Court hearing for euthanizing fighting game birds due to illegal activities.

SUPERIOR COURT OF CALIFORNIA,
COUNTY OF YUBA

YUBA COUNTY SHERIFF'S OFFICE, Petitioner
vs
JOHN & JANE DOES, 1-100, Respondents

CASE NO. CVG26-00573 Amended

EX PARTE PETITION FOR AN ORDER TO
HUMANELY EUTHANIZE OR OTHERWISE
DISPOSE OF FIGHTING GAME BIRDS
PURSUANT TO PENAL CODE SECTION 599AA

HEARING: MONDAY, APRIL 20, 2026
TIME: 9:30 A.M.
DEPT. 4

Petitioner, the Yuba County Sheriff's Office ("Petitioner"), respectfully requests the Court to grant its petition pursuant under Section 599aa(e)(1) of the Penal Code ("Section 599aa") for an Order to Humanely Euthanize or Otherwise Dispose of Fighting Game Birds.

MEMORANDUM OF POINTS AND AUTHORITIES
On January 26, 2026, Yuba County Animal Control Services responded to 7297 Meconium Way in Marysville, CA to investigate a report of a hostile dog in the area. During the investigation, Animal Control Officers received reports from neighbors of illegal rooster fighting activities occurring on the property. Yuba County Sheriff's Deputies also responded to the property. Animal Control Officers and Sheriff's Deputies contacted the property owner, who claimed to rent out portions of the property for other people to store roosters there. The property owner did not consent to a welfare check of the roosters on the property. Pursuant to a search warrant signed by the Honorable Stephen Berrier, Animal Control Services Officers and Sheriff's Deputies searched the property and discovered evidence of rooster fighting activity throughout the property. As a result, the property owner was cited for violation of PC 597b(b), and deputies seized rooster fighting paraphernalia and four-hundred ninety-five (495) live fighting roosters. After reasonable efforts, ownership of the roosters cannot be determined. Some of the birds were taken into Yuba County Animal Care Services animal storage facility, where they currently remain. The rest were tagged and remain at the property, still under the County's custody.

Section 599aa provides the Court with the authority to issue an Order granting permission 19 to humanely euthanize or otherwise dispose of the birds, to wit: "If ownership of the seized animals or birds cannot be determined after reasonable efforts, the officer or other person named and designated in the order as custodian of the animals or birds may, after holding the animals and birds for a period of not less than 10 days, petition the magistrate for permission to humanely euthanize or otherwise dispose of the animals or birds. The petition shall be published for three 25 successive days in a newspaper of general circulation. The magistrate shall hold a hearing on the 26 petition not less than 10 days after the seizure of the animals or birds, after which the magistrate may order the animals or birds be humanely euthanized or otherwise disposed of, or to be retained by the officer or person with custody until the conviction or final discharge of the 3 arrested person. No animal or bird may be euthanized or otherwise disposed of until four days after the order." [Penal Code § 599aa, subd. (e)(1).]
CONCLUSION
Petitioner has met its burden under Penal Code Section 599aa. Accordingly, Petitioner 8 respectfully requests the Court to grant its petition and to issue an Order to Humanely Euthanize or Otherwise Dispose of Fighting Game Birds




Dated: April 7, 2026

JANET E. BENDER,
County Counsel

By: /s/ Omar Figueroa
Deputy County Counsel

April 14, 15 & 16, 2026                                  Ad #00314112