Legal Question in Civil Litigation in California
I live in Bakersfield, California and this morning 2 Rottweilers who live three houses away got into my backyard and killed my small dog. They dug out of their back yard and broke through 2 fences to get into my yard. This is not the 1st time they have gotten out of their yard and the police have been called before. Animal control took the dogs into custody but said the owners can have the dogs back once their yard is secure. I have 2 small children and I fear they will come back to my house if they ever get out again. Is there anything I can do to keep the owners from being able to bring the dogs home?
3 Answers from Attorneys
Contact Animal Control and point out that the dogs have gotten out before, you have two small children who may still be carrying the scent of the killed dog on them so make them more attractive to those dogs, and you fear for the safety of your children so demand that the dogs not be allowed back but if they are it must be clear that they can not escape again. Call the police; tell the dog owners of your fears and do they want an attack on a child on their mind. Sue in Small Claims Court seeking punitive damages.
I might sue in superior court seeking a permanent injunction and damages, or move. If you are aggressive in your continuing lawsuit, he may move or give up the dogs. You cannot be too careful in this situation.
Best,
Daniel Bakondi, Esq.
415-450-0424
The Law Office of Daniel Bakondi, APLC
870 Market Street, Suite 1161
San Francisco CA 94102
http://www.danielbakondi.com
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I need more facts about the prior incidents. Follow Mr. Shers' advice except the small claims action. I'm not sure that would be anything but a waste of time. The real issue is whether you can get the dogs designated as Vicious or merely a "Potentially Dangerous" dogs under the Food and Agriculture Code. At a minimum you want them declared "Potenitally Dangerous."
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