Latest 2 Cases: People ex rel. Lacey v. Robles (Civil Procedure), People v. Adams (Civil Rights)

Should Animals Be Allowed to Sue?

SHERRY F. COLB

Cornell law professor Sherry F. Colb comments on case in which Animal Legal Defense Fund (ALDF) brought a civil damages suit on behalf of an abused horse, now named Justice, against the horse’s former owner. Colb dismantles three arguments critics raise in opposition to recognizing abused animals as plaintiffs in lawsuits such as this one.

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People ex rel. Lacey v. Robles

Docket: B290697(Second Appellate District)

Opinion Date: January 29, 2020

Judge: Baker

Areas of Law: Civil Procedure, Government & Administrative Law

The District Attorney sued defendant in quo warranto, contending that defendant was violating Government Code section 1099, which makes it unlawful to simultaneously hold incompatible public offices. In this case, defendant served simultaneously as a member of the board of directors of the Water Replenishment District of Southern California (WRD) and as mayor of Carson, California. The Court of Appeal held that the District Attorney properly initiated the quo warranto action under Code of Civil Procedure section 803. The court also held that defendant's dual offices were incompatible because they gave rise to a possibility of conflict in duties or loyalties and there was no law compelling or expressly authorizing him to hold both offices. Finally, the court held that the District Attorney was not required to reapply for leave to maintain the quo warranto suit; the order precluding defendant from deposing the District Attorney was not an abuse of discretion; and the trial court did not rely on evidence previously excluded as inadmissible.

People v. Adams

Docket: H045718(Sixth Appellate District)

Opinion Date: January 29, 2020

Judge: Adrienne M. Grover

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

Adams pleaded no contest to inflicting corporal injury and was placed on formal probation. Defense counsel argued Adams did not have the ability to pay fines or fees; he was homeless and did not have a job. The court did not impose a $330 restitution fund fine or a probation revocation fine but imposed $40 court operations and $30 court facilities funding assessments, a $129.75 criminal justice administration fee, and a $25-per-month probation fee. Later, Adams pleaded no contest in another case for failing to register as a sex offender. Adams again received formal probation. The court imposed a $300 restitution fine plus $30 for administrative costs (Pen. Code 1202.4(b)(1), (l)); imposed but suspended a $300 probation revocation fine (Pen. Code 1202.44); imposed $40 court operations (Pen. Code 1465.8) and $30 court facilities funding assessments (Gov. Code 70373) but did not impose the criminal justice administration fee based on inability to pay. Later, the court revoked probation in both cases and sentenced Adams to prison. The previously-suspended probation revocation fine was ordered to be paid; two $300 parole revocation fines were imposed but suspended. The court of appeal affirmed, rejecting an argument that the trial court violated Adams’s federal due process rights by imposing fines and fees without assessing his ability to pay. The court reasoned that the 2019 decision, People v. Dueñas, was wrongly decided and factually distinguishable.