Brea, CA asked in Animal / Dog Law and Small Claims for California

Q: My mother in law gave our family dog away while she was supposed to be watching it for us. What are our rights?

My husband was in BMT for the Air Force at the time and as such we were in between homes. I was residing at my mothers while recovering from delivering our baby girl that same month. My mother in law was watching our dog because the dog could not stay with me at my mothers (partly because of my moms apartment rules and also because I was physically unable to care for it at the time). My MIL gave it away to her coworkers because the dog became a nuisance to her with no compensation or documents and my husband wants the dog back. Her coworkers won’t even let us see the dog. We would like the dog back or at the very least some compensation since the dog is purebred and very expensive. Do we have the right to seek either? We still have the dogs records and proof of ownership.

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

A: If your MIL didn't give you the option to pick up the dog and find alternate lodging (in which case, she might be able to consider the dog abandoned), and just away the dog by surprise, then you have an argument that she stole the dog and wrongfully gave it away and that the recipient was receiving stolen goods.

In that case, you can sue the MIL for the value of the dog, and you can sue the recipient for the value/return of the dog. If you sue, bring all evidence that the dog is yours, 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.

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