Short take-away - Animal Control does not have discretion to refuse to release dogs to pre-approved animal rescue group
The Second Appellate District, Division Five, has held that under California statute the Los Angeles County Animal Control Dept. does not have the discretion to refuse to release a dog to an animal rescue group. (Santa Paul Animal Rescue v. County of Los Angeles (August 21, 2023) B318954.) Plaintiff animal rescue group wanted to adopt dogs which animal control defined as "unadoptable" due to behavioral problems. Plaintiff filed a Petition for a Writ of Mandate with the Los Angeles County Superior Court, and Judge James C. Chalfont entered an order of dismissal following a demurrer by the County.
Writing for the court, Justice Moor explained that while the County could decide who was an approved animal rescue organization, once they approved the organization they had no discretion to refuse to release a dog to it rather than proceed with euthanization. The Hayden Act, and, in particular, Food and Agriculture Code section 31108, et seq., provide for what it termed a "ministerial duty" to release a dog whether or not the dog has been determined to be adoptable.
Simply put, as long as the animal rescue organization has been approved by the County -- and the County does indeed have discretion in initially approving animal rescue organizations -- animal control has no discretion to refuse to release an animal to such an organization. The only exception is for animals who are "irremediably" suffering from illness or injury. This result comports with California public policy that all "adoptable" dogs be adopted.
