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California Animal / Dog Law Questions & Answers
2 Answers | Asked in Animal / Dog Law for California on
Q: My dog pee it was just 3 little drops on a piece of clothing at a pet store do we have to pay for it. No sign or contact
William John Light
William John Light
answered on Feb 16, 2024

You think that you need a sign to tell you that your dog can't pee on merchandise? You destroyed someone else's property through your negligence in controlling your dog. You should have made sure your dog had opportunity to do his business before you brought him into the store. Pay for... View More

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1 Answer | Asked in Animal / Dog Law for California on
Q: I called animal control regarding dogs in a "no dogs allowed" park. They arrived only to leave. How can I follow up?

I watched the van pull in after I called. They drove right past where the incident was recorded and then just left. They looked right at a few offenders and chose not to enforce the law. I want accountability. How do I proceed?

James L. Arrasmith
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answered on Feb 21, 2024

If you're dissatisfied with the response from animal control, there are steps you can take to address your concerns. Firstly, consider reaching out to the animal control agency directly to inquire about the actions taken during their visit to the park. Politely express your observations and... View More

1 Answer | Asked in Animal / Dog Law for California on
Q: It is a very long story,but the sd humane society euthanized my dog unlawfully. I want to find out my options.

I have a short version of the last thing that conspired between myself and sdhs. If interested in hearing and helping, let me know. I'll send it.

James L. Arrasmith
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answered on Feb 21, 2024

If the San Diego Humane Society euthanized your dog unlawfully, you may have legal options to pursue. Under California law, pet owners have certain rights and protections regarding the treatment of their animals. Unlawful euthanasia could potentially constitute negligence or even animal cruelty,... View More

1 Answer | Asked in Animal / Dog Law for California on
Q: I'm disabled and you can see by looking at me am I required to pay pet deposit and if not what law says I dont

I was not aware that my sister did not tell them I had service dogs 2 months after I moved in I notified them and requested my pet deposit back and the pet rent. They keep trying me to fill up the esa form for emotional support animal. They say I need to show proof of shot records and give them a... View More

James L. Arrasmith
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answered on Feb 22, 2024

Under California law, landlords are required to make reasonable accommodations for tenants with disabilities, which includes allowing service animals to live with them without charging pet deposits or pet rent. This is in accordance with both federal law, under the Americans with Disabilities Act... View More

4 Answers | Asked in Animal / Dog Law and Personal Injury for California on
Q: Can I sue my boyfriend or his renters insurance for dog bites if I was living with him at the time?

The dog bit me at least 8 times.. he would usually pull the dog off of me. But not every time.. I have been to the ER several times. He never corrected the behavior. I have witnesses. I'm terrified whenever I hear a dog bark now. I would have moved out sooner but had to save money. Now that I... View More

James L. Arrasmith
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answered on Jan 29, 2024

Under California law, you may have grounds to pursue legal action for the dog bites you've suffered. California is a strict liability state regarding dog bites, meaning the dog's owner can be held liable for injuries caused by their dog, regardless of the dog's previous behavior or... View More

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2 Answers | Asked in Animal / Dog Law, Criminal Law and Personal Injury for California on
Q: will i get in trouble if i shoot a dog attacking me while walking with a bb gun in california at the age of 17?

would i get arrested or in serious legal trouble. I recently just got attacked by a dog as well as my dog and if i had a bb gun and shot the bb gun at the attacking dog and killed it would i be in serious trouble?

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answered on Jan 11, 2024

In California, using a BB gun in self-defense against a dog attack can lead to complex legal situations, especially for a minor. The law typically allows for self-defense against an imminent threat, but the use of a BB gun, particularly if it results in the death of the dog, could raise legal... View More

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2 Answers | Asked in Animal / Dog Law for California on
Q: if a person has her pitbul do his business in my planter , can she threaten me by having her dog attack me

....if I went out to tell the dog's owner to get the dog out of my planter

William John Light
William John Light
answered on Jan 7, 2024

The dog owner is stricly liable if the dog bit you. If the dog tripped you or otherwise injured you, the dog owner is liable if he was negligent in the ownership and control of the dog. If the dog owner intentionally injured you with the dog, that would probably be a crime and you should call the... View More

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1 Answer | Asked in Animal / Dog Law for California on
Q: my dog is at animal control in Lancaster ca. won’t release him until he gets fixed&gave me paper to sign that I haven’t?

He was my dads dog who past away and he lived in bullhead arizona. I’m not sure if that could help? I don’t want to get his balls cut off and neither did my dad. And this is 1st time he has been impounded.

James L. Arrasmith
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answered on Jan 3, 2024

Under California law, many counties and cities have ordinances requiring the spaying or neutering of dogs and cats, particularly when they are impounded. This is often part of a broader effort to control the pet population and reduce the number of stray animals.

In Lancaster, CA, if animal...
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1 Answer | Asked in Animal / Dog Law for California on
Q: Can someone take a picture of my dog outside my gate an have animal control come onto my property an seize my dog
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answered on Jan 1, 2024

In California, the circumstances under which animal control can enter your property and seize a dog are governed by both state law and local ordinances. Generally, animal control officers must have reasonable cause to believe that an animal is being mistreated or neglected, or that it poses a... View More

1 Answer | Asked in Animal / Dog Law for California on
Q: Can my girlfriend‘s mother put my dog under her name without my consent?

Dog law

James L. Arrasmith
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answered on Dec 29, 2023

Under California law, pets are considered personal property. This means that without your consent, it is generally not legal for someone else, including your girlfriend's mother, to claim ownership of your dog or register the dog under her name. Ownership of a pet is typically determined by... View More

1 Answer | Asked in Animal / Dog Law for California on
Q: Can a dog breeder sue a puppy buyer for euthanizing the dog after purchase? Can they win?

The contract does not say anything about behavioral euthanasia or euthanasia in general. The contract includes a standard first right of refusal clause (if you can't keep the dog you must return the dog to the breeder to keep it out of shelters/rescues/pounds etc). The puppy has been legally... View More

James L. Arrasmith
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answered on Dec 24, 2023

Under California law, a dog breeder may potentially sue a puppy buyer if they euthanize the dog, especially if the contract includes a first right of refusal clause. This clause generally means that if the buyer cannot keep the dog for any reason, they are obligated to return it to the breeder... View More

1 Answer | Asked in Animal / Dog Law, Copyright, Trademark and Intellectual Property for California on
Q: I want to start a dog rescue and part of the bane would include batgirls. Tracy batgirls dog rescue. Is this legal?

Name not bane

James L. Arrasmith
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answered on Dec 23, 2023

When choosing a name for your dog rescue, it's important to consider trademark laws to avoid legal issues. The term "Batgirl" is a well-known trademark associated with DC Comics, and using it in your business name without permission could lead to trademark infringement issues.... View More

2 Answers | Asked in Animal / Dog Law for California on
Q: Nationwide stated my monthly payment went from $93 to $283.00 without previous notice. Is this right or an error?

Pet Insurance. I have been with them for 5 years. Can the agent be wrong and confused it for the premium as renewal is due?

James L. Arrasmith
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answered on Dec 21, 2023

Under California law, insurance companies are required to notify policyholders of significant changes in policy terms, including premium increases. If your monthly payment for pet insurance has suddenly increased from $93 to $283 without prior notice, this could potentially be an error or a... View More

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1 Answer | Asked in Animal / Dog Law and Wrongful Death for California on
Q: Can I sue animal control/shelter for putting my dog down without any notice, permission or anything?

On my Monday morning my dog (6 yr old boxer) escape and went off running down the street. Animal control was called by a neighbor claiming my dog was being aggressive even though he didn't touch or bite anyone. He was caught by animal control and sent to the shelter. Couple minutes after the... View More

James L. Arrasmith
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answered on Dec 14, 2023

I'm sorry to hear about your situation. Under California law, the specific circumstances of your case are critical in determining whether you have grounds for a lawsuit against animal control or the shelter. Generally, shelters and animal control agencies have policies and regulations they... View More

1 Answer | Asked in Criminal Law, Animal / Dog Law and Municipal Law for California on
Q: Can this ordinance be interpreted that no hunting is allowed. Santa Clara county

Sec. B14-34.3. - Grazing.

No person shall bring any animal upon Park Property for the purpose of grazing or holding animals without the express written consent of the Director.

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answered on Dec 4, 2023

The ordinance you're referring to, Santa Clara County Sec. B14-34.3, specifically addresses the issue of bringing animals onto park property for grazing or holding without permission from the Director. This ordinance is focused on the control of livestock or similar animals within park... View More

1 Answer | Asked in Animal / Dog Law, Civil Rights and Landlord - Tenant for California on
Q: How can I respond in a way that both addresses the accusations/complaints, and encourage them to leave me alone?

I have recently moved into an appt in the beginning of last month, and have my two ESA dogs with me. Within the first week, my dogs got into a fight over a toy and it resulted in my need to call for emergency services as I had been injured trying to break it up. After communicating to the leasing... View More

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answered on Dec 1, 2023

In California, Emotional Support Animals (ESAs) are protected under housing laws. However, if an ESA poses a direct threat to the safety of others, landlords may have grounds to request its removal. In your situation, it's crucial to address both the legal and community aspects.... View More

2 Answers | Asked in Animal / Dog Law and Civil Litigation for California on
Q: In California do I need to set up a case management conference before Claim and Delivery

I'm filing for claim and delivery or replevin in California in order to get my dog back from the vet who did not notify animal control and then gave him away. If claim and delivery is a prejudgement remedy, why would I need a case conference?

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answered on Nov 30, 2023

In California, whether you need a case management conference before proceeding with a claim and delivery (replevin) action depends on the specific court and the nature of your case. Generally, case management conferences are set to help manage the progress of a case, but they are not always... View More

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1 Answer | Asked in Animal / Dog Law, Civil Rights and Landlord - Tenant for California on
Q: HOA practicing selective enforcement and discrimination because of service dog

Hoa and residents are discriminating against me because of my service dog. They proceed to make many false claims about the dog barking all night long, I was able to prove them wrong by taking a video of another dog who was actually barking all night. At that point the HOA president called and... View More

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answered on Nov 29, 2023

Homeowners' associations (HOAs) must comply with federal and state anti-discrimination laws, including the Fair Housing Act and the California Fair Employment and Housing Act. These laws protect individuals with disabilities from discrimination, and this includes the use of service animals.... View More

1 Answer | Asked in Animal / Dog Law, Real Estate Law and Civil Rights for California on
Q: Hoa selective enforcement and service dog retaliation

Hoa and residents are discriminating against me because of my service dog. They proceed to make many false claims about the dog barking all night long, I was able to prove them wrong by taking a video of another dog who was actually barking all night. At that point the HOA president called and... View More

James L. Arrasmith
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answered on Nov 29, 2023

Hi there,

If you're facing discrimination from your HOA due to your service dog, there are several steps you can take. First, gather all evidence of the discrimination and selective enforcement, including the video you took, photographs of other residents' violations that were...
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3 Answers | Asked in Family Law, Personal Injury, Animal / Dog Law and Child Custody for California on
Q: Can I file for an emergency ex parte order if my child was attacked by two pit bulls while in her father's care?

My child's father & I are in a 50/50 joint custody situation. On Monday, he had my child outside in the cold in South Central Los Angeles at a strangers house (we'll call him 'John'). John has two fully grown pit bulls who he uses as guard dogs. My daughter was outside in... View More

Patrick William Steinfeld
Patrick William Steinfeld
answered on Nov 22, 2023

Call the police or go to the police station and make a police report. This will help you in your request to the court. You can always request an ex parte order for emergencies. If you don't have a family law attorney, request a facilitator. LA family law courts provide facilitators that are... View More

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