Law and Lemons

0:00 Plaintiff Renee Ashford says she and the defendant

0:02 worked together at a department store

0:04 and she believed he was a nice church-going

0:07 guy until she purchased a car from him.

0:10 Renee says the defendant sold her a lemon and now he won't own up to it.

0:15 She's suing her coworker for the cost of a car and court fees.

0:19 Defendant James Jackson claims the only reason the plaintiff has brought

0:22 him into court today is because he denied her sexual advances.

0:27 James says Renee is so bitter that he

0:29 wasn't interested in her that she threatened

0:31 to have his car windows busted and James

0:34 was forced to report the threat to their supervisor.

0:37 He's countersuing for lost wages and harassment.

0:40 Start with you.

0:41 Your honor, I met James Jackson a year ago at work.

0:45 I used to have a lot of small talk with him.

0:47 He was a nice person.

0:48 He goes to college, goes to church.

0:50 I used to talk to him a lot when business was slow.

0:53 But then he scammed me.

0:55 What type of uh workplace do you all share?

0:59 at Nordstrom.

0:59 I work at Nordstrom in a women's shoe department.

1:01 I work in the women's shoe department.

1:02 He works in BP department.

1:05 He offered to sell me his car for $600.

1:08 I decided to go with that and then after a while,

1:12 he jumped the price up to $700.

1:15 So, at the time I needed a source of transportation, I took it.

1:18 Like, okay, I'll take it.

1:20 Whatever.

1:21 So, the plan was to buy the car August 5th.

1:24 I bought the car August 5th and then money August 5th?

1:28 Yes, that's payday.

1:30 Then August 6th came the next day, the car breaks down.

1:35 It doesn't start.

1:36 I call him 9:00 a.m.

1:38 Hey James, the car is not starting.

1:40 Then he tells me uh what did you do to the car?

1:44 And I was like, I didn't do anything but get the car oil change.

1:47 So, then he calls his cousin over to come look at the car cuz he's not in town.

1:52 He's out of town.

1:53 His cousin comes over, looks at the car and tells me hey,

1:57 I worked in this car before.

1:59 This is a bad car.

2:00 Try to get your money back.

2:02 So, then I came up with a solution like, well, let's just tow it to a mechanic.

2:05 We he towed it to to the mechanic and come

2:07 to find out the car needed a timing belt.

2:09 That's all it needed ultimately?

2:11 Yeah, it needed a timing belt.

2:12 It wouldn't start.

2:13 The timing belt is a little over $600 and I got it printed out.

2:18 Here you are.

2:19 Sir, what do you want to tell me?

2:20 What's your version of events?

2:22 Well, to to start it off, from the moment she was hired,

2:25 she wanted more than just a friendship relationship with me.

2:29 You know, on numerous occasions that is She Okay, let him finish.

2:32 On numerous occasions, she would tell other employees,

2:36 you know, she wanted to take me out.

2:37 She would ask me on different advances, you know, to go out for a date.

2:41 And Did you ever comply with any of that?

2:43 No.

2:43 No, I'm actually involved and it wasn't until she was

2:47 she liked me and I'm going to be involved, so I'll sell her a bum car.

2:50 Your No.

2:53 You go ahead.

2:54 Well, I mean, it and it wasn't until I actually told

2:57 her I was involved when this whole different person came out.

3:00 Now, on the day I sold her the car, this is what happened.

3:03 I drove the car to work.

3:04 She We had an arrangement she was going to come

3:06 pick the car up while I was at work.

3:08 When she showed up, all of a suddenly she didn't have any money.

3:11 So, I actually allowed her a lie, your honor.

3:14 We got paid August 5th.

3:15 Let him finish his testimony, please, as he allowed you.

3:19 Yes.

3:20 I allowed her to take the car to go cash

3:22 the check to bring me the money back to pay for it.

3:25 Uh at that time it took her three or four hours.

3:29 So, after I say the 15th or 20th call,

3:31 I told her if she doesn't return my car, I'm going to issue a stolen car report.

3:35 And that's exactly what I did.

3:36 In the next 10 minutes, guess who comes through the door?

3:39 Her.

3:40 And what her excuse was it took her so long,

3:42 she has the car checking out by her brother, which she claims was a mechanic.

3:45 That's a lie.

3:45 even have a statement from an employee at work who witnessed the whole thing.

3:50 Did the car break down one day later or not?

3:54 The car broke down a little over 24 hours.

4:12 Why don't you think she should get her money

4:14 back for a car that really didn't work?

4:16 At the same time, I offered her $300 back just out

4:20 of good faith and she said she wanted all or nothing.

4:24 Why wouldn't you give her all of her money back

4:27 for a car you sold to her that lasted only one day?

4:32 Well, the reason I didn't, being that I am a church-going person,

4:35 I am a student, she brought, you know, God into the situation.

4:39 God's going to get you.

4:40 God this and that.

4:42 And that's when I decided I'm not giving you anything.

4:46 And she threatened me with the lemon law and Right.

4:50 And I mean, I study law at the University of St.

4:54 Thomas and I looked at the Uniform Commercial Code.

4:58 It specifically states that if the seller's not a merchant,

5:01 the risk of loss passes on a tender of delivery.

5:03 Let me see what you have.

5:06 I have these statutes here.

5:08 I have Does it say anything about implied warranty?

5:11 No.

5:12 All right.

5:15 And I also have the the law.

5:17 That's something you wrote down.

5:18 Yeah, I didn't I didn't bring in THE LAW IN.

5:22 COUNSELOR?

5:25 I ALSO HAVE I also have the statement that the employee wrote.

5:29 You sound like one of them jailhouse lawyers.

5:31 I have I have statements from local mechanics estimators 390.

5:35 What year in law school are you in?

5:37 I'm actually in my first year.

5:38 Of law school?

5:39 Yeah, I'm actually Which law school?

5:41 University of St.

5:41 Thomas.

5:43 The law school there?

5:44 I'm actually finishing my undergrad.

5:45 I just I'm going to law school.

5:47 I said I'm studying.

5:49 That's why I thought That's why I said law school there.

5:52 Then you finally tell me the truth.

5:54 I'm studying law.

5:56 You're deceptive.

5:57 You practice deception and misrepresentation and fraud.

6:01 law at the University of St.

6:02 Thomas.

6:02 That is what you've done today and those are the most heinous crimes

6:07 that a lawyer can practice because that's what the practice of law is built on.

6:13 The trust that the lawyer will not deceive either the court,

6:18 his client, or the opposition.

6:21 You said I have the law.

6:23 And you handed me some stuff you wrote down.

6:26 I thought you had A COPY OF THE STATUTE.

6:30 THEN I ASK YOU IF YOU HEARD OF IMPLIED WARRANTY.

6:33 OH, YEAH, good because that's what is controlling this issue.

6:37 When you sell someone a car,

6:41 there's an implied warranty whether it states as is,

6:45 if it states I'm not giving you a dime back,

6:49 there's an implied warranty that it works.

6:52 You can't sell someone something that doesn't

6:56 work unless you say, this does not work.

6:59 You can say as IS ALL YOU WANT, BUT YOU can't say this works.

7:04 It worked when she drove it out.

7:05 24 hours, it doesn't.

7:08 She drove it out.

7:09 She actually drove it and got an oil change.

7:12 Right.

7:12 works.

7:12 She drove it to get an oil change.

7:15 hours is not purchasing a car that works.

7:18 belt.

7:18 Timing belt is unpredictable when it breaks.

7:20 Right, and I'm interpreting the fact that if it doesn't work

7:26 within 24 hours that you sold her a car that didn't work.

7:32 That's my interpretation.

7:34 And you don't mind if the judge interprets the law as that, DO YOU?

7:38 COUNSELOR?

7:40 WHAT'S YOUR COUNTER CLAIM FOR, COUNSELOR?

7:42 $550?

7:44 For what?

7:46 Well, I'm suing him for lost wages and for emotional damages.

7:51 Tell me how she damaged you emotionally.

7:53 Well, at work, I also have a statement from that as well.

7:57 Um at work, she went up to a fellow coworker asking me what

8:01 kind of car I drive so she could have someone come break my windows.

8:05 Did she?

8:06 No, not knowing that he have your windows broken?

8:09 No.

8:09 Okay, so one more time.

8:11 How did she damage you?

8:13 That's what I'm I'm saying.

8:15 What?

8:15 Well, she when she said that, I had to go

8:17 to human resources for that and I was sent home.

8:20 You had to go?

8:21 I had to go cuz when he when he told me,

8:23 it was overheard by a manager in my department.

8:25 Okay, and what did the manager do?

8:27 He said, go to human resources.

8:29 don't, I will.

8:30 That's exactly what I said.

8:31 was the damage?

8:33 For the human resources,

8:34 I was sent home for that day as as well as the following.

8:36 She was instructed Let me see your statement from your employer.

8:40 Well, this is from the employee.

8:42 I couldn't release the No, sir.

8:44 You're going to give me some more written nonsense.

8:46 Give me that.

8:46 statement from the employee.

8:48 Give me her statement from your employer,

8:50 your human resources department that says you are being

8:54 disciplined because of something that happened on the job.

8:59 It's property of the company.

9:00 me again.

9:01 It's property of the company.

9:02 They wouldn't release it to me.

9:03 Property of the company.

9:05 So, you're telling me when you are disciplined,

9:07 you can't get a written copy of why you're being disciplined.

9:13 You just have to take the discipline and not see why.

9:17 I have to I had to enforce the company

9:18 you're now you're insulting my intelligence, counselor.

9:22 Your case is dismissed.

9:23 So are you for trying to play with my intelligence calling yourself a lawyer.

9:27 $855 to the plaintiff for his misrepresentation and his FRAUDULENT CONDUCT.

9:35 HAVE A GOOD DAY, THANK YOU SO MUCH.

9:39 counselor or wannabe counselor.