1 00:00:06,867 --> 00:00:09,400 You bought a bike, you got a super-great deal on it. 2 00:00:09,467 --> 00:00:11,300 [Judge Acker] And when you saw the ad, 3 00:00:11,367 --> 00:00:13,834 you didn't have any reason to think that it was stolen. 4 00:00:13,900 --> 00:00:16,233 - Yeah. - You knew it had no paperwork, 5 00:00:16,300 --> 00:00:19,467 no pink slip, no registration, no nothing? 6 00:00:19,533 --> 00:00:20,934 But I've done this process before. 7 00:00:21,000 --> 00:00:22,900 Which is exactly the problem, Mr. Jimenez. 8 00:00:22,967 --> 00:00:24,467 Red flags everywhere. 9 00:00:24,533 --> 00:00:26,033 If you had reason to believe 10 00:00:26,100 --> 00:00:28,800 that it could have been stolen, you got problems. 11 00:00:28,867 --> 00:00:31,600 [announcer] Now on Tribunal Justice. 12 00:00:31,667 --> 00:00:35,133 ["Ride of the Valkyries" plays] 13 00:00:53,133 --> 00:00:56,700 [announcer] Today's case was filed in Murrieta, California. 14 00:00:57,233 --> 00:01:00,100 Judge, this is case number 2087, 15 00:01:00,166 --> 00:01:01,900 Jimenez versus Garcia. 16 00:01:01,967 --> 00:01:03,734 All parties have been sworn in. 17 00:01:03,800 --> 00:01:04,900 You may be seated. 18 00:01:04,967 --> 00:01:06,567 - [Judge Levy] Thank you, Cassandra. - [Cassandra] You're welcome. 19 00:01:06,633 --> 00:01:08,533 - All right. Mr. Jimenez… - [Isaiah] Yes. 20 00:01:08,600 --> 00:01:10,333 … according to your complaint, sir, 21 00:01:10,400 --> 00:01:11,500 you and your witness, 22 00:01:11,567 --> 00:01:13,800 you buy and sell dirt bikes, 23 00:01:13,867 --> 00:01:15,600 and you do that as a side hustle. 24 00:01:15,667 --> 00:01:19,233 And in December of 2023, 25 00:01:19,300 --> 00:01:21,400 you saw an ad for a dirt bike. 26 00:01:21,467 --> 00:01:24,033 The defendant posted that ad. You bought the bike. 27 00:01:24,100 --> 00:01:25,433 You didn't know it was stolen, 28 00:01:25,500 --> 00:01:26,900 according to your complaint. 29 00:01:26,967 --> 00:01:29,900 But when you went to turn around and sell that bike 30 00:01:29,967 --> 00:01:31,467 is when the rightful owners, 31 00:01:31,533 --> 00:01:34,133 according to you, came to look at the bike. 32 00:01:34,200 --> 00:01:36,400 They told you that it was theirs. 33 00:01:36,467 --> 00:01:37,567 They took it. 34 00:01:37,633 --> 00:01:40,366 And now, you got no bike, no money, 35 00:01:40,433 --> 00:01:43,567 and you're suing the defendant for $1,400. 36 00:01:43,633 --> 00:01:45,633 $700 for what you spent on the bike, 37 00:01:45,700 --> 00:01:50,033 $300 for gas, labor, and time to get it, uh, running, 38 00:01:50,100 --> 00:01:52,400 and $400 for lost profits. 39 00:01:52,467 --> 00:01:53,467 Correct. 40 00:01:53,533 --> 00:01:55,667 [Judge Levy] And Mr. Garcia, your answer is pretty simple. 41 00:01:55,734 --> 00:01:58,500 You said the bike was a gift from your girlfriend. 42 00:01:58,567 --> 00:02:00,233 You had no idea it was stolen. 43 00:02:00,300 --> 00:02:02,400 You owe the plaintiff nothing. 44 00:02:02,467 --> 00:02:04,100 - Yeah. Pretty much. - [Judge Levy] All right. 45 00:02:04,166 --> 00:02:06,400 Mr. Jimenez, why don't you tell us about the first time 46 00:02:06,467 --> 00:02:08,567 that you had come in to contact with the defendant 47 00:02:08,633 --> 00:02:10,900 and how it was you came in to possess this bike? 48 00:02:10,967 --> 00:02:13,200 Yeah. So, uh, my buddy here, he--you know, 49 00:02:13,266 --> 00:02:15,233 if he sees a good deal, we don't really do that much, 50 00:02:15,300 --> 00:02:17,567 but if we see a really good deal, we'll hop on it. 51 00:02:17,633 --> 00:02:19,166 He saw this bike for sale. 52 00:02:19,233 --> 00:02:20,433 I reached out to him. 53 00:02:20,500 --> 00:02:22,233 We agreed on a price right away. 54 00:02:22,300 --> 00:02:24,000 Uh, he lives about an hour and a half from me. 55 00:02:24,066 --> 00:02:26,466 I drove down there the next morning. 56 00:02:26,533 --> 00:02:29,000 Uh, bike was good, the VIN was intact. 57 00:02:29,066 --> 00:02:32,100 Usually with dirt bikes, uh, the VIN will be scratched off or messed with. 58 00:02:32,166 --> 00:02:33,800 And he also gave me a bill of sale, 59 00:02:33,867 --> 00:02:36,900 - so I took it home, worked on it. - What'd it need? 60 00:02:36,966 --> 00:02:38,400 [Isaiah] Uh, a rebuild on the carburetor. 61 00:02:38,466 --> 00:02:40,033 Got it running perfect. The bike was great. 62 00:02:40,100 --> 00:02:43,700 So the date that you saw the ad online 63 00:02:43,767 --> 00:02:45,966 from the defendant was December what? 64 00:02:46,033 --> 00:02:47,100 Uh, 23rd we saw the ad. 65 00:02:47,166 --> 00:02:49,033 24th early in the morning, I picked it up. 66 00:02:49,100 --> 00:02:51,166 Okay. And this is a picture of the bike? 67 00:02:51,233 --> 00:02:52,867 - There we go. That's the bike. - [Judge Levy] All right. 68 00:02:52,934 --> 00:02:55,800 Tell us your recollection of what the ad said. 69 00:02:55,867 --> 00:02:58,333 I believe it said, "Bike's been sitting for about two years," 70 00:02:58,400 --> 00:03:01,700 or been sitting, uh, and the price was good. 71 00:03:01,767 --> 00:03:04,700 - I hopped on it. - So now, uh, that's December 24th. 72 00:03:04,767 --> 00:03:06,700 You fixed the bike up and then you put it up 73 00:03:06,767 --> 00:03:09,000 - on the market for sale, correct? - Correct. 74 00:03:09,066 --> 00:03:10,700 [Judge Levy] And when was that? 75 00:03:10,767 --> 00:03:12,567 Uh, 29th? 76 00:03:12,633 --> 00:03:14,400 - [Judge Levy] About five days later? - [Isaiah] Correct. 77 00:03:14,467 --> 00:03:16,400 And you put it online for how much? 78 00:03:16,466 --> 00:03:18,233 - Uh, 2,200. - [Judge Levy] $2,200? 79 00:03:18,300 --> 00:03:19,567 - Yeah. - And what happened? 80 00:03:19,633 --> 00:03:21,300 [Isaiah] So, uh, these-- those things sell day and night, 81 00:03:21,367 --> 00:03:23,033 so we had, uh, quite a few people wanting 82 00:03:23,100 --> 00:03:24,667 to come in the evening of the next day. 83 00:03:24,734 --> 00:03:26,934 Another guy was very adamant 84 00:03:27,000 --> 00:03:29,233 about coming early that morning the next day. 85 00:03:29,300 --> 00:03:32,066 And so, uh, he comes to check it out. 86 00:03:32,133 --> 00:03:34,533 Uh, they're checking out the bike, just like normal. 87 00:03:34,600 --> 00:03:37,066 Uh, they start it up. It runs fine. 88 00:03:37,133 --> 00:03:38,266 And then it was two of them. 89 00:03:38,333 --> 00:03:40,033 His buddy looks at the VIN 90 00:03:40,100 --> 00:03:42,133 and he was just telling me, uh, like, 91 00:03:42,200 --> 00:03:44,934 am I sure it's not stolen or do I have any paperwork? 92 00:03:45,000 --> 00:03:46,333 I told him I got a bill of sale. 93 00:03:46,400 --> 00:03:48,133 Did he ask you, do you have any reason to believe it's stolen? 94 00:03:48,200 --> 00:03:49,500 Yeah, because I wasn't selling it with paperwork. 95 00:03:49,567 --> 00:03:50,633 I was selling it on bill of sale 96 00:03:50,700 --> 00:03:52,500 where many bikes on the market move like that. 97 00:03:52,567 --> 00:03:54,700 His buddy was kind of sitting on it, playing the whole part, 98 00:03:54,767 --> 00:03:56,900 and then he goes in the truck, gets the pink slip, 99 00:03:56,966 --> 00:03:58,033 and then comes out, 100 00:03:58,100 --> 00:04:00,867 and, uh, aggressively shows me the pink, 101 00:04:00,934 --> 00:04:03,467 and claiming that I stole his bike 102 00:04:03,533 --> 00:04:05,834 in which I was pretty shocked. 103 00:04:05,900 --> 00:04:08,467 So I told him, you know, "Wait here." 104 00:04:08,533 --> 00:04:09,600 I was gonna go get the bill of sale. 105 00:04:09,667 --> 00:04:11,834 Mind you, my truck was in the backyard, 106 00:04:11,900 --> 00:04:13,567 um, and it's pretty far away, 107 00:04:13,633 --> 00:04:16,399 so I had to walk all the way to the back to get the bill of sale. 108 00:04:16,466 --> 00:04:18,266 As I get to the truck, 109 00:04:18,332 --> 00:04:20,899 they already have the bike loaded in their truck 110 00:04:20,966 --> 00:04:22,132 and they drove off. 111 00:04:22,200 --> 00:04:23,433 And you chased after them? 112 00:04:23,500 --> 00:04:26,367 Uh, so, uh, it was early in the morning but I called my buddy. 113 00:04:26,433 --> 00:04:29,332 He's right down the street. I woke him up kind of in a frantic. 114 00:04:29,400 --> 00:04:32,633 I said, "Hey, man, there's a guy that took my bike. 115 00:04:32,700 --> 00:04:34,867 Uh, he's in a truck. You gotta--you gotta get…" 116 00:04:34,933 --> 00:04:36,000 [Judge Levy] All right. So that's what you do. 117 00:04:36,066 --> 00:04:37,133 So you and he get in the car 118 00:04:37,200 --> 00:04:39,100 - and then you chase the guys down? - [Isaiah] No, no, he does. 119 00:04:39,166 --> 00:04:40,633 - [Judge Levy] Okay. - [Isaiah] There was just no way for me 120 00:04:40,700 --> 00:04:42,000 - to pull my truck out. - [Judge Levy] I got it. 121 00:04:42,066 --> 00:04:44,467 And they were gone and that was the end of your bike? 122 00:04:44,533 --> 00:04:45,600 - [Isaiah] Correct. - All right. 123 00:04:45,667 --> 00:04:47,734 Mr. Garcia, where do you say 124 00:04:47,800 --> 00:04:49,467 that you got the bike from? 125 00:04:49,533 --> 00:04:51,567 I got it as a gift from my ex-girlfriend. 126 00:04:51,633 --> 00:04:52,700 - When? - [Mike] When? 127 00:04:52,767 --> 00:04:53,933 It was like, uh, November. 128 00:04:54,000 --> 00:04:56,200 I don't really remember the exact date. 129 00:04:56,266 --> 00:04:58,300 It was like maybe--I had the bike 130 00:04:58,367 --> 00:04:59,567 in my garage for about a month. 131 00:04:59,633 --> 00:05:01,533 My plans were to clean the carb myself. 132 00:05:01,600 --> 00:05:03,033 Would your recollection be refreshed 133 00:05:03,100 --> 00:05:05,533 if I told you that it was November 23rd… 134 00:05:05,600 --> 00:05:06,800 - I really don't remember. - … that your girlfriend bought, 135 00:05:06,867 --> 00:05:09,233 at least according to documents that were supplied to us, 136 00:05:09,300 --> 00:05:10,934 - bought the bike? - Possibly, yeah. 137 00:05:11,000 --> 00:05:12,066 And then you decided 138 00:05:12,133 --> 00:05:13,800 - one month later to sell it? - Yes. 139 00:05:13,867 --> 00:05:15,734 [Judge Levy] Why did you decide to sell it? 140 00:05:15,800 --> 00:05:17,000 Well, times were getting hard 141 00:05:17,066 --> 00:05:18,500 and Christmas was coming up. 142 00:05:18,567 --> 00:05:20,533 Uh, I was kind of short of money 143 00:05:20,600 --> 00:05:22,300 and plus, I had, uh, some other-- 144 00:05:22,367 --> 00:05:23,867 I had court for something else. 145 00:05:23,934 --> 00:05:26,233 You put that in your papers, did you not, in your answer? 146 00:05:26,300 --> 00:05:27,500 - [Mike] Yes. - You said it was a DUI? 147 00:05:27,567 --> 00:05:29,667 - Yes. - [Judge Levy] And as part of that DUI, 148 00:05:29,734 --> 00:05:30,800 the court suspended 149 00:05:30,867 --> 00:05:32,467 - your driving privileges, right? - Correct. 150 00:05:32,533 --> 00:05:33,800 [Judge Levy] So then if that was the case, 151 00:05:33,867 --> 00:05:35,400 if in fact that you didn't have a license, 152 00:05:35,467 --> 00:05:37,533 why was your girlfriend giving you a motorcycle for? 153 00:05:37,600 --> 00:05:39,166 Uh, I'm not even sure. 154 00:05:39,233 --> 00:05:41,933 - Well, is Juanita Chagolla your witness? - [Mike] Yeah. Yeah. 155 00:05:42,000 --> 00:05:43,867 Okay. Yeah. Well, I guess we can ask her in a little bit. 156 00:05:43,933 --> 00:05:47,133 All right. So, uh, when you post this bike for sale, 157 00:05:47,200 --> 00:05:50,266 you heard the plaintiff testify what it said, it wasn't running, 158 00:05:50,332 --> 00:05:53,033 it sat for about two years is what it said. 159 00:05:53,100 --> 00:05:55,300 Yes. That's because that's what the guy 160 00:05:55,367 --> 00:05:57,166 who sold it to my ex-girlfriend told her 161 00:05:57,233 --> 00:05:59,600 and I figured it would be something small, you know. 162 00:05:59,667 --> 00:06:01,600 I kind of know how to work on bikes as well. 163 00:06:01,667 --> 00:06:04,533 I just didn't have the time or money to do it at the time. 164 00:06:04,600 --> 00:06:08,367 Okay. You remember also including on the ad, 165 00:06:08,433 --> 00:06:10,367 - "No paperwork"? - Yes. 166 00:06:10,433 --> 00:06:11,533 [Judge Levy] You didn't hide that. 167 00:06:11,600 --> 00:06:12,667 No, I didn't. 168 00:06:12,734 --> 00:06:14,734 So no title, no pink slip, 169 00:06:14,800 --> 00:06:16,533 - no registration? - Yeah. 170 00:06:16,600 --> 00:06:19,100 Tell me about the conversation that you had with the plaintiff 171 00:06:19,166 --> 00:06:20,867 because I'm gonna tell you guys right now, 172 00:06:20,934 --> 00:06:22,100 the issue was whether or not 173 00:06:22,166 --> 00:06:24,200 you were a bona fide purchaser of this vehicle, 174 00:06:24,266 --> 00:06:26,200 whether you had any reason to believe 175 00:06:26,266 --> 00:06:27,767 that there was a problem with title. 176 00:06:27,834 --> 00:06:30,100 Because if you did, if you had reason to believe 177 00:06:30,166 --> 00:06:32,667 that it could have been stolen, you got problems. 178 00:06:32,734 --> 00:06:35,967 You fail to mention that the original ad 179 00:06:36,033 --> 00:06:38,567 that was posted said very clearly, "No paperwork." 180 00:06:38,633 --> 00:06:39,900 You remember that, right? 181 00:06:39,967 --> 00:06:41,300 I do. But on the bill of sale, 182 00:06:41,367 --> 00:06:43,033 he put his driver's license number. 183 00:06:43,100 --> 00:06:45,200 It's just saying if anything falls bad, 184 00:06:45,266 --> 00:06:47,233 this shows there's a track record of where you purchased it from. 185 00:06:47,300 --> 00:06:48,433 [Judge Levy] Well, this is the bill of sale. 186 00:06:48,500 --> 00:06:49,834 No amount. 187 00:06:49,900 --> 00:06:51,633 So stop calling it a bill of sale. 188 00:06:51,700 --> 00:06:52,967 There's also no way to indicate 189 00:06:53,033 --> 00:06:54,933 who the prior owners were on that bike. 190 00:06:55,000 --> 00:06:56,900 There's no way for DMV to know 191 00:06:56,967 --> 00:06:59,033 whether the person that you bought it from 192 00:06:59,100 --> 00:07:00,900 and the person that bought it from before them, 193 00:07:00,967 --> 00:07:03,200 it had a chain of custody, a chain of title. 194 00:07:03,266 --> 00:07:05,200 That right there is useless. 195 00:07:05,266 --> 00:07:08,600 But I--I've done--I've done this process before and we have… 196 00:07:08,667 --> 00:07:10,433 [Judge Levy] Which is exactly the problem, Mr. Jimenez. 197 00:07:10,500 --> 00:07:11,734 So you saw the ad. 198 00:07:11,800 --> 00:07:14,333 When you text him and said, "I'm interested. 199 00:07:14,400 --> 00:07:16,567 How about if I give you $700 cash?" 200 00:07:16,633 --> 00:07:18,533 Boom, right away, he said, "I'll take it." 201 00:07:18,600 --> 00:07:20,433 - Yeah. - [Judge Levy] Like within minutes, right? 202 00:07:20,500 --> 00:07:22,900 - Correct. - And then, you say to him, 203 00:07:22,967 --> 00:07:24,332 "Are you the original owner?" 204 00:07:24,400 --> 00:07:26,200 And he says to you, "No." 205 00:07:26,266 --> 00:07:28,166 And right away that same minute, 206 00:07:28,233 --> 00:07:30,367 you respond to him, "Okay. I'm on the way." 207 00:07:30,433 --> 00:07:33,066 Did you even care whether or not this bike was stolen or not? 208 00:07:33,133 --> 00:07:35,166 No. I go there to look at the VIN. 209 00:07:35,233 --> 00:07:38,567 I've--there's--back when we were doing it a lot, 210 00:07:38,633 --> 00:07:40,867 during school, we--countless of times, 211 00:07:40,933 --> 00:07:42,967 we've encountered bikes with VINs that were scratched 212 00:07:43,033 --> 00:07:45,700 and they say, you know, give me the whole runaround 213 00:07:45,767 --> 00:07:47,467 of, uh, it was their brother's or something, 214 00:07:47,533 --> 00:07:49,500 but that's what I go there for in person. 215 00:07:49,567 --> 00:07:52,000 I'm not, you know, confirming with him I'm gonna come pick it up. 216 00:07:52,066 --> 00:07:53,233 I'm gonna say, "I'm on the way." 217 00:07:53,300 --> 00:07:54,834 I checked it out. The VIN was clean. 218 00:07:54,900 --> 00:07:57,033 He wrote his license number down. 219 00:07:57,100 --> 00:07:59,467 Uh, it was--it was trustworthy. 220 00:07:59,533 --> 00:08:00,700 [Judge Levy] Okay. Thank you. 221 00:08:00,767 --> 00:08:02,266 - Judge Acker. - [Judge Acker] Thank you, Judge. 222 00:08:02,333 --> 00:08:05,867 May we have Juanita Chagolla, please? 223 00:08:05,934 --> 00:08:07,000 The chime witness. 224 00:08:08,467 --> 00:08:09,700 Ms. Chagolla, 225 00:08:09,767 --> 00:08:12,633 how do you know the defendant, Mr. Garcia? 226 00:08:12,700 --> 00:08:14,533 Oh. Mr. Garcia is my ex-boyfriend. 227 00:08:14,600 --> 00:08:16,667 [Judge Acker] And Mr. Garcia has testified 228 00:08:16,734 --> 00:08:19,767 that you in fact purchased the dirt bike 229 00:08:19,834 --> 00:08:23,467 that's at issue on or around November of 2023. 230 00:08:23,533 --> 00:08:25,934 - Do you recall that purchase? - Yes. 231 00:08:26,000 --> 00:08:27,533 [Judge Acker] How much did you pay for the bike? 232 00:08:27,600 --> 00:08:28,667 A thousand. 233 00:08:28,734 --> 00:08:30,600 [Judge Acker] I'd like you to describe for the court 234 00:08:30,667 --> 00:08:33,000 the circumstances that led you 235 00:08:33,066 --> 00:08:35,265 to buy the bike for Mr. Garcia. 236 00:08:35,332 --> 00:08:38,265 Um, we were just going through hard times 237 00:08:38,332 --> 00:08:40,033 and I was just trying to make him happy 238 00:08:40,100 --> 00:08:41,866 and so I decided to get him a bike, 239 00:08:41,933 --> 00:08:43,667 something that he's been wanting. 240 00:08:43,734 --> 00:08:44,934 So I got him a bike 241 00:08:45,000 --> 00:08:47,033 from some guy on Marketplace. 242 00:08:47,100 --> 00:08:49,700 And when you saw the ad for the bike, 243 00:08:49,767 --> 00:08:52,300 did you do anything to check it out, 244 00:08:52,367 --> 00:08:53,500 make sure it was working, 245 00:08:53,567 --> 00:08:54,900 make sure the title was clean? 246 00:08:54,967 --> 00:08:56,033 What'd you do? 247 00:08:56,100 --> 00:08:57,165 No, I just went. 248 00:08:57,233 --> 00:09:00,233 I met the guy and I looked at it, at the bike, 249 00:09:00,300 --> 00:09:02,333 and he told me that it was a quick fix, 250 00:09:02,400 --> 00:09:04,533 nothing too expensive. 251 00:09:04,600 --> 00:09:06,367 And I told him I didn't have a truck 252 00:09:06,433 --> 00:09:08,233 and it was a surprise for Mike, 253 00:09:08,300 --> 00:09:10,867 so if he would be able to bring it to me. 254 00:09:10,934 --> 00:09:12,233 He said he'd bring it to my house. 255 00:09:12,300 --> 00:09:14,600 - And… - Did you ask him for any documents? 256 00:09:14,667 --> 00:09:17,333 Uh, he wrote me a paper with his name 257 00:09:17,400 --> 00:09:18,734 and his ID number, 258 00:09:18,800 --> 00:09:20,533 and showed me his ID number. 259 00:09:20,600 --> 00:09:22,633 He said he would get me the pink slip. 260 00:09:22,700 --> 00:09:25,033 He would contact me in about a week to give it to me 261 00:09:25,100 --> 00:09:26,367 and he never contacted me. 262 00:09:26,433 --> 00:09:28,834 So I called him about two weeks later. He didn't answer. 263 00:09:28,900 --> 00:09:31,533 And then when Mike decided to sell the bike, 264 00:09:31,600 --> 00:09:33,667 the guy's number was disconnected. 265 00:09:33,734 --> 00:09:36,133 Why did you buy a bike 266 00:09:36,200 --> 00:09:38,066 knowing that he didn't have a driver's license? 267 00:09:38,133 --> 00:09:40,367 Because I have to assume, if you were dating, 268 00:09:40,433 --> 00:09:42,033 you knew about the DUI, 269 00:09:42,100 --> 00:09:43,967 you knew his license was suspended. 270 00:09:44,033 --> 00:09:45,367 Why this gift? 271 00:09:45,433 --> 00:09:46,533 Well, I didn't know 272 00:09:46,600 --> 00:09:49,000 that he needed a license to drive a bike. 273 00:09:49,066 --> 00:09:51,066 So Mr. Garcia, 274 00:09:51,133 --> 00:09:54,567 - you sold it to the plaintiff for $700? - Correct. 275 00:09:54,633 --> 00:09:57,967 Why were you willing to take a $300 loss on it? 276 00:09:59,633 --> 00:10:02,367 [announcer] Coming up on Tribunal Justice. 277 00:10:02,433 --> 00:10:03,600 Why would I have 'em come to my house 278 00:10:03,667 --> 00:10:04,800 where I lay my head at, 279 00:10:04,867 --> 00:10:06,300 put my name on a bill of sale? 280 00:10:06,367 --> 00:10:08,333 [Judge DiMango] I've been on the bench a lot of years. 281 00:10:08,400 --> 00:10:10,667 I could tell you the things that people do 282 00:10:10,734 --> 00:10:12,834 that would shock the hell outta you. 283 00:10:12,900 --> 00:10:14,333 [dramatic musical sting] 284 00:10:16,266 --> 00:10:17,934 [theme music plays] 285 00:10:18,000 --> 00:10:22,033 [announcer] Isaiah Jimenez is suing Mike Garcia for $1,400, 286 00:10:22,100 --> 00:10:23,834 claiming the dirt bike Mike sold him 287 00:10:23,900 --> 00:10:26,367 was repossessed by its proper owner. 288 00:10:26,433 --> 00:10:29,533 But Mike says the bike was a gift from his girlfriend 289 00:10:29,600 --> 00:10:31,767 and he didn't know that it was stolen. 290 00:10:31,834 --> 00:10:34,800 Mr. Garcia, you sold it to the plaintiff 291 00:10:34,867 --> 00:10:36,667 - for $700? - Correct. 292 00:10:36,734 --> 00:10:39,667 [Judge Acker] Why were you willing to take a $300 loss on it? 293 00:10:39,734 --> 00:10:41,333 I mean, I didn't even buy the bike anyways. 294 00:10:41,400 --> 00:10:42,734 You're like, "I don't care. It's no…" 295 00:10:42,800 --> 00:10:44,066 - [Mike] I could have gave him… - "… skin off my back." 296 00:10:44,133 --> 00:10:45,200 - … $500. It was… - [Judge Acker] You're like, 297 00:10:45,266 --> 00:10:47,600 "My now soon-to-be ex-girlfriend gave it to me 298 00:10:47,667 --> 00:10:48,834 and I need some money." 299 00:10:48,900 --> 00:10:50,000 I have to tell you, 300 00:10:50,066 --> 00:10:53,233 I don't find anything terribly suspicious about that. 301 00:10:53,300 --> 00:10:56,300 Can I? So, uh, on the message I had 302 00:10:56,367 --> 00:10:57,834 when I reached out back to him, 303 00:10:57,900 --> 00:11:00,700 you can see in the account or the message, 304 00:11:00,767 --> 00:11:02,300 you can see that his account was deleted 305 00:11:02,367 --> 00:11:03,667 and he also didn't respond 306 00:11:03,734 --> 00:11:05,867 - to all of my messages, so. - [Judge Acker] Hmm. 307 00:11:05,934 --> 00:11:08,934 I mean, did he delete his entire account or did he just delete 308 00:11:09,000 --> 00:11:10,066 - the market that it's at? - [Mike] No. I think what happened was 309 00:11:10,133 --> 00:11:12,033 he probably, uh--what is it? 310 00:11:12,100 --> 00:11:14,467 Like, you could do it on Facebook too where you report something, 311 00:11:14,533 --> 00:11:16,967 because by the time I went back on to the offer up, 312 00:11:17,033 --> 00:11:18,533 the account was, like it was deleted 313 00:11:18,600 --> 00:11:19,900 but not by me, you know, 314 00:11:19,967 --> 00:11:21,533 like maybe it was reported. 315 00:11:21,600 --> 00:11:22,667 - [Judge Acker] Well, if there's a… - I don't know. 316 00:11:22,734 --> 00:11:25,033 … a report that the property's stolen, 317 00:11:25,100 --> 00:11:26,600 then the platform itself may have… 318 00:11:26,667 --> 00:11:27,734 - Yeah. - [Judge Acker] … just removed the ad. 319 00:11:27,800 --> 00:11:29,500 Like the username wasn't there, nothing was there. 320 00:11:29,567 --> 00:11:31,734 - That either… - Yeah, I think it's really unfortunate. 321 00:11:31,800 --> 00:11:34,667 I have too many unanswered questions to draw conclusions 322 00:11:34,734 --> 00:11:38,033 that have any reasonable good faith basis to my mind… 323 00:11:38,100 --> 00:11:39,233 - Yeah. - … that he stole it. 324 00:11:39,300 --> 00:11:42,200 I don't know if she had a reason to believe it was stolen. 325 00:11:42,266 --> 00:11:45,165 I don't know if you had a reason to believe it was stolen. 326 00:11:45,233 --> 00:11:47,367 But how many of these dirt bikes 327 00:11:47,433 --> 00:11:49,000 have you purchased in the past? 328 00:11:49,066 --> 00:11:52,734 Uh, probably like 150, like 200. 329 00:11:52,800 --> 00:11:53,867 [Judge Acker] 150 or… 330 00:11:53,934 --> 00:11:56,800 You've, like, flipped 150 or 200 of these bikes? 331 00:11:56,867 --> 00:11:57,967 Probably like 200. 332 00:11:58,033 --> 00:12:00,200 So let's say I believe that, 333 00:12:00,266 --> 00:12:01,467 you didn't have any reason 334 00:12:01,533 --> 00:12:03,400 - to think that it was stolen. - Yeah. 335 00:12:03,467 --> 00:12:05,834 [Judge Acker] You know, maybe you're just an innocent purchaser. 336 00:12:05,900 --> 00:12:07,233 How are you going to prove 337 00:12:07,300 --> 00:12:10,500 that he either stole it or knew that it was stolen 338 00:12:10,567 --> 00:12:13,533 or had a good faith basis for believing it was stolen? 339 00:12:13,600 --> 00:12:16,633 Yeah. No, no, I don't think any of us can really prove that but… 340 00:12:16,700 --> 00:12:17,834 But you have to prove it. 341 00:12:17,900 --> 00:12:19,667 - If you want your money back from him… - Yeah. 342 00:12:19,734 --> 00:12:21,767 … you've gotta prove to us 343 00:12:21,834 --> 00:12:25,100 that he had some basis for knowing it was stolen… 344 00:12:25,166 --> 00:12:26,433 - [Isaiah] Right. - … or that he stole it. 345 00:12:26,500 --> 00:12:28,166 I mean, the fact of the matter is, 346 00:12:28,233 --> 00:12:30,333 he sold me stolen property. 347 00:12:30,400 --> 00:12:32,300 [Judge Acker] But if he didn't know that it was stolen, 348 00:12:32,367 --> 00:12:34,333 then you might be out of luck. Judge DiMango. 349 00:12:34,400 --> 00:12:35,600 [Judge DiMango] Well, I'm gonna say this. 350 00:12:35,667 --> 00:12:38,400 You have a burden of proof, and it's not a humongous burden. 351 00:12:38,467 --> 00:12:40,834 It's 51%. It's just a tipping of the scale. 352 00:12:40,900 --> 00:12:43,200 So I just wanna put that out there for you. 353 00:12:43,266 --> 00:12:44,867 You, it's more important that you know 354 00:12:44,934 --> 00:12:46,266 a circumstantial evidence case 355 00:12:46,333 --> 00:12:47,467 is what this is about. 356 00:12:47,533 --> 00:12:49,467 And circumstantially, I could find, 357 00:12:49,533 --> 00:12:52,400 or we could find, that indeed the evidence 358 00:12:52,467 --> 00:12:54,433 was such that you reasonably should've known 359 00:12:54,500 --> 00:12:55,800 that this bike was stolen. 360 00:12:55,867 --> 00:12:57,467 So I'd like the witness back up here, 361 00:12:57,533 --> 00:12:59,165 because if anybody was duped here, 362 00:12:59,233 --> 00:13:01,000 maybe it was you. 363 00:13:01,066 --> 00:13:04,166 You met a couple of years ago before this incident, is that correct? 364 00:13:04,233 --> 00:13:06,600 Uh, we were together for about two years. 365 00:13:06,667 --> 00:13:08,767 [Judge DiMango] And you were having issues, 366 00:13:08,834 --> 00:13:10,600 - according to you? - [Juanita] Yes. 367 00:13:10,667 --> 00:13:11,734 Well, what would make you think 368 00:13:11,800 --> 00:13:13,433 he really, really wanted a dirt bike? 369 00:13:14,066 --> 00:13:16,166 I've seen him a couple of times looking for a bike. 370 00:13:16,233 --> 00:13:18,266 So I was like, "Maybe this will make him happy." 371 00:13:18,333 --> 00:13:21,000 So, were you looking for a bike at some point? 372 00:13:21,066 --> 00:13:22,600 I mean, did you have an interest in these bikes? 373 00:13:22,667 --> 00:13:24,700 - Because, I mean, she's not crazy. - I'm just like him. 374 00:13:24,767 --> 00:13:27,367 I--I've--I try to look for a good deal too. 375 00:13:27,433 --> 00:13:29,700 Uh, this wouldn't have been my first bike. 376 00:13:29,767 --> 00:13:31,734 I've had, like, 10 bikes, 377 00:13:31,800 --> 00:13:33,433 and none of them were stolen. 378 00:13:33,500 --> 00:13:35,400 So when he makes a phone call to you, 379 00:13:35,467 --> 00:13:38,400 why would you drop the price $300? 380 00:13:38,467 --> 00:13:40,567 I mean, I didn't think it's a significant drop, you know? 381 00:13:40,633 --> 00:13:42,367 - I mean… - You got $300 to throw away? 382 00:13:43,200 --> 00:13:44,734 No, huh? Okay. 383 00:13:44,800 --> 00:13:46,433 Did you ask her how she got the bike? 384 00:13:46,500 --> 00:13:47,567 - Yes. - [Juanita] Yes, he did. 385 00:13:47,633 --> 00:13:50,066 You didn't have a means of picking the bike up yourself, did you? 386 00:13:50,133 --> 00:13:51,800 You don't have a truck to put it on, right? 387 00:13:51,867 --> 00:13:53,533 No, the guy I met, he brought it to the house. 388 00:13:53,600 --> 00:13:55,300 [Judge DiMango] Exactly. He brought it to you. 389 00:13:55,367 --> 00:13:56,767 So you don't know where he lived. 390 00:13:56,834 --> 00:13:58,333 Really, you didn't know anything about him 391 00:13:58,400 --> 00:14:00,166 other than what was on the piece of paper. 392 00:14:00,233 --> 00:14:02,333 Did you ask her where the pink slip was? 393 00:14:02,400 --> 00:14:04,133 Hmm, I think she had told me 394 00:14:04,200 --> 00:14:05,266 that the guy was gonna get it. 395 00:14:05,333 --> 00:14:06,400 [Judge DiMango] He was gonna get it. 396 00:14:06,467 --> 00:14:08,033 So now you know, 397 00:14:08,100 --> 00:14:09,500 he didn't come through with the pink slip. 398 00:14:09,567 --> 00:14:10,867 You can't reach him. 399 00:14:10,934 --> 00:14:13,400 You got a bike sitting in your garage for a month. 400 00:14:13,467 --> 00:14:16,367 I believe at this point that you knew 401 00:14:16,433 --> 00:14:17,667 that bike was stolen, 402 00:14:17,734 --> 00:14:19,900 and that's why when you got the call from him, 403 00:14:19,967 --> 00:14:21,367 you wanted to get rid of it. 404 00:14:21,433 --> 00:14:23,533 You didn't steal it. She didn't steal it. 405 00:14:23,600 --> 00:14:24,700 But when you sold it, 406 00:14:24,767 --> 00:14:26,133 - I think you knew… - I don't think so. 407 00:14:26,200 --> 00:14:27,467 … that it was--I don't think so. 408 00:14:27,533 --> 00:14:28,934 - Why would I… - Can you step up? What? 409 00:14:29,000 --> 00:14:30,433 Why would I have him come to my house 410 00:14:30,500 --> 00:14:32,333 where I lay my head at, you know? 411 00:14:32,400 --> 00:14:33,834 - Put my name… - [Judge DiMango] Hey, listen. 412 00:14:33,900 --> 00:14:35,033 … my signature on a--on a bill of sale? 413 00:14:35,100 --> 00:14:36,834 I've been on the bench a lot of years. 414 00:14:36,900 --> 00:14:39,100 I can tell you the things that people do 415 00:14:39,165 --> 00:14:41,667 that would shock the hell outta you. 416 00:14:41,734 --> 00:14:43,567 This is peanuts 417 00:14:43,633 --> 00:14:45,333 compared to what people do. 418 00:14:45,400 --> 00:14:46,633 - What is your name? - Ryan. 419 00:14:46,700 --> 00:14:47,767 [Judge DiMango] Ryan, what's your last name? 420 00:14:47,834 --> 00:14:48,900 Souza. Ryan Souza. 421 00:14:48,967 --> 00:14:51,000 [Judge DiMango] Are you his cohort in business here? 422 00:14:51,066 --> 00:14:53,567 - Yes, that's correct. - And do you have anything to add to this? 423 00:14:53,633 --> 00:14:55,633 [Ryan] Yeah, so Isaiah called me. He was showing the bike at his house. 424 00:14:55,700 --> 00:14:57,834 "Hey, somebody's, um, stealing my bike 425 00:14:57,900 --> 00:14:59,800 out of my front yard right now that I'm trying to sell." 426 00:14:59,867 --> 00:15:01,567 Um, so I just--I ran to the house barefoot. 427 00:15:01,633 --> 00:15:02,867 I'm like, okay, like… 428 00:15:02,934 --> 00:15:04,200 [Judge DiMango] Did you go after the guy? 429 00:15:04,266 --> 00:15:05,734 You flash your lights? Did you honk your horn? 430 00:15:05,800 --> 00:15:06,867 - Did you find him? - Yeah. 431 00:15:06,934 --> 00:15:08,600 So Isaiah kinda knew where he came from, 432 00:15:08,667 --> 00:15:09,967 uh, based off his Facebook profile. 433 00:15:10,033 --> 00:15:11,500 Um, he knew he came from Corona. 434 00:15:11,567 --> 00:15:12,834 So I just made an educated guess. 435 00:15:12,900 --> 00:15:14,300 I drove down to the freeway 436 00:15:14,367 --> 00:15:15,934 towards Corona just hoping I'd find him. 437 00:15:16,000 --> 00:15:17,867 - [Judge DiMango] And? - About 20 minutes later, I found the guy. 438 00:15:17,934 --> 00:15:19,967 I followed him home, and I basically just asked him, 439 00:15:20,033 --> 00:15:21,633 "Hey, what's going on? 440 00:15:21,700 --> 00:15:24,200 Like, can I see the title just to verify what's going on?" 441 00:15:24,266 --> 00:15:25,633 Um, I looked at the title. 442 00:15:25,700 --> 00:15:26,900 It was that bike. 443 00:15:26,967 --> 00:15:28,400 [Judge DiMango] It was that bike. It was him. It was… 444 00:15:28,467 --> 00:15:29,867 It was him, yes. So it had the VIN. It was… 445 00:15:29,934 --> 00:15:31,200 - Everything there? - Everything was fine, yeah. 446 00:15:31,266 --> 00:15:32,333 So that was the pink slip for that. 447 00:15:32,400 --> 00:15:35,066 So the thief--the second thief was really not a thief. 448 00:15:35,133 --> 00:15:36,200 - He was the… - [Ryan] That's correct, yeah. 449 00:15:36,266 --> 00:15:37,367 - He was the rightful owner. - Uh-hmm. 450 00:15:37,433 --> 00:15:38,633 And you found him. That's pretty good. 451 00:15:38,700 --> 00:15:39,767 - You should be a detective. - [Ryan laughs] Yeah. 452 00:15:39,834 --> 00:15:40,934 - Thank you very much. - Thank you. 453 00:15:41,000 --> 00:15:42,500 [Judge DiMango] I think that I've asked enough 454 00:15:42,567 --> 00:15:44,533 for my purposes. Thank you. 455 00:15:44,600 --> 00:15:46,533 [Judge Levy] Mr. Jimenez, here's the problem. 456 00:15:46,600 --> 00:15:47,734 You're here telling us, 457 00:15:47,800 --> 00:15:50,900 - "Hey, I got duped," right? - Yeah. 458 00:15:50,967 --> 00:15:52,400 [Judge Levy] Why not call the police? 459 00:15:52,467 --> 00:15:53,567 I--so I did call the police. 460 00:15:53,633 --> 00:15:54,700 Show me. 461 00:15:54,767 --> 00:15:56,033 Show me a police report. 462 00:15:56,100 --> 00:15:58,300 Right. So I called the highway patrol that morning, 463 00:15:58,367 --> 00:16:00,734 and they told me, since it's a small claims, 464 00:16:00,800 --> 00:16:02,467 I would have to go down to the local courthouse. 465 00:16:02,533 --> 00:16:05,133 BS. You call the police 466 00:16:05,200 --> 00:16:07,633 and say that someone sold me a stolen bike. 467 00:16:07,700 --> 00:16:09,633 Do they tell you go to a small claims court? 468 00:16:10,266 --> 00:16:11,700 You have to make a police report for a stolen… 469 00:16:11,767 --> 00:16:13,433 - [Judge Levy] You gotta make--exactly. - … for a stolen thing. 470 00:16:13,500 --> 00:16:14,633 You make a police report 'cause you know 471 00:16:14,700 --> 00:16:16,834 what the police wanna stop people from doing? 472 00:16:16,900 --> 00:16:19,200 Stealing people's property 473 00:16:19,266 --> 00:16:22,233 - and selling it on Facebook Marketplace. - Right. 474 00:16:22,300 --> 00:16:24,867 "And I want my money back from him, 475 00:16:24,934 --> 00:16:27,367 but I wanna report him for a crime." 476 00:16:27,433 --> 00:16:30,100 That's what an innocent person would have done. 477 00:16:30,166 --> 00:16:31,500 That's not what you did. 478 00:16:31,567 --> 00:16:33,500 And you know what the beautiful part is? 479 00:16:33,567 --> 00:16:35,767 We don't have to figure out the truth, 480 00:16:35,834 --> 00:16:37,233 because it's your burden. 481 00:16:37,300 --> 00:16:39,867 What we know is, you bought a bike, 482 00:16:39,934 --> 00:16:41,900 you got a super-great deal on it. 483 00:16:41,967 --> 00:16:43,667 You knew it had no paperwork, 484 00:16:43,734 --> 00:16:46,633 no pink slip, no registration, no nothing. 485 00:16:46,700 --> 00:16:47,967 Before you got the bike, 486 00:16:48,033 --> 00:16:49,400 you asked him if he was the original owner, 487 00:16:49,467 --> 00:16:52,367 - and he said no, right? - Correct. 488 00:16:52,433 --> 00:16:55,233 Then why is it that when you filled out the original paperwork 489 00:16:55,300 --> 00:16:57,700 in small claims court, you said, 490 00:16:57,767 --> 00:16:59,767 "The defendant owes me $1,400, 491 00:16:59,834 --> 00:17:03,000 purchased dirt bike for $700 from defendant 492 00:17:03,066 --> 00:17:05,333 claiming to be original owner." 493 00:17:05,400 --> 00:17:07,300 Explain it. 494 00:17:07,367 --> 00:17:08,599 You know, I was… 495 00:17:10,599 --> 00:17:12,266 [Judge Levy] Any objective person 496 00:17:12,333 --> 00:17:13,700 under these circumstances 497 00:17:13,767 --> 00:17:16,032 would have seen red flags everywhere. 498 00:17:16,099 --> 00:17:19,032 And if you were in fact, just duped, 499 00:17:19,099 --> 00:17:20,333 then at the very least, 500 00:17:20,400 --> 00:17:22,700 you'd have called the cops and reported him. 501 00:17:22,767 --> 00:17:25,266 And the fact that you didn't suggests to me 502 00:17:25,333 --> 00:17:27,700 is 'cause you knew that you purchased stolen property. 503 00:17:27,767 --> 00:17:30,867 It means that you're not a bona fide purchaser, in my opinion. 504 00:17:30,934 --> 00:17:32,600 - I'll speak to my colleagues. - I just need to know 505 00:17:32,667 --> 00:17:34,533 what did the police officer say to you? 506 00:17:34,600 --> 00:17:36,800 So I first called the city police, 507 00:17:36,867 --> 00:17:39,133 and she was like, "This is not an emergency." 508 00:17:39,200 --> 00:17:40,734 And so I said, "Okay." 509 00:17:40,800 --> 00:17:42,033 So I called the highway patrol, 510 00:17:42,100 --> 00:17:43,934 and the lady on the phone said-- 511 00:17:44,000 --> 00:17:45,100 uh, I explained it all to her. 512 00:17:45,166 --> 00:17:46,467 She listened to the whole story, and she said, 513 00:17:46,533 --> 00:17:49,333 "Hey, you go down to the court, file small claims." 514 00:17:49,400 --> 00:17:51,600 I went, filed it and, uh, yeah. 515 00:17:51,667 --> 00:17:53,467 - All right. Thank you very much. - Yeah. 516 00:17:53,533 --> 00:17:54,667 [Cassandra] Court is now in recess. 517 00:17:54,734 --> 00:17:56,433 All parties will be recalled. 518 00:17:57,700 --> 00:18:00,400 [announcer] Coming up on Tribunal Justice. 519 00:18:00,467 --> 00:18:03,200 So was the plaintiff a bona fide purchaser for value? 520 00:18:03,266 --> 00:18:04,333 I don't think he was. 521 00:18:04,400 --> 00:18:06,533 Plaintiff bought stolen property, 522 00:18:06,600 --> 00:18:09,033 and I think he's met his burden by 51%. 523 00:18:09,100 --> 00:18:11,100 He may not be a bona fide purchaser. 524 00:18:11,166 --> 00:18:12,300 I just don't know. 525 00:18:12,367 --> 00:18:13,734 [dramatic musical sting] 526 00:18:15,500 --> 00:18:17,533 [dramatic musical sting] 527 00:18:17,600 --> 00:18:21,033 All right. So was the plaintiff a bona fide purchaser for value? 528 00:18:21,100 --> 00:18:22,400 I don't think he was. 529 00:18:22,467 --> 00:18:23,967 He knew he was buying this bike 530 00:18:24,033 --> 00:18:25,900 without any paperwork whatsoever. 531 00:18:25,967 --> 00:18:27,934 He was told by the defendant 532 00:18:28,000 --> 00:18:30,066 that the defendant was not the original owner. 533 00:18:30,133 --> 00:18:32,867 The defendant quickly accepted a cash offer 534 00:18:32,934 --> 00:18:36,266 of $700 for a bike valued at $2,000. 535 00:18:36,333 --> 00:18:38,867 When the plaintiff ended up fixing up the bike 536 00:18:38,934 --> 00:18:42,200 and then trying to resell it, the true owners came and took the bike. 537 00:18:42,266 --> 00:18:45,533 Someone who was innocent of any wrongdoing 538 00:18:45,600 --> 00:18:47,467 would have filed a police report. 539 00:18:47,533 --> 00:18:49,000 But instead, the plaintiff did none of that. 540 00:18:49,066 --> 00:18:52,734 And as a result, I feel that he failed to meet his burden. 541 00:18:52,800 --> 00:18:54,066 You know, in fairness, Adam, 542 00:18:54,133 --> 00:18:55,500 it's funny I was thinking like, 543 00:18:55,567 --> 00:18:57,800 well, maybe there's a sort of casualness 544 00:18:57,867 --> 00:18:59,266 to these transactions. 545 00:18:59,333 --> 00:19:00,800 You know, he checked the VIN. 546 00:19:00,867 --> 00:19:03,967 I will say, I don't find it incredible 547 00:19:04,033 --> 00:19:05,567 that he calls to make a police report 548 00:19:05,633 --> 00:19:07,533 and they're like, "Uh, don't worry about it. 549 00:19:07,600 --> 00:19:08,800 Like, you gotta go to small claims." 550 00:19:08,867 --> 00:19:09,934 That's a--you know, 551 00:19:10,000 --> 00:19:12,400 I think that that might have happened, 552 00:19:12,467 --> 00:19:13,734 but I just don't know. 553 00:19:13,800 --> 00:19:15,834 He may not be a bona fide purchaser. 554 00:19:15,900 --> 00:19:18,066 The defendant may have had some reason, 555 00:19:18,133 --> 00:19:20,533 but I just am not at that 51%. 556 00:19:20,600 --> 00:19:22,867 I don't think that I've been convinced of anything frankly, 557 00:19:22,934 --> 00:19:24,300 so I'd have to dismiss. 558 00:19:24,367 --> 00:19:27,033 I found him credible with regard to his call to the police. 559 00:19:27,100 --> 00:19:28,300 He made two phone calls. 560 00:19:28,367 --> 00:19:29,867 I think he got the runaround like you get. 561 00:19:29,934 --> 00:19:31,934 I mean, I've had a burglary, and I made a phone call, 562 00:19:32,000 --> 00:19:33,133 And they were like, "Well, I don't know. 563 00:19:33,200 --> 00:19:34,333 We'll see--well, we'll see what the sergeant says." 564 00:19:34,400 --> 00:19:35,567 And they never get back to you. 565 00:19:35,633 --> 00:19:37,266 I took him--it's credible. 566 00:19:37,333 --> 00:19:39,734 Now I'm more with you on the line of, 567 00:19:39,800 --> 00:19:41,500 it has to be that the defendant knew 568 00:19:41,567 --> 00:19:43,066 he was selling the stolen property, 569 00:19:43,133 --> 00:19:45,900 and so to that extent, I think I'm 51%. 570 00:19:45,967 --> 00:19:49,633 I think that he got this bike from her as a gift 571 00:19:49,700 --> 00:19:52,367 and as the situation unfolded, 572 00:19:52,433 --> 00:19:54,433 I think he thought something was up. 573 00:19:54,500 --> 00:19:56,333 I think that's why he left it for a month 574 00:19:56,400 --> 00:19:57,967 to see if anything happened. 575 00:19:58,033 --> 00:19:59,367 He knew she didn't have the pink slip. 576 00:19:59,433 --> 00:20:00,600 He knew the guy went to the house 577 00:20:00,667 --> 00:20:02,000 to bring her the bike. 578 00:20:02,066 --> 00:20:04,033 She represented to him that the buyer said 579 00:20:04,100 --> 00:20:05,533 he was gonna get a pink slip to her. 580 00:20:05,600 --> 00:20:07,433 He never got the pink slip to her. 581 00:20:07,500 --> 00:20:09,066 So I think he was on notice 582 00:20:09,133 --> 00:20:11,166 of a lot of things that didn't sit right 583 00:20:11,233 --> 00:20:13,133 and any shrewd purchaser would have said, 584 00:20:13,200 --> 00:20:14,567 "There's something wrong with this bike. 585 00:20:14,633 --> 00:20:15,700 I'm getting rid of it." 586 00:20:15,767 --> 00:20:17,433 And he sold it, and he said, "You know what? 587 00:20:17,500 --> 00:20:18,834 I'm gonna get whatever I can for it." 588 00:20:18,900 --> 00:20:21,233 The guy wanted it, 700 he said he'd pay, 589 00:20:21,300 --> 00:20:22,367 he gave it over. 590 00:20:22,433 --> 00:20:25,600 And I think that the plaintiff bought stolen property, 591 00:20:25,667 --> 00:20:26,767 which is what he's saying, 592 00:20:26,834 --> 00:20:28,233 and he wanted his money back. 593 00:20:28,300 --> 00:20:29,600 So it would be my inclination 594 00:20:29,667 --> 00:20:31,233 to return the $700. 595 00:20:31,300 --> 00:20:33,233 The problem with the analysis is that 596 00:20:33,300 --> 00:20:35,133 it makes absolutely no difference 597 00:20:35,200 --> 00:20:37,400 whether or not the defendant stole the property or not. 598 00:20:37,467 --> 00:20:38,967 It's all about the plaintiff. 599 00:20:39,033 --> 00:20:41,467 And based upon what we know that the plaintiff did, 600 00:20:41,533 --> 00:20:43,667 someone who's involved in the trade 601 00:20:43,734 --> 00:20:46,000 of buying and selling these dirt bikes, 602 00:20:46,066 --> 00:20:47,567 he fails to establish 603 00:20:47,633 --> 00:20:49,800 that he is a bona fide purchaser, 604 00:20:49,867 --> 00:20:52,633 because there were red flags on this purchase 605 00:20:52,700 --> 00:20:54,800 from the defendant from the get-go. 606 00:20:54,867 --> 00:20:57,033 Yeah, but even the defendant and his girlfriend didn't think 607 00:20:57,100 --> 00:20:59,467 that there were red flags, and they were in the same circumstance. 608 00:20:59,533 --> 00:21:01,233 He bought a bike, the price was reasonable… 609 00:21:01,300 --> 00:21:02,967 - [Judge Levy] Who, defendant? - No, no, no, but remember, 610 00:21:03,033 --> 00:21:04,600 - the defendant bought nothing. - Right, the girlfriend. 611 00:21:04,667 --> 00:21:07,233 That's actually why I find him credible. 612 00:21:07,300 --> 00:21:10,233 I don't think he was giving two thoughts about this bike. 613 00:21:10,300 --> 00:21:12,400 It's a gift from an ex-girlfriend around Christmas. 614 00:21:12,467 --> 00:21:13,533 - Let me sell it. - But if… 615 00:21:13,600 --> 00:21:15,500 - I buy that--I'd buy that. - [Judge DiMango] But if we're gonna buy 616 00:21:15,567 --> 00:21:18,133 the position that the defendant didn't know it was stolen, 617 00:21:18,200 --> 00:21:20,300 based on all of the things I just said, 618 00:21:20,367 --> 00:21:23,233 which were the same exact things that the plaintiff saw, 619 00:21:23,300 --> 00:21:25,367 then why would we say the plaintiff knew anything? 620 00:21:25,433 --> 00:21:26,734 Because the plaintiff is suing them. 621 00:21:26,800 --> 00:21:29,467 The plaintiff is the one who has to prove 622 00:21:29,533 --> 00:21:30,867 that he's a bona fide purchaser. 623 00:21:30,934 --> 00:21:32,100 And based on that, I think 624 00:21:32,166 --> 00:21:34,467 - he's met his burden by 51%. - Okay. 625 00:21:34,533 --> 00:21:36,200 - Yeah, I'm gonna join Adam. - Okay. 626 00:21:36,266 --> 00:21:37,934 - I just don't think he's met his burden. - Okay. 627 00:21:38,000 --> 00:21:40,300 I don't think he's shady. I just don't think he's met his burden. 628 00:21:40,367 --> 00:21:41,467 Okay. 629 00:21:41,533 --> 00:21:43,900 [dramatic musical sting] 630 00:21:45,266 --> 00:21:46,600 Court is back in session. 631 00:21:46,667 --> 00:21:49,133 All parties are reminded that you're still under oath. 632 00:21:49,200 --> 00:21:50,266 Thank you, Cassandra. 633 00:21:50,333 --> 00:21:52,567 All right, Mr. Jimenez and Mr. Garcia, 634 00:21:52,633 --> 00:21:54,233 we've had a chance to deliberate. 635 00:21:54,300 --> 00:21:56,100 We do not have a unanimous verdict. 636 00:21:56,166 --> 00:21:58,433 Judge Acker and I are in the majority, 637 00:21:58,500 --> 00:22:00,867 and Judge DiMango is in the dissent. 638 00:22:00,934 --> 00:22:03,767 It is her position that you were in fact, sir, 639 00:22:03,834 --> 00:22:05,667 a bona fide purchaser for value, 640 00:22:05,734 --> 00:22:07,934 that you had no reason to believe 641 00:22:08,000 --> 00:22:09,900 that the bike was stolen, 642 00:22:09,967 --> 00:22:12,700 or that you had either knowledge or constructive knowledge 643 00:22:12,767 --> 00:22:14,367 that the bike was stolen. 644 00:22:14,433 --> 00:22:15,967 That's her position. And as a result, 645 00:22:16,033 --> 00:22:18,266 she would've awarded you $700 646 00:22:18,333 --> 00:22:20,400 as a reimbursement from the defendant. 647 00:22:20,467 --> 00:22:22,233 Unfortunately, she's in the dissent. 648 00:22:22,300 --> 00:22:23,400 Judge Acker and I believe 649 00:22:23,467 --> 00:22:25,633 that you were not a bona fide purchaser. 650 00:22:25,700 --> 00:22:29,333 Someone who sold and bought bikes 100 or 150 times 651 00:22:29,400 --> 00:22:32,934 should've seen red flags all over the place with this sale. 652 00:22:33,533 --> 00:22:35,533 The original ad on the bike 653 00:22:35,600 --> 00:22:38,433 said very clearly, "No paperwork." 654 00:22:38,500 --> 00:22:41,033 He told you he was not the original owner. 655 00:22:41,100 --> 00:22:42,700 You bought a bike for $700 656 00:22:42,767 --> 00:22:44,967 that he very quickly agreed to knock down the price, 657 00:22:45,033 --> 00:22:47,433 knowing it was valued at over $2,000. 658 00:22:47,500 --> 00:22:49,000 And the fact that when you filed 659 00:22:49,066 --> 00:22:50,667 your original paperwork with the court, 660 00:22:50,734 --> 00:22:52,633 you said something completely different, 661 00:22:52,700 --> 00:22:55,100 that he told you that he was the original owner. 662 00:22:55,166 --> 00:22:57,333 Red flag after red flag. 663 00:22:57,400 --> 00:22:59,066 The law wants people to make sure 664 00:22:59,133 --> 00:23:02,066 that when they purchase items that they're not stolen, 665 00:23:02,133 --> 00:23:04,533 that you don't become an unknowing fence. 666 00:23:04,600 --> 00:23:07,767 And that's the reason why the law says what the law says. 667 00:23:07,834 --> 00:23:10,667 Bona fide purchaser criteria, you fail to meet, 668 00:23:10,734 --> 00:23:13,266 and that's the reason why the majority decision in this case 669 00:23:13,333 --> 00:23:14,934 is that your small claims case 670 00:23:15,000 --> 00:23:16,600 against the defendant is dismissed. 671 00:23:16,667 --> 00:23:17,734 - Thank you. - [gavel bangs] 672 00:23:17,800 --> 00:23:19,066 [Cassandra] This case has concluded. 673 00:23:19,133 --> 00:23:21,166 All parties are dismissed. 674 00:23:21,233 --> 00:23:24,333 [theme music plays] 675 00:23:26,000 --> 00:23:27,367 Uh, I think it's crazy 676 00:23:27,433 --> 00:23:29,367 how you can sell stolen property 677 00:23:29,433 --> 00:23:31,500 and not be liable for any of it. 678 00:23:31,567 --> 00:23:33,066 If I did, I didn't know. 679 00:23:33,133 --> 00:23:34,600 I put all this time, work, money, 680 00:23:34,667 --> 00:23:36,266 and now these people come to my parents' house 681 00:23:36,333 --> 00:23:38,433 and just rob me in broad daylight. 682 00:23:38,500 --> 00:23:39,633 We all took a loss, I think, 683 00:23:39,700 --> 00:23:40,900 my ex-girlfriend as well. 684 00:23:40,967 --> 00:23:42,033 Honestly, I don't know. 685 00:23:42,100 --> 00:23:43,433 I gotta be cautious buying stuff. 686 00:23:43,500 --> 00:23:47,367 Well, of course, especially after selling 150, 200 bikes, 687 00:23:47,433 --> 00:23:48,500 I mean, I would've figured 688 00:23:48,567 --> 00:23:50,834 he would have been more experienced. 689 00:23:50,900 --> 00:23:52,467 Just gotta-- I gotta be more careful, I guess. 690 00:23:52,533 --> 00:23:54,367 [announcer] Have you been scammed? 691 00:23:54,433 --> 00:23:56,834 Let the majority rule in your favor 692 00:23:56,900 --> 00:23:58,734 on Tribunal Justice. 693 00:23:58,800 --> 00:24:00,867 Find us on social media. 694 00:24:01,967 --> 00:24:05,033 ["Ride of the Valkyries" plays]