Q: How and where do I file to get my stolen dog back from my ex wife
My ex wife and I went through a separation and during this time I was promised my dog. I had her sign a document claiming she would return the dog to me but recently has abruptly cut off all communication with me. I asked via letters and text over 35 times to retrieve my dog with no response. I went to the Sheriff's office and they went to the home but she doesn't answer and the Sherrif claims they can not enter the home. I have no choice but to sue or file for custody How do I go about this. All paperwork, licence, etc for the dog are registered to me and I was promised him back and I have a signed document proving this.
A:
You cue her in Small Claims court for return of the dog or for its fair market value. You can also request damages for "loss of use". Loss of use is calculated by referencing the rental value of
similar property which the plaintiff can hire for use during the period when he is deprived of the use of his own property. 23 Cal. Jur.3d, Damages, § 69, pp. 129-130; Collin v. Am. Empire Ins. Co., 21 Cal.App.4th 787, 818, (Cal. App. 1994). This is difficult to value for a dog, since they aren't available for rent generally, except in the motion picture industry. In Small Claims, you can get a Judgment of up to $10,000. Collecting is another issue.
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.
