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00:00You made a child together.
00:02Yes, ma'am.
00:03Every once in a while, you fight with her,
00:06and she kicks you out.
00:07And then she lets you back in, right?
00:09Right.
00:10And you have a fight, and she kicks you out,
00:13making the same mistake over and over and over again.
00:17You can't get along.
00:18Don't live together.
00:20You have a child who's growing up with two crazies.
00:22This is Judy Justice.
00:30Dale Eber is suing his former girlfriend
00:45and the mother of their daughter, Ginger Gibbons,
00:48for wrongful eviction and the value of his property.
00:52Court come to order.
00:56Have a seat, please.
00:59Hello, Judge.
01:00Case number 1160, Eber versus Gibbons.
01:03You're welcome.
01:05Oh, Mr. Eber.
01:07Yes, ma'am.
01:08There's a saying about somebody
01:09who doesn't learn from experience.
01:12They keep making the same mistake
01:14over and over and over again.
01:16And I read your complaint.
01:17You and the defendant had a long-standing relationship
01:20only through the fact that you made a child together.
01:24That child is now how old?
01:25Six.
01:26Every once in a while, you sort of float in,
01:29and then you fight with her, and she kicks you out.
01:32And you stay out for a few months,
01:35and then she lets you back in, right?
01:37Right.
01:37And you're together for a little bit,
01:39and you have a fight, and she kicks you out.
01:41And then you're out.
01:42You live in your truck.
01:44You stay with friends, whatever it is.
01:45And then you come back.
01:51According to your complaint,
01:53probably happened more often,
01:54but it happened recently in the last couple of years,
01:57three times.
01:58Yes, ma'am.
01:58And so the first thing that you are alleging
02:03is that she has committed on three separate occasions,
02:06recently, probably happened many times,
02:08that's the best.
02:09Wrongful eviction.
02:11Right.
02:15A couple of questions
02:16before I actually put the fourth line
02:19through this wrongful eviction claim.
02:21In any of the recent times that she gave you the boot,
02:25were you on the lease?
02:26No.
02:27How could she evict you if you weren't on the lease?
02:31Well, I moved in there with her when she moved in.
02:33Lived with her from day one.
02:36From day one, what is day one?
02:38Give me day one.
02:39February of 2020.
02:42Well, February of 2020, your daughter was five,
02:46and you were not on the lease.
02:48No.
02:49And how long did you live there before she threw you out?
02:52Three or four months.
02:53Okay, then you had a fight.
02:54Yeah.
02:55And she called the police, tossed you out?
02:57I called the police.
02:58Well, you called the police.
02:59She said he's not on the lease, they tossed you out.
03:01Right.
03:02How did you get back?
03:03I was living in my car, I had nowhere to go.
03:05Okay, so you were living in your car, you had nowhere to go, and?
03:09Well, we had both lost everything in the campfire,
03:11so we were, we both moved in there together.
03:15When she started collecting welfare,
03:18I was still living there and helping, you know.
03:21This is much too much information for me, sir.
03:24When you moved back in with her,
03:26that was after she had thrown you out once.
03:28Right.
03:29Did you say, I'll move back in with you,
03:30but I want to be on the lease?
03:31No.
03:32No.
03:33So that you knew from the first time
03:35that if the police were called,
03:38she's gonna say, he's not on the lease,
03:40and he doesn't live here.
03:41So you moved back in with her, with your daughter,
03:45because your daughter remained with her.
03:46Right.
03:47In what month?
03:48I can't really recall the dates.
03:50Well, I, I certainly don't remember.
03:52She doesn't have to help you.
03:53And then she threw you out again.
03:54Were the police called?
03:56Yes, I called, I've called the cops every time
03:58that we've, we've had a problem with their drug use.
04:00Okay.
04:00You called the police.
04:01Mm-hmm.
04:02I assume that that's a yes.
04:03Yes.
04:04And when the police came,
04:06they told you to leave and you left.
04:08Yep.
04:08Yep.
04:09Is a yes.
04:10Yes, sorry.
04:11And then you went and stayed in your car again.
04:13Right.
04:13For how long?
04:14A couple months.
04:16How'd you get back in?
04:17The third time I didn't.
04:18It was the last time I bought an RV.
04:21Well, so far I know two times.
04:22So it's only two times that she threw you out.
04:24There's more, it was more than twice.
04:27Let's move on to something else
04:28where you might be more successful.
04:31Return of rent.
04:33What rent do you want?
04:34I have evidence right here of monies that I've given her.
04:38I don't care what money you gave her.
04:39When you paid rent the months that you were living there.
04:43Yeah, well, I paid in advance for months.
04:45I paid $1,750 at one time.
04:49Just a second.
04:49In what year?
04:50This one was December 31st of 2020.
04:54Right when she moved in there.
04:56To help her move in.
04:57Good.
04:58You mean with your daughter?
04:59Right.
05:00Do you regularly pay child support, Mr. Eber?
05:03Yeah, this is part of the child support.
05:05But she was collecting welfare fraudulently
05:07and not reporting the money I was giving her.
05:10That's terrible.
05:11When did you find that out?
05:14When they started garnishing or taking money out of my bank account.
05:18You mean you didn't know that she was collecting welfare before that?
05:21No.
05:22No.
05:23How did you think she was supporting herself?
05:25I was giving her, I gave her half of my welfare money and it was $4,800 and I got and I gave her $3,000.
05:30Just a second.
05:31You gave her half of your welfare money?
05:33Yeah, I gave her most.
05:34Just a second.
05:35Yeah.
05:36Yes, I did.
05:37Just a second.
05:38I need, I need an eraser.
05:40Go like this.
05:41I need to erase my brain.
05:43She gets welfare for herself and your daughter.
05:46Right.
05:47And you get welfare for you.
05:48No.
05:49Well, what do you mean you give her half your welfare money?
05:52I'm a painting contractor and then-
05:54I don't understand.
05:55Did he say I gave her half my welfare?
05:58I'm sorry.
05:59You know, some-
06:00No, half of my wildfire money from losing-
06:02Wildfire.
06:03Wildfire money.
06:04Was that what he said?
06:05I heard welfare.
06:06I heard welfare.
06:07I heard welfare.
06:08You have to be careful.
06:09Sorry.
06:10She's the stenographer.
06:11Okay.
06:12She, thank God you heard what I heard.
06:14Half of your wildfire money.
06:16And that's-
06:17Just a second.
06:18Just a second.
06:19Wildfire money.
06:20That's a new one.
06:21Look it up.
06:23Wildfire money.
06:24This wildfire money-
06:26This wildfire was the wildfire-
06:28The Paradise Fires?
06:29Yes, ma'am.
06:30And you were living together during the Paradise Fires?
06:33Yes.
06:34In what kind of establishment?
06:35In her parents' house.
06:37So you were living with Miss Gibbons in her parents' house with your daughter?
06:42Right.
06:43And the wildfires destroyed your parents' house?
06:45No.
06:46No?
06:47No.
06:48They had damages, but they had to fix those and then they put it on the market shortly after and sold it.
06:54There was a fire.
06:55I don't know if I could look into the insurance proceeds of what was paid.
06:59Then for curiosity, Mr. Eber, who did you get money from?
07:03The wild...
07:04Northern...
07:05I forget the name of it, but we got, I think it was $10,000.
07:09Everybody that was evacuated or that was in the fire.
07:12So you got $10,000?
07:14Right.
07:15And so did you.
07:16For being dispossessed from her parents' home?
07:18Yes.
07:20No, I...
07:21Yeah.
07:22Mm-hmm.
07:23I lost my business in the fire.
07:24No, no.
07:25Those are separate things.
07:26If you lost your business in the fire, that's another thing.
07:28Where was your business located?
07:29Paradise, California.
07:30Okay.
07:31And that's separate from where her parents were?
07:32Right.
07:33Okay.
07:34And what was the name of the business?
07:35Dale's Painting.
07:36Dale's Painting.
07:37Where are you located now?
07:38The business is located 6-2.
07:41I haven't changed the address to the new address.
07:46Let's move on, Mr. Eber, to something else, please.
07:51Your personal nonsense has nothing to do with courts.
07:54And if you want to have a discussion with somebody about your personal business, go to a counselor.
08:00Go to Dr. Phil.
08:01It's nonsense.
08:02Courts don't care about it.
08:03And later today...
08:05Who is going to speak for the two of you?
08:07I will.
08:09She gave you a look.
08:10Okay.
08:11Better ask again.
08:14Who's going to speak for you?
08:17I am.
08:18Good.
08:19Make sure you didn't give me that look.
08:24Dale Eber claims his former girlfriend and the mother of their daughter, Ginger Gibbons,
08:37owes for evicting him multiple times and damaging his property.
08:41Ginger is countersuing for an assault.
08:44Okay.
08:45Let's move on to replacement value of damaged property.
08:49Because as you see, I'm singularly unimpressed with the other parts of your complaint.
08:54Replacement value of damaged property.
08:56What property and how did she damage it?
08:58She put all my stuff out on her patio.
09:01What stuff?
09:03My clothes, my DVDs, my computer.
09:06On what date did she put your stuff out?
09:08I don't know the dates.
09:10She's the one that put them out.
09:11She knows that.
09:12Well, on what date were you missing your clothes?
09:14Was that the same day you were missing your computer?
09:17No, actually, I had left my computer there.
09:21Well, you know, she had put my computer out with my clothes.
09:23It was all soap and white.
09:24Okay.
09:25Yeah, that was the same day I was missing the computer.
09:27Okay.
09:29You have a counterclaim.
09:30Your counterclaim is for assault, primarily, for assault.
09:34So I have a couple of questions because clearly people have nothing better to do than to come here.
09:39I, on the other hand, have better things to do.
09:41I read your answer and I read your counterclaim.
09:43You 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.
09:53Then I'm jumping forward to May of 2021 when you say I filed a restraining order against him because he crossed the line.
10:02That's what you wrote in your answer, right?
10:04Yes.
10:05So I'm going to ask you a simple question.
10:07My question to you is between January 21st, 2021, and on or about May, did Mr. Eber live with you?
10:16No.
10:17When did he leave?
10:18It was at the time, right around the time of the assault.
10:22Well, what happened between January and May?
10:25I did file a restraining order on that incident and he convinced me to not go through with it.
10:34Just a second.
10:35How did he convince you?
10:37He threatened me mostly.
10:40No.
10:41Well, tell me.
10:42Just a second.
10:43I'm sorry.
10:44I want you to tell me.
10:45Where was he when he convinced you?
10:47Was he on the phone?
10:48Was he on texts?
10:50Was he on email?
10:51Was he in person?
10:53Where was he when he convinced you not to go forward?
10:56In multiple areas.
10:58Well, multiple areas.
10:59So I have text messages, emails, and phone conversations.
11:03What about in person?
11:04What about him?
11:05Face to face, no.
11:07Between January 2021 and now, has he been in your home?
11:13No.
11:14Have you been in his home?
11:16No.
11:17So where have you met?
11:19Either outside of the apartment.
11:22Actually, I haven't been able to get him to cooperate with any kind of scheduling or anything like that.
11:30He pretty much comes and goes as he pleases.
11:32Comes and goes where?
11:34Well, I mean, to the house or whatever, to see the baby.
11:37Actually, he has not been allowed to come around because he, as of May...
11:43Uh-uh, uh-uh, uh-uh, uh-uh.
11:45I have to tell you about courts, both of you.
11:48We're busy.
11:49And your personal nonsense has nothing to do with courts.
11:53And if you want to have a discussion with somebody about your personal business and how you can't get along or, you know,
12:01go 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.
12:18Can I address her restraining order?
12:21I'm throwing it out.
12:22Okay.
12:23It's nonsense.
12:24The whole thing is nonsense.
12:25Your case is nonsense.
12:27Her case is nonsense.
12:28Courts don't care about it.
12:30You can't get along.
12:31Don't live together.
12:33But 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 who's growing up with two crazies.
12:43She keeps letting you come back in.
12:45She tosses you out.
12:46You come back in.
12:47You float in and out.
12:49She may act irresponsibly.
12:51If you have a legitimate claim with regard to her parenting skills...
12:55I do.
12:56What 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.
13:06And if you have a legitimate complaint with her with regard to parenting, because you have a complaint that she is a substance abuser, go to family court and file for custody of your daughter.
13:17I already have.
13:18No, no, no.
13:19I got all the papers right here.
13:20You've got what?
13:21All the papers and proof that she's an aggressive person.
13:24No, no.
13:25Listen to me.
13:26You're not listening.
13:27You're floating around in the air.
13:29You're in the wrong place.
13:30You're in a place where you want money.
13:32And 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.
13:41They will award you custody if you're right.
13:44Right now, all you're doing is what my grandmother would say, you're blepturing.
13:49You're complaining about her and you're not putting your money where your mouth is.
13:54You want to 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.
14:04Go to family court where you're not seeking $10,000, where you're seeking the right thing for your child.
14:10Do you understand?
14:11Yes.
14:12Perfect.
14:13Goodbye.
14:14Court is adjourned.
14:17I don't know.
14:18I guess she's right.
14:19I understand completely.
14:20Well, it's mainly her substance abuse.
14:22I do not have a substance abuse problem.
14:24The neglect to my daughter.
14:25I have all the love in the world for my daughter, of course.
14:28You know, destroying my personal property and, you know, every time she's throwing me out.
14:32Good parents for our daughter.
14:33Absolutely.
14:34That would be great.
14:35You know, Sarah, we talk about this all the time and it's something that I think I've probably said a million times.
14:42You have to love those children more than you hate each other because that's your responsibility.
14:48It's as much of a responsibility for their emotional health as it is to put food on the table.
14:54It's just so sad to me that this little girl has to live through this tumultuous toddler period.
15:02Yeah.
15:03Which isn't going to get better.
15:04It's unfortunate.
15:05Yeah.
15:06Case number 1148.
15:07Castillo versus Sainz.
15:09All parties, please step forward.
15:11Ralph and Raquel Castillo are suing photographer Dear Sue Sains for the return of their deposit.
15:18Mr. and Mrs. Castillo, who is going to speak for the two of you?
15:22I will.
15:24She gave you a look.
15:25Okay.
15:26Better ask again.
15:27Who's going to speak for you?
15:32You.
15:33I am.
15:34Good.
15:35Make sure you didn't give me that look.
15:37Mr. Castillo, this is your daughter.
15:40Yes.
15:41And she was going to have a celebration.
15:43I think it's for her 15th birthday.
15:45Yes.
15:46And that has a special name.
15:48Correct.
15:49Quinceanera.
15:50Tell me about the genesis of that celebration.
15:53Why 15?
15:55It's a celebration of a transition of a young girl into a young adult.
16:01Okay.
16:05We walk in and they say, can somebody help us?
16:07We have pictures that are locked in our phone.
16:10And some young person comes over, one, two, three, and voila, 50 pictures.
16:15It's like magic.
16:16It's like a genie.
16:17Ralph and Raquel Castillo claim photographer Dear Sue Sains is wrongfully keeping their deposit after their daughter's quinceanera was canceled.
16:38Okay.
16:39What's your daughter's first name?
16:41Victoria.
16:42Unfortunately for Victoria, she was celebrating her 15th birthday during the pandemic.
16:47Mm-hmm.
16:48But prior to that, you had hired the defendant to do the photography and videography for the quinceanera.
16:56Correct.
16:57In what month was your daughter supposed to celebrate her birthday, sir?
17:00April.
17:01And you retained the defendant's services on what date?
17:04November 15th of 2019.
17:06When did you finally retain him?
17:08Because you came to a figure and the figure that you came to with him was $750.
17:14When we gave him the deposit.
17:16Of $750?
17:17$750.
17:18And what was the total amount to be?
17:19$1,750.
17:20The case is a relatively simple one.
17:22The party had to be canceled because of COVID restrictions.
17:26Correct.
17:27And you tried to get a refund from Mr. Sains?
17:30Yes.
17:31And you were unsuccessful in getting a refund from him.
17:34And then it was your daughter's 16th birthday.
17:37Yes.
17:38And since she missed her 15th big celebration, you thought that the family could now have a smaller celebration in April of 2021.
17:47And you asked Mr. Sains if he would take photographs of that.
17:51Yes.
17:52Where was that held?
17:53At our home, it was just myself, my wife, and my daughter.
17:58We weren't really getting into having a party.
18:01When you called him to come and take those pictures of her 16th birthday, tell me about the conversation with regard to payment.
18:08Well, 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.
18:21And he said, don't worry, I'll take care of you.
18:23Okay.
18:24So without any further discussion, you had him come to your home and take photographs on...
18:29It was actually January.
18:31Got it.
18:32Okay.
18:33So he came to the house in January.
18:34What time did you get to the house, Mr. Sains?
18:36About 1.30, 1.45.
18:38And what time did you leave?
18:40It was maybe 3.30, 4 o'clock or so.
18:44And during that two-hour period, he was there primarily taking photographs of yourself, your wife, and your daughter.
18:49Correct.
18:50When he left, he told you he would provide you with photographs.
18:54Correct.
18:55Did he do that?
18:56Partially.
18:57When you say partially, what did he provide you with?
18:5953 pictures and 2 minutes and 53 seconds of video on email.
19:05Yeah.
19:06That's the way people do it these days.
19:07Correct.
19:08Okay.
19:09So you have those photographs?
19:11Not physically.
19:12He said that we can go to Walmart and have them printed.
19:15Okay.
19:16Do you have the photographs?
19:17I have some photographs.
19:18May I see them, please?
19:19Did you go to Walmart and have them printed?
19:21We never got the thumb drive that he promised.
19:24Just a sec.
19:25Mr. Sains, did you deliver them a thumb drive?
19:29I did not.
19:30I emailed all the photos and the video.
19:33Okay.
19:36Well, these are beautiful photographs, sir.
19:39Did you look at all the photographs that he emailed you?
19:42Yes.
19:43Well, they're lovely.
19:44And you look beautiful.
19:46Mr. Castillo, you were asking for your refund of your deposit.
19:50He was at your house for two hours.
19:52He sent you 53 photographs.
19:54He took video.
19:55Why would you think that you're entitled to your deposit back?
19:58For $750, he came to your house, which means he traveled to your house.
20:02Right.
20:03I don't know where you live.
20:04Where do you live?
20:05Corona.
20:06Where do they live?
20:07Like Maria, it's about an hour.
20:09So, he had an hour travel time each way.
20:11Mm-hmm.
20:12That's two hours.
20:13And he spent two hours with you.
20:15Mm-hmm.
20:16In addition to that, he provided you with 50 photographs that I assume had to have some
20:21work done on them.
20:22Yeah.
20:23Because they always do.
20:24And he provided you with video.
20:26So, the man worked for four hours and he provided you with a product.
20:29In the world, do you think he is responsible for giving you $750 back?
20:33Well, because we only received two minute and 53 seconds of video.
20:38And?
20:39And 53 pictures and no thumb drive.
20:41Well, just a second.
20:42How are we going to put the pictures that you have in your hand without the thumb drive
20:45to take the...
20:46Listen.
20:47I am so challenged when it comes to doing that.
20:50I am so challenged.
20:52But I know if you send them by email that you can take them in to someone at a CVS.
20:59They do that, Mr. Castillo, for old people in Florida.
21:03We go in there as if we haven't a clue.
21:05We walk in and they say, can somebody help us?
21:08We have pictures that are locked in our phone and we don't know how to work this machine.
21:14And some young person comes over and one, two, three.
21:17They shove something from your phone into a machine and they press a couple of buttons
21:22and voila, out spits out 50 pictures.
21:27It's like magic.
21:28It's like a genie.
21:30And then you say, thank you very much.
21:31You give them 20 bucks for their trouble.
21:33And that's how you, Mr. Castillo, that's how you do it.
21:36You take the email, you take it in and you say to them, I have this.
21:40Could you help me?
21:41I'm old and I'm like Judge Scheindlin.
21:44I don't know what I'm doing.
21:45Could you fix it for me?
21:47Is there any way, Mr. Saints, just for my own information,
21:51is there any way that you can take this?
21:53Because he seems to know something because he said thumb drive.
21:57Now, I have heard that term before and I actually know it looks like a fob or something.
22:03Is there any way that you could send him that?
22:05I could, yes.
22:06Mr. Saints, I want you to be a saint.
22:10That might be easier for him.
22:12If, because what he says is, if he had that, he would know what to do with it.
22:16He doesn't know what to do with it with an email, okay?
22:18Yeah, definitely.
22:19Would you take care of that?
22:20Of course.
22:21How long will that take you to take care of that, to send him a thumb?
22:24You'll get it in two days in his house.
22:27Promise me?
22:28I swear.
22:29Very good.
22:30You have no case against him, Mr. Castillo.
22:32Your case is dismissed.
22:33You get that to him.
22:34Otherwise, I'm coming to look for you.
22:35You got it.
22:37Court is adjourned.
22:38All right.
22:39I feel that if we would have got the thumb drive from the very beginning instead of waiting all these years, we wouldn't be here today.
22:44I am very happy with the decision Judge Judy made.
22:47Finally, we'll get some, you know, end result with the work he put into it, and we'll actually physically have it so we can use it.
22:54I'll send the thumb drive to Mr. Castillo, that way they'll get going with their life, and I will with mine.
23:01All 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.
23:11But I think that the deposit that they did pay is pretty similar to what they would have paid for this sort of photo shoot, for 50 or so photos, a little videography.
23:21They sort of canceled each other out, and I don't think the plaintiffs realized that until you pointed it out to them.
23:26You know, sometimes you need somebody in life, you need somebody to blame for something.
23:31You can't blame COVID for the fact that your daughter didn't have this once-in-a-lifetime event of transitioning at age 15.
23:40So it was easier to blame this photographer.
23:43And they really got professional pictures, and they got professional pictures in their home, custom, with a thumb drive.
23:50And they figured out how to get it printed.
23:52Yes.
23:53Yes.
23:54With a thumb drive for 700 bucks.
23:55I think that that was fair.
23:56I do, too.
23:58Want justice?
23:59Go to JudyJustice.tv.
24:20See you then.
24:21Bye.
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