1
00:00:00,433 --> 00:00:01,867
{\an8}He got you into the store?
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00:00:01,867 --> 00:00:03,934
{\an8}He was very aggressive and pushy.
3
00:00:03,934 --> 00:00:07,800
And the next thing, I knew,
he was practically on top of me.
4
00:00:07,800 --> 00:00:10,400
And you said you felt
as if you couldn't leave?
5
00:00:10,400 --> 00:00:13,266
I've been held against my will before,
and kidnapped.
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00:00:13,266 --> 00:00:17,266
And I was literally traumatized
at that point.
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00:00:17,266 --> 00:00:19,834
This is Judy Justice.
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00:00:35,767 --> 00:00:39,900
{\an8}Linda Bernardasci is suing
salesman Eric West
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00:00:39,900 --> 00:00:43,000
{\an8}for the cost of skin care products.
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00:00:43,000 --> 00:00:44,934
Court, come to order.
All rise.
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00:00:48,266 --> 00:00:49,700
Have a seat, please.
12
00:00:51,300 --> 00:00:52,433
{\an8}- Hello, Judge.
- Hello, Kevin.
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00:00:52,433 --> 00:00:54,800
{\an8}Case number 2114,
Bernardasci versus West.
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00:00:54,800 --> 00:00:56,033
{\an8}- Thank you.
- You're welcome.
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00:00:57,734 --> 00:00:59,467
{\an8}Would you pronounce
your last name for me?
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00:00:59,467 --> 00:01:01,433
{\an8}- Bernardasci.
- Bernardasci.
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00:01:01,433 --> 00:01:04,166
{\an8}- Yes.
- Well, I read your complaint.
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00:01:04,166 --> 00:01:07,834
I somehow was taken back
to my own experience
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00:01:07,834 --> 00:01:12,633
just walking down any street
that has a new cosmetic place.
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So I sort of, leave.
I understand what your experience was,
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00:01:16,867 --> 00:01:19,000
at least initially, with Mr. West.
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00:01:19,000 --> 00:01:20,867
Mr. West, you're a salesman
for what company?
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00:01:20,867 --> 00:01:22,333
And where are they located?
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00:01:22,333 --> 00:01:24,000
{\an8}Well, they're all over
the United States,
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00:01:24,000 --> 00:01:26,467
{\an8}but I worked for one in San Francisco.
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Where are the products manufactured?
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00:01:28,667 --> 00:01:30,700
- In California, actually.
- Where?
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00:01:30,700 --> 00:01:32,133
Chatsworth, California.
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00:01:32,133 --> 00:01:35,300
Okay. And they have
brick-and-mortar stores
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00:01:35,300 --> 00:01:37,300
- all over the country?
- Mm-hmm.
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00:01:37,300 --> 00:01:40,333
And they have many products,
but under that one name?
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00:01:40,333 --> 00:01:41,533
Yeah, they have many products.
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00:01:41,533 --> 00:01:43,200
Many products, but they're all...?
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00:01:43,200 --> 00:01:45,467
Yes. They have multiple products
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00:01:45,467 --> 00:01:48,133
and multiple locations
all through California,
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00:01:48,133 --> 00:01:50,667
and it looks like
a bit of Arizona as well.
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00:01:50,667 --> 00:01:53,233
- How many?
- Upwards of 20 locations.
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00:01:53,233 --> 00:01:55,200
Okay.
And can you tell me, Sarah,
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00:01:55,200 --> 00:01:57,300
- is it a corporation?
- I'd assume so,
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00:01:57,300 --> 00:01:58,867
their about page.
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00:01:58,867 --> 00:02:00,467
How long have you worked
for the company, sir?
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00:02:00,467 --> 00:02:04,100
That company in that location,
about three years.
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00:02:04,100 --> 00:02:06,400
Where is the corporate headquarters
for the company?
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00:02:06,400 --> 00:02:09,300
It's located in San Mateo.
45
00:02:09,300 --> 00:02:11,400
Do you know if the company
was incorporated
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00:02:11,400 --> 00:02:12,900
in the State of California?
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00:02:12,900 --> 00:02:15,033
- Yes, I believe it was.
- Under that name?
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00:02:15,033 --> 00:02:17,667
- Mm-hmm.
- Uh-huh is not an answer.
49
00:02:17,667 --> 00:02:19,467
Oh. Yes. Sorry.
My apologies.
50
00:02:19,467 --> 00:02:21,200
It look like it was
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00:02:21,200 --> 00:02:23,567
an LLC out of Oregon,
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00:02:23,567 --> 00:02:26,367
but it is listed as inactive
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00:02:26,367 --> 00:02:29,233
as of 12/22 of 2020.
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00:02:29,233 --> 00:02:31,233
There's no company in California?
55
00:02:31,233 --> 00:02:33,900
It just says the jurisdiction
in which the LLC was created
56
00:02:33,900 --> 00:02:35,600
is Oregon, that's as far
as I could tell.
57
00:02:35,600 --> 00:02:39,100
They have a company address
that's listed
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00:02:39,100 --> 00:02:41,300
in a head office
in Portland, Oregon.
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00:02:41,300 --> 00:02:43,166
What do you know
about Portland, Oregon?
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00:02:43,166 --> 00:02:45,233
It's a lot of, lot of, um, hippies.
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00:02:45,233 --> 00:02:46,300
Lot of hippies.
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00:02:46,300 --> 00:02:47,700
- What about your company?
- Oh.
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00:02:47,700 --> 00:02:49,600
Do you know anything
about your company?
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00:02:49,600 --> 00:02:52,700
Yes, um, I think it's probably
another location there, as well.
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00:02:52,700 --> 00:02:54,800
Do you know anything about the company
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00:02:54,800 --> 00:02:56,467
that you work for?
Was it incorporated
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00:02:56,467 --> 00:02:58,166
{\an8}in the State of Oregon?
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00:02:58,166 --> 00:02:59,967
{\an8}No, it was incorporated in California,
69
00:03:00,100 --> 00:03:02,834
{\an8}and, um, I think Oregon, maybe,
they, maybe, has a franchise?
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00:03:02,834 --> 00:03:05,867
I can't tell from public records
anything further.
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00:03:05,867 --> 00:03:07,600
From the State of California?
72
00:03:07,600 --> 00:03:10,533
I tried looking up their headquarter
information, and all I got
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00:03:10,533 --> 00:03:13,233
was this Cosmetics, LLC, from Oregon.
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00:03:13,233 --> 00:03:15,867
And while I'm taking this information,
I want you to take a look
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00:03:15,867 --> 00:03:19,333
and see if there are any court cases.
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00:03:19,333 --> 00:03:22,266
Let's try the State of California
and the State of Oregon.
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00:03:22,266 --> 00:03:23,834
- Sure.
- And the only thing
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00:03:23,834 --> 00:03:26,367
that you could find
was the Oregon company under that name
79
00:03:26,367 --> 00:03:28,867
that is no longer active?
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00:03:28,867 --> 00:03:31,667
It might not be...
they might not be the same company,
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00:03:31,667 --> 00:03:33,800
but it has the same name listed in Oregon,
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00:03:33,800 --> 00:03:36,300
so I would assume so,
but there's no information
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00:03:36,300 --> 00:03:38,600
on their website
about their headquarter information.
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00:03:38,600 --> 00:03:41,467
Anyway, Ms. Bernardasci,
try to think of the date
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00:03:41,467 --> 00:03:43,500
that you made these purchases.
What date was it?
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00:03:43,500 --> 00:03:47,133
It was February the 21st, 2022.
87
00:03:47,133 --> 00:03:50,300
And you were shopping,
you were walking with your dog?
88
00:03:50,300 --> 00:03:51,500
- Mm-hmm.
- That a little dog?
89
00:03:51,500 --> 00:03:52,800
- Yes.
- What kind of dog?
90
00:03:52,800 --> 00:03:54,300
- A Shih Tzu.
- A Shih Tzu?
91
00:03:54,300 --> 00:03:56,967
- My fave.
- Oh, yeah, mine, too.
92
00:03:56,967 --> 00:03:58,300
She's my third one.
93
00:03:58,300 --> 00:04:00,834
You were walking in a mall,
what mall and where?
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00:04:00,834 --> 00:04:03,667
In Santa Clara, California.
95
00:04:03,667 --> 00:04:05,033
That's where
you were working?
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00:04:05,033 --> 00:04:06,000
- Mm-hmm.
- How long
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00:04:06,000 --> 00:04:08,333
- had you been working there?
- Three years.
98
00:04:08,333 --> 00:04:11,400
Okay, this is what the case is about,
as far as I can tell.
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00:04:11,400 --> 00:04:13,500
You were walking, was it this gentleman
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00:04:13,500 --> 00:04:15,233
who was standing outside?
101
00:04:15,233 --> 00:04:16,667
- No, it was not.
- It was somebody else?
102
00:04:16,667 --> 00:04:18,400
- It was somebody else.
- It was somebody else.
103
00:04:18,400 --> 00:04:20,467
One of the other people
who works at your business?
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00:04:20,467 --> 00:04:22,266
I was the one
who'd offered her a sample.
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00:04:22,266 --> 00:04:25,333
- Outside?
- No, in the front of the store.
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00:04:25,333 --> 00:04:27,166
Well, but it's
in the front of the store?
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00:04:27,166 --> 00:04:28,800
{\an8}I didn't step outside
of the store,
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00:04:28,800 --> 00:04:30,600
{\an8}I was in the front of our store,
not outside of it,
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00:04:30,600 --> 00:04:32,967
{\an8}but inside the store,
and I handed her a sample.
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00:04:32,967 --> 00:04:34,200
Just a second.
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00:04:34,200 --> 00:04:36,400
{\an8}Sort of inconsistent
with my life's experience
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00:04:36,400 --> 00:04:38,633
{\an8}of these things, but let's see.
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00:04:38,633 --> 00:04:41,400
{\an8}- Had you gone to his store?
- No.
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00:04:41,400 --> 00:04:43,433
{\an8}You're walking
through the mall, is it an indoor mall
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00:04:43,433 --> 00:04:44,767
{\an8}- or an outdoor mall?
- Indoor.
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00:04:44,767 --> 00:04:47,800
And when you passed that store,
tell me what happened.
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00:04:47,800 --> 00:04:51,300
I was en route to a specific store.
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00:04:51,300 --> 00:04:55,333
A man with a basket was standing
in front of the store.
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00:04:55,333 --> 00:04:57,400
So, there was a man outside with a basket?
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00:04:57,400 --> 00:04:59,367
- With a basket, holding...
- Where outside?
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00:04:59,367 --> 00:05:01,834
Right outside of the store.
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00:05:01,834 --> 00:05:04,433
- And it wasn't this gentleman?
- No, it was not.
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00:05:04,433 --> 00:05:05,467
Tell me
what the person looked like,
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00:05:05,467 --> 00:05:08,367
- who gave you this sample?
- He was, he, I believe
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00:05:08,367 --> 00:05:12,233
he was Caucasian.
He was shorter than Eric.
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00:05:12,233 --> 00:05:15,633
I believe he was partially bald,
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00:05:15,633 --> 00:05:18,300
and I believe he wore glasses,
but I can't be sure.
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00:05:18,300 --> 00:05:20,767
I would know him if I saw him.
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00:05:20,767 --> 00:05:23,166
Okay.
And, so continue with your story.
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00:05:23,166 --> 00:05:26,467
You're standing there with a basket
of samples outside the store.
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00:05:26,467 --> 00:05:27,867
- Okay.
- It's totally consistent
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00:05:27,867 --> 00:05:30,900
with my own personal experience.
133
00:05:30,900 --> 00:05:34,967
Okay. So, he offered me a sample
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00:05:34,967 --> 00:05:38,367
of a product, and I said,
"No, thank you, I'm not interested."
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00:05:38,367 --> 00:05:41,834
And he said, "No, please," he said,
"you'll like it."
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00:05:41,834 --> 00:05:43,867
And I said, "I really, I'm in a hurry,
137
00:05:43,967 --> 00:05:46,800
and I'm not interested
in any of your products."
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00:05:46,800 --> 00:05:50,734
At that point, Eric walked
a couple of steps out
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00:05:50,734 --> 00:05:55,500
from the store, and started
showering my dog
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00:05:55,500 --> 00:05:57,200
and myself with compliments.
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00:05:57,200 --> 00:05:58,633
Just, like, over the top.
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00:05:58,633 --> 00:06:01,333
And he said, "Why don't you
come in my store?
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00:06:01,333 --> 00:06:03,133
I've got a surprise for you.
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00:06:03,133 --> 00:06:05,600
You are going to love me,"
he said.
145
00:06:05,600 --> 00:06:07,800
- I said...
- So he was doing
146
00:06:07,800 --> 00:06:10,166
- his salesman shtick.
- Yeah. Yeah.
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00:06:10,166 --> 00:06:13,767
And from the smile on his face,
it's exactly what he was doing,
148
00:06:13,767 --> 00:06:16,166
his salesman shtick.
149
00:06:16,166 --> 00:06:18,200
- Yeah, and pretty much...
- You work on commission.
150
00:06:18,200 --> 00:06:20,633
- Yes.
- Right. Okay.
151
00:06:20,633 --> 00:06:23,567
So now, he's showering both you
and your little Shih Tzu
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00:06:23,567 --> 00:06:26,567
with compliments, and how beautiful
the Shih Tzu is,
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00:06:26,567 --> 00:06:30,000
and how he's gonna give you things
that are gonna take away this line
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00:06:30,000 --> 00:06:31,734
and that line,
and this crease, whatever.
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00:06:31,734 --> 00:06:35,700
And I'm such a sweet and kind person
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00:06:35,700 --> 00:06:38,400
that, you know,
he's got a surprise for me...
157
00:06:38,400 --> 00:06:42,400
I got it. Okay. Go ahead.
So he got you into the store.
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00:06:42,400 --> 00:06:46,300
Uh-huh.
At that point, he asked me to have a seat.
159
00:06:46,300 --> 00:06:49,633
And again, I said, really,
I'm not interested,
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00:06:49,633 --> 00:06:50,633
I want to go.
161
00:06:50,633 --> 00:06:52,967
So then, someone took my dog...
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00:06:52,967 --> 00:06:56,333
- Where was the dog?
- On a leash in my hand.
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00:06:56,333 --> 00:06:59,166
And, uh, he says,
"Here, I'll take your dog.
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00:06:59,166 --> 00:07:01,166
{\an8}And I said, "No, I'll hold her."
165
00:07:01,166 --> 00:07:03,834
{\an8}And he said, "No, I'm gonna
take care of her."
166
00:07:03,834 --> 00:07:05,734
And I'm going, "Wait a minute."
167
00:07:05,734 --> 00:07:09,200
And next thing I knew,
Eric was practically on top of me.
168
00:07:09,200 --> 00:07:12,367
This chair was located in a position...
169
00:07:12,367 --> 00:07:15,400
Well, his chair was much higher than mine.
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00:07:15,400 --> 00:07:18,433
So you were sitting in a chair like mine?
171
00:07:18,433 --> 00:07:22,667
Yeah. Well, a, a chair, just, like a...
172
00:07:22,667 --> 00:07:24,100
- A make-up chair?
- Yeah.
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00:07:24,100 --> 00:07:25,400
Or a hairdresser's chair?
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00:07:25,400 --> 00:07:28,300
Kind of like a, a make-up chair.
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00:07:28,300 --> 00:07:31,066
And he was sitting on a chair or a stool?
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00:07:31,066 --> 00:07:33,467
- A stool.
- Stool. Is that right, Eric?
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00:07:33,467 --> 00:07:35,500
- I'm talking to you.
- Yes, Your Honor.
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00:07:35,500 --> 00:07:37,133
Okay, that's a yes. Okay.
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00:07:37,133 --> 00:07:39,834
And your stool was higher
than her chair?
180
00:07:39,834 --> 00:07:41,934
That is incorrect.
We both were sitting on stools.
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00:07:41,934 --> 00:07:44,033
- The same stool?
- The same stool.
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00:07:44,033 --> 00:07:46,934
- Was yours higher?
- No. It was the same size.
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00:07:46,934 --> 00:07:48,166
Okay. Go ahead.
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00:07:48,166 --> 00:07:53,333
So, at that point, he just started
applying different products
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00:07:53,333 --> 00:07:56,200
to my, I believe he started
with my hand,
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00:07:56,200 --> 00:07:59,300
and then, uh, "Look here, let me try
some of this on your face."
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00:07:59,300 --> 00:08:01,367
And I'm looking around for my dog,
188
00:08:01,367 --> 00:08:02,800
like, what's going on here?
189
00:08:02,800 --> 00:08:06,600
And, 'cause he was very aggressive
and pushy and...
190
00:08:06,600 --> 00:08:10,600
Just tell me what he did,
without trying to editorialize.
191
00:08:10,600 --> 00:08:14,200
- Okay. So, basically, he...
- Not basically.
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00:08:14,200 --> 00:08:18,433
He put on all this goop
on your face, on your hands,
193
00:08:18,433 --> 00:08:21,300
somebody else in the store
was holding your dog
194
00:08:21,300 --> 00:08:23,300
while he was putting this on you.
195
00:08:23,300 --> 00:08:26,100
He didn't force you into the chair,
196
00:08:26,100 --> 00:08:28,867
he aggressively coaxed you
into the chair is what you're telling me
197
00:08:28,867 --> 00:08:30,300
by complimenting you.
198
00:08:30,300 --> 00:08:32,400
I mean, he didn't physically drag you
into the store,
199
00:08:32,400 --> 00:08:34,533
- you walked in by yourself.
- Right.
200
00:08:34,533 --> 00:08:39,633
Okay. He was using his best
aggressive salesman routine.
201
00:08:39,633 --> 00:08:42,200
Not easy to get somebody
in the store, right, Eric?
202
00:08:42,200 --> 00:08:45,266
I mean, it was never easy to get me
in one of those stores,
203
00:08:45,266 --> 00:08:47,166
and I shop with her all the time.
204
00:08:47,166 --> 00:08:50,433
And she's got more lotions and potions
205
00:08:50,433 --> 00:08:55,433
and stuff on her counter
than any other human being I know,
206
00:08:55,433 --> 00:08:59,133
and I've never seen anybody successful
in giving her a free sample
207
00:08:59,133 --> 00:09:00,500
and getting her into the store.
208
00:09:00,500 --> 00:09:03,767
So you must be very good,
'cause we have a few of those stores
209
00:09:03,767 --> 00:09:05,300
right in the neighborhood.
210
00:09:05,300 --> 00:09:07,367
You must be really talented.
211
00:09:07,367 --> 00:09:09,233
- He is.
- Just a second,
212
00:09:09,233 --> 00:09:11,333
so before we finish with her,
213
00:09:11,333 --> 00:09:14,100
and since you originally started,
Mr. West, with,
214
00:09:14,100 --> 00:09:15,934
"No, it was me outside",
215
00:09:15,934 --> 00:09:18,767
it wasn't you outside initially,
it was somebody else.
216
00:09:18,767 --> 00:09:21,233
You came out afterwards.
Well, actually, I believe her.
217
00:09:21,233 --> 00:09:23,633
So, I want you to understand
218
00:09:23,633 --> 00:09:28,533
that her description of the person
who initially approached her
219
00:09:28,533 --> 00:09:32,633
was so specific,
and then, the fact that you
220
00:09:32,633 --> 00:09:36,467
came out and joined that person,
because then you became a tag team,
221
00:09:36,467 --> 00:09:39,700
is totally convincing to me.
222
00:09:39,700 --> 00:09:41,500
I want you to understand that.
223
00:09:44,500 --> 00:09:48,233
I didn't feel that
I was going to be able to leave the store.
224
00:09:48,233 --> 00:09:50,667
I've been held against my will before
and kidnapped.
225
00:09:50,667 --> 00:09:54,166
And I was literally traumatized
at that point.
226
00:09:54,166 --> 00:09:56,367
When were you held against your will
and kidnapped?
227
00:10:07,667 --> 00:10:11,300
{\an8}Linda Bernardasci claims
salesman, Eric West,
228
00:10:11,300 --> 00:10:15,533
{\an8}owes her a refund for skin care products
she never wanted.
229
00:10:15,533 --> 00:10:17,300
Do you have family, Eric?
230
00:10:17,300 --> 00:10:18,667
Yes, I do, Your Honor.
231
00:10:18,667 --> 00:10:19,767
Living family?
232
00:10:19,767 --> 00:10:21,567
- Yes, I do.
- Okay.
233
00:10:21,567 --> 00:10:24,000
You don't want to make a fool
out of yourself here, right?
234
00:10:24,000 --> 00:10:25,333
- Absolutely not.
- Great.
235
00:10:25,333 --> 00:10:29,934
So I want you to understand
that I believe the plaintiff
236
00:10:29,934 --> 00:10:33,433
when she tells me
you weren't the initial person
237
00:10:33,433 --> 00:10:36,567
out there who stopped her
with a free sample.
238
00:10:36,567 --> 00:10:38,266
I was the only one working
that day, Your Honor.
239
00:10:38,266 --> 00:10:39,967
- I don't believe you.
- Okay.
240
00:10:39,967 --> 00:10:43,000
Because you couldn't have got her
where you got her to,
241
00:10:43,000 --> 00:10:44,967
which is the story she's gonna finish,
242
00:10:44,967 --> 00:10:46,934
'cause by the time she got out
of the store,
243
00:10:46,934 --> 00:10:49,367
she had $8,000 worth of your products.
244
00:10:49,367 --> 00:10:52,333
Which is also not accredited
by the Better Business Bureau
245
00:10:52,333 --> 00:10:55,133
and has multiple complaints out
against them.
246
00:10:55,133 --> 00:10:56,533
So, just for the record.
247
00:10:56,533 --> 00:10:58,333
No, that's an important record.
248
00:10:58,333 --> 00:11:00,767
Keep looking.
249
00:11:01,700 --> 00:11:04,000
{\an8}Okay, so, at that point,
250
00:11:04,000 --> 00:11:08,433
{\an8}I decided I'm going to leave,
and take my dog,
251
00:11:08,433 --> 00:11:09,633
{\an8}and get out of here.
252
00:11:09,633 --> 00:11:11,467
And I attempted to get up,
253
00:11:11,467 --> 00:11:14,066
and he was sitting higher up
than I was,
254
00:11:14,066 --> 00:11:16,500
and in such close proximity,
255
00:11:16,500 --> 00:11:19,500
that I was unable to fully stand up.
256
00:11:19,500 --> 00:11:22,767
And as he saw me attempting,
257
00:11:22,767 --> 00:11:25,800
he comes back over
with another product.
258
00:11:25,800 --> 00:11:27,834
He was across the store, and...
259
00:11:27,834 --> 00:11:31,200
Well, if he was across the store,
Ms. Bernardasci,
260
00:11:31,200 --> 00:11:34,166
if he was across the store,
then he wasn't hovering over you.
261
00:11:34,166 --> 00:11:38,500
So, what I tried to tell you before is,
I want you to tell me
262
00:11:38,500 --> 00:11:41,734
not what you think is best
for your case,
263
00:11:41,734 --> 00:11:44,367
either he's standing over you
so you couldn't get up,
264
00:11:44,367 --> 00:11:46,266
or he's across the room.
265
00:11:46,266 --> 00:11:49,100
If he's across the room,
'cause he went to get another product,
266
00:11:49,100 --> 00:11:50,467
you could've gotten up and left.
267
00:11:50,467 --> 00:11:52,900
No, actually, he wasn't across the room,
268
00:11:52,900 --> 00:11:55,133
he was just, like, I think it was
at the desk behind...
269
00:11:55,133 --> 00:11:57,533
Whatever, he wasn't right on top of you.
270
00:11:57,533 --> 00:11:59,567
- Uh, no, but...
- You don't understand,
271
00:11:59,567 --> 00:12:04,633
I don't believe that you were held
against your will
272
00:12:04,633 --> 00:12:06,266
in the store.
273
00:12:06,266 --> 00:12:08,934
I don't believe that they did that.
274
00:12:08,934 --> 00:12:12,967
I think he was overly aggressive,
and he chose a target.
275
00:12:12,967 --> 00:12:14,133
- Yeah, and I...
- Okay.
276
00:12:14,133 --> 00:12:18,066
And at what point did you purchase
all of this product?
277
00:12:18,066 --> 00:12:22,233
Which is the subject of this case,
because you want your money back.
278
00:12:22,233 --> 00:12:25,600
{\an8}I didn't feel that I was going to
be able to leave the store.
279
00:12:25,600 --> 00:12:28,500
{\an8}I've been held against my will before
and kidnapped.
280
00:12:28,500 --> 00:12:32,000
And I was literally traumatized
at that point.
281
00:12:32,000 --> 00:12:34,000
When were you held against your will
and kidnapped?
282
00:12:34,000 --> 00:12:38,100
Oh, this was like... 15 years ago, maybe.
283
00:12:38,100 --> 00:12:40,967
Well, I would remember that,
whether it was 15 years ago.
284
00:12:40,967 --> 00:12:43,767
I want you to tell me about that.
That forms part of who you are,
285
00:12:43,767 --> 00:12:45,967
and who the person is
that I have to consider
286
00:12:45,967 --> 00:12:50,533
with regard to whether or not
this was a forced sale,
287
00:12:50,533 --> 00:12:53,100
or just an overly
aggressive salesman.
288
00:12:53,100 --> 00:12:55,400
So I want you to tell me,
was there a police report
289
00:12:55,400 --> 00:12:58,600
of a prior kidnapping?
There was.
290
00:12:58,600 --> 00:13:01,567
- Yes.
- And did they actually find people
291
00:13:01,567 --> 00:13:02,934
- who kidnapped you?
- Yes.
292
00:13:02,934 --> 00:13:05,367
Was there a trial with regard
to those people?
293
00:13:05,367 --> 00:13:09,500
I don't believe so,
because the guy was on parole,
294
00:13:09,500 --> 00:13:12,834
and so he didn't want
to go to trial.
295
00:13:12,834 --> 00:13:15,400
So, he violated his parole,
and he went back to prison?
296
00:13:15,400 --> 00:13:17,800
- Yes.
- And that was in California?
297
00:13:17,800 --> 00:13:18,934
Yes. But...
298
00:13:18,934 --> 00:13:20,500
So, when you were in the store,
299
00:13:20,500 --> 00:13:23,233
and you said felt as if
you couldn't leave,
300
00:13:23,233 --> 00:13:25,567
you were under pressure,
how many people were in the store?
301
00:13:25,567 --> 00:13:28,767
Uh, well, there was Eric,
and the gentleman that was standing
302
00:13:28,767 --> 00:13:30,433
outside of the store,
303
00:13:30,433 --> 00:13:35,233
and then a woman came
from behind the register,
304
00:13:35,233 --> 00:13:37,967
in the back room.
And he was telling me
305
00:13:37,967 --> 00:13:41,266
how this woman
is a world-renowned,
306
00:13:41,266 --> 00:13:45,767
uh, facial beauty massage,
uh, whatever, expert,
307
00:13:45,767 --> 00:13:49,433
running drag on me, pretty much,
let's just put it that way.
308
00:13:49,433 --> 00:13:50,734
Anyway, uh...
309
00:13:50,734 --> 00:13:52,734
Now you're up
from your chair.
310
00:13:52,734 --> 00:13:55,400
I want to know
how the sale came about.
311
00:13:55,400 --> 00:13:58,433
Well, because I didn't feel
that I was going to be able to leave.
312
00:13:58,433 --> 00:14:00,266
Okay, so tell me what happened.
313
00:14:00,266 --> 00:14:04,767
{\an8}Okay, so, I said, "Look, I don't even
have any money to cover this."
314
00:14:04,767 --> 00:14:07,166
- And I'm looking...
- To cover what?
315
00:14:07,166 --> 00:14:09,133
- He asked me for my identification...
- To cover what?
316
00:14:09,133 --> 00:14:11,266
To cover the cost
of these beauty products
317
00:14:11,266 --> 00:14:12,700
he wanted to sell me.
318
00:14:12,700 --> 00:14:13,934
Okay, how many were there?
319
00:14:13,934 --> 00:14:15,433
There was four or five
320
00:14:15,433 --> 00:14:17,200
- different... uh...
- Creams.
321
00:14:17,200 --> 00:14:19,400
Creams, and then there was a device
322
00:14:19,400 --> 00:14:21,867
that, I don't know what you call 'em,
323
00:14:21,867 --> 00:14:24,400
but it was a device
that he had used on me
324
00:14:24,400 --> 00:14:26,200
while I was sitting in the chair.
325
00:14:26,200 --> 00:14:29,367
And you know, telling me,
"Look in the mirror,
326
00:14:29,367 --> 00:14:32,233
doesn't this, you know, can't you tell
a big difference?"
327
00:14:32,233 --> 00:14:35,734
He even took my phone and took a picture,
a couple pictures of me,
328
00:14:35,734 --> 00:14:38,934
he says, "Lookit," I said,
"I can tell a little bit of a difference,
329
00:14:38,934 --> 00:14:42,433
but it's not worth the money,
and again, I don't even have the money,
330
00:14:42,433 --> 00:14:43,667
so I really need to go."
331
00:14:43,667 --> 00:14:47,000
So, he asked for my driver's license
332
00:14:47,000 --> 00:14:49,967
to register the product,
and then he told me I...
333
00:14:49,967 --> 00:14:52,533
- To register the product?
- The product that I bought.
334
00:14:52,533 --> 00:14:55,867
Oh, so you did say
you would buy the device?
335
00:14:55,867 --> 00:14:57,734
- Yeah, uh, I...
- Just...
336
00:14:57,734 --> 00:14:59,800
You did say you would buy the device?
337
00:14:59,800 --> 00:15:01,467
And how much was the device?
338
00:15:01,467 --> 00:15:04,533
{\an8}It was just shy of $8,000.
339
00:15:04,533 --> 00:15:06,700
{\an8}- I've got the receipts...
- I'd like to see it.
340
00:15:07,633 --> 00:15:08,967
Do you have it with you?
341
00:15:08,967 --> 00:15:10,200
- Oh, the device?
- Yeah.
342
00:15:10,200 --> 00:15:12,266
No, I wish
I would've brought it with me,
343
00:15:12,266 --> 00:15:14,500
but I didn't, hasn't been opened.
344
00:15:14,500 --> 00:15:17,133
I still have it.
I haven't touched it.
345
00:15:17,133 --> 00:15:19,000
You wanted to see the receipts?
346
00:15:19,000 --> 00:15:21,300
- Yes.
- Okay. They're right here.
347
00:15:23,066 --> 00:15:26,133
By the way, what time of day
did you go to the store?
348
00:15:26,133 --> 00:15:30,700
This was approximately 6:30,
'cause it was near closing time.
349
00:15:30,700 --> 00:15:32,734
Oh, here's, here's the rest of them,
I'm sorry.
350
00:15:34,667 --> 00:15:37,533
Yeah, I was going
specifically for one lipstick,
351
00:15:37,533 --> 00:15:40,400
that was, that was all
I was at the mall for.
352
00:15:40,400 --> 00:15:41,700
And it was almost closing there.
353
00:15:41,700 --> 00:15:42,734
- Sarah Rose?
- Yeah?
354
00:15:42,734 --> 00:15:44,834
Take a look under that name.
355
00:15:45,700 --> 00:15:48,000
I didn't find the device
on their website.
356
00:15:48,000 --> 00:15:49,934
- I already looked if that's what...
- You looked at this?
357
00:15:49,934 --> 00:15:52,166
3D ultrasound and face, body...?
358
00:15:52,166 --> 00:15:55,333
I just found six products that are creams
359
00:15:55,333 --> 00:15:57,633
for face and body on the website.
360
00:15:57,633 --> 00:16:01,900
I'd like to see
what this 3D ultrasound is,
361
00:16:01,900 --> 00:16:05,533
this $8,000 piece of equipment
that you sold her.
362
00:16:05,533 --> 00:16:07,200
You have a picture of it?
363
00:16:08,266 --> 00:16:10,333
Okay. Could you get that for me?
364
00:16:10,333 --> 00:16:14,367
He's gonna give it to Sarah.
Sarah's gonna look up this nonsense.
365
00:16:15,233 --> 00:16:16,700
Thank you.
366
00:16:16,700 --> 00:16:18,133
Some more receipts.
367
00:16:19,600 --> 00:16:23,333
So, what I see that you did
was spread some of this
368
00:16:23,333 --> 00:16:25,633
around different credit cards.
369
00:16:25,633 --> 00:16:27,800
- Yes.
- And you want to tell me,
370
00:16:27,800 --> 00:16:29,834
how did that happen?
371
00:16:29,834 --> 00:16:32,633
{\an8}Well, I said, these
aren't even my credit cards.
372
00:16:32,633 --> 00:16:34,166
{\an8}My roommate's.
373
00:16:34,166 --> 00:16:38,066
{\an8}And he says, "Well, you could put half
on your roommate's credit card,"
374
00:16:38,066 --> 00:16:40,533
{\an8}and I says,
"No, I am not gonna do that."
375
00:16:40,533 --> 00:16:43,166
And, uh, he says,
"Yeah, make him pay for it."
376
00:16:43,166 --> 00:16:45,900
And I'm looking at this guy,
like, what's going on...
377
00:16:45,900 --> 00:16:47,900
What are you doing
with your roommate's credit cards?
378
00:16:47,900 --> 00:16:51,600
{\an8}Because he's an older gentleman.
I've got the power of attorney,
379
00:16:51,600 --> 00:16:55,200
{\an8}and I shop for him.
He's not able to do all that.
380
00:16:55,200 --> 00:16:58,066
Is he a roommate,
or are you a caregiver?
381
00:16:58,066 --> 00:17:01,233
Uh, he's a roommate.
We've lived together for 30 years.
382
00:17:01,233 --> 00:17:03,934
- Anyway, just as...
- He hasn't been old and sick
383
00:17:03,934 --> 00:17:05,400
for 30 years.
384
00:17:05,400 --> 00:17:07,066
- Well, he's kind of...
- [chuckles] He may be old
385
00:17:07,066 --> 00:17:10,233
and sick now, but he wasn't
old and sick for 30 years.
386
00:17:10,233 --> 00:17:11,834
Oh, well, no, I mean, we were...
387
00:17:11,834 --> 00:17:14,233
Do you live together as a couple
for 30 years?
388
00:17:14,233 --> 00:17:16,567
Do you live together
as an almost couple?
389
00:17:16,567 --> 00:17:18,900
No. He's like my father, almost.
390
00:17:18,900 --> 00:17:20,967
We each have our separate rooms,
391
00:17:20,967 --> 00:17:24,567
and I pretty much take care of his house
and cook for him,
392
00:17:24,567 --> 00:17:27,433
and he doesn't go many places,
393
00:17:27,433 --> 00:17:29,200
he's pretty much a recluse.
394
00:17:29,200 --> 00:17:31,433
He doesn't like to go to the store.
395
00:17:31,433 --> 00:17:35,200
And, uh, so I do all the grocery shopping
and everything.
396
00:17:35,200 --> 00:17:36,333
Okay.
397
00:17:39,266 --> 00:17:40,333
Who hired you?
398
00:17:40,333 --> 00:17:41,467
It wasn't a hire.
399
00:17:41,467 --> 00:17:42,800
I was in business with him.
400
00:17:42,800 --> 00:17:44,967
Okay, well, it's getting more interesting.
401
00:17:44,967 --> 00:17:48,100
Who leases the store where you are...
402
00:17:48,100 --> 00:17:49,834
Don't look up in the air.
403
00:17:49,834 --> 00:17:51,867
It... it's gonna get only worse.
404
00:18:03,433 --> 00:18:05,133
Linda Bernardasci
405
00:18:05,133 --> 00:18:10,166
{\an8}is accusing salesman, Eric West,
of holding her against her will,
406
00:18:10,166 --> 00:18:12,834
and selling her
an unwanted skin care wand.
407
00:18:12,834 --> 00:18:15,233
Do we have a picture of that thing?
408
00:18:16,200 --> 00:18:18,000
"Rejuven..."
409
00:18:18,000 --> 00:18:20,133
it's... it's...
410
00:18:20,133 --> 00:18:21,567
- Yeah, I have it.
- What?
411
00:18:21,567 --> 00:18:25,166
I have it.
It looks like this.
412
00:18:25,700 --> 00:18:27,400
And it's got this on one side,
413
00:18:27,400 --> 00:18:29,567
and then, I don't know
what this is trying to show you.
414
00:18:29,567 --> 00:18:33,000
"Ultrasound face and body... slimming."
415
00:18:33,000 --> 00:18:34,066
- Yeah.
- She doesn't look like
416
00:18:34,066 --> 00:18:35,100
she needs slimming.
417
00:18:35,100 --> 00:18:38,133
{\an8}She asked for something
that would tighten her skin,
418
00:18:38,133 --> 00:18:40,200
{\an8}as she said that in her younger years,
419
00:18:40,200 --> 00:18:41,600
{\an8}she had a lot of issues
with drug abuse,
420
00:18:41,600 --> 00:18:43,533
{\an8}when we had our conversations,
421
00:18:43,533 --> 00:18:45,800
{\an8}and she's asking for something
that can actually help her
422
00:18:45,800 --> 00:18:49,233
{\an8}look more youthful,
and help her skin tighten.
423
00:18:49,233 --> 00:18:51,066
And this is something that she discussed
with me when we were sitting
424
00:18:51,066 --> 00:18:53,166
- at the table.
- What's your educational experience?
425
00:18:53,166 --> 00:18:56,300
- High school, college.
- Where?
426
00:18:56,300 --> 00:18:58,834
I went to, like, a couple
film and television schools.
427
00:18:58,834 --> 00:19:00,900
I asked you what college you went to.
428
00:19:00,900 --> 00:19:04,567
Oh. Um... Olympic College.
In Washington State.
429
00:19:04,567 --> 00:19:07,266
- And was that a four-year program?
- Two-year.
430
00:19:07,266 --> 00:19:08,500
- Two-year?
- Mm-hmm.
431
00:19:08,500 --> 00:19:10,367
Is that
a brick-and-mortar college,
432
00:19:10,367 --> 00:19:12,533
- or is that an online college?
- It's brick-and-mortar.
433
00:19:12,533 --> 00:19:13,934
And what did you study there?
434
00:19:13,934 --> 00:19:15,734
- Just the basics.
- What basics?
435
00:19:15,734 --> 00:19:18,367
G... Gen eds, you know,
your associates, your gen eds.
436
00:19:18,367 --> 00:19:20,967
And it had nothing to do
with my sales and skin care,
437
00:19:20,967 --> 00:19:22,967
but my sales and skin care...
438
00:19:22,967 --> 00:19:25,367
I... I actually deal
with every client fairly.
439
00:19:25,367 --> 00:19:26,567
- And I pride myself...
- Don't tell me
440
00:19:26,567 --> 00:19:28,333
that you deal with every client fairly.
441
00:19:28,333 --> 00:19:30,000
She wanted her money back the next day.
442
00:19:30,000 --> 00:19:31,033
She didn't want her money back
the next day.
443
00:19:31,033 --> 00:19:32,400
She didn't even come back the next day.
444
00:19:32,400 --> 00:19:33,500
When did she come back?
445
00:19:33,500 --> 00:19:37,266
It was, like, a week or two later.
She came back to the store
446
00:19:37,266 --> 00:19:39,100
{\an8}and wanted a refund, and I said,
447
00:19:39,100 --> 00:19:41,367
{\an8}- "Well, you...
- No, no, just a second.
448
00:19:41,367 --> 00:19:45,367
She came into the store
on February 21st, 2022.
449
00:19:45,367 --> 00:19:48,467
- Mm-hmm.
- You get home with all these products.
450
00:19:48,467 --> 00:19:50,633
You spread it around.
451
00:19:50,633 --> 00:19:54,033
Let's say this is aggressive salesmanship.
452
00:19:54,033 --> 00:19:55,433
Now, you're home.
453
00:19:55,433 --> 00:19:59,166
You had a previous experience
with being taken against your will,
454
00:19:59,166 --> 00:20:02,233
and held against your will,
according to what you told me.
455
00:20:02,233 --> 00:20:03,633
- Yes.
- So you know,
456
00:20:03,633 --> 00:20:05,500
that when that happens,
the police get involved.
457
00:20:05,500 --> 00:20:07,133
You didn't go to the police.
458
00:20:07,133 --> 00:20:08,533
- No, not...
- When you left...
459
00:20:08,533 --> 00:20:10,834
to say, you know,
"I was held against my will,"
460
00:20:10,834 --> 00:20:13,300
you took the products,
and you took the products home.
461
00:20:13,300 --> 00:20:15,533
- Right?
- Well, I didn't go directly home,
462
00:20:15,533 --> 00:20:18,166
I went to my friend's house,
she lives two blocks from there.
463
00:20:18,166 --> 00:20:20,400
I was so traumatized,
I couldn't drive.
464
00:20:20,400 --> 00:20:22,700
And I was beside myself.
465
00:20:22,700 --> 00:20:25,100
Okay. That was February 21st.
466
00:20:25,100 --> 00:20:27,567
- Yes.
- So, what did you do
467
00:20:27,567 --> 00:20:30,567
- next with regard to Mr. West?
- Okay.
468
00:20:30,567 --> 00:20:34,100
So, by that time
it was about 9:00 at night,
469
00:20:34,100 --> 00:20:35,800
ten, when I got home.
470
00:20:35,800 --> 00:20:39,166
{\an8}And, uh, I thought,
well, I'll call tomorrow
471
00:20:39,166 --> 00:20:41,200
{\an8}to tell him I want a refund.
472
00:20:41,200 --> 00:20:45,233
Actually, I called him
and told him that, and he says
473
00:20:45,233 --> 00:20:46,867
"Well, you're supposed to be
down here..."
474
00:20:46,867 --> 00:20:49,000
When the next...
when did you call him
475
00:20:49,000 --> 00:20:50,834
and tell him
you wanted a refund?
476
00:20:50,834 --> 00:20:53,800
It was, uh, the next day.
477
00:20:53,800 --> 00:20:57,233
When he called me.
I'm sorry, he called me the next day.
478
00:20:57,233 --> 00:20:58,767
And says, "Where are you?"
479
00:20:58,767 --> 00:21:00,467
And I says, "I'm at home."
480
00:21:00,467 --> 00:21:02,333
And he says, "Well, how come
you're not here
481
00:21:02,333 --> 00:21:05,567
for your free 12 facials
that I offered you?"
482
00:21:05,567 --> 00:21:08,800
And I says, "I don't want anything
from you,"
483
00:21:08,800 --> 00:21:11,633
and I didn't ask for anything from him.
484
00:21:11,633 --> 00:21:13,700
So he called you
to come in for a free facial?
485
00:21:13,700 --> 00:21:15,200
- Yes.
- And?
486
00:21:15,200 --> 00:21:19,400
And, and I says, "I don't plan
on coming in for any of the facials,
487
00:21:19,400 --> 00:21:21,400
much less 12 of them.
488
00:21:21,400 --> 00:21:25,867
What I'd like to come in for
is a refund on these products
489
00:21:25,867 --> 00:21:29,367
that I don't need, and I felt pressured
490
00:21:29,367 --> 00:21:32,266
into buying yesterday, and I can't,
491
00:21:32,266 --> 00:21:33,633
- you know, I don't want them."
- Okay.
492
00:21:33,633 --> 00:21:35,200
You say that didn't happen for a week?
493
00:21:35,200 --> 00:21:39,266
{\an8}Your Honor, she had a contract with us
for six months worth of treatments,
494
00:21:39,266 --> 00:21:42,467
{\an8}hydrafacials that she,
that we included in her purchase,
495
00:21:42,467 --> 00:21:45,333
{\an8}- that she signed. And...
- I'd like to see what she signed.
496
00:21:45,333 --> 00:21:47,967
It's actually on my phone,
I didn't print out a, a copy, because...
497
00:21:47,967 --> 00:21:49,367
- uh, because...
- Why not?
498
00:21:49,367 --> 00:21:51,400
'Cause I was rushing this morning
and I was...
499
00:21:51,400 --> 00:21:53,934
You were rushing this morning, you knew
you were coming to court for days.
500
00:21:53,934 --> 00:21:55,467
What do you mean,
you didn't print out a contract?
501
00:21:55,467 --> 00:21:57,767
Do you have a copy of a contract
that you signed?
502
00:21:57,767 --> 00:21:59,900
- Yes, I do.
- Fine.
503
00:21:59,900 --> 00:22:02,033
- I'll take a look at your...
- I also have a police re...
504
00:22:02,033 --> 00:22:04,266
- Do you want to see the police...
- I'd like to see a police report,
505
00:22:04,266 --> 00:22:06,100
and I'd like see a copy
of the contract you signed.
506
00:22:06,100 --> 00:22:10,166
Okay. And here's some fictitious
businesses that he's got as well.
507
00:22:10,166 --> 00:22:13,567
I can't hear, just hand me the stuff.
508
00:22:20,266 --> 00:22:23,166
Okay, this is the police report,
I want to see the contract,
509
00:22:23,166 --> 00:22:26,767
I'll read the police report
while you're looking for it.
510
00:22:26,767 --> 00:22:28,567
Here's the contract.
511
00:22:38,900 --> 00:22:40,567
Skin care, is that your company?
512
00:22:40,567 --> 00:22:42,600
- Is that the product you're referring to?
- Yes.
513
00:22:42,600 --> 00:22:46,300
Those are the medical devices
that we actually retail in the store.
514
00:22:46,300 --> 00:22:48,467
And we demonstrate them on the clients.
515
00:22:48,467 --> 00:22:50,367
And then typically, clients,
when they see a difference,
516
00:22:50,367 --> 00:22:51,867
they're, like, [gasps] "wow!"
517
00:22:51,867 --> 00:22:54,900
I, listen, you're not selling me, sir.
You know, stop making...
518
00:22:54,900 --> 00:22:56,667
This is not a sales pitch to me.
519
00:22:56,667 --> 00:22:59,934
What's your commission
when you sell an $8,000 light
520
00:23:00,066 --> 00:23:02,500
to make your skin nice?
What's your commission?
521
00:23:02,500 --> 00:23:03,934
Twenty percent.
522
00:23:03,934 --> 00:23:06,066
So yours personally is 20 percent?
523
00:23:06,066 --> 00:23:08,200
- How much do they buy them for?
- I'm not sure.
524
00:23:08,200 --> 00:23:09,133
What do you think?
525
00:23:09,133 --> 00:23:10,333
- I have no...
- What do you think?
526
00:23:10,333 --> 00:23:13,133
Take a good guess, you've been working
for them for three years.
527
00:23:13,133 --> 00:23:14,867
I don't know,
and I think that you'd have to factor in,
528
00:23:14,867 --> 00:23:17,533
like, the rent for the establishment,
and all of those things,
529
00:23:17,533 --> 00:23:20,100
so I don't really know
what the profit margin would be.
530
00:23:20,100 --> 00:23:23,900
Your Honor, on their website, they say
that each individually-owned
531
00:23:23,900 --> 00:23:27,000
brick-and-mortar store
is not affiliated with them,
532
00:23:27,000 --> 00:23:28,934
- that they run their own store.
- So it's franchises?
533
00:23:28,934 --> 00:23:31,734
It's a... it's sort of
a franchise-sque situation.
534
00:23:31,734 --> 00:23:33,533
Who owns your store?
535
00:23:33,533 --> 00:23:35,066
Or is it a franchise?
536
00:23:35,066 --> 00:23:38,667
- It's a franchise?
- No, d-d, it's not a question.
537
00:23:38,667 --> 00:23:41,367
Sounds like you were asking me
a question.
538
00:23:41,367 --> 00:23:45,400
Is it a company-owned store,
or is it a franchise?
539
00:23:45,400 --> 00:23:47,400
There's a company
that owns the store.
540
00:23:47,400 --> 00:23:50,633
- But it's a franchise.
- Yes, I believe so.
541
00:23:50,633 --> 00:23:54,166
I'm not familiar with the legalities
of the location,
542
00:23:54,166 --> 00:23:56,633
- and all the business agreements that...
- Who hired you?
543
00:23:56,633 --> 00:24:00,467
Um... it wasn't a hire.
I was, I was in business with him.
544
00:24:00,467 --> 00:24:02,467
Okay, well, it's getting
more interesting.
545
00:24:02,467 --> 00:24:04,367
Okay. So it wasn't a hire,
546
00:24:04,367 --> 00:24:07,500
you're in business with a man
whose name is what?
547
00:24:07,500 --> 00:24:09,400
- Um...
- Don't think about it.
548
00:24:09,400 --> 00:24:11,033
- I don't...
- If you're in business with somebody...
549
00:24:11,033 --> 00:24:12,533
- Yeah.
- You're a smart boy.
550
00:24:12,533 --> 00:24:14,333
I don't know how to pronounce
his last name.
551
00:24:14,333 --> 00:24:15,400
You went to a two-year college.
552
00:24:15,400 --> 00:24:17,467
What's the name
of your business partner?
553
00:24:17,467 --> 00:24:20,300
Um, I'm not, I don't know
how to pronounce the last name.
554
00:24:20,300 --> 00:24:21,233
What?
555
00:24:21,233 --> 00:24:22,567
I don't know how
to pronounce the last name.
556
00:24:22,567 --> 00:24:24,266
- Spell it.
- I don't actually know
557
00:24:24,266 --> 00:24:25,700
- how to spell it.
- Mm-hmm.
558
00:24:25,700 --> 00:24:28,900
- I'm sorry.
- And who leases the store
559
00:24:28,900 --> 00:24:31,300
where you... don't look up in the air.
560
00:24:31,300 --> 00:24:33,233
Y... It, it's gonna get only worse.
561
00:24:35,333 --> 00:24:37,166
To be continued...
562
00:24:39,133 --> 00:24:42,700
{\an8}Want justice?
Go to JudyJustice.tv.