1
00:00:00,500 --> 00:00:02,633
You're suing for breach of contract.

2
00:00:02,700 --> 00:00:05,400
She needed a place to live.
I really trusted her.

3
00:00:05,467 --> 00:00:08,734
Why aren't you paying them anything?
You made an agreement.

4
00:00:08,800 --> 00:00:11,934
It was more Nathan making me
sign this document.

5
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They said, we'll take your
oldest born child if you don't sign this?

6
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No. It was him telling me what to write
in the kitchen.

7
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And I was like, okay, whatever.

8
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You're now simply just trying to wing it.
Good attempt, but it doesn't help you.

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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 Tooele, Utah.

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Your Honor, this is case number 3015,
Faucheux versus Fredrickson.

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All parties have been sworn in.
You may be seated.

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[Levy]
Thank you.

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Okay. Mr. and Mrs. Faucheux,
you're the Plaintiffs in this case.

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And you're suing Mrs. Faucheux's
former co-worker

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for breach of contract.

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And you're seeking $5,000 in damages.

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Yes, sir.

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[Levy]
According to the defendant, ma'am,

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your answer says that you admit
to signing a contract

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obligating you to pay them $5,000.

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You claim that you all signed
a subsequent contract

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that voided the terms of the first.

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-Correct.
-[Levy] Okay.

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So, Mr. and Mrs. Faucheux,
why don't you tell us

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how you know the defendant

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and how you got into the position
that you are in today.

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I met Kristina, I worked
at a third-party DMV in Utah.

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Um, I met Kristina through there.

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She worked at a dealership
that often worked through us.

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We became acquaintances.

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I wouldn't really say we were friends,
but we were friendly with each other.

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Um, at one point,
she had come to my house.

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I did her nails because
I do nails as a hobby.

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And we kinda spoke
about how we were looking to move.

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My husband was gonna take a job
in Texas and...

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[Levy]
Let me stop you right there for a moment.

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How many times did the defendant
come to your home in total?

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Um, once.

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-[Levy] Is that correct, ma'am?
-No.

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-[Levy] Okay. Tell me...
-I would say a couple times.

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-A couple of times.
-[Kristina] Correct.

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Describe the house
when you went over there.

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-Fine.
-[Levy] Yeah. Looked good?

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00:02:18,367 --> 00:02:19,700
-Yeah.
-[Levy] They kept a clean home?

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-Yes.
-Nothing unusual about it?

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-No.
-[Levy] Nothing that caused any concern?

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00:02:23,633 --> 00:02:24,767
-No.
-[Levy] Okay.

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00:02:24,834 --> 00:02:28,867
Now I'm gonna direct your attention,
Mrs. Faucheux, to August eighth, 2023.

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Why don't you tell us what happened.

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00:02:30,734 --> 00:02:33,966
Um, so, we had talked with his parents.

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His parents were gonna help us
move to Texas

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because, um,
he was gonna work for his father.

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[Levy]
What type of work do you do?

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00:02:41,466 --> 00:02:43,066
-It's HVAC work.
-[Levy] Okay.

57
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Air condition coils.

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So, um, Nathan had been furloughed.
I had lost my job.

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Um, we were struggling very bad.

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We were putting our rent on credit.
It just wasn't a good situation for us.

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And what are you paying in your
monthly rent in your home in Utah?

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In Utah, it was $2,500 a month.

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Uh, describe the house.
How many bedrooms, how big?

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[Nathan] Four bedrooms.
I think it was 1,900 square foot.

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[Levy]
Okay. And you had a roommate?

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00:03:10,066 --> 00:03:11,333
-Mm-hmm.
-Yes.

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00:03:11,400 --> 00:03:13,266
[Levy]
And the lease terms was what?

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00:03:13,333 --> 00:03:15,166
From when to when
did the lease take place?

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The lease was from May
for one year.

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Okay, so it was May 2023
to May of 2024.

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So, you're gonna move
by September.

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-And you go to the leasing company.
-[Ryllie] Mm-hmm.

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[Levy]
So, tell us what your options were.

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00:03:31,066 --> 00:03:34,700
Um, so, our options at the time were,
um, we could break our lease.

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00:03:34,767 --> 00:03:37,800
and we could move, or we could have
someone take over our lease.

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They told us it was going to be $10,000
to break our lease.

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But instead, Kristina needed
to move out of her house

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because the people she was renting from,
from my understanding,

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wanted to move back into the house.

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So, I just thought it was a good fit.

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She needed a place to live;
we were moving.

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Is that correct that you were
gonna be looking for a house anyway?

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-A new place to live.
-Correct. Yes.

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All right. So, this could've been
a match made in heaven.

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-[Kristina] Right.
-Correct.

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[Levy] So, how do you go about the process
of taking over the lease?

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00:04:06,367 --> 00:04:09,133
'Cause you told the plaintiffs
that was something you'd be interested in.

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It was, yes.

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00:04:10,934 --> 00:04:14,166
Um, so, I agreed
that I really needed to find a place.

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So, I was like, I would love
to take over the lease.

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00:04:16,733 --> 00:04:18,733
Let's see if I get approved. I applied.

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I was approved
and able to take over their lease.

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[Levy] When you say that you applied,
you had to go to the landlord

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-and you had to fill out an application.
-Correct.

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And you had to go through the same type
of application as a new lease.

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00:04:29,500 --> 00:04:31,066
-Yes.
-[Levy] Okay, and you do that.

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00:04:31,133 --> 00:04:32,200
And that was about when?

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Um, September, in September
was when we started.

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'Cause they actually didn't end up leaving
until October.

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So, we had done all the paperwork
throughout the month of September,

101
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and figured everything out

102
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and when we were all going to move,
and things like that.

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Okay. So now, I'm gonna
direct your attention

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to September first, 2023.
Tell us what happened.

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Um, so, we...

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-He's very happy with you just talking.
-[Ryllie laughs]

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I get it. Smart.

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Yeah. He did most of the agreement part.
But, um,

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Kristina had texted me because
we had discussed writing up an agreement.

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Because our deposit was $5,000
when we initially moved into the house.

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Um, our agreement was
that she was gonna pay us $2,500,

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uh, or the $5,000 total.

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And then, when the check came
at the end of her lease,

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she was gonna keep the check.

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And so, really she wasn't out any money.

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So, on September first, she had come over
and we had written up this agreement

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that was in her handwriting
that we all signed.

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That was basically it.
Her and my husband Nathan...

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I disagree with that.

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[Levy] Yep, I get it.
That's why we're here.

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-Right.
-[Levy] So, the agreement

122
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was a little more detailed
than what you just described.

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According to your understanding
of the agreement,

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Defendant would pay $400 a month;

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$200 on the fifth of each month
and $200 on the 20th of each month

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until $2,500 was paid off.

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-Right?
-[Ryllie] Correct.

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And that Defendant would pay
the remaining $2,500

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within two months of her moving out date,

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-whenever that was.
-Mm-hmm.

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You'd agree that's at least
what the agreement was.

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Yeah. I, so, when we did this agreement,

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I actually stood in the kitchen
before we signed this document,

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and I don't recall either of them
signing the document.

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It was more Nathan
making me sign this document.

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He had me write it up in the kitchen
and Nathan was like, oh, it's fine.

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Um, this is just for me.
And I was like, okay, whatever.

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Just in order to move forward with things
and be able to move in,

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because I clearly needed
somewhere to stay.

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00:06:24,233 --> 00:06:27,367
And they were leaving.
Um, I just agreed to it.

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00:06:27,433 --> 00:06:30,767
So, let me ask you.
Before showing up on September first

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00:06:30,834 --> 00:06:33,300
at their home, to go over, face-to-face,

143
00:06:33,367 --> 00:06:36,300
and to put down in writing
what your understanding was,

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00:06:36,367 --> 00:06:38,900
you did discuss the $5,000 payment.

145
00:06:38,967 --> 00:06:41,633
It wasn't until you got to the house
that you say,

146
00:06:41,700 --> 00:06:45,200
oh, I'm getting a little concerned,
'cause if I don't have the money,

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I want to be able to have
like a relief valve clause

148
00:06:48,266 --> 00:06:51,667
that allows me to kick the can
down the road and pay more at the end.

149
00:06:51,734 --> 00:06:53,500
-Right?
-Mm, yeah.

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00:06:53,567 --> 00:06:55,200
-[Levy] Yes, that makes sense.
-Right.

151
00:06:55,266 --> 00:06:59,000
And so, when you were going to the house
on September first,

152
00:06:59,066 --> 00:07:02,200
clearly you knew that there was
going to be an agreement drafted

153
00:07:02,266 --> 00:07:04,467
to obligate you to at least pay $5,000.

154
00:07:04,533 --> 00:07:08,333
How we were gonna get to the $5,000
was gonna be decided at your meeting.

155
00:07:08,400 --> 00:07:11,934
Correct. I told Nathan and Ryllie both
while we were standing in the kitchen

156
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that I would never pay a $5,000 deposit,
that I didn't agree with it.

157
00:07:15,967 --> 00:07:18,700
By the way, when you were communicating
with the plaintiffs,

158
00:07:18,767 --> 00:07:20,200
you did it over the phone?

159
00:07:20,266 --> 00:07:22,266
-Um, in person.
-[Levy] What about text?

160
00:07:22,332 --> 00:07:24,300
Um, there is a text between me and Nathan,

161
00:07:24,367 --> 00:07:27,700
but that was after I already lived there
and they were looking for a payment.

162
00:07:27,767 --> 00:07:29,133
Yeah, you forgot about one.

163
00:07:30,600 --> 00:07:32,933
[narrator]
Coming up on Tribunal Justice.

164
00:07:33,000 --> 00:07:34,834
Me and my husband
went through a difficult time.

165
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-I was going back and forth with him...
-[Acker] 'Cos your husband--

166
00:07:37,433 --> 00:07:40,300
like, she's gonna pay us the money.
And he's like, girl, no she's not.

167
00:07:40,367 --> 00:07:42,166
[Acker]
That's why he's so quiet now.

168
00:07:42,233 --> 00:07:44,900
In his head he's thinking,
I told you so.

169
00:07:49,700 --> 00:07:53,066
[narrator] Ryllie and Nathan Faucheux
say they let Kristina Fredrickson

170
00:07:53,133 --> 00:07:55,066
take over the lease on their house,

171
00:07:55,133 --> 00:07:59,400
then selfishly kept their $5,000
security deposit that they want back.

172
00:07:59,467 --> 00:08:02,667
But Kristina says she did them a favor
by moving in

173
00:08:02,734 --> 00:08:05,333
and they're responsible for damages
to the unit.

174
00:08:05,400 --> 00:08:07,433
When you were communicating
with the plaintiffs,

175
00:08:07,500 --> 00:08:08,800
you did it over the phone?

176
00:08:08,867 --> 00:08:11,200
-[Kristina] Um, in person.
-[Levy] What about text?

177
00:08:11,266 --> 00:08:13,300
There's a text between me and Nathan
but that was

178
00:08:13,367 --> 00:08:16,600
after I had already lived there
and they were looking for a payment.

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00:08:16,667 --> 00:08:18,967
[Levy] You forgot about one.
What I'm gonna do is

180
00:08:19,033 --> 00:08:22,834
I'm gonna ask Cassandra now to show you
what the plaintiffs provided us

181
00:08:22,900 --> 00:08:26,367
as Plaintiff's Exhibit Number Three.
It's a text message, September first,

182
00:08:26,433 --> 00:08:29,332
at 6:39 in the morning.
And I've circled it

183
00:08:29,400 --> 00:08:33,200
and I put two check marks next to it.
I want you to read it out loud.

184
00:08:33,265 --> 00:08:39,165
It says, "Hell, yeah, I'm so excited.
Well, me and you need to get together

185
00:08:39,232 --> 00:08:42,066
and write up our agreement
about the deposit and the stuff

186
00:08:42,133 --> 00:08:44,934
and figure all that out."
And then... yeah.

187
00:08:45,000 --> 00:08:47,100
[Levy] Does that help
refresh your recollection, ma'am,

188
00:08:47,165 --> 00:08:48,934
as to whether or not you were
actually excited

189
00:08:49,000 --> 00:08:51,367
about the prospect of moving in,
and were just fine

190
00:08:51,433 --> 00:08:53,200
with the idea of paying the $5,000...

191
00:08:53,266 --> 00:08:56,433
That doesn't say that I'm excited
about paying $5,000.

192
00:08:56,500 --> 00:08:58,400
That just says I'm excited to move in.

193
00:08:58,467 --> 00:09:01,600
I definitely was not ready
to pay the $5,000.

194
00:09:01,667 --> 00:09:04,500
And like I said,
once I did go to their home,

195
00:09:04,567 --> 00:09:08,967
I explained to both of them
that I did not want to pay that $5,000.

196
00:09:09,033 --> 00:09:11,467
That makes zero sense.
I'm gonna take that back please.

197
00:09:11,533 --> 00:09:12,567
But where does that...

198
00:09:12,633 --> 00:09:14,467
[Levy]
I don't believe that for a second.

199
00:09:14,533 --> 00:09:18,900
Plaintiff's number one is a copy of
the actual agreement that you guys signed.

200
00:09:18,967 --> 00:09:21,467
Ma'am, do you see
what's being shown to you now?

201
00:09:21,533 --> 00:09:24,967
Yes. Um, their signatures
were not on that.

202
00:09:25,033 --> 00:09:26,967
-[Levy] Yours are on that, right?
-[Kristina] Yes.

203
00:09:27,033 --> 00:09:28,300
[Levy]
That binds you.

204
00:09:28,367 --> 00:09:30,266
-You drafted that.
-[Kristina] Correct.

205
00:09:30,333 --> 00:09:33,667
No. It was him telling me what to write
in the kitchen.

206
00:09:33,734 --> 00:09:36,266
I got it. Okay. I have nothing further.
Judge Acker.

207
00:09:36,333 --> 00:09:37,667
Thank you, Judge.

208
00:09:37,734 --> 00:09:41,367
There's something about your defense
that just feels a little juvenile to me.

209
00:09:41,433 --> 00:09:43,433
-Okay.
-[Acker] So, it's a bit like saying

210
00:09:43,500 --> 00:09:46,934
I am excited about
getting my paycheck at work.

211
00:09:47,000 --> 00:09:49,467
I'm not really excited
about doing the work.

212
00:09:49,533 --> 00:09:55,200
So, even though I signed a piece of paper
that says I'm gonna do this work,

213
00:09:55,266 --> 00:09:58,934
I told ya I wasn't that excited about it,
so I'm not gonna do it. Pay me.

214
00:09:59,000 --> 00:10:00,900
That's what your defense sounds like.

215
00:10:00,967 --> 00:10:03,433
And then, I wrote down
something else that you said.

216
00:10:03,500 --> 00:10:06,333
You didn't want to sign the agreement.
He was telling you what to write.

217
00:10:06,400 --> 00:10:09,734
And there was nothing that was
preventing you from saying, hey,

218
00:10:09,800 --> 00:10:11,433
I don't want to pay $5,000.

219
00:10:11,500 --> 00:10:13,900
So, I'm going to put on my big girl pants

220
00:10:13,967 --> 00:10:16,767
and go find my own place to live.
You didn't do that either.

221
00:10:16,834 --> 00:10:17,900
No.

222
00:10:17,967 --> 00:10:19,500
-And you signed it.
-Correct.

223
00:10:19,567 --> 00:10:22,934
So, you understand that sometimes
when you want something,

224
00:10:23,000 --> 00:10:26,834
you have to pay something,
do something, give something up,

225
00:10:26,900 --> 00:10:29,633
that you really may not want to do.
That's called adulting.

226
00:10:29,700 --> 00:10:32,467
-You get that part?
-I do. I'm not disagreeing

227
00:10:32,533 --> 00:10:34,233
that I don't owe them something,

228
00:10:34,300 --> 00:10:37,500
-but I disagree with owing $5,000.
-You absolutely are disagreeing.

229
00:10:37,567 --> 00:10:39,867
-Okay. So, let's roll that back.
-[Kristina] Okay.

230
00:10:39,934 --> 00:10:43,767
Because in your answer,
you in fact were disagreeing

231
00:10:43,834 --> 00:10:46,433
that you owed them something.
You said

232
00:10:46,500 --> 00:10:49,033
that they have no legal right
to the deposit

233
00:10:49,100 --> 00:10:51,500
because of an amendment to the lease.

234
00:10:51,567 --> 00:10:53,900
On Exhibit Three...

235
00:10:53,967 --> 00:10:56,533
-[Acker] Yep, right there with ya.
-On page 13.

236
00:10:56,600 --> 00:10:57,700
Number six.

237
00:10:57,767 --> 00:11:00,100
[Acker] And there's a provision
that you're referring to

238
00:11:00,166 --> 00:11:04,367
that says the departing resident
waives any claim to the security deposit.

239
00:11:04,433 --> 00:11:07,033
-[Kristina] Correct.
-Good attempt, but it doesn't help you.

240
00:11:07,100 --> 00:11:08,600
-Okay.
-[Acker] That waiver is

241
00:11:08,667 --> 00:11:10,934
as between them and the landlord.

242
00:11:11,000 --> 00:11:14,066
So what that means is that they can't,
after they've moved out,

243
00:11:14,133 --> 00:11:17,500
let you move into the apartment,
paying no deposit at all.

244
00:11:17,567 --> 00:11:19,900
You're actually now coasting
on their money.

245
00:11:19,967 --> 00:11:20,900
Correct.

246
00:11:20,967 --> 00:11:23,233
The landlord says, hey,
I'm gonna let you move in.

247
00:11:23,300 --> 00:11:26,500
And you guys have now moved out,
you don't get to come after me

248
00:11:26,567 --> 00:11:30,867
for the security deposit.
So, that provision benefits the landlord.

249
00:11:30,934 --> 00:11:32,266
It does nothing for you.

250
00:11:32,333 --> 00:11:35,533
Let's talk about
what you think you owe them.

251
00:11:35,600 --> 00:11:40,600
Now, your basis for not paying them is
because the apartment, the home,

252
00:11:40,667 --> 00:11:42,533
was in such shambles
when they left it...

253
00:11:42,600 --> 00:11:44,967
-No.
-[Acker] Why aren't you paying anything?

254
00:11:45,033 --> 00:11:48,533
Well, first of all, I'd gotten laid off.
So, that was part of the reason

255
00:11:48,600 --> 00:11:52,467
why I wasn't paying them.
I agree I do owe them something.

256
00:11:52,533 --> 00:11:55,967
I lived there for half the time,
and they lived there for the other half.

257
00:11:56,033 --> 00:11:59,165
Your ability to pay
is an entirely separate matter

258
00:11:59,233 --> 00:12:01,667
from your duty or obligation to pay.

259
00:12:01,734 --> 00:12:03,567
-Okay.
-[Acker] So, we know you're laid off.

260
00:12:03,633 --> 00:12:05,433
That's why you guys didn't require her

261
00:12:05,500 --> 00:12:07,200
to make the payments
at the outset, right?

262
00:12:07,266 --> 00:12:08,800
-Correct.
-[Acker] That's why you said

263
00:12:08,867 --> 00:12:11,066
we're gonna tack on these payments
toward the back end,

264
00:12:11,133 --> 00:12:12,967
and you're just gonna pay it all
at the end.

265
00:12:13,033 --> 00:12:15,800
'Cause they were, again,
were giving you a break.

266
00:12:15,867 --> 00:12:17,467
-Correct.
-Your Honor...

267
00:12:17,533 --> 00:12:19,200
[Acker]
Did you want to say something, ma'am?

268
00:12:19,266 --> 00:12:22,133
Yes, ma'am.
You know, I really trusted her.

269
00:12:22,200 --> 00:12:25,233
And I... me and my husband
went through a difficult time

270
00:12:25,300 --> 00:12:28,233
because I was going back and forth
with him,

271
00:12:28,300 --> 00:12:31,667
-like, she's gonna pay us the money.
-[Acker] 'Cause your husband...

272
00:12:31,734 --> 00:12:35,233
And he's like, girl, no, she's not,
she's not gonna pay you the money.

273
00:12:35,300 --> 00:12:37,934
That's why he's so quiet now.

274
00:12:38,000 --> 00:12:41,200
'Cause in his head he's thinking,
I told you so.

275
00:12:41,266 --> 00:12:42,967
-Yes.
-I told you this was gonna happen.

276
00:12:43,033 --> 00:12:45,233
When you're right,
just don't tell anybody.

277
00:12:45,300 --> 00:12:49,600
Just keep your rightness quiet
and let her do the case.

278
00:12:51,066 --> 00:12:53,333
[narrator]
Coming up on Tribunal Justice.

279
00:12:53,400 --> 00:12:55,867
Where does it say
that there was a deduction made

280
00:12:55,934 --> 00:12:58,900
from the security deposit
because of garage damage?

281
00:12:58,967 --> 00:13:00,967
-It doesn't.
-[Acker] Yeah, it really doesn't.

282
00:13:01,033 --> 00:13:03,100
You're now simply just trying to wing it.

283
00:13:07,767 --> 00:13:11,066
[narrator] Ryllie and Nathan Faucheux
are suing Kristina Fredrickson

284
00:13:11,133 --> 00:13:15,533
for keeping their $5,000 security deposit
after taking over their lease.

285
00:13:15,600 --> 00:13:19,100
But Kristina claims
she agreed to their terms under duress

286
00:13:19,166 --> 00:13:22,934
and that they damaged carpet and walls
before she moved in.

287
00:13:23,000 --> 00:13:27,000
So now, let's move back
to what you acknowledge you owe them.

288
00:13:27,066 --> 00:13:28,667
How long were you in the apartment?

289
00:13:28,734 --> 00:13:30,066
I was there for six months.

290
00:13:30,133 --> 00:13:32,233
-[Acker] You were there for six months.
-Mm-hmm.

291
00:13:32,300 --> 00:13:34,967
So, there's no reason for me to assume

292
00:13:35,033 --> 00:13:38,033
that any damages
that were deducted from the deposit...

293
00:13:38,100 --> 00:13:40,834
there's no reason for me to assume
that those deductions

294
00:13:40,900 --> 00:13:42,567
were because of their misuse.

295
00:13:42,633 --> 00:13:45,133
[Kristina]
So, on Exhibit One on those photos,

296
00:13:45,200 --> 00:13:47,165
Ryllie had forgot to put her car in park

297
00:13:47,233 --> 00:13:52,165
and the garage damage was Ryllie.
Ryllie ran into the garage with her car.

298
00:13:52,233 --> 00:13:54,266
And we had spoke about this
prior to moving in.

299
00:13:54,333 --> 00:13:56,767
-[Acker] True?
-[Ryllie] It was fixed, yes.

300
00:13:56,834 --> 00:13:58,633
[Acker]
When was it fixed?

301
00:13:58,700 --> 00:14:00,667
Probably a week after it was done.

302
00:14:00,734 --> 00:14:06,133
Ms. Fredrickson, did you submit
the itemized list of damages

303
00:14:06,200 --> 00:14:08,300
-that the landlord gave you?
-I did.

304
00:14:08,367 --> 00:14:10,633
[Acker]
Damages, interior paint.

305
00:14:10,700 --> 00:14:14,867
I see damages carpet, damages blinds,
damages blinds.

306
00:14:14,934 --> 00:14:17,433
Where does it say
that there was a deduction made

307
00:14:17,500 --> 00:14:20,233
from the security deposit
because of garage damage?

308
00:14:20,300 --> 00:14:22,500
-It doesn't.
-[Acker] Yeah, it really doesn't.

309
00:14:22,567 --> 00:14:24,500
You're now simply just trying to wing it

310
00:14:24,567 --> 00:14:27,500
and come up with damages
that you may or may not have caused.

311
00:14:27,567 --> 00:14:32,400
There's no evidence that whatever she did
is a reason that the deposit was reduced.

312
00:14:32,467 --> 00:14:34,867
Further, you made an agreement.

313
00:14:34,934 --> 00:14:36,633
Judge DiMango.

314
00:14:36,700 --> 00:14:39,900
You did say that you were at their home
several times.

315
00:14:39,967 --> 00:14:41,967
-Would that be correct?
-[Kristina] Yes.

316
00:14:42,033 --> 00:14:44,300
[DiMango]
So, when you went into the home,

317
00:14:44,367 --> 00:14:47,266
you had the ability
to see how that home was maintained.

318
00:14:47,333 --> 00:14:49,233
-Is that correct as well?
-Correct.

319
00:14:49,300 --> 00:14:51,667
[DiMango]
And when you were there, I would guess

320
00:14:51,734 --> 00:14:55,233
you would've said to them, well,
I don't mind doing the security deposit,

321
00:14:55,300 --> 00:14:57,165
but look what you guys did to the blinds.

322
00:14:57,233 --> 00:15:00,300
Look what you did to the carpet.
Look what you did here.

323
00:15:00,367 --> 00:15:01,700
Yeah, we had discussed it.

324
00:15:01,767 --> 00:15:03,867
[DiMango] You discussed
that the blinds were broken...

325
00:15:03,934 --> 00:15:06,000
-No, not exactly.
-[DiMango] Of course not.

326
00:15:06,066 --> 00:15:08,133
You didn't because
you would've told us that.

327
00:15:08,200 --> 00:15:10,066
-Did you tell that to the landlord?
-No.

328
00:15:10,133 --> 00:15:12,066
[DiMango] You never did
because there was no damage.

329
00:15:12,133 --> 00:15:14,667
Or else that's something
you would've highlighted

330
00:15:14,734 --> 00:15:17,467
both to the plaintiffs
and to the landlord as well.

331
00:15:17,533 --> 00:15:22,700
But the bottom line is, you did agree here
to accept this $5,000 security deposit.

332
00:15:22,767 --> 00:15:25,066
-Are you a sloppy person?
-No.

333
00:15:25,133 --> 00:15:28,600
-Filthy in any way?
-No, ma'am. You can look at Exhibit Two.

334
00:15:28,667 --> 00:15:32,200
It shows you all of the photos
of me cleaning the home before I left.

335
00:15:32,266 --> 00:15:35,000
[DiMango] You know what,
you left the place meticulously.

336
00:15:35,066 --> 00:15:39,367
So that tells me that even
if you accepted their $5,000 security

337
00:15:39,433 --> 00:15:41,633
that you didn't want to pay,
you would know

338
00:15:41,700 --> 00:15:43,700
by your own ability to keep a place clean

339
00:15:43,767 --> 00:15:46,066
that you were gonna get
all that back in the end.

340
00:15:46,133 --> 00:15:49,834
So, you want us to believe
that they owe you

341
00:15:49,900 --> 00:15:54,000
$2,888, correct?
Because that's the money you got back

342
00:15:54,066 --> 00:15:56,533
according to the agreement
with the landlord. Correct?

343
00:15:56,600 --> 00:15:58,633
-Correct.
-[DiMango] That's got nothing to do

344
00:15:58,700 --> 00:15:59,800
with your agreement with them.

345
00:15:59,867 --> 00:16:00,967
[Kristina]
I understand that.

346
00:16:01,033 --> 00:16:06,400
The carpeting, the markings on the wall,
which I think we have some photographs of.

347
00:16:06,467 --> 00:16:09,767
This is the, uh, the walls
that are what, patched up

348
00:16:09,834 --> 00:16:11,233
-from...
-[Kristina] Correct.

349
00:16:11,300 --> 00:16:13,567
-[DiMango] How many children do you have?
-I have one.

350
00:16:13,633 --> 00:16:15,967
You said, "and my children."
Is there more than one?

351
00:16:16,033 --> 00:16:17,767
I have one that's an adult, yes.

352
00:16:17,834 --> 00:16:19,800
[DiMango]
Does that adult child live with you?

353
00:16:19,867 --> 00:16:22,533
-[Kristina] Correct.
-[DiMango] Did you have any pets?

354
00:16:22,600 --> 00:16:24,734
-Do you have any children?
-[Ryllie] No, ma'am.

355
00:16:24,800 --> 00:16:29,667
So, all of these damages to all the wall,
there's no way that they did that.

356
00:16:29,734 --> 00:16:31,934
Because you would've said something
about that.

357
00:16:32,000 --> 00:16:36,066
This is all repaired. This is
all patched up after you were leaving.

358
00:16:36,133 --> 00:16:39,867
And this Venetian blind.
What room is this in?

359
00:16:39,934 --> 00:16:41,266
[Kristina]
The basement room.

360
00:16:41,333 --> 00:16:42,800
And who used the basement room?

361
00:16:42,867 --> 00:16:44,300
-Your 20-year-old?
-[Kristina] Mm-hmm.

362
00:16:44,367 --> 00:16:47,133
Like, they lived there for six months
and there were damages.

363
00:16:47,200 --> 00:16:49,066
And I did not leave this house damaged.

364
00:16:49,133 --> 00:16:53,333
I fixed anything and everything
that was damaged, besides the blind.

365
00:16:53,400 --> 00:16:54,867
[DiMango]
I'm very proud of you.

366
00:16:54,934 --> 00:16:58,567
But the point is, you agreed
to give them back the $5,000.

367
00:16:58,633 --> 00:17:00,667
And the other thing is,
let's just say...

368
00:17:00,734 --> 00:17:03,467
They were never gonna get the $5,000 back
though, regardless.

369
00:17:03,533 --> 00:17:05,500
Well, the thing is,
that's what you're saying.

370
00:17:05,567 --> 00:17:08,367
You've given us no evidence
that indeed any of the damages

371
00:17:08,433 --> 00:17:10,934
that you're attributing to them
were attributable to them.

372
00:17:11,000 --> 00:17:12,733
You have no before photos.

373
00:17:12,800 --> 00:17:15,767
The only photos you have
are the photos of when you moved out.

374
00:17:15,834 --> 00:17:19,367
Listen, you never would've rented it
if there was any damage to it.

375
00:17:19,433 --> 00:17:21,599
You would've been sure
that somebody knew.

376
00:17:21,666 --> 00:17:24,532
And your allegations
that they put you under duress,

377
00:17:24,599 --> 00:17:28,165
they defy any of the testimony
and documents that we have here.

378
00:17:28,233 --> 00:17:32,100
So, I want to go back to the point
that you got back $2,888.

379
00:17:32,166 --> 00:17:34,333
-[Kristina] Correct.
-Even assuming I want to say,

380
00:17:34,400 --> 00:17:37,033
you're right, I believe you,
they caused the damage,

381
00:17:37,100 --> 00:17:40,033
you would still owe them $2,888.

382
00:17:40,100 --> 00:17:43,233
And yet, your position in this courtroom
and in these papers was

383
00:17:43,300 --> 00:17:44,700
you owe them nothing.

384
00:17:44,767 --> 00:17:47,266
'Cause they're not agreeing
to pay you a bonus, right?

385
00:17:47,333 --> 00:17:49,533
And whatever you want,
you can keep afterwards.

386
00:17:49,600 --> 00:17:50,834
Did you ever say that to her?

387
00:17:52,300 --> 00:17:54,567
[narrator]
Coming up on Tribunal Justice.

388
00:17:54,633 --> 00:17:58,300
She did have two humongous,
I believe they were pit bulls.

389
00:17:58,367 --> 00:18:01,000
So, I'm gonna ask you one more time.
Did you have dogs?

390
00:18:05,300 --> 00:18:08,500
[narrator] Nathan and Ryllie Faucheux
claim Kristina Fredrickson

391
00:18:08,567 --> 00:18:12,200
agreed to return their security deposit
when she took over their lease.

392
00:18:12,266 --> 00:18:15,000
But she kept it, so they're suing
to get it back.

393
00:18:15,066 --> 00:18:17,100
Kristina says she doesn't
owe them anything

394
00:18:17,166 --> 00:18:19,767
because they left her rental home damaged.

395
00:18:19,834 --> 00:18:22,133
[DiMango] They're not agreeing
to pay you a bonus, right?

396
00:18:22,200 --> 00:18:24,200
And whatever you want,
you can keep afterwards.

397
00:18:24,266 --> 00:18:25,667
Did you ever say that to her?

398
00:18:25,734 --> 00:18:29,834
Um, we actually sold her our washer
and dryer. We let her keep our futon.

399
00:18:29,900 --> 00:18:33,934
Um, she did have two humongous,
I believe they were pit bulls.

400
00:18:34,000 --> 00:18:37,700
I can pull my phone out
and show you the pictures of her dogs.

401
00:18:37,767 --> 00:18:39,934
I'm gonna ask one more time.
Did you have dogs?

402
00:18:40,000 --> 00:18:41,934
No. She was put down
before we moved in.

403
00:18:42,000 --> 00:18:44,533
The bottom line is,
you're raising a duress defense.

404
00:18:44,600 --> 00:18:46,266
That's what your position here is.

405
00:18:46,333 --> 00:18:48,834
Is there something
that you think they said,

406
00:18:48,900 --> 00:18:52,166
like, we'll take your oldest born child
if you don't sign this?

407
00:18:52,233 --> 00:18:54,767
We'll cut off your fingers
if you don't pay us?

408
00:18:54,834 --> 00:18:57,266
I mean, what was it
that they could've said to you

409
00:18:57,333 --> 00:19:00,166
that would make you feel
that unless you sign this,

410
00:19:00,233 --> 00:19:02,000
you had no other options?

411
00:19:03,233 --> 00:19:06,500
-And your answer is... nothing.
-[Kristina] Right.

412
00:19:06,567 --> 00:19:08,934
-[DiMango] Anybody have other questions?
-[Acker] I do.

413
00:19:09,000 --> 00:19:12,800
We don't have any pictures
of the apartment after you moved out?

414
00:19:12,867 --> 00:19:15,266
-[Ryllie] No, ma'am.
-[Acker] Now, that seems a little bit odd.

415
00:19:15,333 --> 00:19:20,333
Honestly, I should have.
But in my head, she... I trusted her.

416
00:19:20,400 --> 00:19:22,667
And we were very friendly with each other.

417
00:19:22,734 --> 00:19:26,767
And I didn't think that I would ever be
in this situation with her.

418
00:19:26,834 --> 00:19:28,200
[Acker]
Okay, thank you.

419
00:19:28,266 --> 00:19:30,333
We're gonna retire to deliberate.
Thank you.

420
00:19:30,400 --> 00:19:32,834
Court is now in recess.
Parties will be recalled.

421
00:19:37,000 --> 00:19:40,500
I will say that I thought that
your line of questioning, Judge DiMango,

422
00:19:40,567 --> 00:19:43,300
was right on point.
But you kinda went straight to Goodfellas

423
00:19:43,367 --> 00:19:46,800
there with the duress.
I mean, guns, choppin' off hands.

424
00:19:46,867 --> 00:19:48,800
Put your hands on the table.
Be careful.

425
00:19:48,867 --> 00:19:52,433
I'm saying, that's duress!
Holy cow, they were terrified of ya.

426
00:19:52,500 --> 00:19:53,633
-Jeez.
-[laughs]

427
00:19:53,700 --> 00:19:55,834
Listen, it's super sad that the defendant

428
00:19:55,900 --> 00:19:58,200
took such a great opportunity
that she was given,

429
00:19:58,266 --> 00:20:00,800
and just turned it around
and just basically

430
00:20:00,867 --> 00:20:02,734
told the plaintiffs to go pound sand,

431
00:20:02,800 --> 00:20:05,867
thinking that they would
never follow through with a lawsuit

432
00:20:05,934 --> 00:20:08,266
that would hold her accountable
for what she did.

433
00:20:08,333 --> 00:20:10,300
And quite frankly,
I'm glad the plaintiffs did.

434
00:20:10,367 --> 00:20:13,767
Because there's no way
that I see the evidence whatsoever,

435
00:20:13,834 --> 00:20:17,133
that they should get anything less
than their full $5,000.

436
00:20:17,200 --> 00:20:20,133
Even if there was a problem,
she's not agreeing to give back

437
00:20:20,200 --> 00:20:22,400
whatever she got back from the security.

438
00:20:22,467 --> 00:20:24,633
She's agreeing to give back $5,000.

439
00:20:24,700 --> 00:20:27,133
So, I believe the plaintiffs
get the full $5,000.

440
00:20:27,200 --> 00:20:30,333
I think what's even more galling is
that poor woman

441
00:20:30,400 --> 00:20:33,166
has to like, get it from her husband,
you know, the whole time.

442
00:20:33,233 --> 00:20:35,467
He's like, she's not gonna pay us.

443
00:20:35,533 --> 00:20:36,800
She's not gonna pay us.

444
00:20:36,867 --> 00:20:38,734
And all he wants to say is,
I told you so.

445
00:20:38,800 --> 00:20:40,133
That's why he was so quiet.

446
00:20:40,200 --> 00:20:41,667
And if we have to go to court,

447
00:20:41,734 --> 00:20:43,333
you're the one that's
gonna tell the story.

448
00:20:43,400 --> 00:20:44,834
You're gonna do all the work.

449
00:20:44,900 --> 00:20:46,767
He was just there, coasting.

450
00:20:46,834 --> 00:20:49,533
I was a little bit relieved to hear
the defendant acknowledge

451
00:20:49,600 --> 00:20:52,433
that she was, in effect,
coasting on their money.

452
00:20:52,500 --> 00:20:55,266
She paid zero as a security deposit.

453
00:20:55,333 --> 00:20:57,734
And then, came to court
with this absurd position

454
00:20:57,800 --> 00:21:00,333
that, well, because they had
this agreement with the landlord,

455
00:21:00,400 --> 00:21:01,967
I get to keep all of their money.

456
00:21:02,033 --> 00:21:04,567
That was just nonsense.
They're entitled to all of it.

457
00:21:04,633 --> 00:21:08,800
Also, based on that Defendant's demeanor,
behavior and testimony,

458
00:21:08,867 --> 00:21:12,834
I don't see her as the kind of person
who would've let slide

459
00:21:12,900 --> 00:21:15,967
all of those patchwork on the walls.

460
00:21:16,033 --> 00:21:20,367
And the blinds were very obvious damage
where her 20-year-old son was living.

461
00:21:20,433 --> 00:21:23,266
I don't say that she's a person
who wouldn't have noticed it.

462
00:21:23,333 --> 00:21:24,767
She would have, she didn't.

463
00:21:24,834 --> 00:21:27,734
And I don't see why
she should not keep her agreement.

464
00:21:27,800 --> 00:21:31,333
There was no hands chopped off,
there was no gun to the head.

465
00:21:31,400 --> 00:21:34,266
The plaintiffs are entitled
to their $5,000 back.

466
00:21:34,333 --> 00:21:35,400
[Levy]
Yeah.

467
00:21:39,667 --> 00:21:41,333
Court is back in session.

468
00:21:41,400 --> 00:21:43,867
Both parties are reminded
that you're still under oath.

469
00:21:43,934 --> 00:21:46,367
-[Levy] Thank you, Cassandra.
-[Britt] You're welcome.

470
00:21:46,433 --> 00:21:49,100
Well, this was a case
about a breach of contract.

471
00:21:49,166 --> 00:21:52,834
You wrote it, you agreed to it,
but you didn't abide by it.

472
00:21:52,900 --> 00:21:56,066
The only legal defense you would've had
was duress.

473
00:21:56,133 --> 00:21:58,700
And duress can take all different forms.

474
00:21:58,767 --> 00:22:02,533
It can be economic duress,
problems with kids and finding new places.

475
00:22:02,600 --> 00:22:04,734
Or like Judge DiMango,
chopping off hands, right.

476
00:22:04,800 --> 00:22:08,033
Either way, nothing like that
was testified to here.

477
00:22:08,100 --> 00:22:10,633
So, there was no legal basis
for you to breach that contract.

478
00:22:10,700 --> 00:22:13,033
And as a result, it is
the unanimous verdict of the court

479
00:22:13,100 --> 00:22:15,667
in favor of the plaintiff for $5,000.

480
00:22:15,734 --> 00:22:17,567
-Thank you all.
-Thank you.

481
00:22:17,633 --> 00:22:20,266
This case has concluded.
All parties are excused.

482
00:22:23,567 --> 00:22:27,734
I'm upset with the fact that she
questioned my character as a person.

483
00:22:27,800 --> 00:22:31,467
We're very communicative
and she wasn't. And that's on her.

484
00:22:31,533 --> 00:22:34,133
I clearly am not
what she says I am.

485
00:22:34,200 --> 00:22:37,667
The audacity of this woman

486
00:22:37,734 --> 00:22:41,433
to just take our security deposit money
and spend it on herself.

487
00:22:41,500 --> 00:22:43,233
Yeah, I'm just gonna stop talking to you.

488
00:22:43,300 --> 00:22:44,734
You can't trust anybody nowadays.

489
00:22:44,800 --> 00:22:46,400
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490
00:22:46,467 --> 00:22:49,367
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491
00:22:49,433 --> 00:22:53,700
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492
00:22:54,133 --> 00:22:56,133
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