1 00:00:00,166 --> 00:00:01,266 You sold her a sick cat. 2 00:00:01,333 --> 00:00:03,834 [narrator] Now, on Tribunal Justice. 3 00:00:03,900 --> 00:00:06,467 So, I had asked her, "Will I be provided vet records?" 4 00:00:06,533 --> 00:00:07,934 The paper was cut. 5 00:00:08,000 --> 00:00:10,867 Concealing evidence is a crime. 6 00:00:10,934 --> 00:00:12,600 It was a plethora of illnesses. 7 00:00:12,667 --> 00:00:14,734 You knew all that, and you hid that from her. 8 00:00:14,800 --> 00:00:18,300 Yes, but I cried my eyes out about losing that kitten. 9 00:00:18,367 --> 00:00:21,367 You're not as naive as you would like us to think. 10 00:00:21,433 --> 00:00:25,600 But the bottom line is, you made a choice to keep the cat that was ill. 11 00:00:28,266 --> 00:00:29,800 [theme music playing] 12 00:00:49,934 --> 00:00:52,800 [narrator] Today's case was filed in Bacliff, Texas. 13 00:00:53,900 --> 00:00:56,934 Your Honor, this is Case #3093 on the calendar 14 00:00:57,000 --> 00:01:00,533 in the matter of Elquza v. Arif. 15 00:01:00,600 --> 00:01:02,033 -Thank you, Byrd. -You're welcome, Judge. 16 00:01:02,100 --> 00:01:04,132 Parties have been sworn in, you may be seated. 17 00:01:04,200 --> 00:01:05,967 Ladies, have a seat, please. 18 00:01:06,033 --> 00:01:09,500 [Acker] Ms. Elquza, you bought a Persian kitten 19 00:01:09,567 --> 00:01:12,834 from the Defendant, it's the cat that you're now holding. 20 00:01:12,900 --> 00:01:14,000 -Mm-hmm. -You maintain 21 00:01:14,066 --> 00:01:17,200 that the Defendant, Ms. Arif, falsified vet records 22 00:01:17,265 --> 00:01:20,633 in order to conceal the animal's true health. 23 00:01:20,700 --> 00:01:24,100 And you're suing her for $5,000 for vet bills, 24 00:01:24,166 --> 00:01:26,400 a refund of the purchase price for the cat, 25 00:01:26,467 --> 00:01:28,600 and also for emotional distress. 26 00:01:28,667 --> 00:01:31,667 Ms. Arif, you maintain that you owe the Plaintiff nothing. 27 00:01:31,734 --> 00:01:33,900 -Yes. -You say you gave her an opportunity 28 00:01:33,967 --> 00:01:35,500 -to return the cat. -Yes. 29 00:01:35,567 --> 00:01:38,500 So she assumed the risk of whatever's wrong with the cat. 30 00:01:38,567 --> 00:01:40,333 -Yes. -You also have a countersuit 31 00:01:40,400 --> 00:01:42,400 against her for $10,000 32 00:01:42,467 --> 00:01:46,734 for what you describe as harassment and emotional distress. 33 00:01:46,800 --> 00:01:50,834 -Yes. -Ma'am, that is the cutest gosh darn cat 34 00:01:50,900 --> 00:01:53,667 I have seen in many, many a moon. 35 00:01:53,734 --> 00:01:54,934 Uh, what is her name? 36 00:01:55,000 --> 00:01:56,166 Filfil. It's a he. 37 00:01:56,233 --> 00:01:57,866 Oh, that's right. Oh, good point! 38 00:01:57,934 --> 00:01:59,866 That's actually material a bit to the case. 39 00:01:59,934 --> 00:02:01,867 Filfil. You became aware of the cat, 40 00:02:01,934 --> 00:02:04,300 because you work with the Defendant's sister. 41 00:02:04,367 --> 00:02:06,967 Yes, I work with the Defendant's sister. I'm a nurse. 42 00:02:07,033 --> 00:02:08,866 We work in the same hospital. She posted on Facebook 43 00:02:08,934 --> 00:02:12,266 and shared her sister's post, uh, selling a Persian kitten. 44 00:02:12,333 --> 00:02:16,300 You already had a Persian cat, a boy. You were looking for a girl. 45 00:02:16,367 --> 00:02:20,000 I was looking for whatever, but she initially told me girl 46 00:02:20,066 --> 00:02:24,266 and I had asked her through text, what is better as far as them getting along. 47 00:02:24,333 --> 00:02:27,200 -I just wanted companionship for my pet. -[cat meows] 48 00:02:27,266 --> 00:02:29,767 -Can I pass him over to my witness? -[Acker] Yes. 49 00:02:29,834 --> 00:02:32,166 Yes, give Filfil a little break. 50 00:02:32,233 --> 00:02:35,966 So you go pick up Filfil on January 10th. 51 00:02:36,033 --> 00:02:39,466 And did the defendant give you vet records at that time? 52 00:02:39,533 --> 00:02:42,367 So initially, right before I picked him up a few days prior, 53 00:02:42,433 --> 00:02:46,166 she told me, "Hey, he's--" Like I said, the the sex wasn't female, 54 00:02:46,233 --> 00:02:49,066 in fact it was male. I asked her if it was gonna be a difference in price. 55 00:02:49,133 --> 00:02:51,834 She told me, "No, you're getting a steal, you're getting a Persian." 56 00:02:51,900 --> 00:02:55,633 We decided in January, she told me that he would be ready 57 00:02:55,700 --> 00:03:00,266 in regards to having him weaned off the mom and you know, all that good stuff. 58 00:03:00,333 --> 00:03:02,900 So I had asked her will I be provided vet records, 59 00:03:02,967 --> 00:03:06,100 and she said that she can provide that to me upon retrieving the pet. 60 00:03:06,166 --> 00:03:09,100 What do you notice on the vet report? Could we put up Exhibit A, please? 61 00:03:09,166 --> 00:03:11,300 I have the actual record of that she provided me with. 62 00:03:11,367 --> 00:03:13,734 -The last page, as you can see... -[Acker] What stood out? 63 00:03:13,800 --> 00:03:15,567 ...is looking like this. 64 00:03:15,633 --> 00:03:17,233 The paper was cut. 65 00:03:17,300 --> 00:03:19,400 I'm a nurse, so usually with the pet summary 66 00:03:19,466 --> 00:03:21,500 it's going to give you more than just the eyes. 67 00:03:21,567 --> 00:03:23,300 As you can see, it ends with the eyes. 68 00:03:23,367 --> 00:03:26,834 "I went ahead and remembered, "Hey, I have her vet information on these sheets." 69 00:03:26,900 --> 00:03:29,000 I called the vet and I requested the records. 70 00:03:29,066 --> 00:03:31,100 They told me it was gonna take a couple of days, so... 71 00:03:31,166 --> 00:03:34,567 And then you did ultimately get that record on or about January 15th. 72 00:03:34,633 --> 00:03:36,433 Can we put up Exhibit 7, please? 73 00:03:36,500 --> 00:03:39,166 So just so we're clear, the first Exhibit 74 00:03:39,233 --> 00:03:42,166 -was what the Defendant gave you. -Absolutely. 75 00:03:42,233 --> 00:03:47,100 This report is the report that you obtained directly from the vet. 76 00:03:47,166 --> 00:03:49,400 [Ahalam] When I did see that record, I was upset... 77 00:03:49,466 --> 00:03:52,767 [Acker] Because what we see, and I'm just going to advance you a bit. 78 00:03:52,834 --> 00:03:57,934 The full vet report, after the part that was cut off by the Defendant... 79 00:03:58,000 --> 00:03:59,800 -Ear mites. -[Ahalam] Mm-hmm. 80 00:03:59,867 --> 00:04:01,934 [Acker] So I have to ask you, Ms. Arif. 81 00:04:02,000 --> 00:04:04,233 Why'd you cut the paper? 82 00:04:04,300 --> 00:04:07,667 I cut it, because all of that information was me and the vet's business. 83 00:04:07,734 --> 00:04:10,333 -I did what I had promised her. -[Acker] Wrong. Stop. Stop. 84 00:04:10,400 --> 00:04:13,266 That act of concealment suggests to me 85 00:04:13,333 --> 00:04:17,767 that you were concerned about the notation regarding ear mites. 86 00:04:17,834 --> 00:04:19,500 Ear mites are contagious, are they not? 87 00:04:19,567 --> 00:04:20,700 Yes, they are. 88 00:04:20,767 --> 00:04:23,900 -[Acker] And did your, uh-- -Your Honor, ear mites are contagious, 89 00:04:23,967 --> 00:04:26,800 but with that being said, if that kitten has ear mites, 90 00:04:26,867 --> 00:04:28,834 -all my other cats would have ear mites. -[Acker] No. 91 00:04:28,900 --> 00:04:30,266 I'm gonna stop you right there. 92 00:04:30,332 --> 00:04:31,900 -I don't believe that to be true. -No. 93 00:04:31,967 --> 00:04:34,433 I think that just because something's contagious 94 00:04:34,500 --> 00:04:36,600 doesn't mean everybody's gonna get it. 95 00:04:36,667 --> 00:04:37,967 -Did your other cat--? -[Ahalam] No. 96 00:04:38,033 --> 00:04:40,266 -What was your first cat's name? -My first cat's name was Khili. 97 00:04:40,332 --> 00:04:41,700 He did not get it from her. 98 00:04:41,767 --> 00:04:44,900 Because once I found out, as advised by my veterinarian, 99 00:04:44,967 --> 00:04:46,500 get them separated. 100 00:04:46,567 --> 00:04:49,033 His situation was that it was so deep into his ear canal 101 00:04:49,100 --> 00:04:50,933 that it was an actual yeast infection. 102 00:04:51,000 --> 00:04:52,100 He was in agony. 103 00:04:52,166 --> 00:04:55,367 And based off of my vet, it just takes, Your Honor, one treatment. 104 00:04:55,433 --> 00:04:58,266 One dose of medication is all it takes to treat these animals, 105 00:04:58,332 --> 00:05:01,867 and when I called her vet they did not know that she concealed that information, 106 00:05:01,934 --> 00:05:03,066 -and he told me that. -Okay, so, 107 00:05:03,133 --> 00:05:05,433 and I'm gonna stop you right there, and let's go back to Ms. Arif 108 00:05:05,500 --> 00:05:07,400 and let her defend herself a bit. 109 00:05:07,467 --> 00:05:11,166 When you spoke to your vet about the cat's condition, 110 00:05:11,233 --> 00:05:14,266 what did the vet say to you about the ear mites? 111 00:05:14,333 --> 00:05:18,400 The vet did advise me of that, but assured me it wasn't a serious condition. 112 00:05:18,467 --> 00:05:21,300 -And he also told me-- -[Acker] So, the answer is yes. 113 00:05:21,367 --> 00:05:25,967 And you did not communicate to her information you received from the vet. 114 00:05:26,033 --> 00:05:28,867 We actually have an expert in court with us today. 115 00:05:28,934 --> 00:05:31,600 Can I please ask our expert Mr. Dumas to take the stand? 116 00:05:32,433 --> 00:05:37,233 While you're getting settled, sir, Filfil ended up having another condition, too. 117 00:05:37,300 --> 00:05:38,800 What else happened to Filfil? 118 00:05:38,900 --> 00:05:40,266 [dramatic music playing] 119 00:05:40,332 --> 00:05:43,000 [narrator] Coming up, on Tribunal Justice... 120 00:05:43,066 --> 00:05:44,400 But the bottom line is 121 00:05:44,467 --> 00:05:46,933 there was a time when they offered to give you the money back. 122 00:05:47,000 --> 00:05:49,066 -Yes. -You said no. Why? 123 00:05:52,000 --> 00:05:53,600 [theme music playing] 124 00:05:54,166 --> 00:05:56,433 [narrator] Ahalam Elquza is suing Anna Arif 125 00:05:56,500 --> 00:05:59,933 for selling her a sick kitten infested with ear mites and ringworm. 126 00:06:00,066 --> 00:06:03,967 Ahalam wants $5,000 for vet bills and emotional distress. 127 00:06:04,033 --> 00:06:07,767 Anna says her offer to return the cat for a refund was refused, 128 00:06:07,834 --> 00:06:12,400 and is counter-suing for 10,000 for harassment and emotional distress. 129 00:06:12,467 --> 00:06:15,867 Filfil ended up having another condition, too. 130 00:06:15,934 --> 00:06:18,033 Uh, what else happened to Filfil? 131 00:06:18,100 --> 00:06:20,667 When I went the next day, it was a plethora of illnesses. 132 00:06:20,734 --> 00:06:24,200 He had ear mites, there was a yeast infection in his ear, 133 00:06:24,266 --> 00:06:25,367 and he had ringworm. 134 00:06:25,433 --> 00:06:27,600 From there, they told me he was highly contagious. 135 00:06:27,667 --> 00:06:30,500 I had to bleach all my, you know, my house, 136 00:06:30,567 --> 00:06:33,200 -and I have kids, and... -[Acker] Can we put up Exhibit 10, please? 137 00:06:33,266 --> 00:06:36,133 -Because you actually contracted ringworm. -[Ahalam] Yes, Ma'am. 138 00:06:36,200 --> 00:06:39,066 [Acker] Dr. Dumas, could you please tell us what you do for a living? 139 00:06:39,133 --> 00:06:41,700 So, I am a veterinarian. 140 00:06:41,767 --> 00:06:44,867 So I'm a general practitioner licensed in the state of California. 141 00:06:44,933 --> 00:06:47,433 Can you talk a little bit about ringworm, 142 00:06:47,500 --> 00:06:49,667 and what's the likelihood of transmittal 143 00:06:49,734 --> 00:06:52,100 to humans with whom it might be in contact? 144 00:06:52,166 --> 00:06:54,834 Okay, so ringworm is actually a fungus, 145 00:06:54,900 --> 00:06:56,500 um, contrary to the name. 146 00:06:56,567 --> 00:07:00,133 Um, I may also add that Persian cats 147 00:07:00,200 --> 00:07:03,567 are actually susceptible to ringworm infection 148 00:07:03,633 --> 00:07:05,900 um, and the same case as the mites. 149 00:07:05,967 --> 00:07:07,667 There needs to be some sort of reservoir. 150 00:07:07,734 --> 00:07:10,433 There needs to be something where they're in the environment 151 00:07:10,500 --> 00:07:13,967 or an animal that is carrying the fungus 152 00:07:14,033 --> 00:07:18,367 because it has to be direct, in direct contact to establish an infection. 153 00:07:18,433 --> 00:07:21,200 The infection usually takes a few hours, 154 00:07:21,266 --> 00:07:23,433 uh, but to see clinical signs and symptoms, 155 00:07:23,500 --> 00:07:27,100 so to actually see the classical epidermal collarette, 156 00:07:27,166 --> 00:07:29,533 so the rednessing of the skin that we saw 157 00:07:29,600 --> 00:07:31,667 typically takes between one and three weeks. 158 00:07:31,734 --> 00:07:33,433 [Acker] Between one and three weeks. 159 00:07:33,500 --> 00:07:36,200 -When did you develop ringworm? -It was in February. 160 00:07:36,266 --> 00:07:38,433 And when did you notice it on Filfil? 161 00:07:38,500 --> 00:07:42,367 Um, the day after I saw the cutting of the records 162 00:07:42,433 --> 00:07:43,900 I started questioning everything. 163 00:07:43,967 --> 00:07:47,633 I kind of spread up his abdomen, and I saw that picture right there. 164 00:07:47,700 --> 00:07:49,500 He had shedding on his abdomen. 165 00:07:49,567 --> 00:07:51,734 So I knew based off of my own nursing judgment 166 00:07:51,800 --> 00:07:53,567 that that was ringworm, and I know it was fungal. 167 00:07:53,633 --> 00:07:57,166 So I vividly remember him scratching my arm when I picked him up on the 10th. 168 00:07:57,233 --> 00:07:59,467 [Acker] So, uh, Dr. Dumas, 169 00:07:59,533 --> 00:08:03,300 talk to us a little bit about ear mites, how they're treated, 170 00:08:03,367 --> 00:08:05,800 and what happens if they're not treated promptly. 171 00:08:05,867 --> 00:08:07,800 Yeah, so air mites are an ectoparasite, 172 00:08:07,867 --> 00:08:12,200 so there needs to be an animal that is carrying the mite 173 00:08:12,266 --> 00:08:15,400 to transfer it over to the cat in question. 174 00:08:15,467 --> 00:08:17,467 The simplest way to confirm ear mites 175 00:08:17,533 --> 00:08:21,133 is to do something called a cytology an ear cytology, 176 00:08:21,200 --> 00:08:23,233 and basically, you will swab the ears 177 00:08:23,300 --> 00:08:25,433 and roll it over a microscope slide. 178 00:08:25,500 --> 00:08:27,734 Uh, you'll stain and you'll dip it, and you'll be able 179 00:08:27,800 --> 00:08:29,867 to actually see the mites under a light microscope. 180 00:08:29,934 --> 00:08:31,000 Thank you for your testimony. 181 00:08:31,066 --> 00:08:33,500 I'm gonna pass the case for the moment to Judge DiMango. 182 00:08:33,567 --> 00:08:35,967 I'm not gonna have any questions of you right now, Doctor, 183 00:08:36,033 --> 00:08:37,533 so if you wanna take a seat. 184 00:08:37,600 --> 00:08:40,200 But I do have some questions of all of you. 185 00:08:40,265 --> 00:08:42,200 -Mm-hmm. -I was looking through the papers, 186 00:08:42,265 --> 00:08:47,400 and you had on, I don't know, like, 12 different occasions 187 00:08:47,467 --> 00:08:50,500 between December 15th when you reached out to her... 188 00:08:50,567 --> 00:08:53,400 -Yeah. -...and January, where you were told 189 00:08:53,467 --> 00:08:55,867 -that this was a female kitten. -Yes. 190 00:08:55,934 --> 00:08:59,100 And she attributed it to the fact that it's very furry and you can't tell. 191 00:08:59,165 --> 00:09:01,133 -Mm-hmm,. -This is the ad you responded to. 192 00:09:01,200 --> 00:09:03,033 -Would that be correct? -That wasn't it. 193 00:09:03,100 --> 00:09:06,400 I provided that so I can show that she was interested in forming a cattery. 194 00:09:06,467 --> 00:09:08,667 She wanted to breed these pets and sell them. 195 00:09:08,734 --> 00:09:11,900 But this is not the first time you've bred Persian kittens, is it? 196 00:09:11,967 --> 00:09:14,133 That would be incorrect, this is my first time. 197 00:09:14,200 --> 00:09:16,333 I don't breed them as a business. 198 00:09:16,400 --> 00:09:18,500 I wasn't interested in really starting-- 199 00:09:18,567 --> 00:09:20,266 -So, this is yours? -Yes, Ma'am. 200 00:09:20,333 --> 00:09:23,233 -Those are the same pictures she sent me. -That's why I'm asking. 201 00:09:23,300 --> 00:09:26,233 All of a sudden. "Oh, now we have a male, you can have it." 202 00:09:26,300 --> 00:09:29,633 So I'm thinking, maybe they pulled the bait and switch here on you. 203 00:09:29,700 --> 00:09:34,433 And that's why all of a sudden, after 13 or 14 different messages 204 00:09:34,500 --> 00:09:36,800 as to, "It's a girl, it's a girl." "Are you sure?" 205 00:09:36,867 --> 00:09:39,500 You asked several times. "Yes, I'm sure, yes, I'm sure." 206 00:09:39,567 --> 00:09:42,165 May I speak? I would like to add that 207 00:09:42,233 --> 00:09:46,600 I have never bred kittens-- cats before. This is my first time even owning a pet. 208 00:09:46,667 --> 00:09:49,533 I'm not a professional breeder, by any means. 209 00:09:49,600 --> 00:09:53,367 I'm not familiar with how to tell these things and how to do this-- 210 00:09:53,433 --> 00:09:54,934 Oh, well, you know what? 211 00:09:55,000 --> 00:09:59,700 I don't like when people who are in a position where they're advertising, 212 00:09:59,767 --> 00:10:01,500 where they're selling, where they're relating, 213 00:10:01,567 --> 00:10:04,133 where they're, uh, what do you do? Are you in school? 214 00:10:04,200 --> 00:10:05,266 -High school. -High school. 215 00:10:05,333 --> 00:10:08,834 And they say, all of a sudden, they don't know anything. 216 00:10:08,900 --> 00:10:11,500 -Then don't sell your kittens. -[Anna] I'm not blaming... 217 00:10:11,567 --> 00:10:14,767 So you can't stand there and say, "I cut off a half a piece of paper 218 00:10:14,834 --> 00:10:17,066 because I don't know anything. I don't know how to do this." 219 00:10:17,133 --> 00:10:20,033 You're not as naive as you would like us to think. 220 00:10:20,100 --> 00:10:22,600 I believe that all along, 221 00:10:22,667 --> 00:10:25,734 they weren't giving you the female, because they were giving you the male 222 00:10:25,800 --> 00:10:27,500 that turned out to have the problems. 223 00:10:27,567 --> 00:10:29,433 -Mm-hmm. -Now, at an early age, 224 00:10:29,500 --> 00:10:31,633 there's a name, they named the little kitten Romeo. 225 00:10:31,700 --> 00:10:34,300 You named it Filfil, because it's like salt and pepper, right? 226 00:10:34,367 --> 00:10:35,367 -In your language? -Yes. 227 00:10:35,433 --> 00:10:37,533 But the bottom line is, there was a time 228 00:10:37,600 --> 00:10:39,300 when they offered to give you the money back. 229 00:10:39,367 --> 00:10:41,066 -Yes. -You said no. Why? 230 00:10:41,133 --> 00:10:42,967 So for that, there was multiple reasons. 231 00:10:43,033 --> 00:10:45,165 At this point, I've had the pet for five days. 232 00:10:45,233 --> 00:10:47,367 -[DiMango] Mm-hmm. -My first cat is, you know, 233 00:10:47,433 --> 00:10:48,867 is very boring for my kids. 234 00:10:48,934 --> 00:10:51,633 And the second cat, again, younger, fun, vivacious... 235 00:10:51,700 --> 00:10:54,467 [Di Mango] So you can get a cat that you knew was ill. 236 00:10:54,533 --> 00:10:58,367 So I'm saying to you, you made a choice to keep the cat that was ill. 237 00:10:58,433 --> 00:10:59,900 [dramatic music playing] 238 00:10:59,967 --> 00:11:02,667 [narrator] Coming up, on Tribunal Justice... 239 00:11:02,734 --> 00:11:07,033 You got tired of having text messages or messages sent to you, 240 00:11:07,100 --> 00:11:11,033 so you called the police on the Plaintiff. 241 00:11:11,734 --> 00:11:13,900 And this is what you told the police... 242 00:11:19,066 --> 00:11:22,467 [narrator] Ahalam Elquza claims Anna Arif sold her a sick kitten 243 00:11:22,533 --> 00:11:24,266 that infected her with ringworm. 244 00:11:24,333 --> 00:11:28,600 She's suing Anna for $5,000 for vet bills and emotional distress. 245 00:11:28,667 --> 00:11:32,133 But Anna says Ahalam rejected her offer to return the cat for a refund, 246 00:11:32,200 --> 00:11:34,100 then began harassing her. 247 00:11:34,165 --> 00:11:38,500 So Anna's counter-suing for $10,000 in emotional distress and harassment. 248 00:11:38,567 --> 00:11:40,767 You know, the offer that she gave you 249 00:11:40,834 --> 00:11:43,233 was something that would have remedied the situation 250 00:11:43,300 --> 00:11:45,567 prior to you getting all the bills. 251 00:11:45,633 --> 00:11:49,500 However, by the time she did that, had you incurred your vet bills? 252 00:11:49,567 --> 00:11:51,066 I incurred my vet bills the day after 253 00:11:51,133 --> 00:11:53,767 she asked me if I wanted to keep him. She'll give me my money back. 254 00:11:53,834 --> 00:11:55,533 The day after. Okay. Thank you very much. 255 00:11:55,600 --> 00:11:57,233 -You're welcome. -Judge Levy? 256 00:11:57,300 --> 00:11:58,533 -[Levy] Ms. Arif. -Yes. 257 00:11:58,600 --> 00:12:02,834 So you told Judge Acker that what you cut off 258 00:12:02,900 --> 00:12:08,834 included additional information that established the kitten was unhealthy. 259 00:12:09,367 --> 00:12:13,533 Yes, but I would like to add that I cried my eyes out 260 00:12:13,600 --> 00:12:15,500 -about losing that kitten. -[Levy] Yeah, okay! 261 00:12:15,567 --> 00:12:17,900 -Because I miss that baby like something. -[Levy] Got it. Okay. 262 00:12:17,967 --> 00:12:22,900 You knew that the animal also had worms, correct? 263 00:12:22,967 --> 00:12:24,734 -I was not made aware... -[Levy] You didn't know... 264 00:12:24,800 --> 00:12:27,133 that the animal had any sort of worms or anything. 265 00:12:27,200 --> 00:12:29,233 The doctor did a physical examination of... 266 00:12:29,300 --> 00:12:33,734 Don't tell me what the doctor did. I have the doctor's full report now. 267 00:12:33,800 --> 00:12:36,767 -Yes, and if there was any worms... -So this-- Now, now, sir. 268 00:12:36,834 --> 00:12:38,333 Can you please step back up? 269 00:12:38,400 --> 00:12:40,667 This is the information that you chose to share 270 00:12:40,734 --> 00:12:43,934 on the top half of the medical record before you cut it. 271 00:12:44,000 --> 00:12:48,233 "Owner declined FELV and deworming. 272 00:12:48,300 --> 00:12:52,233 And the FELV protects cats from feline leukemia virus 273 00:12:52,300 --> 00:12:54,734 that can cause a variety of health problems, 274 00:12:54,800 --> 00:12:58,333 including cancer, anemia, and immune suppression." True? 275 00:12:58,400 --> 00:12:59,400 Yes. 276 00:12:59,467 --> 00:13:03,834 "Ear mites smear recommended. Owner declined." Right? 277 00:13:03,900 --> 00:13:05,667 -Yes, he said-- -Good. How much does that test-- 278 00:13:05,734 --> 00:13:07,300 That smear test usually cost? 279 00:13:07,367 --> 00:13:09,900 -Probably no more than $50. -[Levy] Fifty bucks. Good. 280 00:13:09,967 --> 00:13:14,166 "Ear stain recommended. Owner declined." 281 00:13:14,233 --> 00:13:15,266 -Right? -Yes. 282 00:13:15,333 --> 00:13:17,200 -How much is that test? -Probably also about $50. 283 00:13:17,266 --> 00:13:18,967 [Levy] About 50 bucks. 284 00:13:19,033 --> 00:13:23,133 An ear stain in cats can indicate ear mites, yeast infections, 285 00:13:23,200 --> 00:13:25,433 -or other problems. True? -True. 286 00:13:25,500 --> 00:13:27,033 So, you knew all that! 287 00:13:27,100 --> 00:13:28,533 And you hid that from her. 288 00:13:28,600 --> 00:13:32,400 That made you angry because you know that this person shouldn't have goldfish, 289 00:13:32,467 --> 00:13:34,734 -never mind kittens. -Absolutely. 290 00:13:34,800 --> 00:13:39,433 And you got tired of having text messages or messages sent to you, 291 00:13:39,500 --> 00:13:42,967 so you called the police on the Plaintiff. 292 00:13:44,066 --> 00:13:46,533 And this is what you told the police. 293 00:13:46,600 --> 00:13:50,066 "Caller states that she sold a kitten to her sister's coworker. 294 00:13:50,133 --> 00:13:53,300 The cat was checked out by a vet and was fine." 295 00:13:53,367 --> 00:13:54,867 To a police officer! 296 00:13:54,934 --> 00:13:57,100 -What the vet told me, that's all I'm-- -[Levy] Stop! 297 00:13:57,165 --> 00:13:59,367 -'Cause you got a call from the police? -Absolutely. 298 00:13:59,433 --> 00:14:04,867 I wanna hear a voicemail message that you received from the Police Department. 299 00:14:04,934 --> 00:14:06,033 Let's put that up. 300 00:14:12,633 --> 00:14:14,367 How'd that make you feel after receiving it? 301 00:14:14,433 --> 00:14:16,000 -Horrible. -Horrible. Terrified. 302 00:14:16,066 --> 00:14:18,367 -Ever been contacted by the police before? -No. 303 00:14:18,433 --> 00:14:20,100 -No. -Nope? I have nothing further. 304 00:14:20,166 --> 00:14:21,200 Thank you very much. 305 00:14:21,266 --> 00:14:23,567 Thank you, Judge. Ma'am. You can take the stand. 306 00:14:23,633 --> 00:14:26,100 I know this is your daughter. You seem to have feelings. 307 00:14:26,166 --> 00:14:27,500 What do you have to offer? 308 00:14:27,567 --> 00:14:29,834 First of all, she's not a bad businesswoman 309 00:14:29,900 --> 00:14:32,266 -and she's not this-- -[Acker] I'm going to stop you. 310 00:14:32,333 --> 00:14:35,633 Because I understand very much why and how 311 00:14:35,700 --> 00:14:38,133 you want to engage in this defense of her character. 312 00:14:38,200 --> 00:14:40,400 -Mm-hmm. -But we started this case 313 00:14:40,467 --> 00:14:42,734 describing her manipulation of evidence. 314 00:14:42,800 --> 00:14:46,900 And I don't know if either of you get how serious that is. 315 00:14:46,967 --> 00:14:48,633 We're all lawyers up here. 316 00:14:48,700 --> 00:14:50,600 -If we were in trial... -[Ambreen] Yeah, I-- 317 00:14:50,667 --> 00:14:54,600 ...and if we did to a document what your daughter did to that document, 318 00:14:54,667 --> 00:14:56,867 -we could lose our lose our law licenses. -[Ahalam] Mm-hmm. 319 00:14:56,934 --> 00:14:58,000 We could go to jail. 320 00:14:58,066 --> 00:15:01,133 Concealing evidence is a crime. 321 00:15:01,200 --> 00:15:05,033 You can get into a lot more trouble than owing this woman whatever money 322 00:15:05,100 --> 00:15:07,266 -you may end up owing her. -Can I get a chance to talk? 323 00:15:07,333 --> 00:15:09,467 -[Acker] Now you may. -Okay. Because she's a teenager, 324 00:15:09,533 --> 00:15:11,867 she didn't realize what she was doing. It was not on purpose 325 00:15:11,934 --> 00:15:13,233 that she was trying to hide. 326 00:15:13,300 --> 00:15:15,767 -She said this was not of her doing. -[Acker] Ma'am, she's 18, 327 00:15:15,834 --> 00:15:18,867 and she's testifying in court, and she took $800 from this nurse 328 00:15:18,934 --> 00:15:20,433 who works for a living. 329 00:15:20,500 --> 00:15:23,000 -$800 is quite a lot of money. -That's a lot of money. 330 00:15:23,066 --> 00:15:25,667 -That went from her pocket to your pocket. -I have a question. 331 00:15:25,734 --> 00:15:27,967 If the cat was sick, why would she keep it? 332 00:15:28,033 --> 00:15:29,834 [Acker] I will tell you why she kept the cat. 333 00:15:29,900 --> 00:15:32,500 -Mm-hmm. -Because five days is a long time 334 00:15:32,567 --> 00:15:34,333 to have an animal in your home 335 00:15:34,400 --> 00:15:37,165 bonded with your family and your young children. 336 00:15:37,233 --> 00:15:40,367 May I ask or mention one thing? I'm an avid animal lover. 337 00:15:40,433 --> 00:15:41,767 I have multiple pets. 338 00:15:41,834 --> 00:15:44,165 And the reason, honestly, as evidenced by my messages, 339 00:15:44,233 --> 00:15:47,467 was I kept him because what condition would he be in, 340 00:15:47,533 --> 00:15:50,333 knowing that I'm going to send him back to a home where he's not loved. 341 00:15:50,400 --> 00:15:52,367 -[Acker] Thanks, I have nothing else. -[DiMango] I do. 342 00:15:52,433 --> 00:15:55,867 I'm not saying she did the right thing, but she did make an offer to you 343 00:15:55,934 --> 00:15:58,066 to give the cat back, and she would give you the money. 344 00:15:58,133 --> 00:16:01,100 And what were you gonna do with it after she paid for all those bills? 345 00:16:01,166 --> 00:16:02,467 Were you gonna pay for the bills? 346 00:16:02,533 --> 00:16:06,233 -No, I was not gonna pay her vet bills. -[DiMango] Why not? 347 00:16:06,300 --> 00:16:10,433 Because the vet bills that she was allegedly sending me were not bills, 348 00:16:10,500 --> 00:16:11,500 they were estimates. 349 00:16:11,567 --> 00:16:14,700 When I zoomed into the pictures it was estimates, 350 00:16:14,767 --> 00:16:17,767 and I know this, because I take my other kittens to the vet, 351 00:16:17,834 --> 00:16:20,400 -and they hand you-- -[DiMango] I thought you don't know! 352 00:16:20,467 --> 00:16:23,700 We asked her to bring the cat back before she's spending her money. 353 00:16:23,767 --> 00:16:26,033 Listen, she was crying, according to her. 354 00:16:26,100 --> 00:16:27,867 She did nothing but cry for two weeks. 355 00:16:27,934 --> 00:16:31,266 So, if she’s crying for two weeks, why can't you understand they connected. 356 00:16:31,333 --> 00:16:35,433 And these are young children who don't have the sense of time that adults have. 357 00:16:35,500 --> 00:16:38,300 I don't have any other questions. We're gonna retire to deliberate. 358 00:16:38,367 --> 00:16:41,233 Doctor, you may have a seat, and Ma'am, you may have a seat as well. 359 00:16:41,300 --> 00:16:43,033 Court now stands in recess. 360 00:16:43,100 --> 00:16:46,600 This case will be recalled. Parties are excused. 361 00:16:46,667 --> 00:16:48,667 [dramatic music playing] 362 00:16:51,033 --> 00:16:52,934 [dramatic music playing] 363 00:16:53,000 --> 00:16:55,533 I'm hoping we can make short work of this. 364 00:16:55,600 --> 00:16:57,100 I don't think there's any way the Plaintiff 365 00:16:57,165 --> 00:16:58,700 doesn't get everything she's asking for. 366 00:16:58,767 --> 00:17:02,400 If she's asked for more, I'd give her the additional amount 367 00:17:02,467 --> 00:17:03,767 in punitive damages. 368 00:17:03,834 --> 00:17:08,867 This was an intentional omission of material information. 369 00:17:08,934 --> 00:17:12,300 It was its own misrepresentation, it was deliberate. 370 00:17:12,367 --> 00:17:14,200 It just was wrong in every way. 371 00:17:14,266 --> 00:17:17,233 I mean, I think as we all know, if this case were being litigated 372 00:17:17,300 --> 00:17:20,000 in a court of unlimited jurisdiction-- 373 00:17:20,066 --> 00:17:22,599 Say it was a $100,000 case, and the lawyer did something like that. 374 00:17:22,666 --> 00:17:24,266 They would lose on directed verdict. 375 00:17:24,333 --> 00:17:26,934 The judge would say, "I don't want to hear anything else? Case over." 376 00:17:27,000 --> 00:17:29,667 [DiMango] Do you know how many cases are reversed for withholding evidence 377 00:17:29,734 --> 00:17:32,700 or distorting evidence because of one little piece of paper, 378 00:17:32,767 --> 00:17:34,567 let alone just cutting it off. 379 00:17:34,633 --> 00:17:36,667 I mean, with just no regard. 380 00:17:36,734 --> 00:17:38,633 And I truthfully, I think there was a bait and switch. 381 00:17:38,700 --> 00:17:41,900 I think that all along, they were willing to give her a female kitten, 382 00:17:41,967 --> 00:17:44,567 and when it turned out to be sick, that was the one they gave her. 383 00:17:44,633 --> 00:17:47,300 The police, as we know, 384 00:17:47,367 --> 00:17:49,533 to be called for something minor like this 385 00:17:49,600 --> 00:17:53,233 when there are people being robbed and burglarized and murdered, 386 00:17:53,300 --> 00:17:56,133 uh, that's what they need to do, they need to go check on a cat. 387 00:17:56,200 --> 00:17:59,500 Listen, in all fairness, if in fact the Defendant was feeling threatened 388 00:17:59,567 --> 00:18:01,834 and harassed by those messages, 389 00:18:01,900 --> 00:18:04,000 which I don't believe rose to that level to begin with, 390 00:18:04,066 --> 00:18:06,266 ah, you know, you're feeling threatened, you call the police, 391 00:18:06,333 --> 00:18:08,500 police will contact the other party and say don't call. 392 00:18:08,567 --> 00:18:11,133 You call the police and lie to them 393 00:18:11,200 --> 00:18:15,600 and say that I sold her a healthy cat, and she's all over me. 394 00:18:15,667 --> 00:18:17,433 That's a different story. 395 00:18:17,500 --> 00:18:19,233 It's not really a police matter at that point, 396 00:18:19,300 --> 00:18:21,533 based on what we've seen on these papers here. 397 00:18:21,600 --> 00:18:23,767 No, here it was clearly not a police matter, 398 00:18:23,834 --> 00:18:25,000 because she made it up. 399 00:18:25,066 --> 00:18:27,300 -'Cause she contrived, fabricated a story. -Exactly. 400 00:18:27,367 --> 00:18:29,133 I assume we're unanimous in dismissing 401 00:18:29,200 --> 00:18:30,834 -this silly countersuit. -[DiMango] We are. 402 00:18:30,900 --> 00:18:32,967 -Absolutely. Absolutely. -It's almost offensive. 403 00:18:33,033 --> 00:18:35,033 [dramatic music playing] 404 00:18:37,266 --> 00:18:40,667 Court is back in session, I remind all parties, you're still under oath. 405 00:18:40,734 --> 00:18:41,800 [Acker] Thank you, Byrd. 406 00:18:41,867 --> 00:18:44,734 We have deliberated, and we've reached a unanimous verdict 407 00:18:44,800 --> 00:18:48,300 both as to the complaint and as to the countersuit. 408 00:18:48,367 --> 00:18:50,867 I'm going to start with the countersuit first. 409 00:18:50,934 --> 00:18:53,567 As will very likely not come as a surprise to you, 410 00:18:53,633 --> 00:18:55,734 we are unanimous in dismissing it. 411 00:18:55,800 --> 00:18:57,166 We were offended by it. 412 00:18:57,233 --> 00:18:59,934 You cannot come to court on these sorts of facts 413 00:19:00,066 --> 00:19:03,367 when you have intentionally concealed evidence, 414 00:19:03,433 --> 00:19:06,667 then brought in law enforcement authorities, 415 00:19:06,734 --> 00:19:09,834 given them blatantly false statements, 416 00:19:09,900 --> 00:19:13,500 and then say, "You know what? I'm going to sue her for $10,000, 417 00:19:13,567 --> 00:19:16,700 because she said some unkind things to me." 418 00:19:16,767 --> 00:19:19,967 Which, by the way, were all true. You sold her a sick cat. 419 00:19:20,500 --> 00:19:24,300 So, we are very firm in dismissing your countersuit. 420 00:19:24,367 --> 00:19:26,667 It didn't even take much deliberation. 421 00:19:26,734 --> 00:19:30,900 Ms. Elquza, we were also unanimous as to your complaint. 422 00:19:30,967 --> 00:19:32,767 I think the first thing on which we all agreed 423 00:19:32,834 --> 00:19:35,300 was that if you'd asked for more money, we'd have given it to you. 424 00:19:35,367 --> 00:19:40,100 This is the easiest $5,000 verdict that any of us have seen in quite some time. 425 00:19:40,166 --> 00:19:44,233 The Defendant gave you information about the health and condition of the cat 426 00:19:44,300 --> 00:19:47,333 that was intentionally manipulated. 427 00:19:47,400 --> 00:19:50,867 You are very firmly entitled to that $5,000. 428 00:19:50,934 --> 00:19:54,667 None of us had any questions about why you would keep a cat in your home 429 00:19:54,734 --> 00:19:57,633 that's already bonded with your family after five days. 430 00:19:57,700 --> 00:20:01,767 So the judgment in this case is in favor of the Plaintiff for $5,000. 431 00:20:01,834 --> 00:20:04,433 -Good luck to all of you. -Thank you so much. 432 00:20:04,500 --> 00:20:07,934 Court is now concluded, parties are excused, you may step out. 433 00:20:08,033 --> 00:20:11,200 [triumphant music playing] 434 00:20:11,266 --> 00:20:14,934 Honestly, if I could, I would ask her for the kitten back right now 435 00:20:15,000 --> 00:20:16,533 and give her whatever she wants. 436 00:20:16,600 --> 00:20:19,667 I would not leave something like that in the hands of a breeder that way. 437 00:20:19,734 --> 00:20:23,000 I'm not a breeder, I'm just a high school student whose cat gave birth. 438 00:20:23,066 --> 00:20:25,667 I mean, she obviously did not take care of this cat, 439 00:20:25,734 --> 00:20:27,033 did not put his interest at heart. 440 00:20:27,100 --> 00:20:29,600 That kitten is like my child to me, 441 00:20:29,667 --> 00:20:32,233 like all my kittens are... [sobbing] 442 00:20:32,300 --> 00:20:34,400 -I take care of them so much. -It's okay. 443 00:20:34,467 --> 00:20:35,433 I think that's ridiculous. 444 00:20:35,500 --> 00:20:38,033 But I do take care of them. They're my babies, 445 00:20:38,100 --> 00:20:40,900 and saying that I don't is just completely wrong. 446 00:20:40,967 --> 00:20:44,567 Justice was served, and do not mess with moms and their kids. [laughs] 447 00:20:45,400 --> 00:20:47,500 [narrator] Did someone break an agreement? 448 00:20:47,567 --> 00:20:53,233 Let Tribunal Justice decide your case. Find us on social media. 449 00:20:54,000 --> 00:20:56,000 [theme music playing]