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PETITION FOR WRIT OF MANDAMUS

(California Code of Civil Procedure §1085)

Petitioner:
 Christina Urrutia Ureña

Respondents:
 Town of Windsor, Windsor Police Department, and North Bay Animal Services (NBAS)

Subject of Petition:
 Return of 28 dogs seized on December 9, 2025

I. INTRODUCTION

Petitioner Christina Urrutia Ureña respectfully petitions this Court for a writ of mandamus compelling Respondents to perform their mandatory legal duties under California law by returning the 28 dogs unlawfully seized from her foster‑based rescue operation on December 9, 2025 in Windsor, California.

Respondents failed to comply with statutory requirements governing animal seizure, notice, documentation, due process, and post‑seizure procedures. As a result, Petitioner has been deprived of her property without lawful cause, without required notice, and without an opportunity to be heard, in violation of state law and constitutional protections.

A writ is necessary because Respondents have refused to return the animals, refused to provide required records, and continue to act outside the scope of their legal authority.

II. JURISDICTION AND VENUE

This Court has jurisdiction under California Code of Civil Procedure §1085, which authorizes writs compelling government agencies and contracted entities to perform mandatory duties.

Venue is proper in this Court because the seizure occurred in Windsor, Sonoma County, and Respondents operate within this jurisdiction.

III. PARTIES

Petitioner

Petitioner Christina Urrutia Ureña is the founder and director of a foster‑based animal rescue operating in Sonoma County. At all relevant times, she lawfully possessed and cared for the 28 dogs seized by Respondents.

Respondents

  1. Town of Windsor – the municipal authority responsible for oversight of animal control operations.
  2. Windsor Police Department – the agency that participated in or authorized the seizure.
  3. North Bay Animal Services (NBAS) – a private contractor performing animal control and sheltering services on behalf of the Town of Windsor.

Each Respondent is legally obligated to comply with California seizure statutes, due process requirements, and mandatory post‑seizure procedures.

IV. FACTUAL BACKGROUND

  1. On December 9, 2025, Respondents seized 28 dogs from Petitioner’s rescue operation.
  2. Respondents did not provide legally required written notice, including the reason for seizure, statutory authority, or instructions for reclaiming the animals.
  3. Respondents did not provide an itemized list of animals taken, their condition, or any supporting documentation.
  4. Petitioner was not given an opportunity to contest the seizure, request a hearing, or present evidence as required by California law.
  5. Respondents have refused to return the animals, despite Petitioner’s repeated requests and despite the absence of any lawful order transferring ownership.
  6. Respondents have withheld records, provided inconsistent explanations, and failed to comply with mandatory timelines and procedures.
  7. The seizure and continued withholding of the animals constitute an unlawful deprivation of property and a violation of Petitioner’s due process rights.

V. LEGAL BASIS FOR WRIT OF MANDAMUS

A writ of mandamus is appropriate when:

  1. A public agency has a mandatory duty to act;
  2. The petitioner has a clear and beneficial right to performance of that duty; and
  3. No other adequate remedy exists.

Respondents violated mandatory duties under:

  • California Food & Agricultural Code §§ 31108, 31752, 31753, 597.1
  • California Penal Code §597.1
  • California Constitution, Article I, §7 (due process)
  • Contractual obligations between the Town of Windsor and NBAS

Respondents failed to:

  • Provide required written notice
  • Provide a hearing opportunity
  • Provide documentation of the animals seized
  • Follow statutory timelines
  • Return the animals when no lawful basis existed to retain them

These failures make mandamus relief appropriate and necessary.

VI. HARM SUFFERED

Petitioner has suffered:

  • Loss of possession of 28 animals
  • Damage to her rescue operations
  • Reputational harm
  • Emotional distress
  • Interference with her ability to relocate her rescue and continue operations
  • Ongoing deprivation of property without due process

No adequate legal remedy exists other than issuance of a writ.

VII. REQUEST FOR RELIEF

Petitioner respectfully requests that this Court:

  1. Issue a writ of mandamus compelling Respondents to immediately return the 28 dogs seized on December 9, 2025.
  2. Order Respondents to produce all records, reports, photographs, and documentation related to the seizure.
  3. Declare that Respondents violated mandatory statutory and constitutional duties.
  4. Award costs and any other relief the Court deems just and proper.

VIII. VERIFICATION

I, Christina Urrutia Ureña, declare under penalty of perjury under the laws of the State of California that the facts stated in this petition are true and correct to the best of my knowledge.

Executed on ____________, 2026

SUPERIOR COURT OF CALIFORNIA

COUNTY OF SONOMA

CHRISTINA URRUTIA UREÑA,
Petitioner,

v.

TOWN OF WINDSOR,
WINDSOR POLICE DEPARTMENT, and
NORTH BAY ANIMAL SERVICES,
Respondents.

PETITION FOR WRIT OF MANDAMUS
 (California Code of Civil Procedure §1085)

Petitioner:
 Christina Urrutia Ureña

PETITION FOR WRIT OF MANDAMUS

Petitioner Christina Urrutia Ureña alleges as follows:

I. INTRODUCTION

  1. Petitioner respectfully seeks a writ of mandamus compelling Respondents to perform their mandatory legal duties under California law by returning the 28 dogs unlawfully seized from her rescue operation on December 9, 2025 in Windsor, California.
  2. Respondents failed to comply with statutory requirements governing animal seizure, notice, documentation, due process, and post‑seizure procedures. As a result, Petitioner has been deprived of her property without lawful cause, without required notice, and without an opportunity to be heard.
  3. A writ is necessary because Respondents have refused to return the animals, refused to provide required records, and continue to act outside the scope of their legal authority.

II. JURISDICTION AND VENUE

  1. This Court has jurisdiction under Code of Civil Procedure §1085, which authorizes writs compelling government agencies and contracted entities to perform mandatory duties.
  2. Venue is proper in Sonoma County because the seizure occurred in Windsor, and Respondents operate within this jurisdiction.

III. PARTIES

A. Petitioner

  1. Petitioner Christina Urrutia Ureña is the founder and director of a foster‑based animal rescue operating in Sonoma County. At all relevant times, she lawfully possessed and cared for the 28 dogs seized by Respondents.

B. Respondents

  1. Town of Windsor is the municipal authority responsible for oversight of animal control operations.
  2. Windsor Police Department participated in or authorized the seizure.
  3. North Bay Animal Services (NBAS) is a private contractor performing animal control and sheltering services on behalf of the Town of Windsor.
  4. Each Respondent is legally obligated to comply with California seizure statutes, due process requirements, and mandatory post‑seizure procedures.

IV. FACTUAL BACKGROUND

  1. On December 9, 2025, Respondents seized 28 dogs from Petitioner’s rescue operation.
  2. Respondents did not provide legally required written notice, including the reason for seizure, statutory authority, or instructions for reclaiming the animals.
  3. Respondents did not provide an itemized list of animals taken, their condition, or any supporting documentation.
  4. Petitioner was not given an opportunity to contest the seizure, request a hearing, or present evidence as required by California law.
  5. Respondents have refused to return the animals despite repeated requests and despite the absence of any lawful order transferring ownership.
  6. Respondents have withheld records, provided inconsistent explanations, and failed to comply with mandatory timelines and procedures.
  7. The seizure and continued withholding of the animals constitute an unlawful deprivation of property and a violation of Petitioner’s due process rights.

V. LEGAL BASIS FOR WRIT OF MANDAMUS

  1. A writ of mandamus is appropriate when:
    a. A public agency has a mandatory duty to act;
    b. The petitioner has a clear and beneficial right to performance of that duty; and
    c. No other adequate remedy exists.
  2. Respondents violated mandatory duties under:
  • California Food & Agricultural Code §§31108, 31752, 31753, 597.1
  • California Penal Code §597.1
  • California Constitution, Article I, §7
  • Contractual obligations between the Town of Windsor and NBAS
  1. Respondents failed to:
  • Provide required written notice
  • Provide a hearing opportunity
  • Provide documentation of the animals seized
  • Follow statutory timelines
  • Return the animals when no lawful basis existed to retain them
  1. These failures make mandamus relief appropriate and necessary.

VI. HARM SUFFERED

  1. Petitioner has suffered:
  • Loss of possession of 28 animals
  • Damage to her rescue operations
  • Reputational harm
  • Emotional distress
  • Interference with relocation and ongoing operations
  • Continued deprivation of property without due process
  1. No adequate legal remedy exists other than issuance of a writ.

VII. PRAYER FOR RELIEF

Petitioner respectfully requests that this Court:

  1. Issue a writ of mandamus compelling Respondents to immediately return the 28 dogs seized on December 9, 2025.
  2. Order Respondents to produce all records, reports, photographs, and documentation related to the seizure.
  3. Declare that Respondents violated mandatory statutory and constitutional duties.
  4. Award costs and any other relief the Court deems just and proper.

VIII. VERIFICATION

I, Christina Urrutia Ureña, declare under penalty of perjury under the laws of the State of California that the facts stated in this petition are true and correct to the best of my knowledge.

Haas v. County of San Bernardino (2002) is the California Supreme Court’s landmark case on financial bias.

Key Principles You Can Use

  • A temporary or ad‑hoc hearing officer cannot be neutral if their future employment depends on pleasing the government agency hiring them.
  • The Court held that this creates an “unacceptable risk of bias” because the officer has a pecuniary interest in ruling for the agency.

How it applies to your facts

  • Windsor hires the hearing officer.
  • Windsor pays the hearing officer.
  • Windsor decides whether to hire them again.
  • Windsor is also the prosecuting party.

That is the exact configuration Haas prohibits.

  • Shelter Contract
     The Town pays the shelter a fixed monthly amount. If the Town loses, it undermines the justification for the seizure and the contract expenditures.
  • Town Attorney + Hearing Officer
     Both are paid by the same entity. Even if they are not direct colleagues, they are financially subordinate to the same employer.
  • Outcome Dependence
     A ruling against the Town is a ruling against the hearing officer’s own payor and potential future employer.

This is not about proving actual bias.
It’s about showing structural bias, which is enough under Haas.

 Government Code § 11425.30 — Functional Conflict

This statute bars anyone from serving as a presiding officer if they have acted as an investigator, prosecutor, or advocate in the same proceeding.

You’re not arguing that the hearing officer literally prosecuted the case.
You’re arguing that:

  • Their financial dependency on the same employer as the prosecutor
  • Creates a functional alignment with the prosecuting agency.

California courts have repeatedly emphasized that the appearance of bias is enough to violate due process.

Commingling of Functions — Nightlife Partners

Nightlife Partners v. Beverly Hills reinforces that when prosecutorial and adjudicative functions are intertwined within the same entity, due process is compromised.

Your facts:

  • Town Attorney = prosecutor
  • Town Hearing Officer = adjudicator
  • Both paid by the same Town Council
  • Both subordinate to the same Town Manager

5. Rank/Subordination Conflict — Penal Code § 597.1(f)(6)

This statute requires that the hearing officer be independent from the seizing agency.

If the hearing officer is:

  • Paid by the Town
  • Appointed by the Town
  • Professionally subordinate to the Town
  • And the Town is the seizing agency

…then independence is impossible.

I object to the current hearing arrangement on the grounds of systemic financial bias and a violation of the Haas v. County of San Bernardino standard. The Town of Windsor is the employer and payor of the prosecuting attorney, the seizing agency (Animal Control), and the Hearing Officer. This creates an unacceptable risk of pecuniary bias because the Hearing Officer’s continued employment and future assignments are financially dependent on the same entity that initiated and seeks to uphold the seizure.

Under Haas, a temporary or ad-hoc hearing officer who relies on the appointing agency for future work has a disqualifying pecuniary interest. Additionally, the Town’s unified control over both prosecutorial and adjudicative functions constitutes impermissible commingling under Nightlife Partners v. Beverly Hills. The arrangement also violates the independence requirement of Penal Code § 597.1(f)(6) and the functional neutrality requirements of Government Code § 11425.30.

For these reasons, I respectfully move to disqualify the Hearing Officer for cause.

2022

Subject: Contesting Citations and Request for Advance Deposit Hardship Waiver

To Whom It May Concern,

I am writing to formally contest the citation(s) issued by the town of Windsor on the behalf of the property owner,at 7064 Hastings Pl, along with any other responsible party.

It is imperative to highlight that the actions taken by personnel of the town of Windsor represent a clear violation of the Fourth Amendment to the United States Constitution, which safeguards personal privacy and protects individuals from unreasonable government intrusion into their persons, homes, businesses, and property.

Upon careful examination of the records released by the town of Windsor, it is evident that there was no probable cause and no warrant for any investigation conducted. Furthermore, any complaint mentioned in the records pertains to a property behind 7064 Hastings Pl, not the property in question. The misidentification of a 25 ft 5th wheel trailer parked behind 7064 Hastings Pl as a reason for accusing the owners of code violations is perplexing and baseless.

Moreover, it appears that there was collusion between the town of Windsor and North Bay Animal Services to fabricate false documentation and claims against the property in question, with the aim of manufacturing probable cause. Such actions constitute a violation of USC code 42 section 1983, which holds individuals accountable for depriving others of their constitutional rights while acting under the color of law.

It is worth noting that North Bay Animal Services has since retracted their involvement due to their unlawful actions, which were not in compliance with state and federal laws. However, the town of Windsor has neglected to address these violations, thereby allowing them to persist.

These unlawful and malicious actions not only put the property owners at risk of financial hardship but also violate the Eighth Amendment of the United States Constitution, which prohibits excessive fines. The Supreme Court ruling in United States v. Bajakajian serves as a precedent, demonstrating that fines must be proportionate to the offense committed.

Furthermore, any evidence obtained through unlawful means, such as an unreasonable search and seizure, should be excluded from consideration, in accordance with the exclusionary rule. Therefore, any alleged evidence currently or planned to be used against the property owners of 7064 Hastings Pl should be deemed inadmissible.

Given the circumstances outlined above, I kindly request a waiver for the advance deposit hardship. The property owners, who are elderly and financially vulnerable, are already facing undue burden as a result of these citations and cannot afford to deposit additional funds.

Your prompt attention to this matter and fair consideration of our request are greatly appreciated.

Sincerely,

Christina Urena