Legal Question in Consumer Law in California

Dog owner ship

about 4-5 months ago I was given a teacup chawawa. Now the previous owner wants the dog back. What are the chances of me keeping the dog if the situation went to court


Asked on 2/10/09, 6:16 pm

2 Answers from Attorneys

Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Dog owner ship

If it was a gift, it is yours. This is going to be somewhat oversimplified, but it was a gift if:

1. the person intended to make a gift to you

2. the person delivered the dog to you (or surrendered possession to accomplish #1 above)

3. you accepted the gift

If those things happened, it is probably yours.

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Answered on 2/10/09, 6:21 pm
Thomas Mauriello Mauriello Law Firm, APC

Re: Dog owner ship

The law generally is that a gift is a gift and need not be returned. You stated that you were "given" the dog. If that is true, you legally are not required tpo give the dog back merely because the giver wants it back.

I suspect that there is more to the story than was disclosed here. Why was the dog "given" to you? Were you asked to watch the dog for a period of time? Were there any restrictions or conditions on the "gift"? Was there any time duration?

If there were no conditions or other restrictions, and it truly was a gift, then it is yours.

Good luck.

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Answered on 2/10/09, 8:00 pm


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