02x88 - Skincare Snakedown Part 1

[bunniefuu]

He got you into the store?

[Linda] He was very aggressive and pushy.

And the next thing, I knew,
he was practically on top of me.

[Judge Judy] And you said you felt
as if you couldn't leave?

I've been held against my will before,
and kidnapped.

And I was literally traumatized
at that point.

[Announcer]
This is Judy Justice.

[opening theme playing]

Linda Bernardasci is suing
salesman Eric West

for the cost of skin care products.

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

Have a seat, please.

- Hello, Judge.
- Hello, Kevin.

Case number 2114,
Bernardasci versus West.

- Thank you.
- You're welcome.

[Judge Judy] Would you pronounce
your last name for me?

- Bernardasci.
- [Judge Judy] Bernardasci.

- Yes.
- Well, I read your complaint.

I somehow was taken back
to my own experience

just walking down any street
that has a new cosmetic place.

So I sort of, leave.
I understand what your experience was,

at least initially, with Mr. West.

Mr. West, you're a salesman
for what company?

And where are they located?

Well, they're all over
the United States,

but I worked for one in San Francisco.

Where are the products manufactured?

- In California, actually.
- [Judge Judy] Where?

Chatsworth, California.

[Judge Judy] Okay. And they have
brick-and-mortar stores

- all over the country?
- Mm-hmm.

[Judge Judy] And they have many products,
but under that one name?

Yeah, they have many products.

Many products, but they're all...?

[Sarah]
Yes. They have multiple products

and multiple locations
all through California,

and it looks like
a bit of Arizona as well.

- How many?
- [Sarah] Upwards of 20 locations.

[Judge Judy] Okay.
And can you tell me, Sarah,

- is it a corporation?
- I'd assume so,

their about page.

How long have you worked
for the company, sir?

That company in that location,
about three years.

Where is the corporate headquarters
for the company?

It's located in San Mateo.

Do you know if the company
was incorporated

in the State of California?

- Yes, I believe it was.
- [Judge Judy] Under that name?

- Mm-hmm.
- Uh-huh is not an answer.

Oh. Yes. Sorry.
My apologies.

[Sarah]
It look like it was

an LLC out of Oregon,

but it is listed as inactive

as of 12/22 of 2020.

[Judge Judy]
There's no company in California?

It just says the jurisdiction
in which the LLC was created

is Oregon, that's as far
as I could tell.

They have a company address
that's listed

in a head office
in Portland, Oregon.

What do you know
about Portland, Oregon?

It's a lot of, lot of, um, hippies.

[Judge Judy]
Lot of hippies.

- What about your company?
- [Eric] Oh.

Do you know anything
about your company?

Yes, um, I think it's probably
another location there, as well.

Do you know anything about the company

that you work for?
Was it incorporated

in the State of Oregon?

No, it was incorporated in California,

and, um, I think Oregon, maybe,
they, maybe, has a franchise?

[Sarah] I can't tell from public records
anything further.

[Judge Judy]
From the State of California?

I tried looking up their headquarter
information, and all I got

was this Cosmetics, LLC, from Oregon.

And while I'm taking this information,
I want you to take a look

and see if there are any court cases.

Let's try the State of California
and the State of Oregon.

- Sure.
- [Judge Judy] And the only thing

that you could find
was the Oregon company under that name

that is no longer active?

[Sarah] It might not be...
they might not be the same company,

but it has the same name listed in Oregon,

so I would assume so,
but there's no information

on their website
about their headquarter information.

Anyway, Ms. Bernardasci,
try to think of the date

that you made these purchases.
What date was it?

It was February the 21st, 2022.

And you were shopping,
you were walking with your dog?

- [Linda] Mm-hmm.
- That a little dog?

- Yes.
- [Judge Judy] What kind of dog?

- A Shih Tzu.
- [Judge Judy] A Shih Tzu?

- My fave.
- Oh, yeah, mine, too.

She's my third one.

You were walking in a mall,
what mall and where?

In Santa Clara, California.

[Judge Judy] That's where
you were working?

- Mm-hmm.
- [Judge Judy] How long

- had you been working there?
- Three years.

Okay, this is what the case is about,
as far as I can tell.

You were walking, was it this gentleman

who was standing outside?

- No, it was not.
- [Judge Judy] It was somebody else?

- It was somebody else.
- [Judge Judy] It was somebody else.

One of the other people
who works at your business?

I was the one
who'd offered her a sample.

- [Judge Judy] Outside?
- No, in the front of the store.

Well, but it's
in the front of the store?

[Eric] I didn't step outside
of the store,

I was in the front of our store,
not outside of it,

but inside the store,
and I handed her a sample.

[Judge Judy]
Just a second.

Sort of inconsistent
with my life's experience

of these things, but let's see.

- Had you gone to his store?
- No.

[Judge Judy] You're walking
through the mall, is it an indoor mall

- or an outdoor mall?
- Indoor.

And when you passed that store,
tell me what happened.

I was en route to a specific store.

A man with a basket was standing
in front of the store.

So, there was a man outside with a basket?

- With a basket, holding...
- [Judge Judy] Where outside?

[Linda]
Right outside of the store.

- And it wasn't this gentleman?
- [Linda] No, it was not.

[Judge Judy] Tell me
what the person looked like,

- who gave you this sample?
- He was, he, I believe

he was Caucasian.
He was shorter than Eric.

I believe he was partially bald,

and I believe he wore glasses,
but I can't be sure.

I would know him if I saw him.

[Judge Judy] Okay.
And, so continue with your story.

You're standing there with a basket
of samples outside the store.

- Okay.
- [Judge Judy] It's totally consistent

with my own personal experience.

[Linda]
Okay. So, he offered me a sample

of a product, and I said,
"No, thank you, I'm not interested."

And he said, "No, please," he said,
"you'll like it."

And I said, "I really, I'm in a hurry,

and I'm not interested
in any of your products."

At that point, Eric walked
a couple of steps out

from the store, and started
showering my dog

and myself with compliments.

Just, like, over the top.

And he said, "Why don't you
come in my store?

I've got a surprise for you.

You are going to love me,"
he said.

- I said...
- [Judge Judy] So he was doing

- his salesman shtick.
- [Linda] Yeah. Yeah.

And from the smile on his face,
it's exactly what he was doing,

- his salesman shtick.
- [chuckles]

- [Linda] Yeah, and pretty much...
- You work on commission.

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

So now, he's showering both you
and your little Shih Tzu

with compliments, and how beautiful
the Shih Tzu is,

and how he's gonna give you things
that are gonna take away this line

and that line,
and this crease, whatever.

And I'm such a sweet and kind person

that, you know,
he's got a surprise for me...

I got it. Okay. Go ahead.
So he got you into the store.

Uh-huh.
At that point, he asked me to have a seat.

And again, I said, really,
I'm not interested,

I want to go.

So then, someone took my dog...

- Where was the dog?
- On a leash in my hand.

And, uh, he says,
"Here, I'll take your dog.

And I said, "No, I'll hold her."

And he said, "No, I'm gonna
take care of her."

And I'm going, "Wait a minute."

And next thing I knew,
Eric was practically on top of me.

This chair was located in a position...

Well, his chair was much higher than mine.

So you were sitting in a chair like mine?

Yeah. Well, a, a chair, just, like a...

- A make-up chair?
- [Linda] Yeah.

Or a hairdresser's chair?

Kind of like a, a make-up chair.

And he was sitting on a chair or a stool?

- [Linda] A stool.
- Stool. Is that right, Eric?

- I'm talking to you.
- Yes, Your Honor.

Okay, that's a yes. Okay.

And your stool was higher
than her chair?

That is incorrect.
We both were sitting on stools.

- [Judge Judy] The same stool?
- [Eric] The same stool.

- [Judge Judy] Was yours higher?
- No. It was the same size.

[Judge Judy]
Okay. Go ahead.

So, at that point, he just started
applying different products

to my, I believe he started
with my hand,

and then, uh, "Look here, let me try
some of this on your face."

And I'm looking around for my dog,

like, what's going on here?

And, 'cause he was very aggressive
and pushy and...

Just tell me what he did,
without trying to editorialize.

- Okay. So, basically, he...
- [Judge Judy] Not basically.

He put on all this goop
on your face, on your hands,

somebody else in the store
was holding your dog

while he was putting this on you.

He didn't force you into the chair,

he aggressively coaxed you
into the chair is what you're telling me

by complimenting you.

I mean, he didn't physically drag you
into the store,

- you walked in by yourself.
- Right.

Okay. He was using his best
aggressive salesman routine.

Not easy to get somebody
in the store, right, Eric?

I mean, it was never easy to get me
in one of those stores,

and I shop with her all the time.

- [Eric chuckles]
- And she's got more lotions and potions

and stuff on her counter
than any other human being I know,

and I've never seen anybody successful
in giving her a free sample

and getting her into the store.

So you must be very good,
'cause we have a few of those stores

right in the neighborhood.

You must be really talented.

- He is.
- [Judge Judy] Just a second,

so before we finish with her,

and since you originally started,
Mr. West, with,

"No, it was me outside",

it wasn't you outside initially,
it was somebody else.

You came out afterwards.
Well, actually, I believe her.

So, I want you to understand

that her description of the person
who initially approached her

was so specific,
and then, the fact that you

came out and joined that person,
because then you became a tag team,

is totally convincing to me.

I want you to understand that.

[Linda] I didn't feel that
I was going to be able to leave the store.

I've been held against my will before
and kidnapped.

And I was literally traumatized
at that point.

When were you held against your will
and kidnapped?

[theme music playing]

[Announcer] Linda Bernardasci claims
salesman, Eric West,

owes her a refund for skin care products
she never wanted.

[Judge Judy]
Do you have family, Eric?

Yes, I do, Your Honor.

[Judge Judy]
Living family?

- Yes, I do.
- [Judge Judy] Okay.

You don't want to make a fool
out of yourself here, right?

- Absolutely not.
- [Judge Judy] Great.

So I want you to understand
that I believe the plaintiff

when she tells me
you weren't the initial person

out there who stopped her
with a free sample.

I was the only one working
that day, Your Honor.

- I don't believe you.
- [Eric] Okay.

Because you couldn't have got her
where you got her to,

which is the story she's gonna finish,

'cause by the time she got out
of the store,

she had $8,000 worth of your products.

[Sarah] Which is also not accredited
by the Better Business Bureau

and has multiple complaints out
against them.

So, just for the record.

No, that's an important record.

- Keep looking.
- [chuckles]

Okay, so, at that point,

I decided I'm going to leave,
and take my dog,

and get out of here.

And I attempted to get up,

and he was sitting higher up
than I was,

and in such close proximity,

that I was unable to fully stand up.

And as he saw me attempting,

he comes back over
with another product.

He was across the store, and...

Well, if he was across the store,
Ms. Bernardasci,

if he was across the store,
then he wasn't hovering over you.

So, what I tried to tell you before is,
I want you to tell me

not what you think is best
for your case,

either he's standing over you
so you couldn't get up,

or he's across the room.

If he's across the room,
'cause he went to get another product,

you could've gotten up and left.

No, actually, he wasn't across the room,

he was just, like, I think it was
at the desk behind...

Whatever, he wasn't right on top of you.

- Uh, no, but...
- [Judy Justice] You don't understand,

I don't believe that you were held
against your will

in the store.

I don't believe that they did that.

I think he was overly aggressive,
and he chose a target.

- Yeah, and I...
- [Judge Judy] Okay.

And at what point did you purchase
all of this product?

Which is the subject of this case,
because you want your money back.

I didn't feel that I was going to
be able to leave the store.

I've been held against my will before
and kidnapped.

And I was literally traumatized
at that point.

When were you held against your will
and kidnapped?

Oh, this was like... 15 years ago, maybe.

Well, I would remember that,
whether it was 15 years ago.

I want you to tell me about that.
That forms part of who you are,

and who the person is
that I have to consider

with regard to whether or not
this was a forced sale,

or just an overly
aggressive salesman.

So I want you to tell me,
was there a police report

of a prior kidnapping?
There was.

- Yes.
- And did they actually find people

- who kidnapped you?
- Yes.

Was there a trial with regard
to those people?

I don't believe so,
because the guy was on parole,

and so he didn't want
to go to trial.

So, he violated his parole,
and he went back to prison?

- [Linda] Yes.
- [Judge Judy] And that was in California?

Yes. But...

[Judge Judy]
So, when you were in the store,

and you said felt as if
you couldn't leave,

you were under pressure,
how many people were in the store?

Uh, well, there was Eric,
and the gentleman that was standing

outside of the store,

and then a woman came
from behind the register,

in the back room.
And he was telling me

how this woman
is a world-renowned,

uh, facial beauty massage,
uh, whatever, expert,

running drag on me, pretty much,
let's just put it that way.

Anyway, uh...

[Judge Judy] Now you're up
from your chair.

I want to know
how the sale came about.

Well, because I didn't feel
that I was going to be able to leave.

[Judy Justice]
Okay, so tell me what happened.

Okay, so, I said, "Look, I don't even
have any money to cover this."

- And I'm looking...
- [Judge Judy] To cover what?

- He asked me for my identification...
- To cover what?

[Linda] To cover the cost
of these beauty products

he wanted to sell me.

[Judge Judy]
Okay, how many were there?

[Linda]
There was four or five

- different... uh...
- [Judge Judy] Creams.

Creams, and then there was a device

that, I don't know what you call 'em,

but it was a device
that he had used on me

while I was sitting in the chair.

And you know, telling me,
"Look in the mirror,

doesn't this, you know, can't you tell
a big difference?"

He even took my phone and took a picture,
a couple pictures of me,

he says, "Lookit," I said,
"I can tell a little bit of a difference,

but it's not worth the money,
and again, I don't even have the money,

so I really need to go."

So, he asked for my driver's license

to register the product,
and then he told me I...

- To register the product?
- [Judge Judy] The product that I bought.

Oh, so you did say
you would buy the device?

- Yeah, uh, I...
- [Judge Judy] Just...

You did say you would buy the device?

And how much was the device?

It was just shy of $8,000.

- I've got the receipts...
- [Judge Judy] I'd like to see it.

Do you have it with you?

- Oh, the device?
- [Judge Judy] Yeah.

No, I wish
I would've brought it with me,

but I didn't, hasn't been opened.

I still have it.
I haven't touched it.

You wanted to see the receipts?

- [Judge Judy] Yes.
- Okay. They're right here.

[Judge Judy] By the way, what time of day
did you go to the store?

[Linda] This was approximately 6:30,
'cause it was near closing time.

Oh, here's, here's the rest of them,
I'm sorry.

[Linda] Yeah, I was going
specifically for one lipstick,

that was, that was all
I was at the mall for.

And it was almost closing there.

- Sarah Rose?
- [Sarah] Yeah?

Take a look under that name.

[Sarah] I didn't find the device
on their website.

- I already looked if that's what...
- You looked at this?



I just found six products that are creams

for face and body on the website.

I'd like to see
what this 3D ultrasound is,

this $8,000 piece of equipment
that you sold her.

You have a picture of it?

Okay. Could you get that for me?

He's gonna give it to Sarah.
Sarah's gonna look up this nonsense.

Thank you.

[Bailiff] Some more receipts.

[Judge Judy] So, what I see that you did
was spread some of this

around different credit cards.

- Yes.
- [Judge Judy] And you want to tell me,

how did that happen?

Well, I said, these
aren't even my credit cards.

My roommate's.

And he says, "Well, you could put half
on your roommate's credit card,"

and I says,
"No, I am not gonna do that."

And, uh, he says,
"Yeah, make him pay for it."

And I'm looking at this guy,
like, what's going on...

What are you doing
with your roommate's credit cards?

Because he's an older gentleman.
I've got the power of attorney,

and I shop for him.
He's not able to do all that.

Is he a roommate,
or are you a caregiver?

Uh, he's a roommate.
We've lived together for 30 years.

- Anyway, just as...
- He hasn't been old and sick

for 30 years.

- Well, he's kind of...
- [Judge Judy] [chuckles] He may be old

and sick now, but he wasn't
old and sick for 30 years.

Oh, well, no, I mean, we were...

Do you live together as a couple
for 30 years?

Do you live together
as an almost couple?

No. He's like my father, almost.

We each have our separate rooms,

and I pretty much take care of his house
and cook for him,

and he doesn't go many places,

he's pretty much a recluse.

He doesn't like to go to the store.

And, uh, so I do all the grocery shopping
and everything.

Okay.

Who hired you?

It wasn't a hire.

I was in business with him.

Okay, well, it's getting more interesting.

Who leases the store where you are...

Don't look up in the air.

It...it's gonna get only worse.

[theme music playing]

[Announcer]
Linda Bernardasci

is accusing salesman, Eric West,
of holding her against her will,

and selling her
an unwanted skin care wand.

Do we have a picture of that thing?

"Rejuven..."

it's... it's...

- Yeah, I have it.
- What?

I have it.
It looks like this.

And it's got this on one side,

and then, I don't know
what this is trying to show you.

"Ultrasound face and body... slimming."

- [Sarah] Yeah.
- [Judge Judy] She doesn't look like

she needs slimming.

She asked for something
that would tighten her skin,

as she said that in her younger years,

she had a lot of issues
with drug abuse,

when we had our conversations,

and she's asking for something
that can actually help her

look more youthful,
and help her skin tighten.

And this is something that she discussed
with me when we were sitting

- at the table.
- What's your educational experience?

- High school, college.
- [Judge Judy] Where?

I went to, like, a couple
film and television schools.

I asked you what college you went to.

Oh. Um... Olympic College.
In Washington State.

- And was that a four-year program?
- [Eric] Two-year.

- [Judge Judy] Two-year?
- Mm-hmm.

[Judge Judy] Is that
a brick-and-mortar college,

- or is that an online college?
- It's brick-and-mortar.

And what did you study there?

- [Eric] Just the basics.
- What basics?

G... Gen eds, you know,
your associates, your gen eds.

And it had nothing to do
with my sales and skin care,

but my sales and skin care...

I... I actually deal
with every client fairly.

- And I pride myself...
- Don't tell me

that you deal with every client fairly.

She wanted her money back the next day.

[Eric] She didn't want her money back
the next day.

She didn't even come back the next day.

[Judge Judy]
When did she come back?

It was, like, a week or two later.
She came back to the store

and wanted a refund, and I said,

- "Well, you...
- [Judge Judy] No, no, just a second.

She came into the store
on February 21st, 2022.

- Mm-hmm.
- You get home with all these products.

You spread it around.

Let's say this is aggressive salesmanship.

Now, you're home.

You had a previous experience
with being taken against your will,

and held against your will,
according to what you told me.

- Yes.
- [Judge Judy] So you know,

that when that happens,
the police get involved.

You didn't go to the police.

- No, not...
- [Judge Judy] When you left...

to say, you know,
"I was held against my will,"

you took the products,
and you took the products home.

- Right?
- Well, I didn't go directly home,

I went to my friend's house,
she lives two blocks from there.

I was so traumatized,
I couldn't drive.

And I was beside myself.

[Judge Judy]
Okay. That was February 21st.

- [Linda] Yes.
- So, what did you do

- next with regard to Mr. West?
- Okay.

So, by that time
it was about 9:00 at night,

ten, when I got home.

And, uh, I thought,
well, I'll call tomorrow

to tell him I want a refund.

Actually, I called him
and told him that, and he says

"Well, you're supposed to be
down here..."

[Judge Judy] When the next...
when did you call him

and tell him
you wanted a refund?

It was, uh, the next day.

When he called me.
I'm sorry, he called me the next day.

And says, "Where are you?"

And I says, "I'm at home."

And he says, "Well, how come
you're not here

for your free 12 facials
that I offered you?"

And I says, "I don't want anything
from you,"

and I didn't ask for anything from him.

[Judge Judy] So he called you
to come in for a free facial?

- Yes.
- [Judge Judy] And?

And, and I says, "I don't plan
on coming in for any of the facials,

much less 12 of them.

What I'd like to come in for
is a refund on these products

that I don't need, and I felt pressured

into buying yesterday, and I can't,

- you know, I don't want them."
- Okay.

You say that didn't happen for a week?

Your Honor, she had a contract with us
for six months worth of treatments,

hydrafacials that she,
that we included in her purchase,

- that she signed. And...
- I'd like to see what she signed.

It's actually on my phone,
I didn't print out a, a copy, because...

- uh, because...
- [Judge Judy] Why not?

'Cause I was rushing this morning
and I was...

You were rushing this morning, you knew
you were coming to court for days.

What do you mean,
you didn't print out a contract?

Do you have a copy of a contract
that you signed?

- Yes, I do.
- [Judge Judy] Fine.

- I'll take a look at your...
- I also have a police re...

- [Linda] Do you want to see the police...
- I'd like to see a police report,

and I'd like see a copy
of the contract you signed.

Okay. And here's some fictitious
businesses that he's got as well.

[Judge Judy]
I can't hear, just hand me the stuff.

Okay, this is the police report,
I want to see the contract,

I'll read the police report
while you're looking for it.

Here's the contract.

[Judge Judy]
Skin care, is that your company?

- Is that the product you're referring to?
- Yes.

Those are the medical devices
that we actually retail in the store.

And we demonstrate them on the clients.

And then typically, clients,
when they see a difference,

they're, like, [gasps] "wow!"

I, listen, you're not selling me, sir.
You know, stop making...

This is not a sales pitch to me.

What's your commission
when you sell an $8,000 light

to make your skin nice?
What's your commission?

Twenty percent.

[Judge Judy]
So yours personally is 20 percent?

- How much do they buy them for?
- I'm not sure.

[Judge Judy]
What do you think?

- [Eric] I have no...
- What do you think?

Take a good guess, you've been working
for them for three years.

[Eric] I don't know,
and I think that you'd have to factor in,

like, the rent for the establishment,
and all of those things,

so I don't really know
what the profit margin would be.

Your Honor, on their website, they say
that each individually-owned

brick-and-mortar store
is not affiliated with them,

- that they run their own store.
- So it's franchises?

It's a... it's sort of
a franchise-sque situation.

[Judge Judy]
Who owns your store?

Or is it a franchise?

- It's a franchise?
- No, d-d, it's not a question.

Sounds like you were asking me
a question.

Is it a company-owned store,
or is it a franchise?

There's a company
that owns the store.

- [Judge Judy] But it's a franchise.
- Yes, I believe so.

I'm not familiar with the legalities
of the location,

- and all the business agreements that...
- Who hired you?

Um... it wasn't a hire.
I was, I was in business with him.

Okay, well, it's getting
more interesting.

Okay. So it wasn't a hire,

you're in business with a man
whose name is what?

- Um...
- Don't think about it.

- [Eric] I don't...
- If you're in business with somebody...

- Yeah.
- [Judge Judy] You're a smart boy.

[Eric] I don't know how to pronounce
his last name.

[Judge Judy]
You went to a two-year college.

What's the name
of your business partner?

Um, I'm not, I don't know
how to pronounce the last name.

[Judge Judy]
What?

I don't know how
to pronounce the last name.

- [Judge Judy] Spell it.
- I don't actually know

- how to spell it.
- Mm-hmm.

- I'm sorry.
- And who leases the store

where you... don't look up in the air.

Y... It, it's gonna get only worse.

[Announcer]
To be continued...

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