California

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William v. Orange County Animal Control

Summary:

This involves a case where owners challenge validity of euthanasia order for "dangerous" dog. "Boo," a bullmastiff (large breed of dog), knocked down a child who had walked into his (the dog's) yard. The child accused dog of biting him. The Orange County Animal Control Department ordered that Boo be euthanized as a "vicious" and "dangerous" animal. The owners filed a Writ of Mandamus to delay the killing of the dog until their challenge could be heard in court.

VIVA! International Voice for Animals, et al v. Adidas Promotional Retail Operations, Inc., et al

Summary:

In this California case, plaintiffs sued defendants for injunctive and declaratory relief, claiming that defendants import the kangaroo leather in violation of section Penal Code section 653o—and thus are committing an unlawful business practice (Bus. & Prof. Code, § 17200 et seq.). Section 653o bans the import of products made from certain animals, including kangaroos into California. Defendants import and sell in California markets athletic shoes made from kangaroo leather. Defendants moved for summary judgment, arguing that section 653o is preempted by federal law under the doctrine of conflict preemption. The trial court agreed and granted the motion. The appellate court also agreed, finding that the statute as applied to defendants in this case conflicts with federal law and with substantial federal objectives of persuading Australian federal and state governments to impose kangaroo population management programs, in exchange for allowing the importation of kangaroo products. The accompanying regulations set forth a comprehensive national policy for the protection of endangered species such as the three kangaroo species involved in this case. Application of section 653o would stand as an obstacle to the accomplishment and execution of the objectives of Congress if applied to the defendants.

Sharon Shumate v. Cecile Mouraux, an individual; Jean-Pierre Mouraux, an individual; both doing business as Happy Pets Inn, and

Summary:

In this California case, the plaintiff sought damages after her companion, a nine-year-old purebred cocker spaniel, suffered terminal injuries after staying at a “dog spa.” The defendants marketed their pet boarding facility in the brochures given to plaintiff as one that would provide “personal care in a secure atmosphere.” After plaintiff’s dog spent a visit at defendants’ facility, she noticed that Daisy was behaving abnormally, crouching low to the ground and apparently cowering. Shortly thereafter, plaintiff then observed the dog whimpering in pain with bloody stools and a slow, lethargic demeanor. Upon bringing the dog in for a veterinary examination, the veterinarian determined that the dog had suffered multiple broken ribs. The dog later died and a necropsy revealed the dog had twelve broken ribs, a torn liver, and brain swelling caused by severe trauma. In a phone call to defendants, the defendants denied any wrongdoing saying that nothing could have happened to Daisy while at the Happy Pets Inn. Plaintiff’s causes of action focused on negligence claims, arguing that Daisy’s injuries could not have occurred without negligence by someone and that she was in the exclusive control of defendants when they occurred. (Plaintiff also raised a violation of business practices claim under California code.) What is significant about this complaint is that it raises a modified res ipsa loquitur argument in a bailment action. It also contends that an exculpatory waiver in such a business relationship was unlawful.

MICHAEL SEAGRAVE, plaintiff v. MICHAEL ATZET, and DOES 1-20 inclusive, defendant

Summary:

This California complaint arose from the shooting of plaintiff's golden retriever dog. Plaintiff's dog was secure in the backyard which was bordered by a fence. According to the complaint, defendant intentionally used a high-powered pellet rifle and shot the dog by positioning the rifle over or through the fence. This injury resulted in plaintiff's dog's death. The complaint raised three causes of action: (1) intentional infliction of emotional distress; (2) conversion; and (3) violation of California Civil Code of Procedure Section 3340 (related to damages to animals).

ERIC SANDLE, plaintiff v. JEFRI DAVIS, and DOES 1-20 inclusive, defendant

Summary:

This complaint arose from the intentional shooting of plaintiff's dog by defendant. Plaintiff was on his property pruning a tree when defendant shot plaintiff's dog, who was in the street at the time approximately three feet away from defendant. As a result of the shooting, plaintiff's dog is paralyzed in the back half of his body and suffers from bladder and bowel difficulties. Three causes of action were raised in the complaint: (1) intentional infliction of emotional distress; (2) conversion; and (3) violation of California Civil Code of Procedure Section 3340 (relating to damage to animals).

Richard B. Rappaport v. Max E. McElroy, D.V.M., Sherwood Veterinary Clinic, Inc. and Does 1 through 30, Inclusive

Summary:

In this California case, plaintiff sued a veterinarian for giving his exotic pet (a Serval cat), a flea treatment known to be toxic to cats. The veterinary malpractice action focused on defendant’s negligence in failing to exercise a reasonable level of knowledge and skill ordinarily possessed by others practicing veterinary medicine. In fact, plaintiff contended that it is well known in the field and indicated by the manufacturer of Spotton, that the drug should not be used on felines. Plaintiff prayed for damages in the amount of $25,000, which included lost wages, the commercial value of the cat, and loss of companionship, among other things.

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