Berry v. Frazier (2023)

April 28, 2023

Trial court's dismissal with prejudice of all but one claim, combined with plaintiff's voluntary dismissal of last claim, resulted in an appealable final judgment; Plaintiff pled sufficient facts to support several claims related to mistreatment of pet: fraud, conversion/trespass to chattels, intentional infliction of emotional distress; Civil Code §3340 does not provide independent cause of action, but instead offers exemplary damages for claims involving mistreatment of animals; Pleas for §3340 exemplary damages do not have to comply with procedural requirements for §3294 exemplary damages

Appeals & Writs
Tags: Appealability,
Civil Claims
Tags: Torts,
Courts & Hearings

Was this resource helpful?

Thanks for your feedback!