1
00:00:00,033 --> 00:00:02,367
You were
taking care of his mother.
2
00:00:02,367 --> 00:00:03,266
Yes, your Honor.
3
00:00:03,266 --> 00:00:04,266
Did she get paid?
4
00:00:04,266 --> 00:00:05,600
No one had their paperwork,
5
00:00:05,600 --> 00:00:06,633
taken care of yet.
6
00:00:06,633 --> 00:00:08,600
He stated out of his mouth,
7
00:00:08,600 --> 00:00:10,266
he would pay out of pocket.
8
00:00:10,266 --> 00:00:11,533
No, your Honor.
9
00:00:11,533 --> 00:00:13,266
You think that she should work for free?
10
00:00:14,467 --> 00:00:16,700
You can either make it easy or hard.
11
00:00:17,200 --> 00:00:19,900
This is Judy Justice.
12
00:00:35,834 --> 00:00:37,367
Tracy Gallon
13
00:00:37,367 --> 00:00:40,233
{\an8}is suing her client,
Ronald Webster,
14
00:00:40,233 --> 00:00:43,734
for unpaid wages while
working as a home aide.
15
00:00:43,834 --> 00:00:46,367
Court will come to order.
All rise.
16
00:00:46,800 --> 00:00:47,867
Have a seat, please.
17
00:00:49,333 --> 00:00:50,900
{\an8}- Hello, judge.
- How are you, Kevin?
18
00:00:51,000 --> 00:00:53,333
{\an8}Good, good. Case 2168
Gallon vs Webster.
19
00:00:53,333 --> 00:00:54,533
{\an8}- Thank you.
- You're welcome.
20
00:00:56,266 --> 00:00:59,233
Mrs. Gallon, you are
a home health aide?
21
00:00:59,233 --> 00:01:00,233
{\an8}Yes, ma'am.
22
00:01:00,233 --> 00:01:03,900
{\an8}Did you go to
any particular school or have any
23
00:01:03,900 --> 00:01:05,800
training to be a home health aide?
24
00:01:05,800 --> 00:01:08,834
Well, I went to CNA nursing school.
25
00:01:08,834 --> 00:01:12,033
- CNA? What is that?
- Certified Nursing Assistant.
26
00:01:12,033 --> 00:01:13,600
And you have been doing that
for over a decade?
27
00:01:13,600 --> 00:01:14,500
Correct.
28
00:01:14,500 --> 00:01:16,834
Do you need any license
in the state that you're from
29
00:01:16,834 --> 00:01:18,633
in order to be a CNA?
30
00:01:18,734 --> 00:01:20,600
CNA, yes. Caregiver, no.
31
00:01:20,600 --> 00:01:23,133
But you have a license
from CNA?
32
00:01:23,133 --> 00:01:26,266
{\an8}Yes, ma'am. I also have
a license for medical assistant.
33
00:01:26,266 --> 00:01:28,767
Now, there came a time
when you answered
34
00:01:28,767 --> 00:01:31,400
some sort of an ad by Mr. Webster.
35
00:01:31,400 --> 00:01:33,800
{\an8}Mr. Webster had a mother,
36
00:01:33,800 --> 00:01:36,000
{\an8}- who was ill and needed some
- Yes, your Honor.
37
00:01:36,000 --> 00:01:37,700
assistant in caring for her.
38
00:01:37,700 --> 00:01:40,100
- Are you a working man, sir?
- Yes, your Honor.
39
00:01:40,100 --> 00:01:43,400
- What kind of work do you do?
- I'm a caterer and a DJ.
40
00:01:44,066 --> 00:01:45,233
And also a driver.
41
00:01:45,233 --> 00:01:47,867
Do you get any salaries
from any of those jobs?
42
00:01:47,867 --> 00:01:49,934
It ranges from job to job.
43
00:01:49,934 --> 00:01:51,567
- Uh...
- Usually, how much?
44
00:01:51,567 --> 00:01:53,567
For DJ. A couple of hundred.
45
00:01:53,567 --> 00:01:55,633
- Uh...
- Couple hundred for how many hours?
46
00:01:55,633 --> 00:01:58,467
{\an8}It's based on by the job. The location.
47
00:01:58,467 --> 00:01:59,633
{\an8}Things of that nature.
48
00:01:59,633 --> 00:02:01,066
So, it can vary.
49
00:02:01,066 --> 00:02:02,100
Caterer?
50
00:02:02,100 --> 00:02:06,100
Catering. We're building a family business
so basically getting started with it.
51
00:02:06,100 --> 00:02:09,600
Probably made as much
as $1,800 for a catering event.
52
00:02:09,600 --> 00:02:12,700
So, again it was brand new,
prior to the pandemic.
53
00:02:12,700 --> 00:02:15,166
Okay, and what's your
steadiest source of income?
54
00:02:15,166 --> 00:02:16,133
Driving as of now.
55
00:02:16,133 --> 00:02:18,700
How much do you make,
approximately an hour driving?
56
00:02:18,700 --> 00:02:21,700
Now, probably $22.
57
00:02:21,700 --> 00:02:24,333
With the subtractions for--
58
00:02:24,333 --> 00:02:25,800
$22 an hour.
59
00:02:25,800 --> 00:02:28,033
Is that with or without your tips?
60
00:02:28,033 --> 00:02:29,533
That's with tips.
61
00:02:29,533 --> 00:02:31,700
Did you always
live with your mother?
62
00:02:31,700 --> 00:02:33,633
I lived with her for quite some time.
63
00:02:33,633 --> 00:02:35,266
Say within the last 10 years?
64
00:02:35,266 --> 00:02:39,233
Within the last 10 years,
I moved out three and a half years ago.
65
00:02:39,233 --> 00:02:42,700
Due to illness, I was staying with her
so I wasn't able to work.
66
00:02:42,700 --> 00:02:44,500
During that time I went to school,
67
00:02:44,500 --> 00:02:47,700
to become a caterer, cook, etc...
culinary school.
68
00:02:47,700 --> 00:02:50,300
Business school because
I did have aspirations to
69
00:02:50,300 --> 00:02:53,333
open a restaurant eventually
or a catering business, eventually.
70
00:02:53,333 --> 00:02:56,300
So you didn't live with your mother
for the last three and half years?
71
00:02:56,300 --> 00:02:58,700
- No, your Honor.
- What kind of illness did she have?
72
00:02:58,700 --> 00:03:01,700
My mother was diagnosed
initially with COPD.
73
00:03:01,700 --> 00:03:05,000
I forgot exactly what those words are,
but it's a pulmonary, it's...
74
00:03:05,000 --> 00:03:07,600
I know what COPD is,
it's a pulmonary disease.
75
00:03:07,600 --> 00:03:09,667
You're better than me [chuckles].
76
00:03:09,667 --> 00:03:11,767
Then there's also emphysema along with
77
00:03:11,767 --> 00:03:14,967
some other things that I was not made
aware until she passed away.
78
00:03:14,967 --> 00:03:15,867
How old was she?
79
00:03:16,233 --> 00:03:17,266
68 years old.
80
00:03:17,266 --> 00:03:18,200
A kid.
81
00:03:18,200 --> 00:03:19,100
Yes, your Honor.
82
00:03:19,100 --> 00:03:20,567
How long was she bedridden?
83
00:03:20,567 --> 00:03:21,633
From when to when?
84
00:03:21,633 --> 00:03:25,200
November 23rd until her death date,
April 30th.
85
00:03:25,200 --> 00:03:28,433
So, all the time that the plaintiff
took care of her she was bedridden?
86
00:03:28,433 --> 00:03:29,433
Yes, your honor.
87
00:03:29,433 --> 00:03:31,667
And was your mother
pretty strong-willed?
88
00:03:31,667 --> 00:03:33,567
Yes, very much so your Honor.
89
00:03:33,567 --> 00:03:36,300
And the COPD and emphysema,
90
00:03:36,567 --> 00:03:38,633
was in all probability,
91
00:03:38,633 --> 00:03:40,567
at least in part, if not all
92
00:03:40,567 --> 00:03:42,266
attributed to her smoking?
93
00:03:42,266 --> 00:03:43,200
Yes, your Honor.
94
00:03:43,200 --> 00:03:45,500
Now according to
your complaint Mrs. Gallon,
95
00:03:45,500 --> 00:03:47,734
{\an8}you worked for Mr. Webster
96
00:03:47,734 --> 00:03:50,533
{\an8}in taking care of his mother,
with whom he didn't live.
97
00:03:50,533 --> 00:03:51,467
Is that correct?
98
00:03:51,467 --> 00:03:53,600
- Yes, your Honor.
- Did anyone else live with her?
99
00:03:53,600 --> 00:03:54,667
My son lived with her.
100
00:03:54,667 --> 00:03:55,567
How old is he?
101
00:03:55,567 --> 00:03:56,767
He's 29 years old now.
102
00:03:56,767 --> 00:03:57,834
What does he do?
103
00:03:57,834 --> 00:03:59,967
He was working at the time for Tesla.
104
00:04:00,100 --> 00:04:01,667
He was but he's no longer?
105
00:04:01,667 --> 00:04:03,300
- No longer.
- But at this time,
106
00:04:03,300 --> 00:04:04,934
- he was working for...
- He was working for Tesla
107
00:04:04,934 --> 00:04:06,834
- the whole time?
- Yes, your Honor.
108
00:04:06,834 --> 00:04:08,767
The whole time from
the release from the hospital
109
00:04:08,767 --> 00:04:10,133
up until her death day. Yes, your Honor.
110
00:04:10,300 --> 00:04:12,100
Now, the house belonged to your mother?
111
00:04:12,100 --> 00:04:13,700
Via rent, but yes, your Honor.
112
00:04:14,266 --> 00:04:15,834
- She rented it?
- Yes, your Honor
113
00:04:15,834 --> 00:04:17,633
- She's a renter?
- Yes, your Honor.
114
00:04:17,867 --> 00:04:20,033
So, her grandson just stay there with her.
115
00:04:20,033 --> 00:04:22,133
- Yes, your Honor.
- So he slept there
116
00:04:22,133 --> 00:04:24,066
and you were supposed to
come during the day?
117
00:04:24,066 --> 00:04:24,967
Yes, your Honor.
118
00:04:24,967 --> 00:04:26,000
Monday to Friday?
119
00:04:26,000 --> 00:04:27,133
Monday to Saturday.
120
00:04:27,133 --> 00:04:31,734
Okay. Now do you have the ad
that you got from the defendant.
121
00:04:31,734 --> 00:04:33,333
I do.
122
00:04:33,333 --> 00:04:35,700
Let's see it, Kevin, please.
123
00:04:41,233 --> 00:04:42,133
Thank you.
124
00:04:42,133 --> 00:04:44,834
I also have the messages,
your Honor from that ad...
125
00:04:44,834 --> 00:04:47,133
Let me just read this.
126
00:04:48,500 --> 00:04:51,333
Okay you were asking for somebody good to
take care of your mother
127
00:04:51,333 --> 00:04:53,967
because she was
a great caretaker all of her life.
128
00:04:53,967 --> 00:04:54,900
- Yes, your Honor.
- Very nice.
129
00:04:54,900 --> 00:04:55,800
All of my life.
130
00:04:55,800 --> 00:04:56,967
- All of your life.
- Yes, your Honor.
131
00:04:56,967 --> 00:04:57,967
And in it
132
00:04:57,967 --> 00:05:00,834
he says IHSS for now.
133
00:05:01,166 --> 00:05:02,700
Would you explain what that is.
134
00:05:02,700 --> 00:05:04,667
It's In-Home Supportive Services.
135
00:05:04,667 --> 00:05:06,934
From the Federal government or the State?
136
00:05:06,934 --> 00:05:09,500
From the State if I'm not mistaken.
137
00:05:09,500 --> 00:05:11,567
And you are from the state of?
138
00:05:11,567 --> 00:05:12,767
California.
139
00:05:12,767 --> 00:05:14,233
Well, this is what he wrote.
140
00:05:14,233 --> 00:05:17,834
So, when you spoke to him with
the same parameters of your employment
141
00:05:17,934 --> 00:05:20,734
as contained in his ad
that you would be working
142
00:05:20,734 --> 00:05:22,967
for IHSS for now,
143
00:05:22,967 --> 00:05:24,500
maybe more in the future.
144
00:05:24,500 --> 00:05:26,133
I don't know what that means.
145
00:05:26,133 --> 00:05:29,934
I assume it means that if it works out
you'd be paying her in addition to
146
00:05:29,934 --> 00:05:32,567
what she was
making with IHSS.
147
00:05:32,567 --> 00:05:34,767
- No, your Honor...
- What does this mean?
148
00:05:34,767 --> 00:05:36,767
IHSS for now,
149
00:05:36,767 --> 00:05:38,834
Yes.
- Maybe more.
150
00:05:38,834 --> 00:05:40,200
What does that "maybe more" mean?
151
00:05:40,200 --> 00:05:42,767
I, honestly can't recollect
what that meant.
152
00:05:42,767 --> 00:05:45,567
I am aware that I did send
that text message or that
153
00:05:45,567 --> 00:05:46,467
Facebook post.
154
00:05:46,467 --> 00:05:49,667
Is there anything in any of
the text messages you have
155
00:05:49,667 --> 00:05:52,233
that indicates what "maybe more" is?
156
00:05:52,233 --> 00:05:55,767
Yeah, just verbally,
he stated out of his mouth
157
00:05:55,767 --> 00:05:59,000
that anything extra, him and his
son will pay out of pocket.
158
00:05:59,000 --> 00:06:00,600
Okay, extra like what?
159
00:06:00,600 --> 00:06:02,066
{\an8}- Extra...
- Extra hours if
160
00:06:02,066 --> 00:06:06,500
{\an8}the hours that I agreed to work to,
if they needed to be extended,
161
00:06:06,500 --> 00:06:10,200
my traveling time,
my toll from where I was driving from.
162
00:06:10,200 --> 00:06:12,367
- He was supposed to comp...
- Reimburse you.
163
00:06:12,367 --> 00:06:14,166
- Yes, ma'am.
- Is that correct, sir?
164
00:06:14,166 --> 00:06:15,400
No, your Honor.
165
00:06:15,400 --> 00:06:17,600
Now, you started working when?
166
00:06:17,600 --> 00:06:19,900
February 24th was my first day.
167
00:06:19,900 --> 00:06:22,467
From February 24th until April what?
168
00:06:22,467 --> 00:06:23,500
23rd.
169
00:06:23,500 --> 00:06:25,133
And that was 6 days a week?
170
00:06:25,133 --> 00:06:28,266
It varied because,
depending on my schedule.
171
00:06:28,266 --> 00:06:30,800
So every other week
I would work Monday to Friday.
172
00:06:30,800 --> 00:06:33,967
And then the additional weeks
I work Monday to Saturday
173
00:06:33,967 --> 00:06:36,367
So it's between five and six days a week.
174
00:06:36,367 --> 00:06:38,467
And how many hours a day were you working?
175
00:06:38,467 --> 00:06:39,367
Five.
176
00:06:39,367 --> 00:06:43,033
So when you came in to work
was the grandson still there?
177
00:06:43,033 --> 00:06:45,000
{\an8}Sometimes he was and sometimes he wasn't.
178
00:06:45,000 --> 00:06:47,834
{\an8}- And if he wasn't. Ms. Webster was alone.
- Correct.
179
00:06:47,834 --> 00:06:50,333
- And when you left was she alone?
- Yes, ma'am.
180
00:06:50,433 --> 00:06:54,300
And then hopefully, the son came back
to assist her at night.
181
00:06:54,300 --> 00:06:55,266
From my understanding,
182
00:06:55,266 --> 00:06:58,633
there was another caregiver that
was supposed to be there at nighttime.
183
00:06:58,633 --> 00:07:01,166
Which I never saw so I'm not sure.
184
00:07:01,166 --> 00:07:02,967
Did you have another
caregiver there at night?
185
00:07:02,967 --> 00:07:04,867
- Yes, your Honor.
- And who was that?
186
00:07:04,867 --> 00:07:05,800
Her name is...
187
00:07:05,800 --> 00:07:07,266
How long was she there?
188
00:07:07,266 --> 00:07:10,066
You mean her work time or
her duration of employment?
189
00:07:10,066 --> 00:07:11,033
Duration of employment.
190
00:07:11,033 --> 00:07:12,467
The same time that Tracy started.
191
00:07:12,467 --> 00:07:13,800
Did she get paid?
192
00:07:13,800 --> 00:07:15,533
- I'm not aware...
- Just a second.
193
00:07:15,633 --> 00:07:17,200
Did you fill out papers for...?
194
00:07:17,200 --> 00:07:19,233
- I, your Honor...
- That's just it.
195
00:07:19,233 --> 00:07:20,166
No.
196
00:07:20,166 --> 00:07:24,166
If you didn't fill out papers for her then
she was working for nothing
197
00:07:24,166 --> 00:07:26,133
or she got paid from you directly.
198
00:07:26,133 --> 00:07:28,734
Before you answer me.
199
00:07:28,734 --> 00:07:33,567
You had a nighttime person who was
hired at the same as the plaintiff was.
200
00:07:33,734 --> 00:07:37,900
Either she was paid from an agency,
or she was paid from you,
201
00:07:37,900 --> 00:07:40,667
or she did it gratuitously.
202
00:07:40,667 --> 00:07:41,800
What was it?
203
00:07:44,367 --> 00:07:47,834
Had your son ever applied
to be a caregiver for your mother?
204
00:07:47,834 --> 00:07:51,100
Think carefully before
you answer that question,
205
00:07:51,100 --> 00:07:53,734
because this one knows all.
206
00:07:53,734 --> 00:07:57,800
Had your son ever applied to be your
mother's caregiver?
207
00:07:57,800 --> 00:07:59,867
Yes, your Honor.
Rats, oh.
208
00:07:59,867 --> 00:08:02,100
Makes it so easy.
209
00:08:12,600 --> 00:08:14,200
Tracy Gallon,
210
00:08:14,200 --> 00:08:18,967
{\an8}claims her client, Ronald Webster
owes her unpaid wages.
211
00:08:18,967 --> 00:08:21,633
Now, the agency.
Was she paid from an agency?
212
00:08:21,633 --> 00:08:25,800
Yes, your Honor.
Don't say "yes" if she was not.
213
00:08:25,800 --> 00:08:28,934
If she was not paid by the agency,
cause she didn't get paid,
214
00:08:28,934 --> 00:08:31,867
then say she'd never got any money
from the agency.
215
00:08:31,867 --> 00:08:33,800
And if you never filled out any paperwork,
216
00:08:33,800 --> 00:08:35,834
she couldn't have
gotten paid by the agency.
217
00:08:35,834 --> 00:08:36,800
Correct.
218
00:08:36,800 --> 00:08:39,133
- Why don't you just...
- Oh let me rephrase that
219
00:08:39,133 --> 00:08:41,667
because this is where
the trepidation comes along.
220
00:08:41,667 --> 00:08:45,500
Neither of the caregivers were
properly inputted into
221
00:08:45,500 --> 00:08:47,300
In-Home Supportive care system.
222
00:08:47,400 --> 00:08:50,800
So, there's allotment that is allowed
where caregivers can work
223
00:08:50,800 --> 00:08:53,433
in hopes of having
a large lump sum payment
224
00:08:53,433 --> 00:08:57,200
once they get their paperwork, background
check and everything else taken care of.
225
00:08:57,200 --> 00:08:59,300
So up until the 29th,
226
00:08:59,300 --> 00:09:00,533
no one had gotten paid
227
00:09:00,533 --> 00:09:03,333
because no one had their
paperwork taken care of yet.
228
00:09:03,333 --> 00:09:06,867
{\an8}So, it's on the 29th when
that starts to come about
229
00:09:06,867 --> 00:09:09,400
{\an8}so I personally never signed
any paperwork
230
00:09:09,400 --> 00:09:11,066
for neither of the caregivers.
231
00:09:11,066 --> 00:09:12,333
Not true, your Honor.
232
00:09:12,333 --> 00:09:14,400
Just a second.
That's what he's saying.
233
00:09:14,400 --> 00:09:16,500
So he signed no paperwork.
234
00:09:16,500 --> 00:09:20,700
And she worked for you from
February to March. March to April.
235
00:09:20,700 --> 00:09:21,867
For two months.
236
00:09:21,867 --> 00:09:24,567
How much did you pay her
in the two months she worked there?
237
00:09:24,567 --> 00:09:27,900
Out of my pocket,
I paid her $110 with a caveat.
238
00:09:27,900 --> 00:09:30,400
It was the first time that
she worked on a Saturday.
239
00:09:30,400 --> 00:09:31,900
I asked her to do so, because--
240
00:09:31,900 --> 00:09:33,266
Just tell me how much you paid her?
241
00:09:33,266 --> 00:09:34,667
$110
242
00:09:34,667 --> 00:09:35,767
Anything else?
243
00:09:35,767 --> 00:09:38,166
Because I had
a Calander'd DJing event.
244
00:09:38,166 --> 00:09:40,367
I was not filling anything up
until that point.
245
00:09:40,367 --> 00:09:41,934
- {\an8}- Mr.
- Webster.
- Yes, ma'am.
246
00:09:41,934 --> 00:09:42,834
{\an8}Yes, your Honor.
247
00:09:42,834 --> 00:09:45,500
{\an8}You seem like a nice man.
It's gonna cost you money.
248
00:09:45,500 --> 00:09:47,834
You can either make it easy
or make it hard.
249
00:09:47,834 --> 00:09:50,467
From February to April,
250
00:09:50,467 --> 00:09:51,700
did your son work?
251
00:09:51,700 --> 00:09:53,867
Yes, your Honor. He worked at Tesla.
252
00:09:53,867 --> 00:09:55,400
Then I'm not finished with you with that.
253
00:09:55,400 --> 00:09:57,633
Your son worked for Tesla.
254
00:09:57,633 --> 00:10:00,066
I assume Tesla paid him.
255
00:10:00,066 --> 00:10:01,800
I'm assuming he got paid too, your Honor.
256
00:10:01,800 --> 00:10:05,467
And when you worked as a caterer,
I assume you got paid.
257
00:10:05,467 --> 00:10:07,700
I was not working as a caterer
during that time, Your Honor.
258
00:10:07,700 --> 00:10:10,066
Were you working
as a driver during that time?
259
00:10:10,066 --> 00:10:11,800
I did work as a driver
during that time, Your Honor.
260
00:10:11,900 --> 00:10:12,867
Did you get paid?!
261
00:10:12,867 --> 00:10:13,867
Yes, your Honor.
262
00:10:13,867 --> 00:10:18,200
Prior to the plaintiff getting hired,
and this other woman,
263
00:10:18,200 --> 00:10:21,900
Had your son ever applied
to be caregiver for your mother?
264
00:10:21,900 --> 00:10:25,133
Think carefully before
you answer that question.
265
00:10:25,133 --> 00:10:29,900
Think very carefully
because this one knows all.
266
00:10:29,900 --> 00:10:33,767
Had your son ever applied to be
your mother's caregiver?
267
00:10:33,767 --> 00:10:35,934
Yes, your Honor.
Rats, oh.
268
00:10:35,934 --> 00:10:37,867
Makes it so easy.
269
00:10:40,400 --> 00:10:43,233
And when did he apply
to be your mother's caregiver?
270
00:10:43,333 --> 00:10:46,400
According to their information I have
which I was just made aware of--
271
00:10:46,400 --> 00:10:47,300
Just a second.
272
00:10:47,300 --> 00:10:49,100
- Yes, your Honor.
- That's a lot of...
273
00:10:50,233 --> 00:10:52,300
Your son is in your mother's house.
274
00:10:52,300 --> 00:10:53,900
- Yes, your Honor.
- You're there all the time
275
00:10:53,900 --> 00:10:55,433
because you're interested in your mother.
276
00:10:55,433 --> 00:10:58,266
You are the next of kin.
You have to sign off.
277
00:10:58,266 --> 00:11:02,367
Did your son sign up
to be your mother's caregiver and when?
278
00:11:02,367 --> 00:11:05,967
Give me the month, day,
and year that he signed up.
279
00:11:05,967 --> 00:11:07,800
According to the paperwork I have
280
00:11:07,800 --> 00:11:09,467
I have to look at it because I don't...
281
00:11:09,467 --> 00:11:12,700
Look at it. You can look at it.
I just said give me the date.
282
00:11:15,900 --> 00:11:19,100
Sarah, what's on paper
doesn't always make sense right?
283
00:11:19,200 --> 00:11:20,033
- Yeah.
- You know?
284
00:11:20,033 --> 00:11:21,367
You figure it out along the way.
285
00:11:21,367 --> 00:11:22,834
Follow the money. Yes.
286
00:11:23,133 --> 00:11:24,867
- Always.
- Always follow the money.
287
00:11:25,767 --> 00:11:28,100
Leads you right to
where you want to be.
288
00:11:28,100 --> 00:11:29,266
Lets go.
289
00:11:29,266 --> 00:11:31,133
According the paperwork I have here.
290
00:11:31,133 --> 00:11:34,133
His paperwork was started on
August of 2021.
291
00:11:34,133 --> 00:11:35,166
When was it signed?
292
00:11:35,166 --> 00:11:36,333
It does not state that.
293
00:11:36,333 --> 00:11:38,533
{\an8}And she started working in February.
294
00:11:38,867 --> 00:11:40,166
{\an8}- Is that right?
- Yes, ma'am.
295
00:11:40,166 --> 00:11:43,934
So between August
and February, Mr. Webster
296
00:11:43,934 --> 00:11:45,467
who took care of your mother?
297
00:11:45,467 --> 00:11:47,166
My son lived with her.
298
00:11:47,166 --> 00:11:51,133
He's... according to this I was not privy
to this information before.
299
00:11:51,133 --> 00:11:53,633
- Okay, let me understand something
- Yes, your Honor.
300
00:11:53,633 --> 00:11:58,934
This is not a house select
committee investigation sir.
301
00:11:58,934 --> 00:12:01,734
This is just a courtroom
trying to figure out
302
00:12:01,734 --> 00:12:05,500
who took care of your mother who was
unable to take care of herself,
303
00:12:05,500 --> 00:12:10,033
from August until February when you got
another caregiver.
304
00:12:10,033 --> 00:12:13,433
And whether that person
was signed up to get
305
00:12:13,433 --> 00:12:15,166
In-Home Health benefits.
306
00:12:15,166 --> 00:12:17,667
So the answer is, partially,
307
00:12:17,667 --> 00:12:22,433
I know that your son,
who lives with her rent free.
308
00:12:25,467 --> 00:12:27,667
I'm sorry, not with my mother.
Not rent free
309
00:12:27,667 --> 00:12:28,800
Lives with her. Yes.
310
00:12:28,800 --> 00:12:32,900
Maybe not, then maybe,
Kevin and I are paying the rent.
311
00:12:32,900 --> 00:12:34,400
You never can tell.
312
00:12:34,400 --> 00:12:37,266
I don't know how much and
I can't ask you how much
313
00:12:37,266 --> 00:12:41,100
money your son made
between August and February.
314
00:12:41,100 --> 00:12:43,300
Maybe she got
a little too difficult for him
315
00:12:43,300 --> 00:12:47,367
to deal with because of this
in stages of being sick that way.
316
00:12:47,367 --> 00:12:51,400
You require a lot more help
than you want your grandson
317
00:12:51,400 --> 00:12:52,767
to take care of.
318
00:12:52,767 --> 00:12:54,633
And so you needed somebody else.
319
00:12:54,633 --> 00:12:58,900
Now, I've about,
just about Mr. Webster,
320
00:12:58,900 --> 00:13:02,233
reached the end of creating
the picture in this case.
321
00:13:02,233 --> 00:13:05,867
But the plaintiff was there and so far
you've given her a 100 bucks
322
00:13:05,867 --> 00:13:07,333
{\an8}in two months.
323
00:13:07,333 --> 00:13:09,867
{\an8}You got paid during that time period.
324
00:13:09,867 --> 00:13:13,100
Your son who worked for Tesla
got paid during that time period.
325
00:13:13,100 --> 00:13:14,767
You can bet your bottom booty
326
00:13:14,767 --> 00:13:17,800
that I got paid during that
period cause I worked.
327
00:13:17,800 --> 00:13:18,800
Nobody said to me
328
00:13:18,800 --> 00:13:22,734
"Well you didn't get your form in right,
there we're not paying you"
329
00:13:22,734 --> 00:13:24,100
Rude, you're not paying me.
330
00:13:24,100 --> 00:13:27,100
You can find me today,
getting my pedicure.
331
00:13:28,834 --> 00:13:31,500
She stayed even though
she didn't get paid.
332
00:13:31,500 --> 00:13:33,867
Now, if she didn't work for you
333
00:13:33,867 --> 00:13:37,333
could you or your son have gone out to do
their other work?
334
00:13:37,333 --> 00:13:40,467
Or would you have left your mother alone?
What would've you done?
335
00:13:40,467 --> 00:13:42,500
Possibly make other arrangements,
your Honor.
336
00:13:42,500 --> 00:13:45,367
Possibly. You mean get another sucker
to work for free.
337
00:13:45,367 --> 00:13:47,367
You think that she should work for free?
338
00:13:48,100 --> 00:13:49,266
You think that she should work for free?
339
00:13:49,266 --> 00:13:51,266
No, your Honor but I don't think
she should smoke cigarettes
340
00:13:51,266 --> 00:13:53,200
- with my mother around.
- This is your counter claim.
341
00:13:53,200 --> 00:13:54,533
Your counterclaim is stupid.
342
00:13:54,533 --> 00:13:55,934
- Okay.
- Your counterclaim is stupid.
343
00:13:55,934 --> 00:13:56,834
You just told me before
344
00:13:56,834 --> 00:14:00,233
your mother is the kind of woman that
would do exactly what she wants to do.
345
00:14:00,233 --> 00:14:02,567
{\an8}And what you think yourself,
346
00:14:02,567 --> 00:14:05,000
{\an8}since you're not there
and off doing your thing,
347
00:14:05,000 --> 00:14:08,266
somebody who is terminally ill,
not getting better.
348
00:14:08,266 --> 00:14:09,433
You knew that right?
349
00:14:09,433 --> 00:14:11,066
- I did know.
- You did know that.
350
00:14:11,066 --> 00:14:14,000
And if your mother chose an easier way
351
00:14:14,000 --> 00:14:16,133
to go than the one you selected for her.
352
00:14:16,133 --> 00:14:18,166
That would've been her prerogative.
353
00:14:18,166 --> 00:14:19,800
That's also a fair statement.
354
00:14:19,800 --> 00:14:21,333
- Yes, your Honor.
- Okay,
355
00:14:21,333 --> 00:14:24,800
so you didn't like the caring that she
did for your mother
356
00:14:24,800 --> 00:14:28,300
but, actually her leaving
had to do with you not paying her.
357
00:14:28,300 --> 00:14:29,500
You didn't fire her.
358
00:14:30,400 --> 00:14:33,200
Okay, let's put it another this way.
Did you fire her?
359
00:14:33,200 --> 00:14:35,800
No, your Honor.
Because I did not have the power to do so.
360
00:14:35,800 --> 00:14:37,834
- No, you did not fire her?
- No, your Honor.
361
00:14:37,834 --> 00:14:39,233
- That's not true, your Honor...
- Who put in
362
00:14:39,233 --> 00:14:40,934
Who is Ron Webster?
363
00:14:40,934 --> 00:14:42,633
- I am Ronald Webster.
- You hired her.
364
00:14:42,633 --> 00:14:44,000
No, your Honor.
365
00:14:44,000 --> 00:14:45,433
Well, this is you.
366
00:14:45,433 --> 00:14:49,066
"Need a good caregiver for my mom."
367
00:14:49,066 --> 00:14:50,033
"Need."
368
00:14:50,033 --> 00:14:51,166
That means I need.
369
00:14:51,166 --> 00:14:52,066
Yes, your Honor.
370
00:14:52,066 --> 00:14:54,633
Okay, now let's go
to one other place.
371
00:14:54,633 --> 00:14:56,233
Okya? Then I'll let you talk.
372
00:14:56,233 --> 00:14:58,734
Right now it doesn't seem
to be that your losing.
373
00:14:58,734 --> 00:15:01,100
- Right?
- Yes, your Honor [laughs].
374
00:15:04,367 --> 00:15:06,734
- In March. Ms.
- Gallon.
375
00:15:06,734 --> 00:15:10,533
"Where's my money? You know I'm taking
care of your mom. There's no money."
376
00:15:10,533 --> 00:15:11,834
What does he say?
377
00:15:11,834 --> 00:15:15,200
He kept blaming IHS,
he needed to talk to them.
378
00:15:15,200 --> 00:15:19,300
And IHS just kept responding to me
and was just like, "He's crazy."
379
00:15:30,433 --> 00:15:34,800
Tracy Gallon,
is accusing her client, Ronald Webster
380
00:15:34,800 --> 00:15:38,433
of refusing to pay her
after caring for his mother.
381
00:15:38,433 --> 00:15:40,734
Ronald claims Tracy smokes ciggarettes
382
00:15:40,734 --> 00:15:42,967
and marijuana while working.
383
00:15:43,567 --> 00:15:47,066
How much do you think
the time that she worked there,
384
00:15:47,066 --> 00:15:49,233
taking care of your mother, was worth?
385
00:15:49,233 --> 00:15:51,934
Your Honor, I, personally,
could not put a price on that.
386
00:15:52,033 --> 00:15:55,500
I know that she is contracted through
IHSS for $16 per hour.
387
00:15:55,500 --> 00:15:57,533
Does your mother have
a life insurance policy?
388
00:15:57,633 --> 00:16:00,200
My mother had a couple of
life insurance policies, yes.
389
00:16:00,200 --> 00:16:02,000
What were they and who were
the beneficiaries?
390
00:16:02,000 --> 00:16:04,133
- I was a beneficiary...
- Of what? How much?
391
00:16:04,133 --> 00:16:06,300
The total was $3,700.
392
00:16:06,300 --> 00:16:08,533
Did she have a separate
policy for her burial?
393
00:16:08,533 --> 00:16:09,433
No, your Honor.
394
00:16:09,433 --> 00:16:11,567
- Did she own any properties anywhere?
- No, your Honor.
395
00:16:11,567 --> 00:16:13,967
So what was the total you received from
the estate?
396
00:16:13,967 --> 00:16:17,800
The policy was set to pay $1,300 which I
have not received at all.
397
00:16:17,900 --> 00:16:21,867
You mean in addition to the $3,700 you'll
receive another $1,300?
398
00:16:21,867 --> 00:16:23,433
{\an8}$13,000 it what I was meant to say.
399
00:16:23,433 --> 00:16:24,867
{\an8}- Oh.
- I said 1300 I misspoke.
400
00:16:24,867 --> 00:16:27,166
{\an8}-$13,000.
-$13,000 total.
401
00:16:27,166 --> 00:16:28,600
How much did you pay
402
00:16:28,600 --> 00:16:32,066
for the interment,
the service if there was one.
403
00:16:32,066 --> 00:16:33,200
Whatever, how much did you pay?
404
00:16:33,200 --> 00:16:35,533
You paid for, what I assume
out of this money.
405
00:16:35,533 --> 00:16:40,066
I have not done all the math,
it's upwards of $15,000 or so.
406
00:16:40,066 --> 00:16:42,066
- As I'm still...
- Haven't done all the math.
407
00:16:42,066 --> 00:16:43,967
Fine. How much are you owed?
408
00:16:43,967 --> 00:16:46,600
I have it there. 26...
409
00:16:46,600 --> 00:16:48,700
the whole breakdown is...
410
00:16:48,700 --> 00:16:51,867
The amount was $2,912 minus the $300.
411
00:16:51,867 --> 00:16:54,266
- You say he gave you $300 not $140.
- Correct.
412
00:16:54,266 --> 00:16:55,500
- Okay.
- He CashApp-ed me $300.
413
00:16:55,500 --> 00:16:58,633
My question is that at $16 an hour?
414
00:16:58,633 --> 00:16:59,533
Yes, ma'am.
415
00:16:59,533 --> 00:17:00,800
Which is what you would've made.
416
00:17:00,800 --> 00:17:02,433
- Correct.
- Do you have any other evidence
417
00:17:02,433 --> 00:17:05,066
to support that fact
that he was helping you
418
00:17:05,066 --> 00:17:08,600
or that he agreed that this money
was due and owed to you?
419
00:17:08,600 --> 00:17:11,934
I have the email here where he was
asking me to send the total of hours
420
00:17:11,934 --> 00:17:12,867
what he owed me.
421
00:17:12,867 --> 00:17:14,934
May I see that Kevin, please?
422
00:17:23,000 --> 00:17:27,033
And this is also the payment
that he did pay me, the $300.
423
00:17:27,033 --> 00:17:28,533
Well this is from you.
424
00:17:28,533 --> 00:17:31,667
{\an8}Yeah, he asked me to send that
to him because he kept acting if--
425
00:17:31,667 --> 00:17:34,900
- No, but this is from you to him.
- Correct.
426
00:17:34,900 --> 00:17:37,800
Can I see you answer to this
when she sends you this document.
427
00:17:37,800 --> 00:17:39,367
- I don't have that email.
- Well, do you have...
428
00:17:39,367 --> 00:17:42,033
I could check my phone.
429
00:17:42,033 --> 00:17:42,934
No.
430
00:17:43,333 --> 00:17:46,900
Okay, now in March,
Mrs. Gallon.
431
00:17:46,900 --> 00:17:50,700
"Where's my money you know I'm taking care
of your mom. There's no money."
432
00:17:50,700 --> 00:17:51,900
What does he say?
433
00:17:51,900 --> 00:17:53,967
He kept blaming it on IHS.
434
00:17:53,967 --> 00:17:55,400
He needed to talk to them.
435
00:17:55,400 --> 00:17:59,066
And IHS just kept responding to me
and was just like, "He's crazy.
436
00:17:59,066 --> 00:18:01,133
I don't know why keep
reaching out to us.
437
00:18:01,133 --> 00:18:02,633
We keep repeating the same thing."
438
00:18:02,633 --> 00:18:04,467
He said he never filled out forms.
439
00:18:04,467 --> 00:18:06,800
Also, this is the contract that he signed
440
00:18:06,934 --> 00:18:11,400
stating that I am the IHSS provider,
441
00:18:11,400 --> 00:18:15,567
if there's any extra fees that were
over the hours that were allowed for her,
442
00:18:15,567 --> 00:18:17,767
that he would have to cover out
of his pocket.
443
00:18:17,767 --> 00:18:20,667
No, he said he never
filled out these forms.
444
00:18:20,667 --> 00:18:22,667
No, that is the contract he signed.
445
00:18:22,667 --> 00:18:25,567
We have to sign that
with IHSS first
446
00:18:25,667 --> 00:18:28,734
to approve me even to be
to being the worker for his mom.
447
00:18:28,734 --> 00:18:31,433
So once they approved me
and I went through orientation,
448
00:18:31,433 --> 00:18:34,567
he signed that he would be
responsible for the hours.
449
00:18:34,567 --> 00:18:37,333
I kind of marked it on there
where it states that
450
00:18:37,333 --> 00:18:41,133
this is the contact and this
and you know this is what comes with it.
451
00:18:41,133 --> 00:18:43,467
Also, here are the timesheets I submitted.
452
00:18:43,467 --> 00:18:45,767
Okay. Not necessary.
453
00:18:45,767 --> 00:18:48,367
He acknowledges that
he didn't pay you any more than
454
00:18:48,367 --> 00:18:51,834
he says $100 you say $300
that's actually in your favor.
455
00:18:51,834 --> 00:18:55,333
$2,612. I suggest you take it out of
456
00:18:55,333 --> 00:18:58,033
the $13,000 that you recieved
457
00:18:58,033 --> 00:18:59,567
from your mother's life insurance.
458
00:18:59,567 --> 00:19:02,266
I'm sure she would like
her caregiver paid.
459
00:19:02,266 --> 00:19:05,433
The one who took care of her in the last
couple months of her life.
460
00:19:05,433 --> 00:19:07,300
Your counterclaim was just ridiculous.
461
00:19:07,300 --> 00:19:09,400
Dismissed for the reasons I already said.
462
00:19:09,834 --> 00:19:12,734
The fact that the defendant
may have either smoked with her,
463
00:19:12,734 --> 00:19:15,800
or allowed your mother to smoke
in the last couple of years of her life
464
00:19:15,800 --> 00:19:16,967
is ridiculous.
465
00:19:16,967 --> 00:19:20,433
You're the one who said to me.
"My mother is my mother is my mother.
466
00:19:20,433 --> 00:19:22,200
She'll do what she wants to do."
467
00:19:22,200 --> 00:19:23,600
Is it something like that?
468
00:19:23,600 --> 00:19:24,700
Yeah.
- Yes, your Honor.
469
00:19:24,700 --> 00:19:26,800
You're done, so is your counterclaim.
470
00:19:26,800 --> 00:19:28,033
$2,600.
471
00:19:28,033 --> 00:19:29,700
This court is adjourned.
472
00:19:29,700 --> 00:19:30,934
Yeah, my mom's death...
473
00:19:30,934 --> 00:19:35,367
{\an8}I've been doing everything I can to make
sure she was taken care of and um...
474
00:19:35,367 --> 00:19:36,867
you know it's unfortunate.
475
00:19:36,867 --> 00:19:39,133
I'm really happy with the decision today.
476
00:19:39,133 --> 00:19:42,934
I was glad she was able to see
through all the lies and everything.
477
00:19:42,934 --> 00:19:45,767
The plaintiff would give her
cigarettes to stash for her
478
00:19:45,767 --> 00:19:48,266
so she wouldn't over-indulge
herself smoking cigarettes.
479
00:19:48,266 --> 00:19:50,633
Yes, I would go and
get her the cigarettes
480
00:19:50,633 --> 00:19:53,233
because that was her
last thing she wanted. So...
481
00:19:53,233 --> 00:19:56,967
At best while taking care of my mom
she did a pretty good job.
482
00:19:56,967 --> 00:19:58,533
I've never denied that.
483
00:19:58,533 --> 00:20:00,300
I've also wanted her to get paid.
484
00:20:00,300 --> 00:20:04,300
Just blamed it on IH...IHSS and
485
00:20:04,300 --> 00:20:07,233
just there was no really reason for him
to not pay me at all.
486
00:20:07,233 --> 00:20:08,533
I've been ready to put it behind me.
487
00:20:08,533 --> 00:20:11,734
This has been a nightmare since my mom's
death, right before that.
488
00:20:11,734 --> 00:20:13,400
I'm certainly glad to get it behind me.
489
00:20:13,400 --> 00:20:16,934
I really did give her the best care I
could. You know, she was happy.
490
00:20:16,934 --> 00:20:18,367
She was very happy. So...
491
00:20:18,367 --> 00:20:20,133
I'm okay with everything.
492
00:20:20,734 --> 00:20:24,667
Cases like this are sad but
it shines the light on the whole
493
00:20:24,667 --> 00:20:26,400
sector that is elder law.
494
00:20:26,400 --> 00:20:29,266
And there are so many federal
and state programs
495
00:20:29,266 --> 00:20:31,900
to make the elderly and vulnerable
feel more comfortable,
496
00:20:31,900 --> 00:20:34,934
to stay in their home,
to be able to pick their own provider.
497
00:20:34,934 --> 00:20:38,400
But unfortunately, because of
all the overlap and lack of oversight,
498
00:20:38,400 --> 00:20:42,100
there's a lot of fraud that takes place
with the most vulnerable population
499
00:20:42,100 --> 00:20:44,300
and like you were just talking about,
500
00:20:44,300 --> 00:20:48,700
your mother is the one you rely on
for a majority of your younger years,
501
00:20:48,700 --> 00:20:51,567
- Yeah.
- to keep you alive, bathe you, feed you
502
00:20:51,567 --> 00:20:53,400
and towards the end,
it's just unfortunate
503
00:20:53,400 --> 00:20:55,600
that they don't receive the same
care as we do in the beginning.
504
00:20:55,600 --> 00:20:57,533
Yeah, they're not being watched
505
00:20:57,533 --> 00:21:00,700
as carefully
by the people that they cared for.
506
00:21:00,700 --> 00:21:01,934
Yeah, but I...
507
00:21:01,934 --> 00:21:05,934
The plaintiff here surprised me.
I mean working two months,
508
00:21:05,934 --> 00:21:06,967
five days a week.
509
00:21:06,967 --> 00:21:08,367
And she stuck with her job.
510
00:21:08,367 --> 00:21:10,400
Went for no money and no real
511
00:21:10,400 --> 00:21:12,467
end in sight for when
she was going to be paid.
512
00:21:12,467 --> 00:21:13,767
I respect her for that.
513
00:21:13,767 --> 00:21:16,200
She obviously cares about
her business and about her craft,
514
00:21:16,200 --> 00:21:18,734
as being a healthcare worker,
so I appreciate that,
515
00:21:18,734 --> 00:21:20,800
but it shouldn't fall of kind-hearted
516
00:21:20,800 --> 00:21:23,333
people like that to
take care of our elderly.
517
00:21:23,333 --> 00:21:26,266
Maybe. Not sure. I...
518
00:21:26,600 --> 00:21:30,233
I think not everybody is fortunate enough
to have children.
519
00:21:30,233 --> 00:21:32,000
- Yeah.
- If you have children,
520
00:21:32,000 --> 00:21:34,500
that fit into that mold,
521
00:21:34,500 --> 00:21:36,400
and I think that's wonderful
522
00:21:36,400 --> 00:21:39,834
that the state for those people
that don't have loving
523
00:21:39,834 --> 00:21:43,600
families to support them
if they're sick or elderly.
524
00:21:43,600 --> 00:21:47,734
For the state to provide
a mechanism for those people too.
525
00:21:47,734 --> 00:21:50,633
- Get from their bed to a bathroom,
- Yeah.
526
00:21:50,633 --> 00:21:52,934
to another room, to a meal perhaps.
527
00:21:52,934 --> 00:21:54,100
I think it's wonderful.
528
00:21:54,100 --> 00:21:56,767
I think that this country,
Sarah, can't do everything.
529
00:21:56,767 --> 00:21:57,700
Yeah.
530
00:21:57,700 --> 00:22:00,300
And I know that
we discussed a moment ago
531
00:22:00,300 --> 00:22:02,734
not bringing in another case, but...
532
00:22:02,734 --> 00:22:08,734
To me, when you don't give money
to somebody who did work.
533
00:22:08,734 --> 00:22:11,767
In the betterance of society
534
00:22:11,767 --> 00:22:15,500
and you send stimulus money to prisoners.
535
00:22:15,500 --> 00:22:18,100
Who are there because
they did something wrong,
536
00:22:18,100 --> 00:22:23,567
and you send $1.2 billion
in stimilus money
537
00:22:23,567 --> 00:22:27,100
to people who are serving
life terms in prison.
538
00:22:27,100 --> 00:22:30,033
To me doesn't make sense.
539
00:22:30,033 --> 00:22:34,967
But perhaps somebody will straighten
me out a couple of cases from now.
540
00:22:34,967 --> 00:22:36,000
Maybe we'll see.
541
00:22:37,333 --> 00:22:38,834
Want justice?
542
00:22:39,033 --> 00:22:41,700
Go to JudyJustice.tv