01x83 - California Wildfire Payout/Quinceanera and COVID

[bunniefuu]

You made a child together?

Yes, ma'am.

Every once in a while,
you fight with her and she kicks you out,

and then she lets you back in,

- right?
- [Dale] Right.

[Judge Judy] And you have a fight,
and she kicks you out,

making the same mistake
over, and over, and over again?

You can't get along, don't live together,

you have a child
who's growing up with two crazies.

[announcer] This is Judy Justice.

[theme music playing]

[announcer]
Dale Eber is suing his former girlfriend

and the mother of their daughter,
Ginger Gibbens,

for wrongful eviction

and the value of his property.

[Kevin] Court come to order.

[Judge Judy] Have a seat, please.

- Hello, Judge.
- Good morning, Kevin.

Case number 1160, Eber versus Gibbons.

- Thank you.
- [Kevin] You're welcome.

Oh, Mr. Eber?

Yes, ma'am.

[Judge Judy] I don't know, there's a
saying about somebody

who doesn't learn from experience,

they keep making the same mistake
over, and over, and over again

and I've read your complaint.

You and the defendant
had a long-standing relationship

only through the fact
that you made a child together.

That child is now how old?

Six.

[Judge Judy] Every once in a while,

you sort of float in,

and then you fight with her,

and she kicks you out,

and you stay out for a few months,

- and then she lets you back in, right?
- Right.

[Judge Judy] And you're together
for a little bit, and you have a fight,

and she kicks you out,
and then you're out,

and you live in your truck,
you stay with friends,

whatever it is, and then...

you come back.

According to your complaint,
probably happened more often

but it happened recently
in the last couple of years, three times.

Yes, ma'am.

[Judge Judy] And so the first thing
that you are alleging

is that she has committed
on three separate occasions recently,

probably happened many times,
but that's wrongful eviction.

Right.

[chuckles]

A couple of questions before
I actually put the fourth line

through this wrongful eviction claim.

In any of the recent times

that she gave you the boot,
were you on a lease?

No.

How could she evict you
if you weren't on the lease?

[Dale] Well, I moved in there with her
when she moved in,

uh, lived with her from day one.

From day one, what is day one?

- Give me day one.
- [Dale] February of, uh, 2020.

[Judge Judy] Well, February of 2020,
your daughter was five.

- And you were not on the lease?
- [Dale] No.

[Judge Judy] And how long did you
live there before she threw you out?

Three or four months.

[Judge Judy] Okay. Then you had a fight?

Yeah.

And she called the police,
tossed you out?

- [Dale] I called the police.
- [Judge Judy] Oh, you called the police,

she said, "He's not on the lease,"
they tossed you out.

- [Dale] Right.
- [Judge Judy] How did you get back?

[Dale] I was living in my car,
I had nowhere to go.

- So, I mean, it was after...
- [Judge Judy] Okay.

So you were living in your car,
you had nowhere to go, and?

[Dale] Well, we had both lost everything
in the campfire

so we were, um,
we, we both moved in there together.

She's...when she started
collecting welfare,

um, I was still living there
and helping with, you know [indistinct]

[Judge Judy] This is much...
too much information for me, sir.

Okay.

When you moved back in with her,

that was after
she had thrown you out once.

- Right.
- [Judge Judy] Did you say,

"I'll move back in with you
but I wanna be on the lease"?

- No.
- [Judge Judy] No?

So that you knew from the first time

that if the police were called,
she's gonna say,

"He not on the lease
and he doesn't live here."

So you moved back in with her,

with your daughter, 'cause
your daughter remained with her.

[Dale] Right.

In what month?

[Dale] I can't really recall the dates.

[Judge Judy] Well, I, I certainly don't
remember, she doesn't have to help you.

And then she threw you out again,
were the police called?

Yes, I called...I've called the cops
every time that we've,

we've had a problem with her drug use.

[Judge Judy] Okay.
You called the police?

Uh-hmm.

- [Judge Judy] I assume that that's a yes.
- Yes.

[Judge Judy] And when the police came,
they told you to leave, and you left.

- Yup.
- Yup is a yes?

Yes, sorry.

[Judge Judy] And then you went and
stayed in your car again?

- [Dale] Right.
- [Judge Judy] For how long?

[Dale] A couple months.

How'd you get back in?

[Dale] The third time I get in it
was the last time. I bought an RV...

[Judge Judy]
Well, so far I know two times,

so it's only two times
that she threw you out.

Uh, it was more than two,
it was more than twice.

Let's move on to something else
where you might be more successful.

Return of rent, what rent do you want?

[Dale] I have, uh, evidence right here
of moneys that I've given her.

[Judge Judy] I don't care
what money you gave her.

When you paid rent the months
that you were living there...

Yeah, well, I paid in advance
for months.

I've paid, uh, 1,750 at one time.

Just a second. In what year?

[Dale] This one was, uh,
December 31st of 2020,

right when she moved in there,
to help her move in.

- Good.
- [Dale] Um...

I mean, with your daughter?

Right.

[Judge Judy] Do you regularly
pay child support, Mr. Eber?

- Yeah. This is part of the...
- [Judge Judy] No, no.

...child support but she was collecting
welfare fraudulently

and not reporting the money
I was giving her.

Well, that's terrible.

When did you find that out?

Um, when they started garnishing...or...

and taking money out
of my bank account.

Oh, you mean you didn't know that
she was collecting welfare before that?

No.

[Judge Judy] How did you think
she was supporting herself?

[Dale] I was givin' her...
I gave her, uh, my welfare money

and it was $4,800 and I got...

- I gave her $3,000 of it.
- [Judge Judy] Just a second.

You gave her half of your welfare money?

[Dale] Yeah, I gave her most, most of it.

Just a second.

[Dale] Yes, I did.

Just a second.

I need...I need an eraser, go and...
I need to erase my brain.

She gets welfare for herself
and your daughter?

[Dale] Right.

[Judge Judy] And you get welfare for you?

- No.
- [Judge Judy] Well...

what did you mean you give her
half your welfare money?

[Dale] I'm a painting contractor
and then...

[Judge Judy] So...I don't understand.

Did he say I gave her half my welfare?

I'm sorry, you know, some...

[Dale] No, half of my wildfire money,
from losing...

- Wildfire.
- [Dale] Wildfire money.

Was that what he said?

I heard welfare.

- I heard welfare.
- [Dale] No, I said wildfire.

- You have to be careful.
- Sorry.

- Because she's the stenographer.
- Okay.

She...thank God, you heard what I heard.

Half of your wildfire money.

- And that's...that was like over...
- [Judge Judy] Just a second.

Just a second.
Wildfire money, that's a new one.

Look it up.

Wildfire money, this wildfire money,

this wildfire...
was the wildfire, the Paradise Fires?

Yes, ma'am.

[Judge Judy] And you were living together
during the Paradise Fires?

[Dale] Yes.

[Judge Judy]
In what kind of establishment?

In her parents' house.

So you were living with Ms. Gibbens,

in her parents' house, with your daughter.

Right.

And the wildfires destroyed
your parents' house?

- No.
- [Judge Judy] No.

No, it had damages
but they had to, um, fix those

and then they put it on the market
shortly after and sold it.

There was a fire,
I don't know if I could look into

the insurance proceeds
of what was paid.

[Judge Judy] Then for curiosity Mr. Eber,

who did you get money from?

The Wild...uh, Northern...

I forget the name of it
but we got, uh, I think it was $10,000.

Everybody that was, um, evacuated
or that was in the fire.

- So you got $10,000?
- [Dale] Right. And so did she...

[Judge Judy] For, for being dispossessed
from her parents' home?

[Dale] Yes.

[chuckles]

[Dale] No, I...yeah.

Uh-hmm.

I lost my business in the fire.

[Judge Judy]
No, no, those are separate things.

If you lost your business in the fire,
that's another thing.

Where was your business located?

- Paradise, California.
- [Judge Judy] Okay.

And that's separate
from where her parents' were?

- [Dale] Right.
- [Judge Judy] Okay.

And what was the name of the business?

- Dale's Painting.
- [Judge Judy] Dale's Painting.

Where are you located now?

The business is, uh, located 62...

I haven't changed the address
to the new address.

Let's move on Mr. Eber
to something else, please.

Your personal nonsense
has nothing to do with courts,

and if you wanna have a discussion
with somebody

about your personal business,
go to a counselor,

go to Dr. Phil, it's nonsense.

Courts don't care about it.

[announcer] And later today...

Who's going to speak
for the two of you?

I will.

- She gave you a look.
- Okay. Better ask again.

[laughs] Who's going to speak for you?

- You.
- I am.

Good.

Make sure you didn't give me that look.

[Judge Judy] Yeah.

[theme music playing]

[announcer] Dale Eber claims
his former girlfriend

and the mother of their daughter,
Ginger Gibbens,

owes for evicting him multiple times
and damaging his property.

Ginger is countering for an as*ault.

[Judge Judy] Okay. Let's move on to
replacement of value of damaged property.

Because as you see,
I'm singularly unimpressed

with the other parts of your complaint.

Replacement value of damaged property.

What property and how did she damage it?

She, uh, put all my stuff out
on her patio.

What stuff?

[Dale] My clothes, my DVDs, my computer.

[Judge Judy] On what date
did she put your stuff out?

[Dale] I don't know the dates.

Because, uh, she's the one
that put them out.

- [Judge Judy] Okay.
- She knows that.

[Judge Judy] Well, on what date
were you missing your clothes?

Is that the same day
you were missing your computer?

No, actually, um,
I, I had left my computer there.

Well...you know, she had put my computer
out with my clothes,

- it was all soaking wet.
- [Judge Judy] Okay. Okay.

[Dale] Yeah, that was the same day
I was...yes, I was missing the computer.

Okay.

- You have a counterclaim.
- Yes.

[Judge Judy] Your counterclaim
is for as*ault primarily, for as*ault.

So I have a couple of questions

because clearly people have nothing better
to do than to come here.

I, on the other hand,
have better things to do.

I read your answer
and I read your counterclaim.

You say in January 2021,
he grabbed your purse,

claimed that you had drugs,
and "grabbed me by the hands,"

and you ended up spraining your pinky?

Then I'm jumping forward to May of 2021
when you said,

"I filed a restraining order against him
because he crossed the line,"

that's what you wrote
in your answer, right?

Uh-hmm. Yes.

[Judge Judy]
So I'm gonna ask you a simple question,

my question to you is between
January 21st of 2021

and on or about May,

did Mr. Eber live with you?

- [Ginger] No.
- [Judge Judy] When did he leave?

It was that, that...uh, at the time...

right around the time of that...
of the as*ault.

[Judge Judy] Well, what happened
between January and May?

[Ginger] I did file an, uh, a restraining
order, uh, on that incident.

Um, and I...he convinced me
to not go through with it, and...

[Judge Judy] How...just a second.
How did he convince you?

He's...he, he...
well, he threatened me mostly.

- [Judge Judy] No. Well, tell me.
- But he...

- [Judge Judy] Well...just a second.
- [Ginger] I'm sorry.

- [Judge Judy] I want you to tell me...
- [Ginger] Yes.

...where was he when he convinced you?

Was he on the phone?

Was he on texts?

Was he on email?

Was he in person?

Where was he when he convinced you
not to go forward with...

- In multiple...in multiple areas.
- [Judge Judy] Multiple areas?

- So I have text messages...
- [Judge Judy] You have...

...emails, and phone conversations,
uh, a few...

- What about in person?
- [Ginger] Um...

- What about him?
- Face to face? No.

[Judge Judy] Between January 2021 and now,

has he been in your home?

No.

[Judge Judy] Have you been in his home?

Uh, no. Uh-uh.

So where have you met?

[Ginger] Out...either outside
of the apartment.

Um, actually I haven't been able
to get him to, uh, to cooperate

with any kind of scheduling
or anything like that.

He pretty much comes
and goes as he pleases.

[Judge Judy] Comes and goes where?

Uh, well, I mean, to, to the house
or whatever to, to see the baby.

Actually, um, he hasn't...he has not been
allowed to come around because he...-

- um, as of May...
- Uh, uh, uh.

Uh, uh, uh, uh, uh, uh.

I have to tell you about courts,

both of you, we're busy.

And your personal nonsense
has nothing to do with courts,

and if you wanna have a discussion
with somebody

about your personal business
and how you can't get along or,

you know, go to a counselor,
go to Dr. Phil,

go to somebody
who can negotiate visitation,

spend some of your wildfire money
on a therapist

who can help you negotiate

how to raise and co-parent
this little girl

because you have a little girl together.

Can I address, uh, her,
her restraining order?

- I'm throwing it out.
- Okay.

[Judge Judy] It's nonsense.
The whole thing is nonsense,

your case is nonsense,
her case is nonsense.

- I...
- [Judge Judy] Courts don't care about it.

You can't get along, don't live together

but don't keep torturing each other.

Because in the process
of torturing each other,

what you're doing
is you have a child who's a baby.

Yes.

[Judge Judy]
Who's growing up with two crazies.

She keeps letting you come back in,

she tosses you out, you come back in,

you float in and out,
she may act irresponsibly.

If you have a legitimate claim
with regard to her parenting skills...

I do.

[Judge Judy] ...what you do
is you go to family court

and you file a petition

so that a judge can set
a visitation schedule with your child

if you want visitation.

And if you have a legitimate complaint
with her,

with regard to parenting

because you have a complaint
that she is a substance ab*ser,

go to family court
and file for custody of your daughter.

- I already have. I...
- [Judge Judy] No, no...

I got all the papers right here.

- You've got what?
- [Dale] All the papers

and proof that she's, uh,
a aggressive person and...

[Judge Judy] No. No, listen to me.

- You're not listening.
- [Dale] ...911 called...

You're floating around in the air.

You're in the wrong place,

you're in a place where you want money

and what I'm telling you is
if you have a legitimate complaint

with regard to her parenting skills,
go to family court

where they will not award you money,

they will award you custody
if you're right.

Right now, all you're doing
is what my grandmother would say,

"You're blepturing."

You're complaining about her

and you're not putting your money
where your mouth is.

You wanna put your money
where your mouth is

about a legitimate complaint about her
being an unfit parent

and you would be a better parent
for your daughter,

go to family court

where you're not seeking $10,000,

where you're seeking the right thing
for your child.

- Do you understand?
- Yes.

Perfect! Goodbye.

[Kevin] Court is adjourned.

I don't know.
Uh, I guess she's right.

I understand completely.

Well, it's mainly her substance abuse.

I do not have a substance abuse problem.

The neglect to my daughter.

I have, uh, all the love in the world
for my daughter of course.

And, uh, destroying my personal property

and, you know, every time
she's thrown me out.

Good parents for our daughter,
absolutely.

That would be great.

You know, Sarah,
we talk about this all the time

and it's something that I think
I probably said a million times,

you have to love those children

more than you hate each other

because that's your responsibility.

It's as much of a responsibility

for their emotional health
as it is to put food on the table.

- Uh-hmm. Yeah.
- [Judge Judy] It's just so sad to me

that this little girl has to live

through this tumultuous toddler period.

- [Sarah] Yeah.
- Which isn't gonna get better.

- It's unfortunate.
- [Judge Judy] Yeah.

Case number 1148, Castillo versus Sainz.

All parties, please step forward.

[announcer] Ralph and Raquel Castillo

are suing photographer Dirseu Sainz

for the return of their deposit.

Mr. and Mrs. Castillo, who is going
to speak for the two of you?

I will.

She gave you a look.

Okay. Better ask again.

[chuckles]

Who's going to speak for you?

- You.
- I am.

Good.

[Ralph] To make sure
you didn't give me that look.

Yeah. Yeah.

- Mr. Castillo, this is your daughter.
- [Ralph] Yes.

[Judge Judy] And she was going
to have a celebration,

I think it's for her 15th birthday.

Yes.

[Judge Judy] And that has a special name.

- Correct. Quinceanera.
- [Judge Judy] Quinceanera?

Tell me about the genesis
of that celebration.

Why 15?

It's, it's a celebration of a transition
of a young girl into a young adult.

[Judge Judy] Okay.

We walk in and I say,
"Can somebody help us?

We have pictures
that are locked in our phone."

And some young person comes over
and one, two, three,

and voila, fifty pictures.

It's like magic, it's like a genie.

[theme music playing]

[announcer]
Ralph and Raquel Castillo claim

photographer Dirseu Sainz

is wrongfully keeping their deposit

after their daughter's quinceanera
was cancelled.

Okay.
What's your daughter's first name?

Victoria.

[Judge Judy] Unfortunately for Victoria,

she was celebrating her 15th birthday
during the pandemic.

[Ralph] Uh-hmm.

But prior to that,
you had hired the defendant

to do the photography and videography
for the quinceanera?

Correct.

[Judge Judy] In what month
was your daughter supposed

- to celebrate her birthday, sir?
- April.

[Judge Judy] And you retained
the defendant's services on what date?

[Ralph] November 15th of 2019.

When did you finally retain him?

- Because you came to a figure...
- [Ralph] Oh.

...and the figure that you came to
with him was $750.

When we gave him the deposit.

- [Judge Judy] Of 750?
- Seven-fifty.

[Judge Judy] And what was
the total amount to be?

[Ralph] Seventeen hundred and fifty.

[Judge Judy]
The case is a relatively simple one.

The party had to be cancelled
because of COVID restrictions.

Correct.

And you tried to get a refund
from Mr. Sainz?

- Yes.
- [Judge Judy] And you were unsuccessful

in getting a refund from him

and then it was your daughter's


[laughs] Yes.

[Judge Judy] And since she missed
her 15th big celebration,

you thought that the family could now have
a smaller celebration

in April of 2021,

and you asked Mr. Sainz
if he would take photographs of that.

- Yes.
- [Judge Judy] Where was that held?

At our home, it was just myself,
my wife, and my daughter.

We weren't really getting
into having a party.

When you called him to come and take
those pictures of her 16th birthday,

tell me about the conversation
with regard to payment.

Well, we had asked him
if we would be able to get a refund

but if we could work something out
where we can maybe get a few photos

and maybe deduct something
from the refund

since he was having a hard time
coming up with the money

and he said,
"Don't worry, I'll take care of you."

[Judge Judy] Okay.
So, without any further discussion,

you had him come to your home
and take photographs on...

- It was actually January.
- [Judge Judy] Got it.

Okay. So he came to the house in January.

What time did you get to the house,
Mr. Sainz?

Uh, about 1:30, 1:45.

[Judge Judy] And what time did you leave?

Uh, it was maybe 3:30, 4:00 or so.

[Judge Judy]
And during that two-hour period,

he was there primarily taking photographs
of yourself, your wife, and your daughter.

- Correct.
- [Judge Judy] When he left,

he told you he would provide you
with photographs.

- [Ralph] Correct.
- [Judge Judy] Did he do that?

- Partially.
- [Judge Judy] When you say partially,

what did he provide you with?

[Ralph] Fifty-three pictures

and two minute and fifty-three seconds
of video on, uh, email.

Yeah, that's the way
people do it these days.

- [Ralph] Correct.
- Okay.

So you have those photographs?

Not physically.

He said that we can go to Walmart
and have 'em printed.

Okay. Do you have the photographs?

- I have some photographs.
- [Judge Judy] May I see them, please?

Did you go to Walmart
and have them printed?

We never got the thumb drive
that he promised.

[Judge Judy] Just a second.

Mr. Sainz, did you deliver them
a thumb drive?

I did not.
I emailed all the photos and the video.

[Judge Judy] Okay.

Well, these are
beautiful photographs, sir.

Did you look at all the photographs
that he emailed you?

- Yes.
- [Judge Judy] Well, they're lovely

and you look beautiful.

Thank you.

[Judge Judy] Mr. Castillo, you're asking
for your refund of your deposit.

He was at your house for two hours.

He sent you fifty-three photographs.

He took video.

Why would you think that
you're entitled to your deposit back?

For $750, he came to your house

which means he traveled to your house,
I don't know where you live.

- Where do you live?
- Uh, Corona.

[Judge Judy] Where do they live?

Uh, like, Murrieta,
it's about an hour.

[Judge Judy] So, he had an hour
travel time each way, that's two hours.

And he spent two hours with you.

[Ralph] Uh-hmm.

In addition to that, he provided you
with 50 photographs

that I assume had to have some work
done on them.

- Yeah.
- [Judge Judy] Because they always do.

And he provided you with video.

So the man worked for four hours
and he provided you with a product.

Why in the world do you think
he is responsible

for giving you $750 back?

Well, because we only received two minute
and fifty three second of video.

And?

[Ralph] And 53 pictures
and no thumb drive.

- [Judge Judy] Well...
- How are we gonna print the...

- Just a second.
- ...pictures that you have

in your hand without the thumb drive
to take the...

[Judge Judy] Listen.

I am so challenged
when it comes to doing that.

I am so challenged
but I know if you send them by email,

that you can take them in
to someone at a CVS, [chuckles]

they do that Mr. Castillo
for old people in Florida.

We go in there as if we haven't a clue.

We walk in and I say,
"Can somebody help us?

We have pictures
that are locked in our phone

and, and we don't know
how to work this machine."

And some young person comes over
and one, two, three,

they shove something from your phone
into a machine

and they press a couple of buttons,
and voila, out...spits out...

- [Ralph] Uh-hmm.
- ...50 pictures.

It's like magic, it's like a genie.

And then you say, "Thank you very much."

You give them 20 bucks for their trouble.

And that's how you...
Mr. Castillo, that's how you do it.

You take the email, you take it in,
and you say to them,

"I have this, could you help me?

I'm old and I'm like Judge Sheindlin.

I don't know what I'm doing.

- Could you fix it for me?"
- Uh-hmm.

[Judge Judy] Is there any way Mr. Sainz...

just for my own information,

is there any way that you can take this

because he seems to know something,
because he said thumb drive.

- Uh-hmm.
- [Judge Judy] Now I have heard

that term before and I actually know
it looks like a fob or something.

Is there any way
that you could send him that?

I could, yeah.

Yeah, Mr. Sainz,
I want you to be a saint.

That might be easier for him.

If...because what he says is,

if he had that,
he would know what to do with it.

He doesn't know what to do with it
with an email, okay?

Yeah, that sounds [indistinct]

[Judge Judy] Will you take care of that?

Of course.

How long will that take you
to take care of that?

To send him a thumb...

Uh, he'll get it in two days
in his house.

- Promise me?
- I swear.

[Judge Judy] Very good.

You have no case against him
Mr. Castillo, your case is dismissed.

You get that to him.

Otherwise, I'm coming to look for you.

- You got it.
- Thank you.

- [Kevin] Court is adjourned.
- All right.

I feel that if we would've got
the thumb drive from the very beginning

instead of waiting all these years,
we wouldn't be here today.

I am very happy with the decision
Judge Judy made.

Finally, we'll get some, uh, you know,

end result with the,
the work he put into it

and we'll actually physically have it,
so we can use it.

I'll send the thumb drive to Mr. Castillo
and that will...

they'll, they'll get going with their life
and I will with mine.

[Sarah] All those people seemed lovely

and I think the plaintiffs
were trying to get their money back

because they were unable because of COVID,

like, so many other people
to have this special celebration

but I think that the deposit
that they did pay

is pretty similar
to what they would have paid

for this sort of photo sh**t
for 50 or so photos,

a little videography.

They sort of canceled each other out

and I don't think the plaintiffs realized
that, until you pointed it out to them.

[Judge Judy] Right. And you know
sometimes, you need somebody...

in life, you need somebody
to blame for something.

You can't blame COVID for the fact that

your daughter didn't have
this once in a lifetime event

of transitioning at...at age 15,

so it was easier to blame
this photographer,

and they really got professional pictures

and they got professional pictures
in their home,

custom, with a thumb drive...

Once he figured it out
how to get it printed. [chuckles]

[chuckles] Yes. With a thumb drive for 700
bucks.

I think that that was fair.

Yeah, I do too.

[announcer] Want justice?



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