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{\an8}You had some sort of a problem in a shower
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- in your house?
- Yes, your honor.
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The damage to her wood floors,
resulted the day after
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he touched it. When you left,
it was still going to be leaking?
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Did you tell her that? You're trying to
sell me that story,
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I have a bridge I want to sell you.
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[announcer] This is Judy Justice.
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{\an8}Carla Czako is suing plumbers,
Robby Shelton and Scotty Foy,
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for water damage.
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[Rasco] Court come to order. All rise.
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Be seated, please.
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{\an8}Hello Judge. Case number 2077,
Czako versus Sheldon/Foy.
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{\an8}- Thank you.
- You're welcome.
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{\an8}Ms. Czako, you had some sort of a problem
in a shower in your house?
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- Yes, your honor.
- Tell me briefly what the problem was.
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I had a small dribble coming from around
a shower valve
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that was in my master bathroom shower.
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Tell me what valve it was.
You know, I'm not a plummer.
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Well, I have a picture that I'd like
to show you.
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Just make circle where the problem was.
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I believe it was the top one.
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Thank you.
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Who is Mr. Shelton?
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Change places with each other.
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Thank you.
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Okay, and you saw a water drip?
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Yes, very fine little drizzle
coming from it.
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[Judy] You saw water dripping and
according to my complaint, you had seen,
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around the neighborhood, a truck,
Foy's plumbing.
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- Yes, I have.
- [Judy] And that's how you got
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- to Mr. Foy?
- Correct. My neighbor had used him.
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{\an8}[Judy] Did you speak to the neighbor,
or did you just remember seeing the truck?
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{\an8}- No, I spoke to my neighbor.
- Okay, could you tell me on what date
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you noticed the leak and on what date you
spoke to the neighbor?
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Probably on the tenth or so of December.
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That was in the shower that you don't use,
but your husband uses?
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Correct. I'm widowed, so I don't--
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- [Judy] So who told you about the leak?
- [Czako] The housekeeper.
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Okay, and then did you check it yourself?
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- Yes.
- [Judy] And this small leak had been
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there for a couple of weeks before you got
to Mr. Foy?
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- Correct.
- After you spoke to the neighbor
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and confirmed that this neighbor
had used Mr. Foy...
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- Mm-hmm.
- [Judy] When you called Mr. Foy,
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- did you actually speak to him?
- No.
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- [Judy] Who did you speak to?
- It was a woman that answered the phone.
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[Judy] Who answered the phone?
Do you know?
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- Alma did.
- I'm the office manager.
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[Judy] Okay, could you stand up please?
Tell me your name.
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My name is Alma Valdez.
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- [Judy] And you work for Mr. Foy?
- Yes.
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- And you have a plumbing company?
- Yes, ma'am.
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[Judy] How many employees do you
have in the company?
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Right now, only 3.
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- He's not one one of them?
- Yes, he's one of the employees.
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[Judy] How long has he been an employee?
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Well, on and off, fifteen years.
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What does that mean, on and off?
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A couple times he went to work for
another plumbing company and came back.
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{\an8}Was he an employee of your company,
pay careful attention,
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{\an8}- in December of 2021?
- Yes, he was.
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- [Judy] Okay. And paid on the books?
- Yes.
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- [Judy] Is he still an employee?
- Yes he is.
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Do you recall receiving the call in
December from Ms. Czako?
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Yes, I got a call from her, on I believe
it was December 28th,
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{\an8}saying that she had a leak and so we set
up an appointment for the next day.
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Do you remember the conversation
you had with her?
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Did she tell you she had been recommended
by a neighbor?
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You know, I don't recall. We did set up
the appointment for the following day.
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- [Judy] That would be December 29th?
- Yes.
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- [Judy] Have a seat.
- Thank you.
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[Judy] Okay, Mr. Shelton was the person
that Mr. Foy sent to you?
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- Correct.
- [Judy] And you were a full-time employee
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of Foy's plumbing. Tell me what happened
when you got there?
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Well, when I first got there, I noticed
water running out of the handle.
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It was dripping out of the handle because
it had been there since December tenth?
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It was kinda... It was streaming out.
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It was a pretty decent stream of water
coming out.
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[Judy] The plaintiff doesn't use that
shower correct?
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- Correct.
- So, the first thing that someone
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would have done, even me,
is turn off the water.
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- Is that what you did?
- Well, I wanted to go see
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what the leak really was.
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- [Judy] Well, you looked?
- Yeah, first and then I went out
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shut the water off. And then came back
in to pull the cartridge to identify
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{\an8}And there's no markings on the plate, so I
couldn't really tell what brand it was.
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We do carry a variety of brands,
but more of your typical...
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You're getting too technical with me, sir.
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- Okay.
- This is what the case is about. He came
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in, out, the same day. The 28th.
He said he didn't have the part.
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You have other complaints about his
behavior on that day.
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You say he was a little bit off. He left
without a different part being put in
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and you called another plumber? When?
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I called, actually, my contractor,
that night
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to come over and look at it.
He came over in the morning
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- with the...
- So he didn't come over that night.
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- He came over the next day.
- Correct. The next morning he gave me
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- a referral.
- [Judy] No, you can't tell me what
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he gave you. He's not here.
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It is your claim that because of the
actions of Mr. Shelton,
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which are attributable to Mr. Foy,
who owns the company,
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you suffered severe water damage
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in your house, causing you
to have to replace
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{\an8}substantial flooring in the house and you
want Mr. Foy to be responsible?
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{\an8}- Correct.
- You have insurance?
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I just want to make sure. You do have
insurance? You're a company.
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We're licensed in the State of California.
We're required to carry insurance.
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That's what the case is about-- you want
the company to be responsible.
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They did not come back and fix
the problem. Someone else did.
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But by the time it was remedied,
water had already seeped through
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and under the floors.
You have evidence of that.
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Mr. Foy says that's not his problem.
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So I'd like you to tell me what happened
on the 29th when Mr. Shelton came.
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What time did he come in?
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I think he came around 12:00, 12:30.
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So he came in, went to the bathroom.
Looked at it.
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Um, took out the cartridge. He did turn
off the water.
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And then he said he had
to go look for the part.
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He left. He was gone for over an hour.
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Returned and said I don't have the part,
they don't have it.
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And as he's talking to me,
his phone rings again
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and it's the plumbing place and they say
"Oh, we have the part."
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He left again, for another hour.
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He comes back the the third time and he
says they still don't have the part.
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{\an8}By this time, it's like three hours have
passed, and I'm sitting in my living room
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{\an8}and I hear tools dropping in the shower.
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I said to him at one point, do you
think you need to call
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for somebody else. Some help?
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And he said, "No, I can handle this."
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- Did he leave?
- Five o'clock. I'm waiting,
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I have a friend that shows up at my house,
'cause we were going for dinner.
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And I said, "Well, we have to wait for the
plumber to leave."
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And she goes, "There's no car out front
of your house."
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- You didn't know when he left? Okay.
- No, I did not know when he left.
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Did the shower look as if it had been put
back in place. Did it look...
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pretty much like this?
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It was like that, but the stream of water
that was minuscule before
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was much stronger.
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- Okay, that doesn't actually help you.
- [Czako] No.
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{\an8}That hurts you, because he said,
"The water was a pretty rapid--
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{\an8}- is that what you told me?
- No, a little...
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{\an8}Just one second. Could you read back,
Whitney, how Mr. Shelton
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described the water?
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He said, "It was streaming out, it was a
pretty decent amount of water coming out."
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[Judy] Yeah, you said it was pretty decent
when you got there.
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And I am correct Mr. Shelton,
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that when you left the house that day,
you had not found a part to fix it?
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- Is that correct?
- Correct.
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And I am correct, that when you went to
disassemble it, you turned the water off?
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- Yes. Yes.
- [Judy] Because it was leaking.
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And then you didn't fix it, because you
didn't have the right part?
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- And then you turned the water back on?
- Mm-hmm.
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Uh-huh. Don't speak.
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{\an8}Did you tell her that those where
her options?
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- {\an8}-
- Yes.
- No way.
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- {\an8}-
- It would still be leaking.
- No way did you say to her,
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{\an8}"This shower is still going
to be leaking."
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{\an8}[announcer] Carla Czako claims plumbers,
Robby Shelton
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{\an8}and Scotty Foy,
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owe for damage from a water leak.
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Now, when you left, on the 29th, without
putting in an appropriate part,
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because you couldn't find it,
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this leak, which caused you to turn off
the water,
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because it was a pretty significant leak.
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You turned the water back on?
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The reason why I turned the water off,
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because you have to take
the cartridge out.
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If I left the water on and took the
cartridge out...
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- Would it be--
- Listen, Mr. Shelton,
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- I know and that's why I turned the water.
- Mr. Shelton. Mr. Shelton.
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{\an8}You're not being a two process thinker, sir.
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{\an8}Let me explain something to you. I came
to California from Connecticut.
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To the place where we live in California.
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I walked into the master bath,
to the toilet.
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A viola. I see a puddle of water
around the toilet.
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I say to myself, "Self, you went
to law school.
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"You don't know what this is.
But it's not a leak
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"that's coming from the back, it's a leak
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that looks like it's coming
from the bottom."
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So I called engineering,
fortunately I live in a place
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where somebody will come up.
They came up right away.
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The first thing they did
was turn off the water.
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Smart, just like you did.
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Then they opened up the problem,
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looked at the problem. and said,
"We need a part."
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Unfortunately, those are not the same
parts that we keep in the hotel.
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"We'll have to order it."
Turned off the water.
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Use a different bathroom.
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For the two or three days it needs
to get the part.
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You weren't there, so just pay attention
to me, Mr. Foy.
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You weren't there. I'm just letting you
know what common sense is
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living on the planet for a long time.
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If you have a leak that's caused by
a faulty part
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and you don't fix the part
because you don't have the part,
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{\an8}- you turn the water off.
- May I point something out?
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{\an8}He had to turn off the water
to the whole house,
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{\an8}because there is no shut off
to the shower.
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- [Judy] Just a second.
- He had turned the water off
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to the whole house ad he had put this
cartridge back
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before he turned the water on.
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What difference does it make if he put the
cartridge back?
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He has taken the cartridge apart.
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- No.
- In order to see what it was.
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- He took it out of the wall.
- [Shelton] He took it out of the wall,
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Mr. Shelton, if your employee-- and if
what you're saying is accurate,
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which I don't actually think is accurate,
because every room in a house
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usually has a turn off valve,
especially in the bathroom--
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so you don't have to turn off all the
water to the kitchen
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and to other bathrooms, perhaps,
if there's a problem in the shower.
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There's a master lever for the whole house
and then there are smaller levers
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- for each. I don't...
- For everything except the shower, ma'am.
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What do you mean for everything except
the shower?
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The shower does not have
an individual shut off.
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You do indeed have to shut off
all water to the house.
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The vanities, the toilets,
all have individual angle stops,
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but the shower does not.
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Where you ever at the house?
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- No, ma'am.
- No, so you were never at the house.
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00:10:46,166 --> 00:10:48,333
- [Foy] No, ma'am.
- How many square feet is your house?
220
00:10:48,533 --> 00:10:49,867
It's 2,500.
221
00:10:49,934 --> 00:10:51,867
That's a substantial house.
So you're telling me
222
00:10:51,934 --> 00:10:53,533
in a 2,500 hundred square foot house,
223
00:10:53,600 --> 00:10:57,900
if you have a leak in the shower, you have
to turn off all the water
224
00:10:57,967 --> 00:10:59,767
if you want to turn off the shower water?
225
00:10:59,834 --> 00:11:02,233
- Yes, ma'am, that's absolutely correct.
- [Judy] That's absolutely correct.
226
00:11:02,300 --> 00:11:04,500
- Having not been there?
- Yes, ma'am. I build houses.
227
00:11:04,667 --> 00:11:07,800
No, no, no, no. I don't care if you build.
You weren't in that house.
228
00:11:07,867 --> 00:11:10,734
This has no shut off, ma'am.
Other than the whole house.
229
00:11:10,800 --> 00:11:13,533
You have to shut the water to the house
off to shut that off.
230
00:11:13,867 --> 00:11:18,200
So, now here's my question.
Did you tell the plaintiff
231
00:11:18,266 --> 00:11:21,900
that she had two options?
Either to shut the water off
232
00:11:21,967 --> 00:11:24,133
in the whole house
until you could get a part
233
00:11:24,200 --> 00:11:27,500
because there was still a leak,
or you could leave it on
234
00:11:27,567 --> 00:11:29,867
but you have to watch it,
because according to you,
235
00:11:29,934 --> 00:11:32,367
the water was substantial that was
coming out.
236
00:11:32,433 --> 00:11:34,800
She said it was a trickle.
You said, oh, no, no, no.
237
00:11:34,867 --> 00:11:37,667
It was a steady stream of water.
238
00:11:38,233 --> 00:11:40,300
And that was before you started
messing with it.
239
00:11:40,367 --> 00:11:44,500
So my question to you is did you tell her
that those were her options?
240
00:11:44,567 --> 00:11:48,567
She's not a plumber. That you had to
either turn off all the water in the house
241
00:11:48,633 --> 00:11:50,800
and you would return the next day with
a part,
242
00:11:50,867 --> 00:11:53,967
or you could leave the water on but it
was still going to be leaking.
243
00:11:54,033 --> 00:11:55,800
- Did you tell her that?
- Yes.
244
00:11:55,867 --> 00:11:57,633
- It would still be leaking.
- No way.
245
00:11:57,700 --> 00:12:01,300
- No, no way, Mr. Shelton.
- It was leaking when I left.
246
00:12:01,367 --> 00:12:04,633
{\an8}[Judy] No way did you tell her that.
No way did you say to her,
247
00:12:04,700 --> 00:12:06,867
"This shower is still going to be leaking,
248
00:12:06,934 --> 00:12:09,900
"because I can't shut the water off
just to the bathroom,
249
00:12:09,967 --> 00:12:12,000
I have to shut off all the water in
the house."
250
00:12:12,100 --> 00:12:15,300
If you're trying to sell me that story,
I have a bridge I want to sell you.
251
00:12:15,367 --> 00:12:18,100
- 'Cause I don't believe it.
- There's no way to isolate that valve.
252
00:12:18,166 --> 00:12:20,867
- [Judy] I didn't ask you that.
- When it comes to the shower...
253
00:12:20,934 --> 00:12:22,734
- You were never there.
- ...or the tub.
254
00:12:22,800 --> 00:12:27,233
- Just a second. You were never there.
- You can't turn it off, individually.
255
00:12:27,600 --> 00:12:31,300
[Judy] I have this question for you. How
many bathrooms do you have in your house?
256
00:12:31,367 --> 00:12:33,500
- Three.
- When he left the first time
257
00:12:33,567 --> 00:12:37,266
and he shut the water off, did he indicate
to you that you couldn't use the water
258
00:12:37,333 --> 00:12:40,934
- anywhere in the house?
- Yes. I believe he told me at first
259
00:12:41,000 --> 00:12:43,200
that he was going to shut off the water to
the house.
260
00:12:43,266 --> 00:12:46,400
Okay, so you knew-- so you couldn't use
any other of the toilets in the house?
261
00:12:46,767 --> 00:12:48,967
- No.
- Okay, you maybe getting better.
262
00:12:49,033 --> 00:12:51,834
When he left, did you use the bathroom?
263
00:12:51,900 --> 00:12:53,600
- The answer is yes.
- Yes.
264
00:12:53,667 --> 00:12:56,433
So you knew that the the water had been
turned back on?
265
00:12:56,900 --> 00:12:58,633
- Oh, absolutely.
- [Judy] In the house. Just a minute.
266
00:12:58,700 --> 00:13:02,166
So you knew the water had been turned back
on in the house
267
00:13:02,233 --> 00:13:04,800
even though he didn't tell you I'm turning
it back on, you knew?
268
00:13:04,867 --> 00:13:07,967
And you knew he hadn't fixed the problem?
269
00:13:08,066 --> 00:13:10,834
- Correct.
- So you knew that you better watch this,
270
00:13:10,900 --> 00:13:14,900
which is why you called your contractor to
come and look at it?
271
00:13:14,967 --> 00:13:17,100
- Correct.
- You're getting better, Mr. Foy.
272
00:13:17,166 --> 00:13:19,400
You're coming into a better place,
you see?
273
00:13:19,467 --> 00:13:21,166
Things work themselves out.
274
00:13:21,233 --> 00:13:25,533
Now, you know that the water is still
dripping. You know there's still a leak.
275
00:13:25,900 --> 00:13:29,367
- Correct.
- You know that if you use the water,
276
00:13:29,433 --> 00:13:33,133
that water is still going to be a steady
stream coming out.
277
00:13:33,200 --> 00:13:35,767
{\an8}You didn't get another plumber there
until when?
278
00:13:35,834 --> 00:13:37,834
{\an8}- The next morning.
- Well, that's your contractor.
279
00:13:37,900 --> 00:13:39,867
- You said he came.
- No, I got a plumber there
280
00:13:39,934 --> 00:13:42,967
- the next morning.
- Okay, and they came and did
281
00:13:43,033 --> 00:13:46,066
- they fix the valve?
- They had to open the wall
282
00:13:46,133 --> 00:13:49,000
to cap off the hot and cold water.
283
00:13:49,066 --> 00:13:52,633
- So it was a big job?
- It was huge. I neglected to say
284
00:13:52,700 --> 00:13:56,400
it in the beginning, but when he took the
shower valve off,
285
00:13:56,467 --> 00:13:59,767
he looked in the wall and he said,
"It's dry in there, you're lucky."
286
00:13:59,834 --> 00:14:04,166
So, that next morning when I walked into
the master bedroom and I was
287
00:14:04,233 --> 00:14:07,567
- walking in wet, I did call the guy.
- Foy.
288
00:14:07,633 --> 00:14:09,800
- Mm-hmm.
- Now, tell me where you felt it
289
00:14:09,867 --> 00:14:12,767
when you walked into the master bedroom.
Do you have wood floors there or carpet?
290
00:14:12,834 --> 00:14:16,233
It's all wood and it was right as I got to
where the bathroom
291
00:14:16,300 --> 00:14:19,600
and the master bedroom meet.
292
00:14:19,667 --> 00:14:23,600
- There's no door.
- So, it was outside that it was wet?
293
00:14:23,667 --> 00:14:26,033
I thought my dog had an accident
on the floor.
294
00:14:27,300 --> 00:14:32,934
And prior to the 29th, it's not
getting to look good for you again.
295
00:14:33,000 --> 00:14:35,800
- Prior to the time Mr. Shelton...
- May I clarify.
296
00:14:35,867 --> 00:14:38,500
The room that she's talking about,
the shower's here.
297
00:14:38,567 --> 00:14:40,600
Robby's working in the shower,
298
00:14:40,667 --> 00:14:42,600
- where it's all tile.
- [Judy] You weren't there.
299
00:14:42,667 --> 00:14:45,400
- We never went into her bedroom.
- Yes, you did. You have to.
300
00:14:45,467 --> 00:14:48,000
You can't tell me that,
'cause you weren't there.
301
00:14:48,066 --> 00:14:51,200
Is the bathroom adjacent to the bedroom?
302
00:14:51,266 --> 00:14:55,600
So to get to the master bathroom, you have
to walk into the master bedroom
303
00:14:55,667 --> 00:14:58,900
- and make a left.
- [Judy] Okay, now Mr. Shelton,
304
00:14:58,967 --> 00:15:02,200
you recall saying to the plaintiff,
when you looked in the wall,
305
00:15:02,266 --> 00:15:03,867
"You're lucky it's dry in here"?
306
00:15:03,934 --> 00:15:06,367
I said it looks dry. I'm not an ex...
307
00:15:06,667 --> 00:15:09,200
Just a second. Mr. Shelton, you wouldn't
have said to her,
308
00:15:09,266 --> 00:15:11,233
"It looks dry in here. I'm not an expert."
309
00:15:11,300 --> 00:15:12,700
- Expert in water damage.
- [Judy] That you say--
310
00:15:12,767 --> 00:15:16,300
Yeah, I didn't... You can't really see
into that wall, 'cause it's tiled, right?
311
00:15:16,367 --> 00:15:19,266
You can't really look into the wall unless
you open it, but there was no reason
312
00:15:19,333 --> 00:15:21,233
- for me to open it.
- Evidently you're wrong.
313
00:15:21,300 --> 00:15:23,567
Either you were wrong that it was dry,
314
00:15:23,633 --> 00:15:27,300
or when you put the thing back together
again, something didn't work.
315
00:15:30,533 --> 00:15:33,600
{\an8}After he touched it, it was no longer
leaking in the shower.
316
00:15:33,667 --> 00:15:35,834
{\an8}Now it was going through the wall.
317
00:15:35,900 --> 00:15:39,867
{\an8}I'm just telling you that's the time
sequence, unless you believe in
318
00:15:40,033 --> 00:15:41,734
{\an8}miracles.
319
00:15:53,266 --> 00:15:56,967
{\an8}[announcer] Carla Czako has accused
plumbers, Robby Shelton
320
00:15:57,033 --> 00:16:00,367
{\an8}and Scotty Foy, of causing water damage to
her home.
321
00:16:00,500 --> 00:16:04,066
Robby and Scotty claim the leak had been
there for weeks.
322
00:16:04,133 --> 00:16:07,300
Mr. Foy, you have a lot to say for someone
who was never there.
323
00:16:07,367 --> 00:16:09,433
Someone who's been a plumber for 40 years.
324
00:16:09,500 --> 00:16:12,867
I've been alive with houses for longer
than you've been a plumber,
325
00:16:13,667 --> 00:16:17,333
and there are certain things from just
being on the planet.
326
00:16:17,633 --> 00:16:22,400
This leak was first detected more than two
weeks before your plumber got there.
327
00:16:22,467 --> 00:16:26,100
Right, that's what she says. However,
within that two week period,
328
00:16:26,166 --> 00:16:28,800
there was no water damage to the wood.
329
00:16:28,867 --> 00:16:32,633
The only time there was water... Listen,
you can shake your head all you like.
330
00:16:32,700 --> 00:16:34,800
- This is the time we got...
- We got called because
331
00:16:34,867 --> 00:16:36,934
- there was a leak, ma'am.
- [Judy] No, you got called
332
00:16:37,000 --> 00:16:39,066
- 'cause there was a leak in the shower.
- According to her, it was leaking for
333
00:16:39,133 --> 00:16:42,734
- ten days.
- Mr. Foy, Mr. Foy-- what I'm telling you
334
00:16:42,800 --> 00:16:46,900
is he would never tell me that when he got
there, he noticed
335
00:16:46,967 --> 00:16:52,800
anything that would suggest to him that
he best keep the water off in that house,
336
00:16:52,867 --> 00:16:55,767
because there was water damage.
337
00:16:55,834 --> 00:16:59,100
He didn't notice that. He just took it
apart, couldn't find a part,
338
00:16:59,166 --> 00:17:02,934
put it back together again-- whichever way
he put it back together again--
339
00:17:03,000 --> 00:17:06,967
and the next morning there was a flood.
Now, that's the time sequence,
340
00:17:07,033 --> 00:17:11,200
because she called you the next morning.
Couldn't get you at eight thirty.
341
00:17:11,266 --> 00:17:14,033
I don't know whether she used the house
phone. I don't know if she used a cell--
342
00:17:14,100 --> 00:17:16,400
- A cell phone.
- [Judy] Cell phone. So she would have
343
00:17:16,467 --> 00:17:20,333
a record of calling you at 8:30 the next
morning, because there was a problem.
344
00:17:20,400 --> 00:17:24,767
She felt water. So before your technician
got there, there was no water
345
00:17:24,834 --> 00:17:28,900
coming up in her bedroom on the wood.
And that had been water dripping--
346
00:17:28,967 --> 00:17:33,934
he says a lot, she said it was a trickle--
for 18 days.
347
00:17:34,000 --> 00:17:36,934
Into the shower, ma'am.
It was dripping into the shower.
348
00:17:37,000 --> 00:17:40,967
Until he touched it. After he touched it,
it was no longer
349
00:17:41,033 --> 00:17:44,066
leaking in the shower.
Now it was going through the wall.
350
00:17:44,133 --> 00:17:48,433
I'm just telling you, that's the time
sequence, unless you believe in...
351
00:17:49,533 --> 00:17:53,066
Miracles. Things that, you know,
just happen.
352
00:17:53,133 --> 00:17:57,867
Something had been going on for 18 days,
and there was no incident of water damage
353
00:17:57,934 --> 00:18:01,333
in her bedroom. Your technician comes.
Doesn't fix the problem.
354
00:18:01,400 --> 00:18:04,834
But takes it apart, puts it back together
again, then the next day--
355
00:18:04,900 --> 00:18:09,600
voila, there's water damage on the wood,
which has to be replaced.
356
00:18:09,667 --> 00:18:12,200
Now, either that could have happened
by itself,
357
00:18:12,266 --> 00:18:15,734
{\an8}because your technician says it's not
my job. I don't look behind the wall.
358
00:18:15,800 --> 00:18:18,533
{\an8}But he did acknowledge saying to her,
359
00:18:18,600 --> 00:18:20,767
"It looks dry in here."
360
00:18:20,834 --> 00:18:23,834
He does acknowledge saying that.
Now, if I had a plumber
361
00:18:23,900 --> 00:18:26,367
and the plumber said,
"I'm not the expert."
362
00:18:26,433 --> 00:18:29,900
I had a leak in my apartment
with a leaky toilet.
363
00:18:29,967 --> 00:18:32,000
The floor started to go like this.
364
00:18:32,066 --> 00:18:33,734
Couldn't figure out where it came from.
365
00:18:33,800 --> 00:18:36,467
They came down,
they pulled all the walls apart
366
00:18:36,533 --> 00:18:39,200
in the apartment. Water travels down.
367
00:18:39,266 --> 00:18:42,433
I said, "Well, if water travels down,
why don't you go look at
368
00:18:42,500 --> 00:18:43,867
"the apartment above me
369
00:18:43,934 --> 00:18:47,867
instead of pulling out the walls
on the side?"
370
00:18:47,934 --> 00:18:52,667
Well, if something doesn't make sense,
it's usually not true.
371
00:18:52,734 --> 00:18:55,767
Can you, Mr. Foy-- and you were not there.
372
00:18:55,867 --> 00:18:59,000
Could you give me another explanation
of why?
373
00:18:59,066 --> 00:19:04,467
{\an8}Because I believe her. This woman is not
faking damage to her wood floors
374
00:19:04,700 --> 00:19:08,700
that resulted within that day. If he left
at four o'clock in the afternoon,
375
00:19:08,767 --> 00:19:12,367
the next day she called you at 8:30,
so during that time period
376
00:19:12,433 --> 00:19:17,100
was sufficient water that came through
her house to cause damage to her floors.
377
00:19:17,166 --> 00:19:18,500
Give me another explanation.
378
00:19:18,567 --> 00:19:20,800
I contend it was a leak that was there.
379
00:19:20,867 --> 00:19:23,200
{\an8}- She didn't notice it. As she said...
- [Judy] No, no.
380
00:19:23,266 --> 00:19:25,934
{\an8}she didn't use that bathroom. She never--
she wasn't in that room.
381
00:19:26,000 --> 00:19:28,767
- He was in that room.
- I know, but what I'm saying is
382
00:19:28,900 --> 00:19:30,734
- the water damage was there...
- [Judy] He was in the room.
383
00:19:30,800 --> 00:19:33,500
- before he was there.
- So your explanation is
384
00:19:33,567 --> 00:19:37,467
that you sent a technician there. Now it's
not looking so good for you, Mr. Foy.
385
00:19:37,533 --> 00:19:40,166
Your explanation is your technician
386
00:19:40,233 --> 00:19:43,900
didn't notice sufficient leaking
387
00:19:43,967 --> 00:19:47,233
from that valve, to say to her
388
00:19:47,300 --> 00:19:52,066
"You best turn the water off in the house
and not use the water
389
00:19:52,133 --> 00:19:54,433
until I get back to fix it."
390
00:19:54,500 --> 00:19:57,000
He wasn't looking in the bedroom, ma'am.
He's in the shower.
391
00:19:57,066 --> 00:19:58,667
He saw the leak in the shower.
392
00:19:58,734 --> 00:20:00,033
Can I see pictures of the floor please?
393
00:20:00,100 --> 00:20:02,567
- Can I say something? When I left...
- Sure.
394
00:20:02,633 --> 00:20:06,567
it was not leaking. It was leaking the
same way it was leaking when I got there.
395
00:20:06,667 --> 00:20:09,467
- Out the front.
- Well, just a second. That's a lot.
396
00:20:09,533 --> 00:20:12,633
- [Shelton] It was coming out. Well--
- According to you. According...
397
00:20:12,700 --> 00:20:14,500
- According to you.
- Well, what a lot to me is...
398
00:20:14,567 --> 00:20:17,133
- A little stream is a lot of water.
- Mr. Shelton, listen, Mr. Shelton.
399
00:20:17,200 --> 00:20:18,800
Listen Mr. Shelton.
400
00:20:18,867 --> 00:20:22,667
She said a trickle. You said,
"No, it was a steady stream."
401
00:20:22,734 --> 00:20:25,400
- A little stream.
- That's steady?
402
00:20:25,467 --> 00:20:27,166
- Steady stream.
- Steady stream.
403
00:20:27,233 --> 00:20:29,166
That's what you said, right?
404
00:20:29,233 --> 00:20:31,266
Can I see pictures of the floors, please?
405
00:20:32,000 --> 00:20:34,600
Between four o'clock and 8:30
in the morning.
406
00:20:38,300 --> 00:20:39,867
Can I see the bill to fix it, please?
407
00:20:39,934 --> 00:20:43,900
I also have the person that fixed it.
He wrote what he did.
408
00:20:43,967 --> 00:20:47,333
- Oh, yeah.
- Kind of itemizes that.
409
00:20:48,834 --> 00:20:51,100
Would you show this, please,
to the defendant?
410
00:20:51,166 --> 00:20:52,400
Yes.
411
00:21:00,233 --> 00:21:01,900
Thank you.
412
00:21:05,033 --> 00:21:08,600
[Judy] So, Mr. Foy, I assume you have
insurance. You should have used it,
413
00:21:08,667 --> 00:21:11,533
because I think you're responsible for the
damage to her floors.
414
00:21:11,600 --> 00:21:15,600
And I think that was done because your
technician did not do an adequate job
415
00:21:15,667 --> 00:21:17,934
protecting it between the time he found
the leak
416
00:21:18,000 --> 00:21:20,433
and between the next day. Nothing else
makes sense to me.
417
00:21:20,500 --> 00:21:22,767
$3,589. Judgment for the plaintiff.
418
00:21:22,834 --> 00:21:25,100
- Thank you.
- [Rasco] This court is adjourned.
419
00:21:25,333 --> 00:21:27,567
{\an8}I don't really agree with it because it
was already leaking
420
00:21:27,633 --> 00:21:29,100
{\an8}before I got there and she admitted to it.
421
00:21:29,166 --> 00:21:31,333
{\an8}I'm just thankful this is over.
422
00:21:31,400 --> 00:21:33,767
{\an8}That is a wood floor. Water could have
been underneath
423
00:21:33,834 --> 00:21:35,367
{\an8}the wood floor and not showed itself.
424
00:21:35,433 --> 00:21:38,066
{\an8}You would think once they pull up the
floor, there would be mold.
425
00:21:38,133 --> 00:21:41,200
{\an8}- I have nightmares about leaks.
- Got justice today. Thank goodness.
426
00:21:41,967 --> 00:21:44,900
So, you tell me that there are houses that
you know
427
00:21:44,967 --> 00:21:46,967
- where there is a master switch?
- Yes.
428
00:21:47,033 --> 00:21:48,867
That you have to turn off the shower.
429
00:21:48,934 --> 00:21:51,667
I know that it can be expensive to have
all the valves in your house
430
00:21:51,734 --> 00:21:53,533
be the individual shut off valves.
431
00:21:53,600 --> 00:21:56,834
I do think it's safer, but honestly, not
everyone has the luxury
432
00:21:56,900 --> 00:21:58,000
of being able to afford them.
433
00:21:58,066 --> 00:22:00,266
- Even if that's the case...
- Mmm-hmm.
434
00:22:00,333 --> 00:22:03,367
...you should give the homeowner
who called you--
435
00:22:03,433 --> 00:22:05,300
say, "Listen, there is a leak here.
436
00:22:05,367 --> 00:22:08,367
"I can shut off all the water until
I return tomorrow
437
00:22:08,433 --> 00:22:10,300
so you won't have any water
in the house overnight."
438
00:22:10,367 --> 00:22:13,400
He didn't give her that option,
and I honestly believe
439
00:22:13,467 --> 00:22:16,600
that what he did-- in according to the
second plumber's report
440
00:22:16,667 --> 00:22:19,633
was accurate-- he didn't put that valve
back on
441
00:22:19,700 --> 00:22:24,600
the same way that it was. So between four
o'clock in the afternoon
442
00:22:24,934 --> 00:22:28,266
and the next day, which is, you know,
15 hours,
443
00:22:28,333 --> 00:22:30,734
that water was gushing from the inside
444
00:22:30,800 --> 00:22:32,300
- where it had not before.
- Mm-hmm.
445
00:22:32,367 --> 00:22:35,467
But I think he actually didn't put the
valve on correctly.
446
00:22:35,533 --> 00:22:37,867
- That's also possible. Yes.
- The broken one.
447
00:22:37,934 --> 00:22:40,834
- And just put it back on and said I'll...
- Either way, they were negligent.
448
00:22:40,900 --> 00:22:43,166
- [Judy] I think so.
- You have to pay for that.
449
00:22:43,633 --> 00:22:47,166
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