California

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Davis v. Gaschler


In this California case, plaintiff noticed two women in the process of assisting an injured dog, which was owned by defendants, while driving down the road. Plaintiff, an experienced dog breeder and handler, assisted the women and was bitten by plaintiff's dog. The dog had not been vaccinated for rabies, and plaintiff was required to undergo antirabies treatment. Plaintiff sought appeal of the lower court's granting of summary judgment for the defendant. The Court of Appeal reversed. It held that defendants had the burden to establish that this was a case of primary assumption of the risk-where, by virtue of the nature of the activity and the parties' relationship to the activity, defendants owed no legal duty to plaintiff. The court held that the complaint alleged facts sufficient to impose a duty on the part of defendants, based on allegations that they owned and negligently controlled the dog that bit plaintiff.
Davert v. Larson


On April 6, 1982, plaintiffs sued defendant Thomas Larson and others owned by defendant and others as tenants in common, for damages for negligence after plaintiffs' automobile collided with a horse.  On October 21, 1983, the trial court granted defendant's motion for summary judgment finding he owed no duty of care to plaintiffs as a landowner because his 1/2500th interest in the property was small and he exercised no control over the management of the property.  The Court of Appeal reversed

, holding that tenants in common of real property who delegate the control and management of the property to a separate legal entity should not be immunized from liability to third parties in the case of common area torts.  The Court found that it was clear that considerations of public policy require that any departure from the common law rule of liability of individual owners of property in common cannot operate to the substantial detriment of third parties. 
Danielson v. Cnty. of Humboldt Appellant Candis Danielson was seriously injured by dogs owned by Donald Mehrtens on his property. The injuries were so severe that she lost the lower half of her right leg and sustained damage to her other leg and hand. After Danielson was injured, Mehrtens surrendered both dogs to Humboldt County, which resulted in them being declared vicious and euthanized. Mehrtens was also barred from owning dogs for three years. She filed this action for damages against numerous parties, including Mehrtens and the County of Humboldt (Humboldt County or County). The County demurred. This appeal concerns solely the cause of action against the County for its alleged failure to perform a mandatory duty. This court first noted the record demonstrated Mehrtens had at least five different incidents over more than ten years that involved either an attack by his dogs or a report to animal control (including reports on biting, failure to license, and failure to vaccinate). When Dainelson was attacked by Mehrtens dogs in 2021, she argued that the County was liable for her injuries because it failed to perform mandatory duties imposed by the Humboldt County Code like impoundment and euthanasia of dogs that are unvaccinated, unlicensed, and dangerous. The County contended that there is no mandatory duty under the county code, to which the lower court agreed.This court found that the Government Claims Act provides immunity to public entities and employees for legislative action or discretionary law enforcement activity as opposed to mandatory duties. Here, the county ordinance did not impose a mandatory duty for the officer to petition for a hearing after one of Mehrtens' dogs had bitten a neighbor months earlier. In addition, the officer did not have a mandatory duty to impound the dogs due for licensing and rabies vaccination concerns. Finally, the dangerous dog ordinances also did not mandate seizing or impounding the dogs. Within the compulsory rabies vaccination code, the county did not impose a mandatory duty to impound unvaccinated dogs that had bitten someone. The use of the term "shall" in section 547-8 only applied after officer exercised his or her discretion in conducting an investigation. Similarly, the use of the term "shall" in two instances of the chapter on rabies vaccination did not create a mandatory duty because the decision of whether to impound a dog at all was discretionary. While the court "sympathize[d] with her desire to be compensated for her injuries," the failure to identify a law that created "a mandatory duty which was breached by the County" does not exist here. The lower court was affirmed.
Conway v. Pasadena Humane Society



This appeal presents the question of whether animal control officers can lawfully enter a home, absent a warrant or consent, to seize and impound the homeowner's dog for violation of a leash law. The court held that that the Fourth Amendment precludes such conduct, where

entry of home to seize dog was not justified by exigent circumstances.  Further, the statute and municipal ordinance permitting animal control officers to impound dog found on private property did not authorize seizure in violation of Fourth Amendment.
Concerned Dog Owners of California v. City of Los Angeles


Dog owners mounted a constitutional challenge to a Los Angeles municipal ordinance that required all dogs and cats within the city to be sterilized. The Court of Appeal held that the ordinance did not violate the owners’ freedom of association rights, free speech rights. or equal protection rights. The court held that it was not unconstitutionally vague, was not outside of the city's police powers, did not vest unfettered discretion in city officials, did not constitute an unconstitutional prior restraint or an unconstitutional taking. Finally, the law did not violate individual liberties under the California Constitution.
Colleen Harrington v. David Hovanec, and DOES 1 through 20 inclusive This California complaint for damages raises five causes of action: (1) gross negligence; (2) trespass to chattel; (3) conversion; (4) intentional infliction of emotional distress; and (5) violation of California Civil Code Section 3340 (related to damage to animals as property). The lawsuit arose from the negligent and/or intentional shooting of plaintiff's dog by defendant in May of 2004. According to the complaint, plaintiff's dog was shot at least thirteen times by defendant's two different guns.
Chee v. Amanda Goldt Property Management
Plaintiff, Lila Chee, a resident and owner of a condominium unit, appealed from a judgment entered in favor of all defendants on her complaint seeking damages for personal injuries she suffered when a dog belonging to Olga Kiymaz, a tenant of another unit in the same complex, jumped on Chee. In affirming the lower court's award of summary judgment, this court held that the landlord had no duty in absence of landlord's actual knowledge of dog's dangerous propensities. Further, the landlord was not liable to owner for nuisance. Finally, the condominium covenants, conditions, and restrictions (CC&R's) did not impose vicarious liability on landlord.
CALIFORNIA VETERINARY MEDICAL ASSOCIATION, Plaintiff & Respondent, v. City of West Hollywood, Defendant & Appellant 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.
California Veterinary Medical Ass'n v. City of West Hollywood This California case centers on an anti-cat declawing ordinance passed by the city of West Hollywood in 2003. On cross-motions for summary judgment the trial court concluded West Hollywood's anti-declawing ordinance was preempted by section 460 and entered judgment in favor of the CVMA, declaring the ordinance invalid and enjoining further enforcement. On appeal, however, this Court reversed, finding section 460 of the veterinary code does not preempt the ordinance. Although section 460 prohibits local legislation imposing separate and additional licensing requirements or other qualifications on individuals holding state licenses issued by agencies of the Department of Consumer Affairs (DCA), it does not preclude otherwise valid local regulation of the manner in which a business or profession is performed.
CA - Zoo - § 602.13. Entering animal enclosure at zoo, circus, or traveling animal exhibit; punishment; exceptions; other prosec This law makes it an infraction for a person to enter into an animal enclosure at a zoo, circus, or traveling animal exhibit if that facility is licensed or permitted to display animals and if it posts signs prohibiting entrance into the animal enclosures.

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