Marla states that she sent a refund check and has a cancelled check. If this is the case, she had someone else cash it, because we never recieved a dime back from her, which is why we went to court. We didn't care about the money but instead wanted to protect other "clients" and horses from the same result that we had gone through.
We did much research before going to court and the courts deemed it was legal to press charges in CA because we lived here. The vet states that he gave the papers to Marla and that he had told her NOT to sell the horse NOR to allow it to be shipped. She did both. She also never said anything about the mare being an embryo transfer only mare and the paper did not say anything to the contrary. Had she either a) told us or b) had the correct vet documentation, we would not have bought the mare. Also the vet that we got papers from said he had only worked with Marla a few times prior and did not know her very well. Now why would she do that instead of going to the orignal "attending veterinarian" listed on her site? Because she had something to hide.
After a subpeona from her attending veterinarian, we recieved medical files showing the mare was on very heavy pain killers and antibiotics. The staff at Norco Equine Hospital said that the mare had been in this condition for months prior to our purchase and were willing to testify to this in court.
Her claim that we refused to send her the papers back so we could collect her eggs was a lie. When we called her to discuss the conditions of the mare (while the shipper was still on the property) she claimed the mare was "fine" and that it was no longer her problem. We knew that we could not collect eggs from her and only wanted her to live out the life a champion should instead of the crippled, starving horse Marla had sent. And it was 3 weeks later that she coliced, no longer. She was euthanized because the vets, Norco Equine Hospital (some of the best in southern CA) said that there was no way she could recover and the kindest thing to do was to put her down. The papers were sent immediately to AQHA and returned to us marked as deceased. There was no reason to send them back to Marla.
She tries to lay blame on the shipper who had her "9 days" prior to shipping. This is a lie as Ron confirmed that she was picked up from her vet. And the Xzylazine record came directly from her vet with that date....how could I get the math wrong? Then she tries to lay blame on us...the mare had food, water, and all the care she could get in a 12 X 16 stall. She was seen by vets and pampered daily. She was starting to gain a little weight when she coliced. And anyone who knows horses knows that horses don't get into that body score in a matter of days or a few weeks, it takes MONTHS.
The point of the matter is that we never recieved a check, cash or otherwise, a champion died because a breeder tried to make a few bucks, and we have ALL of the documenation that shows that Marla has lied about everything she stated in her rebuttal. She tries to hide behind her lies by bringing Relgion into play (sorry, even God fearing people make mistakes) and blaming everyone but herself. Anyhow, the point wasn't to upset her, but instead to make sure others are very aware and do their OWN homework prior to purchasing a horse from her. It may have been a once in a life time problem with one of her horses, but I don't know. Yes we have our own website now, but ALL of our horses are healthy, ALL of our clients are happy, ALL of the vets LIKE to work with us, and ALL of trainers that we know appreciate our program commend us on our animal care. And the reason these reports were done so long after the fact was that I was not aware that these types of websites exist and I did not know that she had responded.