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00:00She paid you to go move her, then he ghosted you.
00:03I was sitting out in the desert in a wheelchair.
00:07Did you call me a scammer and this and that?
00:09I cussed him out.
00:10You don't like the way that she was talking to you?
00:12I got a reputation to oppose.
00:13Yeah, and it's not a good one.
00:15I'm going to tell you right now.
00:16If I'm trying to be a nice guy, why can't she be a nice lady, too?
00:19Just because people use bad words doesn't mean that you
00:22get to keep all of their money.
00:23That's not how it works.
00:25Now on Tribunal Justice.
00:49Today's case was filed in West Covina, California.
00:53Your Honor, this is case number 3090, Bencomo v. Bernal.
00:57All parties have been sworn in.
00:59Thank you, Cassandra.
00:59You're welcome.
01:00You may be seated.
01:01Ms. Bencomo, you hired the defendant, ma'am, a neighborhood handyman,
01:05to move you from Palm, California, back home to Azusa, California.
01:10Is that correct?
01:11Yes.
01:11And you never agreed on a price, but yet you started to give him
01:15some periodic payments.
01:16But you said on two occasions he stood you up, then he ghosted you.
01:20You had to hire someone else to do this.
01:22You say that he owes you $900, the $750 you paid to him and $150 in emotional distress.
01:30And, sir, what you say, Mr. Bernal, is that you told her that you would help her, but you
01:36first had to fix your truck, but you say your truck failed the smog test.
01:40You had a problem with the U-Haul company, and she voluntarily sent you this money.
01:45So, therefore, you don't owe her anything.
01:47Yeah, I don't owe her nothing.
01:48Ma'am, you don't really know him.
01:50He's just a neighborhood fellow.
01:51Is that it?
01:52A very good handyman.
01:54A very good handyman?
01:55For two years, yes.
01:56A very trustworthy handyman.
01:58Well, I don't know if you still feel that way, but it was very nice of you to say that.
02:02So you hired him, and now what?
02:04What happens?
02:05I was in 29 Palms, out in the desert, two and a half hours from my home in Azusa.
02:11You moved there because of your health problems.
02:14Is that right?
02:15No, I had a serious elder abuse problem, and my therapist suggested that I get away
02:24and let things calm down.
02:25You didn't go back to that same place where you were being abused when you went back home,
02:30did you?
02:30Yes, I did.
02:31I went back to my home.
02:32Where you were being abused?
02:33Yes, ma'am.
02:34Why would you do that?
02:35Are you okay?
02:36Yes, yes, ma'am.
02:38Don't worry.
02:39So you're there.
02:40How do you get in touch with him?
02:41Back in October, I think I called him because we had an ongoing thing about him fixing little
02:49things in my own house.
02:50And he had helped you in the past, is that it?
02:52Oh, yes.
02:52And that's why you say, is all this true so far, sir?
02:54Yeah, so far.
02:55You had helped her out.
02:57She had paid you.
02:57You would help her and so on.
02:59Yeah.
02:59And here you had agreed that you were going to go there.
03:02That's correct.
03:02And that you were going to help her move back some things.
03:05Right.
03:05Your dresser, a bed, TV, right?
03:08You agreed you were going to do this.
03:10Yes.
03:10Now, she said she wanted to pay you, but you said, just give me whatever you want.
03:13Yeah, initially, I didn't ask for no retainer or none of that, right?
03:17Just, you know, and the way that I was doing with her, it's like, upon finishing whatever
03:21tax she may have had for me, I would then decide what I would charge her, you know?
03:25And what she paid me wasn't what the work was worth.
03:27And my reasoning for accepting was because I was going to have more work from her in the future,
03:32you know?
03:32Right.
03:32Now, you say, sir, that you told her your truck wasn't working.
03:36Yeah.
03:36And it happened, like, at the last minute to where it's not that it wasn't working.
03:39It's that I couldn't pass the smog.
03:41That's what it is.
03:41And I needed to get my sticker, my tag.
03:43You needed to get the sticker from the smog test.
03:46It was, it was, I was already a little bit late.
03:49But I didn't think that it wasn't going to pass, you know what I mean?
03:51I knew that it would pass.
03:52Yeah, I got that.
03:53So it's October, you sent him $100 from Zell, right?
03:57Yes.
03:58You were going to first move in November, but you changed that date, right?
04:01Yes, my daughter did not want me there in November.
04:05Okay, so you get your November, you sent him $200, and you say here,
04:10that was to help him fix his truck.
04:12Yes.
04:12But just because she's giving you money to help you fix your truck,
04:15she's really giving you the money to go pick up her things and deliver it.
04:19So, so far, she's giving you $100, $200, $350, and you put her on the calendar for what day?
04:26For the 6th of December.
04:28The 6th of December, right?
04:29Yes, ma'am.
04:29We all agree that that's it.
04:30December 6th comes along, you were packed, right?
04:34Yes.
04:34Are you ready to go?
04:35Outside in the desert, to make it easier for him.
04:39I took everything out about 7 o'clock in the morning, knowing how hot it gets,
04:44and about 6 o'clock in the evening, I realized he wasn't coming.
04:50You tell her December 6th, do you show up?
04:53No.
04:54Why not?
04:55Well, look, first of all, her mind isn't in the wheelchair.
05:00You know, she didn't, she leaves out how she cussed me out on the phone, she cussed out the dude
05:03at the U-Haul place.
05:04I don't care if she can do the tarantella back and forth from here.
05:07Okay, well.
05:07I want to know from you, you had an agreement with her to go pick her up on December 6th,
05:11why didn't you pick her up?
05:11I couldn't go because I didn't have the registration for my truck.
05:14I didn't want to have her trailer full of stuff and then get pulled over and stuff get taken away.
05:17When did you find out you didn't have the registration?
05:19Like a couple of days before I was supposed to go.
05:21So why didn't you call her a couple of days before?
05:22Because I was trying to get it fixed.
05:23That's the whole idea, I was going to get it fixed.
05:25No, you know what?
05:26You knew you were getting money from her and what you were trying to do was fix your truck.
05:30You weren't trying to make a plan to go get to her because you couldn't without a truck.
05:35Now you go to a U-Haul.
05:37What happens with that, ma'am?
05:39Even them are kind of dumb because I explained the whole thing.
05:43I said, I need to have somebody pick up a U-Haul here in 29, load me up, and move
05:51me to Azusa.
05:52How much would it be?
05:53They gave me the price, the mileage, and I gave them a credit card.
05:58I told Nick, the U-Haul is on your way here, so you can pick it up here in 29
06:04on the highway.
06:06Everything is taken care of.
06:08And you paid for that?
06:09Yes.
06:09Sir, did you have a vehicle that you were going to use besides your truck?
06:12Yeah, I had a partner.
06:13So you had another car.
06:14So you tell her this plan works, that you'll go to U-Haul, and you do go to U-Haul,
06:18according to you.
06:19Is that correct?
06:19Yes, that's correct.
06:20You go to U-Haul.
06:21What happens at the U-Haul?
06:21I'm here to pick up the truck that she was supposed to have secured and go and do what it's
06:26supposed to do.
06:27But it wasn't paid for.
06:28That's the thing.
06:29And I wasn't going to pay for it.
06:30She secured it.
06:31So did you ever go to where she was?
06:33No.
06:34I don't believe you went to the U-Haul either.
06:37Coming up on Tribunal Justice.
06:39I've said some real bad words, real bad words to him.
07:11Come on, let me hear.
07:41No.
07:47I saw a little cussing out in here.
07:51The credit card and everything, and you said it was okay, and now you're changing your mind.
07:56What is this business?
07:57How can you do this?
07:59I said, you know, it's two and a half hours.
08:02You can't do this right now.
08:03You can't change the rules.
08:05So who moved you?
08:06My girlfriend, my 70, same age as me, my 74-year-old girlfriend went and rented a truck.
08:14Part of the other money, she had to use her credit card, as you see by the receipt.
08:20Who put the stuff in the truck?
08:21The two of you?
08:23Yes.
08:23Your dresser, your 60-inch TV, six boxes and a bed?
08:27We did the, because it had a lift.
08:29So we would put the boxes on and just lift it in.
08:33Okay.
08:33But somebody did come at the end.
08:36Why would you not give her back her money?
08:39You didn't do your job.
08:41Once she said she was going to sue me, I'm like, well, because the work that I did previously for
08:45her was definitely worth more than...
08:47So your position here is I did other things for her before that I didn't charge her enough money for.
08:52So since she gave me this, I might as well just call it all even.
08:55Yeah, Peter Paul.
08:56You can't do that.
08:56What kind of business?
08:57No, why not?
08:57You can't do that.
08:58Why not?
08:59Because it's taking money from her.
09:00But I still, she took money from me when she didn't pay me like she should have previously.
09:04No, no, no, no, you didn't say that.
09:04If I'm trying to be a nice guy, why can't she be a nice lady, too, and be like, oh,
09:07you know what, that's worth more than this.
09:10That's the way I see it.
09:11Oh.
09:12That's the way I'm going to sleep at night, because someone's going to say, oh, you're stealing from an old
09:15lady, this and that.
09:15But that old lady does, she's got a mouth of a teenager, which is where she cussed you out and
09:19stuff.
09:19You know what I mean?
09:20You call me a scammer and this and that.
09:22I've got a reputation to uphold.
09:23Yeah, and it's not a good one.
09:24I'm going to tell you right now.
09:26I'm not going to let it go just by one person's opinion of me and my work.
09:29But you weren't scamming her out of this money.
09:30I'm not scamming nobody.
09:31Well, listen to me.
09:32Just listen.
09:33You're a fast talker.
09:34She paid you $650 to go move her and that.
09:38You don't have a right to say, I am now going to apply this $650 to prior jobs that I've
09:46done for you because you either didn't pay me in full or I didn't charge you enough because I thought
09:51I was going to get more business from you.
09:53You can't do that.
09:55You can't.
09:55You wouldn't want me to do it to you.
09:57You can't do it to her.
09:58You didn't do the job.
10:00I'm just not trying to be made feel bad about.
10:02Because the only reason it didn't happen is because of her attitude in her mouth because she wanted to be
10:07disrespectful on the phone and stuff.
10:08I'm not going to go and break my back for someone like that.
10:11Well, you didn't have to break your back, but you got to give the money back.
10:14Well, the thing, too, is like I don't have like a little separated something to go and put her money
10:18aside.
10:19It's like it went in checking account with the rest of my stuff and it just went out like with
10:22the rest of my stuff.
10:22I got to tell you, you are the strangest businessman I've ever seen.
10:26You can't just make up rules like I'm going to take it and I don't put it in a box.
10:30The bottom line is you don't carry through.
10:33You're part of a contract.
10:34You got to give the money back.
10:36If you don't give the money back, then you know what happens?
10:39They sue you.
10:41What upsets me about him, and I told him that.
10:44That's why I cussed him.
10:46How did you cuss him?
10:47What did you say?
10:48I said some real bad words.
10:49Real bad words to him.
10:51I've never used it.
10:52I said, you thief.
10:55Oh.
10:55Yeah, yeah, yeah.
10:56Something like that.
10:57That was pretty good.
10:58Pretty quick.
10:59That was pretty good.
11:00You asked me.
11:01Oh, wait, wait, here's another one.
11:03Oh.
11:03Nick, who wrote that out?
11:07I don't even want to get near her to pay her.
11:08She's probably going to hit me or something.
11:10Huh.
11:10Here we go.
11:12Whatever.
11:12You will now have to fix again.
11:14Is that you or her?
11:15No, not me.
11:16I don't talk to people like that.
11:21All right.
11:21I have to say that I needed that left, but you don't deny that she sent you $650.
11:26The only thing I'm denying is that there was no stipulation as to what it was for, so.
11:31Coming up on Tribunal Justice.
11:34Now, Ms. Bancomo.
11:35Yes.
11:36Can you think of any reason why the person at the U-Haul may have given him a hard time
11:43when he showed up?
12:09The only thing I'm denying is that there was no stipulation as to what it was for, so.
12:13Well, what were you going to drive up there for?
12:15Have coffee with her?
12:16Excuse me.
12:17He did know.
12:19I know.
12:19There is a note on the cell that says what.
12:21What does the cell note think?
12:23The note's from her.
12:24Yeah.
12:24So I could have put whatever she wanted on that note, just like I could have.
12:26But we have the text messages where you keep saying, I'm going to drive there.
12:30I'm on my way.
12:31I'll pick you up.
12:31I can't do it.
12:32And I wasn't until she tongue-lashed me like that.
12:34Then I'm like, I ain't doing nothing for her.
12:35I got to say, you two are really, don't ever do business with each other anymore, okay?
12:40Because, real, I know you think she said such nice things about you.
12:43Maybe because you gave her a good price, right?
12:45Yeah.
12:46Yeah, I did.
12:46There you go.
12:47Judge Levy?
12:48That's why it kicked me in the butt.
12:49Mr. Bernal?
12:50Yeah.
12:51It seems like, to me, that you were seeking a little street justice, on one hand, when
12:58you say, hey, listen, you get to talk to me like that, when I've been so good to you, and
13:03the money that you gave me, staying in my pocket.
13:05That's street justice.
13:07But you can't argue street justice, on the one hand, and then also tell Judge Domingo,
13:12hey, she didn't put exactly what that was for on the Zelle, and therefore I get to keep
13:15the money.
13:16You're either street justice, or you're legal justice.
13:20You're trying to play both ways.
13:22In all fairness, anything that you got from this job was more contractually that you were
13:27entitled to, because there was no contract.
13:29You said, don't bother paying me.
13:30Whatever you want to pay me, pay me.
13:32I don't think that's, that doesn't sound right, because I specifically told her that
13:35I didn't want any money from her.
13:36The first time we spoke, I'm like, don't send me, don't, you know, I don't need no money
13:39right now, because the job was two months out, so what do I, you know?
13:42So then she goes and puts it in there, and it's like, like I said, my money's funny,
13:45so if there's something in there, it's going to just go out with everything else, you know?
13:50And true, she could put anything that she wants on those Zelle payments, but she didn't.
13:54What she put on there was fix his truck, move day, and the moving day was December 6th,
14:01and then you knew it.
14:02So at least let's be honest with each other.
14:04And what it seems like to me is you know that you're a good guy.
14:07You treated her well in the past, and you've got good business from her, but you don't
14:09like the way that she was talking to you.
14:11No.
14:12Now, Ms. Bancomo.
14:13Yes.
14:14Can you think of any reason why the person at the U-Haul may have given him a hard time
14:21when he showed up?
14:22Maybe, you know, when you first call, you get a representative.
14:26Yeah.
14:26Okay.
14:27Nasty representative.
14:28I was talking on the 13th, I was talking to a manager.
14:32Okay?
14:33Can we agree that you might have gotten a little hot under the collar with the guy's manager
14:38or whoever represented it down at U-Haul?
14:41Yes.
14:41Yeah.
14:42Of course I did.
14:43Yeah, you did.
14:43Yes, I did.
14:44But here's what I'm going to ask you to consider next time, all right?
14:47When you used your credit card, they don't know who you are except that there's a person
14:52on the phone giving me this information.
14:54Yes.
14:54Which is why when the person comes down to pick up their truck pursuant to the reservation
15:00on the day, what they ask for is your identification.
15:05They want your identification to make sure that the person who gave us the credit card
15:10is the same person who's going to be picking up the U-Haul so that it's not a scam, because
15:15there are a lot of scams.
15:16Yes.
15:16Did you think about that when you were giving them a piece of your mind?
15:19No.
15:19No.
15:20I didn't.
15:20No.
15:21Yeah, so next time, you've got to think about that.
15:23I'm sorry, sir.
15:24I was also thinking of Nick.
15:27I know he has a family.
15:28I know he does jobs.
15:30And here he is at the U-Haul, and they're not honoring what they told me.
15:35Well, well, hold on.
15:36Well, listen, now, based upon our conversation, you kind of understand why.
15:39Yes.
15:40Right?
15:41I get it.
15:41Judge Acker.
15:42Thank you, Judge.
15:43So, Ms. Bencomo, here's the bottom line.
15:47He's afraid of you.
15:49It is true.
15:50Like I'm afraid of my grandma.
15:53We have somewhat of a past.
15:54She doesn't need to do all this to secure me.
15:56If I told her that her date was on my calendar, that that should have been it.
16:00Fair enough.
16:00But I think that she was really trying to go above and beyond and make sure that you had
16:05what she needed.
16:05It wasn't necessary.
16:06But when she did, that's it.
16:07I can appreciate that you got your back up.
16:10I mean, you know, I wouldn't want anybody saying to me, you thief, after all of this.
16:16I mean, that's pretty harsh.
16:17And I think you even admitted it was harsh.
16:19I mean, you look a little contrite.
16:21You don't feel good about talking to him like that.
16:23That's the sense I'm getting now.
16:26Coming up on Tribunal Justice.
16:28As I was sitting out in the desert, 100 degrees, in a wheelchair, not being able to eat.
16:36It's electric.
16:36It sounds like she's pushing herself in the air.
16:38Stop.
16:44I wouldn't want anybody saying to me, you thief, after all of this.
16:50I mean, that's pretty harsh.
16:51And I think you even admitted it was harsh.
16:53I mean, you look a little contrite.
16:55You don't feel good about talking to him like that.
16:57That's the sense I'm getting now.
16:58It came off way too sick.
17:00It came off way too smoothly for him to regret it later.
17:04Yes, it did.
17:05Because I was sitting out in the desert, 100 degrees, in a wheelchair, not being able to eat.
17:13No, hold on, sir.
17:13Not being able to.
17:14Did you just say it's electric?
17:16It's electric.
17:17It sounds like she's pushing herself in the air.
17:18Stop.
17:19Stop.
17:20If you don't have a little bit of empathy and common sense for a victim, she's older.
17:26She came through an abuse situation.
17:27She's now sitting out in the desert heat waiting for you.
17:31Like, tempers will flare.
17:33I'm not going to suggest it was right, but stuff happens to people when they're sitting out in the hot
17:38sun waiting for somebody who ultimately doesn't show up, especially after they paid them for the job.
17:43So I'm sorry that your feelings got hurt, but that doesn't mean that you don't owe her money.
17:49Just because people use bad words doesn't mean that you get to keep all of their money.
17:53That's not how it works.
17:54No.
17:55I don't have anything else.
17:57Then we are going to retire to deliberate.
17:59Thank you both.
17:59Court is now in recess.
18:02All parties will be called.
18:06He really was afraid of that little elderly lady.
18:08I have to tell you, he was like, he was annoyed that she was cursing him out because he doesn't
18:13talk like that.
18:13She talks like a teenager.
18:15I mean, he was thrown off of his game because of her personality.
18:19I mean, it's clear.
18:20He had an agreement with her.
18:21He was going to go get her.
18:22He didn't have a working truck.
18:23I know he wanted some money.
18:25He thought he could get things ready in time to go pick her up a couple of months down the
18:29road.
18:29She paid him periodically as she promised she would.
18:32And there were occasions in the text messages where he actually asked her for additional money for his helpers and
18:38so on.
18:39So meanwhile, he's complaining that it was too soon, yet he was asking her for additional money.
18:44It's clear he owes her the $6.50, the $100 that she lost waiting for him for the U-Haul.
18:49I mean, maybe she had some problem in the beginning that you can attribute to her.
18:53But I think that much of this was all caused by his not showing up when he was supposed to.
18:58So I'm willing to give her the $750.
19:00Listen, I agree.
19:01He definitely owes her money.
19:02The only question is whether she gets that $100 from the U-Haul.
19:06He was not responsible for the rules of U-Haul of not giving the truck to him because he was
19:11not the one on the reservation.
19:13Except she, you know, she had to go to U-Haul because of all the screwing around he was doing
19:18with my truck's not ready, my this.
19:19And so she doesn't really have a sophistication.
19:21You know what?
19:21At the end of the day, it is correct.
19:24He did take possession of that.
19:25He did take the $100.
19:26He never did get the truck.
19:28And therefore, I would agree, $750.
19:30You're not going to give her any emotional distress?
19:32Not on this one.
19:33Like him.
19:34Maybe him.
19:35I think he's the one who's suffering.
19:38Seems a little more distressed.
19:40I'm on board with that.
19:41Very good.
19:46Court is back in session.
19:47Both parties are reminded that you're still under oath.
19:49Thank you, Kassan.
19:50You're welcome.
19:51Well, you know, looking at the both of you, sometimes you can make a quick assessment.
19:55And you look like the real tough guy and you look like the woman that needs a little bit of
19:59help.
19:59But you're the toughie here.
20:01You're the tough cookie in this one.
20:03You know, she threw you off your game.
20:04She held you to your commitment to her.
20:06So, we're unanimous in agreeing, sir, that you owe her the $750 that she laid out for this move that
20:13never occurred.
20:14Just because you didn't take that money and put it in a little Bencomo box doesn't mean that she's not
20:20entitled to that money back.
20:21And so, you do owe it to her.
20:24Watch your language.
20:25Yeah.
20:25The verdict is unanimous in your favor for the $750.
20:30This case has concluded.
20:31All prize unscused.
20:37First of all, I told her, don't give me no money, a friend.
20:39I don't want it, honestly.
20:40I didn't mean to be mean to him or cuss him out.
20:43She said, the desert, it's hell hot over here.
20:45I had been sitting out in 100 degrees weather.
20:50She needs to, like, learn how to chill out a little bit.
20:52I'm okay.
20:53I'm okay.
20:53She's not in her wheelchair, trust me.
20:55She's definitely got a mouth on her and she's got her attitude to go with it.
20:58I was really mad at him.
21:00Are you a senior citizen who's being taken advantage of?
21:04Let Tribunal Justice put the shine back in your golden years.
21:07Find us on social media.
21:30Beep.
21:33We'll be right.
21:34Beep.
21:36Beep.
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