Ask a Question

Get free answers to your Animal / Dog Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
California Animal / Dog Law Questions & Answers
1 Answer | Asked in Animal / Dog Law, Landlord - Tenant and Real Estate Law for California on
Q: During the moratorium am I allowed to give my tenant a 3-day notice for nuisance regarding a pet's constant barking?

my tenant got this dog during the moratorium, breaking our lease agreement. But since we can't do much with the moratorium in place tenant has kept the dog. now the dog is a nuisance he barks all the time cant enjoy our common areas because of it. The house is in Los Angeles, Ca, and is also... View More

Maurice Mandel II
Maurice Mandel II
answered on Oct 2, 2020

You need to contact a local Real Estate attorney, there are several here that you could contact and review with them exactly what the moratorium protects. IMO it does not protect a tenant from breaking the rules of the lease from being evicted, it protects people who cannot pay the rent because... View More

1 Answer | Asked in Animal / Dog Law for California on
Q: How, What and where do i need to file in modesto california to have my stolen hairless cat returned to me .

People that took cat from my homs refuse to give cat back. Cat is chioped and i have adoption paperwork. Theybsay catvwas given to them by my adult daughter who does not own cat.

Maurice Mandel II
Maurice Mandel II
answered on Oct 1, 2020

Suggest you start with your local police and treat this as stolen or lost property. Did they report the lost property to the police and wait 90 days to claim it? Did they contact the shelter? What will your errant daughter say about all this? Why did she give your cat away in the first place?... View More

1 Answer | Asked in Animal / Dog Law for California on
Q: Neighbor won’t return my friends dog

My friend was recently gifted a dog, the dog was stolen before she was able to register it. She has located her dog and knows the house it is being kept at. The guy who has her called her lost dog posters to tell her it’s his dog now, she was able to find his address from the number. She... View More

William John Light
William John Light
answered on Sep 28, 2020

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

Request for Court Order and Answer; Form SC-105 (Request for Return of Property, filed with SC-100)

Order on Request for Court Order; Form SC-105A

Proof of Service; Form...
View More

1 Answer | Asked in Animal / Dog Law for California on
Q: I had a litter of puppies about 7 months ago and we would like her back because they’re mistreating her.

When they went out of town and left the puppy at our house, she was full of flees. They kept her out in the summer during the heat. They also kept her outside at night and it’s getting cold and when we saw her she was crying. We can tell she’s scared because when they allow her to run outside... View More

William John Light
William John Light
answered on Sep 27, 2020

You have no right to take the puppy back. You can try to buy it back. If that doesn't work, and if the puppy isn't kept in a safe and humane condition, you can report the owner to Animal Control.

1 Answer | Asked in Animal / Dog Law for California on
Q: I am a senior care provider stole my dog and I want to have it returned legally what can i do please ?

I filed a restraining order because caregiver trespassed after she was told to stay off the property and she was seen by the neighbor coming after being told not to come back and took the dog from my yard i called police but because of covid19 they informed me to file online then i filed a... View More

William John Light
William John Light
answered on Sep 26, 2020

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

Request for Court Order and Answer; Form SC-105 (Request for Return of Property, filed with SC-100)

Order on Request for Court Order; Form SC-105A

Proof of Service; Form...
View More

2 Answers | Asked in Animal / Dog Law for California on
Q: I live in Los Angeles California, my former roommate lost my dog. Can I legally keep his deposit?

He was told repeatedly to keep the fence close because my dog would get out. He left it open multiple times and my dog has been missing for two months. I have had that dog for 10 years.

William John Light
William John Light
answered on Sep 21, 2020

Depends on the terms of the lease, but the deposit is usually for the landlord's protection, not roommates. Your damages are the fair market value of a 10 year old dog, if you want to sue in Small Claims.

View More Answers

2 Answers | Asked in Animal / Dog Law for California on
Q: What decides the ownership of a dog that was given as a gift.

I received my dog as a gift when I was a child from my father. Now that I am an adult, I plan on moving out with my dog. But my family and father are now refusing to let me take him. Am I allowed to just take my dog from the home? He has no proof of ownership, meanwhile, I have years worth of proof... View More

Maurice Mandel II
Maurice Mandel II
answered on Sep 20, 2020

The transfer of ownership in a gift is complete when the gift is delivered to the recipient. Once the dog was given to you it became yours, unless you gifted it back.

Justia disclaimers below, incorporated herein.

View More Answers

1 Answer | Asked in Animal / Dog Law for California on
Q: Can an animal shelter put down a chipped dog when the owner has been in contact?

My poor baby was taken to the animal shelter while I was away by an ex bf as he was watching her. He had no right to do that. She wasn't abandoned he was mad at me and took her to hurt me. She was chipped. They called my ex husband and never called me. My chip company never emailed me either... View More

Tyler Young
Tyler Young
answered on Sep 14, 2020

I am a dog owner and can only imagine the heartache you're feeling about this. I'm so sorry.

First, I recommend that you chat with a CA attorney. Most states classify dogs as property. Typically someone in your situation won't have many remedies. That said, CA may be...
View More

1 Answer | Asked in Animal / Dog Law for California on
Q: Can the new owners be arrested for not returning the stolen dog? And or the person who sold the dog without consent?
Maurice Mandel II
Maurice Mandel II
answered on Sep 12, 2020

It is not likely they will be arrested or prosecuted unless they are grossly abusing the animals. You need to seek redress in Small claims for money damages and an order to return the dog. A dog is property the same as your car. What would you do if someone stole your car and the police were too... View More

2 Answers | Asked in Criminal Law and Animal / Dog Law for California on
Q: I sold a dog without the owners permission. I tried getting it back but the people refuse to return after telling them

I told owner Ill get their puppy back and it was a mistake. I called the people who got her but the refuse to return the puppy. I did inform them 2 hours after they got her she was taken/stolen from the original owners I need to return her now. They said too bad. Can the owner file a report... View More

William John Light
William John Light
answered on Sep 9, 2020

The owner can file a report against you and the new "owners." The owner can also sue you and the new "owners" in Small Claims for the value of the dog, a daily "loss of use" rate, and/or an order for return of their property.

View More Answers

1 Answer | Asked in Animal / Dog Law for California on
Q: In California, can I sue the buyer for breach of contract and get the dogs back ? Along with monetary penalty ?

Buyer signed a contract. Breached contract in a few places the biggest being unauthorized breeding falling under “whether intentional or accidental” I have a monetary fee as well

As I can request the dogs back. I reached out to her and she blocked me. I filed in small

Claims but... View More

Maurice Mandel II
Maurice Mandel II
answered on Sep 8, 2020

Small claims is a division of the Superior Court and has jurisdiction over most civil disputes. It can provide the same remedies as the BIG court. However, Small Claims cannot hear a case that is just for "injunction" or an Order for her to return the dog to you. You have to be asking... View More

3 Answers | Asked in Criminal Law and Animal / Dog Law for California on
Q: Is it against the law in CA for a neighbor to take our cat days at a time?

these crazy neighbors have been holding our cat hostage inside for days at a time. They have been positive for corona virus and I'm 7 months pregnant. I tried calling police but they said a cat isn't considered property. Its causing me a lot of stress. I though pets were property, isnt this thef?

Kristina M. Bergsten
PREMIUM
Kristina M. Bergsten
answered on Sep 8, 2020

The police are clearly just being lazy in this situation. You can call the chief and file a complaint against the officers. The squeaky wheel gets oiled the most!

To answer your question, yes, animals (cats and dogs and cows, pigs, birds, all animals, etc.) are considered property. So, the...
View More

View More Answers

1 Answer | Asked in Animal / Dog Law for California on
Q: My roommate went in my room stole my cat and moved out i have him on camera, what can I do?

I rent a Room in a house I had a roommate who was in the middle of moving now I was gone for the day I have a camera in my Room that records in case anyone comes into my Room and takes things or breaks things because things have been missing this same roommate who was in the middle of moving out... View More

William John Light
William John Light
answered on Sep 7, 2020

Call the police.

1 Answer | Asked in Animal / Dog Law for California on
Q: Is it illegal to give dog water from a water bottle through a fence? It’s 113 today.
William John Light
William John Light
answered on Sep 6, 2020

It's illegal to trespass. If you aren't trespassing, I don't think it's illegal. If the dog is in danger, call Animal Control.

1 Answer | Asked in Animal / Dog Law for California on
Q: Can dog seller who did not provide any paperwork sue me for animal abandonment when I did not receive the dog?

I paid for the dog through Zelle online. There was no paperwork. They said they took the dog to a delivery service, the service wanted me to zelle them additional $1,500 or provide gift card of equivalent amount for the crate. I wasn't aware I was supposed to rent electronic crate. After... View More

Maurice Mandel II
Maurice Mandel II
answered on Aug 30, 2020

They can sue you for anything. You can counter sue them for concealing material terms of the sale of the dog. It sounds like you were scammed, I would like to see them in Court. For your case of fraud, you can recover the cost of the dog, your emotional distress and punitive damages against this... View More

1 Answer | Asked in Animal / Dog Law for California on
Q: Can I sue a dog boarding/training facility for my dog getting pregnant while under their care?

They told me that when she was in heat, they separated her from the male dogs but they lied. My dog came home pregnant. I asked the owner if I can at least get my money back and he told me I could just give him all the puppies if it was too much for me to handle. The liability I signed didn’t... View More

Maurice Mandel II
Maurice Mandel II
answered on Aug 26, 2020

It would certainly seem to be at least a breach of contract for them to put your female in heat in with male dogs that got her pregnant. They would be responsible for the consequential damages that occur such as any medical expenses involved with the pregnancy, or any additional costs associated... View More

1 Answer | Asked in Animal / Dog Law for California on
Q: I surrendered my dog, the next day she was euth. I wanted her back can I sue?

I surrendered my dog because of aggression and not being able to contain her. The next day the shelter euthanized her due to aggression. I called later that day and wanted to get her back. Is there a law that I can change my mind and get my dog back within a couple days?

Maurice Mandel II
Maurice Mandel II
answered on Aug 25, 2020

Please see other response to the same question that you posted. (or there is a sudden rise in cases where shelters are doing this and owners are changing their minds.) I am not aware of any law that would allow an owner the right to change their mind on a surrendered animal and prohibit the... View More

1 Answer | Asked in Animal / Dog Law for California on
Q: I recently moved in with someone and decide to give them my dog as a housemate gift. However, my terms were to be house

..Mates for the duration of the lease. Problems happened so I decided to move out after 3 weeks. I then asked for compensation or I’ll reclaim my dog since terms weren’t met. Now she has blocked me and will not pay for insurance or my dog. The dog is under my name legally. Could I purse legal... View More

Maurice Mandel II
Maurice Mandel II
answered on Aug 25, 2020

You could pursue action, but your chance of success is small. A gift is property given to another person without any compensation or "consideration" (legal word for value) therefore. There are no strings attached to a gift, you cannot pull it back. Once the transfer of the gift is... View More

1 Answer | Asked in Animal / Dog Law for California on
Q: Surrendered dog gets euthanized. I changed my mind, can I get my dog back?

I surrendered my dog because I cannot keep her in and she was starting to act aggressive. The shelter too her in and the next day they euthanized her due to aggression. Later that same day I called wanting to get my dog back but was too late. Was that legal to euthanize my dog after just one day... View More

Maurice Mandel II
Maurice Mandel II
answered on Aug 25, 2020

Sorry to hear about your situation. Once the dog is euthanized, you cannot get it back, it is dead. When you surrendered it, you gave up all rights to the animal and the shelter was authorized to take whatever action they deemed necessary.

Justia disclaimers below, incorporated herein.

2 Answers | Asked in Animal / Dog Law for California on
Q: If a neighbors dog breaks into my backyard and kills my emotional support dog, What am I entitled to?

I have the report from animal control stating the incident occurred In my backyard. The gates were closed.

William John Light
William John Light
answered on Aug 17, 2020

You may be entitled to the reasonable fair market value of your property, i.e., what would it take to purchase a dog of similar age, breed, gender, health. You are not entitled to emotional distress damages.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.