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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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[narrator]
This is Judy Justice.
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[theme music playing]
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{\an8}[narrator] Sharna Horn
is suing her former employer,
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{\an8}Kimberly Stewart for unpaid wages and
defamation of character.
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[bailiff]
Court, come to order. All rise.
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Have a seat, please.
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Hello, Judge. Case #2103,
Horn versus Stewart.
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- Thank you.
- You're welcome.
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Miss Horn, it is your allegation
that the Defendant,
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for whom you worked for
a relatively short period of time,
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- owes you some wages.
- Yes, ma'am.
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[Judy] And in addition to owing you wages,
you are suing her
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because you claim she defamed you
by calling you a drug addict.
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{\an8}And she wants my board telling them
that I did other acts.
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{\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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[Judy] 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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{\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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We have employers
that will staff them as well.
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And we also provide substance abuse
and behavior health services.
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Is it a 501C3 organization?
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No, we are a for-profit company
as a corporation.
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[Judy]
And how many employees do you have?
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We currently have seven employees.
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And when did Miss Horn come to work
for you and what was she hired to do?
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She was hired as the Clinical Director and
she started on July 21, 2022.
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[Judy] Okay. Before I go to Miss Horn,
I want you to tell me,
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what special training did you have
or is it required to have?
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You're the director of this?
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I'm the VP of Operations.
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Okay. Is there any special training
that you had?
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Besides having a Masters in Accounting,
I have my own accounting firm.
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Okay. So, you have a Masters in Accounting
and you have your own firm.
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[Kimberly]
Yes.
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Okay, and you do Operations for this?
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Yes.
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And Miss Horn, I'd like you to tell me
what your educational background...
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You were hired as the Clinical Director.
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Yes, ma'am.
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[Judy] So, tell me about
your educational background.
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I've been in the field for 15 years.
I have a Masters in Counseling Psychology.
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I have my LPC, which is
an independent licensure
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{\an8}And so, when she wanted to
do illegal practices...
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{\an8}[Judy] No-no-no, you're
getting ahead of yourself, Miss Horn.
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[Sharna]
Yes, ma'am.
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[Judy]
Did you answer an ad?
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Yes, ma'am. I went for the interview,
and when I showed up for the interview,
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she told me that I could not
oversee the clinicians
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because she has case managers and
that I could not sign off on notes
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because I had an LPC. I got the board
on the phone that day and she was...
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You're getting far ahead of yourself,
Miss Horn, and I'm just telling you...
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- Who is this person?
- [Sharna] My dad, Your Honor.
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Okay. I'm just telling you
that what you're doing is,
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by not just answering my questions,
you're not serving your cause well.
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- Yes, ma'am. Yes, ma'am.
- Do you understand?
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Okay. Don't tell me what she told you
she couldn't do.
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You started working for her on what date?
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The date that I actually started working
for her was July 27, 2022.
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And were you an hourly employee?
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{\an8}No, I was a salary employee,
could I show you?
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{\an8}- [Judy] Yes.
- Thank you, Your Honor.
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Sarah, would you bring up a July calendar
for me?
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- I want to see the days in July.
- I have it.
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[Judy] Okay. So, this is an offer
and it was a pretty nice job.
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Paid on a bi-weekly basis,
$115,000 a year
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with an increase the following year.
The work offer
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was contingent upon a background check.
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Yes, ma'am.
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- [Judy] A drug test.
- Yes, ma'am.
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Participation in training and any other
safety measurements for staffing.
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So, between July 21st and July 27th
when you started,
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was a background check completed?
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It was completed.
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That's all I want to know, it was
completed. Was a drug test completed?
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- Yes, ma'am.
- Not before she started.
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[Judy] Just a second.
Between July 21st and July 27th,
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was a drug test conducted?
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Yes, ma'am.
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It was conducted, but on the 28th.
Her drug test was done
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{\an8}on the 28th of July,
after she had started.
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Okay. So, you took it on the 28th.
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Yes, ma'am.
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I need from the 27th to August 3rd.
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Yeah, the 27th was a Wednesday,
August third was the following Wednesday.
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Okay. So, she worked Wednesday, Thursday
and Friday...
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And then, the following Monday, Tuesday.
The third would be that Wednesday.
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- Five days.
- [Sharna] No, ma'am.
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Monday, Tuesday, Wednesday and Thursday
of the last week.
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Her grand opening was
the Thursday of that week that I quit.
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And what she is talking about,
I talked about at the beginning,
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before I took the drug test
and they said that it was no problem.
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I take medication
that's prescribed by doctors.
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{\an8}And I have proof that I take medication
by doctors, and I'm not a drug addict...
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I don't want to get into what medication
you take that's prescribed by doctors.
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I would assume that we're not talking
about blood pressure medication,
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and we're not talking about
medication for migraines
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and we're not talking about
stuff to take care of rashes on your arm.
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No, ma'am.
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Okay. So, let's say you worked there
for six days.
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How much were you paid?
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I was paid $55.29 an hour,
but I worked those seven days.
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[Judy]
How much were you paid in total?
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So, the last paycheck that they gave me,
$909.58.
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May I see it?
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Yes, ma'am. And I wanna send up,
I think I have the credit card
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because she had owed me money,
and here are the days that I worked...
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Circled.
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Do you have a paycheck?
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She did not give me a paycheck.
The first one was a paycheck,
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the others were direct deposit.
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I want to know how much she paid you
in total. Let's have it.
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So, for just wages itself...
- [Judy] That's all I want to know.
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I was paid...
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[Judy] You want to tell me,
do you have records, Miss Steward,
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about how much the Plaintiff was paid
by your organization?
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{\an8}She received two checks.
She was paid $1,903.38.
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{\an8}- [Judy] One thousand...
- Nine hundred three dollars...
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And that was for?
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When we did the drug test,
she was gone for over five hours.
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Drug testing are supposed to be done
before or after work hours.
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Then she returned back to the facility
between 4:30 and 5:00 PM that day,
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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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Sharna wasn't...
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She really only was with you for one week.
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Yes.
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On what date did you tell her that?
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About the 28th, yeah.
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[Judy] On the 28th.
Did you tell her that on the 21st?
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- I'm just asking you.
- No, because what happened that day
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was it was a confused interview
where I was about to walk out.
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Okay, well, I'm getting unconfused.
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[theme music playing]
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{\an8}[narrator] Sharna Horn
is suing her former employer,
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Kimberly Stewart for unpaid wages
and defamation of character.
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Kimberly is countersuing
for property damage and slander.
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So, she really only was with you
for one week.
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Correct. And then, on the next pay period,
because she was paid for those three days
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and the time that she took off,
we put her on the hourly rate
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because she didn't work
a solid two weeks.
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{\an8}At any rate, we paid her for
the time and days she was there.
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{\an8}And so, we don't owe her any money.
She was paid in full.
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Well, you were actually paid almost $2,000
and you were there for five days.
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What she said was a lie.
I never took off time...
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[Judy] Just a second.
I said something.
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Don't say what she said was a lie.
You were paid almost $2,000,
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and you worked for five days.
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Seven days.
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[Judy] Well, when you went to take
your drug test, what time did you leave?
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Well, the other person...
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Just a second. What time did you leave?
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I did not leave from anything,
I did it on my own, before I started.
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So, is what you're telling me
that the Defendant was incorrect
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when she said you were
gone from the facility...
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Yes, ma'am.
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Do you have anything to support that,
that she was gone for four hours?
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Ma'am, she was gone for half the day,
because that's when she ran into my office
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and said, hey, there's some stuff
that's gonna show up,
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will I be fired? Or am I
going to have a job?
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[Judy] When did you
have that discussion with her?
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That was on the 28th of July.
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Did you ask her what substances?
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Yes.
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Did she tell you?
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Yes.
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- For my information, Miss Horn,
- Yes, ma'am.
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how much do you think, in addition to
the $1,903 that you were paid,
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do you think you're owed?
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Ten hours, ma'am.
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Ten hours. Which ten hours?
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That's from the week of the...
The second week, not the first week,
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{\an8}because I never left. I actually stayed
late the day before their grand opening,
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{\an8}because she ordered a sofa...
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Are you charging her for those hours
that you stayed late?
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00:10:01,600 --> 00:10:03,133
Yes, because that's work.
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00:10:03,200 --> 00:10:05,767
Now, okay, what else? Right now,
we're just playing with time.
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00:10:05,834 --> 00:10:08,200
I passed everything and
I was told I would be fine.
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00:10:08,266 --> 00:10:10,767
- Just a second. Who told you that, she?
- [Sharna] Yes, ma'am.
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00:10:10,834 --> 00:10:12,767
When did she tell you you would be fine?
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00:10:12,834 --> 00:10:15,200
I went to her, I said,
there's gonna be a drug test,
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00:10:15,266 --> 00:10:17,000
here's the medications that I take.
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00:10:17,066 --> 00:10:18,734
On what date did you tell her that?
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00:10:18,800 --> 00:10:19,800
About the 28th, yeah.
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00:10:19,867 --> 00:10:22,367
[Judy] On the 28th. Did you
tell her that on the 21st?
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00:10:22,433 --> 00:10:26,100
- I'm just asking you.
- No, because what happened that day
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00:10:26,166 --> 00:10:28,900
was it was a confused interview
where I was about to walk out.
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00:10:28,967 --> 00:10:32,266
Okay. Well, I'm getting unconfused.
So, you went in to her,
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before she got the results of the test
and asked her, specifically,
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these are the medications that I take,
this is what's going to show up,
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00:10:38,900 --> 00:10:40,133
is it going to be a problem?
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{\an8}- This is common, Your Honor.
- [Judy] Is who?
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00:10:42,467 --> 00:10:45,934
{\an8}This is common in my field,
to take drug tests for all the field.
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00:10:46,000 --> 00:10:48,333
- [Judy] You're gonna answer my question.
- Yes, ma'am.
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00:10:48,400 --> 00:10:52,533
[Judy] My question is, if you knew
that it might have been a problem,
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00:10:52,600 --> 00:10:57,367
you did not tell that to her
on the 21st of July,
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00:10:57,433 --> 00:11:01,300
or the 22nd, or the 23rd,
or when you started.
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00:11:01,367 --> 00:11:05,433
But not until, either right before or
right after you took the drug test.
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00:11:05,500 --> 00:11:08,233
That's when you said
you went into her office and said
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00:11:08,300 --> 00:11:11,367
these are the medications that I take,
is it gonna be a problem?
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00:11:11,433 --> 00:11:12,433
Yes, ma'am.
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00:11:12,500 --> 00:11:14,900
Mr. Horn, actually,
I'm glad you're here with your daughter.
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00:11:14,967 --> 00:11:16,600
- May I talk to her for a minute?
- [Judy] No.
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00:11:16,667 --> 00:11:18,500
- Okay.
- [Judy] You may not talk to her.
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00:11:18,567 --> 00:11:20,800
Could I show you a picture of
the inside of the facility
225
00:11:20,867 --> 00:11:22,700
of what happened in that facility, please?
226
00:11:22,767 --> 00:11:24,166
- No. You left.
- Yes, ma'am.
227
00:11:24,233 --> 00:11:27,734
[Judy] And I find that the records are so,
actually... You don't have records.
228
00:11:27,800 --> 00:11:29,800
Unless that's something that
you want to show me.
229
00:11:29,867 --> 00:11:32,734
You want to show me something
about your employment hours?
230
00:11:32,800 --> 00:11:35,567
You were paid almost $2,000
for the few days you worked there.
231
00:11:35,633 --> 00:11:37,467
As far as I'm concerned,
it didn't work out.
232
00:11:37,533 --> 00:11:39,934
You hated it there and
she wasn't crazy about you.
233
00:11:40,000 --> 00:11:43,834
Because I had to leave because
I was gonna be violating state law
234
00:11:43,900 --> 00:11:46,834
and federal law, which
she's already done, Your Honor.
235
00:11:46,900 --> 00:11:50,467
I'm gonna ask you... You've been
doing what you're doing for 15 years.
236
00:11:50,533 --> 00:11:51,533
Yes, ma'am.
237
00:11:51,600 --> 00:11:55,500
Tell me what job you had
that lasted more than three years.
238
00:11:55,567 --> 00:11:56,867
I've moved, Your Honor.
239
00:11:56,934 --> 00:12:01,000
Tell me who you worked for in
the last 15 years, more than three years.
240
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.
241
00:12:04,734 --> 00:12:08,900
So, you weren't in this field
for 15 years, you were in school.
242
00:12:08,967 --> 00:12:11,834
I've been seeing clients since 2007.
243
00:12:11,900 --> 00:12:12,967
[Judy]
Privately.
244
00:12:13,033 --> 00:12:14,033
No.
245
00:12:14,100 --> 00:12:18,233
Well, what I asked you is,
who did you work for in the last 15 years
246
00:12:18,300 --> 00:12:19,467
more than three years?
247
00:12:19,533 --> 00:12:20,533
University.
248
00:12:20,600 --> 00:12:22,200
Is that where you went to school?
249
00:12:22,266 --> 00:12:23,266
Yes, ma'am.
250
00:12:23,333 --> 00:12:25,600
Is that where you went to school,
for how many years?
251
00:12:25,667 --> 00:12:26,667
Five years.
252
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.
253
00:12:30,100 --> 00:12:32,000
You want to have a conversation with her?
254
00:12:33,033 --> 00:12:34,033
You're blowing it.
255
00:12:34,100 --> 00:12:36,934
You answer her questions directly and
don't go anywhere else.
256
00:12:37,000 --> 00:12:38,000
Okay.
257
00:12:40,233 --> 00:12:42,066
- [Judy] Was that helpful?
- Yes, ma'am.
258
00:12:42,133 --> 00:12:45,233
Okay. We're leaving the salary
that you think you're owed.
259
00:12:45,300 --> 00:12:49,433
You say that the Defendant
called you a drug addict
260
00:12:49,500 --> 00:12:53,800
and thereby, limited your ability
in your chosen field.
261
00:12:53,867 --> 00:12:56,900
So, show me, tell me. May I see?
262
00:12:56,967 --> 00:13:00,767
I would like to submit the board
allegations, because everything...
263
00:13:00,834 --> 00:13:02,800
Just a second. Just...
264
00:13:04,533 --> 00:13:06,734
And may I provide the timeline
for what happened?
265
00:13:06,800 --> 00:13:09,500
What I want to know is,
what is this?
266
00:13:09,567 --> 00:13:12,400
That is a falsified document...
267
00:13:12,467 --> 00:13:14,300
Just a second. It is a document.
268
00:13:14,367 --> 00:13:17,800
{\an8}It's my board stating
that I did things I did not do.
269
00:13:17,867 --> 00:13:19,300
{\an8}I highlighted the bottom...
270
00:13:19,367 --> 00:13:21,633
{\an8}To your board or to The Board?
271
00:13:21,700 --> 00:13:26,767
Ssh! Okay. So, this says
a complaint was filed against you
272
00:13:26,834 --> 00:13:29,600
with the Arizona Board
of Behavioral Health.
273
00:13:29,667 --> 00:13:32,433
The complaint alleges that
you may have committed an act
274
00:13:32,500 --> 00:13:35,667
of unprofessional practice...
Somebody filed a complaint against you.
275
00:13:35,734 --> 00:13:37,967
- [Sharna] She lodged a false complaint.
- Ssh! No.
276
00:13:38,033 --> 00:13:40,867
- Somebody lodged a complaint against you.
- Yes, ma'am.
277
00:13:40,934 --> 00:13:43,333
It doesn't say who lodged a complaint
against you,
278
00:13:43,400 --> 00:13:47,233
It says a complaint has been filed.
You didn't file this document.
279
00:13:47,300 --> 00:13:48,333
[Sharna]
Yes, she did.
280
00:13:48,400 --> 00:13:49,867
Excuse me?
281
00:13:49,934 --> 00:13:51,600
It's her signature at the bottom.
282
00:13:51,667 --> 00:13:57,300
The types of documentation that were filed
was List of Medications,
283
00:13:57,367 --> 00:14:00,800
Harassing and threatening emails
and text messages,
284
00:14:00,867 --> 00:14:04,000
and Budget left in desk.
I don't know what that means.
285
00:14:04,066 --> 00:14:08,867
She said I had all of my possessions,
but how did she only have my budget?
286
00:14:08,934 --> 00:14:11,900
Just a... I'm telling you
that this is what it says.
287
00:14:11,967 --> 00:14:12,967
Yes, ma'am.
288
00:14:13,033 --> 00:14:16,266
Okay? The CEO filed this document,
289
00:14:16,333 --> 00:14:19,567
and you swore to the accuracy
of this document.
290
00:14:19,633 --> 00:14:22,934
Well, this report says that
you were complaining
291
00:14:23,000 --> 00:14:27,200
that the person who was doing intake
had to have a Masters level.
292
00:14:27,266 --> 00:14:30,300
Don't look at any papers.
That's what you were complaining.
293
00:14:30,367 --> 00:14:32,200
- That's your first complaint,
- Yes, ma'am.
294
00:14:32,266 --> 00:14:34,633
that the person doing intake.
And somebody said to you
295
00:14:34,700 --> 00:14:38,033
that the person who was doing
intake was just taking basic information.
296
00:14:38,100 --> 00:14:41,834
And once the basic information was taken,
they would be assigned to somebody else.
297
00:14:41,900 --> 00:14:46,266
But Your Honor, she said that she wanted
to get some substance use information.
298
00:14:46,333 --> 00:14:49,934
My state board gave me this paper
that I'd like to submit.
299
00:14:50,000 --> 00:14:53,000
Just a second. I don't care
about your state board, actually.
300
00:14:53,066 --> 00:14:55,300
The question is
does she owe you any money?
301
00:14:55,367 --> 00:14:58,633
She doesn't owe you any money for salary.
I've already determined that.
302
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
303
00:15:01,900 --> 00:15:04,967
for days, you have hours that
you think you want to be paid for,
304
00:15:05,033 --> 00:15:08,200
that's not happening.
You were paid almost $2,000.
305
00:15:08,266 --> 00:15:11,100
in what I gather,
was a very acrimonious few days.
306
00:15:11,166 --> 00:15:14,667
I mean, you're talking maybe the five days
or seven days, you were compensated.
307
00:15:14,734 --> 00:15:15,734
Forget it.
308
00:15:17,700 --> 00:15:19,867
Do you have any security footage of her...
309
00:15:19,934 --> 00:15:21,667
- I do...
- [Judy] Put your hand down!
310
00:15:21,734 --> 00:15:23,367
- She said she had...
- Put your hand down!
311
00:15:23,433 --> 00:15:25,200
You're gonna see the video.
312
00:15:25,266 --> 00:15:28,467
Not the video. She stated in a document
she had video of it.
313
00:15:28,533 --> 00:15:30,867
I don't think you understand
the court process.
314
00:15:35,266 --> 00:15:36,967
[theme music playing]
315
00:15:41,934 --> 00:15:45,300
{\an8}[narrator] Sharna Horn
has accused her former employer,
316
00:15:45,367 --> 00:15:48,734
{\an8}Kimberly Stewart, of defaming her.
Kimberly claims
317
00:15:48,800 --> 00:15:52,200
Sharna caused property damage
and slandered her business.
318
00:15:52,266 --> 00:15:54,734
The only other thing
that I have to determine is
319
00:15:54,800 --> 00:15:57,233
whether or not she called you
a drug addict.
320
00:15:57,300 --> 00:16:01,000
Now, would you show me where
she called you a drug addict?
321
00:16:01,066 --> 00:16:05,500
It wasn't just the drug addict,
it was the false documents that I, I...
322
00:16:05,567 --> 00:16:09,000
No-no-no-no, she's allowed to
file a complaint against you, madam.
323
00:16:09,066 --> 00:16:12,567
But I never had a police officer
come to me, question me or anything.
324
00:16:12,633 --> 00:16:14,734
So, if I did it, they would have
come to me.
325
00:16:14,800 --> 00:16:16,834
Just a second. What I'm telling you is,
326
00:16:16,900 --> 00:16:19,734
she is allowed to file a complaint
against you.
327
00:16:19,800 --> 00:16:20,800
Yes, ma'am.
328
00:16:20,867 --> 00:16:25,066
They have a responsibility to look into
the allegations of that complaint.
329
00:16:25,133 --> 00:16:28,667
Did they either sustain the allegations
in this complaint?
330
00:16:28,734 --> 00:16:32,233
Well, this is just August, so I assume
they haven't completed the investigation.
331
00:16:32,300 --> 00:16:33,967
{\an8}- Or have they?
- No, ma'am.
332
00:16:34,033 --> 00:16:35,433
[Judy]
Okay. So, they have not.
333
00:16:35,500 --> 00:16:37,900
That's why I'm filing defamation,
because this...
334
00:16:37,967 --> 00:16:39,834
She's doing it on purpose.
335
00:16:39,900 --> 00:16:43,633
[scoffs] I'll let you have
one more go at it.
336
00:16:43,700 --> 00:16:47,400
You say she's doing this on purpose.
Do you have...
337
00:16:47,467 --> 00:16:51,500
Yes. I have my father, who's a witness
from court one day.
338
00:16:51,567 --> 00:16:52,567
[Judy]
What court?
339
00:16:52,633 --> 00:16:53,734
Can I explain?
340
00:16:53,800 --> 00:16:54,934
[Judy]
Don't speak.
341
00:16:55,000 --> 00:16:58,934
We were in court because they tried to
file an injunction for harassment,
342
00:16:59,000 --> 00:17:00,533
and the judge, my dad...
343
00:17:00,600 --> 00:17:05,467
[Judy] Just a second. Went to file
an injunction against you for harassment?
344
00:17:05,533 --> 00:17:07,767
Yes, ma'am, right after I went to police.
345
00:17:07,834 --> 00:17:10,867
[Judy] Just a second. And
were you served with a document?
346
00:17:10,934 --> 00:17:11,934
No, ma'am.
347
00:17:12,000 --> 00:17:13,600
Well then, how did you end up in court?
348
00:17:13,667 --> 00:17:17,166
I saw the document on my door,
and unlike the Defendant,
349
00:17:17,233 --> 00:17:18,934
I went to the court to take care of it.
350
00:17:19,000 --> 00:17:21,433
You can laugh all you want,
but I took care of it.
351
00:17:21,500 --> 00:17:23,533
- She served...
- You have to be served with it.
352
00:17:23,600 --> 00:17:27,667
I'm actually finished.
I asked one question.
353
00:17:27,734 --> 00:17:31,100
And you tell me that you have the answer
to that question.
354
00:17:31,166 --> 00:17:34,600
We're going to repeat the question.
Whitney's gonna...
355
00:17:34,667 --> 00:17:38,934
And don't go off on this question.
Just stick to what the question was.
356
00:17:39,000 --> 00:17:44,233
She said they did this thing in sort of
either retaliation or on purpose or...
357
00:17:44,300 --> 00:17:46,233
She said, "That's why
I'm filing defamation
358
00:17:46,300 --> 00:17:47,834
because she's doing it on purpose.
359
00:17:47,900 --> 00:17:50,500
On purpose. Okay, and it was
the on purpose and you said
360
00:17:50,567 --> 00:17:53,567
you wanted your father to testify
to that and on purpose. Now go.
361
00:17:53,633 --> 00:17:57,100
Stand up next to your daughter.
You are limited to the following:
362
00:17:57,166 --> 00:18:02,233
{\an8}You are limited to telling me proof that
you have, on behalf of your daughter,
363
00:18:02,300 --> 00:18:06,734
{\an8}that the Defendant has filed these charges
against her,
364
00:18:06,800 --> 00:18:09,800
not on purpose, because she absolutely
did them on purpose,
365
00:18:09,867 --> 00:18:12,567
but I assume that you meant maliciously.
366
00:18:12,633 --> 00:18:14,233
- Yes, ma'am.
- Now I'll hear you.
367
00:18:14,300 --> 00:18:16,233
Okay. I'm gonna keep this succinct.
368
00:18:16,300 --> 00:18:20,233
[Judy] Maliciously. What evidence
do you have that the Defendant
369
00:18:20,300 --> 00:18:24,367
filed this complaint,
and swore to this complaint, maliciously?
370
00:18:24,433 --> 00:18:26,400
I have no proof, but...
371
00:18:26,467 --> 00:18:28,633
Then you have no proof.
Then you can sit down.
372
00:18:28,700 --> 00:18:31,433
Right, but that's not the question
she asked.
373
00:18:31,500 --> 00:18:34,834
All I want to know is, maliciously.
Now you can sit down.
374
00:18:34,900 --> 00:18:39,300
Okay. Now we're gonna get to
the last question that I have for you
375
00:18:39,367 --> 00:18:43,467
and then we're done. Do you have
anything in writing
376
00:18:43,533 --> 00:18:45,800
where she called you a drug addict?
377
00:18:45,867 --> 00:18:48,433
Your Honor, in the complaint
to my board...
378
00:18:48,500 --> 00:18:53,233
Okay, we're done. We're done.
So, now we're on your case.
379
00:18:53,300 --> 00:18:57,133
Now we're on your counterclaim.
Your counterclaim is for property damage.
380
00:18:57,200 --> 00:18:58,200
What property?
381
00:18:58,266 --> 00:19:01,567
{\an8}I will show you the documentation
to the counterclaim.
382
00:19:01,633 --> 00:19:05,667
[Judy] Just a second. Don't tell me
that you have documentation.
383
00:19:05,734 --> 00:19:09,266
It's a shattered window.
When was the window shattered?
384
00:19:09,333 --> 00:19:13,633
The window was actually shattered on
August the...
385
00:19:13,700 --> 00:19:16,767
and let me make sure I get you
accurate dates, I'm sorry.
386
00:19:16,834 --> 00:19:19,500
- Did you witness it being shattered?
- [Kimberly] No, ma'am.
387
00:19:19,567 --> 00:19:23,800
If you didn't witness it being shattered,
what proof do you have that if...
388
00:19:23,867 --> 00:19:25,367
- Put your hand down!
- Yes, ma'am.
389
00:19:25,433 --> 00:19:27,133
- Put your hand down.
- I don't have it up.
390
00:19:27,200 --> 00:19:28,200
Well, put it down.
391
00:19:28,266 --> 00:19:31,467
- [laughs]
- [Judy] Very good. Better.
392
00:19:31,533 --> 00:19:33,100
[Kimberly]
We don't have witness, we...
393
00:19:33,166 --> 00:19:35,333
If you don't have a witness,
you don't have proof.
394
00:19:35,400 --> 00:19:38,467
Any other property damage?
Shattered window... Anything else?
395
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...
396
00:19:42,667 --> 00:19:44,400
No-no-no. I'm very easy.
397
00:19:44,467 --> 00:19:47,700
No, I'm saying the day that
she came out to and sent the police
398
00:19:47,767 --> 00:19:52,767
to our facility on a Saturday,
the lock, I saw her leaving that day,
399
00:19:52,834 --> 00:19:56,533
and our lock was broken off of our gate.
400
00:19:56,600 --> 00:20:01,233
All I want to know is,
did anyone witness her, either...
401
00:20:01,300 --> 00:20:03,000
- No.
- [Judy] Then the answer is no.
402
00:20:03,066 --> 00:20:06,834
Do you have any security footage of her...
Put your hand down!
403
00:20:06,900 --> 00:20:08,800
- She said she had...
- Put your hand down!
404
00:20:08,867 --> 00:20:11,200
- You're gonna see the video...
- [Judy] No-no!
405
00:20:11,266 --> 00:20:14,066
Not the video. She stated in a document
she had video of it.
406
00:20:14,133 --> 00:20:16,200
- [Judy] Just a second.
- Oh, gosh.
407
00:20:16,266 --> 00:20:18,433
I don't think you understand
the court process.
408
00:20:18,500 --> 00:20:21,233
So, I'm now gonna tell you,
I dismissed your case
409
00:20:21,300 --> 00:20:23,400
and I'm getting very close to
dismissing hers.
410
00:20:23,467 --> 00:20:27,200
I'm dismissing those parts of her
complaint which allege property damage
411
00:20:27,266 --> 00:20:30,867
because she has no witnesses that
you in fact committed property damage.
412
00:20:30,934 --> 00:20:35,100
There's no reason for you to continue
looking up papers, your case is dismissed.
413
00:20:35,166 --> 00:20:37,600
- Do you understand?
- Yes, ma'am. It's about her case.
414
00:20:37,667 --> 00:20:42,467
Now, the last part of this case has to do
with the Defendant's allegation
415
00:20:42,533 --> 00:20:46,333
that you in fact
defamed her organization.
416
00:20:46,400 --> 00:20:50,367
I'd like to see, in writing,
what you have to prove to me
417
00:20:50,433 --> 00:20:53,633
that the Plaintiff
defamed your organization.
418
00:20:53,700 --> 00:20:55,700
I want you to...
419
00:20:55,767 --> 00:20:59,033
I didn't ask you for anything.
Now it's her proof. Do you understand?
420
00:20:59,100 --> 00:21:03,166
What I'm telling you, Miss Horn,
is your behavior is a little off.
421
00:21:03,233 --> 00:21:04,567
I'm telling you.
422
00:21:04,633 --> 00:21:05,900
Because I was framed.
423
00:21:05,967 --> 00:21:10,333
Just a second. Your behavior is off.
And I've told you why.
424
00:21:10,400 --> 00:21:14,400
I've given you specific reasons why.
You had two parts of your complaint.
425
00:21:14,467 --> 00:21:16,600
One is for wages, which I dismissed,
426
00:21:16,667 --> 00:21:19,867
and the other one for calling you
a drug addict, which you could not prove.
427
00:21:19,934 --> 00:21:21,700
- No.
- [Judy] You're not hearing me.
428
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.
429
00:21:27,033 --> 00:21:30,867
Now, proof that she
defamed your organization.
430
00:21:30,934 --> 00:21:32,266
May I have it, Kevin?
431
00:21:33,633 --> 00:21:36,600
This is from her and her father.
And, um...
432
00:21:36,667 --> 00:21:39,700
Just a second. Her father isn't a party
to this action.
433
00:21:39,767 --> 00:21:42,133
Can I speak to the counterclaim
'cause I have proof?
434
00:21:42,200 --> 00:21:43,967
From her. Her texts.
435
00:21:44,033 --> 00:21:46,000
- How... [laughs]
- It's her texts.
436
00:21:46,066 --> 00:21:49,200
This is from him. I'm not interested
in anything from him.
437
00:21:49,266 --> 00:21:52,133
Sue him, if he said nasty things to you.
438
00:21:52,200 --> 00:21:56,333
Your Honor, it's just not nasty things.
Um, this all came about
439
00:21:56,400 --> 00:22:01,633
because of everything Sharna has done,
she doesn't realize is that...
440
00:22:01,700 --> 00:22:02,834
- Listen to me.
- [Kimberly] Yes.
441
00:22:02,900 --> 00:22:04,500
None of this comes from her.
442
00:22:04,567 --> 00:22:06,400
She's on it. Her name is on there.
443
00:22:06,467 --> 00:22:08,800
I don't care whether her name is on it,
none of this comes from her.
444
00:22:08,867 --> 00:22:10,266
They cc'd her.
445
00:22:10,333 --> 00:22:11,333
This is proof.
446
00:22:11,400 --> 00:22:13,834
Put everything away.
Put all your papers away.
447
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
448
00:22:17,300 --> 00:22:20,033
towards her counterclaim,
then I'll come back to you.
449
00:22:20,100 --> 00:22:23,834
Right now, your claim is dismissed.
Both counts of your claim is dismissed.
450
00:22:23,900 --> 00:22:28,233
I've dismissed her claims for
shattered window and a broken lock.
451
00:22:28,300 --> 00:22:32,166
And these emails do not represent
any form of defamation.
452
00:22:32,233 --> 00:22:36,033
If you have nothing else,
your claim for defamation is dismissed.
453
00:22:36,100 --> 00:22:39,033
Do you have anything else?
The answer is yes or no.
454
00:22:39,100 --> 00:22:40,500
- No, Your Honor.
- [Judy] No.
455
00:22:40,567 --> 00:22:42,133
We're done. Thank you, bye.
456
00:22:42,200 --> 00:22:44,600
- [bailiff] This court is adjourned.
- Thank you.
457
00:22:45,767 --> 00:22:48,633
Our facility and myself
have done nothing wrong.
458
00:22:48,700 --> 00:22:50,500
I think I got flustered, which is fair.
459
00:22:50,567 --> 00:22:55,533
We're doing everything according to
the Arizona State Board and laws.
460
00:22:57,333 --> 00:23:00,700
- I actually thought that they paid her.
- Mm-hmm.
461
00:23:00,767 --> 00:23:03,333
She complained that she
hadn't gotten her second paycheck.
462
00:23:03,400 --> 00:23:06,800
If you look at the documents,
the documents say that they went right in
463
00:23:06,867 --> 00:23:09,967
and bookkeeping corrected that and
sent her out the second paycheck,
464
00:23:10,033 --> 00:23:11,233
so that was nonsense.
465
00:23:11,300 --> 00:23:14,333
And there was absolutely zero proof
that they called her a drug addict.
466
00:23:14,400 --> 00:23:19,800
Except for in a valid document that they
filed, which they had the right to do.
467
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.
468
00:23:23,700 --> 00:23:25,133
Or anything like that.
469
00:23:25,200 --> 00:23:27,967
And certainly, the Defendant
didn't present any proof
470
00:23:28,033 --> 00:23:31,500
other than some nasty emails
back and forth by her father.
471
00:23:31,567 --> 00:23:33,567
Maybe he's just being a supportive parent.
472
00:23:33,633 --> 00:23:37,066
Anyway, I hope she finds a job
that's comfortable for her.
473
00:23:37,133 --> 00:23:38,800
And some peace.
474
00:23:40,433 --> 00:23:44,133
{\an8}[narrator] Want Justice?
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