CHAPTER 8. Civil Liability [31501 - 31508]
( Chapter 8 enacted by Stats. 1967, Ch. 15. )
The owner of any livestock or poultry which is injured or killed by any dog may recover as liquidated damages from the owner of the dog twice the actual value of the animals killed or twice the value of the damages sustained by reason of the injuries, as the case may be.
(Enacted by Stats. 1967, Ch. 15.)
If two or more dogs kept by two or more owners or keepers injure or kill any livestock or poultry at the same time, the owners or keepers of the dogs are jointly and severally liable for the damage.
(Enacted by Stats. 1967, Ch. 15.)
If any person sustains any loss or damage to any livestock or poultry which is caused by a dog, or if any livestock of any person is necessarily destroyed because of having been bitten by a dog, the person may file a complaint in the superior court of the county within which the damage occurred. A proceeding under this section is a limited civil case.
(Amended by Stats. 2002, Ch. 784, Sec. 118. Effective January 1, 2003.)
The complaint shall satisfy all of the following requirements:
(a) Be in writing.
(b) Signed by the person that makes it.
(c) State when, where, what, and how much damage was done.
(d) State, if known, the name of the person that owns the dog or was in charge of it when the loss or damage was sustained.
(Enacted by Stats. 1967, Ch. 15.)
If the person that owns the dog or was in charge of it when the damage or loss was sustained appears from the complaint, the judge shall forthwith issue a summons against such person commanding him to appear before the judge and show cause why the dog should not be killed.
(Enacted by Stats. 1967, Ch. 15.)
The summons shall be made returnable not less than two nor more than six days from the date of issue and shall be served at least two days before the time of appearance ordered.
(Enacted by Stats. 1967, Ch. 15.)
The service of the summons may be made by any person over the age of 18 years or by registered mail to the last known address of the owner or person in charge. Any expense connected with the summons shall be borne by the owner of the livestock or poultry which was injured or the party that makes the complaint.
(Enacted by Stats. 1967, Ch. 15.)
Upon the return day fixed in the summons, the judge shall proceed to determine whether the loss or damage to the livestock was caused by the dog. If he finds that it was caused by the dog, he shall notify the person that owns the dog or was in charge of it when the loss or damage was sustained to kill the dog. Failure of such person to kill the dog as directed renders the owner subject to the penalties which are prescribed in this division.
(Enacted by Stats. 1967, Ch. 15.)