He got you into the store?
He was very aggressive and pushy.
And the next thing, I knew, he was practically on top of me.
And you said you felt as if you couldn't leave?
I've been held against my will before, and kidnapped.
And I was literally traumatized at that point.
This is Judy Justice.
Linda Bernardasci is suing salesman Eric West
for the cost of skin care products.
Court, come to order. All rise.
Have a seat, please.
- Hello, Judge. - Hello, Kevin.
Case number 2114, Bernardasci versus West.
- Thank you. - You're welcome.
Would you pronounce your last name for me?
- Bernardasci. - Bernardasci.
- Yes. - Well, I read your complaint.
I somehow was taken back to my own experience
just walking down any street that has a new cosmetic place.
So I sort of, leave. I understand what your experience was,
at least initially, with Mr. West.
Mr. West, you're a salesman for what company?
And where are they located?
Well, they're all over the United States,
but I worked for one in San Francisco.
Where are the products manufactured?
- In California, actually. - Where?
Chatsworth, California.
Okay. And they have brick-and-mortar stores
- all over the country? - Mm-hmm.
And they have many products, but under that one name?
Yeah, they have many products.
Many products, but they're all...?
Yes. They have multiple products
and multiple locations all through California,
and it looks like a bit of Arizona as well.
- How many? - Upwards of 20 locations.
Okay. And can you tell me, Sarah,
- is it a corporation? - I'd assume so,
their about page.
How long have you worked for the company, sir?
That company in that location, about three years.
Where is the corporate headquarters for the company?
It's located in San Mateo.
Do you know if the company was incorporated
in the State of California?
- Yes, I believe it was. - Under that name?
- Mm-hmm. - Uh-huh is not an answer.
Oh. Yes. Sorry. My apologies.
It look like it was
an LLC out of Oregon,
but it is listed as inactive
as of 12/22 of 2020.
There's no company in California?
It just says the jurisdiction in which the LLC was created
is Oregon, that's as far as I could tell.
They have a company address that's listed
in a head office in Portland, Oregon.
What do you know about Portland, Oregon?
It's a lot of, lot of, um, hippies.
Lot of hippies.
- What about your company? - Oh.
Do you know anything about your company?
Yes, um, I think it's probably another location there, as well.
Do you know anything about the company
that you work for? Was it incorporated
in the State of Oregon?
No, it was incorporated in California,
and, um, I think Oregon, maybe, they, maybe, has a franchise?
I can't tell from public records anything further.
From the State of California?
I tried looking up their headquarter information, and all I got
was this Cosmetics, LLC, from Oregon.
And while I'm taking this information, I want you to take a look
and see if there are any court cases.
Let's try the State of California and the State of Oregon.
- Sure. - And the only thing
that you could find was the Oregon company under that name
that is no longer active?
It might not be... they might not be the same company,
but it has the same name listed in Oregon,
so I would assume so, but there's no information
on their website about their headquarter information.
Anyway, Ms. Bernardasci, try to think of the date
that you made these purchases. What date was it?
It was February the 21st, 2022.
And you were shopping, you were walking with your dog?
- Mm-hmm. - That a little dog?
- Yes. - What kind of dog?
- A Shih Tzu. - A Shih Tzu?
- My fave. - Oh, yeah, mine, too.
She's my third one.
You were walking in a mall, what mall and where?
In Santa Clara, California.
That's where you were working?
- Mm-hmm. - How long
- had you been working there? - Three years.
Okay, this is what the case is about, as far as I can tell.
You were walking, was it this gentleman
who was standing outside?
- No, it was not. - It was somebody else?
- It was somebody else. - It was somebody else.
One of the other people who works at your business?
I was the one who'd offered her a sample.
- Outside? - No, in the front of the store.
Well, but it's in the front of the store?
I didn't step outside of the store,
I was in the front of our store, not outside of it,
but inside the store, and I handed her a sample.
Just a second.
Sort of inconsistent with my life's experience
of these things, but let's see.
- Had you gone to his store? - No.
You're walking through the mall, is it an indoor mall
- or an outdoor mall? - Indoor.
And when you passed that store, tell me what happened.
I was en route to a specific store.
A man with a basket was standing in front of the store.
So, there was a man outside with a basket?
- With a basket, holding... - Where outside?
Right outside of the store.
- And it wasn't this gentleman? - No, it was not.
Tell me what the person looked like,
- who gave you this sample? - He was, he, I believe
he was Caucasian. He was shorter than Eric.
I believe he was partially bald,
and I believe he wore glasses, but I can't be sure.
I would know him if I saw him.
Okay. And, so continue with your story.
You're standing there with a basket of samples outside the store.
- Okay. - It's totally consistent
with my own personal experience.
Okay. So, he offered me a sample
of a product, and I said, "No, thank you, I'm not interested."
And he said, "No, please," he said, "you'll like it."
And I said, "I really, I'm in a hurry,
and I'm not interested in any of your products."
At that point, Eric walked a couple of steps out
from the store, and started showering my dog
and myself with compliments.
Just, like, over the top.
And he said, "Why don't you come in my store?
I've got a surprise for you.
You are going to love me," he said.
- I said... - So he was doing
- his salesman shtick. - Yeah. Yeah.
And from the smile on his face, it's exactly what he was doing,
his salesman shtick.
- Yeah, and pretty much... - You work on commission.
- Yes. - Right. Okay.
So now, he's showering both you and your little Shih Tzu
with compliments, and how beautiful the Shih Tzu is,
and how he's gonna give you things that are gonna take away this line
and that line, and this crease, whatever.
And I'm such a sweet and kind person
that, you know, he's got a surprise for me...
I got it. Okay. Go ahead. So he got you into the store.
Uh-huh. At that point, he asked me to have a seat.
And again, I said, really, I'm not interested,
I want to go.
So then, someone took my dog...
- Where was the dog? - On a leash in my hand.
And, uh, he says, "Here, I'll take your dog.
And I said, "No, I'll hold her."
And he said, "No, I'm gonna take care of her."
And I'm going, "Wait a minute."
And next thing I knew, Eric was practically on top of me.
This chair was located in a position...
Well, his chair was much higher than mine.
So you were sitting in a chair like mine?
Yeah. Well, a, a chair, just, like a...
- A make-up chair? - Yeah.
Or a hairdresser's chair?
Kind of like a, a make-up chair.
And he was sitting on a chair or a stool?
- A stool. - Stool. Is that right, Eric?
- I'm talking to you. - Yes, Your Honor.
Okay, that's a yes. Okay.
And your stool was higher than her chair?
That is incorrect. We both were sitting on stools.
- The same stool? - The same stool.
- Was yours higher? - No. It was the same size.
Okay. Go ahead.
So, at that point, he just started applying different products
to my, I believe he started with my hand,
and then, uh, "Look here, let me try some of this on your face."
And I'm looking around for my dog,
like, what's going on here?
And, 'cause he was very aggressive and pushy and...
Just tell me what he did, without trying to editorialize.
- Okay. So, basically, he... - Not basically.
He put on all this goop on your face, on your hands,
somebody else in the store was holding your dog
while he was putting this on you.
He didn't force you into the chair,
he aggressively coaxed you into the chair is what you're telling me
by complimenting you.
I mean, he didn't physically drag you into the store,
- you walked in by yourself. - Right.
Okay. He was using his best aggressive salesman routine.
Not easy to get somebody in the store, right, Eric?
I mean, it was never easy to get me in one of those stores,
and I shop with her all the time.
And she's got more lotions and potions
and stuff on her counter than any other human being I know,
and I've never seen anybody successful in giving her a free sample
and getting her into the store.
So you must be very good, 'cause we have a few of those stores
right in the neighborhood.
You must be really talented.
- He is. - Just a second,
so before we finish with her,
and since you originally started, Mr. West, with,
"No, it was me outside",
it wasn't you outside initially, it was somebody else.
You came out afterwards. Well, actually, I believe her.
So, I want you to understand
that her description of the person who initially approached her
was so specific, and then, the fact that you
came out and joined that person, because then you became a tag team,
is totally convincing to me.
I want you to understand that.
I didn't feel that I was going to be able to leave the store.
I've been held against my will before and kidnapped.
And I was literally traumatized at that point.
When were you held against your will and kidnapped?
Linda Bernardasci claims salesman, Eric West,
owes her a refund for skin care products she never wanted.
Do you have family, Eric?
Yes, I do, Your Honor.
Living family?
- Yes, I do. - Okay.
You don't want to make a fool out of yourself here, right?
- Absolutely not. - Great.
So I want you to understand that I believe the plaintiff
when she tells me you weren't the initial person
out there who stopped her with a free sample.
I was the only one working that day, Your Honor.
- I don't believe you. - Okay.
Because you couldn't have got her where you got her to,
which is the story she's gonna finish,
'cause by the time she got out of the store,
she had $8,000 worth of your products.
Which is also not accredited by the Better Business Bureau
and has multiple complaints out against them.
So, just for the record.
No, that's an important record.
Keep looking.
Okay, so, at that point,
I decided I'm going to leave, and take my dog,
and get out of here.
And I attempted to get up,
and he was sitting higher up than I was,
and in such close proximity,
that I was unable to fully stand up.
And as he saw me attempting,
he comes back over with another product.
He was across the store, and...
Well, if he was across the store, Ms. Bernardasci,
if he was across the store, then he wasn't hovering over you.
So, what I tried to tell you before is, I want you to tell me
not what you think is best for your case,
either he's standing over you so you couldn't get up,
or he's across the room.
If he's across the room, 'cause he went to get another product,
you could've gotten up and left.
No, actually, he wasn't across the room,
he was just, like, I think it was at the desk behind...
Whatever, he wasn't right on top of you.
- Uh, no, but... - You don't understand,
I don't believe that you were held against your will
in the store.
I don't believe that they did that.
I think he was overly aggressive, and he chose a target.
- Yeah, and I... - Okay.
And at what point did you purchase all of this product?
Which is the subject of this case, because you want your money back.
I didn't feel that I was going to be able to leave the store.
I've been held against my will before and kidnapped.
And I was literally traumatized at that point.
When were you held against your will and kidnapped?
Oh, this was like... 15 years ago, maybe.
Well, I would remember that, whether it was 15 years ago.
I want you to tell me about that. That forms part of who you are,
and who the person is that I have to consider
with regard to whether or not this was a forced sale,
or just an overly aggressive salesman.
So I want you to tell me, was there a police report
of a prior kidnapping? There was.
- Yes. - And did they actually find people
- who kidnapped you? - Yes.
Was there a trial with regard to those people?
I don't believe so, because the guy was on parole,
and so he didn't want to go to trial.
So, he violated his parole, and he went back to prison?
- Yes. - And that was in California?
Yes. But...
So, when you were in the store,
and you said felt as if you couldn't leave,
you were under pressure, how many people were in the store?
Uh, well, there was Eric, and the gentleman that was standing
outside of the store,
and then a woman came from behind the register,
in the back room. And he was telling me
how this woman is a world-renowned,
uh, facial beauty massage, uh, whatever, expert,
running drag on me, pretty much, let's just put it that way.
Anyway, uh...
Now you're up from your chair.
I want to know how the sale came about.
Well, because I didn't feel that I was going to be able to leave.
Okay, so tell me what happened.
Okay, so, I said, "Look, I don't even have any money to cover this."
- And I'm looking... - To cover what?
- He asked me for my identification... - To cover what?
To cover the cost of these beauty products
he wanted to sell me.
Okay, how many were there?
There was four or five
- different... uh... - Creams.
Creams, and then there was a device
that, I don't know what you call 'em,
but it was a device that he had used on me
while I was sitting in the chair.
And you know, telling me, "Look in the mirror,
doesn't this, you know, can't you tell a big difference?"
He even took my phone and took a picture, a couple pictures of me,
he says, "Lookit," I said, "I can tell a little bit of a difference,
but it's not worth the money, and again, I don't even have the money,
so I really need to go."
So, he asked for my driver's license
to register the product, and then he told me I...
- To register the product? - The product that I bought.
Oh, so you did say you would buy the device?
- Yeah, uh, I... - Just...
You did say you would buy the device?
And how much was the device?
It was just shy of $8,000.
- I've got the receipts... - I'd like to see it.
Do you have it with you?
- Oh, the device? - Yeah.
No, I wish I would've brought it with me,
but I didn't, hasn't been opened.
I still have it. I haven't touched it.
You wanted to see the receipts?
- Yes. - Okay. They're right here.
By the way, what time of day did you go to the store?
This was approximately 6:30, 'cause it was near closing time.
Oh, here's, here's the rest of them, I'm sorry.
Yeah, I was going specifically for one lipstick,
that was, that was all I was at the mall for.
And it was almost closing there.
- Sarah Rose? - Yeah?
Take a look under that name.
I didn't find the device on their website.
- I already looked if that's what... - You looked at this?
3D ultrasound and face, body...?
I just found six products that are creams
for face and body on the website.
I'd like to see what this 3D ultrasound is,
this $8,000 piece of equipment that you sold her.
You have a picture of it?
Okay. Could you get that for me?
He's gonna give it to Sarah. Sarah's gonna look up this nonsense.
Thank you.
Some more receipts.
So, what I see that you did was spread some of this
around different credit cards.
- Yes. - And you want to tell me,
how did that happen?
Well, I said, these aren't even my credit cards.
My roommate's.
And he says, "Well, you could put half on your roommate's credit card,"
and I says, "No, I am not gonna do that."
And, uh, he says, "Yeah, make him pay for it."
And I'm looking at this guy, like, what's going on...
What are you doing with your roommate's credit cards?
Because he's an older gentleman. I've got the power of attorney,
and I shop for him. He's not able to do all that.
Is he a roommate, or are you a caregiver?
Uh, he's a roommate. We've lived together for 30 years.
- Anyway, just as... - He hasn't been old and sick
for 30 years.
- Well, he's kind of... - [chuckles] He may be old
and sick now, but he wasn't old and sick for 30 years.
Oh, well, no, I mean, we were...
Do you live together as a couple for 30 years?
Do you live together as an almost couple?
No. He's like my father, almost.
We each have our separate rooms,
and I pretty much take care of his house and cook for him,
and he doesn't go many places,
he's pretty much a recluse.
He doesn't like to go to the store.
And, uh, so I do all the grocery shopping and everything.
Okay.
Who hired you?
It wasn't a hire.
I was in business with him.
Okay, well, it's getting more interesting.
Who leases the store where you are...
Don't look up in the air.
It... it's gonna get only worse.
Linda Bernardasci
is accusing salesman, Eric West, of holding her against her will,
and selling her an unwanted skin care wand.
Do we have a picture of that thing?
"Rejuven..."
it's... it's...
- Yeah, I have it. - What?
I have it. It looks like this.
And it's got this on one side,
and then, I don't know what this is trying to show you.
"Ultrasound face and body... slimming."
- Yeah. - She doesn't look like
she needs slimming.
She asked for something that would tighten her skin,
as she said that in her younger years,
she had a lot of issues with drug abuse,
when we had our conversations,
and she's asking for something that can actually help her
look more youthful, and help her skin tighten.
And this is something that she discussed with me when we were sitting
- at the table. - What's your educational experience?
- High school, college. - Where?
I went to, like, a couple film and television schools.
I asked you what college you went to.
Oh. Um... Olympic College. In Washington State.
- And was that a four-year program? - Two-year.
- Two-year? - Mm-hmm.
Is that a brick-and-mortar college,
- or is that an online college? - It's brick-and-mortar.
And what did you study there?
- Just the basics. - What basics?
G... Gen eds, you know, your associates, your gen eds.
And it had nothing to do with my sales and skin care,
but my sales and skin care...
I... I actually deal with every client fairly.
- And I pride myself... - Don't tell me
that you deal with every client fairly.
She wanted her money back the next day.
She didn't want her money back the next day.
She didn't even come back the next day.
When did she come back?
It was, like, a week or two later. She came back to the store
and wanted a refund, and I said,
- "Well, you... - No, no, just a second.
She came into the store on February 21st, 2022.
- Mm-hmm. - You get home with all these products.
You spread it around.
Let's say this is aggressive salesmanship.
Now, you're home.
You had a previous experience with being taken against your will,
and held against your will, according to what you told me.
- Yes. - So you know,
that when that happens, the police get involved.
You didn't go to the police.
- No, not... - When you left...
to say, you know, "I was held against my will,"
you took the products, and you took the products home.
- Right? - Well, I didn't go directly home,
I went to my friend's house, she lives two blocks from there.
I was so traumatized, I couldn't drive.
And I was beside myself.
Okay. That was February 21st.
- Yes. - So, what did you do
- next with regard to Mr. West? - Okay.
So, by that time it was about 9:00 at night,
ten, when I got home.
And, uh, I thought, well, I'll call tomorrow
to tell him I want a refund.
Actually, I called him and told him that, and he says
"Well, you're supposed to be down here..."
When the next... when did you call him
and tell him you wanted a refund?
It was, uh, the next day.
When he called me. I'm sorry, he called me the next day.
And says, "Where are you?"
And I says, "I'm at home."
And he says, "Well, how come you're not here
for your free 12 facials that I offered you?"
And I says, "I don't want anything from you,"
and I didn't ask for anything from him.
So he called you to come in for a free facial?
- Yes. - And?
And, and I says, "I don't plan on coming in for any of the facials,
much less 12 of them.
What I'd like to come in for is a refund on these products
that I don't need, and I felt pressured
into buying yesterday, and I can't,
- you know, I don't want them." - Okay.
You say that didn't happen for a week?
Your Honor, she had a contract with us for six months worth of treatments,
hydrafacials that she, that we included in her purchase,
- that she signed. And... - I'd like to see what she signed.
It's actually on my phone, I didn't print out a, a copy, because...
- uh, because... - Why not?
'Cause I was rushing this morning and I was...
You were rushing this morning, you knew you were coming to court for days.
What do you mean, you didn't print out a contract?
Do you have a copy of a contract that you signed?
- Yes, I do. - Fine.
- I'll take a look at your... - I also have a police re...
- Do you want to see the police... - I'd like to see a police report,
and I'd like see a copy of the contract you signed.
Okay. And here's some fictitious businesses that he's got as well.
I can't hear, just hand me the stuff.
Okay, this is the police report, I want to see the contract,
I'll read the police report while you're looking for it.
Here's the contract.
Skin care, is that your company?
- Is that the product you're referring to? - Yes.
Those are the medical devices that we actually retail in the store.
And we demonstrate them on the clients.
And then typically, clients, when they see a difference,
they're, like, [gasps] "wow!"
I, listen, you're not selling me, sir. You know, stop making...
This is not a sales pitch to me.
What's your commission when you sell an $8,000 light
to make your skin nice? What's your commission?
Twenty percent.
So yours personally is 20 percent?
- How much do they buy them for? - I'm not sure.
What do you think?
- I have no... - What do you think?
Take a good guess, you've been working for them for three years.
I don't know, and I think that you'd have to factor in,
like, the rent for the establishment, and all of those things,
so I don't really know what the profit margin would be.
Your Honor, on their website, they say that each individually-owned
brick-and-mortar store is not affiliated with them,
- that they run their own store. - So it's franchises?
It's a... it's sort of a franchise-sque situation.
Who owns your store?
Or is it a franchise?
- It's a franchise? - No, d-d, it's not a question.
Sounds like you were asking me a question.
Is it a company-owned store, or is it a franchise?
There's a company that owns the store.
- But it's a franchise. - Yes, I believe so.
I'm not familiar with the legalities of the location,
- and all the business agreements that... - Who hired you?
Um... it wasn't a hire. I was, I was in business with him.
Okay, well, it's getting more interesting.
Okay. So it wasn't a hire,
you're in business with a man whose name is what?
- Um... - Don't think about it.
- I don't... - If you're in business with somebody...
- Yeah. - You're a smart boy.
I don't know how to pronounce his last name.
You went to a two-year college.
What's the name of your business partner?
Um, I'm not, I don't know how to pronounce the last name.
What?
I don't know how to pronounce the last name.
- Spell it. - I don't actually know
- how to spell it. - Mm-hmm.
- I'm sorry. - And who leases the store
where you... don't look up in the air.
Y... It, it's gonna get only worse.
To be continued...
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