kittenUnder California law, the general measure of damages for injury to personal property is based upon the actual diminution in value which results from the injury to the personal property.

For example, if an automobile is damaged in a collision, the amount of damages recoverable is limited to the loss in value of the vehicle and is not measured by the cost of repair. For that reason, it is typical that a vehicle with a low value will be totaled instead of repairing the vehicle when the cost of repair exceeds the value of the vehicle.

In the recent case of Kimes v. Grosser (2011) 195 Cal.App.4th 1556, a cat owner sued his neighbors for costs incurred after the neighbors allegedly shot and injured the cat. The cat, which was described as an adopted stray of very low economic value, required extensive medical treatment resulting in costs of approximately $36,000.00. The plaintiff sought to recover these costs from the neighbors, though the neighbors argued that their liability was limited to the amount by which the shooting reduced the cat’s fair market value.

The trial court granted the defendants’ motion at the outset of trial, limiting the measure of damages of the pet owner to the diminution in value of the cat, as opposed to the out of pocket medical expenses incurred in saving the cat. The plaintiff pet owner declined to proceed with the action, effectively conceding that the cat had no economic value that justified the expenses of the trial. As a result, the trial court entered a judgment of dismissal and the plaintiff appealed.

The Court of Appeal in Kimes reversed the judgment of dismissal, determining that the pet owner could recover the costs of care of the pet if the costs were found to be reasonable and necessary. While the court noted that pets are considered property of their owners, the court held that the general rule limiting recovery for damage to personal property to the diminution in value did not apply in a case where the property has no market value, citing Willard v. Valley Gas & Fuel Co. (1915) 171 Cal. 9. In Willard, the court held that where property has no market value, the general rule limiting recovery to the loss of that value cannot apply and the value of the property must be ascertained in some other “rational way”.

The court in Kimes concluded that the plaintiff was not seeking to recover an unsupportable amount of damages, but was instead seeking to present evidence of the costs incurred for the cat’s care and treatment by virtue of the shooting. As held by the court in Kimes, this was a “rational way” of demonstrating a measure of damages apart from the cat’s market value. The plaintiff was therefore entitled to have a jury determine whether the amounts that were expended for the cat’s care were reasonable. On their part, the defendants were left to argue that the actual costs incurred in medical expenses for the cat were unreasonable under the circumstances. The court in Kimes finally concluded that because pets are considered to be property of the owner, Civil Code section 3340 authorized the plaintiff to seek a recovery of punitive damages.

The lesson to be learned from the holding in Kimes is that even a stray cat may have significant economic value in a circumstance where substantial costs are incurred to save the cat. As a result, neighbors should think twice before opening fire on another neighbor’s annoying pet.

Incoming search terms:

avatar

About Michael G. Kerbs

Michael Kerbs joined Reid & Hellyer in 1987 and has spent the entirety of his 22-year legal career with the firm. A 15-year partner, he was nominated as president of the firm in 2009. Michael practices business and real estate litigation as well as writs and appeals. He is a graduate of the University of San Diego, obtaining his B.A. in 1984 and his J.D. in 1987, graduating magna cum laude after serving as an editor of the San Diego Law Review. He can be reached at mkerbs@rhlaw.com and via phone at (951) 682-1771.

6

Comments

  1. avatar
    Dave D

    All this does is teach people to have good aim. LOL

    Reply
  2. Yet another reason for people to fall back on the SSS Cat Management Program — Shoot, Shovel, & Shut-Up. That’s legal on every square foot of earth. It’s the only way we’ll be rid of this 150 MILLION feral-cat ecological disaster caused by these fools and morons.

    Reply
  3. avatar
    Laura

    Perhaps if the neighbor had killed the cat there would not have been damages to recover. The man left the animal injured and suffering. He should have paid for the care of the cat.

    Reply
  4. avatar
    Woodsman

    Laura, au-contraire. The criminally irresponsible pet-owner should be paying hefty fines and spending a long time in prison for letting a highly-destructive invasive-species animal roam free. They are, in effect, practicing biological warfare on their community and country by letting a cat roam free. Not only is the cat itself a dangerous biological agent harmful to the life and well-being of animals and humans, but so too are all the diseases that cats harbor and spread everywhere they roam. These are direct definitions of “biological warfare”. Giving a crate of anthrax to a terrorist would be safer than putting a cat in the hands of a criminally irresponsible care-taker. The terrorist may or may not use that dangerous biological agent, but the cat-owner will be sure to use their cat and its diseases to harm all in their environment. What is the punishment for these crimes against all of humanity and all of nature? Imprisonment for life without the possibility of parole? Hanged until dead? Can you afford that? You might have to one day.

    Reply
  5. avatar
    Connie

    Seriously!?!? Do none of you have compassion?? It is high time the law recognized the fact that these are living creatures and that they do have value to those that take care of them. I would not want any of you to represent me for any reason whatsoever with that attitude

    Reply
    • Connie- We are reporting on this case. We did not represent either side in the matter. I hope that clears things up. -RH

      Reply

 

Leave a Reply