(a)  In the event that a pet dealer wishes to contest a demand for any of the remedies specified in Section 122160, the dealer may, except in the case of the death of the dog, require the purchaser to produce the dog for examination by a licensed veterinarian designated by the pet dealer. The pet dealer shall pay the cost of this examination.

(b)  If the purchaser and the pet dealer are unable to reach an agreement within 10 business days following receipt by the pet dealer of the veterinarian’s statement pursuant to Section 122160, or following receipt of the dog for examination by a veterinarian designated by the pet dealer, whichever is later, the purchaser may initiate an action in a court of competent jurisdiction to resolve the dispute or the parties may submit to binding arbitration if mutually agreed upon by the parties in writing.

Terms Used In California Health and Safety Code 122185

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • pet dealer: means a person engaging in the business of selling dogs or cats, or both, at retail, and by virtue of the sales of dogs or cats is required to possess a permit pursuant to §. See California Health and Safety Code 122125
  • purchaser: means a person who purchases a dog or cat from a pet dealer without the intent to resell the animal. See California Health and Safety Code 122125

(c)  The prevailing party in the dispute shall have the right to collect reasonable attorney’s fees if the other party acted in bad faith in seeking or denying the requested remedy.

(Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)

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