Neighbor Trapped My Cat

[sunnyside]

What is the name of your state? CA

We have a very vindictive psychotic neighbor who hates animals whether it's a bird, dog or a cat. Well, we have a cat who would sometime get out of the house and cross the street to our neighbors. Since this neighbor doesn't like animals, he bought a live trap which trapped my cat today. My husband heard my cat crying so he talked with the guy and this neighbor was professing that he has all the right to trap my cat. He was very mad at us for letting our cat out of the house. This cat doesn't bark of course, doesn't crap or pee on his front yard. We don't know what he plans to do with cat the next time this happens again. He might kill it for all we know. What's our legal recourse against this psycho? We have screened sliding doors but there are latch problems on two of them and the cat can just slide them open? You might say why not fix the cause? We're going to do that but in the meantime this neighbor just waged war against us because of an eight pound cat. So petty if you think about it. Can we call the police on him? What can we do to neutralize this neighbor? I wish people can just live and let live. There's so much animosity in this world.

 

[rmet4nzkx]

What is the name of your state? CA

We have a very vindictive psychotic neighbor who hates animals whether it's a bird, dog or a cat. Well, we have a cat who would sometime get out of the house and cross the street to our neighbors. Since this neighbor doesn't like animals, he bought a live trap which trapped my cat today. My husband heard my cat crying so he talked with the guy and this neighbor was professing that he has all the right to trap my cat. He was very mad at us for letting our cat out of the house. This cat doesn't bark of course, doesn't crap or pee on his front yard. We don't know what he plans to do with cat the next time this happens again. He might kill it for all we know. What's our legal recourse against this psycho? We have screened sliding doors but there are latch problems on two of them and the cat can just slide them open? You might say why not fix the cause? We're going to do that but in the meantime this neighbor just waged war against us because of an eight pound cat. So petty if you think about it. Can we call the police on him? What can we do to neutralize this neighbor? I wish people can just live and let live. There's so much animosity in this world.

If he kills your cat then that is a volation of the CA Penal code, however, he can trap your cat on his property . I suggest you fix the latches, there are many fine hardware stores in CA, you should be able to find one near you, in the mean time use duct tape it works very well to temporaly secure doors and such, if you don't have duct tape, try some of the 2" wide packing tape.

 

[CALIF-LAWPRO62]

What is the name of your state? CA

We have a very vindictive psychotic neighbor who hates animals whether it's a bird, dog or a cat. Well, we have a cat who would sometime get out of the house and cross the street to our neighbors. Since this neighbor doesn't like animals, he bought a live trap which trapped my cat today. My husband heard my cat crying so he talked with the guy and this neighbor was professing that he has all the right to trap my cat. He was very mad at us for letting our cat out of the house. This cat doesn't bark of course, doesn't crap or pee on his front yard. We don't know what he plans to do with cat the next time this happens again. He might kill it for all we know. What's our legal recourse against this psycho? We have screened sliding doors but there are latch problems on two of them and the cat can just slide them open? You might say why not fix the cause? We're going to do that but in the meantime this neighbor just waged war against us because of an eight pound cat. So petty if you think about it. Can we call the police on him? What can we do to neutralize this neighbor? I wish people can just live and let live. There's so much animosity in this world.

My response:

Tell him that the next time he traps your cat, he shouldn't be surprised if all the windows in his car are busted out. Then, tell him, "Prove it to a judge that I did it."

IAAL

 

[PghREA]

It is your responsibility to keep your cat on your own property.

 

[CALIF-LAWPRO62]

It is your responsibility to keep your cat on your own property.

My response:

No, it's not. That's not the law in California. Cats roam, and Californians know it - - unlike some other States that think you can control a cat. There's a difference between a cat and a dog.

IAAL

 

[PghREA]

My response:

No, it's not. That's not the law in California. Cats roam, and Californians know it - - unlike some other States that think you can control a cat. There's a difference between a cat and a dog.

IAAL

IAAL, I understand that, we don't really have any laws for cats in PA either. However, I treat my cat like a child which means that if I don't want the cat going outside, I lock the screen door (close the main door if the locks on the screen door are broken.) Keep the cat inside if he is not allowed across the street. If my cat does get out and gets hurt on someones else's property, the responsibility is mine because I should know where the cat is at all times. If you treat your cat like a child, you should take care of him like a child. If you treat you cat as an animal, let him run wild like an animal, than don't get p*ssed off when he get trapped like an animal on someone else's property.

Okay, I'm off my soap box.

 

[CALIF-LAWPRO62]

If you treat you cat as an animal, let him run wild like an animal, than don't get p*ssed off when he get trapped like an animal on someone else's property.

My response:

You know, sometimes I have to take a deep breath due to the stupidity of some statements, and this time, I need an oxygen tank.

That statement is so ridiculously stupid!

Cats, like any other animal, are PRIVATE PROPERTY. You don't take my cat and ensnare my property. If cats are allowed by law to roam, then you have no right to trap MY property. If you do, then there's repercussions for you.

Traps are NOT natural. However, if a coyote injured or kills my cat, then that's "nature". But if YOU do something purposeful to my cat, my personal property, I will exact revenge. No if's, and's, or but's about it.

IAAL

 

[PghREA]

IAAL - How do we know that the neighbor set a trap for the sole purpose of ensnaring the OP's cat. Maybe he was trying to trap chipmonks (do you have them in CA) or squirrels and the cat while "roaming" and being curious, got caught. I still maintain that if the owner is concerned for his pet, then he should keep him in a safe place.


http://ordlink.com/codes/lacounty/_DATA/TITLE10/Chapter_10_12_DEPARTMENT_OF_ANIMAL/10_12_111__Traps_for_cats_and_.html

 

[CALIF-LAWPRO62]

IAAL - How do we know that the neighbor set a trap for the sole purpose of ensnaring the OP's cat. Maybe he was trying to trap chipmonks (do you have them in CA) or squirrels and the cat while "roaming" and being curious, got caught. I still maintain that if the owner is concerned for his pet, then he should keep him in a safe place.


http://ordlink.com/codes/lacounty/_DATA/TITLE10/Chapter_10_12_DEPARTMENT_OF_ANIMAL/10_12_111__Traps_for_cats_and_.html

My response:

I don't know - - maybe it's because you don't know, or understand the law.

How do I know "that the neighbor set a trap"? First of all, you need to read. Second, it doesn't have to be for the "sole purpose." The writer said:

". . . he bought a live trap which trapped my cat today. My husband heard my cat crying so he talked with the guy and this neighbor was professing that he has all the right to trap my cat." (underlining added) That's a purposeful act.

Now, since the neighbor wouldn't release, and wouldn't give the cat back upon immediate demand therefor, the situation now becomes "malicious." So, I want you to think "theft of personal property", "conversion of personal property," and "punitive or exemplary damages," and anything else I could conjure up to make your life a living hell.

That's the type of repercussions you'd be looking at from me.

IAAL

 

[HappyHusband]

Hey, what about trapping wild, owner-less, free range cats?

What kind of repercussions would that entail?

 

[rmet4nzkx]

Hey, what about trapping wild, owner-less, free range cats?

What kind of repercussions would that entail?

The wrath of Mrs. Smith. She swings a mean cane.

 

[sunnyside]

My response:

I don't know - - maybe it's because you don't know, or understand the law.

How do I know "that the neighbor set a trap"? First of all, you need to read. Second, it doesn't have to be for the "sole purpose." The writer said:

". . . he bought a live trap which trapped my cat today. My husband heard my cat crying so he talked with the guy and this neighbor was professing that he has all the right to trap my cat." (underlining added) That's a purposeful act.

Now, since the neighbor wouldn't release, and wouldn't give the cat back upon immediate demand therefor, the situation now becomes "malicious." So, I want you to think "theft of personal property", "conversion of personal property," and "punitive or exemplary damages," and anything else I could conjure up to make your life a living hell.

That's the type of repercussions you'd be looking at from me.

IAAL

Are you a lawyer? You got a very good answer to my dilemna. If you're a lawyer, can I hire you to write a letter to my neighbor and tell him what you just mentioned. I bet it will scare the crap out of him. I will pay your attorney fee to write a legal letter. I'm serious about this so please contact me at [email protected] so we can discuss this further. I really hope to hear from you.

 

[CALIF-LAWPRO62]

Are you a lawyer? You got a very good answer to my dilemna. If you're a lawyer, can I hire you to write a letter to my neighbor and tell him what you just mentioned. I bet it will scare the crap out of him. I will pay your attorney fee to write a legal letter. I'm serious about this so please contact me at [email protected] so we can discuss this further. I really hope to hear from you.

My response:

Yes, I am a California attorney for 26 years, and no, I cannot assist you beyond these forums. My law firm works on massive tort cases, and Family Law. We don't have time for "kitty cases." Besides, you wouldn't have enough money for what I charge.

IAAL

 

[sunnyside]

My response:

Yes, I am a California attorney for 26 years, and no, I cannot assist you beyond these forums. My law firm works on massive tort cases, and Family Law. We don't have time for "kitty cases." Besides, you wouldn't have enough money for what I charge.

IAAL

I feel privileged that a top-notch lawyer gave me his 2-cents with regards to my problem. Thanks for the free legal consultation. I feel better now knowing that we have all the rights to sue this bozo if he traps my cat again. I'm sending a copy of the thread to this neighbor with your answers "highlighted". He's a very vicious, SOB but I bet after he reads your piece, he'll tame down like a puppy. In the meantime we'll fix all our sliding doors but as you've said, cats in California have the right to roam so we won't take that right away from our beloved Tiki.

 

[sunnyside]

My response:

Yes, I am a California attorney for 26 years, and no, I cannot assist you beyond these forums. My law firm works on massive tort cases, and Family Law. We don't have time for "kitty cases." Besides, you wouldn't have enough money for what I charge.

IAAL

I feel privileged that a top-notch lawyer gave me his 2-cents with regards to my problem. Thanks for the free legal consultation. I feel better now knowing that we have all the rights to sue this bozo if he traps my cat again. I'm sending a copy of the thread to this neighbor with your answers "highlighted". As I've said, I hope this will scare the crap out of him. In the meantime we'll fix all our sliding doors but as you said cats in California have the right to roam so we won't take that right away from our beloved Tiki.