Los Angeles, CA asked in Animal / Dog Law and Civil Litigation for California

Q: Animal services is trying to euthanize my dog. I need to file something to get a Writ of Mandate to stop the euthanasia

How do I do this?

2 Lawyer Answers
Eric Gene Young
Eric Gene Young
Answered
  • Santa Rosa, CA
  • Licensed in California

A: As a dog lover myself with two rescues, I am truly sorry you are experiencing this. The first thing you need to do is to contact animal services and request an administrative hearing. Most every city or county gives an opportunity for a hearing before they euthanize a companion canine. Your request should be made in writing, and it should be hand-delivered, faxed, or emailed. If you hand deliver it, get a receipt or some sort of writing to evidence that you delivered it. In the written request, tell them that you (1) oppose the euthanizing of your dog, (2) request the return of your dog, and (3) if they do not promptly return your dog, you want a hearing to contest the euthanizing of your dog. If you speak to anyone at animal services by telephone, keep notes of whom you spoke to. If you have already tried this and were not given a hearing, or you had a hearing and animal services decided against you, you can file a Petition for Writ of Mandate to the Superior Court of the county in which you reside. Here is a link to a comprehensive information sheet about Petitions for Writs of Mandate - http://www.courts.ca.gov/partners/documents/APP-150-INFO.pdf. This describes the forms that you need to file, how to serve it, etc. All forms can be obtained at the California Judicial Council's website, which you can find here - http://www.courts.ca.gov/forms.htm. I wish you the best of luck. I would be apoplectic if anyone wanted to harm my dogs.

William John Light agrees with this answer

William John Light
William John Light
Answered
  • Animal & Dog Law Lawyer
  • Riverside, CA
  • Licensed in California

A: You are entitled to a hearing. Tell Animal Control that you want a hearing, or want to appeal their decision. It should be able to tell you what to do to get a hearing. If your dog bit another person, you may not have much of a chance, though.

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