Welcome to this research guide on Pet Ownership Disputes. We hope this guide is helpful if you find yourself in a dispute over ownership of a pet with another person.
This guide covers cases arising from situations such as:
This guide does not cover disputes related to veterinarian liens, which allow a veterinarian to keep possession of a pet and/or sell a pet if the bill for treatment services has not been paid, subject to timing and notice requirements. For more information on that topic see Cal. Civil Code §§3051-3052, and this fact sheet from the California Veterinary Medical Association.
This guide also does not cover pets as part of the division of marital property in a divorce. Although "custody" of pets cannot be awarded in a divorce, because pets are treated as property in California, there is a law allowing the court to order either sole or joint ownership of a pet as part of the property distribution in a divorce, taking into consideration the care of the pet. Cal. Family Code §2605. For assistance with division of property in a divorce, the Family Law Facilitator at the San Diego Superior Court can help you if you are not represented by an attorney.
Disclaimer: This is a brief introduction only to the topic of resolving pet ownership disputes. It is not intended to be a comprehensive resource, and is being provided for informational purposes only and does not constitute legal advice. If you require further assistance, please consult a reference librarian for help with additional research, or consult an attorney.
Although most people love pets and treat them as family members, pets such as dogs and cats are treated as the property of their owners under California law. Kimes v. Grosser (2011) 195 Cal. App. 4th 1556. Additionally, Cal. Civil Code §655 recognizes the status of domestic animals as property. Under California criminal law, the theft of a pet is treated as grand theft or petty t
heft. Cal. Penal Code §§487e (grand theft); Cal. Penal Code §487f (petty theft).
Ownership of an animal does not change simply because an animal has left the owner's premises. People v. Kasold (1957) 153 Cal. App. 2d Supp. 891. See below for more details about the law regarding lost and found pets.
In pet breeding situations, if there is no prior agreement between the owners of the parent animals about who will own the offspring, the offspring belong to the owner of the dam (female animal). Zuniga v. San Mateo Dept. of Health Services (1990) 218 Cal. App. 3d 1521.
Because of the status of pets as property, a lawsuit to recover possession of personal property is one type of lawsuit that can be filed to resolve a pet ownership dispute. There are other legal theories/causes of action that may be appropriate in some pet ownership dispute cases. Be sure to consult with an attorney if you need more information.
The San Diego Law Library is San Diego's access point to legal information, resources, and referrals to help you. Click here for hours and partner locations or contact us at refdesk@sdlawlibrary.org or 619-531-3900.
California Civil Code sections 2080 - 2080.3 describe the legal requirements that apply to lost and found pet situations and that require the finder of a lost pet to take certain steps to attempt to reunite the animal with its owner. The finder of a lost pet cannot simply keep the pet. Instead, they must attempt to inform the owner or turn the animal over to law enforcement, as detailed below.
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