The plaintiff, Xiaowei Fan, sought summary judgment in a negligence and fraudulent misrepresentation action arising from the death of his dog, Lulu, after boarding at Cute Pet Resort Inc. The court found that there were genuine issues requiring a trial, including causation, standard of care, and the effect of contractual limitation of liability.
The court also noted unresolved factual disputes regarding the alleged misrepresentation and the adequacy of water provided to the dog.
The motion for summary judgment was dismissed, as was the counterclaim, due to the risk of inconsistent findings.
