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00:00You are alleging that when they vacated the premises...
00:03There was an overwhelming smell of marijuana.
00:05That's not true.
00:06It still smells like marijuana, and it's been six months.
00:08That's ludicrous.
00:09It smelled from marijuana, which you were growing and smoking in that room.
00:14He was not smoking it.
00:16You don't want to appear to be stupid, do you?
00:19This is Judy Justice.
00:50You don't want to appear to be stupid, do you?
01:00The defendant, you're her son, is that right?
01:02Yes.
01:02We're tenants of yours for a period of time, and you are alleging that when they vacated the premises,
01:08the damage that they did to the premises certainly exceeded the amount of money that they had deposited as security.
01:15You kept their security, and you claim that they owe you additional money for the additional damage.
01:19That's correct, Your Honor.
01:20The defendants say that they did not cause any damage to the property.
01:24They are suing for the return of their security, and some other nonsense about harassment and constructive eviction,
01:31which happens to be nonsense since they moved out voluntarily.
01:34When did they sign their initial lease with you?
01:37It was in April... I'm sorry, May of 2021 is when their initial lease began.
01:42And what kind of premises is it?
01:44It's a 3,100-square-foot, five-bedroom home.
01:47Who lived there on the lease?
01:49On the lease, it was Mary and Kenneth only.
01:51The two people?
01:51Yes, ma'am.
01:52Okay, and what rent were they paying in 2021?
01:55It started at $28.50.
01:56And what was the term of the lease?
01:58I believe a year initially.
02:00And was it renewed for a second year?
02:02It was, ma'am.
02:03And for a third year?
02:04I believe the third year went into a month-to-month basis based on the monthly amount that was set
02:09in the second year.
02:10Okay.
02:10Was there any rent increase the second year?
02:13From the first to the second year, there was.
02:14There was.
02:15How much?
02:15$28.50 to $3,000.
02:17Okay, and then there came a time when you advised them that you were raising the rent?
02:20Yes, ma'am.
02:21And the defendants did not wish to pay that additional rent.
02:25It was too much.
02:26And they moved out.
02:27Tell me when you advised them that the rent was going to be increased.
02:31That's when you were on a month-to-month lease.
02:33Yes.
02:33That was around March that I advised Mary that I'd be increasing at 10% to $3,300.
02:40And when did they advise you that they intended to leave?
02:43And she took a few weeks but got back to me and said they would be vacating the property.
02:47And when were they supposed to vacate?
02:49She came up with the date of April 14th.
02:51Is that correct?
02:52Yes, it is.
02:53And did they move out on the 14th of April?
02:56They did.
02:57Prior to that, we did a walk-through.
02:59On what date?
03:00I believe that was also on the 14th.
03:02They had moved all of their property out.
03:04So you did a walk-through on the 14th?
03:06Yes.
03:06And what did you find?
03:08As we walked through it, I noticed some things that weren't overly concerning at the time.
03:12But once we went into the garage and the downstairs area near the garage, there was an overwhelming smell of
03:17marijuana.
03:18Were they with you when you went out?
03:20Mary was, yes.
03:21And did you discuss it with her?
03:23I did.
03:24And what did she tell you?
03:26Well, there was two parts, Your Honor.
03:27There was one part where they had tapped into a water main that comes into the house to provide the
03:32irrigation or the water to the marijuana.
03:35And the overwhelming smell.
03:37And Mary's response was, Kenneth smokes weed.
03:40But she denied anything about marijuana grow.
03:43And based on 17 years in law enforcement, it was overwhelmingly apparent to me that it was a marijuana grow.
03:49Okay.
03:49Somebody was doing some gardening, right?
03:52Yeah, I was.
03:52Absolutely.
03:53So I want you to describe to me the gardening that you were doing in the garage.
03:58Well, as you said, it was cannabis cultivation.
04:00Okay.
04:00Tell me about it.
04:02Tell me about it.
04:03How many rows of marijuana plants did you have?
04:06So it was a three-car garage.
04:07The previous tenant framed out, like, about a 10 by 8 room inside that garage.
04:1210 by 8?
04:13Yeah.
04:14And I had a 4 by 4 tent inside of there with six plants.
04:17Hold on.
04:184 by 4 tent?
04:20Yes, ma'am.
04:20Okay.
04:21Yes.
04:21And it had six plants in it.
04:22And how did you water them?
04:24I did have the...
04:26Just make sure you give me an answer.
04:28I had a hose there, but I also didn't install that.
04:31That was a previous tenant.
04:32That installed what?
04:34The hose that he was referring to, the water line.
04:36Ma'am, if I may?
04:37Yes.
04:37They offered to come and repair the piping that Kenneth had apparently done.
04:43I have text messages of him saying...
04:45Oh, interesting.
04:46Mr. Peelman has text messages with regard to you saying that you will repair pipes.
04:51Yeah.
04:52I didn't hear anything about pipes.
04:55Stop!
04:55Speak.
04:56Okay.
04:57I didn't hear anything about pipes.
04:59I heard a hose.
05:01Did you, in fact, modify pipes that were in that garage?
05:04I did not modify the pipes at all.
05:06I did make a hole, though, in the drywall.
05:08To do what?
05:09Just a second.
05:09For venting.
05:10To run a carbon filter.
05:12It filters out the air so you don't smell anything.
05:14Just a second.
05:15Well, what did you have to go in through the wall for?
05:17To exhaust the air out of the room.
05:19I have pictures of all of the...
05:21Can I see?
05:21Yes, ma'am.
05:22And the text messages, please.
05:23Yes, ma'am.
05:24And if you'd like to, Your Honor, I have a lease that they violated by cultivating the marijuana.
05:30It clearly says in my lease, no cultivation of marijuana.
05:32I'd like to see it.
05:34It's the lease.
05:35I'd also like to add that the water line I was referring about, he had a water filter there that
05:40a previous citizen installed.
05:41It started leaking.
05:42I cut it out, made a repair.
05:44Just a second.
05:45So the answer is, you did, in fact, cut into a pipe.
05:50Yes.
05:51Overall, living there, I cut into multiple pipes and made multiple corrections.
05:54And he was aware of everything I've done.
05:56Just a second.
05:57Here's a picture of the pipe that he's talking about.
06:00I'll get to it in a second.
06:01Okay.
06:01I'm just getting past, what's your last name?
06:04Miller.
06:05Miller, I'm just getting past what your son told me, which was, initially, that he screwed a hose into an
06:13existing place in the garage for water.
06:16Well, that, a layperson understands.
06:19As we proceed, we find out that he did, in fact, cut into pipe in the house.
06:24Whatever the pipes were, you cut into them.
06:27Yeah, but...
06:28Oh, so that's a yes.
06:30Yes.
06:30Okay.
06:31And they were water pipes.
06:33That's a yes.
06:34Yes.
06:34Perfect.
06:35Now we're getting somewhere.
06:39I'd like to come over and clean it and paint it.
06:42Yeah, of course.
06:43I wanted to help with the smell.
06:43Just to say, that's a yes, of course.
06:44I was planning on using an ozone generator to take care of the smell.
06:48I don't care whether you were planning on using something that they make on Pluto.
07:01Nicholas Puhlman claims his former tenant, Mary Miller, and her son, Kenneth Chandler, breached their lease by growing marijuana in
07:10the garage.
07:11Mary and Kenneth are countersuing for their security deposit.
07:15Okay, so that the text messages, when they refer to pipes, they were referring to water pipes that you did,
07:21in fact, cut into.
07:23Yeah.
07:23Perfect.
07:28Okay, this is from you, and this is on April 21st.
07:33Hey, Nick, Mary was saying the room in the garage smelled, which is where you were growing marijuana.
07:39Mm-hmm.
07:39I would like to come over and clean it, as well as paint it, if you don't mind.
07:44Well, that sort of acknowledges that you know and that you understood from your mother, who said to you, it
07:52smelled down there.
07:53Right?
07:53No.
07:54Okay.
07:54I never smelled anything.
07:55Mary was saying...
07:57Because he said it smelled.
07:59Is what you're telling me, Miss Miller, I want you to think very carefully about your answer to this.
08:05When you did a walkthrough with the plaintiff and you went to the garage, are you telling me that he
08:12did not say to you, this smells in here?
08:15Initially, no.
08:17Judge, you mean in the same day?
08:20The same day did he say to you, it smelled?
08:24Okay.
08:25Judge, that's a question and that's an answer.
08:27The same day that you did the walkthrough, did he say to you, it smelled?
08:34Once he opened the room, he says, it smells like weed.
08:38And I said, oh, really?
08:39I don't smell it.
08:40Really?
08:41I didn't.
08:42Well, make just a second.
08:43I said, I know my son kept this weed in there.
08:45It's possible.
08:45It's possible.
08:46I just want you to think about what you're saying to me and what common sense dictates, okay?
08:51So I want you to think about that because you don't look like an unintelligent woman.
08:55No, I'm not.
08:55Okay.
08:56So that you open up a room, you're doing a walkthrough.
08:59The person with whom you're doing the walkthrough doesn't open up a door.
09:04And by this time, everything was out of the house.
09:06All of the marijuana plants were out of the house.
09:08They were all gone, correct?
09:10Yes.
09:10So I would assume there was no evidence of marijuana growing in there when you walked
09:16in because he had taken out all of his plants.
09:18That would be true.
09:20No, actually, because if you listen to what the plaintiff testified.
09:24No, no, no.
09:24I don't want to hear what he testified.
09:26I'm asking you a question.
09:28Had your son removed the marijuana plants from the room?
09:32Yes.
09:32But you're saying there was no evidence of it.
09:35Well, other than the smell, what would be the evidence of it?
09:38As he testified, his 17 years of detective work.
09:42No, no, no, no, no, no, no, no.
09:43Mary, is that your first name?
09:45Yes.
09:46Listen to what I'm saying to you.
09:47You don't want to sound like an unintelligent woman.
09:50He did not open up the door where there was no other evidence of marijuana growing.
09:57He didn't say, oh, my God, it smells like a skunk in here.
10:02Oh, my God, it smells like the toilet backed up in here.
10:05Oh, my God, it smells like somebody left their garbage here.
10:10He opened it up and said, according to you, this smells of marijuana in here.
10:17Now, unless he was like Johnny Carson's Karnak, what is it in this envelope?
10:22You know, what's the question?
10:24I see the old people actually understand that.
10:28Then he either had to be a soothsayer or it smelled from marijuana.
10:34Now, how do I know that it smelled from marijuana?
10:37I know it smelled from marijuana because your son said, my mother says the room smelled from marijuana,
10:45which means he knew about it, and do you want me to come over to not only clean it, which
10:51you should have done before, right?
10:54Absolutely.
10:54Before you left, which you didn't, because you say here, I'd like to come over and clean it and paint
11:01it, which you thought would take away the smell.
11:04Yeah, of course.
11:04Just to say, that's a yes, of course.
11:06I was planning on using an ozone generator to take care of the smell.
11:09I don't care whether you were planning on using something that they make on Pluto.
11:14Your text indicates that you realized that you should have cleaned the place and maybe painted it so that it
11:23didn't have the smell of marijuana.
11:25Although what I did meant is she let me know that he believed it smelled like it.
11:30That's not what the text message reads, the way you're explaining it, but what I meant is you said to
11:36my mom, it smelled.
11:38It said it smelled from marijuana, which you were growing and smoking in that room.
11:42He was not smoking it in the room.
11:44Oh, just outside.
11:46That's correct, in the backyard.
11:47Which is also a violation of the lease.
11:50Okay.
11:50Okay.
11:51It's right in your lease.
11:52Did not see it.
11:53Well, that's too bad whether you saw it or not.
11:55It's right in your lease.
11:56Tenants shall not use the premises to plant, grow, cultivate, or sell marijuana.
12:01No smoking of any substance is allowed in the premises or common areas.
12:05Okay.
12:06Can I see what work you did in that room, which is really what you're complaining about?
12:12Actually, the smell permeated throughout pretty much the entire downstairs.
12:17It still smells, Your Honor, to this day.
12:19I was just there three, four days ago, and it still smells like marijuana.
12:23It's been six months.
12:24You have new tenants in there now?
12:25I do, ma'am.
12:26Okay.
12:26And when did your tenants move in?
12:28They actually moved in the day after they moved out, but I had to give them half a month
12:31for free because of the smell.
12:33Your Honor, I would like to call my witness who walked through with me and Nick during
12:39this walkthrough that he's insinuating.
12:40I would absolutely love to hear your witness.
12:42Absolutely.
12:43Let's be very careful.
12:44Come on up.
12:45Tell me your last name.
12:46Kelly Chandler.
12:47Kelly Chandler.
12:48Ms. Chandler, how do you know them?
12:50That's my mother and my brother.
12:52Oh, so your witness is your daughter?
12:54Correct.
12:54What were you doing in the house on April 14th?
12:56I used to be a property manager, so my mom asked me to kind of do a walkthrough with
13:01her since I knew...
13:02Walkthrough with her and the plaintiff?
13:04Correct.
13:05So she was with you when you did the walkthrough?
13:07She was, Your Honor.
13:07Great.
13:08So we did the walkthrough, and I advised my mom prior to my knowledge, you know, the batteries.
13:13No, no, no, no, listen to me very carefully.
13:15Don't give me a hold, Geshecht.
13:17I'm not interested.
13:18Okay.
13:18Is what you're going to tell me that there was no smell in the garage?
13:23There was...
13:23Don't look!
13:25I want you to tell me, which they both acknowledge, by the way, and I want you to sort of
13:31remember
13:31what I just said.
13:32Right.
13:32He didn't open the door and say it smells like a skunk, urine, backed-up sewer, like
13:38somebody vomited, or dirty socks.
13:40He said it smells badly from marijuana here.
13:44That was, you think, just a good guess?
13:47Listen, look at me.
13:48Do you understand?
13:49You don't want to appear to be stupid, do you?
13:52I don't.
13:52You think it was just a good guess?
13:55No, but I will say, while I was there, once the walkthrough with him, he did not mention
13:59anything of a smell while I was there.
14:01Well, I want to tell you something.
14:03Your mother says that day, the 14th of April, whether you were present or not, when the
14:10plaintiff said to your mother that it smells from marijuana here, what you're saying to
14:18me is, well, I was down there.
14:20I didn't smell it.
14:21Is that what you're...
14:22I just want to know exactly who my witness is.
14:25Is it your statement to me that when you did the walkthrough, you want me to believe that
14:31you smelled nothing in the garage?
14:33What, I personally?
14:35Don't look down.
14:36Do you understand?
14:36That's the problem.
14:38That's how you know.
14:40Camera catches that.
14:41Do you understand?
14:44We walked through the entire house and the entire garage, and he never mentioned once
14:49about it.
14:50Who cares?
14:50And then he opened it later and smelled it.
14:53It was central to the garage.
14:55So, madam, why are you making excuses?
15:07Nicholas Peelman has accused his former tenant, Mary Miller, and her son, Kenneth Chandler,
15:14of wrongfully growing marijuana in the garage.
15:17Mary and Kenneth are countersuing for the return of their security deposit.
15:22Okay.
15:22I did smell something in the garage, yes, but when I was there...
15:25Just, that's my question.
15:28Now.
15:28The whole house?
15:29No.
15:30I didn't ask you about the whole house.
15:32I asked you in the garage.
15:34What was it that you smelled?
15:36No, look at me.
15:37Marijuana.
15:38Okay.
15:38Now you can sit down.
15:40Okay.
15:41But can I...
15:42Don't say something, please.
15:43About what?
15:44So what she is trying to say is we walked through the entire house and the entire garage,
15:49and he never mentioned once about it.
15:51Who cares?
15:52And then he opened it later and smelled it.
15:54It was central to the garage.
15:57Who cares?
15:57Madam, why are you making excuses for somebody who broke their lease, who...
16:02What do you mean, but?
16:04No, listen.
16:04Who allowed that to happen in their house, whose witness says,
16:07I smelled marijuana when I went into the garage.
16:11That's what she just...
16:12That's what your daughter just said.
16:13You're not a duh, are you?
16:15Your witness just says that when she did the walkthrough with you, she smelled marijuana in
16:22the garage, despite the fact that there was no other physical evidence of marijuana because
16:27he had taken out all the stuff.
16:29Didn't you hear that?
16:30That's a yes or a no.
16:32Did you hear your witness?
16:33I did hear that.
16:34Okay, you did.
16:34I'm just adding to it.
16:36I didn't ask you to add anything.
16:38Okay.
16:38You violated the lease.
16:40Can I see the bills and funds you spent?
16:41Can I say one more thing, too?
16:43To my understanding, when there is a violation of the lease, he has three days to let us know
16:48that we have violated the lease, and we can either fix that or we can move out.
16:53He has personally been in that house at least six times during our entire tenancy, never
16:59once mentioned the smell of wheat, never once gave us a, hey, you're violating the lease.
17:04Don't do that.
17:04Tell me, just a second.
17:06Tell me, Ms. Miller, in the times that he visited the house, did he go to the garage?
17:12Yes.
17:12And when he went to the garage, was it during a time that your son was growing marijuana?
17:16Yes.
17:16Is that correct?
17:18Yes.
17:18I think I went in the garage one time in the three years that they lived there.
17:21That's not true.
17:22Your Honor, that's all one quote.
17:23The first, the 5,400, is for the heat treatment.
17:26It's a specialized treatment because I've used chemicals and the ozone thing that Kenneth
17:30was talking about.
17:31I've tried everything to get rid of the smell so that what they have to do now is a heat
17:34treatment
17:34where they actually heat the house up to 150 degrees.
17:38But I would like to point out, someone's lived there for six months and he hasn't done anything,
17:41but it's so uninhabitable.
17:41I can't afford to do it.
17:42Just a second.
17:44You have a tenant there.
17:46Currently, yes.
17:46You have a tenant there.
17:47And how much was their security deposit that you kept?
17:51How much of their security deposit?
17:52How much was their security deposit?
17:54$3,000.
17:54So if you have a quote of $5,000.
17:58It's actually $7,800.
17:59It's a three-part quote because of the treatment type that they have to do.
18:03They have to shut off the fire sprinklers and the duct work.
18:06And we lived there for three years and it was habitable during that time.
18:10Well, listen.
18:11But he hasn't done anything in six months.
18:14Listen to me, if you want to live a certain way and be surrounded by occasionally, even
18:19in the backyard, I mean, this is a house that looks like it's in a community.
18:23Where do you live?
18:25California.
18:25In California.
18:27And you're allowed to smoke marijuana outside in California.
18:30That I know because I walk down the street here.
18:32Because I walk down the street here and I smell it.
18:35And these houses are pretty close together.
18:37So you grow marijuana.
18:39And I assume since you grow marijuana and don't sell it, but use it for your own use,
18:44that you smoke marijuana regularly.
18:47I mean, not every day, but regularly.
18:49About once a week on the weekends, you know.
18:51You mean you only smoke marijuana on the weekends and you went through this elaborate system in
18:56the room to cultivate marijuana for your own use?
18:59Yeah, I like to know that I'm doing it organically.
19:02There's no pesticides or poison on when I'm intaking on my body.
19:05For your recreational use on the weekends, once a week.
19:08Absolutely.
19:09Yeah, do you know why?
19:10Okay.
19:10Okay, I've looked at this, sir.
19:13Thank you, ma'am.
19:13Your counterclaim is for the return of your security deposit.
19:16Yes.
19:17That you're not getting.
19:18And how about the fact that he refused us, he waived his right to have us fix the things
19:23that we said we were going to fix.
19:25Also, by law, once he waives his rights, he cannot charge us for him.
19:28Just a second.
19:29I didn't see that he waived anything, madam.
19:31On the text message that he gave you and the text message that I have as well,
19:34he says, no worries, I'll take care of it.
19:37No, no, no, no, no.
19:39He said he didn't want your son to do it.
19:41You're not a plumber, are you?
19:42Yes, he is.
19:43I am.
19:43Really?
19:44You're a licensed plumber?
19:45Yes, ma'am.
19:45Oh, that's interesting.
19:47Did you know that?
19:48I did, and I saw the work that he did, and I wasn't wanting to use his services.
19:51That's your choice.
19:53Interesting.
19:54You let the owner of the house determine what's best for eliminating a problem that you created.
20:00But the text message, madam, that you're referring to merely says, I don't want you to do this.
20:07I'll take care of it.
20:08That doesn't mean I'm not going to come back and charge you for it, but I don't want you
20:11back in the house to deal with my house.
20:14Now, you have $3,000 of her money.
20:17Yes, ma'am.
20:17And I'm awarding you an extra two to finish the job for $5,000.
20:21If you can do it, great.
20:22I would suggest you do it.
20:23Can I have it?
20:24That's it.
20:24We're done.
20:25Thank you very much.
20:25Thank you, Your Honest Court.
20:26Thank you, Your Honest Court.
20:26Dejourn.
20:32Obviously, I'm disappointed.
20:34I thought it was a fair decision.
20:35It was just six plants with a four by four tent.
20:37It was a pretty small grow, relatively.
20:40I mean, he likes to act like it was a commercial grow operation, and that's just simply not
20:44true.
20:44I think there was some lease violations.
20:46They may have not known that they were violating, but at the end of the day, I'm glad it's over.
20:50You know, she made her decision, and I'm ready to move on, to be honest.
20:54No more grow rooms, for sure.
20:57It's a good tutorial for everybody about reading your lease.
21:02I was just thinking that.
21:03Right.
21:04Because in California, there's nothing wrong if you want to grow six marijuana plants,
21:08but do it in either somewhere that you own or somewhere that you know, word for word,
21:13cover to cover of your lease.
21:15If it's not illegal in the jurisdiction where you live, that's one thing.
21:20But if you sign a contract, and you say in your contract that you're prohibited from growing
21:27or cultivating, and it's specific.
21:29It's specific.
21:30I think people have gotten entitled since it's been legalized in their thinking that,
21:35oh, well, it's legal so I can do it, or it's legal so there are no rules of where,
21:39when, why, how, you know.
21:41But there are private parties like the plaintiff who, for whatever reason, he's allowed to
21:45decide that he doesn't want any marijuana being smoked, grown, anything in his property.
21:50You can have, there are signs all over the place.
21:52This is a smoke-free premises, whether it's in a hotel.
21:56I think all of Beverly Hills is a smoke-free premises.
21:59Well, not for marijuana, because there are people that walk all over smoking marijuana.
22:03I'll show you the sticker next time.
22:05It's all around.
22:06I'll show you.
22:07Yeah.
22:07Well, read your contract.
22:09Yeah.
22:10Read it.
22:10You are responsible for your contract.
22:12And I, quite frankly, do not buy the fact that you cultivate a room full of marijuana plants
22:19because occasionally on the weekend you want to smoke weed.
22:23Yeah.
22:24Yeah.
22:24For yourself.
22:25Yeah.
22:26Yeah.
22:26I don't buy that.
22:28Have you been cheated?
22:30Go to JudyJustice.tv.
22:46Go to JudyJustice.tv.
23:05Go to Judy Justice.tv.
23:06Go to Judy Justice.tv.
23:07Go to Judy Justice.tv.
23:10Go to Judy Justice.tv.
23:11Go to Judy Justice.tv.
23:11Go to Judy Justice.tv.
23:11Go to Judy Justice.tv.
23:12Go to Judy Justice.tv.
23:12Go to Judy Justice.tv.
23:13Go to Judy Justice.tv.
23:13Go to Judy Justice.tv.
23:13Go to Judy Justice.tv.
23:14Go to Judy Justice.tv.
23:14Go to Judy Justice.tv.
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