Q: How do I get my dog back from a local business who found it after it escaped from my yard?
My dog escaped from our yard after a windstorm blew open our gate. We put up flyers, contacted all animal shelters within the county, and posted on various internet boards to no avail even though this dog is microchipped. Three weeks later we learned a good Samaritan had taken the dog to a local business the same day it was lost after finding it wandering in the street and that the employees kept the dog around the office for at least two days while renaming it. Now the business employees will not give us any information about what they did with the dog. I know it was my dog because of specific identifying information provided by the good Samaritan. How can I get these people to give my dog back?
A:
First, make a demand upon the owners of the business that it, or its employees, return your dog. If your demand is refused, you can bring a Small Claims action.
If you could convince a Small Claims judge that the dog found by the business is your dog, you can recover the value of the dogs and/or its return. If you sue, bring all evidence that the dog is yours (veterinary records, records of the terms of your adoption/purchase, photos, 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.
A: Correction: You would sue the business, and the employees who kept the dog and renamed it. By keeping the dog around the business for a couple of days, the business arguably ratified the conduct of the employees and became liable for it (if wrongful).
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