California Animal / Dog Law Questions & Answers

Q: How and can I get my dog back that I relinquished to animal services?

1 Answer | Asked in Animal / Dog Law for California on
Answered on Apr 16, 2019
William John Light's answer
It's not your dog anymore. You would have to go through the normal adoption procedures that everyone else does.

Q: I live in Ca. & my dghtr, (w/our leashed Puppy), rang a d/bell & was greeted by a pitbull taking our dogs neck swinging

2 Answers | Asked in Animal / Dog Law and Personal Injury for California on
Answered on Apr 15, 2019
Dale S. Gribow's answer
more info needed.

what were you doing at the house?

were you invited?

trick or treating?...........selling girl scout cookies.....

in other words were you invited there?

i would contact an accident lawyer in your community for guidance.

Q: my puppy was bit in the face by another dog in a dog friendly brewery and the owners refuse to pay the vet bills

1 Answer | Asked in Animal / Dog Law for California on
Answered on Apr 14, 2019
William John Light's answer
Strict liability applies only to dogs biting humans. Dog versus dog bites require a showing of negligence. By your own admission, the bite happened without warning, and after your puppy went up to the retriever. In other words the retriever owner had no warning that his dog would bite. In the absence of evidence that the retriever was previously aggressive to other dogs, there is no evidence of negligence by the owner of the retriever. You, however, are potentially negligent since you did...

Q: I was wondering about the carry legalities of Spears in CA. Do I need permits/certification/job necessity to carry them?

1 Answer | Asked in Consumer Law, Animal / Dog Law and Entertainment / Sports for California on
Answered on Apr 12, 2019
William John Light's answer
Hunting opportunities in this state with a spear and/or atlatl are limited. No big or small game species could legally be taken with one. However, animals that are classified as "non-game" species could be (coyotes, rodents, opossum, etc). You would first need to obtain a hunting license. Confirm with your local Fish and Game Warden, or a local attorney, and consult local city and county ordinances.

See:

Mammal Hunting Regulations, sections 353-354 & 475:...

Q: If a vet said he wanted to compensate for what both my dog and I went through. Is that not a legal verbal contract?

1 Answer | Asked in Animal / Dog Law for California on
Answered on Apr 11, 2019
William John Light's answer
Probably not. That is too vague to enforce. Further, you aren't entitled compensation beyond the expense to repair/treat the injury to your dog. Your dog is considered property and there is no emotional distress recovery for damage to property. As a result, any promise to compensate you, beyond the expense to repair/treat your dog, is a promise to make a gift, and promises to make gifts are not enforceable.

Q: the pound took my cats and won't give them back

2 Answers | Asked in Personal Injury, Animal / Dog Law and Civil Rights for California on
Answered on Apr 8, 2019
Dale S. Gribow's answer
more info needed.

did you turn them into the pound or they forcefully took them from you?

what do they say is the reason?

Q: Can I get a ticket for someone else dogs if we live in the same house

1 Answer | Asked in Animal / Dog Law for California on
Answered on Apr 7, 2019
William John Light's answer
Unclear if you got a fine or a warning to vaccinate. If it's the former, you or an attorney will need to read the ordinance on which it is based. It might apply to property owners on which the dog is located, or just to dog owners. If it only applies to dog owners, you will need to go to court to fight it by proving that the dogs aren't yours. Frankly, that's a pretty easy defense to fabricate and I suspect that it won't be automatically believed. Your chances of success would go up...

Q: Can animal control take my dogs from private property, impound them and charge me and preform surgery if I dont consent?

1 Answer | Asked in Animal / Dog Law, Contracts and Personal Injury for California on
Answered on Apr 3, 2019
Bruce Alexander Minnick's answer
The county animal control shelter is doing its job protecting the entire community, as well as helping your dogs stay alive. They have been given extensive powers in doing so, powers which cannot be overturned without expensive litigation. As a homeless person you first concern should be you; unless you find a suitable home you may not ever see your two dogs again.

Q: A store owner refused service and demanded I leave the store due to my bonafide service dog. What is this case worth?

1 Answer | Asked in Animal / Dog Law and Civil Litigation for California on
Answered on Apr 2, 2019
William John Light's answer
There no such thing as a "licensed" service dog. If you have a dog that is trained to provide a specific service to you, e.g., you are blind and it guides you, that is a service dog. Service dogs must be allowed anyplace that the general public is allowed. The storekeeper can ask you whether the animal is required due to disability and what it is trained to do.

Those protections do not apply to emotional support animals. An emotional support animal must alleviate one or more...

Q: Just because you rv is not registered , do not give police permission to search

3 Answers | Asked in Constitutional Law, Criminal Law and Animal / Dog Law for California on
Answered on Apr 1, 2019
William John Light's answer
If your RV was parked illegally and towed, it can be searched.

Q: Husband rehomed wife’s dogs while she was at work.

1 Answer | Asked in Animal / Dog Law for California on
Answered on Mar 23, 2019
William John Light's answer
To be honest, none of this sounds true or makes sense. Why would a husband rehome dogs that don't belong to him? Why would he take out ads online without informing his wife? Why would he let the dogs go to a new home with an "understanding" that they might have to be returned once he spoke to his wife? He could have just spoken to his wife beforehand. It's absurd. I suspect that the new "owners" have a substantially different story.

If you could convince a Small Claims judge that...

Q: My dog received a surgery burn on her side in October. Vet offered compensation for what she went through & myself.

1 Answer | Asked in Animal / Dog Law for California on
Answered on Mar 21, 2019
William John Light's answer
No, you cannot sue for pain and suffering. Dogs are considered property. You could possibly get a refund for the cost of the procedure. If there are any procedures to repair the scarred area, you could potentially recover the cost of those procedures. You could possibly recover diminished value for the dog based upon its scarring. That would probably require some form of expert testimony from a dog breeder for a similar dog. If your dog is not a show dog, that claim is probably not worth...

Q: What can i do if someone says i abandoned my dogs when i didn't and refuses to give them back both dogs are microchipped

1 Answer | Asked in Animal / Dog Law for California on
Answered on Mar 21, 2019
William John Light's answer
Call the police and report them stolen.

File suit in Small Claims for a monetary a judgment and/or an Order for Return of Property. If you sue, bring all evidence that the dogs are yours (veterinary records, records of the terms of your agreement (emails, texts, voicemails etc.), along with some kind of proof of value (receipts, offers for sale of dogs, etc.).

Plaintiff’s Claim and ORDER to Go to Small Claims Court; Form SC-100 (Lawsuit for monetary damages)

Request...

Q: I left my pet birds with people to care for while I was in transition & now they're refusing to give them back.

1 Answer | Asked in Animal / Dog Law for California on
Answered on Mar 21, 2019
William John Light's answer
It will depend on whether you can prove that the arrangement was temporary, and/or that the agreement was for the 3 weeks. I assume that the other party will argue that you gave them the birds, or left them for so long that you abandoned them. Hopefully, you have emails, texts, voicemails, etc., that verify your position.

If you left the birds for longer than originally anticipated, you would likely owe them a daily aviary fee, if you are entitled to return of the birds.

Small...

Q: Had a dog for 7vyears it turned out to be a chipped dog when took it to humane society they contacted real owners and th

1 Answer | Asked in Animal / Dog Law for California on
Answered on Mar 21, 2019
William John Light's answer
That doesn't make any sense. You had it for 7 years and took it to the Humane Society? That suggests you were surrendering whatever rights you had. If that is what happened, you have no rights. There was no reason to take it there to adopt a dog you already had, unless you were admitting that it wasn't yours when you took it there, in which case you have no rights.

Also, you don't explain how you acquired the dog 7 years ago. Those circumstances might shed some light on your...

Q: If an animal rescue facility is aware of & has knowledge of specific health issues relating to an animal available for

1 Answer | Asked in Animal / Dog Law for California on
Answered on Mar 20, 2019
William John Light's answer
In some instances, the Lockyer-Polanco-Farr Pet Protection Act provides liability for breeders and dealers of dogs with contagious diseases or congenital defects. However, section 122125(d) specifically exempts public pounds and humane societies. leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=HSC&division=105.&title=&part=6.&chapter=5.&article=2.

It is unknown whether your obtained your animal from a pound or a humane society.

Even in the absence of the Pet...

Q: I bought a puppy from a breeder in California. I recently found out my puppy has an hereditary condition.

1 Answer | Asked in Animal / Dog Law for California on
Answered on Mar 20, 2019
William John Light's answer
First, give the breeder notice of the defect, with a written veterinarian certification that states within one year after the purchaser has taken physical possession of the dog after the sale by a breeder, that the dog has a congenital or hereditary condition that adversely affects the health of the dog, or that requires, or is likely in the future to require, hospitalization or non-elective surgical procedures, and ask for one of these remedies:

"(1) Return the dog to the breeder for a...

Q: If my ex left her dog with me over a year ago and has only seen her twice since does she still have rights over her

2 Answers | Asked in Animal / Dog Law for California on
Answered on Mar 18, 2019
Manuel Alzamora Juarez's answer
It depends if the dog ownership was included on the Marital Settlement Agreement!!!

Q: Can a cop give someone else my dog

1 Answer | Asked in Animal / Dog Law for California on
Answered on Mar 15, 2019
William John Light's answer
I think you are leaving out a lot of details that might affect the answer to your question.

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