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California Animal / Dog Law Questions & Answers
1 Answer | Asked in Animal / Dog Law for California on
Q: Dogs seized by animal control (pled guilty to penal code 597a). When can i get my dogs back.

Dogs were seized 4mo ago. Pled guilty yesterday and agreed to 1yr probation, 80days work release, fines were waived. There was no mention in the terms of the probation or anything by the lawyers or judge barring me from having my dogs back. It is nowhere in my paperwork. Animal control allowed my... View More

James L. Arrasmith
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answered on Jun 7, 2024

In California, once you've pled guilty and been sentenced, the terms of probation and court orders are critical in determining whether you can have your dogs back. Since your probation terms and the court documents don't mention any restrictions on having your dogs, this is a positive... View More

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for California on
Q: I live in an apartment in Milpitas and my landlord has alleged my dog attacked someone. Given 48 hour to remove pet.

What is my recourse? I obviously don't want to get rid of my pet. How do I fight this?

James L. Arrasmith
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answered on Jun 4, 2024

Under California law, your landlord must provide evidence of the alleged attack before requiring you to remove your pet. It is essential to request any documentation or witness statements that support the claim. If your landlord cannot provide sufficient proof, you may have grounds to contest the... View More

2 Answers | Asked in Animal / Dog Law, Civil Rights and Landlord - Tenant for California on
Q: In incident happened with my emotional support dog and security. Property mgr gave me notice to get rid of the dog. Then

A verbal statement saying dog could stay. Started procedures to have my 32 yr son to move in end of June. Now MGMT states he would have to be a live-in attendent but he wants to do other kind of work. Been having issues with MGMT since Jan. I feel like I am being harassed and my civil rights are... View More

James L. Arrasmith
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answered on May 30, 2024

Based on the information you provided, it seems like you may have a case for housing discrimination and violation of your rights under the Fair Housing Act (FHA) and potentially the Americans with Disabilities Act (ADA). Here are a few points to consider:

1. Emotional Support Animals...
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2 Answers | Asked in Animal / Dog Law, Civil Rights and Landlord - Tenant for California on
Q: In incident happened with my emotional support dog and security. Property mgr gave me notice to get rid of the dog. Then

A verbal statement saying dog could stay. Started procedures to have my 32 yr son to move in end of June. Now MGMT states he would have to be a live-in attendent but he wants to do other kind of work. Been having issues with MGMT since Jan. I feel like I am being harassed and my civil rights are... View More

Maurice Mandel II
Maurice Mandel II
answered on Jun 1, 2024

Your LL is violating your rights as a physically disabled individual, particularly with respect to having a live in aide. The LL is not able to dictate the terms of your arrangement with the aide, nor can the LL prevent the aide from seeking additional employment for personal support. Thanks for... View More

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2 Answers | Asked in Animal / Dog Law for California on
Q: If an animal shelter has my dog and never contacted me but they said they did and I said to them i don't want her that's

Lying r and then when I called her microhip company four days after they been had her and still took a report so by my own they had her fours days they were going to put her asleep without even none of them trying to inform me at all

James L. Arrasmith
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answered on May 27, 2024

Under California law, animal shelters are required to make reasonable efforts to contact the owner of a lost pet before putting the animal up for adoption or euthanizing it. Here are a few key points related to your situation:

1. Holding period: California law requires shelters to hold...
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2 Answers | Asked in Animal / Dog Law, Car Accidents and Wrongful Death for California on
Q: A train killed my dog. I live next to the train tracks. What can I do

I live in between businesses about 40 feet from the tracks. It was about 9:10 at night I got home for my lunch and let the dogs out to go potty. I went across the tracks to do so and on our walk back we crossed over them again and the train blew its horn maybe ten seconds after I crossed and hit my... View More

James L. Arrasmith
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answered on May 23, 2024

I'm so sorry to hear about the tragic loss of your dog. That must be devastating. While the train company is likely correct that they aren't liable if the dog was unleashed near the tracks on your property, you may still have some options to explore:

1. Check local leash laws and...
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2 Answers | Asked in Animal / Dog Law, Car Accidents and Wrongful Death for California on
Q: A train killed my dog. I live next to the train tracks. What can I do

I live in between businesses about 40 feet from the tracks. It was about 9:10 at night I got home for my lunch and let the dogs out to go potty. I went across the tracks to do so and on our walk back we crossed over them again and the train blew its horn maybe ten seconds after I crossed and hit my... View More

William John Light
William John Light
answered on May 23, 2024

How did the train conductor do anything wrong? You had an obligation to have your dog on a leash. The train wasn't invisible, you should have seen it before the whistle blew and moved your dog, which should have been on a leash.

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1 Answer | Asked in Animal / Dog Law for California on
Q: Can police take your dogs if they're not in harm's Way and they're sitting in a vehicle

We were loading the truck and when we stopped to go in to use the restroom one of the dogs that was in the back ended up jumping out hanging itself and we had puppies in the cab part and the cops took the puppies even though none of the dogs were neglected or abused it was just an unfortunate... View More

James L. Arrasmith
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answered on May 13, 2024

Under California law, police can take your dogs if they believe the animals are in immediate danger or if there is evidence of neglect or abuse. In your situation, even if the incident was an unfortunate accident, the police may have interpreted it as a sign that the animals were not safe in your... View More

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for California on
Q: Our landlord is requesting a $500 immediate deposit for our service animal is she allowed to request a pet deposit at al

My husband is in the middle of training, a dog for his PTSD for a service animal. We have been bringing the dog to our home two days a week for the last two months and plan to tell our landlord next month that we were going to permanently bring her here when she turned one because they don’t... View More

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answered on May 8, 2024

Under California law, landlords are not allowed to charge a pet deposit for a service animal, even if the animal is still in training. Service animals are not considered pets, and are protected under the Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act... View More

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for California on
Q: Can I sue my landlord for not allowing my service animal to stay w/me .nor wants to make any spc.accommodations for me.

Nothing in my rental agreement says I can't have a dog or service animal. And he did evicted me for 4 days from the house for me bringing service dog. What court can I file against him ( federal, Superior,or civil courts .

James L. Arrasmith
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answered on May 6, 2024

In California, landlords are required to make reasonable accommodations for tenants with disabilities, including allowing service animals, even if the rental agreement or lease states a "no pets" policy. Denying a reasonable accommodation request, such as allowing a service animal, is a... View More

1 Answer | Asked in Criminal Law, Animal / Dog Law and Civil Rights for California on
Q: Can surveillance in a private area of my yard be admissible in court?

Neighbor recorded us on surveillance having a private conversation in an area of our yard not otherwise publicly visible. They did record my spouse hitting my dog and submitted that to animal control. My husband went to jail for 5 days, but they released him and did not charge him yet. The dogs... View More

James L. Arrasmith
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answered on May 5, 2024

In California, the admissibility of surveillance footage from a private area of your yard depends on several factors and the specific circumstances of the case. Here are some key points to consider:

1. Reasonable expectation of privacy: If the area where the conversation took place was not...
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1 Answer | Asked in Animal / Dog Law for California on
Q: My dogs were taken by animal control for animal cruelty. They have not charged my spouse and I cant get them.

My husband pled guilty for hitting our dog. He went to jail for a week. Released bc they werent ready to formally charge him.The DA said the case is in review and he has not been charged. So in the meantime animal control agreed to let my in-laws care for the dogs. DA said they can have up to... View More

James L. Arrasmith
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answered on May 2, 2024

I'm sorry to hear about your difficult situation. In California, animal control agencies have the authority to seize animals if they suspect animal cruelty or neglect, even if formal charges have not been filed. The process can be complex and may take time to resolve. Here are a few key... View More

1 Answer | Asked in Animal / Dog Law for California on
Q: I live in Turlock, California and I am wondering if there is an attorney that would help get a dog out of animal control

My neighbors pitbull was in his yard and her neighbor, let his little dogs out off leash in the front yard and egged on her dog and he bit him. Animal control now has him and he’s going to euthanize him this weekend. She can get him out if she can get out of the city limits. We have tried every... View More

James L. Arrasmith
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answered on Apr 3, 2024

In this situation, it's crucial to act quickly and explore all available options to save the dog. While finding an attorney who specializes in animal law cases might be challenging, here are some steps you can take:

1. Contact local animal welfare organizations or rescue groups in your...
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2 Answers | Asked in Animal / Dog Law for California on
Q: Why is a pound aloud to TAKE a found dog and send it to a rescue?????

i found a bull terrior took her in for a chip chk the inhumance society vet took her. I told him she had pyometra and that I started her on antibiotic. my plan was surgery on the 4th day after searching for owner. when i call them & stated that I had 32 dogs and 1 cat animal control NEVER... View More

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answered on Mar 25, 2024

Under California law, animal shelters, including pounds, have the authority to take in stray animals to protect public safety and the health of the animals. If a dog is found and brought to a shelter, the shelter typically holds the animal for a specific period to allow the owner to claim it. This... View More

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1 Answer | Asked in Animal / Dog Law for California on
Q: My neighbor keeps her cat outside 24/7. The cat has been injured several times and she has not provided medical care.

I feed him frequently and she asked to stop but she doesn't feed him

James L. Arrasmith
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answered on Mar 13, 2024

I understand your concern for the well-being of your neighbor's cat. In California, animal cruelty laws are covered under Penal Code 597. Here are a few key points:

1. Failing to provide proper food, water, and shelter can be considered animal neglect, which is a form of animal...
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1 Answer | Asked in Animal / Dog Law for California on
Q: Sudden dog fight, unclear provocation. Seeking legal advice on liability and defenses.

On February 25, 2024, at Foster City Dog Park, my dog and another dog got into a fight. The incident was sudden and without clear provocation from either dog. The other dog owner and I immediately intervened and separated the dogs. At that time, the 2 dogs’ teeth clenched together. This caused... View More

James L. Arrasmith
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answered on Mar 7, 2024

California Civil Code Section 3342 generally holds dog owners strictly liable for damages if their dog bites someone, provided the victim was in a public place or lawfully in a private place. This statute is specifically targeted towards dog bites to humans, rather than interactions between dogs.... View More

1 Answer | Asked in Animal / Dog Law and Civil Litigation for California on
Q: How do I get the defendants to bring the found property to court with them? Can I serve something with their summons?

In order to prove the found property belongs to me I need the defendants to bring that property to court, how do I do that?

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answered on Mar 5, 2024

Under California law, to ensure the defendants bring the found property to court, you can request a court order, often referred to as a "subpoena duces tecum." This is a legal tool used to command a person to bring physical evidence to court. When filing your case, you should indicate... View More

1 Answer | Asked in Contracts, Animal / Dog Law and Landlord - Tenant for California on
Q: Lease doesnt specify pet limit however I got a “Lease Violation” for having more than 2. Do I have to get rid of them?

My lease does not specify the max pet limit. I have 3 cats and a mini dog. I received a lease violation letter because of this. The options I was given are to rehome them or move out. In my lease I signed an acknowledgment stating “I acknowledge there are no other agreements regarding animal... View More

James L. Arrasmith
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answered on Feb 27, 2024

In California, the terms of your lease agreement play a critical role in determining your rights and responsibilities as a tenant, including policies regarding pets. If your lease does not explicitly limit the number of pets you can have, and you've signed an acknowledgment that there are no... View More

2 Answers | Asked in Animal / Dog Law, Civil Rights and Constitutional Law for California on
Q: My dog was stolen from me and was hit by a car. i made a police report but they arent taking it sertiously
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answered on Feb 26, 2024

In California, the theft of a pet is considered a serious matter, and you have the right to expect law enforcement to take appropriate action on your police report. If you feel your case isn't being taken seriously, it may be beneficial to follow up with the police department, providing any... View More

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1 Answer | Asked in Animal / Dog Law and Landlord - Tenant 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

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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

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