Off Topics: Dogs Are Given Their Deserved Respect In Recent 4/3 DCA Published Opinion

We Couldn’t Say It Better.

            Okay, if you follow our Mission Statement on this blog, we do quote from a decision by Retired Justice Wallin as far as the ultimate result in attorney’s fees battles.  Here it is:  "All too often attorney fees become the tail that wags the dog in litigation."  Deane Gardenhome Assn. v. Dentkas, 13 Cal.App.4th 1394, 1399 (1993).

            Although not directed to an attorney’s fees issue, we give credit to Justice Ikola of our local appellate court for recognizing the worth of dogs in Levy v. Only Cremations For Pets, Inc., Case No. G057888 (4^th Dist., Div. 3 Nov. 6, 2020) (published):  “As our high court long ago recognized regarding dogs, ‘there are no other domestic animals to which the owner or his family can become more strongly attached, or the loss of which will be more keenly felt.’ (Johnson v. McConnell (1889) 80 Cal. 545, 549.) ‘We have come a long way from the old common law concept of a dog not even being considered property. Not only is he more than property today, he is the subject of sonnets, the object of song, the symbol of loyalty. Indeed, he is man’s best friend.’  (Katsaris v. Cook (1986) 180 Cal.App.3d 256, 270 (conc. & dis. opn. of Sabraw, J.).)”  Amen, with no undue respect for all pets—which are all special in nature.

Comments

[Marc Alexander]

George Graham Vest (1830-1904), representing a plaintiff whose dog was killed, said it best:

Gentlemen of the Jury: The best friend a man has in the world may turn against him and become his enemy. His son or daughter that he has reared with loving care may prove ungrateful. Those who are nearest and dearest to us, those whom we trust with our happiness and our good name may become traitors to their faith. The money that a man has, he may lose. It flies away from him, perhaps when he needs it most. A man's reputation may be sacrificed in a moment of ill-considered action. The people who are prone to fall on their knees to do us honor when success is with us, may be the first to throw the stone of malice when failure settles its cloud upon our heads.

The one absolutely unselfish friend that man can have in this selfish world, the one that never deserts him, the one that never proves ungrateful or treacherous is his dog. A man's dog stands by him in prosperity and in poverty, in health and in sickness. He will sleep on the cold ground, where the wintry winds blow and the snow drives fiercely, if only he may be near his master's side. He will kiss the hand that has no food to offer. He will lick the wounds and sores that come in encounters with the roughness of the world. He guards the sleep of his pauper master as if he were a prince. When all other friends desert, he remains. When riches take wings, and reputation falls to pieces, he is as constant in his love as the sun in its journey through the heavens.

If fortune drives the master forth, an outcast in the world, friendless and homeless, the faithful dog asks no higher privilege than that of accompanying him, to guard him against danger, to fight against his enemies. And when the last scene of all comes, and death takes his master in its embrace and his body is laid away in the cold ground, no matter if all other friends pursue their way, there by the graveside will the noble dog be found, his head between his paws, his eyes sad, but open in alert watchfulness, faithful and true even in death.