Friday, April 1, 2011

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



Part One

The horse shows that I stabled with BG and WF were not the only issue surrounding horse shows that I wanted to address. There was the Region 5 Championship Show with Rhet that also showed up as a charge on BG's accounting sheet. It was important to clarify for the court what BG's role had been at that show since he figured he was due $450 for training that was never done and fuel to get him to the horse show.
255.MiKael Caillier took only one horse, Rhet, to the Region 5 Championships in Monroe in 2009.
256.BG reshaped Rhet’s hooves with a farrier’s file before the horse showed at the Region 5 Championships.
257.BG helped MiKael Caillier put a show halter on Rhet before his class.
258.WF helped MiKael Caillier do the final grooming on Rhet before his class.
259.That is the extent of the help received by MiKael Caillier at the Region 5 Championships from either BG or WF.

Considering I could no longer trust what BG or WF might say at this point, I figured it was a good idea I establish neither of them had been at the national horse show to assist me. With all the lies, I had no idea what to expect so I ruled out anything I could. That was the purpose of this admission, it also establish exactly which horses were with me.
260.MiKael Caillier took three horses, Legs, Gypcy and Rhet, to the US Nationals in Tulsa, OK. BG nor WF were in attendance.

Sometimes, for me, an admission was just about getting BG and WF to either step up or to clearly lie. Lots of these admissions, I didn't know how they would answer because one sentence by itself might not look all that important to them. Some of them I knew it was in their best interests to lie and that's exactly what I wanted. That way the court would be able to see nothing that came out of their mouths could be trusted.
261.On the accounting provided to the Court as an exhibit, BG has claimed training fees for MiKael Caillier’s horses during horse shows even though no horses were trained.

If BG and WF changed the rules, I tried to address it in the admissions.The fact that BG claimed haul-in fees was just one more of those things BG had changed after the fact. While I understood this pattern, it was important to establish it for the court too.
262.Before MiKael Caillier ever rode a horse of hers at the X Arabians facility BG and WF told her there would be no haul in fees charged.
263.A couple of years before this contract MiKael Caillier used the facility at X Arabians to ride and was never charged haul in fees.
264.In August of 2008 BG and WF again told MiKael Caillier there would be no haul in fees charged for her use of their facility.
265.MiKael Caillier rode her horses for approximately two months at this facility and no haul in fees were charged.
266.The only fees being paid at this time by MiKael Caillier were for board for Reflection.
267.After it became clear the fulfillment of this contract was in dispute, BG and WF tacked on haul in fees to the final accounting sheet.

Because I was using information from my blog about working or not working horses, I wanted to establish that WF read my blog and had not objected to material until the fateful day she slammed me on FB. This line of admissions was totally about building a foundation for evidence and my arguments against BG's accounting of horses worked.
268.WF read MiKael Caillier’s blog, MiKael’s Mania – Arabian Horses (hereinafter blog).
269.WF read the blog regularly, from fall of 2008 through Jan of 2010, following what MiKael Caillier was saying about her work with BG.
270.WF read the blog regularly, from fall of 2008 through Jan of 2010, following the training going on at X Arabians.
271.If MiKael Caillier had posted something WF didn’t agree with about BG or the work he did, WF would have posted other comments.
272.WF commented on Facebook when she was not happy with MiKael Caillier posted on her blog.
273.WF posted no other comments from fall of 2008 through Jan of 2010.
274.WF posted in a Facebook comment “I figure that every time he touches a horse, it counts!”
If you noticed this is the second time in the admissions I addressed this statement. I deliberately broke the two situations up to hopefully make it less threatening. I was really hoping WF would continue to hang onto her belief that this statement was appropriate because I knew it sure wouldn't look that way to the court.

There was also the fact that BG had tried to tell me three different ways in which he figured that Storm should belong to him. I wanted the admissions to verify that information existed. This too was part of laying that foundation for those emails to be admitted as evidence as well as laying out for the court how their stories had changed.
275.BG wrote in an email that he believed MiKael Caillier had given him Storm when Richard’s mother was sick..
276.BG wrote in an email that he believed between 5 (five) months of board, training of twelve horses including Legs and Dandy, show fees, lessons for MiKael Caillier and those connected to her, breeding, hauling horses (time and gas) that he had fulfilled the contract.
277.MiKael Caillier responded to that email that BG as X Arabian does not charge clients for show fees or lesson fees.
278.MiKael Caillier further responded “how could you think that the amount of training in those months from when we started this agreement to when your mother got sick would have been anywhere near enough to pay off a $30,000 debt.”
279.MiKael Caillier in her response told BG had he wanted her to pay training fees for Legs she never would have allowed him to work with the horse. She could do the work herself.
280.MiKael Caillier confronted BG about many of the things he had said in his email and asked many questions.
281.BG never bothered to respond to that email or answer any of those questions.

This very last admission may seem unimportant but it is another one of those foundation pieces for get emails admitted into evidence. By getting a confirmation on their email address, I would be one step closer to be able to use their emails against them.
282. X Arabians email address is horsename@rainierconnect.com

Finally! I thought I had everything I needed to go back to court.

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

Causes of Action......and a little Strategy....

This picture is Solidare and her colt, Scandalous Rhythm. He was the first chestnut foal I had ever seen born and the only chestnut foal Solidare ever had for me. He was a true redhead as far as dispostion. To say HOT would be an understatement. Not the jiggy kind of hot that comes with nerves, but the bigger than life kind that comes spice. Rhythm thought he was IT!


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12 comments:

  1. Ohhh...There's Rhythm...Will you ever be able to tell us where he ended up?

    As for the other...Nailed them to the wall! Excellent.

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  2. Pure Presence!

    I bet they regret the day they tried to cross you now!

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  3. Great picture. Adorable baby.

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  4. Rhythm sure was a cutie. Can you tell us if the same girl he was sold to kept him and how he's doing? I remember his story and was wondering how he's getting along.

    The more facts you're able to bring to court the better for you. Looks like you're getting to the end of this mess and will be in court soon.

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  5. Chestnuts are where it's at! I loves me some redheads.

    I'm hoping that all this work you did paid off in court. Too often things don't work out they way they should.

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  6. Sounds like its all sewd up, cant wait to hear how they and thier attorney reacted!

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  7. BECG, I guess I do have word of sorts on Rhythm. Guess I will have to do an update about him.

    Thanks, I couldn't have done it without so much help from them. Their blatant misrepresentations of truth gave me so much to work with.

    fern, oh yes, Rhythm is big on presence. Quite a horse, that one.

    As for regrets on their part, I would hope so but it's hard to tell with people like that.

    Nicole, thanks, he was a cute little bugger.

    Arlene, I will do an update with what I know of Rhythm soon.

    You are correct about being close to my next appearance in court.

    smazourek, I kinda thought you were a chestnut person. There don't seem to be too many chestnut Arabians around anymore.

    All the work was definitely worth it. I would do it again if I had too.

    Crystal, At this point I still felt like it was all a jumble and I was worried about how I was going to make it less confusing for the court.

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  8. I'm interested to hear Rhythm's story, too.

    Looking forward to seeing their answers to all these statements. Do you think they still read your blog? I would guess so.

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  9. Linda, Rhythm's Story starts here I need to go through and connect the segments but this will get you most of the way through. I'll post what I currently know once I finish this series which won't be too much longer.

    I was following pretty closely at the start of this series to see if they were reading. They weren't directly that I could tell but looks like they have had someone updating them.

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  10. I was thinking the same thing - That they shouldn't have crossed you and that they are going to get what they deserve, and from the judge, I hope!

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  11. That's quite a list. Sounds like it's a sure thing but when it comes to court, you just never can have enough.

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