Season 8, Episode 38

Joe Ferret counts down three Fridays to the October 2 court date for Petition 2025-003.
THREE FRIDAYS TO GO!

Holy cow.

Look at Joe's calendar.

September 11. September 18. September 25. And then October 2.

After all these months of briefs, arguments, public records requests and waiting, we are getting very close.

What happens October 1?

The tentative ruling on the State's demurrer is expected by 2:00 p.m. Thursday, October 1.

Then things move quickly.

If either side wants oral argument, that request must be made by 4:00 p.m. If either side requests it, we go before Judge Chang on October 2. If neither side requests oral argument, the tentative ruling becomes the court's ruling without a hearing.

I believe we have made a strong case where it matters: the Fish and Game Commission started the process on Petition 2025-003, but it never finished it.

Do I guarantee we'll win?

Absolutely not.

My track record with California and ferrets has had, shall we say, a few issues.

But here's one of the questions I think the State has to answer.

Read these two parts of the law

Government Code §11340.7(b) says:

(b) A state agency may grant or deny the petition in part, and may grant any other relief or take any other action as it may determine to be warranted by the petition and shall notify the petitioner in writing of this action.

The State's position is essentially that the Commission satisfied its obligation when it referred our petition to the Department of Fish and Wildlife for further consideration.

Referral made. Obligation satisfied.

But then comes the very next subsection.

Section 11340.7(c) says an interested person may request reconsideration of an agency's decision on a petition, and that request must be made within 60 days after the decision.

How do we ask them to reconsider a decision they haven't made?
The Commission didn't grant Petition 2025-003.

It didn't deny Petition 2025-003.

It voted to give it “further consideration.”

And more than a year later, we're still waiting for that further consideration to produce an answer.

That's one of the issues the court now gets to consider.

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