Contract: Owner demands return of dog

Where an organization that trains service dogs sought the return of a dog from two people who refused to return her, and it alleged that it expected the dog to produce four litters of eight puppies valued at $3,500 per puppy, or $112,000, that sufficed for diversity jurisdiction.

Background

Kindred Cain9 Connections Inc. trains service dogs for veterans, active-duty members and first responders. It brings this state-law detinue action against Brooke Booth and Wendy Hasenbalg seeking the return of Grace, a dog.

Grace was born on Feb. 22, 2023, from two parents selected for suitable health and temperament. As a puppy, Grace was evaluated to determine whether she met the standards to train as a future service dog. Cain9 also planned to use Grace in its breeding program but could not make a determination as to her suitability until Grace turned two years old.

In May 2023, Booth asked to be allowed to train Grace as part of her capstone project at Virginia Tech. Booth told Cain9 that Hasenbalg, an approved dog trainer for Cain9, would serve as her mentor for the project. The defendants then took Grace to Virginia.

In December 2023, Hasenbalg informed Cain9 that she would be resigning from the board of directors. Cain9 then requested that Grace be returned to complete her training with Cain9 since Hasenbalg would no longer have a relationship with the company. The defendants refused. After this suit was filed, the defendants filed a motion to dismiss.

Analysis

The defendants first argue that the damages claimed by the plaintiff are speculative and uncertain. They state that Grace’s estimated value and the value of her future litters are not supported by any facts and note that it is uncertain whether Grace is suitable for breeding. The defendants also claim that Grace’s value was not made in good faith.

The court finds that the plaintiff has met its burden of a good faith showing. In its complaint, the plaintiff alleges that Grace is expected to produce four litters of eight puppies valued at $3,500 per puppy, or $112,000.

The defendants argue that the value of Grace’s future litters is not recoverable in a detinue action. The court disagrees. Dogs are deemed personal property in Virginia. Under Virginia law, an action for detinue lies when one party unlawfully withholds personal property of another.

The court finds that Virginia law does not preclude the kind of monetary recovery claimed by the plaintiff. There is no clear precedent that prevents Cain9 from claiming as the value of Grace the expected value of Grace’s future litters. At this stage of litigation, Cain9 has made the requisite showing.

Defendants’ motion to dismiss denied.

Kindred Cain9 Connections Inc. v. Booth, Case No. 1:24-cv-00023, Aug. 8, 2024. WDVA at Abingdon (Jones). VLW 024-3-402. 7 pp.