Legal Question in Consumer Law in California

Puppy lemon law and consumer's rights

Purchased AKC registered puppy from breeder/hobbiest. Puppy has be diagnosed with Spina Bifida, Hereditary/Congenital defect. Breeder will not comply with request of refund in exchange for puppy nor will they compromise. Recieved puppy 01/15/2005. Seller is listed as breeder and is member of AKC/Bulldog Club of America, and is listed on multiple websites as owners/breeders/exhibitors including their own. Yet they claim, now after the fact, that they are not breeders. Total costs incured so far, $2500.00 purchase price for dog, $250.00+ in vet costs. Reviewed California Health and Saftey Code Sections 122045 - 122110. Not completely sure how to apply to this situation. Breeder has 1-2 litters a year that they sell, transfer or trade. We would be interested in pursuing small claims, civil, or even arbirtration to resolve this manner.


Asked on 3/17/05, 1:26 pm

2 Answers from Attorneys

Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Puppy lemon law and consumer's rights

Yes, I know this situation and only because I represented my Aunt who had purchased a dog with a congenital defect -- I think it was the same defect, bad hips. I fought this case before and the pet store that time tried the exact same thing. They always get away with it because of how much the attorney's fees and the hassle to file on such a small matter, etc. I won it last time. I would charge you fairly to resolve it before filing suit and if we file suite you get the attorney's fees from them anyway. Call me, I'd be happy to fix this for you.

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Answered on 3/17/05, 1:58 pm
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Puppy lemon law and consumer's rights

Oh, my phone number is (310) 266-4115

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Answered on 3/17/05, 1:59 pm


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