01x20 - Neighbor Nightmare (Part 1)

[bunniefuu]

-[Judy] You two were neighbors?
-Yes.

I was in my garage
working on my bike.

He choked me
until I couldn't breathe.

And what happened next?

I punched him.

You punched him?

Yeah. Yes.

Yes, that would be a yes.

[narrator]
This is Judy Justice.

[dramatic music]

Don Schulze is suing
his neighbor, Varlin Davoudi,

for as*ault, extortion,
and harassment.

[Kevin] All rise.
Court, come to order.

Be seated, please.

[Kevin] Good morning, Judge.

We have case number 1027,
Schulze versus Davoudi.

Thank you.

Thank you.

Mr. Schultz,
you and Mr. Davoudi...

[Varlin] Yes, ma'am.

-[Judy] ...are neighbors.
-Yes.

[Judy] You've been living
in your present apartment

for the last 42 years,
according to your complaint.

Yes, ma'am.

[Judy] The defendant
moved in with his mother

a couple of years ago.
How long ago?

Off and on since
my mom and dad got sick.

I've been going back and forth,

but permanently moved in
about last November.

So a year.
You moved in full-time

because you have to care
for your mother?

Correct.
And my dad passed away.

How old is your mom?

-Eighty.
-[Judy] She's a kid!

Still young at heart.
Just like you.

She have any health problems?

Yes, heart problems. Diabetes.

You moved in alone?

Yes.

What kind of work
do you do, Mr. Davoudi?

I do credit restoration, ma'am.

Is it your own company?

No. I work for a company.

And you, Mr. Schulze,
what kind of work do you do?

I'm semi-retired,
and I'm also an author.

Semi-retired from what?

I worked on computers.

Tell me what size
apartment you have.

It's a house,
and there's two separate units.

So you live on one side,

Mr. Davoudi and his mother
are now on the other?

-That's correct.
-Front and back.

So it's the same building?

It's the same building.

And what is your rent?

Seven twenty-one a month.

How many bedrooms do you have?

-One.
-And that's rent-controlled?

Yes, it is.

Do you have any idea,
Mr. Schultz,

how much would your apartment be
on the open market today?

Probably 1,800 a month.

Your landlord
would love you to move.

Yes, ma'am.

-[Judy laughs]
-Very much.

I bet. Does your mother
pay rent to the landlord?

Of course.

-What is her rent?
-Eighteen fifty.

And it's the same size
apartment?

Ours is smaller, I believe.

This unfortunate situation
is about the two of you

who don't get along.

Each of you claim
that the other assaulted them

on a particular day.
And that was...

Have to get my glasses on.

Whitney, Whitney,
you don't wear glasses.

This happened
on a series of days,

but I think that the day
we're talking about,

the alleged as*ault happened
on the 29th of November, 2020.

So let's talk about
that date, Mr. Schulze.

I want you to tell me,
where were you

on the 29th of November, 2020?

I was in my garage
working on my bike.

And that's a garage
that you share with Mr. Davoudi,

or you don't share
with Mr. Davoudi?

No, it's a garage
that it's my own garage.

And he has another garage
next to mine.

You were in your garage.
Did he come to your garage?

-Yes.
-[Judy] And tell me,

slowly, what happened.

You're in your garage,
fixing your bike and...

Mr. Davoudi was walking
down the driveway,

and he was talking to me.

And I couldn't figure out
what he was saying.

He said, "That was very uncool
of you to tell the landlord

that I was unpacking my stuff
in the backyard."

Had you told
the landlord anything

about Mr. Davoudi's stuff?

Yes. I asked him...

Shh, just second.
What had you seen,

and what had you told
the landlord?

I'd seen him spread his stuff
all over the backyard.

What stuff? What stuff?

Clothes, equipment, belongings.

I assumed he was moving them
from one house to another.

Well, why did you think
that that required

a telephone call
to the landlord?

Because it had been there
for three days,

and I'd asked him to move it.

Okay. Where were you,
and what did you say to him?

I just said,
"Are you gonna be moving this?"

And he said, "I'll move it
when I'm ready."

Okay. And?

And so I said, "Okay."
And I called the landlord

and I... or I texted the landlord

and I told him that he's got
his stuff all over the place.

I can't do anything.

And would you please ask him
to move it or clean it up?

Was it ultimately moved?

Over a long period of time.

-Was it ultimately moved?
-[Don] Yes.

Do you know if it was put
out for trash, or just moved?

It was all basically
still there,

just moved and compiled into

different sections
of the backyard.

That was on his side
of the house?

No, the backyard
is a common area.

I know, but you're not
going in back of his house.

If the house is divided in half,
you would stay on your side.

Okay.

So, was it compacted and moved

onto the part of the backyard
that looks as if it's attached

to his side of the house?

It was all over the backyard.
It was lining the backyard.

No, no, that's not
what I'm saying.

-Once he moved it.
-[Don] Okay.

Are you being thick,
or you just don't understand?

No, he didn't. It was lined
throughout the entire backyard.

It wasn't in one area.

I said to you,
once he moved it,

you said ultimately,
he moved it, he moved it

-into one side of the backyard.
-[Don] Okay.

I asked you
a simple question.

The simple question was,

did he move it to
a part of the backyard

that looks as if
it's part of his backyard

rather than a part
of your backyard?

-Yeah. Yes.
-[Judy] Yes,

-that would be a yes.
-Yeah, sure.

And you say that
that took a couple of days.

Took a long time,
longer than a couple of days.

I assume you got a call
from the landlord.

Don't tell me
what the landlord said to you.

-No, actually he never did.
-[Judy] Hmm?

He never did because
those were gone within a day.

That was the day I moved.

That was the day
you moved in?

Correct. Like I said before,
it was November.

So that's when it happened.

And he said it was three months
before, which is a lie, again.

I'm here as a peacemaker.

Thank you, ma'am.

-I'm trying to be a peacemaker...
-[Varlin] Thank you.

[Judy] ...because there's no question.

-You are not...
-That's why I love you.

You are not moving with your


And Mr. Schulze, who has
the deal of a lifetime...

[Varlin] Mm-mm.

[Judy] ...which allows him
to go bike-riding,

and be semi-retired
and a novelist...

[Varlin] Right.

[Judy] ...instead of working,
he's not moving anywhere.

And harassing.

So, Mr. Davoudi,
I want you to understand.

I would ordinarily say
to one of you,

listen, you gotta move.

You know, life is too short
to be attached to somebody

that you not only don't love,
but you can't stand.

Absolutely.

Okay. So you gotta
learn to coexist.

I know that that's hard,

but you really have to
learn to coexist.

Right. And I...

[shushes]

So he moved his stuff,
Mr. Schulze.

-[clears throat]
-And then, according to you,

he came up to you
in the garage and said,

"Wasn't cool of you
to call the landlord."

That's correct.

And what happened next?

I stood up.
He kept walking towards me.

We got very close.

How close?

Close enough to
almost butt heads.

When you got up,
did you remain in your garage?

Yes, I did.

So he actually came
into your garage?

Yes.

Mr. Schulze, you have
to be very careful with me.

Are you telling me
that Mr. Davoudi

stepped into your garage?

-No.
-[Judy] Let's be very careful.

So he did not come
into your garage.

So you stood up and walked
out of your garage towards him?

-As he was walking
towards me,

I walked towards him, yes.

That's a more truthful answer.

Okay. That's true.

How do I know that?
I know everything.

[dramatic music]

-[Judy] Answer my question.
-I couldn't bring the food

inside because the two cats
couldn't come in.

What do you mean,
they couldn't come in?

-At that time when we started...
-That's what I mean,

they couldn't come in
at that time.

Kevin, would you have a
conversation with the plaintiff

and tell him
that there's only one person

that raises their voice here?

Thank you.

[narrator] Don Schulze says
his neighbor Varlin Davoudi

owes him for an as*ault.

Varlin is countersuing
for the same as*ault

and wrongfully
towing his car.

So, you got up from the bike.

Didn't stay by the bike,
but you walked towards him,

and he was walking towards you.

And he said,
"That was very uncool."

And now you're standing
toe to toe, close to each other.

What's the next thing
that happened?

Before you tell me the story,
make very, very sure

that I don't catch you
in another fib.

Do you understand?

You didn't catch me in a fib.

Let's go back, Whitney.

Let's go back to where
he first discusses where he was

when the defendant
came up to him and he...

if my memory is correct,
something about he didn't move.

[Whitney] Let's see.

The question that I asked him,
whether or not he stood up,

and whether or not the defendant
came into the garage.

Yes. He said,
"Close enough to only

butt heads, foreheads,
touch heads."

And you said, "You got up.
When you got up,

did you remain in your garage?"

And he said, "Yes, I did."

That's not true.

You didn't remain
in your garage.

You walked towards him,
and you left the garage.

I walked towards him after that.

After what?

After he started talking to me
and was walking towards me.

-Nah. Nah. Nah.
-You asked me if he stood up.

-No, no. Mr. Schulze...
-All right.

-[Judy] Mr. Schulze...
-Look, I misunderstood

the question then, ma'am.

Then you misunderstood the question.

-So now I'm gonna get back to...
-All right.

Now, you're walking towards him.

He's walking towards you...
face to face.

And what happened next?

He grabbed me
by the throat.

-He put his...
-[Don] And he choked me

-to where I couldn't breathe.
-[Judy] Just a second.

He walked up to you.
And the first thing

that he did to you was
put his hands around your neck?

He put his one hand
around my neck.

Okay.
And what happened next?

He choked me
until I couldn't breathe.

With his one hand?

-[Don] Yeah.
-And what happened next?

I punched him
to get his hand off me.

You punched him where?

-In the face.
-[Judy] And then what happened?

-And he let go.
-And then what happened?

And I walked back,
and I called the police.

Went back where?

Towards my house.

Were you going
through the garage,

or were you going through
the entrance to the house?

Well, I was walking back
up the driveway to my house.

Where were you
when you called the police?

I was in my house.

So you went from his,
putting his hand on you,

you punched him in the face.
You went into the house...

Right.

...picked up the phone
and called the police.

It was my cell phone.
I had my cell phone with me.

And ultimately,
the police came to your house

and asked you for a report
of the events.

Right.

And you told the police
what you just told me.

Yes.

[Judy] That the defendant came
onto your driveway,

said something to you, "Not cool
of you to call the landlord."

Then put one hand around
your neck and left a mark...

-Yes, ma'am.
-[Judy] ...on your neck,

and you punched him in order
to let him let go of your throat.

-Right.
-And then you went back

into your house
and waited for the police.

Yep.

Now, prior to this incident
on the 29th,

you had had some prior
confrontations with Mr. Davoudi,

according to the complaint,
about your cats?

Yes, ma'am.

How many cats do you have?

One cat that's inside,
and three outside.

Did the three outside cats
ever come inside?

Once in a while, yes.

Are they fed
inside or outside?

Both.

So they do come inside?

-Yes, they do.
-But I assume you only keep

one litter box for
the one cat that's inside.

I have two litter boxes.

Okay. So you have
two litter boxes for four cats?

-Correct.
-And the three cats

that are outside
only come in sometimes.

That's right.

I gather from reading
the complaint and the answer

that some of this conflict
had to do with your cats.

I imagine it does. Yes.

Yes. I don't want you
to tell me

whether you think
it's true or not.

Whether you believe
that it has validity or not.

I want you to tell me
what Mr. Davoudi's complaint was

about your cats,
because he ultimately confronted you

about the cats,
at some point, I assume,

-after he moved in.
-Yes.

And do you remember when
that conversation took place?

Between the time
that he moved in

and then the 29th.

Okay. What was
the first conversation?

Where did that take place?

Text message.

Okay. I'd like to
see the text message.

So, at some point,
he had your phone number.

Had you given him
your phone number?

Yes. We exchanged
phone numbers.

-When he moved in?
-Yes.

-And that was cordial enough?
-Yes.

-Great.
-We started out very cordial.

I don't have it with me.
It's on my phone.

Sorry.
There's so many papers...

If you can get it
on your phone, I'll look at it.

Whoever gets it to me first,

you can look for it
on your phone.

All right. Here we go.

May I have it, please?

Thank you, Kevin.

I found it, Your Honor.

[sucks teeth] Okay.
This is on November 2nd.

-Okay.
-[Judy] "Hey, Don,"

That would be you.

"Would you please move
the cat food plates containers

to your side in front
instead of our driveway.

By our door.
That we and others walk by."

Sounds like a perfectly
reasonable request.

Those plates
constantly end up by our door

and make a mess.

They attract flies
during the day,

roaches at night, possums have
been coming because of those.

So it's causing
a lot of issues, honestly,

and it's not nice
to look at them.

Then there are those big
nasty cat litter boxes

in front and back of our doors.
Horrendous smell."

Just a second.
Is that correct?

Just the litter,
I mean, feces.

That's what I meant.
Not the boxes. Sorry.

-[Judy] Cat litter?
-[Varlin] Correct.

"In front and back
of our doors,

a horrendous smell it's causing."

-Yes.
-"Everyone that comes over asks

what the horrendous odor is."

And then you say the smell
and where it's coming from.

"It's just embarrassing.

Can't even sit outside
or keep the doors open."

-[Varlin] Mm-mm.
-"Can't be cleaning

and washing daily,
it's getting too much."

Where's his response?
Where's your response to that?

-That was November 2nd.
-November 2nd.

It's right here.

[Judy] I'd like to see it.

Now, you answered him and said,

"I've been doing my best
to keep everybody happy,

but I will keep trying."

Then he said,
"Then the dead rats

they bring all the time.
Sorry, but this is too much.

Can't have my
eighty-year-old widowed mother

clean up after your four cats,
or pick up dead rats

and deal with the flies anymore.

"It's the last thing
that we need.

It's not nice, my man."

"It's made to sound
like I'm doing it on purpose

to just make
everybody else upset.

That's not my nature, Varlin,
you should know that."

And then you respond to him,

"These are your cats
or stray cats you're feeding,

and we're doing
all the cleaning

and dealing with
the flies and dash smell."

And you write,
"They're my cats."

"Then got to clean up
and make them keep clean,

and keep them on your side.

That's what every responsible
pet owner does,

not just feed them
and let them loose

for others to suffer
with the consequences.

That's not fair." Also true.

He'd open his door
and he'd run out

and he'd just yell at 'em
and scream at 'em,

and they'd have to run away
and wouldn't be able to eat.

-[Judy] Okay.
-I've got a video that shows it.

If you've got a video
to show that, Mr. Schulze...

Yes, ma'am.

Why didn't you just
bring the food inside?

[narrator] Defendant
Varlin Davoudi is countersuing

his neighbor, Don Schulze

for an as*ault
and towing charges.

Don claims he was the one
assaulted by Varlin.

"Now, I have been stupid about putting

more than one plate out there.
I should only put one plate

and then issue it's empty.
I pick up..."

"Sorry, but just
waking up every morning

smelling crap
and looking at dirty plates

and bombarded by flies isn't cool.

Move those so we won't have
to see that and deal with it.

Get the litter cleaned up
every morning if you care.

Thanks again."

"Just four families
that came over yesterday,

and all four said they smell
the same thing, plus others.

It's really embarrassing.

Then they get disgusted
by all the flies

that are here because of you
and your cats.

You know, we are neighbors.

We are supposed to
care for each other."

Mm-mm.

"Have each other's backs,
help each other, be chilled,

just like I've been doing.

Thanks for listening
and moving those

and keeping clean
and moving forward."

And you say, "As far as
putting them on your side,

I'll put them on
the other side of the step.

"That hasn't even occurred to me

because I've been putting them there
for 15 years.

My cats don't bring rats
because they're fed."

By the way, cats
that are outside bring gifts.

[Varlin] Mm-mm.

Many gifts, dead birds,
dead chipmunks, dead rats,

whatever they can find.
That's what they do

when they bring presents
home to their owner.

-He doesn't...
-[Judy] I know, I had cats.

[Varlin] Not his though.

Shh!
We're building bridges here.

Right.
"Which I'm fine with k*lling the rats.

Cats don't eat them,
they play and they k*ll them."

Well, you know something
about rats.

"Just that my dad and I
have picked up a few

and seen you passing by
and just leaving it there

for us to pick up.
That's all I'm saying.

My dad not here to pick them up
anymore. Thanks, buddy."

"If I ever see a rat,

I have never once passed it up
without picking it up.

And if I passed it up,
it was because I went

to the back of the house
to get my gloves,

and come back out immediately
and pick it up.

So that was
a misinterpretation.

So I'm not one to
pass a dead animal or rodent

and leave it there.

That's not me. That was
a completely missed.

I picked up a rat
just yesterday

and threw it in the trash.
I thought you knew that

because you were walking around
when I did."

"Oh, I'm sorry. I was supposed
to pick up that one

like the last five months along with
that, hmm, every day."

"I'm not trying
to argue with you.

I'm trying to work with you,

please don't
talk to me like that.

I saw one rat, I picked it up.
Would've seen five rats,

I would've picked up
five rats."

"Okay. Right now,
I'm on the phone

regarding my own father
so when I have more time,

let's talk about it later."

"I will get out there and
start cleaning up the place."

That's you.

And what you're doing, sir,

is leaving these paper plates
out there with food

because I have a photograph
of it, which is not cool.

I pick them up
every-every day.

-It's not... it's not cool.
-As soon as they finish...

-It's not cool!
-[Don] Okay.

If they're your cats,
feed 'em inside,

then they'll get used to using
a litter box maybe inside.

Then you say to him
at some point,

"Call the police"

because that's what
he's threatened to do.

"Laugh out loud.
Have I threatened you?

Been nothing but
nice and respectful.

Anything you asked
I did right away. Yes or no?"

"But you haven't.

All I asked you was to put
the plates on your front side,

so we don't get awful flies
and roaches and animals,

and get bombarded with flies

every time we pass
into our house.

So it's hard to understand."

"Well, okay.
But I see what you're doing.

And my friend who was visiting
also sees what you're doing.

You approached me
about this yesterday, Varlin.

You haven't given me
a reasonable amount of time

to do anything.

You know my strife
and what I'm going through,

and it's not possible to jump
to your need immediately."

Well, all you had to do
was put the cat food inside.

-I did.
-Mm-mm. Nope.

[Judy] But that took time.

It takes just as much time
to put the cat food outside

as it does to put
the cat food down inside.

My cats couldn't
always come in.

Two of my cats are outdoor only.
So I had to feed them outside,

like I've been doing
for 15 years.

Well, you say
at the beginning of this case,

you said one is inside
all the time,

and the other three
come in and out.

That's what you said
at the beginning.

She's not gonna go back
and read that.

-That's what you said.
-As soon as the cats

are done eating, I brought
the plates in, every time.

I've got a video
that shows that.

[Judy] I'm gonna tell you
something, sir.

Don't put the food outside.

[Don] I'm not anymore.

Okay, good.

"If you do anything
to hurt my cats,

I will call the police."

Did he threaten your cats?
I don't see that here.

His dog chases my cats.

-[Judy] Okay.
-I don't...

I didn't have a dog.
I don't have a dog.

He lets his dog
chase my cats

when they're trying to eat.

Just a second.
What kind of dog?

I don't know. A Labrador
or something like that.

[Varlin] I just got it
two months ago.

He just said back then.
It's my mom's.

It's just a little puppy,
eight weeks old.

Well, this is
back from November.

Right. So he lied again.

Shhh!

I was talking about
the present day.

No, I'm talking
about back here.

-[Varlin] Mm-mm.
-Back then, he would

[Judy] I'm talking about
back here.

...chase my cats
on foot himself.

[Judy laughs]

He'd chase my cats
away from their food

when they were trying to eat.

He'd open his door
and he'd run out,

and he'd yell at 'em
and scream at 'em

and they'd have to run away
and wouldn't be able to eat.

-[Judy] Okay.
-I've got a video that shows it.

[Judy] Just... just a sec.
What I'm asking you is,

if you've got a video to show that,

-Mr. Schulze...
-[Don] Yes, ma'am.

[raises voice] Why didn't
you just bring the food inside?

-[Varlin] Mm-mm.
-I didn't bring the food inside

because the two cats couldn't
come in at that time.

So I had to feed 'em outside.

What do you mean, they
couldn't come in at that time?

-When we started...
-That's what I mean!

They couldn't come in
at that time.

Kevin, would you have a
conversation with the plaintiff

and tell him that there's
only one person

that raises their voice here.

[Varlin] Thank you.

[whispers] You may not wanna
raise your voice at the judge.

Okay.

[Varlin] That's what I deal with.

And I just wanna
let you know that when you...

-I'm already the bad guy here.
-When you display a temper,

when you display...
just a second...

when you display a temper in here,

-I'm trying to help you, sir...
-[sighs] All right.

When you display
a temper in here,

in probably the most
reserved atmosphere...

-Mm-mm.
-...and you can't control yourself

-from displaying a temper...
-That's true. I agree.

...that does not sit well
with the person

-who has to adjudicate.
-I agree.

Just feels like I'm already
being made out to be

-the bad guy here.
-Just a second.

I haven't even gotten to
his side of the story yet.

-All right.
-[narrator] To be continued.

Want justice?

[dramatic music]