A pet store in National City will be forced under a court order to stop selling dogs pending the outcome of a lawsuit that alleges the store offers commercially bred puppies in violation of state law, a claim the store rejects.
The preliminary injunction against National City Puppy, issued at the end of an hourslong hearing in San Diego Superior Court on Monday, will take effect Friday unless the store gets an appeals court to intervene — an unlikely step, according to a defense lawyer.
In issuing the temporary order, Judge Eddie Sturgeon agreed — at least in part and for now — with arguments made by the lawyer representing the animal-rights groups that sued the pet store.
The lawyer, Bryan Pease, had argued that the setup between National City Puppy and the rescue group it obtains dogs from, Pet Connect Rescue Inc., violates state law, which requires stores to partner with rescue groups that have an agreement with a public or private shelter pursuant to the state’s Food and Agricultural Code.
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Pet Connect Rescue, a nonprofit based in Joplin, Mo., has an agreement with a shelter in Mexico, but Pease argued that the shelter is outside the jurisdiction of the Food and Agricultural Code.
George Najjar, the lawyer representing National City Puppy and owner David Salinas, argued that the shelters that rescue groups partner with are not required to be based in the U.S. In court documents, Pet Connect said the agreement with the Mexican shelter is valid under California, Missouri and federal law.
Filed Dec. 9, the lawsuit brought by the Animal Protection and Rescue League, Inc. and Not One Animal Harmed takes aim at what it describes as “laundering” of commercially bred puppies advertised as “rescues” that end up at stores including National City Puppy by way of Pet Connect Rescue.
Defendants and Najjar in court have said plaintiffs have not shown evidence to support the claims that the dogs are bred at so-called “puppy mills.” In a deceleration filed in court Dec. 19, Pet Connect Rescue representatives said the nonprofit does not breed dogs or obtain dogs from “puppy mills.”
2020-01-07 01:32:03Z
https://www.sandiegouniontribune.com/communities/south-county/story/2020-01-06/judge-orders-national-city-pet-store-to-stop-selling-dogs
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