Q: In California, can I sue the buyer for breach of contract and get the dogs back ? Along with monetary penalty ?
Buyer signed a contract. Breached contract in a few places the biggest being unauthorized breeding falling under “whether intentional or accidental” I have a monetary fee as well
As I can request the dogs back. I reached out to her and she blocked me. I filed in small
Claims but I’m curious if I can actually be awarded the dogs back. The female who had the litter isn’t even a year old. That to me is negligent. She also hasn’t abided by her county laws and hasn’t gotten them licensed or rabies shots. Both dogs have not been put into her name with either registry (AKC & ACA)
A:
Small claims is a division of the Superior Court and has jurisdiction over most civil disputes. It can provide the same remedies as the BIG court. However, Small Claims cannot hear a case that is just for "injunction" or an Order for her to return the dog to you. You have to be asking for DAMAGES ($$$) along with injunction. How did you suffer a monetary damage by her breach of contract?
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