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00:00:00,200 --> 00:00:01,734
You claim he said to you--
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"I have your two dogs."
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Listen to me.
4
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"You're never going to see them again."
5
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Stop talking. Listen.
6
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He took my dogs and my cats.
7
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You're trying to speak over me!
8
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Okay.
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00:00:13,133 --> 00:00:15,166
I may not be finished with you.
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This is Judy Justice.
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00:00:34,333 --> 00:00:35,867
Karen Heckendorf
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{\an8}is suing her home buyer, Dante Zarzosa.
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00:00:39,433 --> 00:00:44,233
{\an8}For unlawful eviction, extortion
and emotional distress.
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Court come to order. All rise.
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00:00:47,333 --> 00:00:48,533
Have a seat, please.
16
00:00:49,266 --> 00:00:51,400
Hello, Judge. Case 2156.
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00:00:51,400 --> 00:00:52,934
Heckendorf vs Zarzosa.
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00:00:52,934 --> 00:00:54,567
- Thank you.
- You're welcome.
19
00:00:55,133 --> 00:00:56,967
Ms. Heckendorf, who is this gentleman?
20
00:00:56,967 --> 00:01:00,867
This was an attorney I hired in Mexico,
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00:01:01,133 --> 00:01:02,834
kind of in the middle of the night when...
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He's an attorney?
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In Mexico.
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00:01:05,166 --> 00:01:06,166
Okay.
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00:01:06,166 --> 00:01:07,133
And my witness.
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00:01:07,567 --> 00:01:11,066
Okay. So... trying to piece this
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00:01:11,066 --> 00:01:13,033
complaint and answer together.
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00:01:13,033 --> 00:01:16,767
You purchased a home from Mr. Zarzosa?
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00:01:16,767 --> 00:01:18,100
No, Your Honor.
30
00:01:18,100 --> 00:01:19,767
He purchased a home from you.
31
00:01:19,867 --> 00:01:21,767
Yes, ma'am.
Okay. Got it.
32
00:01:21,767 --> 00:01:25,400
He purchased
a home from you in Mexico.
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00:01:25,400 --> 00:01:26,367
Yes.
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00:01:26,367 --> 00:01:27,800
Where in Mexico?
35
00:01:27,800 --> 00:01:30,367
{\an8}About five miles north of Rosarito,
36
00:01:30,367 --> 00:01:33,000
{\an8}maybe ten miles south of the border.
37
00:01:33,000 --> 00:01:34,767
How long have you owned the home?
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00:01:34,767 --> 00:01:36,700
I owned the home about five years.
39
00:01:36,700 --> 00:01:38,200
How much did you pay for it?
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00:01:38,200 --> 00:01:40,100
When I bought it, it was 180.
41
00:01:40,100 --> 00:01:43,066
How much did
Mr. Zarzosa pay for the house?
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00:01:43,166 --> 00:01:44,233
245.
43
00:01:44,233 --> 00:01:46,600
On what date
did he purchase the house?
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00:01:46,600 --> 00:01:47,734
February the ninth.
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00:01:47,734 --> 00:01:50,266
Were you present
at the closing of the house?
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00:01:50,266 --> 00:01:53,667
I was.
- When you closed on the house,
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00:01:53,667 --> 00:01:55,166
on February ninth,
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00:01:55,166 --> 00:01:57,433
how much money did you receive?
49
00:01:57,433 --> 00:01:59,867
I was supposed to receive...
No, no. Don't.
50
00:02:00,400 --> 00:02:03,400
You were supposed to receive $245,000.
51
00:02:03,400 --> 00:02:05,066
How much did you receive?
52
00:02:05,066 --> 00:02:08,467
I received a cashier's check for 15,000
53
00:02:08,600 --> 00:02:09,467
15?
54
00:02:09,467 --> 00:02:10,900
15,000.
55
00:02:10,900 --> 00:02:12,934
I received cash,
56
00:02:12,934 --> 00:02:14,734
4,500...
57
00:02:15,467 --> 00:02:20,400
{\an8}and I received the next day
through-- of a wire transfer,
58
00:02:20,400 --> 00:02:23,900
4.6 million pesos or something like that.
59
00:02:23,900 --> 00:02:25,266
I have the paperwork.
60
00:02:25,266 --> 00:02:28,066
Just tell me what
that translated to in dollars.
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00:02:28,066 --> 00:02:31,967
It was $220,500.
62
00:02:32,066 --> 00:02:35,700
Okay. Well, if you have proof
to how much the translation of
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00:02:35,700 --> 00:02:37,533
pesos to dollars is,
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00:02:37,533 --> 00:02:40,967
that means that you got a total so far
without the down payments.
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00:02:40,967 --> 00:02:42,266
Did he give you a down payment?
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00:02:42,266 --> 00:02:43,500
Yes, 5,000.
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00:02:43,500 --> 00:02:45,367
I was paid for my house.
Hmm?
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00:02:45,367 --> 00:02:47,000
I haven't... I was paid for my house.
69
00:02:47,000 --> 00:02:47,934
No, I understand that.
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00:02:47,934 --> 00:02:49,400
But this is the problem.
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00:02:49,400 --> 00:02:53,033
Mr. Zarzosa says
that when he took out the mortgage,
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00:02:53,033 --> 00:02:57,000
he increased
the amount that he was borrowing.
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00:02:57,000 --> 00:03:00,500
So that he had
closing costs covered.
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00:03:00,900 --> 00:03:03,233
To the extent I think of $3,800
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00:03:03,233 --> 00:03:04,633
or $3,900?
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00:03:04,633 --> 00:03:07,200
It was a total of almost $10,000.
77
00:03:07,200 --> 00:03:09,467
No, no, no.
Oh. $3,900.
78
00:03:09,467 --> 00:03:11,900
That's... what did I ask you?
What's 10,000?
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00:03:11,900 --> 00:03:13,333
10,000 comes out of nowhere.
80
00:03:13,333 --> 00:03:15,633
It was the difference
you said of $3,900.
81
00:03:15,633 --> 00:03:16,734
Yes, ma'am.
82
00:03:16,734 --> 00:03:20,266
And so he wanted
from you the difference.
83
00:03:20,266 --> 00:03:23,333
Well, the realtor gave me...
Not the realtor.
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00:03:23,333 --> 00:03:26,467
- He wanted from you...
- The realtor told me that.
85
00:03:26,467 --> 00:03:28,734
I've never really spoke to Dante
86
00:03:28,734 --> 00:03:30,700
except for on February 22nd
87
00:03:30,700 --> 00:03:32,834
and the time that
he came and looked at my house.
88
00:03:32,834 --> 00:03:35,533
But the realtor sent me a fake statement
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00:03:35,633 --> 00:03:39,934
which I looked at, it looked like it's
a high school kid's piece of paper,
90
00:03:39,934 --> 00:03:42,667
and I said I was not making a refund.
No-- Okay.
91
00:03:42,667 --> 00:03:47,633
Well, you have to make a refund
if you were paid more for the house
92
00:03:47,633 --> 00:03:51,133
than you're bargained for
with the purchaser.
93
00:03:51,133 --> 00:03:53,567
That's true.
And the bank told me
94
00:03:53,567 --> 00:03:54,633
on April 3rd...
No, no.
95
00:03:54,633 --> 00:03:55,934
They can't tell you anything.
96
00:03:55,934 --> 00:03:56,867
Oh, really?
97
00:03:56,867 --> 00:04:01,233
If they documented something to you,
then I'll read it.
98
00:04:01,233 --> 00:04:02,934
But you can't tell me
what a bank told you.
99
00:04:02,934 --> 00:04:04,533
First of all, banks don't speak.
100
00:04:04,533 --> 00:04:08,867
Now, I'd like you to get
what Mr. Zarzosa is handing me.
101
00:04:08,867 --> 00:04:10,300
This is from the bank.
102
00:04:13,800 --> 00:04:15,400
Well, I can't read this.
103
00:04:15,533 --> 00:04:16,600
But what I can't read--
104
00:04:16,600 --> 00:04:20,100
is in Spanish, but I can read
the numbers which indicate
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00:04:20,100 --> 00:04:23,033
that you received, Ms. Heckendorf,
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00:04:23,033 --> 00:04:28,934
{\an8}a total of $249,544.22
107
00:04:28,934 --> 00:04:29,867
Let me see...
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00:04:29,867 --> 00:04:31,000
May I see that, ma'am?
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00:04:31,000 --> 00:04:31,967
Absolutely.
110
00:04:31,967 --> 00:04:33,700
Because this is what...
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00:04:33,834 --> 00:04:36,333
that bank gave me right here.
112
00:04:39,233 --> 00:04:43,700
And I did go with my witness
to their bank on April 1st.
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00:04:43,700 --> 00:04:44,967
And they told me that was...
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00:04:44,967 --> 00:04:48,367
You can't--
Bank can't tell you... anything.
115
00:04:48,367 --> 00:04:49,667
They told me that was
the correct amount.
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00:04:49,667 --> 00:04:51,433
They can't-- A bank can't tell you.
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00:04:51,433 --> 00:04:53,567
They can give you a document,
which I will read,
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00:04:53,567 --> 00:04:55,467
but a bank can't tell you anything.
119
00:04:55,467 --> 00:04:59,033
This is not really
a case about this contract.
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00:04:59,033 --> 00:05:01,066
Yeah, it is. It started this way.
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00:05:01,066 --> 00:05:02,433
They're saying that that bank
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00:05:02,433 --> 00:05:04,200
sent me the wrong amount of money?
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00:05:04,200 --> 00:05:05,133
Yes.
124
00:05:05,133 --> 00:05:06,667
Oh.
That's what it says.
125
00:05:06,667 --> 00:05:08,233
- That's what that says.
- That's what this says.
126
00:05:08,233 --> 00:05:09,400
That's what that says.
127
00:05:09,400 --> 00:05:11,834
I imagine anyone can write what they want.
128
00:05:12,400 --> 00:05:15,533
But I was not paid
the wrong amount of money.
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00:05:15,533 --> 00:05:17,600
Well, the bottom line of it was
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00:05:17,600 --> 00:05:20,567
eventually, you gave him back $2,800
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00:05:20,567 --> 00:05:23,066
of the 39 that he said that
he was entitled to.
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00:05:23,066 --> 00:05:24,100
Is that correct?
133
00:05:24,100 --> 00:05:25,467
No.
Ms. Heckendorf.
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00:05:25,467 --> 00:05:27,633
You never gave him $2,800?
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00:05:27,633 --> 00:05:31,767
I signed a contract and gave him
$2,800 under duress.
136
00:05:31,767 --> 00:05:34,367
He took my dogs and my cat,
137
00:05:34,367 --> 00:05:35,800
and he took my property.
138
00:05:35,800 --> 00:05:37,567
I want you to understand
what I'm saying to you.
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00:05:37,567 --> 00:05:39,367
When I ask you a question,
I expect an answer.
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00:05:39,367 --> 00:05:42,700
Mm-hmm.
- You gave him $2,800.
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00:05:42,700 --> 00:05:45,200
{\an8}And you gave him the $2,800,
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00:05:45,200 --> 00:05:47,433
{\an8}because he believed
143
00:05:47,433 --> 00:05:50,500
{\an8}and told you he had taken out
extra money
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00:05:50,500 --> 00:05:53,066
in order to cover his closing costs.
145
00:05:53,066 --> 00:05:54,700
And you got that money.
146
00:05:54,700 --> 00:05:56,166
And he wanted that money back
147
00:05:56,166 --> 00:05:59,100
because he was gonna have to pay for it
through his mortgage.
148
00:05:59,233 --> 00:06:02,066
I've never heard that
these were closing costs.
149
00:06:02,066 --> 00:06:03,066
This is the first
150
00:06:03,066 --> 00:06:05,266
I've heard about closing costs.
Well, I'm gonna tell you this.
151
00:06:05,266 --> 00:06:06,200
I'm gonna...
I never heard about...
152
00:06:06,200 --> 00:06:07,133
- ...closing costs...
- Stop talking.
153
00:06:07,133 --> 00:06:08,967
- Stop talking.
- Mm-hmm.
154
00:06:08,967 --> 00:06:10,200
Stop talking.
155
00:06:10,200 --> 00:06:11,133
Okay.
156
00:06:13,867 --> 00:06:15,867
- I'm keeping it very simple.
- Okay.
157
00:06:15,867 --> 00:06:18,100
You're gonna want to
keep it very complicated
158
00:06:18,100 --> 00:06:20,600
and I, madam, are going to
keep it very simple.
159
00:06:20,600 --> 00:06:24,033
So the bottom line is
you stayed in the house for free!
160
00:06:35,934 --> 00:06:39,000
Karen Heckendorf,
claims her home buyer,
161
00:06:39,000 --> 00:06:41,500
{\an8}Dante Zarzosa, extorted money
162
00:06:41,500 --> 00:06:43,934
by keeping her pets in property.
163
00:06:43,934 --> 00:06:47,000
Dante is countersuing
for false accusations,
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00:06:47,000 --> 00:06:48,600
and lost wages.
165
00:06:48,600 --> 00:06:50,734
Good. This is your piece of evidence?
166
00:06:50,734 --> 00:06:53,734
Mm-hmm.
Your piece of evidence says,
167
00:06:53,734 --> 00:06:59,767
{\an8}that you got $249,544.22.
168
00:06:59,767 --> 00:07:00,767
{\an8}No.
169
00:07:00,767 --> 00:07:01,834
That's what it says.
- No, it doesn't.
170
00:07:01,834 --> 00:07:03,266
Okay, that's what it says.
171
00:07:03,266 --> 00:07:05,667
You gave him $2,800.
172
00:07:05,667 --> 00:07:08,767
He wanted $3,900. You gave him $2,800.
173
00:07:08,767 --> 00:07:10,133
What you're suing him for...
174
00:07:10,133 --> 00:07:11,266
He also wanted 25...
175
00:07:11,266 --> 00:07:13,233
I'm going to dismiss your case. Okay.
176
00:07:13,233 --> 00:07:16,166
It's just as easy for me
to send you back to Mexico.
177
00:07:17,367 --> 00:07:19,667
Once you closed on this house,
178
00:07:19,667 --> 00:07:21,800
according to what I looked at,
Ms. Heckendorf,
179
00:07:21,800 --> 00:07:23,800
you asked if you could stay in the house
180
00:07:23,800 --> 00:07:26,367
because your new house
wasn't ready to close escrow.
181
00:07:26,367 --> 00:07:28,100
Is that correct?
That's a yes or a no.
182
00:07:28,100 --> 00:07:29,100
Yes.
183
00:07:29,100 --> 00:07:31,600
And so you closed the house
on February 9th
184
00:07:31,600 --> 00:07:33,367
and he allowed you to stay in the house.
185
00:07:33,367 --> 00:07:35,533
When were you supposed to
vacate the house?
186
00:07:35,533 --> 00:07:37,033
March the 1st.
187
00:07:37,033 --> 00:07:38,900
I paid...
Just... That's--
188
00:07:38,900 --> 00:07:40,567
That's a date!
189
00:07:40,567 --> 00:07:43,000
- March 1st!
- Mm-hmm.
190
00:07:43,000 --> 00:07:45,600
And between
February 9th and March 1st,
191
00:07:45,600 --> 00:07:47,767
how much did
you pay him in rent?
192
00:07:47,767 --> 00:07:49,266
I gave him the money... That...
193
00:07:49,266 --> 00:07:50,500
...for the casita.
194
00:07:50,500 --> 00:07:51,900
Just a second.
- Yes.
195
00:07:51,900 --> 00:07:55,100
That's an amount
between February 9th
196
00:07:55,100 --> 00:07:56,967
{\an8}and March 1st.
197
00:07:56,967 --> 00:07:58,767
{\an8}$2,370.
198
00:07:58,767 --> 00:08:02,367
{\an8}So, that was a month's rent.
Is that what you received?
199
00:08:02,367 --> 00:08:03,433
No, Your Honor.
200
00:08:03,433 --> 00:08:06,200
How much did she pay you in rent,
201
00:08:06,200 --> 00:08:07,800
between February 9th
202
00:08:07,800 --> 00:08:10,433
and when she was suppose to vacate
March 1st?
203
00:08:10,433 --> 00:08:13,100
- She would've paid you rent in advance.
- No. Nothing. Nothing.
204
00:08:13,100 --> 00:08:15,767
Show me proof that you
paid him anything for rent
205
00:08:15,767 --> 00:08:17,700
on February 9th.
206
00:08:26,867 --> 00:08:33,633
Did you ever receive from
this agent, $2,370?
207
00:08:33,633 --> 00:08:34,633
No, Your Honor.
208
00:08:34,633 --> 00:08:36,066
Well, do you know who he is?
209
00:08:36,066 --> 00:08:38,266
Yes, I do know. That's the realtor that
210
00:08:38,266 --> 00:08:40,266
represented both of us on the purchase.
211
00:08:40,266 --> 00:08:42,867
And you never received this
on February 9th?
212
00:08:42,967 --> 00:08:46,000
He acknowledges he signed that he received
213
00:08:46,000 --> 00:08:51,233
$1,620 as and for the last month's rent
214
00:08:51,233 --> 00:08:54,300
and 750 security deposit
215
00:08:54,300 --> 00:08:58,100
as well as pro-rated rent of $120.
216
00:08:58,100 --> 00:09:00,100
I don't know what pro-rated rent is for.
217
00:09:00,100 --> 00:09:03,266
It was for, um, the end of January.
218
00:09:03,266 --> 00:09:05,300
They moved in a few days before.
219
00:09:05,300 --> 00:09:06,367
Who moved in?
220
00:09:06,367 --> 00:09:08,734
The people that rented the casita.
221
00:09:08,734 --> 00:09:10,133
And that's part of the house?
222
00:09:10,133 --> 00:09:11,400
Yes.
What is that?
223
00:09:11,400 --> 00:09:14,633
I have two houses on the property.
The one I lived in,
224
00:09:14,633 --> 00:09:15,734
and the casita.
225
00:09:15,734 --> 00:09:19,433
And Dante gave me a email
226
00:09:19,433 --> 00:09:22,767
that if I gave him this money
from the casita,
227
00:09:22,767 --> 00:09:26,200
that I could live in the front house
until March the 1st.
228
00:09:26,200 --> 00:09:27,500
I have that email.
Just a sec.
229
00:09:27,500 --> 00:09:29,000
When he brought the house...
230
00:09:29,000 --> 00:09:30,500
Mmm.
Did he or did he not
231
00:09:30,500 --> 00:09:31,934
buy the casita as well?
232
00:09:31,934 --> 00:09:32,867
Yes, he did.
233
00:09:32,867 --> 00:09:34,734
So he bought the casita as well.
234
00:09:34,734 --> 00:09:36,867
So, it belongs to him.
This rent belonged to him.
235
00:09:36,867 --> 00:09:37,967
Only if I'm renting it.
What do you mean?
236
00:09:37,967 --> 00:09:40,600
{\an8}He's not giving you anything.
If he buys a house,
237
00:09:40,600 --> 00:09:42,300
{\an8}and there's another property,
238
00:09:42,400 --> 00:09:43,700
he owns that property.
239
00:09:43,700 --> 00:09:46,266
He owns whatever rent was due
for that property.
240
00:09:46,266 --> 00:09:49,800
So what you're saying is,
let me cut to the chase--
241
00:09:49,800 --> 00:09:52,667
What you're saying is,
you claim he said to you,
242
00:09:52,667 --> 00:09:56,100
"I've just paid you a quarter of
a million dollars for your house.
243
00:09:56,100 --> 00:09:57,900
Which includes the casita.
244
00:09:58,000 --> 00:10:00,900
Your house isn't ready to close escrow.
245
00:10:00,900 --> 00:10:03,900
I will let you stay in the house, free,
246
00:10:03,900 --> 00:10:08,567
if you let me keep
the money from the casita's rent.
247
00:10:08,567 --> 00:10:10,133
Yes, I have an email.
248
00:10:10,133 --> 00:10:11,500
So, that the bottom line...
249
00:10:11,500 --> 00:10:13,433
Don't speak. It doesn't look like...
250
00:10:13,433 --> 00:10:14,967
you're losing so far.
251
00:10:14,967 --> 00:10:16,600
I may not be finished with you.
252
00:10:16,600 --> 00:10:18,633
And I hadn't rented...
You're speaking.
253
00:10:18,633 --> 00:10:20,533
You're trying to speak over me.
254
00:10:20,533 --> 00:10:23,033
- Well...
- And I'm keeping it very simple.
255
00:10:23,033 --> 00:10:25,133
You're gonna want to keep it very complicated,
256
00:10:25,133 --> 00:10:27,700
and I, madam,
are going to keep it very simple.
257
00:10:27,700 --> 00:10:30,967
So the bottom line is you stayed
in the house for free!
258
00:10:30,967 --> 00:10:34,200
From February 9th or 10th until
259
00:10:34,200 --> 00:10:36,500
it was supposed to be until March 1st.
260
00:10:36,500 --> 00:10:38,934
That was your understanding.
261
00:10:38,934 --> 00:10:42,500
You were staying in his house for free.
262
00:10:42,500 --> 00:10:44,467
I didn't have to rent the casita.
263
00:10:44,467 --> 00:10:47,133
I don't care whether you had to
or whether you didn't have to.
264
00:10:47,233 --> 00:10:51,500
You were staying in your house
that you sold to him
265
00:10:51,500 --> 00:10:54,967
for free until your new house was ready.
266
00:10:54,967 --> 00:10:56,400
That's a yes.
267
00:10:56,400 --> 00:10:57,367
I felt that--
268
00:10:57,367 --> 00:10:59,700
I don't care how you feel.
I don't care how you feel.
269
00:10:59,700 --> 00:11:00,767
Okay.
270
00:11:00,767 --> 00:11:03,533
You sold him your property
and you took advantage of
271
00:11:03,533 --> 00:11:07,734
a piece of that property, the casita,
in order to negotiate yourself
272
00:11:07,734 --> 00:11:11,600
a free three-week
rent until your house was ready.
273
00:11:11,600 --> 00:11:14,767
Now you may stand there
and look at me in that smug way,
274
00:11:14,767 --> 00:11:18,800
but you and I both know that that was
a deal you made for yourself.
275
00:11:18,800 --> 00:11:20,233
Yes I agree...
Okay!
276
00:11:20,233 --> 00:11:22,533
I agreed to rent the casita
277
00:11:22,533 --> 00:11:25,467
ahead of time before I moved out
278
00:11:25,467 --> 00:11:27,133
and give him the money,
279
00:11:27,133 --> 00:11:30,500
so that I can stay on the property until
my house closed escrow
280
00:11:30,500 --> 00:11:32,533
- one week. It may have been...
- Pretty tricky.
281
00:11:32,533 --> 00:11:34,500
March the 6th.
Pretty tricky.
282
00:11:34,500 --> 00:11:37,200
Bottom line is you stayed
in his house for free.
283
00:11:37,200 --> 00:11:38,934
Okay.
And then...
284
00:11:38,934 --> 00:11:43,233
But the rest of the case
is about is that you claim
285
00:11:43,233 --> 00:11:45,900
that he changed the locks on the door,
286
00:11:45,900 --> 00:11:50,767
before March 1st,
and in the house you had your pets.
287
00:11:50,767 --> 00:11:56,834
And he held ransom your pets
until you gave him
288
00:11:56,834 --> 00:12:00,200
what turned out to be $2,800.
289
00:12:00,200 --> 00:12:01,667
That's your complaint.
290
00:12:01,667 --> 00:12:04,066
He changed the locks on February 28th.
291
00:12:04,066 --> 00:12:05,900
Where were you when he changed the locks?
292
00:12:05,900 --> 00:12:07,300
February 22nd.
293
00:12:07,300 --> 00:12:08,867
22. Where were you
when he changed the locks?
294
00:12:08,867 --> 00:12:10,867
I was in my office in San Diego.
295
00:12:10,867 --> 00:12:13,900
Okay. And how did you find out that
the locks were changed on the door?
296
00:12:13,900 --> 00:12:17,467
{\an8}Dante, um, sent me
an email that I found later
297
00:12:17,567 --> 00:12:19,834
admitting to what he did that I...
298
00:12:19,834 --> 00:12:21,300
I asked a question.
299
00:12:21,300 --> 00:12:22,533
I was at my office
300
00:12:22,533 --> 00:12:25,233
and he called me on the phone and he said,
301
00:12:25,233 --> 00:12:27,600
"This is Dante Zarzosa."
302
00:12:27,600 --> 00:12:29,567
And I had...
- My way. My way!
303
00:12:29,567 --> 00:12:32,266
Mm-hmm.
He called you in the office.
304
00:12:32,266 --> 00:12:34,200
That's how you found out
he change the locks.
305
00:12:34,200 --> 00:12:35,300
Yes.
- That's an answer.
306
00:12:35,300 --> 00:12:37,734
Approximately what time
did he call you in your office?
307
00:12:37,734 --> 00:12:41,100
It was about 6:30... 6:45 in the evening.
308
00:12:41,100 --> 00:12:42,900
6:30 pm?
- Mm-hmm.
309
00:12:42,900 --> 00:12:46,567
And tell me what you claim
he said to you and what you to him.
310
00:12:46,667 --> 00:12:50,100
"This is Dante Zarzosa.
I have your two dogs.
311
00:12:50,100 --> 00:12:54,533
You're never going to see them again
if you don't pay me $3,900."
312
00:12:54,533 --> 00:12:58,533
Now, that wasn't the first time you
would have heard about this $3,900.
313
00:12:58,533 --> 00:13:02,333
{\an8}I heard about it on February the 9th.
314
00:13:02,333 --> 00:13:05,033
{\an8}No, the 8th.
Sorry, February 8th, I heard about it.
315
00:13:05,166 --> 00:13:08,066
And so you told him after that,
that you would--
316
00:13:08,066 --> 00:13:11,166
Or you told him
or you told your lawyers-- that you?
317
00:13:11,166 --> 00:13:12,700
Yes, that's me.
Now, you can stand up.
318
00:13:12,700 --> 00:13:15,300
I met him...
Shhh! Don't speak!
319
00:13:15,300 --> 00:13:16,233
Okay.
320
00:13:18,300 --> 00:13:20,567
On what date did you get your pets back?
321
00:13:20,567 --> 00:13:22,166
Well, I didn't actually get them.
322
00:13:22,166 --> 00:13:24,333
My friend went and begged for the animal
323
00:13:24,333 --> 00:13:26,900
Don't tell me what they did!
They gave him--
324
00:13:27,000 --> 00:13:28,200
And they gave him--
Stop.
325
00:13:28,200 --> 00:13:29,467
Stop it, please.
326
00:13:29,467 --> 00:13:30,533
Sit.
Yep.
327
00:13:43,033 --> 00:13:44,533
Karen Heckendorf,
328
00:13:44,533 --> 00:13:47,800
{\an8}has accused her home buyer, Dante Zarzosa,
329
00:13:47,800 --> 00:13:50,900
{\an8}of extortion by threatening her pets.
330
00:13:50,900 --> 00:13:55,000
Dante claims Karen owes him
for making false accusations.
331
00:13:55,133 --> 00:13:56,166
Your last name, sir, is?
332
00:13:56,166 --> 00:13:57,834
Mena, your Honor. Mena.
333
00:13:57,834 --> 00:13:59,900
Mr. Mena, you're an attorney in Mexico?
334
00:13:59,900 --> 00:14:01,033
Yes.
Okay.
335
00:14:01,133 --> 00:14:02,867
{\an8}Are you a real estate attorney?
336
00:14:02,867 --> 00:14:05,066
{\an8}Yes. Civil attorney
and real estate as well.
337
00:14:05,066 --> 00:14:06,533
You understand what this is about
338
00:14:06,533 --> 00:14:08,633
and you understand if
you're a real estate attorney
339
00:14:08,633 --> 00:14:11,066
that sometimes people
take a mortgage that's
340
00:14:11,066 --> 00:14:13,900
beyond what they need
in order to cover their closing costs.
341
00:14:13,900 --> 00:14:15,567
- You understand that?
- Absolutely.
342
00:14:15,567 --> 00:14:17,367
Okay. That's not an unusual thing.
343
00:14:17,367 --> 00:14:19,767
I've bought and sold many homes.
A lot of people do that.
344
00:14:19,767 --> 00:14:21,934
And when were you
first made aware of the fact
345
00:14:21,934 --> 00:14:24,633
that the defendant
was at least claiming,
346
00:14:24,633 --> 00:14:28,333
that there was an amount
that he had incurred debt on
347
00:14:28,333 --> 00:14:29,700
by way of the mortgage,
348
00:14:29,700 --> 00:14:32,633
in excess of what your client in Mexico
349
00:14:32,633 --> 00:14:35,834
was supposed to receive
in the amount of $3,900.
350
00:14:35,834 --> 00:14:38,600
February the 22nd,
or something like that.
351
00:14:38,600 --> 00:14:40,233
Two, twenty-two.
352
00:14:40,233 --> 00:14:41,900
And when she came to your office--
353
00:14:41,900 --> 00:14:44,900
now, we no longer
have attorney-client privilege, sir,
354
00:14:44,900 --> 00:14:46,834
because she's brought you
here as a witness
355
00:14:46,834 --> 00:14:48,533
- so you're going to testify...
- Sí.
356
00:14:48,533 --> 00:14:49,967
...to every conversation that you've had.
357
00:14:49,967 --> 00:14:51,433
Absolutely. Yes.
You understand that?
358
00:14:51,433 --> 00:14:52,467
Absolutely.
Okay.
359
00:14:52,467 --> 00:14:54,400
She came to you office
after she found out
360
00:14:54,400 --> 00:14:56,467
that the locks were changed.
361
00:14:56,467 --> 00:14:58,834
Actually, I was at home.
That was at night.
362
00:14:58,834 --> 00:15:02,033
So when for the first time, sir,
did you hear about
363
00:15:02,033 --> 00:15:05,333
this money that the defendant was claiming
that he was owed?
364
00:15:05,333 --> 00:15:07,834
Mr. Dante, called me...
365
00:15:07,834 --> 00:15:09,433
I want you to answer my question.
366
00:15:09,433 --> 00:15:10,400
Yes. Yes, I will.
367
00:15:10,400 --> 00:15:11,734
My question is,
368
00:15:11,734 --> 00:15:14,633
when she called you the night of the 22nd
369
00:15:14,633 --> 00:15:19,533
at your home,
did she tell you at that time,
370
00:15:19,533 --> 00:15:20,934
or soon thereafter,
371
00:15:20,934 --> 00:15:24,400
that there was
a discrepancy that he was alleging
372
00:15:24,400 --> 00:15:26,600
with regards to the closing fees?
373
00:15:26,600 --> 00:15:28,233
Not actually. No. The answer is no.
374
00:15:28,233 --> 00:15:29,567
She didn't tell you anything?
375
00:15:29,567 --> 00:15:33,233
She told you he just illegally evicted her
and changed the locks.
376
00:15:33,233 --> 00:15:35,467
Yes, and at the same time
because of the--
377
00:15:35,467 --> 00:15:40,633
some situation regarding a deal she has
on the sale of the property.
378
00:15:40,734 --> 00:15:44,266
Your client knew as of February 8th,
379
00:15:44,266 --> 00:15:48,567
that the defendant was alleging that
she owed him money
380
00:15:48,567 --> 00:15:50,166
from the closing costs.
381
00:15:50,166 --> 00:15:52,667
That's clear. That's what she told me.
382
00:15:52,667 --> 00:15:54,834
- Mm-hmm.
- Now they have had clearly
383
00:15:54,834 --> 00:15:57,734
ongoing discussions about this...
Mm-hmm.
384
00:15:57,734 --> 00:16:00,667
from February 8th or 9th,
385
00:16:00,667 --> 00:16:03,567
when the deal closed
and she got her money,
386
00:16:03,667 --> 00:16:06,266
and she's living rent-free.
387
00:16:06,266 --> 00:16:10,400
So what I want to know,
when did she share with you,
388
00:16:10,400 --> 00:16:12,633
not that there was an illegal eviction,
389
00:16:12,633 --> 00:16:14,800
not that her pets were in the house,
390
00:16:14,800 --> 00:16:16,800
when did she share with you,
391
00:16:16,800 --> 00:16:20,667
that he was claiming
that she owed him money?
392
00:16:20,667 --> 00:16:22,567
And I'm not excusing self-help.
393
00:16:22,567 --> 00:16:24,600
When did she tell you that?
394
00:16:24,600 --> 00:16:26,567
Because she knew it at the beginning!
395
00:16:26,567 --> 00:16:28,200
She knew it before she called you.
396
00:16:28,200 --> 00:16:31,600
I have the, uh,
communication from Ms. Karen.
397
00:16:31,600 --> 00:16:34,800
At the time we filed
a complaint in the DA office,
398
00:16:34,800 --> 00:16:36,533
the Secretary Office.
399
00:16:36,533 --> 00:16:41,500
This was the time she
expressed me the whole facts.
400
00:16:41,600 --> 00:16:43,667
Oh, so she didn't tell you the whole facts
401
00:16:43,667 --> 00:16:46,367
when she called you at home on the 22nd?
402
00:16:46,367 --> 00:16:48,300
{\an8}No, because she was very worried.
403
00:16:48,300 --> 00:16:50,333
{\an8}She was concerned about her babies.
404
00:16:50,333 --> 00:16:51,667
{\an8}That's it.
I got it.
405
00:16:51,667 --> 00:16:54,533
So I got what you're dealing with.
I understand who I'm dealing with.
406
00:16:54,533 --> 00:16:58,500
Okay, on what date did you get
your pets back, Ms. Heckendorf?
407
00:16:58,500 --> 00:17:00,734
The 22nd.
Okay, what time?
408
00:17:00,734 --> 00:17:02,600
Well, I actually didn't get them.
409
00:17:02,600 --> 00:17:05,900
I got them the next day,
because my friend
410
00:17:05,900 --> 00:17:07,667
{\an8}went and begged for the animals.
Now, don't--
411
00:17:07,667 --> 00:17:09,800
{\an8}Don't tell me that they did!
They gave him
412
00:17:09,800 --> 00:17:11,000
And they gave them to my--
Stop.
413
00:17:11,000 --> 00:17:12,333
Stop, please.
414
00:17:12,333 --> 00:17:13,433
Sit.
Yep.
415
00:17:14,533 --> 00:17:18,066
I just asked you
when you got your animals back.
416
00:17:18,066 --> 00:17:19,533
So you got your animals back
417
00:17:19,533 --> 00:17:24,533
on the same day as he changed
the locks on the house.
418
00:17:24,533 --> 00:17:26,500
- They were given to friends?
- Yes.
419
00:17:26,500 --> 00:17:27,900
Is that correct?
- Yes.
420
00:17:27,900 --> 00:17:30,734
So, they were returned to you
the same day
421
00:17:30,734 --> 00:17:34,166
because if they were given to your friends
at your direction,
422
00:17:34,166 --> 00:17:36,700
- your friends were your agents.
- Yes.
423
00:17:36,700 --> 00:17:38,767
Good!
Only the dogs.
424
00:17:38,767 --> 00:17:40,300
He had my cat the next day,
425
00:17:40,300 --> 00:17:43,033
Did you have her cat
or was it an outside cat?
426
00:17:43,033 --> 00:17:44,467
Is it an outside cat?
427
00:17:44,467 --> 00:17:46,600
Outside cat that lives indoors and they--
428
00:17:46,600 --> 00:17:48,200
they put the doggy door down
429
00:17:48,200 --> 00:17:50,000
so the cat couldn't get out. Okay.
430
00:17:50,133 --> 00:17:52,533
He told me he had my cat. Okay.
431
00:17:52,667 --> 00:17:54,834
When did you give him the $2,800?
432
00:17:54,834 --> 00:17:58,800
About 5 o'clock on Wednesday the 23rd.
433
00:17:58,800 --> 00:18:01,300
Is there a writing of the exchange
of that money?
434
00:18:01,300 --> 00:18:02,734
I'd like to see it.
435
00:18:10,467 --> 00:18:11,900
I can't read this.
436
00:18:11,900 --> 00:18:13,767
The plaintiff has a translated version.
437
00:18:13,767 --> 00:18:16,100
Can I see the translated copies, please?
438
00:18:16,100 --> 00:18:18,266
Can I speak?
About what?
439
00:18:18,266 --> 00:18:19,667
About that paper.
440
00:18:19,800 --> 00:18:21,600
Yeah.
He was the one that drew it up.
441
00:18:21,600 --> 00:18:23,600
He can tell you, Your Honor, and--and--
442
00:18:23,600 --> 00:18:26,533
No, no, no. No, I want this.
443
00:18:26,533 --> 00:18:27,700
Did you draw this up?
444
00:18:27,800 --> 00:18:29,667
Can I see it?
Yeah, sure.
445
00:18:29,667 --> 00:18:31,100
Kevin, give it to him.
446
00:18:32,567 --> 00:18:33,900
Thank you.
447
00:18:34,900 --> 00:18:36,300
Did you draw that?
448
00:18:36,300 --> 00:18:38,633
- Yes, I participated...
- What does it tell me?
449
00:18:39,633 --> 00:18:41,533
It's translated...
Don't speak!
450
00:18:42,734 --> 00:18:44,934
Do you have the translation
of this document?
451
00:18:45,033 --> 00:18:47,266
Yes, I gave it to you, ma'am.
Okay.
452
00:18:48,967 --> 00:18:50,667
Okay, number five.
453
00:18:50,667 --> 00:18:52,600
Very clear. This is the agreement:
454
00:18:52,600 --> 00:18:58,200
that Mr. Zarzosa receives
from Ms. Heckendorf $2,800
455
00:18:58,200 --> 00:19:02,233
for concept of refund of pending payment
456
00:19:02,233 --> 00:19:05,467
the previous amount is received fully,
457
00:19:05,467 --> 00:19:08,166
therefore the debt is liquidated.
458
00:19:08,166 --> 00:19:10,000
And number six, the seller,
459
00:19:10,000 --> 00:19:14,066
Ms. Karen Heckendorf,
grants the broadest waiver
460
00:19:14,066 --> 00:19:17,367
derive from the investigation file,
461
00:19:17,367 --> 00:19:19,633
presented before
the district attorney's office--
462
00:19:19,633 --> 00:19:22,433
I assume that that was your complaint.
463
00:19:22,433 --> 00:19:24,100
"And with the file number,
464
00:19:24,200 --> 00:19:26,433
filed against Mr. Zarzosa
465
00:19:26,433 --> 00:19:30,100
by not keeping any legal action present,
466
00:19:30,100 --> 00:19:33,867
past or future derive
from the present business."
467
00:19:33,867 --> 00:19:36,333
This is the police report.
They're talking about...
468
00:19:36,333 --> 00:19:40,100
I don't care; what this says is you've
settled all your disputes with each other.
469
00:19:40,100 --> 00:19:43,600
This says you've settled
everything that had to be settled.
470
00:19:43,600 --> 00:19:47,967
Okay, but what the translations suggests,
is by this document,
471
00:19:47,967 --> 00:19:49,266
each of you understood,
472
00:19:49,266 --> 00:19:52,100
that you were giving him money,
he was not going to
473
00:19:52,100 --> 00:19:54,934
follow through with anything
that had to do with
474
00:19:54,934 --> 00:19:57,800
the criminal complaint
or the criminal complaint against him.
475
00:19:57,800 --> 00:19:59,400
You went your own merry way.
476
00:19:59,400 --> 00:20:02,867
Am I crazy? Or is that what
this document says, sir?
477
00:20:02,867 --> 00:20:05,033
- You are the lawyer?
- Yes, it says so.
478
00:20:05,033 --> 00:20:06,667
That's what it says so.
So I want to know
479
00:20:06,667 --> 00:20:08,767
why you're all here bothering me?
480
00:20:08,767 --> 00:20:11,166
You settled everything.
481
00:20:11,166 --> 00:20:12,700
You got back your stuff.
482
00:20:12,700 --> 00:20:15,667
You got out of your house.
You got your personal property.
483
00:20:15,667 --> 00:20:18,700
He has a counterclaim
for false accusations,
484
00:20:18,700 --> 00:20:22,100
and loss of wages as a result of whatever.
485
00:20:22,100 --> 00:20:25,633
This document says that you've resolved
everything with each other.
486
00:20:25,633 --> 00:20:26,934
So why are you here?
487
00:20:26,934 --> 00:20:29,567
I did not sign that document,
488
00:20:29,567 --> 00:20:32,000
under usual circumstances.
489
00:20:32,000 --> 00:20:33,734
I hadn't had any sleep.
490
00:20:33,734 --> 00:20:37,734
And I was coerced, and he said he was
gonna burn my furniture
491
00:20:37,734 --> 00:20:39,000
or he was gonna sell it.
492
00:20:39,100 --> 00:20:43,567
And the year it would take me to prosecute
him under this Mexican contract.
493
00:20:43,567 --> 00:20:45,200
Put it down, sir. The case is over.
494
00:20:45,200 --> 00:20:47,133
If he wanted to sue me--
The case is over.
495
00:20:47,133 --> 00:20:48,867
You're a pretty savvy lady, madam.
496
00:20:48,867 --> 00:20:50,734
You have an attorney that you consulted.
497
00:20:50,734 --> 00:20:52,900
He was there when
this document was signed.
498
00:20:52,900 --> 00:20:55,333
Goodbye, we're done.
499
00:20:55,333 --> 00:20:57,400
Case is dismissed,
so is your counterclaim.
500
00:20:57,400 --> 00:20:59,567
Bye!
This court is adjourned.
501
00:21:01,934 --> 00:21:04,867
{\an8}This is really a case about Dante
502
00:21:04,867 --> 00:21:08,066
{\an8}taking my animals
for hostage and extortion.
503
00:21:08,066 --> 00:21:09,200
{\an8}I didn't steal anything.
504
00:21:09,200 --> 00:21:12,567
{\an8}The only reason
I agreed to give him $2,800
505
00:21:12,567 --> 00:21:16,467
{\an8}was because he said he was gonna burn
or sell my furniture.
506
00:21:16,467 --> 00:21:18,266
{\an8}Gonna enjoy my house. Thank you, Karen.
507
00:21:20,233 --> 00:21:23,166
That lady was never
intimidated into anything
508
00:21:23,166 --> 00:21:24,800
I don't think so, either.
509
00:21:24,800 --> 00:21:28,100
She knew she had got
an extra few bucks at the closing.
510
00:21:28,100 --> 00:21:30,800
She knew she was really
living there rent-free,
511
00:21:30,800 --> 00:21:32,033
which is really very nice.
512
00:21:32,033 --> 00:21:33,500
You buy property,
513
00:21:33,500 --> 00:21:35,734
letting her stay there for almost a month.
514
00:21:35,834 --> 00:21:40,133
I have little sympathy for him
because he resorted to self-help,
515
00:21:40,133 --> 00:21:42,000
went to the house,
even though he knew...
516
00:21:42,000 --> 00:21:43,133
Changed the locks.
517
00:21:43,133 --> 00:21:44,233
...she was still there
and changed the locks.
518
00:21:44,233 --> 00:21:47,066
But that document clearly indicated
that both parties
519
00:21:47,066 --> 00:21:48,667
at some point said, "Okay, enough.
520
00:21:48,667 --> 00:21:51,633
I'm getting out of the house.
I'm getting my belongings.
521
00:21:51,767 --> 00:21:56,200
My pets are back.
Here's your money, and finished."
522
00:21:56,200 --> 00:21:59,200
Well, when you make a settlement,
you've made a settlement.
523
00:21:59,200 --> 00:22:01,867
You don't get to make
one settlement in Mexico
524
00:22:01,867 --> 00:22:04,133
- and another one in California.
- Agreed.
525
00:22:04,133 --> 00:22:05,934
That's not the way things work.
526
00:22:07,600 --> 00:22:09,066
Have you been cheated?
527
00:22:09,066 --> 00:22:11,233
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