Magnificent Toy Poodles Gerard Giovanni D'Toriz AKARich D'Toriz AKAGiovanni Richard D'Toriz Sold me a puppy with a hereditary condition and refused to pay damages as required by law. San Pedro California

Giovanni D'Toriz of Magnificent Toy Poodles sold me a 13 week old toy poodle puppy on August 18, 2013 for $1000.  On January 22, 2014, the puppy was diagnosed with a hereditary condition called Legg Calvé Perths disease which is common in toy breeds and typically shows up at 8 months of age causing blood flow to the rear leg to be restricted and the bone to deteriorate. Pain and lameness resulted and surgery was recommended and performed at a total cost of $2913.53. My pet insurance company does not cover hereditary condition and therefore I had to pay the total cost myself. 

I reported this information to Mr. D'Toriz who wrote back that no one had ever reported a problem with any of his puppies and all of them "enjoyed perfect health". He accused me of being taken advantage of by the veterinarians and making uneducated decisions that I should have contacted him about first. Further, he denied that the disease was hereditary and said he was only required to replace the puppy if he had intentionally sold me a sick dog.  

I had heard of a "puppy lemon law" and consulted an attorney about the details. i wrote an email to Mr. D'Toriz demanding that he comply with the law and pay me $1500 that the law allowed. Following is the text of my letter relating to the law:

"California Health & Safety Code, Section 122045 et. seq. (the Polanco-Lockyer Pet Breeder Warranty Act) regulates the sale of dogs by breeders. Pursuant to that law, if a breeder sells a dog that has a hereditary condition which adversely affects the dog's health, the purchaser may elect to return the dog for a refund, exchange the dog for one of equivalent value, or keep the dog, and may receive reimbursement for reasonable veterinary fees.  Buyers have up to one year to document congenital or hereditary defects and if buyer elects to have the dog treated, the seller is required to reimburse me for up to 1  1/2 times the purchase price of the dog in veterinary expenses."  

The Magnificent Toy Poodle website clearly states:

"I have genetically tested (DNA test) my adult breeding dogs to ensure they are clear from hereditary diseases/medical conditions affecting toy poodles and that my adult poodles WILL NOT pass on hereditary diseases to their puppies, this way, ensuring I only bring into this (our) wonderful world - the healthies Poodles with sound body and mind." 

In another email to Mr. D'Toriz, I said:

If you promise that your dogs are free from hereditary diseases and medical conditions, you, as the ethical, responsible and honest breeder that you say you are, should back it up by offering to share the cost of the surgery as ANY responsible breeder would do, if only to protect your reputation and BECAUSE IT IS THE RIGHT THING TO DO. But you did NOT do that and you have only been defensive and disrespectful which leaves me with a very bad impression of you. 

After several emails, demanding restitution under the law, Mr. D'Toriz stopped communicating and has not paid a cent.