Ethics?
 

We attempted to sue the seller of our Yorkie dog under the Calif. Lemon Law for selling us an unpedigreed/unregisterable dog (at an unbelievable price) and selling us a dog with Kennel Cough and 4 other infections.

We withdrew our lawsuit today because the seller told the mediatior that she was not willing to settle/negotiate, and that she would appeal any judgement to the State Appeals Court which would involve the hiring of attorneys and about $10,000 to $20,000 in filing fees, etc.

Must be nice to have deep pockets while being unethical.

Let the buyer beware.

Sorry to hear about this. I hope you post this breeder under the bad breeders section.
Sometimes you never know what you will get.
Did you check out this breeders references?
Will your puppy be ok?

Is your yorkie well now? I hate you had to go through this! Everyone makes mistakes. Thanks for the warning. :thumbup:

Take this unscrupulous breeder to Small Claims Court.

With proper documentation, etc., I can imagine that you won't win your case.

If she loses, she can file an appeal - But with a good case, the chances are that you will win again....and possibly more.

Plus - she must file an appeal in "good faith" --- meaning that she feels and can show that she should not have lost the case.

If she files an appeal in "bad faith" -- she is putting herself in more jeopardy - and in a position where she can be fined further, ordered to pay court costs, and others costs to you as well.

Filing an appeal in bad faith means:

(1) Filing an appeal without strong support for your position,
(2) Intending to harass or delay the other party, and/or
(3) Filing to encourage the other party to abandon the case

**** Doesn't it look like any appeal she would file would be in "bad faith????"
From what you have said, it sure sounds like it to me. I really doubt that when push comes to shove that she would really do it.

For the above reasons --- I see no reason for you not to pursue your case.
If you can document all that you have said about her - (and this is the key) -
I think you would win your case hands down....and, if it came to it, you would win even more at an appeal.

Don't let this low-life sleazy breeder intimidate you. Take her to court.

***** There is something totally wrong with the picture you presented -- that you are being threatened and manipulated into a position where you can't afford to get justice.. This is not the way the court system works. It will work for people like you who have been taken advantage of by unethical dishonest people like the breeder you are describing.

The only thing that should keep you from going to court is that you can't prove and document your side of the case. Otherwise - you have no excuse for not going after this person. Again - don't let her intimidate you... You have the upper hand her -- so go get her!!!

Judge Judy would nail her to the cross!!!!!

Carol Jean

Absolutely 100% right!!!! Take this person to small claims court. If you have the documents, contract, anything that can prove your claim, she doesn't stand a chance. She is trying to intimidate you and she is winning. Don't let her do this to you.

Small claims court is the way to go!!! Don't give up!!!! I hope your yorkie is okay!!!!!!!!!!!

I think she is trying to scare you thinking you might not have as much money as she does. She would be stupid to spend that amount of money over one puppy rather than just take the dog back and give you your money especially if the first judge declared you proved your case. She would be stupid to spend that much going thru lawyers and taking a chance on losing and still having to take back the dog and give you your money plus all the court cost. I think this is sort of like black mailing you to give it up. I would go to small claims court and just see how that one goes. If she appeals it you can just drop it if she actually prefers to do it and you cant contend with the competition of her hiring lawyers and all. But I can not believe anybody would be that stupid. take her on to small claims court if you can back up your claim and see if she appeals it.

maybe you could report her somehow so people would know what kind of person this breeder is?! the better buisness bureau fda anything at all to ward people away maybe post adds and such until they cooperate with you loosing buisness is loosing money and maybe eventually they could be shut down all together!
also yes it may be a bluff just to get you to back off but you could sue for your dog and all incured costs like lawyer and vet fees so on i don't see anyone siding with someone like that personally...maybe call judge jusy then pople who watch it nationally would know!

QUOTE: If she appeals it you can just drop it if she actually prefers to do it and you cant contend with the competition of her hiring lawyers and all.
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NO NO NO --- if she appeals it in small claims court -- don't drop it.
Yank that woman the extra mile - and, you'll win again.

If you drop it - you have just let her intimidate you again. No No No!!!!!

Plus - if she is doing it for that reason - she will be fined even further - and you'll win even more.

Please don't let her get the best of you.....

PS: You can consult a lawyer (and pay them) regarding going to small claims court --- but this really shouldn't be necessary if you can document and prove your case. Remember - there are no lawyers in small claims court.


Carol Jean

This occured this morning at Small Claims Court. She brought a vet, paid a copy service to copy our vet's records, brought 8 employees and about 20#s of paperwork to show that Kennel cough is common....etc., etc.

She told the mediatior she would not mediate, not pay any judgements, and would immediately appeal any judgements or motions to the highest court.

What I said was the truth, but we can't afford to pay attorneys to fight her.

I understand there are others who are very dissatisfied with this breeder. She bragged she had sold 1000 dogs last year without any complaints. This makes her a puppy mill who dresses in Dior, wears a Rolex and drives a lexus. she apparently has deep pockets.

I will post her name, when I figure out how to do it without getting in trouble to find others who have been scammed or disappointed by her.

I was so sure this was the right thing to do but sometimes you have to give up the fight.

So what happened? who was in favor you or her?

If you don't want to post her name without getting in trouble, and rightfully so.........don't hesitate to give out her name privately to YT members. All they have to do is ask privately. With eight employees she must have a puppy mill to have sold 1000 dogs last year. And since when is Kennel Cough common? Our dogs have never had it but then WE don't have any kennels.

We withdrew the complaint for now. I will start a new thread to see if anyone else knows of this breeder.....maybe I will be able to find some others who will go out on a limb with me.

If YOU are suing HER in small claims court, you should not have to pay your attorney unless YOU win the case. 99% of plaintiff attorneys don't require payment unless you win. SO, what is there to lose?!

I believe you would have easily won, but I agree that sometime it's just better to step back then to stress yourself out over it.

There have been many occasions in my life where I could have sued and won, but just let it go. Those people will have to answer for their deeds some day.

Vengence be mine sayeth the Lord.

If you are able to start a thread or post anywhere about his breeder, will you let us know via this thread where you have posted this info? I want to keep my eye out for this lady....

I certainly hope your puppy is well now and that you are able to enjoy him/her. :(

AMEN! :thumbup: :thumbup: :thumbup:

Well said, I try to remember this in my own situation......keep on fighting ?? OR just give it to the Lord and let him handle it , cause "Vengence be mine sayeth the Lord" Indeed so true, and something I am really trying to focus on.
Thanks for the reminder! :thumbup:

I understand about no lawyers at Small Claims. It was what she was threatening to do by appealing and having to pay for lawyers after that.

I started a thread about Redlands, CA breeder. Please watch for further information.

Sorry
 

Could you maybe file a complaint with the Better Business Bureau? I saw which breeder it is, it wasn't hard to figure out(I searched your posts, then googled the town). She's a member on the DRBA, correct? If so, I'd start filing some complaints. Also file a complaint at epinions.com if you can. Anywhere you can get the word out, the better.

It's sad that the person who's in the right doesn't always get justice. But believe you me, there's truth in Karma and she'll get it in the end.

I'm also sorry you've been put through this. A sick pet is heartbreaking, this just added to your grief.

who is she??? does she have a website??? we need to know

I agree. Or at least give us a way to search on the internet for who it is. My aunt lives in CA and is looking for a yorkie. I want to make sure she steers clear of this breeder!

I will tell anyone who this breeder is if you email me at scrapindee@aol.com.

She brags that she sold 1000 dogs out of her pet store last year. I don't think this is a breeder--she is a puppymill. She told my vet's assistant that she buys dogs for $300 and sells them for $2000.

QUOTING YOU: ........[sold] us an unpedigreed/unregisterable dog (at an unbelievable price) and selling us a dog with Kennel Cough and 4 other infections.

I'm beginning to think that you really don't have a good case.

1) Unpedigreed/unregisterable dog --- what does this mean. Did she say that your pup could be registered and this turned out not to be true. Is this something that was discussed thoroughly prior to your buying the puppy?

2) Unbelievable price Price is nothing to go to court about - you obviously agreed to whatever price she was asking.

3) Kennel Cough Unfortunately, a lot of puppies get or have kennel cough. And, thankfully, more often than not it can be treated and the puppy is fine after that. Is your puppy okay now?

4) Four other infections What were these?????? Were they serious? Did your puppy get treated? Is it over these infections now?

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I agree you should drop your case at this point. It sounds like the breeder really went to court with her "ducks in a row," and was able to prove her case over your proving yours.

I would think that her having your vet's records shouldn't have been to her advantage - unless your vet's opinion favored her more than they did you.

By the way --- I sure hope that, in spite of everything, you think you have the "most wonderful little pet in the world." This should be some consolidation -

Perhaps more people with similar complaints would benefit you a lot - but I would think that they would be hard to find.

Did you check the Better Business Bureau and see if there were other complaints against her?

Sorry - Carol Jean

I only meant to drop it if she appeals it if this lady can't afford to fight her and sees its gonna cost more money than the dog is worth. I know she dont have a lawyer in small claims court but on appeals, i'm not sure. But I wouldnt drop it as long as I could afford to fight it just as general principle of letting her get away with it if nothing else. And yes I agree, if you win the first round you have a good chance of winning again on appeal. But not always.

Carol Jean,

I could list the infections and the costs at the vet. I have no doubt that I would win my case; but I am not going to throw money away. She is selling sick puppies and doing nothing to help the puppy owner except for saying she would take the puppy back. I am looking for others that this has occured to--especially if she sold 1000 puppies last year......I keep hearing that this has happened to others, now I just need to find the owners.......

Yes there has been other complaints on rippedoff.com and to the BBB.

I am going to talk to other local vets.

I have no trouble with her having our vet records --just proves she sold us a sick puppy. She has a vet that allegedly reviewed our vet's records--so what--our vet will testify the dog was sick.....so you point was?

We will re-file now that we know what we are dealing with as soon as we get the rest of our ducks in a straighter row...

I was sold a sick puppy also complete with Health Certificate. Within 4 hrs after bringing her home, she was diagnosed with hyperthermia, hypoglycemia, and an bad upper respitory infection. When I called the breeder she said I could "bring her back", but the trip to her house would have cost my new pup her life, so instead I took her to the vet where he inserted a catheter in her juggler vein to give meds her veins were too tiny for any shots. At the time she weighed only 8 ounces and was 10 wks old.She fit in the palm of my hand. The vet closed at 7 pm so I was directed to a 24 hr. emergency hospital of which I was told she may not make it thru the nite...

She made it thru the nite and stayed in an incabator where we visited her daily and got calls from the dr's attending her many times a day. By the end of the week, she was ready to come home to us healthy after we paid the hospital bill of $950............My vet and the hosp. vets all agreed that the pup was sick for a long time before I picked her up. I noticed sniffles, but the breeder said its just some small mucus thing...... Well the breeder didn't get paid, I told her I was putting a stop payment on her deposit and final payment check for my baby yorkie and I told her what the vets said, that she was sick "before" I picked her up. The breeder in this case, didn't question the payment, as I told her I had to use the money to pay for her emergency weeks stay at the hospital. I never heard from the breeder again.
But the way she said " BRING HER BACK " was catch 22 for her to cover herself to any lawyers. She would just let her die. Then I wondered how many other pups she's buried.

I should have called the Attorney General and reported her, but I was so wrapped up in feeding my little baby a teaspoon of Gerber Turkey Baby Food every 3 hrs for over a month, then increasing it, that I didn't have time to bother with the breeder. As long as my bill was paid to the hosp. and she knew she was in the wrong by selling me a sick pup, I had more important things to attend to, keeping my furbaby alive and well..

That all happened almost 7 yrs ago. My furbaby doesn't have much of a bark, just a squeak; she's got more energy than her 9 yr old sister, who really has taken her under her wings and watches her all these years to make sure she is ok, like a little mother to her. Its so cute to watch.

I would never recommend that breeder to anyone after that incident and I don't even know if she still breeds. I have my girls to keep healthy now which is most important as they are grow older.

The first pup I bought from her had to have knee surgery in her 2nd year, other then that they have been a blessing to my husband and I.

That's the thing with purebred dogs, though. don't get me wrong...i love my yorkie, but that's the risk of dealing with the breeders. I think that you might have a case but you'd have to definitely get an attorney unless you're willing to immerse yourself with laws and remedies and read the contracts you're signing. A lot of times, people buy dogs on impulse and sign papers and stuff and don't understand that this is a sale of a life, and lives are delicate. My suggestion is to either get an attorney, or forget it and give your yorkie a good life and know that you got him/her away from that horrible home.

I may have misunderstood your post - I thought your first day at court.

And - it sounds like she is really prepared for court.

If you are sure you can win the case - you certainly should do that - as a matter of principle, if nothing else.

Good luck! Carol Jean

Just curious what were the other infection that the puppy had?

Michelle