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{\an8}You were not given 30 days' notice.
You were given a three-day notice.
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She's yelling,
"Here, I'm giving you this notice,"
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and threw the paper in my face.
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Do you have a copy of it?
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I don't have a copy of that.
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Why not?
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That's the whole point of this.
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This is Judy Justice.
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{\an8}Melissa Duran is suing
her former property manager,
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{\an8}Tracy Shaw, for wrongful eviction
and an assault.
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Court, come to order.
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All rise.
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Be seated, please.
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Case 2097, Duran versus Shaw.
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- Thank you.
- You're welcome.
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Miss Duran, the defendant
is the property manager
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{\an8}at a place where you used to live?
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- {\an8}-
- Yes.
- And you are suing her
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for evicting you from that place?
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You want a whole bunch of money.
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You're suing her for $10,000,
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for your moving expenses,
for assault, for emotional distress,
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because you had to move.
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Miss Shaw says that your behavior
caused you to be evicted.
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You violated the rules,
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and that's why you were served
notice of eviction.
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So first, let me know
when you started living
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at the property that is managed
by the defendant.
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In 2019.
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Did you have a lease?
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Yes, I did.
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Do you have a copy of that lease with you?
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Yes, I do.
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I'd like to take a look at it.
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Okay, so this initial lease
was August of 2019,
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and it terminated on July 31st, 2020.
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It provided for three people
to live in the apartment.
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Okay. Was the lease renewed?
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- Nope.
- Okay.
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{\an8}And so then you became
a month-to-month tenant?
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{\an8}Yes.
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And that was in February of 2020.
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They also increased the rent.
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That's okay,
they're allowed to do that.
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- That's a business.
- No, I know.
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They're allowed to do that.
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When your lease was extended
on a month-to-month basis
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after February of 2020,
would you tell me
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if the same people lived in the apartment
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as were on the original lease?
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No.
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So more people moved in?
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- Yes.
- Who?
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That would be my sisters
and my mother.
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- Sisters?
- Yes.
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- Two sisters?
- Yes, they were--
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And when did they move in?
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{\an8}Maybe about, uh...
maybe 2020, maybe.
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{\an8}I'm not...
couldn't really be positive.
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So that would have been
in violation of your original lease?
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Yes.
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And it was an apartment
that you were renting.
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Yes.
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And the apartment complex has a pool.
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Yes, it does.
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And the incident around
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the circumstances
surrounding this eviction
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that was served on you,
that happened in what month and year?
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It was in June of this year.
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How long, Miss Shaw,
have you been the property manager?
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{\an8}Since the end of November of last year.
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{\an8}- November of 2021?
- Yes.
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{\an8}And in November of 2021,
did you know that
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there were additional people
living in the house?
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- Yes.
- And did you tell her that
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they had to vacate,
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that it was in violation
of the underlying lease?
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I had that morning, actually,
when the confrontation happened.
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No, I'm talking about...
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Shh. Pay attention.
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- I...
- My question was, did you
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register any complaint with the plaintiff
about the additional people living there?
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Be very careful that you tell me the truth
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because I know that you think
you may know where I'm going,
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but you don't.
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Did you make any complaint to her
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November, December, January, February,
March, April, or May?
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The answer is either "yes" or "no"
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about the other people
living in the house.
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No.
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So I guess I'm going to start with you,
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because an incident occurred
that resulted in her being evicted,
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that you're serving her
with a notice of eviction.
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- Right.
- Tell me when that took place,
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because I have to know
what your reason was.
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- That's a fair statement?
- Yes.
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- Right.
- Okay.
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So in June '22, like I said,
that morning, I had served--
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What morning?
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June 21st or something, I believe.
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What kind of letter
were you serving on her?
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Um, I just gave them, mine is,
it's just a complaint notice,
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you know, saying that--
- Do you have a copy of that?
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I may.
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Do you know
what she's talking about?
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Yes, I have a copy.
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I'd like to see it.
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There you go.
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Okay, well, this is a letter
that says, "You and your company
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were eating and drinking
in the pool area.
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Even after I told them to stop,
that it wasn't allowed,
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they did not stop,
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and there is absolutely no eating
or drinking in the pool area."
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Okay.
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- So that's the letter she served to you.
- Yeah.
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And that was on June 21st.
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- That's the letter she threw at me.
- Now, who was eating...
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Who was eating
and drinking in the pool?
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- That would be my sister.
- That wasn't just your sister.
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No, it was her and her family.
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{\an8}No, no, just a second.
Let's get it together.
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{\an8}So your sister
who wasn't supposed to be there,
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but they sort of let that skate.
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- Oh, well--
- Who wasn't supposed to be there.
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- Okay.
- Okay, so your sister and who else?
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That would be my sister,
her boyfriend,
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and two of her friend--
or three of her friends, I think.
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Had they ever been
to the pool before?
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My sister has, but not her friends.
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So the person who wasn't
supposed to be living with you,
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- that's your sister...
- Yes.
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...invited her boyfriend
and three other friends to the pool.
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She called and asked if it was okay first.
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- She asked you?
- Yes.
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- And you said fine?
- Yes.
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You didn't call the manager?
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- No.
- Okay.
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And you are aware that there's no eating
and drinking in the pool?
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That's not what it says on my lease.
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{\an8}- Is that what it says at the pool?
- Nope.
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Does it say anywhere in the house rules?
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{\an8}Nope.
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- "Nope" is not an answer.
- Oh, I'm sorry. No.
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- The answer is "no." No.
- No, ma'am, it is not.
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Now, you've been living there
for a long time.
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- Do you use the pool?
- Yes, I do.
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Ever had any trouble in the time
from November of last year?
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No.
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- Ever had any complaint?
- Nope.
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- "Nope" is not an answer.
- No. Sorry, sorry, sorry.
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- I'm sorry.
- "No" is the answer.
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{\an8}- No, no complaint.
- Yeah. Okay, no, sorry.
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{\an8}Okay, and did you discuss
with your sister and her friends
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that there were any rules
that she had to abide by?
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No, I did not,
because I was not home yet.
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Stand up.
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- First name is?
- Aleah.
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You were there,
boyfriend and three girlfriends.
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- Any children?
- No.
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- You know this lady?
- Yes.
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What happened
when she came to tell you
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that there was no eating
or drinking at the pool?
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So we were standing--
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Just what happened when she told you.
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She came screaming at us,
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telling us that we needed to get
the food out and that we needed to go.
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Get the food out.
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What kind of food had you brought in?
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{\an8}It was just pizza and, like, a soda
and watermelon.
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{\an8}So it wasn't a piece of fruit.
You were having a meal there.
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- Pizza and food.
- Yes.
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Had you ever seen your sister
bring food into the pool area?
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Snacks, yeah.
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Yeah, I'm not talking about snacks.
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Did she ever bring food
into the pool area?
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No.
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What prompted you to order food
into the pool area?
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It was a hot day and we were hungry,
and I'm not sure.
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You asked your sister if it was okay
if you and your friends came?
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Yes.
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Since you never saw anybody.
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Because usually there are signs
posted around a pool.
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Yeah.
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I've lived in enough places to know,
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and the pool signs usually say
"No jumping in the pool,"
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"No food or drink
around the pool," right?
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- Yes.
- Most pools say that.
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Yes.
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Did this pool say that?
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{\an8}It just said, like you said,
"No jumping in the pool
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{\an8}and no diving,
um, to come into the pool."
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{\an8}But it never said nothing about food,
drinks, nothing like that.
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- Really?
- Yes.
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Okay, so now you please
establish to me, Miss Shaw,
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that there was notice that
there was no food and drink at the pool.
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- Their pool addendum.
- May I see?
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00:08:02,233 --> 00:08:04,533
And then also no guest addendum.
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Just a second.
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00:08:05,867 --> 00:08:07,400
- It's all part of their--
- Hold on.
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00:08:08,567 --> 00:08:10,100
You're Melissa Duran?
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00:08:10,166 --> 00:08:11,166
Yes, I am.
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00:08:11,233 --> 00:08:12,400
- And that's your signature?
- Yes.
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00:08:12,467 --> 00:08:17,300
Yes. "The pool is reserved exclusively
for the use of residents of the building."
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00:08:17,367 --> 00:08:18,767
- That's what it says.
- Okay.
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00:08:18,834 --> 00:08:19,834
That's what you signed.
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00:08:19,900 --> 00:08:21,633
"No diving in the pool area.
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00:08:21,700 --> 00:08:23,867
No intoxicated persons."
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00:08:23,934 --> 00:08:28,433
Okay, I just want you to show me here.
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00:08:28,500 --> 00:08:30,600
First of all,
the only thing that they are violating
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00:08:30,667 --> 00:08:34,734
is that "Pool is reserved exclusively
for the residents of the building."
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00:08:34,800 --> 00:08:36,900
That's in here,
but I don't see anything about food.
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00:08:36,967 --> 00:08:40,734
The new pool addendum
wasn't part of their contract.
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00:08:40,800 --> 00:08:45,100
{\an8}So when we put out the new one,
it was for more updated tenants.
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00:08:45,166 --> 00:08:48,400
- {\an8}-
- But we didn't serve them on the pool.
- Just a second.
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00:08:48,467 --> 00:08:49,633
We served them on the guests.
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00:08:49,700 --> 00:08:52,600
Is what you're saying to me,
the only thing that she signed is this
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00:08:52,667 --> 00:08:56,033
and there is no sign around the pool
that says no eating or drinking?
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00:08:56,100 --> 00:08:57,367
There is a sign by the pool.
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00:08:57,433 --> 00:09:00,066
- Do you have a copy of it?
- I don't have a copy of that.
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00:09:00,133 --> 00:09:01,767
Why not?
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00:09:03,567 --> 00:09:07,900
I texted her that I was sorry
that they had food in the pool
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00:09:07,967 --> 00:09:08,967
and I did not know that.
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00:09:09,033 --> 00:09:11,533
So that you knew they weren't supposed
to have food in the pool?
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00:09:11,600 --> 00:09:13,100
Yeah, but I didn't know
they'd bring it.
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00:09:13,166 --> 00:09:15,700
Just a second.
That's not what I asked you.
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00:09:26,967 --> 00:09:28,467
Melissa Duran claims
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00:09:28,533 --> 00:09:31,567
{\an8}her former property manager,
Tracy Shaw,
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00:09:31,633 --> 00:09:34,800
owes for a wrongful eviction
and an assault.
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00:09:34,867 --> 00:09:36,033
Okay, go ahead.
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00:09:36,100 --> 00:09:40,066
Because she had moved in
prior to them changing the pool addendum,
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00:09:40,133 --> 00:09:43,767
I posted the new pool addendum
on all of the doors,
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00:09:43,834 --> 00:09:49,166
and I have actually text messages
of Melissa asking me, "Can we..."
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00:09:49,233 --> 00:09:51,300
You know, "No floaties?"
And I said, "Oh, of course."
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00:09:51,367 --> 00:09:53,767
- May I--
- You know, for children and what not,
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00:09:53,834 --> 00:09:55,567
- but not big floaties.
- Okay.
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00:09:55,633 --> 00:09:57,734
So she was acknowledging
the pool addendum that I had.
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00:09:57,800 --> 00:09:59,233
That I'll see.
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00:09:59,300 --> 00:10:01,900
Now, she's going to show me
your text messages to her.
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00:10:01,967 --> 00:10:04,433
- Yes.
- So you received the revised pool rules?
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00:10:04,500 --> 00:10:05,500
Yes.
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00:10:05,567 --> 00:10:09,433
And did the new pool rules
say anything about guests?
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00:10:09,500 --> 00:10:10,500
No, it did not.
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00:10:10,567 --> 00:10:14,834
So if it said nothing about guests,
you originally said that
244
00:10:14,900 --> 00:10:19,266
the pool was specifically reserved
for residents of the complex.
245
00:10:19,333 --> 00:10:21,567
- Yes.
- And according to you,
246
00:10:21,633 --> 00:10:25,300
the new pool rules, do they talk
about having floaties in the pool?
247
00:10:25,367 --> 00:10:26,367
Yes, it did.
248
00:10:26,433 --> 00:10:28,600
Did it talk about
having guests at the pool?
249
00:10:28,667 --> 00:10:29,667
Mm...
250
00:10:29,734 --> 00:10:30,800
Yeah, actually it did.
251
00:10:30,867 --> 00:10:32,100
And what did it say?
252
00:10:32,166 --> 00:10:35,100
There was no problem.
Just like on the original lease.
253
00:10:35,166 --> 00:10:37,867
- It was fine to have guests in the pool.
- No, no, no.
254
00:10:37,934 --> 00:10:39,767
No, that's not what this says.
255
00:10:39,834 --> 00:10:43,367
This says that the pool is reserved
for residents of the building only.
256
00:10:43,433 --> 00:10:47,033
Well, we were already told before
that it was fine to have guests.
257
00:10:47,100 --> 00:10:48,867
This is the contract that you signed.
258
00:10:48,934 --> 00:10:50,300
{\an8}Yes. Yes, I understand.
259
00:10:50,367 --> 00:10:52,633
So this is the first one that you signed.
260
00:10:52,700 --> 00:10:53,767
- This one.
- Mm-hmm.
261
00:10:53,834 --> 00:10:58,567
And absent anything else,
this says no guests at the pool.
262
00:10:58,633 --> 00:11:01,133
- This says residents only.
- Okay.
263
00:11:01,200 --> 00:11:05,834
You say that the new rules
allow you to have guests,
264
00:11:05,900 --> 00:11:07,166
or were they silent?
265
00:11:07,233 --> 00:11:10,300
There was nothing on there saying
that you cannot have guests.
266
00:11:10,367 --> 00:11:13,500
It was mainly just saying that
you cannot have floaties,
267
00:11:13,567 --> 00:11:16,367
you cannot jump or run into the pool.
268
00:11:16,433 --> 00:11:17,533
- So--
- Just a second.
269
00:11:17,600 --> 00:11:20,066
- Did it say anything about food?
- No.
270
00:11:20,133 --> 00:11:24,233
Is there a new sign posted
around the pool that talks about food?
271
00:11:24,300 --> 00:11:27,033
- No, it does not.
- All I want to see is, Miss Shaw,
272
00:11:27,100 --> 00:11:31,133
something in the new rules
that talks about food.
273
00:11:31,200 --> 00:11:32,967
And I'm getting very bored with this.
274
00:11:34,000 --> 00:11:36,600
Now, when Miss Shaw
came over and told you
275
00:11:36,667 --> 00:11:39,500
you couldn't have food,
you had to get rid of the food,
276
00:11:39,567 --> 00:11:40,600
about what time was that?
277
00:11:40,667 --> 00:11:43,533
Probably like 5:00, 6:00.
I'm not exactly too sure.
278
00:11:43,600 --> 00:11:46,467
And when had this food and stuff arrived?
Was it...
279
00:11:46,533 --> 00:11:49,433
We brought it.
We were coming in with the food.
280
00:11:49,500 --> 00:11:51,266
We walked in with the food. She...
281
00:11:51,333 --> 00:11:53,000
- I'm pretty sure she seen us.
- Just a second.
282
00:11:53,066 --> 00:11:57,467
So you and your group, five people,
walked in with dinner.
283
00:11:57,533 --> 00:11:58,967
- Yes.
- To the pool area.
284
00:11:59,033 --> 00:12:02,567
And did the dinner include
any alcoholic beverages like beer?
285
00:12:02,633 --> 00:12:03,633
No. No.
286
00:12:03,700 --> 00:12:05,100
What kind of drinks were there?
287
00:12:05,166 --> 00:12:06,967
It was Pepsi.
It was soda.
288
00:12:07,033 --> 00:12:09,500
And what happened
when Miss Shaw came over and told you
289
00:12:09,567 --> 00:12:12,100
you weren't allowed
to have the food at the pool?
290
00:12:12,166 --> 00:12:13,433
She came very aggressively.
291
00:12:13,500 --> 00:12:15,233
Okay, she came aggressively
and she said you're not allowed--
292
00:12:15,300 --> 00:12:17,633
She stormed out and screamed,
"Get the food out,
293
00:12:17,700 --> 00:12:18,700
and you guys need to leave."
294
00:12:18,767 --> 00:12:19,867
And so what did you do?
295
00:12:19,934 --> 00:12:21,367
I told her, okay, I'd get the food out.
296
00:12:21,433 --> 00:12:23,900
{\an8}And I made a call to my sister
to come help me with the food.
297
00:12:23,967 --> 00:12:25,767
- {\an8}-
- And as we were packaging--
- Where was your sister?
298
00:12:25,834 --> 00:12:26,834
{\an8}She was upstairs.
299
00:12:26,900 --> 00:12:30,433
{\an8}So when you came out with the food,
you came out of the apartment?
300
00:12:30,500 --> 00:12:32,734
No, we had just gotten there.
We had...
301
00:12:32,800 --> 00:12:34,734
We were coming from another pool area.
302
00:12:34,800 --> 00:12:36,233
What other pool area?
303
00:12:36,300 --> 00:12:37,300
My boyfriend's friend.
304
00:12:37,367 --> 00:12:38,633
We were going to swim at his pool,
305
00:12:38,700 --> 00:12:41,000
but it wasn't available
'cause there was too many people there.
306
00:12:41,066 --> 00:12:43,467
Were you at your boyfriend's house
during the day?
307
00:12:43,533 --> 00:12:45,867
No, I was at school,
and they were all at work,
308
00:12:45,934 --> 00:12:47,967
so we all just, like,
met up after everything.
309
00:12:48,033 --> 00:12:50,934
Okay, so you were asked by Miss Shaw
to get the food out,
310
00:12:51,000 --> 00:12:52,567
and then you called your sister?
311
00:12:52,633 --> 00:12:54,333
- Yes, and I told her--
- And then what happened?
312
00:12:54,400 --> 00:12:55,900
And I told her
she could come get the food
313
00:12:55,967 --> 00:12:58,333
while we swam or if not,
that we were going to leave.
314
00:12:58,400 --> 00:12:59,400
Why didn't you just get out?
315
00:12:59,467 --> 00:13:00,734
Well, 'cause I was trying to help
316
00:13:00,800 --> 00:13:03,000
'cause we were splitting,
like, the check, the money,
317
00:13:03,066 --> 00:13:06,200
so we're, like, splitting the pizza,
who's getting what, and all of that.
318
00:13:06,266 --> 00:13:08,266
And before we even could leave,
319
00:13:08,333 --> 00:13:11,166
she stormed out again, screaming,
saying, "You guys are getting a notice,
320
00:13:11,233 --> 00:13:12,300
you guys are getting a notice,"
321
00:13:12,367 --> 00:13:15,734
and running up the stairs to her
'cause she was coming out,
322
00:13:15,800 --> 00:13:18,433
and she was like, you know, like,
"Hey, like, what's going on?"
323
00:13:18,500 --> 00:13:20,166
And then she was like,
"You guys are getting a notice.
324
00:13:20,233 --> 00:13:22,066
I'm tired of everybody,
like, not listening
325
00:13:22,133 --> 00:13:24,100
and coming to me with your problems."
326
00:13:24,166 --> 00:13:26,967
And then my sister was like, "Whoa, like,
you know, like, hey, like, relax.
327
00:13:27,033 --> 00:13:28,700
I'm coming to get the food."
328
00:13:28,767 --> 00:13:31,467
And then she threw the paper,
and my sister backed up like, you know...
329
00:13:31,533 --> 00:13:32,700
Okay, so what...
330
00:13:32,767 --> 00:13:35,400
So the letter,
she gave your sister the letter.
331
00:13:35,467 --> 00:13:36,467
It was a notice.
332
00:13:36,533 --> 00:13:38,734
She gave you the paper that said,
"This is a complaint.
333
00:13:38,800 --> 00:13:42,367
There are people in the pool
who are eating, drinking.
334
00:13:42,433 --> 00:13:45,166
They don't belong here,
they're not," whatever she said.
335
00:13:45,233 --> 00:13:46,667
- "Here's your notice."
- Yes.
336
00:13:46,734 --> 00:13:49,567
Okay. And that was on the 21st of June,
then what happened?
337
00:13:49,633 --> 00:13:54,800
{\an8}Well, after she threw the paper at me,
um, she turned back around,
338
00:13:54,867 --> 00:13:58,233
still yelling,
and she stomped down the stairs,
339
00:13:58,300 --> 00:14:01,767
and I'm trying to tell her,
"You didn't give me time
340
00:14:01,834 --> 00:14:03,166
to come and get the food."
341
00:14:03,233 --> 00:14:04,233
And? And?
342
00:14:04,300 --> 00:14:06,100
And she slammed,
she ran back in her apartment,
343
00:14:06,166 --> 00:14:07,200
slammed her door.
344
00:14:07,266 --> 00:14:09,967
And she went back to her apartment
and you went where?
345
00:14:10,033 --> 00:14:11,266
Back into my house.
346
00:14:11,333 --> 00:14:12,333
Okay, you went
back into your house.
347
00:14:12,400 --> 00:14:13,400
- Yes.
- So what did you do
348
00:14:13,467 --> 00:14:14,467
when you went back?
349
00:14:14,533 --> 00:14:19,133
When I got back there, I texted her,
telling her that I was sorry
350
00:14:19,200 --> 00:14:21,633
that they had food in the pool
and I did not know that
351
00:14:21,700 --> 00:14:23,166
because I did not know at the time.
352
00:14:23,233 --> 00:14:24,300
Just a second.
353
00:14:24,367 --> 00:14:25,734
So, Miss Duran, so that...
354
00:14:25,800 --> 00:14:26,800
Let's cut to the chase.
355
00:14:26,867 --> 00:14:30,867
So that you knew they weren't supposed
to have food in the pool, only snacks?
356
00:14:30,934 --> 00:14:32,567
Yeah, but I didn't know they'd bring it.
357
00:14:32,633 --> 00:14:33,767
Just a second.
358
00:14:33,834 --> 00:14:35,500
- That's not what I asked you.
- Okay, I'm sorry.
359
00:14:35,567 --> 00:14:38,567
You knew that
there was no food in the pool,
360
00:14:38,633 --> 00:14:40,667
only water and snacks.
361
00:14:40,734 --> 00:14:42,767
- Okay, yes.
- So you knew that?
362
00:14:42,834 --> 00:14:43,867
- Okay, yes.
- Okay.
363
00:14:43,934 --> 00:14:47,200
Now, if you know that
and you have given...
364
00:14:47,266 --> 00:14:48,300
I'm just telling you what the law is.
365
00:14:48,367 --> 00:14:49,367
Mm-hmm.
366
00:14:49,433 --> 00:14:51,300
If you know that,
that there is a rule,
367
00:14:51,367 --> 00:14:55,667
and you don't convey that,
that's your problem, okay?
368
00:14:55,734 --> 00:14:58,000
- Okay.
- All right, so that's June 21st,
369
00:14:58,066 --> 00:15:02,066
when guests that you agreed
to have in the pool,
370
00:15:02,133 --> 00:15:04,266
you didn't know that
there was food there,
371
00:15:04,333 --> 00:15:06,433
you knew that there wasn't supposed
to be food there,
372
00:15:06,500 --> 00:15:09,200
that knowledge is imparted to your guests.
373
00:15:09,266 --> 00:15:11,266
That's a legal assumption.
374
00:15:11,333 --> 00:15:13,700
I want to know what happened
after June 21st.
375
00:15:13,767 --> 00:15:16,567
When were you served
with a three-day notice to quit?
376
00:15:16,633 --> 00:15:18,834
I believe it was on the 24th.
377
00:15:18,900 --> 00:15:19,900
I'd like to see it.
378
00:15:19,967 --> 00:15:24,166
Okay. I have three of the same,
they sent me three of them.
379
00:15:24,233 --> 00:15:25,233
I just have to see one.
380
00:15:25,300 --> 00:15:31,000
Did the attorney who you say you
gave by a cash app, by a cash app,
381
00:15:31,066 --> 00:15:32,600
return any of the monies?
382
00:15:32,667 --> 00:15:36,200
Okay, well, you served
this three-day notice to quit,
383
00:15:36,266 --> 00:15:40,600
Miss Shaw, and in it, you're alleging
threatens to commit a crime.
384
00:15:40,667 --> 00:15:42,567
So I assume that the person...
385
00:15:42,633 --> 00:15:46,100
It talks about a statement,
threatens to commit.
386
00:15:46,166 --> 00:15:48,166
I assume that the threat
was directed to you.
387
00:15:48,233 --> 00:15:49,233
Yes.
388
00:15:49,300 --> 00:15:51,700
In any event, you were given
a three-day notice to quit,
389
00:15:51,767 --> 00:15:55,800
but actually you managed
to get that extended to 30 days.
390
00:15:55,867 --> 00:15:56,867
Yes.
391
00:15:56,934 --> 00:15:59,934
And one of the things that
you had to do was to hire an attorney.
392
00:16:00,066 --> 00:16:01,066
Yes.
393
00:16:01,133 --> 00:16:02,567
And when you hired an attorney,
394
00:16:02,633 --> 00:16:04,700
did you hire an attorney
and pay a retainer?
395
00:16:04,767 --> 00:16:05,767
Oh, yes, I did.
396
00:16:05,834 --> 00:16:09,266
Okay, I'd like to see proof
of what you paid the attorney.
397
00:16:09,333 --> 00:16:12,633
I don't think I bring the one
that pertained to the lawyer.
398
00:16:13,800 --> 00:16:19,233
What I do have is him finding out
what the criminal act was.
399
00:16:19,300 --> 00:16:21,200
No. You're a month-to-month tenant?
400
00:16:21,266 --> 00:16:22,266
{\an8}Yes.
401
00:16:22,333 --> 00:16:24,967
{\an8}Landlord has a right
to give you a 30-day notice
402
00:16:25,033 --> 00:16:27,200
{\an8}and say you have to quit the premises.
403
00:16:27,266 --> 00:16:28,667
You have no legal right to be there.
404
00:16:28,734 --> 00:16:32,333
My only question is,
you were not given 30 days' notice,
405
00:16:32,400 --> 00:16:34,066
you were given a three-day notice,
406
00:16:34,133 --> 00:16:36,700
and I'm not actually convinced
that there was a basis
407
00:16:36,767 --> 00:16:38,600
to give you a three-day notice.
408
00:16:40,467 --> 00:16:44,266
If I called him, would he tell me
that you paid him $1200?
409
00:16:44,333 --> 00:16:47,533
Yes, he would.
Though I still owe him $250.
410
00:16:47,600 --> 00:16:51,900
- So you paid him $950?
- Okay. Okay.
411
00:16:51,967 --> 00:16:52,967
What do you mean, "okay"?
412
00:17:04,667 --> 00:17:07,033
Melissa Duran has accused
413
00:17:07,100 --> 00:17:11,533
{\an8}her former property manager,
Tracy Shaw, of wrongfully evicting her.
414
00:17:11,600 --> 00:17:15,100
Tracy claims Melissa
was violating apartment rules.
415
00:17:15,166 --> 00:17:18,667
Now, if you got 30 days,
and the reason you got 30 days
416
00:17:18,734 --> 00:17:20,600
{\an8}is because you retained an attorney,
417
00:17:20,667 --> 00:17:24,934
{\an8}I'm prepared to look to see
how much you paid the attorney
418
00:17:25,000 --> 00:17:26,667
because that's an expense
that you have
419
00:17:26,734 --> 00:17:30,100
that you wouldn't have had
but for the three-day notice to quit.
420
00:17:30,166 --> 00:17:32,400
- They're entitled to tell you to leave.
- Yeah.
421
00:17:32,467 --> 00:17:35,233
I mean, you're there with too many people
living in the apartment.
422
00:17:35,300 --> 00:17:37,867
They've already had a kerfuffle
'cause you allowed your sister
423
00:17:37,934 --> 00:17:40,734
and her boyfriend and friends
to come to the pool.
424
00:17:40,800 --> 00:17:43,133
They were told no food,
they ignored 'em.
425
00:17:43,200 --> 00:17:47,266
But I don't think any of that
rises to the level of grounds
426
00:17:47,333 --> 00:17:49,500
to give you a three-day notice to quit.
427
00:17:49,567 --> 00:17:53,100
I think that if they want to tell you that
you have to be out in 30 days,
428
00:17:53,166 --> 00:17:55,033
that's reasonable, but they didn't.
429
00:17:55,100 --> 00:17:57,767
They gave you a three-day notice,
forcing you to hire an attorney.
430
00:17:57,834 --> 00:18:00,533
I'm prepared to give you
the attorney's fees if you prove to me
431
00:18:00,600 --> 00:18:02,500
that you paid an attorney.
432
00:18:02,567 --> 00:18:05,100
I do have proof of that,
but I do not have it with me.
433
00:18:05,166 --> 00:18:07,166
Okay, and how much did you pay him?
434
00:18:07,233 --> 00:18:08,467
That's an easy thing for me to verify.
435
00:18:08,533 --> 00:18:10,467
- Um, I believe it was $1200.
- No.
436
00:18:10,533 --> 00:18:12,033
I want you to think about it carefully.
437
00:18:12,100 --> 00:18:14,800
No, it was 1200
because he had lowered it.
438
00:18:14,867 --> 00:18:17,900
He lowered it from 1400 to 1200.
439
00:18:17,967 --> 00:18:19,800
And you paid him by check or cash?
440
00:18:19,867 --> 00:18:24,200
I paid him in Cash App,
is the only thing, only way I could.
441
00:18:24,266 --> 00:18:25,633
Did he go to court with you?
442
00:18:25,700 --> 00:18:26,700
We never. We haven't.
443
00:18:26,767 --> 00:18:28,233
This is the first court
we have been to.
444
00:18:28,300 --> 00:18:30,066
So how did he get you 30 days?
445
00:18:30,133 --> 00:18:32,433
Because I got the three-day notice
446
00:18:32,500 --> 00:18:34,600
and it kept saying
I committed a criminal act.
447
00:18:34,667 --> 00:18:36,400
- Okay, let's--
- So that was the reason
448
00:18:36,467 --> 00:18:37,867
why I obtained the lawyer,
449
00:18:37,934 --> 00:18:40,433
so he can find out
what the criminal act was.
450
00:18:40,500 --> 00:18:45,200
And just by phone calls,
he got them to extend it to 30 days.
451
00:18:45,266 --> 00:18:46,266
- {\an8}-
- Yes.
- So you were never...
452
00:18:46,333 --> 00:18:48,200
{\an8}and you left after the 30 days?
453
00:18:48,266 --> 00:18:50,934
{\an8}I left before the 30.
I left on August 1st.
454
00:18:51,000 --> 00:18:52,400
Okay, and where did you go?
455
00:18:52,467 --> 00:18:55,567
I had to move all the way
to Atwater, California.
456
00:18:55,633 --> 00:18:57,233
- Is that where you live now?
- Yes, it is.
457
00:18:57,300 --> 00:18:58,467
And who lives with you?
458
00:18:58,533 --> 00:19:04,033
My husband and my young son.
That's it, just the three of us.
459
00:19:04,100 --> 00:19:07,300
We moved into a smaller,
more expensive place.
460
00:19:07,367 --> 00:19:09,934
- Okay, and you left your sisters.
- And my mother.
461
00:19:10,000 --> 00:19:12,133
- And your mother.
- They are somewhere completely different.
462
00:19:12,200 --> 00:19:15,500
- Okay. What do you...
- This is in their lease
463
00:19:15,567 --> 00:19:18,400
about disturbances and threats.
464
00:19:18,467 --> 00:19:20,433
Listen, I've already made a determination
465
00:19:20,500 --> 00:19:24,066
that the three-day notice
should have been a 30-day notice to leave.
466
00:19:24,133 --> 00:19:27,133
I don't think that
anything that I've heard today
467
00:19:27,200 --> 00:19:31,867
rises to the level of giving people
who have been in the apartment
468
00:19:31,934 --> 00:19:34,367
as long as they had,
especially over pizza,
469
00:19:34,433 --> 00:19:36,934
requires a three-day notice.
470
00:19:37,000 --> 00:19:39,233
So the only question
that I'm entertaining
471
00:19:39,300 --> 00:19:40,867
on behalf of the plaintiff
472
00:19:40,934 --> 00:19:44,166
and the only monetary award
that I'm going to contemplate
473
00:19:44,233 --> 00:19:46,066
- are attorney's fees.
- Mm-hmm.
474
00:19:46,133 --> 00:19:49,367
Did the attorney who you say
you gave by a cash app
475
00:19:49,433 --> 00:19:50,734
return any of the money,
476
00:19:50,800 --> 00:19:52,333
since he never had to go
to court for you?
477
00:19:52,400 --> 00:19:53,400
No, he did not.
478
00:19:53,467 --> 00:19:56,567
Just a second.
If I called him right now,
479
00:19:56,633 --> 00:19:59,200
would he tell me
that you paid him $1200?
480
00:19:59,266 --> 00:20:00,900
Yes, he would. Yes, he would.
481
00:20:00,967 --> 00:20:02,600
Though what I was going to tell you
482
00:20:02,667 --> 00:20:05,500
is that I did not have enough
to pay him completely.
483
00:20:05,567 --> 00:20:07,734
I still owe him $250.
484
00:20:07,800 --> 00:20:12,133
So you didn't pay him,
so you paid him $950.
485
00:20:12,200 --> 00:20:14,700
- Okay. Okay, I'm sorry. I didn't.
- What do you mean, "okay"?
486
00:20:14,767 --> 00:20:16,567
No, I mean, I'm sorry, I didn't.
487
00:20:16,633 --> 00:20:19,900
- So you paid him $950?
- Yes.
488
00:20:19,967 --> 00:20:22,734
I'm awarding you $950,
which are your attorney's fees
489
00:20:22,800 --> 00:20:23,800
- for the reason that...
- Your Honor...
490
00:20:23,867 --> 00:20:24,867
I'm speaking.
491
00:20:24,934 --> 00:20:26,533
For the reasons that I've stated,
492
00:20:26,600 --> 00:20:28,367
because they have an absolute right
493
00:20:28,433 --> 00:20:30,567
to give you a 30-day notice
to tell you to leave.
494
00:20:30,633 --> 00:20:32,633
And there was a basis for it, actually.
495
00:20:32,700 --> 00:20:35,433
And, you know, there was a basis
for saying your guests,
496
00:20:35,500 --> 00:20:37,400
which is you,
were not abiding by the rules.
497
00:20:37,467 --> 00:20:38,734
You're a month-to-month tenant.
498
00:20:38,800 --> 00:20:41,800
"Right now, we do not intend
to keep you as a tenant.
499
00:20:41,867 --> 00:20:44,133
We give you a 30-days' notice
to find another place."
500
00:20:44,200 --> 00:20:47,266
I think that would have been
absolutely app... I'm speaking.
501
00:20:47,333 --> 00:20:48,533
Would have been absolutely appropriate.
502
00:20:48,600 --> 00:20:51,834
I think a three-day notice to quit
was inappropriate,
503
00:20:51,900 --> 00:20:53,734
given the level of infraction.
504
00:20:53,800 --> 00:20:55,333
So I'm awarding you
the counsel fees
505
00:20:55,400 --> 00:20:57,767
'cause that's what it took
to get you your 30 days.
506
00:20:57,834 --> 00:20:59,433
This case is over.
Thank you very much.
507
00:20:59,500 --> 00:21:01,767
- Thank you.
- This court is adjourned.
508
00:21:02,266 --> 00:21:04,533
{\an8}I'm disappointed in the decision.
509
00:21:04,600 --> 00:21:09,867
{\an8}Her actions of her aggression,
throwing something in my face,
510
00:21:09,934 --> 00:21:11,433
{\an8}that was a little bit excessive.
511
00:21:11,500 --> 00:21:17,400
{\an8}I don't feel that I got to say more
of the story that continued to happen.
512
00:21:17,467 --> 00:21:22,133
{\an8}Her actions caused me
to get evicted in three days.
513
00:21:22,200 --> 00:21:23,567
{\an8}They have bad character.
514
00:21:23,633 --> 00:21:26,133
{\an8}And so I don't think that
I owe them anything.
515
00:21:26,200 --> 00:21:29,934
{\an8}I mean, I didn't think anything,
like, would come to this, you know?
516
00:21:30,000 --> 00:21:31,367
{\an8}I'm just glad they're gone.
517
00:21:31,433 --> 00:21:33,800
{\an8}I'm happy to be out
because I just really wanted her
518
00:21:33,867 --> 00:21:35,633
{\an8}to be held responsible for what she did.
519
00:21:37,533 --> 00:21:42,300
So a trend I've seen a lot here
is plaintiff suing for wrongful eviction
520
00:21:42,367 --> 00:21:44,367
when they're a month-to-month tenant.
521
00:21:44,433 --> 00:21:47,300
And from what I've learned
in landlord-tenant law in New York--
522
00:21:47,367 --> 00:21:49,633
I know it varies a lot
from state to state--
523
00:21:49,700 --> 00:21:54,000
is the landlord only has to give you
as much notice as your term,
524
00:21:54,066 --> 00:21:56,467
which, if you're a month-to-month tenant,
would be 30 days.
525
00:21:56,533 --> 00:21:59,200
So people have to really understand
526
00:21:59,266 --> 00:22:01,967
the legalese of their contract
and of their lease.
527
00:22:02,033 --> 00:22:04,133
Because if you feel like
you're being wrongfully evicted
528
00:22:04,200 --> 00:22:05,867
as a month-to-month tenant,
529
00:22:05,934 --> 00:22:08,500
that's a different standard
than if you have a standard,
530
00:22:08,567 --> 00:22:10,600
yearlong, written lease.
- Lease.
531
00:22:10,667 --> 00:22:12,967
Well, that's sort of the reason
I didn't think
532
00:22:13,033 --> 00:22:18,467
that the one instance
that was raised was sufficient
533
00:22:18,533 --> 00:22:21,133
to give them a three-day
emergency notice to quit.
534
00:22:21,200 --> 00:22:22,967
- Mm-hmm.
- It might have been enough.
535
00:22:23,033 --> 00:22:24,934
That, coupled by the fact that
there were too many people
536
00:22:25,000 --> 00:22:26,500
living in the apartment
537
00:22:26,567 --> 00:22:28,200
to give them a 30-day notice.
538
00:22:28,266 --> 00:22:30,600
- That is your right, it's your property.
- Mm-hmm.
539
00:22:30,667 --> 00:22:31,900
But I didn't think it rose
540
00:22:31,967 --> 00:22:35,367
to the level of a three-day notice
to quit for threats.
541
00:22:35,433 --> 00:22:38,667
I didn't either. So I agreed with
your 950 judgment for the attorney's fees.
542
00:22:38,734 --> 00:22:43,200
Yeah. I would have been happier
if she had some sort of a receipt
543
00:22:43,266 --> 00:22:45,000
- or something from her Cash App.
- Yeah.
544
00:22:45,066 --> 00:22:48,734
Because she very quickly
changed the 1200 to 950.
545
00:22:48,800 --> 00:22:49,834
She was honest.
546
00:22:49,900 --> 00:22:51,967
- I think the right thing happened.
- Yeah, me too.
547
00:22:53,667 --> 00:22:54,900
Want justice?
548
00:22:54,967 --> 00:22:57,100
{\an8}Go to JudyJustice.tv.