03x105 - GoFundMe Family Fail

[bunniefuu]

[Judy] You witnessed your father
physically abusing your mother?

-Yes.
-Never.

My dad pushed my mother to the floor.

In addition, had also thrown objects
at my mom before.

-He did, like, threaten her.
-She attacked me.

Were you ever served
with a protective order?

-I...
-That's either a yes or a no.

-[announcer] This is Judy Justice.
-[theme song]

[announcer] Hector Diaz is suing
his niece-in-law, Blanca Padilla

for the value of a GoFundMe
fundraiser and defamation.

[Kevin]
Court come to order. All rise.

Have a seat, please.

Judge, case 3162 Diaz versus Padilla.

-Thank you.
-You're welcome.

[Judy] Mr. Diaz, I assume that
this is your soon to be ex-wife?

-Yes.
-[Judy] That lady sitting over there.

-And who is the young man with her?
-[Hector] Our son.

[Judy] And this is the niece
of your soon to be ex-wife?

-Yes.
-[Judy] And your complaint is

you are in the process
of going through a divorce.

It's not as easy as one would hope.

And that your wife's niece decided
to do a GoFundMe page for her aunt

to help her pay for lawyers' fees
and living expenses

because you were not a nice person.

And that she said things in the GoFundMe
page that were defamatory.

-And you want her to pay for that?
-Yes.

[Judy]
That's what the case is about.

So let me get some preliminary
information from you Mr. Diaz.

When were you and your wife married?

-What year?
-November 28th of 1998.

-And when did you separate?
-01/25 of 2022.

-[Judy] You have children?
-[Hector] Yes.

-How many? Two?
-Yeah.

[Judy]
You had to think about that?

[Hector] Yeah. Well, yeah, two.
But I'm... what I'm thinking about

is the time we separated,
I think it was 2023. Sorry.

-You left the house?
-[Hector] Yes. I went to Hubbard House.

[Judy] Okay. Now I'd like to see
the GoFundMe page

-that Ms. Padilla created.
-Sure.

And Ms. Padilla, you do not deny
that you created the GoFundMe page?

-I do not deny. I did create it.
-[Judy] Shh. Just a second.

-You did create it and you wrote it?
-[Blanca P] Yes.

[Judy] And people donated money
based on what you wrote?

-[Blanca P] Correct.
-[Judy] How much?

-As of today, the total is 7,158.
-Okay. And Ms. Padilla...

I assume that you gave
the plaintiff's wife that money?

-[Blanca P] Correct. And...
-[Judy] Just a second.

Is that correct
or is there a caveat in there?

-[Blanca P] There is a caveat.
-Let's have the caveat.

All the expenses were paid towards
her mortgage and utilities

directly or through a third party.

-What third party?
-[Blanca P] Teresa Sheamus.

-[Judy] Who is that?
-She's a friend of the family.

[Judy] Okay. So money was given
to her to pay the bills directly?

-Correct.
-[Judy] Okay. I'm gonna read it out loud.

"It is with humble hearts
that we reach out to you today

for help in a situation
involving our beloved Aunt Blanca.

For 24 years, she has suffered in silence
about her a*usive marriage.

During those years, she has endured

psychological, emotional,
spiritual, and physical abuse.

She was belittled, insulted, manipulated,
threatened, assaulted, controlled,

and kept in the dark about all family
finances. After several terrifying events,

Blanca found the strength
to finally speak up and seek help.

She went to court and was awarded
a restraining order against him

and was able to return to her home.

Her husband has become
even more dangerous,

as has completely abandoned
his responsibilities

as a father and a husband.

He has emptied all of their life savings,
retirement accounts,

bank accounts, and has maxed out
most of their credit cards.

He has fraudulently opened accounts
in her name as well as the kids

to ruin their credit
and ability to obtain funds.

Not only has he left them without
any money and ruined them financially,

but he has also gone as far
as repossessed her car,

shut off all of her utilities
in the house,

and closed most credit cards
she had access to for food.

He has threatened to stop paying
the mortgage and leave them homeless.

He continues to go on
luxury shopping sprees,

buying cars, a motorcycle,
lavish vacations.

Blanca has serious health issues, relies
on medication and ongoing medical care.

Her daughter suffers
from life-threatening asthma,

needs her medication as well.

Her husband has violated his
restraining order on several times

without consequences.

Both Blanca and her daughters
are in constant fear for their lives.

He has gone as far as saying she needs
mental help and claim she's erratic

and is a danger to her daughter.

Everyone close to her in this situation
knows this is far from the truth.

Blanca and her daughter
need protection and legal help

to proceed with a divorce
to keep him away.

We ask for your financial help and I write
with great appreciation. Thank you all."

And then on March 18th you wrote again,

"I would like to inform everyone that I am
being sued for the funds that were raised.

I am being accused of defamation of
character and a fraudulent GoFundMe page.

The same person who continues
to remain nameless..."

Well, that's not true.

"...would like to receive the funds
that were raised for his family.

The hearing will be held next week."

What makes you think "the same person
who continues to remain nameless"...?

What does that mean?

I didn't mention his name in the GoFundMe.

-Oh, that's not a possible defense.
-[Blanca P] Mhm.

-You have to understand that.
-[Blanca P] Mhm.

[Judy] That is not a possible defense,
that because you didn't put in his name

that he cannot be identified.
You do understand that?

-I do understand that.
-[Judy] Okay.

Alright. So let's go back.
I'm gonna ask you a couple of questions.

[theme music]

There were scratches, which he alleges,
and I have photos of the scratches...

-His?
-[Blanca P] ...that she... Yeah.

And he alleged that she scratched you?

What had happened, the attacks,
the police was called.

They analyzed the whole situation
and they ended up arresting her.

How long were you incarcerated?

[theme music]

[announcer] Hector Diaz claims
his niece-in-law Blanca Padilla

defamed him online by creating a GoFundMe
fundraiser with false information.

Now, I want you to show me proof
that he has opened up accounts

in her name and the children's names.
Just a... I want you to show me...

-Okay.
-...that he has opened accounts

after they separated,
which was January 25th, 2023,

in her name and the children's names.
I want you to... do it!

I don't have that evidence.
I don't have evidence that...

[Judy] Then you're guilty, madam.
Just a second. Then you're guilty.

Do you understand? I'm gonna pick out
things here and ask you, that unless...

do you have proof that he opened up...

-Yes?
-[Judy] ...accounts in your name...

-[Brandon] Mhm.
-[Judy] ...or your name...

-Not after January.
-...after January 25th, 2023?

-Not after January 25th.
-Then you're guilty.

Because if accounts were open while they
were together and while they're married,

I'm not taking statements
as to whether he had their consent.

People do things
when they're in a married situation.

So do you have an account that
he opened after January 25th, 2023?

If the answer is yes, you can stand.

He had it still open and active after
that, but he did not open it after 2023.

[Judy] Then I'm not interested.
What happened in your family

prior to the separation of your family
is within your family,

and I'm not getting into your finances
within your family.

Right now, she says he has
fraudulently opened accounts in her name

as well as their kids to obtain
credit funds. Wrong. Guilty.

See what happens when you butt
into somebody else's business

that you're supposed to stay out of?

-But Your Honor...
-[Judy] Don't speak.

-Yes, Your Honor.
-This has nothing to do with you.

This has to do with you.

-That's correct.
-What you can prove to me,

I'm not finished with this stick.
Just a second.

-I'm going through line by line.
-[Blanca P] Okay.

[Judy] I would like you to show me, or if
you have them from the plaintiff's wife,

any medical records
describing physical abuse

that she alleges happened
at the hand of her husband.

-Do you have any?
-I don't have medical records.

Doctor's reports?

-[Blanca P] No, I don't have medical...
-No? Okay. Here we go.

Do you have any proof

that the plaintiff violated a restraining
order that is in place against him?

-Yes.
-[Judy] I'd like to see it.

So I have the arrest.

[Judy] No, no, no. I just wanna see
if there's a protective order.

-[Blanca P] There's an injunction, yes.
-There's a protective order.

And these are the police reports,
the arrest warrant.

-Okay. I'd like to see it.
-[Blanca P] Okay.

And I have the injunction as well.

Okay. Sir, you appeared before a judge
in December of 2023?

[Hector]
Yes.

Were you ever served
with a protective order?

-I was...
-[Judy] That's either a yes or a no.

-Yes.
-[Judy] Okay.

Did you go to court
on that protective order?

[Hector]
No.

[Judy] Did you have a hearing
with regard to that protective order?

-No.
-Is there a final order of protection?

Yes, but without me
appearing to the hearing.

So you just defaulted and didn't appear?
Is that what you're saying to me?

I had dismissed her injunction
'cause she attacked me,

and she had her first injunction
and I was in the house the first time.

I dismissed all her charges
and she retaliated

by opening up a false injunction
against me,

which I thought I didn't have
to go to court because mines were set.

I didn't have to appear in court for...
I dismissed her injunction.

I did not know that she had
opened one against me.

[Judy]
When had you filed one protective order...

On the 25th when it happened,
the attacks, on the 20th and 25th,

the police was called.
They analyzed the whole situation,

-and they ended up arresting her.
-[Judy] Just a second.

How long were you incarcerated?

-[Judy bangs pen]
-Two days. Can I... may I speak?

-[Judy] Not yet.
-Okay.

[Judy] So you understand that
there is a protective order against you

that was issued on default?

On default
because she admitted things that...

-[Judy] Just a second, you didn't...
-...that weren't true.

[Judy] It was issued on default
because you weren't there.

-'Cause I wasn't there. Yeah.
-[Judy] You understand that?

I understand that. Yeah. And I'm wearing
an ankle bracelet right now for that.

-It took me a lot to get here.
-[Judy] It took what?

For eight months I've been
wearing an ankle bracelet

because of that injunction
that I violated supposedly.

-That part then is true.
-[Hector] Mhm.

"Her husband has violated his
restraining order on several occasions

without consequences,"
with the exception of an ankle bracelet,

-which is a consequence.
-Mhm.

-[Judy] So you are home free on that.
-[speaks indistinctly]

Okay. Now, you wanted to say something?

Yes. I wanna say that on January 26th,

I went to the Hubbard House,
which is a domestic shelter.

[Judy]
I want to hear what happened before that.

-Was that before or after your arrest?
-This was before. And so on January 26th,

I went to the court and applied
for a temporary injunction,

which is an order of protection. He was
served on February 1st. In retaliation,

he went to the police and he had me
arrested February 2nd under false charges.

[Judy] What did he allege in the action
that he filed against you...

-That I beat him up. I...
-[Judy] that they arrested you?

-[Judy] You have to have known.
-There were scratches, which he alleges,

and I have photos of the scratches.

-He says that he's, that she...
-[Judy] His?

-Yeah.
-And he alleged that she scratched you?

-Yes.
-[Judy] Okay. Have a seat.

Okay. Thank you.

[Judy] Okay. So the GoFundMe
page has... two problems.

One is physical abuse of which you
have no proof other than her statement.

-And Brandon's.
-And my statement as well.

And have you ever been arrested
for physically abusing your wife?

-Never.
-So you are basing

the physical abuse on statements
that your aunt made to you?

-Brandon...
-And as well... as well as me, Your Honor.

[Blanca P]
Brandon was the person that told me...

-Because I grew up...
-[Judy] Just...

-This is not a shout out.
-I apologize, Your Honor.

[theme music]

My parents who continuously had very...
intense and, you know, abrasive fights,

one day it got really intense. I have,
you know, very vivid images of that.

Okay.

[theme music]

[announcer] Hector Diaz has accused
his niece-in-law Blanca Padilla

of defaming him online,

after she created a GoFundMe
fundraiser with false information.

You are basing this statement

on statements that
the plaintiff's son told you...

-Correct.
-[Judy] ...about?

-Stand.
-[Brandon] Thank you.

-[Judy] You are Brandon?
-Yes. That's right.

-[Judy] Okay.
-Thank you, Your Honor.

And you've indicated
that you witnessed your father

-physically abusing your mother.
-Yes.

Have you ever witnessed your mother
physically abusing your father?

-No, I have not.
-[Judy] Okay.

Tell me when the act or acts of physical
abuse took place and what you observed.

-Um...
-[Judy] Date, year, month.

Around 2019 or... 2018, 2019,

my parents who continuously had very...
intense and... you know, abrasive fights

that were very detrimental
to me and my sister.

One day it got really intense
and my dad pushed my mother to the floor.

And I know that my father, in addition,

had also thrown objects
at my mom before, I had seen.

You know, they didn't hit her,
but he did, like, threaten her.

I have, you know,
very vivid images of that and...

[Judy]
Very good. You can sit down.

No.

No.

Okay. There are probably some things
in your GoFundMe page that are accurate.

I probably would believe that during the
course of this acrimonious separation,

and they've clearly had fights,
which according to your witness

were intense between both of them.

And he didn't say just his father.
He said they were intense fights.

That being said, I believe that
he emptied the bank accounts.

I believe that he cut off
her credit cards.

That's what people do when they
get separated and it's acrimonious.

That's what happens. And you can put
that in here because that's true.

You can't put in things that aren't true

and you put in things here
that aren't true and that's defamatory.

And you can't do that.

In any event, you should have kept
your nose out of other people's business.

I wasn't gonna let her drown. When he left
her and he tried to destroy her...

-[Judy] Just a second.
-...I did...

-[Judy] Listen to me...
-...everything in my ability to help.

[Judy] Are you trying to talk over me?
You can help.

You cannot say things on a public forum

disparaging someone else
with stuff that you can't prove.

And you can't prove that he
fraudulently, after the separation,

opened up bank accounts in her name
and the children's name

in an attempt to ruin their credit.
You can't prove that. This is defamatory.

You are accusing him of fraud
and you can't prove it.

Okay. So that was not true, Mr. Diaz,
what she wrote about you,

or that she has no proof of it
that you opened up credit cards.

The rest of it, fair game,
in this GoFundMe page.

She can say that you were overbearing.

She can say that her aunt
was afraid of you.

She can say that you
stopped paying the mortgage.

She can say that you
closed out her credit cards.

-Did you do all those things by the way?
-No.

-[Blanca P] I have proof.
-[Judy] Did you stop paying the mortgage?

-No.
-I have proof.

-[Judy] Just a second.
-No, ma'am.

I've been living away from my home
for now up to a year.

Yes.

[Hector] I put the house on a forbearance.
I've been paying 1,700...

-Hold on.
-...for rent, to live outside since May.

I want you to listen to my question
very carefully and let's not be slippery.

-Okay.
-[Judy] I asked you

-if you stopped paying the mortgage.
-No.

You've been paying the mortgage
every month. She's gonna show me.

I don't wanna know that you've been paying
someplace else to live

and you stopped paying... that's a reason.
I'm just asking you a question.

-[Hector] I couldn't...
-I expect an answer.

-[Hector] Okay. So what I...
-Did you pay the mortgage?

I paid up until I left the house.
When I left the house...

-Well, that was in January of 2023.
-[Hector] I had to call in.

I said, I was no longer employed
and I had to...

-[Judy] Okay. Alright.
-...put the house on forbearance.

Oh, okay. Fine. So the answer is
you stopped paying the mortgage.

Okay. The only thing
that she wrote here...

-[Hector] Mhm.
-...that she has no proof of,

which is a crime, is opening up
credit cards in somebody else's name.

And when you do that,
and it's after parties have separated,

and if you do it for the purposes
of ruining their prospective credit,

well, that's a crime.
And she has no proof of that.

-Never done that.
-[Judy] Okay.

I tried to resolve this GoFundMe page
amiably with her. These are her responses.

[Judy]
I don't care what her responses were, sir.

Actually, she's not allowed to say
anything that's untrue

accusing you of committing a crime
on her GoFundMe page.

Judgment for the plaintiff for the
amount of $3,000. We are finished.

[Kevin]
This court is adjourned.

Next time,
I'm gonna suggest to everybody else,

they stay out of other people's business.

[theme music]

Esther? Yeah. She's very inflammatory in
her emails, in her...

in her fake postings.

I wasn't gonna allow my family
to be ruined financially and legally.

I was gonna stand up
and do the right thing for them.

I don't think what I did was incorrect.

And just because I didn't have
the evidence with me today

-doesn't mean he didn't do that.
-It got messy because...

she claims... her allegation is
that I went and wrote her emails,

wrote her text messages
after there was a no-contact order.

So she used all that evidence
to keep me away from my children.

Just because you're married
doesn't mean you can't do a police report.

Just because you're married doesn't mean
this is right, and defend yourself.

You know, we're still the same entity
because we're still married,

but once you know,
we're divorced, then it'll be...

you know,
it'll be a more better relationship.

That's it. I'll always defend my family.

I believe a lot of the things
that are in that GoFundMe post...

-Mhm.
-...probably accurate.

He did in fact stop paying the mortgage

-for whatever reason.
-[Sarah] Yeah.

[Judy] There's indication that he...
at least in some of the notes

that he was in fact
incarcerated for something.

He's wearing an ankle bracelet, which
is probably a pretty serious incident

'cause most of this stuff is
about stalking.

-Yeah.
-[Judy] But when you post something

for public consumption, and if something
is not accurate, and if it's a crime,

or call somebody's reputation,
it's a serious dispute.

Although, I don't know much about his
reputation, you can't do that.

You know, and it is possible that
during the course of their marriage,

-several bank accounts were open.
-[Sarah] Sure.

-[Judy] Several credit cards were open.
-Sure.

And let's say they maxed out
all those credit cards

and she was one of the holders
of those credit cards.

-He maxed out the credit cards and...
-Mhm.

...if the time is afterwards
and he's committed a fraud...

-[Sarah] Mhm. Mhm.
-...now he's separated, and he's divorcing.

So he knows whatever he does now
is not for the benefit of the family.

-That's what she claimed.
-Mhm.

[Judy] And that's not true.
And you can't do that.

So my best advice is to
stay out of other people's divorces.

[Sarah]
Yeah.

[announcer] Are you a victim of a scam?


[theme music]