Legal & Courts  April 23, 2024

Judge declines to dismiss Slobber Shoppe pet-disposal lawsuit

FORT COLLINS — Larimer County District Court Judge Stephen Jouard has denied a motion to dismiss the lawsuit filed against Precious Memories Pet Cemetery and Crematory Inc.

On Jan. 26, Slobber Shoppe LLC and Western Skies Animal Rehabilitation LLC filed a lawsuit in which they claimed that Precious Memories breached contracts and fraudulently misrepresented its services in the disposal of pets sent to it on behalf of customers of those Windsor-based veterinary companies.

Precious Memories filed a motion to dismiss, saying that the two vet clinics lacked standing to file the lawsuit because they didn’t own any pets that had been sent to it for disposal. It also claimed that the lawsuit failed to cite enough specificity to permit a defense.

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Jouard ruled last Friday that the parties had standing to file the lawsuit and may have suffered an “injury in fact to a legally protected interest.” 

“The court finds that plaintiffs have failed, however, to plead with particularity claims for fraudulent misrepresentation and claims under the CCPA (Colorado Consumer Protection Act). … (I)t is unclear what fraudulent misrepresentations were made with regard to specific services …,” Jouard wrote.

He granted the plaintiffs’ motion to file an amended complaint with specific details and gave them 14 days to do so, and then permitted Precious Memories 14 days from that filing to respond.

The case is Slobber Shoppe LLC dba Edwards Veterinary Care and Western Skies Animal Rehabilitation LLC dba Western Skies End-of-Life Veterinary Care versus Precious Memories Pet Cemetery & Crematory Inc., case number 2024cv30072 filed Jan. 26, 2024, in Larimer County District Court.

A district court judge has declined to dismiss a lawsuit against a pet cemetery and crematory.

Ken Amundson
Ken Amundson is managing editor of BizWest. He has lived in Loveland and reported on issues in the region since 1987. Prior to Colorado, he reported and edited for news organizations in Minnesota and Iowa. He's a parent of two and grandparent of four, all of whom make their homes on the Front Range. A news junkie at heart, he also enjoys competitive sports, especially the Rapids.
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