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00:00:00He was becoming an annoying tenant.
00:00:02Yes. All the sexual acts taking place.
00:00:07So you heard what was going on behind his closed doors.
00:00:11Right. Day and night.
00:00:12Okay.
00:00:13Like there's no tomorrow.
00:00:14Maybe, you know, make jealous.
00:00:16Bill money.
00:00:17Court come to order. All rise.
00:00:19Have a seat, please.
00:00:21Come on, Judge.
00:00:22Case number 2027, Davis versus Zadie.
00:00:27Mr. Davis, a couple of years ago, you were a tenant of the defendants.
00:00:31Correct, Your Honor.
00:00:32You rented a room from him?
00:00:33Correct, Your Honor.
00:00:34In his house.
00:00:35For how long?
00:00:36For about a year, a little over.
00:00:38From when to when?
00:00:392020, I want to say the beginning of the year till about the end.
00:00:44Do you remember the dates that he was a tenant?
00:00:46Yes, they're incorrect what he's saying.
00:00:48It was from May of 2020 to November 2020.
00:00:54Does that sound right, Mr. Davis?
00:00:55It's something like that, yeah.
00:00:57May, June, July, August, September, October.
00:01:00And when in November did he leave?
00:01:01I believe it was by the 10th.
00:01:04This is what your case is about.
00:01:05Briefly, it is your claim that you and Mr. Zadie had some sort of an argument.
00:01:10Correct.
00:01:11Which you'll tell me about.
00:01:12And Mr. Zadie called the police.
00:01:15You were taken from the premises.
00:01:17You were arrested, spent the night in jail, nailed yourself out.
00:01:21And this happened in 2020.
00:01:23Correct.
00:01:24In November of 2020.
00:01:27Your lawsuit is for false arrest and actual damages.
00:01:32You had to post bail and for filing a false police report.
00:01:35The reason that you have delayed for two years in bringing this case against him is because you say you had another action pending.
00:01:44Correct, Your Honor.
00:01:45What was the nature of the other action that you had pending?
00:01:48It was a speeding issue with the police.
00:01:50Well, it's not a speeding issue with the police.
00:01:53Were you stopped for speeding?
00:01:54Were you arrested for speeding?
00:01:56Yes, I was, Your Honor.
00:01:57You were arrested for speeding?
00:01:59Yeah.
00:01:59And they called it a 2800 VC, if my memory serves me correct.
00:02:04Well, I don't know what that is.
00:02:05It's, I guess, evading.
00:02:09I'll look into it.
00:02:10In what city and state do you live?
00:02:12Irvine, California.
00:02:13Let me understand this.
00:02:14Very few people are arrested for speeding.
00:02:16You remember what you were arrested for, sir?
00:02:18You weren't arrested for speeding.
00:02:20They called it evading an officer because I didn't pull over right away.
00:02:24So you were evading an officer.
00:02:26Let's try that, Sarah.
00:02:27Evading a police officer in a vehicle.
00:02:29It's vehicle code 2800-1.
00:02:32Yeah, there it is.
00:02:32Okay, what does it say?
00:02:34Prohibits evading an officer in a vehicle, which means willfully fleeing from a police officer when the officer is pursuing the person in a car or on a bike.
00:02:42The offense is a misdemeanor punishable by up to one year in jail.
00:02:45Okay.
00:02:46So you had a misdemeanor pending, right?
00:02:49Correct.
00:02:49Anything else?
00:02:50No, that was it.
00:02:50Anything else historically?
00:02:52Yes, I did have historical priors and cases and stuff from my past.
00:02:58Yes, I did.
00:02:58Recent past or distant past?
00:03:00Distant past.
00:03:01How distant?
00:03:02Years.
00:03:03I want to say 2004.
00:03:04Okay.
00:03:05Yeah.
00:03:06I don't have to go into 2004.
00:03:07So you had this case pending and you felt that it was inappropriate to bring a civil case against him.
00:03:13Yeah, because I didn't want the cases to intertwine, Your Honor.
00:03:15They weren't going to intertwine.
00:03:16The case that he brought against you was eventually dismissed.
00:03:20Correct.
00:03:21In what month and year was it dismissed?
00:03:23It was dismissed the same month, about two weeks after that.
00:03:27Is that right?
00:03:28I believe so.
00:03:29Okay.
00:03:29So let me understand this.
00:03:31He alleged that you assaulted him or threatened him.
00:03:36You were taken into custody.
00:03:38The DA examined the case and decided not to prosecute it.
00:03:43Correct.
00:03:43And that was two years ago.
00:03:45Correct.
00:03:45Well, I don't know who gave you advice, sir, or whether you did this on your own,
00:03:50but bringing a civil case against someone for something has no impact whatsoever on a pending
00:03:57criminal case, be it a felony or a misdemeanor.
00:04:00You know, if you were driving in a car and someone hit you in the rear in November of 2020,
00:04:06and you waited two years to bring that because you had this evading a police officer action,
00:04:12and you thought that that was a valid reason,
00:04:15your case would be dismissed for the hit in the rear and whatever injuries you had
00:04:21because you're supposed to bring these things in a timely fashion.
00:04:25I understand.
00:04:25Two years is not a timely fashion.
00:04:27Now that I've suggested that to you,
00:04:29I would like to hear what you say transpired in November 2020 to the best of your recollection.
00:04:37On November the 9th, 2020, me and my former landlord, Alex Zedidi, over here,
00:04:43we had an argument about a guest that I had over.
00:04:46Okay.
00:04:46You had an argument over the phone or in person?
00:04:50Over the phone.
00:04:51Tell me how that phone call was initiated.
00:04:53He texted me some things, and I called him because I wanted to...
00:04:56Okay.
00:04:56He texted you.
00:04:57Do you have a copy of that text?
00:04:59No, I don't have the text.
00:04:59Do you recall what that text said?
00:05:02Yes, I do.
00:05:02Tell me what it said.
00:05:03I told him that he has to get his girlfriend out of the house
00:05:07because she's been coming in every day, day and night, staying there.
00:05:11Okay.
00:05:11So you said, in effect, I rented you this room, not your girlfriend.
00:05:16Correct.
00:05:16You got to get her out of the house.
00:05:18Yes.
00:05:18Okay.
00:05:19Do you remember her name?
00:05:20I had already addressed to him prior.
00:05:20Just a second.
00:05:21Do you remember her name?
00:05:23Not.
00:05:23What was her name?
00:05:24Tawana.
00:05:25Now, when you rented the room in May...
00:05:27Just a second.
00:05:28When you rented the room in May and you moved in, did Tawana move in with you?
00:05:33She did not move in with me.
00:05:35So when you rented the room for yourself in May, you rented the room as a single person?
00:05:39Correct, Your Honor.
00:05:40Okay.
00:05:41And when did you bring Tawana into the room?
00:05:45It would be once in a while.
00:05:47No, no.
00:05:47What month, sir?
00:05:49I don't recall the exact month.
00:05:51What month, sir?
00:05:52It started happening like back in August, every day.
00:05:56It started one day, then every other day, and then it became constant day and night.
00:06:02For how long?
00:06:03For a long, long time till, uh, towards the November when it just went out of, uh, her portion.
00:06:09The argument was about having his girlfriend, according to you, practically living there.
00:06:15Right.
00:06:15And you didn't want her there?
00:06:16No.
00:06:17Okay, because you rented a room to a single man who, until the girlfriend started to come in, I assume you didn't have trouble with.
00:06:23Right.
00:06:24So that's what your text message said to him in November.
00:06:27And as a result of that text message, you called him on the phone.
00:06:31I'm just trying to lay out the story.
00:06:34Okay.
00:06:34So you called him on the phone, and you said what to him, and he said what to you?
00:06:38I don't recall exactly what I said to him, but I remember he told me to tell her, tell her, get the f*** out, get the f*** out my house, get the f*** out right now, your girlfriend is a f***.
00:06:50He was saying a bunch of derogatory things over, uh, over the phone to me, and then hung up in my face.
00:06:55I'm working at the time, so when I came back...
00:06:58Did you call your girlfriend?
00:07:00No, I didn't call her.
00:07:01Did you text her?
00:07:02Uh, we speak regularly.
00:07:03We were talking all the time.
00:07:04No, then.
00:07:05Yeah, she knew about it.
00:07:06She did.
00:07:07Don't tell me what she knew.
00:07:08I just asked you if you texted her or called her.
00:07:11Yeah, I did.
00:07:11You did.
00:07:12And when you texted or called her, was she in the house?
00:07:14Was she in your room?
00:07:15No, she was gone already at this time.
00:07:17When we were arguing, she was...
00:07:18Just a second.
00:07:18Is that because he told her to leave?
00:07:20No, she was leaving already.
00:07:22She had work to go to.
00:07:23She wasn't living there.
00:07:24She had her own place and job in Lakewood, California, and I would tell him that all the time, but he would always insinuate that, oh, no, she's living there.
00:07:31I'm like, no, she's not.
00:07:32She pays $2,000 in rent.
00:07:34He lives in the house with you.
00:07:36Right.
00:07:37Now, before Tawana, had you had any difficulty with him?
00:07:40No, at all.
00:07:41Moved in in May.
00:07:42May, did you have any difficulty?
00:07:44No.
00:07:44No.
00:07:45June, did you have any difficulty?
00:07:46No.
00:07:47July, did you have any difficulty?
00:07:49No.
00:07:49No.
00:07:50You didn't have difficulty until Tawana came.
00:07:52Mm-hmm.
00:07:52Well, that was the difficulty.
00:07:54Mm-hmm.
00:07:55So, he told you in a very rude way, if I accept that, to get Tawana out of his house.
00:08:02Correct, Your Honor.
00:08:03Then you came home from work.
00:08:04Mm-hmm.
00:08:05What time did you get home from work?
00:08:06About nine-ish.
00:08:07And Tawana was gone?
00:08:09Yes, she was gone.
00:08:09Had she taken her things?
00:08:11It was nothing for her to take.
00:08:12She didn't bring stuff over there.
00:08:13She wasn't living there.
00:08:14No, but she, I mean, she came over there and stayed a few days a week and never had any
00:08:18stuff?
00:08:19Had an overnight bag.
00:08:20Okay.
00:08:21That's it.
00:08:21So, she took her with her when she left?
00:08:23Yeah, correct.
00:08:23Okay.
00:08:24Yeah.
00:08:24So, you got home about nine o'clock, and what happened?
00:08:26I got home at nine, and I said, don't disrespect me and my woman.
00:08:30You know, this is a woman I love.
00:08:31When you got home, you walked in the front door.
00:08:33Where was he?
00:08:34He was in the kitchen, and he had a female guest there, too.
00:08:37He's allowed to have a female guest.
00:08:38It's his house.
00:08:39Yeah, right.
00:08:40The pot calling the kettle black, basically.
00:08:42No.
00:08:42Hypothesis.
00:08:43Mr. Davis.
00:08:44Mr. Davis, if you rent a room to a single guy, did you have a lease agreement with him?
00:08:50Yeah, I did have a lease agreement.
00:08:51Did you have a written lease?
00:08:53Yes, I did.
00:08:54Did your written lease provide that you were going to live there?
00:08:57Yes, I did.
00:08:57Just you?
00:08:58Yes.
00:08:59Well, you bring in another person.
00:09:01That's in violation of the lease.
00:09:02That's not in violation of the lease, because there was nothing in the lease that said I
00:09:06couldn't have guests.
00:09:06He actually said I could have guests.
00:09:08No, a guest is one thing.
00:09:09A guest is somebody that doesn't come with an overnight bag regularly.
00:09:12No, he said I could have an overnight bag.
00:09:14Two days, three days, four days.
00:09:17That's more than an occasional guest.
00:09:20That's somebody that comes and goes, even when you're not there.
00:09:22Because according to you, you contacted Tawana while you were at work and she was at the
00:09:27house.
00:09:28That's false.
00:09:29Well, I thought you contacted her and then you said she left.
00:09:31She took a few things with her.
00:09:33Probably just an overnight bag.
00:09:35No, she was not going there when I wasn't there.
00:09:37That's false.
00:09:38Are you saying that she was not in your room when you were not home?
00:09:41When I was not there?
00:09:42No, she would not be there.
00:09:43Is that true?
00:09:44No, he had made a key to her.
00:09:47She would come as she pleased.
00:09:49Did you make her a key?
00:09:51That's absolutely false.
00:09:52Did you make her a key?
00:09:53No, that's absolutely false.
00:09:55No, I didn't make her a key.
00:09:56Do you still speak to Tawana?
00:09:58No, I don't.
00:09:58We kind of fell out of touch.
00:10:00If I were to call Tawana and ask her whether or not you made a key, would she tell me she
00:10:05did or she didn't?
00:10:06She would say that I didn't.
00:10:08Didn't?
00:10:08Yeah.
00:10:09Great.
00:10:09Phone number?
00:10:13I have a must-see.
00:10:15I don't have her number saved here.
00:10:17Mm-hmm.
00:10:18I'm not exactly buying the fact that Tawana did not have access to the home even when
00:10:24you weren't there, even if it was just a half hour before you came home from work, sir.
00:10:28You work until 9 o'clock every night?
00:10:30Your Honor, I had this to say about the whole key situation.
00:10:34I gave her my key when I was locked up in jail from his false police report.
00:10:38I gave her my property, and she had my key then to help me get the stuff out of his home.
00:10:44But I never went and made her a key, a copy of a key anywhere.
00:10:48Did she ever use your key other than when you were incarcerated?
00:10:52No.
00:10:53He says she did.
00:10:55I said, we had just a brief, maybe two-minute conversation or argument, discourse about what
00:11:03the things that he said.
00:11:04And I said, you know, don't be disrespectful to my woman and me.
00:11:08And I said, you know, you're a bitch.
00:11:11I called him a bitch.
00:11:12I did.
00:11:13But I never threatened him to harass him.
00:11:14You said you're a what?
00:11:15That's it.
00:11:16What does that mean?
00:11:17That's a half a sentence.
00:11:18Well.
00:11:19He was calling him a bitch.
00:11:21You are a bitch.
00:11:23Oh, you were calling him?
00:11:24Yes, because he says these things over the phone.
00:11:27He's a guy.
00:11:28Yeah.
00:11:28Why don't you call him a bitch?
00:11:29Because he says all these things over the phone, and he gets real loud, and he's a completely
00:11:34different person when he's on the phone.
00:11:36Just a second.
00:11:36But then when I'm in his...
00:11:37You think that that's gender neutral?
00:11:38Yeah, at this point.
00:11:40Well, there you go.
00:11:41That's why I have you here.
00:11:42Okie dokie.
00:11:43So you were going, don't call me that.
00:11:45You called him a name, and then things got heated, and then what happened?
00:11:49No, things didn't get heated.
00:11:50After that, he said, oh, that's how you want to do it?
00:11:54And then I said, if you want to get me evicted, you have to go through it the right way and
00:11:58do it legally and give me a 30-day eviction.
00:11:59No, he must have said to you, I want you out of here because you called me a name.
00:12:03It wasn't a problem.
00:12:04If you said, if you want me evicted, then he had to have said something about getting
00:12:07you out.
00:12:07He didn't really see...
00:12:08I don't remember him mentioning anything about me getting out.
00:12:11I just remember the fact that he called the police to get me...
00:12:14No, before he called the police, you were still in the kitchen.
00:12:17Did you ever leave the kitchen?
00:12:18Yes, I did.
00:12:19Where did you go?
00:12:20I went to my room.
00:12:21Okay.
00:12:22Before you went to your room, did you hear him on the phone with the police?
00:12:26I did.
00:12:26Before you went to your room?
00:12:27Yes.
00:12:28Okay.
00:12:29And?
00:12:30And I didn't sit there and listen to his phone call.
00:12:33I took a video and I started recording because I didn't want to be made out to look like the
00:12:37guilty party.
00:12:38And I had it pretty much live streaming the whole time, which was an Instagram video.
00:12:42Can I see it?
00:12:43No, I don't have the video.
00:12:44The police deleted it.
00:12:45But then it doesn't exist.
00:12:45If you don't have it, it doesn't exist for my purposes.
00:12:48Understood.
00:12:48Understood.
00:12:49But you had it then.
00:12:50Yeah, I did have it then.
00:12:51You did.
00:12:51And the police came?
00:12:52Yes.
00:12:53And I assume if the police came, you showed them the video.
00:12:56Yeah, I was showing it to them.
00:12:57And despite showing them the video, they took you into custody.
00:13:00Despite showing them the video, they took me into custody.
00:13:02Despite looking at the video.
00:13:03Yes.
00:13:04Which I haven't seen.
00:13:05They didn't look at the video.
00:13:06They refused to look at it.
00:13:07Well, let's go one step further.
00:13:08You see, Mr. Davis, this is why you bring actions right away.
00:13:12Hmm.
00:13:12So that not only everybody's memory is fresh, but if I wanted to call a police officer who responded
00:13:19or whatever, that's why you bring an action right away.
00:13:22Yeah, I get what you're saying.
00:13:22So now you're taken into custody and you have a video that is totally, according to you,
00:13:28exculpatory.
00:13:30I don't know the definition.
00:13:31Exculpatory means it says that you were not guilty of anything.
00:13:35Okay.
00:13:35And you appear in court?
00:13:37No, I didn't appear in court.
00:13:38Never?
00:13:39No, never.
00:13:39Well, what happened to the case?
00:13:41The case was thrown out.
00:13:42It was a DA reject because there was insufficient evidence that I did anything to him.
00:13:45And you never showed the district attorney your video?
00:13:48I didn't get a chance to because the video was deleted by the police.
00:13:52The police department deleted your video?
00:13:54Yeah, they did.
00:13:55You are a terrible victim of circumstance, Mr. Davis.
00:13:58Did you ever make a complaint that the police department deleted your video that would be exculpatory?
00:14:04No.
00:14:05Why not?
00:14:06I would if I had...
00:14:07Maybe ignorance of the law, I guess.
00:14:08What?
00:14:09I said maybe ignorance of the law, I guess.
00:14:11Not knowing.
00:14:12When you know better, you know better.
00:14:13No.
00:14:13No, Mr. Davis, actually, I mean, sometimes you really don't know what the law is,
00:14:18but you were smart enough, you said, to tell me because you knew I would say,
00:14:21why wait two years that you didn't want this action to conflict with another action?
00:14:26Well, that's a two-processed thinker.
00:14:28I've had something like that happen to me before where I had a criminal case and a civil case pending,
00:14:34and the dates were kind of intertwining and messing, and they're about to get in the way of my civil case.
00:14:39So I didn't want to make that same mistake with this case, Your Honor.
00:14:42Okay, so you want to tell me what your version of the events were of November 9th of 2020?
00:14:49Yes, Your Honor.
00:14:50I had gone to Mexico for a business trip meeting, and I had my friend who was visiting from Mexico,
00:14:57staying at my place, and at that same time, I had another roommate who was renting the room
00:15:02next to Ryan Davis' room.
00:15:04His name was Dave.
00:15:06I received a call from Dave on November 9th that it's constant sex going on.
00:15:12Okay, so you received a call from the other person living in your house who you were renting a room to.
00:15:17Right.
00:15:17Okay, and then, don't tell me what he said, can't tell me, that's all hearsay.
00:15:21Well, I've heard prior to all the sexual acts taking place.
00:15:25Listen to me, you personally.
00:15:27Yes.
00:15:28When you were home.
00:15:29Yes.
00:15:29Okay, so you heard what was going on behind his closed doors.
00:15:33Right, day and night.
00:15:34Okay.
00:15:35Like, there's no tomorrow.
00:15:36Okay, well, maybe, you know, maybe jealous.
00:15:41Okay.
00:15:41He said he was jealous of me.
00:15:43Shh!
00:15:44Okay, so he was becoming an annoying tenant.
00:15:48Yes.
00:15:48For whatever reason.
00:15:50Yes.
00:15:50Keep going.
00:15:51You sent him a text.
00:15:52He called you.
00:15:54You had heated words.
00:15:55He comes home from work.
00:15:56You're in the kitchen.
00:15:57Yes.
00:15:57He comes into the kitchen, and?
00:15:59And I told him, Ryan, we've gone through this many times before.
00:16:03I've addressed this to you about your girlfriend coming here all the time, day and night, and
00:16:08now she's here every day.
00:16:09What he was doing was sneaking her in late at night, and that's how I wouldn't know that
00:16:15she snuck back in.
00:16:17There were times I came home from work, and she was already there when Ryan wasn't even
00:16:21there, so she had the key, obviously.
00:16:23Okay.
00:16:24Now, let's go to November 9th.
00:16:25November 9th, I confronted him, I said that this is just way too much, my other roommate
00:16:31wants to leave, he cannot take it anymore.
00:16:33And?
00:16:34And then he said, well, she isn't here, and my...
00:16:39Okay, he said she wasn't here, keep going.
00:16:41Then he cussed at my friend who was visiting from Mexico, he said, get this bitch out of
00:16:47here.
00:16:47That's not true.
00:16:48Shh.
00:16:49Don't interrupt.
00:16:50Okay.
00:16:50I said, you know, you can talk to her.
00:16:52Okay, let's go.
00:16:53Right.
00:16:53Then he went into his room, he came back.
00:16:56He brought a samurai sword with him, and he flashed at me, I'm going to slice you in
00:17:01half like a butter.
00:17:04Okay.
00:17:04What?
00:17:05And I'm like shocked at that time, don't know what's going on with him, because he's just
00:17:10changing character.
00:17:11I'm scared of my life, I'm scared of my guests.
00:17:14Okay.
00:17:14And then what happened?
00:17:15And then I said, you need to get out of here, you need to move.
00:17:18And then he went back, he didn't do anything with his sword.
00:17:21No, he didn't.
00:17:22He went back in the room with the sword, he put it there, then he came back, and he pushed
00:17:27me against the wall.
00:17:28As he was pushing me, I tried to block him by putting my two hands up, and when he pushed
00:17:35me, it bruised, I had a cut on my wrist, but there was a bruise.
00:17:39Okay.
00:17:40And I said, I'm going to call the police.
00:17:42Okay.
00:17:42So you called the police when he came back out of his room the second time, this time
00:17:46without the sword.
00:17:47And the police took a report.
00:17:49Yes.
00:17:50Do you have that report?
00:17:51Yes.
00:17:51I'd like to see it.
00:17:55Mr. Davis, do you have a copy of the police report or any follow-up report?
00:17:58I'd like to see that, too.
00:18:03Mr. Davis, where did you get the sword from?
00:18:05My girlfriend at the time.
00:18:06Which girlfriend?
00:18:07Twana.
00:18:08When did she get it for you?
00:18:09She got it during my birthday, for a birthday gift.
00:18:12When's your birthday?
00:18:13October 31st.
00:18:14And this happened on November 9th?
00:18:16Correct.
00:18:16Between October 31st and November 9th, did you have occasion to show Mrs. Zadie prior
00:18:23to November 9th?
00:18:23Never, Your Honor.
00:18:24So between 31st and the 8th, did you show Mr. Zadie the sword?
00:18:28Never, Your Honor.
00:18:29He's a liar.
00:18:29Just a second.
00:18:30Just answer my question.
00:18:32Carla Sacco is suing plumbers Robbie Shelton and Scotty Foy for water damage.
00:18:39Court come to order.
00:18:41All rise.
00:18:43Be seated, please.
00:18:46Hello, Judge.
00:18:47Case number 2077, Zacco v. Sheldon Foy.
00:18:50Welcome.
00:18:51Ms. Zacco, you had some sort of a problem in a shower in your house.
00:18:58Yes, Your Honor.
00:18:58Tell me briefly what the problem was.
00:19:00I had a small dribble coming from around a shower valve that was in my master bathroom shower.
00:19:06Tell me what valve it was.
00:19:08You know, I'm not a point.
00:19:09Well, I have a picture that I can show you.
00:19:12I'd like to just make a circle where the problem was.
00:19:16I believe it was the top one.
00:19:18Just make a circle.
00:19:21Who's Mr. Shelton?
00:19:22Let's change places with each other.
00:19:34Okay.
00:19:34And you saw a water drip.
00:19:36Yes.
00:19:36Very fine little drizzle coming.
00:19:38You saw water dripping.
00:19:39And according to my complaint, you had seen around the neighborhood a truck, Foy's Plumbing.
00:19:46Yes, I have.
00:19:47And that's how you got to Mr. Foy.
00:19:49Correct.
00:19:49My neighbor had used him.
00:19:50Did you speak to the neighbor or did you just remember seeing the truck?
00:19:53No, I spoke to my neighbor.
00:19:55Okay.
00:19:55Can you tell me on what date you noticed the leak and on what date you spoke to the neighbor?
00:20:01Probably around the 10th or so of December.
00:20:04That was in a shower that you don't use, but your husband uses?
00:20:08I'm widowed.
00:20:09Okay, so who told you about the leak?
00:20:11The housekeeper.
00:20:12Okay.
00:20:12And then did you check it yourself?
00:20:14Yes.
00:20:15And this small leak had been there for a couple of weeks before you got to Mr. Foy.
00:20:20Correct.
00:20:20After you spoke to the neighbor and confirmed that this neighbor had used Mr. Foy, when you
00:20:26called Mr. Foy, did you actually speak to him?
00:20:29No.
00:20:29Who did you speak to?
00:20:30It was a woman that answered the phone.
00:20:32Who answered the phone?
00:20:33Do you know?
00:20:33All of them did.
00:20:34I'm the office manager.
00:20:36Okay.
00:20:36Could you stand up, please?
00:20:38Tell me your name.
00:20:38My name is Alma Valdez.
00:20:40And you work for Mr. Foy?
00:20:41Yes.
00:20:42And you have a plumbing company?
00:20:44Yes, ma'am.
00:20:44How many employees do you have in the company?
00:20:46Right now, only three.
00:20:47He's not one of them?
00:20:49Yes, he's one of the employees.
00:20:50How long has he been an employee?
00:20:51Oh, on and off 15 years.
00:20:53What does that mean, on and off?
00:20:54Well, a couple of times he went to work for another plumbing company and then came back.
00:20:58Was he an employee of your company, pay careful attention, in December of 2021?
00:21:05Yes, he was.
00:21:06Okay.
00:21:07And paid on the books?
00:21:08Yes.
00:21:08Is he still an employee?
00:21:10Yes, he is.
00:21:10Do you recall receiving the call in December from Ms. Seiko?
00:21:14Yes, I got a call from her on, I believe it was December 28th, saying that she had a leak.
00:21:19And so we set up an appointment for the next day.
00:21:21Do you remember the conversation you had with her?
00:21:23Did she tell you she had been recommended by a neighbor?
00:21:25You know, I don't recall. We did set up the appointment for the following day.
00:21:29That would be December 29th.
00:21:32Yes.
00:21:32May I have a seat?
00:21:34Okay. Mr. Shelton was the person that Mr. Foy sent to you.
00:21:39And you were a full-time employee of Foy's Plumbing. Tell me what happened when you got there.
00:21:44When I first got there, I noticed water running out of the handle.
00:21:47It was dripping out of the handle because it had been there since December 10th.
00:21:50It was streaming out. It was a pretty decent stream of water coming out.
00:21:54The plaintiff doesn't use that shower, correct?
00:21:57So the first thing that someone would have done, even me, is turn off the water. Is that what you did?
00:22:04Well, I want to go see what the leak really was.
00:22:06Well, you looked.
00:22:07Yeah. First, and then I went out and shut the water off and then came back in to pull the cartridge to identify.
00:22:12And there's no markings on the plate, so I couldn't really tell exactly what brand it was.
00:22:16We do carry a variety of brands, but more of your typical brand.
00:22:20You're getting too technical with me, sir.
00:22:22Okay.
00:22:22This is what the case is about. He came in, out the same day, the 28th. He said he didn't have the part.
00:22:28You have other complaints about his behavior on that day. You say it was a little bit off.
00:22:32He left without a different part being put in, and you called another plumber. When?
00:22:37I called, actually, my contractor that night to come over and look at it. He came over in the morning.
00:22:44So he didn't come over that night. He came over the next day.
00:22:46Correct. The next morning he gave me a referral.
00:22:48No, you can't tell me what he gave you. He's not here. It is your claim that because of the actions of Mr. Shelton,
00:22:54which are attributable to Mr. Foy, who owns the company, you suffered severe water damage in your house,
00:23:01causing you to have to replace substantial flooring in the house, and you want Mr. Foy to be responsible.
00:23:06Correct.
00:23:07You have insurance. I just want to make sure you do have insurance. You're a company.
00:23:11We're licensed in the state of California.
00:23:12Okay.
00:23:12That's what the case is about. You want the company to be responsible. They did not come back and fix the problem.
00:23:19Someone else did, but by the time it was remedied, water had already seeped through and under the floors.
00:23:26You have evidence of that. Mr. Foy said that that's not his problem.
00:23:29So I'd like you to tell me what happened on the 29th when Mr. Shelton came. What time did he come in?
00:23:34I think he came around 12, 12.30. So we came in, went to the bathroom, looked at it, took out the cartridge.
00:23:43He did turn off the water, and then he said he had to go look for the part. He left. He was gone for over an hour,
00:23:51returned, said, I don't have the part. They don't have it. And as he's talking to me, his phone rings again,
00:23:58and it's the plumbing place, and they said, oh, we have the part. He left again for another hour.
00:24:03He comes back the third time, and he says they still don't have the part. By this time,
00:24:09it's like three hours had passed, and I'm sitting in my living room, and I hear tools dropping in the
00:24:15shower. I said to him at one point, do you think you need to call for somebody else, some help? And
00:24:21he said, no, I can handle this. Did he leave?
00:24:24Five o'clock. He left.
00:24:25I have a friend that shows up at my house because we were going for dinner, and I said, well,
00:24:29we have to wait for the plumber to leave. And she goes, there's no car out in front of your
00:24:33house. You didn't know when he left?
00:24:35No, he did not know when he left.
00:24:37Did the shower look as if it had been put back in place? Did it look pretty much like this?
00:24:42It was like that, but the stream of water that was minuscule before was much stronger.
00:24:49Okay.
00:24:49That doesn't actually help you.
00:24:51No.
00:24:51That hurts you because he said the water was a pretty rapid... Is that what you told me?
00:24:57Just one second.
00:24:58Could you read back, Whitney, how Mr. Shelton described the water?
00:25:04He said it was streaming out. It was a pretty decent amount of water coming out.
00:25:08Yeah. He said it was pretty decent when you got there. And I am correct, Mr. Shelton,
00:25:13that when you left the house that day, you had not found a part to fix it. Is that correct?
00:25:20Correct.
00:25:21And I am correct that when you went to disassemble it, you turned the water off.
00:25:26Yes.
00:25:26Because it was leaking.
00:25:28Yes.
00:25:28And then you didn't fix it because you didn't have the right part. And then you turned the
00:25:32water back on.
00:25:33Mm-hmm.
00:25:34Without having put in an appropriate part because you couldn't find it, this leak which caused
00:25:41you to turn off the water because it was a pretty significant leak, you turned the water
00:25:46back on.
00:25:46The reason why I turned the water off, because you had to take the cartridge out. If I left
00:25:50the water on and took the cartridge out, what do you mean?
00:25:53Listen, Mr. Shelton.
00:25:54I know.
00:25:54That's why I turned the water off.
00:25:55Mr. Shelton.
00:25:56You're not being a two-processed thinker, sir. Let me explain something to you. I came to
00:26:01California from Connecticut to the place where we live in California. I walked into the master
00:26:06bath to the toilet. Et voila. I see a puddle of water around the toilet. I say to myself,
00:26:13self, you went to law school. You don't know what this is. But it's not a leak that's coming
00:26:17from the back. It's a leak that looks like it's coming from the bottom. So I called engineering.
00:26:23Fortunately, I live in a place where somebody will come up. They came up right away. The first
00:26:28thing they did was turn off the water. Smart, just like you did. Then they opened up the problem,
00:26:34looked at the problem, and said, we need a part. Unfortunately, those are not the same
00:26:39parts that we keep in the hotel. We'll have to order it turned off the water. Use a different
00:26:46bathroom for the two, three days it needs to get the part. You weren't there. So just pay attention
00:26:53to me, Mr. Foy. You weren't there. I'm just letting you know what common sense is living on the planet
00:27:00for a long time. If you have a leak that's caused by a faulty part, and you don't fix the part because
00:27:06you don't have the part, you turn the water off. I had to point something out. He had to turn off
00:27:11the water to the whole house because there is no shutoff to the shower. Just a second. He had
00:27:16turned the water off to the whole house, and he put this cartridge back before he turned the water
00:27:20on. What difference does it make if he put the cartridge back? He has taken the cartridge apart
00:27:25in order to see what it was. He took it out of the wall. He took it out of the wall, but it does not
00:27:29take it apart. Mr. Shelton, if your employee, and if what you're saying is accurate, which I don't actually
00:27:34think is accurate, because every room in a house usually has a turnoff valve, especially in the
00:27:38bathroom. So you don't have to turn off all the water to the kitchen and to other bathrooms, perhaps.
00:27:43If there's a problem in the shower, there's a master lever for the whole house, and then there are
00:27:48smaller levers for each. I don't... For everything except the shower, ma'am.
00:27:53What do you mean for everything except the shower? The shower does not have an individual shutoff.
00:27:57You do indeed have to shut off the water to the house. The vanities, the toilets all have individual
00:28:01angle stops, but the shower does not. Were you ever at the house? No, ma'am. No, you were never at the
00:28:07house? No, ma'am. How many square feet is your house? It's 2,500. It's a substantial house. So
00:28:12you're telling me in a 2,500 square foot house, if you have a leak in the shower, you have to turn
00:28:17off all the water if you want to turn off the shower water? Yes, ma'am. That's absolutely correct.
00:28:22That's absolutely correct. Having not been there... Yes, ma'am. I build houses. No, no, no, no, no, no, no. I don't
00:28:27care with you, Bill. You weren't in that house. This has no shutoff, ma'am, other than the whole
00:28:31house. You have to shut the water to the house off to shut that off. So now here's my question.
00:28:36Did you tell the plaintiff that she had two options, either to shut the water off in the
00:28:43whole house until you could get a part, because there was still a leak, or you could leave it on,
00:28:48but you have to watch it? Because according to you, the water was substantial that was coming out.
00:28:53She said it was a trickle. You said, oh, no, no, no, no. It was a steady stream of water. And that
00:28:59was before you started messing with it. So my question to you is, did you tell her that those
00:29:04were her options? She's not a plumber. That you either had to turn off all the water in the house,
00:29:09and you would return the next day with a part, or you could leave the water on,
00:29:13but it was still going to be leaking. Did you tell her that? Yes.
00:29:17No way.
00:29:18It would still be leaking, because it was leaking. No way, Mr. Shelton. No way did you tell her that.
00:29:23No way did you say to her, this shower is still going to be leaking, because I can't shut the
00:29:29water off just to the bathroom. I have to shut off all the water in the house. If you're trying
00:29:33to sell me that story, I have a bridge I want to sell you, because I don't believe it.
00:29:37There's no way to isolate that valve.
00:29:39I didn't ask you that.
00:29:40When it comes to the shower.
00:29:41You were never there.
00:29:42Or the tub.
00:29:43Just a second.
00:29:44You can't turn it off individually.
00:29:45You were never there. I have this question for you. How many bathrooms do you have in
00:29:51your house?
00:29:52Three.
00:29:52When he left the first time, and he shut the water off, did he indicate to you that you
00:29:57couldn't use the water anywhere in the house?
00:29:59Yes. I believe he told me at first that he was going to shut off the water to the house.
00:30:04Okay. So you knew. So you couldn't use any other of the toilets in the house?
00:30:07No.
00:30:08Okay.
00:30:08You may be getting better. When he left, did you use the bathroom? The answer is yes.
00:30:13Yes.
00:30:14Yes. So you knew that the water had been turned back on.
00:30:17Oh, absolutely.
00:30:18In the house. Just a minute. So you knew the water had been turned back on in the house,
00:30:23even though he didn't tell you I'm turning it back on. You knew. And you knew that he hadn't
00:30:27fixed the problem.
00:30:29Correct.
00:30:29So you knew that you better watch this, which is why you called your contractor to come and
00:30:35look at it.
00:30:36Correct.
00:30:36You're getting better, Mr. Foy. You're coming into a better place. You see? Things work themselves
00:30:41out. Now, you know that the water is still dripping. You know that there's still a leak.
00:30:46Correct.
00:30:47You know that if you use the water, that water is still going to be a steady stream coming
00:30:53out. You didn't get another plumber there until when?
00:30:56The next morning.
00:30:57Well, that's your contractor. You said he came the next morning.
00:30:59No, I got a plumber there the next morning.
00:31:01Okay. Okay. And they came? And did they fix the valve?
00:31:05They had to open the wall to cap off the hot and cold water.
00:31:10So it was a big job.
00:31:11It was huge. I neglected to say it in the beginning, but when he took the shower valve
00:31:16off, he looked in the wall and he said, it's dry in there. You're lucky. So that next morning
00:31:22when I walked into the master bedroom and I was walking in wet, I did call the sky.
00:31:28Boys.
00:31:28Mm-hmm.
00:31:29Now tell me where you felt it when you walked into the master bedroom. Do you have wood floors
00:31:32there or carpet?
00:31:33It's all wood. And it was right as I got to where the bathroom and the master bedroom meet.
00:31:40There's no door.
00:31:41So it was outside that it was wet.
00:31:44I thought my dog had an accident on the floor.
00:31:48And prior to the 29th, it's not getting to look good for you again. Prior to the time,
00:31:55Mr. Shelton.
00:31:56May I clarify? The room that she's talking about, the shower's here. Robbie's working in
00:32:00the shower where it's all tile.
00:32:02You weren't there.
00:32:03And we never went into her bedroom.
00:32:05Yes, you have to.
00:32:07You can't tell me that because you weren't there.
00:32:09Is the bathroom adjacent to the bedroom?
00:32:11Sure. So to get to the master bathroom, you have to walk into the master bedroom and make
00:32:17a left.
00:32:18Okay. Now, Mr. Shelton, you recall saying to the plaintiff, when you looked in the wall,
00:32:23you're lucky it's dry in here?
00:32:24I said it looks dry. I'm not, I'm not.
00:32:27Just a second. Mr. Shelton, you wouldn't have said to her, it looks dry in here. I'm not
00:32:31an expert.
00:32:32An expert on water damage.
00:32:33Did you say?
00:32:33Yeah, I didn't, there was, you can't really see into that wall because it's tiled, right?
00:32:37You can't really look into the wall unless you open it, but there was no reason for
00:32:40me to open it.
00:32:41Evidently, you're wrong. Either you were wrong that it was dry, or when you put the thing
00:32:45back together again, the sentence assaulted you.
00:32:47Yes, Your Honor.
00:32:48And this is what I gather from reading your complaint. On August 10th of this year, your
00:32:54cat was injured. How was your cat injured?
00:32:57That I don't know. The morning of August 10th, I had let him outside. When he came back in,
00:33:03he was acting peculiar, I picked him up and noticed that he had two long, deep gashes
00:33:07on his, between his chest and his stomach.
00:33:09At what time was this?
00:33:10Approximately 10.45, 10.30.
00:33:13And the defendants work at the vet where you have taken the cat before?
00:33:18Not this particular cat. I have three cats total, and I had good service from them,
00:33:24so naturally I went back.
00:33:26They work at a vet where you had taken an animal, maybe not this one, before?
00:33:30Correct.
00:33:31So at that time, you put the cat in the car and drove over to where the vet's office is.
00:33:36Yes.
00:33:37And during that time, they had a COVID protocol in the vet's office. And the protocol, I assume,
00:33:45correct me if I'm wrong, because I know I've taken my pets to the vet during COVID, you get
00:33:50to the parking lot, you call, they come out, they check in the animal and what's wrong. And then
00:33:55they come out when someone is ready to see the animal, they bring them inside. You do not
00:34:00come into the office. Is that your protocol?
00:34:02Correct.
00:34:03Is that your COVID protocol? Well, it was in a couple of vets where I took our dogs. Were
00:34:09you aware of that protocol?
00:34:10No, Your Honor, not at all.
00:34:12So tell me, what happened when you got to the vet's office? Is there a parking lot?
00:34:17There is. There was one other vehicle there. It was pulled up in the front of the door,
00:34:21the very first spot. The papers indicate that there is a chart or video of the parking lot.
00:34:27Is that correct? We drew a diagram that they based that on.
00:34:29Okay. So that would be a fair representation, sir, of the vet clinic and there are parking
00:34:35spaces in front of it? I believe so, yes.
00:34:37Where did you park? Yes, please.
00:34:40My car, I'm assuming at this point, the main door is approximately over here.
00:34:47Okay.
00:34:48The vehicle that I was mentioning is parked here and I was parked here.
00:34:52Okay. But you were parked right in front?
00:34:54Yes.
00:34:55Okay. Is that right?
00:34:56Yes.
00:34:57Great.
00:35:01Okay. So what happened when you got there?
00:35:03Well, I walked around the back of the car, got the cat out. He was in the passenger seat in the
00:35:07cat carrier and I went immediately up to the door and I don't know the defendant's names,
00:35:13but the younger of the two, she was already out front with a...
00:35:16You mean the young lady in the blue sweater?
00:35:19Yes.
00:35:19Is that who you're talking about?
00:35:20Yes, Your Honor.
00:35:20You're looking over there. What is your last name?
00:35:22Hensley.
00:35:23Ms. Hensley.
00:35:24She was already outside with a customer at that point.
00:35:28Your Honor, that was...
00:35:28Shh.
00:35:28It wasn't me.
00:35:29Don't...
00:35:30Don't speak.
00:35:31Okay. So you say Ms. Hensley was already outside with another patient.
00:35:35I thought it was Ms. Hensley. It could have been another...
00:35:37Okay.
00:35:38...lady that worked there, but it was similar in youth and...
00:35:41Okay. So somebody came out and was talking to another...
00:35:44They were already there. And so they stopped me. I was proceeding up to the door and I, like
00:35:48I say, I have pictures of the signage that they have. So you can't read the signage until
00:35:54you get right up on top of it.
00:35:55Okay. So you went to the door and what happened?
00:35:57I went to go in and I was stopped.
00:35:59By whom?
00:36:01The lady that was outside.
00:36:02Okay. And the person who was outside stopped you?
00:36:05And said that you couldn't go in. So I stopped. I told them that it was an emergency, that
00:36:10my cat was injured.
00:36:11You told the lady outside?
00:36:13The lady that was outside. Absolutely. Told him that he was injured and that he needed
00:36:17to see somebody immediately, the vet. And they suggested that I needed to call. And I couldn't
00:36:23understand that because I was already there. I said, can't you just go inside and let them
00:36:26know that I was here? That seemed reasonable to me.
00:36:29What they told you was to get back into your car with the cat...
00:36:31And call the...
00:36:33No.
00:36:33Or just call?
00:36:34Just call. So I said, well...
00:36:35So she was talking to the person who I assume is a female because you say Ms. Hensley, Ms.
00:36:41Hensley or someone resembling her. They were taking care of another patient that was outside.
00:36:47Yeah. When they stopped me before I got...
00:36:48They stopped me and said, stop.
00:36:50Correct.
00:36:51Call, right?
00:36:52Correct.
00:36:52And you were upset and you said, well, why can't you just go inside and tell them that
00:36:56I'm here?
00:36:57Yeah.
00:36:57Because she was with somebody else.
00:36:59Well, it appeared to me that they were done.
00:37:02Okay. I don't care what appeared to you. She was outside with somebody else. She told
00:37:07you to call. What happened next?
00:37:09Well, I set the cat down and I actually sat on the concrete and waited. That person had...
00:37:14Waited for what?
00:37:15That person left. As soon as they got done talking with me, they went into the building.
00:37:19So, and I waited about five minutes and then I guess it was Ms. Hensley now, she came out
00:37:25and asked me now if I had an appointment, my cat's name. I said, no. And I told her, I said,
00:37:31no, it was an emergency. And then she told me at that time that there was no vet on duty.
00:37:37And so then that's when I got up. I was upset. I said that I needed to leave. I did use an
00:37:44inexplicitive.
00:37:45What did you say?
00:37:46Well, I said that I needed to get the father there so I could get some help.
00:37:50Okay.
00:37:50And, and then I was, I picked up my cat and the carrier and I was proceeding to leave.
00:37:55And?
00:37:56That's when the other plaintiff.
00:37:58Ms. Schilling came out.
00:37:59And she confronted me and she started into a huge rant about how she wasn't going to stand
00:38:05there and listen to this or whatever.
00:38:07Were you shouting at Ms. Hensley?
00:38:09No.
00:38:09No.
00:38:09No. She told you that there was no vet on duty.
00:38:13Right.
00:38:13And you got up and you said, I'm going to get the whip out of here.
00:38:17Correct.
00:38:18That's it.
00:38:18Yeah. Yeah. The fact that I had waited five minutes, I was, you know, it was upsetting.
00:38:24So then when she came out.
00:38:25Ms. Schilling came out and?
00:38:27She started into a huge rant.
00:38:29What did she say? A rant is a conclusion. What did she say?
00:38:33Well, she was, had her voice raised. She was, she was shouting at me.
00:38:37What did she say?
00:38:38She said that she wasn't going to stand there and let me say things to this other woman.
00:38:44So then I just looked at her and I told her basically to shut up. So, um.
00:38:50Is that what you said to her?
00:38:51I told her to shut up.
00:38:53Okay. So you again used an expletive.
00:38:57Yes. Yeah. There was no reason for that.
00:38:59She said.
00:38:59Okay.
00:39:00I'm just asking you what happened.
00:39:02Yes.
00:39:02So you told her to shut up.
00:39:04I did.
00:39:05And?
00:39:05That's when she came over. She was probably about three foot away and she stepped right
00:39:11over into me and she put her body on mine. So she stepped right into me, pushed me back
00:39:17with her body. And she told me, I'm not afraid of you. I'm not intimidated by you. And I told
00:39:22her, don't touch me. Get off of me. And I told her twice and she never moved. I put my
00:39:28cat down and I moved her off of me.
00:39:31What do you mean? I just, I pushed her back off of me.
00:39:34You put your hands on her.
00:39:36She was already on me.
00:39:37How was she on you, sir? What was she, what physical part of the defendant?
00:39:42Her chest, her entire body was leaning on me at that point. She body checked me.
00:39:48I'd like you to go over there and show me where Ms. Schilling came out and where the three
00:39:55of you were standing.
00:39:56Okay. I have pictures as well.
00:39:58Okay.
00:40:00So here being the front door.
00:40:02Yeah, right.
00:40:03And here was the box where I was sitting. When I picked up the cat, I moved her over to here.
00:40:08When she came out the door, she was approximately here. And then she moved over to me and put her
00:40:14body on mine.
00:40:15If, when Ms. Hensley came out and told you there was no vet, why didn't you just get into
00:40:20your car?
00:40:20I was leaving.
00:40:21No, no, no. The first lady that I encountered never told me there was no vet.
00:40:28No, no, no. I understand that. When Ms. Hensley came out and told you there was no vet, why
00:40:34didn't you just get into your car?
00:40:35I was leaving. I had picked up my cat and literally was walking away. I had walked from
00:40:40here to approximately here. In that meantime, she came out and I had my back to her at first
00:40:46and she started to yell.
00:40:47No, he wasn't. He was yelling in my face.
00:40:49Just a second. I'm going to let you have a turn as soon as he's finished. Go ahead.
00:40:54She started to yell at me and that's when I told her.
00:40:57Okay. Go back.
00:40:59And then what happened? So now you, now she put her body on you. You put both hands on
00:41:04her and pushed her back.
00:41:05To push her off me.
00:41:06And then what happened?
00:41:07Then she struck me.
00:41:09How did she strike you?
00:41:10With her open hand.
00:41:11Where did she strike you?
00:41:12On my face.
00:41:14Okay. When you pushed her, she slapped you.
00:41:16She did.
00:41:17And next?
00:41:18And then the other one slapped me. She reached over her shoulder and slapped me.
00:41:22Okay. On the face?
00:41:23On the face.
00:41:24And then?
00:41:25And then we started to argue and it was just yelling back and forth. And then the gentleman
00:41:30came out of the vehicle that was parked at that first spot and he kind of diffused the
00:41:35engagement. And that's when she told me, just leave, leave. I felt safe enough to turn at
00:41:40that point. And I went and put my cat back in the car. And that's when the lady in the
00:41:46blue ran behind my car, said, don't let him leave. Don't let him leave. Ran behind my
00:41:50car and placed her body on my car.
00:41:52And?
00:41:53And then that's when I told her, I said, you can't keep me. You can't detain me here.
00:41:56I'm going to take my cat to someplace where I can get him some medical. And I moved her
00:42:02away from my car.
00:42:03How did you move her away?
00:42:04With my hands.
00:42:05So you...
00:42:05Open hands.
00:42:06Okay.
00:42:07That's when she turned and struck me with her fist, broke my glasses, gave me a black eye.
00:42:12I was defending myself at that point. I had my hands up. She was, I'm all cut up on this.
00:42:18And then that's when I finally grabbed her by her hair and pulled her off of me.
00:42:21Which one did you grab by the hair?
00:42:24Saying he threatened her with a gun.
00:42:27And when he's reacted that way, did you ever say anything to him?
00:42:30It was minimal. I didn't respond to it.
00:42:32Really? Okay.
00:42:33Good. When my husband gets involved in one of those road rage things because somebody
00:42:37cuts him off, I'm all over him like white on rice.
00:42:42Are you crazy putting me in jeopardy because you got a bad temper?
00:42:47That's what I say to my husband. She can attest to that.
00:42:51Me, I once said to a police officer who pulled him over, give him a ticket.
00:42:55Give him two tickets.
00:42:59Maybe he'll stop.
00:43:00Right?
00:43:02True.
00:43:02So now you're involved in a road rage, hissy fit, and you're tailgating her.
00:43:07How many blocks did you tail her?
00:43:09Or how many miles did you tail her?
00:43:11Don't look as if you don't understand my question.
00:43:14No.
00:43:14Okay. Good.
00:43:16Three quarters of a mile, if that.
00:43:18Okay. Well, that's a pretty long way, three quarters of a mile. So you were tailing her for
00:43:22three quarters of a mile. And at some point, did she make a turn with her car to avoid you
00:43:29tailing her?
00:43:30Yes.
00:43:30A 90 degree turn?
00:43:31Yes.
00:43:31So tell me, now you're following her for three quarters of a mile, and she makes this turn?
00:43:36Yes.
00:43:37Now, when she made that sharp turn, did you follow her?
00:43:40Nope.
00:43:41No.
00:43:41No.
00:43:42No, no, no. I know you didn't follow her because she made that turn to get away from you. Do you
00:43:48understand? I've been on this earth a very long time. You, Mr. Parkinson, are an ordinary
00:43:56guy with a bad temper. So I've played this scene in my head, both from personal and personal
00:44:01experience and from watching other jerks like you, in my head, a hundred times. So when
00:44:07she made this turn, she made the turn to get away from you. And you said, well, I accomplished
00:44:13my mission. I jarred her a little bit. That's if I believe your story, all of it. And you
00:44:18went home. Now, I'm to the point where she makes the turn and you went home. So far, correct?
00:44:25That is correct.
00:44:26Does that look familiar to you, Mr. Parkinson?
00:44:28Yes, it does.
00:44:29Okay. So I would like you to walk over there, show me where the gas station is, and show
00:44:34me where you started to follow her.
00:44:36I'll be more than happy to. Of course, it says Shell right here. That's where the incident
00:44:41began.
00:44:42Right.
00:44:43She pulled out a medium flame, causing me to hit my brakes.
00:44:45Just a second. So she caused you to hit your brakes?
00:44:47Yes.
00:44:47And then she turned right. I followed her into the village. Everybody gets close.
00:44:52No, no, no. Just show me. I followed her into the village and show me where you proceeded.
00:44:56And we drove down. And she turned, I believe, here or here.
00:45:00Turned how?
00:45:01To the right.
00:45:02Okay. And you proceeded to your house?
00:45:04Yes.
00:45:04Okay. Now you can step back.
00:45:06So she turned off to get away from the maniac who was tailgating her because she had made
00:45:14a mistake in pulling out in front of him at a gas station. You go home. And what do you
00:45:20do when you get home?
00:45:21I packed my truck in.
00:45:23And? Then what did you do?
00:45:24I got out of my truck to move the tools and stuff that had shifted to the front of the
00:45:29bed to the back of the bed where I can get to him better for work because I had to slam
00:45:34on the brakes twice.
00:45:36Mr. Parkinson, do you know what doesn't make sense to me? Your husband isn't a stupid
00:45:41man, is he?
00:45:42No, ma'am.
00:45:42No. Now, I don't drive a truck. But I know when I go to the store and buy two gallons of
00:45:49chicken soup with matzo balls and I go to put them in the car, I say to myself, Judy,
00:45:55it's possible that you're going to have to stop short, that a light's going to turn red.
00:45:59So I put the chicken soup in between the front seat and the back seat of the car and I move
00:46:06the seat so it's stable so that if my car stops a little short, because even if it stops
00:46:12a little short, my chicken soup would be on the floor of the car. So I make sure that
00:46:16it doesn't move. It just doesn't make sense to me why you wouldn't secure this toolbox
00:46:21any better. If you stop short, those tools are naturally going to move, right? The weight
00:46:25of the tools is actually going to move. Okay. So I just am putting this whole thing in my
00:46:29head. Do you need a permit to buy a gun in Arkansas?
00:46:33You do not have to have a permit to carry in Arkansas. It is an open carry state.
00:46:37But you have to make an application.
00:46:38You have to apply to buy a handgun or long rifle.
00:46:42Have you ever done that?
00:46:43Yes, I have. Multiple times.
00:46:45Oh, just a second. So the answer is yes.
00:46:47Yes.
00:46:48What have you applied to buy?
00:46:50Numerous guns.
00:46:51Which you still have?
00:46:52Yes.
00:46:53I assume that you keep those guns within the proximity of your home.
00:46:57They are all kept in the house, Your Honor.
00:46:59The next thing, according to you, the police show up at your door.
00:47:02That is correct.
00:47:03That is correct.
00:47:04And they have a conversation with you about a report.
00:47:06Yes, they did.
00:47:07That someone has, in your area, has complained that there were shots fired by you out of
00:47:15your truck during this road rage incident.
00:47:18That's what the statement says.
00:47:19That's what the statement says.
00:47:21And I assume that the police searched the truck.
00:47:25The police searched me.
00:47:27Did they search the truck?
00:47:28I gave the police the authority to search my truck willingly.
00:47:33They searched the truck.
00:47:37I told them they could.
00:47:38Mr. Parkinson, I know that you think that I'm stupid.
00:47:41I know that you must think that I'm stupid.
00:47:44Did you give the police permission to search your house?
00:47:47The answer is yes or no.
00:47:49No.
00:47:49Of course not.
00:47:50Because in your house, they would have found multiple guns.
00:47:54Correct.
00:47:54In your house.
00:47:55Just that's a yes or a no.
00:47:56In your house, they would have found multiple guns.
00:48:00Yes.
00:48:00You keep multiple guns in your house, but don't carry one around for protection.
00:48:05In your truck, when did they arrest you?
00:48:09I was arrested on August 2nd.
00:48:12Okay.
00:48:12And?
00:48:13I was told to call the village police department.
00:48:16I promptly called them, and they told me I had a warrant for my arrest.
00:48:19And?
00:48:20I was very shocked.
00:48:21And?
00:48:22And I was charged with felony assault, and I had to pay $1,080 to bond and fees to get
00:48:28out of jail.
00:48:30And?
00:48:30I was released from jail.
00:48:32And then on the 17th, is that correct?
00:48:3619th.
00:48:36The 19th of August, I had a court date.
00:48:40And?
00:48:40It was Noel Prost.
00:48:41Due to the request of the village police department for lack of evidence.
00:48:45Okay.
00:48:46And?
00:48:46So I'm out that amount of money for a bond for a false arrest because it's a false statement
00:48:52and half a day of murder.
00:48:53Okay.
00:48:53We're going to find out if it's a false statement.
00:48:55So far, I'm not thinking it's a false statement.
00:48:57I have to let that sink into you, Mr. Parkinson.
00:49:00So far, I'm not thinking it's a false statement.
00:49:03I'm going to hear the defendant.
00:49:04I know one thing for certain.
00:49:06You were involved in a road rage incident, and you were the perpetrator.
00:49:10Whether or not you flashed a gun, she's going to tell me.
00:49:14We certainly know that you have guns, according to you, multiple guns, in your house.
00:49:18I suppose you have a couple for you and a couple for your wife.
00:49:21Who else lives in your house with you?
00:49:22Just the two of us.
00:49:23Just the two of you.
00:49:24How many guns does he have in the house?
00:49:29So when I go around, this one...
00:49:31...gun while following her home.
00:49:34How many guns does he have in the house?
00:49:35We have two long guns that he used for hunting, and we each have a handgun.
00:49:38And you each have a handgun?
00:49:40Yes.
00:49:41Good.
00:49:41They are in travel cases that are locked.
00:49:43You want to know something?
00:49:44I don't believe that.
00:49:46Well, we have grandchildren that come over.
00:49:47When there are grandchildren, you may lock them.
00:49:49Okay.
00:49:50Now we're going to you, Ms. Burke.
00:49:51Did you see him when you cut him off?
00:49:55I did not.
00:49:55Let's start out with the fact that you were exiting the gas station.
00:50:00You didn't see him.
00:50:02You weren't paying attention.
00:50:03You didn't look that way.
00:50:05Whatever it was, you cut him off.
00:50:06So let's start from there.
00:50:08You got it.
00:50:08This gray truck comes up behind me, swerving and revving his motor and all that.
00:50:12Got as close as he possibly could.
00:50:14Why don't you show me over there?
00:50:15I will do that.
00:50:16Okay.
00:50:17There's two lanes going into the village.
00:50:22There's a left and a right lane.
00:50:23I go left.
00:50:24He goes right.
00:50:25Well, I get in front of him.
00:50:27And then he starts getting behind me, swerving his car back and forth, revving his motor.
00:50:30He is so close.
00:50:31He's probably closest to me and him.
00:50:33I mean, he's not a car length away.
00:50:35He's right up on my bumper.
00:50:36And revving his truck, revving his truck.
00:50:38And I'm going to speed him.
00:50:39But then I turn up, make a left.
00:50:40He's still right on me.
00:50:41Never lets up.
00:50:42It's kind of a tricky area because it's curvy.
00:50:46So when I go around this one S car, I hear a pop.
00:50:49And I'm like, oh my God, he just shot at us.
00:50:51I said, call 911.
00:50:52When I start coming back down again, I look in my passenger mirror.
00:50:56I saw the spark.
00:50:57I saw it.
00:50:58I'll never forget it.
00:51:00And he heard it.
00:51:00Even on the phone call, I think you can possibly hear it, he popped the gun again.
00:51:05And then he's on 911 talking to her and the lady's saying, be calm, be calm.
00:51:09And I'm leaning down in the car.
00:51:10He's trying to tell me to go.
00:51:11He looks like he's going on past us.
00:51:14But when he does that, he rolls down the window.
00:51:15And you could see him holding a gun in his hand.
00:51:17And he says something.
00:51:18I don't hear.
00:51:19I can't understand what he's saying.
00:51:20He's getting the license plate numbers.
00:51:21We thought he kept on going.
00:51:22So your son got the license number.
00:51:24Yeah, he got the license plate number.
00:51:25He's on the phone with 911 at this time.
00:51:27And that's what was given to the police?
00:51:29Yes, ma'am.
00:51:30Okay.
00:51:31Well, I got the 911 call here with us today.
00:51:33I would like to hear it.
00:51:34Step back.
00:51:37Can I hear the 911 call, please?
00:51:39Go, go, go, go.
00:51:41911, what's your emergency?
00:51:42Somebody was shooting at us.
00:51:44What?
00:51:45There's a problem.
00:51:46He was shooting at us.
00:51:49His license plate number is...
00:51:50I need our units.
00:51:51We got a vehicle that is...
00:51:54The complainant's on 911 saying the vehicle is shooting at them.
00:51:58I'm fixing to run the tag.
00:51:58Who am I speaking with?
00:52:00This is Leslie Scott Rogers.
00:52:02And you said, what kind of vehicle was it?
00:52:05It's a gray Toyota Tundra.
00:52:07Go.
00:52:07It's coming back on a gray Toyota Tundra, and that's what the complainant says.
00:52:11It's a 2014 Toyota Tundra.
00:52:13Okay.
00:52:14Start that 911 call all over again.
00:52:17Pay careful attention, because I thought at the beginning of this tape, I, too, heard a shot.
00:52:22Can we start again, please?
00:52:24Take your hand out of your pocket.
00:52:25Go, go, go, go.
00:52:279-1-1.
00:52:28What is your murder?
00:52:29Somebody was going to shoot at us.
00:52:31There it is.
00:52:32There it is.
00:52:33Got it.
00:52:33You can stop it.
00:52:34That doesn't sound like a gunshot.
00:52:36Mm-hmm.
00:52:36Your case is dismissed, Mr. Parkinson.
00:52:38Your case is dismissed.
00:52:39I have a counterclaim, so stand where you are.
00:52:41The counterclaim is by Ms. Burke for the emotional trauma that she, let's just talk about her, went through as a result of your road rage and shooting your gun at her, which you did.
00:52:54You probably didn't shoot it to hit her or to hit the car, because I don't think you're that stupid.
00:53:00Stupid, yes, but I don't think that's stupid.
00:53:02I think you did it to frighten her, just to frighten her.
00:53:06Then I think that you brought the gun that you keep in your truck when you work, maybe on your person, which you probably have a perfectly legal right to do.
00:53:14And you took the gun.
00:53:16You said, just in case something happens, because I did, in fact, shoot my gun in her direction, because I heard it on the 911 call.
00:53:23I better put it in the house.
00:53:25I better put it in the house.
00:53:26So you took the gun and you brought it into the house.
00:53:29And then you think, oh, police are here.
00:53:32Oh, well, search my truck.
00:53:34You won't find a gun.
00:53:36Search me.
00:53:37You won't find a gun on me.
00:53:39Don't search my house.
00:53:40And I guarantee you that you didn't say to the policeman when they came, I do have a gun, but it's locked in my house.
00:53:46Show me something where you told the police that you had a gun, but it was in the house.
00:53:50Nothing, because it didn't happen.
00:53:52Based upon that 911 call, the fact that you were involved in a road rage incident with her, tailing her at least three quarters of a mile, right on her tail, causing that 911 call, as far as I'm concerned, that's trauma.
00:54:06My heart would have been racing triple time, because I don't know whether behind me is a lunatic or just a stupid guy who can't control his temper.
00:54:17And his wife hasn't been able to beat it out of him for the last how many years you're married.
00:54:23Because there's no question he's done that sort of thing before.
00:54:27Maybe not with a gun.
00:54:29Maybe not with a gun.
00:54:30When was the last time, sir, prior to this time that you were arrested?
00:54:34When was the last time, prior to this time, that you were arrested?
00:54:39Year.
00:54:40Nineteen.
00:54:42Nineteen.
00:54:42Your age or 2019?
00:54:442019.
00:54:44Nineteen.
00:54:452019.
00:54:462019.
00:54:46For what?
00:54:47Now, don't think.
00:54:48I know that if I were arrested once, a couple of years ago, I would have remembered what it was.
00:54:54Well, I was arrested for supposed harassment, violation of no contact order.
00:55:01What else?
00:55:02No, don't look at her.
00:55:03It's been so many times, I can't remember.
00:55:05So, you've been arrested multiple times?
00:55:08Yes.
00:55:08Okay, good.
00:55:09Nice.
00:55:10You picked him.
00:55:11I don't see how this pertains.
00:55:13How does it pertain?
00:55:14I do exactly how it pertains.
00:55:14For your propensity for violence, sir.
00:55:16This has nothing to do with violence.
00:55:17No, it does have to do with her counterclaim.
00:55:20$5,000 is what your counterclaim is for, is that correct?
00:55:23Judgment on the counterclaim for $5,000.
00:55:25Your claim is dismissed.
00:55:26We're done.
00:55:27This court is adjourned.
00:55:28It was a very bad day.
00:55:30We do not carry weapons in our vehicles.
00:55:32I won't even go out at night anymore because I'm scared he's coming by my house.
00:55:35She described in the report a black weapon.
00:55:36We don't have a black handgun.
00:55:38The truth is I saw the guns.
00:55:39I think she created a situation by admitting she didn't see me.
00:55:42I don't understand why he would even say that.
00:55:44People want to drive stupid, let them, and just back off.
00:55:47The plaintiff was certainly not forthcoming.
00:55:50I let them search my truck.
00:55:53I let them search me.
00:55:55What about your house?
00:55:56Did you tell them I do have a gun, but it wasn't out?
00:55:58It wasn't me because I leave my guns at, my two long guns and my two short guns at home?
00:56:03You could hear the pop in the first part of that.
00:56:089-1-1 call.
00:56:09When he was hysterical.
00:56:11And believe me, he wasn't hysterical.
00:56:14Just because someone's tailing you.
00:56:15Just because someone's tailing you.
00:56:16You don't call 9-1-1.
00:56:17You pull into your house and you lock the door fast.
00:56:21You only do that if someone's pointing you.
00:56:23So there's no question.
00:56:25There's no question that he did that.
00:56:27How dare you put someone in fear purposely?
00:56:31You're just doing it to create a fear in someone.
00:56:34And to do that, especially to a woman driving in front of you in a small Camry, it says more about him than it says anything else, I think.
00:56:41At that moment, I put him in jail for five days and say, yeah, next time, don't do it.
00:56:47A labradoodle.
00:56:49Aaron says Kiara sold him a sick dog.
00:56:52Okay.
00:56:53In addition to not paying for it, which, you know, that's between you and your mother.
00:56:57That's something to do with the legality of your lawsuit because you can't sell something that you don't own and you don't own it until you pay for it.
00:57:04Right?
00:57:04My real problem with the two of you is you don't appear to be people without any common sense or brains.
00:57:11How do you not know that a puppy needs puppy shots before it can be involved with other dogs, walk around, be near other dogs, that it needs shots just like a baby does?
00:57:24Your Honor, I was aware of the fact that the dog was supposed to go for shots in September.
00:57:29No, it wasn't supposed to go in September, madam.
00:57:32I got the dog August 21st from my mom.
00:57:34My mom told me the following month that the dog was going to need shots.
00:57:38And that was only like a week or so from the August when I got the dog.
00:57:42So where did you get this idea that this puppy that you had didn't need shots before September?
00:57:48Your daughter a moment ago said September was the date because that's when your insurance kicked in.
00:57:54September 1st, yes.
00:57:55I got the idea from Tina, the person that I actually purchased the dog from.
00:57:59She told me that the dog would be due for his first shots the last week of August.
00:58:04But the problem is, is that he told us the dog had rabies.
00:58:08And I researched that.
00:58:09That it had rabies in the terms.
00:58:11Sure.
00:58:12Who told you the dog had rabies?
00:58:14Oh, not talking about him.
00:58:15That's why he didn't want to pay because he said the dog had rabies.
00:58:18Let me explain something to you.
00:58:19I don't know whether the dog had rabies or not.
00:58:21I know that you and your daughter were negligent.
00:58:24And your daughter has no claim because she didn't pay for the animal.
00:58:28You did.
00:58:29You're not the plaintiff.
00:58:30You paid $800.
00:58:31You sold it to your daughter for $900.
00:58:33And you sold it to him without shots for $1,600 of which he paid you five.
00:58:40No, ma'am.
00:58:40We had an agreement to pay the five.
00:58:42But I wasn't giving up nothing.
00:58:43Just a second.
00:58:44So you paid nothing?
00:58:45Nothing.
00:58:46No, ma'am.
00:58:46The first payment wasn't due until I got paperwork and everything on the dog.
00:58:50Okay.
00:58:51So you got the dog in October.
00:58:53Yes, ma'am.
00:58:53October 17th.
00:58:54Yes, ma'am.
00:58:54I'd like to see the vet bills after October 17th.
00:58:57I have that and I got her rabies shot certificate and things like that.
00:59:05This doesn't show me anything.
00:59:07Yes, ma'am.
00:59:08This shows me a surgery consult.
00:59:11No, he wanted to do surgery.
00:59:13Yes, ma'am.
00:59:14This isn't a vet bill.
00:59:17I've been doing this for 28 years.
00:59:19So if you're not going to be able to show me what I want, don't waste my time with the
00:59:24zh, zh, zh on the machine.
00:59:25Okay.
00:59:26If you don't have it, you don't have it.
00:59:28I don't have it on me, right?
00:59:29Then just say I don't have it.
00:59:30No, ma'am, I don't.
00:59:31Why don't you have the vet bill?
00:59:32We're not talking about forever ago, sir.
00:59:35Yes, ma'am.
00:59:35All you have to do is say to the vet, I'm going to court.
00:59:38I need a copy of my bill.
00:59:39That's ma'am.
00:59:40Do you understand?
00:59:41Yes, ma'am.
00:59:41Okay.
00:59:42I hate it.
00:59:42Now I want you to tell me, because I'm not crazy about either one of you.
00:59:46Uh-oh.
00:59:47You, because you were both negligent with regard to this puppy.
00:59:50You had no right to get a puppy if the two of you weren't emotionally or financially able
00:59:55to take care of it.
00:59:56You should certainly understand that when you get a puppy, when you buy a puppy, did
01:00:00you pay for it, by the way?
01:00:01I did.
01:00:02Okay.
01:00:02And if you paid $800 for a puppy, you ask certain questions.
01:00:07I've had dogs in my life for 70 years.
01:00:11Every time I purchase a dog, the person from whom I purchase it gives me a piece of paper
01:00:19that says when the dog was born, who the parents were, when it got its first shot, when
01:00:24it's got its second shot, when it's due for its third shot, that's what you get.
01:00:30And it's hard for me to comprehend that neither one of you really either understood it or just
01:00:36figured, well, I had the dog for six weeks, then I'm going to sell it to my daughter.
01:00:40I don't know if she'll want it.
01:00:41She doesn't want it.
01:00:42She's going to sell it to somebody else for twice as much as I paid for it.
01:00:45Because she sold it to him, allegedly, for twice as much as you paid for it.
01:00:49Sick.
01:00:50Sick.
01:00:51Where's the dog now?
01:00:52Well, I repeatedly asked him to come get the dog.
01:00:54I gave the dog to a friend of mine.
01:00:56Did you give the dog to him?
01:00:58Yes.
01:00:59No payment?
01:01:00None at all.
01:01:01Why?
01:01:01Well, because...
01:01:02Not well.
01:01:03Well is not an answer.
01:01:04I'm sorry.
01:01:04Well is not an answer.
01:01:05You understand that I have problems with your veracity already.
01:01:09Okay.
01:01:10So I just gave the dog away.
01:01:11I repeatedly asked him if they want the dog back.
01:01:14Just a second.
01:01:14Three dogs are in the house with us, which is what they call Katana, which we call Lucky.
01:01:19And then I have a little small chihuahua, a miniature chihuahua named Kimora.
01:01:23And then we have another dog that is called...
01:01:26What is her name?
01:01:27China.
01:01:28Yes.
01:01:28So we have three dogs in the house.
01:01:30But I had three.
01:01:31Now it's two.
01:01:32When did you give the dog away?
01:01:34It had to have been like December sometime.
01:01:36Your Honor.
01:01:37What?
01:01:37The only reason...
01:01:38I wasn't just trying to double charge him for the dog.
01:01:40I was trying to get the money back that I had put into the dog.
01:01:42My mom put that amount.
01:01:44Just a second.
01:01:44What did you put into the dog?
01:01:46I had to pay a lease agreement to have the dog.
01:01:50Who cares?
01:01:51What is that?
01:01:51I paid $500.
01:01:52Who cares?
01:01:53Well, when I was selling the dog, I was looking to get my compensation back.
01:01:57And that's what we agreed upon.
01:01:57That has nothing to do with some of the dog.
01:01:59We agreed upon that price for the dog.
01:02:02He's not paying you anything.
01:02:03Okay.
01:02:03He's not paying you anything.
01:02:05He gave the dog away.
01:02:06Would you tell me the dog got a rabies shot on October 31st?
01:02:10Yes, ma'am.
01:02:10What'd you need an x-ray for?
01:02:12Well, see, because she was throwing it up and we were trying to figure out what was going on with the dog.
01:02:16She was sick.
01:02:17So we had to take her to an emergency clinic.
01:02:19Wish that I explained that to them.
01:02:20Just a second.
01:02:21What emergency clinic?
01:02:22It's called hospital.
01:02:24Look it up.
01:02:26Get a number.
01:02:27I'm going to ask you...
01:02:28Yes, ma'am.
01:02:29If Sarah called this vet hospital...
01:02:32Yes, ma'am.
01:02:32And you gave them authorization, the dog's name that you gave the dog was what?
01:02:39Lucky.
01:02:40Lucky?
01:02:40Lucky.
01:02:41Yes, ma'am.
01:02:42Gave the vet hospital your name, the dog's name Lucky.
01:02:46Yes, ma'am.
01:02:47How much would they tell me that your vet bill was for Lucky?
01:02:54It was $1,022 and some change.
01:02:58Do me a favor.
01:02:59Call them.
01:03:00I want you to find out, Sarah, how much he paid and what was done to the dog.
01:03:05When you had the dog, Ms. White, and you said the dog was making all over your house and
01:03:14you had to get rid of it because you couldn't stand the smell, didn't you think that the
01:03:19dog was sick?
01:03:20No.
01:03:20She was in potty train.
01:03:21She was still a puppy.
01:03:22The smell of it was a lot for me being pregnant.
01:03:25It would cause me to be sick and nauseous all the time.
01:03:28He called me and he was like, why do you want to get rid of the dog?
01:03:30What's wrong with the dog?
01:03:31I said, well, nothing's wrong with her.
01:03:32She's just really active.
01:03:33I'm pregnant.
01:03:34Everything was fine.
01:03:35I told him then I didn't take her for her shot that she needed in September.
01:03:38He was fine with that.
01:03:40We agreed on the trial.
01:03:40No, just a second.
01:03:41Just stop there.
01:03:42You didn't take her for her shots.
01:03:44Yeah, in September, like my mom had told me I needed to.
01:03:48I did make him aware of that before he even came up there.
01:03:51You do understand that if I find that he, in fact, spent over $800, which is what your
01:03:58mother paid for the dog, over $800 in vet bills for this dog, you get nothing.
01:04:03Her husband agreed that the dog maybe got sick because the dog was eating out of the
01:04:07cat bowl, drinking the cat water from a stray cat.
01:04:10That would make a dog sick right there.
01:04:12Absolutely.
01:04:13So after the husband told me that, I already know what it was.
01:04:16Okay, Your Honor.
01:04:17As far as the shots, I understand that the dog was supposed to go and get his shots.
01:04:21And I did know that.
01:04:23And that's why I let him know that there was shots that I did not give the dog.
01:04:26It doesn't matter to me.
01:04:28It doesn't matter.
01:04:29Well, I just want you to know that I made him aware of it.
01:04:32And he was fine with the fact that the dog needed shots and paying for the shots that
01:04:36the dog needed.
01:04:36Paying for shots doesn't cost $1,000.
01:04:39It doesn't cost $1,400.
01:04:41It only costs that kind of money if the dog is sick.
01:04:44And she was sick.
01:04:45Yes, ma'am.
01:04:46Yes, ma'am.
01:04:48Your Honor, that's not what they informed us.
01:04:50I have three different messages, three different things that they told us.
01:04:52All I'm telling you is, I'm going to see if I can get a response on the phone, if I can.
01:04:58If he paid anywhere near $800 to the vet to take care of a sick puppy.
01:05:04End of story.
01:05:05Hi, this is Sarah Rose, and I'm a law clerk for Judge Judy Scheinlin with the show Judy Justice.
01:05:11And we have a case in front of us right now regarding Aaron Coker and his dog Lucky,
01:05:16who came in, and I just needed a write-up of what he paid, as well as what the dog received.
01:05:25Okay, so you have no record of him then?
01:05:28I do not.
01:05:29Okay, no problem.
01:05:30Thank you very much for your help.
01:05:31You're welcome.
01:05:33The fact that you never had a dog before, that you didn't know, that you were pregnant,
01:05:37that you were nauseous, all is meaningless to the dog that was neglected.
01:05:43Meaningless.
01:05:43Now you can sit down.
01:05:46Your Honor, I have a question.
01:05:48I don't answer questions.
01:05:49Okay, well...
01:05:50I ask questions.
01:05:51Yes?
01:05:52They had no record of Aaron Coker or Lucky.
01:05:56This was less than a year ago.
01:05:59You can get a vet bill.
01:06:02Yes, ma'am.
01:06:02You knew you were coming to court.
01:06:04Yes, ma'am.
01:06:05Okay.
01:06:05Ms. White, first of all, you had an animal that you hadn't paid for, so you had no right to sell it.
01:06:10I actually find that your conduct and your mother's, although not intentionally negligent with regard to this dog, was in fact negligent.
01:06:18And you sold him a dog that he got rid of after he took her to the vet, because I believe he probably took her to the vet because she was sick.
01:06:26Did you have a cat?
01:06:27Yeah, there was a stray cat outside, and they would sleep next to each other outside in the backyard.
01:06:34The cat and the dog, like, they would just be out there taking a nap together when I went outside.
01:06:38You do understand that puppies can get sick from other animals, cats or dogs.
01:06:45They don't discriminate whether it's a cat or a dog that has an intestinal bug, and you have a cat outside that you feed outside.
01:06:53Yes, Your Honor, I'm not denying that the dog needed its shots.
01:06:56I know that it's needed its shots, and I know that it could have contracted worms because worms is something it can get.
01:07:01I learned that after the fact.
01:07:02Or other things.
01:07:04The dog was completely healthy when I gave him the dog.
01:07:06He even sent me a picture of the dog playing with his other dog when he received the dog.
01:07:11Maybe, maybe, and maybe the dog got sick hanging around with his other dogs.
01:07:16That's possible.
01:07:17But they changed the story three different times, and I have all the messages of them changing their story every time for what was actually wrong, for why they wouldn't pay me the money for the dog.
01:07:27First of all, you didn't pay any money for the dog.
01:07:30I paid to have the dog in my home.
01:07:32Who cares what you paid your landlord?
01:07:34I don't care what you paid.
01:07:36No court cares what you paid your landlord in order to have a dog.
01:07:39Nobody cares.
01:07:40You didn't pay for the dog.
01:07:42There is a certain amount of fairness that if your mother is owed money for this dog, and even though she was neglectful of this animal, he really had no right to turn around and give it away to somebody else.
01:07:54And I'm not so sure that after he got a six-month-old dog well again with all the shots, that there was no money exchanged with regard to the dog.
01:08:02I'm not so sure, sir.
01:08:04Well, I didn't charge anybody.
01:08:05I asked them numerous times.
01:08:06They wouldn't come and get the dog.
01:08:08It was just getting out of hand.
01:08:09Well, it was getting out of hand because, sir, you hadn't paid them any money.
01:08:13You wouldn't be supposed to make your first payment.
01:08:14Like November 10th or 11th.
01:08:16Okay.
01:08:17And you had the dog until December.
01:08:19Yes, ma'am.
01:08:20Why didn't you make your first payment?
01:08:21Because the dog was sick, and I've been asking them to come get the dog.
01:08:24First of all, you can't tell them to come and get the dog because you bought it.
01:08:27You bought it without a contract that said it had a health guarantee, a health warranty, whatever.
01:08:31That doesn't mean she's getting a penny because she didn't pay for the dog.
01:08:34Okay.
01:08:34You had an arrangement with her.
01:08:36Yes, ma'am.
01:08:36To pay her in November.
01:08:38You didn't do it.
01:08:38Yes, ma'am.
01:08:39Now, stand up a second.
01:08:43Did your daughter agree to pay you back after she got paid from him?
01:08:47She did.
01:08:48You see, my problem is I could dismiss your case, and then your mother would have to come back because she's the actual owner of the dog because you didn't pay for the dog.
01:08:54And there is no way that you're getting twice as much as what you paid for the dog.
01:08:59But I don't think, Mr. Coker, that you're being honest.
01:09:02You certainly didn't bring me the proof.
01:09:04You certainly didn't bring me evidence that was either in your possession or capable of being in your possession.
01:09:10And I don't think that these people in Buford who spoke to her were lying to her when they said they don't have you in their system with a dog whose name is Lucky.
01:09:18Then you have to pay something for this dog that you just gave away because I'm not so sure that you just gave it away.
01:09:24The only sadness for me in this entire case is that this poor puppy had, by the time it was six months old, four different owners, all of whom were neglectful.
01:09:37You, you, and I don't know about the person that you ultimately gave the dog to.
01:09:43I don't know whether that person is going to be using or abusing her because, according to you, he got her for free.
01:09:49And even those shelters that really have rescue animals, they charge something because they want people to have a certain financial investment in taking care of a pet before they give you a pet.
01:10:02So that you gave what was an expensive dog to this person for free is something that I don't buy like I don't buy the vet bill.
01:10:11You get $100 for the dog.
01:10:13Judgment for the plaintiff in the amount of $100.
01:10:15That's it.
01:10:16Next time, take better care of animals.
01:10:17This court is adjourned.
01:10:22I mean, it was a fair judgment.
01:10:24I wish I had brought the right document with me that I didn't, so.
01:10:27He lied about having the bills and he gets to get away with not paying it.
01:10:31It was a family feud between the mother and the daughter and now the mother is standing with the daughter now, so.
01:10:37She was completely healthy and he knows that.
01:10:39She was sick.
01:10:40She was small.
01:10:41He just didn't want to pay that much for a dog.
01:10:43I'm happy she found a great home.
01:10:45That was one of the few cases in my career where I really had a tough time making a judgment.
01:10:53Yeah.
01:10:53Sarah.
01:10:53And I don't necessarily disagree with your judgment in the end.
01:10:57I know it was meant to be sort of a wrist slap to the defendant, of course, for being, you know, a little untruthful in multiple parts of his story.
01:11:04But technically, the plaintiff was not the right plaintiff.
01:11:08You know, you really can't at the last minute just substitute one plaintiff for another.
01:11:12They were just foolish and neglectful of this puppy and got it for all the wrong reasons.
01:11:19His story about this $1,400 vet bill was untruthful.
01:11:24And I knew it was untruthful because if you print up that piece of paper, the vet logo would be right all over that.
01:11:32The vet logo was on top and it doesn't say range of treatment, proposed bill.
01:11:38It looks that way when a defendant prepares their own statement.
01:11:41The vet logo is on top and it doesn't say range of treatment.
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