1 00:00:06,567 --> 00:00:10,734 A tree on their property damaged your fence. 2 00:00:11,266 --> 00:00:12,834 I sent them a certified letter. 3 00:00:12,900 --> 00:00:14,133 They never contacted me. 4 00:00:14,200 --> 00:00:16,967 We had absolutely no knowledge of this. 5 00:00:17,033 --> 00:00:20,033 You have a responsibility to go and check your property. 6 00:00:20,100 --> 00:00:21,667 Now, I'm gonna come and yell at you. 7 00:00:21,734 --> 00:00:22,967 Okay. 8 00:00:23,233 --> 00:00:24,800 [Judge DiMango] That fence was disgusting. 9 00:00:24,867 --> 00:00:27,834 The only thing older than that fence in here is us. 10 00:00:28,266 --> 00:00:30,633 [announcer] Now on Tribunal Justice. 11 00:00:30,700 --> 00:00:34,066 ["Ride of the Valkyries" plays] 12 00:00:52,133 --> 00:00:55,834 [announcer] Today's case was filed in Sacramento, California. 13 00:00:55,900 --> 00:00:58,667 Your Honor, this is case number 2089, 14 00:00:58,734 --> 00:01:01,767 Harlow versus Kaviani and Kianfar. 15 00:01:01,834 --> 00:01:03,533 All parties have been sworn in. 16 00:01:03,600 --> 00:01:04,733 You may be seated. 17 00:01:04,800 --> 00:01:05,867 [Judge Levy] Thank you, Cassandra. 18 00:01:05,934 --> 00:01:08,467 Okay. Ms. Harlow, according to your complaint, 19 00:01:08,533 --> 00:01:11,734 you own a home next door to the defendants. 20 00:01:11,800 --> 00:01:14,567 A tree on their property fell 21 00:01:14,633 --> 00:01:16,900 and damaged your fence. 22 00:01:16,967 --> 00:01:21,200 You fixed the fence, which cost you $4,500. 23 00:01:21,265 --> 00:01:22,600 And you are suing them, 24 00:01:22,667 --> 00:01:27,200 however, for only half the cost of the fence, $2,250. 25 00:01:27,265 --> 00:01:28,265 Correct. 26 00:01:28,333 --> 00:01:30,533 [Judge Levy] And according to your answer, sirs. 27 00:01:30,600 --> 00:01:32,000 - Yes. - [Judge Levy] You say that there was 28 00:01:32,066 --> 00:01:35,500 a connecting pipe that was coming on to your property 29 00:01:35,567 --> 00:01:38,866 that collected storm water and roof water from her home, 30 00:01:38,934 --> 00:01:40,600 which saturated the soil, 31 00:01:40,667 --> 00:01:43,500 caused the tree to fall onto your property. 32 00:01:43,567 --> 00:01:47,066 And when it fell, the roots came up and damaged the fence. 33 00:01:47,467 --> 00:01:51,300 So you say you owed nothing because the damage was her fault. 34 00:01:51,366 --> 00:01:53,967 You also have a counterclaim for $500 35 00:01:54,033 --> 00:01:56,567 for the engineer's report 36 00:01:56,834 --> 00:02:00,300 that you had prepared to defend yourselves in this lawsuit. 37 00:02:01,066 --> 00:02:05,066 Yes, Your Honor, because once we were notified that she is filing it, 38 00:02:05,133 --> 00:02:08,133 we have to hire a licensed civil engineer 39 00:02:08,199 --> 00:02:12,100 to determine what is the cause of the fence failure 40 00:02:12,166 --> 00:02:13,767 - to prove our case. - Okay. 41 00:02:13,834 --> 00:02:15,166 Well, you are civil engineers, 42 00:02:15,233 --> 00:02:16,834 - retired, both of you, right? - [Saeed] Yes. 43 00:02:16,900 --> 00:02:20,333 Thirty-five, forty years ago, and I don't have my license. 44 00:02:20,400 --> 00:02:21,466 [Judge Levy] Okay. 45 00:02:21,533 --> 00:02:23,466 So Ms. Harlow, why don't you tell us 46 00:02:23,533 --> 00:02:26,000 when and how do you claim 47 00:02:26,066 --> 00:02:30,033 that the defendants' tree on their property caused this damage? 48 00:02:30,100 --> 00:02:33,734 Okay. This goes all the way back to December of 2022. 49 00:02:33,800 --> 00:02:37,700 Um, my tenants contacted me and sent me a picture 50 00:02:37,767 --> 00:02:41,166 of when the tree just started to fall 51 00:02:41,233 --> 00:02:43,900 before it completely damaged the fence. 52 00:02:43,966 --> 00:02:47,867 That same week, I went over to the property to view it myself. 53 00:02:48,433 --> 00:02:49,500 [Judge Levy] And just so I'm clear, 54 00:02:49,567 --> 00:02:51,333 you don't live in the home. You rent the home. 55 00:02:51,400 --> 00:02:52,400 I have tenants there 56 00:02:52,466 --> 00:02:54,100 - that I very much value. - [Judge Levy] Okay. 57 00:02:54,166 --> 00:02:57,400 [Loni] So I wanted to go contact the house next door. 58 00:02:57,466 --> 00:02:59,667 Um, it was tenants that they have there. 59 00:02:59,734 --> 00:03:02,433 She informed that they are developing-- 60 00:03:02,500 --> 00:03:04,767 in the process of developing that property 61 00:03:04,834 --> 00:03:06,734 and that there's no need to put up a fence 62 00:03:06,800 --> 00:03:09,233 because they are gonna put seven units there 63 00:03:09,300 --> 00:03:11,700 and they have to put up fencing anyways. 64 00:03:11,767 --> 00:03:15,300 Hold on one second. I wanna take a look at the fence please if we can. 65 00:03:15,367 --> 00:03:17,400 Take a look right there. Do you see that? 66 00:03:17,466 --> 00:03:18,867 - Yes. - [Judge Levy] What's on the screen? 67 00:03:18,934 --> 00:03:20,700 And now you say that this is what happened? 68 00:03:20,767 --> 00:03:21,767 - What is that? - [Loni] Yes. 69 00:03:21,834 --> 00:03:24,500 The tree on the other side, which is their side, 70 00:03:24,567 --> 00:03:28,000 fell and underneath, it pulled up our side of the fence. 71 00:03:28,066 --> 00:03:31,233 [Judge Levy] And so just so we're clear, that's the root ball of the tree, 72 00:03:31,300 --> 00:03:33,800 which then damaged the lower portion of your fence? 73 00:03:33,867 --> 00:03:34,934 - Yes. - [Judge Levy] Okay. 74 00:03:35,000 --> 00:03:36,000 What am I looking at here? 75 00:03:36,066 --> 00:03:38,000 You provided these photographs, did you not? 76 00:03:38,066 --> 00:03:40,200 Yes. This is the defendants' side of the fence 77 00:03:40,600 --> 00:03:44,900 where the tree had fallen down on their side and pulled up our fence. 78 00:03:44,966 --> 00:03:48,133 [Judge Levy] Okay. And again, the damage that I'm circling right here 79 00:03:48,200 --> 00:03:51,233 is the damage that you were referring to, the damage to your fence? 80 00:03:51,533 --> 00:03:55,266 Correct. And there are no trees on my side of the fence. 81 00:03:55,333 --> 00:03:56,966 We don't have trees on our property. 82 00:03:57,033 --> 00:03:58,033 [Judge Levy] Okay. 83 00:03:58,100 --> 00:04:02,834 And what I'm circling here is the fence between your two properties. 84 00:04:02,900 --> 00:04:03,900 Yes. 85 00:04:03,967 --> 00:04:06,834 [Judge Levy] So that fence there, 75 feet? 86 00:04:06,900 --> 00:04:07,900 Correct. 87 00:04:07,967 --> 00:04:09,266 [Judge Levy] I wanna know the extent of your damage, 88 00:04:09,333 --> 00:04:10,667 because I'm gonna tell you right now, 89 00:04:10,734 --> 00:04:12,533 what you're doing is you're suing them 90 00:04:12,600 --> 00:04:16,433 for the replacement cost of 75-foot of fence 91 00:04:16,500 --> 00:04:18,600 when to me, 92 00:04:18,667 --> 00:04:21,433 you have maybe five-foot of fence that was damaged. 93 00:04:21,500 --> 00:04:25,332 So I wanna see all the other damage that you claim 94 00:04:25,400 --> 00:04:28,300 their tree has caused on your property. 95 00:04:28,367 --> 00:04:29,967 Okay. Page five. 96 00:04:30,467 --> 00:04:33,567 This is the tenants trying to keep the animals out. 97 00:04:33,633 --> 00:04:34,633 It just kept falling. 98 00:04:34,700 --> 00:04:39,367 So here is, again, a picture from your side of the property, correct? 99 00:04:39,433 --> 00:04:40,433 Correct. 100 00:04:40,500 --> 00:04:43,233 [Judge Levy] And this is where the damage occurred 101 00:04:43,300 --> 00:04:45,266 - with the tree falling down? - Correct. 102 00:04:45,332 --> 00:04:47,332 [Judge Levy] When was this photograph taken? 103 00:04:47,400 --> 00:04:51,700 This was right before I had it repaired May of '23. 104 00:04:51,767 --> 00:04:55,734 So now, we have December 22nd is when the storm occurred. 105 00:04:55,800 --> 00:04:58,367 - Correct. - So January, February, 106 00:04:58,433 --> 00:04:59,667 March, April, May, 107 00:04:59,734 --> 00:05:03,033 five months later, this photograph is taken? 108 00:05:03,100 --> 00:05:04,400 - [Loni] Correct. I... - [Judge Levy] Okay. 109 00:05:04,467 --> 00:05:05,800 When did you purchase the home? 110 00:05:05,867 --> 00:05:07,533 I wanna know how old this fence was. 111 00:05:07,600 --> 00:05:10,166 I purchased the home three years ago. 112 00:05:10,233 --> 00:05:12,934 [Judge Levy] So, when you purchased the house, did you replace the fence? 113 00:05:13,533 --> 00:05:15,233 No. It didn't need replacing. 114 00:05:15,300 --> 00:05:19,767 How long prior, if you know, was that fence put up? 115 00:05:19,834 --> 00:05:21,000 I do not know. 116 00:05:21,066 --> 00:05:23,133 [Judge Levy] So how old is your house? 117 00:05:23,200 --> 00:05:24,332 I don't know. 118 00:05:24,400 --> 00:05:27,567 So that fence could have been there for 10 years, 20 years--you don't know. 119 00:05:27,633 --> 00:05:28,734 I don't know the age. 120 00:05:28,800 --> 00:05:30,900 It was in good working order. 121 00:05:30,967 --> 00:05:32,800 - It did not need repair. - [Judge Levy] Okay. 122 00:05:32,867 --> 00:05:36,734 By the way, do you two, uh, live on the property or do you also rent? 123 00:05:37,033 --> 00:05:41,133 No, Your Honor. We're renting-- we are basically developing this property 124 00:05:41,200 --> 00:05:44,033 to eight lots and we're building eight new homes. 125 00:05:44,100 --> 00:05:47,133 And there is a prior owner still living in it. 126 00:05:47,200 --> 00:05:49,100 We have not asked them to move out. 127 00:05:49,166 --> 00:05:50,500 So you rent also? 128 00:05:50,567 --> 00:05:51,800 - [Javad] Yes. - Okay. 129 00:05:51,867 --> 00:05:54,933 What efforts did you make to contact the defendants 130 00:05:55,000 --> 00:05:56,433 to resolve this matter 131 00:05:56,500 --> 00:06:01,667 before you hired someone to fix the fence and file this lawsuit? 132 00:06:01,734 --> 00:06:05,533 Okay. The first thing I did was I went over myself to the property, 133 00:06:05,600 --> 00:06:07,033 knocked on the door. 134 00:06:07,100 --> 00:06:08,333 The tenants answered. 135 00:06:08,400 --> 00:06:09,567 I spoke with them. 136 00:06:09,633 --> 00:06:11,500 They took my phone number 137 00:06:11,800 --> 00:06:14,333 and they said that they would contact the owners. 138 00:06:14,734 --> 00:06:17,200 I texted them back two days later and I said, 139 00:06:17,734 --> 00:06:19,166 "Could you please contact them?" 140 00:06:19,233 --> 00:06:22,233 They said that they had indeed given them my number. 141 00:06:22,300 --> 00:06:23,734 They did not answer. 142 00:06:23,800 --> 00:06:25,266 I waited another couple months. 143 00:06:25,332 --> 00:06:29,633 I sent them a certified letter, asking them, "Can we split this in half? 144 00:06:29,700 --> 00:06:31,600 I have a quote from a handyman. 145 00:06:31,667 --> 00:06:33,867 Just give me a call so we can work this out." 146 00:06:33,933 --> 00:06:35,367 They never contacted me. 147 00:06:35,433 --> 00:06:39,000 Okay. May is when you hired the contractor to fix the fence. 148 00:06:39,066 --> 00:06:43,133 May 19th, according to your evidence, is when you sent them the certified letter 149 00:06:43,200 --> 00:06:45,300 that you claim they never responded to. 150 00:06:45,367 --> 00:06:47,467 And in June of 2023 151 00:06:47,533 --> 00:06:49,734 - is when you filed the lawsuit. - Correct. 152 00:06:49,800 --> 00:06:52,800 [Judge Levy] And they had not contacted you at all during that period of time. 153 00:06:52,867 --> 00:06:54,332 - Correct. - [Judge Levy] Judge Acker. 154 00:06:54,400 --> 00:06:55,667 [Judge Acker] Thank you, Judge. 155 00:06:55,734 --> 00:07:00,266 I just wanna be clear, the fence is entirely on your property, yes? 156 00:07:00,333 --> 00:07:03,800 Oh, I thought it was on the property line splitting the properties. 157 00:07:03,867 --> 00:07:05,033 No, Your Honor. She-- 158 00:07:05,100 --> 00:07:07,500 uh, her fence is sitting on her property line 159 00:07:07,567 --> 00:07:09,300 because we survey the property 160 00:07:09,367 --> 00:07:11,867 and this fence is a foot inside her property. 161 00:07:11,934 --> 00:07:13,333 I'll just be candid with you. 162 00:07:13,400 --> 00:07:17,467 If you've got property and you've got a neighbor 163 00:07:17,533 --> 00:07:20,033 and you have a fence that divides your properties, 164 00:07:20,100 --> 00:07:22,033 it makes sense to maintain the fence. 165 00:07:22,100 --> 00:07:24,200 Why didn't you get back to her? 166 00:07:24,266 --> 00:07:27,700 Because I do not believe even she filed the lawsuit, 167 00:07:27,767 --> 00:07:29,266 she has not even served me. 168 00:07:29,332 --> 00:07:30,500 I live in Las Vegas. 169 00:07:30,567 --> 00:07:31,667 She has not even... 170 00:07:31,734 --> 00:07:33,100 I mean, she served somebody 171 00:07:33,166 --> 00:07:34,967 - because you're here. - I'm here because I... 172 00:07:35,033 --> 00:07:36,500 [Judge Acker] Are you challenging service? 173 00:07:36,567 --> 00:07:39,133 Yes. I'm here because I checked my name 174 00:07:39,200 --> 00:07:43,000 on the, uh, Sacramento County website for the court 175 00:07:43,066 --> 00:07:45,200 because I have another case in Sacramento 176 00:07:45,266 --> 00:07:47,667 and I noticed there's a small claim filed against me. 177 00:07:47,734 --> 00:07:51,400 So I contacted, uh, my co-owner and he says that, 178 00:07:51,467 --> 00:07:53,834 uh, "Let me check," and we check and we find out. 179 00:07:53,900 --> 00:07:56,467 Were any of your agents or employees 180 00:07:56,533 --> 00:07:57,767 or any--nobody was served? 181 00:07:57,834 --> 00:07:59,233 Nobody was served and... 182 00:07:59,300 --> 00:08:01,367 If you weren't properly served, then you shouldn't be here. 183 00:08:01,667 --> 00:08:03,000 [dramatic musical sting] 184 00:08:03,066 --> 00:08:05,667 [announcer] Coming up on Tribunal Justice. 185 00:08:05,734 --> 00:08:08,667 Seventy-five feet of fence. Looks like crap that fence. 186 00:08:08,967 --> 00:08:10,266 [dramatic musical sting] 187 00:08:12,433 --> 00:08:13,700 [theme music plays] 188 00:08:14,100 --> 00:08:18,033 [announcer] Loni Harlow is suing Javad Kaviani and Saeed Kianfar 189 00:08:18,100 --> 00:08:20,266 for half the cost of a new fence. 190 00:08:20,332 --> 00:08:22,533 Loni claims when their tree fell over, 191 00:08:22,600 --> 00:08:26,000 its roots came up from under her fence and destroyed it. 192 00:08:26,066 --> 00:08:27,767 But Javad and Saeed claim 193 00:08:27,834 --> 00:08:31,000 water runoff from Loni's property caused the tree to fall, 194 00:08:31,066 --> 00:08:32,767 so it's all her fault. 195 00:08:33,400 --> 00:08:34,400 Nobody was served? 196 00:08:34,467 --> 00:08:35,600 [Javad] Nobody was served. And... 197 00:08:35,667 --> 00:08:37,533 If you weren't properly served then you shouldn't be here. 198 00:08:38,400 --> 00:08:40,667 I understand, but I waived that I'm coming here to accept... 199 00:08:40,734 --> 00:08:42,265 [Judge Acker] Okay. Because you wanna be done with it. 200 00:08:42,332 --> 00:08:43,967 - Yeah. I wanna be done with it. - [Judge Acker] Yes. 201 00:08:44,033 --> 00:08:45,165 - And... - That was smart. 202 00:08:45,233 --> 00:08:46,500 - So let me ask you this. - [Javad] Yes. 203 00:08:46,567 --> 00:08:48,133 [Judge Acker] You've got a tree 204 00:08:48,200 --> 00:08:51,033 that immediately abuts your neighbor's fence. 205 00:08:51,100 --> 00:08:53,033 So I understand your defense 206 00:08:53,100 --> 00:08:56,233 which is that because of her drainage, 207 00:08:56,300 --> 00:08:58,867 there was an oversaturation of the soil, yes? 208 00:08:58,934 --> 00:09:00,767 - Yes. - [Judge Acker] But, but listen to this, 209 00:09:00,834 --> 00:09:02,734 your engineer's report suggested 210 00:09:02,800 --> 00:09:05,066 that he didn't have access to view the site 211 00:09:05,133 --> 00:09:07,300 - before the fence was replaced? - Yes. 212 00:09:07,367 --> 00:09:09,433 [Judge Acker] So if I'm in your shoes, I'm like, 213 00:09:09,734 --> 00:09:11,066 "Look, I got a tree that's here. 214 00:09:11,133 --> 00:09:14,400 My roots are certainly encroaching under the land. 215 00:09:14,467 --> 00:09:16,600 There's a windstorm, there's rain. 216 00:09:16,667 --> 00:09:17,867 Why don't we just split it?" 217 00:09:17,934 --> 00:09:21,367 - We had absolutely no knowledge of this. - [Judge Acker] No knowledge? 218 00:09:21,433 --> 00:09:25,667 Until she, uh, built the fence and she sued us for the money. 219 00:09:25,734 --> 00:09:29,734 It was a big surprise to me to see my name in the small claim court. 220 00:09:30,000 --> 00:09:31,400 [Judge Acker] But you certainly knew 221 00:09:31,467 --> 00:09:35,433 that the tree that was on your property had fallen down 222 00:09:35,500 --> 00:09:38,667 either because of wind or soil saturation 223 00:09:38,734 --> 00:09:41,266 - or some other issue, yes? - Yes. That's true. 224 00:09:41,333 --> 00:09:44,233 We--this property is almost two acres. 225 00:09:44,300 --> 00:09:47,033 It used to be orchard--olive orchard. 226 00:09:47,100 --> 00:09:50,567 And we have over a hundred twenty trees on this property. 227 00:09:50,633 --> 00:09:54,200 And also, the tree is-- uh, was there before she built 228 00:09:54,266 --> 00:09:57,000 or prior owners built that fence. 229 00:09:57,066 --> 00:09:58,900 [Judge Acker] I know, but trees grow. - So the trees supersedes there. 230 00:09:58,967 --> 00:10:01,867 The tree--the tree... [laughs] 231 00:10:01,934 --> 00:10:04,100 - The fence. - [Judge Acker] I know Mother Earth... 232 00:10:04,166 --> 00:10:05,633 - Yeah. - ... supersedes all... 233 00:10:05,700 --> 00:10:06,700 - [Javad] You got it. - ... but at some point, 234 00:10:06,767 --> 00:10:08,000 people have property rights 235 00:10:08,066 --> 00:10:09,900 and they have boundaries on their properties. 236 00:10:10,266 --> 00:10:13,900 So let's say that what you are saying 237 00:10:13,967 --> 00:10:16,667 and what your engineer puts forward is accurate, 238 00:10:16,734 --> 00:10:19,600 which is that part of the reason the tree fell 239 00:10:19,667 --> 00:10:22,800 was because of oversaturation, because of her bad drainage. 240 00:10:22,867 --> 00:10:24,967 What is your response to that, Ms. Harlow? 241 00:10:25,033 --> 00:10:26,433 I want you to refer to this picture. 242 00:10:27,100 --> 00:10:29,433 That's on their side of the property. I've never seen the drain... 243 00:10:29,500 --> 00:10:30,500 [Judge Acker] Where does the drain begin? 244 00:10:30,567 --> 00:10:32,200 - [Javad] Exactly. From her roof. - [Loni] I don't know. 245 00:10:32,266 --> 00:10:35,400 I would have been willing to look at all that had he contacted me. 246 00:10:35,467 --> 00:10:37,633 - Uh... - [Judge Acker] Did you contact him 247 00:10:37,700 --> 00:10:39,734 - before you filed the lawsuit? - Yes. 248 00:10:39,800 --> 00:10:41,533 If you look at exhibit four 249 00:10:41,600 --> 00:10:45,967 way back to January 7th, 2023, I have texts. 250 00:10:46,033 --> 00:10:49,967 These texts are with his tenant that currently lives on that property. 251 00:10:50,033 --> 00:10:52,867 Then I sent him the registered letter, 252 00:10:52,934 --> 00:10:53,834 - then I hired... - [Judge Acker] Yeah, I saw that. 253 00:10:54,200 --> 00:10:55,266 And you say--you never got any of this. 254 00:10:55,333 --> 00:10:56,867 - Your tenant never told you anything? - Yes, he did. 255 00:10:56,934 --> 00:10:58,967 - I--in the... - I was totally in dark. 256 00:10:59,500 --> 00:11:02,400 I received the, um, the certified letter. 257 00:11:02,467 --> 00:11:05,300 I got the signature back and I hired a process server 258 00:11:05,367 --> 00:11:07,667 who served him in Citrus Heights where they lived and then... 259 00:11:07,734 --> 00:11:09,467 [Judge Acker] Who signed it? Whose signature was on that? 260 00:11:09,533 --> 00:11:11,333 It's in the original evidence. 261 00:11:11,400 --> 00:11:12,900 All right. I'm gonna take a look at that. 262 00:11:12,967 --> 00:11:14,400 I'm gonna pass the case to Judge DiMango. 263 00:11:14,467 --> 00:11:15,467 [Judge DiMango] Well, that was my question to you. 264 00:11:15,533 --> 00:11:17,500 There would've been-- the service that you made, 265 00:11:17,567 --> 00:11:19,000 there would've been a notation in there, 266 00:11:19,066 --> 00:11:22,734 would've been something in the file to say this is proof of service. 267 00:11:22,800 --> 00:11:24,600 - [Loni] It was... - So if it exists, we'll get it. 268 00:11:24,667 --> 00:11:25,967 - [Loni] Yes. - My thing to you is... 269 00:11:26,033 --> 00:11:28,200 - [Javad] Yes. - ... you raise several defenses. 270 00:11:28,266 --> 00:11:32,233 One of your defenses is, "My tree never fell on her property, 271 00:11:32,300 --> 00:11:34,800 therefore, I shouldn't be responsible at all." 272 00:11:34,867 --> 00:11:36,700 Her position to refute that is, 273 00:11:36,767 --> 00:11:39,033 "Yeah, but the tree roots belong to you 274 00:11:39,100 --> 00:11:42,066 and those were the things that ripped up from the ground 275 00:11:42,133 --> 00:11:43,800 and damaged my fence." 276 00:11:43,867 --> 00:11:47,367 You now take your position, which is, "Well, that never would have happened, 277 00:11:47,433 --> 00:11:50,667 but for the fact that this pipe, which comes from your home, 278 00:11:50,734 --> 00:11:53,533 was releasing water," and the picture on the bottom, 279 00:11:53,600 --> 00:11:57,100 onto the property, causing the roots to weaken. 280 00:11:57,165 --> 00:11:59,000 Now, if the homeowner, 281 00:11:59,066 --> 00:12:01,700 from where the water is coming uphill down, 282 00:12:01,767 --> 00:12:03,467 puts in a pipe, puts in a drain, 283 00:12:03,533 --> 00:12:06,333 if they alter the natural flow of the water, 284 00:12:06,400 --> 00:12:08,967 and this water flows onto adjoining property, 285 00:12:09,033 --> 00:12:11,934 the research I did says that they're responsible 286 00:12:12,000 --> 00:12:15,233 to the adjoining homeowner who's harmed by that water flow. 287 00:12:15,300 --> 00:12:17,467 But that's not a black and white rule. 288 00:12:17,533 --> 00:12:20,834 The rule is that she needs to, and you need to, 289 00:12:20,900 --> 00:12:24,000 both use reasonable care in maintaining that. 290 00:12:24,066 --> 00:12:27,500 You have a responsibility to go and check your property, 291 00:12:27,567 --> 00:12:29,633 even though you have a hundred and twenty trees. 292 00:12:29,700 --> 00:12:32,533 Well, maybe you have a hundred twenty too many. 293 00:12:32,600 --> 00:12:35,600 Had you seen that, you would have been up in arms. 294 00:12:35,667 --> 00:12:38,367 You would have gone to her and said, "Do something about this," 295 00:12:38,433 --> 00:12:39,600 or, "Come and look at this." 296 00:12:39,667 --> 00:12:42,600 So you have a responsibility here as well. 297 00:12:42,667 --> 00:12:44,433 Now I'm gonna come and yell at you. 298 00:12:45,033 --> 00:12:46,100 Okay. 299 00:12:46,165 --> 00:12:49,433 [Judge DiMango] Seventy-five feet of fence--looks like crap, that fence. 300 00:12:49,934 --> 00:12:52,734 The only thing older than that fence in here is us. 301 00:12:53,400 --> 00:12:55,633 Could we have a picture of that ugly fence? 302 00:12:55,700 --> 00:12:57,700 - I knew... - As soon as the tenants-- 303 00:12:57,767 --> 00:12:59,066 as soon as the tenant's complained about it... 304 00:12:59,133 --> 00:13:00,567 Well, I--I'm on-- I'm on the fence about it, Tanya. 305 00:13:00,633 --> 00:13:02,300 I'm on the fence about that fence. 306 00:13:02,367 --> 00:13:04,100 That fence was disgusting. 307 00:13:04,166 --> 00:13:06,300 Either somebody was gonna come down and go... 308 00:13:06,367 --> 00:13:08,500 [blows] and it was gonna go down on its own, 309 00:13:08,567 --> 00:13:10,667 or you were going to have an issue come up. 310 00:13:10,734 --> 00:13:12,066 - [Loni] Whenever the tenants asked... - Were you ever planning 311 00:13:12,133 --> 00:13:13,367 on putting up another fence? 312 00:13:13,433 --> 00:13:15,300 When the tenants asked for one, 313 00:13:15,367 --> 00:13:16,934 if it wasn't safe for their children, absolutely. 314 00:13:17,000 --> 00:13:19,767 Okay. So at some point, you would have had to change that fence. 315 00:13:19,834 --> 00:13:21,433 - So to me, that says... - And I... 316 00:13:21,500 --> 00:13:24,400 ... that fence is not all their responsibility. 317 00:13:24,467 --> 00:13:28,033 I'm on the same kind of page with Judge Levy, who's saying, 318 00:13:28,100 --> 00:13:30,667 "Look, it did more than five feet, but it didn't knock down 319 00:13:30,734 --> 00:13:32,400 - the whole fence." - [Loni] Okay. 320 00:13:32,467 --> 00:13:34,600 [Judge DiMango] Now, I don't see where you're not responsible 321 00:13:34,667 --> 00:13:37,600 and I don't see where they're responsible for all that you're asking for. 322 00:13:37,667 --> 00:13:40,133 So my next thing is, you guys are both engineers, right? 323 00:13:40,200 --> 00:13:41,967 - Yes. Yes. - And you hire an engineer? 324 00:13:42,033 --> 00:13:44,000 You know that guy that you hire? Did you know him? 325 00:13:44,066 --> 00:13:45,834 Uh, we have a consultant. 326 00:13:45,900 --> 00:13:48,165 They do the subdivision for us and this engineer was... 327 00:13:48,233 --> 00:13:49,800 - And it was his--he went and did it? - Yeah, yeah. 328 00:13:49,867 --> 00:13:50,867 - They did come out there, yeah. - Okay. So that-- 329 00:13:50,934 --> 00:13:52,100 - so that makes sense to me. - [Saeed] Yeah. 330 00:13:52,165 --> 00:13:53,367 That's an answer that makes sense. 331 00:13:53,433 --> 00:13:55,400 And you paid him $500. 332 00:13:55,467 --> 00:13:58,000 Are you ever gonna put up a fence, sir? 333 00:13:58,066 --> 00:14:00,467 Yes. A concrete cinder block fence, not a wood fence. 334 00:14:00,533 --> 00:14:01,700 [Judge DiMango] Where are you gonna put that up? 335 00:14:01,767 --> 00:14:04,000 Along all eight homes that we're gonna build. 336 00:14:04,066 --> 00:14:06,800 [Judge DiMango] Is it gonna run parallel to her fence? 337 00:14:06,867 --> 00:14:09,834 It's gonna be one feet away from her fence, on property line. 338 00:14:09,900 --> 00:14:12,600 So had you said to him, perhaps, 339 00:14:12,667 --> 00:14:14,700 "Listen, I need to just fix this part." 340 00:14:14,767 --> 00:14:17,200 Because as you've pointed out, "My tenants are upset." 341 00:14:17,266 --> 00:14:20,433 He would have said, "I'm gonna put up a cinder block fence anyway." 342 00:14:20,500 --> 00:14:23,000 You would have not had to pay for a full fence, 343 00:14:23,066 --> 00:14:24,600 - and everybody would have been happy. - Yeah. 344 00:14:24,667 --> 00:14:26,200 [Judge DiMango] But that did not happen here 345 00:14:26,266 --> 00:14:28,967 because no communication 346 00:14:29,033 --> 00:14:30,867 and you're as much to blame 347 00:14:30,934 --> 00:14:32,500 for not communicating with a neighbor 348 00:14:32,567 --> 00:14:34,433 - with regard to what's going on. - [Javad] Because I was not aware of it. 349 00:14:34,500 --> 00:14:36,300 And I don't have any other questions at this point. 350 00:14:36,367 --> 00:14:39,667 [Judge Levy] I do. Show me the proof that you paid that $500. 351 00:14:39,734 --> 00:14:41,000 We have not paid it yet. 352 00:14:41,066 --> 00:14:42,834 [Judge Levy] Quite frankly, you're not gonna pay it. 353 00:14:42,900 --> 00:14:45,333 How much is he charging you to do the subdivision? 354 00:14:45,400 --> 00:14:46,967 Uh, $60,000. 355 00:14:47,033 --> 00:14:48,165 [Judge Levy] Sixty thousand. 356 00:14:48,233 --> 00:14:52,633 And after you hire him to do $60,000 worth of work, 357 00:14:52,700 --> 00:14:56,834 he's just not gonna do this little report of yours for $500 on the arm? 358 00:14:56,900 --> 00:14:58,467 I do development work. 359 00:14:58,533 --> 00:14:59,700 That's what happens. 360 00:14:59,767 --> 00:15:01,533 So you didn't pay it. You're not getting it. 361 00:15:01,600 --> 00:15:03,166 I don't know what my colleagues are gonna say. 362 00:15:03,233 --> 00:15:04,233 That's what I'm gonna say. 363 00:15:04,867 --> 00:15:08,066 So if I understand your two positions correctly, 364 00:15:08,133 --> 00:15:12,266 it's your position that his recommendation was 100% clear, 365 00:15:12,333 --> 00:15:15,967 that the tree fell because of her negligence, right? 366 00:15:16,033 --> 00:15:18,533 - Yes. - Great. Let's take a look at this report. 367 00:15:19,800 --> 00:15:23,867 "The fallen tree appears to have been cut to accommodate the new fence. 368 00:15:23,934 --> 00:15:26,667 I do not have access to site condition 369 00:15:26,734 --> 00:15:29,633 prior to the construction of the new fence. 370 00:15:29,700 --> 00:15:32,165 However, it appears 371 00:15:32,233 --> 00:15:38,165 the tree instability may have been caused, 372 00:15:38,233 --> 00:15:40,734 may have been caused." 373 00:15:40,800 --> 00:15:42,567 - Right? [scoffs] - Yes. 374 00:15:42,633 --> 00:15:45,734 That's far from a hundred percent, sir. Far from it. 375 00:15:45,800 --> 00:15:47,165 [dramatic musical sting] 376 00:15:47,233 --> 00:15:49,667 [announcer] Coming up on Tribunal Justice. 377 00:15:49,734 --> 00:15:53,667 You notified the tenants that you wanted to speak with the owners 378 00:15:53,734 --> 00:15:54,800 and her response to you, 379 00:15:54,867 --> 00:15:57,867 "I gave the number to the owner of the house." 380 00:15:57,934 --> 00:15:59,533 Are you saying that your tenant lied? 381 00:15:59,600 --> 00:16:01,066 [dramatic musical sting] 382 00:16:03,066 --> 00:16:04,734 [theme music plays] 383 00:16:04,800 --> 00:16:08,800 [announcer] Loni Harlow is suing Javad Kaviani and Saeed Kianfar 384 00:16:08,867 --> 00:16:10,900 for half the cost of a new fence. 385 00:16:10,967 --> 00:16:13,333 Loni claims when their tree fell over, 386 00:16:13,400 --> 00:16:16,734 its roots came up from under her fence and destroyed it. 387 00:16:16,800 --> 00:16:20,467 But Javad and Saeed claim water runoff from Loni's property 388 00:16:20,533 --> 00:16:23,667 caused the tree to fall, so it's all her fault. 389 00:16:24,033 --> 00:16:27,000 Exhibit four, you began to discuss with Judge Acker 390 00:16:27,066 --> 00:16:31,734 the fact that you notified the tenants that you wanted to speak with the owners, 391 00:16:31,800 --> 00:16:35,567 these two defendants, and her response to you on January 10th, 392 00:16:35,633 --> 00:16:39,367 "Hello. I gave the number to the owner of the house." 393 00:16:39,433 --> 00:16:41,066 Are you saying that your tenant lied? 394 00:16:41,133 --> 00:16:43,266 - They didn't give me any. - [Judge Levy] Never gave you a number. 395 00:16:43,333 --> 00:16:45,300 Great. Show it to him. 396 00:16:45,367 --> 00:16:49,767 The return receipt from notification by the plaintiff to you, 397 00:16:49,834 --> 00:16:53,165 notifying you about the problems with the fence, Mr. 398 00:16:53,233 --> 00:16:55,834 "I didn't know. I had no knowledge of the damage." 399 00:16:55,900 --> 00:16:58,100 [Saeed] That's signature of my tenant living there. 400 00:16:58,165 --> 00:17:00,900 - [Judge Levy] Who is that? - My tenant living there, signature. 401 00:17:00,967 --> 00:17:03,367 So you seem to have a relationship with the tenant 402 00:17:03,433 --> 00:17:06,767 sufficiently so that you would know what their signature looks like. 403 00:17:06,834 --> 00:17:08,433 That's what you just told me. 404 00:17:08,500 --> 00:17:11,433 So are you saying that they never gave this to you either? 405 00:17:11,500 --> 00:17:13,700 - [Saeed] No, no. - Yeah. I don't believe that either. 406 00:17:13,767 --> 00:17:15,066 I have nothing further. 407 00:17:15,133 --> 00:17:17,666 Then we are gonna retire to deliberate. Thank you all. 408 00:17:18,032 --> 00:17:19,333 [Cassandra] Case is now recessed. 409 00:17:19,400 --> 00:17:20,567 Parties will be recalled. 410 00:17:20,633 --> 00:17:23,633 [dramatic musical sting] 411 00:17:25,032 --> 00:17:26,900 I don't believe the defendants for a second 412 00:17:26,967 --> 00:17:29,500 that, uh, when they said that they were unaware 413 00:17:29,567 --> 00:17:32,133 of the plaintiff's efforts to get in touch with them. 414 00:17:32,200 --> 00:17:34,667 The text from the defendant's tenants made it clear 415 00:17:34,734 --> 00:17:39,233 that they were relaying the information as well as the return receipt 416 00:17:39,300 --> 00:17:42,233 for the certified letter that the plaintiff sent over. 417 00:17:42,300 --> 00:17:43,800 They absolutely knew. 418 00:17:43,867 --> 00:17:45,367 Putting that aside, 419 00:17:45,433 --> 00:17:48,667 one thing that we did not show during the litigation 420 00:17:48,734 --> 00:17:51,400 that the plaintiff did provide us with proof, 421 00:17:51,467 --> 00:17:54,133 uh, of her payment by way of a cashier's check 422 00:17:54,200 --> 00:17:57,033 to her handyman for $4,500. 423 00:17:57,100 --> 00:17:59,567 Uh, so unlike the defendants who are suing 424 00:17:59,633 --> 00:18:01,300 - for a counterclaim for $500... - That they haven't paid. 425 00:18:01,367 --> 00:18:03,000 ... that they haven't paid, which by the way, 426 00:18:03,066 --> 00:18:04,500 they are never going to pay 427 00:18:04,567 --> 00:18:08,867 with a $60,000 contract with their engineers. 428 00:18:08,934 --> 00:18:10,300 But when I asked him, "Did you know him?" 429 00:18:10,367 --> 00:18:12,033 He goes, "No." Meanwhile, he's doing work on the place. 430 00:18:12,100 --> 00:18:13,333 So how could you lie to me about that? 431 00:18:13,400 --> 00:18:14,967 Shady as shady gets. 432 00:18:15,033 --> 00:18:18,400 With this, uh, engineer's report, which they claimed 433 00:18:18,467 --> 00:18:21,333 during their testimony was 100% conclusive, 434 00:18:21,400 --> 00:18:25,834 uh, that the damage was caused by her runoff water from this pipe. 435 00:18:25,900 --> 00:18:27,266 - Uh-hmm. - That only when confronted with it 436 00:18:27,333 --> 00:18:28,900 now we now know was false. 437 00:18:28,967 --> 00:18:32,200 They said it may have and it could have been many other things. 438 00:18:32,934 --> 00:18:36,500 I think the plaintiff did the right thing when she took the full amount, $4,500, 439 00:18:36,567 --> 00:18:38,400 and offered to split it in half. 440 00:18:38,467 --> 00:18:41,800 However, based upon her failure to provide us with any evidence 441 00:18:41,867 --> 00:18:45,467 as to how old that fence was, what condition it was in beforehand, 442 00:18:45,533 --> 00:18:49,633 I took her testimony, which was that it was a 75-foot fence 443 00:18:49,700 --> 00:18:54,934 that she paid $4,500 to replace. That's $60 a foot. 444 00:18:55,000 --> 00:18:57,934 She could have replaced the five-foot portion 445 00:18:58,000 --> 00:19:00,800 just caused by the defendant's tree 446 00:19:00,867 --> 00:19:04,734 and $60 a foot times five feet is $300. 447 00:19:04,800 --> 00:19:06,400 That's what I think she's entitled to. 448 00:19:07,000 --> 00:19:08,400 [Judge Acker] Here's my concern about that. 449 00:19:08,467 --> 00:19:13,266 Like, you just think about it as a matter of structural common sense. 450 00:19:13,333 --> 00:19:17,667 If that five feet has been damaged by that tree ball, 451 00:19:17,734 --> 00:19:21,533 it's going to have some domino impact on the rest of the fence, right? 452 00:19:21,600 --> 00:19:24,266 Like, you can't just rip out those five feet 453 00:19:24,333 --> 00:19:27,233 and then assume that the rest of it would be intact. 454 00:19:27,300 --> 00:19:30,300 Given that, I'd be inclined to give her everything she's asking for, 455 00:19:30,367 --> 00:19:31,600 which is the full half. 456 00:19:31,667 --> 00:19:34,500 Okay. So I was thinking more 457 00:19:34,567 --> 00:19:37,633 of giving her either the full half or 25%, 458 00:19:37,700 --> 00:19:40,433 because my feeling is the tree is his. 459 00:19:40,500 --> 00:19:42,800 The roots came up on her side. 460 00:19:42,867 --> 00:19:44,767 It damaged her property. 461 00:19:44,834 --> 00:19:45,934 He is responsible. 462 00:19:46,000 --> 00:19:49,400 As to the water runnage, you know, if it flowed naturally, fine, 463 00:19:49,467 --> 00:19:51,800 but she did have a responsibility to check it. 464 00:19:51,867 --> 00:19:54,633 But he had as much of a responsibility, according to the case law 465 00:19:54,700 --> 00:19:58,500 to make sure everything was fine on his property and with the runoff. 466 00:19:58,567 --> 00:20:01,300 So he knew that it was protruding on his property. 467 00:20:01,367 --> 00:20:04,533 And in front of the tree on a downhill slope. 468 00:20:04,600 --> 00:20:06,734 So he's responsible. 469 00:20:06,800 --> 00:20:10,367 But I would be comfortable with saying a quarter of the fence, 470 00:20:10,433 --> 00:20:13,367 which would be about $1,125 and, yeah, $1,120 I think. 471 00:20:13,433 --> 00:20:16,066 That's what I would give for the fence, because I agree with you 472 00:20:16,133 --> 00:20:17,567 that there is a domino effect. 473 00:20:17,633 --> 00:20:19,567 You can't just take out one portion. 474 00:20:19,633 --> 00:20:22,600 But I also think that strategically, she was waiting-- 475 00:20:22,667 --> 00:20:24,066 you know, she was gonna get a fence anyway. 476 00:20:24,133 --> 00:20:26,066 That was a rickety fence, yeah. This was a rickety fence. 477 00:20:26,133 --> 00:20:28,934 [Judge Levy] I'm prepared to change my decision with respect to the amount 478 00:20:29,000 --> 00:20:34,533 and I agree that there would be collateral damage to more of the fence. 479 00:20:34,600 --> 00:20:38,567 I believe that her request, her ask all along for half was reasonable. 480 00:20:38,633 --> 00:20:40,000 - I do, too. - [Judge Levy] So I'll change my verdict 481 00:20:40,066 --> 00:20:41,800 to $2,250 in paper. 482 00:20:41,867 --> 00:20:43,533 - So you wanna do half and not a quarter? - I do. 483 00:20:43,600 --> 00:20:44,600 - Because... - Oh, let's do half. 484 00:20:44,667 --> 00:20:46,133 [Judge DiMango] I mean, I'm good with a quarter, 485 00:20:46,200 --> 00:20:48,433 but I was also thinking maybe something a little punitive, 486 00:20:48,500 --> 00:20:50,567 which would come in if you wanted to do half the fence. 487 00:20:50,633 --> 00:20:52,600 - She was very reasonable, like, when... - Very reasonable. 488 00:20:52,667 --> 00:20:53,734 ... asking for half. 489 00:20:53,800 --> 00:20:55,967 - So, were we unanimous on half? - Yeah, I'll do half. 490 00:20:56,033 --> 00:20:57,033 - I'm not wedded... - Wonderful. 491 00:20:57,100 --> 00:20:59,100 - ... to the--for a quarter. - Perfect. Great. 492 00:20:59,166 --> 00:21:02,233 [dramatic musical sting] 493 00:21:02,734 --> 00:21:03,900 Court is back in session. 494 00:21:03,967 --> 00:21:06,300 All parties are reminded that you're still under oath. 495 00:21:07,033 --> 00:21:08,333 Thank you, Cassandra. 496 00:21:08,400 --> 00:21:11,200 - All right. So Mr. Kaviani and Kianfar. - Yes, sir. 497 00:21:11,266 --> 00:21:13,033 [Judge Levy] Let's start off with your counterclaim. 498 00:21:13,100 --> 00:21:16,300 The unanimous decision of the court is it's dismissed. 499 00:21:16,367 --> 00:21:17,667 There's no evidence you paid it. 500 00:21:17,734 --> 00:21:20,300 We have absolutely no expectation that you're gonna pay it 501 00:21:20,367 --> 00:21:22,066 after your engineer is getting paid by you 502 00:21:22,133 --> 00:21:25,367 to do the entire subdivision map for $60,000. 503 00:21:25,433 --> 00:21:28,900 I think that that ask was absolutely ridiculous, personally. 504 00:21:28,967 --> 00:21:30,433 My colleagues agreed. 505 00:21:30,500 --> 00:21:31,967 Case is being dismissed. 506 00:21:32,033 --> 00:21:36,000 Now, with respect to your main claim for $2,250 507 00:21:36,066 --> 00:21:37,667 for one half the fence, 508 00:21:37,734 --> 00:21:40,033 I can tell you, Ms. Harlow, that in the beginning, 509 00:21:40,100 --> 00:21:44,300 hmm, I was prepared to take the $4,500 that you paid, 510 00:21:44,367 --> 00:21:47,800 divide it by the 75-foot fence, take a five-foot section 511 00:21:47,867 --> 00:21:51,900 and times that by the $60 a foot amount and give you $300. 512 00:21:51,967 --> 00:21:55,233 I was convinced by my colleagues that there would be additional damage 513 00:21:55,300 --> 00:21:58,834 to a larger section of the fence when it was lifted up and they swayed me. 514 00:21:58,900 --> 00:22:01,667 So it is the unanimous verdict of this court 515 00:22:01,734 --> 00:22:04,166 that you are to receive from the defendants 516 00:22:04,233 --> 00:22:07,600 the entire amount of your claim, $2,250. 517 00:22:07,667 --> 00:22:09,100 We wish you both well. 518 00:22:09,166 --> 00:22:10,767 However, understand this. 519 00:22:10,834 --> 00:22:15,100 The people who suffer when there are absentee landlords are tenants. 520 00:22:15,166 --> 00:22:17,600 You gotta pay closer attention to your properties. 521 00:22:17,667 --> 00:22:20,033 Thank you very much. That's the unanimous verdict of the court. 522 00:22:20,100 --> 00:22:21,333 - [Loni] Thank you. - [gavel bangs] 523 00:22:21,400 --> 00:22:23,467 [Cassandra] This case is closed. All parties are dismissed. 524 00:22:23,533 --> 00:22:27,700 [theme music plays] 525 00:22:27,767 --> 00:22:30,433 We accept the judgment, but we do not agree with it. 526 00:22:30,500 --> 00:22:35,166 I just think they were doing anything to not have to pay for part of the fence. 527 00:22:35,233 --> 00:22:37,934 None of those paperwork she's claiming we have received, 528 00:22:38,000 --> 00:22:39,000 we have not received. 529 00:22:39,066 --> 00:22:41,533 I knew that eventually it would get taken care of. 530 00:22:41,600 --> 00:22:45,333 I'm happy that it's over, but I'm not happy with the verdict. 531 00:22:45,400 --> 00:22:47,834 I'm happy. God is good and he honors the truth. 532 00:22:47,900 --> 00:22:50,233 [announcer] Did someone destroy your property? 533 00:22:50,300 --> 00:22:53,333 Let Tribunal Justice decide your case. 534 00:22:53,400 --> 00:22:57,500 Find us on social media at Tribunal Justice. 535 00:22:57,567 --> 00:23:00,867 ["Ride of the Valkyries" plays]