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MARTINEZ v. ROBLEDO

Nos. B231534, B231545.

210 Cal.App.4th 384 (2012)

147 Cal. Rptr. 3d 921

ELISEO MARTINEZ, JR., et al., Plaintiffs and Appellants, v. ENRIQUE ROBLEDO, Defendant and Respondent. MARGARET WORKMAN, Plaintiff and Appellant, v. STEPHEN E. KLAUSE et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Two.

October 23, 2012.

Attorney(s) appearing for the Case

Haney Torbett , Haney, Roderick, Torbett & Arnold and Steven H. Haney for Plaintiffs and Appellants.

Matthew Liebman ; Caldwell Leslie & Proctor and David Zaft for Animal Legal Defense Fund as Amici Curiae on behalf of Plaintiffs and Appellants.

Veatch Carlson , Mark A. Weinstein and Peter H. Crossin for Defendant and Respondent Enrique Robledo.

Wallace, Brown & Schwartz and George M. Wallace for Defendants and Respondents Stephen E. Klause and Arcadia Small Animal Hospital.

OPINION

DOI TODD, J. —

The consolidated appeals in these two cases present the same legal issue: What is the measure of damages for the wrongful injury of a pet? We hold that a pet owner is not limited to the market value of the pet and may recover the reasonable and necessary costs incurred for the treatment and care of the pet attributable to the injury. Accordingly, we reverse the stipulated judgments and remand the cases for further...

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