1 00:00:06,467 --> 00:00:09,500 After your nephew moves out, he left a huge mess. 2 00:00:09,567 --> 00:00:10,834 - Yes. - I deny that. 3 00:00:10,900 --> 00:00:12,567 It was already getting crazy. 4 00:00:12,633 --> 00:00:14,266 She did drug my dog. 5 00:00:15,166 --> 00:00:16,233 I would never. 6 00:00:16,300 --> 00:00:18,166 When did the landlord ask you to leave? 7 00:00:18,233 --> 00:00:20,633 I actually voluntarily said I'm gonna move out 8 00:00:20,700 --> 00:00:22,400 'cause I wasn't comfortable with her anymore. 9 00:00:22,467 --> 00:00:24,333 Why weren't you comfortable with her? 10 00:00:24,967 --> 00:00:27,433 [announcer] Now on Tribunal Justice. 11 00:00:27,500 --> 00:00:30,867 ["Ride of the Valkyries" plays] 12 00:00:49,000 --> 00:00:52,367 [announcer] Today's case was filed in San Mateo, California. 13 00:00:53,066 --> 00:00:55,800 [Byrd] Your Honor, this is case number 2003 on the calendar 14 00:00:55,867 --> 00:00:58,033 in the matter Vella versus Vella. 15 00:00:58,100 --> 00:00:59,333 Parties have been sworn in. 16 00:00:59,967 --> 00:01:01,867 - Thank you, Byrd. - You're welcome, Judge. 17 00:01:02,934 --> 00:01:05,767 - So this case is a family affair. - [Christina] Yes, ma'am. 18 00:01:05,834 --> 00:01:07,533 And Ms. Vella, the defendant is your nephew? 19 00:01:07,600 --> 00:01:08,600 Uh-hmm. 20 00:01:08,667 --> 00:01:10,667 [Judge Acker] You were going through a divorce. 21 00:01:10,734 --> 00:01:13,100 You were being discharged from the military. 22 00:01:13,166 --> 00:01:14,567 - What branch? - Marine Corps. 23 00:01:14,633 --> 00:01:15,734 [Judge Acker] Thank you for your service. 24 00:01:15,800 --> 00:01:18,166 And you decided that it made sense 25 00:01:18,233 --> 00:01:20,934 for the two of you to move in together to kinda help each other out. 26 00:01:21,000 --> 00:01:23,600 So you move into one place in 2019. 27 00:01:23,667 --> 00:01:25,934 One bedroom, one bath, very crowded. 28 00:01:26,000 --> 00:01:27,133 You have a dog. 29 00:01:27,200 --> 00:01:31,166 You move into another home, a two-bedroom with an in-law suite. 30 00:01:31,233 --> 00:01:33,600 You, sir, are sleeping in the in-law suite. 31 00:01:33,667 --> 00:01:36,633 - So at some point, your unit is flooded. - Uh-hmm. 32 00:01:36,700 --> 00:01:37,900 - Correct. - [Judge Acker] And you move out. 33 00:01:37,967 --> 00:01:40,467 You say things are really tense with your aunt. 34 00:01:40,533 --> 00:01:41,866 - Correct. - [Judge Acker] Ms. Vella, you claimed… 35 00:01:41,934 --> 00:01:44,100 - Yes. - [Judge Acker] … that after your nephew 36 00:01:44,166 --> 00:01:46,400 moves out, he left such a big mess 37 00:01:46,467 --> 00:01:50,233 that the landlord retained all of your security deposit in… 38 00:01:50,300 --> 00:01:53,366 - Yup. - [Judge Acker] … the amount of $6,200. 39 00:01:53,433 --> 00:01:54,667 - Took you to court… - Uh-hmm. 40 00:01:54,734 --> 00:01:57,433 [Judge Acker] … and then won an additional $5,000, 41 00:01:57,500 --> 00:01:59,600 and as a consequence of that lawsuit, 42 00:01:59,667 --> 00:02:01,967 you are now suing your nephew 43 00:02:02,033 --> 00:02:04,867 for our court maximum of $10,000. 44 00:02:04,934 --> 00:02:05,967 Uh-hmm. 45 00:02:06,033 --> 00:02:08,600 [Judge Acker] Mr. Vella, you maintain that you continued to pay rent 46 00:02:08,667 --> 00:02:09,834 when you moved out. 47 00:02:09,900 --> 00:02:11,700 When she moved out, 48 00:02:11,767 --> 00:02:15,100 you actually paid somebody to help her clean up. 49 00:02:15,166 --> 00:02:18,333 And you maintain her lawsuit is nonsense and that you owe her no money. 50 00:02:18,400 --> 00:02:20,400 - Correct. - First things first, 51 00:02:20,466 --> 00:02:25,133 Ms. Vella, was your landlord aware that your nephew was moving in with you? 52 00:02:25,200 --> 00:02:27,734 The real estate--no, the answer would be no. 53 00:02:27,800 --> 00:02:28,900 It's a straight-up no. 54 00:02:28,966 --> 00:02:33,800 And in fact, I believe your lease prohibits you from subletting, doesn't it? 55 00:02:33,867 --> 00:02:36,333 - Correct. - And there's an addendum in the lease, 56 00:02:36,400 --> 00:02:39,633 that in fact says, that you'll be assessed a $300… 57 00:02:39,700 --> 00:02:40,734 - [Christina] Yes. - … a day fee… 58 00:02:40,800 --> 00:02:42,800 - Yes. Yes. - [Judge Acker] … for a sublet. 59 00:02:42,867 --> 00:02:45,000 [Judge Acker] Now, you met the landlord at some point, didn't you? 60 00:02:45,066 --> 00:02:46,166 Correct. 61 00:02:46,233 --> 00:02:47,333 [Judge Acker] And when she asks you, 62 00:02:47,400 --> 00:02:48,767 "What are you doing here? Do you live here?" 63 00:02:48,834 --> 00:02:49,834 What do you tell her? 64 00:02:49,900 --> 00:02:52,166 I told her, "I did live here, and this was my dog," 65 00:02:52,233 --> 00:02:53,700 'cause my dog was right there. 66 00:02:53,767 --> 00:02:56,667 And, you know, it was us, the family, you know, living together. 67 00:02:56,734 --> 00:02:58,100 - [Judge Acker] What's the dog's name? - Toof. 68 00:02:58,166 --> 00:02:59,233 [Judge Acker] Do you have a dog too? 69 00:02:59,300 --> 00:03:01,000 I do, and he was on the lease. Yes. 70 00:03:01,066 --> 00:03:04,300 In 2022 or thereabouts, 71 00:03:04,367 --> 00:03:07,066 your aunt says that there was a bad storm, 72 00:03:07,133 --> 00:03:10,533 and as a consequence of that storm, the unit flooded. 73 00:03:10,600 --> 00:03:12,500 Did you remain in the unit after the storm? 74 00:03:12,567 --> 00:03:13,967 I did. I kept paying. 75 00:03:14,033 --> 00:03:17,966 I also bought tools to drill into the wall to build a bigger drain. 76 00:03:18,033 --> 00:03:19,533 When did you ultimately move out? 77 00:03:19,600 --> 00:03:22,800 Um, around, I guess, the beginning of December. 78 00:03:22,867 --> 00:03:24,133 [Judge Acker] Why? Why'd you move out? 79 00:03:24,200 --> 00:03:26,567 Um, it was already getting crazy. 80 00:03:26,633 --> 00:03:29,600 Um, she did drug my dog. 81 00:03:29,667 --> 00:03:30,800 I went to go pick him up, 82 00:03:30,867 --> 00:03:32,834 and he wasn't able to walk straight or anything. 83 00:03:32,900 --> 00:03:34,266 [Judge Acker] How do you know she drugged your dog? 84 00:03:34,333 --> 00:03:35,667 [Richard] Because she said so. 85 00:03:35,734 --> 00:03:37,433 - But I'm not sure what she gave him. - [Judge Acker] Did you do that? 86 00:03:37,500 --> 00:03:39,600 Oh, there were--it was acepromazine. 87 00:03:39,667 --> 00:03:41,500 Um, it was prescribed to my dog 88 00:03:41,567 --> 00:03:44,033 during the fireworks because of the anxiety. 89 00:03:44,100 --> 00:03:48,333 Richard would constantly leave his dog downstairs ever since it was a puppy, 90 00:03:48,400 --> 00:03:51,400 and he would just leave for, like, days and the dog was down there. 91 00:03:51,466 --> 00:03:53,633 - [Judge Acker] Barking? - Barking, crying. 92 00:03:53,700 --> 00:03:54,767 [Judge Acker] What do you do for a living, sir? 93 00:03:54,834 --> 00:03:55,834 I'm a mechanic. 94 00:03:55,900 --> 00:03:58,367 Were you leaving your dog unattended for days on end? 95 00:03:58,433 --> 00:03:59,533 Not days on end, no. 96 00:03:59,600 --> 00:04:02,367 But I would come check on him after work, and then I would go about my business. 97 00:04:02,433 --> 00:04:04,433 [Judge Acker] So you came home, you walked the dog, and then you… 98 00:04:04,500 --> 00:04:05,567 [Richard] I would leave, yeah. 99 00:04:05,633 --> 00:04:08,567 I was interested in that because I think it kind of sets the stage 100 00:04:08,633 --> 00:04:10,200 for why you moved out. 101 00:04:10,266 --> 00:04:13,233 But it's not the most material part of this lawsuit, in my view. 102 00:04:13,300 --> 00:04:16,367 I think the most material part is your aunt's claim 103 00:04:16,433 --> 00:04:19,700 that she's on the hook for over $10,000 104 00:04:19,767 --> 00:04:22,633 because you left the premises such a mess. 105 00:04:22,700 --> 00:04:26,633 Can we please see on the screen all photographs of the defendant's unit? 106 00:04:27,934 --> 00:04:30,900 - Is this the entrance to the in-law unit? - [Richard] Yes. 107 00:04:30,967 --> 00:04:33,066 [Christina] That was where he cut a dog door in. 108 00:04:33,133 --> 00:04:34,633 [Judge Acker] Okay. Let--hold on, hold on, hold on. 109 00:04:34,700 --> 00:04:36,200 Did you cut the dog door? 110 00:04:36,266 --> 00:04:38,867 I did, not only for my dog, but also her dog. 111 00:04:38,933 --> 00:04:40,200 [Judge Acker] Didn't you tell your nephew 112 00:04:40,266 --> 00:04:42,533 that you were gonna be on the hook for $800 for cutting… 113 00:04:42,600 --> 00:04:43,734 850. 114 00:04:43,800 --> 00:04:45,100 - Did you pay her? - I did. $800… 115 00:04:45,166 --> 00:04:46,400 - [Judge Acker] Did he pay you? - No. 116 00:04:46,467 --> 00:04:48,300 … and we discussed it prior, um… 117 00:04:48,367 --> 00:04:49,367 [Judge Acker] Do you have evidence of that? 118 00:04:49,433 --> 00:04:51,133 - I do have evidence of that. - Where is that, sir? 119 00:04:51,200 --> 00:04:54,200 If you look at exhibit three on page 13, 120 00:04:54,266 --> 00:04:56,500 I have $700 that I paid her. 121 00:04:56,567 --> 00:04:58,800 [Judge Acker] On February 28th, 122 00:04:58,867 --> 00:05:00,934 there was a payment made to your aunt 123 00:05:01,000 --> 00:05:05,066 in the amount of $690, which interestingly, is not $800. 124 00:05:05,133 --> 00:05:09,033 [Richard] 690, and then if you look down on to, uh, March 7th. 125 00:05:09,100 --> 00:05:10,767 - The rest… - Another Christina Vella… 126 00:05:10,834 --> 00:05:12,433 - [Richard] The rest is paid. - [Judge Acker] … 110. 127 00:05:12,500 --> 00:05:16,200 690 plus 110 equals $800. 128 00:05:16,266 --> 00:05:17,767 [Christina] I can clarify all of that. 129 00:05:17,834 --> 00:05:20,900 He gave 690, but that's a very odd number, 130 00:05:20,967 --> 00:05:23,600 um, so I can't justify the 690. 131 00:05:23,667 --> 00:05:25,300 - The gentleman that… - Did you receive it? 132 00:05:25,367 --> 00:05:26,467 - Yes, I did. - And did you… 133 00:05:26,533 --> 00:05:27,734 - Via Zelle. - [Judge Acker] … receive $110? 134 00:05:27,800 --> 00:05:30,300 And the 110 was for things that we had to buy-- 135 00:05:30,367 --> 00:05:32,533 Bill and I had to buy at Home Depot, 136 00:05:32,600 --> 00:05:35,332 um, to correct some of the issues in the in-law. 137 00:05:35,400 --> 00:05:39,266 Can we go back to the photographs of the interior of the suite? 138 00:05:39,332 --> 00:05:41,533 Now, when were these photographs taken, Ms. Vella? 139 00:05:41,600 --> 00:05:46,100 Um, they were taken on the Saturday that we were supposed to move out. 140 00:05:46,166 --> 00:05:50,633 So I would say around March 13, March 14. 141 00:05:50,700 --> 00:05:52,600 - But I don't see a mess. - Well… 142 00:05:52,667 --> 00:05:53,834 [Judge Acker] Let me ask your nephew. 143 00:05:53,900 --> 00:05:55,166 Did you leave some things behind? 144 00:05:55,667 --> 00:05:58,400 No. Um, so a lot of my stuff, like the flood, destroyed. 145 00:05:58,467 --> 00:05:59,667 I threw that stuff out. 146 00:05:59,734 --> 00:06:01,567 [Judge Acker] Did you move everything out in December? 147 00:06:01,633 --> 00:06:02,633 Not in December. 148 00:06:02,700 --> 00:06:04,867 I was taking stuff by time, because I was still paying rent there. 149 00:06:04,934 --> 00:06:05,934 [Judge Acker] You're still paying rent. 150 00:06:06,000 --> 00:06:07,066 When did you stop paying rent? 151 00:06:07,133 --> 00:06:08,700 Um, all the way till the end of the lease. 152 00:06:08,767 --> 00:06:10,533 When did the landlord ask you to leave? 153 00:06:10,600 --> 00:06:14,800 I actually voluntarily, uh, said I'm gonna give her a 30-day notice 154 00:06:14,867 --> 00:06:17,934 and move out because I wasn't comfortable with her anymore. 155 00:06:18,000 --> 00:06:19,332 Why weren't you comfortable with her? 156 00:06:19,400 --> 00:06:23,734 Well, if I may kind of go back a little and tell you about the flooding, 157 00:06:23,800 --> 00:06:28,400 the reason it flooded is, yes, Richard, uh, bought a drill bit 158 00:06:28,467 --> 00:06:32,000 to put a bigger hole in the cinder blocks in the yard 159 00:06:32,066 --> 00:06:33,600 so when the water would come down, 160 00:06:33,667 --> 00:06:36,633 it would go through the hole and down the canal to the right. 161 00:06:36,700 --> 00:06:40,967 But Richard put a piece of AstroTurf for his dog to potty 162 00:06:41,033 --> 00:06:44,233 and he would go-- and if he denies this, it's a damn shame. 163 00:06:44,300 --> 00:06:48,467 He would go for days or months without cleaning Toof's feces. 164 00:06:49,133 --> 00:06:52,467 And when the landlord came and she was poking that hole, 165 00:06:52,533 --> 00:06:56,000 there were so much dog feces in the hole 166 00:06:56,066 --> 00:06:59,567 that the water couldn't get out, hence flooding his unit. 167 00:07:01,300 --> 00:07:03,567 [announcer] Coming up on Tribunal Justice. 168 00:07:03,633 --> 00:07:06,533 See, to me, you're both in cahoots with one another. 169 00:07:06,600 --> 00:07:11,100 You both violated very blatant terms and conditions of a lease agreement 170 00:07:11,166 --> 00:07:12,600 by this landlord. 171 00:07:12,667 --> 00:07:14,100 [dramatic musical sting] 172 00:07:15,900 --> 00:07:17,900 [theme music plays] 173 00:07:17,967 --> 00:07:21,332 [announcer] Christina Vella is suing her nephew, Richard Vella, 174 00:07:21,400 --> 00:07:24,734 for $10,000 in flood damage to their apartment. 175 00:07:24,800 --> 00:07:27,867 But Richard claims he moved out because of her 176 00:07:27,934 --> 00:07:30,100 and owes his aunt nothing. 177 00:07:30,934 --> 00:07:32,767 I have evidence from the landlord 178 00:07:32,834 --> 00:07:36,133 that the reason you were assessed all this money is not so much 179 00:07:36,200 --> 00:07:38,800 because of bags of garbage and the like, it's because the flooding… 180 00:07:38,867 --> 00:07:40,200 - Uh-hmm. - [Judge Acker] … that was caused 181 00:07:40,266 --> 00:07:44,200 by a mat blocking the drain, but we do have a lease. 182 00:07:44,266 --> 00:07:45,332 - [Christina] Uh-hmm. - You were on the hook? 183 00:07:45,400 --> 00:07:46,533 I'm the only person on the lease. 184 00:07:46,600 --> 00:07:47,633 - Correct. - [Judge Acker] I--correct, 185 00:07:47,700 --> 00:07:51,500 and so I'm gonna have to hear a lot more to be able to assess how much, 186 00:07:51,567 --> 00:07:54,233 - if any, liability he should have… - [Christina] Oh, I can… 187 00:07:54,300 --> 00:07:56,400 [Judge Acker] … because a different court's already found you liable. 188 00:07:56,467 --> 00:07:58,367 - Well, I'm not dissecting that. - Uh-hmm. 189 00:07:58,433 --> 00:08:00,567 [Judge Acker] But what we will dissect here is, 190 00:08:00,633 --> 00:08:03,133 - who did what damage and how much. - [Christina] Okay. 191 00:08:03,200 --> 00:08:05,500 - Absolutely. - So, we have a lot more to determine. 192 00:08:05,567 --> 00:08:07,767 - Judge DiMango. - And it's not gonna be easy. 193 00:08:07,834 --> 00:08:10,633 See, to me, you're both in cahoots with one another, 194 00:08:10,700 --> 00:08:12,800 hook, line, and sinker, each of you. 195 00:08:12,867 --> 00:08:17,667 You both violated very blatant terms and conditions of a lease agreement. 196 00:08:17,734 --> 00:08:19,667 The named tenant was held responsible 197 00:08:19,734 --> 00:08:22,367 in another court of law for all the damages 198 00:08:22,433 --> 00:08:26,166 that the landlord of that property said occurred, 199 00:08:26,567 --> 00:08:28,500 and now you're both here. 200 00:08:28,567 --> 00:08:30,367 So let me just ask a few questions. 201 00:08:30,433 --> 00:08:32,200 - [Christina] Sure. - You had more than one dog, correct? 202 00:08:32,265 --> 00:08:33,633 - Yes, I did. - [Judge DiMango] How many dogs 203 00:08:33,700 --> 00:08:34,799 - did you have? - I had two dogs. 204 00:08:34,866 --> 00:08:36,265 [Judge DiMango] And how many dogs did you have? 205 00:08:36,332 --> 00:08:37,366 I only have one, Your Honor. 206 00:08:37,433 --> 00:08:40,667 So three dogs on a lease that charged for one dog. 207 00:08:40,734 --> 00:08:41,866 - Uh-hmm. - [Judge DiMango] So you're both 208 00:08:41,933 --> 00:08:43,633 - responsible, in my mind… - Correct. 209 00:08:43,700 --> 00:08:46,233 [Judge DiMango] … for everything that occurred as a result of dog poop, 210 00:08:46,300 --> 00:08:47,900 doggy dog holes. 211 00:08:47,967 --> 00:08:50,967 You say that he didn't pay you for the doggy door. 212 00:08:51,033 --> 00:08:53,834 I don't know if he did or not, but I can't say it's a little coincidental 213 00:08:53,900 --> 00:08:58,500 that the two payments he made, 690 and 110 happened to add up to $800. 214 00:08:58,567 --> 00:09:00,834 And it's true, you shouldn't have been there at all, 215 00:09:00,900 --> 00:09:03,600 but you know, you're paying her $1,800 a month. 216 00:09:03,667 --> 00:09:06,100 You're happy about the $1,800 a month. 217 00:09:06,166 --> 00:09:08,166 You think that the landlord's never gonna catch you. 218 00:09:08,233 --> 00:09:09,834 I mean, right, you didn't think you were gonna get caught? 219 00:09:09,900 --> 00:09:12,700 - [Christina] May I, um, may I speak? - [Judge DiMango] Yeah. 220 00:09:12,767 --> 00:09:15,233 So we went through a real estate company, 221 00:09:15,300 --> 00:09:18,700 and the woman who owned the property 222 00:09:18,767 --> 00:09:21,066 acknowledged that Richard lives there. 223 00:09:21,133 --> 00:09:22,533 She acknowledged all the dogs. 224 00:09:22,600 --> 00:09:25,100 And I'm like, "The landlord is cool with all this?" 225 00:09:25,166 --> 00:09:27,333 And she's like, "Oh, yeah, absolutely." 226 00:09:27,400 --> 00:09:29,600 - [Judge DiMango] Ah, you see. - So I was under the idea 227 00:09:29,667 --> 00:09:31,100 - that it was okay. I… - Nah. Come on. 228 00:09:31,166 --> 00:09:32,667 You knew you were breaching the lease. 229 00:09:32,734 --> 00:09:34,667 - You signed it. You initialed everything. - Yeah. 230 00:09:34,734 --> 00:09:36,934 And you probably signed the provision in the lease 231 00:09:37,000 --> 00:09:39,400 that said that everything in here 232 00:09:39,467 --> 00:09:42,333 reflects the agreement between all the parties. 233 00:09:42,400 --> 00:09:45,867 And I think you realize that the two of you were in on this. 234 00:09:45,934 --> 00:09:47,934 And so with that, I'm gonna pass it to Judge Levy. 235 00:09:48,000 --> 00:09:50,200 Thank you. Uh, sir, you're Mr. Brosius? 236 00:09:50,266 --> 00:09:51,500 - [Bill] Yes. - Uh, step up, please. 237 00:09:52,100 --> 00:09:55,700 And, uh, how are you related, if at all, to either the, uh, plaintiff or defendant? 238 00:09:55,767 --> 00:09:57,266 I'm her niece's husband. 239 00:09:57,333 --> 00:09:58,400 - [Judge Levy] Her niece's husband. - Uh-hmm. 240 00:09:58,467 --> 00:09:59,633 [Judge Levy] Got it. Okay. 241 00:09:59,700 --> 00:10:02,200 So what can you tell us about what you, uh, know about this lawsuit? 242 00:10:02,266 --> 00:10:05,133 So, um, I just spent a solid week in there, 243 00:10:05,200 --> 00:10:08,166 um, cleaning up the-- cleaning up the house. 244 00:10:08,233 --> 00:10:10,066 A couple dump loads, 245 00:10:10,133 --> 00:10:12,600 the garage was just left to a complete mess. 246 00:10:12,667 --> 00:10:15,934 There was a bunch of, uh, drywall that needed to be patched, 247 00:10:16,000 --> 00:10:18,567 blinds, the ceiling, 248 00:10:18,633 --> 00:10:22,066 one of the door handles was completely, um, needed to be replaced. 249 00:10:22,567 --> 00:10:23,633 [Judge Levy] So let's go through it now. 250 00:10:23,700 --> 00:10:25,367 These are from your evidence packet. 251 00:10:25,433 --> 00:10:28,500 Exhibit one, photos of the home when the plaintiff moved out. 252 00:10:28,567 --> 00:10:30,633 Defendant's living quarters downstairs. 253 00:10:30,700 --> 00:10:32,467 - It's a doggy door. - [Christina] Richard's. 254 00:10:32,533 --> 00:10:33,567 - [Judge Levy] Right. - [Christina] Correct. 255 00:10:33,633 --> 00:10:34,633 - [Judge Levy] We paid that, right? - Yes. 256 00:10:34,700 --> 00:10:37,367 Good. That's gone. Front of home. 257 00:10:37,433 --> 00:10:41,266 [Christina] Oh, the reason I put that is, I paid $3,000 258 00:10:41,333 --> 00:10:42,567 to have grass laid down to make it look pretty. 259 00:10:42,633 --> 00:10:43,934 Great. That was nothing to do with him, right? 260 00:10:44,000 --> 00:10:45,367 - Nothing to do with him. - Good. That's gone. 261 00:10:45,800 --> 00:10:48,133 - We have outdoor areas. - Oh, yeah. 262 00:10:48,200 --> 00:10:49,633 That was--that was both of ours. 263 00:10:49,700 --> 00:10:51,500 Richard did nothing to help clean it up. 264 00:10:51,567 --> 00:10:53,000 [Judge Levy] But there was nothing that he did 265 00:10:53,066 --> 00:10:54,333 that's the defendant did right there--no. 266 00:10:54,400 --> 00:10:56,667 No, I'm just showing that I had to clean up everything that… 267 00:10:56,734 --> 00:10:58,667 - Good. Defendant's backyard area. - [Christina] … we did together. 268 00:10:58,734 --> 00:10:59,800 Let's go through that. 269 00:10:59,867 --> 00:11:01,000 [Christina] Well, that's nice and clean now. 270 00:11:01,066 --> 00:11:02,100 You should've seen it before I cleaned it. 271 00:11:02,166 --> 00:11:03,166 [Judge Levy] I would like to have seen it before. 272 00:11:03,233 --> 00:11:04,400 - [Christina] If--yeah, I know, and… - [Richard] Yes. 273 00:11:04,467 --> 00:11:05,734 [Christina] … you're absolutely correct. 274 00:11:05,800 --> 00:11:07,533 - That's gone. - Bill was jumping on me about it. 275 00:11:07,600 --> 00:11:09,500 - Stove in the kitchen. - [Christina] Yeah. 276 00:11:09,567 --> 00:11:11,533 - Not him, right? - No, that was upstairs. 277 00:11:11,600 --> 00:11:14,433 Good. Stairway down to the living room. 278 00:11:14,500 --> 00:11:16,066 [Christina] We just want to show it was clean. 279 00:11:16,133 --> 00:11:19,166 The reason we took a lot of those pictures is to show it to the landlord. 280 00:11:19,233 --> 00:11:22,266 Where is the damage he caused? 281 00:11:22,934 --> 00:11:25,367 I didn't do it. I never thought I'd come to court. 282 00:11:25,433 --> 00:11:27,600 [Judge Levy] But you understand that you're suing your nephew, 283 00:11:27,667 --> 00:11:30,367 who by the way, you say that you tried to treat like a parent 284 00:11:30,433 --> 00:11:32,200 because of a situation that you were… 285 00:11:32,266 --> 00:11:34,767 Well, 'cause his father was my older brother that passed away. 286 00:11:34,834 --> 00:11:36,033 - [Judge Levy] Right. You loved him. - Yeah. 287 00:11:36,100 --> 00:11:37,200 - [Judge Levy] You protected him. - Still love him. 288 00:11:37,266 --> 00:11:38,266 - [Judge Levy] Right. - [Christina] 'Cause we don't have 289 00:11:38,333 --> 00:11:39,467 a lot of Vellas left in our family. 290 00:11:39,533 --> 00:11:42,100 [Judge Levy] Exactly. So now you're suing him for $10,000. 291 00:11:42,165 --> 00:11:44,967 I have no evidence, no proof whatsoever 292 00:11:45,033 --> 00:11:48,767 that anything that you got sued for by the landlord was his fault. 293 00:11:48,834 --> 00:11:50,700 That's the problem. 294 00:11:50,767 --> 00:11:52,767 [Christina] Her main thing was the flood, 295 00:11:52,834 --> 00:11:54,433 the flood put her over the top. 296 00:11:54,500 --> 00:11:56,367 No, it wasn't. It wasn't the flood. 297 00:11:56,433 --> 00:11:58,000 - Let me tell you what it was. - Yeah. 298 00:11:58,066 --> 00:12:00,166 [Judge Levy] The lease made it very clear. 299 00:12:00,233 --> 00:12:02,367 - No sublets, right? - [Christina] Yes. 300 00:12:02,433 --> 00:12:03,967 You could have let him live there. 301 00:12:04,033 --> 00:12:06,033 - [Christina] Uh-hmm. - Just not charge him rent. 302 00:12:06,100 --> 00:12:08,367 What about your partner? 303 00:12:08,433 --> 00:12:10,200 - You charged her rent. - [Christina] Yes. 304 00:12:10,266 --> 00:12:11,600 [Judge Levy] You took money from her. 305 00:12:11,667 --> 00:12:13,700 That's two people who you're subletting to. 306 00:12:13,767 --> 00:12:15,967 And there could be no doubt in your mind 307 00:12:16,033 --> 00:12:20,633 how serious the landlord was about the subletting 308 00:12:20,700 --> 00:12:23,967 because in the addendum that you provided us with… 309 00:12:24,033 --> 00:12:25,133 - [Christina] Yes. - … for some strange reason. 310 00:12:25,200 --> 00:12:26,233 Well, it's the truth. 311 00:12:26,300 --> 00:12:29,667 [Judge Levy] "Any person residing in the unit without landlord's approval 312 00:12:29,734 --> 00:12:33,433 will be asked to vacate an assessment of $300 per day." 313 00:12:33,500 --> 00:12:34,500 [Christina] Uh-hmm. 314 00:12:34,567 --> 00:12:38,165 "Will be charged in addition to the current rent that is that 315 00:12:38,233 --> 00:12:40,233 - you're taking from the illegal tenants." - [Christina] Uh-hmm. 316 00:12:40,300 --> 00:12:42,500 [Judge Levy] "Until that person vacates." 317 00:12:42,567 --> 00:12:45,567 It's called disgorgement. You can't benefit. 318 00:12:45,633 --> 00:12:49,767 Any money that you got from him or quite frankly your partner, 319 00:12:49,834 --> 00:12:53,133 your landlord is entitled to as a matter of law 320 00:12:53,200 --> 00:12:55,233 based upon what you signed. 321 00:12:55,300 --> 00:12:56,800 How long were you living there? 322 00:12:57,400 --> 00:12:58,400 About a year. 323 00:12:58,467 --> 00:12:59,467 Woo! 324 00:13:00,266 --> 00:13:03,700 That equaled $191,000. 325 00:13:03,767 --> 00:13:04,767 - [man] Woo. - I'm… 326 00:13:04,834 --> 00:13:06,300 [Judge Levy] This wasn't about a flood. 327 00:13:06,367 --> 00:13:08,967 She could not have been more clear, your landlord, 328 00:13:09,033 --> 00:13:11,300 that you could only have one dog. 329 00:13:11,367 --> 00:13:14,000 She did not want multiple dogs there 330 00:13:14,066 --> 00:13:17,633 because those dogs went to the bathroom on a mat 331 00:13:17,700 --> 00:13:19,834 that was over a drain, 332 00:13:19,900 --> 00:13:23,133 that in her opinion, according to the documents you provided, 333 00:13:23,200 --> 00:13:27,700 she's blaming that as the cause of the flooding. 334 00:13:27,767 --> 00:13:29,533 Did you put the mat over that drain? 335 00:13:29,600 --> 00:13:31,967 - I put the mat near the drain, yes, sir. - [Judge Levy] Why? 336 00:13:32,567 --> 00:13:35,967 Well, I didn't believe that, uh, that would fill up the way it did. 337 00:13:36,033 --> 00:13:37,633 Yeah, well, you learned better, didn't you? 338 00:13:37,700 --> 00:13:38,834 - [Richard] I did, sir. - [Judge Levy] Yeah. 339 00:13:38,900 --> 00:13:42,667 So that is the reason why your landlady was so angry… 340 00:13:43,100 --> 00:13:44,500 - [Christina] Uh-hmm. - … 'cause you're making money 341 00:13:44,567 --> 00:13:46,567 off of her house, 342 00:13:46,633 --> 00:13:49,800 and the damages that she was able to identify 343 00:13:49,867 --> 00:13:53,533 and memorialize in this civil lawsuit against you, 344 00:13:53,600 --> 00:13:54,800 had nothing to do with him 345 00:13:54,867 --> 00:13:57,400 because he didn't sign the lease or the addendum, right? 346 00:13:57,467 --> 00:13:59,600 - Correct. - You did. Thank you very much. 347 00:13:59,667 --> 00:14:01,200 - I have no further questions. - [Christina] Thank you. 348 00:14:01,266 --> 00:14:03,233 Then we are going to retire to deliberate. 349 00:14:03,300 --> 00:14:05,867 Sir, you may take a seat. We will be back. 350 00:14:05,934 --> 00:14:07,533 [Byrd] Court now stands in recess. 351 00:14:07,600 --> 00:14:08,834 Parties are excused. 352 00:14:10,266 --> 00:14:12,767 [announcer] Coming up on Tribunal Justice. 353 00:14:12,834 --> 00:14:14,567 They both used that doggy mat. 354 00:14:14,633 --> 00:14:17,600 I would have award her based on that $5,000. 355 00:14:17,667 --> 00:14:19,734 No, I don't think that she's met her burden at all. 356 00:14:19,800 --> 00:14:20,967 - He… - Well, I could go with you or maybe 357 00:14:21,033 --> 00:14:22,500 even on a different level, which is… 358 00:14:22,567 --> 00:14:24,834 Before you go that way, let me just give it one more shot. 359 00:14:24,900 --> 00:14:26,600 [dramatic musical sting] 360 00:14:28,500 --> 00:14:31,200 [dramatic musical sting] 361 00:14:31,266 --> 00:14:34,934 I think there are some big problems with the plaintiff's case, 362 00:14:35,000 --> 00:14:39,000 primarily the difficulty in assessing the damage that each caused. 363 00:14:39,066 --> 00:14:41,300 However, there's a shortcut. 364 00:14:41,367 --> 00:14:44,500 She did provide a lot of evidence, some of which is not helpful to her. 365 00:14:44,567 --> 00:14:46,367 Some of which is, 366 00:14:46,433 --> 00:14:51,133 and in the March demand letter from the landlord, 367 00:14:51,200 --> 00:14:54,133 she assesses a little over $10,000 368 00:14:54,200 --> 00:14:58,300 in damage solely related to that blockage of the drain. 369 00:14:58,367 --> 00:15:00,300 I would split that in half. 370 00:15:00,367 --> 00:15:02,133 They both used that doggy mat. 371 00:15:02,200 --> 00:15:03,767 He admits he put it down there. 372 00:15:03,834 --> 00:15:05,700 I think that it was also for her benefit. 373 00:15:05,767 --> 00:15:08,767 I would award her, based on that, $5,000. 374 00:15:08,834 --> 00:15:11,066 I'm kind of in a place similar to that. 375 00:15:11,133 --> 00:15:14,800 I looked at it as though she owed out $11,200, 376 00:15:14,867 --> 00:15:16,066 something to that effect, 377 00:15:16,133 --> 00:15:19,400 6,200 of which was her security deposit, 378 00:15:19,467 --> 00:15:21,567 which there's no evidence that they didn't split. 379 00:15:21,633 --> 00:15:24,066 So if I take that 6,200 off, 380 00:15:24,133 --> 00:15:26,867 then all we're left with is the $5,000 court award. 381 00:15:26,934 --> 00:15:29,700 I would split that in half and give her 2,500. 382 00:15:29,767 --> 00:15:31,533 - Hmm. - Because that to me is fair. 383 00:15:31,600 --> 00:15:33,600 They split the security deposit. 384 00:15:33,667 --> 00:15:35,700 They have the $5,000 in damages, 385 00:15:35,767 --> 00:15:38,266 I think they both contributed to a lot of the damages. 386 00:15:38,333 --> 00:15:42,200 So basically, over and above that, I would give her $2,500. 387 00:15:42,266 --> 00:15:43,600 [Judge Levy] I see it a little differently. 388 00:15:43,667 --> 00:15:45,333 What we do know for sure 389 00:15:45,400 --> 00:15:48,333 is that there's nothing that the plaintiff provided us-- 390 00:15:48,400 --> 00:15:50,033 that was the ripping of the pages-- 391 00:15:50,100 --> 00:15:52,467 nothing that the plaintiff provided us proved 392 00:15:52,533 --> 00:15:55,900 that the defendant was involved in any of the damage. 393 00:15:55,967 --> 00:16:00,900 What we know is that the court awarded the $5,000 beyond the security. 394 00:16:00,967 --> 00:16:03,734 Yeah, I have that here with the-- whatever it was that they brought. 395 00:16:03,800 --> 00:16:08,133 Correct. What we don't have are findings of fact and conclusions of law. 396 00:16:08,200 --> 00:16:11,800 So we don't know exactly what the court based its decision on. 397 00:16:11,867 --> 00:16:16,734 Was it on damages or was it on the $192,000 398 00:16:16,800 --> 00:16:19,233 that the landlord was entitled to, 399 00:16:19,300 --> 00:16:23,333 based upon the plaintiff's breach of the addendum? 400 00:16:23,400 --> 00:16:26,667 And because we don't know, I don't believe that she's met her burden, 401 00:16:26,734 --> 00:16:29,166 the plaintiff, to get any of that money back from the defendant. 402 00:16:29,233 --> 00:16:30,767 - He… - Well, I could go with you or maybe 403 00:16:30,834 --> 00:16:33,734 even on a different level, which is, she just lied about everything. 404 00:16:33,800 --> 00:16:35,165 She was the one that signed the lease. 405 00:16:35,233 --> 00:16:37,266 She was the one that said that there was nobody living there. 406 00:16:37,333 --> 00:16:38,800 She was the one that had multiple dogs 407 00:16:38,867 --> 00:16:41,900 when she swore on the document that she only had one. 408 00:16:41,967 --> 00:16:44,500 I mean, I was thinking of not going that way, and then I… 409 00:16:44,567 --> 00:16:46,467 - Before you go that way, let me just… - I haven't got there. 410 00:16:46,533 --> 00:16:47,600 - [laughter] - [Judge DiMango] Go, go, go. Go. 411 00:16:47,667 --> 00:16:49,600 Let me--let me-- let me just give it one more shot. 412 00:16:49,667 --> 00:16:52,000 Agreed. Judge Levy's absolutely right. 413 00:16:52,066 --> 00:16:54,333 No conclusions of law, no findings of fact. 414 00:16:54,400 --> 00:16:56,834 But we do know what the landlord complained about. 415 00:16:56,900 --> 00:16:58,767 We know the basis of her complaint 416 00:16:58,834 --> 00:17:01,633 were these damages from that first page. 417 00:17:01,700 --> 00:17:03,867 Now to your point, Adam, I get it. 418 00:17:03,934 --> 00:17:05,700 We don't know exactly what the court found. 419 00:17:05,767 --> 00:17:09,666 But we know what the plaintiff, landlord was claiming. 420 00:17:09,733 --> 00:17:12,767 The landlord was upset about the blockage of the drain. 421 00:17:12,834 --> 00:17:15,000 The plaintiff comes to court and says, 422 00:17:15,066 --> 00:17:18,666 "I want some money from him because he helped me block the drain." 423 00:17:18,733 --> 00:17:20,000 - I… - I'm going this way again. 424 00:17:20,066 --> 00:17:21,133 [Judge Acker] I--yeah. 425 00:17:21,200 --> 00:17:23,500 I'll join you in 2,500 to keep you away from Adam. 426 00:17:23,567 --> 00:17:24,934 [laughter] 427 00:17:25,000 --> 00:17:26,165 - I got one more. - All right. 428 00:17:26,233 --> 00:17:27,967 I got one more. I'mma take one more swing at this. 429 00:17:28,032 --> 00:17:29,033 All right. 430 00:17:29,100 --> 00:17:32,367 Both the plaintiff and the defendant acknowledged 431 00:17:32,433 --> 00:17:35,033 that the flooding downstairs 432 00:17:35,100 --> 00:17:38,533 was caused by a storm, not by a drain. 433 00:17:38,967 --> 00:17:40,266 So let's accept that is true. 434 00:17:40,333 --> 00:17:43,700 There was a storm and after the storm, there was damage. 435 00:17:44,400 --> 00:17:48,166 On the addendum to the lease, the landlord acknowledged 436 00:17:48,233 --> 00:17:50,867 that the property was in a flood plain. 437 00:17:50,934 --> 00:17:54,400 So we know that after a storm, the property flooded. 438 00:17:54,467 --> 00:17:57,033 - We have no expert testimony… - But we know specifically that here, 439 00:17:57,100 --> 00:17:59,367 it was caused by the-- 'cause even they're not disputing it. 440 00:17:59,433 --> 00:18:00,800 Yeah, it was flooded and there was a drain. 441 00:18:00,867 --> 00:18:02,066 - No. No. No, no. - Right. Right. 442 00:18:02,133 --> 00:18:03,200 It flooded and the water couldn't drain. 443 00:18:03,266 --> 00:18:05,033 [Judge Levy] Hold on. That's their opinion. 444 00:18:05,100 --> 00:18:07,200 We're accepting the opinion of the landlord 445 00:18:07,266 --> 00:18:08,667 that that's how it happened. 446 00:18:08,734 --> 00:18:12,233 Why? We've gotten no testimony from any expert that 447 00:18:12,300 --> 00:18:14,266 that is in fact how the damage occurred. 448 00:18:14,333 --> 00:18:15,934 But neither one of them is saying it didn't happen 449 00:18:16,000 --> 00:18:17,834 by the overflow of poop in the cover. 450 00:18:17,900 --> 00:18:20,166 And they're just going like this saying, "It was hers, it was his." 451 00:18:20,233 --> 00:18:24,467 No. Again, we're just assuming because the plaintiff failed to present us 452 00:18:24,533 --> 00:18:25,934 with any expert testimony 453 00:18:26,000 --> 00:18:28,700 that the flooding was in fact caused by that drain. 454 00:18:28,767 --> 00:18:29,900 [Judge DiMango] Just stepping back from this. 455 00:18:29,967 --> 00:18:33,600 Do you think that he's not responsible for any of the damage that was done there? 456 00:18:33,667 --> 00:18:35,900 No, I don't think that she's met her burden at all. 457 00:18:35,967 --> 00:18:37,400 - See… - I think that she's asking us 458 00:18:37,467 --> 00:18:39,266 to do these gymnastics and to say, 459 00:18:39,333 --> 00:18:42,000 "Yeah, flooding was caused by the covered drain." 460 00:18:42,066 --> 00:18:45,567 - I just don't see it. - I think I have to respectfully disagree. 461 00:18:45,633 --> 00:18:48,400 For me, I'm having a hard time separating all the damages 462 00:18:48,467 --> 00:18:51,233 because I think that the two of them went into this lease, 463 00:18:51,300 --> 00:18:52,633 they both were violating it, 464 00:18:52,700 --> 00:18:55,300 they both had the same intent, the same mens rea. 465 00:18:55,367 --> 00:18:57,700 And the 6,200, nobody is saying, 466 00:18:57,767 --> 00:18:59,166 "Well, I paid for this, I paid for that." 467 00:18:59,233 --> 00:19:00,700 'Cause I think they split that. 468 00:19:00,767 --> 00:19:02,967 And so it's only the 5,000 over and above it, 469 00:19:03,033 --> 00:19:05,700 and I wanna split that as well because I think they're both in it jointly. 470 00:19:05,767 --> 00:19:07,333 - You've lost, Adam. - Oh, yeah. I… 471 00:19:07,400 --> 00:19:08,700 - [laughs] - I don't mind… 472 00:19:08,767 --> 00:19:09,900 Adam is not a part of this verdict. 473 00:19:09,967 --> 00:19:11,900 It's not--it's not the first time I dissented today, 474 00:19:11,967 --> 00:19:13,734 - and it won't be the last. - [Judge Acker laughs] 475 00:19:13,800 --> 00:19:14,867 Yeah, I'll dissent. 476 00:19:14,934 --> 00:19:17,066 - We're ready. - Yup. 477 00:19:17,133 --> 00:19:20,467 [dramatic musical sting] 478 00:19:20,533 --> 00:19:21,767 [Byrd] Court is back in session. 479 00:19:21,834 --> 00:19:24,100 Parties are reminded you're still under oath. 480 00:19:24,166 --> 00:19:26,066 - Thank you, Byrd. - You're welcome. 481 00:19:26,133 --> 00:19:28,166 - Vella family. - Yes, ma'am. 482 00:19:28,233 --> 00:19:31,533 The verdict of our Tribunal family is not at all unanimous. 483 00:19:31,600 --> 00:19:33,200 We had a spirited debate, 484 00:19:33,266 --> 00:19:35,900 and Judge Levy is dissenting. 485 00:19:35,967 --> 00:19:39,533 Judge Levy, Ms. Vella, believes that you've not met your burden 486 00:19:39,600 --> 00:19:42,900 of convincing the court by a preponderance of the evidence of your claims. 487 00:19:42,967 --> 00:19:46,567 Judge DiMango and I, we do not believe you're entitled to $10,000. 488 00:19:46,633 --> 00:19:48,400 - Uh-hmm. - There's plenty of evidence 489 00:19:48,467 --> 00:19:50,600 that there is a lot of things that you did, 490 00:19:50,667 --> 00:19:53,667 you did, that the landlord had problems with. 491 00:19:53,734 --> 00:19:55,834 So we don't think it's fair to assess 492 00:19:55,900 --> 00:19:57,633 - all of that to your nephew. - Okay. 493 00:19:57,700 --> 00:20:00,667 We do though believe that you, sir, 494 00:20:00,734 --> 00:20:03,533 bear some responsibility for this drainage problem. 495 00:20:03,600 --> 00:20:05,867 So it is the verdict of Judge DiMango and I 496 00:20:05,934 --> 00:20:10,333 that you will pay your aunt $2,500 toward that damage. 497 00:20:10,400 --> 00:20:13,200 Now, I can't order you to do this, 498 00:20:13,266 --> 00:20:15,066 but I'm just gonna throw this out there. 499 00:20:15,133 --> 00:20:18,333 At one point, when you were going through a hard time 500 00:20:18,400 --> 00:20:22,133 and you were recalibrating to civilian life, you said, 501 00:20:22,200 --> 00:20:25,166 "Let's work together and try to be a family." 502 00:20:25,233 --> 00:20:27,800 This lawsuit is now behind you. 503 00:20:27,867 --> 00:20:32,900 Family is way more important than a silly fight over some money. 504 00:20:32,967 --> 00:20:34,233 That's all I've got on that. 505 00:20:34,300 --> 00:20:37,600 The verdict of the court is in your favor, ma'am, for $2,500. 506 00:20:37,667 --> 00:20:38,667 Good luck to you both. 507 00:20:38,734 --> 00:20:40,000 - Thank you. - [gavel bangs] 508 00:20:40,667 --> 00:20:41,967 [Byrd] This case has now concluded. 509 00:20:42,033 --> 00:20:44,700 Parties are excused. You may step out. 510 00:20:44,767 --> 00:20:48,233 [theme music plays] 511 00:20:48,300 --> 00:20:50,900 My heart was kinda--I'm crying because I miss my nephew, 512 00:20:50,967 --> 00:20:53,100 but at the same time, my nephew was standing there lying. 513 00:20:53,166 --> 00:20:55,400 She can do her thing, but I'm no longer gonna be talking with her. 514 00:20:55,467 --> 00:20:57,300 He blocked me from phone. 515 00:20:57,367 --> 00:20:58,967 I don't think the family can go back together. 516 00:20:59,033 --> 00:21:01,533 - From Instagram. - Definitely separated us. 517 00:21:01,600 --> 00:21:03,900 From Facebook. I couldn't get a hold of Richard anywhere. 518 00:21:03,967 --> 00:21:06,567 I mean, it's family, I didn't wanna fight my family. 519 00:21:06,633 --> 00:21:09,433 If he can man up and say, "What's done is done, Auntie, 520 00:21:09,500 --> 00:21:13,300 and yeah, I did that and let's," you know, I might consider it. 521 00:21:13,367 --> 00:21:14,567 - Okay. - All right. 522 00:21:14,633 --> 00:21:15,633 - Shake my hand. - Just shake on it. 523 00:21:15,700 --> 00:21:16,700 - Yeah. - All right. 524 00:21:17,066 --> 00:21:18,467 [announcer] Are you being sued? 525 00:21:18,533 --> 00:21:21,700 Let Tribunal Justice decide your case. 526 00:21:21,767 --> 00:21:26,066 Find us on social media at Tribunal Justice. 527 00:21:26,133 --> 00:21:29,367 ["Ride of the Valkyries" plays]