1
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- You are a driver?
- Yes.

2
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How come you vandalized a car?

3
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Just aggravated with the day.

4
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Well, we have a camera system.

5
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He actually ripped it off.

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- You cut the wires?
- Yes.

7
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I can't argue about that.

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[Judge Judy laughs] I would believe that.

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[announcer] This is Judy Justice.

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00:00:20,100 --> 00:00:23,100
[theme music playing]

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[announcer] Sherry Ary is suing
independent contractor James Furtado

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for car damages, breach of contract,
and tow fees.

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[Kevin] Court come to order.

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Be seated, please.

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- Hello, Judge.
- How are you?

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Case 1093, Ary versus Furtado.

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Thank you.

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Ms. Ary, you have a business.

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And let me see if I can summarize

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what I understand your business model is.

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You own a fleet of cars.

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- Uh-hmm.
- Not uh-hmm.

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- That's a yes?
- Yes.

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[Judge Judy] How many?

25
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Uh, how many currently?

26
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Six.

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[Judge Judy] And what you do
is you lease those cars or rent them,

28
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either by the day,
by the month, by the week

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to drivers, who you do not employ,

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they're their own independent contractors.

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They pay for the rental of the car,

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they do trips for you,

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from your client list,

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and they get to keep a portion
of whatever the trip is.

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Is that the business model?

36
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- Yes.
- Correct?

37
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Yes.

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[Judge Judy] So let me understand
the dynamics of it.

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Do you rent the cars
by the day, week, month?

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Daily.

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[Judge Judy] How much
do you charge for a day

42
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to the driver, you are a driver?

43
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- [Sherry] Okay.
- Yes.

44
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[Judge Judy] How much she charge a day?

45
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- There's different fees.
- [Judge Judy] Why?

46
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It all boils down to about 45%,

47
00:01:59,767 --> 00:02:01,900
is what the company actually receives.

48
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[Judge Judy] So they don't actually lease
the car from you,

49
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you take a percentage

50
00:02:06,934 --> 00:02:09,333
of whatever the fairs are?

51
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- Yes. What the fairs are, exactly.
- [Judge Judy] Okay.

52
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So they don't, say, pay you

53
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a hundred dollars plus a percentage.

54
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They work in your car

55
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and what they pay you is 45%

56
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of whatever they collect that day.

57
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Yes.

58
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- [Judge Judy] Is that the way it works?
- No.

59
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[Judge Judy] Okay. How does it work?

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Depending on how she sees
that the money is going in

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for that driver that day,

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she either pay 65%,

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35%,

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or she decides to do it 50/50,

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- whatever she wants to do.
- [Judge Judy] Okay.

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00:02:43,734 --> 00:02:46,800
- Okay. So...
- And we are just... sorry.

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But what you don't do
is pay her for the car?

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[James] Yes, we do.

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- [Judge Judy] You do? How?
- Yeah.

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It's either depending on
if the car was one of the Dodges,

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seven dollars, maybe five dollars a day.

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If it was one of the Mitsubishis,

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$10 a day.

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So in addition to whatever percentage,

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you pay for the car per day?

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Plus two dollars for each dispatched call.

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Plus a dollar for a deductible a day

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and a dollar for escrow.

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- Per day?
- Per day.

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Does that sound right?

81
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Not all of it.

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[Judge Judy] What part is not right?

83
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Okay. Um, the fee of two dollars
is actually $1.85.

84
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That does fluctuate.

85
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I know, it's nothing.

86
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But if you look at it towards
a long period, it is.

87
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- But everything else
- Keep going.

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- [Sherry] And
- Everything else is correct?

89
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Everything else is--yes, it's close.

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[Judge Judy] So you do in fact
charge per day to rent the car.

91
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Uh-hmm.

92
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- [Judge Judy] That's a yes?
- Yes.

93
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- [Judge Judy] And that's a yes?
- Yes.

94
00:03:44,934 --> 00:03:47,333
[Judge Judy] Even though
it's a minimal amount of money.

95
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- [James] Yes.
- But you do charge them.

96
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Okay. And you, Mr. Furtado

97
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Yes.

98
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[Judge Judy] Mr. Furtado
had driven your cars

99
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for a period of time,

100
00:03:57,567 --> 00:03:59,533
for how long, Ms. Ary?

101
00:04:01,066 --> 00:04:03,467
Since April of 2020

102
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until July 18th of 2021.

103
00:04:06,967 --> 00:04:08,734
[Judge Judy] Had he driven every day?

104
00:04:08,800 --> 00:04:10,333
Seven days a week, five days a week,

105
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- four days a week, how do
- Usually five shifts.

106
00:04:12,567 --> 00:04:13,834
- [Judge Judy] Five shifts?
- Yes.

107
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- [Judge Judy] Which is five days.
- Yes.

108
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[Judge Judy] Correct?

109
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Sometimes.

110
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[Judge Judy] Okay. Sometimes more...

111
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[James] Sometimes more. Sometimes less.

112
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Depending if there was
a situation with me.

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- [Judge Judy] Okay.
- And I couldn't drive.

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[Judge Judy] In July of 2021

115
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when there was an incident.

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And according to you the incident,

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which will be described to me later,

118
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resulted in you calling in Mr. Furtado

119
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when telling him that you were
placing him on suspension.

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That's what you say in your complaint.

121
00:04:41,500 --> 00:04:45,000
You then say Mr. Furtado says,
"Then I quit."

122
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And you asked him to return the car,

123
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he said "If you want the car,
come get it, it's in my driveway."

124
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When you went to get the car,
the car wasn't there,

125
00:04:54,467 --> 00:04:56,900
Mr. Furtado told you
that it had been towed,

126
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that he had called a towing company.

127
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He says he called the towing company
to pick up the car

128
00:05:01,834 --> 00:05:03,700
because he was afraid that you would--

129
00:05:03,767 --> 00:05:06,667
I'm telling you what you wrote,
that you called a towing company

130
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because you were afraid

131
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that the plaintiff would call the police

132
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and report the car stolen,

133
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and she said she'd be there in an hour,

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she wasn't there in an hour,

135
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so you called the towing company.

136
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So what you're suing for

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is damage to the car

138
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that you say that the defendant
did to the car,

139
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breach of contract,
I don't know what that is,

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loss of business, tow fees,

141
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and harassment of clients.

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The harassment of clients, the only thing
that you alleged in your complaint

143
00:05:33,834 --> 00:05:36,400
is that he passed out his business cards

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00:05:36,467 --> 00:05:40,734
to drive independently
of your company to your clients.

145
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That's the only allegation in here,
is that correct?

146
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I have a couple more.

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It's the only allegation
that's in the complaint.

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- Okay.
- [Judge Judy] With regard to your clients

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and harassment,

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unless I'm missing something.

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[Sherry] Oh, well,
also the harassment could be

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to another coworker
that he worked with. And...

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00:05:57,734 --> 00:05:59,133
- Oh, no. Not the...
- [Sherry] Okay.

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That's not pled in your complaints,
so I'm not paying any attention to it.

155
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So the harassment of clients,

156
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I'm deleting that.

157
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[theme music playing]

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How come you vandalized her car,
Mr. Furtado?

159
00:06:12,734 --> 00:06:15,266
- Just aggravated with the day. And...
- [Judge Judy] Got it.

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00:06:15,333 --> 00:06:17,567
Okay. Honest, aggravated,

161
00:06:17,633 --> 00:06:19,867
cost money to be honest
and aggravated sometimes.

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Okay. I got it.

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[theme music playing]

164
00:06:34,266 --> 00:06:39,233
[announcer] Sherry Ary claims
independent contractor James Furtado

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00:06:39,300 --> 00:06:43,600
owes for car damages, breach of contracts,
and tow fees.

166
00:06:43,667 --> 00:06:45,300
James is countersuing,

167
00:06:45,367 --> 00:06:48,734
claiming he was wrongfully terminated
by Sherry.

168
00:06:48,800 --> 00:06:50,834
[Judge Judy] Now I am taking a statement

169
00:06:50,900 --> 00:06:54,567
that he did in fact give out
his business cards to your clients.

170
00:06:54,633 --> 00:06:56,033
I'm taking that as a fact.

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00:06:56,100 --> 00:06:57,500
- Yes, but there's also...
- [Judge Judy] Just a second.

172
00:06:57,567 --> 00:07:01,066
a text stating from one of the clients
that he harassed them.

173
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- Harassed her.
- [Judge Judy] Just a second.

174
00:07:02,200 --> 00:07:04,200
I'm not taking a text from a client.

175
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- Okay.
- [Judge Judy] That's hearsay.

176
00:07:05,900 --> 00:07:07,500
- Okay.
- [Judge Judy] What I'm saying

177
00:07:07,567 --> 00:07:10,266
is if a person has a claim
against the defendant

178
00:07:10,333 --> 00:07:13,133
for harassment that person
can file a complaint

179
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and that complaint
will be heard by a court.

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But handing out business cards

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is not harassment.

182
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It may be a violation

183
00:07:19,834 --> 00:07:22,266
of a written contract
that you have with him

184
00:07:22,332 --> 00:07:24,467
- and that I'll of course see.
- [Sherry] Understood.

185
00:07:24,533 --> 00:07:28,033
Because you do have
money owed for breach of contract.

186
00:07:28,567 --> 00:07:30,600
But harassment of clients is out.

187
00:07:30,667 --> 00:07:32,400
Now damages to the car.

188
00:07:32,467 --> 00:07:35,633
On what date did you pick up the car
from the towing company?

189
00:07:35,700 --> 00:07:38,533
[Sherry] I think the 18th,
the same--the same evening.

190
00:07:38,600 --> 00:07:42,266
And what damage do you allege
was done to the car?

191
00:07:42,332 --> 00:07:45,400
Well, we have a camera system
and it also is connected to a gateway

192
00:07:45,467 --> 00:07:47,467
and he actually ripped it off, cut it off,

193
00:07:47,533 --> 00:07:50,967
and the way he ripped it off ruined
both equipment to the vehicle.

194
00:07:51,033 --> 00:07:53,066
- And also...
- [Judge Judy] Was it left in the car?

195
00:07:53,133 --> 00:07:54,332
Yes, it was.

196
00:07:54,400 --> 00:07:56,967
It was left in the car
but it was taken apart?

197
00:07:57,033 --> 00:07:59,100
[Sherry] It was cut and pulled.

198
00:07:59,166 --> 00:08:00,467
May I see, please?

199
00:08:00,533 --> 00:08:01,600
See a photograph of it.

200
00:08:01,667 --> 00:08:03,700
Here's pictures of the vehicle.

201
00:08:03,767 --> 00:08:06,000
[Judge Judy] How long had Mr. Furtado

202
00:08:06,066 --> 00:08:08,667
had the car, that particular car?

203
00:08:08,734 --> 00:08:10,834
[Sherry] He's had it
a pretty long time, actually,

204
00:08:10,900 --> 00:08:13,200
when he started to help out...

205
00:08:13,266 --> 00:08:15,934
- [Judge Judy] Did he have it July 16th?
- [Sherry] Yes.

206
00:08:16,000 --> 00:08:17,633
- July 14th?
- Yes.

207
00:08:17,700 --> 00:08:19,266
[Judge Judy] Okay. Is that correct? So...

208
00:08:19,332 --> 00:08:21,600
- Yes.
- [Judge Judy] And this unit

209
00:08:21,667 --> 00:08:23,332
that you are referring to

210
00:08:23,400 --> 00:08:27,367
was operable on July 14th and 15th?

211
00:08:28,367 --> 00:08:31,266
I have pictures of him
actually in the car that same day.

212
00:08:31,332 --> 00:08:32,767
- [Judge Judy] May I see that?
- Yes.

213
00:08:34,834 --> 00:08:37,600
And also the GPS which shows that too.

214
00:08:52,200 --> 00:08:54,033
[Judge Judy] Do you have
an estimate to fix these?

215
00:08:54,100 --> 00:08:55,800
- [Sherry] Yes, ma'am.
- [Judge Judy] May I see them, please?

216
00:08:55,867 --> 00:08:58,333
[Sherry] So repairs of receipts--
I have receipts.

217
00:08:58,400 --> 00:09:01,000
[Judge Judy] I just want the receipts
so far for those two things

218
00:09:01,066 --> 00:09:02,367
where the wires were cut.

219
00:09:02,433 --> 00:09:05,367
[James] I have copies
of the so-called receipts.

220
00:09:05,433 --> 00:09:07,734
[Sherry] Just the--
for the wires that were cut.

221
00:09:07,800 --> 00:09:08,900
Okay. Got you.

222
00:09:08,967 --> 00:09:10,767
Just for the wires that were cut.

223
00:09:10,834 --> 00:09:12,266
[James] Would it be faster for me
to get them out?

224
00:09:12,333 --> 00:09:13,467
[Judge Judy] Sure.

225
00:09:14,500 --> 00:09:16,233
Yeah, it would. Definitely. Thank you.

226
00:09:18,600 --> 00:09:20,633
[James] This is the only receipt--

227
00:09:21,033 --> 00:09:23,734
or receipts that I received

228
00:09:23,800 --> 00:09:25,734
that has anything to do with the camera.

229
00:09:25,800 --> 00:09:28,233
- [Judge Judy] Okay.
- [Sherry] I have more here.

230
00:09:28,300 --> 00:09:29,400
I just have to find them.

231
00:09:35,700 --> 00:09:37,667
[Judge Judy] It's $85, is that correct?

232
00:09:37,734 --> 00:09:40,165
No. No, $85 was just to check,

233
00:09:40,233 --> 00:09:42,700
if it was operable any longer.

234
00:09:42,767 --> 00:09:45,600
Labor of installing or servicing.
Eighty dollars.

235
00:09:45,667 --> 00:09:48,667
Okay. What I have here
is the cost of the equipment itself.

236
00:09:48,734 --> 00:09:51,834
Just a second.
Did you install this yourself, sir?

237
00:09:51,900 --> 00:09:53,367
- No, ma'am.
- [Judge Judy] She did?

238
00:09:53,433 --> 00:09:54,433
- Yes.
- [Judge Judy] Yeah,

239
00:09:54,500 --> 00:09:55,500
- but you cut the wires.
- Yes.

240
00:09:55,567 --> 00:09:57,367
[Judge Judy] There's no question
that you cut the wires?

241
00:09:57,433 --> 00:09:59,000
I can't argue about that.

242
00:09:59,066 --> 00:10:00,100
I know.

243
00:10:00,166 --> 00:10:01,166
[audience laughs]

244
00:10:01,233 --> 00:10:02,333
I got it.

245
00:10:03,767 --> 00:10:05,433
Then just show me

246
00:10:05,500 --> 00:10:07,400
the paid bill

247
00:10:07,467 --> 00:10:09,000
to reinstall,

248
00:10:09,066 --> 00:10:10,433
if they had to reinstall...

249
00:10:10,500 --> 00:10:12,066
[Sherry] It has not been reinstalled yet.

250
00:10:12,133 --> 00:10:13,867
I have not received the equipment yet.

251
00:10:13,934 --> 00:10:16,000
- From whom?
- [Sherry] A company that actually...

252
00:10:16,066 --> 00:10:17,767
[Judge Judy] Well,
how do I know what it costs?

253
00:10:17,834 --> 00:10:18,900
[Sherry] Right here, ma'am.

254
00:10:18,967 --> 00:10:20,633
- Okay.
- [Sherry] I have the bill and it--

255
00:10:20,700 --> 00:10:22,800
I also have some other stuff here too.

256
00:10:22,867 --> 00:10:25,266
- Don't give me a lot of other stuff.
- [Sherry] Okay.

257
00:10:25,333 --> 00:10:28,166
Stuff I gave up about 15 years ago.

258
00:10:28,233 --> 00:10:29,367
Just give me the bill.

259
00:10:29,433 --> 00:10:30,467
[Sherry] Got you.

260
00:10:33,133 --> 00:10:35,533
I do have the rate of five here,
at a thousand eight hundred

261
00:10:35,600 --> 00:10:37,834
and some odd dollars if you need that.

262
00:10:41,266 --> 00:10:43,700
[Judge Judy] How come
you vandalized her car, Mr. Furtado?

263
00:10:44,700 --> 00:10:45,900
The wires itself,

264
00:10:47,333 --> 00:10:49,066
just aggravated with the day and...

265
00:10:49,133 --> 00:10:50,133
[Judge Judy] Got it.

266
00:10:50,200 --> 00:10:51,300
Okay.

267
00:10:51,367 --> 00:10:54,100
Honest, aggravated,
cost money to be honest

268
00:10:54,165 --> 00:10:55,367
and aggravated sometimes.

269
00:10:55,433 --> 00:10:58,233
Okay. Now what other damage
you alleged to the car?

270
00:10:58,300 --> 00:11:01,600
[Sherry] Also he used superglue
in the vehicle

271
00:11:01,667 --> 00:11:03,400
that damaged a lot of the interior.

272
00:11:03,467 --> 00:11:05,200
Can I see photographs of that?

273
00:11:05,266 --> 00:11:06,433
May I say something about that?

274
00:11:06,500 --> 00:11:10,233
- [Judge Judy] Absolutely.
- Your Honor, I had her permission

275
00:11:10,300 --> 00:11:11,433
to put up signs

276
00:11:11,500 --> 00:11:13,767
because it made it easier
for the customers.

277
00:11:13,834 --> 00:11:15,400
[Judge Judy] I'm not talking about signs.

278
00:11:15,467 --> 00:11:18,200
- She said you superglued purposefully.
- The sign.

279
00:11:18,266 --> 00:11:20,734
The signs. I superglued the signs.

280
00:11:20,800 --> 00:11:23,600
She's gonna show me
if it's where signs would ordinarily go.

281
00:11:24,600 --> 00:11:26,834
- [James] Yup. No problem.
- No problem.

282
00:11:32,700 --> 00:11:34,667
No. No.

283
00:11:34,734 --> 00:11:36,867
This isn't act of vandalism.

284
00:11:36,934 --> 00:11:39,133
This is where clearly signs were.

285
00:11:39,200 --> 00:11:40,433
Next.

286
00:11:41,433 --> 00:11:42,834
Clearly signs were?

287
00:11:42,900 --> 00:11:44,165
Where signs were.

288
00:11:44,233 --> 00:11:45,600
They have Velcro for signs.

289
00:11:45,667 --> 00:11:48,266
He was not given permission
to put those up there.

290
00:11:48,333 --> 00:11:50,667
There were not signs
up there to begin with.

291
00:11:50,734 --> 00:11:52,500
Show me--show me a picture of signs

292
00:11:52,567 --> 00:11:53,800
- that you have in that car.
- [Judge Judy] Five hundred

293
00:11:53,867 --> 00:11:55,367
and forty seven dollars.

294
00:11:55,433 --> 00:11:56,800
Breach of contract.

295
00:11:56,867 --> 00:11:58,600
What contract did he breached?

296
00:11:58,667 --> 00:12:00,834
Independent contractor agreement
that we had

297
00:12:00,900 --> 00:12:03,266
that he does not solicit to our...

298
00:12:03,333 --> 00:12:04,700
May I see the contract

299
00:12:04,767 --> 00:12:06,600
- that you signed with him?
- [Sherry] Yes, ma'am.

300
00:12:07,867 --> 00:12:08,867
Contract.

301
00:12:18,934 --> 00:12:20,400
[Judge Judy] You have
a signed agreement with him?

302
00:12:20,467 --> 00:12:21,533
Yes, it's the very back one.

303
00:12:21,600 --> 00:12:22,667
[Judge Judy] Did you sign this agreement?

304
00:12:23,867 --> 00:12:26,033
- Is that the way you sign your name?
- I had...

305
00:12:26,100 --> 00:12:27,700
[Sherry] It's on the back of that,
for the electronically--

306
00:12:27,767 --> 00:12:28,967
- just the...
- [Judge Judy] Just a second.

307
00:12:29,033 --> 00:12:30,333
Yes, ma'am.

308
00:12:31,934 --> 00:12:33,200
Second to the back one.

309
00:12:34,333 --> 00:12:36,100
[Judge Judy] Yeah,
that's where he signs his name.

310
00:12:36,165 --> 00:12:37,767
That's the way he signs it here.

311
00:12:37,834 --> 00:12:39,100
- Okay.
- [James] Your Honor,

312
00:12:39,165 --> 00:12:41,000
I'd like to say something
about that though.

313
00:12:41,066 --> 00:12:42,667
- I'm gonna read it first.
- [James] Okay, it's...

314
00:12:42,734 --> 00:12:43,734
Just a sec. Don't say anything.

315
00:12:43,800 --> 00:12:44,934
No problem.

316
00:12:51,367 --> 00:12:54,000
- [Judge Judy] What state do you live in?
- Florida.

317
00:12:54,066 --> 00:12:57,700
[Judge Judy] Sarah, see if you can find
anything, in the state of Florida.

318
00:12:58,734 --> 00:13:02,367
For the duration of non-compete clauses

319
00:13:02,433 --> 00:13:04,433
in an employment contract.

320
00:13:04,500 --> 00:13:07,367
I see in your agreement that he signed,

321
00:13:07,433 --> 00:13:09,467
you've put in a four-year period

322
00:13:09,533 --> 00:13:12,133
where he can't go to another company

323
00:13:12,200 --> 00:13:13,800
or drive for anyone else.

324
00:13:13,867 --> 00:13:16,800
I downloaded that from Swift Forms.

325
00:13:16,867 --> 00:13:18,500
Oh, well, that's a problem.

326
00:13:18,567 --> 00:13:21,734
[theme music playing]

327
00:13:21,800 --> 00:13:23,867
Well, it gives your personal
information in the event

328
00:13:23,934 --> 00:13:26,767
that they wanna contact you
independently of her,

329
00:13:26,834 --> 00:13:29,533
which means that if they contact
you independently,

330
00:13:29,600 --> 00:13:32,033
you would charge them less
than if they went through the company.

331
00:13:32,100 --> 00:13:35,233
Okay. So that's gonna cost you 10 bucks.

332
00:13:35,300 --> 00:13:37,400
- Oh.
- That's gonna cost you 10 bucks.

333
00:13:43,300 --> 00:13:46,300
[theme music playing]

334
00:13:49,300 --> 00:13:54,467
[announcer] Sherry Ary is accusing
independent contractor James Furtado

335
00:13:54,533 --> 00:13:57,900
of vandalizing her car
after he was suspended.

336
00:13:57,967 --> 00:14:01,533
James claims he was wrongfully
terminated by Sherry.

337
00:14:01,600 --> 00:14:04,333
[Judge Judy] I see
in your agreement that he signed,

338
00:14:04,400 --> 00:14:06,300
you've put in a four-year period

339
00:14:06,367 --> 00:14:08,900
where he can't go to another company

340
00:14:08,967 --> 00:14:10,600
or drive for anyone else.

341
00:14:10,667 --> 00:14:13,166
That's usually--I thought that--um.

342
00:14:13,333 --> 00:14:16,467
I downloaded that from Swift Forms.

343
00:14:16,533 --> 00:14:18,433
- Oh, well, that's a problem.
- [Sherry] Okay.

344
00:14:18,500 --> 00:14:22,934
I actually find that four-year
non-compete clause

345
00:14:23,000 --> 00:14:26,533
in this kind of situation
unconstitutional.

346
00:14:26,600 --> 00:14:29,300
I can understand that if you're a driver

347
00:14:29,367 --> 00:14:31,066
and you get fired, or discharged,

348
00:14:31,133 --> 00:14:32,734
or you quit one company,

349
00:14:32,800 --> 00:14:35,967
I can absolutely understand
the provision in this contract

350
00:14:36,033 --> 00:14:38,433
that I guarantee you he didn't read

351
00:14:38,500 --> 00:14:42,233
that says he's not allowed to solicit
business by handing out business cards.

352
00:14:42,300 --> 00:14:44,066
You're not allowed to do that in here.

353
00:14:44,133 --> 00:14:45,967
- I understand that.
- [Judge Judy] Okay.

354
00:14:46,033 --> 00:14:47,800
- That's not harassment.
- No.

355
00:14:47,867 --> 00:14:49,934
[Judge Judy]
It says that you're not allowed

356
00:14:50,000 --> 00:14:53,633
to solicit business from any
of her clients for yourself.

357
00:14:53,700 --> 00:14:54,867
- That's what it says.
- Yes.

358
00:14:54,934 --> 00:14:56,967
[Judge Judy] Okay. So you can't do that.

359
00:14:57,033 --> 00:14:59,300
And for that I'm gonna add

360
00:14:59,367 --> 00:15:02,467
probably another 10 bucks
to the damage to the car.

361
00:15:02,533 --> 00:15:03,533
Did you find anything?

362
00:15:03,600 --> 00:15:06,667
[Sarah] Yes,
so it's a reasonable standard, so...

363
00:15:06,734 --> 00:15:08,066
[Judge Judy] Yeah. Well, I find

364
00:15:08,133 --> 00:15:11,233
if in the state of Florida, the standard
is a reasonable period of time.

365
00:15:11,300 --> 00:15:13,767
I find four years totally unreasonable.

366
00:15:13,834 --> 00:15:15,500
- Okay.
- [Judge Judy] But most contracts,

367
00:15:15,567 --> 00:15:17,400
if you can eliminate one clause

368
00:15:17,467 --> 00:15:20,967
that makes otherwise the contract legal,

369
00:15:21,033 --> 00:15:24,500
you don't necessarily have
to void the entire contract.

370
00:15:24,567 --> 00:15:26,500
And there are other provisions in here

371
00:15:26,567 --> 00:15:28,967
that clearly lay out the responsibilities

372
00:15:29,033 --> 00:15:31,200
of both parties to the contract.

373
00:15:31,266 --> 00:15:33,033
So I am deleting

374
00:15:33,100 --> 00:15:35,667
because it's an unreasonable period

375
00:15:35,734 --> 00:15:37,100
and therefore unconscionable,

376
00:15:37,165 --> 00:15:40,700
and therefore depriving
the defendant the ability

377
00:15:40,767 --> 00:15:42,800
to work and earn a living,

378
00:15:42,867 --> 00:15:44,433
the four years that you've placed in here.

379
00:15:44,500 --> 00:15:46,734
So that part I'm absolutely eliminating.

380
00:15:46,800 --> 00:15:49,400
And is that the breach of contract
that you were talking about?

381
00:15:49,467 --> 00:15:52,967
[Sherry] Soliciting to the clients
that we have in our contact list.

382
00:15:53,033 --> 00:15:54,266
Well, he's not allowed to do that.

383
00:15:54,333 --> 00:15:55,967
You're not allowed to use
her contact list.

384
00:15:56,033 --> 00:15:58,500
I don't know what contact list
she's talking about.

385
00:15:58,567 --> 00:16:01,133
But the only kind of soliciting
I did was...

386
00:16:01,200 --> 00:16:02,934
- [Judge Judy] Hand out cards?
- The cards.

387
00:16:03,000 --> 00:16:04,967
- [Judge Judy] Okay.
- So if you look on that card...

388
00:16:06,633 --> 00:16:07,633
can I give you this?

389
00:16:07,700 --> 00:16:10,667
Doesn't say nothing
about a business on that card.

390
00:16:12,467 --> 00:16:14,567
It just has my personal information.

391
00:16:15,567 --> 00:16:17,166
Well, it gives your personal information

392
00:16:17,233 --> 00:16:20,700
in the event that they want to contact you
independently of her,

393
00:16:20,767 --> 00:16:23,600
which means that if they contact
you independently,

394
00:16:23,667 --> 00:16:26,000
you would charge them less
than if they went through the company.

395
00:16:26,066 --> 00:16:27,533
- That's what it means.
- Okay.

396
00:16:27,600 --> 00:16:28,633
- [Judge Judy] Right?
- Yup.

397
00:16:28,700 --> 00:16:31,333
Yup. Okay. So that's--
it's gonna cost you 10 bucks.

398
00:16:31,400 --> 00:16:33,300
- [James] May I say something about this?
- That's gonna cost you 10 bucks.

399
00:16:33,367 --> 00:16:34,367
Oh.

400
00:16:34,433 --> 00:16:35,500
[Judge Judy] That's gonna cost you
10 bucks.

401
00:16:36,667 --> 00:16:38,633
[James] May I say something
about this now?

402
00:16:38,700 --> 00:16:40,734
- [Judge Judy] No, not yet.
- Okay.

403
00:16:40,800 --> 00:16:44,165
[Judge Judy] How much did you pay
in tow fees to get the car from...

404
00:16:44,233 --> 00:16:45,667
- One twenty-five.
- [Judge Judy] Hmm?

405
00:16:45,734 --> 00:16:47,000
One twenty-five.

406
00:16:47,066 --> 00:16:49,934
So far he owes you $682.

407
00:16:50,000 --> 00:16:52,533
That's for the damage to the car
from cutting the wires

408
00:16:52,600 --> 00:16:55,165
at the maximum price that you gave me,

409
00:16:55,233 --> 00:16:58,000
$129 for some other gizmo,

410
00:16:58,066 --> 00:17:00,967
$10 for passing out his business cards

411
00:17:01,033 --> 00:17:04,165
which is a no, no, and a $125 for towing.

412
00:17:04,233 --> 00:17:06,400
Because you shouldn't have
the car towed, sir.

413
00:17:06,467 --> 00:17:08,367
You have the car towed
because you were angry.

414
00:17:08,433 --> 00:17:10,900
And she had to spend money
to get the car out of towing.

415
00:17:10,967 --> 00:17:14,032
Now you have counterclaim
for wrongful termination.

416
00:17:15,200 --> 00:17:16,333
Explain that to me.

417
00:17:16,400 --> 00:17:20,233
[James] I believe that once Ms. Sherry

418
00:17:20,300 --> 00:17:22,867
says, "You're suspended."

419
00:17:22,934 --> 00:17:25,200
She gets the car back, you're really fired

420
00:17:25,266 --> 00:17:26,867
cause she don't like to fire people.

421
00:17:26,934 --> 00:17:30,734
[Judge Judy] Well,
do you know the reason why

422
00:17:30,800 --> 00:17:32,367
she was suspending you?

423
00:17:32,433 --> 00:17:35,166
Just because I made a comment
to another driver.

424
00:17:35,233 --> 00:17:36,600
Okay.

425
00:17:36,667 --> 00:17:37,767
What was the comment?

426
00:17:37,834 --> 00:17:39,200
And what was it about?

427
00:17:39,266 --> 00:17:41,800
[James] It was about how the driver

428
00:17:41,867 --> 00:17:44,333
did not put the pictures

429
00:17:44,400 --> 00:17:47,600
and condition of the cars
at the beginning of the shift

430
00:17:47,667 --> 00:17:49,367
like everybody else did

431
00:17:49,433 --> 00:17:51,834
and I just asked her why

432
00:17:51,900 --> 00:17:54,333
and she came back and said,

433
00:17:54,400 --> 00:17:56,200
"Well, it's really none of your business."

434
00:17:56,266 --> 00:17:59,400
And then I had another cocky remark
I can't say.

435
00:17:59,467 --> 00:18:01,767
- But it's still...
- [Judge Judy chuckles]

436
00:18:01,834 --> 00:18:03,900
- I would believe that.
- [James] It's still kind of clean though,

437
00:18:03,967 --> 00:18:06,200
it's not really bad, but...

438
00:18:06,266 --> 00:18:08,633
[Judge Judy] Then she said,
"Then you're suspended."

439
00:18:08,700 --> 00:18:10,900
- Something very minor, yeah.
- [Judge Judy] Okay.

440
00:18:10,967 --> 00:18:12,700
And then you said, "I quit?"

441
00:18:12,767 --> 00:18:14,333
[James] I've been telling her for months,

442
00:18:14,400 --> 00:18:15,834
I don't play the suspension game

443
00:18:15,900 --> 00:18:17,967
if you're gonna work me, work me.

444
00:18:18,033 --> 00:18:20,033
If not, that'll be the day I quit.

445
00:18:20,100 --> 00:18:21,100
She knew that.

446
00:18:21,166 --> 00:18:22,500
[Judge Judy] Okay.
But don't tell me what you knew.

447
00:18:22,567 --> 00:18:23,800
Did you say, "I quit?"

448
00:18:23,867 --> 00:18:26,100
- Yes.
- [Judge Judy] Oh, okay.

449
00:18:26,166 --> 00:18:27,400
Fine. Good.

450
00:18:27,467 --> 00:18:29,900
Then you have no claim
for wrongful termination. You quit.

451
00:18:30,533 --> 00:18:32,734
Okay. So Ms. Ary.

452
00:18:33,333 --> 00:18:35,400
The amount of money
you were requesting on this claim

453
00:18:35,467 --> 00:18:36,667
is $8,000.

454
00:18:36,734 --> 00:18:38,800
Actually stretching your damages

455
00:18:38,867 --> 00:18:40,500
to as far as I can stretch them.

456
00:18:40,567 --> 00:18:43,033
Your total damage is $682

457
00:18:43,100 --> 00:18:44,834
and that's what I'm awarding you
on your claim.

458
00:18:44,900 --> 00:18:46,967
The counterclaim is dismissed, we're done.
Thank you.

459
00:18:47,033 --> 00:18:48,100
[Kevin] Court is adjourned.

460
00:18:48,166 --> 00:18:50,467
[theme music playing]

461
00:18:50,533 --> 00:18:53,567
Judge Judy always judges fair and just.

462
00:18:53,633 --> 00:18:54,867
I think it was fair.

463
00:18:54,934 --> 00:18:57,433
What he did was injust to the company.

464
00:18:57,500 --> 00:18:59,266
Lies and nothing but lies.

465
00:18:59,333 --> 00:19:01,467
He constantly disrespected other people.

466
00:19:01,533 --> 00:19:04,633
About me being a bad driver,
me giving an attitude.

467
00:19:04,700 --> 00:19:06,600
Constantly going off on dispatchers

468
00:19:06,667 --> 00:19:09,600
and just leaving so much stress
within the work environment

469
00:19:09,667 --> 00:19:11,000
with everyone that worked with him.

470
00:19:11,066 --> 00:19:12,467
I've got so many reviews.

471
00:19:12,533 --> 00:19:15,100
If you was to go on that website
and Google,

472
00:19:16,100 --> 00:19:19,567
maybe about 30 of the reviews
is all about me

473
00:19:19,633 --> 00:19:21,467
with a good attitude and everything else.

474
00:19:21,533 --> 00:19:25,834
I mean, Velcro and superglue
all over the car.

475
00:19:25,900 --> 00:19:27,166
I don't know what she's talking about.

476
00:19:27,233 --> 00:19:29,200
He did not have permission to do that.

477
00:19:29,266 --> 00:19:32,567
Got on your nerves,
so I guess I was just over the limit

478
00:19:32,633 --> 00:19:35,300
that day that, you know,
all this happened, and...

479
00:19:36,300 --> 00:19:38,333
[laughs] I couldn't believe it.

480
00:19:38,400 --> 00:19:40,834
Yeah, just watch out for who you work for.

481
00:19:41,834 --> 00:19:44,667
[Sarah] So although Florida
does have a reasonable standard

482
00:19:44,734 --> 00:19:48,934
for non-compete clauses
and how long they can last for,

483
00:19:49,000 --> 00:19:51,967
just the quick research
I was able to do courts in Florida

484
00:19:52,033 --> 00:19:54,800
seem to deem anything under six months

485
00:19:54,867 --> 00:19:56,000
as reasonable.

486
00:19:56,066 --> 00:19:58,266
And anything over two years

487
00:19:58,333 --> 00:20:01,600
to be unreasonable
or in need of more information

488
00:20:01,667 --> 00:20:03,967
of why you need your non-complete clause

489
00:20:04,033 --> 00:20:05,567
to last for that long, so...

490
00:20:05,633 --> 00:20:07,433
- Yeah, it just didn't sound right to me.
- [Sarah] Yeah.

491
00:20:07,500 --> 00:20:10,033
I mean, he didn't have
any real intellectual property

492
00:20:10,100 --> 00:20:12,800
that had to be protected
for a long period of time.

493
00:20:12,867 --> 00:20:15,133
And he earned his living by driving cars.

494
00:20:15,200 --> 00:20:16,934
What is he supposed to do
for four years?

495
00:20:17,000 --> 00:20:19,133
- Yeah.
- [Judge Judy] You know, as I always say,

496
00:20:19,200 --> 00:20:21,967
I may take a different job
but I'm not gonna be a ballet dancer.

497
00:20:22,033 --> 00:20:24,233
I'm always gonna stay in my lane.

498
00:20:24,300 --> 00:20:26,600
So to prevent him from staying in his lane

499
00:20:26,667 --> 00:20:28,200
for four years was outrageous.

500
00:20:28,266 --> 00:20:30,734
Anyway, people should take that
as a lesson.

501
00:20:30,800 --> 00:20:33,633
When you download forms,
they're not always right.

502
00:20:33,700 --> 00:20:34,900
Uh-hmm.

503
00:20:36,700 --> 00:20:40,066
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504
00:20:40,133 --> 00:20:43,133
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