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Animal / Dog Law Questions & Answers
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

James L. Arrasmith
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answered on Jan 7, 2024

Under California law, it is illegal for anyone to threaten physical harm or violence against another person. If the dog owner threatens to have her dog attack you, this could be considered a criminal threat, which is a serious matter. The law protects individuals from being subjected to threats or... View More

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1 Answer | Asked in Land Use & Zoning and Animal / Dog Law for Tennessee on
Q: Livestock Roaming At Large Summons filed against my neighbor—Can I request restitution for damages to landscaping?

I presented landscaping pictures of before and after the poultry damaged the property via Email, including a video of chicken digging in. The Assistant DA refused to see the damages. Poultry repeated scratched for food for 3 months in our Landscaping and flower beds.

Anthony M. Avery
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answered on Jan 4, 2024

If DA refuses to seek restitution, that is his discretion, not yours. If defendant convicted, then it is res judicata on the issue of property tort damage. But you will need to put on proof of money damages.

And you can file your own civil suit in General Sessions. However...
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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
James L. Arrasmith
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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 and Civil Litigation for New York on
Q: My wifes dog was stolen last night, jumped on the street. Police didn't help. We have all papers and need help.

My wife lives in Brooklyn and me in Sweden. 3 month ago she started to babysit a 5 month pitbull puppy from her neighbour, just a few days he said. He got evicted. So she helped, then he ghosted her and wife had to pay for all of the food, toys, vaccines and everything. We said just a few days. He... View More

James L. Arrasmith
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answered on Dec 23, 2023

In New York, the situation you're describing with your wife's dog is both a legal and emotional matter. Since your wife has taken steps to legally adopt the dog, including registration and microchipping, she has established a claim of ownership.

Given that the original owner...
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1 Answer | Asked in Animal / Dog Law, Civil Litigation, Civil Rights and Criminal Law for Colorado on
Q: Animal law or civil,? Colorado, please help me get Justice for my boy who was killed by HSPPR! Need info, please?

CO law says animals are personal property. Seized with warrant, then killed (for supposed seizures) day before hearing for release, no probable cause. 10 yr old licensed pet goat- my only family- destroyed. Motion for release of his remains, denied. Facing animal cruelty for his arthritis not being... View More

James L. Arrasmith
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answered on Dec 23, 2023

In Colorado, as in many states, animals are indeed considered personal property under the law. The situation you describe, involving the seizure and euthanization of your pet goat, raises several legal issues.

Firstly, if your animal was seized and then euthanized without proper...
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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

1 Answer | Asked in Animal / Dog Law for Texas on
Q: My dog was tortured to death have vet statements witnesses,videos,physical evidence to hold individual responsible

I live on SSI trying to find Attorney that will work with me

John Michael Frick
John Michael Frick
answered on Dec 22, 2023

While an attorney may accept such a case, remember that your damages for the death of a dog is the fair market value of the dog. Pets and other animals are considered personal property. Courts do not award "pain" or "mental anguish" damages based on the dog's suffering or... 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 Personal Injury, Animal / Dog Law, Civil Rights and Constitutional Law for Hawaii on
Q: If the Attorney General turns a blind eye to serious issues among multiple non profits serving homeless what can I do?
James L. Arrasmith
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answered on Dec 17, 2023

If you're concerned that the Attorney General is not addressing issues with nonprofits serving the homeless, there are several steps you can take. First, document your concerns clearly and comprehensively. This should include specific instances of the issues you've observed, along with... View More

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 Animal / Dog Law and Consumer Law for Maryland on
Q: I bought some cattle over the phone from a cattle dealer in NY State. He told me they weigh an average of 1250 Lbs.

When they got here I weighed them and they averaged 915 lbs. I had paid him before he sent them to me. What can I do to make him take them back or refund money to me ?

James L. Arrasmith
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answered on Dec 6, 2023

In your situation, where the cattle delivered from New York State weigh significantly less than what was represented by the seller, you have a few potential options to pursue. The discrepancy in weight can be a valid basis for a claim, especially if you have evidence of the seller's original... 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.

James L. Arrasmith
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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

1 Answer | Asked in Animal / Dog Law for New York on
Q: I left my cat with a friend and she got pulled over and the cat was confiscated because she had an open container

I called the precinct and they said that the cat was given away

Benjamin Z. Katz
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answered on Dec 1, 2023

Assuming your friend told the police that you were the owner and assuming that you can establish ownership, you would have to get a court order to force the police to reveal your cat’s location. You would then need to contact the person in possession to get it back. If they refuse, you would need... 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, 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

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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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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

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