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He was very upset, crying.
He had nowhere to go.
2
00:00:03,266 --> 00:00:04,967
- You were having trouble with your wife.
- Irrelevant.
3
00:00:05,033 --> 00:00:07,233
- It's just that--that--
- -Tha--
- That's not what I said!
4
00:00:07,300 --> 00:00:08,467
He wanted to work on his marriage.
5
00:00:08,533 --> 00:00:12,033
He said to your friends,
"I need a place to go."
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00:00:12,800 --> 00:00:13,934
- That--
- That is true.
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00:00:14,000 --> 00:00:16,000
Introduce your husband to the truth.
8
00:00:16,066 --> 00:00:18,467
[narrator] This is Judy Justice.
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00:00:35,667 --> 00:00:37,166
{\an8}[narrator] Kellie and Robert Burroughs
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00:00:37,233 --> 00:00:41,066
{\an8}are suing their former friends,
Marena and David Cuadra,
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00:00:41,133 --> 00:00:43,934
for illegal eviction and property damage.
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00:00:44,000 --> 00:00:46,066
[bailiff] Court coming to order. All rise.
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00:00:46,633 --> 00:00:48,166
Have a seat, everybody.
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00:00:49,500 --> 00:00:52,600
{\an8}Hello, Judge. Case 2072,
Burroughs vs. Cuadra.
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00:00:52,667 --> 00:00:53,867
- {\an8}-
- Thank you.
- You're welcome.
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00:00:53,934 --> 00:00:58,800
Mr. and Mrs. Cuadra, you were
living in a home? In a house?
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00:00:58,867 --> 00:00:59,834
- [Marena] Correct a townhome.
- [David] Yes.
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00:00:59,900 --> 00:01:01,033
That you didn't own?
19
00:01:01,100 --> 00:01:04,000
And for how long had you
been renting that home?
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00:01:04,066 --> 00:01:07,000
- We did not rent out the--the home.
- How long--
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00:01:07,066 --> 00:01:09,767
If you didn't own it
then you were renting it.
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00:01:09,834 --> 00:01:11,233
We rented it for two years, Your Honor.
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00:01:11,300 --> 00:01:13,567
It gets scarier if you have...
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00:01:13,633 --> 00:01:17,200
a fixed position in your head so that
you're not listening to my questions.
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00:01:17,266 --> 00:01:19,166
- Do you understand?
- Yes, Your Honor.
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00:01:19,233 --> 00:01:20,600
When did your lease start?
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00:01:20,667 --> 00:01:21,967
July of 2020.
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00:01:22,033 --> 00:01:23,266
And when was it to terminate?
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00:01:23,333 --> 00:01:26,033
It was terminated August 1st, 2022.
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00:01:26,100 --> 00:01:28,800
- {\an8}-
- And it was terminated by an eviction?
- Correct.
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00:01:28,867 --> 00:01:32,600
{\an8}And you were evicted because
the landlord said you sublet the apartment
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00:01:32,667 --> 00:01:34,500
to these people and their family.
33
00:01:34,567 --> 00:01:36,867
- Correct.
- And they were people who you knew.
34
00:01:36,934 --> 00:01:38,967
- Both in the military?
- Just him.
35
00:01:39,033 --> 00:01:40,333
- What do you do?
- [Robert] I'm a federal employee.
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00:01:40,400 --> 00:01:42,200
- And you?
- I'm active duty, ma'am.
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00:01:42,266 --> 00:01:43,767
- But you knew each other from work.
- Correct.
38
00:01:43,834 --> 00:01:45,200
Where did you move in August?
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00:01:45,266 --> 00:01:46,500
National City, Your Honor.
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00:01:46,567 --> 00:01:49,233
How far is that from your prior residence?
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00:01:49,767 --> 00:01:51,633
Uh, it's about 30 miles south, Your Honor.
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00:01:51,700 --> 00:01:55,100
Are you in a home that
you own or that you rent?
43
00:01:55,166 --> 00:01:57,967
- We are still renting.
- How much are you paying in rent?
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00:01:58,033 --> 00:01:59,367
$2,150 a month.
45
00:01:59,433 --> 00:02:01,400
- You have a signed lease?
- We do.
46
00:02:01,467 --> 00:02:02,834
When did that lease start?
47
00:02:02,900 --> 00:02:04,400
August 1st, 2022.
48
00:02:04,467 --> 00:02:07,667
And why did you choose
to live in National City?
49
00:02:07,734 --> 00:02:09,667
It is closer to where he is stationed.
50
00:02:09,734 --> 00:02:12,333
- [David] It is also the--
- Shh...
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00:02:12,400 --> 00:02:14,100
- Don't speak.
- Yes, Your Honor.
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00:02:14,166 --> 00:02:15,333
How much closer?
53
00:02:15,400 --> 00:02:17,633
- Um, to his job?
- To his job.
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00:02:17,700 --> 00:02:21,100
{\an8}It went from a 30 minute drive
to a 15 minute drive.
55
00:02:21,166 --> 00:02:23,633
- {\an8}-
- OK. So that's... better.
- Correct.
56
00:02:23,700 --> 00:02:24,834
You were evicted.
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00:02:24,900 --> 00:02:27,934
You were served a notice
of eviction on what date?
58
00:02:28,000 --> 00:02:31,333
They let us know a month before August.
They gave us a 30 day notice.
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00:02:31,400 --> 00:02:35,367
Now, did the plaintiffs have any furniture
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00:02:35,433 --> 00:02:38,400
in the home that you were evicted from?
61
00:02:38,467 --> 00:02:40,600
- Prior to us being evicted, yes.
- Yes.
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00:02:40,667 --> 00:02:42,066
Prior to your being evicted.
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00:02:42,133 --> 00:02:44,200
And what furniture did they have?
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00:02:44,266 --> 00:02:46,066
Two dressers and a bunk bed.
65
00:02:46,133 --> 00:02:48,400
- Anything else?
- That's as far as furniture.
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00:02:48,467 --> 00:02:51,934
And what furniture did you have
in there prior to being evicted?
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00:02:52,000 --> 00:02:53,400
A full living room. Um...
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00:02:53,467 --> 00:02:55,667
And when did you move that out?
On what date?
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00:02:55,734 --> 00:03:00,600
The 30th of July.
Two days before our moving date.
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00:03:00,667 --> 00:03:02,834
So you moved out all of your furniture?
71
00:03:02,900 --> 00:03:05,667
- Correct.
- And how much were you paying in rent
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00:03:05,734 --> 00:03:07,834
in the place from which you were evicted?
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00:03:07,900 --> 00:03:09,333
$2,595.
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00:03:09,400 --> 00:03:12,934
Oh, I didn't write that down. And how much
are you paying in the new place?
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00:03:13,000 --> 00:03:15,266
The place we are in now? $2,150.
76
00:03:15,333 --> 00:03:17,467
- So, you're paying less rent.
- Correct.
77
00:03:17,533 --> 00:03:19,166
It's substantially smaller.
78
00:03:19,233 --> 00:03:21,967
And substantially closer to
his place of employment.
79
00:03:22,033 --> 00:03:23,033
- Correct.
- Good.
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00:03:23,100 --> 00:03:28,033
Now, do you want to tell me
your version of how they came to be
81
00:03:28,100 --> 00:03:29,567
living in your house?
82
00:03:29,633 --> 00:03:32,867
{\an8}We received a call one night,
it was very late, 10 p.m.
83
00:03:32,934 --> 00:03:35,734
{\an8}Robert was very upset,
crying, he had nowhere to go,
84
00:03:35,800 --> 00:03:38,000
- He?
- Correct. Robert had nowhere to go,
85
00:03:38,066 --> 00:03:39,800
and Kellie was asking for a divorce.
86
00:03:39,867 --> 00:03:42,100
He asked us if he could
crash on the couch.
87
00:03:42,166 --> 00:03:43,066
We have a toddler at home,
88
00:03:43,133 --> 00:03:46,166
so I asked him to sleep in our
guest bedroom instead of the couch.
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00:03:46,233 --> 00:03:47,900
He stayed that first, original night
90
00:03:47,967 --> 00:03:50,433
and the next day he needed
to job hunt, as he was jobless.
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00:03:50,500 --> 00:03:53,133
We offered to watch his child.
He looked for the job and came home.
92
00:03:53,200 --> 00:03:55,600
He asked us if he could stay
for a while in that guest bedroom
93
00:03:55,667 --> 00:03:57,633
until he got onto his feet with the job.
94
00:03:57,700 --> 00:03:59,967
He offered money to just...
95
00:04:00,233 --> 00:04:02,033
- help out with utilities and--
- How much?
96
00:04:02,100 --> 00:04:04,266
- $1,000.
- $1,000 a month?
97
00:04:04,533 --> 00:04:05,567
No, just $1,000.
98
00:04:05,633 --> 00:04:07,967
And our words, when he'd asked,
and we asked him,
99
00:04:08,033 --> 00:04:09,934
"How long do you think
it will take you to get on your feet"?
100
00:04:10,000 --> 00:04:11,467
It was just a couple weeks.
101
00:04:11,533 --> 00:04:15,100
OK, so he was offering $1,000,
102
00:04:15,166 --> 00:04:18,400
- Correct.
- which was 40% of your rent,
103
00:04:18,467 --> 00:04:21,934
to stay for two weeks
to stay in your guest bedroom.
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00:04:22,000 --> 00:04:23,533
- Mm-hmm.
- Pretty decent.
105
00:04:23,600 --> 00:04:25,600
- Did he give you the thousand dollars?
- He did.
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00:04:25,667 --> 00:04:27,900
And he gave you the
$1,000 on what date?
107
00:04:27,967 --> 00:04:32,800
He gave us the
$1,000 on... May 29th.
108
00:04:32,867 --> 00:04:36,533
- And when did he start staying there?
- He started staying with us May 21st.
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00:04:36,600 --> 00:04:37,433
Then what happened?
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00:04:37,500 --> 00:04:40,433
He stayed with us for about a week,
everything was okay.
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00:04:40,500 --> 00:04:42,767
He job hunted, I helped with the child.
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00:04:42,834 --> 00:04:45,367
- {\an8}-
- Within this week he--
- Look at me.
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00:04:45,433 --> 00:04:47,300
{\an8}I'm sorry. He confided in us that
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00:04:47,367 --> 00:04:50,200
he wanted to work on his marriage with
Kellie, he did not want the divorce.
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00:04:50,266 --> 00:04:53,066
It was something that she had asked for.
They wanted to work on it together
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00:04:53,133 --> 00:04:56,500
and had asked if Kellie could come around
to stay with him and the children
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00:04:56,567 --> 00:04:57,767
and work on their marriage.
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00:04:57,834 --> 00:05:00,767
When he moved into the guest room,
did he take the children?
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00:05:00,834 --> 00:05:02,133
- He did--
- Did he have the children with him?
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00:05:02,200 --> 00:05:05,033
He did, but it was just on
certain nights, they were sharing.
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00:05:05,100 --> 00:05:08,033
And then he asked if
Kellie could come as well.
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00:05:08,100 --> 00:05:09,066
- [Marena] Correct.
- [Judy] The wife.
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00:05:09,133 --> 00:05:11,800
And what did you say?
Why--why couldn't he go home?
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00:05:11,867 --> 00:05:15,300
He could not go home due to
their relationship with her parents.
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00:05:15,367 --> 00:05:17,533
- Their parents--she was living--
- Oh, she was living with her parents.
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00:05:17,600 --> 00:05:20,000
- Correct and her parents-- Correct.
- They were both living with her parents.
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00:05:20,066 --> 00:05:22,967
So he said, "I can't go home,
we want to work on the marriage.
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00:05:23,033 --> 00:05:24,867
- Could we come and stay here with you"?
- Correct.
129
00:05:24,934 --> 00:05:26,667
- They have two kids?
- They have three.
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00:05:26,734 --> 00:05:28,867
- They have three kids, and how many dogs?
- Four.
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00:05:28,934 --> 00:05:32,900
Four dogs. So far, you get
four stars if you let her come.
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00:05:32,967 --> 00:05:36,100
[Marena laughs]
I wish it would've worked that way.
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00:05:36,166 --> 00:05:38,433
You understand that
that's where I'm at so far?
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00:05:38,500 --> 00:05:40,633
- Yeah. Of course.
- So now, May 29th,
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00:05:40,700 --> 00:05:44,834
he gives you the $1,000.
She moves in when, with the dogs?
136
00:05:44,900 --> 00:05:48,333
So, we had a long trip planned to Vegas.
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00:05:48,400 --> 00:05:52,333
We let them know that after we had left,
she could come stay while we were gone.
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00:05:52,400 --> 00:05:54,467
What month? June?
139
00:05:54,533 --> 00:05:57,100
- June. Correct.
- How long were you away?
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00:05:57,166 --> 00:05:58,967
We were away for five to six days.
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00:05:59,033 --> 00:06:01,700
Well what was he gonna do when
she came there with the...
142
00:06:01,767 --> 00:06:04,633
four dogs, three kids, after six days?
143
00:06:04,700 --> 00:06:05,667
What was the plan?
144
00:06:05,734 --> 00:06:08,567
This was never a plan of
145
00:06:08,633 --> 00:06:11,233
"Here is a lease agreement.
You are going to rent from us."
146
00:06:11,300 --> 00:06:13,367
- It was just a, "I need somewhere to stay.
- Well that's not my question.
147
00:06:13,433 --> 00:06:16,767
Can they please come for this short
period of time until we figure this out?"
148
00:06:16,834 --> 00:06:18,000
Great. OK.
149
00:06:18,066 --> 00:06:21,033
Now, let me hear your
version of the events.
150
00:06:21,100 --> 00:06:23,367
When you went to stay there
with your children,
151
00:06:23,433 --> 00:06:24,934
you were having trouble with your wife.
152
00:06:25,000 --> 00:06:27,300
- That's incorrect.
- Incorrect.
153
00:06:29,367 --> 00:06:31,533
What I said was--
because I believe her.
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00:06:31,600 --> 00:06:36,433
I believe that you called her and said
exactly what she said she told me.
155
00:06:36,500 --> 00:06:38,266
I mean, I don't have to have
Whitney read it back.
156
00:06:38,333 --> 00:06:40,033
I believe that that's what you said.
157
00:06:40,100 --> 00:06:42,300
So, I don't want to hear
baloney about school districts,
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00:06:42,367 --> 00:06:43,800
you were having trouble
with your wife.
159
00:06:43,867 --> 00:06:45,133
[narrator] And, later today...
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00:06:45,200 --> 00:06:47,066
- {\an8}-
- You can't have it both ways, Miss Dionne.
- It's a complicated case.
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00:06:47,133 --> 00:06:49,934
This is a-- It's not complicated,
it's very simple.
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00:06:50,000 --> 00:06:51,700
You didn't have a written contract.
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00:06:51,767 --> 00:06:54,633
If you had an oral contract,
that's one thing.
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00:07:06,000 --> 00:07:07,533
{\an8}[narrator] Kellie and Robert Burroughs,
165
00:07:07,600 --> 00:07:10,967
{\an8}claim their former friends,
Marena and David Cuadra,
166
00:07:11,033 --> 00:07:13,266
{\an8}owe for an illegal eviction.
167
00:07:13,333 --> 00:07:15,233
Marena and David are countersuing
168
00:07:15,300 --> 00:07:18,266
saying Kellie and Robert
caused them to be evicted.
169
00:07:18,333 --> 00:07:20,800
So, when you went to their house
and wanted to work on your marriage,
170
00:07:20,867 --> 00:07:22,533
you could've gone back to your in-laws'?
171
00:07:22,600 --> 00:07:24,633
- Yes, correct.
- You could've? Why didn't you?
172
00:07:24,700 --> 00:07:27,066
Uh, the reason why we decided
to split up was because
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00:07:27,133 --> 00:07:29,066
we were trying to keep our kids
in the same school district.
174
00:07:29,133 --> 00:07:32,367
So, with having four dogs,
that's impossible to keep in an HOA.
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00:07:32,433 --> 00:07:35,233
So, she decided to go with her parents,
I decided to stay back
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00:07:35,300 --> 00:07:38,133
to finish the school year with the kids,
still being in May,
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00:07:38,200 --> 00:07:39,967
so they could finish
in the same school district.
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00:07:40,667 --> 00:07:42,333
That's why I decided I needed
a mailing address,
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00:07:42,400 --> 00:07:44,000
so they could stay in
the same school district.
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00:07:44,066 --> 00:07:48,367
So, you mean this discussion that she
just said to me about you having problems,
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00:07:48,433 --> 00:07:49,900
- marital problems with your wife,
- Irrelevant.
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00:07:49,967 --> 00:07:51,400
- that never happened?
- Irrelevant.
183
00:07:51,467 --> 00:07:53,667
- It's just that--
- -Ah--
- That's not what I said!
184
00:07:53,734 --> 00:07:56,166
What I said was--because I believe her.
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00:07:56,233 --> 00:07:57,700
I believe that that's what happened.
186
00:07:57,767 --> 00:08:02,233
I believe that you called her and
said exactly what she said she told me.
187
00:08:02,300 --> 00:08:04,333
I mean, I don't have to have
Whitney read it back.
188
00:08:04,400 --> 00:08:05,734
I believe that that's what you said.
189
00:08:05,800 --> 00:08:08,166
So, I don't want to hear
baloney about school districts,
190
00:08:08,233 --> 00:08:10,333
- you were having trouble with your wife.
- No, ma'am.
191
00:08:10,400 --> 00:08:11,367
- No?
- No.
192
00:08:11,433 --> 00:08:12,667
And you didn't tell her that?
193
00:08:12,734 --> 00:08:17,033
We had been moved out of our old place,
of six years, in El Cajon
194
00:08:17,100 --> 00:08:19,867
and we were trying for
six months to find a new place.
195
00:08:19,934 --> 00:08:22,033
So, yes, it does put a lot of
stress on a relationship.
196
00:08:22,100 --> 00:08:25,066
- But we did not have any-- marital probl--
- Mr.-- Mr. Burroughs.
197
00:08:25,133 --> 00:08:26,467
You know what my strong suit is?
198
00:08:26,533 --> 00:08:29,433
And there's no question that
the cameras just caught your face.
199
00:08:29,500 --> 00:08:34,033
My strong suit is: being able
to spot a lie from a mile away.
200
00:08:34,100 --> 00:08:36,700
{\an8}And I'm telling you that
there's no question
201
00:08:36,767 --> 00:08:39,000
{\an8}that you called her late
at night and said,
202
00:08:39,066 --> 00:08:42,500
"I'm having trouble with my wife.
She asked me for a divorce.
203
00:08:42,567 --> 00:08:44,400
Can I come and stay with you?"
204
00:08:44,467 --> 00:08:47,166
There's no question that--
whether it was true or not, I don't know,
205
00:08:47,233 --> 00:08:48,667
because clearly you're a liar.
206
00:08:48,734 --> 00:08:51,000
So, maybe it wasn't true,
but that's what you told her.
207
00:08:51,066 --> 00:08:52,200
Your Honor, may I speak?
208
00:08:52,266 --> 00:08:53,834
You want me to call your parents?
209
00:08:54,834 --> 00:08:57,033
- Please, do.
- Would you like me to call your parents?
210
00:08:57,100 --> 00:08:59,900
I'm just asking. Would you like me
to call your parents?
211
00:08:59,967 --> 00:09:01,734
- No.
- Of course, not.
212
00:09:01,800 --> 00:09:03,533
That's an easy thing for me to do.
213
00:09:03,600 --> 00:09:07,500
Part of what was going on was that
we lived in our home for six years
214
00:09:07,567 --> 00:09:09,767
and the homeowners had moved back in
215
00:09:09,834 --> 00:09:13,066
and so, they asked us to leave and we
had been actively searching for a home.
216
00:09:13,133 --> 00:09:16,166
So, yes, it did put a bit of
a strain on our marriage
217
00:09:16,233 --> 00:09:17,834
and I took...
218
00:09:17,900 --> 00:09:20,967
my dogs with me so that I could
keep my operating business at
219
00:09:21,033 --> 00:09:24,133
{\an8}my parents' house, 'cos I am
a dog boarder, dog sitter.
220
00:09:24,200 --> 00:09:27,266
{\an8}And I did not want to shut
my business down.
221
00:09:27,333 --> 00:09:28,967
And during this time,
222
00:09:29,033 --> 00:09:32,467
tensions, little things happening
at my parents' house,
223
00:09:32,533 --> 00:09:35,033
so, I said, "You need to go see
if you can rent a room
224
00:09:35,100 --> 00:09:37,467
or find somebody that can
help you in the meantime
225
00:09:37,533 --> 00:09:41,834
until we can actively keep searching
for a place for our family."
226
00:09:41,900 --> 00:09:44,533
- We've tried five different homes and we--
- I don't care.
227
00:09:44,600 --> 00:09:47,700
What I said to your husband
was, he lied to me.
228
00:09:48,066 --> 00:09:50,033
Because there's no
question that he called,
229
00:09:50,100 --> 00:09:53,200
and whether it was true or not,
that he said to your friends,
230
00:09:53,266 --> 00:09:57,867
"I need a place to go. Do you have a place
that I could stay on the couch?"
231
00:09:57,934 --> 00:10:00,300
There's not question he said that to her.
232
00:10:00,367 --> 00:10:02,033
That is true. Yes, that is true.
233
00:10:02,100 --> 00:10:03,934
- --
- He needed a place to stay.
- OK, well, then I want you to
234
00:10:04,000 --> 00:10:06,500
introduce your husband to the truth.
235
00:10:06,567 --> 00:10:08,934
- Yes, it's true.
- It's something that he hasn't met.
236
00:10:09,000 --> 00:10:11,333
Because that's not what
he told me what happened.
237
00:10:11,400 --> 00:10:13,533
- Correct.
- So that was a mistake of his.
238
00:10:13,600 --> 00:10:15,467
- A mistake, yes.
- That was a mistake.
239
00:10:15,533 --> 00:10:17,900
And you know what happens
when you lie to me once?
240
00:10:17,967 --> 00:10:19,734
Your case is dismissed.
241
00:10:21,100 --> 00:10:23,600
Because what you're
suing for is being evicted
242
00:10:23,667 --> 00:10:26,934
and you go, "Uh, blah blah blah,
blah blah blah, and emotional distress."
243
00:10:27,000 --> 00:10:28,533
You lie to me once...
244
00:10:29,467 --> 00:10:31,000
Your case is dismissed.
245
00:10:31,200 --> 00:10:32,133
Now,
246
00:10:32,200 --> 00:10:34,767
{\an8}we're gonna come over here.
You have a counter claim.
247
00:10:34,834 --> 00:10:37,233
- {\an8}-
- Your counterclaim is money owed for
- We do.
248
00:10:37,300 --> 00:10:39,233
- property damage...
- Correct.
249
00:10:39,300 --> 00:10:40,900
and for damages for eviction.
250
00:10:40,967 --> 00:10:43,967
Because what happened was,
your landlord evicted you
251
00:10:44,033 --> 00:10:49,033
because she comes with her
4 dog, 3 gerbils, 2 parakeets
252
00:10:49,100 --> 00:10:52,767
to your house and the owner of your condo
doesn't want her anymore.
253
00:10:52,834 --> 00:10:54,433
Then the owner of their last condo
254
00:10:54,500 --> 00:10:55,433
- Of course
- didn't want them.
255
00:10:55,500 --> 00:10:57,233
Gotta save your money, buy your own house
256
00:10:57,300 --> 00:10:59,667
so you can have as many
dogs and parakeets as you like.
257
00:11:00,333 --> 00:11:02,467
You moved into a place that's nicer?
258
00:11:02,533 --> 00:11:03,667
Absolutely not.
259
00:11:03,734 --> 00:11:05,600
Tell me what the paper said
260
00:11:05,667 --> 00:11:09,166
when your landlord
notified you of the eviction.
261
00:11:09,233 --> 00:11:10,433
- Do you have them?
- We do.
262
00:11:10,500 --> 00:11:12,467
- I'd like to take a look at them.
- Yes, no problem.
263
00:11:16,033 --> 00:11:20,533
There was also, in that piece of paper,
a $250 fine through our HOA
264
00:11:20,600 --> 00:11:24,667
from the whole commotion that he caused
the day of asking them to leave.
265
00:11:24,734 --> 00:11:26,800
Just a second. You were
month-to-month tenants.
266
00:11:26,867 --> 00:11:28,000
- Correct.
- You didn't have a lease
267
00:11:28,066 --> 00:11:29,633
for two-- you were a
month-to-month tenant.
268
00:11:29,700 --> 00:11:31,100
We had a year lease and then
269
00:11:31,166 --> 00:11:32,767
when the year was up,
we moved month-to-month.
270
00:11:32,834 --> 00:11:34,000
- {\an8}-
- They didn't evict you.
- No,
271
00:11:34,066 --> 00:11:35,700
- they just gave us--they asked us to leave
- Just a second.
272
00:11:35,767 --> 00:11:40,600
Your... lawsuit is for damages--
punitive damages for an eviction.
273
00:11:40,667 --> 00:11:41,934
You weren't evicted.
274
00:11:42,000 --> 00:11:43,467
- Well, we were asked to leave, if we--
- No,
275
00:11:43,533 --> 00:11:44,934
- did not leave, it turns into an eviction.
- they just decided not to
276
00:11:45,000 --> 00:11:47,000
renew your month-to-month lease.
277
00:11:47,066 --> 00:11:49,200
- Due to the lies.
- I don't care what it was due to.
278
00:11:49,266 --> 00:11:54,700
Listen if I owned a property
and you let 3 kids, 4 dogs,
279
00:11:54,767 --> 00:11:58,567
moved in to my condo for 6 days,
I wouldn't renew your lease
280
00:11:58,633 --> 00:12:00,433
on a month-to-month basis either.
281
00:12:00,500 --> 00:12:04,200
I don't care whether they were there for
2 days, 4 days, a week, or a month.
282
00:12:04,266 --> 00:12:05,367
- You understand?
- Understood.
283
00:12:05,433 --> 00:12:06,934
OK, so there was no eviction.
284
00:12:07,000 --> 00:12:09,400
So the punitive damages
for that are, forget it.
285
00:12:09,467 --> 00:12:12,734
Money owed for property damage
when they moved out.
286
00:12:12,800 --> 00:12:15,100
What did they damage?
And how much did it cost you?
287
00:12:15,533 --> 00:12:19,467
There was a hole in the molding from
moving the dressers down our stairs.
288
00:12:19,533 --> 00:12:21,767
They bonked it bringing it out, angrily,
289
00:12:21,834 --> 00:12:23,567
because they were mad that
we asked them to leave.
290
00:12:23,633 --> 00:12:27,300
We have the letters from our landlord
stating everything that they had to deduct
291
00:12:27,367 --> 00:12:29,667
- from our deposit.
- Just a second. A hole in the wall.
292
00:12:29,734 --> 00:12:32,200
And how much was the hole in the wall?
293
00:12:32,400 --> 00:12:35,133
- The molding was...
- No just--look at the paper
294
00:12:35,200 --> 00:12:37,333
and tell me how much
was the hole in the wall?
295
00:12:37,400 --> 00:12:41,266
The painting was $180
and the molding repair was $200.
296
00:12:41,333 --> 00:12:45,300
Now, did you damage the molding when you
were moving a dresser out of the house?
297
00:12:45,367 --> 00:12:46,834
Not that I'm aware of.
298
00:12:46,900 --> 00:12:50,066
OK, not that you're aware of.
You want to try the truth now?
299
00:12:50,133 --> 00:12:54,667
Was there a hole that you created
moving a dresser out of the house?
300
00:12:54,734 --> 00:12:57,800
When David and I were moving our dresser
over the stairs, down the stairs--
301
00:12:57,867 --> 00:12:59,500
- Who's David?
- The defendant.
302
00:12:59,567 --> 00:13:02,133
So you were moving out
the dresser with him?
303
00:13:02,200 --> 00:13:04,867
Careful. Introducing you to the truth.
304
00:13:05,533 --> 00:13:07,767
Did you move the dresser with him?
305
00:13:08,133 --> 00:13:10,533
- I did help him move the furniture out.
- Your case is dismissed.
306
00:13:10,600 --> 00:13:12,200
- The counterclaim--the counterclaim
- [David] (unintelligible)
307
00:13:12,266 --> 00:13:14,133
likewise is dismissed.
We're done. Thank you.
308
00:13:14,200 --> 00:13:16,133
[bailiff] This court is adjourned.
309
00:13:18,233 --> 00:13:19,533
{\an8}I take it as a win.
310
00:13:19,600 --> 00:13:22,667
{\an8}The initial suit was them against us.
Their suit got dismissed.
311
00:13:22,734 --> 00:13:25,400
{\an8}We lost a lot of things
and a lot of wages.
312
00:13:25,467 --> 00:13:28,667
{\an8}That was just us being good friends.
We definitely learned our lesson.
313
00:13:28,734 --> 00:13:32,600
{\an8}We will never help another crying husband
on our doorstep claiming divorce again.
314
00:13:32,667 --> 00:13:37,734
{\an8}People that are offering to be nice to you
in, in times of need don't charge you.
315
00:13:37,800 --> 00:13:40,467
{\an8}They kind of cried oh, marriage
and divorce the whole time
316
00:13:40,533 --> 00:13:41,867
{\an8}knowing that we're
young and married,
317
00:13:41,934 --> 00:13:43,567
{\an8}it's something we take
seriously in our lives.
318
00:13:43,633 --> 00:13:45,500
{\an8}We're still trying to build
our lives back.
319
00:13:46,834 --> 00:13:51,000
I should actually make a party to
introduce all those people to Mr. Truth.
320
00:13:51,066 --> 00:13:53,300
- I agree. There's a lot of...
- [Judy laughs]
321
00:13:53,867 --> 00:13:55,100
- mismatched--doesn't make sense.
- Stuff.
322
00:13:55,166 --> 00:13:56,000
- [Judy] Yeah...
- If you're going to stay with
323
00:13:56,066 --> 00:13:57,734
a friend for a few days...
324
00:13:57,800 --> 00:13:59,500
you don't bring a bunk bed
and two dressers.
325
00:13:59,567 --> 00:14:01,800
- No.
- I've stayed with friends for...
326
00:14:02,033 --> 00:14:04,033
couple days, long weekend,
you bring a bag,
327
00:14:04,100 --> 00:14:05,867
- with some clothes.
- Right. Even with your kids.
328
00:14:05,934 --> 00:14:08,100
Yeah. You don't bring furniture,
you don't bring any of that,
329
00:14:08,166 --> 00:14:09,633
- [Judy] No.
- so there's a lot of discrepancies.
330
00:14:09,700 --> 00:14:12,600
Things that didn't make sense and if it
doesn't make sense, it's usually not true.
331
00:14:12,667 --> 00:14:13,667
Agreed.
332
00:14:13,767 --> 00:14:18,300
Case 2041. Dionne vs. Everson.
All parties please step forward.
333
00:14:18,367 --> 00:14:19,767
{\an8}[narrator] Kaitlyn Dionne...
334
00:14:19,834 --> 00:14:22,767
{\an8}claims her former employer,
Scott Everson,
335
00:14:22,834 --> 00:14:26,367
{\an8}breached their contract to buy
her baby shoe business.
336
00:14:26,433 --> 00:14:29,633
Alright. What looks to be
a complicated case, actually is
337
00:14:29,700 --> 00:14:31,266
merely just a contract case.
338
00:14:31,333 --> 00:14:35,934
Miss Dionne, you had
a side business of making baby shoes.
339
00:14:36,000 --> 00:14:37,834
And I assume that those
are the baby shoes.
340
00:14:37,967 --> 00:14:40,066
- Yes. It was a full-time business.
- The...defendants...
341
00:14:40,133 --> 00:14:45,000
had a children's clothing website and they
became familiar with your baby shoes
342
00:14:45,066 --> 00:14:47,367
and they were interested
in buying your business.
343
00:14:47,433 --> 00:14:51,033
You entered into a contract
wherein I believe that they agreed
344
00:14:51,100 --> 00:14:54,133
to pay you $30,000 for the business?
Is that correct?
345
00:14:54,200 --> 00:14:56,567
That was the asking price--there was
never a written contract signed.
346
00:14:56,800 --> 00:14:59,734
- That's incorrect.
- Just a second. You entered into a deal
347
00:14:59,800 --> 00:15:02,233
for $30,000
348
00:15:02,300 --> 00:15:06,467
and an employment contract
without a written contract?
349
00:15:06,533 --> 00:15:08,300
I have the written contract
here, Your Honor.
350
00:15:08,367 --> 00:15:09,400
Oh, yeah.
351
00:15:09,467 --> 00:15:12,533
I would say goodbye to you all
if there wasn't a written contract.
352
00:15:12,600 --> 00:15:15,233
There was a draft of a contract,
the terms of which changed
353
00:15:15,300 --> 00:15:17,300
- numerous times over the two years.
- No, no, no, you can't--
354
00:15:17,367 --> 00:15:21,333
you can't change a written contract.
Was it a written contract that was signed
355
00:15:21,400 --> 00:15:22,900
- by both parties?
- No.
356
00:15:22,967 --> 00:15:24,500
- It was never signed.
- He refused to sign it.
357
00:15:24,567 --> 00:15:28,000
Even though he was the one that wrote it
himself and emailed it to me himself.
358
00:15:29,900 --> 00:15:34,000
{\an8}You called him, within the period that you
were supposed to be working for him,
359
00:15:34,066 --> 00:15:36,734
and said, "This is too much
for me, I can't do it."
360
00:15:36,800 --> 00:15:39,066
I read your complaint.
Do you understand?
361
00:15:39,133 --> 00:15:42,300
That's a breach of your contract,
if there ever was a contract.
362
00:15:53,834 --> 00:15:55,000
{\an8}[narrator] Kaitlyn Dionne...
363
00:15:55,066 --> 00:15:58,000
{\an8}claims her former employer,
Scott Everson,
364
00:15:58,066 --> 00:16:01,734
{\an8}breached their contract to buy
her baby shoe business.
365
00:16:01,800 --> 00:16:04,934
Well, then there was never a meeting
of the minds. May I see that?
366
00:16:05,000 --> 00:16:06,700
This is going to be a much easier case
367
00:16:06,767 --> 00:16:07,767
- than I thought.
- [Kaitlyn] That's also incorrect,
368
00:16:07,834 --> 00:16:09,367
- [Kaitlyn] I have audio--
- Just a second. This is going to be
369
00:16:09,433 --> 00:16:11,667
a much easier case than I thought.
370
00:16:12,000 --> 00:16:14,900
That's the latest draft of an agreement,
of which, there were several drafts
371
00:16:14,967 --> 00:16:16,500
- prior to that.
- Listen to me, sir.
372
00:16:16,567 --> 00:16:20,567
Doesn't make any difference to me.
She's suing you because you paid her
373
00:16:20,633 --> 00:16:25,433
pursuant, I assume, under this
non-contract, according to you,
374
00:16:25,500 --> 00:16:27,867
- $31,000.
- In good faith.
375
00:16:27,934 --> 00:16:32,967
That was for both, a piece of
her business and for her staying on
376
00:16:33,033 --> 00:16:35,867
for a period of, I don't know,
four months? Six months?
377
00:16:35,934 --> 00:16:38,600
- That was never, um, agreed to.
- Oh yeah.
378
00:16:38,667 --> 00:16:40,633
Neither was the $30,000.
379
00:16:40,700 --> 00:16:43,166
Do you understand?
You can't have it both ways,
380
00:16:43,233 --> 00:16:45,433
- {\an8}-
- Miss Dionne-- It's not complicated.
- It's a complicated case.
381
00:16:45,500 --> 00:16:48,200
{\an8}It's very simple. You didn't
have a written contract.
382
00:16:48,266 --> 00:16:51,333
If you had an oral contract,
that's one thing.
383
00:16:51,400 --> 00:16:53,734
I do have that actually.
I have audio that we can play right now
384
00:16:53,800 --> 00:16:56,166
telling him that he promises
to pay me $30,000,
385
00:16:56,233 --> 00:16:57,967
regardless of how long I worked for him.
386
00:16:58,033 --> 00:17:01,166
Just a second.
The original deal that you had
387
00:17:01,233 --> 00:17:03,734
was for $30,000.
388
00:17:03,800 --> 00:17:07,400
There was actually an original that was
much more than the contract he--
389
00:17:07,467 --> 00:17:09,934
- he took months to change
- -Miss Dionne. How should--
- Miss Dionne--
390
00:17:10,000 --> 00:17:11,066
- to sign.
- Miss Dionne.
391
00:17:11,133 --> 00:17:16,800
There's no question that under the terms
of what you both thought was reasonable,
392
00:17:16,867 --> 00:17:22,734
you agreed to accept $30,000 from him
for the business and you would stay
393
00:17:22,800 --> 00:17:25,934
with the business for a period of time.
Either four months or six months,
394
00:17:26,000 --> 00:17:28,900
I'm not exactly sure what it is,
but that is totally reasonable
395
00:17:28,967 --> 00:17:31,367
because he wasn't in
the baby shoes business.
396
00:17:31,433 --> 00:17:35,100
According to your complaint, you were
going through some marital difficulty,
397
00:17:35,166 --> 00:17:38,700
you were going through other
major problems, and you called him,
398
00:17:38,767 --> 00:17:41,934
within the period you were
supposed to be working for him,
399
00:17:42,000 --> 00:17:44,533
and said, "This is too much
for me, I can't do it."
400
00:17:44,600 --> 00:17:46,834
I read your complaint. Do you understand?
401
00:17:46,900 --> 00:17:49,800
That's a breach of your contract,
if there ever was a contract.
402
00:17:49,867 --> 00:17:51,533
- That was--listen to me carefully.
- If you look in the
403
00:17:51,600 --> 00:17:52,934
- contract it says that he would
- -L--
- Listen--
404
00:17:53,000 --> 00:17:54,900
- take away $400 per week
- This--
405
00:17:54,967 --> 00:17:56,033
- that I did not work for him.
- This--
406
00:17:56,100 --> 00:17:58,000
- Staying with him
- This is not--listen to me.
407
00:17:58,066 --> 00:18:00,200
Miss Dionne. Listen to me very carefully.
408
00:18:00,266 --> 00:18:02,800
This is an unsigned contract.
409
00:18:02,867 --> 00:18:04,967
- Why did he send it to me then?
- -Therefore--
- Just a second!
410
00:18:05,033 --> 00:18:07,867
- He gave you $31,000.
- He did not.
411
00:18:07,934 --> 00:18:09,800
- He gave me $5,000.
- Just a second.
412
00:18:09,867 --> 00:18:13,600
He says he gave you, over
the period of time, $30,000.
413
00:18:13,667 --> 00:18:14,667
- Did you give her $30,000?
- He did not. I have--
414
00:18:14,734 --> 00:18:17,066
- -Ju--ah--
- Just a second.
- [Scott] In the period of time that we've
415
00:18:17,133 --> 00:18:21,367
{\an8}known Miss Dionne and worked with her,
I've given her $31,668.
416
00:18:21,433 --> 00:18:23,166
- I have proof that says otherwise.
- [Scott] That was...
417
00:18:23,233 --> 00:18:24,100
[Judy] I'd like to see it.
418
00:18:24,166 --> 00:18:26,600
- Here are my hourly paychecks.
- [Judy] No, no, no, no, that--
419
00:18:26,667 --> 00:18:29,367
Those are paychecks,
paycheck stubs, of which
420
00:18:29,433 --> 00:18:31,033
the--of the $31,000 she received--
421
00:18:31,100 --> 00:18:32,000
- $10,000 were--
- That were not part of the business
422
00:18:32,066 --> 00:18:33,033
- were pay--
- purchase price.
423
00:18:33,100 --> 00:18:34,934
- [Judy] Listen. I have
- No, you're right, that was pay stubs.
424
00:18:35,000 --> 00:18:36,367
to explain something to you.
425
00:18:36,433 --> 00:18:39,433
There was no written contract
and clearly no meeting of the minds
426
00:18:39,500 --> 00:18:41,066
based upon what you both told me today.
427
00:18:41,133 --> 00:18:43,133
- Question, what was I supposed to do?
- -Ah--
- Just a sec.
428
00:18:43,200 --> 00:18:45,467
I signed the contract
and gave it back to him.
429
00:18:45,533 --> 00:18:46,667
Then you should have done nothing.
430
00:18:46,734 --> 00:18:48,367
If he didn't sign it,
you should've done nothing.
431
00:18:48,433 --> 00:18:50,367
I was a single mother at the time.
432
00:18:50,433 --> 00:18:51,567
- [Kaitlyn] He did not--
- [Scott] To the best of my--
433
00:18:51,633 --> 00:18:53,400
[Judy] Miss Dionne, you have
to understand, this is a court.
434
00:18:53,467 --> 00:18:55,166
He had all of my assets.
435
00:18:55,233 --> 00:18:57,367
This is a court, it's not Dr. Phil.
436
00:18:57,800 --> 00:19:01,400
You had no written contract and,
if you had no written contract,
437
00:19:01,467 --> 00:19:03,367
- you had to have an oral cont--
- -I have an oral--
- I do.
438
00:19:03,433 --> 00:19:08,000
No, then you had to have an oral contract
and that oral contract clearly did not
439
00:19:08,066 --> 00:19:10,200
reflect a meeting of
the minds of both of you.
440
00:19:10,266 --> 00:19:12,467
If he didn't sign this contract,
441
00:19:12,533 --> 00:19:16,266
and whether it was for your business
or for your employment,
442
00:19:16,333 --> 00:19:20,400
are you saying to me that you did not
receive from him, I'm just curious
443
00:19:20,467 --> 00:19:22,700
because he has
the documentation to show me,
444
00:19:22,767 --> 00:19:26,867
that you did not receive from him $31,000?
445
00:19:26,934 --> 00:19:28,233
- Stop!
- I have documentation--
446
00:19:28,300 --> 00:19:29,367
- Just a sec--
- I'm sorry, I thought that was a question
447
00:19:29,433 --> 00:19:30,433
- That was a question.
- you asked me.
448
00:19:30,500 --> 00:19:35,200
That you did not receive from him, I don't
care if it's the business or as a worker,
449
00:19:35,266 --> 00:19:39,467
that you did not receive form him,
during a period of time, $31,000?
450
00:19:39,533 --> 00:19:41,000
I did not. That's incorrect.
451
00:19:41,066 --> 00:19:44,367
I have my paychecks. I have
the down payment that he made.
452
00:19:44,433 --> 00:19:45,967
I have the installments that he made
453
00:19:46,033 --> 00:19:47,000
- and that is all he gave me.
- Ah, just a second.
454
00:19:47,066 --> 00:19:49,400
- All of which added up to $31,000.
- [Judy] How much--shh just a second.
455
00:19:49,467 --> 00:19:54,166
Add 'em up and I asked you a question.
How much was it?
456
00:19:54,233 --> 00:19:58,667
Your paychecks and the down payment
he made on your business.
457
00:19:58,734 --> 00:20:03,033
How much was it? I wanna know if it was
30--he said it was it was $31,000.
458
00:20:03,100 --> 00:20:09,000
He payed me $16,666 for my business.
My paychecks do not matter.
459
00:20:09,066 --> 00:20:10,200
- They were not a part
- Listen.
460
00:20:10,266 --> 00:20:12,200
- of the business agreement.
- Listen. Did you file--did you file
461
00:20:12,266 --> 00:20:13,633
- That is not a part of
- -your case in small claims--
- Ah!
462
00:20:13,700 --> 00:20:15,200
- my business.
- (banging desk) Did you file you case
463
00:20:15,433 --> 00:20:16,734
- in small claims court?
- Yes.
464
00:20:16,800 --> 00:20:19,967
- -Very--Just a sec--
- Miss Dionne
- Working hourly was not a part of
465
00:20:20,033 --> 00:20:22,233
- the contract.
- Pay careful attention to me.
466
00:20:22,300 --> 00:20:25,033
If you filed your case
in small claims court,
467
00:20:25,100 --> 00:20:28,233
I'm going to give you
an opportunity to go back there
468
00:20:28,300 --> 00:20:30,300
- if you think you have a ca--
- I do not.
469
00:20:30,367 --> 00:20:31,700
I do not believe
470
00:20:31,767 --> 00:20:36,100
that there was a meeting of the minds when
there's a contract, unsigned, for over
471
00:20:36,166 --> 00:20:39,333
$10,000. That's absolutely ludicrous.
472
00:20:39,400 --> 00:20:41,867
As long as I'm comfortable with the fact
473
00:20:41,934 --> 00:20:46,033
that you got paid, during
a period of time, $30,000
474
00:20:46,100 --> 00:20:49,266
so that you worked and you got paid,
475
00:20:49,333 --> 00:20:51,667
the contract for the sale of the business,
476
00:20:51,734 --> 00:20:54,233
as far as I'm concerned,
was never consummated.
477
00:20:54,300 --> 00:20:56,433
I'm going to let you go try
478
00:20:56,500 --> 00:21:00,934
to explain your position to a judge
in either Superior Court,
479
00:21:01,000 --> 00:21:04,700
because I don't think small claims courts
hear cases up to $10,000.
480
00:21:04,767 --> 00:21:05,900
I don't know where you're from.
481
00:21:05,967 --> 00:21:06,967
- Where are you from?
- That's incorrect
482
00:21:07,033 --> 00:21:08,633
- Utah. Utah.
- It's actually $11,000.
483
00:21:08,700 --> 00:21:10,233
- In Utah.
- Well go back to Utah.
484
00:21:10,300 --> 00:21:12,500
This case is dismissed
without prejudice, we're done.
485
00:21:12,567 --> 00:21:14,467
[bailiff] This court is adjourned.
486
00:21:15,700 --> 00:21:18,066
{\an8}I reminded him over
the period of two months.
487
00:21:18,133 --> 00:21:21,166
{\an8}Paid her $31,000 for
her time and her business.
488
00:21:21,233 --> 00:21:23,400
{\an8}Give me the contract. Give me
the contract. Give me the contract.
489
00:21:23,467 --> 00:21:25,533
{\an8}She wanted a job, that's how
she first approached us,
490
00:21:25,600 --> 00:21:26,867
{\an8}she applied for a job with us.
491
00:21:26,934 --> 00:21:29,934
{\an8}My working for him hourly was
never part of... the agreement.
492
00:21:30,000 --> 00:21:31,133
{\an8}I wish I had been more careful.
493
00:21:31,200 --> 00:21:32,133
{\an8}I'll see him back in court.
494
00:21:33,667 --> 00:21:35,066
[narrator] Have you ben cheated?
495
00:21:35,266 --> 00:21:37,467
Go to JudyJustice.tv.