Legal Question in Criminal Law in California

small claims

Our dog got out and got in a neighbor's back yard n was messing with the owners cat but the neighbor was intoxicated and thought our dog was hurting the cat. When we arrived our dog was on the sidewalk and the neighbor was screaming that our dog killed his cat , the neighbor had our dog in one hand and a sledgehammer in the other and threatened to kill our dog unless we wrote him a check or $100,000 dollars. He then proceeded to drag our dog in his backyard -after being told by police dispatch to release our dog-he told us our dog was not leaving his yard alive. My husband went into the back yard to save our dog at which time the neighbor put the sledgehammer thru our dogs collar and lifted him off the ground. Our dog was struggling for breath so my husband felt he had no choice but to bear hug the neighbor and loosen our dogs collar, the neighbor now is trying to sue us for trespassing and assault. We feel that his being intoxicated exasperated the situation and feel that he was torturing our dog. As it turns out the cat had a scratch and was nowhere near death. If someone drags our animal into their backyard threatening to kill it do we have the right to enter the property?


Asked on 4/20/07, 2:45 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: small claims

Based on what you have said, your husband's actions were entirely justified. Unless the neighbor somehow persuades the court that this isn't really what happened, you should win easily.

To be on the safe side, be sure to subpoena a police records clerk to show the court the dispatch records. If there were any other witnesses, subpoena them, too.

Good luck, and please let me know how this turns out.

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Answered on 4/20/07, 3:10 am


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