Q: How to recover my stolen French Bulldog sold without my consent?

A: Dear Victorville Resident,

The individual who took your dog and sold it may be liable under Penal Code Section 496, which addresses receiving or selling stolen property. The text message where she admits to having your dog is a key piece of evidence, supporting a claim that she knowingly disposed of your property—valued at $5,000—for a fee. This statute allows you to pursue a civil action for three times your actual damages, plus attorney fees, as affirmed in cases like Citizens of Humanity, LLC v. Costco Wholesale Corp. (171 Cal. App. 4th 1). Additionally, Civil Code Section 1712 mandates that property acquired without consent must be returned to its owner, unless the new possessor has a superior claim, which seems unlikely here.

Regarding the new owner refusing to return your dog, Civil Code Section 338 permits you to file a lawsuit for the specific recovery of personal property within three years of locating it. You can also request a court order under Penal Code Section 1408, which allows a magistrate to direct the return of stolen property upon proof of ownership—such as your purchase receipt or other documentation. Furthermore, Food and Agricultural Code Section 24132 offers a powerful remedy, entitling you to four times the dog’s value, legal fees, and compensation for your efforts in pursuing its return, given the wrongful taking and sale.

Your police report strengthens your case, and gathering additional evidence—like the text admission, purchase records, or witness statements—will be crucial for both civil and criminal proceedings. You can press for criminal charges under Section 496 while simultaneously filing a civil suit against both the seller and the new owner. At Bulldog Law, we are dedicated to fighting for clients wronged by theft and deception, ensuring their rights are upheld.

A: First, you did the right thing by filing a police report. Since you have a text message where the woman admits to having your dog, that can serve as strong evidence showing she took and sold your property without your permission. In California, pets are considered personal property, and selling someone else's property without consent can be considered theft or conversion.

You can take civil action by filing a claim in small claims court for the value of the dog or to seek its return. Include all your evidence—purchase records, the text message, witness statements if any, and the police report. You might also want to report the woman to local animal control or humane authorities, especially if she poses as someone reuniting pets but is actually selling them.

As for the current possessor of your dog, even if they bought the dog not knowing it was stolen, they don't have a legal right to keep it. You can demand your dog back, and if they refuse, you may include them in your legal action. Stay calm but firm, and keep all communication documented. This situation is painful and unjust, but with the right steps, you have a good chance of getting your dog back.