Legal Question in Real Estate Law in California
Animal
Recently my cat who is an indoor and outdoor animal did not come home. I went looking 3xs in a week and found a man who told me this woman has my cat. Spoke to her and she will not give him back she claims she took it to a vet and had him neutered and given shots. I have shots records and she refuses to give me the cat. Saying she gave it to her mom in another city. He has been gone 1 week. He alwasy comes home daily
2 Answers from Attorneys
Re: Animal
You have a few options if an informal agreement cannot be made. First you can sue the lady in small claims court for the value of the animal, including any vet bills to date. Second you could sue her in superior court and seek a court order (injunctive relief) requiring her to return the cat. You would really need an attorney for that, unless you are good at self-help.
Despite their sentimental value, pets seen by the courts as property. Unless you want to go the expense of hiring an attorney to try to get the cat back, you may just go the small claims route.
Re: Animal
If you sue, your remedy is not an injunction, but rather the remedy of replevin. A writ of replevin is an order from the court for the sheriff to go there and get your property (the cat) back. I'm not sure if small claims has this jurisdiction, you may want to check with your local small claims advisor's office into this remedy.
If the cat comes home again, I would recommend territorializing it back to your home. This is obvious a non-legal remedy, but I know cats are territorial, and can change their territorial limits with certain stimulus.
Very truly yours,
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