Judge Judy Full Episode 1195 - Family Divided- Best Amazing Cases Season 2O25 - Full Episode HD - video Dailymotion

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Transcript

00:00:00You're suing your parents for money that you put into a truck.

00:00:04I'm about to put all my money into it. I want the truck.

00:00:08No, no, no, no. I worked all my life with that truck.

00:00:12To Shaw v. Celestine.

00:00:16You're welcome.

00:00:17Mr. Shaw, these are your parents, is that right?

00:00:19Yes, they are.

00:00:20How old are you?

00:00:21I'm 26.

00:00:22Just the very broad framework of this case.

00:00:25You're suing your parents for money that you put into a truck that belongs to them.

00:00:31Correct.

00:00:31And they are counterclaiming for money that they say you owe them for a balance of a dog they purchased for you.

00:00:40The truck that you fixed belonged to your parents.

00:00:44Yes, the agreement was it belonged to them.

00:00:46No, the truck that you fixed belonged to your parents.

00:00:49And what I gather is that you would come into some money.

00:00:52Mm-hmm.

00:00:53It's not an answer.

00:00:54Oh, yes, ma'am.

00:00:54And when did you come into that money?

00:00:57I never came into any money from them after I fixed the truck.

00:00:59Not from them.

00:01:00I didn't say from them that you came into some money.

00:01:03Uh-huh.

00:01:04Uh-huh is not an answer.

00:01:05I'm sorry.

00:01:05Yes, ma'am.

00:01:06I came into some money in October.

00:01:07So I want you to...

00:01:08In October, you were not employed.

00:01:11I was employed.

00:01:13By whom?

00:01:14Trucking.

00:01:15Is that their company?

00:01:16No.

00:01:16I was working with them and their brother.

00:01:18So you were working with the family?

00:01:20Yes.

00:01:21Okay.

00:01:21That was in October.

00:01:22Yes, ma'am.

00:01:23October of 2021.

00:01:24Mm-hmm.

00:01:25Uh-huh.

00:01:25It's not an answer.

00:01:26I mean, yes, ma'am.

00:01:26Yes, it's an answer.

00:01:27I'm sorry.

00:01:27And how much did you come into?

00:01:29About $10,000 for the month of September and October.

00:01:32And then your father said to you, I assume, you should take some of that money and buy

00:01:37a 16-wheeler truck so that you...

00:01:39No, ma'am.

00:01:39Well, how did that happen, sir, that you got possession of your parents' truck?

00:01:44So it...

00:01:45Did you try to buy a truck on your own?

00:01:47Yes, ma'am, I did.

00:01:48Okay.

00:01:48In what month...

00:01:49Just a second.

00:01:50In what month did you try to buy a truck for yourself?

00:01:53January.

00:01:54January of 2022?

00:01:57Yes, ma'am.

00:01:58And tried to buy a truck so that you could have your own truck for long hauling and business.

00:02:04Yes, ma'am.

00:02:04And you went to a dealer and you found the truck that you liked, but you didn't qualify

00:02:09for financing.

00:02:10Yes, ma'am.

00:02:11And how much is a new truck?

00:02:13That truck, it wasn't new.

00:02:14It was a 2015 and they priced it at $60,000.

00:02:17$60,000?

00:02:18Yes, ma'am.

00:02:18And you told your parents about that?

00:02:20Yes, ma'am.

00:02:21And there was a discussion that they had an older truck that wasn't running.

00:02:25It needed minor work.

00:02:27It needed...

00:02:27That was told to me.

00:02:28Okay.

00:02:29So they said to you it needs minor work.

00:02:31Was it running?

00:02:31It was running, but the diamond seal was cracked, so eventually the truck was just

00:02:37going to break down completely.

00:02:38Okay.

00:02:39So you took that truck with the understanding that you were going to repair the truck and

00:02:45then what?

00:02:45To make money.

00:02:47But what...

00:02:47So you would repair the truck and then use it?

00:02:49Yes, ma'am.

00:02:50And you would keep most of the profits from using that truck?

00:02:54I mean, I'm trying to understand what the agreement was.

00:02:57It was.

00:02:57My dad, Nathan, told me that the truck was only going to be worth $4,000 to fix, which

00:03:02was a diamond seal.

00:03:03It needs some bushings.

00:03:05It needs something for the exhaust pipe.

00:03:07And I was like, okay.

00:03:08But when the dude kept calling me for the truck and he was like, okay, this needs to be done.

00:03:13But you took the truck into a mechanic?

00:03:15Yes, ma'am.

00:03:16Did they give you an estimate?

00:03:17Yes, ma'am.

00:03:18Okay.

00:03:19Before or after they did the work?

00:03:21They gave me one before, but I don't have that estimate, but I have the one for after.

00:03:25You mean after they completed the work, they sent you a bill?

00:03:29Yes, ma'am.

00:03:29Well, that's not an estimate.

00:03:31An estimate, sir, is when you go in and say, here's a truck.

00:03:34I want you to give me an estimate of what it is to have it fixed.

00:03:37Mm-hmm.

00:03:38And they give you an estimate, and then you determine whether or not you want them to

00:03:42do any or all of that work, right?

00:03:44Yes, ma'am.

00:03:45Okay.

00:03:46I would never bring a truck into any mechanic or to any dealership mechanic and say, fix it.

00:03:52When they was calling me, telling me additional problems that was wrong, I would call them,

00:03:56which I have my phone records that show that I was also calling them once the dealership

00:04:00called me to fix the truck.

00:04:01Well, just a second.

00:04:03Because some stuff on the truck wasn't able, like, it needed a new gear, it needed new transmission

00:04:08was messed up on the truck.

00:04:09Just a second.

00:04:10All I want is what you're telling me that your father told you to go ahead and fix those

00:04:15things each time you got a call?

00:04:17Yes.

00:04:17Okay, so you would call them in, and your father would not say to you, well, how much

00:04:21is that to fix?

00:04:22Well, yeah, he was, but I had already had a settled amount that I told him that I was

00:04:26willing to spend, which was $10,000.

00:04:28Well, did you spend $10,000?

00:04:30The truck was actually over $10,000.

00:04:32I understand to fix it, but you actually spent the $10,000.

00:04:37$10,900 to fix the truck.

00:04:40Yes, ma'am.

00:04:41And you have the truck?

00:04:42Yes, ma'am.

00:04:42And I think the truck was $13,000 to fix.

00:04:46Yes, ma'am.

00:04:47So you paid the additional $3,000.

00:04:49Yes, ma'am.

00:04:49Now the truck is running.

00:04:51Yes, ma'am, it's running.

00:04:51It was running before, your honor.

00:04:53But it's running now better because there are...

00:04:55Yes, ma'am.

00:04:56Because...

00:04:56We're not using it.

00:04:57Just a second.

00:04:57I can only hear from one of you.

00:04:58He said the truck is in use.

00:05:00You said no.

00:05:00It's not used.

00:05:01It's a truck.

00:05:02No, your honor.

00:05:03I misunderstood what you said.

00:05:04I thought you was talking about the repair.

00:05:06You're saying, is the truck operable now?

00:05:08Yes, it's operable, but it's not on the road.

00:05:10It's not on the road?

00:05:11Who cares if it's not on the road?

00:05:12Oh, yes, ma'am.

00:05:13The idea was he was supposed to fix the truck and supposed to be able to use the truck.

00:05:18Yes, ma'am.

00:05:19Is he able to use the truck?

00:05:20Yes, he's able to use the truck.

00:05:22Okay, great.

00:05:23When was the last time he tried to use the truck?

00:05:26He never tried to use the truck after it was fixed.

00:05:28He said that he no longer wanted to be a part of the deal to give him his money back.

00:05:33Okay.

00:05:33I have something.

00:05:35Now, when a truck originally got fixed in February, my dad came into town multiple times.

00:05:40It was one more piece that needed to be fixed, which was the ABS module, which if you get pulled over, they're going to stop you and shut you down completely.

00:05:47I don't know that.

00:05:47And I told him, hey, we need to get that fixed.

00:05:50He came into town three times, and I asked him, hey, is you going to take the truck to the shop?

00:05:54Hey, is you going to take the truck to the shop?

00:05:55He said no.

00:05:56And he's like, well, it don't have any insurance.

00:05:59And it was just a whole bunch of excuses why he couldn't take the truck to the shop.

00:06:03Whether he can or he can't, he says, and your mother says you're able to use the truck.

00:06:07But I don't have a CDL, so I'm not able to drive it.

00:06:09Well, you didn't have that when you took it in anyway, to be fixed.

00:06:13But I didn't take the truck over there.

00:06:14He drove the truck to the mechanic shop.

00:06:16Whatever.

00:06:16I don't care who drove it there, but your agreement with him was you tried to buy a new truck.

00:06:21It was much too expensive.

00:06:22Your agreement with your parents was that you would take an older truck of theirs that needed a lot of work,

00:06:28and you took it into a mechanic, and the mechanic was going to fix the truck, make it operable,

00:06:33so that you would have an opportunity to use it and make money.

00:06:37Yes, ma'am.

00:06:37And so I'm asking you, now the truck is fixed to the tune of $13,000.

00:06:42When was the last time that you asked to use the truck that your parents said you can't?

00:06:46Well, I asked him, can I have his dad take the truck to get the additional piece put on,

00:06:51and he told me no, just to wait till he come into town.

00:06:54Okay.

00:06:54After the agreement that your son was going to pay the money, fix the truck,

00:07:02was your agreement with him that he could use it at will?

00:07:05I gave him a specific time.

00:07:08I'd like to hear what the specific times were.

00:07:09The specific time was...

00:07:11Let's make it up as we go.

00:07:12No, no, ma'am.

00:07:13I'm thinking straight.

00:07:14Tina and Felicia are countersuing for slander and an assault.

00:07:18Okay, so I have $800 balance for the RV.

00:07:22Now, you want to tell me about this alleged assault,

00:07:25which, according to you, is worth another $9,000?

00:07:28Well, yes.

00:07:29Well, as I was speaking with Tina about it after that,

00:07:33me and her were going back and forth.

00:07:35And we were yelling at each other, and then her wife got involved,

00:07:38and I told her, you need to stay out of it.

00:07:39And then I told Tina, I'm done with it.

00:07:41You know, I'm going back.

00:07:42I'm going to make sure that I have someone pick up the RV tonight.

00:07:46And she got upset, screamed, no, you're not.

00:07:48It's a done deal.

00:07:49No, it's not.

00:07:50You're not doing this.

00:07:51And I said, yes, I am.

00:07:53I'm getting my RV tonight.

00:07:55And then I went, turned around, went into my car.

00:07:58Felicia says, you ain't getting spit on me from the passenger side.

00:08:02And Tina runs up and punched me in my face,

00:08:05and my glasses flew this way.

00:08:07And that's when I told her, that's it.

00:08:09She's in trouble now.

00:08:10And so that...

00:08:11Do you have a police report on that?

00:08:12I do.

00:08:14On photographs?

00:08:15Do you have any medical record?

00:08:16I do got the medical records right here.

00:08:30Okay, this is standard fare.

00:08:32It doesn't give me...

00:08:33It shows that I did go to the doctors two days after

00:08:37because I was having migraines.

00:08:39And I'm showing that.

00:08:40That's why I'm not understanding it, because it doesn't make sense.

00:08:43Okay.

00:08:44Do you have photographs of your alleged injury to your face?

00:08:47No, I have the police reports, but it takes 15 days for that.

00:08:51Just a second.

00:08:52All I'm asking you is, you don't have medical records of the day of this injury.

00:08:56You had a headache.

00:08:57Two days later, you went to the hospital.

00:08:58So this is useless to me.

00:09:00You don't have photos of your injury, and you don't have a police report.

00:09:04Is that what you're telling me?

00:09:05I do have the police number for it, but I don't have the report on me, though.

00:09:08No.

00:09:09Okay.

00:09:10So far, I owe you $800.

00:09:12Now, you have a counterclaim, because you acknowledge you owe her $800.

00:09:16You have a counterclaim for harassment, slander, and assault.

00:09:19Who are you alleging the plaintiff assaulted?

00:09:23Can I explain what you're asking?

00:09:24No.

00:09:25Who are you alleging the plaintiff assaulted?

00:09:28That would be you.

00:09:28That's Felicia.

00:09:29How did the plaintiff assault you?

00:09:31She ran me over.

00:09:33She tried to run me over.

00:09:35Just, well, there's a difference between running you over and trying to run you over.

00:09:39Did she run you over, or did she attempt to run you over?

00:09:42She attempted to run me over.

00:09:43Okay.

00:09:44So that, at best, would be an attempted assault.

00:09:47Yes.

00:09:47So you suffered no injuries.

00:09:49No.

00:09:49Okay.

00:09:50Do you have any police report?

00:09:52I do, Your Honor.

00:09:53Indicating that you told the police on that date that she attempted to run you over.

00:09:59This is the one where she, it says, where she tried to run my wife over.

00:10:02Okay.

00:10:03I'd like to see it, please.

00:10:05This is the original issue.

00:10:06No, no, I don't, I, that's all I want.

00:10:14Okay, so it says, I told her to start the truck up and move her car because I was leaving,

00:10:20and she was behind us, still arguing.

00:10:24So she put it in gear and tried to hit my wife.

00:10:28Is that what you're talking about?

00:10:29Mm-hmm.

00:10:29Okay.

00:10:30Did you suffer any injuries?

00:10:32No, Your Honor, I did not.

00:10:33Okay, so this case is a very simple one.

00:10:36And then, Your Honor.

00:10:37Tina, the case is a very simple one.

00:10:39You owe her $800 for the balance of the RV, which you acknowledge in your text.

00:10:45The only other part that you have is for slander.

00:10:49Now, you say that in your cross complaint, the plaintiff has slandered you.

00:10:54I'd like to see the evidence that you have that she has slandered you.

00:10:58May I see it, please?

00:11:01I need to show her she wanted the dog.

00:11:07This isn't slander.

00:11:08I mean, she calls you nasty names, but sticks and stones, and she says they wouldn't pay me

00:11:13for my stuff, my RV, and so forth.

00:11:16That's not slander.

00:11:17Can I say one thing that I need to get out there?

00:11:19Because originally, she, the first thing before even doing any of this, she wanted a puppy.

00:11:25And that's where all this title and everything came in.

00:11:27I read the, I, I...

00:11:28She wanted a puppy.

00:11:29I read that, and then she changed her mind.

00:11:31Yeah, and that's where we got the title.

00:11:33I don't care.

00:11:34You owe her $800.

00:11:35You acknowledge in your, in your text messages...

00:11:38I try to keep in peace.

00:11:39Listen to me.

00:11:40I don't care.

00:11:40You acknowledge that you owed her $800, the balance of the $1,000 for the RV.

00:11:46She came to try to get it.

00:11:47There was an argument, and it got nasty.

00:11:50You owe her, Tina, the $800 that you agreed to pay her, the balance of the RV.

00:11:54Judgment for the plaintiff.

00:11:55Count the claims dismissed.

00:11:57We're done.

00:11:57This court is adjourned.

00:11:59No, I don't like it.

00:12:00I'm very happy with it.

00:12:01She wanted a dog.

00:12:02That's why she gave me the title.

00:12:04She asked me if I wanted a puppy, but she said that she'd make a deal with me and only

00:12:10charge me $1,200, which she changed her words, and it was $1,500, so I did not get the puppy.

00:12:14I tried to keep the peace and say, oh, okay, I'll pay you.

00:12:17After she changed her mind.

00:12:19She's a good liar.

00:12:20She's just a liar.

00:12:21I don't care.

00:12:22She needs money more than I do.

00:12:24I honestly think it's ridiculous.

00:12:26We should never have to come to this.

00:12:27The shame family.

00:12:28It's all good.

00:12:29No more family for sure.

00:12:30This case was another great example of why it's so important, especially with family

00:12:36and friends, if you're going to sell something of value, to have it in writing.

00:12:40People assume with strangers, oh, of course I should have a writing when I'm selling something.

00:12:44But when it's to a friend or a family member, that gift and loan line are very close together,

00:12:50and a writing proves to this court very easily which one of the two it is.

00:12:54So I think that that's a great takeaway from cases like these.

00:12:57It is.

00:12:57It's a great takeaway.

00:12:58I've always said that when you apply for a marriage license, you know, usually they just

00:13:03have to show your citizenship date of birth.

00:13:05But I actually think that a marriage license should include all the property that you claim

00:13:11as separate property.

00:13:12Yeah.

00:13:13Wouldn't that be easy?

00:13:15It would do away with probably 30% or 40% of the divorce proceedings that become acrimonious

00:13:21because you sort of lay it out.

00:13:23So I think that really writing is always important because at the time, you're usually happy with

00:13:30each other.

00:13:31At the time that you're contesting that, say you're not so happy.

00:13:34So if you have a writing or if you have a license, it makes everybody's job.

00:13:38And your stress level reduced.

00:13:42And I'm all about reducing my stress level.

00:13:45Of course.

00:13:46Case 2150, Thomas Williams versus Gilmore.

00:13:49All parties, please step forward.

00:13:51Diamond Thomas and Rumbi Williams are suing Rumbi's former friend, Shamia Gilmore, for a deposit

00:13:58and the cost of a brunch.

00:14:00Diamond, this is your boyfriend.

00:14:04Yes.

00:14:05And you were planning a baby shower?

00:14:07It was actually a sip and see for her.

00:14:09What is that?

00:14:10So it's like family and friends weren't allowed to really come to the hospital, so we decided

00:14:14to have a little event after the baby turned six weeks.

00:14:18Okay, so that was October 22nd.

00:14:21Yes.

00:14:21You hired Ms. Gilmore as the caterer of that little event.

00:14:25She quoted you a price of $500 to cater the event, and you gave her a $250 deposit.

00:14:32Correct.

00:14:32Then some stuff bothered you a little bit, because according to what I read, you found

00:14:40some either text messages or whatever between the defendant and boyfriend, which you felt

00:14:45were a little too cozy by her.

00:14:48Yes.

00:14:48And you gave her a buzz, and you sort of had it out with her.

00:14:52I don't want you to do this anymore, whatever.

00:14:54Anyway, you called her back and said, yes, I want you to do it.

00:14:57She ended up not doing this sip and see.

00:15:01And she finally called you and said, I'm not doing it.

00:15:03I don't like the attitude.

00:15:05I'm not doing it.

00:15:05And you said, fine.

00:15:06Give me my $250 back.

00:15:08She said, no.

00:15:09So you're suing her for not only your deposit back, $250.

00:15:12You did hire other people to cater the event.

00:15:15No, we did it ourselves.

00:15:16And you want her to pay $1,025, because you said that that's what it cost you over and

00:15:22above $250 plus the rest.

00:15:24Yes.

00:15:24Well, that you can't have.

00:15:27An offer and acceptance and a meeting of the minds.

00:15:30That was the contract.

00:15:31That doesn't have to be in writing.

00:15:32We have 173 Langley versus Howard.

00:15:36Look, Ms. Langley, your complaint states that you live in a rural area, 13 acres.

00:15:43Your business is pet sitting.

00:15:46Correct.

00:15:46The property that you own does not have running water.

00:15:50Correct.

00:15:51So all the water for your property has to be trucked in.

00:15:54Yes.

00:15:54The defendant is the owner of?

00:15:57The owner's wife.

00:15:59The same thing.

00:16:01They own a water business where they deliver by truck massive amounts of water.

00:16:06And you had used them for a period of time.

00:16:09Prior to Labor Day of 2021, when this incident occurred, how long have you been using the

00:16:15defendants?

00:16:16Probably about a year.

00:16:16And how often did they deliver water to your property?

00:16:20Four times a week.

00:16:22Usually three times for the pool and once for the house.

00:16:25Okay.

00:16:26And each time they came, was that on a set time during the week?

00:16:32We tried to get a set time, but it varied quite often.

00:16:36Okay.

00:16:37Would they call before they came?

00:16:38No.

00:16:39For the year that you had them, when they came, did you pay them at the time that they

00:16:44came?

00:16:45Yes, I did.

00:16:46Oftentimes we paid in advance.

00:16:48So we paid for the entire week.

00:16:49So we either paid in advance or you paid at the time of the delivery.

00:16:52Yes.

00:16:53Did you give them a check or cash?

00:16:55Check.

00:16:56Now let's get to Labor Day 2021.

00:16:59On what day were they supposed to come?

00:17:01I believe it was the 4th of September.

00:17:03It was on a Friday.

00:17:04And who was at home to accept the delivery?

00:17:06We didn't know when they were coming, but I had taken my employee out to lunch and I

00:17:11called my nephew who was there holding down the fort and told him if they deliver water,

00:17:16let them know I forgot the check so they can either deliver or come back later.

00:17:21Well, you live in a rural area.

00:17:22Coming back later is a big inconvenience because you forgot the check.

00:17:26Yeah, it could be.

00:17:27Yeah.

00:17:27It happened that it was a big inconvenience because you went out for lunch and you left

00:17:33a nephew.

00:17:34They came, the check wasn't there, and they left with the water.

00:17:39Now, what time did you come?

00:17:41I wasn't the one who delivered the water.

00:17:42It was my husband, but I believe he had came.

00:17:45No, he'll tell me.

00:17:46Oh, okay.

00:17:47So this was about a year and a half ago.

00:17:48I don't remember the exact time, but it was an AM delivery because we were going out

00:17:52of town Friday evening going up north.

00:17:54So I was trying to get done with our route fairly early so that we could get out.

00:17:57So the first time you came to the house was in the morning?

00:18:00That's correct.

00:18:01Not lunchtime?

00:18:02No.

00:18:02It was probably somewhere around 10 AM if I was to guess.

00:18:05Okay.

00:18:05And when you got there that one time, the nephew was there?

00:18:09That's correct.

00:18:10And tell me what happened?

00:18:11Well, the nephew, for starters, is about 12 years old.

00:18:13And the reason why we don't necessarily have a time frame for businesses is because if

00:18:18it's between business hours, when we show up and if they need water, usually that shouldn't

00:18:21be an issue for the business.

00:18:23Don't give me a whole story, sir.

00:18:25The nephew was 12 years old.

00:18:26Okay.

00:18:27And he was left in charge of the pets.

00:18:29That's correct.

00:18:30Okay.

00:18:30So the nephew was left in charge of these animals.

00:18:33And when you came, there was no check.

00:18:35What happened?

00:18:36It wasn't even about the money the reason why I left.

00:18:38The reason why I showed up there is he was talking on the phone and he said, we are not

00:18:43ready for water right now.

00:18:45He was on his phone?

00:18:46Yes.

00:18:47Where did this conversation take place?

00:18:49Near the pool, the dog pool.

00:18:51And we were actually taking 4,000 gallons.

00:18:54So I brought my big truck.

00:18:55I bring 2,000 for the doggy pool and then 2,000 for the house because it had holiday weekend.

00:19:00So I had to make sure that we got him enough water to last through the holiday weekend.

00:19:03Okay.

00:19:03And I assume that the plaintiff was satisfied with your service because she had continued with

00:19:08your service for over a year.

00:19:10Yes, that's correct.

00:19:10That's according to you.

00:19:12We had...

00:19:12That's according to you.

00:19:13You had been satisfied with their service because if you weren't, you would have found

00:19:16somebody else.

00:19:17But you had been satisfied with their service.

00:19:19According to you, you paid them in advance or on the date of the delivery.

00:19:22On Labor Day, September 4th, you left your 12-year-old nephew there.

00:19:2812, but...

00:19:29Well, how old is he?

00:19:3013?

00:19:30He's 15.

00:19:31So what?

00:19:32What's the difference?

00:19:33Okay, I'm just...

00:19:33Well, maybe he's 15 now.

00:19:34Maybe he wasn't in 2021.

00:19:36So the nephew said to you, we're not ready for water delivery now.

00:19:41That's correct.

00:19:41Is that what you're saying?

00:19:42Now, your business have a phone?

00:19:44Correct.

00:19:45Did the plaintiff ever call you and say, I'm home now, I'm sorry, there was a mix-up?

00:19:49No, so what happened, I showed up there, he wasn't ready for water.

00:19:53I told him, I go, that is...

00:19:54What do you have to do to get ready for water?

00:19:56For their purposes, I believe it was to try to use up as much as they can.

00:19:59No, no, don't tell me what you believe.

00:20:00I want to know what you have to do to get ready for a water delivery.

00:20:05You have to open up a spigot.

00:20:06What do you have to do?

00:20:07Okay, so basically they're holding tanks that are in basements or in the ground.

00:20:11So normally nobody even has to be there, 90% of our customers.

00:20:15This particular case, one of their tanks is in a basement, which doesn't have an alarm.

00:20:18So in order to fill their tank up, somebody has to be down there with a radio to radio

00:20:22up to us to know when to shut the water off.

00:20:25Okay, so that would have had to have been the nephew, who was between the ages of 12

00:20:30and 15, would have had to have been in the basement.

00:20:32That's correct.

00:20:33Okay.

00:20:34And when you came onto the property, he said, we're not ready for a water delivery.

00:20:38That's correct.

00:20:39And he would have had to have been in the basement.

00:20:41That's correct.

00:20:42So you left.

00:20:43Yes.

00:20:43What happened next?

00:20:45Your Honor, I told him that I go, it's not that big of a deal.

00:20:48I go, I got a few more stops.

00:20:50I'm going to go do those stops and then I'll come back.

00:20:52And then hopefully you'll be ready and your aunt would be ready for water at that time.

00:20:56So I went and did my two stops.

00:20:58So I used up another 4,000 gallons.

00:21:00I filled back up, went back to their house.

00:21:03At this time, it was probably somewhere around 12.

00:21:05And again, he said, we're still not ready for water.

00:21:08So you went back again at noon?

00:21:10Between 12 and 1, I would say.

00:21:12And the plaintiff wasn't home?

00:21:14That's correct.

00:21:14Again.

00:21:15How many hours passed between the first delivery and the second?

00:21:19It takes me about 45 minutes per stop and I know I did about two stops, about an hour

00:21:22and a half it took me before I was back there.

00:21:24And for that hour and a half, she didn't come back.

00:21:26So she was either a very late breakfast or a very early lunch.

00:21:30That's correct.

00:21:31Okay.

00:21:31So now they go twice to deliver water to you and you're not there and neither is your

00:21:36check.

00:21:36So now you tell me what happened next.

00:21:39Kyle called me.

00:21:40First, he doesn't have a phone, but we do have a business line.

00:21:43So he called me on the business line and told me that the driver just left.

00:21:47He goes, I don't know where he went.

00:21:49He said, I think he went to Kyle.

00:21:51Who was that?

00:21:52I'm sorry.

00:21:52He's my nephew.

00:21:53Your nephew called you.

00:21:55What time?

00:21:56Well, our lunch is...

00:21:57What?

00:21:57You went before lunch because he was there earlier in the morning.

00:22:01He did not go before lunch.

00:22:02We went 12.30 to 2.

00:22:03The dogs always napped, 12.30 to 2.

00:22:06We separated the dogs.

00:22:07How many times did they...

00:22:08We went to lunch and we were five minutes left.

00:22:09How many times did they come to your house to deliver water?

00:22:12According to what I was told, I wasn't there, two.

00:22:15Well, that's what he says.

00:22:16He came twice.

00:22:18We haven't gotten to the third yet, but he came twice to your house and you weren't there.

00:22:22Correct.

00:22:22You're supposed to wait for a service.

00:22:24You're supposed to be there ready for the service.

00:22:26That would be on you.

00:22:27That's not on them.

00:22:28That on you.

00:22:28They came when they were supposed to, to deliver water and you weren't there and you left somebody

00:22:34who was not equipped to deal with the situation in charge.

00:22:38And what happened was you didn't have water, potentially, over the holiday weekend because

00:22:43they were going away, so you had to scurry to find other water.

00:22:47Correct.

00:22:48That's what this case is about.

00:22:52If your preteen or postteen nephew was on the telephone, didn't want to be bothered at

00:22:57that moment, that ain't his fault.

00:22:5921-36, Deppenbrock versus Austin.

00:23:02You're welcome.

00:23:02Dippenbrock.

00:23:05Yes.

00:23:06You bought a foal, which is a baby horse, in utero, which means that the horse had not

00:23:13yet had this foal, but you wanted to place an order for it and Miss Austin is in that

00:23:20business.

00:23:21Correct.

00:23:21You entered into a contract.

00:23:23By the way, what is the gestation period of a horse?

00:23:26Roughly 340 days.

00:23:28And at what period in the horse's pregnancy did you enter into this contract with the

00:23:34plaintiff?

00:23:35Roughly three and a half months into the gestation.

00:23:39Okay.

00:23:39Did you have a written contract?

00:23:41Yes, Your Honor.

00:23:42I'd like to take a look at it because this is a contract action.

00:23:45And it is your claim that you made a substantial deposit over $3,000 for the horse that when

00:23:52the horse was born, it did not meet the specifications of this contract.

00:23:57You wanted your money back.

00:23:58The defendant says that's not true, that the horse didn't meet all of the requirements

00:24:03of this contract.

00:24:05The one specifically that you're referring to is something in this contract, which I

00:24:09read, I assume, that says that the horse must be, once born, insurable within the first

00:24:16two days or 48 hours of its birth, and that this horse was not insurable within 48 hours,

00:24:22and therefore you decided to terminate the contract.

00:24:25Correct. That's your position, correct?

00:24:27Yes, Your Honor, I requested that.

00:24:28And it's your position that the horse was, in fact, insurable?

00:24:31You say you can prove that because you did, in fact, get insurance on the horse within 48 hours

00:24:36of the horse's birth?

00:24:38And so...

00:24:39No, no, no.

00:24:40Don't...

00:24:40Part of that statement is...

00:24:41Your position is that you met the conditions of the contract.

00:24:43Okay.

00:24:43The deposit for 25% of the purchase price, the seller agrees to hold the foal off-market

00:24:55exclusively for the buyer until the foal reaches 48 hours old and is deemed insurable.

00:25:02Well, does that mean that foal is taken from the mother and transferred?

00:25:07No.

00:25:07So the foal stays with the mother until it's how old?

00:25:09I choose to wean at six months because they seem to be better adjusted if you wait until

00:25:15that period.

00:25:16Okay.

00:25:17And it's not that you can't get insurance.

00:25:20It's that a live, healthy foal is defined as a foal that is deemed insurable at 48 hours

00:25:29old.

00:25:29And if the mayor fails to produce a live, healthy foal, then the buyer may request a refund

00:25:37of the deposit or a credit towards another purchase.

00:25:41Okay.

00:25:41So the foal was born when?

00:25:44June 9th, 2022, at roughly 5.30 in the morning.

00:25:49Okay.

00:25:50Your case, your proof.

00:25:52Okay.

00:25:52So I had to find out the foal was born through Facebook.

00:25:55Okay.

00:25:55Whatever.

00:25:56She never notified me, and then I went to see the foal when it was a day old on Thursday.

00:26:01One day old?

00:26:02I mean, well, not even 12 hours old, basically.

00:26:05Okay.

00:26:05So it was not a day old.

00:26:06It was 12 hours old.

00:26:08Correct.

00:26:08I'm sorry.

00:26:0812 hours old.

00:26:10June 10th, she told me that that would be out at 9.30 in the morning to do the routine

00:26:14foal exam.

00:26:15And I had requested to be notified of the results.

00:26:17Just tell me about the contract.

00:26:19The foal is born alive and is how old now?

00:26:23She turned five months old on the 9th of this month.

00:26:26You have pictures of her?

00:26:27I do.

00:26:28I'd like to see.

00:26:40Oh, it's beautiful.

00:26:42Have you seen her?

00:26:43I have.

00:26:44Recently?

00:26:45No.

00:26:46Would you show the plaintiff these photographs?

00:26:49Yes.

00:26:50Yes.

00:26:53It looks perfectly healthy to me.

00:26:59I couldn't get insurance when she was...

00:27:01Just a second.

00:27:01It looks perfectly healthy to me.

00:27:04And I'm not an expert, but you would say that that horse looks pretty healthy.

00:27:08Yes.

00:27:09Okay.

00:27:09Great.

00:27:10So now the horse is 12 hours old.

00:27:13And tell me the rest.

00:27:14So at 48 hours old, I had submitted the vet report to eight insurance companies, and they

00:27:19all declined to insure the animal.

00:27:20Just a second.

00:27:21You submitted what report?

00:27:23Let me see the report, and let me see what you received.

00:27:27Okay.

00:27:28Did you furnish her with the report within 48 hours?

00:27:32I furnished her with what the vet gave me.

00:27:35He did the vet exam at 24 hours old, but he had to draw blood and send it to a lab and

00:27:42wait for that to come back.

00:27:43Okay.

00:27:43Just let me...

00:27:44Shh.

00:27:44This first thing is dated June 12th, 2022.

00:27:50And this laboratory is sending the report to you, and it seems that they put the horse

00:27:55on a course of antibiotics initially for one day because something came back high.

00:28:01But it says, I do not believe all foals should automatically get antibiotics.

00:28:07However, I stand by our decision to treat what turned out to be a completely normal and healthy

00:28:12foal.

00:28:13We can pull follow-up labs to be sure, but her behavior since the blood sample backs up

00:28:18the lab results.

00:28:19Her behavior since the blood samples, what does that mean?

00:28:23So for a foal to be considered doing well behaviorally, it needs...

00:28:27What are you a doctor of, first tell me?

00:28:29People.

00:28:30Internal medicine.

00:28:31Okay.

00:28:31For people.

00:28:32Okay.

00:28:33I brought it up for witness veterinarian.

00:28:35Okay.

00:28:37So now I have these test results, which I don't understand, and I'd like to see your reports

00:28:41from the insurance companies.

00:28:43How long was the foal on antibiotics?

00:28:54She received two doses, one the day the vet came out, and then one the following morning

00:28:59before he got the blood test results back.

00:29:02Which, when the blood test results came back...

00:29:04They were normal.

00:29:05They were normal.

00:29:06Yes.

00:29:06And he said, don't give any more antibiotics.

00:29:08She does not need them.

00:29:09And this report that you have from one insurance company, or from actually all of them, say

00:29:16underwriters have declined to provide coverage at this time and will reassess when the foal

00:29:22is off antibiotics.

00:29:24Well, the foal was off antibiotics within two days.

00:29:28Mrs. Austin told me she was on antibiotics for three days, actually.

00:29:31Well, either two or three days, but then the test results came back normal.

00:29:34The insurance companies, each of them will wait a certain amount of days.

00:29:37So that particular one wanted to wait seven days to reassess after the foal had been off

00:29:41antibiotics.

00:29:42A few of the companies were 30 days, and I think one was 14 days.

00:29:46Well, but that doesn't matter.

00:29:47All you need is one.

00:29:48I was taking a risk without having an animal that's uninsured, and I wasn't ready to...

00:29:51This is problematic for me, because if I put a deposit down on something that I really

00:29:57wanted, and within two or three days, any question with regard to whether or not the animal was insurable

00:30:06or healthy, if my intention was to honor the contract, I would say, let's see if the results are normal or abnormal.

00:30:13Now, the results came back that the foal was perfectly healthy.

00:30:18So unless you had, in my view, something preconceived that you wanted out of this deal for some reason

00:30:25other than insurability, it's your horse.

00:30:28I signed the contract based on the fact that she could be insured.

00:30:31The year before, I purchased another in utero, and that foal was insured at 24 hours old,

00:30:36and it was the same type of contract.

00:30:38I wasn't going to enter an contract.

00:30:38Well, that's all right.

00:30:39You understand what I'm saying to you.

00:30:42You understand what I'm saying to you, because my problem is, after I made the deposit, according

00:30:47to you, some things came to my attention that gave me anxiety.

00:30:51This is before the foal was even born.

00:30:53I learned about several plaintiff's horses that had to be put down.

00:30:57She had horses that were unsound, lame, and missing eyes.

00:31:00Her young horses were jumping and running in paddocks with huge boulders.

00:31:04I also found out that she tried to sell the mare that was pregnant with my foal to a friend

00:31:09of mine.

00:31:10It was unsettling.

00:31:11Correct.

00:31:11Right.

00:31:12So I'm trying to just put this in chronological order for myself to understand whether there

00:31:19was a true breach of this contract.

00:31:23You have a counterclaim.

00:31:25Yes, Your Honor.

00:31:26For what?

00:31:27When I originally got the notification from the court, I got kicked in the head by a horse

00:31:31on July 4th, and they had done testing.

00:31:35I'm out of work.

00:31:36They said I have a cognitive deficit.

00:31:38What does that have to do with what you want?

00:31:40Later.

00:31:40So this is a picture of the car before he painted it?

00:31:44No, ma'am.

00:31:44That's after.

00:31:46Well, it doesn't look bad.

00:31:46From afar.

00:31:47Listen, when you're born in 1964, everything looks better.

00:31:50Contracts.

00:31:51The foal is born on the 9th of June.

00:31:54Correct.

00:31:55Was given a dose of antibiotics on the 10th of June.

00:31:58Correct.

00:31:59Because they were suspicious of something before the blood was drawn.

00:32:03Correct.

00:32:03Given another dose of antibiotics in the morning of the 11th.

00:32:08Correct.

00:32:08The blood results come back on the 12th, which indicates that the horse was totally normal,

00:32:15and you advised her, correct?

00:32:18I immediately forwarded the email to her, correct.

00:32:21Okay.

00:32:21Now, the foal is 50 hours old, and you're told that the foal is totally healthy.

00:32:28I'm not sure that I'm comfortable with your position that there was a material breach of this contract.

00:32:35I think that a perfectly healthy horse was born, and it was within a reasonable period of time, may not have been 48 hours,

00:32:44but if they were being very cautious in starting the course of antibiotics, you're the vet.

00:32:51Stand up and tell me if I'm not seeing something.

00:32:54That's right.

00:32:55The vet who saw the horse, was that you?

00:32:57It was not.

00:32:58Okay.

00:32:59Evidently decided that to be very cautious, they would await the blood test result on the horse, on the baby,

00:33:07and start a course of antibiotics that could be stopped if the blood tests came back normal,

00:33:14which they did within a day.

00:33:16Now, I don't think that there's been a material breach of this contract by the defendant.

00:33:20I think that you're obligated.

00:33:22If she wanted specific performance, that's fine, but you're not entitled to your deposit back.

00:33:26I have an email from an insurance company from the 21st when she finally told me that the bull was insured.

00:33:31Just a second.

00:33:31I can't take that risk for two weeks on an animal that I can't get insurance on.

00:33:35No, no, no, no, no.

00:33:36No, but your problem is it wasn't two weeks.

00:33:39Your problem was it was less than a day within adding it on to that 48-hour period,

00:33:44and I have to determine whether that was a material breach of the contract.

00:33:49Certainly, if the lab results came back that show that there was any deficiency in the horse,

00:33:55I would say absolutely you're entitled to your deposit back, but they did not.

00:33:59They came back and they said that a vet wanted to be very cautious, but the vet turned out to be wrong.

00:34:05My contract didn't state anything about a vet.

00:34:07I'm telling you, I don't find that one day was a material breach of the contract,

00:34:12because if you had then on the third day sent the normal blood test results out to the same insurance company,

00:34:20the insurance company would have found that the horse was insurable.

00:34:22They wouldn't because they wanted to wait seven days until the horse was off antibiotics.

00:34:27Then you wait seven days.

00:34:28That's still not a material breach.

00:34:30She's not asking you for the rest of the money.

00:34:32So if something would have happened in those two weeks, I would have been out $9,000?

00:34:36That is not accurate.

00:34:37Just a second.

00:34:37You were not.

00:34:38You weren't going to take the horse until the horse was six months old.

00:34:42I wasn't going to take the horse if it couldn't be insured.

00:34:46Well, it could be insured.

00:34:47It turned out that the vet was cautious and you were wrong,

00:34:50and I believe that you had already made a decision in your mind.

00:34:53I had not already made a decision.

00:34:54Well, I find that there's not a material breach.

00:34:56You don't get your deposit back.

00:34:58Now, the horse is yours.

00:34:59You have a counterclaim.

00:35:00Yes, Your Honor.

00:35:01For what?

00:35:02$1,500 for my lawyer costs and another $100 to file the counterclaim.

00:35:07For your lawyer's costs for what?

00:35:09When I originally got the notification from the court,

00:35:12I got kicked in the head by a horse on July 4th,

00:35:15and they had done testing.

00:35:17I'm out of work.

00:35:18They said I have a cognitive deficit that they're working.

00:35:21What does that have to do with what you want?

00:35:23I mean, I'm sorry about that, but what does that have to do?

00:35:25I obtained a lawyer to represent me in court

00:35:28because I didn't know if I would be capable of representing myself.

00:35:32Oh, well, but you are perfectly capable of representing yourself.

00:35:36You don't get your deposit back.

00:35:37So now you have a perfectly healthy horse that you can sell

00:35:41and hopefully sell for the same amount that you sold it to the plaintiff for

00:35:45and pay your attorney's fees.

00:35:47Do you understand?

00:35:47Because she lost her deposit.

00:35:49I don't think that there was a material breach of a contract

00:35:51with an extra one day to get normal lab results back.

00:35:55The case is dismissed.

00:35:56We're done.

00:35:56Thank you very much.

00:35:57This court is adjourned.

00:35:59As the judge read from the contract,

00:36:02as the seller, I assumed all risk on the foal

00:36:06until she was six months old.

00:36:08Quite a lot of money to make an investment in,

00:36:10and you want to make sure that your assets are covered

00:36:11and that the horse can be properly taken care of

00:36:13if something does come up.

00:36:14Therefore, the argument that the buyer would lose anything

00:36:18if something happens to the foal is inaccurate.

00:36:22I'm really happy with the two horses that I have,

00:36:24and I'll continue to stick with the ethical breeders that I know.

00:36:27And the insurance that we obtained was based on the exam at 24 hours old.

00:36:32Therefore, we have proven that we upheld the contract.

00:36:36So one interesting thing about that case is,

00:36:38as I was looking at the calendar of what day the horse was born

00:36:41and when the vet came out first and when the results came back,

00:36:44the horse was born on a Friday, and then the vet came out Saturday,

00:36:47and I was surprised that any lab sent labs back on a Sunday.

00:36:51So in a business that's so dependent on something you can't control

00:36:55when the horse is going to give birth,

00:36:57why would the defendant put in her own contract a 48-hour,

00:37:01such a tight window for insurability for the horse?

00:37:04Maybe it's standard practice.

00:37:06I don't know standard practices for horses or anything like that.

00:37:09It's a very, you're right, it's a tight window.

00:37:12And my guess is, although I could have asked the question,

00:37:15probably standard in that industry, I'm not sure.

00:37:18But it's interesting to note that in contract law,

00:37:21unless time is of the essence,

00:37:23there has to be some sort of material breach.

00:37:27And, you know, in this case,

00:37:28if the defendant had not had a vet come out

00:37:32and look at the horse for a week,

00:37:33well, that's a different story.

00:37:35She had a vet come out immediately,

00:37:37the vet was super cautious.

00:37:39The vet turned out to be ultimately, thankfully,

00:37:42mistaken that there was nothing wrong with the horse.

00:37:44Got a clean blood test,

00:37:46but the plaintiff had already determined

00:37:47that she had buyer's remorse with regard to this deal.

00:37:51There was another agenda there

00:37:52because the horse looked beautiful

00:37:54as it turned out, five months old,

00:37:55and a beautiful animal,

00:37:56and it was perfectly clear within 60 hours.

00:37:59And the defendant seems to love it now

00:38:00and very proud of it,

00:38:02so it's in a good place anyway.

00:38:03Yeah.

00:38:03Case 2134, Wimberley v. Mejara.

00:38:06All parties, please step forward.

00:38:08Tina Wimberley is suing auto body worker Robert Mejara

00:38:12for a refund of a 1969 VW Bug paint job.

00:38:18Ms. Wimberley, tell me about this car that you have.

00:38:21So I have a 69 Volkswagen Beetle.

00:38:22I've had the car for about 20 years.

00:38:24Where did you buy it?

00:38:25In Salt Lake City, Utah.

00:38:27Is it a bus or a Bug?

00:38:29It's a Bug.

00:38:29My goodness, I remember everyone had one of those cars

00:38:32that the whole world had those little bugs

00:38:35when they came out.

00:38:37Except me, scared to death.

00:38:40Anyway, you've had it for a long time

00:38:42and you try to keep it restored.

00:38:43Do you have a photograph of it?

00:38:44I do, yes, ma'am.

00:38:45I'd like to take a look at it, please.

00:38:49You acknowledge it's unsatisfactory

00:38:51because you said, I'll fix it.

00:38:53I said I'd take care of it.

00:38:54And a good gesture to try to make things work with her.

00:38:57I did not deny her any kind of service

00:38:59or say, go get lost until she started cursing at me.

00:39:03Wedding planner Tara Gordon

00:39:05is suing her former clients,

00:39:08Beatrice Jackson and Nicholas Smith,

00:39:10for the balance of a wedding contract.

00:39:13Court come to order.

00:39:14All rise.

00:39:15Have a seat, please.

00:39:16Case number 2030, Gordon versus Jackson Smith.

00:39:21You're welcome.

00:39:22Ms. Gordon, you're a wedding planner.

00:39:24Yes.

00:39:25You called her to plan a wedding

00:39:26that you were having in Las Vegas.

00:39:28Yes.

00:39:28It's your husband?

00:39:29Yes.

00:39:30The wedding was scheduled for what date?

00:39:31April 30th of 22.

00:39:33Your lawsuit against the defendants

00:39:35is for the balance of a fee

00:39:37that you say is due and owing to you.

00:39:39Ms. Jackson and Mr. Smith

00:39:41are counterclaiming for a whole bunch of things

00:39:44that you said that not only didn't they get

00:39:46everything that they paid for,

00:39:48that you selected the venue

00:39:49and they were ejected from the venue

00:39:52because they weren't allowed to have

00:39:53a wedding there or serve liquor.

00:39:55So what was your fee that you quoted the defendants

00:39:59and how much of that fee did they pay?

00:40:01My fee for planning the wedding was $4,000.

00:40:04And that $4,000,

00:40:07was that fee reduced to a contract?

00:40:09Yes, it was.

00:40:10I'd like to see it.

00:40:11Okay.

00:40:14Ms. Jackson, this your first wedding?

00:40:19Yes.

00:40:20And yours?

00:40:21Yes.

00:40:26Okay, your total fee was $4,000

00:40:28and a deposit of $2,000.

00:40:30Did they give you a deposit?

00:40:31Yes.

00:40:31Okay.

00:40:32So they signed an agreement to pay you $4,000.

00:40:34How much did they pay you in total?

00:40:36In total, for our planning fee,

00:40:38they paid us...

00:40:39No, in total,

00:40:40how much did they pay your company?

00:40:42$2,000.

00:40:44$2,000.

00:40:45Correct.

00:40:46So how our company is set up

00:40:47is we're set up as an affordable payment plan

00:40:49for a wedding.

00:40:50So we set up our clients on a payment plan.

00:40:53So they also pay the expenses

00:40:54of all of their wedding through us.

00:40:56So you have to send them an invoice

00:40:58for what it was that you spent for the vendors.

00:41:01Correct.

00:41:01Okay.

00:41:02And then also the default of that contract

00:41:04states that if they miss payments,

00:41:06they have breached the contract.

00:41:08That's why we're here.

00:41:09Each of you is accusing the other

00:41:10of breaching this agreement.

00:41:12You say that they didn't finish paying you

00:41:14what they owed you,

00:41:15and they say you didn't furnish the services to them

00:41:18that they signed up for for the wedding.

00:41:20They gave you $2,000,

00:41:22and the wedding was supposed to be held where?

00:41:24The banquet hall.

00:41:25Did you send them a deposit?

00:41:27No, because at that time,

00:41:28she had not paid enough money.

00:41:29Just a second.

00:41:30The answer is no.

00:41:31You had not sent them a deposit.

00:41:33No.

00:41:34Had they sent you the deposit of $2,000?

00:41:38They sent me the deposit for our planning fee, yes.

00:41:41I'm talking about for your planning fee, $2,000.

00:41:43Yes.

00:41:44And how much was the deposit for?

00:41:4650% of $16,000, which was $8,000.

00:41:50And where is the invoice for that that you sent them?

00:41:53I don't have that invoice

00:41:55because she was not able to secure the venue.

00:41:57I read it, and from what I read in your complaint,

00:42:01the original venue that you secured,

00:42:04according to you,

00:42:06was rendered unavailable because of a broken pipe.

00:42:10That was the second venue.

00:42:12We went through three venues.

00:42:13The first venue, she lost that venue

00:42:15because she could not keep up with the payments

00:42:17and did not submit money for a deposit.

00:42:19The second venue was the R&R Event Center.

00:42:22That venue she lost because a pipe broke in the venue.

00:42:25Okay, just a second.

00:42:27R&R.

00:42:28Event Center.

00:42:29And when was that taken?

00:42:30That was booked on March 11, 2022.

00:42:35And I do have the invoice for that.

00:42:37And how much was it?

00:42:38$2,250.

00:42:40Okay, that's much better than $8,000.

00:42:42Okay.

00:42:43Did she put in a deposit?

00:42:44The deposit was made from the monthly payments

00:42:47that she makes towards her wedding.

00:42:49Show me invoices that you sent her every month.

00:42:52Yes, I have that.

00:42:54Well, I'd like to see them.

00:42:55This is the statement of the account.

00:42:59It lists all the invoices that she was sent on a monthly basis.

00:43:02So she paid you the $20,000 that was invoiced.

00:43:06Her wedding cost a total of $23,631.

00:43:09No, no, that's not what I said.

00:43:11Opening balance was zero.

00:43:13Invoice, $20,451.

00:43:16That's the butcher, right?

00:43:17Paid $19,356.

00:43:20That's what this says.

00:43:22Correct.

00:43:23Uncross your arms.

00:43:23Correct.

00:43:24No, that's correct.

00:43:24Okay.

00:43:24So she paid for everything.

00:43:26Now.

00:43:26No, she didn't pay for everything

00:43:28because as I just stated,

00:43:29her wedding cost a total of $23,691.

00:43:31No, let's go back to,

00:43:34because I see that we're not getting anywhere.

00:43:36Before her wedding,

00:43:38before anything happened,

00:43:40before she said,

00:43:42I do,

00:43:42and before he says,

00:43:43I take you,

00:43:44she paid practically $20,000,

00:43:48which was your original estimate

00:43:50on her budget for the wedding.

00:43:52Just a second.

00:43:53That's either a yes or a no.

00:43:54Before the wedding,

00:43:55your original budget

00:43:57that you were given by the defendant,

00:43:59I read the papers,

00:44:00was $20,000.

00:44:02So, and that's...

00:44:03Judge, that's either a yes,

00:44:05I read the papers,

00:44:07or a no.

00:44:07Yes, that's the budget she stated

00:44:09she would like to stay around.

00:44:10But however,

00:44:11in planning a wedding,

00:44:12you cannot give an exact

00:44:14of how it's going to cost.

00:44:14I didn't say that.

00:44:15I didn't.

00:44:15Madam, pay careful attention to me.

00:44:18I've made 16 weddings.

00:44:21I've had 16 event planners.

00:44:23I know exactly how it works,

00:44:25and I know exactly

00:44:26that you can't always predict

00:44:28to the $100

00:44:29or $50

00:44:30or sometimes $500,

00:44:33how much more

00:44:34the wedding is going to cost.

00:44:36It never costs less.

00:44:38That's not what I said to you.

00:44:40I said by the time

00:44:41the wedding took place,

00:44:42she had paid

00:44:44the vast majority

00:44:45of the original amount

00:44:46that she said

00:44:47she wanted to spend

00:44:48for the wedding.

00:44:49And that is accurate.

00:44:50Correct.

00:44:50She said she wanted

00:44:51to spend $20,000.

00:44:52She gave you over $19,000.

00:44:55Did that include your fee?

00:44:57No, it didn't.

00:44:58Just a second.

00:44:59So the answer is no.

00:45:00That's what she wanted

00:45:01to spend exclusive of your fee.

00:45:04Correct.

00:45:04Now, of your fee,

00:45:06she gave you an initial deposit,

00:45:08or they did, of $2,000.

00:45:11So...

00:45:11That's either a yes or a no.

00:45:14She gave you $2,000.

00:45:16Did she ever pay you

00:45:18the other $2,000 for the fee?

00:45:20And the rest of the expenses

00:45:22that you want

00:45:23are the additional expenses

00:45:25over and above

00:45:26the $20,000 that...

00:45:28Stop shaking your head.

00:45:30Over and above

00:45:31what she originally said

00:45:32she wanted to spend.

00:45:33Correct.

00:45:34Now, I'm going to get

00:45:36to what happened

00:45:36just about a week

00:45:38before the wedding.

00:45:40Okay.

00:45:40You had booked a place.

00:45:42She had paid for the place,

00:45:43$2,250.

00:45:46Yes.

00:45:46And that was at R&R.

00:45:47According to you,

00:45:48something happened at R&R.

00:45:49Stop shaking your head.

00:45:51It's annoying.

00:45:52Something happened at R&R.

00:45:54What happened at R&R and when?

00:45:56Correct.

00:45:56The wedding was scheduled

00:45:57to happen on April 30th.

00:45:59Just tell me

00:46:00what happened at R&R.

00:46:02I was informed by Rico,

00:46:03the owner,

00:46:04sitting on that side

00:46:05that a pipe had busted

00:46:06and the venue

00:46:07would no longer be available

00:46:08for usage on her wedding date.

00:46:09And on what date was that?

00:46:11It was around

00:46:12the week before her wedding

00:46:14or two weeks before her wedding,

00:46:15sorry.

00:46:15Date.

00:46:16I don't have the exact date.

00:46:19You own, manage,

00:46:22or what, this R&R?

00:46:23I'm the owner

00:46:24of R&R Events.

00:46:24Okay, tell me your last name, sir.

00:46:26Cox, C-O-X.

00:46:27Do you remember

00:46:28having a conversation

00:46:28with the plaintiff

00:46:29about the venue?

00:46:30Yes, ma'am.

00:46:31Do you remember when it was?

00:46:32March 25th of 2022.

00:46:35Can you tell me

00:46:36what you said to her

00:46:37and what she said to you?

00:46:38We had a conversation.

00:46:39I'm like,

00:46:39hey, probably with my venue,

00:46:41I had a pipe that busted.

00:46:43I won't be able

00:46:43to host their wedding.

00:46:44Well, the reception,

00:46:45I should say.

00:46:46So I informed her,

00:46:47I can put her in contact

00:46:48with other venues

00:46:49that I may know,

00:46:50or I could send her

00:46:51back the deposit.

00:46:52She asked for the deposit back.

00:46:54I sent the deposit back

00:46:55probably within the hour.

00:46:56How much was the deposit?

00:46:58$2,250?

00:46:59No, ma'am.

00:47:00How much was it?

00:47:00It was $1,125,

00:47:03which was half.

00:47:04So 50%?

00:47:05Yes, ma'am.

00:47:05So you sent her back

00:47:06the deposit?

00:47:07Yes, ma'am.

00:47:07Did you receive the deposit,

00:47:09Ms. Gordon?

00:47:09Yes, I did.

00:47:10The wedding wasn't

00:47:11until April 30th,

00:47:12so you had plenty of time.

00:47:14Well, not plenty of time.

00:47:15You had time to look

00:47:16for a new venue

00:47:17or else they were going

00:47:17to have to change the date.

00:47:18Correct, and they found it.

00:47:19Just a shh.

00:47:23What venue,

00:47:24you can sit down, Mr. Cox.

00:47:25Thank you very much.

00:47:26What venue did you select?

00:47:29And had you ever

00:47:29used them before?

00:47:30No, I had not.

00:47:31I never worked

00:47:32with a challenge budget

00:47:33like this for a venue.

00:47:34If you don't like the budget,

00:47:36don't take the gig.

00:47:37Yeah, I won't.

00:47:38And that's where

00:47:39the reception was held.

00:47:40But that venue

00:47:41was not allowed

00:47:43to have this kind of party.

00:47:45I was not aware of that

00:47:46until the day of the wedding.

00:47:48That's your problem.

00:47:49That's not their problem.

00:47:51They hired you

00:47:52as an event planner.

00:47:53They did.

00:47:53And they got a wedding.

00:47:55The wedding went

00:47:56the entire time.

00:47:57The wedding was not closed

00:47:58until after the wedding

00:47:59had already ended,

00:48:00so they used the venue

00:48:01regardless.

00:48:02Okay.

00:48:02Ms. Gordon,

00:48:03it's your job

00:48:04as the event planner,

00:48:06which is what I don't understand

00:48:07you being here.

00:48:08It's your job

00:48:09as the event planner.

00:48:11They don't live in Las Vegas.

00:48:12That's your job

00:48:13to ensure that

00:48:14the place that you select

00:48:15is a venue

00:48:16that's capable

00:48:17of performing

00:48:19the duties

00:48:20that you outlined

00:48:21in your contract,

00:48:22which means

00:48:23they serve food,

00:48:24they're allowed

00:48:24to serve liquor,

00:48:25they're allowed to dance,

00:48:26they're allowed to host

00:48:27an event of how many people?

00:48:28There was supposed

00:48:29to be 120,

00:48:29but all of my guests

00:48:30didn't get their invitation.

00:48:31Okay.

00:48:32So over 100 people.

00:48:33Actually, Your Honor,

00:48:34it wasn't that they were

00:48:35not allowed to have

00:48:35the wedding there.

00:48:36They were allowed

00:48:37to have the wedding

00:48:38there.

00:48:38What they were not

00:48:39allowed to do

00:48:40was the business

00:48:40was not allowed

00:48:41to operate

00:48:42after a certain time,

00:48:43and that is what

00:48:44the business owner

00:48:45produced to us.

00:48:46Just a second.

00:48:47You want to show me

00:48:48a contract that she signed

00:48:49with that business owner?

00:48:50Ms. Gordon.

00:48:51Yes, I do.

00:48:52Yeah, I would like

00:48:52to see the contract

00:48:53that you signed

00:48:54with this business owner.

00:49:04Sarah, just for my

00:49:05own information,

00:49:06would you look up

00:49:06this venue, please?

00:49:08Tell me what you find.

00:49:10Sure.

00:49:13Ms. Gordon,

00:49:14this space

00:49:14was a little less money

00:49:16than the previous space

00:49:19that you had selected.

00:49:21Correct.

00:49:21$500?

00:49:22$700?

00:49:23Yes, and that's because

00:49:23they were not providing

00:49:24all of the things

00:49:25that the original event

00:49:27place was providing.

00:49:28Was this event space

00:49:30that you booked

00:49:31at the end of the evening,

00:49:32I don't want to use

00:49:34the word raided,

00:49:35closed by the police?

00:49:37That's either a yes.

00:49:38Did the police arrive

00:49:40at this venue?

00:49:41Yes, they did.

00:49:42Okay.

00:49:42And what time

00:49:43did the police arrive

00:49:44at the venue?

00:49:45They arrived at 930.

00:49:47Is there a police report

00:49:48that anyone has?

00:49:50No.

00:49:50And how many parties

00:49:52have you done

00:49:53where police arrived

00:49:54at the end of an evening

00:49:56or during the course

00:49:57of an evening,

00:49:57in the two years

00:49:58that you've been

00:49:59in Las Vegas?

00:50:00Never.

00:50:00And the police arrived

00:50:02at this wedding

00:50:02not because anybody

00:50:04was creating a disturbance,

00:50:06there weren't shots fired.

00:50:07Well, no, that is,

00:50:08that is why.

00:50:12You may say to her,

00:50:13I don't know anything

00:50:14about the venue,

00:50:14but that's your job.

00:50:16You're supposed to know

00:50:17about the venue.

00:50:17When I told her

00:50:18in the first place

00:50:19that she needed

00:50:20to postpone her wedding.

00:50:21Owe for the balance

00:50:22of their wedding.

00:50:23Beatrice and Nicholas

00:50:24are countersuing

00:50:25for breach of contract.

00:50:27Okay.

00:50:28Police arrived at this wedding

00:50:29not because anybody

00:50:31was creating a disturbance,

00:50:32there weren't shots fired.

00:50:34Well, no, that is,

00:50:35that is why.

00:50:36They initially had a report

00:50:37because her police...

00:50:38Well, I don't know that.

00:50:39If you can show it to me...

00:50:40I don't have the police.

00:50:41I'd be more than happy

00:50:42to look at it.

00:50:43The police showed up...

00:50:44May I bring my witness up, please?

00:50:46For what reason?

00:50:46Because she can attest

00:50:47to the articulation

00:50:48that took place prior,

00:50:50which is why

00:50:51we were even brought up

00:50:52on the radar

00:50:53because the other businesses

00:50:54in the vicinity

00:50:56of where the business

00:50:57takes place

00:50:58had complained.

00:50:59There was a lot

00:51:00of altercation

00:51:00back and forth

00:51:01outside of the event

00:51:02because she refused

00:51:03to sign the agreed-upon

00:51:05payment plan

00:51:05to continue payments

00:51:07after the wedding.

00:51:07Do you understand

00:51:08that I'm not

00:51:09particularly sympathetic?

00:51:11I'm not...

00:51:11I'm letting you know

00:51:12I'm not particularly sympathetic

00:51:14for the following reason.

00:51:15Mm-hmm.

00:51:16Somebody plans a wedding

00:51:17and has a budget

00:51:18of $20,000

00:51:19plus your fee,

00:51:20so that's, say,

00:51:21$25,000

00:51:22that they either put together

00:51:24or are saving up

00:51:25for a wedding,

00:51:27first for each.

00:51:28A week before the wedding,

00:51:30something happens

00:51:31with the venue

00:51:32where the wedding

00:51:33could not be held

00:51:34at the venue

00:51:34of their choice.

00:51:35They're relying

00:51:36on an out-of-state

00:51:37wedding planner,

00:51:38that's you,

00:51:39to find a legitimate venue

00:51:40that is licensed

00:51:42to have an event.

00:51:43When they get

00:51:44to Las Vegas

00:51:45and on the date

00:51:46of the wedding,

00:51:46you present them

00:51:47with a new contract.

00:51:48No, that is not true.

00:51:50That is where you have it

00:51:51incorrect.

00:51:51Just a second.

00:51:52When did you give them

00:51:53because you said

00:51:54that the problem

00:51:55which caused the police

00:51:57to come...

00:51:57Just a second.

00:51:59I don't understand.

00:52:00Before I selected

00:52:01the very last venue,

00:52:03she was on FaceTime

00:52:04with me

00:52:04looking at the venue

00:52:05with me

00:52:06because I informed her

00:52:07I've never worked

00:52:08with this venue.

00:52:09I don't know anything

00:52:10about the venue.

00:52:11I told her

00:52:12that the best thing

00:52:13for her

00:52:13is to postpone

00:52:14her wedding.

00:52:15She was already

00:52:16behind in payments.

00:52:17This is her third venue.

00:52:18Just a second.

00:52:19She paid you

00:52:19almost the entire $20,000.

00:52:21She paid it in March.

00:52:23In March.

00:52:24Doesn't matter.

00:52:25She paid you

00:52:26almost the entire...

00:52:2730 days before her wedding.

00:52:29That's what you're not hearing.

00:52:31I'm not looking at you.

00:52:33Before her wedding,

00:52:35she paid you

00:52:35almost the entire amount

00:52:37of the $20,000

00:52:38that she originally gave you

00:52:40as a budget

00:52:41before the wedding.

00:52:42If you look at the contract,

00:52:43it says that you're

00:52:43going to make monthly payments

00:52:45so that we can

00:52:45adequately plan your wedding.

00:52:47You booked me

00:52:47back in 2021,

00:52:49almost a year

00:52:50before your wedding.

00:52:51The wedding was to be planned

00:52:53over the course of that year.

00:52:54The initial venue

00:52:56that I have worked with

00:52:57that I know is reputable,

00:52:59she ended up

00:53:00not paying the deposit on time,

00:53:02so they had to move forward

00:53:03with another date.

00:53:05After that,

00:53:05I didn't get any payments

00:53:06from her until March

00:53:08when she got her tax return.

00:53:10And then at that time,

00:53:11I was forced with

00:53:12less than 60 days

00:53:14to try to find another venue

00:53:16in which I did,

00:53:17which was R&R event space,

00:53:20and then a pipe busted

00:53:22in that event space,

00:53:23and then I was forced

00:53:24to find another venue for her.

00:53:27I told her back in January,

00:53:29the top of the year,

00:53:30you need to postpone

00:53:31your wedding.

00:53:31Before invitations went out,

00:53:33before all of that,

00:53:34when she was having troubles

00:53:35with her payment plan,

00:53:37I advised her

00:53:38as a professional,

00:53:39I think you should postpone

00:53:42your wedding date.

00:53:43You may talk a lot,

00:53:44but the bottom line is

00:53:45you're the expert.

00:53:47Uncross your arms.

00:53:48You're the expert.

00:53:49You're trying to talk over me?

00:53:51You're trying to talk over me?

00:53:53No, I'm not.

00:53:54Good.

00:53:54So you're the expert.

00:53:55She's out of town.

00:53:57The reason that she selects

00:53:58a wedding planner in Las Vegas

00:54:00is because you're supposed

00:54:01to know whether or not

00:54:02the venue that you recommend

00:54:04is able to take care

00:54:05of the party you book.

00:54:06You may say to her,

00:54:08I don't know anything

00:54:10about the venue,

00:54:11but that's your job.

00:54:12You're supposed to know

00:54:13about the venue.

00:54:14When I told her

00:54:15in the first place

00:54:16that she needed to postpone

00:54:17her wedding,

00:54:18that was my professional advice.

00:54:19You mean that's...

00:54:19No!

00:54:21No!

00:54:21That's not what she hired you for,

00:54:23to tell you to postpone

00:54:25her wedding.

00:54:26She hired you to plan

00:54:28her wedding,

00:54:28not to give her advice

00:54:29whether or not...

00:54:30Yes, she also...

00:54:30You're trying to talk over me.

00:54:32That doesn't happen.

00:54:34That doesn't happen.

00:54:35You have to understand

00:54:36there are certain things

00:54:37that you did.

00:54:38Okay.

00:54:39You scot out the invitations.

00:54:40That's a great thing.

00:54:41I assume you've got a DJ.

00:54:43That's great.

00:54:44All of those things.

00:54:45The wedding itself,

00:54:46to me, was problematic.

00:54:47If my wedding ended

00:54:49with the police coming

00:54:50to the venue

00:54:51and it turned out

00:54:53that the venue was one

00:54:54where you weren't allowed

00:54:56to have that kind of an event,

00:54:57I would be annoyed

00:54:58at the wedding...

00:54:59Again, they were allowed

00:54:59to have a wedding.

00:55:00No, they weren't.

00:55:01The police officer...

00:55:02The contract clearly states that.

00:55:03I don't care what it states.

00:55:05You started to tell me

00:55:12before that the reason

00:55:13the police came there

00:55:14is because there was

00:55:14an altercation

00:55:15about you giving her

00:55:17another contract

00:55:18on that date

00:55:19and there were words outside

00:55:20and people were complaining.

00:55:22Other people who were in the air...

00:55:23No, that's not what I said.

00:55:24What did you say?

00:55:25The night before her wedding,

00:55:27I explained to her...

00:55:28I want to know

00:55:28what's happened

00:55:29on the date of the wedding.

00:55:30That's what I'm about to tell you.

00:55:30Just a second.

00:55:31Can you let me finish

00:55:32so I can calculate this?

00:55:33No, I want you to go

00:55:34because I have

00:55:34a limited amount of time

00:55:36and I'm getting very old.

00:55:38I thought what you said to me,

00:55:40and you're going to read this back,

00:55:41is that the reason

00:55:43the police were drawn

00:55:44to the venue

00:55:46is because of the arguments

00:55:47outside...

00:55:48Correct.

00:55:49...with...

00:55:49Let's read that back.

00:55:51That's what I just...

00:55:51Just a...

00:55:52That was on the date

00:55:54of the wedding.

00:55:54Correct.

00:55:55You got married...

00:55:56Mm-hmm.

00:55:57...and you're happy

00:55:58and you had people

00:55:59at the wedding.

00:56:00Of course, I got a free wedding.

00:56:01And you...

00:56:02$20,000.

00:56:04You're almost done.

00:56:06Do you understand?

00:56:07You're almost finished.

00:56:10Go ahead.

00:56:12We were brought up

00:56:13on the radar

00:56:14because the other businesses

00:56:15in the vicinity

00:56:16where the event took place

00:56:18had complained.

00:56:19There was a lot of altercation

00:56:20back and forth

00:56:21outside of the event

00:56:22because she didn't agree

00:56:23to sign the payment plan.

00:56:23Okay.

00:56:24So, the reason that you said...

00:56:26Let's go back.

00:56:26That the police came

00:56:28to the venue

00:56:28and then shut it down

00:56:30because it wasn't allowed

00:56:31to be used for what

00:56:32it was used for

00:56:32was because there were

00:56:33altercations about

00:56:35this second contract.

00:56:36No, that's not the contract

00:56:38we were having

00:56:39an altercation about.

00:56:40That's what I'm trying

00:56:40to...

00:56:41Oh, just a second.

00:56:42On the day of the wedding,

00:56:44Ms. Gordon,

00:56:45did you present her

00:56:46with a new contract

00:56:47to sign?

00:56:48That's either a yes

00:56:49or a no.

00:56:50Yes, I did,

00:56:50but not for the venue.

00:56:52That's...

00:56:52I don't...

00:56:52It's not for the venue.

00:56:53I didn't say it was for the venue.

00:56:55Okay, yes.

00:56:55On the day of her wedding,

00:56:58did you present her

00:56:59with a new contract?

00:57:02The answer is yes.

00:57:03Yes.

00:57:03You said you had discussed

00:57:04that with her

00:57:05the night before?

00:57:06Correct.

00:57:07And...

00:57:07Uncrossed.

00:57:08Oh, sorry.

00:57:08And the night before,

00:57:10did she agree to sign...

00:57:12Yes, she did.

00:57:12Just a second.

00:57:13A new contract.

00:57:14Yes, she did.

00:57:15Okay.

00:57:16And the new contract

00:57:17provided for what?

00:57:19The new contract

00:57:19that she was supposed

00:57:20to sign...

00:57:21Provided for what?

00:57:23Provided for the

00:57:24remainder balance

00:57:25of the $23,681

00:57:28that her wedding

00:57:29actually cost.

00:57:30Because she had

00:57:31only paid $19,000...

00:57:34You have the sheet,

00:57:34so I don't have the exact number.

00:57:35$19,356,57.

00:57:37Correct.

00:57:38So since she had

00:57:38only paid that amount

00:57:40and the total expenses

00:57:41for her wedding

00:57:42were $23,681.

00:57:45Okay.

00:57:45So the night before,

00:57:46she agreed to make

00:57:47a payment plan with me

00:57:48to extend her payments

00:57:50beyond her wedding date

00:57:51to pay off this

00:57:52remainder balance.

00:57:53And is that what

00:57:54she agreed to on the phone?

00:57:56Is that what you're

00:57:57saying to me?

00:57:57Correct.

00:57:58She agreed with you on...

00:57:59She agreed if we...

00:58:00Shh!

00:58:01She agreed on the phone

00:58:02to pay you the additional

00:58:03$3,500,

00:58:04or $4,000

00:58:06and she agreed

00:58:07to pay it over time?

00:58:09Correct.

00:58:10And that was Friday night?

00:58:12Correct.

00:58:13And then she got

00:58:13to the wedding?

00:58:14Correct.

00:58:15And at what point

00:58:16did you present her

00:58:18with the new contract?

00:58:19At what point in the event?

00:58:20Upon her arrival

00:58:21to the reception venue.

00:58:23Now, what happened

00:58:24when you got

00:58:25to the reception venue?

00:58:26You'd already gotten

00:58:27through the ceremony,

00:58:28so you're already married.

00:58:29What time did you

00:58:30get to reception?

00:58:30Um, so the reception

00:58:32was supposed to start

00:58:33at 5?

00:58:34It was supposed to start

00:58:35at 5,

00:58:36but when we got there,

00:58:37she wasn't even done

00:58:38decorating.

00:58:39All of my family

00:58:39stayed outside

00:58:40for another hour,

00:58:41including my grandmother,

00:58:42my grandpa.

00:58:43We waited in cars.

00:58:43Shh!

00:58:44Okay.

00:58:45It was supposed

00:58:45to start at 5?

00:58:46At 5.

00:58:47This venue

00:58:48that I have here

00:58:50someplace,

00:58:50you have it?

00:58:51I think it was

00:58:52supposed to start

00:58:52at 5.30

00:58:53and end at 10.30

00:58:54per the contract.

00:58:55Okay.

00:58:57Was it supposed

00:58:58to start at 5.30?

00:59:00Yes.

00:59:01What happened

00:59:01at 5.30,

00:59:02Ms. Gordon?

00:59:03I presented her

00:59:04with the contract

00:59:05and then she refused

00:59:07to sign it.

00:59:08Her guests were

00:59:09waiting outside

00:59:10because she was

00:59:11refusing to sign it.

00:59:12When she refused

00:59:13to sign it,

00:59:13because our agreement

00:59:14was she was going

00:59:15to sign the agreement

00:59:16before we started

00:59:17the reception.

00:59:18When she said

00:59:18that she did not

00:59:19want to start

00:59:20the reception,

00:59:21I responded

00:59:22and I said,

00:59:23we will pack

00:59:23all of this up

00:59:24and my staff

00:59:25and I will leave

00:59:26because now

00:59:27we're not being paid

00:59:27for our services.

00:59:29What time

00:59:29did the police arrive?

00:59:33I'm telling you,

00:59:35I would be furious

00:59:36if I spent...

00:59:38Beatrice and Nicholas

00:59:39claim Tara booked

00:59:40an illegal venue

00:59:42for their reception.

00:59:43So, what time

00:59:44did the police arrive?

00:59:45The police arrived

00:59:46at 9.30.

00:59:47And did the police

00:59:48tell everyone to leave?

00:59:49Yes, they did.

00:59:50And told everyone

00:59:51that they had to leave?

00:59:52They arrived

00:59:52and they told me

00:59:53that everyone had to leave.

00:59:54Whether they told you

00:59:55or whether they told them.

00:59:56They said the place

00:59:57had to be cleared.

00:59:58Correct.

00:59:58And that was an hour

00:59:59before the termination

01:00:01of the event.

01:00:01So, at the end

01:00:02of the event was...

01:00:04The event was supposed

01:00:04to end at 10.30.

01:00:06Police arrived at 9.30.

01:00:08That's according to you.

01:00:09That's an hour short

01:00:10of the event time

01:00:12she was supposed

01:00:13to have at the venue.

01:00:13No, the event

01:00:14was supposed to end

01:00:15at 9.30.

01:00:15This is her timeline

01:00:17of events

01:00:18that was supposed to be.

01:00:18No.

01:00:19This is the contract.

01:00:20That's the time

01:00:20that I have the venue, too.

01:00:22I have to clean up.

01:00:23The agreed upon timeline

01:00:24is here.

01:00:24The wedding was supposed

01:00:25to end at 9.30,

01:00:26giving me an hour

01:00:27to clean up.

01:00:28I'll take a look

01:00:29at what you have.

01:00:29I'm just telling you

01:00:30that this is the signed contract.

01:00:31That's the time

01:00:32between me and the venue

01:00:33because they were giving me

01:00:34an extra hour

01:00:35to clean up.

01:00:36That doesn't say that in here.

01:00:37Because I booked it

01:00:38for a timeline.

01:00:39I booked it from 5.30

01:00:40to 10.30.

01:00:41I outlined everything

01:00:42that takes place.

01:00:43Just a second.

01:00:43It ended at the last song

01:00:45of the night

01:00:45was at 9.30.

01:00:47And she went

01:00:47through the last song.

01:00:48We made it through

01:00:49the last song

01:00:50of the night on time.

01:00:51Could I take a look

01:00:52like that?

01:00:55I just can't wait

01:00:56till it's my turn.

01:01:00Well, the last song

01:01:01of the night

01:01:02was supposed to start

01:01:03at 9.30.

01:01:04Yes, and it started earlier

01:01:05because we made it through

01:01:06and she was done dancing.

01:01:08And by the time

01:01:08the police came,

01:01:09it was just mingling

01:01:10and dancing going on.

01:01:11So she had made it

01:01:12through her entire wedding

01:01:13reception is what

01:01:15I'm trying to state.

01:01:17Yes, Mr. Cox.

01:01:18Please, please.

01:01:19Hey, Yara, I'm back.

01:01:20That's not true.

01:01:21So the police actually

01:01:22came at 9 o'clock

01:01:23and...

01:01:24Were you there?

01:01:25I was the DJ.

01:01:27You were the DJ?

01:01:27Yes, ma'am.

01:01:28That didn't get paid.

01:01:29Don't speak.

01:01:30Don't speak.

01:01:32So the police arrived

01:01:33at 9 o'clock.

01:01:34That's correct.

01:01:35And what happened

01:01:36when they arrived,

01:01:37Mr. Cox?

01:01:38By the way,

01:01:39did you know them

01:01:39before the wedding?

01:01:41No, ma'am.

01:01:42Did you know her

01:01:42before the wedding?

01:01:43Just a conversation

01:01:44that we had via Facebook

01:01:45or telephone.

01:01:46No, he did not know me

01:01:48prior to the wedding.

01:01:48I'm not talking to you.

01:01:50I'm talking to him.

01:01:51She booked your services?

01:01:53Yes, ma'am.

01:01:53And how much

01:01:54were your services

01:01:55for the night?

01:01:55My DJing services

01:01:56were $500.

01:01:57Were you paid?

01:01:58No, ma'am.

01:01:59What happened

01:01:59when the police arrived?

01:02:00The police came,

01:02:02asked everyone to leave.

01:02:03Do you know anything

01:02:03about this venue space

01:02:05where the wedding

01:02:06took place?

01:02:06Yes, ma'am.

01:02:07Tell me about it.

01:02:08It's a storefront.

01:02:09So are a lot of

01:02:10venues in Las Vegas.

01:02:12Your case is dismissed.

01:02:13Do you understand?

01:02:15This is not a free-for-all.

01:02:17As far as I'm concerned,

01:02:18you got almost exactly

01:02:19what her budget called for.

01:02:21And I have one vendor

01:02:22that wasn't paid.

01:02:23Because she didn't pay.

01:02:25It's clear.

01:02:25Well, how do I know

01:02:26that you paid the other vendors?

01:02:27At least I know

01:02:28one vendor that you didn't pay.

01:02:31And she paid

01:02:31almost $20,000.

01:02:33They got paid because...

01:02:34Okay.

01:02:35I have two things.

01:02:36I have one vendor

01:02:37that's here

01:02:38that wasn't paid.

01:02:40You were paid

01:02:40almost $20,000.

01:02:42The balance,

01:02:43part of it,

01:02:43is for your fee.

01:02:45Part of it is for...

01:02:46That my fee was not...

01:02:47Are you saying

01:02:48that part of this money

01:02:50that you're suing for,

01:02:51this $4,000,

01:02:52was not part of your fee?

01:02:53The $4,000

01:02:54that I'm suing for

01:02:55is part of my fee.

01:02:56Of course.

01:02:56That's what I said.

01:02:57So part of that money

01:02:58was for your fee.

01:03:00And part of it

01:03:00was for vendors.

01:03:01I have one vendor here

01:03:03who says he wasn't paid.

01:03:04Well, I have receipts

01:03:05from other vendors

01:03:06if you'd like to see.

01:03:07No, I just...

01:03:08I know you had

01:03:09a lot of vendors,

01:03:10but you didn't pay him.

01:03:11He's the only body.

01:03:11I didn't pay him

01:03:12because she didn't pay me.

01:03:14It's clear.

01:03:15She didn't pay me

01:03:16enough money

01:03:17to pay her venue.

01:03:18I just saw...

01:03:19I have here proof

01:03:21of how much

01:03:21every item

01:03:22in her wedding cost,

01:03:23which exceeded

01:03:24the $19,000

01:03:25that she paid.

01:03:27Clearly,

01:03:27she owes more money.

01:03:29It's...

01:03:29That's the facts

01:03:30of the matter.

01:03:31She owes more money

01:03:32to what her wedding costs.

01:03:33She's countersuing you

01:03:34for ruining her wedding

01:03:35because you booked it

01:03:36at a venue

01:03:36that wasn't allowed

01:03:37to have a wedding.

01:03:39She's got a counterclaim

01:03:40for far more

01:03:41than your claim.

01:03:42Bottom line is,

01:03:43she picked a wedding planner.

01:03:44She picked a venue.

01:03:46She tacitly approved

01:03:47this change of venue.

01:03:48Both of you had to

01:03:50at the last minute.

01:03:51But you did that

01:03:52relying on the wedding planner

01:03:54to find a venue

01:03:55that was capable

01:03:57to hold the event.

01:03:58And it wasn't.

01:04:00It wasn't.

01:04:01That's your job.

01:04:02Your job is to

01:04:03find an appropriate place

01:04:05so that the police

01:04:06don't raid a wedding

01:04:07a half hour

01:04:08before it's over.

01:04:09That's not the way

01:04:11a wedding is supposed

01:04:11to end.

01:04:13So what I want you

01:04:14to tell me

01:04:14is you're suing

01:04:16her for $4,300.

01:04:18How much of that

01:04:19$4,300

01:04:20is your fee?

01:04:22$2,000.

01:04:23And you didn't pay him?

01:04:24No.

01:04:25So that's $23,000,

01:04:26$24,000 minus $500,000.

01:04:29You didn't pay him

01:04:29because you have to pay him.

01:04:31I pay him.

01:04:31Part of it was to pay him.

01:04:33I'm deducting it.

01:04:34I'm not paying you

01:04:35for your fee.

01:04:36You booked the wrong

01:04:37space for your fee.

01:04:38So far I have $1,825.

01:04:40Other than the DJ,

01:04:41who else didn't you pay?

01:04:43I'm very clear.

01:04:44I cannot.

01:04:45Other than the DJ,

01:04:46he's going to tell me,

01:04:47the DJ is going to tell me.

01:04:48Other than the DJ,

01:04:50who else didn't you pay?

01:04:52Mr. Cox,

01:04:53could you stand up please?

01:04:55You seem to want

01:04:56to tell me something

01:04:57and since you didn't know

01:04:58either one of these parties,

01:04:59I'm going to let you tell me.

01:05:00Do you know any other vendor

01:05:02other than you

01:05:03who wasn't paid?

01:05:05The bartender also

01:05:06was not paid.

01:05:07Bartender.

01:05:08That's correct.

01:05:08Which is his wife.

01:05:10That's correct.

01:05:10I don't care

01:05:11if it was his wife or not,

01:05:12it was the bartender.

01:05:13Right,

01:05:13but what I'm saying

01:05:14was the bar was included.

01:05:16How much were you supposed

01:05:17to pay the bartender?

01:05:18The bar

01:05:19and the bartender

01:05:20came with him.

01:05:21He offered to do the bar

01:05:23and to DJ

01:05:24because his pipe busted.

01:05:26So what I'm saying is,

01:05:27he said,

01:05:28I'll bring my bar

01:05:29and I'll do a cash bar,

01:05:31meaning that...

01:05:31Oh, that's...

01:05:32Because a bar

01:05:33you can't have for $500.

01:05:34So we'll do a cash bar.

01:05:36Cash, correct.

01:05:37Did you do a cash bar?

01:05:38Yes, ma'am, I did.

01:05:39Okay.

01:05:40So you made some money

01:05:42off the cash bar.

01:05:43Yes, ma'am.

01:05:43Yes, of course.

01:05:44Got it.

01:05:45Now you can sit.

01:05:47So what you paid him

01:05:48was $500 for both...

01:05:50And $150 for the bar.

01:05:52$650 total.

01:05:52That's what he charged them

01:05:54outside of the wedding.

01:05:55This is a very easy case for me.

01:05:57You were paid almost $20,000.

01:05:59I wasn't paid anything.

01:06:00I was paid $2,000.

01:06:02And I would feel doubly furious

01:06:04if on the day of my wedding,

01:06:07as a new bride of an hour,

01:06:10the event planner said to me,

01:06:12you can't go in

01:06:14unless you sign this contract,

01:06:16modifying our first contract.

01:06:19The contract was not

01:06:20to modify the contract.

01:06:20Your case is dismissed.

01:06:22We're done.

01:06:23Okay.

01:06:23This court is adjourned.

01:06:24So you count a claim.

01:06:29There are some things

01:06:30that I realized

01:06:31that, you know,

01:06:32I could have done better.

01:06:33Basically, 10 days

01:06:35before the wedding,

01:06:36add additional $4,000

01:06:37on top of $20,000.

01:06:38That never happened.

01:06:39It was just her way

01:06:40of just trying to come up

01:06:41on more money, in my opinion.

01:06:42At the end of the day,

01:06:44she had got her wedding.

01:06:47I'm actually sometimes surprised

01:06:49at professionals,

01:06:50like this woman,

01:06:51who is an event planner,

01:06:53has a reputation.

01:06:54She was almost fully compensated

01:06:56for this event.

01:06:58And the wedding was,

01:06:59if it were my wedding,

01:07:00I would say,

01:07:00you know,

01:07:01it's ruined

01:07:02by having a police

01:07:04shut it down.

01:07:05We had a wedding

01:07:06a month ago.

01:07:07What would you think

01:07:08if the police shut it?

01:07:09You would not be happy

01:07:10if you paid any amount

01:07:12of money to a professional

01:07:13and had that happen.

01:07:14I really thought

01:07:15it was outrageous.

01:07:16The whole thing

01:07:16was just tacky,

01:07:17waiting outside the venue.

01:07:19And she got there

01:07:19from the ceremony,

01:07:21and before she could go in,

01:07:22she had to sign the contract.

01:07:23Let me see if I can

01:07:30give you the reader's digest

01:07:31of what he was saying

01:07:33and tell me

01:07:34if that's what you understood.

01:07:35Would you do that for me?

01:07:36They ordered 320 T-shirts

01:07:39for all intents and purposes

01:07:41and because of our easy math.

01:07:43He sent them half.

01:07:44They paid for 320.

01:07:46What he's saying is

01:07:47because they kept making changes,

01:07:50they spent more time

01:07:52on the half that they got

01:07:54so they didn't feel

01:07:56that they had to send them

01:07:58the other half.

01:07:59Is that what you're getting?

01:08:01Yes.

01:08:01That's a duh.

01:08:03Do you understand?

01:08:04That's a duh.

01:08:05You know,

01:08:06I'm trying to think

01:08:07of an analogous situation

01:08:08for you.

01:08:10I'm a dentist starter

01:08:11and I know that sometimes

01:08:12in my father's business,

01:08:14somebody would come in

01:08:15and he'd look at a tooth

01:08:17and he'd say,

01:08:18you know what?

01:08:19It's a simple filling,

01:08:21you know,

01:08:21and I'm going to charge so much.

01:08:23And then he started to work.

01:08:26The patient said,

01:08:26okay, you know,

01:08:27that's a reasonable figure

01:08:28and he started to work

01:08:29and all of a sudden

01:08:30he found,

01:08:31well,

01:08:31there was a little something else

01:08:32in there

01:08:32that he really had to do

01:08:34in order to do

01:08:35what he said he could do

01:08:36for 20 bucks.

01:08:39And so it took him more time.

01:08:40You think he charged

01:08:41the patient for that?

01:08:43No, he didn't.

01:08:44So you at least owe them half

01:08:47of what they sent you.

01:08:48They sent you $8,000.

01:08:50Let's make it nice and easy

01:08:52because I'm an easy girl

01:08:53and you didn't send them

01:08:54half the t-shirts.

01:08:55Now we're going to talk about

01:08:56the t-shirts that you did send them.

01:08:59Are we finished with the ones

01:09:00that he didn't?

01:09:01Yep.

01:09:02Yep.

01:09:02Now we're going to go

01:09:03to the ones

01:09:04that they did send

01:09:05and you have to show me

01:09:07why they were unsatisfactory.

01:09:11Pick it up.

01:09:12Perfect.

01:09:12So this is the sample

01:09:13that we received from him.

01:09:14So like the way samples work

01:09:16is he'll send us the clothing.

01:09:18We'll A-OK it.

01:09:18So we A-OK this.

01:09:19This is a large,

01:09:20by the way.

01:09:20Everything's perfect.

01:09:21Everything's great.

01:09:22Okay, good.

01:09:22So let me show you

01:09:23the XL and the small.

01:09:25So this right here

01:09:26I'm holding is an XL.

01:09:29The difference.

01:09:31Can I?

01:09:31You want to see another thing?

01:09:32Dramatically smaller.

01:09:32This is what I'm holding

01:09:34is a small.

01:09:35We ordered four small sizes.

01:09:37Small, medium, large, and XL.

01:09:39Hold on.

01:09:39Can I see the smalls?

01:09:40Yeah.

01:09:40Can I see?

01:09:41Oh, sorry.

01:09:42Still.

01:09:43Here you go.

01:09:45No.

01:09:54Well, this could be a small.

01:09:56A big small.

01:09:57But small.

01:09:58Can I see the extra small, please?

01:10:00Extra large.

01:10:01Extra large.

01:10:02Yeah.

01:10:05Same exact size.

01:10:06They're the same size.

01:10:07The small and the extra large,

01:10:09if you hold them up together,

01:10:10they're exactly the same size.

01:10:11Lexi, hold these up together,

01:10:12would you please?

01:10:14Let me see.

01:10:15He said they're the same size.

01:10:21I don't think so.

01:10:22Could I?

01:10:25One certainly looked bigger to me.

01:10:27But not a small and an extra large.

01:10:31Okay.

01:10:31I want you to send these over to the defendant and I'd like him to explain to me why these

01:10:48are the same size are the same size.

01:10:49One is labeled small, one is labeled extra large.

01:10:53This has nothing to do with a change of design.

01:10:56This has to do with almost math, which as we all know is not my strong suit.

01:11:02Okay.

01:11:03So now give me an explanation, sir.

01:11:05This has nothing to do with changing of the design.

01:11:08That has to do with two T-shirts that are exactly the same.

01:11:11One says small, one says extra large.

01:11:13Explain it.

01:11:14This is a very simple fix.

01:11:15So there was just an issue with the tag and the labeling.

01:11:18Just a second.

01:11:19That's what you sent them.

01:11:20Yeah.

01:11:21That's exactly my explanation.

01:11:22No, this is for the actual garment.

01:11:24What I was referring to was the print on the design.

01:11:26No, no, no.

01:11:27I'm talking about the actual garment.

01:11:29Did you send that to them?

01:11:30I did send that to them.

01:11:30Just a second.

01:11:31You sent that to them with a label that was mislabeled.

01:11:35Correct.

01:11:36Okay.

01:11:37How many of the mislabeled T-shirts did you send them?

01:11:41It's a very common mistake in manufacturing.

01:11:44I'm not sure.

01:11:45They didn't give me a number of how many.

01:11:46How many?

01:11:47How many?

01:11:48Exactly 73.

01:11:50You see, what the problem, Mr. Garcia, is they can't sell those online because if somebody

01:11:57calls and orders a small and they send them a small, it's an extra large.

01:12:02Or if somebody calls and orders an extra large and they get it and it's got a small...

01:12:07And that could be easily fixed by just changing the text.

01:12:09Oh, Cass, you know, my face could be easily fixed.

01:12:13Both.

01:12:14Not so easily anymore.

01:12:15These are all just fixed.

01:12:16Yeah.

01:12:16I mean, they can all be fixed.

01:12:18When it happens, it doesn't always, like, have to be sent.

01:12:22Yada, yada, yada, yada, yada.

01:12:23Okay.

01:12:23So half you didn't send them and 73 you sent them wrong.

01:12:27Of the other half, 73 you sent them wrong.

01:12:29Labeled wrong, correct.

01:12:30You sent them wrong, but they can't resell as you sent them online.

01:12:35I mean, they could send them to a pop-up store and sell them for nothing.

01:12:38Or don't even...

01:12:39You know, you try it on and see whether it fits you, but you can't sell them online.

01:12:44Otherwise, their business would be destroyed.

01:12:46Okay.

01:12:46What about the rest?

01:12:47Now we're finished with the sizes.

01:12:49So he has claimed to sent us over 180 shirts.

01:12:52That's incorrect.

01:12:53He sent us 123 exactly.

01:12:54You have any proof that you sent them 180 shirts?

01:12:57Uh, I had them in text messages, but I don't have that phone.

01:13:00But, I mean, I'm sure that...

01:13:01Everybody, you know, everybody that has no case has no phone.

01:13:04I mean, I have...

01:13:05Mr. Garcia, everybody that has no proof...

01:13:07I have proof that I sent them pictures, yes.

01:13:08I have photos.

01:13:09...everyone, then show it to me that you sent them 180 shirts.

01:13:13Well, I don't have all 180 in the picture.

01:13:15I have...

01:13:16I mean, I don't know if you'll be able to count them, but...

01:13:18You want me to count them?

01:13:20You're in business.

01:13:21Mr. Garcia.

01:13:23I don't know.

01:13:25You're in business, sir.

01:13:26That's not the way you run a business.

01:13:28120.

01:13:30They sent, and of the 120, how many were you able to sell?

01:13:34Out of the 120?

01:13:35Just a second.

01:13:36And out of the 120, does that include the 73 that were wrong size?

01:13:41Yeah.

01:13:42Yeah.

01:13:42Oh, that includes...

01:13:43So we're left with only 50 that weren't labeled incorrectly.

01:13:47How many shirts did he send you that you were able to sell?

01:13:53Zero.

01:13:54We sold none of his shirts.

01:13:56Because they were mislabeled, or you didn't get them?

01:13:58Mislabeled or misprinted and didn't get them.

01:14:00Great.

01:14:00Do you have any text messages between the two of you?

01:14:04So many.

01:14:05Anything in specific?

01:14:07I'd like you to show me one where you say to him,

01:14:10we cannot sell these shirts.

01:14:12They're the wrong size.

01:14:13We'll show you the demand letter.

01:14:16So we sent him a demand letter,

01:14:17hoping that he'd still try to solve it outside of court,

01:14:21but he never replied to it and just never sent us anything.

01:14:24It'd be us telling him that the items received were not as promised,

01:14:27and the other side would be the lawsuit issue.

01:14:29Okay.

01:14:29You say in this demand letter that you are requesting a...

01:14:40First of all, he doesn't communicate with you

01:14:42when you sent him information back and forth.

01:14:44So you say, sir, since you do not wish to communicate us,

01:14:47here's an official demand letter.

01:14:48Yes.

01:14:49You say that you paid him $15,986.

01:14:53Correct.

01:14:54Well, that's not what your lawsuit is here.

01:14:56Is your company incorporated in California?

01:15:01I forgot the answer to that question.

01:15:03Well, I have, like, an LLC.

01:15:04Is that what you're referring to?

01:15:05Do you have an LLC?

01:15:06I do have an LLC, yes.

01:15:07What's the name of it?

01:15:08MFP Studio.

01:15:09But it probably won't be under that name.

01:15:10It would be...

01:15:11No matter what, what's the name of it?

01:15:13I'm not.

01:15:29No matter what, I'm not.

Judge Judy Full Episode 1195 - Family Divided- Best Amazing Cases Season 2O25 - Full Episode HD

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