When did you start seeing problems with the sprinkler system?
As soon as the grass was installed.
That's due to overwatering.
We did have a warranty with the lawn.
And he said, "I will do the warranty work
if you take down the negative Yelp review."
- And you took it down? - Did I take it down? No.
He sent me back a note with a middle finger emoji.
[laughs] Honestly, sir, you can't be that petty.
["Ride of the Valkyries" plays]
[announcer] Today's case was filed in Santa Clarita, California.
[Cassandra] Your Honor, this is case number 2060, Gollnick versus Clements.
All parties have been sworn in.
- Thank you, Cassandra. - You're welcome.
- You may be seated. - [Judge Levy] All right.
Mr. and Mrs. Gollnick, you hired the defendant
to design and install a new irrigation system, sprinkler system
in the backyard of your newly-purchased home?
- Correct. - Yes, Your Honor.
[Judge Levy] You claim in your lawsuit that your newly-installed sod
- died as a result? - Yes, Your Honor.
[Judge Levy] You're suing him for $9,150,
the cost for a new contractor to come in
- and fix the problems that he caused. - Correct.
- Yes. - [Judge Levy] Mr. Clements,
you say that the current problem with their grass dying is not your fault.
It's their fault 'cause they failed to properly maintain their lawn.
This whole problem is on them.
- Correct. - [Judge Levy] All right.
Mr. and Mrs. Gollnick, it's either one of you, you wanna explain to me
how it was that you met the defendant, what you told him, how we got here?
Yes. When we moved into our new home,
the defendant had a coworker
who was canvassing the neighborhood looking for jobs,
'cause it's a brand-new development.
So they came around. They gave us a quote.
Estimated the job would be completed in three weeks.
Job ended up taking about four and a half months to be completed finally.
[Judge Levy] You know what, let's take a look at the backyard of your home.
We're gonna put that up on the screen so you'd be able to see it.
That's the backyard of your home?
- Yeah. - Correct.
Mr. Gollnick, why don't you walk on up there?
- So they were going to put lines in. - [Paul] Yes.
- They were going... - [Paul] They installed lines
and drainage into this area.
There's sprinkler heads installed here
and all the way along the back and several along here.
And then drainage installed in two locations.
Okay. Come on back. Thank you.
- So far, Mr. Clements, is that right? - Yes.
How much was the contract for?
I believe it was $10,500.
[Judge Levy] It was $10,500, Mr. Clements?
- [Daryl] Yes. - The approximate start date
was supposed to be June 26th, 2020?
Yeah. However, we ended up finishing,
I believe, the end of September-ish.
So, tell us, when did you start seeing problems with the grass,
with the irrigation system, the sprinkler system?
We saw issues with the drainage as soon as the grass was installed.
There's actually pictures included in here that show
the flooding that was occurring where the water collected.
Is this the one that you're talking about?
- [Paul] Yes. - [Judge Levy] Once the sod goes in,
the elevation changes.
And so now, it's a little raised up and we have some water collecting.
- Is that what you're telling us? - [Daryl] Correct.
Can we put up that original sketch again?
- And please, Mr. Gollnick... - [Paul] Sure.
[Judge Levy] ... go back up there and show me where that slopes
and where it is that it was pooling in the beginning?
Sure. So this corner here
is approximately 24 inches higher than this area here.
The area that was flooding is right here.
So all the water is just pouring down and collecting here.
[Judge Levy] Can we put up plaintiff photograph P418?
- Go ahead, sir. - [Paul] So--yeah.
So this is the area, basically.
I mean, it's almost the entire width of it.
It goes all the way to the house and then it goes out
to about halfway through the yard.
Now, when did you take this photograph?
That photograph was taken,
I believe, in probably August or June--
maybe September of this year.
- Of this year? - [Paul] Yeah.
Do you--I need you to show me a photograph
that fairly and accurately represents
- the way that the lawn looked... - [Paul] Sure.
- ... when it was first put in... - [Paul] Yup.
... around this time, not several years later.
This was taken during--this was right after the job was completed.
And that's when I first started contacting him
about my concerns that the grass was dying.
They came out and said they would check it.
And then we went into the rainy season
and things got better because it rained.
And as soon as it started drying out in the summer,
we went right back to what you're seeing in the pictures currently.
Do you recall having any conversations with either the defendant
or his representative
in which they told you or recommended to you
that you get landscape maintenance people?
- No, Your Honor. - [Judge Levy] No?
- No, Your Honor. - All customers that we install grass for
is recommended verbally that they get a licensed
landscape maintenance so that way it's properly maintained.
- How important is that? - Very important.
[Judge Levy] Well, if it's so important, why do you do it orally,
verbally, and not in writing?
It's just something that we've always done and we've never had an issue with it.
Now, you provided a photograph
of one of the sprinkler heads right at the corner of your property.
- Correct. - [Judge Levy] Correct?
Now, Mr. Clements, you do know that the code for that area
is to have those sprinkler heads, at least, 12 inches off the house, right?
I haven't been able to find a code that says that.
[Judge Levy] Yeah. Okay.
So how long have you been in business?
Seven years with my own company.
And prior to that, what did you do?
Same thing. I was a project manager for a big company.
- Branched out on your own? - Yes.
All right. You did pretty well for yourself.
You have people working for you?
I do. I have five employees.
[Judge Levy] What kind of employees did you have
working on this job in May of 2020?
I had a mixture of subcontractors
and my personal employees.
What were the subcontractors doing, like the concrete work?
Exactly. So I had my subs do--take care of the concrete,
curbing and then my personal guys take care of drainage...
- [Judge Levy] Installation? - ... sprinkler systems,
installation of the grass,
the decomposed granite compacting, and everything.
And those five people that were working for you,
how long had they been with you?
Probably about six months to a year.
Okay. And were there any other people on the job working,
doing the irrigation for the plaintiffs
who were not part of that same five crowd that you didn't know about?
- No. - [Judge Levy] No?
- Thank you. Judge Acker. - [Judge Acker] Thank you, judge.
- You did this work in 2020, correct? - [Daryl] Yes.
So between 2020 and now,
was your jurisdiction ever under a water restriction
- or conservation plan? - Yes, Your Honor.
[Judge Acker] And as I understand it in your jurisdiction,
no watering is allowed between 9:00 a.m. and 6:00 p.m.
- Is that right? - [Paul] Yes.
- [Susan] Yes, Your Honor. - And watering is also limited
- to only three days a week? - Correct.
Why is your brown grass his fault?
How are you gonna convince me of that?
[announcer] Coming up on Tribunal Justice.
After I left that review,
he posted a note with a middle finger emoji.
[dramatic musical sting]
[theme music plays]
[announcer] Paul and Susan Gollnick claim that Daryl Clements owes them
over $9,000 for installing a faulty irrigation system.
Daryl says their problems are due to weather,
improper maintenance,
and not spending enough to get the job done right.
Why is your brown grass his fault?
How are you gonna convince me of that?
Because the other half of the lawn is perfectly green.
That if it was--if it was the entire thing,
I wouldn't blame him, but it's literally this one spot.
- You have dogs? - [Paul] Yes, we do.
And the defendant submitted evidence of dogs.
I have dogs.
Dogs urinate.
It browns up grass.
And they brown it up
- in like specific patches. - [Paul] In spots. In spots.
- In spots. - So respond to that.
I also give my--every morning, I give my dogs pumpkin,
and it alleviates the acidity in their urine.
- Seriously? - Yes.
[Susan] Or tomato juice.
Pumpkin or tomato juice will remedy grass...
- Lower the acidity of their urine. - [Judge Acker] [indistinct]
- effects of the urine? - Yup.
I don't want you to be nervous,
but she just gave me a great new fact.
- [laughter] - So I appreciate that.
But at the heart of his defense is
"I did this work a really long time ago."
So why are we just litigating a case about a lawn
that was installed for you nearly, now, over three years ago?
We did try to contact him
'cause we were--we did have a warranty with the lawn.
So we did try. There was no...
- Remind me, how long was the warranty? - A year.
It was a year. Right.
And so we did contact him several times.
We got no answer back.
So then when I put in the Yelp review
is the only time he contacted us back and he said,
"I will do the warranty work
if you take down the negative Yelp review."
And you took it down?
- Did I take it down? No. - No, 'cause the work has--
- was never done. - Never--work never got done.
And that Yelp review dovetails to you and your countersuit,
because in your $8,000 claim for defamation against them,
you say that they have continued to defame you.
You've lost business as a result of this.
So, sir, let's go to your evidence of defamation,
and I want you to tell me why it's defamatory.
"Their work was substandard, not done on time,
not at all what we expected for what we paid.
It's gonna cost us a lot of money to get fixed."
And you can see the rest.
Is this something that you believe constitutes a defamatory publication?
[Daryl] Well, she's bashing the company.
And I had to wind up leaving this community
because every time a customer would ask on their community page
about our company or anything like that,
she would immediately jump on it,
talk a bunch of nonsense about how we did...
How many reviews did she leave?
She's left us four reviews and deleted them all, except for that one.
Is that right, ma'am?
I left one. I have a picture of it.
That's the only review I left.
After I left that review,
he posted personal information of my address,
- my name in the community. - [Judge Acker] Did you do that?
It does not have the address. It has a street. That's it.
I didn't put out any personal information.
[Susan] Can I just add one more thing to it?
He sent me back a note with a middle finger emoji.
[laughs] Honestly, sir,
you can't be that petty and then try to sue people for defamation.
I mean, really. That's a little bit petty...
- Sorry. I jumped into a petty game... - [Judge Acker] ... and unprofessional.
- ... with her, so... - [Judge Acker] Petty--when you...
I mean, she was being very petty, like...
[Judge Acker] Thank you for saying that, because when you jump into the petty pool,
your defamation claim is very likely to be on very, very shaky ground.
- Judge DiMango? - How does your grass look today?
Just like this.
- It still looks like that? - Yes.
[Judge DiMango] So, at what point, did it start
- to look like those photographs? - [Paul] The very next spring.
Once the rainy season kind of starts to die off.
[Judge DiMango] So it could just be that you got
a patch of bad sod in that area.
And maybe some grass seed and some regular watering
on top of the sprinklers going on whenever they do,
maybe that would have done something to be helpful.
But on the other hand, sir,
what is it that you do when something like this comes up?
So after Ms. Gollnick left us a bad review,
I did reach out to her.
We came out, checked everything.
The sprinkler system was working adequately,
- what it was supposed to. - What does that mean, working adequately?
So what we do is we check for flow rate
and everything like that and how much water.
Normally, we'll stick a cup in the middle of the yard
and let it sit there for about an hour.
It should gain about half an inch of water.
- Did he do that? - [Paul] He never put the cup in the yard.
I know exactly what he's talking about and they never did that.
- So we tried adjusting the heads. - [Judge DiMango] I mean...
We changed the heads.
- We changed the sprinkler's height. - [Judge DiMango] He did?
- No, we did. - When did you change the heads?
[Paul] I change the heads the first summer that we had the issue.
We couldn't seem to find a pattern that would work.
We tried different heads. We tried different spray patterns...
[Judge DiMango] See, now that you've gotten this in there,
how do we know what he did
and how do we separate it from what you did?
Well, then he came and changed them
- and they're still not working. - Yeah.
So did you ever think it's got nothing to do
- with the irrigation system? - [Paul] No,
because when it rains, it comes back to life.
But if a lot of water
was causing the grass to turn green,
then apparently it wasn't getting enough water.
And wasn't that your position on this, sir?
That's what they stated, but looking at this picture right here,
that's due to overwatering.
That's from water sitting there.
It's killing the root system and stuff like that.
- 'Cause there is a slope there... - [Judge DiMango] Can you go there?
So there is a very minor slope from here to here.
[Judge DiMango] Yeah. You can kinda see that.
This, this would be puddled if they water it too long.
So for--what you're supposed to do for a small slope or something like that,
you wanna water multiple times a day but for a very short time.
[Judge DiMango] Okay. So it seems to me
that the issue that would probably remedy this
would be if the ground was even across.
We gave Mr. Gollnick an estimate to do this.
So we usually give all our costumers three different estimates
based on what we talk about
and how things are going and then the budget.
So it would've cost about $2,500 extra, three-level yard, get it all down.
- Mr. Gollnick did not choose that option. - [Judge DiMango] Now,
he's saying that he gave you that option.
- Did you ever... - No. We weren't given a single plan.
We were given a single-- we were given one plan.
One. And that's it.
So we went and got estimates on what it would cost to fix the grade.
So what was the estimate that you got to level the grade?
- I believe it was 9,150. - Nine thousand one hundred and something.
[Paul] That is the estimate we submitted,
including leveling the grade and replacing the sod.
How much is the leveling costing in that estimate?
Uh, $3,120.
[Judge DiMango] So to level it...
- [Paul] You excavate... - ... it would be 3,000 and change.
And then you're telling me the balance on that
is going to be what it would cost for that person
to purchase the sod and lay it down?
- That also then--also includes... - [Daryl] This contract...
... the irrigation, because that's not the 12 inches away from the house.
So that all needs to be dug up, relayed,
- redone. - [Judge DiMango] And--I don't know.
I haven't seen anything.
Within that community, you can't be 12 inches--
you have to be more than 12 inches,
- but I haven't seen anything like that. - [Paul] Oh, no.
There--the idea is that, with the sprinkler system,
were located where they're at, if a head fails,
it's literally going to fill my house up with water
- because the top needs to... - But it has not done that.
- [Paul] I agree, but... - It's two years.
It hasn't done that.
And it seems to me the main issue is the grading.
I don't have any other questions.
[Judge Levy] I do.
I wanna get back to this issue.
I believe, it was Judge Acker that you had discussed
and that had to do
- with the sprinklers themselves. - [Daryl] Yes.
[Judge Levy] It was part of a text exchange that you guys had,
August 17th, 2020,
that indicated that the wires
that should have been attached to the solenoids,
- were not. - [Daryl] Uh-hmm.
So the only reason why that one is not attached
'cause that is for the planter,
which is a drip system and it's a plastic pipe,
that if you keep pressurized without any holes in it
going to the plant, it'll explode.
So we keep that undone until they have plants in the yard,
all their irrigation--or all their plants are planted and ready to go, and then...
[Judge Levy] Was that your understanding?
- No. Then that gets turned on. - [Judge Levy] Yeah, I can see...
They came out two days later and reconnected it.
[Judge Levy] That's exactly right.
And, you know, it goes back to the original point, Mr. Clements.
You clearly know what's supposed to be done.
You've been doing it for a long time.
And it boils down to your workers.
You've already said that you vouch for these workers who were on their job.
Were you picking up people like from Home Depot and just having them work?
[announcer] Coming up on Tribunal Justice.
You know, whoever came didn't know
what the hell they were doing, right?
- Thank my daughter. - [Susan] Yes, Your Honor.
- Yes, Your honor. - [chuckles] Thank you very much.
[dramatic musical sting]
[theme music plays]
[announcer] Paul and Susan Gollnick say that their new lawn turned brown
because of the sprinkler system installed by Daryl Clements.
Daryl denies responsibility
and is countersuing the plaintiffs for defaming him.
[Judge Levy] Were you picking up people like from Home Depot
- and just having them work? - [Daryl] No, Your Honor.
- 'Cause you would never do that... - [Daryl] No.
[Judge Levy] ... because you would agree that if you did that,
then you would pretty much be responsible for anything wrong
that was done to the property,
'cause you didn't know about their history
- and you couldn't vouch for them, right? - Yes, sir.
[Judge Levy] You do have Facebook, don't you?
- Yes, Your Honor. - 'Cause I don't know how to use Facebook
but my daughter does.
So this is what she gave to me from Facebook when I asked her.
May 26th, 2020.
This is the same time that-- you guys signed the contract
on the 25th of May, right?
So this is one day after you commit to them to do their job.
"Anyone looking for a job?
I'm looking to hire guys to do high-end yard remodels.
Experience in irrigation a must."
Show it to him.
And I have to thank my daughter for that.
Me too. [chuckles]
Yeah. That's me.
[Judge Levy] Listen, the testimony that you gave here
is inconsistent with the prior evidence
and the prior statements that you made
back at the very same time.
I'm talking a day after you're begging anybody under the sun
to come and work on their project.
And we know whoever came didn't know what the hell they were doing.
That's the problem with your case,
- right? Thank my daughter. - Yes, Your Honor.
- [chuckles] Thank you very much.
[Judge Levy] I have nothing further.
We're gonna retire to deliberate at this time.
- Thank you very much. - Thank you, You Honor.
- Thank you. - [Cassandra] Court is now in recess.
The parties may step outside.
[dramatic musical sting]
There's no way that you can argue any other way
that this guy brought people on to the job
that he did not know
and that's what was creating those problems.
And in my opinion,
based upon the new estimate that he gave us
as well as the original contract,
I believe that the plaintiffs are entitled
to remove the grade for 3,120,
the drainage repair for 1,800,
- and their... - [Judge DiMango] Sod and irrigation.
And the sod and irrigation for...
Seven thousand seven hundred and thirty-five dollars.
That's it.
And the counterclaim, that should be dismissed.
I agree the counterclaim should be dismissed.
I don't know if I draw the same conclusions as you
from the Facebook post, 'cause I do use Facebook.
I've actually asked people for recommendations on Facebook.
I wouldn't analogize it to picking people up
- from the Home Depot parking lot. - [Judge DiMango laughs]
- No disrespect to those... - Why? Why?
The issue isn't were you pick the people up from,
- where you get them from. - [Judge Acker] Sure.
[Judge Levy] The issue is whether or not he can vouch for them.
He testified he could vouch
for the people who worked on this job 'cause he's worked for them.
I asked those very special questions
- for that reason. - I know, but how can we he didn't like...
[Judge DiMango] Use them before in the past...
- Yeah. Right. And how do we know... - ... 'cause they do go back
- to the same place. - Sure.
Or maybe he did some diligence on them.
So I don't think I'm there on the case-in-chief.
[Judge DiMango] Okay. I'm kind of more with you, I think.
As to the countersuit, they're just bad reviews.
And, you know, though maybe she was kind of
- a woman who had a lot of time... - They're opinions.
- Right. So, anyway,
that would have to be dismissed.
With regard to this,
you know, I think that the whole issue was the leveling.
I think I take him at his word
that they did not want certain work done
and he didn't--because what harm does it do him to not level it
if he's gonna get more money for the job.
The plaintiffs testified that they were never offered
any other package but this one.
And the defendant, who would have you believe
that that's what he offered,
has not presented any evidence to support that claim.
See, I found him credible.
So--I didn't find him not credible.
- I'm--I would be willing... - You found the defendant,
after that last issue about--
that he only hired the same five people...
I--I'm not giving it the same weight that you're giving it.
- I--you know I mean... - Okay.
... he's saying he knows the people that work for him.
He does reach out to get other people to come and work.
It doesn't mean that he replaces his crew every week.
But I would be willing to return to them
what I think he did improperly, perhaps,
and faulty is to replace the sod
and the irrigation at $2,835.
[Judge Acker] I think I'm gonna dissent.
In part because of--I think it was an issue you raised
about some of the work that they had been doing
and kinda putting in the new sprinklers...
The new sprinkler heads, yeah.
... and then there may be an issue with overwatering.
I'm not convinced.
They haven't pushed me over that 50% threshold.
- So you don't wanna give them anything? - Uh-uh.
- I've never [indistinct]. - Talk to me a little more, 'cause
- I would be happy to kind of not... - I just--I just--
there are just too many outstanding factors in this jurisdiction.
This is a part of Southern California that's had record heats.
- I think it was 2020... - [Judge DiMango] And it's two years later
- and they did tamper with it. - It's 20--I...
- I'm gonna go with you. - Yeah.
- I'm gonna not do it. - [Judge Acker] [indistinct]
I'm happy to not give them anything.
Okay. I'll dissent.
- Super. - All righty.
[dramatic musical sting]
Court is back in session.
Parties are reminded that you're still under oath.
All right. Well, we're not unanimous.
And we got good news and we got bad news.
The good news,
the counterclaim against you for defamation is dismissed.
The bad news, your counterclaim is dismissed.
The good news, the lawsuit against you for $9,150,
that's where we came out not unanimous
and I ended up on the short end of the stick on this one.
My colleagues found that there were too many intervening factors
that could have been at play that would have justified
any award in the plaintiff's favor regarding the irrigation system,
the installation, or anything having to do with the sprinkler heads.
I disagreed.
I would have awarded you $7,755.
I didn't think you deserved it all.
I didn't think you proved it all.
However, that's the way the cookie crumbles.
And so the bad news for you is that your lawsuit
against Mr. Clements is also being dismissed.
So the original complaint dismissed and the counterclaim
is likewise dismissed.
That's the verdict of the court.
This case has concluded. All parties are dismissed.
[theme music plays]
We were texting him. He wouldn't answer our text.
Untrue.
I never heard from them until they left me a bad review.
Then I reached out immediately.
Before that, we never heard from him.
I did. And I advised them multiple times to get a professional
to take care of the yard and they refused to do that.
Do your background checks.
Homeowner thought he knew what he was doing. Obviously, he doesn't.
It's gonna all have to be torn out and redone.
You get what you pay for.
[announcer] Are you being sued?
Let Tribunal Justice decide your case.
Find us on social media at Tribunal Justice.
["Ride of the Valkyries" plays]