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Why you hitting me in the face?
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Because I want my DOG!
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{\an8}Explain that to me.
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When I barge in I'm just like,
"Give me my dog so I can leave."
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I never once put my hands on him.
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That's what happens when foolish
young people decide to own a dog together.
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This is Judy Justice.
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{\an8}Jasmine Jones
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{\an8}is suing her ex-boyfriend,
Jushua Caldwell,
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for the cost of a French Bulldog.
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Court coming
to order. All rise.
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Have a seat, please.
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- Hello Judge.
- How are you?
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Case 2120.
Jones vs. Caldwell.
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- Thank you.
- You're welcome.
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Miss Jones, you and the defendant
were in a romantic relationship...
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- Yes.
- ...that started about a year ago.
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- Yes.
- More than a year ago.
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And then you decided to do one of
the most foolish things that people do
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when they, sort of... fall in love,
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sometimes temporarily.
You decided to buy a dog, together.
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According to you
the relationship went south
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and now we have this adorable dog
that you want back.
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You say the dog is really yours,
you were the one
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who was its primary caretaker,
you paid for a vet bill.
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Mr. Caldwell said that's not the case,
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the dog was always supposed to be his,
he purchased it, and...
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it's your argument that if Mr. Caldwell
is allowed to keep the dog,
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that you be reimbursed
for the vet bills that you paid.
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- Yes, ma'am.
- Okay.
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Did you and Mr. Caldwell live together?
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- Yes.
- From when to when?
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From February 1st of this year
to September 3rd.
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And in what month did you decide
to get... the dog's name is Scrappy?
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- Yes.
- Scrappy?
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We got Scrap... we got Scrappy,
um, January 18th.
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- So before you moved in together?
- Yes.
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{\an8}Where were you living?
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{\an8}I was going back and forth
from my mom's house to Jushua's.
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I already had a key in January.
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- I was staying there, but...
- Okay, but you were living
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- with your mother.
- Yes.
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- In January.
- Yes.
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And who was the breeder of this dog?
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Did you buy the dog
from the breeder or from...
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From the breeder, Andrew.
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Now, Andrew is sitting over
there on the defendant's side,
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so I assume that Andrew
is a friend of your boyfriend's.
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Yes.
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Stand up, Andrew.
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- I have a couple of questions for you.
- Okay.
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That's Scrappy.
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Yes.
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Scrappy is about eight months old?
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He just hit a year about two,
three weeks ago.
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Oh, so still a puppy.
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- Yes.
- Looks very healthy.
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When Scrappy was purchased,
was the amount paid for him
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the same as was paid for
the other dogs in Scrappy's litter?
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- No.
- How many puppies were in the litter?
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- Five.
- Did you charge Mr. Caldwell...
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{\an8}- or Miss Jones for Scrappy?
- Mr. Caldwell.
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How much did you charge him?
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$3,000, Your Honor.
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- Who paid you?
- Jushua.
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Mr. Caldwell. Did he pay by check or cash?
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Cash and Zelle payments.
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Did you ever see Miss Jones
in the purchasing process?
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Yes, I seen her.
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- Tell me about it.
- At the time,
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when they came to pick up the dog,
she was his girlfriend,
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but there was no connection
with me and the dog.
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Was that the first time you had met her?
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I've seen her around, 'cause we would
work at the gym together,
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we're both personal trainers, so,
I would see her around the gym sometimes.
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Had you discussed with
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- your friend, Jushua...
- Yes.
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...while you were working with him,
you're personal training at the gym,
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had you discussed with him getting a dog?
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Yes.
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- When?
- I can't recall the exact date,
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but I know that he had seen
that I'd bought my dog
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and that I was getting into the business,
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so, he contacted me early in say,
2020, stating that,
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"Hey, I wanna eventually, when you have
a litter, get one of your dogs from you."
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Do you remember what month that was in?
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I'd say...
well, Scrap was born October 2021, so...
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around then, maybe a couple months before
when I let him know
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that the female was pregnant,
so maybe around July, August.
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- Okay. Of 2021.
- Yes, Your Honor.
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Okay, so, that was well before
the two of you lived together.
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- Yes.
- Did you ever hear from Miss Jones?
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Did she ever call you before...
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you saw her when they both came
to pick up Scrappy?
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- No, Your Honor.
- Okay.
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You can sit down now.
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{\an8}Cute!
Miss Jones, who paid for Scrappy?
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{\an8}Me and Jushua.
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Show me.
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I have here Zelle
and Venmo payments to Jushua.
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The first one is in February
and then he didn't start asking me
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- for large amounts...
- Hold on one second. Hold on.
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These don't look like anything like
payments for the dog.
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Look at those payments.
$100, $500, $350 in June.
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What were those for?
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They were all payments toward Scrappy.
He started asking me for 200...
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- $350 at that time.
- You mean after you already had the dog?
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- Yes...
- Of course, you've got the dog.
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Yeah, but he didn't pay
for him straight up.
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And his friend told us
that we could pay for him at-will.
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He didn't give him money
the first day that we picked him up.
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Okay, I'll go back to you.
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How much money did Mr. Caldwell pay
on the day he picked up the dog?
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Zero dollars.
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When was the first time he made a payment?
Now you can stand up again.
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{\an8}He made a payment shortly after,
within the first month... of about $300.
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So, in January, he made first payment...
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- ...of $300.
- And in January
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there is no Zelle payment
from you. At all.
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When was the next payment?
Do you recall?
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I believe in March he paid another $200...
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Well, do you have records
of what you paid, sir?
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- Yes.
- I'd like to see them.
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I just want to see what you paid
and when you paid it.
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By the way, while he's looking for that,
when you lived with Mr. Caldwell
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did you both contribute to the rent?
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My contribution to the rent
was paying for the groceries,
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so, I have all my receipts.
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So, the answer is, you did not pay rent.
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That was our deal.
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- Me doing the groceries...
- But the answer is, you did not pay rent.
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No, ma'am.
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{\an8}Did you pay any utilities?
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{\an8}Only when he asked me
for extra money to pay his phone bill
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or to pay for the wifi, sometimes.
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And when you paid for
these extra things,
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the wifi or his phone bill,
did you pay by cash or did you pay by...
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The extra charges in there
that I didn't highlight.
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The ones that are $20, $30,
those are for gas.
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Um, the $70 one is for his card...
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Well, I just want to know how you know
the payment in July...
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for $200, what it was for?
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I was only giving him money
at that time for Scrappy.
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He started asking me
for large amounts of money for him,
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so, that's when I gave him those.
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He didn't ask me
for anything towards bills
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- for that apartment...
- Is Scrappy totally paid for?
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- No.
- How much is owed?
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$2,300.
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So, the only amount
that was paid so far was $700.
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Yes, Your Honor.
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{\an8}This is what happens,
cos relationships come and go, you know,
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{\an8}Fifty percent of the marriages
in this country fail,
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{\an8}so, why would you think a relationship
is gonna last as long as a French Bulldog?
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{\an8}Jasmine Jones
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{\an8}claims her ex-boyfriend,
Jushua Caldwell,
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owes for the cost of a French Bulldog.
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Jushua is countersuing
for vandalism and an assault.
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Okay, and this is an agreement
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{\an8}that, "I, Jushua Caldwell,
have agreed to buy Cashmere..."
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{\an8}That was his name originally.
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{\an8}"...from Frederick Wright.
Once the dog's paid in full,
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I will receive full ownership rights.
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Frederick Wright will remain
the rightful owner of Cashmere
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until I complete $3,000 in payments."
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- Right?
- Correct.
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And both of you signed this,
and this was in January of 2022.
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That's a reasonable...
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{\an8}- What are you laughing at?
- I'm not laughing, I'm just like...
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{\an8}when did he even sign that? Because I was
with him the day that we picked him up,
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- and he never showed me any contract.
- Well, but this is reasonable.
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Because he's not transferring
any rights to him.
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He's going to remain the owner.
He's the owner of the dog.
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Until the full amount is
paid for the dog of $3,000.
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Right now, he said
that the only thing was paid was $700.
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Go ahead, now I'll hear you.
Now I got it. Now you can sit down.
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When I was present for us picking up
Scrappy and purchasing him,
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it was word of mouth contract.
There was no paper signing.
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At all. He didn't even show me a paper.
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- And?
- And he showed me him,
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00:08:32,667 --> 00:08:34,767
{\an8}he asked me if I liked him.
I said, "Yes,"
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{\an8}and he said he would go
half on him with me.
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Okay.
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And I said, "Okay,"
and it was that same day.
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I get off of work. He picks me up.
We go see Scrappy,
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didn't know we were
going to get him that day.
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We ended up getting him that day.
He tells me,
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"Okay, it's just gonna be $3,500."
They walk to the back of the room
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and start talking and making an agreement.
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- Come back out...
- Okay, so, just a second.
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00:08:55,867 --> 00:08:58,100
So, they went in the back of the room.
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You were not there.
That's what you just told me.
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00:09:00,500 --> 00:09:02,433
They went in the back
to make an agreement.
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And then they came out.
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00:09:03,900 --> 00:09:05,000
Is... that's what...
196
00:09:06,133 --> 00:09:08,533
"He tells me it's going to be $3,500.
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00:09:08,533 --> 00:09:11,000
They walk to the back of the room,
make an agreement."
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00:09:11,000 --> 00:09:12,333
Right. Go ahead.
199
00:09:12,333 --> 00:09:14,567
And then he comes back
and we take Scrappy home.
200
00:09:14,567 --> 00:09:16,767
The next day he texts me
201
00:09:16,767 --> 00:09:20,133
early in the morning and tells me that
Scrappy might have gotten a bee sting
202
00:09:20,133 --> 00:09:23,900
or... something because he was limping
and he doesn't know what happened.
203
00:09:23,900 --> 00:09:28,667
I picked him up from his job
that afternoon, after I got off of work.
204
00:09:28,667 --> 00:09:30,734
Okay, so you picked up
the dog from his work.
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00:09:30,734 --> 00:09:34,266
Yes, picked him up and I went
straight to my mom's house to get clothes,
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00:09:34,266 --> 00:09:35,967
'cause I was going back to his house.
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00:09:35,967 --> 00:09:40,166
And I was examining Scrappy.
No swollen paw, no bee sting.
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00:09:40,166 --> 00:09:43,367
Then he said that he probably
clipped his nail on the tile
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00:09:43,367 --> 00:09:44,834
and I'm just, like, looking at his paw
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00:09:44,834 --> 00:09:46,967
and I'm like, there's nothing wrong
with it. But he's limping.
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00:09:46,967 --> 00:09:50,100
Those were his stories.
Still don't know what happened.
212
00:09:50,100 --> 00:09:53,367
Scrappy wasn't showing any signs of,
like, pain, he was just limping.
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00:09:53,367 --> 00:09:55,600
So, I was like, we need to...
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00:09:55,600 --> 00:09:56,867
we need to take him to the vet, like,
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00:09:56,867 --> 00:09:58,867
- he needs to get checked out.
- So, you took him to the vet.
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00:09:58,867 --> 00:09:59,934
- Okay, and?
- Yes.
217
00:09:59,934 --> 00:10:02,300
The vet ended up telling us that
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00:10:02,300 --> 00:10:03,500
- he had a fractured...
- You can't...
219
00:10:03,500 --> 00:10:07,133
You can't tell me what the vet told you.
I'll look at the records from the vet.
220
00:10:07,133 --> 00:10:08,066
Oh! Okay. Sorry.
221
00:10:08,066 --> 00:10:10,800
I have the vet bills
and the reports right here.
222
00:10:18,500 --> 00:10:20,433
Did you pay any part
of these vet bills, sir?
223
00:10:20,433 --> 00:10:22,367
- Yes.
- Which parts?
224
00:10:22,367 --> 00:10:25,100
I don't have any record of it,
because I didn't see it coming.
225
00:10:25,100 --> 00:10:27,433
I honestly didn't know
what happened to his elbow.
226
00:10:27,433 --> 00:10:31,033
Um, Andrew was there as well.
We were both kind of like, we don't know.
227
00:10:31,033 --> 00:10:35,467
So, I found out after going to
the vet that Frenchies have a... a...
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00:10:35,467 --> 00:10:38,600
like, a ligament in their elbow
and this happens often.
229
00:10:38,600 --> 00:10:40,967
No one is suggesting
that anyone abused the dog.
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00:10:40,967 --> 00:10:42,767
- Okay. Oh, I just...
- That's not the suggestion.
231
00:10:42,767 --> 00:10:44,033
My question was a simple one.
232
00:10:44,033 --> 00:10:45,867
{\an8}Did you pay any of these vet bills?
233
00:10:45,867 --> 00:10:47,700
{\an8}- Yes. Yes.
- They're about $1,600.
234
00:10:47,700 --> 00:10:49,834
- I just don't have any record of it.
- How much did you pay?
235
00:10:49,834 --> 00:10:51,033
- What?
- He's lying.
236
00:10:51,033 --> 00:10:52,533
I didn't ask you to interrupt.
237
00:10:52,533 --> 00:10:55,667
You have to understand, Miss Jones,
you can't have this dog.
238
00:10:55,667 --> 00:10:58,333
First of all, this dog
doesn't belong to either one of you.
239
00:10:58,333 --> 00:11:00,400
This dog belongs to him.
240
00:11:00,400 --> 00:11:02,000
{\an8}Until the dog is paid for.
241
00:11:02,000 --> 00:11:05,567
{\an8}So far, all he's
gotten for the dog is $700.
242
00:11:05,567 --> 00:11:08,433
Five hundred dollars of that,
he paid for.
243
00:11:08,433 --> 00:11:12,734
But right now, I can't award ownership
of the dog if there's a contract.
244
00:11:12,734 --> 00:11:16,700
That until this dog is paid for,
this dog belongs to Mr. Wright.
245
00:11:16,700 --> 00:11:18,133
- First name?
- Frederick.
246
00:11:18,133 --> 00:11:19,600
Frederick. You understand?
247
00:11:19,600 --> 00:11:20,734
- Yes, ma'am.
- Simple.
248
00:11:20,734 --> 00:11:23,500
So, you have a friend who has Frenchies?
249
00:11:23,500 --> 00:11:26,867
Then I suggest
that you go with your original plan,
250
00:11:26,867 --> 00:11:28,600
- which is to buy a dog yourself.
- It's just...
251
00:11:28,600 --> 00:11:29,734
- not the same.
- Now,
252
00:11:29,734 --> 00:11:32,667
you have no proof
that you paid any of these vet bills.
253
00:11:32,667 --> 00:11:35,700
{\an8}I just have the medicine
with my name on it.
254
00:11:35,700 --> 00:11:37,734
{\an8}Well, the medicine
with your name on it doesn't help.
255
00:11:37,734 --> 00:11:40,033
$1,600 in vet bills.
256
00:11:40,033 --> 00:11:43,633
And you have physical custody
of the dog now. Right?
257
00:11:43,633 --> 00:11:47,166
- Right.
- And your agreement with Mr. Wright
258
00:11:47,166 --> 00:11:50,834
is that you don't get ownership
of that dog
259
00:11:50,834 --> 00:11:52,500
- until the dog is paid for.
- Yeah.
260
00:11:52,500 --> 00:11:56,100
I mean, I can't enforce your contract
with regard to Miss Jones.
261
00:11:56,100 --> 00:11:57,367
The dog was not paid for.
262
00:11:57,367 --> 00:11:59,333
I've already offered to pay him
263
00:11:59,333 --> 00:12:02,100
for the remainder
of whatever Jush hadn't paid him.
264
00:12:02,100 --> 00:12:05,367
The contract is with Mr. Caldwell,
not you.
265
00:12:05,367 --> 00:12:09,467
So, that's what happens when foolish
young people decide to own a dog together.
266
00:12:09,467 --> 00:12:12,667
And they're not married,
they don't even live together.
267
00:12:12,667 --> 00:12:16,200
This is what happens, 'cause relationships
come and go, you know,
268
00:12:16,200 --> 00:12:18,934
fifty percent of the marriages
in this country fail,
269
00:12:18,934 --> 00:12:23,967
so why would you think a relationship is
going to last as long as a French Bulldog?
270
00:12:23,967 --> 00:12:27,333
It's sort of ridiculous and I've advised
against it for the last 25 years
271
00:12:27,333 --> 00:12:31,333
nobody wants to head the...
so, I'm faced with the situation where...
272
00:12:31,333 --> 00:12:32,967
when did the two of you break up?
273
00:12:32,967 --> 00:12:35,600
I left on September 3rd.
274
00:12:35,600 --> 00:12:37,500
And now we're a couple of months... what?
275
00:12:37,500 --> 00:12:39,934
Uh, she didn't leave. She had to be...
276
00:12:39,934 --> 00:12:42,533
well, this...
is going to go into the assault charge.
277
00:12:42,533 --> 00:12:43,734
- I don't...
- But...
278
00:12:43,734 --> 00:12:44,934
- she had to be escorted out...
- I did leave.
279
00:12:44,934 --> 00:12:46,734
Whatever. If... I don't care. You wanna...
280
00:12:46,734 --> 00:12:48,200
- ...clothes...
- You... shh
281
00:12:48,567 --> 00:12:50,767
I'll get to the counterclaim in a second.
282
00:12:50,767 --> 00:12:53,967
{\an8}I will give it the same attention as
I've given her claim for the dog.
283
00:12:53,967 --> 00:12:56,333
{\an8}She's not getting the dog back.
You have to, however,
284
00:12:56,333 --> 00:12:59,600
{\an8}pay her the $1,600 that you paid
for the vet. Do you understand?
285
00:12:59,600 --> 00:13:00,600
- Yes.
- So, that part
286
00:13:00,600 --> 00:13:02,166
of your petition is granted.
287
00:13:02,166 --> 00:13:04,000
Was the bill all paid?
288
00:13:04,000 --> 00:13:06,100
I'm still paying it off currently.
289
00:13:06,100 --> 00:13:09,367
We both agreed to apply
for care credit together and whoever...
290
00:13:09,367 --> 00:13:11,500
But it's your bill that you have to pay.
291
00:13:11,500 --> 00:13:14,033
If you work in accounting,
you have a check...
292
00:13:14,033 --> 00:13:15,166
- Yes.
- ...you don't want that garnished,
293
00:13:15,166 --> 00:13:16,800
- so, you have to pay it.
- I am paying it.
294
00:13:16,800 --> 00:13:18,433
You have to pay it. Okay.
295
00:13:18,433 --> 00:13:22,200
And he's going to reimburse you for that.
$1,600, all right.
296
00:13:22,200 --> 00:13:24,934
Now, let's get to this counterclaim
and make short shrift of it.
297
00:13:24,934 --> 00:13:28,867
Money owed for assault
and vandalizing personal belongings.
298
00:13:28,867 --> 00:13:30,767
Let's start with the assault.
299
00:13:30,767 --> 00:13:33,166
Allegedly the assault
took place when the...
300
00:13:33,667 --> 00:13:36,633
Plaintiff came home intoxicated.
301
00:13:36,633 --> 00:13:37,834
I'm a kickboxer.
302
00:13:37,834 --> 00:13:41,033
On September 3rd she came to
my fight and...
303
00:13:41,033 --> 00:13:42,467
she dropped me off at home.
304
00:13:42,467 --> 00:13:43,467
That's a lie.
305
00:13:43,467 --> 00:13:44,967
If you say it again,
306
00:13:44,967 --> 00:13:48,233
what I'm going to do
if you interrupt, Miss Jones,
307
00:13:48,233 --> 00:13:52,400
again, what I'm going to do
is I'm just going to dismiss your claim.
308
00:13:52,400 --> 00:13:54,367
And you'll pay
for these vet bills yourself.
309
00:13:54,367 --> 00:13:55,767
- Do you understand?
- Yes, ma'am.
310
00:13:55,767 --> 00:13:56,900
Okay. Go ahead.
311
00:13:56,900 --> 00:14:00,233
She didn't like the people
that was at my fight there, and, uh,
312
00:14:00,233 --> 00:14:03,133
so she had a couple drinks,
she get to my house
313
00:14:03,133 --> 00:14:05,600
and she started to fight with me. And...
314
00:14:05,600 --> 00:14:09,333
I tried to remove myself from the fight
and then she started getting violent.
315
00:14:09,333 --> 00:14:12,133
So, then I called her family
to come pick her up
316
00:14:12,133 --> 00:14:14,333
and they showed up maybe an hour later.
317
00:14:14,333 --> 00:14:17,667
{\an8}In that hour,
I tried to remove myself to another room.
318
00:14:17,667 --> 00:14:20,834
{\an8}She went and got scissors
and started cutting my shoes up.
319
00:14:20,834 --> 00:14:24,700
Then I had to try to grab my shoes
and Scrap and go into the opposite room
320
00:14:24,700 --> 00:14:26,734
and she came in there
and was trying to fight me.
321
00:14:26,734 --> 00:14:28,166
All the while, all this happening,
322
00:14:28,166 --> 00:14:31,333
I'm recording her
on video to make sure that I'm...
323
00:14:31,333 --> 00:14:32,633
- You have that recording?
- Yes.
324
00:14:32,633 --> 00:14:33,834
I'd like to see it.
325
00:14:36,233 --> 00:14:38,500
This would be me asking her
just to leave.
326
00:14:38,500 --> 00:14:40,100
{\an8}- I can... I can...
- This whole thing is out of retaliation.
327
00:14:40,300 --> 00:14:41,567
What are you about to do?
328
00:14:41,567 --> 00:14:43,166
Are you hitting me in the face?
329
00:14:43,166 --> 00:14:44,333
Record me?
330
00:14:44,867 --> 00:14:46,200
Because I want my dog?
331
00:14:46,400 --> 00:14:47,467
She won't stop fighting me.
332
00:14:47,467 --> 00:14:48,533
I've asked her to leave.
333
00:14:48,533 --> 00:14:49,934
Explain that to me.
334
00:15:01,500 --> 00:15:02,834
{\an8}Jasmine Jones
335
00:15:02,834 --> 00:15:06,233
{\an8}is accusing her ex-boyfriend,
Jushua Caldwell,
336
00:15:06,233 --> 00:15:09,000
of owing vet bills for a French Bulldog.
337
00:15:09,000 --> 00:15:10,667
Jushua is countersuing,
338
00:15:10,667 --> 00:15:12,867
claiming Jasmine assaulted him.
339
00:15:12,867 --> 00:15:14,233
Okay. You have that recording?
340
00:15:14,233 --> 00:15:15,500
- Yes.
- I'd like to see it.
341
00:15:15,500 --> 00:15:17,834
This would be asking her just to leave.
342
00:15:17,834 --> 00:15:19,467
This whole thing is out of retaliation.
343
00:15:20,967 --> 00:15:22,433
Are you hitting me in the face?
344
00:15:22,433 --> 00:15:23,467
Record me?
345
00:15:24,200 --> 00:15:25,533
Because I want my dog?
346
00:15:25,734 --> 00:15:26,800
She won't stop fighting me.
347
00:15:26,800 --> 00:15:27,967
I've asked her to leave.
348
00:15:28,400 --> 00:15:29,667
Your stuff is in bags.
349
00:15:29,867 --> 00:15:31,300
You're such a _______ Josh.
350
00:15:31,300 --> 00:15:33,066
Okay. There you go again.
351
00:15:33,367 --> 00:15:35,033
There you go again on camera hitting me.
352
00:15:35,500 --> 00:15:36,533
On camera hitting me.
353
00:15:37,667 --> 00:15:38,533
It's on camera.
354
00:15:40,567 --> 00:15:41,500
You see her hitting me?
355
00:15:41,900 --> 00:15:42,800
There you go.
356
00:15:44,133 --> 00:15:45,100
Explain that to me.
357
00:15:45,100 --> 00:15:47,300
I wasn't dropping him off.
We were still...
358
00:15:47,300 --> 00:15:50,033
I don't care what you're dropping off.
Explain that video to me.
359
00:15:50,033 --> 00:15:53,900
I was pushing the phone out of my face
because he had me on live
360
00:15:53,900 --> 00:15:56,500
and was saying my full name.
He cut off parts of it.
361
00:15:56,500 --> 00:15:58,166
- Saying my full name...
- I just want to know what happened here.
362
00:15:58,166 --> 00:16:00,867
This was clearly you were going after him.
363
00:16:00,867 --> 00:16:04,233
I was knocking the phone out of his hand
because he was saying my full name,
364
00:16:04,233 --> 00:16:05,400
saying I was crazy.
365
00:16:05,400 --> 00:16:07,800
I had already packed my stuff.
I was leaving.
366
00:16:07,800 --> 00:16:10,900
{\an8}We walk in the house,
he calls me a dumb 'B'
367
00:16:10,900 --> 00:16:12,567
{\an8}and then goes straight to the bathroom.
368
00:16:12,567 --> 00:16:14,033
I'm like, okay, well,
I'm just gonna leave,
369
00:16:14,033 --> 00:16:15,300
like, I'm not gonna deal with this.
370
00:16:15,300 --> 00:16:18,133
I had Scrappy by my side.
I was packing what I could,
371
00:16:18,133 --> 00:16:20,400
taking it downstairs.
I walk back up,
372
00:16:20,400 --> 00:16:21,734
he goes, "Oh, you're leaving?"
373
00:16:21,734 --> 00:16:25,266
And he snatches Scrappy
and locks him in the bedroom.
374
00:16:25,567 --> 00:16:28,400
And then when he goes
to open the door is when I barge in
375
00:16:28,400 --> 00:16:30,767
and I'm just like,
"Give me my dog so I can leave."
376
00:16:30,767 --> 00:16:31,767
- And he's...
- Well, I wanna know what
377
00:16:31,767 --> 00:16:33,500
the violent stuff was about.
378
00:16:33,500 --> 00:16:35,767
- He was recording me, saying my name.
- He was recording...
379
00:16:35,767 --> 00:16:38,266
- He was recording you.
- And saying I was crazy,
380
00:16:38,266 --> 00:16:42,066
and I wouldn't get out of the house,
and I was like, "Stop recording me."
381
00:16:42,066 --> 00:16:43,734
And I was just hitting the phone
out of his hand.
382
00:16:43,734 --> 00:16:45,734
I never once put my hands on him.
383
00:16:45,734 --> 00:16:48,367
He's already hit me
and choked me in the past, so,
384
00:16:48,367 --> 00:16:52,367
{\an8}I would not go there
to provoke him to hurt me again.
385
00:16:52,367 --> 00:16:54,500
Did you ever report to anyone
that he hurt you?
386
00:16:54,500 --> 00:16:57,200
- I told my mom.
- Did you ever report?
387
00:16:57,433 --> 00:16:58,367
No, I didn't.
388
00:16:58,367 --> 00:16:59,900
Mr. Caldwell.
389
00:16:59,900 --> 00:17:01,367
- Yeah?
- Were you injured?
390
00:17:01,367 --> 00:17:03,467
I mean, I'm a fighter.
I'm not gonna...
391
00:17:03,467 --> 00:17:05,567
- Were you injured, is my question.
- No.
392
00:17:05,567 --> 00:17:06,900
Her family came?
393
00:17:07,200 --> 00:17:09,100
- Yeah.
- The police were not called.
394
00:17:09,100 --> 00:17:11,000
You called her family instead.
395
00:17:11,000 --> 00:17:13,200
Did you pick her up?
Stand up, please.
396
00:17:13,200 --> 00:17:15,133
- You're her mother?
- Yes I am.
397
00:17:15,133 --> 00:17:18,900
Okay. And this incident happened
on what date? When he called you.
398
00:17:18,900 --> 00:17:20,367
It was about three o'clock in the morning.
399
00:17:20,367 --> 00:17:21,300
- Right.
- On...
400
00:17:21,300 --> 00:17:22,967
Shh, don't interrupt.
401
00:17:22,967 --> 00:17:24,834
- On what date?
- Labor Day.
402
00:17:24,834 --> 00:17:26,633
Did you go to Mr. Caldwell's home?
403
00:17:26,633 --> 00:17:28,567
- Yes I did.
- What time did you get there?
404
00:17:28,567 --> 00:17:29,533
Probably almost four.
405
00:17:29,533 --> 00:17:33,266
Had Mr. Caldwell ever called you before
with regard to picking up your daughter
406
00:17:33,266 --> 00:17:34,967
- or that she was... no.
- No.
407
00:17:34,967 --> 00:17:37,600
- So, this was a first.
- Yes.
408
00:17:37,600 --> 00:17:40,900
Now, when you got there,
I want you to describe what you saw.
409
00:17:40,900 --> 00:17:42,467
She was crying, she was upset,
410
00:17:42,467 --> 00:17:45,133
{\an8}and I told her, "Come on, let's just go."
411
00:17:45,133 --> 00:17:49,000
{\an8}And she said, "No, I want to get my dog.
I can't leave my dog here."
412
00:17:49,000 --> 00:17:51,000
He's been violent
in the past, I've seen it.
413
00:17:51,000 --> 00:17:53,633
I told her, "Don't ever leave him
with him again."
414
00:17:53,633 --> 00:17:56,333
After a beach incident where he,
like, hit him.
415
00:17:56,333 --> 00:17:58,867
I mean, he's a kickboxer, like he said.
416
00:17:58,867 --> 00:18:02,633
He doesn't hit the dog like,
a normal person would just tap a dog.
417
00:18:02,633 --> 00:18:05,834
No. This was back in July.
He was a puppy. He was a baby.
418
00:18:05,834 --> 00:18:08,200
And I was so furious when I saw that.
419
00:18:08,200 --> 00:18:11,033
He only did it because
the dog snapped at him
420
00:18:11,033 --> 00:18:14,800
because he was angrily packing him
up into a dog carrier.
421
00:18:14,800 --> 00:18:18,433
Would you do me a favor? Would you
describe to me your daughter's condition?
422
00:18:18,433 --> 00:18:20,500
- Oh, I'm sorry. I'm sorry.
- Describe to me...
423
00:18:20,500 --> 00:18:24,467
You have to understand.
Your daughter cannot get the dog.
424
00:18:24,467 --> 00:18:27,266
The dog does not belong to the Defendant.
425
00:18:27,266 --> 00:18:30,166
- Okay.
- The dog belongs to Mr. Wright.
426
00:18:30,166 --> 00:18:33,600
What happens to the $1,310
she spent for the dog?
427
00:18:33,600 --> 00:18:35,166
- Well, I... just...
- She sent that money to him.
428
00:18:35,166 --> 00:18:36,467
I have to tell you something.
429
00:18:36,467 --> 00:18:40,533
I don't see anything
in your daughter's evidence
430
00:18:40,533 --> 00:18:45,200
that suggests to me
that any payments that she made to him
431
00:18:45,200 --> 00:18:47,600
had anything to do with the dog.
432
00:18:47,600 --> 00:18:49,033
Anything to do with the dog.
433
00:18:49,033 --> 00:18:50,967
Mr. Wright was very clear.
434
00:18:50,967 --> 00:18:54,400
He said he received $700 for the dog.
435
00:18:54,400 --> 00:18:59,967
There were two payments
that were identified in his register
436
00:19:00,100 --> 00:19:01,967
as payments for Scrappy.
437
00:19:01,967 --> 00:19:04,800
There is absolutely nothing
in your daughter's register
438
00:19:04,800 --> 00:19:09,533
that she gave me of these odd payments,
$160 or $70,
439
00:19:09,533 --> 00:19:12,300
say Scrappy on it. Not one.
440
00:19:12,300 --> 00:19:16,500
So, I've already made a determination
of where the dog is staying.
441
00:19:16,500 --> 00:19:21,333
The dog is staying wherever
Mr. Wright wants the dog to stay.
442
00:19:21,333 --> 00:19:23,600
- 'cause he owns the dog.
- Okay.
443
00:19:23,600 --> 00:19:24,767
- Understand?
- Yes.
444
00:19:24,767 --> 00:19:27,934
So, now, that's your daughter's case.
445
00:19:27,934 --> 00:19:29,967
I finished that part of the case.
446
00:19:29,967 --> 00:19:32,633
What I want to know is,
he has a counterclaim,
447
00:19:32,633 --> 00:19:34,867
and his counterclaim was
that your daughter,
448
00:19:34,867 --> 00:19:38,667
while in an intoxicated state,
assaulted him.
449
00:19:38,667 --> 00:19:41,367
Some of that I saw on this video.
450
00:19:41,367 --> 00:19:43,934
Some of it you saw on the video.
451
00:19:43,934 --> 00:19:46,633
Mr. Caldwell was... honest.
452
00:19:46,633 --> 00:19:50,200
Because it doesn't look as if he was
injured as a result of that.
453
00:19:50,200 --> 00:19:55,066
And I'm absolutely
not discounting the fact that
454
00:19:55,066 --> 00:19:57,800
no one should put their hands
on somebody else,
455
00:19:57,800 --> 00:20:00,367
but an assault requires an injury.
456
00:20:00,367 --> 00:20:02,767
And, so, if this is an attack...
457
00:20:02,767 --> 00:20:04,633
- Is that dog sleeping?
- No, that's...
458
00:20:04,633 --> 00:20:06,633
- That is so funny.
- He grunts all the time.
459
00:20:06,633 --> 00:20:07,900
That is so funny.
460
00:20:09,033 --> 00:20:10,834
So, Mr. Caldwell.
461
00:20:10,834 --> 00:20:16,333
Can you show me what damage you allege
Miss Jones caused your property?
462
00:20:16,333 --> 00:20:17,600
That's the next thing.
463
00:20:17,600 --> 00:20:21,900
You said an assault, which never happened,
because there was no physical injury.
464
00:20:21,900 --> 00:20:23,967
Would you mind telling me, please,
465
00:20:23,967 --> 00:20:27,667
what property specifically
and photographs of that property?
466
00:20:27,667 --> 00:20:29,000
- I don't have it.
- Okay, so,
467
00:20:29,000 --> 00:20:30,433
your counterclaim's dismissed.
468
00:20:30,433 --> 00:20:33,033
Judgement for the Plaintiff in
the amount of $1,600
469
00:20:33,033 --> 00:20:37,734
for the vet bills that she paid,
or is obligated to pay on her credit.
470
00:20:37,734 --> 00:20:39,767
It's not assault unless I get hurt?
471
00:20:39,767 --> 00:20:42,166
Yes, it's not an assault
unless there is an injury.
472
00:20:42,166 --> 00:20:43,734
- So, if I was drunk beating her up
- That is an attempt...
473
00:20:43,734 --> 00:20:44,834
- at her house?
- Just a second, if that's
474
00:20:44,834 --> 00:20:47,867
an attempted... sir,
it's an attempted assault.
475
00:20:48,400 --> 00:20:51,967
Do you understand?
If an assault has a specific definition.
476
00:20:51,967 --> 00:20:54,367
I believe she probably
attempted to assault you
477
00:20:54,367 --> 00:20:56,900
when she touched you
in an unauthorized manner.
478
00:20:56,900 --> 00:20:58,433
She was punching me
in the face, that's not an...
479
00:20:58,433 --> 00:21:00,233
- Show me a picture of any injury.
- It was in the...
480
00:21:00,233 --> 00:21:03,066
Show me... no. I didn't see that
in the video, sir.
481
00:21:03,066 --> 00:21:04,767
I saw her lunging towards you.
482
00:21:04,767 --> 00:21:07,433
Do you understand?
I saw her lunging towards you.
483
00:21:07,433 --> 00:21:08,633
- All right.
- I didn't see her hit you,
484
00:21:08,633 --> 00:21:11,133
I didn't see a photograph of any injury,
485
00:21:11,133 --> 00:21:12,700
I didn't see a police report
486
00:21:12,700 --> 00:21:14,400
- where you reported any injury.
- She has police
487
00:21:14,400 --> 00:21:16,834
report incidences with her being drunk
and fighting other men.
488
00:21:16,834 --> 00:21:20,000
Okey dokey.
Did you understand what I said?
489
00:21:20,000 --> 00:21:23,033
An assault requires injury.
490
00:21:23,033 --> 00:21:26,266
An attempted assault does not.
491
00:21:26,266 --> 00:21:27,867
And attempted assault is a crime.
492
00:21:27,867 --> 00:21:31,667
But it's a crime which I choose,
because of the circumstances here,
493
00:21:31,667 --> 00:21:34,767
not to consider and not
to award you any cash award
494
00:21:34,767 --> 00:21:36,934
because you were not injured in any way.
495
00:21:36,934 --> 00:21:41,367
So, unless you have photographs
of the pair of shoes that you say she cut,
496
00:21:41,367 --> 00:21:43,767
or something else,
I'm dismissing your counterclaim.
497
00:21:43,767 --> 00:21:46,166
We got it? Good. Okay.
498
00:21:46,166 --> 00:21:49,867
Judgement for the Plaintiff in the amount
of $1,600. Thank you very much.
499
00:21:49,867 --> 00:21:51,734
This court is adjourned.
500
00:21:51,734 --> 00:21:55,433
Scrappy was not just, like,
a dog or a pet, like,
501
00:21:55,433 --> 00:21:57,667
he was my support.
502
00:21:57,667 --> 00:22:00,433
I mean, it was fair. Obviously she
had nothing to do with the dog.
503
00:22:00,433 --> 00:22:04,633
{\an8}It's expected because he lied the entire
time that we were together.
504
00:22:04,633 --> 00:22:05,633
And that's a lie.
505
00:22:05,633 --> 00:22:10,100
{\an8}Him not to have given him any of
the money that I put towards Scrappy.
506
00:22:10,100 --> 00:22:13,800
{\an8}She literally just got all
the transactions that we've ever done
507
00:22:13,800 --> 00:22:17,033
between each other on Venmo
or Zelle and brought that to court.
508
00:22:17,033 --> 00:22:20,066
{\an8}Now I just think, like, he was pocketing
that money the entire time.
509
00:22:20,066 --> 00:22:22,967
And that's why it was dismissed,
because it wasn't valid at all.
510
00:22:26,433 --> 00:22:31,333
So, I disagree with you a little bit
on the countersuit of the assault charge.
511
00:22:31,333 --> 00:22:33,100
I have a more... Common law...
512
00:22:33,100 --> 00:22:35,800
So, assault versus battery,
as far as I learned,
513
00:22:35,800 --> 00:22:39,367
was assault was just
the imminent threat of a harm.
514
00:22:39,367 --> 00:22:42,633
You're fearing for your life
or offensive contact of some sort.
515
00:22:42,633 --> 00:22:45,834
Whereas, battery is the actual
offensive touching.
516
00:22:45,834 --> 00:22:47,367
There has to be some sort of contact.
517
00:22:47,367 --> 00:22:50,300
So, if we're ruling by common law,
which I know we're not bound
518
00:22:50,300 --> 00:22:52,467
by any particular state's jurisdiction,
519
00:22:52,467 --> 00:22:55,900
I would have awarded him something
for the assault claim.
520
00:22:55,900 --> 00:22:58,266
- My training is in New York...
- Mm-hmm.
521
00:22:58,467 --> 00:23:01,867
and in New York,
there is no crime of battery.
522
00:23:01,867 --> 00:23:03,667
My training was, it's assault.
523
00:23:03,667 --> 00:23:08,200
And for an assault, there has to be
a physical touching and injury.
524
00:23:08,200 --> 00:23:09,700
And an attempted assault
525
00:23:09,700 --> 00:23:13,700
is placing someone in fear
of imminent physical injury.
526
00:23:13,700 --> 00:23:17,233
I think you're probably right that there
are jurisdictions that are different.
527
00:23:17,233 --> 00:23:22,100
We didn't actually see
any contact between her and him.
528
00:23:22,100 --> 00:23:23,700
- And he was honest, he said,
- We saw... yeah.
529
00:23:23,700 --> 00:23:25,734
"You know, obviously I didn't
have any injuries, but..."
530
00:23:25,734 --> 00:23:29,100
Right. Just says he didn't have
any evidence to support
531
00:23:29,100 --> 00:23:33,433
the fact that she had destroyed
or damaged some of his personal property.
532
00:23:33,433 --> 00:23:37,066
Unfortunate, but you'd make a good point
with regard to the assault.
533
00:23:38,700 --> 00:23:42,767
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