Expert: Stephen Vantassel - 7/30/2001

Question
Hello and thank you in advance..
My parents stuck a trap in their back yard to catch skunks. They check it 2-3times a day.One morning the trap was gone. Come to find out the back yard neighbor stole it because his cat was trapped.He said his cat was trapped for over 20 hours without food or water,and kept the trap intill he called the S.P.C.A.
He told my parents that if his cat died in this trap he could sue.
My parents are old and feeble and NOT cat killers but now are in total dissarray with this scenario.
What are the laws pertaining to catch and release of stray animals on private property?
Does he have the right to tresspass and steal the trap?
Do my parents have any rights?
This has got my mom so upset she is having heart problems and I don't know what to do to keep this at a low level as not to escalate any ones emotions.
Any help would greatly be appreciated.
We live in Ca.
Thank You
JIM

Answer
I don't know the laws in California, so you should contact your state's division of Fisheries and Wildlife. But in my state of Massachusetts,

Your neighbor a. trespassed, b. stole a trap legally set on his/her own land. c. released an animal legally caught.

While the neighbor could sue if your parents killed her cat, the suit could be only for property damage. Thankfully, cats aren't treated as people yet, but that is unfortunately changing.  

I would contact your state and something tells me that your neighbor doesn't have as much legal standing here as her bluster suggests. Find out the law. Then if your laws are like Massachusetts, you can turn the tables on your "neighbor"