Judge Javier Vargas
Tenant McKinnon moved for leave to amend his answer in this holdover summary proceeding by landlord seeking possession of the subject premises. Landlord served tenant with a 10 day notice to quit before commencing this action, alleging tenant was creating a nuisance by permitting his pitbulls to run off their leashes. Tenant moved for dismissal arguing the predicate notice failed to state sufficient facts to establish a nuisance claim, or alternatively, for leave to seek discovery and a bill of particulars from landlord. Tenant sought to add three affirmative defenses, including that the pitbulls were a necessary part of his treatment for his disabilities and medical conditions, among other things. The court stated given the possibility of a forfeiture of tenant's living premises, leave to amend a pleading "shall be freely given upon such terms as may be just." Hence, it found tenant sufficiently established an entitlement to partially amend his answer to raise all applicable defenses, noting as tenant currently received Social Security Disability benefits, allegations he suffered from physical and emotional disabilities were sufficient to sustain the defense. Yet, landlord was entitled to limited discovery, including tenant's need for the pitbulls and relevant training as treatment dogs.
