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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People's Court Blog - 9 5 2012 - Wednesday

Michael And The Angry Girlfriend

Michael is suing Rosalie for $3000.00. This is for damages to his belongings after they broke up. Rosalie is counterclaiming for $600.00, the cost of a pool cue. Michael and Rosalie met at a pool tournament. They dated for 6-7 weeks and then they broke up. When Michael was out of town his furniture was damaged and DVDs and photo albums stolen. Michael says that Rosalie went in his room, when she drove his friend home. His friend Jimmy wrote a statement to confirm this information. It seems Rosalie was in Michael's room and came out with a duffel bag. Rosalie denies this. She says she drove Jimmy to Michael's and stayed outside. The pictures of the damage to the dressers show scratch marks all over the surface. The Judge describes the damage as that done by an angry woman. Rosalie claims someone else must have done this. Someone that was mad at Michael over a fight. This is not the type of damage an angry man will do. I agree with the Judge. Rosalie continually makes comments directed at Michael  throughout the court case. This is not the time or place for this. Her inability to conduct herself in court does not help her credibility. The Judge finds that Rosalie did the damage to the dressers. Unfortunately, Michael does not have any proof of the value of the furniture or items stolen. Michael does provide an estimate to have the furniture restored. He is awarded $2000.00.

Regarding the counterclaim, Rosalie says that the pool cue was loaned to Michael. She said he broke his pool cue during a tournament and she let him use hers. He said it was a gift. There really is no proof for either side. The Judge finds that the pool cue was a loan and directs Michael to return it to Rosalie. It is a shame that Rosalie damaged the furniture. One of the dressers had belonged to Michael's grandmother and mother. The sentimental value of the dresser is not a factor in the money he can receive. After the verdict, Rosalie had to get in the last word. In the hallway, she  continues to say that everyone has lied for him. Michael feels justice was served and then gives a commercial spot for People's Court. Hopefully they do not frequent the same pool halls! 

Drew/Dorothy And The Super Mint Condition Car!

Drew and Dorothy are suing Anthony for $3284.67. This is for repairs they had done to a used car Drew bought from Anthony. Dorothy is Drew's mom. Drew found the 2001 VW Jetta advertised on Craigslist. Anthony advertised it in super mint condition with a new timing belt. Drew and his mom went to look at the car. They went for a test drive and gave Anthony a deposit to hold the car. Drew was paying for the car himself with money he earned working all summer on a goat farm. What they failed to do was have the car inspected before they purchased it. Dorothy says they had a post purchase inspection done. This does not even make sense. And the best part, they did not take the car to a mechanic for a month after buying it. When they do take the car to a mechanic, they are told there is a piece of wood wedged to hold the timing belt tensioner. The mechanic was so amazed to see this, he took pictures of it with his cell phone. Dorothy shows these pictures to the Judge. It is so true a picture is worth a thousand words. 

Anthony explains that he had the timing belt replaced by a neighborhood mechanic or an alley mechanic as the Judge describes it. Anthony has no proof of the work done on the car. Since he advertised the car with a new timing belt, it is considered a warranty. The other issues that are wrong with the car are not covered by a warranty. The sale of a used car by a private individual is an as-is sale. It is always a good idea to have a used car inspected prior to buying it. Drew and Dorothy do get back some money. They get back $1195.88, the cost of the timing belt. The other problems on the car are on them. Maybe if they had it inspected before they bought it, they could have avoided all of these problems. Also, why wait one month to take it to a mechanic? They are very lucky that Anthony advertised the car with a new timing belt. This is the only reason they were able to get money back. Anthony seemed surprised at the discovery of the piece of wood. I get the feeling he will be following up on this! What do you think?

Wayne And Collecting Double The Debt!

Wayne is suing Michael for $1794.92. This is for rent and damages for an apartment Michael rented from Wayne. Michael and his girlfriend, Pam, were renting the apartment. Pam moved out first when the couple broke up. She had paid the rent up to and including September. Michael moved out at the end of October . He would be responsible to pay that October's rent. Wayne also wanted  rent for November. He claimed that Michael would not let him show the apartment, so he lost a month's rent. Michael said that Wayne would not give him any notice when he wanted to show the apartment and even showed it once when he was not home. Wayne said they damaged the floor and damaged a door. He did not have estimates for this damage because he is only suing for rent. He is suing for damages, they are on the list. Wayne has an itemized list of the money owed to him. He has actually already been paid for the damages. The couple had a $800.00 security deposit they were used to cover any damages. Pam's mom sent Wayne a check for $1054.00. In total, Wayne has received $1854.00. This is more than the amount he is suing for. Why does he think he can receive this money twice? He has no answer for this. The Judge rules in favor of Michael. Wayne cannot collect this money twice! In the hallway, Wayne says he had more to say. Michael says Wayne was unprepared and lied. He also says that the break up with his girlfriend was because they were not getting along. She is in court to testify for him and help him with this case. That was really nice of her. I wish these young people good luck in the future!

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