Judge Judy Full Episode 1167 - Jaws Of Death - Best Amazing Cases Season 2O25 - Full Episode HD - video Dailymotion

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Transcript

00:00:00You met on an online dating app?

00:00:03Yeah, the swindling hadn't started yet.

00:00:05She got your credit card.

00:00:06I paid emotionally.

00:00:08No, no, no, no, no.

00:00:09You are so lucky.

00:00:11Steve Pajaro is suing his ex-girlfriend, Gigi Stratman,

00:00:15for a plane ticket, credit card charges, and a stolen cat.

00:00:20Court come to order. All rise.

00:00:22Have a seat, everyone.

00:00:25Hello, Judge.

00:00:26Case number 2016, Pajaro v. Stratman.

00:00:30Mr. Pajaro, it is your claim that the defendant,

00:00:32who lived with you for a brief period of time,

00:00:35owes you money for a plane ticket

00:00:37and for her unauthorized use of your credit card.

00:00:40That's correct.

00:00:41I don't know what the defense is to this,

00:00:43except that I think her defense is that you were just stupid

00:00:48and she took advantage of you.

00:00:49No.

00:00:49I'm trying to figure it out.

00:00:52Me too.

00:00:52I'm actually trying to figure it out.

00:00:53Me too.

00:00:54But you met the defendant, according to you,

00:00:56on an online dating app

00:00:58and started a conversation with her on what date?

00:01:01So we met in March 2020

00:01:03on a dating app for LGBTQ people.

00:01:06We started dating in March 2020.

00:01:09Four months later, she moved in with me,

00:01:11which I know is not smart, but...

00:01:13July?

00:01:13Yes, in July 2020.

00:01:15And where had she been living?

00:01:16She had been living in Florida.

00:01:17And where do you live?

00:01:18I live in Seattle, Washington.

00:01:20Did you send her money for a plane ticket?

00:01:21How did she get to you?

00:01:22She had money herself at that time

00:01:25to cover the cost of moving.

00:01:27So she moved and it was her own funds

00:01:29that she used to move?

00:01:29Yeah, the swindling hadn't started yet.

00:01:31You must have had some substantial...

00:01:33What is this?

00:01:34What is this look?

00:01:35I don't know what this look is.

00:01:36Oh, it's just the verbiage.

00:01:38Okay, well, let me go back

00:01:39and let me start with you, okay?

00:01:41Because there's only one theatrical person here

00:01:44in this room, and that's me.

00:01:46Do you understand?

00:01:47I do.

00:01:48I get paid the big bucks to be theatrical.

00:01:51Okay, so Ms. Strachman, you lived in Miami.

00:01:55He lived in...

00:01:57Seattle, Washington.

00:01:58You decided to move in with him.

00:02:01What kind of work were you doing in Seattle?

00:02:03I was a video editor, but when COVID happened,

00:02:06everyone kind of lost their jobs.

00:02:08And what arrangements did you make with him

00:02:10when you were going to move in with him?

00:02:12He told me that if I gave up my life in Florida,

00:02:16I had a very lovely apartment, lots of friends.

00:02:18You had a lovely apartment.

00:02:19You had nice friends.

00:02:20I had no job.

00:02:22Okay, so he said, move to Seattle,

00:02:24and I'll take care of you.

00:02:25Yes.

00:02:25That's what you say in here.

00:02:26Yes.

00:02:27And that was in July of 2020.

00:02:30Yes.

00:02:30Is that about what you said to her?

00:02:32No.

00:02:33The reason she moved in, again,

00:02:34it was four months after we started dating,

00:02:36which normally...

00:02:37Had you seen her during those four months?

00:02:39We had Zoom.

00:02:40That's either yes or no.

00:02:41No, no.

00:02:41No, you had no physical contact with her.

00:02:45No.

00:02:45Okay.

00:02:45But because we were in lockdown

00:02:47and we were both pretty isolated,

00:02:49it made sense.

00:02:51Her lease was ending

00:02:52and things moved really fast between us,

00:02:55so we decided to try out...

00:02:56Try it.

00:02:56...together.

00:02:57Yeah.

00:02:57Okay.

00:02:57Was there any discussion about what she was going to do

00:03:00once she got to Seattle?

00:03:02Yeah.

00:03:02So, as she stated,

00:03:04she was a freelance video editor

00:03:06and she said she was going to potentially

00:03:08have more work in Seattle

00:03:09and continue to try and find gigs for that

00:03:12or find other employment,

00:03:13drive for Uber Eats.

00:03:15But she came to you and she wasn't working?

00:03:16She wasn't working, no.

00:03:18Okay.

00:03:18And the relationship with her ended in what month?

00:03:21It ended in February 2021.

00:03:23So, it was a relatively short live-in period,

00:03:27maybe six, seven months.

00:03:28Right, because of her.

00:03:29Did she ever work when she was with you?

00:03:31Not that I saw.

00:03:32Just a second, I'm going to ask her,

00:03:33did you ever have full-time gainful employment

00:03:35during the time that you lived with the plaintiff?

00:03:38I did not.

00:03:38I was not supposed to.

00:03:39I didn't ask you.

00:03:40I don't ask to be editorialized.

00:03:43I ask you, did you ever work full-time?

00:03:46No.

00:03:46Did you ever work part-time?

00:03:47No.

00:03:48Okay.

00:03:48Then there came a time,

00:03:50according to what I read in both of your papers,

00:03:52that he purchased a plane ticket for you

00:03:55to go back to Miami.

00:03:57That would be a yes.

00:03:58That is correct.

00:03:59And what month was that?

00:04:00That was in February of 2021.

00:04:04And tell me, in your own words,

00:04:06what you told him as to why you wanted to go to Miami,

00:04:10because he wasn't going with you.

00:04:11He was not going with me.

00:04:12Tell me what you told him

00:04:15as to why you needed to go to Miami.

00:04:18I told him that I needed to visit my sister.

00:04:20And does your sister live in Miami?

00:04:23Yes.

00:04:23Had you been there to visit her before?

00:04:25I had, yeah.

00:04:26While you were living with him?

00:04:27No, no.

00:04:28So this was the first time you wanted to go and visit your sister?

00:04:32Yes.

00:04:32Okay.

00:04:32Was there any specific reason that you gave him

00:04:34as to why you wanted to go visit your sister?

00:04:37She was sick, and I wanted to be there.

00:04:39But did you tell him what she was sick with?

00:04:41Yeah, it was COVID.

00:04:42Did she live alone?

00:04:43At the time, yes.

00:04:44You know, it's just not going to be easy.

00:04:46It's going to get harder.

00:04:47Now, the plaintiff seems like a relatively intelligent human being.

00:04:52Hands off hips.

00:04:53If somebody I lived with say,

00:04:54I want to go and see,

00:04:56unless it was a young child,

00:04:57maybe in a school or something,

00:04:59that lived alone in an attic dormer,

00:05:02I want to go see my sister who's sick with COVID,

00:05:05and you don't have COVID,

00:05:06and this is 2021,

00:05:09I would say, well, why would you do that

00:05:11and put yourself at risk

00:05:12and then come back and put me at risk?

00:05:14Didn't you have that conversation?

00:05:16We didn't, Your Honor, no.

00:05:18It just didn't come up.

00:05:19I want to go take care of my sister

00:05:20because she has COVID.

00:05:22What about isolation?

00:05:23Didn't you ever hear about that?

00:05:24I did hear about that.

00:05:25I spent a lot of time having isolation.

00:05:26Well, what do you think that that means?

00:05:27Isolation means not traveling.

00:05:29No, isolation means you're not supposed

00:05:30to be around other people

00:05:31if you're positive for COVID.

00:05:34If you're sick, stay at home.

00:05:35You don't travel cross-country

00:05:37to be with somebody who's sick,

00:05:39but it doesn't make any difference, actually,

00:05:41because you should have picked up on that

00:05:42or whatever because you didn't really

00:05:44want this ticket, according to what I read,

00:05:46Ms. Strachman, to go and visit your sick sister.

00:05:49You needed this ticket because you had started

00:05:51to become involved with a boyfriend

00:05:53who was in jail in Florida.

00:05:56Unfortunately, yes.

00:05:57Okay, so that's a yes, which you didn't tell him.

00:05:59So you took the money from him for,

00:06:01let's just start with the ticket,

00:06:03under false pretenses.

00:06:04I did, but I...

00:06:05Just a second.

00:06:06That's all.

00:06:07I did.

00:06:08Not a but.

00:06:09Not a little.

00:06:09I did take the money from him

00:06:12under false pretenses.

00:06:14When you went to Florida,

00:06:15he said you needed it for one thing,

00:06:17and in fact, you didn't.

00:06:19That's the false pretenses.

00:06:20How much was the ticket?

00:06:21The ticket was for $427.40.

00:06:25Okay.

00:06:26And when you went to Florida,

00:06:28Ms. Strachman,

00:06:29and you stayed in a hotel, motel,

00:06:31what did you stay in?

00:06:32I stayed in a hotel.

00:06:33And whose charge account

00:06:35did you use for the hotel?

00:06:36Yeni had given me a credit card.

00:06:38That's not what I asked you.

00:06:39That's a name.

00:06:41Whose credit card did you use

00:06:42when you stayed at the hotel?

00:06:44The plaintiff, Yeni's.

00:06:45Mm-hmm.

00:06:45And that was by prearrangement with him

00:06:48that you were going to stay in a hotel

00:06:50rather than with your sister?

00:06:51No, but I have the credit card for...

00:06:53Now, that's not what I mean.

00:06:54Let's go back.

00:06:55You had the credit card.

00:06:57I'm assuming for the purpose of this question

00:06:59that what you say,

00:07:00and I don't know if it's true,

00:07:02but assuming for this question

00:07:04that what you say in your answer is accurate,

00:07:07that he gave you a credit card to use

00:07:09for your necessaries and expenses for emergencies.

00:07:14Yes.

00:07:15Yes.

00:07:15You would agree that going to visit secretly

00:07:19another boyfriend in Miami

00:07:21is not a necessity?

00:07:22You would agree that Yeni cheating on me

00:07:24was not a necessity?

00:07:24No, no, no, no, no.

00:07:25But did you use his credit card?

00:07:27I did, and I believe that human loving kindness...

00:07:29Okay, just a second.

00:07:30Do I look like I need help from you?

00:07:33If you had given him, Ms. Strachman, a credit card,

00:07:36I want you to try to take everything else

00:07:38from out of your mind.

00:07:39If you had given him your credit card and said,

00:07:43I'm giving this to you because I said to you

00:07:46I would take care of you when we lived together

00:07:48if you didn't have a job,

00:07:49let's say I believe that.

00:07:50I'm not so sure, but let's say I believe that.

00:07:52You would agree that going to see another boyfriend

00:07:57across the country was not a necessity.

00:08:00For him, or for me, or for Whitney, or for Sarah.

00:08:04For me, I'm a woman with needs.

00:08:05I need dopamine.

00:08:06I need love.

00:08:07I need connection.

00:08:07And I wasn't getting that from Yeni.

00:08:09So it was a necessity that I went to go visit another man.

00:08:13Yeni had other girls as well on the side.

00:08:15But you didn't pay just a second, Ms. Strachman.

00:08:17You didn't pay for the other girls.

00:08:19You didn't pay for his other girls.

00:08:21I paid emotionally.

00:08:22Oh, you said, what an idiot.

00:08:24What led you to believe you had the legal right

00:08:27to take that cat?

00:08:29Because that cat had become severely bonded to me.

00:08:31Yeni was neglecting both of us,

00:08:33both of the women in his life he chose him to be.

00:08:35Tell me how the cat died in your custody.

00:08:38That's not a smile story.

00:08:39You always make a big deal, according to you,

00:08:41about your birthday.

00:08:42It's a very important day of the year.

00:08:44Correct.

00:08:45Yeah.

00:08:45That's the way Sarah feels, actually.

00:08:47Me, I sort of like to forget birthdays now.

00:08:50I like her to run right by that day

00:08:52as undercovered as possible.

00:08:54They were all necessary expenses for her.

00:08:58Now, you should feel so lucky that you got off so cheap.

00:09:03I think you should assume everything that comes out of her mouth.

00:09:05No, no, no.

00:09:05Why?

00:09:05Yeah.

00:09:06Because if I had, I wouldn't be here.

00:09:07Well, you know, I get who I'm dealing with, sir.

00:09:10Yes.

00:09:11$427 for the flight ticket.

00:09:14How much was the credit card?

00:09:15The credit card.

00:09:16Also, there was an incident with my cat as well, which...

00:09:19Just a second.

00:09:20Followed by Leslie.

00:09:21Well, going to get to that in a minute.

00:09:22That's your least strong suit,

00:09:24but it sort of tells me, again, who I'm dealing with.

00:09:26How much did she use on the credit card in Miami?

00:09:29Okay.

00:09:30Only in Miami.

00:09:31Right.

00:09:32In Miami, she spent $1,000 on...

00:09:35Now, just a second.

00:09:36Is that a sheet from your credit card company?

00:09:38Yes.

00:09:38I'd like to see it easier.

00:09:41Would you like me to add the $427 for the flight ticket?

00:09:44Yeah.

00:09:46Let's separate the two for me now.

00:09:47Mm-hmm.

00:09:48Okay.

00:09:50Give me a start.

00:09:51Just show me where the bill's off.

00:09:52So those are two separate credit card statements

00:09:54because she used it in two separate months.

00:09:57One of those is when she initially started using it, which was...

00:10:00I don't care when she initially started...

00:10:02Okay.

00:10:02You know, let's understand.

00:10:04Yeah.

00:10:04She got your credit card.

00:10:05Yes.

00:10:06I only want to see the charges from Miami.

00:10:09Okay.

00:10:09It's the one that says bail bonds, the bigger charge, which was...

00:10:13Just a couple of months.

00:10:14Okay.

00:10:15How much?

00:10:15That was for $1,000, but overall it was...

00:10:18No, no, no.

00:10:19$1,000.

00:10:19We're going to do it this way.

00:10:21$1,000 bail bonds.

00:10:22Yes.

00:10:23Okay.

00:10:23Next.

00:10:24And then she spent $262.50 at a hotel for both of them.

00:10:29$2.50 for a hotel.

00:10:31And then she spent $105 on a fancy dinner for her and her lover.

00:10:36And her what?

00:10:36And her lover.

00:10:37Okay.

00:10:38$150?

00:10:39$150 is not fancy.

00:10:41That's the kind of person you're dealing with.

00:10:42$150.

00:10:43I don't think there's a question before you, Madam.

00:10:46$10, $4, $1,400 there.

00:10:48Is that close?

00:10:49Including the $1,000?

00:10:50Including the $1,000, but then not including the $4, $25, so it would be $18, $27.

00:10:55Correct.

00:10:56Okay.

00:10:57Now let's get to the final issue.

00:10:59So that takes care of your plane ticket and the credit card while she was in Miami.

00:11:02Now let's talk about the cat.

00:11:04Ms. Strachman, you moved in with the plaintiff July of 20.

00:11:09Yes.

00:11:09And when you moved in with the plaintiff, did he have a cat?

00:11:13Yes, he did.

00:11:13Okay.

00:11:14And what was that cat's name?

00:11:16That cat's name was Momo.

00:11:17And you lived with him a total of approximately six months.

00:11:21Yes, Your Honor.

00:11:22And during that time, the cat...

00:11:23No, no, I didn't ask you any questions.

00:11:24There's no question before you.

00:11:26Sorry, Daddy.

00:11:26There's no question before you.

00:11:27I have dates.

00:11:28You moved in.

00:11:29You lived with him for six months.

00:11:30When you moved in, the cat was there.

00:11:32And if you recall, in what month and year had you gotten the cat?

00:11:36I got Momo right before she moved in with me as an emotional support animal, which is legally protected.

00:11:43When you say right before she moved in with you, give me the month.

00:11:45And where did you get the cat from?

00:11:48June 2020, I adopted her from a shelter.

00:11:51So you didn't have the cat long?

00:11:52No.

00:11:53When she moved in?

00:11:54No.

00:11:54And then the two of you had the cat?

00:11:56Yes.

00:11:56Okay, great.

00:11:57But the cat was...

00:11:58And then when she...

00:11:59Just a second.

00:11:59Then when she left, she left in February of 2021.

00:12:03Mm-hmm.

00:12:04Okay.

00:12:05We are now in August of 2022.

00:12:09And you recently filed this case for the guard to your cat.

00:12:13Right.

00:12:13I didn't know where she was.

00:12:14Just a second.

00:12:15Completely disappeared.

00:12:15I don't care.

00:12:16Okay.

00:12:17You recently filed this case with regards to the cat.

00:12:20Did you make a police report when she left with the cat?

00:12:22Um, I don't...

00:12:23The answer is either yes or no.

00:12:25I don't like involving the police, so no.

00:12:27I didn't want to ruin her life.

00:12:28Oh, well.

00:12:29I want to tell you something.

00:12:30I have a small four-pound dog at home.

00:12:32I love that creature more than anything in the world, except my grandchildren, my husband,

00:12:37and my children.

00:12:38I hope there are enough life rafts for everybody, including the dog.

00:12:41I did try to hire a private investigator in Florida, but I didn't know where she was.

00:12:46Okay.

00:12:47You didn't report it to the police.

00:12:48And I do have a problem with that.

00:12:51Now, Ms. Strachman, you knew when you moved into him, he had this cat that he had adopted.

00:12:56Yes, Your Honor.

00:12:57Would you tell me, what led you to believe you had the legal right to take that cat?

00:13:03Because that cat had become severely bonded to me.

00:13:06Yeni was neglecting both of us, both of the women in his life he chose to neglect.

00:13:09Because I was working in pizza.

00:13:10No, no, no, no, no, no, no, no.

00:13:11Just a second.

00:13:12Don't.

00:13:13Sorry, I paid for everything.

00:13:14And so the cat.

00:13:14So he was neglecting the cat and you, so you decided maybe half a neglect, half a neglect,

00:13:20you could be one whole person.

00:13:21Exactly.

00:13:22Me and her just getting out of here and going to go start a new life together.

00:13:25I spent day and night with that cat.

00:13:27That cat was extremely bonded to me.

00:13:29She would be devastated without me.

00:13:30Tell me how the cat died in your custody.

00:13:33Tell me how the cat died in your custody.

00:13:36That's not a smile story.

00:13:38It's not.

00:13:38No, it's absolutely devastating.

00:13:40I am completely torn up about it.

00:13:42Unfortunately, my boyfriend's dog was not accustomed to cats and Ms. took her for a toy

00:13:50and she did not survive that.

00:13:52What kind of a dog does your boyfriend have?

00:13:54We don't know the breed.

00:13:55I've never done the genetic testing.

00:13:57Do you have a picture of the dog?

00:13:58I do not.

00:13:59I didn't bring anything.

00:14:00Yeah, good.

00:14:00So I was hoping you'd just use the woman's intuition.

00:14:01You just brought your smile.

00:14:03Okay.

00:14:04She's not with her boyfriend.

00:14:05She said, I didn't ask you a question.

00:14:07There's no question before you.

00:14:08Love transcends bars, Annie.

00:14:10Okay.

00:14:11$18.27.

00:14:12$1,000 for taking his cat and because you're a fool.

00:14:157, 2, 8, 28, 27.

00:14:18Judgment for the plaintiff.

00:14:19Thank you very much.

00:14:20We're done here.

00:14:20This court is adjourned.

00:14:22First of all, I'm glad and I think justice was served.

00:14:25I'm not for Momo, but for the other scams that Jacqueline pulled.

00:14:29Then I need dopamine and I need oxytocin.

00:14:31I need love.

00:14:32I need care.

00:14:33Well, credit card fraud.

00:14:35And Yenny said that they were going to be the person who was going to give that to me.

00:14:39Deception played with my heart.

00:14:41And then didn't.

00:14:42So I had to find it elsewhere.

00:14:43It was incredibly, this was Momo.

00:14:46I did not have the cat killed.

00:14:48I was very attached to Momo.

00:14:49That was my cat as well.

00:14:50It was incredibly hard to deal with.

00:14:52I was also alone when I had to process that news.

00:14:55So I did not set a hit man out on the cat.

00:14:58That's a lot to say.

00:15:00She saw me as a sugar daddy and she saw herself as a wannabe Anna Nicole Smith.

00:15:04Unfortunately, neither of us are those things.

00:15:08Could I plead the fifth on finding another sugar daddy?

00:15:12Yet another lesson we learned about cohabitants living together and the rules of what not to do.

00:15:18No cars, no pets, no money exchanges.

00:15:21No joint pets, no joint.

00:15:22Exactly.

00:15:23But today we learned a new one.

00:15:24Today, don't give access to your credit card to anyone that you don't want racking up charges for any purpose,

00:15:31even to visit a secondary lover in another state.

00:15:34You know, the divorce rate in this country is still hovering somewhere around 50%.

00:15:39The living togethers who don't quite make it to the marriage place is a much greater number.

00:15:45Living togethers don't stay together 70% of the time.

00:15:50Why in the world would you buy a pet together?

00:15:53It's a risk.

00:15:54A car together?

00:15:55A timeshare together?

00:15:57True.

00:15:57Or give somebody a credit card?

00:16:00Yeah.

00:16:00At the time that you do it, you're happy with them.

00:16:03But since at least 70% of the time you're going to go your own separate ways,

00:16:07at that time you're mad at each other.

00:16:09And the lines get blurry.

00:16:10And the lines get blurry, absolutely.

00:16:12Case number 2024, Morgan v. Davis.

00:16:15All parties, please step forward.

00:16:16Corey Morgan is suing dress designer Jacqueline Davis for party costs and a dress deposit.

00:16:23Ms. Morgan, this is what this case is about in a nutshell.

00:16:26You were celebrating a birthday.

00:16:27When was your birthday?

00:16:29March 24th.

00:16:30And you always make a big deal, according to you, about your birthday.

00:16:33It's a very important day of the year for you and for everybody who knows you.

00:16:37Correct.

00:16:38Yeah.

00:16:38That's the way Sarah feels, actually.

00:16:40Me, I sort of like to forget birthdays now.

00:16:45I like it to run right by that day, as undercovered as possible.

00:16:49Mm-hmm.

00:16:50Anyway, you celebrate your birthday with a big party.

00:16:54Right.

00:16:54And according to you, you get a spectacular dress for this party.

00:16:58You invite everybody that you know and care about.

00:17:01How many people were you having for your birthday party?

00:17:03It was going to be about 12 people.

00:17:05Where was it going to be held?

00:17:06It was going to be at the James Harden restaurant.

00:17:08Who was going to be there?

00:17:09My best friend from Chicago, my mom, my dad, just an intimate setting of family.

00:17:14Mom, dad, your best friend from Chicago.

00:17:16Who else?

00:17:16Just family, cousins, aunt.

00:17:19And you couldn't get the restaurant for that day, so you made it in April on a different

00:17:23day than your birthday.

00:17:25Yes.

00:17:25I originally booked it in January 18th.

00:17:28The restaurant, it's a big deal, so yeah.

00:17:31Whatever.

00:17:31Mm-hmm.

00:17:32It was postponed until what date?

00:17:34Yes, ma'am, April 1st.

00:17:36Okay.

00:17:37What about your best friend from Chicago?

00:17:39You told her not to come in because you didn't have a dress?

00:17:41Well, I told him that I would be canceling the dinner because when she didn't deliver

00:17:44the dress, everything was already in black and silver.

00:17:47Black and silver.

00:17:48You put on black pants, black top, and you put on silver around your neck.

00:17:52Be ridiculous, Ms. Morgan.

00:17:53You have to grow up a little.

00:17:54He's making his lease, the cost of a phone, as well as a personal loan.

00:18:01Court come to order.

00:18:02All rise.

00:18:02Have a seat, everyone.

00:18:05Case number 2031.

00:18:07Snyder, Alice, versus McCormick.

00:18:10You're welcome.

00:18:10Mr. Snyder, you own a farm.

00:18:12I do.

00:18:13And this is your girlfriend.

00:18:14Yes.

00:18:15How long has she been your girlfriend?

00:18:17Oh.

00:18:17Five years tomorrow.

00:18:19You say that as a five years tomorrow and?

00:18:23And.

00:18:23I'm just saying it's five years.

00:18:26Five years tomorrow.

00:18:27Yeah.

00:18:27And?

00:18:28And.

00:18:28And the rest of our lives.

00:18:30Okay, good.

00:18:32You know that?

00:18:34No, he's learning.

00:18:35He's learning.

00:18:36Terrific.

00:18:37Okay, this is what I'm gathering from the bare bones of the story.

00:18:43Mr. McCormick was dating an employee of yours.

00:18:46Correct.

00:18:47What was that employee's name?

00:18:49Natasha.

00:18:50When were you dating the lovely Natasha?

00:18:52We weren't really dating.

00:18:54We were an acquaintance.

00:18:55Where was Natasha living?

00:18:56She was living, when we first met, she was living at a friend's house.

00:19:00And she was working for Adam as an employee at a restaurant.

00:19:03And when was that?

00:19:04Month and year?

00:19:05I'd say around September of last year.

00:19:07September 2021?

00:19:09Yes.

00:19:10And?

00:19:10And we decided to move out because Adam had a...

00:19:14Well, so you were living with Natasha at the friend's house?

00:19:16Yes.

00:19:17Where had you been living before?

00:19:18My mom's.

00:19:19So you went from mom's house to Natasha and a friend's house?

00:19:23Yes.

00:19:24Okay.

00:19:24And then where did you go?

00:19:25Then we moved into the trailer right next to Adam that he owned.

00:19:30Who had a discussion with Mr. Snyder about potentially renting the trailer?

00:19:34Natasha.

00:19:35So you would have a place to live.

00:19:36And what kind of rent were you paying?

00:19:38I believe it was $800.

00:19:39And you moved into the trailer when?

00:19:41Around November.

00:19:42Of 2021?

00:19:43Yes.

00:19:44And you lived in the trailer till when?

00:19:45About March.

00:19:46March of 2022?

00:19:48Yes.

00:19:48In March, what happened?

00:19:50Me and Natasha weren't getting along.

00:19:53I just had enough.

00:19:54There was never a boyfriend-girlfriend relationship?

00:19:57No.

00:19:57She was just a friend.

00:19:58Did you know that?

00:19:58That is not true.

00:19:59So what did you do?

00:20:00I asked Adam if I could move into the ranch house.

00:20:04There was nobody living there at the time.

00:20:05Where were you living?

00:20:06I live at my home with Julie.

00:20:08Okay.

00:20:08And there's a ranch house on the farm?

00:20:10I have a ranch house on a separate piece of property.

00:20:13Close by to the farm?

00:20:14Yes.

00:20:14Three miles.

00:20:15That was vacant?

00:20:16Correct.

00:20:17Okay.

00:20:17So you asked to rent it?

00:20:18Yes.

00:20:19Who was going to rent it?

00:20:20I was.

00:20:21Just you?

00:20:21Yes.

00:20:22Just me.

00:20:22How much was the rent?

00:20:23It was $800.

00:20:24And this was in March?

00:20:26Yes.

00:20:26Prior to March of 2022, what kind of work were you doing?

00:20:31I was working at a factory.

00:20:32How long did you work there?

00:20:33About a month.

00:20:34What month?

00:20:36March.

00:20:36Prior to March, where were you working?

00:20:38On Adam's Farm.

00:20:39From when to when?

00:20:40I'd say about December until March.

00:20:43Well, in December to March, you were living in the trailer?

00:20:46Yes.

00:20:46Okay.

00:20:47And you were living with the lovely Natasha?

00:20:49Correct.

00:20:50And Natasha, I assume, was contributing to the rent?

00:20:53Yes.

00:20:54And how much were you contributing to the rent?

00:20:56Um.

00:20:56Um is not an answer.

00:20:57How much were you contributing to the rent from December to March?

00:21:01A couple hundred.

00:21:01Of 2021.

00:21:02A couple hundred a month.

00:21:03That's not an answer.

00:21:04A couple hundred a month.

00:21:05How much do you pay for rent?

00:21:08$316 a month and 24 cents.

00:21:10How much does it cost to have your garbage picked up?

00:21:12$59 and 12 cents.

00:21:14Do you understand?

00:21:14Certain things change.

00:21:15What was your electric bill last year?

00:21:16I don't remember.

00:21:17What was your bill last month?

00:21:18I don't remember.

00:21:19$300, ma'am.

00:21:20You see?

00:21:20But I mean, a couple is two.

00:21:23Yes.

00:21:24Who did you pay that to?

00:21:26Uh, Natasha.

00:21:27Well, I can't tell whether you paid that to Natasha or not.

00:21:29Did you ever discuss rent with Mr. Snyder?

00:21:32Uh, no.

00:21:33Even in the trailer?

00:21:34Even in the trailer.

00:21:35So that was all done through Natasha?

00:21:37Correct.

00:21:37Okay.

00:21:38But according to you, you worked someplace in March, but before that you worked on the

00:21:42farm.

00:21:43Yes.

00:21:43From when to when?

00:21:44December to March?

00:21:45Yes.

00:21:46Beginning, middle, or the end of December?

00:21:48The middle.

00:21:48The 16th.

00:21:49Is that about right?

00:21:50If you want to call helping...

00:21:51Just a second.

00:21:52Helping whatever.

00:21:53Yes.

00:21:53December 16th.

00:21:54Okay.

00:21:55And from December 16th, you did whatever work it was on the farm until March?

00:21:59Yes.

00:22:00March what?

00:22:01Until I moved out.

00:22:02No, March what?

00:22:02Beginning, middle, and...

00:22:0328th.

00:22:04And what was the rent in the ranch house?

00:22:06The ranch house must have been nicer than the trailer you were living in.

00:22:09800.

00:22:10You moved in in April?

00:22:11Yes.

00:22:12How much money did you give him?

00:22:13Uh, $900.

00:22:15Some was to go towards security?

00:22:17I was in between jobs, and that's what I had, so we made an agreement that I'd pay $900

00:22:23the week of, and then so on and so on.

00:22:26I don't have...

00:22:26What's the so on and so on?

00:22:27I don't have the copy of the lease.

00:22:29He never gave me it.

00:22:29Did you sign a lease?

00:22:30Yes.

00:22:31I'd like to see it.

00:22:32I have it right here.

00:22:34In the back of the contract, you'll see where we wrote down he would pay $900 on the 8th.

00:22:41Okay, so the security deposit was supposed to be $1,200, so you paid $8?

00:22:46Paid $9.

00:22:47The security deposit was $12, and you paid $9 of security deposit?

00:22:51I paid $9 total, ma'am.

00:22:52Well, how many months did you live there?

00:22:54Uh, not even one.

00:22:55When did you move out?

00:22:56April 24th, I moved out.

00:22:58Is that correct?

00:22:59That's close, yes.

00:23:00Okay.

00:23:00I don't know exactly when he moved out, because he didn't tell me he was moving out.

00:23:04He just locked the door.

00:23:05Okay.

00:23:05And wouldn't turn the messages.

00:23:06But it was in April.

00:23:07Okay.

00:23:07And you had $900?

00:23:09He paid $900.

00:23:10And the rent on the property was supposed to be?

00:23:14$800 per month.

00:23:15$800 monthly?

00:23:16Yes.

00:23:16So, right now, you've been paid for the month that he lived there?

00:23:20Correct.

00:23:21Prior to his moving in there, who was living there?

00:23:23Nobody.

00:23:23So, it wasn't rented?

00:23:25Nope.

00:23:25In what year was it last rented?

00:23:272021.

00:23:28When?

00:23:29Oh, no, it was in February.

00:23:30We did an eviction on it.

00:23:32So, somebody lived there and didn't pay rent?

00:23:33Correct.

00:23:34Is that the first person who came and didn't pay rent?

00:23:37Definitely not.

00:23:38Yeah, it's a lot of you to be a landlord.

00:23:40And Trevor was there.

00:23:40He helped us do the eviction on that, so he knew how it worked.

00:23:42Hmm?

00:23:43Trevor was there.

00:23:44He helped us do the eviction, because we had to have court officers there.

00:23:48To get them out, because they weren't paying rent.

00:23:50I got...

00:23:50So, he knows how it works.

00:23:51Well, he may know how it works, but he did, in fact, give you $900.

00:23:55He did.

00:23:55And he lived there for less than a month.

00:23:57That's right.

00:23:58So, that's sort of square.

00:24:00I know you'd like him to be responsible for his lease, but you have your house back.

00:24:03Mm-hmm.

00:24:04Now, tell me about this phone that you say he owes you for.

00:24:08Okay.

00:24:08Howdy, where's your phone?

00:24:09I have my phone that I paid for.

00:24:11Their phone that I put a down payment for is at my house.

00:24:15Why?

00:24:16I didn't know I had to bring it.

00:24:17Well, it was just purchased within the last year.

00:24:20Yeah.

00:24:20Why do you have two phones?

00:24:22You have no job.

00:24:22Why do you have two phones?

00:24:23I have a job.

00:24:24Oh, good.

00:24:25I bought this outright because he shut the other phone off.

00:24:28Oh, well, where is the phone?

00:24:29The phone's at my house.

00:24:30What kind of phone is it?

00:24:31It's an iPhone 13.

00:24:33You want it back?

00:24:33I'd like him to just pay for it, like the agreement was, but...

00:24:36He gets back his phone.

00:24:38Yes, ma'am.

00:24:39Okay.

00:24:39Even though I paid...

00:24:40Just a second.

00:24:40Where do you live?

00:24:41Where do you live?

00:24:42I live in Highland.

00:24:43Where is that?

00:24:44It's by Detroit, Michigan.

00:24:45Who else lives at home?

00:24:46Um, my girlfriend.

00:24:48What's her name?

00:24:49Ariel.

00:24:50Where is she?

00:24:51She is currently working right now.

00:24:53Does she know where the phone is?

00:24:54Yes.

00:24:54Okay.

00:24:55They're going to give you an envelope in the clerk's office back here.

00:24:58You're going to tell Ariel to put his phone carefully packed and mail it to him.

00:25:03FedEx, UPS.

00:25:04The fastest way you will get there.

00:25:06Then you get your phone back.

00:25:07Go.

00:25:08What's next?

00:25:08I have text messages here from Trevor.

00:25:11This will show where when he was dating Natasha, they had agreed that they would pay for their

00:25:16phones up front so that I would put them on my business plan.

00:25:20I told them I would only do that if they paid for the phones up front because when I took

00:25:23Trevor to Verizon, I said, if they don't pay for their phone bill, as long as they've

00:25:29paid for these phones in full, I can shut them off and it will cost my business no money.

00:25:34Correct?

00:25:34And the lady said, that is right.

00:25:36I said, okay, then we can do it.

00:25:37So we added them to the bill, to the business plan.

00:25:41And here where I text him, I said, you and Natasha told me you were paying for the phone

00:25:45in cash.

00:25:46That's why I allowed you on my business plan.

00:25:49Now I found out that you did not pay for the phones up front because when we were in

00:25:53there, he and Natasha had the cash.

00:25:56Did you assure Mr. Snyder that you were going to pay for the phone?

00:26:00I had no idea I was even going to get a phone until Natasha said, go with Adam and go

00:26:05pick up our phones.

00:26:06That's all I heard.

00:26:07And that's what I did.

00:26:08I didn't know about the cash.

00:26:09Well, you can't say that to me because the lovely Natasha isn't here either.

00:26:13Sir, you're going to get your phone back.

00:26:14Is it one phone or more?

00:26:16We recovered the second one from the camera.

00:26:17Well, you're going to recover this one too.

00:26:19You recovered the second one.

00:26:20Yeah.

00:26:20The second one was Natasha's?

00:26:22Correct.

00:26:22Great.

00:26:23We're going to recover this one too.

00:26:24What's next?

00:26:25Changing lock fees and you want a personal loan.

00:26:28Okay.

00:26:29Okay.

00:26:29So once he moved out, according to you, he moved out totally and you didn't even know

00:26:33who he moved out.

00:26:34So I don't know why the locks were changed.

00:26:36The lock did not need changed.

00:26:37I did tell the court that we were going to have to change the locks because the key was

00:26:42missing.

00:26:42I didn't know that while I was away on storm, Julie had gone in to check, make sure the

00:26:46water wasn't running.

00:26:47And she found the key on the table.

00:26:49And that is what Trevor says.

00:26:50So we're going to eliminate that.

00:26:51And now we're going to go to the small loan that you say that you made to the defendant.

00:26:56So Natasha came over, guys.

00:26:58He said she worked at...

00:26:59Don't tell me what Natasha asked you.

00:27:01That's all hearsay.

00:27:02I need to know what conversations you had with the defendant.

00:27:06Okay.

00:27:07But she came over...

00:27:08But you can't tell me what she said, you see.

00:27:10Okay.

00:27:11So anyway...

00:27:11If you made a contract with Natasha for a loan of money,

00:27:17even if it went for his benefit, do you understand?

00:27:20Okay.

00:27:20Even if it went for his benefit, he's not responsible.

00:27:23If Natasha says, I want you to give...

00:27:26What's your first name?

00:27:27Trevor.

00:27:28A loan to fix his car.

00:27:30And you say, okay.

00:27:31You need somebody to pay you back.

00:27:33Natasha has to say, I'll pay you back.

00:27:36However, you can't tell me that.

00:27:40I was not in the house at the time when they were discussing that.

00:27:43Well, you said you went into the house.

00:27:45I came to pick Natasha up.

00:27:47I don't want you to make yourself appear any more stupid.

00:27:50Do you understand?

00:27:51Try not to do that.

00:27:55Trevor is countersuing for unpaid wages.

00:27:58Now, did you ever have a conversation with Trevor about money?

00:28:03I do.

00:28:03I have a text message telling him...

00:28:05No, no.

00:28:05Tell me.

00:28:06Not a text message.

00:28:07The conversation was not verbal.

00:28:09It was by text message.

00:28:10Correct.

00:28:10Okay.

00:28:11So I'd like to see a text message from him.

00:28:13Yep.

00:28:14This it has from Trevor.

00:28:15This is his number.

00:28:15Okay.

00:28:16Can I see it, please?

00:28:24He did pay me $100 in cash.

00:28:26Okay.

00:28:26So it's clear from this text exchange, sir, that you borrowed a certain amount of money from the plaintiff.

00:28:34I did not borrow it, Natasha.

00:28:35Yes.

00:28:35Well, it acknowledges it here because you say, I start that job on the 14th.

00:28:40I will pay you back out of my first check.

00:28:43It was for me and I will pay it.

00:28:46That's what you wrote.

00:28:47Do you understand?

00:28:48Do you want to look at it?

00:28:49No.

00:28:50You don't want to look at it.

00:28:51You're not questioning me.

00:28:52So you, it's clear from this that you borrowed money from Miss Ailes.

00:28:58I personally did not.

00:28:59I didn't even know what was going on.

00:29:00Who wrote this?

00:29:01I start that job on the 14th.

00:29:04That was me.

00:29:05Well, then that's in response to her text message to you that says, hello, Trevor.

00:29:10I heard you were moving out and I need that paid by the end of the month.

00:29:14I have been very patient as no attempt has been made on this.

00:29:17And you immediately wrote back to her and said, I start that job on the 14th and I will

00:29:24pay you out of my first paycheck.

00:29:27That's what you said to her.

00:29:28Yes, ma'am.

00:29:29You mean yes, ma'am.

00:29:30Now, I'm going to get back and ask you the question I think I asked before.

00:29:34What was the loan for?

00:29:35I broke down in Oklahoma.

00:29:37In what month and year was that?

00:29:39About September of last year.

00:29:41September of 2021 is just about when you started dating Natasha.

00:29:46Correct.

00:29:46Okay, so your car broke down in Oklahoma and?

00:29:49And it had to get fixed.

00:29:52And?

00:29:53So I rode the Greyhound bus back up to Michigan and waited until my car got fixed.

00:30:00It took months.

00:30:02I'm asking you, what was the loan for?

00:30:04To go back down and get my car.

00:30:06So it was $670 that you borrowed from her and I want to know how it was that you got the money.

00:30:12I came in to Julie's house and Natasha said, you're going to Oklahoma to pick up your car.

00:30:19Because I had, I didn't have any money right then and there.

00:30:22But I wasn't going to ask anybody.

00:30:23Just a second.

00:30:24I don't care what you were going to do, what you didn't do, what you thought about doing.

00:30:28You went into the house that the plaintiffs share.

00:30:32Mm-hmm.

00:30:33Not uh-huh.

00:30:33Uh-huh is not an answer.

00:30:35The answer is yes.

00:30:36The lovely Natasha was there.

00:30:38Yes.

00:30:39With Julie.

00:30:39Yes.

00:30:40What did you say and what did Julie say to you?

00:30:43Just Julie.

00:30:44Julie didn't really say anything.

00:30:46She said, don't tell Adam about the money.

00:30:48Oh, so she said she would give you money.

00:30:50Yes.

00:30:51And she knew exactly how much you needed.

00:30:52Yes.

00:30:53Did you tell her that?

00:30:54No.

00:30:54Okay.

00:30:55When she gave you the money, did she give it to you in check or cash?

00:30:58She didn't give me no money.

00:30:59She gave Natasha the money.

00:31:02Okay.

00:31:02How much was it?

00:31:03$700, around there.

00:31:05And after it was given to you by Natasha, but you were all in the same room together.

00:31:10I was not in the house at the time when they were discussing that.

00:31:13Well, you said you went into the house.

00:31:15I came to pick Natasha up.

00:31:18Yes.

00:31:18I don't want you to make yourself appear any more stupid.

00:31:21Do you understand?

00:31:22Yes.

00:31:22Try not to do that.

00:31:23You were in the house with Julie and Natasha at some point.

00:31:27And at some point, money was discussed.

00:31:29No.

00:31:30Was money discussed in front of him?

00:31:31No, it was not.

00:31:32Okay.

00:31:33So your loan was not with him.

00:31:35Do you understand?

00:31:35Yes.

00:31:36Unless he ratifies the loan subsequently.

00:31:39Is that correct?

00:31:40Correct.

00:31:41This is from my person who just studied for the bar, and I have to go back in my mind 50 years.

00:31:46If my memory is correct, if you don't make a loan directly with someone, they cannot be obligated to repay that money.

00:31:55However, if they subsequently get use of that money and subsequently agree to repay you, they have ratified that contract.

00:32:04Correct.

00:32:04You just have to decide if that's a ratification.

00:32:07Yeah.

00:32:08What would be your take on that?

00:32:09Take a look at it very carefully.

00:32:11What would be your take?

00:32:14It was for me.

00:32:15I will pay it.

00:32:17Seems pretty close to textbook ratification.

00:32:20Yeah.

00:32:20I would say so.

00:32:21I start a job on the 14th.

00:32:23I will pay you back out of my first paycheck.

00:32:25I just wanted to keep the peace, because she was down my throat.

00:32:28This woman was down your throat?

00:32:29Yes.

00:32:31She may have been annoyed.

00:32:33Very annoyed.

00:32:34But she wasn't down your throat.

00:32:35She was the one who volunteered to give you money in your time of need.

00:32:39How could she be down your throat?

00:32:40Okay.

00:32:41So, so far, you paid her back $100.

00:32:44Is that what he paid you back?

00:32:45So he owes you $600.

00:32:47Okay.

00:32:47So far, Mr. Snyder, I'm not with you on it.

00:32:50On the rent.

00:32:50Okay.

00:32:51I'm not with you on the lock change fees.

00:32:54I am with you on the phone, which you're going to get back.

00:32:57He's going to get that back within five days.

00:32:59Otherwise, you're going to have difficulty.

00:33:00From the day that he did the phone purchases, instead of paying for the phones up front,

00:33:06he also added a bunch of other cordless phone chargers and everything else to the bill.

00:33:12How much was, how much were the extras?

00:33:14Totally.

00:33:15There's $2,000.

00:33:16No, no, no.

00:33:16I don't want them total.

00:33:17Totally.

00:33:17You're going to get the phone back.

00:33:18What were the extras that he charged onto the phone?

00:33:21There is a $41.99.

00:33:23$41.99.

00:33:26There is a $20.99.

00:33:28Okay.

00:33:29You know that I went to seven years of postgraduate school for this.

00:33:33Keep going.

00:33:33$29.99.

00:33:35Seven years.

00:33:35They were very hard years.

00:33:36I also took the bar exam.

00:33:38Keep going.

00:33:38$29.99.

00:33:40$17.99.

00:33:41Oh, it's getting worse.

00:33:42Not better for you, Mr. Snyder.

00:33:44$11.99.

00:33:45Worse.

00:33:46A lot worse.

00:33:48$122.95.

00:33:50Okay.

00:33:50You have a counterclaim.

00:33:53Yes, ma'am.

00:33:54For what?

00:33:55Working on the farm.

00:33:57Okay.

00:33:57Tell me about that.

00:33:58From when to when did you work on the farm?

00:34:00November to the end of March.

00:34:03And what were you doing between November and March?

00:34:07I was feeding cattle when Adam was on storm, watering them.

00:34:11To March what?

00:34:12The end of March?

00:34:13Yes, right.

00:34:14I thought you worked at a factory.

00:34:16I did both.

00:34:17Well, you can't do both.

00:34:18You work at a factory.

00:34:18I asked you if you had a job.

00:34:19You said I work at a factory.

00:34:21I did do both.

00:34:22Well, now I need the name of the factory and find out what your shift was.

00:34:25I was up.

00:34:27And you worked during the day.

00:34:28Yes.

00:34:29From when to when?

00:34:31Time.

00:34:31From 6 to 6.

00:34:32Well, I had...

00:34:34Just a second.

00:34:34Mr. McCormick, if you work from 6 a.m. to 6 p.m., it is not possible to work a full-time

00:34:39job for the plaintiff as well.

00:34:41I had a schedule of three on, two off.

00:34:44Okay.

00:34:45We're making it up as we're going along.

00:34:50Did you have a financial arrangement with him for putting out these bales of hay?

00:34:54We never did.

00:34:55Although he did get paid for everything he did until the last day that he worked for

00:34:59me, where we were tearing apart a building?

00:35:01That's incorrect.

00:35:02Oh, just don't speak.

00:35:07All rise.

00:35:09Have a seat, please.

00:35:11Hello, Judge.

00:35:12Case 2095, Gonzales v. Gilbert.

00:35:16You're welcome.

00:35:19Mr. Gonzales.

00:35:20Yes, ma'am.

00:35:20You're seeking substantial amount of money to refurbish your car after it was hit by

00:35:27the defendant's car while your car was parked.

00:35:30Yes, ma'am.

00:35:31The defendants are seeking the same amount of money because they say that despite the

00:35:35fact that one of them did, in fact, hit your parked car, it was your fault.

00:35:41That's your defense.

00:35:42Yes, ma'am.

00:35:42Okay.

00:35:43Who was driving?

00:35:44I was driving.

00:35:44Okay.

00:35:45Mr. Gilbert, on what date did this incident happen?

00:35:48February 3rd.

00:35:49What time?

00:35:51About 5, 5.30 in the morning.

00:35:53Who was in the car with you?

00:35:55Nobody.

00:35:56I was by myself.

00:35:57I was going to pick up my son.

00:35:58You were going to pick up your son from where?

00:36:00From his mother's house to take him to school.

00:36:02And where does he go to school that he has to be there at 5.30 in the morning?

00:36:06He doesn't have to be there at 5.30.

00:36:07I have to leave at 5.30 to get him there by 7.

00:36:09Do you take him to school every day?

00:36:11No.

00:36:12What was different about February 3rd?

00:36:14His mother, stepfather, and the rest of their family was out of town.

00:36:18And they had asked me to take him to school that day.

00:36:20Just for that one day?

00:36:21Yep.

00:36:22Yep is not an answer.

00:36:23Oh, yes, ma'am.

00:36:24Yes, ma'am.

00:36:25Okay, so it's about 5.30 in the morning, and?

00:36:27I left my house.

00:36:29It was raining.

00:36:30It was cold.

00:36:31It's pretty much the same route I take every day, not at that same time.

00:36:34I was approaching a stop sign at an intersection by the plaintiff's house, and I seen, I guess,

00:36:40either a reflection or what I thought were lights headed in my direction, so I swerved.

00:36:45Okay, you're still traveling, so you're moving.

00:36:47Does somebody have a diagram of where this happened?

00:36:51There it is.

00:36:52Okay.

00:36:53You were approaching a stop sign.

00:36:55Yeah, I was approaching an intersection.

00:36:57So, right on...

00:36:58Were you there?

00:37:00No, ma'am.

00:37:01Sit down.

00:37:01Yes, ma'am.

00:37:04You were approaching an intersection.

00:37:07Yeah.

00:37:07It's a two-way road.

00:37:09Yeah.

00:37:09And it looks to me from that, is that an accurate representation?

00:37:13Yeah, except for there was another vehicle on the other side of the road.

00:37:16Okay, but it looks to me that you're traveling sort of in the middle of the road.

00:37:19Yeah.

00:37:20Okay, and a car is coming from something.

00:37:23You're not sure what.

00:37:24Yeah, I wasn't sure what.

00:37:25You were not sure what.

00:37:26And I swerved.

00:37:27I just got over to the proper side of the road.

00:37:29And your car swerved, and when your car swerved, it hit that blue car that's sitting there,

00:37:36that's the plaintiff's car that was sitting in front of his house.

00:37:39Mm-hmm.

00:37:39Uh-huh.

00:37:40It's not an answer.

00:37:41Yes.

00:37:42Okay.

00:37:43Now, do you want to tell me what you did next?

00:37:47I went through the intersection, turned around to follow what I thought might have been a vehicle

00:37:51headed my direction, and when I didn't see a vehicle, I took my vehicle home, I parked it,

00:37:55I got my insurance information, my driver's license, and I walked back to his house to

00:38:00trade insurance information with him.

00:38:01Okay.

00:38:02You have a video of this incident?

00:38:04Yes, ma'am.

00:38:05From where?

00:38:06From my surveillance camera.

00:38:07Is it set up for me to watch it here?

00:38:10Yes, ma'am.

00:38:10Yes, it is.

00:38:11Okay.

00:38:11I'm ready.

00:38:13That's your car, sir?

00:38:14Yes.

00:38:16Okay.

00:38:16Let's see that again.

00:38:19Now, that's how the truck is covered.

00:38:21Okay.

00:38:21So you hit the plaintiff's car hard enough to push it up on the curb.

00:38:26Speed limit's 30 miles an hour.

00:38:27I've just asked you a question.

00:38:29Yes, ma'am.

00:38:29It looks as if you hit it hard enough to push it up on the curb.

00:38:33Yes, I did.

00:38:33But you told me a moment ago, Mr. Gilbert, and you just piped in that the speed limit

00:38:38there is 30 miles an hour.

00:38:40You said you were slowing down for a stop sign.

00:38:43I said I was approaching a stop sign.

00:38:44Well, when you're approaching a stop sign, you don't approach a stop sign at 30 miles an

00:38:48hour, especially if it's in a neighborhood that you've been in.

00:38:51But according to you, you drive that neighborhood regularly.

00:38:55Yep.

00:38:55However, not at that time.

00:38:57That's what you said.

00:38:58Yes, ma'am.

00:38:59So if you are approaching a stop sign, when I approach a stop sign, and if I know there's

00:39:04a stop sign there, I start applying my brakes a little bit before.

00:39:08Now I do drive with some people who sort of like to play chicky with a stop sign, you know?

00:39:15Maybe the stop sign is going to move.

00:39:17Maybe it's going to become a welcome out.

00:39:18So they wait until they get right up to it and put their brakes on.

00:39:23But that's not what you told me you did.

00:39:25No, ma'am.

00:39:26Okay, so now I'm going to say, if you were going very slowly, sir, approaching a stop

00:39:31sign, you wouldn't have hit his car with such force that you'd push him up on the curb.

00:39:36Okay.

00:39:37Your defense is to this action, as I said, that he was parked and he had this car that

00:39:44was covered.

00:39:45And it was parked.

00:39:47The wrong.

00:39:47Facing the wrong direction, which is totally irrelevant as to was facing the wrong direction.

00:39:54Texas state law.

00:39:54It was on.

00:39:56It covered over, so you don't know which direction it was facing.

00:39:59And certainly the light wasn't on it.

00:40:01If you're staying.

00:40:03I've passed, like, I've passed this.

00:40:05I didn't ask you for anything.

00:40:06You weren't there.

00:40:08Yes, ma'am.

00:40:08You weren't there.

00:40:09Yes, ma'am.

00:40:10She lives in the neighborhood.

00:40:11She drives by it every day.

00:40:12Just a second.

00:40:13What do I need that for?

00:40:15I have a video.

00:40:16Okay.

00:40:16I have a video.

00:40:17Can you see the stop sign in the video?

00:40:18No.

00:40:19You have no idea how close I was.

00:40:21You just told me you were approaching a stop sign.

00:40:26Yeah.

00:40:26There is a stop sign.

00:40:27There is a stop sign.

00:40:28Would you read that back to me?

00:40:29I was approaching a stop sign.

00:40:32Does he say I slowed down I was approaching a stop sign?

00:40:35I don't remember.

00:40:36It's about time.

00:40:37I didn't say.

00:40:37I did not say.

00:40:38Now you can leave.

00:40:39I did not say I was slowing down.

00:40:40Now you can leave.

00:40:46I did not say I was slowing down.

00:40:47I said I was approaching a stop sign.

00:40:49Okay.

00:40:49That's what I thought.

00:40:50But that's why we have Whitney.

00:40:52He says he was approaching a stop sign at an intersection by the plaintiff's house.

00:40:56And I can see either a reflection or what I see lights headed in my direction.

00:41:00So I swerve.

00:41:01I would like to see that video again.

00:41:04One more time.

00:41:05I would like to see if I see something coming towards you.

00:41:08Well, actually, I don't see another vehicle coming towards you.

00:41:12Is that a truck parked there?

00:41:13It's a food truck behind it.

00:41:15It's like catty corner to his vehicle.

00:41:17There's a food trailer there that had all of the light, like right.

00:41:20A food truck on the other side of the street.

00:41:22Yes, ma'am.

00:41:22A food truck that you could see, but that's parked.

00:41:25Well, I assume since there was no actual lights coming, I assume maybe that's what reflected,

00:41:31light reflected off of.

00:41:32You don't assume anything.

00:41:33All you know is you saw something that made you swerve.

00:41:36Yes, ma'am.

00:41:36Whether it was there or not there.

00:41:38So am I getting the fact that your total defense is based on the fact that his car

00:41:43shouldn't have been parked there?

00:41:44Yes, ma'am.

00:41:45Or covered.

00:41:46Yeah, well, but that's a finable offense, Mr. Gilbert.

00:41:49That's a finable offense.

00:41:50Finable if it doesn't cause an accident.

00:41:52No, I don't think it caused the accident.

00:41:53You caused the accident.

00:41:55I didn't cause the accident.

00:41:57This is an inert object.

00:41:58According to my HOA guidelines, that vehicle is supposed to be in his garage.

00:42:02According to Texas state law, it's not supposed to be on the road.

00:42:05And I'm going to tell you, I absolutely agree with you that that's a finable offense.

00:42:11If his car is parked.

00:42:12So he's, he's.

00:42:13You're trying to interrupt me.

00:42:15Okay.

00:42:16That it's a finable offense.

00:42:18The question is, is his car being parked illegally the proximate cause of this accident?

00:42:28That's the question.

00:42:29You're damn right it is.

00:42:31I didn't ask you a question unless you went to law school.

00:42:34Huh?

00:42:34No, ma'am.

00:42:34Unless you went to law school.

00:42:36Am I in the realm?

00:42:37You're closer than that, you know, was Palsgraf versus Long Island Railroad.

00:42:41His car may have been parked in the wrong spot.

00:42:45If you had somebody that left a baby carriage with a baby on the street, which is certainly

00:42:53against the law and would be a neglectful act on the part of the parent.

00:42:58And if you happen to swerve up to avoid something and hit that baby carriage, you can't say that

00:43:05baby carriage is the cause of the accident.

00:43:08You're the cause of the accident.

00:43:09No, the owner of the baby carriage is.

00:43:12No, you are.

00:43:13No, they are.

00:43:15How am I responsible for their baby carriage?

00:43:17Because your car is moving, sir.

00:43:19And if you're approaching a stop sign, you're not supposed to be going-

00:43:22If the vehicle wasn't covered, you could see the reflectors that are on it.

00:43:25That's what they're there for.

00:43:27Reflectors on what?

00:43:29Reflectors on the truck that's covered.

00:43:31They have headlights, turn signals, everything that's reflective that you could see.

00:43:35There was no reflectors or signals for me to see to know it was there.

00:43:38You would have hit it whether it was covered or not.

00:43:41Of course.

00:43:43Very good.

00:43:44May I please see the-

00:43:45That's for it.

00:43:46I wouldn't have hit it if could I see it.

00:43:48Kevin, I want to see what he's got as far as work for the car.

00:43:52Okay, so this is clearly a project car, sir.

00:43:59Yes, ma'am.

00:43:59Yes, please.

00:44:00Don't run.

00:44:01Get him out of here.

00:44:02Let's go.

00:44:03He's done.

00:44:04I swear.

00:44:04He's done.

00:44:05Okay.

00:44:06Thank you, Lord.

00:44:07Oh, that makes my life so much easier.

00:44:11And later today.

00:44:14You know, you wanted to go.

00:44:15There was no reason why you couldn't.

00:44:17That's why you drive a motorcycle, because you can get into tight places and you can go.

00:44:21What?

00:44:22You look like an intelligent young woman.

00:44:24Thank you, Your Honor.

00:44:25Don't take chances.

00:44:26That was a chance.

00:44:28It could have been a lot worse.

00:44:29A counterclaim is for damages to their car and for harassment.

00:44:37Well, since neither one of them can keep control of themselves, the counterclaim is dismissed.

00:44:42I'm looking at this truck, Mr. Gonzalez.

00:44:45When did you purchase it, sir, and from whom?

00:44:48In October of last year.

00:44:51I purchased it online.

00:44:52Do you have the bill of sale from when you purchased it?

00:44:54I don't have the bill of sale, but on the paperwork, I have the post on Facebook.

00:44:58I don't know how much I paid for it.

00:44:59It was for $8,000.

00:45:00Okay.

00:45:01I also have an appraisal on there as well.

00:45:03I see the appraisal, but I don't have what it's going to take to fix the spot where he damaged the car.

00:45:08He damaged the car in this whole side end.

00:45:11Yes.

00:45:11I mean, he's not going to give you a classic car.

00:45:14Well, I know.

00:45:14That's not going to happen.

00:45:15I know.

00:45:16Okay.

00:45:16That's not going to happen.

00:45:17And certainly, you do understand that I'm not awarding you anything close, even though they're two obnoxious people,

00:45:25anything close to $10,000.

00:45:26You do understand that, Mr. Gonzalez.

00:45:28You're going to have to get this car fixed right now.

00:45:31I'm looking.

00:45:32Where is an invoice for either the work you had done or an estimate to fix that part of the car that he injured?

00:45:40I cannot give that to you because the vehicle is a classic.

00:45:44It's very hard to find that type of vehicle.

00:45:46Well, then what you're asking me is to guess.

00:45:49Well, I can give you the rates as far as how much I'm going to have.

00:45:52You can't give me anything.

00:45:54Okay.

00:45:54You have to take the car in to somebody who deals with classic cars.

00:45:58This is a 70-year-old truck, and it's certainly beat up.

00:46:03You had it covered for a long time.

00:46:05It shouldn't have been on the street.

00:46:06You do know that.

00:46:07And I assume that since it's not driven, you didn't have it insured.

00:46:11Well, I took it out for Halloween, you know, just for the kids.

00:46:14Well, I mean, where do you suggest that I conjure up a figure of $10,000 when you have a car that's a year old that has never been driven that you take out and it's a Halloween ornament?

00:46:26So let me explain this to you.

00:46:28I have to guess at a figure.

00:46:30I would be prepared to award you $2,000 to fix your car because I did see that it had to be damaged as a result of the damage to the defendant's car.

00:46:39If you feel as if you would fare better in your local small claims court where this case came from, because I have dismissed their counterclaim, I will dismiss your case without prejudice and you can take it back to the lower court.

00:46:53Take your choice.

00:46:54I'll go ahead and take it from you.

00:46:55I know I'm not going to get anything from them.

00:46:57Very good.

00:46:58Judgment for the plaintiff in the amount of $2,000.

00:47:01Counterclaims dismissed.

00:47:03Fix your car.

00:47:04This court is adjourned.

00:47:05Well, I didn't agree on the price, but with them kind of people, I'm not going to get my money back.

00:47:11Nah, just trying to get it repaired.

00:47:12I think you have to be a certain kind of person to not take any accountability when you hit a stationary object.

00:47:20I'll admit, I think that it was probably a 90%, 10% split, 10% plaintiff's fault for parking on the street.

00:47:27I looked up the section code in Texas and did find that if you leave a car longer than five days on the street, you're in violation of a code.

00:47:34But like you tried to explain to the very hot-headed defendant, that's a finable offense.

00:47:39That doesn't mean you can ram into it with your vehicle and not be at fault.

00:47:43I just don't know how you take zero accountability after hitting a stationary object.

00:47:48I don't know either, but that's, I think, a problem with a country that's grown up in the last 50 years, that it's never your fault.

00:47:57It's always somebody else.

00:47:58It's the state's fault.

00:47:59It's the city's fault.

00:48:00It's somebody else's fault.

00:48:01And it's sad because I know there was lots of acrimony between the two of them without it.

00:48:08But they were hotheads.

00:48:09Is this the first time you ever saw me send somebody out?

00:48:11Long time.

00:48:12Long time since I've seen it.

00:48:14But when they're clearly not getting the message and they're being hostile, that's not the proper way to come to court.

00:48:19Especially when you're in the wrong.

00:48:21All right.

00:48:21But they have to live near each other.

00:48:23I hope that they sort of get it together.

00:48:25Just keep your fingers crossed.

00:48:26Case 2067, Garcia v. Taron.

00:48:30All parties, please step forward.

00:48:32Omari Garcia is suing fellow motorist April Taron for damages from a motorcycle accident.

00:48:39This is a case that's about an automobile motorcycle collision.

00:48:43Each one of you claims that the other is responsible for the collision.

00:48:47Ms. Garcia, you were riding the motorcycle?

00:48:50Yes, ma'am.

00:48:50And you were in your car?

00:48:52Yes.

00:48:52Okay.

00:48:53And this happened on what date?

00:48:54March 21st, 2022, around 3 p.m.

00:48:58In what state?

00:48:59California.

00:49:00In the state of California, are you required to have insurance on a motorcycle?

00:49:05Yes, Your Honor.

00:49:05Just liability?

00:49:07Liability if it's paid for in full, correct.

00:49:09Yes, Your Honor.

00:49:09And were you insured on that date?

00:49:12Yes, Your Honor.

00:49:12And you were driving a car?

00:49:14Yes.

00:49:14And was your car insured on March 21st, 2022?

00:49:19Not at the time.

00:49:20So the answer is no?

00:49:21No.

00:49:22Did you have a valid driver's license on March 21st, 2022?

00:49:26Yes.

00:49:27From what state?

00:49:28California.

00:49:29What kind of car were you driving?

00:49:30A 2011 Nissan Sentra.

00:49:33Was it a new car for you or did you have it for a while?

00:49:36It's a new car.

00:49:37I purchased it three weeks prior to the incident.

00:49:40And if you bought it three weeks before, how come you didn't have liability insurance?

00:49:44I was looking for insurance.

00:49:47And plus, at the time, I hadn't received my paperwork.

00:49:51It was still in the other person's name at the used car dealership that I bought it from.

00:49:56Your Honor, you know you're not supposed to be driving a car, Ms. Tarrant, without insurance.

00:50:00Yes, I'm aware of that.

00:50:01Okay.

00:50:02You wanted to say something?

00:50:03Yes, Your Honor.

00:50:04I have proof that April Tarrant purchased her vehicle February 8th, 2022.

00:50:09She drove uninsured for 41 days.

00:50:11And it was not from a lot.

00:50:13It was from someone off the street.

00:50:15I have the proof for that.

00:50:16I'd like to see it.

00:50:17Yes.

00:50:23For $2,050.

00:50:24Well, this car that you registered, the selling price was $2,050, according to this.

00:50:33No, it wasn't.

00:50:34Well, I'm going to show you vehicle and transfer law.

00:50:37This is 2011 Sentra.

00:50:39And it was signed, but it's LLC.

00:50:42That's his company.

00:50:43Okay.

00:50:44So it wasn't off the street, but it said the selling price was $2,000.

00:50:48That's what this says.

00:50:49I don't have my paperwork in my car.

00:50:51I want to show this to her.

00:50:54I just want to get some basic facts first, and then I'm going to go to the incident.

00:51:00But that's to...

00:51:02No, no.

00:51:03The person, the seller...

00:51:05You know, I have my paperwork in my car.

00:51:07Yeah.

00:51:08But you understand that that's what it's...

00:51:09I understand what you said because it's right there.

00:51:11That's...

00:51:12Yes.

00:51:12Okay.

00:51:13We have a diagram.

00:51:14This happened on March 21st, 3 o'clock in the afternoon.

00:51:17You had no insurance, and you were traveling in the bike lane.

00:51:23No, that is not true.

00:51:24I shared the lane of the car in the right.

00:51:27I would never go into a bike lane.

00:51:28That is disrespectful to the road and riders.

00:51:30Just a second.

00:51:31Are you allowed to share a lane with a car and a motorcycle?

00:51:33That is your right, yes.

00:51:35I know Foothill.

00:51:36Is that where you were?

00:51:37Yes, Your Honor.

00:51:38And at a certain time during the day, Foothill becomes very trafficked.

00:51:41Yes.

00:51:42And the cars sometimes get stopped because there's a light, right?

00:51:46Yes, Your Honor.

00:51:47Go over to there, Ms. Garcia, and show me, please,

00:51:52where you were positioned before you say that you were traveling in the same lane as a car.

00:52:04Your Honor, I was directly behind this car.

00:52:06Okay.

00:52:06Directly behind the car.

00:52:07You were directly behind that car.

00:52:09Yes.

00:52:10And that car was stopped.

00:52:11They were slowing to a stop.

00:52:13No, they were stopped because they had to have been stopped because that's why you went around him.

00:52:18They were slowing to a stop.

00:52:20By the time I got around here, they were stopped.

00:52:22I didn't want to rear into here.

00:52:24I was slowing down.

00:52:25I was around 25 miles per hour.

00:52:27This lane at the time was too close.

00:52:29So I shared this lane on this side.

00:52:31Ms. Garcia, I got it, Ms. Garcia.

00:52:34You want me to appreciate the fact that you wanted to get around the stopped car

00:52:39and you wanted to continue to go straight, correct?

00:52:42You weren't turning.

00:52:43You wanted to go straight.

00:52:45I was going straight, correct.

00:52:46And so you want me to picture in this tiny mind of mine that instead of going into a perfectly

00:52:54clear bike lane, you inched your way at 25 miles an hour in the same lane as a stopped car.

00:53:01Yes.

00:53:01This diagram...

00:53:02You know, I find that hard to believe, Ms. Garcia.

00:53:04I really find that hard to believe.

00:53:06You may be in the right with regard to this, but I find it hard to believe.

00:53:09The roads are very wide.

00:53:11I have the actual police photo document of that.

00:53:13I'd like to see it.

00:53:14Yes, Your Honor.

00:53:21Right here.

00:53:22And I'd like to see the police report as well.

00:53:24Is there a police report?

00:53:24It's attached to this.

00:53:25Fine.

00:53:29Because as you were traveling straight, the defendant was making a left turn.

00:53:33She was making a left turn because the two cars there were stopped, and those were the

00:53:37only two traffic lanes there.

00:53:40Now, I don't know whether she could see, whether it's a motorcycle or a bicycle traveling in

00:53:43the bike lane, but what happened was she was making a left turn.

00:53:47According to this, you went into her passenger side.

00:53:49Is that correct?

00:53:50Yes, Your Honor.

00:53:54So where is the motorcycle now?

00:53:57I know Longer Habit, the towing company, they sold it.

00:54:00What are you driving around in now?

00:54:021995, Chevy Baville.

00:54:05Atta girl.

00:54:10Carl and Renee are countersuing for property damage and loss of income.

00:54:15Okay, was it coming from the apartment above you?

00:54:18No, it was not.

00:54:18Where was it coming from?

00:54:19Apparently it was a broken plumbing pipe from the front spigot leaked underneath the house

00:54:25and came up through the subfloor.

00:54:27So there was a broken internal pipe, as far as you know.

00:54:31Now, your husband's in the construction business, he says.

00:54:34So when the flood happened, did you try to find the source of the flood?

00:54:39I wasn't home, Your Honor.

00:54:40Where were you?

00:54:41I was at work.

00:54:42Well, eventually, did you come home?

00:54:44Yeah, I came home that evening real quick.

00:54:45Well, that evening.

00:54:46Did you try to find where the leak came from?

00:54:48I had to get back to work.

00:54:50They were, she was dealing with the cleanup.

00:54:52The water was turned off.

00:54:53And they were sending a plumber or something.

00:54:55Okay.

00:54:56So Monica said she would take care of it, so.

00:54:58So they turned off the water, which is perfectly reasonable, because the water is coming from

00:55:03an internal pipe that burst, right?

00:55:06And then what happened?

00:55:07I'm still trying to figure out why.

00:55:08I didn't turn off the water until after I got home, I walked in.

00:55:12So I called Monica and I said, oh my God, there's water everywhere in the house.

00:55:16What's going on?

00:55:17She didn't know what was going on.

00:55:18So we were trying to figure out where to turn the water off at.

00:55:21Okay.

00:55:22So that's when the water got turned off.

00:55:23100% understand you.

00:55:26Got it.

00:55:26Came home.

00:55:27You found water.

00:55:27Trying to find where it comes from.

00:55:29Finally turned off the water.

00:55:31I'm still trying to figure out if you lived there in July, why weren't you paying rent?

00:55:35We were behind on rent because I was working and he was trying to get his job situated

00:55:40down in Boise or wherever he could get contracts with his injuries.

00:55:44So what you're telling me, that you didn't pay rent in July because you didn't have the money.

00:55:49No, we did not have the money.

00:55:50Well, that's what I'm asking you.

00:55:51So other than the fact that you didn't have money, there was no reason why you didn't pay rent.

00:55:56We were making payments whenever we could.

00:55:59You paid no payment in July.

00:56:00That was fine for Shauna.

00:56:01You made no payment in July.

00:56:03No.

00:56:03In June, you did.

00:56:04In June, we did.

00:56:05In July, we did not.

00:56:05In June, you did not.

00:56:06Listen.

00:56:07And as long as I was still working for them, that was fine when we were making payments to them.

00:56:11Just a second.

00:56:12You made no payments in July and you made no payments in August.

00:56:15You had made payments in April, May, and June.

00:56:19I wasn't going to pay for August when we had a flood.

00:56:19I'm just telling you.

00:56:21Yes.

00:56:22I'm asking you a question.

00:56:23Is the reason you didn't pay your rent because you didn't have any money?

00:56:26Yes, Your Honor.

00:56:27Okay.

00:56:28Then you owe him the rent.

00:56:29$2,400.

00:56:30You lived there.

00:56:32You ate the stake.

00:56:33Wait a minute.

00:56:33I'm not speaking to you.

00:56:35Listen, you're a tag along on this whole thing.

00:56:37You understand that?

00:56:38I think these people were very nice to you.

00:56:40I probably wouldn't have been as nice.

00:56:44The house flooded.

00:56:45That's why I couldn't pay the rent.

00:56:46I have all the pictures right here.

00:56:48It shut my business down.

00:56:49It shut my business down.

00:56:50That house flooded.

00:56:51It ruined his briefcase.

00:56:52My plans were ruined.

00:56:53My computers.

00:56:54There was two inches of water at 1,800 square feet of flood.

00:56:57Yeah.

00:56:57Monica says she's going to come over.

00:56:59Don't worry.

00:56:59Mr. Antonelli, you can't talk over me, sir.

00:57:02Apologies.

00:57:03You can't talk over me.

00:57:05I'm older than you are, and I've lived in many apartments.

00:57:09And believe me, I have been the cause of a flood, and I have been the recipient of floods

00:57:14from people around me.

00:57:16Usually, it's an accident.

00:57:18It usually is not an on-purpose.

00:57:20Very few people turn on their bathtub and say, I'm going to let this bathtub overflow into

00:57:26my bottom neighbor's house.

00:57:28It's usually as a result of a broken pipe, which nobody can see, or an air conditioner

00:57:33plugs up, and the pan overflows, and the, whatever they call it, the little water bug

00:57:39signal doesn't go blank, blank, so you don't even know that it's going off, and there's

00:57:44a flood.

00:57:44That's not somebody's fault.

00:57:46So now you have a flood that is nobody's fault, not yours, because you're the tenant's.

00:57:52So clearly, it wasn't your fault.

00:57:54Not something that they anticipated, not something that they were derelict in taking

00:57:57care of.

00:57:58So now, what did they do once the initial mess was cleaned up?

00:58:05How did they fix it?

00:58:06Did they fix the pipe?

00:58:08We don't know.

00:58:08They never told us.

00:58:09I mean, they said that a plumber came to the house.

00:58:12He left a hole in the ceiling, which I have a picture of.

00:58:16Just a second.

00:58:16You lived there the whole month of July and into August.

00:58:19Did you have water?

00:58:21Just answer my question.

00:58:22You lived there the whole month of July after this happened, and the majority of August.

00:58:28Did it flood again?

00:58:30No, because we...

00:58:31Not a because.

00:58:32It didn't flood again.

00:58:34And what did the plaintiff do to remediate that?

00:58:39Did they put in fans and blowers?

00:58:41They put in one fan, and then she finally brought five more over.

00:58:44So I had six fans in an 1,800-square-foot house and one window that opened, and we lived

00:58:49in the basement.

00:58:49So they put in fans.

00:58:51You said they had put in one, and then they brought them...

00:58:53She brought them, and I plugged them in and brought them and put them on and put them

00:58:56in the bedrooms, in the hallway, in the kitchen, living room.

00:58:59I have a feeling that you're a victim in more ways than one.

00:59:02That's what you're supposed to do.

00:59:04You're living there.

00:59:05They sent them over.

00:59:06You plugged them into the wall.

00:59:07That's what you're telling me?

00:59:08And there's also a mold problem there.

00:59:10$2,400.

00:59:11You owe them two months' rent and the bathtub.

00:59:14Let's go for next.

00:59:15What damages to the duplex, Ms. Hellermann?

00:59:18We had some drywall damages, a lot of garbage, debris, large dump run.

00:59:23Yeah, I'm not interested in that.

00:59:24Couch.

00:59:24$2,400 and the bathtub.

00:59:27Now I'm going to get to your counterclaim.

00:59:29Money owed for loss of income, damage to a motorcycle, wrongful eviction.

00:59:34Well, you didn't pay your rent, so the wrongful eviction is out.

00:59:37Defamation.

00:59:38What's the defamation?

00:59:39So Monica sent me a text when I quit working for her, and it said, thanks for dropping off the keys.

00:59:45I said, you're welcome.

00:59:46She goes, really?

00:59:47Thank you for giving me one day notice.

00:59:48No good deed, dot, dot, dot.

00:59:50Goes unpunished.

00:59:51And three days later, we get an eviction notice on her door.

00:59:54I want to know what the defamation is.

00:59:56What's the defamation?

00:59:58Nothing.

00:59:58Cross-hack defamation.

01:00:00Damage to my motorcycle.

01:00:01Yeah, they laid gravel down in the driveway without notification, and you can't ride a 900-pound Harley through gravel.

01:00:08So his bike went down.

01:00:09$2,400.

01:00:10Judgment for the plaintiff.

01:00:11Counterclaims dismissed.

01:00:12We're done here.

01:00:13And she's absolutely right.

01:00:14No good deed goes unpunished.

01:00:16This court is adjourned.

01:00:18She definitely got to the bottom of their character.

01:00:21That house was a death trap.

01:00:22We received a text with pictures of small puddles throughout the home on a concrete slab.

01:00:27She didn't want to plumb the tub in.

01:00:28She said, we have it.

01:00:29If we want to use it, if not, she's going to get rid of it.

01:00:31She's going to throw away, take it to the dump.

01:00:32I didn't ever tell them they could have the tub.

01:00:34I told them I was not going to install it at that time, and that I had already arranged to have the tub removed.

01:00:41I was going to store it.

01:00:42You know, I think what bothers me more than anything else about cases like that is that those were two nice people.

01:00:49The plaintiffs were two nice people.

01:00:51Sure.

01:00:51And they actually took a chance.

01:00:55They had an employee who was there for a year.

01:00:58Now she's got a husband who was recently released from whatever kind of prison he was in.

01:01:03But they welcomed him.

01:01:05They took him to dinner.

01:01:06They needed a new place to live.

01:01:07And then they leave the place a mess.

01:01:09They give them no notice.

01:01:10They just drop the keys, and we're leaving.

01:01:13And don't pay rent for two months.

01:01:15And took property that he knew was valuable because they moved back to their motorhome.

01:01:20So they didn't need a clawed bathtub, which are expensive.

01:01:24But they pay for that storage.

01:01:25But they pay for the storage in order to keep it.

01:01:27So the plaintiff was right.

01:01:29Go and see us for overpayment of wages, bookkeeping fees, and loss of business income.

01:01:36Court come to order.

01:01:37All rise.

01:01:38Have a seat, please.

01:01:40Hello, Judge.

01:01:42Case number 3048.

01:01:43McCarthy fought versus Acinas.

01:01:46Mr. McCarthy.

01:01:48Miss McCarthy.

01:01:49Do you run the business together?

01:01:51Are you related to each other?

01:01:52Yes.

01:01:52Husband and wife.

01:01:53Okay.

01:01:54What kind of business do you have?

01:01:56It's a production design and set construction company.

01:01:59You build sets.

01:01:59Where is it located?

01:02:01Van Nuys.

01:02:02In California?

01:02:03In California, yes.

01:02:04How long have you owned the business?

01:02:06About seven years.

01:02:07Tell me when you hired Mr. Encinas.

01:02:10We originally hired him in January of 2022.

01:02:15To do what?

01:02:16Welding and fabrication.

01:02:17Did you have experience in that, Mr. Encinas?

01:02:19Oh, yeah.

01:02:1925 years.

01:02:21How much were you paid when you were originally hired?

01:02:23$39.75 hourly and promised to be in the union.

01:02:28$39.75 hourly.

01:02:30Mm-hmm.

01:02:30Did you get paid once a week?

01:02:32Once a week, every Wednesday.

01:02:33By check or cash?

01:02:35Direct deposit.

01:02:36Is that correct?

01:02:37I believe it was $39.50, but yes, the rest is...

01:02:39Direct deposit.

01:02:41Yes.

01:02:41This is what your case is about.

01:02:42At some point, you determined that you had overpaid Mr. Encinas.

01:02:48When did you discover that you were overpaying Mr. Encinas?

01:02:51We discovered the error on September 22, 2022.

01:02:56And had you been consistently overpaying him since January?

01:03:01No.

01:03:01So it's a little bit complicated.

01:03:02We have two companies.

01:03:03One is union.

01:03:04One is not.

01:03:04In April of 22, we hired him with our non-union company to perform a different non-union job.

01:03:11And that is when the error occurred with that company and that payroll company.

01:03:14He was entered into the system incorrectly by my bookkeeper, who's here as our witness today.

01:03:19Okay.

01:03:20It was still direct deposit.

01:03:21Correct, yes.

01:03:22The net that was deposited into his check when he was working in the union shop was how much?

01:03:29I would estimate $1,800 to $2,000.

01:03:33Well, don't estimate.

01:03:33That's what we're doing here.

01:03:35I don't have an exact figure of how much he netted every week.

01:03:38It was different every week on every job.

01:03:40Because he worked different hours.

01:03:42Different hours.

01:03:43So he worked different hours.

01:03:44So the direct deposit was different for each time.

01:03:48Sure.

01:03:48So there was really no way, there were no flashing red lights that would say to Mr. Encinas, this pay stub is wrong.

01:04:00You know, this deposit was wrong.

01:04:02Because it wasn't a consistent amount that went in every Wednesday.

01:04:07It was, according to you, a different amount depending upon how many hours worked.

01:04:11He wasn't given a physical check.

01:04:13Money was put into the bank by a direct deposit.

01:04:18That's what you said.

01:04:19That's correct.

01:04:20Okay.

01:04:20But if I may, it would be anywhere from $1,700 to $2,000.

01:04:25The first overpayment, he netted $4,645.

01:04:30Like, it's quite a jump in pay.

01:04:32Like, that should have been...

01:04:33Just, just, just, just...

01:04:35Yes, quite a difference.

01:04:36Quite a difference.

01:04:37But that was going from one job to another.

01:04:40From one company to another.

01:04:42From a union job to a non-union company.

01:04:45Same age.

01:04:46Well, whatever.

01:04:47Okay.

01:04:48And so what you're suing for, you're suing for the overage that you paid him.

01:04:53Yes.

01:04:53And there came a time when you discussed the overage with him.

01:04:57And what did he say when you told him that he was overpaid?

01:05:00And when did you tell him that he was overpaid?

01:05:02We told him September, the day we discovered the error, September 22nd.

01:05:06And it was very amicable at first.

01:05:08We apologized for the error.

01:05:10We wanted to work out a payment plan with him.

01:05:12And he agreed.

01:05:13He said, I get it.

01:05:14I would love to do a payment plan.

01:05:15And I believed him because we had a good working relationship.

01:05:19And did you, in fact, draw up a payment plan that you both signed?

01:05:23No, I did not.

01:05:24Okay.

01:05:24Unusual case for me.

01:05:25I really am unfamiliar with the law on overpayment.

01:05:30Sarah, could you look up for me the California law on when an employee is overpaid by an employer?

01:05:41How do they and can they recoup it?

01:05:43Sure.

01:05:43So it's California Labor Code 221.

01:05:46The statute describes that employers are forbidden from taking back any wages that have already been paid to employees unless there's a stipulation that the employee can agree in writing to the deduction by the employer.

01:06:01So if an employee consents to a set-off or a wage deduction for any reason, including overpayment by an employer, then the employer can make it so long as it does not bring the worker below the minimum wage or the deduction does not impact the worker's final wages.

01:06:18But it has to be in a writing.

01:06:19Okay.

01:06:19So you don't have a writing?

01:06:20Well, we have it in email where he did agree to a payment plan.

01:06:26We never formally, I didn't have my attorney draft up a formal agreement, no.

01:06:30You don't have an agreement, one that he agreed to, but you started taking money out of his pay, correct?

01:06:37With his knowledge, a small percentage.

01:06:39I don't think it doesn't matter.

01:06:40You started taking money out of his pay when?

01:06:43He was working for us at the time when we caught the error.

01:06:46No, in September.

01:06:47September, the third week of September.

01:06:49And at that time, how much do you allege that he was overpaid?

01:06:53$6,595.41.

01:06:57And what did you start to take out of his pay?

01:07:00It was $276 that first time.

01:07:04Where did you come up with that number?

01:07:05I would have to refer to my bookkeeper, Danny.

01:07:08I don't exactly remember.

01:07:10It says seven hours, less seven hours.

01:07:12That wasn't his full paycheck.

01:07:14It was a small percentage of what he was making that week.

01:07:17You're the bookkeeper?

01:07:18Yes, ma'am.

01:07:19Could you stand up for one moment?

01:07:22What is your name?

01:07:23Danny White.

01:07:23Mr. White, the first time that you gave Mr. Encinas a direct deposit for less than his pay,

01:07:31how much was the direct deposit for?

01:07:35I don't have the total amount of what it was for.

01:07:37He would have been making around $1,800, and I took $296.

01:07:42With his knowledge, we informed him, obviously.

01:07:44I don't care what you informed him about.

01:07:47You understood what the law is.

01:07:48I'm sure that you must have spoken to an attorney also.

01:07:51Did you not?

01:07:52I don't believe me, no.

01:07:54Well, you should have, because where you live,

01:07:56you can't just take money out of somebody's salary if you overpay them.

01:08:00How many deductions did you make from his pay before he left?

01:08:04Two.

01:08:04And then he left?

01:08:05The job ended.

01:08:07Well, he had been working for you for a while,

01:08:08so the job ended, did you fire him?

01:08:13The job was over and so was he.

01:08:15Correct.

01:08:16So he didn't leave you.

01:08:18According to what you just told me, he didn't leave you.

01:08:21You said goodbye, the job's over.

01:08:23And later today...

01:08:24Without permission, you got into somebody else's golf cart and moved it.

01:08:28And within 10 minutes, his car is damaged.

01:08:30After a golf cart rolled into his vehicle...

01:08:36Is that the theory of your case?

01:08:38That's correct, yes, ma'am.

01:08:39The golf carts were actually in the garage.

01:08:42I had parked parallel to the garage.

01:08:44So when the cart rolled, it rolled out of the garage and into the side of my car.

01:08:49Okay.

01:08:50And you, Mr. McMurray, don't deny the fact that you moved somebody else's golf cart.

01:08:55That's correct.

01:08:56And you don't deny that that golf cart that you moved caused the damage to his car.

01:09:03When I got back to the scene, the cart had hit the car.

01:09:07So those are acknowledged facts.

01:09:09You moved the golf cart.

01:09:11As far as we know, you were the last person that touched that golf cart.

01:09:15That golf cart caused this damage.

01:09:18And he wants you to be responsible.

01:09:20So now, with those agreed facts, which really makes my life so much easier,

01:09:25I want you to tell me why it's not your fault.

01:09:29Your Honor, when I moved the golf cart, it was blocking my cart.

01:09:33So I moved it to the left of mine.

01:09:35So when I put the brake on the golf cart and walked behind the golf cart to get back to my cart that was right next to it,

01:09:43and I backed up, you know, took my time making sure I didn't hit the car on my golf cart,

01:09:48I turned around and I head to my house.

01:09:50About what time was that?

01:09:51I'd probably been there 45 minutes, so 3.15.

01:09:54And you went home to do what?

01:09:56I went to go home to take care of my dog.

01:09:58What did you have to do to take care of your dog?

01:10:00I needed to let him outside to use the restroom.

01:10:02Did you?

01:10:03Yes, ma'am.

01:10:03And then what did you do?

01:10:05Then you came back to the house.

01:10:06Then I came back.

01:10:06Back to the house.

01:10:07Yes.

01:10:07So would you say you were gone 10 minutes?

01:10:10Yes.

01:10:10So now you're gone 10 minutes.

01:10:12Just let the dog out.

01:10:14Now you're gone 10 minutes and you come out and you find that the golf cart that you moved,

01:10:19without anybody's permission, by the way, you didn't ask the owner of that golf cart if you could touch it.

01:10:23No, I did not.

01:10:23The keys were in it.

01:10:25Well, if the keys are in a car, sir, and you pull up in front of the Piggly Wiggly,

01:10:29and the keys are in a car, but it doesn't belong to you,

01:10:33but the car is sitting right where you want to put your car to put your groceries in,

01:10:39and just because the keys are in the car doesn't mean you can drive it, right?

01:10:43Right.

01:10:43So without permission, you got into somebody else's golf cart and moved it,

01:10:48and within 10 minutes, his car is damaged.

01:10:51That's correct.

01:10:51So give me a theory, sir, of what happened that you're not responsible for.

01:10:57Like I said earlier, Judge, I moved the cart, parked it, and I walked behind that cart.

01:11:03If this cart is what they're alleging rolled back on its own,

01:11:06then wouldn't it have hit me when I walked behind it getting into my cart?

01:11:10Maybe it needed a nudge from the wind.

01:11:14Maybe it needed something else.

01:11:15But that's not the kind of intervening act, sir, that gets you off the hook.

01:11:20Well, okay.

01:11:21It doesn't get you off the hook.

01:11:22I'm going to give you an example, my favorite example.

01:11:26Many years ago, I tried a case that changed my life to a minute degree forever.

01:11:32You know, you go grocery shopping, you go to big stores,

01:11:36and they always have a place where you put the grocery cart after you finish loading your car, right?

01:11:44Put them here.

01:11:44So this particular case was about a woman who went shopping,

01:11:49and she had a big load of groceries, and she unloaded the groceries in her car,

01:11:53and then do what some irresponsible people do.

01:11:57They just leave the cart there.

01:12:00Cart can roll, cart, you know, could be touched, whatever.

01:12:03And the cart rolled into another car and caused damage.

01:12:08The defendant's defense to that case was, wasn't her.

01:12:13It was wind, which is an act of God.

01:12:16Wind came and blew the shopping cart into the plaintiff's car.

01:12:21Well, the wind isn't an intervening act,

01:12:23because if the shopping cart had been put into its place,

01:12:28wind, rain, frogs, hail, nothing would have happened to the plaintiff's car.

01:12:35We understand each other?

01:12:36We do.

01:12:37That's actually not the punchline of this story,

01:12:39because, after all, we're just dealing with a dented car here.

01:12:42After that case aired, because I was doing it in the television courtroom,

01:12:47I was shopping in Publix in Florida,

01:12:52and I unloaded my groceries in the trunk of my car

01:12:57and was going to leave the shopping cart there.

01:13:00And three women got out of a car together,

01:13:03who had clearly seen that episode,

01:13:06and stood there with their arms crossed,

01:13:08waiting to see if I was going to put the shopping cart back where it belonged.

01:13:14So, when I say that case changed my life forever,

01:13:18I can't go grocery shopping anymore unless,

01:13:22I don't care where it is, it could be 20 blocks away,

01:13:25but that shopping cart goes where it's supposed to be,

01:13:29because somebody's around who's going to take my picture,

01:13:32leaving that cart around, and it's going to humiliate me.

01:13:35So, what I'm saying to you is, it's your fault.

01:13:38It wasn't my golf cart. It wasn't my house.

01:13:40It wasn't your golf cart, which means you shouldn't have touched it,

01:13:46which means if you wanted to go home and let your dog out,

01:13:49which you probably should have done a half hour before,

01:13:52then you go inside and say, because you know all these people,

01:13:55whose golf cart is that? It's blocking me, and can you move it?

01:13:58That's easy. You would do that with a car.

01:14:00You just took it upon yourself to go to touch somebody else's property,

01:14:04and within a millisecond, because nobody else came out and touched that car,

01:14:10you were the last person who touched that golf cart.

01:14:13You were. It caused this damage.

01:14:15You know, don't make excuses. Accept responsibility.

01:14:18Shouldn't have done it, whether you forgot to put the brake on it or not,

01:14:21because I've driven golf carts.

01:14:22We have them around, and sometimes I forget.

01:14:25It says turn it on, and then you hit the brake,

01:14:27and there were two brakes, so I never park it like this.

01:14:30If anything, I park it like this against a tree, so it can't go anyplace.

01:14:36It's your fault. It's your fault.

01:14:38May I have the estimate to fix your car, please?

01:14:43What year car is this BMW?

01:14:45It's 2011.

01:14:46Judge, can I ask you a question?

01:14:48No, I don't answer questions.

01:14:50That's one of the delights of this job.

01:14:52I ask questions. I don't answer questions.

01:14:55Nice. 1482, judgment for the plaintiff.

01:14:58We're done. Thank you.

01:14:59This court is adjourned.

01:15:03It wasn't my golf cart. I wasn't driving.

01:15:06Bubba had actually gone outside shortly after Dab left,

01:15:10and he saw it happen.

01:15:13Whenever I left, I got out of that cart, walked behind it,

01:15:16so wouldn't it have hit me?

01:15:18I think if he'd done the right thing, owned up to it at the beginning,

01:15:20he said, yeah, let's work it out, but...

01:15:23It's been a little hairy. We're probably going to work it out.

01:15:26We'll be all right, because we'll get past it.

01:15:27I told him that from the beginning.

01:15:28I said, hey, no matter what happens, you know, if you pay me or not,

01:15:32whatever, I'm not going to let that come in between.

01:15:34We've been friends 15 years, but it was like, dude.

01:15:39You know, I have been noticing that whenever we go to Publix together,

01:15:42you do park extremely close to the cart return now.

01:15:46Not to the entrance.

01:15:49No, no, no.

01:15:50The cart return is the place to be.

01:15:52Now you know why.

01:15:53Now I know why.

01:15:54Have you been...

01:15:57Have you been...

Judge Judy Full Episode 1167 - Jaws Of Death - Best Amazing Cases Season 2O25 - Full Episode HD

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