- You moved into your sister's home? - Yes.
I honestly just want to be done with her.
No chance of a reconciliation?
No. This is the funeral of our relationship.
That's even worse.
This is Judy Justice.
Tiffany Nelson is suing her sister, Brandy Mata,
for property damage, harassment, and lost work.
Court come to order. All rise.
Have a seat everyone, please.
Here you are. Case number 2006, Nelson vs Mata.
- Thank you. - You're welcome.
- Miss Nelson, this is your sister? - Yes.
- How old are you? - I am 42.
43, almost 44.
Oh. So... are you the only two sisters?
We have some half-sisters, but yes.
But you're the only two full biological sisters?
Now, there came a time, Miss Mata, that you moved into your sister's home?
Yes.
- Is this a home that you own? - Yes. We built it.
In what year did you move into her home?
That would have been 2018.
Who else lives in the house from your family?
My disabled mother,
my husband, and my child.
So your mother lives there?
Yes. I take care of my mom.
Tell me why you moved into your sister's basement, Miss Mata.
In 2015, my oldest son was in a tornado
and suffered a severe brain injury.
So, when my sister Tiffany and her husband were looking for new houses,
they offered to build an apartment in their basement
so that we could live with them and get out of our mobile home.
So, when they built this house,
it was built with the intention of us living in the basement.
Is that correct?
Yes. But for a year, because I do take of my disabled mother,
and the intention was for her to be in the basement eventually
so that she doesn't have to use the stairs.
Was the original agreement with your sister
that it would not be a permanent move,
but one that would last for about a year?
It was agreed that it was not a permanent.
There was not a date set, though.
But it was agreed it was not a permanent. You did not have a written lease?
- Yes, we did. - We do have a lease.
You did? I'd like to see it.
We had a month-to-month lease that I have as well.
This is the current lease, that subsides the other lease.
Okay, initially a month-to-month lease.
In what month and year did you have her sign?
I have it right here. It's dated July 14th, 2018.
So this is a 6-month lease that ended January 31st.
- Correct. - Your rent was $800 a month.
Yes.
So this last lease was for your sister, her husband and two children?
- Correct. - I only ask that question
because if my reading of your complaint was correct,
you say that she moved her husband in without your consent.
So, when we first agreed to let her move in, in 2018,
she was divorcing,
and the agreement was that her and her two sons could move into the home.
He had nowhere to go, and she wanted him to move in.
- So, because I... - In what year was that?
That was still 2018.
- So that was still 2018? - Yeah, so we let...
- All right, so you... - ...we let him live there.
And since then, you've signed different leases with her
- with him on the property. - Correct.
Okay. So then you acquiesced to it.
When you were in the apartment, did you have pets?
I did. Uh-huh.
- How many pets did you have? - Four dogs.
But then subsequently, some had passed away,
so at the end, we only had two dogs.
Okay. Well, at the signing of this lease, you had six pets,
consisting of cats, dogs, and no other pets being allowed.
- - - Correct. - And you agreed,
regardless of ownership of the pets,
agreed to restore the property to its original condition
at your expense when you leave. Okay, good.
Because that's also part of what this is about.
Actually, most of what this is about.
Your Honor, they had three pets upon moveout.
They had just gotten a puppy, so they did have three pets
and two cats upon moveout.
Doesn't matter. Anybody who has six pets after three years,
the carpet needs to be replaced.
- Yes, ma'am. - Okay. Now...
Your sister began to move out when, in what month?
She moved out on the 1st of February, 2022.
- Pursuant to your agreement? - Correct.
And it is your claim that she left the premises
in a condition that required you to spend
close to $10,000 to put it back into shape.
$6,500.
- Okay. - For the basement damages.
I'd like to see the photographs of what it looked like,
because we know it was brand new when you moved in
because the house was just built.
So we know that it's new.
I also have photographs that I took the day we moved out.
Okay.
I'm going to give you these, and then I'm going to look at yours.
Okay.
Okay, so there's no question you have to replace the carpeting.
- - - Right. - You understand that?
- - - Yes. - Did you replace the carpeting?
- - - No, I had not had any contact from her. - Shh, just a sec.
Do you have a bill for the carpeting?
I replaced one room already, and I have that.
And then I have the estimate to replace the other carpet.
Okay. I'll take a look at that.
And that's the main thing that I see
in the apartment that has to be done, from these photographs. Okay.
Did you leave a lot of food in the refrigerator and all kinds of stuff?
- No. So, what happened was... - The answer is either yes or no.
Did you leave a whole lot of stuff in the refrigerator?
- No. - Anything in the freezer?
- No, there was no fridge or freezer. - And cabinets?
Do you leave anything in the cab--
I'm just looking because there's a picture here with a whole bunch of food.
- Right. I hadn't finished moving out. - My question...
But, yes, there was stuff there.
My question is, you were supposed to be out by February 1st.
On February 1st, was there food in the house?
- Yes. - Okay. It should have been moved.
Whether you moved out yet or not,
you were supposed to be out by February 1st.
Okay. I'd like to see those.
So you replaced the carpet in what room?
One of the bedrooms, so my Mom could move down there,
so she could not use stairs.
Sara, add these two figures up for me, please.
And I don't know what this is a photograph of.
So, the bags that were left in the home,
there was ice cream that was left in those bags,
and it had leaked on my flooring, and we moved it outside.
And that is the rotted food from the bags.
Okay. Do you know how that happened?
- I don't. I have not seen that. - Okay.
May see photographs, please, that you took on the day you moved out?
Yes.
I have that total, Judge.
$4,129.
$4,121?
29... and 21 cents.
- Thank you. - Mm-hmm.
Is this after the carpet was taken out?
Yes.
Kevin, can I please see the photographs that she took?
Actually, they're pretty much the same.
Not terrible. A lot of it is ordinary wear and tear, except for the carpet.
So that's $4,129.
The only other thing that I'm questioning is that I saw these rocks,
and I want somebody to explain these rocks to me.
So, because of the water level,
if you go out the downstairs patio, there's rocks there
to prevent the yard from sliding.
Getting wet.
So, some of the rocks were moved.
They're supposed to all go in a line.
And they go down and over,
so we have to pay a landscaper to come out and basically re-do that.
Well, how did that happen, do you know?
- They're pretty heavy rocks, so... - I don't know. Do you know?
Did you move the rocks?
No. You would need, like, a skid loader to move those rocks.
There's no physical way to move those...
- Where do you live? - ...with one person.
I live in far west Utah. Farm country.
Looks like there's water comes down through here?
Yes, we live across the street from a pond, as well.
We don't know how that happens. Now,
you have, in addition to your claim, which is for damage,
you feel it's necessary to go into these allegations
of harassment by your sister?
I honestly just want to be done with her
and not get threating text messages
and stuff on social media.
No chance of a reconciliation?
- You lived together for awhile. - Not on my end.
- I've blocked her from everything. - For a long time?
Yeah.
Miss Mata, your sister was there at a time when you needed her.
- Yes. - You think that there's any potential
for the two of you to sort of restore
some kind of working relationship? You're the only two...
No. This is the funeral of our relationship.
All right. Not my job. That's a job for another professional.
- Okay, you have a counterclaim. - Yes.
And your counterclaim-- just as she's not going into her harassment,
I'm not going into anything that involves the harassment.
It is your claim that you left certain furniture behind.
Well, why wasn't your furniture out on the 1st?
Your lease expired the end of the month in January.
It did. And I did let them know that I was not done.
Well, that's not a reason. That's not a reason to break your contract.
Only two people can break a contract, Miss Mata.
The two people are the same two people that signed it.
You signed a contract that said you would be out on a certain date.
You weren't out on a certain date.
The fact that you notified her that you're changing the terms of the contract,
unless she agreed to it, then you should have had your stuff out by the 31st.
Why didn't you?
Because she had made it very difficult during my moving process.
There was a lot of, like I said, harassment and stuff that happened
during that moving process.
She called the police on the people that were helping me.
She made it very difficult to get it done.
There was no way that I could get it done on that day.
Let's get back to "call the police."
And later today...
After Mr. Martinez got into the picture,
he was gonna pay me not to talk to Sherry any longer.
So, you had a discussion with him
that all of her bills, he was gonna take care of?
- Many discussions. Yes, Your Honor. - Okay. And...?
I never got a dime.
Okay. Well, what is the harassment?
Tiffany Nelson claims her sister, Brandy Mata,
owes for property damage after living in her basement.
Brandy is countersuing for the return of her belongings.
Who did you have moving you?
I had-- my best friend Brittany was helping me.
Does Brittany and your sister have any negative history?
They do.
Okay. Well, if they have any negative history,
why would have her come into the house?
Because she doesn't have any access to Tiffany at that point.
There was no reason for them to talk.
They wouldn't be even associating.
You know, if I knew that there were issues
between my landlord and a particular person,
especially if my landlord was my sister
who let me move into her house,
just from a question of using my brain, I wouldn't bring somebody
that had been on the "outs" with them.
If they didn't like them, that's one thing.
"You know, I'm really not crazy about your friend Brittany."
That's one thing. But if you knew that there was
an active aggressive feeling against the other,
should have had somebody else move. So...
Why didn't you get your stuff out?
Well, so, I didn't think that it was aa serious as that. They are related.
If they're related and don't like each other,
- or the plaintiff doesn't like her... - Mm-hmm.
Then... that's even worse. Go ahead.
Yeah, so she was my only help. I didn't anybody to help me at that time.
Then, start doing it sooner. Go ahead.
Yeah, that was the only reason.
Miss Mata, where was your husband?
He was working. We were working during this whole time.
- Well, that's okay. - Mm-hmm.
I've moved and worked. I used to move every time I needed a paint job.
I would pack up and move, and I constantly worked.
I've worked for 58 years.
So, that's not a reason. You pack in the evening.
You go down after work, you get newspaper from the grocery store,
and get old cartons and you wrap up the dishes in the cartons,
and you manage to get out when you're supposed to get out.
And she's not the only one who can help you. Maybe your husband has friends.
If he doesn't have friends, I don't know why not.
In any event, it that was not a smart thing to bring your witness.
Furniture. What furniture did you leave when you...
I left a patio set on the patio.
- It was all outside furniture. - Hold on.
- Patio set. - Mm-hmm.
- Your Honor? - Shh! Just a sec...
- A lawnmower. - Okay.
An outside bench that had storage and stuff.
- Yeah. - A fire pit and lawn chairs.
Okay. And when did you buy the lawn chairs?
It would have been 2018.
Okay. And how much did you pay for each one?
They were...
$245 for the chaise lounges,
and $159 for the pool dining chairs.
Okay. Are those chairs at your home?
- Yes. - May I see them?
Yes. There's four lawn chairs.
There was never the long chair.
Okay. Let me see what's in the home.
- I also had a cooler. - Just a second.
Don't bother me about a cooler.
- Are the lawn chairs still there? - Yes.
- Great. You can go get them. - Okay.
With a marshal. Not with her.
- What about the fire pit? - Still there.
You can pick up the firepit. What about the lawnmower?
- Still there. - Patio set?
- Still there. - They have painted that purple.
Paint it back. Where are you living now?
I have a house.
Who are you living there with?
With my husband and my sister-in-law.
- She's living with you? - Mm-hmm.
Is she paying-- "Uh-huh" is not an answer. Yes.
- Yes. - She's paying you rent?
- No. - Why not?
My husband's mother, their mother passed away,
and she needed to be closer to family, so she's just living with us as family.
Okay. You're going to get all the property back
that you say you left there, and you can do that within five days
on notice to the plaintiff with the marshal.
Just give him a copy of the order that we'll give you inside.
Okay.
With regard to the renovation of the house,
she has to put the house in reasonable condition.
Most of these other pictures demonstrate some wear and tear
that you would have to do-- painting and plastering after 3 1/2 years.
But the carpeting had to be replaced. $4,129.
Judgement for the plaintiff. Thank you very much. We're finished.
This court is adjourned.
I'm happy with her decision.
I just wanted to fix my basement and move on with my life.
I mean, it is what it is. There's nothing to do.
You know, I think we were both at fault.
Go back home, fix my house,
and honestly have nothing to do with her again.
If she had come and talked to me like a normal person,
we could have figured this out without this.
Now, I'm completely done.
I would like to not be inappropriate, but, uh, she's just not a good person.
You know, I think that the two sisters had the best of intentions.
Didn't you get that feeling?
I did. From moving in and knowing you have
a designated place at a time of need,
that she was going to design the basement for you to live in,
although not permanently.
I thought it was going to go in a good direction.
And I'm sure that the plaintiff's mother,
who lives with her, is sad
that she doesn't get to see her other daughter
as frequently as she would like
because they lived together in the same home,
evidently for a very long time.
- Yeah. - Very bad.
There's always collateral damage when people don't get along.
True.
Case #2039, Mohrmann vs Strauss.
All parties, please step forward.
Derick Mohrmann is suing his former friend
Sherry Strauss for car repairs and harassment.
Mr. Mohrmann, the defendant was a friend of yours.
Yes, ma'am.
A casual friend? A romantic friend?
Uh, maybe both. You know, a casual romantic friend.
How long do you know her?
Fourteen years, at least.
Probably closer to 15, yeah.
Were you ever together as a couple?
No, ma'am.
And it is your claim that because she was in financial trouble,
you extended a loan to her to fix her car.
- - - Yes, ma'am. - That's what this case is about.
You also say she harassed you,
but most of this case is about the loans to fix her car.
Miss Strauss says that you did in fact work on her car,
but you caused more damage to it than it originally had,
and she is counterclaiming for car repairs
that she has to make because of work that you did on the car.
- Who is this person? - My fiancée.
- Okay. He's not a mechanic? - No.
And who is the woman?
She is the property manager of the motel that I'm living in.
So, you don't have a mechanic to testify today to anything.
No, I do have...
- The answer is no. - No.
- But I do have an estimate. - I don't care about an estimate.
Okay. So I would like you to tell me, Miss Strauss,
when did you start to have trouble with your car?
March 2nd of 2022.
And where were you living at the time?
I had just moved into the motel.
Had you been spending any time with Mr. Mohrmann?
Previous to that, no.
Previous to March of 2022.
- - - That's correct. - Okay.
After March of 2022, did you spend any time with Mr. Mohrmann?
- I did, yes. - Did you stay at his home?
I went there occasionally, yes.
No. What I'm asking is, did you stay over at his home?
- Yes. - Okay.
And when you started to have trouble with the car in March,
when you hadn't been staying at Mr. Mohrmann's house,
did you call him and let him know you were having trouble with your car?
I did as a friend, yes.
And what did you say to him, and what did he say to you?
I just told him I dropped my son off at his Taekwondo,
and we were trying to leave, and my car was not working.
And what did he say to you?
That he will come and-- and help me.
- And help you? - Yeah.
That was on March 2nd.
That was on March 2nd, yes.
And did he come to the motel where you were staying?
No, he did not.
Well, how did he come and help you with the car?
Because my car was at my son's taekwondo, so he went there.
- He came to where you were? - Mm-hmm.
And did he take your car someplace?
Um, not on that day, no.
What did he do on that day?
On that day, he took me and my son home.
- So that was March 2nd? - Mm-hmm.
Keep going. March 2nd, March 3rd?
And then, on March 3rd,
we ended up having my car taken over to O'Reilly's--
well, we got a battery.
- How much was it? - It was $167 dollars.
- Who paid for it? - I did.
- So then you were driving it again. - Mm-hmm.
- "Uh-huh" is not "yes." - Yes, correct.
Okay. And when was the next time there was difficulty with the car?
Then the next time was March 7th. It died again.
So on March 7th, the car died again. And what did you do?
Then on March 7th, I called him and told him
that something's wrong with my car again.
Now it's not starting again.
Okay, and tell me why you called him.
Because as a good friend. Like I said, we've been friends for 15 years.
As it is, I don't ask anybody for help. I usually try to do everything on my own.
So you called him and said the car died again?
Yep. But he had made it known that he was knowledgeable about cars,
so I figured that maybe he would know what was going on.
You know who else is knowledgeable? Mechanics.
Mm-hmm.
You want to tell me what the additional harassment is?
He showed up at my motel,
- threatening... - What did he want?
When I had talked to him before, when he thought that
David and I were not together anymore, he said, "Oh, it's not about the money."
He goes, "I just want you."
Derick Mohrmann says his former friend
Sherry Strauss owes for car repairs.
Sherry is countersuing, claiming Derick damaged her car trying to fix it.
Okay, so on the 7th, you called him again and said you were having trouble.
Then on the 7th, um, I had to go to work,
so I had another friend take me to work.
He came and picked me up from work,
and we took my car back over to O'Reilly's.
Took the battery out. Had them test it.
The battery had been drained.
Figured it was the alternator. Got the alternator.
He put the alternator in.
Who paid for all of these repairs? That's what it's about.
I paid for them.
So, what is he suing for?
Because later on my brakes and rotors went out, and I got a flat tire.
So, at that time yes, I did call him, and let him know...
On what date was that?
That was on April 16th of 2022.
Okay. Well, right now,
it's gone on the fritz on the 2nd, the 7th, and April 16th.
- Mm-hmm. - So, that's a lot of aggravation.
So, on April 16th, fiasco with the car and the repairs, how much was that?
$234.
- Who paid for that? - He said that he would pay for it.
He originally told me that his mechanic would allow me to make payments.
And when we went to go pick it up on April 22nd,
found out that was not the case.
Okay, so he wasn't going to allow you to make payments?
- No. - Which mechanics usually don't.
So, how much was the bill?
So, the bill was $567.91.
And he paid for that because they wouldn't let you make payments?
He paid for that 'cause he knew I was...
No, no. Not "he knew."
You were originally going to pay for that, and make payments.
- Yeah, I was gonna make payments. - Shh. Just a second.
You were originally going to pay for it and make payments.
- Mm-hmm. - You found out
that you couldn't make payments,
so he said, "Fine, I will make the full payment to the mechanic."
- Yeah. - But it was always your intention
to pay for the repairs of the car,
only you wanted to pay for it in a slower fashion.
Right. I was going to make the payments to the mechanic, yeah.
- Right. Okay. - Yeah, mm-hmm.
What I want to know is, did you pay him back any of the $567?
I gave him $300 to help with him with rent, but I...
Just a second. Tell me when you gave him $300 for rent.
Um, I gave him the $300 on April 29th.
- That was after you picked up the car. - Mm-hmm.
- "Uh-huh" is not an answer. - Yes, ma'am.
Did she give you $300 for rent?
No, Your Honor. I don't need anybody to help me pay my rent.
Do you have any proof that you gave him $300 for rent?
A withdrawal from a bank?
- Or anything? - No. No, I don't, Your Honor.
Okay. So, so far you owe him $567.
Is that what you paid for her in April?
No, Your Honor. I paid 674 dollars and 76 cents.
- May I see it, please? - Yes, ma'am.
Yeah. April 18th.
Six seventy-four. Would you show this to Miss Strauss?
- Okay. Mr. Mohrmann? - Yes, Your Honor?
There subsequently came a time, which I think
probably was a more social issue than anything else,
when the defendant advised...
I have a different one. Show that receipt right there.
- May I see it? - For $567.91.
Well, I actually am not understanding this.
He paid for this with his VISA card.
- Is that right? - That is correct.
Could you explain this to me?
This is your VISA card. This is the same invoice.
One of them is for $567.91.
And the one that you gave me, the same invoice number, is $674.76.
- Sarah, would you do me a favor, please? - Sure.
- Would add up... - From both, or just the top one?
Well, let's start with just the top one, for which there is a VISA receipt.
So, I gather that all of this became problematic
when you started to see a serious boyfriend.
- Is that right? - That is correct.
Now, after March, you said you stayed occasionally at Mr. Mohrmann's.
When you stayed at Mr. Mohrmann's, was that was more of a social--
I mean, was it a more intimate relationship than just social friends?
This was after March.
- Um... - After you were in the motel.
We were kind of like friends with, you know, benefits in a way. So, yeah.
Okay. All right. And then you found someone new,
and according to him, you advised him that you had somebody new.
- Mm-hmm. - And now he wants the money for the car,
which you were going to pay anyway.
Originally, I figured it was a friend helping a friend.
- No, it wasn't. - I didn't think of it as a loan.
No, no, no. It wasn't. Even you say, Miss Strauss,
it was your intention to pay this bill for your car
as you would pay the other bills for your car.
However, when you got there,
you found you couldn't make timed payments,
so he said, "Well, you need a car. I'll lay it out up front."
But, it was always your intention to pay for your own car.
Do we have a...?
That is the correct number. And then at the bottom, that totals.
And then, the additional to bring you to $567 is the tax.
So the next part of your case is about harassment.
By whom? And for what?
Uh, Your Honor, after, uh, Mr. Martinez got into the picture...
- That's this gentleman? - Yes, ma'am.
He was a man of his word, and he was going to pay me
not to talk to Sherry any longer.
Which I didn't.
Okay. So, you had a discussion with him that all of her bills,
he was going to take care of?
- Many discussions. Yes, Your Honor. - Okay.
And...?
- I never got a dime. - Okay. Well, what is the harassment?
Text messages. Uh, my witness here, Miss Montoya...
No, just a second. Text messages, what?
Just saying, "Hey, leave her alone." Which is fine.
Okay, that's all right. That's not harassment.
- Yeah, I-I don't have a problem with that. - Okay, fine.
But it was, "Hey, I'm gonna pay you, I'm a man of my word."
Okay. Well, that-- you're not suing him, so who cares about that?
- Yeah. - She owes you $567.
That's what you put on your VISA.
Now let's get to your money owed for car repairs and harassment.
- Mm-hmm. - Okay.
You don't have a mechanic here, so what your claim is, is that
whatever he did to the car, he didn't do well,
so you had to take the car,
or you're gonna have to take the car to another mechanic.
I don't care. You had planned to fix this car yourself.
The problem was with payments.
If you had to make additional repairs to the car, that's not his problem.
Okay. Now you want to tell me what the additional harassment is?
Mm-hmm. Well, that's why I have my two witnesses here.
He's spent a lot of time calling me names, he's called my fiancé names.
He showed up at my motel, threatening and stuff like that.
- What did he want? - He wanted his money...
- Okay. - But at one point in time...
Now he's got his-- Now he's got--
I didn't-- I don't need to speak to you.
- No, but when I... - Now he's got his money.
When I had talked to him before, when he thought that
David and I was not together anymore, he said, "Oh, it's not about the money."
He goes, "I just want you."
He's got several messages from me,
how he loves me, he wants to be with me and all this and that...
Yeah, but you don't love him and you don't wanna be with him,
so now you have to pay him for your car repairs: $567.
- Yeah. - Judgment for the plaintiff.
We're finished, thank you very much.
- Thank you, Your Honor. - This court is adjourned.
Hey, justice was served, and that's all that matters.
It was about 'cause he didn't have me.
I went with somebody else, and it wasn't with him.
She was a friend, and I tried to help her out.
We've been friends for a long time, so I told him we would be,
you know, that I wanted to be his friend.
I ain't gonna help, I can tell you that.
I want to continue the friendship, and he didn't want that.
No. Never again on her. No.
Time to find another mechanic.
So, I really didn't have trouble, that much trouble with that case
because the defendant had really planned
on paying for her car repairs.
Do I think that the guy said to her, "You can make payments,"
and when she got there said no?
Who knows? It's not worth it.
- Yeah. - He felt used.
Which I think is valid.
Which, you know...
give somebody money, and then you've had
sort of a friends-with-benefits relationship and all,
and you've got somebody new,
and you're driving around in a car...
- Yep. - ...you paid to repair.
- It was simple and easy. - It was. They're not all that easy.
You're right.
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