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{\an8}- She worked for you as an esthetician?
- Yes.
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You can't open up a store next door
and steal the clients.
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It's a very intimate service.
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So, you start to gain, um,
a relationship with these clients.
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That's not an intimate relationship.
That's just stealing clients.
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This is Judy Justice.
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{\an8}Angela Landy is suing
her former employee, Aleshanee Wyatt,
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for stealing clients and
breaching their employment agreement.
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Court, come to order, all rise.
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Have a seat, please.
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00:00:50,967 --> 00:00:53,767
{\an8}Hello, Judge.
Case #2112, Landy versus Wyatt.
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{\an8}- Thank you.
- You're welcome.
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Miss Wyatt,
when did you become an esthetician?
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I was licensed as an esthetician
in March of 2021.
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Okay, Miss Landy,
this is what your case is about.
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You hired Miss Wyatt for your business.
You have a spa business.
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- Is that what it is?
- Yes, Your Honor.
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{\an8}How long have you had the business?
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{\an8}I've been in operations
as an S Corp. since 2016.
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I worked for myself
as a sole proprietor since 2009.
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How many employees did you have
in 2020 and 2021?
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In 2020, it was during the pandemic.
We were shut down most of the time.
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In 2021, there was up to five employees.
Not including myself, Your Honor.
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It was six of us, total.
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- Does that include Miss Wyatt?
- It does, your Honor.
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When did she start working for you?
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She started working for me
in February of 2021 as a receptionist.
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I hired her as a receptionist.
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- Okay, not an esthetician?
- No, Your Honor.
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Okay, were you going to school
at the time?
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{\an8}I was not hired in February.
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{\an8}I didn't get my license
until March of 2021.
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What the Plaintiff says
is you were hired in February,
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she probably has documents,
to work as a receptionist?
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I was not hired...
I didn't even have my license then.
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Did you have any proof
that she started in February?
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Your Honor, I have proof that she...
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- Was she on your payroll?
- She was on my payroll.
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- Okay, so that should be...
- What we have document of in that
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is that she started brand new
as a receptionist.
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- Maybe it was in March of '21.
- Okay.
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- I have my first paycheck stub.
- I'd like to see it.
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- This is a pay stub from April?
- [Aleshanee] Yes.
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{\an8}Oh, okay.
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Okay. This is your claim.
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{\an8}Your claim is that
when Miss Wyatt came to work for you
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subsequently as an esthetician,
which she was,
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because she... You counted her
among your six employees in 2021,
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that she had signed a contract
which provided for certain restrictions
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should she leave.
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You don't have that contract?
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I cannot find it.
It was supposed to...
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- You don't have that contract.
- No.
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Miss Wyatt,
when you went to work for the Plaintiff,
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do you recall signing a document?
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{\an8}I do recall signing documents stating,
like, what my job title was.
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And, like, the documents
that would go towards what we went over
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and things like that
for training purposes.
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- Okay.
- Your Honor, I have non solicitation,
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non-disclosure agreement documents
of employees.
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- There's four of them...
- Okay, is this an employee of yours?
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No, it is not, Your Honor.
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- Ever, was ever?
- Never been an employee.
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Were either one of those two people
employees, former employees.
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00:03:37,633 --> 00:03:38,834
Yes, Tabitha Brown was.
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- Was this a former employee of yours?
- Tabitha Brown was a former employee.
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At approximately the same time?
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She was an employee of mine
for five years
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up until April 17th, Your Honor.
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Did she voluntarily leave or did you...
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She voluntarily left.
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{\an8}Okay, did she voluntarily leave
to go to work with the Defendant?
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I did not know that
until the Defendant left.
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But ultimately determined
that she did.
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- Sure did.
- Okay.
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00:04:03,400 --> 00:04:06,266
- She was with you for five years?
- Yes.
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I assume that if you have a
business and you don't have this contract,
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which you allege, if you could produce,
had a specific non-compete clause in it,
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but you don't have it.
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She remembers signing something,
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but she doesn't remember
exactly what it was.
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Can you stand up?
Tell me your name.
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Tabitha Brown.
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Miss Brown, did you sign a contract
when you went to work for the Plaintiff?
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00:04:29,033 --> 00:04:30,934
{\an8}- Yes, I didn't remember that I did.
- You did?
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00:04:31,000 --> 00:04:32,633
{\an8}- Yes. Yes.
- But you did?
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00:04:32,700 --> 00:04:34,934
Okay. Do you have a copy of her...
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I sure do.
And Your Honor...
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- Just a second.
- Okay.
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00:04:37,900 --> 00:04:40,433
- Do you have a copy of it?
- I don't.
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00:04:40,500 --> 00:04:42,433
But you have a copy of what she signed?
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- Yes.
- I'd like to see it.
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- Your Honor, if I may say...
- No-no-no. No.
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Just let me see the copy.
I'm trying to reconstruct something
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just to get some general parameters
of this case.
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Tabitha Brown, March 22nd, 2022?
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00:05:03,800 --> 00:05:06,100
- Yes. Oh.
- Different.
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00:05:06,166 --> 00:05:08,667
That is not the non-solicitation
non-disclosure agreement.
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00:05:08,734 --> 00:05:11,900
That's a different agreement.
Those are contracts she has signed.
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Oh, well, you gave me two things.
What is this?
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One is her non-disclosure,
non-solicitation.
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And also the second one
is the role definition
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of an esthetician working for me.
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Looking at the non compete.
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Okay, this is pretty standard.
Kevin, would you show this to Miss Brown?
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And I also want you to show it
to Miss Wyatt.
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- That clearly your signature?
- Yes, ma'am.
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Yes, and so that says,
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within one year of your leaving,
Miss Landy's employment,
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you will not work in a related field
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within seven miles
from her current place of business.
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{\an8}Yes.
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{\an8}When you left her employment,
did you go to work with Miss Wyatt?
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We left after... Yes.
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- The answer is either yes or no.
- Yes.
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- So you did?
- Yes.
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You went to work with Miss Wyatt?
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And when you went with Miss Wyatt,
that was sometime in 2022?
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Yes, ma'am.
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What month?
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May of 2022.
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Your Honor, that's incorrect.
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Shh.
I'm not needing your help.
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Okay.
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In this case,
you don't have a physical signed contract.
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So I don't see why you think
that you have all documentation.
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I don't have documentation.
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That's what I'm saying.
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Due to the fact that I believe
she stole the information
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out of my filing cabinet.
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{\an8}Angela Landy,
claims her former employee,
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{\an8}Aleshanee Wyatt, stole clients
and breached their employment agreement.
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Now, does Miss Wyatt have a location,
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a shop, a store, a place of business
or does she operate out of her residence?
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We share a space.
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You share a space where?
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At a salon studios in Valencia.
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Have you calculated the distance between
that space and Miss Landy's office?
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I have, ma'am.
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{\an8}- And how far is it?
- 3.4 miles.
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{\an8}Well, you're not allowed to do that
pursuant to the terms of your agreement.
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Correct, I don't have a copy
of that agreement, ma'am.
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- Well, I'm...
- I have now, but at the time I didn't.
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It's from five years ago,
and I never received a copy of that.
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So, it was...
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I don't know whether
you received a copy or not.
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It's your signature
and it's pretty standard fair.
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00:07:38,734 --> 00:07:41,100
It's not that it's not standard fair.
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So, Miss Wyatt,
what I have to do is sort of
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put together whether or not
I believe that you, in fact,
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- had the same document that you signed.
- Correct.
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And I believe that you did,
by the fact she says,
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that you probably took it when you left.
I can't describe that conduct to her,
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but this is pretty standard fair
that within one year it's not too onerous.
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It's not within a 50 mile radius.
It's a seven mile radius.
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Three and a half miles
is certainly well within that.
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You could have found some place
that was eight miles away.
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And then we wouldn't be
in this difficulty, but you didn't.
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Anyway, so you were
in violation of your contract
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when you left and went to work
and share space with Miss Wyatt.
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Okay, but you're not suing her?
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00:08:23,100 --> 00:08:24,767
- No, ma'am.
- Why?
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Because I know the case would be dismissed
because of the lack of solicitation
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between clients and of a former employee.
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Well, not necessarily,
those two stand alone.
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Your Honor, if I may say,
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00:08:35,033 --> 00:08:37,967
there was a small claims action
against Tabitha,
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but because there was no evidence...
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{\an8}- What do you mean, there was no evidence?
- I had no evidence,
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{\an8}the way I have evidence today
with Aleshanee,
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that Tabitha solicited clientele.
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- Okay, now you can sit down.
- Thank you.
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So, that small claims case was dismissed?
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00:08:52,800 --> 00:08:55,967
Yeah, there's...
I have nothing there, which I learned.
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I have nothing to stand on,
the way, what I have to stand on today.
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Well, what you had to stand on misled you,
which I don't understand.
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You had a non-compete agreement with her.
She's in violation of that agreement.
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That's all you need.
And she violated this agreement.
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- She went to work within seven miles...
- That is correct, Your Honor.
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00:09:13,734 --> 00:09:14,867
of your place of business.
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00:09:14,934 --> 00:09:16,600
So, I don't understand that.
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00:09:16,667 --> 00:09:21,967
In this case,
you don't have a physical signed contract.
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00:09:22,033 --> 00:09:25,934
I have to reconstruct whether
I believe that there was one.
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00:09:26,033 --> 00:09:29,467
So, I don't see why you think
that you have all documentation.
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I don't have documentation because...
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That's what I'm saying.
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Due to the fact that I believe
she stole the information
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00:09:35,266 --> 00:09:36,734
out of my filing cabinet.
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00:09:36,800 --> 00:09:38,433
I don't know whether she did or not.
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00:09:38,500 --> 00:09:41,300
Right now, you say it's a lost document,
you can't find it.
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00:09:41,367 --> 00:09:42,500
- Correct.
- Okay.
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00:09:42,600 --> 00:09:44,633
And the defendant acknowledges,
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00:09:44,700 --> 00:09:47,433
and it's usually custom and practice
in the business
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00:09:47,500 --> 00:09:50,867
to sign a non-compete when you have
that kind of service industry.
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00:09:50,934 --> 00:09:54,233
And I'm prepared to accept
judicial notice of the fact
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00:09:54,300 --> 00:09:56,633
that when you go to work
for a beauty salon
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00:09:56,700 --> 00:09:58,433
or a hair salon or a spa,
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00:09:58,500 --> 00:10:02,934
you develop a clientele within the spa,
you can't open up a store next door.
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00:10:03,000 --> 00:10:04,600
and steal the clients.
200
00:10:04,667 --> 00:10:06,734
Most people have people sign this,
and you did,
201
00:10:06,800 --> 00:10:08,734
And you had it done five years ago.
202
00:10:08,800 --> 00:10:11,934
So, Miss Brown is in violation
of this contract.
203
00:10:12,000 --> 00:10:12,934
That is correct.
204
00:10:13,000 --> 00:10:16,200
Why somebody dismissed that,
I don't know, I have no idea.
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00:10:16,266 --> 00:10:19,667
Okay. So, now
you're going to demonstrate to me
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00:10:19,734 --> 00:10:23,233
that Miss Wyatt solicited clients
of yours.
207
00:10:23,300 --> 00:10:24,433
- Yes.
- Show me.
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00:10:24,500 --> 00:10:29,500
In July of 2021, Aleshanee was trained
to be an esthetician.
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00:10:29,567 --> 00:10:32,600
Let's not go back to ground zero,
I'm not interested.
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00:10:32,667 --> 00:10:35,367
I am assuming,
for the purposes of this hearing,
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00:10:35,433 --> 00:10:39,800
that she signed a non-compete clause,
just as Miss Brown did.
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00:10:39,867 --> 00:10:43,367
So, let's start from there
and I asked you a very simple question.
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00:10:43,433 --> 00:10:48,333
I said, what proof do you have
that she solicited clients when she left?
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00:10:48,400 --> 00:10:51,734
Your Honor, my solicitation is here.
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00:10:51,800 --> 00:10:53,333
Fine, I'd like to take a look at it.
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00:10:53,400 --> 00:10:56,266
And my witness, Kennedy,
is here as well.
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00:10:56,333 --> 00:11:01,266
Well, let's go to Miss Kennedy.
Was Miss Kennedy a client of yours?
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00:11:01,333 --> 00:11:02,467
Yes, your Honor.
219
00:11:02,533 --> 00:11:03,867
Would you stand up, please?
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00:11:05,400 --> 00:11:06,367
Your first name?
221
00:11:06,433 --> 00:11:08,467
Kennedy. Kennedy.
222
00:11:08,533 --> 00:11:09,967
- Last name?
- Johnson.
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00:11:10,033 --> 00:11:15,333
Miss Johnson, how long had you been client
of Miss Landy's spa?
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00:11:15,400 --> 00:11:19,066
{\an8}I want to say about 2019, Your Honor.
I was there before the pandemic
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00:11:19,133 --> 00:11:22,266
{\an8}and was there for a while,
before it shut down due to COVID.
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00:11:22,333 --> 00:11:24,967
Were you there
after it reopened after COVID?
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00:11:25,033 --> 00:11:26,834
What kind of work do you have done there?
228
00:11:26,900 --> 00:11:30,967
I get sugared, which is using sugar lemon,
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00:11:31,033 --> 00:11:33,700
- and I believe it's honey and...
- Water.
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00:11:33,767 --> 00:11:34,633
Water
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00:11:34,700 --> 00:11:37,633
And you mix it together
and it takes hair off of you.
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00:11:37,700 --> 00:11:39,100
And who did that for you?
233
00:11:39,166 --> 00:11:41,567
I went through many of the clientele
and the employees
234
00:11:41,633 --> 00:11:43,233
at Angela's shop at the time.
235
00:11:43,300 --> 00:11:46,266
So, there were several people,
Aleshanee was one of them,
236
00:11:46,333 --> 00:11:47,600
as well as Tabitha.
237
00:11:47,667 --> 00:11:50,967
How many times did the Defendant
do the waxing?
238
00:11:51,033 --> 00:11:52,533
- Sugaring.
- Sugaring.
239
00:11:52,600 --> 00:11:55,700
I want to say at least five times.
240
00:11:55,767 --> 00:11:57,834
Do you recall when she left Miss Landy's?
241
00:11:57,900 --> 00:11:59,500
I do not remember the date.
242
00:11:59,567 --> 00:12:02,834
However, I do remember getting a call
from her company.
243
00:12:02,900 --> 00:12:04,533
I got a call saying...
244
00:12:04,600 --> 00:12:06,467
From Miss Landry's company?
245
00:12:06,533 --> 00:12:08,200
- Yes.
- Your Honor, it's Landy.
246
00:12:08,266 --> 00:12:10,433
- Landy?
- Yes, from Miss Landy's company.
247
00:12:10,500 --> 00:12:13,934
They had called me on my cell phone
and told me that she was no longer there.
248
00:12:14,000 --> 00:12:18,133
You can't tell me what somebody
from her shop told you, that's hearsay.
249
00:12:18,200 --> 00:12:21,367
I want to know about the solicitation,
if there was.
250
00:12:21,433 --> 00:12:25,166
Yes, so at one point,
while the Defendant was there.
251
00:12:25,233 --> 00:12:26,467
- Don't...
- Sorry.
252
00:12:26,533 --> 00:12:27,967
- Do you understand?
- Yes.
253
00:12:28,033 --> 00:12:31,400
While the Defendant was there,
I had gotten sugared on my face.
254
00:12:31,467 --> 00:12:34,233
{\an8}It was a small patch text, or test,
excuse me.
255
00:12:34,300 --> 00:12:37,333
{\an8}And after she had texted me,
gave me her personal number,
256
00:12:37,400 --> 00:12:40,467
and told me if I had any reaction
to text her and let her know.
257
00:12:40,533 --> 00:12:41,900
After I texted her, I had...
258
00:12:41,967 --> 00:12:44,433
And this was while
she was working for the Plaintiff?
259
00:12:44,500 --> 00:12:45,834
- Yes, that is correct.
- Go ahead.
260
00:12:45,900 --> 00:12:48,500
And as well, I started having
a small reaction
261
00:12:48,567 --> 00:12:51,066
and I had texted her
and sent her a picture of my face
262
00:12:51,133 --> 00:12:53,700
and told her that I was starting
to have a small reaction.
263
00:12:53,767 --> 00:12:55,900
I did not receive anything back
for a little bit.
264
00:12:55,967 --> 00:12:58,734
And then, I want to say around
April, late March...
265
00:12:58,800 --> 00:13:00,467
Well, when did you text her?
266
00:13:00,533 --> 00:13:03,200
- On this text for the face patch?
- Yes.
267
00:13:03,266 --> 00:13:06,734
Was earlier, I want to say early March,
maybe February.
268
00:13:06,800 --> 00:13:08,033
Do you have the text?
269
00:13:08,100 --> 00:13:11,100
- I believe she gave it to you.
- The third one, Your Honor.
270
00:13:17,800 --> 00:13:21,100
What date did Miss Wyatt
leave your employ?
271
00:13:21,166 --> 00:13:24,266
April 22nd,
is when I got her immediate resignation.
272
00:13:24,333 --> 00:13:27,667
- April 22nd, 20...
- Twenty-two.
273
00:13:27,734 --> 00:13:31,066
And is this what you're referring to?
"Hey, Kennedy, I forgot to tell you,
274
00:13:31,133 --> 00:13:34,600
if you wanted to book with me again,
I could put you in my books.
275
00:13:34,667 --> 00:13:36,967
- I'll be in Valencia"?
- That's correct.
276
00:13:37,033 --> 00:13:39,166
And is Valencia where your shop is?
277
00:13:39,233 --> 00:13:42,367
- Three point two miles away, Your Honor.
- No, the answer my question.
278
00:13:42,433 --> 00:13:45,767
I have a question.
Is Valencia where your shop is?
279
00:13:45,834 --> 00:13:47,467
- No.
- That's my question.
280
00:13:48,333 --> 00:13:50,700
- Why don't you just answer my question.
- Okay.
281
00:13:52,633 --> 00:13:56,567
Tell me what she told your attorney.
Do you understand?
282
00:13:56,633 --> 00:13:58,033
Even if I have an affidavit?
283
00:13:58,100 --> 00:13:59,900
Is your attorney in the military?
284
00:13:59,967 --> 00:14:02,066
No, I just have a notarized affidavit.
285
00:14:02,133 --> 00:14:03,934
- From whom? From her?
- My attorney.
286
00:14:04,000 --> 00:14:06,200
No, I don't take affidavits
from attorneys.
287
00:14:06,266 --> 00:14:07,633
- Okay.
- It's ridiculous.
288
00:14:18,800 --> 00:14:23,300
{\an8}Business owner Angela Landy
has accused her former employee,
289
00:14:23,367 --> 00:14:28,100
{\an8}Aleshanee Wyatt, of taking her clients
and breaking their agreement.
290
00:14:28,166 --> 00:14:30,700
So, Valencia is not where your shop is.
291
00:14:30,767 --> 00:14:33,100
Valencia is where
your place of business is.
292
00:14:33,166 --> 00:14:34,600
- Yes, Your Honor.
- Okay.
293
00:14:34,667 --> 00:14:37,000
So, you left on the 22nd,
is that correct?
294
00:14:37,066 --> 00:14:38,100
That's correct.
295
00:14:38,166 --> 00:14:41,500
On the 20th, two days before,
you tell Miss Kennedy,
296
00:14:41,600 --> 00:14:44,600
'cause I assume that this
was a planned move of yours,
297
00:14:44,667 --> 00:14:48,967
that she could reach you again
at your new place of business in Valencia?
298
00:14:49,033 --> 00:14:49,934
Yes, Your Honor.
299
00:14:50,000 --> 00:14:52,200
Okay. Well, you're not allowed to do that.
300
00:14:52,266 --> 00:14:55,533
{\an8}Um, during the services,
it's a very intimate service.
301
00:14:55,600 --> 00:14:59,467
{\an8}So, you start to gain a relationship
with these clients.
302
00:14:59,533 --> 00:15:03,133
And through that time,
I felt like I had gained a relationship.
303
00:15:03,200 --> 00:15:05,633
It wasn't just a client with Kennedy.
304
00:15:05,700 --> 00:15:07,066
- So, I...
- You met her...
305
00:15:07,133 --> 00:15:08,700
- Yes.
- ...through the Plaintiff?
306
00:15:08,767 --> 00:15:11,133
- Yes, Your Honor.
- You started to work on her
307
00:15:11,200 --> 00:15:12,934
- through the Plaintiff?
- Yes, Your Honor.
308
00:15:13,000 --> 00:15:16,000
She had other people work on her
other than you.
309
00:15:16,066 --> 00:15:17,867
- Yes.
- She may have liked you
310
00:15:17,934 --> 00:15:19,533
better than the other people.
311
00:15:19,600 --> 00:15:21,967
That doesn't diminish the fact
that you knew
312
00:15:22,033 --> 00:15:26,767
that you weren't supposed
to solicit clients. You knew that.
313
00:15:26,834 --> 00:15:28,567
- I believe that you knew that.
- Yes.
314
00:15:28,633 --> 00:15:31,133
Because that's standard fair.
So your excuse is,
315
00:15:31,200 --> 00:15:34,266
you thought you developed
a personal relationship with her?
316
00:15:34,333 --> 00:15:35,967
- Correct, Your Honor.
- How many other people
317
00:15:36,033 --> 00:15:38,300
did you develop
a personal relationship with?
318
00:15:38,367 --> 00:15:41,834
Majority of the clients that I had
who were returning clients of mine,
319
00:15:41,900 --> 00:15:44,834
I felt like I had built
personal relationships with.
320
00:15:44,900 --> 00:15:47,233
If you're patching around
with somebody's face,
321
00:15:47,300 --> 00:15:48,567
or scrubbing their body
322
00:15:48,633 --> 00:15:53,867
or giving them a scrub to get hair off
on every part of the body,
323
00:15:53,934 --> 00:15:57,233
then you develop
an intimate relationship with somebody.
324
00:15:57,300 --> 00:15:59,400
- Now, your first name is Kennedy?
- Yes.
325
00:15:59,467 --> 00:16:01,967
Kennedy, did you ever go out to dinner
with Miss Wyatt?
326
00:16:02,066 --> 00:16:04,533
- No, I did not.
- She ever invite you to her house?
327
00:16:04,600 --> 00:16:05,633
No, she did not.
328
00:16:05,700 --> 00:16:07,867
Was the only time
you ever saw Miss Wyatt
329
00:16:07,934 --> 00:16:10,133
{\an8}- while you were having a service?
- That is correct.
330
00:16:10,200 --> 00:16:12,200
{\an8}You see,
that's not an intimate relationship.
331
00:16:12,266 --> 00:16:14,033
That's just stealing clients, Miss Wyatt.
332
00:16:14,100 --> 00:16:15,000
Okay.
333
00:16:15,066 --> 00:16:18,867
So, my question to you is,
you're seeking damages, okay?
334
00:16:18,934 --> 00:16:21,800
Did you seek injunctive relief?
335
00:16:21,867 --> 00:16:23,433
- No, Your Honor.
- Why not?
336
00:16:23,500 --> 00:16:25,333
I didn't know about injunctive relief.
337
00:16:25,400 --> 00:16:28,200
In addition,
because of the staff leaving,
338
00:16:28,266 --> 00:16:31,700
because it's solicitation,
of admitted solicitation
339
00:16:31,767 --> 00:16:35,367
by Aleshanee to my attorney
and I have a sworn affidavit for that.
340
00:16:35,433 --> 00:16:39,000
Because of that,
I ordered them a cease and desist,
341
00:16:39,066 --> 00:16:41,500
and they ignored the cease and desist.
342
00:16:41,567 --> 00:16:43,900
Aleshanee told my attorney
that she did not solicit...
343
00:16:43,967 --> 00:16:45,467
No, you can't...
344
00:16:45,533 --> 00:16:47,400
- Hearsay.
- You can't tell me
345
00:16:47,467 --> 00:16:49,533
what she told your attorney.
346
00:16:49,600 --> 00:16:52,133
- Do you understand?
- Even if I have an affidavit?
347
00:16:52,200 --> 00:16:54,000
Is your attorney in the military?
348
00:16:54,066 --> 00:16:56,800
- No, I just have a notarized affidavit.
- From whom? From her?
349
00:16:56,867 --> 00:16:57,734
My attorney.
350
00:16:57,800 --> 00:17:00,500
No, I don't take affidavits
from attorneys.
351
00:17:00,567 --> 00:17:02,033
- Okay.
- It's ridiculous.
352
00:17:02,100 --> 00:17:04,000
Are you still in operation, Miss Wyatt?
353
00:17:04,066 --> 00:17:05,233
Yes, Your Honor.
354
00:17:05,300 --> 00:17:08,300
How many people work for, with or to you?
355
00:17:08,367 --> 00:17:11,066
It's just me.
I have my own personal LLC.
356
00:17:11,133 --> 00:17:14,767
And she has her own personal LLC,
so none of our money is combined.
357
00:17:14,834 --> 00:17:17,734
Miss Wyatt, how many
of your former clients
358
00:17:17,800 --> 00:17:20,333
from Miss Landy's business followed you?
359
00:17:20,400 --> 00:17:23,767
I would say a good portion.
I don't have an exact number.
360
00:17:23,834 --> 00:17:25,333
- Yes.
- Here you go.
361
00:17:25,400 --> 00:17:27,500
- No, just tell me.
- I would say, at least...
362
00:17:27,567 --> 00:17:29,066
- No-no-no.
- No, I'm sorry.
363
00:17:29,133 --> 00:17:31,333
I don't want you to say,
"I would say, at least,"
364
00:17:31,400 --> 00:17:33,433
I assume you have names, people.
365
00:17:33,500 --> 00:17:35,433
I have names and people here, Your Honor.
366
00:17:35,500 --> 00:17:39,166
{\an8}How many of your clients
went to Miss Wyatt?
367
00:17:39,233 --> 00:17:40,367
{\an8}Twenty.
368
00:17:40,433 --> 00:17:44,033
{\an8}Not was solicited.
Follow me very carefully.
369
00:17:44,100 --> 00:17:49,300
Not solicited by her, but actually
left your business to go with her.
370
00:17:49,367 --> 00:17:51,200
Actually left my business to go with her.
371
00:17:51,266 --> 00:17:52,667
- Twenty?
- Yes, Your Honor.
372
00:17:52,734 --> 00:17:55,166
I'd like to see.
Does that sound right, Miss Wyatt?
373
00:17:55,233 --> 00:17:56,767
Yes, Your Honor.
374
00:17:56,834 --> 00:18:00,066
Then I don't have to see.
She says that that's about right.
375
00:18:00,133 --> 00:18:03,967
Your Honor, I would also like to add
that after I left,
376
00:18:04,033 --> 00:18:06,100
she did send out a mass text
377
00:18:06,166 --> 00:18:09,200
allowing all of the clients
who had ever seen me
378
00:18:09,266 --> 00:18:11,834
to be aware that I was no longer there.
379
00:18:11,900 --> 00:18:16,367
So, that also allowed more clients
to reach out to me in different aspects.
380
00:18:16,433 --> 00:18:19,533
- No, you made the mistake.
- Okay.
381
00:18:19,600 --> 00:18:22,166
You made the mistake
by opening up an office
382
00:18:22,233 --> 00:18:24,967
within a seven mile radius,
which you can't do.
383
00:18:25,033 --> 00:18:27,633
- Okay.
- You solicited her clients.
384
00:18:27,700 --> 00:18:31,333
I thought maybe just one or two,
but 20, that's a lot of clients.
385
00:18:31,400 --> 00:18:33,633
Twenty recurring clients
is a lot of clients.
386
00:18:33,700 --> 00:18:37,533
Miss Landy's request
in her small claims case
387
00:18:37,600 --> 00:18:40,800
is the maximum of the jurisdiction,
which is $10,000.
388
00:18:40,867 --> 00:18:43,667
And I think that she deserves
every penny of that.
389
00:18:43,734 --> 00:18:45,333
- Okay.
- 'Cause what you did was wrong
390
00:18:45,400 --> 00:18:47,000
and a breach of your contract with her.
391
00:18:47,066 --> 00:18:49,600
Judgment for the Plaintiff
in the amount of $10,000.
392
00:18:49,667 --> 00:18:51,000
- We're finished.
- Thank you.
393
00:18:51,066 --> 00:18:52,367
This court is adjourned.
394
00:18:52,433 --> 00:18:55,300
And I have to tell you something,
that's ongoing.
395
00:18:55,367 --> 00:18:57,133
- Okay.
- Just so that you're aware.
396
00:18:59,934 --> 00:19:02,700
{\an8}I felt like the work environment
was very unstable.
397
00:19:02,767 --> 00:19:05,533
{\an8}I have so many people to testify,
including employees,
398
00:19:05,600 --> 00:19:07,600
{\an8}that it's not a hostile work environment.
399
00:19:07,667 --> 00:19:10,600
{\an8}And, um, I was constantly anxious there.
400
00:19:10,667 --> 00:19:13,900
{\an8}I was doing so much
to improve the quality of the business
401
00:19:13,967 --> 00:19:16,066
{\an8}by changing policies and procedures.
402
00:19:16,133 --> 00:19:18,300
{\an8}I had to do what was best
for me and my family.
403
00:19:18,367 --> 00:19:19,500
{\an8}I'm a single mom, so.
404
00:19:19,567 --> 00:19:23,533
{\an8}Hiring a business coach,
working with an HR team.
405
00:19:23,600 --> 00:19:25,700
{\an8}Let the better business win, I guess.
406
00:19:25,767 --> 00:19:28,133
{\an8}The better business has won.
407
00:19:29,934 --> 00:19:33,467
I was a little bit confused, maybe
you can shed some light on it for me.
408
00:19:33,533 --> 00:19:36,867
Why the Plaintiff wouldn't sue
for injunctive relief.
409
00:19:36,934 --> 00:19:40,567
Because injunctive relief
is suing not so much for damages,
410
00:19:40,633 --> 00:19:42,667
but to get someone
to stop doing something.
411
00:19:42,734 --> 00:19:46,567
So, in this case, it seemed to me
that the proper ask, per se,
412
00:19:46,633 --> 00:19:49,600
would be injunctive relief
to stop the Defendant
413
00:19:49,667 --> 00:19:53,467
from operating her business
in violation of her contract.
414
00:19:53,533 --> 00:19:55,734
But she didn't do that.
She sued for damages instead.
415
00:19:55,800 --> 00:19:58,467
And I just think that this same problem
could keep happening.
416
00:19:58,533 --> 00:20:02,700
That I think it's a good lesson for people
to educate themselves or hire a lawyer
417
00:20:02,767 --> 00:20:04,834
to find the proper relief.
418
00:20:04,900 --> 00:20:07,433
Because what's to say
that this is going to stop today?
419
00:20:07,500 --> 00:20:09,567
I'm sure she'll keep seeing
the 20 clients.
420
00:20:09,633 --> 00:20:11,967
Well, she's going to keep seeing
the 20 clients.
421
00:20:12,033 --> 00:20:17,767
This judgment today was more compensatory
than punitive.
422
00:20:17,834 --> 00:20:21,433
Because if she had taken
one client with her,
423
00:20:21,500 --> 00:20:24,066
well, she's in violation of the contract
424
00:20:24,133 --> 00:20:27,233
and some token violation
would have been appropriate.
425
00:20:27,300 --> 00:20:29,800
But she took 20 clients with her.
426
00:20:29,867 --> 00:20:32,400
I got the feeling from you
that you weren't exactly in line
427
00:20:32,467 --> 00:20:36,967
with the $10,000 number
until you heard about 20 clients.
428
00:20:37,033 --> 00:20:39,367
- I mean, that's really...
- That's a whole business.
429
00:20:39,433 --> 00:20:42,233
...some sort of chutzpah to knowing.
430
00:20:42,300 --> 00:20:45,834
And I believe she absolutely knew.
She was smart cookie.
431
00:20:45,900 --> 00:20:48,166
Knowing that you have a non-compete
432
00:20:48,233 --> 00:20:51,066
because her friend,
who she also took with her,
433
00:20:51,133 --> 00:20:54,700
had the same documents signed in 2017.
434
00:20:54,767 --> 00:20:57,266
So, and she's clearly a businesswoman.
435
00:20:57,333 --> 00:21:00,100
So that would be
a consistent practice of hers.
436
00:21:00,166 --> 00:21:04,333
I don't know who took the contract
out of the file cabinet.
437
00:21:04,400 --> 00:21:06,934
It's for another day.
I reconstructed it.
438
00:21:07,000 --> 00:21:10,066
I actually don't know why she wouldn't sue
for injunctive relief
439
00:21:10,133 --> 00:21:11,767
as well as punitive damages.
440
00:21:11,834 --> 00:21:14,333
- It would have been an option for her.
- Yeah.
441
00:21:16,033 --> 00:21:19,500
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