Q: A former friend gave me her dog because she's a homeless alcoholic. When is the dog legally mine?
She voluntarily gave me the dog on November 1st. She is an alcoholic, homeless, roaming the streets, no money. The dog needs $1600+ in medical care right now. My husband and I are ensuring the dog gets proper care, in all aspects. Is there a point when the dog is legally mine? I have told this woman when she is sober and living in a proper home, of course she can have her dog back. I'm not holding my breath on that.
A:
If she gave you the dog, as in gifted it to you, it's yours. However, it seems that you agreed to care for the dog while your friend was in need, and then return it. Spending money on the dog, for which you offered to care, doesn't make it yours.
It seems that the veterinary care might be beyond the scope of what you offered, though. If you don't want to spend the money, then either contact the friend and return it, or surrender it to Animal Control.
If you want to provide for veterinary care that is beyond the scope of your original agreement, then you might have a lien on the dog for the value the veterinary expenses you have paid to date, plus the additional daily kenneling fees beyond the term that you originally agreed to keep the dog. I would argue that your lien, entitling you to possession until paid, arises from Civil Code section 3051, which provides:
"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. . . . "
https://codes.findlaw.com/ca/civil-code/civ-sect-3051.html
You should not have to surrender possession of the dog to the owner until the lien is paid in full, assuming those expenses were beyond the scope of your original agreement.
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