1
00:00:00,433 --> 00:00:02,166
You hit the plaintiff's parked car?
2
00:00:02,233 --> 00:00:03,333
Yes, ma'am.
3
00:00:03,400 --> 00:00:04,266
So right on--
4
00:00:04,333 --> 00:00:05,767
Were you there?
5
00:00:06,033 --> 00:00:07,367
- No, ma'am.
- Sit down.
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You were approaching an intersection.
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I passed his vehicle and--
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00:00:12,834 --> 00:00:13,934
But you weren't there.
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00:00:15,734 --> 00:00:16,767
You can leave.
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00:00:16,834 --> 00:00:18,967
This is Judy Justice.
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00:00:36,200 --> 00:00:38,967
{\an8}Bobby Gonzales is suing his neighbors,
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00:00:39,033 --> 00:00:42,000
{\an8}John and Heather Gilbert,
for truck damage.
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Court come to order. All rise.
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00:00:44,734 --> 00:00:45,867
{\an8}Have a seat, please.
15
00:00:47,367 --> 00:00:51,033
Hello, Judge.
Case 2095. Gonzales versus Gilbert.
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00:00:51,100 --> 00:00:52,467
- Thank you.
- You're welcome.
17
00:00:54,633 --> 00:00:56,734
- {\an8}-
- Mr. Gonzales. Yes, ma'am.
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00:00:56,800 --> 00:01:01,333
{\an8}You're seeking substantial
amount of money to refurbish your car
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00:01:01,400 --> 00:01:05,700
after it was hit by the
defendant's car while your car was parked?
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00:01:05,767 --> 00:01:06,734
Yes, ma'am.
21
00:01:06,800 --> 00:01:09,700
The defendants are seeking
the same amount of money
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00:01:09,767 --> 00:01:11,600
because they say that despite the fact
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that one of them did, in fact,
hit your parked car,
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00:01:15,400 --> 00:01:16,433
it was your fault.
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00:01:16,500 --> 00:01:18,000
- That's your defense?
- Yes, ma'am.
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00:01:18,066 --> 00:01:19,533
Okay. Who was driving?
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00:01:19,600 --> 00:01:20,567
I was driving.
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00:01:20,633 --> 00:01:24,166
Okay. Mr. Gilbert,
on what date did this incident happen?
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00:01:24,233 --> 00:01:25,467
February 3rd.
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What time?
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00:01:26,567 --> 00:01:29,133
{\an8}About 5-- 5:30 in the morning.
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Who was in the car with you?
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00:01:31,000 --> 00:01:34,200
Nobody. I was by myself.
I was going to pick up my son.
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00:01:34,266 --> 00:01:36,166
You were going
to pick up your son from where?
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00:01:36,233 --> 00:01:38,300
From his mother's
house to take him to school.
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00:01:38,367 --> 00:01:39,600
And where does he go to school
37
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that he has to be there
at 5:30 in the morning?
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00:01:41,667 --> 00:01:42,967
He doesn't have to be there at 5:30.
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00:01:43,033 --> 00:01:45,333
I have to leave at
5:30 to get him there by seven.
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00:01:45,400 --> 00:01:46,967
Do you take him to school every day?
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00:01:47,033 --> 00:01:49,800
- No.
- What was different about February 3rd?
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00:01:49,867 --> 00:01:51,100
His mother, stepfather,
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00:01:51,166 --> 00:01:53,700
and the rest of
their family was out of town.
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00:01:53,767 --> 00:01:55,834
They had asked
me to take him to school that day.
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00:01:55,900 --> 00:01:57,834
- {\an8}-
- Just for that one day?
- Yup.
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00:01:57,900 --> 00:01:59,200
{\an8}"Yup" is not an answer.
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00:01:59,266 --> 00:02:00,567
- {\an8}-
- Oh, yes. Yes, ma'am.
- "Yes" is an answer.
48
00:02:00,633 --> 00:02:03,400
Okay, so it's about 5:30
in the morning and...?
49
00:02:03,467 --> 00:02:04,567
I left my house.
50
00:02:04,633 --> 00:02:06,367
- It was raining, it was cold.
- Look at me.
51
00:02:06,433 --> 00:02:08,500
It's pretty much the same route
I take every day.
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00:02:08,567 --> 00:02:09,667
Not at that same time.
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00:02:10,166 --> 00:02:14,734
I was approaching a stop sign at
an intersection by the plaintiff's house,
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00:02:14,800 --> 00:02:17,433
and I seen, I guess,
either a reflection or what I thought
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00:02:17,500 --> 00:02:20,967
were lights headed in my direction,
so I swerved. And...
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00:02:21,033 --> 00:02:23,033
Okay, you're still traveling,
so you're moving.
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00:02:23,100 --> 00:02:25,867
Does somebody have a diagram
of where this happened?
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00:02:25,934 --> 00:02:27,700
{\an8}- Yeah.
- There it is.
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00:02:27,767 --> 00:02:30,767
{\an8}Okay. You were approaching a stop sign?
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00:02:30,834 --> 00:02:32,800
{\an8}Yeah, I was approaching an intersection.
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00:02:34,867 --> 00:02:36,400
- Were you there?
- No, ma'am.
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00:02:36,467 --> 00:02:38,066
- Sit down.
- Yes, ma'am.
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00:02:40,133 --> 00:02:42,734
You were approaching an intersection.
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00:02:42,800 --> 00:02:44,633
- Yes.
- It's a two-way road.
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00:02:44,700 --> 00:02:46,967
- {\an8}-
- Yeah.
- And it looks to me from that,
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00:02:47,033 --> 00:02:48,934
{\an8}is that an accurate representation?
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00:02:49,000 --> 00:02:51,433
{\an8}Yeah, except for there was another
vehicle on the other side of the road.
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00:02:51,500 --> 00:02:53,700
{\an8}Okay, but it looks to
me that you're traveling
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00:02:53,767 --> 00:02:55,800
{\an8}- sort of in the middle of the road.
- Yeah, it--
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00:02:55,867 --> 00:02:58,367
Okay, and a car is
coming from something,
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00:02:58,433 --> 00:02:59,433
you're not sure what.
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00:02:59,500 --> 00:03:00,734
- Yeah, I--
- I wasn't sure what it was.
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00:03:00,800 --> 00:03:01,867
You were not sure what.
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00:03:01,934 --> 00:03:05,200
- And I swerved. I--
- I just got over to the proper side of the road.
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00:03:05,266 --> 00:03:08,700
And your car swerved,
and when your car swerved,
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00:03:08,767 --> 00:03:12,867
{\an8}it hit that blue car that's sitting there,
that's the plaintiff's car,
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00:03:12,934 --> 00:03:14,767
that was sitting in front of his house.
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00:03:14,834 --> 00:03:16,166
- Mm-hmm.
- "Uh-huh" is not an answer.
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00:03:16,233 --> 00:03:18,166
- Yes, ma'am.
- Yes. Okay.
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00:03:18,900 --> 00:03:21,900
Now, do you want
to tell me what you did next?
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00:03:22,467 --> 00:03:25,834
I went through the intersection,
turned around to follow what I thought
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00:03:25,900 --> 00:03:27,633
might have been
a vehicle headed in my direction,
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00:03:27,700 --> 00:03:30,734
{\an8}and when I didn't see a vehicle,
I took my vehicle home,
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00:03:30,800 --> 00:03:32,633
{\an8}I parked it,
I got my insurance information,
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00:03:32,700 --> 00:03:35,433
{\an8}my driver's license,
and I walked back to his house
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00:03:35,500 --> 00:03:37,266
to trade insurance information with him.
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00:03:37,333 --> 00:03:39,700
Okay. You have
a video of this incident?
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00:03:39,767 --> 00:03:41,900
- {\an8}-
- Yes, ma'am.
- From where?
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00:03:41,967 --> 00:03:43,233
{\an8}From my surveillance camera.
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00:03:43,300 --> 00:03:45,767
{\an8}Is it set up for me to watch it here?
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00:03:45,834 --> 00:03:47,633
- Yes, ma'am. Yes, it is.
- Okay, I'm ready.
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00:03:48,533 --> 00:03:50,734
- That's your car served at this--?
- Yes.
93
00:03:51,467 --> 00:03:53,100
Okay, let's see that again.
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00:03:54,834 --> 00:03:56,567
That's how the truck is covered.
95
00:03:56,633 --> 00:04:00,200
Okay, so you hit
the plaintiff's car hard enough
96
00:04:00,266 --> 00:04:01,734
to push it up on the curb.
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00:04:01,800 --> 00:04:03,266
Speed limit is 30 miles an hour.
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00:04:03,333 --> 00:04:04,734
I just asked you a question.
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00:04:04,800 --> 00:04:08,700
It looks as if you hit it hard
enough to push it up on the curb.
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00:04:08,767 --> 00:04:09,633
Yes, I did.
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00:04:09,700 --> 00:04:12,300
But you told me
a moment ago, Mr. Gilbert,
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00:04:12,367 --> 00:04:16,133
and you just piped in that
the speed limit there is 30 miles an hour,
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00:04:16,200 --> 00:04:19,033
you said you were
slowing down for a stop sign.
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00:04:19,100 --> 00:04:20,333
I said I was approaching a stop sign.
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00:04:20,400 --> 00:04:21,934
Well, when you're approaching a stop sign,
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00:04:22,000 --> 00:04:24,667
you don't approach a stop sign
at 30 miles an hour,
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00:04:24,734 --> 00:04:27,066
especially if it's in
a neighborhood that you've been in.
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00:04:27,133 --> 00:04:29,734
But according to
you, you drive that neighborhood
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00:04:29,800 --> 00:04:33,066
regularly, however, not at that time.
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00:04:33,133 --> 00:04:34,600
- That's what you said.
- Yes, ma'am.
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00:04:34,667 --> 00:04:37,200
So if you are approaching a stop sign--
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00:04:37,266 --> 00:04:40,700
when I approach a stop sign,
and if I know there's a stop sign there,
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00:04:40,767 --> 00:04:44,200
I start applying my brakes
a little bit before.
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00:04:44,300 --> 00:04:46,767
Now I do drive with some people
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00:04:46,834 --> 00:04:50,834
who sort of like to play
chicky with a stop sign, you know?
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00:04:50,900 --> 00:04:52,867
Maybe the stop sign is gonna move.
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00:04:52,934 --> 00:04:54,467
Maybe it's going to become a welcome mat,
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00:04:54,533 --> 00:04:56,834
so they wait until
they get right up to it
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00:04:56,900 --> 00:04:58,767
and put their brakes on.
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00:04:58,834 --> 00:05:01,100
But that's not what you told me you did.
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00:05:01,166 --> 00:05:02,066
No, ma'am.
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00:05:02,133 --> 00:05:05,934
Okay, so now I'm going to
say if you were going very slowly, sir,
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00:05:06,000 --> 00:05:09,333
approaching a stop sign,
you wouldn't have hit his car
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00:05:09,400 --> 00:05:12,967
with such force that you
push him up on the curb. Okay.
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00:05:13,033 --> 00:05:17,400
{\an8}Your defense is, to this action,
as I said, that he was parked
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00:05:17,467 --> 00:05:20,500
and he had this car that was covered,
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00:05:21,166 --> 00:05:24,834
and it was parked
facing the wrong direction,
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00:05:24,900 --> 00:05:29,667
which is totally irrelevant as
to what facing the wrong direction.
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00:05:29,734 --> 00:05:30,900
Not according to Texas state law.
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00:05:31,433 --> 00:05:34,834
It's covered over, so you don't
know which direction it was facing
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00:05:34,900 --> 00:05:38,266
and certainly, the light wasn't on it.
If you're st--
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00:05:38,333 --> 00:05:40,567
I've-- I've-- I've passed, like,
I've passed this--
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00:05:40,633 --> 00:05:42,333
I didn't ask you for anything!
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00:05:42,400 --> 00:05:43,533
You weren't there.
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00:05:43,600 --> 00:05:44,934
- Yes, ma'am.
- You weren't there.
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00:05:45,000 --> 00:05:47,066
- Yes, ma'am, but--
- She lives in the neighborhood.
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00:05:47,133 --> 00:05:48,500
- {\an8}-
- She drives by it every day.
- I lived in this neighborhood--
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00:05:48,567 --> 00:05:49,567
{\an8}- for--for seven years.
- Just a second!
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00:05:49,633 --> 00:05:51,433
{\an8}What do I need that for? I have a video.
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00:05:51,500 --> 00:05:54,300
Okay. Did you see
the stop sign in the video?
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00:05:54,367 --> 00:05:55,233
No.
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00:05:55,300 --> 00:05:57,300
You have no idea how close I was.
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00:05:57,367 --> 00:06:01,467
You just told me you were
approaching a stop sign.
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00:06:01,533 --> 00:06:03,133
- Yeah, there is a stop sign.
- Would you read that back to me?
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00:06:03,200 --> 00:06:04,133
- Would you--?
- There is a stop sign.
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00:06:04,200 --> 00:06:05,533
Would you read that back to me?
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00:06:05,600 --> 00:06:07,700
"I was approaching a stop sign."
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00:06:07,767 --> 00:06:09,367
Does he say "I slowed down,
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00:06:09,433 --> 00:06:11,200
I was approaching a stop sign"?
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00:06:11,266 --> 00:06:12,233
I don't remember.
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00:06:13,900 --> 00:06:15,066
Now you can leave.
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00:06:15,133 --> 00:06:18,200
- I did not say I was slowing down.
- Now you can leave.
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00:06:21,934 --> 00:06:24,800
I did not say I was slowing down.
I said I was approaching a stop sign.
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00:06:24,867 --> 00:06:28,266
Okay, that's what I thought,
but that's why we have Whitney.
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00:06:28,367 --> 00:06:32,300
He says he was approaching a stop sign,
an intersection by the plaintiff's house.
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00:06:32,400 --> 00:06:34,567
"And I can see either a reflection or what
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00:06:34,633 --> 00:06:37,266
I see lights headed in my direction,
so I swerve--"
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00:06:37,333 --> 00:06:40,467
Okay, I would like to see that
video again one more time.
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00:06:40,533 --> 00:06:44,500
I would like to see if I see
something coming towards you.
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00:06:44,567 --> 00:06:47,500
Actually, I don't see
another vehicle coming towards you.
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00:06:47,567 --> 00:06:49,233
Is that a truck parked there?
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00:06:49,300 --> 00:06:52,834
It's a food truck behind it.
It's like catty corner to his vehicle.
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00:06:52,900 --> 00:06:55,967
There's a food trailer there
that had all of the light, like right--
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00:06:56,033 --> 00:06:57,867
A food truck on
the other side of the street.
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00:06:57,934 --> 00:06:59,967
- Yes, ma'am.
- A food truck that you could see.
166
00:07:00,100 --> 00:07:01,900
But that's parked--
- Well, I--
- I assume
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00:07:01,967 --> 00:07:04,133
{\an8}since there was no actual lights coming,
168
00:07:04,200 --> 00:07:07,700
{\an8}I assume maybe that's what reflected,
light reflected off of.
169
00:07:07,800 --> 00:07:08,800
You don't assume anything.
170
00:07:08,867 --> 00:07:11,567
All you know is you
saw something that made you swerve.
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00:07:11,633 --> 00:07:14,233
- Yes, ma'am.
- Whether it was there or not there.
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00:07:14,300 --> 00:07:17,700
So am I getting the fact that
your total defense is based on
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00:07:17,767 --> 00:07:19,867
the fact that his car
shouldn't have been parked there?
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00:07:19,934 --> 00:07:21,467
Yes, ma'am. Or covered.
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00:07:21,533 --> 00:07:25,266
Yeah, well but that's a fineable offense,
Mr. Gilbert. That fineable--
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00:07:25,333 --> 00:07:27,834
Fineable if it doesn't cause an accident.
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00:07:27,900 --> 00:07:30,700
No, I don't think it caused the accident.
You caused the accident.
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00:07:30,767 --> 00:07:32,367
- You caused the accident.
- I didn't cause the accident.
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00:07:32,433 --> 00:07:34,000
That's an inert object.
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00:07:34,066 --> 00:07:35,533
According to my HOA guidelines,
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00:07:35,600 --> 00:07:37,767
that vehicle is
supposed to be in his garage.
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00:07:37,834 --> 00:07:41,367
According to Texas state law,
it's not supposed to be on the road.
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00:07:41,433 --> 00:07:44,400
And I'm going to tell you I absolutely
agree with you that
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00:07:44,467 --> 00:07:48,100
that's a fineable offense
if his car is parked.
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00:07:48,166 --> 00:07:51,000
- So he's-- he--
- You're trying to interrupt me.
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00:07:51,066 --> 00:07:53,633
- Okay.
- That it's a fineable offense.
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00:07:53,700 --> 00:07:56,066
The question is,
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00:07:56,133 --> 00:08:00,767
is his car being parked illegally,
189
00:08:00,834 --> 00:08:04,000
the proximate cause of this accident?
190
00:08:04,066 --> 00:08:05,333
- That's the question.
- You're damn right it is.
191
00:08:05,400 --> 00:08:06,734
Would that be a fair--?
192
00:08:07,233 --> 00:08:09,133
I didn't ask you a question
unless you went to law school.
193
00:08:09,567 --> 00:08:11,500
- Huh?
- Not unless you went to law school.
194
00:08:11,567 --> 00:08:13,800
Am I in the realm?
You're closer than that.
195
00:08:13,867 --> 00:08:17,533
You know, it was
Palsgraf versus Long Island Railroad.
196
00:08:17,633 --> 00:08:20,100
His car may have
been parked in the wrong spot.
197
00:08:20,166 --> 00:08:21,033
Yeah.
198
00:08:21,100 --> 00:08:26,400
If you had somebody that left
a baby carriage with a baby
199
00:08:26,467 --> 00:08:30,734
on the street,
which is certainly against the law
200
00:08:30,800 --> 00:08:34,100
and would be a neglectful act
on the part of the parent,
201
00:08:34,166 --> 00:08:37,433
and if you happen to
swerve up to avoid something
202
00:08:37,500 --> 00:08:39,400
and hit that baby carriage,
203
00:08:39,467 --> 00:08:43,433
you can't say that baby
carriage is the cause of the accident.
204
00:08:43,500 --> 00:08:45,433
- You're the cause of the accident.
- No, the carriage isn't--
205
00:08:45,500 --> 00:08:47,767
No. The owner of the baby carriage is.
206
00:08:47,834 --> 00:08:50,066
- No, you are.
- No, they are.
207
00:08:51,266 --> 00:08:53,266
How am I responsible
for their baby carriage?
208
00:08:53,333 --> 00:08:55,633
Because your car is moving, sir,
209
00:08:55,700 --> 00:08:58,033
and if you're approaching a stop sign,
you're not supposed to be going--
210
00:08:58,100 --> 00:09:01,600
If the vehicle wasn't covered, you
could see the reflectors that are on it.
211
00:09:01,700 --> 00:09:03,000
That's what they're there for.
212
00:09:03,066 --> 00:09:04,200
Reflectors on what?
213
00:09:04,266 --> 00:09:06,667
Yeah.
Reflectors on the truck that's covered.
214
00:09:06,734 --> 00:09:08,900
They have headlights, turn signals,
215
00:09:08,967 --> 00:09:10,834
everything that's reflective
that you could see.
216
00:09:10,900 --> 00:09:14,467
There was no reflectors or signals
for me to see to know it was there.
217
00:09:14,567 --> 00:09:17,066
You would have
hit it whether it was covered or not.
218
00:09:17,133 --> 00:09:18,867
That's horse...
219
00:09:18,934 --> 00:09:21,066
Very good. May I please see--
220
00:09:21,133 --> 00:09:23,834
That's horse...
could I see this?
221
00:09:23,900 --> 00:09:28,000
Kevin, I want to see what
he's got as far as work for the car.
222
00:09:31,900 --> 00:09:34,700
Okay, so this is clearly
a project car, sir.
223
00:09:34,767 --> 00:09:36,800
- Yes, ma'am.
- Yeah, it's a piece of... It don't run.
224
00:09:37,200 --> 00:09:38,500
- Get him out of here.
- Let's go.
225
00:09:38,567 --> 00:09:39,734
He's done.
226
00:09:39,800 --> 00:09:41,800
- He's done.
- Okay.
227
00:09:41,867 --> 00:09:42,734
Here you are.
228
00:09:44,800 --> 00:09:46,967
Oh, that makes my life so much easier.
229
00:09:48,233 --> 00:09:49,867
And later today...
230
00:09:49,934 --> 00:09:51,367
You know, you wanted to go,
231
00:09:51,433 --> 00:09:52,500
there was no reason why you couldn't,
232
00:09:52,567 --> 00:09:54,233
{\an8}that's why you drive a motorcycle.
233
00:09:54,300 --> 00:09:57,166
{\an8}'Cause you can get into tight places,
and you can go.
234
00:09:57,233 --> 00:09:59,834
{\an8}What, you look like an intelligent
young woman.
235
00:09:59,900 --> 00:10:00,834
{\an8}Thank you, Your Honor.
236
00:10:00,900 --> 00:10:02,200
{\an8}Don't take chances.
237
00:10:02,266 --> 00:10:05,367
{\an8}That was a chance.
It could have been a lot worse.
238
00:10:17,033 --> 00:10:20,533
Bobby Gonzales
claims his neighbor John Gilbert
239
00:10:20,600 --> 00:10:22,467
hit his classic pickup truck.
240
00:10:22,567 --> 00:10:25,834
John is countersuing for
car damage and harassment.
241
00:10:25,900 --> 00:10:30,200
By the way, both the defendant
and his wife have a counterclaim.
242
00:10:30,266 --> 00:10:34,133
Their counterclaim is for damages
243
00:10:34,200 --> 00:10:36,500
to their car and for harassment.
244
00:10:36,567 --> 00:10:39,400
Well, since neither one of
them can keep control of themselves,
245
00:10:39,467 --> 00:10:41,467
the counterclaim is dismissed.
246
00:10:41,533 --> 00:10:44,834
I'm looking at this truck, Mr. Gonzales.
247
00:10:44,900 --> 00:10:47,533
When did you purchase it,
sir, and from whom?
248
00:10:47,600 --> 00:10:50,333
In October of... last year.
249
00:10:50,400 --> 00:10:51,867
I purchased it online.
250
00:10:51,934 --> 00:10:53,900
Do you have the bill of
sale from when you purchased it?
251
00:10:53,967 --> 00:10:55,934
I don't have the bill of sale,
but on--on the paperwork,
252
00:10:56,000 --> 00:10:58,800
I have the post on Facebook
and how much I paid for it.
253
00:10:58,867 --> 00:11:00,433
- It was for $8,000.
- Okay.
254
00:11:00,500 --> 00:11:02,467
I also have an appraisal on there as well.
255
00:11:02,533 --> 00:11:04,967
I see the appraisal,
but I don't have what it's going to take
256
00:11:05,033 --> 00:11:08,300
to fix the spot where he damaged the car.
257
00:11:08,367 --> 00:11:10,867
He damaged the car in this whole side end.
258
00:11:10,934 --> 00:11:12,667
- Yes.
- I mean, he's not going to give you
259
00:11:12,734 --> 00:11:13,633
a classic car.
260
00:11:13,700 --> 00:11:15,200
- Well, I know he's not.
- That's not going to happen.
261
00:11:15,266 --> 00:11:17,400
- I know.
- Okay. That's not going to happen.
262
00:11:17,467 --> 00:11:19,266
And certainly, you do understand
263
00:11:19,333 --> 00:11:21,667
that I'm not awarding you anything close
264
00:11:21,734 --> 00:11:24,367
even though they're two obnoxious people,
265
00:11:24,433 --> 00:11:27,567
anything close to $10,000.
You do understand that, Mr. Gonzales.
266
00:11:27,633 --> 00:11:30,734
You're going to have to
get this car fixed right now.
267
00:11:30,800 --> 00:11:36,000
I'm looking-- where is an invoice
for either the work you had done
268
00:11:36,066 --> 00:11:40,300
or an estimate to fix that
part of the car that he injured?
269
00:11:40,367 --> 00:11:41,300
{\an8}I cannot give that to you,
270
00:11:41,367 --> 00:11:43,900
{\an8}- because the vehicle is a classic.
- Then I don't have it.
271
00:11:43,967 --> 00:11:46,166
{\an8}It's very hard to find
that type of vehicle.
272
00:11:46,233 --> 00:11:49,100
Well, then what you're asking me
is to guess, so--
273
00:11:49,166 --> 00:11:52,367
Well, I can give you the rates
as far as how much.
274
00:11:52,467 --> 00:11:54,166
- You can't give me anything.
- Okay.
275
00:11:54,266 --> 00:11:58,667
You have to take the car into
somebody who deals with classic cars.
276
00:11:58,734 --> 00:12:02,734
This is a 70-year-old truck,
and it's certainly beat up.
277
00:12:02,800 --> 00:12:04,567
You had it covered for a long time.
278
00:12:04,633 --> 00:12:06,967
It shouldn't have been on the street.
You do know that?
279
00:12:07,033 --> 00:12:10,533
And I assume that since it's not driven,
you didn't have it insured.
280
00:12:10,600 --> 00:12:13,934
Well, I took it out for Halloween,
you know, just for the kids.
281
00:12:14,000 --> 00:12:16,500
Well, I mean, where do you suggest
282
00:12:16,567 --> 00:12:20,200
that I conjure up a figure of $10,000
283
00:12:20,266 --> 00:12:23,834
when you have a car that's a year old
that has never been driven,
284
00:12:23,900 --> 00:12:26,266
that you take out as a Halloween ornament.
285
00:12:26,333 --> 00:12:29,800
So, let me explain this to you.
I have to guess at a figure.
286
00:12:29,900 --> 00:12:33,834
I would be prepared to award you
$2,000 to fix your car,
287
00:12:33,900 --> 00:12:36,567
because I did see that
it had to be damaged
288
00:12:36,633 --> 00:12:39,467
as a result of the damage
to the defendant's car.
289
00:12:39,567 --> 00:12:44,166
If you feel as if you would fare better in
your local small claims court
290
00:12:44,233 --> 00:12:45,667
where this case came from,
291
00:12:45,734 --> 00:12:48,367
because I have dismissed
their counterclaim,
292
00:12:48,433 --> 00:12:50,567
I will dismiss your case
without prejudice,
293
00:12:50,633 --> 00:12:52,934
and you could take it back
to the lower court.
294
00:12:53,033 --> 00:12:55,033
- Take your choice.
- I'll go ahead and take it from you.
295
00:12:55,100 --> 00:12:56,800
I know I'm not going to get
anything from them.
296
00:12:56,867 --> 00:13:00,967
Very good. Judgment for
the plaintiff in the amount of $2,000.
297
00:13:01,033 --> 00:13:03,800
Counterclaims dismissed.
Fix your car. Thank you.
298
00:13:03,867 --> 00:13:05,233
This court is adjourned.
299
00:13:05,333 --> 00:13:09,000
{\an8}Well, I didn't agree on the price,
but with them kind of people,
300
00:13:09,066 --> 00:13:10,500
{\an8}I'm not going to get my money back.
301
00:13:10,567 --> 00:13:11,734
{\an8}Uh, it's time to get it repaired.
302
00:13:12,567 --> 00:13:15,066
I think you have to be a
certain kind of person
303
00:13:15,133 --> 00:13:19,166
to not take any accountability
when you hit a stationary object.
304
00:13:19,233 --> 00:13:24,767
I'll admit I think that it
was probably a 90%-10% split.
305
00:13:24,834 --> 00:13:27,266
10% plaintiff's fault
for parking on the street.
306
00:13:27,333 --> 00:13:30,266
I looked up the section code in
Texas and did find that
307
00:13:30,333 --> 00:13:32,633
if you leave a car longer
than five days on the street,
308
00:13:32,700 --> 00:13:33,934
you're in violation of a code.
309
00:13:34,000 --> 00:13:37,433
But like you tried to explain
to the very hot-headed defendant,
310
00:13:37,500 --> 00:13:39,166
that's a fineble offense.
311
00:13:39,233 --> 00:13:43,300
That doesn't mean you can ram into
it with your vehicle and not be at fault.
312
00:13:43,367 --> 00:13:45,900
I just don't know how
you take zero accountability
313
00:13:45,967 --> 00:13:48,400
- after hitting a stationary object.
- I don't know either,
314
00:13:48,467 --> 00:13:52,000
but that's, I think, a problem
with a country that's grown up
315
00:13:52,066 --> 00:13:56,333
in the last 50 years,
that it's never your fault.
316
00:13:56,400 --> 00:13:57,734
- Yup.
- It's always somebody else.
317
00:13:57,800 --> 00:14:00,066
It's the state's fault,
it's the city's fault.
318
00:14:00,133 --> 00:14:01,367
It's somebody else's fault.
319
00:14:01,433 --> 00:14:05,367
And it's sad, because I know that
there was lots of acrimony
320
00:14:05,433 --> 00:14:07,800
- Mm-hmm.
- between the two of them without it.
321
00:14:07,867 --> 00:14:08,867
But they were hotheads.
322
00:14:08,934 --> 00:14:10,967
This is the first time you
ever saw me send somebody out.
323
00:14:11,033 --> 00:14:12,066
- A long time.
- Yeah, a long time.
324
00:14:12,133 --> 00:14:13,734
- A long time since I've seen it.
- Yup.
325
00:14:13,800 --> 00:14:17,133
But when they're clearly not getting
the message and they're being hostile,
326
00:14:17,200 --> 00:14:19,133
that's not the proper way
to come to court.
327
00:14:19,200 --> 00:14:20,834
- No.
- Especially when you're in the wrong.
328
00:14:20,900 --> 00:14:22,767
All right, but they have to
live near each other.
329
00:14:22,834 --> 00:14:24,633
I hope that they get--
sort of get it together.
330
00:14:24,700 --> 00:14:26,233
- Just keep your fingers crossed.
- Yeah.
331
00:14:26,300 --> 00:14:31,300
Case 2067. Garcia versus Tarin.
All parties, please step forward.
332
00:14:31,900 --> 00:14:36,266
{\an8}Amari Garcia is
suing fellow motorist April Tarin
333
00:14:36,333 --> 00:14:38,467
for damages from a motorcycle accident.
334
00:14:39,066 --> 00:14:43,133
This is a case that's about an
automobile motorcycle collision.
335
00:14:43,200 --> 00:14:47,066
{\an8}Each one of you claims that the
other is responsible for the collision.
336
00:14:47,133 --> 00:14:49,600
{\an8}Miss Garcia, you were riding a motorcycle?
337
00:14:49,667 --> 00:14:51,400
- {\an8}-
- Yes, ma'am.
- And you were in your car?
338
00:14:51,467 --> 00:14:52,367
Yes.
339
00:14:52,433 --> 00:14:53,967
Okay, and this happened on what date?
340
00:14:54,033 --> 00:14:57,600
March 21, 2022.
Around 3:00 p.m.
341
00:14:57,667 --> 00:14:59,967
- In what state?
- California.
342
00:15:00,100 --> 00:15:01,934
In the state of California,
are you required
343
00:15:02,033 --> 00:15:04,300
to have insurance on a motorcycle?
344
00:15:04,367 --> 00:15:06,667
- Yes, Your Honor.
- Just liability.
345
00:15:06,734 --> 00:15:09,333
Liability if it's paid for in full.
Correct. Yes, Your Honor.
346
00:15:09,400 --> 00:15:11,700
And were you insured on that date?
347
00:15:11,767 --> 00:15:13,900
- Yes, Your Honor.
- And you were driving a car?
348
00:15:13,967 --> 00:15:14,867
{\an8}Yes.
349
00:15:14,934 --> 00:15:18,633
{\an8}And was your
car insured on March 21, 2022?
350
00:15:18,700 --> 00:15:20,734
- Not at the time.
- So the answer is no.
351
00:15:20,800 --> 00:15:21,767
No.
352
00:15:21,834 --> 00:15:26,066
Did you have a valid
driver's license on March 21, 2022?
353
00:15:26,133 --> 00:15:27,700
- Yes.
- From what state?
354
00:15:27,767 --> 00:15:30,200
- California.
- What kind of car were you driving?
355
00:15:30,266 --> 00:15:32,934
Um, 2011 Nissan Sentra.
356
00:15:33,033 --> 00:15:35,667
Was it a new car for you,
or what-- did you have for a while?
357
00:15:35,734 --> 00:15:40,066
{\an8}It's a new car. I purchased
it three weeks prior to the incident.
358
00:15:40,133 --> 00:15:41,967
And if you bought it three weeks before,
359
00:15:42,033 --> 00:15:44,300
how come you
didn't have liability insurance?
360
00:15:44,367 --> 00:15:46,400
I was looking for insurance.
361
00:15:46,467 --> 00:15:50,400
And plus, at the time,
I hadn't received my paperwork.
362
00:15:50,500 --> 00:15:54,166
It was still in the other
person's name at the used car dealership
363
00:15:54,233 --> 00:15:56,500
- that I bought it from.
- Your Honor--
364
00:15:56,567 --> 00:15:57,734
You know you're not supposed to be
365
00:15:57,800 --> 00:16:00,166
driving a car, Ms. Tarin,
without insurance.
366
00:16:00,233 --> 00:16:01,433
Yes, I'm aware of that.
367
00:16:01,500 --> 00:16:02,867
Okay. You want me to say something?
368
00:16:02,934 --> 00:16:04,200
Yes, Your Honor. Thank you.
369
00:16:04,266 --> 00:16:09,300
I have proof that April Tarin
purchased her vehicle February 8th, 2022.
370
00:16:09,367 --> 00:16:13,133
She drove uninsured for 41 days,
and it was not from a lot.
371
00:16:13,200 --> 00:16:15,100
It was from someone off the street.
372
00:16:15,166 --> 00:16:16,233
I have the proof for that.
373
00:16:16,300 --> 00:16:17,600
- I'd like to see it.
- Yes.
374
00:16:19,967 --> 00:16:20,967
Thank you.
375
00:16:22,967 --> 00:16:24,734
For $2,050.
376
00:16:27,266 --> 00:16:29,066
Well, this car that you registered,
377
00:16:29,133 --> 00:16:32,700
the selling price was
$2,050 according to this.
378
00:16:32,767 --> 00:16:34,433
No, it wasn't. And--
379
00:16:34,500 --> 00:16:37,000
Well, I'm going to show
you Vehicle and Transfer Law.
380
00:16:37,066 --> 00:16:40,400
This is 2011 Sentra, and it was signed...
381
00:16:40,467 --> 00:16:43,300
but it's LLC. That's his company.
382
00:16:43,367 --> 00:16:47,433
Okay, so it wasn't off the street,
but it said the selling price was $2,000.
383
00:16:47,500 --> 00:16:48,700
That's what this says.
384
00:16:48,767 --> 00:16:50,800
I don't have my, uh, paperwork in my car.
385
00:16:50,867 --> 00:16:52,333
I want to show--
I want to show this to her.
386
00:16:54,467 --> 00:16:56,066
I just want to get some basic facts first,
387
00:16:56,133 --> 00:16:58,166
and then I'm going to go to the incident.
388
00:16:59,533 --> 00:17:02,333
But that's to... And--
389
00:17:02,400 --> 00:17:04,633
No, no, the person, the seller.
390
00:17:04,700 --> 00:17:07,166
Uh, you know,
I have my paperwork in my car.
391
00:17:07,233 --> 00:17:09,400
Well, but you understand
that what it said?
392
00:17:09,467 --> 00:17:11,066
I understand what you said
because it's right there.
393
00:17:11,133 --> 00:17:12,133
- That's--
- Yes.
394
00:17:12,233 --> 00:17:14,033
Okay. We have a diagram.
395
00:17:14,100 --> 00:17:17,934
This happened on March 21,
3:00 in the afternoon.
396
00:17:18,000 --> 00:17:22,567
You had no insurance,
and you were traveling in the bike lane.
397
00:17:22,633 --> 00:17:23,700
No, that is not true.
398
00:17:23,767 --> 00:17:26,700
I shared the lane of the car in the right.
399
00:17:26,767 --> 00:17:28,100
I would never go into a bike lane.
400
00:17:28,166 --> 00:17:30,333
That is disrespectful
to the road and riders.
401
00:17:30,400 --> 00:17:31,967
Just a second.
Are you allowed to share a lane
402
00:17:32,033 --> 00:17:33,166
with a car in a motorcycle?
403
00:17:33,233 --> 00:17:34,700
That is your right. Yes.
404
00:17:34,767 --> 00:17:36,767
I know Foothill.
Is that where you were?
405
00:17:36,834 --> 00:17:37,700
Yes, Your Honor.
406
00:17:37,767 --> 00:17:39,500
And at a certain time during the day,
407
00:17:39,567 --> 00:17:41,834
- Foothill becomes very trafficked.
- Yes.
408
00:17:41,900 --> 00:17:45,800
And the cars sometimes get
stopped because there's a light, right?
409
00:17:45,867 --> 00:17:46,800
Yes, Your Honor.
410
00:17:46,867 --> 00:17:51,867
Go over to there,
Miss Garcia, and show me, please...
411
00:17:56,533 --> 00:17:59,433
where you were
positioned before you say
412
00:17:59,500 --> 00:18:03,500
that you were traveling
in the same lane as a car.
413
00:18:03,600 --> 00:18:06,066
Your Honor,
I was directly behind this car.
414
00:18:06,133 --> 00:18:09,500
- Okay, you were directly behind that car?
- Yes.
415
00:18:09,567 --> 00:18:11,333
And that car was stopped.
416
00:18:11,400 --> 00:18:12,734
They were slowing to a stop.
417
00:18:12,800 --> 00:18:16,367
No, they were stopped
because they had to have been stopped,
418
00:18:16,433 --> 00:18:18,200
because that's why you went around him.
419
00:18:18,266 --> 00:18:19,567
They were slowing to a stop.
420
00:18:19,667 --> 00:18:22,066
By the time I got around here,
they were stopped.
421
00:18:22,133 --> 00:18:23,900
I didn't want to veer into here.
422
00:18:23,967 --> 00:18:26,667
I was slowing down.
It was around 25 mph.
423
00:18:26,734 --> 00:18:29,200
This lane at the time was too close,
424
00:18:29,266 --> 00:18:31,033
so I shared this lane on this side.
425
00:18:31,133 --> 00:18:33,700
Miss Garcia. I got it, Miss Garcia,
426
00:18:33,767 --> 00:18:38,333
you want me to appreciate the fact
that you wanted to get around
427
00:18:38,400 --> 00:18:42,300
the stopped car and you wanted to
continue to go straight. Correct?
428
00:18:42,367 --> 00:18:44,834
You weren't turning,
you wanted to go straight.
429
00:18:44,900 --> 00:18:46,066
I was going straight. Correct.
430
00:18:46,133 --> 00:18:51,367
And so you want me to picture
in this tiny mind of mine
431
00:18:51,433 --> 00:18:55,000
that instead of going
into a perfectly clear bike lane,
432
00:18:55,066 --> 00:18:58,467
you inched your way
at 25 miles an hour
433
00:18:58,533 --> 00:19:02,033
- in the same lane as a stopped car?
- Yes. But this diagram--
434
00:19:02,100 --> 00:19:04,266
You know, I find that
hard to believe, Miss Garcia.
435
00:19:04,333 --> 00:19:06,000
- Your Honor--
- I really find that hard to believe.
436
00:19:06,066 --> 00:19:08,100
You may be in the right
with regard to this,
437
00:19:08,166 --> 00:19:09,767
but I find it hard to believe.
438
00:19:09,834 --> 00:19:10,834
The roads are very wide.
439
00:19:10,900 --> 00:19:13,567
I have the actual
police photo document of that.
440
00:19:13,633 --> 00:19:15,233
- I'd like to see it.
- Yes, your Honor.
441
00:19:21,900 --> 00:19:23,700
And I'd like to see
the police report as well.
442
00:19:23,767 --> 00:19:25,300
- Is there a police report?
- It's attached to this.
443
00:19:25,367 --> 00:19:26,233
Fine.
444
00:19:28,700 --> 00:19:33,400
Because as you were traveling straight,
the defendant was making a left turn.
445
00:19:33,467 --> 00:19:36,533
She was making a left turn
because the two cars there were stopped,
446
00:19:36,600 --> 00:19:39,367
and those were
the only two traffic lanes there.
447
00:19:39,433 --> 00:19:41,066
Now, I don't know
whether she could see
448
00:19:41,133 --> 00:19:42,734
whether it's a motorcycle or a bicycle
449
00:19:42,800 --> 00:19:43,967
traveling in the bike lane,
450
00:19:44,033 --> 00:19:46,633
but what happened was,
she was making a left turn.
451
00:19:46,734 --> 00:19:49,100
According to this,
you went into her passenger side,
452
00:19:49,166 --> 00:19:50,166
is that correct?
453
00:19:50,233 --> 00:19:51,233
Yes, Your Honor.
454
00:19:54,567 --> 00:19:56,667
{\an8}So where is the motorcycle now?
455
00:19:56,734 --> 00:20:00,200
{\an8}I no longer have it.
The towing company, they sold it.
456
00:20:00,266 --> 00:20:01,734
{\an8}What are you driving around in now?
457
00:20:01,800 --> 00:20:04,367
{\an8}1995 Chevy Beauville.
458
00:20:04,433 --> 00:20:07,233
- {\an8}-
- Attagirl!
459
00:20:16,967 --> 00:20:20,467
Amari Garcia is accusing fellow motorist
460
00:20:20,533 --> 00:20:23,300
{\an8}April Tarin of damaging her motorcycle.
461
00:20:23,367 --> 00:20:27,166
April claims Amari was
illegally driving in the bike lane.
462
00:20:29,300 --> 00:20:31,100
Who was in the car with you, Ms. Tarin?
463
00:20:31,166 --> 00:20:32,533
My son and his girlfriend.
464
00:20:32,600 --> 00:20:34,800
One of them had an injury.
465
00:20:34,867 --> 00:20:37,667
Yes, um, my son's girlfriend.
466
00:20:37,734 --> 00:20:40,500
She was in the driver's passenger side,
467
00:20:40,567 --> 00:20:43,266
and while I was turning into the lane,
468
00:20:43,333 --> 00:20:47,166
I just saw the crash
and saw glass going into my car,
469
00:20:47,233 --> 00:20:48,467
and then she was cut.
470
00:20:48,533 --> 00:20:50,367
Okay. And you had an injury to your knee?
471
00:20:50,467 --> 00:20:53,367
Yes, I have several injuries,
and I have photos as well.
472
00:20:53,800 --> 00:20:59,300
You understand, Ms. Tarin,
that the police interviewed witnesses.
473
00:20:59,367 --> 00:21:02,734
The witnesses were in the stopped cars.
474
00:21:02,800 --> 00:21:03,667
Yes.
475
00:21:03,734 --> 00:21:07,967
And at the end
of all of their interviewing process,
476
00:21:08,033 --> 00:21:11,467
they determined that you
were the cause of the collision?
477
00:21:11,533 --> 00:21:13,233
- That's what it says.
- And I don't--
478
00:21:13,300 --> 00:21:15,767
It says that you caused the collision
479
00:21:15,834 --> 00:21:19,834
by violating vehicle traffic law 21.8001,
480
00:21:19,900 --> 00:21:22,834
"failure to yield
when making a left turn.
481
00:21:22,934 --> 00:21:26,066
I determined the cause
based upon the parties involved
482
00:21:26,133 --> 00:21:27,567
and the physical evidence."
483
00:21:27,633 --> 00:21:29,333
That's what the police determined.
484
00:21:29,400 --> 00:21:31,900
Okay, well, then that's an easy--
485
00:21:31,967 --> 00:21:33,567
based upon the police report,
486
00:21:33,633 --> 00:21:36,000
because each of you are
going to tell two different stories
487
00:21:36,066 --> 00:21:37,266
about what happened that day.
488
00:21:37,333 --> 00:21:39,633
Police were there,
they looked at the physical evidence,
489
00:21:39,700 --> 00:21:42,967
they looked at the injuries,
they looked at the damage to the roadway.
490
00:21:43,033 --> 00:21:46,834
{\an8}They interviewed independent witnesses,
and that was their determination.
491
00:21:46,900 --> 00:21:51,800
{\an8}I understand, Judge, but the police
report had some inconsistencies where,
492
00:21:51,867 --> 00:21:55,033
like, she was driving in the
bicycle lane, which is against the law.
493
00:21:55,100 --> 00:21:59,033
And what I was doing,
I was making the left turn, as you know,
494
00:21:59,100 --> 00:22:03,000
and these two front cars,
which one of them was a witness--
495
00:22:03,066 --> 00:22:06,734
Yes. That car paused
to let you make a left turn.
496
00:22:06,800 --> 00:22:08,567
Yes. Both lanes. And I--
497
00:22:08,633 --> 00:22:10,700
No. No. You said both lanes.
498
00:22:10,767 --> 00:22:12,433
Both lanes paused.
499
00:22:12,500 --> 00:22:14,000
- That's what you say.
- Yes.
500
00:22:14,066 --> 00:22:15,667
That's what you say.
That's not what this says.
501
00:22:15,734 --> 00:22:18,200
But they both did.
And as I was approach--
502
00:22:18,266 --> 00:22:20,133
- I'm just telling you.
- No, I know,
503
00:22:20,200 --> 00:22:21,734
- Yes. I'm just telling you.
- that's why I said--
504
00:22:21,800 --> 00:22:22,800
That's not what this is.
505
00:22:22,867 --> 00:22:24,734
- That's what you say.
- Exactly.
506
00:22:24,800 --> 00:22:27,100
There was nothing that
prevented those two cars from going.
507
00:22:27,166 --> 00:22:29,000
- Exactly.
- There wasn't a traffic light.
508
00:22:29,100 --> 00:22:30,934
There wasn't a stoplight at that spot.
509
00:22:31,000 --> 00:22:33,433
- Yes.
- And there was heavy traffic.
510
00:22:33,500 --> 00:22:34,367
Yes.
511
00:22:34,433 --> 00:22:38,600
So it's your responsibility
to make sure if you're making a left turn,
512
00:22:38,667 --> 00:22:41,133
that you have
to yield to all oncoming traffic.
513
00:22:41,200 --> 00:22:42,734
- I know.
- So the fact that you didn't
514
00:22:42,800 --> 00:22:45,367
see her is really not relevant.
515
00:22:45,433 --> 00:22:47,767
And as long as you understand
516
00:22:47,834 --> 00:22:52,166
that this police report supports
Miss Garcia's claim
517
00:22:52,233 --> 00:22:55,400
that you caused this
accident by making a left turn
518
00:22:55,467 --> 00:22:57,400
when you shouldn't
have been making a left turn.
519
00:22:57,467 --> 00:23:00,166
That's what this is.
And that, you know,
520
00:23:00,233 --> 00:23:01,567
at the end of the day, it's an accident.
521
00:23:01,633 --> 00:23:03,433
That's why it's not called
an "on purpose."
522
00:23:03,500 --> 00:23:07,166
It's called an accident.
Neither one of you anticipated it.
523
00:23:07,233 --> 00:23:08,233
{\an8}As far as I'm concerned, Miss Garcia,
524
00:23:08,300 --> 00:23:09,567
{\an8}you're entitled to be compensated.
525
00:23:09,633 --> 00:23:11,000
{\an8}But I'm going to suggest this to you.
526
00:23:11,066 --> 00:23:14,166
If I'm driving a motorcycle,
which I would never do,
527
00:23:14,233 --> 00:23:15,567
just for me, I think it's wacky.
528
00:23:15,633 --> 00:23:18,233
I think there are
enough crazy people driving around
529
00:23:18,300 --> 00:23:21,567
that I like about
2000 pounds of steel around me
530
00:23:21,633 --> 00:23:25,100
so that if somebody
who is not paying attention
531
00:23:25,166 --> 00:23:28,667
and there's an accident,
I like to be safe.
532
00:23:28,734 --> 00:23:33,567
My first car, when I was 17,
all my friends were getting these
533
00:23:33,633 --> 00:23:36,567
cute little cars,
you know, that were convertibles.
534
00:23:36,633 --> 00:23:38,100
And my father bought me
535
00:23:38,166 --> 00:23:43,600
a 15-year-old blue and white
Cadillac sedan.
536
00:23:43,667 --> 00:23:45,500
- It was so embarrassing
- Oh.
537
00:23:45,567 --> 00:23:48,233
to drive around in that car.
It was a boat.
538
00:23:48,300 --> 00:23:49,734
"Aw, come on."
539
00:23:49,800 --> 00:23:52,300
Everybody else is getting
these cute little Corvettes,
540
00:23:52,367 --> 00:23:53,633
even if they're used ones.
541
00:23:53,700 --> 00:23:55,800
And my father, who loved me a lot,
542
00:23:55,867 --> 00:23:59,066
said to me, "Sweetheart,
if you get into the accident,
543
00:23:59,133 --> 00:24:01,867
I want you to come out unscathed.
544
00:24:01,934 --> 00:24:06,500
And this ensures that you got
a shot if you get into an accident."
545
00:24:06,567 --> 00:24:07,700
And I feel better.
546
00:24:07,767 --> 00:24:11,333
So I'm just telling you,
if you're going to drive a motorcycle,
547
00:24:11,400 --> 00:24:12,734
don't take shortcuts.
548
00:24:13,400 --> 00:24:17,367
{\an8}I know this place on Foothill,
and I know what happens here.
549
00:24:17,433 --> 00:24:18,500
You know, you wanted to go,
550
00:24:18,567 --> 00:24:20,066
there was no reason why you couldn't.
551
00:24:20,166 --> 00:24:21,567
That's why you drive a motorcycle,
552
00:24:21,633 --> 00:24:23,633
'cause you can get into tight places,
553
00:24:23,700 --> 00:24:26,133
but you look like
an intelligent young woman.
554
00:24:26,200 --> 00:24:27,166
Thank you, Your Honor.
555
00:24:27,233 --> 00:24:30,000
Don't take chances. That was a chance.
556
00:24:30,066 --> 00:24:31,633
It could have been a lot worse.
557
00:24:31,700 --> 00:24:33,900
What was the damage to your motorcycle?
558
00:24:33,967 --> 00:24:35,700
I have pictures.
Would you like to see them, Your Honor?
559
00:24:35,767 --> 00:24:37,734
- I would.
- I did look it up.
560
00:24:37,800 --> 00:24:41,934
Lane-splitting motorcycles
is legal in California
561
00:24:42,000 --> 00:24:44,633
based on the California Highway Patrol.
562
00:24:49,300 --> 00:24:51,333
Okay, I see the pictures.
563
00:24:51,400 --> 00:24:53,633
So where is the motorcycle now?
564
00:24:53,734 --> 00:24:57,066
I no longer have it.
The towing company, they sold it.
565
00:24:57,133 --> 00:25:01,734
They sold it for $70, they claim.
And I got hit with collections afterwards.
566
00:25:01,800 --> 00:25:03,433
I have the bill for that
if you'd like to see that.
567
00:25:03,500 --> 00:25:06,834
- How much did you pay for it?
- $6,407.
568
00:25:06,900 --> 00:25:08,266
- Do you have the bill?
- Yes.
569
00:25:08,333 --> 00:25:09,567
I'd like to see it.
570
00:25:09,633 --> 00:25:12,467
For my motorcycle,
what I paid for, correct?
571
00:25:12,533 --> 00:25:13,633
Yes, what you paid for it.
572
00:25:21,133 --> 00:25:22,667
What are you driving around in now?
573
00:25:22,734 --> 00:25:25,300
A 1995 Chevy Beauville.
574
00:25:25,367 --> 00:25:26,667
Attagirl!
575
00:25:28,500 --> 00:25:29,600
Attagirl.
576
00:25:30,066 --> 00:25:31,033
Okay.
577
00:25:31,100 --> 00:25:33,400
I'm giving you
the value of the motorcycle.
578
00:25:33,467 --> 00:25:36,333
- Thank you, Your Honor.
- Which is $6,407.
579
00:25:36,433 --> 00:25:39,533
I'm not splitting
whose fault this was, actually,
580
00:25:39,600 --> 00:25:42,900
but I'm not awarding you
any punitive damages for her.
581
00:25:42,967 --> 00:25:44,734
She had injuries in her car.
582
00:25:44,800 --> 00:25:47,266
You were slightly injured,
but both of you seem fine now.
583
00:25:47,333 --> 00:25:49,100
I don't think that you were careful enough
584
00:25:49,166 --> 00:25:52,767
when you were going straight and
around that car that was stopped.
585
00:25:52,834 --> 00:25:54,700
But the defendant didn't have insurance
586
00:25:54,767 --> 00:25:58,800
and she was cited by the police
for violation of a traffic law.
587
00:25:58,867 --> 00:26:00,867
So I'm giving you
the cost of your motorcycle.
588
00:26:00,934 --> 00:26:02,767
- Thank you, Your Honor.
- Judgment for the plaintiff.
589
00:26:02,834 --> 00:26:04,533
This court is adjourned.
590
00:26:04,633 --> 00:26:07,934
{\an8}So I actually ended up,
after the car had made impact with me,
591
00:26:08,000 --> 00:26:09,967
{\an8}the bike went that way.
I went up into the air...
592
00:26:10,033 --> 00:26:11,834
{\an8}It was really frightening. Um...
593
00:26:11,900 --> 00:26:14,000
{\an8}I hit the ground, I hit on my elbow.
594
00:26:14,066 --> 00:26:16,033
{\an8}I've never experienced that before.
595
00:26:16,133 --> 00:26:18,867
{\an8}I was really scared.
I thought, "This is it, my legs are out."
596
00:26:18,934 --> 00:26:22,400
{\an8}And like I said, I was being cautious. And...
597
00:26:22,467 --> 00:26:24,066
{\an8}And thankfully.
Thankfully, I wasn't.
598
00:26:24,166 --> 00:26:26,867
{\an8}But it ended up
in that kind of situation.
599
00:26:26,934 --> 00:26:31,900
{\an8}Definitely more safely
as far as better gear and, you know,
600
00:26:31,967 --> 00:26:35,066
{\an8}like she said, don't take a
shortcut or anything of that sort.
601
00:26:35,767 --> 00:26:38,066
So I looked up
lane splitting and in California,
602
00:26:38,133 --> 00:26:40,800
it's one of the few states
that allows it for motorcyclists.
603
00:26:40,867 --> 00:26:43,500
It does say inexperienced
riders shouldn't attempt it because,
604
00:26:43,567 --> 00:26:46,166
like we see,
it's very easy to get hit
605
00:26:46,233 --> 00:26:47,367
or for someone not to see you
606
00:26:47,433 --> 00:26:49,467
if you're splitting between lanes,
but it is legal.
607
00:26:49,533 --> 00:26:51,500
So she wasn't
in the wrong by lane splitting,
608
00:26:51,567 --> 00:26:53,100
but I think it was a sticky situation.
609
00:26:53,166 --> 00:26:55,333
You're behind a car, someone's turning.
610
00:26:55,400 --> 00:26:57,367
What does it say if you're injured?
611
00:26:57,433 --> 00:27:01,567
It does say on the Highway Patrol website
that you're splitting at your own risk,
612
00:27:01,633 --> 00:27:04,100
so any injuries
that happen are at your own risk.
613
00:27:04,200 --> 00:27:07,100
So they say if you are
lane splitting, it's not illegal...
614
00:27:07,166 --> 00:27:08,033
Mm-hmm.
615
00:27:08,100 --> 00:27:11,834
But if you have injuries
as a result of a accident,
616
00:27:11,900 --> 00:27:14,767
if you're lane splitting,
you're responsible for your own injuries.
617
00:27:14,834 --> 00:27:18,600
It doesn't say it in a
legal term that I could really stick to,
618
00:27:18,667 --> 00:27:21,500
but it says it's risky,
"we're acknowledging that it's risky.
619
00:27:21,567 --> 00:27:24,633
You have to assume the risk of
lane splitting if that's what you choose."
620
00:27:24,700 --> 00:27:25,900
- Okay. Interesting.
- Yeah.
621
00:27:27,533 --> 00:27:28,934
Want justice?
622
00:27:29,000 --> 00:27:31,200
- {\an8}Go to JudyJustice.
- TV.
623
00:27:31,266 --> 00:27:34,133
{\an8}♪