EXCLUSIVE: Michael Lohan Loses Custody Of Another Loved One, His Pet Dog

Mar. 24 2010, Published 10:15 a.m. ET

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Everyone is getting dragged into the bitter spat between Michael Lohan and ex-fiance Erin Muller - including the couple's innocent pet dog, Riley.

For the first time, can reveal Lohan recently failed in a small claims action against Muller.

He was seeking $2800 in damages.

The details of the claim, as he set forth in the complaint to the Suffolk County District Court, stated: "Erin Muller and I lived together at her residence and prior/while I was moving out, she took/stole Jewelry, clothing (belonging to me and gifts for my daughter) as well as an $800 dog I bought which she won't return."

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EXCLUSIVE DOCUMENTS: See Michael Lohan's Court Claim For Riley Here

That $800 dog in question is one-and-a-half year old Riley, pictured here.

Under New York law, a court cannot order the return of property.

So, instead, the outspoken father of Lindsay Lohan attempted to sue in a bid to recoup the dog's value, according to Muller's lawyer Bryan Konoski.

Two weeks ago, has confirmed, a court awarded in Muller's favor, ensuring Riley -- and the pet pooch's worth -- remained with her mom!

"Based on the way the Order was issued, it was clear that even though Michael Lohan appeared in Small Claims Court and was trying to win a money judgment, he could not prove his case even though Erin was not there to defend the claim," Konoski said, in an exclusive statement.

"The law does not allow someone to sue for money when they gave the property as a gift.

"Thus, for Michael Lohan to have been successful in the small claims case, he would have had to prove that he was the rightful owner of the dog and that it was not a gift. He clearly could not meet his burden of proof.

Michael Lohan
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"The dog was a gift from Michael Lohan to Erin Muller, just the same as the dog Lohan bought for Kate Major -- and which he allegedly abandoned at the Vet after the dog ripped up his apartment.

"Giving dogs to women appears to be a common gift of Michael Lohan," added Konoski.

A defiant Lohan told he planned to appeal the decision.

"The fact is I did buy Riley and I love her too," he said.

"The small claims case is being appealed and there is another action pending for money I lent Erin and her father, for one of her other lawyers, but never got paid back."

As for Riley, she is "safe and sound", according to Konoski.

"Erin loves and cherishes the dog very much," he said. "I'm happy for Erin -- another bogus claim by Lohan has been thrown out of court."



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