Legal Question in Civil Litigation in California

Re: roommates fight over a dog

If your roommate paid the rightful prior owner for the dog, then the dog is his. You can't become its legal owner merely because you have been a more active caretaker, even if you do feel that you are more qualified. You aren't two parents fighting over custody of a child; you're two friends fighting over possession of a piece of property that you both seem to agree was purchased by the other person. I don't think you have any basis for a claim here.

I'm a dog lover myself and I don't like talking about them as if they were appliances or clothing, but in the eyes of the law there is essentially no difference. As long as the owner doesn't violate animal cruelty laws and meets whatever legal requirements his community imposes for dog ownership, he can keep the dog. And if he violates those rules the local authorities will be the ones to remove the dog and take him (the owner, not the dog) to court.

I have read Mr. Johnson's reply, and I think he is too optimistic about your position. The fact that you chose to spend your money on your friend's dog is not enough, by itself, to give you a viable claim to the dog. If your roommate gave you the dog the result would be different, but I you aren't making such a claim. And I also don't agree that you have a basis to sue for the money you spent on vet bills unless the two of you made some sort of agreement about these payments and he violated it. You did your friend a favor and favors can't be turned into loans after the fact.

I understand your desire to have the dog neutered, but this is something the owner gets to decide on and he has decided against it. The fact that you disagree with his decision and his reasons for it is your problem. And I sympathize with the idea that he should put down the older dog if it is in pain, but again this is his call.

The fact that you had the dog microchipped in your name doesn't help you, either; if anything, it gives your roommate a claim against you for doing this to his dog without permission. And the lack of any "paper on the sale" also proves nothing; I own lots of property for which I cannot produce documentation. Even if lack of such papers somehow could be used to prove that a person isn't the true owner of a dog, this would not help you; after all, you don't have such papers either.

Re: roommates fight over a dog

The more indicia of ownership you can demonstrate, the better your chances are of winning if the matter went to Court (small claims). Certainly paying the vet bills, license, microchip, etc are a good indication that it is your dog, but may not be enough to overcome the fact that it sounds like the other person purchased the dog (although has no written proof). If the judge decides it's the other person's dog, you might want to ask for recovery of the money paid for vet bills. Maybe the prospect of paying $3000 will get him to change his mind. Although the fact that you appear to be a better caretaker for the dog may be somewhat persuasive, it is likely legally irrelevant, as a dog is legally just property, unlike a child.

As to whether you actually need to go to court, rather than just taking the dog you claim as yours, you will need to email me with more detail.