1 00:00:00,200 --> 00:00:01,734 You claim he said to you-- 2 00:00:01,734 --> 00:00:03,500 "I have your two dogs." 3 00:00:03,500 --> 00:00:04,467 Listen to me. 4 00:00:04,467 --> 00:00:06,367 "You're never going to see them again." 5 00:00:06,367 --> 00:00:07,600 Stop talking. Listen. 6 00:00:07,600 --> 00:00:10,233 He took my dogs and my cats. 7 00:00:10,233 --> 00:00:12,066 You're trying to speak over me! 8 00:00:12,066 --> 00:00:13,133 Okay. 9 00:00:13,133 --> 00:00:15,166 I may not be finished with you. 10 00:00:15,166 --> 00:00:17,433 This is Judy Justice. 11 00:00:34,333 --> 00:00:35,867 Karen Heckendorf 12 00:00:35,867 --> 00:00:39,433 {\an8}is suing her home buyer, Dante Zarzosa. 13 00:00:39,433 --> 00:00:44,233 {\an8}For unlawful eviction, extortion and emotional distress. 14 00:00:44,233 --> 00:00:46,700 Court come to order. All rise. 15 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. 17 00:00:51,400 --> 00:00:52,934 Heckendorf vs Zarzosa. 18 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, 21 00:01:01,133 --> 00:01:02,834 kind of in the middle of the night when... 22 00:01:02,834 --> 00:01:03,967 He's an attorney? 23 00:01:03,967 --> 00:01:05,166 In Mexico. 24 00:01:05,166 --> 00:01:06,166 Okay. 25 00:01:06,166 --> 00:01:07,133 And my witness. 26 00:01:07,567 --> 00:01:11,066 Okay. So... trying to piece this 27 00:01:11,066 --> 00:01:13,033 complaint and answer together. 28 00:01:13,033 --> 00:01:16,767 You purchased a home from Mr. Zarzosa? 29 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. 33 00:01:25,400 --> 00:01:26,367 Yes. 34 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? 38 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? 40 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? 42 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? 44 00:01:46,600 --> 00:01:47,734 February the ninth. 45 00:01:47,734 --> 00:01:50,266 Were you present at the closing of the house? 46 00:01:50,266 --> 00:01:53,667 I was. - When you closed on the house, 47 00:01:53,667 --> 00:01:55,166 on February ninth, 48 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. 61 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 63 00:02:35,700 --> 00:02:37,533 pesos to dollars is, 64 00:02:37,533 --> 00:02:40,967 that means that you got a total so far without the down payments. 65 00:02:40,967 --> 00:02:42,266 Did he give you a down payment? 66 00:02:42,266 --> 00:02:43,500 Yes, 5,000. 67 00:02:43,500 --> 00:02:45,367 I was paid for my house. Hmm? 68 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. 70 00:02:47,934 --> 00:02:49,400 But this is the problem. 71 00:02:49,400 --> 00:02:53,033 Mr. Zarzosa says that when he took out the mortgage, 72 00:02:53,033 --> 00:02:57,000 he increased the amount that he was borrowing. 73 00:02:57,000 --> 00:03:00,500 So that he had closing costs covered. 74 00:03:00,900 --> 00:03:03,233 To the extent I think of $3,800 75 00:03:03,233 --> 00:03:04,633 or $3,900? 76 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? 79 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. 84 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 89 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 105 00:04:20,100 --> 00:04:23,033 that you received, Ms. Heckendorf, 106 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... 108 00:04:29,867 --> 00:04:31,000 May I see that, ma'am? 109 00:04:31,000 --> 00:04:31,967 Absolutely. 110 00:04:31,967 --> 00:04:33,700 Because this is what... 111 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. 113 00:04:43,700 --> 00:04:44,967 And they told me that was... 114 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. 116 00:04:49,667 --> 00:04:51,433 They can't-- A bank can't tell you. 117 00:04:51,433 --> 00:04:53,567 They can give you a document, which I will read, 118 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. 120 00:04:59,033 --> 00:05:01,066 Yeah, it is. It started this way. 121 00:05:01,066 --> 00:05:02,433 They're saying that that bank 122 00:05:02,433 --> 00:05:04,200 sent me the wrong amount of money? 123 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. 129 00:05:15,533 --> 00:05:17,600 Well, the bottom line of it was 130 00:05:17,600 --> 00:05:20,567 eventually, you gave him back $2,800 131 00:05:20,567 --> 00:05:23,066 of the 39 that he said that he was entitled to. 132 00:05:23,066 --> 00:05:24,100 Is that correct? 133 00:05:24,100 --> 00:05:25,467 No. Ms. Heckendorf. 134 00:05:25,467 --> 00:05:27,633 You never gave him $2,800? 135 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. 139 00:05:37,567 --> 00:05:39,367 When I ask you a question, I expect an answer. 140 00:05:39,367 --> 00:05:42,700 Mm-hmm. - You gave him $2,800. 141 00:05:42,700 --> 00:05:45,200 {\an8}And you gave him the $2,800, 142 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 144 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, 164 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 {\an8}Go to JudyJustice.tv