Berry

Filed 5/15/23 (unmodified opinion attached)

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

RYAN BERRY, A164168

Plaintiff and Appellant, (County and City of San Francisco Super. Ct. No. CGC20587086) v.

ORDER MODIFYING OPINION

JEFFERY R. FRAZIER, DVM,

AND DENYING REHEARING

Defendant and Respondent. NO CHANGE IN JUDGMENT

BY THE COURT:

It is ordered that the opinion filed on April 28, 2023, be modified as follows: On page 4, replace the first full paragraph with the following paragraph: Frazier and an assistant arrived at Berry’s home in the late afternoon. The euthanasia was to take place in the backyard, where Frazier and his assistant prepared the cat for the insertion of a catheter. During this initial attempt to sedate the cat, Frazier told Kraus and Berry, “ ‘Go over there,’ ’’ indicating they should move 30 feet away. They complied, and waited for Frazier to indicate when they could return. After a few moments, Frazier told them that he was unable to place the catheter even though he had tried to do so in all the

1 cat’s limbs. Berry…