1 00:00:00,300 --> 00:00:03,300 You paid to complete a family tree for you. 2 00:00:03,367 --> 00:00:06,700 -Correct. -So you did in fact complete that? 3 00:00:06,767 --> 00:00:09,600 I did a significant amount of work. 4 00:00:09,667 --> 00:00:11,266 That's not my question. 5 00:00:11,333 --> 00:00:13,033 -I can explain. -Did you do it? 6 00:00:13,100 --> 00:00:15,633 I wanted to finish the project for her. 7 00:00:16,600 --> 00:00:17,934 Do you know what she's talking about? 8 00:00:18,000 --> 00:00:19,133 No, I do not. 9 00:00:19,200 --> 00:00:21,567 [narrator] This is Judy Justice. 10 00:00:22,667 --> 00:00:24,200 [theme music playing] 11 00:00:39,700 --> 00:00:44,867 [narrator] Cheryl Stevens is suing cold case investigator, Gabriella Vargas 12 00:00:44,934 --> 00:00:48,500 for a refund of services she never completed. 13 00:00:49,300 --> 00:00:51,433 [Kevin] Court come to order. All rise. 14 00:00:53,233 --> 00:00:54,266 [Judy] Have a seat, please. 15 00:00:54,333 --> 00:00:57,300 Judge, case 4038, Stevens v. Vargas. 16 00:00:57,367 --> 00:00:58,200 -Thank you. -You're welcome. 17 00:00:58,266 --> 00:01:02,667 Ms. Stevens, your claim involves the return of money 18 00:01:02,734 --> 00:01:06,967 that you paid to Ms. Vargas to complete a family tree for you. 19 00:01:07,033 --> 00:01:09,367 -Correct. -You paid her $750. 20 00:01:09,433 --> 00:01:11,200 When did you pay her that 750? 21 00:01:11,266 --> 00:01:13,467 I paid her on February 7th. 22 00:01:13,533 --> 00:01:15,934 -Of what year? -Uh, 2023. 23 00:01:16,000 --> 00:01:20,767 [Judy] And we are now in October of 2024. 24 00:01:20,834 --> 00:01:24,967 Did you receive the information that you wanted from her 25 00:01:25,033 --> 00:01:26,800 with regard to your ancestry 26 00:01:26,867 --> 00:01:31,000 between February 7th, 2023 and October of 2024. 27 00:01:31,066 --> 00:01:32,633 I did receive information. 28 00:01:32,700 --> 00:01:34,033 Tell me what you received. 29 00:01:34,100 --> 00:01:38,233 From February 9th through February 25, 30 00:01:38,300 --> 00:01:41,667 all of this represents the changes that she made on my tree. 31 00:01:41,734 --> 00:01:43,265 -So… Yes. -May I see it? 32 00:01:52,066 --> 00:01:54,934 Well, this is a lot, I don't know what's old and what's new. 33 00:01:55,000 --> 00:01:57,400 So I don't have information 34 00:01:57,467 --> 00:02:00,166 on what the tree looked like before she touched it, 35 00:02:00,233 --> 00:02:03,967 so that represents, in Ancestry, all the changes that she made. 36 00:02:04,033 --> 00:02:08,400 She deleted some of my information, she added some family members, 37 00:02:08,467 --> 00:02:10,500 but she did not complete the job. 38 00:02:10,567 --> 00:02:12,433 Well, what was the job supposed to look like? 39 00:02:12,500 --> 00:02:15,633 The job was supposed to be complete on my mother's side of the tree 40 00:02:15,700 --> 00:02:20,033 with her grandparents, her grandparents' siblings, 41 00:02:20,100 --> 00:02:22,600 and so forth, and none of that is stated on my tree. 42 00:02:22,667 --> 00:02:24,567 Do you have a contract with her? 43 00:02:24,633 --> 00:02:28,266 No, I only have an email in which she stated what she would do. 44 00:02:28,333 --> 00:02:31,033 -I'd like to see it, please. -I mean a text, I'm sorry. 45 00:02:31,100 --> 00:02:32,100 Here you go. 46 00:02:33,033 --> 00:02:34,133 Right down there. 47 00:02:34,200 --> 00:02:35,533 So she did do work? 48 00:02:35,600 --> 00:02:37,266 -Yes, she did do work. -Okay. 49 00:02:39,000 --> 00:02:44,200 Okay, so she says to you, "Hi, Cheryl, I've reviewed your tree and the data. 50 00:02:44,266 --> 00:02:49,000 The tree has multiple issues including inaccurate information and documentation, 51 00:02:49,066 --> 00:02:52,100 duplicate people, and information taken from other trees 52 00:02:52,166 --> 00:02:53,934 without proof to support it. 53 00:02:54,000 --> 00:02:58,400 Building out your mother's maternal grandparents will be a bit more complex 54 00:02:58,466 --> 00:03:03,033 due to the times of slavery and lack of documentation during that time, 55 00:03:03,100 --> 00:03:05,934 but it is absolutely possible to do." 56 00:03:06,000 --> 00:03:07,900 -You sent her that message. -I did. 57 00:03:07,967 --> 00:03:12,367 Okay, you told her that the fee was $750 58 00:03:12,433 --> 00:03:14,100 -and you told her… -Correct. 59 00:03:14,166 --> 00:03:16,500 …that it's absolutely possible to do. 60 00:03:16,567 --> 00:03:17,533 Did you do it? 61 00:03:17,600 --> 00:03:18,734 I absolutely did. 62 00:03:18,800 --> 00:03:20,800 -[Judy] Did you receive it? -No. 63 00:03:20,867 --> 00:03:24,567 Okay, so you did in fact, according to you, complete that? 64 00:03:24,633 --> 00:03:30,066 I… did a significant amount of work on her tree. 65 00:03:30,133 --> 00:03:31,667 [Judy] That's not my question. 66 00:03:31,734 --> 00:03:37,266 For $750, you indicated to her in February of 2023 67 00:03:37,333 --> 00:03:40,300 that you could complete the maternal part of her family tree. 68 00:03:40,367 --> 00:03:42,834 -Correct. -And you said it's absolutely doable. 69 00:03:42,900 --> 00:03:43,834 -Correct. -Okay. 70 00:03:43,900 --> 00:03:46,867 All I want to know is did you do it, so the answer is no, 71 00:03:46,934 --> 00:03:49,466 but you did a significant amount of work on it. 72 00:03:49,533 --> 00:03:51,966 The answer is yes, I did complete it, 73 00:03:52,033 --> 00:03:55,934 however I was removed from the tree 74 00:03:56,000 --> 00:04:01,000 before I could provide her with the end report. 75 00:04:01,066 --> 00:04:04,000 Okay, and when did you complete it? 76 00:04:04,066 --> 00:04:07,066 Month, day, and year. 77 00:04:07,133 --> 00:04:11,633 It was in March of 2024, I don't have the exact day. 78 00:04:11,700 --> 00:04:14,500 -So over a year later? -Yes. 79 00:04:14,567 --> 00:04:16,567 -And I had indicated-- -Just a second. 80 00:04:16,632 --> 00:04:18,700 -Sorry. -Did you send it to her? 81 00:04:18,767 --> 00:04:20,065 She already-- 82 00:04:20,800 --> 00:04:24,767 Did you send the completed work to her 83 00:04:24,834 --> 00:04:27,300 in March of 2024? 84 00:04:27,367 --> 00:04:29,100 She owned the tree. 85 00:04:29,166 --> 00:04:34,133 She had possession of it the entire time, I worked in her family tree. 86 00:04:34,200 --> 00:04:36,767 I was never the owner of the tree. 87 00:04:36,834 --> 00:04:40,367 So there was nothing that you had that you didn't give to her 88 00:04:40,433 --> 00:04:41,834 that she didn't have. 89 00:04:41,900 --> 00:04:45,332 And is what you're telling me that the job-- careful. 90 00:04:45,400 --> 00:04:49,200 That the job that she hired you for was completed? 91 00:04:49,266 --> 00:04:51,800 Because Whitney is going to read back 92 00:04:51,867 --> 00:04:56,000 your prior answer which suggested to me that it was not completed. 93 00:04:56,066 --> 00:04:57,200 I can explain. 94 00:04:57,266 --> 00:04:58,133 Explain. 95 00:04:58,200 --> 00:05:00,333 -So I-- -First of all. 96 00:05:00,400 --> 00:05:05,700 Let's just get to was it or was it not completed? 97 00:05:05,767 --> 00:05:09,967 Now, it could not be completed because you couldn't do it for whatever reason. 98 00:05:10,033 --> 00:05:14,367 You couldn't do what you had indicated in your text what you were going to do. 99 00:05:14,433 --> 00:05:16,934 There may have been reasons why you couldn't do it. 100 00:05:17,000 --> 00:05:18,433 It was completed. 101 00:05:18,500 --> 00:05:22,967 And I had let the plaintiff know that I was having 102 00:05:23,033 --> 00:05:26,066 an immense amount of issues working in her tree 103 00:05:26,133 --> 00:05:29,867 because she would not stop working in her own tree 104 00:05:29,934 --> 00:05:33,533 which I specifically asked her not to as I was cleaning it up. 105 00:05:33,600 --> 00:05:37,734 So I advised her that I would start working in my own tree 106 00:05:37,800 --> 00:05:40,933 that I owned, to finish completing the work 107 00:05:41,000 --> 00:05:44,433 so that it could remain accurate with evidence to back it up. 108 00:05:44,500 --> 00:05:46,033 Do you know what she's talking about? 109 00:05:46,100 --> 00:05:47,066 No, I do not. 110 00:05:47,133 --> 00:05:48,867 I'd like to see what you're talking about. 111 00:05:48,933 --> 00:05:51,166 Talking about an ancestry.com type of tree 112 00:05:51,233 --> 00:05:53,100 so it's the plaintiff's account that the defendant 113 00:05:53,166 --> 00:05:55,133 was working in the whole time. 114 00:05:55,200 --> 00:05:57,734 However, every time the plaintiff makes a change, 115 00:05:57,800 --> 00:06:00,500 with or without evidence, it affects the work that the defendant 116 00:06:00,567 --> 00:06:04,266 is then doing in the tree, but she just had the plaintiff's login information. 117 00:06:04,333 --> 00:06:08,166 She's not providing any additional pieces of evidence 118 00:06:08,233 --> 00:06:10,500 that you're looking for as far as information about the-- 119 00:06:10,567 --> 00:06:12,066 -Who isn't? -The defendant. 120 00:06:12,133 --> 00:06:13,100 It's all being done 121 00:06:13,166 --> 00:06:14,934 -under the plaintiff's account. -Plaintiff's tree. 122 00:06:15,000 --> 00:06:16,266 Under the plaintiff's account. 123 00:06:16,332 --> 00:06:19,166 So if she makes changes to it, that explains the defendant's work 124 00:06:19,233 --> 00:06:20,700 as far as what she's able to do. 125 00:06:20,767 --> 00:06:23,133 [theme music playing] 126 00:06:23,200 --> 00:06:26,000 What date did you continue to start to work on it? 127 00:06:26,066 --> 00:06:28,400 "Just recently" is what you say. 128 00:06:28,467 --> 00:06:31,700 "I continued to work on it." Well, give me the date of just recently. 129 00:06:31,767 --> 00:06:34,433 -The-- -Give me the date, that's a date 130 00:06:34,500 --> 00:06:35,767 of "just recently." 131 00:06:35,834 --> 00:06:37,233 [narrator] And later today… 132 00:06:37,300 --> 00:06:39,900 You go to the store, 133 00:06:39,967 --> 00:06:43,533 play the numbers, and because you're doing this leg work, 134 00:06:43,600 --> 00:06:45,000 so I don't have to go to the store, 135 00:06:45,066 --> 00:06:47,533 if my numbers win, I'll give you half. 136 00:06:47,600 --> 00:06:50,867 That's a contract. That's different from a favor. 137 00:06:53,533 --> 00:06:56,233 [theme music playing] 138 00:07:00,500 --> 00:07:05,633 [narrator] Cheryl Stevens claims cold case investigator Gabriella Vargas 139 00:07:05,700 --> 00:07:10,266 never finished her family history and owes her a refund. 140 00:07:10,333 --> 00:07:15,667 Okay, your answer says from May until August of 2023. 141 00:07:15,734 --> 00:07:17,166 She hired you in February. 142 00:07:17,233 --> 00:07:20,332 You said from May until August you had issues of your own 143 00:07:20,400 --> 00:07:21,567 so you couldn't work on it. 144 00:07:21,633 --> 00:07:22,533 Yes. 145 00:07:22,600 --> 00:07:26,900 And then you started working on a high-profile murder case. 146 00:07:26,967 --> 00:07:29,433 -Yes. -So you also didn't work on it. 147 00:07:29,500 --> 00:07:32,200 So now we're going to a year later. 148 00:07:32,266 --> 00:07:38,266 May of 2024 is when you gave her additional information and she blocked me. 149 00:07:38,332 --> 00:07:39,533 So that was a year later. 150 00:07:39,600 --> 00:07:45,000 Is what you're telling me that for a year, her project was placed on hold, 151 00:07:45,066 --> 00:07:47,100 either because of your medical issues 152 00:07:47,166 --> 00:07:49,967 or because you were working on another case? 153 00:07:50,033 --> 00:07:51,667 -That's either a yes or a no. -No. 154 00:07:51,734 --> 00:07:56,900 Okay, so when after February 2023, 155 00:07:56,967 --> 00:07:58,967 after the first information, 156 00:07:59,033 --> 00:08:01,800 did you work on her tree? 157 00:08:01,867 --> 00:08:03,500 The entire year. 158 00:08:03,567 --> 00:08:05,100 That's not what you say in your answer. 159 00:08:05,166 --> 00:08:06,700 -That's not what you say. -Your Honor, I… 160 00:08:06,767 --> 00:08:09,734 That's not what you say in your answer. You say in your answer: 161 00:08:09,800 --> 00:08:12,934 "In May and August, 2023, 162 00:08:13,000 --> 00:08:18,266 I had some family and health issues and had to put the work on hold." 163 00:08:18,332 --> 00:08:23,266 Yes and therefore I was unable to work on it for a few days, maybe a week. 164 00:08:23,332 --> 00:08:25,500 Because I'm reading your answer and your answer says, 165 00:08:25,567 --> 00:08:30,332 "Just recently I continued to work using the papers I had already printed. 166 00:08:30,400 --> 00:08:32,533 I've found the original person in question 167 00:08:32,600 --> 00:08:36,633 is not part of her family tree after all, but she does not yet know this." 168 00:08:36,700 --> 00:08:40,400 So we're talking about now in October of 2024. 169 00:08:40,467 --> 00:08:42,633 You say, "I continued to work on this." 170 00:08:42,700 --> 00:08:45,834 On what date did you continue to start to work on it? 171 00:08:45,900 --> 00:08:50,100 "Just recently" is what you say, "I continued to work on it." 172 00:08:50,165 --> 00:08:52,033 Well, give me the date of "just recently." 173 00:08:52,100 --> 00:08:53,633 -The-- -Give me the date, 174 00:08:53,700 --> 00:08:56,300 that's a date of "just recently." 175 00:08:56,367 --> 00:08:58,367 March of 2024. 176 00:08:58,433 --> 00:09:02,633 Can you show me some documentation that you did work in March of 2024? 177 00:09:02,700 --> 00:09:05,033 It's all in my texts and emails. 178 00:09:05,100 --> 00:09:06,700 No, don't show me a whole bunch of papers. 179 00:09:06,767 --> 00:09:09,300 At my age, I can't go through all that nonsense. 180 00:09:09,367 --> 00:09:12,333 So what you're telling me is you did no work on this project, 181 00:09:12,400 --> 00:09:15,734 let's say, August, September, or October of 2024, 182 00:09:15,800 --> 00:09:19,333 the work that you did on it was March of 2024. 183 00:09:19,400 --> 00:09:23,667 I was unable to, she revoked my access to her account, 184 00:09:23,734 --> 00:09:27,967 but I had a paper document that I was using, 185 00:09:28,033 --> 00:09:30,367 and the work that I had done in my tree 186 00:09:30,433 --> 00:09:33,900 that I continued to work using that documentation. 187 00:09:33,967 --> 00:09:38,033 Because I was paid for a service and I wanted to finish the project for her. 188 00:09:38,100 --> 00:09:41,165 What date? Show me the date. 189 00:09:41,233 --> 00:09:43,700 I don't have an exact date. 190 00:09:43,767 --> 00:09:46,367 -Give me a month. -That I finished working on it? 191 00:09:46,433 --> 00:09:48,667 Tell me the last time you worked on it. Month. 192 00:09:48,734 --> 00:09:54,333 I restarted working on it in August when I found out that I was being sued. 193 00:09:54,400 --> 00:09:56,300 Okay, well, that's what I wanted to know. 194 00:09:56,367 --> 00:09:58,667 When you found out you were being sued 195 00:09:58,734 --> 00:10:01,433 for the return of your money you started to work on the project again. 196 00:10:01,500 --> 00:10:03,567 Without access to anything. 197 00:10:03,633 --> 00:10:05,433 Well, whatever access you had. 198 00:10:05,500 --> 00:10:09,900 When you found out you were being sued, you started to work on the project again. 199 00:10:09,967 --> 00:10:12,900 Until that time, we're not talking about March of 2020, 200 00:10:12,967 --> 00:10:15,166 we're talking about three months ago. 201 00:10:15,233 --> 00:10:16,934 -That is correct. -Okay. 202 00:10:17,000 --> 00:10:18,767 And when you did that work, 203 00:10:18,834 --> 00:10:23,266 did you transmit the results of that work to the plaintiff? 204 00:10:23,333 --> 00:10:26,667 I have been blocked and have no contact with her. 205 00:10:26,734 --> 00:10:30,934 Okay. Do you have any interest in seeing the results of that work? 206 00:10:31,000 --> 00:10:34,133 -I do. -If you see the results of that work, 207 00:10:34,200 --> 00:10:35,934 then I'm dismissing your lawsuit. 208 00:10:36,000 --> 00:10:36,967 Do you understand? 209 00:10:37,033 --> 00:10:41,033 I do. So then let me retract. No. 210 00:10:41,100 --> 00:10:43,533 -Because you have no confidence in it. -Yes. Right. 211 00:10:43,600 --> 00:10:45,734 -Okay. I wouldn't either. -Okay. 212 00:10:45,800 --> 00:10:48,967 Judgment for the plaintiff for the amount of $750. 213 00:10:49,033 --> 00:10:50,767 Thank you very much, we're finished. 214 00:10:50,834 --> 00:10:52,400 -This court is adjourned. -[scoffs] 215 00:10:52,467 --> 00:10:54,100 [theme music playing] 216 00:10:57,467 --> 00:10:59,367 I don't feel it was fair. 217 00:10:59,433 --> 00:11:04,533 I'm very pleased. I was confused by her testimony regarding being blocked 218 00:11:04,600 --> 00:11:08,233 because she still had access to my emails and my phone 219 00:11:08,300 --> 00:11:09,867 and never communicated with me. 220 00:11:09,934 --> 00:11:13,433 I have not had a chance to speak with her and given her a final report. 221 00:11:13,500 --> 00:11:15,367 She was non-responsive. 222 00:11:15,433 --> 00:11:20,033 I sent several messages via text and email and even tried calling her 223 00:11:20,100 --> 00:11:21,133 and she never responded. 224 00:11:21,200 --> 00:11:22,934 I will not be working with her again. 225 00:11:23,000 --> 00:11:25,633 I will find somebody else to finish the tree for me. 226 00:11:27,834 --> 00:11:29,633 You know, clearly they had a contract. 227 00:11:29,700 --> 00:11:32,900 -And the text exchange shows contract. -Mm-hmm. 228 00:11:32,967 --> 00:11:36,367 Seven hundred and fifty dollars, I will provide you with this. 229 00:11:36,433 --> 00:11:38,867 It will be difficult to do, but I can absolutely do it. 230 00:11:38,934 --> 00:11:42,066 The contract, simple as it was, 231 00:11:42,133 --> 00:11:45,033 -did not state time was of the essence. -Mm-hmm. 232 00:11:45,100 --> 00:11:47,165 Interesting. So just for people watching, 233 00:11:47,233 --> 00:11:49,834 if you want the time of the essence clause, 234 00:11:49,900 --> 00:11:52,100 which is a date certain, you should put it in. 235 00:11:52,165 --> 00:11:53,433 -Mm-hmm. -If there's not 236 00:11:53,500 --> 00:11:57,700 a time is of the essence clause, you have to use a reasonable standard. 237 00:11:57,767 --> 00:11:59,533 You have to see what's reasonable. 238 00:11:59,600 --> 00:12:02,500 And she really didn't start to work on it 239 00:12:02,567 --> 00:12:05,867 until after she was served with a summons 240 00:12:05,934 --> 00:12:08,066 that said, "I'm suing you for my money back." 241 00:12:08,133 --> 00:12:10,000 -Yeah. -Well, at that point, 242 00:12:10,066 --> 00:12:14,100 the issue is if she does it, has she cured it? 243 00:12:14,166 --> 00:12:16,433 And I would say not. 244 00:12:16,500 --> 00:12:21,433 If you're responding to a lawsuit, I don't think that I have to rely 245 00:12:21,500 --> 00:12:26,300 on the veracity or the quality of your work to complete it 246 00:12:26,367 --> 00:12:28,600 after you're being sued, 247 00:12:28,667 --> 00:12:33,100 in order to earn the money that you have already been paid. 248 00:12:33,165 --> 00:12:36,633 Hopefully, the plaintiff can take the money that she got here today 249 00:12:36,700 --> 00:12:39,266 and have somebody else complete the tree for her 250 00:12:39,333 --> 00:12:42,800 and hopefully have more confidence in it than someone who finished it 251 00:12:42,867 --> 00:12:45,066 -during litigation. -A year and a half of-- 252 00:12:45,133 --> 00:12:47,133 -Right. As a result of being sued. -Exactly. 253 00:12:47,200 --> 00:12:49,600 Right, but if you're doing a contract, 254 00:12:49,667 --> 00:12:52,900 the wise thing is to put a date in the contract and say 255 00:12:52,967 --> 00:12:55,033 work should be completed by this date. 256 00:12:55,100 --> 00:12:57,333 -Makes it easier. -Because clearly she sort of blew off 257 00:12:57,400 --> 00:12:59,867 this project for a year and a half while she had other issues. 258 00:12:59,934 --> 00:13:01,500 -Yeah. -Okay. 259 00:13:02,233 --> 00:13:04,800 Case 4032, McPhee v. Snell. 260 00:13:04,867 --> 00:13:06,734 All parties please come forward. 261 00:13:06,800 --> 00:13:11,667 [narrator] Danielle McPhee is suing her former friend Lateisha Snell 262 00:13:11,734 --> 00:13:15,934 for withholding lottery winnings and the cost of a rental car. 263 00:13:16,000 --> 00:13:18,333 Ms. McPhee. Interesting case. 264 00:13:18,400 --> 00:13:21,467 You and the defendant have been friends for a very long time. 265 00:13:21,533 --> 00:13:24,066 -Yes. -You live in different counties, 266 00:13:24,133 --> 00:13:27,133 but you are in communication regularly with each other. 267 00:13:27,200 --> 00:13:30,166 -And you both play the lottery. -Yes. 268 00:13:30,233 --> 00:13:34,767 I assume that from your complaint that you have special numbers. 269 00:13:34,834 --> 00:13:37,200 -Yes. -What are your numbers? 270 00:13:37,266 --> 00:13:38,734 1004, my birthday. 271 00:13:38,800 --> 00:13:42,533 -On July 30th of this year… -Yes. 272 00:13:42,600 --> 00:13:43,700 …you were on the phone 273 00:13:43,767 --> 00:13:45,467 -with the defendant. -Yes. 274 00:13:45,533 --> 00:13:46,600 Tell me what happened. 275 00:13:46,667 --> 00:13:49,400 We was on the phone talking, having a conversation, 276 00:13:49,467 --> 00:13:50,367 and then she was like, 277 00:13:50,433 --> 00:13:52,967 "Sis, I'm gonna call you back, I'm finna go and play my numbers." 278 00:13:53,033 --> 00:13:54,567 Call you back, I'm going to play my numbers 279 00:13:54,633 --> 00:13:56,867 which meant she was going to play her lottery numbers. 280 00:13:56,934 --> 00:13:59,200 -Yes. -Ms. Snell, what are your numbers? 281 00:13:59,266 --> 00:14:04,133 Oh, I have so many, I could start off with pick three, pick four, or pick five. 282 00:14:04,600 --> 00:14:07,934 Okay, so you have specific numbers that you play all the time? 283 00:14:08,000 --> 00:14:10,533 And she has specific numbers that she plays all the time. 284 00:14:10,600 --> 00:14:12,667 -Yes, I'm sure. -That you-- Just a second. 285 00:14:12,734 --> 00:14:14,066 That she gave you. 286 00:14:14,133 --> 00:14:16,734 -Yes. -So, on July 30th, 287 00:14:16,800 --> 00:14:18,934 when you were going to buy your lottery tickets, 288 00:14:19,000 --> 00:14:24,066 she asked you to buy some lottery tickets for her 289 00:14:24,133 --> 00:14:25,600 using her numbers? 290 00:14:25,667 --> 00:14:28,233 -Yes, those five numbers I play… -Using her numbers. 291 00:14:28,300 --> 00:14:30,934 -Mm-hmm. -And she gave you those numbers. 292 00:14:31,000 --> 00:14:33,633 -Yes. -And in effect said to you, 293 00:14:33,700 --> 00:14:36,934 "When you're going for yours, I'll send you money, play mine." 294 00:14:37,000 --> 00:14:39,066 -Yes. Yes. -And you did? 295 00:14:39,133 --> 00:14:41,000 How much money did she send you? 296 00:14:41,066 --> 00:14:42,867 Thirty-five dollars. 297 00:14:42,934 --> 00:14:44,266 And she sent you how? 298 00:14:44,333 --> 00:14:45,533 Through Cash App. 299 00:14:45,600 --> 00:14:47,300 -So you got it immediately? -Yeah. 300 00:14:47,367 --> 00:14:50,033 -Where did you go to purchase the tickets? -7-Eleven. 301 00:14:50,100 --> 00:14:52,867 How much money did you spend on your lottery tickets? 302 00:14:52,934 --> 00:14:58,967 Oh, I didn't have a chance because it was 5 minutes until the draw time. 303 00:14:59,467 --> 00:15:04,333 So I was trying to put all of our numbers in there, but I ran her numbers first. 304 00:15:04,400 --> 00:15:07,400 -I spent $4 because that's four tickets. -Just a second. 305 00:15:07,467 --> 00:15:09,233 -Let's go slowly. -Okay. 306 00:15:09,300 --> 00:15:11,700 [theme music playing] 307 00:15:11,767 --> 00:15:14,567 She asked me what time I was going to cash the ticket. 308 00:15:14,633 --> 00:15:17,600 The reason why she won't take cash the ticket in her name 309 00:15:17,667 --> 00:15:19,533 is because she receives disability 310 00:15:19,600 --> 00:15:21,934 and she cannot get it in her name. 311 00:15:22,000 --> 00:15:23,867 Oh, there we go. 312 00:15:26,400 --> 00:15:29,467 [theme music playing] 313 00:15:33,066 --> 00:15:36,567 [narrator] Danielle McPhee claims her former friend 314 00:15:36,633 --> 00:15:40,767 Lateisha Snell, turned in Danielle's winning lottery ticket 315 00:15:40,834 --> 00:15:43,433 and wrongfully kept half the money. 316 00:15:43,500 --> 00:15:46,000 Okay. You went to the place. 317 00:15:46,066 --> 00:15:49,533 -You spent her $35, played her numbers. -Yes. Mm-hmm. 318 00:15:49,600 --> 00:15:52,000 And spent $4 of your own? 319 00:15:52,066 --> 00:15:54,600 -Yes. -How many numbers did you get to put in 320 00:15:54,667 --> 00:15:55,600 for $4? 321 00:15:55,667 --> 00:15:57,900 Only four tickets which were a dollar each… 322 00:15:57,967 --> 00:16:00,166 -Four tickets. Okay. -…were able to go in. 323 00:16:00,233 --> 00:16:02,367 That's okay. What number won? 324 00:16:02,433 --> 00:16:04,233 One zero zero four. 325 00:16:04,300 --> 00:16:05,567 -That's her birthday. -Yup. 326 00:16:05,633 --> 00:16:07,567 And so this is what the case is about. 327 00:16:07,633 --> 00:16:11,633 Ultimately, when you found out that your birth date won, 328 00:16:11,700 --> 00:16:13,033 you wanted your winnings. 329 00:16:13,100 --> 00:16:16,767 You offered to give the defendant, according to what I read, gas money. 330 00:16:16,834 --> 00:16:19,166 -Yes. -The defendant ultimately, 331 00:16:19,233 --> 00:16:21,433 after some bickering back and forth, 332 00:16:21,500 --> 00:16:24,667 -sent you half of your winnings. -Yes. 333 00:16:24,734 --> 00:16:27,533 And how much were all of the winnings? 334 00:16:27,600 --> 00:16:29,166 $2,700. 335 00:16:29,233 --> 00:16:31,000 And you sent her how much? 336 00:16:31,066 --> 00:16:37,300 Altogether she got $1,371. 337 00:16:37,367 --> 00:16:38,867 -Is that correct? -Yes. 338 00:16:38,934 --> 00:16:40,667 -Now, Ms. Snell. -Mm-hmm. 339 00:16:40,734 --> 00:16:44,467 I'd like you to try to explain to me 340 00:16:45,033 --> 00:16:50,834 why you withheld $1,329 from her. 341 00:16:50,900 --> 00:16:54,700 Okay, when I first called her back and told her, 342 00:16:54,767 --> 00:16:58,900 well, she already knew that my tickets hadn't won because I was so busy-- 343 00:16:58,967 --> 00:17:01,266 Don't tell me what-- Listen to me. 344 00:17:01,333 --> 00:17:03,867 -Don't tell me what she knew. -Okay. 345 00:17:03,934 --> 00:17:07,200 So far you had not entered into 346 00:17:07,266 --> 00:17:11,333 -a business relationship with her. -Mm-hmm. 347 00:17:11,400 --> 00:17:14,433 Which was, "I'll give you money, 348 00:17:14,500 --> 00:17:18,367 you play the numbers, my number, because you're going. 349 00:17:18,433 --> 00:17:21,400 If we win, I'll split it with you." That's business. 350 00:17:21,467 --> 00:17:23,000 -Mm-hmm. -That's not what 351 00:17:23,066 --> 00:17:25,767 you both tell me happened. 352 00:17:25,834 --> 00:17:28,667 You were on the phone. You said, "I'll have to call you back, 353 00:17:28,734 --> 00:17:30,233 I'm running to play my numbers." 354 00:17:30,300 --> 00:17:33,767 She said if you're going to play, play my numbers. 355 00:17:33,834 --> 00:17:36,767 She sent you money to play her numbers. 356 00:17:36,834 --> 00:17:39,967 You played her numbers and her birthday won. 357 00:17:40,033 --> 00:17:42,533 Where do you think you're entitled to any of that money? 358 00:17:42,600 --> 00:17:45,900 Because I did all the footwork and her numbers would've never got played 359 00:17:45,967 --> 00:17:47,934 -if I would've never played them. -Okay. 360 00:17:48,000 --> 00:17:52,200 Ms. Snell, what you did was do her a favor. 361 00:17:52,266 --> 00:17:56,700 Now, there's nothing in the law of doing somebody a favor, 362 00:17:56,767 --> 00:18:00,500 but in order to create a business relationship 363 00:18:00,567 --> 00:18:03,200 there has to be a contract, a meeting of the minds. 364 00:18:03,266 --> 00:18:07,700 I will send you money. You go to the store. 365 00:18:07,767 --> 00:18:11,333 Play the numbers, and because you're doing this legwork 366 00:18:11,400 --> 00:18:15,100 so I don't have to go to the store, if my numbers win, I'll give you half. 367 00:18:15,166 --> 00:18:17,467 -That's a contract. -Mm-hmm. 368 00:18:17,533 --> 00:18:19,367 That's different from a favor. 369 00:18:19,433 --> 00:18:20,667 Do you understand? 370 00:18:20,734 --> 00:18:24,767 There has to be some theory. There's no theory about I did the legwork. 371 00:18:24,834 --> 00:18:26,433 -Do you get it? -Yes. 372 00:18:26,500 --> 00:18:31,133 So I'm going to ask you again, do you see any basis for you 373 00:18:31,200 --> 00:18:33,433 not turning over her winnings to her? 374 00:18:33,500 --> 00:18:37,200 I felt as though I did turn over, you know, the winnings. 375 00:18:37,266 --> 00:18:43,233 We never dis-- Even when I told her that our numbers hit, 376 00:18:43,300 --> 00:18:44,400 -the numbers hit. -No, 377 00:18:44,467 --> 00:18:47,800 -her number hit. Her birthday hit. -Okay. 378 00:18:47,867 --> 00:18:52,033 Well, even when I told her, there was no discussion of what we were going to do. 379 00:18:52,100 --> 00:18:56,734 She was sending me to the lottery office which I drove to Casselberry in Florida 380 00:18:56,800 --> 00:19:01,333 to go and cash in a ticket which was a good way from my residence 381 00:19:01,400 --> 00:19:02,700 to go and cash in the ticket. 382 00:19:02,767 --> 00:19:04,900 Did she ask you to-- Just a second. 383 00:19:04,967 --> 00:19:07,166 Did she ask you to do that? 384 00:19:07,233 --> 00:19:08,367 -Yes. -No, just-- 385 00:19:08,433 --> 00:19:10,533 -To go and cash the ticket? -Yes. 386 00:19:10,600 --> 00:19:11,867 -Yes. -[Danielle] No. 387 00:19:11,934 --> 00:19:15,300 Tell me when she asked you because anybody could cash the ticket 388 00:19:15,367 --> 00:19:17,700 if you don't put your name on the back of it. 389 00:19:17,767 --> 00:19:19,967 So you could have given her the ticket 390 00:19:20,033 --> 00:19:22,033 and she could have gone to cash in the ticket. 391 00:19:22,100 --> 00:19:23,333 That's easy. 392 00:19:23,400 --> 00:19:26,800 So I'm asking you because I didn't get that impression from the papers 393 00:19:26,867 --> 00:19:30,767 that she said to you, "Go and cash in the ticket." 394 00:19:30,834 --> 00:19:33,700 She asked me what time I was going to cash the ticket. 395 00:19:33,767 --> 00:19:36,700 The reason why she won't cash the ticket in her name 396 00:19:36,767 --> 00:19:41,133 is because she receives disability and she cannot get it in her name. 397 00:19:41,200 --> 00:19:43,333 [Judy] Oh, there we go. 398 00:19:43,400 --> 00:19:46,033 Did you ask her to cash in the ticket? 399 00:19:46,100 --> 00:19:47,934 -No, I did not. -Not true, Your Honor. 400 00:19:48,000 --> 00:19:50,934 I told her I would come. 401 00:19:51,000 --> 00:19:55,700 Asked Crystal could I come to rent a car for me and come to Orlando 402 00:19:55,767 --> 00:19:56,800 to pick up the ticket. 403 00:19:56,867 --> 00:19:59,100 If I'm telling you to cash the ticket in, 404 00:19:59,166 --> 00:20:01,734 why would I drive to Orlando for the ticket? 405 00:20:01,800 --> 00:20:03,367 Why didn't she just put it in the mail? 406 00:20:03,433 --> 00:20:05,166 In any event there has to-- What? 407 00:20:05,233 --> 00:20:06,900 Your Honor, she didn't drive to Orlando 408 00:20:06,967 --> 00:20:09,433 till the next day after I cashed in that ticket. 409 00:20:09,500 --> 00:20:14,000 What I'm telling you is, Ms. Snell, there has to be a contract 410 00:20:14,066 --> 00:20:18,467 for you to receive half those winnings because that was your arrangement. 411 00:20:18,533 --> 00:20:21,467 You can't decide afterwards, "Well, I did all the legwork 412 00:20:21,533 --> 00:20:22,967 and I'm entitled to money." 413 00:20:23,033 --> 00:20:24,600 -Do you understand? -Yes. 414 00:20:24,667 --> 00:20:25,700 Okay, good. 415 00:20:25,767 --> 00:20:29,066 So I also wanted to say that even this ticket isn't in my name, 416 00:20:29,133 --> 00:20:32,066 I'm also going to be responsible for the taxes. 417 00:20:32,133 --> 00:20:37,834 Well, that's true, you will and if you file for taxes-- 418 00:20:37,900 --> 00:20:39,433 -Do you work? -Yes. 419 00:20:39,500 --> 00:20:40,734 What kind of work do you do? 420 00:20:40,800 --> 00:20:42,000 Sanitation lead. 421 00:20:42,066 --> 00:20:44,633 -And how much do you earn? -Well, right now I'm out of work. 422 00:20:44,700 --> 00:20:46,800 Okay, then you don't have to worry about taxes. 423 00:20:46,867 --> 00:20:51,767 Okay judgment for the plaintiff the amount of $1,329. 424 00:20:51,834 --> 00:20:53,567 -Thank you very much. -Thank you so much. 425 00:20:53,633 --> 00:20:54,867 This court is adjourned. 426 00:20:54,934 --> 00:20:56,166 [theme music playing] 427 00:20:59,800 --> 00:21:03,533 I just don't think it's fair, I did a lot of the, you know, a lot of the work. 428 00:21:03,600 --> 00:21:05,433 -I love it. -I was excited, 429 00:21:05,500 --> 00:21:07,033 we both were excited on the phone. 430 00:21:07,100 --> 00:21:09,767 It bothers me because we've been friends over 40 years 431 00:21:09,834 --> 00:21:11,066 and I've been there for her. 432 00:21:11,133 --> 00:21:13,433 She wanted to be greedy and keep it all for herself. 433 00:21:13,500 --> 00:21:16,367 It really bothers me that she took the money like that. 434 00:21:16,433 --> 00:21:17,967 Buy your own lottery tickets. 435 00:21:18,033 --> 00:21:19,667 I'm a winner, thank you. 436 00:21:21,533 --> 00:21:24,900 Only one take away from this case, my darling, and that is 437 00:21:24,967 --> 00:21:28,133 money can break up a friendship easily. 438 00:21:28,200 --> 00:21:31,533 Because there really was no legal issue here, it was a favor. 439 00:21:31,600 --> 00:21:34,667 She said here's my money, play my numbers, 440 00:21:34,734 --> 00:21:37,533 and that's what the Lotto is, it's a dream. 441 00:21:37,600 --> 00:21:39,200 Interesting though it brings up a bigger issue 442 00:21:39,266 --> 00:21:40,333 we were just talking about 443 00:21:40,400 --> 00:21:43,834 before we started about large pools of you know offices 444 00:21:43,900 --> 00:21:46,033 or groups of friends that buy in together. 445 00:21:46,100 --> 00:21:50,133 And again it is a dream, and such a far-out fantasy that you actually win. 446 00:21:50,200 --> 00:21:51,767 -I've done it. -But if you do, 447 00:21:51,834 --> 00:21:53,867 there should be some-- I mean you're just praying 448 00:21:53,934 --> 00:21:55,600 that everyone that's included in that 449 00:21:55,667 --> 00:21:58,900 is going to stay true to their word and split it evenly. 450 00:21:58,967 --> 00:22:02,266 I never understood how that worked. I couldn't trust that many people. 451 00:22:02,333 --> 00:22:05,133 Well, but a lot of offices do that, but this wasn't one of those. 452 00:22:05,200 --> 00:22:07,533 -No, no. -This wasn't a lottery pool, 453 00:22:07,600 --> 00:22:09,233 -this was play my birthday… -Sure. 454 00:22:09,300 --> 00:22:10,734 -…here's my number. -Here it was clear, 455 00:22:10,800 --> 00:22:13,867 I just mean it could get a little dicier in other situations. 456 00:22:13,934 --> 00:22:16,100 -And it has. Lots of lawsuits there. -Mm-hmm. 457 00:22:16,166 --> 00:22:18,033 -But this one was easy. -It was. 458 00:22:19,567 --> 00:22:21,333 [narrator] Are you the victim of an assault? 459 00:22:21,400 --> 00:22:23,633 Go to JudyJustice.tv. 460 00:22:28,100 --> 00:22:30,467 [theme music playing]