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California Animal / Dog Law Questions & Answers
1 Answer | Asked in Animal / Dog Law for California on
Q: My 25 yr old Daughter took my cats when she moved out - Against my wishes

I obtained two cats over 15 years ago, and have cared for them since. My daughter has been living rent free in my home for six years since she reached her majority, and has a strong emotional attachment to them

Two days ago she snuck out of the house with all of her belongings and my... View More

Maurice Mandel II
Maurice Mandel II
answered on Aug 16, 2020

Sue her in Small claims for "Conversion" of your personal property, value the cats at about $2500.00, you can also ask for an injunction for her to return the cats.

Justia disclaimer below, incorporated herein.

3 Answers | Asked in Animal / Dog Law and Employment Law for California on
Q: Can you get fired from your job/ sued for letting someone’s animal out accidentally?

My husband is a pest control man and he opened the back gate of a home to spray. The home owner was in the front yard and the garage open while talking on the phone. He leaves after he’s done his job and hours later gets called back because they think he left the gate open and the dogs got out... View More

Neil Pedersen
Neil Pedersen
answered on Aug 12, 2020

Unfortunately, there is nothing unlawful about firing someone for something that happened that was completely out of their control. It is unfair but lawful to terminate your husband because he accidentally let the animal out. In California an employee is considered to be employed at will, meaning... View More

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1 Answer | Asked in Animal / Dog Law for California on
Q: My neighbors dog came inside my house got mine pregnant and She almost died. Can I sue him ?

When I took her to the vet they informed me her calcium was at a 3 and the normal is 7. She had a fever of 106.9 because the puppies took all her calcium during the labor; and I have to pay over $2000. I told my neighbor multiple times to watch his dog and he would let it out on purpose because he... View More

William John Light
William John Light
answered on Aug 8, 2020

Maybe. However, it's unclear how a dog would enter your house. The story doesn't sound right. Also, have you sold the puppies? Did you get more than $2000? If so, you haven't really been damaged. In any event, if you have a claim, it would be a Small Claims matter and you... View More

2 Answers | Asked in Animal / Dog Law for California on
Q: How many chickens can I own within city limits Vallejo,CA,94589
William John Light
William John Light
answered on Aug 4, 2020

Call Animal Control. They will have this information at their fingertips, so I am not going to research the Vallejo Municipal Code to find it for you.

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1 Answer | Asked in Animal / Dog Law and Personal Injury for California on
Q: My Large dog bit a small dog that was brought into the Large section of the Dog Park. Am I liable?

My dog played well at same dog park the weekend before when there were all large dogs.

My dog has never showed aggressive behavior to a human or dog before

Maurice Mandel II
Maurice Mandel II
answered on Aug 3, 2020

Calif. is not a "one free bite" state, you are responsible for your dog from the first bite or sign of aggression. Now I don't know exactly about the code of conduct in a dog park, or if by using the park, you "assume the risk of a dog bite to your dog." but this could be a... View More

1 Answer | Asked in Animal / Dog Law for California on
Q: Can a roommate file against you for getting an animal?

We recently got approval to own a dog by our landlord, and everyone in the house was on board. One roommate claimed he was excited, but after the dog arrived he now claims he does not like her. His words have been "I live here too and pay rent and I don't want to walk on wet... View More

Maurice Mandel II
Maurice Mandel II
answered on Aug 3, 2020

This is really a LL/Tenant question. Your roommate has a right of quiet enjoyment of the property that he is renting, the same as you do. You do not have the right to take that away from him and the LL cannot give you permission to take it away from him. If RM dad is an attorney, he will know... View More

2 Answers | Asked in Animal / Dog Law for California on
Q: ls a document legally binding if I was in an altered state?

My ex boyfriend took advantage of my mental state during a panic attack and made me sign a handwritten document in order to get my dog. I pay for majority of her care. She is basically a therapy pet.

Maurice Mandel II
Maurice Mandel II
answered on Jul 28, 2020

Maybe. Depends on how altered your state was.

Justia disclaimers below, incorporated herein.

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1 Answer | Asked in Adoption, Animal / Dog Law and Municipal Law for California on
Q: My outdoor cat was feral, then I tamed him. He isn't registered. I need to take him to the vet. Will he be impounded?

Will I be fined? Also, do vets care if pets are not registered? Do they offer pet registration services? I couldn't find anything on these in my city (Fremont)'s ordinances or regulations, so please let me know what the city law would say about this.

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

Whether vets report unregistered pets isn't a legal question. Call the vet and ask. I've never heard of that happening, but I don't know the practices of every veterinarian.

Fremont requires a license for every dog or cat that is owned, maintained or boarded that is over...
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2 Answers | Asked in Animal / Dog Law for California on
Q: Is it illegal to feed or adopt feral cats in the tri-city area, California? Is it a crime to keep them as outdoor cats?
William John Light
William John Light
answered on Jul 27, 2020

The act of feeding cats, specifically, is not a crime under state law. However, placing food outside makes it accessible to wildlife as well, which could be construed as "Harassment of Animals." Under Title 14 California Code of Regulations 251.1 , "harassment" is defined as:... View More

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1 Answer | Asked in Animal / Dog Law, Child Custody and Small Claims for California on
Q: If my now ex is withholding my documented emotional support animal from me, can I take legal action?

I adopted a cat in 2017, and signed the adoption papers for it. I also have documentation that the cat is an emotional support animal for me. My ex-boyfriend was taking care of her temporarily before we split up, but is now refusing to give her back.

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

It's unclear if you are the sole owner, or a joint owner. Having the animal documented as an emotional support animal doesn't answer that question and wouldn't entitle you to deprive another owner of rightful possession.

If you are a joint owner, the two of you will have to...
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2 Answers | Asked in Animal / Dog Law for California on
Q: How can I get my dog from a woman I made an agreement with when breeding?

I bred my dog and agreed with a friend that I would receive pick of the litter and she would keep the rest. Once the dogs were born she asked if I would sell her my dog which I agreed to do. I waited for her to pay me and when she didn’t I texted to ask her when she would. She asked the price... View More

Kristina M. Bergsten
PREMIUM
Kristina M. Bergsten
answered on Jul 19, 2020

You’ll have to sue. You log be able to talk the police into getting your breeding dog back, but they likely won’t help. The puppy you’ll definitely have to sue.

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2 Answers | Asked in Animal / Dog Law for California on
Q: My ex wants her dog back and he legally belongs to her but I know I take better care than him. My roommates agree.

She lives in a homeless shelter at the moment and our relationship ended because she’s manipulative. He had anxiety when she had him and was overweight. He is noticeably happier. If she takes him back he will live with in hoarders house and would not receive the attention he does here nor the... View More

William John Light
William John Light
answered on Jul 18, 2020

Nothing you wrote makes you the owner.

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1 Answer | Asked in Animal / Dog Law for California on
Q: My ex filed falsified statements in court to steal my dogs. How do I best have a chance to fight this?

I got these dogs for me to help combat my PTSD I received while serving in the military. I have proof of purchase for one and the other one was a Christmas gift which I have a witness statement letter and Facebook post to prove. I have the vet bills for both that I paid for as well (which she used... View More

Kristina M. Bergsten
PREMIUM
Kristina M. Bergsten
answered on Jul 18, 2020

If you have the ownership documents and something to prove the gift, then you can sue in replevin to get the dogs back. I’m unclear what you mean by the ex filed false documents in court, because I don’t know what documents and what kind of court (civil or criminal), so it’s kind of hard to... View More

1 Answer | Asked in Animal / Dog Law for California on
Q: Is it legal for someone to put a shockcollar on my dog, even when that other person has nothing todo with my dog?

I have a roommate, he put shock collars on my dogs and claims they're for "training" purposes. They don't bark often, and don't bother anyone. But I don't feel like he has a right todo something so cruel to my pets.

William John Light
William John Light
answered on Jul 18, 2020

It is a trespass to your personal property, which is a civil wrong, not criminal (at least in California. You appear to be in Ohio). It might be animal cruelty, depending on what he does with the shock collar. You should talk to the police and make a complaint, or get a restraining order, if... View More

1 Answer | Asked in Animal / Dog Law for California on
Q: So if I am the one who provided the female, and take care of all cost on care, wouldn't I have the say so on my pups
William John Light
William John Light
answered on Jul 16, 2020

Unless you had a different agreement upon which everyone relied before breeding, the pups are yours.

1 Answer | Asked in Animal / Dog Law for California on
Q: My female dog is pregnant, mated with my son's stud, who has legal rights to the puppies

My sons are twins and they both think they have a right to my pups

Kristina M. Bergsten
PREMIUM
Kristina M. Bergsten
answered on Jul 16, 2020

It would be the person who owns the stud, potentially. But usually stud-owners don't retain ownership in the pups, they just get paid for stud fees (i.e., the sperm).

2 Answers | Asked in Animal / Dog Law for California on
Q: My friend was taking care of my dog while I was deployed and now he doesn’t wanna give it back to me.
Maurice Mandel II
Maurice Mandel II
answered on Jul 15, 2020

It is no different than if you asked him to store a motorcycle for you and he refused to return it. It is your property and he is wrongfully denying you your property. In Civil law this is called a conversion, it is a tort. You could report it to the police as a theft, see if they will help you.... View More

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1 Answer | Asked in Animal / Dog Law and Criminal Law for California on
Q: can I be arrested for jumping thru a window to retrieve my gfs dog that wasn’t going to be given back by her mother?

My girlfriend and I recently got kicked out by her mother for such unjust reasons, but we weren’t able to retrieve all of our belongings including her dog whom she’s owned for almost 5 years now. We arrived today and called if we can have her dog and go in peace, instead her mother refused, and... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 14, 2020

Trespass is the criminal entry onto the property of another without privilege. If you committed a trespass, you could be arrested. What you did is called resorting to "self help" and is best left to vigilante movies.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Adoption and Animal / Dog Law for California on
Q: Vet adopted out my service dog without my consent or knowledge. How do I get her back?

Abracadabra aka Abby is my whole world, my furbaby, my Service Dog! I left her with a friend (sitter) for a few hours and in that time she got out and was part of a hit and run. I took her to the vet, told them she is my world, gave them 2 email addresses since I had just lost my phone and said I... View More

Kristina M. Bergsten
PREMIUM
Kristina M. Bergsten
answered on Jul 13, 2020

There's not enough information here, but if the vet thought you abandoned your dog, they can give your dog to a shelter.

1 Answer | Asked in Animal / Dog Law for California on
Q: I live in CA and my cat was stolen out of spite by an old employee. He took my cat with him back to TX and lost him.

What actions can I take against him?

Maurice Mandel II
Maurice Mandel II
answered on Jul 13, 2020

Very sorry to hear about your cat. This person is responsible to you for destruction of your personal property. You have jurisdiction over him here in California since the theft occurred here. You can sue him and then you have to get him served. You may end up getting a default judgment against... View More

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