A California man is headed back to court after trying to use a photo of his pet monkey alongside a Mexican newspaper to fool a court commissioner into believing the animal had been sent south of the border.

David Grigorian had been ordered to surrender his marmoset Cheeta because he did not have a permit for the animal.

Authorities say the 43-year-old Van Nuys man was in court this week to show that the monkey was gone.

His proof: a photo of Cheeta beside a recently dated Mexican newspaper. Red, white and green decorations filled the background.

But Commissioner Thomas Grodin wasn't buying it and Grigorian eventually admitted that Cheeta was in downtown Los Angeles.

He's agreed to hand Cheeta over to Fish and Game officials.