Q: Can Owner B take the dog back? Will the Judge force us to give the dog back to Owner B, even after it was given us?
Summary of it -- Owner A is the main breeder, & had the dog a few months before selling it to Owner B... Owner B is a backyard breeder & only had the dog for a few months as well... Owner B was going to give the dog to a Rescue, but instead gave the dog to us... We have had the dog for 4 years & Owner B still wont give us the papers the dog has & says she will take us to court to get the dog back.
Owner B has also tried to bribe us with the Papers in-exchange for the dog being mated or spayed, or we give Owner B $1,000. . .We do NOT want to mate, spay, nor give the money... Can Owner B legally take the dog back? Will the Judge force us to give the dog back to Owner B, Even after we were given the dog & have had the dog for so long? We love the dog so much & do lots of stuff. We care very much for the dog & take very well care of the dog too. The Dog was in bad conditions & abused when we got her also.
- Sorry if this is confusing. I tried putting in the best way possible. -
A:
NEED MORE INFO
HOWEVER, I WOULD THINK THE DOG IS YOURS........ESPECIALLY IF YOU CAN SHOW SHOTS, MED BILLS, GROOMING BILLS.
YOU SHOULD CONSIDER A DEMAND LETTER IN WRITING FOR THE PAPERS, RETURN RECEIPT REQUESTED. ... AND SEND A COPY BY REGULAR MAIL.
SET FOR THE FACTS YOU HAVE PRESENTED, DEMANDING THE PAPERS...........AND ENDING WITH
IF WE DO NOT RECEIVE WITHIN 15 DAYS WE WILL PURSUE ANY AND ALL LEGAL REMEDIES AT OUR DISPOSAL.
THEN FILE IN SMALL CLAIMS COURT AND MAYBE EVEN CONTACT LOCAL POLICE FOR EXTORTION CHARGES AGAINST THEM.
William John Light agrees with this answer
1 user found this answer helpful
A:
If the dog was given to you, then it is yours. If there were conditions to Owner's B's transfer of custody, then maybe it isn't yours.
CIVIL CODE SECTION 1146-1148
1146. A gift is a transfer of personal property, made voluntarily, and without consideration.
1147. A verbal gift is not valid, unless the means of obtaining possession and control of the thing are given, nor, if it is capable of delivery, unless there is an actual or symbolical delivery of the thing to the donee.
1148. A gift, other than a gift in view of impending death, cannot be revoked by the giver.
https://law.justia.com/codes/california/2005/civ/1146-1148.html
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