02x63 - Dance No More and Three's a Crowd

[bunniefuu]

She owes you money for
her daughter's dance lessons.

- Yes.
- You claim you're owed $946,

then you want $7,200
'cause it includes interest.

I try to be kind to people.

That's not being kind.

[narrator]
This is Judy Justice.

[theme music playing]

[narrator] Jennifer Renner
is suing her client, Dani Velasquez,

for dance class fees.

[bailiff]
Court, come to order. All rise.

Have a seat, please.

Hello, Judge. Case #2086,
Renner versus Velasquez.

- Thank you.
- You're welcome.

Miss Renner, you run a dance studio.

I do.

- [Judy] How long have you had it?
- Thirty years.

[Judy]
And what age children do you teach?

We have a mommy and me class
which starts at 18 months,

and our oldest student is 19 years old.

[Judy] And Miss Velasquez
has a daughter.

Mm-hmm.

[Judy] And she was at your school
during what period of time?

She started in June of 2020 and
she quit in June of this year.

Your lawsuit is simple. You claim
that Miss Velasquez owes you money

- for her daughter's dance lessons.
- Yes.

The Defendant, actually,
disavows owing you any money.

She said that you actually behaved
in a mean-spirited way

in not allowing her daughter
to finish her recital.

So, I'm trying to think back to my days
when I was six and seven.

And if I remember correctly,
the name of the school that I went to,

and I know that this is not something that
everybody is breathless to hear about.

But I haven't had one of these cases,
and I was thinking back to Miss Nottage,

who had a dancing school in her home
on Parkside Avenue in Brooklyn.

And I do remember
that you took classes for...

I took toe, tap, ballet and acrobatics,
which was not my strong suit.

Any of them, none of them
were my strong suit.

My father always said
that I should sue the city

because they built the sidewalk too close
to my behind because my legs are short.

So, being a ballerina was really not
physically possible for me,

but in my mind,
I thought I was a ballerina.

Anyway, as do most little girls,
I assume.

So, you work during the year and at
the end of the year of your dance class,

I remember you gave a recital.
Everybody got all excited

and dressed for the recital. I assume
that's what happens in your class.

- Mm-hmm. Yes. Yes.
- [Judy] Yes. That's a yes.

Did you have a contract
with Miss Velasquez?

I have a registration form which
acknowledges receipt of studio policies.

Well, policies is not a contract.
But I'll take a look at it anyway.

The question is, do you have
a signed contract with her?

- [Jennifer] No.
- Okay.

May I take a look at that?

According to these policies,
which are not a written contract

because she has not signed this document,
in particular.

You say you acknowledge receipt of it.
What it mostly is

to tell them what the instructions are and
give you a release of liability.

It does indicate here that full tuition
is due on the first class of each month.

And how much was the tuition
for Miss Velasquez's daughter?

From January through June,
it was $170 a month.

And then, from September through December
it was $165 a month.

[Judy]
Okay. So, around $170 a month.

And I assume she was current
on her tuition in 2020.

And in 2020, did Miss Velasquez make
her payments on the first of each month?

Well, I can't say exactly on the first,
but yes, it was always current.

- Which is why...
- [Judy] That's not what I asked you.

Was it made, pursuant to your policies
here on the first of each month?

I don't know.
I don't remember specifically.

[Judy]
What about in 2021?

Were her payments made
on the first of each month?

No.

When did she stop making payments in 2021
on the first of each month?

Well, I have emailed spreadsheets here,
and so, starting in December,

she asked me if she could
make small payments,

increments throughout the month
because she was a single mother,

and wasn't able to make the full payment
on the first of the month.

So, you said yes, that she could
make payments incrementally.

Mm-hmm.

And do you have that same arrangement
with some other parents?

[Jennifer]
I do.

[Judy] How many other parents do you
have that arrangement with?

Well, anybody who asks, um, in...

How many? You run the school.
How many students do you have?

Five.

You have that arrangement
with this mother, plus five?

[Jennifer]
Mm-hmm.

And that is inconsistent
with your policies?

I... Yes.

That would be a yes.
Now, tell me what happened.

Miss Velasquez, that caused you
to fall behind in your payments?

You acknowledge you fell behind
in your payments.

Yes, I do.

When did you fall behind in your payments?

I asked Miss Renner if I could start
making payments in September of 2021,

which I have written, as well,
if you would like to see that.

And in October, I didn't pay anything
because my father passed away.

And I explained that to her and then
I made up for it in November

through payments. And
I just continued to pay as I could,

with being a single mom.

Well, that's not a reason to not pay her,
being a single mom,

as you could. You understand that?

Yeah, absolutely.

Okay. So, I'm sure you're doing
the best you can.

You're trying to give your little girl...
How old is she?

Nine.

Trying to give her the best possible
experience, it's all wonderful,

but this is her business, and if you
owe her money, then you owe her money.

[Dani]
Mm-hmm.

Since the policies are honored
and sometimes not,

there is one part of your policy,
even though that this is a contract

that I actually find ridiculous
because in your lawsuit

you claim you're owed $946

and $7,169.76 interest.

That's not happening.

And it's not happening.
You gave me an easy out

because you really don't enforce
your own policies.

I try to be kind to people who need help.

I try to be kind, too. Being kind
is not suing somebody for $900

and suing them for $9,000.
That's not being kind.

Because, you know,
there's no question that...

- You agree you owe her some money.
- Yeah.

But it's an unconscionable...
Even if there was a contract for it,

I would probably find that
an unconscionable piece.

Somebody who owes you less than $1,000
and you want $7,200

cause it includes interest.
I find that ridiculous.

How many students were in
Miss Velasquez's class?

Approximately 18.

When you say "approximately 18,"
the number varied based on what?

Well, on my memory.
It was either 18 or 19 children,

I don't remember how many.
That's a very large class.

Are you the sole teacher?

Well, I do the ballet and I have a teacher
who teaches the jazz class.

Your daughter takes ballet or jazz?

- Or both?
- Both. Yeah.

Your daughter stopped going to school
when?

May 17th.

Tell me the circumstances.

That was when I got a ledger from, um,

the studio that said that I owed $965.

And my math was thinking
I was closer to like $360.

So, I kept messaging and asking
where the confusion was

and I didn't get a response
until May 27th.

That said what?

That said I owed $1,300.
And this was from Miss Jenny.

And that was for late fees?
What was it for?

The dance team and the costumes
for the recital that was coming up.

Okay. Well, do you have a ledger?
And I'd like to see your ledger.

So far, I have, according to you,
what you owe,

- because you did a breakdown
- Yeah.

of what you owe. It is your claim
that you owe $846.

- Correct?
- Yep.

[Judy]
And she says you owe $946.

That's without the interest
and the late fees.

Yeah.

[Judy] So, you are actually,
based upon raw numbers,

$100 apart.

I have an email from her
stating that she owes $947.

I'd like to see it, please.

[narrator]
And later today...

Do you keep a certain amount of clothes
at Miss Barnes' apartment?

No, Your Honor,
they're usually in my truck.

So, you stay with your mom.

Yeah. That's my primary residence.
Like it's maybe two days out of a week.

Mr. White, this is what we're getting.
You see where we're starting to smile now?

[theme music playing]

[narrator] Jennifer Renner
claims her client, Dani Velasquez,

owes for dance class fees.

Okay. So, in this email,
you acknowledge owing $586.

And then, $360 for team.
What is team?

They did like competition teams
that I allowed my daughter to be on.

Before I let her audition, I made sure
that Jenny was okay with my payments.

And I sent it all in.

No, I'm just reading the email
which seems to acknowledge

that you owed her $947.

Yeah. So, the team portion was $361,
which is what I thought was owed...

No, you said team and your regular tuition
said that I owed $1,301

- when I only owed $586.
- Mm-hmm.

So, $586 and $361 are $947.

[Dani] You're correct.
I just couldn't get any accurate numbers.

I'm taking your numbers
that you acknowledged.

Right. First she said it was $1,647
I owed, but then she said $1,400...

Right now I have... She says
amount owed, $946. You said it was $947.

So, let's say it's $947. And that's
without late fees and without interest.

So, you would consider that a fair number?

Yeah.

And Miss Renner,
you would consider that a fair number?

- Yes.
- Judgment for the Plaintiff.

We're finished. Thank you very much.

[bailiff]
This court is adjourned.

I think it was fair. I just wish that my
daughter would have been able to dance.

Money was due to me and
she was not paying.

I had to go in and be the one
that broke her heart.

She argued with every statement
we sent her.

We've already found a new studio
and it's amazing.

Pay your bills.

It's a big blessing in disguise that
my daughter's not with Jenny anymore.

I'm sure you were a great dancer
back in your day.

Maybe ballet now, isn't for you

but I'm sure you were
the cutest one in the class.

But I do think it was unconscionable
for the owner of the dance studio

to agree that the mother only owed
around $900,

and she wanted to have this court pay her

almost $9,000 in late fees and interest.

I mean, just, I think,
just unconscionable.

It was a good shot. You know,
usually when you do a contract,

a formal contract, contracts usually say
if any part of this contract

is found to be either
unconscionable or ill*gal,

the remainder of the contract
remains in full force and effect.

Usually you have something that says that.

Well, this was just an acceptance
of the school policy,

but the school policy clearly
was flexible.

It was, and as soon as she said that,
I was hoping that she would've drawn up

for those five or six parents
that were on a different payment plan,

A different...

I would've hoped that she, as a business
owner, would've drawn up something

mimicking a contract with them
to show what their agreement was.

Memorialize that agreement.

Because as you said, if you're flexible
on this point and that point,

why are you not flexible on the interest?

On the interest part,
which sounded unconscionable.

It did.

Anyway, I really, Sarah, remember those
dance classes and crossing Parkside Avenue

to go to Miss Nottage's studio.
The thing I remember most about it,

was the acrobatics class. I swear,
they had something strung up

that looked like a t*rture chamber.
It was strung up from the ceiling

and you were put in a harness.
You started from one end of the room

and when you got to the minute,
she pulled you up on a pulley

and you were supposed to do a somersault.
[laughing]

And I remember,
I couldn't get off the ground.

- My little chubby legs were...
- Were flailing?

And I couldn't get my behind
over the rest of my body.

Listen, I'm not a dancer either, so.
[laughs]

Then I started thinking about law school.
I was...

- Think that's a good career path.
- [Judy] Right.

Case #2088, Jenkins versus Barnes.
All parties, please, step forward.

[narrator] Fanshyia Jenkins
is suing her former roommate,

Victoria Barnes, for rent
and a security deposit.

Miss Jenkins, you were
a short-term roommate of the Defendant's.

Yes, ma'am.

She put an ad on the Internet.

Yes, it was in a Facebook group.
Um, I was referred by my college.

It was for sub-leasing, rentals,
apartments, of that sort.

- [Judy] A room?
- Yes.

- Do you have a copy of the ad?
- I actually do.

[Judy]
I would love to take a look at it.

No problem.

What college do you go to?

University of Alabama at Birmingham.

Miss Barnes, you were pretty specific
in this.

This is average, about $800 a month.
Utilities included, unfurnished.

Looking for a female roommate.
Sublease, personal bedroom and bathroom.

Pool, tennis, laundry site. Must be
willing to complete a background check.

Yes, ma'am.

And did you go to look at the room?

Yes, ma'am.

On what date?

It was the same day
that I signed the sub-lease,

which was... I'm so sorry.

It was February the 10th.

No, I moved in on February the 10th,
that is incorrect.

We signed our sub-lease on, I believe
it was actually maybe January 22nd.

Does it have a date on it?

This only has the date for
when I would be moving in and move out.

[Judy]
May I please see it?

The date is on the signature page.

Okay. It's on the last page
of that packet.

You don't have to help her prove her case.

I want to make sure she got it right.

You don't have to help her prove her case.

Well, who crossed this out?
It says "Sublessee is one of...

First it said one, and that's crossed out,
and then it said two

total tenants occupying the premises.

I did cross that out
because it is two of us,

and I accidentally wrote one. One of one,
but it's two of us, total.

And that was crossed out
on the date that I signed it.

Is that correct?

Yes, there's quite a few things on there.

So, it was agreed that there would only be
the two of you occupying the premises.

- Not completely true.
- [Judy] Ssh.

[Judy] That's what it says,
that there would be two people.

Yes, ma'am.

[Judy] Occupying the premises.
Am I correct?

In the initial agreement,
I made it clear that...

No-no. No "clear."
This says, the sublessee's interest

in the sublessee is one of two total
tenants occupying the premises.

That's what the lease says. Which means,
there are only two people,

according to this sublease,
which is signed,

who will be occupying the premises.
That's all it says.

I haven't finished the next page yet.
But that's what the lease says.

Not what you made clear, not what you
might've said outside of this.

This is what's binding.

Okay.

And this indicates that the sublessee,
that's you.

- [Fanshyia] Yes, ma'am.
- Does not need to obtain

- her permission, overnight guests.
- Not at all.

Which would make sense that she
doesn't need your permission

to have overnight guests.

Yes, ma'am.

This is what your case is about,
now I've read this agreement.

You moved in February 10th?

Yes, ma'am.

And started to have difficulty
because Miss Barnes has a boyfriend.

- That would be you.
- Yes, ma'am.

[Judy]
And he was there a lot.

No, that was not a problem.

[Judy] Well, according to you,
it was a problem when he had his own key.

[Fanshyia] Yes.

And he came, according to you,
unannounced.

Yes, ma'am. Alone.

[Judy] Well, it doesn't say
that he has to be announced.

I can understand it if he
was occupying the residence

with his own key and there all the time.

That certainly would be
in violation of the lease.

Would you stand up for a second?

Tell me your name, sir.

It's Shawn White.

Are you and the Defendant
currently living together now?

No.

- Have you ever lived together?
- No.

Can you tell me why it would be that
you would have a key to her premises?

Well, she is my fiancée.
We've been together almost...

- [Judy] Because she's your fiancée.
- Yeah.

When did she become your fiancée?

Around a year ago.

And is there any reason why
you're not living together?

- Yes. In recent...
- Just... Yes. You're gonna tell me.

Yes, ma'am, I'll tell you.
In recent events, I just lost my father,

and I'm trying to launch
my trucking company

and get it off the ground,
so it's just...

wouldn't be the best thing right now.

How far is your residence
from your fiancée's?

About an hour and a half.

[Judy] And her residence
from your business?

I'm a truck driver, so I'm always mobile.
And where I load it,

she's usually close to it.

And that's when you stay at the house?

Yeah.

[Judy] And how many times a week
do you load your truck?

[Shawn] Close to her,
maybe two or three times.

- [Judy] Two or three times a week?
- Yeah.

So that means you're spending either
two or three nights a week at her house.

Yes.

Yes. And that's been going on
for how long, sir?

Just this year.

So far, we're doing fine. You see,
I don't yell unless someone provokes me.

Heard.

He seems like a very nice man,
nothing that frightens me. Right?

And he visits his mother on Sunday.
The guy is a hero. Perfect for you.

Thank you.

I don't know what you want from her.

[narrator] Fanshyia Jenkins
claims her former roommate,

Victoria Barnes, owes for rent
and a security deposit.

Mr. White, do you keep a certain amount
of clothes at Miss Barnes' apartment?

No, Your Honor, they're usually
in my truck.

When you're going to stay over,
do you bring up a bag

or do you bring up a backpack?
What do you bring up with you?

A bag and a backpack.

Do you have toiletries in her bathroom?

No, ma'am.

- [Judy] You carry that with you.
- Yes.

Now, when you're on the road, if you
stay over two or three days a week,

at Miss Barnes' house
and you're on the road,

how many days a week are you on the road
and sleeping either in your truck

or at a motel or at a truck stop?

Between two and three days.
It's all dependent on where I go.

So, that brings us to maybe
five days a week or six days a week.

And where is your home?

[indistinct]

[Judy]
Is that where your father lives?

I'm sorry, but he's passed. He's...

- [Judy] Oh, he passed.
- Yes.

[Judy] So the house
that you're staying in

- is his house.
- Yeah.

- [Judy] Anybody else live there?
- My mother.

[Judy] So, that one day a week
you stay with your mom.

It's usually probably on Sunday,
when I don't have anything to do.

[Judy]
Do you stay at your mother's house?

Yes, that's my primary residence.
It's maybe two days out of a week.

Mr. White, this is what we're getting.
You see where we're starting to smile now?

If you see your mother on Sundays
and you're on the road half the week,

and you're at the Defendant's house
half a week,

you can tell me from today
until the cows come home

that your mother's house
is your primary residence,

but if you look at it objectively...
Put your hand down.

If you look at it objectively,
you're on the road part time...

When you're not on the road,
three times as many days a week,

you stay at her house. One day,
you stay at your mother's house.

And you tell me that's been going on
since the beginning of the year,

which would be January or so of 2022.
That's what you just told me.

And that actually makes sense.

I beg to differ, like, the time that
I stay there, it might be eight hours,

and then, I'm back on the road.

[whispers] I don't care.

And it's like maybe two days
out of a week, it's...

[Judy]
Now you can sit down, Mr. White.

Okay. I get the scenario.
Not unusual you were unhappy

with this more frequent access
than you were advised of.

May I add... I was not unhappy
with how much he was there.

It was only the fact that he had came in
by himself and she hadn't let me know.

I only had told her that
that made me uncomfortable,

and I got kicked out for it.

That's not true, Your Honor.

Well, when you say "got kicked out,"
I think you acknowledge

that you gave her
a 30 day notice to leave.

Yes, ma'am, I did.

[Judy] And other than
this issue of house guests,

were there any other issues
that you had with her?

When the situation happened, she texted
me and asked me where I was.

I told her when I got home
we can have a conversation.

And that's when an argument ensued,

and multiple arguments happened
after that.

Were they all about house guests?

Just about, yes, ma'am.

[Judy] And at the beginning,
they were all about Mr. White.

[Victoria]
Right.

[Judy] Okay. And your sublease agreement
actually specifically says

- that only two people are living there.
- Yes, ma'am.

And Mr. White has already
made it crystal clear to me

that he spends his time
either on the road or at your house,

visiting his mom on Sunday.
And that sort of makes this fuzzy.

Okay. Anyway, it didn't work out.
He seems like a very nice man.

- Nothing that frightens me. Right?
- [Victoria] Thank you.

And he visits his mother on Sunday.
The guy is a hero. Perfect for you.

Thank you.

[Judy] So, you moved out,
got another apartment, whatever it is.

I don't know what you want from her.

I want the money that I gave her, um...

What money?

So, she made me pay her
a security deposit...

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

- [Judy] Security deposit. Fine.
- Yes.

[Judy] Did you get your security deposit
back?

- No, ma'am.
- Absolutely not.

[Judy]
How much was your security deposit?

Three hundred and fifty dollars.

Did you return her security deposit?

No, ma'am.

[Judy] You have to
return her security deposit.

Being that she left the room damaged,
I didn't feel like I needed to.

[Judy]
You have photographs of the damage?

[Victoria]
I have stained carpets...

Just a second. Do you have
photographs of the damage?

No, ma'am.

Good. $350,
she gets her security deposit back.

What's next?

The remainder of the rent for the month
that I moved out. Which I moved out...

- [Judy] Just a second.
- Yes.

[Judy]
Did you pay her March's rent?

- [Shanyia] Yes, ma'am.
- [Judy] You did?

- You paid at the beginning of the month?
- Yes, ma'am.

Okay. And how much did you pay her?

- $630.
- [Victoria] Incorrect.

Clearly paid you February's rent.

- When she moved in.
- Yes, ma'am.

Did she pay you March's rent?

So, she gave me...

That's either a yes or a no
if she paid you March's rent.

Did you get two months rent
from the Plaintiff?

Yes, I did.

[Judy]
And she moved out...

Can I explain why I don't feel like
I'm entitled to give her the money back.

Because the apartment complex,
when we got into the initial argument

and I was made aware of the slander

and the allegations she was perjuring
against Shawn and myself.

I was told that being as though
I made it legal on paper

that she has 30 days to the resident,
that she would still access

through my apartment for
the remainder of the month of March

until the 17th of April.
And also, Shawn has seen her

sending people to my house,
her coming in and out of my house

when I was at work,
supposedly gathering her things,

but my personal belongings
came up missing. And she had access...

[Judy] Hold on one second.
After March 17th

did you have any property
in the apartment?

Just be very careful what you say to me.
After March 17th,

you say you physically left the apartment.
Did you have any property there?

That's either a yes or a no.

May I confirm the date?
So I don't give...

- [Judy] Yes.
- [Fanshyia] Thank you.

So, the very last day
that I was there was...

- [Victoria] March 22nd.
- [Judy] Ssh!

You keep doing that.
- [Victoria] I'm agitated, I'm sorry.

I'm sorry.

Okay. So, the very last day that I was
there was on... I believe March 20th.

Oh, then you owe her
for the month of March. [laughs]

Then you get your security deposit back,
$350. We're finished. Thank you very much.

That's all...?

That's what she gets,
her security deposit back. That's it.

She gets her security back. Doesn't
get rent, doesn't get moving costs.

Doesn't get damages.
She gets her security deposit back.

Goodbye. Have a happy life.
Have a nice lunch.

[bailiff]
This court is adjourned.

I really just thought
that everything was fairly normal

until the conversation about me...

A security deposit is the least of my
concerns because I don't owe her her rent.

expressing my discomfort
with her boyfriend

being in the house alone with me.

For her to even mention him harming her
in any type of way

is not only offensive
but is disrespectful.

It wasn't like he was my personal friend
or I met him anywhere else.

I met him through her. I just
didn't want to be home alone with him.

Honestly, it's outrageous. To implicate
that I'd do anything to her, is beyond me.

My safety does come first.
I put me first, I gotta put me first.

I wish her nothing but the best,
away from me.

I thought that the fiancé
was absolutely charming.

I did too.

I thought he was such a nice guy.

Visits his mom on Sundays, has a job.

Hardworking. Regular,
stayed home while his dad was ill.

Really a nice guy. But it was clear that,
he may say my primary residence

is with his mother,
but that's a visit on Sunday.

When he can, he stays with his fiancée
in the house.

Yeah.

Clearly, that was not part of the lease.
But forget about that, Sarah.

She's a tough broad. [laughs]

[Sarah]
Little bit of an attitude.

She had a little bit of an attitude.
So, I don't know...

It's always the nice guys that end up with
women with the attitude.

He's gotta watch his p's and q's.

Oh, yeah.

I'm glad they're happy and I'm glad
that they're together in their apartment.

Which is probably the way
she would prefer it anyway.

Yeah, agreed.

[narrator]
Are you a victim of a scam?