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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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We got one of our dogs back they wont give us my other dog

Customer Question

we got one of our dogs back they wont give us my other dog back unless he gets fixed.
this is his 3rd time but both other times was on the 4th of July because of people lighting off fireworks illegally I might add. I guess this is very constitutional and the law is on their side. Nobody wants to help. what good is it to have a law system when nobody wants to help.
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.
Dear Customer, thank you for using our service. I would like to assist you today. Responses may have a short delay for review and research.
I am sorry to learn of this matter. I am not certain which statute or code you are referring to in particular (there are a few out there, LA County in particular has one of the strictest spay/neuter laws in the country, in addition to the CA state codes), however, you have a right to contest the alteration of your pet.
Be aware, that your fight is going to be a difficult one. Animal law is dealt with under property law (animals are not entitled to constitutional rights or protection, and the proper framework in which to approach these matters is under those legal principles).
While it is going to be helpful to have an attorney to represent you (and I understand you have already been looking for one), you can pursue this yourself. I cannot predict the outcome of this dispute, but I can tell give you a good idea of what you are up against and give you some direction for where to look for information. At the trial court level, I would expect a trial judge to simply apply the code as it is written (affirm the code or statute and require that in order to have your pet returned, it must be altered). You would then need to appeal this decision to the appellate court, at which point you can dispute the trial court's decision - but your basis for the appeal is a good faith effort to get the court to change the law. This takes a long time (months or even years). You can ask the trial court to grant you temporary (or injunctive) relief permitting you to have your pet pending the outcome of your dispute, but there is no guarantee that this will be granted (but it is certainly something you can try).
To get information to help you both in researching the substantive law (animal/property law) and the procedural law (how to move your case through the trial and appellate courts), visit your local law library. Look for two distinct sets of books - one set is called "treatises" (these are where you will look to find the information on the substantive law), and one is called "practice guides" (this is where you will find tips, strategies, and often forms or templates, for the procedural side. Law librarians can help you find the most helpful books for your particular case.

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