#video #Judy Justice S04E47 Episode 47 Engsub
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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.
00:16I'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, come 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.
01:09And 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.
01:25The 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?
01:41Oh, I'm not sure the exact date, but seven years ago.
01:45My wife would know.
01:46Tell me what kind of property you rented.
01:50We rented a room.
01:51We answered an ad from Craigslist.
01:53One room?
01:54One room for rent.
01:55In what kind of property?
01:56A 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?
02:17I 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.
02:27Tell me what happened when he told you he was leaving.
02:30Yeah, we 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,
02:37and 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
02:47and how much he wanted to.
02:48And he was, we were pretty much playing on his role
02:51when it shouldn't have been like that.
02:52And he was being a nuisance.
02:53When did you evict him?
02:55September.
02:56Of this year?
02:57Yes, September of this year.
02:59And you're not suing him for any rent?
03:01No.
03:02Which means, as far as I'm concerned, he's paid his rent.
03:05Yes.
03:06OK.
03:07All right, sir.
03:08Now 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.
03:16I wish I would.
03:16Did they wish you were going to try to get what?
03:18Help to leave, to get into my, I own a home in Rancho, and I need to get back onto
03:24that property.
03:26We got room for rent because my sister.
03:29I don't care why you got it, you'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.
03:38Just 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.
03:50What 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 several times.
04:04I told him when we got the RV, we're going to try to do that.
04:07Nothing was ever definitive.
04:09I told him that it's...
04:10Mr. Diaz, Mr. Diaz, you don't seem to understand when your landlord, with whom you don't have
04:15a 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 where your landlord doesn't
04:29want 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, we talked about it that previous month, September, no, no, July.
04:43I told him about that, I 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 a...
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.
05:11And 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.
05:17He's the landlord.
05:18He had no lease.
05:19He said, I'd like you to leave, and that was a long time ago.
05:23So finally, on your own time schedule, you got something else, and you said to him, well,
05:28now I'm ready to leave, but I need more time to fix it up.
05:31If that's what you said.
05:32Well, I don't think it's exactly what I said, if I may...
05:36Yes, of course.
05:37Yes.
05:38I told him that from the Zoom meeting, I would try to get help, and I was paid through at
05:42the end of that month.
05:43At the very least, I had...
05:44You were what?
05:44Paid through.
05:45I had no outstanding rent.
05:47That wasn't the issue.
05:48We had the money.
05:48In fact, I was going to pay him more for the utility months, because summers and winters, you pay a
05:53little bit more.
05:54We didn't have an agreement, but I understand that.
05:56I just tried to fill him in on the 411, and then it became combative, so it became almost impossible
06:02to move on our time schedule.
06:05You have to understand, Your Honor, my wife's a high-functional autistic.
06:08I have some issues myself, and the county doesn't want to help.
06:12But chin up, shoulders back, I'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 when...
06:27I 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, owes 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.
07:04I helped them every time I could.
07:06I'm sorry that I had to come to this.
07:08It's just that we needed time.
07:10We had the money.
07:11It's just we needed either the help or the time to get out of there.
07:16We hadn't either.
07:16I've asked board of supervisors, city councils for help.
07:20I even went on the radio, for goodness sakes.
07:22We have the technology now that we can crowdsource.
07:25Maybe put a video out there to ask for help.
07:27I'm not looking for money.
07:28I'm just looking for help in getting help.
07:30Mr. Diaz.
07:31I just couldn't get out in a time.
07:33What do you want from him?
07:34You're suing him for $10,000.
07:36Oh, man.
07:37Tell me why.
07:39He basically attacked me when I tried to record the circuit breaker,
07:44because 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.
07:58You got an eviction notice.
08:00Yes, but we're not before that.
08:01Yeah, just a second.
08:02Sorry.
08:03OK, so he was turning the power on and off to be,
08:05according to you, to be annoying.
08:07He says that's not what happened, but that's what precipitated
08:11this altercation, this pushing and shoving mess that occurred.
08:14Yes, exactly right.
08:15OK, and that occurred in August.
08:17Yes.
08:18August what?
08:19August 8th.
08:208-8.
08:21And it is your claim that you were assaulted?
08:23Yes.
08:24I'd like to see the medical bills.
08:25I have...
08:26I'd like to see the medical bills or some evidence that you went and sought medical help
08:30as a result of 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, doctor's visit, an emergency room of what your injuries
08:45were as a result of that assault.
08:47I don't have those with me, but 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.
08:58I 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?
09:24My belly, yes.
09:24My belly.
09:25Can I see it on your phone?
09:27I want to see the date stamp on it.
09:29Yes, ma'am.
09:29There we go.
09:33I'm not sure you can find a time stamp.
09:35Not very good technology.
09:39But 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.
09:47There's no date stamp.
09:49Well, 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...
10:05From the 17th.
10:0717th?
10:08Yeah, but it's in a folder from the 17th.
10:10It could have been taken before that,
10:12but it's in a folder from the 17th.
10:13I saw the 17th of all...
10:16Whatever it was, it was...
10:17Well, that's what it was.
10:18...a week later.
10:18The 17th, yeah.
10:19Okay.
10:20A week later.
10:21Take this.
10:23If I may?
10:24You can do whatever you like, sir.
10:25I'm not buying it.
10:26The officer who did the invest,
10:28who came that day, took pictures of everything.
10:32I wasn't able to anticipate getting them from him.
10:36I was wondering if maybe he had pictures.
10:38I don't know.
10:39How am I supposed to know?
10:40It doesn't 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,
10:50I would certainly have gone to an emergency room.
10:53I did the next day.
10:55I would...
10:55Let me see.
10:56After I was arrested...
10:57No, no, no, no, no.
10:58On the 8th, when this incident happened,
11:01if I were injured the way you say you were injured,
11:04in my stomach, I would have gone to an emergency room,
11:07which you didn't do.
11:08I went the next day and they...
11:11And what?
11:12They took pictures.
11:14I don't know that, sir, unless I have them.
11:16This is true.
11:17Yeah, 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.
11:25Yes, ma'am.
11:25Okay, now, what property do you claim he damaged of yours?
11:30Um, he broke my glasses, gave me a scar right here
11:33where the glasses broke my nose,
11:34because he was hitting me about the face.
11:36Just a second.
11:37And 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,
11:43I would have had a picture of 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?
11:53Then I misspoke.
11:54Mr. 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,
12:03the other part of your case is a result of false arrest. Now, I gathered there was an altercation with
12:08him over this power back and forth, and there was a lot of pushing and shoving. The next day,
12:14however, you were arrested. On the 8th, according to what I've read, the police were called. And when
12:19the police were called, each of you was told, since you each alleged an assault by the other,
12:25you both said, they said, either we're going to arrest both of you or you just drop it. And you
12:30both decided to drop it. Is 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
12:40arrested and spend the night in jail.
12:42Correct.
12:43Okay. And I want you to briefly, sir, tell me what happened the next day on the 9th,
12:49because I am 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,
13:01he, um, I was going to get- You were released what morning?
13:05The next morning?
13:07No. On the 8th, when the police came, you weren't taken into custody.
13:11Right. Neither was he.
13:13What? So on the 8th, um, was the first incident.
13:16I understand that.
13:18On the 9th is when he got arrested.
13:19I understand that, sir. He doesn't understand that.
13:23He's not following that.
13:27You're not going to lose my stuff.
13:28Oh, yeah, yeah.
13:29No, you're not. It's going to happen.
13:30It's not going to happen.
13:35Get it on camera.
13:36What the problem?
13:38Yes. Awesome.
13:38Dude.
13:39Good performance.
13:50Osvaldo Diaz has accused his former landlord, Hugo Garcia, of assaulting him and filing a false
13:57police report. Hugo 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 and the police said,
14:10listen,
14:10you each claim you were assaulted by the other. Either we're going to forget this or I'm going to arrest
14:14both of you and you both said, forget it. He's trying to get you out of the house and you're
14:21resistant and going. The next day you say he called the police again and this time you were arrested and
14:27spent the night in jail. And I said, I want you to tell me about that incident where you claim
14:33you were
14:33falsely arrested and spent the night in jail. That's not on the 8th. That's on the 9th.
14:38Oh, okay. Very good.
14:40Okay. Um, I came back home. He was out there moving my property off of the porch that we rented.
14:47Um, I get dressed and go out there and confront him. Hey, what do you do with my property? And
14:52he's
14:53manhandling, just basically throwing it off. And, um, he says, it's my, we have to fix this area or put
14:59a motorcycle on there. Look at me. Look, Mr. Diaz, look at me when you're talking. He was moving your
15:04property off the porch. Yes, ma'am. And he said, I have to fix something. And you said? Um, you
15:12can't
15:12do it right now. I have all my property right here. I understand this is retaliatory. Please stop it.
15:17Just go back in. Yada, yada, yada. He had somebody videotaping the whole thing. So I dragged my stuff
15:22back onto the porch and he says, well, I'm just going to go and take it anyway. I said, no,
15:26you're
15:26not. And I put my hands up in a defensive position like this. So he comes up, gets right in
15:31my, my,
15:31my, uh, my chest and then starts pushing. So basically I can make contact with him. He falls
15:38backward, making me lunge forward from the police, the way police interpreted it. It looked like I
15:43pushed him and that was not the case. So he set me up for battery. I don't know how plain
15:48and simple
15:48that is. It's, it's right on the video. Mr. Diaz here. Can I, is, who did this video? Whose video
15:54was this? It was a friend of mine. Friend of yours? Yes. Can I see it please?
16:04Can't move my stuff. You know that. I'm sorry, I can't. It's your opinion.
16:11I need to take this. I don't care. Well, I do. I don't. I don't. I do. Call a cop.
16:20You're not going to move my stuff. No, you're not. It's going to happen. It's not going to happen.
16:28Get it on camera. Awesome. Good performance. Good performance. Get out of here.
16:36Okay. That's, sir, you were arrested? Yes, ma'am. You notice how he tries to go back
16:40on the property after I did that? He had a right. He had a right to have you arrested.
16:44Okay. So you have no case. Now let's get to the counterclaim. Your case is dismissed.
16:47Have you been to here? Your case is dismissed. It's nonsense. No free money here. Okay. Next,
16:53you have a counterclaim. Eviction fees. Yeah, my counterclaim, it's pretty much just mostly
16:59property damage. What property? After he left the room, he left it very, very nasty. The whole thing
17:08looks pretty cruddy. Yeah, a little better. Yeah. Anything else? No, I mean,
17:14emotional distress. Do you have a new tenant? No, I don't. I'm by myself.
17:18Would you prefer to stay by yourself? Yes, I would. No more tenants. No more tenants. Yes.
17:23Right? Yes. Okay. Very smart. You just live there occasionally with some friends. Oh,
17:27not anymore, anymore. It's just me by myself now. Just you by yourself. Do you work, Mr. Garcia?
17:32I'm self-employed, yes. What do you do? I do dog care. I do pet care. I do pretty much
17:38pet care.
17:38You mean grooming? Oh, no, I don't do grooming. It's really hard. What do you mean? I do pet boarding.
17:43I do
17:44pet sitting. You mean at somebody else's house or at your own house? No, my own house. At your own
17:48house. I take care of my own house, yes. You make a living at that? Uh, you know, yeah, I
17:53do. I do what
17:54I love, so it... Okay. Yeah. And motorcycles. He flips motorcycles. He's good at it. Very good. All
18:00right. That's very easy. Are you happy he's gone? Uh, yes. Perfect. And you're happy to be gone. You have
18:06no case,
18:07Mr. Diaz. Your case is dismissed. Even about the hearing? As is the counterclaim. How does this
18:10counterclaim, which is really nonsense? You don't care about the counterclaim. You wouldn't have
18:15sued him if he didn't bring you to court. Would that be a fair statement? Yes, you're right.
18:19Perfect. Thank you. This court is adjourned.
18:24I don't agree with this decision, of course. I think it went pretty smooth. I just, uh, was happy
18:28all this is over with. I wish I would have been more prepared. I just feel like they need help
18:32and, uh,
18:33they were just trying to, like, hold on to what they can. All I ever wanted to
18:37do was be able to move with my wife and my cats back home. I had given him a notice,
18:41um, that I
18:42was going to fix that deck. And, um, I just came in and I fixed it and he didn't want
18:47me to fix it.
18:47Mostly he, he just wanted us out. We wanted to be out, but we just couldn't do it in a
18:52time frame.
18:53So we had to manufacture something to drive us out. Go past, past this and just move on. I have
18:59permanent hearing damage because of the, um, loud techno music that he played. I don't mind the music.
19:05It's just, you don't put the speaker up right next to the door to give hearing damage.
19:10I mean, I like to work out, so I have to have my loud music.
19:13He was basically trying to drive us out so he wouldn't have to evict us.
19:17Live alone, definitely.
19:19You know, I cannot imagine living in a two-bedroom mobile home with another couple that I couldn't
19:27stand for seven years. Yeah, that was, that was crazy. Yeah.
19:33Crazy. I know the defendant is definitely happier with his current situation.
19:38Well, he's happier. He's not going to have tenants anymore. That's probably very, very smart.
19:42Yeah. But they paid $700 a month rent and that's all paid for because they're on disability. I assume
19:50both plaintiff and his, he said he was on disability and so was his wife. I have an argument with
19:56poppy. We live in a big house. It's not big enough. Yeah. You've tried to victim yourself.
20:02I can't imagine living in that kind of close proximity to strangers who you can't stand.
20:09Yeah. We need to.
20:13Are you a victim of an assault? Go to judyjustice.tv.
20:16A two-bedroom at least.
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