California Court of Appeal

Animal Legal Defense Fund v. Mendes, F052009

Sustaining of demurrer to complaint brought against defendant-calf ranchers for violation of Penal Code section 597t in confining animals without an "adequate exercise area," and commission of unfair business practices, is affirmed where: 1) the trial court did not err as there is no private cause of action under Penal Code section 597t under the present circumstances; and 2) plaintiffs have not shown an ability to allege any facts of economic injury.

Appellate Information

• Decided 02/15/2008
• Published 02/15/2008

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• DLA Piper US,Kathryn E. Karcher, Julie L. Schwartz, Heather N. Stone, San Diego, and Bruce A. Wagman, San Francisco, for Plaintiffs and Appellants.


• For Appellees:
  
• Sagaser, Jones & Helsley, Howard A. Sagaser, Fresno, and David W. Burnett, for Defendants and Respondents.