I BobertCWeoms(CASBNJ48ll:A 2 =fi:~gSBNt aO)

769 Cater Blvd, PMB 38 3 Fairfax. CA 94930

Ph: 415.881.7653 4 Px: 866.610.1430 .

' ~WNill8lawoiJJCI18.t:D1ll

6 Attomeya for PLAINTlPP JJLLBURNBLL

7

FEB 2 0 2ui3 KIM TURNtR Court Executive Officer

MARIN COU~TY St;PERIOR COL"RT By: J. Dale, Depury

8

' 10

MAlUN COUNTY SUPBIUO:il COUB.T JILL BURNELL,

ll. v.

14

IS

PlaiDtiff aud R.eal Paiw in Interest aa the usipee ofRONDA STAVJSKY,

16·------------------------~

Caso No. CIV 1300S26

[Related Case: CIV 1300012]

PIRST AMENDED COMPLAJNT NAMING RBALPABlYlNINTBRBST AS ASSIGNEE OP llONDA STAVJSKY PORDAMAGBSAND DBCLAltATORY RBLIBP· RB CONVERSION OP. VALUABLBBRBBDJNG ~ AND DEMAND POR JURY TRIAL

CMC: JUne 28, 2013, 8:30a.m.

17 INTI.ODUCTION

18 On December 27, 2012, the Marin Humane Society wrongfblly seized a warmblood lneding

19 staDiOD.DIDledRoDifllltic Star fiomits local keeper, Jill BurneD at.Chil8Jl0 Valley Road in Marin

20 County, Califbmia. The Society did so without justification. The Soniety falsely claimed that the

11 horae was seriously iDJured requiriug emergency care for bloken boues and for malmddlfon and

22 that its ke8J'81' and owner wereuawlJUDg and unable to care for it. In fact, the horse WBB OD1y

23 very muddy and bmised as a result of a staUion tight. The Society thereafter reftued to release

24 that sta1Uon to its lawfUI_ovlner. The owner demonstrated tO the S~iety her ownerabfp 8I1CI

25 abBey to povide necessary care for her stallion at her breeding facility in Gecqia to the Socieay

26 prior to fi1iDg this Complaint. The Society reftlsed her demBJld, Thereafter, the sale agreement

27 was rescinded. By this first amended complaint, 1111 BomeJl proCeeds as plaintiff aDd m1 party

28 in interest p111'8118Dt tO a lawfulassipment which was part of the cODSideration suppo11iDsthe

1 AiDW eompiiiDi · ·. · .. . dv. Action No. Ctv 1300326

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~·

J rescfssion of the original sales agreement.

2 On December 27, 2012, the Society Interfered with PLA.lNTJFF•s direction to k 3 veteriuadan to m1111ftge ~care ofR.omantic Star, or to ucertain hia true eoudidon on the date ot 4 sefzum up to llld precludiug her eft'ort to have the stalHon removed ·to the LarpAnfmal CJiDic

5 tor evaluation. Since December 27, 2012, the SocleiJ has eDpged in and promoted

6 UDplivilesed slander of tide (and reputatl~) ofPLAINTIF.P, :1nterfer8d with her btee4tna 7 coatmcta, prevented her enjoymont of any prlvUege of ownership includiDg fofonnation about,

8 posseaaion aild mmagement ofR.omantio Sf£ The Society conducted uncoDHDted tO ami

9 irdrusive teatiDs ofR.omantlc Star at least between December 27, 2012 and 181l1181'1 24,2013.

10 The Soofety'a uuprlvileged CODduct bas caused PLAINTIFP harm in her perso:nal aud

11 professlcmal reputaticm, and has subjected her to an oDSlaught ofuawarranted verba18Dd

12 emotlonal abuse by strangers, poteJdial and foJmer cHents, arid accPwntances. as weD as aa111ing

13 her slpifioaat fimmcial damage and damage to her horse breeding business iD an 8DJOUIItDOt

14 las tbaa $100,000, but which win be demonstrated by proof at triaL

IS PARTmS

16 1. PLAINTIPP JILL BURNELL ("PLAINTIFF-ASSIONBB" or "BurneD") owas

17 property mMarlD Count¥, Califomia. She keeps valuable h0138 breeding stock oa tllatpJOJJerty ~

18 and Is the primary caretaker ofthoso auimals. On or before Feb1118IY 17, 2013, as i\uther and

19 addltiollll CODSlderalion for the cancellation of the purchase aad sale agreement for the slalliOD

20 knowa as Romantic Star, former Plabditl; Dr. Ronda Stavisky ("PLAINTIPPJ' or "ASSIGNOR"

21 or "Dr. StavJsky", irrevocably assiped, conveyed, sold, granted ind 1raDifmred aU dgbttitle and

22 Jmerest in any and all pas~ present and tbture rights to payment, d8Jil8Dds, claims, and causes of

23 actiou. whether known or UDknown. arising out ot coJlllected with, or otherwise stem• in any

24 way fi'om the acts or statements of the Marin Humane Society or in any way reJated to the horse

2S Jlmmmtic Star, includina but not limited to each and every claim stated in this lawsuit. Prior to

26 the revocation and assipment of claims, Ms. Burnell was also Romantic Star,s keeper at her

27 Maria. C011111y property.

28 2. DEFENDANT MARIN HUMANE SOCJBTY ("DEPBNDAN'r' or "the Sool.., iB

2 nnea coillPliiDi . . . ~ ·.·. dv. Action No. CiV 1300S26

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1 a private ~a re~red SOI(c) (3) non·profit mpnizatioD, incmpo.rated in the Stata of

2 Califbmia with its principal place ofbusinass located in Novato, Caliromia. 'Dle Society took

3 posBOAion ofRo~c Star ·within Mario County on December.27, 2012 ~ tile proped:y

4 owned by PLAINTJPFASSIGNBB. IIi. addition, at all times relevant herein is independently

$ empowered by the State ofCalifomia, in the County located to

6 ••• enter into a coDtract ••• with the county ••• to eutbrce the provisions oflawa of t1da state for the P!OVention of cruelty to aufmal~ or~ or J'IOS8ClttiDB oft"endera thennmder, or prevODiiDg CNelty to anim:JIIIId) ... may perfbnn tllll8e aotiODJin the absODCe or a comract with a oity, city county, or coUDty.

7

8

9 (Califomia COJpOrations Code§ 14501). DEPENDANT has beeii desfpated as "the anfmaJ

services agency for [Marin] OOlUlty," charged with administering tba.pmvJsions of the MariD 10

Muuicipal Code Chapter 8.04-Aaimil Control- and 11

12

13

14

the Jaws of the state o(Califomia rela~ to the care, treatment and~ of smjmaJs, and specifically to issue citatiODS and to make meats for violations of ~ ~visiODS of this chapter audrolated state laws" and "take~ ~ aud safely keep ant animals where authorized under the provisions of[Ciiapter 8.04] or th81aWs of this state.,

15 (Marin Mmd. Code §§ 8.04.110; 8.04.120 (b) and (c).)

16 Further to ajofnt powerS agreemeut, the Marin Humane Society exerciSes that autholity • an

17 imlepeudent contractor to 8nd not an agency of tho CotJnt.y of Maria.

18 3. PLAINTlFP does not Imow the true uames ofDBPBNDANT DOE 1 tbmugb 25, . .

19 inclusive. 111erefore, PLAINTIPF sues these DBFBNDANTS by those fictitious names.

20 PLAlNTIPP is iDformed and believes aDd on that basis alleges that one or more ofthe DOB

2.1 DBPBNDANTS at all times mentioned .in this complaint, may be tho agents and/or employees of

22 ODe or mom ofthefr co.defendants. To the extent that persons aud tmtities now knoWD to

23 PLAINTJPP were doing the; thmp aDeged in this complaint, if they were DOt actiag witldD ~

24 course and scope of their agency and employmCDt with the Marin Humane Society, they may

2S later be iDdividually l181Ded.

26

27 4. Madn Coun1J Superior Comt is tho proper coUrt for this action b~

28 DBPBNDANT may be found in Marin Couuly, conducts its business In Marin County, aud

3 , .. ~~ ~ · dv. ACtion No. CiV 1300526

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1 leDlOved PLAINTIP.P's stallion. Romantic Star. 11om Marin Collll~ where he _.s Jut bown to

2 PLAJNTJPP to reside wlth her consent.

3 PACTUALALLEGATIONS

4 5. JDl Bumell is an extremely successftll breeder of high performance sporthorses. She

S has been recoplzed uaticmally and intnatio1lllly for her <:ontributiODS to AmeriCBD·Jumpen in

6 pardcuJar. UDlike other breeders, her business is nm very modestly and quite profitably, ad

7 lDitil recently, out of a few acres adjacent to her home. In the fall, 2012, Ms .. Bumel1 moved her

8 harBes fivm Petaluma, within Sonoma Collllty. to an unimproved, approximately 35 acre parcel

9 amcmg the geatte hills ofChDeno Valley, in Ullfncorporated Petaluma wit1du Marin Couaty.

10 6. lk Stavisky is the former owner of a horse, Romantio Star, a regiateieclHanoverian

II ataniou, purohased upon various terms and conditions for $100,000 on or about December 18, . ' . .... .

12 2012. She purchased the stallion for the purpose of eanimg stud fees in the busiaess ofbreecflng,

13 trainfDs and rlding sport horses. Romantic Star's stud fee had been $1,300 and highez: Because

14 of Dr. Stavisky'slocation in an excellent and acdve breecting market she intended to raise Ids fee

IS 8Dd bepn a marketing campaign to maximize Romantic Star•s eamins potential, im:ladhlg

16 8l"IIID&iDI breediDs contracts.·

11 7. Romamlc Star is an-Imported, Elite Hanoverlm StalUoD. He was performance tested

18 iD. Germany and received high scores for his character, temperament, willingneBS, aDd dcleabJiity.

19 His jampiJJg tec1mique and score eamed him a nomination to the Hanoverian Jumper BNedlDg

20 Pmgram. Prom tho American Hanoverian Society website:

21 In 2005, the AHS established the Jumper Bleeding Ptograni (JBP), which is baled in part

12 on the successftll e~enco of tho Programm Hmmoveranor Sprluspfozdezucht.(PHS)

23 estabUsbed in 1993 h1 Germany. A cooperative effort betWeen tbeAHS and the two

24 reJional Hauoverian breeding clubs in Canada, the J1111lp0ir BreediDg Program is ia1aded

2S to pmmo18 the breedhtg ofbigb quality Hanoverian show jumpfDg homos in North

26 Amadea. To be selected for the program, mares and stalliom must have both aa

27 appropriate jnmptug pedisrec and demonstrated jumping abDity or oftipriDg with

· 28 demcmstratedjumpiDg ability.

4 xmm CODipfaiiit av. lciiOD No. CiV lloos2&

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· 1 StaUion requirements:

2 •A score of at least 125 in the jumping index oflhe staiBon ~ce k.t; 3 •Ajumpias &Core ofB.S in the stallion perf011D811Ce test;

4 •A ~fbi competition 1'8Cold. examples of which include placinp fa show JampiDJ at

S USBP levels 8/9 (S times In 1st to 3rd place) or Bquille Canada equivalent; participation

6 at intet.aaticmat.levels of co~petilion or qualffto~OU: lor. World. Br8ectiag Cliampfoushfps

7 for Young Jumpers or the BUDdescbampionate in Germany;

8 .OftipriDg with m~cessftll competition records; or

9 •A breedfug value for jumpiDg of at least 120. By way or example. the atallfoD~s I1ICCIIS

10 in USBP levelS/~ jumping competitiODB, experience at fntematioD8llevels of eompetitton,

11 or qualification to participate in the World Cbampiouships for young show jumpers or the

12 oftipring'a aaccessos it USEF leve17/8 jumping comPetltioDS would be motors

13 CODSidered m favor ofincludiDg a stallion in the program. Successes in Jumter

14 competitions, however, will not be considered.

IS 8. There are only.23 staDions in the United State&· (out of 101 approved Banovedm

16 stalliODS) that are either cU1l'eDtly activated or eHgible for activation in the Jumper Breedfaa 17 Plopam. Romantic Star is one of those stalUoDS.

18 9. A December l~, 2012 veterlDary inspection by Dr. Paul McEvoy, DVM, pneraUy

19 indicated the horse•s good healtb. At the time of purchase through the limo oftraosport, the cm1y

20 authorized keeper of the stallion, Romautio Stm; was JiD BllfiHtD. 'Jbeteafter, and an limes

21 relevant to thfs complaint, the owuer of the stallion, Romantic Stat; was PLAlN'I'JPP.

22 10. It wu reasonable to expect that Romantic Star would contract for at least 50

23 breedinp each year at his ~rmal service fees for at toast 'the next s yean, and that iDaddidon he

24 would be bred to mares owned by PLAINTIFP wbioh foals might be sold "in uteron or as

2S weantinp. An "in utero., foal sired by Romantic Star has a startiDg market price of$10,000 and

26 depeDctiDs on the mare may easily be sold for more. It was nascmable to expect that each year

27 for the next S years Romantic Star would produce S to 10 foals to be sold in this mBDDer by

28 PLAlNTIFP.

s xmm coiDPillilt CIV. ACtion No. ClV i300S26

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l 11. PLAINTIPP paid for1nmlpottation ofRoDl&Dtic Star fiom Marin County, Califomia

2 to her film in Polk County, c;Jeorgia. On or. before December 21, 2012, the.~ date

3 was set as December 28 or29, 2012. PLAJNTJPP Is aware of no other pemon claiming

4 owmnhlp of the stallloa, ~c Star, or right to possession of the horse nor, prior to tl&e

S actiODS oftbe Marin Humane Society complained of in this acdou, of any possessory or other

6 lfeas agaiust the hor~C!.

7 12. On December 26• 2012, in the afternoon the horse ·Romllltic Star got into a staDion

8 fight Romantic Star lost. He ended up on the ground, in a muddy paddock With the victorious

9 staDion staadiDB over him. When the stallions were eventually separated, 8lld Romantic Star

10 stood up, he was extremely muddy. He had swelling in his face. neck and shoulder~, cats, aad

11 cme eye was swelUDg shut. Romantic Star was seen shortly thereafter by a veteduarfan who

12 admfDfstered antibiotics. Although extremely muddy and biuised, the veterinadan detennfned .. . . . I

13 that it was UDJikely that Romantic Star had suffered any broken ~es (the horse was eadag and

14 dr.bildq normally and was standing and moving a.ormally). He recommended that the horse be ...

IS moved for a more thorough exsmf:aatfon. He did not require that fbrtber examiuaticm be made

16 wit1Dn any particular time frame. No one refused to take the bono to UC Davis or off the

17 property tor tbrther exmUJnaticm.

18 13. On the afternoon and evening ofDecember 26; 2012, the dirt road in and out oftbe

19 BumeDs' property was poor and was 1Jlllit. No veterhurrian deemed it necessary to b&ftilH tho

20 UD11t. hUislde, dirt 101d with a Imp, heavy horse trailer in a non~emmgency cfrcumsCaDce.

21 14. The veterlDarian who saw the stallion,s iqjudes on December 26, 2012 (a DI8Ddatory

22 repcmer of abuse pursuant to Business & ProfessiODB Codo section 4830. 7) did nottepOrt tJJat the

23 iqjuries were Jife threatening or more daqeroua to the hoJBe and its bumau caretakers than

24 woulctattempts to remove the horse ftom the BumeDs' popertJ in the dark. No vetsrinadan who

2S examined B.omantio Star immediately subsequent to tbe Decem~r 26 stamon fight I8J70fted aDY

26 medical exigency which demauded immediate tnmsport ofllomant:ic Star to any location other

27 than bfs customary paddock on the BUI'Ilell property. ..

28 lS. mtBumell remained on the property overnight with the staJUoD. cheeldns o.Dlds

6 CiV. ACdou No. CIV i301B26

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1 condition and mlafster.iDg to his medical needs every hour or two. She RpOrted on the staltian's

2

3

4

condition to Dr. Stavisky as requested.

16. On December 27, 2012 in the momin& Dr. McBvO}' W.s apfn on the BumeiJs'

pmperty to iDapect (and did iuspect) the horse for PLAJNTJFF. Dr. Stavisky instracted Jill

S Bumell.and Dr. ~cBvoy. to have the ~e transported to UC Davis·~ ADfmal CliDic or other

6 location as lD Dr. McEvoy•s oPJmon was in the best interest ottite· staUioD.

7 17. In Dr, McEvoy's oJ)iDicm, RomaDtio Star was beat evaluated at the UC Davis ticflities.

8 '18. UoknoWn:to either PLAINTI11P or to Dr. McEvoy at the time that he was GDP.Ied to

9 evaluate lloDJIDtlo Stars injuries fiom the stallion fight, Sergea:at Michelle Rogers of tho Soofety

10 had declded to remove the stallion from the BumeUs' prop_arty.

11 1~. DenyJng Dr. Stavisky's ownership and right u an owDer to Jaave tbe horse tnmsported.

12 the Society mused to permit the traDsportadon ofltomantic stai'ftom the property by t1le home

13 hauler previously hired by the BumeUs and PLAINTIFF for that piupose.

14 20. ODly after th8 Society conducted a warrantless search of tho BumeUs'pmperty IDd

JS seized one other horse (a mare, "Pookie")~ did it then permit the tlimsportatlon ofRomaatic Star

16 by its own omcers to UC Davis Large Animal QiDic in Davis, CaUfomia.

17 21. The SocietY then posted oa the Intemet a request for donations based upon their abuse

18 claims, speclftcaDy naming Romantic Star, again without the conscmt of Dr. Stavisky.1

19 21. Upon iuformation and belie( the Society's appeal for donatfous has raised over

20 $23,000 for care of the borses seized tom Bumells' property, inCluding llomandc Sf&

11 23. Oa December 27, 2012 at the UC Davis Lqe Animal Clini~ Romantic Sirs

22 physical exam uoted that his rlght eye was swolleu, but visual. that he had I1IDD8rOl18 cuts and

23 bmJses toward tho trout ofbis body, but especially on bia head, ·neck and chest. He received

24 additiomd antibiotics Bncl anti-iDftammatoriea (as he had receiv8d while at the BU1118Ds' pxopetty).

25

26

27

28

Amenaea compl8Llt dv.ActioaNo. CIV 1300326

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. I ·~

1 AtUC Davis, one clbdclan gave him a body coudition score of"3/6" and another "3+/fr. He

2 received a thorough bathlDs and Curasalt sauze was placed.on Cuts on his face toptherwith a

3 topical antibiotic. His ja~ was freely movable and did not give him paiD. He C011ld amtmlate,

4 eat and driDk ~y. To equate to human te~, tbe stallion had the tar·beat out ofhim ad

S eaded up with a black eye and some loose teetlL He was tit to be released to anypers011 who

6 could admini•tor autl-inflammatoriea and antibiotics 1tom the moment ofhis arrival at UC Davis,

7 ami cmcaiDly woold have b~ discJuqed no later than December 30, 201Z but for his celetxity

8 8latu8 as an &Dimal s8ized by the Society and being examined as part of its cmpiug illvestiption.

9 24. Despite reports to the media that Romantic Star J'eqaired seizure fbr broken boDes.

10 ma1uourishmeDt aa.d other scaadalou-if..true ~utnot iD fact inte) conditious. UC Dav.fs Lars• 11 .Animal Clbdc 1ecordashows Romantic Star was at ALL TlMBS stable. He was bQmed fa the . :-... · .. ~·-·· . 12 stalUoD. fisbt but never in any danger. He was also very nniddy and requb:ed a bath. ALL oflhe

~ . 13 tlea1melda could have ~il done at home with follow up vet visits to mODftor PJ'01Ift'SS oflrnllng.

14 His body ecmditlon score· did not reflect malnourishment or negleCt. His bloodwork ad

IS chemistry panels wel8 all within normal limits.

16 2S. On December 26, 2012. Romantic Star sustained abrliious mullaceraticms, pimm1y

17 to his head 8Jld neck. Ther8 is expected swelli11g associ~ with these woUDds aDd Romantic

18 Star bad head edema 8lld one eye was swoll~ closed (small cOineal uloer). SOJDD oflds teeth

19 ware damapd from the fight as well One leg also had som~ swe~ AD of tho WCJDDCia

20 improved daily and Romantic Star- tom the start- was eating. d.r.iDJdng andmovfas nmmaJiy.

21 CJeaniq wOUDds with diluted betadine, applying ointmeni to womids. app1yJDg 1riple lldlOiotic

22 omtment and atropine to ey~ cold hosfDa legs, edndnisterlDg 8Dilgosics ami anti-iDIIammatory

23 mediaatloa, 8Dd administration ofiqjectable antibiotics was the level of oare that was requfmd

24 (somothfns easily done at home). Romantic Star was dewormed, llad his teeth floated aadhla

2S feet trimmed (a1so standard homo care). Nothing about his co.ndidoa required hospitalization

26 beyond his iDltlal evaluation. Every treatment (and followup) could easily have been done at

27 home or in a boarding facility and were "noneemergenoy', care. ·Basically, after bis intake exam

18 and bath. he was cleaiied up, bad ohltmant and a Curasalt .,.._ chesshtl (aa equine "Bandaid")

8 ::·. ·: civ. Action No. CiV 13oos26 .......

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1 applied.

2 26. On Jmuary 3, 2013, the Society pve notme to the Bumells (but uot PLAlN'I'JPP) of

3 a Penal Code 597.1 Post Seimre Hearing conceming ~es "belieVed to be owuecl.,Y JDl aad

4 Alex BameU?' inoludiug Romantic Star, It hired .Albert Burnham as its hearfag o~.u it had

S Jl1JII1eJOUB times previously, at tho rate of S 125 per hour to detetmine that its selzare·was jastifted,

6 the homa seized were not fit to be released ftom the Societrs care. ami that the owners oldie

7 horses were not capable of providing necessary oare for the horses~ as he had on WfllY pfor

8 occasloD whea hired by the Society to do so when those matteD were contested.

9 27. On January ~~-2013, the hearing officer, Mr. Albert Bumham, received Jk· Stavisky's

10 declandfon of ownersJnp of the stallfon. Romantic Star, includiDg all of the followiDg WJittea

11 testimony made under the peJIIlty of perjury:

12 I am the owner of the stallion Romantic S1ar. I uJtde~·iny horse to baVe 1Jeea seiad

13 by Marin Humane Society on December 27, 2012 :fiOm fill Bumell's pmperty. •'.. .

14 J1ll B111'1101l contacted me immediately following the iucident between Romantic Sfar aad

15 Aloba. At that time I asked her to contact Dr. Paul McBvoy to come out~ evaluate llim,

16 &Dd ifDr. MoBvoy ~necessary, to transport the sta1Hon to UC Davis for treatmeDt

17 I had previously hired Dt. McEvoy to inspect 8Dd test 1he horse fortraDBportatkm to me

18 in Georgia. Dr. McEvoy already had my payment mtbrmation onteeorcl, and I have a

19 copy ofthe invoice frOm Dr. McBvoy's office for the emergency call, COJJSDitatlonaad

20 evaluation ofRomantio Star foUowing the incident.

21 WheD I was contacted by Michelle Rogers from MHS [Marin H1UDIDO Society:L I

22 informed her that arrangements had been made to either take Romantic to a stable where

23 he could recuperate M- to UC Davis depending on the sevedty ofiqjuries 8Dd tbe

24 recomnumdaiion of the veterimaian. I was adamant in my assertion that the wen beiDa of

2S the ataDion was of paramount importance and that I would do whatever was ucessary for

26 his safety and wetl-behia based on the advice of the stallion'sueatlngvetedaarlaa, Dr.

27 MoEvoy. To elate, Marin Humane Society bas not apprised me or my rep~es of

28 the coudition of the stiuioD."

9 Amended compi811ii · : ·~ eiV. ACtion No. ciV t30bs26

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1 28. OnJBDUar;y 1~ 2013, Mr. Bumham found that the B11111eDs received 1ep1 notice but

2 did not address PLAINTIPP's diht to Jesal uotice. Al~ugh 1ho SocletT• oftioers ~that

3 they knew of and had spokG with PLAIN'l'IFP, they did not ~itempt to have her aPpear at the

4 post-seizure hearing or to oft'er the opportmdty to present oral testimony.

5 29. ~ Bumham made no ftJtdfDJwitb respect to PLAINTIPP iD his discussfoD of"lasue .. .

6 t#l Were tho seizuNs of~c Star and Poolde Justified"» ·and while remarJdng OD lk

7 MoEv~'s concurrence that Romandc Star be transported to UC Davis fidled to uote t1tat D~

8 McBvoy was present at the scene atPLAlNTIPP's request·and exPe.ase. Mr. Bumbam ioo1c no

9 testimony 1lvm any treating veterinarian tom Dec~ 26 or 27 (ODly the healny tesdmolly of

10 Se1pant Rogers clescribiag what she recalled they said or did) nor did the Society can tDY

II quaHfled witness fiOJD'uc Davis regarding the condition ofR.omantic Star at the time oflhe

12 hearing Althoush avaDable to the Society (the Bumells were prohibited from compelliDa the

13 atteu.dauoe ofwituesses 'under the Society's proceedings), ttie Society did not caB mywieness

14 who had been present at thO BumeD property at the time of or-: after the staUion figlat OD

IS December 26, 2012.

16 30. Mr. Bumham made no finding whether Romantic ~was fit to be retarDed to

17 PLAWnPP. Mr. Bumbaai made no findfns whether PLAINTJPP had or could clem.oDstram bar

18 abllily to provide the ~ecessary care for Romantic Star ..

19 31. Mr. B111'Dham characterized the Society•s testimony is unopposed, and neg8dvely

10 CODIDlOilted on the fact that the Bumells had not testified on the adv}ce of couusel (but not that

21 the context was the Society•s ongoiDg orimiDal investigation and threats of crimiaal prosecutlon).

22 Because PLAINTIPP was not pesent to be cross-examined he rejected her writtaa·swom

23 testimony, saybls ODly: ''Ms. (sic) Stavisky claims that she owns Romantic Star.. She provides no

24 proof or documentation of diat assertion. She fails to explain why ltomaulic s~Was in the

25 possession ofRe~nts on December 27, 2012. the date of the seizures. Her declamtio.a,

26 even If true, does not address the mater1al issues in this case.,,

27 32. On JanuBty 29, 2013, PLAINTIPP again requested the retom ofher stanlcm.

28 33. On January 30, 2013, the Society responded. denying PLAlNTlPF's request statla&

10 ADlW Compl8iiit CiV. ACtion No. CiV 1300526

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I iDt.er alia: "'.omamic Star win not be released at this time and·we caan~t predlctwllenlle may

2 possibly be able to be released -orifhe wDl ever be able to be released to hfa owner. "

3 34. The Verlfted (sic) ComplafDt for CoDversion was filed OD Pebruay 4, 2013.

4 35. On Pebruary S~ 2013, the Soofety wrote to tho PLAINTIPP "Please be advfsed dJat, if

5 you iDdeed OWD llomantlc Star, you are subject to potential criminal Habilif.Y tor animal cmelty

6 m vlolatlon of California Penal Code section '97(b), and tb&t you are a1so poten1ially RSpOJttible

7 for costs pursuant to Califomia PeDal Code section 597.1, for the costs of seJzure and care for

8 Romantic Sf& [-oJ Please be tbrther advised that the first 2i .dayi· of costs for the seizure and

9 care for Romantic Star (up to an includiDg 1anuary 16, 2013) are due to be paid by S:OO p.m.

10 Pebruary 4. 2013 [that date has been continued by agreement to february 18, 2013]. A lilt of

11 those costs is lnc!uded\vithtms letter. If these charges aro not paid by theD. and ifimleed you

12 an the owner ofR.amantic Star, any ownersblp f.uterests that you may hold fn Romantic Star may

13 be deemed forfeited pursuant to Pemd code S97.l, and tbat Romantic Star may then become the

14 property ofthe Marin Humane Society." Attached to the correspondence was a List ofPees

lS claiming "Total Due:'Romamic Star'$4,727.10." A check far $4,727.10 was hand delivered to

16 the Society On PebziiU, I 8, 2013 (a ban1ciDg and court h~liday ciUrmg which the Society was

17 closed) and deposited in its man slot . ·,. :.

18 36. Since the dme the complaint was flled, Dr. Stavisky has received countless perscmal

19 attacks from past, present and potential future costomers~ coDeagues.1iiends 81ld acquaintances

20 who dlsqreed with her decision to punuo a legal remedy in the face of the Society's rtftlsal to

21 the return ofher horse. The vitriol of those attacks is something she bad never before

22 experienced. Tho stress of those encounters bas left her phyaicaUy m. She soma fiOm

23 headaches, sleeplessness, stomach pain and oausea.

24 37. Dr. Stavisky attributes these physical symptoms ali :to the seizure and subsequent

2S events sunoundms komantic Star. Dr. Stavisky fears for the continued viabJiity of'her lase

26 bzeec1iDs business. The most vilrioUc attacks have been made oraUy, by telephone ad in peao.o.

27 Some of these individuals also claim to have been in comact with Sergeant Michelle Roprs.

28 Sometimes the attacks include references to the threat ofCrimmal Prosecution as an ovmerofa

11 . . ;.: y dv. Action No. CiV 1366526

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1 seized hone. Sometimes the attacks faclud.e references to o:trers to settle and compromise

2 disputes with the·MarJn .. Humane Society, that Michelle Rogers at least has ~epreseutecl tluough

3 those third parties that if the lawsuit were, the staDion may be mtamed and thatDt Stavlsty may

4 apln ~oy peace to be about her business. In response to two of these most ncentappmaohes . . .. .

s between Pebntary 4 and Pebruary 11, Dr. Stavisky oalled ivfichene Rog~ 111d spobwfthher

6 directly. Sergeant ROgers Was unwilling to repeat or to honor tbe·representatiOIIS made by otha

7 on her behalf. D~ st8visky is also fearlb1 that she. aiDllOt trust 8DJ statement made to lief by

8 anyone bom t'h8 Humane Society becauso she does not kDOw-~bether she is the subject ora

9 criminal investigation or not. ·

10 38. In a hJshly asitated state caused by these uncertaiDties~ Dr. Stavlsky I1II101l1IOeCl

11 pubUcly tbat she wished to rescind tho sales 1ransactioD. After some retlectiODt De Stavfsky and

12 Jill Bumen agreed tO revoke and to rescind the originals ales contiact, and iD parlial

13 coDBlderatlon for such,. Dr. Stavisky assigned aU of her claims tO JD1 Bumell. '·

14 PIRST CAUSB OP ACTION- CONVERSION

lS 39. Plaintiffre-aUegea and incorpomtes by reference the allega1iODS set f'otth in each

16 preceding Paragraph of this Complaint PLAINTIFP clainis that DEFBNDANTwmnsftdly

17 exercised COD1Jol and dombdon over h&r stallion, Romantic ~

J 8 40. PLAINTIFF owned the stallion Romantic Star;

19 41. DEPEND~ intentiona1ly took possession ofR.omantic Star on December 27,

20 2012 ami CODtinues to keep blm tom PLAlNTJPP at least through Pebmary 19,2013 the date of

21 the filiDg ofthfs amended complaint.

22 42. PLAINTIFF did not coment to the taking;

23 43. PLAIN'l'IF.F was hmned by the taldq; and ·

24 44. DBPBNDAN'rs conduct waa a substantial factor in causiag PLAINTJPl'S Jlarm.

2S 4S. Porther, DEFENDANT acted with malice. ftaud and/or oppression i:U die COJiduct

26 alleged above. DBPBNi>ANT acted with intent to cause iqjury ·to PLAINTIPP and/or

27 DEPENDANTS ccmduct was despicable and was one with a wiDfbl and knowiDs disRprd of • -.. w ~

28 the dgbts or safety ofPLAlNTIPP or another. Additionally or atiemadwly, DBPBNDANT acted

12 ADIW COiiiPiiliit .. :.;~.: ,.. ·. Civ. ACdo11No. CIV 1300326 . -.;·

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1 withkaowiag .disregard ofPLAJNTlFP's rights, title and interest, and was aware ~ftbt probable

2 clanpmus coDSequences and likelihood ofh~ to PLAJNTnlP ofhis, her, or its conduct and

3 deUbeiatoly faDed to avoid those consequences. DBPBNDAN'rS Conduct was despicable ad

4 subjectedPLAINTJPP to cruel and UDjust hardship inknowins dlsregant ofherriglds. I-

s DBPBNDANT's conduct in the above alleged sots is conduct:tbat is so vile. base, or . ~

6 contemptible that it would be looked down on aad despised by reasouable people.

7

8 PaAYBRPORRBLIBP

9 . 10 WHBREPO:RB, PLAlNTIP'P prays that judgment be eDiWed aSainst the DBPBNDANT a

11 follows:

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1. OnlerlDs nEFBNp.ANT to retumltomtmtic star io PJaidft'immecliatelr.

2. PreJim1narlly and permanontly enjoining DEPENDANT, and any penon associated wJ1h

1hem 1om use ofPl.mtlff's IUUJle, lilceness or that ofR.omaatic Star as an UJdifr metbad

of competi1ion and/or other wrongfbl acts; . \

#;' • "J.

3~ Dlsgorsfng any.monies from donot1 collected as a rVsUlt ofDBFBNDANT's use of

PlaiDdft's -~ iikeness, Romantic Stm; or other Wprivneged aud oruncoDJalted to

activities using PLAINTIFF's property and business opportuDities to DEPBNDANT's

purpose;

4. AwanfiDa PLA.IN'I'lPP her actual damages sustained u a result ofDBPBNJ>AN'rs

milawfill cODduct, in an amount to be proven at trial. plus pre-judgment 8lld post­

judgment interest thereon at the legal rate until paid in fi111;

S. Awarding PLAINTJPF punitive, special, and/or exemplaly damages

6. Awarding Plaindffreasouable attorneys' fees and expcD881 accrued aad accruiDa hereiD,

plus iuterest thereon at the legal rate ftrom the date judgment is ent1nd 1Ddil paid fa JbD

as may be available by contract, statute or the common law as a cost necessuy to iDcar to

achieve the return ofher property and her good name;· .:·· . .·:

7. Awarding Plaintiff its costs accrued and accndng hereia, plus iDtemt theteo.a at the lep1

13 . ··.: . ,_: civ. Action No. ctv 13bo326

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l mte 1tom the date judgment Is entered until paid m fidl;

2 8. Trla1 by jury, and'

3 9. Awardins Plaintiff such other and t\trther relief as the Court deems just aud proJJE 4

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Pebroary 20t 2013

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.· . . AJDeii&Ci CODipiiiDi ·:

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~ o ert • eems, V

attomeys for PJabitiiF anclAssJP.fH!_ Tall Bumelland wlthdrawiDg pJabdiJfltcmda Stavisky

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- ·~ ~ biv. ACtion No. av 1360326 . . . . -~

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