1
00:00:00,333 --> 00:00:02,767
I just heard a big bang.
2
00:00:04,200 --> 00:00:06,467
And that is where you hit him.
3
00:00:06,533 --> 00:00:08,300
That's where he hit me with his car.
4
00:00:08,367 --> 00:00:10,266
No, he can't hit you sideways, sir.
5
00:00:10,333 --> 00:00:14,767
Now, whoever's fault this was,
cars don't go sideways, they go front.
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00:00:14,834 --> 00:00:17,000
Let's be serious, I don't have all day.
7
00:00:17,066 --> 00:00:19,834
This is Judy Justice.
8
00:00:37,033 --> 00:00:40,500
{\an8}Kaloyan Popyanchev
is suing fellow motorist,
9
00:00:40,567 --> 00:00:43,467
{\an8}Spencer Gilbert, for car damage.
10
00:00:43,533 --> 00:00:46,300
Court, come to order. All rise.
11
00:00:46,367 --> 00:00:47,800
Have a seat, please.
12
00:00:47,867 --> 00:00:51,834
{\an8}Hello, Judge. Case #2084,
Popyanchev versus Gilbert.
13
00:00:51,900 --> 00:00:53,467
- Thank you.
- You're welcome.
14
00:00:53,533 --> 00:00:58,567
Mr. Popyanchev, you were
driving in your car, 2008 BMW.
15
00:00:58,633 --> 00:00:59,533
That's correct.
16
00:00:59,600 --> 00:01:01,667
And that was on the 14th of November
17
00:01:01,734 --> 00:01:03,166
- of last year.
- That is correct.
18
00:01:03,233 --> 00:01:06,266
Tell me what time of day
this accident happened.
19
00:01:06,333 --> 00:01:10,667
It was approximately 3:15 PM.
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00:01:10,734 --> 00:01:12,233
- So, daylight hours.
- Yes.
21
00:01:12,300 --> 00:01:13,834
And tell me where you were going.
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00:01:13,900 --> 00:01:18,967
I was going Eastbound on Sunset Boulevard
in Beverly Hills, I was driving.
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00:01:19,033 --> 00:01:20,266
Eastbound on...
24
00:01:20,333 --> 00:01:22,734
Sunset Boulevard, in Beverly Hills.
25
00:01:22,800 --> 00:01:26,900
I was driving in the right,
so-called slow lane,
26
00:01:26,967 --> 00:01:29,567
when I tried to make a right turn.
27
00:01:29,633 --> 00:01:30,500
Where?
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00:01:30,567 --> 00:01:35,934
{\an8}It's a intersection. The name of the
street is Palm Drive.
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00:01:36,000 --> 00:01:39,200
Is that intersection controlled by a light
or a stop sign?
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00:01:39,266 --> 00:01:42,333
No, there is no stop sign or a light.
31
00:01:42,400 --> 00:01:43,667
At that intersection.
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00:01:43,734 --> 00:01:44,600
That is correct.
33
00:01:44,667 --> 00:01:48,066
I assume somebody has a video or
photograph of that section,
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00:01:48,133 --> 00:01:50,100
that would demonstrate
that there is no light.
35
00:01:50,166 --> 00:01:51,367
I do, Your Honor.
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00:01:51,433 --> 00:01:54,066
{\an8}Is there a light
or a stop sign at that intersection?
37
00:01:54,133 --> 00:01:55,333
{\an8}No, Your Honor, there's not.
38
00:01:55,400 --> 00:01:58,300
Did you put on your signal,
indicating a right turn?
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00:01:58,367 --> 00:01:59,300
Yes, I did.
40
00:01:59,367 --> 00:02:00,900
How far from the corner?
41
00:02:00,967 --> 00:02:04,633
I can't state distance, but
it was approximately five seconds
42
00:02:04,700 --> 00:02:06,667
before I reached the intersection.
43
00:02:06,734 --> 00:02:08,000
Was there traffic that day?
44
00:02:08,066 --> 00:02:09,400
- Yes.
- A lot?
45
00:02:09,467 --> 00:02:10,934
Very light, it was Sunday.
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00:02:11,000 --> 00:02:14,734
So far, Mr. Gilbert, is that correct
that there was light traffic on that day?
47
00:02:14,800 --> 00:02:15,734
Yes, Your Honor.
48
00:02:15,800 --> 00:02:21,033
And you were traveling on
a motor-something called a Vespa.
49
00:02:21,100 --> 00:02:22,467
Which is a small...
50
00:02:22,533 --> 00:02:23,900
Small scooter, yes, Your Honor.
51
00:02:23,967 --> 00:02:25,033
But motorized.
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00:02:25,100 --> 00:02:26,066
Yes, ma'am.
53
00:02:26,133 --> 00:02:30,400
And does, I don't know about these things,
does a Vespa have to be registered
54
00:02:30,467 --> 00:02:32,533
and have a license plate on it?
55
00:02:32,600 --> 00:02:34,767
{\an8}Uh, I do have a license plate
on the
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00:02:34,834 --> 00:02:38,467
{\an8}Okay, so, your Vespa
is registered as a motor vehicle
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00:02:38,533 --> 00:02:39,734
and you have a license plate.
58
00:02:39,800 --> 00:02:40,667
Yes, Your Honor.
59
00:02:40,734 --> 00:02:42,066
Now, tell me what happened, sir.
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00:02:42,133 --> 00:02:46,967
As I proceeded to make a right turn
onto Palm Drive,
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00:02:47,033 --> 00:02:52,300
I just heard a, an airflow,
uh, it was a big bang. It was an impact.
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00:02:52,367 --> 00:02:53,567
On your passenger side.
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00:02:53,633 --> 00:02:57,967
On, yes, on my right passenger side.
Then I realized that
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00:02:58,033 --> 00:03:02,767
there was a small motorcycle or a motoped
that hit my vehicle.
65
00:03:02,834 --> 00:03:06,266
Hit your side. And you
were the person riding that Vespa.
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00:03:06,333 --> 00:03:07,367
Yes, Your Honor.
67
00:03:07,433 --> 00:03:09,367
Okay. May I see the damage to your car?
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00:03:09,433 --> 00:03:10,700
Yes.
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00:03:15,967 --> 00:03:21,667
Sarah Rose, get me the price
of a 2008 BMW 7-series.
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00:03:21,734 --> 00:03:22,600
Will do.
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00:03:22,667 --> 00:03:23,700
Thanks.
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00:03:29,600 --> 00:03:32,200
What you're talking about is this damage,
sir. Is that correct?
73
00:03:32,266 --> 00:03:33,867
Yes, front passenger...
74
00:03:33,934 --> 00:03:35,066
- I see.
- Yeah.
75
00:03:35,133 --> 00:03:37,734
I just made a circle.
Can you see the circle that I made?
76
00:03:37,800 --> 00:03:39,266
Yes, that is correct.
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00:03:39,333 --> 00:03:42,934
Okay. And that is, Mr. Gilbert,
where you hit him with your Vespa.
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00:03:43,000 --> 00:03:44,967
That's where he hit me with his car.
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00:03:45,033 --> 00:03:46,734
No, he can't hit you sideways, sir.
80
00:03:46,800 --> 00:03:47,867
He side-swiped me.
81
00:03:47,934 --> 00:03:52,266
He can't hit you sideways, sir.
He can't slide into you.
82
00:03:52,333 --> 00:03:55,500
Now, whoever's fault this was,
I'll try to figure it out,
83
00:03:55,567 --> 00:03:59,734
but you hit him because
this is the area of impact.
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00:03:59,800 --> 00:04:04,300
Cars don't go sideways, they go front.
You have pictures of your Vespa?
85
00:04:04,367 --> 00:04:06,633
- Yes.
- I'd like to take a look at them.
86
00:04:06,700 --> 00:04:11,133
Your Honor, based on
a 100,000 mile BMW 7-series,
87
00:04:11,200 --> 00:04:16,300
between $4,700 and $7,800
is about the range.
88
00:04:16,367 --> 00:04:20,867
I just want to know, because
I have to see what this kind of da...
89
00:04:20,934 --> 00:04:23,233
He's suing for $10,000,
which is ridiculous.
90
00:04:26,133 --> 00:04:28,734
That doesn't show me much, actually.
91
00:04:30,567 --> 00:04:34,166
Okay. So, I can't see
the front of your Vespa, sir.
92
00:04:34,233 --> 00:04:38,000
I assume that the front is the end that's
damaged because I see the back.
93
00:04:38,066 --> 00:04:41,266
Yeah, the front end
was completely collapsed from the impact.
94
00:04:41,333 --> 00:04:43,233
So, the front of your Vespa was damaged
95
00:04:43,300 --> 00:04:46,567
{\an8}because that's where you hit him
with your Vespa.
96
00:04:46,633 --> 00:04:48,166
{\an8}No, Your Honor, that's not correct.
97
00:04:48,233 --> 00:04:51,400
{\an8}The back end was not damaged, nor
does it look like the sides are damaged.
98
00:04:51,467 --> 00:04:54,266
These are the pictures you gave me.
The only thing I can't see
99
00:04:54,333 --> 00:04:58,900
is the front crushed end. Am I correct,
that I can't see the front crushed end?
100
00:04:58,967 --> 00:05:01,834
- Yes.
- Okay. So, now, I'm telling you,
101
00:05:01,900 --> 00:05:04,667
that based upon these photographs,
yours and his,
102
00:05:04,734 --> 00:05:09,133
you hit his car. Okay.
Now, that's the chart.
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00:05:09,200 --> 00:05:10,300
Mm-hmm.
104
00:05:10,367 --> 00:05:12,000
Whose chart is that?
105
00:05:12,066 --> 00:05:13,367
It's from the police report.
106
00:05:13,433 --> 00:05:16,467
{\an8}Great. Now,
the police report doesn't show
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00:05:16,533 --> 00:05:21,500
{\an8}a bike lane there, or any other lane.
It shows that there's a car
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00:05:21,567 --> 00:05:25,367
traveling in a car lane, and I...
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00:05:25,433 --> 00:05:31,033
{\an8}And the Vespa hitting...
See, he can't hit. You can hit.
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00:05:31,100 --> 00:05:34,533
{\an8}He can't hit you.
Now, tell me, sir, why is it
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00:05:34,600 --> 00:05:38,867
{\an8}that you were driving where you were?
You were behind him, initially.
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00:05:38,934 --> 00:05:43,767
No, Your Honor, I was traveling Eastbound
down Sunset, heading to work.
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00:05:43,834 --> 00:05:48,066
{\an8}He was right next to me.
When we got to Palm, he turned into me,
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00:05:48,133 --> 00:05:52,166
{\an8}pushed me. I barely was able
to keep control of my vehicle...
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00:05:52,233 --> 00:05:57,967
Is what you're telling me,
that your Vespa was never behind his?
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00:06:00,667 --> 00:06:03,400
This, you're not getting. I want you
to get this right out of your mind.
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00:06:03,467 --> 00:06:07,100
Your whole car isn't worth $10,000.
Let's be serious, I don't have all day.
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00:06:07,166 --> 00:06:08,133
Do you have a bill?
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00:06:08,200 --> 00:06:09,433
And later today...
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00:06:09,500 --> 00:06:12,500
And I know you're dying to tell me
that there was noise there,
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00:06:12,567 --> 00:06:14,734
that you couldn't live there,
that it was terrible.
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00:06:14,800 --> 00:06:16,734
Well, that's what happens
when you live in a place
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00:06:16,800 --> 00:06:18,533
with a whole bunch of other people.
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00:06:28,500 --> 00:06:32,066
{\an8}Kaloyan Popyanchev
claims fellow motorist,
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00:06:32,133 --> 00:06:36,900
{\an8}Spencer Gilbert owes for car damage
after hitting him with his Vespa.
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00:06:36,967 --> 00:06:42,166
Is what you're telling me that your Vespa
was never behind his?
127
00:06:42,233 --> 00:06:44,133
No, I was never behind his vehicle.
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00:06:44,200 --> 00:06:45,500
Do we have any other video?
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00:06:45,567 --> 00:06:48,734
I do have a dash-camera video
of the, um, accident.
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00:06:48,800 --> 00:06:50,233
May I see it, please?
131
00:07:03,900 --> 00:07:06,600
Play it again, please.
Start from the beginning.
132
00:07:09,400 --> 00:07:11,900
So, let's go slowly.
133
00:07:11,967 --> 00:07:17,567
Okay. Well, it's clear to me, Mr. Gilbert,
that you came up behind him.
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00:07:17,633 --> 00:07:21,633
Just go back a little bit.
You weren't right next to him 'cause...
135
00:07:21,700 --> 00:07:25,633
I was next to him because
as he slows down to make his turn,
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00:07:25,700 --> 00:07:27,567
that's when he makes contact with me.
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00:07:34,433 --> 00:07:36,533
I was right next to him the entire time.
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00:07:36,600 --> 00:07:37,567
Impossible.
139
00:07:38,767 --> 00:07:40,533
May I see the police report, please?
140
00:07:40,600 --> 00:07:43,300
Yes. There's actually two police reports.
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00:07:43,367 --> 00:07:44,233
May I see them?
142
00:07:44,300 --> 00:07:47,700
Was anybody given a summons
on that day?
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00:07:47,767 --> 00:07:48,767
Nobody?
144
00:07:50,000 --> 00:07:52,300
Neither party was given a summons,
is that correct?
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00:07:52,367 --> 00:07:54,066
Not that I know of, Your Honor.
146
00:07:56,767 --> 00:08:01,033
Okay. So, this is the narrative after
witnesses were questioned.
147
00:08:01,100 --> 00:08:06,367
And the opinion, based upon
the witnesses' testimony and yours,
148
00:08:06,433 --> 00:08:10,333
and the fact that the police officer
actually heard in the video,
149
00:08:10,400 --> 00:08:14,166
the clicking of the turn signal,
indicating a right turn
150
00:08:14,233 --> 00:08:17,800
{\an8}approximately five seconds
before the right turn was executed,
151
00:08:17,867 --> 00:08:22,633
{\an8}according to the police officer
as a result of viewing the cam
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00:08:22,700 --> 00:08:26,834
that he had, the video, that he was
making a slow right turn.
153
00:08:26,900 --> 00:08:31,200
He had turned on his signal
approximately five seconds before
154
00:08:31,266 --> 00:08:34,300
and you were coming up on him
on your right.
155
00:08:34,367 --> 00:08:39,667
And it says, based upon the video footage,
I determined that the first car,
156
00:08:39,734 --> 00:08:42,734
and that would be his,
should not have been placed at fault
157
00:08:42,800 --> 00:08:45,934
for this collision because
he activated his turn signal
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00:08:46,000 --> 00:08:49,600
and made a safe turn
to go Southbound on Park Drive.
159
00:08:49,667 --> 00:08:53,000
The fault of the collision
is on the part of Mr. Gilbert
160
00:08:53,066 --> 00:08:57,900
{\an8}for violating 21755CVC
which states in part,
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00:08:57,967 --> 00:09:03,767
that the driver of a vehicle may overtake
and pass another vehicle on the right
162
00:09:03,834 --> 00:09:08,333
only under conditions
permitting that movement safely.
163
00:09:08,400 --> 00:09:11,500
I'm reading you the police report.
Do you have another police report?
164
00:09:11,567 --> 00:09:12,600
Yes, I do, Your Honor.
165
00:09:12,667 --> 00:09:14,500
Prior to this or after this one?
166
00:09:14,567 --> 00:09:16,834
This is the only police report
that I know of.
167
00:09:16,900 --> 00:09:19,066
- Oh.
- I wasn't aware there was two.
168
00:09:19,133 --> 00:09:22,433
Well. This was
a supplemental police report.
169
00:09:22,500 --> 00:09:24,066
What is the date of yours?
170
00:09:24,133 --> 00:09:26,066
All I have is what my lawyers gave me.
171
00:09:26,133 --> 00:09:28,266
Well, I'm gonna show you this one, sir.
172
00:09:28,333 --> 00:09:29,300
Yes, ma'am.
173
00:09:29,367 --> 00:09:32,567
And this one was after viewing the cam.
174
00:09:34,300 --> 00:09:37,000
Yes, Your Honor, my police report
pre-dates his.
175
00:09:37,066 --> 00:09:40,734
Pre-dates it. Well, that's after
the officers looked at the dash cam,
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00:09:40,800 --> 00:09:43,667
heard the signal, and
saw you coming up from behind.
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00:09:43,734 --> 00:09:46,934
I'll take it back now.
I've seen the damage on your car, sir.
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00:09:47,000 --> 00:09:47,934
Yes.
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00:09:48,000 --> 00:09:52,667
Which, while I wouldn't like to have it
on my car that's 14 years old,
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00:09:52,734 --> 00:09:57,667
it is on your car, it's not worth $10,000.
Your whole car isn't worth $10,000, sir.
181
00:09:57,734 --> 00:10:02,266
So, if you want to show me
a reasonable estimate for fixing that,
182
00:10:02,333 --> 00:10:04,066
I'll be more than happy to look at it.
183
00:10:04,133 --> 00:10:09,033
{\an8}Yes, I do. And this estimate was
given to me by the only body shop
184
00:10:09,100 --> 00:10:11,033
that is authorized by BMW.
185
00:10:11,100 --> 00:10:13,700
Go find another body shop
for a 14-year-old car.
186
00:10:13,767 --> 00:10:17,433
I'm certainly not going to consider
giving you anything near the value
187
00:10:17,500 --> 00:10:21,967
of your total car for something that is
on the door of one side of the car.
188
00:10:23,400 --> 00:10:25,300
Have you had the car fixed, sir?
189
00:10:25,367 --> 00:10:29,633
I had the entire door replaced,
but it still...
190
00:10:29,700 --> 00:10:30,900
Replaced by whom?
191
00:10:30,967 --> 00:10:32,600
Uh, by a body shop.
192
00:10:32,667 --> 00:10:36,333
Good. And if you had the whole door
replaced, you must have a bill.
193
00:10:36,400 --> 00:10:39,200
This, you're not getting. I want you
to get this right out of your mind.
194
00:10:39,266 --> 00:10:42,834
Your whole car isn't worth $10,000.
Let's be serious, I don't have all day.
195
00:10:42,900 --> 00:10:45,767
Do you have a bill for the door
that you replaced from a body shop,
196
00:10:45,834 --> 00:10:47,266
which is what I said a moment ago.
197
00:10:47,333 --> 00:10:53,166
No, I do not have it with me.
The vehicle is still due paint and, uh...
198
00:10:53,233 --> 00:10:57,900
Well, they're gonna fix the car.
And if they can fix the car for $2,000,
199
00:10:57,967 --> 00:11:00,467
have it fixed. That's my judgment.
Judgment for the Plaintiff.
200
00:11:00,533 --> 00:11:03,100
- We're finished.
- This court is adjourned.
201
00:11:04,433 --> 00:11:06,033
{\an8}I'm certainly not happy about it.
202
00:11:06,100 --> 00:11:07,734
{\an8}I'm happy, it is something.
203
00:11:07,800 --> 00:11:10,934
{\an8}The problems that this gentleman's
caused my life.
204
00:11:11,000 --> 00:11:12,867
{\an8}It happened in about two seconds.
205
00:11:12,934 --> 00:11:15,367
{\an8}I was riding right next to the dude
and he just turned into me
206
00:11:15,433 --> 00:11:17,300
{\an8}and I went into the wall and
that was pretty much it.
207
00:11:17,367 --> 00:11:21,133
{\an8}I had to call 911 immediately
because I wasn't sure if he's dead.
208
00:11:21,200 --> 00:11:24,433
{\an8}Because of what he did,
I wasn't able to go to work for two weeks,
209
00:11:24,500 --> 00:11:25,734
{\an8}I lost two of my jobs.
210
00:11:25,800 --> 00:11:29,600
{\an8}First thing to do is you call 911
and then deal with, you know,
211
00:11:29,667 --> 00:11:31,700
{\an8}the rest of the circumstances.
212
00:11:33,567 --> 00:11:37,367
One thing that we see far too often
is Plaintiffs coming here,
213
00:11:37,433 --> 00:11:42,333
or to any court, asking for a
large sum of money, in this case, $10,000,
214
00:11:42,400 --> 00:11:47,367
for a car that wasn't even worth $6,000.
And instead of showing us an estimate
215
00:11:47,433 --> 00:11:50,533
of fairy tale land of
what was gonna fix it,
216
00:11:50,600 --> 00:11:53,400
show me a receipt for what you paid
to fix the damage.
217
00:11:53,467 --> 00:11:54,967
Yeah, 'cause he did fix the damage.
218
00:11:55,033 --> 00:11:57,700
He fixed the damage already,
replaced the whole door.
219
00:11:57,767 --> 00:12:00,233
You don't have a receipt for that?
You don't have a bill?
220
00:12:00,300 --> 00:12:02,867
You don't have a, nothing.
Which leads me to believe
221
00:12:02,934 --> 00:12:05,900
that it was a lot less expensive
than $10,000.
222
00:12:05,967 --> 00:12:09,033
So, I thought your judgment was generous
given that he had no proof.
223
00:12:09,100 --> 00:12:10,233
I would've said, "goodbye."
224
00:12:10,300 --> 00:12:14,367
Well, he did damage the car.
Not that I'm going into history,
225
00:12:14,433 --> 00:12:19,700
but as one who has, on occasion,
hit a stationary object
226
00:12:19,767 --> 00:12:20,734
On occasion.
227
00:12:20,800 --> 00:12:26,266
Even, allegedly, hit a stationary object.
Even get a little nick on a bumper,
228
00:12:26,333 --> 00:12:29,600
on a car, it's expensive to fix a car.
So, he had a car
229
00:12:29,667 --> 00:12:32,934
that looked in perfect condition,
it wasn't after it was hit.
230
00:12:33,000 --> 00:12:36,300
He's entitled to have it look like
what it looked like before...
231
00:12:36,367 --> 00:12:39,734
I just felt there was a sort of
bait-and-switch with a $10,000 estimate,
232
00:12:39,800 --> 00:12:41,567
- but I already got it replaced.
- But, fixed.
233
00:12:41,633 --> 00:12:44,800
I think that he said that...
I think that he said that unintentionally.
234
00:12:44,867 --> 00:12:47,734
- I also think he did.
- It's okay.
235
00:12:47,800 --> 00:12:49,867
- Won't get one over on us.
- No.
236
00:12:49,934 --> 00:12:54,934
Case #2090, Oquendo versus Villarreal.
All parties, please, step forward.
237
00:12:55,000 --> 00:12:58,367
{\an8}Amber Oquendo
is suing her former tenant,
238
00:12:58,433 --> 00:13:01,200
{\an8}Nancy Villarreal, for unpaid rent.
239
00:13:01,266 --> 00:13:03,500
- Miss Oquendo, you own a home.
- Yes.
240
00:13:03,567 --> 00:13:04,767
How large is the home?
241
00:13:04,834 --> 00:13:08,834
{\an8}It's four bedroom, two bath and like,
approximately 1,700 square feet.
242
00:13:08,900 --> 00:13:10,200
When did you purchase the home?
243
00:13:10,266 --> 00:13:11,400
Two thousand eighteen.
244
00:13:11,467 --> 00:13:13,433
Can I ask you what the cost was?
245
00:13:13,500 --> 00:13:15,000
Two hundred and twenty-five thousand.
246
00:13:15,066 --> 00:13:18,333
And you live there in the house,
just you, with whom?
247
00:13:18,400 --> 00:13:20,467
I don't live in that house.
That's my rental.
248
00:13:20,533 --> 00:13:22,867
You bought it as a rental?
249
00:13:24,700 --> 00:13:26,667
Somebody was playing their music loud.
250
00:13:26,734 --> 00:13:28,800
- Mm-hmm.
- It was a problem for you.
251
00:13:28,867 --> 00:13:30,700
- Yes.
- You asked them to be quiet,
252
00:13:30,767 --> 00:13:32,934
- you told her it was a problem.
- Yes.
253
00:13:33,000 --> 00:13:35,266
And then, there was
some sort of a kerfuffle.
254
00:13:35,333 --> 00:13:37,633
I don't know what happened.
You want to tell me?
255
00:13:48,266 --> 00:13:51,367
{\an8}Amber Oquendo
claims her former tenant,
256
00:13:51,433 --> 00:13:54,567
{\an8}Nancy Villarreal, owes for unpaid rent.
257
00:13:54,667 --> 00:13:57,867
Nancy is countersuing
for her security deposit.
258
00:13:57,934 --> 00:14:02,233
Now, you bought it as a rental?
You bought it as a business?
259
00:14:02,300 --> 00:14:06,667
Originally, I purchased it and I lived
in one room, my kids shared a room,
260
00:14:06,734 --> 00:14:09,834
and I rented two rooms,
until I was able to establish, uh,
261
00:14:09,900 --> 00:14:14,333
{\an8}basically, a history of being a landlord.
And I then purchased another home,
262
00:14:14,400 --> 00:14:17,900
{\an8}and I live in my own residence and
that one is fully a rental, as of now.
263
00:14:17,967 --> 00:14:21,767
And also, a resident of that home
are your parents.
264
00:14:21,834 --> 00:14:23,233
Yes, they are in the master.
265
00:14:23,300 --> 00:14:25,333
And you have another tenant there.
266
00:14:25,400 --> 00:14:27,033
Yes, there are a few other tenants.
267
00:14:27,100 --> 00:14:28,033
Tell me who.
268
00:14:28,100 --> 00:14:31,533
So, I have one tenant who has asked
not to be identified by name,
269
00:14:31,600 --> 00:14:34,500
but he is in one room that I have marked
as room number two.
270
00:14:34,567 --> 00:14:37,200
And then I have another tenant
who's in room number three.
271
00:14:37,266 --> 00:14:41,934
And then, Nancy was in room four and
there's now a new tenant in that room.
272
00:14:42,000 --> 00:14:45,166
Okay. This is what it's about.
The Defendant was a tenant of yours
273
00:14:45,233 --> 00:14:47,834
and it didn't work out.
And it was a short tenancy,
274
00:14:47,900 --> 00:14:49,734
I think it lasted no more than a month.
275
00:14:49,800 --> 00:14:51,700
- Yeah, right...
- June of this year?
276
00:14:51,767 --> 00:14:52,700
Yes, Your Honor.
277
00:14:52,767 --> 00:14:56,967
It didn't work out, she left. It is your
claim she left owing you a month's rent.
278
00:14:57,033 --> 00:15:02,567
And I assume from your paperwork
that the month's rent was $774.
279
00:15:02,633 --> 00:15:07,700
So, it was $650 and then the $774,
or the remaining difference
280
00:15:07,767 --> 00:15:10,033
was just for being served,
and then court costs.
281
00:15:10,100 --> 00:15:11,800
But a month rent was $650.
282
00:15:11,867 --> 00:15:14,934
Six fifty.
And when the Defendant moved in,
283
00:15:15,000 --> 00:15:17,567
in the beginning of June,
did she sign a lease?
284
00:15:17,633 --> 00:15:21,200
Yes. And I was gonna correct you, sorry,
she moved in on May 7th.
285
00:15:21,266 --> 00:15:23,734
Just wanted to correct that,
but yes, she did sign a lease.
286
00:15:23,800 --> 00:15:25,967
- May I see it, please?
- Yes, ma'am.
287
00:15:28,834 --> 00:15:30,767
- Thank you.
- Yeah.
288
00:15:30,834 --> 00:15:33,133
You have a copy of your lease,
Miss Villarreal?
289
00:15:33,200 --> 00:15:34,800
- Yes, I do.
- Okay, good.
290
00:15:36,467 --> 00:15:38,233
So, it's a month-to-month tenancy.
291
00:15:38,300 --> 00:15:40,934
It's an at-will
with 30 days written notice.
292
00:15:41,000 --> 00:15:45,300
Okay. According to the lease,
there was a security deposit of $650.
293
00:15:45,367 --> 00:15:47,533
- Yes, ma'am.
- Did the Defendant pay that
294
00:15:47,600 --> 00:15:49,266
- when she moved in?
- Yes, she did.
295
00:15:49,333 --> 00:15:50,900
Okay, because that's your counterclaim.
296
00:15:50,967 --> 00:15:52,533
You say you want
your security deposit back.
297
00:15:52,600 --> 00:15:54,100
{\an8}- Yes, ma'am.
- I assume,
298
00:15:54,166 --> 00:15:56,367
{\an8}from reading both of your
complaint and answer,
299
00:15:56,433 --> 00:15:59,066
{\an8}that this turned out to be
not a happy tenancy.
300
00:15:59,133 --> 00:16:02,900
You don't live there on a full time basis,
the Defendant did live there.
301
00:16:02,967 --> 00:16:05,834
for a short period of time.
You moved in, rented a room
302
00:16:05,900 --> 00:16:09,100
and you gave her $650 and
you moved in on May 7th.
303
00:16:09,166 --> 00:16:10,266
Yes, Your Honor.
304
00:16:10,333 --> 00:16:11,900
And you moved out on what date?
305
00:16:11,967 --> 00:16:15,600
I moved out on July the 7th...
July the 10th.
306
00:16:15,667 --> 00:16:17,400
So you were there for two months.
307
00:16:17,467 --> 00:16:18,934
No, I was there for one month.
308
00:16:19,000 --> 00:16:20,567
May to June, June July.
309
00:16:20,633 --> 00:16:24,800
I moved in, I believe it was June,
because I moved out July the 7th.
310
00:16:24,867 --> 00:16:27,700
Our lease was signed on May 7th,
so I know that.
311
00:16:27,767 --> 00:16:30,233
Yes, the term of the lease
is beginning May 7th.
312
00:16:30,300 --> 00:16:32,700
That's the term of the lease,
according to this.
313
00:16:32,767 --> 00:16:34,367
- I don't care when you moved in.
- Okay.
314
00:16:34,433 --> 00:16:37,467
The term of the lease was May 7th
on a month-to-month basis.
315
00:16:37,533 --> 00:16:40,033
So you were there from May 7th
to July 10th.
316
00:16:40,100 --> 00:16:41,734
So, you were there for two months.
317
00:16:41,800 --> 00:16:42,734
Okay.
318
00:16:42,800 --> 00:16:45,567
We're gonna get into the whys,
wherefores in a moment,
319
00:16:45,633 --> 00:16:47,934
but did you pay the month of May?
320
00:16:48,000 --> 00:16:48,867
Yes, Your Honor.
321
00:16:48,934 --> 00:16:50,934
- Did she pay the month of May?
- Yes, ma'am.
322
00:16:51,000 --> 00:16:52,667
Did you pay the month of June?
323
00:16:52,734 --> 00:16:53,900
No, Your Honor.
324
00:16:53,967 --> 00:16:55,934
And you lived there until July 7th.
325
00:16:56,000 --> 00:16:57,867
No, I actually lived there until...
326
00:16:57,934 --> 00:17:00,567
You just told me July 10th,
as a matter of fact.
327
00:17:00,633 --> 00:17:03,767
Whitney's gonna tell me what date you gave
as your move out date.
328
00:17:03,834 --> 00:17:05,433
You said it was July 10th.
329
00:17:05,500 --> 00:17:08,033
She said, "I moved out on July the 10th."
330
00:17:08,100 --> 00:17:10,100
Okay, July 10th it was, yes.
July 10th.
331
00:17:10,166 --> 00:17:12,166
- You were there for two months.
- Yes, Your Honor.
332
00:17:12,233 --> 00:17:15,333
If you're there for two months and
you only paid one month's rent.
333
00:17:15,400 --> 00:17:16,900
- Yes.
- So, so far,
334
00:17:16,967 --> 00:17:21,433
you owe her one month's rent.
Did you return her security deposit?
335
00:17:21,500 --> 00:17:22,367
Yes.
336
00:17:22,433 --> 00:17:23,900
Did you receive your security deposit?
337
00:17:23,967 --> 00:17:25,367
- Yes, Your Honor.
- How much?
338
00:17:25,433 --> 00:17:26,834
Uh, $650.
339
00:17:26,900 --> 00:17:28,500
Okay, so you have no counterclaim.
340
00:17:28,567 --> 00:17:30,500
The counterclaim
is for your security deposit.
341
00:17:30,567 --> 00:17:33,700
The rest of it is nonsense. You moved out,
you want her to pay your moving costs,
342
00:17:33,767 --> 00:17:36,467
your hotel fees and everything.
That's ridiculous. Okay.
343
00:17:36,533 --> 00:17:39,033
So, if you've received
your security deposit, now,
344
00:17:39,100 --> 00:17:42,367
what you owe her is
a month's rent, which is $650.
345
00:17:42,433 --> 00:17:45,133
And I know you're dying to tell me
that there was noise there,
346
00:17:45,200 --> 00:17:47,433
that you couldn't live there,
that it was terrible...
347
00:17:47,500 --> 00:17:49,400
Well, that's what happens
when you live in a place
348
00:17:49,467 --> 00:17:50,834
with a whole bunch of other people.
349
00:17:50,900 --> 00:17:52,734
{\an8}Did you look at this room
before you moved in?
350
00:17:52,800 --> 00:17:53,834
Yes, I did, Your Honor.
351
00:17:53,900 --> 00:17:55,467
- So, you went to the house.
- Mm-hmm.
352
00:17:55,533 --> 00:17:57,700
When you went to see the house,
Amber was there.
353
00:17:57,767 --> 00:18:00,734
She introduced herself as the landlord.
That's what it says here.
354
00:18:00,800 --> 00:18:03,200
- Yes.
- And she let you know
355
00:18:03,266 --> 00:18:04,967
that she wasn't in the house.
356
00:18:05,033 --> 00:18:08,667
That her parents were in the house
as tenants, but she wasn't in the house.
357
00:18:08,734 --> 00:18:10,133
- Yes.
- And you moved in
358
00:18:10,200 --> 00:18:13,767
and somebody was making noise.
Somebody was playing their music loud.
359
00:18:13,834 --> 00:18:15,800
- Mm-hmm. Yes.
- It was a problem for you.
360
00:18:15,867 --> 00:18:17,867
- You asked them to be quiet.
- Yes, Your Honor.
361
00:18:17,934 --> 00:18:19,800
- You told her it was a problem.
- Yes.
362
00:18:19,867 --> 00:18:21,934
And then there was
some sort of a kerfuffle.
363
00:18:22,000 --> 00:18:23,967
I don't know what happened,
you want to tell me?
364
00:18:24,033 --> 00:18:26,800
Yes, Your Honor. I am a Federal employee,
Your Honor.
365
00:18:26,867 --> 00:18:30,700
And when I signed this lease
back in, uh, May,
366
00:18:30,767 --> 00:18:33,600
it states there... And I'm also, uh,
in recovery, Your Honor.
367
00:18:33,667 --> 00:18:37,133
And it states, very clearly, in the lease
that there's absolutely no smoking
368
00:18:37,200 --> 00:18:40,633
on the premises or no drugs
on the premises, Your Honor.
369
00:18:40,700 --> 00:18:43,233
There was absolutely marijuana
being smoked in the house.
370
00:18:43,300 --> 00:18:46,100
And right after
I brought that to her attention,
371
00:18:46,166 --> 00:18:48,867
I then, received
a 30-day termination notice.
372
00:18:48,934 --> 00:18:52,667
Because I could absolutely not
live in that house anymore.
373
00:18:52,734 --> 00:18:55,667
With my job, I felt
it was not a safe place for me.
374
00:18:55,734 --> 00:18:58,400
- Where did you go?
- Where did I go?
375
00:18:58,467 --> 00:19:00,333
Just a second. Is that your son?
376
00:19:00,400 --> 00:19:01,834
- This is my son.
- Okay.
377
00:19:01,900 --> 00:19:03,667
{\an8}Does he live in the area?
I know you called him
378
00:19:03,734 --> 00:19:06,700
{\an8}and he came and helped you move.
Correct? Who does he live with?
379
00:19:06,767 --> 00:19:09,433
My son? He rents a room
with roommates.
380
00:19:09,500 --> 00:19:10,934
- So he has roommates.
- Yes.
381
00:19:11,000 --> 00:19:14,500
Tell me where you went when you left.
You didn't get a three day notice to quit,
382
00:19:14,567 --> 00:19:16,100
you got a 30-day notice from her
383
00:19:16,166 --> 00:19:19,233
that she was not renewing the lease
pursuant to this.
384
00:19:19,300 --> 00:19:21,934
- Right. Absolutely.
- You chose to leave in three days.
385
00:19:22,000 --> 00:19:23,467
That was your choice.
386
00:19:23,533 --> 00:19:25,767
- Because...
- You had 30 days to stay,
387
00:19:25,834 --> 00:19:29,266
and you had a month-to-month tenancy.
Okay, you chose to leave.
388
00:19:29,333 --> 00:19:30,467
So, where did you go?
389
00:19:30,533 --> 00:19:34,700
I, uh, got a U-Haul. I didn't really have
a place at the time to go,
390
00:19:34,767 --> 00:19:37,467
but my boy's grandmother
offered her place to me.
391
00:19:37,533 --> 00:19:40,667
I stayed there for a couple weeks.
She said, you pay $180,
392
00:19:40,734 --> 00:19:42,300
I'll let you stay here for a couple weeks,
393
00:19:42,367 --> 00:19:44,200
until I was able to find another place,
Your Honor.
394
00:19:44,266 --> 00:19:46,166
- And then you did.
- Yes, ma'am, I did.
395
00:19:46,233 --> 00:19:49,266
Great. Okay, so,
the security deposit you have.
396
00:19:49,333 --> 00:19:50,200
Mm-hmm.
397
00:19:50,266 --> 00:19:53,467
And she doesn't have her month's rent
which is $650.
398
00:19:53,533 --> 00:19:55,033
Are we done here?
399
00:19:55,100 --> 00:19:58,734
Judgment for the Plaintiff for the amount
of $650. We're finished, thank you.
400
00:19:58,800 --> 00:20:01,200
This court is adjourned.
401
00:20:01,266 --> 00:20:04,567
{\an8}I am not aware of anyone
using marijuana in my house.
402
00:20:04,633 --> 00:20:06,300
{\an8}There was marijuana being smoked
in the house.
403
00:20:06,367 --> 00:20:08,400
{\an8}My dad says that he's not smelling it,
404
00:20:08,467 --> 00:20:11,633
{\an8}so I guess I can't really attest
to the legitimacy of that.
405
00:20:11,700 --> 00:20:13,233
{\an8}It was not a safe place for me to be.
406
00:20:14,500 --> 00:20:16,967
You know, some people don't realize, Sarah,
407
00:20:17,033 --> 00:20:20,967
that if you leave a premises
that you have lived in...
408
00:20:21,033 --> 00:20:23,500
It's like going to a restaurant and
ordering a steak,
409
00:20:23,567 --> 00:20:26,033
and them delivering the steak,
you taking a bite,
410
00:20:26,100 --> 00:20:28,800
and say, you know, I really
don't like that steak, and finishing it.
411
00:20:28,867 --> 00:20:31,400
Then, telling the waiter you're not
gonna pay for the steak.
412
00:20:31,467 --> 00:20:34,000
I always say, you ate the steak.
If you're a tenant,
413
00:20:34,066 --> 00:20:38,100
and you find the living conditions
such that, you know,
414
00:20:38,166 --> 00:20:41,767
you find it untenable to live there,
you have a prerogative
415
00:20:41,834 --> 00:20:46,100
of changing your residence.
But you don't live there for two months
416
00:20:46,166 --> 00:20:48,700
and only pay for one,
and then make excuses
417
00:20:48,767 --> 00:20:50,900
because you ate...
418
00:20:50,967 --> 00:20:52,066
- the steak.
- The steak.
419
00:20:53,600 --> 00:20:55,166
Have you been cheated?
420
00:20:55,233 --> 00:20:57,433
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