Legal Opinion
Phillips v. San Luis Obispo County Department of Animal Regulation
California Court of Appeal
Decided July 15, 1986No. B015913PublishedCited by 22 opinions
1Opinion of the Court
Opinion
GILBERT, J.
This is a death penalty case. We reverse. Missy, a female black Labrador, shall live, and “go out in the midday sun.”
Petitioners Susan, Russell and Mary Phillips appeal the judgment of the trial court denying their petition for a writ of mandamus. (Code Civ. Proc., § 1085.) We reverse the judgment and hold that an ordinance permitting the county to destroy a dog without a noticed hearing to the dog owner who requests one is constitutionally infirm.
We resist the temptation that grabbed hold of our colleagues who have written dog opinions, and will not try to dig up…
2Cases cited18 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Fuentes v. ShevinSupreme Court of the United States · 1972
- Coe v. Armour Fertilizer WorksSupreme Court of the United States · 1915
- Kash Enterprises, Inc. v. City of Los AngelesCalifornia Supreme Court · 1977
- Isbell v. County of SonomaCalifornia Supreme Court · 1978
13 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Pasadena Police Officers Assn. v. City of PasadenaCalifornia Supreme Court · 1990
- Traverso v. People Ex Rel. Department of TransportationCalifornia Supreme Court · 1993
- State v. ZimmermanMontana Supreme Court · 2010
- Wilson v. City of Laguna BeachCalifornia Court of Appeal · 1992
- Mansour v. King CountyCourt of Appeals of Washington · 2006
17 more not listed; retrieve them via the Exa API.