Attorney Won Post Seizure Hearing in Hollywood, California!

It's true, attorney did win a post seizure hearing in Hollywood, CA when the seizure was done improperly.

Very few attorneys have ever accomplished this.  The Seizure Code for animals in California, is so poorly written, poorly updated, and convoluted, that even a seasoned Criminal law Specialist in Roseville had to ask attorney herein for help on the law in a different seizure case...

  The law under the CA Penal Code has been severely cobbled together and changed, year after year after year, and when reading this terribly written code, to be quite frank, it is actually not legal in more than one way. As in "as applied."  The reason for this is due to the statute which calls for a taking by the government, without a hearing.  In other words, it amounts to a forfeiture, like when a person is in possession of illegal contraband/or drugs--everything is forfeited. One cannot have a hearing on items that are actually illegal in the first place to own basically.

We have inside information that the people responsible for the law (an attorney in the Bay Area) had already told animal control that even though the law does not afford a "hearing", he recommended at his seminar on the subject, to give the accused a hearing anyway.  Obviously this means, this attorney knows his law is completely flawed, yet he has done nothing to change that law. That same attorney also appeared in Roseville and told Judge that it was the "Legislature's fault" because they passed the law. We call that-- nothing less than being an outright SCHMUCK. Wait until the law is actually challenged in Federal Court. It will have to be changed because it is obviously illegal.

We don't say that because we think we know everything, but because the law as written is simply illegal, we need a case usually, in order to have standing in Federal Court, to challenge it. There actually is such a case in Sacramento Eastern District on this issue, BUT the case is not premised on challenging the law itself, it is instead focused on other factors that happened in the case, and the moving party does not want to challenge the law for other reasons.

We can give out information on that case if you are interested, just call and ask 530 359 8810 and leave us a message. Very few attorneys are even aware of this case. We may write more about it later in 2020.

Oregon Defeats Law Prohibiting Sales of Purposely Bred Pups

https://animallaw.foxrothschild.com/2019/04/19/a-bill-that-would-have-prohibited-sales-of-purposely-bred-puppies-from-pet-shops-was-soundly-defeated-in-oregon/

https://animallaw.foxrothschild.com/2017/11/26/a-glimmer-of-hope-for-pet-stores-selling-professionally-bred-humanely-raised-puppies-for-dog-lovers/

We needn't rehash this yet again BUT---- puppies are born to be sold so people can own them.

 Most rescued animals do not have owners and thus rehoming them is what is done to get them homes. Calling the sale of an animal that is rehomed is in fact, a sale; if the selling entity is a non profit, the sold animal can be said to be rehomed and the expense of buying the animal could be considered a donation to the non profit.

 But because the word "sale" to activists means "buy"--and the word "rehomed" to activists means "not buying"--this is incorrect. Whether you pay cash or use a credit card, you are exchanging your money for the animal, period. Whether that animal is $5.00 or $5,000, and whether you are paying for the time or expense or rehab of said animal, you are still buying it; even the pound charges you to buy the animal, and it is not tax deductible in most cases because the county or city is not a tax exempt not for profit entity.

Even if a 501(c)(3) sells an animal and calls it an adoption fee, you are still exchanging money for property. The fact that the non profit says you can exempt the tax does not mean the animal was free, and the money you paid is added to the non profit's income which is generally not taxable.

  Non profits can in fact, and do, make A LOT OF PROFIT. That fact is highly misunderstood. A profit in a non profit entity is allowed 100%. It is the purpose of the entity that makes the entity tax exempt. Most hospitals are non profit entities and they are not broke; the HSUS is not broke; the ASPCA is not broke; the largest non profits in the world are usually flush.