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Short filmTranscript
00:00:00You hit the plaintiff's park car.
00:00:02Yes, ma'am.
00:00:03So, right on...
00:00:04Judge, were you there?
00:00:06No, ma'am.
00:00:07Sit down.
00:00:09You were approaching an intersection.
00:00:11I passed this vehicle and everything.
00:00:13You weren't there.
00:00:15Hello, Judge.
00:00:16Case 2095, Gonzalez v. Gilbert.
00:00:20You're welcome.
00:00:23Mr. Gonzalez.
00:00:24Yes, ma'am.
00:00:25You're seeking a substantial amount of money
00:00:28to refurbish your car.
00:00:30After it was hit by the defendant's car
00:00:32while your car was parked.
00:00:34Yes, ma'am.
00:00:35The defendants are seeking the same amount of money
00:00:38because they say that despite the fact
00:00:40that one of them did, in fact, hit your parked car,
00:00:44it was your fault.
00:00:45That's your defense.
00:00:46Yes, ma'am.
00:00:46Okay, who was driving?
00:00:48I was driving.
00:00:49Okay.
00:00:49Mr. Gilbert, on what date did this incident happen?
00:00:52February 3rd.
00:00:54What time?
00:00:55About 5, 5.30 in the morning.
00:00:57Who was in the car with you?
00:00:59Nobody.
00:01:00I was by myself.
00:01:01I was going to pick up my son.
00:01:02You were going to pick up your son from where?
00:01:05From his mother's house to take him to school.
00:01:07And where does he go to school that he has to be there
00:01:09at 5.30 in the morning?
00:01:10He doesn't have to be there at 5.30.
00:01:11I have to leave at 5.30 to get him there by 7.
00:01:14Do you take him to school every day?
00:01:15No.
00:01:16What was different about February 3rd?
00:01:18His mother, stepfather, and the rest of their family
00:01:21was out of town.
00:01:22They had asked me to take him to school that day.
00:01:24Just for that one day?
00:01:25Yep.
00:01:26Yep is not an answer.
00:01:28Oh, yes, ma'am.
00:01:28Yes, it's an answer.
00:01:29Okay, so it's about 5.30 in the morning, and?
00:01:32I left my house.
00:01:33It was raining.
00:01:34It was cold.
00:01:35It's pretty much the same route I take every day,
00:01:37not at that same time.
00:01:38I was approaching a stop sign at an intersection
00:01:41by the plaintiff's house, and I seen, I guess,
00:01:44either a reflection or what I thought
00:01:46were lights headed in my direction, so I swerved, and...
00:01:49Okay, you're still traveling, so you're moving.
00:01:52Does somebody have a diagram of where this happened?
00:01:55There it is.
00:01:56Okay.
00:01:57You were approaching a stop sign.
00:01:59Yeah, I was approaching an intersection.
00:02:01So right on...
00:02:02Were you there?
00:02:04No, ma'am.
00:02:05Sit down.
00:02:06Yes, ma'am.
00:02:06You were approaching an intersection.
00:02:11Yeah.
00:02:11It's a two-way road.
00:02:13Yeah.
00:02:13And it looks to me from that,
00:02:15is that an accurate representation?
00:02:17Yeah, except for there was another vehicle
00:02:19on the other side of the road.
00:02:20Okay, but it looks to me that you're traveling
00:02:22sort of in the middle of the road.
00:02:23Yeah, it flies.
00:02:24Okay, and a car is coming from something.
00:02:27You're not sure what.
00:02:28Yeah, I wasn't sure what.
00:02:29You were not sure what.
00:02:30And I swerved.
00:02:31And you...
00:02:32I just got over to the proper side of the road.
00:02:33And your car swerved,
00:02:35and when your car swerved,
00:02:37it hit that blue car that's sitting there,
00:02:40that's the plaintiff's car
00:02:41that was sitting in front of his house.
00:02:43Mm-hmm.
00:02:43Uh-huh.
00:02:44It's not an answer.
00:02:45Yes.
00:02:46Okay.
00:02:47Now, do you want to tell me what you did next?
00:02:51I went through the intersection,
00:02:52turned around to follow what I thought
00:02:54might have been a vehicle headed my direction.
00:02:56And when I didn't see a vehicle,
00:02:58I took my vehicle home,
00:02:59I parked it,
00:03:00I got my insurance information,
00:03:01my driver's license,
00:03:02and I walked back to his house
00:03:04to trade insurance information with him.
00:03:05Okay.
00:03:06You have a video of this incident?
00:03:08Yes, ma'am.
00:03:09From where?
00:03:10From my surveillance camera.
00:03:12Is it set up for me to watch it here?
00:03:14Yes, ma'am.
00:03:14Yes, it is.
00:03:15Okay.
00:03:15I'm ready.
00:03:17That's your car served?
00:03:19Yes.
00:03:20Okay.
00:03:20Let's see that again.
00:03:23Notice how the truck is covered?
00:03:25Okay.
00:03:26So you hit the plaintiff's car hard enough
00:03:28to push it up on the curb.
00:03:30Speed limit's 30 miles an hour.
00:03:31I've just asked you a question.
00:03:33Yes, ma'am.
00:03:33It looks as if you hit it hard enough
00:03:36to push it up on the curb.
00:03:37Yes, I did.
00:03:38But you told me a moment ago, Mr. Gilbert,
00:03:41and you just piped in that the speed limit there
00:03:43is 30 miles an hour.
00:03:44You said you were slowing down for a stop sign.
00:03:47I said I was approaching a stop sign.
00:03:48Well, when you were approaching a stop sign,
00:03:50you don't approach a stop sign at 30 miles an hour,
00:03:53especially if it's in a neighborhood that you've been in.
00:03:55But according to you, you drive that neighborhood regularly.
00:03:59However, not at that time.
00:04:01That's what you said.
00:04:03Yes, ma'am.
00:04:03So if you are approaching a stop sign,
00:04:06when I approach a stop sign,
00:04:07and if I know there's a stop sign there,
00:04:09I start applying my brakes a little bit before.
00:04:13Now, I do drive with some people
00:04:15who sort of like to play chicky with a stop sign, you know?
00:04:19Maybe the stop sign is going to move.
00:04:21Maybe it's going to become a welcome mat.
00:04:23So they wait until they get right up to it
00:04:25and put their brakes on.
00:04:27But that's not what you told me you did.
00:04:29No, ma'am.
00:04:30Okay.
00:04:30So now I'm going to say,
00:04:32if you were going very slowly, sir,
00:04:34approaching a stop sign,
00:04:36you wouldn't have hit his car with such force
00:04:39that you push him up on the curb.
00:04:40Okay.
00:04:41Your defense is to this action,
00:04:44as I said, that he was parked
00:04:46and he had this car that was covered
00:04:49and it was parked...
00:04:51The wrong.
00:04:51...facing the wrong direction,
00:04:53which is totally irrelevant
00:04:55as to was facing the wrong direction.
00:04:57According to Texas state law.
00:04:58It was on...
00:05:00It covered over,
00:05:01so you don't know which direction it was facing it.
00:05:03Certainly the light wasn't on it.
00:05:05If you're...
00:05:06I've passed this.
00:05:09I didn't ask you for anything.
00:05:11You weren't there.
00:05:12Yes, ma'am.
00:05:12You weren't there.
00:05:13Yes, ma'am, but...
00:05:14She lives in the neighborhood.
00:05:15She drives by it every day.
00:05:17Just a second.
00:05:18What do I need that for?
00:05:19I have a video.
00:05:20Okay.
00:05:20I have a video.
00:05:21Can you see the stop sign in the video?
00:05:23No.
00:05:24You have no idea how close that was.
00:05:25You just told me
00:05:26you were approaching a stop sign.
00:05:30Yeah.
00:05:30There is a stop sign.
00:05:32There is a stop sign.
00:05:32Would you read that back to me?
00:05:34I was approaching a stop sign.
00:05:36Does he say I slowed down
00:05:38I was approaching a stop sign?
00:05:39I don't remember.
00:05:40It's about...
00:05:41I didn't say...
00:05:41I did not say...
00:05:42Now you can leave.
00:05:43I did not say I was slowing down.
00:05:45Now you can leave.
00:05:50I did not say I was slowing down.
00:05:52I said I was approaching a stop sign.
00:05:53Okay, that's what I thought.
00:05:55But that's why we have Whitney.
00:05:57He says he was approaching a stop sign
00:05:58at an intersection by the plaintiff's house,
00:06:01and I can see either a reflection
00:06:02or what I see lights headed in my direction,
00:06:05so I swerve.
00:06:05I would like to see that video again one more time.
00:06:09I would like to see if I see something coming towards you.
00:06:13Actually, I don't see another vehicle coming towards you.
00:06:16Is that a truck parked there?
00:06:17It's a food truck behind it.
00:06:19It's like Caddy Corner to his vehicle.
00:06:21There's a food trailer there
00:06:22that had all of the light, like right...
00:06:24A food truck on the other side of the street.
00:06:26Yes, ma'am.
00:06:27A food truck that you could see,
00:06:28but that's parked.
00:06:29Well, I assume since there was no actual lights coming,
00:06:32I assume maybe that's what reflected,
00:06:35light reflected off of...
00:06:36You don't assume anything.
00:06:37All you know is you saw something that made you swerve.
00:06:40Yes, ma'am.
00:06:40Whether it was there or not there.
00:06:42So am I getting the fact that your total defense
00:06:45is based on the fact that his car
00:06:47shouldn't have been parked there?
00:06:48Yes, ma'am.
00:06:49Or covered.
00:06:49Yeah, well, but that's a finable offense, Mr. Gilbert.
00:06:54That's a finable offense.
00:06:54Finable if it doesn't cause an accident.
00:06:56No, I don't think it caused the accident.
00:06:57You caused the accident.
00:06:59How did I cause the accident?
00:06:59You caused the accident.
00:07:01This is an inert object.
00:07:02According to my HOA guidelines,
00:07:04that vehicle is supposed to be in his garage.
00:07:06According to Texas state law,
00:07:08it's not supposed to be on the road.
00:07:10And I'm going to tell you,
00:07:11I absolutely agree with you
00:07:12that that's a finable offense if his car is parked.
00:07:16So he's...
00:07:17You're trying to interrupt me.
00:07:19Okay.
00:07:20That it's a finable offense.
00:07:22The question is,
00:07:24is his car being parked illegally
00:07:29the proximate cause of this accident?
00:07:32That's the question.
00:07:33You're damn right it is.
00:07:35I didn't ask you a question
00:07:36unless you went to law school.
00:07:38Huh?
00:07:38Unless you went to law school.
00:07:40Am I in the realm?
00:07:41You're closer than that, you know,
00:07:43was Palsgraf versus Long Island Railroad.
00:07:46His car may have been parked in the wrong spot.
00:07:48If you had somebody that left a baby carriage
00:07:53with a baby on the street,
00:07:56which is certainly against the law
00:07:59and would be a neglectful act on the part of the parent,
00:08:02and if you happen to swerve up to avoid something
00:08:06and hit that baby carriage,
00:08:08you can't say that baby carriage
00:08:10is the cause of the accident.
00:08:12You're the cause of the accident.
00:08:13No, the owner of the baby carriage is.
00:08:16No, you are.
00:08:17No, they are.
00:08:19How am I responsible for their baby carriage?
00:08:22Because your car is moving, sir,
00:08:23and if you're approaching a stop sign,
00:08:25you're not supposed to be going...
00:08:26If the vehicle wasn't covered,
00:08:27you could see the reflectors that are on it.
00:08:30That's what they're there for.
00:08:32Reflectors on what?
00:08:33Reflectors on the truck that's covered.
00:08:35They have headlights, turn signals,
00:08:37everything that's reflective that you could see.
00:08:39There was no reflectors or signals
00:08:41for me to see to know it was there.
00:08:43You would have hit it
00:08:44whether it was covered or not.
00:08:46Horse.
00:08:47Very good.
00:08:48May I please see the...
00:08:50That's horse.
00:08:50I wouldn't have hit it
00:08:51if could I see it.
00:08:52Kevin, I want to see what he's got
00:08:54as far as work for the car.
00:09:00Okay, so this is clearly a project car, sir.
00:09:03Yes, ma'am.
00:09:03Yes, please.
00:09:04Don't run.
00:09:05Get him out of here.
00:09:06Let's go.
00:09:07He's done.
00:09:08I swear.
00:09:09He's done.
00:09:09Okay.
00:09:10Thank you, Lord.
00:09:11Oh, that makes my life far.
00:09:15And for harassment.
00:09:16Well, since neither one of them
00:09:17can keep control of themselves,
00:09:19the counterclaim is dismissed.
00:09:21I'm looking at this truck, Mr. Gonzalez.
00:09:24When did you purchase it, sir?
00:09:26And from whom?
00:09:27In October of last year.
00:09:30I purchased it online.
00:09:31Do you have the bill of sale
00:09:32from when you purchased it?
00:09:33I don't have the bill of sale,
00:09:34but on the paperwork,
00:09:35I have the post on Facebook
00:09:37and how much I paid for it.
00:09:38It was for $8,000.
00:09:39Okay.
00:09:40I also have an appraisal on there as well.
00:09:42I see the appraisal,
00:09:43but I don't have what it's going to take
00:09:44to fix the spot where he damaged the car.
00:09:48He damaged the car in this whole side end.
00:09:50Yes.
00:09:51I mean, he's not going to give you a classic car.
00:09:53Well, I know.
00:09:53That's not going to happen.
00:09:54I know.
00:09:55I know that.
00:09:55Okay.
00:09:56That's not going to happen.
00:09:57And certainly, you do understand
00:09:59that I'm not awarding you anything close,
00:10:01even though they're two obnoxious people,
00:10:04anything close to $10,000.
00:10:06You do understand that, Mr. Gonzalez.
00:10:07You're going to have to get this car fixed right now.
00:10:10I'm looking.
00:10:11Where is an invoice for either the work you had done
00:10:15or an estimate to fix that part of the car that he injured?
00:10:19I cannot give that to you because the vehicle is a classic.
00:10:23It's very hard to find that type of vehicle.
00:10:26Well, then what you're asking me is to guess.
00:10:28Well, I can give you the rates as far as how much.
00:10:31You can't give me anything.
00:10:33Okay.
00:10:34You have to take the car in to somebody who deals with classic cars.
00:10:38This is a 70-year-old truck, and it's certainly beat up.
00:10:42You had it covered for a long time.
00:10:44It shouldn't have been on the street.
00:10:45You do know that.
00:10:46And I assume that since it's not driven, you didn't have it insured.
00:10:50Well, I took it out for Halloween, you know, just for the kids.
00:10:53Well, I mean, where do you suggest that I conjure up a figure of $10,000
00:10:59when you have a car that's a year old that has never been driven
00:11:03that you take out and it's a Halloween ornament?
00:11:06So let me explain this to you.
00:11:08I have to guess at a figure.
00:11:09I would be prepared to award you $2,000 to fix your car
00:11:13because I did see that it had to be damaged as a result of the damage to the defendant's car.
00:11:19If you feel as if you would fare better in your local small claims court where this case came from,
00:11:25because I have dismissed their counterclaim,
00:11:28I will dismiss your case without prejudice and you can take it back to the lower court.
00:11:32Take your choice.
00:11:33I'll go ahead and take it from you.
00:11:35I know I'm not going to get anything from them.
00:11:36Very good.
00:11:37Judgment for the plaintiff in the amount of $2,000.
00:11:41Counterclaims dismissed.
00:11:42Fix your car.
00:11:43This court is adjourned.
00:11:45Well, I didn't agree on the price, but with them kind of people,
00:11:48I'm not going to get my money back.
00:11:50Just time to get it repaired.
00:11:51I think you have to be a certain kind of person to not take any accountability
00:11:56when you hit a stationary object.
00:11:59I'll admit, I think that it was probably a 90%, 10% split,
00:12:0410% plaintiff's fault for parking on the street.
00:12:07I looked up the section code in Texas and did find that if you leave a car longer than five days on the street,
00:12:12you're in violation of a code.
00:12:13But like you tried to explain to the very hot-headed defendant, that's a finable offense.
00:12:18That doesn't mean you can ram into it with your vehicle and not be at fault.
00:12:23I just don't know how you take zero accountability after hitting a stationary object.
00:12:27I don't know either, but that's, I think, a problem with a country that's grown up in the last 50 years,
00:12:34that it's never your fault.
00:12:36It's always somebody else.
00:12:37It's the state's fault.
00:12:38It's the city's fault.
00:12:39It's somebody else's fault.
00:12:41And it's sad because I know there was lots of acrimony between the two of them without it.
00:12:47But they were hotheads.
00:12:48Is this the first time you ever saw me send somebody out?
00:12:50It's a long time.
00:12:51A long time since I've seen it.
00:12:53But when they're clearly not getting the message and they're being hostile,
00:12:56that's not the proper way to come to court.
00:12:59Especially when you're in the wrong.
00:13:00All right.
00:13:01But they have to live near each other.
00:13:02I hope that they sort of get it together.
00:13:04Just keep your fingers crossed.
00:13:06Case 2067, Garcia versus Taryn.
00:13:09All parties, please step forward.
00:13:10Amari Garcia is suing fellow motorist April Taryn for damages from a motorcycle accident.
00:13:18This is a case that's about an automobile motorcycle collision.
00:13:23Each one of you claims that the other is responsible for the collision.
00:13:26Ms. Garcia, you were riding the motorcycle?
00:13:29Yes, ma'am.
00:13:29And you were in your car?
00:13:31Yes.
00:13:32Okay.
00:13:32And this happened on what date?
00:13:33March 21st, 2022, around 3 p.m.
00:13:37In what state?
00:13:38California.
00:13:39In the state of California, are you required to have insurance on a motorcycle?
00:13:44Yes, Your Honor.
00:13:45Just liability?
00:13:46Liability if it's paid for in full, correct.
00:13:48Yes, Your Honor.
00:13:49And were you insured on that date?
00:13:51Yes, Your Honor.
00:13:52And you were driving a car?
00:13:53Yes.
00:13:54And was your car insured on March 21st, 2022?
00:13:58Not at the time.
00:13:59So the answer is no?
00:14:00No.
00:14:01Did you have a valid driver's license on March 21st, 2022?
00:14:05Yes.
00:14:06From what state?
00:14:07California.
00:14:07What kind of car were you driving?
00:14:10A 2011 Nissan Sentra.
00:14:12Was it a new car for you, or did you have it for a while?
00:14:15It's a new car.
00:14:16I purchased it three weeks prior to the incident.
00:14:19And if you bought it three weeks before, how come you didn't have liability insurance?
00:14:23I was looking for insurance.
00:14:26And plus, at the time, I hadn't received my paperwork.
00:14:30It was still in the other person's name at the used car dealership that I bought it from.
00:14:35Your Honor.
00:14:35I know.
00:14:36You know you're not supposed to be driving a car, Ms. Taryn, without insurance.
00:14:39Yes, I'm aware of that.
00:14:41Okay.
00:14:41You wanted to say something?
00:14:42Yes, Your Honor.
00:14:43I have proof that April Taryn purchased her vehicle February 8th, 2022.
00:14:49She drove uninsured for 41 days, and it was not from a lot.
00:14:52It was from someone off the street.
00:14:54I have the proof for that.
00:14:55I'd like to see it.
00:14:56Yes.
00:15:02For $2,050.
00:15:03Well, this car that you registered, the selling price was $2,050, according to this.
00:15:12No, it wasn't.
00:15:14I'm going to show you vehicle and transfer law.
00:15:16This is 2011 Sentra, and it was signed, but it's LLC.
00:15:21That's his company.
00:15:23Okay.
00:15:23So it wasn't off the street, but it said the selling price was $2,000.
00:15:27That's what this says.
00:15:28I don't have my paperwork in my car.
00:15:30I want to show this to her.
00:15:33I just want to get some basic facts first, and then I'm going to go to the incident.
00:15:39But that's to...
00:15:41No, no.
00:15:42The person, the seller...
00:15:44You know, I have my paperwork in my car.
00:15:46Yeah.
00:15:47But you understand that that's what it's...
00:15:49I understand what you said because it's right there.
00:15:50That's...
00:15:51Yes.
00:15:51Okay.
00:15:52We have a diagram.
00:15:53This happened on March 21st, 3 o'clock in the afternoon.
00:15:57You had no insurance, and you were traveling in the bike lane.
00:16:02No, that is not true.
00:16:03I shared the lane of the car on the right.
00:16:06I would never go into a bike lane.
00:16:07That is disrespectful to the road and riders.
00:16:09Just a second.
00:16:10Are you allowed to share a lane with a car and a motorcycle?
00:16:13That is your right, yes.
00:16:14I know Foothill.
00:16:15Is that where you were?
00:16:16Yes, Your Honor.
00:16:17And at a certain time during the day, Foothill becomes very trafficked.
00:16:21Yes.
00:16:21And the cars sometimes get stopped because there's a light, right?
00:16:25Yes, Your Honor.
00:16:26Go over to there, Ms. Garcia, and show me, please,
00:16:31where you were positioned before you say that you were traveling in the same lane as a car.
00:16:43Your Honor, I was directly behind this car.
00:16:45Okay.
00:16:46Directly behind the car.
00:16:46You were directly behind that car.
00:16:48Yes.
00:16:49And that car was stopped.
00:16:51They were slowing to a stop.
00:16:52No, they were stopped because they had to have been stopped because that's why you went around him.
00:16:58They were slowing to a stop.
00:16:59By the time I got around here, they were stopped.
00:17:01I didn't want to rear into here.
00:17:03I was slowing down.
00:17:04I was around 25 miles per hour.
00:17:06This lane at the time was too close.
00:17:08So I shared this lane on this side.
00:17:10Ms. Garcia, I got it, Ms. Garcia.
00:17:13You want me to appreciate the fact that you wanted to get around the stopped car and you wanted to continue to go straight, correct?
00:17:21You weren't turning.
00:17:23You wanted to go straight.
00:17:24I was going straight, correct.
00:17:25And so you want me to picture in this tiny mind of mine that instead of going into a perfectly clear bike lane, you inched your way at 25 miles an hour in the same lane as a stopped car.
00:17:40Yes.
00:17:41This diagram?
00:17:41You know, I find that hard to believe, Ms. Garcia.
00:17:44I really find that hard to believe.
00:17:45You may be in the right with regard to this, but I find it hard to believe.
00:17:49The roads are very wide.
00:17:50I have the actual police photo document of that.
00:17:53I'd like to see it.
00:17:53Yes, Your Honor.
00:17:55Right here.
00:18:01And I'd like to see the police report as well.
00:18:03Is there a police report?
00:18:03Is it attached to this?
00:18:05Fine.
00:18:08Because as you were traveling straight, the defendant was making a left turn.
00:18:12She was making a left turn because the two cars there were stopped and those were the only two traffic lanes there.
00:18:18Now, I don't know whether she could see whether it's a motorcycle or a bicycle traveling in the bike lane,
00:18:23but what happened was she was making a left turn.
00:18:26According to this, you went into her passenger side.
00:18:28Is that correct?
00:18:29Yes, Your Honor.
00:18:30So, where is the motive cycle now?
00:18:36I know Longer Habit, the towing company.
00:18:39They sold it.
00:18:40What are you driving around in now?
00:18:411995, Chevy Baville.
00:18:44Have a seat, everyone.
00:18:47Case 2144, Paramount v. Morgan.
00:18:51You're welcome.
00:18:51Ms. Paramount, you and the defendant had been friends.
00:18:55And according to what I read, there was a falling out, which you will tell me about briefly.
00:19:02Subsequently, and without too much time having passed, you decided to conduct an intervention, a drug intervention, with the defendant.
00:19:12And it is your claim that during that drug intervention, she damaged your television set, and you want her to pay for a new TV.
00:19:21That's what your case is about.
00:19:22The defendant has a cross complaint.
00:19:25She says she's missing some sort of a speaker.
00:19:27I don't know what that is.
00:19:28And for the emotional distress that she suffered as a result of this intervention.
00:19:33So, I have a couple of questions, just preliminarily.
00:19:36How long have you known each other?
00:19:38Over 20 years.
00:19:39Friends?
00:19:40Yes, best friends. Former best friends.
00:19:43From a best friend.
00:19:43But there came a time, according to your complaint, that there was a falling out. And when was that?
00:19:48That was in May of this year.
00:19:50And what was the falling out about?
00:19:52It was about our mutual friend and...
00:19:54This gentleman?
00:19:55Yes.
00:19:56What about your mutual friend?
00:19:57He was in the hospital, and we were all taking care of him.
00:20:02And she felt adamant to tell me that I need to do certain things for him.
00:20:07And I was letting her know that if he needs to tell me, he needs my help. He can tell me.
00:20:13Okay. There were several people looking after him while he was in the hospital, taking turns. Is that right?
00:20:19Yes.
00:20:20And she was telling you things that you should be doing for him. And you said to her, if he wants me to do something, let him tell me you don't direct me.
00:20:30Correct.
00:20:31Okay. Tell me the next thing that happened that brings us to court today.
00:20:34Well, after that, in May, I blocked her. We didn't speak.
00:20:38Did you go to visit him?
00:20:40Oh, yes.
00:20:41Oh, yes. And did you?
00:20:42Yes.
00:20:43So you both did. Okay. So you blocked her in May. Then what's the next thing that happened?
00:20:47Now we're in September. And this was...
00:20:50And between May and September, you haven't seen her?
00:20:52Haven't seen her.
00:20:53Okay.
00:20:53And now it's September. It's Labor Day weekend. And our friend Brandon wanted to mend our friendship back together. And it kind of did because we've been friends for so long. We talked and kind of mended.
00:21:11Okay.
00:21:11Okay. So I unblocked her. And then on that Sunday, September 4th, she calls me at 7 o'clock in the morning. And I guess she still felt uneasy about, you know, us not talking for so long that she demanded an apology from me.
00:21:29She called you early in the morning, demanding an apology for what?
00:21:33For basically just I was in the wrong of not listening to her about our friend.
00:21:39Okay. And then what happened?
00:21:41So I refused to give her an apology. I said, we can move past it, but I'm not apologizing, which she got upset again and hung up the phone on me. And after that, she basically called a family member of mine.
00:21:57Not basically.
00:21:58Sorry.
00:21:59You say that she placed a call to a family member.
00:22:02Yes.
00:22:02Okay. And you can't tell me what that family member told you because that's hearsay.
00:22:07You understand that.
00:22:08Okay. So she called a family member and that was on September 4th.
00:22:12Yes.
00:22:13Okay. And a family member called you.
00:22:15The family member actually...
00:22:16Did what?
00:22:17Actually lives with me.
00:22:19So they didn't call me.
00:22:20Okay. Okay.
00:22:21Well, you can tell me the relationship.
00:22:22It's just family.
00:22:23Okay. Family member who lives with you and...
00:22:26So she was calling that family member, asking for...
00:22:30You can't tell me what any of that was about.
00:22:33Okay. Sorry. I'm sorry.
00:22:34So after the conversation with the family member, the family member told me what she said.
00:22:40I know. I'm not saying the conversation.
00:22:42Absolutely right.
00:22:42So I told Brandon what she said and we thought at the time, let's have an intervention.
00:22:50Okay. Now, so without giving any credibility to any out-of-court statements, I assume by the word intervention,
00:22:58you had a suspicion that the defendant was using drugs or alcohol.
00:23:04Yes.
00:23:05Before that, before September 4th, did you have any knowledge of ongoing substance abuse with your best friend?
00:23:13Yes.
00:23:13Since when?
00:23:14For a very long time.
00:23:16Okay. Did you ever discuss the drug use with her?
00:23:19Yes.
00:23:19Well, you can tell me what those discussions were like. What kind of drugs were you afraid she was using?
00:23:24I prefer not to say.
00:23:26Well, you can't not say. That's what this is all about. You wanted to have an intervention.
00:23:30You didn't want to have an intervention because she was having caramel-covered popcorn.
00:23:34There was a controlled substance, I assume, that you were afraid she was using.
00:23:39Yes.
00:23:39Which was what?
00:23:40Cocaine.
00:23:41Have you ever seen her using cocaine?
00:23:43Yes.
00:23:43Did you ever use cocaine with her?
00:23:45Yes.
00:23:46Between May and September, had you ever used cocaine with her?
00:23:50No.
00:23:50So it was before that?
00:23:52Yes.
00:23:52His name is Brandon?
00:23:54Yes.
00:23:54Had Brandon ever used cocaine with the two of you?
00:23:57No.
00:23:58Did you ever see Brandon use cocaine?
00:24:00No.
00:24:01Okay. So you, who had used cocaine with her, decided to have an intervention with Brandon?
00:24:08Yes.
00:24:09What do you do for a living?
00:24:11I'm an inbound call agent. I sell tickets.
00:24:15Okay. And what does Brandon do?
00:24:16He's disabled.
00:24:17And who was going to be at this intervention?
00:24:19It was myself, Brandon, and another mutual friend.
00:24:24Mutual friend. Now, this mutual friend, whose name I will not have you say,
00:24:28state, have you ever seen that mutual friend use any sort of controlled substance?
00:24:33Answer the question.
00:24:34Yes.
00:24:35Yes.
00:24:35So now you have two people who've used controlled substance, one who has not, to your knowledge,
00:24:41doing an intervention.
00:24:43Correct.
00:24:44Okay. And do you know what an intervention is?
00:24:46Yes.
00:24:46What is it?
00:24:47It's basically a meeting of the minds of having a discussion with one person about an issue that...
00:24:57And who's there?
00:24:58Who's there?
00:24:59Yeah.
00:24:59Oh, I would say trusted people that I would feel that they...
00:25:03Okay.
00:25:04They were...
00:25:04Sarah, I want you to look up the word intervention and read me the very, very simplistic definition
00:25:12of an intervention.
00:25:13From the Mayo Clinic, an intervention is a carefully planned process that may be done
00:25:18by family and friends in consultation with a doctor or professional, such as a licensed
00:25:23alcohol and drug counselor, or directed by an intervention professional called an interventionalist.
00:25:29Okay. So what you don't have is something, I assume, this conversation occurred on September 4th.
00:25:38Correct.
00:25:38Was it on that same day that you decided to have an intervention?
00:25:42Yes.
00:25:43Okay. So let's start with the word well-planned, not as a result of a conversation that you
00:25:49have with somebody. And it's a well-planned event done in conjunction with very often
00:25:55relatives or close family who have a concern that something is out of control.
00:26:00Tricked by Jennifer.
00:26:02Okay. Did you look for the speaker?
00:26:04Yeah, I looked everywhere in the hallway.
00:26:05Do you have her speaker?
00:26:06There was never a speaker.
00:26:07Did you see a speaker?
00:26:09Oh, I didn't.
00:26:09Okay. There's no speaker. Now let's talk about your emotional situation. You got to this,
00:26:16I can't even call it intervention.
00:26:18Trap.
00:26:19Trap. That's a good word.
00:26:20There you go.
00:26:21That's a good word. Thank you.
00:26:22And tell me what happened when you got there.
00:26:24When I got there, I asked a family member, her family member, to come downstairs.
00:26:28Okay. Miss Moran, you walk in the door.
00:26:31Yes.
00:26:31And there's no question that you were tricked and that this was a trap.
00:26:35Yes.
00:26:36That's what it was.
00:26:37I realized that maybe one minute.
00:26:39Okay.
00:26:40That's what it was. Got in there and it was an uneasy feeling. You realized that it was a trick to get you there. It was a trap. I want you to tell me what happened when you got inside.
00:26:47Jennifer starts to walk up to me, like, with her arms open, real slow motion, like, Cardi, I'm sorry. You know, we should talk about this. We're friends. In that same tone. And I'm like, yo, really? This, you're, you're being fake. I don't really want this. You know, I came here to get what I wanted and let's go. But Brandon is getting all comfortable. He is disabled. So, you know, all right, fine. He's, he's got to get comfortable. So, you start arguing me and me.
00:27:17And Jennifer, we start arguing.
00:27:18About what?
00:27:19About the conversation that me and her had earlier. You know, she said that I should just get over what she, what, what she said initially for me getting upset.
00:27:27Okay. So, the initial conversation didn't have anything to do with drugs?
00:27:30We never talked about drugs. When I, when I got to the house, we never, me, I never had anything to do with them. I was talking to the family member, what I came to get. But once me and her start arguing, I tell Brandon, like, all right, can we go now? Like, are we done here? Like, let's leave. I want to go.
00:27:46Okay. So, what happened? When you said to Brandon, let's go, I want to get out of here. What happened?
00:27:52She squirts me with a water gun. She tells me, oh, I'm going to start, I'm going to squirt you like I squirt the dogs.
00:27:57Brandon, stand up. Your last name is?
00:28:00Milner.
00:28:02I want you to describe this water gun.
00:28:04To be honest, Judge, I don't remember seeing a water gun.
00:28:08It's in the video. If you listen to the video, she says it. I'm going to squirt you like I squirt the dogs.
00:28:12Brandon, before I look at this again, you were there in the room.
00:28:17Yes.
00:28:17I'm going to give you one before I look at the video again. Whether you saw her squirt the water gun or not, did you see a water gun that day?
00:28:25No, I didn't.
00:28:26No. Okay. So, let's play this and let me hear what you're referring to.
00:28:30I'm going to squirt you like I squirt the dogs. I cannot.
00:28:35I said not to.
00:28:37Are you serious?
00:28:40Okay. Sarah, you have a much more keen sense of hearing than I do.
00:28:44I'm going to squirt you like I squirt that dog.
00:28:48Okay. She's got younger ears than I do. What?
00:28:51I never squirted her with the squirt.
00:28:54Whether you did or not, are you telling me that Sarah heard?
00:28:58No, I said it.
00:28:58Okay, so you did squirt.
00:28:59But I didn't squirt her.
00:29:00I'm going to squirt you like I squirt the dog.
00:29:03Okay, but that's not an intervention.
00:29:06We were arguing at that point. It was already past a conversation intervention.
00:29:11Of course, you did the wrong thing.
00:29:14Yeah, it was a horrible plan. It was horrible.
00:29:17Oh, yeah, you're absolutely right. And it caused a great deal of distress. I want to know how you got out of the apartment.
00:29:23I was kicked out. I was pushed out. My things were thrown into the hallway.
00:29:27At what point did that happen? Is that after?
00:29:30Literally three seconds after.
00:29:31After the TV was broken?
00:29:34Yes.
00:29:34You were pushed out the door?
00:29:35Yes.
00:29:36Well, that's some really good intervention. How long were you in the house?
00:29:39A total six minutes, maybe.
00:29:41Where did you go from there?
00:29:42I got picked up and went home.
00:29:44Got picked up by home?
00:29:45Two hours later by my sister-in-law.
00:29:48Don't make anything up?
00:29:49No.
00:29:50Who picked you up?
00:29:51My sister-in-law.
00:29:52Okay.
00:29:52And my daughter and her boyfriend.
00:29:54In that two-hour period?
00:29:55Yes.
00:29:56You must have waited somewhere for that.
00:29:58Yes, I waited in her hallway.
00:29:59Okay, so you waited. When they came to pick you up, was there any further conversation with her or Brandon?
00:30:06They just picked you up.
00:30:07Well, between those two hours, there was conversations between my daughter and Brandon, my daughter and Jennifer.
00:30:13Everyone was talking.
00:30:15Well, where was your daughter?
00:30:16She was home.
00:30:17So it was on the phone that they were talking?
00:30:19Yes. And she was pleading with them to give me my stuff back so I could just leave.
00:30:23The cross-complaint, or the countersuit, is seeking $1,800.
00:30:27It's seeking $1,800, not only for the emotional distress that was caused to the defendant, but also for a speaker.
00:30:36They don't have a speaker.
00:30:37How much was the speaker so that I can deduct that?
00:30:40It was $129.
00:30:41Okay, so we're really talking about $1,700.
00:30:44Okay, and that's the amount that you want for your emotional distress.
00:30:48Yes, Your Honor.
00:30:49For that six minutes.
00:30:50I don't blame you.
00:30:51I think it's worth at least that.
00:30:53I think that when amateurs decide for all the wrong reasons to do an intervention, any negative consequence that flows from that, you just have to accept.
00:31:03But that's reason for her to break my stuff?
00:31:06Absolutely.
00:31:06It would have been reason for her to break everything in your apartment to get out.
00:31:10Absolutely.
00:31:11You are holding her there.
00:31:12I didn't hold her?
00:31:13Yes, just a second.
00:31:15You brought her there under false pretenses.
00:31:19That's what you did.
00:31:19And you had somebody else there as well.
00:31:22And according to you, you wrote it was an intervention.
00:31:25But it wasn't an intervention.
00:31:27It was whether you wanted to.
00:31:29For a 20-year relationship, intervention may be a wrong word.
00:31:33Well, it was a very, very wrong word.
00:31:36And you don't trick somebody to come to your house with something else in mind, even if it's to buy drugs.
00:31:41So I'm awarding you $1,700 on the counterclaim for your emotional distress.
00:31:46Your claim for the broken TV is dismissed.
00:31:49We're done.
00:31:49This court is adjourned.
00:31:51I have no thoughts.
00:31:52I'm happy with her decision, but it's bittersweet because these are my friends.
00:31:57Just have a conversation about certain situations we were having.
00:32:01Her intention, I don't think it was to make me stop doing what they all do anyway.
00:32:07I didn't keep her.
00:32:07That's the thing.
00:32:08She walked in freely, walked out.
00:32:11That's the betrayal.
00:32:12Yeah, this is over.
00:32:13It's just time to go separate ways.
00:32:15You know, I lived and I learned those are the people that I grew up with.
00:32:18You know, those turn-up days are over anyway.
00:32:20So.
00:32:21I think this whole situation was a perfect example of what my dad calls lack of two-step thinking.
00:32:28Okay.
00:32:28So we can already agree the intentions were not great.
00:32:31They were just maybe potentially rekindling a friendship and that's not exactly the person you want leading your intervention, if that's what they wanted to call it.
00:32:40And also, what was your plan?
00:32:41If it went the way that the plaintiff at least claims she was intending it was to get her friend help, say that the defendant broke down and cried and admitted to having a problem and really wanting help.
00:32:51Where was the help?
00:32:52There was no help.
00:32:53That's true.
00:32:53So I agreed with you that she, the plaintiff, deserved any amount of damage that happened from having such a lack of a plan.
00:33:01It was a lack of a plan.
00:33:02She lured her there.
00:33:03Yeah.
00:33:04I mean, just a messed up situation all in all.
00:33:06And you really have to be coming from the right place to do something like that.
00:33:09And I think neither of them were even close to that sort of healthy place.
00:33:13Neither the witness nor the plaintiff.
00:33:16What this says is that they looked at this video because they tried to determine what caused the leak in a commercial business operating in the building.
00:33:29The leak caused substantial damage, $9,927, to be exact as a result, because this was a water pipe and it was broken.
00:33:39And it tells her that unless they get this $9,927, she's going to lose her housing, right?
00:33:47Yes.
00:33:48Your fault.
00:33:50What can I tell you?
00:33:52Don't let your mother ask.
00:33:53I'm asking you, what's the issue?
00:33:55You caused the damage.
00:33:57Whether you accidentally hit that pipe initially, you knew you shouldn't have been there.
00:34:04And it's clear that whatever you were doing, you were jumping with full force with both feet on that pipe.
00:34:12That's clear.
00:34:12You tried to pick it up.
00:34:14You leaned over at least twice to try to pick it up and then put it down and then stomped on it.
00:34:19Clearly, you weren't supposed to be there.
00:34:21The landlord is holding her responsible because under the terms of her lease, she's responsible for any damage caused by not only a member of her household, but an invited guest.
00:34:32Do you understand?
00:34:33Yes.
00:34:34Okay.
00:34:34So sometimes if you're acting stupid, nothing happens.
00:34:38Sometimes if you're acting stupid, a lot of things happen.
00:34:41Do you know how many children she has?
00:34:43She has three children.
00:34:44They all live at home?
00:34:45They all were there, yes.
00:34:47Yeah.
00:34:47So if she's dispossessed from her apartment, that's four people who are homeless.
00:34:54She's going to lose this housing unless she pays the damage that your daughter caused.
00:34:58That doesn't seem reasonable for her to lose her housing, does it?
00:35:01No, no.
00:35:02Judgment for the plaintiff in the amount of $10,000.
00:35:05We're finished.
00:35:05Thank you very much.
00:35:06This court is adjourned.
00:35:07The truth is that you don't host the party and you don't watch the children that are on your property.
00:35:13They're teenagers.
00:35:14They're old enough to be outside alone.
00:35:16All of those children were in the planter at some point, but it's fine.
00:35:20There were no other children in the planter.
00:35:22I would think that there should have been something for like flood fire or earthquake damage in place, so I don't know.
00:35:28But she should take responsibility for her daughter.
00:35:32That's not my responsibility.
00:35:34Relatively simple.
00:35:36You know, I think that there is an age, Sarah, where even under these circumstances, a child can be out unsupervised.
00:35:43Certainly, the defendant's defense in her answer said that her daughter was out unsupervised because she left the party for something for a short period of time.
00:35:55Well, there's no issue that a 14-year-old...
00:35:57Doesn't need to be constantly supervised.
00:35:59...be supervised.
00:35:59You usually use a 14-year-old to supervise other young children.
00:36:04I do think it was an accident.
00:36:06I think that she knew she probably wasn't supposed to be in the planter, but once we saw the video, it was playful.
00:36:11They were playing a ball from up high, down low.
00:36:14I understood the situation after we saw it.
00:36:16You also understood that the stomping full force as a 14-year-old could do some real damage, especially inside a planter that's supposed to be a delicate, untouched area.
00:36:25So, I understood. I think the defendants were in a tough position. They knew it was their fault. I appreciated that they took responsibility for it.
00:36:33Well, sort of. The daughter did.
00:36:35Did.
00:36:35The daughter did. I'm not so sure about the mother, but...
00:36:37I think the mother saw the big price tag attached to the responsibility and maybe tried to backtrack a little.
00:36:43But, yeah, I mean, accidents happen, but there are big consequences for...
00:36:47She learned that lesson, this young woman today.
00:36:49I hope that they did.
00:36:50Case 2185, Francis v. Morris. All parties, please step forward.
00:36:54Danielle and Michael Francis are suing their former tenant, Anthony Morris, for property damage and loss of income.
00:37:03Ms. Francis?
00:37:04Yes, ma'am.
00:37:04Who is this?
00:37:05It's my husband.
00:37:06Well, this has to do with the ownership of a home. Do you both own the home or just did you inherit the home?
00:37:13It doesn't have to do with ownership of the home. It's a case about property damage.
00:37:17I understand that.
00:37:18Yes, ma'am.
00:37:18But somebody owns the home.
00:37:20Who owns the home?
00:37:21I do.
00:37:21Is the question.
00:37:22Not your husband.
00:37:23Correct.
00:37:24Have a seat.
00:37:26Let's not confuse it.
00:37:28Ms. Francis, you had a brother.
00:37:30Yes, ma'am.
00:37:31Whose name was?
00:37:32Julius.
00:37:33How old was he?
00:37:34My brother was 38.
00:37:36And your brother owned a home?
00:37:37Yes.
00:37:38How long did your brother own this home?
00:37:40He just purchased a home in 2017.
00:37:44Do you know how much he paid for it?
00:37:45About $123,000.
00:37:47Was there a mortgage on the house?
00:37:49Yes, ma'am.
00:37:50How much is left on the mortgage?
00:37:52$110,000 now.
00:37:53Do you know how much the house is worth?
00:37:55Yes, ma'am.
00:37:56How much?
00:37:56It's worth $213,000 now.
00:37:58So almost double.
00:38:00Yes, ma'am.
00:38:00Now, your brother passed away when?
00:38:03June of 2020.
00:38:06From what?
00:38:07Pancreatic cancer.
00:38:08So it was relatively fast.
00:38:10Yes, it was.
00:38:11He was actually diagnosed in 2019.
00:38:15So in early 2019, I became his caregiver, taking him back and forth to the doctor and chemo visits, as well as my husband.
00:38:24Okay.
00:38:25Now, Mr. Morris, you had been a roommate of Julius.
00:38:30That is correct.
00:38:31For how long?
00:38:32I moved into the house on October 19, 2019.
00:38:38And you paid rent?
00:38:40Yes, ma'am.
00:38:41Now, when Julius got sick, according to what I read, you never moved into the house with Julius.
00:38:46You just took him to where he needed to be.
00:38:48Is that correct?
00:38:49You lived with your husband.
00:38:50Yes, ma'am.
00:38:51You lived with your husband, and you came as needed to take your brother to medical appointments, et cetera.
00:38:56You lived in the house with him.
00:38:58Correct.
00:38:58Is that correct?
00:39:00Partially.
00:39:01What's not partially?
00:39:02At the end of my brother's illness, I moved in with him because I...
00:39:06How much before?
00:39:07Um, I would say March of 2020.
00:39:11So for a couple of months, towards the end, you moved in.
00:39:13But during the course of the year, you lived with your husband, and you lived in the house with Julius.
00:39:18Yes, ma'am.
00:39:18And when you were living in the house with Julius, did you give any assistance to him in any way?
00:39:24Yes, ma'am.
00:39:24I took him to the hospital several times.
00:39:27I cooked for him, and I pretty much did the chores and ran errands for him.
00:39:31Did you know him before you moved into the house?
00:39:34I did not.
00:39:35Okay.
00:39:35After Julius passed away, you inherited the house?
00:39:40Yes, ma'am.
00:39:40Did he have a will?
00:39:42Yes, ma'am.
00:39:42And the will specifically gave you the house?
00:39:44Yes, ma'am.
00:39:45And you and the defendant determined that you would remain a tenant in June of 2020.
00:39:51Is that correct?
00:39:52That's correct.
00:39:53Yes, ma'am.
00:39:53There came a time when you moved out, Mr. Morris?
00:39:56Yes, that's correct.
00:39:57And what month and year did you move out?
00:40:00June 1st, I believe, 20...
00:40:0322.
00:40:0422, correct.
00:40:05And what was the reason that you moved out?
00:40:07I moved out because the rent had went up for a second time.
00:40:10What was it when you were living with Julius?
00:40:13$650.
00:40:14And then when Ms. Francis inherited the house, did she modify the rent?
00:40:19She did.
00:40:19In what month?
00:40:20I'm not specifically.
00:40:22I can't answer that question.
00:40:23What did she raise the rent to?
00:40:26Approximately $1,200.
00:40:28Was that the first increase?
00:40:30That was correct.
00:40:31How long did that increase stay in place?
00:40:33That had to be for a year.
00:40:34That was the term of that lease.
00:40:35And what happened after the year?
00:40:37She raised the rent again.
00:40:39To what?
00:40:39Well, that's when I didn't accept that lease.
00:40:43What did she ask?
00:40:44$1,575.
00:40:45She wanted $1,575.
00:40:47Yes, ma'am.
00:40:48And you determined that that was too much rent for you?
00:40:50I did.
00:40:51So you noticed you were leaving?
00:40:5330 days before June 1st.
00:40:55Okay.
00:40:56And when was the lease up?
00:40:57June 1st.
00:40:58It would expire.
00:40:59Now, after your brother passed away and you inherited the house, did you maintain the
00:41:04same rent that he was paying to your brother?
00:41:06No, ma'am.
00:41:07Okay.
00:41:07So when did you raise his rent and to what amount?
00:41:10I raised the rent in November.
00:41:12Okay.
00:41:13Of 2021.
00:41:15To what?
00:41:15To $1,495.
00:41:17That was the first time you raised his rent?
00:41:19Yes, ma'am.
00:41:20Okay.
00:41:20And you knew what his rent was when he was living with your brother?
00:41:24Correct.
00:41:24And how much was his rent when he was living with your brother?
00:41:28It was $625.
00:41:29So, in effect, you increased his rent a little over 200%.
00:41:34Yes, ma'am, your honor.
00:41:35And can I explain the reason to that?
00:41:38No.
00:41:38It's irrelevant what the reason was.
00:41:40Okay.
00:41:41He was paying rent of $625.
00:41:44You raised it to $1,500.
00:41:46Now, at the end of that term, were you going to raise his rent again?
00:41:50Yes, ma'am.
00:41:51Yes.
00:41:51To what?
00:41:51It was going to be an $80 increase to $1,575.
00:41:55Now, during that two-month period that you lived in the house, you had no issue with regard
00:42:01to the way Mr. Morris maintained the house while you were living there with your brother.
00:42:06And that fact is buttressed by the fact that you maintained him as a tenant, right?
00:42:12Correct.
00:42:12Okay.
00:42:13So, you saw the way he maintained the house, and having seen that, you continued him as
00:42:18a tenant.
00:42:19Correct.
00:42:19And you raised his rent substantially, and he paid that rent.
00:42:23Correct.
00:42:23And he paid that rent sufficiently so that you were prepared to re-rent him the house,
00:42:31but you just wanted a little more money.
00:42:32Correct.
00:42:33Correct.
00:42:33Now, now he moves out on June 1st of this year, and now you say that he caused almost
00:42:41$5,000 worth of damage, and because he had damage, you lost income because you couldn't
00:42:48re-rent the house.
00:42:50Correct.
00:42:50You moved out in June of 2020.
00:42:54Yes, ma'am.
00:42:54You have a new tenant in the house.
00:42:57Yes, ma'am.
00:42:57I do now.
00:42:58And how much rent is she paying?
00:43:00She is paying $2,200 a month.
00:43:03And when did her lease start?
00:43:05Her lease started in September.
00:43:07So, your premises was not rented for two months.
00:43:12Correct.
00:43:13And when it was rented from the two-year period of time between your brother's death and
00:43:18you're re-renting the house, the rent went from $6.25 to $2,200.
00:43:24Yes, ma'am.
00:43:25Doesn't sound like you're losing any money.
00:43:26Well, there's a...
00:43:27Just a second.
00:43:28Okay.
00:43:28Doesn't sound like you're losing any money.
00:43:31So, I'm not interested in the loss of income that you had.
00:43:33You had no loss of income.
00:43:35Anybody who lives in a house can't rent from June 1st.
00:43:38House has to be painted, normal wear and tear.
00:43:41You may have to redo carpeting.
00:43:42That's normal wear and tear.
00:43:44Had to be done because that's what you do when you want to get $2,200 rent from somebody
00:43:48for a house.
00:43:48You have to paint it up.
00:43:50You have to freshen it up.
00:43:51You have to do all of those things.
00:43:52So, what I want to see from you are photographs of what, other than cleaning out the house,
00:43:59which Mr. Morris acknowledges, for whatever reason, there was stuff left in the house.
00:44:05Correct, sir?
00:44:06Yes, ma'am.
00:44:06That belonged to you?
00:44:07Yes, ma'am.
00:44:08And that you didn't clean out?
00:44:10I did not.
00:44:11Now, you left on June 1st, and I'm telling her that she's going to show me what she considers
00:44:18$5,000 worth of damage to the house.
00:44:21I want to see it.
00:44:22Yes, ma'am.
00:44:22You agree that you left some stuff in the house.
00:44:25She probably has a bill for cleaning out some of that stuff.
00:44:29That she's entitled to.
00:44:31Now, I want you to show me what damage you are ascribing to him from the house.
00:44:37Okay.
00:44:37I have the pictures here, Your Honor.
00:44:39Okie dokie.
00:44:42Also, can I present in evidence what the room that the defendant rented out, what it looked
00:44:49like prior to the damages?
00:44:51No.
00:44:52I don't see any damages.
00:44:53I see mess.
00:44:54There's pictures in there, Your Honor.
00:44:56I'm looking.
00:44:56The carpet was damaged very badly.
00:45:00He messed up my mattress in my second bedroom.
00:45:03The doors was damaged.
00:45:04He actually changed the lock on the second bedroom door and the mass room bedroom door
00:45:09without my knowledge.
00:45:10You see all this stuff, sir?
00:45:11Yes, ma'am.
00:45:12This is all your junk, right?
00:45:13Yes, ma'am.
00:45:14Okay, so you should have a substantial bill for cleaning and getting rid of this.
00:45:19Yes.
00:45:20I'd like to see it.
00:45:24There you go.
00:45:25So you paid $760 to clean out the house.
00:45:36Yes, ma'am.
00:45:36Make it move in clean.
00:45:38Yes, ma'am.
00:45:39That's what you're entitled to, Ms. Francis.
00:45:42$760.
00:45:42You can't leave a place like that.
00:45:44Also, Your Honor, I had other damages as well.
00:45:47My microwave was broken.
00:45:48I don't know who broke that.
00:45:50You don't know.
00:45:50It was working when he was there.
00:45:53May have been working.
00:45:54May have been not working.
00:45:55Everything was in top-notch condition, from appliances to flooring, when Mr. Morris was
00:46:00at the house.
00:46:01So he broke my microwave.
00:46:03Fix it.
00:46:03I have fixed it, and I'm asking for the cost of a replacement for a new one.
00:46:07No way.
00:46:07Why not?
00:46:08Because I'm not convinced, madam, that somebody who, according to you, helped you with your
00:46:15brother, was there and supportive for the last year of his life.
00:46:20He certainly left a mess, which you're not supposed to do, sir.
00:46:24I understand.
00:46:25You're not supposed to leave a mess.
00:46:26And this is clearly a mess.
00:46:28And there's no question in my mind that you left this mess because she was quadrupling
00:46:33your rent.
00:46:35But to her, this is a business.
00:46:37And she's not living there with her husband.
00:46:39This has now become a business investment.
00:46:42Her investment increased in value.
00:46:44It was really Julius's investment, but it increased in real estate value.
00:46:48And instead of seeing $600 a month, which probably doesn't cover the taxes and mortgage,
00:46:53she now has a profit because she's now getting $2,200 a month from somebody.
00:46:59And that covers, of course, her mortgage and whatever taxes they are.
00:47:03You were annoyed?
00:47:04You're still not allowed to leave a place like this.
00:47:08$760.
00:47:09Judgment for the plaintiff.
00:47:10We're done.
00:47:10Court is adjourned.
00:47:11Kind of upsetting because the defendant really trashed my brother's house, given that we
00:47:18considered him like family.
00:47:19I was like family with him.
00:47:21I took care of the brother for a long period of time.
00:47:23I wouldn't have left the house like that.
00:47:25And for him to turn around and do this and cause all those damages and then get off scot-free,
00:47:30it's heartbreaking.
00:47:32Number one, there were no damages.
00:47:34You know what?
00:47:35Nothing good ever comes to someone who does people like this.
00:47:38Money does change people, and so you have to be careful.
00:47:42Be careful who you rent to.
00:47:44So I just did some research on the home while we were out there, and I found some interesting
00:47:48information just based on some of the plaintiff's claims.
00:47:51So I did find that the house was sold to the brother in 2017 for $123,000, but the plaintiff
00:47:58listed the home for rent for the first time July 22nd for $2,300 listed for rent once she
00:48:06became the owner.
00:48:06And he moved out in June, beginning of June.
00:48:09So her claim for lost income doesn't really make sense because she had it listed on Zillow,
00:48:14at least.
00:48:14I'm not sure.
00:48:14It could have been listed before then.
00:48:15That's just when Zillow picked up on it.
00:48:17I'm not sure how their algorithms work, but she was unable to get the $2,300, presumably,
00:48:22because she reduced it to $2,200 in August of 2022, and then it was removed later in August
00:48:29at that $2,200 mark, presumably whoever, the new tenant that she now has.
00:48:34So she had no real lost income.
00:48:36Exactly.
00:48:37She had the month of maybe July, but if you have a tenant moving out June 1st, you give
00:48:41yourself two weeks' notice as a landlord anyway to make the necessary painting.
00:48:45And sometimes it takes a little bit.
00:48:47Exactly.
00:48:48And you don't find a tenant right away.
00:48:49So based on that, I wouldn't have given her any lost income.
00:48:52Any lost income for the property.
00:48:54He left the house a mess.
00:48:56He did.
00:48:56He left boxes.
00:48:57He acknowledged it.
00:48:58He left the place a mess.
00:48:59He left food in the refrigerator, and there's no way in one day, which she said, yeah, it
00:49:03was like he was going to move all that stuff out.
00:49:05He was annoyed.
00:49:06Then you can't leave stuff that way.
00:49:08So she got her cleanup bill.
00:49:10Reuben Alonzo owes for vet bills after Reuben's dog attacked their dog.
00:49:16Reuben says his dog was the one attacked.
00:49:19Where did his dog drag him?
00:49:21So everything started here.
00:49:23We eventually tried separating the dogs towards this way.
00:49:26Mr. Alonzo was dragged from this area down.
00:49:28The car was parked here, so we managed to put the dog on top of the car.
00:49:32And Mr. Alonzo was on the floor wrestling his dog to control him.
00:49:37You took your dog to the vet?
00:49:39Immediately, yes.
00:49:40You have the vet report and bill.
00:49:42I do.
00:49:42May I see it, please?
00:49:43Of course.
00:49:43Kevin.
00:49:55So your vet bills look in total to be about $4,600.
00:50:00About $58, if I'm not mistaken.
00:50:02Okay.
00:50:02I may have missed one.
00:50:04He suffered a level 4 bite wound and from the accident.
00:50:06He was very seriously injured.
00:50:08There's no question.
00:50:09He was very seriously injured.
00:50:10Spent a long time in the hospital.
00:50:12Okay.
00:50:13Mr. Alonzo, the ball is in your court.
00:50:15So I'd like to hear your version of what happened.
00:50:18The day on April 28th, what happened, I was walking my dog with a leash.
00:50:22That's what I usually do every day before I go to work.
00:50:25That's not true, Your Honor.
00:50:25Shh.
00:50:26Don't speak.
00:50:27That's what I usually do.
00:50:28I don't care.
00:50:28Mr. Alonzo, I want you to understand something.
00:50:31Yes.
00:50:31I don't care what you usually do.
00:50:33Okay.
00:50:34And there are certain things that are common sense.
00:50:36All right.
00:50:37Do you understand?
00:50:38Yes.
00:50:38Okay.
00:50:38I was on April 28th.
00:50:40I was walking my dog on a leash.
00:50:42And I also want to tell you to be very careful what you tell me.
00:50:45Okay.
00:50:45Very careful.
00:50:46April 28th.
00:50:47I was walking my dog on a leash.
00:50:50Show me where you are.
00:50:51I was walking to the left, right here.
00:50:54That's my house on the green.
00:50:56I know where your house is.
00:50:57Okay.
00:50:58I was walking to this.
00:50:59When I noticed that the gate was open, and then when I was getting close by, her dog
00:51:03started coming out, barking to the sidewalk, biting my dog in the legs.
00:51:08Okay.
00:51:09Biting my dog in the legs.
00:51:10Then when I started pulling out my dog from their dog, that's when Juan and Gracia came
00:51:16out.
00:51:17They started, so they started grabbing their dog, too.
00:51:19Okay.
00:51:20Gracia even apologized after the dog to the bed.
00:51:23And then later on, when she received the bill, she wanted me to pay her back.
00:51:27I said, shh, shh, shh.
00:51:29I said, I wasn't going to pay her back, because it wasn't my fault or my dog's fault.
00:51:33They leave the gate open, and their dog unattended.
00:51:36I want to tell you something.
00:51:37I do not believe you.
00:51:39Why not?
00:51:39I don't answer questions.
00:51:41I get answers to questions, and then I have to say to myself, these two people, they were
00:51:46going to work at 4.30 in the morning.
00:51:49You were out of the same hour.
00:51:51Do you work at that hour?
00:51:52I was about to go to work, too.
00:51:55That's what I was taking my dog out.
00:51:56There are other adults in the house.
00:51:59Yes, I have two more.
00:52:00Okay.
00:52:00They were all sleeping at 4.30 in the morning?
00:52:02Yes, ma'am.
00:52:03Okay.
00:52:04So you opened your door, and you have to understand, sir, I am particularly unabashedly sensitive
00:52:11to pit bulls who are unleashed or not watched.
00:52:17Your dog is four years old.
00:52:18I don't know.
00:52:19I assume you have had no prior incident with your dog.
00:52:23No, ma'am.
00:52:24Okay.
00:52:24That's not true.
00:52:25We'll get to it.
00:52:26Last article I keep them in my desk drawer about pit bulls was a baby, a three-month-old
00:52:33baby left alone for a second with a pit bull.
00:52:35The pit bull gnawed off his hands.
00:52:37That was last week.
00:52:39So you have to understand that I'm particularly sensitive to a large animal that's capable
00:52:45of causing serious injury being unattended for a second.
00:52:50You answered my question very quickly whether your dog, Max, had had any prior incidents.
00:52:56You said no.
00:52:57Plaintiff seems to say that that's not true.
00:53:01Now, she's going to tell me about a prior incident unless you want to tell me about it first.
00:53:07I've never noticed or nothing.
00:53:09Nobody informed me about another accident or nothing.
00:53:13Your answer is you don't know about a prior incident with your dog.
00:53:19Yes.
00:53:20Is that right?
00:53:21Yeah.
00:53:21Why don't you tell me what you know?
00:53:23First things first.
00:53:24I have an animal control report that proves his statement of his leashed dog incorrect.
00:53:31May I see it, please?
00:53:34This is the second attack.
00:53:36Sure, sure.
00:53:36Sorry.
00:53:37Sorry.
00:53:37It's the second attack.
00:53:37Well, this recites your version of the events.
00:53:48Correct.
00:53:48And the report indicates your Reuben, is that correct?
00:53:52Yes.
00:53:53That you ran out to the scene to try to separate your dogs.
00:53:58Did you speak to animal control?
00:54:00Yes, I did.
00:54:01You spoke to them on what date?
00:54:03Two days after.
00:54:03May 1st.
00:54:06Yes.
00:54:06So you spoke to them?
00:54:07Yes.
00:54:08Then this write-up incorporates what you told them, which is consistent with what Ms. Galvin testified to, sir.
00:54:15Okay.
00:54:15I don't know where you are showing me that this was not the first instance.
00:54:22So the first instance was about a little bit over a year ago where his dog attacked my dog and he didn't break skin.
00:54:30So animal control refused to create an actual incident report.
00:54:34Tell me when that was.
00:54:35That was about a year ago.
00:54:37Yes.
00:54:37So it was actually my mother who was walking my dog.
00:54:40I was out of state at the time.
00:54:41I have a witness statement, if that helps for anything.
00:54:44But my mother was walking the dog where his dog was...
00:54:46You were not there.
00:54:48No, but...
00:54:49Then I can't take that evidence because it's hearsay.
00:54:52Do you understand?
00:54:53Okay.
00:54:53I understand.
00:54:53The second attack was on a 10-year-old German shepherd walking in front of our house, walking on a leash by his owner.
00:55:00And again, the dog was out loose without a leash or collar where he attacked the German shepherd.
00:55:06Was that within the year?
00:55:08That was late January, yeah.
00:55:10Late January of this year?
00:55:11Only five, six months ago.
00:55:13Did you observe that?
00:55:14I did.
00:55:14I assisted in separating and keeping the German shepherd safe.
00:55:18Who came out of the Alonzo house to retrieve their dog?
00:55:22Was it Mr. Alonzo or his son or one of the other children?
00:55:25I think it was his younger daughter.
00:55:27What's your younger daughter's name?
00:55:29No, I got two.
00:55:30They're twins.
00:55:30So I don't know which one she's talking about because I never...
00:55:33Well, you know them both, right?
00:55:34Yeah, I know them both.
00:55:35Just a second.
00:55:36Listen to me carefully.
00:55:37Okay.
00:55:37You know them both.
00:55:38Mr. Alonzo, I don't want you to play with me.
00:55:41I'm not playing with you, Your Honor.
00:55:42So there's no question that if anything happened with a German shepherd and one of your twins,
00:55:48who were not babies, came out and retrieved your dog, they would have told you about it.
00:55:55I haven't heard nothing from that.
00:55:57Really?
00:55:57He was involved, Your Honor.
00:55:58What?
00:55:59I spoke to him about the situation just days after the last incident with him.
00:56:03I brought the German shepherd and the owner and I...
00:56:05There's a proof.
00:56:06Now it's documented that your dog has attacked at least once, and if you let that dog or any
00:56:17of your other dogs out, they're going to take that dog and destroy it.
00:56:21You do know that.
00:56:22Yes, we do.
00:56:22And that will be your fault.
00:56:26Going for vet bills after his dog attacked their dog.
00:56:30Ruben claims their dog was off leash and started the fight.
00:56:34Just a second.
00:56:34He said, your dog barks a lot.
00:56:37That's why my dog attacked him.
00:56:38Your Honor, if my dog knew how to talk, we wouldn't be here.
00:56:41Just a second.
00:56:42When you say that after this attack on your dog, the serious one...
00:56:47Correct, yeah.
00:56:48You brought the German shepherd.
00:56:49Whose German shepherd was it?
00:56:51Somebody that lives in our community.
00:56:52And the owner?
00:56:54Yes.
00:56:54To see Mr. Alonso.
00:56:56Correct, because Mr. Alonso said that my dog was barking too much and that's why Max attacked him.
00:57:01Okay, so now you bring the German shepherd.
00:57:04Your dog, Yogi, is it the vet?
00:57:06No, this is a few days post-op.
00:57:08My dog was recovering inside, indoors.
00:57:11Okay, so your dog is indoors, but wasn't with you when you went to confront Mr. Alonso with the German shepherd?
00:57:17Yes.
00:57:17And the owner of the German shepherd?
00:57:19Correct.
00:57:19Okay, and can you tell me what Mr. Alonso said during that confrontation about the German shepherd?
00:57:28Not your dog, what did he say about the German shepherd?
00:57:31Nothing.
00:57:31His demeanor was very aggressive.
00:57:34He turned, he was up putting on some cameras in his home.
00:57:38He turned, did not say a word, and turned back around.
00:57:40And his son was there as well.
00:57:42Really?
00:57:42Yeah.
00:57:43Stand up.
00:57:45Over there, please.
00:57:47Your first name?
00:57:48Jason.
00:57:48Jason, do you remember Ms. Galvin coming to the house?
00:57:52Your father was there.
00:57:53She was there with a German shepherd and its owner.
00:57:55That's a yes or a no?
00:57:56Yes.
00:57:56Okay.
00:57:57Were you close enough to hear the conversation?
00:57:59That's a yes or a no?
00:58:00Yes.
00:58:01Did you hear the conversation about your dog at some point having a confrontation with the German shepherd?
00:58:07Yes, I did, Your Honor.
00:58:08Tell me what you heard.
00:58:09The plaintiff ended up bringing the owner of the dog over, and he...
00:58:13The owner of the shepherd?
00:58:14Yeah, the owner of the shepherd.
00:58:15And he said he didn't want to start no problems or nothing.
00:58:17He didn't want to?
00:58:18He didn't want to start any problems.
00:58:20Who said?
00:58:20The owner of the shepherd?
00:58:21The owner of the shepherd.
00:58:22The owner of the shepherd said, I don't...
00:58:23He said it was an accident and stuff happens, and he didn't want no problem with this.
00:58:27I want to know, before he said that, what was said about Max attacking the shepherd?
00:58:34The plaintiff was claiming that...
00:58:36Plaintiff said...
00:58:36Plaintiff said...
00:58:37That Max bit the German shepherd.
00:58:39Okay.
00:58:39And the German shepherd and the German shepherd's owner was there.
00:58:43Correct.
00:58:43What did your father say?
00:58:45He was just quiet during the instance...
00:58:47Just a second.
00:58:47So he said nothing?
00:58:49Correct.
00:58:50Did you say anything?
00:58:51At the current moment, I was actually holding the ladder stand, because he was on a 10-foot
00:58:54ladder installing cameras.
00:58:56That is very unsafe for me to try to tell him anything.
00:58:58Just a second.
00:58:59Did he come down from the cameras?
00:59:01He was still installing the cameras as they came up.
00:59:03Well, now there are two people there.
00:59:05One person there with a dog that he knows has been seriously injured by his dog, and a
00:59:13German shepherd who I'm absolutely positive that one of your sisters discussed with him
00:59:20had an incident some months before.
00:59:24Don't say no, because I have to tell you something.
00:59:26You lied to me once.
00:59:27You lied to me once, sir.
00:59:28The accident wasn't...
00:59:30Nobody said nothing to me about it.
00:59:33That's why I didn't talk to the guy, because I don't know if she...
00:59:35Well, you talked to her.
00:59:37What I'm telling you, Mr. Alonzo, is you lied to me once.
00:59:40I believe nothing else.
00:59:41Certain things are common sense.
00:59:43I have children.
00:59:44I've had dogs.
00:59:45If one of my dogs was involved in an incident, and I was involved in separating them, and I
00:59:50was involved in making the situation better, when my parent came home from work, I would
00:59:56say, let me tell you what happened.
00:59:58And they would tell you.
00:59:59Or they would tell their older brother what happened.
01:00:02And the older brother might tell you, but somebody would tell you.
01:00:07It wasn't brought to my attention.
01:00:08It wasn't brought to your attention.
01:00:10I'm going to bring something to your attention.
01:00:12Do you have homeowner's insurance?
01:00:13Do you own your house?
01:00:14I don't own a house.
01:00:15I rent the house.
01:00:16You rent the house.
01:00:16Do you have renter's insurance?
01:00:18Yes.
01:00:18Does the renter's insurance that you have know that you have...
01:00:22Not a French bulldog, because that's what it says here.
01:00:25Somebody identified your dog as a French bulldog.
01:00:28French bulldog is different from a bully.
01:00:30I have a license that says it's not even a people.
01:00:34It's an American bully.
01:00:35It's classified in its own.
01:00:37I actually know what an American bully is.
01:00:40It's not a French bulldog.
01:00:42Do you have a French bulldog?
01:00:43We do not.
01:00:44Your Honor, he has three in his garage at the time.
01:00:47And sometimes when he illegally breeds, he has seven or eight at a time.
01:00:50It's not illegal.
01:00:51Not true.
01:00:52We've got papers to prove that.
01:00:53We're licensed breeders, Your Honor.
01:00:54All of our dogs are Purple Ribbon UKC show dogs.
01:00:58That doesn't make this dog any less vicious.
01:01:00Correct.
01:01:01Do you understand?
01:01:02Yes, I do, Your Honor.
01:01:03Dog caused serious injury.
01:01:05And either your father is just in a total state of denial, or he hasn't been introduced
01:01:11to the truth.
01:01:12I don't know which one it is.
01:01:13Either way, I'm entering a judgment for them for the full amount of their vet bills.
01:01:18Now it's documented that your dog has attacked at least once.
01:01:23And if you let that dog or any of your other dogs out, they're going to take that dog and
01:01:29destroy it.
01:01:30You do know that.
01:01:31Yes, we do.
01:01:32And that will be your fault because you're the owner and the responsible person to make
01:01:37sure that a dog that is capable of serious physical injury, serious physical injury,
01:01:43doesn't injure a person or another animal.
01:01:46That's your responsibility and any other adult who lives in the house.
01:01:50Judgment for the plaintiff in the amount of $6,500.
01:01:53We're done.
01:01:54This court is adjourned.
01:01:59Taking the decision was bad.
01:02:00I mean, they tried to like consider my dog a pit bull.
01:02:05He's not a pit bull.
01:02:06She was just.
01:02:07She followed the truth.
01:02:08And that's all we could have asked for.
01:02:10Their dog got out and started biting my dog.
01:02:12So my dog defended himself.
01:02:13Mentira.
01:02:14Porque él nunca lo miré.
01:02:16El perro apareció de repente sin collar, sin correa.
01:02:19Y fue cuando nos empezó a tocar al perro y a mí.
01:02:22It's a lie.
01:02:23He never, he came and there was never a leash, no, neither a collar.
01:02:28And that's when the dog started attacking the dog and myself.
01:02:32Probably set up another fence in front of our yard.
01:02:34Probably established something a little bit more secure than what we have now.
01:02:37I've had him for more than half my life.
01:02:39I mean, that's my companion, my bud, my best friend.
01:02:42And to see him in pain from like weeks after was even equally as traumatic as the incident itself.
01:02:49I definitely would say be avoided.
01:02:50We will be taking precautions going forward.
01:02:52Make sure this doesn't happen again.
01:02:54The truth always comes to light.
01:02:56I always say if you choose to get a breed of dog, that's your choice.
01:03:01And if the dog, for some reason, and dogs can go off, tax you, that's, you're a grown-up, you've made a conscious choice.
01:03:09But when you bring a dog that has the potential of causing serious physical injury or death into a house with young children,
01:03:17I actually think that that should be an absolute liability for people who do know that certain dogs have the capacity to maim.
01:03:26And despite that, they choose that dog and bring a dog into a house with toddlers and infants.
01:03:34I just think that that's so irresponsible.
01:03:37I have a draw full of those.
01:03:40I have seen it.
01:03:41I know you too.
01:03:42Of those cases that just are heartbreaking.
01:03:44My friend, Christopher Kennard, refuses to give her title to her truck.
01:03:50Christopher is countersuing Brandons for wrongfully claiming their daughter on her taxes.
01:03:55You've claimed the child as a deduction on your tax returns?
01:03:58Yes, Your Honor.
01:03:59You had no right to do that, I don't think.
01:04:01Lexi, tell me what the IRS says about claiming a child as a dependent.
01:04:07It's the custodial parent, which is the one that the child has lived with a greater number of nights during the year.
01:04:12So far, he's the custodial parent.
01:04:14Do you work?
01:04:16Right now, I'm disabled.
01:04:17So you get disability, how much?
01:04:19No, ma'am, I'm still waiting on that.
01:04:20Who do you live with?
01:04:21Right now, I live with my uncle.
01:04:22And your daughter lives with you?
01:04:23Yes, ma'am.
01:04:24So who's supporting you?
01:04:26Right now, I'm running out of funds, but I've been supporting us both, me and my daughter.
01:04:29Okay.
01:04:30Lexi, does it say how much the deduction is?
01:04:33Not on this side, it doesn't, but I can check.
01:04:35Yeah.
01:04:35I think it's $2,500, but I'm not sure.
01:04:38While he's looking that up, Ms. Priar, what made you think that you could claim this child as a deduction on your tax returns?
01:04:44There was not a custody agreement at the time, and I was trying to get her full time.
01:04:50I would be trying to fix a lot of things, including the fact that I'm short and my roots grow out much sooner than I would like them to grow out.
01:05:00But that doesn't mean that it happens.
01:05:04Do you understand?
01:05:05Yes, Your Honor.
01:05:06I'm trying.
01:05:07I won.
01:05:07I was thinking.
01:05:08So you understood when you claimed her as a deduction on your tax returns that it was the wrong thing to do.
01:05:17You were not supporting her, and she was not in your custody.
01:05:20I did do some research on it, but since there wasn't a custody agreement, we would flip-flop each year.
01:05:27Who said flip-flop?
01:05:28Why would you flip-flop?
01:05:29You're neither supporting her or does she live with you?
01:05:32Why in the world would you think that you were entitled to claim her on your tax returns?
01:05:37You're right.
01:05:37You're right.
01:05:37Of course I'm right.
01:05:41Hustler.
01:05:43Lexi, you're going to give me a figure in a second.
01:05:45I'm going to move on.
01:05:46Okay?
01:05:47So that's an easy for you, Sarah.
01:05:49You're going to get that money back.
01:05:51Your claim is that you had a truck that you took.
01:05:55It wasn't your truck.
01:05:57It was a truck that was either in both your names or in just his name that you took when you left in 2021.
01:06:03You want the title to it.
01:06:05Yes.
01:06:05Okay.
01:06:06So in whose name is this truck?
01:06:09The title doesn't have a name?
01:06:11Title always has to have a name.
01:06:13Do you have the title to the truck?
01:06:14No, ma'am.
01:06:14It's in the broker's name still because $300 is still owed on it, which I didn't pay.
01:06:18So that was...
01:06:18Well, that's a lien.
01:06:20That's usually a lien.
01:06:21You have a number?
01:06:22It's $2,000 per qualifying dependent.
01:06:25Okay.
01:06:25Great.
01:06:26Now, when was the truck purchased?
01:06:28Purchased it in 2020, 21?
01:06:32It was 2020, Your Honor.
01:06:332020.
01:06:34Now, she took the truck with her when she left.
01:06:37No, ma'am.
01:06:38When did she take the truck?
01:06:39She left in my Toyota 4Runner, was gone for two weeks, never called about our child or anything.
01:06:43That was in 2020?
01:06:45Mm-hmm.
01:06:45Or 2021?
01:06:46When she left.
01:06:47That was in 2021?
01:06:48Yes, ma'am.
01:06:49Okay, so she took the 4Runner.
01:06:51Yes, ma'am.
01:06:51So you had two cars.
01:06:52You had this truck and a 4Runner.
01:06:54Yes, ma'am.
01:06:55When you left in 2021, did you...
01:06:58Yes or no?
01:06:59Did you take the 4Runner?
01:07:01Yes.
01:07:02What happened to the 4Runner?
01:07:03I brought it back the next night, in the middle of the night, and I left the keys in the cup holder
01:07:08because he had to be at work, even though I left...
01:07:11Just a second.
01:07:12So...
01:07:12Sorry.
01:07:13So you took the 4Runner when you left, and according to you, you brought it back, and
01:07:22then you took the truck.
01:07:23Yes.
01:07:24What did you take the 4Runner for to begin with?
01:07:26Because I had gone to a meeting that night before AA, and I went to a meeting, and they
01:07:34gave me support to leave him because he was very emotionally...
01:07:37Would you please tell me what you took the 4Runner for?
01:07:40Because I went to the meeting in the 4Runner.
01:07:42That's an answer.
01:07:43And you left.
01:07:44Yes.
01:07:45You didn't go back.
01:07:46You just left in the 4Runner.
01:07:48Correct.
01:07:49On what date?
01:07:50June 27th, 2021.
01:07:52Now you want to tell me what happened to the 4Runner?
01:07:55Be very careful.
01:07:57Real careful.
01:07:59What happened to the 4Runner?
01:08:00Yes, Your Honor.
01:08:01Be very careful.
01:08:02Yes.
01:08:03Really careful.
01:08:05Okay.
01:08:05I returned it the next night, in the middle of the night, and I...
01:08:09In the same condition as when you took...
01:08:11Yes.
01:08:11In the same condition as when you took it...
01:08:15Yes, Your Honor.
01:08:15...you returned the 4Runner.
01:08:17Correct.
01:08:17And you took the truck.
01:08:19Yes, Your Honor.
01:08:20Why?
01:08:21Because I already had suitcases in the truck packed.
01:08:24Why didn't you just take the suitcases out of the truck and put them in the 4Runner?
01:08:28Because I drove the truck every day to work.
01:08:31He would drive the 4Runner.
01:08:32I would drive the truck.
01:08:33So that's why they were in there.
01:08:35But I took his car to the meeting.
01:08:37So you were planning...
01:08:38No.
01:08:40Yes.
01:08:41Yeah.
01:08:42So you were planning on leaving before you went to the meeting.
01:08:47If you packed your suitcases and left them in the truck and then went to your AA meeting
01:08:54and didn't return home, then you were planning on leaving him before you went to the meeting.
01:09:01Correct.
01:09:02I had him in there for about a month.
01:09:04Well, who was using the truck?
01:09:05Just you?
01:09:06Yes.
01:09:06Well, if just you were using the truck, I still am not understanding why you took the 4Runner.
01:09:12I'm not recalling that day either.
01:09:16I just went to my meeting and then...
01:09:18You're not recalling that?
01:09:20Right.
01:09:21I just remember...
01:09:21When she left, did you take the 4Runner?
01:09:23Yes, ma'am.
01:09:24And the truck had absolutely no suitcases or anything in it.
01:09:27Because I had just taken it to a mechanic several days before to have the...
01:09:30I think it was the engine block looked at.
01:09:32No, the radiator, excuse me.
01:09:33They were going to have to replace it.
01:09:34What happened to the 4Runner?
01:09:36She left in the 4Runner and two or three weeks later, not days, she brought it back at three
01:09:41or four in the morning, the valves were shot, somebody had been running it hard all night.
01:09:46Basically, she drove it for, I don't know, two days, a week.
01:09:48I can't remember the amount of time, but she burned out the motor.
01:09:51She didn't put any oil in it or anything.
01:09:53Where is that car now?
01:09:54I ended up selling it for $500 because I couldn't really afford it.
01:09:574Runner.
01:09:58Okay.
01:09:58And she took the truck?
01:10:00Yes, ma'am.
01:10:01Okay.
01:10:01And you want the title to the truck?
01:10:03Yes, ma'am.
01:10:04You have the truck?
01:10:05Yes.
01:10:05Who bought the truck?
01:10:07We did.
01:10:07We bought two cars in 2020 with our stimulus checks.
01:10:11We bought a, I'm sorry, an F-150, the truck that I currently drive, and a Ford Escape
01:10:17that he wrecked during the freeze.
01:10:19And then he sold the Escape, bought the 4Runner, but he drove the 4Runner to work because his
01:10:25job was further than mine.
01:10:27So gas mileage, that's why I drove the truck.
01:10:29When you returned the 4Runner, was it the next day or was it weeks later?
01:10:33The next day.
01:10:34I have a witness.
01:10:36The fiance?
01:10:36The fiance?
01:10:37Yes, he was witness to all of it.
01:10:38I don't care what he says.
01:10:39I don't care what he says.
01:10:41Okay.
01:10:44If the plaintiff pays off the broker, which is what, $300 left?
01:10:51Are you prepared to sign the title over to her?
01:10:53It's not her vehicle, so why would I want to sign my title over to her?
01:10:56I have text messages telling you.
01:10:58The only reason she has the title, period, is I needed my daughter's birth certificate,
01:11:01which she refused my daughter to have.
01:11:03There, there.
01:11:03I don't care.
01:11:04No.
01:11:04No.
01:11:04No.
01:11:05No.
01:11:05I mean, no.
01:11:06No.
01:11:07No.
01:11:07Second.
01:11:08No.
01:11:09No.
01:11:09No.
01:11:09No.
01:11:10Yeah.
01:11:11No.
01:11:11No.
01:11:12No.
01:11:13No.
01:11:13No.
01:11:13No.
01:11:15No.
01:11:16Yeah.
01:11:28No.
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