You tested positive for serious drugs.
While under the influence of those drugs
you drove your children to the doctor's office
And that...
- I'm not finished yet. - Okay.
Why would you feel comfortable about leaving your own children
with your sister if you felt that she neglected her own children?
[Narrator] This is Judy Justice.
Lucinda Noble is suing her sister
Tiffany Acuna for rent and property damage.
[Bailiff] Court come to order.
All rise.
Have a seat please.
Case 2109, Noble versus Acuna.
- Thank you. - You're welcome.
[Judy] Ms. Noble, this is your sister?
Yes ma'am.
[Judy] Older or younger?
- Younger. - Any other siblings?
Many.
[Judy] How many?
I have five sisters and four brothers.
And you have kids. How many children do you have?
I have three daughters.
[Judy] How old are they?
18, 15 and almost 12.
[Judy] And you?
I have three children, and they are 10, five, and two.
There came a time when, that was in August of 2021.
According to your complaint, that you were having
some housing difficulties with your children.
No, that's not true.
Well, Ms. Noble, what led you to believe
that your sister was having
some housing difficulty?
Because you start your complaint by indicating
that she was about to become homeless.
Her house that she was living in was being put up for sale.
So the house that you had been renting?
Correct.
[Judy] For how long?
About two years. I'm not really sure. It was while...
It was being sold?
Well, I didn't know that until I gave her my notice,
after I'd previously asked my sister if we should move in.
So you approached her about you moving in with her?
Yes, correct.
- And do you own your own home, Ms. Noble? - I do.
[Judy] Where you were living,
you were living there alone with your three children?
- Yes. - Okay.
- And how much rent were you paying? - 750.
And when you decided to move in with your sister,
what rent was discussed?
Well, she had told me about 400 is what she wanted.
Okay, so she said the rent was $400 per month.
- And that was starting August 1st? - Right.
So this is what's part of this case is about, part of the case is about rent.
You lived with your sister from August 1st, 2021,
to a date in 2022 when you finally removed all of your property.
Kindof. I did not remove all of my property,
but I removed what she allowed me to--
[Judy] To remove. On what date?
I'm gonna say it was mid May. I'm not sure--
[Judy] May of 2022?
Mm-hmm.
So we have August, September, October, November, December,
January, February, March, April, May.
So between nine and 10 months.
For the nine or 10 months that you were there,
how many times did you pay her $400 in rent?
- Um... - She's gonna have a list.
- And I have a list too of our-- - And you have a list.
So why don't you take a look at it and gimme the exact number of months.
The time I paid her 400, it was, I think only one time.
And there was other times I paid her different amounts, but our agreement
was because I bought all the groceries, we just kept track on this app,
which has a list. I paid way over 400 in total.
- - - Well... - So our agreement had changed...
- Just a second. - Okay.
- You have an app 10 months? - Mm-hmm.
[Judy] How much did you spend on that app?
12,000 and something is right in here on the list.
Take a look, cause you're gonna show it to me.
I pay total $10,411.
Okay. And she?
She, total was 11,291.
And that was to cover groceries, food, gas money.
Her phone was under mine.
This is something that I'm going to have to simplify.
There came a time when there were issues with regard to you not paying
her $400 a month rent.
And you discussed it with her. Correct?
- And in what month was that? - April.
It was before April. It was before I had gone on vacation.
[Judy] What month and year?
December of 2021.
So what I'm reading, in December of 2021,
you had a dispute about how much you were spending,
how much you weren't spending,
and that $400 was not being forthcoming just for rent.
You see, I can understand that the two of you decided to split bills,
everything other than the $400 rent.
You each have three children. You've two adults.
Let's get to December.
Was it the beginning or middle of December
that you had this discussion about, just paying $400 a month?
- And we'll deal with it. - Maybe the middle.
Okay, so we have January, February, March, April,
and you moved out May?
Correct, I was kicked out illegally, yes.
[Judy] In May.
- Yep. - Left in May. So that's five months.
It was suggested by your landlord that just give me $400 a month
and we'll split groceries.
- In April. I have the proof of the text. - Just a second.
So we have January, February, March and April.
Four months.
Did you give her $400 a month for those four months?
No, but it was never discussed before then.
I have the proof that it was discussed in April.
- I'd like to see it. - Thank you.
- It was discussed in April again. - Okay. Just a second.
I just wanna see the proof, well, show me if you have proof
of an earlier conversation.
- I don't. - I believe
that there was an earlier conversation. Let me see the one that occurred in April.
It was mainly the receipts.
I'm not getting involved with that at all.
Right now, you had a place to live, your three children,
for much less than the $750 a month that you were paying at another residence.
Right. And I spent way more on groceries. I did all the grocery jobs.
Whatever! Your children didn't eat more.
Right, and my children didn't live there the full time.
[Judy] I don't care.
Okay, I'm sorry. Can I look on my phone?
Is that, it might be faster. Is that okay if I show you text?
I don't care where you show it to me just show it to me.
Thank you. Oh, I'm sorry.
Oh yeah, yeah. Apologies.
Okay. Apologies, sorry.
On April 24th.
And then you can scroll down 'cause she kind keeps for a couple days.
Oh, that wasn't an agreement, madam.
These were final acts of desperation to get you to pay $400 a month.
- Here. - That was the first time I'd heard.
Yeah, about her...
Oh, no, no, no, no, that wasn't the first time you heard about it.
- Right? - Because the first line is,
$400 better be under my door.
Right.
So that's not the first time you heard about it.
- Right. - That's an act of desperation.
Okay, so you had this conversation with her in December
and she was there until May.
And according to you, you only paid $400 once.
That's $2,000.
By the way, how are your children supported?
I work. Well, I work, yes.
Is that a full-time job or a part-time job?
It was part-time.
You don't support yourself and your three children with a part-time job.
Do you get any child support for them?
I do get child support for two of them, yes.
- For two of them? - Mm-hmm.
- How much child support do you receive? - 300.
- 300 a what? - A month.
Do you get any other assistance?
Yes. I have food stamps.
[Judy] Mm-hmm. Do you still have food stamps?
- Yes. - How much a month?
Four something. I'm not exactly sure.
And when you bought food for the household,
you used the food stamps as well as your other money
from your part-time job?
- Sometimes, yes. - Got it, $400.
So far you owe your sister $2,000. That's for back rent.
Now you wanna go through the damages that you alleged that your sister caused?
Yes. So I had two couches and those went away.
What do you mean both went away? What does that mean?
- She got rid of them. - While she was living there?
- Mm-hmm. - And you knew about it?
In what month?
It was when I came back from vacation, my things were gone.
I'm not following, you were supposed to be gone for two weeks according to her
No, I was gone for three and a half weeks.
[Judy] You were gone for almost a month. She was babysitting for your children.
They don't really need babysat. They're older.
Well, your 12 year old can't live
by herself without a mother for a month?
- No. - Okay.
And your 18 year old does what?
She works at a hotel.
So she works during the day or at night?
She didn't at the time. She was at 17 at the time.
You're not gonna leave a 17, a 14, and an 11 year old alone for a month.
- Of course not. - Okay.
[Judy] So they'd been home with your sister.
- Yes. - Let's get back to the initial question.
I forgot what my question was before I went off on this tangent.
- Couches. - The couches, yes.
- That's where we're at. - Yes.
- So you went away for a month? - Mm-hmm.
And when you came back, couches were gone.
Couches, like the whole house had transformed
into basically her house.
I don't care basically her house. I wanna know what was missing.
So the couches were missing.
Okay. Which couches? Couches from where?
So the couch from the living room,
it was a sectional in the couch from the basement.
Living room and basement, what happened to those couches?
Oh, they were gone a long time before, and I can prove a text of her saying...
They were gone before I even moved in actually in August.
She knew and her daughter and her boyfriend helped me load them up
and take him to the dump.
She in fact told me she was getting rid
of a lot of old furniture she did not care about.
- I have a picture... - Just a second, what you have is proof
that those two items were disposed of before she went away on vacation.
- Way before, before I moved in. - Okay.
Now Ms. Noble, your sister says that she has proof that those two couches
were disposed of well before you went away on vacation.
If she does, I'm not gonna be happy with you.
- Do you understand? - Mm-hmm.
Were those two couches gone before you went on vacation?
I can't recall, but I believe she wanted to make room for her furniture.
Uh, just a second. The ha-ha.
Were those two couches gone before you went on vacation for a month?
- I know the basement couch wasn't. - Okay.
I think you're full of baloney.
She started giving my niece video games, movies, my food storage containers.
- - - She was just giving my things away. - Okay.
I went to graduate school after I finished with high school for nine years.
I'm not dealing with Tupperware.
[Narrator] Lucinda Noble claims her sister Tiffany Acuna,
owes for rent and property damage.
Tiffany is counter suing for an illegal lockout and filing a false CPS report.
Okay, let's go.
"Property taken without permission."
What property did she take without your permission?
- Okay, so the... - So far she owes you for rent.
The TV stand, she broke it, and threw it under the trampoline.
- What's next? - The weed trimmer.
She took that, she started giving my niece my belongings while I was gone.
She started giving my niece video games, movies, my food storage containers.
- - - She was just giving my things away. - Okay.
She owes you for rent? I went to graduate school after I finished
with high school for nine years. I'm not dealing with Tupperware.
So far she owes you $2,000 for rent.
Okay. And then there was also the wall damage,
the windows, the lines.
Well, just a second. Just a second.
What wall damage and where?
The wall damage is from the room that she was staying in,
and the room that her boys were staying in.
May I see the damage that you're referring to?
Here's the one wall of that.
And then here's the blinds,
and this's those damages from her cat.
Well this, I can't see it all.
Okay. So that I can't see it all.
And if you're talking about nail holes, I'm not interested in nail holes,
where there were pictures cutting them up.
I don't know what this is a picture of. Tell me.
That's where her cat clawed up the carpet to get into her room.
- Did you replace the carpet? - Not yet.
Do you have an estimate for replacing or patching that carpet?
- - - They don't make that carpet anymore. - Okay.
How did these blinds get broken?
I'm not sure. Are those the ones that were in my bedroom
or the kids' bedroom? I really don't know to be honest.
But I do feel like I remember them being broken, but I just don't remember
if they were broken when I already moved in or not.
I really don't know, ma'am.
I mean, honestly, I knew they were broken. It's all like I'm remembering.
But the house, like I said, was not in a good condition when I moved in.
Okay, I'm not talking about the rest of the house.
- Right. - My daughter is actually,
Tiffany told her that she knew they were...
Shush. She doesn't remember
You tell me that these blinds were in good condition
before she and her family moved in.
- Yes. - She says she doesn't remember.
I have to rely on what you say to me, because that's not ordinary wear and tear.
- No. - Do you have a bill for new blinds?
From Lowe's...
I have the estimate of what it will cost to replace them.
Okay. I'd like to see it.
- You do have a cat? - Yes, I have one cat.
- [Judy] Okay. - She has multiple.
So we're talking about $47.98?
- Times two. - Okay.
Anything else? Any other...
[Lucinda] For two blinds.
- I only see one. - No, those are two different windows.
Oh, times two.
You're right. Anything else?
I have to remove the junk that she left at my house.
- I was not allowed at her house. - What else?
Okay, if you have to think that hard then we're finished.
We're moving over to the countersuit.
Counter claim is for an illegal lockout.
Okay, let me run through this illegal lockout and dispose of it quickly.
The illegal lockout that you are referring to happened when your sister,
who shouldn't have, took the door off your bedroom.
Correct?
[Judy] She says she took the door off your bedroom
because you weren't paying close enough attention to your children.
Right.
[Judy] And I assume she's talking about the two year old.
Correct.
And when she took the door off your bedroom, you called the police?
Right. Yep. I called the police.
- I have the incident report. - The office, yes, you called the police?
And the police came. And when the police came on.
- Do we have the date? - 26th of April.
The police arrived and they told her she couldn't lock the door,
and you were let in?
- Correct. - Okay.
So not egregious enough for me to have to deal with two sisters fighting.
But the other part of your claim is that your sister
filed a false CPS report
Right.
And first, how do you know a CPS report was called in?
Well, they called me, real quick...
[Judy] Child Protective Services.
Right, they did call me,
but first I actually had the phone call from my sister,
my witness, who is here right now, because she had pre-warned me,
because she had gotten the phone call from the sister
saying Lucy is going to call on you.
Okay. Do you wanna step up?
- Sure. - Tell me your name.
My name Stephanie Aslett. I'm the older sister of these two.
When did you have a conversation with Ms. Noble
about the defendant's children?
The same night that the cops were called.
Tiffany had called me because Lucy's daughter
had crawled through the window and opened the door.
- So you spoke to Lucinda? - Yes.
- On April 26th? - Yes.
- Did you call her or did she call you? - She had called me
because she wanted to let me know that the cops have been involved.
- Do you recall that conversation? - Yes, I do.
[Judy] Okay. Tell me about the conversation.
She called to let me know that she was letting me know
that since I was the only one probably capable or in this position
to take on a child if CPS was involved, because the two year old
would not be able to go to his father, he was in prison at the time.
And I was like, "why are you calling and tell me this?
Tiffany's a good mom, what's going on?"
And she goes, "No, she's not.
I've already called CPS and forewarned them that this is happening.
She needs to be taken care of."
What's happening?
Apparently there was lice on her daughter when she was at her father's house.
And the two year old, apparently he was running around with a wet diaper
Who was taken to their father's house?
The daughter that had the lice was, that was...
- - - The daughter was the five year old? - Yes.
- - - Okay, not the two year old? - Yeah.
She supposed had lice while she was at her dad's.
Went to her father's. And that was sometime in April,
is that correct?
- Yes. - And got head lice?
Well, he had told me, I wasn't for sure, but I let my sister know
just in case that "she may have lice, let's check the girls."
Okay. And your sister was home at the time?
Well, no, she was never home. Everything was over a text message.
Just a second. Was that when she was away?
- Um... - She was not staying at the house.
- Hmm? - She was not at the residence.
She was staying at her boyfriend's house that was there.
Lucinda was staying at her boyfriend's house?
- Yes. - Okay, and that's on 26th?
- Yes. - Is that after the police were called?
That was prior to, supposedly the lice was prior to,
and that's why she had called them prior to that night.
And she was letting me know that she had called them,
and that I needed to be prepared to take on a two year old.
What did you tell her?
I asked her why she would call them, what was going on.
And I said, "This is ridiculous, you know that this is ridiculous."
And she goes, "No, it's justified."
And I said, "I don't understand."
Did she tell you why?
Yeah, she tried to tell me that uh...
Well, tell me exactly what she said to you. Why is this...
She made the comment that "Tiffany hadn't been there."
Okay. You had to ask her why?
My words to her were, "How do you know this when you're never there?"
- And she said? - "I just know."
- And gave you no more specifics? - No.
Okay, do you wanna tell me about that conversation?
I never said I was calling CPS. I said someone will.
I know the person who did, it wasn't me.
[Judy] Okay. Well...
But I knew it was going to be happening.
Okay, Stephanie, let's get clear. Okay?
When you spoke to Lucinda and she said to you,
in effect "are you you prepared to take on a two-year-old."
Did she tell you that "someone" was calling CPS?
No, she did not.
She said that she would be the one calling and that she has already
contacted them because of the situation at her home.
Okay. Now, assuming you and your sister lived alone together,
whether you spent time with your boyfriend or not, you have those kids,
but you were away.
When you were away for that month. Were you staying with your boyfriend?
- Yes. - Okay.
And you left your kids alone, correct?
With my sister.
- With your sister? - Mm-hmm
Why would you feel comfortable about leaving your own children with your sister
if you felt that she neglected her own children?
They didn't need the amount of care that a two year old does.
Are you telling me that a 15 year old doesn't need a lot of care
and watching these days?
Or a 12 year old, or an 11 year old
doesn't need a lot of watching and supervising?
- Is that what you're suggesting to me? - Not as much as a two year old.
Well, one is a physical watching to make sure that it eats
and drinks and is bathed periodically.
The other two are far more difficult.
You gotta have eyes all over the place to watch a 15 year old and an 11 year old.
Gotta have your eyes on their computer. You have your eyes on their iPad.
You have to your eyes on their schooling,
on their homework, on their everything else.
You take a month to go off with your boyfriend.
That to me is not participating with your children.
Especially since you suggest that your sister with whom you left
your children was neglecting her own children.
Your Honor, I would just like to say that I was reaching out to her
a lot of the time too, where I would get, one week, there was nothing.
She said, "Sorry, I had no WiFi."
Her children were skipping school.
They were not listening to me. They would not do their chores.
Do I need you to reinforce what I just said?
Right, I'm...
I don't need you to reinforce what I just said.
You would had a history with methamphetamines.
You refuse to meet with case workers according to the report you gave me.
I have other reports too, if I may please.
- - - I'm not done. Just... - Thank you.
I'm not finished.
[Narrator] Lucinda Noble is accusing her sister,
Tiffany Acuna of refusing to pay for rent.
Tiffany claims Lucinda wrongfully reported her to Child Protective Services.
Now... You have something you wanna say?
Many things, actually.
Well, many things. I don't want many things.
What I want, stand up.
What I want to know is, you're her daughter?
Yes. [Judy] Your first name?
Anna Noble. [Judy] Anna, what do you do?
- I work front desk at a hotel. - Graduate from high school?
- No. - [Judy] Why?
I was pulled out and moved to Missouri.
[Judy] Pulled out by whom?
- By your mother? - Yeah.
And when your mother pulled you out, how old were you?
- 17. - Had you been going to school before?
- Yes. - [Judy] In what jurisdiction?
It was alternative school.
When you say an alternative school, what kind of an alternative school?
For troubled youth.
Tell me about your trouble.
Was it behavior trouble? 'Cause you seem...
It was many things. I was a very wild teenager.
I...
Until when were you a wild teenager?
Until I sent her to live with her dad.
I didn't ask you any questions. So now you can sit down.
- Okay. - I'm not going into anything else.
Lucinda, so far you went away for a month with your boyfriend.
Leaving your three children, who you say don't need supervision.
How long were you home before you took the door off her bedroom?
I got back from vacation in February, early February.
And the door was removed in April for a few hours.
Okay, do you have any proof other than this conversation
that the plaintiff called CPS?
I believe it is proved as the thing that was reported
is something she would only know. Would that be considered proof?
Well, let me hear what was reported.
It was reported, I would not treat my child with lice.
That was what the CPS report was.
And it was unsubstantiated, and I have that all proved, this--
Okay.
When your five year old went to her father,
she went to visit with her father, and children do get head lice.
It happens periodically.
Lots of children who go to school, who interact with other children,
come home and they get head lice.
Had a lot of children, a lot of grandchildren, and it happens.
And you usually treat it. I assume that her father did not treat it.
- Is that right? - Oh, he did treat it.
He told me immediately I have...
- [Judy] So he treated it? - Mm-hmm.
So how do you know that the head lice was the nature of the complaint?
- That's what was on the report. - May I see it.
Your children weren't removed, expect for your boy?
My one's son. Uh-huh, and then that lady called.
- And then returned? - All three of them.
- Oh yeah. - All three kids were taken.
- Now, sit. - Okay.
There you go, sir.
Okay, you had a prior history with Child Protective Services.
- Which I was unaware. - That's either a "yes" or a "no."
Yep. Yes.
And during the course of those prior proceedings,
which were relatively current, child protective proceedings,
because that was in 2021, you were clearly drug tested
by the Department of Social Services for Child Protective Services.
In 2018 or 19.
This was at my doctor's prior when I was, and they reported it that I had problem.
Okay, and at that time when you had an open case,
and you tested positive for serious drugs.
- Right. - Very serious drugs.
And this says that while under the influence of those drugs,
you drove your children to the doctor's office
while under the influence.
- Right. - That's the report.
- Right. - Okay.
These reports all seem to indicate that they tried and tried to see you,
but you kept canceling appointments with them and were a no-show.
- Well-- - Okay, that's what this report says.
- You gave me the report. - Right.
So let me understand this.
After coming in and making an assessment, Child Protective Services determined
to file a petition on behalf of your youngest child.
- Yes, they did. - Okay, yeah.
Well, after everything I read there,
I think that that was probably a good idea.
I don't know what happened with that. I assume that the petition
was ultimately dismissed if you have your children back with you.
- Do you have your children back with you? - Yeah, right away.
- As soon as I went to court that day. - That's okay.
They determined after they spoke to you.
And irrespective of either her motivation or anybody acting on her behalf
or somebody that she knew or her, called Child Protective Services.
The question that I'm presented with,
was there a basis for concern about your children?
No.
And based upon the reports that I've read here,
and those are reports that you gave me.
Right, I've--
That those serious questions about what was going on
with the young children in your house deserved a second look.
You would've had a history with methamphetamines.
You had a serious weight loss.
You refused to meet with case workers according to the report you gave me.
I have other reports too. If I may, please.
- Just that... - Thank you.
- I'm not finished. - Okay. Good, thank you.
Because if you've been in family court as I was for 25 years,
often incidents are called in of suspected child abuse and neglect.
A case worker goes out, takes a look, and says,
"you know, I'll continue to watch it, but I don't have to file a case.
It hasn't reached the level where I think that I should file a case
and remove a child."
In this case, Child Protective Services
came and tried to do an investigation,
which according to the worker, you evaded, you missed appointments,
you rescheduled, you didn't show up.
- One time. - And then, not one time.
They also had a history, a prior history of you involving drugs,
involving driving your children under the influence of drugs.
Recent history, didn't happen 20 years ago.
If it happened 2019, this is 21.
If it happened 2019 or 2020, that's still recent history.
So whoever called it was worth, according to this case worker.
They had sufficient information based upon what they saw
and what they knew to remove the two year old.
So that part of your case is dismissed,
which is the only part of the counterclaim that I was really entertaining.
You owe your sister $2096.
$2,000 for rent and $48 for,
I forget what it was, blinds.
- Thank you. We are done. - My property.
- This court is adjourned. - We are done!
I had drug tested every month during the time that this happened,
and it was like a oopsy, under my doctor's supervision.
I just helped her and helped her.
And she takes advantage and takes advantage.
You don't call CPS on your sister when you're the one
that took off to Africa for three weeks, four weeks.
And this whole thing wasn't about money. It just, I needed someone to tell her,
"Look, you can't take advantage of people anymore."
And she's still the outcast that everyone's upset with.
I'm not the outcast though, but I'm definitely
not helping her anymore.
So we've seen it a lot here, claims for unsubstantiated CPS reports
being filed and people seeking damages for that.
So I'm just wondering,
do you think there was a basis, is that why obviously you didn't rule
in her favor on the claim of the false CPS report?
So there must have been something in there that...
You know, when people use Child Protective Services as a retaliation
for other behavior, that's always abhorrent.
But there are some situations where CPS may be called,
because someone knows that there is an abuse or neglect.
And has not done it until the other person irritates them.
- Mm-hmm. - Well that's not a false CPS report.
Maybe motivated by something else, but that's not a false report.
And so in this case, the defendant had a history with CPS.
Current history with CPS that was relatively serious.
Well, then it was a good thing that CPS went.
- Yeah, 'cause that would be basis itself. - It's basis itself. Yeah.
- Basis itself. - That alone.
And just because she was cleared
at the end of the day, and has her children back now,
doesn't mean that it was an unsubstantiated claim.
Oh no, they're watching.
- Yeah. - They're watching.
And they should be watching. I don't think any of them are parkers.
The 18 year old daughter who was here,
who was "a troubled child," according to her.
And have never graduated from high school, although she's working.
Because her mother moved her around also a lot.
Was certainly an inadequate caretaker for the other two younger children.
She goes off for a month with her boyfriend.
It's amazing how some children just grow up by themselves.
Sometimes it works out okay.
I don't know, somehow I felt sorry for all of those kids
that they're not getting all the loving and nurturing that they should.
Hopefully, maybe after today she turns it around.
Maybe.
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