01x28 - as*ault with a Deadly Hedge Clipper?

[bunniefuu]

You were shouting at him.

- He was shouting at you.
- Correct.

He pushed me to the ground.

That resulted in him picking up a weapon.

He then grabbed
the hedge clippers overhead

and tosses them and hits my windshield.

Did you throw the hedge clippers?

Yes.

I'm 80 years old.

He should not do that... that to me.

[announcer] This is Judy Justice.

[theme music playing]

PLAINTIFF

[announcer] Eric Tavares is suing
smog station manager, Peter Sewa...

DEFENDANT

...for unpaid wages, vandalism,
and as*ault.

[Kevin] Court come to order.

Be seated, please.

[Kevin] Hello, Judge.

Case 1082, Tavares versus Sewa.

- Thank you, Kevin.
- You're welcome.

Mr. Tavares,
you are, according to your statement,

- a certified smog inspector.
- Correct.

Did you have any special training
to become a smog inspector?

Yes, I did.

Tell me what that training consisted of.

Uh, it was a year of going to school.

And when did you do that?



[Judge Judy] Just so that you understand,

I'm asking these questions Mr. Tavares

because the case
is a relatively simple one.

Unfortunate but simple.

It is your claim
that the defendant hired you

to do some work in his shop

as a certified smog inspector.

PETER SEWA
SMOG STATION MANAGER

He agreed to pay you a $120 for the day.

He didn't pay you the $120.

He offered you substantially less,

he says because he looked you up

and you weren't
a certified smog inspector.

- That's what you say in your answer.
- Yes.

- Okay. You have proof of that?
- Yes.

[Judge Judy] Let me see what you have.

[Peter] This... This is his score.
Under thir... under 40.

[Kevin] Okay.

This says
that follow-up pass rate,

Eric Tavares,

and it's a fail number
with a inspection number.

I don't know what that means.

Could you explain this to me?

The score, the STAR score,
got to be above 40.

Point 40.

But his score only point 30.

When I check his score that day,
I cannot put him on the station

because our station is a STAR certified.

STAR certified supposed to be
point four... forty up.

Let's backtrack a little bit.

So you are a licensed smog inspector?

Correct.

[Judge Judy] And you can check cars?

Eric Tavares
Suing for $1554 for waves & car damage

Yes.

There are certain stations that have,

I gather from Mr. Sewa's statement,

that have five-star ratings,

and certain stations
that are four-star ratings

it would have to be,

and certain stations
that have three-star ratings.

Peter Sewa
Claims Plaintiff was not certified

- Would that be correct?
- Yes.

And his station is a five-star station

and his five-star station
would need a pass rate of 40.

That doesn't mean
you can't do smog inspections

if you got a lower grade than that
in other stations.

- Am I also correct?
- Yes, ma'am.

- [Judge Judy] Does that sound right?
- Yes.

Okay. Well, that's... so that's easy.

Okay. You spoke to him on the phone?

Yes.

[Judge Judy] On what date?

The 21st or the 22nd.

When did he want you to come in to work?

Beginning 23rd of... which was Friday.

Just for one day?

Eric Tavares - Says he received training
for smog inspection

Uh, he had told me that I was going
to come work for Friday and Saturday,

and then afterwards,
he was going to let me know

if I could be his permanent replacement.

When you spoke to him on the phone...

- [Peter] Uh, I spoke to him...
- When you spoke to him on the phone,

you arranged
for him to come in on a Friday.

Peter Sewa
Claims Plaintiff's test score was too low

On Friday, yes.

And he came on Friday
which was the 23rd of July.

- Yes.
- [Judge Judy] And the agreed price

that you came to terms with on the phone

- was $120.
- Yes.

Hundred fifty. Not hundred twenty.

- [Judge Judy] Hundred...
- Hundred fifty.

- One fifty?
- [Peter] Yes.

- $150.
- I pay $150 a day.

But Friday, you come, you try out only.

I don't care whether
he was trying out or not.

He says you agreed to pay him
a hundred and twenty.

You say you agreed to pay him
a hundred and fifty.

- I believe you.
- Hmm.

How many cars did you see that day?

Throughout the day, about four to five.

- Four to five?
- Yeah. Four to five.

At some point, Mr. Sewa told you

that there were no more cars,
you should go home.

- His reasoning was because of...
- [Judge Judy] No, no, no.

- Is that correct?
- Yes.

Okay. About what time was that?



Tell me what happened.

He began telling me
that I wasn't a good fit.

And, uh, since I didn't agree with him...

[Judge Judy] Just a second.

He said to you
you're not a good fit for the shop.

- Correct.
- [Judge Judy] Did he tell you why?

Uh, he said it was because
of my work history.

Eric Tavares
Says he serviced 4-5 cars that day

[Judge Judy] If somebody said to me,

"You don't get the job
'cause of your work history,"

it would be a natural question
for you to ask,

"What work history are you talking about?"

- Correct.
- [Judge Judy] Did you ask him

- that question?
- Yes.

Did he answer you?

Yes, he did.

He had told me that
it wasn't a long enough history

to be a good enough fit
for the position at the shop.

[Judge Judy] Okay.

And what did you say?

I told him that I didn't believe him
because I've been a good technician

and I've... I made zero mistakes,
uh, in front of him

while I was performing the inspections,

so I stuck around and complained about it.

Well, how did you do that?

I requested him to... to tell me the truth

as to why he wasn't allowing me
to fulfill my day's work,

as well as, um,
finish the weekend that I was...

I assume that the voices
were raised at this point.

Uh, yes.

[Judge Judy] So it's not as if
you're having a casual conversation

like you're having with me.

You were yelling at each other.

It was an argument, yes.

[Judge Judy] And this was in the shop.

- Yes.
- Had he offered you any money?

Uh, he offered me gas.

- Initially?
- [Eric] Yes.

What did he say?

He said, "I can give you money for gas

but I can't give you anything else
for what you worked."

Eric Tavares - Says Defendant claimed
he had a bad work history

How many cars
had you taken care of before 1:00?

Uh, five.

Is it true
that Mr. Tavares smog tested

between four and five cars
prior to the conversation

that you had terminating him for the day?

Uh, Your Honor,
that day he do only two car.

So, according to you, he did two cars?

- Yes. Only two car.
- [Judge Judy] Okay.

After he did two car,
and then, okay, I... I look at his job.

It's okay. Seemed to be okay.

Then I asked him for his license.

So I check out the license.

Did he... Just a second.
Did he show you his license?

- No. No. The STAR score, the score.
- [Judge Judy] No.

Did he show you his...
You said, "I asked for his license."

- Did he show you his license?
- [Peter] No.

And when he come in, I don't ask him.

He used my license to inspect the car.

- Two car.
- [Judge Judy] Of course.

Well, you have a license to inspect cars

- from the State of California.
- Yes.

[Judge Judy] And you had promise him
$150 for the day.

I... I'm not promising
a hundred and fifty...

[Judge Judy] Yes. No. Yes, you did.

You just told me you did.

You're yelling at him.

COMING UP...

"I'm gonna report this
to the Department of Labor."

That doesn't make sense to me.

This is an angry conversation
that resulted

in him picking up a weapon.

[theme music playing]

PLAINTIFF

[announcer] Eric Tavares
claims smog station manager, Peter Sewa...

DEFENDANT

...owes for unpaid wages,
vandalism, and an as*ault.

You have a license to inspect cars

- from the State of California.
- Yes.

[Judge Judy] And you had promised him
a $150 for the day.

I... I'm not promising
a hundred and fifty...

[Judge Judy] Yes. No. Yes, you did.

You just told me you did. Let's go back.

[Peter] He not working.

[Judge Judy] I don't care
whether he's working or not.

You brought him in for a $150 a day
according to you.

Peter Sewa
Claims Plaintiff lied about test score

If you decided to send him home
'cause he didn't have cars,

that's your problem.

'Cause you had asked, and the agreed price

that you came to terms with
on the phone was $120.

He said 150, not 120.

You agreed to pay him 150.

And when you told him to leave,
according to you,

"I'll give you gas money."

Your Honor,
I talked with him in the phone.

If I hire him, I will pay a $150,
not try out that day.

No, no, no, no, no, no, no.
Nobody does that.

I don't believe that.
I don't believe that, sir. Mr. Sewa...

He told me on the phone, he say...

I say, okay, I... I will let him
put... put his license on the machine.

And he said, "No, no, no.
Let me try out a couple of car,

use my license," that day.

So I said, "Okay. You can come in
to try a couple of cars, use my license."

I inspect him.

After he do two or three cars,
I said, "Okay.

Uh, Eric, you can go to the back to put
your name on the... on the machine."

- But I check... I check his...
- Just... just a second. Just a second.

Mr. Sewa, now you say
after he did two or three cars.

Before you told me he did two cars.

Peter Sewa
Claims Plaintiff serviced only two cars

You just said it was two or three.

After he did two or three, you said,
"Now go put your card in the machine."

Mr. Sewa, what you don't understand is
there are certain things

that are common sense
and there are certain things that are not.

And I think that common sense trumps
not common sense most of the time.

So what I'm telling you is that
he said he was a certified inspector.

He is a certified inspector.

He may not had have a high test score,

the kind that your service center wanted,

Eric Tavares
Denies making any mistakes

but you didn't discuss that with him
on the phone.

There's no question
that you didn't discuss that with him

- [Peter] I discussed...
- on the phone.

- And you had the opportunity...
- Excuse me.

[Judge Judy] You had the opportunity

before you told him to come in

to inspect cars for what you got paid.

You had an opportunity
to check his certification.

- [Peter] Uh, may... may I say something?
- Sure.

I talked with him in the phone.
He said his STAR score 55.

Okay. It would show on the paper 55,
the score.

Did he ask you what your score was?

Yes. At the time, it was 0.5.

Eric Tavares
Says Defendant told him to leave

[Judge Judy] In January, it was 55.

July, it was 30.

When had you taken the test?

It's not exactly a test.

It's the state actually looking
over the work that you've done

to make sure you're doing
everything right.

And at that point,
they had thought it was a good idea

to lower my score to a 0.3,
uh, sometime at the end of July.

So he had that information.

Were you notified of that information?

No. I wasn't notified
until he let me know.

Okay. Now, you're fighting
inside the garage.

Then what happened?

Uh, he began, uh, getting frustrated,

uh, making threats.

[Judge Judy] Just a second.

While you were shouting at him,

- he was shouting at you?
- Correct.

[Judge Judy] And you were
frustrated too, 'cause, at this point,

he offered you, according to him,
gas money.

- Yes.
- [Judge Judy] Go ahead.

Uh, we began... continued arguing.

Eric Tavares
Claims Defendant threatened him

He began, uh, making threats.

- Like what?
- [Eric] Uh, one threat was,

"Leave the shop or I'll make you leave,"

or, "Leave the shop
or I'll call the police."

Okay. Well, he's allowed to do that.

He's allowed to call the police.

Next.

Then, uh, I began to tell him
I wasn't going to leave

because I felt that I was deserving
of the money that I...

[Judge Judy]
So you're yelling at each other?

- Correct.
- "I'm not leaving."

Well, at that point,
I have to tell you, Mr. Tavares,

you're trespassing 'cause he's told you
to leave his premises and you didn't.

Eric Tavares
Admits yelling at Defendant

So, at that point,
you were trespassing on his property.

- Just letting you know that.
- [Eric] Yes.

- [Judge Judy] Go ahead.
- He begins to go

to the supply closet
and, uh, picks up, uh, hedge clippers.

- In the mechanic shop?
- [Eric] Yes.

Eric Tavares
Admits he refused to leave garage

I told myself and out loud
that this wasn't worth it,

that I was just going to report this
to the Bureau of Automotive Repair,

as well as the California State
Labor Commissioner's Office.

[Judge Judy] Just a second.
You're yelling at him,

"I'm going to report this
to the Department of Labor."

That doesn't make sense to me.

He went for a hedge clipper
and you said to him...

'cause you're yelling at this point.
This is not a conversation

Eric Tavares
Claims Defendant grabbed hedge clippers

- Yeah.
- like we're having.

This is an angry conversation that
resulted in him picking up a weapon.

So you're not going into a long di...
"I'm going to report this

to the California Association
of Poodle Breeders."

This doesn't happen.

I want to know what you said,
not what you think you should have said.

[chuckles] What you said to him.

That's exactly what I said.
As I was walking away,

I told him that it wasn't worth it.

Uh, that I didn't want to get
into a police situation.

That I was just going to report you
to the California State Labor Commission,

'cause the only reason
I was still sticking around

was for my fair amount of pay.

- And that's what you said to him?
- Yes.

Or as you were going away?

- As I was walking away, yeah.
- [Judge Judy] Keep going.

As I walked away, I was still, uh,
frustrated so I was still badmouthing him.

Uh, he began following me outside

when I was walking towards my car
with the hedge clippers.

- Okay. You've left the shop?
- [Eric] Yes.

[Judge Judy] Walking towards your car?

- Yes.
- Go ahead.

I get in my car.

Uh, as I was getting in my car,

he's still approaching my car
with the hedge clippers.

As I was getting in, I exit, I tell him...

You were getting into your car
and then you got out of your car?

- Yes.
- [Judge Judy] You're not both

standing outside of your car?

[Eric] Uh, next to it.
He's still approaching it.

- [Judge Judy] And?
- And I tell him,

"If you're going to do something,
do it now, 'cause I've got my phone.

I'm ready to record."
And then he proceeds to, uh, walk away.

- And then?
- [Eric] And then I attempt

to take off with my car.

I moved a couple of inches.

I moved around to the... to the side
of the building to try to exit.

He then grabs the hedge clippers overhead

and tosses them and hits my windshield.

Was the car traveling in his direction?

- No.
- [Judge Judy] When he hits

the windshield,
he hits your front windshield?

- Correct.
- [Judge Judy] So it had to be

traveling in his direction.
Not away from him.

He didn't hit your back windshield.
He hits your front windshield.

I was going around him
and he was coming... he was...

- Well, you were trying to go around him.
- [Eric] Yes. I was attempting, uh-huh.

That's what you... you tell me
that you were trying to go around him

but you were going towards him.

Not with intention.

[scoffs] I didn't say with intention.

I asked whether you were driving away
from him so he was behind you

or driving towards him.

He was basically diagonal
to the car as I was going around him.

And he threw
his clippers at your windshield

- and shattered your windshield?
- [Eric] Yes.

So that's what you're suing for?
You're suing for the day's pay

- that you didn't get,
- Yes.

[Judge Judy]
and the cost of the windshield

- Yes.
- you had to fix.

And there was...
insurance covered part of it,

but part of it was not covered.

- Yes. I have pictures here.
- Okay.

All right. Mr. Sewa, it's your turn.

We're gonna start off at the point
when you told him to go home.

Yes. Uh, after I check his score too low,

I cannot put him on the machine,

so I take $50 say,
"Eric, I give you the... for the gas."

You know, I cannot put him in the machine.

Then he say, "No, no, no.

I want $150 for full price
for full day.

And tomorrow and Saturday too."

I say, "I can't,
because you're not working."

Then I sit down on a chair, brought chair.

We sit down on a chair.

May I see what that looks like,
Kevin, please?

[Peter] I didn't know
he gonna grab the money

from my hand and punch me couple times.

COMING UP...

According to you, he punched you twice,

- Yes.
- [Judge Judy] threw you down,

- kicked you,
- [Peter] Mm-hmm.

[Judge Judy] and grabbed the money
out of your hands?

- Yes.
- And at this point, he was leaving?

- Yes. I want to leave...
- [Judge Judy] Just a second.

I don't understand why you would run
after him to make him stay.

Why would you do that
if he had just assaulted you?

[theme music playing]

[announcer] Eric Tavares has accused
smog station manager...

PLAINTIFF

DEFENDANT

...Peter Sewa,
of refusing to pay his wages,

assaulting him, and vandalizing his car.

Peter claims he was the one
assaulted by Eric.

- You sat down on one of these chairs?
- [Peter] Yeah.

[Judge Judy]
Do you remember these chairs, sir?

No?

So you sat down in the garage?

- [Peter] Yes.
- And?

He grabbed the money from my hand
and punched me.

So you're sitting in these two chairs?

- Yes.
- [Judge Judy] Okay.

So you're sitting in the two chairs
and he...

He grabbed the money from my hand.

- [Judge Judy] The $50?
- Yes.

And punched me on the face a couple times.

And say, "Oh, I go damage that computer."

Then I say, "Stop, stop!"
I have the phone on my hand,

I say, "I'm going to call the police."

And he grabbed my phone, throw it
to the front of that, uh, parking lot.

He threw the phone to where?

To... To the front parking lot.

- [Judge Judy] To the parking lot?
- [Peter] Yeah.

Then he pushed me through the ground
and punched me and kicked me.

Then he go to his car,

drive the car, want to leave.

So I grabbed the tree cutter, trimmer,
go to outside, stop him.

Why did you go outside to try to stop him?

Because he want to leave.

I say, "Wait for, uh...
for the police coming."

You had all of his information.

He was leaving.

He, according to you,
had punched you twice,

- Yes.
- [Judge Judy] threw you down,

- kicked you...
- [Peter] Mm-hmm.

[Judge Judy] ...and grabbed the money
out of your hand?

- Yes.
- And at this point he was leaving?

Yes. He drive the car.

He want to leave.

Well, why did you ran after him

- just make him stay?
- Then... Then he drive the car,

- want to leave and...
- [Judge Judy] Just a second.

I don't understand why you would run
after him to make him stay.

Why would you do that
if he had just assaulted you?

You called the police?

[Peter] Yes.

And you say, "This is who it is.
I have his name.

I have his address.

He just assaulted me."
I mean, you're much older than he is...

Peter Sewa
Claims Plaintiff punched him twice in face

...and he's clearly excited.

He even says he was excited
and you were yelling at each other.

It doesn't make sense to me
that you would run out after him

after he assaulted you.

Mr. Sewa, do you have a police report?

The police report,
I can't get the printout.

Uh, just to read the file number.

Do you have a police report?

Uh, I have a file number.

- What is it?
- [Eric] It was given to me

by the officer that took my report
because I was the only one...

- [Judge Judy] Just... shh, shh.
- ...who called the police.

- Can I see it, please?
- [Eric] Yeah.

This one here.

Did you call the police on July 26th?

That's a yes or a no.

- Yes.
- Okay. So you called the police

three days later?

That's a yes or a no.

I called them same day
but, uh, the line busy.

Then I go... I go to a police station on...
at that day, on Friday.

[Judge Judy] That's not the next day.
This is three days later.

It says 07/26/2021.

I went to the police station and so busy.

I wait three hour.

And I... I say, "I will come back
to make a report next day."

But you didn't go back the next day?

[Peter] No. I went...
I went over there Monday.

[Judge Judy] You went three days later?

- Yeah. Monday. Yes.
- Did you make a report?

I make a report, yes.

You should have the report.

But I went over there three times,
but the police say, uh, "Not ready.

Not ready," so I cannot do it.

Do you have any photographs
of your injuries?

He punched you according to you
at least three times in your face.

- No.
- Do you have any photographs

- of injuries?
- [Peter] No. Don't have any.

- Were you injured?
- I... I have only the knee... in my knees.

[Judge Judy] No. Face.

You say he punched you three times... twice

- or maybe three times in the face.
- [Peter] No. Don't have any scar, no.

[Judge Judy] So you had no injuries,
no visible injury?

- Yes.
- Did you go to a doctor?

- [Peter] No, I don't.
- [Judge Judy] Did you throw

the hedge clippers at Mr. Tavares' car?

- Yes.
- [Judge Judy] Did you have any reason

to follow him after his car?

I'm almost 80 years old.

He should not do that... that to me.

[Judge Judy] He should absolutely...

- [Peter] Mm-hmm.
- ...not put his hands on you,

but, to me, if somebody hit me

or my husband,

or one of my children,
or one of my grandchildren,

I would have wanted to see them arrested.

My sense is if somebody punches you
two or three times in the face,

there is some sort of a redness

or a black and blue that you get
on your face.

- You had nothing.
- But... But he is not punch hard.

Did he punched you softly?

And I fall down on my knee hurt.

Do you have a photograph of your knee?

If your knee hurt then it had a bruise
on it the next day. Okay.

So so far you owe him
a $150 day's pay.

- Did you take $50 from him?
- No.

And what is your deductible
to fix your car windshield?

$500 according to my insurance right here.

Well, how much did it cost you
to fix your windshield?

- You fixed your windshield, right?
- [Eric] Yes.

- It costed me...
- [Judge Judy] Cost you.

[Eric] ...uh, $1,554.

[Judge Judy] Let me see what he's got
from his insurance company, please?

Your insurance company says that
your claim for damages was $399.99.

- Correct.
- [Judge Judy] Is that what you submitted

to the insurance company?

Yes. That was, uh, their estimate, yes.

Eric Tavares
Says his windshield was shattered

Well, then why would you say
that it costs you $1,554 to fix it?

When I went to a body shop,
they had told me that there was glass

inside the dashboard and that it was
going to take more labor than just that.

Eric Tavares
Says damage was more extensive

Then you should have told
your insurance company that, sir.

I did as well, but they told me that
they weren't willing to cover the charges.

Well, I don't care what they told you.

I'm going by this.

- You understand?
- Yes.

[Judge Judy] Perfect.

Three hundred and ninety-nine dollars.

I'm gonna make it an even $400.
It makes my life better.

Zero, five.
Five hundred and fifty dollars.

Judgment for the plaintiff. Thank you.
We're finished.

[Kevin] Court is adjourned.

I basically held myself
with the utmost respect in my whole life.

Uh, my mother has raised me
with the... best man as possible.

He lie.

They said that if I was to press
charges against him

that they were gonna take
his, uh, side of the story

but I guess he never made the report.

The police were... were saying
I want to arrest him

but I say, "No, I will give him a chance
because he's too young."

But, yeah, it is what it is
at the end of the day.

I think that case
was a great example of making sure

you have all your ducks in a row
before you come to a legal setting

asking for help.

I felt bad for that defendant
that he claims he was assaulted

yet had no photos, no evidence,

no police report.

[Judge Judy] And that's true.

You know how agitated we would be
if somebody in our family

was physically touched by somebody else.

What I really think happened in this case
was he had a slow day.

- [Sarah] Mm-hmm.
- And he had hired this guy,

says, "Come on in.
I'll give you a $150

or a $120 for the day."

And he said he only had a couple of cars.

And if he only had a couple of cars,
he figured he made

a $100 if he had two cars

so he'll give him $50 for gas money
and say goodbye.

- Mm-hmm.
- [Judge Judy] And you can't do that.

Unfortunate. And you're absolutely right.

Come to court,
you have to have your evidence.

Ducks in a row.

[announcer] Want justice?



[theme music playing]