Lawyers, Answer Questions  & Get Points Log In
California Animal / Dog Law Questions & Answers
1 Answer | Asked in Animal / Dog Law for California on
Q: Can someone take a picture of my dog outside my gate an have animal control come onto my property an seize my dog
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 1, 2024

In California, the circumstances under which animal control can enter your property and seize a dog are governed by both state law and local ordinances. Generally, animal control officers must have reasonable cause to believe that an animal is being mistreated or neglected, or that it poses a... View More

1 Answer | Asked in Animal / Dog Law for California on
Q: Can my girlfriend‘s mother put my dog under her name without my consent?

Dog law

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 29, 2023

Under California law, pets are considered personal property. This means that without your consent, it is generally not legal for someone else, including your girlfriend's mother, to claim ownership of your dog or register the dog under her name. Ownership of a pet is typically determined by... View More

1 Answer | Asked in Animal / Dog Law for California on
Q: Can a dog breeder sue a puppy buyer for euthanizing the dog after purchase? Can they win?

The contract does not say anything about behavioral euthanasia or euthanasia in general. The contract includes a standard first right of refusal clause (if you can't keep the dog you must return the dog to the breeder to keep it out of shelters/rescues/pounds etc). The puppy has been legally... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 24, 2023

Under California law, a dog breeder may potentially sue a puppy buyer if they euthanize the dog, especially if the contract includes a first right of refusal clause. This clause generally means that if the buyer cannot keep the dog for any reason, they are obligated to return it to the breeder... View More

1 Answer | Asked in Animal / Dog Law, Copyright, Trademark and Intellectual Property for California on
Q: I want to start a dog rescue and part of the bane would include batgirls. Tracy batgirls dog rescue. Is this legal?

Name not bane

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 23, 2023

When choosing a name for your dog rescue, it's important to consider trademark laws to avoid legal issues. The term "Batgirl" is a well-known trademark associated with DC Comics, and using it in your business name without permission could lead to trademark infringement issues.... View More

2 Answers | Asked in Animal / Dog Law for California on
Q: Nationwide stated my monthly payment went from $93 to $283.00 without previous notice. Is this right or an error?

Pet Insurance. I have been with them for 5 years. Can the agent be wrong and confused it for the premium as renewal is due?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 21, 2023

Under California law, insurance companies are required to notify policyholders of significant changes in policy terms, including premium increases. If your monthly payment for pet insurance has suddenly increased from $93 to $283 without prior notice, this could potentially be an error or a... View More

View More Answers

1 Answer | Asked in Animal / Dog Law and Wrongful Death for California on
Q: Can I sue animal control/shelter for putting my dog down without any notice, permission or anything?

On my Monday morning my dog (6 yr old boxer) escape and went off running down the street. Animal control was called by a neighbor claiming my dog was being aggressive even though he didn't touch or bite anyone. He was caught by animal control and sent to the shelter. Couple minutes after the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 14, 2023

I'm sorry to hear about your situation. Under California law, the specific circumstances of your case are critical in determining whether you have grounds for a lawsuit against animal control or the shelter. Generally, shelters and animal control agencies have policies and regulations they... View More

1 Answer | Asked in Criminal Law, Animal / Dog Law and Municipal Law for California on
Q: Can this ordinance be interpreted that no hunting is allowed. Santa Clara county

Sec. B14-34.3. - Grazing.

No person shall bring any animal upon Park Property for the purpose of grazing or holding animals without the express written consent of the Director.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 4, 2023

The ordinance you're referring to, Santa Clara County Sec. B14-34.3, specifically addresses the issue of bringing animals onto park property for grazing or holding without permission from the Director. This ordinance is focused on the control of livestock or similar animals within park... View More

1 Answer | Asked in Animal / Dog Law, Civil Rights and Landlord - Tenant for California on
Q: How can I respond in a way that both addresses the accusations/complaints, and encourage them to leave me alone?

I have recently moved into an appt in the beginning of last month, and have my two ESA dogs with me. Within the first week, my dogs got into a fight over a toy and it resulted in my need to call for emergency services as I had been injured trying to break it up. After communicating to the leasing... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 1, 2023

In California, Emotional Support Animals (ESAs) are protected under housing laws. However, if an ESA poses a direct threat to the safety of others, landlords may have grounds to request its removal. In your situation, it's crucial to address both the legal and community aspects.... View More

2 Answers | Asked in Animal / Dog Law and Civil Litigation for California on
Q: In California do I need to set up a case management conference before Claim and Delivery

I'm filing for claim and delivery or replevin in California in order to get my dog back from the vet who did not notify animal control and then gave him away. If claim and delivery is a prejudgement remedy, why would I need a case conference?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 30, 2023

In California, whether you need a case management conference before proceeding with a claim and delivery (replevin) action depends on the specific court and the nature of your case. Generally, case management conferences are set to help manage the progress of a case, but they are not always... View More

View More Answers

1 Answer | Asked in Animal / Dog Law, Real Estate Law and Civil Rights for California on
Q: Hoa selective enforcement and service dog retaliation

Hoa and residents are discriminating against me because of my service dog. They proceed to make many false claims about the dog barking all night long, I was able to prove them wrong by taking a video of another dog who was actually barking all night. At that point the HOA president called and... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 29, 2023

Hi there,

If you're facing discrimination from your HOA due to your service dog, there are several steps you can take. First, gather all evidence of the discrimination and selective enforcement, including the video you took, photographs of other residents' violations that were...
View More

1 Answer | Asked in Animal / Dog Law, Civil Rights and Landlord - Tenant for California on
Q: HOA practicing selective enforcement and discrimination because of service dog

Hoa and residents are discriminating against me because of my service dog. They proceed to make many false claims about the dog barking all night long, I was able to prove them wrong by taking a video of another dog who was actually barking all night. At that point the HOA president called and... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 29, 2023

Homeowners' associations (HOAs) must comply with federal and state anti-discrimination laws, including the Fair Housing Act and the California Fair Employment and Housing Act. These laws protect individuals with disabilities from discrimination, and this includes the use of service animals.... View More

3 Answers | Asked in Family Law, Personal Injury, Animal / Dog Law and Child Custody for California on
Q: Can I file for an emergency ex parte order if my child was attacked by two pit bulls while in her father's care?

My child's father & I are in a 50/50 joint custody situation. On Monday, he had my child outside in the cold in South Central Los Angeles at a strangers house (we'll call him 'John'). John has two fully grown pit bulls who he uses as guard dogs. My daughter was outside in... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 22, 2023

In California, if you are concerned for your child's safety in the custody of their other parent, you can file for an emergency ex parte order. This is a legal action where the court can make immediate decisions about child custody without the other parent being present, based on urgent... View More

View More Answers

3 Answers | Asked in Family Law, Personal Injury, Animal / Dog Law and Child Custody for California on
Q: Can I file for an emergency ex parte order if my child was attacked by two pit bulls while in her father's care?

My child's father & I are in a 50/50 joint custody situation. On Monday, he had my child outside in the cold in South Central Los Angeles at a strangers house (we'll call him 'John'). John has two fully grown pit bulls who he uses as guard dogs. My daughter was outside in... View More

Patrick William Steinfeld
Patrick William Steinfeld
answered on Nov 22, 2023

Call the police or go to the police station and make a police report. This will help you in your request to the court. You can always request an ex parte order for emergencies. If you don't have a family law attorney, request a facilitator. LA family law courts provide facilitators that are... View More

View More Answers

2 Answers | Asked in Animal / Dog Law for California on
Q: can albert recover his two dogs that are impounded?

albert has/had 2 pit bulls. one bit someone. police took both and they have been in solitary confinement for close to two months [i think...or possibly fostered out?]. albert lost his civil case. he cannot find representation. we want to rescue his dogs, if at all possible. thanks for any possible... View More

Robert Kane
Robert Kane
answered on Nov 19, 2023

A pit bull that has bitten someone will not be adopted out. Although Albert may be a nice fellow, it doesn't seem he is able to care for or control his two pit bulls. I would expect animal control to have him on its radar. Did Albert have insurance to reimburse the victim of the pit bull bite?

View More Answers

2 Answers | Asked in Animal / Dog Law for California on
Q: can albert recover his two dogs that are impounded?

albert has/had 2 pit bulls. one bit someone. police took both and they have been in solitary confinement for close to two months [i think...or possibly fostered out?]. albert lost his civil case. he cannot find representation. we want to rescue his dogs, if at all possible. thanks for any possible... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 19, 2023

In California, the ability for Albert to recover his dogs depends on the specific circumstances of the case and the local regulations in San Luis Obispo. If one of the dogs has bitten someone, the local animal control or law enforcement may have specific protocols in place for dealing with such... View More

View More Answers

1 Answer | Asked in Personal Injury and Animal / Dog Law for California on
Q: Esa hit by postal service truck left front leg had to be amputated can someone help me
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 17, 2023

If your emotional support animal (ESA) was injured by a postal service truck resulting in amputation, you may have legal recourse under California law. The first step is to document the incident thoroughly, including obtaining any witness statements, photos of the scene, and medical records for... View More

1 Answer | Asked in Animal / Dog Law for California on
Q: I sold a puppy with out shots for 20$ now the buyer wants to sue me when I told him the puppy has not getting shots yet?

He claim that right he pick up the puppy the puppy bite his son so in order if I don’t want to get in trouble I have to return back the 20$ that he use to pick up the puppy

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 3, 2023

If you sold a puppy without shots and disclosed this fact to the buyer, the buyer assumed the risk of the puppy not being vaccinated at the time of purchase. However, if the puppy bit his son, the buyer may seek damages for any injury caused.

The fact that the puppy was sold for $20 and...
View More

1 Answer | Asked in Animal / Dog Law and Personal Injury for California on
Q: Does the Veterinarian Rule (assumption of risk) apply when a Vet agrees to come to private property to treat a horse?

This happened at a private property in Joshua Tree, California (zoned for equines). Made an appointment with an Equine Vet to come to private property to treat a horse's leg wound. The Vet arrived & began assessing the horse to treat the wound. The Vet wanted to inject a sedative &... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 21, 2023

In California, the "primary assumption of risk" doctrine often applies to situations where professionals are engaged in inherently risky activities. Under this doctrine, individuals are generally deemed to assume the inherent risks of their profession. In the context of a veterinarian... View More

1 Answer | Asked in Animal / Dog Law, Divorce and Family Law for California on
Q: I am separating from my husband and moving out of the country. How can I take the dog with me ?

His family bought the dog for us 7 years ago but I am the one that takes care of it and the dog is attached to me

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 10, 2023

California Family Code Section 2605 allows courts to take into consideration the "care" of a pet when determining ownership during a divorce or separation. Judges can now assign sole or joint ownership based on what is in the best interest of the pet, similar to child custody decisions.... View More

1 Answer | Asked in Animal / Dog Law for California on
Q: I had a dog under my care and owners failed to pick her up from me numerous times. Can I sue them for animal neglect?

I also stated multiple times that I could not care for her as well as the dog needed vet visit urgently and I could not provide that. I did not have the money and she’s not my dog. Owner kept sweeping it under the rug and downplaying it.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 28, 2023

Under California law, you may have grounds to report animal neglect to local animal control authorities if you believe the dog is not receiving adequate care and attention. Whether you can sue the owners for neglect would depend on the specific circumstances, your role in caring for the dog, and... View More

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.