Burnell

I. BACKGROUND

A. The Seizures MHS is a private nonprofit organization that has been designated as the animal services agency and provider of animal control services for Marin County. It is charged with enforcing animal cruelty laws in Marin County, including state laws relating to the “care, treatment and impounding of animals.” (Marin Muni. Code, §§ 8.04.110, 8.04.120, subds. (a)–(c).) California Penal Code1 section 597.1 requires MHS “immediately [to] seize [an] animal” when it “has reasonable grounds to believe that very prompt action is required to protect the health or safety of the animal.” (§ 597.1, subd. (a)(1).) Burnell is an experienced owner and breeder of sport horses. In October 2012, Burnell acquired a 35-acre parcel in an unincorporated area of Marin County where she keeps horses as part of her business. Michelle Rogers, a field services sergeant with MHS, was informed by a friend of hers in October 2012 that Burnell was moving her business to Marin County. Rogers’s friend had previous contact with Burnell due to complaints concerning the welfare of her animals at her previous location in Sonoma County. Rogers read numerous postings critical of Burnell’s treatment…