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00:00You were assaulted.
00:01Correct.
00:06It looked like I pushed him.
00:08He set me up for battery.
00:09I don't know how plain and simple that is.
00:11I don't believe a word you're saying.
00:13If I may?
00:14You can do whatever you like, sir.
00:15I'm not buying it.
00:17This is Judy Justice.
00:36Asvaldo Diaz is suing his former landlord, Hugo Garcia,
00:42for false arrest, wrongful eviction, property damage,
00:45and an assault.
00:47Court coming to order.
00:48All rise.
00:51Have a seat, please.
00:54Judge case 4081, Diaz versus Garcia.
00:57You're welcome.
00:58Mr. Diaz.
00:59Yes, Your Honor.
01:00Mr. Diaz, you were Mr. Garcia's long-term tenant.
01:03You were his tenant for seven years.
01:05You and your wife purchased some sort of an RV.
01:08Correct.
01:08And you were moving out.
01:09It is your claim that there was some damage.
01:13You claim that the defendant assaulted you.
01:17And you claim that the defendant,
01:18because he refused to cooperate with you,
01:22had you falsely arrested.
01:24Yes, Your Honor.
01:24The defendant says that you assaulted him.
01:27You damaged his property.
01:29And you each claim damage in the amount of you in the amount of $10,000.
01:35He in the amount of $5,000.
01:37So tell me, when did you become his tenant?
01:40Oh, I'm not sure the exact date, but seven years ago, my wife would know.
01:45Tell me what kind of property you rented.
01:49Um, we rented a room.
01:51We answered an ad from Craigslist.
01:53One room?
01:54One room for rent.
01:55In what kind of property? A house?
01:57It was a mobile home.
01:59And it was the back master bedroom with its own bathroom shower.
02:04And we sealed the door off from the rest of the house,
02:07because we had our own back patio as our entrance.
02:09Who else lived there?
02:10Our landlord and his tenants.
02:12He rented rooms.
02:13How many other rooms were there in this mobile home?
02:16I don't know.
02:17It's a two bedroom.
02:18So who else lived there other than?
02:20Just me and him.
02:21And then I had some friends over sometimes.
02:23How much was his rent?
02:24It was $700.
02:25Paid regularly?
02:26Yes.
02:27Oh, tell me what happened when he told you he was leaving.
02:30Oh, yeah.
02:30We had agreed that he was going to leave in August.
02:33August of this year?
02:34Yes.
02:35Prior to that, he had already agreed to leave years before, and he wasn't.
02:39So I finally was able to evict him.
02:42Well, why did you want to evict him?
02:43Wasn't he paying rent?
02:44Yeah, he was, but it was just when he wanted to and how much he wanted to.
02:48And he was, we were playing, pretty much playing on his role when it shouldn't have been like that.
02:52And he was being a nuisance.
02:54When did you evict him?
02:55September.
02:56Of this year?
02:57Yes.
02:57September of this year.
02:58And you're not suing him for any rent?
03:01No.
03:01Which means, as far as I'm concerned, he's paid his rent.
03:05Yes.
03:06Okay.
03:07All right, sir.
03:07Now I'll hear you.
03:09I told him of a Zoom meeting I had in which I was going to try to get help to
03:14leave.
03:15I wish I would.
03:16But you were going to try to get what?
03:18Uh, help to leave, to get into my, I own a home in Rancho, and I need to get back
03:24onto
03:24that property.
03:25Um, we got, uh, room for rent because my sister-
03:29I don't care why you got it.
03:30You've been there for seven years.
03:31Yes, ma'am.
03:32So we had the altercation when he was basically turning off the power to drive us out.
03:37The previous day-
03:38Okay, just a second.
03:39Yes, ma'am.
03:39And that occurred in what month?
03:41Uh, August 8th.
03:43Yes, this year.
03:44Had he asked you to vacate the premises?
03:47Yes, we talked about-
03:48Shh!
03:48Yes, sorry.
03:49Pardon me.
03:49What month and year had he asked you to vacate the premises?
03:53Oh, um, we've talked about that several times.
03:57No, what month and year did he ask you to vacate his home?
04:02Oh, he asked, uh, several times.
04:04I told him when, uh, we got the RV, we're gonna try to do that.
04:07Nothing was ever definitive.
04:09I told him-
04:10Mr. Diaz, Mr. Diaz, you don't seem to understand when your landlord,
04:14with whom you don't have a lease-
04:15Yes.
04:16...tells you, it's over, we'd like you to move.
04:19Yes, ma'am.
04:19You move.
04:20I understand that.
04:21You move.
04:22It may take you 90 days to move, but you can't stay in a premises
04:27where your landlord doesn't want you unless you have a lease.
04:30Fully understood, ma'am.
04:31Okay, so he asked you to leave.
04:33I asked you the month and year he asked you to leave.
04:36Oh, uh, we talked about it, uh, that previous, uh, month, September, no, no, July.
04:43I told him about that.
04:44I purchased the RV, and I told him I was prepping to leave.
04:47And he just basically wanted us out of there as soon as possible, and I understand that.
04:51Mr. Diaz, are you not answering my question purposely?
04:54No, ma'am.
04:55I said, when did he first tell you he wanted you out?
04:58I don't have that type of memory.
04:59My wife does, she's-
05:00Did he tell you before you told him you were leaving?
05:03Did he tell you six months ago, a year ago?
05:06When did he tell you he wanted you to leave?
05:09Several times, but we talked about that.
05:10And why didn't you leave?
05:12Because I had nowhere to go with no resources.
05:14That's not his problem.
05:16That's your problem. He's the landlord. He had no lease. He said, I'd like you to leave. And it was
05:21a long time ago. So finally, on your own time schedule, you got something else. And you said to him,
05:28well, now I'm ready to leave, but I need more time to fix it up. That's what you said.
05:32Well, I don't think it's exactly what I'm-
06:02I don't think it's possible to move on our time schedule. You have to understand, Your Honor, my wife's a
06:07high function autistic. I have some issues myself. And the county doesn't want to help. But chin up, shoulders back,
06:14I'm powering through this, trying to get the best help that I can.
06:20If I were injured, I would have gone to an emergency room.
06:23I went the next day and they took pictures.
06:26I don't know that, sir, unless I have them.
06:28This is true.
06:29Yeah, this is very true.
06:30This is what happens when somebody is unprepared.
06:42Asvaldo Diaz claims his former landlord, Hugo Garcia, posed for property damage and an assault.
06:50Hugo is countersuing, claiming Asvaldo damaged his property and assaulted him.
06:56Okay, go ahead.
06:57This has been the best landlord we've ever had, considering all our problems and stuff like that. I helped them
07:05every time I could. I'm sorry that I had to come to this.
07:08It's just that we needed time. We had the money. It's just we needed either the help or the time
07:15to get out of there. We had neither.
07:16I've asked board of supervisors, city councils for help. I even went on the radio, for goodness sakes.
07:22We have the technology now that we can crowdsource, maybe put a video out there to ask for help.
07:27I'm not looking for money. I'm just looking for help in getting help.
07:30Mr. Diaz.
07:31I just couldn't get out in a time scale.
07:33What do you want from him? You're suing him for $10,000.
07:36Tell me why.
07:39He basically attacked me when I tried to record the circuit breaker because he was turning it off.
07:46He was turning your power on and off, according to you.
07:48Retaliatory.
07:51Retaliatory because he wanted you to leave and you wouldn't.
07:54Correct.
07:55And he ultimately, the next month, got an eviction notice. You got an eviction notice.
08:00Yes, but we're not before that.
08:02Just a second.
08:02Sorry.
08:03Okay. So he was turning the power on and off to be, according to you, to be annoying.
08:07He says that's not what happened, but that's what precipitated this altercation, this pushing and shoving mess that occurred.
08:14Yes, exactly right.
08:15Okay. And that occurred in August.
08:17Yes.
08:18August what?
08:19August 8th.
08:208-8. And it is your claim that you were assaulted.
08:23Yes.
08:23I'd like to see the medical bills.
08:25I'd like to see the medical bills or some evidence that you went and sought medical help as a result
08:30of this assault.
08:31I was arrested the next day.
08:33No, don't tell me you were arrested.
08:35You're suing him for assault.
08:37I understand.
08:37Say he assaulted you.
08:38I would like to see medical records, a doctor's visit, an emergency room of what your injuries were as a
08:46result of that assault.
08:46I don't have those with me.
08:48Okay.
08:48But the next day...
08:48Do you have...
08:49Just a second.
08:49I'm talking.
08:50Yes, I'm sorry.
08:50I'm talking.
08:51Yes, ma'am.
08:51Do you have photographs of your injuries?
08:55Yes, ma'am.
08:56I'd like to take a look at them.
08:57Very good.
08:57I have of my...
08:59Shh!
09:00Photographs!
09:00Very good.
09:01That's all I want to see.
09:02There's that one.
09:05I think I just have the one.
09:07There it is.
09:15Okay.
09:16Do you have this on your phone?
09:17Yes, ma'am.
09:18May I see it on your phone?
09:19And this is a picture of what part of your body, sir?
09:22My stomach.
09:23Your stomach?
09:24Belly, yes.
09:24My belly.
09:25Can I see it on your phone?
09:27I want to see the date stamp on it.
09:29There we go.
09:31Hmm.
09:33I'm not sure you can find a time stamp.
09:35Not very good technology.
09:38But I try.
09:42Do you see a date on this?
09:43I scrolled it to the top, probably.
09:46There's either on top or bottom.
09:48Well, this says August 16th.
09:51Click on...
09:51Oh, that was later.
09:52Come.
09:53I, I, I...
09:54Would you do that?
09:55But I did take pictures.
09:58Maybe not that day.
09:59Shh!
10:03It's from the, from the 17th.
10:0717th?
10:07Yeah, but it's in a folder from the 17th.
10:10Hmm?
10:10It could have been taken before that, but it's in a folder from the 17th.
10:13I saw the 17th of all...
10:16Whatever it was, it was a week later.
10:18Well, that's what it was.
10:18The 17th, yeah.
10:19Okay.
10:20A week later.
10:21Take this.
10:22If I may?
10:23You can do whatever you like, sir.
10:25I'm not buying it.
10:26The officer who, um, did the invest, uh, who came that, uh, they took pictures of everything.
10:31I wasn't able to, um, anticipate getting them from him.
10:35I, I was wondering if he, maybe he had pictures.
10:38I don't know.
10:39Well, how much, how am I supposed to help you?
10:41It's not my job to prepare your case, Mr. Diaz.
10:44Yes, ma'am.
10:45It's your job to prepare your case, Mr. Diaz.
10:47True.
10:47And if I was injured like that as a result of an assault, I would certainly have gone to an
10:52emergency room.
10:53I did, the next day.
10:55Well, let me see.
10:56After I was arrested, the...
10:57No, no, no, no, no.
10:58On the 8th, when this incident happened, if I were injured, the way you say you were injured, in my
11:05stomach,
11:05I would have gone to an emergency room, which you didn't do.
11:08I went the next day and they...
11:11And what?
11:12They took pictures when...
11:14I don't know that, sir, unless I have them.
11:16This is true.
11:16Yeah, this is very true.
11:18This is what happens when somebody is unprepared.
11:20I wish I was better prepared.
11:21Well, I wish you were better prepared, too, Mr. Diaz.
11:24I can't help you with that.
11:25Okay, now, what property do you claim he damaged of yours?
11:30He broke my glasses, gave me a scar right here with the glasses, broke my nose because he was hitting
11:35me about the face.
11:36Just a second.
11:36And my phone, I have the...
11:38Mr. Diaz, I don't believe a word you're saying.
11:40If you say that he hit you on your nose and broke your nose, I would have had a picture
11:43of a broken nose.
11:44A broken nose has black eyes and a broken nose.
11:48No, the scar from the glasses, not a broken nose.
11:51Did he just say he had a broken nose?
11:53Mr. Diaz, we're not connecting you and I.
11:56We're not connecting you and I, sir.
11:58Ma'am, I'm sorry.
11:59Okay, now, the other part of your case, because the rest of it is nonsense, the other part of your
12:04case is a result of false arrest.
12:06Now, I gathered there was an altercation with him over this power back and forth, and there was a lot
12:12of pushing and shoving.
12:13The next day, however, you were arrested.
12:15On the 8th, according to what I've read, the police were called, and when the police were called, each of
12:21you was told, since you each alleged an assault by the other, you both said, they said, either we're going
12:26to arrest both of you or you just drop it.
12:29And you both decided to drop it.
12:31Is that correct?
12:33Yes, ma'am.
12:33That's either a yes or a no.
12:34Yes.
12:34And then you alleged that the next day, he precipitated an event that caused you to be arrested and spend
12:41the night in jail.
12:42Correct.
12:42Okay. And I want you to briefly, sir, tell me what happened the next day on the 9th, because I
12:49am now entertaining the last part of your complaint, which is false arrest.
12:54Correct. I was released that morning and made my way back home. As soon as I got home, he, I
13:03was going to get...
13:03You were released what morning?
13:05The next morning?
13:06No. On the 8th, when the police came, you weren't taken into custody.
13:11Right.
13:12Neither was he.
13:13What?
13:13So on the 8th was the first incident.
13:16I understand that.
13:18Is when he got arrested.
13:19I understand that, sir.
13:21He doesn't understand that.
13:23He's not following that.
13:27You're not going to lose myself.
13:28Oh, yeah, yeah.
13:29No, you're not.
13:30It's not going to happen.
13:30It's not going to happen.
13:35Get it on camera.
13:36What the problem?
13:37Yes.
13:38Awesome.
13:38Good performance.
13:39Dude.
13:50Osvaldo Diaz has accused his former landlord, Hugo Garcia, of assaulting him and filing a false police report.
13:59Hugo is countersuing for property damage and claims he was the one assaulted.
14:04Now, on the 8th, the police came to the house as a result of a call,
14:08and the police said, listen, you each claim you were assaulted by the other.
14:12Either we're going to forget this or I'm going to arrest both of you,
14:15and you both said, forget it.
14:17He's trying to get you out of the house, and you're resistant and going.
14:22The next day, you say he called the police again,
14:25and this time you were arrested and spent the night in jail.
14:28And I said, I want you to tell me about that incident
14:32where you claim you were falsely arrested and spent the night in jail.
14:36That's not on the 8th, that's on the 9th.
14:38Oh, okay, very good.
14:40Okay, I came back home.
14:43He was out there moving my property off of the porch that we rented.
14:47I get dressed and go out there and confront him.
14:50Hey, what do you do with my property?
14:52And he's manhandling, just basically throwing it off.
14:54And he says, it's my, we have to fix this area or put a motorcycle on there.
15:01Look at me.
15:01Look, Mr. Diaz, look at me when you're talking.
15:03He was moving your property off the porch.
15:06Yes, ma'am.
15:06And he said, I have to fix something.
15:09And you said...
15:11You can't do it right now.
15:12I have all my property right here.
15:14I understand this is retaliatory.
15:16Please stop it.
15:17Just go back in, yada, yada, yada.
15:18He had somebody videotaping the whole thing.
15:21So I dragged my stuff back onto the porch.
15:23And he says, well, I'm just going to go and take it anyway.
15:26I said, no, you're not.
15:27And I put my hands up in a defensive position like this.
15:29So he comes up, gets right in my chest, and then starts pushing.
15:34So basically, I can make contact with him.
15:37He falls backward, making me lunge forward.
15:40From the way police interpreted it, it looked like I pushed him.
15:43And that was not the case.
15:44So he set me up for battery.
15:47I don't know how plain and simple that is.
15:49It's right on the video.
15:50Mr. Diaz, can I...
15:52Who did this video?
15:53Whose video was this?
15:54It was a friend of mine.
15:55Friend of yours?
15:56Yes.
15:57Can I see it, please?
16:03Can't move my stuff.
16:05You know that.
16:06I'm sorry, I can't.
16:08It's your opinion.
16:11Hey, I need to work out anything.
16:13I need to fix this.
16:14I don't care.
16:15Well, I do.
16:16I don't.
16:17I don't.
16:17I do.
16:18Call a cop.
16:19I'm moving your stuff.
16:20You're not going to move my stuff.
16:21Oh, yeah, yeah.
16:22No, you're not.
16:23It's going to happen.
16:23It's not going to happen.
16:26Oh!
16:28Get it on camera.
16:29What the problem?
16:30Yes, awesome.
16:32Good performance.
16:33Good performance.
16:34Get out of here.
16:35Man, there are witnesses.
16:36Okay.
16:37That's...
16:37Sorry, you were arrested?
16:38Yes, ma'am.
16:39You notice how he tries to go back on the property after I did that?
16:41He had a right to have you arrested.
16:44Okay, so you have no case.
16:45Now let's get to the counterclaim.
16:47Your case is dismissed.
16:48Have you been to here now?
16:48Your case is dismissed.
16:49It's nonsense.
16:51No free money here.
16:52Okay, next.
16:53You have a counterclaim.
16:55Eviction fees.
16:56Yeah, my counterclaim, it's pretty much just mostly property damage.
17:00What property?
17:02After he left the room, he left it very, very nasty.
17:07The whole thing looks pretty cruddy.
17:09Yeah, a little bit.
17:09Yeah.
17:11Anything else?
17:13No, I mean...
17:14Do you have a new tenant?
17:16No, I don't.
17:17I'm by myself.
17:17Would you prefer to stay by yourself?
17:19Yes, I wouldn't.
17:20No more tenants.
17:21No more tenants.
17:22Yes.
17:22Right?
17:23Yes.
17:23Okay, very smart.
17:25You just live there occasionally with some friends.
17:27Oh, not anymore, anymore.
17:28Just be by myself now.
17:29Just you by yourself.
17:30Do you work, Mr. Garcia?
17:32I'm self-employed, yes.
17:34What do you do?
17:34I do dog care.
17:35I do pet care.
17:36I do pretty much pet care.
17:38You mean grooming?
17:39Oh, no, I don't do grooming.
17:40It's really hard.
17:41What do you mean?
17:42I do pet boarding.
17:43I do pet sitting.
17:45You mean at somebody else's house?
17:47No, my own house.
17:48At your own house?
17:48I do pet care of my own house, yes.
17:50You make a living at that?
17:51You know, yeah, I do.
17:53I do what I love, so it, it, it, yeah.
17:56And motorcycles.
17:57He flips motorcycles.
17:58He's good at it.
17:59Very good.
18:00All right, that's very easy.
18:01Are you happy he's gone?
18:03Yes.
18:04Perfect.
18:04And you're happy to be gone.
18:06You have no case, Mr. Diaz.
18:07Your case is dismissed.
18:08Even about the hearing?
18:09As is the counterclaim, which is really nonsense.
18:12You don't care about the counterclaim.
18:14You wouldn't have sued him if he didn't bring you to court.
18:17Would that be a fair statement?
18:18Yes, you're right.
18:19Perfect.
18:20Ms. Courtney, turn.
18:24I don't agree with the decision, of course.
18:26I think it went pretty smooth.
18:27I just was happy all this is over with.
18:29I wish I would have been more prepared.
18:31I just feel like they need help, and they were just trying to,
18:34like, hold on to what they can.
18:36All I ever wanted to do was be able to move with my wife
18:38and my cats back home.
18:39I had given them a notice that I was going to fix that deck,
18:43and I just came in, and I fixed it,
18:46and he didn't want me to fix it.
18:47Mostly, he just wanted us out.
18:49We wanted to be out, but we just couldn't do it in a time frame,
18:53so we had to manufacture something to drive us out.
18:56Go past this and just move on.
18:58I have permanent hearing damage because of the loud techno music
19:03that he played.
19:04I don't mind the music.
19:05It's just you don't put the speaker up right next to the door
19:08to give hearing damage.
19:09I mean, I like to work out, so I had to have my loud music.
19:13He was basically trying to drive us out
19:15so he wouldn't have to evict us.
19:17Live alone, definitely.
19:19You know, I cannot imagine living in a two-bedroom mobile home
19:25with another couple that I couldn't stand for seven years.
19:30Yeah, that was crazy.
19:32Yeah.
19:33Crazy.
19:34I know the defendant is definitely happier with his current situation.
19:38Well, he's happier.
19:39He's not going to have tenants anymore.
19:40That's probably very, very smart.
19:42Yeah.
19:42But they paid $700 a month rent,
19:45and that's all paid for because they're on disability.
19:49I assume both plaintiff and his...
19:52He said he was on disability, and so was his wife.
19:55I have an argument with Poppy.
19:57We live in a big house.
19:58It's not big enough.
19:59Yeah, you've tried to victim yourself.
20:01I can't imagine living in that kind of close proximity
20:06to strangers who you can't stand.
20:09Yeah.
20:10Yeah.
20:10Me neither.
20:13Are you a victim of an assault?
20:15Go to JudyJustice.tv.
20:16Go to JudyVide.
20:19Go to Judy.
20:19Go to Judy.
20:44Go to David.
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