03x118 - Singer Battles Ranch Host

[bunniefuu]

Your contract said you would
perform for three hours. You left.

After being threatened by him
and several of his drunk friends,

yeah, we didn't wanna play after that.

He's having a huge party,
you didn't perform.

I rolled up to about ten people,
five of them were toddlers.

There was nobody there.

I don't care if there were two toads
and a lizard on the ranch.

- [announcer] This is Judy Justice.
- [theme music]

[announcer] Singer Sophia Rollando
is suing her former client, Ryan Birdwell,

for breach of contract,
car damages, and towing charges.

[Kevin]
Court come to order. All rise.

[Judy]
Have a seat, please.

Judge, case 3176,
Rollando versus Birdwell.

- Thank you.
- You're welcome.

Mr. Birdwell, I'm gonna start with you,
sir. Your case is relatively simple.

The plaintiff says she was hired

to perform at a function that you were
putting on and that you didn't pay her.

And the agreed price was $3,000.
That's your claim?

- That's your claim?
- Yes.

What do you hesitate for?

I hesitate because the price...
of the event was $1,500,

but I'm also suing for damages
and the tow truck

that accrued moments after the incident.

- Were you born here in California?
- I was born in Wisconsin.

[Judy]
How long have you lived in California?

- Almost my whole life of 25 years.
- Well. Accounts of some of your nonsense.

[courtroom laughs]

[Judy] What kind of function was this,
sir, and where was it being held?

It was being held in... Boulevard,
California, and the function was...

it's an annual spring party we do up at a
ranch we have called the Shreddy Ranch,

- and we hired her to perform.
- [Judy] Ssh. Don't... no.

- Sorry. Sorry about that.
- [Judy] Don't get ahead of yourself.

[Judy]
I asked you what kind of function it was.

- [Ryan] It was a spring get-together.
- [Judy] An annual function.

[Judy]
And what was the date of the function?

I believe April 12th.
I don't know. I'm not clear on the dates.

Well, find out.
That's what you're supposed to know.

- You're a party to this action.
- April 15th.

- [Judy] Of 2023?
- Yes, ma'am.

[Judy] How many people
were you having at the event?

- [Ryan] About 150 people.
- [Judy] What time did the event start?

The event was... it's a three-day event,
starts on Friday to Sunday.

[Judy] And what day
was the 15th of April?

- [Ryan] Saturday.
- [Judy] Saturday night?

- [Ryan] Mhm.
- [Judy] So right in the middle?

Do you serve food?

- Yes, we have it catered on Saturday.
- [Judy] When you say we, who's we?

- Well, me. I had the party catered.
- [Judy] Okay.

- Who was the host of this party?
- I am.

- [Judy] You are. You paid for it?
- Yes.

- Okay. And you do this every year?
- [Ryan] Every year.

We actually just got done with our
third annual party this last weekend.

[Judy] I have enough from you.
Now, Ms. Rollando?

- Yes, Your Honor.
-[Judy] According to your complaint,

the defendant saw you perform
sometime in March?

Yes. March 18th, 2023
at The Ritz-Carlton, Laguna Niguel.

- [Judy] And you're a singer?
- Yes, Your Honor.

[Judy] And I want you to tell me
the exact conversation

that you had with the defendant,
because he came up to you after you sang,

and he approached you
about performing a month later...

- Yes.
- [Judy] ...at his event.

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

exactly what he said to you
and exactly what you said to him.

Over text or the in-person conversation?

- When...
- Well, he didn't speak to you in text

the first time he spoke to you.

- He spoke... came back to see you.
- [Sophia] Um...

Okay. My recollection
is that he came up to me

and told me that it was going to be
his wife's 40th birthday party.

[Judy] Shh. Just a sec.
Did he say, "I like your singing"?

- [Sophia] Well, yes. He came...
- Well, I want you to tell me

- exactly what he said to you.
- [Sophia] Okay.

Alright. He said,
"I loved your performance.

I'm throwing a big birthday bash
from the 14th, 15th, and 16th of April.

I would love to have you come on the 15th.

It's gonna be the biggest day
with hundreds people,

famous people, drones, and cameras,
and you're so good.

That's the day
that I would like you there."

Great. So you understood
that it was a big event.

- I did understand that.
- [Judy] Great. And you said, "Fine."

He must have said,
"How much do you charge?"

Actually, there was a little bit
of discussion in between that time,

because on the 15th,

I was already scheduled to play a festival
with my band on April 15th, 2023

at Kushstock Festival
in Adelanto, California.

That's very far from where Mr. Birdwell
lives. And so I told him, before we...

I have text evidence,
before we ever signed any contract,

I told him, "I will not be there.
I'm coming late.

I'm probably leaving
this festival by 5 o'clock.

I will be there before 10:00
and you will get your three hours...

[Judy]
I would like to see that in the text.

[Sophia]
Yes, ma'am.

[Judy]
Because this is what the case is about.

- I have those text messages.
- [Judy] Hush! The party started at 7:00?

- Yeah. She was to perform at 7:00.
- [Judy] Shh. The party started at 7:00.

He says you were supposed
to be there from 7:00 to 10:00.

When you got there, and that's a matter
of dispute, it was well past 7:00.

Another act was performing,

an act that Mr. Birdwell had commissioned
to perform from 10:00 to 1:00,

so there would be
continuous entertainment.

When you got there,
you found another act performing.

And Mr. Birdwell said, well,
you could perform from... stop playing,

because you're not listening to be
if you're playing.

- I'm sorry.
- [Judy] You gotta pay attention.

- Yes.
- [Judy] Mr. Birdwell said,

"Well, I already have this other act,
because you weren't here.

You can perform from 10:00 to 1:00
and you said no. And you left.

- That's the case, right? That's the case?
- [Sophia] Yes. Yes, that's the case.

[Judy]
So far, you're not losing.

If you're not losing,
I'd keep my mouth shut, so far.

- Yes, Your Honor.
- [Judy] That's the case.

Okay. Now, I would like to see...
first a contract.

- [Sophia] Yes.
- Do we have one?

- [Ryan] I have one, Your Honor.
- May I see it, please?

- And in the contract, she never...
- [Judy] Shh.

...signed the contract.

- Shh. You see? You always add something.
- [Ryan] Sorry.

You always add something.
Okay. So you contracted for $1,500.

- Yes, Your Honor.
- [Judy] That is correct.

And this is, description: "Three hours."

- [Sophia] Yes. And I did...
- Shh.

Okay. And he sent this to you
on March 21st.

- Yes.
- [thuds] He sent it to you on March 21st.

- Um...
- [Judy] You...

Well, it's dated March 21st,
you didn't sign it.

- Okay.
- [theme music]

You're the professional. What did you
expect to happen with 150 people there

and the entertainment wasn't there?

What did you expect to happen,
Ms. Professional?

Be very careful what you say to me.

[theme music]

[announcer] Singer Sophia Rollando,
claims her former client, Ryan Birdwell,

breached their performance contract

after Ryan and his friends threatened her
during his party.

- Now, you didn't sign it.
- [Sophia] I did sign it.

I'm not sure why
he received an unsigned copy.

- [Judy] Fine. May I see your signed copy?
- [Sophia] Yes, you may.

Oh, thank you.

[Judy] Well, now I have
a signed copy with signatures on it.

- [Sophia] Yes.
- [Judy] And this says three hours.

Doesn't specify the time.

- Yes.
- [Judy] Is that right?

- That was purposeful. Yes.
- [Judy] Shh.

- [Judy] That was purposeful?
- Yes.

[Judy] Okay. So you were commissioned
to sing for three hours,

according to you, unspecified hours. Just
a second. That's what you're telling me?

- Yes.
- [Judy] Great.

Now, I'll see the text messages
back and forth where you discuss time.

- Okay.
- [Judy] Not okay.

First text message,
second text message with the dates.

- Yes. So the...
- Oh, don't say anything I can read.

- [Sophia] Okay.
- [courtroom laughs]

[Judy] He says, on March 19th,
"we would love to have you there

to start playing at 7:00 PM
on Saturday 04/15."

And that's the last thing
that this says here.

- Okay.
- [Sophia] There's more.

That's March 19th. Next.

And the next one that you hand me
is April 15th.

- Oh.
- [Judy] So between March 19th,

you signed the contract for three hours

and the next communication
that I have is April 13th.

"Excited for this weekend. Can't believe
it's already here. Going to be awesome.

Hey, Ryan, I just wanna make sure there
is any dress code and my pianist know."

"Wear whatever you want, people are gonna
be wearing whatever is on the ranch."

"Super-fun. I'm coming from
a weekend festival I'm playing too,

so I'll be wearing
what I'll be playing there."

Then I have the Saturday, April 15th
at 10:12 in the morning.

"Hey, can you send me your address?
Send that as soon as you can. Thanks.

Oh, I actually got it. Sorry."

"All good. See you soon
and we'll hang out."

"We hope to be there
for the downbeat 7:00,

but we're pretty far away at this fest,

but we're about to play
and we'll be out of here by 4:00."

That's what you say to him
and you say that to him on April 15th.

That's the first time,

- unless you have early...
- I actually...

- I gave you the wrong page.
- [Judy] Well... I'm just reading this.

- I'm so sorry.
- [Judy] I'm just reading this.

You say, "We hope to be there
for downbeat at 7:00."

Which is when you were supposed
to be there. So let's make that clear.

Let's make that clear. You knew you were
supposed to be there

- No.
- [Judy] ...at 7:00...

- I'm sorry.
- [Judy] because you say,

"We hope to be there for..."
You mean you didn't write this,

- "We hope"?
- [Sophia] I'm sorry.

- I did write that, but...
- Hey. [thuds]

Pay attention.

- [Sophia] Yes, Your Honor.
- You wrote...

- [Sophia] Yes, Your Honor.
- ...on the day of the event,

"We hope to be there
for the downbeat at 7:00,

but we're pretty far away from you
at this fest we're about to play,

but we'll be out of here by 4:00.
We're def gonna be there later than 7:00,

but you'll have your three hours
either way and we'll keep you updated."


on the 17th, I'm not interested.

You have things
that you want me to read...

- [Sophia] Yes, I do.
- ...before this.

- Okay.
- [Sophia] Yes. Yes, I do.

But on the date of the event,
two days before the event, you say,

"We'll def be there at 7:00."

- Now let me see the other thing...
- [Sophia] I didn't say that two days...

Don't speak. Just give it to me. Nonsense.

I don't want to see anything
that happened before March 21st.

But that's kind of
the most important part for me,

because I told him
before we ever sign the contract,

"I will not be there by 7:00 PM."

- I told him...
- Just a second. Just... hey. [thuds]

You're supposed to be a professional.
He's having a huge party.

- [Sophia] That's why I offered him...
- [Judy] Don't...

- ...a different date.
- [Judy] Don't speak.

- I'm sorry.
- [Judy] Don't speak.

You're suing him. You didn't perform.

- This is...
- [Judy] You're suing him.

You didn't perform. You're a professional.

He's have 150 people there
and you said, "We're gonna be late.

We're leaving at 4:00,
but we're def gonna be there after 7:00."

Now, you're the professional. What did you
expect to happen with 150 people there

and the entertainment wasn't there?

What did you expect to happen,
Ms. Professional?

- Your Honor...
- No, I'm asking you a question.

Did you expect them
to just go on with the party?

- First of all, I expected...
- [Judy] Just a sec.

That's what you expected.

I expected the party that I was promised.
I rolled up to about ten people.

Five of them were toddlers.
There were no cameras, no drones.

There were... there was nobody there.

- I am a professional.
- [Judy] Just a second.

Was there another group playing
when you arrived?

- You swore to that in the...
- Yes. And when I arrived...

[Judy] Just a sec. You arrived,
there was another group playing.

- Yes.
- [Judy] Is that correct?

- Yes. Which he...
- [Judy shouts wordlessly]

There was another group playing.

I don't care if there were two toads
and a lizard on the ranch.

[courtroom laughs]

[Judy] There was another group playing
for the two toads, and a lizard,

and the defendant and his wife.
There was another group playing.

- Yes.
- What time did you get yourself there?

Be very, very careful.
There's a way to track it.

What time did you get yourself there?

- I was in...
- That's a time...

- [Sophia] Okay. 8:40... 8:40 PM.
- ... that I was [babbles]

- What?
- 8:00... between 8:30 and 8:40 PM.

[Judy] Okay. So between


- [Sophia] That's because I...
- [makes sound] Don't speak.

- That's not 8:15.
- I have something important to say.

- [Judy] That's not 7:15.
- Yes.

- [Judy] That's...
- I'm aware of that.

- Okay.
- [Sophia] I promised him

I would not be there by 7:00
before we ever signed a contract,

which is why I offered him 04/14
because I was completely free that day.

I told him in text March 20th...

- You think you're the only singer...
- March 20th...

You think you're
the only singer in California?

- [Sophia] No.
- Just a second.

You think, madam... I mean, I don't know
where the headspace is here.

They raised a bunch of babies here.

And maybe if you're in the entertainment
business, you're a double baby.

[theme music]

Madam, you do not appear
to be a shrinking violet to me.

Most people are intimidated by me.

You are not, which suggests to me
that you weren't intimidated...

- I was.
- ...by somebody...

Well, then maybe a little therapy
will help. You signed a contract.

Three hours. You didn't perform.

He gave you the opportunity
to perform from 10:00 to 1:00.

[announcer] Singer Sophia Rollando, has
accused her former client, Ryan Birdwell,

of breaching their contract

after he threatened her
for refusing to sing at a later time.

Somebody hires you for a function.
You say, "I'm totally free on the..."

- I told him I was busy that day.
- [Judy] Hey, don't speak.

"I'm totally free on the 14th."
Well, he didn't want you for the 14th.

He wanted you in the 15th.

A professional would say,
"I'm far away on the 15th." I'm...

- [Sophia] I did tell him that.
- Hey, don't speak.

"I'm far away on the 15th.
I don't think I can do the 15th."

Exactly what I said to him.

[Judy] "I don't think I can do the 15th,
so maybe we'll do it next year.

Maybe we'll do it in another time."
I have one other question.

When you arrived at a quarter of 9:00
and you saw the other group singing

because from what I gathered...
put your paper down. From what I gather,

the group that was supposed to
perform at 10:00 was there early.

- Yes, Your Honor.
- [Sophia hums]

[Judy] Because you had booked
from 7:00 to 10:00

- and then someone after...
- [Ryan] Mhm.

[Judy] ...so there'd be
continuous entertainment.

Exactly.

Now when you arrived there,
be very careful with your answer,

did the defendant say
you can play from 10:00 to 1:00?

Be very careful with your answer.
Did the defendant say...

- He actually had no idea...
- [Judy] Just...

- ...who I was and said...
- [Judy] Just...

..."I thought you canceled."
That's what he said.

He said, "I thought you canceled."
That's what he said.

[Judy]
I want you to answer my question.

Did the defendant say to you you can sing
with your band from 10:00 to 1:00?

Be very careful what you say to me.

Did he say you can perform
from 10:00 to 1:00?

That's either a yes or a no.

Your silence, I would assume
that he offered you 10:00 to 1:00.

- Yes. After many threats.
- [Judy] Just...

- Yes, he offered that.
- Just a second.

He offered you...

- What's wrong with you?
- Sorry.

- [Judy] What is wrong with you?
- I have a text received.

Are you... is this...
is this your wife who turned 40?

[Ryan] Yeah. Sorry.
I have a text I received...

- My sympathies.
- [Ryan] She admitted

that I asked her to play.

- [Ryan] Sorry, Your Honor.
- I know that you did.

- [Judy] Just a sec...
- I haven't been able to say...

- [Judy] Just a second.
- ...one thing of importance.

- [Judy] Just a second.
- [laughs]

- [Judy] Sir.
- Sorry.

- Is he always like this?
- Yes. [laughs]

[Judy]
Is he always like this?

Okay. You must have
other attributes that I don't see.

[courtroom laughs]

[Judy] Do you understand? Your contract
said you would perform for three hours.

If he wants you
to perform from 10:00 to 1:00,

you perform from 10:00 to 1:00. You left.

After being threatened by him
and several of his drunk friends

and they were belligerent
and threatening us like this,

every time I said the word "contract",

he got even more pissed off
and threatening us,

yeah, we didn't wanna play after that.

We also had work in the morning and he
knew I wouldn't arrive until after 8:00.

We had a phone call
before I ever signed this contract

because I am a professional and I knew
I would never make it at 7:00 PM.

I told him before the phone call,
"I will come and play before 10:00 PM."

Me arriving there
and having to wait an hour and a half

- is him breaching our contract.
- [Judy] Do you think so?

- Yes, I know so.
- No. You don't know so, madam.

You don't know. So your contract is very,
very clear. You can't have it both ways.

You can't use... and I'm gonna tell you
it's a nuanced part of contract.

This is your contract.
You gave me the signed contract.

Any parole evidence outside, parole, not
written in the same form as this contract,

which is signed on both sides,
is inadmissible when it's a contract.

This contract said
you will sing for three hours.

You didn't sing for three hours.

- I felt very threatened, so I left.
- [Judy] Well, that's too bad.

I'm sorry. That's why I'm talking
about people raised in California.

- They feel threatened. This is my space.
- [Sophia] Yeah. He was... he was...

- [Judy] This is your...
- ...a drunk. No.

- He was a drunk.
- [Judy] This is my space.

This is your space.
[indistinct] into my space.

He was a drunk
and his friends were drunk as well.

You're interfering with my...
with my personal space.

- You signed the contract.
- They were drunk and belligerent.

- [Judy] Listen. You...
- And hovering over us.

You... madam, you do not appear
to be a shrinking violet to me.

Most people are intimidated by me.

You are not, which suggests to me
that you weren't intimidated...

- [Sophia] I was.
- ...by somebody... well,

then maybe a little therapy will help.
You signed the contract.

Three hours. You didn't perform.

He gave you the opportunity
to perform from 10:00 to 1:00.

- Your case is dismissed. Grow up.
- [Kevin] This court is adjourned.

[theme music]

- I feel that he breached the contract.
- I fully agree with the judge's decision.

Because he hired another band
two days before I got there.

I knew right away that that lady
was... out of her mind.

The contract was that upon arriving,
I was going to start performing,

not wait an hour and a half
after I drove five hours

and came on this day
when I told him I had another day free.

She never performed once.
We gave her every opportunity to perform.

But I told him I was coming from, like,
basically across the state.

And honestly, I really wanted my... chance

to even go further in the depth
into how crazy that lady really is.

Him and three of his friends
who approached me

upon immediately being up there,
all drunk and big and huffing and puffing,

and cussing at me every time
I said the word "contract".

No, I did not witness that.

He was talking to her and he was confused
because she was so late.

He was like, "Where... who are you?
Where did you come from?"

He had thought at that point
she wasn't even gonna show up.

It would be too soon if I ever had
to see Ryan Birdwell again.

So then when we realized who she was,

he said, "Go ahead and play.
Play when they're done."

And then she didn't like that answer
and stormed out of there after that.

You know,
I got a little shiver down my back

when you talked about the parole evidence
rule. I spent a lot of time on that.

- [laughs]
- [Sarah] In contracts.

But it's for a reason. It's so that when
you have four corners of the contract

that's signed by both parties,

that's either specific or nonspecific
to certain parameters,

you can't just bring in extrinsic evidence

to fill in what you want the contract
to have said in the first place.

So it's a good rule,
one that I spent a lot of time learning,

- and one that finally was useful today.
- Contract said simply three hours...

- Mhm.
- [Judy] ... $1,500.

- Mhm.
- There's no question

that the text messages reveal
that she was supposed to be there

- at 7 o'clock.
- Mhm.

She may have been a little late
'cause she's coming from...

- Yeah.
- [Judy] ...another gig.

But she expected when she got to the gig

- to go on right away.
- [Sarah] Yeah.

Well, another act
had been filling in for them.

- [Sarah] Mhm.
- That act was supposed to start...

- Yeah.
- [Judy] ...at 10 o'clock,

which means that if she
went to work when she arrived,

that means that he wouldn't have
had music until the end of the party.

- Yeah. What you get for showing up late.
- Yeah.

You got a good end of the deal.

- You could've held up the contract...
- [Judy] Yeah.

...and could've performed
and you chose not to.

You don't get to sue them for that.

Do you know what the cause is
for that kind of thinking?

- [hums]
- It's the everybody-gets-a-trophy...

- Mhm.
- ...mentality.

- [Sarah] Yeah.
- That somehow, generationally,

has come about... when I was
growing up, if you came in first,

you got first prize. You got a trophy.
Maybe even they had a second place.

Then you have one for third place,
one for most congenial,

one for the best pair of socks,

- one for the most gracious outfit.
- Mhm.

[Judy] So, everybody gets a trophy.
And the everybody-gets-a-trophy mentality

- produces that kind of thinking.
- [Sarah] Yeah.

Her thinking. When I get there,
I am the head soprano at the Met.

- [Sarah] Mhm.
- You can't replace me.

- [Sarah] Mhm.
- I'm the only singer in California

and I'm here.

- Get the other group off the stage.
- [Sarah] Yeah.

My group is here.

- And now that's my space.
- Mhm.

- That's everybody-gets-a-trophy.
- Yeah.

And if we continue to do
everybody-gets-a-trophy,

- the next generation's gonna be worse.
- [Sarah] Yeah.

[announcer] Want justice?


[theme music]