1
00:00:00,266 --> 00:00:03,500
{\an8}Now you want to tell me
why you stopped paying rent?

2
00:00:03,500 --> 00:00:04,800
There was a flood in the house.

3
00:00:05,300 --> 00:00:08,100
And I said, "Oh my God,
there's water everywhere in the house."

4
00:00:08,100 --> 00:00:09,166
What's going on?

5
00:00:09,467 --> 00:00:11,233
Where did the leak come from?

6
00:00:11,233 --> 00:00:13,433
We don't know.
They never told us.

7
00:00:13,433 --> 00:00:14,633
Absolutely not.

8
00:00:15,300 --> 00:00:17,700
And three days later,
we get an eviction notice on our door...

9
00:00:18,100 --> 00:00:20,533
<i>This is Judy justice.</i>

10
00:00:37,100 --> 00:00:39,967
<i>Shawna Hellerman
and Monica Tway</i>

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00:00:39,967 --> 00:00:42,133
{\an8}<i>are suing their former tenants,</i>

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00:00:42,300 --> 00:00:45,767
{\an8}<i>Carl and Renee Antonucci,
for property damage,</i>

13
00:00:45,767 --> 00:00:48,467
<i>unpaid rent, and a bathtub.</i>

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00:00:48,800 --> 00:00:50,867
<i>Court come to order. All rise.</i>

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00:00:51,734 --> 00:00:52,967
Have seat, please.

16
00:00:55,066 --> 00:00:59,567
{\an8}Hello, Judge. Case 2154,
Hellerman, Tway versus Antonucci.

17
00:00:59,667 --> 00:01:00,934
{\an8}- Thank you.
- Welcome.

18
00:01:03,100 --> 00:01:08,233
Miss Antonucci, the Plaintiff
Miss Hallerman, gave you a job.

19
00:01:08,500 --> 00:01:10,233
{\an8}- Yes.
- When?

20
00:01:10,233 --> 00:01:13,667
{\an8}It's probably February of 2021.

21
00:01:13,667 --> 00:01:15,834
Where had you worked prior to that?

22
00:01:16,200 --> 00:01:17,967
I just worked, uh, for myself.

23
00:01:17,967 --> 00:01:19,433
Worked for yourself doing...

24
00:01:19,567 --> 00:01:21,200
- in the same... cleaning?
- Cleaning.

25
00:01:21,200 --> 00:01:23,367
Yes. And I worked for Rite Aid
as assistant manager.

26
00:01:23,367 --> 00:01:25,100
And your husband was in prison?

27
00:01:25,200 --> 00:01:26,967
For a year. Uh, last year.

28
00:01:27,066 --> 00:01:29,700
He was in prison on
a two-to-10-year sentence.

29
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{\an8}Correct?

30
00:01:30,967 --> 00:01:32,700
{\an8}A rider program.

31
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{\an8}And it's, it's about a one-year program.

32
00:01:35,600 --> 00:01:39,633
You were convicted in the state of Idaho
for what, sir? And when?

33
00:01:39,900 --> 00:01:43,667
That was, uh, 2012. Was a third DUI.

34
00:01:43,967 --> 00:01:48,734
Uh-huh. And at that time,
you were sentenced to two to 10 years.

35
00:01:48,867 --> 00:01:50,533
All Correct. Yes. My apologies.

36
00:01:50,633 --> 00:01:52,567
- There...
- I just read it online.

37
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So it's not a secret. It's out there.

38
00:01:55,266 --> 00:01:59,000
{\an8}So you were sentenced from two to 12
with a minimum of two years

39
00:01:59,100 --> 00:02:03,567
{\an8}and the rest of the sentence
was supposed to be on probation.

40
00:02:03,734 --> 00:02:04,600
Correct.

41
00:02:04,600 --> 00:02:07,867
{\an8}You violated the probation
and you were sent back to prison.

42
00:02:07,967 --> 00:02:08,834
{\an8}Correct.

43
00:02:08,834 --> 00:02:13,867
{\an8}And that decision, violating
your probation, you appealed.

44
00:02:13,867 --> 00:02:14,800
Correct.

45
00:02:15,233 --> 00:02:18,867
{\an8}And the Appellate court,
the highest court in the state of Idaho,

46
00:02:19,200 --> 00:02:23,400
affirmed the lower court decision
violating your parole.

47
00:02:23,567 --> 00:02:25,834
Probation. Yes, correct.
Your probation.

48
00:02:25,834 --> 00:02:28,967
And that was just six months ago.

49
00:02:29,200 --> 00:02:32,000
- No, it was...
- February of 2022,

50
00:02:32,000 --> 00:02:33,900
is when the opinion was published.

51
00:02:34,233 --> 00:02:36,033
- Does that sound right?
- Yes.

52
00:02:36,033 --> 00:02:37,900
- Okay.
- Response to that. Yes, correct.

53
00:02:37,900 --> 00:02:42,066
Yes. So what was your release date
from jail?

54
00:02:42,066 --> 00:02:43,333
It was January 11.

55
00:02:43,500 --> 00:02:46,533
- Just a second. Don't answer for him.
- Yeah, January 11th. Yeah.

56
00:02:47,033 --> 00:02:50,100
- January 11th of 2022.
- Correct.

57
00:02:50,233 --> 00:02:53,967
Now you had been working
for the plaintiff

58
00:02:54,066 --> 00:02:58,066
while he was incarcerated,
Miss Antonucci, without incident.

59
00:02:58,400 --> 00:03:01,066
That be a fair statement?
You were happy with them?

60
00:03:01,367 --> 00:03:03,500
I wasn't getting paid enough but yes.

61
00:03:03,500 --> 00:03:06,000
Nobody's ever getting paid enough.
Even I don't get paid enough.

62
00:03:06,000 --> 00:03:06,934
Right.

63
00:03:06,934 --> 00:03:09,800
Everybody thinks they're worth
more than they getting paid.

64
00:03:10,166 --> 00:03:12,834
You didn't quit.
You didn't complain.

65
00:03:13,233 --> 00:03:16,734
Now, at some point
when your husband got out of jail,

66
00:03:17,000 --> 00:03:21,200
there was a question about
where you were going to live.

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00:03:21,367 --> 00:03:24,533
{\an8}Were you living in the property
in question

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00:03:24,533 --> 00:03:27,166
{\an8}- before he got out of jail? No.
- No.

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00:03:27,400 --> 00:03:30,900
{\an8}So he was getting out of jail. Where were
you living while he was in jail?

70
00:03:31,200 --> 00:03:33,166
I was in Donnelly, Idaho in our motorhome.

71
00:03:33,166 --> 00:03:35,333
Is there a reason that
when he got out of jail

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00:03:35,333 --> 00:03:37,667
he couldn't go to the motorhome with you?

73
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He did.

74
00:03:38,567 --> 00:03:41,900
And then you tell me how you ended up
in their property.

75
00:03:42,367 --> 00:03:44,667
Shawna and Joe took us to dinner and...

76
00:03:44,667 --> 00:03:46,800
They took you to dinner
for what reason?

77
00:03:47,100 --> 00:03:48,667
I don't know.
Just take us dinner.

78
00:03:48,767 --> 00:03:50,633
- Well, that was nice.
- Yes, it was nice.

79
00:03:50,633 --> 00:03:51,567
Very nice.

80
00:03:51,567 --> 00:03:54,967
So, so far, you're working for people
that you seem to like,

81
00:03:55,200 --> 00:03:58,133
your husband is incarcerated.
He gets out of jail.

82
00:03:58,233 --> 00:04:00,800
I assume you've told them
he was getting out of jail,

83
00:04:00,900 --> 00:04:03,200
{\an8}that that's why he was around now.

84
00:04:03,333 --> 00:04:05,734
{\an8}I assume you told him
that he had been in prison.

85
00:04:05,967 --> 00:04:06,834
{\an8}- Yes.
- Okay.

86
00:04:06,834 --> 00:04:08,867
And they didn't hold that against him.

87
00:04:09,166 --> 00:04:10,800
- They invited you out for dinner.
- Yes.

88
00:04:11,133 --> 00:04:14,967
Tell me how the conversation came up
about a new place to live.

89
00:04:15,300 --> 00:04:17,800
We were just talking about moving to
Adams County.

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00:04:18,433 --> 00:04:20,467
- Why?
- Just a better situation.

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00:04:20,467 --> 00:04:21,400
Just a second.

92
00:04:21,533 --> 00:04:26,266
Was he required to be in
a particular county for his probation?

93
00:04:26,500 --> 00:04:27,433
No.

94
00:04:27,433 --> 00:04:29,934
Now was he required to live
in that county?

95
00:04:30,066 --> 00:04:33,033
No, he's not unless he puts
in a request to move.

96
00:04:33,500 --> 00:04:34,667
And that was approved.

97
00:04:34,667 --> 00:04:37,900
Well, is there any reason
why you put in a request to move

98
00:04:38,000 --> 00:04:39,900
after he was released from prison?

99
00:04:40,000 --> 00:04:43,333
Yes. Because they offered, um,
talk to Monica about the house

100
00:04:43,333 --> 00:04:45,200
that was coming up for rent
in Adams County.

101
00:04:45,200 --> 00:04:47,467
Just a second, who knew about the house?

102
00:04:47,467 --> 00:04:49,767
Did you know about the house
that was coming up for rent?

103
00:04:49,767 --> 00:04:50,967
- No.
- Yeah,

104
00:04:50,967 --> 00:04:54,467
I'm not getting a sense
of forthcoming answers from you.

105
00:04:54,800 --> 00:04:57,066
- You have somebody who cleans for you...
- Mm-hmm.

106
00:04:57,066 --> 00:04:58,900
...whose husband has been incarcerated,

107
00:04:59,166 --> 00:05:01,266
who hasn't been living
in any of your property.

108
00:05:01,266 --> 00:05:02,800
Now he's coming out of jail.

109
00:05:02,800 --> 00:05:06,834
And I want you to tell me how
the discussion of a place to live came up.

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00:05:07,033 --> 00:05:08,567
{\an8}- You're out to dinner?
- Yes.

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00:05:08,700 --> 00:05:10,700
{\an8}We invited him out to dinner.
We were excited to meet him.

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00:05:10,700 --> 00:05:15,166
They had mentioned they had put in
for a change of probation officers.

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So he put in a request
for a new probation officer?

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Yes.

115
00:05:19,767 --> 00:05:24,834
But for the fact that you told them,
they would have no way of knowing

116
00:05:24,934 --> 00:05:27,600
that you had to move
from one place to another.

117
00:05:27,600 --> 00:05:30,166
You had to have told them
you put in a request to move.

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00:05:30,266 --> 00:05:32,100
- We're just looking for a place to live.
- No, actually, actually...

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You approach them and said,
"Do you have a place for us"?

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00:05:36,200 --> 00:05:39,133
- No, I did not.
- Well then, how did it come about?

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{\an8}There was sort of acrimony
at the end of your moving out,

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00:05:44,333 --> 00:05:46,066
{\an8}but I'm going to take one thing at a time.

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{\an8}They say that when you moved out
you took a claw bathtub.

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{\an8}Did you take the bathtub?
The answer was either yes or no.

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00:06:04,633 --> 00:06:08,100
<i>Shawna Hellerman
and Monica Tway are accusing</i>

126
00:06:08,200 --> 00:06:11,600
{\an8}<i>their former tenants,
Carl and Renee Antonucci,</i>

127
00:06:11,600 --> 00:06:14,633
<i>of not paying rent and stealing a tub.</i>

128
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We were friends.

129
00:06:16,400 --> 00:06:17,834
- And they invited us for dinner.
- Who was friends?

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00:06:17,834 --> 00:06:19,400
- Just a second...
- Shawna and I were friends.

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Yes.

132
00:06:20,367 --> 00:06:22,700
- This is somebody who's a friend of yours.
- Yes, I didn't...

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00:06:22,700 --> 00:06:26,367
I clean her house, uh, very randomly,
but I was a subcontractor.

134
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I was not an employee.

135
00:06:27,734 --> 00:06:29,800
In fact, I called myself
an employee of her's once,

136
00:06:29,800 --> 00:06:31,000
and she said, "You're not an employee.

137
00:06:31,000 --> 00:06:33,600
You're my friend
or you're a subcontractor."

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00:06:33,600 --> 00:06:36,233
{\an8}So we were at dinner,
and we're saying that

139
00:06:36,333 --> 00:06:38,266
{\an8}we were wanting to look
for a place to live.

140
00:06:38,500 --> 00:06:43,166
And Joe said, "Oh, well, there's place
in Adams County that Monica just bought.

141
00:06:43,433 --> 00:06:45,533
I'll talk to her about you guys moving
in there."

142
00:06:45,633 --> 00:06:47,467
That's how we came to know
about that place.

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00:06:47,467 --> 00:06:48,400
Great.

144
00:06:48,400 --> 00:06:50,600
We were fine with living in our motorhome,

145
00:06:50,600 --> 00:06:53,600
but it would be nice to have more room,
so we're excited about that.

146
00:06:53,734 --> 00:06:55,066
That's how we found out about it.

147
00:06:55,266 --> 00:06:58,567
You found out about it
because you needed a place to live,

148
00:06:58,567 --> 00:07:00,967
- that you were moving.
- We didn't, well...

149
00:07:01,066 --> 00:07:02,400
That's according to your husband.

150
00:07:02,400 --> 00:07:04,767
{\an8}As a general contractor
trying to find housing,

151
00:07:04,767 --> 00:07:07,967
{\an8}one of my ideas was, well,
let's rent a house, let's rent a place.

152
00:07:08,200 --> 00:07:11,767
{\an8}I need space cause I've trailers,
I have a flatbed, I've cargo trailer.

153
00:07:12,066 --> 00:07:15,400
I've the two vehicles and the Harley.
I need a garage, I need a shop.

154
00:07:15,400 --> 00:07:17,133
I need to, you know, expand.

155
00:07:17,133 --> 00:07:20,266
That's the sole reason
for finding a different place.

156
00:07:20,400 --> 00:07:22,934
And also trying to save money
to buy a home

157
00:07:23,300 --> 00:07:25,800
and recover and do all these things,
you know,

158
00:07:25,900 --> 00:07:28,567
- build my business, so forth. And...
- Ultimately, you moved out.

159
00:07:28,867 --> 00:07:31,533
There was sort of acrimony
at the end of you're moving out,

160
00:07:31,533 --> 00:07:33,200
but I'm going to take one thing at a time.

161
00:07:33,200 --> 00:07:36,767
They say that when you moved out,
you took a club bathtub.

162
00:07:36,767 --> 00:07:40,734
I know what those are, they are sort of,
a decorative old piece.

163
00:07:40,734 --> 00:07:44,800
I had them, say-- sometimes use them now
when they renovate houses

164
00:07:44,900 --> 00:07:47,433
and put modern stuff around
this claw bathtub.

165
00:07:47,433 --> 00:07:49,133
Did you take the bathtub?

166
00:07:50,200 --> 00:07:52,000
The answer is either yes or no.

167
00:07:52,100 --> 00:07:53,333
- Yes.
- Of course.

168
00:07:53,533 --> 00:07:55,100
You say you took it in the answer.

169
00:07:55,667 --> 00:07:57,834
Did you have permission to take it?

170
00:07:58,066 --> 00:07:58,934
- Yes.
- Yes.

171
00:07:59,300 --> 00:08:00,834
Who gave you permission?

172
00:08:00,834 --> 00:08:02,333
- Monica.
- Monica,

173
00:08:02,600 --> 00:08:04,333
{\an8}did you give them permission to take it?

174
00:08:04,333 --> 00:08:06,800
{\an8}Absolutely, not.
I did not give them permission to take it.

175
00:08:06,800 --> 00:08:11,066
So now I want one of you to tell me
when the conversation took place,

176
00:08:11,166 --> 00:08:14,233
where it took place, and who was present.

177
00:08:14,633 --> 00:08:16,266
One of you is gonna talk to me.

178
00:08:16,467 --> 00:08:19,967
When we're about to move in and doing
the walkthrough of the residence.

179
00:08:19,967 --> 00:08:21,834
No, just a second, not moving out?

180
00:08:22,166 --> 00:08:23,433
- You were going to move in.
- Right.

181
00:08:23,433 --> 00:08:27,567
And you moved into
the residence in February of 2021.

182
00:08:27,567 --> 00:08:30,066
- What month?
- No, we moved in in April.

183
00:08:30,266 --> 00:08:34,033
April of 2022? And you moved out when?

184
00:08:34,166 --> 00:08:37,066
August 21st... of 2022, of course.

185
00:08:37,233 --> 00:08:41,533
Okay, so what you're saying
Antonucci is that in April--

186
00:08:41,633 --> 00:08:43,100
now you gonna tell me your story--

187
00:08:43,100 --> 00:08:48,433
in April you were walking through
the premises with the owner.

188
00:08:48,633 --> 00:08:51,400
I was gonna do some work on the place too
before we moved in

189
00:08:51,400 --> 00:08:55,433
and when we moved in at some of the trade
or I would bill them at a discounted rate

190
00:08:55,667 --> 00:08:58,767
and, uh, there was supposed to be
a fireplace or wood stove.

191
00:08:59,133 --> 00:09:01,000
Really the main reason I moved
into this place

192
00:09:01,000 --> 00:09:02,900
was because of wood stove. Electricity...

193
00:09:02,900 --> 00:09:05,734
Listen to me, I don't care.

194
00:09:06,300 --> 00:09:10,533
Bathtub. I don't care about a fireplace.
I care about a bathtub.

195
00:09:10,533 --> 00:09:13,500
Yeah. Discussion comes up
about the bathtub.

196
00:09:13,734 --> 00:09:17,867
She says she's not going to plumb it in,
and she says, "If you guys want the tub,

197
00:09:18,000 --> 00:09:21,233
you can keep it. You can,
you can plumb it in if you want.

198
00:09:21,233 --> 00:09:24,166
But, you know, I'm not gonna plumb it in
and deal with it."

199
00:09:24,166 --> 00:09:25,934
Okay, so she said to you

200
00:09:26,100 --> 00:09:30,333
she had this bathtub there
that she didn't want to plumb in.

201
00:09:30,467 --> 00:09:32,500
- I assume that means "connect".
- Correct.

202
00:09:32,633 --> 00:09:34,233
- Because the...
- Connect to water.

203
00:09:34,233 --> 00:09:36,100
She didn't want to plumb it in.

204
00:09:36,100 --> 00:09:39,200
You can either use it
if you want to plumb it in or not.

205
00:09:39,300 --> 00:09:40,533
- That's what she said to you?
- No.

206
00:09:40,533 --> 00:09:42,967
No! Only him.

207
00:09:43,100 --> 00:09:44,367
- Have.
- No, I didn't hear,

208
00:09:44,367 --> 00:09:47,600
I didn't hear the word "have".
You wanna read back what he said?

209
00:09:47,600 --> 00:09:48,633
Please?

210
00:09:48,800 --> 00:09:51,200
He says, "Discussion comes up
about the bathtub".

211
00:09:51,200 --> 00:09:53,367
She says, "I'm not going
to plumb this thing in".

212
00:09:53,367 --> 00:09:55,400
She says, "if you guys want the tub,
you can keep it"

213
00:09:55,400 --> 00:09:57,033
"you can plumb it in if you want".

214
00:09:57,033 --> 00:09:59,200
"But, you know, I'm not going to plumb it
in and deal with it."

215
00:09:59,533 --> 00:10:01,266
You want to use it,
you can use it.

216
00:10:01,367 --> 00:10:03,533
- Keep it. Keep it. Have it.
- If you keep it...

217
00:10:03,533 --> 00:10:05,967
Not keep it and take it away with you.

218
00:10:06,166 --> 00:10:08,467
You're moving in to her house.

219
00:10:08,667 --> 00:10:12,133
She said this bathtub isn't connected
to water.

220
00:10:12,433 --> 00:10:14,967
You can, if you want to, plumb it in.

221
00:10:15,400 --> 00:10:18,567
Of course, according to you, she knew
you were in the construction business.

222
00:10:18,667 --> 00:10:22,166
And keep it or not,
but I'm not plumbing it in.

223
00:10:22,400 --> 00:10:25,367
And you view that, four months later,

224
00:10:25,467 --> 00:10:26,967
as saying "I can take the bathtub."

225
00:10:27,100 --> 00:10:29,066
- Yeah, there's more discussion about it.
- Yeah, it was.

226
00:10:29,066 --> 00:10:32,066
- Let me here the more discussion about it.
- She didn't want the tub.

227
00:10:32,367 --> 00:10:35,400
Just a second.
That's a conclusion in your mind

228
00:10:35,734 --> 00:10:37,200
that she didn't want the tub.

229
00:10:37,200 --> 00:10:40,367
Based upon what you just said to me,
if you're moving into a house,

230
00:10:40,533 --> 00:10:44,033
you're moving into a place,
that statement that she made

231
00:10:44,233 --> 00:10:48,834
could not be construed in my mind
as you can "have," "keep,"

232
00:10:48,934 --> 00:10:53,033
"it now belongs to you," the bathtub.
You can either plumb it in or not.

233
00:10:53,233 --> 00:10:55,000
If you want to keep it, plumb it in.

234
00:10:55,100 --> 00:10:56,867
And if you don't want to keep it,
don't plumb it in.

235
00:10:56,867 --> 00:10:58,834
Okay, where's the bathtub?

236
00:10:59,266 --> 00:11:02,066
- In storage?
- They get it back. Five days.

237
00:11:02,066 --> 00:11:04,000
- She said she was gonna...
- Five days.

238
00:11:04,367 --> 00:11:06,934
- Thank you, Your Honor.
- Five. I'll give you an order.

239
00:11:06,934 --> 00:11:08,900
Is that all you have to contribute
to this case?

240
00:11:08,900 --> 00:11:11,433
Some other witnessing, but that...

241
00:11:11,667 --> 00:11:13,233
- That...
- Then as a witness, you can sit down.

242
00:11:13,233 --> 00:11:15,367
{\an8}You're getting your bathtub back
in five days.

243
00:11:15,367 --> 00:11:17,133
{\an8}- Okay, thank you, Your Honor.
- Good.

244
00:11:17,133 --> 00:11:22,100
{\an8}Now, let's talk about the next thing,
which is damages to the duplex.

245
00:11:22,100 --> 00:11:24,567
So they moved in in April.
Did they pay rent in April?

246
00:11:24,567 --> 00:11:26,700
- Yes, they did.
- They paid rent in May?

247
00:11:27,266 --> 00:11:29,633
- Yes, they did pay for May.
- And June?

248
00:11:30,700 --> 00:11:32,600
No, they have not completed their payment
for June.

249
00:11:32,600 --> 00:11:35,567
- How much was their rent?
- Twelve hundred a month.

250
00:11:35,900 --> 00:11:37,433
How much did they pay in June?

251
00:11:37,433 --> 00:11:41,467
They still have $80 owing,
$30 in rent and $50 late fee.

252
00:11:41,567 --> 00:11:43,133
Okay. I'm not interest...

253
00:11:43,133 --> 00:11:44,934
- What about July?
- Nothing.

254
00:11:45,066 --> 00:11:46,667
Was there any rent in July?

255
00:11:46,867 --> 00:11:48,166
No. No payments. No.

256
00:11:48,166 --> 00:11:51,033
- Did you live in the premises in July?
- Yes.

257
00:11:51,300 --> 00:11:57,166
You were evicted on 8/21.
Up until the 21st of August,

258
00:11:57,166 --> 00:11:59,066
- were you living in the premises?
- Yes.

259
00:11:59,400 --> 00:12:01,333
- Did you pay rent in August?
- No.

260
00:12:01,467 --> 00:12:05,934
{\an8}Okay. Now you want to tell me
why you stopped paying rent in July?

261
00:12:06,066 --> 00:12:08,400
{\an8}Yes, on July 10th,
there was a flood in the house.

262
00:12:08,767 --> 00:12:11,033
July 10th, there was a flood in the house
from where?

263
00:12:11,033 --> 00:12:12,400
- We believe it was a spigot.
- We never...

264
00:12:12,400 --> 00:12:13,567
No one ever told us

265
00:12:13,700 --> 00:12:15,834
- where it came from.
- No, no, no. But you're living there.

266
00:12:16,200 --> 00:12:17,066
They're not living there.

267
00:12:17,166 --> 00:12:18,600
- Right, you're living there.
- Upstairs and...

268
00:12:18,600 --> 00:12:20,834
I'm only going to listen to one person.

269
00:12:21,400 --> 00:12:22,900
Not talking over each other.

270
00:12:23,066 --> 00:12:25,500
- Is that you or your wife?
- Me.

271
00:12:25,600 --> 00:12:31,200
Fine. You're living there
April, May, June. July, there's a leak.

272
00:12:31,200 --> 00:12:34,200
I'm living in a house.
I know where the leak came.

273
00:12:34,767 --> 00:12:36,467
Leak comes from a refrigerator,

274
00:12:36,467 --> 00:12:38,700
it comes from a window,
it comes from a ceiling.

275
00:12:39,100 --> 00:12:42,000
It comes from something.
Where did the leak come from?

276
00:12:42,000 --> 00:12:44,533
Yeah, I wasn't home for that.
We came home to the flood.

277
00:12:44,533 --> 00:12:46,867
I came home to the flood at like 8:40.

278
00:12:46,867 --> 00:12:48,900
Was it coming from the apartment
above you?

279
00:12:48,900 --> 00:12:50,800
- No, it was not.
- Where was it coming from?

280
00:12:53,400 --> 00:12:57,000
{\an8}I called Monica and I said, "Oh, my God,
there's water everywhere in the house.

281
00:12:57,000 --> 00:12:59,433
{\an8}What's going on?"
She didn't know what was going on.

282
00:12:59,433 --> 00:13:02,433
{\an8}So we were trying to figure out
where to turn the water off.

283
00:13:02,433 --> 00:13:05,200
{\an8}I'm still trying to figure out
if you live there in July,

284
00:13:05,200 --> 00:13:06,700
{\an8}why weren't you paying rent?

285
00:13:18,266 --> 00:13:22,600
<i>Shana Hellerman and Monica Tway
claimed their former tenants,</i>

286
00:13:22,800 --> 00:13:27,667
{\an8}<i>Carl and Renee Antonucci,
owe for unpaid rent and a bathtub.</i>

287
00:13:27,667 --> 00:13:30,700
<i>Carl and Renee are countersuing
for property damage</i>

288
00:13:30,700 --> 00:13:32,233
<i>and loss of income.</i>

289
00:13:32,533 --> 00:13:35,433
Okay, was it coming from
the apartment above you?

290
00:13:35,533 --> 00:13:37,066
{\an8}- No, it was not.
- Where was it coming from?

291
00:13:37,066 --> 00:13:39,500
{\an8}Apparently, there was
a broken, uh, plumbing pipe

292
00:13:39,734 --> 00:13:42,700
from the front spigot
leak underneath the house

293
00:13:42,700 --> 00:13:44,166
and came up through the...

294
00:13:44,166 --> 00:13:49,166
So there was a broken internal pipe
as far as you know.

295
00:13:49,166 --> 00:13:51,867
Now, your husband's
in the construction business, he said.

296
00:13:51,967 --> 00:13:53,700
So when the flood happened,

297
00:13:54,033 --> 00:13:56,400
did you try to find
the source of the flood?

298
00:13:56,667 --> 00:13:58,533
- I wasn't home, Your Honor.
- Where were you?

299
00:13:58,667 --> 00:14:01,400
- I was at work.
- Well, eventually did you come home?

300
00:14:01,533 --> 00:14:03,100
Yeah, I came home that evening real quick.

301
00:14:03,100 --> 00:14:05,834
Well, that evening. Did you try to find
where the leak came from?

302
00:14:05,834 --> 00:14:08,033
{\an8}I can-- I had to get back to work.
They were--

303
00:14:08,033 --> 00:14:10,700
{\an8}she was dealing with the cleanup.
The water was turned off.

304
00:14:10,700 --> 00:14:12,967
And they were sending a plumber
or something.

305
00:14:12,967 --> 00:14:15,300
- So they...
- Monica said, she would take care of it...

306
00:14:15,300 --> 00:14:18,867
So they turned off the water,
which is perfectly reasonable

307
00:14:19,166 --> 00:14:23,367
because the water is coming
from an internal pipe that burst. Right?

308
00:14:23,533 --> 00:14:25,433
And then what happened?
I'm still trying to figure out...

309
00:14:25,433 --> 00:14:29,200
They did not turn off the water
until after. I got home, I walked in,

310
00:14:29,200 --> 00:14:33,300
so I called Monica and I said, "Oh my God,
there's water everywhere in the house.

311
00:14:33,300 --> 00:14:35,967
What's going on?"
She didn't know what was going on.

312
00:14:35,967 --> 00:14:38,834
So we were trying to figure out
where to turn the water off.

313
00:14:38,967 --> 00:14:40,934
- So that's when the water...
- Okay, I understand so far...

314
00:14:40,934 --> 00:14:43,200
One hundred percent understand you.

315
00:14:43,200 --> 00:14:46,433
Got it. You came home, you found water,
trying to find where it comes from.

316
00:14:46,633 --> 00:14:48,433
Finally, turned off the water.

317
00:14:48,734 --> 00:14:51,066
I'm still trying to figure out
if you lived there in July,

318
00:14:51,066 --> 00:14:52,934
why weren't you paying rent?

319
00:14:53,200 --> 00:14:55,567
{\an8}We were behind on rent
because I was working

320
00:14:55,567 --> 00:14:59,133
{\an8}and he was trying to get his job
situated down in, uh, Boise

321
00:14:59,133 --> 00:15:01,100
or wherever he could get contracts
with his injuries.

322
00:15:01,100 --> 00:15:04,633
So, what you're telling me is
that you didn't pay rent in July

323
00:15:04,734 --> 00:15:06,200
because you didn't have the money?

324
00:15:06,200 --> 00:15:08,734
- No, we did not have the money.
- Well, that's what I'm asking you.

325
00:15:08,900 --> 00:15:11,567
So other than the fact
that you didn't have money,

326
00:15:11,700 --> 00:15:14,033
there was no reason
why you didn't pay rent.

327
00:15:14,033 --> 00:15:16,567
We were making payments
whenever we could.

328
00:15:16,567 --> 00:15:18,467
- And that was fine for Shawna.
- You made no payments in July.

329
00:15:18,467 --> 00:15:21,166
You made no payment in July? No.

330
00:15:21,266 --> 00:15:23,700
- In June you did. In July, you did not.
- In June we did. In July, we did not.

331
00:15:23,900 --> 00:15:26,133
- Listen...
- As long as I was still working for them,

332
00:15:26,233 --> 00:15:28,834
that was fine when we really
are making payments to them.

333
00:15:28,834 --> 00:15:31,133
Just a second.
You made no payments in July

334
00:15:31,133 --> 00:15:34,233
and you made no payments in August.
You had made payments in

335
00:15:34,233 --> 00:15:35,800
- April, May...
- I wasn't goingt to pay for August...

336
00:15:35,900 --> 00:15:37,133
- ...and June.
- ...when we had a flood.

337
00:15:37,133 --> 00:15:39,166
- I'm just telling you.
- Yes.

338
00:15:39,166 --> 00:15:42,300
{\an8}I'm asking you a question.
Is the reason you didn't pay your rent

339
00:15:42,300 --> 00:15:44,500
{\an8}- because you didn't have any money?
- Yes, Your Honor.

340
00:15:44,700 --> 00:15:46,200
{\an8}Okay, then you owe them the rent.

341
00:15:46,467 --> 00:15:49,066
Twenty-four hundred dollars.
You lived there...

342
00:15:49,266 --> 00:15:51,066
- It was a...
- Wait, wait a minute, Your Honor.

343
00:15:51,066 --> 00:15:54,734
I'm not speaking to you. Listen,
you're a tag along on this whole thing.

344
00:15:54,734 --> 00:15:55,700
You understand that?

345
00:15:55,834 --> 00:15:57,700
I think these people were very nice
to you.

346
00:15:57,800 --> 00:15:59,233
I probably...
I'm not. I'm not...

347
00:15:59,233 --> 00:16:01,800
Yeah, I probably wouldn't have been
as nice.

348
00:16:01,800 --> 00:16:03,133
- The house was flooded,
- The house was flooded.

349
00:16:03,133 --> 00:16:04,734
- That is why I couldn't pay the rent.
- I've already...

350
00:16:04,734 --> 00:16:06,900
- Just a sec, just a second.
- It shut my business down.

351
00:16:06,900 --> 00:16:07,934
It shut my business down.

352
00:16:07,934 --> 00:16:08,934
That house was flooded.

353
00:16:08,934 --> 00:16:11,233
My plans are ruined, my computer's...

354
00:16:11,533 --> 00:16:14,200
There was two inches of water.
1800 square feet of flood.

355
00:16:14,200 --> 00:16:16,667
- Yeah.
- Monica said she's gonna come over...

356
00:16:16,667 --> 00:16:19,600
Mr. Antonucci,
you can't talk over me, sir.

357
00:16:19,600 --> 00:16:22,500
- Apologies but...
- Just listen, you can't talk over me.

358
00:16:22,500 --> 00:16:25,734
I'm older than you are,
and I've lived in many apartments.

359
00:16:26,200 --> 00:16:28,867
And believe me,
I have been the cause of a flood

360
00:16:29,367 --> 00:16:32,767
and I've been the recipient of floods
from people around me.

361
00:16:33,133 --> 00:16:35,033
Usually, it's an accident.

362
00:16:35,033 --> 00:16:37,433
- That usually is not on purpose.
- Yeah.

363
00:16:37,433 --> 00:16:40,233
Very few people turn on their bathtub

364
00:16:40,233 --> 00:16:43,500
and say I'm gonna
let this bathtub overflow

365
00:16:43,500 --> 00:16:45,266
into my bottom neighbor's house.

366
00:16:45,266 --> 00:16:49,200
It's usually as a result of a broken pipe
which nobody can see.

367
00:16:49,567 --> 00:16:53,500
Or an air conditioner plugs up
and the pan overflows

368
00:16:53,600 --> 00:16:55,834
and the, whatever they call it,

369
00:16:55,834 --> 00:16:58,834
the little waterbug signal
doesn't go blink, blink.

370
00:16:58,934 --> 00:17:01,800
So you don't even know
that it's going off and there's a flood.

371
00:17:01,800 --> 00:17:03,200
That's not somebody's fault.

372
00:17:03,200 --> 00:17:06,700
So now you have a flood
that is nobody's fault--

373
00:17:07,066 --> 00:17:11,100
not yours because you're the tenants.
So clearly it wasn't your fault.

374
00:17:11,200 --> 00:17:14,633
Not something that they anticipated
and not something that they were derelict

375
00:17:14,633 --> 00:17:19,400
in taking care of.
So now, what did they do

376
00:17:19,533 --> 00:17:23,667
once the initial mess was cleaned up?
How did they fix it?

377
00:17:23,667 --> 00:17:27,100
- Did they fix the pipe?
- We don't know. They never told us.

378
00:17:27,100 --> 00:17:29,734
I mean they said that
a plumber came to the house.

379
00:17:29,734 --> 00:17:33,300
He left a hole in the, uh, in the ceiling,
which I have a picture of.

380
00:17:33,567 --> 00:17:37,066
Just a second, you live there
the whole month of July and into August.

381
00:17:37,066 --> 00:17:38,400
Did you have water?

382
00:17:38,567 --> 00:17:41,967
Just answer my question. You lived there
the whole month of July

383
00:17:41,967 --> 00:17:45,667
after this happened
and the majority of August.

384
00:17:45,667 --> 00:17:47,500
Did it flood again?

385
00:17:47,600 --> 00:17:49,533
- No, because we...
- Just-- not "because."

386
00:17:49,734 --> 00:17:51,133
It didn't flood again.

387
00:17:51,567 --> 00:17:56,166
And what did the Plaintiff do
to remediate that?

388
00:17:56,166 --> 00:17:58,333
Did they put in fans or blowers?

389
00:17:58,333 --> 00:18:02,200
They, they put in one fan and then
she finally brought five more over.

390
00:18:02,200 --> 00:18:04,600
So I had six fans in
an 1800-square-foot house

391
00:18:04,734 --> 00:18:07,200
and one window that opened.
We lived in the basement...

392
00:18:07,200 --> 00:18:10,100
So they put in fans,
you said, they put in one...

393
00:18:10,100 --> 00:18:13,066
She bought them and I plugged them
and I brought them-- put them on--

394
00:18:13,066 --> 00:18:15,100
and I put them in the bedrooms,
in the hallway,

395
00:18:15,100 --> 00:18:16,433
- in the kitchen, living room.
- Oh, listen,

396
00:18:16,433 --> 00:18:19,734
I have a feeling that you're a victim
in more ways than one.

397
00:18:19,734 --> 00:18:21,400
That's what you're supposed to do.

398
00:18:21,734 --> 00:18:22,767
- You are living there.
- Right.

399
00:18:22,767 --> 00:18:24,800
They sent it over
and you plugged them into the wall.

400
00:18:24,800 --> 00:18:25,967
That's what you're telling me.

401
00:18:25,967 --> 00:18:28,133
- And there's also a...
- Twenty-four hundred...

402
00:18:28,133 --> 00:18:29,333
Twenty-four hundred dollars.

403
00:18:29,333 --> 00:18:31,567
You owe them two month's rent
and the bathtub.

404
00:18:31,567 --> 00:18:35,333
Let's go for next.
What damages to the duplex, Ms. Hellerman?

405
00:18:35,333 --> 00:18:39,066
We had some drywall damages,
lot of garbage debris,

406
00:18:39,166 --> 00:18:41,934
- large dump run, couch...
- Yeah, I'm not interested in that.

407
00:18:42,033 --> 00:18:44,133
Twenty-four hundred dollars
and the bathtub.

408
00:18:44,734 --> 00:18:46,567
Now I'm gonna get to your counterclaim.

409
00:18:46,567 --> 00:18:50,166
Money owed for loss of income,
damage to a motorcycle,

410
00:18:50,166 --> 00:18:51,266
wrongful eviction...

411
00:18:51,266 --> 00:18:54,100
Well, you didn't pay your rent,
so the wrongful eviction is out.

412
00:18:54,467 --> 00:18:56,367
Defamation. What's the defamation?

413
00:18:56,533 --> 00:18:59,834
So Monica sent me a text
when I quit working for her,

414
00:19:00,300 --> 00:19:02,767
and it said,
"Thanks for dropping off the keys."

415
00:19:02,767 --> 00:19:03,700
I said, "You're welcome".

416
00:19:03,700 --> 00:19:05,934
She goes, "Really thank you for giving me
one day notice.

417
00:19:05,934 --> 00:19:08,767
No good deed-- dot, dot, dot--
goes unpunished."

418
00:19:08,867 --> 00:19:11,467
{\an8}And three days later,
we get an eviction notice on our door...

419
00:19:11,467 --> 00:19:13,500
{\an8}- But we...
- I want to know what the defamation is.

420
00:19:13,500 --> 00:19:15,767
{\an8}What's the defamation? Nothing.

421
00:19:15,767 --> 00:19:18,834
Crossed out defamation.
Damage to my motorcycle?

422
00:19:19,133 --> 00:19:22,300
Yeah, they laid gravel down
in the driveway without notification

423
00:19:22,467 --> 00:19:25,166
and you can't ride a 900-pound Harley
through gravel.

424
00:19:25,433 --> 00:19:27,000
So his bike went down.

425
00:19:27,100 --> 00:19:30,266
Twenty-four hundred dollars. Judgment for
the Plaintiff. Counter claims dismissed.

426
00:19:30,266 --> 00:19:31,900
We're done here,
and she is absolutely right.

427
00:19:31,900 --> 00:19:33,500
"No good deed goes unpunished".

428
00:19:33,800 --> 00:19:34,967
This court is adjourned.

429
00:19:35,900 --> 00:19:38,200
{\an8}She definitely got to the bottom
of their character.

430
00:19:38,200 --> 00:19:39,700
That house was a deathtrap.

431
00:19:39,700 --> 00:19:43,033
We received a text with pictures
of small puddles throughout the home

432
00:19:43,033 --> 00:19:44,233
on a concrete slab...

433
00:19:44,233 --> 00:19:45,467
She didn't want to plumb the tub in

434
00:19:45,467 --> 00:19:47,266
{\an8}and she said we could have it
if you want to use it.

435
00:19:47,266 --> 00:19:48,500
{\an8}Because if not, she's gonna get rid of it,

436
00:19:48,500 --> 00:19:49,800
{\an8}she's gonna throw it away,
take it to the dump.

437
00:19:49,800 --> 00:19:51,834
{\an8}I didn't ever tell him
that they can have the tub.

438
00:19:51,834 --> 00:19:54,333
{\an8}I told him I was not going to install it
at that time

439
00:19:54,333 --> 00:19:59,367
{\an8}and that I had already arranged to have
the tub removed. I was going to store it.

440
00:20:00,433 --> 00:20:04,767
You know, I think what bothers me more
than anything else about cases like that

441
00:20:04,767 --> 00:20:06,767
is that those were two nice people.

442
00:20:06,767 --> 00:20:08,800
- The Plaintiffs were two nice people.
- Sure.

443
00:20:08,800 --> 00:20:12,133
And they actually took a chance.

444
00:20:12,567 --> 00:20:15,200
They had an employee
who was there for a year.

445
00:20:15,467 --> 00:20:17,934
Now she's got a husband
who's recently released

446
00:20:17,934 --> 00:20:21,166
from, um, whatever kind of prison
he was in.

447
00:20:21,300 --> 00:20:23,233
But they welcomed him,
they took him to dinner.

448
00:20:23,233 --> 00:20:26,266
They needed a new place to live,
and then they leave the place a mess.

449
00:20:26,266 --> 00:20:28,166
They give them no notice.

450
00:20:28,166 --> 00:20:30,433
They just dropped the keys
and we're leaving.

451
00:20:30,433 --> 00:20:33,734
And don't pay rent for two months
and took property

452
00:20:33,934 --> 00:20:37,800
that he knew was valuable
because they moved back to their motorhome

453
00:20:37,800 --> 00:20:41,400
so they didn't need a claw bathtub,
which are expensive...

454
00:20:41,500 --> 00:20:42,700
They pay for that storage...

455
00:20:42,700 --> 00:20:44,400
But they pay for the storage
in order to keep it.

456
00:20:44,500 --> 00:20:48,333
So the Plaintiff was right--
no good deed goes unpunished.

457
00:20:48,333 --> 00:20:49,233
- True.
- Too bad.

458
00:20:50,867 --> 00:20:54,467
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