In civil contract disputes, a party may breach a contract but must pay reasonable damages to compensate the non-breaching party for losses incurred, with damages measured by what it takes to put the non-breaching party back in the position they would have been in had the contract been performed.
Deep Dive
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Deep Dive
'Toothing It To Court' & 'Being Off Key ' & 'Being a Crummy Craftsman'
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>> The assistant came out with these in a ziploc. I tried like this and said, I said, "No, you're taking them like that.
I have to have them fitted." [music] He walked out and said, "Did she pay up?" I SAID, "YES, I don't owe you anything."
>> [music] >> He said, "Okay, come in."
>> This is the plaintiff, Diana Leach. She says she went to the defendant's dental office for a cavity, and during the extraction procedure, he couldn't get her crown to fit back in her mouth properly. The defendant promised to make her a new [music] one, and the one he made is very bad. It didn't feel comfortable in her mouth. She couldn't eat with it, and she [music] had to go to another dentist to get the job done right. She's suing for $500, the amount she's [music] due.
>> [music] >> This is the defendant, Dr. J. He says he was willing to adjust the plaintiff's crown and partial [music] for free until it fit comfortably in her mouth for no charge. The plaintiff got mad at him because she came [music] in one day unannounced and since he had a busy day of patients lined up she had to wait in the waiting room and became upset. He doesn't know her [music] a refund because the plaintiff didn't come in for the proper follow-up visit, which is something that definitely needs to be done. [music] He's accused of making a bad impression.
>> All parties, please raise your right hand.
>> What you are about to witness is real.
The participants are not actors. They are actual litigants with [music] a case pending in civil court. Both parties have agreed to drop their claims and have their cases settled here before Judge Marilyn Milian in our forum, the People's Court.
>> Be seated, come forward.
Litigants have been sworn, Your Honor.
>> Thank you, Douglas. Diana Leach, you are suing your former dentist, Dr. Jay, you've asked to be referred to as, and his [clears throat] dental office, for $500, a partial refund of dental work that you feel did not go the way it's supposed to go. Tell me what happened.
>> Um, last year in May, I went to Dr. Jay to have some dental work done. And he took some x-rays and he said that he had a cavity at the root and he would have to extract it.
So, he did the extraction which was good. And at that time he said that I would need a new partial because the tooth that was anchoring that is the one that he had to take out.
>> That he had to take out.
>> Yes. Now you have you have to >> So, I have to have a new partial.
>> And how much was he going to charge you for the new partial?
>> He charged me $1,000 for the partial, the crown, and the extraction.
>> When do you get fitted, like when does he take the impression for the partial?
>> June last year.
>> And when do you finally get the partial?
>> June this year.
>> So, you are testifying to me that it took a year between the time he took Okay, why did it take a year?
>> Because a year is nuts. Your [laughter] Honor, I'd like to get the money, too.
It never takes a year. It It 2 months.
And in her case it took 4 months, but usually there is >> Not a year.
>> Well, sometimes Your Honor, patients take time to make payments, so >> Well, is that what it was?
>> Correct.
>> No, Your Honor, I get the partial in two years.
>> the records. Show me her medical records.
Okay, where's her billing though, so that I can see Do you have your billing?
>> I I didn't bring the billing.
>> Oh, you didn't?
>> Sorry.
>> Your Honor, I have all the receipts here.
>> Oh, good. Let me see.
>> them all here.
>> Okay, so did it take you a year to come up with the money for the job?
>> Honor. What happened is the his off- his office offered me a plan. After they called and said the partial was finished, I could have paid for it.
>> your business records here that have to do with her plan, how much you were charging her, all that stuff, because she's suing you, and it's not even here.
Why?
>> I mean, it's $500 for a denture. It's not more than that.
>> No, Your Honor, I paid $700 to the other person that that had they had to do them like the partial that he made for me here, and this and this is the new partial.
>> happened. So, you According to you, it takes a year, and then you get them, and then what?
>> It was too tight.
>> Okay, so you tell Wait, wait. You call him how long after you pick them up?
>> The very day.
>> So, then you come in how long after that?
>> day.
>> And he does an adjustment?
>> He does an adjustment. So, the following week, no, he said, "Okay, come in the Wednesday." Two weeks later, I said, "Um I called before he went in. I said, "I have to be back in Manhattan by 2:00." I goes there at 12:00.
Sit down 12:00, 12:30, 1:00, then 1:30 is when I get really upset.
"This is ridiculous," I said. "I have to get back to Manhattan by 2:00." The assistant came up with this in a Ziploc bag like this, and said I said, "I'm not taking them like that. I have to have them fitted." He walks out, and said, "Did she pay up?" I said, "YES, I DON'T OWE YOU ANYTHING." He said, "Okay, come in."
I came in, and he tried them again. I said, "Okay, you will never see me back again." He can tell you I told him them words.
>> Okay.
>> I walked out, and I called this other guy.
>> Okay, so then you went to another guy, and show me the bill from the other guy.
>> The $700 bill is the other bill I have from the other guy.
>> It's in here?
>> Yes, on the 16th.
>> Wait, the bill from a different guy is in these actual kind of receipt? Why doesn't anybody do real receipts?
>> [laughter] >> It's Brooklyn, your honor.
>> You got What do you mean it's Brooklyn?
There's no professionals in Brooklyn?
>> Welcome back to The People's Court.
Harvey Levin here.
Why do doctors and dentists notoriously um make people wait in the waiting room?
>> They overbook themselves.
>> Okay, I mean that's a that's a an innocent answer. Is there anything else?
I mean, is it possibly like a power trip?
>> They're very powerful. Of course, they want you they want to make you wait.
>> But do they want to make you wait to show kind of show hey, I'm the boss?
>> Absolutely.
>> You think that?
>> I agree and they overbook. I'm firm on that one.
>> And they overbook. They just want to roll them through. Got your point. Going inside the courtroom.
>> So you had to pay Let me see that. You had to pay the next guy 700 bucks. He gave you a partial. Did that fit?
>> Yes, it fit. This is the partial.
>> You're in, yes.
>> Okay, hallelujah.
>> I was going to pay him back.
>> to what she the lady's saying.
>> Okay, your honor. How are you doing?
First of all, she's a great patient of mine. I'm unfortunate It's unfortunate things happen.
>> great. She pays up and then you just >> of course. But, you know, you have you work for 7 years, you have three offices, you make 10,000 dentures, it's bound to happen. Now, when the patients come, we usually instruct them to come every 2 weeks for the next visit. A typical partial denture takes about 4 to 5 visits, you know? If they miss their appointment, then um >> Did she miss any appointments?
>> If it took a year, she probably didn't.
>> I don't know. Prove it to me. Show me how she missed an appointment. Show me your business records that show that.
>> Um >> [laughter] >> Did not bring it, but it doesn't take you long.
>> records of a 7-year-old with a crayon.
Wait, who's Who am I going to ask if not you? You're the guy I need to ask. All right, she doesn't sound like the kind of lady who doesn't want her partial in there. She sounds like the kind of lady who's had it up to here.
>> Yeah, it took too long to finish them, you know?
>> Right, but she says it took too long to finish them because of you. You say it took too long to finish them because of what?
>> Because of payment issues.
>> How do you know that? I don't have the billing for you to prove what you're saying. And I see her consistently paying you every every month.
>> She paid.
>> Right. So, I'm not sure what you're saying. Is this a payment plan where you pay as you go along but you work as as I pay. So, now it's not that. NO, MAYBE JUDGE SHE just didn't show up. Well, show me the records.
>> All right, I'll bring those out.
>> All right. Okay.
>> It's not necessarily a patient's get hard you all right cuz you know they can't come. They come once a month. This is just the different kinds of dentures if there was any illustration.
>> OOH, PROPS.
>> [laughter] >> Go ahead. Show me the props. I never get props.
>> Well, initially when they come for the dentures you know that we take the impressions. None of these belong to the client obviously and we measure their bite. So, that's one visit, two visits right there to do the bite.
>> Why two visits?
>> Well, the first one is to take the moldings. Second visit we mount these with the wax rims. These take about an hour.
>> All right. So, that's two visits. Then what?
>> two visits and then we set them up.
>> Now, that's some guy's teeth because it has a name on it.
>> Correct.
>> All right. I'm not touching any of these. Go ahead.
>> I sprayed Diana all right and and I've changed it. Yeah. So, we do a try-in which I'm sure I did on Diana.
>> like you keep records.
>> No. [laughter] No. No. We sterilize things around. So, we set these up and we give a patient a mirror and if they're not happy with the shape or the color, we make adjustments to them, you know? But if you're taking a year to do this, the cast can shrink.
>> Why? So, why are you taking a year to do this? Once again, we're back to what she says. You're taking a year cuz you're slow and you shouldn't have and you say no, it's cuz she missed or she didn't pay but I don't know because I didn't bring anything to provide her.
>> You don't know why would I want to take a year to do this?
>> She's asking for $500 and the reason why you're asking for $500 is what?
>> Because he did some of the work and it was set up for her.
>> say that that's what the partial cost.
The Okay. Well, then that makes sense all the way around. $500. Verdict for the plaintiff. Plus your court costs.
>> Well, Dr. Judge gets dunked here in The People's Court. What happened to that case? That That didn't go very well.
>> No, well, they you know, if you take too long to finish your denture, it's not going to fit.
>> You have to keep your appointments.
What about keep your records?
>> [laughter] >> My bad. I I'll That's my first time in a court. I'll be better next time.
>> Okay. Right around the corner this way, Dr. Jay. All right, so come on in here.
Do you finally have some dentures that are that are working and fitting and >> I have some that are fitting.
>> Yeah. And so, how would you characterize the work of this particular professional?
>> It was lousy. He's a nice man, but work is bad.
>> Mhm. What gave you the first hint? When did you know that this wasn't going to go well?
>> When he came hiding in the back of the office when he come out Yeah, when he come out the lights start to talk.
>> Okay, over to Harvey.
>> All right, then. You know what?
Contracts have to be performed within a reasonable period of time, and it doesn't matter whether the person performing it is a doctor or a plumber.
That will do it for this case. Litigants for the next case on the way into the courtroom right now.
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>> This is the plaintiff, K. Lamonte Jones.
He says he contracted with the defendant to appear as a singer in a show he was producing. Since the defendant was the featured artist, she was required to sell at least 50 tickets [music] for the show. And a week before the show, she called and told him she was bowing out.
He went to great expense [music] spending money on a band, covering her ticket sales and bar drinks.
He's suing the wishy-washy lounge singer [music] for the $5,000 he's out.
This is the defendant, Amber. [music] She says she's been a performer for 17 years, and she did originally agree to perform at the plaintiff's event. But as [music] the show grew closer, she came to realize there'd be no record labels, no producers, so she changed her mind because it wasn't going to be a showcase for new talent as he promised. In fact, [music] the guy then went on a rampage disparaging her good name, and that is so uncool.
>> [music] >> She's accused of being off key.
The defendant has filed a countersuit for $5,000 for slander.
>> All parties, please raise your right hand.
>> Okay. K Lamonte Jones.
>> Yes, ma'am.
>> You are suing Amber, you've asked to be referred to only by your first name, for $5,000 that you say you are out as a result of her bailing on a contract to perform with you. Uh you are counter-claiming $5,000 for slander for him telling people about it. Tell me what happened.
>> Okay. Well, first of all, I just want to tell you Gifted Soul is the name of the showcase. Uh as a performer myself of many years, I designed Gifted Soul for artists by artists.
I met Amber at a mutual friend's house, a birthday party, and I heard her singing. And and let me tell you, she is amazing artist. And she had a really great personality, and we just kind of clicked. And I told her about the show and that what I do. Uh just to fast forward real quick, the show had you know, I had just uh completed my 5-year anniversary show that previous June and I was planning my show for October.
September 21st, I I spoke with Amber uh informed her, explained to her what we what the show was about uh and she was excited about it. I said, "But before that, there are some requirements and some obligations on your part."
>> And what were the specifications?
>> each artist is required to bring a minimum of 50 persons to the the top feature. There's two different uh levels. There's a top feature and a a second tier. Uh 50 uh people minimum per person or 30 minimum.
>> Okay, now did she sign something?
>> Yes, she did.
>> Can I see it?
>> Most certainly.
But even prior to her signing that that's the her actual contract, I have an uh email because we were corresponding via email up first.
>> so how many tickets was she supposed to sell?
>> She's only required to sell 50. She said she was going to sell excess of 100.
>> And the tickets are supposed to be sold for how much?
>> $20.
>> It's not 15?
>> No, no, no. This the way that breaks down is for the artist. Each artist as a part of the show, they keep 25% of the ticket sales to help offset their expenses. That's what the money is for.
The tickets are $20.
>> Okay, so how long before the event does she do you realize there's a problem?
>> I called her on Friday morning uh October the 12th just to confirm that she'd be there. It's in Harlem, right where she lives. And uh I was calling her and she said, "Um I was meaning to call you.
Uh yeah, I'm going to have to gracefully bow out."
And I said, "Sweetheart, there's nothing graceful about bowing out a week before the show, you know?" And she said, "Well, you know, I I got to pay $150 for a band rehearsal." She's beginning to give me all these excuses as if this was some first that she's just hearing.
>> What was she referring to though? That there was some band rehearsal that she didn't know she had to pay for?
>> Initially, she was going to have her own band cuz she said, "Oh, I'm in music.
I'm real particular about my music." And >> But she didn't bring her own band. She ended up asking you to get the band.
>> And she knew because it's in contract that she had to pay them $150 for rehearsal.
>> Correct.
>> It is your responsibility to make rehearsal payment directly to the musicians at the time of rehearsal.
Communicate with the music director set up and arrange any and all issues. All right, so so she tells you then now it's 12 days before the event and she tells you uh yeah, I've been meaning to call you and I'm gracefully bowing out.
>> Yeah, well and also let me that's 12 days before the event but three, four days prior to her according to the contract that she was supposed to pay the balance of her money and our production meeting. So the whole show like that Tuesday was our pre-show production where the whole show, all the artists come together, walk through the venue and everything. So it's pretty much like the dress rehearsal where the show is already >> do you think happened? She just couldn't sell the tickets? She had a little bit inflated opinion of her ability to sell tickets?
>> The I think that possibly could have happened.
>> Um yes, ma'am. Um just starting back from the beginning, I did meet him at a mutual friend's birthday party. He said, "I want to feature you on my show." So I was like, "Wonderful, that would be good." If feature means that you take care of everything. And he said, "Okay, there's a contract. You have to sell tickets at $20 a piece. This is not designed for you to make money." And I said, "Well, I do not have a problem with selling tickets." Which I did not.
But as I begin to do my research about him, he had a reputation of uh luring people there as he tried to do me telling me particular people were going to be in the band. I was targeted by being told that Freddie Jackson and Jenny Kemp would be a part of it. And then I ironically see Freddie Jackson on the streets of Harlem and I speak to him about it. And he ironically calls Freddie Jackson's phone as we're standing there. And so Freddie Jackson says to him, "Well, what's this I hear about I'm supposed to be performing? If I'm performing, it's $2,500 up front."
And so after that conversation ended with he and Freddie, he immediately calls me.
"If I tell you something, you don't go out talking to nobody about what I told you. Woah, woah, woah, I'm like, but these are the pretenses that you brought me in under.
>> I I understand, but your contract doesn't say Freddy Jackson's going to be a part of it. Your contract says you're going to do X and he's going to do Y.
>> Absolutely.
>> Right. And then the rest of us mere mortals, when we sign a contract, we have to abide by it. Why are you different?
>> Well, it's not just that.
>> you sold your tickets? Had you actually sold your tickets?
>> Yes, ma'am, and he sold >> listen, let me How many tickets did you sell?
>> I sold a a total of like 30.
>> And that's So, 30 tickets at 20 bucks is 600 bucks. Where'd the 600 bucks go?
>> I refunded everybody their money back once I once he called me the morning that I was going to call him because the night of the 11th, I received an email of a new flyer stating that I was now opening for Freddy Jackson. I said, "That's not in my contract."
>> Who's Freddy Jackson?
>> Freddy Jackson is an amazing artist uh >> Did he end up playing at the showcase?
>> No, Freddy Freddy was not going to be even singing at the showcase. Freddy was being honored as a living legend award.
>> Oh, but it says featuring surprise guest tribute performance.
>> Tribute performance, which was not which were other celebrities that were not being listed. But that >> But you have his picture on the thing.
>> That was revised. That was an email and then I have the email. First of all, can I just say this, Judge?
>> No, I just want to know about the one thing she's complaining about, which is that there's a flyer that she receives.
It says living legend award presented to special guest Freddy Jackson featuring surprise guest tribute performance.
>> Correct.
>> This >> Right, but like the whole idea is it looks like he's going to be >> then it turns out he's not going to be there.
>> finish, please?
>> Initially, Freddy was going to be there.
Freddy Jackson had agreed to be a part of to receive the living legend award recipient. Unfortunately, what happened, he was not able his schedule changed. In my email, it said Freddy Jackson nor Johnny Kemp has confirmed their their their uh participation. And she she was very well aware. She's like, >> What is this?
>> that came out after that.
>> That email went out on the email after >> cuz I want to I want to understand, you know, I mean, look. Sometimes in these situations, what happens is that in an effort to get everybody pumped and excited, everybody tells everybody else about everybody who's being invited because that's how you promote stuff. I mean, that's how it's done. And then like the first question I always ask is has so-and-so confirmed? All of that has really nothing to do with my lawsuit because I am looking at one thing. You sign a contract and you build on the contract and I got to figure out damages. But what I don't understand is why don't you just do it? You're everything's already in process. If you're not lying and you sold 30 tickets, all you got to do is sell another 20. You have 12 more days to do it. Why wouldn't you just Why doesn't it matter to you how you look?
>> Because I became uninterested. Once I spoke with the band director, the MDE, he dictated to me that Caleb Monte had dictated to him how much I was supposed to pay for the rehearsal and I said, "Okay." So I asked within that $150, how many rehearsals do I get? Because we are rehearsing a week and a half before the show. I'm doing covers as well as original music. There is no other rehearsals." I asked him the day of the show, "Will there be a run-through of the show to go through our music again?"
And he said, "No." And I'm like, "I've been in showcases before where number one, I have not had to pay $850 up front to perform, but >> You knew that the day you signed the contract. What changed?
>> That just from me doing that.
>> You just didn't feel like it anymore.
But you know what? That's not an appropriate defense in court. What did you think was going to happen today?
Right? All right. There's two parts to every lawsuit. The first one is liability.
>> Yes.
>> Did you do him wrong? And the second one are damages. How wrong did you do him?
Okay. What do you believe is the appropriate answer to did you do him wrong? Did you breach his contract?
>> Uh absolutely, I did.
>> Okay, so that part's out of the way.
>> [laughter] >> Now, let's talk about his loss as a result thereof. Look at me and tell me, what is your loss?
>> So, is it harder to uh for a singer [music] to make his or her mark um without being on a talent show, given that shows like American Idol and all these others, they just keep producing star after star after star? Is it harder now with them?
>> It seems to me like it's harder because the shows are what makes people watch and brings all the celebrities up.
>> It seems to be the route people take now to become a star. What do you think?
>> Yes, I think it's harder. Most artists go go through Hollywood. Makes it much easier.
>> What do you think?
>> It's harder.
The stars have like now contracts, so it's harder harder.
>> I kind of think so, too. I kind of think so, too. Go to inside the courtroom.
>> You have a lawsuit where you're asking for a thousand dollars, but you're suing for the thousand twice in your lawsuit.
That's what I don't get.
>> two different it's two different uh parts of that because >> Did the ticket include two drinks?
>> No.
>> Oh, then the people who were supposed to be there are supposed to have two drinks.
>> And And I'll explain This is one of the reasons >> Purchased two drinks.
>> Purchased two drinks, yeah.
>> Exactly.
>> And you make all the bar >> That's for the venue, the club.
>> then how are you out that money?
>> Cuz when I don't make my bar guarantee, I have to pay it out of my pocket.
>> Show me the proof of what you paid the bar the place.
>> This is the the contract for the bar itself.
And that's a statement, and this These are my bank statements. I had to pay I had to pay it in three different forms, two different credit cards and cash.
>> How many performers did you have How many top How many top-tier How many middle-tier performers did you have?
>> I had one top-tier and uh the two middle-tier.
>> So, Capone, Gaetano, and Carla, and Joy were each of them were guaranteeing how many tickets?
>> Well, uh Capone is a special guest. He's a celebrity comedian that only came in to do like five minutes comedian. Then So, Gaetano and and Carla only 30.
They're second-tier.
>> Okay, and then Joy?
>> Joy's 50.
>> Okay.
>> And then, Amber was the 50.
>> So, are you saying that you're out the $1,000 in the bar drinks?
>> Correct.
>> You're saying that you're out the the You're saying a thousand, but I'm saying it's 750 on the tickets.
>> So, >> And then, the $300 in band rehearsals because as a result of her bailing, you had to bring two other people in. Do you have proof of having paid the 300 for the band rehearsal?
>> Well, the the music director said >> Come on up.
>> Yep. Right up to the mic, please.
>> And this is the other replacement artist.
>> I know you've been itching to speak.
>> [laughter] >> My question to you is, were you paid $300 in order to audition with the two other people?
>> we had I had to come Oh, these are the two fill-ins?
>> That's one. One of them and then >> And I have affidavit for the other.
>> Okay.
Come on up.
>> You guys switch.
>> And how many days before the event were you contacted?
>> Probably uh I'd say 4 days.
>> Okay. That's all you got? Wow. Did you have to sell tickets?
>> No. Be One of the reasons why because I wasn't featured on the actual um flyer.
>> Did you get paid?
>> No, right?
>> You're not. Okay. Let me ask you a question. You have a a counterclaim against him for $5,000 for slander. Tell me about that.
>> Yes, ma'am. Um after telling him that I wasn't going to do the show on the 22nd, he sent out a mass email to several people and it highlights my name in red and says canceled at the last minute.
>> So, but okay, but where is that slander?
What's the slander?
>> That you sent this out a mass a mass email to all of these people saying that I canceled at the last minute. 2 weeks is not the last minute.
>> Your [clears throat and laughter] your your basis of your slander lawsuit is that you don't consider breaching 12 days before an event last minute. You think that's plenty of time and graceful.
>> Well, you asked for people to try to get horse you are one dead wrong and you are shameless to boot. Let me see that email you sent out because actually you think that this should make him look bad and owe you 5,000 bucks and I think it actually makes you look great. You're actually telling people that she's not showing up rather than people being surprised.
>> why I did it. Her name was on the tickets. I mean because everybody's going to be looking, "Where's this Amber?" So I'm letting them know that Amber's not going to be there.
>> Exactly.
>> But the same the day before I called him, he sent out new flyers saying that Freddy Jackson was going to be a part of it.
>> Stop. Stop.
>> I can't go out like that. I'm a professional.
>> It cost him two things for It cost him three things for sure. Cost him the $750 that you were supposed to give him in ticket sales. It cost him the two drink minimum that I see the affidavit from the bar owner saying that you he fell short of it, okay? And it cost him what he ended up having to pay in rehearsal fees to get two people to fill in at the last minute because he didn't have the person who he'd said was going to be singing up there. You don't get pain and suffering in a case like this. He didn't call you a thief and a scoundrel and something else. He sent an email to everybody letting them know that you wouldn't be there because you canceled at the last minute, which is absolutely positively true, okay? So I find in favor of the plaintiff in this case in the amount of the thousand-dollar bar tab, the $750 plus the $300 in band uh fees for $2,050 on your counterclaim, zero. Good luck, folks.
>> Thank you, Judge.
>> So the plaintiff has collected Oh, Amber, where did it all go wrong?
>> When I signed that contract with him, that's where it all went wrong. And I chose not to perform and I did not perform.
>> No, you didn't, but you're paying for it. Um I don't know if your reputation suffered at all, but you certainly suffered in the courtroom.
>> It's fine. I'll bounce back. I'm not worried. I have a right to pull out and that's what I did.
>> Okay.
>> Thank you.
>> good luck.
Walk this way.
All right, come on in here, sir. Stand right next to me here. Tell me what's what's your reaction to the outcome here.
>> Amber alert. Amber alert. Tell me >> [laughter] >> I mean really honestly I I I I can't believe she's sitting up there lying like now, you know. And like I said, I knew she had sold the tickets and she just pocketed the money because she was low on rent or whatever. I'm not sure, but I wish her the best.
>> How was the show?
>> It was an amazing show, of course. I mean, one of the best band directors ever and I >> Good promos for you here.
>> Five more years. Five more years.
>> Harvey?
>> Thank you.
>> Okay, you know what? The lesson here, you are absolutely, positively allowed to breach your contract as long as you're willing to pay the damages, but the damages have to be reasonable. That will do it for this case. Litigants for the next case on their way into the courtroom right now.
>> Your call has been forwarded to voicemail.
>> Hi, this is Zoey Deutch.
>> And Nick Robinson. [music] Our brand new movie, Voicemails for Isabel, is all about those little moments that feel like the universe is looking out.
>> Feeling [music] homesick, then your sister calls.
>> Hearing that perfect song exactly when you need it.
Sometimes life rigs things in our favor, [music] like learning about your new favorite rom-com, Voicemails for Isabel.
Now playing only [music] on Netflix.
>> This is the plaintiff, Fred Scandale. He says he hired the defendant to do some work on his house, and the guy not only ruined his kitchen floor, his paint [music] job was just plain awful. He also brought his dang dog on the job [music] and let him have free roam of the house. Who does that? When he pointed out the mistakes, all he had to say was, "He can't help that." He wants his [music] money back. So, he's suing for the $853.13 he's owed.
>> [music] >> This is the defendant, Carl Zimmerman.
He says he did a good job for the plaintiff, and the guy's one of those people that just can't be pleased. He's a smooth talker who's never had a real job, doesn't pay his bills, and if anyone's owed money today, it's him.
He's accused of being a crummy craftsman. [music] The defendant is filing a counter suit for $1,700, the amount he's owed for the job.
>> All parties, please raise your right hands.
>> Thank you, Douglas.
>> Brad Scandale?
>> Yes.
>> You are suing Karl's Remodeling and Karl Zimmerman personally for $853.13 damages that you say he owes you to correct a bad paint job and things you say he damaged while he was there. You have a counter claim against him for $1,700 because you didn't get paid a penny for the paint job that you did there, correct? All right, let me hear from you first. What happened?
>> Okay. Good afternoon, your honor, and thank you for your time. I hired Mr. Zimmerman through a barter company.
>> A barter company? Explain what that is.
>> Uh various companies belong to a barter company and you buy and sell in barter instead of cash.
>> All right. And so the idea is that you get to use your talent as payment for things. So you would be able to buy, say, a roof with the monopoly money that you get from having completed somebody's taxes or whatever it is. Okay, so go ahead.
>> So I hired Mr. Zimmerman through the barter company to paint the first floor of my home and the hallway going up the stairs.
>> And the agreement was that you would pay him in barter dollars what?
>> $1,700 in barter dollars.
>> Okay.
>> Not only did he do a horrible job on in painting my walls, but he got the brown wall paint all over my white popcorn ceilings.
And somehow he he ruined my kitchen floor.
>> How?
>> Your honor, I have no idea if he dropped something. I have pictures I I can present.
>> There were two puncture marks in on the floor and there was scrape marks.
These are the two what I call the two holes. And this is a different area of of the scrape mark.
>> Thank you, sir.
>> In one of the holes I was able to put my thumb somewhat through and another my index finger.
>> Okay. Go on.
>> Even though Mr. Zimmerman assured me he was going to come back the very next day at 10:00 a.m.
to take care of all the problems, he never showed up and he walked away.
>> Why didn't he? Do you know?
Huh?
>> He didn't want to do the job anymore.
>> Why though?
>> He thought he did it correctly.
>> Had you filed a complaint against him?
>> I filed a complaint when I saw the damage to my floor to tell them.
>> And then you expected him to show up the next day after you just filed a complaint against him, right?
>> Yes.
>> In retrospect, shouldn't you have had the guy finish whatever he was going to do to correct things and then file the complaint?
Wouldn't that have made a lot more sense?
>> Yes, it Yes, it did.
>> Right. Okay. All right. So, what ends up happening as a result of the complaint?
>> I presented the pictures to the barter company. I told them my side of it.
Because of the pictures and him walking off the job, he was not paid.
>> A penny?
>> A penny. I then had to hire another painter to come in and completely redo the job.
>> How much did it cost you to correct his bad paint job according to you? You're suing for $853.13.
>> Me?
>> Part of it a new floor, part of it the cost of additional paint and $300 to repair the paint job.
>> The painter charged me 1,300 of which was to fix the bad paint job.
>> Hand me the receipt from the painter. I I I just I'm not understanding you.
>> Here's all my The top page is from the painter.
>> If it cost you a thousand to fix it, that's your damages, a thousand to fix it.
Why would you sue for 300? Because why would you have to eat the guy coming to paint? Your theory is because you didn't pay him, you felt like you should pay something?
>> Yes, Your honor.
>> Okay. And I think what you're trying to say is I paid the guy a thousand and since the guy told me it's a $700 job, I am only suing for the excess because I think I should pay something for the job.
>> Yes, your honor.
>> So, but the something was 1,700, not the thousand. Here's what in effect you've done.
You have a lawsuit. You had a $1,700 job that you're supposed to pay him.
I mean, I I I I'm looking AT THAT. THAT'S THAT'S CRAPPY. YOU SHOULDN'T HAVE WALKED OFF THAT DAY LEAVING IT like that. What is the reason that you would have dripping paint like that? Who's putting the paint on and with what? Come on, man. I I paint better than this. Show this to him, please.
Why is there drip marks?
>> Really?
Occasionally you get a drip mark.
>> Yeah, but drips like that you should >> That's why we go back and fix it. What happened was we leave this to the third day >> Right.
>> and we go and touch it up. So, that's really not a big deal.
>> Right. Let me just >> And I I painted in a small room.
>> done? Is that what set him off when he saw the condition of it?
>> I never said we were done. Ever.
>> Okay.
>> I walked off the job.
>> Why did you walk off the job?
>> Because we were threatened and belittled and he was falsely accusing us to doing the floor.
I called the board of company, talked to my broker and I said we really need to get I can't satisfy Mr. Scandale and we really need to get someone down there.
It was a bad situation.
>> He was accusing you of having ripped the floor? He was accusing of having dropped something on the floor?
>> Okay, the floor situation. We were in the building within a half hour. He said, "Jesus, can you do a couple extras for me for the price?"
So, I go, "Sure." He was pulled out the stove and said, "Look, the the floor's curling up. Is there any way you can fasten the floor to the ground?" The whole whole first day goes we paint the We're painting painting painting, putting plastic down, taping and everything else.
Um, we go into the second day and um, he calls me up in the afternoon.
Now we're really pushing, you know, to get this done.
And he says, "You know, you scratched my floor."
And um, uh, I said, "Where? I don't see it."
So my uh, my assistant, I said, "Do you see any uh, scratches?" He says, "Oh yeah, look."
It looked like it was done by a sheetrock knife.
So I said, "How could that have happened?" I'm thinking that to myself.
I'm not saying this to Fred cuz I got a million things going on in my mind. He says, "Well, you know, Carl, there's uh, there's spots on my ceiling. Um, yeah, I'm not really happy. I want the lines straight, this and that." I said, "I'll take care of everything.
You'll be happy when I'm done. Give us a chance."
All right. So um, we continued. That night when I went home, Chris Donis is a witness.
I sent out this message. We listened to the message and it's Fred.
>> Do you have the message?
>> No.
She's a witness to the message.
>> What did he say?
Basically, he was very demeaning, intimidating.
>> No, I don't want your conclusions. I want to know what he said.
>> Okay.
He said, "You damaged the floor in my house.
I'm not happy with the paint job. I expect you to do everything all over again.
You will do what I tell you to do when I tell you to do it. Do you understand me?
Otherwise, I promise that you won't get a dime." Quote, unquote. Then he continued saying, "You don't know who I am. I can make [clears throat] your life rough." Or something along that line.
>> you think he meant by that?
>> Well, he's a bill collector. I guess he could make life pretty rough. But I'll tell you, there's a lot of my friends, okay, who have faced difficult customers and now they're working in Home Depots and Lowe's. It's tough to be out there.
>> I know.
>> Okay.
>> Are you the only person who was there painting, You and your assistant?
>> Mr. Reagan.
>> Come on up.
Did you drop anything on that floor?
No, actually I was talking to you still.
Did you drop anything on that floor?
>> Absolutely not.
>> Did you drop anything on that floor?
When you when he brings to your attention that that there's something on the floor that was ruined, what did you inspect it? You're the one who pointed out the >> the one that could see it. Carl couldn't see it cuz he couldn't get over there.
>> are these tiles? Or how many inches?
>> I'm not I don't remember the size, ma'am. Looked at the picture, I could probably tell you.
>> I'm trying to figure out how big the actual uh thing >> when I saw them, were no more than a half inch to an inch, and they were clean cuts when we saw them.
>> Besides painting, what else were you doing to Is this a house or an apartment?
>> It's a condo.
>> It's a condo. And besides painting, what else were you doing to it?
>> Nothing, Your Honor.
>> You didn't do any construction work?
>> No, the the the condo was only 3 years old, Your Honor. But there was no damage to the floor whatsoever.
>> What did you want to say?
>> Um he also said to us that he was going after the contractor that put down the linoleum.
>> Yeah.
>> And he said that to us because >> No, Your Honor. No, absolutely not.
Anytime I was going after the contractor that put the linoleum down.
>> What were you showing him the tile the the linoleum for?
>> I No, Your Honor. The You can't see the the linoleum if I move >> Why were you moving the stove in order to show him how it was curling up? Why were >> I wasn't I wasn't removing the stove. He was there. I told him when you move the stove, it's curling up a little bit.
>> But you you just mentioned it as an aside.
>> Because I was afraid he was going to pull it and what not know why.
>> pulling a stove?
>> He had to paint behind the wall to >> painting the kitchen?
>> Yes, ma'am.
>> Okay.
>> Are bill collectors typically threatening by design?
>> Extremely.
>> Why so?
They just want to scare you into paying.
>> Absolutely.
>> Is that justified?
>> No, not at all. Yeah, and they scare old people, and it's not fair, and and you know, they're just really nasty. Yeah.
>> Fair enough. Going inside the courtroom.
>> You of course have a counterclaim against him for the $1,700 that you feel that you should be paid. All right.
You end up disputing it with the barter company, and the barter company ends up ruling in your favor.
>> I have a letter from you.
>> You take I saw that, and you take exception to that because you lost or because they didn't hear your side or because what?
>> Because, Your Honor, I called the legal department at Barter, and I asked them about this. I asked the bookkeeper, "Did you Did you consult the painter or anybody else?" So, they said, "No."
If a barter slip is not signed, according to the legal department of the barter company, you don't get paid.
Furthermore, >> slip signed?
>> No.
I couldn't get a slip signed. I walked off the job cuz I was threatened.
>> Let me hear from the wife a second. I'm sorry.
>> Ma'am, >> Come on up. Were those holes there before he got there?
Let me see the receipt for the floor.
>> It's in the expenses, Your Honor, right?
And Your Honor, I tried to mitigate my damages. I I purchased the cheapest flooring that they sold.
>> I have a question for you. Do you have any evidence, any email traffic, anything like that that would show that you were willing to go back there?
>> Yes, the contract. Contract. We were going to be there 3 days, as Mr. Scandale said. 2 days we worked. 3rd day was the touch-up that he was supposed to put together. That he claimed when he left the message said he the whole thing had to be redone.
>> All right. All right, we're done.
Here's Here's what I think.
I believe them on the floor.
People know whether their floor has was damaged beforehand or not. I would really have to find them to be so conniving that they pinned that on you even though they both know it was already there, and I just don't see that. Does that mean you got to buy him a new floor? No, it doesn't. It means that part of that is something that he needs to absorb, either a repair cost or a portion of your new floor, cuz otherwise, you got a nice new floor that's not curling up, and bone ends it for you, and that's not what court is about.
So, I'm going to order that you pay for half of the cost of the vinyl flooring.
That's $237.79.
I know that he paid a painter, according to the painter's affidavit, $1,000 to fix the things that needed fixing. In court, what I have to do is order the reasonable costs of repair.
I am a contractor's daughter. I am a contractor's sister. I have painted a bajillion places, okay? So, it's not a $1,000 job.
I'm going to very generously call that a $500 job.
That means $737.79 is your damages. Now, your damages are $1,700, because you didn't get paid at all for the job. So, I take the $1,700, and I subtract your damages, and I order a net judgment in your favor in the amount of $962.21, which is the $1,700 minus what I find to be your appropriate damages.
Got it? Good luck, folks.
>> Thank you, Judge.
>> Well, that was an interesting explanation and an interesting ruling.
What is What is your reaction to it?
>> Um I'm shocked.
>> You're shocked.
>> He he I I treated him with respect and dignity. I didn't have a bad conversation over the phone. He made all that up.
>> About you threatening him?
>> I gave him an opportunity to come in. He refused to come back, and I called him, and then he agreed to come back, and he didn't show up.
>> Well, what could a bill collector do? I mean, what could you threaten him with?
How What do you do to collect the bill?
If someone's not paying, you get the brass knuckles out, or what do you do?
>> of all, we have an A+ Better Business Bureau rating. We're very professional.
>> You didn't twist any arms?
>> No, sir. No, sir.
>> All right, right around the corner this way and um the house is painted, it's finished. He got his paint job. Step on in here and you wound up getting paid for the work you did. Are you satisfied?
>> Well satisfied. And thank goodness we've only been to court once. I don't think I could take this.
>> I mean well, like the judge said, maybe you should have sucked it up as a pro and finished the job.
>> Absolutely not.
>> What do you imagine his threat consisted of? What what did you think he could do?
>> Well, they called consumer protection and wrote a big long letter and our consumer protection protection I've I've an absolute clean record, but people call consumer protection to see if you have any problems.
>> It's a bad mark on his name.
>> And what happened was he called consumer protection and they wouldn't accept a allow the complaint.
>> Over to Harvey.
You know, damages are always measured by what it takes to put the non-breaching party back in the position that they were supposed to be.
>> You can't reason with the sun. Trust us.
We've tried. This summer, [music] it's time to put that angry ball of fire on mute. Columbia's Omni-Shade technology is engineered to protect you from the sun's harsh rays that can burn [music] and damage your skin. The sun is relentless, but so is our gear. Level up your summer at columbia.com to spend more time outside and less time slathering on aloe lotion. You're welcome. Columbia, engineered for whatever.
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