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

Q: Am I suppose to pay my neighbor for the surgery bill of my dog who’d been missing for a year & she knew it was mine?

My dog went missing over a year ago. We checked the animal shelter, roamed our neighborhood, & asked people if they had seen her- no luck. However, I recently got into an arguement with my neighbor who threatened my family & when she came back to apologize she admitted knowing where my dog was. She had been taking care of my dog who was attacked by a pitbull & had to have one leg amputated. She paid surgery bill without consulting my family, therefore depriving us of our choices. We are grateful, but the bill is really high & had we known then we would have euthanized her. She admitted knowing the dog was mine & never notifed me of her accident until now- a year later. She gave my dog to her friend to “take care of her” & never brought my dog home because we have children & didn’t want anything happening- a notice wouldn’t have hurt. Don’t know whether to believe her story? Why tell me a year later? What if she got hurt in their care & are trying to scam me? Is this considered theft?

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1 Lawyer Answer
William John Light
William John Light
Answered
  • Animal & Dog Law Lawyer
  • Santa Ana, CA
  • Licensed in California

A: I don't think you will be liable for vet bills because your neighbor does not appear to have had lawful possession.

Civil Code section 3051.

Every person who, while lawfully in possession of an article of personal property, renders any service to the owner thereof, by labor or skill, employed for the protection, improvement, safekeeping, or carriage thereof, has a special lien thereon, dependent on possession, for the compensation, if any, which is due to him from the owner for such service. . . .

There is a competing statute that allows a the finder of a domestic animal to save it from harm. The finder is then entitled to a reasonable charge. However, the finder is supposed to inform the owner "within a reasonable time", which didn't happen here, so perhaps no money is owed.

Civil Code § 2080. Duties of finder

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.

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=2080.&lawCode=CIV

It is unclear if you want the dog back or if you just want to know whether you owe any money. If you want the dog back, you will have to sue in Small Claims court. Ask for it back or for its value, in writing. Report it stolen. Sue whomever has it now in Small Claims for the value of the dog or its return.

If you sue, bring all evidence that the dog is your's, along with some kind of proof of value (receipts, offers for sale of similar dogs, etc.).

Plaintiff's Claim and ORDER to Go to Small Claims Court; Form SC-100 (Lawsuit for monetary damages)

Request for Court Order and Answer; Form SC-105 (Request for Return of Property, filed with SC-100)

Order on Request for Court Order; Form SC-105A

Proof of Service; Form SC-104

http://www.courts.ca.gov/forms.htm?filter=SC

No guaranties that these are the appropriate forms or that a Small Claims Judge will rule in your favor.

If you don't want the dog back, but want to avoid paying the vet bills, just say no. If you get sued in Small Claims, argue that they aren't entitled to compensation under Civil Code sections 2080 because there was no attempt to notify you within a reasonable time, and no compensation under 3051 because they weren't in lawful possession.

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