Leider v. Lewis

2 Cal.5th 1121 (2017)

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Nature of the Case

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Facts

Robert Culp and Aaron Leider (Ps) filed a complaint against the City of Los Angeles and the director of the Los Angeles Zoo, John Lewis (Ds). Ps alleged the zoo was violating Penal Code section 596.5 by abusing its elephants. Robert Culp and Aaron Leider (Ps) filed a complaint against the City of Los Angeles and the director of the Los Angeles Zoo, John Lewis (Ds). Ps alleged the zoo was Ps' theory was that D' criminal mistreatment of the animals amounted to an illegal and wasteful expenditure of public funds. The trial court granted summary judgment to Ds. It ruled that the claims presented were not justiciable in a taxpayer action, and should be left for public officials or voters to resolve. The Court of Appeal reversed. P filed an amended complaint, again seeking injunctive and declaratory relief under Code of Civil Procedure section 526a. P added claims of cruelty and neglect under Penal Code sections 597 and 597.1. Ds demurred, relying on Civil Code section 3369 for the proposition that equity will not enjoin a Penal Code violation. The trial court overruled the demurrer. The court issued injunctions prohibiting D from using bullhooks or electric shock on zoo elephants and requiring it to exercise the elephants and rototill their enclosure regularly. Ds appealed, and a divided Court of Appeal affirmed. The majority held that (1) law of the case barred the section 3369 defense, and (2) the Legislature had authorized taxpayer actions aimed at enjoining government expenditures that support criminal conduct. The dissent opined that the principle that equity will not intervene to restrain criminal activity without specific statutory authorization is a long-established one. This appeal resulted.