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00:00You have no lease to his apartment.
00:02That's what you do as a grown-up.
00:05You didn't do that.
00:06That's not true.
00:07He held the apartment for you for six weeks for no money.
00:11You're a hustler, madam.
00:12I am not a hustler.
00:14We are done.
00:15I'm not going to do that.
00:17Oh, yeah, you are.
00:18No, I won't go, no.
00:20This is Judy Justice.
00:30Kathleen Canley is suing apartment owner Ellie Bonneran
00:43for moving expenses, hotel costs, and storage fees.
00:47Court come to order.
00:48All rise.
00:50Have a seat, please.
00:55Hello, Judge.
00:56Case number 1163, Gangley v. Bonneran.
01:00You're welcome.
01:01Ah, Ms. Gangley, interesting story.
01:03You were moving from Arizona to California?
01:06Correct.
01:07And you had a friend.
01:09I assume this was the mutual friend?
01:11I have a very good friend.
01:12A friend of his is also...
01:15Who was this?
01:16This is my sister.
01:17You knew the defendant through a mutual friend?
01:19Exactly.
01:20You were moving from Arizona to California
01:23with a son who was how old?
01:25Fifteen.
01:26And according to you, you wanted him to go to a good school,
01:28and you found out through this mutual friend
01:31that the defendant had an apartment in California
01:35in an area where you wanted to live.
01:37You came to look at the apartment,
01:40and you came to look at the apartment,
01:42I believe, in June of this year.
01:44Correct.
01:45And you liked the apartment.
01:46Yes.
01:47And you settled on a rent.
01:48Yes.
01:49You negotiated the price of the rent.
01:51He wanted more.
01:52You wanted to pay less.
01:53How much was he asking originally?
01:55He was asking, I believe, $37.50.
01:58Is that what you were asking, sir?
02:00No, I said I was asking $45,000,
02:02and I said because she's a friend.
02:03No, no, no, no, just a second.
02:04You were asking $45,000?
02:06I was asking $45,000 for the apartment,
02:10but because through a friend,
02:11I said I'll give it to you for $4,000.
02:12Had you rented the apartment before?
02:14Yes.
02:15To whom?
02:15To a lady who moved to Utah.
02:20How long had she been in the apartment?
02:21Three years.
02:22When did she leave?
02:24Three, four, two months before this incident.
02:29So she left relatively soon, maybe in May.
02:31Yeah.
02:32And how much was she paying in rent?
02:33Thirty-eight.
02:34And you agreed with the defendant.
02:36You wanted four.
02:38She says 37.
02:39I'm not sure I believe her.
02:41You finally fixed on 35, correct?
02:44Yes.
02:45Which is, according to you, $300 less
02:48than you were getting from your previous tenant.
02:51Correct.
02:52Who had been there.
02:53Well, that was nice of you, $3,500.
02:55And you were supposed to provide him
02:58with security deposit.
03:00How much?
03:01$3,500.
03:02The total would've been $6,000.
03:05I'm gonna do this my way.
03:06Okay, sorry.
03:07You were supposed to provide him
03:09with security deposit when you saw the apartment in July,
03:13because now you are, if you wanna take the apartment,
03:17you want him to stop showing the apartment.
03:19This is before, this is before I got to L.A., yes.
03:24You went to see the apartment for the first time in June.
03:27Yes.
03:28And in June, you said you'd take it.
03:30Correct.
03:31So you clearly wanted him to stop showing the apartment
03:35to other people.
03:36He, we were done, yes.
03:38Great.
03:39And how much money did you give him in June then?
03:43We, and I have the text messages.
03:45There's a number, just a second.
03:46Well, that's a number.
03:47In June, I gave him nothing.
03:49So in June, you gave him nothing.
03:52June what did you come looking at the apartment?
03:54Because this is what it all comes down to.
03:56Okay.
03:57This is what the case all comes down to.
03:58Okay.
03:59So that people aren't wondering out there
04:00what this case is all about.
04:01Okay.
04:02On the evening of June 1st.
04:04I'm speaking.
04:05I thought you asked me the date.
04:06No.
04:07This is what the case is all about.
04:09In case anybody is wondering what the case is all about,
04:11Ms. Gangly is suing the defendant for $10,000
04:16because he reneged on an agreement to rent her an apartment.
04:20That's what you're suing him for.
04:21You're moving costs and everything else.
04:23That's suing him.
04:23Correct.
04:24You saw the apartment June 1st.
04:26You gave him no money.
04:28Correct.
04:28You signed no lease.
04:30Correct.
04:31You were moving into the apartment on what date?
04:35July 15th.
04:36Between June 1st and July 15th,
04:40how much money had you sent him?
04:41$1,000.
04:43On what date?
04:44The date that I sent the money was two days
04:47after he requested it and it was July 12th was one.
04:54Well, usually when you go and see an apartment,
04:58Ms. Gangly, and you're not a child.
05:00Correct.
05:01I haven't rented an apartment in a long time,
05:03but I have a pretty fixed memory.
05:05You go and look at an apartment.
05:07You say, I like it.
05:08You go with the person who was renting the apartment.
05:12You sign a lease.
05:13You give them a check.
05:15You give them the date when the lease is going to be signed.
05:18And then you have a signed lease.
05:21And he has his security deposit.
05:24First month's rent.
05:25Sometimes they require last month's rent.
05:27In this case, what were you supposed to give him?
05:31A month's rent and how much security?
05:34May I just tell from the beginning?
05:37No.
05:37Okay.
05:38Well, we didn't speak on...
05:41Just a second.
05:42You came and looked at the apartment,
05:44and because he was a friend of a friend...
05:47We talked only about the rent.
05:49...of a friend of a friend of a friend of a friend,
05:51you gave him no money, and you asked him...
05:54You expected him to take his apartment out of circulation
05:59until you got there on July 15th,
06:02even though he gave you a rent that was less
06:05than what he was getting from his previous tenant.
06:08That's a pretty good deal.
06:10I asked you for a number.
06:12How much money were you supposed to give him
06:15for the apartment?
06:17How much security?
06:18He requested zero security deposit when I met him.
06:23He told me in July that a $3,000 security deposit.
06:28$3,000 and your month's rent.
06:31Correct.
06:32Which was $3,500.
06:34Correct.
06:34So $6,500 altogether,
06:37and you had already given him $1,000.
06:40Correct.
06:41So you owed him $5,500 that he agreed,
06:46nice guy, so far, really nice guy,
06:50gave you a cheaper rent than what was the going rate,
06:54that you understood,
06:55because you moved into Beverly Hills.
06:57He was giving you less rent
06:59than what he was getting from his former tenant.
07:01He held the apartment for you
07:03for six weeks for no money.
07:05$1,000.
07:06No money.
07:07By the way, he gave...
07:08He wasn't ready for it.
07:09Just a second.
07:10He gave you the $1,000 back, by the way.
07:13Yes.
07:14Did you cash that check?
07:15Yes, I did.
07:16Then you're one and done.
07:21When you went to Wells Fargo
07:23and got the check for $5,000,
07:26you went there knowing that you owed him $5,500.
07:29Correct.
07:30Miss Gangly, you're a hustler.
07:33You're a hustler.
07:35You're a hustler.
07:36You're a hustler.
07:37You're a hustler.
07:38You're a hustler.
07:39You're a hustler.
07:40You're a hustler.
07:41You're a hustler.
07:42You're a hustler.
07:43Kathleen Ganley, claims apartment owner,
07:46Ellie Bonarin, owes for moving expenses
07:49and hotel costs after refusing to rent his apartment
07:52after she paid him a deposit.
07:55Now, I'm not finished yet.
07:56Then, according to you, you got there with your son,
08:00from Arizona with a U-Haul, and I'm over,
08:04and you had with you a cashier's check for $5,000.
08:10Now, when did you get that cashier's check for $5,000?
08:15July 14th.
08:16Where did you get the cashier's check for $5,000?
08:20Wells Fargo in Arizona.
08:21Is that where you have your bank account?
08:23Yes, it is.
08:24And when you went to Wells Fargo and got the check for $5,000,
08:29you went there knowing that you owed him $5,500.
08:33Correct.
08:34Your excuse for that is that you were going to pay him the rest
08:39by some Zelle account.
08:41Which is how he had requested it.
08:43No.
08:44Show me how he requested on July 14th,
08:48show me how he requested payment by a Zelle account.
08:53That's a simple, simple...
08:55He didn't request it on July 14th.
08:57Simple, simple, simple.
08:58He didn't request it then.
09:00Ms. Gangley, listen, you're a hustler.
09:03No, ma'am, I'm not.
09:05You're a hustler.
09:06No.
09:06What you could have done very easily was the day before you were there,
09:11you got there on July 14th, when you went to Wells Fargo
09:15and got a cashier's check, you get a cashier's check for $5,500.
09:20That is as good as cash.
09:22Like that.
09:23Instead, you talked him down with the rent.
09:26Little bit, little bit, little bit, little bit, little bit.
09:29May I show you the text?
09:30You owed him...
09:31Yeah, maybe I'm wrong.
09:32You owed him...
09:33It's his apartment.
09:35He wants to rent it.
09:37He is in a position of wanting to rent his commodity.
09:41He had somebody who was ready, willing, and able, he thought,
09:46to rent that commodity.
09:47It's not that he had somebody else in the wings to rent your apartment.
09:52He was renting his apartment to you.
09:54You were, in my view, trying to get away with the $500 then, at that moment.
10:01Why would I drive a U-Haul and pay all that money there to try to save $500?
10:06I would love to show you.
10:07Just a second.
10:08I would love to see, Kevin, I would love to see that on or about July 14th,
10:15he said to you, give me a cashier's check for $5,000 and pay the rest by Zelle,
10:23by some other commodity.
10:25It doesn't make sense.
10:26This is the date.
10:28What's the date?
10:29That he requested the deposit.
10:30No, no, no.
10:31What's the date when he told you...
10:33July 6th is when he requested the deposit.
10:35Just...
10:36By Zelle.
10:37Just a second.
10:38July 6th, he requested the deposit by Zelle.
10:41Did you send it?
10:42I...
10:43Zelle only allows you to send...
10:44No, no, no, don't help.
10:45I sent the max possible on a day.
10:47Zelle only allows you to spend $500.
10:50Who gives a rat's behind what they said to you, just like you went into Wells Fargo
10:57on the 14th of July, just like you went into Wells Fargo on the 14th of July,
11:03on July 6th, when he sends you, please send me the deposit,
11:06you go into Wells Fargo, you get a money order, a bank check,
11:11you put it in a FedEx, and you send it to him.
11:15You saw the apartment June 1st.
11:17July 6th, he said, all right, time to get off the dime.
11:21I'm holding the apartment.
11:23It's now a month.
11:24Please send me the deposit.
11:26So you say, well, I'll give him $1,000.
11:29I'll give him $500.
11:31That's what he was asking for.
11:32But then July 14th, when you went there, you were still $500.
11:38I'm not interested in looking at anything except that he said to you,
11:44when you got there July 15th, give me a cashier's check and a Zelle payment for $500.
11:53That's what you decided to do.
11:54I sent him a text, and he responded with an emoji of thumbs up.
11:59It's a, he responded to the text saying, yes, that's funny.
12:02You're a hustler, madam.
12:04I'm not a hustler.
12:05And you are not getting $10,000 from this man.
12:08And you won't look at the evidence?
12:10Absolutely going to look at the evidence.
12:11I'm telling you that you're a hustler.
12:14Okay, well, here's the evidence.
12:14I'm telling you you're a hustler.
12:16Well, you're wrong, sir.
12:17I'm telling you.
12:18I'm sorry.
12:19Kevin, you can get it.
12:21I'm telling you you're a hustler.
12:24Please show her that.
12:24Because on July 14th, when you went to Wells Fargo, I, as a normal person, knowing that
12:33he wanted a deposit on July 6th, I said, you know what?
12:37I'm going all the way there.
12:39I'm packing up my son.
12:40I'm packing up my U-Haul.
12:42Wells Fargo is where I do my banking.
12:44They also have Wells Fargo here.
12:46So you didn't take out your last dollar.
12:48I'm going to get a bank check.
12:50So he knows he has the money, because now he's been waiting for it for six weeks.
12:55And I'm going to give him a bank check for $5,500, because that's what I owe him.
13:00You didn't do that.
13:01You gave him $5,000.
13:04And I have to say to myself, why would you do that?
13:09Why would you do that?
13:10It's like saying I have $5,000 in cash, and I'm going to give you $5,000 in cash,
13:15and I'm going to give you $500 in a note that I'm not getting right then and there.
13:21But I'm going to move my things into the apartment, and then I'm there.
13:26And then when I have the other $500, I'm going to give you the other $500.
13:32And in addition, when he said, listen, if this is the way I'm going to do business with you,
13:38you gave me $5,000 in a cashier's check, it's $500 short.
13:43I don't want to start with a tenant like this right away.
13:45No, that's why we agreed to it ahead of time.
13:47Here's your $1,000 back that you gave me.
13:50You took the check, and you cashed it.
13:54And that was finished.
13:57He said, I don't want you as a tenant.
13:59You have a signed lease by both of you?
14:02I have a signed no.
14:03So you have no lease.
14:05So you see, if you're in Arizona, and you want to send him his deposit that he wants over,
14:13and people do that all the time.
14:15They buy property in the mail.
14:17They buy property over email.
14:19They have DocuSign.
14:21You can do all that between June 1st and July 15th.
14:25You chose not to do that.
14:29You're not entitled to any money.
14:31That's not true.
14:32He's not responsible for your having to find another apartment which costs you more money.
14:37You're a grown woman.
14:38And if you saw an apartment that was a bargain, you hop on it.
14:42Kathleen Ganley has accused apartment owner,
14:57Ellie Bonarin, of refusing to rent his apartment after she paid a deposit.
15:02Ellie says he changed his mind and refunded her deposit.
15:06Now, on what date did he send you the lease?
15:09He sent me just a second.
15:10I'm going to go to you.
15:11On what date did you send her the lease?
15:14July 10th.
15:16You sent her the lease on July 10th?
15:1810th.
15:18Did you send it by email?
15:20By email, and I told her to respond.
15:22We'd sign the lease and send it back.
15:25At least I acknowledged she got the lease.
15:27I didn't hear from her.
15:28You have all the texts there.
15:29Can I see the email that you sent her with the lease?
15:32Do you have it with you?
15:34I have it on my phone.
15:35Can I pull it off on my phone?
15:36Yes.
15:37So when you got the lease, you changed it?
15:42I made an edit, as I said in the text to him there.
15:45So you changed it and initialed it?
15:46Yes.
15:47And he didn't send it on July 10th.
15:50When did he send it?
15:51I gave him my email on July 13th.
15:53Sorry, I apologize to write your teen.
15:56Yes.
15:56Here is the email.
15:57Here is the text.
15:58Mm-hmm.
15:59And I'll open it for you.
16:07In the evening, the day before we were loading to move.
16:12And I wrote, please acknowledge receiving it.
16:15I never heard from her.
16:16We spoke on the phone, sir.
16:18You're not entitled to any money.
16:19That's not true.
16:20Well, I'm telling you that you're not entitled to any money.
16:22But you haven't heard my story or seen the evidence.
16:27What I have not.
16:28What I'm telling you, madam, is the following.
16:30You have no lease to his apartment.
16:33We had a verbal contract.
16:34No, no.
16:35You had no lease to his apartment.
16:38And you accepted, in satisfaction of having no lease,
16:43$1,000, which is what you gave him.
16:46And you cashed it.
16:48And he's not responsible for your having to find another apartment,
16:52which cost you more money.
16:54You had a responsibility.
16:56You're a grown woman.
16:57And if you saw an apartment that was a bargain, you hop on it.
17:02Say, I want my lease.
17:04I want to sign it.
17:05I want to give you the money that, right now, for it, so I know it's mine and I know it's held.
17:12That's what you do as a grown-up.
17:14You didn't do that.
17:15You had the perfect opportunity to get a cashier's check for $5,500 the day before you went there.
17:22And you didn't.
17:23And you modified the lease before he signed it.
17:26So you had no lease.
17:27You had no written lease when there was supposed to be a written lease.
17:31This wasn't a verbal month-to-month tenancy.
17:35This was not a verbal month-to-month tenancy.
17:38No, it was not.
17:40Right.
17:40It was a 12-month lease.
17:41That's a lease for a year or more has to be in writing.
17:45And I'm telling you, you did not have a written lease with him.
17:50And you failed to fulfill the terms of the lease by not bringing a sufficient amount of money with you.
17:57Your case is dismissed.
17:59No, ma'am.
17:59We are done.
18:00No.
18:01Court is adjourned.
18:01Can you just humor me to hear the story, please?
18:04We are done.
18:05No, I'm not going to do that.
18:07Oh, yeah, you are.
18:08Well, then there's a breach of contract, right?
18:11Because you told me we were going to hear, you were going to hear the case.
18:14I heard my mess.
18:14You did not hear.
18:15Ma'am, I did.
18:16No, I won't go.
18:17No.
18:17The case is over.
18:18I'm not going.
18:19The case is over.
18:20Actually, I never got to speak.
18:21I'm not going.
18:22Well, I was very disappointed that I didn't get to explain the sequence of events.
18:26I think she made the right decision.
18:28Judge Judy knows what she's saying.
18:30So I'm extremely disappointed with her decision there.
18:34When people born, they're a gift to the world.
18:38She was the opposite.
18:39We started communicating again in July.
18:43I reached out to him.
18:44She tried to get in with no money and not to pay the rent, I was assuming.
18:48The deposit was not requested until the amount was never mentioned until the 10th of July.
18:54The straw that broke the camel's back, the $500, she did a mistake.
18:58I don't think he changed his mind.
18:59We hadn't talked about it.
19:00No, no.
19:01She said, here is $5,000 and I'll give you later another $500.
19:05And I said, I'm not accepting later $500.
19:08We have a chain of communications.
19:10He knew I was coming.
19:11She is a hustler.
19:13So I'm just curious.
19:14Would you have felt any different about the plaintiff being a hustler if she had not cashed
19:19that $1,000 check that he had refunded her for what she had paid towards her deposit?
19:23I would still have thought that she was a hustler, but accepting the check back from him, I mean,
19:31if the check was given to secure, her argument was given to secure the apartment, even though
19:37it wasn't the full amount that was necessary that he asked for the beginning of July and she ignored him.
19:43But since she took the check and cashed the check, that says to me, his obligation to her is finished.
19:50The fact that she had to go and find another apartment could have been very easily rectified.
19:55This is a man, he's a landlord.
19:58He has a commodity from which he makes money, which probably costs him maintenance and taxes
20:05that he has to pay for every month that the apartment lays fallow.
20:08He agreed, because of a friendship with a mutual friend, to rent this woman an apartment for less than its going rate.
20:17Yeah.
20:17And he held it for a month.
20:19For no money.
20:20Really, for no money.
20:21She got the lease, she made an alteration on the lease, she never sent it back.
20:27She never acknowledged that she had it.
20:29The day before she left Arizona, she went to the bank knowing that she owes him $5,500.
20:36And she took out a check for $5,000.
20:39Weird.
20:39And paid for a check for $5,000.
20:42You know, I've been in this business and heard these landlord and tenant things long enough to know.
20:49Once she moved her things into that apartment, that $500 security deposit...
20:56Gone.
20:57He was never going to see.
20:59He might have hounded her for it for a couple of months and then he would have said,
21:03All right, forget about it.
21:05And she knew that.
21:06She knew that.
21:07That's what makes her a hustler.
21:09That check for $5,000, that cashier's check, instead of $5,500, says to me,
21:15Hustler.
21:16There?
21:17And the icing on the cake is, he said, Listen, I don't want you as a tenant.
21:22In a place that I really want to rent.
21:24And you're here.
21:25And all your stuff is here.
21:26So it's very easy for me to let you move in.
21:30But I know, I'm a smart man.
21:32If I take this $5,000, I'm going to have trouble with you ongoing complaints, rent, more complaints.
21:44What do I need this for?
21:46Here's your $1,000.
21:48I take it.
21:49I cash it.
21:51Go find a motel.
21:52Stay in it until you find an apartment.
21:54You're probably not going to find an apartment in Beverly Hills for $3,500.
21:59That's a two-bedroom apartment, which is what he had.
22:02So when you do the wrong thing, courts aren't going to stand up for you.
22:06She did the wrong thing.
22:08He did the right thing.
22:09Mm-hmm.
22:09I think that he did the right thing.
22:12He bent over backwards to accommodate this lady because of a friendship with a mutual friend.
22:17And she was trying to get a little bit extra.
22:21Well, it came back and it bit her in the behind.
22:24And I was more than happy to be accommodating.
22:26Are you a victim of a scam?
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