Legal Judgment on Randy Vo

Most of you have followed along through this website, as well as the main site, regarding our legal, financial, and emotional troubles dealing with the Pet Broker Randy Vo. Due to some of the legal restraints, I’ve kept quiet up until this time.

On June 16th, 2008 I filed a small claims Case Number: CSM-08-825679 against Randy Vo and submitted certified paperwork to his last known address; this same address is listed for his current bills as up-to-date. The small claims summons was signed and returned with a signature of Randy Vo, and court date scheduled for July 17th, 2008. I prepared for the trial with full documentation of expense, medical issues, phone records and police record.

Kattya and Patrick of CheekoB submitted written documentation that they couriered money directly to Randy Vo, and, noting it was a personal not a business correspondence, asked that they not be involved in further communication. I have since removed their information from any publication that I have control over regarding the incident. Randy Vo has consistently said he is still in contact with their business, but due to his track record of consistently denying information that was eventually proven true, I can only assume they are victims of Randy Vo as well.

Randy Vo’s Judgement

Randy Vo was not present in court July 17th, 2008, although he signed and approved the visit. As he was not present to debate the case, the Judge ruled on my evidence and presentation. The total cost of Hanzo’s medical, begun within the first 4 days of purchase, is as follows:

1. Hanzo’s Purchase Price: $1200.00
2. 14 Day Medical Expense: $2,514.21

Pets Unlimited submitted a signed medical report concluding that Hanzo was not fit for sale and that Parvo must have been contracted prior to sale. I also noted much of the cryptic methods of communication and 52 attempts of phone and text messaging (he responded to 6), including: Randy does not have a voicemail on any phone, Randy uses various addresses to forward mail, Randy has consistently not answered phone calls unless from alternative numbers, Randy has consistently denied he is the person on the phone or at a specific location, although admitted to the contrary.

Citing Health and Safety Code 122160, Judgement was ruled in my favor:

Retain the dog, and reimbursement for reasonable veterinary fees for diagnosis and treating the dog in an amount not to exceed 150 percent of the original purchase price of the dog, plus sales tax on the original purchase price of the dog.

Judgement was submitted that Randy Vo owes Brady Frey $1,899.00 + $60 filing fees for a total judgement of $1,959.00. Randy Vo had 30 days to appeal the ruling, which he did not, judgement is deemed finalized. Per the the Judges request, I was not allowed to ask for payment until that 30 days had passed.

Attempts at Payment

After August 18th, I called Randy Vo and updated him on the judgement. He agreed to be co-operative and to begin payments immediately, citing past experiences with Judgements Made on Small Claims to Randy Kadee Vo.

On September 19th, 2008 Randy Vo delivered a $50 money order to my office. I explained to him he can submit a check, mail a check, or use something such as PayPal online to submit via a credit card or a bank account. He told me that he does not have a checking account- that his previous credit history has not allowed him an account. I asked him about his car and other assets, which he had no clear explanation. He said he would continue to make $50 payments weekly if that was acceptable.

The next week payment was missed due to a leg injury he sustained at work, including the following week. October 10th, 2008 he submitted $60 in cash to the security guard at my office building, and has since not submitted any further payments. Randy currently owes a balance of $1,849.00.

What happens next?

Payment has become increasingly defaulted, and soon to be over 30 days since his last payment. I will then submit a Writ of Execution submitting Randy’s personal information for a Law Enforcement agent to withhold the debtor’s assets. I will also submit this further information to Animal Care and Control to further help their support of the situation and any charges that are needed.

Legal Laws in California Protecting Consumers

The selling of pets in the State of California is governed under California Health and Safety Code 122125-122220 (and possibly 122350-122361 depending on interpretation of sale by a judge) also cited as the Lockyer-Polanco-Farr Pet Protection Act. Randy Vo is, specifically, in violation of the following codes, subject to $1000 fine for each violation listed below in this publication.

Health and Safety Code 122140

122140: Every pet dealer shall deliver to the purchaser of each dog and cat at the time of sale a written statement in a standardized form prescribed by the Department of Consumer Affairs containing the following information:

1. (1) The breeder’s name and address, if known, or if not known, the source of the dog. If the person from whom the dog was obtained is a dealer licensed by the United States Department of Agriculture, the person’s name, address, and federal dealer identification number.
2. (2) The date of the dog’s birth, and the date the dealer received the dog. If the dog is not advertised or sold as purebred, registered, or registerable, the date of birth may be approximated if not known by the seller.
3. (3) The breed, sex, color, and identifying marks at the time of sale, if any. If the dog is from a United States Department of Agriculture licensed source, the individual identifying tag, tattoo, or collar number for that animal. If the breed is unknown or mixed, the record shall so indicate.
4. (4) If the dog is being sold as being capable of registration, the names and registration numbers of the sire and dam, and the litter number, if known.
5. (5) A record of inoculations and worming treatments administered, if any, to the dog as of the time of sale, including dates of administration and the type of vaccine or worming treatment.
6. (6) A record of any veterinarian treatment or medication received by the dog while in the possession of the pet dealer and either of the following:
7. (A) A statement, signed by the pet dealer at the time of sale, containing all of the following:
8. (i) The dog has no known disease or illness.
9. (ii) The dog has no known congenital or hereditary condition that adversely affects the health of the dog at the time of the sale or that is likely to adversely affect the health of the dog in the future.
10. (B) A record of any known disease, illness, and any congenital or hereditary condition that adversely affects the health of the dog at the time of sale, or is likely to adversely affect the health of the dog in the future, along with a statement signed by a veterinarian licensed in the State of California that authorizes the sale of the dog, recommends necessary treatment, if any, and verifies that the disease, illness, or condition does not require hospitalization or nonelective surgical procedures, nor is it likely to require hospitalization or nonelective surgical procedures in the future. A veterinarian statement is, not required for intestinal or external parasites unless their presence makes the dog clinically ill or is likely to make the dog clinically ill. The statement shall be valid for seven days following examination of the dog by the veterinarian.
11. (c) For the purpose of this article, “nonelective surgical procedure” means a surgical procedure that is necessary to preserve or restore the health of the dog, to prevent the dog from experiencing pain or discomfort, or to correct a condition that would interfere with the dog’s ability to walk, run, jump, or otherwise function in a normal manner.
12. (d) For the purposes of this article, “clinically ill” means an illness that is apparent to a veterinarian based on observation, examination, or testing of the dog, or upon a review of the medical records relating to the dog.
13. (e) A disclosure made pursuant to subdivision
14. (b) shall be signed by both the pet dealer certifying the accuracy of the statement, and the purchaser of the dog acknowledging receipt of the statement. In addition, all medical information required to be disclosed pursuant to subdivision
15. (b) shall be made orally to the purchaser.
16. (f) For purposes of this article, a disease, illness, or congenital or hereditary condition that adversely affects the health of a dog at the time of sale or is likely to adversely affect the health of the dog in the future shall be one that is apparent at the time of sale or that should have been known by the pet dealer from the history of veterinary treatment disclosed pursuant to this section.

Health and Safety Code 122145

122145: A pet dealer shall maintain a written record on the health, status, and disposition of each dog and each cat for a period of not less than one year after disposition of the dog or cat. The record shall also contain all of the information required to be disclosed pursuant to Sections 122140 and 122220. Those records shall be available to humane officers, animal control officers, and law enforcement officers for inspection during normal business hours.

Health and Safety Code 122150

(a) Except as otherwise specified herein, any person violating any provision of this article other than Section 122205 shall be subject to a civil penalty of up to one thousand dollars ($1,000) per violation. The action may be prosecuted in the name of the people of the State of California by the district attorney for the county where the violation occurred in the appropriate court or by the city attorney in the city where the violation occurred.

(b) Nothing in this article limits or authorizes any act or omission that violates Section 597l of the Penal Code.

Further methods of judgement, penalties, and clarification are listed on the California Lemon Law Section.

What if this happens to you?

Please feel free to contact me, I’m more than happy to guide you, answer questions, or submit information that can further make sure the above does not happen to you.