Attorney planning to take Humane Society, new owners to court over adopted dog

#1 January 21st 04, 09:15 AM

On 21 Jan 2004 00:33:51 -0800, (Patty) wrote:

Posted on Tue, Jan. 20, 2004
Family turns to lawyer over dog
S.J. ATTORNEY PLANNING TO TAKE HUMANE SOCIETY, NEW OWNERS TO COURT
By Connie Skipitares
San Jose Mercury News

The battle for Bella could get even uglier.

The heart-wrenching tale of the golden retriever lost to its owner
looks to be turning to the courts.

A lawyer representing the original owner said Tuesday he plans to haul
the Humane Society and the family who adopted Bella before a judge to
get the dog back.

Christopher Schumb, a high-profile San Jose attorney representing
owner Niki Karanastasis, said he'll first file for a temporary
restraining order Thursday to return Bella to his client.

Bella was adopted by a Los Gatos family Jan. 8, just hours before
Karanastasis discovered her pet at the Humane Society's kennels -- and
one day after the dog became eligible for adoption.

``I don't know what kind of person would keep someone else's dog,''
said Karanastasis, a San Jose hairdresser who sobbed as reporters
asked her questions at an afternoon news conference at Schumb's
office. ``I couldn't keep a dog that belongs to someone else. To me,
it's like she stole my dog.''

Karanastasis has taught Bella commands in her native Greek and
considers the dog one of her children, she said. Bella's mother and
two litter-mates were at the gathering.

Schumb said Bella is probably suffering from separation anxiety, is
recovering from surgery to spay her, and should be with Karanastasis.

The Humane Society has not named the people who adopted Bella as a
birthday present for a 10-year-old girl.

Schumb contends that once the dog landed at the Humane Society after
running away Jan. 2, the agency failed to put Bella in the stray dog
kennels or other pens where Karanastasis and her friends could find
her when they visited. Karanastasis says she went at least three times
to check for her dog and that Bella wasn't there.

``We don't know whether it was hidden or what,'' Schumb said Tuesday.
``We know it was not available to the owners.''

Pete Karanastasis, Niki's husband, said, ``We don't think the dog was
there those five days. We know people love these kind of dogs. Someone
else probably wanted the dog.''

Humane Society officials insist the dog was not hidden.

``This is a mystery to all of us,'' said Christine Benninger,
president of Humane Society Silicon Valley. ``There was a lot of
confusion over whether the owner herself actually came to look for the
animal. A dog will respond best to its owner, not a friend or
neighbor. Maybe the dog didn't respond because the owner was not
there.''

When Niki Karanastasis finally found her dog at the pound, Bella was
in a cage awaiting spaying. She had already been adopted and
Karanastasis was told she could not have the dog.

``The Humane Society said, `Sorry, the law is the law. We can't give
you the dog.' Well, we don't think so,'' Schumb said.

The state mandates a five-day waiting period before animals at the
Humane Society without identification, like Bella, can be put up for
adoption. At that point, the animals become the property of the Humane
Society.

Bella's story has generated more than 500 e-mails and dozens of calls
to radio and TV stations, the Humane Society, and the Mercury News,
calling for the dog's return.

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