Wednesday, March 30, 2011

TNJ.............. With the Horses Gone....What's Left??



Part One

With the horses out of the way, it was time to work on other aspects of this case. There were circumstances that clearly affected the charges which needed to be defined and attitudes that needed to be exposed. There were also foundations for evidence that needed to be laid and these admissions were a great way to accomplish that.

I went through all of these the same as I had for the horses. I wanted BG and WF to acknowledge what they did or didn't do, where they were or whatever their behaviors had been. It was important to define what my role had been with my horses as well. Then based on their acceptance or denial I would know which direction I needed to go to prove my side of this case. I was very much using these admissions to set them up for the fall they so deserved.

I began on the work I did with my horses at BG's facility and how the horses actually got there .
148.During the course of this contract most of the time MiKael Caillier groomed the horses before they were worked.
149.During the course of this contract most of the time MiKael Caillier tacked up the horses before they were worked.
150.During the course of this contract most of the time MiKael Caillier cooled the horses out after they were worked.
151.During the course of this contract most of the time MiKael Caillier untacked the horses after they were worked.
152.In the equine community the grooming, tacking, cooling out and untacking are services considered to be included in training fees.
153.During the course of this contract with limited exceptions MiKael Caillier has transported the horses to and from X Arabians.
154.An exception to this would be Reflection who was at X Arabians in a full care stall through May 25, 2009.

Then I addressed the issue of the horse living in the pen. It was important to get them to state that the board being charged as a full care stall actually was for that additional horse that stayed in the pen. I didn't want them to pull a fast one later and state is was the board for Reflection. Not that I couldn't deal with that issue but because it would help to have them on two misrepresentations instead of just one and it would avoid confusion for the court over board.
155.During part of the time Reflection was boarded, for his convenience, BG kept another horse belonging to MiKael Caillier in a pen in the arena or outside under the cover behind the barn.
156.MiKael Caillier told BG she could not afford to pay board for another horse.
157. BG said he would not charge for this since the horse was there for his convenience
158.BG further stated since MiKael Caillier was paying full care board for Reflection, he could keep a horse in a pen without charge.
159.On the accounting sheet provided by BG, MiKael Caillier was charged $325 for a pen.
160.X Arabians regular charge for one of these pens is $225.
161.No horse stayed on the premises of X Arabians after May 25, 2009.

From there I wanted to define as many reasons I could remember that BG had cancelled working my horses. The following admission are only a small sampling of those I had in my document but they will give you an idea of I did them to cover the complete assortment of reasons, including breeding the dog and taking care of puppies, BG did not work my horses.
166.In the late fall of 2008 BG cancelled working horses to deliver a horse trailer with a purebred Arabian mare, K M (hereinafter Missy), inside to the ferry in Bellingham.
167.Missy’s owner compensated BG for this service.
194.In 2009 BG cancelled working horses on many days to evaluate horses for clients. 195. In 2009 BG cancelled working horses on many days to locate horses for MM that she might purchase for resale in Alaska.
196.MM compensated BG for this service.
197.From the beginning of the contract, BG cancelled working horses on many days to go to doctor appointments.
198.From the beginning of the contract, BG cancelled working horses on many days to go to chiropractor appointments.

I hoped by pointing out to the court that BG had indeed been compensated for many of his trips, it would make it easier for the court to see BG's would be aware he had done other things. I tend to remember those things I get paid for, I'm pretty sure BG did. I hoped that would help the court see missing days was no oversight on BG's part. It was a deliberate attempt to pad the charges.

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

This colt is Scandalous Legend. He was Leg's first colt and absolutely huge. His legs were so long he couldn't figure them out. It took Dave, the vet AND me to get him to his feet. The legs just went everywhere but where they belonged. However, once he was up, belive me, he was up. This picture was taken about an hour after he finally got his legs figured out. Pretty catty for a dumb colt who took hours to teach to get to his feet.

11 comments:

  1. He is so cute. He makes it look like he knew what his feet where for all along. Lol.

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  2. What a great way to show their greed. In proving what they didn't include for training and their double billing their time. Greedy greedy.

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  3. I am always amazed how quickly they get thier "sea legs" scramble and struggle and flop around ,but man ! Once they get those legs under 'em ,Look out!

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  4. I can't believe how much you did when your horses were in training. For that much money, it should have all been done for you and then some. :/

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  5. I am beginning to see why an attorney earns the big bucks! The work you have put in this has been incredible (and interesting).

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  6. Thank you for posting your colt pictures - i have been having fun each day checking out the latest one!

    And one thought that comes to mind at each of your postings - "how quickly greed/money can sour a friendship" - good item for us to note whenever we work with others in any business dealings/relationships.

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  7. Oh wow I cant believe how much you did for your horses when It should have been all done for you .....You have gone through so much with all this saga. I hope you have some good friends to lean on and trust.

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  8. He sure did have long legs. What a handsome boy he is.

    All this research really does prove the characters of these two. It's a good way to show their dishonesty and how they padded expenses. I'm sure they wanted the court to view them as "poor misunderstood us", we were taken advantage of by this woman and her horses and we deserve the horse we contracted for. Ha! Nice try.

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  9. Ooh, this is great. I can't wait to read what the judge thought of their "creative" charges.

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  10. Nicole, once he figured it out, it was definitely all good from there. It always amazes me to see a horse scratch his ear like that let alone a newborn.

    I figured much of this stuff they would agree with because from what I could tell, they didn't seem to think there was anything wrong with it.

    fern, that's definitely what it was like for this guy. He was rock solid once he found his balance. Very fun to watch.

    Linda, it was the only way I could keep him moving. If he'd had to do all that work I'd have been there until midnight and still not got all the work done.

    It just never occured to me they would try to charge me for the work I did BUT they sure did.

    Tammy, after this experience I can see why they earn the big bucks too. There was so much I didn't know but I can tell you for sure this kind of work doesn't get done if an attorney does not understand the case. You can pay the big bucks and not get much sometimes.

    Because I am a detail person I could see all the little nuances that gave this case life. I'm glad I'm not boring you to death. Sometimes all the detail gets to be overwhelming, I think.

    feralwoman, I'm glad you're enjoying the baby pics. I just love baby horses.

    Looking back, I don't think we ever were friends. I think I was a mark but greed was definitely at the root of it.

    sally, it was definitely a lot and in some ways it's not over yet. Fortunately I do have friends who have been there for me throughout this. The support was definitely appreciated and much needed.

    smazourek, I didn't pull any punches, that's for sure.

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  11. When I sent my mare out for conditioning for a month, I have to admit it was nice being on the 'other side of the fence' so to speak. Being able to just show up and watch while someone else did the work.

    To think that they tried to charge you full price when you did 2/3 or more of the work- total bullsh!t.

    You should be proud of yourself for all you accomplished as far as the legal footwork. That's a lot of work!

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