Roommate Tries to Legally Evict My Pets!

Added: 2026-05-28

[00:00:00]I've had roommates for 20 years. I've never had somebody draft a roommate agreement like contract law and say this how to live with other people is going to be legally b enforceable by the laws of Georgia.

[00:00:14]>> This is the first time I've ever heard of something like that.

[00:00:19]>> Um so let me start with a couple of things um from a very preliminary perspective. So I've had a chance to review the pleadings. Uh, I I think I understand that um Mr. Gonzalez is and Mr. Dunn was but I think is no longer present uh in this property. Um and um Ms. Martinez is living in the property.

[00:00:45]Um, and there are, as I think I understand it, um, there are there is a dispute about animals that are present in the house. Mr. Freehov, did you need some?

[00:00:58]>> Yes, judge. I apologize. Uh, before you joined us in the chat, uh, Mr. Gonzalez indicated he felt that four party or witnesses needed to be put in a breakout room. And I just wanted to make you aware that he believed that Victoria Peret, James Fletcher, Cot Cotton, Sia Varelli, I apologize if I mispronounced that, and Valerie Smith all needed to be in a breakout room.

[00:01:20]>> Okay, that's that's fine. I'm going to interpret that as Mr. Gonzalez invoking the rule of sequestration. And so, yeah, if you can create a breakout a breakout room, then they can go into it. Mr. Freehoff, uh, Mr. for uh for the witnesses that are here, you I don't know if you'll automatically go or if there will be something that will pop up on your screen, but you'll need to um go into that breakout room until you're asked to come back.

[00:01:48]So, let me start with asking a couple of questions. So, part of what I'm confused about is there is mention in the pleadings of a roommate agreement. I I believe that roommate agreement is, if I understand the pleadings correctly, was between Mr. Gonzalez and Mr. Dunn. What I'm less clear on is it doesn't nothing in the pleading alleges that Mr. Gonzalez or Mr. Dunn or Miss Martinez owns the property. There is mention of a lease with a company called home something.

[00:02:25]Um, and so I guess one question I have is why is this not a matter of contract with the with the landlord? Um, and and who actually has a lease for this property in terms of a direct contractual relationship with the owner of the property, Mr. Gonzalez?

[00:02:47]>> Yes, your honor. Um, so I did submit the lease uh into the record. Can you tell me which one it is? Because there there was a lot filed and so it was hard for me to get through um all of it. I started with the pleadings. Was it the additional update that you filed? I emailed this morning, I think.

[00:03:07]>> Uh no, your honor. It was uh the notice of filing documentary exhibit index. If you give me like just a quick second, I can tell you which what was the docket number on that. Um it's give me one second.

[00:03:22]Um, look at that.

[00:03:25]It was >> It's exhibit It's docket 23 and I do have it.

[00:03:30]>> Okay, great.

[00:03:31]>> I can see it now, sir.

[00:03:32]>> Okay, great.

[00:03:34]>> Um, so forgive me. So, uh, the reason the landlord's not involved is because, uh, this is actually, so my my complaint is as essentially breach of contract and indemnity towards Mr. Dunn and, uh, towards Miss Martinez. It's it's essentially um asking for asking for uh an injunctive order, a TTRO because she's been she's been uh sorry, I'm trying to be a bit formal, but she's she's been messing with with my property, and by property, I also mean my pets, uh threatening to have them removed and things of that nature.

[00:04:20]That's why with Miss Martinez, I'm not claiming a breach of contract. There is no written contract between Miss Martinez and I. Uh there was intent to have one, but after the events that have happened the past few weeks, I made the determination that it would not be in my best interest to be in a contract with Miss Martinez. The contract with Mr. Dunn, on the other hand, uh there were some provisions on there that he did not follow, and that's kind of why I'm pursuing my claims with him. I hope that answered your question to the best of my ability.

[00:04:54]>> Um, no actually. Um, so it it the um the document that I was looking at is the second filing of exhibits. Um, docket 23. Uh, and it contains a bunch of text messages.

[00:05:12]>> Uh, yes. So the the one uh to give you give me one second.

[00:05:16]>> It's docket 10, judge.

[00:05:18]>> Thank you, Mr. freehuff.

[00:05:21]And so there is no contractual relationship between you and Ms. Martinez. Is that correct?

[00:05:32]>> That is correct.

[00:05:32]>> There was a roommate agreement between you and Mr. Dunn, but Mr. Dunn has vacated the property for more than a month now. Is that right?

[00:05:40]>> Yes, your honor.

[00:05:41]>> Okay. Um, and you are the lei of the rental agreement with Invitation Homes. Is that right?

[00:05:52]>> They I I apologize for interrupting, your honor. They they call me the primary lease holder. Um, >> is there is there another lease with Mr. done directly to um directly to invitation homes.

[00:06:14]>> So his his document that would have that adds like roommates is the exhibit number P3 which they call uh the Sorry, give me one second.

[00:06:37]which they call the uh Oh, I'm I'm I apologize.

[00:06:41]>> Is it the amendment to add or remove?

[00:06:43]>> Yes. Yes, your honor. P5.

[00:06:46]>> Okay.

[00:06:48]Tell me what in a nutshell, as I said, I've read the pleadings. Tell me in a nutshell, what is your concern? If the court were to grant you the relief that you seek relative to Mr. done. Um what relief is that given that he has left the property? What obligations um do you believe I I thought I understood from your pleading that it was um check the like keys or codes or whatever.

[00:07:19]>> So your honor, in regards to that motion, which is docket number six, I actually want to withdraw it because yesterday uh Mr. done made a similar request in our other uh civil action and that pretty much grants the same type of relief that I wanted in regards to docket number six which is that he remove his remaining things. So if we could with I I would like to withdraw that motion.

[00:07:47]>> What that what other civil action is there? Uh there is a he filed a TPO petition against me. Uh and we had a hearing yesterday and in one of the things he requested was that he be that there be some sort of amendment to the exparte order that exists in order to remove his things, which is what I also wanted when I filed docket number six.

[00:08:16]And that has been that has been to my understanding that has been that that was verbally granted by Judge Harowski.

[00:08:23]And so that's why I would like to withdraw docket number six.

[00:08:27]>> Okay. And so does that fully um resolve your um I I know it fully resolves the motion that you want to withdraw, but does it fully resolve the relief that you were seeking against Mr. Dunn in the initial petition in this case?

[00:08:42]>> No, ma'am.

[00:08:43]>> Okay. What additional relief are you seeking relative to Mr. Dunn?

[00:08:47]>> Uh indemnity under our roommate agreement. Um also I'm seeking uh I'm seeking the unjust enrichment he has received. Um uh essentially having uh his name on the lease but he is not paying his uh third of what is owed. He he has not paid it. He has not continued to pay it. And I'm also seeking uh declaratory judgment uh because I in order to minimize my damages when I returned to Mr. Dunn his his uh security deposit, I made an itemized like list of the deductions I would I was going to have. uh when we had our argument way back in April 17th, 2026, he led me to understand that if I attempted anything to not give him back his full deposit, he would he would seek uh civil litigation in regards to that.

[00:09:44]So, uh declaratory judgment stating that what I did was proper because I was trying to mitigate my damages. So, um yeah.

[00:09:55]>> Okay. And so, um, is it correct though that the emergency relief that you are seeking against Mr. Dunn is resolved for today?

[00:10:08]>> Yes, your honor. I did I did seek a motion to uh I did seek a motion for a preservation of order for like evidence and things, but because of the ongoing TPO stuff that's going on, there's been a hearing set for June 8th, uh I would like to table the the motions I made made regarding the hearing for that preservation order to be set for a date anytime after the 8th would be great.

[00:10:36]roughly before the 15th if possible, but obviously I and I know you are the presiding judge, so I I don't know how to let uh Judge Walsh Chambers know that that's my desire.

[00:10:51]So what will happen since I'm hearing this case is I'll have to enter some sort of order and that order will go onto the docket and um it will reflect for example that um the the petitioner's request for um emergent relief as to Mr. done uh was withdrawn at the time of the hearing. Um and so the court only proceeded as to the request for emergency relief as to Miss Martinez.

[00:11:21]>> Is that Do you understand that, Mr. Gonzalez?

[00:11:23]>> Yes, your honor.

[00:11:24]>> Okay. So, now moving on to Miss Martinez. Let me ask you this. Um same question I asked you about Mr. Dunn. If the court were inclined to give you full relief that you want relative to Miss Martinez, tell me what that would be.

[00:11:40]What is it that you want the court to re restrain her from doing or require her to do?

[00:11:47]>> It's three three three elements or or things, your honor. Primarily being is that she cease uh interacting with my private property. Um the the the fact of the matter remains is that as my witnesses will will attest to uh there has been uh meddling into my personal property that I considered to be uh improper and also and also may put uh ra would raise questions as to uh the the things that are in my property. for instance, uh my computer. A lot of the stuff that I've been drafting are on my computer, you know, for my eyes only. Um also simply messing with uh you know, uh things that I own that I paid for and you know, the because of the hostility, the risk that they may be damaged they you know, intentionally and things like that. So primarily that my private property be left alone. Uh also the um communications with with my my friends and family uh it's been very improper, very hostile and I believe that relief granted with that would just kind of take that weight off their shoulders. Uh again like my witnesses would attest is that the level of hostility in communicating with them has led to anxiety attacks, panic attacks, things of that nature that don't need to happen. they they genuinely don't need to happen. I think limiting Miss Martinez to only communicating with me because I gave her a notice that I only wanted limited communications of certain subjects in writing through email. Uh she has not followed that. Um she has not followed that and just having that would at least you know alleviate any potential hostilities, conflicts, confrontations, things of that nature.

[00:13:40]the the ordering Miss Martinez to cease attempting to remove my animals from the house. Ever since April 27th or April 28th, I I I apologize. She has made numerous calls to Fulton County Animal Control. She has wasted county resources having Fulton County Animal Control officers come to the residents and has called them repeatedly over and over saying that they're that uh that um they should remove the animals. Now, uh when I have been away from the house, my friends have been the care caretakers of the animals. I have it in writing that they are permitted to care for the animals, to come into the residence and care for the animals. And she when she was communicating with them, it was again threats of removing them, threats of taking them away. I have one witness who can state that when they came to the area to ensure the to ensure the the safety of the animals that they were already in their carriers. Uh Miss Martinez have Miss Martinez has stated that she uh was going to physically herself take them to the animal shelter and remove them. I don't want to lose my animals. Um I am >> just out of curiosity help me understand are we talking about 40 animals or are we talking about four animals? Okay.

[00:15:02]>> And what what are we talking about?

[00:15:04]>> We are talking about Oh, I apologize.

[00:15:07]>> That's okay.

[00:15:07]>> We we we are talking about a uh Rottweiler that is under my name. a Rhodesian Ridgeback uh pitbull mix that is under the name of my fiance who she has me to take care of while she while we're working on her visa to come back and two cats that are also under my fiance's name. They are they mean the world to her. Uh and you know I'm taking care of them while her visa gets gets uh fixed. And so yes, those four animals.

[00:15:42]>> Okay. And >> um >> and uh sorry >> that's okay. Um, help me understand how it is that Miss Martinez came to live in this property and your understanding of what rights she has to be present in the property and to interact with the property and the I mean I I'm trying to understand I think it's I mean I've think everyone's had the experience of living with a roommate um and And so I'm trying to understand usually there's private areas that people enjoy and then there are common areas that people have to try to accommodate each other in the use of those common areas. Can you tell me a little bit about Mr. Gonzalez your understanding of how that is supposed to work and start with how Miss Martinez came to live in the property and your understanding of why she is authorized to be there.

[00:16:42]>> Yes, your honor. Um, so I have been looking for a third person to replace a roommate who left in late November, early December. Uh, since that time, up until the time I met Miss Martinez, I met Miss Martinez over Facebook Messenger because I put an ad out on Facebook that a room was was up for someone to take over. It is an upstairs bedroom with its own bathroom detached from the room, but basically the upstairs. um you know, she came in, she toured the area. One of the things she noted was that it was, you know, a little messy and also that there was that it was pretty furnished because when I moved into the property, it was with my fiance and we furnished the entire household. Um, you know, we toured the area, we spoke for probably under an hour and I had the sense at the time that this was going to be a good fit. And you know I at at that conversation I I offered Miss Martinez the uh opportunity to join me and at the time Mr. Dunn to live in the household.

[00:17:49]Uh Miss Martinez uh left that day. I informed Mr. Dunn that she was that I think she would be a good person to come in. And a little bit later, I can't be the exact dates. I didn't have that ready from in front of me. I apologize.

[00:18:03]Uh I requested the landlord to send Miss Martinez an application. Miss Martinez did share with me that she was concerned that if she had to fill out an application, she would get rejected. I did tell her that the the standard, you know, run the background check, run the credit check, all that was on me, right?

[00:18:21]Along with, you know, getting the renters's insurance and all that was on me and having all the utilities, that was on me. that the addition through this process it it was pretty much like it was pretty much like just make sure there was no like I think sex offender registry from my understanding and that she would come in. Uh she was again they did they did they did send out the amendment to add her and uh the the reason this whole thing started was actually because uh Mr. Dun and I had a very very very strong uh argument over um his rights and duties as someone who is named on the lease regarding removing other people, adding other people and essentially Miss uh Martinez was stuck in limbo because and again this this is kind of a separate subject but Mr. done took the position that he didn't need to sign off on Miss Martinez being added to the lease. Eventually eventually he m from my understanding Miss uh Martinez lobbyed to Mr. Dunn personally to at least put his signature down to have the old roommate removed who was again all the way back in China and to add uh Miss Martinez. uh he did and that is how Miss Martinez came to be added and living in the area. Um >> okay so so Ms. Martinez does have some legal existence relative to home invitations um in terms of having been added similarly to how Mr. Dunn was added. Is that accurate?

[00:20:06]>> Yes, your honor.

[00:20:07]>> Okay. And so then my question is what is what do you understand her? Um I guess when you say cease interacting with my private property, right? If you're talking about pets, that's one thing. Um we can have that conversation, but then you started talking about your laptop and things like that. And um if if your argument is that she's coming into my room, right, then I'm going to I'm going to need evidence of that, if that's that's what is occurring. Um but I can't I want to be clear that any relief I can give you, it has to be based on a demonstrated need, right? And and so like for example, my first thought when you said, you know, I have a laptop and I'm like, well, put a put a protection order on that, right? Like put a password on it and there you go.

[00:21:04]Um and so I'm trying to understand that aspect of it. Um I am also trying to understand the issue with the dogs and this goes back or the animals and this goes back to my initial question about the extent to which these dogs are in the common areas of the house or cats or whatever are in the common areas of the house and what rights everyone has to those common areas or are these animals that you are keeping being isolated in your area. I'm trying to understand that.

[00:21:46]>> Yes, your honor. Uh so the reason I'm asking for relief regarding uh my personal property isn't just because Ms. Martinez may have access to my computer.

[00:21:57]It's that and I have witness who will testify. She has hidden my items in places that they would not regularly be, which would then not allow me to have access to it or my agents to have access to it.

[00:22:12]>> Let me go back and and let me clarify.

[00:22:15]Are these items in the common areas?

[00:22:18]>> No. Uh the the the instance I'm referring to from my understanding I was not presently there was that an agent of mine wanted to grab my things for me because they knew I would need them. Uh Nenah or Miss Martinez uh prohibited or or told her she was not allowed to and police had to be called later that day.

[00:22:43]And um when police were called and this this altercation happened in my bedroom where I have told Miss Martinez she is not allowed to enter even when I'm not home. And the police were called. The police uh the police allowed my agents to retrieve my things and my agents could not find my items where they had set them. and the the police officers, the Atlanta police officers.

[00:23:12]>> What items are you referring to, sir?

[00:23:15]>> My laptop, my iPhone, and my iPad.

[00:23:18]>> Okay.

[00:23:18]>> Uh and when uh when the police officers gave allowed my agents to to grab those three items, uh they they told them, again, this is what they told me, is that the items are not where we set them. It appears that Miss Martinez had grabbed my items while in entered my bedroom, grabbed my items and and put them in a drawer, the lowest drawer of my dresser under my clothes.

[00:23:51]I I understand that the vast vast majority of the furnishings and the common areas are my property. Um I apologize that I did not make that clear in my motion. I I don't want the motion to deny Miss Martinez the use of a dining table, the use of a sofa, you know. I just don't want her to grab personal items of mine and and set them in such a way that I no longer have access to my personal property. Now, in regards to the pets, the two dogs are very large. The bedrooms are not that large. The the dogs, both their kennels are in the living room. you know, the living room and they also have access to the backyard because they're working dogs. They need they need to run. They need to play. Uh it would not be very convenient or good for them that I put those two big kennels into my bedroom and just have the dogs roam my bedroom, you know, destroying, you know, they they could get on the bed, rip the bed apart, especially the Rottweiler. Um the cats, on the other hand, they you know, cats like to roam around. They just roam around the entire house. Uh, their carriers are in the living room, right?

[00:25:05]Because again, the bedrooms are not that big. So, their carriers are in the in the living room, but they take up not that much space. They're like the size, the standard cat carrier size, and they're just stacked on top of each other behind my sofa. So, the cats do roam around the house. Um, but the cats do roam around the house.

[00:25:23]My my concern is is that Miss Martinez keeps calling Fulton County Animal Control. She's called them numerous times, had them come to the house numerous times just for them to tell her you are not authorized. Uh the owner has given authorizations to these particular people, right? You have like and I've told Miss Martinez many times, she has no duty or obligation to care for the animals or or anything of that nature. I I'm going to take care of that. But when she's taking it upon herself to call Fulton County Animal Control over and over again, have agents come in simply because she says, "Oh, the caretakers don't follow a set schedule." And and the the the officer has to say they don't have to follow a set schedule. It is that waste of waste of county resources and you know waste of county resources, waste of time and just the unneeded stress put on my friends who are caring for my animals to then have to rush over and have to in have to let the Fulton County Animal Control know these animals are not abandoned by Alan Gonzalez. We're taking care of them. We just don't live here. We have jobs. We come and go. The animals are perfectly healthy. They are perfectly fed. uh they're they are perfectly, you know, healthy and happy, right? And uh it is Miss Martinez keeps representing to Fulman County that they are not uh she keeps representing that oh they're they're trapped in their kennels like 12 hours a day, which isn't true because I do have uh third there's a third party app called Wag where where these these individuals you pay for the time they come in and I have a special code for them. They come in and they walk the dogs, right? Um, also I do leave them out in the in the backyard. Uh, one dog has a issue involving gulping too much water too fast and causing himself to throw up, right? But I do not leave the dogs out in the summer heat, right? So, I always make sure they're in before noon or at least before 2 so that the summer heat doesn't make them die or thirsty. And the only reason I'm saying all this is to say that Ms. Martinez represents that she calls Fulton County Animal Control to remove the animals simply because uh I don't take care of them even though I have caretakers. I pay for the app the apps. I I I watch them, I feed them, I pay for their food.

[00:27:49]The other thing is that Miss Miss Mart, my it is my belief that because of the hostility between myself and Miss Martinez is that uh Miss Martinez wants Fulton County Animal Control to take the animals as a way to cause me emotional harm. I have this I've held this belief so strongly that on May 7th uh when I had told my friends, can you take care of the animals? I was so worried that she would do something, I actually just took them with me for my Mother's Day vacation. And my dogs, I left the cats.

[00:28:25]But when when Miss Martinez again started harassing my friends regarding regarding, oh, the cats are going to be taken. I'm going to take the cats to Flo County Animal Control. I had to have a friend of mine from high school drive up from Middle Georgia, take the cats, and have him stay with him with him at the time. And >> forgive me for interrupting you, Mr. Gonzalez. A couple things. Um, I feel like I've got a a general background idea of of what's going on. Not not a complete picture, but at least enough to sort of have an understanding. Um, I was going to call on Miss Martinez to hear a little bit from her about what her um, understanding or issue is with some of these. Before I do, um, I I have an officer here who needs a search warrant.

[00:29:14]So, I need to take about a 5m minute break and do that. Uh, and then when I return, I'm going to call Miss Martinez to just sort of hear a little bit of her understanding of the issue and then we'll figure out where we're going next in terms of evidence presentation and that sort of thing. Okay. So, um, it is 4:35. Give me until 4:40 and I'll be back with you. Okay. Thank you, Miss Martinez.

[00:29:40]bear with me because it's what you heard is a lot and I appreciate your expression of slight confusion over parsing out the particular issues because this is a theme with Mr. Gonzalez. Um gosh, where do I start?

[00:30:00]Um >> well, let me let me let me say this.

[00:30:04]When I start with a hearing like this, what I start with is if if I were to accept everything that Mr. Gonzalez said as true and 100% accurate, um what relief would he be entitled to? And on a TTRO, what I often start with is for example, um Mr. Gonzalez has said, you know, that has alleged that you went into his room, for example, >> right? So it's his belief that I am unable to to conduct my own behavior and that he requires the interference of the court to make me behave in a way that he finds acceptable.

[00:30:49]>> And this desire for control has been prevalent since, you know, he endeavored to make I I've had roommates for 20 years. I've never had somebody draft a roommate agreement like contract law and say this how to live with other people is going to be legally b enforcable by the laws of Georgia.

[00:31:10]>> This is the first time I've ever heard of something like that. Initially I was appreciative for the clarity but now I realize that it's it's for control. And nowhere in his statements did Mr. Gonzalez ever say what were his obligations to me. It was everything about my obligations to him.

[00:31:30]>> The characterization of me as hostile because I have different morals, different ways of living that are in disagreement with what he wants. Then I get painted as hostile. I did not make threats.

[00:31:45]He perceives disagreement or conflict as threats.

[00:31:50]You know, I'm barely two months into the house. There are going to be disagreements. and most people know how to resolve conflict. His remedy for resolving conflict is take them to court. Um, what I didn't know when I entered the residence is that I was moving into a situation, which is relevant for the TPO hearing. I was moving into a situation in which two 30-some grown men had some kind of domestic violence dispute that had been ongoing and neither of them made any mention that something was a miss in the house because they wanted me to have a smooth move in. Now, because of the adding and subtracting people from the lease, that became a point of of great contention on April 17th in which Mr. Gonzalez is recorded for an entire 35 minutes making numerous threats against Mr. Dunn to his personal safety. Um, one of the clips I have attached as evidence where he's telling me to shut up in the middle of me talking and then Mr. Mr. Dunn intervenes is concerned for my safety.

[00:32:59]Mr. Gonzalez says to me, "Tell him to shut up or I'm going to beat him."

[00:33:06]So, in my mind, I'm very confused because I think this lawsuit is a means to create a distraction from the core issue of Mr. Gonzalez has very serious control issues, emotional regulation issues, and my reaction to moving into this type of traumatic environment is being made the issue instead of the conduct that led to my reaction.

[00:33:34]>> Okay.

[00:33:34]>> Um I will f I'll address the other points that we've elicited thus far in that um it was my understanding uh because Mr. Gonzalez had not been served with the TPO at the by the date of the initial hearing of May 11th. So, um, April 22nd was when Mr. Dunn sought uh had a TPO granted by uh Judge Manning.

[00:34:04]Uh, that's when it took effect. Um, after the argument on April 17th, because of that argument with numerous threats, Mr. Dunn felt unsafe in the residence. So he sought a TPO. He then uh found another place to stay. So he was denied the extra days in April for rent that he had paid um because he did not feel safe. And then on April 27th, a Fulton County Marshall comes looking for Mr. Gonzalez. And I have no idea what this is about. And I let Mr. Gonzalez know that evening that someone sorry not a marshall a sheriff um that somebody came looking for him and I'm just giving him that courtesy somebody came looking for you. Um that three days later on April 30th he he told me in front of his friends that he looked himself up in Eile Georgia. So he knew uh that the TPO case existed. He he had not been served. Um, it's my belief that he's using my conduct and the animals to like buy more time to get his defense together. Um, but again, I'm a new resident in this house where animals are present. I don't know who his friends are and like I have obligations and okay, morally I >> Martinez, forgive me. Let let me interrupt you for a minute. I'm just gonna ask a few questions. So >> I think I understand that you have been added as a as a leie or tenant or added person >> occupant. Thank you. To the lease.

[00:35:45]>> Um what is your understanding of what rights that gives you to the property, your personal property and what I mean by like your private areas versus the common areas. What is your understanding of what your rights are in this property? I mean, I think it's really hard to parse out when, you know, Mr. Gonzalez says, "The whole house is furnished." To me, that doesn't deprive me of space in places like the fridge.

[00:36:14]We all have to eat spaces like the cabinets, like we all have belongings that we would like to have access to.

[00:36:21]Uh, space in the pantry, you know what I mean?

[00:36:25]>> I do. That's that's why I was asking is that um as I said >> generally there's an understanding that when you are sharing a space right that everybody's got their private areas right like a bedroom perhaps your own bathroom but then >> the parties have to sort of work together to share what we all refer to legally and factually as the common areas. Um, so I I guess my question is do you understand that you have free access to the common areas in that house and that >> not not since April 17th? It feels like because based on this is so convoluted. Um, initially that was my understanding, but since um, April 17th, I get the sense more and more and more people just see that I only rent the room, which I don't believe is the case. But so far as on May 22nd, which is the the uh one instance of many that um APD came to the property, I think I've been there six weeks and APD has come five or six times um on May 22nd, which was like following the arrest of Mr. Gonzalez for violating the TPO order. Um because I talked to Kirkwood police twice. They told me be returned to the residence.

[00:37:57]The residence is on the order uh for for as long as the order is in effect till the formal hearing. He is violating the order. So I confirmed with Kirkwood police twice that if he came back, he would be in violation. So he had been arrested early Yeah. early like just after midnight on the 22nd after returning to the residence on the 21st.

[00:38:24]Um, so then I had a somewhere to be to petsit. And legally, like I get what he's saying, but morally, you know, I want to make sure that the animals are covered. And when there's quote unquote no schedule, you have these two large dogs who quote unquote need activity because they're big dogs, but they're in their crate for like 14 hours without water.

[00:38:54]>> Well, let me let me ask you a question, and this is, you know, I'm not sure it's legally relevant, but it is something that I am interested in is, you know, I just heard you say that you pet fit petsit for people. um why not just let the dogs in and out uh rather and not and I don't mean to imply that you're legally obligated to do that in any way.

[00:39:18]Um but tell me I mean it sounds to me as if you are concerned about the well-being of the animals and so that's why you have called because they're in crates.

[00:39:30]>> Um but I guess my question is wouldn't it be simpler to just let the animals in and out? Is there some reason that you're Again, I don't mean to apply. It's your obligation. It does seem like a like >> I'm trying I'm trying to hold a boundary because uh according to Mr. Dunn in in periods in which Mr. Gonzalez experiences emotional distress, legal troubles, trouble at school, he tends to unload that obligation onto the roommate without without notice.

[00:40:01]Um there have been instances in which the animals have soiled their crates and even in the last week I've seen on the Ring camera um his friends that he's he's appointed caretakers they had to clean up mess in the crate they used all the paper towels come home there are no paper towels to use because they had to clean out the crate and then they say into the camera hey Allan I like my steak medium rare as a you owe us one and other footage where somebody's seen gagging and wearing gloves at the smell.

[00:40:33]So, you know, it's hard for me to say let harm happen. I understand that that's legally usually the route.

[00:40:42]And when the when APD came on the 22nd because the caretakers had called, the officer responding made clear with an explanation and I can be heard on the body cam saying, "Thank you for the clarity." She was saying she saw me struggling with the difference between the morality and the legality. And I and you know while while my actions were morally you know unobjectionable that legally no I didn't have uh I didn't have um permission to enter his room. And I just honestly I don't I still don't know what's going on after two months with all of these things that are happening that literally have nothing to do with me. But I got put in the middle because two men wanted to convince me of who was right, who was wrong about the lease, but then pull in all these other character things, calling each other dumb and even the cops were. So this this theme of confusion from everybody who's hearing this that's not a party to us three, like that's been the common theme is is confusion. And I am with you all on that because but again I think the core issue is really the the grounds for the TPO hearing and that's because Mr. Gonzalez lacks the emotional capacity to resolve conflict in a healthy way and instead of focusing on his behaviors and accountability, he wants to make people's reactions to his angry threats the problem.

[00:42:16]>> Well, Miss Martinez, let me ask you this. Um, if I um, Mr. Gonzalez has also complained about um, communications that you've had with his friends and family.

[00:42:27]Um, we haven't gotten into as much specifics about that.

[00:42:31]>> Um, but um, if if would you have a problem um, agreeing to not contact those individuals in the future?

[00:42:42]>> It wasn't it it was not for like smearing his name or anything like that.

[00:42:46]It was I do not know how to deal with an individual that does not know how to have a conversation.

[00:42:52]>> Right. No, I don't Again, that's why I said I don't really know a lot about these communications at all and whether they were problematic or not.

[00:43:00]>> Yeah. It's not it's not I'm not calling his dad five times a day or whatever every day for five days or whatever he says that I'm doing. I literally called him once.

[00:43:10]>> Okay.

[00:43:10]>> I literally had animal control come over twice. Okay.

[00:43:13]>> So, it's not I've got things to do. I don't have time to do the things to the magnitude that Mr. Gonzalez is alleging.

[00:43:21]>> Okay.

[00:43:22]>> Next question. Um, is if you were directed to not interact the animals at all to just leave them where they are and let that be Mr. Gonzalez's problem, would you have any problem with that? I mean, it sounds like morally you might have a problem if they were not being treated well to your perspective, but if if you I mean, would you have a problem just agreeing? Look, I understand. It feels wrong to me, but that's what I hear you saying anyway, right? It feels wrong to me, but I'm just not gonna interrupt with the dogs >> or the cats.

[00:43:52]>> Animal control when they came out the first time around the 1st of May or April 30th.

[00:43:58]He said, you know, if people don't come when they say they're going to come, call me. If they're losing weight, call me. If they're soiling their crates, call me. So, I literally was just following the instructions of the officer.

[00:44:17]And when there had been several missed meal times when the dogs again, maybe in a given day they might finish half a bowl of water like and when you let them out, they are really, really, really thirsty. Like, they'll go outside and drink the rain water. They're so thirsty. So, but but again, as the police officer on May 22nd explained to me, you know, I have to let that be Ellen's problem.

[00:44:44]So, I thanked her for that clarity. So, I think the restraining order to chill my speech, to compel it at this time, but not that time is really out of scope with First Amendment. Um, I got the explanation I needed from the policewoman about what was permissible, what was not. Mr. Gonzalez was not um, part of that conversation because he was currently incarcerated for violating the TPO. So, I am not an unreasonable person. I'm just someone who found themselves in the middle of a domestic violence dispute and with an individual who has um this very preoccupation with control.

[00:45:29]>> One last question, Miss Martinez. Um and then I'll uh well, let me ask the question and then so uh I've asked you about all these other issues. Um the the other one that Mr. uh Gonzalez had had complained about and was seeking relief relative to um was uh your um moving or doing something with like iPad, computer, that sort of stuff.

[00:45:54]Can you tell me a little bit about that?

[00:45:57]Yeah, that was also the morning of May 22nd. And I just didn't I didn't know he he likes to talk about authority. So I just didn't know on what authority these folks who are coming to care for the pets, but they're coming for his personal things. I didn't know that they had the right to do that. So that is all that was. That wasn't malicious intent.

[00:46:24]that wasn't um again all of these people coming and going and the fact that his caretakers have continued to call the police every time they want to come check on the animals if I happen to be home which I see as a show of intimidation.

[00:46:40]Like I'm a living kidney donor. I I gave an organ I didn't need to give up to a man I didn't know.

[00:46:48]If anybody's like most trustworthy in conduct, it's going to be me who has changed the US code of federal regulations. Like as a person living with HIV, I'm the first person living with HIV to donate an organ to another person with HIV in the United States. I, you know, he keeps wanting to paint me as somebody in bad faith.

[00:47:09]I'm sorry that I notice discomfort in animals and people faster than he does.

[00:47:13]There's research for that among living kidney donors. Like I don't know. A lot of a lot of it is what can I do for him?

[00:47:20]What can I do for him? I don't know what he's done in the roommate social contract for me other than to try to constrain what I do. Like I already live under a temporary restraining order.

[00:47:31]It's just not sanctioned by the court.

[00:47:36]And last, I said last question. I did have one more. Um and that is I heard you say something about a roommate agreement. Um, and I apologize if I am still struggling to locate it in the materials. I saw the one with Mr. Dunn.

[00:47:54]>> Is there is there a written one between you and Mr. Gonzalez?

[00:47:59]>> There was an attempt and then >> but but it wasn't finalized.

[00:48:03]>> It wasn't finalized. There were like he had sent 22 changes to it based on a conversation. And I'm like, who needs this much granularity on how to live with people? I've never heard anything like it.

[00:48:19]>> Okay, I understand. Um, Miss Martinez, I am going to um to call on uh Mr. Gonzalez now to sort of have an opportunity to respond. Is there anything else that you want to share with me about these circumstances uh before I call on Mr. Gonzalez? Again, I just want to reiterate um that I that I shared the other TPO case as relevant to this case. Um and that experiencing this encounter with the two men, again, I'm coming from a place I've never been through anything like this before. I found myself in the middle of these two men. I don't know what's right or what's wrong, but I have had good intentions in terms of making sure nobody gets hurt, nobody is like neglected. Um, but I but I draw the line at like threats of harm. He's actually the one that's made threats of harm. I what he perceives as threats from me are just things that he doesn't agree with.

[00:49:30]So those characterizations are misplaced. Um and and there will be more evidence forthcoming of this kind of behavior from Mr. Gonzalez that I think factors into, you know, it's it's almost like every accusation is a confession. So this whole thing of encyclopedia of motions and trying to point the problem at me is really to distract from the fact that his conduct is why we're here today.

[00:50:01]>> Okay. Thank you, Miss Martinez.

[00:50:04]>> Um Mr. Gonzalez. Um so I'm looking in the docket at 11 12 134 um at affidavit from the four individuals who have been waiting patiently in our breakout room to testify. Um, if I were to hear from them, are they going to testify largely in conformance with the affidavit that you have submitted?

[00:50:27]>> Yes, your honor.

[00:50:29]>> Okay. Um, I want to give you an opportunity because the the reason I asked that is from an efficiency perspective and a we're here on an emergency basis, I don't know that I need to hear from those witnesses if I've got their affidavit testimony. Um, and so what I wanted to do is give you sort of an opportunity. I I when we started this hearing, I heard you tell me that there were sort of three buckets of relief that you were asking for. Um, one was for Ms. Martinez to cease interacting with your private property, which you were giving me some examples of her moving your laptop or um your iPad, phone, things like that. Um, and then there's also the issue of your private property relative to your home or to your animals, I'm sorry. Um, and then this issue of communication with your friends and family members.

[00:51:24]Um, and so in this is sort of your opportunity to summarize what you believe um why you believe that relief is necessary in terms of on an emerent basis. than um you know given the standard for a restraining order um that is you know a relatively high standard.

[00:51:46]>> Yes, your honor. Um there were other there's other relief that I was also requesting. Um, one that I I do understand that this would be the the court's biggest uh concern is uh Miss Martinez has made uh communications to third parties regarding um my regarding my status as as a criminal. I'm not a criminal. I've never been convicted of any crime. and uh regarding uh the my status as access to the residency and also her attempts to deny me access to the residency. And what I mean by that is there was an instance where uh Miss Martinez uh deadbolt locked the deadbolt uh of a screen door that she did know had no key. And when I was coming home on May 18th, uh I had to call APD to assist me in in coming back into the house. Um and this this has been this was done this was attempted to be done twice. Uh, I had I had the officer at the time tell me if this deadbolt has no key and some even accidentally uses it to to uh lock you out, you need to get rid of the key and you need to let the landlord know, which I did. Now, uh, the first time this happened was on May 16th where, uh, I was I was coming home with with the witnesses that came with me and we noticed that the screen door was locked with a deadbolt, but all the windows were open, including the window of my bedroom, which to be clear, I have never opened that window in my bedroom. When I came in, it was it was open.

[00:53:34]>> It smelt like it. Yeah, >> Miss M. Martinez that you I Mr. Gonzalez let you speak without interruption. You did before. I need you to do that again.

[00:53:42]Go ahead, Mr. Gonzalez.

[00:53:43]>> Yes. Um and uh on this is again May 16th and I believe it's in my it's in my supplemental affidavit. So, just to just to be clear, the other thing I'm asking for, which I know is pretty pretty high standard and I understand your concern, is she re misrepresents me as a criminal to third parties such as my employer, uh the dean of my school, um and uh I believe she emailed the sheriff. These are things that are in the the docket.

[00:54:16]Uh if you want to look at exhibits 30 P307 where she uh CC's uh the landlord uh stating things that I have a temporary protective order taken out against me even though I had not been served.

[00:54:34]>> Let me interrupt you and ask you one question about that in terms of your access to the property. Um, I think I understood Miss Martinez, and she may be mistaken, but I think I understand Miss Martinez to have said that you're actually not allowed to be at the property because of the TPO. And I of course am not involved in that TPO. Um, often times they will say that you can't you have to stay away from the subject of the TPO, which in this case would be Mr. Dunn. But if that TPO says you can't be at that property, that might be wrong and you might need to have that relieved. But if that TPO says you can't be at the property, then why would you be asking me to guarantee you access to the property when the TPO is still in place?

[00:55:14]>> Yes, your honor. So this was again uh I I sought before I was served. I sought uh a counsel with with a professional attorney and uh because I had not been served I had returned to the home and based on also that same consultation when I was served I still returned I still returned to the home. Yesterday at the hearing, my new council who represents me in that matter >> informed the judge informed the judge that an amendment was in order because uh Mr. Dunn even though he had moved out had not amended the order. The judge agreed and that that amendment is take that amendment that was that was there was a verbal confirmation that that amendment would be made. Uh it's still from my understanding it's in the works.

[00:56:04]Uh I know the one-stop shop takes a while for things to get there, but that that's regards to that. So that was why uh that I can tell you that now after that hearing yesterday, I cannot be denied access to my residence. Mr. Dunn moved out. I believe he stopped sleeping there on April 19th or 18th and he moved the vast majority of his things on April 29th.

[00:56:34]>> Forgive me. I don't I don't want to get into the weeds of Mr. Dunn. That wasn't my question. My question was if there was an order, even if it was wrong, that said Mr. Gonzalez cannot go to this address, then I would not enter an order saying yes, he can or Miss Martinez, you can't prohibit him from accessing that property. In the absence of such an order, right, I at least based on her representations, Ms. Martinez said that she the access that you were denied was because you weren't supposed to be at the house um because of that order. Again, I understand that the particulars of it were because Mr. Dunn was there and once he vacated, there probably ought not to have been a limitation on your right to be at the property. But if there's a written court order that says you weren't supposed to be there that had not yet been amended, then you weren't supposed to be there.

[00:57:31]>> Okay.

[00:57:32]>> May I May I add something to that, your honor? Just just >> very briefly.

[00:57:36]>> Yes. So, he's characterizing me using the use of the dead bolt. um as intentionally like leaving him out of the house. And I want to say like I literally after the May 18th hearing, I didn't expect him to come home and I locked the the outer door because I was airing out the house and he's got cats that he knows make a dart out the door and he'll say, "Oh, isn't the latch in the knob sufficient?" I wanted to make doubly sure I didn't have escaping cats through the front door while I'm using it to air out the house.

[00:58:11]>> Understand?

[00:58:12]>> So, I did not expect him to come home on the 16th. I was I came downstairs after they got in the house. He had a caretaker climb in the window and I was home. Um, and then I'm go downstairs and made sure because I wasn't sure if they were bringing the pets back. I said, "Hey, I've opened the windows." So, it wasn't about leaving him, denying him access to the house. I literally didn't expect him at the house because of the way the order has been communicated to me and by the Kirkwood police about how they enforce it. So, any bad advice that his former lawyer gave him is between them.

[00:58:52]>> Miss, I'm sure I don't want to open up this can of worms, but I can't ignore. Why in the world would someone be climbing in the window? Did they knock on the door and you did not come?

[00:59:02]>> Uh, they they're they looked around.

[00:59:05]They're like, "Do you know your windows are open?"

[00:59:07]>> It was a yes or no question. Did the people that climbed in the window try to knock on the door and get you to let them in?

[00:59:13]>> No. Didn't let them in, so they climbed in the window.

[00:59:16]>> Yes. I I mean, I didn't hear a ring. I heard him trying to enter the um he was like, "Oh, there's no key to this." And so he directed um one of the witnesses on the call today to climb in the window, Mr. Challi.

[00:59:32]>> Okay.

[00:59:33]>> And then um he opened the front door. So they did not involve me.

[00:59:38]>> Okay. Thank you, >> Mr. Gonzalez. I'm sorry for that brief interruption. Go ahead.

[00:59:44]>> Yeah. Yes, your honor. So yes, uh you are correct. after I was served on after I was served on uh May 14th at 4:55m even though John had moved out the order had not been amended and that's what caused that like legal kuruffle that that confusion. So yes.

[01:00:06]>> Okay. Um Miss Martinez, do you understand that? Um I I don't know. So, I'm I'm actually looking right now to try and find it in Odyssey, but assuming that that order has been amended um to only prohibit Mr. Gonzalez from having contact with Mr. Dunn and not to prohibit him from being present in the property that he pays to lease. Are you planning to prohibit or limit Mr. Martinez's access to the property?

[01:00:32]>> Um, no. I was at the hearing yesterday.

[01:00:34]I understood.

[01:00:36]>> Okay. Go ahead, Mr. Gonzalez.

[01:00:39]>> Uh, yes, uh, your honor. And uh also uh the the big thing is just the misrepresentations of me as a criminal to to third parties again the deans of my school, my employer, um to Judge Manning of all people. Um these misrepresentations >> Well, there's a litigation, Hang on.

[01:01:00]There's a litigation privilege that attaches to statements that are made in court as part of litigation proceeding.

[01:01:05]So what she said to Judge Manning is not actionable, and we're going to move on from that.

[01:01:09]>> Yep. Yep. Yep. Yep. Yep.

[01:01:11]uh all that stuff. Yes. uh these when they are not related to my written communications to her regarding uh payments of utilities, regarding my desire to limit communications with her due to the hostilities uh related to uh whatever disputed amount of utilities that she believes she should only pay or should not pay. or regarding uh her her perceived rights to view utility bills and my response that they should be through mediator her responding in in that form as opposed to staying on the topic of hey we have a dis I don't agree with with what you're charging me for one-third of utilities or I don't agree that it should be one-third um when she does when she out of nowhere just makes representation misrepresentations and CC's third parties that are tangentially related to me in my personal life, in my professional life. Uh I I understand the court would be hesitant to ever like tell her don't do that. But I do believe that it it is an attempt to cause me professional harm. Professional harm that you know then I have to go to my boss and explain what's this about.

[01:02:33]>> Okay.

[01:02:34]Um, okay.

[01:02:40]>> I don't think it's a crime to tell.

[01:02:43]>> Miss Martinez, Miss Martinez, it was not an opportunity for you to communicate. I did not call on you. I first of all, let me say this. Despite what I clearly understand are some very hard feelings and emotions that are involved. I do want to say I very much appreciate the mostly respectful manner in which you both have conducted yourselves. I can assure you that this is not typically what I get in a TTRO whether I have lawyers or not. Uh and so I I really do appreciate that. Um the issue that I am struggling with, Mr. Gonzalez, is that the burden for a restraining order of any kind is very very high. Um a and and generally what the court has to find is that the person seeking the restraining order will suffer irreparable harm if the court does not enjoin um the behavior and assuming for the moment that every like I said I'm going to come at this from a place of everything you've said is true right I'm just going to accept it all as true I still am concerned that in the absence of a roommate agreement that's a formally executed one that says you can't do this, you can't do this, you can't do this. And then also in the presence of Ms. Martinez indicating, not that I'm accepting or crediting, I'm not making a credibility judgment. It's more that the concerns that you have raised are things that have taken place in the past. And what I hear, Ms. Martinez is saying is that circumstances have changed. Um, number one with the fact that you're entitled to be in the property. Number two, with the fact that she's been advised by APD that or APD or animal control or whoever it is. Um, that she is not to interfere with the animals absent some change in circumstances that has not occurred so far.

[01:04:46]um she has indicated that she does not intend to um limit your access to the home or interfere with the animals. Um beyond that, what this leads what this the the the only other piece of this is this communication aspect, right? This whether Ms. Martinez is communicating um in a defamatory or harassing way with uh other people. And to the extent that it doesn't seem to be disputed that there is some communication, um you both are correct that the bar for a court to order someone to stop speaking um to stop communicating is very very high. And what what I I guess I would leave it with this is that everyone should always understand that even in the absence of a directive from a court that you may not say X or you may not speak to X. um that you always run the risk that if you make those statements that they are in fact defamatory and that you could be held civily liable in the long term of this case for making such statements if they in fact were actionable and resulted in damage. Beyond that, what I don't have here is a record of even if I accept that those communications have occurred.

[01:06:11]I understand Mr. Gonzalez is that you feel like they are intended to be um threatening or manipulating your behavior in some way that that's why she's making the communications. There's not a sufficient record here for me to determine that those communications are harassing as that term is legally defined. Um and so for now, I'm going to deny the request for a temporary restraining order. Um, what I am going to leave you with though is a a caution that part of my decision here is based on Ms. Martinez's I'm going to accept them as good faith representations. That she understands that you are entitled to have access to the property and that whether she likes it or not, they're not her pets and unless they are in immediate danger, right, in a way that would actually justify contacting animal control, she's not to interfere with the animals. Um a and that that beyond that that is the basis for my decision is that ultimately Miss Martinez has indicated she doesn't intend to undertake in the future any of the actions that have been um for which there has been concern. Beyond that, I don't think that there is a legal basis for the court to I I don't believe that there's a showing of irreparable harm um even crediting fully the allegations. Um and I um because of that don't believe there's a basis for uh a temporary restraining order. Now, obviously, if circumstances change, you can pursue that and seek relief. Um, it is of course my hope that that does not occur and that you guys either don't live together anymore or find a way to live together in a way that um will not cause the two of you so much trouble and emotional concern and and legal issues.

[01:08:07]Yes, sir. Mr. Gonzalez.

[01:08:09]>> So, I I understand your decision, your honor. Uh, one of one of the bases of why I I made this motion is because while Miss Miss Martinez I and I I do see the video where Miss Martinez does say I received clarity from APD uh on the on the 22nd. She still called Olton County Animal Control on the 23rd.

[01:08:32]>> I I understand that. Um what Mr. Gonzalez I understand that and I don't have perfect information. Um, and I still would not be inclined to grant a um because as to the animals specifically, she can continue to call APD and all that's going to happen is that APD is going to get annoyed with her because they've already communicated to her that there is not a basis to remove the animals, which would be the harm that would arise to you. But given that APD has indicated that they will not remove the animals, then I can't legally find that there is a risk of irreparable harm because APD is not going to remove the animals. And if they did remove the animals, it would be because there was a reason to remove the animals. Uh, and there doesn't seem to be that. Uh, and so that's why I'm ruling in that way.

[01:09:29]Yes, Miss Martinez. I'm >> just I know one one clarification is that I wasn't even home on the 23rd. So what it was was I >> you you don't need to explain right I understand everybody wants to vindicate each point >> but at the end of the day >> too much >> my ruling is what my ruling is which is I I want to be clear I don't think that Mr. Gonzalez has legally satisfied the burden to get a temporary restraining order for me to enter an order constraining or enjoying enjoining your behaviors. That doesn't mean that I don't find some of those behaviors problematic and suggest to you strongly that you should conduct yourself in a different manner so as to avoid legal exposure for these issues if Mr. Gonzalez intends to try and pursue them further. Okay, Mr. Gonzalez. Yes, last point. Yeah, this this this is kind of going beyond this in the sense of that uh Miss Martinez, the offer to have full refund of your of the money you spent to live here is still on the table. You can I I'm totally willing to have you get the money you paid. And if if this is such a terrible residence to live under, I the offer still stands.

[01:10:50]I'm I'm telling you if you need to if last month, this month, and your security deposit, it's all yours if you want it.

[01:10:58]>> That is um >> I I encourage you guys to continue to communicate with one another in writing or by Zoom or by phone, etc. Um but the court, it should not be a party to efforts to resolve the case, although I encourage you to continue to do so. Um, just so you understand where the case is procedurally, what's going to happen next is I'm going to enter an order denying the request for temporary restraining order um, for the reasons that I outlined and then your case going forward will return to Judge Schwall um, for his handling in whatever manner he typically handles these matters. Okay, thank you very much and I will enter an order in the next couple of days and um, I wish you both the best of luck. Thank you.

[01:11:46]>> Thank you.