San Jose, CA asked in Animal / Dog Law and Civil Litigation for California

Q: My sister in law asked me to "hold" her dog

She couldnt have it in her apartment so i did but couldnt do it anymore. i contacted her for days but i got no responce. I gave the dog to a loving family that could keep it perminately. Now she wants it back. I dont want the dog going from home to home. she's now telling me she will call the police if i dont give it back. Can i get in trouble for this?

1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: This question is really missing some information. Did you ask sister to get dog because you could not keep it? How long did you give her to get it? Did you tell her you were going to give it to someone else? Why didn't you just give it to the pound as an abandoned dog? (because you did not want it killed of course)

Really, it is not your dog and it is not up to you whether the family gives it back to her or not. Just don't ever take it from her or even let her bring it into your house again.

The dog is not in your possession. How will the police make you give it to her if they come to your house and it is not there?

Legally, when you asked sis to take dog back and she did not do it in a reasonable time, it was abandoned by her. There are laws re: abandoned property- you are supposed to turn over to police for 90 days , but they don' t want a dog, they want the gold watch. So you probably acted reasonably.

There is an old adage: " No good deed goes unpunished."

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