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00:00You sold her a sick cat.
00:01Now on Tribunal Justice.
00:04So I had asked her why we provided vet records.
00:06The paper was cut.
00:08Concealing evidence is a crime.
00:11It was a plethora of illnesses.
00:12You knew all that, and you hid that from her.
00:14Yes, but I cried my eyes out about losing that kitten.
00:18You're not as naive as you would like us to think.
00:21But the bottom line is, you made a choice
00:23to keep the cat that was ill.
00:50Today's case was filed in Baycliff, Texas.
00:53Yeah, this is case number 3093 on the count
00:57in the matter of Alcusa versus Arif.
01:00Thank you, Bird.
01:01You're welcome, Judge.
01:02Parties have been sworn in.
01:03You may be seated.
01:04Ladies, have a seat, please.
01:06Ms. Alcusa, you bought a Persian kitten from the defendant.
01:10It's the cat that you're now holding.
01:13You maintain that the defendant, Ms. Arif, falsified vet records
01:17in order to conceal the animal's true health.
01:20And you're suing her for $5,000 for vet bills,
01:23a refund of the purchase price for the cat,
01:26and also for emotional distress.
01:28Ms. Arif, you maintain that you owe the plaintiff nothing.
01:31Yes.
01:32You say that you gave her an opportunity to return the cat.
01:35Yes.
01:35So she assumed the risk of whatever's wrong with the cat.
01:38Yes.
01:39You also have a countersuit against her for $10,000
01:42for what you describe as harassment and emotional distress.
01:48Ma'am, that is the cutest gosh darn cat I have seen in many, many a moon.
01:54What is her name?
01:55Filfil.
01:55It's a he.
01:56Oh, that's right.
01:57Oh, good point.
01:58That's actually material a bit to the case.
02:00Absolutely.
02:00Filfil, you became aware of the cat because you work with the defendant's sister.
02:04Yes.
02:04I work with the defendant's sister.
02:06I'm a nurse.
02:07We work in the same hospital.
02:08She posted on Facebook and shared her sister's post of selling a Persian kitten.
02:12You already had a Persian cat, a boy.
02:15You were looking for a girl.
02:16I was looking for whatever, but she initially told me, girl, and I had asked her through
02:21text, you know, what is better as far as them getting along.
02:24I just wanted companionship for my pet.
02:27Can I pass him over to my witness?
02:29Yes.
02:30Yes.
02:30Give Filfil a little break.
02:32So you go pick up Filfil on January 10th.
02:36And did the defendant give you vet records at that time?
02:39So initially, right before I picked him up a few days prior, she told me, hey, he, like
02:44I said, the sex wasn't female.
02:46In fact, it was male.
02:47I asked her if it was going to be a difference in price.
02:49She told me, no, you're getting a steel, you're getting a Persian.
02:52We decided in January, she told me that he would be ready in regards to having him weaned
02:57off of the mom and, you know, all that good stuff.
03:00So I had asked her why we provided vet records, and she said that she can provide that to
03:04me upon retrieving the pet.
03:06What do you notice on the vet report?
03:08Could we put up Exhibit 8, please?
03:09I have the actual records that she provided me with.
03:11The last page, as you could see, is looking like this.
03:15The paper was cut.
03:17I'm a nurse, so usually with a pet summary, it's going to give you more than just the
03:21eyes.
03:21As you can see, it ends with the eyes.
03:23So I went ahead and I remembered, hey, I have her vet information on these sheets.
03:26I called the vet, and I requested the records.
03:29They told me it was going to take a couple of days, so I...
03:31And then you did ultimately get that record on or about January 15th.
03:34Can we put up Exhibit 7, please?
03:36So just so we're clear, the first exhibit was what the defendant gave you.
03:41Absolutely.
03:42This report is the report that you obtained directly from the vet.
03:47When I did see that record, I was upset.
03:49Because what we see, and I'm just going to advance you a bit, the full vet report, after
03:55the part that was cut off by the defendant, ear mites.
03:59So I have to ask you, Ms. Aerith, why did you cut the paper?
04:03I cut it because all of that information was me and the vet's business.
04:08I did what I had promised her.
04:10That act of concealment suggests to me that you were concerned about the notation regarding
04:16ear mites.
04:17Ear mites are contagious, are they not?
04:19Yes, they are.
04:20And did your...
04:22Ear mites are contagious, but with that being said, if that kitten has ear mites, all of
04:27my other cats would have ear mites.
04:28No, no, no.
04:29I'm going to stop you right there.
04:30I don't believe that to be true.
04:31No.
04:32I think that just because something's contagious doesn't mean everybody's going to get it.
04:36Did your other cat...
04:38What was your first cat's name?
04:38My first cat's name is Kelly.
04:40He did not get it from her because once I found out, as advised by my veterinarian, get them
04:45separated, his situation was that it was so deep into his ear canal that it was an actual
04:50yeast infection.
04:50He was in agony.
04:52And based off of my vet, it just takes, your honor, one treatment.
04:55One dose of medication is all it takes to treat these animals.
04:58And when I called her vet, they did not know that she concealed that information.
05:02Okay, so, and I'm going to stop you right there.
05:04And let's go back to Ms. Arif and let her defend herself a bit.
05:07When you spoke to your vet about the cat's condition, what did the vet say to you about
05:13the ear mites?
05:14The vet did advise me of that, but the vet assured me that it wasn't a serious condition.
05:18And he also told me...
05:19So the answer to my question is yes.
05:21And you did not communicate to her information that you received from the vet.
05:26We actually have an expert in court with us today.
05:29Could I please ask our expert, Mr. Dumas, to take the stand?
05:32While you're getting settled, sir, Phil Phil ended up having another condition too.
05:37What else happened to Phil Phil?
05:40Coming up on Tribunal Justice...
05:43But the bottom line is, there was a time when they offered to give you the money back.
05:47Yes.
05:47You said no.
05:48Why?
06:12Phil Phil had ended up having another condition too.
06:15What else happened to Phil Phil?
06:17When I went the next day, it was a plethora of illnesses.
06:20He had ear mites, there was a yeast infection in his ear, and he had ringworm.
06:25From there, they told me that he was highly contagious.
06:27I had to bleach all my, you know, my house, and I have kids.
06:31Can we put up exhibit 10, please?
06:33Because you actually contracted ringworm.
06:35Yes, ma'am.
06:36Dr. Dumas, could you please tell us what you do for a living?
06:39So I am a veterinarian, so I'm a general practitioner licensed in the state of California.
06:44Can you talk a little bit about ringworm, and what's the likelihood of transmittal
06:49to humans with whom it might be in contact?
06:52Okay, so ringworm is actually a fungus, contrary to the name.
06:56I may also add that Persian cats are actually susceptible to ringworm infection.
07:04In the same case as the mites, there needs to be some sort of reservoir.
07:08There needs to be something, whether in the environment or an animal that is carrying the
07:13fungus, because it has to be direct and direct contact to establish an infection.
07:18The infection usually takes a few hours, but to see clinical signs and symptoms,
07:23so to actually see the classical epidermal cholera, so the rednessing of the skin that we saw,
07:29typically takes between one and three weeks.
07:31Between one and three weeks.
07:33When did you develop ringworm?
07:35It was in February.
07:36And when did you notice it on Phil Phil?
07:38The day after I saw the cutting of the records, I started questioning everything.
07:44I kind of spread up his abdomen, and I saw that picture right there.
07:47He had shedding on his abdomen.
07:49So I knew, based off of my own nursing judgment, that that was ringworm, and I know it was fungal.
07:53So I vividly remember him scratching my arm when I picked him up on the 10th.
07:57So, Dr. Dumas, talk to us a little bit about ear mites, how they're treated,
08:03and what happens if they're not treated promptly.
08:05Yeah, so ear mites are an ectoparasite, so there needs to be an animal that is carrying the
08:12mite to transfer it over to the cat in question.
08:15The simplest way to confirm ear mites is to do something called acytology and ear cytology.
08:21And basically, you will swab the ears and roll it over a microscope slide.
08:25You'll stain it and you'll dip it, and you'll be able to actually see the mites under a light microscope.
08:29Thank you for your testimony.
08:31I'm going to pass the case for the moment to Judge Domingo.
08:33I'm not going to have any questions of you right now, Doctor, so if you want to take a seat.
08:37But I do have some questions of all of you.
08:40Mm-hmm.
08:40I was looking through the papers, and you had on, I don't know, like 12 different occasions
08:47between December 15th, when you reached out to her, and January, where you were told that this was a female
08:54kitten.
08:55Yes.
08:55And she attributes it to the fact that it's very furry and you can't tell.
08:59Mm-hmm.
08:59This is the ad you respond to. Would that be correct?
09:02That wasn't the ad.
09:03I provided that so I can show that she was interested in forming a cattery.
09:06She wanted to breed these pets and sell them.
09:08But this is not the first time you've bred Persian kittens, is it?
09:11That would be incorrect.
09:12This is my first time.
09:14I don't breed them as a business.
09:16I wasn't interested in really starting.
09:18So this is yours.
09:19Yes, ma'am.
09:20Those are the same pictures she sent me.
09:22That's why I'm asking.
09:23All of a sudden.
09:24Switch it.
09:24Oh, now we have a male.
09:25You can have it.
09:26So I'm thinking, maybe they pulled a bait and switch here on you.
09:29And that's why all of a sudden after 13 or 14 different messages as to,
09:35it's a girl.
09:35It's a girl.
09:36You're sure?
09:37You asked several times.
09:38Yes, I'm sure.
09:39Yes, I'm sure.
09:39May I speak?
09:40I would like to add that I have never bred kittens with cats before.
09:44This is my first time even owning a pet.
09:46I'm not a professional breeder by any means.
09:49I'm not familiar with how to tell these things and how to do this.
09:53Oh, well, you know what?
09:54You know what, I don't like when people who are in a position where they're advertising,
10:00where they're selling, where they're relating, where they're, what do you do?
10:03Are you in school?
10:04High school.
10:04High school.
10:05And they say, all of a sudden, they don't know anything.
10:09I'm not claiming that I do not.
10:10Then don't sell your kittens.
10:11So you can't stand there and say, I cut off a half a piece of paper because I don't know
10:15anything.
10:15I don't know how to do this.
10:17You're not as naive as you would like us to think.
10:20I believe that all along, they weren't giving you the female because they were giving you
10:25the male that turned out to have the problems.
10:27Now, at an early age, there's a name.
10:30They named the little kitten Romeo.
10:31You named it Phil Phil because it's like salt and pepper, right, in your language?
10:35Yes.
10:35But the bottom line is, there was a time when they offered to give you the money back.
10:39Yes.
10:40You said no.
10:40Why?
10:41So for that, there was multiple reasons.
10:43At this point, I've had the pet for five days.
10:45My first cat is, you know, very boring for my kids.
10:49And the second cat, again, younger, fun, vivacious.
10:51So you kept a cat that you knew was ill.
10:54So I'm saying to you, you made a choice to keep the cat that was ill.
11:00Coming up on Tribunal Justice.
11:02You got tired of having text messages or messages sent to you.
11:07So you called the police on the plaintiff.
11:11And this is what you told the police.
11:19Alam Elkesha claims Anna Arif sold her a sick kitten that infected her with ringworm.
11:24She's suing Anna for $5,000 for vet bills and emotional distress.
11:28But Anna says Alam rejected her offer to return the cat for a refund, then began harassing her.
11:34So Anna's countersuing for $10,000 in emotional distress and harassment.
11:38You know, the offer that she gave you was something that would have remedied the situation prior to you getting
11:44all the bills.
11:45However, by the time she did that, had you incurred your vet bills?
11:49I incurred my vet bills the day after she asked me if I wanted to keep him.
11:52She'll give me my money back.
11:53The day after.
11:54Okay, thank you very much.
11:55You're welcome.
11:56Judge Levy.
11:57Miss Arif?
11:58Yes.
11:58So you told Judge Acker that what you cut off included additional information that established the kitten was unhealthy.
12:09Yes, but I would like to add that I cried my eyes out about losing that kitten.
12:14Yeah, okay.
12:15Because I missed that baby like something.
12:17Got it, okay.
12:18You knew that the animal also had worms, correct?
12:22You didn't know that the animal-
12:23I was not made aware that the animal had any sort of worms or anything.
12:27The doctor did a physical examination of the whole-
12:29Don't tell me what the doctor did.
12:31I have the doctor's full report now.
12:33Yes, and if there was any worms-
12:35So now, now, now, now, now, sir, can you please step back up?
12:38This is the information that you chose to share on the top half of the medical record before you cut
12:43it.
12:43Owner declined FELV and deworming.
12:47And the FELV protects cats from feline leukemia virus that can cause a variety of health problems,
12:54including cancer, anemia, and immune suppression.
12:58True?
12:58Yes.
12:59Ear mite smear recommended owner declined.
13:03Right?
13:03Yes, he's-
13:04Good, how much does that smear test usually cost?
13:07Probably no more than $50.
13:08$50, good.
13:10Ear stain recommended owner declined, right?
13:14Yes.
13:15How much is that test?
13:16Probably also about $50.
13:17About $50.
13:18And ear stain in cats can indicate ear mites, yeast infections, or other problems.
13:24True?
13:25So you knew all that, and you hid that from her.
13:28That made you angry, because you know that this person shouldn't have goldfish, never mind kittens.
13:33Absolutely.
13:34And you got tired of having text messages or messages sent to you, so you called the police on the
13:42plaintiff.
13:44And this is what you told the police.
13:46Caller states that she sold a kitten to her sister's co-worker.
13:50The cat was checked out by a vet and was fine.
13:53To a police officer.
13:55What the vet told me, that's all I'm-
13:56Stop, because you've got a call from the police.
13:58Absolutely.
13:59I want to hear a voicemail message that you received from the police department.
14:05Let's put that up.
14:12How'd that make you feel after receiving it?
14:14Horrible, terrified.
14:15You ever been contacted by the police before?
14:18Nope.
14:18Nope.
14:19I have nothing further.
14:20Thank you very much.
14:21Thank you judge.
14:22Ma'am, you can take the stand.
14:23I know this is your daughter, you seem to have feelings.
14:26What do you have to offer?
14:27First of all, she is not a business woman and she is not-
14:31I'm going to stop you, because I understand very much why and how you want to engage in
14:36this defense of her character.
14:38But we started this case describing her manipulation of evidence.
14:42And I don't know if either of you get how serious that is.
14:46We're all lawyers up here.
14:48If we were in trial, and if we did to a document what your daughter did to that document, we
14:55could
14:55lose our law licenses.
14:56We could go to jail.
14:58Concealing evidence is a crime.
15:01You can get into a lot more trouble than owing this woman whatever money you may end up owing
15:06her.
15:06Can I get a chance to talk?
15:07Now you may.
15:08Okay, because she's a teenager.
15:09She didn't realize what she's doing.
15:11It was not on purpose that she was trying to hide.
15:13She said this is not on purpose.
15:14Ma'am, she's 18 and she's testifying in court and she took $800 from this nurse who works for
15:19a living.
15:20$800 is quite a lot of money that went from her pocket to your pocket.
15:24I have a question.
15:25If the cat was sick, why would she keep it?
15:28I will tell you why she kept the cat.
15:30Because five days is a long time to have an animal in your home, bonded with your family
15:35and your young children.
15:37May I ask or mention one thing?
15:39I'm an avid animal lover.
15:40I have multiple pets.
15:41And the reason, honestly, as evidenced by my messages, was I kept him because what condition
15:46would he be in knowing that I'm going to send him back to a home where he's not loved?
15:51I don't have anything else.
15:52I'm not saying she did the right thing, but she did make an offer to you to give the
15:56cat back and she would give you the money.
15:58And what were you going to do with it?
15:59After she paid for all those bills, were you going to pay for the bills?
16:02Um, no, I would not.
16:04I was not going to pay for her vet bills.
16:06Why not?
16:06Because the vet bills that she was allegedly sending me were not bills.
16:10They were estimates.
16:11When I zoomed into the pictures, it was estimates.
16:14And I know this because I take my other kittens to the vet and they hand you...
16:18Oh, I thought you don't know anything.
16:20We asked her to bring the cat back before she spent her money.
16:24Listen, she was crying, according to her.
16:26She did nothing but cry for two weeks.
16:28So if she's crying for two weeks, why can't you understand that they connected?
16:31And these are young children who don't have the sense of time that adults have.
16:35I don't have any other questions.
16:37We're going to retire to deliberate.
16:38Doctor, you may have a seat and ma'am, you may have a seat as well.
16:41Court now stands in recess.
16:43This case will be recalled.
16:44Parties are excused.
16:52I'm hoping we can make short work of this.
16:55I don't think there's any way the plaintiff doesn't get everything she's asking for.
16:58If she'd asked for more, I'd give her the additional amount and punitive damages.
17:03This was an intentional omission of material information.
17:08It was its own misrepresentation.
17:10It was deliberate.
17:11It just was wrong in every way.
17:14I mean, I think as we all know, if this case were being litigated in a court of unlimited jurisdiction,
17:19say it was a $100,000 case and a lawyer did something like that, they would lose undirected verdict.
17:24The judge would just say, I don't want to hear anything else.
17:26Case over.
17:27Do you know how many cases are reversed for withholding evidence or distorting evidence
17:31because of one little piece of paper, let alone just cutting it off?
17:34I mean, with just no regard.
17:37And truthfully, I think there was a bait and switch.
17:38I think that all along they were willing to give her a female kitten.
17:42And when it turned out to be sick, that was the one they gave her.
17:44The police, as we know, to be called for something minor like this when there are people being robbed
17:51and burglarized and murdered, that's what they need to do.
17:54They need to go check on a cat.
17:56Listen, in all fairness, if in fact the defendant was feeling threatened and harassed by those messages,
18:01which I don't believe rose to that level to begin with, you know, you're feeling threatened,
18:05you call the police, police will contact the other party and say, don't call.
18:08You call the police and lie to them and say that I sold her a healthy cat and she's all
18:14over me, that's a different story.
18:17It's not really a police matter at that point based on what we've seen on these papers here.
18:21No, here it was clearly not a police matter because she made it up because she contrived.
18:26She fabricated the story.
18:27I would assume we're unanimous in dismissing the silly countersuit.
18:30It's almost offensive.
18:32Absolutely.
18:37Court is back in session.
18:38I remind all parties you're still under oath.
18:40Thank you, Bert.
18:41We have deliberated and we've reached a unanimous verdict, both as to the complaint and as to the countersuit.
18:48I'm going to start with the countersuit first.
18:50As will very likely not come as a surprise to you, we are unanimous in dismissing it.
18:55We were offended by it.
18:57You cannot come to court on these sorts of facts when you have intentionally concealed evidence,
19:04then brought in law enforcement authorities, given them blatantly false statements and then say,
19:11you know what, I'm going to sue her for $10,000 because she said some unkind things to me,
19:16which, by the way, were all true.
19:18You sold her a sick cat.
19:20So we are very firm in dismissing your countersuit.
19:24It didn't even take much deliberation.
19:26Ms. Alcusa, we were also unanimous as to your complaint.
19:31I think the first thing on which we all agreed was that if you'd asked for more money, we would
19:34have given it to you.
19:35This is the easiest $5,000 verdict that any of us has seen in quite some time.
19:39The defendant gave you information about the health and condition of the cat
19:44that was intentionally manipulated.
19:47You are very firmly entitled to that $5,000.
19:51None of us had any questions about why you would keep a cat in your home that's already bonded with
19:55your family after five days.
19:57So the judgment in this case is in favor of the plaintiff for $5,000.
20:02Good luck to all of you.
20:02Thank you so much.
20:04The court is now concluded.
20:05Parties are excused.
20:06You may step out.
20:11Honestly, if I could, I would ask her for the kitten back right now and give her whatever she wants.
20:16I would not leave something like that in the hands of a breeder that way.
20:19I'm not a breeder.
20:20I'm just a high school student whose cat gave birth.
20:23I mean, she obviously did not take care of this cat, did not put his interest at heart.
20:27That kitten is like my child to me.
20:30Like all of my kittens, I take care of them so much.
20:34I think that's ridiculous.
20:35But I do take care of them.
20:37They're my babies.
20:38And saying that I don't is just completely wrong.
20:41Justice was served and do not mess with moms and their kids.
20:44Did someone break an agreement?
20:47Let Tribunal Justice decide your case.
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