1 00:00:06,300 --> 00:00:09,233 When did you start seeing problems with the sprinkler system? 2 00:00:09,300 --> 00:00:10,834 As soon as the grass was installed. 3 00:00:10,900 --> 00:00:12,433 That's due to overwatering. 4 00:00:12,500 --> 00:00:14,133 We did have a warranty with the lawn. 5 00:00:14,200 --> 00:00:15,867 And he said, "I will do the warranty work 6 00:00:15,934 --> 00:00:18,333 if you take down the negative Yelp review." 7 00:00:18,400 --> 00:00:20,533 - And you took it down? - Did I take it down? No. 8 00:00:21,333 --> 00:00:25,400 He sent me back a note with a middle finger emoji. 9 00:00:26,233 --> 00:00:29,767 [laughs] Honestly, sir, you can't be that petty. 10 00:00:32,567 --> 00:00:35,934 ["Ride of the Valkyries" plays] 11 00:00:53,633 --> 00:00:58,033 [announcer] Today's case was filed in Santa Clarita, California. 12 00:00:58,100 --> 00:01:02,767 [Cassandra] Your Honor, this is case number 2060, Gollnick versus Clements. 13 00:01:02,834 --> 00:01:04,233 All parties have been sworn in. 14 00:01:04,300 --> 00:01:05,367 - Thank you, Cassandra. - You're welcome. 15 00:01:05,432 --> 00:01:07,834 - You may be seated. - [Judge Levy] All right. 16 00:01:07,900 --> 00:01:10,600 Mr. and Mrs. Gollnick, you hired the defendant 17 00:01:10,667 --> 00:01:15,166 to design and install a new irrigation system, sprinkler system 18 00:01:15,233 --> 00:01:17,533 in the backyard of your newly-purchased home? 19 00:01:17,600 --> 00:01:18,934 - Correct. - Yes, Your Honor. 20 00:01:19,000 --> 00:01:22,734 [Judge Levy] You claim in your lawsuit that your newly-installed sod 21 00:01:22,800 --> 00:01:24,934 - died as a result? - Yes, Your Honor. 22 00:01:25,000 --> 00:01:27,767 [Judge Levy] You're suing him for $9,150, 23 00:01:27,834 --> 00:01:29,867 the cost for a new contractor to come in 24 00:01:30,265 --> 00:01:32,800 - and fix the problems that he caused. - Correct. 25 00:01:33,166 --> 00:01:34,233 - Yes. - [Judge Levy] Mr. Clements, 26 00:01:34,300 --> 00:01:38,500 you say that the current problem with their grass dying is not your fault. 27 00:01:38,567 --> 00:01:41,967 It's their fault 'cause they failed to properly maintain their lawn. 28 00:01:42,033 --> 00:01:44,233 This whole problem is on them. 29 00:01:44,300 --> 00:01:45,300 - Correct. - [Judge Levy] All right. 30 00:01:45,366 --> 00:01:48,433 Mr. and Mrs. Gollnick, it's either one of you, you wanna explain to me 31 00:01:48,500 --> 00:01:51,866 how it was that you met the defendant, what you told him, how we got here? 32 00:01:51,934 --> 00:01:53,600 Yes. When we moved into our new home, 33 00:01:53,667 --> 00:01:56,400 the defendant had a coworker 34 00:01:56,467 --> 00:01:59,066 who was canvassing the neighborhood looking for jobs, 35 00:01:59,133 --> 00:02:00,667 'cause it's a brand-new development. 36 00:02:00,734 --> 00:02:02,900 So they came around. They gave us a quote. 37 00:02:03,500 --> 00:02:06,033 Estimated the job would be completed in three weeks. 38 00:02:06,100 --> 00:02:09,500 Job ended up taking about four and a half months to be completed finally. 39 00:02:09,567 --> 00:02:12,066 [Judge Levy] You know what, let's take a look at the backyard of your home. 40 00:02:12,133 --> 00:02:14,967 We're gonna put that up on the screen so you'd be able to see it. 41 00:02:15,033 --> 00:02:16,266 That's the backyard of your home? 42 00:02:16,333 --> 00:02:17,333 - Yeah. - Correct. 43 00:02:17,400 --> 00:02:20,100 Mr. Gollnick, why don't you walk on up there? 44 00:02:20,166 --> 00:02:22,633 - So they were going to put lines in. - [Paul] Yes. 45 00:02:22,700 --> 00:02:23,700 - They were going... - [Paul] They installed lines 46 00:02:23,767 --> 00:02:25,200 and drainage into this area. 47 00:02:25,266 --> 00:02:26,867 There's sprinkler heads installed here 48 00:02:26,934 --> 00:02:29,266 and all the way along the back and several along here. 49 00:02:29,333 --> 00:02:31,300 And then drainage installed in two locations. 50 00:02:31,367 --> 00:02:33,567 Okay. Come on back. Thank you. 51 00:02:34,166 --> 00:02:36,333 - So far, Mr. Clements, is that right? - Yes. 52 00:02:36,400 --> 00:02:38,133 How much was the contract for? 53 00:02:38,200 --> 00:02:40,300 I believe it was $10,500. 54 00:02:40,367 --> 00:02:42,466 [Judge Levy] It was $10,500, Mr. Clements? 55 00:02:42,533 --> 00:02:44,834 - [Daryl] Yes. - The approximate start date 56 00:02:44,900 --> 00:02:48,667 was supposed to be June 26th, 2020? 57 00:02:48,734 --> 00:02:50,900 Yeah. However, we ended up finishing, 58 00:02:50,966 --> 00:02:52,934 I believe, the end of September-ish. 59 00:02:53,000 --> 00:02:56,834 So, tell us, when did you start seeing problems with the grass, 60 00:02:56,900 --> 00:02:59,533 with the irrigation system, the sprinkler system? 61 00:02:59,600 --> 00:03:03,300 We saw issues with the drainage as soon as the grass was installed. 62 00:03:03,367 --> 00:03:05,166 There's actually pictures included in here that show 63 00:03:05,233 --> 00:03:07,967 the flooding that was occurring where the water collected. 64 00:03:08,033 --> 00:03:09,300 Is this the one that you're talking about? 65 00:03:09,367 --> 00:03:11,734 - [Paul] Yes. - [Judge Levy] Once the sod goes in, 66 00:03:11,800 --> 00:03:13,500 the elevation changes. 67 00:03:13,567 --> 00:03:16,266 And so now, it's a little raised up and we have some water collecting. 68 00:03:16,333 --> 00:03:17,734 - Is that what you're telling us? - [Daryl] Correct. 69 00:03:17,800 --> 00:03:20,934 Can we put up that original sketch again? 70 00:03:21,000 --> 00:03:22,767 - And please, Mr. Gollnick... - [Paul] Sure. 71 00:03:22,834 --> 00:03:24,433 [Judge Levy] ... go back up there and show me where that slopes 72 00:03:24,800 --> 00:03:27,000 and where it is that it was pooling in the beginning? 73 00:03:27,066 --> 00:03:29,400 Sure. So this corner here 74 00:03:29,466 --> 00:03:33,066 is approximately 24 inches higher than this area here. 75 00:03:33,667 --> 00:03:35,200 The area that was flooding is right here. 76 00:03:35,266 --> 00:03:37,934 So all the water is just pouring down and collecting here. 77 00:03:38,000 --> 00:03:41,433 [Judge Levy] Can we put up plaintiff photograph P418? 78 00:03:42,033 --> 00:03:43,033 - Go ahead, sir. - [Paul] So--yeah. 79 00:03:43,100 --> 00:03:44,867 So this is the area, basically. 80 00:03:44,934 --> 00:03:47,433 I mean, it's almost the entire width of it. 81 00:03:47,500 --> 00:03:49,466 It goes all the way to the house and then it goes out 82 00:03:49,533 --> 00:03:51,466 to about halfway through the yard. 83 00:03:51,533 --> 00:03:53,367 Now, when did you take this photograph? 84 00:03:53,433 --> 00:03:54,567 That photograph was taken, 85 00:03:54,633 --> 00:03:57,033 I believe, in probably August or June-- 86 00:03:57,100 --> 00:03:58,500 maybe September of this year. 87 00:03:58,567 --> 00:03:59,567 - Of this year? - [Paul] Yeah. 88 00:03:59,867 --> 00:04:01,433 Do you--I need you to show me a photograph 89 00:04:01,500 --> 00:04:03,867 that fairly and accurately represents 90 00:04:03,934 --> 00:04:05,000 - the way that the lawn looked... - [Paul] Sure. 91 00:04:05,066 --> 00:04:06,900 - ... when it was first put in... - [Paul] Yup. 92 00:04:06,967 --> 00:04:09,367 ... around this time, not several years later. 93 00:04:10,433 --> 00:04:14,734 This was taken during--this was right after the job was completed. 94 00:04:14,800 --> 00:04:16,533 And that's when I first started contacting him 95 00:04:16,600 --> 00:04:18,367 about my concerns that the grass was dying. 96 00:04:18,834 --> 00:04:20,433 They came out and said they would check it. 97 00:04:20,500 --> 00:04:22,400 And then we went into the rainy season 98 00:04:22,467 --> 00:04:24,433 and things got better because it rained. 99 00:04:24,500 --> 00:04:26,200 And as soon as it started drying out in the summer, 100 00:04:26,266 --> 00:04:29,400 we went right back to what you're seeing in the pictures currently. 101 00:04:29,467 --> 00:04:32,400 Do you recall having any conversations with either the defendant 102 00:04:32,467 --> 00:04:33,767 or his representative 103 00:04:33,834 --> 00:04:36,500 in which they told you or recommended to you 104 00:04:36,567 --> 00:04:38,933 that you get landscape maintenance people? 105 00:04:39,000 --> 00:04:40,000 - No, Your Honor. - [Judge Levy] No? 106 00:04:40,066 --> 00:04:42,100 - No, Your Honor. - All customers that we install grass for 107 00:04:42,166 --> 00:04:46,367 is recommended verbally that they get a licensed 108 00:04:46,433 --> 00:04:50,200 landscape maintenance so that way it's properly maintained. 109 00:04:50,266 --> 00:04:51,933 - How important is that? - Very important. 110 00:04:52,000 --> 00:04:54,100 [Judge Levy] Well, if it's so important, why do you do it orally, 111 00:04:54,166 --> 00:04:55,800 verbally, and not in writing? 112 00:04:55,867 --> 00:04:58,200 It's just something that we've always done and we've never had an issue with it. 113 00:04:58,266 --> 00:05:00,500 Now, you provided a photograph 114 00:05:00,567 --> 00:05:04,567 of one of the sprinkler heads right at the corner of your property. 115 00:05:04,633 --> 00:05:05,633 - Correct. - [Judge Levy] Correct? 116 00:05:05,700 --> 00:05:08,467 Now, Mr. Clements, you do know that the code for that area 117 00:05:08,533 --> 00:05:11,567 is to have those sprinkler heads, at least, 12 inches off the house, right? 118 00:05:11,633 --> 00:05:13,734 I haven't been able to find a code that says that. 119 00:05:13,800 --> 00:05:14,800 [Judge Levy] Yeah. Okay. 120 00:05:14,867 --> 00:05:16,967 So how long have you been in business? 121 00:05:17,033 --> 00:05:18,600 Seven years with my own company. 122 00:05:18,667 --> 00:05:20,400 And prior to that, what did you do? 123 00:05:20,467 --> 00:05:23,934 Same thing. I was a project manager for a big company. 124 00:05:24,000 --> 00:05:25,600 - Branched out on your own? - Yes. 125 00:05:25,667 --> 00:05:27,000 All right. You did pretty well for yourself. 126 00:05:27,066 --> 00:05:28,332 You have people working for you? 127 00:05:28,400 --> 00:05:29,767 I do. I have five employees. 128 00:05:29,834 --> 00:05:31,567 [Judge Levy] What kind of employees did you have 129 00:05:31,633 --> 00:05:34,233 working on this job in May of 2020? 130 00:05:34,300 --> 00:05:38,033 I had a mixture of subcontractors 131 00:05:38,100 --> 00:05:39,700 and my personal employees. 132 00:05:39,767 --> 00:05:42,166 What were the subcontractors doing, like the concrete work? 133 00:05:42,233 --> 00:05:44,800 Exactly. So I had my subs do--take care of the concrete, 134 00:05:44,867 --> 00:05:48,133 curbing and then my personal guys take care of drainage... 135 00:05:48,200 --> 00:05:49,800 - [Judge Levy] Installation? - ... sprinkler systems, 136 00:05:49,867 --> 00:05:51,100 installation of the grass, 137 00:05:51,166 --> 00:05:53,633 the decomposed granite compacting, and everything. 138 00:05:53,700 --> 00:05:55,900 And those five people that were working for you, 139 00:05:55,967 --> 00:05:57,567 how long had they been with you? 140 00:05:58,367 --> 00:06:00,166 Probably about six months to a year. 141 00:06:00,233 --> 00:06:03,066 Okay. And were there any other people on the job working, 142 00:06:03,133 --> 00:06:04,900 doing the irrigation for the plaintiffs 143 00:06:04,967 --> 00:06:08,233 who were not part of that same five crowd that you didn't know about? 144 00:06:08,300 --> 00:06:09,300 - No. - [Judge Levy] No? 145 00:06:09,367 --> 00:06:11,333 - Thank you. Judge Acker. - [Judge Acker] Thank you, judge. 146 00:06:11,400 --> 00:06:13,400 - You did this work in 2020, correct? - [Daryl] Yes. 147 00:06:13,467 --> 00:06:15,734 So between 2020 and now, 148 00:06:15,800 --> 00:06:18,800 was your jurisdiction ever under a water restriction 149 00:06:18,867 --> 00:06:20,934 - or conservation plan? - Yes, Your Honor. 150 00:06:21,000 --> 00:06:23,200 [Judge Acker] And as I understand it in your jurisdiction, 151 00:06:23,266 --> 00:06:26,266 no watering is allowed between 9:00 a.m. and 6:00 p.m. 152 00:06:26,332 --> 00:06:27,367 - Is that right? - [Paul] Yes. 153 00:06:27,433 --> 00:06:29,033 - [Susan] Yes, Your Honor. - And watering is also limited 154 00:06:29,100 --> 00:06:31,300 - to only three days a week? - Correct. 155 00:06:31,367 --> 00:06:33,066 Why is your brown grass his fault? 156 00:06:33,133 --> 00:06:34,500 How are you gonna convince me of that? 157 00:06:36,200 --> 00:06:38,767 [announcer] Coming up on Tribunal Justice. 158 00:06:38,834 --> 00:06:40,400 After I left that review, 159 00:06:40,467 --> 00:06:44,300 he posted a note with a middle finger emoji. 160 00:06:44,367 --> 00:06:46,533 [dramatic musical sting] 161 00:06:48,100 --> 00:06:49,900 [theme music plays] 162 00:06:49,967 --> 00:06:53,400 [announcer] Paul and Susan Gollnick claim that Daryl Clements owes them 163 00:06:53,467 --> 00:06:57,400 over $9,000 for installing a faulty irrigation system. 164 00:06:57,467 --> 00:06:59,933 Daryl says their problems are due to weather, 165 00:07:00,066 --> 00:07:01,500 improper maintenance, 166 00:07:01,567 --> 00:07:04,967 and not spending enough to get the job done right. 167 00:07:05,033 --> 00:07:06,900 Why is your brown grass his fault? 168 00:07:06,967 --> 00:07:08,667 How are you gonna convince me of that? 169 00:07:08,734 --> 00:07:10,700 Because the other half of the lawn is perfectly green. 170 00:07:10,767 --> 00:07:12,734 That if it was--if it was the entire thing, 171 00:07:12,800 --> 00:07:15,633 I wouldn't blame him, but it's literally this one spot. 172 00:07:15,700 --> 00:07:17,467 - You have dogs? - [Paul] Yes, we do. 173 00:07:17,533 --> 00:07:19,800 And the defendant submitted evidence of dogs. 174 00:07:19,867 --> 00:07:20,867 I have dogs. 175 00:07:20,934 --> 00:07:21,934 Dogs urinate. 176 00:07:22,000 --> 00:07:23,533 It browns up grass. 177 00:07:23,600 --> 00:07:24,800 And they brown it up 178 00:07:24,867 --> 00:07:26,900 - in like specific patches. - [Paul] In spots. In spots. 179 00:07:26,967 --> 00:07:28,433 - In spots. - So respond to that. 180 00:07:28,500 --> 00:07:31,332 I also give my--every morning, I give my dogs pumpkin, 181 00:07:31,400 --> 00:07:34,233 and it alleviates the acidity in their urine. 182 00:07:34,300 --> 00:07:35,734 - Seriously? - Yes. 183 00:07:35,800 --> 00:07:36,967 [Susan] Or tomato juice. 184 00:07:37,033 --> 00:07:40,800 Pumpkin or tomato juice will remedy grass... 185 00:07:40,867 --> 00:07:42,533 - Lower the acidity of their urine. - [Judge Acker] [indistinct] 186 00:07:42,600 --> 00:07:44,000 - effects of the urine? - Yup. 187 00:07:44,066 --> 00:07:46,600 I don't want you to be nervous, 188 00:07:46,667 --> 00:07:48,734 but she just gave me a great new fact. 189 00:07:48,800 --> 00:07:51,100 - [laughter] - So I appreciate that. 190 00:07:51,166 --> 00:07:54,300 But at the heart of his defense is 191 00:07:54,367 --> 00:07:56,734 "I did this work a really long time ago." 192 00:07:56,800 --> 00:08:01,200 So why are we just litigating a case about a lawn 193 00:08:01,266 --> 00:08:05,433 that was installed for you nearly, now, over three years ago? 194 00:08:05,500 --> 00:08:07,333 We did try to contact him 195 00:08:07,400 --> 00:08:11,300 'cause we were--we did have a warranty with the lawn. 196 00:08:11,367 --> 00:08:13,066 So we did try. There was no... 197 00:08:13,133 --> 00:08:15,467 - Remind me, how long was the warranty? - A year. 198 00:08:15,533 --> 00:08:16,533 It was a year. Right. 199 00:08:16,600 --> 00:08:18,834 And so we did contact him several times. 200 00:08:18,900 --> 00:08:20,266 We got no answer back. 201 00:08:20,332 --> 00:08:22,133 So then when I put in the Yelp review 202 00:08:22,200 --> 00:08:25,033 is the only time he contacted us back and he said, 203 00:08:25,100 --> 00:08:26,300 "I will do the warranty work 204 00:08:26,367 --> 00:08:29,332 if you take down the negative Yelp review." 205 00:08:29,400 --> 00:08:30,533 And you took it down? 206 00:08:30,600 --> 00:08:32,600 - Did I take it down? No. - No, 'cause the work has-- 207 00:08:32,667 --> 00:08:33,734 - was never done. - Never--work never got done. 208 00:08:33,799 --> 00:08:38,165 And that Yelp review dovetails to you and your countersuit, 209 00:08:38,232 --> 00:08:42,000 because in your $8,000 claim for defamation against them, 210 00:08:42,066 --> 00:08:44,667 you say that they have continued to defame you. 211 00:08:44,734 --> 00:08:47,233 You've lost business as a result of this. 212 00:08:47,300 --> 00:08:50,633 So, sir, let's go to your evidence of defamation, 213 00:08:50,700 --> 00:08:53,867 and I want you to tell me why it's defamatory. 214 00:08:53,934 --> 00:08:56,667 "Their work was substandard, not done on time, 215 00:08:56,734 --> 00:08:59,567 not at all what we expected for what we paid. 216 00:08:59,633 --> 00:09:02,100 It's gonna cost us a lot of money to get fixed." 217 00:09:02,166 --> 00:09:03,333 And you can see the rest. 218 00:09:03,400 --> 00:09:07,300 Is this something that you believe constitutes a defamatory publication? 219 00:09:07,367 --> 00:09:08,834 [Daryl] Well, she's bashing the company. 220 00:09:08,900 --> 00:09:10,667 And I had to wind up leaving this community 221 00:09:10,734 --> 00:09:13,934 because every time a customer would ask on their community page 222 00:09:14,000 --> 00:09:15,867 about our company or anything like that, 223 00:09:15,934 --> 00:09:17,967 she would immediately jump on it, 224 00:09:18,033 --> 00:09:19,700 talk a bunch of nonsense about how we did... 225 00:09:19,767 --> 00:09:22,033 How many reviews did she leave? 226 00:09:22,100 --> 00:09:25,066 She's left us four reviews and deleted them all, except for that one. 227 00:09:25,133 --> 00:09:26,600 Is that right, ma'am? 228 00:09:26,667 --> 00:09:28,433 I left one. I have a picture of it. 229 00:09:28,500 --> 00:09:30,767 That's the only review I left. 230 00:09:30,834 --> 00:09:32,767 After I left that review, 231 00:09:32,834 --> 00:09:35,967 he posted personal information of my address, 232 00:09:36,033 --> 00:09:37,934 - my name in the community. - [Judge Acker] Did you do that? 233 00:09:38,000 --> 00:09:40,567 It does not have the address. It has a street. That's it. 234 00:09:40,633 --> 00:09:42,533 I didn't put out any personal information. 235 00:09:42,600 --> 00:09:44,834 [Susan] Can I just add one more thing to it? 236 00:09:44,900 --> 00:09:49,000 He sent me back a note with a middle finger emoji. 237 00:09:49,066 --> 00:09:51,767 [laughs] Honestly, sir, 238 00:09:51,834 --> 00:09:55,266 you can't be that petty and then try to sue people for defamation. 239 00:09:55,333 --> 00:09:57,633 I mean, really. That's a little bit petty... 240 00:09:57,700 --> 00:09:58,734 - Sorry. I jumped into a petty game... - [Judge Acker] ... and unprofessional. 241 00:09:58,800 --> 00:10:00,133 - ... with her, so... - [Judge Acker] Petty--when you... 242 00:10:00,200 --> 00:10:01,367 I mean, she was being very petty, like... 243 00:10:01,433 --> 00:10:04,166 [Judge Acker] Thank you for saying that, because when you jump into the petty pool, 244 00:10:04,233 --> 00:10:08,834 your defamation claim is very likely to be on very, very shaky ground. 245 00:10:08,900 --> 00:10:11,400 - Judge DiMango? - How does your grass look today? 246 00:10:11,467 --> 00:10:13,166 Just like this. 247 00:10:13,233 --> 00:10:14,633 - It still looks like that? - Yes. 248 00:10:14,700 --> 00:10:16,166 [Judge DiMango] So, at what point, did it start 249 00:10:16,233 --> 00:10:18,967 - to look like those photographs? - [Paul] The very next spring. 250 00:10:19,033 --> 00:10:21,333 Once the rainy season kind of starts to die off. 251 00:10:21,400 --> 00:10:24,200 [Judge DiMango] So it could just be that you got 252 00:10:24,266 --> 00:10:26,233 a patch of bad sod in that area. 253 00:10:26,300 --> 00:10:29,834 And maybe some grass seed and some regular watering 254 00:10:29,900 --> 00:10:32,700 on top of the sprinklers going on whenever they do, 255 00:10:32,767 --> 00:10:34,934 maybe that would have done something to be helpful. 256 00:10:35,000 --> 00:10:37,033 But on the other hand, sir, 257 00:10:37,100 --> 00:10:39,834 what is it that you do when something like this comes up? 258 00:10:39,900 --> 00:10:43,433 So after Ms. Gollnick left us a bad review, 259 00:10:43,734 --> 00:10:44,900 I did reach out to her. 260 00:10:44,967 --> 00:10:46,033 We came out, checked everything. 261 00:10:46,100 --> 00:10:48,433 The sprinkler system was working adequately, 262 00:10:48,500 --> 00:10:51,100 - what it was supposed to. - What does that mean, working adequately? 263 00:10:51,165 --> 00:10:53,834 So what we do is we check for flow rate 264 00:10:53,900 --> 00:10:55,400 and everything like that and how much water. 265 00:10:55,467 --> 00:10:57,165 Normally, we'll stick a cup in the middle of the yard 266 00:10:57,233 --> 00:10:59,400 and let it sit there for about an hour. 267 00:10:59,467 --> 00:11:00,967 It should gain about half an inch of water. 268 00:11:01,033 --> 00:11:03,066 - Did he do that? - [Paul] He never put the cup in the yard. 269 00:11:03,133 --> 00:11:05,533 I know exactly what he's talking about and they never did that. 270 00:11:05,600 --> 00:11:07,333 - So we tried adjusting the heads. - [Judge DiMango] I mean... 271 00:11:07,400 --> 00:11:08,734 We changed the heads. 272 00:11:08,800 --> 00:11:10,467 - We changed the sprinkler's height. - [Judge DiMango] He did? 273 00:11:10,533 --> 00:11:12,967 - No, we did. - When did you change the heads? 274 00:11:13,033 --> 00:11:15,333 [Paul] I change the heads the first summer that we had the issue. 275 00:11:15,400 --> 00:11:17,400 We couldn't seem to find a pattern that would work. 276 00:11:17,467 --> 00:11:19,233 We tried different heads. We tried different spray patterns... 277 00:11:19,300 --> 00:11:21,333 [Judge DiMango] See, now that you've gotten this in there, 278 00:11:21,400 --> 00:11:23,633 how do we know what he did 279 00:11:23,700 --> 00:11:25,900 and how do we separate it from what you did? 280 00:11:25,967 --> 00:11:27,734 Well, then he came and changed them 281 00:11:27,800 --> 00:11:29,033 - and they're still not working. - Yeah. 282 00:11:29,100 --> 00:11:30,800 So did you ever think it's got nothing to do 283 00:11:30,867 --> 00:11:32,500 - with the irrigation system? - [Paul] No, 284 00:11:32,567 --> 00:11:34,734 because when it rains, it comes back to life. 285 00:11:34,800 --> 00:11:36,734 But if a lot of water 286 00:11:36,800 --> 00:11:40,266 was causing the grass to turn green, 287 00:11:40,333 --> 00:11:43,033 then apparently it wasn't getting enough water. 288 00:11:43,100 --> 00:11:45,266 And wasn't that your position on this, sir? 289 00:11:45,333 --> 00:11:47,934 That's what they stated, but looking at this picture right here, 290 00:11:48,734 --> 00:11:50,233 that's due to overwatering. 291 00:11:50,300 --> 00:11:52,200 That's from water sitting there. 292 00:11:52,700 --> 00:11:54,367 It's killing the root system and stuff like that. 293 00:11:54,433 --> 00:11:56,433 - 'Cause there is a slope there... - [Judge DiMango] Can you go there? 294 00:11:57,000 --> 00:12:00,667 So there is a very minor slope from here to here. 295 00:12:00,734 --> 00:12:01,834 [Judge DiMango] Yeah. You can kinda see that. 296 00:12:01,900 --> 00:12:05,266 This, this would be puddled if they water it too long. 297 00:12:05,333 --> 00:12:08,233 So for--what you're supposed to do for a small slope or something like that, 298 00:12:08,300 --> 00:12:11,767 you wanna water multiple times a day but for a very short time. 299 00:12:12,300 --> 00:12:14,433 [Judge DiMango] Okay. So it seems to me 300 00:12:14,500 --> 00:12:17,567 that the issue that would probably remedy this 301 00:12:17,633 --> 00:12:21,066 would be if the ground was even across. 302 00:12:21,133 --> 00:12:24,133 We gave Mr. Gollnick an estimate to do this. 303 00:12:24,467 --> 00:12:26,900 So we usually give all our costumers three different estimates 304 00:12:26,967 --> 00:12:28,033 based on what we talk about 305 00:12:28,100 --> 00:12:29,567 and how things are going and then the budget. 306 00:12:30,033 --> 00:12:34,165 So it would've cost about $2,500 extra, three-level yard, get it all down. 307 00:12:34,233 --> 00:12:36,133 - Mr. Gollnick did not choose that option. - [Judge DiMango] Now, 308 00:12:36,200 --> 00:12:38,233 he's saying that he gave you that option. 309 00:12:38,300 --> 00:12:39,767 - Did you ever... - No. We weren't given a single plan. 310 00:12:39,834 --> 00:12:42,633 We were given a single-- we were given one plan. 311 00:12:42,700 --> 00:12:43,900 One. And that's it. 312 00:12:43,967 --> 00:12:47,433 So we went and got estimates on what it would cost to fix the grade. 313 00:12:47,500 --> 00:12:50,433 So what was the estimate that you got to level the grade? 314 00:12:50,500 --> 00:12:53,433 - I believe it was 9,150. - Nine thousand one hundred and something. 315 00:12:53,800 --> 00:12:55,066 [Paul] That is the estimate we submitted, 316 00:12:55,133 --> 00:12:57,367 including leveling the grade and replacing the sod. 317 00:12:57,433 --> 00:12:59,967 How much is the leveling costing in that estimate? 318 00:13:00,100 --> 00:13:02,967 Uh, $3,120. 319 00:13:03,033 --> 00:13:03,867 [Judge DiMango] So to level it... 320 00:13:03,934 --> 00:13:05,300 - [Paul] You excavate... - ... it would be 3,000 and change. 321 00:13:05,367 --> 00:13:07,200 And then you're telling me the balance on that 322 00:13:07,266 --> 00:13:09,367 is going to be what it would cost for that person 323 00:13:09,433 --> 00:13:11,533 to purchase the sod and lay it down? 324 00:13:11,600 --> 00:13:12,867 - That also then--also includes... - [Daryl] This contract... 325 00:13:12,934 --> 00:13:15,500 ... the irrigation, because that's not the 12 inches away from the house. 326 00:13:15,567 --> 00:13:18,133 So that all needs to be dug up, relayed, 327 00:13:18,200 --> 00:13:19,367 - redone. - [Judge DiMango] And--I don't know. 328 00:13:19,433 --> 00:13:21,433 I haven't seen anything. 329 00:13:21,500 --> 00:13:23,567 Within that community, you can't be 12 inches-- 330 00:13:23,633 --> 00:13:24,834 you have to be more than 12 inches, 331 00:13:24,900 --> 00:13:26,600 - but I haven't seen anything like that. - [Paul] Oh, no. 332 00:13:26,667 --> 00:13:28,533 There--the idea is that, with the sprinkler system, 333 00:13:28,600 --> 00:13:31,500 were located where they're at, if a head fails, 334 00:13:31,567 --> 00:13:33,967 it's literally going to fill my house up with water 335 00:13:34,033 --> 00:13:35,300 - because the top needs to... - But it has not done that. 336 00:13:35,367 --> 00:13:36,400 - [Paul] I agree, but... - It's two years. 337 00:13:36,467 --> 00:13:37,467 It hasn't done that. 338 00:13:37,533 --> 00:13:40,400 And it seems to me the main issue is the grading. 339 00:13:40,467 --> 00:13:41,700 I don't have any other questions. 340 00:13:41,767 --> 00:13:42,834 [Judge Levy] I do. 341 00:13:42,900 --> 00:13:44,533 I wanna get back to this issue. 342 00:13:44,600 --> 00:13:47,667 I believe, it was Judge Acker that you had discussed 343 00:13:47,734 --> 00:13:48,934 and that had to do 344 00:13:49,000 --> 00:13:50,767 - with the sprinklers themselves. - [Daryl] Yes. 345 00:13:50,834 --> 00:13:53,433 [Judge Levy] It was part of a text exchange that you guys had, 346 00:13:53,500 --> 00:13:55,767 August 17th, 2020, 347 00:13:55,834 --> 00:13:57,900 that indicated that the wires 348 00:13:57,967 --> 00:14:00,500 that should have been attached to the solenoids, 349 00:14:00,567 --> 00:14:01,800 - were not. - [Daryl] Uh-hmm. 350 00:14:01,867 --> 00:14:03,567 So the only reason why that one is not attached 351 00:14:03,633 --> 00:14:04,700 'cause that is for the planter, 352 00:14:04,767 --> 00:14:07,567 which is a drip system and it's a plastic pipe, 353 00:14:07,633 --> 00:14:10,300 that if you keep pressurized without any holes in it 354 00:14:10,367 --> 00:14:12,266 going to the plant, it'll explode. 355 00:14:12,333 --> 00:14:15,066 So we keep that undone until they have plants in the yard, 356 00:14:15,133 --> 00:14:18,000 all their irrigation--or all their plants are planted and ready to go, and then... 357 00:14:18,066 --> 00:14:19,133 [Judge Levy] Was that your understanding? 358 00:14:19,200 --> 00:14:20,333 - No. Then that gets turned on. - [Judge Levy] Yeah, I can see... 359 00:14:20,400 --> 00:14:21,500 They came out two days later and reconnected it. 360 00:14:21,567 --> 00:14:22,567 [Judge Levy] That's exactly right. 361 00:14:22,633 --> 00:14:25,633 And, you know, it goes back to the original point, Mr. Clements. 362 00:14:25,700 --> 00:14:28,000 You clearly know what's supposed to be done. 363 00:14:28,066 --> 00:14:29,166 You've been doing it for a long time. 364 00:14:29,233 --> 00:14:31,000 And it boils down to your workers. 365 00:14:31,066 --> 00:14:34,033 You've already said that you vouch for these workers who were on their job. 366 00:14:34,100 --> 00:14:37,433 Were you picking up people like from Home Depot and just having them work? 367 00:14:38,867 --> 00:14:41,400 [announcer] Coming up on Tribunal Justice. 368 00:14:41,467 --> 00:14:43,400 You know, whoever came didn't know 369 00:14:43,467 --> 00:14:45,367 what the hell they were doing, right? 370 00:14:45,433 --> 00:14:46,700 - Thank my daughter. - [Susan] Yes, Your Honor. 371 00:14:46,767 --> 00:14:48,500 - Yes, Your honor. - [chuckles] Thank you very much. 372 00:14:48,567 --> 00:14:49,967 [dramatic musical sting] 373 00:14:51,633 --> 00:14:53,266 [theme music plays] 374 00:14:53,333 --> 00:14:56,834 [announcer] Paul and Susan Gollnick say that their new lawn turned brown 375 00:14:56,900 --> 00:15:00,066 because of the sprinkler system installed by Daryl Clements. 376 00:15:00,133 --> 00:15:02,033 Daryl denies responsibility 377 00:15:02,100 --> 00:15:05,600 and is countersuing the plaintiffs for defaming him. 378 00:15:05,667 --> 00:15:08,000 [Judge Levy] Were you picking up people like from Home Depot 379 00:15:08,066 --> 00:15:09,633 - and just having them work? - [Daryl] No, Your Honor. 380 00:15:09,700 --> 00:15:10,900 - 'Cause you would never do that... - [Daryl] No. 381 00:15:10,967 --> 00:15:12,967 [Judge Levy] ... because you would agree that if you did that, 382 00:15:13,033 --> 00:15:16,033 then you would pretty much be responsible for anything wrong 383 00:15:16,100 --> 00:15:17,367 that was done to the property, 384 00:15:17,433 --> 00:15:18,800 'cause you didn't know about their history 385 00:15:18,867 --> 00:15:20,767 - and you couldn't vouch for them, right? - Yes, sir. 386 00:15:20,834 --> 00:15:22,100 [Judge Levy] You do have Facebook, don't you? 387 00:15:22,166 --> 00:15:24,400 - Yes, Your Honor. - 'Cause I don't know how to use Facebook 388 00:15:24,467 --> 00:15:25,533 but my daughter does. 389 00:15:25,600 --> 00:15:28,800 So this is what she gave to me from Facebook when I asked her. 390 00:15:28,867 --> 00:15:30,800 May 26th, 2020. 391 00:15:30,867 --> 00:15:32,800 This is the same time that-- you guys signed the contract 392 00:15:32,867 --> 00:15:34,433 on the 25th of May, right? 393 00:15:34,500 --> 00:15:37,867 So this is one day after you commit to them to do their job. 394 00:15:37,934 --> 00:15:39,700 "Anyone looking for a job? 395 00:15:39,767 --> 00:15:43,500 I'm looking to hire guys to do high-end yard remodels. 396 00:15:43,567 --> 00:15:46,633 Experience in irrigation a must." 397 00:15:47,165 --> 00:15:48,165 Show it to him. 398 00:15:48,767 --> 00:15:50,700 And I have to thank my daughter for that. 399 00:15:51,467 --> 00:15:53,400 Me too. [chuckles] 400 00:15:53,467 --> 00:15:55,266 Yeah. That's me. 401 00:15:55,333 --> 00:15:58,000 [Judge Levy] Listen, the testimony that you gave here 402 00:15:58,066 --> 00:16:01,367 is inconsistent with the prior evidence 403 00:16:01,433 --> 00:16:03,133 and the prior statements that you made 404 00:16:03,200 --> 00:16:05,200 back at the very same time. 405 00:16:05,266 --> 00:16:09,667 I'm talking a day after you're begging anybody under the sun 406 00:16:09,734 --> 00:16:11,834 to come and work on their project. 407 00:16:11,900 --> 00:16:16,300 And we know whoever came didn't know what the hell they were doing. 408 00:16:16,367 --> 00:16:19,600 That's the problem with your case, 409 00:16:19,667 --> 00:16:21,233 - right? Thank my daughter. - Yes, Your Honor. 410 00:16:21,300 --> 00:16:23,166 - Yes, Your Honor. - [chuckles] Thank you very much. 411 00:16:23,233 --> 00:16:24,400 [Judge Levy] I have nothing further. 412 00:16:24,467 --> 00:16:26,133 We're gonna retire to deliberate at this time. 413 00:16:26,200 --> 00:16:27,533 - Thank you very much. - Thank you, You Honor. 414 00:16:27,600 --> 00:16:29,033 - Thank you. - [Cassandra] Court is now in recess. 415 00:16:29,100 --> 00:16:30,734 The parties may step outside. 416 00:16:30,800 --> 00:16:33,667 [dramatic musical sting] 417 00:16:34,433 --> 00:16:36,600 There's no way that you can argue any other way 418 00:16:36,667 --> 00:16:39,000 that this guy brought people on to the job 419 00:16:39,066 --> 00:16:39,967 that he did not know 420 00:16:40,333 --> 00:16:42,633 and that's what was creating those problems. 421 00:16:42,700 --> 00:16:43,800 And in my opinion, 422 00:16:43,867 --> 00:16:46,533 based upon the new estimate that he gave us 423 00:16:46,600 --> 00:16:49,633 as well as the original contract, 424 00:16:49,700 --> 00:16:51,400 I believe that the plaintiffs are entitled 425 00:16:51,467 --> 00:16:53,867 to remove the grade for 3,120, 426 00:16:53,934 --> 00:16:55,967 the drainage repair for 1,800, 427 00:16:56,033 --> 00:16:57,367 - and their... - [Judge DiMango] Sod and irrigation. 428 00:16:57,433 --> 00:16:58,433 And the sod and irrigation for... 429 00:16:58,500 --> 00:17:00,633 Seven thousand seven hundred and thirty-five dollars. 430 00:17:01,400 --> 00:17:02,633 That's it. 431 00:17:02,700 --> 00:17:05,099 And the counterclaim, that should be dismissed. 432 00:17:05,165 --> 00:17:07,333 I agree the counterclaim should be dismissed. 433 00:17:07,400 --> 00:17:10,800 I don't know if I draw the same conclusions as you 434 00:17:10,867 --> 00:17:13,200 from the Facebook post, 'cause I do use Facebook. 435 00:17:13,266 --> 00:17:16,800 I've actually asked people for recommendations on Facebook. 436 00:17:16,867 --> 00:17:19,767 I wouldn't analogize it to picking people up 437 00:17:19,834 --> 00:17:22,233 - from the Home Depot parking lot. - [Judge DiMango laughs] 438 00:17:22,300 --> 00:17:25,532 - No disrespect to those... - Why? Why? 439 00:17:25,599 --> 00:17:27,567 The issue isn't were you pick the people up from, 440 00:17:27,633 --> 00:17:28,767 - where you get them from. - [Judge Acker] Sure. 441 00:17:28,834 --> 00:17:30,467 [Judge Levy] The issue is whether or not he can vouch for them. 442 00:17:30,533 --> 00:17:32,333 He testified he could vouch 443 00:17:32,400 --> 00:17:35,033 for the people who worked on this job 'cause he's worked for them. 444 00:17:35,100 --> 00:17:37,033 I asked those very special questions 445 00:17:37,100 --> 00:17:38,800 - for that reason. - I know, but how can we he didn't like... 446 00:17:38,867 --> 00:17:39,867 [Judge DiMango] Use them before in the past... 447 00:17:39,934 --> 00:17:40,967 - Yeah. Right. And how do we know... - ... 'cause they do go back 448 00:17:41,033 --> 00:17:42,033 - to the same place. - Sure. 449 00:17:42,100 --> 00:17:44,066 Or maybe he did some diligence on them. 450 00:17:44,133 --> 00:17:46,633 So I don't think I'm there on the case-in-chief. 451 00:17:46,700 --> 00:17:48,800 [Judge DiMango] Okay. I'm kind of more with you, I think. 452 00:17:48,867 --> 00:17:51,667 As to the countersuit, they're just bad reviews. 453 00:17:51,734 --> 00:17:53,233 And, you know, though maybe she was kind of 454 00:17:53,300 --> 00:17:54,300 - a woman who had a lot of time... - They're opinions. 455 00:17:54,367 --> 00:17:55,734 - They're opinions. - Right. So, anyway, 456 00:17:55,800 --> 00:17:57,000 that would have to be dismissed. 457 00:17:57,066 --> 00:17:58,800 With regard to this, 458 00:17:58,867 --> 00:18:01,166 you know, I think that the whole issue was the leveling. 459 00:18:01,233 --> 00:18:02,934 I think I take him at his word 460 00:18:03,000 --> 00:18:04,867 that they did not want certain work done 461 00:18:04,934 --> 00:18:07,367 and he didn't--because what harm does it do him to not level it 462 00:18:07,433 --> 00:18:09,433 if he's gonna get more money for the job. 463 00:18:09,500 --> 00:18:11,934 The plaintiffs testified that they were never offered 464 00:18:12,000 --> 00:18:13,400 any other package but this one. 465 00:18:13,467 --> 00:18:16,367 And the defendant, who would have you believe 466 00:18:16,433 --> 00:18:18,200 that that's what he offered, 467 00:18:18,266 --> 00:18:20,767 has not presented any evidence to support that claim. 468 00:18:20,834 --> 00:18:22,033 See, I found him credible. 469 00:18:22,100 --> 00:18:23,633 So--I didn't find him not credible. 470 00:18:23,700 --> 00:18:25,467 - I'm--I would be willing... - You found the defendant, 471 00:18:25,533 --> 00:18:27,633 after that last issue about-- 472 00:18:27,700 --> 00:18:29,934 that he only hired the same five people... 473 00:18:30,000 --> 00:18:31,967 I--I'm not giving it the same weight that you're giving it. 474 00:18:32,033 --> 00:18:33,033 - I--you know I mean... - Okay. 475 00:18:33,100 --> 00:18:34,767 ... he's saying he knows the people that work for him. 476 00:18:34,834 --> 00:18:37,567 He does reach out to get other people to come and work. 477 00:18:37,633 --> 00:18:40,300 It doesn't mean that he replaces his crew every week. 478 00:18:40,367 --> 00:18:42,633 But I would be willing to return to them 479 00:18:42,700 --> 00:18:45,000 what I think he did improperly, perhaps, 480 00:18:45,300 --> 00:18:47,233 and faulty is to replace the sod 481 00:18:47,300 --> 00:18:49,533 and the irrigation at $2,835. 482 00:18:49,600 --> 00:18:50,734 [Judge Acker] I think I'm gonna dissent. 483 00:18:50,800 --> 00:18:55,233 In part because of--I think it was an issue you raised 484 00:18:55,300 --> 00:18:57,633 about some of the work that they had been doing 485 00:18:57,700 --> 00:18:59,633 and kinda putting in the new sprinklers... 486 00:18:59,700 --> 00:19:00,967 The new sprinkler heads, yeah. 487 00:19:01,033 --> 00:19:02,967 ... and then there may be an issue with overwatering. 488 00:19:03,033 --> 00:19:04,467 I'm not convinced. 489 00:19:04,533 --> 00:19:07,000 They haven't pushed me over that 50% threshold. 490 00:19:07,066 --> 00:19:08,600 - So you don't wanna give them anything? - Uh-uh. 491 00:19:08,667 --> 00:19:09,867 - I've never [indistinct]. - Talk to me a little more, 'cause 492 00:19:09,934 --> 00:19:12,066 - I would be happy to kind of not... - I just--I just-- 493 00:19:12,133 --> 00:19:16,133 there are just too many outstanding factors in this jurisdiction. 494 00:19:16,200 --> 00:19:18,900 This is a part of Southern California that's had record heats. 495 00:19:18,967 --> 00:19:20,900 - I think it was 2020... - [Judge DiMango] And it's two years later 496 00:19:20,967 --> 00:19:22,433 - and they did tamper with it. - It's 20--I... 497 00:19:22,500 --> 00:19:23,500 - I'm gonna go with you. - Yeah. 498 00:19:23,567 --> 00:19:24,800 - I'm gonna not do it. - [Judge Acker] [indistinct] 499 00:19:25,100 --> 00:19:26,033 I'm happy to not give them anything. 500 00:19:26,100 --> 00:19:27,734 Okay. I'll dissent. 501 00:19:27,800 --> 00:19:29,500 - Super. - All righty. 502 00:19:29,567 --> 00:19:32,433 [dramatic musical sting] 503 00:19:32,500 --> 00:19:33,700 Court is back in session. 504 00:19:33,767 --> 00:19:35,700 Parties are reminded that you're still under oath. 505 00:19:36,333 --> 00:19:39,066 All right. Well, we're not unanimous. 506 00:19:39,133 --> 00:19:42,300 And we got good news and we got bad news. 507 00:19:42,367 --> 00:19:43,367 The good news, 508 00:19:43,433 --> 00:19:47,400 the counterclaim against you for defamation is dismissed. 509 00:19:47,467 --> 00:19:50,300 The bad news, your counterclaim is dismissed. 510 00:19:51,467 --> 00:19:56,433 The good news, the lawsuit against you for $9,150, 511 00:19:56,500 --> 00:19:59,100 that's where we came out not unanimous 512 00:19:59,166 --> 00:20:01,633 and I ended up on the short end of the stick on this one. 513 00:20:01,700 --> 00:20:04,700 My colleagues found that there were too many intervening factors 514 00:20:04,767 --> 00:20:07,533 that could have been at play that would have justified 515 00:20:07,600 --> 00:20:11,433 any award in the plaintiff's favor regarding the irrigation system, 516 00:20:11,500 --> 00:20:14,867 the installation, or anything having to do with the sprinkler heads. 517 00:20:14,934 --> 00:20:16,033 I disagreed. 518 00:20:16,100 --> 00:20:20,000 I would have awarded you $7,755. 519 00:20:20,066 --> 00:20:21,633 I didn't think you deserved it all. 520 00:20:21,700 --> 00:20:22,867 I didn't think you proved it all. 521 00:20:22,934 --> 00:20:25,467 However, that's the way the cookie crumbles. 522 00:20:25,533 --> 00:20:28,633 And so the bad news for you is that your lawsuit 523 00:20:28,700 --> 00:20:31,133 against Mr. Clements is also being dismissed. 524 00:20:31,200 --> 00:20:34,266 So the original complaint dismissed and the counterclaim 525 00:20:34,333 --> 00:20:35,700 is likewise dismissed. 526 00:20:35,767 --> 00:20:37,500 That's the verdict of the court. 527 00:20:37,567 --> 00:20:39,934 This case has concluded. All parties are dismissed. 528 00:20:40,000 --> 00:20:43,367 [theme music plays] 529 00:20:45,133 --> 00:20:47,500 We were texting him. He wouldn't answer our text. 530 00:20:47,567 --> 00:20:48,700 Untrue. 531 00:20:48,767 --> 00:20:50,734 I never heard from them until they left me a bad review. 532 00:20:50,800 --> 00:20:51,967 Then I reached out immediately. 533 00:20:52,033 --> 00:20:54,033 Before that, we never heard from him. 534 00:20:54,100 --> 00:20:56,900 I did. And I advised them multiple times to get a professional 535 00:20:56,967 --> 00:20:59,367 to take care of the yard and they refused to do that. 536 00:20:59,433 --> 00:21:00,667 Do your background checks. 537 00:21:00,734 --> 00:21:03,000 Homeowner thought he knew what he was doing. Obviously, he doesn't. 538 00:21:03,066 --> 00:21:04,734 It's gonna all have to be torn out and redone. 539 00:21:04,800 --> 00:21:05,900 You get what you pay for. 540 00:21:06,367 --> 00:21:07,734 [announcer] Are you being sued? 541 00:21:07,800 --> 00:21:11,066 Let Tribunal Justice decide your case. 542 00:21:11,133 --> 00:21:15,400 Find us on social media at Tribunal Justice. 543 00:21:15,467 --> 00:21:18,600 ["Ride of the Valkyries" plays]