Luri

Take Me Home Rescue v. Luri

Good Law
146 Cal. Rptr. 3d 461·2012 Cal. App. LEXIS 929·208 Cal. App. 4th 1342·2012 WL 3727604
Court of Appeal of CaliforniaAugust 29, 2012No. B229486California3,699 words

Opinion

Lead Opinion

Johnson, J.

Defendant Erika Luri appeals from an injunction requiring her to return a rescue dog, for which she was providing foster care, to a rescue organization because Luri failed to have the dog spayed. Luri contends that (1) the written foster care agreement did not require her to have the dog spayed and (2) Los Angeles Municipal Code section 53.15.2, subdivision (b)(2)(B) grants her an exemption from the spaying requirement of Food and Agriculture Code section 30503, subdivision (a) that requires shelters to spay dogs before putting them up for adoption. We affirm.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

1. Factual Background

Take Me Home Rescue is a nonprofit organization composed of volunteers that partners with local animal shelters to adopt animals, provide them with food and veterinary care, and find them permanent homes. The spaying and neutering of such shelter animals is part of Take Me Home’s mission to *1346 reduce the pet overpopulation problem, and is required by Food and Agriculture Code section 30503, subdivision (a)(1).

On July 6, 2009, Take Me Home adopted a deaf white-and-black female boxer dog from the Orange County Animal Care services. The dog was…

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