Purifoy

Purifoy v. Howell

Good Law
107 Cal. Rptr. 3d 213·183 Cal. App. 4th 166·2010 Cal. App. LEXIS 397
Court of Appeal of CaliforniaMarch 26, 2010A123856California8,299 words

Opinion

Opinion

Jenkins, J.

Food and Agricultural Code section 31108, subdivision (a) (section 31108(a)) provides that the required “holding period” for a stray dog impounded in a public or private animal shelter is “six business days” (or, if certain exceptions apply, “four business days”), not including the day of impoundment. (§ 31108(a).) Contra Costa County Animal Services (CCCAS) operates two animal shelters, both of which are open to the public Tuesday through Saturday for owner redemption and adoption of animals. CCCAS states that it counts those days as “business days” in calculating the holding period under section 31108(a).

Plaintiffs Veena Purifoy, Lorree Lewis, and Voices for Pets filed suit against defendants Contra Costa County (County) and Glenn Howell, the director of CCCAS, alleging that defendants violated section 31108(a) by counting Saturday as a “business day.” The trial court granted summary judgment in favor of defendants, and plaintiffs appealed.

We conclude that the term “business days” in section 31108(a) does not include Saturdays. Accordingly, we reverse the judgment and remand for further proceedings.

L SECTION 31108(a)

Section 31108(a) provides that the required…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.