01x101 - Case of the Missing Yorkie; Boyfriend or Deposit

[bunniefuu]

[Judge Judy]
The defendant has your dog?

Yes.

She just gave me the dog,
Your Honor.

Put the dog down for a minute.

Clearly the dog doesn't know you
at all.

[announcer] This is Judy Justice.

[dog barking]

[Judge Judy] This is a dog that
I wouldn't be asking for back.

[announcer]
Yolanda Sheppard and Brian Robinson

are suing dog owner,
Christina Scott,

for the cost of a Yorkie Poo.

[Kevin]
Court come to order. All rise.

Have a seat, please.

[Kevin] Hello, Judge.

Case 1098,
Sheppard versus Scott.

- Thank you.
- You're welcome.

[Judge Judy] Mr. and Mrs. Sheppard,
it is your claim

- that the defendant has your dog?
- Yes.

I'm not quite sure
what the defendant's defense is.

She seems to suggest that it's her
dog

and she's got a counterclaim.

Her counterclaim is for defamation

because she says
that you accused her

of being a thief of taking your dog

or withholding your dog.

What I gather from your complaint
is you bought a dog

similar to that one in 2018.

When in 2018?

September 6th, 2018.

Where did you buy the dog from?

A kennel.

May I see the document, please?

And the puppy was born in July,

so about eight weeks old
when you got it?

So you brought your puppy home
on September the 6th?

- Yes.
- [Judge Judy] 2018.

Now we're going to flip to 2019

when the puppy
was maybe six-months-old.

According to your complaint,

you let the puppy outside
to relieve itself?

- Yes.
- [Judge Judy] In what month was

- that?
- Maybe March.

[Judge Judy] When you say
you let the puppy outside,

where did you let the puppy outside?

We always would let the garage up
and let him go out,

take care of his business
and he come back.

[Judge Judy]
And where the garage is,

- is there a fence there?
- No.

[Judge Judy]
So you let a puppy,

a six-month-old puppy,
go out without supervision,

without a leash,

and at that time
the puppy was seven-months-old,

super irresponsible,

super-duper irresponsible.

A, your dog is not supposed
to be outside without a leash.

And B, having had dogs
for about 50 years,

they're still real puppies
when they're six,

seven, eight-months-old.

I have one now that just turned
a year old and very smart,

very attached to me, but clever.

If I take her outside
and if I take the leash off of her,

she's taken care of
whatever she has to take care of,

she turns her eyes and she looks
over, she says,

"I'm gonna have some fun with you."

And then this old lady grabs her
much older husband,

and we run around the property

and she l-looks behind

until we're so exhausted
and then she says,

"All right, I won the game."

But you don't let
a seven- month-old puppy outside

unsupervised, madam.

Because what happened
is the puppy disappeared.

And it disappeared until 2021.

Well, he usually comes back
or we'll sit in the garage.

[Judge Judy] I don't care!
You're not following me.

You have children?

I do.

[Judge Judy] How old are they?

Thirteen, fourteen, and five.

[Judge Judy] Okay. Let's deal with
the five-year-old. I assume

your five-year-old could walk
when the child...a girl or a boy?

Boy.

- [Judge Judy] When he was three?
- Yes.

[Judge Judy]
And when he was three,

he spoke, he communicated.

Told you what he wanted,
probably was stubborn,

you know, terrible twos
and then you move on.

If he wanted to go out to play,

would you let him go out to play
alone when he was three?

- No.
- [Judge Judy] Of course not,

because they don't have judgment.

I mean, sometimes
boys don't get judgment

until they're 80
and sometimes not even then.

But certainly a three-year-old
doesn't have judgment.

You wouldn't let them out
by themselves.

Even if, "I told you
to come right back inside.

After you go out and get your ball
you come right back inside."

But even if you let
your three-year-old go out,

you would stand at the door
and see

let me see how that works out.

Went outside picked up his ball,
brought it right back.

After he did that two or three times
and he was still three

and he said, "I wanna go get my ball,
it's outside."

Would you let him go out alone?

- No.
- [Judge Judy] No, of course not,

that's why you don't let
a seven-month-old puppy out

even if they've gone out and
come back once

or gone out and come back twice,

or gone out and come back 20 times!

Seven-month-old baby is a baby.

- Is this your first dog?
- No.

[Judge Judy] Okay.

So you were lazy the dog was gone.

Now, we're talking about
two and a half years later,

you are somehow notified that she

- is in possession of your dog?
- Yes.

[Judge Judy] How were you so
notified?

[Yolanda] A letter,
with her name and her address.

I'd like to see it.

Okay. So you got this note
from somebody

who clearly couldn't spell.

It sends you to her address
and it said that,

"Person who stole your dog
was her sister,

Periesha Wilson."
Who was I assume your neighbor?

- Yes.
- Is that you?

- Yes, ma'am.
- [Judge Judy] Okay.

That dog's name is?

His name is Oreo.

And that's what you had named
your dog?

Yes.

- [Judge Judy] You are Ms. Wilson?
- [Periesha] Yes, ma'am.

[Judge Judy]
And the two of you were neighbors?

We're still currently neighbors.

[Judge Judy] Okay.
A couple of questions,

when she had a dog in 2018...

- Yes, ma'am.
- ...and into 2019,

and she used to let the dog out?

Yes, ma'am.
She would let the dog

just roam wild
with no supervision.

And the dog would occasionally,
I assume,

come and do his business
on your lawn and...

- Yes, ma'am.
- Yeah, irritating.

- A little bit but...
- [Judge Judy] Was irritating.

I have a dog of my own, so...

- That I assume you supervise?
- Yes, ma'am.

[Judge Judy]
And her dog's name was Oreo.

- Yes, ma'am.
- [Judge Judy] Okay.

So how did your sister
come into possession of Oreo?

Did you ever tell her
that the dog was chipped?

[Brian] Your Honor,
if I may, my name...

[Judge Judy] No, no, no.
That's a simple question.

- Did you ever tell the defendant...
- Yes, I did.

[Judge Judy]
...that the dog was chipped?

- Yes. Yes.
- Was that the truth?

No.

[announcer]
And later today...

- I left for a day not even...
- A day?

- [Ashley] But, yes.
- He stayed in the apartment?

[Ashley] Uh-hmm.

[Judge Judy]
He's not what she bargained for.

- So the whole thing wasn't happy...
- Right.

[Judge Judy] ...for either one of
you? Don't put your hand up.

Did I say anything
that was inaccurate?

[announcer]
Yolanda Sheppard and Brian Robinson

are suing dog owner,
Christina Scott,

for the cost of a Yorkie Poo.

[Judge Judy]
So how did your sister

come into possession of Oreo?

I believe she said a coworker
gave her the dog.

And she's had him for quite a bit.

When did the coworker
give you the dog

and the name of the coworker?

Adriana, she gave it to me
in December of 2019.

Did you have any paperwork
on the dog?

No, she just gave me the dog.

- Did you ask her where she got it from?
- [Christina] No, ma'am.

She gave me this dog
and another dog.

I had a Schnauzer as well.

[Judge Judy] She gave you both dogs
at the same time?

[Christina] Yes, ma'am.

[Judge Judy]
How does this dog behave?

Very good.

- Housebroken?
- Yes, ma'am.

[Judge Judy]
Put the dog down for a minute.

Just wanna see.

Periesha] Sit.

[Judge Judy] Leaving. [chuckles]

Okay.

Okay. Mr. and Mrs. Sheppard,

clearly the dog doesn't know you
at all.

You understand that?

Look how long he's been gone.

[Judge Judy] Right.
So according to this,

you paid $695 for the dog?

- Yes.
- [Judge Judy] Is that what you paid?

Yes.

[Judge Judy] [chuckles] See, even
now you don't let...

puppies are inquisitive.
Don't let 'em out.

So you do understand
that there is no way

that even if you could prove
that that dog is yours,

that I'm giving that dog back to you.

- Why?
- [Judge Judy] Why?

Because the dog doesn't know you,

it's been living with her
for two years.

And the dog doesn't know
who you are.

Dog has certain rights.

I've given dogs certain rights here
for the last 25 years.

So you're not getting the dog back
because you're irresponsible.

However,

you've said that you had
the dog chipped, correct?

I've read your complaint.

Did you have the dog chipped?

- No.
- [Brian] No.

[Judge Judy]
Oh, just a second.

Did you...

[Christina] Oreo...

The plaintiff and her boyfriend
came to my residence

inquiring that they had lost their
dog.

They stated that the dog was chipped.

That's her statement, Your Honor.

I'm reading her answer.

Did you ever tell her

- that the dog was chipped?
- I didn't speak with her.

- [Judge Judy] Hmm?
- I didn't speak with her.

[Judge Judy] Just a second.

Did you ever tell her
that the dog was chipped?

Your Honor, we went to her home...
if I may, my name...

[Judge Judy] No, no, no,
just, just answer my question.

This is not a difficult case.

- Did you ever tell her...
- Uh I told her it was chipped...

[Judge Judy]
...that the dog was chipped?

...with the hope that she would say,

"Hey, this dog belongs to you.
And I'mma give it back."

That's a simple question.

- Did you ever tell the defendant...
- Yes, I did.

[Judge Judy]
...that the dog was chipped?

- Yes, yes.
- Was that the truth?

No.

[Judge Judy] [laughs]
Well, then there is really no way.

You got the dog
along with another dog

- from a coworker?
- Yes, ma'am.

[Judge Judy] Okay.

[Christina]
Can I say something, Judge?

Yes.

[Christina]
I have screenshots from Facebook,

where she posted

all kinds of,

of harassing things on Facebook

concerning me
in regards to the dog not...

[Judge Judy] Do you have any idea
who would've sent her this note?

[Christina] No, ma'am.

[Brian] We have the text message and
proof, Your Honor.

[Judge Judy] Just a second.

If you have text messages from her,

- I will absolutely read them.
- [Brian] Yes.

[Judge Judy] Yeah.

Your Honor, if I may address
the irresponsible part

- from the dog.
- It's okay, Oreo.

[Brian] All of us
are close-knit neighbors.

Her dog roams into my yard
all the time,

the neighbors on both sides

dogs ro... roams into our yard every day.

We all kind of pay attention
to each other's dog,

but when somebody sees your dog...

Just a second. Just a second.

This is... this is a dog that I wouldn't be
asking for back.

By the way.

But if she's tempting
and feeding my dog treats,

we have letters from her,
which she wrote as well.

[Judge Judy] Hold on.
You wouldn't find your dog.

Just a second.

Okay. These are sort of disgusting.

Okay, other than the fact
that there is a dog

that is black with white spots,

- you never had the dog chipped?
- [Brian] No, ma'am.

So there's no way of you proving
that that's your dog.

I have pictures, I have shot records,

and I have the receipt
where I purchased.

No, I have the receipt
where you purchased the Yorkie Poo.

[Brian] And we have a video of him
as a...as a matter of fact.

And I have a video of him.

[Judge Judy] That's okay.

As a puppy, two and a half years ago.

I mean, I see dogs like this all the
time,

Yorkie Poos that are black
with white spots on the paw.

[Brian] She's arguing it's a Shih
Tzu, Your Honor, and then...

- [Judge Judy] What?
- She's arguing it's a Shih Tzu.

It's clearly a Yorkie Poo
and you can see the...

- I have no idea.
- [Brian] ...poodle in that.

Once people start mix-breeding
dogs, it's very hard to tell.

How much is in what?

I mean, I know
what that is looks to me

it has long ears
like a c*ck Spaniel.

Go buy another dog.

Your case is dismissed. We're done.

[Kevin] Court is adjourned.

I'm glad the Judge the
saw through their lies

and the truth is the truth.

She still stole my dog.

Then you can't leave a dog
wandering through the neighborhood

and thinking that the dog
is gonna come back

and then start accusing people

and harassing people
for a dog you lost.

I did not. It's my dog.
She stole it.

They're just trying to cause trouble.

I mean, they came to my house and they
tried to basically attack me.

I had to call the police.

Very confrontational.

She didn't give me back my dog.

She called a police officer.

He came out, that's that.

He loves me.

He sleeps in the bed with me
and everything.

He's a good dog.

[Judge Judy] No, you have to be res...
[chuckles] you have to be responsible.

You have a puppy,
you have to be responsible.

The plaintiff when I drew an analogy,

and people usually don't like that
when you draw an analogy

between dogs and children,
but it is true,

a puppy, y-you have a responsibility.

It's a living creature,

and you have a responsibility
to take care of it.

You know, if you're not prepared
to take it out,

walk it, monitor its behavior,

feed it, make sure it gets its shots,

- make sure it's chipped.
- Uh-hmm.

So that if should something happened,
it's yours.

But after two and a half years,

[chuckles] I was about to say
that aside from the fact,

did you hear the dog growl, Sarah?

- Yeah.
- [Judge Judy] Anyway,

I think the dog probably is better
off where it is now.

Be worse to uproot it again
after two and a half years.

- [Judge Judy] Yeah, that's unfair.
- Yeah, uh-hmm.

Seems unfair. Anyway,

I hope it works out fine
for them.

[Sarah] Uh-hmm.

Case number 1110,
Cabezas versus Koltun.

All parties please step forward.

[announcer] Ashley Cabezas

is suing her former friend
and roommate,

Amy Koltun, for a security deposit.

Okay. Not a difficult case.

Miss Cabezas, you moved in

- in March of this year?
- Yes.

- As the defendant's roommate?
- Yes.

[Judge Judy]
You had known each other.

This wasn't a, you know,
answering an ad on Craigslist.

This was you knew each other,
you moved in March 1st?

- March 9th.
- And you left on or...

It was March 7th.

[Judge Judy] March 7th,
even better for her

and you moved out April what?

I was out by the 1st.

- [Judge Judy] April 1st?
- Yes.

This is what you want.
You want your deposit back?

- Correct.
- [Judge Judy] And the defendant says

you didn't give her 30 days notice.

She used your security deposit

for the 30-day-notice
as a month's rent.

Not correct.

She broke the rules that we agreed
upon her prior to moving in,

- which was no...
- [Judge Judy] No. Just a second.

What I'm asking you is
did she give you a security deposit?

- Of $400.
- [Judge Judy] And what was her rent?

Eight hundred dollars.

[Judge Judy]
When she moved out on April 1st,

- did you keep her $400?
- Yes.

[Judge Judy]
And you kept her $400

because according to your answer,
she didn't give you 30 days' notice?

And other things.

He was there and your countersuit

is for the extra water that was used

and extra electricity that was used.
That's ridiculous.

It shouldn't bring the two of you
to court.

[announcer] Ashley Cabezas
claims her former friend

and roommate, Amy Koltun,

refuses to return her security
deposit.

Amy is countersuing,

claiming Ashley's boyfriend
lived with them

and she owes for his portion of rent.

What I'm asking you is
did she give you a security deposit?

Of $400.

[Judge Judy]
When she moved out on April 1st,

- did you keep her $400?
- Yes.

[Judge Judy]
And you kept her $400

because according to your answers,
she didn't give you 30 days' notice.

And other things.

[Judge Judy]
The other things you're talking about,

- that she had her boyfriend over?
- [Amy] Lived with me.

[Judge Judy]
She had her boyfriend over.

Yes, but lived with me 24/7,

showered, used utilities,

- many more things.
- Whatever.

She caused no damage
to your apartment?

No damage.

[Judge Judy]
You have to return her security.

- She left for five days...
- [Judge Judy] I want you to...

- ...prior to renting.
- [Judge Judy] I want you...

I want you...I want you to listen,

because Sarah is going to look up

the definition of security deposit

and then we'll get into the facts.

First, she's gonna look up
the definition of security deposit,

landlord, tenant.

Security deposit is money
that is given to a landlord,

lender, or seller of a home
or apartment

as proof of intent to move in
and care for the domicile.

Security deposits serve
as an intangible measure of security

or as a means of tangible security
in the event of damages

or lost property.

[Judge Judy] Okay,
so security deposit is for that.

It is for damages done to the
property.

You didn't keep her security deposit

for any damage she caused
to the property.

Okay so you have to return
her security deposit

unless you had a written lease.

We have text that we agreed...

- [Judge Judy] No, no text.
- ...upon prior to her moving in

with her deposit being involved
to our agreement.

Your Honor, we did not have
a written lease.

[Judge Judy] Okay.
I'd like to see the texts

that you have
that in some way

refute the definition

of security deposit.

I have texts of our agreement
to her moving in.

[Judge Judy] Just a second.

Be more than happy
to take a look at them.

But what I'm telling you,
that's what security deposit is for.

This is nothing,

absolutely nothing.

I'm just telling you,
it's legally nothing.

These texts back and forth
don't form the basis of a contract,

it indicates that you know each
other.

This...what happens is,

you moved in and your boyfriend
sort of came along?

- Yes.
- And he was there a lot?

- [Ashley] Yes.
- [Judge Judy] If not, most of the time.

- And she wasn't happy about that?
- [Ashley] Right.

And then you left
for a couple of days

to go visit somebody
and he stayed in the apartment?

I left for a day not even,
I wasn't gone overnight.

- A day?
- [Ashley] But, yes.

- He stayed in the apartment?
- [Ashley] Uh-hmm.

He's not what she bargained for.

- So the whole thing wasn't happy...
- [Ashley] Right.

...for either one of you.
Don't put your hands up.

Did I say anything
that was inaccurate?

No. So you don't have
to say anything, right?

She wasn't happy
with him being around.

I don't know whether he's a nice guy,
not a nice guy. I don't care.

But she was buying you
in this situation.

Not two roommates, only one.

You weren't happy with her
complaining.

So you said I'm leaving. Great.

You didn't hurt anything.
You didn't damage anything.

You get your $400
security deposit back.

- Are you happy?
- Yes.

[Judge Judy] Good, $400.

Now she has a counterclaim
that's actually sort of ridiculous.

There was nothing in your agreement

for her $800 rent,

- which you did, in fact pay.
- Right.

[Judge Judy] Eight hundred dollars
for a short month,

because she was there
from the 7th to the 1st,

so that's a short month.

So you got your full $800
a month rent

and he was there
and your countersuit

is for the extra water
that was used

and extra electricity that was used.

That's ridiculous.

There's nothing that precludes him
from being there.

It was just not part of your
agreement.

Of your understanding it was an
uncomfortable living situation.

It shouldn't bring the two of you
to court. [chuckles]

Do you understand? Shouldn't.

So you should just have given
her $400 back.

Judgment for the plaintiff $400,

you counterclaim is dismissed.
We're finished.

- [Ashley] Thank you.
- [Kevin] Court is adjourned.

I completely agree with her decision.

I felt like it was pointless
to come here in the first place.

But I did what I needed to do
in order to get my deposit back.

But I definitely said,
"Hey, I'm not prorating."

She still wanted to move in.

So initially, when I was moving in,

he was not intended
to move in with me

and then things changed.

Hey, um no.

I don't want your boyfriend living
under my roof,

it was only females.

If he wants to be there
when she's there, that's fine.

And I tried to have a conversation
about it with her

that never happened.

And I ultimately decided
it would be best

to just move out and get my own spot

and not have to worry about any rules
being broken

or anything like that.

But half the time she was at work
and he wasn't.

He was just sleeping there,
eating there,

showering there, everything,

- but that's okay, whatever.
- He was.

And three, um the deposit,
we actually...

well, I was her...as her friend said,

"Hey, $800, I'll split $400 one
month,

$400 next month.

I just didn't wanna live in a house
under rules

that I felt like I shouldn't need
to follow.

And no hard feelings, I guess.

I really...she just wanted to take me
to court, I'm here.

It's what I had to do, so it's fine.

The friendship is said and done.

I don't really care to have somebody
like that in my life.

She has shown her true colors
and that's pretty much it.

[Judge Judy]
You know these kinds of cases

with roommates and boyfriends

are so far out of my history.

When I was a young person,

you left your parent's house

either in a white dress
or a pine box.

Those were your only two ways.

You didn't go live with a roommate.

You didn't go away for a weekend
unless your father went with you.

So what is the etiquette?

Because this is your genera...
what's the etiquette,

boyfriend etiquette?

I think it depends on the situation.

I think that a few times a week,
a month,

you know,
casual sleepover is one thing,

but when you have someone
continuously spending the night,

I think a discussion
is warranted for that,

especially if your roommate
doesn't know your boyfriend,

never met him,
doesn't know him outside of you.

I think it's a tricky situation,
because like you said,

it's not what you sign up for.

It's not...if I sign up
to live with a friend,

I don't expect their boyfriend
to come with them,

unless that's a conversation
that we have...

- [Judge Judy] Yes.
- ...beforehand.

So I think that you have to play it
by ear a little bit.

If a casual sleepover
turns into five nights a week...

More permanent,
like, more permanent.

[Sarah] ...then I think
a conversation needs to be had

just to respect everybody's
boundaries

and uh what they're comfortable with.

Don't you think that the boundary
should be set before?

Yes, a hundred percent.

- [Judge Judy] Before?
- Uh-hmm. But if it...

if the relationship comes about
as you're already living there...

- [Judge Judy] Living there.
- Living there,

I think that warrants a
conversation...

- [Judge Judy] So it's...
- [Sarah] ...after the fact

and it needs to be agreed upon,
but between both people...

- Yeah.
- ...because both the defendant

- and the plaintiff are on the lease...
- [Judge Judy] Right.

...so they have an equal say of,

of what they feel is right
and I think that they need

- to have a conversation about it.
- [Judge Judy] Conversation about it.

Yeah, it's really...
it really gets tricky.

I say live smaller, but live alone.

- [Sarah] Yeah. That's good advice.
- That would be the best advice.

[announcer] Want justice?


[suspenseful music playing]