He alleges it was you who hit his car, and then left the scene.
- Yes, Your Honor. - Did you have a driver's license?
No, I did not have a driver's license.
And your father knew that you were driving the car without a license.
- That's a yes or a no. - Yes.
So far, not good parenting.
This is Judy Justice.
Dean Miller is suing vehicle owner Robert Peñ a for damage
after his 17-year-old son hit Dean's car.
Court come to order. All rise.
Have a seat, please.
Hello, Judge. Case 2076, Miller vs. Peña.
- Thank you. - You're welcome.
- Mr. Peña, is that your son? - Yes, he is.
- The one who was driving the car? - Yes.
Okay, good. You stand up next to your father.
Mr. Miller, it is your claim that the defendant's son
hit your car that was parked in a parking lot.
Yes, Your Honor.
And it was parked in the parking lot of a high school.
Yes, Your Honor.
- Do you work in that high school? - Yes.
- As what? - I'm a teacher.
- What do you teach? - I teach what's called, uh,
Onsite Continuation.
It's a continuation classroom
for 10th through 12th-grade students.
- Do you go to that school? - Yes, Your Honor.
Okay. On what date did you park your car when you allege it was hit?
It was on March 8th, Your Honor.
- You were in school that day. - Yes, Your Honor.
Now you should know that in reviewing this case,
Mr. Miller, because he was not there when his car was hit...
- Correct. - Correct?
And so he alleges that it was you who hit his car and then left the scene.
Your father said it was not you who hit his car.
And there's no proof that it was you who hit his car--
that's what your father said.
Before you answer my questions, I'm going to tell you that Mr. Miller has a video
that he says was taken by school cameras
that were zoned onto the parking lot,
that demonstrates that you actually did hit his car and leave.
- Do you understand? - Yes, Your Honor.
So now we're going to go back to March 8th,
and you're going to tell me what happened with Mr. Miller's car.
So, I drive myself to school every day,
or at the time I was driving myself to school
'cause that was my only way of getting to school.
Did you have a driver's license?
At the time, no, I did not have a driver's license.
So you were driving a car without a driver's license.
Yes, Your Honor.
And what kind of a car were you driving?
It was a 1991 Camaro.
Where did you get the car from?
Me and my dad had got one off the street.
It was a project car.
- How old are you? - 17.
- Did you try to take a driving test? - Yes.
- When? - Back when I had turned 17, actually.
In February of last year.
- And you didn't pass it? - No.
- Did you take the written test? - No.
- What did you take in February? - The practical test.
Just the practical test, the driving test.
Yes.
- And you failed that. - Yes.
So, despite the fact that you failed that, you drove the car,
and your father knew that you were driving the car without a license.
- That's a yes or a no. - Yes.
Was there insurance on this car, Mr. Peña?
No, there wasn't.
So, no insurance, no license.
So far, not good parenting.
- You understand that, Mr. Peña? - Yes.
Great.
So you drove yourself to school and...
There's a parking lot that all the students, teachers,
anyone who goes to the school, really, they can park...
Yes. Nobody suggests you were trespassing in a place you weren't supposed to be.
Yeah. So, every morning I would park--
Not everyone, look at me.
- That day, Mr. Miller's car. - Yes, Your Honor.
That day, March 8th, I came to school as usual,
and I parked in my area, and then
one of the on-school deputies that the school has,
he pulled up right behind me as I parked
and he asked me for my information.
He asked me for my name, my school I.D.
I want to know what happened with Mr. Miller's car.
Oh, nothing happened to Mr. Miller's car.
So, what you're telling me is that you did not hit Mr. Miller's car.
- Is that what you're telling me? - Yes, Your Honor.
- What car were you driving that day? - 1991 Camaro.
- What color is it? - Red.
How long have you been going to that school?
It's my fourth year going.
How many other people drive a 1991 Camaro?
Red?
- Nobody. - Nobody.
And so I'm going to watch this video.
- Sarah, do we have the video? - I have it.
- So... there. - Mm-hmm.
Wait.
- Okay. You have a truck? - Yes, ma'am.
Okay, so there's no question you hit the truck.
- Do you want me to show you the video? - No, Your Honor.
Okay.
Well, if you don't want to see the video, that's because you told me a lie.
- Oh, yes, I'd like to see the video. - Absolutely.
Going to watch very carefully. You're pulling into a spot,
and the truck moved as you were pulling in.
Have they shown you the video, Mr. Peña?
They showed me a different version of that video.
Well, I've just seen the version that I saw.
- Got it? - Yes, Your Honor.
- Saw the truck move, did you? - Yes, I did.
- When you were pulling in next to it? - Yes, I was.
When you were pulling in next to it.
So, that didn't happen 'cause there was an earthquake.
- That happened because you hit the truck. - Yes, Your Honor.
Fine, now we understand each other, Mr. Peña?
- Yes. - Great. That's a yes.
Okay, can I see pictures of your truck, please, and the estimate to repair it?
Yes, Your Honor.
Have you seen the photographs? - Yes, Your Honor.
Okay, totally consistent, right?
- Mr. Miller, you're from California? - Yes, Your Honor.
- Do you regularly teach today? - Yes.
- So you had to take a day off? - Yes, I have a substitute today, yes.
- How many days off are you allowed? - Ten per year.
I've accumulated quite a few because I don't take many days off.
You get paid for those days?
I get compensated because I have sick days
or personal necessity days.
The reason I'm asking you these questions, Mr. Miller,
because it's no question that you are entitled to have your car fixed.
But that's, to me, even though that's all you're requesting,
I think the fact that Mr. Peña allowed his son to drive a car
without insurance and without a license-- not only without a license,
but knowing that his son took a driving test the month before
and failed it, which means that he was not a good driver.
Not a good enough driver to get a driver's license.
And I have a lot of people in my family that don't drive well
that I don't like to be in the car with.
But they all have driver's licenses
because they managed to pass a driving test.
So I know that you are only requesting the $1,524,
but I'm actually awarding you $2,500.
Thank you, Your Honor.
And that's for the aggravation of instead of Mr. Peña saying to you,
"I'm sorry my son hit your car,"
'cause either his son lied to him...
Your Honor, can I say something?
Either his son lied to him,
or his son told him the truth, but he lied to me.
And he's the grown-up.
He set an example for his son that said it's okay to break the law.
Not only for you, 'cause you take the car to school.
Take the car to school even though you failed.
Take the car to school. It has no insurance.
If you hit somebody in that car and you seriously injure them,
that car has no insurance.
Car has no insurance. He has nothing to lose.
Car has no insurance. But the person who he hit,
person whose property he may have destroyed, they have no recourse.
You understand, sir? That's a bad parental example.
You want to say something to me or not?
Yes, I do.
I don't care that you didn't like it.
That's not, as a parent, the lesson you should be teaching.
And whether or not you like the way the sheriff spoke to him,
that is totally irrelevant to me.
Later...
- Just a second...! - I paid as much as I could.
Supporting him. I wasn't getting paid rent for his room.
What happened is you both sort of took advantage
of this rent moratorium.
Not true.
Dean Miller
claims vehicle owner Robert Peña owes for damage
after his 17-year-old son hit Dean's car.
Go ahead.
My thing I didn't like was how he got approached.
I don't care whether you like it or not.
- That's what I didn't like. - I don't care whether you like it or not.
Did your son come home from school that day
and say, "I hit somebody's car"?
- No, he didn't. He wasn't aware. - And what-- just a second.
And when you asked him whether he hit somebody's car,
what did he tell you?
- Just be careful. - He said, "I think..."
"I think!"
He felt intimidated by the sheriff and him.
I don't care that you didn't like it.
- I don't think it hit his car. - That's not, as a parent...
That's not, as a parent, the lesson you should be teaching.
First of all, you allowed your son to violate the law.
You allowed it. And then, I mean,
I would certainly know whether I caused that much damage.
He knew that that car moved.
So either he lied to you or you lied to me,
and whether or not you liked the way the school officials spoke to him
or the sheriff spoke to him, that is totally irrelevant to me.
That shouldn't be the takeaway from this.
The takeaway from this is you're supposed to follow the rules.
The rules are meant for everybody,
and that includes you and your kid.
Judgment for the plaintiff in the amount of $2,500.
- We're finished here. - Thank you, Your Honor.
This court is adjourned.
Police officer came behind me when I parked,
and accusing me that I had hit someone.
The school deputy saw the video, knew the car,
so he approached the student.
The person who I supposedly hit
came out with a megaphone yelling at me.
There is no megaphone, so...
I don't know where that came from.
Telling me that I'd hit him.
So I was kind of, like, freaking out. I didn't really know what to think.
If it happened to me, he could hit someone else, and...
I didn't know I hit your car. Did I hit your car?
I didn't even know what to think. I could have sworn I did not.
This was fortunate, that it was just a parked car in a parking lot.
It is time to get his license. Yeah, yeah, that's correct.
It's time to get the car fixed and just get some closure on this.
In our family, we would call that contact a love tap.
And as someone who has had a few run-ins, potentially, with stationary objects...
- I will tell you... - Not potentially!
I will tell you, you know, when you hit a stationary object,
even if it's just a light little love tap.
So, I just thought it was outrageous
that the defendants, father and son,
they knew that there was a video
and still took the position of nope.
- Nope. - Nope.
Well, his father's position was, "I didn't like the way
they spoke to my son, and therefore I'm not responsible.
They shouldn't have spoken to him."
I mean, he's 17 years old, but he looks like a man.
He's taller than his father, you know.
You have to take responsibility.
You have to take responsibility and not drive a car, especially...
You failed a driving test. The most basic thing.
I mean, you know, we have people...
I will say, I did pass on the first try, so...
Yes, but we have people in our family who actually did not.
Okay, yes. They will not be named.
And they didn't drive a car until they could pass a driving test.
And their parents were the first ones to say, no, no, no, no.
- No shot until you pass that test. - Right. Absolutely.
So, parents need to be responsible as well.
Case 2104: Birkland vs. Lefkowitz.
All parties, please step forward.
Shannon Birkland is suing
her former roommate Ian Lefkowitz
for unpaid rent and eviction costs.
Ms. Birkland, how long had you lived in your residence?
Prior to the defendant moving in?
- Yes. - Two years.
And how long did you live there with the defendant?
A total of five years. With the defendant? I'm sorry, three years.
- Three years. - This month, would have been.
And for most of that three-year period,
what kind of work do you know that the defendant did?
Computer work and music producing.
How do you support yourself, sir?
I produce music. I don't do computer work.
Produce music for whom?
Various artists and brands and whatever.
How long have you been doing that?
Since I was 13 years old.
- How old are you now? - 32.
You have a corporation or an LLC?
Not, um, currently standing,
but I-I do have one that is out of commission right now,
that needs to be reestablished.
When was the last time you filed tax returns?
Last, um...
- Last April. - Last April, yeah.
And on your tax returns that you filed,
how much did you indicate that you earned?
I receive royalties from a company called...
...and they take my taxes out automatically,
so I'm not sure how much.
I'm asking you how much you reported your gross income was
when you filed your tax returns in April.
They come automatically, is what I'm saying. I didn't file them.
They're paid for and filed automatically by the company
that distributes my royalties.
So is what you're saying, you didn't file tax returns in April?
I assume that they're filed automatically through this company that pays me.
Mr. Lefkowitz, when was the last time you put a stamp
on tax returns that you sent to the government?
- I do not know. - Ever?
Um...
Think. Ever?
Like I said, where I make most of my money,
if not all of my money, comes through a company called...
...which, they take out the taxes automatically before paying me.
So, I've never filed through that.
I just assumed that it was already taken care of in that way.
- You assumed wrong. - Okay.
Okay. There came a time, Mr. Lefkowitz,
you lived there for three years,
but there came a time when you stopped paying rent.
- Correct. - And what was your rent
when you moved in with the plaintiff?
Twelve hundred dollars a month.
- You had your own room? - Yes.
- Bathroom? - Yes.
You moved in in what month and year?
2019, in October.
And, as you said, most of your money comes from royalties,
and I assume that's royalties on past work.
Yes.
And you've been existing on that for how long?
Eight years or so.
So, how much do you make from these royalties?
You pay $1,200 a month rent.
- You have a car? - Mm-hmm.
- "Uh-huh" is not an answer. - Yes, I, actually, I make...
So you have a car. You have insurance?
- Yes. - What kind of car do you have?
I have a Honda Clarity.
- What year? - It's a lease. It's a 2021.
And how much do you pay a month for the lease?
395.
Does that include insurance or does it not include insurance?
It does not include insurance.
So you pay an additional how much for insurance?
About 350.
So you've spent $700 a month for your car.
Correct.
And let's get back to, you moved in in October of 2019.
You rent was $1,200 a month, and you lived there until when?
Until about two months ago.
So September 4th or 3rd is when I moved all my stuff out.
And when was the last month you paid rent?
That would have been in December of 2021.
So you lived there January, February, March, April, May,
June, July, August, and part of September.
So, at least eight months that you lived there and didn't pay rent.
- Mm-hmm. - "Uh-huh..."
Well, I wasn't there for August.
- Pretty much the entire... - Your things were there.
Sure.
- If your things are there, you're there. - Okay.
'Cause that's part of what she's suing for, rent that you didn't pay.
- Are you still living there? - No.
- Why not? - I was evicted.
- When? - The exact date is August 2nd.
I do have my paperwork for notice to vacate.
- Just a second. - Sure.
On August 2nd of twenty...
I'm sorry. That was the court date,
and that's when the judgment was made, was August 2nd.
- And when did you move out? - Two weeks later.
That's not true.
And you were evicted for nonpayment of rent.
- Yes. For two months. - Yes. Just a second.
- You were evicted for nonpayment of rent? - Yes. For two months.
Well, show me that it was for two months.
I just want to see that it was for two months,
and what two months those were.
That page right there.
No. You didn't leave until, let's say, September 1st.
- That sounds more like it. - You didn't leave until September 1st.
I'm sorry, Your Honor. I did mistakenly speak.
I do remember that the judge...
Don't tell me what the judge said. I'm asking you when you left.
Gave me six weeks from that date of August 8th.
So, I left September, uh, 8th.
And you left at about the same time.
- I left prior, but I called my neighbor. - Ah, just a second.
- You left at about the same time. - Few days before.
Fine. That's at about the same time.
She actually left after that.
I talked to a neighbor that said around the 14th that she was still there.
You can't tell me what the neighbor said.
That's why I stopped you before.
Well, I know there's a moratorium for COVID,
and the government shut my business down.
- That's what he says! - I knew that I had protection.
He's saying the exact same thing you are in his answer.
You two are soulmates.
No, Your Honor, I'm sorry...!
Shannon Birkland claims her former roommate, Ian Lefkowitz,
is responsible for unpaid rent.
Okay, this eviction notice is dated May 26,
and it says that you didn't pay April or May.
- Correct. - But both of you lived there in June.
- Did you pay June? - Yes.
Show me proof. Show me proof that you paid June and July.
Show me proof. You didn't pay April and May.
Show me proof that you paid...
- My proof... - Your proof.
...is in the fact that I don't owe any rent
except for when the moratorium lapsed, and I...
No, no, no, no, no. No, no, no.
I don't have a receipt for payment.
Then just say I didn't pay rent for June and July.
I did not pay rent for June and July.
That's-- well, just answer that question.
So you didn't pay rent for June and July.
- Yeah. - Here we go.
And you didn't pay for April,
May, June, and July.
I know you didn't pay for August.
There's no question you didn't pay for August.
And you were actually there in August, so you didn't pay for five months.
- I guess, yes. - Okay.
And the reason that you didn't pay rent for those five months was what?
I had spent all my savings on paying rent and I had none left.
- Just a second! - I paid as much as I could...
- Just a second. - supporting him...
The best I could. And I...
What happened is you both sort of took advantage
- of this rent moratorium. - Not true.
Well, if you didn't pay rent for April, May,
June, July, and August, what were you doing?
Waiting for him to pay his rent
because I couldn't afford to pay for my station at...
- Just a second. - Yeah.
You didn't pay any rent.
You didn't say to the landlord, "I have a roommate.
I can't take care of him. I'm giving you my half of the rent."
Well, I know there's a moratorium for COVID,
and the government shut my business down.
- That's what he says. - And so I knew that I had protection.
That's what he says.
He's saying the exact same thing you are in his answer.
Did he go to court and do the paperwork and do the filings?
- Who cares? - I do!
Who cares? I don't.
Each of you seems to be living.
You operate your hair business out of your house...
In addition to another business, yes.
Whatever. You operate your hair business out of the house.
He operates-- I don't know what he does, but I know he has--
he's 32 years old, supports himself,
spends $700 a month on a car,
spent for a long time $1,200 a month rent,
and can't remember the last year
or the last decade that he filed tax returns.
So, whatever it is, this is your problem, Miss Birkland,
and this is what I actually didn't understand when I read your complaint,
'cause what you're looking for is eight months rent from him.
Correct.
- You didn't pay the rent! - I shouldn't be evicted.
I asked him to leave every month that he didn't pay me.
Shoulda, woulda, coulda.
I had a business as a hairdresser,
and I went out to rent a station,
and I was out for four months to pay for a station.
It doesn't matter!
I wanted to go back to be my nice space that I had created for myself,
and I've worked my butt off for, and my clients liked.
I wasn't getting paid rent for his room.
I wanted to move my studio into his room and make it my hair salon.
So I can have two businesses now out of my home.
I have zero income, zero businesses.
My life has not been easy.
In this home was the one thing that I've worked my ass off for.
It's the only thing in life that I loved.
Miss Birkland, did you say to your landlord...
- Yes. - "I have a roommate..."
Yes.
"He's not paying me his half of the rent,
but I want to show you in good faith,
I am going to give you my portion of the rent."
- You didn't do that. - Yes, I did, Your Honor.
Well, show me. Just a second. Show me.
All I know is, they say-- these are your evidence--
for the full amount of the rent for April and May,
and I know you didn't pay June,
July, August and September.
I know you didn't pay that much.
So I'm asking you, just show me some proof, Ms. Birkland,
that you said to your landlord, who was also in business,
this is of renting space for which they are requesting
rent paid in a timely fashion.
And then they've got two people who decide,
well, we have a rent moratorium.
I'm not in any worse position now than before,
so I'm just not going to pay rent.
- Your Honor, I was... - Just show me
that you made partial payment to the landlord
for April, May, June, July, and August.
I don't have that because I was protected under the law.
Okay, good. And so is he.
Your Honor, wait. I have one question for you.
Goodbye! Goodbye!
I can prove to you that I attempted to pay full rent.
You two...
...and I was able to bring my business into the house.
You two are soul mates. You both relied...
No, Your Honor, I'm sorry.
- Out. - This court is adjourned.
Soul mates.
You both took advantage of a law, and you both lost.
Goodbye.
I have nowhere to operate
both of my businesses-- I created one during COVID.
We both exercised our rights under California tenant laws, and...
Which I would have, had I had a room that he wouldn't leave.
You know, they... That's just what it is.
Every month, I pleaded with him.
That never happened.
I cried, I fought.
She never asked me to leave. Crying, approached me, nothing.
If it can be helped, don't have a roommate.
I'm glad you didn't give her any money.
But if you were going to award any money in this case,
it should go to the landlord.
Because the plaintiff did the exact same thing,
using the exact same legal loophole
that was created during COVID
for people who really were struggling and not being able to afford their rent.
And now she sues him for doing the exact same thing that she did.
So the landlord is really the only one out here.
- That's correct. - Yeah.
And if he could write a check to the landlord, that would be fine.
But the landlord isn't a party.
I have a feeling that there are a lot of very small landlords.
Not people that own giant buildings,
but people who have, you know, their real estate businesses are small.
They may have two or three or four apartments that they rent.
They maintain them, whatever.
She was living there for a while, clearly happy with the situation
because she lived there for five years.
Well, why just not pay your rent
if you're still doing hair in the apartment?
That's a business. That's what you're doing.
He's still collecting his same royalties,
which he thinks somebody else should be reporting on their tax return.
I don't know. People have to really grow up.
I'm getting so... I'm losing my patience so quickly.
Maybe I'm losing it a little young.
Maybe. I think I'm tarnishing you.
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