Sacramento, CA asked in Animal / Dog Law for California

Q: I agreed to watch a dog for a month on Rover.It was paid before but they keep extending it without pay.What should i do?

I agreed to only watch him sept 15 to oct 10th. It has been months now. And they have a lot of excuses. They seem to want him but it's costing me more money than it's worth, especially since I have my own dog. They don't seem to want to pay. They keep saying they will but when that day comes total silence. I care for the dog(him) deeply but it is costing me more money to property damage to grooming since he's a husky. I want to get paid but what if they don't. What can I do?

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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: First of all, contact Rover. It is the entity that set up the agreement by which you have possession of the dog. That agreement may alter ordinary rights you might have under California law.

https://support.rover.com/hc/en-us/articles/206197553-What-do-I-do-if-I-have-concerns-about-the-well-being-of-a-dog-in-my-care-

https://support.rover.com/hc/en-us/articles/214702183-What-is-the-Rover-Resolution-Center-

However, if you agreed to accept payment for the extended stay outside of Rover, then you are on your own to resolve the problem. In that case, you probably have a lien on the dog for the daily kenneling rate, which means you shouldn't have to surrender the dog to the owner unless you have been paid in full. I would argue that your lien, entitling you to possession until paid in that circumstance, 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

Present the owners with a bill for the fees and damage and demand payment and retrieval of the dog by a certain date. If they don't pay and pick up by that date, sue in Small Claims for all the fees, maintenance and damage and an order that you are entitled to foreclose upon the lien by selling the dog and applying the proceeds to the Debtor's unpaid balance. Bring all evidence of the transaction (Rover agreement, itemization of all unpaid kenneling fees, grooming fees, and damages caused by the dog (estimates for repair/replacement)). If the dog cannot be sold after reasonable efforts, the Order should specify that you are entitled to surrender it to Animal Control or other appropriate shelter, or to keep it, if that is your desire.

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 (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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