Dedication and Everlasting Love to Animals v. Los Angeles Co., Dept. of Animal Care and Control

Filed 8/8/06 Dedication and Everlasting Love to Animals v. Los Angeles Co., Dept. of Animal Care and Control CA2/2

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

APPEAL from an order of the Superior Court of Los Angeles County. Victor H. Person, Judge. Affirmed.

Law Offices of William R. Hess and William R. Hess for Plaintiff and Appellant.

Raymond G. Fortner, Jr., County Counsel, Richard K. Mason, Assistant County Counsel, Diane C. Reagan, Deputy County Counsel, for Defendant and Respondent.

Appellant Dedication and Everlasting Love to Animals (Delta) sued the Los Angeles County, Department of Animal Care and Control (the Department) seeking declaratory relief and asserting abuse of process based on an alleged agreement with the Department that Delta was exempt from licensing requirements in operating its dog and cat rescue shelters. The Department's demurrer was sustained without leave to amend and an order of dismissal was filed. Because we agree that the alleged contract was illegal and therefore unenforceable, we affirm the order of dismissal.

FACTUAL AND PROCEDUARL BACKGROUND

Allegations of the First Amended Complaint^[1]

Delta is a nonprofit corporation dedicated to rescuing dogs and cats abandoned in wilderness areas of Southern California and providing them with lifetime care and shelter. From approximately 1985 to 1993, the Department annually inspected and licensed Delta's shelters. The Department has not issued any licenses to Delta since 1996.

Beginning in 1994, Delta and the Los Angeles County Board of Supervisors entered into negotiations to exempt Delta from Los Angeles County's licensing requirements. On or about January 1, 1998 Delta and the Department entered into â€