California Veterinary Medical Association v. City of West Hollywood

152 Cal. App. 4th 536, 61 Cal. Rptr. 3d 318 (2007)

From our private database of 45,900+ case briefs, written and edited by humans—never with AI.

California Veterinary Medical Association v. City of West Hollywood

California Court of Appeal
152 Cal. App. 4th 536, 61 Cal. Rptr. 3d 318 (2007)

Facts

In 2003, the City of West Hollywood (defendant) passed an ordinance prohibiting an individual from performing an animal-declawing procedure or from seeking a declawing procedure for his animal. The city passed the ordinance after concluding that declawing an animal was inhumane. The California Veterinary Medical Association (plaintiff) sued the city on the ground that the ordinance was preempted by the state’s Veterinary Medical Practice Act (veterinary act) and Section 460 of the Business and Professions Code. The veterinary act established the Veterinary Medical Board and regulated the practice and licensing of veterinary medicine. The California legislature specified that the veterinary act preempted all other cleanliness and sanitary requirements. Section 460 prohibited a city from passing an ordinance forbidding a licensed professional from engaging in his profession. In response to the declawing ordinance, the Department of Consumer Affairs, which regulated professional licensing within the state, issued an opinion that the ordinance was preempted by the veterinary act and Section 460. The trial court also concluded that the declawing ordinance was preempted, and it enjoined the city from enforcing the ordinance. The city appealed.

Rule of Law

Issue

Holding and Reasoning (Perluss, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 734,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 734,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 45,900 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 734,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 45,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership