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March 1, 1990, Borissa produced a colt7 named VT Kartel. After
seeing VT Kartel, petitioner purchased Borissa for $2,500. VT
Kartel died in 1991.
In 1990, petitioner again bred Borissa, who produced Bogaz
on May 19, 1991. Petitioner did not breed Borissa from 1992
through 1996.
On June 17, 1997, petitioner entered into a breeding
contract with Bishop Lane Farm to have Borissa bred to Bishop
Lane Farm’s stallions.8 Borissa was in foal in 1997, but her
foal died at birth in 1998. Upon the advice of Thomas Hoyme,
D.V.M., Borissa was not rebred in 1998.
In 1999, petitioner sent Borissa to an equine breeding
facility operated by Richard K. Tramp, D.V.M., for the purpose of
breeding Borissa by use of shipped cooled semen. Despite this
attempt, Borissa did not conceive in 1999.
In 2000, petitioner bred Borissa to Concensus, a stallion
from Bishop Lane Farm. As a result, Borissa produced a filly
named Censuous on March 20, 2001.
In 2001, petitioner sold Bogaz for $20,000. On December 4,
2001, petitioner deposited a $20,000 check received on the sale
into the California Bank and Trust account described above.
7 A “colt” is a male horse, not castrated, 3 years old or
younger.
8 A “stallion” is an adult male horse which has not been
castrated.
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Last modified: May 25, 2011