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Would you show me where
she called you a drug addict?
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What she said was a lie.
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You can laugh all you want.
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You're gonna answer my question.
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I was framed.
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May I talk to her for a minute?
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You're blowing it.
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Was that helpful?
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Yes, ma'am.
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This is Judy Justice.
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00:00:34,300 --> 00:00:37,734
{\an8}Sharna Horn
is suing her former employer,
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00:00:37,800 --> 00:00:42,900
{\an8}Kimberly Stewart for unpaid wages and
defamation of character.
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Court, come to order. All rise.
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Have a seat, please.
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00:00:47,600 --> 00:00:51,000
Hello, Judge. Case #2103,
Horn versus Stewart.
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00:00:51,066 --> 00:00:52,734
- Thank you.
- You're welcome.
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00:00:52,800 --> 00:00:56,166
Miss Horn, it is your allegation
that the Defendant,
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00:00:56,233 --> 00:00:59,667
for whom you worked for
a relatively short period of time,
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00:00:59,734 --> 00:01:01,433
- owes you some wages.
- Yes, ma'am.
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00:01:01,500 --> 00:01:04,166
And in addition to owing you wages,
you are suing her
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00:01:04,233 --> 00:01:07,800
because you claim she defamed you
by calling you a drug addict.
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00:01:07,867 --> 00:01:11,000
{\an8}And she wants my board telling them
that I did other acts.
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00:01:11,066 --> 00:01:14,500
{\an8}Well, you can't tell me what she told
anybody else because that's hearsay.
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Could I give you the evidence?
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No,
you have to wait until I'm finished.
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That's your claim, that she owes you money
for wages that you weren't compensated for
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and that she defamed you. The Defendant
says that you were an hourly employee.
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{\an8}You were, in fact, paid for the hours
that you worked.
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00:01:31,033 --> 00:01:34,533
{\an8}I assume that you are claiming that
she paid for the hours that she worked.
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She has a counterclaim, and her
counterclaim is that after you separated,
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parted company, you posted some very
damaging and defamatory comments
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on the Internet about her organization.
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So, why don't we start with you,
Miss Stewart, and tell me,
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what kind of an organization you have.
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Your Honor, what we do is that
we provide opportunities for people
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who have substance abuse behavior health
who may need education services,
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such as getting their GED.
We do skills training.
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00:02:04,400 --> 00:02:07,033
We have employers
that will staff them as well.
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00:02:07,100 --> 00:02:11,433
And we also provide substance abuse
and behavior health services.
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00:02:11,500 --> 00:02:13,867
Is it a 501C3 organization?
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00:02:13,934 --> 00:02:16,967
No, we are a for-profit company
as a corporation.
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00:02:17,033 --> 00:02:18,867
And how many employees do you have?
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00:02:18,934 --> 00:02:22,200
We currently have seven employees.
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00:02:22,266 --> 00:02:26,467
And when did Miss Horn come to work
for you and what was she hired to do?
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00:02:26,533 --> 00:02:32,233
She was hired as the Clinical Director and
she started on July 21, 2022.
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00:02:32,300 --> 00:02:34,767
Okay. Before I go to Miss Horn,
I want you to tell me,
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00:02:34,834 --> 00:02:38,834
what special training did you have
or is it required to have?
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00:02:38,900 --> 00:02:40,300
You're the director of this?
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00:02:40,367 --> 00:02:41,867
I'm the VP of Operations.
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00:02:41,934 --> 00:02:44,767
Okay. Is there any special training
that you had?
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00:02:44,834 --> 00:02:50,433
Besides having a Masters in Accounting,
I have my own accounting firm.
52
00:02:50,500 --> 00:02:53,467
Okay. So, you have a Masters in Accounting
and you have your own firm.
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00:02:53,533 --> 00:02:54,533
Yes.
54
00:02:54,600 --> 00:02:56,500
Okay, and you do Operations for this?
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00:02:56,567 --> 00:02:57,567
Yes.
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00:02:57,633 --> 00:03:01,533
And Miss Horn, I'd like you to tell me
what your educational background...
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00:03:01,600 --> 00:03:03,633
You were hired as the Clinical Director.
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00:03:03,700 --> 00:03:04,700
Yes, ma'am.
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00:03:04,767 --> 00:03:07,467
So, tell me about
your educational background.
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00:03:07,533 --> 00:03:11,433
I've been in the field for 15 years.
I have a Masters in Counseling Psychology.
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00:03:11,500 --> 00:03:14,300
I have my LPC, which is
an independent licensure
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00:03:14,367 --> 00:03:17,533
{\an8}And so, when she wanted to
do illegal practices...
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{\an8}No-no-no, you're
getting ahead of yourself, Miss Horn.
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Yes, ma'am.
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00:03:21,500 --> 00:03:22,700
Did you answer an ad?
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00:03:22,767 --> 00:03:26,066
Yes, ma'am. I went for the interview,
and when I showed up for the interview,
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00:03:26,133 --> 00:03:30,333
she told me that I could not
oversee the clinicians
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00:03:30,400 --> 00:03:33,533
because she has case managers and
that I could not sign off on notes
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00:03:33,600 --> 00:03:38,066
because I had an LPC. I got the board
on the phone that day and she was...
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00:03:38,133 --> 00:03:41,467
You're getting far ahead of yourself,
Miss Horn, and I'm just telling you...
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00:03:41,533 --> 00:03:43,667
- Who is this person?
- My dad, Your Honor.
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00:03:43,734 --> 00:03:47,900
Okay. I'm just telling you
that what you're doing is,
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00:03:47,967 --> 00:03:52,767
by not just answering my questions,
you're not serving your cause well.
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00:03:52,834 --> 00:03:55,033
- Yes, ma'am. Yes, ma'am.
- Do you understand?
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00:03:55,100 --> 00:03:58,100
Okay. Don't tell me what she told you
she couldn't do.
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00:03:58,166 --> 00:04:00,900
You started working for her on what date?
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00:04:00,967 --> 00:04:06,834
The date that I actually started working
for her was July 27, 2022.
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00:04:06,900 --> 00:04:08,867
And were you an hourly employee?
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00:04:08,934 --> 00:04:11,367
{\an8}No, I was a salary employee,
could I show you?
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00:04:11,433 --> 00:04:13,233
{\an8}- Yes.
- Thank you, Your Honor.
81
00:04:15,967 --> 00:04:18,567
Sarah, would you bring up a July calendar
for me?
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00:04:18,633 --> 00:04:21,200
- I want to see the days in July.
- I have it.
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00:04:21,266 --> 00:04:25,033
Okay. So, this is an offer
and it was a pretty nice job.
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00:04:25,100 --> 00:04:29,433
Paid on a bi-weekly basis,
$115,000 a year
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00:04:29,500 --> 00:04:32,867
with an increase the following year.
The work offer
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00:04:32,934 --> 00:04:36,000
was contingent upon a background check.
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00:04:36,066 --> 00:04:37,066
Yes, ma'am.
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00:04:37,133 --> 00:04:38,467
- A drug test.
- Yes, ma'am.
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00:04:38,533 --> 00:04:42,767
Participation in training and any other
safety measurements for staffing.
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00:04:42,834 --> 00:04:47,433
So, between July 21st and July 27th
when you started,
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00:04:47,500 --> 00:04:49,333
was a background check completed?
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00:04:49,400 --> 00:04:50,967
It was completed.
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00:04:51,033 --> 00:04:55,166
That's all I want to know, it was
completed. Was a drug test completed?
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00:04:55,233 --> 00:04:56,834
- Yes, ma'am.
- Not before she started.
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00:04:56,900 --> 00:05:01,867
Just a second.
Between July 21st and July 27th,
96
00:05:01,934 --> 00:05:04,033
was a drug test conducted?
97
00:05:04,100 --> 00:05:05,100
Yes, ma'am.
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00:05:05,166 --> 00:05:09,033
It was conducted, but on the 28th.
Her drug test was done
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00:05:09,100 --> 00:05:13,233
{\an8}on the 28th of July,
after she had started.
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00:05:13,300 --> 00:05:15,066
Okay. So, you took it on the 28th.
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00:05:15,133 --> 00:05:16,133
Yes, ma'am.
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00:05:16,200 --> 00:05:17,967
I need from the 27th to August 3rd.
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00:05:18,033 --> 00:05:22,066
Yeah, the 27th was a Wednesday,
August third was the following Wednesday.
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00:05:22,133 --> 00:05:25,734
Okay. So, she worked Wednesday, Thursday
and Friday...
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00:05:25,800 --> 00:05:29,834
And then, the following Monday, Tuesday.
The third would be that Wednesday.
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00:05:29,900 --> 00:05:31,433
- Five days.
- No, ma'am.
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00:05:31,500 --> 00:05:34,000
Monday, Tuesday, Wednesday and Thursday
of the last week.
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00:05:34,066 --> 00:05:38,400
Her grand opening was
the Thursday of that week that I quit.
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00:05:38,467 --> 00:05:41,967
And what she is talking about,
I talked about at the beginning,
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00:05:42,033 --> 00:05:44,967
before I took the drug test
and they said that it was no problem.
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00:05:45,033 --> 00:05:47,633
I take medication
that's prescribed by doctors.
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00:05:47,700 --> 00:05:52,900
{\an8}And I have proof that I take medication
by doctors, and I'm not a drug addict...
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00:05:52,967 --> 00:05:57,166
I don't want to get into what medication
you take that's prescribed by doctors.
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00:05:57,233 --> 00:06:00,633
I would assume that we're not talking
about blood pressure medication,
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00:06:00,700 --> 00:06:03,767
and we're not talking about
medication for migraines
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00:06:03,834 --> 00:06:07,867
and we're not talking about
stuff to take care of rashes on your arm.
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00:06:07,934 --> 00:06:08,934
No, ma'am.
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00:06:09,000 --> 00:06:12,433
Okay. So, let's say you worked there
for six days.
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00:06:12,500 --> 00:06:14,000
How much were you paid?
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00:06:14,066 --> 00:06:20,033
I was paid $55.29 an hour,
but I worked those seven days.
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00:06:20,100 --> 00:06:21,800
How much were you paid in total?
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00:06:21,867 --> 00:06:27,000
So, the last paycheck that they gave me,
$909.58.
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00:06:27,066 --> 00:06:28,066
May I see it?
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00:06:28,133 --> 00:06:32,533
Yes, ma'am. And I wanna send up,
I think I have the credit card
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00:06:32,600 --> 00:06:36,633
because she had owed me money,
and here are the days that I worked...
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00:06:36,700 --> 00:06:38,300
Circled.
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00:06:38,367 --> 00:06:40,200
Do you have a paycheck?
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00:06:40,266 --> 00:06:43,467
She did not give me a paycheck.
The first one was a paycheck,
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00:06:43,533 --> 00:06:45,133
the others were direct deposit.
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00:06:45,200 --> 00:06:48,133
I want to know how much she paid you
in total. Let's have it.
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00:06:48,200 --> 00:06:51,200
So, for just wages itself...
- That's all I want to know.
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00:06:51,266 --> 00:06:53,166
I was paid...
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00:06:53,233 --> 00:06:56,200
You want to tell me,
do you have records, Miss Steward,
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00:06:56,266 --> 00:07:00,567
about how much the Plaintiff was paid
by your organization?
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00:07:00,633 --> 00:07:05,400
{\an8}She received two checks.
She was paid $1,903.38.
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00:07:05,467 --> 00:07:08,800
{\an8}- One thousand...
- Nine hundred three dollars...
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00:07:08,867 --> 00:07:09,967
And that was for?
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00:07:10,033 --> 00:07:13,600
When we did the drug test,
she was gone for over five hours.
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00:07:13,667 --> 00:07:17,467
Drug testing are supposed to be done
before or after work hours.
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00:07:17,533 --> 00:07:22,166
Then she returned back to the facility
between 4:30 and 5:00 PM that day,
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00:07:22,233 --> 00:07:26,200
and said that she had an emergency,
that her friend was in the hospital.
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And so, she could not work any time.
Then after that, on the next pay period,
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00:07:32,100 --> 00:07:33,600
Sharna wasn't...
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00:07:33,667 --> 00:07:35,567
She really only was with you for one week.
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00:07:35,633 --> 00:07:36,900
Yes.
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00:07:38,500 --> 00:07:40,033
On what date did you tell her that?
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00:07:40,100 --> 00:07:41,200
About the 28th, yeah.
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00:07:41,266 --> 00:07:43,734
On the 28th.
Did you tell her that on the 21st?
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00:07:43,800 --> 00:07:47,233
- I'm just asking you.
- No, because what happened that day
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00:07:47,300 --> 00:07:50,266
was it was a confused interview
where I was about to walk out.
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00:07:50,333 --> 00:07:52,800
Okay, well, I'm getting unconfused.
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00:08:05,133 --> 00:08:08,233
{\an8}Sharna Horn
is suing her former employer,
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00:08:08,300 --> 00:08:12,900
Kimberly Stewart for unpaid wages
and defamation of character.
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00:08:12,967 --> 00:08:16,467
Kimberly is countersuing
for property damage and slander.
155
00:08:16,533 --> 00:08:19,000
So, she really only was with you
for one week.
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00:08:19,066 --> 00:08:23,934
Correct. And then, on the next pay period,
because she was paid for those three days
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00:08:24,000 --> 00:08:26,667
and the time that she took off,
we put her on the hourly rate
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00:08:26,734 --> 00:08:28,734
because she didn't work
a solid two weeks.
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00:08:28,800 --> 00:08:33,567
{\an8}At any rate, we paid her for
the time and days she was there.
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00:08:33,633 --> 00:08:37,367
{\an8}And so, we don't owe her any money.
She was paid in full.
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00:08:37,433 --> 00:08:41,467
Well, you were actually paid almost $2,000
and you were there for five days.
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00:08:41,533 --> 00:08:44,133
What she said was a lie.
I never took off time...
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00:08:44,200 --> 00:08:45,934
Just a second.
I said something.
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00:08:46,000 --> 00:08:49,633
Don't say what she said was a lie.
You were paid almost $2,000,
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00:08:49,700 --> 00:08:51,500
and you worked for five days.
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00:08:51,567 --> 00:08:52,567
Seven days.
167
00:08:52,633 --> 00:08:55,734
Well, when you went to take
your drug test, what time did you leave?
168
00:08:55,800 --> 00:08:57,033
Well, the other person...
169
00:08:57,100 --> 00:08:59,033
Just a second. What time did you leave?
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00:08:59,100 --> 00:09:02,500
I did not leave from anything,
I did it on my own, before I started.
171
00:09:02,567 --> 00:09:05,800
So, is what you're telling me
that the Defendant was incorrect
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00:09:05,867 --> 00:09:08,567
when she said you were
gone from the facility...
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00:09:08,633 --> 00:09:09,633
Yes, ma'am.
174
00:09:09,700 --> 00:09:14,333
Do you have anything to support that,
that she was gone for four hours?
175
00:09:14,400 --> 00:09:19,667
Ma'am, she was gone for half the day,
because that's when she ran into my office
176
00:09:19,734 --> 00:09:23,166
and said, hey, there's some stuff
that's gonna show up,
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00:09:23,233 --> 00:09:27,567
will I be fired? Or am I
going to have a job?
178
00:09:27,633 --> 00:09:29,967
When did you
have that discussion with her?
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00:09:30,033 --> 00:09:32,900
That was on the 28th of July.
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00:09:32,967 --> 00:09:35,300
Did you ask her what substances?
181
00:09:35,367 --> 00:09:36,367
Yes.
182
00:09:36,433 --> 00:09:37,633
Did she tell you?
183
00:09:37,700 --> 00:09:38,700
Yes.
184
00:09:38,767 --> 00:09:41,934
- For my information, Miss Horn,
- Yes, ma'am.
185
00:09:42,000 --> 00:09:45,834
how much do you think, in addition to
the $1,903 that you were paid,
186
00:09:45,900 --> 00:09:47,066
do you think you're owed?
187
00:09:47,133 --> 00:09:48,266
Ten hours, ma'am.
188
00:09:48,333 --> 00:09:49,834
Ten hours. Which ten hours?
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00:09:49,900 --> 00:09:53,600
That's from the week of the...
The second week, not the first week,
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00:09:53,667 --> 00:09:57,467
{\an8}because I never left. I actually stayed
late the day before their grand opening,
191
00:09:57,533 --> 00:09:58,767
{\an8}because she ordered a sofa...
192
00:09:58,834 --> 00:10:01,533
Are you charging her for those hours
that you stayed late?
193
00:10:01,600 --> 00:10:03,133
Yes, because that's work.
194
00:10:03,200 --> 00:10:05,767
Now, okay, what else? Right now,
we're just playing with time.
195
00:10:05,834 --> 00:10:08,200
I passed everything and
I was told I would be fine.
196
00:10:08,266 --> 00:10:10,767
- Just a second. Who told you that, she?
- Yes, ma'am.
197
00:10:10,834 --> 00:10:12,767
When did she tell you you would be fine?
198
00:10:12,834 --> 00:10:15,200
I went to her, I said,
there's gonna be a drug test,
199
00:10:15,266 --> 00:10:17,000
here's the medications that I take.
200
00:10:17,066 --> 00:10:18,734
On what date did you tell her that?
201
00:10:18,800 --> 00:10:19,800
About the 28th, yeah.
202
00:10:19,867 --> 00:10:22,367
On the 28th. Did you
tell her that on the 21st?
203
00:10:22,433 --> 00:10:26,100
- I'm just asking you.
- No, because what happened that day
204
00:10:26,166 --> 00:10:28,900
was it was a confused interview
where I was about to walk out.
205
00:10:28,967 --> 00:10:32,266
Okay. Well, I'm getting unconfused.
So, you went in to her,
206
00:10:32,333 --> 00:10:35,767
before she got the results of the test
and asked her, specifically,
207
00:10:35,834 --> 00:10:38,834
these are the medications that I take,
this is what's going to show up,
208
00:10:38,900 --> 00:10:40,133
is it going to be a problem?
209
00:10:40,200 --> 00:10:42,400
{\an8}- This is common, Your Honor.
- Is who?
210
00:10:42,467 --> 00:10:45,934
{\an8}This is common in my field,
to take drug tests for all the field.
211
00:10:46,000 --> 00:10:48,333
- You're gonna answer my question.
- Yes, ma'am.
212
00:10:48,400 --> 00:10:52,533
My question is, if you knew
that it might have been a problem,
213
00:10:52,600 --> 00:10:57,367
you did not tell that to her
on the 21st of July,
214
00:10:57,433 --> 00:11:01,300
or the 22nd, or the 23rd,
or when you started.
215
00:11:01,367 --> 00:11:05,433
But not until, either right before or
right after you took the drug test.
216
00:11:05,500 --> 00:11:08,233
That's when you said
you went into her office and said
217
00:11:08,300 --> 00:11:11,367
these are the medications that I take,
is it gonna be a problem?
218
00:11:11,433 --> 00:11:12,433
Yes, ma'am.
219
00:11:12,500 --> 00:11:14,900
Mr. Horn, actually,
I'm glad you're here with your daughter.
220
00:11:14,967 --> 00:11:16,600
- May I talk to her for a minute?
- No.
221
00:11:16,667 --> 00:11:18,500
- Okay.
- You may not talk to her.
222
00:11:18,567 --> 00:11:20,800
Could I show you a picture of
the inside of the facility
223
00:11:20,867 --> 00:11:22,700
of what happened in that facility, please?
224
00:11:22,767 --> 00:11:24,166
- No. You left.
- Yes, ma'am.
225
00:11:24,233 --> 00:11:27,734
And I find that the records are so,
actually... You don't have records.
226
00:11:27,800 --> 00:11:29,800
Unless that's something that
you want to show me.
227
00:11:29,867 --> 00:11:32,734
You want to show me something
about your employment hours?
228
00:11:32,800 --> 00:11:35,567
You were paid almost $2,000
for the few days you worked there.
229
00:11:35,633 --> 00:11:37,467
As far as I'm concerned,
it didn't work out.
230
00:11:37,533 --> 00:11:39,934
You hated it there and
she wasn't crazy about you.
231
00:11:40,000 --> 00:11:43,834
Because I had to leave because
I was gonna be violating state law
232
00:11:43,900 --> 00:11:46,834
and federal law, which
she's already done, Your Honor.
233
00:11:46,900 --> 00:11:50,467
I'm gonna ask you... You've been
doing what you're doing for 15 years.
234
00:11:50,533 --> 00:11:51,533
Yes, ma'am.
235
00:11:51,600 --> 00:11:55,500
Tell me what job you had
that lasted more than three years.
236
00:11:55,567 --> 00:11:56,867
I've moved, Your Honor.
237
00:11:56,934 --> 00:12:01,000
Tell me who you worked for in
the last 15 years, more than three years.
238
00:12:01,066 --> 00:12:04,667
I can't, because I was in graduate school
and then I went to do my PhD.
239
00:12:04,734 --> 00:12:08,900
So, you weren't in this field
for 15 years, you were in school.
240
00:12:08,967 --> 00:12:11,834
I've been seeing clients since 2007.
241
00:12:11,900 --> 00:12:12,967
Privately.
242
00:12:13,033 --> 00:12:14,033
No.
243
00:12:14,100 --> 00:12:18,233
Well, what I asked you is,
who did you work for in the last 15 years
244
00:12:18,300 --> 00:12:19,467
more than three years?
245
00:12:19,533 --> 00:12:20,533
University.
246
00:12:20,600 --> 00:12:22,200
Is that where you went to school?
247
00:12:22,266 --> 00:12:23,266
Yes, ma'am.
248
00:12:23,333 --> 00:12:25,600
Is that where you went to school,
for how many years?
249
00:12:25,667 --> 00:12:26,667
Five years.
250
00:12:26,734 --> 00:12:30,033
Your father wants to have a word with you
before I'm finishing up with this case.
251
00:12:30,100 --> 00:12:32,000
You want to have a conversation with her?
252
00:12:33,033 --> 00:12:34,033
You're blowing it.
253
00:12:34,100 --> 00:12:36,934
You answer her questions directly and
don't go anywhere else.
254
00:12:37,000 --> 00:12:38,000
Okay.
255
00:12:40,233 --> 00:12:42,066
- Was that helpful?
- Yes, ma'am.
256
00:12:42,133 --> 00:12:45,233
Okay. We're leaving the salary
that you think you're owed.
257
00:12:45,300 --> 00:12:49,433
You say that the Defendant
called you a drug addict
258
00:12:49,500 --> 00:12:53,800
and thereby, limited your ability
in your chosen field.
259
00:12:53,867 --> 00:12:56,900
So, show me, tell me. May I see?
260
00:12:56,967 --> 00:13:00,767
I would like to submit the board
allegations, because everything...
261
00:13:00,834 --> 00:13:02,800
Just a second. Just...
262
00:13:04,533 --> 00:13:06,734
And may I provide the timeline
for what happened?
263
00:13:06,800 --> 00:13:09,500
What I want to know is,
what is this?
264
00:13:09,567 --> 00:13:12,400
That is a falsified document...
265
00:13:12,467 --> 00:13:14,300
Just a second. It is a document.
266
00:13:14,367 --> 00:13:17,800
{\an8}It's my board stating
that I did things I did not do.
267
00:13:17,867 --> 00:13:19,300
{\an8}I highlighted the bottom...
268
00:13:19,367 --> 00:13:21,633
{\an8}To your board or to The Board?
269
00:13:21,700 --> 00:13:26,767
Ssh! Okay. So, this says
a complaint was filed against you
270
00:13:26,834 --> 00:13:29,600
with the Arizona Board
of Behavioral Health.
271
00:13:29,667 --> 00:13:32,433
The complaint alleges that
you may have committed an act
272
00:13:32,500 --> 00:13:35,667
of unprofessional practice...
Somebody filed a complaint against you.
273
00:13:35,734 --> 00:13:37,967
- She lodged a false complaint.
- Ssh! No.
274
00:13:38,033 --> 00:13:40,867
- Somebody lodged a complaint against you.
- Yes, ma'am.
275
00:13:40,934 --> 00:13:43,333
It doesn't say who lodged a complaint
against you,
276
00:13:43,400 --> 00:13:47,233
It says a complaint has been filed.
You didn't file this document.
277
00:13:47,300 --> 00:13:48,333
Yes, she did.
278
00:13:48,400 --> 00:13:49,867
Excuse me?
279
00:13:49,934 --> 00:13:51,600
It's her signature at the bottom.
280
00:13:51,667 --> 00:13:57,300
The types of documentation that were filed
was List of Medications,
281
00:13:57,367 --> 00:14:00,800
Harassing and threatening emails
and text messages,
282
00:14:00,867 --> 00:14:04,000
and Budget left in desk.
I don't know what that means.
283
00:14:04,066 --> 00:14:08,867
She said I had all of my possessions,
but how did she only have my budget?
284
00:14:08,934 --> 00:14:11,900
Just a... I'm telling you
that this is what it says.
285
00:14:11,967 --> 00:14:12,967
Yes, ma'am.
286
00:14:13,033 --> 00:14:16,266
Okay? The CEO filed this document,
287
00:14:16,333 --> 00:14:19,567
and you swore to the accuracy
of this document.
288
00:14:19,633 --> 00:14:22,934
Well, this report says that
you were complaining
289
00:14:23,000 --> 00:14:27,200
that the person who was doing intake
had to have a Masters level.
290
00:14:27,266 --> 00:14:30,300
Don't look at any papers.
That's what you were complaining.
291
00:14:30,367 --> 00:14:32,200
- That's your first complaint,
- Yes, ma'am.
292
00:14:32,266 --> 00:14:34,633
that the person doing intake.
And somebody said to you
293
00:14:34,700 --> 00:14:38,033
that the person who was doing
intake was just taking basic information.
294
00:14:38,100 --> 00:14:41,834
And once the basic information was taken,
they would be assigned to somebody else.
295
00:14:41,900 --> 00:14:46,266
But Your Honor, she said that she wanted
to get some substance use information.
296
00:14:46,333 --> 00:14:49,934
My state board gave me this paper
that I'd like to submit.
297
00:14:50,000 --> 00:14:53,000
Just a second. I don't care
about your state board, actually.
298
00:14:53,066 --> 00:14:55,300
The question is
does she owe you any money?
299
00:14:55,367 --> 00:14:58,633
She doesn't owe you any money for salary.
I've already determined that.
300
00:14:58,700 --> 00:15:01,834
I see what she was supposed to pay you.
It's not that you were working there
301
00:15:01,900 --> 00:15:04,967
for days, you have hours that
you think you want to be paid for,
302
00:15:05,033 --> 00:15:08,200
that's not happening.
You were paid almost $2,000.
303
00:15:08,266 --> 00:15:11,100
in what I gather,
was a very acrimonious few days.
304
00:15:11,166 --> 00:15:14,667
I mean, you're talking maybe the five days
or seven days, you were compensated.
305
00:15:14,734 --> 00:15:15,734
Forget it.
306
00:15:17,700 --> 00:15:19,867
Do you have any security footage of her...
307
00:15:19,934 --> 00:15:21,667
- I do...
- Put your hand down!
308
00:15:21,734 --> 00:15:23,367
- She said she had...
- Put your hand down!
309
00:15:23,433 --> 00:15:25,200
You're gonna see the video.
310
00:15:25,266 --> 00:15:28,467
Not the video. She stated in a document
she had video of it.
311
00:15:28,533 --> 00:15:30,867
I don't think you understand
the court process.
312
00:15:41,934 --> 00:15:45,300
{\an8}Sharna Horn
has accused her former employer,
313
00:15:45,367 --> 00:15:48,734
{\an8}Kimberly Stewart, of defaming her.
Kimberly claims
314
00:15:48,800 --> 00:15:52,200
Sharna caused property damage
and slandered her business.
315
00:15:52,266 --> 00:15:54,734
The only other thing
that I have to determine is
316
00:15:54,800 --> 00:15:57,233
whether or not she called you
a drug addict.
317
00:15:57,300 --> 00:16:01,000
Now, would you show me where
she called you a drug addict?
318
00:16:01,066 --> 00:16:05,500
It wasn't just the drug addict,
it was the false documents that I, I...
319
00:16:05,567 --> 00:16:09,000
No-no-no-no, she's allowed to
file a complaint against you, madam.
320
00:16:09,066 --> 00:16:12,567
But I never had a police officer
come to me, question me or anything.
321
00:16:12,633 --> 00:16:14,734
So, if I did it, they would have
come to me.
322
00:16:14,800 --> 00:16:16,834
Just a second. What I'm telling you is,
323
00:16:16,900 --> 00:16:19,734
she is allowed to file a complaint
against you.
324
00:16:19,800 --> 00:16:20,800
Yes, ma'am.
325
00:16:20,867 --> 00:16:25,066
They have a responsibility to look into
the allegations of that complaint.
326
00:16:25,133 --> 00:16:28,667
Did they either sustain the allegations
in this complaint?
327
00:16:28,734 --> 00:16:32,233
Well, this is just August, so I assume
they haven't completed the investigation.
328
00:16:32,300 --> 00:16:33,967
{\an8}- Or have they?
- No, ma'am.
329
00:16:34,033 --> 00:16:35,433
Okay. So, they have not.
330
00:16:35,500 --> 00:16:37,900
That's why I'm filing defamation,
because this...
331
00:16:37,967 --> 00:16:39,834
She's doing it on purpose.
332
00:16:39,900 --> 00:16:43,633
I'll let you have
one more go at it.
333
00:16:43,700 --> 00:16:47,400
You say she's doing this on purpose.
Do you have...
334
00:16:47,467 --> 00:16:51,500
Yes. I have my father, who's a witness
from court one day.
335
00:16:51,567 --> 00:16:52,567
What court?
336
00:16:52,633 --> 00:16:53,734
Can I explain?
337
00:16:53,800 --> 00:16:54,934
Don't speak.
338
00:16:55,000 --> 00:16:58,934
We were in court because they tried to
file an injunction for harassment,
339
00:16:59,000 --> 00:17:00,533
and the judge, my dad...
340
00:17:00,600 --> 00:17:05,467
Just a second. Went to file
an injunction against you for harassment?
341
00:17:05,533 --> 00:17:07,767
Yes, ma'am, right after I went to police.
342
00:17:07,834 --> 00:17:10,867
Just a second. And
were you served with a document?
343
00:17:10,934 --> 00:17:11,934
No, ma'am.
344
00:17:12,000 --> 00:17:13,600
Well then, how did you end up in court?
345
00:17:13,667 --> 00:17:17,166
I saw the document on my door,
and unlike the Defendant,
346
00:17:17,233 --> 00:17:18,934
I went to the court to take care of it.
347
00:17:19,000 --> 00:17:21,433
You can laugh all you want,
but I took care of it.
348
00:17:21,500 --> 00:17:23,533
- She served...
- You have to be served with it.
349
00:17:23,600 --> 00:17:27,667
I'm actually finished.
I asked one question.
350
00:17:27,734 --> 00:17:31,100
And you tell me that you have the answer
to that question.
351
00:17:31,166 --> 00:17:34,600
We're going to repeat the question.
Whitney's gonna...
352
00:17:34,667 --> 00:17:38,934
And don't go off on this question.
Just stick to what the question was.
353
00:17:39,000 --> 00:17:44,233
She said they did this thing in sort of
either retaliation or on purpose or...
354
00:17:44,300 --> 00:17:46,233
She said, "That's why
I'm filing defamation
355
00:17:46,300 --> 00:17:47,834
because she's doing it on purpose.
356
00:17:47,900 --> 00:17:50,500
On purpose. Okay, and it was
the on purpose and you said
357
00:17:50,567 --> 00:17:53,567
you wanted your father to testify
to that and on purpose. Now go.
358
00:17:53,633 --> 00:17:57,100
Stand up next to your daughter.
You are limited to the following:
359
00:17:57,166 --> 00:18:02,233
{\an8}You are limited to telling me proof that
you have, on behalf of your daughter,
360
00:18:02,300 --> 00:18:06,734
{\an8}that the Defendant has filed these charges
against her,
361
00:18:06,800 --> 00:18:09,800
not on purpose, because she absolutely
did them on purpose,
362
00:18:09,867 --> 00:18:12,567
but I assume that you meant maliciously.
363
00:18:12,633 --> 00:18:14,233
- Yes, ma'am.
- Now I'll hear you.
364
00:18:14,300 --> 00:18:16,233
Okay. I'm gonna keep this succinct.
365
00:18:16,300 --> 00:18:20,233
Maliciously. What evidence
do you have that the Defendant
366
00:18:20,300 --> 00:18:24,367
filed this complaint,
and swore to this complaint, maliciously?
367
00:18:24,433 --> 00:18:26,400
I have no proof, but...
368
00:18:26,467 --> 00:18:28,633
Then you have no proof.
Then you can sit down.
369
00:18:28,700 --> 00:18:31,433
Right, but that's not the question
she asked.
370
00:18:31,500 --> 00:18:34,834
All I want to know is, maliciously.
Now you can sit down.
371
00:18:34,900 --> 00:18:39,300
Okay. Now we're gonna get to
the last question that I have for you
372
00:18:39,367 --> 00:18:43,467
and then we're done. Do you have
anything in writing
373
00:18:43,533 --> 00:18:45,800
where she called you a drug addict?
374
00:18:45,867 --> 00:18:48,433
Your Honor, in the complaint
to my board...
375
00:18:48,500 --> 00:18:53,233
Okay, we're done. We're done.
So, now we're on your case.
376
00:18:53,300 --> 00:18:57,133
Now we're on your counterclaim.
Your counterclaim is for property damage.
377
00:18:57,200 --> 00:18:58,200
What property?
378
00:18:58,266 --> 00:19:01,567
{\an8}I will show you the documentation
to the counterclaim.
379
00:19:01,633 --> 00:19:05,667
Just a second. Don't tell me
that you have documentation.
380
00:19:05,734 --> 00:19:09,266
It's a shattered window.
When was the window shattered?
381
00:19:09,333 --> 00:19:13,633
The window was actually shattered on
August the...
382
00:19:13,700 --> 00:19:16,767
and let me make sure I get you
accurate dates, I'm sorry.
383
00:19:16,834 --> 00:19:19,500
- Did you witness it being shattered?
- No, ma'am.
384
00:19:19,567 --> 00:19:23,800
If you didn't witness it being shattered,
what proof do you have that if...
385
00:19:23,867 --> 00:19:25,367
- Put your hand down!
- Yes, ma'am.
386
00:19:25,433 --> 00:19:27,133
- Put your hand down.
- I don't have it up.
387
00:19:27,200 --> 00:19:28,200
Well, put it down.
388
00:19:28,266 --> 00:19:31,467
Very good. Better.
389
00:19:31,533 --> 00:19:33,100
We don't have witness, we...
390
00:19:33,166 --> 00:19:35,333
If you don't have a witness,
you don't have proof.
391
00:19:35,400 --> 00:19:38,467
Any other property damage?
Shattered window... Anything else?
392
00:19:38,533 --> 00:19:42,600
There was a broke lock. The day that she
was, um, can I say this, the day that...
393
00:19:42,667 --> 00:19:44,400
No-no-no. I'm very easy.
394
00:19:44,467 --> 00:19:47,700
No, I'm saying the day that
she came out to and sent the police
395
00:19:47,767 --> 00:19:52,767
to our facility on a Saturday,
the lock, I saw her leaving that day,
396
00:19:52,834 --> 00:19:56,533
and our lock was broken off of our gate.
397
00:19:56,600 --> 00:20:01,233
All I want to know is,
did anyone witness her, either...
398
00:20:01,300 --> 00:20:03,000
- No.
- Then the answer is no.
399
00:20:03,066 --> 00:20:06,834
Do you have any security footage of her...
Put your hand down!
400
00:20:06,900 --> 00:20:08,800
- She said she had...
- Put your hand down!
401
00:20:08,867 --> 00:20:11,200
- You're gonna see the video...
- No-no!
402
00:20:11,266 --> 00:20:14,066
Not the video. She stated in a document
she had video of it.
403
00:20:14,133 --> 00:20:16,200
- Just a second.
- Oh, gosh.
404
00:20:16,266 --> 00:20:18,433
I don't think you understand
the court process.
405
00:20:18,500 --> 00:20:21,233
So, I'm now gonna tell you,
I dismissed your case
406
00:20:21,300 --> 00:20:23,400
and I'm getting very close to
dismissing hers.
407
00:20:23,467 --> 00:20:27,200
I'm dismissing those parts of her
complaint which allege property damage
408
00:20:27,266 --> 00:20:30,867
because she has no witnesses that
you in fact committed property damage.
409
00:20:30,934 --> 00:20:35,100
There's no reason for you to continue
looking up papers, your case is dismissed.
410
00:20:35,166 --> 00:20:37,600
- Do you understand?
- Yes, ma'am. It's about her case.
411
00:20:37,667 --> 00:20:42,467
Now, the last part of this case has to do
with the Defendant's allegation
412
00:20:42,533 --> 00:20:46,333
that you in fact
defamed her organization.
413
00:20:46,400 --> 00:20:50,367
I'd like to see, in writing,
what you have to prove to me
414
00:20:50,433 --> 00:20:53,633
that the Plaintiff
defamed your organization.
415
00:20:53,700 --> 00:20:55,700
I want you to...
416
00:20:55,767 --> 00:20:59,033
I didn't ask you for anything.
Now it's her proof. Do you understand?
417
00:20:59,100 --> 00:21:03,166
What I'm telling you, Miss Horn,
is your behavior is a little off.
418
00:21:03,233 --> 00:21:04,567
I'm telling you.
419
00:21:04,633 --> 00:21:05,900
Because I was framed.
420
00:21:05,967 --> 00:21:10,333
Just a second. Your behavior is off.
And I've told you why.
421
00:21:10,400 --> 00:21:14,400
I've given you specific reasons why.
You had two parts of your complaint.
422
00:21:14,467 --> 00:21:16,600
One is for wages, which I dismissed,
423
00:21:16,667 --> 00:21:19,867
and the other one for calling you
a drug addict, which you could not prove.
424
00:21:19,934 --> 00:21:21,700
- No.
- You're not hearing me.
425
00:21:21,767 --> 00:21:26,967
I asked you for proof that she called you
a drug addict. You didn't have it.
426
00:21:27,033 --> 00:21:30,867
Now, proof that she
defamed your organization.
427
00:21:30,934 --> 00:21:32,266
May I have it, Kevin?
428
00:21:33,633 --> 00:21:36,600
This is from her and her father.
And, um...
429
00:21:36,667 --> 00:21:39,700
Just a second. Her father isn't a party
to this action.
430
00:21:39,767 --> 00:21:42,133
Can I speak to the counterclaim
'cause I have proof?
431
00:21:42,200 --> 00:21:43,967
From her. Her texts.
432
00:21:44,033 --> 00:21:46,000
- How...
- It's her texts.
433
00:21:46,066 --> 00:21:49,200
This is from him. I'm not interested
in anything from him.
434
00:21:49,266 --> 00:21:52,133
Sue him, if he said nasty things to you.
435
00:21:52,200 --> 00:21:56,333
Your Honor, it's just not nasty things.
Um, this all came about
436
00:21:56,400 --> 00:22:01,633
because of everything Sharna has done,
she doesn't realize is that...
437
00:22:01,700 --> 00:22:02,834
- Listen to me.
- Yes.
438
00:22:02,900 --> 00:22:04,500
None of this comes from her.
439
00:22:04,567 --> 00:22:06,400
She's on it. Her name is on there.
440
00:22:06,467 --> 00:22:08,800
I don't care whether her name is on it,
none of this comes from her.
441
00:22:08,867 --> 00:22:10,266
They cc'd her.
442
00:22:10,333 --> 00:22:11,333
This is proof.
443
00:22:11,400 --> 00:22:13,834
Put everything away.
Put all your papers away.
444
00:22:13,900 --> 00:22:17,233
I'm not coming back to you, unless I
in fact see that there's any validity
445
00:22:17,300 --> 00:22:20,033
towards her counterclaim,
then I'll come back to you.
446
00:22:20,100 --> 00:22:23,834
Right now, your claim is dismissed.
Both counts of your claim is dismissed.
447
00:22:23,900 --> 00:22:28,233
I've dismissed her claims for
shattered window and a broken lock.
448
00:22:28,300 --> 00:22:32,166
And these emails do not represent
any form of defamation.
449
00:22:32,233 --> 00:22:36,033
If you have nothing else,
your claim for defamation is dismissed.
450
00:22:36,100 --> 00:22:39,033
Do you have anything else?
The answer is yes or no.
451
00:22:39,100 --> 00:22:40,500
- No, Your Honor.
- No.
452
00:22:40,567 --> 00:22:42,133
We're done. Thank you, bye.
453
00:22:42,200 --> 00:22:44,600
- This court is adjourned.
- Thank you.
454
00:22:45,767 --> 00:22:48,633
Our facility and myself
have done nothing wrong.
455
00:22:48,700 --> 00:22:50,500
I think I got flustered, which is fair.
456
00:22:50,567 --> 00:22:55,533
We're doing everything according to
the Arizona State Board and laws.
457
00:22:57,333 --> 00:23:00,700
- I actually thought that they paid her.
- Mm-hmm.
458
00:23:00,767 --> 00:23:03,333
She complained that she
hadn't gotten her second paycheck.
459
00:23:03,400 --> 00:23:06,800
If you look at the documents,
the documents say that they went right in
460
00:23:06,867 --> 00:23:09,967
and bookkeeping corrected that and
sent her out the second paycheck,
461
00:23:10,033 --> 00:23:11,233
so that was nonsense.
462
00:23:11,300 --> 00:23:14,333
And there was absolutely zero proof
that they called her a drug addict.
463
00:23:14,400 --> 00:23:19,800
Except for in a valid document that they
filed, which they had the right to do.
464
00:23:19,867 --> 00:23:23,633
It wasn't the type of slander we usually
see where it's plastered on the Internet.
465
00:23:23,700 --> 00:23:25,133
Or anything like that.
466
00:23:25,200 --> 00:23:27,967
And certainly, the Defendant
didn't present any proof
467
00:23:28,033 --> 00:23:31,500
other than some nasty emails
back and forth by her father.
468
00:23:31,567 --> 00:23:33,567
Maybe he's just being a supportive parent.
469
00:23:33,633 --> 00:23:37,066
Anyway, I hope she finds a job
that's comfortable for her.
470
00:23:37,133 --> 00:23:38,800
And some peace.
471
00:23:40,433 --> 00:23:44,133
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