William John Light's answer If you had a case, it would be for the value of the dog. I don't know whether what he did was illegal. However, if he had called the police instead, what do you think they would have done?
Thomas A. Grossman's answer That's a tough question to answer. It seems both parties caused the incident, probably both parties being unaware of the consequences. The neighbors were negligent for not being aware of your dog's personality, and you probably should have built a stronger fence under the circumstances. If I were you, I would try to resolve this matter with each side admitting some form of negligence for their conduct, and you offering to pay at least a portion of the vet bills for the injured dog. Good...
William John Light's answer First of all, contact Rover. It is the entity that set up the agreement by which you have possession of the dog. That agreement may alter ordinary rights you might have under California law.
William John Light's answer There are several statutes that authorize the killing of dogs, mostly pertaining to dogs that kill or harass livestock or poultry. However, your neighbor would certainly be able to claim that the dog was a danger to himself or his family and he killed it for that reason. You wouldn't be able to dispute this since you weren't there while your dog was wandering around his property. In other words, keep your dog on your own property and you won't have this problem.
William John Light's answer Tell her you are going to surrender them to animal control unless picked up by a date certain, with reimbursement for your out of pocket expenses. If you want to keep them, adopt them from animal control.
You cannot just claim that the animals are yours now because she didn't pick them up two weeks ago.
William John Light's answer You gave the dog away. You have no right to come back and judge whether the new owners meet some undefined standard of care by which you are going to evaluate them. The dog is theirs now and you should move on.
William John Light's answer If the dog is still yours, and someone is keeping it, that is a form of theft. Contact the police, even though they might not do anything.
You might also consider suing in Small Claims for the value of the dog and/or an order for its return to you. If you sue, bring all evidence that the dog is yours, along with some kind of proof of value (receipts, offers for sale of similar dogs, etc.).
Plaintiff’s Claim and ORDER to Go to Small Claims Court; Form SC-100 (Lawsuit for...
Ali Shahrestani, Esq.'s answer If you bought the dog, then until you sold the dog to new owners, it can be argued that it was your responsibility to properly vaccinate the dog with the parvo virus and other relevant vaccines. It sounds like the owner and the in-laws were merely boarding the dog for you while you found a new owner. I hear no acceptance of liability by them in your stated facts, nor any contractual relationship that points to any liability by them. Did the sellers tell you that they had vaccinated the dog...
William John Light's answer Sound like you need to find another home for your dog. You can't force your uncle to take care of him. He doesn't want the dog at his home anymore and has informed you of that. If you don't pick up the dog, he might be able to argue that you abandoned it. He would then be free to find another home for it.
William John Light's answer You can be sued if your negligence caused harm to another person, or to their property. Here, the issue is damage to property (I assume that the dog owner was uninjured). If the other dog was uninjured and you have already paid for the initial vet visit to confirm that, I do not understand why you would be sued. If you are sued, tender the lawsuit to your insurer. Many homeowner policies provide coverage for this type of claim.
Next, it is possible that euthanizing a healthy animal may constitute the crime of animal cruelty. However, it is likely that we don't have all the facts that led to the decision to euthanize the animal. It seems improbable that a veterinarian would euthanize a dog for "no true reason".
William John Light's answer If you contend that the prior owner abandoned him or gave him to you, you are now the new owner and are under no obligation to return the dog. If she contends that there was an "open adoption" in which she was entitled to return of the dog upon her notice, then you have to give the dog back. There is no resolution of these positions. She can report the dog stolen. She can file suit in Small Claims against you and request an Order for return of the dog. If she wins, then you have to return...
William John Light's answer You cannot take somebody else's animal because you don't approve of the manner in which they care for it. If you suspect Animal Cruelty, notify your local Animal Control office.
Ali Shahrestani, Esq.'s answer If you adopted the dog in your sole name and paid for all upfront fees, then arguably the dog is your personal property which your roommate arguably stole, barring a contract to the contrary. Under this argument, money she paid towards dog bills would qualify as a gift - again barring a contract to the contrary. But your attempt to form an agreement to split time with the dog might qualify as a contract in and of itself, which she either never agreed to or has breached. More details are...
William John Light's answer You lost your DV TRO. That was your opportunity to prove ownership of the dog and to protect it. You have an obligation to comply with the court's orders, including handing the dog over.
The "T" in "TRO" stands for "Temporary". It is not final. Get an attorney.
William John Light's answer If the ex gave the dog away, then the person to whom he gave it was the owner, until you adopted it from him. You would then be a lawful owner. The ex can still call the police. He can still sue you in Small Claims. He would have to establish that he did not give the dog away.
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