Mendes

Animal Legal Defense Fund v. Mendes

Good Law
160 Cal. App. 4th 136·2008 Cal. App. LEXIS 229·72 Cal. Rptr. 3d 553
Court of Appeal of CaliforniaFebruary 15, 2008F052009California3,822 words

Opinion

Opinion

Vartabedian, J.

This is an appeal from judgment entered after the trial court sustained a demurrer, without leave to amend, to appellants’ complaint for declaratory and injunctive relief brought against respondent calf ranchers. Appellants assert causes of action for violation of Penal Code section 597t in confining animals without an “adequate exercise area,” and for commission of unfair business practices under Business and Professions Code section 17200 et seq. causing the consumer appellants “loss of money or property.” We find the trial court did not err; there is no private cause of action pursuant to Penal Code section 597t under the present circumstances, and none of the appellants have shown an ability to allege any facts of economic injury. Accordingly, we will affirm the judgment.

Facts and Procedural History

Appellant Animal Legal Defense Fund is a nonprofit corporation established to “protect the lives and interests of animals through the legal system,” as described in the complaint. Appellants Kristin Burford and Kristina Filipovich are California residents and consumers of retail dairy products. Because the issues concerning the corporate and individual appellants…

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