>> announcer: roommates at war. >> [ english accent ] it was disaster the minute he walked in. he's having a party at the house without even talking to me about it. >> he would make degrading remarks to me in front of my friends. >> announcer: and they're exposing everything. >> judge patricia: you said he's a nudist. >> he is a nudist. >> announcer: "hot bench." judge tanya acker. judge larry bakman. judge patricia dimango. three judges. three opinions. one verdict. >> judge patricia: we've reached our decision. >> announcer: in a court of law, it's called a "hot bench." 23-year-old kyle rieman is suing his former roommate, mark gunner, for his security deposit and personal property. >> judge patricia: thank you, everyone.

please be seated. >> sonia: your honor, this is case number 140, rieman vs. gunner. >> judge tanya: thank you, sonia. good afternoon, gentlemen. >> good afternoon. >> judge tanya: mr. rieman, the defendant is a friend of your mother's. >> right. >> judge tanya: and you moved in with him. you paid your first month's rent. you paid a security deposit. you painted a room in his home? >> i sure did. >> he painted the room purple and lilac. >> my favorite colors. >> not like he was doing me any favors. >> judge tanya: we'll get to his design choices later. so, after you painted the room, you have a big fight. you both agree that you, sir, should move out. but what you allege is that the defendant locked you out, and you're claiming that mr. gunner retains your telescope, a surround-sound system, and some jewelry supplies. and you're suing him for $2,600. now, mr. gunner, we know that you don't like purple and lilac. [ laughter ] >> i have nothing against it, but it wouldn't be my choice for paint in a room. >> judge tanya: you don't want it for your wall. because what you say in your answer is that the two of you

are just different. you're low-key. he's a little more flamboyant. >> he's posting on facebook that he's having a party at the house, he has a deejay arranged, and he's looking for a lights guy -- without even talking to me about it. >> judge patricia: turning your home into a discotheque. [ laughter ] >> and i have to find this out on facebook. >> judge larry: you know, you guys couldn't be any more different. just can't -- >> judge tanya: i'm just telling you, like "the odd couple." >> i was doing him a favor for his mother, and i realized it was disaster the minute he walked in. >> judge tanya: so, you're happy to see him go, but you do not have his stuff. >> no. >> judge tanya: when did he move in with you, sir? >> february 25th. >> judge tanya: did you two, by chance, have any written lease agreement? >> no. >> our verbal agreement between mark, my mother, and i was that i would pay $450 in rent, month to month. we've known each other a very long time. he's a good friend of my mother's. i've probably known him since i was about five or six years old. >> judge patricia: so you know each other. >> mm-hmm. >> judge patricia: so you know what each other's about, so what was the surprise here -- other than the purple walls? what was the surprise? >> i thought he'd be a little bit easier to get along, but i

found out -- my mother tried to warn me, but he's a lot more difficult to get along with than you'd first believe. >> judge patricia: i think he thinks the same thing about you. that's the tough part here. okay, so, now, you move in. do you give him a security deposit? >> yeah, he said $350, but due to my financial situation at the time, i was giving it to him in pieces. i'd only gotten to giving -- >> judge patricia: pieces? how many pieces? 100? >> yeah, i gave him the $100, and i was gonna eventually get to the rest, but before that happened -- >> judge patricia: okay, but you're there a month, and he finds out that you want to have a birthday party. how many people were you going to invite? >> probably have been something like 25, 30. just a good circle of my good friends -- >> judge patricia: but you would get that somebody who only has you living there for a month might not want to have his home turned into a party house? >> right. >> judge tanya: can i clarify something with you? >> yes, please. >> judge tanya: you put this posting on facebook before you cleared it with him? >> i was trying to plan a party. i wasn't setting in stone that it was gonna be here. i was just making a post on facebook to see who would be available for what dates. >> judge patricia: okay, nevertheless, it was still in his home. ultimately, he said to you,

"you're out of here," correct? >> yeah, he said, "i don't think we should be staying here. you should start looking for a new place." so i scratched the party altogether 'cause -- >> judge patricia: so, what other problems did you guys have? >> well, before it got to that, i would, like, bring my friends over. he would make degrading remarks to me in front of my friends about my sexual-orientation lifestyle... >> no. >> ...things like, "i don't want your gay friends coming around for the party." that was one of the issues he had -- the amount of gay people that would probably be there, the drugs, the illegal activities he said that would go on. >> judge patricia: but don't you have issues with him, as well? 'cause i noticed you said something in your complaint. >> i struggled to readjust myself to his lifestyle. >> judge patricia: what's his lifestyle that bothers you? >> just his sense of humor was very dry. >> judge larry: he's british! >> judge patricia: i was gonna say! [ laughter ] but you said something here, as well. you said in your paper that he's a nudist. >> he is a nudist. >> judge patricia: okay, so, you have these issues. he's a nudist, you're not. everybody's got issues. >> i wouldn't have a problem with any nudity. i mean, i've worked in adult stores for the last three years. >> you made movies. >> yeah, and i'm also an adult star. >> judge larry: it just keeps getting better and better and

better. >> judge patricia: how would you know unless it was on facebook like the other stuff? >> his mother told me. >> judge patricia: so, now he tells you you're gonna leave. do you agree you should leave, as well? >> i do. i do find a place to live with my girlfriend -- my "girlfriend," not my actual physical girlfriend -- leah. [ laughter ] and i put down a deposit and get a move-in date for the 25th of that same month. >> judge patricia: and he agrees to let you stay till the 25th. did you pay that month of april's rent? did he pay you the rent for april? >> i believe so. >> judge patricia: okay, so no money's owed. now, let me ask you this -- why didn't you take your things out? >> well, i would have, but my key no longer worked in the door. we never agreed to a move-out date or had a 30-day notice. >> judge patricia: but what bothers me is the only things that you sort of are complaining about that you left would've been the three things that you should've taken out, all the most valuable things -- your stereo system, your telescope, and your jewelry supplies. i mean, those were the things -- if i were in your place -- i would've taken out first. >> right, but the thing with my telescope is it's really fragile, so i didn't want to be in a rush with it and make it so it would possibly get damaged or something. >> judge patricia: well, there

you go. now you don't have it. >> well, i do have it. >> judge patricia: oh, you do? >> yeah, it was never kept from me, no. those things were all thrown outside and left outside in the sun and were damaged in the process of being thrown out. >> judge patricia: let's hear what you have to say. >> judge larry: you know, mr. gunner, when did you change the locks? >> this would be three or four days after he moved out. >> judge larry: all right, did you text him to come back and pick the items up? >> yeah, i asked him beforehand and after. >> judge larry: do you have any of the text messages that you sent him? >> yeah. >> judge larry: all right. what troubles me is that, if we're only talking about a telescope and we're talking about a surround-sound system and some jewelry, were they really taking that much space up inside the house? >> no, but a new tenant was gonna be moving into the room. the convenient thing is to put it on the patio. it's sheltered. >> judge larry: couldn't put it in the garage? >> garage would mean he'd need access to the house. >> judge larry: well, you put it in the backyard. how'd he have access to the backyard? >> well, that brings up another point. >> judge larry: i'm thrilled. let's hear it. >> the sunday when he came over with the sheriff, and the sheriff asked him, "why aren't

you taking everything?" he stated -- and it's in the text -- that "i'm gonna leave it there until the last possible moment, get me an eviction before i'll take these things out." et cetera, et cetera. >> judge tanya: and, judge bakman, i did start reading some of these texts and, mr. rieman, i have to say, i think you're a lot less nice. i'm not going to go into detail about all of the things that you call the defendant, but i am going to point out one message where he's inviting you to come get your stuff when he's home, and you say, "for security reasons, i will not be taking the last of my things out until my deposit is returned to me." so it sounds to me, from these text messages, that you chose to leave your things there until such time as he was gonna pay you $100, which he was really clear in here he was not gonna pay you. you call him a [bleep] you say, "i'm still a resident. the law's on my side." i love how, you know, certain tenants who sometimes don't always play by the rules are always really well-aware of how

hard it is to evict somebody. >> well, since it was a verbal agreement from the start and i didn't really have any paper trail saying that he really owed me $100, to protect myself from him just deciding to keep this, i decided i would maybe just leave some of my things so maybe that would speed up the process -- "okay, just get out of here, take the $100." >> judge larry: well, i'm gonna wrap up what i need to know in order to decide this case. when i read your complaint, sir, i understood it to be $2,600 for missing property. >> right, that's all this is about -- the property damage. >> judge larry: no, now you've told us you've got the property but it's damaged. prove to us what the damages are. >> i have photos right here, your honor. >> judge larry: please. >> most of these are how i found my property when i came to his house. >> judge larry: have you gotten repair estimates for the property? >> i haven't been able to afford repairs on the most important thing -- my telescope. >> judge larry: that's not what i asked you. >> no, i have not. >> judge larry: so, as you stand here right now, you've got absolutely no proof about what the repairs are going to cost to

fix your property. >> judge patricia: sir, you left the items there all because you wanted your $100 back. so, in truth, it seems to me... >> that's not entirely true. >> judge patricia: ...that's the value you placed on the things you left there -- that you took out the other stuff and the value that you placed was $100 on the items that you left. thank you. >> sonia: this courtroom is now in recess. >> announcer: "hot bench" continues in a moment. >> i mean, he's not a bad guy. when he started texting me and harassing me, i was done with it. >> judge tanya: let's see the harassing texts if you have them. >> judge patricia: wait -- you have proof of your own harassment? [ laughter ]

>> announcer: closed caption is provided by...

ring ring!... progresso! it's ok that your soup tastes like my homemade. it's our slow simmered vegetables and tender white meat chicken. apology accepted. i'm watching you soup people. make it progresso or make it yourself >> announcer: three judges. three opinions. one verdict. "hot bench." kyle rieman claims former roommate mark gunner owes for his security deposit and personal property. the judges will now deliberate. >> judge larry: youth. >> judge patricia: we've had everything today. >> judge larry: youth. youth and stupidity. >> judge patricia: you know, i mean, to me, i think they agreed there was $100 security. that's the value this kid placed on whatever he left there. he took out everything else. i'm perfectly comfortable giving him either $100 or nothing -- either giving him his security back or nothing. >> judge tanya: i'm feeling nothing. >> judge patricia: okay. >> judge larry: and i'm ready to vote on it. >> judge patricia: i'm fine with that.

ready? >> judge larry: i'm ready. >> judge tanya: mr. rieman, on a serious note, the notion that you would send these sorts of inflammatory texts, where he's really inviting you to get your stuff, and you just want to keep inflaming the situation, you just want to keep insulting him so you can get your $100, it just isn't working. don't say anything. you're not gonna help yourself. you know where this is going. >> there is something i'd like to say. >> judge tanya: you know what? try to go home, learn some manners, and try to be a little more respectful of people who are doing you a favor. your complaint's dismissed. thank you. [ applause ] >> sonia: the courtroom is now in recess. >> he was just always making me feel uncomfortable at my own house. >> the kyle that i knew is not the kyle that moved in. >> i'm just really disappointed in their decision. >> his friends knock on the front door and then just barge in like they live there. they stay there for days at a time and wonders why i get upset.

>> i'm not sure what i did wrong. >> the one that does the favor always seems to get it in the end, you know? >> announcer: and now the next case. >> sonia: case number 149 on calendar -- caldwell vs. sheehy. please step forward. >> announcer: 23-year-old tyler caldwell is suing former friend thomas aidan sheehy for the return of a skateboard that was left at his house. >> judge tanya: mr. caldwell, what you tell us in your complaint is that steve... is that steve? >> yeah, that's my best friend, steve. >> judge tanya: ...took the skateboard from your house, rode it over to the defendant's house, and left it there. you claim he's got your skateboard. >> he claimed he didn't know where it was at. >> judge tanya: do you have a picture of it? >> the skateboard? yeah. >> judge tanya: yeah, i'd like to see it. >> sonia: thank you. >> mm-hmm. >> judge tanya: so, do you have the skateboard? >> no, i don't. >> judge tanya: mr. caldwell also said that you told him that, after you claimed it was stolen, you said you'd pay it back, but then you later told him that you needed to buy yourself a car first.

>> yeah, i morally felt bad 'cause, i mean, it was at my house, but that doesn't make me obligated to pay him back. it doesn't make me liable for his skateboard. >> judge tanya: so you were just offering to pay him back because you're a good guy. >> yeah, i felt bad. i mean, he's not a bad guy. but when he started texting me and harassing me, i mean, i was done with it. >> judge tanya: let's see the harassing texts, if you have them. >> judge patricia: wait -- you have proof of your own harassment? [ laughter ] so let me ask you a couple of questions. >> i have proof of him agreeing. that's what i have proof to. >> judge patricia: all right. just a second. he went to aidan's house with it? >> yeah. >> judge patricia: you knew he was going there? >> yeah. >> judge patricia: steve, you want to step up a second, tell us your last name, please? >> nasabal. >> judge patricia: okay, i'm just gonna stick with steve with that one. [ laughter ] i was expecting something easier. so, steve, you borrowed the skateboard, and you went to aidan's house. is that correct? >> yes, correct. >> judge patricia: and then you left it at aidan's house. >> yes, correct. >> judge patricia: why did you leave it there? >> before i left, just like everything else, i have a tendency of forgetting stuff behind me. and i told him don't let me forget -- >> judge patricia: really? >> yeah, on the way here, i left

my cellphone in the taxi car. >> judge patricia: well, we'll see you in a couple months with that case. okay, so, now -- >> and before i left, i told him, "remind me if you can -- don't leave my skateboard here." >> judge patricia: but where did you live in relation to aidan's house? >> right across the street from him. but i wasn't going directly home, 'cause if i was, wouldn't i just take my skateboard and ride back home? >> judge patricia: well, would you? i don't know, because i really don't you other than what you're telling me about you, which is you forget things. okay, so, now, you take the skateboard. you leave it at his house. you ask him to remind you. well, he's not your keeper, right? >> mm-hmm. >> judge patricia: yes, he's your keeper? >> no, i was agreeing with you. >> judge patricia: all right. so you ask him to remind you. he doesn't remind you. now you -- mr. forgetful, apparently -- wait for your friend to pick you up. do you ever tell aidan that you're leaving it in the garage there? >> no, it was up in his house the whole time. i never placed any skateboard in no garage. >> judge patricia: maybe his mother doesn't like skateboards in the house. did you ever think of that? okay, so, you bring it upstairs. and then you call him and you say what happens to the

skateboard. did you tell him anything? >> no, i hang out with him the next day, and then he asked about his skateboard, and i'm like, "oh, yeah, let me call aidan 'cause that's where i left it." so i ended up trying to call him, and he's like, "oh, come over, and we'll get your skateboard." >> judge patricia: okay. >> i went over there and go into his room, and he's like, "oh, well, maybe it's down in the garage. my mom probably placed it down there -- someone did." >> judge patricia: so your position is he is keeping this skateboard hidden so he can never use it, because you guys are gonna see him riding around on the skateboard? is that your position? all right, lar. >> judge larry: mom, you're the thief. come on up. [ laughter ] you ride a longboard? >> no, i do not, and neither does he. he's never ridden a skateboard. >> judge larry: all right, aidan, you didn't ask steve to leave it in your house, did you? >> no, i didn't. >> judge larry: okay, now, i'm going to ask whether or not you wrote this text message to tyler, the plaintiff in this case. you're claiming in your text message, "you are a priority, but not my first -- my car is first. i know i need to get you a

longboard. i think about it all the time." [ laughter ] you know, i'm gonna save you some embarrassment, young man... >> please. >> judge larry: ...and not read the remaining parts. my question to you, really, is very simple, and maybe i should ask your mother this -- why would your boy assume the responsibility of paying for this skateboard if he didn't have something to do with its disappearance? >> announcer: "hot bench" continues in a moment. >> why we're standing behind the podium that says "defendant," i do not know. >> judge tanya: i think that our plaintiff is a little bit of a bully. (ingrid) i take pride in getting things done.

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the skateboard is and he's not responsible. >> judge larry: so, why would your boy assume the responsibility of paying for this skateboard if he didn't have something to do with its disappearance? >> honestly, i think because i raised him right. >> judge larry: good answer. good answer. >> honestly. you know what? he's got a good heart. he feels bad. i mean, it was on our property, but the negligence -- it's not on -- why we're standing behind the podium that says "defendant," i do not know. >> judge larry: so, let me try you, aidan. why'd you write the text? >> exactly that. i felt bad. it was out of goodwill. like i said, i'm not liable. >> judge patricia: let me ask you -- he says he left it in your room. >> no, i didn't -- i told him to put it in the garage. >> judge patricia: okay, does the garage stay locked or unlocked? >> it stays open -- unlocked. >> judge patricia: what else did you have in the garage, aidan? >> boxes. >> judge patricia: nothing else? you just have boxes and a skateboard? >> a mini fridge -- i mean, what else -- there's nothing left. >> judge patricia: unh-unh. you're asking me? i'm asking you. [ laughter ] >> judge larry: all right, so, here's how i see it. steve, the real issue is, are you going to skate or not in this case? so, we're gonna go talk about that.

>> judge tanya: he could not resist. [ laughs ] >> judge patricia: that was great. >> sonia: this courtroom is in recess. >> judge larry: okay, don't make fun of my corny joke. >> judge patricia: i loved it. i wish i would have thought of it. >> judge tanya: you know what? our defendant in this case in particular is clearly too young and naive to know that a goodwill gesture can be used against you in court. [ chuckles ] >> judge patricia: i don't know if i think he's as naive as you think he is, to be honest with you. he's talking as though he's accepting responsibility in a way that makes him liable, not just like, "i want to help you out, man. i'm gonna give it to you." he goes, "i know i owe you that skateboard, man, but i'm using every dollar to my name for this car." >> judge larry: i believe his mother. his mother said, "i raised him right." that's why he did it. he felt bad. you know what? the real culprit... >> all: is steve! >> judge tanya: well, and not only that -- >> judge patricia: steve, who brings it into the house. i don't believe that at all. >> judge tanya: i just want to throw another point out there. i think that our plaintiff is a little bit of a bully. i mean, i'm reading some of

these e-mails. he's saying, "it's not a good idea to ignore me." i think that this kid may have been -- it's not before us -- i think he may have been bullied into taking responsibility for something that really isn't his fault, frankly. >> judge larry: ready to vote? >> judge patricia: yeah. >> announcer: "hot bench" continues in a moment. closed caption is provided by... i wish my allergies would let me take you home. the power of allegra relieves your toughest indoor and outdoor symptoms fast and stays strong for 24 hours. stop suffering. start living. it gives you options based on your budget -- it's a piece of cake. i was told there would be cake. get a free quote at progressive.com. >> announcer: three judges. three opinions. one verdict. "hot bench." introducing band-aid brand comfort sheer bandages. our most stretchable sheer bandage ever. they're 50% more stretchable, so they fit snug to protect even tough spots from dirt and germs. 'cause band-aid stretches with me! band-aid brand. we've got all your wound care needs covered.

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whoo! mmm! ♪ ♪ oh, yeah [ male announcer ] discover your new orleans. start exploring at followyournola.com. >> announcer: tyler caldwell has accused former friend aidan sheehy of owing for the return of a skateboard. the judges have returned from deliberation and are ready to rule. >> judge larry: all right. quite frankly, tyler, you should be looking at steve. he shouldn't be the one skating on this case. he's the one responsible, not aidan. judgment in favor of the defendant. the plaintiff's complaint is dismissed. thank you, folks. >> sonia: this courtroom is now in recess. >> announcer: "hot bench" continues in a moment.

and on the next "hot bench"... >> i think it got pawned off or something. >> you know, he told me he was coming to civil court, i brushed it off, and here we are. >> this is about the principle of the fact rather than the money. >> hey, he's not a bad guy. if we could be friends, that's cool. >> i guess everyone's cool. >> i mean, i don't have any >> i guess everyone's cool. >> i mean, i don't have any problems -- i won the case. -- captions by vitac -- www.vitac.com captions paid for by cbs television distribution

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