03/11/08 - Superior Court of California - County of Los Angeles

SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELESDEPT ?00Date: MARCH 11,2008Hoiiorable: PETER ESPWOSAJudge M.RAMIREZDeputy ClerkNONE Bailiff 1 NONE Reporter(Parties and Counsel checked if present)WS0018111 re,AMERCMN HUMANEASSOCIATION OF CALIFONIA;JAM1 L. LOVULkOPetitioner,On Habeas CorpusCounsel for Respondent:Nature of Proceedings: ORDER RE: APPLICATION TO AFFIAPPONTMENT OF HUMWE OFFICERThe Court has read md considered the filings requesting an "Order Affirming Appointment of HumaneOfficer" received by this Court 011 January 25, 2008.The application fails to conforni with inandates under California Corporations Code section 14500 etseq.. The application is denied without prejudice.The recornmendiiig humane society must submit proof that it possesses liability insurance policy of atleast one million dollars ($1,000,000) for bodily illjury or property damage. (Corp. Code, 8 14502(a)(2);14502(b).) The applicant has failed to meet this requirement.Each appointment of a humane officer must be by separate resolution of the recommending humane society'sboard of directors or trustees. (COT. Code, tj 14502(a)(3)). The resolution must include the fact that he/she is acitizen of the State of California. The applicant has failed to meet this requirement. In addition, the date in thebody of the Resolutions reflects November 2005.The recoinmended appointee niust supply the humane society/SPCA with fingerprints taken 011 standard 8x8cards, which must then be filed with the Court. (Cory. Code, 8 14502(b)). However, the Court in conjunctionwith the Department of Justice has initiated the use of can~puterized fingerprinting using Live Scan. As a result,tl~e Court requires that the recommended appointee submit to fingerprinting via LiveScan, rather than submit acopy of hisher fingerprints on a 8x8 card. The recommended appointee may submit to fingerprinting via LiveScan at the Los Angeles County Superior Court's clerk's office (Human Resources) which is the11 transmitted tothe Deparhnent of Justice. Karine Chuaiig of the Humail Resources Department of the Superior Court may becontacted at (213) 974-5445 for further information. The present application includes a form entitled "Requestfor Live Scan Service Applicant Submission" which reflects that a Live Scan Transactioi~ was completed byAmeritek ID.Prior to the granting of any application, the Count must have before it a background investigation of therecommended appointee conducted by the Department of Justice ("DOJ"). The background inivestigation is

SUPERIOR COURT OF CALIFORNM, COUNTY OF LOS A NGELESDEP"1B 000Dater MARCH 11,2008Honorable: PETER ESPINOSA Judge M.Pa_AWIIREZDeputy ClerkNONE Bailiff I NONE Reporter(Parties and Counsel cl~ecked if present)HS0018In re,AMERCMN HLTMANEASSOCMTIOhT OF CALIFOWHA;, JAM1 L. LOVULLOPetitioner,On Habeas CorpusGoui~sel for Respondent:accomplished via letter from the Departinent of Justice sent to the Court after the recommended appointeesubmits to computerized LiveScan fingerprinting, as explained above. The DOJ thereafter subinits a letter tothe court indicating whether the recomn~ended appointee has a criminal record. This letter is sufficient proofnecessary to fulfill the maildated background check under Corporations Code sections 14502(c) and 14502(d).The present application does not include a response or letter from the DOJ with reference to Jami 1. LoVullo'scriminal recordbackground check.The recorninelided appointee must be a citizen of California. (Cop. Code, section 14502 (a)(2).) Theapplication does not contain any such evidence.Documents must be filed establishii~g that the appointee has satisfactorily comnpleted the trainingrequirements set forth under Corporations Code section 14502, subdivision (i). (See, Cop. Code, 8 14502(a)(2);5 14502(a)(3); 8 14502(b).) Specifically, the recommended appointee must complete training, depending onwhether he/she seeks to be appointed as Level 1 or Level 2 huina~ie officer. Training requirement also differdepending 011 whether application is made for tlme first time appointnient as a humane officer, or for asubsequent reappointment of a humane officer. Here, it is unclear whether applicant Jami LoVullo is seekingappoillhnei~t or reappointment. Based on limited references in the application, the Court can only guess thatJami LoVullo is applying for appointmei~t and not reappointment. It is similarly unclear whether Jami LoVulloseeks to be appointed as a Level 1. or Level 2 humane officer. The application is void of any such information.The application is also void of any evidei~ce den~onstrating that Jami LoVullo actually completed all of therequired training.The Court requires that humane societies applying on behalf of recommended appointees filedeclarations indicating that the appointee has comnpleted hidher training requirements necessary to fulfill thestatutory mandates. The declaration should include all relevant information regarding the appointee, i.e:whether the appointee seeks appointment or reappointment; whether tlme appointee seeks appoiiltment as a Level1 or Level 2 humane officer; and all other i~mformation. Proof of training, corresponding to the information inthe declaration, must be filed with the application.All applications for appointment and/or reappointment of a burnaiie officer must comply with thepleading requirements mandated by California Rules of Court, rule 2.100 et. seq..

SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELESDate: MARCH 11,2808Honorable: PETER ESPNOSANONEJudgeBailiffHS80 18Ill re>AMERCMN HUMANEASSOCMTION OF CALIFORNIA;JAMB L. LOVULLOPetitioner,On Habeas CorpusM.RAMIEZNONE(Parties and Cou~isel checked if present)Counsel for Respondent:DEPT 16%)Deputy ClerkReporterAdditionally, each application for appointinent andor reappointment of a humane officer must include aProof of Service il~dicating service of a copy of the complete application on: (1) the City Attorney's Office inthe city where the recommending Humane Society maintaiils an office. Here, the City Attorney has designatedthe following address where all matters pertaining to humane society applications must be served: Office of theCity Attorney, Chief of the Criminal Division, 500 City Hall East, 200 N. Main Street, Los Angeles, CA90012; (2) the Office of the District Attorney. Here the applicant must serve tl~e Organized Crime Division,attn: Head Deputy at 201 North Figueroa Street, 15'" Floor, Los Angeles, CA 90012; and (3) the Sheriff'soffice. Here, the applicant must serve the Undersherifts Office, 4700 Ramona Blvd., Monterey, Park, CA91745. (Coiy. Code, 14502(n).)The application must be accompanied by a proposed order for each appointee, complying withCalifornia Rules of Court, mle 2.100 et. seq. (id.) The proposed order should be entitled "Order ReaffirmingAppointii~ent [or Reappointment] of Humane Officer (Cal. Cow. Code, 514502 et seq.)].This order has not identified every deficiency in the present application. It is the applicant'sresponsibility to provide the court with an application which coinplies with mandates under CaliforniaCorporations Code section 14050 et seq..The clerk is to give notice and is directed to forward to the applicant a copy of the Los Angeles SuperiorCourt General Order, Order Establishing Proceduresfor Recommendationsfor the Reaffirmance ofAppointments ofHumane Officers, (1 2/12/05).A copy of this minute order is sent this date via U.S. mail to:Office of the City AttorneyChief sf the Criminal Division500 City Hall East200 N. Main StreetLos Angeles, CA 98012

SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELESDate: MARCH l I, 2008Honorable: PETER ESIPWOSANONEIJudgeBailiffHS0018In re,AMERCLAN HUMANEASSBCILPkTHON OF CALHFBKNIIA;JAN11 L. LOVULkOPetitioner,On Habeas ComusM.MMNONE(Parties and Counsel cbeclced if present)Counsel for Respondent:DEPT "810Deputy ClerkReporterOffice of the Los Angeles District AttorneyOrganized Crime Division20 1 No& Figueroa Street, Suite 1500Los Angeles, CA 90012Attention: Head Deputy Sally ThomasLos An~eles County Sheriff's OfficeUndersheriff's Office4708 Ranloria Blvd.Monterey, Park, CA 91745American Humane Society15366 Dickens StreetShe1ma.n Oaks, CA 91403