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California Animal / Dog Law Questions & Answers
1 Answer | Asked in Animal / Dog Law for California on
Q: My roommate has a pit and I have Chihuahuas we keep them separated. My other roommate was drunk and opened my back door

While the pit was outside. He injured one of my dogs which I paid 1800. It wasn't the pits fault cause he wasn't trained. Can I sue my roommate that owns the dog for not training the dog and can I sue my other roommate who was drunk and opened my back door knowing the rule in the house to... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 13, 2021

Sorry your dog was attacked and injured. Certainly you can sue the individuals involved, use Small Claims Court, but before you do, you need to consider how you are going to collect on any Judgment you obtain against them. From what you say, you are living with several roommates, I would assume... Read more »

1 Answer | Asked in Criminal Law and Animal / Dog Law for California on
Q: If pulled over in a car that belongs to soemone else. Can you be charged with things found in the car?

I have a valid license from California amd the car has California plates with current registration. I have a bill of sale but no title and its still registered to the last owner. I was pulled over in Nevada. Thry claim they found a small amount of drugs. The tow yard won't let me get any of my... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 6, 2021

WHAT THEY DO IS FILE FOR POSSESSION, NOT OWNERSHIP OF THE DRUGS.

THAT IS ENOUGH FOR A CONVICTION IN MOST INSTANCES.

1 Answer | Asked in Animal / Dog Law for California on
Q: How do you sue a medical clinic for not letting my service dog into the MRI room?

The doctor first told me that I could leave the dog in another waiting area, I told her that he has to be with me. She said she was worried about the MRI and I told her that the dog needs to be in the room at least so we can look at each other. She said the MRI is to loud and that I would have to... Read more »

William John Light
William John Light answered on Aug 19, 2021

Your question indicates that you are in IL. The question was posted to the CA forum and should be re-directed to IL attorneys. Assuming that your dog is a true "service animal" and not an emotional support animal, you may have a claim, depending on circumstances.

Business...
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1 Answer | Asked in Animal / Dog Law and Personal Injury for California on
Q: Our dog was spayed , but did not do well post op. She was seen 3 days post op and was diagnosed as a urinary infection.

The dog was given an injection of antibiotics and sent home with owner. She did not do well and was taken to a veterinarian ER. Emergency surgery was done , showing that the original vet had tied off her left ureter. There was intense inflammation, leaking of urine into the peritoneal cavity,... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jul 6, 2021

more info is needed.

do you have a doctor that would testify to what you said?

i suspect this is the kind of case you would consider taking to small claims where you can sue for up to $10k.

however, getting pain and suffering for an animal is difficult.

maybe in...
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1 Answer | Asked in Appeals / Appellate Law, Animal / Dog Law and Small Claims for California on
Q: Can I appeal a small claims court order since there was no monetary judgement filed?

I was sued by my ex over a dog that we adopted while together but has lived with me 90% of the time since we separated. For the eight years since we separated, I would let him take the dog from time to time but never more than a week and usually just a few days. He’s lived in the same place since... Read more »

Charles William Michaels
Charles William Michaels answered on Jun 14, 2021

First, I am not a CA lawyer. But it seems that the "order" IS a final judgment, thus you can appeal this order to the next level. Whether the appeal is de novo OR on the record, I can't tell.

1 Answer | Asked in Animal / Dog Law, Criminal Law and Immigration Law for California on
Q: Animal cruelty felony conviction 597(a) affect on asylum case? is that an "automatic" rejection?

Hello, I have an animal cruelty case with an offer to accept home detention and felony conviction. If I accept the settlement conviction, would it be automatically bar my asylum case? I am waiting on individual hearing.

Dale S. Gribow
Dale S. Gribow answered on Jun 8, 2021

MORE INFO NEEDED.

HOWEVER, THAT IS NOT SO MUCH A CRIMINAL LAW QUESTION AS IT IS AN IMMIGRATION QUESTION.

YOU SHOULD MAKE AN APPOINTMENT WITH A LOCAL IMMIGRATION ATTORNEY ASAP AS YOUR CASE APPEARS TO BE PENDING.

2 Answers | Asked in Animal / Dog Law for California on
Q: can i fight a ticket for dog running at large if the dog escaped on his own?

my dog always jumps our fence and hangs out in the front yard, AC comes and brings him down with a pole and writes me a ticket, this was around 7 in the morning so i had no idea the dog was out. can i fight the ticket because i didn’t know the dog was out or it it irreverent?

William John Light
William John Light answered on May 27, 2021

It doesn't matter. It's your dog. It's running at large. You have a duty to have a better fence, or closed doors.

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3 Answers | Asked in Personal Injury and Animal / Dog Law for California on
Q: Hi I got bit by a dog yesterday at work he attacked me out of nowhere can I file a Lawsuit?

I work at a dog groomers giving dogs baths and i was washing off the last shampoo coat and the dog jumped and bit my lip I had to go to the emergency room to get stitches.

William John Light
William John Light answered on May 22, 2021

You can successfully sue if the owner knew of the dog's propensity to bite and failed to warn you. There is no strict liability for dog bites for a person, like yourself, who has chosen to work with dogs. You have to prove negligence on the part of the dog owner.

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1 Answer | Asked in Products Liability and Animal / Dog Law for California on
Q: I recently found maggots in my dogs canned food and I was wondering if I can sue
William John Light
William John Light answered on May 19, 2021

1. It's probably rice.

2. Maggots are not harmful to dogs, or even to you. They are just disgusting.

3. Without some significant harm, you don't have a case.

1 Answer | Asked in Animal / Dog Law for California on
Q: My dog was attacked by another dog and died. Can I sue the owner of the dog that attacked my dog.

My dog was attacked while out for a walk with my daughter and died due to his injuries. I would like to have the owner of the attacking dog responsible for my dog's vet bills

William John Light
William John Light answered on May 11, 2021

You already posted this question and received an answer:

answers.justia.com/question/2021/05/07/my-daughter-and-my-dog-were-attacked-by-841633

1 Answer | Asked in Animal / Dog Law for California on
Q: Can the pound take away your dog if the has a broken leg that wasn't fixed then dog got loose pick up by pound?

SPCA said I can't get my dog back that was picked up cuz he got loose and had a broken leg the broken leg was a prior injury how do I get my dog back State of California is it legal for them to take away my dog like that because they're not allowing me to get my dog out and I'm... Read more »

William John Light
William John Light answered on May 8, 2021

Yes, its legal. Failing to provide necessary veterinary care to your injured animal can be a crime. Animal Control is within its rights to refuse to return the dog to you. You have demonstrated that you are not fit to provide a safe home for it.

1 Answer | Asked in Animal / Dog Law for California on
Q: My daughter and my dog were attacked by another dog in the neighborhood.

My daughter was attended by paramedics and her injuries were not serious but she is bypolar and was very affected mentally. Our family dog was seriously injured and has died. A report was filed with animal control. I would like to seek compensation for my dog's vet bills and the loss of our... Read more »

William John Light
William John Light answered on May 7, 2021

Your daughter has a good case against the owner of the dog. You have a case to recover your vet bills from the owner of the dog. Hopefully the owner has homeowner's insurance that applies. Your daughter, especially, needs to consult with a personal injury attorney. This is far too complex... Read more »

1 Answer | Asked in Animal / Dog Law for California on
Q: A horse hauler drove onto my property, ran over my dog and injured her. I have $1,200+ in vet bills.I want them to pay

I have no affiliation w/ horse hauler. I have a gated entrance and fully fenced property.

Horse Hauler drove onto my property following the owner of the horse they were picking up. They picked up the horse and left without even speaking with me.

I called and asked her to pay for... Read more »

William John Light
William John Light answered on Apr 29, 2021

You can sue in Small Claims court and get a judgment of up to $10k if you prove your damages in that amount. Whether you can collect mostly depends on whether the hauler has insurance that applies.

1 Answer | Asked in Animal / Dog Law for California on
Q: What can I do to help neglected puppies of animal control won’t step in?

CA-Neighbors have puppies in cage all day/night. Left out in rain and heat. Contacted animal control, nothing followed. They are given water and food once a day for 6 left alone the rest of the day.

William John Light
William John Light answered on Apr 25, 2021

You have no legal rights to do anything. You can offer to buy them if Animal Control believes that the puppies are being given legally adequate care but you disagree. If the owner doesn't want to sell, then move on.

1 Answer | Asked in Animal / Dog Law for California on
Q: My boyfriend gave my dog away without my permission the same day he request to get my dog back he paid the person

who took my dog and now the person doesn't want to give me my dog back

William John Light
William John Light answered on Apr 23, 2021

Call the police and report that this person is in receipt of stolen property. You can also sue in Small Claims for money and/or for an Order for return of your property. Your success will depend on whether your boyfriend was the owner of the dog or had authority to give it away.

1 Answer | Asked in Animal / Dog Law for California on
Q: I'm a dog walker, I walked a dog for 3 days. the dog bit a ladies long sleeve which cause her to fall now i'm being sue.

i had never walk this dog before, I was hired through wag.

William John Light
William John Light answered on Apr 20, 2021

Contact Wag and see whether you are covered under its liability policy. If not, you might be covered under the dog owners policy.

1 Answer | Asked in Animal / Dog Law for California on
Q: Is it legal/humane to shoot your dog as a way of “putting it down”?

My sons father deemed his pitbull terminally ill. The dog was taken to a vet for, if I remember correctly, seizures. I never heard of the outcome to that visit, and shortly after my son called and was so upset, crying, and told me his dad shot the dog. I understand the dog was sick, but I was... Read more »

William John Light
William John Light answered on Apr 7, 2021

This could be illegal for a number of reasons. Animal cruelty, illegal discharge of a weapon, etc. Depending on circumstances, it might be legal. It really depends on the facts of exactly what happened. Make a complaint to the Sheriffs Dept. or police and find out.

1 Answer | Asked in Animal / Dog Law for California on
Q: Is my now ex wife liable for Lawsuit involving our dog injuring someone while we were married?

My now ex wife and I were separated at the time but we were still married and living together..while I was away one day coaching our sons football team our dog got out of the house while she was home and Dog saw another little dog and it’s owner picked up her dog and our dog a Akita subsequently... Read more »

William John Light
William John Light answered on Apr 5, 2021

If it's a community debt, then she should bear her share of it. It's unclear whether your wife was a party to the litigation, and/or was aware of the settlement conference. It's also unclear whether your wife has the funds to actually contribute the $30k which might be her share.... Read more »

2 Answers | Asked in Animal / Dog Law for California on
Q: My puppy was attacked by 2 pitbulls and lost an eye. How do I get the owner to pay and get rid of his dogs

Owner refuses to give up his dogs to animal control. These dogs have attacked before & ever since the incident they have gotten loose almost every day. My 2 month puppy was on a leash in our yard and they came into our yard with the intention of attacking me, but saw my puppy and went for him.... Read more »

William John Light
William John Light answered on Mar 25, 2021

Call Animal Control yourself.

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1 Answer | Asked in Animal / Dog Law for California on
Q: Stray dog - what are our rights?

Hi we found a dog and reported it to the local shelter in California. They have now put out a Facebook post asking for anyone in the area to come forward. She is not chipped and was found with a dog collar but no tag, which leads us to think she may have been abandoned. When can we reasonably... Read more »

William John Light
William John Light answered on Mar 24, 2021

After you surrender it to Animal Control and adopt it legally.

Civil Code § 2080. Duties of finder

“Any person who finds a thing lost is not bound to take charge of it. . .but when the person does take charge of it he or she is thenceforward a depositary for the owner, with the...
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