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00:00It got to be nasty between two sisters.
00:04They just started screaming at each other.
00:07And?
00:07I heard my aunt.
00:08She was going to send her dogs on her cats
00:10so that they could kill them.
00:12I didn't see anything because I was in my room
00:14trying to avoid it.
00:18Sounds like a wholly uncivilized way to live.
00:22This is Judy Justice.
00:30Leticia Nichols is suing her sister, Lillia Rubio,
00:45for the destruction of her property
00:46and the return of rent.
00:50All rise.
00:54Be seated, please.
00:57Hello, Judge.
00:58We have case number 10-0-4.
00:59We're Nichols vs. Rubio.
01:01Thank you, Kevin.
01:03Ms. Nichols, I read your complaint.
01:05This is your sister.
01:06Yes, it is.
01:06And there came a time when you and your family
01:09moved in with your sister.
01:11Mm-hmm.
01:12Can you tell me when that was?
01:14That was in October.
01:15Of what year?
01:16Of 2020.
01:17And how many were there in your family?
01:19There were seven of us.
01:20You, your husband, and children?
01:22Mm-hmm.
01:23Where had you been living prior to moving in with your sister?
01:26We lived in our own home in Barstow.
01:27Is it a home that you rented or owned?
01:29We rented.
01:31Okay.
01:31So tell me, what was the reason that you and your family moved in with your sister?
01:36You're going to give it to me from your perspective, I know.
01:39But tell me your perspective on why your sister welcomed you and five children into her house.
01:45We were asked to move in or she was going to lose her house.
01:49She could not afford it on her own since she was about to go through divorce.
01:53She came to us and she asked us to move in.
01:56She said her income was only $1,400.
01:58Her mortgage was $1,900.
02:00And she wouldn't be able to keep the house.
02:03Okay.
02:04Ms. Rubio, is that your understanding of the reason that your sister and her family moved
02:10in with you in October?
02:11Yes, it is.
02:12How large is your home?
02:14It's a five-bedroom, three baths.
02:16It has two masters.
02:18Who in your family was living there?
02:19Myself and my two children.
02:21And I assume your sister is correct when she said at the time, around October, you were
02:25going through a divorce.
02:27Correct.
02:28And prior to that, your husband lived with you.
02:31He was employed?
02:32Correct.
02:33Are you still in that house?
02:34Yes, ma'am.
02:35And it's a house that you own?
02:37Yes, ma'am.
02:38It is your claim, Ms. Nichols, that at some point your sister evicted you from the house.
02:44She harassed us.
02:45You say she harassed you, but your claim is that she really evicted you from the house and
02:50as a result of that eviction, you suffered certain losses.
02:53You about to go to a hotel, your children were separated, those are all things that flow
02:59from that.
02:59She did not bring eviction proceedings against you.
03:02Correct.
03:03Okay.
03:04You lived there in October, paid rent.
03:07What was your rent?
03:08It was $1,500.
03:09And are you employed?
03:10I received disability.
03:12I'm about to be cut off.
03:13I had some surgeries and going to be going back to work.
03:17Okay.
03:17And I also received my children and have survivor benefits from their father.
03:21Who is this?
03:22It's my son.
03:22Where is your husband?
03:24My husband's at work.
03:25Are any of the five children the children of your current husband?
03:29I don't have any children with him, but his daughter was residing in the home.
03:33Okay, so you have four children.
03:35Me?
03:35Oh, I have four children.
03:36You have four children with your now deceased husband.
03:40Yes.
03:41Got that?
03:41Yep.
03:42Okay, and they received survivor benefits.
03:44And how much did each child receive from survivor benefits?
03:46$800.
03:47$800 a month.
03:48Mm-hmm.
03:49So there was a period of time you were receiving $3,200 a month.
03:53Correct.
03:53Survivor benefits.
03:55And you were receiving disability?
03:56Mm-hmm.
03:57How much did you receive?
03:58$1,032 currently.
04:00And your husband was working?
04:02Correct.
04:02This is what I gather from your complaint is the gravamen of your case for eviction.
04:10There came a time sometime in December of 2020, because you lived there, paid rent in October.
04:16Mm-hmm.
04:16I assume, if I asked you the same question, you lived with your sister and paid rent in November.
04:21Correct.
04:21An incident occurred in December between your sister and your husband.
04:26First, between me and her.
04:29About what?
04:30When I moved in, I wasn't told that her income was going to be $1,400 a month.
04:34And then I see that she's breeding dogs on the side.
04:37It's a side hustle, making thousands of dollars.
04:39So I questioned this.
04:41Why am I paying $1,500 of your mortgage and you're only paying $400 when you just made all this money?
04:47And so it became an attack.
04:48You're just jealous and insecure, looking to see what I have.
04:52And it just escalated from there.
04:54There was tension in the home.
04:56I paid her the money regardless.
04:58Well, Ms. Nichols, my question to you is, you had an arrangement with your sister that you were going to pay $1,500 a month.
05:08Based on the $1,400 that I knew was her income.
05:11I don't care what you knew, you had an agreement with her to pay $1,500 a month.
05:16And if she hit the lottery and got a million dollars, you're still obligated to pay $1,500 a month for yourself, your husband, and five children, four of your own and one of his.
05:29That's your obligation.
05:30And I did.
05:31So if she's making money because she's breeding puppies and selling them, that had nothing to do with you.
05:38I mean, you said that it began with the two of you over money.
05:40But I'm just letting you know that that's not a sympathetic argument because it wouldn't be a sympathetic argument if you were getting $1,045 in disability.
05:51And then you went back to work and you were earning $3,000 a month.
05:56And she said, well, now that you're earning $3,000 a month, you have to pay me $2,000 a month for rent.
06:02You had an agreement.
06:04And the agreement was the $1,500.
06:05And I understand that.
06:06It was just meant to be a conversation.
06:08I mean, it was my understanding that the difficulty arose with your husband and the defendant.
06:14And it was you who indicated, you know, between the two of us, we had a problem first.
06:18I think we were getting a little bit ahead of ourselves because there were some incidents that happened that same day, earlier that day.
06:24What day?
06:24That led up December 8th.
06:26Were you at home?
06:27Me and my children were home and they witnessed it.
06:29I was out that morning to go get everybody in the home breakfast.
06:32So you didn't witness any incident?
06:34With my belongings, with my things.
06:36Well, is that what started this?
06:38Yes.
06:39Okay.
06:39Did you witness it?
06:40I have text messages of her.
06:42I didn't witness with my eyes, but I have the threats and the follow-through.
06:45Do you have a witness?
06:47Yes.
06:48Is that your son?
06:49Yes.
06:50Okay.
06:50Tell me his first name.
06:51Vincent.
06:52Vincent, would you step up, please?
06:59Vincent, you were home on December 8th?
07:01Yes.
07:02About what time did you witness an incident that you felt was disturbing?
07:07I don't remember what exact time, but it was early in the morning.
07:11Okay.
07:11Where was your mother?
07:12She was out getting food for everyone.
07:14Okay.
07:14And tell me what you witnessed.
07:16I was going to go to my mom's room, but then I saw all of, like, our Christmas stuff just shoved in front of her door.
07:21And that was on December 8th?
07:23Yes.
07:23So, when you say Christmas stuff, tell me what you're talking about.
07:27Like, decorations to put outside or, like, around the house?
07:31Okay.
07:31And it was put in front of your mom's door?
07:34Yeah.
07:35And?
07:35Well, I mean, I kind of, that was it until she came home.
07:39Okay.
07:40So, what you saw were Christmas decorations that were supposed to be, that you thought were supposed to be put around the house, and they were?
07:47They were thrown.
07:48They weren't, like, neatly thrown.
07:49Just a second.
07:51They were in front of your mother's door.
07:55Yes.
07:56Okay.
07:56Now you can sit down, Vincent.
07:57Okay.
07:58So, the Christmas decorations are in front of your door.
08:01Now, let's move on with this, because this really doesn't have much to do with why you're not in your sister's house anymore.
08:08Well, after that, she comes out of her room, and they witnessed this, all my children witnessed it.
08:15No, no, don't.
08:16You can't tell me what all your children witnessed.
08:17Am I not finished with Vincent yet?
08:20Okay.
08:21Vincent, after you went to your mother's room, and I've forgotten why you went to your mother's room.
08:27Well, I was just wondering where she was.
08:29You said she was out getting us food.
08:31Well, I didn't know that at the time until she came back with food.
08:34Okay.
08:35You went to look for your mother?
08:36Yes.
08:37And when you went to look for your mother, you saw the Christmas decorations in front of the door.
08:41What did you do next?
08:42I think I just went back to my room and then told my brother about it.
08:45Okay. And what happened next?
08:49We kind of just waited until she got home.
08:51Now, what did you do? You just waited until your mother got home?
08:54Yeah.
08:55Okay. So you didn't witness anything else? You waited with your brother until your mother got home?
08:59Yeah.
08:59Okay. See anything else that day?
09:01I mean, a lot of stuff happened whenever she did get home.
09:04I grabbed my phone to call the police. He took it out of my hand, threw it, breaking the pantry door.
09:12Did you finally get to the police?
09:13I did call the police.
09:15As a result of that incident, were you granted an order of protection?
09:19Yes, ma'am.
09:31Leticia Nichols claims her sister, Lillia Rubio, wrongfully evicted her and destroyed her property.
09:38Lillia is countersuing for utility bills and property damage.
09:42Well, what happened when she got home?
09:43Well, when she came home, me and my brother, we were trying to point out to her that her Christmas decorations had been thrown in front of her door.
09:51And then Lillia came out. She just started arguing.
09:55And?
09:55They just started screaming at each other.
09:57Vincent, was your mother's husband home?
09:59Not at the time.
10:00When did he come home?
10:01Sometime around five.
10:02Were you at home when he came home?
10:04Yeah.
10:04Did an incident happen between your aunt and your stepfather?
10:10Well, I believe there was one point.
10:11Don't tell me what you believe. I only want to know what you saw.
10:15I didn't see anything. I heard it because I was in my room trying to avoid it.
10:19Okay. Tell me what you heard.
10:20I heard Lillia say that she was...
10:21That's your aunt?
10:22Yeah, my aunt. I heard her say she was going to send her dogs on her cats so that they could kill them.
10:27That doesn't sound like a good situation.
10:30Does not.
10:30Prior to moving in with your aunt, were your mother and stepfather getting along?
10:36Yeah, there wasn't any problems I was aware of.
10:38Miss Nichols, prior to your moving in with your sister, were you and your husband in any sort of counseling?
10:46We were in marital counseling, yes.
10:48Okay.
10:48And that marital counseling was because of a couple of incidents that occurred?
10:53It was due to communication, helping us communicate better with each other.
10:57How long had you been in counseling?
10:59I would say probably three, four months at the time.
11:01What incident precipitated you and your husband going to counseling?
11:05I want you to think carefully.
11:08What incident precipitated you and your husband going to counseling?
11:13I don't think there was a specific incident.
11:15I think it was just the way that we talked to each other, learning how to use the tone, how to say things.
11:19And we were both communicating and getting frustration.
11:22And so we both decided to do something to better that.
11:26Was there ever a time that the police were called to your house?
11:29No.
11:30Did you and your sister have a discussion about she had dogs, you had cats?
11:35How many cats did you have?
11:36We had two.
11:37We did have a discussion about that.
11:38When?
11:39Before we moved in.
11:40And how many dogs did your sister have?
11:42Well, different ones at different times, depending on what.
11:44In December of 2020?
11:45Um, I think she had two or three.
11:48Okay.
11:49So now let's get back to December the 8th.
11:51You can sit down now.
11:53Was that the date that you moved out of the house?
11:56No.
11:57On what date did you move out of the house?
11:58I was back and forth in the home.
12:00As long as you had clothes there, you were there.
12:03Yes.
12:03On what date did you move your property out?
12:05We came for the first, the U-Haul load was December 21st.
12:09And then the last of it was the last day of the month.
12:12And was you rent paid for that time?
12:14So there was an argument between your sister and your husband.
12:19And that argument escalated.
12:21And the police were called.
12:22Were you at home?
12:22I was in the laundry room, so I didn't witness anything.
12:26Okay.
12:27You want to tell me what happened with your brother-in-law?
12:30Do you want me to tell you from the beginning of that day?
12:32Yes.
12:32Okay.
12:33So all this time, my sister, she would complain constantly by text.
12:37Do this, do that.
12:38And I'm going through depression, going through divorce.
12:40I'm grieving.
12:42I'm angry.
12:43I'm just going through a lot of emotions, and I lay in bed a lot.
12:47I'm not doing well mentally.
12:49So I wake up to messages, turn off the heater, I'm not going to pay for a high bill.
12:54And previously to that, on December 2nd, she had decided to take the Christmas decorations
12:59off of the tree, which was petty.
13:01And I didn't, I just laughed it off.
13:02But then by that day, I was fed up.
13:04She had put them on the tree?
13:06She put, she decorated it before Thanksgiving.
13:09And then on December 2nd, she decided to take the decorations off of the Christmas tree,
13:13just the tree.
13:13Was the tree inside or outside?
13:15Inside, in the living room.
13:17So you had a tree set up in the house.
13:20She, she and her husband had set it up.
13:22They decorated the whole house, inside and out.
13:24And she took down the decorations?
13:26Correct.
13:27Where did she put them?
13:28In her room on her own Christmas tree.
13:30Was there ever a time that you took decorations and put them in front of her door?
13:34Yes, ma'am.
13:34Tell me, where did you get those decorations?
13:37So I got up, it was about 11 a.m., and I wanted to go talk to her because she always
13:42decided she wanted a text, never actually talked to me.
13:45So she wasn't there.
13:47I'd had enough.
13:48And I got the rest of her Christmas decorations from in the living room, and I put them in front
13:52of her door.
13:53I went outside and got her Christmas decorations that were hers in the front.
13:56And I put them next to her boat on the side of the house.
13:58You did have a Christmas tree in your room?
14:00I did.
14:01Okay.
14:02Did there come a time on the 8th of December or before the 8th of December that you decided
14:07to take some of those decorations off the family Christmas tree, which was in the living
14:11room, and put them on your Christmas tree in your room?
14:14That's either a yes or a no.
14:16Yeah, I took them off and put them in my room.
14:18That's all.
14:19Okay.
14:19So on the 8th, you took the rest of the decorations that she had put.
14:22It sounds like a wholly uncivilized way to live.
14:26All right.
14:27Get to what happened with your brother-in-law.
14:28So she came home, saw that I had moved her decorations.
14:32When she had her children or anyone else around, then she wants to...
14:36No, no, no.
14:37Are you...
14:37Okay.
14:38I recognize from listening to the two of you that this was not a good situation.
14:44I could have told you that, that it's hard to live with anybody else.
14:48How long had it been since you lived with your sister?
14:50Years.
14:51Years.
14:51And it was a stressful situation for you without five other children and your sister who is
14:59not happy that you're selling puppies, whatever.
15:01But I want you to tell me what happened with your brother-in-law.
15:04Okay.
15:05I decided that instead of always locking in myself in my room to distance myself, I was
15:09going to enjoy my house, my home.
15:12So I sat in the living room watching TV with my dog.
15:14He has a collar on.
15:15He's sitting next to me on the couch.
15:17And she's walking back and forth.
15:19It's about 7 p.m.
15:20She's walking back and forth telling the kids how I need to get my feet, how I need to be
15:25taught a lesson.
15:26And then someone opened the front door and one of the cats came in.
15:30And I grabbed my dog by his collar and I said, come and get your cat before my dog gets it.
15:34So she's walking in and out still.
15:37She goes, comes out of her bedroom and she comes behind me on the couch.
15:41It's an open kitchen.
15:42She's in the kitchen area.
15:44And her husband's like walking five steps behind her.
15:47And he walks very closely to me.
15:49And I just freeze.
15:51I grabbed my phone to call the police.
15:54He took it out of my hand, threw it.
15:56Breaking the pantry door.
15:57Did you finally get to the police?
15:59I did call the police.
16:00As a result of that incident, were you granted an order of protection?
16:04Yes, ma'am.
16:05Was there a trial or did the plaintiff's husband consent to the order of protection?
16:11He showed up and requested a continuance, which was granted.
16:15And then he did not show up.
16:17So the order of protection is, according to you, for two years and it was granted on default.
16:23It is for until 2024.
16:26Okay, may I see that, please?
16:28You didn't want your kids to be involved in the nastiness that was going on in the house.
16:35And she didn't want her kids to be involved in the nastiness that was going on between the two of you for whatever reason.
16:43Leticia Nichols accuses her sister, Lillia Rubio, of wrongfully evicting her and destroying her property.
17:02Sir, I am correct that the only person who was the subject of that protective order is your husband.
17:08Is that right?
17:09I guess so.
17:09He never received anything, but...
17:10I don't know whether he received anything or not.
17:13He absolutely received something because he showed up in court.
17:16Was he removed from the house on that date?
17:19He was served at his job.
17:21No, was he removed from the house when the police came?
17:25No, the day the police came, he was not removed from the house.
17:28On what date was he removed from the house?
17:30Two days later, after she filed a restraining order.
17:32I had shown the police...
17:33Just a second.
17:35He was removed two days later.
17:37Where did he go?
17:38To a motel.
17:39You were not served with the protective order.
17:41No, I was not.
17:43She's the only...
17:43Her children are on the protective order as well.
17:45Are they?
17:46Can I see it?
17:46Yeah.
17:47Subsection 3.
17:51You have a 13 and 14...
17:54Yes, ma'am.
17:5513 and 14?
17:57After your husband was removed from the home two days later, so that would be December 10th,
18:03you and the five children, including your four and your husband's one, was still in the house?
18:10Yes, we were still in the house.
18:12I was going back and forth, you know, between the house and where he was at the hotel or the motel.
18:17When you say you were going back and forth, what does that mean?
18:20Between the house that we lived in, that we paid for, and at the room.
18:25Okay.
18:26And then she moved six people in on top of our kids, and they were on their stuff, sleeping in the beds that she said that they could sleep on.
18:34It was my parental duty to remove them from a traumatic, just everything that was going on.
18:38Let me understand this, Ms. Nichols.
18:40You felt because it was a tumultuous relationship that you had with your sister, and you didn't feel as if your children should be involved in that tumultuous relationship.
18:51And in that atmosphere, you removed yourself and the children from the house.
18:56After a few days of going back and forth and still having to hear her say something to me, you need to move this, you need to do this, you need to do that, it was just getting to be too much.
19:06So they went to a friend's house for a few days, and they couldn't stay there forever, so we ended up having to rent two motel rooms.
19:13I had two adult children who were still in the home, dealing with all this mess and all the people in the house that she moved in.
19:20And it just wasn't getting any better, and they didn't want to be there either, and they're 22 and 21.
19:28You can't tell me what they wanted.
19:30They were, in fact, there.
19:31The last of your stuff was out on December 31st.
19:34You did, in fact, live.
19:35You and your children lived in the house until December 31st.
19:38You weren't removed from the house.
19:40Your husband was removed from the house because a court found that the defendant was entitled to an order of protection against him to vacate the house.
19:50So the court granted that order of protection.
19:53Your case is what you describe as constructive eviction.
19:58She never forced you out of the house or locked you out of the house.
20:01I have text messages, and I contacted a lawyer.
20:06No, no.
20:06You contacted a lawyer.
20:07You're here.
20:08To get legal advice because I'm entitled to have a quiet, I was her tenant.
20:14No, you are her sister, and it got to be nasty between two sisters, and it got to be nasty between your husband and your sister, and you had kids, and she had kids, and you didn't want your kids to be involved in the nastiness that was going on in the house,
20:35and she didn't want her kids, and she didn't want her kids to be involved in the nastiness that was going on between the two of you for whatever reason.
20:43Why do you think courts have to be involved in this?
20:47You moved with five children, and you moved with your husband.
20:52I assume that the two of you were still together.
20:54Is that an uh-huh?
20:56Yes or no?
20:57Yes, yes.
20:57Okay.
20:58And I assume that you're happier than you were living in your sister's house?
21:03Were we happier living with her?
21:05I said, are you happier now living than you are living?
21:07Oh, we're happier now, yes.
21:08Absolutely.
21:09So why are you annoying all of us?
21:13Why did you contact a lawyer?
21:15I mean, I'm not following why you think everything, why some people think that everything involves a legal case.
21:24You didn't get along with your sister.
21:26Happens to be that you had five kids.
21:28She had two.
21:29You have cats.
21:30She has dogs.
21:31It was a disaster looking to happen, and it was a mistake.
21:34It lasted October, November, December.
21:36You were gone.
21:38Over.
21:39Tell me what brings you to court.
21:41What brings me to court is the fact that she was told, I have police reports of them telling her not to touch my things, and she did so anyways.
21:48We sold our furniture because she's like, oh, I have these extra beds that were her husband's kids' beds, and sell your washer and do your couches, and we-
21:57Well, you're a grown-up lady.
21:58You had four children.
22:00She doesn't tell you what to do.
22:02You're a grown-up lady.
22:03You want to move in with her and you see how it works out.
22:06You haven't lived together in years.
22:07Put your stuff in storage for a month or so and see how it's working out.
22:13Had I known she was going to make all this money on the side, I would never agree to move in with her.
22:17Yeah, you know, that comes under the category of shoulda, woulda, coulda.
22:21You moved in.
22:21You knew she had dogs.
22:23You moved in.
22:23She knew you had cats or vice versa.
22:26I still don't understand why you think everything involves a court case.
22:30Look up the term constructive eviction.
22:32Would you please for me, Sarah?
22:34I know that that's what it says, that she constructively evicted you, which is a term that-
22:40Did the lawyer say constructive eviction?
22:43Is that-
22:44No, they tell me that the landlord could not harass you.
22:47They're not allowed to touch your property to make it an enjoyable-
22:52Uninhabitable-
22:52Quiet.
22:53Yeah, quiet enjoyment.
22:54So, a situation where a landlord does not do something that they must do by law, causing the property to be labeled uninhabitable, for example, shutting off the heat or water, then a tenant has a claim against their landlord.
23:08Okay.
23:10She changed the password to the Wi-Fi and she didn't shut off the water, but we paid half of all the bills, including the Wi-Fi.
23:19Are you happy your sister is gone?
23:20Yes, Your Honor.
23:21Are you happy that you're gone?
23:23Yeah.
23:23Are you in a house now?
23:25Of course.
23:26Okay.
23:26Your case is dismissed, Ms. Nichols.
23:28We have no case.
23:29Listen, you have a counterclaim.
23:31That's nonsense.
23:32For half the utilities for the two months, which she didn't pay, were a couple of hundred dollars.
23:36Are you happy she's gone?
23:37Yes, ma'am.
23:38We're done here.
23:40Court's adjourned.
23:43When I was growing up and I went into the system, she was the only one that was there for me.
23:47She's money hungry.
23:48She's looking for a way to get money.
23:49It takes two people when it takes admitting.
23:51She's really jealous about whatever I had that she did in it.
23:54And I've apologized for the things that I've done.
23:56There's no future for us.
23:58Sarah, you have a sister who's younger than you are.
24:02I do.
24:02She's cute as a bug's ear.
24:03Could you imagine living with her on a full-time basis?
24:06Be tough.
24:07It'd be tough.
24:07It's hard to live with somebody that you love.
24:10With anybody, let alone someone you love.
24:13And these two sisters, certainly the defendant didn't love her sister's husband.
24:20The fact that they were living together for economics made it even more difficult for somebody who's already under stress.
24:28The only lesson to take away from that is before you put kids in a situation where they are going to be involved in domestic disputes, you really have to think twice.
24:39You have to say, I'd rather live in a studio apartment alone than with 10 people in a four-bedroom.
24:46Anyway, sad.
24:47I hope they get back together again.
24:48Are you having a family dispute?
24:52Go to judyjustice.tv
24:54Go to judyjustice.tv
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25:22Go to judyjustice.tv
25:23Transcription by CastingWords
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