Kane v. County of San Diego

Opinion

BROWN (Gerald), P. J.

Plaintiff sued San Diego County in negligence and conversion for destroying his interest in 28 greyhounds at the county’s Vista Animal Shelter October 29, 1963. Plaintiff’s appraiser .testified the dogs’ value was $8,750. The county’s appraiser’s minimum value was $2,960. The judgment, following jury trial, favored plaintiff in the sum of $3,365 with interest at 7 percent from October 29, 1963, to date of judgment August 30, 1967.

We will, as required, assume the existence of every fact in-, support of the judgment, on either or both causes of action, that can reasonably be deduced from the evidence

(People

v.

Bard,

70 Cal.2d 3, 4 [73 Cal.Rptr. 547, 447 P.2d 939]).

Plaintiff leased 28 greyhound dogs to Ruby Lilley of Ramona, California, October 19, 1963. Nine days later, October 28, Mrs. Lilley mailed a letter to Mr. Kane in Colorado, stating they were taking the dogs to the Vista Animal Shelter October 29, and the shelter would hold them three days. Mr. Kane received the letter October 30. On October 29, 1963, Ruby’s husband, Benjamin, delivered the dogs to the shelter, telling the attendant he did not own the dogs but had had their possession, and asked the shelter to take the dogs. The shelter destroyed all the dogs that same day.

The defendant unmeritoriously contends it could destroy the dogs immediately; it need delay destruction only where a dog’s owner is unknown. California state law controls the situation. Agricultural Code section 439.26, in effect October 29, 1963 (now Agr. Code, §§ 31107, 31108) required the county to wait 72 hours; if the owner is known he must be given notice. The court properly instructed the jury on the 72-hour hold requirement.

Under the cause of action for conversion plaintiff was entitled to interest from the date of the dogs’ destruction, October 29, 1963 (Civ. Code, § 3336;

Crofoot Lbr., Inc.

v.

Ford,

191 Cal.App.2d 238, 248 [12

[553]