Dannielle Zephier lived in Minnesota. She had a pet dog named Oliver. On moving to California to attend school, where her housing situation did not allow dogs, Zephier arranged with Derrick Agate, a close friend in Minnesota, to care for Oliver. During the next few years, she sometimes returned to visit the dog. Eventually, Agate refused to allow any more visits.

After her attempts to contact Agate and reclaim Oliver were unsuccessful, she filed suit. A trial court, applying the common law of abandonment, found that Zephier had abandoned Oliver and denied her recovery. Should an appellate court reverse this decision? If so, why?