Loy v. Kenney
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Dog buyers claimed a puppy mill victimized them. They said the mill advertised online, negotiated by text, arranged parking lot meetups, insisted on cash, and sold underage puppies that sickened within one day and soon died. The buyers alleged the mill were Defendants. Nine buyers, joined by Caru Society for the Prevention of Cruelty to Animals, sued Defendants and moved for a preliminary injunction. The trial court found Plaintiffs were likely to succeed in proving the Defendants had violated several statutes, including the Consumers Legal Remedies Act. Defendants appealed the preliminary injunction. As a group, they filed a single opening brief and a single reply: they appeal as one group with a unified legal position.
The Second Appellate District affirmed and found that the trial court right to find likely harm to the public justified the preliminary injunction. The court explained that the trial court had a basis for finding that Defendants posed a continuing menace to the public at large. The preliminary proof was that Defendants persisted in their routine.
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