In landlord-tenant court cases, when a tenant files for rental assistance, the court automatically grants a 2-week stay on the case, requiring the tenant to file updated documentation within 5 business days; this legal mechanism protects tenants' right to seek housing assistance while preventing immediate eviction proceedings.
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Karen Will Karen, Even In CourtAjouté :
What's going on? How's everyone doing?
>> Shout out to everybody else who's cool with Colin.
>> Shi, I didn't say >> eat your popcorn >> and your Coca-Cola and relax.
>> Anyway, tell Colin I'm ready.
What's going on? This is Colin. How's everybody doing? I hope you're having a great day so far. Happy Wednesday. Happy Wednesday. Hope you had a good day. I had a good day. Hopefully you guys are too. Uh you want to watch some court? I want to watch some court. Let's watch some court. What do I have tonight? I've got three cases, all with potential Karens. In my opinion, all three of them are. But uh my car on radar sucks. It really does. So there's going to be people that say those aren't caring.
Those are just people complaining. Not always the same thing, but I think I might got at least Let's say this. One out of the three definitely a Karen.
Maybe two out of three if I'm lucky. I probably won't, you know, probably not all three, but we'll try. We'll see. Um all three of them are good though. First one's a landlord tenant case where the tenant comes in and uh well, she owes a lot of money. And yeah, it's one of those tenants that have a laundry list of complaints. And yeah, second one is someone who is suing her former attorney because uh they sent the attorney sent her a bill she didn't like. H And then the last one might be the most petty lawsuit I've ever seen in my life. So yeah. Um, that's really all I'm going to say. You guys ready? I'm ready. Before I hit that play button, you know what to do. Hit the like and subscribe. Do your jump kick back lips. Let's go.
>> All right. I see what you're referring to, Mr. Mskinus. Okay. So, uh, we'll recall it. It's 2601086LT.
K&B Holmes versus Maria Ziggler. Your appearance, council. Your honor, for the record, Castus Mskinus P32441 for the plaintiff.
>> Thank you, Miss Ziggler. Your name, please.
>> Good morning, your honor. My name is Maria Promise Ziggler.
>> All right, very good. This is the date and time set for a first pre-trial in this matter. Um, I do see that Miss Ziggler has already filed the form, the DC539 form, um, indicating that she, um, has applied or is planning on applying for rental assistance. Miss Sigler, have you actually made that application? I don't see any reference to a um, a name of the organization you've applied to or any um, application number or anything like that on the form you filed.
>> Thank you for asking. It will be with Michigan Department of Health and Human Services. Okay. And have they give it will be? So, you haven't made the application yet, but you're planning on it. Is that fair?
>> Yes.
>> Okay. All right. So, Mr. Mskinis, um, court rules, statutes allow, uh, Miss Ziggler to do so. And what that does is put an automatic stay on the case for 2 weeks. Um, so I'm going to reset today's pre-trial for two weeks. Miss Ziggler, you are required by law to file an updated form, the DC539, within five business days. Okay? And that the next form needs to have that application number on it and proof that you've applied. Do you understand?
>> Yes, your honor. Um, I have a question.
Has there been a proof of service filed?
>> We don't have a proof of service, but you're here today. So, how if did you >> um My concern is that there may be a defect in the proof of service and the case should be dismissed. I wanted to bring to your attention that the um summons that was served to me was placed in between the door and it was not physically handed to me and I wanted to request that you review the proof of service and see how the summons was delivered if that complies with uh court regulation.
So, the issue, we can talk about that in a couple of weeks. I'll take a look at it between now and then, but I'll just tell you that the point of proof of service is to make sure someone is aware of the next hearing. And, uh, by your appearance today, um, it's clear that you were aware of the hearing. So, I'll take a look at it and you can make your motion with regards to the issues you have. Um, and we can discuss that further after the stay and you've applied for the rental assistance. Okay.
>> Uh, yeah, you're in court, lady. I like I understand the argument on proof of service in some situations, but you're sitting here in court. So, congratulations, Cynthia Stitches and Stamps. Thank you so much for the year and a quarter, 16 months. That is awesome. Thank you.
>> Um, I wanted to ask you if you believe that the case should be dismissed because of a defect in the proof of service.
>> So, at this moment, I do not. Um, but I will take a look at it and uh we'll have an opportunity to have that argument.
You heard it everybody. Cynthia is now here. We can now have fun. That is a direct order in >> two weeks about whether or not the case should be dismissed for the lack of proof of service.
>> Okay. I also wanted to bring to your attention that um I spoke with the building official, Mr. Jason Craig for Royal Oak and I have concerns that this case may be a retaliatory inviction. Um, on the rental registration, I wanted to highlight that the described premises should have been visually inspected in compliance with Royal Oak City ordinance at the time that registration was issued, September 27, 2024.
Um there was no visual inspection completed when that registration was issued and at that time there was already significant concerns about the condition of the property and there still has not been an inspection because it's a condominium and they only inspect the exterior. I also wanted to let you know that a electrical box was installed in the basement without a permit and uh Jason Craig issued a fine to K&B Holmes and Mr. William James Adams and the permit was requested and has since been added. So that that was done without um the knowledge of the city of Royal Oak and they didn't follow any inspection guidelines.
>> Okay. Um those are things that are likely going to be considered trial issues. So if we get to the point of having a trial, then you'd have the opportunity to make those arguments, subpoena witnesses to appear um and and uh validate some of the claims that you're making or submit evidence. Um but I've to taken some notes and I'll we can consider that as we move forward. Was there anything else for this morning, Miss Ziggler?
>> Yes, I am interested in filing a motion and order for escrow um which is form BC 109. I have requested significant repairs over habitability.
>> Lady, you owe a lot of money in escrow.
This is weird. You know, usually a tenant will put money in escrow. You know, it's like, hey, I'm paying this, but you need to do these repairs before this is released. That's what one of the reasons why escrow exists. But she's asking the court to set up an escrow.
Why? That the attorney should be doing that. It's like, "Oh, you're going to appeal? Well, then let's put this everything in escrow." Or you want to continuence for whatever. Let's put it in escrow. Not just because uh hey, I want to put it in escrow. How about you pay your back rent first? Let's focus on that.
concerns during the duration of my stay and those repairs have not been started or completed and I have concerns with regards to the lease agreement.
I have serious concerns about violations of my rights. The landlord has a duty to maintain habitability at the property and that has not occurred over four and a half years. I I have significant items that I want to bring to the court's attention and they are not in compliance with state guidelines from Lancing about habitability timelines for repairs.
So, uh, I think we're going to run into a bit of a problem with with an escrow order. You've you've indicated that you intend to apply for rental assistance, which mean that you have an inability to pay rent.
>> Um, an escrow order would be um a a court order where um an individual has the ability to pay rent but is withholding it because of issues with the property. Um, and so those those two things can't really exist in the same case. Um, I I don't think I guess I don't think you'd have a very successful rental assistance application if you in fact have the ability to pay and are just withholding it because of issues with the property. Um, so I What is your response to that? That's I guess I'll start there.
>> Yes. So after the brief adjournment then I would file the motion for um form BC 109 for a motion in order for escrow and I am going to request a jury trial. I am seeking a rental abatement of 40%.
There's been a breach of contract in my lease and the maintenance has not been done up to the standards described in my lease agreement for over four and a half years.
>> You did uh view the uh video this morning in the breakout room. Correct, Miss Ziggler?
>> Yes, I'm seeking legal assistance and I have met with multiple organizations. I've consulted with over five attorneys and I'm planning to attend a workshop or seek additional legal assistance.
>> I have a couple questions about the video. You you heard the video. You acknowledge that you were advised of the rights you have at this proceeding.
Correct.
>> Um yes, your honor.
>> And as part of that, there was the description of the process of demanding a jury trial. Do you recall that advice that was in the video?
>> Yes, I believe that that would be handled following the brief adjournment.
Um, I do have witnesses. I live in a deflex and there's and this is managed by an association and Mr. William James Adams has had significant uh repair issues with the other property in this association and has been denied the opportunity to purchase a third property against association guidelines.
There have been significant repair and habitability issues in the other property that he currently is leasing on the same street on Woodland Avenue.
You're kind of getting you're getting a a far a field of the issues that I'm >> Yeah. Uh she likes to talk, that's for sure. And she's consulted with a lot of attorneys. She's also read every single book behind uh Mr. Miss Guinness the attorney. I don't know. I probably butchered that last name. Yeah. She's she's read all the books and she I can't wait to you know for her book report on the workshop.
You know, I got faith in her >> trying to address here and those are all things that you'll have an opportunity to address in a trial setting. Okay. Um, but what I'm getting at is you are correct. The uh representation that you're going to apply for rental assistance does automatically stay this case for 2 weeks. But if you are intending to preserve your uh right to jury trial, then I need you to keep in mind that after those that automatic stay, um there's a process to doing that which you advised of today through that court video. Okay? So, just keep that in mind. Um but I think we're all set for today. We're going to adjourn for two weeks um with the automatic stay in place >> um according to Miss Ziggler's representation that she's applying for rental assistance. Anything else for this uh for the record this morning, Mr. Miss Kennis?
>> Yes, judge. This uh matter came up before the same court in March and it was dismissed on a technicality because the the client when they sent the notice, they put the wrong uh the wrong LLC on the notice. So the case was dismissed on that technicality. Uh >> oh absolutely I can abs Yes. Yes.
the uh in the course of that matter which preceded in March, we made numerous attempts uh to to get into the property to view the property to do any kind of repairs that could be that may be required and she did not allow us access for the last she hasn't paid rent since December and access has effectively been denied that whole time.
Uh in March I wrote her a letter. I told her I would be available uh 10 hours a day for the next 5 days to get into the property. The client has has written emails to her. She didn't respond. So, I assume that the defenses she's going to raise are going to be similar to the ones that she raised two months ago. But so far, no answer has been filed. She hasn't given me any specificity as to these defects. So, we're in a little bit of a position where we don't know how to respond. We would like to get into the property, view the property, do any repairs, and have our witnesses view the property uh in preparation for trial.
So, I would ask for an order order of cooperation or order to allow us to to get into the property and to do a full examination of the condition of the property.
>> Miss Sigler, your response. Your honor, unfortunately, that is dishonest. I also know that um >> Well, let's let me just let me simplify this a little bit. Okay. So, I I understand that there's frustrations back and forth about a prior hearing. I don't believe that was in front of me.
Was that Mr. McKinnus?
>> No, it wasn't. Judge.
>> Okay. Um, so I'm starting fresh on the case and I understand that there will be a time and place where we can talk about all of the um the things that have gone on on either side here that um are are creating these frustrations and disagreements. Um, but right now what's before me, and this is what I want you to address specifically, Miss Sigler, is Mr. Mskinness is asking on behalf of the landlord that he have the opportunity to enter the property um and and and address any of these concerns you may have about um issues that are are pending in the court or haven't pending in the property or haven't been addressed appropriately. So just with regards to that request on on this date and time today, Miss Ziggler, do you have an issue with the court setting up a time where that can happen?
>> Yeah, she does have an issue. You know how intimidating it is to be a prosay in any type of legal case with someone with a P number that starts with a three?
Come on, man. That's I think that might be the lowest number I've seen, man.
>> Your honor, even if those repairs were made currently, that would not change the condition of the property during my four and a half years.
>> Of course not. Of course not. you you will have the opportunity to to make those arguments about all of the reasons why rent has not been paid or has been withheld that that you will still have your day in court, but why why stand in the way of correcting it now? Why if you don't like the way that it's going and and living in that property that way, let's have them address it, right?
>> Um I have had numerous >> Oh, don't lie. We we all know that's that's Mr. Vincent that uh usually is in Mr. Judge Simpson's court. Wow, I just almost called him Mr. Simpson. Uh but yeah, P number one is definitely Mr. Vincent >> efforts spoke to Mr. William James Adams prior to these hearings and brought these matters to his attention and his agents. I have emails to document my requests for repairs and he chose not to be concerned with habitability issues.
He leased the property to me in this condition and he sent me a request to renew my lease requiring me to pay $1,000 for repairs to his property which is violation of landlord tenant rights and he has >> Okay. So, let me let me just simplify it a little more for today. I'm I'm going to allow them to enter the property and address the concerns that you have.
Okay. So now now I want to move on to what I don't want to just make that on a willy-nilly date and time. What works for you? Um in the next two weeks, when can we have uh an opportunity for Mr. Mskinis and his clients to to come into the property, take a look at the complaints you have and and start to address them?
>> Um my concern is that the escrow account would perhaps then not be required for additional repairs.
So, the escrow is not not um um it doesn't it doesn't typically on an escrow account, I'm not going to require that you make all of your back rent payment into the escrow.
It would be a forward- facing thing, right? So, if you stayed in the property and you felt that there was ongoing needs to withhold rent, then yes, you could be an escrow account in place. And that's really honestly more to protect the landlord than to protect the defendant. I don't really get too many motions from uh tenant land defendants in a a landlord tenant case asking the court to set up an escrow account. Um and so it's it's a bit unusual to have that motion come from your side of the table here. But that being neither here nor there, I think the interest of everyone is to make the property habitable moving forward. And like I indicated, I'm I'm going to allow them to do that. I just want to hear from you. What when is a good date and time for that to occur? So, we're not we're being as uh least intrusive as we can be on your schedule.
>> I just am not sure that they have true intentions to follow um Royal Oak City code or will. My habitability concerns have involved um multiple items. There's a leaking faucet in the kitchen and I've had to pay extreme water bills for four years and wasted city water that has never been repaired. The kitchen window has a broken seal and I have had significant cost to heat the property.
The window is original to my condition and move in. And the microwave is from 2001.
It is now 2026. It is 25 years old.
There was no effort during the entire stay to ever replace that. It does not heat anything properly. And >> all right, the microwave's not working.
Okay, she should live for free now.
I I mean I'm This might be the first landlord tenant case that I've ever seen where someone complained about a microwave. That's new.
Technically, it's the opposite of new.
It's 25 years old. Still works though.
Microwaves never break, right? That's why you don't see commercials for them.
They never break. I think I have an air conditioner unit from 91 on our house.
So, some of these things that were built a while ago, I tending a little longer than they do now. But I if it's not working right, I understand your argument. Thank you. And the dishwasher has significant rust which is a health code violation. It has been leaking on the hardwood floor during the whole four and a half years of my teny and there and it was like that at the time of my move in condition. There was no inspection done and in addition to that there was septic material in the basement. The city of Royale Oak has not had a city main service from the department of public services to confirm why that was. It is not possible to use the dishwasher, the shower, and also operate the washing machine at the same time.
>> Okay, let me interrupt you again here, Miss Ziggler. So, um, this is what the court's going to order. I want you to put every every uh complaint, every issue, every concern you have in writing and email that to Mr. Missskinnis here by Friday. And then Mr. Mskinnis, what is your um suggestion for a time to get into the property the the following week, next week?
Oh, I think we lost Mr. Mskinnis for the moment.
>> Oh, we can hear you now. Go ahead.
Your honor, >> lost connection for a second.
>> Yep. I got Mr. Mskinis. So, Mr. Mskinness, if you didn't hear me, the court's order, and I'm going to ask you to reduce this to writing here eventually for me to sign it. Is that Miss Ziggler is going to be directed to uh email you a list of repairs and uh issues by Friday. And then I want you to propose a date the following week on when uh you and your clients uh represent representatives can get into the property for inspection and uh uh review.
>> Very good. Your your honor, may we make a motion for escrow?
>> Can we finish up this one first and then >> All right. So um so by Friday, Miss Ziggler, you're going to be ordered to get that list to Mr. Missskinnis. Mr. Miss Guinness, next week. When would you like to view the property?
>> Um, it's the uh uh how about uh either the 19th or the 20th? Anytime. Uh 9 to5.
>> All right. Migler, then which day looks better for you?
>> The uh 22nd.
And I'm concerned that this appointment you're suggesting would not occur prior prior to the 14 days and we would need more time before we meet again um with the two week um extension that would be granted for me to file for rental assistance.
>> This is these are things that can happen in conjunction. So, um, again, the list of repairs by Friday. Um, and again, the 19th or the 20th, which one works better for you, Miss Ziggler?
>> Uh, with the 22nd not be a possibility.
>> You're on. I'm out of town on the 22nd.
>> All right. 19th or the 20th, Miss Ziggler. And it's 9 to5, so all day long. Which one works better?
>> The 20th.
>> 20th. What time?
>> Um, 400 p.m., >> your honor. Um, possibly a little earlier.
>> Miss Sigler, again, it sounds like there's quite a few repairs that you have. I Is an hour going to be enough time for them to have a meaningful opportunity to look at everything?
>> In the past, I have had Mr. William James Adams visit the property. I've shown him all the areas of concern for repairs, and he has told me that those are the responsibil >> Whoa. Whoa, whoa, whoa.
Didn't she say earlier that no one's stepped foot in her apartment in the four and a half years she's been there?
Did I I didn't make that up, did I? Feel like that was one of her arguments.
>> Of the tenant. He asked me to complete window washing at my own cost. He's also refused to clean air vents. He's additionally asked me to paint drywall for his own property.
>> I'm gonna interrupt. I'm gonna say it's the 20th at 3:00. Okay. So, we got two hours in the day to finish that um finish that up. So, 20th at 3:00. All right. Mr. Mskinnis uh had another oral motion with regards to escrow. U Miss Ziggler has asked for escrow. So, I don't know that there's an update to it.
>> We're in agreement.
>> Right. So, um, >> your honor may just by way of context, uh, currently there's $9,870 that's owed. She has not >> Boom. I was waiting for I didn't want to spoil it. She owes $10,000, people.
>> Yeah. Uh-huh.
>> Paid rent since December. And our position is that these these items that she's raising are dimminimous at best.
You know, window seal uh compared to the 10,000 that she owes. And we view the entire matter as just pretext delay and trying to for her to stay as long as she can without paying.
>> Well, I I understand that there's two sides to every story and that's why we're in court. So, we'll get to the bottom of everything. Everyone have an opportunity to make your arguments. Um, but uh what is the monthly rent?
>> 1575.
>> No, the amount has been changed to 1640.
Mr. William James Adams increased the amount and he also told me that he would like me to vacate in the spring so he could re lease the property and raise the rent. And I have been a victim of discrimination.
>> Again, we're going to get to those arguments, okay? But right now, I'm just trying to keep focused on the request by both parties that the court open an escrow account. Your honor, uh there was as when the lease expired, she became a month-to-month tenant. There was some verbal agreement the rent would go up to 16, the the number that she mentioned.
But your honor, uh in my in my complaint and supplemental complaint, I'm only asking for$,575 because I'm sticking to the lease and her holdover status.
>> Okay. Uh when was rent due?
>> It's due on the 7th.
>> The 7th. And this matter was filed what?
on the >> April 10th.
>> April April 10th. Okay.
>> Rent can be submitted until the 14th of the month, I believe, without >> any additional fees.
>> You uh Miss Ziggler's ordered to make her rental payments to the court's escrow account in the amount of $1,575.
Uh May rent is due forth with um and so you can get that payment into the court as uh let's say by Friday. Is that an issue, Miss Ziggler?
>> Um I would like an extension because I'm applying for MDHHS assistance.
>> Okay. Yeah, that is true. I don't know.
>> Your honor, that number is 1595. Sorry.
>> 95. Excuse me. You know what? Um Mr. Misskinness. Um, I kind of got distracted by our other uh argument here. Um, Miss Ziggler has made the representation, I think, back and forth and it's it's fair to make an argument that I that I don't know that she's going to actually be successful in her rental assistance request, but in this moment, she's made a representation that she's going to file for rental assistance. Um, and and there's some confusing motions also by Miss Ziggler that she wants an escrow account open.
Um, but I don't think it's right for the court to um at this time order an escrow where we have a pending rental assistance application. So, uh, I'm going to table the escrow issue until we come back, uh, in two weeks to see what's comes of this rental assistance.
Um, so the motion, I guess, by both parties is denied at this time with regards to escrow. and uh we'll see everybody back in two weeks and just >> if they're both asking for escrow like I mean I like how they're both asking for it and then the the tenants like no I don't want it a this case >> discuss that a little more. Okay, >> very good. What is that date, your honor? Uh we're looking at uh the 27th.
>> I'm sorry. The court's not here on the 27th. It's going to go out to the 3rd.
So it's three weeks.
>> That works.
>> All right.
>> It would be the third. the third.
>> I'll be sent notice in the mail.
>> You will? Yes. But it'll be the same Zoom room uh with me on the 3. It just goes a little later in the morning to 9 o' or excuse me 8:46. So we'll see everybody here on Zoom 8:46 on the 3.
You'll get written notice, but I'm also giving you oral notice right now. So u make sure you're here. Okay.
>> Your honor, I still am interested in pursuing rental abatement and >> Right. So, we're not to that point yet today, but I understand that's your request and you might want to file an answer. Court can't give you legal advice, but um if you're going to pursue some kind of defenses to the um to the claim here from Mr. Mskinis' uh um clients, then you you probably want to file an answer and you need to look into how to do that. Okay. I have concerns that the attorney on record is trying to dismiss my um concerns about the condition of the property at the time of move in and that even if they attempt to make repairs at this time, that will not change the condition of the property for the past four and a half years. And yet I have paid an extreme amount of money for my teny, none of which has ever been refunded to me. And those repairs were never made. And so if you review my lease agreement and the document that they filed, um, on page three of seven in my lease agreement, section number 12 describes the property owner's obligation to repair and maintain.
Again, those aren't issues for today's first pre-trial. You've made your record. Uh he made clear your concerns.
Obviously, Mr. Mskinus has also made his uh response to those concerns and what he believes to be the case. And again, there's disagreements between the parties and that's where the court comes in to solve those disagreements, but that's not for today. Okay? So, again, make sure you uh protect your rights here with regards to your requirement to file answers and preserve your arguments moving forward. Um if you need to consult with an attorney, you should.
But I think we're concluded for today.
The automatic stay is in place until uh we see everybody back here in three weeks. All right.
>> Thank you, your honor. Have a good day.
>> You too.
>> Thank you, Judge, for the opportunity to have been heard. Have a great weekend.
>> You too. Bye. Bye.
>> Thanks.
>> Bye.
>> Nice meeting you.
>> Pleasure.
Pleasure.
>> Judge, I'll present that order that we discussed. Very good. All right. Thank you.
>> Byebye.
Ah, the most sarcastic way to say, "Oh, it was nice to meet you, too." Just a pleasure.
Oh, that one was fun, right? Yay. I can't wait to see that in three weeks. I know it's going to be as painful as this one. Oh, I can already see it. And that hearing was finished 20 minutes ago, and somehow they dragged it out for 20 more minutes. Uh, anyways, we're going to move on. Uh, let's see what judge. I don't remember what judge, >> but we're going to uh wait, why is that red?
Did they change something? I saw the red and I got really excited cuz red you red is uh like $50 and up, I think, for a super chat. So, I saw the red. I'm like, wait, that's weird. I think they changed their colors. Phil, thank you so much for the five gifted memberships. I appreciate it. Uh, welcome to the five new members. Phil, you are awesome.
Thank you. Yeah, I I still don't know why it's red. Maybe they changed it. I don't know. YouTube's always changing stuff. It looks Oh, hush it. Hush it. I brought up on the screen. It's absolutely red.
Um, all right.
What was I going to say? Speaking of um What was I gonna say?
I lost I lost my train. Oh, yeah. I announced it last night. Um, I will be gone in about a week and a half for about three or four days. Gonna, you know, hang out with Heather for her 40th birthday. I need to stop saying that.
You guys yelled at me last night for for saying how old she was. Probably shouldn't do that. But, um, yeah. So, just wanted to remind you guys. I'm going to be reminding you till it happens. Just so you know, you don't miss me too much. And, you know, if you wanna, you know, drop a little tip in the in the PayPal for, you know, support for the couple days, that'd be amazing, too. I would appreciate it. All right, next case. Let's go.
>> Okay, next matter is Brown versus Shephard, case number 26 00078R GC.
Um, >> good morning.
>> All right. Good. Good morning. I'm sorry. Uh, is Donna Marie Brown present?
>> Yes, your honor.
>> Okay. Good morning. And uh uh Good morning, Mr. Shepard.
>> Good morning.
>> Okay. This is uh plaintiff's um motion uh or uh I guess go back to the motion. I read it yesterday. Uh, it's regarding uh discovery requesting uh additional responses to discovery. Is that right, Miss Brown?
>> Uh, yes, your honor. I have a something I'd like to read um when you're ready to discuss why we're here.
>> Okay, go ahead.
>> Okay. Um, so for discovery, I had sent Mr. Shepard uh 20 interrogatory questions and 20 requests to produce.
Um, and I also had a follow-up meet and confer email sent in April of 20 26. Mr. Shepard's answers were broad and vague, and I would like to compel the court with this motion to have Mr. Shepard clarify some of his answers. Um, some of the things um, I'm asking for is if there is any separation in billing between the retainer and hourly billing thereafter. Um, if there is no differentiation, then how is Mr. Shepherd able to come up with a bill in February of 2026 for the amount of $16,625.
This was the one and only bill that I ever received by Mr. Shepard, which was produced 11 months after the start of representation and 3 months after the termination of Mr. Sheepard. He must have some tools or time logs or journals how he was able to come up with the statement three months after representation and as it wasn't available upon termination in November of 2025 any statements. So what I'm trying to figure out is what Mr. Shepard used to refer to in order to calculate all of the time in this billing. um his answers and so far that he's produced many of them say none exist or um has already uh provided and so I'm just looking for clarification um mainly how did he come up with the billing if he had nothing to refer to and also the monthly statements um if none exist why not and um regarding uh answers already sent or doesn't exist it's not very clear um I want him to produce to clarify what was sent, dates things were sent, and what was specifically included rather than just a vague statement already sent to client or doesn't exist. So, I'm really just looking for clarification um in these vague responses. And last, um the clarification that um I had requested in the meet and confer on the 4 hours of billing prior to um the start of representation on April 16th. um his he he advertises free consultation, but yet I was built for these four hours prior to uh representation. So, I'm just trying to figure out how is he either misleading the court or is this some sort of fraudulent thing um with advertising this um uh free consultation and then billing me for 4 hours prior to our start of our contract.
>> Okay. Uh response, Mr. Shepard. Your honor, this case is not a billing dispute between myself and Miss Brown.
She filed a claim for breach of contract against me alleging that I didn't perform certain legal services for her.
And then she filed a claim for unjust enrichment which does not uh lie in the law when you have an express contract.
So that claim will need to be thrown out ultimately here. Um and then the third claim that she filed was for unlawful retention of a client file which is not a claim that sounds in contract or to or there's no such legal or equitable claim for retention of a file. So that claim will need to be thrown out too. So we would be left with breach of contract for not performing certain legal services. This is not a billing dispute.
I didn't sue Miss Brown as of yet for the money that she owes me for legal services that I provided for her. Um, if that lawsuit comes to fruition, then Miss Brown can assert whatever uh arguments that she's trying to make with respect to billing and my billing of her uh for the legal services in that dispute in that legal dispute. But this is an allegation of breach of contract and there's there's no relevance of any kind whatsoever nor could lead to the admission of any relevant evidence with respect to her claims. Um and I can answer the question to the court. I mean to say how do I come up with >> All right. Real quick, did anyone else see Chrissy raising her hand? Oh, she's not a part of the case, but she has something to say. Absolutely does. And yeah, four hours isn't really a consultation. The one time I needed legal advice and did a free consultation, it was about 20 minutes.
That was it. Uh, four hours. Come on, lady. Um, real quick, Alan, thank you so much for the 10 gifted memberships. I appreciate it. Welcome to the 10 new members. That is awesome. And uh, yeah, you're right.
I actually I opened it on my phone to to see the chat and it is green. It's weird that it's red on mine and green for you guys. So, that must be a Streamyard thing. Oh, well, now we know.
>> My billing. Well, it's it's fairly straightforward, your honor. I have emails, I have text messages, I have phone calls, and I look at them and I document which emails went out and to whom and from whom, and then which phone calls went out and to whom and from whom, and how long they were. and then I create a billing invoice. Uh that's what happens. I don't know how much clearer I can be on that and I think I have in fact answered those questions truthfully, clearly. It's not vague.
There's nothing ambiguous about my responses or my answers. Miss Brown just doesn't like the answers. Um, and so she's, but again, she's trying to turn this breach of contract action into some sort of a billing dispute with my office, which is not for you to decide, and it's not for I mean, she's obviously brought these issues with the Attorney grievance commission, but that's not for them to decide either. Um, that's something that would be in a civil court proceeding if I sued her for breach of contract for not paying me for the legal services that I provided for her. So, her motion to compel should be denied outright. I filed my written response.
Um, I think this is nothing but legal harassment from Miss Brown against myself because she doesn't like that I sent her a bill. Um, she doesn't want to pay it, I'm sure. But, um, but this is not the issue that is before this court in terms of the breach of contract action. So, I'd ask you just to deny her her motion and issue an order accordingly. Thank you.
>> Thank you.
>> And, Judge, may I speak? Um, I actually am the one >> She's not a party to the case, >> right? I filed a nonparty uh motion to quash because she also used this case that I'm nonparty to to obtain my private personal information.
>> Ma'am, are you an attorney?
>> No, sir.
>> Okay. So, there's nothing pending uh involving uh anyone by your name uh in this case at this uh hearing today. And so, >> I have an email, sir.
>> Please, >> I have an email.
>> Please mute yourself, ma'am. uh you are not participating today. This is not your issue.
>> Thank you, your honor. Um this party has um had a history of following my cases and and harassing me. So, thank you.
>> She has a >> and she's going to have you removed from the screen if you continue to talk. I'll proceed to court >> may be in contempt of court if you are interfering with the court proceeding which you apparently are at this moment.
So please mute yourself or you will be removed from the screen.
Okay. Well uh so Mr. Shepard, it uh you know, you indicate that the uh uh billing dispute is not the subject matter of the uh uh of this lawsuit, but it's my understanding that that's the contract that uh is claiming to have been breached as your agreement to uh provide legal services uh at at a charge to uh Miss Brown. And so I would I would suggest that uh perhaps it is uh the subject matter of this breach of contract claim.
um you know, you've made statements apparently about how you uh do your billing and uh I did read the uh the interrogatories and the responses and um you know uh Miss Brown, I guess you know the the fact that there's not enough detail or there's not some documentation to support what's indicated in the responses. Um I I mean that may just be the facts of the case.
Um you know I am uh I guess for further clarification rather than to continue down this road of sending questions and then not being uh uh satisfied with the responses. Uh I I'm I'm going to deny the the motion to um uh to uh to allow additional interrogatories or to require further answers. But I am going to allow uh that you could take Mr. Sheepard's uh deposition if you want to ask him questions under oath uh to get uh full clarification of uh the issues regarding the billing. So, I'm going to allow discovery for both parties uh for an additional 30 days to allow uh depositions of uh Mr. Shepard and uh Ms. Brown. Is there a need for any additional depositions, Mr. Shepard?
>> No.
>> Okay. Uh Miss Brown, any additional depositions?
>> Um yes, I I'll take the opportunity to do the deposition so we can get some clarification.
>> Oh, and Mr. Allen made an appearance.
Man, that means I made an editing mistake. Hold on. Gotta fast forward.
Hopefully that that's a good Yeah, hopefully that's good.
>> To allow uh depositions of uh Mr. Shepard and Ms. Brown. Is there a need for any additional depositions, Mr. Shepard?
>> No, >> okay. Uh Miss Brown, any additional depositions?
>> Um yes, I I'll take the opportunity to do the deposition so we can get some clarification. Um, I I agree that's a a great idea.
>> Okay. So, you'll need to schedule a uh a court recorder and schedule a deposition with Mr. Sheepard to that works out for both of your schedules and uh I'll give you 30 days to do that.
>> Okay. I appreciate it. Thank you, your honor.
>> You're welcome. Anything else, Miss Brown, today?
>> Um, no, that is all.
>> Anything else, Mr. Shepard? Would you like me to prepare an order, your honor?
>> That would be great. Thank you.
>> All right. Thank you.
>> Okay. You're welcome. That's all for the record.
>> All right. All right. That one was fun.
And yeah, we all need to know the tea of what's going on with her name Christie.
Yeah. What's going on? I want to know.
Uh we may we might see the followup. Ah or maybe we'll see them suing each other in court. I don't know. All right. Uh, we're moving on to the last case. This one, h, this I said in the intro, this might be the pettiest lawsuit I've ever seen.
It's It's bad, guys. It's bad. And I'm really hoping that everyone's just laughing at the ridiculousness of this.
And, you know, you outweigh the the WTF, why are we here? And this is the most boring case that we've ever seen. So, hopefully there's uh, you know, more laughter. Let's go.
>> Good morning.
>> Hi. So, I'm Judge Salimony and I think it's Miss Caligan. Would you state your name, please?
>> My name is Bridget Callahan.
>> Thank you. And and you're the uh from the LLC. Is that correct?
>> Yes, sir. Yes, your honor.
>> Thank you. And I'm going to assume is it FA? And Fay, can you tell me how to pronounce your last name, please?
>> Uker.
>> It is Uker. Good morning to you. Um, so I have looked at I'm Judge Salimony. I'm looking at the small claims complaint.
It is for about uh $750 when you include cost. It is when you um proceed in >> Oh man, twice in one video. The second I saw my battery thing come up, I was like, "Oh no, I guarantee I reround this." Uh, and yeah, you're right. It's It's salmon, not alimony, but yeah. H my battery.
Hold on.
Sorry guys, I need to pay better attention.
>> And I think it's Miss Caligan. Would you state your name, please?
>> My name is Bridget Callahan.
>> Thank you. And and you're the uh from the LLC. Is that correct?
>> Yes, sir. Yes, sir.
>> Thank you. And I'm going to assume is it Fay? And Fay, can you tell me how to pronounce your last name, please?
>> Uker.
>> It is Uker. Good morning to you. Um, so I have looked at I'm Judge Salamony. I'm looking at the small claims complaint.
Uh it is for about uh $750 when you include cost. It is when you um proceed in the small claims court. You're limited in damages to $7,000. If I make a decision, it is nonappealable. So you'd wave your right to an appeal. It also means you're waving your right to have an attorney and waving your right to have a jury trial. If you do not want to wave those rights, they'll be subject to those limitations. The case can be removed to the district court where it's put on the regular docket be set up for a pre-trial with the judge there. Miss Caligan, do you understand what I said?
>> Yes, I do.
>> And you want to proceed today or would you like to go to the district court?
>> I would like to proceed today.
>> Okay. And Miss Uker, what about you?
>> Yes.
>> Okay. Want to continue proceeding small claims. Correct.
>> Yes.
>> Okay. So, um, Mr. scale hand. I'm just going to ask you to raise your right hand and you swear affirm to tell the truth and nothing but the truth to help you out.
>> I do.
>> And c can you tell me I This is about a a replacement window shade is what I saw in the complaint.
>> Yes, your honor.
>> Miss Uker had leased some space from you.
>> Correct.
>> How long has she been there?
>> She uh she it was from March of 2022 to May of 2025.
Okay. Good. Three years.
>> Correct.
>> All right. And the um the window with the the shade on it, how how big is that approximately?
>> Um it's approximately one it's approximately 4 and 1/2 ft by one by 5t.
4 and 1/2 ft wide by 5t tall.
When you say to replace, you're saying that the shade was damaged and and can you explain that to me, please?
>> Um, uh, when, um, on June 7th, um, when we went to, um, uh, roll down the shade because the shade had been rolled up, um, and after Mrs. Duker um left um and when we rolled down the shade, there was um material that was on the shade that was very hard um material that um when she occupied the space, there were um hooks that were placed in the top of the sophets or top of the frame to hang. Am >> I looking at the shade behind you? I'm pointing behind I'm pointing, but yeah.
Is that it?
>> It it is. So, this is my office. her office was next to mine, but the this is an industrial pardon me this is an industrial building. So all the windows are the same. So this is the same window as the one that was um that is in her previous office.
>> And when I see a plant hanging behind you, she would have had a similar situation.
>> Correct, your honor.
>> Okay. Any chance is that shade still there? The one that you claim is damaged?
>> Yes.
>> Any chance we could see it?
>> Uh yeah. Um I give me a moment. Um I'm going to travel with my computer. So it >> sounds like a good idea.
>> Jumbly. Um you're bear with me.
>> No problem. Take your time.
So this I'm going to I don't know how to reverse.
>> There we go. I can see the window behind you.
>> Yep. Um so I'm going to re I'm going to lower the shade.
>> No problem.
And there is I don't know if you can see it. There is >> I can see two spots. Miss Uker, can you see these things?
>> Yes.
>> Okay. And so, Miss Callahan, I'm seeing the two spots. You can stay right there with the uh on the window. Are there is it a They won't come off. Is a hard substance or something?
>> No, it won't come off. it. Um, if you I if you even take any type of brush or um uh rag to it, it it is permanently on there.
>> Okay.
>> The shade the shade is like a weave. So, anything that would have dripped would have like adhered to it.
>> Okay. And and you're claiming that the you think the drip was above above the shade, right? Uh the hook was above the shade and so when it was patched, whatever it was patched with dripped onto the shade.
>> Okay. Thank you, Miss Uker, would you raise your right hand, please? And Miss Callahan, I'm going to ask you to stay by the shade there, just in case we need to look at it again. Thank you so much.
>> Yep. Yep.
>> Mr. Uker, you swear you swear for Miss Uker to tell the truth and nothing but the truth. Is that correct?
>> And you saw this. What do you what do you say about it?
>> So, I did patch the hole above the window with drywall mud, but it's white.
It It was pink when you put it on and it dries white. I did not I don't know what that substance is.
>> Okay.
Yeah. You You didn't use anything the drywall mother would dry to a gray gray tone. Is that correct? No, it's um it's a white. It turns it's pink and then it turns white when it dries.
>> Thank you. And and and Miss Callahan, is that gray in color, by the way? That's what it looks like over the screen.
>> Correct. Um Okay. And the the the frame is metal. It is not wood. Um so, uh whatever it was patched with um would have had to have adhered to metal.
>> Yeah. And then that's and but Miss Uker saying she used a a white I know I comes probably it comes in a white and blue container with a pink top. Miss Uker. Does that sound right? I think I'm familiar with that.
>> Yeah, I have it. It's a >> Okay. Can you show it to us, please?
>> Ride decks.
>> Oh, that's kind of blurred. Let's see.
Okay.
And does it say that aderes to metal?
So, it's a drywall repair. So, it's heavy weight spackling.
Drywall repair. So, it goes it went in the hole and I I do have the office like I can't if you can because I also did my nail holes. I don't know if you can see like it's >> cannot see. Yeah, that that's tough to see on the phone. I did email the pictures to the website that so it's like it shows it's like white.
>> Mhm.
>> And M Calhan, you you you indicate it's it's did you buy a new obviously you didn't buy a new blind. Where'd you come up with the $680 at?
>> Um I contacted Ashley Roos, who is the broker and manager of the building. um and asked her regarding um replacing the shade and she had replaced the a shade because again they're all uniform um back in August of 2024 and she sent me a receipt for her that that price back in 2024. I'm not sure how much it would cost now but um that was based on her records.
>> Okay. Can you indicate in terms of where that stain is located? Is it located right below the the spackling there?
>> Spackling.
>> Yes.
>> Mich, anything else you want to tell me?
>> Um, no.
>> Um, yeah. I And Miss Callahan, any questions?
>> Uh, I do not have any questions, your honor.
>> Okay. Um, >> oh my god, that that pause while staring at it. Oh, I mean, it's right here. Proof's in the pudding, judge. Uh, no questions. I mean, I don't know. I don't know. Like, I go to sleep at night and I lose sleep thinking about this bottom the shade that it wasn't even down. It was up. Oh, yeah. All right.
So, while the substance appears gray, I mean, this is this is from over a year ago. Does that sound right?
>> Yes, your honor.
>> Oh, >> okay. And and it falls right into place. And Miss Joker, it was not there when you left.
Is that correct?
>> That is correct.
>> As far as you know, you you've never seen it before.
>> Yeah, I have not. And I did get my security deposit back, but then three weeks later, Bridget E.
>> Sure. Okay. And you have uh and you would have had plants hanging there when you were when you were there in the office.
>> Yeah, I did.
>> Yeah. Listen, based on what I I've seen it, I I don't see any other um reason for for how that could have occurred. And when they're in alignment like that, uh I I M Joker, I don't think he did anything intentionally. I I just don't think it you saw it happen. I am going to find in favor of the plaintiff that the damage has occurred. 7 the $680 is for a couple years ago. We'll keep that uh price. I I do believe Miss Callahan when she tells me that's the price. It's a $78 cost. So it's $758.72.
I'll enter a judgment in plaintiff's favor and I'll send it to you two ladies. I appreciate your time. Thank you.
>> Thank you.
>> I mean, she's acting like she's in distress. She really is. Like, judge, I just I can't do it. Ah, like I said, maybe the most petty case I've ever seen. Now, I did have a thought during this is she cuz she mentioned that she has a property manager. So, I wonder if she leases that entire space and then sublets the individual office rooms. So, if that's the case and she's about to move out and she will be on the hook for that, then I guess it makes sense you would sue for this. But, I I don't know.
I feel like you could clean that off. I that's that's my opinion. All right. Um, you know what? I'll let the rest of it play out. There's only about 30 seconds left of this video. Thank you guys so much for hanging out with me tonight. I appreciate it. Thank you for all the gifted memberships and the membership milestones. You guys are awesome. Mods, thank you so much for all of your hard work. Uh, let's see. What is it? It's Wednesday night. Who we're going to raid? Saw Lone Wolf here. So, why don't we jump into Lone Wolf? No, he doesn't start. It's early. All right, we'll we'll still we'll still go over to Lone Wolf since he was hanging out with us.
All right. Uh, man, 58 minutes. I did this early. You said appeal.
All right. You guys are awesome. Lone Wolf doesn't start for about a minute and a half, so you're going to be in his waiting room for a little bit. That's fine. He He might start early once uh once we all come over there. But uh you guys have a great rest of your evening.
I will see you all tomorrow night at 7.
Tomorrow night's yoga night. I think that's about all I have to say. Um once again, on let's see, I think it's like May 25th. I will be gone till like I think four days. It's like Friday. It's like Monday to Thursday, I think. I don't know. I got to check the dates, but uh so I won't be here.
All right, that's pretty much all I have. You guys are awesome. Have a great rest of your evening. Till next time.
Bye.
>> And you're all set.
>> How would I handle >> this? Go ahead.
>> How would I handle >> in terms This is a This is a I'm entering the judgment. You'll have to pay the money. Okay.
>> How do I do that? Do I um >> You can send it uh directly to Miss Callahan if you want.
>> Okay.
>> Okay. And I'll get you the I will get you the judgment in the mail. I thank you both.
>> Thank you.
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