0.000 0.700 X: .. (COUGH) 0.700 3.996 JUDGE: ... Okay, 3.996 5.263 the next case will be= uh, 5.263 7.347 ~Walter ~Komak versus ~Rose ~Black? 7.347 15.399 BAILIFF: ... Is this contested? 15.399 15.876 X: No, 15.876 17.112 [Just wit]nesses and case. 15.876 16.282 ROSE: [No]. 17.112 17.684 BAILIFF: .. Oh okay. 17.684 18.873 X: (THROAT) 18.873 19.047 BAILIFF: Are you X -- 19.047 20.720 Are you the uh ... plaintiff? 20.720 21.127 ROSE: Yes. 21.127 21.584 .. No. 21.584 22.404 I'm the defendant. 22.404 23.074 BAILIFF: ... [Oh]. 22.827 23.812 ROSE: [But I]'m the plaintiff, 23.812 24.815 .. on the countersuit. 24.815 25.604 X: ... (THROAT)[=]. 25.200 25.604 BAILIFF: [Oh]. 25.604 28.026 X: ...

. 28.026 28.484 X_2: @Oh (H). 28.484 30.656 X_3: ... (COUGH)[=] 30.263 31.371 X: [XX] that's never worked P>. 31.371 32.004 X_2: ... [2@Yeah2]. 31.559 32.150 ROSE: [2Sign here2]=? 32.150 32.496 X: . 32.496 51.636 JUDGE: ... Okay now, 51.636 53.060 this is a case that a v- -- 53.060 55.143 originally was filed by ~Walter ~Komak, 55.143 55.922 who is now present, 55.922 56.843 % not present, 56.843 58.502 ... against ~Rose ~Black, 58.502 59.877 ... u=m, 59.877 62.179 ... asking for a security deposit, 62.179 65.184 ... and since he's not he=re, 65.184 66.574 ... uh, 66.574 68.480 we= will not rule in favor of him, 68.480 70.611 ... and then there was a cross complaint, 70.611 72.380 ... defendant's claim, 72.380 74.131 ... uh=, 74.131 76.939 ... by uh .. ~Rose ~Black, 76.939 79.298 ... for five-hundred and thirty-three dollars, 79.298 80.934 ... balance of rent due, 80.934 82.171 at the end of the lease. 82.171 83.081 ... And Miss ~Black, 83.081 84.170 I presume you're the landlord. 84.170 84.809 Is that [correct]? 84.335 84.809 ROSE: [Yes]. 84.809 85.300 .. Mh[2m2]. 85.144 86.802 JUDGE: [2And2] was there a uh written agreement, 86.802 87.560 or a uh [3lease3]? 87.273 87.633 ROSE: [3Yes3]. 87.633 88.333 JUDGE: ... Was it a l- -- 88.333 89.225 uh month to month, 89.225 89.796 or a uh, 89.796 90.382 ROSE: A year. 90.382 91.149 JUDGE: .. A one-year lea[se]. 91.069 91.683 ROSE: [O]ne year [2lease2]. 91.378 92.183 JUDGE: [2Let me2] see that please. 92.183 96.499 ... O=kay. 96.499 97.439 So now=, 97.439 97.950 uh=, 97.950 100.053 how do you arrive at the five thirty-three, 100.053 100.883 you say that they, 100.883 102.072 that Mister ~Komak owes you. 102.072 103.339 ROSE: ... Uh this was the, 103.339 104.319 ... u=m, 104.319 106.293 breakdown of the security deposit. 106.293 107.056 JUDGE: Let me see that please. 107.056 118.335 ... So there was original security deposit of eighteen-hundred and seventy-five dolla[rs], 118.094 118.735 ROSE: [That's] correct. 118.735 122.733 JUDGE: ... And then you did some repairs on uh, 122.733 124.046 reinstalling screen[s]? 123.913 124.230 ROSE: [R]ight. 124.230 125.035 JUDGE: ... Okay. 125.035 125.847 How come they were -- 125.847 126.857 it was necessary to do that? 126.857 129.140 ROSE: ... (H) % They had removed the screen[s]. 128.826 129.140 JUDGE: [Okay]. 129.140 129.687 .. Alright. 129.687 131.296 ... And then u=m, 131.296 132.177 .. they owed some rent. 132.177 133.036 They were behind in their rent? 133.036 133.539 ROSE: ... Uh, 133.539 134.796 they were not behind in the rent, 134.796 135.123 .. the -- 135.123 136.422 .. The lease was terminated, 136.422 137.895 because of their behavior. 137.895 140.912 .. They ... broke .. uh s- one of the conditions of the lease, 140.912 143.549 which was not to disturb the other tenants there. 143.549 144.157 JUDGE: .. O[kay], 143.999 146.603 ROSE: [So] I had to give them a three-day notice .. to leave. 146.603 147.997 JUDGE: ... T- uh, 147.997 149.388 three-day notice .. to= -- 149.388 149.942 ROSE: Quit. 149.942 150.679 JUDGE: ... Well I know, 150.679 150.888 but, 150.888 153.139 [normally] you would give em three-day notice to perform uh, 150.888 151.239 ROSE: [X] 153.139 154.048 ... , 153.677 154.412 JUDGE: [2One of the2] covenants, 154.412 155.104 such as [3uh, 154.844 155.956 X: [3(THROAT)3]= 155.104 155.744 JUDGE: keep quiet3]. 155.956 156.500 ROSE: @@@ 156.500 158.645 (H) .. They were not able to be quiet. 158.645 161.316 ... % % U[=m what ha-] -- 160.797 161.119 JUDGE: [Okay, 161.119 161.732 so] then they -- 161.732 163.767 ... So then they left within that three days? 163.767 164.448 ROSE: ... No. 164.448 165.580 They left a month later. 165.580 166.598 .. At the end of June. 166.598 169.036 ... They paid the rent for June, 169.036 170.138 JUDGE: ... [Okay], 169.753 170.465 ROSE: [and they] left, 170.465 171.572 uh July first. 171.572 174.185 And there were two months .. left .. of the lease. 174.185 174.358 JUDGE: [D-] -- 174.185 174.423 ROSE: [XX] 174.423 175.172 JUDGE: And rent's uh, 175.172 176.003 thousand uh, 176.003 176.461 .. [two-hundred] -- 176.101 177.323 ROSE: [Twelve] seventy-[2five2]. 176.970 177.307 JUDGE: [2five2]. 177.323 177.725 O[3kay3]. 177.476 177.840 ROSE: [3Mhm3]. 177.840 183.564 JUDGE: ... Now, 183.564 184.034 u=m, 184.034 185.333 ... did you rerent the -- 185.333 186.318 rerent the premises. 186.318 187.000 ROSE: Yes I did. 187.000 188.503 As of August twenty-eighth. 188.503 192.918 ... So it reduced, 192.918 193.273 uh, 193.273 194.383 that seven-hundred three, 194.383 195.747 to five thirty-three. 195.747 198.091 JUDGE: ... Uh=, 198.091 198.842 seven thirty-thr-, 198.842 200.612 I'm not sure wh- where the seven thirty-three comes in. 200.612 203.362 ROSE: Seven o three [was the bal]ance that they owed me, 201.418 202.151 JUDGE: [Seven o three]. 203.362 205.460 ROSE: ... after they moved out. 205.460 205.713 JUDGE: Right. 205.713 206.425 But there's a credit, 206.425 206.948 because they m- -- 206.948 207.425 you [got] -- 207.225 207.837 ROSE: [That's] correct. 207.837 208.200 JUDGE: Okay. 208.200 210.491 So you're giving a three-day's uh ... credit, 210.491 211.578 and [how much] is the daily rent? 210.564 210.794 ROSE: [Mm], 211.578 213.478 ... It was forty-two fifty. 213.478 214.127 JUDGE: .. Okay. 214.127 214.519 So, 214.519 215.858 how much do you say they now owe you? 215.858 217.810 ROSE: ... Five-hundred and thirty-three [dollar-]. 217.500 217.810 JUDGE: [] -- 217.810 219.522 and that's what you put down [2on your cross complaint. 218.583 219.337 ROSE: [2That's correct. 219.522 219.925 JUDGE: I see. 219.574 220.076 ROSE: .. Mhm2]. 219.925 220.295 JUDGE: O2]kay. 220.295 223.336 ... Well that seems uh=, 223.336 224.521 ... fundamentally fair, 224.521 225.400 and they're not disputing it, 225.400 226.780 so I will grant you your request. 226.780 228.220 .. And I will hand back your documents. 228.220 229.351 ROSE: Thank you very much. 229.351 237.093 ...

] 237.656 239.168 BAILIFF: [

, 240.270 241.661 ROSE: ... [

]. 241.220 241.683 X: [XXX] 242.683 245.555 BAILIFF: ...

. 245.555 245.933 ROSE:

. 245.933 269.382 JUDGE: ... Okay, 269.382 270.481 the next case will be uh, 270.481 271.331 ~Mitchell ~Roberts, 271.331 272.731 versus uh ~Matthew ~Collins, 272.731 274.192 ~ABC Builders Interiors? 274.192 279.359 BAILIFF: ... This -- 279.359 280.261 both sides are here? 280.261 282.088 ... Is this contested? 282.088 282.834 MITCHELL: ... X 282.834 283.904 BAILIFF: ... Who's ~Mitchell ~Roberts. 283.904 284.265 MITCHELL: Right here. 284.265 284.680 BAILIFF: .. Okay. 284.680 285.707 ... Sit on this side here. 285.707 293.976 ... XXX 293.976 295.005 X: ...

. 295.005 305.146 BAILIFF: ... Who's the .. party being s- ... served. 305.146 305.513 .. You are? 305.513 318.540 X: ... Thank you. 318.540 319.087 BAILIFF: .. Nice pen. 319.087 319.387 . 319.387 325.992 JUDGE: ... O=kay, 325.992 326.328 let's see, 326.328 326.732 who's here now. 326.732 327.405 Mister ~Roberts? 327.405 328.006 MITCHELL: ... Right here. 328.006 329.633 JUDGE: ... And you brought an action, 329.633 331.153 .. against uh ~Matthew ~Collins, 331.153 331.990 for um, 331.990 334.340 ... roughly seven-hundred dollars, 334.340 338.067 ... for labor installing a carpet. 338.067 338.781 T- uh=, 338.781 342.433 ... during last uh August to September, 342.433 346.512 ... okay, 346.512 347.293 and uh=, 347.293 349.594 .. just tell me about how you arrived at uh this claim. 349.594 353.723 MITCHELL: ... Uh I was called by ... ~Matthew here, 353.723 354.960 ... to= do the job for him. 354.960 356.292 So I went out and looked at the job, 356.292 356.654 JUDGE: .. Okay, 356.654 356.954 you run a -- 356.954 358.493 you run a .. a carpet business I [presume]? 358.150 358.452 MITCHELL: [Yes]. 358.493 359.614 I'm a licensed contractor. 359.614 360.009 JUDGE: Okay. 360.009 361.566 MITCHELL: ... U=m, 361.566 362.971 the job was out at UCSB, 362.971 365.403 ... I went and estimated the job for myself, 365.403 366.653 to see if I could take the job, 366.653 368.640 ... for what he wanted to pay for it, 368.640 370.642 ... and I let him know that I could not. 370.642 371.560 ... Do the job. 371.560 373.073 ... I wouldn't make any money. 373.073 375.151 ... So uh, 375.151 377.254 ... upon me .. telling him that, 377.254 378.440 ... he offered, 378.440 381.552 ... to pay ... my employees, 381.552 384.195 ... fill out, 384.195 386.172 he had em fill out double-u two forms all of em, 386.172 387.355 ... and paid him, 387.355 389.155 to lessen the burden of payment on me, 389.155 391.683 ... so that I in turn would make more money off the job. 391.683 394.148 ... I agreed to that, 394.148 395.801 ... after about -- 395.801 398.104 JUDGE: ... Ca- % .. i=s that a normal procedure XX, 398.104 398.675 MITCHELL: Not at all. 398.675 400.413 ... He wanted me to do the job, 400.413 403.566 ... so he offered to take some of the monitory burden off my back, 403.566 406.421 ... so that I could do it for the agreed amounts that we were gonna do it on. 406.421 407.062 JUDGE: .. So in other words, 407.062 407.385 your -- 407.385 410.164 your helpers would really be his employees [for the purpose] of this job, 408.980 409.531 MITCHELL: [That's correct]. 410.164 412.195 He had em all fill out the plo- proper forms. 412.195 415.161 JUDGE: ... So then your costs would be reduced there as far as, 415.161 415.712 MITCHELL: .. That's correc[t]. 415.626 415.978 JUDGE: [A]lright. 415.978 417.480 MITCHELL: ... Uh, 417.480 419.480 ... I went to receive my check, 419.480 420.810 ... of which, 420.810 422.007 ... we had agreed, 422.007 423.194 .. that he would deduct, 423.194 426.584 ... the amount ... of .. the hourly wage, 426.584 428.172 ... that [he was] -- 427.640 428.969 JUDGE: [Was this a]greement in writing, 428.969 429.609 or verbal (Hx). 429.609 430.784 MITCHELL: ... Completely verbal. 430.784 432.665 I've been working with him for like six years. 432.665 435.311 ... Uh, 435.311 436.234 .. upon a reve- uh -- 436.234 437.835 uh ... receiving my check, 437.835 439.314 ... uh=, 439.314 441.875 ... for about ... two and a half weeks of work, 441.875 444.364 ... approximately between fifty and seventy hours, 444.364 447.073 I was paid three-hundred and sixteen dollars and fifty-one cents. 447.073 449.386 ... So I approached him with it, 449.386 451.598 ... and he handed me this yellow piece of paper here, 451.598 453.401 ... and noted that, 453.401 455.080 ... what the employees made, 455.080 456.857 ... a=nd uh, 456.857 460.217 ... at twenty-six percent less deduction on these two employees. 460.217 462.397 ... Which was the employer contribution. 462.397 465.534 ... So I= noted to him that he was supposed to pay that, 465.534 466.272 ... he said, 466.272 466.966 uh= n-, 466.966 467.643 ... no, 467.643 468.844 ... you're gonna pay it. 468.844 471.613 ... So I said that's not ... as per our agreement, 471.613 472.355 he said yes it is, 472.355 473.206 he handed me my check, 473.206 474.025 rolled up his window, 474.025 474.678 and drove off. 474.678 476.732 ... And he's there to state, 476.732 477.186 .. he's -- 477.186 478.213 ... he saw that, 478.213 479.227 and was .. witness to that. 479.227 480.662 ... I have [a letter], 480.154 482.670 JUDGE: [%I don- I don't] think it's relevant that he rolled up his window and drove off [2X2]. 482.396 482.747 MITCHELL: [2We2]ll, 482.747 483.181 I know. 483.181 483.520 .. But, 483.520 484.020 ... that- -- 484.020 484.862 that was the end of our thing, 484.862 486.272 I tried to contact him everything, 486.272 488.537 ... finally I uh .. contacted my attorney, 488.537 490.438 ... I'd like to present this letter to you here. 490.438 490.903 JUDGE: ... Okay. 490.903 491.511 If I may look at that. 491.511 491.812 And, 491.812 493.414 .. [have you shown] that to uh Mister ~Collins? 491.812 492.381 MITCHELL: [Yes please]. 493.414 493.653 Yes. 493.653 494.088 He has -- 494.088 496.639 .. he has ... received ... a copy of that letter. 496.639 498.520 X: ... (THROAT) 498.520 506.173 JUDGE: ... Now ~Stu ~Roberts is an attorney. 506.173 506.690 Is that correct? 506.690 507.216 MITCHELL: .. Yes sir, 507.216 510.331 JUDGE: ... You're uh, 510.331 512.007 MITCHELL: ... I'm his nephew. 512.007 512.536 JUDGE:

. 512.536 516.387 ... And you're ~Nick ~Ro- .. ~Roberts' nephew too then. 516.387 517.023 MITCHELL: ... That's correct, 517.023 517.526 JUDGE: .. Okay. 517.526 525.854 ... So uh your uncle then wrote uh Builders uh a letter, 525.854 526.880 that's what I'm reading now, 526.880 527.432 MITCHELL: ... Yes sir, 527.432 535.418 JUDGE: ... Uh I do emphasize that I'm reading it, 535.418 536.464 this is not evidence, 536.464 537.950 this is only y- your story, 537.950 540.114 tha[t you've told] ... Mister ~Roberts, 538.055 538.604 MITCHELL: [That's correct], 540.114 540.992 ... That's correct, 540.992 541.433 JUDGE:

. 541.433 575.322 ... (TSK) So really the dispute then boils down to this twenty-six percent. 575.322 576.074 MITCHELL: .. That's it sir. 576.074 576.668 JUDGE: ... Okay. 576.668 580.952 MITCHELL: ... That's the reason why I had him ... fill out that portion of, 580.952 583.532 or he ... wanted to ... write those checks. 583.532 584.916 .. Was so I would save that money, 584.916 585.924 so I would do that job. 585.924 586.652 JUDGE: ... Okay. 586.652 587.716 MITCHELL: At the end of the job. 587.716 588.970 JUDGE: .. Mister ~Collins I know you're, 588.970 590.212 ... biting at the bit there, 590.212 591.160 you wanna (Hx) say something, 591.160 591.783 so why don't you go ahead. 591.783 592.810 MATTHEW: .. Okay thank you your honor. 592.810 593.714 ... U=m, 593.714 595.971 ... uh pretty much (Hx), 595.971 596.645 .. u=m, 596.645 599.465 ... what ~Mitchell has stated is untrue. 599.465 600.417 ... ~Mitchell, 600.417 603.118 ... uh did do some work for me out at the college, 603.118 605.075 we did the Anacapa Residential Hall. 605.075 606.780 ... A=nd this is a, 606.780 608.832 ... eight-thousand-yard job, 608.832 609.792 .. that we did this summer. 609.792 611.955 ... (H) It required us to, 611.955 612.877 ... employ, 612.877 615.244 ... oh five or six crews, 615.244 617.627 ... uh ~Mitchell ~Roberts was one of them that we used, 617.627 618.279 on the job, 618.279 622.231 ... Uh ~Mitchell ... expressed a desire to do the work out there, 622.231 623.318 ... he expressed, 623.318 626.188 ... he did not know how to= handle the payroll. 626.188 629.090 ... Most of the ... uh contractors here in town, 629.090 630.540 that are independents like ~Mitchell, 630.540 633.501 ... don't know how to do prevailing wage [statements]. 632.862 633.568 X: [(THROAT)] 633.568 638.807 MATTHEW: .. The college is a ... state-funded uh ... uh ... remodel, 638.807 640.642 ... and on state-funded remodels, 640.642 641.543 we're required, 641.543 643.683 ... to pay prevailing wages. 643.683 645.108 ... Uh prevailing wages, 645.108 645.787 .. that, 645.787 647.015 ... um, 647.015 650.677 ... that indicate different ... levels of agility, 650.677 652.211 ... of the different men working. 652.211 653.485 ... And so, 653.485 654.839 .. uh a lot of the crew=s, 654.839 656.147 ... uh, 656.147 657.411 ... like ~Mitchell, 657.411 659.985 .. who have .. people that work ... under him, 659.985 660.937 .. around town, 660.937 662.464 in .. regular situations, 662.464 663.847 ... come to the people like me, 663.847 665.299 and ask us to do payroll for them. 665.299 667.388 ... When we do the payroll for them, 667.388 669.404 ... we state to them up front, 669.404 671.300 ... that ... uh, 671.300 672.351 we will pay the payroll, 672.351 674.328 ... we will make the deductions, 674.328 677.182 ... and then .. the employer contribution, 677.182 679.276 ... which is approximately twenty-six percent, 679.276 682.886 ... over and above .... the hourly wage, 682.886 684.526 ... is also deducted, 684.526 688.163 ... from .. the .. um ... subcontractor's check. 688.163 689.818 JUDGE: .. Now this uh .. th- twenty-six percent, 689.818 691.260 that'd be .. be social security, 691.260 692.297 and what else would it include. 692.297 693.444 MATTHEW: ... Um (Hx), 693.444 694.296 JUDGE: .. Sorta like um, 694.296 695.621 MITCHELL: ... above] that. 694.627 695.307 MATTHEW: [Well you have] -- 695.621 696.073 You have, 696.073 696.835 X: ... XXX 696.835 697.966 MATTHEW: ... you have that -- 697.966 699.293 ... I have a breakdown here, 699.293 700.643 of what we paid ~Mitchell's men. 700.643 701.381 JUDGE: [XXXXX] 700.666 701.620 MATTHEW: [if you'd like to see that]. 701.620 703.624 JUDGE: ... Okay. 703.624 704.462 ... I mean, 704.462 704.563 do -- 704.563 704.819 yeah, 704.819 705.982 y- you got a total of uh, 705.982 709.083 ... seven point six five percent employer contributions on the, 709.083 710.723 MATTHEW: ... Um, 710.723 712.101 ... that explains it pretty well, 712.101 713.376 there's quite a few deductions, 713.376 713.821 .. of course- -- 713.821 715.100 ... [X], 714.825 715.750 JUDGE: [Oh] and and the oh the -- 715.750 715.908 the f- -- 715.908 717.623 the annual unemployment insurance, 717.623 718.076 and uh, 718.076 718.447 MATTHEW: Right. 718.447 718.883 JUDGE: Oka[y]. 718.773 719.866 MATTHEW: [wor]ker's compensatio[2n, 719.754 720.055 JUDGE: [2Right2]. 719.866 720.719 MATTHEW: F2]UDA .. FICA, 720.719 721.186 et cetera. 721.186 722.467 ... Now that's, 722.467 723.419 ... u=m, 723.419 726.795 ... in any payroll deduction situation, 726.795 727.323 you have, 727.323 729.524 ... the employee contribution, 729.524 733.285 ... which is deducted from the employee's ... wages, 733.285 734.250 gross wages, 734.250 737.020 .. and then you have the employer's ... contribution, 737.020 737.934 [which is over and] above that. 737.020 737.494 X: [(THROAT)] 737.934 740.787 MATTHEW: ... Which the employer has to pay. 740.787 742.440 ... Now the agreement that we had made, 742.440 744.892 ... with a=ll of the ... um, 744.892 746.211 ... subcontractors, 746.211 746.711 uh, 746.711 748.356 ... ~Mark ~Preston's sitting here, 748.356 750.194 ... which is testifying for ~Mitch ~Roberts, 750.194 751.597 ... also did work for me, 751.597 753.201 ... and he was treated the same way. 753.201 754.152 We .. paid him, 754.152 756.302 ... we took his deductions out, 756.302 758.736 ... as well as ... that, 758.736 759.337 ... and, 759.337 759.840 so we, 759.840 760.365 uh did that, 760.365 761.365 ... with everybody. 761.365 762.029 JUDGE: ... Okay wai- % -- 762.029 763.031 I wanna make sure now. 763.031 765.073 % That would be fine if that was the agreement. 765.073 765.986 Now you say that the w- -- 765.986 766.436 you under- -- 766.436 767.811 you explained that to Mister ~Roberts? 767.811 768.911 MATTHEW: ... Uh yes sir. 768.911 769.997 .. Before he went to work. 769.997 770.635 JUDGE: .. Okay. 770.635 771.147 Mister ~Roberts, 771.147 772.422 did you have any conversations, 772.422 773.525 MITCHELL: ... Absolute[ly not]. 773.185 774.186 JUDGE: [with ~Matthew] ~Collins about that. 774.186 775.064 MITCHELL: ... The reason, 775.064 776.640 ... and I stress this. 776.640 778.174 And I don't like to waste the court's time. 778.174 779.500 ... But, 779.500 781.725 ... my ... total, 781.725 782.153 I agree -- 782.153 784.007 whatever he just said right there was true, 784.007 785.585 with ... withholding and every[thing]. 785.423 785.937 JUDGE: [R]ight I'm -- 785.937 786.686 MITCHELL: ... That was fine. 786.686 788.151 JUDGE: ... It really boils [down], 787.850 788.151 MITCHELL: [But] -- 788.151 790.625 JUDGE: what- what was the discussion the agreement regarding this, 790.625 791.528 MITCHELL: ... The dis[cussion], 791.142 791.464 JUDGE: [X] 791.528 792.272 MITCHELL: The agreement would be, 792.272 793.374 that he would pay everything. 793.374 794.740 ... So that [I wouldn't] -- 794.182 795.152 JUDGE: [Did he say eve]rything. 795.152 795.796 MITCHELL: Y- everything. 795.796 797.520 ... So that I wouldn't end up making, 797.520 799.123 after fifty hou- fifty hours work, 799.123 800.151 which I knew I was gonna make, 800.151 802.870 when I had to my em- part of an employer contribution, 802.870 804.512 ... I have my own payroll service. 804.512 805.360 They do all that for me, 805.360 807.817 and they're very familiar with all ... types of pay. 807.817 810.586 ... This is why I didn't wanna take the job to begin with. 810.586 811.560 JUDGE: ... Uh [I can u- -- 811.177 811.780 MITCHELL: [He in turn] -- 811.560 812.437 JUDGE: I can] appreciate that. 812.437 812.886 .. [2now2], 812.553 812.879 MITCHELL: [2Okay2], 812.886 814.117 JUDGE: .. Mister ~Collins says, 814.117 815.981 ... he denies that you said, 815.981 817.292 ... everything. 817.292 817.580 Right? 817.580 817.980 [] -- 817.642 818.130 MITCHELL: [I wouldn't]'ve -- 818.130 818.814 I wouldn't[2've done it2]. 818.411 818.831 MATTHEW: [2Well2], 818.831 820.405 JUDGE: ... You have a different .. story, 820.405 821.759 on what .. the agreement was. 821.759 822.009 MATTHEW: .. Right. 822.009 823.013 ... U=m, 823.013 824.104 .. uh ~Karen here, 824.104 825.008 ... uh, 825.008 825.921 does all the payroll, 825.921 827.016 a=nd .. uh, 827.016 829.270 ... she's here to testify about a conversation, 829.270 831.339 ... that .. her and ~Mitchell had, 831.339 832.318 in our office, 832.318 833.354 about this very thing, 833.354 834.256 and I'd [like to] -- 833.794 836.182 JUDGE: [Before] or after the= agreement was entered into. 836.182 837.976 MATTHEW: .. After the agreement was entered into, 837.976 840.266 ... he had been on the job for about a week or so, 840.266 841.286 ... and, 841.286 842.019 it was time, 842.019 843.000 ... I believe for the-, 843.000 846.451 ... first or second pay ... period for his men, 846.451 848.534 ... Uh he came into the office, 848.534 849.959 and had a conversation with ~Karen, 849.959 850.735 ... about, 850.735 851.987 ... A the payroll, 851.987 854.679 ... and B this twenty-six percent that we're talking about. 854.679 856.007 And [she'd be hap]py to tell you -- 854.866 855.443 JUDGE: [Okay ma'am], 856.007 856.783 .. why don't you please, 856.783 858.735 .. explain the= conversation you had with Mister ~Roberts. 858.735 859.950 KAREN: ... Okay. 859.950 860.545 U=m, 860.545 861.172 he was -- 861.172 863.709 ... we were going over the wages for ~Phil ~Nigel, 863.709 865.496 .. who was one of the .. gentlemen on there, 865.496 868.266 ... as to .. how much .. ~Phil was to get, 868.266 869.219 ... for the job. 869.219 870.571 .. On an hourly basis. 870.571 871.447 ... A=nd, 871.447 872.513 he had mentioned to me, 872.513 874.363 that he was wanting him to get ex amount, 874.363 875.481 (H) and I said okay, 875.481 876.759 if it's ex amount to ~Phil, 876.759 877.120 then, 877.120 878.383 plus twenty-six percent means, 878.383 880.511 I take out ... this amount, 880.511 881.691 ... from your check. 881.691 882.668 ... And he goes oh. 882.668 883.396 Well then .. no, 883.396 884.325 I don't wanna have the, 884.325 884.563 you know, 884.563 885.528 take out that much. 885.528 888.162 (H) So= we were going back and forth with the figures, 888.162 889.091 and so finally, 889.091 890.998 ... this is .. the=, 890.998 892.224 ... uh=, 892.224 894.339 ... wage that we came up with, 894.339 896.279 which was thirteen [fifty to] ~Phil, 895.277 895.791 X: [(THROAT)] 896.279 898.940 KAREN: ... And then have seventeen dollars .. an hour, 898.940 901.055 taken out of ~Mitch ... 's check. 901.055 902.231 ... ~Mitch ~Roberts' check. 902.231 906.427 ... And this is the (H) note that I'd written down on that. 906.427 907.151 A=nd then, 907.151 910.141 ... you can see that thirteen fifty plus twenty-six percent, 910.141 911.505 which is three fifty-one, 911.505 913.560 (H) would actually equal to seventeen o one, 913.560 914.062 [and I said, 913.560 914.483 MATTHEW: [Why don't you show him the note]. 914.062 914.483 KAREN: .. You know], 914.483 916.411 ... just the seventeen was [2fine2]. 916.112 916.693 JUDGE: [22] -- 916.693 917.733 ... So, 917.733 918.911 d- did you have [that conver]sation. 918.199 918.532 MITCHELL: [I don't] -- 918.911 921.042 ... I had that perfect conversation with her. 921.042 922.004 .. And that's very true, 922.004 922.861 exactly what you said. 922.861 924.764 ... But she never told me anything about, 924.764 926.067 ... this twenty-six percent, 926.067 927.618 that was coming a- come out of my check. 927.618 928.225 ... Why- -- 928.225 928.590 .. It's -- 928.590 929.557 X: ... go ahead. 929.557 930.707 MARK: ... I was offered, 930.707 931.364 ~Matthew offered me, 931.364 932.075 I'm ~Mark ~Preston, 932.075 933.485 I'm a licensed contractor also, 933.485 936.140 and ~Matthew (H) offered me the same ... situation. 936.140 938.142 ... And it was my understanding, 938.142 940.153 ... that he was to pay ... everything. 940.153 941.201 Supply the glue, 941.201 943.022 ... (TSK) (H) supply -- 943.022 944.143 and take care of my guys, 944.143 945.032 and make the payroll, 945.032 947.032 .. and pay all of the employer's stuff. 947.032 948.728 ... If you're an employer, 948.728 949.760 you gotta pay the stuff. 949.760 951.188 .. You gotta pay all the extra thing[s]. 951.023 951.185 JUDGE: [But], 951.188 952.242 you don't have any -- 952.242 953.974 ... y- [you] can't testify, 953.107 953.259 X: [(COUGH)] 953.974 954.620 JUDGE: unless I'm wrong, 954.620 956.020 about the conversation those two had. 956.020 956.598 You weren't there. 956.598 957.211 Is that correc[t]? 957.082 958.960 MARK: [I] know for a fact that, 958.960 960.272 ... [2~Mitch was mak-2] -- 959.462 960.217 MATTHEW: [2He was not there2]. 960.272 960.676 MARK: M- and- -- 960.676 961.926 he just mentioned that he -- 961.926 964.980 (H) ~Matthew just mentioned that he deducted the same out of my check? 964.980 966.277 ... . 966.277 967.660 I worked strictly by the yard, 967.660 968.804 and I paid my people. 968.804 969.957 .. [Prevailing wages]. 968.975 972.228 JUDGE: [Well any agreement he had] with you is not relevant to the agreement he had with Mister ~Roberts. 972.228 972.631 MARK: Well, 972.631 974.383 %% I saw the people's checks, 974.383 975.435 ... a=nd, 975.435 976.757 ... I'm just drawing a pi-, 976.757 977.895 verify what ~Mitch said. 977.895 982.136 ... H- ~Ma- Mister ~Collins was supposed to pay ... everything. 982.136 983.950 MITCHELL: ... He approached him [with the same], 983.316 983.950 MARK: [Fir- f- f-] -- 983.950 985.075 with the exact same thing, 985.075 985.787 (H) And he d- -- 985.787 987.251 ~Jerry ~Stillman he did the same thing, 987.251 988.997 he did the same thing with ~Marco ~Villaremo. 988.997 990.851 ... Who're all licensed contractors. 990.851 992.247 JUDGE: ... But I still -- 992.247 993.198 I still don't [know] -- 992.822 993.198 MARK: [(THROAT)] 993.198 994.364 JUDGE: that may have been on other cases, 994.364 994.885 the question is, 994.885 996.010 did he do it in this case. 996.010 996.461 MITCHELL: .. He -- 996.461 997.163 .. it would be, 997.163 999.365 ... if , 999.365 1000.604 ... %uh, 1000.604 1002.280 .. the whole reason why I'm here. 1002.280 1004.684 ... Is because he took that twenty-six percent out, 1004.684 1006.125 that he told me he wasn't gonna take, 1006.125 1007.276 ... he used it as, 1007.276 1008.955 .. more or less bait me to do the job, 1008.955 1010.704 ... and went ahead and withheld it from me. 1010.704 1012.293 ... Without saying a word to it, 1012.293 1013.085 I had nothing, 1013.085 1015.616 .. I was expecting to make about a thousand dollars on the job, 1015.616 1016.228 JUDGE: I understand that. 1016.228 1016.887 MITCHELL: ... And, 1016.887 1018.240 .. when he wrote my check. 1018.240 1019.973 ... He wrote my check to me, 1019.973 1021.823 ... handed it to me through a window, 1021.823 1023.454 ... says that's the way it is, 1023.454 1024.017 ... and th- -- 1024.017 1024.496 and and you know -- 1024.496 1025.002 it wasn't -- 1025.002 1026.479 and- he % totally evaded me, 1026.479 1028.080 .. he has to this day evaded me, 1028.080 1028.682 JUDGE: .. Mister ~Roberts. 1028.682 1029.633 .. That's beside the point. 1029.633 1030.580 What I'm trying to % -- 1030.580 1032.026 ... We have to really hone in on-, 1032.026 1032.880 what was the agreement. 1032.880 1033.917 Not how he [paid you, 1033.415 1034.440 MITCHELL: [The agreement was, 1033.917 1034.419 JUDGE: If he -- 1034.440 1034.794 MITCHELL: .. That], 1034.419 1034.820 JUDGE: .. You know], 1034.820 1036.353 I don't care if he folded an airplane and ma- -- 1036.353 1037.356 and sailed [it through the air], 1036.761 1038.228 MITCHELL: [He would pay] all my employees. 1038.228 1039.028 That was the agreement. 1039.028 1040.079 ... [Everything]. 1039.692 1040.056 JUDGE: [But he di-] -- 1040.056 1040.906 he disputes that. 1040.906 1041.364 MITCHELL: ... Well, 1041.364 1042.056 I understand that. 1042.056 1043.108 That's why we're here your honor. 1043.108 1043.667 JUDGE: .. . 1043.667 1044.170 ... But, 1044.170 1044.946 you're the plaintiff. 1044.946 1046.436 You have the burden of proving your case. 1046.436 1047.609 That's the problem I have is, 1047.609 1050.504 ... you've gotta convince me by a preponderance of evidence, 1050.504 1051.667 that what you're saying is true. 1051.667 1052.806 MITCHELL: ... [Well then if] -- 1052.292 1052.561 JUDGE: [More- -- 1052.561 1053.607 more li]kely than not. 1053.607 1054.524 .. Now you say one thing, 1054.524 1055.526 and he says another, 1055.526 1056.326 MITCHELL: ... Then -- 1056.326 1058.053 when- when a person .. fills out, 1058.053 1060.856 or has other employees fill out the double-u two forms and everything, 1060.856 1062.580 ... why would I become liable, 1062.580 1063.831 ... for that contribution. 1063.831 1065.459 When h- .. when he in fact by law, 1065.459 1067.359 is now employing those employees. 1067.359 1068.911 ... He's the employer. 1068.911 1070.781 ... I am doing nothing. 1070.781 1074.560 ... (H) Isn't there a law that states that fact? 1074.560 1075.477 ... When you have, 1075.477 1076.893 ... uh people, 1076.893 1077.771 ... work for you, 1077.771 1079.957 and fill out specific forms to the state, 1079.957 1080.847 ... [stating that]? 1080.331 1080.845 JUDGE: [Tell me again]. 1080.847 1080.994 Wh- -- 1080.994 1081.364 what were the -- 1081.364 1082.207 what was the agreement again? 1082.207 1082.994 Go- go through the -- 1082.994 1084.499 .. y- conversation as you saw it. 1084.499 1086.291 MITCHELL: ... Conversation was, 1086.291 1086.618 ~Mitch, 1086.618 1087.676 if you do this job, 1087.676 1089.930 ... I'll go ahead and pay all your employees, 1089.930 1091.902 and you in turn will be able to pa- make more money. 1091.902 1093.228 JUDGE: ... That was pretty much it. 1093.228 1093.940 MITCHELL: ... That's it. 1093.940 1094.995 ... That's to the point, 1094.995 1096.213 JUDGE: Oh [so he in ef]fect said, 1095.180 1095.787 MITCHELL: [And that's it]. 1096.213 1097.355 JUDGE: I will pay your employ[2ees2]. 1097.163 1097.928 MITCHELL: [2That2]'s correct. 1097.928 1099.007 ... And he did sir. 1099.007 1101.561 ... And then when it came to the employer contribution, 1101.561 1103.239 ... without my knowledge or anything, 1103.239 1104.594 until I received this check, 1104.594 1106.740 ... he just yanked that right out of my check. 1106.740 1108.036 JUDGE: ... And Mister ~Collins %, 1108.036 1108.903 ... that conv- -- 1108.903 1111.001 tell me about the conversation .. you believe .. happened, 1111.001 1111.786 MATTHEW: ... Well, 1111.786 1112.461 ... u=m, 1112.461 1114.496 ... ~Mitch and I, 1114.496 1114.966 .. u=m, 1114.966 1117.076 ~Mitch had come to me and said he would do the work out there, 1117.076 1120.532 ... but he wanted to do the work under the basis that I paid his men, 1120.532 1122.512 ... and I told him about, 1122.512 1124.049 ... what I said earlier here, 1124.049 1125.278 JUDGE: .. About the twenty-six percent? 1125.278 1125.599 MATTHEW: Yes, 1125.599 1126.436 JUDGE: That was mentioned to him. 1126.436 1127.141 KAREN: [Always]. 1126.718 1127.369 MATTHEW: [Oh yes]. 1127.369 1127.604 Uh, 1127.604 1128.084 always, 1128.084 1129.406 it was mentioned with ~Karen here, 1129.406 1131.048 on her note of nine two ninety-three, 1131.048 1132.753 that she wrote down her note that she talked with him, 1132.753 1133.518 >RADIO: . 1133.518 1134.892 MATTHEW: ... and .. at .. uh, 1134.892 1135.891 at every juncture. 1135.891 1136.578 ... He was -- 1136.578 1137.896 ... uh made aware of, 1137.896 1139.211 ... the= uh, 1139.211 1140.386 the contributions, 1140.386 1141.739 ... were made by the employer. 1141.739 1142.692 These were his men, 1142.692 1144.713 .. and we were doing a service for him, 1144.713 1146.947 ... under this agreement that we had between us. 1146.947 1147.442 JUDGE: .. Now just -- 1147.442 1148.933 % just seems from a logical standpoint, 1148.933 1149.785 I wasn't there obviously, 1149.785 1151.160 it seems like if you had said that to him, 1151.160 1152.115 he would've said wait a minute, 1152.115 1153.010 it's not worth it to me. 1153.010 1153.740 MITCHELL: ... That's cor[rect]. 1153.521 1153.859 JUDGE: [Would you] -- 1153.859 1155.025 Would you think he would say that. 1155.025 1155.227 MATTHEW: Yes, 1155.227 1155.981 I would think he would. 1155.981 1157.034 ... [Why would he] do the work. 1156.185 1156.493 JUDGE: [Okay]. 1157.034 1159.944 MITCHELL: ... So you would trick me into doing it. 1159.944 1161.146 ... [Tho-] -- 1160.950 1161.707 JUDGE: [Well] not if he, 1161.707 1162.788 not if he said [2to you2], 1162.398 1162.718 MITCHELL: [2No2], 1162.718 1163.341 but [3.. then, 1162.914 1163.828 MATTHEW: [3@ .. @@3] 1163.593 1163.830 MITCHELL: Then3], 1163.830 1164.580 with all my -- 1164.580 1166.438 .. with my .. fourteen years experience. 1166.438 1168.243 Why would I do that amount .. amount of work, 1168.243 1170.045 and knowingly for over fifty hours of work, 1170.045 1171.040 JUDGE: ... Well I [XX] -- 1170.640 1172.950 MITCHELL: [know I was] gonna take him three hundred and six[2teen dollars to do it2]. 1172.172 1173.693 JUDGE: [2That may be a like a2] buyer's remorse, 1173.693 1173.884 so I -- 1173.884 1174.587 [] -- 1174.180 1174.883 MITCHELL: [Well tha]t's not -- 1174.883 1176.721 I have fourteen years experience in the trade. 1176.721 1178.720 That's why I turned the d- .. the job down to begin with. 1178.720 1179.862 doing any work at all. 1179.862 1183.845 JUDGE: ... Well, 1183.845 1184.232 I'll tell you. 1184.232 1186.557 % if Mister ~Roberts' testimony is correct he should win, 1186.557 1188.999 and Mister ~Collins' testimony is correct then he should prevail. 1188.999 1189.777 MITCHELL: And I agree with you. 1189.777 1190.800 JUDGE: ... (H) [Now-] -- 1190.500 1191.500 MITCHELL: [But the] fact remains, 1191.500 1192.895 that I would not have done the work, 1192.895 1193.855 .. for this amount of money. 1193.855 1196.110 ... That's why I turned the job down to begin with. 1196.110 1197.920 ... That's why I'm here in the court today, 1197.920 1199.324 to make .. the court decide. 1199.324 1200.124 ... It shouldn't -- 1200.124 1202.213 .. [It shouldn't be legal for guys] to do [2this2]. 1200.388 1201.297 JUDGE: [Well I'm gonna make -- 1201.297 1201.751 .. %] -- 1202.097 1202.804 [2I2]'m gonna make, 1202.804 1203.328 uh=, 1203.328 1204.222 in my mind, 1204.222 1205.631 a bad decision today. 1205.631 1207.562 ... Now, 1207.562 1209.198 you both seem very truthful and honest. 1209.198 1210.854 ... I wasn't there. 1210.854 1211.229 MITCHELL: ... But, 1211.229 1214.077 I'm the one that's bearing the burden of this [.. monetary amount]. 1212.906 1214.562 JUDGE: [you have ] proving it, 1214.562 1214.878 but, 1214.878 1217.067 MITCHELL: ... I understand that. 1217.067 1218.279 JUDGE: % I'm gonna award, 1218.279 1218.980 u=m, 1218.980 1220.540 ... Mister ~Roberts, 1220.540 1223.445 ... three-hundred fifty dollars. 1223.445 1225.001 ... Approximately half. 1225.001 1228.411 ... Now Mister ~Collins may not like that. 1228.411 1229.016 ... -- 1229.016 1229.878 .. if he doesn't like it, 1229.878 1232.237 then he can go ahead appeal it across the street superior court. 1232.237 1233.980 ... Running the risk that he might face, 1233.980 1236.488 ... the full amount of seven-hundred and four dollar[s]. 1236.338 1237.054 MATTHEW: [I] will appeal. 1237.054 1237.962 JUDGE: ... @Okay. 1237.962 1239.555 ... But I'm going to get it -- 1239.555 1240.738 and % award mister ~Roberts, 1240.738 1241.941 % three-hundred and fifty dollars, 1241.941 1244.143 ... a=nd if neither party is happy, 1244.143 1245.744 maybe there's an old saying in court that, 1245.744 1246.852 .. both parties are unhappy, 1246.852 1247.911 the judge made a good decision. 1247.911 1249.718 ... So, 1249.718 1250.881 MATTHEW: ... [Thank you your honor]. 1250.261 1251.536 JUDGE: [ for] the= uh=, 1251.536 1253.041 ... plaintiff of thr[2ee-fifty, 1252.731 1253.218 X: [2There's some, 1253.041 1255.584 JUDGE: And I will allow the court costs of twenty2] dollars and thirty cents. 1253.218 1254.474 X: I think there's some papers up there2]. 1255.584 1258.404 MITCHELL: ... Thank you your honor. 1258.404 1258.973 X: XXX 1258.973 1259.473 ...