A judge has cleared the way for trial of a woman’ lawsuit alleging that her horse was severely injured while it was leased to “New Girl” star Zooey Deschanel.
But the TV star’s lawyer denied the claim, saying there’s no evidence the horse was harmed.
Los Angeles Superior Court Judge Yvette Palazuelos heard arguments Tuesday before taking the case under submission and ruling in favor of plaintiff Patty Parker on Wednesday. Parker’s suit was filed in December 2014 and alleges breach of contract and negligence, naming the 37-year-old Deschanel and trainer Victoria LaCagnina as defendants.
Lawyers for Deschanel and LaCagnina had filed a motion to dismiss the case, claiming there were no triable issues.
The suit states that Parker’s horses, Literati and Anastasia, were put in LaCagnina’s care after the plaintiff’s daughters left home to go to college. Parker says she asked LaCagnina to try to sell Literati.
Deschanel, a client of LaCagnina, signed a lease/option agreement for Literati in July 2013, according to the plaintiff. Parker alleges Deschanel and LaCagnina worked Literati in dangerous conditions, overused him and entered him in too many horse shows, causing him to suffer a “serious suspensory injury.”
But Deschanel’s lawyer, Elaine Fresch, told Palazuelos there is no evidence Literati was hurt during the lease to the actress.
Parker’s attorney, David Gammill, said it should be left up to a jury to decide whether Literati was injured while leased to Deschanel, and the judge ultimately agreed.
Trial is scheduled for Nov. 27.
— City News Service