Judge: Mark E. Windham, Case: 23STCP00038, Date: 2023-01-31 Tentative Ruling

Case Number: 23STCP00038    Hearing Date: January 31, 2023    Dept: 26

City of Burbank Animal Shelter v. Loera, et al.


PETITION TO DETERMINE IF DOG IS VICIOUS

(Cal. Food & Agric. Code § 31602 et seq.)

TENTATIVE RULING:

Petition of City of Burbank Animal Shelter to Declare Dog Vicious is CONTINUED TO FEBRUARY 28, 2023 AT 11:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. BY FEBRUARY 14, 2023, PETITIONER IS TO FILE PROOF OF SERVICE OF THE PETITION AND NOTICE OF THE NEW HEARING DATE IN ACCORDANCE WITH THE STATUTORY REQUIREMENTS. FAILURE TO DO SO MAY RESULT IN THE PETITION BEING DENIED.

ANALYSIS:

Petitioner City of Burbank Animal Shelter (“Petitioner”) filed the instant Petition to Declare Dog Vicious on October 10, 2022 against Respondent Beatriz Loera (“Respondent”). The Court initially set the Petition on May 12, 2023. At the Non-Appearance Case Review on January 18, 2023, the Court advanced the hearing date to January 31, 2023 and ordered Petitioner to give notice. (Minute Order, 01/18/23.) Petitioner filed a Notice of Ruling on January 19, 2023.

Discussion

Petitioner moves to declare a dog owned or kept by Respondent a vicious dog pursuant to Cal. Food & Agriculture Code section 31600, et seq. A hearing on such a petition must be held promptly within no less than five working days nor more than 10 working days after service of the Petition and notice upon the owner or keeper of the dog. (Cal. Food & Agric. Code, § 31621.) “The owner or keeper of the dog shall be served with notice of the hearing and a copy of the petition, either personally or by first-class mail with return receipt requested.” (Cal. Food & Agric. Code, § 31621.)

Petitioner has not demonstrated service of the Petition on Respondent, let alone service by personal delivery or first-class mail with return receipt requested. No proof of service of the Petition has been filed with the Court. Regarding notice of the hearing, Petitioner filed proof of service of the Notice of the Ruling that only shows service by overnight mail, which does not comply with the statutory requirements. Petitioner must demonstrate compliance with the service statute and the Court’s orders before the matter can be heard.

Therefore, the Petition is CONTINUED TO FEBRUARY 28, 2023 AT 11:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. BY FEBRUARY 14, 2023, PETITIONER IS TO FILE PROOF OF SERVICE OF THE PETITION AND NOTICE OF THE NEW HEARING DATE IN ACCORDANCE WITH THE STATUTORY REQUIREMENTS. FAILURE TO DO SO MAY RESULT IN THE PETITION BEING DENIED.