My Dog Toby a Yorkie of 11 years would have been 12 on April 6th. was killed by my neighbors dog. who is a German Shepard. Tuesday March 19th. he grabbed him from the fence of my property and killed my dog! for 3 days my dog went through surgery and doctors did everything they could to save him. however, California’s law of calling pets “property” is insulting and not justified.
the law as of now states:
AB 2274, Quirk. Division of community property: pet animals.
Existing law generally requires a court in a judgment of dissolution of marriage or judgment of legal separation of the parties to make a property division that equally divides the community estate of the parties, except as otherwise specified.
This bill would authorize a court, upon request of a party to proceedings for dissolution of marriage or for legal separation of the parties and notwithstanding other requirements for dividing the community estate of the parties, to assign sole or joint ownership of a community property pet animal taking into consideration the care of the pet animal. The bill would authorize a court, also upon the request of a party, to order a party to care for the pet animal prior to the final determination of ownership.
Section 2605 is added to the Family Code, to read:
(a) The court, at the request of a party to proceedings for dissolution of marriage or for legal separation of the parties, may enter an order, prior to the final determination of ownership of a pet animal, to require a party to care for the pet animal. The existence of an order providing for the care of a pet animal during the course of proceedings for dissolution of marriage or for legal separation of the parties shall not have any impact on the court’s final determination of ownership of the pet animal.
(b) Notwithstanding any other law, including, but not limited to, Section 2550, the court, at the request of a party to proceedings for dissolution of marriage or for legal separation of the parties, may assign sole or joint ownership of a pet animal taking into consideration the care of the pet animal.
(c) For purposes of this section, the following definitions shall apply:
(1) “Care” includes, but is not limited to, the prevention of acts of harm or cruelty, as described in Section 597 of the Penal Code, and the provision of food, water, veterinary care, and safe and protected shelter.
(2) “Pet animal” means any animal that is community property and kept as a household pet.
this law needs to change. if a dog attacks a person. the dog is euthanized. if a person attacks a dog. it’s a felony. but, if a family dog attacks another dog. it’s property? I contacted a lawyer for legal advice. said. “small claims court to have them pay the medical bills and contact animal control.” my dog has a first and last name. my dog goes to the vet when it’s sick just like a person. this law needs to change. it’s unfair that I hear my neighbors dog play in the backyard and barking. knowing what it did. I have to live with the pain. this dog. who is a murderer. who should be put down as a danger to pets and people. but, my dog is gone. I’m the one. who doesn’t have my family member. I ask the state of California. to change this law! PET’S ARE FAMILY! THEY’RE NOT PROPERTY! MY DOG HAS A HEART! MY DOG HAS A MIND! MY DOG HAD A NAME! HE WAS TOBY DANA!