TNJ....... Getting Down to the Nitty Gritty of Stuff....

Part One

I wanted to be sure these admissions worked for me. That meant I didn't just want to expose BG and WF with them. There were other functions that were equally as important. I wanted to spell out any kind of details that might have bearing on the case.

In addition these admissions were a good way to begin to build the foundations required to present documents I had received from them. If you think about trials you have seen on TV sometimes evidence is disputed based on "no foundation."

In this instance a foundation is a series of steps building up to the actual presentation of the evidence. How this is done might be different for different types of evidence so there is no "pat" answer for what a foundation is. Mentioning documents, like I was doing in the admissions, would be considered introducing the information the evidence exists which is an acceptable step in building a foundation.

In some instances I didn't need to get into the detail on those documents in the admissions. I only needed a confirmation the documents existed to be laying my groundwork.
199.BG used emails to notify MiKael Caillier he would not be working horses.
I used admissions just like the one above to reflect all means of communication of cancelled work days including phone calls, text messages and the fact sometimes he didn't tell me he wasn't going to work horses. I showed up only to find BG was gone.

It was important that I establish that WF worked a job away from the facility and when she was gone to that job. This would affect what it would be appropriate for WF to testify to as truth. If she hadn't been there, all she had to go on was what BG told her which would be hearsay. It was also important to show the court her attitude about their obligation to me. The following admissions were designed to deal with these things.
203.WF works a job away from the X Arabians facility.
204.WF’s work schedule is normally Monday through Friday.
205.Sometimes WF works on Saturdays.
206.WF normally is gone to her job when MiKael Caillier arrives with horses to be worked.
207.WF normally expects BG to be finished working horses when she arrives home from work.
208.WF usually arrives home from work around 5 p.m.
209.WF usually does not come to the barn when she returns home from work.
210.Most of the work done with MiKael Caillier’s horses is done when WF is not on the premises.
211.Most days WF is not present during any of the time BG works MiKael Caillier’s horses at the X Arabians facility.
212.On many occasions WF had BG do errands for her instead of working horses for MiKael Caillier.
213.WF told MiKael Caillier that if BG even touches a horse it counts.
214.That statement means to WF that BG gets paid full price even if he doesn’t do all the work.
215.The charges for horses worked on BG’s accounting exhibit reflect that belief.

It was important to establish that BG accomplished other things on the days he worked my horses. Anyone who knows horses knows he couldn't be doing everything he said he did for me and still train other horses, give lessons or run errands.
216.On days that BG worked horses for MiKael Caillier, he also worked horses for other clients.
217.On days that BG worked horses for MiKael Caillier, he sometimes gave lessons to other clients.
218.On days that BG did not work horses for MiKael Caillier, he sometimes worked horses for other clients.
219.On days that BG did not work horses for MiKael Caillier, he sometimes gave lessons to other clients.

Then there were those days where work was affected because of horse shows. BG had a particular pattern around horse shows that affected our work schedule too.
220.BG did not work horses for MiKael Caillier during horse shows.
221.Packing for the horse show is done the day before a transport day so BG did not work horses for MiKael Caillier.
222.Transport to the horse show happens the day before the horse show so no horses are worked for MiKael Caillier on that day.
223.Unpacking after the horse show is done the Tuesday after the show so BG did not work horses for MiKael Caillier.

Sometimes I broke up the points I was trying to prove so they were not so obvious. The following statements again show WF's attitude about the work BG was supposed to be doing for me.
224.Sometimes WF directed BG to be finished working horses by noon on Saturdays.
225.To accomplish this the number of MiKael Caillier’s horses that were worked by BG was decreased.

There were lots of issues surrounding horse shows that needed to be addressed: training charges on horses at home, training charges at the horse shows and damage to a horse trailer. To deal with this I wanted it on the record what I did in those situations as well as what BG did or didn't do. It was also important to establish how many of my horses were there and what was done with each. The following admissions are examples of the things I covered about horse shows.
231.At this show (AHACO) BG told Doug Stewart that Louie had a little over sixty days under saddle.
235.MiKael Caillier took only two horses, Louie and Legs, to the Region 4 Championships in Salem in 2009. (this is an error on my part, I took Rhet to this show too.)
236.BG provided no service to MiKael Caillier with Legs at this horse show.
237.MiKael Caillier provided all grooming, feeding and care for Legs at this horse show.
238.MiKael Caillier provided much of the grooming and all of the feeding and care for Louie at this horse show.
239.CG(the kid who showed Louie) bathed Louie the day before Louie’s class.
240.Before his class Louie was show groomed including braiding by MiKael Caillier and three of the kids who are clients of BG.
241.At this show BG again talked to Doug Stewart about Louie. This time they talked about the fact the horse had only about ninety day under saddle.
242.BG helped clean Louie’s hooves before the class.
243.BG gave lessons to his youth rider(CG) on Louie at this show.
244.The lessons to CG and the hoof cleaning are the only services that BG did for MiKael Caillier’s horses at this show.

It was important to deal with the issue of Dandy on these admissions. I needed more specific information about the horse's use at horse shows, his care and his transport. I also needed to establish that Louie had been in their trailer in place of Dandy.
245.BG’s two clients took Dandy to the Region 4 Championships Show in 2009.
246.MD was responsible for Dandy’s transport to the show since her daughter was showing the horse.
247.X Arabians did not want to haul Dandy to the Region 4 Championships.
248.Louie filled Dandy’s spot in the X Arabians trailer and Dandy filled Louie’s spot in MiKael Caillier’s trailer.
249.MD paid for that transport because it was essentially Dandy’s ride.
250.There was damage to the X Arabian trailer that was blamed on Louie.
251.MD, even though the client, for the trip was not asked by X Arabians to pay for this damage.
252.This damage happened in June of 2009.
253.In January of 2010, X Arabians claimed this damage on the accounting sheet provided by BG that has been introduced as an exhibit in this case.
254.To date X Arabians has still not approached MD about this charge.

I methodically went through each horse show where I had been stabled with these people looking for their perspective so I could deal with their claims. I was prepared for as little as it took or as much as it took. I just needed to know what that was.

To be continued.............................

No Stone Unturned.........

The foal in this picture is Image. I suppose you could say that Image was star crossed right from the start but OH how this colt had my heart.

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