Legal Question in Civil Litigation in California

Trespass to chattels.

I agree with Mr. Roach. But it doesn't sound like you were significantly harmed by your neighbor's actions. If you sue and win, you would only be entitled to recover the value of the harm she actually caused.

Yes, you endured two hours of emotional distress. But that wouldn't have happened if you had kept your gate closed. So you are at least partly to blame for the distress you suffered. If a judge or jury found that you were, say, 75% at fault, the neighbor would be responsible for at most the remaining 25% of your distress.

It's not even clear that you could prove she's at fault at all. The dog might have wandered off, been hit by a car, etc. if your neighbor hadn't let him into her house. That would have been even more distressing. It's thus possible that your neighbor helped you.

If you sue, you would have the burden of proving what happened and of showing that your neighbor is at least partly to blame. You would also have to show the fair value of your suffering.

I'm a dog lover myself, so I empathize with you. But two hours' worth of worry about your dog is not worth a lot of money. What little it's worth is at least partly your own fault, so the amount you could recover would likely be quite small. Let's say your worry was worth $200 and your neighbor is 25% to blame for it. You could only recover $50. The numbers might turn out to be a bit higher than this, but you're not going to get a lot of money even in a best-case scenario.

At most this sounds like a small claims case. I'm not at all sure even that much is justifiable. After all, many dogs go missing for a while. The resulting worry is a normal part of dog ownership. I think you should just be happy your dog is safe, and not worry about pursuing your neighbor.

Good luck.