Q: I left my pet birds with people to care for while I was in transition & now they're refusing to give them back.
After about 3 weeks in their care, I started contacting them to get my birds back. Over 3 months AFTER I starting asking to get them back I received an email telling me one had passed. Now they refuse to give me the other one back saying that I "surrendered" my birds to them. This is not true.
I have a small claims case I've filed, but now I was told that's not the way to go because the court will only give me money, not my bird.
A:
It will depend on whether you can prove that the arrangement was temporary, and/or that the agreement was for the 3 weeks. I assume that the other party will argue that you gave them the birds, or left them for so long that you abandoned them. Hopefully, you have emails, texts, voicemails, etc., that verify your position.
If you left the birds for longer than originally anticipated, you would likely owe them a daily aviary fee, if you are entitled to return of the birds.
Small claims is the appropriate venue for your claims, assuming that the value of the birds is $10k or less. You can sue for monetary damages (the value of the birds), and include a request for an order for return of the birds. You would only be entitled to one of the remedies for each bird. since you have already filed, you will need to either dismiss and re-file, or file amended documents to include the Order for Return of Property (which is the cheaper option and I assume that it is an appropriate way to handle this, but I can't predict how the Small Claims Clerk will respond). All documents have to be served upon the Defendants properly.
As for deceased bird, you could include the value of that bird in your lawsuit. There might not be any evidence that it is actually deceased (photos, vet records, etc.), or that the bird died of natural causes.
If you sue, bring all evidence that the birds are yours (veterinary records, records of the terms of your agreement, etc), along with some kind of proof of value (receipts, offers for sale of similar birds, 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
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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