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{\an8}He alleges it was you who hit his car,
and then left the scene.
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- Yes, Your Honor.
- Did you have a driver's license?
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No, I did not have a driver's license.
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And your father knew that you were
driving the car without a license.
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- That's a yes or a no.
- Yes.
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So far, not good parenting.
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This is Judy Justice.
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{\an8}Dean Miller is suing vehicle owner
Robert Peñ a for damage
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after his 17-year-old son hit Dean's car.
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Court come to order. All rise.
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Have a seat, please.
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{\an8}Hello, Judge.
Case 2076, Miller vs. Peña.
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- Thank you.
- You're welcome.
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- Mr. Peña, is that your son?
- Yes, he is.
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- The one who was driving the car?
- Yes.
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Okay, good.
You stand up next to your father.
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Mr. Miller, it is your claim
that the defendant's son
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hit your car that was parked
in a parking lot.
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Yes, Your Honor.
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And it was parked in
the parking lot of a high school.
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Yes, Your Honor.
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- Do you work in that high school?
- Yes.
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{\an8}- As what?
- I'm a teacher.
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{\an8}- What do you teach?
- I teach what's called, uh,
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{\an8}Onsite Continuation.
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{\an8}It's a continuation classroom
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for 10th through 12th-grade students.
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- Do you go to that school?
- Yes, Your Honor.
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Okay. On what date did you park
your car when you allege it was hit?
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It was on March 8th, Your Honor.
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- You were in school that day.
- Yes, Your Honor.
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{\an8}Now you should know
that in reviewing this case,
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Mr. Miller, because he was not there
when his car was hit...
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- Correct.
- Correct?
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And so he alleges that it was you
who hit his car and then left the scene.
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Your father said
it was not you who hit his car.
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And there's no proof
that it was you who hit his car--
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that's what your father said.
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Before you answer my questions, I'm going
to tell you that Mr. Miller has a video
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that he says was taken
by school cameras
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that were zoned
onto the parking lot,
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that demonstrates that you
actually did hit his car and leave.
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- Do you understand?
- Yes, Your Honor.
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So now we're going to go
back to March 8th,
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and you're going to tell me
what happened with Mr. Miller's car.
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So, I drive myself to school every day,
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or at the time
I was driving myself to school
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'cause that was my only way
of getting to school.
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{\an8}Did you have a driver's license?
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{\an8}At the time, no,
I did not have a driver's license.
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{\an8}So you were driving
a car without a driver's license.
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{\an8}Yes, Your Honor.
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And what kind of a car were you driving?
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It was a 1991 Camaro.
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Where did you get the car from?
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Me and my dad had got one off the street.
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It was a project car.
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- How old are you?
- 17.
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- Did you try to take a driving test?
- Yes.
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- When?
- Back when I had turned 17, actually.
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In February of last year.
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- And you didn't pass it?
- No.
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- Did you take the written test?
- No.
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- What did you take in February?
- The practical test.
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Just the practical test,
the driving test.
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Yes.
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- And you failed that.
- Yes.
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So, despite the fact that you failed that,
you drove the car,
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and your father knew that you were
driving the car without a license.
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- That's a yes or a no.
- Yes.
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Was there insurance
on this car, Mr. Peña?
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No, there wasn't.
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So, no insurance, no license.
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{\an8}So far, not good parenting.
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{\an8}- You understand that, Mr. Peña?
- Yes.
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{\an8}Great.
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So you drove yourself to school and...
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There's a parking lot
that all the students, teachers,
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anyone who goes to the school,
really, they can park...
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Yes. Nobody suggests you were trespassing
in a place you weren't supposed to be.
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{\an8}Yeah. So, every morning I would park--
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Not everyone, look at me.
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- That day, Mr. Miller's car.
- Yes, Your Honor.
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That day, March 8th,
I came to school as usual,
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and I parked in my area, and then
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one of the on-school deputies
that the school has,
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he pulled up
right behind me as I parked
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and he asked me for my information.
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He asked me for my name,
my school I.D.
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I want to know what happened
with Mr. Miller's car.
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00:04:02,700 --> 00:04:04,333
Oh, nothing happened to Mr. Miller's car.
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{\an8}So, what you're telling me is
that you did not hit Mr. Miller's car.
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{\an8}- Is that what you're telling me?
- Yes, Your Honor.
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- What car were you driving that day?
- 1991 Camaro.
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- What color is it?
- Red.
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How long have you been
going to that school?
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It's my fourth year going.
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How many other people
drive a 1991 Camaro?
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Red?
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- Nobody.
- Nobody.
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And so I'm going to watch this video.
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{\an8}- Sarah, do we have the video?
- I have it.
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- So... there.
- Mm-hmm.
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Wait.
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- Okay. You have a truck?
- Yes, ma'am.
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Okay, so there's no question
you hit the truck.
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- Do you want me to show you the video?
- No, Your Honor.
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Okay.
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Well, if you don't want to see the video,
that's because you told me a lie.
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- Oh, yes, I'd like to see the video.
- Absolutely.
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Going to watch very carefully.
You're pulling into a spot,
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and the truck moved
as you were pulling in.
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Have they shown you the video,
Mr. Peña?
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They showed me
a different version of that video.
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Well, I've just seen
the version that I saw.
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- Got it?
- Yes, Your Honor.
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- Saw the truck move, did you?
- Yes, I did.
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- When you were pulling in next to it?
- Yes, I was.
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{\an8}When you were pulling in next to it.
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{\an8}So, that didn't happen
'cause there was an earthquake.
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- That happened because you hit the truck.
- Yes, Your Honor.
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Fine, now we understand
each other, Mr. Peña?
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- Yes.
- Great. That's a yes.
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Okay, can I see pictures of your truck,
please, and the estimate to repair it?
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Yes, Your Honor.
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Have you seen the photographs?
- Yes, Your Honor.
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Okay, totally consistent, right?
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- Mr. Miller, you're from California?
- Yes, Your Honor.
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- Do you regularly teach today?
- Yes.
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{\an8}- So you had to take a day off?
- Yes, I have a substitute today, yes.
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{\an8}- How many days off are you allowed?
- Ten per year.
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{\an8}I've accumulated quite a few
because I don't take many days off.
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You get paid for those days?
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I get compensated
because I have sick days
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or personal necessity days.
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The reason I'm asking you
these questions, Mr. Miller,
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because it's no question that you are
entitled to have your car fixed.
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But that's, to me, even though
that's all you're requesting,
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I think the fact that Mr. Peña
allowed his son to drive a car
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without insurance and without a license--
not only without a license,
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but knowing that his son
took a driving test the month before
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and failed it, which means
that he was not a good driver.
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Not a good enough driver
to get a driver's license.
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And I have a lot of people
in my family that don't drive well
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that I don't like to be in the car with.
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But they all have driver's licenses
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because they
managed to pass a driving test.
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So I know that you are
only requesting the $1,524,
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but I'm actually awarding you $2,500.
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Thank you, Your Honor.
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And that's for the aggravation
of instead of Mr. Peña saying to you,
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"I'm sorry my son hit your car,"
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'cause either his son lied to him...
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Your Honor, can I say something?
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Either his son lied to him,
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or his son told him the truth,
but he lied to me.
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And he's the grown-up.
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He set an example for his son
that said it's okay to break the law.
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Not only for you,
'cause you take the car to school.
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Take the car to school
even though you failed.
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Take the car to school.
It has no insurance.
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If you hit somebody in that car
and you seriously injure them,
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that car has no insurance.
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Car has no insurance.
He has nothing to lose.
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Car has no insurance.
But the person who he hit,
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person whose property he may have
destroyed, they have no recourse.
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You understand, sir?
That's a bad parental example.
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You want to say something to me or not?
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Yes, I do.
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I don't care that you didn't like it.
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That's not, as a parent,
the lesson you should be teaching.
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And whether or not you like
the way the sheriff spoke to him,
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that is totally irrelevant to me.
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Later...
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- Just a second...!
- I paid as much as I could.
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Supporting him.
I wasn't getting paid rent for his room.
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What happened is
you both sort of took advantage
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of this rent moratorium.
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Not true.
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Dean Miller
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claims vehicle owner
Robert Peña owes for damage
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after his 17-year-old son hit Dean's car.
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Go ahead.
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My thing I didn't like
was how he got approached.
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I don't care whether you like it or not.
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- That's what I didn't like.
- I don't care whether you like it or not.
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Did your son come home
from school that day
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and say, "I hit somebody's car"?
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- No, he didn't. He wasn't aware.
- And what-- just a second.
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And when you asked him
whether he hit somebody's car,
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what did he tell you?
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- Just be careful.
- He said, "I think..."
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"I think!"
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He felt intimidated
by the sheriff and him.
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I don't care that you didn't like it.
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00:09:17,066 --> 00:09:19,133
- I don't think it hit his car.
- That's not, as a parent...
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00:09:19,200 --> 00:09:21,967
That's not, as a parent,
the lesson you should be teaching.
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First of all, you allowed your son
to violate the law.
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00:09:26,266 --> 00:09:28,800
You allowed it.
And then, I mean,
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00:09:28,867 --> 00:09:31,700
I would certainly know
whether I caused that much damage.
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00:09:31,767 --> 00:09:34,000
He knew that that car moved.
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00:09:34,066 --> 00:09:36,633
So either he lied to you
or you lied to me,
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00:09:36,700 --> 00:09:40,500
and whether or not you liked the way
the school officials spoke to him
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00:09:40,567 --> 00:09:46,133
or the sheriff spoke to him,
that is totally irrelevant to me.
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00:09:46,600 --> 00:09:48,867
{\an8}That shouldn't be the takeaway from this.
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00:09:48,934 --> 00:09:52,133
{\an8}The takeaway from this is
you're supposed to follow the rules.
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00:09:52,200 --> 00:09:53,700
The rules are meant for everybody,
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00:09:53,767 --> 00:09:55,734
and that includes you and your kid.
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00:09:55,800 --> 00:09:57,934
Judgment for the plaintiff
in the amount of $2,500.
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00:09:58,000 --> 00:09:59,333
- We're finished here.
- Thank you, Your Honor.
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00:09:59,400 --> 00:10:00,967
This court is adjourned.
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00:10:01,033 --> 00:10:03,767
{\an8}Police officer came behind me
when I parked,
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00:10:03,834 --> 00:10:05,633
{\an8}and accusing me
that I had hit someone.
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00:10:05,700 --> 00:10:07,767
{\an8}The school deputy
saw the video, knew the car,
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00:10:07,834 --> 00:10:09,834
{\an8}so he approached the student.
216
00:10:09,900 --> 00:10:11,734
{\an8}The person who I supposedly hit
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00:10:11,800 --> 00:10:13,900
{\an8}came out with a megaphone
yelling at me.
218
00:10:13,967 --> 00:10:15,667
{\an8}There is no megaphone, so...
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00:10:16,367 --> 00:10:17,934
{\an8}I don't know where that came from.
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00:10:18,000 --> 00:10:19,333
{\an8}Telling me that I'd hit him.
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00:10:19,400 --> 00:10:22,133
{\an8}So I was kind of, like, freaking out.
I didn't really know what to think.
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00:10:22,200 --> 00:10:24,533
{\an8}If it happened to me,
he could hit someone else, and...
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00:10:24,600 --> 00:10:26,633
{\an8}I didn't know I hit your car.
Did I hit your car?
224
00:10:26,700 --> 00:10:28,700
{\an8}I didn't even know what to think.
I could have sworn I did not.
225
00:10:28,767 --> 00:10:31,300
{\an8}This was fortunate, that it was
just a parked car in a parking lot.
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00:10:31,367 --> 00:10:33,767
{\an8}It is time to get his license.
Yeah, yeah, that's correct.
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00:10:33,834 --> 00:10:36,867
{\an8}It's time to get the car fixed
and just get some closure on this.
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00:10:37,834 --> 00:10:41,834
In our family, we would
call that contact a love tap.
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00:10:41,900 --> 00:10:46,800
And as someone who has had a few run-ins,
potentially, with stationary objects...
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00:10:46,867 --> 00:10:48,834
- I will tell you...
- Not potentially!
231
00:10:48,900 --> 00:10:52,567
I will tell you, you know,
when you hit a stationary object,
232
00:10:52,633 --> 00:10:55,133
even if it's just a light little love tap.
233
00:10:55,200 --> 00:10:56,767
So, I just thought it was outrageous
234
00:10:56,834 --> 00:11:00,100
that the defendants, father and son,
235
00:11:00,166 --> 00:11:01,767
they knew that there was a video
236
00:11:01,834 --> 00:11:04,467
and still took the position of nope.
237
00:11:04,533 --> 00:11:05,567
- Nope.
- Nope.
238
00:11:05,633 --> 00:11:08,166
Well, his father's position was,
"I didn't like the way
239
00:11:08,233 --> 00:11:11,667
they spoke to my son,
and therefore I'm not responsible.
240
00:11:11,734 --> 00:11:13,200
They shouldn't have spoken to him."
241
00:11:13,266 --> 00:11:14,734
I mean, he's 17 years old,
but he looks like a man.
242
00:11:14,800 --> 00:11:16,300
He's taller than his father, you know.
243
00:11:16,367 --> 00:11:17,834
You have to take responsibility.
244
00:11:17,900 --> 00:11:20,467
You have to take responsibility
and not drive a car, especially...
245
00:11:21,500 --> 00:11:24,433
You failed a driving test.
The most basic thing.
246
00:11:24,500 --> 00:11:25,834
I mean, you know, we have people...
247
00:11:25,900 --> 00:11:28,033
I will say, I did pass
on the first try, so...
248
00:11:28,100 --> 00:11:30,600
Yes, but we have people in
our family who actually did not.
249
00:11:30,667 --> 00:11:31,834
Okay, yes.
They will not be named.
250
00:11:33,300 --> 00:11:36,633
And they didn't drive a car
until they could pass a driving test.
251
00:11:36,700 --> 00:11:39,467
And their parents were
the first ones to say, no, no, no, no.
252
00:11:39,934 --> 00:11:41,734
- No shot until you pass that test.
- Right. Absolutely.
253
00:11:41,800 --> 00:11:43,767
So, parents need to be
responsible as well.
254
00:11:43,834 --> 00:11:46,867
Case 2104:
Birkland vs. Lefkowitz.
255
00:11:46,934 --> 00:11:48,767
All parties, please step forward.
256
00:11:48,834 --> 00:11:51,333
{\an8}Shannon Birkland is suing
257
00:11:51,400 --> 00:11:53,667
{\an8}her former roommate Ian Lefkowitz
258
00:11:53,734 --> 00:11:56,467
for unpaid rent and eviction costs.
259
00:11:56,533 --> 00:11:59,600
Ms. Birkland, how long
had you lived in your residence?
260
00:11:59,667 --> 00:12:01,567
Prior to the defendant moving in?
261
00:12:01,633 --> 00:12:02,633
- Yes.
- Two years.
262
00:12:02,700 --> 00:12:05,000
And how long did you live
there with the defendant?
263
00:12:05,066 --> 00:12:07,934
A total of five years. With
the defendant? I'm sorry, three years.
264
00:12:08,000 --> 00:12:10,333
- Three years.
- This month, would have been.
265
00:12:10,400 --> 00:12:13,200
And for most of that three-year period,
266
00:12:13,266 --> 00:12:16,266
what kind of work do you know
that the defendant did?
267
00:12:16,333 --> 00:12:19,300
Computer work and music producing.
268
00:12:19,367 --> 00:12:20,834
How do you support yourself, sir?
269
00:12:20,900 --> 00:12:22,700
I produce music.
I don't do computer work.
270
00:12:22,767 --> 00:12:24,467
Produce music for whom?
271
00:12:24,533 --> 00:12:28,400
{\an8}Various artists and brands and whatever.
272
00:12:28,467 --> 00:12:29,467
{\an8}How long have you been doing that?
273
00:12:29,533 --> 00:12:31,000
Since I was 13 years old.
274
00:12:31,066 --> 00:12:33,233
- How old are you now?
- 32.
275
00:12:33,300 --> 00:12:36,033
You have a corporation or an LLC?
276
00:12:36,400 --> 00:12:38,033
Not, um, currently standing,
277
00:12:38,100 --> 00:12:42,333
but I-I do have one that is
out of commission right now,
278
00:12:42,400 --> 00:12:44,333
that needs to be reestablished.
279
00:12:44,400 --> 00:12:46,533
When was the last time
you filed tax returns?
280
00:12:46,600 --> 00:12:47,667
Last, um...
281
00:12:49,667 --> 00:12:51,166
- Last April.
- Last April, yeah.
282
00:12:51,233 --> 00:12:53,333
And on your tax returns that you filed,
283
00:12:53,400 --> 00:12:55,233
how much did you indicate that you earned?
284
00:12:55,300 --> 00:12:58,133
I receive royalties from a company called...
285
00:12:58,200 --> 00:13:00,700
...and they take
my taxes out automatically,
286
00:13:00,767 --> 00:13:02,600
so I'm not sure how much.
287
00:13:02,667 --> 00:13:06,200
I'm asking you how much you reported
your gross income was
288
00:13:06,266 --> 00:13:08,934
when you filed your tax returns in April.
289
00:13:09,000 --> 00:13:11,967
{\an8}They come automatically,
is what I'm saying. I didn't file them.
290
00:13:12,033 --> 00:13:14,200
{\an8}They're paid for and filed automatically
by the company
291
00:13:14,266 --> 00:13:16,400
that distributes my royalties.
292
00:13:16,467 --> 00:13:20,433
So is what you're saying,
you didn't file tax returns in April?
293
00:13:20,500 --> 00:13:25,333
I assume that they're filed automatically
through this company that pays me.
294
00:13:25,400 --> 00:13:29,400
Mr. Lefkowitz, when was
the last time you put a stamp
295
00:13:29,467 --> 00:13:32,767
on tax returns that you sent
to the government?
296
00:13:32,867 --> 00:13:35,567
- I do not know.
- Ever?
297
00:13:35,633 --> 00:13:36,700
Um...
298
00:13:36,767 --> 00:13:38,934
Think. Ever?
299
00:13:39,000 --> 00:13:41,433
Like I said, where I make
most of my money,
300
00:13:41,500 --> 00:13:44,100
if not all of my money, comes through
a company called...
301
00:13:44,200 --> 00:13:47,500
...which, they take out the taxes
automatically before paying me.
302
00:13:47,567 --> 00:13:50,266
So, I've never filed through that.
303
00:13:50,333 --> 00:13:53,433
I just assumed that it was
already taken care of in that way.
304
00:13:53,500 --> 00:13:56,033
- You assumed wrong.
- Okay.
305
00:13:56,600 --> 00:13:59,867
Okay. There came a time, Mr. Lefkowitz,
306
00:13:59,934 --> 00:14:01,100
you lived there for three years,
307
00:14:01,166 --> 00:14:03,433
but there came a time
when you stopped paying rent.
308
00:14:03,500 --> 00:14:05,400
- Correct.
- And what was your rent
309
00:14:05,467 --> 00:14:07,633
when you moved in with the plaintiff?
310
00:14:07,700 --> 00:14:09,200
Twelve hundred dollars a month.
311
00:14:09,266 --> 00:14:10,734
- You had your own room?
- Yes.
312
00:14:10,800 --> 00:14:12,333
- Bathroom?
- Yes.
313
00:14:12,400 --> 00:14:14,433
You moved in
in what month and year?
314
00:14:14,500 --> 00:14:17,266
2019, in October.
315
00:14:17,333 --> 00:14:20,767
And, as you said, most of
your money comes from royalties,
316
00:14:20,834 --> 00:14:22,667
and I assume
that's royalties on past work.
317
00:14:22,734 --> 00:14:23,734
Yes.
318
00:14:23,800 --> 00:14:26,367
And you've been existing
on that for how long?
319
00:14:26,900 --> 00:14:28,400
Eight years or so.
320
00:14:28,467 --> 00:14:31,166
So, how much do you make
from these royalties?
321
00:14:31,233 --> 00:14:32,433
You pay $1,200 a month rent.
322
00:14:32,500 --> 00:14:33,967
- You have a car?
- Mm-hmm.
323
00:14:34,633 --> 00:14:36,734
- "Uh-huh" is not an answer.
- Yes, I, actually, I make...
324
00:14:37,233 --> 00:14:39,433
So you have a car.
You have insurance?
325
00:14:39,500 --> 00:14:41,400
- Yes.
- What kind of car do you have?
326
00:14:41,467 --> 00:14:42,800
I have a Honda Clarity.
327
00:14:42,867 --> 00:14:45,033
- What year?
- It's a lease. It's a 2021.
328
00:14:45,100 --> 00:14:47,433
And how much do you pay
a month for the lease?
329
00:14:47,500 --> 00:14:48,533
395.
330
00:14:48,600 --> 00:14:51,266
Does that include insurance
or does it not include insurance?
331
00:14:51,333 --> 00:14:52,367
It does not include insurance.
332
00:14:52,433 --> 00:14:54,734
So you pay an additional
how much for insurance?
333
00:14:54,800 --> 00:14:56,000
About 350.
334
00:14:56,066 --> 00:14:58,767
So you've spent $700 a month
for your car.
335
00:14:58,834 --> 00:14:59,834
Correct.
336
00:14:59,900 --> 00:15:03,000
And let's get back to,
you moved in in October of 2019.
337
00:15:03,066 --> 00:15:06,467
You rent was $1,200 a month,
and you lived there until when?
338
00:15:06,533 --> 00:15:08,800
Until about two months ago.
339
00:15:08,867 --> 00:15:12,734
{\an8}So September 4th or 3rd
is when I moved all my stuff out.
340
00:15:13,266 --> 00:15:15,100
And when was the last month you paid rent?
341
00:15:15,166 --> 00:15:17,033
That would have been
in December of 2021.
342
00:15:18,633 --> 00:15:21,367
So you lived there January,
February, March, April, May,
343
00:15:21,433 --> 00:15:24,934
June, July, August,
and part of September.
344
00:15:25,000 --> 00:15:28,066
So, at least eight months that
you lived there and didn't pay rent.
345
00:15:28,133 --> 00:15:29,133
- Mm-hmm.
- "Uh-huh..."
346
00:15:29,200 --> 00:15:31,333
Well, I wasn't there for August.
347
00:15:32,266 --> 00:15:33,333
- Pretty much the entire...
- Your things were there.
348
00:15:33,400 --> 00:15:34,400
Sure.
349
00:15:34,467 --> 00:15:36,667
- If your things are there, you're there.
- Okay.
350
00:15:36,734 --> 00:15:40,033
'Cause that's part of what she's
suing for, rent that you didn't pay.
351
00:15:40,100 --> 00:15:41,900
- Are you still living there?
- No.
352
00:15:41,967 --> 00:15:43,400
- Why not?
- I was evicted.
353
00:15:43,467 --> 00:15:46,967
- When?
- The exact date is August 2nd.
354
00:15:47,033 --> 00:15:49,400
I do have my paperwork
for notice to vacate.
355
00:15:49,467 --> 00:15:50,533
- Just a second.
- Sure.
356
00:15:50,600 --> 00:15:52,600
On August 2nd of twenty...
357
00:15:52,667 --> 00:15:54,133
{\an8}I'm sorry. That was the court date,
358
00:15:54,200 --> 00:15:56,600
{\an8}and that's when the judgment
was made, was August 2nd.
359
00:15:56,667 --> 00:15:59,066
{\an8}- And when did you move out?
- Two weeks later.
360
00:15:59,133 --> 00:16:00,300
That's not true.
361
00:16:00,367 --> 00:16:02,734
And you were evicted
for nonpayment of rent.
362
00:16:02,800 --> 00:16:05,233
- Yes. For two months.
- Yes. Just a second.
363
00:16:05,300 --> 00:16:08,467
- You were evicted for nonpayment of rent?
- Yes. For two months.
364
00:16:08,533 --> 00:16:10,133
Well, show me that it was for two months.
365
00:16:10,200 --> 00:16:12,166
I just want to see
that it was for two months,
366
00:16:12,233 --> 00:16:13,734
and what two months those were.
367
00:16:13,800 --> 00:16:15,200
That page right there.
368
00:16:22,667 --> 00:16:26,200
No. You didn't leave until,
let's say, September 1st.
369
00:16:26,266 --> 00:16:29,500
- That sounds more like it.
- You didn't leave until September 1st.
370
00:16:29,567 --> 00:16:32,133
I'm sorry, Your Honor.
I did mistakenly speak.
371
00:16:32,200 --> 00:16:34,200
I do remember that the judge...
372
00:16:34,266 --> 00:16:36,600
Don't tell me what the judge said.
I'm asking you when you left.
373
00:16:36,667 --> 00:16:39,767
Gave me six weeks
from that date of August 8th.
374
00:16:39,834 --> 00:16:42,800
So, I left September, uh, 8th.
375
00:16:42,867 --> 00:16:44,600
And you left at about the same time.
376
00:16:44,667 --> 00:16:48,367
- I left prior, but I called my neighbor.
- Ah, just a second.
377
00:16:48,433 --> 00:16:51,100
- You left at about the same time.
- Few days before.
378
00:16:51,166 --> 00:16:52,934
Fine. That's at about the same time.
379
00:16:53,000 --> 00:16:55,266
She actually left after that.
380
00:16:55,433 --> 00:16:58,734
I talked to a neighbor that said
around the 14th that she was still there.
381
00:16:58,800 --> 00:17:00,834
You can't tell me what the neighbor said.
382
00:17:00,900 --> 00:17:02,433
That's why I stopped you before.
383
00:17:05,133 --> 00:17:07,033
Well, I know there's
a moratorium for COVID,
384
00:17:07,100 --> 00:17:08,533
and the government shut my business down.
385
00:17:08,600 --> 00:17:10,667
- That's what he says!
- I knew that I had protection.
386
00:17:10,734 --> 00:17:13,233
He's saying the exact same thing
you are in his answer.
387
00:17:13,300 --> 00:17:15,233
You two are soulmates.
388
00:17:15,300 --> 00:17:16,633
No, Your Honor, I'm sorry...!
389
00:17:28,133 --> 00:17:32,700
Shannon Birkland claims
her former roommate, Ian Lefkowitz,
390
00:17:32,767 --> 00:17:35,567
is responsible for unpaid rent.
391
00:17:35,633 --> 00:17:40,467
Okay, this eviction notice
is dated May 26,
392
00:17:40,533 --> 00:17:43,400
and it says that
you didn't pay April or May.
393
00:17:43,467 --> 00:17:46,200
- Correct.
- But both of you lived there in June.
394
00:17:46,266 --> 00:17:48,200
- Did you pay June?
- Yes.
395
00:17:48,266 --> 00:17:52,300
Show me proof. Show me proof
that you paid June and July.
396
00:17:52,367 --> 00:17:55,400
Show me proof.
You didn't pay April and May.
397
00:17:55,467 --> 00:17:57,800
Show me proof that you paid...
398
00:17:57,867 --> 00:17:59,867
- My proof...
- Your proof.
399
00:17:59,934 --> 00:18:04,433
...is in the fact
that I don't owe any rent
400
00:18:04,500 --> 00:18:07,400
except for when
the moratorium lapsed, and I...
401
00:18:07,467 --> 00:18:09,600
No, no, no, no, no.
No, no, no.
402
00:18:09,667 --> 00:18:11,567
I don't have a receipt for payment.
403
00:18:11,633 --> 00:18:14,467
Then just say I didn't pay rent
for June and July.
404
00:18:14,533 --> 00:18:15,600
I did not pay rent for June and July.
405
00:18:15,667 --> 00:18:17,734
That's-- well, just answer that question.
406
00:18:17,800 --> 00:18:20,500
So you didn't pay rent for June and July.
407
00:18:20,567 --> 00:18:21,800
- Yeah.
- Here we go.
408
00:18:21,867 --> 00:18:24,633
And you didn't pay for April,
409
00:18:24,700 --> 00:18:27,734
May, June, and July.
410
00:18:27,800 --> 00:18:29,867
I know you didn't pay for August.
411
00:18:29,934 --> 00:18:32,166
There's no question
you didn't pay for August.
412
00:18:32,233 --> 00:18:36,000
And you were actually there in August,
so you didn't pay for five months.
413
00:18:36,066 --> 00:18:39,033
- I guess, yes.
- Okay.
414
00:18:39,500 --> 00:18:44,800
{\an8}And the reason that you didn't pay
rent for those five months was what?
415
00:18:44,867 --> 00:18:49,100
{\an8}I had spent all my savings
on paying rent and I had none left.
416
00:18:49,166 --> 00:18:51,667
- Just a second!
- I paid as much as I could...
417
00:18:51,734 --> 00:18:53,734
- Just a second.
- supporting him...
418
00:18:53,800 --> 00:18:55,600
The best I could. And I...
419
00:18:55,667 --> 00:18:58,066
What happened is you both
sort of took advantage
420
00:18:58,133 --> 00:19:00,633
- of this rent moratorium.
- Not true.
421
00:19:00,700 --> 00:19:05,633
Well, if you didn't pay rent
for April, May,
422
00:19:05,734 --> 00:19:09,767
June, July, and August,
what were you doing?
423
00:19:09,834 --> 00:19:11,467
Waiting for him to pay his rent
424
00:19:11,533 --> 00:19:14,233
because I couldn't afford
to pay for my station at...
425
00:19:14,300 --> 00:19:15,300
- Just a second.
- Yeah.
426
00:19:15,367 --> 00:19:17,200
You didn't pay any rent.
427
00:19:17,266 --> 00:19:19,967
You didn't say to the landlord,
"I have a roommate.
428
00:19:20,033 --> 00:19:23,600
I can't take care of him.
I'm giving you my half of the rent."
429
00:19:23,667 --> 00:19:25,734
Well, I know there's a moratorium
for COVID,
430
00:19:25,800 --> 00:19:27,500
and the government
shut my business down.
431
00:19:27,567 --> 00:19:29,266
- That's what he says.
- And so I knew that I had protection.
432
00:19:29,333 --> 00:19:30,333
That's what he says.
433
00:19:30,400 --> 00:19:33,033
He's saying the exact same thing
you are in his answer.
434
00:19:33,100 --> 00:19:37,133
Did he go to court and do
the paperwork and do the filings?
435
00:19:37,200 --> 00:19:38,700
- Who cares?
- I do!
436
00:19:38,767 --> 00:19:40,300
Who cares? I don't.
437
00:19:40,367 --> 00:19:42,000
Each of you seems to be living.
438
00:19:42,066 --> 00:19:45,166
You operate your hair business
out of your house...
439
00:19:45,233 --> 00:19:46,900
In addition to another business, yes.
440
00:19:46,967 --> 00:19:49,233
Whatever. You operate
your hair business out of the house.
441
00:19:49,300 --> 00:19:51,800
He operates-- I don't know
what he does, but I know he has--
442
00:19:51,867 --> 00:19:53,900
he's 32 years old, supports himself,
443
00:19:53,967 --> 00:19:56,600
spends $700 a month on a car,
444
00:19:56,667 --> 00:19:59,367
spent for a long time
$1,200 a month rent,
445
00:19:59,433 --> 00:20:00,800
and can't remember the last year
446
00:20:00,867 --> 00:20:03,900
or the last decade
that he filed tax returns.
447
00:20:03,967 --> 00:20:07,300
So, whatever it is,
this is your problem, Miss Birkland,
448
00:20:07,367 --> 00:20:10,367
and this is what I actually didn't
understand when I read your complaint,
449
00:20:10,433 --> 00:20:12,900
'cause what you're looking for
is eight months rent from him.
450
00:20:12,967 --> 00:20:13,967
Correct.
451
00:20:14,033 --> 00:20:16,767
- You didn't pay the rent!
- I shouldn't be evicted.
452
00:20:16,834 --> 00:20:19,767
I asked him to leave every month
that he didn't pay me.
453
00:20:19,834 --> 00:20:21,000
Shoulda, woulda, coulda.
454
00:20:21,066 --> 00:20:23,600
I had a business as a hairdresser,
455
00:20:23,667 --> 00:20:26,000
and I went out to rent a station,
456
00:20:26,066 --> 00:20:28,834
and I was out for four months
to pay for a station.
457
00:20:28,900 --> 00:20:29,900
It doesn't matter!
458
00:20:29,967 --> 00:20:34,934
I wanted to go back to be my nice space
that I had created for myself,
459
00:20:35,000 --> 00:20:38,600
and I've worked my butt off for,
and my clients liked.
460
00:20:38,667 --> 00:20:41,367
{\an8}I wasn't getting paid rent for his room.
461
00:20:41,433 --> 00:20:45,200
I wanted to move my studio into
his room and make it my hair salon.
462
00:20:45,266 --> 00:20:47,900
So I can have two businesses
now out of my home.
463
00:20:47,967 --> 00:20:51,100
I have zero income, zero businesses.
464
00:20:51,166 --> 00:20:54,633
My life has not been easy.
465
00:20:54,700 --> 00:20:59,500
In this home was the one thing
that I've worked my ass off for.
466
00:20:59,567 --> 00:21:02,567
It's the only thing in life that I loved.
467
00:21:02,633 --> 00:21:05,400
Miss Birkland,
did you say to your landlord...
468
00:21:05,467 --> 00:21:06,867
- Yes.
- "I have a roommate..."
469
00:21:06,934 --> 00:21:07,934
Yes.
470
00:21:08,000 --> 00:21:10,600
"He's not paying me
his half of the rent,
471
00:21:10,667 --> 00:21:13,166
but I want to show you in good faith,
472
00:21:13,233 --> 00:21:17,000
I am going to give you
my portion of the rent."
473
00:21:17,066 --> 00:21:19,567
- You didn't do that.
- Yes, I did, Your Honor.
474
00:21:19,633 --> 00:21:22,700
Well, show me.
Just a second. Show me.
475
00:21:22,767 --> 00:21:25,367
All I know is, they say--
these are your evidence--
476
00:21:25,433 --> 00:21:29,900
for the full amount
of the rent for April and May,
477
00:21:29,967 --> 00:21:32,400
and I know you didn't pay June,
478
00:21:32,467 --> 00:21:35,200
July, August and September.
479
00:21:35,266 --> 00:21:37,133
I know you didn't pay that much.
480
00:21:37,200 --> 00:21:41,300
So I'm asking you, just show me
some proof, Ms. Birkland,
481
00:21:41,367 --> 00:21:45,266
that you said to your landlord,
who was also in business,
482
00:21:45,700 --> 00:21:50,600
this is of renting space
for which they are requesting
483
00:21:50,667 --> 00:21:52,867
rent paid in a timely fashion.
484
00:21:52,934 --> 00:21:55,433
And then they've got
two people who decide,
485
00:21:55,500 --> 00:21:57,400
well, we have a rent moratorium.
486
00:21:57,467 --> 00:21:59,834
I'm not in any worse position
now than before,
487
00:22:00,166 --> 00:22:01,734
so I'm just not going to pay rent.
488
00:22:01,800 --> 00:22:04,000
- Your Honor, I was...
- Just show me
489
00:22:04,066 --> 00:22:07,033
that you made partial
payment to the landlord
490
00:22:07,100 --> 00:22:12,800
for April, May, June, July, and August.
491
00:22:12,900 --> 00:22:15,900
I don't have that because I was
protected under the law.
492
00:22:15,967 --> 00:22:17,633
Okay, good. And so is he.
493
00:22:17,700 --> 00:22:19,433
Your Honor, wait.
I have one question for you.
494
00:22:19,500 --> 00:22:21,500
Goodbye! Goodbye!
495
00:22:21,567 --> 00:22:25,233
I can prove to you
that I attempted to pay full rent.
496
00:22:25,300 --> 00:22:26,300
You two...
497
00:22:26,367 --> 00:22:29,000
...and I was able to bring
my business into the house.
498
00:22:29,066 --> 00:22:31,734
You two are soul mates.
You both relied...
499
00:22:31,800 --> 00:22:33,100
No, Your Honor, I'm sorry.
500
00:22:33,166 --> 00:22:34,500
- Out.
- This court is adjourned.
501
00:22:34,567 --> 00:22:35,900
Soul mates.
502
00:22:35,967 --> 00:22:40,233
You both took advantage of a law,
and you both lost.
503
00:22:40,300 --> 00:22:41,633
Goodbye.
504
00:22:41,700 --> 00:22:43,166
{\an8}I have nowhere to operate
505
00:22:43,233 --> 00:22:45,400
{\an8}both of my businesses--
I created one during COVID.
506
00:22:45,467 --> 00:22:48,734
{\an8}We both exercised our rights
under California tenant laws, and...
507
00:22:48,800 --> 00:22:53,433
{\an8}Which I would have, had I had
a room that he wouldn't leave.
508
00:22:53,500 --> 00:22:55,500
{\an8}You know, they...
That's just what it is.
509
00:22:55,567 --> 00:22:58,467
{\an8}Every month, I pleaded with him.
510
00:22:58,533 --> 00:22:59,567
{\an8}That never happened.
511
00:22:59,633 --> 00:23:01,500
{\an8}I cried, I fought.
512
00:23:01,567 --> 00:23:04,266
{\an8}She never asked me to leave.
Crying, approached me, nothing.
513
00:23:04,333 --> 00:23:06,000
{\an8}If it can be helped,
don't have a roommate.
514
00:23:07,333 --> 00:23:09,233
I'm glad you didn't give her any money.
515
00:23:09,300 --> 00:23:12,100
But if you were going to award
any money in this case,
516
00:23:12,166 --> 00:23:13,667
it should go to the landlord.
517
00:23:13,734 --> 00:23:16,000
Because the plaintiff
did the exact same thing,
518
00:23:16,066 --> 00:23:18,100
using the exact same legal loophole
519
00:23:18,166 --> 00:23:19,567
that was created during COVID
520
00:23:19,633 --> 00:23:23,100
for people who really were struggling
and not being able to afford their rent.
521
00:23:23,166 --> 00:23:26,166
And now she sues him for doing
the exact same thing that she did.
522
00:23:26,233 --> 00:23:28,400
So the landlord
is really the only one out here.
523
00:23:28,467 --> 00:23:29,900
- That's correct.
- Yeah.
524
00:23:29,967 --> 00:23:32,800
And if he could write a check
to the landlord, that would be fine.
525
00:23:32,867 --> 00:23:34,233
But the landlord isn't a party.
526
00:23:34,300 --> 00:23:37,400
I have a feeling that there are
a lot of very small landlords.
527
00:23:37,467 --> 00:23:39,166
Not people that own giant buildings,
528
00:23:39,233 --> 00:23:43,500
but people who have, you know,
their real estate businesses are small.
529
00:23:43,567 --> 00:23:47,100
They may have two or three
or four apartments that they rent.
530
00:23:47,166 --> 00:23:48,367
They maintain them, whatever.
531
00:23:48,433 --> 00:23:52,300
She was living there for a while,
clearly happy with the situation
532
00:23:52,367 --> 00:23:54,266
because she lived there for five years.
533
00:23:54,333 --> 00:23:57,033
Well, why just not pay your rent
534
00:23:57,100 --> 00:23:59,200
if you're still doing hair
in the apartment?
535
00:23:59,266 --> 00:24:01,200
That's a business.
That's what you're doing.
536
00:24:01,266 --> 00:24:03,934
He's still collecting his same royalties,
537
00:24:04,000 --> 00:24:06,967
which he thinks somebody else
should be reporting on their tax return.
538
00:24:07,033 --> 00:24:09,066
I don't know.
People have to really grow up.
539
00:24:09,133 --> 00:24:13,500
I'm getting so...
I'm losing my patience so quickly.
540
00:24:13,567 --> 00:24:15,266
Maybe I'm losing it a little young.
541
00:24:15,333 --> 00:24:17,800
Maybe. I think I'm tarnishing you.
542
00:24:20,467 --> 00:24:24,166
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