1 00:00:06,467 --> 00:00:08,934 His dogs urinated everywhere, 2 00:00:09,000 --> 00:00:10,967 it resulted in a mold problem. 3 00:00:11,033 --> 00:00:14,133 - All over the house. - They never peed inside, ever. 4 00:00:14,200 --> 00:00:16,400 You don't know how horrific the situation is. 5 00:00:16,467 --> 00:00:17,800 [laughs] 6 00:00:17,867 --> 00:00:19,834 You call her some really nasty names. 7 00:00:19,900 --> 00:00:23,166 Freaking imbecile, nincompoop, idiot. 8 00:00:23,233 --> 00:00:24,900 You have this arrogant, pompous, 9 00:00:24,967 --> 00:00:28,133 self-righteous attitude. Outrageous. 10 00:00:28,200 --> 00:00:31,300 [announcer] Now on Tribunal Justice. 11 00:00:31,367 --> 00:00:34,900 ["Ride of the Valkyries" plays] 12 00:00:52,734 --> 00:00:56,066 Today's case was filed in San Jose, California. 13 00:00:56,934 --> 00:01:00,433 Judge, this is case number 2053 on the count in the matter 14 00:01:00,500 --> 00:01:03,166 of Xu versus Bueno. 15 00:01:03,233 --> 00:01:05,166 - Thank you, Byrd. - Uh-hmm. You're welcome. 16 00:01:05,233 --> 00:01:07,367 Parties have been sworn in. You may be seated. 17 00:01:07,433 --> 00:01:10,700 Ms. Xu, you rented your home to the defendant. 18 00:01:10,767 --> 00:01:11,834 Yes. 19 00:01:11,900 --> 00:01:14,934 [Judge Acker] And you say that his dogs urinated everywhere, 20 00:01:15,000 --> 00:01:18,100 it resulted in a mold problem on your property 21 00:01:18,166 --> 00:01:20,533 and you also had to replace the flooring. 22 00:01:20,600 --> 00:01:21,667 Yes. 23 00:01:21,734 --> 00:01:24,433 [Judge Acker] And you are suing him for $9,433. 24 00:01:24,500 --> 00:01:25,834 - Yes. - [Judge Acker] Mr. Bueno, 25 00:01:25,900 --> 00:01:28,934 you tell us that you had the home professionally cleaned, 26 00:01:29,000 --> 00:01:30,166 you owe her nothing. 27 00:01:30,233 --> 00:01:33,866 And in fact, this is just a big money grab on her part. 28 00:01:33,934 --> 00:01:37,667 Ms. Xu, you rented the house to the defendant 29 00:01:37,734 --> 00:01:39,834 on the same day that you closed the house. 30 00:01:39,900 --> 00:01:42,800 - Uh-hmm. - [Judge Acker] Purchase price was 1.85 31 00:01:42,866 --> 00:01:44,265 and what was your rent, sir? 32 00:01:44,333 --> 00:01:45,600 5,200 a month, yes? 33 00:01:45,667 --> 00:01:46,767 Uh, yes, Your Honor. 34 00:01:46,834 --> 00:01:48,265 [Judge Acker] Now, you have two dogs. 35 00:01:48,333 --> 00:01:49,734 Let's see the dogs. 36 00:01:49,800 --> 00:01:52,033 They are very handsome animals. 37 00:01:52,100 --> 00:01:53,734 You knew the dogs were going to be there, right? 38 00:01:53,800 --> 00:01:54,866 - [Wendy] Yes. I was able to… - [Judge Acker] So in the beginning, 39 00:01:54,934 --> 00:01:56,500 it works out well for everybody. 40 00:01:56,567 --> 00:01:59,934 In fact, I noticed from the evidence, 'cause you did submit quite a lot of it, 41 00:02:00,066 --> 00:02:04,066 both of you did, that there were times when you would email him 10, 42 00:02:04,133 --> 00:02:07,166 15 days before the rent was due and say, "Are you gonna pay the rent?" 43 00:02:07,233 --> 00:02:09,834 - Like on the 19th, one month. - She would demand the money from me 44 00:02:09,900 --> 00:02:13,133 all the time early because supposedly her mortgage payment, 45 00:02:13,200 --> 00:02:16,300 she wasn't able to make until I made, uh, the payment. 46 00:02:16,367 --> 00:02:19,700 And she would consistently, every month, ask me and say, 47 00:02:19,767 --> 00:02:22,100 "Kevin, have you sent the money? Kevin, have you sent the money?" 48 00:02:22,166 --> 00:02:23,466 And I'm like, "Uh, could--check your account. 49 00:02:23,533 --> 00:02:24,600 - There's no need to ask me." - Do you… 50 00:02:24,667 --> 00:02:25,734 [Judge Acker] I got it. I got that. I got that. 51 00:02:25,800 --> 00:02:26,867 - I never ask him every month. - [Judge Acker] No, no, no. 52 00:02:26,934 --> 00:02:28,000 - [Kevin] Oh, there's text messages. - [Judge Acker] Okay. 53 00:02:28,066 --> 00:02:32,800 Everybody's gonna stop right now because we have seen all of this evidence. 54 00:02:32,867 --> 00:02:37,700 And you did, in fact, ma'am, often ask him for rent well before it was due. 55 00:02:37,767 --> 00:02:39,433 I saw it. I saw the text messages. 56 00:02:39,500 --> 00:02:42,667 So, I don't think that he's testifying untruthfully there. 57 00:02:42,734 --> 00:02:43,800 Yes. One… 58 00:02:43,867 --> 00:02:46,300 [Judge Acker] Let's get to what you claim is the basis of the damage. 59 00:02:46,367 --> 00:02:48,400 Let's look at Exhibit 8. 60 00:02:48,466 --> 00:02:52,433 And so these are the images of the dog urine 61 00:02:52,500 --> 00:02:55,600 that remained on the property after the defendant moved out. 62 00:02:55,667 --> 00:02:57,500 - Is that right, ma'am? - [Wendy] Yes. 63 00:02:57,567 --> 00:02:59,800 - After he moved out? - After he did a professional clean, 64 00:02:59,867 --> 00:03:01,066 I visit the home. 65 00:03:01,133 --> 00:03:05,166 There's a really strong nauseous dog urine smell all over the house, 66 00:03:05,233 --> 00:03:07,834 on the first floor and also on the second floor. 67 00:03:07,900 --> 00:03:10,734 Tell me where were these pictures taken. 68 00:03:10,800 --> 00:03:13,133 Where in your home are these rooms? 69 00:03:13,200 --> 00:03:14,500 - [Wendy] Yes. - Where's the pee? 70 00:03:14,567 --> 00:03:16,100 [Wendy] The first one is a family room. 71 00:03:16,166 --> 00:03:18,767 So, family room, living room, master bedroom. Yes. 72 00:03:18,834 --> 00:03:22,033 And now, where was the mold located in your home? 73 00:03:22,100 --> 00:03:24,700 So, mold was located, uh, marked in 74 00:03:24,767 --> 00:03:28,300 all these red outline in all these, uh, rooms. 75 00:03:28,367 --> 00:03:32,533 So, the living room, dining room, family room, 76 00:03:32,600 --> 00:03:34,500 and the master bedroom on the second floor. 77 00:03:34,567 --> 00:03:37,834 - All the red outlines, the mold was… - [Judge Acker] Okay. 78 00:03:37,900 --> 00:03:40,200 [Wendy] … uh, detected by the molding inspector company. 79 00:03:40,266 --> 00:03:43,966 Got it. Mr. Bueno, is there any dispute that your dogs 80 00:03:44,033 --> 00:03:47,166 maybe sometimes had a little accident in the house? 81 00:03:47,233 --> 00:03:49,300 My dogs obviously are two big dogs. 82 00:03:49,367 --> 00:03:53,466 Um, they were super well-trained and they are super obedient. 83 00:03:53,533 --> 00:03:56,533 I walk 'em without a leash because they're so obedient. 84 00:03:56,600 --> 00:03:58,900 They never peed inside ever. 85 00:03:58,966 --> 00:04:01,300 And you could see on the second picture, 86 00:04:01,367 --> 00:04:04,200 there's two lines from the-- where my couch was. 87 00:04:04,266 --> 00:04:06,734 So, my--when I moved in, that couch never moved. 88 00:04:06,800 --> 00:04:09,767 And there's no way my dogs would ever pee on the couch like that. 89 00:04:09,834 --> 00:04:14,567 I am with you on dogs usually not peeing on furniture, 90 00:04:14,633 --> 00:04:17,233 especially if it's furniture that they sit on. 91 00:04:17,300 --> 00:04:19,767 I'm not with you, and I just gotta say, I don't believe you. 92 00:04:19,834 --> 00:04:21,533 I've had well-trained dogs. 93 00:04:21,600 --> 00:04:23,300 They have accidents sometimes inside. 94 00:04:23,367 --> 00:04:27,200 And you know why I know that to be true is because there's some very good evidence 95 00:04:27,266 --> 00:04:29,066 that you yourself presented, 96 00:04:29,133 --> 00:04:32,066 because, Ms. Xu, your property had suffered 97 00:04:32,133 --> 00:04:34,533 some pretty extensive damage to your fence. 98 00:04:34,600 --> 00:04:36,300 - Yes? - [Wendy] Uh, yes. 99 00:04:36,367 --> 00:04:38,433 [Judge Acker] And I believe you said, sir, 100 00:04:38,500 --> 00:04:41,867 that it was harder for your dogs to do their business outside 101 00:04:41,933 --> 00:04:45,266 because they had to go through like this apocalyptic nightmare. 102 00:04:45,332 --> 00:04:46,400 - Correct? - [Kevin] Correct. 103 00:04:46,467 --> 00:04:47,600 [Judge Acker] So, I'm gonna just say, 104 00:04:47,667 --> 00:04:50,000 I think that there was probably a little pee in the house. 105 00:04:50,066 --> 00:04:54,667 But, ma'am, I don't know that I'm convinced 106 00:04:54,734 --> 00:04:59,467 that you have made the case that these remnants of urine 107 00:04:59,533 --> 00:05:02,667 necessarily caused mold. 108 00:05:02,734 --> 00:05:04,166 Where is your mold report? 109 00:05:04,233 --> 00:05:06,400 Um, the inspection company asked me 110 00:05:06,467 --> 00:05:09,433 to pay for the $1,000 for that report, even though they came. 111 00:05:09,500 --> 00:05:11,600 - [Judge Acker] Well, I'm sorry… - And I have text messages. 112 00:05:11,667 --> 00:05:14,033 … that it was going to be costly, which means we don't have anything 113 00:05:14,100 --> 00:05:17,433 from you that would demonstrate the causal connection 114 00:05:17,500 --> 00:05:19,834 between the urine and the mold. 115 00:05:19,900 --> 00:05:24,567 Uh, we do, ourselves, however, have an expert on hand. 116 00:05:25,000 --> 00:05:26,066 There we go. 117 00:05:26,133 --> 00:05:27,834 Good afternoon, Mr. Andrade. 118 00:05:27,900 --> 00:05:30,767 Could you tell us what you do for a living, please, sir? 119 00:05:30,834 --> 00:05:33,767 Uh, I'm a property inspector and also a mold inspector as well. 120 00:05:33,834 --> 00:05:36,332 [Judge Acker] And how long have you been a mold inspector? 121 00:05:36,400 --> 00:05:38,000 Uh, about almost eight years. 122 00:05:38,066 --> 00:05:40,100 Have you ever encountered a situation 123 00:05:40,166 --> 00:05:44,433 where mold resulted from dog urine or dog waste? 124 00:05:44,500 --> 00:05:46,433 Have you seen anything like that before? 125 00:05:46,500 --> 00:05:47,567 No, I have not. 126 00:05:47,633 --> 00:05:51,834 Have you had a chance to view the plaintiff's photographs 127 00:05:51,900 --> 00:05:55,200 of the alleged mold that existed on her property? 128 00:05:55,266 --> 00:05:57,066 Uh, I'm--I was looking at the pictures. 129 00:05:57,133 --> 00:05:59,567 I know one of them, it looks like it was an exterior photo, 130 00:05:59,633 --> 00:06:01,734 maybe, like, through a patio slider door. 131 00:06:01,800 --> 00:06:05,934 Um, based on the location of where the possible mold growth is growing, 132 00:06:06,000 --> 00:06:07,934 it seems like it's some kind of moisture intrusion 133 00:06:08,000 --> 00:06:10,300 from the exterior or a possible roof leak. 134 00:06:10,367 --> 00:06:11,633 I don't think it's pet urine. 135 00:06:11,700 --> 00:06:12,767 Very unlikely. 136 00:06:12,834 --> 00:06:14,567 [Judge Acker] Very unlikely is your expert opinion. 137 00:06:14,633 --> 00:06:16,834 - Uh-hmm. - Based on your review of the photographs, 138 00:06:16,900 --> 00:06:18,667 are you able to offer an opinion 139 00:06:18,734 --> 00:06:21,900 as to how long the mold has existed on the property? 140 00:06:21,967 --> 00:06:24,500 Mold takes a while. It has to be in the right conditions. 141 00:06:24,567 --> 00:06:26,066 I'm looking at the photos right now, 142 00:06:26,133 --> 00:06:28,734 um, and it seems like there's quite a bit of it throughout, 143 00:06:28,800 --> 00:06:31,066 you know, these areas where the photos were taken. 144 00:06:31,133 --> 00:06:33,400 Um, so, it didn't happen overnight. 145 00:06:33,467 --> 00:06:35,467 Could it have happened within a year? 146 00:06:35,533 --> 00:06:37,533 - Uh, yeah. Or even longer. - [Judge Acker] Or even longer. 147 00:06:37,600 --> 00:06:39,867 - Or--yeah, or even longer. - [Judge Acker] Very good. 148 00:06:39,933 --> 00:06:41,033 - Uh-hmm. - Thank you very much, sir. 149 00:06:41,100 --> 00:06:43,467 So, Ms. Xu, you have a problem. 150 00:06:43,533 --> 00:06:48,066 You cannot make the connection between the dog urine and the mold. 151 00:06:48,133 --> 00:06:52,834 In fact, I wanna dig into a little bit of what the defendant suggests 152 00:06:52,900 --> 00:06:55,133 may be your motives for this lawsuit. 153 00:06:55,200 --> 00:06:57,567 He thinks you just can't afford the house and you need some money. 154 00:06:57,633 --> 00:06:58,700 - No. - Uh-hmm. 155 00:06:58,767 --> 00:07:02,100 [Judge Acker] And in fact, didn't you say that you thought that buying this house 156 00:07:02,166 --> 00:07:04,000 was a huge mistake? 157 00:07:04,066 --> 00:07:06,767 Due to this, uh, incident, I feel like that… 158 00:07:06,834 --> 00:07:08,433 [Judge Acker] No, that's not quite what you said. 159 00:07:08,500 --> 00:07:10,867 Your words were, "I regret this purchase." 160 00:07:10,934 --> 00:07:14,433 In fact, ma'am, when he gave you the 30-day notice, 161 00:07:14,500 --> 00:07:18,767 you didn't say, "Thank God, I gotta get you and your smelly dogs outta here." 162 00:07:18,834 --> 00:07:20,332 You said, "No, no, no. 163 00:07:20,400 --> 00:07:21,967 I want you to stay till the end of the month 164 00:07:22,033 --> 00:07:23,533 until I can find another tenant." 165 00:07:23,600 --> 00:07:26,500 So, the time when I visited her--his home, 166 00:07:26,567 --> 00:07:28,700 you don't know how horrific the situation is. 167 00:07:28,767 --> 00:07:29,834 [Judge Acker] I have to tell you--ma'am, 168 00:07:29,900 --> 00:07:30,967 - I'm gonna stop… - The clothes… 169 00:07:31,033 --> 00:07:35,500 [Judge Acker] Ma'am. Ma'am. If it smelled so overpoweringly of dog urine, 170 00:07:35,567 --> 00:07:39,667 why were you asking him to please stay after he gave you the notice? 171 00:07:39,734 --> 00:07:42,166 In fact, what you said was, "No, no, no. 172 00:07:42,233 --> 00:07:45,467 I need you to stay because I don't have another tenant." 173 00:07:45,533 --> 00:07:47,700 So, I don't find that entirely credible. 174 00:07:47,767 --> 00:07:49,000 - Judge DiMango. - I think that there are two things… 175 00:07:49,066 --> 00:07:50,834 - Okay. Let me pause you there. - [Wendy] Yeah. 176 00:07:50,900 --> 00:07:52,500 Was this a brand new house 177 00:07:52,567 --> 00:07:54,000 - that you bought? - Yes. 178 00:07:54,066 --> 00:07:55,567 [Judge DiMango] It was brand new, newly built? 179 00:07:55,633 --> 00:07:57,200 Oh, not a newly built, no. 180 00:07:57,266 --> 00:08:01,934 The house was built at the 19, uh, I think '70, '78. 181 00:08:02,000 --> 00:08:04,166 - I'm not too sure. - 19--so, it's not a new house? 182 00:08:04,233 --> 00:08:06,467 - [Wendy] It's not a new house. - Do you know who lived there before you? 183 00:08:06,533 --> 00:08:07,600 A homeowner. 184 00:08:07,667 --> 00:08:09,467 - I think a--since the home was built. - [Judge DiMango] Since it was built? 185 00:08:09,533 --> 00:08:11,800 - Yes. Homeowner. - Did that person have a family, 186 00:08:11,867 --> 00:08:13,066 children, dogs? 187 00:08:13,133 --> 00:08:15,533 Do you know who the people were that lived there before? 188 00:08:17,500 --> 00:08:19,934 [announcer] Coming up on Tribunal Justice. 189 00:08:20,000 --> 00:08:21,233 I'm gonna tell you what annoyed me. 190 00:08:22,266 --> 00:08:25,967 I went through your papers. I marked off five different times 191 00:08:26,033 --> 00:08:30,000 that your description of either her or yourself was outrageous. 192 00:08:30,300 --> 00:08:31,834 [dramatic musical sting] 193 00:08:33,866 --> 00:08:35,799 [theme music plays] 194 00:08:35,866 --> 00:08:39,900 [announcer] Landlord Wendy Xu is suing former tenant Kevin Bueno 195 00:08:39,967 --> 00:08:43,467 for over $9,000 in extensive mold damage 196 00:08:43,533 --> 00:08:46,333 she claims was caused by his dogs' urine. 197 00:08:46,400 --> 00:08:50,000 Kevin says Wendy is trying to squeeze every penny out of him 198 00:08:50,066 --> 00:08:52,767 because she can't afford the rental property. 199 00:08:52,834 --> 00:08:54,400 - It's not a new house? - [Wendy] It's not a new house. 200 00:08:54,467 --> 00:08:57,100 - Do you know who lived there before you? - A homeowner. 201 00:08:57,165 --> 00:08:58,967 - I think a--since the home was built. - [Judge DiMango] Since it was built? 202 00:08:59,033 --> 00:09:00,166 Yes. Homeowner. 203 00:09:00,233 --> 00:09:02,633 Did that person have a family, children, dogs? 204 00:09:02,700 --> 00:09:05,333 Do you know who the people were that lived there before? 205 00:09:05,400 --> 00:09:07,867 Uh, I'm not entirely sure, but it… 206 00:09:07,934 --> 00:09:09,700 - Well, what part are you sure of? - [Wendy] It's a senior couple. 207 00:09:09,767 --> 00:09:12,233 Only thing I'm very sure is, uh, the four week 208 00:09:12,300 --> 00:09:15,567 before the, uh, seller put the house on the market, 209 00:09:15,633 --> 00:09:19,767 she did a complete, uh, renovation for the house 210 00:09:19,834 --> 00:09:22,433 that, uh, she installed a complete new flooring, 211 00:09:22,500 --> 00:09:26,033 new carpet, and she paid through the escrow 212 00:09:26,100 --> 00:09:27,166 - with the seller agent. - Okay. 213 00:09:27,233 --> 00:09:28,300 - So… - Which I have email. 214 00:09:28,367 --> 00:09:29,500 [Judge DiMango] … I will take a copy of that. 215 00:09:29,567 --> 00:09:32,266 This doesn't necessarily support your position 216 00:09:32,333 --> 00:09:34,066 because she might have changed the floors 217 00:09:34,133 --> 00:09:37,200 because there was urine and things from her pets. 218 00:09:37,266 --> 00:09:38,967 We don't know that for sure. 219 00:09:39,033 --> 00:09:42,100 - But go on. I'm gonna let you go. - But the mold was exposed, 220 00:09:42,165 --> 00:09:44,233 uh, when we take out the baseboards. 221 00:09:44,300 --> 00:09:47,233 So, the baseboards and flooring are all newly installed. 222 00:09:47,300 --> 00:09:48,367 - Okay. - [Wendy] Right? 223 00:09:48,433 --> 00:09:52,467 So, let's talk about the area which far away from the sliding door, 224 00:09:52,533 --> 00:09:54,367 in the family room, for example here. 225 00:09:54,433 --> 00:09:56,734 This is where this vent is at. 226 00:09:57,600 --> 00:09:59,633 - [Judge DiMango] Okay. - This vent is right at here. 227 00:09:59,700 --> 00:10:04,233 So, there's no way the swimming pool or anything can go to that corner. 228 00:10:04,300 --> 00:10:07,133 That's where it turned up. So, uh, it sucks in air into the… 229 00:10:07,200 --> 00:10:08,333 - [Judge DiMango] Yes. Okay. - … HVAC system. 230 00:10:08,400 --> 00:10:11,767 And right behind that wall is the furnace and the water heater 231 00:10:11,834 --> 00:10:13,600 - and the washing machine room. - [Judge DiMango] All right. 232 00:10:13,667 --> 00:10:16,367 I'm gonna wanna speak to you, Mr. Andrade. 233 00:10:16,433 --> 00:10:17,500 Yes. 234 00:10:17,567 --> 00:10:18,900 [Judge DiMango] Has anything that she said here 235 00:10:18,967 --> 00:10:22,233 change your opinion as to whether or not the dog urine, 236 00:10:22,300 --> 00:10:24,600 which is nowhere near outdoor area 237 00:10:24,667 --> 00:10:27,834 and moisture would have caused that mold 238 00:10:27,900 --> 00:10:30,633 to be caused by anything but something like dog urine? 239 00:10:30,700 --> 00:10:32,934 I'm still sticking to my original story. I don't think it's a pet. 240 00:10:33,000 --> 00:10:34,467 I think it's moisture intrusion. 241 00:10:34,533 --> 00:10:37,500 And based on what the other gentleman said about where the water's coming in, 242 00:10:37,567 --> 00:10:39,400 I'm looking at that exact picture right now, 243 00:10:39,467 --> 00:10:41,734 um, where the return for the AC's at. 244 00:10:41,800 --> 00:10:44,467 I know he mentioned that the water heater's on the other side of that wall… 245 00:10:44,533 --> 00:10:45,834 - [Judge DiMango] Just that it… - [Jose] … it could be some kind of leak 246 00:10:45,900 --> 00:10:46,967 - where the--it turned up. - So, you're telling me 247 00:10:47,033 --> 00:10:48,934 that if a dog urinated in that area 248 00:10:49,000 --> 00:10:52,633 for a period of three months, that that would not cause mold. 249 00:10:52,700 --> 00:10:54,834 - Two dogs for instance. - Male or female? 250 00:10:54,900 --> 00:10:56,367 One's a male, one's a female. 251 00:10:56,433 --> 00:10:58,433 - [Judge DiMango] One of each. - Okay. What do the male do when they pee? 252 00:10:58,500 --> 00:10:59,567 They pick up their leg. 253 00:10:59,633 --> 00:11:03,500 You would see a remnant of urine through the wall coming down. 254 00:11:03,567 --> 00:11:06,834 Um, you would have that mold or mildew growth everywhere, 255 00:11:06,900 --> 00:11:08,600 not just exactly at the baseboards. 256 00:11:08,667 --> 00:11:09,834 [Judge DiMango] Okay. Thank you, sir. 257 00:11:09,900 --> 00:11:11,934 Now, Ms. Xu, 258 00:11:12,000 --> 00:11:15,900 have you ever had any confrontations with the defendant in any way? 259 00:11:15,967 --> 00:11:18,700 So, there are times I wanted to visit home, um, 260 00:11:18,767 --> 00:11:21,734 like, uh, I have mails or those things. 261 00:11:21,800 --> 00:11:24,033 He would not let me basically visit home. 262 00:11:24,100 --> 00:11:27,000 [Judge DiMango] Okay. 'Cause I'm gonna tell you what annoyed me very much. 263 00:11:27,700 --> 00:11:28,700 I went through your papers. 264 00:11:28,767 --> 00:11:31,567 I marked off five different times 265 00:11:31,633 --> 00:11:35,934 that your description of either her or yourself was outrageous. 266 00:11:36,000 --> 00:11:39,367 First one, "Wendy is a freaking imbecile." 267 00:11:39,433 --> 00:11:41,300 - Your words. - Uh-hmm. 268 00:11:41,367 --> 00:11:42,700 "She's a nincompoop. 269 00:11:42,767 --> 00:11:45,834 She's not the sharpest tool in the shed. 270 00:11:45,900 --> 00:11:47,000 She's an idiot." 271 00:11:47,066 --> 00:11:50,567 Fifth time, and this might be your biggest mistake, 272 00:11:50,633 --> 00:11:52,600 you say, "I'm not a dick." 273 00:11:53,233 --> 00:11:56,834 Who do you think you are referring to another individual 274 00:11:56,900 --> 00:11:58,533 in a lawsuit like that? 275 00:11:58,600 --> 00:12:00,567 Now, you lied. Where did you lie? 276 00:12:00,633 --> 00:12:03,166 - When Judge Acker said to you… - Uh-hmm. 277 00:12:03,233 --> 00:12:05,100 … "Did your dog ever pee in the house?" 278 00:12:05,166 --> 00:12:06,700 You know what you said? 279 00:12:06,767 --> 00:12:09,800 "No, never ever." 280 00:12:10,300 --> 00:12:14,433 And so I'm gonna read to you what you wrote in your answer. 281 00:12:14,500 --> 00:12:17,400 "Wendy wants me to pay for upgrades to her home. 282 00:12:17,467 --> 00:12:21,667 Yes, my dogs may have peed and pooped in the house, 283 00:12:21,734 --> 00:12:25,934 but that's because Wendy's fence came down due to high winds. 284 00:12:26,000 --> 00:12:30,000 My dogs weren't able to use their doggy door at night. 285 00:12:30,066 --> 00:12:32,200 We took them out in the daytime, 286 00:12:32,266 --> 00:12:37,333 but they were used to being able to go when they needed to at night." 287 00:12:37,400 --> 00:12:41,200 So, your position is your dogs were used to going at night, 288 00:12:41,266 --> 00:12:43,667 but since they couldn't go through the doggy door, 289 00:12:43,734 --> 00:12:47,600 they decided to utilize the home as their new indoor toilet. 290 00:12:47,667 --> 00:12:51,433 And you have this arrogant, pompous, self-righteous attitude, 291 00:12:51,500 --> 00:12:53,667 and demean her and put her down 292 00:12:53,734 --> 00:12:58,367 when meanwhile, the person in here who's blatantly lying is you. 293 00:12:58,433 --> 00:12:59,433 Okay. 294 00:12:59,500 --> 00:13:00,767 - [Judge DiMango] Judge Levy? - [Judge Levy] All right. 295 00:13:00,834 --> 00:13:05,567 Ma'am, prior to closing on the house in September of 2022, 296 00:13:05,633 --> 00:13:07,667 you had a home inspection done. Correct? 297 00:13:07,734 --> 00:13:10,533 The home inspection report was done through the escrow. 298 00:13:10,600 --> 00:13:13,333 Well, did you do a walkthrough of the home before you bought it? 299 00:13:13,400 --> 00:13:15,033 Yes. I walked through the home. 300 00:13:15,100 --> 00:13:16,934 Home is, uh, definitely a gorgeous home, 301 00:13:17,000 --> 00:13:18,000 - which I'm--I can present… - [Judge Levy] Okay. 302 00:13:18,066 --> 00:13:20,467 We're not gonna talk about pictures, we're not gonna talk about gorgeous home. 303 00:13:20,533 --> 00:13:21,533 - Right. - We're talking about 304 00:13:21,600 --> 00:13:22,600 the inspection report. 305 00:13:22,667 --> 00:13:25,600 What do you claim that the home inspection report said about the home? 306 00:13:25,667 --> 00:13:27,500 It was pristine. It was in great condition. 307 00:13:27,567 --> 00:13:28,633 - Yes. - [Judge Levy] Right. 308 00:13:28,700 --> 00:13:30,900 You're suing him for $10,000. 309 00:13:30,967 --> 00:13:34,033 You know that you wanna prove that the house was in pristine condition 310 00:13:34,100 --> 00:13:35,100 when you bought it, 311 00:13:35,165 --> 00:13:39,033 and you know the best evidence of that would be the home inspection report. 312 00:13:39,100 --> 00:13:40,100 Right? 313 00:13:40,165 --> 00:13:42,000 So, where is it? Why didn't you bring it? 314 00:13:45,734 --> 00:13:47,433 - You sure you wanna give it to me? - [Wendy] Yes. 315 00:13:47,500 --> 00:13:49,066 All right. When was the last time you looked at it? 316 00:13:49,133 --> 00:13:52,000 I look at it several times before I came to the court. 317 00:13:52,066 --> 00:13:53,834 Most people who do this don't end up well. 318 00:13:53,900 --> 00:13:54,900 [laughter] 319 00:13:54,967 --> 00:13:55,967 [Judge Levy] Hold on. 320 00:13:57,033 --> 00:14:00,100 Whoa. "The wood members under the crawl space 321 00:14:00,166 --> 00:14:02,266 show evidence of water damage." 322 00:14:02,333 --> 00:14:03,333 - I--and it… - [Judge Levy] So--hold on. 323 00:14:03,400 --> 00:14:04,633 We're not done. I'm gonna have fun now, 324 00:14:04,700 --> 00:14:06,967 'cause it's late in the day and I'm kind of bored. 325 00:14:07,033 --> 00:14:08,567 [laughter] 326 00:14:08,633 --> 00:14:10,400 - Keep in mind, we're not. - So--yeah. 327 00:14:10,467 --> 00:14:12,867 - [laughter] - [Judge Levy] So-- 328 00:14:12,934 --> 00:14:15,233 and now, we know one of the reasons why you didn't give it to us 329 00:14:15,300 --> 00:14:16,867 is because the home inspection report 330 00:14:16,934 --> 00:14:19,867 indicated that there was already water infiltration. 331 00:14:19,934 --> 00:14:21,467 Is that what you thought, Mr. Expert? 332 00:14:22,100 --> 00:14:23,133 Water intrusion. 333 00:14:23,200 --> 00:14:26,166 "Water damage, wood members under crawl space. 334 00:14:29,567 --> 00:14:31,667 Roofing, leaks were noted in the downspouts 335 00:14:31,734 --> 00:14:33,100 or gutters on the front." 336 00:14:33,165 --> 00:14:35,834 There we go. "And are noted from the stains at the areas 337 00:14:35,900 --> 00:14:37,400 where the leaks have occurred." 338 00:14:37,467 --> 00:14:39,367 That's what you said, Mr. Expert, right? 339 00:14:39,433 --> 00:14:40,467 - Ding, ding, ding. - Yes, sir. 340 00:14:40,533 --> 00:14:41,533 [Judge Levy] Roofing, leaks. 341 00:14:41,600 --> 00:14:44,066 I have a roofer report here. There's no leak. 342 00:14:44,133 --> 00:14:47,033 Stop. This is what you didn't want me to see. 343 00:14:47,100 --> 00:14:49,066 That's why I wanna see it. 344 00:14:49,133 --> 00:14:51,000 That's where the good stuff is. 345 00:14:52,066 --> 00:14:54,767 Missing downspouts at the front gutters. 346 00:14:54,834 --> 00:14:57,400 You know what happens when you don't have downspouts? 347 00:14:57,467 --> 00:14:59,467 Mr. Expert, where does the water go? 348 00:14:59,533 --> 00:15:00,767 Everywhere. 349 00:15:00,834 --> 00:15:02,133 - [Judge Levy] There we go. - [laughter] 350 00:15:02,200 --> 00:15:03,867 So, now we know that you bought a moldy house. 351 00:15:05,567 --> 00:15:08,066 [announcer] Coming up on Tribunal Justice. 352 00:15:08,133 --> 00:15:12,000 She lied in order to get some extra money from the IRS, pretty much, 353 00:15:12,066 --> 00:15:15,633 and stating that this is not a rental, that this is her primary residence. 354 00:15:15,700 --> 00:15:17,266 [Judge Levy] Right. And you deny that? 355 00:15:17,333 --> 00:15:18,934 [dramatic musical sting] 356 00:15:20,867 --> 00:15:22,567 [theme music plays] 357 00:15:22,633 --> 00:15:24,066 [announcer] Landlord Wendy Xu 358 00:15:24,133 --> 00:15:26,800 is suing former tenant Kevin Bueno 359 00:15:26,867 --> 00:15:30,100 for over $9,000 in extensive mold damage 360 00:15:30,166 --> 00:15:33,333 she claims was caused by his dogs' urine. 361 00:15:33,400 --> 00:15:36,734 Kevin says Wendy is trying to squeeze every penny out of him 362 00:15:36,800 --> 00:15:39,233 because she can't afford the rental property. 363 00:15:39,300 --> 00:15:40,367 [Judge Levy] Okay. 364 00:15:40,433 --> 00:15:43,000 Family room is right there. Right? 365 00:15:43,066 --> 00:15:45,800 All this area here is what you said was the mold, right? 366 00:15:45,867 --> 00:15:47,333 - Yes. - [Judge Levy] And that according to you, 367 00:15:47,400 --> 00:15:50,300 the only explanation from your mold people 368 00:15:50,367 --> 00:15:53,567 was that that mold was caused by his animals, right? 369 00:15:53,633 --> 00:15:55,700 - Yes. - [Judge Levy] Why don't you tell us, sir, 370 00:15:55,767 --> 00:15:58,033 what is directly above that room? 371 00:15:58,100 --> 00:15:59,100 Hall bath? 372 00:15:59,165 --> 00:16:00,800 Uh, yes. 373 00:16:00,867 --> 00:16:02,700 - [Judge Levy] Oh. - Uh, they're--right above that room 374 00:16:02,767 --> 00:16:04,800 - is a hall and a master bathroom. - [Judge Levy] Oh. Hold on. A hall bath. 375 00:16:04,867 --> 00:16:06,834 [Wendy] What? There's no bathroom like that. It… 376 00:16:06,900 --> 00:16:08,500 - Hold on. - [Wendy] Okay. 377 00:16:08,567 --> 00:16:11,500 So, this is the second floor, right? 378 00:16:11,567 --> 00:16:12,567 This is the… 379 00:16:12,633 --> 00:16:13,867 [Judge Levy] So, if you take the second floor 380 00:16:13,934 --> 00:16:15,700 and put it over the first floor, 381 00:16:15,767 --> 00:16:17,967 what is above the family room? 382 00:16:18,033 --> 00:16:19,567 - [Wendy] Bathroom. -[Judge Levy] Thank you. 383 00:16:19,633 --> 00:16:23,667 Now, do you remember the defendant sending you a text? 384 00:16:23,734 --> 00:16:26,767 You say to him, "I have a house inspection report. 385 00:16:26,834 --> 00:16:28,967 Everything was working when you took over." 386 00:16:29,033 --> 00:16:31,934 And then he responds, "Luckily, you have a home warranty, 387 00:16:32,000 --> 00:16:34,033 but yeah, oven is broken. 388 00:16:34,100 --> 00:16:37,834 And the toilet in hall bathroom upstairs 389 00:16:37,900 --> 00:16:40,867 won't stop running." 390 00:16:40,934 --> 00:16:41,934 It never happened. 391 00:16:42,000 --> 00:16:43,734 There's only a water tank that's-- 392 00:16:43,800 --> 00:16:46,233 - due to the lever. - [Judge Levy laughs] 393 00:16:46,300 --> 00:16:48,066 - There's no… - [Judge Levy] That's what he said. 394 00:16:48,133 --> 00:16:50,000 Here's the last thing that I'm gonna ask you. 395 00:16:50,066 --> 00:16:52,767 You got insurance for the house, you got homeowner's insurance? 396 00:16:53,433 --> 00:16:54,433 - Yes. - [Judge Levy] Right. 397 00:16:54,500 --> 00:16:56,165 The homeowner's insurance wants to know 398 00:16:56,233 --> 00:16:57,900 whether it's your primary residence 399 00:16:57,967 --> 00:16:59,934 or whether or not it's a rental or a second home. 400 00:17:00,066 --> 00:17:01,066 - Boom. - [Judge Levy] Right? 401 00:17:01,133 --> 00:17:03,633 Because it's more money for homeowner's insurance… 402 00:17:03,700 --> 00:17:04,700 - [Kevin] Uh-hmm. - … on a rental 403 00:17:04,767 --> 00:17:07,567 and it's more money on a homeowner insurance on a second home. 404 00:17:07,633 --> 00:17:09,200 - This is… - Where am I going with this, sir? 405 00:17:09,266 --> 00:17:10,266 Why don't you tell us? 406 00:17:10,333 --> 00:17:13,266 Upon, uh, me signing our lease agreement, 407 00:17:13,333 --> 00:17:17,133 she made it very clear to me that I would not be moving into the property 408 00:17:17,200 --> 00:17:19,867 unless I lied and said I was part of her family 409 00:17:19,934 --> 00:17:22,000 - and it was a primary residence. - I never said that. 410 00:17:22,066 --> 00:17:26,567 And she lied in order to get some extra money from the IRS, pretty much, 411 00:17:26,633 --> 00:17:30,233 and stating that this is not a rental, that this is her primary residence. 412 00:17:30,300 --> 00:17:31,834 [Judge Levy] Right. And you deny that? 413 00:17:31,900 --> 00:17:32,900 - I deny that. - [Judge Levy] Great. 414 00:17:32,967 --> 00:17:34,200 - So… - [Judge Levy] Page 10 of your text. 415 00:17:34,266 --> 00:17:35,567 "Kevin, you screwed me. 416 00:17:35,633 --> 00:17:38,567 I have told you not to mention you are tenants or renters." 417 00:17:38,633 --> 00:17:40,133 - So, this is my… - Stop. 418 00:17:40,200 --> 00:17:42,834 "But tell people you are part of the extended family, 419 00:17:42,900 --> 00:17:44,367 my brother-in-law." 420 00:17:44,433 --> 00:17:45,467 I got nothing further. 421 00:17:45,533 --> 00:17:48,367 [Judge DiMango] Um, we are going to retire to deliberate at this time. 422 00:17:48,433 --> 00:17:50,700 - Thank you both. - Court now stands in recess. 423 00:17:50,767 --> 00:17:52,300 Parties are excused. 424 00:17:52,367 --> 00:17:54,867 [dramatic musical sting] 425 00:17:56,400 --> 00:18:00,367 What was the interesting about this case is that, initially, right, 426 00:18:00,433 --> 00:18:02,900 it just seems like she's missing critical evidence, 427 00:18:02,967 --> 00:18:04,166 like a mold report. 428 00:18:04,233 --> 00:18:05,333 If you wanna prove mold, 429 00:18:05,400 --> 00:18:07,633 you have to come to court with the mold report. 430 00:18:07,700 --> 00:18:10,133 But it's even a little more insidious, 431 00:18:10,200 --> 00:18:12,400 because she wasn't just missing evidence, 432 00:18:12,467 --> 00:18:14,700 she actually tried to conceal evidence 433 00:18:14,767 --> 00:18:17,233 that would point to other bases for her damage. 434 00:18:17,300 --> 00:18:19,166 Um, this is such an easy dismissal. 435 00:18:19,233 --> 00:18:20,900 I don't have anything else to say. 436 00:18:20,967 --> 00:18:22,166 No. I mean, pretty clear. 437 00:18:22,233 --> 00:18:23,934 I mean, as nasty as he was, 438 00:18:24,000 --> 00:18:26,533 whether she deserved to be called anything or not, 439 00:18:26,600 --> 00:18:30,200 he was really a very patient tenant with regard to all of the damages. 440 00:18:30,266 --> 00:18:31,600 She knew nothing about this place. 441 00:18:31,667 --> 00:18:34,333 She got it, rented it, had no idea. 442 00:18:34,400 --> 00:18:37,800 So, the bottom line here is, she's not entitled to any money 443 00:18:37,867 --> 00:18:40,233 for the carpet or the mold. 444 00:18:40,300 --> 00:18:43,467 I don't want people to think that I was just too nasty with her… 445 00:18:43,533 --> 00:18:45,266 - No. Who would think that? - … because I don't want people 446 00:18:45,333 --> 00:18:49,200 to think that and to encourage them not to think that way. 447 00:18:49,266 --> 00:18:52,567 I just wanna bring up one fact between us that I'm not gonna discuss, 448 00:18:52,633 --> 00:18:54,100 we shouldn't discuss with her. 449 00:18:54,166 --> 00:18:57,734 But she made it very clear that the roof did not have a leak in it. 450 00:18:57,800 --> 00:18:58,867 The roof was not leaking 451 00:18:58,934 --> 00:19:01,834 despite the fact that the home inspection report that I read 452 00:19:01,900 --> 00:19:04,500 did, in fact, say leaking roof. 453 00:19:04,567 --> 00:19:08,533 On page 27 and 29 of the text messages, 454 00:19:08,600 --> 00:19:12,266 defendant sends her photographs of the broken backyard fence 455 00:19:12,333 --> 00:19:14,100 where the tree limb fell down. 456 00:19:14,166 --> 00:19:18,667 And he told the plaintiff that the neighbor wants that fence fixed. 457 00:19:18,734 --> 00:19:23,000 And she responds, "No money. I have to repair my roof." 458 00:19:23,066 --> 00:19:25,000 [laughs] She knew. 459 00:19:25,066 --> 00:19:26,233 - I have to… - [Judge Levy] She knew. 460 00:19:26,300 --> 00:19:27,700 I have to defend your vigor, 461 00:19:27,767 --> 00:19:31,834 because I don't think that you were unnecessarily rude to her at all. 462 00:19:31,900 --> 00:19:34,433 Look, she's bringing a lawsuit, as you pointed out, 463 00:19:34,500 --> 00:19:36,500 - trying to get $10,000… - [Judge Levy] $10,000. 464 00:19:36,567 --> 00:19:38,500 … that she knows she wasn't entitled to. 465 00:19:38,567 --> 00:19:42,500 So, if a tongue lashing is what is needed to drive the point home, lash away. 466 00:19:42,567 --> 00:19:43,667 No, I'm good. I'm good. 467 00:19:43,734 --> 00:19:45,066 - I've had my point. - [Judge Acker laughs] 468 00:19:45,133 --> 00:19:46,133 - Are we ready? - I'm ready. 469 00:19:46,200 --> 00:19:48,166 We're unanimous. 470 00:19:48,233 --> 00:19:51,000 [dramatic musical sting] 471 00:19:51,066 --> 00:19:52,333 [Byrd] Court is back in session. 472 00:19:52,400 --> 00:19:54,600 Parties are reminded you're still under oath. 473 00:19:54,667 --> 00:19:55,967 - Thank you, Byrd. - Uh-hmm. 474 00:19:56,033 --> 00:19:58,767 We have deliberated and we've reached a unanimous verdict. 475 00:19:58,834 --> 00:20:02,166 Mr. Bueno, you said some unkind things in your answer. 476 00:20:02,233 --> 00:20:04,367 But in the main, you were a very good tenant. 477 00:20:04,433 --> 00:20:06,333 You paid your rent on time, 478 00:20:06,400 --> 00:20:09,834 when your landlord, the plaintiff, didn't have money or funds 479 00:20:09,900 --> 00:20:12,900 to complete certain repairs or do necessary maintenance, 480 00:20:12,967 --> 00:20:14,433 you paid for them. 481 00:20:14,500 --> 00:20:18,066 And you were lucky, ma'am, to find a tenant like this. 482 00:20:18,133 --> 00:20:21,633 You know, it was not hard to decide your case. 483 00:20:21,700 --> 00:20:26,066 It became clear that not only did you not have certain evidence, 484 00:20:26,133 --> 00:20:29,367 you were, in fact, trying to conceal material facts 485 00:20:29,433 --> 00:20:31,433 - that would be detrimental your case. - Uh… 486 00:20:31,500 --> 00:20:32,934 [Judge Acker] And this was really unfair. 487 00:20:33,000 --> 00:20:36,633 It's not a good use of court time and it's not a good use of his time. 488 00:20:36,700 --> 00:20:37,967 Your case is dismissed. 489 00:20:38,033 --> 00:20:39,967 That's the unanimous verdict of the court. 490 00:20:40,033 --> 00:20:41,066 [gavel bangs] 491 00:20:41,133 --> 00:20:42,567 [Byrd] This case is now concluded. 492 00:20:42,633 --> 00:20:43,734 Parties are excused. 493 00:20:43,800 --> 00:20:45,600 You may step out. 494 00:20:45,667 --> 00:20:48,166 [theme music plays] 495 00:20:48,233 --> 00:20:50,633 The home inspection only mentioned the one thing. 496 00:20:50,700 --> 00:20:53,900 That's why I didn't get a chance to respond to that. 497 00:20:53,967 --> 00:20:55,800 I think she got what she had going for her. 498 00:20:55,867 --> 00:20:59,367 There's never a bathroom leak or a toilet leak. 499 00:20:59,433 --> 00:21:01,133 Uh, I shouldn't fix other people's problems. 500 00:21:01,200 --> 00:21:02,734 He damaged my carpet. 501 00:21:02,800 --> 00:21:04,967 I ended up finding another property and I moved 502 00:21:05,033 --> 00:21:07,467 and, yeah, I bought a property. [laughs] 503 00:21:07,533 --> 00:21:10,166 I don't have any else, anything to say. 504 00:21:10,233 --> 00:21:12,967 I'm just very disappointed. 505 00:21:13,033 --> 00:21:15,133 [announcer] Did someone destroy your property? 506 00:21:15,200 --> 00:21:18,133 Let Tribunal Justice decide your case. 507 00:21:18,200 --> 00:21:22,333 Find us on social media at Tribunal Justice. 508 00:21:22,400 --> 00:21:25,467 ["Ride of the Valkyries" plays]