People's Court: 7-18-12

Where Do You Want Me To Start?

There is so much history that leads up to this case, almost 40 years. Lila and Debra's mom met in church almost 40 years ago. They became friends and their lives entwined. Throughout the years, so much happened. They co-signed on the mortgage to the house. At some point, there were changes, so only Lila's name was on the deed. Lila and her family continued to live there, Debra's mom and family moved out. Debra's mom starts to say she was paying rent to Lila, since this is not pertinent to today's case, she does not continue with her part of the story. At some point Debra and her family move in with Lila. Debra claims she has paperwork that shows in the event of the sale of the house, her mom gets part of the proceeds. Lila says this is not true. She does not have that paperwork with her. It is really not what she is in court to pursue. So much going on and it is not for this court to decide on the issues of who the house belongs to or who is entitled to the proceeds of a sale. The lawsuit that brings us here today is about an unpaid loan and unpaid storage fees. The loan appears very straightforward. Debra agrees that Lila lent her $1000.00. She says she is so grateful to Lila for helping her out. Yet, she did not pay her back. Why? Debra claims the $1000.00 is supposed to come out of her mom's share of the proceeds of the sale of the house. The one thing has nothing to do with the other. Why would this be the agreement, when Lila is denying that Debra's mom has claim to the house? The other part of the lawsuit is about storage fees. When Debra moved out of Lila's house, she left her motorcycle in the garage. She does show receipts for $25.00 a month payments. Lila says she owes her $100.00 a week for storing the motorcycle. Unfortunately, they did not have a contract regarding the storage of the motorcycle. Since Debra was paying Lila $25.00 a month, she is responsible to maintain those payments. She also has one month to remove the motorcycle. I would think she would rush over to get it out of there, since it is her baby! She would never even consider selling it to pay her bills. It does not end there. Debra has a $4200.00 counterclaim against Lila. She is suing her for broker's fees, one month's rent and one month's security deposit. Debra claims Lila kicked her out, forcing her to find another place to live. Why on earth would Lila be responsible to pay these expenses? The counterclaim is dismissed. Debra also claims that when she was locked out for three weeks, her fish died. Why didn't she call the police? She says she did not want to make trouble for Lila. This does not make any sense. If she truly had fish that needed care, she should have moved heaven and earth to save them. So dramatic! The sad, sad part of this entire situation is the breakdown of the friendship between Lila and Debra's mom. What a shame that it comes to this! It is not over for them, the ownership of the house is still in question and that case is pending. I wish these two ladies luck in working out this lifelong problem.

We Slept Together! - No, We Didn't!

Randy and Anna are stand-up comics. They are both here today suing each other. I will tell you now, there is nothing funny about these two. They are both mean-spirited and seem to enjoy torturing each other. Also, there is not much of the story they agree upon. Thank goodness they are able to bring their cases to civil court, otherwise it would certainly be criminal. Randy is suing Anna for the cost of the promotional items directly relating to her participation in a play they worked on together. He approached her at a comedy club and suggested they pursue a joint venture based on her "bestselling" book. Anna claims he hired her at $100.00 an hour to write a play based on his failed marriage. Right from the beginning, there is not a meeting of the minds. Needless to say, there is nothing in writing, no contracts, no confirmation e-mails or texts. The saga continues, Randy claims they had an intimate relationship. Anna vehemently denies it and is quite insulting to Randy. She thinks this is her time to do her act, it is not! Randy provides very explicit e-mails that do not leave anything to the imagination. Anna claims someone hacked her e-mail account. She even tries to implicate Randy, claiming he had access to her laptop. For two people that had only a business relationship, they seem to know an awful lot about each other. Anna finally says they were fooling around. What does that mean? She seems to stumble over her words. For someone who performs for a living and has written a book, she did not handle this appearance in a very professional way. She shows such hatred towards Randy, you wonder how involved they really were. There is definitely more to this relationship than meets the eye. What do you think? Randy did manage to go on with the show. He changed the name of the play and found a replacement for Anna. There were certain promotional items that he was not able to use since Anna was not involved in the production. Anna agreed they were supposed to split the costs of the play. She is found responsible to pay Randy back for the promotional items. Now for Anna's counterclaim. She wants $5000.00 for writing a play for Randy. He denies that he offered to pay her anything, let alone $100.00 an hour. Anna cannot prove she had any promise of payment. She loses on her counterclaim. It is a relief when this case is over. It is very painful watching these two people torture each other. Hopefully they will go their separate ways and stay far, far away from each other. Please let me know what you think about the Randy and Anna Show!

Please share your thoughts in the comments. Thank you for joining me.

An obstacle is often a stepping stone.

-Prescott

People's Court: 7-17-12

You Gave Me A Stroke!

Du-en and Latisha are cousins. When Du-en needed help, Latisha was there for him. She had her own family to take care of, yet she let Du-en move in with her. Latisha became the payee on his social security checks as a requirement of his medical condition. Du-en is bi-polar and is on medication. He admits that he talks a lot and definitely proves it in court. One night, Du-en had a friend over and Latisha's friend was also visiting. They were all sitting in the livingroom. Latisha's friend was watching television and Du-en was talking to his friend. He said he was not interested in the show that was playing. Why not go into another room to talk? Latisha's friend asked him to be quiet. Unfortunately, Du-en got into an argument with Latisha's friend. Latisha asked them to calm down. The situation escalated. Latisha told Du-en to move out since he was a bad influence around her children. She cannot tolerate stress. When she is in a stressful situation, she can become dizzy and then she can have a stroke. This has happened two times to her. Well, it was about to happen again. She was starting to get dizzy and she passed out. She said that when she came to, she was in the hospital. She had a small stroke. Latisha was kept in the hospital for three days. So, why are we in court? When Du-en's check arrived, Latisha cashed it and kept the money. She felt that she deserved it for everything her cousin put her through. She had no right to keep the money. She has to pay it back. This is a very sad situation because she was the only one who was there for Du-en when he needed help. She let him move into her home and he did not behave properly. Latisha has her children to think of. She should not have allowed him to move in and disrupt her life. The stress he caused her affected her health. Du-en regrets his behavior and says it is not worth it to lose the support  of his cousin. It is a shame that it worked out this way. We need to rely on others in our times of need. It is unfortunate that Latisha is so soured by this experience, she says she will not help anyone in the future.

The Dog Ate The Paperwork!

Vilma and Reynold bought an Akita puppy from George. They took the puppy to their vet and was told the puppy had entropion. This is a condition where the eyelids grow inward. Sometimes the puppies grow out of it and sometimes they need surgery. The vet said they should wait and see what happens. When the condition continued to get worse, the dog needed the surgery. The vet said the dog should not be used for breeding. When Reynold bought the puppy, he planned to breed him. He paid $2200.00 for the puppy and was looking forward to recouping some of his money. This is not responsible, but that is another story for another day. Reynold said he contacted George and wanted his money back. He claims George agreed to give him half of the money back. Of course, nothing is in writing and George denies this. George seems to deny most of what was said. George says he could not understand Reynold because of his accent. He understood well enough to sell him the puppy. Why behave this way? Why make up such unbelievable answers? Just tell the truth! He should not be selling puppies, he is not a responsible breeder, he calls himself a hobbyist. Again, another story for another day. This is about the sale of the puppy. Reynold's family is love with the puppy and has no plans of letting him be returned to George. The surgery is done to repair the entropion and now the akita is diagnosed with hip dysplasia. Again, George is contacted. And again, George does not have recall of the conversations. He tells Reynold to take the dog to his vet. This is done and the vet agrees that the dog should not be used for breeding. Reynold says that George is telling him to breed the dog. George does not remember any of this, thank goodness the vet records are available. What is not available are contracts, there is no paperwork. Where is the paperwork? The dog ate it! This is an amusing moment, since the Akita is in court and he is big and beautiful. Obviously, he is big enough to reach papers on the table! There is some laughter about this, as we think about the infamous dog ate my homework excuse. The bottom line is that unless Reynold is willing to give the dog back, he cannot get the purchase price back. He is entitled to the money spent on the surgeries. This works out well, since Reynold's family would never give the dog up. They are in love with him and would give Reynold away first! George is not happy about this decision. In the hallway, he says something about intricate decisions and living things and continues on his way. He really needs to stop breeding dogs. He also needs to be more respectful towards people. No one deserves to be insulted and treated in a demeaning manner. This beautiful Akita has a wonderful and loving home. He will continue to be a family pet and not a stud dog.

We Admit We Damaged The Carpeting!

LaToya and Mark are suing their landlord for their security deposit. They think the landlord did not give them proper notice to withhold the security deposit, so they are suing for double the amount. The landlord is able to prove the notice was sent out to meet the requirements of notification. They will not get double back, will they get anything back? Can the landlord prove that she can keep the entire security deposit. She shows the Judge pictures of the carpeting. There is no visible damage. LaToya and Mark are honest. They remember their babysitter doing something that caused the damage to the carpet. I give them so much credit for being honest. It shows character. The landlord also is asking for payment for cleaning the apartment. She is able to prove that this was a necessary cost. She is not able to prove the money she spent on a new floor in the bathroom was justified. The Judge rules that a portion of the security deposit is to be returned to LaToya and Mark.The landlord can only keep the amount for the carpet and the clean-up costs. She is lucky that LaToya and Mark were so honest. In the hallway, the landlord says she will take batter pictures next time. LaToya and Mark leave the court feeling the right thing was done. They still got back more than the landlord wanted to give them. I am so glad to see honesty in court. LaToya and Mark have set a really good example for how people should behave in court and in life.

Please share your thoughts in the comments. Thank you for joining me.

Act as if what you do makes a difference. It does.

-William James