Legal Question in Civil Litigation in California

Dog Ownership

About 3 wks ago my ex-boyfriend found out I was seeing someone new. Upon hearing this he went to my house, assaulted my new boyfriend and took my 2 dogs. The dogs were acquired when we were together and since our split have lived primarily with me and visit him for 5 days every 3rd week. His reasons for taking the dogs are he doesn't want them around people he doesn't know and that my conduct/lifestyle is unacceptable.

The police were not called on the day of the incident though I wish they had been. I would like to know if there is a statute of limitations to file an assault charge. Also, if I take him to small claims court to get my dogs back is this fundamentally a property issue with the dog license being the defining factor of ownership? One is licensed in his name and one in my name but I have had primary custody of both since he moved out. I want both dogs returned and would like to know of anything (beyond the dog license) I can utilize to get them back.

Thank you so much for your input.


Asked on 9/09/04, 4:26 pm

1 Answer from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Dog Ownership

I do not believe that small claims court has the power to order a return of property but can only award money damages. Call me directly at (619) 222-3504.

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Answered on 9/09/04, 5:31 pm


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