On Dec. 16, 2009, at 4:32 p.m., plaintiff Roy Ashlock, 54, a concrete finisher, approached a neighbor’s house located on McAtee Street in Valley Springs, which was owned and insured by Connie Church and Ricky Church, and occupied by their son, Gary Church, his wife, Sheri Church, and their daughter, Brittney Church. Ashlock, Gary and Sheri Church were acquaintances, and Ashlock knew Connie Church and Ricky Church from high school. As Ashlock approached the house, he saw Gary Church’s daughter, Brittney, walking with a family dog, Breezy, on a leash and briefly spoke with her. When Brittney left and walked back down the driveway toward the house, Ashlock was attacked by Tank, a bull mastiff/pit bull-mixed animal that weighed in excess of 100 pounds and was over 5 feet tall when standing erect on its hind legs. Tank was owned, controlled and/or possessed by Gary Church and his wife, Sheri Church. They kept and harbored the dog outside of their home, attached to a “dog run” located between the front of the house and McAtee Street. The dog run consisted of an approximate 30-foot-long cable that Gary Church strung between two trees. From the cable, Gary Church affixed an approximate 15-foot lead, which was a wire cable rope covered in plastic, with one end looped around the cable so that it could slide along it and the other end having a snap or bolt hook to attach to Tank’s collar. On at least one occasion prior to Dec. 16, 2009, Tank had broken the snap or bolt hook at the collar. Gary Church subsequently replaced the snap or bolt hook with a larger one, and continued to use the same run with no other modifications. There was no fence or other barrier between Tank and McAtee Street. When the dog got lose on Dec. 16, 2009, it attacked Ashlock, causing to his right dominant forearm. Ashlock claimed that the dog viciously bit and clamped onto his arm several times, ripping through three layers of clothing, crushing his arm and piercing his flesh. He also claimed that was unable to pull free from the jaws of the dog, causing him to fall to his knees and become unconscious as Tank whipped his arm back and forth, and up and down. When Brittney was unable to get Tank to release Ashlock’s arm from his jaws, she ran into the house and called out for assistance from her parents, who both ran to the scene and attempted to open Tank’s jaws to release Ashlock’s arm. They were ultimately able to do so, and called 911. Calaveras Animal Control and Sheriff responded to the scene, and Tank was impounded and later euthanized. Ashlock sued the property owners, Ricky Church and Connie Church; and the owners of the dog, Gary Church and Sheri Church. Ashlock alleged that the defendants failed to control Tank in violation of California Civil Code § 3342 and Calaveras County Ordinance Nos. 244 and 434. Ashlock claimed he was still on a public street when Tank ran toward him and lunged at his throat. He claimed he instinctively placed his right forearm across his throat and face, which caused the dog to bite down onto his arm several times. He also claimed that as the dog whipped his arm back and forth, and up and down, it pulled him onto the driveway and toward the Church house. He further claimed that despite his calls for help, no one seemed to respond. Plaintiff’s counsel contended that Tank was never allowed in the house to develop socialization skills with the family, although the Churches’ other dog, Breezy, was allowed to do so. Counsel contended that, instead, Tank was always kept on the dog run outside in front of the house, where he slept in a dog house, was fed and watered, and from time to time was played with, albeit infrequently, by the Churches and their two children. Thus, plaintiff’s counsel asserted that the position of Tank at the front of the house was clearly meant for security and as a threat to persons passing by the property on McAtee Street. However, counsel contended that at the time of the incident, there were no warning signs on the street or in front of the house to warn pedestrians of the potential danger presented by the dog. In addition, plaintiff’s counsel contended that the only evidence in the case was that Tank bit Ashlock on the street in front of the defendants’ property and that as such, Ashlock was in a “public place” with regard to the applicability of California Civil Code § 3342. Counsel further contended that there was no evidence that Ashlock trespassed onto the defendants’ property at the time of the dog attack and that there was no evidence that Ashlock provoked the dog to attack. Consequently, plaintiff’s counsel asserted that the defendants were strictly liable to Ashlock for his physical and emotional , including his traumatic fear and emotional distress from the attack, and his resulting damages. Brittney claimed that she was at the front door of her house when she heard Ashlock yell out in pain, screaming for help to “get this dog off of [him].” However, she claimed she could not immediately see Ashlock, since the side of the garage blocked her view. She alleged that as a result, she walked to the front of the garage, and saw that Tank had broken free from his dog run and had Ashlock’s arm firmly clamped in his mouth, tugging up and down. Brittney further claimed that she saw Ashlock seated on the ground at the driveway, near the roadway and that there was an approximate 6-foot portion of the lead still affixed to Tank’s collar, while the end of the lead appeared to be frayed and broken. Thus, Brittney testified in deposition that she did not see Tank break free from the dog run; did not see the position of Ashlock relative to the street at the time Tank first bit Ashlock’s arm; did not see or hear Ashlock provoke Tank at any time prior to Tank’s attack on Ashlock; and never told Ashlock not to enter onto her property prior to Tank’s attack. Defense counsel asserted that at the time of the incident, Ashlock had trespassed onto the Churches’ property and/or provoked the dog attack by threatening Brittney. However, Gary and Sheri Church admitted that at the time of the dog attack, they were inside their house with friends, and that the friends were unable to recall much detail of the incident. In addition, Brittney claimed that at no time did she feel threatened by Ashlock prior to the dog attack., Ashlock suffered multiple puncture wounds on his right forearm from the dog bites and was subsequently transported to the emergency department at San Andreas Family Medical Center by one of the friends of Gary Church. In the emergency department, Ashlock’s wounds were sutured and treated, but he later developed an infection in his arm as a result of the dog bite. The bleeding and swelling did not resolve for approximately three months. Ashlock then received physical therapy at Mark Twain Medical Center in San Andreas to help restore function to his right hand and arm. Ashlock claimed that immediately after the attack, he had no movement in his right hand, and his hand and arm had to be placed in a sling for three months. He also claimed he had pain and numbness in his hand, palm and forearm for almost one year after the attack. Ashlock alleged that he experienced a gradual return of feeling in the arm and hand following physical therapy, but that he has residual loss of sensation in his fourth and fifth fingers extending up to almost his right elbow, and pain on flexion of his right wrist. On Aug. 2, 2010, Ashlock was evaluated by his treating neurologist, and an EMG and Nerve Conduction Study was performed by Aug. 4, 2010. Ashlock’s treating neurologist reported that the findings of the study were consistent with right median and right ulnar neuropathy caused by the subject dog bite. As of May 13, 2013, the physician noted mild improvement in extension of the digits in his right hand and ability to make a complete fist, but Ashlock could not dorsiflex his right wrist past 30 degrees due to pulling pain in his right forearm. The physician also noted Ashlock still had mild weakness of abduction of the right fingers, and had decreased pinprick sensation in right thumb, index, ring and little fingers, as well as over the ulnar border of the right forearm distally. In addition, Ashlock claimed he suffered from post-traumatic stress disorder, including depression, recurrent nightmares and flashbacks, as a result of the dog attack. As a result, he underwent three sessions of psychotherapy from his treating psychologist.