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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: CA Real Estate
Satisfied Customers: 117440
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My next door neighbor tore down part of the fence in

Customer Question

My next door neighbor tore down part of the fence in October. She would not let us put anything up because according to her the fence ha to be Redwood. In early October my dogs 65 and 75# ***** into an altercation with their terrier and he was humanely euthanized. She claimed their was blood all over their backyard. It is very small and contains a pool and flagstone. My husband and I looked and found nothing. Her husband claimed to have separated the dogs and they reattached and he needed to put a hose on them to separate. I got a called right away to apologize. Gave cards and flowers. Said we would pay for his vet bills. They then reported our dogs to animal control and they were taken into custody. We had to pay $1000 per dog so they didn't have to stay in animal control. We dealt with a Sargeant that admitted to never meeting my dogs, he called himself a prosecutor. No investigation was ever done. The dog owner admitted that his dog could have provoked attack in the hearing. The issue was not about a dog assaulting a human or ever being aggressive but he said that he was worried that they would attack his niece. We had to put up a barrier to get them out and did so. Animal control came out and checked it out. Our neighbor said it was ugly. She physically threatened me and used in appropriate language in front of my 8 and 14 year old. They have reported my dogs loose on several occasions when the dogs are at our house. Yesterday being the last time. Dogs were both lying on the sofa. She has now threatened with small claims court for fence when the one we constructed was adequate. She also wants the money for care of her dog. I don't know if they have insurance for it. His only evidence at the hearing was a picture of the back yard and vet care. Her dog was unapproachable, would growl at us. We never called animal control. We adopted both dogs from Oakland Animal Services and both were tested with our chihuahua mixes that growled at both of them, both reacted without aggression. I brought a lot of evidence. He admitted his dog could have provoked attack but was worried about our dogs attacking his niece when they have no history of aggression towards humans. I feel threatened every day and feel we were unfairly treated by contrast costa county animal control. Who do I complain to as the director made final decision after having case for over 1 month 10/28-12/6
Submitted: 7 months ago.
Category: CA Real Estate
Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Legally, under the law the owner of the dog that causes harm to another animal or to property or to a person is liable to pay for the cost of that harm caused. So you would be liable for that. She is liable for damage to your fence and unless you are in an HOA that mandates the fence be redwood she has damaged your property and is liable to you for repairing the damage. You need to beat her to court though and file suit against her for trespassing and damage to your property and seek a no contact restraining order against her preventing further contact with you from the court.
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