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00:00She was bitten.
00:02Yeah.
00:02And so that's when it just started to escalate.
00:05She was dragging my dog to the car.
00:09What are you doing?
00:10I got nervous and scared.
00:12I was like, please let my dog go.
00:14She marched up to me, and she grabbed my arm,
00:18and she shook me.
00:19There are so many pieces to this case.
00:21It's like a puzzle.
00:22This is Judy Justice.
00:30Mary Ann Sullivan is suing her former business partner,
00:47Kayla Phillips, for dog show costs, boarding fees,
00:50and RV storage.
00:53Court come to order.
00:54All rise.
00:58Hello, Judge.
00:59Be seated, please.
01:00Case 1038, Sullivan versus Phillips.
01:03You're welcome.
01:04All right, there are so many pieces to this case.
01:07It's like a puzzle.
01:08I'm going to have to separate it a little bit at a time.
01:11Ms. Sullivan, you're involved in probably breeding
01:14and showing dogs.
01:15Yes.
01:16What kind of dogs?
01:17Berger, Picards, and French Bulldogs,
01:19and I co-own a Beauceron.
01:21Do you have pictures of those dogs?
01:22Yeah, they do.
01:23I'd like to see.
01:24I know what a French Bulldog looks like.
01:25I'm just curious to see what the others look like.
01:28I have a picture of the Beauceron, and this is a picture
01:33of my Westminster Top 10 Berger Picard.
01:38They're both herding dogs.
01:40Handsome.
01:41Handsome.
01:42Handsome.
01:47Okay, and what kind of dogs are you involved in?
01:51I have Beaucerans and Connie Corsos.
01:53Okay.
01:54This is what I gather.
01:55The two of you met at some sort of a show and you became friends.
02:00You, Ms. Sullivan, who had been in the business for a long time,
02:03decided that you would mentor the defendant.
02:06And you moved, you had a house trailer.
02:08An RV.
02:09An RV.
02:10And Ms. Sullivan allowed you to move on to her property.
02:13And on your property, you said you keep dog kennels,
02:15because in addition to showing dogs, you also, I assume, board them.
02:20I just was starting to board them when Kayla moved over.
02:23That would have been a good thing to have someone assist you,
02:25because you do traveling and you do traveling for shows, whatever.
02:29Anyway, so it sounded as if it was a good idea to work out.
02:32The lawsuit has several parts.
02:34There came a parting of the ways of the two of you that was unpleasant,
02:37and that had to do with the fact that Ms. Phillips was boarding dogs for someone else,
02:42for a fee, Dobermans, I believe.
02:44And she went off to do a show with one of her dogs,
02:48asked you and you agreed to mine those dogs.
02:52I assume you were getting paid for taking care of those dogs.
02:55And those dogs got into a scuffle with some of your dogs.
02:59Some of your dogs were injured.
03:01You tried to intervene.
03:03You were bitten by one of the dogs.
03:05Ms. Phillips didn't come home fast enough for you.
03:08She said, I will come home when I finish the show.
03:10She came home.
03:11There was another bit of a kerfuffle where you alleged she assaulted you by pushing you.
03:16You weren't injured, but it's part of your counterclaim.
03:18So that's nonsense.
03:21And she left.
03:21You claim that she owes you for several things.
03:24You claim that she owes you for an RV hookup,
03:27which I assume means whatever she did with her RV, almost like rent.
03:32Ms. Phillips says there was never an agreement for rent.
03:34You never discussed rent with her when she moved her RV onto your property.
03:38Number two, you say she owes you her share of a trip to the national dog show,
03:44which you covered expenses for.
03:46And you also want the money that she received for boarding the Dobermans,
03:51because you were the one who watched them and not her.
03:53She has a counterclaim.
03:56She says you owe her money for dog show fees.
03:58She says you assaulted her, which is nonsense.
04:01And I don't understand what photography services you're talking about.
04:04I think it's all a lot of nonsense, but I will get to it and dispose of it quickly.
04:08Tell me about the arrangements for hookup fees and rent when she moved in,
04:11and tell me the date she moved her RV onto your property.
04:14She moved on April 12th of this year.
04:16On what date did she move out?
04:18She moved out on the 17th of May.
04:21And so one month she stayed.
04:23Yes.
04:24And what was she supposed to pay you for putting her RV on your property?
04:28The RV, I'm going to let that month go.
04:31But when she left under the circumstances, I let her know that I was going to start charging her the
04:36going rate of $40 a day for storage when she left.
04:39You mean when she left?
04:40And then she didn't...
04:41You're just saying, just because you told her that you were going to start to charge her
04:45doesn't mean that you had a contract.
04:47Did she say, okay?
04:49Did she say, I agree to that?
04:50No.
04:51We didn't speak after the dog attack and she left.
04:53Well, then that's not a contract.
04:55If she left her stuff there, you could have disposed of it.
04:57What did you do with her stuff?
04:58Well, she told me I was extorting her and brought the cops and I allowed her dad to...
05:03Just a second.
05:04Did they pick up the stuff?
05:05Fine.
05:06Well, you didn't have a contract with her.
05:08You can't have a contract made by one side.
05:10A contract has to be the meeting of the minds with two people.
05:13So let's get over that nonsense.
05:15Now, how much money were you supposed to give her for your share of going to the national dog show?
05:21Originally, our agreement was that she was going to use her companion ticket
05:27with Alaska and that was going to be a hundred dollars.
05:31And in return for that, I was showing her dog for her at the AKC national dog show.
05:36Okay.
05:36So she was going to use her companion ticket, plus you were going to give her a hundred dollars.
05:41Yeah.
05:41The companion ticket was going to be a fee of a hundred dollars through Alaska
05:45at her purchase price for the ticket.
05:47Did you work for the airlines?
05:49No, I did not.
05:49Here's the bills with her name on it for her ticket and the upgrade to have the dogs in bulkhead.
05:56And me paying for her dog show fee and half the hotel.
06:03I'm listening.
06:04I'm listening.
06:04I'm adding and listening.
06:08And that's when she marched up to me and she grabbed my arm that was holding the keys with one hand
06:14and my shirt with the other.
06:16And she shook me and she was like, give me my keys and cursed at me.
06:20So you reached in to the car and you got out her car keys.
06:24I did.
06:35Mary Ann Sullivan claims her former business partner, Kayla Phillips, owes for the cost of
06:41dog shows and boarding fees.
06:43Kayla is countersuing for dog showing fees and an assault.
06:47I'm listening.
06:48I'm listening.
06:49I'm adding and listening.
06:49Originally, the agreement was that I would show her dog for her while we went.
06:54And then after the fact that we agreed on the dates, she then informed me that the ticket was
06:59$650 instead of our agreed upon a hundred.
07:03Well, if she didn't get it, she didn't get it.
07:05Mm-hmm.
07:06Okay.
07:06Did you make any payments to her?
07:08No.
07:08With regard.
07:09She didn't inform me that she had actually paid the $650 for the ticket.
07:14And she did that without consulting me first, because I made it clear that I wasn't wanting
07:19to spend those expenses to go to the dog show in the first place.
07:22What else?
07:23Boarding fees.
07:24What kind of boarding fees are you talking about?
07:26She charged $2,000 a dog to board and train, which was $66 a day for her.
07:32I charged $35 a day to take care of a dog and kennel them.
07:36So 10 days that I took care of, I'm only charging her for the few Dobermans,
07:41because I took care of her four dogs and seven goats.
07:44Well, just a second.
07:45Did you have an agreement with regard to that?
07:48Is my question.
07:48Yes.
07:49She said that we would...
07:50Let's go back.
07:51Tell me what agreement you had, when it was made, where it was made,
07:55what the discussion was.
07:57We both agreed.
07:58No, not, we both agreed.
07:59That's a conclusion.
08:00We discussed that she...
08:01When, when?
08:02The month before she moved in, that...
08:04The month before she moved in, you said to her...
08:07If I took care of the dogs, I would get a board fee of the days
08:10that I was alone with the dogs when she was traveling,
08:12and then she would get the rest while she was there.
08:15Did you have that discussion with her?
08:16No.
08:17We didn't actually discuss anything, because when I approached her
08:21about discussing what our plan was, I got shuffled off like,
08:25oh, we'll talk about it next week.
08:26So we never officially discussed anything.
08:28Well, how could you talk about boarding the month before she moved in?
08:30She had planned to bring the Dobermans with her.
08:33Were you permanently taking care of the Dobermans?
08:35No.
08:36When did you start to take care of the Dobermans?
08:38The 13th of April.
08:39So the Dobermans came in with you the day after you moved on to the property.
08:44Yeah, they arrived with their owner, but it wasn't just me.
08:48Like, this was a joint thing that we were trying to start,
08:51but she wasn't very commutative about our agreement.
08:55She just didn't want to talk about it until later,
08:57and so I was a little confused as to how it was working,
08:59and I was taking care of the dogs and doing all the training and stuff,
09:02except when I left for the dog show.
09:04And you left for the dog show on what date?
09:06I left on the 14th of May.
09:09All right, so let me try to understand this, Ms. Phillips.
09:12Mm-hmm.
09:12I want you to explain to me what you brought to the table.
09:16So far, she's giving you the property on which to put your RV so that you can live.
09:21Mm-hmm.
09:21She's providing the property and the kennels for your own dogs
09:25and for dogs that you're going to be boarding.
09:28She's providing the expenses to travel to the dog show.
09:32So...
09:32Airfare, hotel, fees for registering the dog.
09:37You must have gotten paid from the Doberman owners.
09:40I did.
09:40You did. And how much did you get paid?
09:42$2,000.
09:43A day?
09:44A month?
09:45Per month.
09:46Was that for both dogs?
09:47Per dog.
09:48Per dog.
09:48So you got $4,000 for the month.
09:50I was also in charge of their expenses while they were there, their food.
09:54So you got $4,000.
09:55Plus she had a German Shepherd.
09:57They're titling.
09:58How much of the $4,000 did you share with a plaintiff?
10:05None.
10:05Take a breath.
10:07How much?
10:07None.
10:08None.
10:08Okay.
10:09So now I'm still confused.
10:12When you left on May 14th, you left her in charge of the dogs for just those four days.
10:18And the dog that you went to show was your dog or her dog?
10:22I brought five dogs with me.
10:24I delivered one of her puppies to their puppy owner on my way down there.
10:28Whose dogs were they?
10:29They are all either owned or co-owned by me.
10:32Owned by you and co-owned with the plaintiff or someone else?
10:36Mm-hmm.
10:36Oh, with someone else.
10:38I did bring our co-owned dog.
10:42One of them was our co-owned dog.
10:43Okay.
10:43Is that correct?
10:44She was only there to get her eyes tested, not to be shown.
10:46But she brought her?
10:47Yes.
10:48Yes, she did.
10:48And she was in charge of her?
10:49Yes.
10:50Okay.
10:50And was that a trip that you went to by car or by air?
10:54By car.
10:55How far was it?
10:56It's a six-hour drive.
10:57Okay.
10:57So, so far, you owe her $650.
11:00And how much do you think she owes you for kenneling the dogs?
11:03I figured that she made $4,000 for both the dogs.
11:06I took care of both dogs for 10 days.
11:09Now, did you make a contract with her?
11:11Okay, but I...
11:11I don't care what you figured.
11:12Okay, but she was going to pay me board if I took care of her paid dogs.
11:16Is that correct?
11:17No, because we never discussed it.
11:19Now, I don't believe that that's true.
11:20She owes you $650.
11:22Now, let's get to your counterclaim.
11:23Well, I also, when I was at the property...
11:26Just a second.
11:27I have a counterclaim.
11:28Dogs show fees.
11:29What is that about?
11:30So, when I show her dogs for her?
11:33Not when.
11:33Give me a date.
11:34A date you showed her dog for her, and she didn't pay you a fee.
11:37I showed the dogs January 16th to the 19th.
11:40I'm not interested.
11:41Okay.
11:41Keep going.
11:42Anytime.
11:43After.
11:44April.
11:45After April.
11:45When you all decided to move in.
11:47Yes.
11:47Together.
11:48Let's go.
11:48None.
11:49No.
11:49I did not show her dogs.
11:50Okay, good.
11:51What are photography fees?
11:52So, I took professional photos of her four-week-old puppies for her to use for her advertisements.
11:57And what was your agreement?
11:58There was no verbal agreement.
12:00Perfect.
12:00So, you had no contract.
12:02Now, you're going to describe the assault.
12:05So, when I returned back from the dog show, it was late.
12:08It was almost midnight.
12:09Ten o'clock.
12:10I was up.
12:11So, I got there.
12:12I got all the dogs settled in, and I went to bed.
12:15I got up in the morning.
12:16I got up around 6.30.
12:17I took care of all of the animals, all my dogs and the goats that were on the property.
12:21And I then was putting all the dog show stuff away.
12:25And she came out, and I waved, and I was carrying a crate, finished putting that away.
12:29By the time I came back out of the shed putting things away, she was walking back into the house.
12:34I went in to my RV.
12:35She texted me, like, I'm really sad you're avoiding me, and to come out.
12:40And she needed the money from the puppy.
12:41Did you give her the money for the puppy?
12:43I gave her the money.
12:43How much was the puppy?
12:45The puppy was a total of $3,500, but I think that it was only $3,000 in cash,
12:49because the deposit had already been paid for the $500.
12:52And so, I gave her that, and when I came out to give that to her, she was in her truck,
12:57and I go up, and I said, I was hoping that we could talk this afternoon about everything
13:01that happened when I was gone.
13:03Everything you mean, the fight where she was bitten?
13:05Yeah, the fight that she separated incorrectly.
13:08And talk about that, and she cut me off, and she was like,
13:13Kayla, I am the most important thing in your life, and I feel very unimportant,
13:17because you did not come in this morning to take care of me or my animals.
13:21Okay.
13:24What do you mean she tried to push you, whether she pushed you or not?
13:27She did push me, and I just sat down so I didn't fall off the steps,
13:30trying to get into the RV to get the dog out that she thought she was...
13:34But she didn't?
13:35She did not, no, because I sat down, and then she couldn't move me after that.
13:43Mary Ann Sullivan has accused her former business partner, Kayla Phillips,
13:55of moving off her property without paying her share of dog show costs and boarding fees.
14:00Keep going.
14:01And at that point, it kind of just escalated to the point where she was kind of just
14:05talking about everything that she didn't like, about how I was there, and when I was there,
14:09and everything like that. And I said, Mary Ann, I'm really sorry that I made you feel unimportant.
14:13That wasn't my intention. And that, you know, I understand that it's not working,
14:18and it's okay, and I'm happy to go home. And then she decided that she wanted our co-owned
14:25Beauceron dog Scout back. And I told her that that wasn't our agreement, because two weeks before I moved,
14:31she called me and verbally returned the dog saying that she couldn't handle the dog anymore.
14:35And so that's when it just started to escalate because I refused to return the,
14:40give the dog to her. And then she decided to take one of my dogs instead.
14:45So she went in and got my dog and was dragging my dog to the car, and I got nervous and scared.
14:52And so I had her truck keys in my hands, and I was holding it, and I was like...
14:56So you reached in to the car, and you got out her car keys?
15:00I did. And I was holding them, and I was like, please let my dog go. Like,
15:05this situation is making me entirely uncomfortable, and I think we just need to take a deep breath
15:09and talk about it when you get back. I'll be here. And that's when she marched up to me,
15:14and she grabbed my arm that was holding the keys with one hand and my shirt with the other,
15:19and she shook me. And she was like, give me my keys, and cursed at me.
15:23And I just kind of held them as far as I could away from my body.
15:28She let go of my arm to grab the key, and I slipped the leash off the dog.
15:32The dog immediately came behind me, and I went to my RV and got on the steps,
15:36and just stood in front of them, and I repeated that I was uncomfortable with the situation,
15:41that I was getting scared, and that I think that we just need to take a breather.
15:44And that's when she tried to push me out of the way, off the steps of the RV.
15:49What do you mean she tried to push you? Whether she pushed you or not?
15:52She did push me, and I just sat down so I didn't fall off the steps.
15:55Okay.
15:56And trying to get into the RV to get the dog out that she thought she wasn't.
16:00But she didn't?
16:01She did not, no, because I sat down, and then she couldn't move me after that.
16:04Okay. And then she left in her truck?
16:07After yelling at me for several minutes.
16:09Okay, but she left in her truck.
16:10She did.
16:11Okay, and then you left.
16:12Well, I called several people.
16:14I called my mom and one of my good friends because I was living a very sheltered life.
16:19I've never been treated like that by another person ever.
16:21Okay.
16:22But you left that day.
16:23I did leave that day.
16:24And did you leave the RV?
16:26I did.
16:26So you left the RV on the property?
16:28Yes.
16:28And what about the dogs?
16:30I took all the dogs, and I took my goats.
16:32And where did you take them?
16:33I took them to my mom's house in Washington.
16:36Okay.
16:36When did you come back for the RV?
16:38I messaged her that evening, saying that I was really sad about the situation,
16:43and that I was thinking of her.
16:45Then the next day, I texted her saying that my dad would be,
16:48because my dad has the truck that can pull the RV because it's a fifth wheel.
16:51And I told her, I said, my dad would be back this week from Arizona,
16:54and that I could come on Saturday to come receive it.
16:57And she responded was, all contact will be through my lawyer moving forward.
17:00And then I never heard from her again.
17:02When did you go and get the RV?
17:04So she sent me a certified letter saying that it was abandoned.
17:08Can I see the letter?
17:09Yeah.
17:10I see.
17:13You must have the letter.
17:21Where's the letter?
17:22It's a copy of the letter.
17:23Well, the letter was sent to not my house.
17:26So it was sent to my grandparents' house in Boring, Oregon.
17:30That's the address you used.
17:31Okay.
17:31So on June 21st, you wrote to her that it's been 30 days without arrangements of money owed and
17:46removal.
17:47Her Oregon statute, I have to inform you of the removal, if you wish to get the items,
17:51please bring cash on Saturday.
17:53That will be $5,822.
17:56Will you already now understand that you can have a one-sided contract?
18:00Yes.
18:00Okay.
18:00Did she finally remove the RV?
18:03Her father removed most of her contacts that day and was to come back Monday or Tuesday,
18:08and he did not come back to get the rest of her stock.
18:10So what did you do with the rest of her stock?
18:11I put it out on the road and people picked it up.
18:15Okay.
18:16But he removed the RV?
18:17Yes.
18:17Very unfortunate.
18:18I actually have a sworn statement from my dad.
18:22I don't read sworn statements.
18:23Because he did talk to...
18:24Just a second.
18:25I don't read sworn statements and you can't tell me what he said because that's hearsay.
18:29And you don't have a case on account to claim.
18:31You do owe her $650 for the cost of going to the dog show.
18:35Judgment for the plaintiff.
18:36We're finished.
18:37Thank you very much.
18:38Court adjourned.
18:41I think that Marianne, when I moved to the property, assumed that I was going to be taking
18:46care of everything on the property and not just maintaining the business that we were trying to
18:50start together.
18:51Actually, I did a lot more work.
18:53She worked with the dogs and not every day what she was charging for.
18:57Extremely upset that I didn't conform to how she felt like I should handle the situation.
19:03And unfortunately, that just wasn't possible.
19:06And I had him 10 of the 30 days, so there wasn't a lot of training going on.
19:09And, you know, I learned that I don't want to take care of another person.
19:14Well, now I will see her when I see her.
19:17Well, you know, I won't do that again.
19:19And I am very sorry that I was such a poor judge of character.
19:22That case showed that one important thing I learned in law school is that you can't make
19:27a contract with yourself.
19:29You can't decide on terms and make an agreement and sign it one-sided.
19:34Yeah, that's true.
19:35And that's true even if the terms are reasonable.
19:38And plaintiff had perfectly reasonable terms, but they were agreed to only with herself.
19:43So you need to...
19:44Mutual assent.
19:46Yes.
19:47Mutual consent to make a contract.
19:48And there has to be an offer, acceptance and consideration.
19:52That's what we learned.
19:53So that didn't quite cut it anyway.
19:55It was a business relationship that didn't work out.
19:58It only was for a month.
19:59So nobody lost anything.
20:01And they were both very nice people.
20:03Yeah.
20:04All turned out okay.
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