Roberts v. Melendez

Courtney Roberts (plaintiff) purchased an 11-week-old male dachshund puppy from Le Petit Puppy (defendant) for $1,200. The parties’ written sales contract included a 14-day health warranty, providing a money-back guarantee if a licensed veterinarian diagnosed the pet as unhealthy, subject to the buyer presenting a statement from a veterinarian detailing the medical condition and permitting the seller to reexamine the pet. The agreement also contained a one-year replacement warranty for congenital defects. Roberts flew the puppy to California the day after purchase and had it examined by her veterinarian. The veterinarian initially found the dog to be normal but noted sneezing, a missing testicle, and the presence of fleas. The veterinarian administered the DHPP vaccine and directed the use of Advantage, an antiflea medication. The following day, the puppy became ill and was hospitalized. It tested positive for parvovirus, though the result may have been affected by the vaccine administered the day before. The puppy was ultimately euthanized. Roberts did not notify Le Petit Puppy of the illness until after the dog’s death, and she never returned the animal or made it available for reexamination. Roberts filed a small-claims action seeking reimbursement for the dog’s purchase price, veterinary bills, and travel expenses.