Oakland, CA asked in Animal / Dog Law for California

Q: wife died while I was in jail roommate said he would care for my dog. homeless now his sister won't give my dog back.

She threatened to file restraining order said it's her dog now

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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 the dog is still yours, and someone is keeping it, that is a form of theft. Contact the police, even though they might not do anything.

You might also consider suing in Small Claims for the value of the dog and/or an order for its return to you. 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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