1
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You were having a party
for one of your kids.
2
00:00:02,166 --> 00:00:03,633
- Yes.
- You were jumping
3
00:00:03,633 --> 00:00:06,000
with full force on that sprinkler head.
4
00:00:06,000 --> 00:00:09,033
You say she didn't properly
supervise your daughter.
5
00:00:09,033 --> 00:00:09,967
Yes, ma'am.
6
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She doesn't require her supervision.
7
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The landlord is holding her responsible.
8
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She's going to lose her housing.
9
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This is Judy Justice.
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Kara Simmons is suing
her former friend, Jenia Freeman,
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for water damage
caused by Jenia's 14-year-old daughter.
12
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Court in order. All rise.
13
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Have a seat, please.
14
00:00:51,033 --> 00:00:52,000
Hello, judge. Hello.
15
00:00:52,000 --> 00:00:54,033
Case 2180, Simmons versus Freeman.
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00:00:54,033 --> 00:00:55,166
- Thank you.
- You're welcome.
17
00:00:56,867 --> 00:00:59,600
Ms. Simmons, how long
have you known Ms. Freeman?
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00:00:59,700 --> 00:01:02,133
{\an8}I met her in the third grade,
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{\an8}um, I've seen her a few times since then.
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{\an8}And, you were having a party
for one of your kids?
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Yes, my oldest son.
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- How old is he?
- Twelve.
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And it was a house party.
And, was she invited?
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She was invited.
I invited everybody from my...
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Facebook, my family and my friends.
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00:01:17,900 --> 00:01:20,667
- How many people did you have?
- There was about ten kids that came.
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And one of those children
was the defendant's daughter, who was 14?
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At the time, yes.
29
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Is that you?
- Yes.
30
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Could you stand up next to your mother?
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Tell me your first name.
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- Niyari.
- And,
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00:01:33,066 --> 00:01:34,734
did you come with one child
or more, Ms. Freeman?
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00:01:34,734 --> 00:01:36,367
- Two.
- Your daughter, and who else?
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00:01:36,367 --> 00:01:37,967
My 11-year-old son.
36
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And at some point in the party,
the kids went outside.
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00:01:40,800 --> 00:01:43,266
Yeah. So, it was inside of a party room
38
00:01:43,266 --> 00:01:45,400
and they were on the second floor
and they were able to go play
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00:01:45,400 --> 00:01:47,367
at the equipment
that's on the second floor.
40
00:01:47,367 --> 00:01:48,967
Do you have photographs of the equipment?
41
00:01:48,967 --> 00:01:52,600
I do on my phone. But I have a...
a picture of where...
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00:01:52,600 --> 00:01:55,033
the, um, her daughter was playing at.
43
00:01:55,033 --> 00:01:56,467
Let me see what you have.
44
00:02:03,867 --> 00:02:04,800
OK.
45
00:02:05,000 --> 00:02:06,033
Come up here.
46
00:02:07,633 --> 00:02:09,100
Is this where you were playing?
47
00:02:09,100 --> 00:02:11,433
Yeah.
On the grassy area?
48
00:02:11,433 --> 00:02:15,734
More like, uh, so, it was three of us,
we were all sitting right here.
49
00:02:16,100 --> 00:02:19,467
And I just so happened to be,
like, more inside of the planter.
50
00:02:19,467 --> 00:02:22,900
I just wanna know whether you were
in the planter or outside on this grass.
51
00:02:23,433 --> 00:02:25,600
- In here or out here?
- Both.
52
00:02:25,600 --> 00:02:26,834
- So you were both?
- Yeah.
53
00:02:26,834 --> 00:02:29,133
OK. Now, you can go back.
54
00:02:31,166 --> 00:02:34,367
OK. Just for my information,
what were you doing in the planter?
55
00:02:34,367 --> 00:02:36,800
{\an8}Well, more like I was like on top of it,
56
00:02:36,800 --> 00:02:39,367
{\an8}not necessarily in it.
I wasn't trying to be in it, but...
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00:02:39,367 --> 00:02:42,300
my friends were sitting down
and they were talking and...
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I didn't wanna sit,
so I was standing up on it.
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00:02:44,266 --> 00:02:47,333
Standing up on this is not my question.
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Were you in the plant
or where the plants were?
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00:02:49,867 --> 00:02:51,300
- Yes.
- Yes.
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00:02:51,300 --> 00:02:54,433
Well, you knew you weren't supposed to be
in the plant or where the plants were.
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I mean, you're an intelligent girl,
aren't you?
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00:02:57,166 --> 00:02:59,834
Yeah. So you knew
you weren't supposed to be in here.
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00:02:59,834 --> 00:03:00,934
- Yes.
- Yes.
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00:03:00,934 --> 00:03:02,767
Right. OK. That's all.
67
00:03:02,767 --> 00:03:05,467
Ditto. I mean, we're not talking
about a homicide here.
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00:03:05,467 --> 00:03:08,266
We're talking about being some place
you're not supposed to be.
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In the planter.
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00:03:09,467 --> 00:03:11,700
- So it was just the three of you outside.
- Yes.
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00:03:11,700 --> 00:03:13,967
The two kids who were sitting on the edge
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00:03:13,967 --> 00:03:16,200
of this planter, where you're supposed
to sit, and you,
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00:03:16,200 --> 00:03:18,867
{\an8}who were both on the edge
and inside the planter.
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00:03:18,867 --> 00:03:20,233
{\an8}- Yes.
- OK.
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00:03:20,233 --> 00:03:22,300
{\an8}Tell me what happened
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00:03:22,300 --> 00:03:25,967
with the head of the sprinkler system
while you were out there.
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00:03:25,967 --> 00:03:29,967
So what happened was, we were talking
and playing, and I was running around.
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00:03:29,967 --> 00:03:31,333
So I was going from the...
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00:03:31,333 --> 00:03:35,233
On top of it, trying to be tall,
running off the grass onto that steps,
80
00:03:35,233 --> 00:03:37,033
onto the planter, stuff like that.
81
00:03:37,033 --> 00:03:40,133
And somehow, I'm not really sure,
I don't really remember,
82
00:03:40,133 --> 00:03:43,400
but the green thing that was in it,
I don't remember what made me notice it,
83
00:03:43,400 --> 00:03:47,233
but I do remember that my foot
had made contact with it.
84
00:03:47,233 --> 00:03:50,734
And I started to notice it
and I was looking at it, and I was like,
85
00:03:50,734 --> 00:03:53,133
"Something's wrong here."
I'd seen the top
86
00:03:53,133 --> 00:03:55,533
to the green thing and I felt like...
87
00:03:55,533 --> 00:03:58,367
{\an8}that may have been me who moved it.
88
00:03:58,367 --> 00:04:00,133
{\an8}So I thought to put it back.
89
00:04:00,133 --> 00:04:03,233
And I was trying to put it back,
it was being mad difficult,
90
00:04:03,233 --> 00:04:06,300
so I started jumping on top of it
to make sure it stayed on top.
91
00:04:06,300 --> 00:04:07,700
OK, let's get back to you.
92
00:04:07,700 --> 00:04:10,467
At some point after this happened,
you were contacted
93
00:04:10,467 --> 00:04:12,533
by the landlord of your facility.
94
00:04:12,533 --> 00:04:15,834
Yes. But I didn't know
that she was outside doing that.
95
00:04:15,834 --> 00:04:17,867
I don't care.
She's just acknowledged that she did it.
96
00:04:17,867 --> 00:04:20,066
- Why would that bother you?
- It doesn't bother me.
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00:04:20,066 --> 00:04:21,767
Well, then it's not relevant.
98
00:04:21,767 --> 00:04:23,333
She acknowledged
that that's what happened.
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00:04:23,333 --> 00:04:25,066
She was in the wrong place.
100
00:04:25,066 --> 00:04:27,166
She... broke something.
Mm-hmm.
101
00:04:27,166 --> 00:04:29,200
According to her,
she tried to fix it
102
00:04:29,200 --> 00:04:30,300
by jumping on it.
103
00:04:30,300 --> 00:04:33,767
Clearly, the wrong thing to do. So,
if there was damage as a result of that,
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00:04:33,767 --> 00:04:36,934
there's no question she's responsible.
Since she's a minor,
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00:04:36,934 --> 00:04:40,533
her mother's responsible.
It's that simple.
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OK?
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00:04:42,433 --> 00:04:46,333
Do you have a video
of what happened that afternoon?
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00:04:46,333 --> 00:04:49,066
- Yes.
- OK. Can we see that, please?
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- This came from security camera?
- Yes.
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- OK. You were in the white shorts, right?
- Yes.
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00:04:59,400 --> 00:05:02,100
- What are you bending down to pick up?
- The top.
112
00:05:02,400 --> 00:05:04,066
You mean it's that heavy...
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00:05:04,066 --> 00:05:05,834
Shhh...
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00:05:07,200 --> 00:05:10,834
OK. I got it.
Well, you understand, Ms. Freeman,
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00:05:10,834 --> 00:05:13,867
if Ms. Simmons can establish
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that something that your daughter did,
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which she did on purpose,
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knowing she wasn't supposed to be there,
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your responsible for the damage she did
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as a result of...
that's probably a sprinkler head.
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- Do you understand that?
- Yes, ma'am.
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OK. Because you say in your answer
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{\an8}that you left for a period of time
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{\an8}and she didn't properly supervise
your daughter.
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00:05:37,767 --> 00:05:39,367
{\an8}- Yes, ma'am.
- Well, that's not true.
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'Cause your daughter's 14 years old,
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she's old enough
to be outside unsupervised.
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There were younger children out there
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who knew enough
not to jump around in the planter.
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00:05:47,867 --> 00:05:50,033
She was the only one
who jumped around the planter,
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- she was the oldest one out there.
- OK.
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00:05:52,266 --> 00:05:53,300
- Do you understand?
- Yeah.
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00:05:53,300 --> 00:05:56,734
She was supposed to supervise them.
If there was a six-year-old who did that,
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00:05:56,734 --> 00:06:01,300
and she's outside, you would let
a 14-year-old take care of a six-year-old.
135
00:06:01,300 --> 00:06:04,767
And she doesn't require her supervision.
136
00:06:05,367 --> 00:06:08,767
And when she had a problem that day,
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00:06:08,767 --> 00:06:12,600
and clearly it was a problem,
with somebody else's property,
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00:06:12,600 --> 00:06:14,467
when the two of you
were home that evening,
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00:06:14,467 --> 00:06:16,767
- did she tell you she had had a problem?
- No, ma'am.
140
00:06:16,767 --> 00:06:18,600
- She didn't tell you anything about it?
- No.
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00:06:18,600 --> 00:06:20,567
- That she broke something?
- No, ma'am.
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00:06:20,567 --> 00:06:22,800
OK. When did she finally tell you
she broke something?
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00:06:22,800 --> 00:06:26,533
When Kara contacted me
that the apartments were contacting her,
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00:06:26,533 --> 00:06:30,533
then I asked her about it,
and she told me what she told you.
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00:06:31,300 --> 00:06:32,333
Great.
146
00:06:32,633 --> 00:06:34,834
Can I see the letter
from the complex, please?
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00:06:44,333 --> 00:06:47,300
{\an8}- Do you know how many children she has?
- She has three children.
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00:06:47,300 --> 00:06:52,767
{\an8}So she's dispossessed from her apartment.
That's four people who are homeless.
149
00:06:52,767 --> 00:06:54,900
{\an8}She's gonna lose this housing, unless...
150
00:06:54,900 --> 00:06:57,400
{\an8}she pays the damage
that your daughter caused.
151
00:06:57,400 --> 00:07:00,533
{\an8}That doesn't seem reasonable,
for her to lose her housing, does it?
152
00:07:00,533 --> 00:07:01,967
And later today...
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00:07:01,967 --> 00:07:05,100
{\an8}There's no question in my mind
that you left this mess
154
00:07:05,100 --> 00:07:08,367
{\an8}because she was quadrupling your rent.
155
00:07:08,367 --> 00:07:10,266
{\an8}But, you were annoyed...
156
00:07:10,266 --> 00:07:13,066
{\an8}you're still not allowed
to leave a place like this.
157
00:07:24,300 --> 00:07:28,600
Kara Simmons claims
her former friend, Jenia Freeman,
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00:07:28,600 --> 00:07:33,400
owes for water damage caused
by Jenia's 14-year-old daughter.
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00:07:33,400 --> 00:07:36,867
So, what this says...
160
00:07:37,533 --> 00:07:41,233
is that they looked at this video,
'cause they tried to determine
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00:07:41,233 --> 00:07:43,100
what caused the leak,
162
00:07:43,934 --> 00:07:47,533
in a "commercial business
operating in the building."
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00:07:47,533 --> 00:07:52,734
"The leak caused substantial damage.
$9,927,"
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00:07:52,734 --> 00:07:54,200
to be exact, as a result.
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00:07:54,200 --> 00:07:57,133
'Cause this was a water pipe,
and it was broken.
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00:07:57,133 --> 00:08:02,734
OK. And it tells her that
unless they get these $9,927,
167
00:08:02,734 --> 00:08:04,767
she's going to lose her housing.
168
00:08:04,767 --> 00:08:05,834
- Right?
- Yes.
169
00:08:05,834 --> 00:08:07,633
Your fault.
170
00:08:07,633 --> 00:08:09,133
What can I tell you?
171
00:08:10,233 --> 00:08:13,133
Don't let your mother answer,
I'm asking you. What's the issue?
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00:08:13,133 --> 00:08:17,700
You caused the damage.
Whether you accidentally hit
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00:08:17,700 --> 00:08:21,734
{\an8}that pipe initially,
you knew you shouldn't have been there.
174
00:08:21,734 --> 00:08:25,033
And it's clear
that whatever you were doing,
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00:08:25,033 --> 00:08:28,133
you were jumping with full force,
with both feet
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00:08:28,133 --> 00:08:29,567
on that pipe.
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00:08:29,567 --> 00:08:31,734
That's clear. You tried to pick it up.
178
00:08:32,166 --> 00:08:34,834
You leaned over at least twice
to try to pick it up.
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00:08:34,834 --> 00:08:36,967
And then put it down,
and then stomped on it.
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00:08:36,967 --> 00:08:39,266
Clearly, you weren't supposed to be there.
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00:08:39,266 --> 00:08:43,700
The landlord is holding her responsible
because, under the terms of her lease,
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00:08:43,700 --> 00:08:46,800
she's responsible for any damage
caused by not only
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00:08:46,800 --> 00:08:49,967
a member of her household,
but an invited guest.
184
00:08:49,967 --> 00:08:51,700
- Do you understand?
- Yes.
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00:08:51,700 --> 00:08:54,700
OK. So, sometimes,
if you're acting stupid,
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00:08:54,700 --> 00:08:57,967
nothing happens. Sometimes,
if you're acting stupid,
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00:08:57,967 --> 00:08:59,333
a lot of things happen.
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00:08:59,333 --> 00:09:01,100
Do you know how many children she has?
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00:09:01,100 --> 00:09:03,300
She has three children.
They all live at home?
190
00:09:03,300 --> 00:09:05,867
- They are with her, yes.
- Yeah. So,
191
00:09:05,867 --> 00:09:09,133
if she's dispossessed from her apartment,
192
00:09:09,133 --> 00:09:11,333
that's four people who are homeless.
193
00:09:11,333 --> 00:09:13,467
She's gonna lose this housing unless...
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00:09:13,467 --> 00:09:16,133
she pays the damage
that your daughter caused.
195
00:09:16,133 --> 00:09:17,700
That doesn't seem reasonable,
196
00:09:17,700 --> 00:09:20,333
- for her to lose her housing, does it?
- No, ma'am.
197
00:09:20,333 --> 00:09:22,633
Judgment for the plaintiff,
for the amount of 10 thousand dollars.
198
00:09:22,633 --> 00:09:23,867
We're finished. Thank you very much.
199
00:09:23,867 --> 00:09:25,200
This court is adjourned.
200
00:09:25,200 --> 00:09:28,166
{\an8}The truth is, is that you
don't host a party and you don't...
201
00:09:28,166 --> 00:09:30,467
{\an8}watch the children
that are on your property.
202
00:09:30,467 --> 00:09:33,934
{\an8}They're teenagers.
They're old enough to be outside alone.
203
00:09:33,934 --> 00:09:37,734
{\an8}All of those children were in the planter
at some point. But it's fine.
204
00:09:37,734 --> 00:09:39,800
{\an8}There were no other children
in the planter.
205
00:09:39,800 --> 00:09:42,300
{\an8}I would think that there should've been
something for like
206
00:09:42,300 --> 00:09:46,200
{\an8}flood, fire, or earthquake damage
in place, so... I don't know.
207
00:09:46,200 --> 00:09:50,066
{\an8}But she should take responsibility
for her daughter, that's...
208
00:09:50,066 --> 00:09:51,467
{\an8}not my responsibility.
209
00:09:52,333 --> 00:09:53,667
Relatively simple.
210
00:09:54,200 --> 00:09:56,700
You know? I think
that there is an age, Sarah,
211
00:09:56,700 --> 00:09:59,166
where, even under these circumstances,
212
00:09:59,166 --> 00:10:01,367
- a child can be out unsupervised.
- Mm-hmm.
213
00:10:01,367 --> 00:10:05,133
Certainly, the defendant's defense
and her...
214
00:10:05,734 --> 00:10:10,500
answer, said that her daughter was out
unsupervised because she left
215
00:10:10,500 --> 00:10:13,066
the party for something
for a short period of time.
216
00:10:13,066 --> 00:10:15,367
Well, there's no issue.
They're a 14-year-old.
217
00:10:15,367 --> 00:10:17,800
Doesn't need to be constantly supervised.
218
00:10:17,800 --> 00:10:19,900
You usually use
a 14-year-old to babysit...
219
00:10:19,900 --> 00:10:22,033
to supervise other young children.
...to supervise others.
220
00:10:22,033 --> 00:10:23,800
I do think it was an accident.
221
00:10:23,800 --> 00:10:26,667
I think that she knew she probably
wasn't supposed to be in the planter.
222
00:10:26,667 --> 00:10:28,200
But once we saw the video...
223
00:10:28,200 --> 00:10:30,867
It was playful. They were playing
a ball from up high,
224
00:10:30,867 --> 00:10:33,834
down low. I understood
the situation after we saw it.
225
00:10:33,834 --> 00:10:37,767
You also understood that the stomping
full force as a 14-year-old
226
00:10:37,767 --> 00:10:40,100
could do some real damage.
Especially inside a planter
227
00:10:40,100 --> 00:10:41,333
that's supposed to be...
228
00:10:41,333 --> 00:10:43,533
- A planter... area...
- ...a delicate, untouched area.
229
00:10:43,533 --> 00:10:47,266
So I understood, I think
the defendants were in a tough position.
230
00:10:47,266 --> 00:10:48,500
They knew it was their fault.
231
00:10:48,500 --> 00:10:51,066
I appreciated
that they took responsibility.
232
00:10:51,066 --> 00:10:53,066
- Well, sort of. The daughter did.
- For... did...
233
00:10:53,066 --> 00:10:55,000
The daughter did.
I'm not so sure about the mother, but...
234
00:10:55,000 --> 00:10:58,166
I think the mother saw the big price tag
attached to the responsibility
235
00:10:58,166 --> 00:11:00,333
- and maybe tried to backtrack a little.
- Right. Right.
236
00:11:00,333 --> 00:11:02,467
But, yeah. I mean, accidents...
accidents happen.
237
00:11:02,467 --> 00:11:04,233
But there are big consequences
238
00:11:04,233 --> 00:11:05,467
- for... I...
- She learned that lesson,
239
00:11:05,467 --> 00:11:07,667
- this young woman today.
- I hope that they did.
240
00:11:07,667 --> 00:11:10,266
Case 2185, Francis versus Morris.
241
00:11:10,266 --> 00:11:11,767
All parties please step forward.
242
00:11:11,767 --> 00:11:16,467
Danielle and Michael Francis
are suing their former tenant,
243
00:11:16,467 --> 00:11:20,600
{\an8}Anthony Morris, for property damage
and loss of income.
244
00:11:20,600 --> 00:11:22,333
- Ms. Francis?
- Yes, ma'am.
245
00:11:22,333 --> 00:11:24,300
- Who is this?
- This is my husband.
246
00:11:24,300 --> 00:11:27,467
Well, this has to do
with the ownership of a home.
247
00:11:27,467 --> 00:11:30,567
Do you both own the home or just,
did you inherit the home?
248
00:11:30,567 --> 00:11:32,367
It doesn't have to do
with ownership of the home,
249
00:11:32,367 --> 00:11:34,500
it's a case about property damage.
250
00:11:34,500 --> 00:11:36,133
- I understand that.
- Yes, ma'am.
251
00:11:36,133 --> 00:11:37,600
{\an8}- But somebody owns the home.
- I do.
252
00:11:37,600 --> 00:11:39,600
{\an8}- Who owns the home, is the question.
- I do.
253
00:11:40,000 --> 00:11:41,600
- Not your husband.
- Correct.
254
00:11:41,600 --> 00:11:42,867
Have a seat.
255
00:11:43,633 --> 00:11:45,100
Let's not confuse it.
256
00:11:45,500 --> 00:11:46,767
Ms. Francis...
257
00:11:46,767 --> 00:11:48,734
- ...you had a brother.
- Yes, ma'am.
258
00:11:48,734 --> 00:11:51,000
- Whose name was?
- Julius.
259
00:11:51,000 --> 00:11:53,533
- How old was he?
- My brother was 38.
260
00:11:53,533 --> 00:11:55,900
- And your brother owned the home.
- Yes.
261
00:11:55,900 --> 00:11:57,967
How long did your brother own this home?
262
00:11:57,967 --> 00:12:01,567
He just purchased the home in 2017.
263
00:12:01,567 --> 00:12:03,133
Do you know how much he paid for it?
264
00:12:03,133 --> 00:12:05,400
'Bout $123,000.
265
00:12:05,400 --> 00:12:07,934
- Was there a mortgage on the house?
- Yes, ma'am.
266
00:12:08,300 --> 00:12:09,934
How much is left on the mortgage?
267
00:12:09,934 --> 00:12:11,433
Hundred and ten thousand now.
268
00:12:11,433 --> 00:12:13,100
Do you know how much it's worth?
269
00:12:13,100 --> 00:12:14,200
- Yes, ma'am.
- How much?
270
00:12:14,200 --> 00:12:16,333
It's worth 213,000 now.
271
00:12:16,333 --> 00:12:18,266
- So almost double.
- Yes, ma'am.
272
00:12:18,266 --> 00:12:20,900
Now,
your brother passed away when?
273
00:12:20,900 --> 00:12:23,300
June of 2020.
274
00:12:23,867 --> 00:12:26,233
- From what?
- Uh, pancreatic cancer.
275
00:12:26,233 --> 00:12:28,133
So it was relatively fast.
276
00:12:28,133 --> 00:12:33,133
{\an8}Yes, it was. He was
actually diagnosed in, uh... 2019.
277
00:12:33,133 --> 00:12:36,567
So in early 2019 I became his caregiver.
278
00:12:36,567 --> 00:12:41,800
Taking him back and forth to the doctor
and chemo visits, as well as my husband.
279
00:12:41,800 --> 00:12:43,266
OK. Now,
280
00:12:43,266 --> 00:12:44,600
{\an8}- Mr. Morris.
- Yes, ma'am.
281
00:12:44,600 --> 00:12:47,800
{\an8}You had been a roommate of Julius.
282
00:12:47,800 --> 00:12:49,533
- That is correct.
- For how long?
283
00:12:49,533 --> 00:12:51,734
I moved into the house on...
284
00:12:52,133 --> 00:12:55,800
October 19, 2019.
285
00:12:55,800 --> 00:12:58,333
- And you paid rent?
- Yes, ma'am.
286
00:12:58,734 --> 00:13:01,467
Now, when Julius got sick,
according to what I read,
287
00:13:01,467 --> 00:13:03,567
you never moved
into the house with Julius,
288
00:13:03,567 --> 00:13:05,500
you just took him
to where he needed to be.
289
00:13:05,500 --> 00:13:07,900
Is that correct?
You lived with your husband?
290
00:13:07,900 --> 00:13:10,033
- Yes, ma'am.
- You lived with your husband,
291
00:13:10,033 --> 00:13:14,166
and you came as needed to take
your brother to medical appointments, etc.
292
00:13:14,166 --> 00:13:16,266
- You lived in the house with him.
- Correct.
293
00:13:16,266 --> 00:13:18,467
- Is that correct?
- Partially.
294
00:13:18,467 --> 00:13:20,433
What's not partially?
295
00:13:20,433 --> 00:13:23,900
At the end of my brother's illness
I moved in with him, because...
296
00:13:23,900 --> 00:13:26,967
- How much before?
- Um, I would say...
297
00:13:26,967 --> 00:13:28,600
March of 2020.
298
00:13:28,600 --> 00:13:30,000
So for a couple of months
299
00:13:30,000 --> 00:13:33,033
towards the end, you moved in.
But, during the course of the year,
300
00:13:33,033 --> 00:13:34,200
you lived with your husband,
301
00:13:34,200 --> 00:13:36,166
- and you lived in the house with Julius.
- Yes, ma'am.
302
00:13:36,166 --> 00:13:38,233
And, when you were living
in the house with Julius,
303
00:13:38,233 --> 00:13:40,633
{\an8}did you give any assistance to him?
304
00:13:40,633 --> 00:13:42,200
{\an8}- In any way?
- Uh, yes, ma'am.
305
00:13:42,200 --> 00:13:43,967
{\an8}I took him to the hospital
306
00:13:43,967 --> 00:13:48,000
several times. I cooked for him,
and I pretty much did the chores
307
00:13:48,000 --> 00:13:49,266
and ran errands for him.
308
00:13:49,266 --> 00:13:51,900
Did you know him
before you moved into the house?
309
00:13:51,900 --> 00:13:52,934
I did not.
310
00:13:54,066 --> 00:13:55,867
After Julius passed away,
311
00:13:55,867 --> 00:13:58,266
- you inherited the house.
- Yes, ma'am.
312
00:13:58,266 --> 00:14:00,200
- Did he have a will?
- Yes, ma'am.
313
00:14:00,200 --> 00:14:02,066
And the will specifically
gave you the house?
314
00:14:02,066 --> 00:14:04,900
- Yes, ma'am.
- And you and the defendant
315
00:14:04,900 --> 00:14:07,500
determined that he would remain a tenant
316
00:14:07,500 --> 00:14:09,700
in June of 2020, is that correct?
317
00:14:09,700 --> 00:14:11,100
That's correct. Yes, ma'am.
318
00:14:11,100 --> 00:14:13,633
There came a time
when you moved out, Mr. Morris.
319
00:14:13,633 --> 00:14:14,700
Yes, that's correct.
320
00:14:14,700 --> 00:14:17,333
And, what month and year did you move out?
321
00:14:17,333 --> 00:14:20,200
June... 1st, I believe, uh,
322
00:14:20,200 --> 00:14:22,767
20... 22. Correct. 22.
323
00:14:22,767 --> 00:14:24,800
And what was the reason
that you moved out?
324
00:14:24,800 --> 00:14:28,166
{\an8}I moved out because the rent
had gone up for a second time.
325
00:14:28,166 --> 00:14:31,000
What was it when you were living
with Julius?
326
00:14:31,000 --> 00:14:32,200
Six hundred and fifty dollars.
327
00:14:32,200 --> 00:14:34,767
And then, when Ms. Francis
inherited the house,
328
00:14:34,767 --> 00:14:37,133
- did she modify the rent?
- She did.
329
00:14:37,133 --> 00:14:38,100
In what month?
330
00:14:38,100 --> 00:14:41,100
I'm not specifically, uh,
I can't answer that question.
331
00:14:41,100 --> 00:14:43,133
What did she raise the rent to?
332
00:14:43,133 --> 00:14:45,800
Approximately... $1,200.
333
00:14:45,800 --> 00:14:48,367
- Was that the first increase?
- That was. Correct.
334
00:14:48,367 --> 00:14:50,767
How long did that increase stay in place?
335
00:14:50,767 --> 00:14:53,300
That had to be for a year,
that was the term of that lease.
336
00:14:53,300 --> 00:14:55,200
And what happened after the year?
337
00:14:55,200 --> 00:14:57,300
- She raised the rent again.
- To what?
338
00:14:57,300 --> 00:15:00,600
Well, that's when I...
didn't accept that lease, uh...
339
00:15:00,600 --> 00:15:03,266
What did she ask?
- 1,575.
340
00:15:03,266 --> 00:15:05,800
- She wanted 1,575?
- Yes, ma'am.
341
00:15:05,800 --> 00:15:08,100
And you determined that that
was too much rent for you.
342
00:15:08,100 --> 00:15:09,433
- I did.
- So,
343
00:15:09,433 --> 00:15:11,667
- you gave notice you were leaving.
- I did.
344
00:15:14,600 --> 00:15:16,834
{\an8}She's gonna show me what she considers
345
00:15:16,834 --> 00:15:19,533
{\an8}$5,000 worth of damage
to the house.
346
00:15:19,533 --> 00:15:21,300
{\an8}- I wanna see it.
- Yes, ma'am.
347
00:15:21,300 --> 00:15:26,033
{\an8}Now I want you to show me
what damage you are ascribing to him
348
00:15:26,033 --> 00:15:27,867
{\an8}- from the house.
- OK.
349
00:15:27,867 --> 00:15:30,000
{\an8}- I have the pictures here, your Honor.
- Okey-dokey.
350
00:15:41,333 --> 00:15:43,600
Danielle and Michael Francis
351
00:15:43,600 --> 00:15:46,400
{\an8}claim their former tenant, Anthony Morris,
352
00:15:46,834 --> 00:15:49,834
damaged their property
while renting from them.
353
00:15:49,834 --> 00:15:51,667
When did you give notice you were leaving?
354
00:15:51,667 --> 00:15:54,233
Thirty days before June 1st.
355
00:15:54,233 --> 00:15:56,133
OK. And when was the lease up?
356
00:15:56,133 --> 00:15:58,133
June 1st, it would expire.
357
00:15:58,133 --> 00:16:01,433
Now, after your brother passed away
and you inherited the house
358
00:16:01,433 --> 00:16:04,834
did you maintain the same rent
that he was paying to your brother?
359
00:16:04,834 --> 00:16:05,934
- No, ma'am.
- Cause they... OK.
360
00:16:05,934 --> 00:16:09,000
{\an8}So, when did you raise his rent
and to what amount?
361
00:16:09,000 --> 00:16:10,867
{\an8}I raised the rent in November...
362
00:16:10,867 --> 00:16:13,734
- OK.
- ...of 2021.
363
00:16:13,734 --> 00:16:15,734
- To what?
- To 1,495.
364
00:16:15,734 --> 00:16:17,600
That was the first time
your raised his rent.
365
00:16:17,600 --> 00:16:19,233
- Yes, ma'am.
- OK.
366
00:16:19,233 --> 00:16:22,233
And you knew what his rent was
when he was living with your brother.
367
00:16:22,233 --> 00:16:23,300
Correct.
368
00:16:23,300 --> 00:16:26,600
And how much was his rent
when he was living with your brother?
369
00:16:26,600 --> 00:16:29,367
- It was 625.
- So, in fact,
370
00:16:29,367 --> 00:16:32,700
you increased his rent a little over 200%.
371
00:16:32,700 --> 00:16:36,500
Yes, ma'am, your Honor.
Can I explain the reason to that?
372
00:16:36,500 --> 00:16:39,834
- No. It's irrelevant what the reason was.
- OK.
373
00:16:39,834 --> 00:16:45,166
He was paying rent of six and a quarter,
you raised it to fifteen hundred.
374
00:16:45,166 --> 00:16:48,734
Now, at the end of that term,
were you going to raise his rent again?
375
00:16:48,734 --> 00:16:50,233
- Yes, ma'am.
- Yes. To what?
376
00:16:50,233 --> 00:16:53,734
{\an8}It was gonna be
a 80 dollar increase, to 1,575.
377
00:16:53,734 --> 00:16:57,834
{\an8}Now, during that two-month period
that you lived in the house,
378
00:16:57,834 --> 00:17:03,000
you had no issue with regard to the way
Mr. Morris maintained the house,
379
00:17:03,000 --> 00:17:05,467
while you were living there
with your brother.
380
00:17:05,467 --> 00:17:09,934
And that fact is buttressed by the fact
that you maintained him as a tenant.
381
00:17:09,934 --> 00:17:11,033
- Right?
- Correct.
382
00:17:11,033 --> 00:17:14,967
OK. So you saw the way
that he maintained the house,
383
00:17:14,967 --> 00:17:17,533
and having seen that,
you continued him as a tenant.
384
00:17:17,533 --> 00:17:18,467
Correct.
385
00:17:18,467 --> 00:17:21,700
And you raised his rent substantially,
and he paid that rent.
386
00:17:21,700 --> 00:17:22,633
Correct.
387
00:17:22,633 --> 00:17:28,166
And he paid that rent sufficiently so that
you were prepared to re-rent him
388
00:17:28,567 --> 00:17:31,166
the house, but you just wanted
a little more money.
389
00:17:31,166 --> 00:17:32,500
- Correct.
- Correct.
390
00:17:32,500 --> 00:17:35,133
Now, now he moves out on June 1st
391
00:17:35,133 --> 00:17:36,734
- of this year.
- Mm-hmm.
392
00:17:36,734 --> 00:17:40,066
And now you say that he caused
393
00:17:40,066 --> 00:17:43,367
almost $5,000 worth of damage.
394
00:17:43,367 --> 00:17:45,734
And, because he had damaged,
395
00:17:45,734 --> 00:17:48,467
you lost income,
'cause you couldn't rerent the house.
396
00:17:48,467 --> 00:17:50,834
- Correct.
- He... you moved out in...
397
00:17:50,834 --> 00:17:53,200
- June of 2020?
- Yes, ma'am.
398
00:17:53,200 --> 00:17:55,500
You have a new tenant in the house.
399
00:17:55,500 --> 00:17:56,767
Yes, ma'am. I do now.
400
00:17:56,767 --> 00:17:58,900
And how much rent is she paying?
401
00:17:58,900 --> 00:18:02,100
She is paying 2,200 a month.
402
00:18:02,100 --> 00:18:04,300
And when did her lease start?
403
00:18:04,300 --> 00:18:06,100
Her lease started in September.
404
00:18:06,100 --> 00:18:10,233
So, uh, your premises was not rented
405
00:18:10,233 --> 00:18:11,700
- for two months.
- Correct.
406
00:18:11,700 --> 00:18:14,767
And when it was rented,
from the two-year period of time
407
00:18:14,767 --> 00:18:18,734
between your brother's death
and your re-renting the house,
408
00:18:18,734 --> 00:18:21,367
the rent went from six and a quarter
409
00:18:21,367 --> 00:18:23,433
- to 2,200.
- Yes, ma'am.
410
00:18:23,433 --> 00:18:25,567
Doesn't sound
like you're losing any money.
411
00:18:25,567 --> 00:18:26,967
- Well, there's a... OK.
- Just a second.
412
00:18:26,967 --> 00:18:29,600
Doesn't sound
like you're losing any money.
413
00:18:29,600 --> 00:18:32,300
So I'm not interested
in the loss of income that you had,
414
00:18:32,300 --> 00:18:33,700
you had no loss of income.
415
00:18:33,700 --> 00:18:36,967
Anybody who's leasing the house
can't rent from June 1st.
416
00:18:36,967 --> 00:18:39,433
House has to be painted,
normal wear and tear,
417
00:18:39,433 --> 00:18:42,800
you may have to redo carpeting.
That's the normal wear and tear.
418
00:18:42,800 --> 00:18:46,100
Had to be done, cause that's what you do
when you wanna get $2,200 rent
419
00:18:46,100 --> 00:18:47,467
from somebody for a house.
420
00:18:47,467 --> 00:18:49,567
You have to paint it up,
you have to freshen it up,
421
00:18:49,567 --> 00:18:51,467
you have to do all of those things.
422
00:18:51,467 --> 00:18:54,600
So what I want to see from you
are photographs
423
00:18:54,600 --> 00:18:57,834
{\an8}of what... other than cleaning
out the house,
424
00:18:57,834 --> 00:19:01,066
{\an8}which Mr. Morris acknowledges,
425
00:19:01,066 --> 00:19:03,800
for whatever reason,
there was stuff left in the house.
426
00:19:03,800 --> 00:19:05,200
- Correct, sir?
- Yes, ma'am.
427
00:19:05,200 --> 00:19:07,266
- That belonged to you.
- Yes, ma'am.
428
00:19:07,266 --> 00:19:10,133
- And that you didn't clean out.
- I did not.
429
00:19:10,133 --> 00:19:12,467
Now, you left on June 1st.
430
00:19:12,467 --> 00:19:15,500
And I'm telling her
that she's gonna show me
431
00:19:15,500 --> 00:19:19,633
what she considers $5,000
worth of damage to the house.
432
00:19:19,633 --> 00:19:21,133
- I wanna see it.
- Yes, ma'am.
433
00:19:21,133 --> 00:19:24,033
You agree that you left
some stuff in the house.
434
00:19:24,033 --> 00:19:27,800
She probably has a bill
for cleaning out some of that stuff
435
00:19:27,800 --> 00:19:29,500
that she's entitled to.
436
00:19:29,500 --> 00:19:35,333
Now I want you to show me what damage
you are describing to him from the house.
437
00:19:35,333 --> 00:19:36,266
OK.
438
00:19:36,266 --> 00:19:38,133
- I have the pictures here, your Honor.
- Okey-dokey.
439
00:19:40,400 --> 00:19:43,033
Um, also, can I present an evidence?
440
00:19:43,033 --> 00:19:48,200
What the room that the defendant
rented out, what it looked like
441
00:19:48,200 --> 00:19:49,900
prior to the damages?
442
00:19:49,900 --> 00:19:52,967
No. I don't see any damages, I see mess.
443
00:19:52,967 --> 00:19:54,700
There's pictures in there, your Honor.
444
00:19:54,700 --> 00:19:56,200
- I'm looking.
- Just, uh...
445
00:19:56,200 --> 00:19:58,767
The carpet was damaged very badly.
446
00:19:58,767 --> 00:20:01,867
He messed up my mattress
in my second bedroom.
447
00:20:01,867 --> 00:20:04,967
The doors was damaged.
He actually changed the lock
448
00:20:04,967 --> 00:20:08,133
on the second bedroom door
and the master room bedroom door
449
00:20:08,133 --> 00:20:10,266
- without my... uh...
- Do you see all this stuff?
450
00:20:10,266 --> 00:20:11,233
- Shhh... Just a second.
- Yes, ma'am.
451
00:20:11,233 --> 00:20:12,867
- This is all your junk, right?
- Yes, ma'am.
452
00:20:12,867 --> 00:20:16,166
OK. So you should have a substantial bill
453
00:20:16,166 --> 00:20:18,600
- for cleaning and getting rid of this.
- Yes.
454
00:20:18,600 --> 00:20:19,867
I'd like to see it.
455
00:20:23,133 --> 00:20:24,166
Here you go.
456
00:20:30,467 --> 00:20:33,367
So you paid $760.
457
00:20:33,367 --> 00:20:36,100
to clean out the house,
make it move-in clean.
458
00:20:36,633 --> 00:20:38,867
- Yes, ma'am.
- That's what you're entitled to,
459
00:20:38,867 --> 00:20:40,166
Ms. Francis.
460
00:20:40,166 --> 00:20:42,533
Seven hundred and sixty dollars.
You can't leave a place like that.
461
00:20:42,533 --> 00:20:45,633
Also, your Honor, um,
I had other damages as well.
462
00:20:45,633 --> 00:20:48,300
- My microwave was broken.
- I don't know who broke that.
463
00:20:48,300 --> 00:20:51,367
- And you don't know. I don't. Who knows.
- It was working when he was there.
464
00:20:51,367 --> 00:20:53,333
{\an8}May have been working,
may have been not working.
465
00:20:53,333 --> 00:20:56,567
{\an8}Everything was in top-notch condition.
From appliances,
466
00:20:56,567 --> 00:20:59,734
to flooring, when Mr. Morris
was at the house.
467
00:20:59,734 --> 00:21:01,500
So he broke my microwave.
468
00:21:01,500 --> 00:21:02,934
- Fix it.
- I have fixed it
469
00:21:02,934 --> 00:21:05,400
and I'm asking for the cost
of a replacement for a new one.
470
00:21:05,400 --> 00:21:07,000
- No, way.
- Why not?
471
00:21:07,000 --> 00:21:12,367
Because I'm not convinced, madam,
that somebody who, according to you,
472
00:21:12,834 --> 00:21:16,633
helped you with your brother,
was there and supportive,
473
00:21:16,633 --> 00:21:18,667
for the last year of his life...
474
00:21:18,667 --> 00:21:20,767
He certainly left a mess.
475
00:21:20,767 --> 00:21:23,467
{\an8}- Which you're not supposed to do, sir.
- I understand.
476
00:21:23,467 --> 00:21:25,033
{\an8}You're not supposed to leave a mess.
477
00:21:25,033 --> 00:21:26,967
{\an8}- And this is clearly a mess. And...
- Mm-hmm.
478
00:21:26,967 --> 00:21:30,066
...there's no question in my mind
that you left this mess
479
00:21:30,066 --> 00:21:33,700
because she was quadrupling your rent.
480
00:21:33,700 --> 00:21:35,700
But to her, this is a business.
481
00:21:35,700 --> 00:21:37,700
And she's not living there
with her husband,
482
00:21:37,700 --> 00:21:40,600
this has now become a business investment.
483
00:21:40,600 --> 00:21:41,967
Yeah.
Her investment
484
00:21:41,967 --> 00:21:45,133
increased in value.
It was really Julius' investment,
485
00:21:45,133 --> 00:21:47,233
but it increased in real estate value.
486
00:21:47,233 --> 00:21:50,700
And instead of seeing $600 a month,
which probably doesn't cover
487
00:21:50,700 --> 00:21:54,000
the taxes and mortgage,
she now has a profit.
488
00:21:54,000 --> 00:21:57,533
Because she's now getting
$2,200 a month from somebody
489
00:21:57,533 --> 00:21:59,767
and that covers, of course, her mortgage
490
00:21:59,767 --> 00:22:01,734
and whatever taxes they are.
491
00:22:01,734 --> 00:22:03,033
You were annoyed.
492
00:22:03,367 --> 00:22:05,834
You're still not allowed
to leave a place like this.
493
00:22:06,400 --> 00:22:08,633
Seven hundred and sixty dollars.
Judgment for the plaintiff.
494
00:22:08,633 --> 00:22:10,500
- We're done.
- This court is adjourned.
495
00:22:10,500 --> 00:22:13,200
{\an8}It's kinda upsetting,
because the defendant really
496
00:22:13,200 --> 00:22:15,800
{\an8}trashed my brother's house, given that...
497
00:22:16,100 --> 00:22:17,900
{\an8}uh, we considered him like family.
498
00:22:17,900 --> 00:22:22,266
{\an8}I was like family with him, I took care
of the brother for a long period of time.
499
00:22:22,266 --> 00:22:23,767
{\an8}I wouldn't have left the house like that.
500
00:22:23,767 --> 00:22:27,333
{\an8}And for him to turn around and do this,
and cause all those damages
501
00:22:27,333 --> 00:22:30,400
{\an8}and then get off scot-free...
is... is heartbreaking.
502
00:22:30,400 --> 00:22:32,600
{\an8}Number one, there were no damages.
503
00:22:32,600 --> 00:22:33,900
{\an8}You know what? Um...
504
00:22:33,900 --> 00:22:36,967
{\an8}Nothing good ever comes
to someone who does people like this.
505
00:22:36,967 --> 00:22:40,266
{\an8}Money does change people,
and so, you have to be careful.
506
00:22:40,266 --> 00:22:41,967
{\an8}Be careful who you rent to.
507
00:22:42,600 --> 00:22:45,567
So I just did some research on the home
while we were out there,
508
00:22:45,567 --> 00:22:47,667
and I found some
interesting information
509
00:22:47,667 --> 00:22:50,066
just based on some of
the plaintiff's claims.
510
00:22:50,066 --> 00:22:53,533
So I did find that the house
was sold to the brother in 2017
511
00:22:53,533 --> 00:22:55,533
for 123,000.
512
00:22:55,533 --> 00:23:00,500
But the plaintiff listed the home
for rent for the first time
513
00:23:00,500 --> 00:23:03,533
July 22nd for $2,300.
514
00:23:03,533 --> 00:23:05,400
Listed for rent,
when she became the owner.
515
00:23:05,400 --> 00:23:06,834
And he moved out in June.
516
00:23:06,834 --> 00:23:07,767
- Beginning of June.
- In June.
517
00:23:07,767 --> 00:23:10,633
So her claim for lost income
doesn't really make sense
518
00:23:10,633 --> 00:23:12,667
because she had it listed,
on Zillow, at least.
519
00:23:12,667 --> 00:23:15,467
I'm not sure. It could've been listed
before then, that's just when Zillow
520
00:23:15,467 --> 00:23:16,667
- picked up on it. I'm not sure...
- Picked it up.
521
00:23:16,667 --> 00:23:18,266
...how their algorithms work, but...
522
00:23:18,266 --> 00:23:20,667
She was unable to get the 2,300,
523
00:23:20,667 --> 00:23:23,934
presumably, because
she reduced it to 2,200 dollars
524
00:23:23,934 --> 00:23:26,066
in August of 2022.
525
00:23:26,066 --> 00:23:30,233
And then it was removed later in August
at that 2,200 dollar mark.
526
00:23:30,233 --> 00:23:32,066
- Presumably, whoever, the new tenant...
- Who currently...
527
00:23:32,066 --> 00:23:33,467
...that she now has.
528
00:23:33,467 --> 00:23:35,533
- So she had no real lost income.
- Exactly.
529
00:23:35,533 --> 00:23:39,667
She had the month of maybe July, but,
if you have a tenant moving out June 1st,
530
00:23:39,667 --> 00:23:42,166
you give yourself two-weeks notice
as a landlord anyway
531
00:23:42,166 --> 00:23:44,200
to make the necessary painting...
532
00:23:44,200 --> 00:23:46,367
- Sometimes it takes a little bit...
- Exactly,
533
00:23:46,367 --> 00:23:49,600
and you don't find the tenant right away.
So, based on that, I...
534
00:23:49,600 --> 00:23:51,200
wouldn't have given her any lost...
535
00:23:51,200 --> 00:23:52,567
- Any lost income.
- ...income.
536
00:23:52,567 --> 00:23:54,500
From the pro... He left the house a mess.
537
00:23:54,500 --> 00:23:56,533
He did. He left boxes, he acknowledged it.
538
00:23:56,533 --> 00:23:58,734
He left the place a mess.
He left food in the refrigerator.
539
00:23:58,734 --> 00:24:00,633
And there's no way in one day
540
00:24:00,633 --> 00:24:02,800
- which he says he was gonna...
- He was gonna move all that himself.
541
00:24:02,800 --> 00:24:04,767
move all that stuff out. He was annoyed.
542
00:24:04,767 --> 00:24:06,367
Then you can't leave stuff...
543
00:24:06,367 --> 00:24:07,300
- True.
- ...that way.
544
00:24:07,300 --> 00:24:09,300
- So she got her clean-up bill.
- Yeah.
545
00:24:09,300 --> 00:24:10,667
- All she was entitled to.
- Fair.
546
00:24:12,266 --> 00:24:16,000
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