Wednesday, January 30, 2013

People's Court Blog - 1 30 2013 - Wednesday

Today's cases include a defective diamond ring, an unprofessional caterer and a landlord that does not follow the rules. In all of these cases the plaintiffs have been wronged and have chosen the forum of small claims court to make it right.

Frank is suing Denise and Oleg for $5000.00. 
Denise and Oleg have a jewelry store. Frank purchased an engagement ring from them. The ring is in court, his new wife is not. They are newly married and she does not come to court to be at her husband's side. She is a schoolteacher and has a work related commitment. **Spoiler alert**: Her absence does not hurt the case! Frank explains that his wife had fallen in love with the ring - it is gorgeous! The problem is the diamonds kept falling out. When they would return to the store, Denise would take the ring back and have it fixed. The replacement diamonds were not as nice as the original diamonds. The entire ring was supposed to have been  replaced the second time it went back. The receipt shown to the Judge states the ring was replaced and the original diamonds were used. WHAT? This does not make sense. That is not a replacement. Frank wants his money back. He has a right to be satisfied with the purchase of the ring. Denise claims the ring has been abused and that is why the diamonds keep falling out. How does a schoolteacher abuse a diamond ring? 

The Judge rules in favor of Frank. Not for $5000.00. He did not pay $5000.00 for the ring. It cost $2300.00 and that is what he gets back.

In the hallway, he expresses disappointment for not being able to keep the ring, after all, it has sentimental value. Are you kidding me? He wants the money and the ring! What world does he live in?


Rhonda and Michael are suing Demetrius for $3100.00.
**Clementine Weather**
What is clementine weather?- stay tuned for the answer!
Demetrius is a distant relative that runs a catering company, Untamed Flavors. When Rhonda and Michael hired Demetrius to cater their wedding they did not expect substandard service. They expected to get good food and professional service. What they received was poorly cooked, pre-made foods served by children. 

Rhonda and Michael have complaints about the quality of the food from their friends and family in writing and in person. The chicken was overcooked and dry, the ribs were undercooked and had little sauce and the potatoes were from a box. Even worse, the boxes from the food were in plain site to the guests. Demetrius defends his foodservice by claiming the weather was bad that day, so the cooking was moved from outside grills to inside. After all, in his contract he has a clause about clementine weather, About what? Yes, you read it correctly! Clementine weather - oh he means inclement weather. This is so funny!!!! It is actually written in the contract as clementine weather!  Now, back to the case...Rhonda and Michael say the weather was fine. Either way, it does not excuse the quality of the food. Demetrius explains the children were a last minute addition because some of his staff did not show. I think Rhonda and Michael have a right to be unhappy about 12 year olds and 16 year olds serving at their wedding. 

Rhonda and Michael win the case. They get back a portion of the payment, $1854.00. 

In the hallway, Demetrius continues to defend his food and claims they are all exaggerating. After all, who can go away unhappy, when there is clementine weather!

Sharday is suing Darin for $1103.88. 
Darin has a countersuit for $1036.09.
Sharday rented one side of a duplex from Darin. At the time she rented it, the other side was unoccupied. Darin told her she could park in the driveway until someone moved in. When the other side was rented, she would have to park on the street. After 2 months, Darin rented the other side. Sharday did not want to park in the street, spoke to Darin and he told her she could move out. Sharday said they dissolved the lease and Darin was going to give her back her $750.00 security deposit. Darin did not return it. He claims Sharday left the apartment unclean and damaged the storm door. He does not have proof of $750.00 worth of expenses. The Judge allows him to keep $75.00. Sharday is happy to get back $675.00.  Darin's countersuit is dismissed because he cannot prove he is out over $1.000.00 in damages and clean-up fees.

In the hallway, Sharday continues to explain that Darin was an unprofessional and incompetent landlord. Darin needs to learn the responsibilities of a landlord and provide an itemized list when he is not returning the security deposit. It is not enough to make up a written list and claim he is out much more. After all, it is about proving your case with evidence in the People's Court!

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Tuesday, January 29, 2013

People's Court Blog - 1 29 2013 - Tuesday

Steven is suing Warren for $3270.00. 
Steven does advertising for local businesses. He approached Warren who owns a dry cleaning business. Usually Steven receives 50% upfront and the remainder when the job is completed. For some reason he did not conduct business as usual in this case.

He does the whole job before having Warren sign a contract and receive payment. Warren gives him a check for $400.00 and the check bounces. He lets Warren know and it turns out this account was closed three years ago. Warren does pay the $12.00 bank fee for the bounced check. He does not pay the $400.00 for the job. Warren cancels the job. Steven puts another dry cleaner ad into the advertising project.

When Warren is asked why he signed the contract, he claims he did not know it was a contract! Really! Who is he insulting? Himself or the Judge? He tells the Judge he does not think she is stupid, so that leaves...himself!!!! Warren also says there was another dry cleaner ad, yet this was done after he cancelled the job. 

Steven has added many other expenses into the lawsuit. He is entitled to the money from the advertising job, not beefing it up to have a bonanza. Court is about making a person whole. The Judge finds in favor of Steven for $400.00, court costs and pre-judgement interest. It is a good day for everyone! Warren admits he did not look good and Steven still feels he was entitled to a lot more money.

Sarah is suing Felicia for $800.00. 
This is for the remainder of her security deposit. Sarah entered into a roommate agreement with Felicia. She lived in the apartment for 6 months. Felicia was only there a few times. At the fourth month, Felicia left a note for Sarah, telling her she was not happy with the cleanliness of the apartment and to confirm her move out date. Sarah did not feel the apartment was messy. Her mother was even visiting at the time and confirmed that she was an able housekeeper. Everyone has different standards!

The pictures Felicia shows tell their own story. Once again a picture is worth a thousand words. In the pictures, you see dirt, hairballs (there was no pet!), footprints on the wall!, an unclean stove top and dirty floors. Sarah says she cleaned after this. Why didn't Sarah take pictures? That would have solved the whole dilemma. 

Felicia cannot prove the amount for the cleaning of the apartment. The Judge finds in favor of Sarah but lets Felicia keep some of the security deposit. Sarah gets back $656.00. This is not the total amount she was asking, but is still a nice amount of money. The question is: Is it worth it to humiliate yourself in public for this amount of money? What do you think?

George is suing Nick for $200.00. 
This is for the cost of a door for a Chevy Suburban. Nick owns a junkyard. He sold George several parts for the Chevy Suburban. George wants to use the vehicle as a shed. What difference does it make if the door is dented? When George installed the door on his vehicle, the door would not close. This would be crucial, a shed door would need to close! Nick is not surprised by this problem, since the Suburban had auto body damage. When George brought the door back, he was offered store credit, not a cash refund. Neither of the parties have paperwork to prove the policy of no cash refunds. The Judge calls for a recess to give Nick a chance to get proof of his policy. He shows a picture of a sign in his store, George admits he saw the sign. He is just tired of being taken advantage of. He just wants his money back. He does not want store credit. I feel his frustration, sometimes it just does not seem fair! But, this is about the legality of the situation. George does not get his money back. In the hallway, George says when he is busy shopping, he does not always read the signs.

It is important to know the policies of the store you are in. Be aware of the signage around you and also read your receipt. Many times the receipt will have return policies written on it. Knowledge is power!

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Monday, January 28, 2013

People's Court Blog - 1 28 2013 - Monday

New cases today!

Joan is suing Joseph, her longtime neighbor of 40 years, for $3000.00. 
It seems that Joseph constructed a roof from his shed to the fence along the property line. This caused water to be diverted towards Joan's property. Joan believes this water damaged her shed. The shed is over 20 years old. The damage shown in the pictures does not seem to be caused by water. It could be caused by age. Joan's witness is the person that built her shed and admits he did not get a permit. This is a great example of not throwing stones when you live in a glass house! Joan called the city on Joseph. He did have to remove the roof extension he constructed. Joan is also going to be in trouble with the city, since her shed was built without a permit and is too close to the property line.

Since the structures are illegal, the Judge finds in favor of Joseph. She warns them both that their troubles are not over since they need to comply with the city's regulations. 

What prompts Joan to call the city on her friend and neighbor? She does not like that Joseph walks in her yard and does anything he pleases. Joseph's wife feels Joan is a troublemaker. Such a shame that after all of these years these people do not get along anymore. To know each other for so many years is a relationship to cherish, not destroy! What do you think?

Vita is suing Walter, her husband, for $5000.00. 
This is for rent that she says he owes for the past 6 years. Walter has a countersuit for $5000.00 for harassment and defamation of character. This couple is breaking up and Vita wants Walter to pay back rent for the whole time they have been together. Why would she let him not pay rent for all of that time? Vita says it was an abusive relationship. She did get an order of protection and he has moved out of the rent controlled apartment. They are in the middle of divorce proceedings. 

The Judge tells them both that there are consequences to the decisions they have made. If someone does not pay rent, you do not let it continue for 6 years. Walter's countersuit is because he has suffered mental anguish because he has been sued. Really! 

It is no surprise that Vita and Walter both lose their cases. In the hallway, Vita says life goes on. Walter says he feels decent about the decision. What a shame that these two people have to continue going after each other in court when they just need to end the relationship. There comes a time when a relationship is over and both people just need to cut their losses and move on. What do you think?

Cary is suing Vincent for $2035.00. 
Vincent was going to rent an apartment from Cary. He signed a lease and gave her a check for $2000.00. Before he moved in, he stopped payment on the check. What reason does Vincent give for backing out on the deal and not paying the money? The IRS came after him for a past tax bill for almost $150,000. Vincent does not seem to understand that it is his problem, not Cary's. We would expect Vincent to understand since he is a financial advisor! He admits he is embarrassed to say what he does for a living. He loses the case and admits in the hallway that he looked like an idiot!

Thank you Vincent for being honest! This does not happen enough in the People's Court! Hopefully he will work out his problems with the IRS. Meanwhile, Vincent needs to realize when he signs an agreement he needs to see it through. Good luck to all!

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Saturday, January 26, 2013

People's Court Blog - 1 4 2013 - Friday

Still playing catch-up......

Tyler is suing George for $1396.60. 
This is for back rent and the value of some items that George took. Tyler and George are college students and were friends. It is sad when a friendship is lost over this type of situation. Tyler needed a roommate for the summer, since his current roommate, Albert, was going away for the summer. George agreed to move in.... and this is all everyone agrees to as facts. Tyler says they agreed on $350.00 a month rent and $100.00 towards the utilities. George says this is not true. Unfortunately, George's story keeps changing. At first he says there was no agreement for rent, then he says his medical bills from the car accident were a trade-off. Wait! if you were not supposed to pay rent, why would you trade-off the medical bills.

George's story is all over the place. Also, these two friends think taking belongings from each other serve as collateral, when it is actually stealing!

George needs to pay Tyler for the rent and the utilities. The Judge finds in favor of Tyler for $1350.00. He cannot prove that George stole from him. Also, if George sustained injuries in a car accident, he needs to go through Tyler's insurance for the money.

The shame of all of this is the lost friendship. George should not have expected to live rent free and take advantage of Tyler's friendship. Just because Tyler's dad pays his part of the rent, is no reason to think he was going to pay for George also. Friendships needs to be valued.

James is suing Annette and the housing corporation for $4900. 
James claims his room was broken into and someone stole his belongings. Why on earth would Annette and the housing corporation be responsible for this?  At first he told Annette that 3 items were stolen and then he kept adding to the list. He claimed he did not notice the other items were missing because they were in the closet. Why wouldn't you do a thorough check when you know your room has been broken into?

There was a surveillance camera that showed James leaving his room and then going back in the room. After that, the camera goes dark. The controls for the camera are in his room. This is all very suspect. Also, James lost his job that day. He claims it is because of being late due to the burglary There is proof of issues during his probationary period at the job, lateness, etc.

Annette did offer James $600.00 after he said his possessions were taken. He claims she offered him $1200.00. Either way, it does not matter, since James did not move out when he was asked to, staying an additional 10 days, that was not authorized, he did not receive any money.

James cannot prove he is out $4900 and loses the case. In the hallway, he says he is disappointed and such is life. Annette says she never believed his room was burglarized.

People need to be able to prove their case. Just saying something was stolen or someone offered you money is not good enough for court. It is important to have proof when you go to court. 

Kathleen is suing Alan's gym for $333.00. 
This is for membership fees to a gym. Kathleen claims she asked for her membership to be frozen when she was unable to go to the gym for medical reasons. Kathleen says she showed the person working at the desk a note from her doctor and was told she could freeze her membership. The gym actually has a policy for freezing a membership. Alan explains that someone can freeze their membership for 2 months. Anything longer than that, especially the year Kathleen wanted, would have been handled differently. They would have had her cancel the membership and then reinstate it.

Kathleen seems to be very unorganized. She says she asked for the membership to be frozen for a few months, yet expected it to be frozen for a year. Also, the letter from her doctor states a few months, not a year. She does not seem to understand that a few months is not a year. Also, she continued to pay the membership throughout the year. She states that she did not notice anything because she paid her daughter's membership. The monthly fee would have been different, wouldn't it? The way she found out the membership was not frozen was when she went to return to the gym, asked for it to be unfrozen and was told it had never been frozen, Well, actually it had, for 2 months. Both sides have trouble with record-keeping!!! So complicated!!!!!

Kathleen is very upset after losing the case, yet never mentions if her daughter continues to be a member, I wonder!!!!! Alan says that he offered her perks to stay on as a member, but she was did not accept. I think she should have taken him up on the perks since she is the one who did not handle this properly. What do you think?

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Did anyone notice the close-up of the Judge's fingernails? I really liked her manicure. Such a pretty color!!!!!!

Monday, January 21, 2013

People's Court Blog - 1 3 2013 - Thursday

It is time to play catch-up! Here are the cases from January 3, 2013:

Joseph and John are suing Benjamin and his business for $2903.50. 
This includes the cost of a 1986 motorcycle, pain and suffering, mileage and tow costs. When they bought the motorcycle from Benjamin they received a 30 day warranty. Benjamin calls it a guarantee. What is the difference? Benjamin does not know what the difference is and he is the one who gave it!!! 10-12 days after buying the motorcycle, it would not start. When they called Benjamin, he said it would cost $300 to diagnose the problem. This is not the way a warranty or guarantee works. Benjamin claims they wanted to modify the bike, when they were looking to replace the chain and the sprocket. Most of what Benjamin says in response to questions does not make any sense. 

Benjamin needs to learn to sell the motorcycles as-is, if he is not going to honor a warranty or guarantee. He claims he does not run a business, he works out of his garage. He also needs to learn how to speak in court - he called Douglas, pal! That is not proper! 

The good news for Joseph and John is that they win the case. They do not get pain and suffering, it is a contract case! They do get back $1653.50. They are satisfied with the outcome. 

Buying a vehicle, car or motorcycle requires two important steps. One is a test drive, the other is having a mechanic look at the vehicle. Joseph and John did neither. They are very lucky that Benjamin gave them a warranty (guarantee) and breached the contract. Otherwise, they might have been stuck with the purchase of the 1986 motorcycle.

Iris is suing Louis and the Realty Corporation for $2000.00.
Iris wants her security deposit back. Louis, a realty broker showed her an apartment in mid April. She signed a lease and gave Louis $2000.00 out of the $3000.00 required. She could not get the additional money and let Louis know she was trying to get it. Then she called Louis and let him know she was not going to take the apartment. He had given $800.00 to the landlord and kept $1200.00 for his fee. 

Neither party has any paperwork to show the Judge. Iris claims the paperwork stated only $50.00 was non-refundable. Unfortunately, she does not have the paperwork. Louis should have proof, but no, he does not have it either!
How can people come to court so unprepared?

Why would Iris think she should get back her money? She held up the apartment from being rented to someone else. There is a cost to changing your mind! Iris does not get her money back and Louis actually received a brokers fee twice for the rental of the apartment. He does not seem very trustworthy, but he is entitled to the fee. 

People need to realize there are consequences to their actions. You cannot make a decision and not know it does not have an impact. When you put a deposit on an apartment, no one else can rent it. If you do not go through with the deal, then the landlord has lost the opportunity to rent it to someone else. I hope Iris has learned from this experience, it was a very expensive lesson!

Rachel sues Levy for $1643.54.
Rachel lives next to Levy's rental property. After a very severe windstorm, debris from Levy's roof landed on Rachel's car. She took the debris off the car and went to work. When she had a chance to look at her car, she saw it was scratched. She got in touch with Levy to let him know about the damage. Once he found out the amount of the estimate, he said it was an act of God and he was not responsible for the damages. 

How is it that someone would agree that they are responsible until they find out the cost? Scratches on cars are expensive to repair.  Levy keeps saying he never saw the damages and it could have been a different car. Well, it was not a different car, Rachel has pictures! Also, Levy needs to repair his roof. The pictures of the roof show that it is not in very good shape.

Rachel wins the case and gets the amount for the lower estimate, which is $1335.02.

I do not understand why people do not take responsible for their own property. Even losing this case does not seem to enlighten Levy. In the hallway, he is still saying his roof is in good shape. Really!

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Wednesday, January 16, 2013

People's Court Blog - 1 16 2013 - Wednesday


Anthony is suing a Furniture Company for $2395.25.
Anthony purchased a leather sectional sofa and a cocktail table for $2395.25 two years ago. The sofa had a one year warranty. When the sofa began to fall apart, Anthony contacted the store. David, the manager offered to repair the problem but Anthony would have to pay for labor. Anthony did not like this solution and is suing for the entire purchase price. In court, David, the manager is explaining the sofa is bonded leather. This is not written on the receipt. On the receipt it only has the model no. of the sofa and does not even list the cost of the cocktail table. David explains that the sofa is not leather and is bonded leather. Except for describing bonded leather as including 17% leather, he does not give a clear description. Anthony thought he was purchasing a leather sofa. He shows pictures of the damage and it is so true that a picture is worth a thousand words. Anthony also brought pieces of the sofa to show how it is falling apart. 

The Judge takes a recess and when she returns reads a  description of bonded leather. According to the leather council this particular material is vinyl and not leather. The Judge finds in favor of Anthony and he receives $1900.00. The cocktail table was valued at $300.00. David needs to pick up the sofa as soon as possible.

It is unethical to advertise a product that is not truly leather and call it leather. It is not stated on any information or advertising from David's furniture store that they sell bonded leather. I am so glad Anthony pursued this and brought it to court. He deserves to get his money back. What do you think?

Susan is suing John's Home Improvement Company for $2163.33
Susan hired John's company to repair her roof. They gave her an estimate after looking at the damage. The damage to her roof was caused by a raccoon. The pictures of the damage are very impressive. Once again, a picture is worth a thousand words! The estimate was for $4000.00. Once they started the work, they realized the damage was much more extensive than they originally thought. It was not until they removed the gutter and the fascia, that they were able to see the extent of the damage. When they brought this to Susan's attention, she just wanted them to do the original work. She signed a document to waive the warranty, since she was not going to have the additional work done. The work was going to resume the next day.

After they left on the first day, Susan had a change of heart. She said she was not happy that no one spoke English. Also, she did not trust they were going to return to finish the job. She went to the bank to stop payment on her check, only to find out it was already cashed. She called to tell John not to come back the next day. 

Since Susan is the one to breach the contract, she does not get her deposit back. She had also included in the lawsuit the extra money she had to pay getting the work done by another company. She does not get this money either. If she did not cancel the job, she probably would have won the case if they did not return to finish the job. The problem is that she did not give them a chance to do the job. I do not understand why she acted this way and then to sue them, it does not make sense. What do you think?

Kelvin is suing Guiseppe and Risa for $271.56
Kelvin was driving past Guiseppe's house and the side window of his car shattered. Since Guiseppe was weedwhacking near the road, Kelvin felt that a stone broke the window. He stopped to talk to Guiseppe and also called the police. 

It is fairly straightforward for a civil case. The Judge explains that the proof only needs to be more likely than not. It makes sense that is could have happened that way. That a stone could have been thrown by the weedwhacker and broke the window. In this type of case, you never know for sure. Since it is more likely than not, Guiseppe and Risa are found responsible for the cost of the damage to the window. 

It is very important when working near the road to be aware of cars passing. Mowing or weedwhacking could cause a stone to be thrown toward the cars. Always stop and wait until the car passes. Also, be aware of cars parked in your own driveway. I know personally of a window being shattered when the lawnmower was operated too closely to a parked car. It is a very expensive mistake!

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Monday, January 14, 2013

People's Court Blog - 1 14 2013 - Monday

Alexis is suing Frances for $1480.00.
Frances has a countersuit.
Alexis and her boyfriend were living in an apartment rented by Frances. Even though they were told that smoking was not allowed, they continued to smoke. When Frances smelled marijuana she told them again it was not allowed. When Frances noticed people were coming and going at all hours, she felt that they were dealing drugs. Frances told them to move out. The boyfriend moved out right away but Alexis stayed on. Finally Frances had enough and told Alexis she had to leave. Alexis was upset by this and reported Frances for having an illegal apartment. Alexis was starting to move out and had left furniture behind. Frances took the key back from Alexis. When Alexis wanted to get the rest of the furniture, Frances told her she threw it out. She did this because she  was not happy being reported for the illegal apartment. 

Clearly, these two women were not able to communicate effectively with each other. They were both angry and not dealing with the situation in a business-like manner. After Alexis moved out, she noticed 4 pairs of her shoes had been damaged. The closet they were in had water damage and the shoes were covered with mold. Frances blames Alexis for causing the leak. Both sides are at fault and both sides have to pay the other. After the Judge decides what damages they are entitled to, it results in the landlord receiving $1400.00, not the almost $5000.00 she was countersuing for. The landlord was not entitled to back rent because it was an illegal apartment. She was entitled to the damages she could prove. In the hallway, Alexis claims that some of the damages were caused by them killing bugs. When she was in the courtroom, she never mentioned bugs. The landlord, Frances, feels that the verdict was fair and will never rent again. 

What I find very interesting is that Alexis did not care the apartment was illegal until she wanted to get back at Frances. Why do people need to be so vindictive? Why do they have to become so angry with each other that common sense flies out the window?

Omari is suing Nathaniel for $5000.00.
Omari hired Nathaniel to install an air conditioner unit for his house. He had received several other estimates and each one specified the size of the unit. On the contract from Nathaniel the size of the unit was not on it. After he installed the unit, Omari felt that it did not cool his house. Omari hired an air conditioner specialist to evaluate the situation. He had in writing from the specialist that the air conditioner unit was undersized and that it was not calibrated correctly.

Nathaniel admits he is not licensed to install this type of air conditioner unit. He says he replaced the unit based on the size of the existing one. Unfortunately, when Omari bought the house the air conditioner did not work. Nathaniel did not do sizing calculations and did not realize the existing unit was undersized.

It is very clear that Nathaniel did not do the job correctly. Omari does not receive $5000.00 because of this, he only receives what he paid for the job, $3820.07. Also, Nathaniel needs to pick up the unit from Omari.

It is a shame that the communication broke down between these two men. When Omari initially complained to Nathaniel, there was a negotiation that could have worked out. Unfortunately both men become hostile towards each other and wound up in court. The further shame of this case, is that these two men were friends. Hopefully they can get past this situation and renew their friendship. Friends should not do business with each other, especially if the contract is not clear. It easily can become uncomfortable and awkward. What do you think?

Selena and Omer sue Cesar for $2800.00
Selena and Omer purchased a three piece livingroom set from Cesar's furniture store. They prepaid for the set. When it was delivered, Omer was not happy with the recliner and refused delivery. Omer thought he was buying a power recliner. The recliner was manual, it did not even have a lever. When he called Cesar and was told the recliner did not come in a power model, he decided to sue. Why is he suing for the entire amount of the purchase when he kept the other 2 pieces of the set? This is not clear, except that Omer is focused on the power recliner. The fact that he is so adamant about a power recliner would be a very good reason for it to have been specified on the contract. It is not. Also, when Cesar realized that Omer wanted a power recliner, he called to find out if this model had that feature. He found out it did not and never let Omer know. Cesar needs to learn how to communicate with his customers. 

Omer does not get his money back but he is entitled to get his recliner back. Cesar agrees to deliver the recliner to Omer. At first he said he would make him pick it up and then he agrees to the delivery. The Judge reminds them both to play nice in the hallway!

Once again, effective communication was needed. Hopefully Cesar will learn from this and care about what his customers want. This will serve him well in the future. What do you think? 

Communication is very important in all three of these cases. People need to be very clear about what they want. When you enter into a contract, check the information before signing. This will save everyone headaches and heartaches!

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Wednesday, January 9, 2013

People's Court Blog - 1 9 2013 - Wednesday

HAPPY NEW YEAR! 
I am glad to be back and sharing my thoughts about the cases on People's Court. Today the first case is about a woman trying to move into an apartment she was not renting.

Keturah sues Michael for $1734.54
This is a very interesting case. After Keturah signs a lease, the landlord, Michael, runs a background check. He should have run the background check before having Keturah sign the lease. Michael was not comfortable with the results of of the background check. He contacted Keturah to let her know he was not going to rent the apartment to her. She says she did not know, yet there are voicemail and text messages that say otherwise. Keturah maintains that Michael is a liar, while she changes her testimony from minute to minute. It does seem that Keturah was trying to move into the apartment even though she knew that Michael had changed his mind. Michael says he tried to return her deposit and she refused it. It is clear that Keturah did not show up for a meeting with Michael to discuss the background check. Even though she did not show up, she will get back her deposit because Michael did not do the background check right away. Keturah does not get the money back for the moving van, she should never tried to move in. Michael also has to pay for the stopped payment fee. Keturah claims she gave him checks for first and last month's rent. Michael denies receiving the checks, but there is a stop payment fee. Keturah also receives $100.00 for her time spent cleaning the apartment. She will receive $630.00, not the total amount she was suing for.
I give Michael much credit for being so organized. He kept the voicemail messages and the text messages. This evidence was crucial to the case. For as organized as he is, why did he have Keturah sign a lease before doing the background check and why wait to do it? Also, why is Michael renting an illegal apartment? What do you think?

Edwin and Helen sues Althea for $1120.00
Even though this case is not about irresponsible dogbreeding, I cannot ignore certain facts. The owner of the female dog refused medical attention for the dog. I do not think this woman should be breeding her dog. The case is about two people with pitbulls and they decided to breed them. They did not put anything in writing and neither side know what the terms are. Edwin and Helen thought they were getting 3 puppies for the stud fee. Althea says they were getting one puppy. When Althea's pitbull was giving birth, there were complications. Althea did not want to pay for the dog to have a c-section and not all of the puppies survived. After the puppies were old enough, Althea gave Edwin one puppy. He was so angry he posted Althea's picture and terrible comments about her. She was called in for a random drug test at work. She felt this was because of the comments Edwin posted and she is suing for $2000.00 for harassment. Althea did not lose her job and cannot prove that being accused of using drugs is automatic termination from her job. Because of this she does not win her countersuit. She does have to pay towards the vet bill and the sale price of 2 puppies. Althea has to pay Edwin and Helen $735.00.
People need to agree to terms and have the agreement in writing. Being friends is not a reason not to have a written agreement. Because the result is usually that people do not stay friends after going to court. Now, to discuss the dog breeding. If people are going to breed their dogs they need to be responsible about it. A dog in labor should not be refused medical attention because the owner does not want to spend the money. What do you think?

Ralph sues Pete for $2217.60
This case is very straighforward. Ralph bought a used car. When he was driving it home the check engine light went on. Since he lived really far from the dealership he called them and told them what happened. He was told to have it checked out and call them. Instead Ralph had the car repaired and spent over $2000.00. Now he expects the dealership to pay. He did not give them a chance to fix it themselves. Ralph claims they were so far away he could not be expected to take the car back to them. Ralph is the one who decided to buy the car. Ralph loses the case. This should not come as a surprise to anyone. What do you think?

2013 is going to be a wonderful year. Everyone needs to have positive thoughts about a great year. Making plans, having resolutions, setting challenges are all great ways to strive for positive change.
Good luck to all for this wonderful New Year!