Jett v. Municipal Court

177 Cal. App. 3d 664, 223 Cal. Rptr. 111 (1986)

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Jett v. Municipal Court

California Court of Appeal
177 Cal. App. 3d 664, 223 Cal. Rptr. 111 (1986)

Facts

Jean Jett (plaintiff) owned a 50-year-old tortoise, Rocky, for 18 years. Rocky lived in a habitat within a petting zoo owned by Jett. After receiving complaints that Jett was subjecting Rocky to neglect and animal cruelty, the San Diego Humane Society investigated the animal’s living conditions. Upon arrival at the petting zoo, the Humane Society found Rocky with various health issues that indicated poor care. The People of California (the People) charged Jett under Penal Code §§ 597(b) and 597f for subjecting an animal to needless suffering and permitting an animal to be on a street or lot without proper care or attention, respectively. A jury convicted Jett of the charges. Pursuant to § 597f, the Humane Society took ownership of Rocky and maintained a lien for his care. Jett petitioned for the return of Rocky. The trial court (defendant) denied the petition and expressly reserved the Humane Society’s lien. Jett instituted a civil action appealing the trial court’s order. The People argued in support of the trial court’s order, stating that § 599aa authorized the forfeiture of Rocky. In the alternative, the People argued that the forfeiture is akin to parental rights being terminated when the best interest of the child warrants such.

Rule of Law

Issue

Holding and Reasoning (Butler, J.)

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