Pittsburg, CA asked in Animal / Dog Law for California

Q: A friend gave me her French bulldog due to not having a home and being in an abusive relationship. I agreed to take in

The dog. I have had him for 6 months and now said friend wants him back. Is there anything I can do? She has not contacted me until now and has not financially taken care of the dog. She stated that her boyfriend had been abusive towards the dog and I feel unsure of putting him back in that situation.

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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: If she "gave" you the dog, it's yours. A completed gift cannot be revoked.

Civil Code Section 1146. A gift is a transfer of personal property, made voluntarily, and without consideration.

Civil Code Section 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.

Civil Code Section 1148. A gift, other than a gift in view of impending death, cannot be revoked by the giver.

https://law.justia.com/codes/california/2009/civ/1146-1148.htmls.

If you agreed to watch it, then give it back. You being unsure of the boyfriend does not give you ownership rights if you were only watching it. You don't specify whether, if you were watching it, the owner agreed to compensate you. If that is the case, you can retain the dog until paid. However, if your agreement to watch was without compensation, then give it back.

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