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00:00:00You claim, while you were living with him,
00:00:02he'd made unwanted sexual advances.
00:00:07You walked around his house in his underwear,
00:00:09and he patted you on the behind.
00:00:12I kept saying, don't touch me, don't touch me.
00:00:14I sexually harassed you.
00:00:16That's not true.
00:00:17This is Judy Justice.
00:00:19Ciroki for storage fees and a wrongful eviction.
00:00:24Court come to order.
00:00:25All rise.
00:00:26Have a seat, please.
00:00:29Hello, Judge.
00:00:30Case number 2062, Mahar v. Ciroki.
00:00:34You're welcome.
00:00:34Ms. Bahura, how old are you?
00:00:3638.
00:00:37What do you do for a living?
00:00:38I used to be a cosmetologist.
00:00:40What do you do now?
00:00:40I'm not doing anything right now.
00:00:42Who are you living with?
00:00:43I live in hotels.
00:00:44I'm staying out with a friend for three weeks.
00:00:46How do you support yourself?
00:00:47I'm on income that comes every month.
00:00:50I'm on disability right now.
00:00:52Is your disability of a physical nature
00:00:54or a psychological nature?
00:00:55It's both.
00:00:56And how much do you collect from disability?
00:00:58Around $900.
00:00:59A month?
00:01:00Yes, ma'am.
00:01:01And how long have you been on disability?
00:01:03About ten years.
00:01:04Ten years.
00:01:05And when were you a cosmetologist?
00:01:08I started back in when I was 16,
00:01:10during high school time,
00:01:11and I started doing hair.
00:01:12I went to hair school,
00:01:13and then I ended up getting really sick,
00:01:15so I went back and forth to doing hair.
00:01:18And then I just couldn't do it anymore.
00:01:19Well, when did you...
00:01:20You said you were a cosmetologist.
00:01:22When were you a cosmetologist?
00:01:23During high school years.
00:01:24So it was like around 2000.
00:01:25Oh, well, that's a long time ago.
00:01:26We're talking about ancient history.
00:01:28Yes.
00:01:28So what you're telling me is that
00:01:30since you were in your mid-twenties,
00:01:32you have been on disability.
00:01:33Yes.
00:01:34And how old are you, sir?
00:01:35Sixty-nine.
00:01:36You're a single man.
00:01:37Yes, ma'am.
00:01:38And tell me how you met the plaintiff.
00:01:40About four years ago, she called me.
00:01:42I do auto-brokering,
00:01:44where somebody wants a vehicle,
00:01:45and I go to the dealer
00:01:47and try to make the best deal for them,
00:01:49just like a real estate agent.
00:01:51Tell me how she got your number.
00:01:52So I advertise on Facebook.
00:01:54I advertise on LinkedIn.
00:01:57So I don't know exactly how she got my number.
00:01:59How'd you get his number?
00:02:00The truth is I never got his number.
00:02:02What happened was when we talk about,
00:02:03I'm looking for a car.
00:02:04I'm selling, you know, I want to sell my car.
00:02:06He messaged me.
00:02:08Hey, I sell cars.
00:02:09I can help you.
00:02:10Two, three years.
00:02:10That's very true.
00:02:11I have all the messages through Facebook and everything.
00:02:13But he messaged me.
00:02:15I can help you.
00:02:15How are you?
00:02:16Good morning.
00:02:17I said, okay, you can help me.
00:02:18Okay, I got enough.
00:02:19Yeah.
00:02:20All right, so let me sort of outline this case
00:02:22the way I am now putting it all together.
00:02:25You came on to some hard times,
00:02:27harder than usually your life is
00:02:29because of your disability.
00:02:31And you were in your apartment, according to you,
00:02:34and the building had a fire.
00:02:36Because of the fire, you became homeless.
00:02:38You had already known the defendant.
00:02:41He did something for you with a car.
00:02:43And you were living alone, I assume, in this apartment.
00:02:46How many bedrooms in the apartment?
00:02:48One bedroom.
00:02:48It was a one bedroom.
00:02:49And did you have a lease in that apartment?
00:02:51Yes, ma'am.
00:02:52And how much were you paying in rent?
00:02:53It was $7.90.
00:02:54Okay, so you were paying $7.90 for the apartment that burned down.
00:02:58I'm sorry, I'm sorry, $6.90.
00:02:59I apologize, $6.90.
00:03:01And how long had you lived there?
00:03:02It would have been five years exactly.
00:03:04Okay, it would have been five years before the place burned down.
00:03:07Yes, ma'am.
00:03:08Your Honor?
00:03:09What?
00:03:10They were evicting her.
00:03:11At the time of the fire?
00:03:12Yes, yes.
00:03:13And then...
00:03:14Just a sec, one sec.
00:03:15Don't shout out again.
00:03:16However, I find that interesting.
00:03:17She was living there for five years,
00:03:19and how do you know that she was being evicted?
00:03:21You showed me the paperwork.
00:03:23May I see it?
00:03:24Yeah, it's my phone.
00:03:25Here's the letter that she had with the management.
00:03:31Okay, good.
00:03:41I just see your request for a hearing, and the hearing was for what?
00:03:46It was dismissed.
00:03:47I had...
00:03:48No, no, no.
00:03:48The hearing's for what?
00:03:50Was it for an eviction?
00:03:51No.
00:03:51What was it for?
00:03:52I had COVID, and I had Sarah pay.
00:03:55Are you not understanding me?
00:03:57No.
00:03:57Hearing for what?
00:03:58I'm sorry.
00:03:59I said, was the proceeding an eviction notice?
00:04:01No, it wasn't.
00:04:02It wasn't an eviction notice.
00:04:03They don't have proceedings for COVID.
00:04:05They have an eviction case.
00:04:06You may say, I don't have money because of COVID,
00:04:08and they give you time to pay.
00:04:09Were you served with an eviction notice?
00:04:11It was a warning to go to court.
00:04:13Just a second.
00:04:14For what?
00:04:14For speeding?
00:04:15For robbery?
00:04:16For assault?
00:04:17Or for an eviction?
00:04:18For non-payment?
00:04:18For eviction.
00:04:20Listen.
00:04:20For eviction.
00:04:23OK.
00:04:23What do you mean, OK?
00:04:24Only because when I told the judge,
00:04:26said it's not an eviction.
00:04:27I don't care what you told the judge.
00:04:29You were brought to court for an eviction.
00:04:31Kevin, would you return the stuff, please?
00:04:33My landlord took $9,000.
00:04:34Just a second.
00:04:35Just a second.
00:04:36Ms. Pajara, let me explain something to you.
00:04:39Yes, ma'am.
00:04:39I don't know whether you watched me in the past
00:04:42or whether you don't watch me in the past,
00:04:44but I want you to know that I know exactly who you are.
00:04:47I know exactly how you live.
00:04:49I know exactly how you support yourself.
00:04:52I know who you are.
00:04:54I know all of that.
00:04:55So let's not play with each other.
00:04:58You're a smart lady.
00:04:59You've managed to negotiate at age 38 a system for yourself.
00:05:05So when I ask you, did you go to court for an eviction?
00:05:09The answer is yes.
00:05:11You want to explain it to me if I ask you what happened?
00:05:14Well, I paid it, and with COVID, they couldn't throw me out.
00:05:17Because it was COVID, you're not allowed
00:05:18to evict somebody during COVID.
00:05:20You want to explain that to me if I'm interested?
00:05:22That's fine.
00:05:23But if I say to you, will you summon to court for an eviction?
00:05:27The answer is...
00:05:29Yes.
00:05:29OK.
00:05:30Perfect.
00:05:31OK.
00:05:32Whether that had any impact on the fire in this building,
00:05:35I have no idea.
00:05:36No, I don't...
00:05:37I have no idea.
00:05:39The plaintiff says she was a heroine in this fire,
00:05:42according to her complaint, and she got a lot of people out of the building,
00:05:46and the things in her apartment were unscathed.
00:05:49Now, prior to that time, had you done anything other than help her secure a car?
00:05:54No.
00:05:55Did you help her secure a car?
00:05:56No, I couldn't get it because her credit was terrible.
00:05:59Just a second.
00:05:59Did she want a car?
00:06:01Yes.
00:06:01Two different times.
00:06:01OK.
00:06:02What kind of a car did she want?
00:06:03That's the reason that you met her.
00:06:05The first time, something inexpensive like a GMC Terrain.
00:06:09The second time, she wanted a 2017 or 2018 Lincoln.
00:06:15I think it's MKX or MKZ.
00:06:17What was she driving when she contacted you?
00:06:20Nothing.
00:06:20Nothing.
00:06:20Right.
00:06:20Did she ever buy a car?
00:06:22For me, no.
00:06:23But she did get one from a dealer.
00:06:25I don't know how they did it because...
00:06:27Uncross.
00:06:27Yes, ma'am.
00:06:29Do you currently own a car?
00:06:31No, I don't own a car.
00:06:32Now I have a car, yes.
00:06:33That's what I asked.
00:06:34Yes, ma'am.
00:06:35Do you understand?
00:06:37You have to let me introduce you to the truth.
00:06:40Mr. Truth, I'd like you to meet the plaintiff.
00:06:44Do you have a car?
00:06:45Yes, ma'am.
00:06:46No, you're only nervous now because you know I understand you.
00:06:49You now have a car.
00:06:50And where are you living now?
00:06:52With my friend.
00:06:53Where were you living prior to that?
00:06:54Hotel rooms.
00:06:55When did you purchase the car?
00:06:57March 27.
00:06:58What kind of car did you buy?
00:07:00That was the Terrain.
00:07:01What year?
00:07:022017.
00:07:04How much was it?
00:07:04With everything, I think it went to $24,000.
00:07:07How much of a down payment did you put down?
00:07:09$2,000.
00:07:11And you financed the rest with whom?
00:07:13They financed it with...
00:07:15We had to go to a third-party lender.
00:07:17I don't care.
00:07:17Do I look like I need your help?
00:07:19No.
00:07:19No.
00:07:20No, because I'm trying to find out how this lady, who has the sole income of $900 a month,
00:07:29lived in an apartment for $700 a month, managed to save up $2,000 to put down on a car.
00:07:37Car has insurance, car has gas, car has expense.
00:07:42You have to buy food, you need to take care of your hair, looks like you buy nice clothes,
00:07:47looks like you have some jewelry that's more than $900 a month, and you've been really on the doles for a decade.
00:07:55So I'm just trying to square all this with what I'm seeing.
00:07:58Do you understand where I'm going?
00:08:00Yes.
00:08:00Great.
00:08:01Okay.
00:08:02Now, so this is what you're complaining about.
00:08:04The defendant, after you called him, said,
00:08:07Well, I have a spare room in my condo.
00:08:09You can come with me.
00:08:10And you say, Well, I have all my stuff that I've accumulated in my apartment,
00:08:15and I have only one storage unit to put it in, and I'll have to pick through and discard stuff,
00:08:22blah, blah, blah, blah, blah, blah, blah, blah.
00:08:23Because I can't afford a second storage unit.
00:08:26And according to you, the defendant said, I'll pay for the second storage unit.
00:08:31And at some point after you moved in with him and threw you out, he reversed the charges.
00:08:37And so you were charged for your storage unit for your stuff.
00:08:42That's part of your lawsuit, $600.
00:08:45Now, the main part of your complaint, for which you want almost $6,000,
00:08:50is for punitive damages, because you claim that Mr. Soroky, while you were living with him,
00:08:56rent-free, food-free, everything free, made unwanted advances towards you.
00:09:05And I'm certain that what you did was put in this complaint the most egregious things that he did to you.
00:09:13Because you would want me to know the most egregious things that he did to you, right?
00:09:18Okay.
00:09:22As for the money, the way it was saved, I have...
00:09:24Court coming to order. All rise.
00:09:27Have a seat, please.
00:09:29Hello, Judge. Case number 2060, Barron versus Arteaga.
00:09:33Thank you. You're welcome.
00:09:34Ms. Barron, case is not a very difficult one. You've met Mr. Arteaga?
00:09:40Arteaga.
00:09:40Take your hands out of your pockets. At a bar?
00:09:43Yes.
00:09:44When?
00:09:45Back in June of 2021.
00:09:47Did you ever live together?
00:09:48Uh, no.
00:09:49You always maintained your own residence and he his?
00:09:51Yes. The apartment I owned was always underneath my name.
00:09:54But he never lived there?
00:09:55No.
00:09:56Good. But you bought a car?
00:09:58Yes.
00:09:59In what month and year did you buy a car?
00:10:01I ordered a Tesla back in, if I'm not mistaken, May.
00:10:05And I...
00:10:05May of what year?
00:10:06May of 2021.
00:10:08Was it a new car?
00:10:09Yes.
00:10:10Give me a rough number. How much was it?
00:10:12Out the door, $72,000.
00:10:14And what color did you order?
00:10:16Black.
00:10:17This is what the case is about and it's going to take very, very little time to resolve the case.
00:10:21You ordered the $72,000 car in black.
00:10:24And because of whatever strange reason, you wanted the car wrapped.
00:10:29Now, I think most people know what that means.
00:10:32And I think I know what that means.
00:10:33That means you take a perfectly good car and you put a different finish on it.
00:10:38Is that what it means?
00:10:39Yes.
00:10:40You buy a car that has a nice shiny finish and looks clean and then you put something on it
00:10:45that, I don't know, looks like it's been sitting out under a volcano.
00:10:48I guess you could say that.
00:10:51What?
00:10:51I guess you could say that.
00:10:53I just did.
00:10:55And that cost money. It cost an additional, I think, according to the papers that I read, $3,800.
00:11:02No, it's $3,950.
00:11:04How much?
00:11:05How much?
00:11:05$3,950.
00:11:06And you had some of that money, but you gave him, transferred to him, $1,800 on your credit card.
00:11:14Yeah, so it was an agreement made between...
00:11:16No, no, I didn't ask you, I didn't, you transferred to him $1,800 towards this wrap on his car.
00:11:25I made the payment for him.
00:11:28You made the payment for him on a credit card?
00:11:30Yes.
00:11:31And according to you, your arrangement was that he would pay you back monthly $100.
00:11:35Correct.
00:11:36You don't dispute that.
00:11:37She offered.
00:11:38Yeah, she offered. And you did, in fact, on three separate months, pay her back $100.
00:11:45Yes.
00:11:45And that means that in your view, it was a loan.
00:11:49Well, it was more of a gift.
00:11:51Well, then why would you pay her back $100 a month, Mr. Artiega?
00:11:56Because our finances are much different.
00:11:58What do you mean?
00:11:58I was getting a car.
00:12:00I ordered a car, so it was a gift for me.
00:12:02Because she already knew that I was looking for a PPF, which is a paint protection film.
00:12:07So I'm more...
00:12:08Listen to me.
00:12:08You're not answering my question.
00:12:10You're doing a dance around my question.
00:12:12If it was a gift to you, this $1,800 towards the wrap for your car,
00:12:19why did you pay her back $300?
00:12:22To help her out.
00:12:23Yeah.
00:12:24And then you stopped.
00:12:26Because that sounds ridiculous.
00:12:28You still have the Tesla?
00:12:29I still do.
00:12:30Yes.
00:12:30You're making payments on it?
00:12:31Yes, ma'am.
00:12:32Good.
00:12:32What kind of work do you do?
00:12:34I'm an electrical superintendent.
00:12:35Expensive car.
00:12:37Indeed it is.
00:12:38You're a single guy?
00:12:39Yes.
00:12:40That's what single guys do with their money.
00:12:43Tell me why you stopped paying her back, Mr. Artiega.
00:12:45Things got sour very quick.
00:12:47So things got sour with the relationship?
00:12:50Yes.
00:12:50Okay.
00:12:51And is that when you stopped paying her?
00:12:52Yes.
00:12:53Good.
00:12:53Judgment for the plaintiff.
00:12:55In the amount of $1,500 is what he owes you for the balance of the loan.
00:12:59We're done.
00:13:00This court is adjourned.
00:13:03We broke up.
00:13:03It was a nasty breakup.
00:13:05There was bad feelings and tensions between the both of us.
00:13:07It was a bad breakup, yes, but there's a lot more details to it.
00:13:11It was just out of pettiness at the end of the day.
00:13:12Because she caused a lot of rift.
00:13:14I'm just not going to loan out money to just anyone from here on out.
00:13:18I'm glad it's over.
00:13:19And I'm really happy I get my $1,500 back.
00:13:23Now that we've been here for a little while and I've been learning from you and all these cases
00:13:27that we've seen, still rule number one, never give a boyfriend money and expect to ever see it again.
00:13:33You will never see it again.
00:13:34It gets messy.
00:13:35It gets entangled and we see it time and time again.
00:13:39So it's just hits even harder at home.
00:13:41Have you noticed, Sarah, that it's probably 80-20 that women give money to boyfriends?
00:13:51At least what we've seen here, yes.
00:13:53You know, and if this is a microcosm of the world, and I don't know what that is.
00:13:57I haven't been able to figure it out.
00:13:58I've been doing this kind of business for 30 years and I can't figure out why.
00:14:03A perfectly lovely young woman, guy's buying a $72,000 car and says,
00:14:09hey, babe, I'm short $1,800.
00:14:12Well, if you're short $1,800, buy a cheaper car.
00:14:14Yeah.
00:14:15You know, there are cars that cost less than $72,000, I agree.
00:14:19But women should be smarter and not agree to do that.
00:14:22They are smarter.
00:14:22Or to make mandatory watching these cases as part of a growing up process.
00:14:27A lot of great life lessons, for sure.
00:14:29Case 2073, Joseph v. Williams.
00:14:32All parties, please step forward.
00:14:34Donnell Joseph is suing his niece, Tina Williams,
00:14:38and his sister, Martha Williams, for personal property.
00:14:41Mr. Joseph, these two ladies are your half-sisters?
00:14:45My half-sister and her daughter, my niece.
00:14:47So, what's your first name?
00:14:49Martha Williams.
00:14:51Martha is your half-sister.
00:14:52Yes.
00:14:53And your first name?
00:14:54Tina.
00:14:54Tina is your niece.
00:14:56Yes.
00:14:56And you and Martha had the same mother.
00:14:59Yes.
00:15:00Your mother had a house.
00:15:01The house was in her name.
00:15:02Your mother passed away in the early 70s.
00:15:05Yes.
00:15:05At that time, she was married to your father, not your father, correct?
00:15:10No.
00:15:11And your father lived in the house until he died.
00:15:15Yes.
00:15:15And he died in what year?
00:15:162018.
00:15:18Somehow, the house, which had been in your mother's name, never went through a probate process.
00:15:24So, as far as the law was concerned, the house remained in her name.
00:15:28It never went to her surviving spouse or her children when she passed away in the early 70s.
00:15:35What I'm reading is when your father passed away in 2018, the house sort of remained vacant for a while. For how long?
00:15:45Since he passed away.
00:15:47So, nobody's lived there?
00:15:48Correct.
00:15:49And you knew your father passed away, I assume?
00:15:51Yes.
00:15:51And you knew your mother passed away?
00:15:53Yes.
00:15:54And after your mother passed away, she passed away in 1971 and 1972?
00:16:00Did you ever visit with your father in that house?
00:16:03I visited with my father. I lived in the house.
00:16:05From when to when?
00:16:06Well, I lived in the house in 1963 until, like, 72 when I started moving out.
00:16:12But I would still go back to the house because it's my family home.
00:16:15I want to know the last time, Mr. Joseph, you lived in the house?
00:16:211993.
00:16:23So, almost 30 years ago. And where have you been the last 30 years?
00:16:27I've been in New York. I've been incarcerated.
00:16:30You've been incarcerated from when to when?
00:16:3293 to 2012.
00:16:35So, 1993 is when you last lived in the house?
00:16:39Correct.
00:16:40But you were released from prison in 2012?
00:16:43Yes.
00:16:43So, for the last 10 years, you have not been back to the house?
00:16:47I've been back to the house, but not living there as a residence.
00:16:50Okay. So, for 10 years, as an adult, how old are you?
00:16:54I'm 64.
00:16:55As an adult, from age 54 to 64, you had access to the house, visited your father in the house.
00:17:02Right.
00:17:03Not before then.
00:17:04Right.
00:17:05Okay. And you haven't lived there full-time in decades.
00:17:08Correct.
00:17:09This is what your lawsuit wants.
00:17:14You had 10 years after you were released from prison to go and get these treasures.
00:17:19And you didn't do it?
00:17:20Because my father's house was like the treasure of all his children's property.
00:17:24As long as he had-
00:17:25As long as he had a bicycle or a book.
00:17:27Still a cleaning crew.
00:17:29I asked you, if the house is still in probate, which is unfortunate because people didn't take
00:17:33care of the business, who are the beneficiaries of the sale of the house?
00:17:38Me, my sister, Lawanda, my half-brother, Justin Joseph, my sister, Sherry's two sons.
00:17:45Okay. Let's try to clarify this. Are you the executor of the will?
00:17:49There's no will. My mom's the administrator of the probate.
00:17:53And I just got to be administrator. We had to go back and forth to court. We had no way of getting in
00:17:59and out of the house because we had no keys.
00:18:01Okay. And your father, I assume, had no will?
00:18:05He had no will.
00:18:06What's the value of the house?
00:18:07Well, we don't know because since Martha become the administrator-
00:18:10Just a second. What's the address of the house?
00:18:13My mom had the house appraised at $250.
00:18:16She's going to tell me.
00:18:17So the off-market says it's approximating $464,000. It's a three-bed, one-bath, 858 square feet.
00:18:27And the estimate?
00:18:28The range is between $400 and $515.
00:18:31Ooh. Well, the family has a valuable asset that has yet to be divided after all this time.
00:18:36It's a good lesson for everybody out there. Make a will. Now you can tell me.
00:18:42Thank you. My grandma, which is their mother, she bought the house on her own
00:18:46with my mom's last name, which is her dad's statement. It's her maiden name, who she was married to.
00:18:53We don't know if they were married. That's what we're going through in probate.
00:18:56It's a process. But the beneficiaries would be Donnell, my mom, and two heirs of a deceased sibling.
00:19:04Donnell has also been in jail for most of my life. He hasn't been to California at all.
00:19:09So I wanted to back that up as well.
00:19:11Well, he's not entitled to anything.
00:19:13If he wanted these items that were valuable to him, he should have taken them during his 64 years.
00:19:18The most safest place that I had in the world for my value to be here was my father.
00:19:21Well, that's too bad. If you own a home in New York with your wife,
00:19:24and you had an opportunity to take these valuable things because you said you visited with your father
00:19:29after 2009, then you should have taken them. And don't tell me it was the safest place because...
00:19:35Not only the safest thing, but my father, he lost two sons.
00:19:39Zero.
00:19:39The only thing that he had in his house is the things that was left over from his children.
00:19:44And to take anything that was of value away from his children would have hurt my father.
00:19:48So the safest place for all our problems.
00:19:50Mr. Joseph, you don't think you're going to prison hurt your father?
00:19:52Yes.
00:19:53Mr. Joseph, that's why I changed my life around.
00:19:55Mr. Joseph, let's get real.
00:19:56Okay. You're not getting any money here.
00:19:58Mr. Joseph, you're going to wait for probate.
00:20:00And in the probate procedure, which hopefully won't take forever, but it clearly can because
00:20:05people are irresponsible and don't create a will, it is likely that you will have part of the proceeds
00:20:11of this house. Likely. Only because if your mother passed away, and if she was in fact
00:20:17married to your father, or lived with him at that time in California, if there was a common-law
00:20:23relationship, and they did have children together, then you as an offspring would be entitled,
00:20:28if there was no will, to part of the proceeds of this house.
00:20:31Yes. When she bought the house, she bought it as a married woman.
00:20:34So once she didn't buy it as a single property...
00:20:36You don't have to listen. That's something, Mr. Joseph, you don't have to convince me of.
00:20:39You have to convince the probate judge of.
00:20:41Okay.
00:20:42You also have a counterclaim that's ridiculous, and I'm not entertaining it.
00:20:45It's really just stupid. Stay with probate.
00:20:48When is the probate proceeding supposed to be finished?
00:20:50Well, we're going through a mandatory settlement.
00:20:54One thing I want to say, Your Honor, however this probate is, I wanted to, you know,
00:20:58the property has lost this, but I lost a sister in this process.
00:21:02He said he was shh.
00:21:03And it makes no difference how this go. I lost a sister.
00:21:06My niece, she's something else, but I love my sister.
00:21:08This isn't the probate court, Mr. Joseph.
00:21:10I love my sister.
00:21:11This is not the probate court, Mr. Joseph.
00:21:13And I suggest that if you love your sister...
00:21:16She know I love her.
00:21:17Just a second. If you love your sister, and you're 64 years old...
00:21:20I don't know how she can do this to me, when you know I love you.
00:21:22Shh! Mr. Joseph? Mr. Joseph?
00:21:25Yes?
00:21:26I know you can get emotional in situations where family is involved,
00:21:30and your sister clearly is sick because she's using oxygen.
00:21:34I'm sick. I just had liver surgery.
00:21:36Mr. Joseph, what I'm telling you is, if you have an opportunity in the probate court,
00:21:42I'm actually telling this to both you and Ms. Williams.
00:21:45If you have an opportunity at your age and your stage to settle something that gives each of you
00:21:54something, maybe less than you would get if somebody was disinherited, but at this stage in life,
00:21:59at 64 years old, somebody who just had liver surgery, and someone who must rely on oxygen in
00:22:05order to breathe, my common sense tells me that what you do is not to give the whole thing away
00:22:11to lawyers who are there sucking up whatever profits there are going to be in this house.
00:22:17Because if the house is worth $200,000, you're going to get a bill for $140,000
00:22:23for the probate administrator, for the lawyers, and you're going to wind up with zippity-doo-dah.
00:22:30So I would suggest that you all take a deep breath and say, whatever it is, let it be finished.
00:22:38You have no case, Mr. Joseph. Rely on the probate system.
00:22:41I wish you good luck. I said your countersuit's ridiculous.
00:22:44Oh, I have proof.
00:22:45I want to tell you something. Your countersuit for having to rehire somebody to move is ridiculous.
00:22:50I'm telling you, rely on the probate court. We are done here.
00:22:54Would you please let me present my countersuit?
00:22:57No, I read it. I read it. I'm dismissing it on its face. We're done.
00:23:01This court is adjourned.
00:23:05All I can say is I love my sister.
00:23:08It's the same thing that's happening, nothing.
00:23:10Whether it's a probate thing or not, that ain't going to never change.
00:23:14I don't want to hear anything else.
00:23:15I'm always loving, because that's my sister.
00:23:17Let the probate court decide.
00:23:20You know, at 25, after doing season one of this show, I created and executed a will,
00:23:26because this is a situation we've seen far too many times. And it's so unfortunate to see the breakdown of
00:23:31a family over something that could have been prevented, had the mother, father, grandfather,
00:23:36grandmother created a will when they were alive to tell the rest of us how they'd prefer their
00:23:41property to be disposed of.
00:23:42It's fascinating to me that their mother is gone for 50 years. And for 50 years, that title to that
00:23:51house, which is a...
00:23:51Never got flagged, never was...
00:23:53Nobody ever thought about it.
00:23:55Yeah.
00:23:56And the father lived there for 40 years.
00:23:59Must have at least paid the taxes and maintenance on it.
00:24:00Taxes, because it did, absolutely. And then he's gone, and everybody is in this awful state
00:24:06of limbo. And you know what it is with all those siblings and half-siblings and grandchildren and
00:24:10whatever. Even if the house, she says she had it appraised for 250. You looked it up and you...
00:24:16It was much more, but it's hard to tell.
00:24:18...the estimate of about 400,000. But even if it is, and it has to be divided with six people,
00:24:24that's a substantial chunk of money. But it doesn't look like for either one of them,
00:24:29it's life-altering money. He lives in a home. He has a wife. He looks as if he's okay since he's been
00:24:36released from prison. But he has health issues. And his sister has health issues. And they're going to
00:24:43spend the last years of the...
00:24:46...stressed, worried about this probate.
00:24:48...angry. I mean, I saw how emotional Mr. Joseph got. I love it.
00:24:54Case 30-40, Stewart v. DeWitt.
00:24:56Okay.
00:24:59Wife?
00:25:00No.
00:25:01Girlfriend?
00:25:01Yes.
00:25:02Were you in the car that day?
00:25:03I was.
00:25:04Great. Did you go crazy?
00:25:06Well, it was my brand new car, so yes.
00:25:08Yeah.
00:25:09Okay. So he was driving your car?
00:25:12Yes.
00:25:12All right, Mr. Stewart, you are suing the defendant because it is your claim
00:25:17that he smashed your car window during what is an incident of road rage. A little bit on both
00:25:24sides, perhaps. Why don't you tell me when this happened?
00:25:28So it was Halloween of last year.
00:25:30What time?
00:25:31I believe around 5.30-ish.
00:25:34Tell me where you were.
00:25:35I was at the Costco parking lot is when it started. And it ended basically on the street,
00:25:41just outside of the parking lot.
00:25:42Okay. So is this a visual of where the incident occurred?
00:25:46Correct.
00:25:47Just so I get an overall picture before you start your testimony, would you approach the
00:25:52Sure.
00:25:53map and show me where you first connected with the defendant?
00:25:59Here, actually. This is just at the exit of the parking lot.
00:26:02You're both waiting to exit the parking lot.
00:26:05Correct.
00:26:06And where were you positioned as opposed to the defendant? Were you in front of him or behind him?
00:26:12In the parking lot, I was in front of him.
00:26:13And then what happened?
00:26:15He goes around me to get in front of me and honks at me. We both end up at a red light.
00:26:21So he went around you?
00:26:22Correct.
00:26:22Were you doing something that delayed you from exiting the parking lot?
00:26:27No. I was not slowing at all. I was going 15 miles an hour.
00:26:31So he just scooted around you?
00:26:33Correct.
00:26:34Is that right, sir?
00:26:34No, ma'am. The incident started at the stoplight.
00:26:37He says that something happened. There was some interaction as you were both leaving the Costco
00:26:43parking lot. And I have to believe that, sir, because you were both leaving the Costco parking
00:26:48lot.
00:26:48Correct.
00:26:49And if you didn't notice him for some reason, I don't know why, but he noticed you. So there's
00:26:55a lot of cars here in traffic. So it would be too serendipitous for me to have to assume
00:27:00that he's making that up, that he didn't see you exiting the Costco parking lot.
00:27:05Ma'am, that might have very well been the case. I did not realize or notice his car
00:27:10until we got tapped at the intersection.
00:27:12Okay. Now you're both outside. And who was first?
00:27:16His car is in front of mine.
00:27:18Okay. And that's at the stoplight.
00:27:20Yes.
00:27:20And the light changes color.
00:27:21Correct.
00:27:22And he did not move.
00:27:23Correct.
00:27:24So now tell me what you did.
00:27:26Sure. So I honked at him. I inched closer to him, hoping that he would see me. And then I had
00:27:33a collision with his car, like a fender banger.
00:27:35Then you hit his car.
00:27:36Correct.
00:27:37Okay. Now you can go back. Thank you.
00:27:41Okay. So now you hit the bumper of his car. So far, is that correct?
00:27:46Yes, ma'am.
00:27:46And what did you do next?
00:27:48Uh, I slightly reversed so that I wouldn't be near his car. What I did next, um, was I stayed
00:27:54in my car. I saw him and his passenger get out. I didn't leave my car because I didn't want to get
00:27:59out in the intersection. And then, uh, the passenger took a photo of my car, the front.
00:28:04He approached my car. Frankly, he was staring me down.
00:28:08He was what?
00:28:08Staring me down like, like this.
00:28:11And?
00:28:12And I did not feel safe. So I rolled up my window. He banged on it at that point. So I decided that I
00:28:17was going to, um, I didn't feel comfortable having him near me. So I decided to reverse.
00:28:23How do you reverse if there were cars behind you?
00:28:25Those cars began to go around everything and U-turn.
00:28:30Okay.
00:28:31I was going to go in the parking lot. And, uh, as I reversed to go back into the Costco parking lot,
00:28:37he, again, staring me down this whole time, went into the street to block my way. And he had his
00:28:45phone in his hand, but he was searching for something in his pockets. At that moment, I decided
00:28:50that I was going to leave because he was not interested in taking a photo of my car. He was
00:28:54looking for something and he was staring me down this whole time.
00:28:57Um, but usually when you have an accident, Mr. Stewart, and this was either an accident or an
00:29:02on purpose that you hit his car. I don't know what, because his car was standing still. You had
00:29:07already had, according to you, an aggressive interchange with him when he exited the parking
00:29:13lot. And what would seem logical is that if he honked you as he was moving out and then he got
00:29:22in front of you and the light changed and he didn't go, in your mind, you might say, well,
00:29:28he's going to wait until the light turns yellow and then he's going to turn because I was evidently
00:29:33holding him up at the parking lot. Did that go through your mind?
00:29:37I did believe that he was trying to punish me in some way. You did believe? Yes, I did. Of course.
00:29:43Go around me. You honked the horn. Now you're in front of me. We're both going to make a turn
00:29:48and you're going to inconvenience me because it's a tit for tat. But the reaction to that isn't to
00:29:54hit his car. I had no intention of hitting his car. Well, but you did. His car was standing still
00:29:59and you were inching towards him. If you were inching towards him at some point, what kind of car
00:30:06were you driving? A Tesla Model S. A Tesla. What year? 2022.
00:30:11OK, so you know that that has those bing, bing, bing, bing, bing if you get too close to a car,
00:30:17right? So your car is bing, bing, bing, bing, bing, bing, bing, bing, bing, bing. And all of a sudden
00:30:21it's going bing because you're really close. So you know all of that. So this is hardly an accident.
00:30:28You hit his car more of an on purpose. You may not have intended to do damage, but you hit his car,
00:30:33whether negligently or on purpose. The first thing that you do when you have an accident
00:30:39is you get out of your car and you exchange information because I don't know if your car
00:30:45was damaged. I assume his car was damaged because your insurance company settled with him for the
00:30:52damage, which means your insurance found that you were at fault, at least with regard to the damage.
00:30:59Yes. But the first thing that you do is you exchange information. Now it's a road rage situation,
00:31:06so I can sort of understand why having just hit him sort of on purpose and he getting out of the car,
00:31:13you would feel slightly intimidated. Did you take a picture of his car? I did.
00:31:19And you have a picture of his license plate. Yes. So what you do after that, you call the police and say,
00:31:24there's just been a hit and run. He hit my car. He took off. I have his license plate. Can you run
00:31:29it for me and find out who he is? And they go and they'll find him and arrest him for 12 hours or
00:31:33something until he gives him his insurance information. In any event, now you pull up your
00:31:39window and proceed to take off and he blocks your way. And then what happened? So whatever he was
00:31:45looking for in his pockets, he found because as I was driving around him, I hear a ping on my car,
00:31:52very loud. Where? In the back driver's side. And then what happened? So I'm in full flight mode at
00:31:58this point and not thinking about really what to do. So I do what I was going to do, which is a U-turn.
00:32:05That puts me back in his path because he goes into the oncoming traffic and stops it. That's the blue.
00:32:11Yes. And so he stops the traffic. And again, I'm just driving forward. So I don't see this happen.
00:32:16But as I'm driving past him, my driver's side window shatters. And you can't really see out
00:32:22of it at this point because it's just a spider web. I leave and later get a phone call from the
00:32:28police. They tell me that Mr. DeWitt had called them and they want me to come back to the scene.
00:32:34And frankly, I refuse because I was too scared. I didn't want to be in the presence of Mr. DeWitt.
00:32:39Well, just a second. Police called you and gave you a direction to return to the scene.
00:32:45And they're there at the scene. So what did you do? You just ignored them?
00:32:48No, I told them that I didn't want to. And they agreed to have the officer come back to where I was.
00:32:53I didn't feel safe. You didn't feel safe, sir. You may not have felt safe if he told you to come
00:32:58back to the scene. But if police officers are on scene and they tell you, please come back to the
00:33:02scene, then that's what you do. You come back to the scene. The officer did come visit me and he told me.
00:33:08You can't tell me what he told you. That's hearsay. You have a police report. I'll look at it.
00:33:12Yeah, I do have a police report. I'd like to look at it. Okay.
00:33:27Okay. So I see the police report. The police report is relatively consistent with what you
00:33:33testified to today. The police report refers to a video, which I assume that the police officer
00:33:41watched. Is that correct? I showed it to him. After the taking information, the police officer
00:33:47determined that there was felony vandalism with regard to breaking his car window. I know that
00:33:54you're going to have a different story for me, I assume. Okay. Well, he has a video of exactly what
00:34:00happened. So now I would like you to tell me your version of what happened. You're standing at the
00:34:06red light and would you go over to the map and show me where you want? Yes, ma'am. Okay. We were sitting
00:34:13first car here in the turn lane. He was behind us. We felt a tap. We were trying to. So we had a Halloween
00:34:19party to go to. So she had a new car and you can't put an address into the navigation system
00:34:25unless it's in park. So we put it in park and we were putting in the address. Apparently the
00:34:29light turned green. We heard him honk. I waved. It's all becoming clearer. Yes. Okay. So you know
00:34:37you were going to a Halloween party. You were in Costco. I assume you were shopping in Costco. Yes,
00:34:42ma'am. Okay. But going to the Halloween party wasn't a surprise. No, ma'am. That's where you were going.
00:34:48Yes, ma'am. So we could have put the address of where you were going in at the parking lot.
00:34:53Yes, ma'am. And so you didn't do that. Now you're at a light with cars behind you.
00:34:58You had to put the car in park. Are you reading him the address? Yes. Yeah. Could you stand up for
00:35:03one second? I'm just interested. Did you suggest to him that he put the address in in the parking lot?
00:35:10We didn't think about it at the moment at that time. Well, you see, I would have said to my husband,
00:35:16you are here in the parking lot. Let's put the address in in the parking lot,
00:35:20which he would have said, don't tell me what to do when we're out of the parking lot. I'll put it
00:35:24in. Well, that's sort of ridiculous because now you're annoying other people because everybody's
00:35:30looking to make a left turn. Your car is in park and you're doing something else. I'm not excusing the
00:35:36fact that he hit your car at all because it was aggressive, but it's frustrating.
00:35:41Everybody who's been behind a car that's doing something else, contacting their boyfriend or
00:35:46their girlfriend or sending a text message or looking for something in their pocketbook is annoying.
00:35:52It's not being a good citizen. It's being selfish. It's just not right now. So you're doing something
00:35:59that's not right. You get tapped. And what happened? So I told her, hey, we just got hit.
00:36:04We both exited the car. We walked around back and she had her cell phone on her. I did not have my
00:36:10cell phone. I told her and he started backing up immediately as soon as we got to the back of the
00:36:14car. He was backing up so much as it made the person behind him reverse so that he didn't hit them.
00:36:21He started backing up. I told her, take a picture of his car. He's trying to run. So she takes a picture.
00:36:27And then I said, put it on video. She puts her camera onto video and hits record,
00:36:32handed me the phone. I didn't point the camera. I wasn't trying to be a photographer.
00:36:37I walked over to the side of his car and he's backing up. Now the car behind him is trying to
00:36:43get out of his way. Stand there. You can have a seat. Go back.
00:36:47So when I walked up to his car, I knocked on the window and it's his testimony that I was staring
00:36:54him down and that I was aggressive and that he was scared. You know, I'm sure you weren't happy
00:36:58with him. And? And so he just started backing up. But cars coming down the road, he got gridlocked.
00:37:04He couldn't get into the Costco parking lot. So he came up. May I approach the map again, Your Honor?
00:37:11He came up, passed me, went between these two cars and then made a U-turn.
00:37:16This is where I walked across the median to stop him. He then swerved at me. You could tell the
00:37:24safety features in the Tesla applied a brake and swerved to the right. He then overrode that
00:37:29and swerved back at me, trying to hit me in the car, in the road. And that's when everything took place.
00:37:35Okay. So this is what the case is about. He wants you to pay the damage for his window and punitive
00:37:42damages for emotional distress, which I'm dismissing right now, Mr. Stewart, because you caused your own
00:37:48emotional distress. Whatever emotional distress you had, that was on you. So how much did it cost
00:37:53to fix your window? So I know a realistic figure because this $10,000 isn't flying. So the actual cost
00:37:59of the window was $617.86. Okay. And how much did your insurance company pay to fix their car?
00:38:09$619.45. Okay. Before we proceed to look at these videos, because now what we're talking about is
00:38:16we're talking about $617 rather than $10,000. But from reading the papers, Mr. DeWitt,
00:38:24you suffered a broken hand. Yes, ma'am. And according to your papers,
00:38:28at least, you suffered a broken hand because he hit you with his car. Yes, ma'am.
00:38:33Did you sue him for hitting you with his car? No, ma'am. Why not? I've never sued anyone.
00:38:41Probably will never sue anyone. Sorry, but... Well, if somebody swerved their car and broke my hand,
00:38:47I guarantee you I would find the best tort lawyer in whatever jurisdiction I was in
00:38:54and sue their pants off. I felt he was trying to injure me. I would have handled it in a different
00:38:58manner. Well, according to your testimony, Mr. DeWitt, he was trying to injure you. You said he
00:39:05overrode his Tesla to try to swerve right into you. Well, that's trying to injure you. There's no
00:39:11question about that. But I'm going to take a look now because your statement is that he purposely
00:39:17shattered your window with something. And it's your suggestion, at least, that that's how he broke his
00:39:23hand. Correct. And he said, no, he broke his hand when you swerved. I read his papers when you swerved
00:39:29and you hit him with the rearview mirror of your car. Correct? Yes. Let's take a look. Is this your video?
00:39:39Yes. This is the dash cam video. Okay. Let's take a look at it.
00:40:00Right. So, um, not a so.
00:40:09So, he's got keys out in one hand. It looks like a phone in the other. Now, he's going across to
00:40:34where you're coming around. He crosses the little median.
00:40:44Oh, no. The car doesn't hit you, Mr. DeWitt. You threw something at it.
00:40:48When he does the U-turn.
00:40:50Okay. We're going to see more. But you do realize that you did throw something at his car.
00:40:55So, that was where he hit the, my side of my hand, when he was coming past. So, where am I?
00:41:05I don't see that. Just a second. I don't see that. So, let's look at it again.
00:41:09Is this when you claim that he hit you? Yes.
00:41:12Yes. These things.
00:41:16Mm-hmm. What else?
00:41:18Well, I'm kind of really all over the map right now.
00:41:22I don't want you to be all over the map. I have limited time, less patience.
00:41:27And I... What else did she take?
00:41:29Okay. She took a lot of stuff in there, which I have no way for me to identify what they are.
00:41:33I only think I have, like, a credit card statement that tells how many times she purchased an item,
00:41:39which I'm not aware of. I'm not getting involved with that, sir.
00:41:41I'm not aware of.
00:41:42Okay.
00:41:42What else?
00:41:43One of the main things that she bought, which I never authorized that, was a Gucci bag.
00:41:49Okay.
00:41:49Okay.
00:41:50Just a second. How much was the Gucci bag?
00:41:53The Gucci bag was $20, $2,200.
00:41:57When was it purchased?
00:41:59It was purchased, let me see, January 6th, 2023.
00:42:04And two weeks prior, I spent $30,000 for engagement ring.
00:42:08So why do you need a Gucci bag?
00:42:09Just a second.
00:42:09Just a second.
00:42:10That doesn't make any sense to me.
00:42:11Mr. Curiel, the defendant left in March.
00:42:15Correct.
00:42:16March what?
00:42:1623.
00:42:17I left March 13th was the date that I actually...
00:42:19So you would have received, sir, the bill from the pocketbook in February, the latest,
00:42:28the beginning of March, when she was still there.
00:42:31Correct.
00:42:32Did you have a conversation with her?
00:42:34Yes, I did.
00:42:35Just a second. When she was there, did you have a conversation with her about the Gucci bag?
00:42:40After she bought the Gucci bag, I said, why did you buy the Gucci bag?
00:42:44Just a second.
00:42:44Go ahead.
00:42:45You weren't with her when she purchased it?
00:42:46No.
00:42:47Okay. Were you aware the date that she purchased it in January that she had purchased it?
00:42:52No.
00:42:53No. When the first time was it that you became aware that she purchased it?
00:42:57When I received a statement.
00:42:58The statement.
00:42:59A month later.
00:43:00Fine. So that was within four weeks. Then you had a conversation with her.
00:43:03That's correct.
00:43:04Okay. Just about the Gucci bag.
00:43:07Just about the Gucci bag.
00:43:08Okay. Tell me what the conversation was.
00:43:10The conversation was, I cannot believe you go ahead and spend another $2,200 for a Gucci bag
00:43:15when I spent $30,000 off your engagement ring right around Christmas time. We just got engaged
00:43:20two days before Christmas. And then she went on a shopping spree to buy all the other
00:43:26Knicks and Knicks, which I had no idea of.
00:43:29Okay.
00:43:29Until I received the statements on my hands.
00:43:31We're talking about the Gucci bag.
00:43:33Right.
00:43:33Okay. And what was her response to you?
00:43:35What did she say?
00:43:35Her response to me says, I don't thought there was anything about that. I just did it.
00:43:41That sort of response was.
00:43:42Okay.
00:43:43Not that anything says I'm sorry or whatever.
00:43:45Gucci bag. Let's go.
00:43:46So I have evidence here of the date that I had texted him and asked him if I could get the Gucci bag.
00:43:53Christmas Day, I had bought him like 25 gifts. He opened and he bought me nothing. And so we were talking.
00:44:01When did he give you the engagement ring?
00:44:03He gave me the engagement ring December 22nd.
00:44:06Okay. Well, that's a couple of days before Christmas.
00:44:09What happened to the ring, by the way?
00:44:12I returned that to him.
00:44:13Good. Okay. Can I see the texts that you have?
00:44:17Yes.
00:44:22Well, you told him you were going to buy it. I don't see where he said it was okay.
00:44:35Correct. He didn't respond.
00:44:36And then I went into the building supply. I was still working for him and asked him.
00:44:42And he said, is that really, if that's really what you want? And I said, yes.
00:44:46And so he didn't respond in the text message, but he did respond when I went to the building supply.
00:44:51And when it was delivered, which was January 11th, I actually took the box that it came in,
00:44:58plus it was beautifully wrapped, and opened it in the building supply in front of him.
00:45:02And he even joked around with some of the bar staff, because I was still managing it, that I had bought it.
00:45:08So I did open it in front of him at the building supply, and he did joke about it quite a bit.
00:45:14That is not true, Your Honor.
00:45:15Okay.
00:45:16None at all.
00:45:17Well, Mr. Curio, you had several options, because she did open it in front of you.
00:45:23She did not.
00:45:24She did not.
00:45:25So you're saying you did not know about this bag.
00:45:28And I still don't know now.
00:45:30Well, you know about it now. Now you've got a bill for it.
00:45:32I know the bill, but I don't see the bag. I don't even know what the bag looks like.
00:45:35Well, no. You've got to text her what the bag...
00:45:37Ma'am.
00:45:38No, listen to me.
00:45:39Your Honor, the bag that you showed you today is $1,100. This bag is almost $2,200.
00:45:44It doesn't say a price on it.
00:45:47Okay.
00:45:47The bag that she texted you.
00:45:49I never saw that bag.
00:45:50Okay.
00:45:51Never.
00:45:51Good.
00:45:52I have another question.
00:45:53Ms. Weiser, this whole transaction took place in January.
00:45:58You moved out with your son in March, and you moved into a home with a man who is now your fiancee.
00:46:05Correct.
00:46:06Okay. I'd like to know when you met him.
00:46:09Mario left March 12th for Maryland to get some equipment that he had.
00:46:13I met him March 12th on the island at a country concert.
00:46:16He was made aware of my situation at that time. He had just moved into a condo, had two spare bedrooms.
00:46:22I had been seeking shelter, women's shelter at the time, and so...
00:46:26I asked your question. So, because I see from the complaint and answer that there was some
00:46:35issue with your comings and goings and him.
00:46:39Correct.
00:46:40You would go out with friends and stay out late, and he didn't like that.
00:46:44Actually, according to you, and he doesn't deny that, he said, I want your home by 1130.
00:46:50Correct. I got a curfew.
00:46:51Well, depends upon how often you're out until 1130.
00:46:55My son was in Ohio on spring break at the time, so I did take the opportunity, and we were not getting
00:47:00along to go out with friends on the island. And also, Mario was out late because he does own a bar.
00:47:07Last calls at 1, close by 2. The bartenders usually got out around 3. So he came in at very late hours
00:47:13himself. So yes, I did take the opportunity to go out when my son was on spring break.
00:47:18Okay. Now, the plaintiff gave you a credit card at some point in your relationship. When was that?
00:47:25That was after you moved to Florida, right after you moved to Florida?
00:47:30Yes, because I was also purchasing our home groceries on that. I purchased the bar supplies.
00:47:37So you purchased the bed linens. Correct. You purchased the set of towels. Correct.
00:47:43You purchased the silverware. Correct. You purchased the toaster. Yes.
00:47:48And you purchased the pizza pan. Yes.
00:47:50Which you took with you, correct? Correct.
00:47:52And the bag, all on his credit card. Correct.
00:47:56And is it accurate that the, based upon these items, most of them, as opposed to the Gucci bag,
00:48:04would be considered necessaries? Yes.
00:48:06And was that the condition upon which he gave you the credit card? Because if it was not,
00:48:13then you wouldn't have asked him permission to buy the bag.
00:48:18Do you want me to say goodbye to you? No.
00:48:20Then I want you to look at your bills and tell me what the bed linens were.
00:48:27I'm a man. I never bought sheets before. I never bought linen before. I never bought towels before.
00:48:33A grown man asks a person who is self-supporting, takes care of a child who lives with her full-time,
00:48:42why would you ask her for money? I didn't ask her for money. She offered the money to me.
00:48:46Well, how does that happen, sir? Over the course of the conversation,
00:48:50and then she let me know, you know, that business venture you were into, I'm going to give you the money.
00:48:56Ms. Merriweather, you have a 12-year-old daughter. Yes.
00:48:59She go to school? Yes.
00:49:00She does okay in school? Yes, she does.
00:49:02She have plans on going on to higher education? Yes, she does.
00:49:06Yeah. You have all of her college money put away?
00:49:09Not all of it. No, I do not.
00:49:11You saved some? I'm saving, yes.
00:49:12Saving so that your daughter can go to school? Yes.
00:49:15You wouldn't give somebody that you were casually dating who was dating other people money just as a gift?
00:49:21No, I would not. Yeah. Why would you do that? You don't look like an idiot.
00:49:25I'm not. Mr. Womack, I can understand that if you had an exclusive relationship,
00:49:29and you both thought that you were going to build a life together, and you were struggling financially,
00:49:35and you had a discussion about how you could improve your financial profile, that I can understand.
00:49:42But so let's see what you told me, sir. Of course, this is all about loan, gift, gift, loan.
00:49:47She thought you were in an exclusive relationship. You, not so much. You had an idea for flip cars
00:49:54to make some money. According to you, she said, I can help, right? With that business, right?
00:50:00Yes. Not to give it to you so that you could support your kids or to go out and find a new girlfriend,
00:50:07which you did. According to you, that's what you did. So let me understand. You said to her,
00:50:13I'm going to use the money to start a business to flip cars. Is that what you're telling me?
00:50:19Yes. But then you didn't. Now, you give me a whole lot of reasons in your answer as to why you didn't.
00:50:26So let me see if I remember. You said you were preoccupied with your mother's illness, right?
00:50:33Yes. And then she started to ask you a whole lot of things while you were preoccupied with your
00:50:40mother's illness, like where to go to dinner or were you going to Disneyland or other that you
00:50:46considered silly things, considering your situation with your mother, right? That's what you say in your
00:50:51answer. Yes.
00:50:52But you weren't so preoccupied with your mother that you didn't find another girlfriend, because that's
00:50:57what you also say in your answer. So somehow between taking care of your mother and this
00:51:02alleged business, you found time to find a new girlfriend. Correct. And you never did buy a car
00:51:10or start the business. That's what you also said. First off, she was never my girlfriend. Just a second.
00:51:14She was never my girlfriend. That's not what I asked you. I didn't say she was your girlfriend.
00:51:17A new girlfriend is not what she was. I didn't say she was your girlfriend.
00:51:19Would that be correct? Let's read the question back to him, Whitney, that I posed to him,
00:51:24because he didn't give me the answer to my question. But you weren't so preoccupied with
00:51:28your mother that you didn't find another girlfriend, because that's what you also say
00:51:32in your answer. Somehow between taking care of your mother and this alleged business,
00:51:36you found time to find a new girlfriend, correct? Not a new girlfriend. She was never my girlfriend
00:51:41to start with. You mean she was never, but you found- So in dating other people? Strike the word new.
00:51:48It was a sufficient girlfriend for you to put in your answer. So while dating other people?
00:51:53No, no, no. Not what I asked you, sir. You want me to read the question again?
00:51:57Sure. You managed to find another girlfriend.
00:52:00No. No. Did you buy a car?
00:52:04No. I'm going to ask you $24,000 question, or excuse me, the $64,000 question. What did you do with
00:52:12her money? I used it towards my mother's funeral. Really? Is that what she gave you the money for?
00:52:18No, but she also let me know that I could use the money for other things, and I told her I was trying
00:52:23to hold on to it. Just a second. Just a second. Ms. Merriweather, did he ever tell you he used
00:52:27that money for his mother's funeral? No, he didn't. No.
00:52:31We weren't talking at that time. When did your mother die? March this year.
00:52:37So she gave you the money in what month? What month did she give you the money?
00:52:42December, January. Look there. December 2022.
00:52:47Now, you had December, so you had Christmas for your kids, right? You had January,
00:52:51whole month of January. So what you're telling me is you didn't spend any of that money in December,
00:52:57you didn't spend any of the money in January. You didn't spend any of the money in February.
00:53:01You saved it all up for your mother's funeral. December and January, I'm not sure if you remember,
00:53:05it was really rainy and we had months of rain, like two solid months of rain. There were no
00:53:11auctions to go to because they're outdoors. And? So I couldn't go.
00:53:17You are so lucky. You are so lucky. You should kiss the ground that you're standing on. He has
00:53:23three children who have two or three mothers. I know at least two. Three mothers? Right. And he
00:53:30took your money and spent it on himself. Yes. Right? Yes. Brothers and sisters, Mr. Womack?
00:53:37I do. How many? Too many to count. Too many to count? My God, I can count all the way up to 100.
00:53:44You're a hustler, Mr. Womack. Can I see the $5,000 that you gave him? You're a hustler. And you should
00:53:49thank your lucky stars, madam, that you didn't involve him in your daughter's life,
00:53:53because it would be a terrible thing to involve a hustler in your daughter's life.
00:53:57Judgment for the plaintiff in the amount of $5,000. We're finished. Thanks. Great. Court is adjourned.
00:54:07It was a gift. She gave me the money. He knew that he owed me the money that I loaned him and it was
00:54:11not a gift for him to use for his mother's funeral. She gave me the money and I told her once I got money
00:54:18from the business that I would pay her back or she could become a partner in the business. No,
00:54:23we had a conversation about him starting a business. He came to pick the money up from me and I gave him
00:54:29cash for him to start his business and also repay me. And had I been with her, she'd never ask me for
00:54:35that money ever again. No, he owes me and it was for a business that he started. It was an investment for him.
00:54:40Out of the blue, she showed up at my house with some subpoenas. He didn't respond back. He blocked me
00:54:47and that was it. I'm not going to loan out any more money to anyone I'm dating.
00:54:51Okay, my clerk. So this is my take on this case. I made a decision today based on what I perceived as
00:54:59the facts and the relationship between these two people. The fact that I think she sort of got hoodwinked.
00:55:06So now I want you to give me a legal rationale for what I just did.
00:55:10Sure. So he accepted money for a car flipping business and he's under a legal obligation to
00:55:16exercise best efforts to put that money towards his car flipping business. And he used it for
00:55:21reasons outside of that. This was not a no strings attached gift. This was for car flipping. And he
00:55:28has to use it for that. I buy that. Thank you.
00:55:30Case number 3069, Finley versus Neal. Please come forward.
00:55:35Aaliyah Finley is suing her children's father, Jason Neal, for property damage and emotional distress.
00:55:43Ms. Finley, you and the defendant have three children together.
00:55:47Correct.
00:55:47And it is your claim that he destroyed some property of yours and that he subjected you to emotional
00:55:54distress. Yes.
00:55:55I've had a few husbands who subjected me to emotional distress over the years.
00:56:01To her truck, Christopher is counter suing Brandon's for wrongfully claiming their daughter
00:56:07on her taxes. You've claimed the child as a deduction on your tax returns?
00:56:11Yes, your honor.
00:56:12You had no right to do that, I don't think. Lexi, tell me what the IRS says about claiming a child as
00:56:19a dependent. It's the custodial parent, which is the one that the child has lived with a greater
00:56:24number of nights during the year. So, so far he's the custodial parent. Do you work?
00:56:28Uh, right now I'm disabled.
00:56:30So you get disability, how much?
00:56:32No ma'am, I'm still waiting on that.
00:56:33Who do you live with?
00:56:34Right now I live with my uncle.
00:56:35And your daughter lives with you?
00:56:36Yes ma'am.
00:56:37So who's supporting you?
00:56:38Right now just, I'm running out of funds, but I've been supporting us both, me and my daughter.
00:56:43Okay. Lexi, does it say how much the deduction is?
00:56:46Not on this side, it doesn't, but I can check.
00:56:48Yeah. I think it's $2,500, but I'm not sure.
00:56:51Wiley's looking that up. Ms. Prior, what made you think that you could claim this child as a
00:56:56deduction on your tax returns?
00:56:58There was not a custody agreement at the time and I was trying to get her full time.
00:57:03I would be trying to fix a lot of things, including the fact that I'm short and my roots grow out
00:57:11much sooner than I would like them to grow out, but that doesn't mean that it happens.
00:57:18Do you understand?
00:57:19Yes, Your Honor.
00:57:19I'm trying. I won. I was thinking.
00:57:23So you understood when you claimed her as a deduction on your tax returns,
00:57:28that it was the wrong thing to do. You were not supporting her and she was not in your custody.
00:57:33I did look, do some research on it. And so, but since there wasn't a custody agreement,
00:57:38we would flip-flop each year.
00:57:40So who said flip-flop? Why would you flip-flop? You're neither supporting her or does she live with
00:57:45you. Why in the world would you think that you were entitled to claim her on your tax returns?
00:57:50You're right. You're right. Of course I'm right.
00:57:54Hustler.
00:57:56Lexi, you're going to give me a figure in a second. I'm going to move on.
00:57:59Okay. So that's an easy for you, sir. You're going to get that money back.
00:58:05Your claim is that you had a truck that you took. It wasn't your truck. It was
00:58:10a truck that was either in both your names or in just his name that you took when you left in 2021.
00:58:17You want the title to it. Yes. Okay. So in whose name is this truck?
00:58:22The title doesn't have a name. Title always has to have a name. Do you have the title to the truck?
00:58:27No, ma'am. It's in the broker's name still because $300 is still owed on it,
00:58:31which I didn't pay. So that way she couldn't use the title.
00:58:32Well, that's a lien. That's usually a lien. Do you have a number?
00:58:35It's $2,000 per qualifying dependent. Okay. Great. Now, when was the truck purchased?
00:58:42Purchased it in 2020, 21. It was 2020, Your Honor.
00:58:462020. Now, she took the truck with her when she left, is that?
00:58:51No, ma'am. When did she take the truck?
00:58:53She left in my Toyota 4Runner, was gone for two weeks, never called about our child or anything.
00:58:57That was in 2020 or 2021? When she left.
00:59:00That was in 2021? Yes, ma'am. Okay. So she took the 4Runner.
00:59:04Yes, ma'am. So you had two cars. You had this truck and a 4Runner.
00:59:07Yes, ma'am. When you left in 2021, did you? Yes or no. Did you take the 4Runner? Yes.
00:59:15What happened to the 4Runner? I brought it back the next night,
00:59:18in the middle of the night, and I left the keys in the cup holder,
00:59:22because he had to be at work, even though I left.
00:59:24Just a second. So... Sorry.
00:59:29So you took the 4Runner when you left, and according to you, you brought it back,
00:59:35and then you took the truck. Yes.
00:59:37What did you take the 4Runner for to begin with?
00:59:40Because I had gone to a meeting that night before AA, and I went to a meeting,
00:59:47and they gave me support to leave him, because he was very emotionally...
00:59:51Would you please tell me what you took the 4Runner?
00:59:53Because I went to the meeting in the 4Runner.
00:59:55That's an answer. And you left? Yes.
00:59:58You didn't go back. You just left in the 4Runner?
01:00:01Correct.
01:00:02On what date? June 27th, 2021.
01:00:05Now you want to tell me what happened to the 4Runner?
01:00:09Be very careful. Real careful.
01:00:12What happened to the 4Runner? Yes, Your Honor.
01:00:14Be very careful. Yes.
01:00:16Really careful.
01:00:18Okay. I returned it the next night, in the middle of the night.
01:00:21And I... In the same condition as when you took...
01:00:24Yes.
01:00:25In the same condition as when you took it...
01:00:28Yes, Your Honor.
01:00:29...you returned the 4Runner?
01:00:30Correct.
01:00:31And you took the truck?
01:00:32Yes, Your Honor.
01:00:33Why?
01:00:34Because I already had suitcases in the truck packed.
01:00:37Why didn't you just take the suitcases out of the truck and put them in the 4Runner?
01:00:41Because I drove the truck every day to work.
01:00:44He would drive the 4Runner, I would drive the truck.
01:00:46So that's why they were in there. But I took the... his car to the meeting.
01:00:50So you were planning... No.
01:00:53Yes.
01:00:54Yeah. So you were planning on leaving before you went to the meeting.
01:01:01If you packed your suitcases and left them in the truck
01:01:05and then went to your AA meeting and didn't return home,
01:01:10then you were planning on leaving him before you went to the meeting.
01:01:14Correct. I had him in there for about a month.
01:01:17Well, who was using the truck? Just you?
01:01:19Yes.
01:01:20Well, if just you were using the truck,
01:01:22I still am not understanding why you took the 4Runner.
01:01:26I'm not recalling that day either.
01:01:29I just went to my meeting and then...
01:01:31You're not recalling that?
01:01:33Right. I just remember...
01:01:34When she left, did she take the 4Runner?
01:01:36Yes, ma'am. And the truck had absolutely no suitcases or anything in it.
01:01:40Because I had just taken it to a mechanic several days before
01:01:43to have the engine block looked at.
01:01:45No, the radiator, excuse me. They were going to have to replace it.
01:01:48What happened to the 4Runner?
01:01:49Uh, she left in the 4Runner and two or three weeks later, not days,
01:01:54she brought it back at three or four in the morning.
01:01:56The valves were shot. Somebody had been running it hard all night.
01:01:59Basically, she drove it for, I don't know, two days a week.
01:02:01I can't remember the amount of time, but she burned out the motor.
01:02:04She didn't put any oil in it or anything.
01:02:06Where is that car now?
01:02:07I ended up selling it for $500 because I couldn't really afford the 4Runner.
01:02:11Okay. And she took the truck?
01:02:13Yes, ma'am.
01:02:14Okay. And you want the title to the truck?
01:02:17Yes, ma'am.
01:02:17You have the truck?
01:02:18Yes.
01:02:18Who bought the truck?
01:02:20We did. We bought two cars in 2020 with our stimulus checks.
01:02:24We bought a, I'm sorry, an F-150, the truck that I currently drive,
01:02:28and a Ford Escape that he wrecked during the freeze.
01:02:33And then he sold the Escape, bought the 4Runner,
01:02:37but he drove the 4Runner to work because his job was further than mine.
01:02:40So gas mileage, that's why I drove the truck.
01:02:43When you returned the 4Runner, was it the next day or was it weeks later?
01:02:47The next day. I have a witness.
01:02:49The fiancée?
01:02:50Yes, he was witness to all of it.
01:02:51I don't care what he says.
01:02:53I don't care what he says.
01:02:54Okay.
01:02:56If the plaintiff pays off the broker, which is, what, $300 left,
01:03:04are you prepared to sign the title over to her?
01:03:07It's not her vehicle, so why would I want to sign my title over to her?
01:03:09I have text messages telling you.
01:03:11The only reason she has the title, period, is I needed my daughter's birth certificate.
01:03:15Which title to her truck?
01:03:17Christopher says Brandon's falsely claimed their daughter on her taxes.
01:03:21Okay. When you returned the 4Runner, was it the next day or was it weeks later?
01:03:26The next day. I have a witness.
01:03:28The fiancée?
01:03:29Yes, he was witness to all of it.
01:03:31I don't care what he has to say.
01:03:32I don't care what he says.
01:03:33Okay.
01:03:34How much is the F-150 work?
01:03:36Is it a F-150 regular cab?
01:03:39Crew cab.
01:03:40Crew cab.
01:03:40Four-wheel drive.
01:03:42I have the bill of sale right here if you want to see it.
01:03:44And the mileage?
01:03:45I have no clue. It's been a year she's been driving it, so.
01:03:48Let's put 250,000 miles on it. 22-year-old car, is that right?
01:03:52Yes, ma'am.
01:03:53Is it a King Ranch short bed, short bed, or Harley Davidson?
01:03:57Short bed.
01:03:58Actually, it's got a long bed, I'm sorry.
01:04:00And put it in poor condition.
01:04:02Poor condition.
01:04:02It actually does have a brand new transmission radio. I was rebuilding it.
01:04:06As of 2021?
01:04:07Yes, ma'am.
01:04:08For a private party, it would be between $2,400 and $5,100.
01:04:14$2,400?
01:04:15$2,400, $5,100.
01:04:17Okay.
01:04:18Do you have the title to the car?
01:04:19No, ma'am. The actual person I bought it from still has the title.
01:04:21It's going to be a salvage title.
01:04:23And they had to pay $300, and I did not do that because of this going on.
01:04:26Perfect.
01:04:28Perfect.
01:04:28How much was the total cost of the car?
01:04:31I think I paid $3,500 for it originally.
01:04:33$3,900.
01:04:34$3,900.
01:04:35I'd like to see it, please.
01:04:48Well, he's the purchaser of the car.
01:04:49Yes, Your Honor.
01:04:50Mm-hmm.
01:04:52So when I had the money to go get the title, and I talked to the broker, the broker said,
01:04:58I could get the title as long as Christopher comes with me and brings his ID, and we can
01:05:02write the title in my name, which he did agree upon. Then all of a sudden, the taxes,
01:05:07things came up, and so he said he wasn't going to help me.
01:05:10Okay. Mr. Kennard, if the plaintiff pays off the broker, which is what, $300 left?
01:05:18Yes, ma'am.
01:05:19Are you prepared to sign the title over to her?
01:05:22It's not her vehicle, so why would I want to sign my title over to her?
01:05:24I have text messages telling...
01:05:26The only reason she has the title, period, is she blackmailed me.
01:05:30No, no, no.
01:05:30I need to be my child's person.
01:05:32What I'm asking you is, we're talking about a truck that's been in her possession now for
01:05:37two years, right?
01:05:38Yes, ma'am.
01:05:39And we're here now, and I have to make a decision.
01:05:41Mm-hmm.
01:05:42Right? So far, are we correct?
01:05:44Yes, ma'am.
01:05:45And it would seem to me smart for you to take everything that has to do with this truck
01:05:51out of your name.
01:05:52Yes, ma'am.
01:05:53Absolutely, yes.
01:05:54Totally.
01:05:55So my question to you is, once I resolve the issue of the child and the deduction for a
01:06:03dependent that she took erroneously in 2022, which I'm going to do, if she pays off the truck,
01:06:11will you consent to the title being put in her name?
01:06:15Yes, ma'am.
01:06:16That's a very smart thing. So that makes my life very easy here.
01:06:22On the counterclaim, I'm awarding the defendant $2,000 on your counterclaim, and that is for
01:06:31her erroneously taking the child as a deduction in 2022. Your request for the title to the truck
01:06:38is granted to this extent. Once you pay off the broker, I am directing the defendant to sign off
01:06:47on the title. We are withholding the $2,000 until that happens. Do you understand?
01:06:53Yes, ma'am.
01:06:54Does that sound reasonable?
01:06:57Yes, ma'am.
01:06:58Does that sound reasonable?
01:06:59Yes, ma'am.
01:07:00Perfect. That's the order of the court.
01:07:02Your Honor, one other thing?
01:07:03Yeah.
01:07:03I also have a toll road. She's been running on it.
01:07:07Just a second. Just a second. You mean tickets?
01:07:09I have $86.82 in tolls she ran in that truck.
01:07:13$86. $2,086. I didn't have to look at it. I believe you.
01:07:17And then I also have the report where I call it where the demand letter where she stole the vehicle,
01:07:22a police report where she stole the vehicle. And the only reason she ever has any of that
01:07:26is I needed my daughter's birth certificate, which she refused my daughter to have.
01:07:30Okay. But right now, everybody's going to have a wonderful kumbaya moment. You're going to get
01:07:37the money that you are absolutely entitled to that she wrongfully took. And you're going to be out of
01:07:42the F-150 business, which means if there are tickets on the car, they're hers. She won't be able
01:07:49to register it. If there are tolls on the car, they'll be hers. And if she gets into an accident,
01:07:54nobody can sue you.
01:07:55Yes, ma'am.
01:07:56I think that that's a good idea.
01:07:58Yes, ma'am.
01:07:59Yeah. Because I'm not quite sure about her. $2,086. Judgment on the counter claim
01:08:05for the defendant. Being withheld until the title is cleared with your payment,
01:08:12yours, of $300 to the broker. Great. We're done. Thank you, Your Honor.
01:08:18This case is now closed. Courts adjourned.
01:08:20I am happy I get the truck. I would have liked to have seen her a little bit more embarrassing. She's
01:08:30such a bad mother and a bad person. But all in all, at least we can put this behind us.
01:08:33I wish she would have listened to a little bit more of the way he treated me and the lies that
01:08:38were coming out of his mouth. She literally showed up one night at three o'clock in the
01:08:41morning and took the truck with all my tools and all my equipment in it. How I took the car, how
01:08:47he didn't give me the truck. He said that I stole it. I did not. He gave it. I had text messages that
01:08:52said, you can have the truck. Her little boyfriend tells her what to do and she does it. He's still
01:08:57mad that I left him two years ago. It's all about her and her daughter. She has nothing to do with
01:09:01any of her three children. And she keeps coming. Every time she comes after me, she costs her daughter
01:09:05money. She doesn't realize that. I still think I had a right to because he withheld the child from
01:09:11me and I was trying to get an attorney. And so that is the only reason because I was trying to fight
01:09:15for my daughter and get her back. I just hope she goes away. I hope we can hopefully get along just
01:09:23for the child's sake. But other than that, I never want to see him again. At least she'll get arrested
01:09:26somewhere and I'll be done. You know, there was so much more to that case. The social part of it was
01:09:35so much probably more compelling because the plaintiff didn't see this child for six months.
01:09:42And, you know, if I woke up in the morning and didn't see my toddler next to me for a day, I'd be
01:09:51banging down the courthouse door and evidently that didn't happen. It didn't happen because Child
01:09:56Protective Services was involved and I assume Child Protective Services was involved for a reason.
01:10:02And in addition, there's supervised visitation. Supervised visitation usually means that there's
01:10:07some issue. And this was supervised visitation as a result of the mediation. Got to keep your
01:10:13fingers crossed for this two-year-old. I think everybody left happy. What's your impression?
01:10:17I agree.
01:10:21Are you having a family dispute? Go to judyjustice.com.
01:10:24See you next week.
01:10:28Bye.
01:10:30Bye.
01:10:32Bye.
01:10:34Bye.
01:10:36Bye.
01:10:38Bye.
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