Legal Question in Civil Litigation in California

Re: I was given a dog which I paid 75$ for, can they take me to court to get it

From the facts you have provided, it sounds like you gave the dog's prior owner $75 for the dog and that she accepted. If that is the case, then you are entitled to keep the dog.

However, if this woman was not actually the dog's owner (e.g. if it really belonged to her daughter), then she could not sell it to you and you would not have any right to keep it. Then again, if she was not the owner, she would not seem to have any claim on the dog that would hold up in court.

Also, if she somehow did not know that you wanted to buy the dog, she could claim that she never intended to sell it to you. You say that your boyfriend got it from her, but this is a bit vague. Did she give it to him intending to part with it? If so, then I don't see why you paid her at all for a dog that had become your boyfriend's. Maybe you paid her to be kind; if so, then she really deserves to lose her case -- she gave the dog away to your boyfriend and then received a gift from you, and now claims to be entitled to undo the gift!

She can try to take you to court (small claims in all likelihood), but if she owned the dog and knowingly gave it up then she should lose the case.

The facts are a little bit unclear in your question, but I hope this helps.

Re: I was given a dog which I paid 75$ for, can they take me to court to get it

Oddly enough, because it happens so rarely, but I am currently embroiled in a lawsuit exactly like that which you describe . . . almost. My client is the long time and registered owner of a dog, who was being watched (for compensation) by a neighbor. When the neighbor decided she liked the dog more than my client, she decided to keep the dog, alleging that my client gave her the dog as a gift; hence we are suing the woman for recovery of the dog and for damages for theft. (The case is pending in South Orange County court).

I was able to get the dog back for my client pending a November trial, though we had to go in for an emergency writ for possesion to do so, which we got.

To answer your question: In order for a gift to be enforcible in court, ther has to be three things or elements, all of which must occur at the same time: 1) there has to be an express statement from the alleged grantor (or giver) that a gift is being made of the dog; (2) The giver must have competent legal mental capacity to understand the she or he is doing in the giving of thge gift (i.e., you csnt be mentally incompetent for instance), and (3) the words expressing the giving of the gift musdty have neen herard by a third and disinterested party.

It sounds like, from your facts, that al these 3 elements were present so it sounds like you can keep the dog.

Let me know if this is of any assistance, adn if I might be able to assist you further. My office inmformation is provided below.

Good luck and take care,

Sincerely,

Rory D Izsak

Tel: (619) 420-9924

Fax: (619) 691-9343