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Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 33564
Experience:  Employment Law Expert
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I purchased a horse sight unseen but from videos from a seller

Customer Question

I purchased a horse sight unseen but from videos from a seller on March 10, 2015. She arrived 200 pounds underweight on March 10, 2015. The seller did enclose in his video tht she "may" have a slight bolting problem, but it only happened 2 times after 40 times of walking her. He said he would have it fixed.
When she arrived after 7 days traveling from Arkansas to California and being in such poor condition from starvation, I allowed her to rest and then took her out for a ride that next day on March 23, 2015. It took me 45 minutes to catch her as she is very afraid of people on the ground and shook all over once I did catch her. I had never seen that before. She rode great. On day two, after she had a chance to rest, her true problems emerged. She bolted, kicked and was terrified of being caught. I kept her for 30 days to try to gain her trust and then I sent her to a trainer on April 18, 2015 for 30 days who deals with behavorial problems. On May 19, 2015 they said she was too dangerous to work with and they were injured and could no longer help. During the entire time, I kept the horse trader apprised. I hired a vet who deemed her abused and highly anxious as did I and the trainers.
The mule trade would not take her back for an exchange nor refund my money. I have it in writing. I offered to pay for her transportation back to Arkansas, he said no he had no use to have her and couldn't sell her again with these problems. I become upset that he would not stand behind his animals he sells. He made a public video of me and put it on the internet lying about the entire situation. I rebutted with a factual video back. I have received much support from others who have been burned by him.
Question: Can I send him a cease and desist letter and/or put a restraining order on him. I live in Riverside County, California. He lives in Paragould, AR. Do I have jurisdiction over this matter to file in California?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Dwayne B. replied 2 years ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.
You can certainly send him a cease and desist letter, there are no laws that state when one can and can't be sent and no real repercussions to you from sending it.
As to getting a restraining order or an injunction you almost certainly wouldn't be able to get AND ENFORCE a restraining order and injunction in California over an individual who lives and is taking these actions in AR or in states other than CA since CA doesn't have personal jurisdiction over him.
You could file the lawsuit in CA and have him served in AR but since the CA courts don't have jurisdiction, under the facts you have given, there is no way to enforce any orders from a CA court.
You could file in AR and then the order would be binding on him wherever he is since the AR court would have personal jurisdiction.
Customer: replied 2 years ago.
What if he is harassing me on the Internet on public sites such as Facebook pages?
Expert:  Dwayne B. replied 2 years ago.
You still have to file where he is located. You can try to file in federal court but generally that is a more expensive proposition and since he is located in AR when he is posting, AR is the state with jurisdiction.
Customer: replied 2 years ago.
Do I have grounds to file a restraining order on him here in California in local Minicipal court to prevent him from calling, emailing, coming within 300 feet of me, and or contacting me through a public media?
Expert:  Dwayne B. replied 2 years ago.
You can file it but it is unenforceable. CA doesn't have personal jurisdiction over him. One state can't exert control over a person in another state unless that person has submitted themselves to the jurisdiction which is not indicated by your facts. Therefore, any orders issued by the CA court would be void.