Q: Bred my male husky with my sisters female husky. Had a litter of 9 and now does not want to give me any. What can I do?
The agreement was that how ever many puppies were born, they would be split 50/50. If there was an odd number, she would get the extra one. In this case i would get 4 and she would get 5. The pups have just turned 6 weeks and she now does not want to give me any of the pups. Since they were born I have offered to help pay for food/supplies and even dedicate time to help supervise the pups. She has declined any of my assistance. I would think I should be entitled to at least one puppy. The puppy I did want (1st born) recently went into the vet because he was having trouble breathing. Spent 3 days in the hospital and a hefty bill. My sister paid the expense and now wants to keep this one as well. This puppy was not even one she was considering on keeping. She already has 2 adult huskies and is planning on keeping 2 of the male huskies and giving the rest away to good homes. All this was verbally and nothing in writing as you would think being family you wouldn’t need anything in writing.
A:
Ordinarily, you aren't entitled to any pups. The owner of the female gets them all. However, if you had an agreement, even verbal, it is enforceable. You can sue in Small Claims court to enforce the agreement, or for the monetary value of the 4 pups. If you have text messages or emails, wherein you accuse her of breaching the "agreement" and she doesn't deny that there ever was an "agreement", that becomes an admission acknowledging the existence of the agreement.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
