Stockton, CA asked in Animal / Dog Law and Landlord - Tenant for California

Q: After being kicked out of aunts house without notice, can she legally take my cat to the pound the next day?

I’m 20, I got kicked out of my aunts house today without notice. I was there for 3 years. Where I am temporarily staying, I cannot have my cat. My aunt is now saying she will bring the cat to the pound tomorrow if I don’t go get her tomorrow. I’ll have my own place in 7 weeks, so I’m trying to find someone to give her a place to stay until then. Can she take her to the pound when I only had less than a 24 hour notice of this?

1 Lawyer Answer
Chris M. Bradford
Chris M. Bradford
Answered
  • Santa Monica, CA
  • Licensed in California

A: If the cat belongs to your aunt, the answer is yes, she can take the cat to the pound. If the cat belongs to you, no she can't. A cat is considered personal property. If someone takes your personal property without your consent the remedy is to go to Small Claims Court asking the judge to order your aunt to repay you for the value of your cat. This is not a family law matter, even though you believe it as because your aunt is "family." You would not take this matter to the family law court. As a practical matter if she takes your cat to the pound, go to the pound and claim your cat. They will probably release the cat to you because most pounds are overcrowded. Best to take a photograph of your cat with you to identify the cat. Also bear in mind that when you go to Small Claims Court there is a filing fee, unless you get a fee waiver. Also it takes time. You also need to prove the value of your cat. There is probably more to this story than you are telling. For example, why is your aunt so mad at you that she kicked you out and is taking your cat to the pound in the first place? The Courts are sometimes not the best place to resolve matters. It sounds like you need a frank discussion of all the issues between you and your aunt.

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