Q: If my dog is registered as an emotional support dog an someone else keep her from you??
My mom had my dog in her care till I was able to have her. Well in the process of getting my dog my mom had moved and was in the process of getting her animals to her new house but before she could do that animal control came and took them. But my step dads mom went and got two of the dogs. I ask her if I’m able to get my dog from her. And she told me today that she is keeping her. But I have her registered to me as my emotional support dog. Can she keep her from me?
A: If you can prove the dog is yours, you can call the police and report a theft. You could also sue Animal Control and your step mom for the value of the dog, and/or, in your step mom's case, for the dog's return. Registration as a emotional support dog isn't proof of ownership. There is no official registration, just some companies selling cards online. A city or County license, adoption papers, veterinary bills that show you paid for care, are probably better, stronger evidence.
A:
For any suit against Animal Control, you first need to file a Tort Claim against the city or county (depending on which Animal Control released the dog to your step mom). http://www2.oaklandnet.com/oakca1/groups/hrm/documents/translateddocument/oak031161.pdf
Upon denial of the claim, you can file suit in Small Claims court against the government entity and your step mom. http://www.alameda.courts.ca.gov/Pages.aspx/Small-Claims
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