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00:00:00You had some sort of a problem in a shower in your house.
00:00:04Yes, Your Honor.
00:00:05The damage to her wood floors resulted the day after he touched it.
00:00:10When you left on the 29th without having put in an appropriate part
00:00:15because you couldn't find it,
00:00:17this leak which caused you to turn off the water
00:00:21because it was a pretty significant leak,
00:00:24you turned the water back on.
00:00:25The reason why I turned the water off
00:00:27because you had to take the cartridge out.
00:00:29If I left the water on and took the cartridge out, what do you mean?
00:00:32Listen, Mr. Shelton.
00:00:33I know.
00:00:33Mr. Shelton, Mr. Shelton, you're not being a two-processed thinker, sir.
00:00:37Let me explain something to you.
00:00:39I came to California from Connecticut
00:00:41to the place where we live in California.
00:00:43I walked into the master bath, to the toilet.
00:00:47Et voila!
00:00:48I see a puddle of water around the toilet.
00:00:50I say to myself,
00:00:51Self, you went to law school.
00:00:53You don't know what this is.
00:00:54But it's not a leak that's coming from the back.
00:00:57It's a leak that looks like it's coming from the bottom.
00:00:59So I called engineering.
00:01:01Fortunately, I live in a place where somebody will come up.
00:01:05They came up right away.
00:01:06The first thing they did was turn off the water.
00:01:09Smart, just like you did.
00:01:11Then they opened up the problem,
00:01:13looked at the problem, and said,
00:01:15We need a part.
00:01:16Unfortunately, those are not the same parts
00:01:18that we keep in the hotel.
00:01:21We'll have to order it.
00:01:23Turned off the water.
00:01:24Use a different bathroom for the two, three days
00:01:27it needs to get the part.
00:01:29You weren't there.
00:01:30So just pay attention to me, Mr. Foy.
00:01:32You weren't there.
00:01:33I'm just letting you know what common sense is
00:01:37living on the planet for a long time.
00:01:39If you have a leak that's caused by a faulty part,
00:01:43and you don't fix the part
00:01:44because you don't have the part,
00:01:46you turn the water off.
00:01:48Yeah, I'd point something out.
00:01:49He had to turn off the water to the whole house
00:01:51because there is no shutoff to the shower.
00:01:54Just a second.
00:01:54He had turned the water off to the whole house,
00:01:56and he put this cartridge back
00:01:58before he turned the water on.
00:01:59What difference does it make
00:02:00if he put the cartridge back?
00:02:01He has taken the cartridge apart.
00:02:04No.
00:02:04In order to see what it was.
00:02:05He took it out of the wall.
00:02:07He took it out of the wall,
00:02:08but it does not take it apart.
00:02:08Mr. Shelton, if your employee,
00:02:10and if what you're saying is accurate,
00:02:11which I don't actually think is accurate
00:02:13because every room in a house
00:02:15usually has a turnoff valve,
00:02:16especially in the bathroom,
00:02:17so you don't have to turn off all the water
00:02:19to the kitchen and to other bathrooms, perhaps.
00:02:22If there's a problem in the shower,
00:02:24there's a master lever for the whole house,
00:02:26and then there are smaller levers for each.
00:02:29For everything except the shower, ma'am.
00:02:31What do you mean for everything except the shower?
00:02:33The shower does not have an individual shutoff.
00:02:35You do indeed have to shut off the water to the house.
00:02:38The vanities, the toilets,
00:02:39all have individual angle stops,
00:02:41but the shower does not.
00:02:42Were you ever at the house?
00:02:43No, ma'am.
00:02:44No.
00:02:44You were never at the house?
00:02:45No, ma'am.
00:02:46How many square feet is your house?
00:02:48It's 2,500.
00:02:49It's a substantial house.
00:02:50So you're telling me in a 2,500-square-foot house,
00:02:53if you have a leak in the shower,
00:02:55you have to turn off all the water
00:02:57if you want to turn off the shower water.
00:02:59Yes, ma'am.
00:02:59That's absolutely correct.
00:03:01That's absolutely correct.
00:03:01Having not been there...
00:03:02Yes, ma'am.
00:03:03I build houses.
00:03:04No, no, no, no, no, no, no.
00:03:05I don't care whether you build...
00:03:06You weren't in that house.
00:03:07This has no shutoff, ma'am,
00:03:09other than the whole house.
00:03:10You have to shut the water to the house off
00:03:12to shut that off.
00:03:13Okay.
00:03:13So now here's my question.
00:03:15Did you tell the plaintiff
00:03:17that she had two options,
00:03:19either to shut the water off
00:03:21in the whole house
00:03:22until you could get a part
00:03:23because there was still a leak,
00:03:25or you could leave it on,
00:03:27but you have to watch it
00:03:28because according to you,
00:03:29the water was substantial
00:03:31that was coming out.
00:03:32She said it was a trickle.
00:03:33You said, oh, no, no, no, no.
00:03:34It was a steady stream of water,
00:03:37and that was before
00:03:38you started messing with it.
00:03:40So my question to you is,
00:03:41did you tell her
00:03:42that those were her options?
00:03:44She's not a plumber,
00:03:45that you either had to turn off
00:03:46all the water in the house,
00:03:48and you would return the next day
00:03:49with a part,
00:03:50or you could leave the water on,
00:03:52but it was still going to be leaking.
00:03:53Did you tell her that?
00:03:55Yes.
00:03:55It was still leaking.
00:03:56No way.
00:03:56It would still be leaking
00:03:57because it was leaking.
00:03:58No way, Mr. Shelton.
00:04:00No way did you tell her that.
00:04:02No way did you say to her,
00:04:04this shower is still going to be leaking
00:04:06because I can't shut the water off
00:04:08just to the bathroom.
00:04:09I have to shut off
00:04:10all the water in the house.
00:04:11If you're trying to sell me that story,
00:04:13I have a bridge I want to sell you
00:04:14because I don't believe it.
00:04:16There's no way to isolate that valve?
00:04:17I didn't ask you that.
00:04:18When it comes to the shower...
00:04:20You were never there.
00:04:21Or the tub.
00:04:22Just a second.
00:04:22You can't turn it off individually.
00:04:24You were never there.
00:04:27I have this question for you.
00:04:28How many bathrooms
00:04:29do you have in your house?
00:04:30Three.
00:04:31When he left the first time
00:04:33and he shut the water off,
00:04:34did he indicate to you
00:04:35that you couldn't use the water
00:04:36anywhere in the house?
00:04:38Yes.
00:04:38I believe he told me at first
00:04:40that he was going to shut off
00:04:41the water to the house.
00:04:42Okay, so you knew.
00:04:43So you couldn't use any other
00:04:45of the toilets in the house?
00:04:46No.
00:04:46Okay.
00:04:47You may be getting better.
00:04:48When he left,
00:04:50did you use the bathroom?
00:04:51The answer is yes.
00:04:52Yes.
00:04:52So you knew that the water
00:04:54had been turned back on?
00:04:56Oh, absolutely.
00:04:57In the house.
00:04:57Just a minute.
00:04:58So you knew the water
00:04:59had been turned back on in the house
00:05:01even though he didn't tell you
00:05:02I'm turning it back on.
00:05:03You knew.
00:05:04And you knew that he hadn't
00:05:05fixed the problem.
00:05:07Correct.
00:05:08So you knew that
00:05:09you better watch this,
00:05:10which is why you called
00:05:12your contractor
00:05:13to come and look at it.
00:05:14Correct.
00:05:15You're getting better,
00:05:16Mr. Foy.
00:05:16You're coming into
00:05:17a better place, you see?
00:05:19Things work themselves out.
00:05:20Now you know
00:05:21that the water
00:05:22is still dripping.
00:05:23You know that there's
00:05:24still a leak.
00:05:25Correct.
00:05:26You know that if
00:05:27you use the water,
00:05:29that water is still
00:05:30going to be a steady stream
00:05:31coming out.
00:05:32You didn't get another
00:05:34plumber there until when?
00:05:35The next morning.
00:05:36Well, that's your contractor.
00:05:37You said he came the next morning.
00:05:38No, I got a plumber there
00:05:39the next morning.
00:05:40Okay.
00:05:41Okay.
00:05:41And they came,
00:05:42and did they fix the valve?
00:05:43They had to open the wall
00:05:45to cap off
00:05:47the hot and cold water.
00:05:48So it was a big job.
00:05:50It was huge.
00:05:51I neglected to say it
00:05:52in the beginning,
00:05:53but when he took
00:05:54the shower valve off,
00:05:56he looked in the wall
00:05:57and he said,
00:05:57it's dry in there.
00:05:58You're lucky.
00:05:59So that next morning
00:06:01when I walked
00:06:01into the master bedroom
00:06:03and I was walking in wet,
00:06:05I did call the Skype.
00:06:06Boys.
00:06:07Mm-hmm.
00:06:07Now tell me where you felt it
00:06:09when you walked
00:06:09into the master bedroom.
00:06:10Do you have wood floors
00:06:11there or carpet?
00:06:12It's all wood.
00:06:12And it was right as I got
00:06:14to where the bathroom
00:06:15and the master bedroom meet.
00:06:19There's no door.
00:06:20So it was outside
00:06:21that it was wet.
00:06:23I thought my dog
00:06:24had an accident on the floor.
00:06:26And prior to the 29th,
00:06:29it's not getting
00:06:30to look good for you again.
00:06:32Prior to the time,
00:06:33Mr. Shelton.
00:06:34May I clarify?
00:06:35The room that she's talking about,
00:06:37the shower's here.
00:06:38Robbie's working in the shower
00:06:39where it's all tile.
00:06:41You weren't there.
00:06:41And we never went
00:06:42into her bedroom.
00:06:43Yes, you did.
00:06:44You have to.
00:06:45You can't tell me that
00:06:46because you weren't there.
00:06:47Is the bathroom adjacent
00:06:49to the bedroom?
00:06:50So to get to the master bathroom,
00:06:52you have to walk
00:06:53into the master bedroom
00:06:55and make a left.
00:06:57Okay.
00:06:57Now, Mr. Shelton,
00:06:58you recall saying
00:06:59to the plaintiff,
00:07:00when you looked in the wall,
00:07:01you're lucky it's dry in here?
00:07:03I said it looks dry.
00:07:04I'm not...
00:07:05Just a second.
00:07:07Mr. Shelton,
00:07:07you wouldn't have said to her,
00:07:08it looks dry in here.
00:07:09I'm not an expert.
00:07:10An expert on water damage.
00:07:11Did you say...
00:07:12Yeah, I didn't...
00:07:12There was...
00:07:13You can't really see
00:07:14into that wall
00:07:14because it's tiled, right?
00:07:15You can't really look
00:07:16into the wall
00:07:17unless you open it,
00:07:18but there was no reason
00:07:18for me to open it.
00:07:19Evidently, you're wrong.
00:07:21Either you were wrong
00:07:22that it was dry
00:07:22or when you put the thing
00:07:24back together against...
00:07:2564, Ritter versus
00:07:26McNally-Klingenberg.
00:07:29You're welcome.
00:07:31Mr. Ritter,
00:07:32you own a piece of property.
00:07:34That is correct,
00:07:34Your Honor.
00:07:35And it's a residential
00:07:36piece of property?
00:07:37That is correct.
00:07:38And you use it as a business?
00:07:39That is correct.
00:07:40I would assume
00:07:41that this is your tenant?
00:07:43That is correct.
00:07:44Perfect.
00:07:45Could you stand up
00:07:47next to Mr. Ritter?
00:07:47What is your last name?
00:07:49Mason.
00:07:49Mason.
00:07:51These are your neighbors
00:07:52across the street?
00:07:53Yes.
00:07:54I ask this side by side.
00:07:56So you're side by side,
00:07:57not across the street?
00:07:58I live across the street.
00:07:59Now, there came a time,
00:08:01Miss Mason,
00:08:02that you heard something
00:08:04that was unusual.
00:08:06Can you describe
00:08:06what you saw?
00:08:08I was startled
00:08:09by the sound
00:08:09of a big thud
00:08:10and my dog freaking out
00:08:11and ran to the window.
00:08:13And so I jumped up,
00:08:14ran to the window
00:08:15where the dog as well
00:08:16was running toward
00:08:17and looked out the window
00:08:18and seen the truck
00:08:19that had just hit
00:08:20the air conditioning unit.
00:08:22Can you describe the truck?
00:08:23A white truck pickup.
00:08:24Had you seen that car before?
00:08:26Yes,
00:08:26in the driveway next door to me.
00:08:27So in his driveway?
00:08:28Yes.
00:08:29Did you see
00:08:29who was driving the truck?
00:08:31I did.
00:08:31Was it Mr. McNally?
00:08:33It was not.
00:08:33Who was it?
00:08:34The young lady beside him,
00:08:35friends across the street.
00:08:36Klingenberg.
00:08:37Yes.
00:08:37When you looked outside,
00:08:39what did you see
00:08:39the truck do next?
00:08:41As I looked out the window
00:08:42and made eye contact,
00:08:43I seen...
00:08:44With her?
00:08:44Yes.
00:08:45I seen Jeff
00:08:45at the back end
00:08:46of the truck
00:08:47right by the AC unit
00:08:48kind of backing her off
00:08:49a little bit,
00:08:50kind of gave her a raised hand.
00:08:50So he was out there as well?
00:08:52Yes.
00:08:53Positioned behind the truck.
00:08:54What did you do?
00:08:55Well,
00:08:55I jumped up
00:08:56and then I ran
00:08:57and actually grabbed my phone
00:08:59to take pictures
00:09:00because I did not want
00:09:01to be responsible
00:09:02for what had just happened
00:09:03to the air conditioning unit
00:09:04because I could tell
00:09:04it had been moved and hit.
00:09:05Do you have those photographs?
00:09:07I did send those to Bob.
00:09:08He has pictures of those.
00:09:10Kevin?
00:09:11Yes.
00:09:11Want to get them?
00:09:12I immediately text Bob as well.
00:09:14This is...
00:09:14So that day,
00:09:16the 20th of August,
00:09:17you went,
00:09:17took photographs of the truck?
00:09:19Yes, ma'am,
00:09:20and the yard
00:09:20and the air conditioning unit.
00:09:22Okay.
00:09:22Mr. McNally.
00:09:32Yes, Your Honor.
00:09:33Where had you been camping?
00:09:34We were camping
00:09:35in a place called McCall, Idaho.
00:09:38Aside from you
00:09:39and Miss Klingenberg,
00:09:40who were there?
00:09:40My son.
00:09:41See how easy this is?
00:09:44It's going to get easier.
00:09:46Do you understand?
00:09:48Okay.
00:09:49Now, is this your girlfriend?
00:09:51Yes.
00:09:52Okay.
00:09:52Now, we got that clear.
00:09:54This is your girlfriend.
00:09:55You and your girlfriend
00:09:56were camping.
00:09:56Your son was with you.
00:09:58And what you were doing that day
00:10:00was you were trying
00:10:01to unload the truck
00:10:03with the camping gear, correct?
00:10:06Correct.
00:10:06Is the camping gear heavy?
00:10:08Yes.
00:10:08So somebody was driving the truck
00:10:11and somebody was schlepping
00:10:14the stuff out of the truck
00:10:15to put it away, right?
00:10:17Correct.
00:10:18Now, Mr. McNally,
00:10:20you don't want me to believe
00:10:22that either you or stand up,
00:10:26stand up,
00:10:27or this guy
00:10:28were just twiddling your thumbs
00:10:30and you backed up the truck
00:10:32so that you left Miss Klingenberg
00:10:34to empty the truck, right?
00:10:36You don't want me to believe that.
00:10:38No.
00:10:38Because that wouldn't be true
00:10:40and that would be foolish
00:10:41and that would make you
00:10:42certainly unchivalrous, right?
00:10:45Correct, Your Honor.
00:10:45Okay, so when you were first
00:10:47confronted with this,
00:10:49you said,
00:10:49oh, my girlfriend wasn't driving,
00:10:51right?
00:10:52Right.
00:10:52So let's get it straight now
00:10:54because that's what you wrote
00:10:55here in your answer.
00:10:56Oh, my girlfriend wasn't driving,
00:10:57my son was driving.
00:10:58That's not true.
00:10:59I don't know why you would
00:11:02choose to say my son was driving,
00:11:04not my girlfriend,
00:11:05unless she doesn't have
00:11:06a driver's license
00:11:07because otherwise
00:11:08there'd be no difference
00:11:09whether your truck
00:11:10was being driven by you
00:11:12or your son
00:11:13or your girlfriend.
00:11:14Do you understand?
00:11:15No difference.
00:11:16Your truck being driven
00:11:18with you around
00:11:19hit his air conditioning unit.
00:11:22So what difference does it make?
00:11:23You have a driver's license?
00:11:24I do not.
00:11:25There you go.
00:11:26Perfect.
00:11:28I was not driving, Your Honor.
00:11:30Yes, you were.
00:11:32Yes, you were.
00:11:33You were driving
00:11:33and he says you were.
00:11:35You see, and he says you,
00:11:37just a second,
00:11:38you didn't see his face just now.
00:11:40He says you were.
00:11:41Now, how did I know
00:11:42you didn't have
00:11:43a driver's license?
00:11:45Do you have
00:11:45a driver's license?
00:11:46Yes.
00:11:47Yes!
00:11:49But how did I know
00:11:50you didn't?
00:11:52Where do you think
00:11:52I got that from?
00:11:54I got that from common sense
00:11:55because Mr. McNally
00:11:58doesn't look like
00:11:59a stupid man
00:12:00and there would be
00:12:01really no difference
00:12:02if he drove the car,
00:12:03you drove the car,
00:12:04the son drove the car,
00:12:05the car,
00:12:06his car caused damage.
00:12:07But in order to perhaps
00:12:10have insurance cover it
00:12:12if he had insurance
00:12:13on the truck,
00:12:14do you?
00:12:14My insurance
00:12:15had actually elapsed.
00:12:17Okay.
00:12:17So it really didn't
00:12:19make any difference.
00:12:20If you had no insurance,
00:12:21you could have said
00:12:22she was driving.
00:12:24But didn't think that far.
00:12:27Okay, so that's why
00:12:28we're here.
00:12:29We're here because
00:12:29you let an unlicensed driver
00:12:32drive your truck
00:12:33that was uninsured
00:12:34that you took
00:12:34on a camping trip.
00:12:35Is this coming together
00:12:36for me?
00:12:37It's close.
00:12:38So now we got that straight.
00:12:41Right?
00:12:41The next thing
00:12:42we have to take care of
00:12:43are the damages.
00:12:44I see that the outer part
00:12:46of this air conditioning unit
00:12:48was definitely hit.
00:12:50Now the outside
00:12:51is merely a cover.
00:12:53So I need some evidence
00:12:55that this damage
00:12:57that he caused
00:12:59while she was driving
00:13:01damaged the mechanism
00:13:03of the air conditioner
00:13:04because you replaced
00:13:05the unit
00:13:06and you want him
00:13:07to be responsible
00:13:08for the unit.
00:13:09Right?
00:13:09That is correct,
00:13:10Your Honor.
00:13:10I have to see a photograph
00:13:12because I don't have
00:13:12this photograph
00:13:13of the inside of this.
00:13:15I just have the photograph
00:13:17of the cover.
00:13:18I do not have
00:13:19the inside
00:13:20but I do have
00:13:21from two HVAC companies
00:13:23that did go out
00:13:24to service it.
00:13:25One that did
00:13:26the replacement.
00:13:27The other that came out
00:13:28second opinion
00:13:30as Jeff had asked
00:13:32us to do
00:13:32which we did.
00:13:33Okay.
00:13:34I'd like to see it.
00:13:36This will be the second
00:13:37and this is the actual
00:13:38invoice for payment.
00:13:46Oh, this is
00:13:47the second opinion.
00:13:48This says
00:13:49second opinion call
00:13:50four-year-old
00:13:51Goodman air conditioning unit
00:13:52has been backed into.
00:13:53The unit has permanent damage
00:13:55to the condenser coil.
00:13:56Well, that's the unit itself.
00:13:58That's just not
00:13:58the lipstick on it.
00:14:00That's the guts of it.
00:14:02This says immediate repair
00:14:03to replace condenser coil
00:14:05and damaged panels.
00:14:07$39.61.
00:14:08Correct.
00:14:09Replacing the unit
00:14:11instead may be
00:14:12an option to consider
00:14:14and to do the whole job.
00:14:17What did he want?
00:14:17$5,000?
00:14:18The other side.
00:14:19$34.50
00:14:20to replace
00:14:21the identical unit.
00:14:22Okay.
00:14:23It was less money
00:14:24to replace it.
00:14:26To replace it to repair.
00:14:27Correct.
00:14:27Okay.
00:14:28Do you understand that now?
00:14:29Yeah.
00:14:30Okay.
00:14:31Thank you, Garrett.
00:14:31So, based upon your request,
00:14:33he got a second opinion.
00:14:34Second opinion
00:14:35was for more money
00:14:36to repair.
00:14:37He chose
00:14:38the lesser
00:14:39of the two,
00:14:40which is to
00:14:41replace the unit.
00:14:42The ball is in your court, sir.
00:14:48Garrett was actually driving.
00:14:49I don't believe it.
00:14:50You've had some time
00:14:51to reprocess it all.
00:14:52You would have had
00:14:53the boy,
00:14:54that's what you raised them for,
00:14:56strong boys.
00:14:56You wouldn't have said,
00:14:58well, you just sit in the car
00:14:59while my girlfriend
00:15:00unloads it.
00:15:01Take care out of your eyes
00:15:02so I can see your eyes.
00:15:04Perfect.
00:15:04And later today.
00:15:06I want to know
00:15:07how much you received
00:15:08from the insurance.
00:15:09The insurance check
00:15:10went to you
00:15:12to cover the damage
00:15:13to the car.
00:15:14Correct.
00:15:15I'd like to see
00:15:16the check receipt
00:15:17that you received
00:15:18from the insurance company.
00:15:32Look,
00:15:33we're going to have trouble
00:15:34with each other, madam.
00:15:35Do you understand?
00:15:37This isn't the only check
00:15:38you got from the insurance company.
00:15:40If you're talking about
00:15:41a check in 2020,
00:15:42that has no relevance
00:15:43to 2022 vandalism check.
00:15:45I want to know
00:15:46how much you received
00:15:47from the insurance company.
00:15:48$874.53.
00:15:49Then can you tell me
00:15:50I had a check
00:15:51from the insurance company,
00:15:53which was a little over $1,300
00:15:56from their appraisal.
00:15:57No.
00:15:57That's incorrect.
00:15:58Well, that's what you wrote, madam.
00:16:00That's what you wrote.
00:16:01That's your signature.
00:16:02That's what you wrote.
00:16:03I see the paper.
00:16:04The totaling was $13.74.53.
00:16:07I didn't receive a full $13.74.53 check
00:16:10from my insurance.
00:16:11I received $8.74.53
00:16:13and had to pay my deductible of $500.
00:16:15When you brought your car
00:16:17in to Mr. Warren,
00:16:18tell me what the conversation was.
00:16:20Before I got to him,
00:16:21I let him know what was going on,
00:16:23what I was going through.
00:16:24No, not let him know.
00:16:25I asked you what you said to him
00:16:27and what he said to you.
00:16:28First of all,
00:16:29you didn't like the first place
00:16:30that the insurance company sent you to.
00:16:33I don't know why.
00:16:33All I know is when you're dealing
00:16:35with this kind of thing,
00:16:36everybody's trying to make
00:16:37a little bit extra.
00:16:38And it's been my experience,
00:16:40and maybe I'm wrong,
00:16:41that when you have a little accident,
00:16:42you take your car into a body shop.
00:16:44Very often, if that's their business,
00:16:46they say, this is what you want fixed.
00:16:47This is what the damage was.
00:16:49And the person who runs the body shop
00:16:51or the owner of the body shop
00:16:53will say to you,
00:16:54I'll take whatever the insurance is.
00:16:56I'll work with the adjuster.
00:16:57That's what they usually do.
00:16:59Correct, sir?
00:17:00Yes.
00:17:00Yes.
00:17:01And in this case,
00:17:02is that what happened?
00:17:04No.
00:17:04Is what I'm asking you.
00:17:05Because your complaint is
00:17:07that he has your car,
00:17:08won't give it back
00:17:08because he's put a mechanics lien on it
00:17:10because he says that he did
00:17:12$6,000 worth of work on the car.
00:17:14He did work that was not approved by me
00:17:15or my insurance.
00:17:16Just a second.
00:17:16I'm just telling you.
00:17:18That's what he says.
00:17:18He did $6,000 worth of work on the car.
00:17:21OK.
00:17:22OK?
00:17:22But I have to tell you, Mr. Warren,
00:17:24that that has been my experience.
00:17:26And I'm very old.
00:17:27That when you take a car in that's been in an accident,
00:17:30they say, you know what?
00:17:31I work with your insurance company.
00:17:33And we all know what that means.
00:17:35That means that whatever your insurance company gives you,
00:17:39they'll send me the check.
00:17:40That will be what I'm going to accept for the work.
00:17:44Now, what you're suggesting is that she authorized you
00:17:48to do $6,000 worth of work.
00:17:51And you didn't speak to the insurance company.
00:17:53I spoke with them plenty of times.
00:17:55Oh.
00:17:55What did they tell you that they were sending her?
00:17:58I have it here.
00:17:59I'd like to see it.
00:18:00I have three estimates here.
00:18:02No, no.
00:18:03I want to see from the insurance company.
00:18:05No, they're the insurance company estimates, not mine.
00:18:08I'd like to see it.
00:18:09OK.
00:18:09Here's the first one.
00:18:10Like she said, when she first brought her car to me,
00:18:13she had this one already for $873,000.
00:18:15OK?
00:18:16So then what we do when we see more damage,
00:18:18we put what you call a supplement in.
00:18:20So I put a supplement in.
00:18:21And that's when they told me she has two claims.
00:18:24She has a claim for the auto body damage
00:18:26and a claim for the vandalism.
00:18:27The $874,000 is for the vandalism.
00:18:29If you look at these other two estimates,
00:18:31it's a totally different claim number.
00:18:32May I see it, please?
00:18:33That she put the claim in for.
00:18:35So these other two are for the auto body portion.
00:18:39Not for the vandalism?
00:18:40No.
00:18:40It's two different claims.
00:18:42When she brought you the car,
00:18:44was there body damage on the car?
00:18:46Absolutely.
00:18:47This is how the car looked when she brought this to me.
00:18:48Can I see?
00:18:48I'm not just talking about that.
00:18:49Can I see, please?
00:18:50This is how her car looked when she brought it to me.
00:18:52Oh, Ms. Cosby, I have a feeling that you're not
00:18:55going to like the outcome of this.
00:18:56Oh, no, I'm legit all the way around, so.
00:18:58Oh, really?
00:18:59Those are the afterword pictures.
00:19:00Just a second.
00:19:01Just a second.
00:19:02This car was in a bad accident.
00:19:03Yes, correct.
00:19:04This car was in a bad accident.
00:19:06Hey, this car was in a bad accident
00:19:08shortly after you got it.
00:19:09Correct.
00:19:10Right.
00:19:11And you got a check from the insurance company to fix this.
00:19:13Correct.
00:19:14How much was the check that you got from the insurance
00:19:17company to fix this?
00:19:18The totaling amount, I'm not sure,
00:19:20but I think it was like 2001 or 2002.
00:19:23And you didn't have it fixed.
00:19:25No one wanted to fix it.
00:19:26Well, he fixed it.
00:19:27Just a second.
00:19:28Hey, Ms. Cosby, he fixed it.
00:19:30Without my approval.
00:19:32What did you do with the $2,000?
00:19:34Oh, I paid my own personal bills,
00:19:35because no one wanted to fix the car,
00:19:37so I have to keep living.
00:19:40Your case is dismissed.
00:19:41OK.
00:19:42How's that?
00:19:43Your case.
00:19:44Hustler.
00:19:45Oh, it's not a hustler at all, man.
00:19:47Hustler.
00:19:47Absolutely, absolutely a hustle.
00:19:50I actually think you're a hustle.
00:19:52That's why I'm not helping you.
00:19:53That's fine.
00:19:53Because you had an accident in 2020.
00:19:56You got a check from the insurance company to fix it.
00:19:58I don't know how much that check was,
00:20:00because you don't have a copy of that check.
00:20:02You brought the car into him and said,
00:20:03now, I have a broken back window.
00:20:05I have a feeling, and I know it's only a feeling,
00:20:08but this is my program, so I can vent that feeling,
00:20:12that you went to the first place to fix the car,
00:20:14and you said to them, I want you to fix the front and the back.
00:20:16And they said, no, that was for something else.
00:20:18You already got paid for that.
00:20:19That's incorrect.
00:20:20Oh, you went to him.
00:20:21Yeah.
00:20:22I don't believe you.
00:20:23You don't have to.
00:20:24I don't.
00:20:25I don't.
00:20:26That's why your case is dismissed.
00:20:27That's fine.
00:20:28Now I'm getting to your counterclaim,
00:20:30because you put a mechanics lien on the car?
00:20:32Yes, I have it here.
00:20:33Great.
00:20:35So you've got a mechanics lien on it.
00:20:36She can't sell it.
00:20:37I'm not giving it back to her.
00:20:38I'm not ordering it back to her.
00:20:40You have the car?
00:20:41Yes.
00:20:42Sell it.
00:20:43I need that signature on that paper to be able to do so.
00:20:45It doesn't matter.
00:20:46From whom?
00:20:47From her.
00:20:48Or you can sign it just to say.
00:20:49Oh, I can't.
00:20:50To turn over.
00:20:50Oh.
00:20:51To say she has no more interest in the car.
00:20:53I can't.
00:20:53She does have an interest.
00:20:54The car's got a lien on it, sir.
00:20:56Absolutely.
00:20:56OK?
00:20:57You're going to have to pay off this note.
00:20:59Do you understand?
00:21:00I don't think you're going to be able to get the money
00:21:03after you pay off the note.
00:21:05But you fixed the car.
00:21:06Absolutely.
00:21:07And I think that you're entitled to money for fixing
00:21:09the car on your counterclaim.
00:21:11She's going to pay on your counterclaim,
00:21:13because I'm not sure whether you're
00:21:14going to be able to get any money on this car.
00:21:17I don't know what's going to happen with this car.
00:21:18I'm just not returning it to her.
00:21:20Do you understand?
00:21:21Yeah.
00:21:21I'm going to try to make you as close to whole as you can
00:21:24be, because I think what happened to you was a hustle.
00:21:28That's what I think.
00:21:29Usually, I don't side with mechanics.
00:21:34It's just been my experience.
00:21:36But I think that I'm glad you changed today.
00:21:39I think that this is a hustle.
00:21:40$3,800, judgment for the defendant on the counterclaim.
00:21:44Thank you very much.
00:21:44It's good.
00:21:45You're done.
00:21:50Oh, I appreciate her decision.
00:21:52I believe she ruled the right decision,
00:21:54because I brought all my paperwork,
00:21:55and it wasn't no other way to rule it.
00:21:58Well, she said she wanted me to help her get her car fixed,
00:22:00and that she was going to get the insurance and pay me
00:22:03like she was supposed to do.
00:22:03But I guess once she got the money, she changed her mind.
00:22:06All mechanics aren't bad.
00:22:09That was a surprise for me.
00:22:10That was.
00:22:11Did not think it was going to go that way
00:22:13when we reviewed it earlier.
00:22:14When we talked about it, I looked at it.
00:22:16When we spoke about it, I said, you know,
00:22:18sort of using my life's history.
00:22:21Take the car in.
00:22:22Don't worry.
00:22:22I'll work with the insurance company.
00:22:24Does a little bit more work.
00:22:25The insurance company sends a check for a little less.
00:22:28But he wasn't at fault.
00:22:29She was the hustler.
00:22:30Yeah, he wasn't trying to make an extra quick buck
00:22:32like a lot of mechanics that we've seen.
00:22:34He did the work.
00:22:35He did the work, because she didn't bring the car in there
00:22:38just for the back windshield.
00:22:41It's a hustle.
00:22:43It seemed that way.
00:22:44As soon as somebody says,
00:22:46oh, that thing from then has nothing to do
00:22:48with why we're here now, immediate red flag.
00:22:51Bing, bing.
00:22:52Yeah.
00:22:53Anyway, I'm glad that worked out.
00:22:54Me too.
00:22:55I'm glad you gave him the money.
00:22:56And she's not going to get her car.
00:22:58Perfect.
00:22:58Are you a victim of a scam?
00:23:02Go to JudyJustice.tv.
00:23:04Hello, Judge.
00:23:05Case number 2040, Harvey v. Kelly.
00:23:08Ms. Harvey, according to what you wrote in your complaint,
00:23:11you've known Mr. Kelly since college?
00:23:14Yes.
00:23:14And you dated in college?
00:23:16Yes.
00:23:16That was more than 30 years ago?
00:23:18Yes.
00:23:19And according to Mr. Kelly, you broke up with him?
00:23:22Yes.
00:23:22In college?
00:23:23And what year was that?
00:23:25Oh, gosh.
00:23:26That was what?
00:23:27Do you remember?
00:23:2792, I believe, Your Honor.
00:23:29Okay.
00:23:30And then somehow you reconnected.
00:23:32I assume you both had lives in between 1992 and 2022.
00:23:37When did you reconnect?
00:23:39In April of 2021.
00:23:41How?
00:23:42Well, he was looking for me, so...
00:23:45He was looking for you?
00:23:47He emailed my best friend.
00:23:49He emailed her business and asked her, well, gave her his number and asked that I call him.
00:23:55So far correct?
00:23:56Yes, Your Honor.
00:23:57So you were interested in seeing her again.
00:23:59In that 30-year period, did either of you have other people in your lives, have children, marry?
00:24:04Yes.
00:24:05You did?
00:24:06Yes.
00:24:07Okay.
00:24:07How long were you married?
00:24:08I was married for 10 years.
00:24:10Have any kids?
00:24:11Yes, two kids.
00:24:12And you, sir?
00:24:1311 years.
00:24:15Have any children?
00:24:15One child, yes.
00:24:16Both divorced?
00:24:17Yes.
00:24:18Okay.
00:24:18That could have made an interesting love story, but it didn't happen.
00:24:22Okay.
00:24:22So you wanted to reconnect with her.
00:24:24You got in touch with a friend of hers through a business number.
00:24:28And you called him?
00:24:29Yes, I did.
00:24:30And that was in April of 2021?
00:24:32Yes.
00:24:33Where did you live at the time?
00:24:34Detroit, Michigan.
00:24:35And you, sir?
00:24:37Colton, California.
00:24:38When was the first time you actually saw each other?
00:24:41April of 2021.
00:24:43You live in Michigan?
00:24:44Yes.
00:24:45But you have a child who lives in California?
00:24:47I do.
00:24:47How old is that child?
00:24:4921.
00:24:49Male or female?
00:24:50Male.
00:24:51And where does he live now?
00:24:52With his dad.
00:24:53When you come down to see him, where do you stay?
00:24:56In the past, sometimes I would stay with his dad, and sometimes I would stay in a hotel.
00:25:00So when you visited him, you either stayed with his father or your ex-husband?
00:25:05Yes.
00:25:05Or stayed in a hotel?
00:25:06Yes.
00:25:07Depending upon the circumstance.
00:25:08Most of the time, did you stay at the house with his father, or most of the time in a hotel?
00:25:13Most of the time, in the past, I stayed in the house with this father.
00:25:18And is this his father's only child as well?
00:25:20We have two children together.
00:25:21Two children?
00:25:22Mm-hmm.
00:25:22Where's the other child?
00:25:23She's in Chicago, Illinois.
00:25:25How old is she?
00:25:2626.
00:25:28So you see her less frequently than you see your son?
00:25:31I probably see them about the same.
00:25:33Do you go to visit her in Chicago?
00:25:35Yes.
00:25:35And you go to visit your son in California?
00:25:37Yes.
00:25:37Okay.
00:25:38So what I'm gathering happened is you saw each other for a while.
00:25:42You thought it was an exclusive relationship.
00:25:44You did not.
00:25:45At first, yes, I did, Your Honor.
00:25:47And then what happened?
00:25:48The last time I saw her was in Detroit.
00:25:50Detroit, and when I returned from Detroit, the girl that I was seeing at the time had disappeared.
00:25:56You mean the girl that you were seeing prior to seeing her?
00:25:58Right, exactly.
00:25:59And I thought the relationship was over.
00:26:01She went deep into Mexico, and I hadn't heard from her.
00:26:05She had to go for some family business.
00:26:06And then she resurfaced once I came back.
00:26:10And once you came back from California on your last trip?
00:26:13Once I came back from Detroit.
00:26:15From Detroit.
00:26:15Spending time with her.
00:26:16To California.
00:26:17And so we started talking again, and I didn't get in contact with her.
00:26:22She was trying to contact me.
00:26:24So you stopped answering her calls?
00:26:26No, not really.
00:26:27I called her, and I let her know that, you know, the girl resurfaced, and that I didn't
00:26:33think it was going to be able to work out between me and her.
00:26:36And that's when the problem came along.
00:26:38The problems with regard to money?
00:26:40Yes.
00:26:41Okay.
00:26:42So this is what your lawsuit is about.
00:26:44So you broke up with her, and at that time, according to you, you had unpaid advances to
00:26:50him for an airline ticket, and car repairs, and some small amount of money for a new grandchild
00:26:57that he had, some baby items.
00:26:58So let's start with the plane ticket.
00:27:00When was the plane ticket?
00:27:01The plane ticket was purchased in May.
00:27:04It was to go and see him for his birthday.
00:27:06Okay.
00:27:07Was this the only time that there was an airfare issue?
00:27:10Who paid for the airfare?
00:27:12Because he would drive most of the time.
00:27:14He drove one time.
00:27:15I flew, and this was the only time that he said he would pay for the ticket.
00:27:19I paid the other time.
00:27:21Okay.
00:27:21Well, tell me about his discussion with you of paying for this ticket in May.
00:27:25Sure.
00:27:26So he wanted me to come for his birthday.
00:27:29When is your birthday?
00:27:30June, Your Honor.
00:27:31And I told him that I was looking for tickets.
00:27:35He said, I want you to come for my birthday.
00:27:37Yes.
00:27:38Now tell me what he said.
00:27:39He said...
00:27:40Tell me what he said.
00:27:41Now don't look over there.
00:27:42Look over here.
00:27:43He said, I'm going to fly my boo thang out.
00:27:45Okay.
00:27:46And?
00:27:47And later, I looked for tickets, and he said, oh, I was going to give you $500.
00:27:54Okay.
00:27:54And you purchased the ticket, and that was in May of what year?
00:27:58That was in May of 2021.
00:28:01We agreed that I would put the ticket on my credit card.
00:28:03And when you got to his home in California, did he give you the $500?
00:28:09He did not give me the $500.
00:28:11When did you ask him for it again?
00:28:13I didn't ask him for it while I was there.
00:28:16And then?
00:28:16And then when I was back home, he told me that he was going to take care of it.
00:28:22He said he was trying to get his money together to come to Detroit, and he was crunching numbers, and he...
00:28:29No, I'm talking about the airline ticket.
00:28:31Right.
00:28:31Then he said, I need to give that money to you this week, right?
00:28:35And I told him I had made a payment on a credit card, and he could have more time.
00:28:40And so he said he would take care of it.
00:28:42He said, I'll take care of it when I'm there the 1st of August.
00:28:45Did he come the 1st of August?
00:28:47He came in August, yes.
00:28:48Okay, and what happened in August?
00:28:50He came in August.
00:28:52We was there.
00:28:53We did not have any discussion about money until he told me that his account was compromised,
00:28:59and somebody owed him some money and didn't give him the money.
00:29:02And so that's when he asked for the second, well, the other loan amount.
00:29:08For the other amount of money.
00:29:10You mean he was in Michigan when he asked for more money?
00:29:14Yes.
00:29:15Well, when he asked for any money.
00:29:17You had never given him money before.
00:29:18Correct.
00:29:19Tell me about it.
00:29:20So he sent me a text message, and he asked if I could go to the credit union and take out a loan for him.
00:29:27I'd like to see that, please, if it was in a text message.
00:29:36Mr. Kelly.
00:29:39Yes, Your Honor.
00:29:40Can you check with your credit union and see if you could get a personal loan for a grand,
00:29:44and I can make payments on it because I don't even have my gas money to get out here.
00:29:50And she responds, I can loan you a grand.
00:29:53Is that all you need?
00:29:55And you respond to her, well, the $500 I'm short would be perfect if you can.
00:30:00$1,500.
00:30:01$1,500, excuse me.
00:30:03$1,500.
00:30:04Yes, Your Honor.
00:30:04Well, what do you think that meant?
00:30:06Hey, baby.
00:30:10You think you can make that loan and even $2,000?
00:30:13No, I'm saying the money wasn't a problem until I dumped her.
00:30:16I don't care if it was a problem a lot.
00:30:18You said it was a loan.
00:30:19Exactly.
00:30:20Great.
00:30:22Pay careful attention.
00:30:23Harassment.
00:30:24This is your case.
00:30:26This is your case.
00:30:26The defendants purchased one of your puppies several years ago.
00:30:30One, yes.
00:30:31And a couple of years later, according to you, they were looking for a second dog.
00:30:36Yes.
00:30:37Did they contact you?
00:30:38Yes.
00:30:39By phone?
00:30:40Through messaging.
00:30:41Which you have?
00:30:42Yes.
00:30:43Okay.
00:30:44And I will take a look at it at an appropriate time.
00:30:47That they were looking for, I think they were looking for a male.
00:30:50They had had a female.
00:30:51Correct.
00:30:52And you were prepared to accommodate that.
00:30:54Did you give them the price for the dog?
00:30:55Yes.
00:30:56What was that?
00:30:57At the time, it was $800.
00:30:58And after certain discussions with them, was that price ever modified?
00:31:02Yes, it was.
00:31:03To what?
00:31:04Angela thought that the $800 was a little expensive and...
00:31:08How much had they paid for the first dog?
00:31:11$500.
00:31:12Okay.
00:31:12The reasoning being, they helped me sell some...
00:31:15No, no.
00:31:16Just years before, they had paid $500.
00:31:18You were asking $800 for this male.
00:31:21It was $800 back then also.
00:31:23So, under the circumstances, if they helped me sell animals, then I would give them a deal.
00:31:29Did they do that for you the first time that they...
00:31:31Yes, ma'am.
00:31:32So, the first time that they bought a puppy from you, they paid $500 and assisted you in
00:31:38finding owners for other puppies?
00:31:40Correct.
00:31:41Is that correct?
00:31:42Yes.
00:31:42Yes.
00:31:43Second time, you asked for $800.
00:31:45Yes.
00:31:45And then did you make the same deal with them?
00:31:48I did.
00:31:48How many puppies did you have?
00:31:50At the time, I had six.
00:31:52Did they come over and see the puppies?
00:31:54No.
00:31:55Isn't that usual to come over and pick one, unless you only had one male?
00:31:59Sometimes.
00:32:00I've sold other people, animals, throughout the United States by pictures only and updated
00:32:05photographs.
00:32:06On what date did you go and pick up your puppy?
00:32:09He dropped the puppy off to us on, I think it was March 22nd.
00:32:14How far does he live from you?
00:32:16About 40 miles.
00:32:17So, you could have easily gone to see the litter.
00:32:20Yes, correct.
00:32:21So, you chose for him to drop the puppy off.
00:32:24Well, he kind of messaged us and we know, we had a phone conversation where he stated
00:32:29that he couldn't feed the puppies anymore.
00:32:31No, that's not what I'm asking you.
00:32:32I know you have a script that you want to tell me about because you have something in
00:32:36your head.
00:32:37But that's not what I asked you.
00:32:39What I asked you was, you could have gone to look at the litter of puppies.
00:32:42Correct.
00:32:43And picked out which one you wanted.
00:32:45Correct.
00:32:46You chose to have him deliver it to you.
00:32:48Yes.
00:32:49That was my question.
00:32:50He delivered to you a male puppy.
00:32:52How old was the puppy you delivered to them?
00:32:55Approximately nine and a half weeks.
00:32:56I don't know if that's an appropriate time for wolf dog puppies, but ten weeks is a reasonable
00:33:01time to separate puppies from the litter and their mother.
00:33:05I know that that's not what I went to law school for, but you require a certain amount
00:33:10of nonsense information over the course of a lifetime.
00:33:13Anyway, did they pay you for that dog?
00:33:15No.
00:33:15What was the arrangement?
00:33:17According to Angela, I got three different amounts.
00:33:19She was going to give me a $100 deposit and $100 a week, $150 deposit, then $100 a week,
00:33:25and a $200 deposit and $100 a week.
00:33:27I got nothing.
00:33:28At what purchase price?
00:33:30She was thinking the $500 when I was asking the $800.
00:33:34That's not what I said.
00:33:34Did you ultimately make an arrangement with her for $500 if she helped you find other
00:33:39pet owners?
00:33:40Okay, let's be direct.
00:33:42So you agreed to make them the same deal with this dog as you made with the last.
00:33:46Correct.
00:33:46Which is, I'll give you, if you help find other potential prospects for the other puppies.
00:33:53Correct.
00:33:53So purchase price was $500, and they did find you other people for the puppies.
00:33:58One, yes.
00:33:59Well, they found one.
00:34:00It wasn't specified.
00:34:01They found one.
00:34:02And did you place that puppy?
00:34:03Yes.
00:34:04This is what your lawsuit is about.
00:34:06You say that she didn't pay you any money, and the people who you placed the other dog
00:34:12with did not finish paying you.
00:34:14Correct.
00:34:15Well, they're not responsible for that person.
00:34:17They're not responsible for that person unless you gave them the dog in order to collect the
00:34:22money.
00:34:22Okay.
00:34:23Or did you drop the puppy off?
00:34:24I dropped the puppy off at their house.
00:34:25Then that's your problem.
00:34:26Okay.
00:34:27So then what we're dealing is the $500 that you claim they owe you for the dog.
00:34:33Oh, plus potential loss of income.
00:34:36Oh, no.
00:34:37Yeah.
00:34:37That'd be ridiculous.
00:34:39Okay.
00:34:39$500.
00:34:40Let me hear your excuse.
00:34:42I think that the dog has been abused, and I have video proving.
00:34:47And?
00:34:47The male won't ever come around.
00:34:48Just a second.
00:34:49And?
00:34:50The male does not like males.
00:34:53What he'll do is he will cower at the sight of any male.
00:34:56He's very aggressive when he goes to take food from you.
00:34:58He was 10 and a half weeks old.
00:35:00We've had him for eight months now, and we still can't touch him.
00:35:02But you got him when he was nine and a half weeks old.
00:35:06And he's still the same.
00:35:07You got him when he was nine and a half weeks old.
00:35:09So that's not a reason not to pay for him.
00:35:12You still have him.
00:35:13He needs proper care, and we don't feel like we should pay anything.
00:35:17No.
00:35:17Not with what we have to deal with with the dog emotionally and everything else.
00:35:21Well, unfortunately, the law does not agree with you.
00:35:24You agreed to pay him $500 for a dog.
00:35:26You have the dog, and you have to pay him the $500 for the dog.
00:35:30That's it.
00:35:31It's an easy case.
00:35:32That was your contract.
00:35:33You didn't make a contract with him for a dog that had a nice disposition.
00:35:37Just pay careful attention.
00:35:39If you want a dog that guarantees you practically a nice disposition, buy a golden doodle, not a wolf.
00:35:46Buy a golden doodle.
00:35:47Got you.
00:35:48Buy a Shih Tzu.
00:35:50You want a big dog?
00:35:52What's another big dog?
00:35:53Golden retriever.
00:35:54Buy a golden retriever.
00:35:55But if you people are odd enough to think that wolf dogs make good pets, not knowing, because I did a little investigation into wolf dogs,
00:36:06are wolf dogs good pets because I get my cases early?
00:36:09And I said, why would any normal person want to own with 219 breeds or more in this country, in the world of dogs, why would you take a dog that is in part, and you don't know what part, wild wolf?
00:36:24Why would you do that?
00:36:26If your animal is aggressive, go look at its history, because sometimes they'll grow up to be friendly, nice dogs, like the first one you had.
00:36:33The first one I have is very well with our kids.
00:36:35You know, this one, I'm going back to my wolf roots.
00:36:39Well, so, judgment for the plaintiff in the amount of $500.
00:36:42Your counterclaims dismissed.
00:36:44We're done.
00:36:45This court is adjourned.
00:36:46We more or less rescued this dog.
00:36:49The dog had no issues before.
00:36:51He cowards down to any side of a male.
00:36:53That's just a totally false statement.
00:36:56It's to the point where he's got to get a trainer.
00:36:57I hope that it is taken care of, and if they don't want the animal, I'd be glad to take it back and care for it.
00:37:03We're going to work with him.
00:37:04Yeah, we're not going to let him go.
00:37:05Just another example of people who maybe, maybe not, looked into the history of a dog, a wolf dog.
00:37:14And if you read about it...
00:37:17I did a little before the case.
00:37:18Yeah.
00:37:19And it's said that a wolf dog is a mix between a wild dog and a domesticated dog.
00:37:25And they list the names of the kinds of dogs that they have been bred with over the course of the years.
00:37:30But in that kind of situation, you don't know how much wolf you're getting.
00:37:33It's a risk.
00:37:34You could be getting 8% wolf.
00:37:36You could be getting 50% wolf.
00:37:38You really don't know.
00:37:39I think that there are some jurisdictions where they don't allow them to be sold as domesticated pets.
00:37:45I think there are a few out there.
00:37:46I just think it's a gamble, and you have to be willing to assume the risk.
00:37:50I think that we have totally...
00:37:52Versus Guy Eagles.
00:37:53Welcome.
00:37:54Your last name is Ehlers?
00:37:56Ehlers.
00:37:56Ehlers.
00:37:57Yes.
00:37:58You have a son.
00:37:59I do.
00:37:59And he plays a sport.
00:38:01He does.
00:38:01What kind of a sport does he play?
00:38:02He is in asphalt racing.
00:38:04Is he on the team?
00:38:05We have our own team.
00:38:06It's called Lionheart Racing.
00:38:07And how many people are on the team?
00:38:08He is the sole driver, but we have a pit crew of approximately 8.
00:38:12And he doesn't wear a uniform.
00:38:14He, when he drives...
00:38:15He wears a race suit.
00:38:15Yes.
00:38:15He wears a race suit.
00:38:16Correct.
00:38:17So the T-shirts that you ordered from the defendant were for the 8 and crew.
00:38:22It was to sell.
00:38:24My son has a congenital heart defect, and he was treated when he was very young at Chalk Hospital,
00:38:29so we sell shirts to donate the proceeds to Chalk Hospital.
00:38:33To whom?
00:38:34We sell shirts to fans, to the pit crew, to family, friends.
00:38:37Well, pit crew is only 8 people.
00:38:39I assume you give them a shirt.
00:38:41We do.
00:38:41Yeah, of course.
00:38:42So the other ones you sell, if you can sell...
00:38:45How many years have you been selling these shirts?
00:38:48Two years.
00:38:48And last year, who made the T-shirts for you?
00:38:51A place called Rush Order Tees.
00:38:53Would you look that up, please?
00:38:54Sure.
00:38:55It's an online T-shirt ordering.
00:38:57And when they came last year, how many did you order?
00:39:01We ordered 200 last year.
00:39:03How many did you sell?
00:39:04We sold all of them.
00:39:05And how much were they?
00:39:06They were $25 a piece.
00:39:08To make?
00:39:09To make $13, I believe.
00:39:11So you were able to give a lot of money that year to your favorite charity.
00:39:16Correct.
00:39:17Why didn't you go back to Rush Order Tees this year?
00:39:20Sonia, the defendant.
00:39:21No, I'm asking you.
00:39:22You were satisfied with your product?
00:39:24I was.
00:39:24And I was actually in the process of getting ready to place a new order when I received a call at my office
00:39:28asking if I would be interested in placing an order with their company that was a local company.
00:39:32And who did you get that call from?
00:39:34Sonia.
00:39:35That's you.
00:39:36Yes.
00:39:36How did you get the plaintiff's number?
00:39:39I was making calls to local businesses listed as members of the Placentia City Chamber of Commerce.
00:39:45Her place of business, Impact Properties, came up as a member, and I made a call, and she was the one that answered the phone.
00:39:52And what did you say to her?
00:39:54I introduced myself, and I let her know that we are a screen printing business here in Placentia,
00:39:59and I was reaching out to local businesses to see if they would be interested in ordering custom T-shirts,
00:40:06and if not, at least to let them know that we offer those services for a future reference.
00:40:11How much did you quote her per T-shirt?
00:40:14So she ordered a few different garments.
00:40:16Just tell me what you quoted her.
00:40:18$14 per T-shirt.
00:40:20That's a dollar more than you had paid last year.
00:40:22Correct.
00:40:23Had you gotten a quote from Rush Order for this year?
00:40:27Not yet.
00:40:27Well, that would cut into your profit by about $200.
00:40:31Except that I didn't have to pay shipping.
00:40:33Rush Order is a large online reputable business for screen printing, bags, cups, shirts, things like that.
00:40:41And you were happy with them last year?
00:40:42Yes.
00:40:43On what date did you place an order with the defendant's company for these T-shirts?
00:40:48March 30th.
00:40:48Do you have a written agreement?
00:40:50I do.
00:40:50May I see it, please?
00:40:51I would like to note that the $14 quote was for 90 T-shirts, not 200, so that doesn't count.
00:40:57I just want to see what the contract says.
00:40:58Okay.
00:41:00Yes, $14 was for 90.
00:41:02That was for short-sleeved.
00:41:04Long-sleeved printed was $16 plus tax.
00:41:07There's a setup fee, redraw artwork, extra, extra large sizes.
00:41:12Well, this is not a signed agreement.
00:41:15However, the last sentence reads, by submitting your payment, you agree to these terms and conditions.
00:41:22You are verifying that all the information on the invoice is correct.
00:41:26You submitted payment.
00:41:28I do have proof of payment.
00:41:29They don't dispute that you actually paid them because you had to pay them in advance.
00:41:33Correct.
00:41:34Okay, so this is a clear contract, and it's your claim that you were dissatisfied with
00:41:38the artwork, you had paid already, you want a refund, you did not use their T-shirts.
00:41:44Correct.
00:41:45And I believe you actually canceled or tried to reverse the credit card that you had used.
00:41:50I tried to get a refund through PayPal.
00:41:51Correct.
00:41:52And according to you, that was denied because the defendant said that you had actually picked
00:41:57up the T-shirts.
00:41:58Correct.
00:41:59Okay.
00:41:59And I have proof of that from PayPal.
00:42:00I'd like to see that.
00:42:07The incorrect logo would be used.
00:42:16Okay.
00:42:17Before I get into the substantive part of it, whether or not you liked the artwork or not,
00:42:22who was contacted by PayPal?
00:42:24Which one of you?
00:42:25That would be...
00:42:26He handed the PayPal claim.
00:42:27I took care of PayPal.
00:42:28You took the call from PayPal.
00:42:30Yes.
00:42:30When you had communication with PayPal, do you have any proof, written proof of your
00:42:35communication, or did you just speak to PayPal verbally on the phone?
00:42:39Both.
00:42:40We talked on the phone, and we also, PayPal documents our conversations via email through
00:42:47the website.
00:42:48Did you tell PayPal that the plaintiff had picked up the merchandise?
00:42:53Yes.
00:42:53Well, that's not true.
00:42:54It is true.
00:42:55She picked up the merchandise.
00:42:57No.
00:42:57I don't believe that, sir.
00:42:59I believe she was dissatisfied with the merchandise.
00:43:01But unless you can prove to me that she picked up the merchandise, I don't believe that.
00:43:05Okay.
00:43:05Because she may be a tough cookie, and she may have gotten crazed with you and said miserable
00:43:10things about you in her review.
00:43:12But she would not be here today if she picked up the merchandise.
00:43:14Her event was the next day, the day she picked them up.
00:43:18It was the day before her event.
00:43:20Who gave it to her?
00:43:23We gave it to her.
00:43:23Not we.
00:43:25No.
00:43:25Not we.
00:43:26Who gave it to her?
00:43:27I gave it to her.
00:43:29You're asking me a question, sir.
00:43:31You're asking me a question.
00:43:33Her order was...
00:43:33Just a second.
00:43:34Mm-hmm.
00:43:34You have a business?
00:43:36Yes.
00:43:36You're in a building.
00:43:37Is there a reception area in the building?
00:43:39Yes.
00:43:40Did you tell PayPal that they were picked up from the reception area in the building?
00:43:44I don't recall.
00:43:45I want you to think about it.
00:43:47I want you to think about it.
00:43:49Did you tell PayPal that they were picked up in a reception area in your building?
00:43:55I don't recall if I said the reception area or my office.
00:43:59I'm not sure the terminology I used.
00:44:01Well, what was it?
00:44:02Reception area or your office?
00:44:05My office is...
00:44:06That's a question.
00:44:08My reception area is in my office.
00:44:10I don't recall exactly what I told PayPal, but she did pick them up that day.
00:44:13And that's what I told PayPal.
00:44:14No, I don't believe you.
00:44:16Okay.
00:44:17That's what we're here for.
00:44:18No.
00:44:19That's what we're here for.
00:44:20Because sizing her up, she's a tough cookie.
00:44:23Yes.
00:44:23And she, as I said, might have been dissatisfied with the logo, which I don't necessarily have
00:44:29to even go into now, what the screen was like, what the colors were off, or whatever
00:44:35it was, I don't have to go into that.
00:44:37Because if I believe that she did not pick up the merchandise, and you told PayPal that she
00:44:42did pick up the merchandise, she gets her refund back now.
00:44:46So I'm going to come back to you.
00:44:47You didn't like the way they looked.
00:44:50Correct.
00:44:50I don't care why.
00:44:51Did you have other shirts made?
00:44:54I did.
00:44:54I have one of them here today.
00:44:56Do you have an invoice for the other shirts?
00:44:58Who did you have them made by?
00:45:01Rush Order Tees.
00:45:01That's easy.
00:45:03When did you have them made by Rush Order Tees?
00:45:05I had them made in May.
00:45:07Well, that's about 30 days later.
00:45:10Mm-hmm.
00:45:11And did you sell them?
00:45:12Yes, we did.
00:45:13Okay.
00:45:13Pull up an order from your phone for Rush Order Tees, please.
00:45:18While you're looking at it, just tell me, how much did you pay for them from Rush Order
00:45:21Tees, and how many did you order?
00:45:22It was just slightly over $2,000.
00:45:26I believe we ordered 110 T-shirts.
00:45:29Okay.
00:45:30And you got them sometime in May.
00:45:32Correct.
00:45:33I'm sorry, that was April 26th was the exact date.
00:45:35May I see it, please?
00:45:41There's my order.
00:45:42This is the first one.
00:45:51It was 1828.
00:45:53Yeah.
00:45:53Okay.
00:45:54That makes sense.
00:45:55Okay.
00:45:56So, Mr. and Mrs. Gallagher, she ordered the T-shirts within a couple of weeks and got them
00:46:01from another company, which suggests to me that if she picked up your T-shirts, she would
00:46:05not have done that.
00:46:07Do you understand?
00:46:08I don't agree with that.
00:46:08Do you understand?
00:46:09No, I don't.
00:46:09You may not like it, but ladies may be, to you, abrasive, because that's what you say
00:46:17in here.
00:46:18She may be abrasive, but she would not ask for a refund through PayPal if she had picked
00:46:23up...
00:46:23The previous year, she ordered $200.
00:46:23If she had picked up the merchandise, she would not have done that.
00:46:28The previous year, she ordered $200, and this year, she ordered $100 from me, $100 from them,
00:46:34which same is consistent, $200 shirts.
00:46:36I can answer to that, if you'd like.
00:46:38She picked them up?
00:46:40No, she didn't.
00:46:41No, she didn't.
00:46:42We ordered a smaller quantity this year because many of our friends had already purchased them
00:46:46the previous year.
00:46:47Whatever.
00:46:47I don't believe that you picked them up.
00:46:49I believe that you got angry because they weren't exactly what you wanted.
00:46:53You looked at them.
00:46:54But there's no question that it was an easy answer for him to give when PayPal called and
00:46:58said she picked them up from the reception area.
00:47:01Okay.
00:47:01And I don't believe that.
00:47:02So you have to get your refund back because you were just...
00:47:05Custom t-shirt order.
00:47:06Ernie and Sonia say Larissa left a negative review and defamed them.
00:47:11Okay.
00:47:11You came in in the middle of the dispute.
00:47:15Yes.
00:47:15And in the middle of the dispute, do try to calm things down.
00:47:18Yes.
00:47:19Because she was screaming at him.
00:47:21Yes.
00:47:21And he was screaming at her.
00:47:23No.
00:47:23What was he saying to her?
00:47:25She was screaming at him.
00:47:26And what was he doing?
00:47:28Now, just remember, you called her the next day...
00:47:32I did.
00:47:33...to apologize to her.
00:47:34Not to her.
00:47:35I called to apologize for the entire situation from beginning to end.
00:47:39Okay.
00:47:39But if what you're telling me is that the only one who was behaving badly was the plaintiff.
00:47:45That's what you're telling me.
00:47:46The only one that was behaving badly was the plaintiff.
00:47:49She was out of line.
00:47:50There's no question.
00:47:51There's no question.
00:47:53Actually, she acknowledges in this review...
00:47:55Yes, but that's not the worst part of it.
00:47:57She acknowledges in this review that she was out of line and screaming.
00:48:03Yes.
00:48:03And that's what you came into.
00:48:05Yes.
00:48:06So the only thing that you're disputing is that your husband was likewise screaming at her,
00:48:12answered her back.
00:48:13He was not screaming.
00:48:14He was patient, and he was attempting to work it out with her.
00:48:21The only thing I remember him saying, and I can recall, is him saying,
00:48:25I'm trying to help you.
00:48:26I don't understand why you're acting this way.
00:48:30And I do recall him telling her that she was a bad person because she was...
00:48:34Okay.
00:48:34Okay.
00:48:35Yeah.
00:48:35I mean, a person can only take so much.
00:48:38She was...
00:48:38I'm telling you, she says this...
00:48:42Yes.
00:48:43...in her review.
00:48:45Okay.
00:48:45Now, you want me to look at other reviews that she wrote for a carpet company in 2021?
00:48:51Yes, and I spoke to the owner.
00:48:52Shh.
00:48:55Okay.
00:48:55First, she complained about a carpet company and the horrible service.
00:49:00They laughed at her and disrespected her.
00:49:03Okay.
00:49:03And then, that was in 2021.
00:49:07That was a year before.
00:49:08Then she posted a review, according to the timeline, in 2015.
00:49:14So, six years before.
00:49:15It showed a pattern.
00:49:16No, a pattern.
00:49:18Yeah.
00:49:18A pattern.
00:49:18Three complaints.
00:49:19No.
00:49:19Three complaints from somebody who lives a life in six years.
00:49:22I have a copy of all of the five-star reviews.
00:49:24Shh.
00:49:26Okay.
00:49:26And this one said the owner wasn't interested in hearing her complaints.
00:49:29It was over the phone and hung up.
00:49:32Oh, that's 2015.
00:49:35Okay.
00:49:35She takes her reviews seriously.
00:49:38Now, you want to show me other reviews?
00:49:40These are all of the five-star reviews that I've done as well.
00:49:42Yeah.
00:49:43I'm an equal opportunity yelper.
00:49:44Just a second.
00:49:50Would you just show this to the plaintiff and make sure she agrees that those are hers?
00:49:56And then I'm going to have you show this to the defendants.
00:49:59Okay.
00:50:03Now, show this to Ms. Gallego.
00:50:12All you have to do is look at them quickly.
00:50:14Well, turn.
00:50:15No, just a second.
00:50:16Yeah.
00:50:16You didn't look at them.
00:50:17Oh, I was reading.
00:50:18Okay.
00:50:18You don't have to read the whole thing.
00:50:20These are five-star reviews.
00:50:21Yes.
00:50:22Count how many she did.
00:50:23Yes.
00:50:23I see that there's a...
00:50:25So she takes her reviews seriously.
00:50:27Not a pattern.
00:50:29Right.
00:50:29But she's aggressive in everyone.
00:50:31Like I mentioned...
00:50:32No, not aggressive in here.
00:50:33Well, not in those.
00:50:35Not in here.
00:50:35But in the negative ones, yes.
00:50:37Not in here.
00:50:37And two of the ones that you gave me were over the phone.
00:50:40If I told you how many times my husband hangs up on people over the phone aggressively...
00:50:44I understand, but name-calling and belittling people and calling him...
00:50:49Retarded.
00:50:50Stupid.
00:50:51Just a second.
00:50:52All unladylike.
00:50:54She attacked my faith.
00:50:55She...
00:50:56Oh, listen to me.
00:50:57That's not what you're talking about, Mr. Gallego.
00:50:59You're talking about a lawsuit for defamation, that she posted something that was false on the Internet.
00:51:05And I'm telling you it wasn't false because I think you got into a screaming match with her,
00:51:10and I think that your wife intervened that day, which is why she called on the next day,
00:51:14to try to smooth things over.
00:51:15No, no, no, no, that's what you think.
00:51:17This is not a...
00:51:17That's not actually happened, though.
00:51:19This is not a tea dance.
00:51:21You understand?
00:51:21This is not a tea dance.
00:51:23I believe that she did not pick up her shirts.
00:51:25I believe that that's why your wife called her, to try to smooth out that,
00:51:29as well as what had happened the day before.
00:51:31She behaved badly.
00:51:33You're allowing a tyrant to get away with this.
00:51:35I'm allowing a tyrant to get away with this?
00:51:37She completely bashed her.
00:51:39She's lying.
00:51:41She picked up her order.
00:51:42No, I don't believe that.
00:51:43Your Honor, my reputation, I work with students.
00:51:46I work with T-shirts, moms.
00:51:48My reputation, I don't advertise.
00:51:50Just a second.
00:51:50It's all word of mouth.
00:51:51She did not pick up her order, sir, even according to you.
00:51:54According to you, she only picked up a partial order.
00:51:57She picked up one box.
00:51:58That's according to you.
00:51:5972 out of 100.
00:52:01No, I don't...
00:52:03Listen to me.
00:52:03So what you're saying is there were two boxes, not in half.
00:52:08The orders were not in half.
00:52:09You filled up one box and only there was a little bit of merchandise left in the second box.
00:52:15She was supposed to come back for her, yes.
00:52:16Yeah, I don't believe you, sir.
00:52:17She gets her refund.
00:52:18She gets her refund.
00:52:201693.
00:52:21Judgment for the plaintiff, counterclaims dismissed.
00:52:23We are done here.
00:52:24This court is adjourned.
00:52:28She completely dismissed the way she treated us.
00:52:31She absolutely made the right decision.
00:52:32I've never dealt with a customer like this in my 25-year history.
00:52:36I went well above and beyond.
00:52:38They're angry with me because I didn't like their work product.
00:52:40Our work speaks for itself.
00:52:42Our history speaks for itself.
00:52:43We have clients that have been with us for years, and we'll just continue doing what we're doing.
00:52:47You always get what you pay for.
00:52:48Make sure you're looking out for where you're doing business.
00:52:51I really believe that she got aggressive with him when she went to pick up those T-shirts.
00:52:56She acknowledges she got aggressive with him.
00:52:58She says in her Yelp review, sorry to say that she became angry and agitated and started screaming at him, which she doesn't have to tolerate.
00:53:07I do believe that his wife intervened, as she said in her Yelp review, that his wife came in, saying to his wife, I'm talking to her, not to you.
00:53:16Really heated moments.
00:53:17I can actually see him.
00:53:19Visualize it.
00:53:19I can actually visualize him saying that.
00:53:22The problem is you have to make a judgment.
00:53:23And the judgment really was whether somebody who was aggressive, and she was, who knows her business, knows what she wants, runs a business, had ordered the shirts before, had ordered them for somebody else, was satisfied with the previous order because there was no negative review.
00:53:38Of course.
00:53:39That they showed from that order.
00:53:41She may have been dissatisfied.
00:53:43She may have had just cause to be dissatisfied.
00:53:45But he lied when she said she picked up the shirts.
00:53:47Just to prevent her from getting a refund.
00:53:49From getting her refund.
00:53:50So I didn't believe that because I don't think that that woman would have been here if she had picked up the shirts.
00:53:56She would have been here.
00:53:57She would have said, I want a refund because here are the shirts.
00:53:59It's not what I ordered.
00:54:00Exactly.
00:54:01It doesn't make sense.
00:54:02It's usually not true.
00:54:04Assault.
00:54:04Okay.
00:54:05She asked you to move.
00:54:06And you said to her, your response to her was, it's a public street.
00:54:09I'll park where I want to park.
00:54:10I tried to explain to her I have arthritis.
00:54:12So if you'll see, I park where I can walk around my car and go up the walkway.
00:54:17I don't care.
00:54:18You don't have to justify it to me.
00:54:19I'm just, I asked you the question.
00:54:21You responded what?
00:54:23What did you?
00:54:24The way I responded was for.
00:54:27Think.
00:54:28If you don't remember, say I don't remember.
00:54:30Don't make it up.
00:54:31I remember because I've stated this the whole time.
00:54:33Every time even the police have sat there and asked why I parked there because she's called the police over this multiple times.
00:54:39I have even explained to them I park the way I do.
00:54:41I want you to tell me.
00:54:42I told her, I said, I'm older.
00:54:45I have arthritis.
00:54:46I park where I do to be able to use my walkway.
00:54:49Her response was, you'll have a better access to your walkway if you pull up.
00:54:53I said, no, the person on my passenger side would.
00:54:56Then I have to go up in the grass.
00:54:59I need a walkway for stability because I've already had one fall.
00:55:03Okay.
00:55:03Whatever.
00:55:04You told her I can't accommodate you.
00:55:05Yes.
00:55:06Your Honor, that's not true because it didn't take that long.
00:55:09She got in her car and she actually got in.
00:55:11And she screwed up.
00:55:12And she moved up a little bit.
00:55:13She moved up a little bit because the trash can wasn't there.
00:55:16Okay.
00:55:16So you asked her, ma'am, could you move up a little bit?
00:55:19And she, so what you're telling me is she accommodated you.
00:55:22She did.
00:55:22And she didn't say anything to you.
00:55:24So I thought it was okay.
00:55:25And then what happened?
00:55:26And then whenever I was parking, I got off and I told her I was like, thank you.
00:55:30And then that's when she got upset.
00:55:32No, no, no, no, no, no, no, no, no, no, no, no, no, no.
00:55:34In March, what you're saying is you asked her to scoot up and she did.
00:55:39And she did.
00:55:40When was the next date that something happened with the car?
00:55:44April 6th, she called the cops for the first time because she parked, that's how she parked.
00:55:49She parked very close to my car, as you can see on the picture.
00:55:53She started parking close to me like that.
00:55:55She called the cops for the first time.
00:55:57Just a second.
00:55:57That photograph was taken April 6th?
00:56:00Yes, ma'am.
00:56:00Of 2022?
00:56:02Yes, ma'am.
00:56:02Okay.
00:56:03And you were parked right in front of your house?
00:56:05Yes, ma'am.
00:56:06First.
00:56:07And she parked in front of you?
00:56:10Correct.
00:56:10And you're telling me that she called the police?
00:56:13Mm-hmm, correct.
00:56:14Is that correct?
00:56:15No.
00:56:16Okay, show me that she called the police on April 6th.
00:56:20She did?
00:56:20She called the police and then she was telling them that...
00:56:24No, no, no, no, no, no.
00:56:25Can't tell me what she was telling them.
00:56:27I want to see where she called the police on April 6th.
00:56:29She said she didn't.
00:56:30Is that what you just said to me?
00:56:31I called the police.
00:56:32I'm not the one that parked.
00:56:34I was already parked there.
00:56:35When she pulled up on me, I called the police because she tapped my back in before she
00:56:40pulled back.
00:56:41Okay.
00:56:42So you were parked there already?
00:56:44I was already there.
00:56:45And this has been...
00:56:46It's an ongoing issue for months.
00:56:48She would pull up on me and sometimes tap my bumper.
00:56:51And you were in the car?
00:56:52I wasn't in the car.
00:56:53I was inside.
00:56:54So you just saw her parked very close to you?
00:56:57I saw her tap my bumper.
00:56:59Okay.
00:56:59And that's when you called the police?
00:57:01Yes.
00:57:02Okay.
00:57:02And she knew because she was recording me calling them.
00:57:05Do you have that?
00:57:06It's even on her TikTok.
00:57:08I'd like to see.
00:57:08I do because she was lying to them and said that I hid her car and I did not hit her car.
00:57:13Which shows she was the one pulling them.
00:57:15Shh.
00:57:16Well, but the scenario that she's telling Ms. Hernandez, that she's telling me, is different
00:57:21from what you told me.
00:57:22So let's get it clear.
00:57:24Was her car parked there first or yours?
00:57:27Mine was parked there first.
00:57:28And she says hers was parked there first.
00:57:31That means that she would have to back into that spot, whatever it was.
00:57:35And she did.
00:57:35Just a second.
00:57:36That's what you want me to do?
00:57:37She backed into that spot and backed in very close to your car.
00:57:41Yes.
00:57:41I don't believe that.
00:57:42This is a...
00:57:43I don't believe that.
00:57:44That doesn't...
00:57:44Okay.
00:57:44I don't believe that.
00:57:45You're going to have to prove that to me because that would be silly.
00:57:51I see what you're showing me.
00:57:53What you're showing me is consistent with the cars being very close together.
00:57:56But you want me to believe that she actually backed into that spot.
00:58:01She did.
00:58:01It's a video?
00:58:02Your Honor, she did park like that that day.
00:58:05Yeah.
00:58:08I hope this video will show me that.
00:58:13I don't know what this...
00:58:14Sarah.
00:58:15Yeah.
00:58:16Am I getting the whole...
00:58:17Yeah, that's...
00:58:18You don't have to keep hitting it.
00:58:19That's the whole video.
00:58:21That's it.
00:58:21Could we do it again?
00:58:22Yeah.
00:58:23If I hit it, maybe I hit it on the table a little bit.
00:58:25Yeah, I don't think so.
00:58:26That only works with your phone.
00:58:28It only works on my phone?
00:58:30Fresh mouth.
00:58:34Yeah.
00:58:35All right.
00:58:35This is useless.
00:58:37Okay.
00:58:37So the police came out.
00:58:39And was there a police report?
00:58:40I have it, I hear.
00:58:41May I have it, please?
00:58:44Who else lives in the house with you, Ms. Hernandez?
00:58:47Me and my two children.
00:58:51Oh, well, that was nasty over a parking space.
00:58:53How unfortunate.
00:58:54I'd like to see that.
00:58:56Absolutely.
00:59:03Oh, yes.
00:59:05The officer actually didn't believe her because there was nothing on her car.
00:59:09Doesn't have to be anything on her car.
00:59:11But she's making...
00:59:11You tap somebody...
00:59:12You tap somebody's bumper, there isn't always damage.
00:59:15That's close enough for me.
00:59:16Okay.
00:59:16Give me the paper back.
00:59:17The officer did not believe her because she also...
00:59:22Just, just, just...
00:59:22She lied...
00:59:23She made false accusations saying that I was threatening her with a knife and with a baby in my arm.
00:59:28Officer didn't believe her because...
00:59:30Don't tell me what the officer believed or what the officer didn't believe, madam.
00:59:33It's irrelevant what you think the officer believed.
00:59:36If the officer was here, I would question the officer.
00:59:39Okay.
00:59:39It all started over a parking space.
00:59:43And you have to understand, I'm not sympathetic with you.
00:59:46You move into a neighborhood, something is established in the neighborhood, because I'm sure she didn't wait to park in that spot just when you moved in.
00:59:55That's where she's been parking her car.
00:59:57It's not that you don't have a place to park.
01:00:00You have a place to park in front of your house.
01:00:02Mm-hmm.
01:00:03That's the defendant's house.
01:00:05Her car is parked right in front of her house.
01:00:07Mm-hmm.
01:00:07You have a place to park.
01:00:09Your car is parked right in front of your house.
01:00:12You want her to move to make it easier for you so that you don't have to struggle to park so you could just scoot in and scoot out.
01:00:21I just didn't want to risk hitting her car for being in a garage because the people behind me would park pretty close up.
01:00:27Who cares?
01:00:28It's a public street.
01:00:30I don't care if you park on Mars.
01:00:32Mm-hmm.
01:00:33Then park someplace else on the street.
01:00:35It would bother me if that was my driveway and there was a car that was right up to the edge of that driveway, causing me to have to swing out wide every time I pulled into my driveway.
01:00:48And I couldn't do it during trash days because it's even a wider turn, all so that you didn't have to parallel park.
01:00:55I'm telling you, I'm not sympathetic with that.
01:00:57You're not entitled to a public street parking spot.
01:01:05Destroy them.
01:01:06Now, you can't reuse them.
01:01:08You can't sell them.
01:01:09You can't turn them back to the manufacturer.
01:01:11But I paid for them.
01:01:12But I paid for them.
01:01:13I understand that you paid for them.
01:01:15Let's say you had a car and the car was unusable.
01:01:20But, you know, you had gotten it from a parent, from an old boyfriend, from somebody, so you kept it in the garage.
01:01:29It couldn't be sold.
01:01:30It couldn't be driven.
01:01:31You kept it because you liked to look at it.
01:01:34And let's say her son, instead of your breast implants, got into the car and got bubblegum on the seat.
01:01:42Is he going to pay for the car?
01:01:44It's unusable.
01:01:45It's undrivable.
01:01:47It's incapable of being traded, negotiated for anything.
01:01:51It may have sentimental reason for you, but it has no extrinsic value to anybody else.
01:01:57So, what do you think you're entitled to for losing anything else, but it has value to me.
01:02:03And it cost me money to get it.
01:02:05So, I don't agree with just, like, so just let it go.
01:02:08Very good.
01:02:08Your son should not have destroyed her property.
01:02:11Do you understand?
01:02:11Correct.
01:02:12Whether it was negligence on your part for not watching the five-year-old, I don't know.
01:02:17You don't keep an eye on a five-year-old all the time.
01:02:19Judge him for the plaintiff in the amount of $1.
01:02:22Thank you very much.
01:02:23We're done.
01:02:23This court is adjourned.
01:02:27A dollar?
01:02:30I paid $4,000 for my breast implants.
01:02:32A dollar?
01:02:33I am happy today.
01:02:34I am thankful that it was in my favor for the dollar.
01:02:38So I can go bust people's implants and don't have to pay for it?
01:02:41I'm pretty sure it was silicone, and that's toxic.
01:02:43It's poisonous.
01:02:44So, I'm just thankful that my dog and my child wasn't harmed.
01:02:47I'm very upset.
01:02:49Well, she was pretty upset.
01:02:51A dollar for my breast implants?
01:02:53I paid $4,000.
01:02:53I'm very angry.
01:02:54If you left them in the closet, it's like a pair of shoes in the closet.
01:02:58They're just sitting there waiting to be played with.
01:03:04Ridiculous.
01:03:05All right.
01:03:06Case number 3075, Drake versus Wayne's Corner.
01:03:10All parties, please step forward.
01:03:11Derek Drake is suing his former girlfriend, Rose Vita Wayne's Kerner, for an unpaid car loan.
01:03:18Mr. Drake.
01:03:20Yes, ma'am.
01:03:21Is your claim that the defendant owes you $1,000 for the down payment that you gave her for a car?
01:03:26Yes, Your Honor.
01:03:26The defendant says she owes you nothing.
01:03:29It was your idea because you wanted better access to her.
01:03:32Ms. Kerner says that you owe her the same $1,000 because you destroyed or threw away some dresses that she had purchased for your sisters.
01:03:41And gave you the dresses to hold until you saw your sisters and you disposed of them.
01:03:47She wants the value or what she paid for them.
01:03:50Mr. Drake, I found some of the papers interesting.
01:03:53How do you know Ms. Kerner?
01:03:55Well, we used to live in the same apartment complex.
01:03:58About six months ago, she moved out of the complex.
01:04:02When she lived in the complex, did you have a relationship with her?
01:04:07No, we were just friends.
01:04:08Okay, who did you live with, sir?
01:04:10I lived by myself.
01:04:11And who did Ms. Kerner live with?
01:04:12She lived by herself.
01:04:14And then she moved away?
01:04:15Yes.
01:04:15And you continued to see her?
01:04:17Yes.
01:04:18Tell me about that.
01:04:19Well, we became good friends and when she moved away, we just carried on our friendship.
01:04:25She would come by and see me, I would go by and see her.
01:04:27It wasn't a romantic relationship?
01:04:29No.
01:04:30Not romantic?
01:04:31No.
01:04:31Not intimate, just friends?
01:04:33No, just friends.
01:04:34Okay, tell me about the car loan.
01:04:37Well, she came by my apartment one day and she was, she had an electric bike and the bike,
01:04:45she said it was no good anymore.
01:04:47I said, well, would you like some more transportation?
01:04:49And she said, yes.
01:04:50I said, I can loan you $1,000 to buy you a vehicle if you pay me back.
01:04:55And she says, okay, I could take that loan.
01:04:57And I said, can you pay me back within six months because I was going to drunk driving
01:05:02school?
01:05:03I said, I'm going to graduate from drunk driving school in six months, so I need the money
01:05:07because I need to buy me a car.
01:05:09You said I could loan you $1,000.
01:05:11Did you go with Ms. Kerner to find a car?
01:05:14Yes, Your Honor.
01:05:14How did you get there?
01:05:16One of her friends drove us.
01:05:18It was at a tow yard.
01:05:19It wasn't in the city of San Jose.
01:05:21It was right outside the city.
01:05:23And did you have check or cash?
01:05:24I had cash.
01:05:25And you acknowledged that he put down $1,000 for the car?
01:05:29Put down?
01:05:30Well, I didn't say loan, Ms. Kerner.
01:05:33I said you acknowledged that he put down $1,000 for the car.
01:05:37He was there.
01:05:38How much?
01:05:38No, not he was there.
01:05:40He put down $1,000 for the car.
01:05:43Yeah.
01:05:44Okay.
01:05:44And you paid a total of $1,700 for the car?
01:05:48It probably totaled up after paying for the registration and stuff, okay, because it was
01:05:54$1,250.
01:05:55And then he said that he was going to pay for the car and stuff, you know, for the gas,
01:06:00because I didn't want a car.
01:06:01You know, I was content with my bike, you know, but he insists.
01:06:05So that's where the $7,000 comes in, because he wants me to pay back for the registration,
01:06:10the car.
01:06:11How much did you pay?
01:06:12Nothing.
01:06:13So he paid the whole thing?
01:06:15Yeah.
01:06:16He wanted it, yeah.
01:06:16He only says he loaned you $1,000.
01:06:19No.
01:06:20No.
01:06:21Well, if that's what he's saying, that's what he's saying, okay?
01:06:24But it came up to $1,250.
01:06:27And then the $17,000, it totals out, I guess, out for $17,000, I don't know how, but it
01:06:31totals out for the registration.
01:06:33So that's probably where it comes for $1,700.
01:06:36How much did you put down on the car?
01:06:38Uh, $1,000.
01:06:39Well, where'd she get the other money from?
01:06:41Uh, I don't know.
01:06:43Well, you say in your complaint that she purchased the car, she found the car for $1,700.
01:06:49So I'm asking you, if you gave her $1,000, did she come up with $700?
01:06:53I guess so.
01:06:54Oh, my God.
01:06:56I'm getting very, very confused.
01:06:57All right, now, Ms. Kerner, Mr. Drake says that you were friends.
01:07:02Mm-hmm.
01:07:02You describe him, in your answer, as a Sancho.
01:07:07A Sancho.
01:07:07Sancho, what is that?
01:07:09That's your, um, I guess people call it friends with benefits nowadays.
01:07:13Friends with benefits.
01:07:14Mm-hmm.
01:07:14So are you suggesting that he had benefits?
01:07:17Oh, yeah.
01:07:18And is that why you used to bike ride to his house?
01:07:21Yeah.
01:07:23Shh.
01:07:24Clearly, it was forgettable for him.
01:07:30Do you still have the car?
01:07:32Oh, yes, ma'am.
01:07:32What do you use it for?
01:07:34For, uh, like to go to the grocery store.
01:07:36I don't drive very much.
01:07:37So, go to the grocery store, I go and see my kids or take the dogs to the park.
01:07:44You know, I don't work.
01:07:45Now, you have a sister.
01:07:48You have some sisters.
01:07:48I have four sisters, Your Honor.
01:07:50Did you invite Ms. Kerner to travel at some point to your sister's for a party?
01:07:56Uh, well, we went down to Atlanta, Georgia in April, on April 28th, because my sister
01:08:02was retired, her retirement party.
01:08:05And we was also going to go to Flint, Michigan on July 21st for my sister's birthday.
01:08:10Okay.
01:08:11Did there come a time when Ms. Kerner delivered some dresses to you for your sisters?
01:08:19Yes, she delivered some dresses to me so we can take to Flint, Michigan on July 31st.
01:08:26But I was upset with her because she never even made me one payment.
01:08:30So, I put them in the hallway, and I guess somebody took them.
01:08:34I did not throw them away or destroy them.
01:08:36Well, you got rid of them if you put them in the hallway, sir.
01:08:38I have this fatal attraction person that called him, told him I was driving all these men
01:08:46around town, and he copped the attitude about me driving, and which I was not, because I
01:08:51don't like to drive.
01:08:51I'm 61 years old.
01:08:53Why am I going to?
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