She purchased a car in your name.
Yes, ma'am.
You acknowledge that this was a loan.
So, why didn't you pay her?
Um…
I didn't know any, like…
I'm really nervous.
Part of it is nervousness and part of it is you have no defense.
[narrator] This is Judy Justice.
[theme music playing]
[narrator] April Johnson is suing her former nanny
Katelyn Hemingway for breach of contract and emotional distress.
[Kevin] Court, come to order. All rise.
Have a seat, please.
Judge, case 4076, Johnson versus Hemingway.
-Thank you. -You're welcome.
[Judy] I'm gonna start with you, Miss Hemingway.
-You were hired as a nanny… -Yes, ma'am.
-for the plaintiff and her six children. -Yes, ma'am.
And they're young children. You were hired in what month and year?
-April of 2024. -That's not correct.
[Judy] Where had you worked before?
[Katelyn] I was a nanny for a different family.
And when did you work for them?
About a year prior to working for Miss April.
[Judy] So, you were without a job for a year?
No, I worked for them for an entire year before--
One year. And what happened to that job?
They no longer needed me and they were planning on moving away.
[Judy] Where did you work before that?
I was a behavioral analyst
for a company that works with Autistic children.
-How old are you? -I'm 21 now.
[Judy] And you started to work for them April of 2024.
I believe.
It was January of 2024. I interviewed her in December of 2023.
-[Judy] Does that sound better? -Yes.
[Judy] And at some point, a couple of months later,
sometime, probably in April, the plaintiff purchased a car in your name
because you did not have a reliable mode of transportation
and you were taking the kids back and forth.
Yes, ma'am.
And when that car was purchased, were you with the plaintiff?
No, ma'am.
So, she purchased a car and came back and said, "This is the car?"
Or did you discuss with her the car?
We discussed the car.
[Judy] Okay. And tell me what the discussion was.
She discussed that she would give me a loan.
[Judy] Okay. She discussed with you making a loan to you
for the purchase price of the car.
Did she actually do that, and was the car purchased?
-Yes, ma'am. -How much was the car?
Nine thousand, one hundred and fifty-seven dollars.
[Judy] Okay. And the plaintiff paid for that car?
-[Katelyn] Yes, ma'am. -[Judy] You were making payments to her.
Yes, ma'am.
And how much did you pay off?
[Katelyn] Three thousand, seven hundred and sixty-seven dollars.
-I have the amount, ma'am, if you'd like. -[Judy] I would.
She paid $2,524.35.
-[Katelyn] That is incorrect. -What's incorrect?
I paid $3,761 towards the car.
[Judy] Where does the discrepancy come from?
Before I quit, I was working for her for ten days straight.
They went to Hawaii. She did not pay me for those ten days.
So, what you're talking about is you only really paid her the $2,000--
I've never actually paid her in cash.
She's always deducted it from my paychecks.
Okay. Miss Johnson, now do you know where she's getting that figure from of $3,000--
I don't know where she's getting the figure from.
I do have a spreadsheet.
[Judy] She says with the times she worked,
she paid off $3,700.
That's incorrect.
-[Judy] How much did she pay off? -$2,635.
Twenty-six hundred dollars? And there is $1,000 difference.
And you say, the $1,000 difference comes from ten days
-that she didn't pay you for? -Yes, ma'am.
-[Judy] Which ten days didn't she pay you?
Okay. So, from July 27th to August 6th.
You were away until August 6th?
Yes, we were gone from 7/28 to 8/6.
She worked 130 hours during that timeframe.
And she earned $2,275.
Was she paid for all that time?
No, ma'am, 'cause that money goes towards the car.
I'm asking you, all together, including those ten days,
she said she paid you a total of $3,700.
She is wrong, ma'am. She paid $2,524.35.
Let me see.
Okay. Well, my question to you, Miss Hemingway,
you acknowledge that this was a loan.
-Yes, ma'am. -[Judy] And you acknowledge
that minimally, you owe her $5,400?
-Yes, ma'am. -[Judy] So, why didn't you pay her?
[Katelyn] Because I was put in a position where I was forced to quit
because of the circumstances and the safety of me and this work style.
I never really had a schedule. I didn't know any, like…
I'm really nervous. I'm so sorry.
Part of it is nerves, Miss Hemingway, part of it is that you have no defense.
I have a defense. There was--
I read your defense. You left to go home.
You live in Texas or your family's in Texas?
I live in Utah.
[Judy] But you had to go back to take care of a family situation.
In what state was that?
-Texas. -[Judy] Texas. That's what I thought.
I read your papers. And while you were there, the plaintiff told you
there was going to be someone else moving into the house,
a cousin or nephew or somebody.
And they were also going to be in a room in the basement of the house
where you had your room.
And you felt very uncomfortable, you didn't know who this person was.
And you felt uncomfortable that there was gonna be a man in the basement with you.
And you voiced that to the plaintiff,
and the plaintiff said, that's too bad, he's my nephew, or whatever, cousin.
And it was at that point that you quit.
No, that's not the point.
That's what you say in your answer.
That's one of the biggest reasons I quit.
[Judy] That's what it says in your answer.
What's the other reason that you quit?
Her dogs attacked me and left me marks.
I didn't-- I'm sorry, I'm just really nervous. I can't talk.
I'm just curious, because you don't say anything about the dogs here.
The only thing that you talked about was this man--
She told me-- She told me that this man does drugs.
-No, I didn't. -And he was…
and he has like tattoos and everything.
You can quit your job, Miss Hemingway, but that doesn't vacate the loan.
[Katelyn] I understand.
A year and a half ago, I got raped by a man.
And so, hearing April wanting
to move another person…
that wasn't already part of the agreement. I was told I would have my own space.
Just a second. I absolutely understood your answer,
and agree with you that it was probably in your interest,
emotionally, not to have to live in a basement apartment
next to a young man that you didn't know,
that even the plaintiff said had some trouble.
-Would that be a fair statement? -Yeah.
Did the person that you moved in had a history of a little trouble.
-Yes, ma'am. -[Judy] Okay.
But it's your relative, it's not hers. She's a kid, she's 20 years old.
She doesn't have to live next door to somebody. So, you can quit.
-Absolutely. -Yes, ma'am--
That doesn't mean you don't have to pay for the car.
-'Cause you have the car. -I understand.
Okay. Then, all we have is a difference in amount.
Okay? So, you're gonna go outside,
and you're going to figure out what the amount is.
It's either $5,000 or $6,000 that she owes.
Neither of them.
Okay. Outside with your spreadsheets. Somebody's gonna come and help you.
I'm not doing it. Math is not my strong suit.
Outside. We'll recall the case when you've come to a number.
-Thank you. -[dramatic music playing]
[narrator] And later today…
I don't know why you're mad at him.
You should be angry at the drunk driver who caused the accident.
So, what are you doing in court?
All of this stuff that you're talking about.
A desk that you would've liked to have had of hers.
Nonsense.
[theme music playing]
[narrator] April Johnson claims her former nanny
Katelyn Hemingway broke their agreement and caused emotional distress.
Have you come to an agreement with regard to how much is left on the loan?
-Yes, ma'am. -[Judy] And you?
-Yes, ma'am. -[Judy] How much is left on the loan?
Seven thousand, forty-one dollars and twenty-five cents.
[Judy] Acknowledged?
There have been many weeks that April has not paid me,
but I will go with her number for $7,040.21.
Okay, $7,041. Thank you very much. Judgment for the plaintiff.
[Kevin] This court is adjourned.
[theme music playing]
Because she claims I owed her a certain amount of money,
and I don't believe through the things that she has put me through
that I owe that money.
I was honestly shocked when she quit.
She brought a man into my space. I didn't feel was necessary.
So, I did not-- no longer want to work there.
I will have a new nanny on Monday.
I'm happy I'm outta there.
I understood the defendant's position in not wanting to stay in the basement,
with or without her history, you know, with a stranger, a male.
With a stranger who had a bad history.
Yeah, sure. So that's, obviously, a reason to quit and I understand that.
But that's, like you said in court, not a reason to not repay a loan.
I thought that was gonna turn out a little different, based on the papers.
I thought she was gonna claim gift.
I thought she was gonna claim, this was given to me.
But when she was in open court, she said, no, I know that it was a loan and I quit.
I think, in her mind, quitting equated-- Because she had a reason to quit,
she equated that with not having to repay on the loan.
A loan is a loan.
She acknowledged that it was a loan. She acknowledge it in text messages.
Case 4074, Bennahmias versus Morales.
All parties, please, come forward.
[narrator] Andrea Bennahmias is suing her daughter's former boyfriend,
Matthew Morales, for attorney fees and the return of property.
Miss Bennahmias, the defendant lived with your daughter.
Yes.
[Judy] He lived with your daughter for a couple of years?
No.
-[Judy] I'm looking at him. -Oh, I'm sorry.
[Judy] How long did you live--
We lived together about six to seven months.
I thought that you indicated in your answer
that it was a couple of years.
We were dating for approximately two and a half to three years,
but we lived together for about six to seven months.
Two months.
-[Judy] I don't want to hear you. -Okay. Sorry.
-[Judy] When did you start dating? -March of 2021.
And in what month did you move in together?
In March of 2023.
[Judy] Did you move into your apartment, her apartment,
or did you move into a joint apartment?
Uh, she moved into my apartment.
And how long have you lived in your apartment?
Um, I've probably been there about four years or so.
This is what the case is about.
Your daughter was tragically killed in an automobile accident.
Yes.
[Judy] Mr. Morales was not in the car… -No.
[Judy] …at the time that happened.
And it is your claim that he has certain property
-of your daughter's… -Yes.
[Judy] …that rightfully belongs to you.
Since I assume she died without a will.
Intestate. Yes, Your Honor.
I know what that means, madam. I'm a lawyer.
-She died without a will. -Correct.
[Judy] And you want your stuff.
Mr. Morales says that after she passed away,
you, who had moved cross-country a couple of years ago,
had designated someone whose name was Belinda?
-Bethany. -[Judy] Bethany.
To gather up your daughter's things that you wanted.
-And Bethany took them. -Correct.
You're suing him for, oh, $10,000 for value of return of property,
attorney's fees and damages for pain and suffering.
Okay. You know, sometimes, it's much easier to be angry than it is to be sad.
So, I have absolutely no idea what you're doing here.
I've been angry.
I have no idea what you're doing here.
But it looks as if there's a bag over there.
Would you tell me, Mr. Morales, what is in that bag?
There were a few items that I did end up finding.
Would you please give that to me, Kevin.
So, these are those said items. So, I brought them.
Okay.
Okay. And you brought these to give to her mother.
-Correct. -[Judy] Fine.
Would you give those to the plaintiff, please?
[Andrea] Thank you. Thank you.
[Judy] In what month and year was the accident, Mrs. Bennahmias?
She was killed on August 13th, 2023.
And now, we're a year and a half later, and what is it that you think
that Mr. Morales has that belonged to your daughter,
and that therefore, you should have?
I have a list. I lived with my daughter for 25 years.
-[Judy] I want to explain something. -I'm sorry.
I don't want to see a 15 page list.
A year and a half after, tell me what the big ticket items are
that you think that he has that belong to your daughter.
I just got three small bags back.
-And my daughter-- -[Judy] I don't care.
Okay, I don't understand the question. I'm so sorry.
If you say, my daughter had a Rolex watch…
[Andrea] Mm-hmm.
…and it wasn't in her property, that's a thing.
If you say my daughter had a set of white pearls,
and that wasn't in her property, that's a thing.
I don't want to hear about clothes, shoes, pocket books, cooking utensils, dishes.
I don't want to hear anything about that.
Do you understand? So now, look at your list,
and tell me what the first thing is, nothing that I've mentioned:
-clothes, shoes, underwear… -[Andrea] Okay.
-pocket books-- -[Andrea] Okay.
-A rose gold colored Apple-- -[Judy] Just a second.
-A rose gold colored Apple-- -[Andrea] Apple watch.
Which I have a picture of her wrist--
-[Judy] Just a second. An Apple watch. -Mm-hmm.
Do you have an Apple watch that belonged… what was her name?
Excuse me, Rachel. And no, I do not.
Um, I'm assuming that--
[Judy] You don't have it.
-No, I don't. -[Judy] Did you sell it?
-No. -No. He doesn't have it. What's next?
I'm so sorry, but right here, from his attorney to mine,
he says he has it. But he purchased it, so he believes it's his.
-He has it. -[Judy] Just a second.
Is that correct?
I did purchase it, but I do not have it.
I don't know if it was confiscated when she was in the accident
because she was wearing it. I'm not sure.
He doesn't have it. Next.
-Okay, but this-- -[Judy] Next!
Oh, my God.
[dramatic music playing]
She must've been happy with him if she moved with him.
You should be saying, thank you
for making the last few months of my daughter's life happy.
[theme music playing]
[narrator] Andrea Bennahmias claims her daughter's former boyfriend,
Matthew Morales, owes for attorney fees
and the return of property that belonged to her deceased daughter.
What's next on your list
that you say that he has that belongs to your daughter?
Again, I may be a little nervous and sad.
No, but I'm not explaining… What can I tell you?
I can't say that I only got three bags back from a 29-year-old.
[Judy] I don't care what you got back.
Then I don't understand the question.
-[Judy] Pay attention. -Okay.
I'm processing this…
-[Judy] You have to pay attention. -I am.
What did your daughter do for a living?
She sold at a swap-meet for two years. I--
-[Judy] No, just a second. -Okay.
What did she do for a living when she and Mr. Morales were together?
[Andrea] She worked as a cocktail waitress.
[Judy] She wasn't a high-income earner.
Am I getting that right, Mr. Morales?
-That is correct. -[Judy] Okay.
Now, we're talking about a year and a half later.
Was she working when she was living with you?
She was working with me when she was living with me.
[Judy] She was working when she was living with you, not working for you.
No, not for me. She was working when she was living with me.
We did actually move to Reno in July of 2023.
And that's when she got the job as a cocktail waitress.
I want you to tell me what else you think
Mr. Morales has that belongs to your daughter.
Her birth certificate--
-[Judy] Just a second. -Okay.
-[Judy] Do you have her birth certificate? -I do, yes.
Kevin, would you give her birth certificate to her mother?
Birth certificate's very easy, madam. All you have to do is
go to the county clerk's office and you can get another one. What's next?
-I appreciate-- -What's next?
Yes. Um, there was a desk of Rachel's
that he said he threw it away, it was damaged.
But I don't think he had the authority to dispose of things.
He wasn't an executor or anything, or a--
-[Judy] Let me ask you this question. -Yeah.
You don't doubt this desk that he threw away--
Yes. He stated he did.
You don't doubt that he threw it away because it was damaged.
What do you want him to do, pay for it?
Pay you the value for it? What do you want?
It's very sentimental. I would've liked to repair it.
-[Judy] Well, you can't have it. -Okay.
What else do you think that he has that belonged to your daughter
-I lived with my daughter for 25 years. -[Judy] Listen, madam--
She worked for 13 years and she had accumulated a lot.
She was just under 29-years-old.
I have no idea whether that's true or not.
And it is irrelevant to these proceedings.
Okay. So, what else does she have.
All I know is I got two bags of clothes from someone that was just shy of 29.
And I lived with her before I moved two years ago.
And she had half my garage filled with things, put it into a large storage unit.
And I never got access to the storage unit.
I don't know why you're mad at him. You should be angry at the drunk driver
-who caused the accident. -Oh, I am too.
[Judy] So, what are you doing in court if you said he stole $50,000 in cash
that she kept in a vault.
All of this stuff that you're talking about;
a desk that you would've liked to have had of hers.
-Okay. -[Judy] Nonsense. I don't understand why.
He didn't cause what happened to your daughter to happen.
-[Andrea] I understand. -[Judy] I don't know what you're here for.
May I answer the question you asked me?
[Judy] Sure. Other than what you've already told me,
that you lived with her for so many years,
that she had stuff in a storage unit, that you didn't have access to it.
That's all speculation.
-I asked you-- -And I'll answer, Your Honor.
What is it, a thing, that I can ask. You said birth certificate.
You got a birth certificate. Desk?
He actually disposed of an old desk that was damaged.
What do you mention it for? I don't know why.
You said, I would've liked to have it.
That means that you would like me to make a monetary judgment
against him for a desk. Well, I'm not prepared to do that.
So, let's move on.
Can I answer the question you asked?
[Judy] Sure.
To lose a child any way, it's indescribable.
Then, to have a short-term, six month relationship
retain 99.9% of your daughter's stuff.
This is all I have to touch to remember my daughter's life.
-That's-- I want to tell you something. -[Andrea] Yes.
That's more important than a desk.
I know it is.
Or an Apple watch you can go out to replace.
So, I want you to sort of think about it this way.
If your daughter dated the defendant for a couple of years,
and then, was happy enough with him to move with him.
Now, you weren't there, 'cause you moved cross-country.
You moved 2,000 miles away from your daughter.
Okay? She lived with him for a month, two months; it's irrelevant.
She must've been happy with him if she moved with him.
You should be saying thank you for making the last few months
of my daughter's life happy.
She was living with a guy who she clearly liked
because she moved with him. And instead of saying thank you,
you sue him for nonsense. Nonsense.
-It's not his fault that she's gone. -I know that.
You want something to touch of your daughter's, it would seem to me--
That's all I have.
Just a second. It seems to me that's a something.
And I would rather-- Put that down.
I would rather have that as a something,
which your daughter clearly curated herself.
Which means, she went, she saw this, she liked it.
It was a crystal, she collected them.
It's clearly more important than an Apple watch
that you can go into Apple and buy another one, or a desk.
So, you want something to touch of your daughter's, that's it.
And say thank you, for making the last couple of months
of my daughter's life, or couple of years, happy.
-Are we done here? Thank you. -[Matthew] I believe so.
-Thank you. -Thank you.
[Kevin] This court is adjourned.
[theme music playing]
Maybe it's their grieving process. Maybe this makes them feel better.
I don't know. But I think they're targeting the wrong person in this.
After just shy of 29 years of life,
this is all I have to remember my daughter.
Oh, I gave them back everything that I possibly had that was hers.
It's good that I get to move forward.
I really thought she'd be on my side.
I hope she finds closure.
It wasn't meant to be, but yes, I can move on.
And he can enjoy all my daughter's things going forward.
Anger is a much easier emotion to deal with than sadness.
Mm-hmm.
The plaintiff was devastated by the loss of her daughter.
The defendant wasn't involved in that accident at all.
But it really just seems to me that the last person you would lash out at
is the person who brought her happiness
for the last few months or few years of her life.
And from what we saw today, he seemed very…
-Decent. -Decent. Here's the birth certificate,
a couple of things that you weren't given in the initial trade over.
So, he seemed pretty reasonable.
Tragic, a 29-year-old woman killed by a drunk driver,
which is what happened.
Hopefully, this will give her some closure though, with the last couple items.
-I don't think so. -With him, I mean.
-With the defendant. -Hopefully with him.
[narrator] Want justice?
Go to JudyJustice.tv.
[theme music playing]