Animal harm can be difficult to adjudicate in people courts. But the cat owner in Berry v. Frazier (D1d3 May 15, 2023 No. A164168) --- Cal.Rptr.3d --- (2023 WL 3445168), who was allegedly defrauded by her vet into a “horrific and painful” form of euthanasia for her pet, was able to reverse the order dismissing her claims.
First, the court had to determine whether there was an appealable order. Ordinarily, an order sustaining a demurrer is not an appealable order. Here, the order only knocked out most but not all of Berry’s claims.
So Berry voluntarily dismissed her other claims. But that didn’t work either, because a plaintiff who voluntarily dismisses without prejudice has no standing to appeal the order.
So what was the appealable order? Trick question: neither the order sustaining the demurrer was appealable, nor the dismissal, but both combined.