Khue Trinh v. John Doe, et al., 19STCV09464

Tentative decision on application for writ of possession: denied

Plaintiff Khue Trinh (“Trinh”) applies for a writ of possession against Defendant Jeffrey McKirdy (“McKirdy”) to recover Wilbur, a black-and-white male French bulldog, implanted with a locator chip bearing number 0A01453000.

The court has read and considered the moving papers (no opposition was filed), and renders the following tentative decision.

A. Statement of the Case

1. Complaint

Plaintiff commenced this proceeding on March 19, 2019 against Defendants John Doe,[1] the Pasadena Humane Society (“PHS”), HomeAgain, and Intervet, Inc.,[2] alleging causes of action for (1) “recovery”, (2) conversion, (3) quiet title, (4) breach of contract, (5) intentional infliction of emotional distress, and (6) negligent infliction of emotional distress.

The Complaint alleges in pertinent part as follows. At all times relevant Trinh was the legal owner of a male white-and-black French b