Q: My former boyfriend friend and roomate have known each other almost 10 years. During that time we've had a special
Dog in our lives. At this stage we have been friends only & he needed to work as a trucker. I have been caring for dog for many months in my home. Verbally we agreed we would always share custody of our dog. I wasn't paid anything to care for him and I've paid a $300 pet deposit at my apartment, $10 per month pet rent and that stuff because the dog is worth it. We had a spat and he wanted to take the dog away from me. He called police and the police came to my home. They saw my papers and told him that we both have paperwork indicating ownership of the dog so he will have to sue me in court to get the dog back. He didn't listen to them and stole the dog right out of my arms while puppers & I were outside after police had told us how to handle this. He drove off with the dog. I don't know how to get my dog back and he is trying to dictate terms saying I can't see the dog unless I do this this & this. His terms are not fair or trustworthy. What form can I file in court to work this out?
A:
There is no "form" that works this out. Court can't help you. You have created an impossible situation. Joint ownership in a dog. Living in two separate places, angry with each other and using the dog to get back at one another.
You can file a quiet title to personal property action. (Code of Civil Procedure section 760.010, et seq.) The result of that will be thousands of dollars in legal fees and a Judgment from the court that you own the dog in some proportion. It does not establish visitation rights, or a custody schedule, or anything like it.
You can file a lawsuit for trespass to chattel or conversion. (CACI 2100, 2101). If you win, you can be awarded damages for the value of being deprived of access to your personal property (the dog). That is likely a Small Claims case and good luck collecting.
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