Legal Question in Civil Litigation in California

thats not what we agreed

i let a friend of the family take my dog home i was thanking about leting the dog go live with her she said she wanted the dog & you could see her anytime you want and if she desided she didnt want to keep her she would give her back to me. we agreed with witnesses my dog was not to be given away if she couldnt keep her she would give her back to me a week and 1/2 latter i go to her house to see my dog i find out she gave her away i started to cry she gave the dog to some one that lives in her apartments i asked her if i could see her she said that her & the new owner agreed i wasnt to see the dog. can i sue her and get my dog back? please help me i love my dog im very sad with out her thanks for your time.--name removed--


Asked on 2/19/03, 6:23 am

2 Answers from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: thats not what we agreed

your case can be somewhat tricky, but there is a good chance you may be able to get your dog back and/or be compensated for the loss of the dog.

however, i would need to know more about this oral agreement you had with your friend, information about your witness and what exactly he/she witnessed in respect to this agreement, and whether or not the person who now has the dog paid money or not for the dog without knowledge of your agreement with your friend who initially took the dog. email me back with as much thorough information as you can, and i will be happy to try to help you get your dog back.

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Answered on 2/19/03, 2:05 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: thats not what we agreed

Thanks for your posting.

Basically, you have a contract with this other person, and they violated their terms of the contract.

Because the law is set up to give you monetary damages, and it wasn't necessarily the fault of the new owner that this happened, you may only be able to sue for the value of the dog, not an order returning the dog to you, unfortunately.

If you have other questions, or need representation, please email me directly at [email protected], and best of luck.

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Answered on 2/19/03, 3:38 pm


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