1 00:00:00,000 --> 00:00:01,667 [Acker] You weren't just a contractor. 2 00:00:01,734 --> 00:00:03,834 -You guys had a thing. -No. 3 00:00:04,934 --> 00:00:06,734 -Just friends. -Right. 4 00:00:06,800 --> 00:00:11,200 That's my foot, and that is him massaging my foot. 5 00:00:11,266 --> 00:00:12,900 -That ain't me. -That's him. 6 00:00:12,967 --> 00:00:14,600 That ain't true. 7 00:00:14,667 --> 00:00:17,667 You should be proud that somebody like this would want to hang out with you. 8 00:00:17,734 --> 00:00:19,867 [narrator] Today on Tribunal Justice. 9 00:00:41,100 --> 00:00:44,233 [narrator] This case was filed in Compton, California. 10 00:00:44,300 --> 00:00:49,433 This is case number 1025 on the calendar, in the matter of Cary v. Kelly. 11 00:00:49,500 --> 00:00:51,967 Parties have been sworn in. You may be seated. 12 00:00:52,033 --> 00:00:53,967 -[Levy] Thank you, Byrd. -You're welcome, Judge. 13 00:00:54,033 --> 00:00:56,367 Mr. Cary, you are a painter by trade. 14 00:00:56,433 --> 00:00:58,633 No, I'm a carpenter by trade. 15 00:00:58,700 --> 00:01:00,333 -So you're a Carpenter by trade? -Yes. 16 00:01:00,400 --> 00:01:02,600 You met the defendant about three years ago. 17 00:01:02,667 --> 00:01:03,900 -Yes. -Okay. 18 00:01:03,967 --> 00:01:06,433 And you've been doing work for her for about three years. 19 00:01:06,500 --> 00:01:09,100 -Yes. -But unlike most contractors 20 00:01:09,166 --> 00:01:11,367 or carpenters who do work in people's houses, 21 00:01:11,433 --> 00:01:14,567 the work that you do for the defendant, when you do that work, 22 00:01:14,633 --> 00:01:16,567 -you stay at her home. -Usually. 23 00:01:16,633 --> 00:01:19,500 -[Levy] Right. You live in Las Vegas. -Yes. 24 00:01:19,567 --> 00:01:22,633 When she has work that she needs done, she lets you know. 25 00:01:22,700 --> 00:01:27,433 You jump on a bus. You go from Vegas to her home in Los Angeles, 26 00:01:27,500 --> 00:01:29,533 and that's been going on for about three years. 27 00:01:29,600 --> 00:01:33,100 This past April, the defendant asked you 28 00:01:33,166 --> 00:01:38,500 to come to her home to build a deck or a platform in her backyard, 29 00:01:38,567 --> 00:01:40,734 that she needed because she was having a birthday party. 30 00:01:40,800 --> 00:01:42,834 -Yes. -You were there for about a week 31 00:01:42,900 --> 00:01:45,600 -when things turned sour. -Yes. 32 00:01:45,667 --> 00:01:49,100 She told you to pack up your tools and leave. 33 00:01:49,166 --> 00:01:50,767 -Yes. -Problem was, 34 00:01:50,834 --> 00:01:54,866 you were taking a bus back to Las Vegas, you had quite a number of tools. 35 00:01:54,934 --> 00:01:59,166 You couldn't take them on the bus, so you had to leave the tools behind. 36 00:01:59,233 --> 00:02:01,467 -Yes. -She said to you, 37 00:02:01,533 --> 00:02:05,000 come back within a couple of months, pick up your tools, 38 00:02:05,066 --> 00:02:06,767 and that'll be the end of it and we're done. 39 00:02:06,834 --> 00:02:07,767 -Yes. -[Levy] All right. 40 00:02:07,834 --> 00:02:10,133 But two months came and went. 41 00:02:10,199 --> 00:02:12,266 You never went to go pick up the tools. 42 00:02:12,333 --> 00:02:14,800 You never sent anyone to get the tools. 43 00:02:14,867 --> 00:02:18,200 And she, or someone on her behalf, 44 00:02:18,266 --> 00:02:20,800 got rid of the tools and had them tossed out. 45 00:02:20,867 --> 00:02:23,266 -That part I didn't know about. -[Levy] Okay. 46 00:02:23,333 --> 00:02:25,867 -[laughs] -Well, that's what she says, they're gone. 47 00:02:25,934 --> 00:02:27,834 Oh, yeah, she did tell me they're gone, right? 48 00:02:27,900 --> 00:02:30,000 -But I didn't know what that meant. -[Levy] Yeah, gone. 49 00:02:30,066 --> 00:02:31,734 -Like, gone. -[Cary] Right. 50 00:02:31,800 --> 00:02:35,433 And now you're suing the defendant for the value of your tools, 51 00:02:35,500 --> 00:02:38,166 which you place at $2,200. 52 00:02:38,233 --> 00:02:41,000 Also for lost wages for $500. 53 00:02:41,066 --> 00:02:42,900 -Right. -[Levy] Round-trip transportation 54 00:02:42,966 --> 00:02:46,200 from Las Vegas to LA, $500, 55 00:02:46,266 --> 00:02:48,800 and court costs of $300, 56 00:02:48,867 --> 00:02:50,767 -totaling $3,500. -Right. 57 00:02:50,834 --> 00:02:54,800 Now, the defendant says she owes you nothing. 58 00:02:54,867 --> 00:02:59,500 What she says is that she gave you plenty of time to come back 59 00:02:59,567 --> 00:03:01,800 and either pick up the tools yourself, 60 00:03:01,867 --> 00:03:05,834 or have someone else come to do so and you failed to do so. 61 00:03:05,900 --> 00:03:07,934 And as a result she threw them away, 62 00:03:08,000 --> 00:03:10,533 and she doesn't owe you any money for those tools. 63 00:03:10,600 --> 00:03:12,433 As far as the lost wages, 64 00:03:12,500 --> 00:03:17,066 she says that she's not responsible for your $500 lost wages request 65 00:03:17,133 --> 00:03:20,266 because that's never the way that things work between the two of you. 66 00:03:20,333 --> 00:03:24,133 When you came out to do work for her, she never paid for work you may have lost. 67 00:03:24,200 --> 00:03:26,966 You didn't provide any proof to her that you had other jobs 68 00:03:27,033 --> 00:03:29,466 that you were not getting as a result of doing work for her, 69 00:03:29,533 --> 00:03:31,934 so she says she doesn't owe that to you either. 70 00:03:32,000 --> 00:03:35,700 She also says as far as transportation, she's not responsible for that 71 00:03:35,767 --> 00:03:38,433 because that's the arrangement that you historically had, 72 00:03:38,500 --> 00:03:39,433 and she doesn't know you anything. 73 00:03:39,500 --> 00:03:41,367 That's at least her case. Is that right, ma'am? 74 00:03:41,433 --> 00:03:42,867 -That's right. -[Levy] But we're not done 75 00:03:42,934 --> 00:03:44,300 because you have a counterclaim. 76 00:03:44,367 --> 00:03:47,300 So now you are seeking damages from the plaintiff 77 00:03:47,367 --> 00:03:50,266 for $1,500 in storage fees 78 00:03:50,333 --> 00:03:53,567 for the tools that you eventually threw away. 79 00:03:53,633 --> 00:03:54,600 -Yes. -[Levy] Okay. 80 00:03:54,667 --> 00:03:57,900 -And $250 for lodging at your home. -Yes. 81 00:03:57,966 --> 00:04:01,200 Despite the fact that you have never charged him for lodging before. 82 00:04:01,266 --> 00:04:02,133 -I have. -You have. 83 00:04:02,200 --> 00:04:03,367 -I have. -Okay, we'll get to that. 84 00:04:03,433 --> 00:04:06,600 And $5,056 85 00:04:06,667 --> 00:04:10,567 to repair shoddy work that you claim he did at your home. 86 00:04:10,633 --> 00:04:14,433 -Correct. -Totaling $6,806. 87 00:04:14,500 --> 00:04:15,500 -Correct. -[Levy] Okay. 88 00:04:15,567 --> 00:04:18,767 Oof! Okay, Mr. Cary, why don't you tell us 89 00:04:18,834 --> 00:04:21,233 how it was when it was that you met the defendant. 90 00:04:21,300 --> 00:04:25,400 It was, like, March 2020. 91 00:04:25,467 --> 00:04:27,300 -As soon as COVID hit. -All right. 92 00:04:27,367 --> 00:04:30,166 And when was it that you started going to her home, 93 00:04:30,233 --> 00:04:32,400 doing work, and staying at her home? 94 00:04:32,467 --> 00:04:34,600 -Immediately. -What was the nature 95 00:04:34,667 --> 00:04:36,767 of your relationship with the defendant? 96 00:04:36,834 --> 00:04:40,633 Were you ever more than just a contractor and a client? 97 00:04:40,700 --> 00:04:43,066 -You understand what I'm saying, sir? -Yes, we were friends. 98 00:04:43,133 --> 00:04:45,266 -Just friends. Platonic. -Yeah. 99 00:04:45,332 --> 00:04:46,800 Okay. Is that true, ma'am? 100 00:04:46,867 --> 00:04:50,100 -No, it is not. -[Levy] Okay, we'll get to that. 101 00:04:50,166 --> 00:04:51,266 [audience chuckles] 102 00:04:51,332 --> 00:04:55,066 How many times, Mr. Cary, would you say that you worked 103 00:04:55,133 --> 00:04:58,734 for the defendant in her home over that three-year period? How many times? 104 00:04:58,800 --> 00:05:01,000 How many different occasions did I actually catch the bus 105 00:05:01,066 --> 00:05:02,433 -to come out there and go back? -Yes. 106 00:05:02,500 --> 00:05:05,266 -Fifteen. -[Levy] Fifteen. Are we in the ball park? 107 00:05:05,333 --> 00:05:06,533 -[Kelly] Nope. -Okay. 108 00:05:06,600 --> 00:05:09,433 What do you say the more accurate number is? 109 00:05:09,500 --> 00:05:11,333 -Maybe 10? -[Levy] All right. 110 00:05:11,400 --> 00:05:13,166 We can agree it was about 10 to 15 times? 111 00:05:13,233 --> 00:05:14,200 -[both] Yes. -[Levy] Very good. 112 00:05:14,266 --> 00:05:18,200 When you went to do work for the defendant at her home, did she pay you? 113 00:05:18,266 --> 00:05:19,133 -Yes. -Okay. 114 00:05:19,200 --> 00:05:21,700 And did she reimburse you at all 115 00:05:21,767 --> 00:05:25,900 for lost wages that you were not getting for jobs in Las Vegas? 116 00:05:25,967 --> 00:05:29,800 No, 'cause actually all of those times, 117 00:05:29,867 --> 00:05:32,667 the only jobs I was getting were jobs for her, 118 00:05:32,734 --> 00:05:35,000 and other people, I was kind of working for myself. 119 00:05:35,066 --> 00:05:36,600 -[Levy] Okay -But this particular time 120 00:05:36,667 --> 00:05:41,400 when this incident happened, I actually had a job 121 00:05:41,467 --> 00:05:42,767 -for a paint shop. -[Levy] Okay, we're gonna get-- 122 00:05:42,834 --> 00:05:44,700 'Cause an incident happened in which again, 123 00:05:44,767 --> 00:05:46,834 she told you to pack up your tools and leave, in April. 124 00:05:46,900 --> 00:05:48,734 So that was the only time that you claim 125 00:05:48,800 --> 00:05:52,834 you lost work as a result of coming out to LA and doing work for the defendant. 126 00:05:52,900 --> 00:05:53,767 [Cary] Yes. 127 00:05:53,834 --> 00:05:57,000 Did she ever reimburse you for your travel when you did come out? 128 00:05:57,066 --> 00:05:58,033 -Yes. -[Levy] Okay. 129 00:05:58,100 --> 00:06:02,133 Where in her home would you stay when you did come out to do work? 130 00:06:02,200 --> 00:06:06,266 There was a room set aside just for me, which by the way, I painted it. 131 00:06:06,333 --> 00:06:09,300 Now this $2,200 that you're seeking back from the defendant 132 00:06:09,367 --> 00:06:12,600 for the tools that she threw away. Who paid for them? 133 00:06:12,667 --> 00:06:13,767 -I did. -[Levy] Okay. 134 00:06:13,834 --> 00:06:17,467 And as the plaintiff in this case, you understand it is your burden of proof 135 00:06:17,533 --> 00:06:21,066 to prove that you paid for them and what their value was. 136 00:06:21,133 --> 00:06:23,900 -Right. -So do you have any evidence today 137 00:06:23,967 --> 00:06:26,567 -that shows the value of those tools. -No. 138 00:06:27,266 --> 00:06:29,800 [narrator] Coming up on Tribunal Justice. 139 00:06:29,867 --> 00:06:32,367 This piece of evidence that you submitted, Miss Kelly 140 00:06:32,433 --> 00:06:37,066 of the defendant, "Him, Dave, in my room, massaging my feet 141 00:06:37,133 --> 00:06:39,734 -in case he brings it up or tries to lie. -Yeah. 142 00:06:39,800 --> 00:06:42,100 -[Acker] Wha-- -I never touched her feet. 143 00:06:49,166 --> 00:06:53,533 [narrator] Contractor, David Cary, accused his client, Laurita Kelly 144 00:06:53,600 --> 00:06:56,734 of throwing away his tools without permission. 145 00:06:56,800 --> 00:07:01,133 Laurita says he damaged her property and didn't pay for lodging. 146 00:07:01,600 --> 00:07:05,233 Now the defendant, however, I think has a different story about those tools. 147 00:07:05,300 --> 00:07:06,467 Why don't you tell us about that? 148 00:07:06,533 --> 00:07:09,867 Well, most of the tools I got from a friend whose husband passed away. 149 00:07:09,934 --> 00:07:12,100 Did you gift him power tools? 150 00:07:12,166 --> 00:07:13,633 -[Kelly] Yes, I did. -Is that true? 151 00:07:13,700 --> 00:07:14,867 The lady, her friend, 152 00:07:14,934 --> 00:07:17,367 said, "Hey, my husband died, do you want some of this stuff?" 153 00:07:17,433 --> 00:07:18,600 So she gave it to me. 154 00:07:18,667 --> 00:07:21,500 So, as far as the power tool goes, this is what's gonna be important. 155 00:07:21,567 --> 00:07:24,867 It's a bailment. You had tools at her home. 156 00:07:24,934 --> 00:07:26,800 -Right. -They were safeguarded in her home. 157 00:07:26,867 --> 00:07:29,233 -Yeah. -Did she tell you at any time, 158 00:07:29,300 --> 00:07:31,900 verbally, or in writing via text messages, 159 00:07:31,967 --> 00:07:36,533 that you had a certain amount of time to come to her home to pick up those tools. 160 00:07:36,600 --> 00:07:39,800 She told me that on that last day when she kicked me off her property. 161 00:07:39,867 --> 00:07:42,200 Okay, so she told you that, that was April 12th. 162 00:07:42,266 --> 00:07:43,533 You texted her back and said, 163 00:07:43,600 --> 00:07:46,233 "I've made arrangements to get my power tools from your house, 164 00:07:46,300 --> 00:07:49,734 since you told me I have 30 days from the first to pick them up. 165 00:07:49,800 --> 00:07:51,332 -Right. -Okay. She said, "Great, 166 00:07:51,400 --> 00:07:53,500 -they should be gone by June 1st." -Right. 167 00:07:53,567 --> 00:07:55,900 -Did you get them by June 1st? -No. 168 00:07:55,967 --> 00:07:58,066 -Did you get them by June 15th? -No. 169 00:07:58,133 --> 00:07:59,734 -Did you get them by June 30th? -No. 170 00:07:59,800 --> 00:08:01,734 -And any time in July. -No. 171 00:08:01,800 --> 00:08:03,200 [Levy] I'm done. Judge Acker. 172 00:08:03,266 --> 00:08:06,633 I'm a little bit confused by your defense, ma'am, 173 00:08:06,700 --> 00:08:10,533 because you say that you don't owe him any money for the tools you threw away 174 00:08:10,600 --> 00:08:12,066 because you gifted him... 175 00:08:12,133 --> 00:08:13,266 -I did. -...those tools. 176 00:08:13,333 --> 00:08:15,266 I thought your answer was really interesting 177 00:08:15,333 --> 00:08:19,400 because you say that he was a handyman with no truck... 178 00:08:19,467 --> 00:08:21,100 -[Kelly] No truck. -...no bicycle, 179 00:08:21,166 --> 00:08:22,700 -no tricycle. -No tricycle either. 180 00:08:22,767 --> 00:08:27,066 -Nothing. -[Acker] He had no tools, none, not one. 181 00:08:27,133 --> 00:08:28,066 [Kelly] None at all. 182 00:08:28,133 --> 00:08:32,834 And you gave him these tools, over which he's now suing, as a gift. 183 00:08:32,900 --> 00:08:34,533 -I did. -Like, as a gift, 184 00:08:34,600 --> 00:08:36,467 -or are they-- -Yeah, 'cause I had no need of these tools 185 00:08:36,533 --> 00:08:39,299 anymore, storing around my house, so... 186 00:08:39,366 --> 00:08:41,165 So, you think that when you give somebody a gift, 187 00:08:41,232 --> 00:08:43,799 you can just take it back because you get mad at them? 188 00:08:43,866 --> 00:08:47,066 No, I think he could come pick 'em up on the day he said he could pick 'em up. 189 00:08:47,133 --> 00:08:50,734 And he did not pick up the tools. He didn't come until August. 190 00:08:50,800 --> 00:08:52,467 [Acker] Why did it take you so long, sir, 191 00:08:52,533 --> 00:08:56,800 because she's making a good case that perhaps you abandoned these tools. 192 00:08:56,867 --> 00:08:59,734 By the way, I had a messed up phone. I had it all in there, right? 193 00:08:59,800 --> 00:09:01,834 -Text messages between-- -[Acker] She said-- I'm not surprised. 194 00:09:01,900 --> 00:09:04,000 She said you didn't have a bicycle or a tricycle, 195 00:09:04,066 --> 00:09:06,000 so I'm not surprised by the messed-up phone. 196 00:09:06,066 --> 00:09:08,166 -You're surprised I've got a phone, huh? -I'm just messing with you. 197 00:09:08,233 --> 00:09:10,333 -[laughs] -[Acker] No but seriously, 198 00:09:10,400 --> 00:09:14,033 if she threw it away because you abandoned it, 199 00:09:14,100 --> 00:09:15,500 that's different from her saying, 200 00:09:15,567 --> 00:09:17,834 "You know what, this is a gift I'm going to take back." 201 00:09:17,900 --> 00:09:19,467 That's what I thought her defense was. 202 00:09:19,533 --> 00:09:22,767 How do you abandon something all of a sudden in two months, 203 00:09:22,834 --> 00:09:24,800 when it's been over there for two years. 204 00:09:24,867 --> 00:09:27,900 When somebody says, come get it by June 1st and you don't come get it? 205 00:09:27,967 --> 00:09:29,834 [Acker] I need to ask you something, 206 00:09:29,900 --> 00:09:32,800 this piece of evidence that you submitted, Miss Kelly... 207 00:09:32,867 --> 00:09:34,467 -Mm-hm. ...of the defendant, 208 00:09:34,533 --> 00:09:37,467 "Him, Dave, in my room massaging my feet, 209 00:09:37,533 --> 00:09:40,300 -in case he brings it up or tries to lie." -Yeah. 210 00:09:40,367 --> 00:09:42,633 -[Acker] Wha-- -I never touched her feet. 211 00:09:42,700 --> 00:09:44,266 -[Kelly] That's my bedroom... -[Cary] Never touched her feet. 212 00:09:44,333 --> 00:09:45,500 ...I have a purple bedroom. 213 00:09:45,567 --> 00:09:50,033 That's my foot and that is him massaging my foot. 214 00:09:50,100 --> 00:09:52,867 [Cary] That ain't true, that's somebody else's hands. 215 00:09:52,934 --> 00:09:54,600 Put a close-up on him side by side, that is him! 216 00:09:54,667 --> 00:09:55,900 -Somebody else's hands. -[Acker] That is definitely him. 217 00:09:55,967 --> 00:09:57,967 -Show a picture of my face. -[Kelly] That's him. 218 00:09:58,033 --> 00:09:59,800 Let me just ask you something, sir, 219 00:09:59,867 --> 00:10:01,500 -why would she have a picture-- -That ain't me! 220 00:10:01,567 --> 00:10:02,667 [Acker] It kind of looks like you. 221 00:10:02,734 --> 00:10:04,266 Why would she have a picture of you 222 00:10:04,333 --> 00:10:05,967 -massaging somebody else's feet. -That's not me. 223 00:10:06,033 --> 00:10:09,100 But I'm gonna put all this aside. The reason I'm exploring this 224 00:10:09,166 --> 00:10:11,200 is because she took pains in her answer. 225 00:10:11,266 --> 00:10:13,867 She was, like, "He is going to show up 226 00:10:13,934 --> 00:10:18,066 and try to disavow everything that took place between us." 227 00:10:18,133 --> 00:10:20,100 And that's why she submitted that picture. 228 00:10:20,166 --> 00:10:22,600 What is supposed to have took place between us? I'm waiting to hear that part. 229 00:10:22,667 --> 00:10:25,133 It actually plays into a theory of the case, 230 00:10:25,200 --> 00:10:27,367 because you weren't just a contractor. 231 00:10:27,433 --> 00:10:28,834 You guys had a thing. 232 00:10:28,900 --> 00:10:30,233 -No, we did not. -[Acker] This is the theory. 233 00:10:30,300 --> 00:10:32,100 I need you to stop talking. You asked me a question. 234 00:10:32,165 --> 00:10:34,467 Because the two of you may have been involved. 235 00:10:34,533 --> 00:10:35,934 It went south. 236 00:10:36,000 --> 00:10:38,133 She submitted that evidence to say 237 00:10:38,200 --> 00:10:40,433 he's going to deny the fact that we were involved, 238 00:10:40,500 --> 00:10:41,567 but we were. 239 00:10:41,633 --> 00:10:43,900 This was not an arm's length transaction. 240 00:10:43,967 --> 00:10:46,800 Which actually, it supports her position 241 00:10:46,867 --> 00:10:49,500 that you know what, maybe you did abandon the tools 242 00:10:49,567 --> 00:10:51,033 because you were just done with it. 243 00:10:51,100 --> 00:10:53,767 You should be proud that somebody like this would want to hang out with you. 244 00:10:53,834 --> 00:10:56,165 That's all. That's all I got. Thank you. 245 00:10:56,233 --> 00:10:59,000 [DiMango] I think there's more that meets the eye here for sure. 246 00:10:59,066 --> 00:11:00,133 There definitely is. 247 00:11:00,200 --> 00:11:03,166 The fact that there's this tension in here, 248 00:11:03,233 --> 00:11:06,033 and you're leaving these tools behind, 249 00:11:06,100 --> 00:11:08,567 it reeks of passive-aggressive behavior. 250 00:11:08,633 --> 00:11:12,066 You know you're gonna leave it there. She's going to say come and get it 251 00:11:12,133 --> 00:11:14,100 and you're just gonna keep pushing the envelope. 252 00:11:14,166 --> 00:11:17,767 She was holding on to your property. She was storing it. 253 00:11:17,834 --> 00:11:20,834 Storage means you hold on to it. You take care of it, right? 254 00:11:20,900 --> 00:11:24,867 She was storing it until the date certain. 255 00:11:24,934 --> 00:11:28,834 Not, as pointed out by both of my colleagues, beyond the June 1st date. 256 00:11:28,900 --> 00:11:32,700 So when you left them there, at that point, that ended a bailment, 257 00:11:32,767 --> 00:11:35,567 which meant that she could do what she wants. 258 00:11:35,633 --> 00:11:38,967 She could give them back to the other lady, She could sell them online. 259 00:11:39,033 --> 00:11:40,667 That's a clear situation. 260 00:11:40,734 --> 00:11:42,467 Now we know-- What is your name, ma'am? 261 00:11:42,533 --> 00:11:44,233 -Shanae. -Shanae, step up. 262 00:11:44,300 --> 00:11:45,800 -You didn't get the tools, did you? -No. 263 00:11:45,867 --> 00:11:47,133 Okay, so why are you here? 264 00:11:47,200 --> 00:11:50,867 I contacted Dave to come get the tools after June the first, 265 00:11:50,934 --> 00:11:52,165 when he didn't show up. 266 00:11:52,233 --> 00:11:53,800 -I texted him... -[DiMango] Oh, so you're a party-- 267 00:11:53,867 --> 00:11:55,767 You said come and get your stuff out of the house. 268 00:11:55,834 --> 00:11:57,500 -Exactly. -And what was his answer? 269 00:11:57,567 --> 00:12:00,266 I have texts here, um... 270 00:12:00,333 --> 00:12:02,500 Just off the top of your head, do you remember what he said? 271 00:12:02,567 --> 00:12:05,300 -Certainly didn't say I'll be right there. -He was making up excuses. 272 00:12:05,367 --> 00:12:07,000 He couldn't get there... 273 00:12:07,066 --> 00:12:09,800 And you relayed this information to Miss Kelly, correct? 274 00:12:10,266 --> 00:12:12,266 -Yes. -[DiMango] And without the superlatives 275 00:12:12,333 --> 00:12:15,567 that she probably threw in there, what did Miss Kelly say? 276 00:12:15,633 --> 00:12:18,600 She didn't really say anything. She was, like, done, she didn't-- 277 00:12:18,667 --> 00:12:21,934 -[DiMango] You were done with him, right? -That's why I got involved 278 00:12:22,000 --> 00:12:24,767 because it was a lot of tension, she really didn't want him on the property. 279 00:12:24,834 --> 00:12:28,000 -[DiMango] Okay. -I pulled the tools out for him to get. 280 00:12:28,066 --> 00:12:30,333 -Okay, so you put them aside for him. -[Young] Yes. 281 00:12:30,400 --> 00:12:32,433 Now, the problem I have-- Because you have a counterclaim here, 282 00:12:32,500 --> 00:12:34,433 so we're going to look at the counterclaim a little bit. 283 00:12:34,500 --> 00:12:36,600 The problem that I have with the counterclaim 284 00:12:36,667 --> 00:12:38,734 -is you want to charge him for storage. -Yeah. 285 00:12:38,800 --> 00:12:41,700 And if he were to come back and gotten his property, 286 00:12:41,767 --> 00:12:44,066 I might have said, "Well, you stored his property, 287 00:12:44,133 --> 00:12:45,767 you did what the word storage means, 288 00:12:45,834 --> 00:12:48,867 you kept them safe for him until he could return and get them." 289 00:12:48,934 --> 00:12:51,367 But at some point, you didn't do that, 290 00:12:51,433 --> 00:12:53,667 so that puts into question for me 291 00:12:53,734 --> 00:12:56,834 whether or not you would be entitled to any money at all. 292 00:12:56,900 --> 00:12:58,867 Meanwhile, you'd never mentioned to him 293 00:12:58,934 --> 00:13:03,066 that there's a $25-a-day charge for storing your property. 294 00:13:03,133 --> 00:13:05,633 So that kind of puts a hole in your position 295 00:13:05,700 --> 00:13:08,834 that you were entitled to get storage money from him. 296 00:13:08,900 --> 00:13:11,567 I told him that I was going to charge him 297 00:13:11,633 --> 00:13:13,567 if he didn't take those tools off my property, 298 00:13:13,633 --> 00:13:15,233 and he became threatening. 299 00:13:15,300 --> 00:13:16,633 That's the one issue on that. 300 00:13:16,700 --> 00:13:19,567 Now, the second issue that you have is the housing. 301 00:13:19,633 --> 00:13:22,734 You say that he stayed at your home for, I believe, 10 days. 302 00:13:22,800 --> 00:13:26,333 -You were charging him $25 a day for that. -Yes. 303 00:13:26,400 --> 00:13:28,233 And you did mention to, I think it was Judge Levy, 304 00:13:28,300 --> 00:13:30,667 that you did charge him in the past for staying there. 305 00:13:30,734 --> 00:13:34,000 -[Kelly] I have. -And you're saying there's no relationship 306 00:13:34,066 --> 00:13:37,767 so, she might be a very kind woman but she gave you a room-- 307 00:13:37,834 --> 00:13:39,700 According to you. It's your testimony. 308 00:13:39,767 --> 00:13:41,734 She gave you a room that you even painted. 309 00:13:41,800 --> 00:13:45,533 And she would-- I'm asking you, she would charge you to stay there. Correct? 310 00:13:45,600 --> 00:13:47,567 -Am I not get to say anything? -[DiMango] I'm asking you. 311 00:13:47,633 --> 00:13:49,533 Can you repeat the question? [laughs] 312 00:13:50,500 --> 00:13:52,967 [narrator] Coming up on Tribunal Justice. 313 00:13:53,033 --> 00:13:54,867 [Levy] You're pointing to a phone, but the problem is 314 00:13:54,934 --> 00:13:58,266 that if in fact the evidence exists in that phone, 315 00:13:58,333 --> 00:14:02,133 and you don't have it, it doesn't alleviate your responsibility. 316 00:14:10,867 --> 00:14:13,467 She's saying she wants money for you, staying in the room. 317 00:14:13,533 --> 00:14:16,300 -She was charging you $25 a day. -For that 10 days or whatever she is. 318 00:14:16,367 --> 00:14:19,400 Right, so I'm asking you the question. Did she ever charge you to stay there? 319 00:14:19,467 --> 00:14:22,867 A couple of the jobs I did for her, she was charging me 320 00:14:22,934 --> 00:14:24,367 -room and board. -[DiMango] How much? 321 00:14:24,433 --> 00:14:26,300 -What was it... -Did she tell you in advance, 322 00:14:26,367 --> 00:14:28,467 or you just always knew it was $25 a day. 323 00:14:28,533 --> 00:14:31,200 -[Cary] I don't think it was $25 a day. -Miss Kelly, I know-- Miss Kelly. 324 00:14:31,266 --> 00:14:32,200 -Yeah. -Look up here. 325 00:14:32,266 --> 00:14:35,066 -Yes, -Don't think it was that much, $25 a day. 326 00:14:35,133 --> 00:14:38,100 Well, how much less could it have been? Five? I mean, that's ridiculous. 327 00:14:38,165 --> 00:14:40,433 -Okay, so she did charge you in the past-- -If we had a thing on, 328 00:14:40,500 --> 00:14:42,500 why are you charging me anything, that's what I'm saying. 329 00:14:42,567 --> 00:14:45,400 [DiMango] Well, she did and you paid. She did and you paid. 330 00:14:45,467 --> 00:14:47,967 Wait a minute, hold it, that doesn't make any sense. 331 00:14:48,033 --> 00:14:52,367 Well, maybe in your world, but in her world it did and you paid it. 332 00:14:52,433 --> 00:14:54,567 So that's the second issue that she was raising. 333 00:14:54,633 --> 00:14:58,266 The third issue were things that you say he did 334 00:14:58,333 --> 00:15:00,867 that he didn't fix properly. 335 00:15:00,934 --> 00:15:02,633 Did you lay out money to have these things fixed? 336 00:15:02,700 --> 00:15:06,133 I mean, I know you showed us this picture of this door lock here. 337 00:15:06,200 --> 00:15:09,033 [Kelly] He took a saw and chopped the door locks out. 338 00:15:09,100 --> 00:15:10,467 -Pieces won't fit. -Can I see that, please? 339 00:15:10,934 --> 00:15:13,667 -What is that? -It's a door, you know the deadbolt? 340 00:15:13,734 --> 00:15:16,700 That is a door that she didn't even pay me to fix. 341 00:15:16,767 --> 00:15:18,467 I just did that out of the kindness of my heart. 342 00:15:18,533 --> 00:15:20,967 [DiMango] You kind of chopped it off out of the kindness of your heart? 343 00:15:21,033 --> 00:15:24,266 You know what, you were using him to do handyman things around your home, 344 00:15:24,333 --> 00:15:26,734 so he did the quick handyman, 345 00:15:26,800 --> 00:15:29,967 you're my friend, and you're not really paying me to do this kind of job. 346 00:15:30,433 --> 00:15:33,200 That's what he did. Did you pay other people to do this work and fix it? 347 00:15:33,266 --> 00:15:36,400 'Cause I didn't see any proof of any out-of-pocket damages. 348 00:15:36,467 --> 00:15:38,133 You should see the damages. 349 00:15:38,200 --> 00:15:39,834 Yeah, but I don't know what it would cost to fix this. 350 00:15:39,900 --> 00:15:44,066 Anything you can offer us, ma'am, other than you were there to put the tools away. 351 00:15:44,133 --> 00:15:46,266 -No. -Okay, so then you can have a seat. 352 00:15:46,333 --> 00:15:47,900 -Okay, thank you. -And listen, 353 00:15:47,967 --> 00:15:52,734 this relationship here was murky from all sorts of perspectives. 354 00:15:52,800 --> 00:15:56,266 Hopefully, we'll be able to clear up all the murkiness in the testimony 355 00:15:56,333 --> 00:15:58,567 as it applies to the documents you've submitted, 356 00:15:58,633 --> 00:16:00,200 while we deliberate in the back. 357 00:16:00,266 --> 00:16:02,367 You guys never let me say nothing and you're gonna deliberate? 358 00:16:02,433 --> 00:16:03,333 I don't get that. 359 00:16:03,400 --> 00:16:04,767 What do you wanna say? 360 00:16:04,834 --> 00:16:07,900 I wanna say that first of all, me and her never had any kind of relationship-- 361 00:16:07,967 --> 00:16:10,100 Okay, we don't care about that. 362 00:16:10,166 --> 00:16:13,166 [Levy] Mr. Cary, whether or not there was a relationship, 363 00:16:13,233 --> 00:16:16,834 when you're looking for you to be compensated for lost wages, 364 00:16:16,900 --> 00:16:18,467 it doesn't really make a difference. 365 00:16:18,533 --> 00:16:21,500 It's what the past practices were, as we've gotten into, 366 00:16:21,567 --> 00:16:24,800 regarding you paying rent or a room and board. 367 00:16:24,867 --> 00:16:26,333 -That's important. That's money. -[Cary] Right. 368 00:16:26,400 --> 00:16:28,367 You said, though, that you did pay her. 369 00:16:28,433 --> 00:16:29,567 I have before. 370 00:16:29,633 --> 00:16:32,667 But that's five times out of 500. What does that add up to? 371 00:16:32,734 --> 00:16:33,600 I understand. 372 00:16:33,667 --> 00:16:37,100 Everything I had was in this phone. The phone got wet... 373 00:16:37,165 --> 00:16:39,967 So, Mr. Cary, you're pointing to a phone, but the problem is 374 00:16:40,033 --> 00:16:43,367 that if in fact, the evidence exists in that phone 375 00:16:43,433 --> 00:16:47,165 and you don't have it, it doesn't alleviate your responsibility. 376 00:16:47,233 --> 00:16:49,133 We can't accept your word 377 00:16:49,200 --> 00:16:52,867 that you spent the $500 or even the court costs. 378 00:16:52,934 --> 00:16:57,633 You say you spent $300 on court costs. Do you have evidence of that? 379 00:16:57,700 --> 00:17:00,400 That wouldn't be in your phone. That would be a receipt from a court. 380 00:17:00,467 --> 00:17:04,599 I filed a fee waiver at the same time as I filed the case. 381 00:17:04,666 --> 00:17:08,000 I don't know what the judge says until he lets me know. 382 00:17:08,066 --> 00:17:10,233 [Levy] I got it. Thank you, Mr. Cary. Thank you. 383 00:17:10,300 --> 00:17:11,967 We're going to retire to deliberate. Thank you all. 384 00:17:12,032 --> 00:17:15,300 Court now stands in recess. Parties are excused. 385 00:17:16,934 --> 00:17:19,934 As we've seen so many times before, it's not always about money. 386 00:17:20,000 --> 00:17:24,367 There's a back story and when emotions get involved, makes things complicated. 387 00:17:24,433 --> 00:17:28,532 As you both said, very clearly the defendant's request for his tools, 388 00:17:28,600 --> 00:17:31,967 and if in fact he was given an opportunity to come pick 'em up 389 00:17:32,033 --> 00:17:33,467 and he chose not to do so, 390 00:17:33,533 --> 00:17:34,567 then it's on him. 391 00:17:34,633 --> 00:17:36,767 And as we all know, you come in as a plaintiff, 392 00:17:36,834 --> 00:17:39,700 the burden of proof is yours, and if you don't have that proof, 393 00:17:39,767 --> 00:17:43,300 for whatever reason, whether it's intentional, whether it's negligence, 394 00:17:43,367 --> 00:17:46,300 whether he did something to his phone, it doesn't change the burden. 395 00:17:46,367 --> 00:17:49,900 So his lost wages claim, his round-trip transportation claim, 396 00:17:49,967 --> 00:17:51,934 also, I believe, should be dismissed. 397 00:17:52,000 --> 00:17:54,700 As far as his court costs go, they were waived. 398 00:17:54,767 --> 00:17:58,266 As far as her counterclaim goes, as you indicated correctly, 399 00:17:58,333 --> 00:18:01,433 you know she wants $1500 for storage fees, 400 00:18:01,500 --> 00:18:03,567 but she never told him what she was gonna be charging. 401 00:18:03,633 --> 00:18:05,900 She doesn't get anything in my opinion for storage fees. 402 00:18:05,967 --> 00:18:08,433 You know, the lodging is, you know is a different story. 403 00:18:08,500 --> 00:18:11,200 He paid that before, but he didn't always have to pay. 404 00:18:11,266 --> 00:18:13,300 He paid sometimes, he didn't pay other times. 405 00:18:13,367 --> 00:18:16,166 She most certainly didn't say to him, "This time you have to pay." 406 00:18:16,233 --> 00:18:17,967 That's not something that she had indicated. 407 00:18:18,033 --> 00:18:21,367 And the 5,056 for repair for shoddy work. 408 00:18:21,433 --> 00:18:24,700 I think, quite frankly, that if they didn't have that blow up in April, 409 00:18:24,767 --> 00:18:26,667 she would've lived with the door the way it was. 410 00:18:26,734 --> 00:18:29,367 So I believe that the entire matter, quite frankly, should be dismissed. 411 00:18:29,433 --> 00:18:32,500 I'm on the fence about her request for housing costs. 412 00:18:32,567 --> 00:18:34,500 I'm inclined to give her the housing 413 00:18:34,567 --> 00:18:37,934 because there was a practice and I found her more credible than I found him. 414 00:18:38,000 --> 00:18:40,500 [DiMango] Well, I'm closer to wanting to award her the 250 415 00:18:40,567 --> 00:18:43,066 because I think that if he would have been a little more admitting 416 00:18:43,133 --> 00:18:45,433 that there was a relationship, friends with benefits kind of thing, 417 00:18:45,500 --> 00:18:47,333 I might have said, "All right, she was letting him stay." 418 00:18:47,400 --> 00:18:50,266 But he was adamant that wasn't happening, so he's gotta live by that. 419 00:18:50,333 --> 00:18:53,000 So I'm willing to give her the 250 for that. 420 00:18:53,066 --> 00:18:55,033 And with regard to the damages on the door, 421 00:18:55,100 --> 00:18:56,600 yes, she was going to live with that. 422 00:18:56,667 --> 00:18:59,233 If he would've come back, she never would've complained about that. 423 00:18:59,300 --> 00:19:01,633 And the first thing was the storage. Storage is storage. 424 00:19:01,700 --> 00:19:05,367 You don't throw something out after you store it, then say I'm billing you for it. 425 00:19:05,433 --> 00:19:06,667 I would give her the 250. 426 00:19:06,734 --> 00:19:09,333 All right, two to one, that's fine by me. That's the verdict. 427 00:19:12,200 --> 00:19:13,700 Court is back in session. 428 00:19:13,767 --> 00:19:15,433 Parties are reminded, you're still under oath. 429 00:19:15,500 --> 00:19:16,900 -[Levy] Thank you, Byrd. -Mm-hm. 430 00:19:16,967 --> 00:19:18,533 We're gonna start with the counterclaim. 431 00:19:18,600 --> 00:19:22,300 Miss Kelly, you're looking for $6,806. 432 00:19:22,367 --> 00:19:24,867 Fifteen hundred dollars for storage fees for the tools. 433 00:19:24,934 --> 00:19:28,400 The problem with that is that at no time did you indicate to the defendant 434 00:19:28,467 --> 00:19:31,734 what the daily storage rate was going to be for those tools, 435 00:19:31,800 --> 00:19:35,500 which is why that part of your counterclaim is being dismissed. 436 00:19:35,567 --> 00:19:39,800 As far as the 5,056 to repair what you claim was shoddy work at your home. 437 00:19:39,867 --> 00:19:42,367 That is also going to be dismissed for the following reason. 438 00:19:42,433 --> 00:19:45,667 There's nothing that you have provided us to indicate you actually fixed it. 439 00:19:45,734 --> 00:19:48,233 The lodging, a little more difficult. 440 00:19:48,300 --> 00:19:50,033 That was not a unanimous decision. 441 00:19:50,100 --> 00:19:53,567 But you are succeeding on that claim because two of them, 442 00:19:53,633 --> 00:19:57,233 my two colleagues here, decided over my dissent 443 00:19:57,300 --> 00:19:59,734 that you should receive that $250 444 00:19:59,800 --> 00:20:02,934 because there was a past practice, no matter how many times, 445 00:20:03,000 --> 00:20:05,800 that you did charge for room and board. 446 00:20:05,867 --> 00:20:10,133 Mr. Cary, you've valued your tools at $2,200. 447 00:20:10,200 --> 00:20:12,834 Putting aside the fact for a moment that there was no proof of that, 448 00:20:12,900 --> 00:20:16,600 the problem was that the defendant and her witness 449 00:20:16,667 --> 00:20:20,233 provided you, in writing, very clearly which you acknowledged, 450 00:20:20,300 --> 00:20:22,300 their request that you pick up those items. 451 00:20:22,367 --> 00:20:24,834 And as a result, they could do anything they want with that. 452 00:20:24,900 --> 00:20:28,000 What they did was, they put them on the sidewalk and someone took them. 453 00:20:28,066 --> 00:20:30,400 But they're allowed to do that as a matter of law. 454 00:20:30,467 --> 00:20:33,200 The lost wages, the round trip transportation. 455 00:20:33,266 --> 00:20:35,233 The problem is you had that proof on your phone. 456 00:20:35,300 --> 00:20:37,000 There's no provision in the law 457 00:20:37,066 --> 00:20:40,233 to relieve you of your obligation to prove your case 458 00:20:40,300 --> 00:20:43,000 because of a broken phone or or what have you. 459 00:20:43,066 --> 00:20:46,600 If you didn't have that, there's no way that we can rule in your favor. 460 00:20:46,667 --> 00:20:49,734 As far as the court costs go, those fees were waived 461 00:20:49,800 --> 00:20:52,600 and that you did not actually have to pay that out of your own pocket. 462 00:20:52,667 --> 00:20:54,166 We took judicial notice of that. 463 00:20:54,233 --> 00:20:57,200 So it is the unanimous verdict of the court 464 00:20:57,266 --> 00:21:00,600 that the complaint is going to be dismissed in its entirety. 465 00:21:00,667 --> 00:21:03,967 The defendants counterclaim is going to be granted 466 00:21:04,033 --> 00:21:07,400 with my dissent, as to only the $250. 467 00:21:07,467 --> 00:21:10,367 So that is the verdict of the court. Thank you. 468 00:21:10,433 --> 00:21:13,934 [Byrd] This case is concluded. Parties are excused. You may step out. 469 00:21:16,133 --> 00:21:19,767 She was having a birthday party, right? I was going to build a deck for it. 470 00:21:19,834 --> 00:21:23,900 Cause he wanted to DJ and be at my party. That's the real reason. 471 00:21:23,967 --> 00:21:25,600 She wanted me to be the DJ. 472 00:21:25,667 --> 00:21:29,467 I didn't want him to DJ. I never contracted him to DJ. 473 00:21:29,533 --> 00:21:31,567 His music is whack. 474 00:21:31,633 --> 00:21:33,033 She started thinking, wait a minute, 475 00:21:33,100 --> 00:21:35,967 this guy might be shining more than me at my birthday. 476 00:21:36,033 --> 00:21:38,000 So she just cut out the whole thing. 477 00:21:38,066 --> 00:21:40,700 I hope he stays out my life forever and for good. 478 00:21:41,600 --> 00:21:43,066 [narrator] Need to take someone to court? 479 00:21:43,133 --> 00:21:46,467 Let Tribunal Justice decide your case. 480 00:21:46,533 --> 00:21:49,533 Find us on social media at Tribunal Justice.