Can I sue?

Hi,

I recently purchased a pedigreed kitten from a breeder in California. However, the breeder will not sign over the registration papers for this kitten. I paid for the kitten, and the breeder cashed the check. The organization with which the kitten is registered is not help.

Can I sue in small claims court to get the registration papers. I have a contract and the copy of the cashed check. Will that be enough? Also, any other suggestion regarding this...

Thanks!

Lena

lena_k said:

Hi,

I recently purchased a pedigreed kitten from a breeder in California. However, the breeder will not sign over the registration papers for this kitten. I paid for the kitten, and the breeder cashed the check. The organization with which the kitten is registered is not help.

Can I sue in small claims court to get the registration papers. I have a contract and the copy of the cashed check. Will that be enough? Also, any other suggestion regarding this...

Thanks!

Lena

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My response:

Would you care to let us in on the specifics of your written contract? Would you care to enlighten us concerning what the breeder has stated for his/her refusal or failure?

IAAL

The contract stated that the kitten was sold as a breeder / show kitten. It lists the breeder as the seller and myself as the purchaser. It goes into detail how I am not suppose to sell or give this kitten to anyone. It states the amount of money the kitten costs, its name, the names of the parents, etc. Also, the health guarantee on the kitten.

The reason why the breeder would not sign over the ownership of the kitten is because she wants this kitten back. The kitten is doing very well at the shows, and she did not expect that and now wants the kitten back and says she will not sign over the papers.

As I said, I have a copy of her cashed check and the contract that says that I purchased the kitten from her.

What could be done?

The CFA will NOT become involved with disputes between breeders and purchasers

BelizeBreeze said:

The CFA will NOT become involved with disputes between breeders and purchasers

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The kitten is not registered with CFA. But that organization does not get involved either. That is why I am asking if I can sue in small claims to get the papers on the kitten.

lena_k said:

The kitten is not registered with CFA. But that organization does not get involved either. That is why I am asking if I can sue in small claims to get the papers on the kitten.

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I'm going to save IAAL from the headache I know is coming.

What EXACTLY does your contract state as to registration and did you purchase this cat as "Pet quaity" or does your contract SPECIFICALLY STIPULATE "show cat"?

The contract states show cat and breeding cat. Not a pet...

TIA

Oh, and the kitten is already registered, but with the breeder as the owner. Now, since I purchased the kitten, I am suppose to be the owner, not the breeder. The breeder will not change that.

THanks

While Small Claims Court has a statutory grant of power to award forms of equitable relief, in addition to monetary damages, it shies away from using that power.

Did the contract specifically state that you would receive registration papers or was it implied from her other obligations?

Not telling you that it can't happen; just warning you that it departs from the norm. Still, this is a unique factual situation and a monetary award is just not an adequate remedy for you. When you make the Court see that, you could get the relief that you want. At worst, I would think that it might dismiss without prejudice and ask you to re-file in a higher court.

dcatz said:

Did the contract specifically state that you would receive registration papers or was it implied from her other obligations?

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No, the contract does not state that. But, when you buy a kitten (or anything for that matter), aren't you now the owner of whatever your purchased. The kitten is still registered with the breeder as the owner. The contract states that I am the purchaser, and she is the seller... Before, when I purchased cats, the contracts did not say anything about the registration papers, the registration was simply changed to my name...

lena_k said:

No, the contract does not state that. But, when you buy a kitten (or anything for that matter), aren't you now the owner of whatever your purchased. The kitten is still registered with the breeder as the owner. The contract states that I am the purchaser, and she is the seller... Before, when I purchased cats, the contracts did not say anything about the registration papers, the registration was simply changed to my name...

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YOu do NOT automatically receive registration papers to a "show cat" if they are not included in the contract.

Contact whatever agency you are showing the cat through and pay the monies to register the cat.

If they won't register it without the papers then you've got a problem and will probably ONLY be allowed to show in the "open" category.

I understand and I agree. I'm not questioning your rights, and I doubt the Court would question them (unless the breeder lied and said the present condition is what the two of you intended all along).

As noted, performance is the only completely adequate remedy for you. It's just that Small Claims tries to avoid that type of order. Small Claims is a "high volume, short cause" type of forum. It has trouble with orders commanding performance because that means retaining jurisdiction until there is performance.

In this case, there are solutions, and one would be to order her to sign and deliver the papers. Then continue the case for a week. If you have received signed papers, the case is dismissed. If you haven't, the Court enters judgment for the jurisdictional maximum ($5,000). There are other options too. I'm just saying that the Court tries not to go there if it can.

dcatz said:

In this case, there are solutions, and one would be to order her to sign and deliver the papers. Then continue the case for a week.

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And that would be wrong. The court cannot rewrite the contract to fit the terms of what ONE party thinks they are. The court interprets the contract on it's language.

If there is no provision for the registration papers then that's it.

There is a HUGH difference in price between selling a show cat WITH proper papers and without. And the court can do nothing but what the contract stipulates.

BelizeBreeze said:

YOu do NOT automatically receive registration papers to a "show cat" if they are not included in the contract.

Contact whatever agency you are showing the cat through and pay the monies to register the cat.

If they won't register it without the papers then you've got a problem and will probably ONLY be allowed to show in the "open" category.

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The kitten is already registered under the breeder's name. The breeder would not sign over the ownership of the kitten to me. In order to do that, she needs to complete a form, which she has but will not give to me because she wants the kitten back.
Also, the kitten was purchased as breeding and showing kitten. I cannot breed the kitten without him being registered under my name. And, I paid for that!

BelizeBreeze said:

There is a HUGH difference in price between selling a show cat WITH proper papers and without. And the court can do nothing but what the contract stipulates.

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The show cat can only be shown and bread with papers! Since the cat was sold as a show and a breeder, and I cannot do either without the papers, it is not really a show or breeder cat now is it?

The contract states breeder and show cat, shows the cat's registration number and the parents. The only problem is that the can is registered under the breeder's name, not mine.