[Judge Acker] Do you recall the text messages that you sent the defendant?
I'm gonna read them.
Go ahead.
"Renting from you is the equivalent
of living under a third-world tyrant.
Keep […] with me and you're going to find out what it is."
I'm a […] man here fighting for his kids' money,
food from their mouths.
You better calm yourself down.
You need to stop it now.
[announcer] Now, on Tribunal Justice.
["Ride of the Valkyries" plays]
[announcer] Today's case was filed in Long Beach, California.
[Cassandra] Your Honor, this is case 209A
and B in the matter of Cardenas versus Steuber.
All parties have been sworn in.
[Judge Levy] Thank you, Cassandra.
[Cassandra] You may be seated.
[Judge Levy] Okay.
Mr. Cardenas, on July 13th, 2021,
you, your wife, and your three children
moved into the defendant's duplex
and paid $6,390 for security deposit.
- Is that correct? - Yes. That is correct.
[Judge Levy] After two years, you and your family
moved out and the defendant,
according to your complaint, only returned $5,101.
You say that the deductions that the defendant made
were excessive and you're suing now
for the return of $1,289.
Yes. That is correct.
Now, if I understand, Ms. Steuber, your answer,
you say that you don't owe the plaintiff anything
since the repairs were more than
the normal wear and tear on the apartment.
That is correct.
[Judge Levy] You say that the plaintiff started intimidating you
before the 21 days that you had
to send the deposit back to him and his wife.
And you're countersuing for $2,500.
That is correct.
[Judge Levy] And the countersuit breakdown, $1,500
because you had to go to court five times at $300 a day.
Yes, Your Honor.
Also, for other items beyond normal wear and tear.
That's gonna be very important. That's your counterclaim.
It gets a little more complicated, 'cause that was the A case.
Now we have the B case.
The B case, Mr. Cardenas,
you're suing again for $3,060…
That is correct.
[Judge Levy] … that you were overcharged for rent increases,
255 a month for 12 months,
due to her improper rent increase notification.
That is correct. I was due to a 30-day notification--
proper notification of rent increase which she did not provide.
[Judge Levy] That's what you say, right?
[Juan] That's what…
And that's under California Civil Code Section 827.
- [Juan] Yes, sir. - [Judge Levy] Good.
Ms. Steuber, you deny that.
You said you complied with that statute.
That's correct, Your Honor.
Okay. Who is this gentleman right here?
This is my handyman who does the work before and after
and during the tenancy of a lot of my units, and…
- Mr. Serrano? - Yes, sir.
- … he was the one directly… - Okay. Step up.
- … who painted it prior to,
got it ready for them, and then he's the one
- who did most of the repairs after. - Okay.
Is that correct?
- You work for the defendant? - Yes, sir.
[Judge Levy] How long have you worked for her?
Been working for her for like four years.
- [Judge Levy] Four years? - Yes.
There came a time where you went inside the house, correct?
- [Ricardo] Uh-hmm. - When was that?
I think it was when I did some repairs
and then I installed some of the air conditioners,
plumbing issues.
The water--the water it was backing up.
[Judge Levy] Water backing up where?
There was one time on the bathtub and then the other one on the sink.
Did you ever see anything while you were inside the house
to suggest that the plaintiff here
and his wife and kids were not treating it well?
- No, sir. - [Judge Levy] Okay.
Before coming in today,
- you prepared a statement, did you not? - Yes. Yes.
[Judge Levy] By the way, Ms. Steuber,
did you see his statement before you came in today?
- No, I have not. - [Judge Levy] Right on.
"The unit was prepared by me before they moved in.
Once they moved out, I did normal repairs.
Because of the quality of the paint Ms. Steuber uses,
we could not just do individual touch-ups
on the stains on the wall."
That's correct.
"The whole unit had to be painted.
There were a lot of stains on the walls
and nail holes, which is pretty normal
for the amount of time tenants lived in the property."
Yes.
You say here that the reason you had to paint the entire house
was because of the paint choice of Mrs. Steuber.
- Yes. - [Judge Levy] Explain that.
Because she used expensive paint.
If I do touch-ups, it was not gonna match.
You would see that little spot.
Once you go in, you won't-- you're gonna notice it. For that…
So it's because of the type of paint that the defendant told you
to use that you had to now paint the entire apartment?
- Pretty much yes. - [Judge Levy] Okay.
But, Your Honor, the amount of damage that was done required the painting.
And the fact that Mr. Cardenas was a mechanic
and there was excessive grease
- and dirty stains… - That's a lie.
What does that have to do with anything?
Mr. Cardenas, look at me. Look at me.
Does it look like this is my first day on the job?
- No, sir. - [Judge Levy] Go on.
So rather than being able to clean the semi-gloss Dunn-Edwards paint
that I use, because I do use the superior paint
so that we don't have to repaint,
the type of grease that was on his hands
impregnated the white walls and the front door
to the path that we could not get the paint off,
- repaint after two years. - [Judge Levy] I know.
I know how difficult it is to sit there and bite your tongue,
but this is what we're talking about right here.
Mr. Serrano, take a look at page one.
Bathroom, shower, toilet.
That's the way it looked, right?
- [Ricardo] Yes. - [Judge Levy] Okay. Next one. The tub.
That's the way it looked?
[Ricardo] Yes.
[Judge Levy] And if I understand you correctly, Ms. Steuber,
from looking at your evidence that you submitted,
you claimed that the way that this bathtub
was left after two years was problematic.
Is that correct?
The seal at the back of the tub,
that is pulled away from the wall, and there's other pictures.
It was improper maintenance that…
Great. Show me the way this looked before he moved in.
I didn't take the exact picture…
[Judge Levy] You don't have evidence of that?
- … but I do. - [Judge Levy] Oh, show me where it is.
Sure. It'll take me a minute to go all the way back to 2021.
You can. I'll go over the rest of this with your handyman.
- [Michelle] And by the way… - Page 40…
[Michelle] … also on that photo,
- there's hard water stains. - [Judge Levy] Go ahead.
You don't need to say anything.
- Just get me the photographs. - Okay.
I went through all of your evidence and, quite frankly,
if I sound a little sharp right now, I am,
'cause you were nickel-and-diming.
No, Your Honor, I was not.
I--listen, I wanna see the way that that tub looked.
And I'm telling you right now,
if you don't have a picture that shows that tub
with a date on it in pristine condition,
that's not gonna be good for your case.
[announcer] Coming up on Tribunal Justice.
If you think I'm just gonna sit here and let you
be smug while you threaten violence, you are nuts
Where's the threat?
[dramatic musical sting]
[theme music plays]
[announcer] Juan Cardenas is suing landlord, Michelle Steuber,
for the return of his security deposit
and for improper notification of a rent increase.
Michelle says she was intimidated by Juan
and is now countersuing for breach of contract, lost wages,
and an overpayment on the security deposit.
- Look on page 40. - Yes.
[Judge Levy] That's the way the kitchen looked.
They were deducting money from something about the way that this looked?
She's saying that the inside of the kitchen cabinets.
She was claiming-- that's what she's charging for,
cleaning or painting the inside of the cabinets.
I repainted the whole cabinets.
- [Judge Levy] Painting the cabinets. - Yeah.
[Judge Levy] Because she said that it looks like
"Women who have fake nails chip away the paint."
- That's what you said, right? - [Michelle] Yes.
[Judge Levy] Right. So she wants you to pay because in her experience,
it looks like, probably you, ma'am,
had fake nails and chipped it.
- Let's look, uh, page 41. - [chuckles]
[Judge Levy] Anything about the way that that room looked
that suggested to you it was damaged
above what normal wear and tear is?
Oh, it's just a picture, hard to tell, but no.
[Judge Levy] Nope? Good.
Let's go to the next one.
- How are we doing on that photograph? - [Michelle] I'm looking.
But, Your Honor, he's taking pictures from far away
and you can't see the small imperfections.
You weren't there. He was there.
- That was his job. - [Michelle] No.
I did the walkthrough with him
- and he came right after. - [Judge Levy] His job was to fix it.
I'm not interested in what you say.
You brought him.
- He's the objective guy, right? - [Michelle] But if you would--
- I'm not telling… - He was there.
Just find me the photograph.
- Yes, sir. - [Judge Levy] Page 44.
Bedroom number two.
Anything about that photograph?
Uh, yeah. Patches.
It was patched.
[Judge Levy] Patches?
[Ricardo] There was a-- there was a TV right there
that you won't see
'cause they didn't took that picture
- right for you to see the evidence. - [Juan] Actually, I do have a picture
of those anchors, Your Honor.
The exact anchors that he's talking about for the television.
- [Judge Levy] I… - Let's see this scrape damage
that they're talking about.
[Judge Levy] Do--does it sound like I need your help?
- No, sir. - [laughter]
How are we doing on that photograph?
Your Honor, I--I've had a loss of some of my photos
and I don't have any of the photos, other than the [indistinct].
[Judge Levy] Great. That's what I figured you were gonna say.
So then you don't have any proof or evidence
as to what these things looked like
before he moved in.
But I think testimony of a handyman who is objective,
I think his testimony as to the condition of the unit
prior to the move-in is quite important.
[Judge Levy] [laughs] You know what the best evidence
of the condition is at the time before move-in?
What's the best evidence?
Video walkthrough.
Video walkthrough, baby.
Just so we're clear.
So any of the damage that you claim
when they left, you have no photographs
to show what the property looked like before
- and no videos. - That's correct, Your Honor.
[Judge Levy] Okay. Mr. Serrano, you can have a seat.
Ma'am, step up.
Ms. Vargas, do you have any information
that you can add about the security deposit?
How was it that you two came to pay
$6,390 security deposit
in July of 2021?
Because she told me that--
first, she had told me
she was going based on credit.
I told her, "That's not a problem.
I have good credit. We have good credit.
We've been working on that."
And she was fine.
Then when I brought my husband, she lied
- and then she said… - [Judge Levy] Don't tell me she lied.
I don't wanna-- I don't wanna hear she lied.
Okay. Well, then she added-- she said that I had to pay more now.
[Judge Levy] Okay. So there was something
about the plaintiff's credit score
that caused you concern?
No. It wasn't the credit score specifically.
What was it?
He was self-employed
and did not have a high-earning capacity
that was demonstrated on his bank statements
and things like that, so he was a high credit risk.
[Judge Levy] Oh. How long was he working in his self-employment capacity?
- I believe… - [Judge Levy] Right?
Because if you're working in your self-employment capacity for ten years
and you have a great credit rating,
it suggests that you're a low risk.
- Yes. - [Judge Levy] Okay.
How long was he working for himself?
[Michelle] I don't recall, Your Honor.
- I forgot the application. - All right. You know what?
I think I'm good. Judge Acker.
I'm probably gonna have questions on the tail end of this.
- Go ahead, please. - [Judge Acker] Thank you, Judge Levy.
There's a lot in this case that gets my spidey sense up.
Do you recall the text messages that you sent
the defendant on or around July 2nd?
- Yes. - [Judge Acker] I'm gonna read them.
- Go ahead. - You proud of them?
You know, uh, again, I was pushed to this point,
and my opinion about her and any predictions I made
are--yeah, those are my statements.
July 3rd, and I believe, ma'am,
this is you responding to a discussion
about returning the mailbox key
- and getting the lock off the garage. - I think, Your Honor, yes.
[Judge Acker] "Let me know when you remove your lock
and I will arrange to have a new one put on.
You can leave your mailbox key in the mailbox.
Just leave it unlocked.
No need for a final walkthrough."
This is from Mr. Cardenas.
"You [bleep].
You [bleep] up.
You made a mistake you're not aware of.
Keep [bleep] with me and you're going to find out what it is."
The defendant, "Please do not call me anymore.
Do not threaten me.
I will put a restraining order if necessary
with your MMA background.
Please communicate via email.
Thank you."
From Mr. Cardenas.
"Who trained you, you stupid [bleep].
I've had enough pretending to tolerate you.
Renting from you was the equivalent
of living under a third-world tyrant."
And then it seems ma'am
that you reached out to Ms. Cardenas.
"I suggest you get your husband under control
because I'm about to make a police report
and get a restraining order."
And then from Mr. Cardenas.
"I will quit calling you
when you give me my [bleep] money back.
You [bleep] rap [bleep]."
Tell me what lesson you were gonna teach her?
Oh, the two civil court cases that she has on her.
That was the mistake she made.
That was what I explained to the judge in the restraining order.
Now, I didn't think I was gonna have to defend myself
against the restraining order again.
She may have nickel-and-dimed you,
but if you think I'm just gonna sit here and let you be smug
because she overcharged you for a security deposit
while you threatened violence, you are nuts.
Where's the threat?
"Keep [bleep] with me and you're going to find out what it is."
You don't think that's a threat, sir?
So you're threatening me?
[Judge Acker] No. I'm reading your language, silly.
- [laughter] - [Judge Acker laughs]
Isn't that funny? Wow.
[Judge DiMango] She just…
Did that really just happen?
That really just happened.
I repeated the words
that you said, "Where is the threat I made to her?"
I read it and you are absolutely…
- [Juan] So fine. - … showing who you are.
[Juan] Yeah, I am.
I'm a […] man here fighting for his kids' money,
food from their mouths.
I'll have you know.
So, yes, this is important to me.
[Judge Acker] You better calm yourself down.
[Petri] Twenty-five years I've been doing this, all right?
I need for you--just listen.
Answer the questions that are put to you.
If you don't agree with it, move on, all right?
I know why you got the restraining order.
- [Petri] You understand what I'm saying? - I have some big problems with your case
but I cannot imagine having to live with this.
[Petri] You understand what I'm saying, right?
[announcer] Coming up on Tribunal Justice.
You said you mailed two security deposit checks.
They were lost within the priority mail system.
Thank you.
Where's your stop payment on those two checks?
[dramatic musical sting]
[theme music plays]
[announcer] Juan Cardenas is suing landlord, Michelle Steuber,
for his security deposit
and for improperly notifying him of a rent increase.
Michelle is countersuing, claiming that Juan threatened her
with violence, caused her lost wages,
and breached the lease.
You submitted a picture, because when Judge Levy
was inquiring about the damages,
we looked at the plaintiff's damages.
So then I looked at your damages,
and there was a picture of the bathroom
that you submitted in your evidence
- and it was a sink coming off the wall. - [Michelle] Yes.
This literally just happened in my house several months ago.
It starts to slowly come off the wall.
There's nothing I did. I wasn't like, you know--unless--
and, again, don't use this moment to pile on.
I've seen who he is.
But there's no evidence that they did anything
to move the sink off of the wall.
It's a pedestal sink.
It shouldn't be pulled away
unless someone's pulling on it,
leaning against it.
But also in that picture
- was the two little holes. - [Judge Acker] Well, I gotta tell you.
I mean, come on. Come on. No, no, no, no, no, no, no.
You've used a sink. You've been in a restroom.
If we're gonna stay--you know, people lean on sinks.
They brush their teeth.
- It was the two holes above it. - [Judge Acker] You went too far.
- Like you went too far. - No, no, no.
- Okay. - [Judge Acker] I know that you're upset.
I know he said things to you that were upsetting.
I didn't read the text message where he said,
"You were gonna die alone and be eaten by your dog,"
or some such thing 'cause that's there too.
- I was imparting she's a lonely [bleep]. - [Judge Acker] But…
- [Maria] Stop. Stop. - [Judge Acker] Oh, what was it?
- [Cassandra] You're doing too much. - [Maria] Stop.
[Cassandra] You're doing too much.
You need to stop it now.
- Yes, ma'am. - [Cassandra] You're doing too much.
- I understand. - [Cassandra] Too much.
But the fact that he has a horrible anger management problem
and suggest violence to you,
means that you did the thing you were supposed to do.
You were supposed to go to court and you were supposed
- to get a restraining order. - [Michelle] Yes.
It doesn't mean that you get to keep extra money.
Judge DiMango.
Let me just preface this by saying the both of you
need to be a little more Italian,
which is this isn't personal, it's business.
You feel this is somehow
insulting your whole person
and you who you are,
and so your responses,
as wildly inappropriate as they were,
were to make her feel
as personally inadequate as you felt.
Would I be correct about that?
Yes. That's correct.
And can you understand that other part of this?
- Yes. Of course, Your Honor. - [Judge DiMango] Okay.
So that being said,
you have done some things
that I want you to explain to me,
because I was reading this and I'm thinking
you said you mailed them two checks,
two security deposit checks, right?
They were lost within the priority mail system.
- [Judge DiMango] Thank you. - Yes.
[Judge DiMango] That's where I wanted to go.
Where is your stop payment on those two checks?
You don't have one, 'cause I don't think you ever mailed them.
Oh, I have the priority mail document that was given to…
No checks, but you didn't stop payment on those.
I would stop payment on $5,100 worth of checks if I thought
they never got delivered.
Second thing is is you have here
submitted this security deposit accounting statement final addendum.
- This did go to him, right? - Yes.
[Judge DiMango] And in here you say
that the things that you were seeking money for--
repair surface of tub
because tenant used abrasive cleaner.
- Of course, you could use a cleaner. - [Michelle] No, no, no.
- You can't on a glazed tub. - [Judge DiMango] Not your tub?
When was the last time you had it glazed?
Right before they moved in.
Two years? You did everything before they moved in.
- [Michelle] Uh-hmm. That's correct. - Do you have a receipt for that?
Not with me.
The other thing you said is,
"The inside of the cabinets
were also marred and dirty
from such items as pots and pans
being moved in and out."
How do you get your pots and pans out of your cabinets?
Make believe that your phone is a pan.
Take it out.
Take it out so I could see how you don't scrape it.
Do it.
You lift and you took.
- You really do that? [whistles] - [Michelle] Yeah.
[Michelle] And my other tenants don't have…
[laughter]
[Michelle] I've had tenants in my properties for five years and not…
- [Judge DiMango] I don't know. - … done the damages to the inside…
But to go one further on that, you wrote "But as a courtesy,
I am not charging the tenant
for repainting those surfaces."
And what do I see here…
painting inside of cabinets.
- Because… - What? Because what?
Because this is the point.
You're nickel-and-diming and you have a personality.
It's like holier-than-thou.
His personality is "I take everything personally.
I've worked hard. I'm an immigrant.
I wanna be accepted for who I am, and you're not doing that.
You're treating me differently."
The two of you are like vinegar and oil.
And so this escalates and escalates.
And the sink, I mean, literally, you'd have to stand on that sink
to make it come off the wall.
Things like that happen.
About the sink
when he came to unclog it to help me out greatly,
that's when the sink was moved.
- You have to take--yes. - So he had to remove
- the sink to unclog it? - Yeah, because you can't get to the…
- [Judge DiMango] Ah, that's a good point. - I didn't move it.
[Judge DiMango] Sir, I'm gonna ask you.
Correct?
I did move the base on the bottom, not the sink.
- So you took the bottom off? - [Ricardo] Yeah.
And left the top just sitting there?
- [Ricardo] Yeah, 'cause… - That's even worse.
'Cause now the weight of the top
is not being handled by the pedestal itself,
it's coming off the wall.
Your rent was going to go up.
You didn't get 30-day notice.
She showed up with another one year lease.
Basically, I felt like I needed to sign.
Where else was I gonna go? I have my kids.
Here she comes knocking on the door, no notice.
[knocks]
"You're gonna keep dealing with me
and I got you right where I want you."
Boom.
They did have proper notice.
I don't wanna hear from you.
How dare you.
[announcer] Next time on Tribunal Justice.
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["Ride of the Valkyries" plays]