TV Channel 4 Thu Feb 13 11:30:02 2003
>> Announc: Erwhen animal ki animal...
>> His pit bulls came out of nowhere.
>> My dog ran for her life.
>> Announcer: ...Owner attacks owner.
>> She started hitting me.
>> These are my little girls. These are my life.
>> Announcer: A wild case with an even wilder defense.
>> You have to have your dogs on a leash. The only person that committed a crime was her.
>> Announcer: Justice is unleashed.
>> Judge judy: Your dog attacked her dog. Her dog died because your dog was off the leash.
>> Announcer: "Judge judy." You are about to enter the courtroom of judge judith sheindlin. The people are real. The cases are real. The rulings are final. This is her courtroom. 25-year-old escrow officer jennifer salinas and her boyfriend, 25-year-old personal trainer ray daryabigi, are suing their neighbor, music teacher sean o'shea. Jennifer and ray claim sean's dogs killed their pomeranian. Sean is countersuing, claiming jennifer assaulted him.
>> Byrd: Order. All rise. Quiet in the courtroom, please. Excuse me. Your honor, this is case number 396 on the calendar in the matter of salinas/daryabigi vs. O'shea. Parties have been sworn in. You may be seated. Folks, have seats.
>> Judge judy: Who's going to speak?
>> I will.
>> Judge judy: Tell me your name.
>> Jennifer, your honor.
>> Judge judy: This is one of your dogs, and, according to your complaint, you had two. They were both the same breed. And, unfortunately, one of your dogs was killed by the defendant's dog. You want him to be responsible for you securing another dog, which, in your case, involved flying out to a breeder, because that's where you got that dog fr, omd anpurchasing another dog.
>> Right.
>> Judge judy: The defendant says that your dog was off the leash at the time that his dog attacked yours, which I don't think he denies.
>> No.
>> Judge judy: And he is counterclaiming because he said that, while at the vet, you attacked him and assaulted him, and he's counterclaiming. Tell me about your dog.
>> Well, she was beautiful.
>> Judge judy: No, no, beautiful i know. When did you get her? Where did you get her from?
>> I got her from tampa, florida.
>> Judge judy: Where do you live?
>> Sherman oaks. And I researched over 50 breeders, both locally, you know, obviously, for me, very far -- it didn't matter.
>> Judge judy: When did you get the dog?
>> In the year 2000.
>> Judge judy: And it was also a pomeranian?
>> Yes.
>> Judge judy: Did you travel on both occasions to get the dogs?
>> Yes. To tampa.
>> Judge judy: The breeder will not send the dog to you?
>> Not that small. She does have bigger dogs, but because they are bred down to be so little -- i mean, when you pick them up, they're about 8 ounces, so they're very small, and to go underneath cargo is unacceptable.
>> Judge judy: So she insists that you come and pick them up.
>> Absolutely.
>> Judge judy: Tell me about the unfortunate incident involving mr. O'shea's dog. You're neighbors, I assume?
>> Yes. And I was not there, thank god.
>> Judge judy: Okay, you weren'T. Who was?
>> Me, your honor. My name is ray daryabigi.
>> Judge judy: Do you live together?
>> Yes.
>> Judge judy: Tell me what happened.
>> Well, it was july 18. My brother and i took out the girls just like every other night.
>> Judge judy: You mean the two little dogs?
>> Yeah. And we placed them on the grass, and no longer than we put them on the grass, his two dogs came out of nowhere, and i immediately yelled at rod to grab princess, and she just kind of --
>> she knew that --
>> judge judy: Shh!
>> She knew something was gonna happen, so she really crept down. Rod scooped her up. That's my brother. And I tried to go after prissy. That's the one that was deceased. She was running away from him, and she had two pit bulls -- one was trying to get me, and the other one was going after prissy.
>> Judge judy: Okay. So mr. O'shea's dogs came out of his house?
>> We don't know where.
>> They came out of my apartment door. They weren't pit bulls, by the way.
>> Judge judy: What are they?
>> They're mixes.
>> Judge judy: They're much larger. Were you home?
>> Yes.
>> Judge judy: How did your dogs get out, mr. O'shea?
>> Well, i was actually leaving the apartment, and i have a screen door, like a security screen door, which they can see through, and their dogs were at the end of my driveway. Our apartments are very close together. And my dogs apparently saw them, and I didn't realize they were out there, b auts I went to go leave my apartment, my dogs slipped passed me and ran down the driveway to go, as far as i know, to go play with the dogs. They're not attack dogs.
>> Judge judy: Well, your dogs killed on of the dogs.
>> Just by nature --
>> judge judy: Whas kes ke think you are not responsible?
>> For one thing, it's a legality that you have to have your dogs on a leash.
>> Judge judy: That doesn't -- listen to me, mr. O'shea. The proximate cause of the death of her dog was not that it was off the leash.
>> Well, animal control came --
>> judge judy: I'm speaking. My mouth is moving. The cause of her dog dying is because her dog was attacked by your dog that was off the
>> correct.
>> Judge judy: Her dog did not attack your dog. Your dog attacked her dog.
>> Well, actually, her dog ran up to my dog. Obviously there's a size differential there. So... Well, I'm not saying that --
>> judge judy: Explain to me how that happened, mr. O'shea.
>> Well, my dogs ran up to their dogs, their dogs ran up to mine, and a fight ensued between my bigger dog and one of their little dogs.
>> Judge judy: I don't believe you, mr. O'shea. That's a lie. That's a lie. T hat hat hathat is a lie?
>> Judge judy: The part that is a lie is that their dogs ran up to your dogs. Your dogs ran to theirs -- ran out behind you because they saw two other dogs there. Your dog ran out and ran up to plaintiff's dog. They didn't come together.
>> My dogs ran out, but their dogs definitely came towards my dogs. Dogs aren't usually stationary objects.
>> Your honor, my dog ran for her life.
>> Judge judy: Madam, you weren't there, so don't interfere. I don't believe him.
>> Can i say something?
>> Judge judy: Can you what?
>> My name is veronica rodarte. I'm the witness. I'm his roommate.
>> Judge judy: Come on.
>> Basically, every -- every time that I'm out there with junior or oakley, there's been several occasions where her dogs do run up to my dogs.
>> Judge judy: Were you there on the 18th of july?
>> No, but --
>> judge judy: Good. Then sit down.
>> Does that change the fact that her dogs were off the leash?
>> Judge judy: The problem, mr. O'shea, is that the dog was not killed because it was off the leash. The dog was killed because your dog was off the leash. The reason that her dog died is because your dog was not in control -- not in control by its owner. That's you. You are totally, completely, 100% responsible, the same way, mr. O'shea, as if your dog ran up to a child that was not being supervised by a parent and bit it.
>> Announcer: "Judge judy" continues in a moment.
>> Judge judy: I have limited patience with people that won't accept responsibility.
>> Animal control said --
>> judge judy: I don't care. Do you think animal control has more degrees than I do?
[ Laughter ]
>> announcer: And later today...
>> Judge judy: What problems was your son having with mr. Atkinson?
>> They argued constantly.
>> Judge judy: He argued with a 5-year-old?
>> Yes, ma'am.
The color of being good to yourself.
>> Announcer: Real cases. Real people. "Judge judy." Jennifer salinas and her boyfriend, ray daryabigi, are suing neighbor sean o'shea for the cost of a pomeranian puppy and punitive damages. The couple says sean's dogs killed their pet.
>> Judge judy: Your dog killed her dog because your dog wasn't in your custody and control.
>> Their dog was on my driveway, on my property.
>> Judge judy: That's -- just a second. You didn't even see her dog when you -- because that's what you just said to me. You said, "i didn't even see her dogs until i got outside."
>> I didn't say that.
>> Judge judy: Yes, you did.
>> Yes, you did.
>> Well, okay, so, i'm inside my apartment.
>> Judge judy: You said, "i didn't even see her dog --"
>> the second I stepped out of my apartment, I'm obviously seeing the dogs and my dogs, so i don't think I'm lying here.
>> Judge judy: Mr. O'shea, yes, you are, 'cause you said, "i didn't even see her dog, and all i saw was my dog scooting out --"
>> how long does it take somebody to walk outside their apartment?
>> Judge judy: You are 100% responsible. It's your dog, capable of causing injury. That dog has to be within your control all the time. If it's not, you are responsible. That's my law. Now let's get to your counterclaim, and then i'll get to the amount of money that it's gonna cost --
>> can i say one thing?
>> Judge judy: No. Let's get to your counterclaim. I have limited patience with people that won't accept responsibility.
>> Animal control said --
>> judge judy: I don't care. Do you think animal control has more degrees than I do?
[ Laughter ]
>> they probably know exactly what they're doing.
>> Judge judalalalal control had more degrees than i do, they'd be a judge, and i'd be animal control. Now let's move on.
>> Okay, so...
>> Judge judy: I'm ready.
>> Anyways, I arrive at the vet's office. My roommate james got out of the car with me, and when I walked up, she was hysterical and crying and standing with a friend of hers a little ways down. And I talked with the plaintiff's brother. They told me what the bill was, and I said, "i'd like to pay for that," and i wrote them a check right then.
>> Judge judy: Good.
>> When jennifer came close to us, she saw my roommate, and, for whatever reason, assumed that he was the owner of the dogs. She was pretty hysterical. At this point, she had already fallen on the sidewalk several times and was crying hysterically and screaming. And she attacked my friend james --
>> judge judy: How did she attack james?
>> She ran up to him screaming and saying various things about her dog dying and with closed fists started hitting him in the head and face and neck. And james, to his credit, put his hands up and just stood there and didn't do anything. And this went on for about 25 seconds until somebody pulled her off of him, at which point somebody, I guess, explained to her that they weren't james's dogs but they were my dogs, at which point she came after me. And she started hitting me about the face and neck with closed fists, and i also raised my hands to protect myself because she swings pretty good.
>> Judge judy: Okay. Ms. Salinas, let me hear about it.
>> He's abso-- I'm not gonna deny what I had done, but I was nuts.
>> Judge judy: Ms. Salinas, that's no excuse. That's absolutely no excuse.
>> No, you're absolutely right. And the next day, I called him. My girlfriend that i was down the street with, i was holding her so tight, I left my nail marks in her back. I called him the next day, and i said, "sean, excuse me --" he did not call me. My dog is dead. I saw what i had done. I took responsibility. I realized then what i had done. I called sean, and i said, "sean, please, excuse my behavior from last night. I would never react that way. These are my little girls. These are my life. Please understand that." And he said, "jennifer, i understand. I would never expect anything less than that." And he, you know --
>> judge judy: Ms. Salinas...
>> To be attacked?
>> You said you understood.
>> I understand somebody being upset about losing their dog.
>> I agree that this is unacceptable behavior.
>> Judge judy: Do you have photographs of your injuries, sir?
>> No, i don't.
>> He had no injuries.
>> Judge judy: Shh...
>> Announcer: "Judge judy" continues in a moment. And later today...
>> Judge judy: You said a couple of things that were pretty smart. You said, "i wasn't gonna choose between him and my 5-year-old." "That's a no contest. You have to go."
>> Announcer: Closed captioning, sponsored in part by...
>> Announcer: Real cases. Real people. Ud"judge jud jennifer salinas and her boyfriend, ray daryabigi, are suing neighbor sean o'shea for the cost of a pomeranian puppy and punitive damages. The couple says sean's dogs killed their pet.
>> Judge judy: How much did you pay for the dog, ms. Salinas?
>> $1,200.
>> Judge judy: You have the bill? You purchased the dog in august of 2002?
>> That's correct. This is for our new dog that we just, um...I borrowed the money from my parents to --
>> judge judy: Oh, you purchased a new dog? This is for a new dog that's been purchased. How much was the dog that was killed?
>> $1,200. It's the same amount.
>> Do you have a receipt?
>> Judge judy: I believe that that's probably true. Beautiful animal. And a plane ticket was how much?
>> $800.
>> Judge judy: Do you have a receipt for that?
>> Yes.
>> Judge judy: Can i see it?
>> Since my parents paid for my ticket, I don't have my receipt, but his -- which we obviously flew the same flight. We had a problem getting her copy. These are all the other...
>> These are all the other receipts.
>> Judge judy: For what?
>> For the rental car in tampa.
>> Not to mention the -- after prissia died, we had her cremated.
>> Judge judy: Delta airlines. I have $408.
>> Right. For his ticket. And then i don't have a copy --
>> judge judy: What's $800?
>> For both of our tickets.
>> Judge judy: You don't both have to go get the dog.
>> Well, it's our dog. We wanted to pick her out together.
>> Judge judy: He's not paying for your going as a couple.
>> Fine.
>> Judge judy: That's $1,600. That's for the dog and your plane ticket. Now, mr. O'shea, did you seek medical attention for any of your injuries? Did you have any marks as a result of the injuries?
>> I did have bumps on my head.
>> Judge judy: I think that you should be compensated for that. I think that ms. Salinas can't say, "I was so upset." She's an adult. She can't say, "I was so upset. I was overcome by the mo and therefore I am entitled to assault you." She's not entitled to assault you.
>> Absolutely not. I agree.
>> Judge judy: Well, mr. O'shea, how much do you think that that assault was worth?
>> To me $2,000 seemed fair.
>> Judge judy: Really? Were you planning on suing her?
>> No, i wasn'T.
>> Judge judy: Well, then why from not planning to sue her to $2,000?
>> Because when things turned ugly -- because I didn't have her arrested, because I didn't want to handle it that way, and when i found out that I was being sued, I felt i should protect myself. And I already felt that I had pretty much let her -- i mean, the only person that committed a crime here was her.
>> Judge judy: That's true. So, I think that the airfare that she spent getting her dog is gonna be her responsibility. So i'm deducting $400. That's your responsibility, which ordinarily you would have gotten, but the cost of the dog you're gonna get. I'm deducting that amount, sir. Judgment for the plaintiff in the amount of $1,200, which is the cost of a new pet. B>> b>> b>>tiarti are excused. You may step out.
>> He is a liar because when i did call the next day, i did apologize, and he said, "don't worry about it."
>> She's my next-door neighbor, and I didn't want to cause a really ugly situation.
>> I just think it's ironic that, if he felt he was assaulted, that he filed his counterclaim...
>> Three days ago.
>> We're still neighbors, but i don't think we're gonna be too neighborly.
>> Announcer: And now the next case.
>> Byrd: All parties in the matter of mercado vs. Atkinson, step forward, please.
>> Announcer: 911 dispatcher dawn mercado is suing her former live-in boyfriend, mechanic jeremy atkinson, for unpaid rent, utility bills, and unpaid loans. Jeremy says she kicked him out because he didn't get along with her 5-year-old son.
>> Judge judy: Ms. Mercado, you and the defendant were boyfriend and girlfriend, and you lived together for a brief period of time in an apartment that you leased together.
>> Yes, ma'am.
>> Judge judy: Something happened. Mr. Atkinson decided to leave. According to you, he left and you want him to be responsible for the remainder of the lease -- at least his portion of the remainder of the lease. In addition, you claim that he used your credit card and made certain charges that you want to be reimbursed for.
>> Yes, ma'am.
>> Judge judy: Mr. Atkinson says that you told him to leave the apartment. You actually kicked him out of the apartment so why should he be responsible for the rent and that any charges that he made on your credit card he paid you for in cash. Is that right, sir?
>> Yes.
>> Judge judy: When did you move in together?
>> He moved into my studio apartment with me in the beginning of may, and we moved into our apartment, which we had a signed lease, on june 15.
>> Judge judy: So, what happened?
>> We got along very well until my son was diagnosed with having mixed A.D.H.D. Him and my son had some .Ms.Ms.
>> Judge judy: H oowld is your so
>> 5 years old.
>> Judge judy: What problems was your son having with mr. Atkinson?
>> They argued constantly.
>> Judge judy: He argued with a 5-year-old?
>> Yes, ma'am.
>> Judge judy: What were you arguing about?
>> Whenever you'd ask him to do something, he would say he'd do it and then wouldn't go do it. Clean his room -- he wouldn't do that. If you told him to take a shower, he wouldn't do it. And I didn't have the patience.
>> He had a hard time focusing, and that's why he was diagnosed. He went through several psychologists, psychiatrists, family doctors. He's now on medication, and he sees a psychiatrist three to four times a month. He is having a lot of improvement, and he had made the comment to my mom and dad that he thought mr. Atkinson was a monster and that he was afraid to leave wm.Him.Hi i explained to mr. Atkinson that i was not going to choose between him and my son, that my son was my priority. We had several disagreements about that, and it just led to problems -- between that and financial problems. And I never cked mr. Atkinson out. I told him i can no longer support him and that he was welcome to leave.
>> Judge judy: You said a couple of things that were pretty smart. You said, "i wasn't gonna choose between him and my 5-year-old." "That's a no contest.
Tve tveo go."
>> Announcer: "Judge judy" continues in a moment.
>> Judge judy: I am not finding that by your saying to him, "there's the door," he did not take that as, "i'd better get out of here, or there's gonna be difficulty." He says you threw him out. I think that that's what happened. He's not gonna pay the ren now let's here about the credit card.
>> On several occasions, mr. Atkinson asked to borrow money with the intention that he would pay me back.
>> Yes, this is true, but the majority of the time, money was reimbursed on my payday in the form of cash, or if I did any side work, she got the money from it.
>> Judge judy: Is that true?
>> He would give me cash for some of it, but these are the things that he has not reimbursed me for.
>> Judge judy: Did you keep a running log of how much he spent and how much he reimbursed you when he paid you in cash?
>> No, ma'am.
>> Judge judy: Then I'm not getting involved. There is absolutely no way of you determining, at least for me, how much he owes you from the months that he lived there when you had this rather fluid financial arrangement. It's over. You made a mistake. Move on. Do your parents live close by?
>> About 30 minutes away.
>> Judge judy: Do they help you?
>> When they can.
>> Judge judy: You have another few months to pay this rent. You gonna stay in the apartment?
>> Yes, ma'am.
>> Jud judy: Good. That's what I think you should do. Goodbye.
>> Byrd: Parties are excused. You may step out.
>> Announcer: "Judge judy" continues in a moment. And on the next "judge judy"... <