An Orange County judge rejected Barkworks pet stores’ bid to dismiss a lawsuit against the chain, but did grant the company’s request to force most future claims to arbitration, attorneys said Monday.
The Animal Legal Defense Fund filed the lawsuit against Barkworks in 2014, alleging “that the company systematically violated California consumer protection law by tricking consumers into buying sick ‘puppy mill’ dogs.”
The lawsuit against the pet store chain, which has locations in Orange, Los Angeles, Ventura and Riverside counties, was amended in October to be a proposed class action.
The ruling rejecting the dismissal motion came Friday. The next hearing in the case is set for April 15.
Barkworks attorney Daniel Silverman denied the organization’s claim that the chain’s stores are “puppy mills” that sell sickly animals to customers.
He said Barkworks settled an earlier lawsuit that prompted changes in contract language with customers. The company promises a 150 percent reimbursement of veterinarian bills if one of the dogs it sells gets sick, or a customer can get a full refund.
“Barkworks wouldn’t be in business very long selling sick puppies,” said Silverman, who argued that less than 2 percent of its canines get sick after they are taken home.
Silverman accused the organization of continuing a campaign to get any for-profit company selling dogs shut down because it favors rescue groups instead.
Barkworks tried to go the rescue-dog route “and it was a complete and utter disaster” because those puppies “were far more sickly” than the ones the chain typically has sold from breeders, Silverman said.
— Wire reports