California

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Terrence Ing v. American Airlines, a corporation doing business in the State of California; and DOES 1 through 20, inclusive

Summary:

This California complaint arose from the death of plaintiff's dog while in American Airlines' care. The dog flew from New York to San Francisco in the cargo area. Upon arrival, the dog was alive, but in physical distress. Plaintiff raised eleven causes of action, including gross negligence, conversion, and intentional infliction of emotional distress, among others.

CALIFORNIA VETERINARY MEDICAL ASSOCIATION, Plaintiff & Respondent, v. City of West Hollywood, Defendant & Appellant

Summary:

This California action concerns the adoption of an ordinance in 2003 by the City of West Hollywood that prohibits the de-clawing of house cats. Amici Curiae Animal Legal Defense Fund ("ALDF" ), the Association of Veterinarians for Animal Rights (" A V AR" ), and the Paw Project submitted a brief to assist the Court in its determination of whether the ordinance at issue on this appeal legally prohibits non-therapeutic onychectomies (commonly known as " de-clawing") of domestic animals within the City of West Hollywood. The California Superior Court found that the Business and Professions Code section 460 preempts a municipal ordinance that attempts to regulate veterinarian procedures. The Amici contend that the CVMA examines only one section of the Code and disregards other sections that apply. Further, the amici find that the CVMA’s “. . . members have a pecuniary interest in performing the acts that the City has determined to be cruel.” On Friday, June 22, 2007, the Second District Court of Appeal in Los Angeles ruled 2-1 that a city can regulate the conduct of its professionals provided it does not prohibit procedures that state law expressly allows.

Anna Guha, Susan Mary Jackson, Christy Ann Morgan, Plaintiffs, v. Cloughery Packing LLC dba Farmer John; Corcpork, Inc., a Calif

Summary:

This case involves an action by plaintiffs, consumers who have eaten pork from defendant's company, against defendant pork-producers under California's anti-cruelty and unlawful business practices laws. Specifically, plaintiffs allege that defendant's use of gestation crates for pregnant sows is illegal under California Penal Code Section 597t (a section that requires anyone who keeps an animal confined in an enclosed area must provide it with an adequate exercise area). Thus, defendants' violation of 597t provides a predicate for violation under California's Business and Professions Code Section 17200, better known as the unlawful business or practice act. Further, plaintiffs contend that the Farmer John brand misleads reasonable consumers into believing that such pork products are produced in a humane fashion. Farmer John's parent company, Hormel Foods, states in its annual report that it has a "zero tolerance" for the inhumane treatment of animals.

CA - West Hollywood - Chapter 9.48 Animal Control Regulations.

Summary:

This comprises the City of West Hollywood, California's animal control ordinances. The animal control ordinances of Los Angeles County have been adopted by reference, prohibiting animal nuisances as well as the keeping of dangerous animals. The code also defines and outlines procedures for feral cats. Uniquely, West Hollywood has a ban on onychectomy (“declawing") of domestic cats unless done as a medically necessary procedure, as well as a ban on the sale of fur (with some exceptions). Further, subject to some exemptions, the city prohibits the retail sale of cats and dogs.

CA - Santa Cruz County - Santa Cruz County Code. Title 6. Animals.

Summary:

This comprises Santa Cruz County's animal-related ordinances. Santa Cruz County has a mandatory sterilization ordinance, which states that a dog or cat over the age of 6 months must be spayed or neutered unless such person holds an unaltered animal certification for the animal (excepting law enforcement dogs, service dogs, dogs or cats with health problems that prevent sterilization, herding dogs, or dogs or cats boarded in a business for training or resale). The code also has a section on feral cats, defined as felines that are wild by nature or no longer domesticated. It is unlawful for a person to intentionally provide food, water, or other forms of sustenance to a feral cat colony unless that person has registered with the county, and complies with the requirements (e.g., regularly trapping the cats for sterilization, testing trapped cats for feline leukemia, "ear tipping" for identification, rabies vaccination, and regularly feeding the colony even on holidays and weekends). Other provisions of note include a prohibition on "noisy animals" (one that habitually howls, yells, barks or makes other noise that unreasonably disturbs); a prohibition on the keeping of any "wild species" as defined by Section 2118 of the Cal. Fish & Game Code; and a leash/tether/grasp requirement when a dog is off its owner's premises.

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