TNJ............. Using Admissions to Tighten the Noose.....

Part One

The biggest problems this case had at this point was the vagueness of the documents provided to the court as exhibits by BG and WF. I could visualize the things they would say to get around my responses to their claims. My goal with the Verified Admissions was to make it impossible for them to do so without incriminating themselves more.

Anything I planned to use as evidence against BG and WF, I presented in the admissions in some way. The basis for all of my causes of action were included in one form or another. Each simple statement had some role in my strategy for trial. Whether it was to get them to commit to their perspective on something or to get an acknowledgement of fact of some kind, these admissions would open the door for the court to see BG and WF for who they really were.

It was really important the court see the Unjust Enrichment aspects of BG and WF charging me for the use of Dandy so I devoted a significant number of admissions to cover all aspects of the horse's use and to set things up for testimony by my expert. It was important the court understand BG and WF knew full well what kind of a horse Dandy was right from the start. I tried to make sure the admissions defined the type of horse Dandy represents and covered every aspect of the horse's use in their barn.

I began with th terms of the contract.
21 According to the terms of the oral agreement, any training of the horse, Scandal Sheet (hereinafter known as Dandy), was exempt from being a training charge in this contract. (note this item says "oral agreement" which is a huge mistake on my part. To be correct it should read "verbal contract" and had they not already acknowledge these terms, it could have been a problem.)
22.According to the terms of the verbal contract, as an exemption for Dandy, there would be no amount credited towards the balance owed on Storm.
Then I defined what BG had done in terms of work with the horse.
23.BG never rode Dandy. 24. BG never boxed Dandy.
25. BG did no long lining of Dandy after the Pacific Rim show of Oct of 2008.
26.BG’s actual involvement with Dandy after Oct of 2008 was giving lessons to his two clients who rode and showed the horse.

From there I defined Dandy's role at their barn with a different admission for each piece of information.
27. Dandy would be considered by the Arabian horse community at large to be a “broke to death” horse.
28.The definition of “broke to death” would be a horse that is suitable for all skill levels of riders. a horse as safe as a horse can get.
29.A “broke to death” horse is suitable for a walk/trot rider to show.
30. Safe, reliable walk/trot horses are hard to find in the Arabian Horse Community.
31.Two clients of BG’s showed Dandy for the 2009 show season through the Region 4 Championships.
32.The JOTR (Junior Owner to Ride) rider is the daughter of a paying client of BG’s.
33.MiKael Caillier allowed the JOTR rider to ride and show Dandy so that the horse would also be available for the walk/trot rider.
34.The walk/trot rider is the daughter of a paying client of BG’s.

Then I defined my role in their use of my horse.
35.MiKael Caillier loaned the use of Dandy without charge solely so these two girls could show.
36.MiKael Caillier provided all of the Dandy’s board and care throughout this loan to BG’s clients.

I ended with a statement that closed the door to them for other explanations about Dandy's use that might be contrary to what actually happened.
37.To BG’s best knowledge, no other person showed Dandy during the 2009 show season.

It wasn't just about Dandy that I went into great detail in these admissions. I tried to cover every aspect of the case that was wide open to interpretation or manipulation to tighten the parameters for each issue I had with BG and WF's claims. There was no detail so small it didn't reflect on my goals in that regard. For example 39.Generally the five-day workweek began on Tuesday and ended on Saturday.

This item was important because we did have a declared workweek and I'd used it in making my calendar. The last thing I needed was BG or WF claiming he'd worked on Sundays and Mondays with me not having documentation for them. At least if they did deny this, I would have time to get evidence to dispute this claim and to show where I'd been on those days.

I used admissions to open the door to questionable business practices as well. An example of that can be seen in my use of these two admissions.
5.According to the terms of the verbal contract, the fees being charged existing clients determined the rate of training fees for the oral contract.
13. According to the terms of the verbal contract, the purchase price of that puppy would be consistent with the price of other similar quality puppies from the litter.

The first one establishes the measure for how I expected them to deal with me, the same as the other clients. BG is the one who set that standard and they did use it for the training but NOT for the puppy.

I had been told before the contract what the breeder they were dealing with thought the price for the boxer puppies should be. That conversation wasn't about a price for me but for the price of show quality puppies. I was charged that price, however, that's not what they sold the other show quality puppies for and that's one of the reasons I wanted business records from their dog business.

It was reasonable for me to assume that they would treat me fairly and not charge me any more for my puppy than they charged for the other show quality puppies. The fact that had not done so was a violation of the statue defining Unfair Business Practices and Breached the Covenant of Good Faith and Fair Practices.

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

Working Towards a Plan........

This picture is Bey Aana with Patriot. The bay colt was born on Memorial Day so Lindsay thought his name should reflect that. She calls him Pat for short. He's a full brother to Storm.

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