Seizure Case Butte County, PC 597.1 Nightmare!



IS THIS THE MOST CONVOLUTED CASE– APPEAL— EVER SEEN?  MAYBE. It wins our award of the year (2013, 2014, 2015, 2016!!) for the worst appeal ever written, if only because one cannot understand most of it, due to the way it was laid out.

Note: Attorney Deems on the appeal case is now a Judge in Butte County, a welcome addition (we are told) for defense bar in that County.


Ellen FRYE et al., Plaintiffs and Appellants, v. COUNTY OF BUTTE et al., Defendants and Appellants.

Ellen Frye et al., Plaintiffs and Appellants, v. Butte County Animal Control et al., Defendants and Respondents.


— November 27, 2013


If you can actually understand what happened, why, and how this was done, let us know.

We have never seen a Published Appeal like this anywhere in the world. In fact even the COURT says” The proceedings leading to the consolidated appeals now before us are convoluted.”

The Court is right. The only case probably worse than this one is the Susanville Horse Owner Seizure case that is in the same Court as this case (Third District Ct. of Appeals, Sacramento) where the banks kept swapping out bank parties from the front cover page, so Bank of America was named, then taken out, then put back in, then name was changed, then changed back, then party’s position was changed (servicer, creditor, non servicer, etc) multiple times and that isn’t all. So much changed, it would make your head spin.

This is what certain firms do when they want to win a case. They change words and they change stories, they make up facts, they misrepresent facts,  and they change whatever they want on the pleadings. Incredible but TRUE.

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2 thoughts on “Seizure Case Butte County, PC 597.1 Nightmare!

  1. PC Code 597.1 requires you to request a hearing within 10 days of seizure and you get a hearing within 48 hours or so. Make sure that you go into the hearing with a lawyer who understands animal abuse laws and due process and can take the case to court if necessary. Take a recorder with you because in some hearings the matter is not recorded. The “head” animal control/humane society officer, or an appointed administrative law judge is appointed to hear the matter. Bad facts like this case make for bad law which resulted in this case. Now there is a case on the books upholding the constitutionality of PC 597.1, which now makes my job harder.

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