1 00:00:00,333 --> 00:00:03,266 {\an8}- She worked for you as an esthetician? - Yes. 2 00:00:03,333 --> 00:00:07,433 You can't open up a store next door and steal the clients. 3 00:00:08,734 --> 00:00:09,900 It's a very intimate service. 4 00:00:09,967 --> 00:00:14,266 So, you start to gain, um, a relationship with these clients. 5 00:00:14,333 --> 00:00:17,433 That's not an intimate relationship. That's just stealing clients. 6 00:00:17,500 --> 00:00:19,900 [narrator] This is Judy Justice. 7 00:00:19,967 --> 00:00:21,767 {\an8}[theme music playing] 8 00:00:37,033 --> 00:00:42,166 {\an8}[narrator] Angela Landy is suing her former employee, Aleshanee Wyatt, 9 00:00:42,233 --> 00:00:45,433 for stealing clients and breaching their employment agreement. 10 00:00:46,333 --> 00:00:48,367 [bailiff] Court, come to order, all rise. 11 00:00:48,433 --> 00:00:49,567 Have a seat, please. 12 00:00:50,967 --> 00:00:53,767 {\an8}Hello, Judge. Case #2112, Landy versus Wyatt. 13 00:00:53,834 --> 00:00:55,533 {\an8}- Thank you. - [bailiff] You're welcome. 14 00:00:55,600 --> 00:00:58,500 Miss Wyatt, when did you become an esthetician? 15 00:00:58,567 --> 00:01:02,867 I was licensed as an esthetician in March of 2021. 16 00:01:02,934 --> 00:01:05,367 Okay, Miss Landy, this is what your case is about. 17 00:01:05,433 --> 00:01:09,734 You hired Miss Wyatt for your business. You have a spa business. 18 00:01:09,800 --> 00:01:11,467 - Is that what it is? - Yes, Your Honor. 19 00:01:11,533 --> 00:01:13,133 {\an8}How long have you had the business? 20 00:01:13,200 --> 00:01:17,166 {\an8}I've been in operations as an S Corp. since 2016. 21 00:01:17,233 --> 00:01:20,266 I worked for myself as a sole proprietor since 2009. 22 00:01:20,333 --> 00:01:24,867 How many employees did you have in 2020 and 2021? 23 00:01:24,934 --> 00:01:28,200 In 2020, it was during the pandemic. We were shut down most of the time. 24 00:01:28,266 --> 00:01:33,800 In 2021, there was up to five employees. Not including myself, Your Honor. 25 00:01:33,867 --> 00:01:35,734 It was six of us, total. 26 00:01:35,800 --> 00:01:38,133 - Does that include Miss Wyatt? - [Angela] It does, your Honor. 27 00:01:38,200 --> 00:01:40,100 [Judy] When did she start working for you? 28 00:01:40,166 --> 00:01:43,767 She started working for me in February of 2021 as a receptionist. 29 00:01:43,834 --> 00:01:45,767 I hired her as a receptionist. 30 00:01:45,834 --> 00:01:48,800 - Okay, not an esthetician? - No, Your Honor. 31 00:01:48,867 --> 00:01:50,867 Okay, were you going to school at the time? 32 00:01:50,934 --> 00:01:52,700 {\an8}I was not hired in February. 33 00:01:52,767 --> 00:01:56,166 {\an8}I didn't get my license until March of 2021. 34 00:01:56,233 --> 00:01:59,000 What the Plaintiff says is you were hired in February, 35 00:01:59,066 --> 00:02:02,300 she probably has documents, to work as a receptionist? 36 00:02:02,367 --> 00:02:05,500 I was not hired... I didn't even have my license then. 37 00:02:05,567 --> 00:02:08,133 Did you have any proof that she started in February? 38 00:02:08,200 --> 00:02:11,600 Your Honor, I have proof that she... 39 00:02:11,667 --> 00:02:14,367 - [Judy] Was she on your payroll? - She was on my payroll. 40 00:02:14,433 --> 00:02:17,567 - Okay, so that should be... - What we have document of in that 41 00:02:17,633 --> 00:02:21,200 is that she started brand new as a receptionist. 42 00:02:21,266 --> 00:02:23,233 - Maybe it was in March of '21. - [Judy] Okay. 43 00:02:23,300 --> 00:02:26,066 - I have my first paycheck stub. - [Judy] I'd like to see it. 44 00:02:34,633 --> 00:02:37,667 - This is a pay stub from April? - [Aleshanee] Yes. 45 00:02:37,734 --> 00:02:38,800 {\an8}Oh, okay. 46 00:02:38,867 --> 00:02:40,567 {\an8}[Judy] Okay. This is your claim. 47 00:02:40,633 --> 00:02:44,200 {\an8}Your claim is that when Miss Wyatt came to work for you 48 00:02:44,266 --> 00:02:47,200 subsequently as an esthetician, which she was, 49 00:02:47,266 --> 00:02:51,033 because she... You counted her among your six employees in 2021, 50 00:02:51,100 --> 00:02:56,367 that she had signed a contract which provided for certain restrictions 51 00:02:56,433 --> 00:02:57,533 should she leave. 52 00:02:57,600 --> 00:02:58,967 You don't have that contract? 53 00:02:59,033 --> 00:03:00,834 I cannot find it. It was supposed to... 54 00:03:00,900 --> 00:03:03,100 - [Judy] You don't have that contract. - No. 55 00:03:03,166 --> 00:03:07,233 Miss Wyatt, when you went to work for the Plaintiff, 56 00:03:07,300 --> 00:03:11,166 do you recall signing a document? 57 00:03:11,233 --> 00:03:15,133 {\an8}I do recall signing documents stating, like, what my job title was. 58 00:03:15,200 --> 00:03:19,867 And, like, the documents that would go towards what we went over 59 00:03:19,934 --> 00:03:22,300 and things like that for training purposes. 60 00:03:22,367 --> 00:03:24,800 - Okay. - Your Honor, I have non solicitation, 61 00:03:24,867 --> 00:03:27,767 non-disclosure agreement documents of employees. 62 00:03:27,834 --> 00:03:30,467 - There's four of them... - Okay, is this an employee of yours? 63 00:03:30,533 --> 00:03:31,967 No, it is not, Your Honor. 64 00:03:32,033 --> 00:03:34,300 - Ever, was ever? - Never been an employee. 65 00:03:34,367 --> 00:03:37,567 Were either one of those two people employees, former employees. 66 00:03:37,633 --> 00:03:38,834 Yes, Tabitha Brown was. 67 00:03:38,900 --> 00:03:42,233 - Was this a former employee of yours? - Tabitha Brown was a former employee. 68 00:03:42,300 --> 00:03:44,400 [Judy] At approximately the same time? 69 00:03:44,467 --> 00:03:46,400 She was an employee of mine for five years 70 00:03:46,467 --> 00:03:48,734 up until April 17th, Your Honor. 71 00:03:48,800 --> 00:03:50,867 {\an8}[Judy] Did she voluntarily leave or did you... 72 00:03:50,934 --> 00:03:52,400 {\an8}[Angela] She voluntarily left. 73 00:03:52,467 --> 00:03:57,166 {\an8}Okay, did she voluntarily leave to go to work with the Defendant? 74 00:03:57,233 --> 00:03:59,567 I did not know that until the Defendant left. 75 00:03:59,633 --> 00:04:02,200 [Judy] But ultimately determined that she did. 76 00:04:02,266 --> 00:04:03,333 - Sure did. - [Judy] Okay. 77 00:04:03,400 --> 00:04:06,266 - She was with you for five years? - [Angela] Yes. 78 00:04:06,333 --> 00:04:10,166 [Judy] I assume that if you have a business and you don't have this contract, 79 00:04:10,233 --> 00:04:15,367 which you allege, if you could produce, had a specific non-compete clause in it, 80 00:04:15,433 --> 00:04:16,800 but you don't have it. 81 00:04:16,867 --> 00:04:18,767 She remembers signing something, 82 00:04:18,834 --> 00:04:21,567 but she doesn't remember exactly what it was. 83 00:04:21,633 --> 00:04:24,166 Can you stand up? Tell me your name. 84 00:04:24,233 --> 00:04:25,266 Tabitha Brown. 85 00:04:25,333 --> 00:04:28,967 Miss Brown, did you sign a contract when you went to work for the Plaintiff? 86 00:04:29,033 --> 00:04:30,934 {\an8}- Yes, I didn't remember that I did. - You did? 87 00:04:31,000 --> 00:04:32,633 {\an8}- Yes. Yes. - [Judy] But you did? 88 00:04:32,700 --> 00:04:34,934 {\an8}[Judy] Okay. Do you have a copy of her... 89 00:04:35,000 --> 00:04:36,400 I sure do. And Your Honor... 90 00:04:36,467 --> 00:04:37,834 - [Judy] Just a second. - Okay. 91 00:04:37,900 --> 00:04:40,433 - [Judy] Do you have a copy of it? - I don't. 92 00:04:40,500 --> 00:04:42,433 [Judy] But you have a copy of what she signed? 93 00:04:42,500 --> 00:04:44,200 - Yes. - I'd like to see it. 94 00:04:44,266 --> 00:04:46,700 - Your Honor, if I may say... - [Judy] No-no-no. No. 95 00:04:46,767 --> 00:04:50,100 Just let me see the copy. I'm trying to reconstruct something 96 00:04:50,166 --> 00:04:53,567 just to get some general parameters of this case. 97 00:04:59,734 --> 00:05:03,734 Tabitha Brown, March 22nd, 2022? 98 00:05:03,800 --> 00:05:06,100 - Yes. Oh. - [Angela] Different. 99 00:05:06,166 --> 00:05:08,667 That is not the non-solicitation non-disclosure agreement. 100 00:05:08,734 --> 00:05:11,900 That's a different agreement. Those are contracts she has signed. 101 00:05:11,967 --> 00:05:14,834 Oh, well, you gave me two things. What is this? 102 00:05:14,900 --> 00:05:17,200 One is her non-disclosure, non-solicitation. 103 00:05:17,266 --> 00:05:20,734 And also the second one is the role definition 104 00:05:20,800 --> 00:05:22,533 of an esthetician working for me. 105 00:05:22,600 --> 00:05:24,200 Looking at the non compete. 106 00:05:28,800 --> 00:05:34,000 Okay, this is pretty standard. Kevin, would you show this to Miss Brown? 107 00:05:34,867 --> 00:05:37,967 And I also want you to show it to Miss Wyatt. 108 00:05:40,266 --> 00:05:42,967 - That clearly your signature? - Yes, ma'am. 109 00:05:43,033 --> 00:05:44,900 Yes, and so that says, 110 00:05:44,967 --> 00:05:50,166 within one year of your leaving, Miss Landy's employment, 111 00:05:50,233 --> 00:05:53,233 you will not work in a related field 112 00:05:53,300 --> 00:05:56,767 within seven miles from her current place of business. 113 00:05:56,834 --> 00:05:57,700 {\an8}Yes. 114 00:05:57,767 --> 00:06:02,367 {\an8}When you left her employment, did you go to work with Miss Wyatt? 115 00:06:02,433 --> 00:06:04,400 [Tabitha] We left after... Yes. 116 00:06:04,467 --> 00:06:06,166 - [Judy] The answer is either yes or no. - Yes. 117 00:06:06,233 --> 00:06:07,266 - So you did? - Yes. 118 00:06:07,333 --> 00:06:08,934 You went to work with Miss Wyatt? 119 00:06:09,000 --> 00:06:14,133 And when you went with Miss Wyatt, that was sometime in 2022? 120 00:06:14,200 --> 00:06:15,133 [Tabiitha] Yes, ma'am. 121 00:06:15,200 --> 00:06:16,233 [Judy] What month? 122 00:06:16,300 --> 00:06:18,133 May of 2022. 123 00:06:18,200 --> 00:06:19,600 Your Honor, that's incorrect. 124 00:06:19,667 --> 00:06:21,300 [Judy] Shh. I'm not needing your help. 125 00:06:21,367 --> 00:06:22,233 Okay. 126 00:06:24,367 --> 00:06:28,500 In this case, you don't have a physical signed contract. 127 00:06:28,567 --> 00:06:32,066 So I don't see why you think that you have all documentation. 128 00:06:32,133 --> 00:06:34,033 I don't have documentation. 129 00:06:34,100 --> 00:06:35,500 That's what I'm saying. 130 00:06:35,567 --> 00:06:37,900 Due to the fact that I believe she stole the information 131 00:06:37,967 --> 00:06:39,333 out of my filing cabinet. 132 00:06:44,200 --> 00:06:46,033 {\an8}[theme music playing] 133 00:06:50,333 --> 00:06:53,967 {\an8}[narrator] Angela Landy, claims her former employee, 134 00:06:54,033 --> 00:06:58,600 {\an8}Aleshanee Wyatt, stole clients and breached their employment agreement. 135 00:06:58,667 --> 00:07:01,967 Now, does Miss Wyatt have a location, 136 00:07:02,033 --> 00:07:06,734 a shop, a store, a place of business or does she operate out of her residence? 137 00:07:06,800 --> 00:07:07,967 We share a space. 138 00:07:08,033 --> 00:07:09,300 You share a space where? 139 00:07:09,367 --> 00:07:11,667 At a salon studios in Valencia. 140 00:07:11,734 --> 00:07:17,200 Have you calculated the distance between that space and Miss Landy's office? 141 00:07:17,266 --> 00:07:18,200 I have, ma'am. 142 00:07:18,266 --> 00:07:20,467 {\an8}- And how far is it? - 3.4 miles. 143 00:07:20,533 --> 00:07:24,066 {\an8}Well, you're not allowed to do that pursuant to the terms of your agreement. 144 00:07:24,133 --> 00:07:27,100 Correct, I don't have a copy of that agreement, ma'am. 145 00:07:27,166 --> 00:07:30,200 - [Judy] Well, I'm... - I have now, but at the time I didn't. 146 00:07:30,266 --> 00:07:33,133 It's from five years ago, and I never received a copy of that. 147 00:07:33,200 --> 00:07:34,066 So, it was... 148 00:07:34,133 --> 00:07:36,066 I don't know whether you received a copy or not. 149 00:07:36,133 --> 00:07:38,667 It's your signature and it's pretty standard fair. 150 00:07:38,734 --> 00:07:41,100 It's not that it's not standard fair. 151 00:07:41,166 --> 00:07:43,934 So, Miss Wyatt, what I have to do is sort of 152 00:07:44,000 --> 00:07:47,600 put together whether or not I believe that you, in fact, 153 00:07:47,667 --> 00:07:51,233 - had the same document that you signed. - Correct. 154 00:07:51,300 --> 00:07:54,367 And I believe that you did, by the fact she says, 155 00:07:54,433 --> 00:07:58,400 that you probably took it when you left. I can't describe that conduct to her, 156 00:07:58,467 --> 00:08:02,700 but this is pretty standard fair that within one year it's not too onerous. 157 00:08:02,767 --> 00:08:06,633 It's not within a 50 mile radius. It's a seven mile radius. 158 00:08:06,700 --> 00:08:09,266 Three and a half miles is certainly well within that. 159 00:08:09,333 --> 00:08:11,700 You could have found some place that was eight miles away. 160 00:08:11,767 --> 00:08:14,867 And then we wouldn't be in this difficulty, but you didn't. 161 00:08:14,934 --> 00:08:17,967 Anyway, so you were in violation of your contract 162 00:08:18,033 --> 00:08:21,600 when you left and went to work and share space with Miss Wyatt. 163 00:08:21,667 --> 00:08:23,033 Okay, but you're not suing her? 164 00:08:23,100 --> 00:08:24,767 - No, ma'am. - Why? 165 00:08:24,834 --> 00:08:28,133 Because I know the case would be dismissed because of the lack of solicitation 166 00:08:28,200 --> 00:08:31,233 between clients and of a former employee. 167 00:08:31,300 --> 00:08:33,600 Well, not necessarily, those two stand alone. 168 00:08:33,667 --> 00:08:34,967 Your Honor, if I may say, 169 00:08:35,033 --> 00:08:37,967 there was a small claims action against Tabitha, 170 00:08:38,033 --> 00:08:40,100 but because there was no evidence... 171 00:08:40,166 --> 00:08:42,600 {\an8}- What do you mean, there was no evidence? - I had no evidence, 172 00:08:42,667 --> 00:08:45,133 {\an8}the way I have evidence today with Aleshanee, 173 00:08:45,200 --> 00:08:47,567 that Tabitha solicited clientele. 174 00:08:47,633 --> 00:08:49,633 - Okay, now you can sit down. - Thank you. 175 00:08:50,600 --> 00:08:52,734 So, that small claims case was dismissed? 176 00:08:52,800 --> 00:08:55,967 Yeah, there's... I have nothing there, which I learned. 177 00:08:56,033 --> 00:08:59,533 I have nothing to stand on, the way, what I have to stand on today. 178 00:08:59,600 --> 00:09:04,333 Well, what you had to stand on misled you, which I don't understand. 179 00:09:04,400 --> 00:09:08,700 You had a non-compete agreement with her. She's in violation of that agreement. 180 00:09:08,767 --> 00:09:11,066 That's all you need. And she violated this agreement. 181 00:09:11,133 --> 00:09:13,667 - She went to work within seven miles... - That is correct, Your Honor. 182 00:09:13,734 --> 00:09:14,867 of your place of business. 183 00:09:14,934 --> 00:09:16,600 So, I don't understand that. 184 00:09:16,667 --> 00:09:21,967 In this case, you don't have a physical signed contract. 185 00:09:22,033 --> 00:09:25,934 I have to reconstruct whether I believe that there was one. 186 00:09:26,033 --> 00:09:29,467 So, I don't see why you think that you have all documentation. 187 00:09:29,533 --> 00:09:31,367 I don't have documentation because... 188 00:09:31,433 --> 00:09:32,734 That's what I'm saying. 189 00:09:32,800 --> 00:09:35,200 Due to the fact that I believe she stole the information 190 00:09:35,266 --> 00:09:36,734 out of my filing cabinet. 191 00:09:36,800 --> 00:09:38,433 I don't know whether she did or not. 192 00:09:38,500 --> 00:09:41,300 Right now, you say it's a lost document, you can't find it. 193 00:09:41,367 --> 00:09:42,500 - Correct. - [Judy] Okay. 194 00:09:42,600 --> 00:09:44,633 And the defendant acknowledges, 195 00:09:44,700 --> 00:09:47,433 and it's usually custom and practice in the business 196 00:09:47,500 --> 00:09:50,867 to sign a non-compete when you have that kind of service industry. 197 00:09:50,934 --> 00:09:54,233 And I'm prepared to accept judicial notice of the fact 198 00:09:54,300 --> 00:09:56,633 that when you go to work for a beauty salon 199 00:09:56,700 --> 00:09:58,433 or a hair salon or a spa, 200 00:09:58,500 --> 00:10:02,934 you develop a clientele within the spa, you can't open up a store next door. 201 00:10:03,000 --> 00:10:04,600 and steal the clients. 202 00:10:04,667 --> 00:10:06,734 Most people have people sign this, and you did, 203 00:10:06,800 --> 00:10:08,734 And you had it done five years ago. 204 00:10:08,800 --> 00:10:11,934 So, Miss Brown is in violation of this contract. 205 00:10:12,000 --> 00:10:12,934 That is correct. 206 00:10:13,000 --> 00:10:16,200 Why somebody dismissed that, I don't know, I have no idea. 207 00:10:16,266 --> 00:10:19,667 Okay. So, now you're going to demonstrate to me 208 00:10:19,734 --> 00:10:23,233 that Miss Wyatt solicited clients of yours. 209 00:10:23,300 --> 00:10:24,433 - [Angela] Yes. - Show me. 210 00:10:24,500 --> 00:10:29,500 In July of 2021, Aleshanee was trained to be an esthetician. 211 00:10:29,567 --> 00:10:32,600 Let's not go back to ground zero, I'm not interested. 212 00:10:32,667 --> 00:10:35,367 I am assuming, for the purposes of this hearing, 213 00:10:35,433 --> 00:10:39,800 that she signed a non-compete clause, just as Miss Brown did. 214 00:10:39,867 --> 00:10:43,367 So, let's start from there and I asked you a very simple question. 215 00:10:43,433 --> 00:10:48,333 I said, what proof do you have that she solicited clients when she left? 216 00:10:48,400 --> 00:10:51,734 Your Honor, my solicitation is here. 217 00:10:51,800 --> 00:10:53,333 Fine, I'd like to take a look at it. 218 00:10:53,400 --> 00:10:56,266 And my witness, Kennedy, is here as well. 219 00:10:56,333 --> 00:11:01,266 Well, let's go to Miss Kennedy. Was Miss Kennedy a client of yours? 220 00:11:01,333 --> 00:11:02,467 Yes, your Honor. 221 00:11:02,533 --> 00:11:03,867 Would you stand up, please? 222 00:11:05,400 --> 00:11:06,367 Your first name? 223 00:11:06,433 --> 00:11:08,467 Kennedy. Kennedy. 224 00:11:08,533 --> 00:11:09,967 - [Judy] Last name? - Johnson. 225 00:11:10,033 --> 00:11:15,333 Miss Johnson, how long had you been client of Miss Landy's spa? 226 00:11:15,400 --> 00:11:19,066 {\an8}I want to say about 2019, Your Honor. I was there before the pandemic 227 00:11:19,133 --> 00:11:22,266 {\an8}and was there for a while, before it shut down due to COVID. 228 00:11:22,333 --> 00:11:24,967 [Judy] Were you there after it reopened after COVID? 229 00:11:25,033 --> 00:11:26,834 What kind of work do you have done there? 230 00:11:26,900 --> 00:11:30,967 I get sugared, which is using sugar lemon, 231 00:11:31,033 --> 00:11:33,700 - and I believe it's honey and... - Water. 232 00:11:33,767 --> 00:11:34,633 Water 233 00:11:34,700 --> 00:11:37,633 And you mix it together and it takes hair off of you. 234 00:11:37,700 --> 00:11:39,100 [Judy] And who did that for you? 235 00:11:39,166 --> 00:11:41,567 I went through many of the clientele and the employees 236 00:11:41,633 --> 00:11:43,233 at Angela's shop at the time. 237 00:11:43,300 --> 00:11:46,266 So, there were several people, Aleshanee was one of them, 238 00:11:46,333 --> 00:11:47,600 as well as Tabitha. 239 00:11:47,667 --> 00:11:50,967 How many times did the Defendant do the waxing? 240 00:11:51,033 --> 00:11:52,533 - Sugaring. - Sugaring. 241 00:11:52,600 --> 00:11:55,700 I want to say at least five times. 242 00:11:55,767 --> 00:11:57,834 [Judy] Do you recall when she left Miss Landy's? 243 00:11:57,900 --> 00:11:59,500 I do not remember the date. 244 00:11:59,567 --> 00:12:02,834 However, I do remember getting a call from her company. 245 00:12:02,900 --> 00:12:04,533 I got a call saying... 246 00:12:04,600 --> 00:12:06,467 [Judy] From Miss Landry's company? 247 00:12:06,533 --> 00:12:08,200 - Yes. - Your Honor, it's Landy. 248 00:12:08,266 --> 00:12:10,433 - Landy? - Yes, from Miss Landy's company. 249 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. 250 00:12:14,000 --> 00:12:18,133 [Judy] You can't tell me what somebody from her shop told you, that's hearsay. 251 00:12:18,200 --> 00:12:21,367 I want to know about the solicitation, if there was. 252 00:12:21,433 --> 00:12:25,166 Yes, so at one point, while the Defendant was there. 253 00:12:25,233 --> 00:12:26,467 - [Judy] Don't... - Sorry. 254 00:12:26,533 --> 00:12:27,967 - Do you understand? - [Angela] Yes. 255 00:12:28,033 --> 00:12:31,400 While the Defendant was there, I had gotten sugared on my face. 256 00:12:31,467 --> 00:12:34,233 {\an8}It was a small patch text, or test, excuse me. 257 00:12:34,300 --> 00:12:37,333 {\an8}And after she had texted me, gave me her personal number, 258 00:12:37,400 --> 00:12:40,467 and told me if I had any reaction to text her and let her know. 259 00:12:40,533 --> 00:12:41,900 After I texted her, I had... 260 00:12:41,967 --> 00:12:44,433 And this was while she was working for the Plaintiff? 261 00:12:44,500 --> 00:12:45,834 - Yes, that is correct. - Go ahead. 262 00:12:45,900 --> 00:12:48,500 And as well, I started having a small reaction 263 00:12:48,567 --> 00:12:51,066 and I had texted her and sent her a picture of my face 264 00:12:51,133 --> 00:12:53,700 and told her that I was starting to have a small reaction. 265 00:12:53,767 --> 00:12:55,900 I did not receive anything back for a little bit. 266 00:12:55,967 --> 00:12:58,734 And then, I want to say around April, late March... 267 00:12:58,800 --> 00:13:00,467 Well, when did you text her? 268 00:13:00,533 --> 00:13:03,200 - On this text for the face patch? - Yes. 269 00:13:03,266 --> 00:13:06,734 Was earlier, I want to say early March, maybe February. 270 00:13:06,800 --> 00:13:08,033 Do you have the text? 271 00:13:08,100 --> 00:13:11,100 - I believe she gave it to you. - The third one, Your Honor. 272 00:13:17,800 --> 00:13:21,100 What date did Miss Wyatt leave your employ? 273 00:13:21,166 --> 00:13:24,266 April 22nd, is when I got her immediate resignation. 274 00:13:24,333 --> 00:13:27,667 - April 22nd, 20... - [Angela] Twenty-two. 275 00:13:27,734 --> 00:13:31,066 And is this what you're referring to? "Hey, Kennedy, I forgot to tell you, 276 00:13:31,133 --> 00:13:34,600 if you wanted to book with me again, I could put you in my books. 277 00:13:34,667 --> 00:13:36,967 - I'll be in Valencia"? - That's correct. 278 00:13:37,033 --> 00:13:39,166 And is Valencia where your shop is? 279 00:13:39,233 --> 00:13:42,367 - Three point two miles away, Your Honor. - No, the answer my question. 280 00:13:42,433 --> 00:13:45,767 I have a question. Is Valencia where your shop is? 281 00:13:45,834 --> 00:13:47,467 - No. - [Judy] That's my question. 282 00:13:48,333 --> 00:13:50,700 - Why don't you just answer my question. - Okay. 283 00:13:52,633 --> 00:13:56,567 Tell me what she told your attorney. Do you understand? 284 00:13:56,633 --> 00:13:58,033 Even if I have an affidavit? 285 00:13:58,100 --> 00:13:59,900 Is your attorney in the military? 286 00:13:59,967 --> 00:14:02,066 No, I just have a notarized affidavit. 287 00:14:02,133 --> 00:14:03,934 - From whom? From her? - [Angela] My attorney. 288 00:14:04,000 --> 00:14:06,200 No, I don't take affidavits from attorneys. 289 00:14:06,266 --> 00:14:07,633 - Okay. - It's ridiculous. 290 00:14:12,133 --> 00:14:13,934 [theme music playing] 291 00:14:18,800 --> 00:14:23,300 {\an8}[narrator] Business owner Angela Landy has accused her former employee, 292 00:14:23,367 --> 00:14:28,100 {\an8}Aleshanee Wyatt, of taking her clients and breaking their agreement. 293 00:14:28,166 --> 00:14:30,700 So, Valencia is not where your shop is. 294 00:14:30,767 --> 00:14:33,100 Valencia is where your place of business is. 295 00:14:33,166 --> 00:14:34,600 - Yes, Your Honor. - [Judy] Okay. 296 00:14:34,667 --> 00:14:37,000 So, you left on the 22nd, is that correct? 297 00:14:37,066 --> 00:14:38,100 That's correct. 298 00:14:38,166 --> 00:14:41,500 On the 20th, two days before, you tell Miss Kennedy, 299 00:14:41,600 --> 00:14:44,600 'cause I assume that this was a planned move of yours, 300 00:14:44,667 --> 00:14:48,967 that she could reach you again at your new place of business in Valencia? 301 00:14:49,033 --> 00:14:49,934 Yes, Your Honor. 302 00:14:50,000 --> 00:14:52,200 Okay. Well, you're not allowed to do that. 303 00:14:52,266 --> 00:14:55,533 {\an8}Um, during the services, it's a very intimate service. 304 00:14:55,600 --> 00:14:59,467 {\an8}So, you start to gain a relationship with these clients. 305 00:14:59,533 --> 00:15:03,133 And through that time, I felt like I had gained a relationship. 306 00:15:03,200 --> 00:15:05,633 It wasn't just a client with Kennedy. 307 00:15:05,700 --> 00:15:07,066 - So, I... - [Judy] You met her... 308 00:15:07,133 --> 00:15:08,700 - Yes. - ...through the Plaintiff? 309 00:15:08,767 --> 00:15:11,133 - Yes, Your Honor. - You started to work on her 310 00:15:11,200 --> 00:15:12,934 - through the Plaintiff? - Yes, Your Honor. 311 00:15:13,000 --> 00:15:16,000 She had other people work on her other than you. 312 00:15:16,066 --> 00:15:17,867 - Yes. - She may have liked you 313 00:15:17,934 --> 00:15:19,533 better than the other people. 314 00:15:19,600 --> 00:15:21,967 That doesn't diminish the fact that you knew 315 00:15:22,033 --> 00:15:26,767 that you weren't supposed to solicit clients. You knew that. 316 00:15:26,834 --> 00:15:28,567 - I believe that you knew that. - Yes. 317 00:15:28,633 --> 00:15:31,133 Because that's standard fair. So your excuse is, 318 00:15:31,200 --> 00:15:34,266 you thought you developed a personal relationship with her? 319 00:15:34,333 --> 00:15:35,967 - Correct, Your Honor. - How many other people 320 00:15:36,033 --> 00:15:38,300 did you develop a personal relationship with? 321 00:15:38,367 --> 00:15:41,834 Majority of the clients that I had who were returning clients of mine, 322 00:15:41,900 --> 00:15:44,834 I felt like I had built personal relationships with. 323 00:15:44,900 --> 00:15:47,233 If you're patching around with somebody's face, 324 00:15:47,300 --> 00:15:48,567 or scrubbing their body 325 00:15:48,633 --> 00:15:53,867 or giving them a scrub to get hair off on every part of the body, 326 00:15:53,934 --> 00:15:57,233 then you develop an intimate relationship with somebody. 327 00:15:57,300 --> 00:15:59,400 - Now, your first name is Kennedy? - Yes. 328 00:15:59,467 --> 00:16:01,967 Kennedy, did you ever go out to dinner with Miss Wyatt? 329 00:16:02,066 --> 00:16:04,533 - No, I did not. - She ever invite you to her house? 330 00:16:04,600 --> 00:16:05,633 No, she did not. 331 00:16:05,700 --> 00:16:07,867 Was the only time you ever saw Miss Wyatt 332 00:16:07,934 --> 00:16:10,133 {\an8}- while you were having a service? - That is correct. 333 00:16:10,200 --> 00:16:12,200 {\an8}You see, that's not an intimate relationship. 334 00:16:12,266 --> 00:16:14,033 That's just stealing clients, Miss Wyatt. 335 00:16:14,100 --> 00:16:15,000 Okay. 336 00:16:15,066 --> 00:16:18,867 So, my question to you is, you're seeking damages, okay? 337 00:16:18,934 --> 00:16:21,800 Did you seek injunctive relief? 338 00:16:21,867 --> 00:16:23,433 - No, Your Honor. - Why not? 339 00:16:23,500 --> 00:16:25,333 I didn't know about injunctive relief. 340 00:16:25,400 --> 00:16:28,200 In addition, because of the staff leaving, 341 00:16:28,266 --> 00:16:31,700 because it's solicitation, of admitted solicitation 342 00:16:31,767 --> 00:16:35,367 by Aleshanee to my attorney and I have a sworn affidavit for that. 343 00:16:35,433 --> 00:16:39,000 Because of that, I ordered them a cease and desist, 344 00:16:39,066 --> 00:16:41,500 and they ignored the cease and desist. 345 00:16:41,567 --> 00:16:43,900 Aleshanee told my attorney that she did not solicit... 346 00:16:43,967 --> 00:16:45,467 [Judy] No, you can't... 347 00:16:45,533 --> 00:16:47,400 - Hearsay. - You can't tell me 348 00:16:47,467 --> 00:16:49,533 what she told your attorney. 349 00:16:49,600 --> 00:16:52,133 - Do you understand? - Even if I have an affidavit? 350 00:16:52,200 --> 00:16:54,000 Is your attorney in the military? 351 00:16:54,066 --> 00:16:56,800 - No, I just have a notarized affidavit. - From whom? From her? 352 00:16:56,867 --> 00:16:57,734 My attorney. 353 00:16:57,800 --> 00:17:00,500 No, I don't take affidavits from attorneys. 354 00:17:00,567 --> 00:17:02,033 - Okay. - It's ridiculous. 355 00:17:02,100 --> 00:17:04,000 Are you still in operation, Miss Wyatt? 356 00:17:04,066 --> 00:17:05,233 Yes, Your Honor. 357 00:17:05,300 --> 00:17:08,300 [Judy] How many people work for, with or to you? 358 00:17:08,367 --> 00:17:11,066 It's just me. I have my own personal LLC. 359 00:17:11,133 --> 00:17:14,767 And she has her own personal LLC, so none of our money is combined. 360 00:17:14,834 --> 00:17:17,734 [Judy] Miss Wyatt, how many of your former clients 361 00:17:17,800 --> 00:17:20,333 from Miss Landy's business followed you? 362 00:17:20,400 --> 00:17:23,767 I would say a good portion. I don't have an exact number. 363 00:17:23,834 --> 00:17:25,333 - Yes. - [Angela] Here you go. 364 00:17:25,400 --> 00:17:27,500 - No, just tell me. - I would say, at least... 365 00:17:27,567 --> 00:17:29,066 - [Judy] No-no-no. - No, I'm sorry. 366 00:17:29,133 --> 00:17:31,333 I don't want you to say, "I would say, at least," 367 00:17:31,400 --> 00:17:33,433 I assume you have names, people. 368 00:17:33,500 --> 00:17:35,433 I have names and people here, Your Honor. 369 00:17:35,500 --> 00:17:39,166 {\an8}[Judy] How many of your clients went to Miss Wyatt? 370 00:17:39,233 --> 00:17:40,367 {\an8}Twenty. 371 00:17:40,433 --> 00:17:44,033 {\an8}Not was solicited. Follow me very carefully. 372 00:17:44,100 --> 00:17:49,300 Not solicited by her, but actually left your business to go with her. 373 00:17:49,367 --> 00:17:51,200 Actually left my business to go with her. 374 00:17:51,266 --> 00:17:52,667 - [Judy] Twenty? - Yes, Your Honor. 375 00:17:52,734 --> 00:17:55,166 I'd like to see. Does that sound right, Miss Wyatt? 376 00:17:55,233 --> 00:17:56,767 Yes, Your Honor. 377 00:17:56,834 --> 00:18:00,066 Then I don't have to see. She says that that's about right. 378 00:18:00,133 --> 00:18:03,967 Your Honor, I would also like to add that after I left, 379 00:18:04,033 --> 00:18:06,100 she did send out a mass text 380 00:18:06,166 --> 00:18:09,200 allowing all of the clients who had ever seen me 381 00:18:09,266 --> 00:18:11,834 to be aware that I was no longer there. 382 00:18:11,900 --> 00:18:16,367 So, that also allowed more clients to reach out to me in different aspects. 383 00:18:16,433 --> 00:18:19,533 - No, you made the mistake. - Okay. 384 00:18:19,600 --> 00:18:22,166 You made the mistake by opening up an office 385 00:18:22,233 --> 00:18:24,967 within a seven mile radius, which you can't do. 386 00:18:25,033 --> 00:18:27,633 - Okay. - You solicited her clients. 387 00:18:27,700 --> 00:18:31,333 I thought maybe just one or two, but 20, that's a lot of clients. 388 00:18:31,400 --> 00:18:33,633 Twenty recurring clients is a lot of clients. 389 00:18:33,700 --> 00:18:37,533 Miss Landy's request in her small claims case 390 00:18:37,600 --> 00:18:40,800 is the maximum of the jurisdiction, which is $10,000. 391 00:18:40,867 --> 00:18:43,667 And I think that she deserves every penny of that. 392 00:18:43,734 --> 00:18:45,333 - Okay. - 'Cause what you did was wrong 393 00:18:45,400 --> 00:18:47,000 and a breach of your contract with her. 394 00:18:47,066 --> 00:18:49,600 Judgment for the Plaintiff in the amount of $10,000. 395 00:18:49,667 --> 00:18:51,000 - We're finished. - [Angela] Thank you. 396 00:18:51,066 --> 00:18:52,367 This court is adjourned. 397 00:18:52,433 --> 00:18:55,300 And I have to tell you something, that's ongoing. 398 00:18:55,367 --> 00:18:57,133 - Okay. - Just so that you're aware. 399 00:18:57,200 --> 00:18:58,533 [laughs] 400 00:18:59,934 --> 00:19:02,700 {\an8}I felt like the work environment was very unstable. 401 00:19:02,767 --> 00:19:05,533 {\an8}I have so many people to testify, including employees, 402 00:19:05,600 --> 00:19:07,600 {\an8}that it's not a hostile work environment. 403 00:19:07,667 --> 00:19:10,600 {\an8}And, um, I was constantly anxious there. 404 00:19:10,667 --> 00:19:13,900 {\an8}I was doing so much to improve the quality of the business 405 00:19:13,967 --> 00:19:16,066 {\an8}by changing policies and procedures. 406 00:19:16,133 --> 00:19:18,300 {\an8}I had to do what was best for me and my family. 407 00:19:18,367 --> 00:19:19,500 {\an8}I'm a single mom, so. 408 00:19:19,567 --> 00:19:23,533 {\an8}Hiring a business coach, working with an HR team. 409 00:19:23,600 --> 00:19:25,700 {\an8}Let the better business win, I guess. 410 00:19:25,767 --> 00:19:28,133 {\an8}The better business has won. [laughs] 411 00:19:29,934 --> 00:19:33,467 I was a little bit confused, maybe you can shed some light on it for me. 412 00:19:33,533 --> 00:19:36,867 Why the Plaintiff wouldn't sue for injunctive relief. 413 00:19:36,934 --> 00:19:40,567 Because injunctive relief is suing not so much for damages, 414 00:19:40,633 --> 00:19:42,667 but to get someone to stop doing something. 415 00:19:42,734 --> 00:19:46,567 So, in this case, it seemed to me that the proper ask, per se, 416 00:19:46,633 --> 00:19:49,600 would be injunctive relief to stop the Defendant 417 00:19:49,667 --> 00:19:53,467 from operating her business in violation of her contract. 418 00:19:53,533 --> 00:19:55,734 But she didn't do that. She sued for damages instead. 419 00:19:55,800 --> 00:19:58,467 And I just think that this same problem could keep happening. 420 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 421 00:20:02,767 --> 00:20:04,834 to find the proper relief. 422 00:20:04,900 --> 00:20:07,433 Because what's to say that this is going to stop today? 423 00:20:07,500 --> 00:20:09,567 I'm sure she'll keep seeing the 20 clients. 424 00:20:09,633 --> 00:20:11,967 Well, she's going to keep seeing the 20 clients. 425 00:20:12,033 --> 00:20:17,767 This judgment today was more compensatory than punitive. 426 00:20:17,834 --> 00:20:21,433 Because if she had taken one client with her, 427 00:20:21,500 --> 00:20:24,066 well, she's in violation of the contract 428 00:20:24,133 --> 00:20:27,233 and some token violation would have been appropriate. 429 00:20:27,300 --> 00:20:29,800 But she took 20 clients with her. 430 00:20:29,867 --> 00:20:32,400 I got the feeling from you that you weren't exactly in line 431 00:20:32,467 --> 00:20:36,967 with the $10,000 number until you heard about 20 clients. 432 00:20:37,033 --> 00:20:39,367 - I mean, that's really... - That's a whole business. 433 00:20:39,433 --> 00:20:42,233 ...some sort of chutzpah to knowing. 434 00:20:42,300 --> 00:20:45,834 And I believe she absolutely knew. She was smart cookie. 435 00:20:45,900 --> 00:20:48,166 Knowing that you have a non-compete 436 00:20:48,233 --> 00:20:51,066 because her friend, who she also took with her, 437 00:20:51,133 --> 00:20:54,700 had the same documents signed in 2017. 438 00:20:54,767 --> 00:20:57,266 So, and she's clearly a businesswoman. 439 00:20:57,333 --> 00:21:00,100 So that would be a consistent practice of hers. 440 00:21:00,166 --> 00:21:04,333 I don't know who took the contract out of the file cabinet. 441 00:21:04,400 --> 00:21:06,934 It's for another day. I reconstructed it. 442 00:21:07,000 --> 00:21:10,066 I actually don't know why she wouldn't sue for injunctive relief 443 00:21:10,133 --> 00:21:11,767 as well as punitive damages. 444 00:21:11,834 --> 00:21:14,333 - It would have been an option for her. - Yeah. 445 00:21:16,033 --> 00:21:19,500 [narrator] Want justice? Go to Judy Justice.tv.