You hit the plaintiff's parked car?
Yes, ma'am.
So right on--
[tuts] Were you there?
- No, ma'am. - Sit down.
You were approaching an intersection.
I passed his vehicle and--
But you weren't there.
You can leave.
[narrator] This is Judy Justice.
♪
Bobby Gonzales is suing his neighbors,
John and Heather Gilbert, for truck damage.
[bailiff] Court come to order. All rise.
Have a seat, please.
Hello, Judge. Case 2095. Gonzales versus Gilbert.
- Thank you. - You're welcome.
- - - Mr. Gonzales. Yes, ma'am.
[Judy] You're seeking substantial amount of money to refurbish your car
after it was hit by the defendant's car while your car was parked?
Yes, ma'am.
[Judy] The defendants are seeking the same amount of money
because they say that despite the fact
that one of them did, in fact, hit your parked car,
it was your fault.
- That's your defense? - Yes, ma'am.
Okay. Who was driving?
I was driving.
Okay. Mr. Gilbert, on what date did this incident happen?
February 3rd.
What time?
About 5-- 5:30 in the morning.
[Judy] Who was in the car with you?
Nobody. I was by myself. I was going to pick up my son.
You were going to pick up your son from where?
From his mother's house to take him to school.
And where does he go to school
that he has to be there at 5:30 in the morning?
He doesn't have to be there at 5:30.
I have to leave at 5:30 to get him there by seven.
Do you take him to school every day?
- No. - What was different about February 3rd?
His mother, stepfather,
and the rest of their family was out of town.
They had asked me to take him to school that day.
- - - Just for that one day? - Yup.
"Yup" is not an answer.
- - - Oh, yes. Yes, ma'am. - [Judy] "Yes" is an answer.
Okay, so it's about 5:30 in the morning and...?
I left my house.
- It was raining, it was cold. - [Judy] Look at me.
It's pretty much the same route I take every day.
Not at that same time.
I was approaching a stop sign at an intersection by the plaintiff's house,
and I seen, I guess, either a reflection or what I thought
were lights headed in my direction, so I swerved. And...
Okay, you're still traveling, so you're moving.
Does somebody have a diagram of where this happened?
- [John] Yeah. - [Judy] There it is.
Okay. You were approaching a stop sign?
Yeah, I was approaching an intersection.
- [Heather] So right-- - [tuts]
- Were you there? - No, ma'am.
- Sit down. - Yes, ma'am.
[Judy] You were approaching an intersection.
- Yes. - It's a two-way road.
- - - Yeah. - [Judy] And it looks to me from that,
is that an accurate representation?
Yeah, except for there was another vehicle on the other side of the road.
[Judy] Okay, but it looks to me that you're traveling
- sort of in the middle of the road. - Yeah, it--
[Judy] Okay, and a car is coming from something,
you're not sure what.
- Yeah, I-- - I wasn't sure what it was.
You were not sure what.
- And I swerved. I-- - I just got over to the proper side of the road.
And your car swerved, and when your car swerved,
it hit that blue car that's sitting there, that's the plaintiff's car,
that was sitting in front of his house.
- Mm-hmm. - "Uh-huh" is not an answer.
- Yes, ma'am. - [Judy] Yes. Okay.
Now, do you want to tell me what you did next?
I went through the intersection, turned around to follow what I thought
might have been a vehicle headed in my direction,
and when I didn't see a vehicle, I took my vehicle home,
I parked it, I got my insurance information,
my driver's license, and I walked back to his house
to trade insurance information with him.
Okay. You have a video of this incident?
- - - Yes, ma'am. - [Judy] From where?
From my surveillance camera.
Is it set up for me to watch it here?
- Yes, ma'am. Yes, it is. - [Judy] Okay, I'm ready.
- That's your car served at this--? - [Bobby] Yes.
[Judy] Okay, let's see that again.
[John] That's how the truck is covered.
Okay, so you hit the plaintiff's car hard enough
to push it up on the curb.
Speed limit is 30 miles an hour.
I just asked you a question.
It looks as if you hit it hard enough to push it up on the curb.
Yes, I did.
[Judy] But you told me a moment ago, Mr. Gilbert,
and you just piped in that the speed limit there is 30 miles an hour,
you said you were slowing down for a stop sign.
I said I was approaching a stop sign.
[Judy] Well, when you're approaching a stop sign,
you don't approach a stop sign at 30 miles an hour,
especially if it's in a neighborhood that you've been in.
But according to you, you drive that neighborhood
regularly, however, not at that time.
- That's what you said. - [John] Yes, ma'am.
So if you are approaching a stop sign--
when I approach a stop sign, and if I know there's a stop sign there,
I start applying my brakes a little bit before.
Now I do drive with some people
who sort of like to play chicky with a stop sign, you know?
Maybe the stop sign is gonna move.
Maybe it's going to become a welcome mat,
so they wait until they get right up to it
and put their brakes on.
But that's not what you told me you did.
No, ma'am.
Okay, so now I'm going to say if you were going very slowly, sir,
approaching a stop sign, you wouldn't have hit his car
with such force that you push him up on the curb. Okay.
Your defense is, to this action, as I said, that he was parked
and he had this car that was covered,
and it was parked facing the wrong direction,
which is totally irrelevant as to what facing the wrong direction.
Not according to Texas state law.
It's covered over, so you don't know which direction it was facing
and certainly, the light wasn't on it. If you're st--
I've-- I've-- I've passed, like, I've passed this--
I didn't ask you for anything!
You weren't there.
- Yes, ma'am. - [Judy] You weren't there.
- Yes, ma'am, but-- - She lives in the neighborhood.
- - - She drives by it every day. - [Heather] I lived in this neighborhood--
- for--for seven years. - [Judy] Just a second!
What do I need that for? I have a video.
[John] Okay. Did you see the stop sign in the video?
No.
You have no idea how close I was.
You just told me you were approaching a stop sign.
- Yeah, there is a stop sign. - [Judy] Would you read that back to me?
- Would you--? - There is a stop sign.
Would you read that back to me?
"I was approaching a stop sign."
Does he say "I slowed down,
I was approaching a stop sign"?
I don't remember.
- [John] I didn't say-- I did not say-- - [Heather indistinct]
Now you can leave.
- [John] I did not say I was slowing down. - Now you can leave.
[John] I did not say I was slowing down. I said I was approaching a stop sign.
Okay, that's what I thought, but that's why we have Whitney.
He says he was approaching a stop sign, an intersection by the plaintiff's house.
"And I can see either a reflection or what
I see lights headed in my direction, so I swerve--"
Okay, I would like to see that video again one more time.
I would like to see if I see something coming towards you.
Actually, I don't see another vehicle coming towards you.
Is that a truck parked there?
It's a food truck behind it. It's like catty corner to his vehicle.
There's a food trailer there that had all of the light, like right--
[Judy] A food truck on the other side of the street.
- Yes, ma'am. - A food truck that you could see.
But that's parked-- - -[John] Well, I-- - I assume
since there was no actual lights coming,
I assume maybe that's what reflected, light reflected off of.
You don't assume anything.
All you know is you saw something that made you swerve.
- Yes, ma'am. - [Judy] Whether it was there or not there.
So am I getting the fact that your total defense is based on
the fact that his car shouldn't have been parked there?
Yes, ma'am. Or covered.
Yeah, well but that's a fineable offense, Mr. Gilbert. That fineable--
Fineable if it doesn't cause an accident.
No, I don't think it caused the accident. You caused the accident.
- You caused the accident. - [John] I didn't cause the accident.
That's an inert object.
According to my HOA guidelines,
that vehicle is supposed to be in his garage.
According to Texas state law, it's not supposed to be on the road.
And I'm going to tell you I absolutely agree with you that
that's a fineable offense if his car is parked.
- So he's-- he-- - [Judy] You're trying to interrupt me.
- Okay. - [Judy] That it's a fineable offense.
The question is,
is his car being parked illegally,
the proximate cause of this accident?
- That's the question. - You're damn right it is.
Would that be a fair--?
I didn't ask you a question unless you went to law school.
- Huh? [indistinct] - [Judy] Not unless you went to law school.
Am I in the realm? You're closer than that.
You know, it was Palsgraf versus Long Island Railroad.
His car may have been parked in the wrong spot.
Yeah.
If you had somebody that left a baby carriage with a baby
on the street, which is certainly against the law
and would be a neglectful act on the part of the parent,
and if you happen to swerve up to avoid something
and hit that baby carriage,
you can't say that baby carriage is the cause of the accident.
- You're the cause of the accident. - [John] No, the carriage isn't--
No. The owner of the baby carriage is.
- No, you are. - No, they are.
[Judy laughs]
How am I responsible for their baby carriage?
Because your car is moving, sir,
and if you're approaching a stop sign, you're not supposed to be going--
If the vehicle wasn't covered, you could see the reflectors that are on it.
That's what they're there for.
Reflectors on what?
Yeah. Reflectors on the truck that's covered.
They have headlights, turn signals,
everything that's reflective that you could see.
There was no reflectors or signals for me to see to know it was there.
You would have hit it whether it was covered or not.
- That's horse... - [Judy stammers]
Very good. May I please see--
That's horse... [indistinct] could I see this?
Kevin, I want to see what he's got as far as work for the car.
[John sighs]
Okay, so this is clearly a project car, sir.
- [Bobby] Yes, ma'am. - Yeah, it's a piece of... It don't run.
- Get him out of here. - [bailiff] Let's go.
[Judy] He's done.
- [Judy] He's done. - Okay.
[bailiff] Here you are.
Oh, that makes my life so much easier.
[narrator] And later today...
[Judy] You know, you wanted to go,
there was no reason why you couldn't,
that's why you drive a motorcycle.
'Cause you can get into tight places, and you can go.
What, you look like an intelligent young woman.
Thank you, Your Honor.
[Judy] Don't take chances.
That was a chance. It could have been a lot worse.
♪
[narrator] Bobby Gonzales claims his neighbor John Gilbert
hit his classic pickup truck.
John is countersuing for car damage and harassment.
By the way, both the defendant and his wife have a counterclaim.
Their counterclaim is for damages
to their car and for harassment.
Well, since neither one of them can keep control of themselves,
the counterclaim is dismissed.
I'm looking at this truck, Mr. Gonzales.
When did you purchase it, sir, and from whom?
In October of... last year.
I purchased it online.
Do you have the bill of sale from when you purchased it?
I don't have the bill of sale, but on--on the paperwork,
I have the post on Facebook and how much I paid for it.
- It was for $8,000. - [Judy] Okay.
I also have an appraisal on there as well.
I see the appraisal, but I don't have what it's going to take
to fix the spot where he damaged the car.
He damaged the car in this whole side end.
- Yes. - I mean, he's not going to give you
a classic car.
- Well, I know he's not. - [Judy] That's not going to happen.
- I know. [chuckles] - [Judy] Okay. That's not going to happen.
And certainly, you do understand
that I'm not awarding you anything close
even though they're two obnoxious people,
anything close to $10,000. You do understand that, Mr. Gonzales.
You're going to have to get this car fixed right now.
I'm looking-- where is an invoice for either the work you had done
or an estimate to fix that part of the car that he injured?
I cannot give that to you,
- because the vehicle is a classic. - [Judy] Then I don't have it.
It's very hard to find that type of vehicle.
Well, then what you're asking me is to guess, so--
Well, I can give you the rates as far as how much.
- You can't give me anything. - [Bobby] Okay.
You have to take the car into somebody who deals with classic cars.
This is a 70-year-old truck, and it's certainly beat up.
You had it covered for a long time.
It shouldn't have been on the street. You do know that?
And I assume that since it's not driven, you didn't have it insured.
Well, I took it out for Halloween, you know, just for the kids.
Well, I mean, where do you suggest
that I conjure up a figure of $10,000
when you have a car that's a year old that has never been driven,
that you take out as a Halloween ornament.
So, let me explain this to you. I have to guess at a figure.
I would be prepared to award you $2,000 to fix your car,
because I did see that it had to be damaged
as a result of the damage to the defendant's car.
If you feel as if you would fare better in your local small claims court
where this case came from,
because I have dismissed their counterclaim,
I will dismiss your case without prejudice,
and you could take it back to the lower court.
- Take your choice. - I'll go ahead and take it from you.
I know I'm not going to get anything from them.
Very good. Judgment for the plaintiff in the amount of $2,000.
Counterclaims dismissed. Fix your car. Thank you.
[bailiff] This court is adjourned.
Well, I didn't agree on the price, but with them kind of people,
I'm not going to get my money back.
Uh, it's time to get it repaired.
[Sarah] I think you have to be a certain kind of person
to not take any accountability when you hit a stationary object.
I'll admit I think that it was probably a 90%-10% split.
10% plaintiff's fault for parking on the street.
I looked up the section code in Texas and did find that
if you leave a car longer than five days on the street,
you're in violation of a code.
But like you tried to explain to the very hot-headed defendant,
that's a fineble offense.
That doesn't mean you can ram into it with your vehicle and not be at fault.
I just don't know how you take zero accountability
- after hitting a stationary object. - I don't know either,
but that's, I think, a problem with a country that's grown up
in the last 50 years, that it's never your fault.
- Yup. - [Judy] It's always somebody else.
It's the state's fault, it's the city's fault.
It's somebody else's fault.
And it's sad, because I know that there was lots of acrimony
- [Sarah] Mm-hmm. - between the two of them without it.
But they were hotheads.
This is the first time you ever saw me send somebody out.
- [Sarah] A long time. - [Judy] Yeah, a long time.
- A long time since I've seen it. - [Judy] Yup.
But when they're clearly not getting the message and they're being hostile,
that's not the proper way to come to court.
- No. - Especially when you're in the wrong.
All right, but they have to live near each other.
I hope that they get-- sort of get it together.
- Just keep your fingers crossed. - [Judy] Yeah.
Case 2067. Garcia versus Tarin. All parties, please step forward.
[narrator] Amari Garcia is suing fellow motorist April Tarin
for damages from a motorcycle accident.
This is a case that's about an automobile motorcycle collision.
Each one of you claims that the other is responsible for the collision.
Miss Garcia, you were riding a motorcycle?
- - - Yes, ma'am. - And you were in your car?
Yes.
[Judy] Okay, and this happened on what date?
March 21, 2022. Around 3:00 p.m.
- In what state? - California.
In the state of California, are you required
to have insurance on a motorcycle?
- Yes, Your Honor. - [Judy] Just liability.
Liability if it's paid for in full. Correct. Yes, Your Honor.
And were you insured on that date?
- Yes, Your Honor. - And you were driving a car?
Yes.
[Judy] And was your car insured on March 21, 2022?
- Not at the time. - [Judy] So the answer is no.
No.
Did you have a valid driver's license on March 21, 2022?
- Yes. - [Judy] From what state?
- California. - [Judy] What kind of car were you driving?
Um, 2011 Nissan Sentra.
Was it a new car for you, or what-- did you have for a while?
It's a new car. I purchased it three weeks prior to the incident.
And if you bought it three weeks before,
how come you didn't have liability insurance?
I was looking for insurance.
And plus, at the time, I hadn't received my paperwork.
It was still in the other person's name at the used car dealership
- that I bought it from. - Your Honor--
You know you're not supposed to be
driving a car, Ms. Tarin, without insurance.
Yes, I'm aware of that.
[Judy] Okay. You want me to say something?
Yes, Your Honor. Thank you.
I have proof that April Tarin purchased her vehicle February 8th, 2022.
She drove uninsured for 41 days, and it was not from a lot.
It was from someone off the street.
I have the proof for that.
- I'd like to see it. - Yes.
Thank you.
For $2,050.
[Judy] Well, this car that you registered,
the selling price was $2,050 according to this.
No, it wasn't. And--
Well, I'm going to show you Vehicle and Transfer Law.
This is 2011 Sentra, and it was signed...
but it's LLC. That's his company.
Okay, so it wasn't off the street, but it said the selling price was $2,000.
That's what this says.
I don't have my, uh, paperwork in my car.
[Judy] I want to show-- I want to show this to her.
I just want to get some basic facts first,
and then I'm going to go to the incident.
But that's to... And--
No, no, the person, the seller.
Uh, you know, I have my paperwork in my car.
Well, but you understand that what it said?
I understand what you said because it's right there.
- [Judy] That's-- - Yes.
Okay. We have a diagram.
This happened on March 21, 3:00 in the afternoon.
You had no insurance, and you were traveling in the bike lane.
[Amari] No, that is not true.
I shared the lane of the car in the right.
I would never go into a bike lane.
That is disrespectful to the road and riders.
Just a second. Are you allowed to share a lane
with a car in a motorcycle?
That is your right. Yes.
[Judy] I know Foothill. Is that where you were?
[Amari] Yes, Your Honor.
[Judy] And at a certain time during the day,
- Foothill becomes very trafficked. - Yes.
And the cars sometimes get stopped because there's a light, right?
Yes, Your Honor.
Go over to there, Miss Garcia, and show me, please...
where you were positioned before you say
that you were traveling in the same lane as a car.
Your Honor, I was directly behind this car.
- Okay, you were directly behind that car? - [Amari] Yes.
[Judy] And that car was stopped.
They were slowing to a stop.
No, they were stopped because they had to have been stopped,
because that's why you went around him.
[Amari] They were slowing to a stop.
By the time I got around here, they were stopped.
I didn't want to veer into here.
I was slowing down. It was around 25 mph.
This lane at the time was too close,
so I shared this lane on this side.
Miss Garcia. I got it, Miss Garcia,
you want me to appreciate the fact that you wanted to get around
the stopped car and you wanted to continue to go straight. Correct?
You weren't turning, you wanted to go straight.
I was going straight. Correct.
And so you want me to picture in this tiny mind of mine
that instead of going into a perfectly clear bike lane,
you inched your way at 25 miles an hour
- in the same lane as a stopped car? - [Amari] Yes. But this diagram--
You know, I find that hard to believe, Miss Garcia.
- Your Honor-- - I really find that hard to believe.
You may be in the right with regard to this,
but I find it hard to believe.
The roads are very wide.
I have the actual police photo document of that.
- I'd like to see it. - [Amari] Yes, your Honor.
And I'd like to see the police report as well.
- Is there a police report? - It's attached to this.
Fine.
Because as you were traveling straight, the defendant was making a left turn.
She was making a left turn because the two cars there were stopped,
and those were the only two traffic lanes there.
Now, I don't know whether she could see
whether it's a motorcycle or a bicycle
traveling in the bike lane,
but what happened was, she was making a left turn.
According to this, you went into her passenger side,
is that correct?
Yes, Your Honor.
♪
So where is the motorcycle now?
I no longer have it. The towing company, they sold it.
What are you driving around in now?
1995 Chevy Beauville.
- - - Attagirl! - [laughs]
♪
[narrator] Amari Garcia is accusing fellow motorist
April Tarin of damaging her motorcycle.
April claims Amari was illegally driving in the bike lane.
Who was in the car with you, Ms. Tarin?
My son and his girlfriend.
One of them had an injury.
Yes, um, my son's girlfriend.
She was in the driver's passenger side,
and while I was turning into the lane,
I just saw the crash and saw glass going into my car,
and then she was cut.
Okay. And you had an injury to your knee?
Yes, I have several injuries, and I have photos as well.
You understand, Ms. Tarin, that the police interviewed witnesses.
The witnesses were in the stopped cars.
Yes.
And at the end of all of their interviewing process,
they determined that you were the cause of the collision?
- That's what it says. - And I don't--
It says that you caused the collision
by violating vehicle traffic law 21.8001,
"failure to yield when making a left turn.
I determined the cause based upon the parties involved
and the physical evidence."
That's what the police determined.
Okay, well, then that's an easy--
based upon the police report,
because each of you are going to tell two different stories
about what happened that day.
Police were there, they looked at the physical evidence,
they looked at the injuries, they looked at the damage to the roadway.
They interviewed independent witnesses, and that was their determination.
I understand, Judge, but the police report had some inconsistencies where,
like, she was driving in the bicycle lane, which is against the law.
And what I was doing, I was making the left turn, as you know,
and these two front cars, which one of them was a witness--
Yes. That car paused to let you make a left turn.
Yes. Both lanes. And I--
[Judy] No. No. You said both lanes.
Both lanes paused.
- That's what you say. - Yes.
That's what you say. That's not what this says.
But they both did. And as I was approach--
- I'm just telling you. - [April] No, I know,
- Yes. I'm just telling you. - that's why I said-- [chuckles]
That's not what this is.
- That's what you say. - Exactly.
There was nothing that prevented those two cars from going.
- Exactly. - [Judy] There wasn't a traffic light.
There wasn't a stoplight at that spot.
- Yes. - [Judy] And there was heavy traffic.
Yes.
So it's your responsibility to make sure if you're making a left turn,
that you have to yield to all oncoming traffic.
- I know. - [Judy] So the fact that you didn't
see her is really not relevant.
And as long as you understand
that this police report supports Miss Garcia's claim
that you caused this accident by making a left turn
when you shouldn't have been making a left turn.
That's what this is. And that, you know,
at the end of the day, it's an accident.
That's why it's not called an "on purpose."
It's called an accident. Neither one of you anticipated it.
As far as I'm concerned, Miss Garcia,
you're entitled to be compensated.
But I'm going to suggest this to you.
If I'm driving a motorcycle, which I would never do,
just for me, I think it's wacky.
I think there are enough crazy people driving around
that I like about 2000 pounds of steel around me
so that if somebody who is not paying attention
and there's an accident, I like to be safe.
My first car, when I was 17, all my friends were getting these
cute little cars, you know, that were convertibles.
And my father bought me
a 15-year-old blue and white Cadillac sedan.
- It was so embarrassing - Oh.
[Judy] to drive around in that car. It was a boat.
"Aw, come on."
Everybody else is getting these cute little Corvettes,
even if they're used ones.
And my father, who loved me a lot,
said to me, "Sweetheart, if you get into the accident,
I want you to come out unscathed.
And this ensures that you got a shot if you get into an accident."
And I feel better.
So I'm just telling you, if you're going to drive a motorcycle,
don't take shortcuts.
I know this place on Foothill, and I know what happens here.
You know, you wanted to go,
there was no reason why you couldn't.
That's why you drive a motorcycle,
'cause you can get into tight places,
but you look like an intelligent young woman.
Thank you, Your Honor.
Don't take chances. That was a chance.
It could have been a lot worse.
What was the damage to your motorcycle?
I have pictures. Would you like to see them, Your Honor?
- I would. - I did look it up.
Lane-splitting motorcycles is legal in California
based on the California Highway Patrol.
[Judy] Okay, I see the pictures.
So where is the motorcycle now?
I no longer have it. The towing company, they sold it.
They sold it for $70, they claim. And I got hit with collections afterwards.
I have the bill for that if you'd like to see that.
- How much did you pay for it? - $6,407.
- Do you have the bill? - Yes.
I'd like to see it.
For my motorcycle, what I paid for, correct?
Yes, what you paid for it.
What are you driving around in now?
A 1995 Chevy Beauville.
Attagirl!
[laughter]
Attagirl.
Okay.
I'm giving you the value of the motorcycle.
- Thank you, Your Honor. - Which is $6,407.
I'm not splitting whose fault this was, actually,
but I'm not awarding you any punitive damages for her.
She had injuries in her car.
You were slightly injured, but both of you seem fine now.
I don't think that you were careful enough
when you were going straight and around that car that was stopped.
But the defendant didn't have insurance
and she was cited by the police for violation of a traffic law.
So I'm giving you the cost of your motorcycle.
- Thank you, Your Honor. - [Judy] Judgment for the plaintiff.
[bailiff] This court is adjourned.
So I actually ended up, after the car had made impact with me,
the bike went that way. I went up into the air...
It was really frightening. Um...
I hit the ground, I hit on my elbow.
I've never experienced that before.
I was really scared. I thought, "This is it, my legs are out."
And like I said, I was being cautious. And...
And thankfully. Thankfully, I wasn't.
But it ended up in that kind of situation.
Definitely more safely as far as better gear and, you know,
like she said, don't take a shortcut or anything of that sort.
[Sarah] So I looked up lane splitting and in California,
it's one of the few states that allows it for motorcyclists.
It does say inexperienced riders shouldn't attempt it because,
like we see, it's very easy to get hit
or for someone not to see you
if you're splitting between lanes, but it is legal.
So she wasn't in the wrong by lane splitting,
but I think it was a sticky situation.
You're behind a car, someone's turning.
What does it say if you're injured?
It does say on the Highway Patrol website that you're splitting at your own risk,
so any injuries that happen are at your own risk.
So they say if you are lane splitting, it's not illegal...
[Sarah] Mm-hmm.
But if you have injuries as a result of a accident,
if you're lane splitting, you're responsible for your own injuries.
It doesn't say it in a legal term that I could really stick to,
but it says it's risky, "we're acknowledging that it's risky.
You have to assume the risk of lane splitting if that's what you choose."
- [Judy] Okay. Interesting. - Yeah.
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