Is it possible to sue me if I don’t give her a kitten?

Meowmee

TCS Member
Top Cat
Joined
May 2, 2018
Messages
2,879
Purraise
3,614
I doubt any lawyer would take such a case even if it had legal standing which I don’t think it does. I am kind of amazed after months no one realized her cat was a boy, I suppose he never went to a dvm. I am glad everyone will be spayed and neutered now I hope. I also think keeping the kittens until 12 weeks is a good idea. Many people also do s/n before kittens are adopted now since it can be done earlier. Make sure you write an adoption contract stating they must be spayed/ neutered by x date etc.
 
Last edited:

Caspers Human

TCS Member
Top Cat
Joined
Feb 23, 2016
Messages
2,693
Purraise
4,703
Location
Pennsylvania
She doesn't have any right to sue you.
Sorry but that's not true. Anybody can sue anyone for anything at any time.

This is one of the founding principles of our legal system... but... that does not mean that a lawsuit will always be successful. That is another founding principle... a judge or jury is supposed to make an objective decision based upon laws and facts.

There is an old lawyer joke:
If you have the facts are on your side, pound on the facts.
If you have the law is on your side, pound on the law.
If you have neither on your side, pound on the table!


It sounds, to me, like your roommate is just pounding on the table! ;) ;) ;)

I agree with what others say. It's going to be hard to find a lawyer to take your roommate's case without having to pay a lot of money.
In the area where I live, a good lawyer will cost $250 per hour or more and they will probably require a minimum of $1,000 deposit as a retainer. This does not include court costs which the lawyer will bill separately.

Does your roommate have $1,000 to $2,000 to spend just to get a cat? It would be a moggy cat, at that.
("Moggy" is to "cat" as "mutt" is to "dog.")

For cryin' out loud! If I had two grand to spend on a cat, I'd be looking for a purebred!
I could go out and buy a purebred, Main Coon Cat for less than that and I could have it sleeping next to my bed by the end of the week.
It would take weeks or even months for the courts to settle the matter!

The best your roommate would be likely to do is go to a District Justice and sue in Small Claims Court where a lawyer is not required.

In the United States, the Constitution says that a person does not need a lawyer but there is another old lawyer joke:
Anyone who acts as his own attorney has a fool for a client!

Even if you are only going to sue in Small Claims Court, it is STILL wise to consult an attorney for advice.

Let's suppose your roommate went by that route. She would get a lawyer's advice, costing $100 to $200, then would have to pay court fees, probably costing up to another $100. Total cost... on the cheap... would be anywhere from $100 and up.

Do you think your roommate would spend that kind of money for a moggy?

I wouldn't unless there were special circumstances. I don't think your roommate would, either.

This all presupposes that she has a legal leg to stand on which I don't think she does.

For a lawsuit to be successful, there needs to be three things:
1) There must have been harm (to a person), damage (to property) or loss of money. (something of value)
2) The plaintiff must have suffered that loss or must be the legal representative of somebody who did. (A parent can sue on behalf of a child.)
3) The defendant must have been the cause of the plaintiff's loss.

All THREE of these things must be in place for a lawsuit to go forward. If not, a judge or magistrate will likely dismiss the case.

No promises were made. No contracts were written and signed. No money changed hands. Nothing was lost. No property was damaged. There was no loss of anything tangible.

Neither did you cause any loss or damage to your roommate except, maybe, for some hurt feelings.

That's "0 for 3." Zip! Zilch! Zero! Nicht! Nein! Nothing!

Your roommate is full of nothing but hot air! ;) ;) ;)

I wouldn't worry about it. :)

If your supposed "friend" wants to cut your off because you didn't give her a cat, she's not very much of a friend. Is she?

I say, Good riddance to bad rubbish! ;) ;) ;)
 

Caspers Human

TCS Member
Top Cat
Joined
Feb 23, 2016
Messages
2,693
Purraise
4,703
Location
Pennsylvania
Oh! By the way! Something just occurred to me!

If ANYBODY in this case has cause to sue, it would be YOU!

Whose cat got your cat pregnant?

Who has to pay vet bills?
Who has to pay for food for a litter of new kittens?
Who has to take the time, trouble and expense of taking care of them until they can be adopted, assuming that they will all be adopted?

It is YOU who has loss, legal standing and cause to sue for!

It is every pet owner's responsibility to keep their animal under control AT ALL TIMES! 24/7/365!

Your roommate NEGLECTED HER RESPONSIBILITY.
YOU have suffered loss.
SHE is the cause of that loss.

If this person insists upon harassing you, anymore, I would advise her that you will get an attorney and take HER to court!

I predict that you would win such a case, hands down! :)
 

catsknowme

TCS Member
Top Cat
Joined
Jan 2, 2005
Messages
11,458
Purraise
6,679
Location
Eastern California,USA
fionasmom fionasmom is spot on about the laws in CA prohibiting frivolous lawsuits. While a person can attempt to file a frivolous lawsuit, judges can, and do, issue costly sanctions.
I agree that keeping the kittens with Raven until 12 weeks is the ideal for getting healthy, confident cats who will have fewer behavior issues later on in life. Adopting kittens in pairs is best, especially if adopted out earlier in life, such as happens with bottle babies.
 

Caspers Human

TCS Member
Top Cat
Joined
Feb 23, 2016
Messages
2,693
Purraise
4,703
Location
Pennsylvania
While a person can attempt to file a frivolous lawsuit, judges can, and do, issue costly sanctions.
There is also something called “Dismissal With Prejudice.”

If a case is frivolous and/or the plaintiff refuses to be cooperative the judge can dismiss the case “with prejudice” which means that the plaintiff is barred from filing another suit on the same matter.

That’s basically a judge’s way of saying, “Get the hell out of here and don’t come back!”

If the plaintiff tries to do anything after that they can be prosecuted, fined and even jailed.
 

fionasmom

Moderator
Staff Member
Moderator
Joined
Jun 21, 2014
Messages
13,125
Purraise
17,370
Location
Los Angeles
I did not look this up for current stats, but for years the DA would not allow barking dog suits to be brought to court. Reasoning was that there were too many other serious crimes being committed to worry about a noisy dog.
 
Top