You made a child together?
Yes, ma'am.
Every once in a while, you fight with her and she kicks you out,
and then she lets you back in,
- right? - [Dale] Right.
[Judge Judy] And you have a fight, and she kicks you out,
making the same mistake over, and over, and over again?
You can't get along, don't live together,
you have a child who's growing up with two crazies.
[announcer] This is Judy Justice.
[theme music playing]
[announcer] Dale Eber is suing his former girlfriend
and the mother of their daughter, Ginger Gibbens,
for wrongful eviction
and the value of his property.
[Kevin] Court come to order.
[Judge Judy] Have a seat, please.
- Hello, Judge. - Good morning, Kevin.
Case number 1160, Eber versus Gibbons.
- Thank you. - [Kevin] You're welcome.
Oh, Mr. Eber?
Yes, ma'am.
[Judge Judy] I don't know, there's a saying about somebody
who doesn't learn from experience,
they keep making the same mistake over, and over, and over again
and I've read your complaint.
You and the defendant had a long-standing relationship
only through the fact that you made a child together.
That child is now how old?
Six.
[Judge Judy] Every once in a while,
you sort of float in,
and then you fight with her,
and she kicks you out,
and you stay out for a few months,
- and then she lets you back in, right? - Right.
[Judge Judy] And you're together for a little bit, and you have a fight,
and she kicks you out, and then you're out,
and you live in your truck, you stay with friends,
whatever it is, and then...
you come back.
According to your complaint, probably happened more often
but it happened recently in the last couple of years, three times.
Yes, ma'am.
[Judge Judy] And so the first thing that you are alleging
is that she has committed on three separate occasions recently,
probably happened many times, but that's wrongful eviction.
Right.
[chuckles]
A couple of questions before I actually put the fourth line
through this wrongful eviction claim.
In any of the recent times
that she gave you the boot, were you on a lease?
No.
How could she evict you if you weren't on the lease?
[Dale] Well, I moved in there with her when she moved in,
uh, lived with her from day one.
From day one, what is day one?
- Give me day one. - [Dale] February of, uh, 2020.
[Judge Judy] Well, February of 2020, your daughter was five.
- And you were not on the lease? - [Dale] No.
[Judge Judy] And how long did you live there before she threw you out?
Three or four months.
[Judge Judy] Okay. Then you had a fight?
Yeah.
And she called the police, tossed you out?
- [Dale] I called the police. - [Judge Judy] Oh, you called the police,
she said, "He's not on the lease," they tossed you out.
- [Dale] Right. - [Judge Judy] How did you get back?
[Dale] I was living in my car, I had nowhere to go.
- So, I mean, it was after... - [Judge Judy] Okay.
So you were living in your car, you had nowhere to go, and?
[Dale] Well, we had both lost everything in the campfire
so we were, um, we, we both moved in there together.
She's--when she started collecting welfare,
um, I was still living there and helping with, you know [indistinct]
[Judge Judy] This is much-- too much information for me, sir.
Okay.
When you moved back in with her,
that was after she had thrown you out once.
- Right. - [Judge Judy] Did you say,
"I'll move back in with you but I wanna be on the lease"?
- No. - [Judge Judy] No?
So that you knew from the first time
that if the police were called, she's gonna say,
"He not on the lease and he doesn't live here."
So you moved back in with her,
with your daughter, 'cause your daughter remained with her.
[Dale] Right.
In what month?
[Dale] I can't really recall the dates.
[Judge Judy] Well, I, I certainly don't remember, she doesn't have to help you.
And then she threw you out again, were the police called?
Yes, I called--I've called the cops every time that we've,
we've had a problem with her drug use.
[Judge Judy] Okay. You called the police?
Uh-hmm.
- [Judge Judy] I assume that that's a yes. - Yes.
[Judge Judy] And when the police came, they told you to leave, and you left.
- Yup. - Yup is a yes?
Yes, sorry.
[Judge Judy] And then you went and stayed in your car again?
- [Dale] Right. - [Judge Judy] For how long?
[Dale] A couple months.
How'd you get back in?
[Dale] The third time I get in it was the last time. I bought an RV...
[Judge Judy] Well, so far I know two times,
so it's only two times that she threw you out.
Uh, it was more than two, it was more than twice.
Let's move on to something else where you might be more successful.
Return of rent, what rent do you want?
[Dale] I have, uh, evidence right here of moneys that I've given her.
[Judge Judy] I don't care what money you gave her.
When you paid rent the months that you were living there...
Yeah, well, I paid in advance for months.
I've paid, uh, 1,750 at one time.
Just a second. In what year?
[Dale] This one was, uh, December 31st of 2020,
right when she moved in there, to help her move in.
- Good. - [Dale] Um...
I mean, with your daughter?
Right.
[Judge Judy] Do you regularly pay child support, Mr. Eber?
- Yeah. This is part of the... - [Judge Judy] No, no.
...child support but she was collecting welfare fraudulently
and not reporting the money I was giving her.
Well, that's terrible.
When did you find that out?
Um, when they started garnishing--or--
and taking money out of my bank account.
Oh, you mean you didn't know that she was collecting welfare before that?
No.
[Judge Judy] How did you think she was supporting herself?
[Dale] I was givin' her-- I gave her, uh, my welfare money
and it was $4,800 and I got--
- I gave her $3,000 of it. - [Judge Judy] Just a second.
You gave her half of your welfare money?
[Dale] Yeah, I gave her most, most of it.
Just a second.
[Dale] Yes, I did.
Just a second.
I need--I need an eraser, go and-- I need to erase my brain.
She gets welfare for herself and your daughter?
[Dale] Right.
[Judge Judy] And you get welfare for you?
- No. - [Judge Judy] Well--
what did you mean you give her half your welfare money?
[Dale] I'm a painting contractor and then...
[Judge Judy] So--I don't understand.
Did he say I gave her half my welfare?
I'm sorry, you know, some...
[Dale] No, half of my wildfire money, from losing--
- Wildfire. - [Dale] Wildfire money.
Was that what he said?
I heard welfare.
- I heard welfare. - [Dale] No, I said wildfire.
- You have to be careful. - Sorry.
- Because she's the stenographer. - Okay.
She--thank God, you heard what I heard.
Half of your wildfire money.
- And that's--that was like over... - [Judge Judy] Just a second.
Just a second. Wildfire money, that's a new one.
Look it up.
Wildfire money, this wildfire money,
this wildfire-- was the wildfire, the Paradise Fires?
Yes, ma'am.
[Judge Judy] And you were living together during the Paradise Fires?
[Dale] Yes.
[Judge Judy] In what kind of establishment?
In her parents' house.
So you were living with Ms. Gibbens,
in her parents' house, with your daughter.
Right.
And the wildfires destroyed your parents' house?
- No. - [Judge Judy] No.
No, it had damages but they had to, um, fix those
and then they put it on the market shortly after and sold it.
There was a fire, I don't know if I could look into
the insurance proceeds of what was paid.
[Judge Judy] Then for curiosity Mr. Eber,
who did you get money from?
The Wild--uh, Northern--
I forget the name of it but we got, uh, I think it was $10,000.
Everybody that was, um, evacuated or that was in the fire.
- So you got $10,000? - [Dale] Right. And so did she...
[Judge Judy] For, for being dispossessed from her parents' home?
[Dale] Yes.
[chuckles]
[Dale] No, I--yeah.
Uh-hmm.
I lost my business in the fire.
[Judge Judy] No, no, those are separate things.
If you lost your business in the fire, that's another thing.
Where was your business located?
- Paradise, California. - [Judge Judy] Okay.
And that's separate from where her parents' were?
- [Dale] Right. - [Judge Judy] Okay.
And what was the name of the business?
- Dale's Painting. - [Judge Judy] Dale's Painting.
Where are you located now?
The business is, uh, located 62--
I haven't changed the address to the new address.
Let's move on Mr. Eber to something else, please.
Your personal nonsense has nothing to do with courts,
and if you wanna have a discussion with somebody
about your personal business, go to a counselor,
go to Dr. Phil, it's nonsense.
Courts don't care about it.
[announcer] And later today...
Who's going to speak for the two of you?
I will.
- She gave you a look. - Okay. Better ask again.
(laughs) Who's going to speak for you?
- You. - I am.
Good.
Make sure you didn't give me that look.
[Judge Judy] Yeah.
[theme music playing]
[announcer] Dale Eber claims his former girlfriend
and the mother of their daughter, Ginger Gibbens,
owes for evicting him multiple times and damaging his property.
Ginger is countering for an assault.
[Judge Judy] Okay. Let's move on to replacement of value of damaged property.
Because as you see, I'm singularly unimpressed
with the other parts of your complaint.
Replacement value of damaged property.
What property and how did she damage it?
She, uh, put all my stuff out on her patio.
What stuff?
[Dale] My clothes, my DVDs, my computer.
[Judge Judy] On what date did she put your stuff out?
[Dale] I don't know the dates.
Because, uh, she's the one that put them out.
- [Judge Judy] Okay. - She knows that.
[Judge Judy] Well, on what date were you missing your clothes?
Is that the same day you were missing your computer?
No, actually, um, I, I had left my computer there.
Well--you know, she had put my computer out with my clothes,
- it was all soaking wet. - [Judge Judy] Okay. Okay.
[Dale] Yeah, that was the same day I was--yes, I was missing the computer.
Okay.
- You have a counterclaim. - Yes.
[Judge Judy] Your counterclaim is for assault primarily, for assault.
So I have a couple of questions
because clearly people have nothing better to do than to come here.
I, on the other hand, have better things to do.
I read your answer and I read your counterclaim.
You say in January 2021, he grabbed your purse,
claimed that you had drugs, and "grabbed me by the hands,"
and you ended up spraining your pinky?
Then I'm jumping forward to May of 2021 when you said,
"I filed a restraining order against him because he crossed the line,"
that's what you wrote in your answer, right?
Uh-hmm. Yes.
[Judge Judy] So I'm gonna ask you a simple question,
my question to you is between January 21st of 2021
and on or about May,
did Mr. Eber live with you?
- [Ginger] No. - [Judge Judy] When did he leave?
It was that, that--uh, at the time--
right around the time of that-- of the assault.
[Judge Judy] Well, what happened between January and May?
[Ginger] I did file an, uh, a restraining order, uh, on that incident.
Um, and I--he convinced me to not go through with it, and...
[Judge Judy] How--just a second. How did he convince you?
He's--he, he-- well, he threatened me mostly.
- [Judge Judy] No. Well, tell me. - But he...
- [Judge Judy] Well--just a second. - [Ginger] I'm sorry.
- [Judge Judy] I want you to tell me... - [Ginger] Yes.
...where was he when he convinced you?
Was he on the phone?
Was he on texts?
Was he on email?
Was he in person?
Where was he when he convinced you not to go forward with...
- In multiple--in multiple areas. - [Judge Judy] Multiple areas?
- So I have text messages... - [Judge Judy] You have--
...emails, and phone conversations, uh, a few...
- What about in person? - [Ginger] Um...
- What about him? - Face to face? No.
[Judge Judy] Between January 2021 and now,
has he been in your home?
No.
[Judge Judy] Have you been in his home?
Uh, no. Uh-uh.
So where have you met?
[Ginger] Out--either outside of the apartment.
Um, actually I haven't been able to get him to, uh, to cooperate
with any kind of scheduling or anything like that.
He pretty much comes and goes as he pleases.
[Judge Judy] Comes and goes where?
Uh, well, I mean, to, to the house or whatever to, to see the baby.
Actually, um, he hasn't--he has not been allowed to come around because he---
- um, as of May... - Uh, uh, uh.
Uh, uh, uh, uh, uh, uh.
I have to tell you about courts,
both of you, we're busy.
And your personal nonsense has nothing to do with courts,
and if you wanna have a discussion with somebody
about your personal business and how you can't get along or,
you know, go to a counselor, go to Dr. Phil,
go to somebody who can negotiate visitation,
spend some of your wildfire money on a therapist
who can help you negotiate
how to raise and co-parent this little girl
because you have a little girl together.
Can I address, uh, her, her restraining order?
- I'm throwing it out. - Okay.
[Judge Judy] It's nonsense. The whole thing is nonsense,
your case is nonsense, her case is nonsense.
- I... - [Judge Judy] Courts don't care about it.
You can't get along, don't live together
but don't keep torturing each other.
Because in the process of torturing each other,
what you're doing is you have a child who's a baby.
Yes.
[Judge Judy] Who's growing up with two crazies.
She keeps letting you come back in,
she tosses you out, you come back in,
you float in and out, she may act irresponsibly.
If you have a legitimate claim with regard to her parenting skills...
I do.
[Judge Judy] ...what you do is you go to family court
and you file a petition
so that a judge can set a visitation schedule with your child
if you want visitation.
And if you have a legitimate complaint with her,
with regard to parenting
because you have a complaint that she is a substance abuser,
go to family court and file for custody of your daughter.
- I already have. I... - [Judge Judy] No, no...
I got all the papers right here.
- You've got what? - [Dale] All the papers
and proof that she's, uh, a aggressive person and...
[Judge Judy] No. No, listen to me.
- You're not listening. - [Dale] ...911 called...
You're floating around in the air.
You're in the wrong place,
you're in a place where you want money
and what I'm telling you is if you have a legitimate complaint
with regard to her parenting skills, go to family court
where they will not award you money,
they will award you custody if you're right.
Right now, all you're doing is what my grandmother would say,
"You're blepturing."
You're complaining about her
and you're not putting your money where your mouth is.
You wanna put your money where your mouth is
about a legitimate complaint about her being an unfit parent
and you would be a better parent for your daughter,
go to family court
where you're not seeking $10,000,
where you're seeking the right thing for your child.
- Do you understand? - Yes.
Perfect! Goodbye.
[Kevin] Court is adjourned.
I don't know. Uh, I guess she's right.
I understand completely.
Well, it's mainly her substance abuse.
I do not have a substance abuse problem.
The neglect to my daughter.
I have, uh, all the love in the world for my daughter of course.
And, uh, destroying my personal property
and, you know, every time she's thrown me out.
Good parents for our daughter, absolutely.
That would be great.
You know, Sarah, we talk about this all the time
and it's something that I think I probably said a million times,
you have to love those children
more than you hate each other
because that's your responsibility.
It's as much of a responsibility
for their emotional health as it is to put food on the table.
- Uh-hmm. Yeah. - [Judge Judy] It's just so sad to me
that this little girl has to live
through this tumultuous toddler period.
- [Sarah] Yeah. - Which isn't gonna get better.
- It's unfortunate. - [Judge Judy] Yeah.
Case number 1148, Castillo versus Sainz.
All parties, please step forward.
[announcer] Ralph and Raquel Castillo
are suing photographer Dirseu Sainz
for the return of their deposit.
Mr. and Mrs. Castillo, who is going to speak for the two of you?
I will.
She gave you a look.
Okay. Better ask again.
[chuckles]
Who's going to speak for you?
- You. - I am.
Good.
[Ralph] To make sure you didn't give me that look.
Yeah. Yeah.
- Mr. Castillo, this is your daughter. - [Ralph] Yes.
[Judge Judy] And she was going to have a celebration,
I think it's for her 15th birthday.
Yes.
[Judge Judy] And that has a special name.
- Correct. Quinceanera. - [Judge Judy] Quinceanera?
Tell me about the genesis of that celebration.
Why 15?
It's, it's a celebration of a transition of a young girl into a young adult.
[Judge Judy] Okay.
We walk in and I say, "Can somebody help us?
We have pictures that are locked in our phone."
And some young person comes over and one, two, three,
and voila, fifty pictures.
It's like magic, it's like a genie.
[theme music playing]
[announcer] Ralph and Raquel Castillo claim
photographer Dirseu Sainz
is wrongfully keeping their deposit
after their daughter's quinceanera was cancelled.
Okay. What's your daughter's first name?
Victoria.
[Judge Judy] Unfortunately for Victoria,
she was celebrating her 15th birthday during the pandemic.
[Ralph] Uh-hmm.
But prior to that, you had hired the defendant
to do the photography and videography for the quinceanera?
Correct.
[Judge Judy] In what month was your daughter supposed
- to celebrate her birthday, sir? - April.
[Judge Judy] And you retained the defendant's services on what date?
[Ralph] November 15th of 2019.
When did you finally retain him?
- Because you came to a figure... - [Ralph] Oh.
...and the figure that you came to with him was $750.
When we gave him the deposit.
- [Judge Judy] Of 750? - Seven-fifty.
[Judge Judy] And what was the total amount to be?
[Ralph] Seventeen hundred and fifty.
[Judge Judy] The case is a relatively simple one.
The party had to be cancelled because of COVID restrictions.
Correct.
And you tried to get a refund from Mr. Sainz?
- Yes. - [Judge Judy] And you were unsuccessful
in getting a refund from him
and then it was your daughter's 16th birthday.
(laughs) Yes.
[Judge Judy] And since she missed her 15th big celebration,
you thought that the family could now have a smaller celebration
in April of 2021,
and you asked Mr. Sainz if he would take photographs of that.
- Yes. - [Judge Judy] Where was that held?
At our home, it was just myself, my wife, and my daughter.
We weren't really getting into having a party.
When you called him to come and take those pictures of her 16th birthday,
tell me about the conversation with regard to payment.
Well, we had asked him if we would be able to get a refund
but if we could work something out where we can maybe get a few photos
and maybe deduct something from the refund
since he was having a hard time coming up with the money
and he said, "Don't worry, I'll take care of you."
[Judge Judy] Okay. So, without any further discussion,
you had him come to your home and take photographs on...
- It was actually January. - [Judge Judy] Got it.
Okay. So he came to the house in January.
What time did you get to the house, Mr. Sainz?
Uh, about 1:30, 1:45.
[Judge Judy] And what time did you leave?
Uh, it was maybe 3:30, 4:00 or so.
[Judge Judy] And during that two-hour period,
he was there primarily taking photographs of yourself, your wife, and your daughter.
- Correct. - [Judge Judy] When he left,
he told you he would provide you with photographs.
- [Ralph] Correct. - [Judge Judy] Did he do that?
- Partially. - [Judge Judy] When you say partially,
what did he provide you with?
[Ralph] Fifty-three pictures
and two minute and fifty-three seconds of video on, uh, email.
Yeah, that's the way people do it these days.
- [Ralph] Correct. - Okay.
So you have those photographs?
Not physically.
He said that we can go to Walmart and have 'em printed.
Okay. Do you have the photographs?
- I have some photographs. - [Judge Judy] May I see them, please?
Did you go to Walmart and have them printed?
We never got the thumb drive that he promised.
[Judge Judy] Just a second.
Mr. Sainz, did you deliver them a thumb drive?
I did not. I emailed all the photos and the video.
[Judge Judy] Okay.
Well, these are beautiful photographs, sir.
Did you look at all the photographs that he emailed you?
- Yes. - [Judge Judy] Well, they're lovely
and you look beautiful.
Thank you.
[Judge Judy] Mr. Castillo, you're asking for your refund of your deposit.
He was at your house for two hours.
He sent you fifty-three photographs.
He took video.
Why would you think that you're entitled to your deposit back?
For $750, he came to your house
which means he traveled to your house, I don't know where you live.
- Where do you live? - Uh, Corona.
[Judge Judy] Where do they live?
Uh, like, Murrieta, it's about an hour.
[Judge Judy] So, he had an hour travel time each way, that's two hours.
And he spent two hours with you.
[Ralph] Uh-hmm.
In addition to that, he provided you with 50 photographs
that I assume had to have some work done on them.
- Yeah. - [Judge Judy] Because they always do.
And he provided you with video.
So the man worked for four hours and he provided you with a product.
Why in the world do you think he is responsible
for giving you $750 back?
Well, because we only received two minute and fifty three second of video.
And?
[Ralph] And 53 pictures and no thumb drive.
- [Judge Judy] Well... - How are we gonna print the...
- Just a second. - ...pictures that you have
in your hand without the thumb drive to take the...
[Judge Judy] Listen.
I am so challenged when it comes to doing that.
I am so challenged but I know if you send them by email,
that you can take them in to someone at a CVS, (chuckles)
they do that Mr. Castillo for old people in Florida.
We go in there as if we haven't a clue.
We walk in and I say, "Can somebody help us?
We have pictures that are locked in our phone
and, and we don't know how to work this machine."
And some young person comes over and one, two, three,
they shove something from your phone into a machine
and they press a couple of buttons, and voila, out--spits out...
- [Ralph] Uh-hmm. - ...50 pictures.
It's like magic, it's like a genie.
And then you say, "Thank you very much."
You give them 20 bucks for their trouble.
And that's how you-- Mr. Castillo, that's how you do it.
You take the email, you take it in, and you say to them,
"I have this, could you help me?
I'm old and I'm like Judge Sheindlin.
I don't know what I'm doing.
- Could you fix it for me?" - Uh-hmm.
[Judge Judy] Is there any way Mr. Sainz--
just for my own information,
is there any way that you can take this
because he seems to know something, because he said thumb drive.
- Uh-hmm. - [Judge Judy] Now I have heard
that term before and I actually know it looks like a fob or something.
Is there any way that you could send him that?
I could, yeah.
Yeah, Mr. Sainz, I want you to be a saint.
That might be easier for him.
If--because what he says is,
if he had that, he would know what to do with it.
He doesn't know what to do with it with an email, okay?
Yeah, that sounds [indistinct]
[Judge Judy] Will you take care of that?
Of course.
How long will that take you to take care of that?
To send him a thumb...
Uh, he'll get it in two days in his house.
- Promise me? - I swear.
[Judge Judy] Very good.
You have no case against him Mr. Castillo, your case is dismissed.
You get that to him.
Otherwise, I'm coming to look for you.
- You got it. - Thank you.
- [Kevin] Court is adjourned. - All right.
I feel that if we would've got the thumb drive from the very beginning
instead of waiting all these years, we wouldn't be here today.
I am very happy with the decision Judge Judy made.
Finally, we'll get some, uh, you know,
end result with the, the work he put into it
and we'll actually physically have it, so we can use it.
I'll send the thumb drive to Mr. Castillo and that will--
they'll, they'll get going with their life and I will with mine.
[Sarah] All those people seemed lovely
and I think the plaintiffs were trying to get their money back
because they were unable because of COVID,
like, so many other people to have this special celebration
but I think that the deposit that they did pay
is pretty similar to what they would have paid
for this sort of photo shoot for 50 or so photos,
a little videography.
They sort of canceled each other out
and I don't think the plaintiffs realized that, until you pointed it out to them.
[Judge Judy] Right. And you know sometimes, you need somebody--
in life, you need somebody to blame for something.
You can't blame COVID for the fact that
your daughter didn't have this once in a lifetime event
of transitioning at--at age 15,
so it was easier to blame this photographer,
and they really got professional pictures
and they got professional pictures in their home,
custom, with a thumb drive...
Once he figured it out how to get it printed. (chuckles)
(chuckles) Yes. With a thumb drive for 700 bucks.
I think that that was fair.
Yeah, I do too.
[announcer] Want justice?
Go to JudyJustice.tv.
[theme music playing]