Q: Can I legally take back my stolen dog in California?
My ex decided to abandon our apartment lease in St. Petersburg, Florida , steal my dog and move to California without notifying anyone. My dog is In my name microchip, vet records, boarding, grooming, etc. Florida won’t allow me to file a police report. If I go to California sheriffs department in his area and file a report, will I be able to legally obtain my dog without having to go through civil court?
A:
Law enforcement probably won't get involved as dog ownership is frequently hazy. Vet records, chip registration, are indicia of ownership, but s/he will probably be able to point to other indicia that suggest perhaps joint ownership.
You can sue in Small Claims court for return of the dog or for its fair market value. You can also request damages for "loss of use" 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. 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. In Small Claims, you can get a Judgment of up to $10,000.
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
No guaranties that these are the appropriate forms or that a Small Claims Judge will rule in your favor.
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