Legal Question in Real Estate Law in California

Wanted to know if we have a case:

We had gotten a dog (Potatoe) in 2006 and we couldn't take care of her in 2008 due to living arrangements so we asked my Sister if she could take Potatoe and that we would pay for the food and Vet bills and she agreed. My sister registered Potatoe under the city that she lives in. A month into Potatoe being with my sister, my brother and his girlfriend took Potatoe to the girlfriends parents house. The parents advise us that they were more than happy to watch the dog. We asked how Potatoe is doing everytime we saw the Parents and we did get to see her a few times when my brother brought her over when we asked to see her. Recently - 2011, we asked for the dog back but they are claiming that the dog is theirs now and will not hand her over. Please advise on what my options are. Any information that you can provide would be greatly appreciated.


Asked on 4/27/11, 12:25 pm

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

First, this is not a question about "Real Estate and Real Property." Dogs are personal property, not real property.

Your options are not great. You can voluntarily relinquish ownership of Potatoe to her new family; you can continue to make requests and demands for her return, or you can go to court to try to enforce your right to possession of your property. Since this does not seem to be a matter that would be within the jurisdiction of a small-claims court, you'd have to go to Superior Court in the county where Potatoe now lives, pay a filing fee of almost $400, serve all the defendants, and wait for a settlement offer or for a trial.

You would probably win a lawsuit for claim and delivery of your personal property, but with so many dogs awaiting adoption, you might just want to pick out a replacement at the shelter.

Read more
Answered on 4/27/11, 12:42 pm
George Shers Law Offices of Georges H. Shers

You should also consider the feelings and effect upon the dog. You had it for two years and it has lived for three years with the girlfriend's parents who probably have more time to pay attention to the dog than you do. The dog has bonded with the new "owners" and will feel lonesome if you break up the relationship. Can you be positive that there will not be another time that you can not take care of a dog.

Read more
Answered on 4/27/11, 1:10 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California