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This is not the first time
that he's cheated on me.

2
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Did you sign this promissory note?

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She said, you're gonna sign these
or I'm gonna make your life miserable.

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00:00:07,767 --> 00:00:10,700
You say, there are a few things
that we need to agree on

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in exchange for your freedom.

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00:00:13,066 --> 00:00:16,834
Quite frankly, I view your relationship
with him to be abusive on your end.

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He's the cheater. He's a liar.

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Let it go.

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The best vengeance in the world
is moving forward with your life.

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[narrator]
Now, on Tribunal Justice.

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[theme music playing]

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[narrator] Today's case
was filed in Redwood City, California.

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Your Honor, this is case number 3080
on the calendar

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00:00:57,867 --> 00:01:01,633
in the matter of
Macariola versus Chartrand.

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-Thank you, Byrd.
-Uh-huh.

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Parties have been sworn in.
You may be seated.

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Ma'am, have a seat, please.

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Ms. Macariola, you
and the defendant, Mr. Chartrand

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were in a 16-year relationship.

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You maintain, ma'am, that when it ended,

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he agreed to pay certain
of your living expenses.

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And you're now suing him because
you say that he violated that agreement.

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You also claim that after he moved out,
you lost your job because of him.

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You're asking for our court maximum
of $10,000,

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which includes your claim
for living expenses, rent,

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and also for punitive damages.

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Mr. Chartrand, you say
that she's made demands of you,

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threatened you, made up her own rules
and forced you to live by them.

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You, in fact, have a countersuit
against her for $9,018.

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You want her to pay her portion
of the rent and utilities

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that you maintain she never paid.

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And you also want her
to return certain of your belongings.

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You're also asking that we order her
to apologize

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for insulting your new partner.

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[Lionel]
Yes.

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[Acker]
Can we put up Exhibit 13?

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'Cause I think it's sometimes nice
to start in the beginning,

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before things got so volatile.

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So, ma'am, this is you
and the defendant in happier times.

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-[Debbie] Yes.
-[Acker] Right there.

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You submitted this evidence.

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Why was it important
for us to see that?

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Well, because we did have a relationship.

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Though we were not married,
we were living as husband and wife.

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We had planned for our future.
We had planned for our retirement.

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-Until...
-[Acker] Sixteen years is a long time.

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It's a long time.

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-You were both living in a rented home?
-Yes.

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-Who was on the lease?
-Both of us.

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-[Acker] You were both on the lease?
-Yes.

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00:02:40,567 --> 00:02:43,333
[Acker]
So, fast forward 16 years.

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00:02:43,400 --> 00:02:46,500
Can we put up Exhibit 14, please?

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00:02:46,567 --> 00:02:49,400
Ms. Macariola, you said,
I think you hate me.

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And you've made a point, sir,
of saying, I don't.

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I was hoping we could separate
on a friendly basis.

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Do you remember around approximately when
you sent that text message?

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Was it before or after you moved out
on November 18th?

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-I believe it was before.
-[Acker] It was before.

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Because at this point,
things seem to be fairly civil.

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Then we come to the time
whereupon you move out.

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Can we please put up the promissory note?

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-Well, actually, Your Honor...
-Yes.

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Um, in June is when I discovered

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that his now fiancée was pursuing him.

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'Cause he is a karaoke DJ
at the lounge

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where they managed
to get me 86'd and lose my job.

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00:03:31,500 --> 00:03:36,066
We'll address that. Right now, though,
I want to focus on the promissory note.

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So, November 18th, 2024,
this is a note

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in which you detail what you maintain
will be his obligations to you.

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When did you write it?
I know that it's dated on the 18th...

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I wrote it on the morning of the 18th.

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[Acker] You wrote it the morning
he was moving out.

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November 16, we went out as a couple.
We went to a karaoke show.

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We even had a romantic evening.
That was a Saturday night.

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And then, Sunday, he claimed
he was gonna go to his job,

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00:04:04,467 --> 00:04:09,867
and when he came back,
he was very quiet, very cold.

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00:04:09,934 --> 00:04:12,834
And I asked him what are our plans
for Thanksgiving.

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I don't know.
What are our plans for Christmas?

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-I don't know.
-[Acker] You knew something was going on.

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-Something was wrong.
-[Acker] You knew there was somebody else.

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00:04:19,899 --> 00:04:23,332
You also knew that about him.
I saw a text message where you said,

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when he met you,
he was married to somebody else.

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-And had a girlfriend on the side.
-Yes.

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-[Acker] And you.
-[Debbie] Yes.

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[Acker]
Fast forward, here we are.

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-I want to talk about the promissory note.
-Mm-hmm.

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[Acker]
Sir, did you sign this promissory note?

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Yes.

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00:04:37,433 --> 00:04:40,133
Can you describe the circumstances
under which you signed this?

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I was heading out the front door
and she was yelling at me.

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She says, you're gonna sign these
or I'm gonna make your life miserable.

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00:04:46,967 --> 00:04:50,200
She threatened to turn me
into the police department

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00:04:50,266 --> 00:04:55,667
and she mentioned S.W.A.T. about...
I have a collection of rifles and guns.

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I'm a sport hunter.

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And none of 'em are registered.

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In California, it's a voluntary act.

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00:05:01,700 --> 00:05:05,633
[Acker] So, she made threats.
This is the duress that you refer to.

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00:05:05,700 --> 00:05:07,333
-Yes.
-[Acker] Now, I want to talk

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00:05:07,400 --> 00:05:09,066
about the content of the note, ma'am,

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00:05:09,133 --> 00:05:11,834
because you give him a whole list
of things he has to do.

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00:05:11,900 --> 00:05:15,433
He has to pay the rent, he has to
keep you as his insurance beneficiary.

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-There's a myriad of items you demand.
-Mm-hmm.

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00:05:18,600 --> 00:05:19,700
Yes.

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You say, there are a few things
that we need to agree on

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in exchange for your freedom.

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Now, tell me what you mean by that.

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Well, because after...

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This is not the first time
that he's cheated on me.

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This is actually the third and final time.

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And I was the one that asked him to leave.

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[Acker] Let me explain to you what
I see is the legal status of your note

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because in order for any contract
to be enforceable,

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there has to be
what's known as consideration.

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Right? So, if you agree to do X for me,
then you have to get something

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in exchange for that.
That's the consideration.

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The consideration that you're purporting
to offer in this note is his freedom.

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And that's not anything...
You don't own that.

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If you go to page two, Your Honor,
it also states

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in exchange for his freedom,
in addition to that,

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it says that he can
store his stuff there...

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That's the right answer.

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But in order for that to constitute
legal consideration,

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it has to be something
that was bargained for.

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He has to say, you know what,
I need to store my things here.

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And secondly, if you're on the lease
and he's on the lease,

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then you don't have the right
to withhold from him

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the opportunity to store his things.

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He's a legal resident
and occupant of that home.

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Well, until February 18th.

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[Acker]
What happens on February 18th?

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[dramatic music playing]

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[narrator]
Coming up on Tribunal Justice.

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When you first met him,
he was married, had a girlfriend,

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had this and had you.

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00:06:43,767 --> 00:06:46,066
You know, there's an expression
we use in Brooklyn

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00:06:46,133 --> 00:06:48,066
which is,
"cheat with me, cheat on me."

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It's gonna happen.

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00:06:52,066 --> 00:06:53,734
[theme music playing]

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[narrator] Debbie Macariola
says cheating ex-boyfriend

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00:06:56,467 --> 00:06:59,600
Lionel Chartrand agreed
to support her after they broke up.

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00:06:59,667 --> 00:07:01,867
Now, she wants $10,000

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00:07:01,934 --> 00:07:05,467
for living expenses and punitive damages
after he quit paying.

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00:07:05,533 --> 00:07:07,934
But Lionel claims he only agreed
to support Debbie

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00:07:08,000 --> 00:07:10,100
after she threatened to call the police.

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00:07:10,166 --> 00:07:14,166
He's countersuing for
belongings and expenses already paid.

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00:07:14,233 --> 00:07:16,367
If you're on the lease
and he's on the lease,

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00:07:16,433 --> 00:07:19,166
then you don't have the right
to withhold from him

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00:07:19,233 --> 00:07:22,000
the opportunity to store his things.

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00:07:22,066 --> 00:07:24,400
He's a legal resident
and occupant of that home.

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00:07:24,467 --> 00:07:26,133
Well, until February 18th.

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[Acker]
What happens on February 18th?

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I signed a new lease.

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00:07:29,567 --> 00:07:31,667
[Acker] When do you come
to pick up your things, sir?

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00:07:31,734 --> 00:07:32,967
I think it was a week after.

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00:07:33,033 --> 00:07:35,033
And then, what happened
when you got there?

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00:07:35,100 --> 00:07:38,233
[Lionel] She wasn't there.
I entered the home. I had my own keys.

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And I proceeded to the bedroom
to remove my bedroom set.

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Started dismantling it.

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Our bedroom set.

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00:07:43,467 --> 00:07:44,800
[Lionel] And then, she shows up

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00:07:44,867 --> 00:07:47,667
and starts readin' me the riot act
and yelling at me.

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00:07:47,734 --> 00:07:49,200
She says she's gonna
call the police.

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00:07:49,266 --> 00:07:50,400
[Acker]
You did call the police.

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00:07:50,467 --> 00:07:52,200
-Yes, I did, ma'am.
-[Lionel] Can I clarify that?

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00:07:52,266 --> 00:07:53,133
Of course, sir.

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00:07:53,200 --> 00:07:54,867
[Lionel]
I asked her to call the police.

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00:07:54,933 --> 00:07:58,066
Half an hour goes by, approximately,
and no police show up.

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00:07:58,133 --> 00:08:01,066
And I asked her, did you call the police?
She said, yes, I did.

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00:08:01,133 --> 00:08:02,900
So, I said, no, I will call the police.

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00:08:02,967 --> 00:08:05,233
I called the police
and they were there in five minutes.

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00:08:05,300 --> 00:08:07,166
Any reason why you couldn't come before?

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00:08:07,233 --> 00:08:11,700
I work for a company,
we do power for television, sports.

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00:08:11,767 --> 00:08:12,767
Whoop-di-do.

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00:08:12,834 --> 00:08:14,667
[Acker]
Were you able to retrieve your items?

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00:08:14,734 --> 00:08:17,934
I retrieved what I had to have
out of the house.

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A lot of stuff missing.

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00:08:19,400 --> 00:08:23,332
But you're now suing for the return
of the remainder of those items.

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00:08:23,400 --> 00:08:26,133
And then, I note
that of particular import to you

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is a tool set
that you have in the basement.

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00:08:28,567 --> 00:08:29,567
That's correct.

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00:08:29,633 --> 00:08:31,400
-[Acker] You still have his tool set?
-No.

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00:08:31,467 --> 00:08:33,165
-[Acker] What happened to it?
-Sold it.

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00:08:33,232 --> 00:08:36,000
[Acker] You sold it.
How much did you get for the tools?

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00:08:36,066 --> 00:08:37,200
[Debbie]
Two thousand dollars.

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00:08:37,265 --> 00:08:39,799
[Acker] Why did you think you
had the right to sell his property?

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00:08:39,866 --> 00:08:43,799
Because I gave him notice.
Um, Civil Code 1983

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00:08:43,866 --> 00:08:47,467
which says I can give him 15 days.
And after 15 days...

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00:08:47,533 --> 00:08:49,133
[Acker]
Let me interrupt you.

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00:08:49,200 --> 00:08:53,200
The Civil Code section you refer to,
Section 1983 of the California Civil Code,

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00:08:53,266 --> 00:08:56,667
applies to landlords.
What that provision says is

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00:08:56,734 --> 00:08:59,800
that if the tenant's items
are still on the property

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00:08:59,867 --> 00:09:01,934
-after the conclusion of the lease...
-Mm-hmm.

193
00:09:02,000 --> 00:09:06,000
[Acker] ...then the landlord has the right
to dispose of those items.

194
00:09:06,066 --> 00:09:08,834
While you are responsible
for that property,

195
00:09:08,900 --> 00:09:11,734
that doesn't necessarily give you
the unilateral right

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00:09:11,800 --> 00:09:14,233
to dispose of his property
as you choose.

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00:09:14,300 --> 00:09:17,266
I'm gonna pass the case for the moment
to Judge DiMango.

198
00:09:17,333 --> 00:09:21,000
You know, I'm listening to you
and your tone and your demeanor,

199
00:09:21,066 --> 00:09:23,166
and you, and I'm watching you.

200
00:09:23,233 --> 00:09:27,133
And this is a very messy, messy situation.

201
00:09:27,200 --> 00:09:29,166
But the truth is, it's your fault.

202
00:09:29,233 --> 00:09:33,400
Because of the way you have
engaged in your personal life.

203
00:09:33,467 --> 00:09:37,567
I mean, she's angry.
But your anger is really kinda misplaced.

204
00:09:37,633 --> 00:09:41,333
'Cause you're really angry at her.
Which is why you insulted her.

205
00:09:41,400 --> 00:09:45,333
And you two ladies, like it or not,
are exactly the same.

206
00:09:45,400 --> 00:09:48,433
When you first met him,
he was married, had a girlfriend,

207
00:09:48,500 --> 00:09:51,000
had this and had you.
Same for you.

208
00:09:51,066 --> 00:09:53,300
You know, there's an expression
we use in Brooklyn

209
00:09:53,367 --> 00:09:55,266
which is,
"cheat with me, cheat on me."

210
00:09:55,333 --> 00:09:56,333
It's gonna happen.

211
00:09:56,400 --> 00:09:58,100
-Yes, ma'am.
-[DiMango] That's who he is.

212
00:09:58,165 --> 00:10:00,567
Yeah, he's got guns,
but he's absolutely right.

213
00:10:00,633 --> 00:10:03,667
In California, the law is
that he does not have to register.

214
00:10:03,734 --> 00:10:05,467
They're long arms, most of them.

215
00:10:05,533 --> 00:10:07,900
-[Debbie] Yeah.
-[DiMango] They're locked up.

216
00:10:07,967 --> 00:10:09,734
Can we have photos of the guns?

217
00:10:09,800 --> 00:10:12,133
They're in the home, they're locked up.
They're safe.

218
00:10:12,200 --> 00:10:15,133
And the law is on his side
with regard to this.

219
00:10:15,200 --> 00:10:17,467
You want him in jail?
Is that gonna make you feel better?

220
00:10:17,533 --> 00:10:19,967
No, ma'am.
What I didn't appreciate

221
00:10:20,033 --> 00:10:22,166
was when he trespassed...

222
00:10:22,233 --> 00:10:25,533
Oh, come on, stop. That's baloney.
It's him, period.

223
00:10:25,600 --> 00:10:26,700
May I talk?

224
00:10:26,767 --> 00:10:28,266
What are you going to explain?

225
00:10:28,333 --> 00:10:29,934
I've not been happy for many years.

226
00:10:30,000 --> 00:10:31,834
-[DiMango] That doesn't matter.
-You should've left.

227
00:10:31,900 --> 00:10:33,567
[DiMango]
Thank you. She's right about that.

228
00:10:33,633 --> 00:10:35,467
But you've got to follow the law.

229
00:10:35,533 --> 00:10:38,600
And the law here is
whether or not that promissory note

230
00:10:38,667 --> 00:10:41,400
was voluntarily signed.
Whether or not your threats

231
00:10:41,467 --> 00:10:46,600
that you would withhold his property is
sufficient as consideration in here.

232
00:10:46,667 --> 00:10:49,800
Because to say while I was living with him
and we were sleeping together,

233
00:10:49,867 --> 00:10:51,734
that's not legal consideration.

234
00:10:51,800 --> 00:10:53,500
'Cause that would make prostitution legal.

235
00:10:53,567 --> 00:10:56,165
So, that's not really
what this is about.

236
00:10:56,233 --> 00:11:00,100
It's about, could you say to him,
you are not legally married.

237
00:11:00,166 --> 00:11:03,834
You know, that's a problem.
There's no palimony here in California.

238
00:11:03,900 --> 00:11:06,800
There's no seven years
living together rule.

239
00:11:06,867 --> 00:11:09,734
There's none of that.
This is just a promissory note.

240
00:11:09,800 --> 00:11:13,000
You telling him, sign this
'cause I want these things.

241
00:11:13,066 --> 00:11:16,066
And basically, he's saying,
you know, I don't really have to.

242
00:11:16,133 --> 00:11:19,000
Actually, Judge,
the morning of the 18th,

243
00:11:19,066 --> 00:11:21,433
he was the one who told me,

244
00:11:21,500 --> 00:11:24,300
don't worry, I will take care of you.

245
00:11:24,367 --> 00:11:28,567
I will pay for the rent,
and I will help support you.

246
00:11:28,633 --> 00:11:31,100
That's what he said,
and I put it in writing.

247
00:11:31,166 --> 00:11:34,033
Hold on. Did you say to her
that you were going to take care

248
00:11:34,100 --> 00:11:35,467
-of the rent and things?
-No.

249
00:11:35,533 --> 00:11:39,400
Did you ever say you were gonna help her
in some way because of her illnesses?

250
00:11:39,467 --> 00:11:41,100
-Did you ever say anything...
-No.

251
00:11:41,165 --> 00:11:42,333
-Liar!
-[Byrd] Miss...

252
00:11:42,400 --> 00:11:44,500
-[Debbie] You're a liar.
-Miss, miss, stop.

253
00:11:44,567 --> 00:11:45,567
[scoffs]

254
00:11:45,633 --> 00:11:47,066
[DiMango]
Let me say this to you.

255
00:11:47,133 --> 00:11:50,967
You've got to get yourself in a place
where you're not this angry,

256
00:11:51,033 --> 00:11:53,600
because you're not gonna be happy
with who you are.

257
00:11:53,667 --> 00:11:54,767
Judge Levy?

258
00:11:54,834 --> 00:11:58,100
[Levy] I agree with Judge Acker
and Judge DiMango on this point.

259
00:11:58,165 --> 00:12:01,667
That there's no way that I see
that agreement as being enforceable.

260
00:12:01,734 --> 00:12:04,934
Well, I just put in writing, sir,
what he told me that morning.

261
00:12:05,000 --> 00:12:06,133
[Levy]
Okay, that's not true.

262
00:12:06,200 --> 00:12:08,433
Because I know
that he's a pathological liar.

263
00:12:08,500 --> 00:12:10,600
This is what he told you that morning.

264
00:12:10,667 --> 00:12:13,066
That he would maintain
the joint checking account

265
00:12:13,133 --> 00:12:16,967
because that's where your social security
is deposited automatically,

266
00:12:17,033 --> 00:12:20,300
and also that would make it easier
to transfer money to you.

267
00:12:20,367 --> 00:12:22,900
These are all things you claim
he said in the morning?

268
00:12:22,967 --> 00:12:24,066
-Yes...
-[Levy] Is that true?

269
00:12:24,133 --> 00:12:25,467
-No.
-[Levy] No, of course not.

270
00:12:25,533 --> 00:12:27,400
He said to you that morning
that the reason

271
00:12:27,467 --> 00:12:29,900
he's gonna keep you
on the joint account is

272
00:12:29,967 --> 00:12:32,767
because your settlement check
will be deposited there.

273
00:12:32,834 --> 00:12:35,667
And he told you that it
could no longer be changed.

274
00:12:35,734 --> 00:12:37,967
That is, you had a lawsuit pending.

275
00:12:38,033 --> 00:12:39,033
-Right?
-Yes, sir.

276
00:12:39,100 --> 00:12:41,000
-[Levy] Against Johnson & Johnson, right?
-Yes, sir.

277
00:12:41,066 --> 00:12:45,533
[Levy] And you told him
that he had to keep that checking account

278
00:12:45,600 --> 00:12:48,066
in joint names
because your settlement check

279
00:12:48,133 --> 00:12:50,233
could only go to that joint account.

280
00:12:50,300 --> 00:12:52,633
He told you that
or you told him that?

281
00:12:52,700 --> 00:12:56,066
-No, we agreed on that.
-[Levy] I don't buy that for a second.

282
00:12:56,133 --> 00:12:57,633
You claim also, in that letter,

283
00:12:57,700 --> 00:13:01,467
that he agreed to keep the AARP membership
in your name?

284
00:13:01,533 --> 00:13:03,300
-No.
-No, I asked him to.

285
00:13:03,367 --> 00:13:06,100
-[chuckles] Did you agree to keep it...
-No.

286
00:13:06,166 --> 00:13:07,633
[Levy]
No, of course not.

287
00:13:07,700 --> 00:13:11,767
Or that he would agree
to maintain your Mercedes indefinitely?

288
00:13:11,834 --> 00:13:13,934
-Did you tell that to her?
-Absolutely not.

289
00:13:14,000 --> 00:13:16,266
[Levy] Of course not.
These are a few things

290
00:13:16,333 --> 00:13:20,433
that we need to agree, quote,
"in exchange for your freedom."

291
00:13:20,500 --> 00:13:24,333
Can you imagine what would happen
if a man said that to a woman?

292
00:13:24,400 --> 00:13:27,100
'Cause quite frankly,
I view your relationship with him

293
00:13:27,166 --> 00:13:28,600
to be abusive on your end.

294
00:13:28,667 --> 00:13:30,000
[dramatic music playing]

295
00:13:30,066 --> 00:13:32,333
[narrator]
Coming up on Tribunal Justice.

296
00:13:32,400 --> 00:13:34,400
How long have you known,

297
00:13:34,467 --> 00:13:38,300
and how long have you been in possession
of those unregistered guns?

298
00:13:38,367 --> 00:13:40,867
How long have you been breaking the law
along with him?

299
00:13:43,900 --> 00:13:45,533
[theme music playing]

300
00:13:45,600 --> 00:13:48,700
[narrator] Debbie Macariola
claims ex-boyfriend

301
00:13:48,767 --> 00:13:52,033
Lionel Chartrand agreed to support her
after they broke up,

302
00:13:52,100 --> 00:13:55,500
but he stopped.
So, she's suing for $10,000.

303
00:13:55,567 --> 00:13:57,600
But Lionel says he only agreed

304
00:13:57,667 --> 00:14:00,333
because Debbie threatened
to call the police.

305
00:14:00,400 --> 00:14:04,734
Now, he's countersuing for
belongings and expenses already paid.

306
00:14:04,800 --> 00:14:08,033
These are a few things
that we need to agree,

307
00:14:08,100 --> 00:14:10,500
quote, "in exchange for your freedom."

308
00:14:10,567 --> 00:14:14,367
Can you imagine what would happen
if a man said that to a woman?

309
00:14:14,433 --> 00:14:17,000
'Cause quite frankly,
I view your relationship with him

310
00:14:17,066 --> 00:14:18,600
to be abusive on your end.

311
00:14:18,667 --> 00:14:20,934
How did I victimize him
when he's the cheater?

312
00:14:21,000 --> 00:14:22,233
He's a liar.

313
00:14:22,300 --> 00:14:25,533
This is what he said to you
on August 13th in a text.

314
00:14:25,600 --> 00:14:28,867
He says, I slowly lost my love for you,
it will never come back.

315
00:14:28,934 --> 00:14:33,367
I'm not angry with you. All your threats
drove me even further from you.

316
00:14:33,433 --> 00:14:37,700
You responded, you had not only a wife
when we met, but a mistress too.

317
00:14:37,767 --> 00:14:39,767
You dropped the other two
like hot potatoes

318
00:14:39,834 --> 00:14:41,533
with regard for their feelings.

319
00:14:41,600 --> 00:14:44,500
Only cared about chasing the love
you needed to have,

320
00:14:44,567 --> 00:14:48,834
which is ruled by your penis.
Here you go again. That's what you said.

321
00:14:48,900 --> 00:14:49,900
Yes.

322
00:14:49,967 --> 00:14:52,633
[Levy] You go on;
I also heard you sing your songs

323
00:14:52,700 --> 00:14:56,066
to me then and to her now.
That's his new girlfriend, right?

324
00:14:56,133 --> 00:14:57,800
-[Debbie] Yes, sir.
-[Levy] You told him

325
00:14:57,867 --> 00:15:00,467
I made you look good.
I taught you how to dress.

326
00:15:00,533 --> 00:15:02,667
You were trailer trash
when I met you.

327
00:15:02,734 --> 00:15:04,867
-I taught you table manners.
-[Debbie] Yes, I did.

328
00:15:04,934 --> 00:15:08,033
I had to make you acceptable
to my family and friends.

329
00:15:08,100 --> 00:15:12,467
And finally, this issue with the guns.
'Cause that's really important to me.

330
00:15:12,533 --> 00:15:16,066
You provided us with a photograph
of the guns, right?

331
00:15:16,133 --> 00:15:17,567
[Debbie]
Yes, I did.

332
00:15:17,633 --> 00:15:20,667
You knew that these guns
were not registered, correct?

333
00:15:20,734 --> 00:15:25,233
How long have you known and
how long have you been in possession

334
00:15:25,300 --> 00:15:26,967
of those unregistered guns?

335
00:15:27,934 --> 00:15:29,100
You!

336
00:15:29,166 --> 00:15:30,667
They're his, they're not mine.

337
00:15:30,734 --> 00:15:33,133
[Levy] Doesn't make a difference.
You're both in possession of them.

338
00:15:33,200 --> 00:15:35,800
You both live in the house.
You both have access to them.

339
00:15:35,867 --> 00:15:38,433
How long have you been breaking the law
along with him?

340
00:15:38,500 --> 00:15:39,667
I'm done.

341
00:15:39,734 --> 00:15:41,700
-[DiMango] Any further questions?
-[Acker] Yes. Ma'am...

342
00:15:41,767 --> 00:15:42,800
What's your name, please?

343
00:15:42,867 --> 00:15:44,800
Wilhelmina Malinao.

344
00:15:44,867 --> 00:15:46,934
If you could please,
take the stand briefly.

345
00:15:47,000 --> 00:15:50,934
And this dovetails to some extent, sir,
with your countersuit.

346
00:15:51,000 --> 00:15:55,734
Because you are countersuing the plaintiff
for rent, for utilities,

347
00:15:55,800 --> 00:16:00,700
and you want us to order her
to apologize for calling your new partner

348
00:16:00,767 --> 00:16:04,133
a name that I don't think is worth
repeating here.

349
00:16:04,200 --> 00:16:09,100
But why should I impose on her
a rental obligation at that point?

350
00:16:09,166 --> 00:16:12,400
Because it seems like, listen,
you're still on the lease.

351
00:16:12,467 --> 00:16:14,767
You felt badly that she felt badly.

352
00:16:14,834 --> 00:16:18,800
And this is separate from whether or not
that agreement is enforceable.

353
00:16:18,867 --> 00:16:23,033
I'm just saying, I don't see any basis
for now saying she has to pay rent.

354
00:16:23,100 --> 00:16:25,367
Like, you were paying for things.
When she got a new lease,

355
00:16:25,433 --> 00:16:26,533
then she pays the rent.

356
00:16:26,600 --> 00:16:30,133
I understand what you're saying.
I would've never taken it this far.

357
00:16:30,200 --> 00:16:34,600
But because she brought me here,
this is why this all came about.

358
00:16:34,667 --> 00:16:36,834
All I want her to do is
just walk away.

359
00:16:36,900 --> 00:16:39,033
It was really kind of,
you're suing me,

360
00:16:39,100 --> 00:16:41,333
so I'm gonna throw something
back atcha.

361
00:16:41,400 --> 00:16:46,600
That's candid. And then, the final point
with respect to your counterclaim,

362
00:16:46,667 --> 00:16:50,500
there is a Facebook post, ma'am,
that the defendant submitted

363
00:16:50,567 --> 00:16:54,266
where you made reference to his girlfriend
breaking up your family.

364
00:16:54,333 --> 00:16:56,233
And you don't deny making that post.

365
00:16:56,300 --> 00:16:57,433
No, I don't.

366
00:16:57,500 --> 00:17:00,200
-[Acker] She uses the term "home wrecker."
-Yes.

367
00:17:00,266 --> 00:17:04,165
I don't know that we have jurisdiction
to order her to apologize,

368
00:17:04,233 --> 00:17:08,767
um, that that's necessarily actionable,
but I'll discuss it with my colleagues.

369
00:17:08,834 --> 00:17:10,099
I don't have anything else.

370
00:17:10,165 --> 00:17:12,233
Do you really feel that
that's important to you,

371
00:17:12,300 --> 00:17:15,900
or have you been able
to put this into perspective, ma'am?

372
00:17:15,967 --> 00:17:19,266
Um, I would just like to stop her

373
00:17:19,333 --> 00:17:22,233
from going where we go.

374
00:17:22,300 --> 00:17:26,165
'Cause for the past three years
that they were together,

375
00:17:26,233 --> 00:17:29,734
as a DJ, she never attended
any of the shows.

376
00:17:29,800 --> 00:17:33,700
But when I came to his life,
she started coming along.

377
00:17:33,767 --> 00:17:36,233
So, you're upset about that.
I understand that.

378
00:17:36,300 --> 00:17:37,767
You all have to stay...

379
00:17:37,834 --> 00:17:40,433
Yeah, you all have to stay
out of each other's business.

380
00:17:40,500 --> 00:17:45,233
And ma'am, do you understand
that she's not to blame

381
00:17:45,300 --> 00:17:47,967
any more than you were to blame
in your situation.

382
00:17:48,033 --> 00:17:49,800
Do you understand that?

383
00:17:49,867 --> 00:17:52,633
It's nothing about you.
Let it go.

384
00:17:52,700 --> 00:17:57,266
The best vengeance in the world
is moving forward with your life.

385
00:17:57,333 --> 00:18:00,333
Okay, that being said,
we're gonna retire to deliberate.

386
00:18:00,400 --> 00:18:02,333
-You can have a seat.
-Yes, ma'am.

387
00:18:02,400 --> 00:18:04,400
Court now stands in recess.

388
00:18:04,467 --> 00:18:07,033
This case will be recalled.
Parties are excused.

389
00:18:15,433 --> 00:18:18,734
Let's start with the complaint.
The promissory note is,

390
00:18:18,800 --> 00:18:21,734
to put it mildly, problematic.
There's no consideration.

391
00:18:21,800 --> 00:18:25,867
Even if you were to suggest,
as I think she tried to,

392
00:18:25,934 --> 00:18:30,367
that his storage of the property there
was the thing he bargained for,

393
00:18:30,433 --> 00:18:32,533
he still had some right
to have his property there.

394
00:18:32,600 --> 00:18:35,433
So, the agreement, I think,
is clearly unenforceable.

395
00:18:35,500 --> 00:18:39,100
I'm not prepared to impose
any sort of punitive damage liability

396
00:18:39,166 --> 00:18:42,667
on the defendant. You know,
I don't know that she really elaborated,

397
00:18:42,734 --> 00:18:47,066
but I guess what she's referring to
when she says that she lost her job,

398
00:18:47,133 --> 00:18:49,433
it's because he DJs at a place,

399
00:18:49,500 --> 00:18:52,500
and I think she may have worked there
as a bartender.

400
00:18:52,567 --> 00:18:55,900
She was tending bar two days a week,
and they took those days away.

401
00:18:55,967 --> 00:18:58,000
-Yeah, because...
-There was conflict.

402
00:18:58,066 --> 00:18:59,934
There was conflict.
She was creating a scene.

403
00:19:00,066 --> 00:19:01,667
So, I'm not gonna blame him for that.

404
00:19:01,734 --> 00:19:04,300
I would dismiss the complaint
in its entirety.

405
00:19:04,367 --> 00:19:06,967
I would absolutely dismiss it
in its entirety.

406
00:19:07,033 --> 00:19:10,033
There's no legal basis for the document
she had him sign.

407
00:19:10,100 --> 00:19:12,300
I mean, I looked carefully
at the California law.

408
00:19:12,367 --> 00:19:14,800
There is no palimony.
There is no seven year,

409
00:19:14,867 --> 00:19:17,700
if you live together,
we can treat you as a husband and wife.

410
00:19:17,767 --> 00:19:21,333
She is not entitled to anything.
There was no consideration in that.

411
00:19:21,400 --> 00:19:23,600
The storage situation;
she's not his landlord.

412
00:19:23,667 --> 00:19:26,600
He did have a right to keep the property
there, he was there awhile.

413
00:19:26,667 --> 00:19:29,300
And there was no agreement.
Listen, he is what he is.

414
00:19:29,367 --> 00:19:31,367
He was a liar and a cheater
from the beginning.

415
00:19:31,433 --> 00:19:33,934
She got involved with him.
She knew he cheated on her too.

416
00:19:34,000 --> 00:19:36,300
I don't know what she wants
punitive damages for.

417
00:19:36,367 --> 00:19:39,300
I don't see any basis for recovery
on that promissory note,

418
00:19:39,367 --> 00:19:42,100
or by any other oral or written agreement
that they have.

419
00:19:42,166 --> 00:19:47,767
I agree that there's no way to enforce
that coercive letter.

420
00:19:47,834 --> 00:19:49,900
The only thing I would add is
that I believe

421
00:19:49,967 --> 00:19:53,500
that he did make out his burden
of duress and coercion.

422
00:19:53,567 --> 00:19:56,066
And she was vindictive,
and she was angry,

423
00:19:56,133 --> 00:19:58,467
and Hell hath no fury
like a woman scorned.

424
00:19:58,533 --> 00:20:00,233
[Acker]
Which brings us to his countersuit.

425
00:20:00,300 --> 00:20:03,066
He says in his countersuit,
I'm not looking for money from her,

426
00:20:03,133 --> 00:20:05,066
but he actually is
looking for money from her.

427
00:20:05,133 --> 00:20:06,734
He's looking for money that he paid

428
00:20:06,800 --> 00:20:09,300
pursuant to
this clearly unenforceable agreement.

429
00:20:09,367 --> 00:20:12,033
Because he was afraid she was gonna
go to the police and have him arrested.

430
00:20:12,100 --> 00:20:14,266
-That's the whole duress.
-And ruin his life.

431
00:20:14,333 --> 00:20:16,000
And call the police about the guns.

432
00:20:16,066 --> 00:20:18,800
I was originally inclined
to dismiss the countersuit.

433
00:20:18,867 --> 00:20:22,066
Order her to return
whatever property she has.

434
00:20:22,133 --> 00:20:24,266
It's not clear she has
any of his property,

435
00:20:24,333 --> 00:20:26,700
or what state his property would be in,

436
00:20:26,767 --> 00:20:29,367
given the tensions that exist
between the two of them.

437
00:20:29,433 --> 00:20:34,400
I'm still inclined, I think,
to dismiss the rent claim.

438
00:20:34,467 --> 00:20:37,066
Because at some point,
even when he moved out,

439
00:20:37,133 --> 00:20:39,433
he was still on that lease
for a number of months,

440
00:20:39,500 --> 00:20:41,133
and he had some obligation to pay.

441
00:20:41,200 --> 00:20:44,066
And I'm troubled
by the unenforceable agreement

442
00:20:44,133 --> 00:20:47,066
that she forced him to sign
under threat.

443
00:20:47,133 --> 00:20:49,734
I'm leaning toward giving him
at least $2,000

444
00:20:49,800 --> 00:20:51,700
because she said she made that
on the transaction.

445
00:20:51,767 --> 00:20:53,667
I'm willing to give him
all he's asking for.

446
00:20:53,734 --> 00:20:56,867
If you look at the list he broke down,
he moved out on the 18th.

447
00:20:56,934 --> 00:21:00,667
And he's documented the bills
that he paid from his time of move out.

448
00:21:00,734 --> 00:21:04,433
November, December, January, February.
March for the cable.

449
00:21:04,500 --> 00:21:08,834
He was paying the auto insurance
from November through February.

450
00:21:08,900 --> 00:21:12,967
I mean, so, he really did exceed
the amount that he's asking for.

451
00:21:13,033 --> 00:21:16,433
So, I'm willing to give him
what he's asked for, $9,018.

452
00:21:16,500 --> 00:21:17,500
I agree.

453
00:21:17,567 --> 00:21:19,100
Um, let me give it a think.

454
00:21:19,166 --> 00:21:20,400
-You think about that.
-All right.

455
00:21:20,467 --> 00:21:22,533
See maybe where you could sell your tools.

456
00:21:22,600 --> 00:21:24,066
[both laugh]

457
00:21:26,367 --> 00:21:27,700
Court is back in session.

458
00:21:27,767 --> 00:21:29,700
Parties are reminded
you're still under oath.

459
00:21:29,767 --> 00:21:31,133
-Thank you, Byrd.
-Mm-hmm.

460
00:21:31,200 --> 00:21:33,967
We've deliberated
and we've reached a verdict

461
00:21:34,033 --> 00:21:36,000
that is in fact unanimous.

462
00:21:36,066 --> 00:21:38,667
I'm gonna start with the complaint,
Ms. Macariola.

463
00:21:38,734 --> 00:21:43,567
You came to court suing on the basis
of the promissory note that you drafted.

464
00:21:43,633 --> 00:21:47,700
But that agreement, such as it is,
just doesn't comport

465
00:21:47,767 --> 00:21:50,500
with the legal requirements
to be a valid contract.

466
00:21:50,567 --> 00:21:52,333
There was no consideration.

467
00:21:52,400 --> 00:21:56,133
He did have some right
to continue to store his belongings there

468
00:21:56,200 --> 00:21:59,567
for some period of time.
You did not have the right to sell them.

469
00:21:59,633 --> 00:22:04,033
So, even if that were the consideration
for which he was bargaining,

470
00:22:04,100 --> 00:22:05,500
that wouldn't be sufficient,

471
00:22:05,567 --> 00:22:07,867
because he did had a right
to still keep his property there.

472
00:22:07,934 --> 00:22:11,133
And you did not have the right
to withhold from him his freedom.

473
00:22:11,200 --> 00:22:13,333
-You didn't have that right.
-Yes, I know that.

474
00:22:13,400 --> 00:22:17,066
You're certainly angry, and I'm not saying
you don't have a right to be.

475
00:22:17,133 --> 00:22:20,100
But those things
just can't support a lawsuit.

476
00:22:20,166 --> 00:22:23,533
So, ma'am,
we are unanimous in dismissing it.

477
00:22:23,600 --> 00:22:28,166
Mr. Chartrand, I was actually conflicted
about your countersuit.

478
00:22:28,233 --> 00:22:31,700
Because you are suing her for rent
and some other obligations

479
00:22:31,767 --> 00:22:35,767
that on the one hand, I'm like,
maybe these are things he agreed to do

480
00:22:35,834 --> 00:22:38,567
as he'd been doing them
when they were together.

481
00:22:38,633 --> 00:22:42,133
But upon hearing further testimony
and consulting with my colleagues,

482
00:22:42,200 --> 00:22:46,066
I do believe, as both Judges Levy
and DiMango do,

483
00:22:46,133 --> 00:22:50,834
that you made those later rent payments
and other payments that you made to her

484
00:22:50,900 --> 00:22:55,467
because you were under the impression
that you had to comply with an agreement

485
00:22:55,533 --> 00:22:58,367
that one,
was not only legally unenforceable,

486
00:22:58,433 --> 00:23:01,100
but that we do believe that you signed it

487
00:23:01,166 --> 00:23:03,266
because she was threatening
to go to the police

488
00:23:03,333 --> 00:23:06,834
and to report you to authorities for
things that could've been compromising,

489
00:23:06,900 --> 00:23:09,266
-even if there was no basis for them.
-Yes, ma'am.

490
00:23:09,333 --> 00:23:12,834
So, we are unanimous in sustaining
the terms of your countersuit.

491
00:23:12,900 --> 00:23:16,767
Ma'am, it's horrible that you have to be
caught up as a player in this,

492
00:23:16,834 --> 00:23:18,467
but you also knew
what you were getting into.

493
00:23:18,533 --> 00:23:19,567
Yes, ma'am.

494
00:23:19,633 --> 00:23:21,367
-It cannot feel good.
-Yes, ma'am.

495
00:23:21,433 --> 00:23:24,667
But everybody has to move on.
Sir, we are unanimous

496
00:23:24,734 --> 00:23:27,500
in sustaining your countersuit
for the entire amount you've requested,

497
00:23:27,567 --> 00:23:29,400
the $9,018.

498
00:23:29,467 --> 00:23:32,367
And frankly, I think
that we're beyond the point of apologies.

499
00:23:32,433 --> 00:23:35,033
Everybody just needs to cut ties,
move on,

500
00:23:35,100 --> 00:23:36,900
and have the best lives that they can.

501
00:23:36,967 --> 00:23:41,033
Judgment in favor of the defendant
on his countersuit for $9,018.

502
00:23:41,100 --> 00:23:43,066
-Good luck, everyone.
-[gavel bangs]

503
00:23:43,133 --> 00:23:44,533
[Byrd]
This case is now concluded.

504
00:23:44,600 --> 00:23:46,800
Parties are excused.
You may step out.

505
00:23:50,500 --> 00:23:56,233
No contract holds in court apparently,
even though it is agreed on and signed.

506
00:23:56,300 --> 00:23:57,700
That's what I would've decided on.

507
00:23:57,767 --> 00:24:03,133
Well, this all stems from his now fiancée
because she doesn't like me around him.

508
00:24:03,200 --> 00:24:06,867
She talks individually
to every member of the church

509
00:24:06,934 --> 00:24:08,567
and bad mouths me.

510
00:24:08,633 --> 00:24:10,867
I called her a home wrecker.

511
00:24:10,934 --> 00:24:12,967
And then, she calls me like...

512
00:24:14,100 --> 00:24:15,467
transvestite.

513
00:24:15,533 --> 00:24:17,934
Because I loved him
and I had compassion for him

514
00:24:18,000 --> 00:24:20,367
because when I met him,
he had nothing.

515
00:24:20,433 --> 00:24:23,066
Yeah, I just want her
to stay out of our lives.

516
00:24:23,133 --> 00:24:25,333
And for us, I want us to move on.

517
00:24:25,400 --> 00:24:28,133
[narrator]
Did someone break an agreement?

518
00:24:28,200 --> 00:24:31,433
Let Tribunal Justice decide your case.

519
00:24:31,500 --> 00:24:33,834
Find us on social media.

520
00:24:34,767 --> 00:24:36,767
[theme music playing]