Legal Question in Personal Injury in California

Animal issue

People were living together taking care of a cat financial etc. The owner of the cat was not taking good care of the cat. She had the cat for about 1 month. When everyone moved out one of the people took the cat from the owner. Because the owner was neglecting it. The owner asked them about it and they denied it. 5 months later she comes to the house looking for it. When they are not home someone else answers the door and she comes in and takes the cat. The first person took good care of the cat and got all its shots and everything it need to be healthy because it was a sick cat. Can we sue to get the cat back or the money put in to it? What would we sue for?


Asked on 3/07/07, 1:13 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Animal issue

You must be kidding. You stole someone else's cat, and now that the rightful owner has found out and retrieved her pet *you* want to sue *her*???

Thieves never become the rightful owners of what they steal. The cat was thus never yours. You had no right to possess the cat while it lived with you, and you have no right to demand it back.

The fact that you spent money on the cat is unimportant. If the cat was lost and you merely cared for it until it was reunited with its owner you would be entitled to recover your reasonable expenses. But stealing the cat is not legally equivalent to finding it.

I empathize with your desire to take care of a cat you felt (correctly, I presume) was not being cared for properly. But the way to handle such situations is to call animal control. If circumstances so warrant, they can seize the neglected animal and put it up for adoption. Had you made such a report you might well have become the cat's legal owner by now.

You need to remember that animals in captivity are property. There are laws against mistreating them, but otherwise they are basically like any other property. You aren't entitled to take one just because you think you could be a better owner -- even if you're right.

So, between you and the cat's rightful owner, guess who can successfully sue whom.

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Answered on 3/17/07, 8:56 pm


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