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00:00:00,467 --> 00:00:03,467
You said it was okay for him to use
your credit card.

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00:00:03,533 --> 00:00:05,300
Absolutely untrue.

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00:00:05,400 --> 00:00:07,900
She is saying you stole from her.

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00:00:07,967 --> 00:00:08,834
But I didn't.

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You're not gonna listen, are you?

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00:00:10,000 --> 00:00:11,767
-No, I'm not gonna listen to you repeat--
-What I'm trying to say is--

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00:00:11,834 --> 00:00:14,333
No, no. Stop. Stop it!

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You messed with the wrong senior.

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00:00:17,433 --> 00:00:19,934
[announcer]
Today on Tribunal Justice.

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00:00:20,000 --> 00:00:21,633
[theme music playing]

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[announcer] This case was filed
in Santa Ana, California.

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Your Honor, this is case number 1068
on the calendar

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00:00:47,500 --> 00:00:50,400
in the matter of Feuers versus Presti.

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Parties have been sworn in.
You may be seated.

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00:00:52,934 --> 00:00:54,734
-Thank you, Byrd.
-[Byrd] You're welcome, Judge.

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00:00:54,800 --> 00:00:57,000
[Patricia]
Ms. Feuers.

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00:00:57,066 --> 00:01:00,734
And ma'am, your name is Joelda Tomlinson.

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00:01:00,800 --> 00:01:02,133
-Is that correct?
-Yes.

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00:01:02,200 --> 00:01:07,266
And just so the record is clear,
you are an aide to Ms. Feuers, correct?

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00:01:07,333 --> 00:01:08,233
Yes.

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00:01:08,300 --> 00:01:12,133
Okay, Ms. Feuers, defendant
is a contractor that you hired.

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00:01:12,200 --> 00:01:15,433
He was actually friends of Ms. Tomlinson,
your assistant.

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00:01:15,500 --> 00:01:18,200
And you say that because of the friendship
he had with her,

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he was always telling you, "If you need
anything fixed, I'll fix it for free."

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00:01:22,700 --> 00:01:27,734
And so you did go to him one day in April
and you asked if he could fix a leak

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00:01:27,800 --> 00:01:29,265
inside your wall.

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He agreed to do that.

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He went to you at first for a check, $964.

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00:01:35,600 --> 00:01:40,166
And then he said to you,
"I need more money for some materials."

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00:01:40,233 --> 00:01:43,133
At that point,
you gave him your credit card.

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00:01:43,200 --> 00:01:46,300
After he fixed the leak,
you got a credit card bill

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00:01:46,366 --> 00:01:51,834
and you realized that here were charges
amounting to more than $1,400.

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00:01:51,900 --> 00:01:56,900
For instance, gas for his car,
a backpack, a Wi-Fi extender.

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00:01:56,967 --> 00:02:00,367
You say he even charged you $3,900

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for a tool that he never used.

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00:02:03,967 --> 00:02:08,366
You called the credit card company
challenging that bill

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00:02:08,433 --> 00:02:11,000
and they returned the money to you.

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00:02:11,066 --> 00:02:16,266
You say that on top of all of this,
you discovered that he was not licensed.

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00:02:16,333 --> 00:02:21,133
So you want return of your check for $964

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00:02:21,200 --> 00:02:26,066
and the other $1,438 that he charged
on your credit card.

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00:02:26,133 --> 00:02:30,600
The total of your lawsuit is $2,384.

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00:02:30,667 --> 00:02:34,500
Mr. Presti, you say that first
you installed security cameras

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00:02:34,567 --> 00:02:35,800
and you did that for free.

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00:02:35,867 --> 00:02:37,767
And then they both came to you basically

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00:02:37,834 --> 00:02:40,266
and said they had a leak
that they wanted fixed.

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00:02:40,333 --> 00:02:43,500
You said that everything
was gonna cost about $3,000.

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00:02:43,567 --> 00:02:47,900
You asked her for 945 or so
to pay your workers.

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00:02:47,966 --> 00:02:50,166
You came across a tool
that would fix the leak.

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00:02:50,233 --> 00:02:53,934
You said, "Give me $3,900
and I will give you

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00:02:54,000 --> 00:02:56,633
a lifetime of free plumbing."

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00:02:56,700 --> 00:02:57,667
Basically.

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00:02:57,734 --> 00:03:01,433
[Patricia] You say that she agreed,
she gave you her credit card

53
00:03:01,500 --> 00:03:04,867
because she wanted
to get frequent flyer mileage.

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00:03:04,934 --> 00:03:07,166
And the other purchases
you say were for her.

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00:03:07,233 --> 00:03:08,166
Amen.

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00:03:08,233 --> 00:03:09,934
[Patricia]
You say weeks later she came to you

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00:03:10,000 --> 00:03:12,066
and said that you overcharged
her credit card

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and she called the police on you.

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You owe her nothing.

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00:03:15,100 --> 00:03:17,600
Out of curiosity,
were you ever arrested for anything?

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00:03:17,667 --> 00:03:19,233
-Oh, no.
-[Patricia] Okay.

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00:03:19,300 --> 00:03:21,633
Now, you purchase

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00:03:21,700 --> 00:03:25,633
a $3,900 tool

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00:03:25,700 --> 00:03:30,066
that you tried to charge
this woman for

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00:03:30,133 --> 00:03:34,066
with a promise that, one,
it would fix her leak,

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00:03:34,133 --> 00:03:37,667
but two, that you would give her

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00:03:37,734 --> 00:03:41,433
a lifetime of free plumbing.

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00:03:41,500 --> 00:03:43,333
She is a senior.

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00:03:43,400 --> 00:03:46,600
How much plumbing do you think
she's gonna need done, sir?

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00:03:46,667 --> 00:03:48,900
Well, let me see if I can clarify this.

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00:03:48,966 --> 00:03:54,033
I have been doing work in this community
for five years.

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00:03:54,100 --> 00:03:55,700
-Mm-hmm.
-[Jim] Okay?

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00:03:55,767 --> 00:03:59,500
I met Joelda while
she was walking the dog.

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00:03:59,567 --> 00:04:00,967
-We became friends.
-[Patricia] Mm-hmm.

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00:04:01,033 --> 00:04:03,734
She asked for the cameras.
I did the cameras.

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00:04:03,800 --> 00:04:05,834
-[Patricia] Mm-hmm.
-She said, "Jim, how much is it?"

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00:04:05,900 --> 00:04:08,567
And I said, "Honey, no charge.
Don't worry about it."

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00:04:08,633 --> 00:04:11,967
That was Ms. Feuers.
I didn't charge her anything.

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00:04:12,033 --> 00:04:15,533
When the plumbing issue came,
Joelda had called me and said,

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00:04:15,600 --> 00:04:18,266
"Jim, can you come over
and take a look at our plumbing?"

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00:04:18,332 --> 00:04:19,632
And I said, "Okay."

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00:04:19,700 --> 00:04:24,567
So I went over and she said, "I hear water
running through the upstairs."

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00:04:24,633 --> 00:04:27,867
So I called the Department of Water
and Power, had them come out.

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00:04:27,934 --> 00:04:30,600
They said,
"Oh, this is a leak detection case.

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00:04:30,667 --> 00:04:34,100
You're gonna have to hire a plumber
to do that and have the leak detection."

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00:04:34,166 --> 00:04:37,834
So I said, "Okay, shut off the water
for two weeks."

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00:04:37,900 --> 00:04:39,066
-Pause. Pause.
-I went--

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00:04:39,133 --> 00:04:40,933
[Patricia]
Ms. Feuers, I wanna know,

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00:04:41,000 --> 00:04:44,500
were you there for that conversation
that he just testified to?

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00:04:44,567 --> 00:04:49,533
The conversation about needing a plumber?
No. No.

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00:04:49,600 --> 00:04:53,900
He said that he was a plumber.
He could fix the leak.

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00:04:53,967 --> 00:04:56,066
-Did he fix the plumbing?
-[Stelle] Yes.

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00:04:56,133 --> 00:05:00,767
Okay, and did you pay him $964

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00:05:00,834 --> 00:05:03,066
in this check
to fix the plumbing?

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00:05:03,133 --> 00:05:04,333
[Stelle]
Well, so he said.

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00:05:04,400 --> 00:05:08,367
He never gave me any receipts
or described to me

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00:05:08,433 --> 00:05:10,066
-what that money was for.
-But did you pay this to him?

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00:05:10,133 --> 00:05:12,266
-This is the money you gave him?
-Yes.

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00:05:12,333 --> 00:05:15,633
How long was he there for
trying to fix the plumbing?

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00:05:15,700 --> 00:05:20,000
I would say, uh, a half of two,
of each of two days.

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00:05:20,066 --> 00:05:21,567
-[Patricia] Okay.
-And he fixed it.

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00:05:21,633 --> 00:05:25,367
Now, with regard to the other items
charged on the credit card,

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00:05:25,433 --> 00:05:28,300
I looked through those items
very carefully, sir,

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00:05:28,367 --> 00:05:32,800
and I'm trying to figure out
why it was that you needed to charge

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00:05:32,867 --> 00:05:34,367
some of the things that you did.

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00:05:34,433 --> 00:05:37,500
For instance, what does she need
with a knapsack?

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00:05:37,567 --> 00:05:39,100
I didn't buy a knapsack.

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00:05:39,166 --> 00:05:40,467
[Patricia]
Yeah, you did.

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00:05:40,533 --> 00:05:42,967
It also says that you bought gas
for your car.

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00:05:43,033 --> 00:05:45,767
Why would she need to pay
for the gas to your car?

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00:05:48,200 --> 00:05:49,700
I don't know what you look
surprised about.

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00:05:49,767 --> 00:05:52,967
At $7 a gallon,
how am I gonna pay?

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That bill would've been 10,000
if I would've done it.

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00:05:56,533 --> 00:05:59,533
I told her originally...

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00:05:59,600 --> 00:06:01,567
She said, "Can I pay by credit card?"

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00:06:01,633 --> 00:06:04,600
I said,
"I don't have my credit card reader,

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00:06:04,667 --> 00:06:07,333
so, no, I don't take credit cards.

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00:06:07,400 --> 00:06:10,633
And how are you gonna pay for the material
on a credit card?"

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00:06:10,700 --> 00:06:13,900
-She said, "I'll give you my credit card."
-Yeah. Nobody's disputing that.

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00:06:13,967 --> 00:06:16,834
I said, "Oh, no, no. Excuse me, ma'am,
I refuse to take a credit card."

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00:06:16,900 --> 00:06:20,300
But you took it and you charged things
on it. Yes or no?

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00:06:20,367 --> 00:06:21,667
[Jim]
By her, um--

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00:06:21,734 --> 00:06:23,400
What did she need a knapsack for?

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00:06:23,467 --> 00:06:24,934
'Cause you charged a knapsack.

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00:06:25,000 --> 00:06:28,233
[stammers]
I did not buy a knapsack.

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00:06:28,300 --> 00:06:29,633
-And I told her--
-You did.

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00:06:29,700 --> 00:06:33,200
"If it was on there, whatever was
different than what I purchased,

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00:06:33,266 --> 00:06:35,834
let me know, I will bring it over to you
and pay for it."

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00:06:35,900 --> 00:06:37,667
Okay. A toolkit.

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00:06:37,734 --> 00:06:39,367
Why did she need a toolkit?

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00:06:39,433 --> 00:06:40,933
-[Jim] I don't know.
-Because you know what you sound like?

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00:06:41,000 --> 00:06:43,300
-What is a toolkit?
-You sound like a scammer to me.

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00:06:43,367 --> 00:06:44,367
-[Jim] Oh!
-You do.

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00:06:44,433 --> 00:06:45,433
-[Jim] Well, excuse me.
-You do.

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00:06:45,500 --> 00:06:48,600
She asked me for multiple things
and all those,

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00:06:48,667 --> 00:06:52,133
uh, stuff on the receipt
were for different jobs she asked.

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00:06:52,200 --> 00:06:54,633
You actually,
as if I'm not mistaken,

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00:06:54,700 --> 00:06:59,433
you went to the store
on April 29th four times.

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00:06:59,500 --> 00:07:01,500
-Yes.
-You charged gas.

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00:07:01,567 --> 00:07:03,433
You bought a soldering iron.

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00:07:03,500 --> 00:07:06,233
-You bought all sorts of things that--
-She told me to.

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00:07:06,300 --> 00:07:08,834
I said, "This is what we need."
She said, "Okay."

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00:07:08,900 --> 00:07:10,500
-The three times--
-[Patricia] Excuse me.

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00:07:10,567 --> 00:07:12,133
Didn't you say you've been doing this job
for five years?

145
00:07:12,200 --> 00:07:15,033
-Yes, but--
-Don't you have any tools?

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00:07:15,100 --> 00:07:16,233
You have no tools?

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00:07:16,300 --> 00:07:18,332
Just a man that walks around
and then when you get a job,

148
00:07:18,400 --> 00:07:21,867
and then you have the person you work
with buy all the tools for the job?

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00:07:21,934 --> 00:07:23,500
-You didn't have a soldering iron?
-No.

150
00:07:23,567 --> 00:07:26,633
[Patricia] You didn't have a backpack?
You didn't have gas for your car?

151
00:07:26,700 --> 00:07:29,166
Let's see, a screwdriver set.
You don't have a screwdriver set?

152
00:07:29,233 --> 00:07:31,734
[Jim] No, no, no. Hold on.
That was a whole different job.

153
00:07:31,800 --> 00:07:33,467
That was on the electrical half.

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00:07:33,533 --> 00:07:36,300
I'm supposed to be plumbing,
not electrical.

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00:07:36,367 --> 00:07:39,300
So when she said,
"Can you please fix this?"

156
00:07:39,367 --> 00:07:41,400
I said,
"I think you have an electrical issue."

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00:07:41,467 --> 00:07:43,200
I think I got this perfectly clear.

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00:07:43,266 --> 00:07:46,700
I think you are just one fast talker
and scammer. Judge Levy.

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00:07:47,867 --> 00:07:50,166
[announcer]
Coming up on Tribunal Justice.

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00:07:50,233 --> 00:07:52,367
I said,
"Well, which wall am I gonna open?"

161
00:07:52,433 --> 00:07:53,767
[Adam]
Well, hold on.

162
00:07:53,834 --> 00:07:56,533
You asked the plaintiff, "Where should I
start looking for this leak?"

163
00:07:56,600 --> 00:08:02,333
No, no, I told her without
the leak detection done, I don't know.

164
00:08:02,400 --> 00:08:03,667
And you do plumbing.
That's what you said.

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00:08:08,900 --> 00:08:10,800
[theme music playing]

166
00:08:10,867 --> 00:08:14,367
[announcer] Stelle Feuers is suing
her former friend and contractor,

167
00:08:14,433 --> 00:08:20,200
Jim Presti, for a refund of services
and unauthorized credit card charges.

168
00:08:20,266 --> 00:08:23,533
Jim claims everything he purchased
was necessary

169
00:08:23,600 --> 00:08:25,934
and she approved the charges.

170
00:08:26,000 --> 00:08:28,800
Mr. Presti, I'm looking at your answer
to the lawsuit.

171
00:08:28,867 --> 00:08:29,734
Yes.

172
00:08:29,800 --> 00:08:32,332
And it says the first thing you did
was install security cameras.

173
00:08:32,400 --> 00:08:35,000
-[Jim] Yes.
-What kind of security cameras?

174
00:08:35,066 --> 00:08:37,066
Uh, outside,
'cause they were having people

175
00:08:37,133 --> 00:08:39,567
coming over the gate
or animals or whatever.

176
00:08:39,633 --> 00:08:42,200
So they asked me
if I could put a security camera

177
00:08:42,265 --> 00:08:43,700
to watch what's coming on.

178
00:08:43,767 --> 00:08:44,900
-[Adam] I get it.
-I did that.

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00:08:44,967 --> 00:08:47,867
And did you install them
in some way, shape, or form?

180
00:08:47,934 --> 00:08:48,800
-[Jim] Yes.
-All right.

181
00:08:48,867 --> 00:08:50,567
You used a screwdriver for that,
didn't you?

182
00:08:50,633 --> 00:08:52,000
-[Jim] Screw gun.
-Screw gun.

183
00:08:52,066 --> 00:08:53,734
-[Jim] Mm-hmm.
-And that's because you had that as part

184
00:08:53,800 --> 00:08:55,500
of your tool package when you do work

185
00:08:55,567 --> 00:08:57,433
for the last five years around
the community.

186
00:08:57,500 --> 00:08:58,700
-Right.
-[Adam] And you charged her

187
00:08:58,767 --> 00:09:02,433
for a screwdriver set, as was indicated
by Judge DiMango.

188
00:09:02,500 --> 00:09:04,767
That was a totally different job.
Not the plumbing.

189
00:09:04,834 --> 00:09:06,800
-No, that's 'cause you had it.
-[Jim] This was four months later.

190
00:09:06,867 --> 00:09:08,066
You had it.
That was the point.

191
00:09:08,133 --> 00:09:10,867
The security camera job
was the first job you had.

192
00:09:10,934 --> 00:09:13,333
-Yes.
-And you had equipment to mount them.

193
00:09:13,400 --> 00:09:15,900
-[Jim] Yes.
-You didn't charge her for a screwdriver--

194
00:09:16,000 --> 00:09:16,867
-[Jim] No.
-'Cause you had it.

195
00:09:16,934 --> 00:09:18,300
-Absolutely not.
-[Adam] Right.

196
00:09:18,367 --> 00:09:21,700
It was later on that you went to
Home Depot and bought a screwdriver set.

197
00:09:21,767 --> 00:09:25,033
And then a few weeks later,
you were at the plaintiff's home.

198
00:09:25,100 --> 00:09:26,667
You examined a leak.

199
00:09:26,734 --> 00:09:30,500
You told the plaintiff that it would cost
around $3,000 to repair the leak.

200
00:09:30,567 --> 00:09:33,100
-[Jim] Yes.
-Did you ever submit that in writing?

201
00:09:33,165 --> 00:09:34,800
-No.
-[Adam] No estimate?

202
00:09:34,867 --> 00:09:36,700
-No.
-[Adam] No scope of work order?

203
00:09:36,767 --> 00:09:39,100
-Nope.
-Just $3,000?

204
00:09:39,165 --> 00:09:41,165
Well, no.
I explained to her what had to be done.

205
00:09:41,233 --> 00:09:43,800
We had to cut the wall open,
find out where it was,

206
00:09:43,867 --> 00:09:45,700
'cause no plumber could come in,

207
00:09:45,767 --> 00:09:46,767
'cause she didn't wanna pay.

208
00:09:46,834 --> 00:09:48,900
No, no, no, no, no, no.
Hold on, hold on, hold on.

209
00:09:48,967 --> 00:09:51,100
-When you say that you examined--
-What the hell's going on here?

210
00:09:51,165 --> 00:09:52,900
When you said,
"After my examination..."

211
00:09:52,967 --> 00:09:55,133
I'm just trying to figure out what,
what it was that you wrote.

212
00:09:55,200 --> 00:09:56,367
Okay. After my examination...

213
00:09:56,433 --> 00:09:58,400
What did your examination entail?

214
00:09:58,467 --> 00:10:00,233
Nobody knew where the water
was coming from.

215
00:10:00,300 --> 00:10:02,934
-Yeah. So what did you do?
-Huh?

216
00:10:03,000 --> 00:10:07,066
What did you do to determine
where the water was coming from?

217
00:10:07,133 --> 00:10:10,633
I took her, um, request.

218
00:10:10,700 --> 00:10:16,400
"Can we just open a wall and see
where this water's coming from?"

219
00:10:16,467 --> 00:10:18,700
And I said,
"Well, which wall am I gonna open?"

220
00:10:18,767 --> 00:10:21,467
[Adam] Well, hold on you,
you asked the plaintiff,

221
00:10:21,533 --> 00:10:23,400
"Where should I start examining
and looking for this leak?"

222
00:10:23,467 --> 00:10:27,800
No, no, I told her without
the leak detection gun,

223
00:10:27,867 --> 00:10:29,667
I don't know.

224
00:10:29,734 --> 00:10:30,600
And you do plumbing.

225
00:10:30,667 --> 00:10:31,567
-That's what you said.
-[Jim] Yeah.

226
00:10:31,633 --> 00:10:32,767
You're not an electrician,
you're a plumber.

227
00:10:32,834 --> 00:10:34,467
-Right.
-Hold on, with all the work that you did

228
00:10:34,533 --> 00:10:37,200
for the last five years doing
plumbing work in the community,

229
00:10:37,266 --> 00:10:39,734
you didn't have a tool that you
were able to go to a wall,

230
00:10:39,800 --> 00:10:42,633
put the tool up and determine
whether or not there was any water

231
00:10:42,700 --> 00:10:44,533
behind that sheet rock wall?

232
00:10:44,600 --> 00:10:45,834
-Nope.
-You didn't have that?

233
00:10:45,900 --> 00:10:47,533
-Nope.
-Okay.

234
00:10:47,600 --> 00:10:50,600
Uh, you told her that you needed
to pay your workers,

235
00:10:50,667 --> 00:10:52,633
so she wrote you a check for $945.

236
00:10:52,700 --> 00:10:53,834
-Absolutely.
-[Adam] All right.

237
00:10:53,900 --> 00:10:55,433
So far, is that what he said?

238
00:10:55,500 --> 00:10:56,367
[Stelle] No.

239
00:10:56,433 --> 00:10:57,567
[Adam]
No, of course not.

240
00:10:57,633 --> 00:10:59,033
And you know why that's not true?

241
00:10:59,100 --> 00:11:01,333
Because in the check that she wrote you,
she wrote down

242
00:11:01,400 --> 00:11:05,767
"materials, $964, Jim Presti."

243
00:11:05,834 --> 00:11:06,834
That's you. Right?

244
00:11:06,900 --> 00:11:07,800
That is.

245
00:11:07,867 --> 00:11:12,000
Explain to me why she wrote "materials"
if you said it was for your workers.

246
00:11:14,100 --> 00:11:14,967
-I don't know.
-[Adam] Okay.

247
00:11:15,033 --> 00:11:16,700
-I didn't write the check.
-I get it.

248
00:11:16,767 --> 00:11:21,266
But it clearly had nothing to do
with what you told her.

249
00:11:21,333 --> 00:11:23,834
-Well, she was writing the check.
-[Adam] I know, I get that.

250
00:11:23,900 --> 00:11:26,433
How many workers did you have
working at her house?

251
00:11:26,500 --> 00:11:28,867
Two different ones.
Two different times.

252
00:11:28,934 --> 00:11:31,333
Is that true, he had two different people
working at your house?

253
00:11:31,400 --> 00:11:32,333
-Yes.
-[Adam] Very good.

254
00:11:32,400 --> 00:11:34,165
-An assistant. His assistant.
-Yes.

255
00:11:34,233 --> 00:11:37,100
[Adam] Okay, and what's the name
of your business, Mr. Presti?

256
00:11:37,165 --> 00:11:38,700
Mobile Authority Services.

257
00:11:38,767 --> 00:11:42,800
And you knew when you came in today
that the plaintiff in her complaint says

258
00:11:42,867 --> 00:11:46,567
that "a few weeks later, I researched Jim
and discovered that the license number

259
00:11:46,633 --> 00:11:48,934
listed on his website was expired."

260
00:11:49,000 --> 00:11:51,400
You know that that's one of the complaints
she made to the police.

261
00:11:51,467 --> 00:11:54,033
I never, this is the first time
I'm hearing it.

262
00:11:54,100 --> 00:11:58,800
The cop never asked me ever
about anything about licensing.

263
00:11:58,867 --> 00:12:00,900
What is your plumbing license number?

264
00:12:00,967 --> 00:12:02,200
I don't have a license.

265
00:12:02,266 --> 00:12:03,533
[Adam]
What is your electrical license number?

266
00:12:03,600 --> 00:12:05,033
I am not an electrician.

267
00:12:05,100 --> 00:12:06,700
[Adam]
I have nothing further.

268
00:12:06,767 --> 00:12:08,633
Do you understand why you're being sued?

269
00:12:08,700 --> 00:12:10,133
[Jim] No.

270
00:12:10,200 --> 00:12:11,567
[laughs]

271
00:12:11,633 --> 00:12:12,834
I have no clue.

272
00:12:12,900 --> 00:12:16,734
I'm gonna explain because you're getting
very excited about some things...

273
00:12:16,800 --> 00:12:18,300
-It's an Italian thing.
-...that aren't relevant.

274
00:12:18,367 --> 00:12:21,000
I know some Italians,
they know how to hold it together.

275
00:12:21,066 --> 00:12:23,433
-Rub us wrong, we get a little edgy.
-You gotta hold it together.

276
00:12:23,500 --> 00:12:26,333
Because you're just here, like, rambling.

277
00:12:26,400 --> 00:12:28,700
And when asked about things
that are material,

278
00:12:28,767 --> 00:12:29,967
you're like, "I didn't do that."

279
00:12:30,033 --> 00:12:32,367
And I'm looking at evidence
that shows you did do that.

280
00:12:32,433 --> 00:12:36,400
So I am going to explain
why she's suing you.

281
00:12:36,467 --> 00:12:37,333
Okay, great.

282
00:12:37,400 --> 00:12:41,233
The gist of it is that she is saying
you stole from her.

283
00:12:41,300 --> 00:12:43,400
-[Jim] But I didn't.
-You took her credit card

284
00:12:43,467 --> 00:12:47,667
and you charged things that she did not
give you permission to charge.

285
00:12:47,734 --> 00:12:49,834
-Absolutely not.
-[Tanya] So before you say another word,

286
00:12:49,900 --> 00:12:52,867
Judge DiMango started to talk about gas.

287
00:12:52,934 --> 00:12:55,266
-[Jim] Mm-hmm.
-And you said, "Of course,

288
00:12:55,333 --> 00:12:57,400
I used her credit card for gas.

289
00:12:57,467 --> 00:13:00,200
-Gas is $7 a gallon."
-Yes.

290
00:13:00,266 --> 00:13:03,400
It doesn't matter how much gas costs,

291
00:13:03,467 --> 00:13:07,800
if the person who hired you
did not give you permission

292
00:13:07,867 --> 00:13:09,533
to use a credit card for gas.

293
00:13:09,600 --> 00:13:11,900
-And her case--
-No, she did. No, she did.

294
00:13:11,967 --> 00:13:14,100
-So can you prove that?
-Yes.

295
00:13:14,166 --> 00:13:18,066
She gave me originally one credit card
and I told her I do not wanna accept it.

296
00:13:18,133 --> 00:13:20,333
-[Tanya] I heard that story.
-You're not gonna listen, are you?

297
00:13:20,400 --> 00:13:22,333
-No, I'm not gonna listen to you repeat--
-[Jim] What I'm trying to say is--

298
00:13:22,400 --> 00:13:25,100
No, no, stop. Stop it!

299
00:13:25,166 --> 00:13:29,033
What is very serious about this case
is that this plaintiff

300
00:13:29,100 --> 00:13:30,900
has accused you of elder abuse.

301
00:13:30,967 --> 00:13:33,667
She has accused you of stealing from her.

302
00:13:33,734 --> 00:13:38,133
The fact that she gave you a credit card,
sir, does not mean you had carte blanche.

303
00:13:38,200 --> 00:13:39,467
She's not your Santa Claus.

304
00:13:39,533 --> 00:13:41,567
There's no text message in here.

305
00:13:41,633 --> 00:13:45,066
There are messages of you saying
she's mean, she doesn't appreciate you.

306
00:13:45,133 --> 00:13:50,667
Not one message where she says,
"You can use my credit card to buy gas."

307
00:13:50,734 --> 00:13:53,266
So give me that evidence
and stop your rambling.

308
00:13:54,300 --> 00:13:56,066
-Do you have that evidence?
-Yes.

309
00:13:56,133 --> 00:13:58,867
-Where is it?
-[Jim] She told me

310
00:13:58,934 --> 00:14:03,333
when I got there, I said,
"At gas at $7 a gallon,

311
00:14:03,400 --> 00:14:07,367
this is gonna get very expensive
coming back and forth and back."

312
00:14:07,433 --> 00:14:09,834
When did she authorize you to use
the credit card for gas?

313
00:14:09,900 --> 00:14:10,867
[Jim]
Day one.

314
00:14:10,934 --> 00:14:15,000
I did not give him permission
for many of the things he said.

315
00:14:15,066 --> 00:14:19,033
What about the cleaning supplies
I see on the receipt?

316
00:14:19,100 --> 00:14:22,233
Lysol, Frog Tape, trash bags?

317
00:14:22,300 --> 00:14:23,300
I did not.

318
00:14:23,367 --> 00:14:25,633
[Tanya]
So, Mr. Presti,

319
00:14:25,700 --> 00:14:29,166
I would like to direct your attention
to plaintiff's evidence.

320
00:14:29,233 --> 00:14:32,867
And it's page six of her evidence.
She submitted a number of receipts.

321
00:14:32,934 --> 00:14:33,834
Mm-hmm.

322
00:14:33,900 --> 00:14:36,700
Mold spray, pro spray bottle,

323
00:14:36,767 --> 00:14:41,600
Air Wick, lavender starter kit,
hand and nail brush.

324
00:14:41,667 --> 00:14:42,734
-But you--
-Oh, the brush.

325
00:14:42,800 --> 00:14:46,233
The brush was for scrubbing
the garage floor.

326
00:14:46,300 --> 00:14:48,767
Did you ever give her a list that said,

327
00:14:48,834 --> 00:14:50,800
"Here are the things I bought,
here's the invoice"?

328
00:14:50,867 --> 00:14:54,266
No, because all of the times
that I purchased these items,

329
00:14:54,333 --> 00:14:58,667
she called me and said,
"Jim, are you going to Home Depot?"

330
00:14:58,734 --> 00:15:02,200
I said, "Yes, I'm on my way there."
"Can you get me this?"

331
00:15:02,266 --> 00:15:04,567
I said, "I'm only going to get
cleaning supplies."

332
00:15:04,633 --> 00:15:08,100
Give me an example of something
that she asked you to buy

333
00:15:08,166 --> 00:15:10,967
that was not a part of the scope of work.

334
00:15:11,800 --> 00:15:14,166
[announcer]
Coming up on Tribunal Justice.

335
00:15:14,233 --> 00:15:19,433
Your goal here was to take advantage
of her, to scam her.

336
00:15:19,500 --> 00:15:20,867
-And we are going to prevent that.
-I didn't do that.

337
00:15:20,934 --> 00:15:23,367
-I did not set out to do that.
-Oh, sir, I'm gonna tell you right now,

338
00:15:23,433 --> 00:15:25,066
shut your mouth.

339
00:15:25,133 --> 00:15:27,066
Get a little self-control.

340
00:15:32,233 --> 00:15:35,300
[theme music playing]

341
00:15:35,367 --> 00:15:38,900
[Tanya] Give me an example of something
that she asked you to buy

342
00:15:38,967 --> 00:15:41,800
that was not a part of the scope of work.

343
00:15:41,867 --> 00:15:45,300
Okay, so she called me
and told me that she had a lamp

344
00:15:45,367 --> 00:15:46,734
that was not working.

345
00:15:46,800 --> 00:15:50,533
I took the lamp to my shop,
I took it apart, I fixed it.

346
00:15:50,600 --> 00:15:53,467
And I said,
"I think it might be the outlet."

347
00:15:53,533 --> 00:15:57,100
So I told her, "If you want,
I can get a tester,

348
00:15:57,165 --> 00:15:58,934
they sell 'em at Home Depot,

349
00:15:59,000 --> 00:16:01,734
and I can test it
and then move forward with that."

350
00:16:01,800 --> 00:16:02,767
She said, "Okay."

351
00:16:02,834 --> 00:16:05,800
-But you are the professional here.
-[Jim] Right.

352
00:16:05,867 --> 00:16:08,767
You are the one who's being hired
to come into the home and do the work.

353
00:16:08,834 --> 00:16:12,000
-Which I did.
-But you never gave her an estimate.

354
00:16:12,066 --> 00:16:13,266
-[Jim] No.
-You never gave her a list that said,

355
00:16:13,333 --> 00:16:15,166
"Here's what I'm buying,
here's what you're paying,

356
00:16:15,233 --> 00:16:16,266
here's where your money's going."

357
00:16:16,333 --> 00:16:17,433
-No.
-[Tanya] You never did that?

358
00:16:17,500 --> 00:16:19,600
-No, because I--
-Okay. I'm done. I'm done. I'm done.

359
00:16:19,667 --> 00:16:21,133
-[Jim] I did not know.
-Thank you.

360
00:16:21,200 --> 00:16:24,900
Your Honor, may I clarify a few statements
because they're quite untrue?

361
00:16:24,967 --> 00:16:26,700
Sure, go on.

362
00:16:26,767 --> 00:16:32,000
First of all, when he says
they didn't know where the leak was,

363
00:16:32,066 --> 00:16:37,533
we had found the leak in a wall
in the downstairs bathroom.

364
00:16:37,600 --> 00:16:41,233
And it appeared as though it would have
to take behind the sink,

365
00:16:41,300 --> 00:16:43,100
pull out the sink and ruin it.

366
00:16:43,165 --> 00:16:48,033
And I said, "Rather than go
into the bathroom,

367
00:16:48,100 --> 00:16:52,200
it backs up to the garage,
take it through the garage wall."

368
00:16:52,266 --> 00:16:53,500
-That's what he did.
-Yes.

369
00:16:53,567 --> 00:16:57,667
He fixed the leak.
There's no question about that.

370
00:16:57,734 --> 00:17:01,600
-And that $964 check went to that?
-Yes. And he had one assistant.

371
00:17:01,667 --> 00:17:05,599
He never, ever gave me a receipt
or an explanation.

372
00:17:05,666 --> 00:17:07,867
-Okay.
-[Stelle] Then he said he needed more.

373
00:17:07,934 --> 00:17:13,165
But he has never explained
where the 947 went.

374
00:17:13,233 --> 00:17:16,700
One time he said,
"Well, it's my assistant

375
00:17:16,767 --> 00:17:21,333
and I pay him $30 an hour,"
which I don't think is so.

376
00:17:21,400 --> 00:17:24,367
But even if he did, if he worked,

377
00:17:24,433 --> 00:17:27,834
you know, six hours a day for two days,

378
00:17:27,900 --> 00:17:31,300
it still would not come
anywhere near the $900-odd figure.

379
00:17:31,367 --> 00:17:34,133
And I have given you
this latitude here to say this,

380
00:17:34,200 --> 00:17:37,900
because I don't want him to create
the impression that you might be

381
00:17:37,967 --> 00:17:40,567
forgetful or not really cognizant
of what's going on.

382
00:17:40,633 --> 00:17:41,533
Thank you.

383
00:17:41,600 --> 00:17:42,667
-[Patricia] And you are--
-I never made that gesture.

384
00:17:42,734 --> 00:17:45,166
You're the one that's got
the cognitive issues.

385
00:17:46,066 --> 00:17:47,700
And let ask you something.

386
00:17:47,767 --> 00:17:51,033
500 and some odd dollars in gasoline?
Where are you coming from, Brooklyn?

387
00:17:51,100 --> 00:17:52,200
[audience laughs]

388
00:17:52,266 --> 00:17:53,600
[Patricia]
I don't have any other questions.

389
00:17:53,667 --> 00:17:55,500
At this point,
we're gonna retire to deliberate.

390
00:17:55,567 --> 00:17:56,600
Thank you, all.

391
00:17:56,667 --> 00:17:59,867
Court now stands in recess.
Parties are excused.

392
00:17:59,934 --> 00:18:01,967
[theme music playing]

393
00:18:02,033 --> 00:18:04,367
This pompous, arrogant...
you-know-what

394
00:18:04,433 --> 00:18:07,133
owes her $2,384.

395
00:18:07,200 --> 00:18:10,633
He deceived her, he took money from her
under false representations

396
00:18:10,700 --> 00:18:13,166
as to what he was using it for,
what he needed it for.

397
00:18:13,233 --> 00:18:16,467
He made purchases to basically
create his own business.

398
00:18:16,533 --> 00:18:20,600
He was just looking to scam her
every which way he possibly could,

399
00:18:20,667 --> 00:18:23,633
buying 500 and some odd dollars'
worth of gas,

400
00:18:23,700 --> 00:18:27,633
buying backpacks,
everything on there that he kept.

401
00:18:27,700 --> 00:18:30,233
What kind of man comes to your home
to fix and do work

402
00:18:30,300 --> 00:18:31,867
and doesn't even have a screwdriver?

403
00:18:31,934 --> 00:18:35,367
There's no way he raised any defense
that was viable.

404
00:18:35,433 --> 00:18:37,500
She gets back all the money,
in my mind.

405
00:18:37,567 --> 00:18:39,467
-He stole. He stole from her.
-[Tanya] Mm-hmm.

406
00:18:39,533 --> 00:18:41,633
I can't understand why the police
wouldn't have charged him.

407
00:18:41,700 --> 00:18:42,767
What, it's too much work?

408
00:18:42,834 --> 00:18:45,600
Do they not care that this woman
is in a class of people

409
00:18:45,667 --> 00:18:48,133
that is targeted by scammers
like this clown?

410
00:18:48,200 --> 00:18:50,633
He's not even licensed.
They don't even have to do that much.

411
00:18:50,700 --> 00:18:53,300
All they gotta do is see
that he offered to do work,

412
00:18:53,367 --> 00:18:56,200
he took money to do work,
and he's not licensed.

413
00:18:56,266 --> 00:18:57,900
And you write a summons for him.

414
00:18:57,967 --> 00:18:59,834
So at least there's a record
so the next person doesn't do it.

415
00:18:59,900 --> 00:19:02,600
[Patricia] And by the way,
that's why he's claiming materials.

416
00:19:02,667 --> 00:19:04,934
-That's exactly right.
-Because he can't charge for plumbing

417
00:19:05,000 --> 00:19:06,867
or any work that he does
'cause he's unlicensed.

418
00:19:06,934 --> 00:19:09,233
But he can go out and buy materials
on her credit card.

419
00:19:09,300 --> 00:19:13,300
I mean, for the police not to recognize
what happened here, to me, is baffling.

420
00:19:13,367 --> 00:19:16,700
He does free work in the beginning,
installing two cameras.

421
00:19:16,767 --> 00:19:18,300
It's four screws per camera,

422
00:19:18,367 --> 00:19:21,900
but he does it for nothing
because it's not that job that he wants,

423
00:19:21,967 --> 00:19:23,533
he wants the next job.

424
00:19:23,600 --> 00:19:26,033
That's what it was.
It's just the hook that he uses.

425
00:19:26,100 --> 00:19:28,667
What he wants is the credit card
so he can then go

426
00:19:28,734 --> 00:19:31,934
fill up his tank with gas
and buy a backpack

427
00:19:32,000 --> 00:19:34,133
and then buy some things
for his business.

428
00:19:34,200 --> 00:19:38,467
I mean, she put it best in her complaint,

429
00:19:38,533 --> 00:19:40,533
"He messed with the wrong senior."

430
00:19:40,600 --> 00:19:44,033
He thought that he was gonna play
this woman because she was older,

431
00:19:44,100 --> 00:19:45,967
and she kept good records.

432
00:19:46,033 --> 00:19:48,800
-So let's give her her money.
-You got it, unanimous.

433
00:19:48,867 --> 00:19:50,200
-Full amount.
-I agree.

434
00:19:50,266 --> 00:19:52,700
[theme music playing]

435
00:19:52,767 --> 00:19:53,967
Court is back in session.

436
00:19:54,033 --> 00:19:56,033
Parties are reminded
you're still under oath.

437
00:19:56,100 --> 00:19:57,367
-Thank you, Byrd.
-Mm-hmm.

438
00:19:57,433 --> 00:20:02,667
Mr. Presti, you came in here
to defend a case with arrogance...

439
00:20:02,734 --> 00:20:04,066
-No, I didn't.
-...and obnoxiousness.

440
00:20:04,133 --> 00:20:05,567
-And I say--
-You won't let me finish.

441
00:20:05,633 --> 00:20:07,400
I don't need to say further.
Thank you.

442
00:20:07,467 --> 00:20:12,133
Bottom line here is,
you messed with the wrong senior.

443
00:20:12,200 --> 00:20:16,700
She's sharp.
She knows exactly what's going on.

444
00:20:16,767 --> 00:20:19,500
-And you took advantage of her.
-No, I did not.

445
00:20:19,567 --> 00:20:21,800
She told me to buy it.

446
00:20:21,867 --> 00:20:23,400
[Patricia]
I would like you to stop talking.

447
00:20:23,467 --> 00:20:25,600
I think you've already
demonstrated sufficiently

448
00:20:25,667 --> 00:20:27,467
your arrogant, obnoxious behavior,
so please stop.

449
00:20:27,533 --> 00:20:29,300
This isn't arrogant, it's the truth.

450
00:20:29,367 --> 00:20:31,100
[Patricia]
Please stop.

451
00:20:31,166 --> 00:20:35,667
Your goal here was to take advantage
of her, to scam her.

452
00:20:35,734 --> 00:20:37,233
-And we are going prevent that.
-I didn't do that.

453
00:20:37,300 --> 00:20:38,233
I did not set out to do that.

454
00:20:38,300 --> 00:20:42,066
Oh, sir, I'm gonna tell you right now,
shut your mouth.

455
00:20:42,133 --> 00:20:44,667
Get a little self-control.

456
00:20:44,734 --> 00:20:47,300
You charged things on her credit card

457
00:20:47,367 --> 00:20:50,433
that she had no need for, no use for,

458
00:20:50,500 --> 00:20:53,333
practically making her build
a business for you,

459
00:20:53,400 --> 00:20:54,800
for which you had none.

460
00:20:54,867 --> 00:20:57,433
You don't have a license,
you don't have a business.

461
00:20:57,500 --> 00:21:00,600
All you have is what you think
is some suave moves

462
00:21:00,667 --> 00:21:04,166
and an arrogant behavior
that you think is gonna win you

463
00:21:04,233 --> 00:21:05,300
I don't know what.

464
00:21:05,367 --> 00:21:07,800
Didn't think I was winning.

465
00:21:07,867 --> 00:21:09,967
Well, you finally caught on to something.

466
00:21:10,033 --> 00:21:12,500
Ma'am, you have proved your case.

467
00:21:12,567 --> 00:21:15,867
You have demonstrated to us
by a preponderance of the evidence

468
00:21:15,934 --> 00:21:20,500
that the defendant took advantage
of the use of your credit card.

469
00:21:20,567 --> 00:21:22,500
He made unauthorized charges.

470
00:21:22,567 --> 00:21:24,300
He didn't even give you any of the things

471
00:21:24,367 --> 00:21:27,767
that even if we were to take him
at his word he bought for you,

472
00:21:27,834 --> 00:21:30,100
-you don't have any of those things.
-I offered.

473
00:21:30,166 --> 00:21:31,800
-Several times.
-[Patricia] And the bottom line here is,

474
00:21:31,867 --> 00:21:35,500
he has actually,
because of that, stolen from you.

475
00:21:35,567 --> 00:21:37,500
-No, I did not.
-[Patricia] If you feel necessary,

476
00:21:37,567 --> 00:21:42,233
you can again call and ask that perhaps
the police reconsider their position.

477
00:21:42,300 --> 00:21:45,533
But the bottom line here is,
you have prevailed in this forum

478
00:21:45,600 --> 00:21:50,567
to the full tune of the amount
you've asked for, which is $2,384.

479
00:21:50,633 --> 00:21:54,367
You, Ms. Tomlinson, need to choose
your friends a little bit better.

480
00:21:54,433 --> 00:21:58,667
You cannot entrust people
with her home, her things.

481
00:21:58,734 --> 00:22:03,600
Ms. Feuers, verdict in your favor
unanimously for the full amount.

482
00:22:03,667 --> 00:22:04,533
Get him outta here.

483
00:22:04,600 --> 00:22:07,967
This case is concluded.
Parties are excused. You may step out.

484
00:22:10,867 --> 00:22:14,066
I told her in the beginning,
"If you're not happy,

485
00:22:14,133 --> 00:22:17,734
I will bring all your products back to you
and we go our own way."

486
00:22:17,800 --> 00:22:20,800
I think practically everything
he said was a lie.

487
00:22:20,867 --> 00:22:23,834
My Lord and Savior says
you can go to hell for lying.

488
00:22:23,900 --> 00:22:24,934
Just like stealing.

489
00:22:25,000 --> 00:22:29,433
When I got the bill,
I was totally shocked.

490
00:22:29,500 --> 00:22:31,400
For all the work that I was doing.

491
00:22:31,467 --> 00:22:35,467
I told him all the things that I would do,

492
00:22:35,533 --> 00:22:38,533
and that he should not underestimate me.

493
00:22:38,600 --> 00:22:40,633
She wanted to do more chatting
than listening.

494
00:22:40,700 --> 00:22:43,133
But he went ahead and did it anyway.

495
00:22:43,200 --> 00:22:45,667
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496
00:22:45,734 --> 00:22:49,066
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497
00:22:49,133 --> 00:22:51,967
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498
00:22:52,033 --> 00:22:54,967
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