Petitioner, JILL BURNELL, petitions this Court for a writ of mandate pursuant to C.C.P. §I 085 and by this verified petition alleges as follows:
safely keep any animals where authorized under the provisions of [Chapter 8.04] or the laws of this state.”
this state for the prevention of cruelty to animals, or arresting or prosecuting
otfenders thereunder, or preventing cruelty to animals [and] .. , may perform those
actions in the absence of a contract with a city, city and county, or county.
joint or concerted action of the state and one or more local agencies” (Gov .. Code, § 11410.30, (c))
or “quasi-public entity”(§ 11410.60) subject to the adjudicative proceeding reqnirernents of the
California Administrative Procedures Act.
conduct hearings (pre-seizure or post seizure), “when the officer has reasonable grounds to
believe that very prompt action is required to protect the health or safety of the animal” if proper
notice is provided. In order to meet the minimal statutory requirements (themselves deficient)
(t)(l )(C), (g)(1)(C)).
without my consent or a warrant, and seized two horses, a stallion named Romantic Star and a
chestnut mare named Pokey. At that time, Sgt. Michelle Rogers served me with the NOTICE
SEIZURE OF ANIMAL(S) for the two horses that were seized and removed from my property
that day, a true and correct copy of which is attached as Exhibit A.
SEIZE ANIMAL(S) for a yearling named “Blaze”, a true and correct copy of which is attached
mares. Sgt. Michelle Rogers served me with a NOTICE SEIZURE OF ANIMAL(S) for the two
mares that were seized and removed from my property that day, a true and correct copy of which
is attached as Exhibit C. Respondent has seized four horses and has threatened to seize
or in distress due a failure to provide care. All of the horses are receiving and have been
receiving adequate care.
economic and reputational injury to Petitioner and her business, both direct and indirect. The
unwarranted seizures have resulted in negative press coverage and discussion forum postings
horse-related internet websites. Sgt. Michelle Rogers has posted negative and inaccurate
comments about Petitioner and the condition of the horses on a horse-related website using a
pseudonym notwithstanding Respondent’s ongoing investigation of Petitioner and her horse
breeding business. Petitioner has received multiple threats and fears for her personal safety and
the safety of the horses.
Respondent provide him copies of all writings concerning Petitioner, her horse breeding business,
the seized horses, the horses Respondent had identified for seizure from Petitioner, the subject
property, the standards and training for Respondent’s animal control field officers regarding
County and State of California requirements for horses related to proper food, drink and shelter,
the subject property, and training and standards for field officers regarding public comment on
ongoing investigations. Attached hereto as Exhibit F are true and correct copies of e-mail
Director of Animal Services.
Petitioner has no right to compel the disclosure of any evidence of any kind. See Exhibit E.
Respondent has not informed Petitioner of who will act as the hearing officer, whether Petitioner
will be allowed to present evidence or any information about the rules or procedures that will be
used to conduct the hearing.
notices attached as Exhibits A and C. Respondent scheduled an informal hearing for today,
January 8, 2013 at 1:00 p.m.
statute and the scheduled hearing fails to meet the requirements of California Administrative
Procedures Act or due process.
return the horses seized from Petitioner, directing Respondent to conduct a formal administrative
hearing that complies with the Government Code, to not enter upon Petitioner’s property without
court order or other appropriate legal process, to pay the costs of costs of suit herein, and for
such further relief as the Court deems proper.
California that the above is true and correct, and that this declaration is executed on January 8, 2013, at San Rafael, California.