Q: Husband rehomed wife’s dogs while she was at work.
Wife received 2 dogs as presents when they were puppies, all vet bills and microchips are only in wife’s name. Husband placed rehoming ad online for both dogs. When interested party came to house, husband explained that he had not spoken to his wife yet so they needed to be open to returning the dogs if wife wasn’t in agreement. Husband let party take dogs but did not give them the AKC papers or sign any contracts or bill of sale or transfer microchip. Wife came home and immediately demanded dogs to be returned. Husband contacted the party and explained situation and they agreed to give dogs back. When husband and wife arrived at party’s house to pick dogs back up they changed their mind and refused to give dogs back. Police were called and indicated it’s a civil matter even though wife had AKC papers and listed as owner on microchip. What type of civil case is this or how to file?
A:
To be honest, none of this sounds true or makes sense. Why would a husband rehome dogs that don't belong to him? Why would he take out ads online without informing his wife? Why would he let the dogs go to a new home with an "understanding" that they might have to be returned once he spoke to his wife? He could have just spoken to his wife beforehand. It's absurd. I suspect that the new "owners" have a substantially different story.
If you could convince a Small Claims judge that you have an honest story, the wife could sue in Small Claims for the value of the dogs and/or their return. If the wife sues, bring all evidence that the dogs are are hers (veterinary records, records of the terms of your agreement, etc), 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
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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