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This is all about a 40th birthday party.

2
00:00:03,233 --> 00:00:04,266
Yes.

3
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She cancelled the party.
Two days before your engagement.

4
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I just didn't like
the design of the space.

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I'm extra, so I want to do things right.
If I'm gonna do it, it's gonna be amazing.

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But you signed up for it.

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Um...

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What do you mean, "um"?

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[narrator]
Today on Tribunal Justice...

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[theme music playing]

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This case was filed
in Elizabeth, New Jersey.

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Your Honor, this is case #1092
on the calendar

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in the matter of Diabate vs. Brooks.

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Parties have been sworn in.
You may be seated.

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- [DiMango] Thank you, Byrd.
- [Byrd] Mm-hmm.

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Ms. Diabate, Mr. Brooks.
This is all about a 40th birthday party.

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So, Ms. Diabate, you were
looking for a venue to celebrate,

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how'd you call it,
you're 40 again birthday.

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- "Forty Again," yeah.
- [DiMango] You missed it during COVID.

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- Yeah.
- [DiMango] So, a long time friend

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who is the Defendant, apparently, said he
was a DJ and that he owned a party venue.

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You went to check out the place.
You loved it, but for one thing.

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It had red walls, and that didn't go with
your vision of what your party was about.

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- Mm-hmm.
- [DiMango] So, you spoke to him about it,

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he said, got you, I'm gonna paint it.
You wanted it painted white,

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he said he was gonna do that.
All in, DJ-ing,

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party venue, ghost chairs,
tables, etcetera, $2,250.

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You said that he even agreed
that you could bring in your own liquor.

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As the date neared, you went in and
you noticed that the walls were still red.

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This was like two weeks before. You were
carrying on crying, you were all upset.

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He said, I got you, don't worry,
it'll still be done.

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And then, he said to you, it's $1,500
for you to bring in your own alcohol.

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And you said, this wasn't the deal.
And he said, well, it is,

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because it's really not legal
in New Jersey

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to bring in your own alcohol.
And the bottom line is

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you said, you're a liar. I'm not even
gonna have my party here anymore.

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- This was two days before.
- Right.

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Then at that point, he called you back
and he said, all right, for $500

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you can bring in your own alcohol.
You said, too late, mister.

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And then he said, all right,
just bring in your own liquor

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and I'm not gonna charge you for that.
You said

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that he told you things that
were not true. He was not, in fact,

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the owner of this place,
he was just the manager.

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He never could paint the walls white
from red. And you want your deposit back.

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So, you're here for the $1,600 deposit.

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You say you never signed the contract,
so there's nothing to enforce.

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- Right.
- [DiMango] And you're also suing

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for some pain and suffering and
emotional distress that this caused you,

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and that's $1,600.
So, your total lawsuit is $3,100.

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- Yes.
- Mr. Brooks, what you say is,

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that our Plaintiff, Ms. Diabate is a cross
between a Bridezilla and a Karen.

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Absolutely.

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I think we all know what a Bridezilla is,
but maybe not everybody knows...

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What's a Karen?

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She's just really, really dramatic,
like over-the-top.

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All the way up there.

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All right. So, you say
that she only came to you

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after another venue refused to work
with her and deal with all of her demands.

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You said you never promised
to paint the walls

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but when she started acting like a Karen,
I guess,

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that at that point, you said, all right,
fine, you'll paint the walls white.

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But you've gotta promise me you'll pay
to have them painted back to red again.

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You say that as to the liquor, you
never told her that she could bring it in

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because in New Jersey,
you can't bring your own booze

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to a party venue in most jurisdictions.
She said, I'm outta here,

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I'm not going along with you,
I'm cancelling.

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And you had already spent over $3,000
in purchasing items for her party.

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Okay, your birthday was what, March 12th?

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March 12th. It was my 41st.
I didn't do 40 because of the pandemic

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- and my son had passed away in December.
- [DiMango] I'm sorry.

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So, my family was trying to plan me
a surprise party.

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And I'm like, I got to take over,
like he said, I'm extra,

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so I want to do things right.
If I'm gonna do it, it's gonna be amazing.

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So, I reached to him in January
and started planning with him.

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And I told him my ideals, which
was gonna be extra, and he knew that.

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[DiMango]
What was your idea?

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My color scheme was rose gold and black.
So, red walls would not work out at all.

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The picture of the red walls
is Exhibit One.

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Yeah, we're gonna see the red wall
on the screen. Why don't we put it up.

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There it is, it's red, white and black.

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Yeah, that wouldn't go with my theme.

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[DiMango] How many places do you go
where somebody says,

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all right, we'll repaint our place
for you. I mean, that's a little crazy.

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So, if he said no, then
that would've been my deal- breaker.

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- I'll go somewhere else.
- Did you tell him that?

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Yes, he know...
I'm not gonna even make a deal with...

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I'm not gonna continue forward.

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[DiMango] Did she tell you that she
wanted you to paint the red wall white?

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No. See, when she first came there,
she loved it.

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I have the messages to prove it.
When she first came to the venue,

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I was her tenth venue.
So, when she came to me,

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[DiMango] How would you even know
she went to ten venues?

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What do you do, run around all the venues
and check on people?

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People have posted it on Facebook
when she put up a nasty post about me,

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- and they posted it on there like...
- They... Not...

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[DiMango]
Do me a favor, don't talk to him.

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- Okay.
- [DiMango] So now,

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you say that she
never mentioned this to you

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and you know that from your text messages
that she never said paint the walls.

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No. She came into the venue.
She loved it so much.

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She didn't have no problem
with the red walls.

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I have messages saying hey,
I'm getting you more business.

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- Hey, can I invest with you?
- [DiMango] Is this true?

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I'm a entrepreneur. If there's
a opportunity to make money...

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One voice. So, the issue here is,
was there a contract

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that's valid and enforceable,
and two,

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whether or not one of you
breached that contract.

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The contract was never signed.

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If you're saying no...
Why didn't you sign the contract?

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'Cause it wasn't gonna be done until
we met in person. It was a paper contract.

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She's correct. 'Cause I read the contract
and it said that she could e-sign it,

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or she could sign it, or
if she did neither of those,

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she could wait until the party and
when she paid you the final down payment.

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However, you gave him a deposit
and you sent out flyers.

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So, that meant you were in a contract
with him.

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You weren't gonna not have a contract
with him and show up on your party

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and say I'd like some chairs and
I'd like a DJ and I'd like this...

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'Course not. So, we can deem... I can,

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that that contract
was indeed signed by you.

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- Okay.
- [DiMango] However,

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were there conditions that should've been
a part of that contract

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and that you didn't follow through with
or were unable to follow through with

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because you misrepresented your status
as an owner and not just a manager.

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- First...
- That's what we're looking at.

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Of course you say no,
that's why you're at that table.

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Absolutely.

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So, the red walls, first issue.

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I said, even on his posts,
like them red walls are crazy. Like...

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Nobody gonna do a party,
it's not gonna go with...

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You don't know. Maybe on Valentine's Day
somebody wants to have a party with red.

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Everybody only used the other room.
The other room was all white.

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You can't start redecorating his place.
I know you got a lot of ideas in your head

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but you can't redecorate his venue.
So, I can't imagine, one,

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that somebody would want to do that
or two, that you were in a position, sir,

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- to say that you could do that.
- He wasn't.

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- [DiMango] He wasn't.
- How? I'm the owner.

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No, you're not the owner because
there's a letter in here from the owner

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- which is on the last page, I believe...
- That's my partners. We're partners.

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- [Christina] She didn't say that.
- He didn't say that in there.

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It was that he or she was unaware
of the representations you made

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and that that was something that
could not be done, would not be done.

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That's the first issue. The second issue
is could she bring in her own liquor.

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Because that was the deal-breaker to her.
You claim, ma'am, Ms. Diabate,

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that you had been saving for six months
to bring all this liquor in.

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So, you're now gonna bring in this alcohol
and now you find out that you can't do it.

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- Two days before.
- Two days before.

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That's not true. She came to the venue,
I walked her around.

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I let her know, it's a cash bar here.
She said, oh, good, great.

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Good, I ain't gotta buy all this liquor
then. I ain't gotta do all this stuff...

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I don't know why you're saying all that

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because in here that doesn't appear
in any of the messages.

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That's not true, 'cause when
she spoke to me on the phone,

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this was a couple days before the party,
she was like Wykell, please, please...

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[DiMango]
All right, let me pause. Did you...

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00:07:59,033 --> 00:08:01,000
[laughs]

156
00:08:01,066 --> 00:08:03,800
Ms. Diabate, did you finally get
another venue?

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00:08:03,867 --> 00:08:06,300
- Did you have a great birthday party?
- I did and it was amazing,

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it was grand. It was everything
that I had imagined.

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00:08:09,934 --> 00:08:13,400
And... I mean, it was very stressful
'cause I had to turn everything around...

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It's a birthday party.
You're suing for $1,600.

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Can I show you my pictures?

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[DiMango]
You want to show us the pictures?

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00:08:19,600 --> 00:08:23,033
I had a fire dancer. I had champagne lady
pouring champagne...

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00:08:23,100 --> 00:08:25,633
We can look at a couple of pictures
up here, we have a couple.

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But let me ask you this because you're
saying $1,500 in emotional distress.

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I don't think you had
all that much stress... Is that you?

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You don't look too stressed out,
I want to say.

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it was 40 degrees. I had bubbles
'cause I was so scared and nervous.

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00:08:39,533 --> 00:08:41,232
But that's different.
That's a party nervous.

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That's not because he did anything to you.
That's just pre-jitters.

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Because I had to change everything so late
and do it just at the spur of the moment.

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- [DiMango] But you had a good party?
- It was amazing.

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You didn't get red walls, I see.
Black and your rose gold.

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That's the premises? That's the party?

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[Christina]
That's the upstairs. That's just one area.

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00:08:57,066 --> 00:09:00,200
All right, then. I think that we kind of
have an overview at least

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00:09:00,266 --> 00:09:03,533
at this point, until we
get further into it. Judge Levy.

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[theme music playing]

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00:09:05,533 --> 00:09:07,934
[narrator]
Coming up on Tribunal Justice...

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You bring in the alcohol, it's his venue.

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00:09:10,166 --> 00:09:15,500
And many of your guests are over served
with your alcohol, get into their car,

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00:09:15,567 --> 00:09:19,867
drive home and kill someone on
the way home. Who's responsible for that?

183
00:09:19,934 --> 00:09:20,934
I don't know.

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00:09:21,000 --> 00:09:23,734
They drunk the liquor.
Just like when you leave a bar.

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00:09:23,800 --> 00:09:24,967
So, that's what you think?

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00:09:31,567 --> 00:09:36,300
[narrator] Christina Diabate is suing
venue owner Wykell Brooks

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00:09:36,367 --> 00:09:39,900
for a birthday party deposit
and pain and suffering.

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00:09:39,967 --> 00:09:45,767
Wykell claims Christina cancelled two days
before the party and owes nothing.

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00:09:45,834 --> 00:09:48,900
Um, Ms. Diabate, you said
that this was the second venue.

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00:09:48,967 --> 00:09:52,066
The Defendant's venue was the second one.
Tell me about the first one.

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00:09:52,133 --> 00:09:53,667
it was just too small.

192
00:09:53,734 --> 00:09:58,200
So now, you say that the first venue
was too small.

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00:09:58,266 --> 00:10:02,100
When was it that you claim that
you signed up with the first venue?

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00:10:02,166 --> 00:10:04,800
Maybe a week before?

195
00:10:04,867 --> 00:10:07,500
And when you signed up,
did you sign a contract?

196
00:10:07,567 --> 00:10:08,567
I did.

197
00:10:08,633 --> 00:10:10,633
Even though you knew
it wasn't something that you wanted?

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00:10:10,700 --> 00:10:13,600
- Yeah.
- [Levy] Okay. So, it seems to me,

199
00:10:13,667 --> 00:10:16,433
you couldn't do the original 40th birthday
'cause of COVID.

200
00:10:16,500 --> 00:10:18,967
- So you had a lot of time to plan.
- No.

201
00:10:19,033 --> 00:10:22,200
What do you mean no? You knew you
wanted a 40th birthday party during COVID,

202
00:10:22,266 --> 00:10:24,400
- you couldn't have it during COVID...
- No.

203
00:10:24,467 --> 00:10:26,000
What are you shaking your head no?

204
00:10:26,066 --> 00:10:29,033
In January, my family tried to plan me
a surprise party.

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00:10:29,100 --> 00:10:32,033
Because I had been through so much
with my son passing in December.

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00:10:32,100 --> 00:10:34,567
I took over because I have
the take over spirit.

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00:10:34,633 --> 00:10:36,700
And that's how I ended up
planning my own party.

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00:10:36,767 --> 00:10:40,467
But this just started in January.
I wasn't planning no party for a year.

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00:10:40,533 --> 00:10:42,633
And you would agree with me,
would you not,

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00:10:42,700 --> 00:10:46,100
that a part of the stress you suffered
was self-imposed.

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00:10:46,165 --> 00:10:47,967
- Um...
- What do you mean "um"?

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00:10:48,033 --> 00:10:50,233
- It was supposed to be...
- What do you mean "um"?

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00:10:50,300 --> 00:10:52,734
Nothing prevented you, right...
We already know that this

214
00:10:52,800 --> 00:10:54,467
wasn't your 40th birthday party, right?

215
00:10:54,533 --> 00:10:56,867
Because your 40th birthday
was a year prior.

216
00:10:56,934 --> 00:11:01,300
So, nothing prevented you from having
the birthday party instead of March,

217
00:11:01,367 --> 00:11:04,600
You coulda had it in April.
You coulda had it in October.

218
00:11:04,667 --> 00:11:07,400
It wasn't going to be
a 40th birthday party anyway. Right?

219
00:11:07,467 --> 00:11:08,734
- [laughs] Yeah.
- [Levy] Right.

220
00:11:08,800 --> 00:11:11,867
But what you did is, you decided,
once your family told you

221
00:11:11,934 --> 00:11:13,900
- they were gonna throw a party for you...
- Mm-hmm.

222
00:11:13,967 --> 00:11:16,300
'Cause you're a type-A personality
I'm getting a sense.

223
00:11:16,367 --> 00:11:18,867
You took it over for yourself,
and you rushed it.

224
00:11:18,934 --> 00:11:20,000
Not rushed.

225
00:11:20,066 --> 00:11:22,900
[Levy] Really? So, you know
March 12th is the date that you want.

226
00:11:22,967 --> 00:11:27,000
You only pick the date of your first venue
two weeks prior.

227
00:11:27,066 --> 00:11:28,333
That was January, right?

228
00:11:28,400 --> 00:11:32,233
So, you gotta put together an entire party
for how many people, 150 people?

229
00:11:32,300 --> 00:11:33,333
It would've been 300.

230
00:11:33,400 --> 00:11:37,834
Three hundred people in eight weeks.
Okay. And are you really telling me

231
00:11:37,900 --> 00:11:42,266
that that wasn't a self-imposed stress?
'Cause you want this man to pay you

232
00:11:42,333 --> 00:11:45,567
for emotional pain and suffering
and stress

233
00:11:45,633 --> 00:11:48,033
to the tune of a thousand dollars?
Two thousand dollars?

234
00:11:48,100 --> 00:11:50,567
It's ridiculous. Do you not see that?

235
00:11:50,633 --> 00:11:52,633
- [Christina] Um... I guess so, yeah.
- Um?

236
00:11:52,700 --> 00:11:54,834
Yeah. Okay, so we can do away
with that maybe.

237
00:11:54,900 --> 00:11:56,233
Okay. [laughs]

238
00:11:56,300 --> 00:11:59,066
You said that you were willing to invest.
Again, I listen.

239
00:11:59,133 --> 00:12:02,000
You said that you were willing to invest
when you first spoke to the Defendant,

240
00:12:02,066 --> 00:12:04,834
in his business. So, something about
what you knew of the Defendant

241
00:12:04,900 --> 00:12:07,600
from your past led you to believe
that this was a person

242
00:12:07,667 --> 00:12:10,734
who you felt comfortable investing
your hard- earned money in.

243
00:12:10,800 --> 00:12:14,033
Yeah, it was a great even space.
They make money.

244
00:12:14,100 --> 00:12:17,767
Right, sure they do.
And part of the ways they make money

245
00:12:17,834 --> 00:12:20,367
is by having bars and
selling alcohol at parties.

246
00:12:20,433 --> 00:12:22,300
- No.
- That's not how they make money?

247
00:12:22,367 --> 00:12:25,734
No, most spaces you bring your own liquor,
like my space that I went here.

248
00:12:25,800 --> 00:12:28,166
- [Levy] Really? Is that true?
- Yeah. Yes.

249
00:12:28,233 --> 00:12:31,033
What information that you are aware of
that you can enlighten me about

250
00:12:31,100 --> 00:12:35,266
as to what is necessary in New Jersey,
which is where this case stems from,

251
00:12:35,333 --> 00:12:38,967
that you have to go through locally,
licensing, insurance-wise,

252
00:12:39,033 --> 00:12:41,800
in order to bring alcohol to a party.
Why don't you enlighten me.

253
00:12:41,867 --> 00:12:43,934
Every party I ever went to,
we have our own liquor.

254
00:12:44,000 --> 00:12:46,266
We have our own bar set up.
That's New Jersey.

255
00:12:46,333 --> 00:12:48,667
So, that's just...
I know, I'm an East Coast guy.

256
00:12:48,734 --> 00:12:50,100
I know exactly how it works.

257
00:12:50,165 --> 00:12:53,433
You just don't bring in alcohol
to a party. What happens, for instance,

258
00:12:53,500 --> 00:12:57,433
you bring in the alcohol, it's his venue.
And you bring in that alcohol

259
00:12:57,500 --> 00:13:01,633
and many of your guests
are over served with your alcohol,

260
00:13:01,700 --> 00:13:05,633
get into their car, drive home
and kill someone on the way home.

261
00:13:05,700 --> 00:13:08,700
Who's responsible for that?
I don't know.

262
00:13:08,767 --> 00:13:11,567
They drunk the liquor.
Just like when you leave a bar.

263
00:13:11,633 --> 00:13:15,667
So, that's what you think? You think that
the only person who would be responsible

264
00:13:15,734 --> 00:13:17,834
is the person who
actually drank the alcohol

265
00:13:17,900 --> 00:13:20,800
who killed someone behind the wheel
of a car. That's what you think?

266
00:13:20,867 --> 00:13:22,734
I just know every even that we planned...

267
00:13:22,800 --> 00:13:25,967
Let me explain something. You're wrong.
Ma'am, you're wrong.

268
00:13:26,033 --> 00:13:29,000
The law is that whoever serves the alcohol
is responsible.

269
00:13:29,066 --> 00:13:31,567
That's why you need licensing
and insurance.

270
00:13:31,633 --> 00:13:32,867
- That's why.
- Okay.

271
00:13:32,934 --> 00:13:35,233
But you see, you're the one,
according to your complaint,

272
00:13:35,300 --> 00:13:37,100
who rents out
all of these different venues.

273
00:13:37,165 --> 00:13:38,633
- [Christina] I do.
- And you don't know that.

274
00:13:38,700 --> 00:13:41,734
Explain to me how you don't know that
with all the experience you have.

275
00:13:41,800 --> 00:13:44,033
I've never had a issue.
No other owner has ever...

276
00:13:44,100 --> 00:13:47,934
That's because but for the grace of God,
no one at one of your other parties

277
00:13:48,000 --> 00:13:51,367
that you went to, went behind the wheel
after being over served

278
00:13:51,433 --> 00:13:54,066
and hit and killed someone.
That's why.

279
00:13:54,133 --> 00:13:56,667
You said the deal-breakers were
the red walls and the liquor.

280
00:13:56,734 --> 00:13:59,066
Can we put up the red walls again, please?

281
00:13:59,133 --> 00:14:03,066
What prevented you from putting up
white sheets or black sheets

282
00:14:03,133 --> 00:14:04,633
or hanging it from the ceiling?

283
00:14:04,700 --> 00:14:07,266
It would have cost an extra $1,000
to cover the walls.

284
00:14:07,333 --> 00:14:11,433
[Levy] You're saying that as a result
of you not wanting to spend the money,

285
00:14:11,500 --> 00:14:15,266
to redo that room, that you were
willing to cancel the contract,

286
00:14:15,333 --> 00:14:17,667
even though you say that
there was no signed contract.

287
00:14:17,734 --> 00:14:20,000
I'm telling you right now,
you were told a price,

288
00:14:20,066 --> 00:14:22,367
- you gave a deposit, there's a contract.
- Okay.

289
00:14:22,433 --> 00:14:25,834
All right. So, with respect to that venue,
nothing prevented you from

290
00:14:25,900 --> 00:14:29,800
going in there and putting black sheets
or black covering over the red.

291
00:14:29,867 --> 00:14:31,000
Why did I have to do that?

292
00:14:31,066 --> 00:14:33,567
Didn't you go and get fire dancers
for your other party?

293
00:14:33,633 --> 00:14:34,633
Fire dancers...

294
00:14:34,700 --> 00:14:37,300
I had fire dancers for that party.
They were gonna be in there too.

295
00:14:37,367 --> 00:14:39,165
I didn't see anything about
fire dancers there.

296
00:14:39,233 --> 00:14:42,967
So, you went out and
did things on your own for the party,

297
00:14:43,033 --> 00:14:45,667
in addition to what he was gonna do.
So, what prevented you then

298
00:14:45,734 --> 00:14:49,133
from changing this red wall
to a black wall or a white wall?

299
00:14:49,200 --> 00:14:50,467
Did he say you couldn't do that?

300
00:14:50,533 --> 00:14:53,500
No. He shoulda... It shoulda been
his responsibility, not mine.

301
00:14:53,567 --> 00:14:56,400
Okay. I understand.
I have nothing further. Judge Acker?

302
00:14:56,467 --> 00:15:00,700
I'm trying to get my head around
a situation where someone says,

303
00:15:00,767 --> 00:15:06,467
I'm going to rent a venue, paint it,
bring in all my own liquor,

304
00:15:06,533 --> 00:15:09,367
and if you don't let me do
all of those things,

305
00:15:09,433 --> 00:15:12,367
I can cancel two days
before my engagement.

306
00:15:12,433 --> 00:15:15,200
And plus, you're gonna give me
some extra money because I'm sad.

307
00:15:15,266 --> 00:15:19,967
I mean, that really is the gist
of your lawsuit. I want to make sure...

308
00:15:20,033 --> 00:15:22,834
Do you understand what your burden is
in this case?

309
00:15:22,900 --> 00:15:24,600
My pain and suffering...

310
00:15:24,667 --> 00:15:26,400
- [Acker] You are the Plaintiff.
- Right.

311
00:15:26,467 --> 00:15:31,066
You went to court, you swore out a number
of allegations against this gentleman.

312
00:15:31,133 --> 00:15:34,533
You suggest that he doesn't own
the business. He breached the contract.

313
00:15:34,600 --> 00:15:38,633
He didn't let you paint the facility.
He didn't let you bring in the liquor.

314
00:15:38,700 --> 00:15:43,333
So therefore, according to you,
two days before your engagement,

315
00:15:43,400 --> 00:15:45,533
you're entitled to all of your money back.

316
00:15:45,600 --> 00:15:47,667
When did you first reach out
to Mr. Brooks?

317
00:15:47,734 --> 00:15:50,100
January, you mean to start planning...

318
00:15:50,165 --> 00:15:51,467
- [Acker] In January.
- Yeah.

319
00:15:51,533 --> 00:15:55,734
[Acker] So January, you reach out to him.
You don't sign the contract.

320
00:15:55,800 --> 00:15:57,767
But you know he's preparing for the party.

321
00:15:57,834 --> 00:15:59,633
- Right? Which means,
- But if...

322
00:15:59,700 --> 00:16:04,800
[Acker] you knew he was relying on your
word that there was gonna be a party.

323
00:16:04,867 --> 00:16:06,200
- Uh, Mr. Brooks...
- Yes.

324
00:16:06,266 --> 00:16:09,800
tell us between January,
when the Plaintiff first contacted you,

325
00:16:09,867 --> 00:16:11,100
- and March 10th,
- Yes.

326
00:16:11,166 --> 00:16:13,433
- when she cancelled the party...
- Everything was paid for.

327
00:16:13,500 --> 00:16:15,000
how much money did you spend?

328
00:16:15,066 --> 00:16:18,700
Out of pocket, I spent a total of $1,780.

329
00:16:18,767 --> 00:16:21,000
[Acker] One thousand,
seven hundred eighty dollars.

330
00:16:21,066 --> 00:16:22,867
- Yes.
- And how much did you receive?

331
00:16:22,934 --> 00:16:25,200
- I received $1,600.
- [Acker] Sixteen hundred.

332
00:16:25,266 --> 00:16:27,033
No, I did not...

333
00:16:27,100 --> 00:16:30,734
You think you can cancel a party two days
before and get all of your money back.

334
00:16:30,800 --> 00:16:34,433
So, Ms. Diabate, let's go back
to your burden of proof in this case.

335
00:16:34,500 --> 00:16:35,500
Okay.

336
00:16:35,567 --> 00:16:36,633
[theme music playing]

337
00:16:36,700 --> 00:16:38,700
[narrator]
Coming up on Tribunal Justice...

338
00:16:38,767 --> 00:16:42,000
What do you want to do?
I said I'm not painting my place.

339
00:16:42,066 --> 00:16:45,133
I have to assume, Mr. Brooks,
that this is not a charity.

340
00:16:45,200 --> 00:16:47,066
Like, you're actually
trying to make money.

341
00:16:47,133 --> 00:16:48,967
- Absolutely.
- Trying to make extra money.

342
00:16:49,033 --> 00:16:51,367
He should make all...
I hope you make all the money

343
00:16:51,433 --> 00:16:54,300
that you can in a reasonable
and honest way.

344
00:16:54,367 --> 00:16:56,266
Good on you for trying to make some money.

345
00:17:00,967 --> 00:17:02,900
[theme music playing]

346
00:17:04,532 --> 00:17:07,633
You're suing him
for reimbursement of the deposit.

347
00:17:07,700 --> 00:17:11,900
In order to get that, you need to show
that he breached the contract.

348
00:17:11,967 --> 00:17:17,733
So, show me something where he says to you
I am going to paint my walls

349
00:17:17,800 --> 00:17:20,000
a different color for you
on your one-night party.

350
00:17:20,066 --> 00:17:22,633
Actually, 'cause it was a verbal agreement

351
00:17:22,700 --> 00:17:24,700
- that we agreed to...
- [Acker] It's your burden.

352
00:17:24,767 --> 00:17:27,266
So, how would I prove that
if it's a verbal agreement?

353
00:17:27,333 --> 00:17:29,767
Just like the alcohol.
There's nothing written in the contract

354
00:17:29,834 --> 00:17:32,266
saying that I'm supposed to pay
for alcohol to be...

355
00:17:32,333 --> 00:17:35,100
The contract, I note,
is silent as to that,

356
00:17:35,166 --> 00:17:38,400
but as Judge Levy pointed out,
and as the Defendant pointed out,

357
00:17:38,467 --> 00:17:42,633
there are other rules that are in play
regarding bringing alcohol into a venue.

358
00:17:42,700 --> 00:17:48,133
And certainly, no owner of any premises
is gonna be required to break the law

359
00:17:48,200 --> 00:17:51,100
because somebody who's extra
wants to bring in her own stuff.

360
00:17:51,166 --> 00:17:54,633
So, why was I able to bring it there,
or everywhere else I've been?

361
00:17:54,700 --> 00:17:57,633
I don't know about everywhere else.
Your burden, your lack of proof.

362
00:17:57,700 --> 00:18:00,667
I don't know about anywhere else.
Now, Mr. Brooks,

363
00:18:00,734 --> 00:18:02,734
- Yes.
- [Acker] it's the Plaintiff's position

364
00:18:02,800 --> 00:18:07,333
that she was very clear with you about
the walls, the problem with the walls.

365
00:18:07,400 --> 00:18:11,567
What did she say to you when she came in
and saw what the premises looked like?

366
00:18:11,633 --> 00:18:14,600
Okay. So, when she came in,
she had no problem with the red wall.

367
00:18:14,667 --> 00:18:15,667
Not true.

368
00:18:15,734 --> 00:18:19,533
During the course of the calling and
texting, she wanted to meet down there

369
00:18:19,600 --> 00:18:22,700
and that she changed her colors
to rose gold and black.

370
00:18:22,767 --> 00:18:24,300
She came down there
and met me and said,

371
00:18:24,367 --> 00:18:26,333
I changed my colors
to rose gold and black.

372
00:18:26,400 --> 00:18:28,433
- And this red ain't gonna work.
- Oh, my God!

373
00:18:28,500 --> 00:18:32,400
So, I said, well, what do you want to do?
I said, we could put some drapes,

374
00:18:32,467 --> 00:18:34,433
like she said. That was an option,
I gave her that option.

375
00:18:34,500 --> 00:18:37,633
I said we can maybe drape it,
but I'm not painting my place...

376
00:18:37,700 --> 00:18:41,367
I mean, I have to assume, Mr. Brooks,
that this is not a charity.

377
00:18:41,433 --> 00:18:43,367
Like, you're actually
trying to make money.

378
00:18:43,433 --> 00:18:45,266
- Absolutely!
- Trying to make extra money.

379
00:18:45,333 --> 00:18:47,934
He should make... I hope you make all
the money that you can

380
00:18:48,000 --> 00:18:49,000
Thank you.

381
00:18:49,066 --> 00:18:52,467
in a reasonable and honest way.
Good on you for trying to make some money.

382
00:18:52,533 --> 00:18:55,600
And so, to me,
what was really counterintuitive,

383
00:18:55,667 --> 00:18:59,800
was the notion of renting out of premise,
because again, as I understand it,

384
00:18:59,867 --> 00:19:04,433
a lot of what event rentals do...
Like, you don't make money on the space.

385
00:19:04,500 --> 00:19:05,667
- No.
- You make money where?

386
00:19:05,734 --> 00:19:07,600
- [Acker] On the bar.
- At the bar. Absolutely.

387
00:19:07,667 --> 00:19:11,667
So, Ms. Diabate, I'm gonna end
where I started, which is

388
00:19:11,734 --> 00:19:14,900
that it's your burden of proof.
He didn't really have to say anything.

389
00:19:14,967 --> 00:19:17,266
You're the one who has to prove
the elements of your case.

390
00:19:17,333 --> 00:19:19,033
And I'll let you have the last word.

391
00:19:19,100 --> 00:19:21,066
Is there something
you'd like to conclude with?

392
00:19:21,133 --> 00:19:25,000
Nothing. Um, he was very thirsty. He knew
I was gonna have a lot of people there.

393
00:19:25,066 --> 00:19:28,500
He wanted to make more money.
He took advantage of the situation and...

394
00:19:28,567 --> 00:19:32,734
I think "thirsty" is a little pejorative.
I think an energetic eager capitalist.

395
00:19:32,800 --> 00:19:35,200
- That's how I'm gonna see it.
- I'm a super entrepreneur.

396
00:19:35,266 --> 00:19:36,266
I have nothing further. Thank you.

397
00:19:36,333 --> 00:19:39,100
That's why you got complaints
in New Jersey and Elizabeth.

398
00:19:39,166 --> 00:19:43,300
Ms. Diabate, please. We're gonna
retire to deliberate at this time.

399
00:19:43,367 --> 00:19:46,233
Court now stands in recess.
Parties are excused.

400
00:19:46,300 --> 00:19:48,834
[theme music playing]

401
00:19:49,367 --> 00:19:54,133
So, let me tell you why I think
that the hybrid bridezilla, Karen,

402
00:19:54,200 --> 00:19:57,467
should not recover anything.
First of all, what I was saying,

403
00:19:57,533 --> 00:19:59,967
I didn't see any texts,
because there weren't any texts

404
00:20:00,033 --> 00:20:02,800
regarding any of the items
that she discussed.

405
00:20:02,867 --> 00:20:04,400
The red walls, the liquor...

406
00:20:04,467 --> 00:20:05,467
The deal-breakers.

407
00:20:05,533 --> 00:20:08,767
Yeah. So, there was nothing
to reflect that. There was a contract.

408
00:20:08,834 --> 00:20:12,600
I mean, she gave a deposit,
she went and met, she went back and forth,

409
00:20:12,667 --> 00:20:16,266
she discussed all of these things.
So, whether or not they were deal-breakers

410
00:20:16,333 --> 00:20:18,166
in her head, maybe,
but the bottom line is,

411
00:20:18,233 --> 00:20:20,800
she didn't have an agreement with him
that he was going to paint

412
00:20:20,867 --> 00:20:24,734
or do anything else. As to the alcohol
that she was saving up for six months,

413
00:20:24,800 --> 00:20:27,967
I don't see how, under any circumstances,
she should be allowed

414
00:20:28,033 --> 00:20:30,867
to bring in her own liquor.
I don't think she's entitled to anything.

415
00:20:30,934 --> 00:20:32,767
I'm trying to think if there's anything
I left out.

416
00:20:32,834 --> 00:20:34,900
I think that he should keep
whatever she gave him.

417
00:20:34,967 --> 00:20:36,800
He laid out of pocket more than that.

418
00:20:36,867 --> 00:20:41,467
It seemed to me, from listening to her,
that she was prepared to come in today

419
00:20:41,533 --> 00:20:45,433
and say hey, I didn't sign any contract.
I want my money back.

420
00:20:45,500 --> 00:20:50,066
I'm not just limited to the $200
non-refundable portion that was mentioned,

421
00:20:50,133 --> 00:20:53,967
I want the full $1,600 back
because there was no signed contract.

422
00:20:54,033 --> 00:20:56,834
And as I think that
we made it extremely clear to her,

423
00:20:56,900 --> 00:21:00,100
there doesn't have to be a signed contract
if there was an agreement

424
00:21:00,166 --> 00:21:03,867
and reliance and consideration and
the rest, which is all what happened here.

425
00:21:03,934 --> 00:21:07,900
Especially when she paid her money,
$600 deposit,

426
00:21:07,967 --> 00:21:12,066
the very first day she saw the venue
and then $1,000 soon thereafter.

427
00:21:12,133 --> 00:21:16,333
So, the $1,500 that she wants for pain
and suffering, obviously it's gone.

428
00:21:16,400 --> 00:21:20,000
And for the $1,600
for the reimbursement of her refund,

429
00:21:20,066 --> 00:21:22,567
for reasons that you stated,
I agree. Dismissed.

430
00:21:22,633 --> 00:21:25,066
I think it's a little bit bad faith
on her part, frankly,

431
00:21:25,133 --> 00:21:28,133
to come to court and say,
I should get all of my money back

432
00:21:28,200 --> 00:21:32,433
because I didn't sign this contract.
Oh, and I cancelled it two days before

433
00:21:32,500 --> 00:21:34,767
when I know that you spent money.

434
00:21:34,834 --> 00:21:37,300
Like, she had to know
he was gonna lay out money.

435
00:21:37,367 --> 00:21:39,767
I agree with you both.
I think we should dismiss quickly.

436
00:21:39,834 --> 00:21:43,533
We are unanimous in sending her home.

437
00:21:43,600 --> 00:21:44,667
All right.

438
00:21:44,734 --> 00:21:46,767
[theme music playing]

439
00:21:47,700 --> 00:21:51,033
Court is back in session. Parties
are reminded you're still under oath.

440
00:21:51,100 --> 00:21:54,100
Thank you, Byrd. Karen,
I mean, Ms. Diabate...

441
00:21:55,400 --> 00:21:58,233
Ma'am, you cannot go into a location
and say,

442
00:21:58,300 --> 00:22:01,633
let's repaint the walls and expect that
that's going to happen.

443
00:22:01,700 --> 00:22:04,333
I could. And he agreed to it.

444
00:22:04,400 --> 00:22:05,700
You're gonna keep talking?

445
00:22:05,767 --> 00:22:07,700
I'm over it, he won. He... go ahead.

446
00:22:07,767 --> 00:22:10,066
- This is what you dealt with.
- Absolutely.

447
00:22:10,133 --> 00:22:12,834
[DiMango] We ask questions up here,
but we know what we're doing.

448
00:22:12,900 --> 00:22:16,700
And so, the way it might seem to you
maybe isn't always the way it is.

449
00:22:16,767 --> 00:22:21,300
The bottom line here is, we found
that she did not meet her burden of proof.

450
00:22:21,367 --> 00:22:23,700
There is no evidence.
There's not a single text message,

451
00:22:23,767 --> 00:22:27,567
nothing in the contract
that she manipulatively didn't sign,

452
00:22:27,633 --> 00:22:29,934
to show that you agreed
to any of the conditions

453
00:22:30,000 --> 00:22:33,767
that she thinks were crucial to finding
that there was a valid contract here.

454
00:22:33,834 --> 00:22:35,667
Her emotional distress...

455
00:22:35,734 --> 00:22:38,633
Clearly this is not a woman
who easily stresses emotionally.

456
00:22:38,700 --> 00:22:40,333
I'm stressed right now.

457
00:22:40,400 --> 00:22:42,800
She had a great party, in any event,
according to her.

458
00:22:42,867 --> 00:22:46,166
The bottom line here is,
we have looked at all of the evidence

459
00:22:46,233 --> 00:22:49,867
as you well can see.
So, based on all of that,

460
00:22:49,934 --> 00:22:54,867
and everything that we're seeing in here
now, your case is unanimously dismissed.

461
00:22:54,934 --> 00:22:56,700
[Wykell]
Thank you, Your Honor, thank you.

462
00:22:56,767 --> 00:22:57,834
Great.

463
00:22:57,900 --> 00:23:00,200
And nobody still don't like me,
so what.

464
00:23:00,266 --> 00:23:01,333
[Byrd]
You may step out.

465
00:23:06,367 --> 00:23:10,200
He's a habitual liar. Nobody does business
with him anymore because of that.

466
00:23:10,266 --> 00:23:14,533
He has... did a lot of shady business in
Elizabeth, New Jersey, where we're from.

467
00:23:14,600 --> 00:23:17,600
Hey, the truth is finally out. You know,
this is what I came here for.

468
00:23:17,667 --> 00:23:20,667
You know, don't waste my time.
I just wanted people to see

469
00:23:20,734 --> 00:23:23,567
from the other side of the end.
A lot of talk was going on.

470
00:23:23,633 --> 00:23:25,300
Social media, trying to bad mouth me.

471
00:23:25,367 --> 00:23:29,066
He was gonna paint the wall.
He even said it, like two weeks before.

472
00:23:29,133 --> 00:23:32,800
It went my way, like it knew it would go.
I'm happy. I hope that she's blessed.

473
00:23:32,867 --> 00:23:34,333
And I hope she has a blessed life.

474
00:23:34,400 --> 00:23:36,967
I couldn't bring my liquor.
I brung my liquor at the party that I had

475
00:23:37,033 --> 00:23:40,834
which was fabulous.
He coulda never, never gave...

476
00:23:40,900 --> 00:23:44,500
Actually, at her party,
the one that she had, it got stopped.

477
00:23:44,567 --> 00:23:48,033
There were so many fights,
people got knocked out. It got stopped.

478
00:23:48,100 --> 00:23:51,200
A wonderful time. It was banging.
It was cute.

479
00:23:51,266 --> 00:23:54,066
She didn't have a good party.
But she's up here with this face...

480
00:23:54,133 --> 00:23:55,800
But look, let's not talk bad
about a woman.

481
00:23:55,867 --> 00:23:58,700
Let's let her be great.
'Cause we won over here.

482
00:23:59,734 --> 00:24:04,600
[narrator] Need to take someone to court?
Let Tribunal Justice decide your case.

483
00:24:04,667 --> 00:24:07,600
Find us on social media
at Tribunal Justice.

484
00:24:07,667 --> 00:24:09,533
[theme music playing]