On Jan. 28, 2009, plaintiff Maa-Hawa Tucker, an unemployed 36 year old, was visiting her boyfriend at a three-story house on Redding Street in Oakland, which was owned by her boyfriend’s mother, Bretta Kendall. Tucker claimed that while she was in the kitchen, one of Kendall’s dogs, a Boxer named Buster, jumped on her and bit her on the face. She claimed that as a result, she fell over and fractured her left ankle. Tucker sued Kendall, alleging that the defendant was liable for the dog attack pursuant to California Civil Code § 3342, which imposed liability on the owner for any damages incurred from a dog bite. Tucker claimed that she was sitting on a chair in Kendall’s kitchen with the dog in front of her when the dog suddenly jumped on her and bit her on the face. She claimed that as a result, both she and the chair were knocked over, causing her to fracture her ankle. In addition, Tucker claimed that Kendall did not have a license for Buster, violating an Oakland Municipal Ordinance, and that Kendall violated another ordinance by having too many dogs on her property. Kendall claimed that Tucker was intoxicated, fell or tripped, perhaps over Buster, and hit her mouth against the corner of a table. She also claimed that Buster had no prior issues and was a docile, non-aggressive, friendly dog. In addition, defense counsel contended the injury to Tucker’s face was inconsistent with a dog bite., Tucker sustained a fracture to her left ankle and lacerations on her left ankle and upper, left lip, crossing the vermilion border. She was subsequently taken to Alameda County Medical Center, Highland Campus, in San Francisco, where antibiotics were prescribed, the fracture was stabilized and a reference to orthopedics was made. Tucker then saw a physician on Feb. 3, 2009, when the ankle fracture was diagnosed as compromising the joint and placed in a cast. On Feb. 9, 2009, Tucker underwent open reduction and internal fixation of her left ankle fracture, during which screws and plates were placed. Thereafter, she was seen in the emergency room on multiple occasions for complaints of pain to her left ankle. As a result, on Aug. 28, 2009, Tucker had the hardware removed from her left ankle. Tucker claimed she still has discomfort in her left ankle and she has been diagnosed with traumatic arthritis. Thus, she sought recovery of damages for her past and future medical expenses, and past and future pain and suffering. Defense counsel asserted that Tucker was not bitten by the dog, as the injury to her face was inconsistent with a dog bite. However, when defense counsel deposed the plaintiff’s treating emergency room physician, the physician claimed that he could tell Tucker sustained a dog bite even without obtaining a history.