Q: If a cat is left in your possession for 9 months and you give them 30 day notice your keeping it. Is that’s stealing?
I was living with a friend and her mother in a three bedroom home. One of the mothers friends and her friends daughter became homeless and left the cat at the house I was living in. The cat took shelter in my room. Never leaving. I took sole care of the cat for 9 months. Which they were aware of. I gave them a 2 month notice I would be moving and taking the cat and they would not get him back. They huffed and puffed but never came and took the cat. I moved early giving them 1 month and a week. They are contacting me 4 months later arguing with me saying they’re going to take me to court and that it is stealing. I ended up rehoming the cat to a friend who moved away. Can they take me to court? I belive I am in the right for how long I posesed the cat and I did give them notice before hand. What do you think? I live in California sacramento county if that helps with law specifics. Thank you!
A: I think the fact that you were left with the cat; that you gave notice to the owners; and that they never came to pick it up, gives you possession of the cat. It may be a close call, but the "owners" would have to go to Small Claims Court over this, and I doubt that they would. If the cat is now not with you, it makes it even more difficult for everyone to sort this out. In my opinion, you did not steal the cat.
A:
If you contend that the cat was given to you, then you were free to give it away. 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
If you contend that the cat was abandoned, different statutes apply:
California Civil Code, Section 2080
Any person who finds a thing lost is not bound to take charge of it, unless the person is otherwise required to do so by contract or law, but when the person does take charge of it he or she is thenceforward a depositary for the owner, with the rights and obligations of a depositary for hire. Any person or any public or private entity that finds and takes possession of any money, goods, things in action, or other personal property, or saves any domestic animal from harm, neglect, drowning, or starvation, shall, within a reasonable time, inform the owner, if known, and make restitution without compensation, except a reasonable charge for saving and taking care of the property. Any person who takes possession of a live domestic animal shall provide for humane treatment of the animal.
2080.1. (a) If the owner is unknown or has not claimed the property, the person saving or finding the property shall, if the property is of the value of one hundred dollars ($100) or more, within a reasonable time turn the property over to the police department of the city or city and county, if found therein, or to the sheriff's department of the county if found outside of city limits, and shall make an affidavit, stating when and where he or she found or saved the property, particularly describing it. If the property was saved, the affidavit shall state:
(1) From what and how it was saved.
(2) Whether the owner of the property is known to the affiant.
(3) That the affiant has not secreted, withheld, or disposed of any part of the property.
(b) The police department or the sheriff's department shall notify the owner, if his or her identity is reasonably ascertainable, that it possesses the property and where it may be claimed. The police department or sheriff's department may require payment by the owner of a reasonable charge to defray costs of storage and care of the property.
So, by the letter of the law, after notice to the owner, you should have turned the cat over to the police (who would have directed you to Animal Control).
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