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Transcript
00:00:00He says that you pulled a gun.
00:00:02Did not.
00:00:03Yeah, you did.
00:00:04No, I didn't.
00:00:05Sure you did.
00:00:06Prove it.
00:00:07You can't.
00:00:13Don't be mad at me.
00:00:14Don't be mad at me.
00:00:15I'm not.
00:00:15I love you.
00:00:16Okay, good.
00:00:17Claiming Michael filed a false police report against him.
00:00:21Now, you hadn't gotten your $800 back.
00:00:23Nope.
00:00:24And he still had the engine.
00:00:25Yep.
00:00:25In January of this year.
00:00:27Yep.
00:00:28So, yep is not an answer.
00:00:29Yes is an answer.
00:00:30So, why, sir, under those circumstances, would you bring him another car to fix?
00:00:36Because then I had absolutely no transportation.
00:00:38You know, I needed something to work.
00:00:40Just a second.
00:00:41You had a big truck.
00:00:42You had a little truck.
00:00:43So, the big truck is now immobile.
00:00:45It's at your house.
00:00:46And the only working vehicle that you had needed work on it.
00:00:50Yes.
00:00:50So, you brought it to him.
00:00:52Yep.
00:00:52Not yep.
00:00:53That's yes.
00:00:54Yes.
00:00:54And he worked on it.
00:00:55Yes.
00:00:56Because it was inoperable.
00:00:58No, it was operable, but he told me that...
00:01:00Not he told you.
00:01:01You didn't bring it to him because he told you you were having trouble with it.
00:01:04Yes.
00:01:05What kind of trouble were you having with it?
00:01:07Uh, there was a grinding.
00:01:09Oh, that's a big deal.
00:01:10Grinding sound.
00:01:11Yes.
00:01:12What parts did it need?
00:01:14Well, he told me it was the transfer case.
00:01:16Did he fix your truck?
00:01:18Eventually, but it was the rear end.
00:01:20Just a second.
00:01:21Eventually, did he fix...
00:01:22Take hands out of your pockets.
00:01:23It was both.
00:01:24Did he fix the truck?
00:01:25The second one.
00:01:26The smaller one.
00:01:27Yeah.
00:01:27The one that you needed for transportation.
00:01:28Yes.
00:01:28Eventually, yes, he did.
00:01:29He put in a rear end.
00:01:31Okay.
00:01:31Did you pay him for that?
00:01:32Yes, ma'am, I did.
00:01:33How much did you pay for that?
00:01:34$300.
00:01:35How long did he have it?
00:01:37Oh, he did that within about a week.
00:01:39Two days.
00:01:40Hmm?
00:01:41Two days.
00:01:42Okay.
00:01:42So it took you two days?
00:01:44Yes.
00:01:44Did you give him a bill for that work?
00:01:46I didn't give him nothing.
00:01:48Just a word of mouth.
00:01:49He says that he gave you $300 to fix that car.
00:01:53Did he give you $300 to fix that car?
00:01:56No, he did not.
00:01:57Okay, do you have any proof?
00:01:57$600 altogether.
00:01:58Just a second.
00:01:59Would you please show me any proof that you have that you gave him $300 to fix that car?
00:02:04I don't have proof of the money that I gave him.
00:02:07I just have the receipt.
00:02:08He doesn't got it.
00:02:09Shh.
00:02:10Shh.
00:02:11Okay.
00:02:12I just have the receipts for the parts that I bought for the vehicle.
00:02:15Okay.
00:02:16He first said it was the transfer case.
00:02:17I buy a transfer case.
00:02:18It doesn't matter.
00:02:19He's working, so.
00:02:20Yeah.
00:02:21But I paid him to do something.
00:02:22He took something to part of the truck.
00:02:24It wasn't even the problem.
00:02:25But yet I still paid him for it.
00:02:26But this part, quite honestly, I don't understand.
00:02:28And then I paid him for the rear end, too.
00:02:30I don't understand a couple of things.
00:02:31Okay.
00:02:31If I've been disappointed by a workman, as you clearly were, from June 2020 until January 2020,
00:02:41because they hadn't completed a job for you, despite the fact that you purchased the part,
00:02:47I wouldn't call that same mechanic back.
00:02:51I wouldn't call that same plumber back.
00:02:53I wouldn't call that same electrician back because I'd had a bad experience with him.
00:02:57So it confounds me as to why you would take another vehicle to him if he was so dissatisfied with his work.
00:03:05Understandable.
00:03:07Yeah.
00:03:08Well, so why?
00:03:09I felt like I was in a tight spot and I really couldn't afford it.
00:03:12What kind of tight spot were you in?
00:03:14Where do you live?
00:03:14I live in Minneapolis.
00:03:16Minneapolis.
00:03:16That's a big town.
00:03:17There are lots of mechanics there.
00:03:18There are lots of auto repair, truck repair.
00:03:20Yeah, but I really financially couldn't afford a, you know, legitimate...
00:03:26No, that's what happens when you deal with a legitimate.
00:03:28But I don't understand why an otherwise intelligent man would take his only semi-operating vehicle
00:03:35to the same person who had his truck for a year and didn't fix it.
00:03:39Listen, what'd you do with his engine?
00:03:42I scrapped it.
00:03:43Okay.
00:03:44Don't be mad at me.
00:03:45Huh?
00:03:46Don't be mad at me.
00:03:47I'm not.
00:03:47I love you.
00:03:48Okay, good.
00:03:51When did you scrap it?
00:03:52The end of April of 2022.
00:03:55Did you give him any notice that you were going to scrap his engine?
00:03:58No, I did not.
00:03:59There's a false police report made against me.
00:04:01Okay.
00:04:02I have the case number and the officer's number.
00:04:04Okay, just a sec.
00:04:05So you retaliated because that's your counterclaim, that he filed a false police report as a result
00:04:11of which, in the false police report, said that during the course of a heated argument
00:04:15about this truck, that he says that you pulled a gun.
00:04:18And?
00:04:19Did not.
00:04:19Filed a police report.
00:04:21No, I didn't.
00:04:22You did.
00:04:22Shh.
00:04:24Prove it.
00:04:25You can't.
00:04:25Mr. Rantel.
00:04:28And that's your counterclaim, that he filed this false police report and nothing ever came
00:04:32of it except you were embarrassed by being questioned by the police in front of family members.
00:04:36Yes.
00:04:37And as a result of that false police report, you threw away his motor.
00:04:41Yes, ma'am.
00:04:41Okay, well, you can't do that.
00:04:43That you can't do.
00:04:44How much did you pay for the motor, sir?
00:04:46$690 plus.
00:04:46I paid $100 for delivery of the motor.
00:04:49I'd like to see the invoice for that.
00:04:51I got the invoice for the motor, but not...
00:04:53That's all I need.
00:04:54Okay.
00:05:02So, Mr. Rantel, so that we're clear, you have to understand, you can't get even by selling
00:05:09somebody else's property.
00:05:10I didn't sell it.
00:05:11What'd you do?
00:05:11I didn't sell it.
00:05:12I gave it away.
00:05:13It doesn't matter.
00:05:13By disposing of.
00:05:15Let's make it disposing of.
00:05:16When you say you scrapped it, you mean nobody gave you $10 for it?
00:05:19Not a dime.
00:05:21Okay.
00:05:21Then you can't give it away in retaliation.
00:05:23Why not?
00:05:23Why not?
00:05:24It was in my possession.
00:05:25No, because you took...
00:05:26He tried to put me in jail, but not something I didn't do.
00:05:28Just a second.
00:05:29I'm speaking.
00:05:30I'm speaking.
00:05:32You cannot sell someone else's property in retaliation for them doing something to you
00:05:38when you have legal recourse.
00:05:40Your legal recourse is to come here and file a case.
00:05:43You did it as a counterclaim and say he filed a false police report against me that I was
00:05:48using a gun.
00:05:49So that's what you do.
00:05:50The response to that isn't, I'm going to sell his property.
00:05:54That's not your response.
00:05:55You know, when I used to sit in family court, I had young people, one of whom was selling
00:06:00drugs for a very long time, heavy drugs, kid, you know, 15, 16 years old.
00:06:05And he had six or seven priors for selling heavy duty drugs.
00:06:09And I tried that case and there was no question he was selling drugs.
00:06:12And his lawyer's argument at the disposition stage of that case was he was selling drugs
00:06:18because his grandmother died.
00:06:20I said, you know, I lost all my grandparents and I was close to my grandparents.
00:06:24I did a lot of things.
00:06:25I grieved, lost my appetite for a while.
00:06:28I was sad, but I didn't sell drugs.
00:06:31So when somebody does something to you that you believe is against the law, your responsibility
00:06:35is you file a case against them.
00:06:38Right.
00:06:38You proceed legally against them.
00:06:40You don't take it out in another way, you know, because that doesn't make a civilized
00:06:45society.
00:06:45Just doesn't.
00:06:46That makes sort of a vigilante kind of thing.
00:06:48So you shouldn't do that.
00:06:49So you have to pay him for his engine.
00:06:51Now, as far as the second piece of your case is the $800 that you gave him, I have no idea
00:06:56how much it was to fix your second car, but he did in fact fix it.
00:07:00And since you had no particular agreement with him on how much it was, and according to you,
00:07:05you couldn't deal with someone, you didn't have the funds to deal with someone who was,
00:07:09I think the word was legitimate.
00:07:11Legitimate.
00:07:13That's a problem that I can't resolve for you.
00:07:15Now, let's get to this argument and his counterclaim.
00:07:19The argument that you had was over the truck.
00:07:21The white truck?
00:07:22Yes.
00:07:22Any truck.
00:07:23I don't care what truck.
00:07:23Yes.
00:07:24I'm not a truck girl myself.
00:07:26I like four-door, comfortable sedans.
00:07:28And this argument took place on what date?
00:07:31Why don't you tell me, Mr. Antel, because this is your counterclaim.
00:07:34It was the end of April.
00:07:35End of April of 2022.
00:07:37Yes.
00:07:37And the police were called.
00:07:38No, ma'am.
00:07:39Yes, the police were called.
00:07:40They showed up at my place.
00:07:42No, the police report is 7-25-22.
00:07:447-25-22?
00:07:45May I see the police report?
00:07:46Yes, ma'am.
00:07:47All right, Your Honor.
00:07:49That's a lie.
00:07:50Because it was April.
00:07:52I'm going to look at it.
00:07:53Just a second.
00:07:56Yeah.
00:07:56Time of occurrence, April, 22nd, 2022.
00:07:59It was April.
00:08:00Yeah.
00:08:01Yes, I got him.
00:08:03You don't need a truck.
00:08:04You don't need a car.
00:08:05You have no driver's license.
00:08:06No, ma'am.
00:08:07Me and my son, we work construction together.
00:08:08He drives.
00:08:09Do you know how old I am?
00:08:10Do you have any idea how old I am?
00:08:12You think...
00:08:12He never owned.
00:08:14Now, I'm going to look at it.
00:08:16Just a second.
00:08:19Yeah.
00:08:19Time of occurrence, April, 22nd, 2022.
00:08:22It was April.
00:08:23Yeah.
00:08:24Yes, I got him.
00:08:27You have a driver's license?
00:08:29It's currently suspended.
00:08:30How long has it been suspended, Mr. Grunegar?
00:08:33Uh, about a year now.
00:08:36What were you doing driving a vehicle?
00:08:37I wasn't.
00:08:38They were towing the vehicle with a tow chain.
00:08:40I understand that.
00:08:41But you drive a vehicle, sir.
00:08:43I was steering the vehicle.
00:08:44What does that mean, you were steering the vehicle?
00:08:46Driving it.
00:08:47The vehicle moving at four miles an hour.
00:08:50I don't care if it was running backwards.
00:08:51I just asked you.
00:08:52You have no license.
00:08:53Because according to the police, you having a driver's license would be inimical to public safety.
00:08:59That's what it says here.
00:09:00Now, why is that?
00:09:00Have you had accidents in the past?
00:09:02Yes.
00:09:03Yes.
00:09:03Serious ones.
00:09:04Yes.
00:09:06Okay.
00:09:07You don't need a truck.
00:09:08You don't need a car.
00:09:08You have no driver's license.
00:09:10No, ma'am.
00:09:10Me and my son, we work construction together.
00:09:12He drives.
00:09:13Do you know how old I am?
00:09:14Do you have any idea how old I am?
00:09:15You think that I believe that?
00:09:17It's only going four miles an hour.
00:09:20I will set the rules of what it is that means driving.
00:09:24You go five miles an hour, it's really not driving.
00:09:26He lives three blocks away from him.
00:09:27We were just...
00:09:28I don't care.
00:09:28...tolling it down the street.
00:09:29I don't care whether you were in the kitchen or he was in the laundry room.
00:09:31And when you spoke to the police, Mr. Grinegar, there were two other witnesses, and you would
00:09:38not give them the last name or contact information for either of them.
00:09:42Is that right?
00:09:43That's what it says here, unless it's calling the police life.
00:09:45Yeah, I didn't know his last name, and...
00:09:47And you wouldn't give them your son's name because you say he doesn't like police.
00:09:52And that, I want to make straight, that is not true.
00:09:54I would not tell a police officer my son doesn't like police.
00:09:56It should be noted that Grinegar stated that Michael Jr. would not give a statement because
00:10:00he didn't like police.
00:10:01Right.
00:10:01As well as Grinegar would not give the phone number for Michael Jr.
00:10:05I'm just telling you, I'm reading you what...
00:10:07I know, I'm sorry.
00:10:07But you handed me, it's your evidence.
00:10:09Yep, I'm sorry.
00:10:10Okie dokie.
00:10:11Did you make an application, Mr. Grinegar, for any sort of protective order against him?
00:10:16No.
00:10:17No.
00:10:18You were advised by the police that you could do that if you wanted to.
00:10:21No.
00:10:22Interesting.
00:10:22Yeah, that report is interesting.
00:10:23It was you, your son, and this person, Kyle, who were present, and only Mr. Antell.
00:10:31Is that right?
00:10:31When this confrontation took place?
00:10:33Yes.
00:10:33And according to you, you got out of your truck and you started walking towards him aggressively.
00:10:38That's according to you.
00:10:39That's not true.
00:10:40He's 40 feet away from me.
00:10:41No, no, no, no, no.
00:10:42According to you, I'm reading you what your police report says, sir.
00:10:46Yeah, but...
00:10:47I'm reading what your police report says based upon what you told the police at the time back in April.
00:10:53It's not entirely correct.
00:10:54Grinegar stated that he started advancing towards Antell.
00:10:59Grinegar also stated that he called Antell while he was walking towards him.
00:11:05It should be noted that Grinegar stated, and this is all on body cam, that he was walking towards Antell aggressively.
00:11:12Grinegar stated that Antell then pulled what he described as a black handgun out of his sweatshirt pocket.
00:11:18He described it as black and silver trim.
00:11:21He stated that he did not point it or say anything, just showed it to him to make you aware that he was carrying.
00:11:26And after the police interviewed both of you and confirmed the two people with you were out
00:11:32and you were walking and confronting him aggressively, called his names,
00:11:36and could not confirm the fact that he had a gun, took out a gun, not pointed it to you,
00:11:40just showed you that he had it, they decided to do nothing.
00:11:43That's what you're telling me.
00:11:44That's what this report says.
00:11:45Yeah, they didn't validate it as a threat.
00:11:47They did not validate it at all.
00:11:49Right.
00:11:50Okay, so, Mr. Antell.
00:11:52Yes.
00:11:53What happened after that report is that police officers came to your house to ask you about that.
00:12:00Yes.
00:12:01Right?
00:12:01And you said, related, practically the same thing that Mr. Grunegor did to the police,
00:12:06that he approached you, that he called you a name, that he was aggressive.
00:12:10You said all of that.
00:12:11Yes.
00:12:11But you said you did not have a gun.
00:12:13That's right.
00:12:14Okay.
00:12:14And this is not meant to hold you criminally responsible for anything.
00:12:19Mr. Antell, have you ever had possession of a gun?
00:12:22No.
00:12:23Ever, in your life?
00:12:24No.
00:12:25Did you ever purchase a gun?
00:12:27No.
00:12:27In your state, in order to purchase a gun legally, do you have to go through a process or is it a carry state?
00:12:34You have to go through a legal process.
00:12:36Yes.
00:12:36You have to?
00:12:37Yes.
00:12:37Okay.
00:12:38Were you ever arrested for carrying a gun?
00:12:40No.
00:12:41Other than your statement that he showed you that he had a gun.
00:12:45And how far was he standing from you?
00:12:47About 40 feet.
00:12:4840 feet away.
00:12:49And you saw him take something out of his sweatshirt pocket?
00:12:53He didn't remove it out of his pocket.
00:12:55He removed his hand covering it.
00:12:57What does that mean?
00:12:58It was in his pocket.
00:12:59He was wearing a hoodie.
00:13:00How do you know it was in his pocket?
00:13:01What do you have, x-ray vision?
00:13:03No.
00:13:03My son seen it because his car, his vehicle was right alongside his vehicle.
00:13:07So my son seen it.
00:13:09And then when he got back in his car and pulled up another 10 feet and got out of his car, turned around and said,
00:13:16yeah, bring it, bring it, and a few expletives, and then pulled his hand out of his hoodie pocket and revealed the handle of the gun.
00:13:24Just a second.
00:13:24So you're saying at that time you saw it?
00:13:27Yes.
00:13:27You saw it.
00:13:28Not your son 40 feet away.
00:13:29My son had seen it on the feet of his car.
00:13:30Not son 40 feet away.
00:13:32That's a lie.
00:13:32But you saw it.
00:13:33And he reached in and grabbed it and put it in his sweater because when he got back out of the car to face me is when he decided to show me he had a gun.
00:13:41Okay.
00:13:41Were you out of your truck at the time?
00:13:43Yes, I was standing beside him.
00:13:44Okay, so you were out of his truck.
00:13:46And what about your son?
00:13:47Was he out of the truck?
00:13:48Nope.
00:13:48He was in.
00:13:49What about Kylie?
00:13:50He remained in the truck, too.
00:13:51He was the one in front pulling the truck that I was steering, and he was following behind.
00:13:56It was a little convoy.
00:13:57And Mr. Antel was by himself?
00:13:59Yes.
00:14:00He was driving down the street in the opposite direction.
00:14:02Mr. Antel, I am not satisfied, quite frankly, and cannot make a determination whether or not you had a gun or what appeared to be a gun or what appeared to be something in your pocket,
00:14:13or whether you even moved your hand in your pocket to demonstrate maybe you had a weapon.
00:14:17I don't find that the acts that you allege that he committed by filing this false police report is something that I can justify giving you a financial award for,
00:14:29because I'm not so sure that you didn't have something in your pocket.
00:14:32I didn't have anything.
00:14:32I'm not sure.
00:14:33In any event, Mr. Antel, you owe him for the engine that you discarded in a peak.
00:14:39You can't do that.
00:14:40Cost of the engine was $590, right?
00:14:43$590.
00:14:45Judgment for the plaintiff.
00:14:46We're finished.
00:14:46Ma'am, ma'am, your honor.
00:14:47Report is adjourned.
00:14:48I was kind of in a hard spot.
00:14:49I needed my truck fixed.
00:14:51Tried to push me and push me.
00:14:52I trusted him.
00:14:53I didn't work today.
00:14:54I won.
00:14:55Truck is inoperable.
00:14:56It's sitting in my backyard.
00:14:58I worked for what he gave me.
00:14:59I really couldn't afford, you know, like I said, a legitimate shopper, a mechanic.
00:15:03I've never owned a pistol.
00:15:05Yeah, he's lying.
00:15:05Basically, if I'm in a fight, I'm going to fight with my bare hands.
00:15:08You know, don't do anything without any receipts.
00:15:10Our friendship is through.
00:15:14You know, it's really hard when you have two difficult people, but there was something
00:15:19about what he said that had the ring of truth to it.
00:15:21Very honest.
00:15:23A directness.
00:15:24And I'm really not convinced.
00:15:26Were you?
00:15:26No, I wasn't either.
00:15:27And he had a gun.
00:15:28It could have gone either way.
00:15:29And while I believed his outburst of innocence, I couldn't imagine making something like that
00:15:35up, but maybe that's just me.
00:15:36So it was really difficult.
00:15:37I don't think I could have made a determination either way either.
00:15:41Yeah.
00:15:41And I think the answer is here.
00:15:43If you can't make a decision one way or another, it's not supposed to be a guess.
00:15:46It's supposed to be by some evidence.
00:15:48Yeah.
00:15:48But you can't sort of take the law into your own hands.
00:15:51And if you filed a police report, I'm going to scrap his engine.
00:15:55That's inappropriate.
00:15:56But with regard to the $800 that he paid him, there's no question he walked on the other
00:16:00truck.
00:16:01And he said he walked on it for two days.
00:16:03He didn't have a license to drive it.
00:16:03And the plaintiff didn't have a license to drive it anyway.
00:16:06Yeah.
00:16:06And Sarah, didn't he say, I needed one functional vehicle?
00:16:10So something like that.
00:16:11We'll have to get wet.
00:16:12Our countersuing, saying Kelly and Robert caused them to be evicted.
00:16:16So when you went to their house and you wanted to work on your marriage, you could have gone
00:16:19back to your in-laws.
00:16:20Yes, that's correct.
00:16:21You could have.
00:16:21Why didn't you?
00:16:22The reason why we decided to split up was because we're trying to keep our kids in the
00:16:26same school district.
00:16:27So with having four dogs, that's impossible to keep in an HOA.
00:16:30So she decided to go with her parents.
00:16:31I decided to stay back to finish the school year with the kids, still being in May, so
00:16:36they can finish in the same school district.
00:16:38That's why I decided I needed a mailing address so that they could stay in the same school district.
00:16:41So you mean this discussion that she just said to me about you having problems, marital
00:16:46problems with your wife, that never happened?
00:16:48Irrelevant.
00:16:50That's not what I said.
00:16:51What I said was because I believe her.
00:16:54I believe that that's what happened.
00:16:55I believe that you called her and said exactly what she said.
00:16:59She told me.
00:17:00I mean, I don't have to have Whitney read it back.
00:17:02I believe that that's what you said.
00:17:03So I don't want to hear baloney about school districts.
00:17:06You were having trouble with your wife.
00:17:07No, ma'am.
00:17:08No.
00:17:08No.
00:17:09And you didn't tell her that?
00:17:10We had been moved out of our old place of six years in El Cajon, and we were trying
00:17:16for six months to find a new place.
00:17:17So yes, it does put a lot of stress on a relationship, but we did not have any marital
00:17:21moves.
00:17:21Mr. Burroughs, you know what my strong suit is, and there's no question that the cameras
00:17:25just caught your face.
00:17:27My strong suit is being able to spot a lie from a mile away.
00:17:32And I'm telling you that there's no question that you called her late at night and said,
00:17:36I'm having trouble with my wife.
00:17:38If she asked me for a divorce, can I come and stay with you?
00:17:42There's no question that whether it was true or not, I don't know, because clearly you're
00:17:46a liar.
00:17:46So maybe it wasn't true, but that's what you told her.
00:17:48Your Honor, may I speak?
00:17:50You want me to call your parents?
00:17:52Please do.
00:17:53Would you like me to call your parents?
00:17:55I'm just asking you, would you like me to call your parents?
00:17:58No.
00:17:58Of course not.
00:17:59That's an easy thing for me to do.
00:18:01Part of what was going on was that we lived in our home for six years, and the homeowners
00:18:06had moved back in, and so they asked us to leave, and we had been actively searching
00:18:10for a home.
00:18:11So yes, it did put a bit of a strain on our marriage.
00:18:14And I took my dogs with me so that I can keep my operating business at my parents' house,
00:18:19because I am a dog-boarder, dog-sitter, and I did not want to shut my business down.
00:18:25And during this time, tensions, little things happening at my parents' house.
00:18:30So I said, you need to go see if you can rent a room or find somebody that can help you in
00:18:34the meantime until we can actively keep searching for a place for our family.
00:18:39We tried five different homes, and we didn't care.
00:18:41I don't care.
00:18:42What I said to your husband was he lied to me, because there's no question that he called,
00:18:48and whether it was true or not, that he said to your friends, I need a place to go.
00:18:52Do you have a place that I could stay on the couch?
00:18:55There's no question he said that to her.
00:18:58That is true.
00:18:59Yes, that is true.
00:19:00Okay.
00:19:00Well, then I want you to introduce your husband to the truth.
00:19:04It's something that he hasn't met, because that's not what he told me what happened.
00:19:09Correct.
00:19:09So that was a mistake of his.
00:19:11That was a mistake.
00:19:13And you know what happens when you lied to me once?
00:19:16Your case is dismissed.
00:19:19Because what you're suing for is being evicted, and you go, blah, blah, blah, blah, blah, blah,
00:19:23emotional distress.
00:19:24You lied to me once.
00:19:27Your case is dismissed.
00:19:29Now, we're going to come over here.
00:19:31You have a counterclaim.
00:19:32Your counterclaim is money owed for property damage.
00:19:36Correct.
00:19:37And for damages for eviction, because what happened was your landlord evicted you
00:19:41because she comes with her four dogs, three gerbils, two parakeets, to your house,
00:19:47and the owner of your condo doesn't want her any more than the owner of their last condo.
00:19:52Of course.
00:19:52Didn't want them.
00:19:53Got to save you money, buy your own house, or you can have as many dogs and parakeets
00:19:57as you like.
00:19:57You moved it to a place that's nicer?
00:20:00Absolutely not.
00:20:01Tell me what the papers said when your landlord notified you of the eviction.
00:20:06Do you have them?
00:20:07We do.
00:20:08I'd like to take a look at them.
00:20:09Yes, no problem.
00:20:10There was also in that piece of paper a $250 fine through our HOA from the whole commotion
00:20:20that he caused the day of asking them to leave.
00:20:22Just a second.
00:20:23You were a month-to-month tenant?
00:20:24Correct.
00:20:25You didn't have a lease for two years.
00:20:26You were a month-to-month tenant?
00:20:27We had a year lease, and then when the year was up, we moved month-to-month.
00:20:30They didn't evict you?
00:20:31No, they just gave us...
00:20:32They asked us to leave.
00:20:32Just a second.
00:20:33Your lawsuit is for damages, putative damages for an eviction.
00:20:38You weren't evicted.
00:20:39Well, we were asked to leave if we...
00:20:41No, they just decided not to renew your month-to-month lease.
00:20:44Due to the...
00:20:45I don't care what it was due to.
00:20:47Listen, if I owned a property and you let three kids, four dogs moved into my condo for six days,
00:20:55I wouldn't renew your lease on a month-to-month basis either.
00:20:58I don't care whether they were there for two days, four days, a week, or a month.
00:21:02You understand?
00:21:02Understood.
00:21:03Okay, so there was no eviction.
00:21:04So the punitive damages for that, forget it.
00:21:07Money owed for property damage.
00:21:09When they moved out, what did they damage, and how much did it cost you?
00:21:13There was a hole in the molding from moving the dressers down our stairs.
00:21:17They bonked it, bringing it out angrily because they were mad that we asked them to leave.
00:21:21We have the letters from our landlord stating everything they had to deduct from our deposit.
00:21:26Just a second.
00:21:26The hole in the wall.
00:21:27And how much was the hole in the wall?
00:21:30The molding was...
00:21:31No, just look at the paper and tell me how much was the hole in the wall.
00:21:35The painting was 180, and the molding repair was 200.
00:21:39How?
00:21:39Did you damage the molding when you were moving a dresser out of the house?
00:21:43Not that I'm aware of.
00:21:44Okay, not that you're aware of.
00:21:46You want to try the truth now?
00:21:48Was there a hole that you created moving a dresser out of the house?
00:21:52When David and I were moving our dresser over the stairs, down the stairs?
00:21:55Who's David?
00:21:57The defendant.
00:21:57So you were moving out the dresser with him?
00:22:00Careful.
00:22:01Introducing you to the truth.
00:22:03Did you move the dresser with him?
00:22:06I did help move the furniture out.
00:22:07The case is dismissed.
00:22:08The counterclaim likewise is dismissed.
00:22:11We're done.
00:22:12This court is adjourned.
00:22:15I take it as a win.
00:22:17The initial suit was them against us.
00:22:19Their suit got dismissed.
00:22:20We lost a lot of things and a lot of wages.
00:22:23That was just us being good friends.
00:22:25We definitely learned our lesson.
00:22:26We will never help another crying husband on our doorstep claiming divorce again.
00:22:30People that are offering to be nice to you in times of need don't charge you.
00:22:35They kind of cried, oh, marriage and divorce the whole time, knowing that we're young and
00:22:39married.
00:22:39It's something we take seriously in our lives.
00:22:41And we're still trying to build our lives back.
00:22:44I should actually make a party to introduce all those people to Mr. Truth.
00:22:49I agree.
00:22:50There's a lot of mismatch.
00:22:52It doesn't make sense.
00:22:53If you're going to stay with a friend for a few days, you don't bring a bunk bed and
00:22:56two dressers.
00:22:57I've stayed with friends for a couple days, long weekend.
00:23:01You bring a bag with some clothes.
00:23:02Even with your kids.
00:23:03Yeah.
00:23:04You don't bring furniture.
00:23:05You don't bring any of that.
00:23:06So there's a lot of discrepancies.
00:23:07Things that didn't make sense.
00:23:08If it doesn't make sense, it's usually not true.
00:23:10Agreed.
00:23:11Case 2041, Dionne v. Everson.
00:23:14All parties, please step forward.
00:23:16Caitlin Dionne claims her former employer, Scott Everson, breached their contract to buy
00:23:22her baby shoe business.
00:23:24All right.
00:23:24What looks to be a complicated case, actually, is merely just a contract case.
00:23:29Ms. Dionne, you had a side business of making baby shoes, and I assume that those are the
00:23:35baby shoes.
00:23:35Yes, it was a false business.
00:23:36The defendants had a children's clothing website, and they became familiar with your
00:23:42baby shoes, and they were interested in buying your business.
00:23:45You entered into a contract wherein I believe that they agreed to pay you $30,000 for the
00:23:50business.
00:23:51Is that correct?
00:23:52That was the asking process.
00:23:52There was never a written contract signed.
00:23:54That's incorrect.
00:23:55Just a second.
00:23:55You entered into a deal for $30,000 and an employment contract without a written contract?
00:24:04I have the written contract here, Your Honor.
00:24:06Ah.
00:24:06Yeah.
00:24:07I would say goodbye to you all if there wasn't a written contract.
00:24:10There was a draft of a contract, the terms of which changed numerous times over the years.
00:24:14No, no, no.
00:24:14You can't change a written contract.
00:24:17Was it a written contract that was signed by both parties?
00:24:20No.
00:24:20It was never signed.
00:24:21He refused to sign it, even though he was the one that wrote it.
00:24:24...Jack McCurchian for tuition and administrative fees.
00:24:28Court come to order.
00:24:29All rise.
00:24:32Have a seat, please.
00:24:34Hello, Judge.
00:24:35Case number 2126.
00:24:37Lego versus McCurchian.
00:24:39You're welcome.
00:24:40You run a school.
00:24:42Yes, ma'am.
00:24:42It's a program.
00:24:43Is it a school or a program?
00:24:45It's a program.
00:24:46What's the difference?
00:24:47The program is not a school where the children come every day.
00:24:51They come twice a week.
00:24:53Parents...
00:24:53They come twice a week online?
00:24:55No.
00:24:56In person?
00:24:56In person, yes.
00:24:57Okay.
00:24:57So twice a week they are there at a brick-and-mortar place.
00:25:01Yes.
00:25:01And how long have you had this program?
00:25:04We actually started this program during the lockdown in 2020 spring.
00:25:08So this is at the end of our first semester of our third year.
00:25:11Okay.
00:25:12And tell me, who runs the program?
00:25:14I do.
00:25:15You have an educational background?
00:25:17I do.
00:25:17I have a master's in education.
00:25:19Does anybody run the program with you?
00:25:20I have a staff, but I'm the sole director.
00:25:23Is this an annual program?
00:25:25We do operate on a semesterly basis as far as payments, but the classes just roll over
00:25:30from first semester to second semester.
00:25:32And is there a contract?
00:25:34Yes.
00:25:34Okay.
00:25:35And you're going to show me the contract that the defendant signed on behalf of his son.
00:25:39Yes.
00:25:40Because that's what this case is about.
00:25:42Yes.
00:25:42The only interesting part of the case is your son was enrolled in the program.
00:25:46He was terminated from the program for, let's say, misconduct.
00:25:49That's true.
00:25:50And it was misconduct that was replicated in violation of the rules at least three times.
00:25:57Kind of.
00:25:57Not kind of.
00:25:58At least three times that you acknowledge.
00:26:01Okay.
00:26:01That's not an okay.
00:26:03That's not an okay.
00:26:04That's either a yes or a no.
00:26:05I mean, I read about three instances of cheating.
00:26:08You acknowledge that in your answer.
00:26:10Well, it's different.
00:26:11It's different.
00:26:12You mean he cheated differently.
00:26:14No, he didn't cheat differently.
00:26:15I mean, I can explain.
00:26:17It was explained in the papers.
00:26:19Okay.
00:26:19And you weren't there, so you can't explain.
00:26:22But you acknowledge the fact that he cheated.
00:26:25He was given a warning.
00:26:26You were advised.
00:26:27He cheated again.
00:26:28You were given a warning.
00:26:29And he was allowed to continue.
00:26:31On the third such event, the school terminated him.
00:26:34Is that what I read?
00:26:35Yes, ma'am.
00:26:36And that's what you acknowledge in your papers?
00:26:38Yes.
00:26:39Yes, ma'am.
00:26:39Okay.
00:26:40Well, that's a yes.
00:26:40And he was within a semester.
00:26:44You would pay the tuition and then try to reverse the payment because you paid on a credit card.
00:26:50Yes.
00:26:50I paid with credit card.
00:26:51Yes.
00:26:51Okay.
00:26:52And then when you got the bill, you challenged that payment, which you had in fact received.
00:26:58And whatever you told the credit card company is a result of what you told them, the payment was reversed and taken off your credit card.
00:27:08That is correct.
00:27:09Right.
00:27:09And so they are here now seeking that tuition payment from a court.
00:27:15That's why we're here, to see whether contractually, because this is a breach of contract action, you were obligated to pay the tuition even though your son was not in the program because he was dismissed for cause, which you acknowledge.
00:27:30Are we clear on where we are?
00:27:32Yes, ma'am.
00:27:33Yes, ma'am.
00:27:33Good.
00:27:34So now I'm going to look at the contract.
00:27:38I'd like to add that.
00:27:41Just let me look at the contract first.
00:27:45If you see contract, they're signed by my party.
00:27:48I want to see it too because I don't see my name.
00:27:50I sign a contract.
00:27:51That's a statement probably or it's a.
00:27:53It's a payment agreement.
00:27:55Yes.
00:27:55That's not a contract.
00:27:56Yeah.
00:27:56Payment agreement is a contract, sir.
00:27:58But signed by me?
00:27:59Well, it says signed Irina and Jack.
00:28:02Okay.
00:28:02Is Irina your wife?
00:28:04That's correct.
00:28:04Yeah.
00:28:05Okay.
00:28:05So this says, I understand that payments are due even if classes or memberships are dropped subject to the refund policy.
00:28:15Well, what's the refund policy and where is that in writing?
00:28:18It is on our website and they've signed it.
00:28:20It was a form that they had to sign.
00:28:22Well, I'd like to see the form that they signed.
00:28:25So I have to see what the terms are of that.
00:28:27These are the terms of the refund.
00:28:35That's a screenshot of our website.
00:28:38The website is unimportant to me.
00:28:40You say you have an agreement signed by them.
00:28:43I'd like to see it.
00:28:44Well, the agreement that we have signed was the installment agreement.
00:28:47So I'm sorry.
00:28:48Well, I only have one payment agreement.
00:28:51What I said I want to see is a refund policy.
00:28:54You said you have that that they signed.
00:28:56I don't see.
00:28:57They don't sign the policy.
00:28:58They signed the agreement.
00:29:00The policy is a written policy.
00:29:02Well, I would like to see the written policy.
00:29:04That's what we have on our website and it's clearly.
00:29:07No.
00:29:07No.
00:29:08Okay.
00:29:09Now, what you have to do is you have to incorporate something by agreement in this contract.
00:29:15If you say the refund policy as outlined in the website, because other than that, it's meaningless.
00:29:22Okay.
00:29:23You know, you're saying we have a refund policy and we assume that you looked on the website to see what the policy is.
00:29:30We also do go over it in parent meetings with the parents.
00:29:34That you can't do because you have a written agreement.
00:29:37Right.
00:29:38And anything that's outside of that agreement, unless it's referenced in the agreement, is inadmissible because the intention of it is to somehow change or modify the terms of your written contract.
00:29:52Okay.
00:29:52So in what month did the defendant's son start the program?
00:29:57In August of 2021.
00:29:59And it runs in two semesters.
00:30:00And when was he terminated?
00:30:02He was terminated in February of 2022.
00:30:05You were in a semester program?
00:30:07Yes.
00:30:07So am I correct that the first two episodes of cheating were in the first semester?
00:30:14Yes.
00:30:15When?
00:30:15The first one was early in November.
00:30:17It happened to be the third week of our second semester.
00:30:21The next one was a couple of weeks later in the same month of November.
00:30:25Okay.
00:30:26So the semester had started?
00:30:27Mm-hmm.
00:30:29Uh-huh.
00:30:29Second semester.
00:30:29Yes.
00:30:30Mm-hmm.
00:30:30And on what day in February was he terminated?
00:30:32He was terminated on February 24th, I believe.
00:30:37Yes.
00:30:38And when you terminated, the defendant, I assume, paid the entire semester's tuition for the second semester?
00:30:45The second semester he signed the installment agreement, which is what you have there.
00:30:50This is a payment agreement.
00:30:51Right.
00:30:52That's it.
00:30:52He agreed to pay an installment.
00:30:55No.
00:30:56It says, I agree to pay all charges by due dates according to the payment plan.
00:31:00I don't have a signed payment plan from anybody.
00:31:05Do you have one?
00:31:06I'm sorry.
00:31:07That's what we use for our signed payment plan.
00:31:09Well, you should use something different.
00:31:11This is not a payment plan.
00:31:12This says he will pay according to a payment plan.
00:31:15I'm looking for the payment plan.
00:31:17You pay by the month.
00:31:19You pay by the semester.
00:31:21How do you pay?
00:31:22It's a semesterly fee that's broken into four payments, so they don't have to pay it all up front.
00:31:27Okay.
00:31:27They can choose to.
00:31:28And so when was the defendant's last payment?
00:31:33They paid through the semester.
00:31:35Through what semester?
00:31:36Second semester.
00:31:37Okay.
00:31:37So they paid in full?
00:31:39Through the installment.
00:31:40So what happens is they agree to be automatically billed.
00:31:44And so every month, a certain amount comes out.
00:31:47Just a second.
00:31:48So what you're saying is when they sign up, they give you authority to pull out from their bank.
00:31:55Yes.
00:31:55Whatever the tuition is for that month.
00:31:58Right.
00:31:58Okay.
00:31:59And according to your records, when was the last payment that you received for the defendant's son prior to terminating him?
00:32:07Prior to terminating him, we received a payment in February.
00:32:11And you terminated him on February 24th?
00:32:14Yes.
00:32:15How much was that payment?
00:32:17It was, have it right here.
00:32:23You know what?
00:32:24I don't know.
00:32:25$350 every month.
00:32:27It was $300.
00:32:27That's right.
00:32:27$350.
00:32:30I know.
00:32:30I got charged the extra month, so I know the number.
00:32:33Okay.
00:32:33So it was $350 that you paid the beginning of February, and he was there in February.
00:32:39That is correct.
00:32:40Okay.
00:32:40In what month did you dispute the charge?
00:32:44Well, I...
00:32:44No, no, not well.
00:32:46I said in what month?
00:32:47May.
00:32:48I only realized in May she's been charging.
00:32:51Just a second.
00:32:52He was plagiarized by teachers.
00:32:57He was plagiarized by teachers.
00:32:59He was given notice.
00:33:00And your son was there in February.
00:33:03That is correct.
00:33:04Did you pay in March?
00:33:05It was taken out of my account without me knowing, but yes.
00:33:09Is that $350?
00:33:10That is correct.
00:33:11And did you pay in April?
00:33:13I did pay in April.
00:33:14Okay.
00:33:15Now, the May payment, is the May payment the payment that you canceled?
00:33:20No.
00:33:21On May, I also paid for a May payment.
00:33:24Looking at my statements, I said, why are we paying for the child?
00:33:28He doesn't go to school anymore.
00:33:30And that's what I called them.
00:33:33And then I called my credit card company, explained to what happened.
00:33:37They said, we are going to charge the money back to your account.
00:33:41And that's when I kind of looked through paperwork.
00:33:45And I'm an immigrant in this country.
00:33:47I don't read really well.
00:33:49I can speak, and my son, he's a young guy, and he knows exactly what it is.
00:33:54And that's what I brought him.
00:33:55I said, can you see, do we owe these people money?
00:33:58And if you guys allow it, I can have Alex to explain what here shows.
00:34:03Just see it.
00:34:04He doesn't have to explain anything to me.
00:34:06Okay.
00:34:06I'm not new to the country, and I was legally trained.
00:34:10So I don't need your son.
00:34:12I assume you're not legally trained.
00:34:14I am not.
00:34:14To interpret something, a piece of paper.
00:34:17So now I will look at the piece of paper that you're relying on.
00:34:21But I want to tell you this, sir.
00:34:22I pay the tuition for a lot of people.
00:34:27A lot.
00:34:28Because I have 13 grandchildren.
00:34:30Okay.
00:34:31In school.
00:34:32Okay.
00:34:33I'll take that, Kevin.
00:34:34I'm sorry.
00:34:35Yes.
00:34:35I know that if one of my kids, or grandkids, goes to school and gets expelled, and I pay
00:34:44the tuition, because I'm not on a payment plan.
00:34:46Parents send the bill directly.
00:34:48And so I pay the tuition, but I know if one of the kids in November, once I pay the tuition,
00:34:59gets caught cheating on a test or plagiarizing a paper, and he or she is dismissed from the
00:35:06school, they're not going to give me my tuition back, even though he's not in school.
00:35:11I'm not going to get the tuition back for that semester.
00:35:13That's true.
00:35:14That's what I'm telling you.
00:35:15I know that, so now I'm going to see what you want me to read that suggests that in
00:35:21this case, even though your son was terminated for cause from the school for cheating.
00:35:27Dismissal versus termination is different.
00:35:29No, no, no.
00:35:30It's not different at all.
00:35:31It's this exact same thing.
00:35:33Dismissed, terminated, expelled, all the same thing.
00:35:37If you look them up under synonyms for each other in the dictionary, you will find they're
00:35:41all the same.
00:35:42He was excised from the school because he cheated despite multiple warnings.
00:35:51So he was expelled from cause.
00:35:53I just want you to understand that.
00:35:54Did you go to college?
00:35:55Currently enrolled.
00:35:56Currently.
00:35:57Stand up.
00:35:58You look like a nice young man.
00:35:59Where do you go to school?
00:36:01Cal Poly Pomona.
00:36:02And who pays the tuition?
00:36:04I do.
00:36:05Now, what's your first name?
00:36:06Alex.
00:36:07Now, Alex, you do know that if you got expelled from college for cheating in the middle of
00:36:14a semester, you wouldn't get your tuition back for that semester.
00:36:17You do know that.
00:36:18Correct.
00:36:19Okay.
00:36:19That's all I want to know.
00:36:20Well, that's what we're dealing with here.
00:36:21Could I add something?
00:36:22Sure.
00:36:23Well, according to their honesty policy, they made a clear difference between dismissal and
00:36:28expulsion.
00:36:28I'm going to look at it, okay?
00:36:30Okay.
00:36:37Okay.
00:36:37So what you gave me now acknowledges that you received the refund policy.
00:36:45Thank you very much because she wasn't able to prove that she gave it to you.
00:36:48But now you gave it to me.
00:36:50So I know you were given the refund policy when you enrolled your son in school.
00:36:55So we weren't given, but it's something they have it on their website.
00:36:58Just a second.
00:36:59Well, then you look.
00:37:00You don't have to sign.
00:37:01Then you looked at the website.
00:37:02You gave me this.
00:37:03Do you understand?
00:37:05That's what I mean legally.
00:37:06I went and tried to understand what happened.
00:37:07Well, you should have done it before.
00:37:09You were perfectly capable of doing it before.
00:37:11When I signed a contract, I signed and I explained everything.
00:37:14You just told me five minutes ago that you didn't sign any contract.
00:37:17Well, now you acknowledge that you signed the contract.
00:37:20I'm just reading this that you gave me.
00:37:22A contract has to be a complete contract.
00:37:24Just a second.
00:37:25For somebody who's, you know, not here, not from this country and doesn't understand things,
00:37:30you seem to understand things very well.
00:37:32I know the contract has to be completed.
00:37:35Well, that's very good.
00:37:36A lot of people don't know that.
00:37:37So if I give a contract for a statement, then I say, oh, go in my website to read about our refund policy.
00:37:44That's not part of the contract.
00:37:45That's the rules, no?
00:37:46I didn't sign refund policy.
00:37:49You don't have to sign a refund policy.
00:37:50You just have to be aware of it.
00:37:52If I don't know how to get into website or don't.
00:37:54You gave me the evidence.
00:37:56But this was done after everything done.
00:37:58I'm not sure.
00:37:58You were certainly aware of how to do it, either before or after.
00:38:03When I sign contract with someone, I disclose everything and the initial and they get copies.
00:38:08I get copies and that's a legal bonding contract.
00:38:11Good.
00:38:11But what school did you go to?
00:38:12None.
00:38:14Well, there are two things here.
00:38:16But the final piece here says the consequence for academic dishonesty or plagiarism is a score of zero on the assignment and possibly dismissal from the class.
00:38:31So your son did that in the first semester at least twice.
00:38:36Repeated dishonesty can result in suspension or expulsion.
00:38:41Now, now you can stand up because your father says he doesn't understand everything.
00:38:44I think he understands everything just fine.
00:38:47But in case he wants to have you there.
00:38:49Now, when you were discussing this with your father, did you have any conversation with him that suggested to him that, you know, if I went to college and I cheated three times or four times and plagiarized a paper and I was kicked out of school, I wouldn't get my tuition back.
00:39:04Did you tell him that?
00:39:06No, we had similar talks, but no, nothing on the school.
00:39:12We talked about, for instance, the signing contract for, let's say, a one-year lease agreement to live somewhere.
00:39:17But if you breach the contract and they decide to kick you out, it's the same thing as an expulsion.
00:39:22You're not required to finish the one-year contract with them.
00:39:24You don't have to continue paying.
00:39:25What are you kidding?
00:39:27I am not.
00:39:28If you get evicted from a property, do you have to continue paying the entire year's lease?
00:39:33Yeah.
00:39:34If you breach a lease, he or she can evict you.
00:39:38And yes, you will be responsible for the remainder of the lease.
00:39:41Oh, I wasn't aware of that.
00:39:42Yes, you will be responsible for the remainder of the lease.
00:39:46You have to understand, and your father has to understand, the reason that he was expelled is his fault.
00:39:52And the reason he was expelled had nothing to do with them.
00:39:56It had to do with your father, because you were put on notice that he was plagiarizing and cheating on tests.
00:40:05If what you're suggesting is the three times that your son was caught cheating were the only times he cheated...
00:40:15He threatened her with a gun.
00:40:17And when he's reacted that way, did you ever say anything to him?
00:40:20It was minimal. I didn't respond to it.
00:40:23Really? Okay, good.
00:40:24When my husband gets involved in one of those road rage things because somebody cuts him off,
00:40:29I'm all over him, like, right on rice.
00:40:32Are you crazy putting me in jeopardy because you got a bad temper?
00:40:38That's what I say to my husband.
00:40:40She can attest to that.
00:40:42Me, I once said to a police officer who pulled him over,
00:40:45give him a ticket!
00:40:47Give him two tickets!
00:40:49Maybe he'll stop!
00:40:52Right?
00:40:52True.
00:40:53So now you're involved in a road rage, hissy fit, and you're tailgating her.
00:40:58How many blocks did you tail her?
00:41:00Or how many miles did you tail her?
00:41:02Don't look as if you don't understand my question.
00:41:04No.
00:41:05Okay, good.
00:41:06Three quarters of a mile, if that.
00:41:08Okay, well, that's a pretty long way, three quarters of a mile.
00:41:11So you were tailing her for three quarters of a mile,
00:41:14and at some point, did she make a turn with her car to avoid you tailing her?
00:41:20Yes.
00:41:20A 90-degree turn?
00:41:22Yes.
00:41:22So tell me, now you're following her for three quarters of a mile,
00:41:25and she makes this turn?
00:41:27Yes.
00:41:28Now, when she made that sharp turn, did you follow her?
00:41:31Nope.
00:41:31No.
00:41:32No.
00:41:33No, no, no.
00:41:33I know you didn't follow her because she made that turn to get away from you.
00:41:39Do you understand?
00:41:40I've been on this earth a very long time.
00:41:43You, Mr. Parkinson, are an ordinary guy with a bad temper.
00:41:48So I've played this scene in my head, both from personal experience and from watching other jerks like you,
00:41:55in my head a hundred times.
00:41:57So when she made this turn, she made the turn to get away from you,
00:42:02and you said, well, I accomplished my mission.
00:42:04I jarred her a little bit.
00:42:06That's if I believe your story, all of it.
00:42:08And you went home.
00:42:09Now, I'm to the point where she makes the turn, and you went home.
00:42:14So far, correct?
00:42:15That is correct.
00:42:16Does that look familiar to you, Mr. Parkinson?
00:42:19Yes, it does.
00:42:20Okay.
00:42:20So I would like you to walk over there, show me where the gas station is,
00:42:24and show me where you started to follow her.
00:42:27I'll be more than happy to.
00:42:30Of course, it says shell right here.
00:42:32That's where the incident began.
00:42:33Right.
00:42:33She pulled out a medium flame, causing me to hit my brakes.
00:42:36Just a second.
00:42:36So she caused you to hit your brakes.
00:42:38Yes.
00:42:38And then she turned right.
00:42:40I followed her into the village.
00:42:41Everybody gets close.
00:42:42No, no, no.
00:42:43Just show me.
00:42:44I followed her into the village, and show me where you proceeded.
00:42:47Then we drove down, and she turned, I believe, here or here.
00:42:50Turned how?
00:42:51To the right.
00:42:52Okay.
00:42:53And you proceeded to your house?
00:42:54Yes.
00:42:55Okay.
00:42:55Now you can step back.
00:42:59So she turned off to get away from the maniac who was tailgating her
00:43:03because she had made a mistake in pulling out in front of him at a gas station.
00:43:09You go home, and what do you do when you get home?
00:43:12I packed my truck in.
00:43:13And?
00:43:14Then what did you do?
00:43:15I got out of my truck to move the tools and stuff that had shifted to the front of the bed
00:43:20to the back of the bed where I can get to them better for work
00:43:24because I had to slam on the brakes twice.
00:43:27Mr. Parkinson, do you know what doesn't make sense to me?
00:43:30Your husband isn't a stupid man, is he?
00:43:33No, ma'am.
00:43:33No.
00:43:34Now, I don't drive a truck, but I know when I go to the store and buy two gallons of chicken soup
00:43:40with matzo balls, and I go to put them in the car, I say to myself, Judy, it's possible
00:43:46that you're going to have to stop short, that a light's going to turn red.
00:43:50So I put the chicken soup in between the front seat and the back seat of the car, and I move
00:43:57the seat so it's stable, so that if my car stops a little short, because even if it stops
00:44:03a little short, my chicken soup would be on the floor of the car.
00:44:06So I make sure that it doesn't move.
00:44:08It just doesn't make sense to me why you wouldn't secure this toolbox any better.
00:44:12If you stop short, those tools are naturally going to move, right?
00:44:15The weight of the tools is actually going to move.
00:44:17Okay, so I just am putting this whole thing in my head.
00:44:20Do you need a permit to buy a gun in Arkansas?
00:44:24You do not have to have a permit to carry in Arkansas.
00:44:27It is an open carry state.
00:44:27But you have to make an application.
00:44:29You have to apply to buy a handgun or long rifle.
00:44:33Have you ever done that?
00:44:35Yes, I have, multiple times.
00:44:36Oh, just a second.
00:44:37So the answer is yes.
00:44:38Yes.
00:44:39What have you applied to buy?
00:44:41Numerous guns.
00:44:42Which you still have?
00:44:43Yes.
00:44:44I assume that you keep those guns within the proximity of your home.
00:44:48They are all kept in the house, Your Honor.
00:44:50The next thing, according to you, the police show up at your door.
00:44:54That is correct.
00:44:54And they have a conversation with you about a report.
00:44:57Yes, they did.
00:44:58That someone has, in your area, has complained that there were shots fired by you out of your truck during this road rage incident.
00:45:09That's what the statement says.
00:45:10That's what the statement says.
00:45:12And I assume that the police searched the truck.
00:45:16The police searched me.
00:45:18Did they search the truck?
00:45:19I gave the police the authority to search my truck willingly.
00:45:25They searched the truck.
00:45:27I told them they could.
00:45:29Mr. Parkinson, I know that you think that I'm stupid.
00:45:32I know that you must think that I'm stupid.
00:45:35Did you give the police permission to search your house?
00:45:38The answer is yes or no.
00:45:39No.
00:45:40Of course not.
00:45:41Because in your house, they would have found multiple guns.
00:45:44Correct.
00:45:44In your house.
00:45:45Just that's a yes or a no.
00:45:47In your house, they would have found multiple guns.
00:45:51Yes.
00:45:51You keep multiple guns in your house, but don't carry one around for protection.
00:45:56In your truck, when did they arrest you?
00:45:59I was arrested on August 2nd.
00:46:03Okay.
00:46:03And?
00:46:04I was told to call the Village Police Department.
00:46:07I promptly called them, and they told me I had a warrant for my arrest.
00:46:10And?
00:46:10I was very shocked.
00:46:12And?
00:46:12And I was charged with felony assault, and I had to pay $1,080 to bond and fees to get
00:46:19out of jail.
00:46:20And?
00:46:21I was released from jail.
00:46:22And then on the 17th, is that correct?
00:46:2619th.
00:46:27The 19th of August, I had a court date.
00:46:30And?
00:46:31It was Noel Prost.
00:46:32Due to the request of the Village Police Department for lack of evidence.
00:46:36Okay.
00:46:37And?
00:46:37So, I'm out that amount of money for a bond for a false arrest because it's a false
00:46:43statement and half a day of work.
00:46:44Okay.
00:46:44We're going to find out if it's a false statement.
00:46:46So far, I'm not thinking it's a false statement.
00:46:48I have to let that sink into you, Mr. Parkinson.
00:46:51So far, I'm not thinking it's a false statement.
00:46:53I'm going to hear the defendant.
00:46:55I know one thing for certain.
00:46:57You were involved in a road rage incident, and you were the perpetrator.
00:47:00Whether or not you flashed a gun, she's going to tell me.
00:47:04We certainly know that you have guns, according to you, multiple guns, in your house.
00:47:09I suppose you have a couple for you and a couple for your wife.
00:47:12Who else lives in your house with you?
00:47:13Just the two of us.
00:47:14Just the two of you.
00:47:15How many guns does he have in the house?
00:47:20So when I go around this one S car, I hear a pop.
00:47:23And I'm like, oh my God, he just shot at us.
00:47:25I said, call 911.
00:47:26When I start coming back down again, I look in my passenger mirror.
00:47:30I saw the spark.
00:47:32I saw it.
00:47:32I'll never forget it.
00:47:33Jenny Spencer versus Jenny.
00:47:36You're welcome.
00:47:36Ms. Spencer, are you related to Mr. Jennings?
00:47:39I am.
00:47:40How?
00:47:41He's my cousin.
00:47:42How?
00:47:43On our dad's side.
00:47:44So his father and my father.
00:47:47That's how we're related.
00:47:49How were they related?
00:47:50So his dad and my father are pretty close in age, but they are cousins themselves.
00:47:58But my dad is pretty young, so they're close.
00:48:02My dad and his father are close in age, so they were more like brothers.
00:48:05I still don't understand.
00:48:06My father and his father were first cousins, but I was raised by my grandparents.
00:48:10So that's why we're close.
00:48:12Okay.
00:48:12So your fathers were first cousins?
00:48:14Yes.
00:48:15Okay.
00:48:15Your mother passed away?
00:48:17Yes, ma'am.
00:48:17When?
00:48:18Mother's Day on 2020.
00:48:19Were you close to your mother?
00:48:21I was very close.
00:48:22Did you live together?
00:48:23I was taking care of her for eight years while she was...
00:48:26So you were living with her?
00:48:27Yes, ma'am.
00:48:28How old was she when she passed away?
00:48:2958.
00:48:30What did she pass away from?
00:48:31Her arteries had blockage.
00:48:33She had surgery twice, and they couldn't do a third surgery.
00:48:36Plus she had three strokes.
00:48:37When you were taking care of your mother, was that a full-time responsibility?
00:48:41Full-time.
00:48:41She had a colostomy bag, and plus she was in a walker before she had the strokes.
00:48:46Was it just you and your mother living together?
00:48:48Yes, ma'am.
00:48:48Was it in her home?
00:48:50It was in my home.
00:48:51In your home?
00:48:51Yes, ma'am.
00:48:52Was that an apartment?
00:48:53It was a house.
00:48:55That you rented?
00:48:56Yes, ma'am.
00:48:56How did you and your mother support yourself?
00:48:58I'm an RF technician, so I worked when I could be away from home, but when she got real bad
00:49:04sick where she couldn't even walk, I couldn't even work, so I couldn't even go out of town.
00:49:08So I work on the road a lot.
00:49:09And she gets a disability check, which is about $1,800, which wasn't much at all for us
00:49:15to survive.
00:49:16Are you back at work now?
00:49:17Yes, ma'am.
00:49:18Who are you working for?
00:49:19Myself.
00:49:20I'm a contractor, Extreme Communications.
00:49:22When your mother passed away, Mr. Jennings, are you an only child?
00:49:27Yes, ma'am.
00:49:27She passed away in the hospital?
00:49:29Yes, ma'am.
00:49:29At that time, you didn't have money for her funeral arrangements?
00:49:33No, ma'am.
00:49:33And you didn't have the funds to even take her body out of the hospital?
00:49:37No, ma'am.
00:49:38So what did you do?
00:49:39Well, I thought I had insurance settlement, and I was going to take care of that, because
00:49:43she did have two burial plots.
00:49:44But when we went to...
00:49:45Who's we?
00:49:46Me and Angela.
00:49:47Who is Angela?
00:49:48She's my fiancée.
00:49:49But when we went up there to...
00:49:51We've got two burial plots.
00:49:52When we went there to turn those in mortuary, they added on $10,000 or $15,000 to actually
00:49:59bury her.
00:49:59And I was unable to do that, because her insurance had lapsed two or three months.
00:50:04So you didn't have money to take care of your mother's funeral expenses?
00:50:07I did not.
00:50:07Do you want to tell me how the plaintiff got involved with that?
00:50:11I told Tracy exactly what...
00:50:13Yes.
00:50:13At some point, your mother passed away on Mother's Day in 2020.
00:50:17Yes, ma'am.
00:50:18Did you contact Ms. Spencer, or did she contact you?
00:50:21She contacted me.
00:50:22When?
00:50:23During the process of me suffering, because I didn't have the cash to front my mother's
00:50:28funeral.
00:50:28Well, you know, it's hard for me to ask the question, how did she know about that?
00:50:32Yes, ma'am.
00:50:33But were there other relatives?
00:50:34I was posting things on Facebook.
00:50:37Okay.
00:50:37So what did you post on Facebook?
00:50:39That I was trying to do a GoFundMe to help with my mother's funeral.
00:50:43And how much after she died did you post something on Facebook?
00:50:47Nothing much, not at all.
00:50:49A day, two days, five...
00:50:50Oh, about three or four days after.
00:50:53Did you see that?
00:50:54Is that why you contacted him?
00:50:55That is not why I contacted him.
00:50:57Okay.
00:50:57So why don't you tell me why...
00:50:59That's not what you said in your papers, so I'm curious.
00:51:03Why did you contact him?
00:51:04As he said, his mother had been sick for quite some time, so her death wasn't completely
00:51:09unexpected.
00:51:10We had been following her progression on Facebook, and Chris is correct.
00:51:15He had been taking care of his mother.
00:51:17They were very close.
00:51:18But when the family saw on Facebook that she had passed, nothing got posted about funeral
00:51:24arrangements.
00:51:25And some of the members of my family who were not on Facebook contacted me and said...
00:51:31Don't tell me what they said to you.
00:51:33I'm sorry.
00:51:33So you were contacted by members of your family.
00:51:36Correct.
00:51:36That are not on Facebook.
00:51:37Okay.
00:51:38Asking about care...
00:51:39Don't tell me what they asked.
00:51:40I'm sorry.
00:51:41As a result of those conversations, did you contact him?
00:51:44Eventually.
00:51:45I did not contact him immediately because I just didn't feel like it was the right time.
00:51:49I knew...
00:51:49When?
00:51:50Was it in June?
00:51:51So it was right after her passing.
00:51:54I contacted his stepbrother and stepsister first because when I had not seen anything
00:52:00for three days about funeral arrangements, rather than calling Chris, who I knew would
00:52:06have his hands full handling matters, I actually contacted his stepbrother and stepsister and
00:52:12I said, do you know anything about funeral arrangements?
00:52:15Nobody did.
00:52:16And so they didn't know anything and suggested that I reach out to Chris.
00:52:21I said, well, I hate to do that.
00:52:22This is a really bad time, but I did it anyway.
00:52:24And so I called Chris and I said, Chris, I'm sorry to bother you.
00:52:28I know you're going through a lot, but some people are asking me about your mother's arrangements
00:52:33and I don't know what to tell them.
00:52:34It's been several days.
00:52:36Have you picked out a mortuary?
00:52:37And he started crying immediately.
00:52:41Understandably so.
00:52:42He said, Tracy, I'll be honest with you.
00:52:44I don't even have the money to get her out of the hospital.
00:52:48He said, it's going to cost $500 to get her out.
00:52:51I said, okay.
00:52:52And I believed without a shadow of a doubt that he truly didn't have the money because
00:52:58they had a very tight relationship.
00:53:00So there was no question in my mind if he had the $500 to get her out, he would have.
00:53:04I said, Chris, it's okay.
00:53:06I'll loan you the money.
00:53:07I'll call the hospital.
00:53:09I'll take care of it.
00:53:10Just calm down.
00:53:11And so we hung up.
00:53:13I called the hospital and I told them, I said, I'm not next of kin, but I'm going to
00:53:17take care of this matter on behalf of my cousin.
00:53:20So here's my credit card for $500.
00:53:23And the morgue told me that I couldn't pay $500, that that was only their portion of having
00:53:31her body released from the morgue, that they could only send her body to a funeral home.
00:53:37They have to send it someplace.
00:53:38If they're releasing it, they have to send it someplace.
00:53:40Correct.
00:53:40They said that she had been there for so long that she needed to go within the next day
00:53:45because they can only stay there for five days.
00:53:48Got it.
00:53:49Sorry.
00:53:49Okay.
00:53:50So they said she needs to go now.
00:53:52And if you don't come get her or have a funeral home come get her, we're going to have to send
00:53:57her to Spartanburg County and they're going to be in charge of her remains.
00:54:01And the next of kin is at risk of being arrested for abandonment.
00:54:04And so I freaked out.
00:54:05I called Chris back.
00:54:07I said, Chris, I said, it's not $500.
00:54:09I said, they're not going to let us get her.
00:54:13And do you know you're close to being arrested?
00:54:16And, you know, I felt really bad about that.
00:54:19Where do you live?
00:54:20Spartanburg, South Carolina.
00:54:22Just take a look and see if you can find out next of kin responsibility.
00:54:27I'm surprised that you were given that information from the hospital.
00:54:30I may be wrong.
00:54:31So I called Chris and I said, the morgue is not going to let us get her body without a
00:54:38funeral home.
00:54:38Do you have a funeral home picked out?
00:54:41And I think at that time he said he didn't.
00:54:43And so he made some phone calls.
00:54:45Chris did.
00:54:45And then he called me back and he said, I found a mortuary.
00:54:49And so the mortuary that he selected was the one that ended up taking care of her remains.
00:54:55And so instead of me loaning him $500 to get her released from the hospital, I ended up
00:55:03getting stuck with $1,500 because I had to pay the mortuary.
00:55:07Okay.
00:55:07He found a mortuary.
00:55:09Yes, ma'am.
00:55:10When you called the mortuary, did they tell you what it would cost?
00:55:13I didn't call the mortuary to find out anything about that.
00:55:16She did.
00:55:17She agreed to pay everything.
00:55:19No, just a second.
00:55:20I'm not getting there.
00:55:21Yes, ma'am.
00:55:21I'm not there yet.
00:55:22Yes, ma'am.
00:55:23So the question is, did you call the mortuary?
00:55:25I called them to see if they could take care of my mother.
00:55:28That's what I asked you.
00:55:29I said, did you call the mortuary?
00:55:31Yes, ma'am.
00:55:32And after you spoke to the mortuary, you called the plaintiff back.
00:55:36Sure did.
00:55:37Okay.
00:55:37When you called the mortuary and she had already told you it would be $500 to get your mother's
00:55:44remains from the morgue, but then you had to take her remains someplace.
00:55:49You couldn't take them in your car.
00:55:51Right.
00:55:51They had to go someplace.
00:55:53Yes, ma'am.
00:55:53And common sense would suggest that you would ask what their cost was, what their fee was.
00:56:00Mm-hmm.
00:56:01Mm-hmm.
00:56:01It's not an answer.
00:56:02For a cremation.
00:56:03For whatever.
00:56:04And they told you it was how much?
00:56:06They told me for the cremation, it was about $1,500 for a cremation.
00:56:10Okay.
00:56:10And then you called your cousin back.
00:56:12Yes.
00:56:13And let me hear the conversation as you recall it between yourself and your cousin.
00:56:19Okay.
00:56:19I called her back and told her that I didn't have the money to take care of that.
00:56:23And she goes, don't worry about it, Chris.
00:56:24I'll take care of it.
00:56:26Okay.
00:56:26That's exactly what was said.
00:56:27Now, was that before or after you set up a GoFundMe page?
00:56:31That was before.
00:56:32So she took care of the bill?
00:56:34Yes.
00:56:34So this was five days after your mother's death?
00:56:37No, the dope.
00:56:38Shh.
00:56:38Yeah.
00:56:39You said it was after.
00:56:41Mm-hmm.
00:56:41So it was five or six days before your mother's body was taken to the funeral home for the purposes of cremation.
00:56:48How many days after that did you start a GoFundMe page?
00:56:52A couple days.
00:56:53Two days.
00:56:54And what was the language in the GoFundMe page?
00:56:57To help take care of my mother's funeral.
00:56:59Well.
00:57:00And it's...
00:57:01Well, shh.
00:57:01Mr. Jennings, if what you just said to me previously was, read back to me, Whitney, what Mr. Jennings said about the conversation that he had with her.
00:57:13It started with, don't worry about it.
00:57:16He said, okay, I called her back and told her that I didn't have the money to take care of that.
00:57:20She said, don't worry about it, Chris.
00:57:21I'll take care of it.
00:57:22That's exactly what was said.
00:57:24Okay.
00:57:24Good.
00:57:25So if she said she would take care of it, why would you post an outcry for money from strangers?
00:57:31To bury your mother.
00:57:33To go during the process of getting that money is exactly what...
00:57:37No, no, no, no, no, no, no, no, no, no, no, no.
00:57:39Let's follow what you said, Mr. Jennings.
00:57:41What you told me was that you had the conversation.
00:57:45Mm-hmm.
00:57:46She took care of the bill.
00:57:48Two or three days later, you started a GoFundMe page for your mother's funeral expenses.
00:57:54Is that not what he said?
00:57:56Yes.
00:57:56If it was a gift to you, I'm not understanding why you would start a GoFundMe page.
00:58:04It's because it wasn't taken care of within two or three days, ma'am.
00:58:08What do you mean it wasn't taken care of?
00:58:09She didn't pay the bill within two or three days is the thing.
00:58:12That's the reason I did that.
00:58:14Well, they wouldn't release the...
00:58:15For backup.
00:58:16They wouldn't release the body unless they got paid with a credit card.
00:58:20I understand that, but I was trying to have backup.
00:58:21Just a second.
00:58:22A backup for what?
00:58:23Just in case you didn't call through.
00:58:25Hey, Mr. Jennings, now you're getting cute with me.
00:58:27No, ma'am.
00:58:28Now you're getting cute with me.
00:58:30And later today...
00:58:32He said to you...
00:58:33I need to borrow $2,300.
00:58:36And you said to him...
00:58:37Why can't you...
00:58:38Oh, fund me, Paige.
00:58:40Okay.
00:58:41And don't raise your hand.
00:58:43And how much money did you receive from this GoFundMe page?
00:58:48About $200.
00:58:49Okay.
00:58:50And you received $200 within what period of time?
00:58:53Within probably three weeks.
00:58:55How much of that $200 did you give to Ms. Spencer?
00:58:58Zero.
00:58:59And your total cost was $1,500.
00:59:01Is that correct?
00:59:02Judgment for the plaintiff in the amount of $1,500.
00:59:05This court is adjourned.
00:59:08Well, I'm very pleased that she saw what really did happen.
00:59:12I think everything went exactly as planned.
00:59:15I tried to step up in a time of desperation and an emergency situation, and look where it got me.
00:59:22Everything's fine.
00:59:22I think we'll be able to move past.
00:59:25I mean, at the end of the day, he's still my cousin, he's still my blood, and I'm always going to love him.
00:59:29I actually didn't need the answer to that question that I threw out at you with regard to whether a child is responsible for the remains of their parent.
00:59:39Because it was just clear.
00:59:41You know, when you get them to do a timeline for you.
00:59:44A lot of stuff unravels.
00:59:45It all unraveled.
00:59:46Because what was the reason for starting a GoFundMe page if, as he alleged in his answer, she volunteered to pay for the funeral unless he felt an obligation?
00:59:57Now, the obligation had to be as a result of that conversation, that he would start a GoFundMe page.
01:00:03Anyway, unfortunate that she seemed like a very nice lady, very responsible, and she was very caring towards him.
01:00:08Yeah.
01:00:09Shouldn't have ended up here.
01:00:10Case number 2010, Hickman v. Vensloff.
01:00:13All parties, please step forward.
01:00:15Vanessa Hickman is suing her trainer, Dylan Vensloff, for an unpaid loan.
01:00:21Ms. Hickman, your case is relatively simple.
01:00:24You claim that you made a loan to the defendant, who was your personal trainer, when he said he was in a financial bind and he needed rent money, and he made the loan.
01:00:33And he paid some.
01:00:34His wife paid some.
01:00:36Correct.
01:00:37He made a couple of payments, but there is still a substantial balance.
01:00:40Correct.
01:00:41Mr. Zensloff said that this was not a loan, but prepayment for his training services, and that you sort of backed out of the training slash nutrition program, so that's your problem.
01:00:53You lose your money.
01:00:55That's your defense, right?
01:00:57Yes.
01:00:57Just curious, before I get started with this case, how much do you get per hour for personal training?
01:01:04No, don't look over there.
01:01:05I want you to know that I know all about this.
01:01:08Everybody that I know, except me, has a personal trainer.
01:01:12I work out every day.
01:01:13I don't take instruction well, so I don't have a personal trainer.
01:01:17I have a husband who had a personal trainer.
01:01:19All my friends have personal trainers.
01:01:21So now I want you to answer my question, unless there's something extraordinary about you, which there is not.
01:01:27How much do you get per hour for personal training?
01:01:30$75.
01:01:31That's a reasonable figure.
01:01:32Just informational purposes.
01:01:35How much money did you take from Ms. Hickman?
01:01:38How much money did I take?
01:01:39Yes, how much money did you take from me?
01:01:41I haven't decided what it's for, but money exchanged between you, she has proof of how much it was, and you.
01:01:47How much money?
01:01:48I believe it was $2,300.
01:01:51Is that right?
01:01:51Correct.
01:01:52And on what date did she give you $2,300?
01:01:55I believe sometime at the end of last year, or it was close to the beginning of this year, somewhere along that time.
01:02:02Date?
01:02:02November 22nd, 2021.
01:02:04And at that time, how long had you been training her?
01:02:07Since when?
01:02:08When did you start with her as a client?
01:02:10I think like the beginning of summer last year, so I'd say...
01:02:13Date?
01:02:13July, 2021.
01:02:15Beginning, middle, or end?
01:02:16Beginning.
01:02:17July, August, September, October.
01:02:20So you had been training her for four months?
01:02:22Yes, ma'am.
01:02:23Up until November 22nd, how much money had she given you for training?
01:02:28Did she pay you by the week?
01:02:29Did she pay you by the month?
01:02:30How did she pay you?
01:02:32Up front, first, monthly.
01:02:34Okay, in July?
01:02:35Yep.
01:02:35Not yup, that's not yup.
01:02:37Yes, ma'am.
01:02:37Yup, you say to your friends or to your wife.
01:02:39So in July, when you started, she gave you how much?
01:02:43$500.
01:02:44For the month of July?
01:02:46Yes, ma'am.
01:02:46The month of August, how much did she give you?
01:02:48$500.
01:02:49Is that correct?
01:02:50Correct.
01:02:51September?
01:02:51Same amount, ma'am.
01:02:52$500.
01:02:53October?
01:02:54Same amount.
01:02:55November?
01:02:56Same amount.
01:02:57Beginning of November?
01:02:58Yeah.
01:02:58Yeah is not an answer.
01:03:00The beginning of November, did she give you $500?
01:03:03No, because that's when we had the agreement.
01:03:05No, no, no.
01:03:05Don't give me agreement nonsense.
01:03:07The beginning of July, she gave you $500.
01:03:09Yep, yep.
01:03:09Beginning of August, she gave you $500.
01:03:12Beginning of September, she gave you $500.
01:03:15The beginning of October, she gave you $500.
01:03:18How much did she give you in the beginning of November?
01:03:22This $2,300 was not paid until November 22nd.
01:03:26How much did she give you the beginning of November?
01:03:29Then it must have been $500.
01:03:30Is that correct?
01:03:31Correct.
01:03:31So now she has given you $2,500 for five months.
01:03:37She's given you $2,500.
01:03:39Yes, ma'am.
01:03:40Great.
01:03:41Now I want you to tell me what happened in November after you gave them the $2,500.
01:03:45So we agreed to $100 monthly payments.
01:03:49This is in November?
01:03:50November, after we signed the agreement.
01:03:52What agreement?
01:03:52The agreement was the...
01:03:54No, I want to see the agreement.
01:03:55Don't tell me what it was.
01:03:56I'd like to see it.
01:04:07Who wrote this?
01:04:09I did.
01:04:09Well, I don't actually understand it.
01:04:11It says I, Mr. Vensloff, hereby accept $2,300 from my client, Vanessa Hickman, in trade and paid in advance for training.
01:04:23This will cover meal plans, planned workouts, in-person training, check-ins and virtual check-ins from November 22, 2021 to May 15, or one month of training and payment plans of no less than $100 a month starting 12-22-21.
01:04:45One, I agree to pay back the full amount in 12 months.
01:04:49I actually don't understand what that means.
01:04:51Because you agree to pay back the full amount in 12 months by paying her no less than $100 a month starting December 2021.
01:05:02First part says you're accepting this $2,300 from your client in trade and paid in advance for training, but that you will pay her $100 a month and be finished paying her in 12 months by 11-22-2022.
01:05:17Okay. So, you wrote this up.
01:05:20Yes.
01:05:21I don't understand it, because it doesn't make sense.
01:05:24Of course.
01:05:24So, there had to be a reason why you picked this $2,300.
01:05:28He's been training you July, August, September, October, and November.
01:05:32You paid him $500 each month, or about $120 a week.
01:05:37And all of a sudden, there's a $2,300.
01:05:39What? Is there something that I said funny?
01:05:43All of a sudden, there's $2,300.
01:05:45Tell me how the $2,300 came about.
01:05:48So, over the course of those months, we became good friends.
01:05:51I see him three times a week.
01:05:53We get to know each other, talk, open up, and we're very friendly with each other.
01:05:57He opened up about me, about having financial hardships.
01:06:00No, he'd opened up.
01:06:01He said to you.
01:06:03Yeah, he said to me, I need to borrow $2,300.
01:06:06And you said to him?
01:06:08Why can't you ask anybody else?
01:06:10And he said to you?
01:06:11And his girlfriend's father, if he were to ask him, he would pry and find out that he was addicted to cocaine.
01:06:19That's what he told you?
01:06:20Correct.
01:06:20And what did you say to him?
01:06:22Oh, okay.
01:06:23So, if I give you this money, we're going to write an agreement to cover me in case you don't pay me back.
01:06:30And what did he say?
01:06:30Okay, and that day on November 22nd, we wrote out the agreement.
01:06:35No, you wrote the agreement.
01:06:36Absolutely.
01:06:36I wrote it down, and he gave me a photo of his driver's license that day, and...
01:06:42You have a copy of that driver's license?
01:06:43Christopher is countersuing Brandons for wrongfully claiming their daughter on her taxes.
01:06:49You've claimed the child as a deduction on your tax returns?
01:06:52Yes, Your Honor.
01:06:53You had no right to do that, I don't think.
01:06:55Lexi, tell me what the IRS says about claiming a child as a dependent.
01:07:01It's the custodial parent, which is the one that the child has lived with a greater number of nights during the year.
01:07:06So, so far, he's the custodial parent.
01:07:08Do you work?
01:07:09Right now, I'm disabled.
01:07:11So, you get disability.
01:07:12How much?
01:07:12No, ma'am.
01:07:13I'm still waiting on that.
01:07:14Who do you live with?
01:07:14Right now, I live with my uncle.
01:07:16And your daughter lives with you?
01:07:17Yes, ma'am.
01:07:18So, who's supporting you?
01:07:19Right now, I'm running out of funds, but I've been supporting us both, me and my daughter.
01:07:23Okay.
01:07:24Lexi, does it say how much the deduction is?
01:07:27Not on this side, it doesn't, but I can check.
01:07:29Yeah.
01:07:29I think it's $2,500, but I'm not sure.
01:07:32Wiley's looking that up.
01:07:33Ms. Priar, what made you think that you could claim this child as a deduction on your tax returns?
01:07:38There was not a custody agreement at the time, and I was trying to get her full time.
01:07:43I would be trying to fix a lot of things, including the fact that I'm short and my roots grow out much sooner than I would like them to grow out, but that doesn't mean that it happens.
01:07:58Do you understand?
01:07:59Yes, Your Honor.
01:08:00I'm trying.
01:08:01I won.
01:08:01I was thinking.
01:08:02So, you understood when you claimed her as a deduction on your tax returns that it was the wrong thing to do.
01:08:11You were not supporting her and she was not in your custody.
01:08:14I did do some research on it, and so, but since there wasn't a custody agreement, we would flip-flop each year.
01:08:21Who said flip-flop?
01:08:22Why would you flip-flop?
01:08:23You're neither supporting her or does she live with you?
01:08:26Why in the world would you think that you were entitled to claim her on your tax returns?
01:08:31You're right.
01:08:31Of course I'm right.
01:08:35Hustler.
01:08:37Lexi, you're going to give me a figure in a second.
01:08:39I'm going to move on.
01:08:40Okay?
01:08:41So, that's an easy for you, sir.
01:08:43You're going to get that money back.
01:08:45Your claim is that you had a truck that you took.
01:08:49It wasn't your truck.
01:08:50It was a truck that was either in both your names or in just his name that you took when you left in 2021.
01:08:57You want the title to it.
01:08:59Yes.
01:08:59Okay, so, in whose name is this truck?
01:09:03The title doesn't have a name?
01:09:05Title always has to have a name.
01:09:07Do you have the title to the truck?
01:09:08No, ma'am.
01:09:08It's in the broker's name still because $300 is still owed on it, which I didn't pay, so that way she couldn't get it.
01:09:12Well, that's a lien.
01:09:14That's usually a lien.
01:09:15Do you have a number?
01:09:16It's $2,000 per qualifying dependent.
01:09:19Okay, great.
01:09:20Now, when was the truck purchased?
01:09:22Purchased it in 2020, 21?
01:09:25It was 2020, Your Honor.
01:09:272020.
01:09:27Now, she took the truck with her when she left, is that?
01:09:31No, ma'am.
01:09:32When did she take the truck?
01:09:33She left in my Toyota 4Runner, was gone for two weeks, never called about our child or anything.
01:09:37That was in 2020?
01:09:39Mm-hmm.
01:09:39Or 2021?
01:09:40When she left.
01:09:41That was in 2021?
01:09:42Yes, ma'am.
01:09:43Okay, so she took the 4Runner.
01:09:45Yes, ma'am.
01:09:45So you had two cars.
01:09:46You had this truck and a 4Runner.
01:09:48Yes, ma'am.
01:09:49When you left in 2021, did you, yes or no, did you take the 4Runner?
01:09:55Yes.
01:09:56What happened to the 4Runner?
01:09:57I brought it back the next night, in the middle of the night, and I left the keys in the cup holder,
01:10:02because he had to be at work, even though I left.
01:10:05Just a second.
01:10:06So.
01:10:06Sorry.
01:10:07So you took the 4Runner when you left, and according to you, you brought it back, and then you took the truck.
01:10:17Yes.
01:10:17What did you take the 4Runner for to begin with?
01:10:20Because I had gone to a meeting that night before AA, and I went to a meeting, and they gave me support to leave him,
01:10:30because he was very emotionally.
01:10:31Would you please tell me what you took the 4Runner for?
01:10:34Because I went to the meeting in the 4Runner.
01:10:36That's an answer.
01:10:37And you left.
01:10:38Yes.
01:10:39You didn't go back.
01:10:40You just left in the 4Runner.
01:10:42Correct.
01:10:43On what date?
01:10:44June 27th, 2021.
01:10:46Now you want to tell me what happened to the 4Runner?
01:10:49Be very careful.
01:10:51Real careful.
01:10:53What happened to the 4Runner?
01:10:54Yes, Your Honor.
01:10:55Be very careful.
01:10:56Yes.
01:10:57Really careful.
01:10:59Okay.
01:10:59I returned it the next night, in the middle of the night.
01:11:02In the same condition as when you took the 4Runner?
01:11:05Yes.
01:11:05In the same condition as when you took it?
01:11:09Yes, Your Honor.
01:11:09You returned the 4Runner?
01:11:11Correct.
01:11:11And you took the truck?
01:11:13Yes, Your Honor.
01:11:14Why?
01:11:14Because I already had suitcases in the truck packed.
01:11:17Why didn't you just take the suitcases out of the truck and put them in the 4Runner?
01:11:22Because I drove the truck every day to work.
01:11:24He would drive the 4Runner, I would drive the truck.
01:11:27So that's why they were in there.
01:11:29But I took his car to the meeting.
01:11:31So you were planning...
01:11:32No.
01:11:34Yes.
01:11:35Yeah.
01:11:36So you were planning on leaving before you went to the meeting.
01:11:41If you packed your suitcases and left them in the truck and then went to your AA meeting and didn't return home,
01:11:51then you were planning on leaving him before you went to the meeting.
01:11:55Correct.
01:11:56I had him in there for about a month.
01:11:58Well, who was using the truck?
01:11:59Just you?
01:12:00Yes.
01:12:00Well, if just you were using the truck, I still am not understanding why you took the 4Runner.
01:12:07I'm not recalling that day either.
01:12:10I just went to my meeting and then...
01:12:12You're not recalling that?
01:12:14Right.
01:12:14I just remember...
01:12:15When she left, did she take the 4Runner?
01:12:17Yes, ma'am.
01:12:18And the truck had absolutely no suitcases or anything in it.
01:12:21Because I had just taken it to a mechanic several days before to have the...
01:12:24I think it was the engine block looked at.
01:12:26No, the radiator, excuse me.
01:12:27They were going to have to replace it.
01:12:28What happened to the 4Runner?
01:12:30She left in the 4Runner and two or three weeks later, not days,
01:12:34she brought it back at three or four in the morning.
01:12:37The valves were shot.
01:12:38Somebody had been running it hard all night.
01:12:40Basically, she drove it for, I don't know, two days, a week.
01:12:42I can't remember the amount of time, but she burned out the motor.
01:12:45She didn't put any oil in it or anything.
01:12:47Where is that car now?
01:12:48I ended up selling it for $500 because I couldn't really afford it.
01:12:514Runner.
01:12:52Okay.
01:12:52And she took the truck?
01:12:54Yes, ma'am.
01:12:54Okay.
01:12:55And you want the title to the truck?
01:12:57Yes, ma'am.
01:12:58You have the truck?
01:12:59Yes.
01:12:59Who bought the truck?
01:13:01We did.
01:13:01We bought two cars in 2020 with our stimulus checks.
01:13:05We bought a, I'm sorry, an F-150, the truck that I currently drive, and a Ford Escape that
01:13:11he wrecked during the freeze, and then he sold the Escape, bought the 4Runner, but he drove the 4Runner to work because his job was further than mine.
01:13:20So gas mileage, that's why I drove the truck.
01:13:23When you returned the 4Runner, was it the next day or was it weeks later?
01:13:27The next day.
01:13:28The next day.
01:13:28I have a witness.
01:13:29The fiancé?
01:13:30Yes, he was witness to all of it.
01:13:32I don't care what he has to say.
01:13:33I don't care what he says.
01:13:34Okay.
01:13:35If the plaintiff pays off the broker, which is what, $300 left, are you prepared to sign the title over to her?
01:13:47It's not her vehicle, so why would I want to sign my title over to her?
01:13:50I have text messages telling.
01:13:51The only reason she has the title, period, is I needed my daughter's birth certificate, which she refused my daughter to have.
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