South Lake Tahoe, CA asked in Contracts and Animal / Dog Law for California

Q: Colorado cat breeder sold me a sick 3 month old cat for breeding. Kitten hospitalized. Various viruses and infections.

Tests confirmed Coronavirus, Calicivirus, Mycoplasma. Calicivirus is life term. No treatment. Kitten hospitalized 2 weeks. Breeder fails to comply with contract. Breeder fails to respond to requests for tests performed on parents of kitten, Breeder is not registered in Colorado. Kitten is Maine Coon cat. Registered in 2 international breeding Associations. Kitten price $4,000.

Requesting legal assistance for Veterinarian costs, future Veterinary costs, loss of breeding - future litters, mental anguish, failure to register Cattery pursuant to Colorado Regulations, transmitting diseases/infections to litters, etc.

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Animal & Dog Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: If you believe that the cat breeder has breached the terms of your contract and/or caused you financial losses, you may have grounds for legal action against them. Here are some steps you can take:

Gather all documentation and evidence related to the purchase of the kitten, including any contracts, receipts, veterinary bills, and test results.

Contact an attorney who specializes in consumer law and/or pet law. They can help you evaluate your case and determine the best course of action.

Consider filing a complaint with the Colorado Department of Agriculture. They are responsible for regulating pet breeders in the state and may be able to investigate the breeder's practices.

Consider filing a lawsuit against the breeder to seek compensation for your losses. This can include veterinary costs, loss of breeding potential, and other damages.

Consult with a veterinarian to assess the kitten's condition and determine the long-term prognosis for its health. This information can help you assess the damages you may be able to seek in a legal action.

Here are some California legal statutes that may be relevant to your situation:

California Health and Safety Code Section 122045: This section outlines the requirements for commercial breeders and the conditions that must be met for them to operate legally in California. It also establishes certain protections for consumers who purchase animals from breeders.

California Business and Professions Code Section 17200: This section governs unfair business practices in California. It provides a broad definition of unfair competition and allows for legal action to be taken against individuals and businesses who engage in such practices.

California Civil Code Section 1794: This section governs the warranties that are made by sellers of goods, including pets. It outlines the conditions that must be met for a warranty to be valid and provides remedies for consumers who are sold defective goods.

California Penal Code Section 597: This section outlines the requirements for the humane treatment of animals in California. It establishes criminal penalties for individuals who mistreat animals and provides some protections for animals in commercial breeding operations.

You can find these statutes and others by visiting the official California Legislative Information website at: https://leginfo.legislature.ca.gov/

It's important to act quickly, as there may be deadlines for filing complaints and lawsuits related to pet purchases. Consulting with an attorney can help to ensure that your rights are protected and that you take the necessary steps to seek justice.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.