1 00:00:00,266 --> 00:00:01,734 I work as a full-time nanny. 2 00:00:02,467 --> 00:00:05,100 You weren't watching the baby when you took a shower. 3 00:00:05,166 --> 00:00:08,500 He handed me two towels and he gave me permission to shower. 4 00:00:08,567 --> 00:00:10,633 -Uh, no. -You can't hear the baby cry 5 00:00:10,700 --> 00:00:11,700 if you're in the shower. 6 00:00:11,767 --> 00:00:13,667 That's not taking care of an infant. 7 00:00:13,734 --> 00:00:15,967 -Well, I didn't want-- -You don't have to answer me. 8 00:00:16,033 --> 00:00:17,533 That's a fact! 9 00:00:17,600 --> 00:00:20,333 [narrator] This is Judy Justice. 10 00:00:20,400 --> 00:00:22,767 [theme music playing] 11 00:00:37,300 --> 00:00:41,367 [narrator] Leire Pinto is suing her former employers, 12 00:00:41,433 --> 00:00:45,166 Lawrence and Jennarose Papincak, for lost wages 13 00:00:45,233 --> 00:00:47,600 and the value of her belongings. 14 00:00:47,667 --> 00:00:49,667 [Kevin] Court come to order. All rise. 15 00:00:53,367 --> 00:00:54,567 [Judy] Have a seat, please. 16 00:00:54,633 --> 00:00:57,300 Judge, case 4140, Pinto v. Papincak. 17 00:00:57,367 --> 00:00:58,734 -Thank you. -[Kevin] You're welcome. 18 00:00:58,800 --> 00:01:01,000 -[Judy] Ms. Pinto, how old are you? -Twenty-four. 19 00:01:01,066 --> 00:01:02,333 Did you go to college? 20 00:01:02,400 --> 00:01:04,266 -Yes, I'm currently in college. -Where? 21 00:01:04,333 --> 00:01:06,066 Arizona State University. 22 00:01:06,133 --> 00:01:07,200 When did you start there? 23 00:01:07,266 --> 00:01:09,233 I started in 4/10/23. 24 00:01:09,300 --> 00:01:11,166 [Judy] And what were you doing before that? 25 00:01:11,233 --> 00:01:14,567 I was a college student at Santa Barbara City College, 26 00:01:14,633 --> 00:01:16,166 and then I transfer. 27 00:01:16,233 --> 00:01:18,033 How long were you at Santa Barbara? 28 00:01:18,100 --> 00:01:21,265 I was in Santa Barbara City College since 2020. 29 00:01:21,333 --> 00:01:23,166 [Judy] From 2020 to when? 30 00:01:23,233 --> 00:01:25,166 To 2023, I transfer. 31 00:01:25,233 --> 00:01:27,033 Well, you took then... 32 00:01:27,100 --> 00:01:29,400 Oh, I study-- I've been studying online. 33 00:01:29,467 --> 00:01:31,934 So, I've been the whole time an online student. 34 00:01:32,000 --> 00:01:34,200 Is there any reason you went to school online? 35 00:01:34,265 --> 00:01:36,066 Because I work as a full-time nanny. 36 00:01:36,133 --> 00:01:37,265 For whom? 37 00:01:37,333 --> 00:01:40,133 For different families in Santa Barbara who need it. 38 00:01:40,200 --> 00:01:42,233 And where were you living in Santa Barbara? 39 00:01:42,300 --> 00:01:46,600 First I live in Isla Vista from 2019 to 2023. 40 00:01:46,667 --> 00:01:48,233 By yourself or with others? 41 00:01:48,300 --> 00:01:50,300 I live with roommates, other students. 42 00:01:50,366 --> 00:01:55,934 And in 2023, I move in with my fiancé in downtown. 43 00:01:56,000 --> 00:02:00,667 Is that when you answered an ad that the defendants had put online? 44 00:02:00,734 --> 00:02:04,000 -Yeah, uh, I met Lawrence in 2024. -[Judy] Okay. 45 00:02:04,066 --> 00:02:06,600 [Judy] And the defendants had a new baby, 46 00:02:06,667 --> 00:02:09,166 and they decided, according to what I read, 47 00:02:09,233 --> 00:02:11,767 that they needed a full night's sleep, 48 00:02:11,834 --> 00:02:15,633 so they wanted to hire someone for nighttime. 49 00:02:16,100 --> 00:02:20,100 Just for nighttime when hopefully the baby would be sleeping, 50 00:02:20,166 --> 00:02:22,533 to ensure that they could sleep during the night. 51 00:02:22,600 --> 00:02:24,834 You interviewed with them on what date? 52 00:02:24,900 --> 00:02:27,300 I talked to them in September 2024. 53 00:02:27,367 --> 00:02:33,233 And did you make an arrangement with them as far as what your duties would be, 54 00:02:33,300 --> 00:02:35,667 what time you would be working, 55 00:02:35,734 --> 00:02:38,734 -and how much you'd be making per hour? -[Leire] Mm-hmm. 56 00:02:38,800 --> 00:02:41,266 -Correct, uh, Lawrence-- -[Judy] Okay, so 57 00:02:41,333 --> 00:02:44,066 what were the hours that you were supposed to be working? 58 00:02:44,133 --> 00:02:49,266 I was working 10:00 p.m. to 6:00 a.m. at 25 per hour, three times a week. 59 00:02:49,333 --> 00:02:52,433 And how many days did you actually work for them? 60 00:02:52,500 --> 00:02:55,200 I only worked one night in September... 61 00:02:55,266 --> 00:02:57,767 -One night in September. -[Leire] Uh-huh. 62 00:02:57,834 --> 00:02:59,400 And one night in October. 63 00:02:59,466 --> 00:03:02,300 Do you remember the date in September you worked for them? 64 00:03:02,767 --> 00:03:07,166 It must be the 26th. I remember October was October 8th. 65 00:03:07,233 --> 00:03:08,567 And did they pay you? 66 00:03:08,633 --> 00:03:10,500 -Yes. -How much did they pay you? 67 00:03:10,567 --> 00:03:12,800 They pay me $200 each night. 68 00:03:12,867 --> 00:03:15,633 And was that consistent with the hours that you worked? 69 00:03:15,700 --> 00:03:19,500 Yeah, I worked eight hours at 25, which is 200. 70 00:03:19,567 --> 00:03:22,466 Now, the one night in October, what night was that? 71 00:03:22,533 --> 00:03:25,166 -October 8th. -And you worked from when to when? 72 00:03:25,633 --> 00:03:28,266 Uh, 10 p.m. to 6 a.m. 73 00:03:28,333 --> 00:03:30,133 -Did you get paid? -Yes. 74 00:03:30,200 --> 00:03:31,966 -How much? -Two hundred. 75 00:03:32,033 --> 00:03:35,233 And then you were told that your services were no longer necessary. 76 00:03:35,300 --> 00:03:39,433 Correct. He text me a day and a half later, on October 10th, 77 00:03:39,500 --> 00:03:41,734 he text me, firing me. 78 00:03:41,800 --> 00:03:44,700 Okay, and I would be correct that you and the defendant 79 00:03:44,767 --> 00:03:47,600 didn't have any written contract. 80 00:03:48,066 --> 00:03:50,133 -Correct. -So you worked two days, 81 00:03:50,200 --> 00:03:51,600 and you got two days' pay. 82 00:03:51,667 --> 00:03:52,934 -Mm-hmm. -Now, 83 00:03:53,900 --> 00:03:56,734 you're suing the defendants 84 00:03:56,800 --> 00:03:59,500 because, "Money owed for loss of income." 85 00:03:59,567 --> 00:04:03,433 I assume the loss of income that you're referring to 86 00:04:03,900 --> 00:04:09,533 is as a result of them giving you a bad review to your agency. 87 00:04:09,600 --> 00:04:13,500 -Mm-hmm. -The agency investigating that bad review. 88 00:04:13,567 --> 00:04:17,632 -Correct. -When you put your name 89 00:04:17,700 --> 00:04:22,100 into the agency, and you could look at your profile online, 90 00:04:22,166 --> 00:04:26,133 did you have good reviews from your prior people that you worked for? 91 00:04:26,200 --> 00:04:29,967 It was a new profile, um, so that I didn't... 92 00:04:30,033 --> 00:04:33,066 So the answer is no, you didn't have good reviews from... 93 00:04:33,133 --> 00:04:34,600 I didn't have any reviews at all. 94 00:04:34,667 --> 00:04:37,233 But people do have reviews on the site? 95 00:04:37,300 --> 00:04:39,000 -Correct. -[Judy] You didn't have any. 96 00:04:39,066 --> 00:04:42,834 And he-- But you knew that people post reviews 97 00:04:42,900 --> 00:04:44,633 because you've used the site before. 98 00:04:44,700 --> 00:04:47,700 Right. His review was the first one ever that I receive. 99 00:04:47,767 --> 00:04:50,266 -Whatever, he posted a bad review, they-- -[Leire] Yeah. 100 00:04:50,332 --> 00:04:52,567 -He said they had a bad experience. -Correct. 101 00:04:52,633 --> 00:04:54,300 He's entitled to do that. 102 00:04:54,367 --> 00:05:00,433 I know. Um, what happened was that I got banned for one week. 103 00:05:00,500 --> 00:05:04,367 And the reason why it was one week is because the agency investigated. 104 00:05:04,433 --> 00:05:06,166 So then they give me my account back 105 00:05:06,233 --> 00:05:08,700 when they saw that nothing happened in reality. 106 00:05:08,767 --> 00:05:12,800 And during that week that I was banned from the nanny app, 107 00:05:12,867 --> 00:05:17,500 what happened was that this agency sent an e-mail to all the parents 108 00:05:17,567 --> 00:05:19,166 that I have worked before 109 00:05:19,233 --> 00:05:22,500 saying, "Oh, we have closed Leire's account for security measures." 110 00:05:22,567 --> 00:05:24,433 Just a second. What you're telling me 111 00:05:24,500 --> 00:05:27,233 is because they were investigating this incident, 112 00:05:27,300 --> 00:05:29,767 the agency sent letters out. 113 00:05:29,834 --> 00:05:32,367 -Yeah. -That's not his problem. 114 00:05:33,133 --> 00:05:36,467 The agency sent letters out for the people that you worked with before 115 00:05:36,533 --> 00:05:41,133 trying to gather their impression of your work history. 116 00:05:41,200 --> 00:05:43,734 -They were doing an investigation, right? -[Leire] Right. 117 00:05:43,800 --> 00:05:45,533 That has nothing to do with him. 118 00:05:45,600 --> 00:05:48,233 Right, and they realize, like, "Oh, yeah, we-- 119 00:05:48,300 --> 00:05:50,967 They're apologizing and everything, uh, 120 00:05:51,033 --> 00:05:56,266 but yeah, parents, um, yeah, had-- the parents I worked for in the past 121 00:05:56,332 --> 00:05:58,433 talked to them, say, "No, we have..." 122 00:05:58,500 --> 00:06:00,567 [stutters] You don't get it, Ms. Pinto. 123 00:06:00,633 --> 00:06:03,100 [dramatic music playing] 124 00:06:03,166 --> 00:06:06,400 That's an impossible schedule for... 125 00:06:06,467 --> 00:06:07,567 Well, I do it. 126 00:06:07,633 --> 00:06:09,266 No, you don't do it well. 127 00:06:09,333 --> 00:06:11,633 It's impossible to do it well. 128 00:06:11,700 --> 00:06:14,000 You can't work 24 hours straight 129 00:06:14,066 --> 00:06:17,200 and the last eight hours of that is watching an infant. 130 00:06:19,734 --> 00:06:22,433 [theme music playing] 131 00:06:26,567 --> 00:06:30,367 [narrator] Leire Pinto claims her former employers, 132 00:06:30,433 --> 00:06:35,066 Lawrence and Jennarose Papincak, owe her for lost wages. 133 00:06:35,133 --> 00:06:39,800 Lawrence and Jennarose are countersuing for a refund and loss of income. 134 00:06:39,867 --> 00:06:41,467 He's entitled to write a bad review. 135 00:06:41,533 --> 00:06:44,332 Whatever happens after he writes a bad review, 136 00:06:44,400 --> 00:06:47,433 unless he does it out of some way maliciously... 137 00:06:47,500 --> 00:06:50,100 -Mm-hmm. -This was, what I gather 138 00:06:50,166 --> 00:06:52,300 -from the two of you... -[Leire] Mm-hmm. 139 00:06:52,367 --> 00:06:56,500 ...this was an incident that happened at the second time you came there, 140 00:06:56,567 --> 00:06:58,332 -you took a shower. -Mm-hmm. 141 00:06:58,400 --> 00:07:01,233 He says you didn't have the permission to take a shower, 142 00:07:01,300 --> 00:07:03,834 that you weren't watching the baby when you took a shower 143 00:07:03,900 --> 00:07:06,000 -and it was your job. Just a second. -Yeah, that's true. 144 00:07:06,066 --> 00:07:08,500 That's what he says, which was your job. 145 00:07:08,567 --> 00:07:12,166 And when you finished taking a shower, you left the bathroom a mess, 146 00:07:12,233 --> 00:07:16,934 and his wife tripped on your wet towels, and she smashed her foot. Whatever. 147 00:07:17,000 --> 00:07:19,800 And you say that he did give you permission to take a shower. 148 00:07:19,867 --> 00:07:23,433 -That's what the discrepancy was about. -[Leire] Yeah. 149 00:07:23,500 --> 00:07:26,767 It's not particularly urgent. Certainly not urgent for me. 150 00:07:26,834 --> 00:07:30,967 What's important to me is that you worked for two days, 151 00:07:31,033 --> 00:07:33,600 -and you got paid for two days. -Correct. 152 00:07:33,667 --> 00:07:36,266 And then I had my belongings in his home. 153 00:07:36,332 --> 00:07:39,633 Now, I want you to tell me what belongings-- 154 00:07:39,700 --> 00:07:40,767 Cause you also have that. 155 00:07:40,834 --> 00:07:43,266 -What belongings did you have in his home? -[Leire] Yeah. 156 00:07:43,332 --> 00:07:45,033 It was bathroom items. 157 00:07:45,100 --> 00:07:46,500 What bathroom items? 158 00:07:46,567 --> 00:07:50,166 It was a shampoo, a conditioner, a body wash, 159 00:07:50,233 --> 00:07:53,200 a loofah, a toothpaste, and a toothbrush. 160 00:07:53,266 --> 00:07:57,567 So it was bathroom items that I brought in my second on October 8th, 161 00:07:57,633 --> 00:08:00,200 and I ask him, "Oh, I have been working all day, 162 00:08:00,266 --> 00:08:01,533 could I please take a shower?" 163 00:08:01,600 --> 00:08:05,000 And he said "yes," and he handed me two towels, 164 00:08:05,066 --> 00:08:08,233 and he gave me permission to shower in the bathroom guest with-- 165 00:08:08,300 --> 00:08:11,100 It was in the same room as his baby was. 166 00:08:11,166 --> 00:08:14,700 So I was in the guest room. The bathroom is inside the guest room. 167 00:08:14,767 --> 00:08:16,300 The baby was in the bassinet, 168 00:08:16,367 --> 00:08:19,033 so if he will cry, I will hear it immediately. 169 00:08:19,100 --> 00:08:21,567 You can't hear a baby cry if you're in the shower. 170 00:08:21,633 --> 00:08:23,367 Yeah, 'cause the bathroom door is open. 171 00:08:23,433 --> 00:08:27,533 I don't care if it's open. You can't hear the baby cry if you're in the shower. 172 00:08:27,600 --> 00:08:30,600 -Yeah, but he gave me permission. -In any event, if you were working all-- 173 00:08:30,667 --> 00:08:34,567 Just my own curiosity, this really is not a legal question. 174 00:08:34,633 --> 00:08:36,866 You were working all day doing what? 175 00:08:36,933 --> 00:08:39,000 Yeah, I was working since 8 a.m.-- 176 00:08:39,066 --> 00:08:40,799 -What, doing what? -Nanny. 177 00:08:40,866 --> 00:08:42,400 -I was nannying. -Just a second. 178 00:08:42,467 --> 00:08:45,100 -So you were somebody else's nanny. -Mm-hmm. 179 00:08:45,165 --> 00:08:48,300 -From eight in the morning until? -Mm-hmm. 180 00:08:48,367 --> 00:08:49,367 Nine-thirty p.m. 181 00:08:49,433 --> 00:08:53,000 -Until 9.30... p.m. -[Leire] Yeah. 182 00:08:53,066 --> 00:08:54,066 Mm-hmm. 183 00:08:54,133 --> 00:08:59,100 And then you were supposed to be up and take care of this baby... 184 00:08:59,165 --> 00:09:01,700 -Mm-hmm. -...from 10 p.m. to 6 a.m. 185 00:09:01,767 --> 00:09:04,700 -Yeah, I work a lot. -And then when do you work again 186 00:09:04,767 --> 00:09:08,066 -as a nanny? The next morning? -I work again at 8 a.m. 187 00:09:08,133 --> 00:09:09,967 -Oh! -Yeah, so I go straight 188 00:09:10,033 --> 00:09:12,233 from one home to another. I go straight. 189 00:09:12,300 --> 00:09:15,934 That's why I asked him if I could shower, otherwise, I will have shower at home. 190 00:09:16,000 --> 00:09:18,367 Were you aware of the fact that she had a full-time job, 191 00:09:18,433 --> 00:09:21,667 that she was coming to you afterwards? 192 00:09:21,734 --> 00:09:24,967 We had the conversation where I said explicitly, 193 00:09:25,033 --> 00:09:26,834 I don't feel that that's appropriate. 194 00:09:26,900 --> 00:09:30,600 Do you want to start on a day where you're not working around the clock 195 00:09:30,667 --> 00:09:32,033 because that's not safe. 196 00:09:32,100 --> 00:09:34,834 And she said, "No, I do this all the time, I'm used to it." 197 00:09:34,900 --> 00:09:37,633 We also did not tell her she could take a shower. 198 00:09:37,700 --> 00:09:40,667 She asked for towels and usually we use a towel 199 00:09:41,233 --> 00:09:44,066 when we're changing the baby because he's a boy-- 200 00:09:44,133 --> 00:09:46,066 No, she doesn't say you said it was okay, 201 00:09:46,133 --> 00:09:48,400 she says your husband said it was okay, is that right? 202 00:09:48,467 --> 00:09:49,800 Yes, she was sleeping. 203 00:09:49,867 --> 00:09:51,700 Whatever, I'm just curious. 204 00:09:51,767 --> 00:09:55,467 You know, I know that you probably have to hustle in order to make money, 205 00:09:55,533 --> 00:09:57,367 to go to school and things, 206 00:09:57,433 --> 00:10:01,367 but that's an impossible schedule for... 207 00:10:01,433 --> 00:10:02,700 Well, I do it. 208 00:10:02,767 --> 00:10:04,400 No, you don't do it well. 209 00:10:04,467 --> 00:10:06,734 It's impossible to do it well. 210 00:10:06,800 --> 00:10:11,266 You can't work 24 hours straight and the last eight hours of that 211 00:10:11,333 --> 00:10:12,400 is watching an infant. 212 00:10:12,467 --> 00:10:15,033 -[Leire] Well, everybody... -Taking a shower, washing your hair... 213 00:10:15,100 --> 00:10:17,200 ...I work for, they are happy with me and are really happy, 214 00:10:17,266 --> 00:10:19,233 -and they leave five-star reviews. -[Judy] Ms. Pinto, 215 00:10:19,300 --> 00:10:21,834 I don't care what you say to me, you're 24 years old. 216 00:10:21,900 --> 00:10:27,333 I'm telling you that it's not safe to work a 12-hour day 217 00:10:27,400 --> 00:10:29,800 with one family as a nanny, 218 00:10:29,867 --> 00:10:34,967 and then come at 9:30 at night and be on from 10 to 6 in the morning 219 00:10:35,033 --> 00:10:40,266 awake and alert, and able at a moment's notice to react to an infant. 220 00:10:40,333 --> 00:10:41,900 That's what they were paying you for. 221 00:10:41,967 --> 00:10:44,333 Not paying you to sleep and wash your hair. 222 00:10:44,400 --> 00:10:47,066 -[Leire] Right. -Did you also bring a razor? 223 00:10:47,133 --> 00:10:49,100 -Did you also bring a razor? -[Leire] Yeah. 224 00:10:49,165 --> 00:10:51,033 So you shaved your legs too. 225 00:10:51,967 --> 00:10:54,333 -Yeah. Taking a shower. -[Judy] Just a second. 226 00:10:54,400 --> 00:10:57,165 How many hours do you work for the other family? 227 00:10:57,233 --> 00:11:00,066 Uh, I work since 8 a.m. to 9:30 p.m. 228 00:11:00,133 --> 00:11:02,200 To 9:30 p.m.-- Why didn't you shower there? 229 00:11:02,266 --> 00:11:04,166 -Because I ask him for permission. -No, no, no! 230 00:11:04,233 --> 00:11:06,066 Why didn't you shower there? 231 00:11:06,133 --> 00:11:08,567 Because I wasn't going to shower there and I was-- 232 00:11:08,633 --> 00:11:11,100 If he didn't give me permission, I wouldn't have showered. 233 00:11:11,166 --> 00:11:14,600 I'm just asking you why you didn't shower there? 234 00:11:14,667 --> 00:11:18,133 I didn't have my bathroom products in my previous house. 235 00:11:18,200 --> 00:11:20,533 I was going to bring them to his home and ask him, 236 00:11:20,600 --> 00:11:23,000 and he would have said no, I wouldn't have showered. 237 00:11:23,066 --> 00:11:24,700 -But... -Just a second. 238 00:11:24,767 --> 00:11:30,333 So you got off at 9:30 from the other place where you were working all day. 239 00:11:30,400 --> 00:11:31,700 And where did you go? 240 00:11:31,767 --> 00:11:33,066 I went to his home, I wanted-- 241 00:11:33,133 --> 00:11:35,367 Well, where did you get the shampoo, the razor? 242 00:11:35,433 --> 00:11:38,967 Oh, my fiancé picked me up and he dropped me to work. 243 00:11:39,033 --> 00:11:41,000 Your fiancé picked you up and you asked him 244 00:11:41,066 --> 00:11:44,333 to bring your shampoo, your conditioner? 245 00:11:44,400 --> 00:11:47,400 Is that what we're talking about, your shampoo, your conditioner, 246 00:11:47,467 --> 00:11:49,066 a body wash and a razor? 247 00:11:49,133 --> 00:11:50,767 -Yeah, he brought it. -Is that your belongings? 248 00:11:50,834 --> 00:11:52,165 -[Leire] Yes. -Yeah. 249 00:11:52,233 --> 00:11:54,333 -You have her belongings? -Uh, no. 250 00:11:54,400 --> 00:11:57,700 No. Okay. You have a ridiculous counterclaim. 251 00:11:57,767 --> 00:12:01,934 [laughing] As ridiculous as her lawsuit. 252 00:12:02,000 --> 00:12:07,333 Your counterclaim alleges that you want the return of the money that you paid her. 253 00:12:07,400 --> 00:12:08,500 -Yeah. -That's not happening. 254 00:12:08,567 --> 00:12:10,066 What you're entitled to is to fire her, 255 00:12:10,133 --> 00:12:11,266 -which you did. -Yeah. 256 00:12:11,333 --> 00:12:14,300 She was there from 10:00 p.m. to 6:00 a.m. 257 00:12:14,367 --> 00:12:16,166 She was paid for those hours. 258 00:12:16,233 --> 00:12:17,800 I assume your baby was okay. 259 00:12:17,867 --> 00:12:19,166 -Yeah. -Yes. 260 00:12:19,233 --> 00:12:21,367 And the bathroom was a mess. 261 00:12:21,433 --> 00:12:22,433 -Yeah. -According to you. 262 00:12:22,500 --> 00:12:25,133 Wet towels on the floor and whatever, and you stubbed your toe. 263 00:12:25,200 --> 00:12:26,767 -Yeah. -[Judy] That's what your husband says. 264 00:12:26,834 --> 00:12:28,000 No, I broke my toe. 265 00:12:28,066 --> 00:12:29,266 -It was-- yes. -That's not true. 266 00:12:29,333 --> 00:12:30,633 -[Judy] You broke your toe? -Yes. 267 00:12:30,700 --> 00:12:33,133 -Yeah. -Well, she doesn't pay for clumsy. 268 00:12:33,200 --> 00:12:34,400 For your clumsy. 269 00:12:34,467 --> 00:12:36,633 -What she did was clumsy. -[Judy] I'd like you to say-- 270 00:12:36,700 --> 00:12:38,600 The whole carpet through my house was wet. 271 00:12:38,667 --> 00:12:39,767 -That's not true. -Which means-- 272 00:12:39,834 --> 00:12:41,767 [Judy] Just a second. There's nothing even here 273 00:12:41,834 --> 00:12:44,033 that says the whole carpet in your house was wet. 274 00:12:44,100 --> 00:12:45,934 -Yes, it does. -In the counterclaim, it says 275 00:12:46,000 --> 00:12:47,734 there were wet towels all over the floor. 276 00:12:47,800 --> 00:12:49,633 -No, it says the carpet was soaked. -Just a second. 277 00:12:49,700 --> 00:12:52,200 Okay, I may be wrong, I'm gonna read it. 278 00:12:52,266 --> 00:12:55,165 -[Lawrence] It's in the text messages-- -[Judy] Shh...! Yeah. 279 00:12:55,233 --> 00:12:57,800 This is your counterclaim, you want to point out anywhere 280 00:12:57,867 --> 00:13:00,633 where you say the carpet in your house was soaked. 281 00:13:03,033 --> 00:13:06,567 Make a circle around it where you say the carpet in your house was soaked. 282 00:13:06,633 --> 00:13:08,300 [indistinct] ...the conversation. 283 00:13:08,367 --> 00:13:11,700 I don't care about conversation. Conversation isn't a pleading. 284 00:13:11,767 --> 00:13:13,800 I mean, I don't know. It's only in the conversation. 285 00:13:13,867 --> 00:13:15,767 -I only have it in the conversation. -[Lawrence] Yeah. 286 00:13:15,834 --> 00:13:17,967 [Judy] It's not relevant in the conversation, madam. 287 00:13:18,033 --> 00:13:20,500 It is relevant evidence because I did break my toe 288 00:13:20,567 --> 00:13:23,500 -and it's not my clumsiness, it's hers. -[Judy] Just-- 289 00:13:23,567 --> 00:13:25,400 -Madam. -And I would like to add something. 290 00:13:25,467 --> 00:13:27,433 You're not paying careful attention to me. 291 00:13:27,500 --> 00:13:29,700 Kevin-- what is that? 292 00:13:30,300 --> 00:13:36,165 What's in a text message may be proof of an allegation in your complaint. 293 00:13:36,233 --> 00:13:41,633 Where you use proof to prove something that you allege was wronged. 294 00:13:41,700 --> 00:13:45,367 You have to allege it first before you adduce proof. 295 00:13:45,433 --> 00:13:49,066 You didn't allege it in your counterclaim 296 00:13:49,133 --> 00:13:52,200 that carpeting in your house was wet. 297 00:13:52,266 --> 00:13:53,867 -Do you understand? -Yes. 298 00:13:53,934 --> 00:13:54,934 Perfect! 299 00:13:55,000 --> 00:13:57,467 [dramatic music playing] 300 00:13:57,533 --> 00:13:59,967 I suggest that if you want to be a nanny for babies, 301 00:14:00,100 --> 00:14:01,700 you have to be responsible. 302 00:14:01,767 --> 00:14:04,400 Working 24 hours a day is irresponsible. 303 00:14:04,467 --> 00:14:09,233 Irresponsible taking care of an infant after you've worked a 12-hour day. 304 00:14:09,300 --> 00:14:10,300 Period! 305 00:14:12,834 --> 00:14:16,800 [theme music playing] 306 00:14:19,500 --> 00:14:23,767 [narrator] Leire Pinto has accused her former employers, 307 00:14:23,834 --> 00:14:27,433 Lawrence and Jennarose Papincak, of costing her work 308 00:14:27,500 --> 00:14:29,934 after giving her a bad review. 309 00:14:30,000 --> 00:14:33,233 Lawrence and Jennarose claim Leire is responsible 310 00:14:33,300 --> 00:14:35,900 for breaking Jennarose's toe. 311 00:14:35,967 --> 00:14:41,165 Now, I'm gonna see your-- this happened-- was it October 8th? 312 00:14:41,233 --> 00:14:44,467 It was the-- it was October 9th, the morning after, um... 313 00:14:44,533 --> 00:14:49,233 Okay. Do you have any medical records for the next day? 314 00:14:49,300 --> 00:14:50,900 -For your toe? -No. 315 00:14:50,967 --> 00:14:52,734 -Nothing? -No. I wasn't able to. 316 00:14:52,800 --> 00:14:54,467 Shh! Just a second. The answer is no. 317 00:14:54,533 --> 00:14:57,567 You said your toe was broken. Did you ever see a doctor? 318 00:14:57,633 --> 00:14:59,400 -No. -[Judy] Okay... 319 00:14:59,467 --> 00:15:03,633 Next part of your complaint is loss of income. 320 00:15:03,700 --> 00:15:07,000 The loss of income is a result of your broken toe. 321 00:15:07,066 --> 00:15:08,433 -Is that what you're saying? -Correct. 322 00:15:08,500 --> 00:15:10,200 Well, you have no proof of your broken toe. 323 00:15:10,266 --> 00:15:12,500 -Well, I don't know, I-- -You have no proof of your broken toe 324 00:15:12,567 --> 00:15:15,734 so you can't have lost income as a result of proof of your broken toe. 325 00:15:15,800 --> 00:15:18,300 We have images of her toe and the bruising 326 00:15:18,367 --> 00:15:20,033 -of the toe. We didn't-- -I don't care. Listen-- 327 00:15:20,100 --> 00:15:22,066 We didn't go to a doctor 328 00:15:22,133 --> 00:15:24,500 because we just have all these medical bills, we had our son, 329 00:15:24,567 --> 00:15:28,033 we didn't have the time. You know, we didn't expect to get to this point. 330 00:15:30,967 --> 00:15:33,800 You have no case against them. They're allowed to write a lousy review. 331 00:15:33,867 --> 00:15:36,800 I suggest that if you want to be a nanny for babies, 332 00:15:36,867 --> 00:15:38,066 you have to be responsible. 333 00:15:38,133 --> 00:15:40,934 Working 24 hours a day is irresponsible. 334 00:15:41,000 --> 00:15:45,400 Irresponsible taking care of an infant after you've worked a 12-hour day. 335 00:15:45,467 --> 00:15:46,467 Period! 336 00:15:46,533 --> 00:15:49,400 That's my judgment and this is my business! 337 00:15:49,467 --> 00:15:54,300 You're putting your welfare ahead of the safety of an infant who relies on you. 338 00:15:54,367 --> 00:15:56,967 -Correct, and-- -You don't have to answer me. 339 00:15:57,033 --> 00:15:58,767 That's a fact! 340 00:15:58,834 --> 00:16:02,300 You can't, even at age 24, work 12 hours, 341 00:16:02,367 --> 00:16:06,967 come back, you shaved, showered, shampooed your hair, dried your hair, 342 00:16:07,033 --> 00:16:10,633 and then in all probability went into a sound sleep. 343 00:16:10,700 --> 00:16:13,033 That's not taking care of an infant. 344 00:16:13,100 --> 00:16:15,467 Well, I didn't want to have germs on me. 345 00:16:15,533 --> 00:16:18,166 That's not taking care of an infant. 346 00:16:18,233 --> 00:16:21,734 The infant doesn't care whether you're sleeping with germs or without germs. 347 00:16:21,800 --> 00:16:26,433 The infant cares whether or not somebody is there in case of an emergency 348 00:16:26,500 --> 00:16:29,333 -after you've worked 12-- -I just didn't want him 349 00:16:29,400 --> 00:16:31,333 -to steal my belongings. -[Judy] Listen to me. 350 00:16:31,400 --> 00:16:33,567 I went with the police, I had the police report-- 351 00:16:33,633 --> 00:16:35,467 I don't care about your shampoo, madam. 352 00:16:35,533 --> 00:16:38,266 I didn't do ten years of post-graduate study-- 353 00:16:38,333 --> 00:16:40,133 And I hire a private investigator. 354 00:16:40,200 --> 00:16:42,600 -[Judy] Well... -I find out it's enough to get probation 355 00:16:42,667 --> 00:16:45,667 and he have a recent restraining order between each other. 356 00:16:45,734 --> 00:16:48,433 I don't want you to try to speak over me. 357 00:16:48,500 --> 00:16:53,467 Take part of the $200 that they paid you for sleeping and buy new shampoo. 358 00:16:53,533 --> 00:16:56,800 Buy new conditioner, take another $10 and buy body wash. 359 00:16:56,867 --> 00:16:58,066 Do you understand? 360 00:16:58,133 --> 00:17:00,133 You have to be responsible if you're taking care, 361 00:17:00,200 --> 00:17:02,900 -supposedly taking care of people-- -I didn't want to get the newborn sick-- 362 00:17:02,967 --> 00:17:05,133 You're trying to talk over me! 363 00:17:05,200 --> 00:17:07,567 -Why would you shave your legs? -[Judy] You have-- don't! 364 00:17:07,633 --> 00:17:09,000 Nobody's asking you anything. 365 00:17:09,066 --> 00:17:10,900 Thant makes no sense, I'm sorry, 366 00:17:10,967 --> 00:17:13,800 why would you shave your legs for my son's safety? No. 367 00:17:14,666 --> 00:17:16,633 -[scoffs] -You have no right to throw my belongings 368 00:17:16,700 --> 00:17:18,934 -to the trashcan. -Yes, it was abandoned property. 369 00:17:19,000 --> 00:17:21,032 Case is dismissed, the petition is dismissed, 370 00:17:21,099 --> 00:17:22,934 as is the counterclaim. Goodbye. Put them out. 371 00:17:23,000 --> 00:17:24,666 This court is adjourned. 372 00:17:24,733 --> 00:17:27,867 [theme music playing] 373 00:17:29,800 --> 00:17:31,767 I definitely think she's right about the negligence 374 00:17:31,834 --> 00:17:33,400 that the plaintiff had with our son, 375 00:17:33,467 --> 00:17:36,867 and you know, she put our son in danger, and you know, it was evident in, 376 00:17:36,934 --> 00:17:38,834 you know, what the judge said. 377 00:17:38,900 --> 00:17:41,934 I'm a really hard worker and she calling me irresponsible 378 00:17:42,000 --> 00:17:46,133 was very unexpected because I've been working for over 50 families 379 00:17:46,200 --> 00:17:48,834 in Santa Barbara, Montecito, and all the way around. 380 00:17:48,900 --> 00:17:50,834 And they are all extremely happy with me. 381 00:17:50,900 --> 00:17:53,700 The bathroom was messy where the towels were left, 382 00:17:53,767 --> 00:17:57,967 and also she must have heard the baby cry because the carpet all the way around 383 00:17:58,033 --> 00:18:00,333 where the bassinet was was soaking wet. 384 00:18:00,400 --> 00:18:02,233 When I went there, I had been working all day, 385 00:18:02,300 --> 00:18:06,100 and I asked Lawrence if I could shower, and he's the one who said yes 386 00:18:06,166 --> 00:18:07,266 and gave me two towels. 387 00:18:07,333 --> 00:18:10,066 So I'm assuming she ran out of the shower to check him, 388 00:18:10,133 --> 00:18:13,400 and that led to that messy accident, which is where I broke my toe. 389 00:18:13,467 --> 00:18:17,133 Yeah, that was not true at all. They were just lying because they wanted me-- 390 00:18:17,200 --> 00:18:20,867 They wanted for me to pay it in the childcare refund. 391 00:18:20,934 --> 00:18:23,233 She abandoned him physically. She was not in the room 392 00:18:23,300 --> 00:18:26,133 while he needed her, he was just born, like, weeks before. 393 00:18:26,200 --> 00:18:30,367 With all the families I currently work for and I work in the past, 394 00:18:30,433 --> 00:18:34,133 uh, yeah, they are very happy with me and I'm happy with them, I keep in touch. 395 00:18:34,200 --> 00:18:36,333 You gotta watch, you know, when you're hiring people offline, 396 00:18:36,400 --> 00:18:38,066 you know, it's due diligence. 397 00:18:38,133 --> 00:18:40,066 And when we went back and found someone else, you know, 398 00:18:40,133 --> 00:18:42,867 we made sure to be very clear and, you know, 399 00:18:42,934 --> 00:18:46,367 to have a written agreement with them about what our expectations were. 400 00:18:46,433 --> 00:18:49,333 This is the only family that I ever had an issue in my life. 401 00:18:51,200 --> 00:18:54,033 You know, I do think that the agency, that an agency 402 00:18:54,100 --> 00:18:57,233 that deals primarily with child and infant care 403 00:18:57,300 --> 00:18:59,867 has a responsibility to... 404 00:19:01,200 --> 00:19:05,834 vet the people and what jobs they have, and what job responsibilities they have. 405 00:19:05,900 --> 00:19:11,100 Because as a lawyer, my head is, if the agency knew, which they did, 406 00:19:11,166 --> 00:19:15,967 that she had a full-time job from 8:30 in the morning till 9:30 at night, 407 00:19:16,033 --> 00:19:18,800 and then put her together with these people 408 00:19:19,467 --> 00:19:22,333 from 10:00 at night until 6:00 in the morning, 409 00:19:22,400 --> 00:19:25,233 you had to know that there was not going to be 410 00:19:25,300 --> 00:19:30,767 a full-time attentive person taking care of an infant. 411 00:19:30,834 --> 00:19:34,667 If, heaven forbid, something had happened to that infant 412 00:19:34,734 --> 00:19:36,633 during the course of the night, 413 00:19:36,700 --> 00:19:38,767 they would have a cause of action. 414 00:19:38,834 --> 00:19:43,033 I don't know whether it would be ultimately determined in their favor, 415 00:19:43,100 --> 00:19:45,767 against both the nanny and the agency. 416 00:19:45,834 --> 00:19:50,700 Well, one thing I found interesting is the wife admitted to knowing 417 00:19:50,767 --> 00:19:54,533 that she worked from 8:30 in the morning to 9:30 at night. 418 00:19:54,600 --> 00:19:58,700 If I was the mother, I'd say, "I don't want you. Stay home." 419 00:19:58,767 --> 00:20:00,834 Because that's irresponsible, so you can't-- 420 00:20:00,900 --> 00:20:04,900 I agree 100% that the agency has a responsibility to keep an eye 421 00:20:04,967 --> 00:20:08,233 on the schedules of the nannies that they are sending out to people, 422 00:20:08,300 --> 00:20:10,500 but they weren't completely in the dark about that. 423 00:20:10,567 --> 00:20:12,867 I expected them to be in the dark about her job 424 00:20:12,934 --> 00:20:15,367 that she was working for the whole day, 425 00:20:15,433 --> 00:20:17,333 but that's a little bit on you as a parent. 426 00:20:17,400 --> 00:20:20,600 If you decide to hire someone that you know 427 00:20:20,667 --> 00:20:24,500 had just worked from 8:30 in the morning until 9:30 at night, 428 00:20:24,567 --> 00:20:26,700 and then came to your house at 10 p.m., 429 00:20:26,767 --> 00:20:30,400 there's no way that you as a woman, as a person, as a parent, 430 00:20:30,467 --> 00:20:33,834 you know that that's not going to be 100% attention on your baby. 431 00:20:33,900 --> 00:20:37,166 On your baby. That's true, they had communication about it 432 00:20:37,233 --> 00:20:39,734 -that I didn't actually look at. -She admitted to it, she said... 433 00:20:39,800 --> 00:20:41,500 -She said, I knew-- -..."I knew she was--" 434 00:20:41,567 --> 00:20:44,500 And I had asked, "Are you sure you don't want to come a different day?" 435 00:20:44,567 --> 00:20:47,433 And the nanny said, "No, it's okay, I do this all the time." 436 00:20:47,500 --> 00:20:50,300 But I would not-- even if you'd done that all the time, as a mother, 437 00:20:50,367 --> 00:20:52,600 -I would not be comfortable with that. -I wouldn't either. 438 00:20:52,667 --> 00:20:53,834 -Yeah, so... -I wouldn't either. 439 00:20:53,900 --> 00:20:56,333 So if you want attentive care that you're comfortable with, 440 00:20:56,400 --> 00:20:58,300 I wouldn't be able to sleep at night as a mother 441 00:20:58,367 --> 00:21:01,800 if I knew that the person I left in charge of my newborn 442 00:21:01,867 --> 00:21:02,900 had been working a full-- 443 00:21:02,967 --> 00:21:06,300 You don't know how many children she was caring for during the day 444 00:21:06,367 --> 00:21:07,667 for that many hours. 445 00:21:07,734 --> 00:21:11,400 So that's, that's a little bit on you too as a parent, you know, be careful about... 446 00:21:11,467 --> 00:21:13,700 -I agree, I agree with that. -...who you hire. 447 00:21:13,767 --> 00:21:17,467 I have to give the plaintiff credit. She is a student. 448 00:21:17,533 --> 00:21:21,867 She's putting herself through school. She's working as much as she can. 449 00:21:21,934 --> 00:21:23,867 -But don't put babies at risk. -The law-- risk-- 450 00:21:23,934 --> 00:21:27,934 And the lawsuit was-- and the lawsuit was actually ridiculous, you know, 451 00:21:28,000 --> 00:21:30,233 for her shampoo, and her-- 452 00:21:30,300 --> 00:21:31,467 -It was foolish. -Yeah. 453 00:21:31,533 --> 00:21:37,200 I think she was angry that she got fired and that there was a negative review. 454 00:21:39,633 --> 00:21:43,300 [narrator] Have you been cheated? Go to JudyJustice.tv. 455 00:21:48,000 --> 00:21:50,900 [theme music playing]