Legal Question in Legal Ethics in California

animal abandonment and ownership rights

An abandoned and abused dog trapped in a car was

given to me for temporary holding until owner claimed

it. I was told within one week if i heard nothing, keep the

dog. Almost two months have passed, and now the

owner wants the dog back. The officers involved have

threatened me that i will be responsible for criminal

grand theft if i do not return the dog. The dog was

severly abused and mistreated and I have given it the

medical attention it needed. Am i really at a threat of

grand theft for ''stolen'' property that the officers gave

me? In good conscious I cant return the dog to the

owner who is neglectful and criminally irresponsible;

drug paraphanalia was confiscated from the car. What

are my options and/or responsibilities?


Asked on 12/20/05, 7:27 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: animal abandonment and ownership rights

California Civil Code section 2080 requires that you, "within a reasonable time, inform the owner, if known, and make restitution without compensation, except a reasonable charge for saving and taking care of the property. Any person who takes possession of a live domestic animal shall provide for humane treatment of the animal." Thus, you are required to return the animal to the known owner, and get paid for your care. If you are not paid, you can file a small claims action against the owners.

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Answered on 12/21/05, 4:44 am


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