Legal Blog: Plaintiff Asks Court To Render A Default Judgment Against RHOBH’s Kim Richards For Over $1M!

Posted on Apr 30 2015 - 12:13pm by Stacy Slotnick, Esq.

kim-richards-dog

“The fans are hard on me … It’s hard to watch the show … [People] were saying horrible things,” described former child star, Kim Richards in a revealing interview with Dr. Phil on Tuesday, April 28. If RHOBH’s, Kim Richards thought fans were hard on her after last season, wait till she faces the American legal system. Courts do not take kindly to palpable deflection, rampant tardiness or blatant inaction.

BREAKING NEWS: Kim may have to pay one of Kingsley’s dog bite victims over $1M! It should come as no surprise to AATT posters that when a properly served defendant fails to appear in a lawsuit on time, plaintiff might request the Clerk enter default against that defendant. Under Rule 55(a) of the Federal Rules of Civil Procedure, default judgments are available to a party if the opposing party fails “to plead or otherwise defend.”

Ellen Catherine Rozario (“Kay”) asserts that Kim did not file her answer within 21 days after being served with the Complaint, which is required under Rule 12(a)(1)(A)(1). Kay states “Service of the summons and a copy of the [First Amended Complaint], by personal service, was obtained upon Defendant Kim Richards by and through Chad Doe [a.k.a. Chad Davis], Defendant’s son, at Defendant’s residence … on March 2, 2015.” As a result, Request for Entry of Default by Clerk against Kim was filed on March 30, 2015 and a Default by the Clerk as to Kim Richards was entered on April 1, 2015.  On April 21, 2015, Kay made an application to the Court to get a final court judgment and render a Default Judgment Against Kim.

Kim admitted in her Dr. Phil interview, “I’ve got a situation with my sister, my niece, my dog …” There is no question Kim’s dog Kingsley has caused her marked angst and anguish.  But that pain could triple should the Court decide there is no need for a trial because Kim failed to answer, plead or otherwise defend against Kay’s Complaint. (The allegations and causes of action in the Complaint against Kim may be deemed admitted by her failure to answer.)

kim-richards RHOBH dog

A court is given authority to render a default judgment against a party who has not filed a responsive pleading – such as an answer – or otherwise defended the suit pursuant to Rule 55(a), (b)(2). If the plaintiff presents evidence supporting the claims in the complaint, the court can render a default judgment against the defendant.  Should the court exercise its discretion here and grant judgment for Kay?

Pony up. Tickle the palm. Atone. Kay has asked the Court to render a default judgment in the amount of $1,050,000.00, plus court costs and interest. Kay seeks unliquidated damages in the amount of $350,000.00 and punitive damages in the amount of $700,000.00.

Under California law, punitive damages are warranted where the defendant is guilty of “oppression, fraud or malice.” Hasson v. Ford Motor Co. (1982) 32 Cal.3d 388, 402 [185 Cal.Rptr. 654, 650 P.2d 1171). Kay argues Kim had a conscious disregard for her safety after the attack since she “begged Plaintiff not to call 911.” Do you think punitive damages are appropriate here?  Remember, Defendant Evolution Film & Tape, Inc. was dropped from the suit while Judge André Birotte, Jr. ruled Richards shall remain a party to this litigation.

If the Court, having examined the pleadings and the record, is of the opinion that Kay’s request for a default judgment against Kim is well-founded and should be granted, the next step is for the Court to conduct hearings to make an accounting and determine the amount of damages. Kay has submitted, along with the Application for a default judgment, evidence of the amount of damages.  Based on Kim’s failure to answer or otherwise defend the suit, Kay submits that a hearing may not be necessary because the Court may find the facts, declarations, and evidentiary materials support her calculations.

Should a default judgment be entered against Kim, she has legal recourse under Rule 60, which is a tool used to overturn a default judgment in United States District Court.  It provides six grounds for relief from final default judgments but a common one cited is “mistake, inadvertence, surprise, or excusable neglect” under Rule 60(b)(1).

A court may set aside entry of default and even default judgment if the defendant has a good explanation for why it failed to appear earlier in the case. Courts generally disfavor default judgments because a defaulted defendant like Kim is prevented from litigating her case or presenting any evidence in court. There will always be a strong judicial partiality for deciding cases on their merits rather than on procedural or technical grounds. 

Nevertheless, if a party to a lawsuit irritates the court by exhibiting a pattern of extensive delays, dilatory practices, and infinite missed deadlines, you can bet the court will refuse to vacate the default judgment.

Dr. Phil, a venerable psychologist, said he has never seen an alcoholic that reports things accurately. Kim explained on his program she only “remembered pieces … It’s more like a fog … Everything is kind of in waves” as to the incident at the renowned Polo Lounge at the Beverly Hills Hotel resulting in her arrest. That does not bode well for her should she be called to testify at trial in the dog bite case.

In closing, Kim told Dr. Phil, “I need to recharge myself” and “get away.” Something is not penetrating. Adults must answer pleadings, and they cannot play fast and loose with the Federal Rules of Civil Procedure. Grab your gavel, join the conversation, and let us know what you think about Kay’s Application For Default Judgment Against Defendant Kim Richards.

READ: Application For Default Judgement Against Kim Richards

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About the Author

Stacy Slotnick, a.k.a. The Foxy Jurist, holds a J.D., cum laude, from Touro Law Center and a B.A., summa cum laude, from the University of Massachusetts Amherst Commonwealth Honors College. Stacy is the recipient of the Honors Deans Award; Simon and Satenig Ermonian Memorial Scholarship; College of Social and Behavioral Sciences Opportunity Scholarship; and College of Humanities and Fine Arts Scholarship. She is also a William F. Field Alumni Scholar, an honor bestowed upon the most academically distinguished students. In law school, Stacy won two CALI Excellence For The Future Awards® and received an Achievement Scholarship. She is a member of the New York Bar. As an entertainment lawyer, Stacy counsels clients on contracts, branding, and public relations strategy. She negotiates with agents, producers, production companies, and lawyers to secure rights to projects on behalf of high-profile clients. Her clever, spirited, no holds barred legal analysis can be found in articles for The Huffington Post. * Facebook   * LinkedIn   * Twitter

  • twifan2

    Reading bit by bit.
    Could Kim say that Chad never gave her the paperwork when he signed for it?

    • Stacy Slotnick

      Absolutely! That was the defense I was thinking she will go with to try and vacate the entry of default. She could say Chad never provided her with the complaint and so her failure to answer the complaint is the result of excusable neglect or mistake. However….if Chad failed to serve her with the document he could potentially be in trouble too. Would she throw her own son under the bus, do you think, to avoid a final judgment for default?

      • twifan2

        That’s what I was wondering-if Kim would have her son lie for her?
        In the Dr Phil interview, he seemed ‘done’ with covering up for her. So, will he be willing to get thrown under the bus now? :/

        What kind of legal ramifications would happen to Chad then?

        • Stacy Slotnick

          In some ways the kids seemed fed up on Dr. Phil with Kim’s antics and refusal to get help but I probably would have had a tougher stance. How long can they put up with her behavior?

          • twifan2

            Could this bring Kim closer to rock bottom, if her kids(Chad) don’t help her out?
            What legal action could be taken against Chad, if he does say he never gave her the paperwork?

          • Stacy Slotnick

            If a copy of the summons and complaint cannot with reasonable
            diligence be personally delivered to the person to be served,a summons may be served by leaving a copy at the person’s dwelling in the presence of a competent member of the household who is at least 18 years of age, who shall be informed of the contents thereof. Service of a summons in this manner is deemed complete on the 10th day after the mailing under California law. If Chad failed to give Kim the summons and complaint, he might be slapped with a warning and/or community service. It isn’t a huge deal but you can’t just not give someone a legal document. Do you think that is what happened here?

          • Rochelle Barozzi

            No, he gave it to her. She looked at it was pissed and threw it away. And as she said about Dr Phil…she said, Fuck her.

          • Mags

            I agree with you Stacy. I can’t put up with it any longer and I’m just a viewer for the last three seasons. I won’t watch if Kim and Brandi return. It gave me far to much anxiety.

          • twifan2

            Do you think their Auntie Kathy will step in & ask Chad to conveniently forget that he gave her the papers?

          • RustyToddler

            It wouldn’t matter. Summons’ are most often delivered by professionals or sheriffs. They sign the paperwork and deliver to the court the fact it was served. No judge would question that.

          • Stacy Slotnick

            If you review page 2 of the Application For Default Judgment Against Kim Richards, you will see that Kim was served by and through her son Chad, who accepted service of process on March 2, 2015. Hope this helps!

          • RustyToddler

            Exactly my point. The defendant was served at the residence, regardless of who opened the door.

          • Stacy Slotnick

            Excellent! I completely agree. I have Kim and Brandi fatigue. Making mountain upon mountain of excuses isn’t riveting TV. I wonder how Kim is going to “explain away” not responding to the complaint in this case.

          • Mags

            That will be so despicable if that young man was asked to forget he gave his mother the documents. But I don’t put it pass them, and it makes me sick to say that out loud.

          • Stacy Slotnick

            I concur especially because Kim is an admitted liar or bender of the truth as she likes to say. If she raised them, they have been around fabrications all their lives. It is what they know.

          • RustyToddler

            Brooke seemed to be the one who knew what side is up. Kimberly appears still empathetic to her mother’s plight (if you will). Like Big Kathy and little Kathy, the pattern repeats itself aka Big Kim and Little Kim.

          • Stacy Slotnick

            That is definitely the truth. The situation will unfortunately be cyclical. What made an impression on me during the Dr. Phil interview was his statement that alcoholics deflect. That is precisely what Kim has done in this lawsuit. Her cagey statements when asked about Kingsley’s dog bites put the emphasis on her loss, not the actual victims. If forced to testify, a lack of compassion will not do her any favors.

          • MorningYawn

            I thought Kimberly looked desperate… Desperate to please, desperate for her mo to get help, desperate for this nightmare to end! Poor thing…

          • RustyToddler

            I feel for all the kids. Not a pleasant place to be, but they are finally in a position to hammer home how important their mom is to them and how important it is she not divert from the true issues at hand.

          • MorningYawn

            Very true. I hope they are strong enough! I agree that Brooke is. Chad too (pills n pot addressed with mic on – not an accident for sure!). I just worry about Kimberly!

          • twifan2

            BUT will Auntie Kathy step in & tell them that they have to have ‘a united’ front for their mother’s health, sanity? Forget about them & what they’ve gone thru, going thru.

      • twifan2

        How soon could we know if Kim is going to use this ‘defense’?

        • Stacy Slotnick

          She should be moving to vacate the entry of the default — well — like yesterday. I bet the Court will issue a final judgment if it feels that Plaintiff’s paperwork is in order and then months down the line Kim will seek to vacate the default.

      • Rochelle Barozzi

        I absolutely think she will throw Chad under the bus. That WILL be her defense.

      • MorningYawn

        Yes. She would throw every one of them – save Kingsley- plus 2 sisters, a few nieces and a nephew for good luck, squarely under the bus to save herself. Selfish is the only word to describe it… Tho it doesn’t seem to be enough!

        • Elizabeth Fisher

          We can’t talk about Kingsley – that is her “doggie-son”

          • Ilivehereandlikeit

            LOL

      • Elizabeth Fisher

        I don’t know that a judge would buy Kim’s story that Chad didn’t give her the paperwork. Didn’t the Sheriff say they tried to serve Kim something like 10 different times and she avoided service? She has already demonstrated at least 10 different times the ability to avoid being served with this lawsuit – I think she’s going to have a hard time convincing the judge she knew nothing about Chad being served with the Complaint.

        • RustyToddler

          Excellent argument.

    • RustyToddler

      No. It was delivered and accepted at the defendant’s address. You can’t just drop it on the stoop, but let’s say they could not serve Kim. Kay had the option of posting the notification to sue publicly in a newspaper that covers the area/county/city where the defendant lives.

      • twifan2

        BUT Chad was the one who signed for it. Kim could say he never gave her the papers.

        • RustyToddler

          It wouldn’t matter. The server (usually pros or sheriffs dept) sign and file the paperwork w/the court. Rarely if ever questioned. The residence was served.

        • Jennymckitty

          Wasn’t that around the time Chad was allegedly hospitalized? I can’t remember.

          • twifan2

            uuummm, Chad was hospitalized sometime on or before March 15th. He still could of been there on March 2nd.

      • Stacy Slotnick

        But Chad may not have given her the summons and complaint on March 2, 2015, which is what Kim might allege to vacate the entry of default judgment. Remember, service was perfected through her son, Chad. Services was obtained upon Kim by and through Chad at her residence.

  • RustyToddler

    I smell “excusable neglect” in Kim’s response, if she responds at all. Would that make it “inexcusable neglect?”

    • Stacy Slotnick

      The court considers the length of delay and its potential impact on judicial proceedings, the reason for the delay, and whether the moving party’s conduct was in good faith when determining whether excusable neglect has been established. It’s a somewhat flexible standard that allows both parties lots of room to argue for and against default.

      • RustyToddler

        I was being sarcastic.

  • twifan2

    Stacey, could the Dr Phil interview be brought into court as evidence that Kim not fit to be a dog owner?
    She ‘remembers pieces, it’s like a fog’.

    • Stacy Slotnick

      Remember, in that interview Kim admitted to kicking the police officer. That evidence the PL will most definitely argue should be admitted. As for Kim’s truth-telling abilities, the statements Kim made on Dr. Phil about her memory and recalling facts the PL will also try and introduce. Sometimes judges are leery about admitting video evidence but a good lawyer can make the case for any type of proof being admitted.

      • RustyToddler

        I expect this is a contingency case, whereby the attys get a good size chunk of the settlement/award, up to 40%. Suing for $1,050,000? Guessing Kay got a firm that isn’t messing around. They stand to make nearly 1/2 a million.

        • Stacy Slotnick

          I think your guess is on the mark. Kay’s attorneys likely took this case on a contingency basis with perhaps a consultancy or flat fee for some of the initial paperwork/investigatory tools used to determine if the case was winnable. $1,050,000.00 is a big number, though, for a dog bite lawsuit in which we have yet to read in Kay’s paperwork that she is somehow permanently disabled (which would justify an over $1M judgment).

          • RustyToddler

            She’s 80. I’d say those scars and what will surely be alleged ptsd will be considered permanent.

          • Stacy Slotnick

            Permanent disability in the law usually refers to the absence of an ability to perform a basic daily function, such as walk, smell, bend, etc. PTSD is most definitely a condition worthy of punitive damages but proving the connection between PTSD and the dog bite will require expensive experts. If Kay is looking for her default judgment and a quick hearing on damages, I’m not certain she would hire those experts. Remember, too, her lawyers will have to prove any scars are from the fall from the dog bite and/or the actual bite. Kim’s lawyer could just as easily claim they were pre-existing scars.

          • RustyToddler

            Agreed on point 1, don’t agree on point 2 re: expensive experts. The attys will bear that burden until a settlement/award. They don’t need to hire the equivalent of OJ’s Henry Lee. I think much of this is based on “the principle of the thing,” mentality. Kay didn’t file until Alexia landed in hospital. As to fall vs. bite marks? I’m fairly sure that’s a slam dunk, photographically (skin tears) and via her medical chart. No doubt the injuries were photographed by the medical staff.

            I really enjoy this discussion with you. Very interesting points/counterpoints.

          • Elizabeth Fisher

            Correct me if I’m wrong, but didn’t Kay file suit because Kim backed out on her agreement to pay Kay’s medical bills (which just happened to be after Alexia was bit)?

          • twifan2

            Also, didn’t Kim tell Kay that she would get rid of the dog?
            Kim didn’t/hadn’t.

          • RustyToddler

            Yes. That is my understanding as well regarding the timing of the suit.

  • Nancy Krystofik

    Not allowing Kay to dial 911 sounds like a crime to me, that is low-expect Kay to suck up a dog attack, and not tell anyone what happened? Kim has sunk to new lows, and needs to pay for the damage her dog and her did to this women. It sounds like something that could result in prison time, not rendering aid to an injured person, that you injured with your violent dog.

    • RustyToddler

      According to the complaint, Kim told Kay if she reported the bite, Kim would lose her job. IMO, just more BS to avoid responsibility.

      • Mags

        Who cares about their job when you longtime friend is bleeding to death on the floor?

        • RustyToddler

          Kim does. It’s her modus operandi.

    • Stacy Slotnick

      That is actually a large part of Kay’s Application dated April 21, 2015. In it, Kay claims “Kim consciously disregarded the safety of Plaintiff because she was aware of the probably dangerous consequences of her conduct in not calling for medical help.”

    • Mags

      And then she moved on to allow the same thing to happen to her niece. I hope she gets exactly what she deserves. I personally would never speak to Kim again, if I were Kyle. After that, there is no way I could have someone like that in my life or my children’s. How selfish can one get? Ewwwwwww……..

      • Stacy Slotnick

        She is lucky Kyle and Mauricio did not sue her too. Juries tend to award higher judgments to children victims.

        • Elizabeth Fisher

          Stacy, I’m wondering if there is some sort of “vicious dog” exclusion on the landlord’s homeowners insurance policy since he hasn’t been brought into the suit. He has to know about Kingsley because Kim built some $6,000 contraption outside to hold him when the Bravo crew is at the house filming. She would have had to get the landlord’s permission to have this holding contraption built. 20 years ago when I rented, I couldn’t change the color of the kitchen/dining room walls with a $40 can of paint without permission from my landlord.

  • WaWaWaWHAT!

    Come on now…Kim didn’t get a chance to response…she was in her ‘safe place’ ➡ at the bar

    • RustyToddler

      lol – maybe that’s where they should have served her?

      • WaWaWaWHAT!

        LOL exactly!!!

    • Stacy Slotnick

      If Kim wanted to have the opportunity to contest claims made against her by Kay she had plenty of opportunity from March 2 onward. Moreover, it has been liberally reported in the press beginning in November 2014 that Kay intended to sue her. She had ample opportunity to state her position and she didn’t. You can’t do that when it comes to court deadlines.

      • WaWaWaWHAT!

        I get it, I was just joking…
        I hope Kay wins her case!!

        • Stacy Slotnick

          🙂 Are her dog bite injuries worth $1,050,000.00? I’m not sold on that figure.

          • Rochelle Barozzi

            I think it is high. But I understand her and her attorney being pissed. I think her attorney knows they won’t get that amount.

          • Stacy Slotnick

            Exactly. There is room in that $1M+ sum for the court to knock the number down (in the case of a default judgment) or serve as a starting point for negotiations should the case proceed to discovery/trial.

          • Rochelle Barozzi

            It was just a starting base.

          • Elizabeth Fisher

            I stated about a week or so ago, that I could see Kay being awarded a minimum of $400,000. I could see it going much higher if the jury decides to punish Kim (and I’m pretty sure they will want to).

          • Stacy Slotnick

            Punitive damages in California only refer to acts that are oppressive, fraudulent, or malicious. Unless Kim’s actions with regard to her negligence in the dog bite incident alone amount to oppression, fraud, or malice, punitive damages will not be awarded. Kay claims in her Application that she has evidence to establish why $1,050,000.00 is justifiable. We shall see.

          • RustyToddler

            Stacy, so you are saying Kim’s actions post the dog bite would not be considered in the punitive damage area? I find that hard to believe considering that is a major part of the suit and the judge is allowing the suit to move forward. Then again, who knows what a judge will do?

          • Elizabeth Fisher

            It is interesting to see the difference in “punitive damages” between California and Louisiana. In Louisiana, punitive damages “are to punish the wrong-doer and to set an example to deter others from the commission of a like offense.”

          • Stacy Slotnick

            Deterrence is certainly an aspect the court will consider however the case law is clear that punitive damages are warranted in cases where the defendant is guilty of oppression, fraud or malice. Check out the Hasson v. Ford Motor Co. case I cite to in the blog as well as Kay. In this case, Kay claims punitive damages may be appropriate because Kim intentionally misrepresented the dog’s disposition to her and concealed the fact Kingsley was vicious and dangerous. We know that the court did not buy said argument, though, with regard to Evolution, i.e. that Kim acted as an agent of Evolution to conceal Kingsley’s dangerous ways. Punitive damages in California goes to the heart of the tort and whether it had elements of oppression, fraud or malice. It’s great to connect with you, Elizabeth.

          • RustyToddler

            It is my understanding dropping Evolution from the suit had more to do with their concealment, not Kim’s. One would not automatically equate to the other.

          • WaWaWaWHAT!

            Yea, like start off high, that way when they settle it would appear way less than over 1mil

          • RustyToddler

            Not to mention, if you are going to sue someone…. you must sue everyone. Kinda like tossing the pasta onto the fridge. See what sticks.

          • WaWaWaWHAT!

            LOL Yup

          • WaWaWaWHAT!

            Her injuries looked bad, did she need surgery? wonder if she got a bone infection as well? ..but you’re right that amount is really steep

          • Stacy Slotnick

            Absolutely. Her injuries did seem bad and it was no doubt hugely traumatic for an 80-year-old to have to endure the actual attack and then pain/physical injuries stemming from the dog bite. I question this figure because I tried cases in which the injuries — from what we know — were far worse than Kay’s. For example, I tried a case in which a 70-year-old woman started to walk onto a NYC bus and the bus started moving and she fell backward onto the concrete and couldn’t walk for over a year plus she had permanent scars and psychological injuries. The case settled for $750K. Just an example to offer context.

          • WaWaWaWHAT!

            Oh wow…and your right, Kay will never get what she is asking for and probably not even 100K…unless there are some other deeper issues and she needed additional surgeries down the road or what not…
            I cannot recall, who has the dog now? a trainer?

          • twifan2

            At the time of the reunion, she was kind of hesitant about answering where the dog was then she went into the ‘Kingsley is like my own son. He’s Monty’s best friend’ routine. Gave me the impression that Kingsley was still at her house. He may be at a dog rooming place while she’s in rehab now?

          • WaWaWaWHAT!

            Hi hun! Oh that’s right…and do we have confirmation that Monty’s still ok, as in Kingsley didn’t eat his ‘best friend’ LOL

          • Jennymckitty

            Isn’t there a formula used..hospital fees + damage permanently lost (loss of income) X life expectancy and then some money for pain and suffering. The amount seems excessive to me. Some legal malpractice cases against OB’s get slightly more than that and the children have their entire life ahead of them.

          • Stacy Slotnick

            Absolutely! The court will look at medical care expenses, permanent disability, lost income, pain and suffering, etc. from the time of the accident through life expectancy.

          • lloleary

            Stacy: From a Pet Grooming Shop Owner: She was severely bitten and dog saliva, like cat’s can contain a ton of germs. Kim tried to force her not to call authorities, promised to pay all bills and didn’t.. Whether or not, Kay said her insurance would pay, Kim should have insisted and written a check to protect herself. AND, she did nothing to prevent the dog from biting anyone else, hence her niece’s bite! She ignored the trainer’s suggestions and the dog tried to bite the trainer… It’s all about establishing the “heirarchy” with Pitts, exercise, which I doubt Kim did, and training. She treated him like her baby and NOT like a well-trained dog. While my dogs are my babies to the max, they are extremely well trained, and know I am the “Alpha” of the pack. Even my 12 year old “Mill Momma” rescue who didn’t even know what grass was is a model “dog” citizen (except for “pooping” on the driveway! At least it is outside!!!) Kim clearly didn’t do that with Kingsley. I get so infuriated with people who do NOT train their pets. They are not stuffed animals or Barbie Dolls. They need as much as our babies/kids, if not more. Trained dog, you will have for life; Untrained dog, only causes strife. A million plus? Whether justified or not, will be settled, but at least it will get Kim’s attention. She needs to own a small laid back dog and has no business owning a Pitt. They need more level-headed training/consistency/exercise and she just can’t. Doesn’t have the skill set and ignored it.. Yes, maybe a million seems a lot, but if you look at it cummulatively, she has not handled/responded/been responsible toward this issues AND handled bites in a manner of regret/apology. Things have escalated with Kingsley, due to her ignoring it, and all around her.
            Before you get a dog, go to the internet and do a quick “test” on the best of breed that suits your lifestyle and personality.. Eye-opener in many cases and so worth it for you to have a pet of your dreams. Sorry for such a long post..

          • RustyToddler

            “Alpha” is a perfect description of a good dog owner. They are pack animals and someone needs to be in charge or trouble will follow.

          • Stacy Slotnick

            Thank you so much for offering your analysis. Never apologize for longevity. We appreciate your comments.

  • WaWaWaWHAT!

    Where is Kingsley! With all the latest Kim news I forget who has the dog…is he in rehab too?

  • CNN

    I love my Pitt but I would never allow my personal feelings to cloud my judgement like Kim Richards has. If my dog attacked repeatedly, I would have to put him down. I love my dog but refuse to place human lives at risk. I hope Kay is victorious in her pursuit for default judgement.

    • Stacy Slotnick

      Thank you for your fair and balanced (is that appropriate to say to someone with the screen-name CNN?) analysis. We know that Kay stated she “bled profusely” but do you think her damages (out of pocket and punitive) amount to over $1M as she so claims?

      • RustyToddler

        Kay reported the dog attacked her hand/arm, throwing her backward onto her butt with her back against the bed. Lunged for her face which is why the arm injuries. She then turned her torso into the the bed which accounts for the bites on her back…. many stitches and with thin 80 yr old skin? unlikely to heal/fade. But that’s just the medical/psychological side. The punitive side is different.

        • Stacy Slotnick

          Unless she has a permanent disability, it is my humble guess the court might cut that $1,050,000.00 figure in half and then grant PL interest in the amount of 10%. Unlike in a defamation case in which injury to a person’s reputation can be challenging to calculate, all the court will need to do here is focus on her medical bills, lost income (if any) as a result of her injury and subsequent hospitalization, and pain and suffering. Civil Code § 3294 in California provides that a plaintiff may seek punitive damages “where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud or malice.” Can Kay make out a case for punitive damages here? Was Kim’s behavior oppressive, fraudulent or malicious?

          • RustyToddler

            Were I an atty, I would argue fraudulent in that Kim claimed she’d lose her job if Kay reported the bite. Fraudulent and Malicious in that she knowingly attempted to keep Kay from reporting the bite by promising to pay her medical bills, which she then ignored, prompting undue stress upon the plaintiff, if not financial as well.

  • WaWaWaWHAT!

    I HATE this she does her ‘sexy pout face’ in the mirror, it just makes me want to smack her ass to sober…

  • Chloe

    Why is this allowed? If Kim was a non-“celebrity,” Kingsley would have been put down a long time ago and Kay’s case would have been won and closed. This is ridiculous.

    • Mags

      Also, this woman was 81 years old when this happened. I can’t even imagine what this poor woman goes through every day…..and time should be of the essence.

  • RealitytvJunkie

    Pitt bulls by nature are more aggressive, however, if they are properly trained, they can be as gentle and playful as any other breed. The vast majority of time, attacks stem from inappropriate training by owners.

    • Rochelle Barozzi

      Exactly this. They have a nad wrap, in Victorian days they were called Nanny Dogs as they acted as a babysitter of sorts.

      • Stacy Slotnick

        I love a unique history lesson. Thanks Rochelle!

        • Rochelle Barozzi

          LOL Thanks. They are beautiful lovely dogs. It wasn’t until they were brought here that they were used for fighting. And that is all on the owner not the dogs. I love Pitties.

      • RealitytvJunkie

        I agree, pits get a bad wrap when in fact they’re actually very gentle and loving dogs. They were originally called ‘Babysitters’ because they are so good with children. I’ve got one. Not a mean bone in his body. Anybody on here who says, “they’re mean, vicious dogs who should all be put down” know nothing about them, and need to get educated on them. Stop by your local shelter and ask questions.

        • Rochelle Barozzi

          YES! You don’t know how many times I have been at a dog park and an owner brings in their Pit puppy. Some people freak. I make sure and give them a lesson on them. It really pisses me off. ANY dog can be vicious if they are trained that way. Even a chihuahua.

        • twifan2

          THANK YOU! I totally agree with you on that! 🙂
          We’ve come into ownership of 2 just recently & they are the sweetest doggies. Even Chats(he’s a finicky cat) has bonded with them.

          • Rochelle Barozzi

            AWwwwwww

  • RubyT

    I know what Kim’s niece’s injury was, but what exactly were Kay’s injuries?

    • RustyToddler

      Hand, Kay fell backward onto her butt, then arm as the dog lunged for her face. She turned her torso toward the end of the bed to protect her face, hence the wounds to her back.

    • Stacy Slotnick

      Kay likes to say in all her legal filings that she “bled profusely.”

      • twifan2

        I wonder if at 80, she may be on a blood thinner?

      • Elizabeth Fisher

        Judging from Kay’s pictures, I would have to say she did.

        • WestCoastFeed

          I’m about her age and I bleed profusely from any broken skin.

          • Ilivehereandlikeit

            My DH has to take thinners due to an illness and I am stunned sometimes at the amount of blood that comes out of, what to me, would be a scratch. But like you said, aging skin also can be easily bruised and torn and that of course leads to it bleeding too!

        • Stacy Slotnick

          But does that injury equate to over $1M in damages?

          • Ilivehereandlikeit

            Stacey I bet the lawyers representing Kay know that will never happen, those kind of damages being awarded. Just a wish list?

          • Stacy Slotnick

            You are most definitely on the right track. Kay alleges on pg. 5 of her Application that she understands the court needs to conduct an accounting to determine damages and to that end she has “submitted along with her application applying for default judgment, evidence of the amount of damages by her declaration.” While she has “evidence of damages,” her attorneys know that the court will likely modify the $1,050,000.00 figure. Thanks for the comments!

        • Stacy Slotnick

          It would be helpful to know, too, the scale of those scars and how large in diameter, length, etc. her bites were. All that needs to be reviewed when the accounting is done should the court grant a final judgment as to the default application.

  • twifan2

    Stacy this OT, but still relating to Kim.
    What could Kim’s ‘punishment’ be pertaining to kicking a police officer?
    Why was no blood alcohol level done when she was taken in? Why no mugshot?

    • Stacy Slotnick

      Under California law, battery on a police officer is typically a misdemeanor. The potential penalties are up to one year in county jail, and/or a fine of up to $2,000. But if the battery causes an injury requiring medical treatment, then this crime becomes potentially a felony. If it is charged as a felony, battery on a police officer carries a potential sentence of up to 3 years in county jail, and/or a fine of up to $10,000.

      • twifan2

        ‘Under California law, battery on a police officer is typically a misdemeanor’?! DANG!
        I need to move to Cali! NOW!

        • Stacy Slotnick

          You unquestionably made me laugh just now. 🙂 I was shocked she admitted to kicking the officer in the Dr. Phil sit-down. If she has attorneys, what were they thinking when they coached her on questions she could and could not answer? Dr. Phil isn’t a court of law. She could have chosen not to respond.

          • twifan2

            Her saying that on national tv was a ‘dumb’ move-imo.

            To make a long story short-I didn’t ‘assault’ the officer. In court he admitted that I didn’t. BUT I was facing a jail term at the time & I was pissed because of the whole thing! I literally got in front of the judge’s face & demanded that that officer be given Community Service! Told you I was pissed! 😀

  • Rochelle Barozzi

    If she has ignored and not replied. Then yes, render the judgement. Of course she will blame “all the bad things in her life” but I am sure the courts will see through her BS.

    • Stacy Slotnick

      Thanks Rochelle! Kim’s delay in not responding (Chad was served on March 2, 2015) isn’t egregious but in the black and white light of the law, late is late. Kim did not serve an answer within 21 days after being served with the complaint. Will her excuses for the delay work? Will a court be inclined to allow her to file her answer because judges generally like cases decided on their merits instead of on technicalities?

      • Rochelle Barozzi

        If the Judge is savvy, no they will not work. I assume (LOL) that a Beverly Hills Judge has seen their amount of “celebs” so her sad story won’t work. Her merits?? I don’t see where she has shown any for the courts to allow that. I do see her blaming her son as to not giving it to her. When I do believe she saw it and tossed it. Thinking it was something frivolous.

        • Stacy Slotnick

          She might claim that Kay was somehow at fault or Kay taunted the dog. Desperate defendants do desperate things. If Kim and Kay were the only witnesses to Kingsley’s attack, Kim could allege Kay grabbed the dog, spit in the dog’s face or yelled at the animal and then he bit her. That would be a meritorious defense or might limit Kim’s liability. But, as I mentioned in the second to last paragraph of my blog above, Dr. Phil says he has never seen an alcoholic that reports things accurately.

          • Rochelle Barozzi

            But will her alcoholism be brought in the courts? Can her attorney and even Kays bring that up as to she said/she said? Kim can remember what she wants to. She has proven that even in her talk with Dr Phil. But in the end it is the court who has to figure out who is telling the truth by what the attorneys bring forth as evidence. And as of right now…Kim has nothing to show the court.

          • RustyToddler

            It doesn’t sound like Kim had an atty to begin with. She doesn’t own the house. If she did, and the dog had been added as a rider to the policy, the ins co would hire an atty for Kim. Renter ins will not add a dog in california, so Kim is on her own.

          • Rochelle Barozzi

            Thanks Rusty!

          • RustyToddler

            YW… My daughter/son in law rehabbed Pits in California… They are very well versed on the law as it applies to dogs.

          • Rochelle Barozzi

            Bless them! They are angels to do that. <3

          • Stacy Slotnick

            Her alcoholism may become an issue if she is a witness and Kay’s attorneys would seek to prove that she isn’t a reliable one since alcoholics’ memories are impaired potentially due to substance abuse. Great question, Rochelle!

          • Rochelle Barozzi

            Thank you that answers my question. BUT can they use footage of her claiming to be sober??

          • Stacy Slotnick

            It is possible but Kim’s attorneys will make a good argument that it is unfairly prejudicial to admit it.

          • Rochelle Barozzi

            True!

          • DEXTER

            A jury will decide. A jury will be told that Kim herself said she does not remember things.

          • Ilivehereandlikeit

            Oh that was just what I was asking too Rochelle. What bearing Kim’s alcoholism would have on this case unless her drinking directly caused the injury to former friend Kay….such a tangled web!

          • Ilivehereandlikeit

            Stacey would Kim’s reveal (cough, cough) alcoholism even have any bearing on this case since the injuries that happened to Kay weren’t caused by Kim drinking and drugging and whatever else was alluded to in the Dr. Phil interview?

          • Stacy Slotnick

            Her substance abuse may impact her truth-telling abilities on the witness stand and Kay’s counsel will try and usher in evidence to show she does not remember events accurately. Moreover, Kim admitted during the Dr. Phil interview that she has been drinking (wine) for months. It is possible she was drinking at the time of the accident on March 20, 2014. Said action would impair her ability to recount specifics of the event accurately and/or impair her judgment when she has guests over around Kingsley. Does that make sense?

          • Ilivehereandlikeit

            It does make sense! That said, if I have a cold, took benedryl and my yorkie mauled a visitor, I wouldn’t maybe have reliable recall but the event still took place – I’m not understanding why Kim’s state, altered or otherwise has any weight in this case.

            As is apparent, I am not an attorney (I know what a surprise!! lol) but my common sense is really struggling with this point.

          • Stacy Slotnick

            The reason Kim’s memory of the event matters is because according to the complaint, only Kim and Kay were witnesses to the attack. Therefore, if Kim were drunk or she told Dr. Phil she doesn’t remember things clearly, she could not combat Kay’s recitation of what happened in that room. I completely agree that it can be difficult to remember the specifics of an incident that was emotional and scary.

          • Ilivehereandlikeit

            Got it! Thanks Stacey!

          • Stacy Slotnick

            Excellent. I’m happy I could help.

        • DEXTER

          She didn’t hear on twitter or from family or friends or internet she is being sued?

          • twifan2

            She ‘forgot’. 😉

          • Stacy Slotnick

            Kay’s attorneys did press in November 2014 saying Kay would sue. You are absolutely right.

          • Rochelle Barozzi

            I can’t answer that but good question!

    • RealitytvJunkie

      I wonder how more chances will the court grant her to ignore this complaint. In the real world the plaintiff would have won already.

      • Rochelle Barozzi

        Exactly.

      • DEXTER

        She can get it tossed. But she has to do something. I am an alcoholic and was too drunk might be an excuse that works.

  • Dana

    I just don’t get the attraction for owning Pit Bulls, and I roll my eyes every time I hear a pit bull lover say “it’s the owner not the dog…” Really? How many stories do we read about Yorkshire terriors, Border Collies or Retrievers mauling a person or another pet? Pit Bulls are aggressive dogs bred for fighting. There’s no reason for anyone to have one as a domestic pet, and if you are an absolute dog lover, there are so many other breeds that make better household pets and won’t endanger the community.

    • Rochelle Barozzi

      All I ask is that you read up on them, learn before making that judgement. Most people only know of them through the asshats who use them as fighting dogs. It is the owners who make a dog vicious. You can train a chihuahua to be an attack dog. Learn the history of the breed. It really isn’t what we think. Or what is shown in the news etc. I don’t own one but have known many. And I work with dogs.:D

      • DEXTER

        What you can’t change is their biology. their jaws are very powerful, and they lock. That is what makes them dangerous. My cat bit me once by accident and he was freaked out he did it, But his teeth were stuck in my hand. I had to pry his mouth open wider to get free. My cat didn’t mean to hurt me. He was not attacking me. A pit bull could be playing and the strength of its jaw and the fact his jaw can lock can spell trouble. I have known a few nice pit bulls. I do not trust them. You should never trust any dog other than your own.

        • RustyToddler

          Pit’s jaws do not lock.

    • twifan2

      It’s the type of person(s) training them that makes them ‘aggressive’ or not.

    • Jennymckitty

      I’m a dog groomer and love Pitts. I clip their nails all the time and haven’t had a bite, snap or grrrr from them. Corgi’s, Shebas, Terriers are bad for nails but I don’t fear Pitts. Most are loving lap dogs.

  • Ilivehereandlikeit

    Stacey, thanks for the inside info!

    I’m so behind in this story, but did Kay have any medical insurance and if so, would her insurance company then go after Kim to recoup?

    Aside from that I think some punitive damages are warranted as Kim pretty much blew off her so-called “friend” and in my book, something bad like that happens at my house, you are there HELPING in any way possible. Not throwing around accusations and all the C-R-A-P Kim pulled and has continued to pull.

    Thank you 🙂

    • Stacy Slotnick

      Thanks for the questions, llivehereandlikeit! Kay claims Kim failed to pay for any of her medical bills. Whether Kay’s insurance company could and would go after Kim at this point is somewhat moot simply because Kay went the legal route and elected to sue on her own. I bet there was a disclaimer in the coverage or something in the policy that it made more sense for her to file a first-party negligence claim, among other causes of action. You sound like a very responsible and kind person because you would make sure your friend was taken care of it something like that occurred in your home with your dog. The word that keeps sticking in my mind that Dr. Phil used to describe Kim is “deflection.” She does not seem to take responsibility and instead thinks she is the victim. Glad you enjoyed the blog and thanks again for the comments/questions!!

      • Ilivehereandlikeit

        The business of Kay stating in the suit that she laid on the floor bleeding, afraid she might bleed to death (not unreasonable for an older person just attacked by a dog) while Kim tried to discourage her from calling 911? Wow, now that is COLD. Seriously, Kim should not be allowed to get away with a slap on the wrist for that alone.

        Oh I really do appreciate your blogs Stacey! They’re informative and entertaining – win/win!!!

        • Stacy Slotnick

          Thank you so much, llivehereandlikeit! I’m delighted you enjoy the information and find the legal discussion interesting. 🙂

          I think that the statements about Kim dissuading Kay from calling 911 goes to the heart of Kay’s injuries. Kim could absolutely have exacerbated Kay’s damages in the time lapse between the injury and when medics arrived/Kay was initially treated. Great point!

          • Ilivehereandlikeit

            Absolutely, and how in the world would Kay know the extent of her injuries while laying on the floor bleeding? If I had been there, I know I would certainly be wondering if this was it??

            I just find Kim’s behavior not only repugnant but borderline..endangering? No, the friend did not bleed to death as it turned out but honestly, Kim kind of succeeded in preventing Kay from getting immediate and appropriate medical care at the scene of the attack.

  • Dave

    This dog sounds like a menace. I wonder why it wasn’t put down after the prior attackS. Kim deserves a much larger penalty than $1m+. I think some jail time is in order for Kim’s reckless care of Kingsley.

    • Stacy Slotnick

      Thanks for the comments Dave! It seems like based on the totality of the circumstances, you believe that at least $1,050,000.00 is a justified award.

      • Dave

        Not even, I think Kay deserves more.

    • DEXTER

      A couple- I think one was a lawyer – went to jail in NYC when their dog attacked a neighbor. The neighbor was killed by their dog. They also had to pay a lot of money.

      • Ilivehereandlikeit

        There was a couple I believe in SFO that had dogs that attacked a neighbor in the hallway. The woman was killed. That was a horrible one.

        • RustyToddler

          Wasn’t that case one involving rottweilers?

          • Ilivehereandlikeit

            No, Cararino presarios??? OK I know that is totally the wrong spelling!!!!

            Just googled the spelling:Presa Canario.

            Oh boy, dyslexia raising it’s head there!

          • RustyToddler

            I looked it up. “…two English mastiff and Canary Island cattle dogs.” Just goes to show you, any dog is capable of attacking.

          • twifan2

            So are cats capable of attacking.

          • RustyToddler

            True that Twifan. I still have scars from puncture wound and stitches from a cat bite to my wrist as a kid. Still love cats, though.

          • twifan2

            Me too, Rusty-have bites from cats.
            MAJOR thing is to try & NOT pull away. That will cause tearing. That is so hard! 🙁

          • RustyToddler

            That’s exactly what happened. I was 8yrs old and tried to “shake” it off my wrist… Bad idea.

          • lloleary

            You are so right!!!… I was bitten by a dog I was bending over to pet and she came full force up, I jerked back and had half my nose bit off!! Looked like the inside of a hot dog! Thank goodness my Dad was here to rush me to the emergency room…

          • RustyToddler

            Yikes!

          • twifan2

            No hot dogs for for a long while now. 😉

          • OMG.

          • lloleary

            Dog bites are so much more serious than we think, especially KR!

      • Stacy Slotnick

        Thanks for sharing this NYC case. Under city, county and state laws, dog owners can do jail time after dog attacks and owners may face criminal charges ranging from criminal negligence to second degree murder.

      • Elizabeth Fisher

        You are correct – I remember that case.

      • Dave

        The same happened in San Francisco. I’m not certain of the breed of dog but it savagely mauled the female neighbor and the owners are in prison serving hefty sentences.

        • Ilivehereandlikeit

          Presa Canario. I was talking about this below. Mangled the spelling and had to look it up!! The woman was killed.

  • WestCoastFeed

    Sorry if this has been answered already. But does Kim even have an attorney?

    • Ilivehereandlikeit

      OK, I don’t know why but this made me laugh!! OMG, with Kim, who in the HECK knows???

  • Ilivehereandlikeit

    This is slightly OT but when I read here that Kim’s son Chad accepted the papers that were served at her residence…all I could think was this was yet another reason for that poor kid to MOVE OUT.

    Just a comment 🙂

    • Bad Barbie

      You know Kim will now blame him for being sued. LMAOOOOOOO

  • DEXTER

    Her avoidance is astounding. I am astounded that Kathy does not say Kim, you gotta get a lawyer. She must have an agent, a lawyer who negotiates her contract – someone. Someone should tell her she needs to get a lawyer. But she probably tells everyone, yes I got a lawyer, everything is under control. shut up and go away.

    • WestCoastFeed

      Would a lawyer have let her appear on that awful Dr Phil show without someone there to help her? Or even let her appear at all?

      • twifan2

        Don’t forget WCF, her dear sister Kathy was there at her side.
        :/

        • WestCoastFeed

          That’s part of her problem. It doesn’t sound like she has legal representation at all.

        • Bad Barbie

          Kathy could be feeding her to the lions to get rid of her too.

          • twifan2

            Lions as in Dr Phil for starters?

      • Stacy Slotnick

        I found it telling she admitted to kicking a police officer as a result of the incident at the Polo Lounge. If a decent attorney or publicist were there, they would not let her answer a question about whether she kicked or harmed a police officer. Her public statements can only hurt her. Lawyering 101: Don’t let clients speak to the media before a trial in which said statements and behavior can be used against you.

        • WestCoastFeed

          She sounds to me like she might be legally incompetent. Is there such a designation?

          • Stacy Slotnick

            That is a very good and interesting point. If someone is judged to have a lack of legal ability to do something, especially to testify or stand trial, they may be deemed incompetent by means of a formal hearing. Sometimes a guardian is appointed but in this case the court would try and “cure” her incompetency, meaning offer her services she needs to be sober. If she just cannot remember the events of March 19 and March 20, 2014, that is not incompetency.

          • WestCoastFeed

            But this sounds like more than inebriety. This sounds like not being of sound mind.

          • twifan2

            Mind altering by drug usage?

          • Stacy Slotnick

            Exactly.

        • RustyToddler

          Sound advice… but then again… this is Kim we’re discussing, with her sidekick queen of aversion, sister Kathy.

          • Stacy Slotnick

            Indeed. This is sage advice that those of us who represent celebrities and those in the public eye must adhere to diligently, wholly, and unendingly. Kim most definitely plays the PR and law game according to her own rules as you note, which haven’t been all that successful for her as of late.

    • Ilivehereandlikeit

      I still think the sole purpose, in her mind, of appearing on that show was to garner sympathy for herself in light of the legal messes she is in at present.

      Kind of backfired however! :-0

      • twifan2

        I still don’t get why she went on the show tho.
        Kim did say she saw/taped his show, so she knew she’d be in for some hard questions, statements.
        AND then she says some pretty damaging stuff-hitting a police officer.

        • Ilivehereandlikeit

          IMO she went on the show thinking that would help her case with the BHPD thing, that she was (now) exhibiting responsibility for her actions.

          • twifan2

            ‘she was (now) exhibiting responsibility for her actions.’ <—that made me laugh out loud! 😀

          • RustyToddler

            lol… how Lindsay Lohan of her.

          • Ilivehereandlikeit

            Exactly! Same lame ploy.

          • Ilivehereandlikeit

            Happy to tickle your funny bone Twi 🙂

          • twifan2

            I thank you, Ilivehereandlikeit! 🙂

        • Bad Barbie

          I think she lied about watching his show. It all sounded like pure ass kissing.

  • WaWaWaWHAT!

    Just looked at Kay’s bites, oh goodness that looked very painful and she got bit TWICE during the attack? Where the F was Kim? oh my…

    • RustyToddler

      My mom is 88. If a dog bit her like that, she wouldn’t have fared as well as Kay. Kay was lucky imo. Her instinct to turn her back made all the difference.

      • Very true. A dog as big as Kingsley could have easily overcame her and went for her jugular.

        • RustyToddler

          I’m sure Kim was screaming at the dog and trying to get him off Kay… BTW, did you see the scene w/Kingsley attacking the trainer? Is it my imagination or did he toss a training food treat to get Kingsley off him (after he kicked him)? I recall seeing Kingsley eating something off the floor and that’s what calmed him down. Or I have a vivid imagination,.

          • If Kim was screaming at Kingsley and he still managed to do that much damage speaks volumes of the owner. I vaguely recall the scene with the trainer. What I do recall is Kingsley attacking and the trainer kicking and moving his arms to calm Kingsley down. That dog is ginormous and very intimidating.

          • RustyToddler

            I’ll go back and look in slo mo. It was aired on the Phil show, making it much easier. I’ll report back. ;o)

          • Ok…let me know. I’m curious also.

          • RustyToddler

            Ugh… doesn’t show the whole thing on Dr Phil. I’ll need to look thru the reunions. Dang it.

          • RustyToddler

            Ok… reunion part 3. Dog attacks trainer, who kicks and looks to throw something toward the sofa. Dog backs off and looks to be sniffing/nosing by Kim’s feet by the sofa. So, nothing definitive, but it would make sense the trainer would have a treat in his hand when meeting the dog, throwing it might distract the animal.

          • That makes sense. Thanks for the explanation.

          • Bad Barbie

            This dog should have been put down 2 bites ago. I am sorry, I know people are avid animal lovers to the point that they can’t see that human safety comes first.

          • twifan2

            Kim should have never gotten that type of dog in the first place!

          • Bad Barbie

            I agree.

          • RustyToddler

            Conrad Hilton, her nephew gave her the dog because he couldn’t handle it…. Well played Conrad.

          • twifan2

            🙂
            I see just how much Conrad ‘loves’ his aunt. :/

          • Bad Barbie

            Kathy is setting Kim.

          • twifan2

            Starting to sound like a James Patterson plot! 🙂

          • Bad Barbie

            wow and he is another drunk

          • twifan2

            Drunk druggie! smh

          • RustyToddler

            The last pitbull my daughter/son in law had was a huge lapdog. They raised it from a pup. They had rehabbed the mom and chose to keep him. Unfortunately, he bit a nine year old. Didn’t break the skin, was more of a warning shot while on leash. My grand baby was 9 mos at the time. The boy’s parents rehabbed collies so they were not freaked out by the incident, but my son in law had the dog put down for the future safety of all, particularly their son. My daughter cried for a week, but knew it was the right decision. They have enough experience to know once a dog bites a human (not other dogs), the propensity to repeat the behavior increases exponentially. Still, it was very sad.

          • Rochelle Barozzi

            I agree. I adore my dogs like my kids. BUT if they attacked, I would have them put down.

          • Bad Barbie

            I mean, at this point this dog is unpredictable. I think even if I loved it to death, I can’t keep in and run the risk of it really hurting others. Imagine if that was Portia who Kingsley attacked? She is tiny.

      • WaWaWaWHAT!

        Your right!

      • Ilivehereandlikeit

        That’s actually good to read, that this might even save a life, (like mine!) if ever attacked by a dog intent on mauling. Turn your back if possible to them. I know roll up in a ball is one I’ve read, but turn and then roll up in a ball sounds better!

        • RustyToddler

          Definitely.

    • She was bitten down to the bone and her hand looked blue like she lost blood circulation.

      • WaWaWaWHAT!

        My goodness…I would have probably picked up a knife and been like…’it’s ON’ LOL

        • twifan2

          CUJO time! 😀

          • WaWaWaWHAT!

            LOL YES

          • twifan2

            Hi Hi WaWaWa! 🙂
            That dog/book scared the BeeJeezUs out of me!

          • WaWaWaWHAT!

            They actually played that movie right around Halloween last year, it’s funny how you watch things now and they don’t have the same effect…I feel asleep LOL

        • I’m sure after the harrowing experience she got as far away from Kingsley AND drunk ass Kim as possible. Poor lady.

      • Bad Barbie

        I swear, I would have called the cops, ASPCA, the tooth fairy and TMZ on sight.

        • Ilivehereandlikeit

          Hear hear!!!!!

        • RustyToddler

          lol… Kay has known Kim for years as Kay was a lifelong friend of Big Kathy, so I can understand her not wanting to cause Kim trouble… Remember, Kim told Kay she would lose her job if the bite came to light.

          • twifan2

            What job, Rusty?

          • RustyToddler

            Bravo

          • twifan2

            Bravo ‘lives’ for this sort of stuff. :/
            The more drama, the more Bravo sees $$$. smh

          • RustyToddler

            Bravo

          • Ilivehereandlikeit

            Wow, Kay kind of got bitten in the azzz for being a good friend then.

          • RustyToddler

            Pretty much.

          • Nancy Krystofik

            I think that she was throwing out the loss of her job, when she really was thinking she (Kim) would loose the dog. Dirty low-down thing to say to a victim of that vicious attack. That doesn’t even make sense, let Kay bleed to death because of her job, I never bought that. That wacko was concerned about the future of the dog.

      • lemon lime

        Ohy!

      • lemon lime

        Oh my!

  • carefreemama

    Who is the owner of record on the home Kim is living in? Does anyone know? Thanks

    • RustyToddler

      I don’t. That said, the owner of the home would not be held responsible. It is up to the renter to get insurance in California and I don’t know of any ins co that will add a rental ins rider for a dog.

  • Bad Barbie

    I can already hear her saying that it was Dr. Phil’s fault. That is was Chad’s fault for receiving the notice. That she had ONE, just ONE drink the minute that she read the court docs and she was not drunk but too drunk to understand it. Had she not been drunk, she would have replied… blah blah blah zzzzzzzzzzzzzzzzz

    • twifan2

      I think Dr Phil was correct in saying that glass was the size of a paint can. smh
      I’m waiting to see what spin Kathy puts out now.

      • Bad Barbie

        She drank the bottle…

        Another thing that stuck out to me…. why was there liquor at her daughters house? If you have a mother that is struggling with alcoholism and it is bad enough that she has to “work” around people drinking, the last thing I will have accessible is vodka.

        • RustyToddler

          You know who knows how much Kim drank before hitting the road? Brooke. Whether or not she was present (went to bed), it’s hard to miss liquor missing from a bottle in your own home. Just a thought.

  • Jennymckitty

    So, it sounds like she didn’t retain a lawyer. She had to know about the lawsuit. Everyone did. It was widely reported that Kay filed suit. Why didn’t good sister Kathy know she hadn’t responded..? You would think she would ask her about this.

  • twifan2

    In Kay’s lawsuit, it states
    ‘Defendant Richards begged Plaintiff not to call 911 and not to tell anyone about the attack.’
    Can Kim’s so-called sanity be brought into question before the judge?

    • WestCoastFeed

      That’s what I am asking. Is she in her right mind? Even when sober?

      • twifan2

        I would be willing to say she does have some brain impairment from drug usage. Her personality certainly is different in the first season(s) of RHBH & this last season.

        • Jennymckitty

          She’s entitled and thinks only of her immediate needs. She’s perpetually a teen. I believe that is when she started using and she stopped maturing emotionally.

          • RustyToddler

            You may be totally on point. Kim and arrested development may walk hand in hand.

          • twifan2

            No pun intended, RustyToddler? 😀

          • RustyToddler

            ;o)

  • lemon lime

    What an azz when sober,I understand the dog is important to you but he is a danger he could of seriously hurt someone(he started drinking)

  • Jennymckitty

    I’m trying to understand the time line. Chad was served the beginning of March and shortly thereafter was hospitalized d/z mental disease. So it could be argued that he wasn’t competent.

    • twifan2

      Kim could use that, Jennymckitty.

  • twifan2

    Stacy, at the bottom of the lawsuit there are these names:
    Michael R. White at white@whitereed.com and Will Parsons at WParsons@shackelfordlaw.net.
    Are these Kim’s lawyers?

    • Stacy Slotnick

      Possibly. White & Reed’s website is currently under construction and Will Parsons is a partner at Shackelford in the Nashville, TN office. Kay’s attorneys may have served the Application via electronic means upon Michael and Will as a courtesy if they knew these individuals represented Kim in other matters.

      • twifan2

        IF they aren’t her lawyers now, out of ‘professional courtesy’ wouldn’t they send her a copy of the Application via e-mail and/or postal?
        Kim would had been aware of the proceedings against her. But then again, this is Kim I speak of.
        .

        • Stacy Slotnick

          It would be appropriate if they are/were her lawyers to notify her of the Application and provide her with a copy even though she was served as the Certification of Service demonstrates. Assuming she is well aware of this Application, she should move quickly to file a Motion to Set Aside Entry of Default in the U.S. District Court for the Central District of
          California.

          She’ll have to prepare the following documents:
          1) Notice of Motion and Motion to Set Aside Entry of Default
          2) Memorandum of Points and Authorities in Support of Motion to Set Aside Entry of Default
          3) Defendant’s Declaration in Support of Motion to Set Aside Entry of Default
          4) (Proposed) Order
          5) Proof of Service by Mail.

          • twifan2

            Ok, in medical fields I know it’s referred to as ‘Patient Abandonment’.
            What would that be in in the legal profession? If those lawyers were her old lawyers & they didn’t forward documents to her. Just Filed 13 them.

            A lot of people would have their heads spinning at 1-5 above! I would most definitely be in need of a lawyer to guide me thru it. Kim would probably have a lawyer take care of them for her.

          • Stacy Slotnick

            The Plaintiff must serve the Defendant with an Application For Default Judgment Against the Defendant. Kay’s Certification of Service is evidence that she satisfied her service obligations. Whether her lawyer (assuming one of those individuals listed is actually her lawyer with regard to this litigation) forwarded the Application to her is immaterial since service was perfected upon mailing Kim (RRR) the Application. Should her lawyers send her any documents relating to litigation? Of course.

            Oftentimes, my client is served with motions and even though opposing counsel knows my firm represents the party they served because there has been other activity on the case, they still don’t send us a courtesy copy. Ah the loving environment of litigation. 🙂 She would probably benefit significantly from counsel helping her file her Motion to Set Aside Entry of Default. If she wants a decent chance of the court vacating the entry of default, a lawyer will understand the case law and be able to make the best arguments to buttress her arguments.

          • twifan2

            Kim most definitely needs a, some lawyer(s)!
            She’s in way over her head. I kind of feel pity toward her, but dang she’s an adult…

          • Stacy Slotnick

            I know. After viewing the Dr. Phil video, it is clear she needs help and has not been a model for sobriety but needing help and getting it are two very different things. It’s a sad, sad case and it is a pity Kay was harmed in the process.

          • twifan2

            Don’t forget her niece also was bitten.
            I think the Dr Phil interview is going to be a damaging factor for her.

          • Stacy Slotnick

            Yes but as far as what responsibility a lawyer has to forward legal documents to a client in an unrelated case, which is what this thread is about, remember, her niece has not initiated litigation. From a legal and PR standpoint, I agree with you that the Dr. Phil interview may be damaging.

        • Stacy Slotnick

          Why do you think she is shirking responsibility and ignoring this lawsuit?

          • twifan2

            Most definitely she’s ignoring this lawsuit. And any responsibility for things in her life.

  • Dani-K

    You are awesome, Stacy. Kim is like an older Lindsey Lohan. We’ll see if Kim stays in reham the entire time.

    • Stacy Slotnick

      I’m sending you virtual hugs, Dani-K. That’s a very astute analogy. I wonder if her judgment with Kingsley has been impaired by her substance abuse issues. Do you think rehab will work this time knowing she’s facing charges stemming from the Polo Lounge incident and this dog bite lawsuit?

      • Dani-K

        I’m hopeful that rehab will work this time, but I’m sure she’s already trying to find a way to get out early. Whatever the excuse du jour may be. As for Kingsley, I always felt that dog was way out of her depth but she wanted to rescue Kingsley because she could not rescue herself. Yes – I may be reading a lot into this analogy, but there were so many red flags with this particular pit bull. I am someone who is pro-rescue dogs, but I stick with breeds that are known to be gentle loyal like the goldens or labs. In any event, I hope she finds peace within.

        • Stacy Slotnick

          I think you make a highly persuasive argument that Kim rescued Kingsley (and still does not give up on him) because she failed at rescuing herself. It was beautifully stated and I bet there is a lot of psychological truth to your theory.

  • Idiotic_Perception

    “Ms Richards, do you swear to tell the truth, the whole truth, and nothing but the truth?”

    “I’ll tell the truth…and YOU won’t like it!”

    • twifan2

      ‘WAIT! What was the question?’

    • Stacy Slotnick

      Dr. Phil said he has never seen an alcoholic that reports things accurately. Provocative statement? True one?

      • twifan2

        Hope this makes some sense, Stacy.
        Could Kim try to use her substance abuse like in the ‘Twinkie’ defense?

        • Stacy Slotnick

          You always make sense, twitfan2!! What an ingenious catchphrase. As far as whether her substance abuse problems may support a defense to the dog bite claim, California is a strict liability state, meaning the defendant’s state of mind at the time the accident occurred is irrelevant. It doesn’t matter if Kim was so intoxicated that she mistakenly allowed Kay around Kingsley when if she were sober she wouldn’t have made that same decision.

          As to whether her substance abuse issues can serve as a ground for excusable neglect is a very interesting legal question for which there is no definitive answer. However, it will be tough to prove she didn’t answer the complaint because of her lack of sobriety when she was able to perform other functions. Great question!

          • twifan2

            Thank you Stacy. I know people who would severely disagree with ‘You always make sense’ 😀

            But Kim-imo-doesn’t actually seem to ‘function’ properly. She has lapses of normalcy. Then it’s like she’s grabbing for something in her head. Trying to remember something.

      • Dani-K

        True, but Dr. Phil was agitated because Kim kept him waiting…and then lied and said she’d been ready since 10:00am.

  • twifan2

    Thank you so much Stacy for answering questions & help sorting out some of Kim’s legal mess! 🙂

    • Stacy Slotnick

      You are more than welcome. I’m glad I could help and thank you for your questions, which most definitely serve as the catalyst to start the conversation about a variety of issues relating to the dog bite case. Have an excellent Friday!

  • Goo Goo G’Joob

    The former RoundAbout now reporting in. I picked up a “fan/stalker” on another site, so I did a name change. S/he didn’t follow me over here so I feel safe in revealing who I am.

    In regards to final settlement amount, I could see perhaps $200 to $250 k, but not the amount that Plaintiff is currently requesting. I also think Kim is too preoccupied with trying to get through rehab in order to look more presentable when she goes to court to answer to the charges from her arrest. I doubt she’s thought of Ms Rozario’s case and her need to respond.

    If there were to be any response from counsel for Kim, I would be willing to stake money on it being because Kathy & Rick decided to hire an attorney for her. There’s no one else left to float that type of loan to Kim. Monty’s money has played out, Kimberly’s father is secure but not filthy rich and the Davises have long ago written Kim off. First National Bank of Kyle & Mauricio shut the doors when Alexia was bitten.

    Now I remember what it was that had me so turned off on law school all those years ago…I don’t like torts!!! Don’t like family court either….but maybe if I’d had someone who broke it all down like you do, I would have viewed it differently! Thanks for the wonderfully written and educational blog!

    • Stacy Slotnick

      Goo Goo G’Joob: I am truly grateful to have received your stupendous compliments and comments this morning. I am so happy to hear the architecture and explanations in the piece were effective and understandable. Awesome!

      Thank you for giving us your impression of the case. I think you make great points about the amount Kay has demanded being inflated and you are right there is a good chance this lawsuit has not penetrated with Kim in the slightest. She probably hasn’t thought about the lawsuit judging by her silence (failure to file a responsive pleading like an answer or motion) since March 2, 2015.

      Happy to have you back and wishing you an brilliant Friday!

      • DoneWithBravo

        Nice job, Stacy. I used to work (as a paralegal) for a collection law firm for a few years. I’d draw up many, many Judgments and many Income Executions. That’s what happens when you don’t respond to the Judgment. As for Kim’s case, do we really know ALL of the medical details regarding this woman? Maybe she’ll need surgeries for the remainder of her life. Maybe this incident harmed her psychologically. The amount sounds a tad inflated, but not out of the question when there was a blatent disregard for the safety of everyone that came in contact with this wild dog.

  • TartLemon

    Thanks Stacy.

    • Stacy Slotnick

      You are most certainly welcome!

  • Nordlish

    “Miss Richards how do you plead?”
    “What for?”
    “Miss Richards.. Please do you plead Guilty or Not Guilty for the attack on Miss Kay by your dog Kingsley?”
    “Are you questioning my sobriety?!”

  • Nordlish

    Last i have heard Kingsley was taken by animal control the moment she left for Rehab

  • Elizabeth Fisher

    Stacy, are you still planning on a doing a valuation of Rozario’s claim against Kim?

  • DEXTER

    They should enter default and assess damages. Let her try to open the judgment after her bank account is attached and her paycheck garnished.