Elizabeth Davis - Gorgeous Poodles
Sold us puppy that was deaf refused to refund purcase price Buyers beware see prior complaint with similar problem with this business

Via US Mail and Via E-mail
Elizabeth Davis d/b/a Gorgeous Poodles
9108 Serrant Court
Bakersfield, CA 93311
December 21
Dear Madam:

Demand is hereby again made for the refund of the purchase price we paid for the dog we bought from you on November 27. (A red female miniature poodle, which you said was born on July 23.)

As I explained to you at the time of purchase, the puppy was to be very special for my wife as it was to be a present to her for our 49th wedding anniversary. And, as you know, we were far from knowledgeable about poodle puppies and we relied upon your claimed expertise. Of course what we wanted was the kind of poodle you advertise that you provide, that is:

"Exceptional quality puppies Home raised for intelligence, beauty, temperament, soundness, health."

We were devastated to learn a few days after we returned home with the puppy that she was deaf!

The despondency, despair, and distress caused by your misrepresentation are still with us. If you truly bred her and raised this puppy from birth, as you claim, how you could have not known that she was deaf is beyond me. Her deafness was confirmed by our veterinarian; who said she was most likely born deaf. (I have already sent you the vet's December 7 letter.) You said that you were her breeder and that she was born on July 23, and we took delivery of her on November 27. That means you had her over four months. If your claim on your website is true, that you spend "much time with our babies to help them socialize... [w]e talk, hug, and kiss them..." [emphasis added] — you must have known that she was deaf.

Your claim that: "When our puppies are four weeks old we start training them to go in a litter box.By the time they are ready to be sold they are housebroken." [Emphasis added.] Another falsehood as applies to the dog you sold to us. She was not housebroken.

You not only breached your warranties; but, among other things, your duty of full disclosure, your obligations under the California unfair trade practices laws, your duties under the Poodle Breeders' Code of Ethics, and your duties under the California Pet Breeder Warranty Act (sometimes referred to as "the Puppy Lemon Law").
For example, the Puppy Lemon Law requires:
" (a) Every breeder of dogs shall deliver to each purchaser of a dog a written disclosure containing all of the following:

(1) The breeder's name and address. If the breeder is a dealer licensed by the United States Department of Agriculture, the federal dealer identification number shall also be indicated.

(2) The date of the dog's birth and the date the breeder received the dog. If the dog is not advertised or sold as purebred, registered, or registerable, the date of birth may be approximated if not known by the breeder.

(3) The breed, sex, color, and identifying marks at the time of sale, if any. If the dog is from a United States Department of Agriculture licensed source, the individual identifying tag, tattoo, or collar number for that animal. If the breed is unknown or mixed, the record shall so indicate.

(4) If the dog is being sold as being capable of registration, the names and registration numbers of the sire and dam, and the litter number, if known.

(5) A record of inoculations and worming treatments administered, if any, to the dog as of the time of sale, including dates of administration and the type of vaccine or worming treatment.

(6) A record of any veterinarian treatment or medication received by the dog while in the possession of the breeder and either of the following:
(A) A statement, signed by the breeder at the time of sale, that:
(i) The dog has no known disease or illness.
(ii) The dog has no known congenital or hereditary condition that adversely affects the health of the dog at the time of the sale or that is likely to adversely affect the health of the dog in the future.

(B) A record of any known disease, illness, or congenital or hereditary condition that adversely affects the health of the dog at the time of sale, or that is likely to affect the health of the dog in the future, along with a statement signed by a veterinarian licensed in the State of California that authorizes the sale of the dog, recommends necessary treatment, if any, and verifies that the disease, illness, or condition does not require hospitalization or nonelective surgical procedures, nor is it likely to require hospitalization or nonelective surgical procedures in the future. A veterinarian statement is not required for intestinal or external parasites unless their presence makes the dog clinically ill or is likely to make the dog clinically ill. The statement shall be valid for seven days following examination of the dog by the veterinarian.

(b) The written disclosure made pursuant to this section shall be signed by both the breeder certifying the accuracy of the statement, and by the purchaser of the dog acknowledging receipt of the statement.

(c) In addition, all medical information required to be disclosed pursuant to this section shall be made orally by the breeder to the purchaser.

(d) For purposes of this article, a disease, illness, or congenital or hereditary condition that adversely affects the health of the dog at the time of sale, or is likely to adversely affect the health of the dog in the future, shall be one that is apparent at the time of sale or that should have been known by the breeder from the history of veterinary treatment disclosed pursuant to this section.

(e) For the purpose of this article, "nonelective surgical procedure" means a surgical procedure that is necessary to preserve or restore the health of the dog, to prevent the dog from experiencing pain or discomfort, or to correct a condition that would otherwise interfere with the dog's ability to walk, run, jump, or otherwise function in a normal manner.

(f) For the purposes of this article, "clinically ill" means an illness that is apparent to a veterinarian based on observation, examination, or testing of the dog, or upon a review of the medical records relating to the dog."

You provided none of the above except for your name, address, the dog's date of birth and her shot record. You didn't even state her breed in you contract. (According to our veterinarian, your shot record showed that you were late on each shot.) In addition, you failed to provide the following required documents under the Poodle Breeders' Code of Ethics:

Pedigree of the puppy (at least three generations);
Written instructions about care and feeding;
Proof of genetic testing.

The authorities note that a dog breeder is more than a seller of goods; she has a special relationship and a special duty to the prospective buyer and her failure to comply with the disclosure requirements, among other obligations, will result in not only compensatory damages, but also an award for emotional distress damages. Even if your totally one-sided contract is valid under other circumstances, it will not help you here. You said that you are an attorney, so you must know that it is elementary that your conduct vitiated the contract. (FYI: others we have discussed this matter with, including another breeder, were shocked that a breeder would refuse to refund the money if a purchaser was dissatisfied; no matter what the contract said.)

Although all else pales in comparison to your failure to disclose the puppy's deafness, the following are additional acts of yours that have added to the misery you have caused:

When we had the dog checked by the veterinarian within 48 hours of receiving her, the vet said that the poodle had a bad infection in her ears. (The vet said that the infection, which did not appear to have been treated while you had the dog, did not cause the deafness, but that she was most likely born deaf. NB: you did not provide a record of any veterinarian treatment or medication received by the dog while she was in your possession.)

At the time of her initial examination by our vet the dog weighed 8 pounds 15 ounces. According to the veterinarian and others we have discussed this with a full grown miniature poodle will be about twice her four-month weight; that means that this dog will be about 18 pounds. My wife was very specific in our discussions with you that she wanted a dog that would be about 10 pounds when fully grown and you assured us several times that the dog we purchased would not be more than 10-11 pounds.

As noted above, the veterinarian said all the shots you gave this dog were late.

Typical of our experience with you was the $200 carry/holder bag (besides the sweater, jacket, etc.) that you said we needed. When my wife said that she thought the bag was too small for our dog, you put the dog in the bag and said that it was the right size. When my wife again said that she thought that the bag was too small, you said that if she still felt that way when we got home to let you know and that you would exchange it for a larger bag. With your promise we bought the bag. When I called you after we got home about exchanging the bag, you refused "because the bag was used!" As I explained to you, it was used only for the short time you put the dog in it and to confirm the next day that it was indeed too small.

Your demand for cash should have made me suspicious. Unfortunately, it was the week after we bought the dog that articles and news reports were promoting the Humane Society's "Puppy Mill Action Week." The articles noted that one of the sure signs of a Puppy Mill is the seller's demand for a "cash only" transaction. Your demand for cash only plus your failure to disclose the deafness of the puppy plus your total lack of any expression of remorse of regret in your response to my notice to you of the puppy's deafness, certainly, among other things, has me wondering. (If you had the dog for over four months and interacted with her and house trained her, how could you not have known that she was deaf?)

Unfortunately, my dealings with you have been too similar to those expressed in complaint # 212871 regarding Elizabeth Davis, Gorgeous Poodles.com; I too found dealing with you about the worst experience in my life.

To minimize our pain, suffering, and emotional distress and in hopes of moving on, if you make contributions of $500.00 to each of the below listed organizations by January 1, we will consider this matter settled, provided, of course, that we have no future dealings with or regarding you, and that I receive by January 15, proof of payment of each contribution The organizations are:
Deaf Dog Education Action Fund (DDEAF)
PO Box 2840, Oneco, FL 34264

Southern California Poodle Rescue
4570 North Moorpark Road, Santa Rosa Valley, CA 93012
Kern County Humane Society

900 21st Street, Bakersfield, CA 93301
Society for the Prevention of Cruelty to Animals (SPCA)
5026 West Jefferson Blvd., Los Angeles, CA 90012

If you choose not to accept this settlement offer, you can look forward to a lawsuit for all of the damages we have incurred, including damages for emotional distress, veterinary fees, attorneys fees, and for punitive damages for your unconscionable conduct.

Company: Elizabeth Davis - Gorgeous Poodles
Country: USA
State: California
City: Bakersfield
Address: 9108 Serrant Ct
Phone: 6616651777

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