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Transcript
00:00:00You're going through his phone, you find he's making a date.
00:00:03There is an argument.
00:00:05Because I did not think that we were ever going to break up.
00:00:07The police were called, and you told the police that he didn't live there.
00:00:11I think that you were really angry.
00:00:13You have to stop being angry.
00:00:15Mr. Henry, what you're doing is suing the defendant with whom you had a relationship for a period of time
00:00:20for the return of property that you had in an apartment that you once shared,
00:00:26and for filing a false restraining order, a false police report.
00:00:30Yes, Your Honor.
00:00:30The defendant says that you never lived with her, that you damaged her front door,
00:00:37and you filed a restraining order against her that was false.
00:00:41So, Ms. Christian, I think I'm going to start with you.
00:00:44Yes, ma'am.
00:00:44According to the papers that were filed, you and Mr. Henry did in fact live together for a period of time.
00:00:51Up until...
00:00:52October 9th.
00:00:53Shh!
00:00:53Up until October 9th of 1921.
00:00:58Yes, Your Honor.
00:00:58Of 2021.
00:00:591921.
00:01:00Hardly, almost the year of my birth.
00:01:03Yes, ma'am.
00:01:042021.
00:01:06When he left.
00:01:07Yeah, without a note.
00:01:08Just a second.
00:01:09October of 2021.
00:01:11Then the information that I have contained in these papers indicate that he sort of came begging back,
00:01:19and that was in February...
00:01:22Yes, ma'am.
00:01:22...of 2022.
00:01:24And you took him back.
00:01:25Yes, ma'am.
00:01:26And he was living with you.
00:01:28You were living in the same apartment from February of 2022...
00:01:33Oh, ma'am.
00:01:34...until what you say in your answer is June of 2022,
00:01:39when for some reason you were looking through his phone.
00:01:44Now, you were looking through his phone because he was acting weird or whatever.
00:01:49Yes.
00:01:49That's June of 2022.
00:01:51You understand where I'm going, Miss Christian, don't you?
00:01:54Of course you do.
00:01:55So, from February of 2022, February, March, April, May, for four and a half months,
00:02:02Mr. Henry and you occupy the same residence.
00:02:05No, ma'am.
00:02:05Your residence.
00:02:06No, ma'am.
00:02:06Well, that's what you say.
00:02:08No, ma'am.
00:02:09Oh.
00:02:09He lived in his own apartment in Merritt Island.
00:02:11We got back together.
00:02:13Here we go.
00:02:13On February 15th, 2022, he contacted me and we got back together.
00:02:20He had his own place and never lived with me again.
00:02:23He would stay over occasionally and bring a few things to make himself comfortable.
00:02:29On June 21st, I went through his phone because he was acting weird.
00:02:35Where was he when you went through his phone?
00:02:39He was asleep.
00:02:39He was asleep where?
00:02:41In my bed.
00:02:42Okay.
00:02:43In the apartment.
00:02:44Yes.
00:02:45I work at 6 o'clock.
00:02:46In the apartment.
00:02:47Yes, ma'am.
00:02:48Of course, yes, ma'am.
00:02:49And I saw that he was setting up a date with the mother of his child.
00:02:56Yes, ma'am.
00:02:56I got upset.
00:02:58Dropped off my son and then came back home while he was packing.
00:03:03He told me he was taking my couch, TV, dresser, dining table, and everything in my apartment.
00:03:10So, my next question to you is, who paid for the couch?
00:03:14Me.
00:03:15Would you like to see a receipt?
00:03:16I don't have it.
00:03:18Who paid for the couch?
00:03:19It was a couple years ago.
00:03:20Shh.
00:03:20I'm sorry.
00:03:21My brother, Adonis Glover, he's the one that gave me the furniture.
00:03:25Just a second.
00:03:26He gave me the couch, the love seat, the lamp, you know, a few other things listed on that document.
00:03:32When did he give them to you?
00:03:33He gave it to me before me and Ms. Christian moved in the first apartment.
00:03:38So, let's go back.
00:03:40Where was the first place that you lived with the defendant?
00:03:43Cocoa, Florida.
00:03:44Okay.
00:03:45From when to when?
00:03:46From 2020, October, to February, March 2021, because that's when her lease was up.
00:03:53Were you both on the lease in that apartment?
00:03:55No, I wasn't on that lease.
00:03:57Just you?
00:03:58Yes, ma'am.
00:03:58And that's the first place that you lived together?
00:04:01Yes.
00:04:01And why did you leave that place, Mr. Henry?
00:04:04She was relocating to Titusville.
00:04:06I helped her move into it, and I moved in as well.
00:04:09Does that sound familiar to you?
00:04:12Be very careful what you say to me, because I, when I say I read the papers and I have
00:04:18my own preconceived ideas of what this case is about, based upon 50 years worth of experience,
00:04:24be very careful what you say to me.
00:04:26Yes, ma'am.
00:04:27Great.
00:04:27Does that sound familiar to you?
00:04:29No, ma'am.
00:04:30He is lying.
00:04:30He is lying about what?
00:04:32Adonis did not give him that furniture.
00:04:35Furniture was given to me.
00:04:36Never was given to me.
00:04:37Just a second.
00:04:38So we're not talking about the furniture now.
00:04:41We're talking about when you lived together.
00:04:45Okay.
00:04:45You first lived someplace together and then moved into another place.
00:04:49Yes, ma'am.
00:04:50So that sounds familiar.
00:04:51Am I correct that this is all about furniture?
00:04:56No.
00:04:56Mr. Henry, value of property.
00:04:59She's not paying you for property, for furniture that was given to you that was secondhand.
00:05:04You have to understand that.
00:05:05If I find that it's your furniture, you're going to go and get it.
00:05:08Yes.
00:05:09That's what I was hoping.
00:05:10Just a second.
00:05:11You're going to go and get it.
00:05:12Yeah.
00:05:12If you can establish to me that it's your furniture, you can keep it.
00:05:16You're not a married couple.
00:05:17I have a couple of issues with some things that I think that you did because I actually
00:05:23think that you were together and he was packing his things.
00:05:26But then the police were called and you told the police that he didn't live there.
00:05:31Isn't that right?
00:05:35Yes.
00:05:36Because...
00:05:37And just a second.
00:05:38And that wasn't true.
00:05:39It is true.
00:05:40Tell me where he was living.
00:05:42He was living in Merritt Island.
00:05:43Whenever we broke up in October, from October to February, we broke up.
00:05:49He reached out to me the day after Valentine's Day.
00:05:51We started talking.
00:05:52He was buying me gifts to try to get back in my good graces.
00:05:55He was doing all this extra stuff to try to get back in my good graces.
00:05:58We got back together.
00:05:59He never did move back in with me.
00:06:01He always did live in his apartment in Merritt Island.
00:06:04I work at 6 o'clock in the morning till 12 p.m.
00:06:07Sometimes whenever I didn't have a babysitter, he doesn't have a job, he would watch my son.
00:06:11That's why he had a key.
00:06:12That's why he had to spend the night bag and all of that.
00:06:14He would bring over his clothes, shoes, PlayStation, anything to make himself comfortable to stay the night.
00:06:19And whenever the police were called, they made him collect all of those belongings and leave.
00:06:23They escorted him off the property, told him that he was not allowed back.
00:06:26They told me that...
00:06:28Well, that's because if that's what's happened, that's because they believe you, which I don't.
00:06:32Okay.
00:06:32They definitely...
00:06:34That's because they believe you and I don't because if he was trying to get back in your graces and he was living in his own space and you weren't back together again, why in the world were you going through his phone?
00:06:44If you were just a casual gal and the casual gal doesn't let him stay with her son because, well, he was available and he wasn't working, so we watched my son and he stayed over there.
00:06:55That all sounds like a whole lot of who shot John.
00:06:59And it was convenient for you to be able to say he doesn't live here.
00:07:02So all I want to know, Ms. Christian, is this case is mostly about furniture, used furniture.
00:07:09I also have a TV there.
00:07:10Do you have the receipt for it?
00:07:12Yes, I have a title.
00:07:13I'd like to see it.
00:07:14You have a TV in the house that belongs to him?
00:07:17So the TV was...
00:07:18Just a second.
00:07:19That's either yes or no.
00:07:20No, the TV does not belong to him.
00:07:21Who does it belong to?
00:07:22The TV was a gift from him to me that I ended up paying off because he told me when he bought it that it was bought cash.
00:07:31Whenever, months later, I paid the TV off.
00:07:33No, you didn't.
00:07:34Just a...
00:07:34Shh!
00:07:35First, you're going to show me that you paid it off.
00:07:37I assume you have proof that you paid it off?
00:07:39I paid him cash for it because I did not think that we were ever going to break up.
00:07:42So, well, you never thought you were going to break up.
00:07:44I thought he didn't live with you.
00:07:45Like...
00:07:46Just a...
00:07:46I thought he didn't live with you.
00:07:47You don't buy TV for somebody that you don't live with, that you're not going to watch all the time.
00:07:53Eventually thought we were going to move into a house together, Your Honor.
00:07:55Your Honor.
00:07:56Oh, don't tell me what you thought.
00:07:57The TV that was bought was before I even...
00:08:00Okay.
00:08:00I had nothing...
00:08:01That's a PlayStation and Nintendo...
00:08:03It's still a property that's still at the apartment.
00:08:04Okay.
00:08:05These are things that you say are yours.
00:08:08Yes.
00:08:09That you bought and paid for.
00:08:10Yes.
00:08:10Okay.
00:08:11All of these receipts.
00:08:12All of it.
00:08:13No help.
00:08:14Okay.
00:08:14So let's go beyond the point of...
00:08:18Now you're back together again because that's what I believe.
00:08:20He's in bed.
00:08:21You're going through his phone.
00:08:23You find he's making a date with the mother of his child.
00:08:26You get annoyed.
00:08:27You take your son to another location because you know that there's going to be an argument.
00:08:31You come back.
00:08:32There is an argument.
00:08:33Yes.
00:08:34He wants to take stuff, whatever.
00:08:36Police are called.
00:08:37You tell the police he doesn't live there.
00:08:39They escort him out.
00:08:40He wants his property now.
00:08:42You're not married, people, whoever paid for the property or whoever...
00:08:45Property.
00:08:45Okay.
00:08:46He has a Nintendo, a PlayStation, Sony...
00:08:50Your Honor, he collected those whenever...
00:08:51Just a second.
00:08:52A queen mattress and foundation.
00:08:55And we have May of 2022.
00:08:58This is a TV.
00:08:59An LED TV.
00:09:01That was my birthday present.
00:09:03Nah.
00:09:04What?
00:09:06Okay.
00:09:06So I have titles to these things.
00:09:08Do you have titles or receipts for any of these things?
00:09:10I don't have receipts for any of those things.
00:09:13He grabbed his PlayStation, his Switch, and everything whenever he left.
00:09:16The only thing that is in my apartment is the TV that he bought me for my birthday.
00:09:21May is my birthday.
00:09:21May 7th is my birthday.
00:09:23That was my birthday present that he bought for me.
00:09:25Did you take your Nintendo?
00:09:27No.
00:09:27Did you?
00:09:27I haven't had...
00:09:29Wow.
00:09:29Recently, that was something different.
00:09:31My storage unit was just broken into.
00:09:33This is why I don't have original documents.
00:09:35And she stole more of my property.
00:09:38I don't know that.
00:09:38Did you file a police report?
00:09:39Yes, yes, ma'am.
00:09:40Okay.
00:09:41Did they ever find any of the property?
00:09:43No, not right now.
00:09:44Okay.
00:09:45The couch, whatever other furniture is there, is how old?
00:09:50I mean, it used to be used furniture.
00:09:51So it was...
00:09:52Yeah.
00:09:53My brother Donis got it when he paid for it.
00:09:55It was kind of like a bundle deal for the apartment, like a lot of furnishing.
00:10:00And I ended up giving him some money for, you know, looking out.
00:10:03That was two, three years ago?
00:10:05Yeah, yeah.
00:10:06And it was used furniture at the time?
00:10:07Yeah, yeah.
00:10:08It wasn't nothing like brand new out of the seal.
00:10:10How much did you pay for the TV?
00:10:12I got taxed when I was like at $15, almost to $2,000, because it's a 60-inch smart TV.
00:10:17Okay.
00:10:18So what is it that you want, is my question?
00:10:21I want a court order to go get the rest of my property.
00:10:24What?
00:10:24Jeff, I have to know what the rest of your property is.
00:10:27Yes.
00:10:27You have the TV.
00:10:28The TV.
00:10:29I have asthma medication.
00:10:31I have plantar arthritis.
00:10:32She doesn't...
00:10:33I want to tell you something.
00:10:33She threw out your asthma medication.
00:10:35I believe so, too.
00:10:36She threw out your asthma medication.
00:10:38Yeah.
00:10:38What else?
00:10:39I have crutches.
00:10:40I have...
00:10:41You have what?
00:10:42Crutches for...
00:10:42And certain things.
00:10:44I have a...
00:10:45You don't...
00:10:45PlayStation.
00:10:46You don't need crutches.
00:10:47And the PlayStation, you said, was in the storage unit.
00:10:51Yeah.
00:10:51Well, I'm not interested in the storage unit.
00:10:53So far, I have a TV.
00:10:55What else?
00:10:56My mattress, my bed, my...
00:10:58Yeah, you don't want that.
00:10:59The stuff that I had.
00:10:59You don't want that.
00:11:00The apartment.
00:11:00You don't want a mattress.
00:11:02Are you back with this lady now?
00:11:04No.
00:11:04Where are you living?
00:11:05I've been living on the streets.
00:11:07I've been living out of my car ever since this has been happening.
00:11:09Where are you going to put a mattress?
00:11:10I have a storage unit that I was going to just collect.
00:11:13I'm pretty much just trying to salvage what I can, because I have things that's sentimental,
00:11:16stuff from my grandmother passing away, things that I really can't put a price tag on.
00:11:20I just want to be able to get a quarter to just get the rest of my belongings.
00:11:23I don't know what the rest of it.
00:11:24I have a TV.
00:11:26You have no place to put a mattress that's a couple of years old.
00:11:29So you really don't need that.
00:11:31I mean, I can give you an audit to get your mattress, but what are you going to do with it?
00:11:34It's just going to cost you to go get it and to store it.
00:11:37So you really don't need it.
00:11:38I don't need it, but I would like to still get all of my property back.
00:11:42Like, the stuff that I paid for, because I worked.
00:11:44I worked hard.
00:11:45I furnished my apartment.
00:11:46I'm giving you your TV back.
00:11:47You're going to get the TV.
00:11:48I haven't figured out what else it is that you really want to make this whole thing worthwhile.
00:11:54I'm not giving you any money.
00:11:55Do you want the mattress back?
00:11:58You paid for it.
00:11:59You're entitled to it back.
00:12:00I can give you an order for the mattress and the TV.
00:12:03Okay.
00:12:04And I also have electronics, like, from games to controllers, just so much things that, like, add up.
00:12:13TV, mattress, box spring.
00:12:16He's going to come and get it with a Marshall, but he's coming to get it within five days from today.
00:12:21So what if I pull up my bank statements to show that I gave him cash around the same time that whenever it was, like, pulled up and everything?
00:12:27Because I did give him cash for the TV, for the bed, for actually more than he ever even put into it.
00:12:32Let me explain something to you.
00:12:34Unless you have a check made out to him, I have a problem with somebody who lies to the police.
00:12:40Ma'am, I...
00:12:40I do.
00:12:41I have trouble with somebody who got very angry because her boyfriend, who was living there, watching her son, brought a TV, bought a mattress, bought a box spring, bought all of those things,
00:12:52and then you got annoyed that he was involved again with his child's mother.
00:12:57You dropped off your son someplace else to come back to have a fight with him.
00:13:03You did have an argument with him.
00:13:06Police were called.
00:13:07You said to the police, he doesn't live here.
00:13:09Your Honor, he moved out.
00:13:11He doesn't live here.
00:13:12That's what's here.
00:13:13Your Honor, I never moved out.
00:13:14He moved out in October.
00:13:15We had a whole business together.
00:13:16No, we do not.
00:13:17That business is in my name, and I have the receipts to that, too.
00:13:20You have to understand something.
00:13:21I know what happened.
00:13:23I don't believe you.
00:13:24Ma'am, I'm telling you the truth.
00:13:25No, you're not.
00:13:26You're not telling me the truth that when the police came, you said, he doesn't live here.
00:13:31Yes.
00:13:32He doesn't live here.
00:13:33Put him outside.
00:13:35He took all of his belongings.
00:13:36Did he take his...
00:13:38Oh, no.
00:13:38May I finish?
00:13:39He took all of his belongings on October 9th.
00:13:42Whenever he left, without a call, without a text message, without anything, he broke up with me and left.
00:13:46He got back in contact with me in February.
00:13:49Mind you, we never lived together after that.
00:13:51He was just staying over to watch your son when you got angry in June.
00:13:55Whenever...
00:13:55Whenever we...
00:13:56It was June.
00:13:57It was June, four and a half months later.
00:13:59Which he would go back to his apartment.
00:14:00He would come...
00:14:01He never stayed more than a couple nights consecutively.
00:14:03Okay.
00:14:03He's coming to get his TV.
00:14:05He's coming to get his mattress and box spring.
00:14:07Can we talk about my counterclaim?
00:14:09You have a counterclaim for damage to the front door.
00:14:12Yes, ma'am.
00:14:12Okay?
00:14:13Damage to the front door.
00:14:14Kicked my front door down.
00:14:15Okay.
00:14:16When did he do that?
00:14:17The day after he was police escorted.
00:14:20They told him not to come back.
00:14:21And the next day, he came back and kicked my door down right in front of the police officer.
00:14:25So he came back with a police officer.
00:14:28And kicked my door down.
00:14:28Just a second.
00:14:30He came back with a police officer.
00:14:32And the police officer was there when he broke into your apartment.
00:14:36Yes, and they were going to take him...
00:14:38No, no, tell me what they were going to do.
00:14:40And they did nothing.
00:14:42Well, they trespassed him from my apartment complex.
00:14:45I'm asking you what you're telling me is, madam, which is why I have problems with you right from the get-go.
00:14:52What you're telling me now is he came back to get his property the next day...
00:14:57He didn't come back...
00:14:58...with a police officer.
00:15:01Yes.
00:15:01And what you're telling me, a police officer, and what, you live in Florida?
00:15:05Yes.
00:15:05What you want me to believe, that a police officer saw him kick down your door, go into your apartment, take property, and did nothing.
00:15:14That's what you want me to believe.
00:15:15He didn't not do anything.
00:15:17He was completely confused on who actually lived there.
00:15:20Don't tell me...
00:15:20You're telling me a police officer was confused.
00:15:22I'm telling you the truth.
00:15:23They were very confused on who actually lived there.
00:15:25Well, bring me just a second.
00:15:26They were trying to figure out if it was my apartment, his apartment.
00:15:28I had to go get my property manager, bring my lease that only had my name on it.
00:15:32You don't understand.
00:15:33The last place you lived with him full-time, your name was on the lease, too.
00:15:37Only yours.
00:15:38Correct.
00:15:38And you lived together.
00:15:40So now you took his lease again, just in your name, and said, he's not on the lease.
00:15:46He doesn't live here.
00:15:47We broke up, though.
00:15:48Okay.
00:15:48All right.
00:15:49He's coming to get his TV.
00:15:50He's coming to get his mattress.
00:15:51Goodness.
00:15:52Okay.
00:15:52And I would like to see a police report.
00:15:54I would like to see...
00:15:55I also have an iPad.
00:15:56Don't...
00:15:57Just a second.
00:15:58Okay.
00:15:59You're done.
00:15:59You're going to get your TV, your mattress, and your box spring.
00:16:03Unless you have some sort of a police report for me, I don't believe you.
00:16:09I think that you were really angry, and you were dishonest with the police, and you felt
00:16:14that you were being taken advantage of.
00:16:19Judge, case 2076, Miller v. Pina.
00:16:23You're welcome.
00:16:25Mr. Pina, is that your son?
00:16:27Yes, it is.
00:16:27The one who was driving the car?
00:16:29Yes.
00:16:29Okay, good.
00:16:30You stand up next to your father.
00:16:32Mr. Miller, is your claim that the defendant's son hit your car that was parked in a parking lot?
00:16:40Yes, Your Honor.
00:16:41And it was parked in the parking lot of a high school?
00:16:45Yes, Your Honor.
00:16:45Do you work in that high school?
00:16:47Yes.
00:16:47As what?
00:16:48I'm a teacher.
00:16:49What do you teach?
00:16:50I teach what's called on-site continuations, a continuation classroom for 10th through 12th grade students.
00:16:56Do you go to that school?
00:16:57Yes, Your Honor.
00:16:58Okay. On what date did you park your car when you allege it was hit?
00:17:02That was on March 8th, Your Honor.
00:17:04You were in school that day?
00:17:05Yes, Your Honor.
00:17:06Now, you should know that in reviewing this case, Mr. Miller, because he was not there when his car was hit.
00:17:12Correct.
00:17:12Correct? And so he alleges that it was you who hit his car and then left the scene.
00:17:18Your father said it was not you who hit his car, and there's no proof that it was you who hit his car.
00:17:23That's what your father said. Before you answer my questions, I'm going to tell you that Mr. Miller has a video that he says was taken by school cameras that were zoned onto the parking lot that demonstrates that you actually did hit his car and leave.
00:17:41So now we're going to go back to March 8th, and you're going to tell me what happened with Mr. Miller's car.
00:17:50So I drive myself to school every day, or at the time I was driving myself to school because that was my only way of getting to school.
00:17:57Did you have a driver's license?
00:17:59At the time, no, I did not have a driver's license.
00:18:00So you were driving a car without a driver's license?
00:18:03Yes, Your Honor.
00:18:04And what kind of a car were you driving?
00:18:06It was a 1991 Camaro.
00:18:07Where did you get the car from?
00:18:09Me and my dad had gone off the street. It was a project car.
00:18:12How old are you?
00:18:1317.
00:18:14Did you try to take a driving test?
00:18:16Yes.
00:18:17When?
00:18:17Back when I had turned 17, actually, in February of last year.
00:18:22And you didn't pass it?
00:18:23No.
00:18:24Did you take the written test?
00:18:26No.
00:18:26What did you take in February?
00:18:28The practical test.
00:18:29Just the practical test, the driving test?
00:18:32Yes.
00:18:32And you failed that?
00:18:33Yes.
00:18:34So despite the fact that you failed that, you drove the car, and your father knew that you were driving the car without a license.
00:18:41That's a yes or a no?
00:18:42Yes.
00:18:42Was there insurance on this car, Mr. Pena?
00:18:45No, there wasn't.
00:18:46So no insurance, no license. So far, not good parenting. You understand that, Mr. Pena?
00:18:54Yes.
00:18:54Great. Okay. So you drove yourself to school, and?
00:18:58Um, there's a parking lot that all the students, teachers, um, anyone who goes to school, really, they can park at.
00:19:03Yes. Nobody suggests you were trespassing in a place that you weren't supposed to be.
00:19:08Yeah. So every morning, um, I would park in...
00:19:10Not everyone. Look at me. That day, Mr. Miller's car.
00:19:14Yes, Your Honor. That day, March 8th, I came to school as usual, and I parked in my area, and then one of the on-school deputies that the school has, he pulled up right behind me as I parked, and he asked me for my information. He asked me for my name, my school ID.
00:19:28I want to know what happened with Mr. Miller's car.
00:19:31Oh, nothing happened with Mr. Miller's car.
00:19:32So what you're telling me is that you did not hit Mr. Miller's car. Is that what you're telling me?
00:19:38Yes, Your Honor.
00:19:38What car were you driving that day?
00:19:411991 Camaro.
00:19:42What color is it?
00:19:43Red.
00:19:44How long have you been going to that school?
00:19:46It's my fourth year going.
00:19:47How many other people drive a 1991 Camaro? Red.
00:19:52Mm...
00:19:52Nobody.
00:19:53Nobody.
00:19:53And so I'm going to watch this video. Sarah, do we have the video?
00:19:57I have it.
00:19:58So...
00:20:02Mm-hmm.
00:20:05Wait, you'll see it.
00:20:09Okay. You had a truck?
00:20:11Yes, ma'am.
00:20:12Okay. Okay, so there's no question you hit the truck. Do you want me to show you the video?
00:20:17Um, no, Your Honor.
00:20:18Okay. Well, if you don't want to see the video, that's because you told me a lie.
00:20:23Oh, yes, I'd like to see the video.
00:20:25Absolutely.
00:20:25Going to watch very carefully, you pulling into a spot, and the truck moved as you were pulling in.
00:20:33Have they shown you the video, Mr. PeƱa?
00:20:35They showed me a different version of that video.
00:20:38Well, I've just seen the version that I saw.
00:20:44Got it?
00:20:45Yes, Your Honor.
00:20:46Saw the truck move, did you?
00:20:48Yes, I did.
00:20:49When you were pulling in next to it?
00:20:50Yes, I was.
00:20:51When you were pulling in next to it.
00:20:53So that didn't happen because there was an earthquake. That happened because you hit the truck.
00:20:58Yes, Your Honor.
00:20:58Fine. Now we understand each other, Mr. PeƱa?
00:21:01Yes.
00:21:01Great. That's a yes.
00:21:03Okay.
00:21:03Can I see pictures of your truck, please, and the estimate to repair it?
00:21:07Yes, Your Honor.
00:21:07Have you seen the photographs?
00:21:20Yes, Your Honor.
00:21:21Okay.
00:21:22Totally consistent, right?
00:21:25Okay.
00:21:27Mr. Miller, you're from California?
00:21:30Yes, Your Honor.
00:21:30Do you regularly teach today?
00:21:33Yes.
00:21:33So you had to take a day off?
00:21:35Yes, I have a substitute today, yes.
00:21:36How many days off are you allowed?
00:21:38Ten per year. I've accumulated quite a few because I don't take many days off.
00:21:43You get paid for those days?
00:21:44I get compensated because I have sick days or personal necessity days.
00:21:49The reason I'm asking you these questions, Mr. Miller, because it's no question that you are entitled to have your car fixed.
00:21:54But that's, to me, even though that's all you're requesting, I think the fact that Mr. PeƱa allowed his son to drive a car without insurance and without a license, not only without a license, but knowing that his son took a driving test the month before and failed it, which means that he was not a good driver.
00:22:14Not a good enough driver to get a driver's license.
00:22:18And I have a lot of people in my family that don't drive well, that I don't like to be in the car with.
00:22:24But they all have driver's licenses because they managed to pass a driving test.
00:22:28So I know that you are only requesting the $1,524, but I'm actually awarding you $2,500.
00:22:37Thank you, Your Honor.
00:22:37And that's for the aggravation of instead of Mr. PeƱa saying to you, I'm sorry, my son hit your car, because either his son lied to him.
00:22:46Your Honor, can I say something?
00:22:47Either his son lied to him or his son told him the truth, but he lied to me.
00:22:53And he's the grown-up.
00:22:55He set an example for his son that said it's okay to break the law.
00:23:00Not only for you, because you take the car to school.
00:23:03Take the car to school, even though you failed.
00:23:05Take the car to school.
00:23:05It has no insurance if you hit somebody in that car and you seriously injure them.
00:23:11That car has no insurance.
00:23:12The car has no insurance.
00:23:13He has nothing to lose.
00:23:14The car has no insurance.
00:23:15But the person who he hit, the person whose property he may have destroyed, they have no recourse.
00:23:21You understand, sir?
00:23:22That's a bad parental example.
00:23:25You want to say something to me or not?
00:23:27Yes, I do.
00:23:31I don't care that you didn't like it.
00:23:34That's not as apparent.
00:23:35The lesson you should be teaching.
00:23:37And whether or not you like the way the sheriff spoke to him, that is totally irrelevant to me.
00:23:43Later.
00:23:44I paid as much as I could, supporting him.
00:23:47I wasn't getting paid rent for his room.
00:23:50What happened is, you both sort of took advantage of this rent moratorium.
00:23:54Not true.
00:23:55Not true.
00:23:57Like was how he got approached.
00:24:01I don't care whether you like it or not.
00:24:03That's what I do.
00:24:03I don't care whether you like it or not.
00:24:05Did your son come home from school that day and say, I hit somebody's car?
00:24:10No, he didn't.
00:24:11No, he didn't.
00:24:11Just a second.
00:24:13And when you asked him whether he hit somebody's car, what did he tell you?
00:24:18Just be careful.
00:24:19He said, I think.
00:24:20I think.
00:24:21I felt intimidated by the sheriff and him.
00:24:24I don't care that you didn't like it.
00:24:27I don't think you knew this car.
00:24:27That's not as apparent.
00:24:28That's not as apparent the lesson you should be teaching.
00:24:31First of all, you allowed your son to violate the law.
00:24:36You allowed it.
00:24:37And then, I mean, I would certainly know whether I caused that much damage.
00:24:42He knew that that car moved.
00:24:43So either he lied to you or you lied to me.
00:24:46And whether or not you liked the way the school official spoke to him or the sheriff spoke to him,
00:24:52that is totally irrelevant to me.
00:24:56That shouldn't be the takeaway from this.
00:24:58The takeaway from this is you're supposed to follow the rules.
00:25:02The rules are meant for everybody.
00:25:03And that includes you and your kid.
00:25:06Judgment for the plaintiff in the amount of $2,500.
00:25:08We have finished here.
00:25:09This court is adjourned.
00:25:10Police officer came behind me when I parked and accusing me that I had hit someone.
00:25:15The school deputy saw the video and knew the car.
00:25:17So he approached the student.
00:25:19And the person who I had supposedly hit came out with a megaphone yelling at me.
00:25:24There is no megaphone.
00:25:25So I don't know where that came from.
00:25:28Telling me that I had hit him.
00:25:29So I was kind of like freaking out.
00:25:31I didn't really know what to think.
00:25:32If it happened to me, he could hit someone else.
00:25:34And I didn't know I hit your car.
00:25:35Like, did I hit your car?
00:25:36Like, I didn't even know what to think.
00:25:37I could have sworn I did not.
00:25:38This was fortunate that it was just a parked car in a parking lot.
00:25:41It is time to get his license.
00:25:42Yes, that's correct.
00:25:43It's time to get the car fixed and just get some closure on this.
00:25:47In our family, we would call that contact a love tap.
00:25:51And as someone who has had a few run-ins, potentially, with stationary objects, I will tell you.
00:25:58Not potentially.
00:25:58I will tell you, you know when you hit a stationary object, even if it's just a light little love tap.
00:26:05So I just thought it was outrageous that the defendants, father and son, tried to, they knew that there was a video, and still took the position of, nope.
00:26:14Nope.
00:26:15Nope.
00:26:15Well, his father's position was, I didn't like the way they spoke to my son, and therefore, I'm not responsible.
00:26:21They shouldn't have spoken to him.
00:26:23I mean, he's 17 years old, but he looks like a man.
00:26:24He's taller than his father.
00:26:26You have to take responsibility.
00:26:27But you have to take responsibility and not drive a car, especially.
00:26:31You failed a driving test.
00:26:33The most basic thing, I mean, you know, we have people.
00:26:36I will say, I did pass on the first try, so.
00:26:38Yes, but we have people in our family who actually did not.
00:26:40Okay, yes.
00:26:41And they didn't drive.
00:26:43They will not be named.
00:26:43And they didn't drive a car until they could pass a driving test.
00:26:46And their parents were the first ones to say, no, no, no, no.
00:26:49No, no, no.
00:26:49No shot until you pass that test.
00:26:51Absolutely.
00:26:51So parents need to be responsible as well.
00:26:53Right.
00:26:54Case 2104, Birkland versus Lefkowitz.
00:26:56Our party, please step forward.
00:26:59Shannon Birkland is suing her former roommate, Ian Lefkowitz, for unpaid rent and eviction costs.
00:27:07Ms. Birkland, how long had you lived in your residence?
00:27:09Prior to the defendant moving in?
00:27:11Yes.
00:27:12Two years.
00:27:12And how long did you live there with the defendant?
00:27:15A total of five years.
00:27:16You lived in the defendant, I'm sorry, three years.
00:27:18Three years.
00:27:18This month would have been.
00:27:20And for most of that three-year period, what kind of work do you know that the defendant did?
00:27:26Computer work and music producing.
00:27:29How do you support yourself, sir?
00:27:30I produce music.
00:27:31I don't do computer work.
00:27:33Produce music for whom?
00:27:34Various artists and brands and whatever.
00:27:38How long have you been doing that?
00:27:39Since I was 13 years old.
00:27:41How old are you now?
00:27:4232.
00:27:43You have a corporation or an LLC?
00:27:46Not currently standing, but I do have one that is out of commission right now that needs to be reestablished.
00:27:54When was the last time you filed tax returns?
00:27:56Last, um...
00:27:59Last April?
00:28:00Last April, yeah.
00:28:01And on your tax returns that you filed, how much did you indicate that you earned?
00:28:05I receive royalties from a company called...
00:28:08And they take my taxes out automatically, so I'm not sure how much...
00:28:12I'm asking you how much you reported, your gross income was, when you filed your tax returns in April.
00:28:18They come automatically is what I'm saying.
00:28:20I didn't file them.
00:28:21They're paid for and filed automatically by the company that distributes my royalties.
00:28:26So is what you're saying you didn't file tax returns in April?
00:28:30I assume that they're filed automatically through this company that, um, pays me.
00:28:35Mr. Lefkowitz, when was the last time you put a stamp on tax returns that you sent to the government?
00:28:42I do not know.
00:28:44Ever?
00:28:45Um...
00:28:46Think?
00:28:47Ever?
00:28:49Like I said, where I make most of my money, if not all my money, comes through a company called...
00:28:54Which they take out the taxes automatically before paying me.
00:28:57So, I've never filed through that.
00:29:00I just assumed that it was already taken care of in that way.
00:29:03You assumed wrong.
00:29:05Okay.
00:29:06Okay.
00:29:07There came a time, Mr. Lefkowitz, you lived there for three years, but there came a time when you stopped paying rent.
00:29:13Correct.
00:29:14And what was your rent when you moved in with the plaintiff?
00:29:17$1,200 a month.
00:29:19You had your own room?
00:29:20Yes.
00:29:20Bathroom?
00:29:21Yes.
00:29:22You moved in in what month and year?
00:29:242019 in October.
00:29:27And, as you said, most of your money comes from royalties, and I assume that's royalties on past work.
00:29:33Yes.
00:29:33And you've been existing on that for how long?
00:29:36Eight years or so.
00:29:38So, how much do you make from these royalties?
00:29:41You pay $1,200 a month rent, you have a car.
00:29:43Mm-hmm.
00:29:44Uh-huh, it's not an answer.
00:29:45Yes.
00:29:46How much do I make?
00:29:47So, you have a car, you have insurance.
00:29:49Yes.
00:29:50What kind of car do you have?
00:29:51I have a Honda Clarity.
00:29:52What year?
00:29:53It's a lease.
00:29:54It's a 2021.
00:29:55And how much do you pay a month for the lease?
00:29:57$3.95.
00:29:58Does that include insurance or does it not include insurance?
00:30:01It does not include insurance.
00:30:02So, you pay an additional how much for insurance?
00:30:04About $350.
00:30:06So, you spend $700 a month for your car.
00:30:09Correct.
00:30:09And let's get back to, you moved in in October of 2019, your rent was $1,200 a month.
00:30:14And you lived there until when?
00:30:16Until about two months ago.
00:30:19So, September 4th or 3rd is when I moved all my stuff out.
00:30:23And when was the last month you paid rent?
00:30:25That would have been in December of 2021.
00:30:28So, you lived there January, February, March, April, May, June, July, August, and part of September.
00:30:35So, at least eight months that you lived there and didn't pay rent.
00:30:38Mm-hmm.
00:30:38Well, I wasn't there for August pretty much the entire year.
00:30:42Your things were there.
00:30:44Sure.
00:30:44If your things are there, you're there.
00:30:46Okay.
00:30:46Because that's part of what she's suing for.
00:30:48Rent that you didn't pay.
00:30:49Mm-hmm.
00:30:50Are you still living there?
00:30:51No.
00:30:51Why not?
00:30:52I was evicted.
00:30:53When?
00:30:54The exact date is August 2nd.
00:30:57I do have my paperwork for notice of vacate and all that.
00:30:59Just a second.
00:31:00Sure.
00:31:00On August 2nd of 2020.
00:31:03I'm sorry.
00:31:03That was the court date, and that's when the judgment was made, was August 2nd.
00:31:06And when did you move out?
00:31:08Two weeks later.
00:31:09That's not true.
00:31:10And you were evicted for non-payment of rent?
00:31:12Yes, for two months.
00:31:13Yes.
00:31:14Yes.
00:31:14Just a second.
00:31:15You were evicted for non-payment of rent?
00:31:17Yes, for two months.
00:31:18Well, show me that it was for two months.
00:31:20I just want to see that it was for two months and what two months those were.
00:31:23That page right there.
00:31:32Oh, you didn't leave until, let's say, September 1st.
00:31:36That sounds more like it.
00:31:37You didn't leave until September 1st.
00:31:39I'm sorry, Your Honor.
00:31:40I did mistakenly speak.
00:31:42I do remember that the judge...
00:31:44Don't tell me what the judge said.
00:31:45I'm asking you when you left.
00:31:46Gave me six weeks from that date of August 8th.
00:31:49So I left September 8th.
00:31:52And you left at about the same time?
00:31:54I left prior, but I called my neighbor at the...
00:31:57Just a second.
00:31:58You left at about the same time?
00:32:00A few days before.
00:32:01Fine.
00:32:01That's at about the same time.
00:32:03She actually left after that.
00:32:05I talked to a neighbor that said around the 14th that she was still there.
00:32:08You can't tell me what the neighbor said.
00:32:10So that's why I stopped you before.
00:32:14Well, I know there's a moratorium for COVID and the government shut my business down.
00:32:18That's what he says.
00:32:19So I knew that I had protection.
00:32:20He's saying the exact same thing you are in his answer.
00:32:23You two are soulmates.
00:32:25Hey, no.
00:32:25You're wrong.
00:32:26I'm sorry.
00:32:30You're welcome.
00:32:31You had a house.
00:32:33Yes.
00:32:33Where?
00:32:34In Sun Valley.
00:32:36When did you purchase the house?
00:32:37I purchased it four years ago.
00:32:40How much did you pay for it?
00:32:41We purchased it for $585, I believe.
00:32:45And you sold that house to Mr. Ahmed, what month and year?
00:32:49We sold it in, I believe it was January.
00:32:53Of 2022?
00:32:54Yes.
00:32:55And you sold it for how much?
00:32:57$574,500.
00:32:58Where did you move to?
00:32:59I moved to Palmdale.
00:33:00Did you buy something else?
00:33:01Yes.
00:33:02And Mr. Ahmed, you took a mortgage out?
00:33:05Yes.
00:33:06How much is your mortgage?
00:33:06I bought the house February 15, 2022, not January.
00:33:12And I paid for it $710,000.
00:33:15So you paid $710,000?
00:33:16Yes.
00:33:17Not $574,000?
00:33:18Does that sound right to you?
00:33:20Yeah.
00:33:20I might not be remembering the exact amount.
00:33:24Well, that's a big, not exactly.
00:33:26$574,000 to $710,000 is a big difference.
00:33:28Yeah, it was $710,000.
00:33:28In one case, one case you lost money.
00:33:31In one case, you made money.
00:33:33It was $710,000.
00:33:34I apologize.
00:33:34Okay, so $710,000.
00:33:36Yes.
00:33:36Yes, owner.
00:33:38You're welcome.
00:33:39How much is your mortgage payment each month?
00:33:41$5,100.
00:33:42Okay, and when you sold Mr. Ahmed the house,
00:33:45you didn't have a place to go, according to your complaint,
00:33:48and you asked for a rent back.
00:33:50I was an escrow.
00:33:51But you didn't have a place to go,
00:33:53whether you were an escrow or an igloo in Eskimo.
00:33:56It doesn't mean anything.
00:33:57You didn't have a place to go.
00:33:59Correct.
00:33:59So you asked them if you could stay in the house
00:34:03and rent it from them.
00:34:04How many people are there in your family?
00:34:07My family, it's three kids.
00:34:08So who was living in the house?
00:34:10You, three children?
00:34:10It was me, my husband, and I have my two sons that are with me.
00:34:13My daughter doesn't live with me.
00:34:14So you asked if you could rent the house back for a few months.
00:34:18He was nice.
00:34:19He said yes.
00:34:20How much rent did he ask for?
00:34:21He asked for $4,000.
00:34:22He asked for $4,000?
00:34:24Yes.
00:34:24For three bedrooms, he asked for $4,000.
00:34:26Your Honor, no.
00:34:27Just a second.
00:34:28He asked for $4,000 even though his mortgage was $5,100?
00:34:31$4,000.
00:34:32I paid a whole total together with everything with security deposit,
00:34:36and I paid $12,000 all together.
00:34:37No, no, no.
00:34:37That's not what I'm asking with security deposit.
00:34:39That's what we're here for, for your security deposit.
00:34:42Yeah.
00:34:42I'm asking you how much did he originally ask you?
00:34:45$4,000.
00:34:46Okay, well, that was pretty generous of him to ask for $4,000,
00:34:50considering his mortgage was $5,100,
00:34:53and he doesn't know you from a hole in the wall.
00:34:55So that makes him a very nice person to rent it back to you
00:34:58so that he's at a loss every month of $1,100.
00:35:01Do you understand?
00:35:02Yes, I do understand.
00:35:03Great.
00:35:04And what you're doing here is you want your deposit back.
00:35:08Yes, that's correct.
00:35:09$4,000.
00:35:10And Mr. Ahmed says that not only did he have to spend $4,000
00:35:17to fix the damage you and your family caused to the house
00:35:22while you were living there for those few months,
00:35:24but he had to spend an additional $6,000.
00:35:27That's what he says.
00:35:28He had to spend an additional $6,000
00:35:30because the place was destroyed,
00:35:32because you had a disagreement with him over the date
00:35:35that you were going to be receiving your deposit back.
00:35:38That's his claim.
00:35:40So there were a couple of things
00:35:41that were sort of questionable to me, madam.
00:35:44I have not damaged it.
00:35:45I have pictures of the house when I left.
00:35:47There was no damage.
00:35:49That's a fine.
00:35:49You're going to show them to me.
00:35:51The one thing that I found strange,
00:35:53so now I have the facts straight.
00:35:55So you moved into that in February?
00:35:57In the house?
00:35:58Yes.
00:35:58Yes.
00:35:58So you rented in February and March?
00:36:00Yes.
00:36:01Two months.
00:36:01We moved out April 6th.
00:36:03Okay.
00:36:03Now, you told him you were moving out,
00:36:05and he came to the house to do an inspection,
00:36:08and that was before your move-out date.
00:36:12On what date did you meet together for him to go through the house?
00:36:17And let me refresh your recollection.
00:36:19You came to the house.
00:36:20He walked around with you.
00:36:22And at that time, he said,
00:36:24these few things need repair.
00:36:25And there was not extensive damage anywhere.
00:36:28And when he got to the house,
00:36:30he rang the bell, and he opened the door,
00:36:32and you looked through the house.
00:36:34Yes.
00:36:34On what date was that?
00:36:36Do you remember?
00:36:37The day that I gave him my keys to the door.
00:36:40No, no, no.
00:36:40That's not the date you moved out.
00:36:42That's the date that he came there to do a walkthrough
00:36:45with you, your husband, and your children.
00:36:48I don't know who was there.
00:36:50And...
00:36:50Your Honor, he made a lot of walkthroughs.
00:36:53No, I'm asking the last one that he made.
00:36:55The last one?
00:36:56Yes.
00:36:56The last one he did, I was...
00:36:58I don't remember the exact date,
00:36:59but he had, like, four or five walkthroughs.
00:37:00Do you remember the date?
00:37:01What was the date?
00:37:02March 23.
00:37:03And when you went to the house on March 23rd,
00:37:06and they had been living there February,
00:37:08all of February, and most of March.
00:37:10March.
00:37:10Was the house in pretty good shape on March 23rd?
00:37:14Was it in the same shape on March 23rd
00:37:17when you saw it on April 6th?
00:37:20Yes.
00:37:20Because when I saw the damages of my house,
00:37:23I request her, what is this?
00:37:25I show her.
00:37:26Now, just a second.
00:37:27What did you show her?
00:37:28About the floor, about the floor damage,
00:37:31wild damage, and that is...
00:37:33Oh, well, show me on the pictures
00:37:35that you took on March 23rd.
00:37:38Okay.
00:37:38He probably damaged it himself
00:37:39from his construction that he did.
00:37:41Just a second.
00:37:42He did construction while I was living there.
00:37:44For the whole two months I was there,
00:37:45he did construction.
00:37:46Okay.
00:37:47You know what I find problematic
00:37:49in both your complaint and answer?
00:37:51I would like to pass my evidence.
00:37:53Just a second.
00:37:53Okay.
00:37:54I'm going to tell you what I find difficult
00:37:55in both your complaint and his answer,
00:37:58that when you left the house,
00:38:00you took the doorbell with you.
00:38:02The doorbell?
00:38:03When you left the house,
00:38:04you took the doorbell with you.
00:38:06Now, he bought the house.
00:38:07He's paid you for the house.
00:38:09You've got $710,000.
00:38:12On the day the house closed,
00:38:14there is no question in my mind
00:38:16that there was a doorbell.
00:38:18Okay.
00:38:18Do you understand?
00:38:19Yes.
00:38:20You have no right to take anything
00:38:23from that house once it's sold.
00:38:26You're a renter.
00:38:26Your Honor, I believe I do
00:38:27because on the document it says
00:38:29the only thing that I'm supposed
00:38:30to leave for him
00:38:31is the washer and dryer and stove.
00:38:33That's, madam,
00:38:34that's something,
00:38:35have you never bought property before
00:38:36or are you just trying to be obtuse?
00:38:38I would never think,
00:38:39I bought and sold dozens of homes,
00:38:43never in one contract,
00:38:46in all,
00:38:46and I'm a lawyer,
00:38:47my husband's a lawyer,
00:38:48grandchildren are a lawyer,
00:38:49my children are lawyers,
00:38:50not in one contract
00:38:52does it ever talk about a doorbell.
00:38:54It is assumed
00:38:55that you leave the doorbell,
00:38:56that you leave the toilets,
00:38:58that...
00:38:58No, that was not a doorbell.
00:39:00It was a ring camera.
00:39:01I don't care
00:39:02if it was a ring camera.
00:39:03I don't care
00:39:04if it was an MGM camera
00:39:06or a universal picture camera.
00:39:08It's not yours.
00:39:10It's part of the property.
00:39:11You have no right to take it.
00:39:14Period.
00:39:15Put your hand down.
00:39:16You know, sometimes
00:39:17when it doesn't appear
00:39:18that you're losing,
00:39:19you're supposed to be quiet.
00:39:22Do you understand?
00:39:23You have no right
00:39:24to take certain things.
00:39:25Once the house is sold,
00:39:26nothing there belongs to you.
00:39:29Nothing.
00:39:30You're a renter.
00:39:31That was before
00:39:32the house was...
00:39:33Just a second.
00:39:34Are you telling me
00:39:36that when you stay there
00:39:37after the house was sold
00:39:39for the two months
00:39:40that you lived there,
00:39:41are you telling me
00:39:41you lived without a doorbell?
00:39:43Are you telling me
00:39:45that you lived
00:39:45without a doorbell?
00:39:47No.
00:39:48You lived with a doorbell.
00:39:49It's a ring...
00:39:49When you...
00:39:50Your Honor,
00:39:50it's a ring camera.
00:39:51I don't care what it is.
00:39:53You can't take it.
00:39:54It's not the doorbell.
00:39:55It's a ring camera.
00:39:56You can take it off
00:39:57and take it to your next property.
00:39:59That's something
00:39:59that I bought.
00:40:01You bought a lot of things
00:40:02in that house,
00:40:03I'm sure.
00:40:04Did you buy wallpaper?
00:40:05Did you buy flooring?
00:40:06Did you buy carpeting?
00:40:07You can't take it.
00:40:09It doesn't belong to you.
00:40:11It travels with the property.
00:40:13When you say
00:40:14it's a ring camera,
00:40:15when you ring the doorbell,
00:40:17does that activate
00:40:18the ring camera?
00:40:19Yes, it does.
00:40:20And when you took out
00:40:21the whole ring camera,
00:40:23did you put in a doorbell?
00:40:25The doorbell was
00:40:26already there.
00:40:26I never touched the doorbell.
00:40:27That's why I took the camera,
00:40:29the ring camera,
00:40:30because that belongs to me.
00:40:31I bought the...
00:40:31I didn't touch the doorbell.
00:40:32That's not...
00:40:33That's part of the house.
00:40:35That's part of the property.
00:40:36It's in the wall.
00:40:37Can I see a picture
00:40:38of what she took?
00:40:39My doorbell is not here.
00:40:41Here is the point.
00:40:41I did not touch the doorbell.
00:40:43Again,
00:40:44he did a lot of remodeling.
00:40:45He probably did
00:40:46all the damages himself.
00:40:48He's trying to blame it on me.
00:40:49No, that's not true.
00:40:50You're not allowed
00:40:50to take it.
00:40:51Period.
00:40:51I have a lot of evidence.
00:40:52You're not allowed
00:40:53to take it now.
00:40:54So I'm starting
00:40:55with your case.
00:40:55You want your deposit back.
00:40:57Yes.
00:40:57This gets deducted
00:40:58from your deposit.
00:41:00Did you replace this?
00:41:01Not yet.
00:41:01Did you get an estimate
00:41:02for its replacement?
00:41:04Yes, I did.
00:41:05I'd like to see it.
00:41:06Okay.
00:41:06And not only doorbell,
00:41:08your honor,
00:41:09she took the curtain rods
00:41:12and also all the light bulbs.
00:41:14Just a second.
00:41:14Okay.
00:41:15Give me some time.
00:41:16I don't have time.
00:41:18Can I please explain
00:41:19what really happened
00:41:21and what I went through
00:41:21with this guy
00:41:22from day one
00:41:23that he let me rent?
00:41:24No.
00:41:24Right here.
00:41:24No.
00:41:25Because I want to prove
00:41:25my case because he's wrong
00:41:27and he's a crook.
00:41:28No, no, no.
00:41:29Madam,
00:41:30you rented the house
00:41:31for $4,000 a month.
00:41:34Yes.
00:41:34A three-bedroom house.
00:41:36I paid him.
00:41:36A three-
00:41:37Amount.
00:41:37And you paid him
00:41:38the amount
00:41:39and you stayed there.
00:41:40If there was something
00:41:41wrong with the house
00:41:42or if you didn't like
00:41:44the fact that he was
00:41:45doing construction there
00:41:46or he was coming
00:41:47in and out of the house
00:41:48even though he was
00:41:49renting it to you
00:41:50for $1,100 less
00:41:52than his mortgage payment,
00:41:53okay,
00:41:54you could have moved.
00:41:55Your Honor,
00:41:56let me just tell you
00:41:57that he promised me
00:41:58from day one.
00:41:59Let me just tell you
00:42:00he kept texting me
00:42:01over and over
00:42:02bringing renters
00:42:03to show my side
00:42:05of the place to live.
00:42:06While we were living there
00:42:07he harassed me
00:42:08every day
00:42:09white text messages
00:42:10and phone calls.
00:42:10Can I show the house?
00:42:11Can I every single day?
00:42:13Who cares?
00:42:13I don't care.
00:42:14But that caused
00:42:15a lot of attention
00:42:15to my family.
00:42:16I don't care.
00:42:18Move.
00:42:21She intentionally
00:42:22damaged my body.
00:42:22Don't tell me
00:42:23what she intentionally did.
00:42:24She did the damage
00:42:25of this thing.
00:42:25I didn't do that.
00:42:26I'm going to dismiss
00:42:27your case.
00:42:27Do you understand?
00:42:28One, two, three.
00:42:29It will be my joy.
00:42:33What this says
00:42:35is that they looked
00:42:38at this video
00:42:38because they tried
00:42:39to determine
00:42:40what caused the leak
00:42:42in a commercial business
00:42:45operating in the building.
00:42:47The leak caused
00:42:47substantial damage,
00:42:49$9,927,
00:42:52to be exact,
00:42:53as a result
00:42:53because this was
00:42:54a water pipe
00:42:54and it was broken.
00:42:56Okay.
00:42:56And it tells her
00:42:57that unless they get
00:42:59this $9,927,
00:43:02she's going to lose
00:43:03her housing, right?
00:43:04Yes.
00:43:05Your fault.
00:43:07What can I tell you?
00:43:09Don't let your mother ask.
00:43:10I'm asking you,
00:43:11what's the issue?
00:43:12You caused the damage.
00:43:14Whether you accidentally
00:43:16hit that pipe initially,
00:43:19you knew you shouldn't
00:43:20have been there.
00:43:21And it's clear
00:43:22that whatever you were doing,
00:43:24you were jumping
00:43:25with full force
00:43:26with both feet
00:43:27on that pipe.
00:43:29That's clear.
00:43:29You tried to pick it up.
00:43:31You leaned over
00:43:32at least twice
00:43:33to try to pick it up
00:43:34and then put it down
00:43:35and then stomped on it.
00:43:36Clearly,
00:43:37you weren't supposed
00:43:37to be there.
00:43:38The landlord
00:43:39is holding her responsible
00:43:41because under the terms
00:43:42of her lease,
00:43:43she's responsible
00:43:44for any damage
00:43:45caused by not only
00:43:46a member of her household
00:43:47but an invited guest.
00:43:49Do you understand?
00:43:50Yes.
00:43:51Okay.
00:43:51So sometimes
00:43:52if you're acting stupid,
00:43:54nothing happens.
00:43:55Sometimes if you're
00:43:56acting stupid,
00:43:57a lot of things happen.
00:43:59Do you know
00:43:59how many children she has?
00:44:00She has three children.
00:44:02They all live at home?
00:44:02They all were there, yes.
00:44:04Yeah.
00:44:04So if she's dispossessed
00:44:06from her apartment,
00:44:08that's four people
00:44:09who are homeless.
00:44:10She's going to lose
00:44:11this housing
00:44:12unless she pays
00:44:13the damage
00:44:14that your daughter caused.
00:44:15That doesn't seem reasonable
00:44:16for her to lose
00:44:17her housing, does it?
00:44:18No.
00:44:19Judgment for the plaintiff
00:44:20in the amount of $10,000.
00:44:22We're finished.
00:44:22Thank you very much.
00:44:23This court is adjourned.
00:44:24The truth is
00:44:25that you don't host the party
00:44:26and you don't watch
00:44:28the children
00:44:28that are on your property.
00:44:30They're teenagers.
00:44:31They're old enough
00:44:32to be outside alone.
00:44:33All of those children
00:44:34were in the planter
00:44:35at some point,
00:44:36but it's fine.
00:44:37There were no other children
00:44:38in the planter.
00:44:39I would think
00:44:40that there should have been
00:44:40something for like
00:44:41flood fire
00:44:42or earthquake damage
00:44:43in place,
00:44:44so I don't know.
00:44:45But she should
00:44:47take responsibility
00:44:48for her daughter.
00:44:49That's not my responsibility.
00:44:51Relatively simple.
00:44:53You know,
00:44:54I think that there is
00:44:54an age, Sarah,
00:44:56where even under
00:44:57these circumstances
00:44:58a child can be out
00:44:59unsupervised.
00:45:01Certainly,
00:45:02the defendant's defense
00:45:04in her answer
00:45:05said that her daughter
00:45:07was out unsupervised
00:45:08because she left
00:45:09the party for something
00:45:11for a short period of time.
00:45:12Well, there's no issue
00:45:13that a 14-year-old
00:45:14doesn't need to be
00:45:15constantly supervised.
00:45:16You usually use
00:45:18a 14-year-old
00:45:19to supervise other
00:45:19young children.
00:45:21I do think
00:45:22it was an accident.
00:45:23I think that she knew
00:45:24she probably wasn't
00:45:25supposed to be
00:45:25in the planter,
00:45:26but once we saw
00:45:26the video,
00:45:27it was playful.
00:45:28They were playing
00:45:29a ball from up high,
00:45:30down low.
00:45:31I understood the situation
00:45:32after we saw it.
00:45:33You also understood
00:45:34that the stomping
00:45:35full force
00:45:36as a 14-year-old
00:45:37could do some real damage,
00:45:38especially inside
00:45:39a planter that's supposed
00:45:40to be a delicate,
00:45:41untouched area.
00:45:43So I understood.
00:45:44I think the defendants
00:45:45were in a tough position.
00:45:47They knew it was
00:45:47their fault.
00:45:48I appreciated that
00:45:49they took responsibility
00:45:50for it.
00:45:50The daughter did.
00:45:52The daughter did.
00:45:53I'm not so sure
00:45:54about the mother.
00:45:54I think the mother
00:45:55saw the big price tag
00:45:56attached to the responsibility
00:45:57and maybe tried
00:45:58to backtrack a little.
00:46:00But yeah,
00:46:00I mean,
00:46:00accidents happen,
00:46:02but there are
00:46:02big consequences for...
00:46:04She learned that lesson
00:46:05this young woman today.
00:46:06I hope that they did.
00:46:07Case 2185,
00:46:08Francis v. Morris.
00:46:09All parties,
00:46:10please step forward.
00:46:11Danielle and Michael Francis
00:46:13are suing
00:46:14their former tenant,
00:46:16Anthony Morris,
00:46:17for property damage
00:46:18and loss of income.
00:46:19Ms. Francis?
00:46:21Yes, ma'am.
00:46:21Who is this?
00:46:22This is my husband.
00:46:24Well, this has to do
00:46:25with the ownership
00:46:26of a home.
00:46:27Do you both own the home
00:46:28or just did you
00:46:29inherit the home?
00:46:30It doesn't have to do
00:46:30with ownership of the home.
00:46:32It's a case about
00:46:33property damage.
00:46:34I understand that.
00:46:35Yes, ma'am.
00:46:35But somebody owns the home.
00:46:37Who owns the home?
00:46:38I do.
00:46:38It's the question.
00:46:39Not your husband.
00:46:40Correct.
00:46:41Have a seat.
00:46:43Let's not confuse it.
00:46:45Ms. Francis,
00:46:45you had a brother.
00:46:47Yes, ma'am.
00:46:48Whose name was?
00:46:49Julius.
00:46:50How old was he?
00:46:51My brother was 38.
00:46:53And your brother
00:46:53owned a home?
00:46:54Yes.
00:46:55How long did your brother
00:46:56own this home?
00:46:57He just purchased
00:46:58a home in 2017.
00:47:01Do you know how much
00:47:01he paid for it?
00:47:02About $123,000.
00:47:04Was there a mortgage
00:47:05on the house?
00:47:06Yes, ma'am.
00:47:07How much is left
00:47:08on the mortgage?
00:47:09$110,000 now.
00:47:11Do you know how much
00:47:11the house is worth?
00:47:12Yes, ma'am.
00:47:13How much?
00:47:13It's worth $213,000 now.
00:47:15So almost double.
00:47:17Yes, ma'am.
00:47:18Now, your brother
00:47:19passed away when?
00:47:20June of 2020.
00:47:23From what?
00:47:24Pancreatic cancer.
00:47:25So it was relatively fast.
00:47:27Yes, it was.
00:47:28He was actually diagnosed
00:47:29in 2019.
00:47:32So in early 2019,
00:47:34I became his caregiver,
00:47:36taking him back and forth
00:47:37to the doctor
00:47:38and chemo visits,
00:47:40as well as my husband.
00:47:41Okay.
00:47:41Now, Mr. Morris...
00:47:43Yes, ma'am.
00:47:44...you had been
00:47:45a roommate of Julius...
00:47:47That is correct.
00:47:48...for how long?
00:47:49I moved into the house
00:47:50on October 19, 2019.
00:47:55And you paid rent?
00:47:57Yes, ma'am.
00:47:58Now, when Julius got sick,
00:47:59according to what I read,
00:48:01you never moved
00:48:01into the house with Julius.
00:48:03You just took him
00:48:03to where he needed to be.
00:48:05Is that correct?
00:48:06You lived with your husband.
00:48:07Yes, ma'am.
00:48:08You lived with your husband
00:48:09and you came as needed
00:48:11to take your brother
00:48:12to medical appointments,
00:48:13et cetera.
00:48:13You lived in the house
00:48:14with him.
00:48:15Correct.
00:48:15Is that correct?
00:48:17Partially.
00:48:18What's not partially?
00:48:19At the end of my brother's illness,
00:48:22I moved in with him because...
00:48:23How much before?
00:48:24I would say March of 2020.
00:48:28So for a couple of months
00:48:29towards the end,
00:48:30you moved in.
00:48:31But during the course
00:48:31of the year,
00:48:32you lived with your husband
00:48:33and you lived
00:48:34in the house with Julius.
00:48:35Yes, ma'am.
00:48:35And when you were living
00:48:36in the house with Julius,
00:48:37did you give any assistance
00:48:39to him in any way?
00:48:41Yes, ma'am.
00:48:41I took him to the hospital
00:48:43several times.
00:48:44I cooked for him
00:48:45and I pretty much
00:48:46did the chores
00:48:47and ran errands for him.
00:48:48Did you know him
00:48:49before you moved
00:48:50into the house?
00:48:51I did not.
00:48:53After Julius passed away,
00:48:55you inherited the house?
00:48:57Yes, ma'am.
00:48:57Did he have a will?
00:48:59Yes, ma'am.
00:48:59The will specifically
00:49:00gave you the house?
00:49:01Yes, ma'am.
00:49:02And you and the defendant
00:49:04determined that he would
00:49:05remain a tenant
00:49:06in June of 2020.
00:49:08Is that correct?
00:49:09That's correct.
00:49:10Yes, ma'am.
00:49:10There came a time
00:49:11when you moved out,
00:49:12Mr. Morris?
00:49:13Yes, that's correct.
00:49:14And what month
00:49:15and year did you move out?
00:49:17June 1st, I believe,
00:49:1920...
00:49:2022.
00:49:2122, correct.
00:49:22And what was the reason
00:49:23that you moved out?
00:49:24I moved out
00:49:25because the rent
00:49:26had went up
00:49:26for a second time.
00:49:27What was it
00:49:28when you were living
00:49:29with Julius?
00:49:30$650.
00:49:31And then when
00:49:32Ms. Francis
00:49:33inherited the house,
00:49:34did she modify the rent?
00:49:36She did.
00:49:36In what month?
00:49:37I'm not specifically...
00:49:39I can't answer that question.
00:49:40What did she raise
00:49:41the rent to?
00:49:43Approximately $1,200.
00:49:45Was that the first increase?
00:49:47That was, correct.
00:49:48How long did that increase
00:49:49stay in place?
00:49:50That had to be for a year.
00:49:51That was the term
00:49:52of that lease.
00:49:53And what happened
00:49:53after the year?
00:49:54She raised the rent again.
00:49:56To what?
00:49:56Well, that's when
00:49:57I didn't accept that lease.
00:50:00What did she ask?
00:50:01It was going to be $1,575.
00:50:02She wanted $1,575.
00:50:04Yes, ma'am.
00:50:05And you determined
00:50:06that that was too much
00:50:07rent for you.
00:50:07I did.
00:50:08So you gave notice
00:50:10you were leaving.
00:50:10I did.
00:50:13She's going to show me
00:50:15what she considers
00:50:16$5,000 worth
00:50:17of damage to the house.
00:50:19I want to see it.
00:50:20Yes, ma'am.
00:50:20Now I want you
00:50:21to show me
00:50:22what damage
00:50:23you are ascribing
00:50:24to him from the house.
00:50:26Okay.
00:50:27I have the pictures here.
00:50:28You're on.
00:50:28Okie dokie.
00:50:32Did you give notice
00:50:33you were leaving?
00:50:3430 days before June 1st.
00:50:36Okay.
00:50:37And when was the lease up?
00:50:38June 1st.
00:50:39It would expire.
00:50:40Now, after your brother
00:50:42passed away
00:50:42and you inherited the house,
00:50:44did you maintain
00:50:44the same rent
00:50:45that he was paying
00:50:46to your brother?
00:50:47No, ma'am.
00:50:48Okay.
00:50:48So when did you raise
00:50:49his rent
00:50:50and to what amount?
00:50:51I raised the rent
00:50:52in November of 2021.
00:50:56To what?
00:50:56To $14.95.
00:50:58That was the first time
00:50:59you raised his rent?
00:51:00Yes, ma'am.
00:51:01Okay.
00:51:01And you knew
00:51:02what his rent was
00:51:03when he was living
00:51:04with your brother?
00:51:05Correct.
00:51:05And how much
00:51:06was his rent
00:51:07when he was living
00:51:08with your brother?
00:51:09It was $6.25.
00:51:10So, in effect,
00:51:12you increased his rent
00:51:13a little over 200%.
00:51:15Yes, ma'am,
00:51:16your honor.
00:51:16Can I explain
00:51:17the reason to that?
00:51:19No.
00:51:19It's irrelevant
00:51:20what the reason was.
00:51:21Okay.
00:51:22He was paying rent
00:51:23of $6.25.
00:51:25You raised it
00:51:26to $1,500.
00:51:27Now, at the end
00:51:28of that term,
00:51:29were you going
00:51:30to raise his rent again?
00:51:31Yes, ma'am.
00:51:32Yes, to what?
00:51:32It was going to be
00:51:33an $80 increase
00:51:34to $1,575.
00:51:36Now, during that
00:51:38two-month period
00:51:38that you lived
00:51:39in the house,
00:51:40you had no issue
00:51:41with regard to the way
00:51:42Mr. Morris
00:51:43maintained the house
00:51:45while you were living
00:51:46there with your brother.
00:51:47And that fact
00:51:49is buttressed
00:51:49by the fact
00:51:50that you maintained
00:51:51him as a tenant,
00:51:52right?
00:51:53Correct.
00:51:53Okay.
00:51:54So, you saw
00:51:55the way he maintained
00:51:56the house
00:51:57and having seen that,
00:51:58you continued him
00:51:59as a tenant.
00:52:00Correct.
00:52:00And you raised
00:52:01his rent substantially
00:52:02and he paid that rent.
00:52:04Correct.
00:52:05And he paid that rent
00:52:06sufficiently so that
00:52:08you were prepared
00:52:09to re-rent him
00:52:10the house,
00:52:11but you just wanted
00:52:12a little more money.
00:52:13Correct.
00:52:14Correct.
00:52:15Now, now he moves out
00:52:16on June 1st
00:52:17of this year.
00:52:19And now you say
00:52:20that he caused
00:52:22almost $5,000
00:52:23worth of damage
00:52:25and because he had damage,
00:52:28you lost income
00:52:29because you couldn't
00:52:29re-rent the house.
00:52:31Correct.
00:52:31You moved out
00:52:32in June of 2020.
00:52:35Yes, ma'am.
00:52:35You have a new tenant
00:52:36in the house.
00:52:38Yes, ma'am.
00:52:38I do now.
00:52:39And how much rent
00:52:40is she paying?
00:52:41She is paying
00:52:42$2,200 a month.
00:52:44And when did
00:52:45her lease start?
00:52:46Her lease started
00:52:47in September.
00:52:48So your premises
00:52:50was not rented
00:52:52for two months.
00:52:53Correct.
00:52:54And when it was rented
00:52:55from the two-year period
00:52:57of time between
00:52:57your brother's death
00:52:58and your re-renting
00:53:01the house,
00:53:01the rent went
00:53:02from $6,25 to $2,200.
00:53:05Yes, ma'am.
00:53:06Doesn't sound like
00:53:06you're losing any money.
00:53:08Well, there's...
00:53:08Just a second.
00:53:09Okay.
00:53:09Doesn't sound like
00:53:10you're losing any money.
00:53:11So I'm not interested
00:53:13in the loss of income
00:53:14that you had.
00:53:14You had no loss of income.
00:53:16Anybody who lives
00:53:16in a house
00:53:17can't rent from June 1st.
00:53:19House has to be painted.
00:53:21Normal wear and tear.
00:53:22You may have to redo
00:53:22carpeting.
00:53:23That's the normal
00:53:24wear and tear.
00:53:25Had to be done
00:53:26because that's what you do
00:53:26when you want to get
00:53:27$2,200 rent
00:53:28from somebody for a house.
00:53:29You have to paint it up.
00:53:31You have to freshen it up.
00:53:32You have to do
00:53:32all of those things.
00:53:34So what I want to see
00:53:35from you
00:53:36are photographs
00:53:37of what...
00:53:38Other than cleaning
00:53:39out the house
00:53:40which Mr. Morris
00:53:42acknowledges
00:53:43for whatever reason
00:53:44there was stuff
00:53:45left in the house.
00:53:46Correct, sir?
00:53:47Yes, ma'am.
00:53:47That belonged to you?
00:53:49Yes, ma'am.
00:53:49And that you
00:53:50didn't clean out?
00:53:51I did not.
00:53:52Now, you left
00:53:53on June 1st
00:53:54and I'm telling her
00:53:56that she's going
00:53:57to show me
00:53:57what she considers
00:53:59$5,000 worth
00:54:00of damage to the house.
00:54:02I want to see it.
00:54:03Yes, ma'am.
00:54:03You agree
00:54:04that you left
00:54:05some stuff in the house.
00:54:06She probably has a bill
00:54:08for cleaning out
00:54:09some of that stuff
00:54:10that she's entitled to.
00:54:12Now I want you
00:54:13to show me
00:54:13what damage
00:54:14you are ascribing
00:54:16to him
00:54:16from the house.
00:54:18Okay.
00:54:18I have the pictures here.
00:54:19You're on.
00:54:20Okie dokie.
00:54:23Also,
00:54:24can I present
00:54:24in evidence
00:54:25what the room
00:54:27that the defendant
00:54:28rented out,
00:54:29what it looked like
00:54:30prior to the damages?
00:54:32No, I don't see
00:54:33any damages.
00:54:34I see mess.
00:54:35There's pictures
00:54:36in there, Your Honor.
00:54:37I'm looking.
00:54:37The damages.
00:54:38The carpet
00:54:39was damaged
00:54:40very badly.
00:54:41He messed up
00:54:42my mattress
00:54:42in my second bedroom.
00:54:44The doors was damaged.
00:54:45He actually changed
00:54:47the lock
00:54:47on the second bedroom door
00:54:49and the master room
00:54:49bedroom door
00:54:50without my damage.
00:54:51You see all this stuff, sir?
00:54:53Yes, ma'am.
00:54:53This is all your junk, right?
00:54:55Yes, ma'am.
00:54:55Okay.
00:54:55So you should have
00:54:56a substantial bill
00:54:58for cleaning
00:54:59and getting rid of this.
00:55:00Yes.
00:55:01I'd like to see it.
00:55:05There you go.
00:55:12So you paid $760
00:55:15to clean out the house.
00:55:17Yes, ma'am.
00:55:17Make it move in clean.
00:55:19Yes, ma'am.
00:55:20That's what you're
00:55:20entitled to,
00:55:21Ms. Francis.
00:55:23$760.
00:55:23You can't leave
00:55:24a place like that.
00:55:25Also, Your Honor,
00:55:26I had other damages
00:55:27as well.
00:55:28My microwave was broken.
00:55:29I don't know
00:55:30who broke that.
00:55:31You don't know.
00:55:32It was working
00:55:33when he was there.
00:55:34May have been working.
00:55:35May have been not working.
00:55:36Everything was
00:55:36in top-notch condition
00:55:37from appliances
00:55:38to flooring
00:55:40when Mr. Morris
00:55:41was at the house.
00:55:42So he broke
00:55:43my microwave.
00:55:44Fix it.
00:55:44I have fixed it
00:55:45and I'm asking
00:55:46for the cost
00:55:46of a replacement
00:55:47for a new one.
00:55:48No way.
00:55:48Why not?
00:55:49Because I'm not
00:55:50convinced, madam,
00:55:52that somebody
00:55:52who, according to you,
00:55:55helped you
00:55:56with your brother,
00:55:57was there
00:55:57and supportive
00:55:58for the last year
00:56:00of his life.
00:56:01He certainly
00:56:02left a mess,
00:56:03which you're not
00:56:04supposed to do, sir.
00:56:05I understand.
00:56:06You're not supposed
00:56:06to leave a mess
00:56:07and this is clearly
00:56:08a mess.
00:56:09And there's no question
00:56:10in my mind
00:56:10that you left this mess
00:56:12because she was
00:56:13quadrupling your rent.
00:56:16But to her,
00:56:17this is a business
00:56:18and she's not living
00:56:19there with her husband.
00:56:20This has now become
00:56:21a business investment.
00:56:23Her investment
00:56:24increased in value.
00:56:25It was really
00:56:26Julius' investment
00:56:27but it increased
00:56:28in real estate value
00:56:29and instead of seeing
00:56:30$600 a month,
00:56:32which probably doesn't
00:56:33cover the taxes
00:56:34and mortgage,
00:56:35she now has a profit
00:56:36because she's now
00:56:37getting $2,200 a month
00:56:39from somebody
00:56:39and that covers,
00:56:41of course,
00:56:41her mortgage.
00:56:42And whatever taxes
00:56:43they are,
00:56:44you were annoyed,
00:56:45you're still not allowed
00:56:46to leave a place
00:56:47like this.
00:56:49$760,
00:56:50judgment for the plaintiff.
00:56:51We're done.
00:56:51This court is adjourned.
00:56:53Kind of upsetting
00:56:53because the defendant
00:56:55really trashed
00:56:56my brother's house
00:56:57given that
00:56:58we considered him
00:56:59like family.
00:57:00I was like family
00:57:01with him.
00:57:02I took care of the brother
00:57:03for a long period of time.
00:57:04I wouldn't have left
00:57:05the house like that.
00:57:06And for him to
00:57:07turn around and do this
00:57:08and cause all those damages
00:57:09and then get off scot-free,
00:57:11it's heartbreaking.
00:57:13Number one,
00:57:13there were no damages.
00:57:15You know what?
00:57:16Nothing good ever comes
00:57:17to someone
00:57:18who does people like this.
00:57:19Money does change people
00:57:21and so you have
00:57:22to be careful.
00:57:23Be careful who you rent to.
00:57:24So I just did some research
00:57:26on the home
00:57:26while we were out there
00:57:27and I found some
00:57:28interesting information
00:57:30just based on some
00:57:31of the plaintiff's claims.
00:57:32So I did find
00:57:33that the house
00:57:34was sold to the brother
00:57:34in 2017
00:57:35for $123,000
00:57:37but the plaintiff
00:57:39listed the home
00:57:41for rent
00:57:41for the first time
00:57:43July 22nd
00:57:44for $2,300
00:57:45listed for rent
00:57:46once she became the owner.
00:57:48And he moved out
00:57:48in June,
00:57:49beginning of June.
00:57:50So her claim
00:57:50for lost income
00:57:51doesn't really make sense
00:57:53because she had it listed
00:57:54on Zillow at least.
00:57:55I'm not sure
00:57:55it could have been listed
00:57:56before then.
00:57:57That's just when Zillow
00:57:57picked up on it.
00:57:58I'm not sure
00:57:59how their algorithms work
00:58:00but she was unable
00:58:01to get the $2,300
00:58:02presumably
00:58:03because she reduced it
00:58:04to $2,200
00:58:05in August of 2022
00:58:08and then it was removed
00:58:10later in August
00:58:11at that $2,200 mark
00:58:12presumably whoever,
00:58:14the new tenant
00:58:14that she now has.
00:58:16So she had no
00:58:16real lost income.
00:58:17Exactly.
00:58:18She had the month
00:58:19of maybe July
00:58:19but if you have
00:58:20a tenant moving out
00:58:21June 1st
00:58:22you give yourself
00:58:22two weeks notice
00:58:23as a landlord anyway
00:58:24to make the necessary
00:58:25painting.
00:58:27Sometimes it takes
00:58:28a little bit.
00:58:28Exactly.
00:58:29And you don't find
00:58:29a tenant right away.
00:58:30So based on that
00:58:31I wouldn't have given
00:58:32her any lost income.
00:58:35He left the house a mess.
00:58:37He did.
00:58:37He left boxes.
00:58:38He acknowledged it.
00:58:39He left the place a mess.
00:58:40He left food
00:58:40in the refrigerator
00:58:41and there's no way
00:58:42in one day
00:58:42which she said
00:58:43he was going to move
00:58:45all that stuff out.
00:58:46He was annoyed.
00:58:47Then you can't leave
00:58:48stuff.
00:58:49Emotional distress.
00:58:51Court come to order.
00:58:52All rise.
00:58:54Have a seat please.
00:58:57Case 30-40.
00:58:58Stewart versus DeWitt.
00:59:03Wife?
00:59:04No.
00:59:04Girlfriend?
00:59:05Yes.
00:59:06Were you in the car
00:59:06that day?
00:59:07I was.
00:59:08Great.
00:59:08Did you go crazy?
00:59:09Well it was my
00:59:10brand new car
00:59:11so yes.
00:59:11Yeah.
00:59:13Okay.
00:59:13So he was driving
00:59:15your car?
00:59:16Yes.
00:59:16All right.
00:59:17Mr. Stewart you are
00:59:18suing the defendant
00:59:19because it is your claim
00:59:21that he smashed
00:59:22your car window
00:59:23during what is
00:59:24an incident
00:59:25of road rage.
00:59:27A little bit
00:59:27on both sides
00:59:28perhaps.
00:59:29Why don't you tell me
00:59:30when this happened?
00:59:32So it was Halloween
00:59:32of last year.
00:59:34What time?
00:59:34I believe around
00:59:355.30ish.
00:59:38Tell me where you were.
00:59:39I was at
00:59:39the Costco
00:59:40parking lot
00:59:41is when it started
00:59:42and it ended
00:59:43basically on the street
00:59:44just outside
00:59:45of the parking lot.
00:59:46Okay.
00:59:46So is this a
00:59:47visual of where
00:59:49the incident occurred?
00:59:50Correct.
00:59:50Just so I get
00:59:51an overall picture
00:59:53before you start
00:59:54your testimony
00:59:54would you
00:59:55approach the
00:59:56map
00:59:57and show me
00:59:59where you first
01:00:00connected
01:00:01with the defendant?
01:00:03Here actually.
01:00:04This is just
01:00:05at the exit
01:00:05of the parking lot.
01:00:06You're both
01:00:07waiting to exit
01:00:08the parking lot.
01:00:09Correct.
01:00:09And where were you
01:00:10positioned
01:00:11as opposed
01:00:12to the defendant?
01:00:13Were you in front
01:00:14of him
01:00:14or behind him?
01:00:15In the parking lot
01:00:16I was in front of him.
01:00:17And then what happened?
01:00:19He goes around me
01:00:19to get in front of me
01:00:20and honks at me.
01:00:22We both
01:00:23end up at a red light.
01:00:24So he went around you?
01:00:26Correct.
01:00:26Were you doing
01:00:27something
01:00:27that delayed you
01:00:29from exiting
01:00:30the parking lot?
01:00:31No.
01:00:31I was not slowing
01:00:32at all.
01:00:32I was going
01:00:3315 miles an hour.
01:00:35So he just
01:00:35scooted around you?
01:00:37Correct.
01:00:37Is that right, sir?
01:00:38No, ma'am.
01:00:39The incident
01:00:39started at the stoplight.
01:00:41He says
01:00:41that something happened.
01:00:43There was some interaction
01:00:44as you were both
01:00:45leaving the Costco
01:00:46parking lot.
01:00:47And I have to believe
01:00:48that, sir,
01:00:48because you were both
01:00:50leaving the Costco
01:00:51parking lot.
01:00:52Correct.
01:00:52And if you didn't
01:00:54notice him
01:00:54for some reason,
01:00:56I don't know why,
01:00:56but he noticed you.
01:00:58So there's a lot
01:00:58of cars here in traffic.
01:01:00So it would be
01:01:01too serendipitous
01:01:02for me to have
01:01:03to assume
01:01:03that he's making
01:01:05that up,
01:01:05that he didn't see
01:01:06you exiting
01:01:07the Costco parking lot.
01:01:08Ma'am,
01:01:08that might have
01:01:09very well been the case.
01:01:11I did not realize
01:01:12or notice his car
01:01:13until we got tapped
01:01:15at the intersection.
01:01:16Okay.
01:01:16Now you're both outside,
01:01:18and who was first?
01:01:20His car is in front of mine.
01:01:22Okay.
01:01:22And that's at the stoplight.
01:01:23Yes.
01:01:23And the light changes color.
01:01:25Correct.
01:01:26And he did not move.
01:01:27Correct.
01:01:27So now tell me
01:01:28what you did.
01:01:29Sure.
01:01:29So I honked at him.
01:01:31I inched closer to him,
01:01:33hoping that he would see me.
01:01:35And then I had a collision
01:01:37with his car,
01:01:38like a fender bale.
01:01:39Then you hit his car.
01:01:40Correct.
01:01:41Okay.
01:01:41Now you can go back.
01:01:44Okay.
01:01:45So now you hit
01:01:46the bumper of his car.
01:01:48So far,
01:01:49is that correct?
01:01:49Yes, ma'am.
01:01:50And what did you do next?
01:01:51I slightly reversed
01:01:53so that I wouldn't be
01:01:53near his car.
01:01:54What I did next
01:01:55was I stayed in my car.
01:01:58I saw him
01:01:59and his passenger get out.
01:02:00I didn't leave my car
01:02:02because I didn't want
01:02:03to get out
01:02:03in the intersection.
01:02:04And then the passenger
01:02:06took a photo of my car,
01:02:07the front.
01:02:08He approached my car.
01:02:09Frankly,
01:02:10he was staring me down.
01:02:11He was what?
01:02:12Staring me down,
01:02:13like this.
01:02:15And?
01:02:16And I did not feel safe,
01:02:17so I rolled up my window.
01:02:18He banged on it
01:02:19at that point,
01:02:20so I decided
01:02:20that I was going to,
01:02:23I didn't feel comfortable
01:02:24having him near me,
01:02:25so I decided to reverse.
01:02:27How do you reverse
01:02:28if there were cars
01:02:28behind you?
01:02:29Those cars began
01:02:30to go around everything
01:02:33and U-turn.
01:02:34Okay.
01:02:34I was going to go
01:02:36in the parking lot
01:02:36and as I reversed
01:02:39to go back
01:02:39into the Costco parking lot,
01:02:41he, again,
01:02:43staring me down
01:02:44this whole time,
01:02:45went into the street
01:02:47to block my way.
01:02:48And he had his phone
01:02:49in his hand,
01:02:50but he was searching
01:02:51for something
01:02:51in his pockets.
01:02:52At that moment,
01:02:53I decided
01:02:53that I was going to leave
01:02:54because he was not interested
01:02:56in taking a photo
01:02:57of my car.
01:02:58He was looking
01:02:58for something
01:02:59and he was staring me
01:03:00down this whole time.
01:03:01Well, usually
01:03:01when you have an accident,
01:03:03Mr. Stewart,
01:03:03and this was either
01:03:05an accident
01:03:05or an on-purpose
01:03:06that you hit his car.
01:03:08I don't know what
01:03:09because his car
01:03:10was standing still.
01:03:11You had already had,
01:03:12according to you,
01:03:13an aggressive interchange
01:03:14with him
01:03:15when he exited
01:03:16the parking lot.
01:03:16And what would seem
01:03:18logical is
01:03:20that if he honked you
01:03:22as he was moving out
01:03:23and then he got
01:03:25in front of you
01:03:26and the light changed
01:03:28and he didn't go,
01:03:30in your mind,
01:03:31you might say,
01:03:31well, he's going to wait
01:03:32until the light turns yellow
01:03:34and then he's going to turn
01:03:35because I was evidently
01:03:37holding him up
01:03:38at the parking lot.
01:03:39Did that go
01:03:40through your mind?
01:03:41I did believe
01:03:42that he was trying
01:03:43to punish me
01:03:44in some way.
01:03:45You did believe?
01:03:46Yes, I did.
01:03:46Of course.
01:03:47Go around me,
01:03:48you honked the horn,
01:03:49now you're in front of me,
01:03:50we're both going to make a turn
01:03:51and you're going
01:03:52to inconvenience me
01:03:54because it's a tit-for-tat.
01:03:56But the reaction to that
01:03:57isn't to hit his car.
01:03:59I had no intention
01:04:00of hitting his car.
01:04:00Well, but you did.
01:04:01His car was standing still
01:04:02and you were
01:04:03inching towards him.
01:04:05If you were inching
01:04:06towards him
01:04:07at some point,
01:04:08what kind of car
01:04:09were you driving?
01:04:10A Tesla Model S.
01:04:11A Tesla.
01:04:12What year?
01:04:132022.
01:04:14Okay.
01:04:15So you know
01:04:16that that has
01:04:16those bing,
01:04:18bing,
01:04:18bing,
01:04:18bing,
01:04:18bing if you get
01:04:19too close to a car,
01:04:20right?
01:04:21So your car is
01:04:22bing,
01:04:22bing,
01:04:22bing,
01:04:22bing,
01:04:22bing,
01:04:23bing,
01:04:23bing,
01:04:23bing,
01:04:23bing,
01:04:23and all of a sudden
01:04:24it's going bing
01:04:25because you're really close.
01:04:27So you know all of that.
01:04:29So this is hardly an accident.
01:04:32You hit his car
01:04:33more of an on purpose.
01:04:34You may not have intended
01:04:35to do damage
01:04:36but you hit his car
01:04:37whether negligently
01:04:38or on purpose.
01:04:39The first thing that you do
01:04:41when you have an accident
01:04:42is you get out of your car
01:04:44and you exchange information
01:04:46because I don't know
01:04:48if your car was damaged.
01:04:49I assume his car was damaged
01:04:51because your insurance company
01:04:53settled with him
01:04:54for the damage
01:04:56which means your insurance
01:04:58found that you were at fault
01:04:59at least with regard
01:05:01to the damage.
01:05:03Yes.
01:05:03But the first thing
01:05:04that you do
01:05:05is you exchange information.
01:05:07Now it's a road rage situation
01:05:09so I can sort of understand
01:05:11why having just hit him
01:05:14sort of on purpose
01:05:15and he getting out of the car
01:05:17you would feel
01:05:17slightly intimidated.
01:05:19Did you take a picture
01:05:20of his car?
01:05:21I did.
01:05:22And you have a picture
01:05:23of his license plate.
01:05:24Yes.
01:05:25So what you do after that
01:05:26you call the police
01:05:27and say there's just been
01:05:28a hit and run
01:05:29he hit my car
01:05:30he took off
01:05:31I have his license plate
01:05:32can you run it for me
01:05:33and find out who he is
01:05:34and they go and they'll
01:05:34find him and arrest him
01:05:36for 12 hours or something
01:05:37until he gives him
01:05:39his insurance information.
01:05:40In any event
01:05:41now you pull up
01:05:42your window
01:05:43and proceed to take off
01:05:45and he blocks your way
01:05:46and then what happened?
01:05:47So whatever he was looking for
01:05:49in his pockets
01:05:51he found
01:05:51because as I was driving
01:05:53around him
01:05:54I hear a ping
01:05:55on my car
01:05:55very loud.
01:05:57Where?
01:05:57In the back driver's side.
01:05:59And then what happened?
01:06:00So I'm in full flight mode
01:06:02at this point
01:06:02and not thinking about
01:06:04really what to do
01:06:05so I do what I was going to do
01:06:07which is a U-turn
01:06:08that puts me back
01:06:09in his path
01:06:10because he goes into
01:06:11the oncoming traffic
01:06:12and stops it.
01:06:14That's the blue
01:06:14yes.
01:06:15And so he stops the traffic
01:06:16and again
01:06:18I'm just driving forward
01:06:19so I don't see this happen
01:06:20but as I'm driving past him
01:06:23my driver's side window
01:06:24shatters
01:06:24and you can't really see
01:06:25out of it at this point
01:06:26because it's just
01:06:27a spider web.
01:06:28I leave
01:06:30and later get a phone call
01:06:31from the police.
01:06:32They tell me that
01:06:33Mr. DeWitt
01:06:34had called them
01:06:35and they want me
01:06:36to come back to the scene
01:06:36and frankly I refuse
01:06:39because I was
01:06:40too scared
01:06:41I didn't want to be
01:06:42in the presence
01:06:42of Mr. DeWitt again.
01:06:43Well just a second
01:06:43police called you
01:06:44and gave you a direction
01:06:46to return to the scene
01:06:48and they're there
01:06:49at the scene
01:06:50so what did you do?
01:06:51You just ignored them?
01:06:52No I told them
01:06:53that I didn't want to
01:06:54and they agreed
01:06:54to have the officer
01:06:55come back to where I was.
01:06:57I didn't feel safe.
01:06:58Well that's ridiculous.
01:07:02Did you sue him?
01:07:04No ma'am.
01:07:05If somebody swerved
01:07:06their car
01:07:06and broke my hand
01:07:07I guarantee you
01:07:09I would find
01:07:10the best
01:07:10little distress.
01:07:12Now I don't buy
01:07:13that you didn't feel safe sir.
01:07:14You may not have felt safe
01:07:15if he told you
01:07:16to come back to the scene
01:07:17but if police officers
01:07:18are on scene
01:07:19and they tell you
01:07:20please come back
01:07:20to the scene
01:07:21then that's what you do.
01:07:22You come back to the scene.
01:07:23The officer did come visit me
01:07:25and he told me
01:07:27You can't tell me
01:07:27what he told you.
01:07:28That's hearsay.
01:07:29You have a police report
01:07:30I'll look at it.
01:07:30Yeah I do have a police report.
01:07:31I'd like to look at it.
01:07:32Okay.
01:07:33Okay so I see
01:07:47the police report
01:07:48and the police report
01:07:49is relatively consistent
01:07:50with what you testified
01:07:52to today.
01:07:53The police report
01:07:54refers to
01:07:55a video
01:07:56which
01:07:57I assume
01:07:58that the police officer
01:07:59watched.
01:08:00Is that correct?
01:08:01I showed it to him.
01:08:02After the
01:08:02taking information
01:08:04the police officer
01:08:05determined
01:08:06that there was
01:08:07felony vandalism
01:08:09with regard
01:08:10to breaking
01:08:11his car window.
01:08:12I know that you're
01:08:13going to have
01:08:13a different story
01:08:14for me
01:08:15I assume.
01:08:16Okay.
01:08:16Well
01:08:17he has a video
01:08:18of exactly what happened
01:08:19so now I would like
01:08:21you to tell me
01:08:22your version
01:08:23of what happened.
01:08:24You're standing
01:08:25at the red light
01:08:26and
01:08:26would you go over
01:08:27to the map
01:08:27and show me
01:08:28Yes ma'am.
01:08:29Okay.
01:08:30We were sitting
01:08:31first car
01:08:32here in the turn lane.
01:08:33He was behind us.
01:08:34We felt a tap.
01:08:36We were trying to
01:08:36so we had a
01:08:37Halloween party
01:08:38to go to.
01:08:39So she had a new car
01:08:40and you can't
01:08:41put an address
01:08:42into the navigation
01:08:43system
01:08:43unless it's in park.
01:08:45So we put it in park
01:08:46and we were putting
01:08:47in the address.
01:08:48Apparently the light
01:08:48turned green.
01:08:49We heard him honk.
01:08:51I waved.
01:08:52It's all becoming
01:08:53clearer.
01:08:54Yes.
01:08:54Okay.
01:08:55So you know
01:08:56you were going
01:08:56to a Halloween party.
01:08:58You were in Costco.
01:08:58I assume you were
01:08:59shopping in Costco?
01:09:00Yes ma'am.
01:09:01Okay.
01:09:01But going to the
01:09:02Halloween party
01:09:03wasn't a surprise.
01:09:05No ma'am.
01:09:06That's where you
01:09:06were going.
01:09:07Yes ma'am.
01:09:07So we could have
01:09:08put the address
01:09:09of where you were
01:09:10going in at the
01:09:11parking lot.
01:09:12Yes ma'am.
01:09:12And so you didn't
01:09:14do that.
01:09:14Now you're at a light
01:09:15with cars behind you.
01:09:16You had to put
01:09:17the car in park.
01:09:18Are you reading
01:09:19him the address?
01:09:20Yes.
01:09:21Yeah.
01:09:21Could you stand up
01:09:22for one second?
01:09:22I'm just interested.
01:09:25Did you suggest
01:09:26to him that he
01:09:27put the address
01:09:28in in the
01:09:28parking lot?
01:09:29We didn't think
01:09:29about it at the
01:09:30moment at that
01:09:31time.
01:09:31Well you see
01:09:32I would have
01:09:32said to my
01:09:33husband you are
01:09:35here in the
01:09:35parking lot.
01:09:36Let's put the
01:09:37address in in
01:09:38the parking lot
01:09:39which he would
01:09:39have said don't
01:09:40tell me what to
01:09:40do when we're
01:09:41out of the
01:09:41parking lot.
01:09:42I'll put it
01:09:43in.
01:09:43Well that's
01:09:44sort of ridiculous
01:09:46because now you're
01:09:47annoying other
01:09:48people because
01:09:48everybody's looking
01:09:49to make a left
01:09:50turn.
01:09:51Your car is in
01:09:51park and you're
01:09:52doing something
01:09:53else.
01:09:54I'm not
01:09:54excusing the
01:09:55fact that he
01:09:55hit your car
01:09:56at all because
01:09:57it was aggressive
01:09:58but it's
01:09:59frustrating.
01:10:00Everybody who's
01:10:00been behind a
01:10:01car that's doing
01:10:02something else
01:10:02contacting their
01:10:04boyfriend or
01:10:05their girlfriend or
01:10:05sending a text
01:10:06message or looking
01:10:07for something in
01:10:08their pocketbook is
01:10:09annoying.
01:10:11It's not being a
01:10:12good citizen.
01:10:13It's being selfish.
01:10:14It's just not
01:10:15right.
01:10:16Now so you're
01:10:17doing something
01:10:17that's not right.
01:10:18You get tapped and
01:10:19what happened?
01:10:20So I told her
01:10:21hey we just got
01:10:22hit.
01:10:23We both exited
01:10:24the car.
01:10:25We walked around
01:10:25back and she had
01:10:26her cell phone on
01:10:27her.
01:10:27I did not have my
01:10:28cell phone.
01:10:29I told her and he
01:10:30started backing up
01:10:31immediately as soon as
01:10:32we got to the back of
01:10:33the car he was
01:10:34backing up so much
01:10:35as it made the
01:10:36person behind him
01:10:37reverse so that he
01:10:39didn't hit them.
01:10:40He started backing
01:10:41up.
01:10:41I told her take a
01:10:42picture of his car
01:10:43he's trying to run.
01:10:44So she takes a
01:10:45picture and then I
01:10:46said put it on
01:10:47video.
01:10:48She puts her
01:10:48camera onto video
01:10:49and hits record
01:10:50handed me the
01:10:51phone.
01:10:52I didn't point the
01:10:54camera.
01:10:54I wasn't trying to
01:10:55be a photographer.
01:10:56I walked over to
01:10:57the side of his
01:10:57car and he's
01:10:59backing up.
01:10:59Now the car behind
01:11:00him is trying to
01:11:01get out of his
01:11:02way.
01:11:02You can stand
01:11:03there.
01:11:03You can have a
01:11:04seat.
01:11:05Go back.
01:11:06So when I walked
01:11:07up to his car I
01:11:08knocked on the
01:11:09window and it's
01:11:10his testimony that I
01:11:12was staring him
01:11:12down and that I
01:11:13was aggressive and
01:11:14he was scared.
01:11:15I'm sure you
01:11:16weren't happy with
01:11:17him.
01:11:17And?
01:11:18And so he just
01:11:19started backing up
01:11:20but cars coming down
01:11:21the road he got
01:11:22gridlocked.
01:11:22He couldn't get into
01:11:23the Costco parking
01:11:24lot so he came up.
01:11:26May I approach the
01:11:27map again your
01:11:27honor?
01:11:29He came up past
01:11:31me went between
01:11:32these two cars and
01:11:34then made a U-turn.
01:11:36This is where I
01:11:37walked across the
01:11:37median to stop him.
01:11:39He then swerved at
01:11:40me.
01:11:41You could tell the
01:11:42safety features in
01:11:43the Tesla applied a
01:11:44brake and swerved to
01:11:45the right.
01:11:46He then overrode
01:11:48that and swerved
01:11:49back at me trying to
01:11:50hit me in the car in
01:11:51the road and that's
01:11:52when everything took
01:11:53place.
01:11:54Okay so this is what
01:11:55the case is about.
01:11:57He wants you to pay
01:11:58the damage for his
01:11:59window and punitive
01:12:01damages for emotional
01:12:02distress which I'm
01:12:03dismissing right now
01:12:05Mr. Stewart because
01:12:05you caused your own
01:12:06emotional distress.
01:12:08Whatever emotional
01:12:09distress you had that
01:12:10was on you.
01:12:11So how much did it
01:12:12cost to fix your
01:12:12window?
01:12:13So I know a
01:12:13realistic figure
01:12:14cost this $10,000
01:12:15as we're flying.
01:12:16So the actual cost
01:12:18of the window was
01:12:19$617.86.
01:12:22Okay and how much
01:12:24did your insurance
01:12:25company pay to fix
01:12:26their car?
01:12:28$619.45.
01:12:30Okay before we
01:12:31proceed to look at
01:12:32these videos because
01:12:33now what we're talking
01:12:34about is we're talking
01:12:35about $617 rather
01:12:38than $10,000 but from
01:12:41reading the papers Mr.
01:12:42DeWitt you suffered a
01:12:43broken hand.
01:12:44Yes ma'am.
01:12:45And according to your
01:12:46papers at least you
01:12:47suffered a broken hand
01:12:49because he hit you
01:12:50with his car.
01:12:51Yes ma'am.
01:12:52Did you sue him for
01:12:55hitting you with his
01:12:56car?
01:12:56No ma'am.
01:12:57Why not?
01:12:58I've never sued anyone
01:12:59probably will never sue
01:13:00anyone.
01:13:01Well that's not.
01:13:02Sorry but.
01:13:02Well if somebody
01:13:03swerved their car and
01:13:04broke my hand I
01:13:06guarantee you I would
01:13:07find the best tort
01:13:09lawyer in whatever
01:13:10jurisdiction I was in
01:13:12and sue their pants
01:13:13off.
01:13:14I felt he was trying
01:13:15to injure me I would
01:13:16have handled it in a
01:13:17different manner.
01:13:18Well according to your
01:13:19testimony Mr. DeWitt he
01:13:21was trying to injure you.
01:13:23He said he overrode his
01:13:24Tesla to try to swerve
01:13:26right into you.
01:13:27Well that's trying to
01:13:29injure you.
01:13:29There's no question about
01:13:30that but I'm going to
01:13:31take a look now because
01:13:32your statement is that he
01:13:34purposely shattered your
01:13:37window with something and
01:13:38it's your suggestion at
01:13:40least that that's how he
01:13:41broke his hand.
01:13:42Correct.
01:13:42And he said no he
01:13:43broke his hand when you
01:13:45swerved I read his
01:13:46papers when you swerved
01:13:48and you hit him with the
01:13:51rear view mirror of your
01:13:53car correct?
01:13:55Yes.
01:13:55Let's take a look.
01:13:57Is this your video?
01:13:58Yes this is the dash cam
01:13:59video.
01:14:00Okay let's take a look at
01:14:01it.
01:14:10All right so not a so.
01:14:23Not a so.
01:14:40So he's got keys out in one
01:14:49end it looks like a phone
01:14:50in the other.
01:14:51Now he's going across to
01:14:53where you're coming around.
01:14:58He crosses the little
01:14:59median.
01:15:03Oh no the car doesn't hit
01:15:04you Mr. DeWitt.
01:15:05You threw something at it.
01:15:07When he does the U-turn.
01:15:09Okay we're going to see
01:15:10more but you do realize
01:15:11that you did throw
01:15:12something at his car.
01:15:18So that was where he hit
01:15:19the my side of my hand
01:15:21when he was coming past.
01:15:23I don't see that.
01:15:24Just a second.
01:15:24I don't see that.
01:15:26So let's look at it again.
01:15:28Is this when you claim
01:15:29that he hit you?
01:15:30Yes.
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