Tentative ruling on Apr. 25, 2022 in Contra Costa County, CA - Case no: xxxxx437

MSL22-00437
CASE NAME: MUNSON VS CONTRA COSTA COUNTY ANIMAL SERVICES
HEARING IN RE: PET'N FOR WRIT OF ADMINISTRATIVE MANDATE+THE COURT ON 3-7-2022 IN
TENTATIVE RULING+
*TENTATIVE RULING:*
Contra Costa County Animal Services filed a motion to recharacterize the appeal by Dawn
Munson as a petition for writ of administrative mandamus after a final order determining that
Ms. Munson possessed a dangerous dog. The County argues that the appeal must proceed
as a writ of mandamus according to the terms of the local ordinance; the dog owner argues
that the appeal can proceed as an appeal – with a hearing de novo – according to the terms
of the state statute. (Compare Contra Costa County Ordinance No. 2020-04, 416-18.406 (f)
(“A final order issued under this chapter may be appealed to the Superior Court in
accordance with Code of Civil Procedure § 1094.5.”) with Food & Agriculture Code § 31622
(“If the original hearing held pur….....