Legal Question in Civil Litigation in California
Hello, I live in Orange County, CA and just got a civil citation from the OC Animal Care Agency for $250.00 due to a bogus barking dog complaint. The complainant lives 1/2 mile away across from a large church parking lot. Our dog is a 12-lb Maltese and is an indoors dog. I\'ve obtained signatures from 5 of my immediate / adjacent neighbors certifying that they\'ve never heard our dog bark as alleged. What can we do to stop this harassment from this individual and the OC Animal Care Agency? Thank you in advance for any advice! LMN
1 Answer from Attorneys
For starters, Animal Control generally doesn't cite until and unless they have heard barking themselves on a visit to your property, and then only after repeated complaints about you. And, they can take complaints anonymously to protect the Complainant if there is concern for retaliation. That means that one or more of your neighbors is likely the real complainer. So, again generally, the implication is that you've intimidated neighbors into signing something not true. You get to defend the citation and present whatever evidence you have, with whatever credibility it has. But, if the dog barks, you're going to get cited. Enough citations and you'll be ordered to relocate or destroy the animal. That's how the 'nuisance' is remedied for the neighbors.