- Jurisdiction
- California
Hello, I am looking for advice on this subpoena I just received from me ex-gf and her sister. They want custody of our dog, but so do I. I am being sued for custody of the dog and 2700 dollars. I am wondering if I have any chance of winning or if i should settle out of court by giving them the dog. Here is the background info:
Three years ago (Dec 2015), my gf sister decided to leave for the UK to go see her boyfriend. She planned on going for six months. She could not find anyone to watch her dog while she was gone. Her family said her dog could not stay at their home while she was away, but she did not listen. I was told by my gf that she parked her car in front of her family's house, with the dog inside the car. And just left for the airport. (In my opinion, she abandoned her dog). Her family saw her dog in the car and took her inside and kept her in a crate in their garage for a day or two. They then told my gf that they were going to take the dog to the pound.
My gf heard this and asked if we could watch the dog to prevent her from going to the pound. I said yes. I was then told by my gf that her sister would come and pick the dog up when she returned from her trip.
Her sister returned from her trip in June 2016, but never came to pick up her dog. So we continued to care for the dog.
Fast forward to April 2018. The dog is still under care of my gf and I, but our relationship goes south and we break up. My now ex-gf packs up all her stuff and on her way out asks what we are going to do about the dog. I tell her "the dog is better off with me."
My ex says, the agreement between us and her sister was that the dog could stay with us as long as we are together. Which was not true, she was trying to manipulate me into staying in a relationship with her (she cheated on me). Not that this matters in the case. I told her, her sisters opinion did not matter since she abandoned her dog to go on her trip and didn't come pick her up when she said she would.
My ex then said, the dog could stay with me for a month and then she would come and pick her up. I did not agree to that and said the same thing, "the dog is better off with me." My ex ends up leaving the apartment and the dog stays with me.
A month later, i get a text from my ex saying she is going to come pick up the dog. I told her that is not happening. About a month after that, in July 2018 I think, I get a letter from her sister asking for her dog back. I do not respond. After that I don't here any requests to give the dog back.
I received a subpoena last week with the plaintiffs listed as my ex and her sister. Court date is in March. Can I win and keep MY dog?
My argument is that they both abandoned "their property (the dog). Her sister abandoned by going on this trip, and then did it again by not picking up her dog at the agreed upon date. That, in turn, made the dog the property of my gf and I. My gf then abandoned the dog, by leaving the dog at the apartment with me and no agreement being made between us. Am I making the right assumption that I can win this case because they "abandoned" their property?
Another problem I might face is the fact that I only have my word as defense. I do not have any documents backing up my case (i can dig up a few receipts of dog food/vet bills and pictures showing that i was taking care of her, but that's it).
The plaintiffs have the ownership papers of the dog and I'm sure they plan to use that in the case. I know they plan on stating that they need the dog because of mental illness (anxiety) that her sister has and that they have a therapist note or something. I don't know what else they might try to use. Maybe some texts between me and my ex. I know she saved all het texts between me and her. I did not do the same. Not sure what she might dig up. But i am sure I didn't agree to give up the dog.
So do I have a shot at winning this case or do I have to accept the inevitable and give up my dog?
Thank you for taking the time to read this. Any advice given is appreciated.
Three years ago (Dec 2015), my gf sister decided to leave for the UK to go see her boyfriend. She planned on going for six months. She could not find anyone to watch her dog while she was gone. Her family said her dog could not stay at their home while she was away, but she did not listen. I was told by my gf that she parked her car in front of her family's house, with the dog inside the car. And just left for the airport. (In my opinion, she abandoned her dog). Her family saw her dog in the car and took her inside and kept her in a crate in their garage for a day or two. They then told my gf that they were going to take the dog to the pound.
My gf heard this and asked if we could watch the dog to prevent her from going to the pound. I said yes. I was then told by my gf that her sister would come and pick the dog up when she returned from her trip.
Her sister returned from her trip in June 2016, but never came to pick up her dog. So we continued to care for the dog.
Fast forward to April 2018. The dog is still under care of my gf and I, but our relationship goes south and we break up. My now ex-gf packs up all her stuff and on her way out asks what we are going to do about the dog. I tell her "the dog is better off with me."
My ex says, the agreement between us and her sister was that the dog could stay with us as long as we are together. Which was not true, she was trying to manipulate me into staying in a relationship with her (she cheated on me). Not that this matters in the case. I told her, her sisters opinion did not matter since she abandoned her dog to go on her trip and didn't come pick her up when she said she would.
My ex then said, the dog could stay with me for a month and then she would come and pick her up. I did not agree to that and said the same thing, "the dog is better off with me." My ex ends up leaving the apartment and the dog stays with me.
A month later, i get a text from my ex saying she is going to come pick up the dog. I told her that is not happening. About a month after that, in July 2018 I think, I get a letter from her sister asking for her dog back. I do not respond. After that I don't here any requests to give the dog back.
I received a subpoena last week with the plaintiffs listed as my ex and her sister. Court date is in March. Can I win and keep MY dog?
My argument is that they both abandoned "their property (the dog). Her sister abandoned by going on this trip, and then did it again by not picking up her dog at the agreed upon date. That, in turn, made the dog the property of my gf and I. My gf then abandoned the dog, by leaving the dog at the apartment with me and no agreement being made between us. Am I making the right assumption that I can win this case because they "abandoned" their property?
Another problem I might face is the fact that I only have my word as defense. I do not have any documents backing up my case (i can dig up a few receipts of dog food/vet bills and pictures showing that i was taking care of her, but that's it).
The plaintiffs have the ownership papers of the dog and I'm sure they plan to use that in the case. I know they plan on stating that they need the dog because of mental illness (anxiety) that her sister has and that they have a therapist note or something. I don't know what else they might try to use. Maybe some texts between me and my ex. I know she saved all het texts between me and her. I did not do the same. Not sure what she might dig up. But i am sure I didn't agree to give up the dog.
So do I have a shot at winning this case or do I have to accept the inevitable and give up my dog?
Thank you for taking the time to read this. Any advice given is appreciated.
