Update: Court Date

Good luck.

I'm sure the attorneys will have their ducks "in a row" or they should have with the extended time allowance. I would have thought by now a necropsy should have been done to determine the loss of life for court records?! A full history of the bird to be included. Did U get pictures of the conditions of the cages and the way u basically found them? - more court evidence?! Deep breathe and exhale slowly...look everyone straight in the eye. Stand up for your rights and the injustice done at a point in time when u had no control. hmmmm,maybe thats why I like living in a small village - most everyone knows each other and tries to help each other out in some small way. Your "MEGA -metropolis" paints a cold reality from what I've read. Will be interested to hear a follow-up to the precidings! "Blessings"~ :o)

I don't know how sturdy Parrots are (I thought they were) but I can't believe she's suing you after one of her charges died while you were in the hospital. Good luck from me too.

Good luck, GrrlScientist. Um, I hope this doesn't sound tactless, but have you considered taking the parrot with you to demonstrate the carelessless of the alleged 'caretaker'? If you HAD entered into an agreement, she certainly coudn't have been said to have held up her end of it. (On the other hand, maybe that would distract from the main issue, which is that you DIDN'T have an agreement. Anyway, good luck.)

Good Luck Grrl.

Being sued is not as much fun as you might think ;)

GrrlScientist it will probably be fine for you. The court will require the caretaker to show proof that there is a contract and you approved of it. That will be a high hurdle, and it doesn't seem likely she will be able to do it.

The fact that your bird died is a side issue, and will only be important in the unlikely circumstances that she can prove there was a valid contract.

Good luck.

Yes, good luck. I know when I'm faced with something like this, I always imagine the 17 worst ways it could end up. I guess you're similar, so just remember, they are the 17 worst ways, which means they almost certainly won't happen.

Keep us updated!

Bob

Good luck and remember that whatever the outcome, this matter will soon be history. You did all the right things and should prevail. I'm rooting for you.

It sounds like you have a very good case. Win one for the birds!

Good luck to you, Grrl!

i don't have any attorneys representing me on this, they are actually friends who are helping me prepare for it. so i have to keep my wits about me in the courtroom. i think i can do that since i tend to panic after stressful events are over.

well, the first seventeen ways it can go badly is if i end up losing, which means i owe her 3k -- for killing one of my birds, no less. how am i going to pay that?? losing would undoubtedly cause me to PANIC.

i haven't had the bird's body necropsied because she put it in the freezer. freezing destroys much of the evidence for what could have killed the bird. additionally, a necropsy costs about $150, more if i want lab work done.

and yes, parrots are tough little guys, which is why i am so upset about this death. the bird was young and healthy when i left, and i returned from the hospital to find its body in the freezer. how many people return home from a psychiatric hospital to find a family member -- that they raised themselves from babyhood -- in the freezer, waiting to greet them??

Best of luck! And again, don't worry too much. she's the one in a no-win situation.

How does she get $3k? My guess would be that $3k would exceed the retail "value" of the birds, and that it is pretty clear you would have persued other options if you had known it was going to cost that much.

If she told you someone else was going to pay the claims, how can she expect you to pay them after the fact? If she is on salary, maybe some part of her labor was covered by the social work department and she is trying to get some extra, or parts they didn't cover.

well, my birds are worth more than 3k -- i am not keeping budgies after all! but yes, i would have pursued other options if i had known how much she charged -- that was another unpleasant surprise. her daily fees are quite a bit higher than what i charge to take care of people's animals and i am far, far better than she ever will be at pet care. not only that, but i have never killed so much as a plant in the four years that i've been pet sitting in manhattan.

basically, she claims she never told me that an outside agency was going to pay her for her services, so (i am guessing) she might say that i was clearly insane at the time so i couldn't possibly accurately recall what she told me. that's why the absence of a written contract is so crucial: it gives me credibility.

Well, if you were "insane" at the time, any contract would be invalid (especially if it was verbal).

hrm. that's a good point. thanks.

I just now tuned in on this after recently discovering your wonderful blog. I'm so sorry to hear of your loss and hardships. My girlfriend and I have two cockatiels (our babies). I can imagine how hard it must be to lose a loved one like that. I hope the court hearing goes in your favor, as it should.

You've done and continue to do a stellar job with this blog. I stumbled upon it via the recently discovered mention you made of the UCLA newspaper article on birding that I was featured in back in aught-five. Way cool, and a big belated thanks! I've just made it through my first year of grad school in cognitive psych out here at the U of Illinois and hope to soon finally update the Birds of Westwood website, which I'm totally maintaining even though I'm now an L.A. expatriate.
take care,
~jason

Good luck...and I'm so sorry about your bird.

And yeah, let us know what happens, please.