You sold her a sick cat.
[narrator] Now, on Tribunal Justice.
So, I had asked her, "Will I be provided vet records?"
The paper was cut.
Concealing evidence is a crime.
It was a plethora of illnesses.
You knew all that, and you hid that from her.
Yes, but I cried my eyes out about losing that kitten.
You're not as naive as you would like us to think.
But the bottom line is, you made a choice to keep the cat that was ill.
[theme music playing]
[narrator] Today's case was filed in Bacliff, Texas.
Your Honor, this is Case #3093 on the calendar
in the matter of Elquza v. Arif.
-Thank you, Byrd. -You're welcome, Judge.
Parties have been sworn in, you may be seated.
Ladies, have a seat, please.
[Acker] Ms. Elquza, you bought a Persian kitten
from the Defendant, it's the cat that you're now holding.
-Mm-hmm. -You maintain
that the Defendant, Ms. Arif, falsified vet records
in order to conceal the animal's true health.
And you're suing her for $5,000 for vet bills,
a refund of the purchase price for the cat,
and also for emotional distress.
Ms. Arif, you maintain that you owe the Plaintiff nothing.
-Yes. -You say you gave her an opportunity
-to return the cat. -Yes.
So she assumed the risk of whatever's wrong with the cat.
-Yes. -You also have a countersuit
against her for $10,000
for what you describe as harassment and emotional distress.
-Yes. -Ma'am, that is the cutest gosh darn cat
I have seen in many, many a moon.
Uh, what is her name?
Filfil. It's a he.
Oh, that's right. Oh, good point!
That's actually material a bit to the case.
Filfil. You became aware of the cat,
because you work with the Defendant's sister.
Yes, I work with the Defendant's sister. I'm a nurse.
We work in the same hospital. She posted on Facebook
and shared her sister's post, uh, selling a Persian kitten.
You already had a Persian cat, a boy. You were looking for a girl.
I was looking for whatever, but she initially told me girl
and I had asked her through text, what is better as far as them getting along.
-I just wanted companionship for my pet. -[cat meows]
-Can I pass him over to my witness? -[Acker] Yes.
Yes, give Filfil a little break.
So you go pick up Filfil on January 10th.
And did the defendant give you vet records at that time?
So initially, right before I picked him up a few days prior,
she told me, "Hey, he's--" Like I said, the the sex wasn't female,
in fact it was male. I asked her if it was gonna be a difference in price.
She told me, "No, you're getting a steal, you're getting a Persian."
We decided in January, she told me that he would be ready
in regards to having him weaned off the mom and you know, all that good stuff.
So I had asked her will I be provided vet records,
and she said that she can provide that to me upon retrieving the pet.
What do you notice on the vet report? Could we put up Exhibit A, please?
I have the actual record of that she provided me with.
-The last page, as you can see... -[Acker] What stood out?
...is looking like this.
The paper was cut.
I'm a nurse, so usually with the pet summary
it's going to give you more than just the eyes.
As you can see, it ends with the eyes.
"I went ahead and remembered, "Hey, I have her vet information on these sheets."
I called the vet and I requested the records.
They told me it was gonna take a couple of days, so...
And then you did ultimately get that record on or about January 15th.
Can we put up Exhibit 7, please?
So just so we're clear, the first Exhibit
-was what the Defendant gave you. -Absolutely.
This report is the report that you obtained directly from the vet.
[Ahalam] When I did see that record, I was upset...
[Acker] Because what we see, and I'm just going to advance you a bit.
The full vet report, after the part that was cut off by the Defendant...
-Ear mites. -[Ahalam] Mm-hmm.
[Acker] So I have to ask you, Ms. Arif.
Why'd you cut the paper?
I cut it, because all of that information was me and the vet's business.
-I did what I had promised her. -[Acker] Wrong. Stop. Stop.
That act of concealment suggests to me
that you were concerned about the notation regarding ear mites.
Ear mites are contagious, are they not?
Yes, they are.
-[Acker] And did your, uh-- -Your Honor, ear mites are contagious,
but with that being said, if that kitten has ear mites,
-all my other cats would have ear mites. -[Acker] No.
I'm gonna stop you right there.
-I don't believe that to be true. -No.
I think that just because something's contagious
doesn't mean everybody's gonna get it.
-Did your other cat--? -[Ahalam] No.
-What was your first cat's name? -My first cat's name was Khili.
He did not get it from her.
Because once I found out, as advised by my veterinarian,
get them separated.
His situation was that it was so deep into his ear canal
that it was an actual yeast infection.
He was in agony.
And based off of my vet, it just takes, Your Honor, one treatment.
One dose of medication is all it takes to treat these animals,
and when I called her vet they did not know that she concealed that information,
-and he told me that. -Okay, so,
and I'm gonna stop you right there, and let's go back to Ms. Arif
and let her defend herself a bit.
When you spoke to your vet about the cat's condition,
what did the vet say to you about the ear mites?
The vet did advise me of that, but assured me it wasn't a serious condition.
-And he also told me-- -[Acker] So, the answer is yes.
And you did not communicate to her information you received from the vet.
We actually have an expert in court with us today.
Can I please ask our expert Mr. Dumas to take the stand?
While you're getting settled, sir, Filfil ended up having another condition, too.
What else happened to Filfil?
[dramatic music playing]
[narrator] Coming up, on Tribunal Justice...
But the bottom line is
there was a time when they offered to give you the money back.
-Yes. -You said no. Why?
[theme music playing]
[narrator] Ahalam Elquza is suing Anna Arif
for selling her a sick kitten infested with ear mites and ringworm.
Ahalam wants $5,000 for vet bills and emotional distress.
Anna says her offer to return the cat for a refund was refused,
and is counter-suing for 10,000 for harassment and emotional distress.
Filfil ended up having another condition, too.
Uh, what else happened to Filfil?
When I went the next day, it was a plethora of illnesses.
He had ear mites, there was a yeast infection in his ear,
and he had ringworm.
From there, they told me he was highly contagious.
I had to bleach all my, you know, my house,
-and I have kids, and... -[Acker] Can we put up Exhibit 10, please?
-Because you actually contracted ringworm. -[Ahalam] Yes, Ma'am.
[Acker] Dr. Dumas, could you please tell us what you do for a living?
So, I am a veterinarian.
So I'm a general practitioner licensed in the state of California.
Can you talk a little bit about ringworm,
and what's the likelihood of transmittal
to humans with whom it might be in contact?
Okay, so ringworm is actually a fungus,
um, contrary to the name.
Um, I may also add that Persian cats
are actually susceptible to ringworm infection
um, and the same case as the mites.
There needs to be some sort of reservoir.
There needs to be something where they're in the environment
or an animal that is carrying the fungus
because it has to be direct, in direct contact to establish an infection.
The infection usually takes a few hours,
uh, but to see clinical signs and symptoms,
so to actually see the classical epidermal collarette,
so the rednessing of the skin that we saw
typically takes between one and three weeks.
[Acker] Between one and three weeks.
-When did you develop ringworm? -It was in February.
And when did you notice it on Filfil?
Um, the day after I saw the cutting of the records
I started questioning everything.
I kind of spread up his abdomen, and I saw that picture right there.
He had shedding on his abdomen.
So I knew based off of my own nursing judgment
that that was ringworm, and I know it was fungal.
So I vividly remember him scratching my arm when I picked him up on the 10th.
[Acker] So, uh, Dr. Dumas,
talk to us a little bit about ear mites, how they're treated,
and what happens if they're not treated promptly.
Yeah, so air mites are an ectoparasite,
so there needs to be an animal that is carrying the mite
to transfer it over to the cat in question.
The simplest way to confirm ear mites
is to do something called a cytology an ear cytology,
and basically, you will swab the ears
and roll it over a microscope slide.
Uh, you'll stain and you'll dip it, and you'll be able
to actually see the mites under a light microscope.
Thank you for your testimony.
I'm gonna pass the case for the moment to Judge DiMango.
I'm not gonna have any questions of you right now, Doctor,
so if you wanna take a seat.
But I do have some questions of all of you.
-Mm-hmm. -I was looking through the papers,
and you had on, I don't know, like, 12 different occasions
between December 15th when you reached out to her...
-Yeah. -...and January, where you were told
-that this was a female kitten. -Yes.
And she attributed it to the fact that it's very furry and you can't tell.
-Mm-hmm,. -This is the ad you responded to.
-Would that be correct? -That wasn't it.
I provided that so I can show that she was interested in forming a cattery.
She wanted to breed these pets and sell them.
But this is not the first time you've bred Persian kittens, is it?
That would be incorrect, this is my first time.
I don't breed them as a business.
I wasn't interested in really starting--
-So, this is yours? -Yes, Ma'am.
-Those are the same pictures she sent me. -That's why I'm asking.
All of a sudden. "Oh, now we have a male, you can have it."
So I'm thinking, maybe they pulled the bait and switch here on you.
And that's why all of a sudden, after 13 or 14 different messages
as to, "It's a girl, it's a girl." "Are you sure?"
You asked several times. "Yes, I'm sure, yes, I'm sure."
May I speak? I would like to add that
I have never bred kittens-- cats before. This is my first time even owning a pet.
I'm not a professional breeder, by any means.
I'm not familiar with how to tell these things and how to do this--
Oh, well, you know what?
I don't like when people who are in a position where they're advertising,
where they're selling, where they're relating,
where they're, uh, what do you do? Are you in school?
-High school. -High school.
And they say, all of a sudden, they don't know anything.
-Then don't sell your kittens. -[Anna] I'm not blaming...
So you can't stand there and say, "I cut off a half a piece of paper
because I don't know anything. I don't know how to do this."
You're not as naive as you would like us to think.
I believe that all along,
they weren't giving you the female, because they were giving you the male
that turned out to have the problems.
-Mm-hmm. -Now, at an early age,
there's a name, they named the little kitten Romeo.
You named it Filfil, because it's like salt and pepper, right?
-In your language? -Yes.
But the bottom line is, there was a time
when they offered to give you the money back.
-Yes. -You said no. Why?
So for that, there was multiple reasons.
At this point, I've had the pet for five days.
-[DiMango] Mm-hmm. -My first cat is, you know,
is very boring for my kids.
And the second cat, again, younger, fun, vivacious...
[Di Mango] So you can get a cat that you knew was ill.
So I'm saying to you, you made a choice to keep the cat that was ill.
[dramatic music playing]
[narrator] Coming up, on Tribunal Justice...
You got tired of having text messages or messages sent to you,
so you called the police on the Plaintiff.
And this is what you told the police...
[narrator] Ahalam Elquza claims Anna Arif sold her a sick kitten
that infected her with ringworm.
She's suing Anna for $5,000 for vet bills and emotional distress.
But Anna says Ahalam rejected her offer to return the cat for a refund,
then began harassing her.
So Anna's counter-suing for $10,000 in emotional distress and harassment.
You know, the offer that she gave you
was something that would have remedied the situation
prior to you getting all the bills.
However, by the time she did that, had you incurred your vet bills?
I incurred my vet bills the day after
she asked me if I wanted to keep him. She'll give me my money back.
The day after. Okay. Thank you very much.
-You're welcome. -Judge Levy?
-[Levy] Ms. Arif. -Yes.
So you told Judge Acker that what you cut off
included additional information that established the kitten was unhealthy.
Yes, but I would like to add that I cried my eyes out
-about losing that kitten. -[Levy] Yeah, okay!
-Because I miss that baby like something. -[Levy] Got it. Okay.
You knew that the animal also had worms, correct?
-I was not made aware... -[Levy] You didn't know...
that the animal had any sort of worms or anything.
The doctor did a physical examination of...
Don't tell me what the doctor did. I have the doctor's full report now.
-Yes, and if there was any worms... -So this-- Now, now, sir.
Can you please step back up?
This is the information that you chose to share
on the top half of the medical record before you cut it.
"Owner declined FELV and deworming.
And the FELV protects cats from feline leukemia virus
that can cause a variety of health problems,
including cancer, anemia, and immune suppression." True?
Yes.
"Ear mites smear recommended. Owner declined." Right?
-Yes, he said-- -Good. How much does that test--
That smear test usually cost?
-Probably no more than $50. -[Levy] Fifty bucks. Good.
"Ear stain recommended. Owner declined."
-Right? -Yes.
-How much is that test? -Probably also about $50.
[Levy] About 50 bucks.
An ear stain in cats can indicate ear mites, yeast infections,
-or other problems. True? -True.
So, you knew all that!
And you hid that from her.
That made you angry because you know that this person shouldn't have goldfish,
-never mind kittens. -Absolutely.
And you got tired of having text messages or messages sent to you,
so you called the police on the Plaintiff.
And this is what you told the police.
"Caller states that she sold a kitten to her sister's coworker.
The cat was checked out by a vet and was fine."
To a police officer!
-What the vet told me, that's all I'm-- -[Levy] Stop!
-'Cause you got a call from the police? -Absolutely.
I wanna hear a voicemail message that you received from the Police Department.
Let's put that up.
How'd that make you feel after receiving it?
-Horrible. -Horrible. Terrified.
-Ever been contacted by the police before? -No.
-Nope? I have nothing further.
Thank you very much.
Thank you, Judge. Ma'am. You can take the stand.
I know this is your daughter. You seem to have feelings.
What do you have to offer?
First of all, she's not a bad businesswoman
-and she's not this-- -[Acker] I'm going to stop you.
Because I understand very much why and how
you want to engage in this defense of her character.
-Mm-hmm. -But we started this case
describing her manipulation of evidence.
And I don't know if either of you get how serious that is.
We're all lawyers up here.
-If we were in trial... -[Ambreen] Yeah, I--
...and if we did to a document what your daughter did to that document,
-we could lose our lose our law licenses. -[Ahalam] Mm-hmm.
We could go to jail.
Concealing evidence is a crime.
You can get into a lot more trouble than owing this woman whatever money
-you may end up owing her. -Can I get a chance to talk?
-[Acker] Now you may. -Okay. Because she's a teenager,
she didn't realize what she was doing. It was not on purpose
that she was trying to hide.
-She said this was not of her doing. -[Acker] Ma'am, she's 18,
and she's testifying in court, and she took $800 from this nurse
who works for a living.
-$800 is quite a lot of money. -That's a lot of money.
-That went from her pocket to your pocket. -I have a question.
If the cat was sick, why would she keep it?
[Acker] I will tell you why she kept the cat.
-Mm-hmm. -Because five days is a long time
to have an animal in your home
bonded with your family and your young children.
May I ask or mention one thing? I'm an avid animal lover.
I have multiple pets.
And the reason, honestly, as evidenced by my messages,
was I kept him because what condition would he be in,
knowing that I'm going to send him back to a home where he's not loved.
-[Acker] Thanks, I have nothing else. -[DiMango] I do.
I'm not saying she did the right thing, but she did make an offer to you
to give the cat back, and she would give you the money.
And what were you gonna do with it after she paid for all those bills?
Were you gonna pay for the bills?
-No, I was not gonna pay her vet bills. -[DiMango] Why not?
Because the vet bills that she was allegedly sending me were not bills,
they were estimates.
When I zoomed into the pictures it was estimates,
and I know this, because I take my other kittens to the vet,
-and they hand you-- -[DiMango] I thought you don't know!
We asked her to bring the cat back before she's spending her money.
Listen, she was crying, according to her.
She did nothing but cry for two weeks.
So, if she’s crying for two weeks, why can't you understand they connected.
And these are young children who don't have the sense of time that adults have.
I don't have any other questions. We're gonna retire to deliberate.
Doctor, you may have a seat, and Ma'am, you may have a seat as well.
Court now stands in recess.
This case will be recalled. Parties are excused.
[dramatic music playing]
I'm hoping we can make short work of this.
I don't think there's any way the Plaintiff
doesn't get everything she's asking for.
If she's asked for more, I'd give her the additional amount
in punitive damages.
This was an intentional omission of material information.
It was its own misrepresentation, it was deliberate.
It just was wrong in every way.
I mean, I think as we all know, if this case were being litigated
in a court of unlimited jurisdiction--
Say it was a $100,000 case, and the lawyer did something like that.
They would lose on directed verdict.
The judge would say, "I don't want to hear anything else? Case over."
[DiMango] Do you know how many cases are reversed for withholding evidence
or distorting evidence because of one little piece of paper,
let alone just cutting it off.
I mean, with just no regard.
And I truthfully, I think there was a bait and switch.
I think that all along, they were willing to give her a female kitten,
and when it turned out to be sick, that was the one they gave her.
The police, as we know,
to be called for something minor like this
when there are people being robbed and burglarized and murdered,
uh, that's what they need to do, they need to go check on a cat.
Listen, in all fairness, if in fact the Defendant was feeling threatened
and harassed by those messages,
which I don't believe rose to that level to begin with,
ah, you know, you're feeling threatened, you call the police,
police will contact the other party and say don't call.
You call the police and lie to them
and say that I sold her a healthy cat, and she's all over me.
That's a different story.
It's not really a police matter at that point,
based on what we've seen on these papers here.
No, here it was clearly not a police matter,
because she made it up.
-'Cause she contrived, fabricated a story. -Exactly.
I assume we're unanimous in dismissing
-this silly countersuit. -[DiMango] We are.
-Absolutely. Absolutely. -It's almost offensive.
[dramatic music playing]
Court is back in session, I remind all parties, you're still under oath.
[Acker] Thank you, Byrd.
We have deliberated, and we've reached a unanimous verdict
both as to the complaint and as to the countersuit.
I'm going to start with the countersuit first.
As will very likely not come as a surprise to you,
we are unanimous in dismissing it.
We were offended by it.
You cannot come to court on these sorts of facts
when you have intentionally concealed evidence,
then brought in law enforcement authorities,
given them blatantly false statements,
and then say, "You know what? I'm going to sue her for $10,000,
because she said some unkind things to me."
Which, by the way, were all true. You sold her a sick cat.
So, we are very firm in dismissing your countersuit.
It didn't even take much deliberation.
Ms. Elquza, we were also unanimous as to your complaint.
I think the first thing on which we all agreed
was that if you'd asked for more money, we'd have given it to you.
This is the easiest $5,000 verdict that any of us have seen in quite some time.
The Defendant gave you information about the health and condition of the cat
that was intentionally manipulated.
You are very firmly entitled to that $5,000.
None of us had any questions about why you would keep a cat in your home
that's already bonded with your family after five days.
So the judgment in this case is in favor of the Plaintiff for $5,000.
-Good luck to all of you. -Thank you so much.
Court is now concluded, parties are excused, you may step out.
[triumphant music playing]
Honestly, if I could, I would ask her for the kitten back right now
and give her whatever she wants.
I would not leave something like that in the hands of a breeder that way.
I'm not a breeder, I'm just a high school student whose cat gave birth.
I mean, she obviously did not take care of this cat,
did not put his interest at heart.
That kitten is like my child to me,
like all my kittens are... [sobbing]
-I take care of them so much. -It's okay.
I think that's ridiculous.
But I do take care of them. They're my babies,
and saying that I don't is just completely wrong.
Justice was served, and do not mess with moms and their kids. [laughs]
[narrator] Did someone break an agreement?
Let Tribunal Justice decide your case. Find us on social media.
[theme music playing]