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Thomas v. Stenberg |
While driving his motorcycle down a private road that had easement access, the plaintiff was injured by a charging cow. Arguing the defendant had a duty to warn of the presence of an unconfined and inherently dangerous animal, the plaintiff brought a negligence and a premise liability suit against the defendant. Upon appeal, the court held that the plaintiff had failed to prove that the defendant was negligent and that the defendant was strictly liable for the cow's actions; the court, therefore, ruled in favor of the defendant.
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Theis v. Yuba County Sheriff's Department |
The Plaintiffs allege that their cat, named Pizza, was unlawfully euthanized at Yuba County Animal Care Services shelter in Olivehurst, California on or about February 9, 2018. Pizza went missing on or about February 9, 2018 and Plaintiffs found out later that same day that a neighbor had found the cat and brought it to the Yuba County animal shelter. The Plaintiffs attempted to contact the shelter, but it had already closed for the evening. The next morning around 9:30 a.m., the Plaintiffs arrived at the shelter and learned that Pizza had been euthanized as early as 5:00 p.m. the night before. Defendant Barnhill, the shelter’s supervising officer, informed the Plaintiff’s that Pizza had been injured, however, the neighbor who brought the cat to the shelter without knowing it was the Plaintiffs’ described Pizza as looking healthy. The Plaintiffs contend that Pizza’s euthanization falls within an ongoing pattern and practice of abuse and failure to follow state and federal law. Plaintiffs filed their original complaint on October 1, 2018. The Defendants removed the case to federal court. Plaintiff’s asserted four claims in their First Amended Complaint: (1) the failure to perform mandatory duties in violation of California Government Code section 815.6, (2) petition for a writ of mandate under California Code of Civil Procedure section 1085, (3) violation of the plaintiff’s Fourteenth Amendment substantive due process rights under 42 U.S.C. section 1983, (4) negligence under California common law. The Defendants moved to dismiss Plaintiff’s First Amended Complaint and alleged that the Plaintiff’s did not plead facts sufficient to show that Barnhill engaged in unlawful conduct or to establish a substantive or procedural due process violation. The Court, however, granted the Plaintiffs leave to amend their complaint as to the section 1983 claim. The Court declined to assert supplemental jurisdiction over the state law claims, which were the Plaintiff’s first, second, and fourth claims since the Plaintiff’s had conceded that their federal claim by requesting to amend their complaint. As a result, the Court reviewed remaining claims to determine whether they may be included in any amended complaint or whether leave to amend would be futile. The Court determined that granting Plaintiff’s leave to file a second amended complaint would not be futile on all of their claims except for the petition for writ of mandate claim. California’s Civil Procedure Code section 1085 does not apply to federal courts and, therefore, the Plaintiff’s leave to amend this claim would be futile. Ultimately, the Court ordered Plaintiff’s third cause of action for violations of their Fourteenth Amendment substantive and procedural due process rights be dismissed with leave to amend, the Plaintiff’s state law claims in their first, second, and fourth causes of action be dismissed with leave to amend to the extent consistent with the order, and denied the Defendant's motions to strike Plaintiffs' punitive damages claim. Plaintiffs were required to file a second amended complaint within 21 days of the date the order was filed if they wished to amend their complaint. |
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Terrence Ing v. American Airlines, a corporation doing business in the State of California; and DOES 1 through 20, inclusive |
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.
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Take Me Home Rescue v. Luri |
Defendant Luri appeals an injunction against her to return a foster dog that she failed to have spayed in accordance with an agreement between her and Take Me Home pet rescue organization. In finding that the trial court did not err in issuing the injunction, the court found that Take Me Home had a reasonable likelihood for success on the merits of its breach of contract claim because the original agreement was amended by a separate oral agreement that the dog would be spayed after recovering from a bout of mange. Further, in assessing the balance of harms, the court found that it favored Take Me Home. While Luri can either spay the dog or adopt a new one, the organization's "entire existence depends on its ability to place pets that it obtains from shelters in adoptive homes."
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Susan, Russell and Mary Phillips v. San Luis Obispo County Department of Animal Regulation |
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Shively v. Dye Creek Cattle Co. |
This California case concerned a personal injury action arising from a collision between the plaintiff's car and defendant's black Angus bull, which was lying on the highway at night. The trial court granted the defendant's motion for summary judgment. In reversing this decision, the Court of Appeal held that the open range law does not itself define the duty owners of cattle owe nor does it exempt them from the duty of ordinary care.
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Sharon Shumate v. Cecile Mouraux, an individual; Jean-Pierre Mouraux, an individual; both doing business as Happy Pets Inn, and |
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. |
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Scharer v. San Luis Rey Equine Hosp., Inc. |
Horse owner sued veterinarians and equine hospital for professional malpractice after horse was euthanized less than two months after surgery to remove horse’s ovaries. The Superior Court granted summary judgment for defendants based on the one-year statute of limitations. The Court of Appeal affirmed, holding that equitable tolling did not apply because plaintiff was not prevented from pursuing her claim in a timely manner by the defendants or the court. A provision in the Medical Injury Compensation Reform Act extending the statute of limitations by 90 days did not apply absent a claim for personal injury or wrongful death to a person.
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Santa Paula Animal Rescue Center, Inc. v. County of Los Angeles |
This case was brought by plaintiff-appellants, several no-kill animal shelters, against defendant-appellee the County of Los Angeles. Plaintiffs filed a petition for writ of mandate against defendant seeking to compel the release of impounded dogs scheduled for euthanasia to plaintiffs. The court sustained defendant’s demurrer without leave to amend, and this appeal followed. Plaintiffs argue on appeal that the Hayden Act imposes a duty on defendant to release the dogs scheduled for euthanasia to plaintiffs. First, the court asked whether defendant had discretion to refuse to release, and then to euthanize, a dog deemed to have behavioral problems when release has been requested by a non-profit animal adoption or rescue organization? Second, the court asked if defendant had discretion to determine and impose requirements for organizations that claim to be animal rescue or adoption organizations to qualify as such, beyond simply ensuring that the organizations are non-profits under section 501(c)(3) of the Internal Revenue Code? The court examined the relevant code, which stated that “any stray dog that is impounded pursuant to this division shall, before the euthanasia of that animal, be released to a nonprofit” and agreed with plaintiffs’ argument that the use of the word shall indicates that the legislature intended to impose a duty on defendant to release these dogs upon request to qualified nonprofit animal rescue or adoption agencies. The court also concluded that the demurrer was improperly granted as defendant lacked discretion to withhold and euthanize a dog based upon its determination that the animal has a behavioral problem or is not adoptable or treatable. The court agreed, however, that defendant had discretion to determine whether and how a non-profit organization qualifies as an animal adoption or rescue organization. The court reversed the judgment of the trial court, vacated the trial court’s order sustaining the demurrer without leave to amend, and remanded to the trial court. |
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Sample California Criminal Protection Order for Domestic Violence |
On January 1, 2009, this new protective order will be in effect in the State of California. This revised protective order includes Section 5, "For good cause shown, the court grants the protected persons named above the exclusive care, possession, and control of the following animals."
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