Court June 25, 2007

Lowry vs Zizzo/Pedigree Cat Breeders Society Organization
                               ( society & organization are the same, so this is redundant)

 

Today was a glorious day, much anticipated by many. A day that Mz. Zizzo would finally be held accountable; made to answer for all her insane, mean vicious attacks on me for the last 4 plus years.

But did she? Most of her answers to the judge's questions, were "huh? what?, or "Did you read my synopsis?"

She at least showed up this time not smelling as if she had not bathed in weeks, like last time when she attacked Laurie by the door and twisted her arm, her hair did not look greasy like last time but we didn't get to look at her feet this time, clad in flip flops, and described by Laurie Reynolds last time as "goat feet" because they were so black and dirty, cracked and peeling.

Unfortunately for us we were number 24 on a rostrum of 32 cases to be heard that day. While we waited to be called, the bailiff called out, "Rose Marie Zizzo?" She raised her hand, thinking she was special and that something great was about to be bestowed upon her. It was! She was handed Honey Walker's lawsuit for a million plus out of New York, and asked for her license. As she sat there stony faced, reading the paperwork, we noticed the papers were shaking. Was this mean nasty woman finally brought to her knees? One could only hope.

The judge sent many cases to mediation, but not us, I guess he knew there was no reasoning with this woman. When called forward to present our case sometime after 3:00, the judge asked what I had to back up my claim, of slander, libel, breech of contract, mayhem and loss of business, reputation and income. I am not sure why I tossed out my outline that I worked on for weeks, and reached into the cart file box and pulled out several of my files and called out "here is, 2003, 2004, 2005, 2006, from her website"! as I laid out all 4 file folders, each at least two inches thick . Then I pulled out the file folder full of all those hundreds of harassing, threatening emails, and that file was at least 4 inches thick!

The judge asked the bailiff to hand them to him, all of them. The bailiff just kind of looked at me and raised his eyebrow, because he had told me there was no way the judge would want to see all of my paper work! As the judge took it all I got out another folder about 6 inches thick and said "and these are all the places she put complaints on other websites!" Then there was the huge folder of CFA complaints, Better Business complaints, attorney general complaints, code enforcement, humane society, letters to my neighbors and the local vets, there was also a huge file on Glorianna, the cat she killed He looked at the table and all those files and the others still in the box,  which amounted to another 8-10 inches of paper work. And too, the 4 inch folder of her attacks on other breeders she thinks have my cats. He was clearly overwhelmed by the amount, as many others have been.

As he held up the Google search in the name of Lollimops, a print off of 10 pages of her nasty postings he asked how I could ever be expected to do business with that much bad stuff....or something to that effect. She did not answer.

The judge then asked how this all had started and I explained about the cats Zizzo got from me. He asked to see the contract and read, most of it aloud to Zizzo. He read "NO REFUNDS. NO RETURNS. NO EXCEPTIONS:" and asked her why she had asked for money back when this is what the contract said? She responded with something like, who would want another sick cat from this breeder. He asked if she had gotten the required necropsy, she said she had and told him it was in her synopsis. He read the "biopsy" (not the required "necropsy") and then returned to the contract and read the part about the breeder not being responsible for communicable diseases that other cats may carry if others were present. Did she have other cats, yes she said, and hesitated when asked how many, then said 15. She tried to make her claim of the contract being in favor of the seller and not the buyer and that there was no health guarantee, but he read that part to her too. He corrected her several times on the amount, she claims $1300.00, but the contract says and she paid $1200.00 and  despite our many attempts to correct her she has persisted in claiming that amount all over the internet for over 4 years. She finally admitted that she had made a mistake. Then he read to her the email where she claimed to have only had the cat 4 months when it died. Why had she said that when I just proved she had the cat 11 months? Oh, that was a mistake too. He then said I see you are claiming the "Pet Lemon Law" which gives up to one year for genetic defects. This was a corona virus which is not a genetic defect but an infection. She said emphatically, "NO it is genetic!" He said I have dogs and we vaccinate for corona, and asked me what vaccines I give. I told him kitten shots, named them, and that the FIP vaccine can cause FIP in kittens under 16 weeks of age so I do not give it. She then stated she had brought information about FIP to the court, a paper which she had "permission to use in a court of law" and told him to read it, that she had highlighted the pertinent parts. He did and said, "Well Mz. Zizzo this just confirms what I said, corona virus is an infection, not genetic!"  He asked how she could know where this infection came from if she had 15 other cats. No answer. Yahoo, for this guy!

Well, she said, she has done this to lots of other people. Lots! How many he asked, she hesitated, you could tell she wanted to lie but said very quietly 2 or 3. He said that is not "lots"! Zizzo said well if she wanted to make her customers happy she would return the money.

He then read the last part of the contract which states "This cat/kitten maybe returned to the breeder at any time for any reason if unwanted" and he asked why she didn't just return the kitten. She responded with  "A dying cat?" He said yes, anytime if unwanted!  Her arms were crossed in front of her and one leg thrown over the other, still not looking at us and the foot just going back and forth as fast as it could go!! He reiterated, that she could have returned the cat! No response on her part. He had just made the point that my contract was a very good one, the same one she slams all over the web and tells people it is 100% in favor of the seller, do not buy from me and do not sign. A judge in a court of law, had just affirmed it was a good one

As he thumbed through some of those emails he read aloud several, one was "your stony dead heart, another was about Lollimops being a witch, and responded with, these are attacks and not about the return of a cat.

He then talked to Annie  and Laurie. Laurie came completely organized with all her paperwork, printed off from zizzo's site where zizzo claimed she was my friend and had my my cats so was therefore FIP infected. Laurie told him she had not known me prior to my contacting her to tell her zizzo had put her up on the site. She remembered zizzo calling her about a kitten and then a stud service, gleaning all her information, address etc. Then Zizzo just maliciously put her up on the site as an FIP infected cattery with no proof, simply because she lived in my general area and had cats, and had been foolish enough to place her ad in the Pennysaver, which goes online. Zizzo can access it there, and does many times a day attacking any and all cat breeders in my area, including two other very old women who have just a few cats. Zizzo sent animal control to their doors without provocation, claiming they had sick cats. I had not known those two older women either. Zizzo then back pedaled and claimed she had never said that Laurie had my cats and was FIP infected, though Laurie had just read the judge that print off from Zizzo's site.

Annie also explained that she had not known me prior to being placed on Zizzo's site as an FIP infected cattery because of having my cats. She was accused of having FIP and having my cats, did she have my cats he asked, NO she responded. And what would it matter if she did? It is none of Zizzo's business who has what! But she seems unable to get that thru her head!

God smiled on us this day by giving us a judge that knew about corona virus, and thus about FIP, a judge that seemed to be very human, not in the least condescending, and was extremely caring and thoughtful. We watched him put a lot of thought into each verdict, looking up law as he went and explaining everything. Putting his head in his hands several times and asking  for a moment to think. He was wonderful!

Then he picked up that pile of folders and held it over his head  and while pointing at the huge pile still on the table in front of me, shook it asking "What is this about Mz. Zizzo? this is not about a $1200.00 cat, what is this all about?" Is it about free speech, yes she said. Then again, "This is clearly not about the cat. Can you tell me what it is about?" NO  response! He said, "This is clearly excessive and borderline harassment." Borderline? If that was borderline, I would hate to see actual harassment! YIKES!

Then....."Well, the plaintiff wins by a preponderance of the evidence!" "$7500.00 to Mz. Lowry"

Thank you judge!

Zizzo picked up her plastic grocery bag full of stuff and ran out the door! this from someone so sick with COPD that she could not show up for the first two court dates, and had repeatedly demanded a phone hearing, was denied, then appealed that and was denied again, all the while claiming she could not walk.  She finally showed up for her hearing to vacate 9 months later looking extremely healthy, then sent the judge something that caused him to recuse himself. She sure booked it out of that court house like the place was on fire! Laurie had to run after her to get her picture. She wanted to have zizzo's picture and a picture of her car and license plate because she is going to go after her now and wanted to know how to find her. She didn't catch up with her until the parking lot several hundred yards thru the court house and then several hundred more into the parking lot! Zizzo was on a mission to get away and she was movin!

I will never get that picture out of my head of him holding that huge file over his head and shaking it, asking, "What is this about Mz. Zizzo? This is not about the cat, what is it all about?"

Yes Mz. Zizzo, what is this all about?

Here she is running from Laurie, she refused to look at us!

       

Court Judgment