Case 8:16-cv-01810-AB-GJS Document 17 Filed 10/07/16 Page 1 of 4 Page ID #:119

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David R. Simon (SBN 145197)

SIMON LAW GROUP
17595 Harvard Avenue, Suite C515
Irvine, CA 92614
Ph. (714) 975-1728

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Bryan W. Pease (SBN 239139)

LAW OFFICE OF BRYAN W. PEASE
3170 Fourth Ave., Suite 250
San Diego, CA 92103
Ph. (619) 723-0369
Attorneys for Plaintiff
UNITED POULTRY CONCERNS
UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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UNITED POULTRY CONCERNS, a

Maryland nonprofit corporation,

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Plaintiff,
vs.

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CHABAD OF IRVINE, a California

corporation; ALTER TENENBAUM, an
individual; and DOES 1 through 50,
Defendants.
__________________________________________

) CASE NO. 8:16-cv-01810

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) PLAINTIFFS RESPONSE TO
) ORDER TO SHOW CAUSE
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Plaintiff hereby respectfully submits its response to the Courts Order to Show
Cause Regarding Dismissal for Lack of Standing issued on October 6, 2016

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Case 8:16-cv-01810-AB-GJS Document 17 Filed 10/07/16 Page 2 of 4 Page ID #:120

In two recent cases that are directly on point, courts held that animal protection

organizations have standing to sue under Californias Unfair Competition Law (UCL)

where combatting a defendants unlawful acts diverts resources from the plaintiff

nonprofit organizations mission. In Animal Legal Defense Fund v. LT Napa Partners,

LLC (2015) 234 Cal.App4th 1270, 1282 (Napa Partners), the Court of Appeal found

the plaintiff animal protection organization had standing to sue a restaurant for selling

foie gras in violation of a state animal cruelty law, because this unlawful activity tended

to frustrate plaintiffs advocacy for an effective ban on the sale of foie gras in California,

and tended to impede plaintiffs ability to shift its focus on advocacy efforts in, for

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example, other states and at the federal level. [Emphasis in original.]

In Animal Legal Defense Fund v. Great Bull Run, LLC, No. 14-cv-01171-MEJ,

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2014 WL 2568685 (N.D. Cal. June 6, 2014) (Great Bull Run), the Court held the

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plaintiff animal protection organizations had standing to sue an illegal bull run.

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Organizational plaintiffs have standing under the UCL where they divert resources as a

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result of a defendants alleged unlawful business practices. (Id. at p.6.)

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In the present case, Plaintiffs efforts to seek bans on other cruel practices have

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been frustrated by combatting Defendants unlawful animal sacrifice activities. This

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diversion of resources results directly from Defendants unlawful behavior and has cost

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Plaintiff money and volunteer resources, making it is exactly the sort of harm that gives

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Plaintiff standing to bring this action under Napa Partners and Great Bull Run.

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The declaration indicates plaintiff spent months on the effort to persuade Napa

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authorities to take action....Thus, plaintiff has presented evidence in its investigatory

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expenditures, as well as the resources spent in attempting to persuade the authorities, had

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a purpose independent of the current litigation and might have rendered such litigation

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unnecessary. (Napa Partners, supra, 234 Cal.App.4th at p.1282.)

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In the present case, Ronnie Kudlow Steinau (STEINAU) has been an employee

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of Plaintiff for over 10 years, since September 1, 2006. (Verified Complaint, 24.)

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When Plaintiff learned of Defendants illegal activities described herein, STEINAUs

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Case 8:16-cv-01810-AB-GJS Document 17 Filed 10/07/16 Page 3 of 4 Page ID #:121

time working for Plaintiff was diverted to investigating and exposing these acts, and

attempting to convince authorities to take action. (Id., 25.)

The actions paid for by UPC included contacting various authorities, including

Rhett Dunn and Doug Hepper at the California Department of Food and Agriculture

(CDFA). (Declaration of Ronnie Steinau in Response to Order to Show Cause

(Steinau Decl.) 4.) These officials informed STEINAU that what Defendants were

doing amounted to operating an unlicensed, open-air slaughterhouse that was

unregulated, and that it was unlawful for these birds to be used for food. (Ibid.) Steinau

spent a total of about 2.5 hours corresponding with these two officials by phone and

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email convincing them to take action against Defendants. (Ibid.)

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Steinau also traveled 59 miles each way to Chabad of Irvine on October 1, 2014 to

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document, expose and successfully influence changes to Defendants unlawful activities,

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costing $66 in reimbursable private vehicle mileage expenses. (Id., 5.)

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CDFA agent Rhett Dunn, who Steinau spent UPC staff time communicating with

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on the phone and by email, showed up as well on October 1, 2014 at the Chabad of

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Irvine. (Id., 7.) Mr. Dunn had conversations with Defendants and/or their agents, who

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were openly hostile, and Mr. Dunn appeared frightened and intimidated by them. (Ibid.)

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After the October 1, 2014 animal sacrifice event at which Mr. Dunn confronted

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Defendants and/or their agents at UPCs request, Defendants stopped distributing the

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chicken carcasses for human consumption and instead began having them rendered into

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fertilizer. (Id., 8.) Steinau spent a total of 2.5 hours traveling to and from the Chabad of

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Irvine on October 1, 2014 and 4.5 hours on site to document, expose and influence

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changes to Defendants illegal activities, which included forcing them to stop distributing

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the unsanitary carcasses for human consumption. (Id., 10.)

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UPCs actions through Steinau were successful in ending the illegal use of the

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animals for food, and Defendants thereby lost the exemption of Penal Code section 599c,

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which prevents the animal cruelty laws from interfering with the killing of animals used

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for food. (Id., 9.) This put Defendants in direct violation of Penal Code section 597(a),

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which prohibits the malicious and intentional killing of an animal, and this is exactly

what Defendants plan to do this weekend if not enjoined by this Court. (Steinau Decl.,

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Steinau also met with the division head of City of Irvine Animal Services on

October 2, 2014 to tell him what she had witnessed at Chabad of Irvine and to attempt to

convince him to take action. (Steinau Decl. 9.) However, the official told Steinau that

because religion was involved, there was nothing he could do. (Ibid.)

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The several hours Steinau spent corresponding with officials attempting to

convince them to take action, and documenting and exposing Defendants unlawful

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activities, were not part of Steinaus normal duties for UPC. These extraordinary tasks

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diverted from her main responsibilities with UPC, which would have ordinarily

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encompassed only administrative tasks and public outreach and education duties. This

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diversion of Steinaus time caused UPC to lose money that it paid her and to lose the time

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that she could have otherwise spent advancing UPCs core mission. (Steinau Decl., 11.)

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All of the activities described in Steinaus declaration were undertaken almost two years

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before this lawsuit was filed and were not undertaken in contemplation of this or any

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other litigation. (Id., 12.)

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Napa Partners and Great Bull Run are directly on point. UPC has standing under

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the Unfair Competition Law based on its diversion of organizational resources spent

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addressing Defendants unlawful activity and attempting to convince authorities to take

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action.

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Dated: October 7, 2016

By:

SIMON LAW GROUP

LAW OFFICE OF BRYAN W. PEASE
/s/ Bryan W. Pease_____________
Bryan W. Pease
Attorneys for Plaintiff

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