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Well, well.
If that isn't an altacumulus undulatus that I see.
Aaron. I'm referring to the clouds currently visible from your office
Aaron, we have got to discuss whether or not you want to proceed to trial.
Of course I want to proceed to trial.
I was defrauded by these people.
There's a settlement offer on the table.
Ann, I want to be a television weatherman.
I devoted myself to the study of meteorology.
I'm possessed of the expertise. I had the job. I want the job back.
Understand, though, that even if we prove that the station dealt with you in
faith, all we can get is money. We can't compel them to rehire you. If we win,
and I have every faith that we will, it may be too expensive for them not to
rehire me.
Oh, I'm sorry.
I've put Manny Hellman's file in my briefcase by mistake. I thought you
want to look at it. You were expecting precipitation?
Yeah, they said so on the 11 o 'clock news. Stuart, thanks for the file.
Did you happen to check the barometric pressure?
No, actually, I didn't. The dew point?
No. Either of those indicators would have told you all you needed to know.
There was no lower atmosphere depression.
The air mass currently over Los Angeles is completely stable.
Where exactly was the precipitation going to come from?
I don't know. I just listened to the weather report. Aaron, we've really got
get going. He just listened to the weather report. See, that's what most
do. They just listen to the weather report. They don't analyze the data.
don't corroborate the data by an empirical examination of atmospheric
conditions. They don't stick their heads out the window. Aaron, we've got to go
to court. Okay. Nice to have met you. Yes, nice to have met you.
It never fails. You carry an umbrella, and it doesn't rain. You were expecting
precipitation? Aaron, I've got to go.
Okay.
Boss versus KTLW and Kelsey. We represent Aaron Boss. He's suing the
of KTLW for dismissing him as their on -air weatherman. What was the cause of
action? Fraud. He claims that when they hired him, they said they wanted a real
weatherman. Then they fired him and brought in a stand -up comedian.
No chance of settling this one, is there? I brought him the settlement
turned it down. All right.
Aguilar versus Larrabee. I've got a settlement conference rescheduled. If
doesn't do it, we go to trial. Wait a minute. Why would we go to trial over a
,700 debt? That's how much our client is owed. Wait a minute. Why are we even
talking about going to trial over $2 ,700?
Because we can't impose a settlement on a client, Douglas. That's what she's
supposed to do. Not take the case to begin with, how about?
Or take the case.
But let him know from the onset that you're not going to court over an
insignificant amount of money. Did it ever occur to you that it might not be
insignificant to our client? It's insignificant in terms of how much
will generate.
Consider it pro bono, Douglas.
We've got the case. Let it go at that.
If it's all right, I'd like to follow this one. You're welcome to. Great.
else? I mean, I think we should try and take as much of a loss in this case as
possible. Yeah, I'm certainly available if you need me, Daniel. Well, I have an
idea. Why don't I just write a personal check for the full amount and be done
with it? My client wouldn't take it, that's why.
I see.
Okay. Move along, Douglas. I need to say something else.
Every morning on my way to work, I drive past a lumber yard.
I see all these Latino men standing around, chomping at the bit to go to
while back, I wanted to have my yard cleared out. I hired this one guy who I
on that corner every morning to do it.
I got to like him. I got to trust him.
When he told me what happened to him, I offered to represent him.
$2 ,700 might seem like nothing to us, but to this man it means the difference
between being able to feed his family and seeing them starve.
I intend to see to it that he gets what he's owed.
Shine versus Shine.
That's mine.
Mitchell Shine is an agent whose wife is divorcing him. The only issue is money.
Well, that makes it simple, Arnie, doesn't it? Why would that make it
Community property?
Lit it down the middle? When they hire me, Melina, it's never simple.
And even if it were, he'd never let them know that.
See, that's what I call smart lawyering.
Okay, we've prepared a cashier's check for $1 ,350.
You owe me $2 ,700.
I don't owe you anything.
I'm willing to pay you something. He's actually willing to pay you quite a bit.
Just to put this thing to rest.
No. Does he understand what's going on here? He understands perfectly.
I'm not sure that he does.
Let me spell this out for you, Mr. Aguilar.
I am an attorney.
Mr. Greenhut here works in my law firm. I pay him a salary whether he handles
his case or not. In other words, it doesn't cost me a thing to litigate
You, on the other hand, lose money every day you spend sitting in a courtroom.
Not to mention the $13 .50 you could have right now.
I give you fair price my work. That's all I want.
Not much of a business man, is he? Maybe not.
On the other hand, maybe he just doesn't like your condescending tone of voice.
I wasn't condescending, counselor.
First you cheat him, then you talk down to him?
You don't have a whole lot of goodwill to trade on in this room, Mr. Larrabee.
find you offensive, Mr. Morales.
Offensive and insulting.
And I don't believe you're acting in your client's best interest.
See you in court, my friend.
What are we doing now? Trial step at 2 o 'clock. You want to go get some lunch?
No, gracias. I bring something from home. I'll see you at 2 o 'clock? Bueno.
What? Nothing.
Nothing?
I just think that there was a deal to be made here. If what? I've been a little
more respectful?
Is it really necessary to go on the attack?
The guy is a racist, Gwen.
Is it really that he's racist? Isn't it just that he's a jerk? He's a racist.
I'd like for you to describe for us, if you will, what took place during your
first meeting with Mr. Rex Schaefer. He asked me to do the weather, and I said I
would consider the job if and only if the station were willing to commit
to approaching weather forecasting with some seriousness of purpose. Did he
appear willing to make that commitment?
Yes, he did. Would you tell the court what you did as a result?
I left a teaching position at Cal State. I designed an entire array of graphics
to better explain meteorological phenomenon to a lay public, and I told
family and friends that I had finally found the job that I dreamed about
since I was a little boy. How did it go?
First week, it went very well. There were a number of interesting climatic
events. There was a low -pressure center in the Rockies. There was a cluster of
thunderstorms over the Midwest, and I reported on them, and I reported on the
local area.
And I was 100 % accurate in my forecast.
What happened on the second week?
Everything changed.
I was given these ridiculous new clothes to wear. I was given different colored
eyeglasses. I was given jokes to tell during the weather segment of the news.
And how did you respond?
I went along. I tried to do my best. I tried to maintain as much dignity as the
new clothes and the new glasses and the new jokes would allow.
How was week number three?
There was no week number three.
I came in for work on Monday and Mr. Rex Schaefer told me that I had been
replaced by somebody named Kyle Thunder.
What reason was given, Mr. Voss? I was informed by Mr. Rex Schaefer that I
didn't pop.
Thank you, Mr. Voss. I have no further questions, Your Honor.
Did your contract with the station call for you to be put on the air more than
two weeks?
My conversations with Mel Rexhaver called for more than that. Oh, are you
Mr. Rexhaver agreed to jeopardize the commercial viability of a major market
television station in order to fulfill a childhood fantasy of yours? Objection.
It was a fantasy, Mr. Voss. You don't look like a weatherman. You don't sound
like a weatherman.
Objection, Your Honor. What a weatherman looks like. Mr. Voss. Not Kyle Thunder
or Drizzle McManus or Cloud Stephens. Me.
Aaron Voss.
Do you know what the weather's going to be like on Thursday?
I do.
There is a low -pressure center forming off the coast of Baja that's going to
create a major thunderstorm by Friday morning. Your Honor, I would ask that
witness's response in its entirety be stricken. So ordered. The witness's
response is stricken. The jury will disregard it.
Why? Because your ability to forecast the weather has nothing whatever to do
with this trial. Forgive me, Your Honor, but why?
Miss Kelsey, please advise your client as to both the issues of this trial and
the proper protocol of this courtroom.
Yes, Your Honor. Does Mr. McCafferty have any further questions for this
witness? No, Your Honor. In that case, we'll take our noon recess. Court will
reconvene at 2 p .m.
I see you brought your umbrella.
Did Kyle Funder tell you it was going to rain?
Aaron.
Mr. Aguilar, would you tell us, please, where you first met Andrew Larrabee?
The corner of Peacock Hotel.
I'm looking for work. He drive up and hire me. What did he hire you to do?
He asked me if I could lay bricks. I said, yes, I could do this.
He asked how much it cost to build a patio.
I say I can do it for $2 ,000.
Did he accept that offer?
Yes. Tell us what happens next.
I bought bricks. I showed them to Ms. Larabai.
She said they're okay. I built the patio.
Were you paid?
No. When she saw it finished, Ms. Larabai said, bricks I use too orange.
said, tear down what I do and start over.
What did you say?
I said you have to pay for that.
What price did you give them for the additional work?
Price of bricks, need to pay helper, time to tear down patio, put in new one,
plus the $500 they owe me. I give them price $3 ,200.
And how did Mrs. Larrabee respond?
She said they're going to have a party. She wants it done by end of the month.
Did you finish it by the end of the month? Yes.
What happened at that point?
Mr. Larabie give me $500 and six -pack beer.
I have nothing further.
Had Mrs. Larabie seen all the bricks at the time you claim she approved them?
I have them piled. She see ones on top.
So she hadn't seen them all?
Why didn't she say she needed to see them all?
Wasn't it incumbent upon you as the brick mason to inform her that she did
to see them all?
Weren't you the only one in a position to know that the color wasn't uniform?
Objection. Assuming facts not in evidence.
Sustained. They were bricks, sir. They looked like bricks.
Isn't it the case, Mr. Aguilar, that you had this woman over a barrel?
No. She wasn't privy to the original agreement.
She wasn't happy with the work. She was desperate that the job be finished.
You decided to take advantage of the situation, didn't you? You figured you'd
stick him for more money.
Objection. Counsel is badgering this man. I'm cross -examining him, Your
That's all I'm doing.
That's not all you're doing, Mr. Greenhut. You are badgering him, and I'm
instructing you to stop it.
Objection sustained.
Mr. Aguilar, you testified that Mr. Larrabee paid you $500 when you finished
job.
Is this the check?
Yes. Ask that this be received into evidence and mark defense exhibit one.
So ordered. Is that your signature on the back?
Yeah.
What does the notation on the front of the check read?
Full final payment.
So, in other words, by accepting this check, you agree that $500 was all that
you were owed.
Sir, I take check because I need to make money.
I need to pay rent. I need to buy food. Mr. Aguilar, did Andrew Larrabee ever
say that he would pay you a dime more than the price you initially agreed
No. I have no further questions.
Yes, but I understand you walked away with all the marbles in the McAnally
We did very well in McAnally. Oh, you've got a lawyer that takes no prisoners,
you know that?
Why would you take prisoners?
You gotta feed prisoners.
You know, slouch yourself, Horty. You do remember the woman with the oxygen
tank? Well, let's not get into that right now. She's cross -examining the 78
-year -old woman with such bad emphysema she had an oxygen tank next to the
witness stand.
Well, by the time Horty got down with her, they took her out of the courtroom
a stretcher. She was concealing assets.
That she was.
Hey, if physical infirmities gave us a license to steal, the richest people in
the world would all be crippled. I am very uncomfortable with this discussion.
Can we get back to our matter, please?
Absolutely. The house in Pacific Palisades. So let them split the
Beautiful. The partnership interest in the agency.
What's the matter, Horty? There isn't enough to divide up here? You have to go
after the business, too? Gotta go after everything, Arnie. If I didn't, you'd
take it as a sign of weakness.
Oh, I'm gonna have a problem with this one, you know that?
Let's put the agency interest aside for the time being.
All right.
Let's put it on the side. The house in Martha's Vineyard. He owned it before
they got married. It was his shack before they were married. When we moved
together, you had a cedar hope chest.
That's it?
Now all of a sudden you want a piece of everything?
What have you been doing, Allison, taking greed injections?
I was married to you for 12 years, Mitchell. Right, during which time I was
breadwinner. I know you were the breadwinner. I know you were the world
But I was the one who was desperately unhappy, and I think I should be
compensated for that.
This is the Jonah factor at work, isn't it? Since you brought up the subject of
Jonah, there is one more thing I need from you. Oh, yeah? What's that?
A get.
What's a get?
It's a document that makes the divorce official in the Jewish religion.
What are you, reclaiming your faith, Allison?
That's exactly what I'm doing.
Jonah is a spiritual man. He's a devout Jew, and I intend to share his devotion.
How nice.
And what's this get going to cost me? It's not going to cost you anything.
You just have to come with me to a rabbi and participate in his ceremony.
What, it's going to consume like an entire day?
No, it's not going to consume an entire day.
Can I suggest that we wrap this up for today, and both of us go back and figure
what we need in order to settle? All right, but I'm not letting Allison sign
anything that doesn't represent a full split of all the marital property, and
all means all.
I'm so glad you're here.
Are you okay?
Call me tomorrow morning?
Mitchell.
I'm Mitchell, Allison's husband.
You must be the Baal Shem Tov.
How do you do?
I'm curious.
I wonder what the Talmud says about stealing another man's wife.
Mitchell, don't do this. I met Allison long after the two of you had separated.
We were still married at the time, were we not? She was still my wife, was she
not? Yes, she was. Tony, you don't have to listen to this. I wonder what the big
man's going to say, huh? Mitchell, come on. I don't know what the big man's
going to say.
I know that we all have to answer for what we do.
That's right, my friend. And he's not going to cut you any slack because
wearing a yarmulke. Mr. Shine, if I were in your position, I'd feel everything
that you're feeling right now.
I know that my presence here is hurtful to you.
I came because Allison asked me to.
And I'm not going to apologize for that.
I need all the emotional support I can get. Can we go, folks? It was nice to
have met you.
Mrs. Larrabee.
Did Mr.
Aguilar show you the bricks before he built the patio?
He showed me some of the bricks. He didn't show me all of the bricks.
Did you ask to see all of the bricks?
No, I didn't, but only because I assumed that Mr. Aguilar would be as sensitive
to uniformity and color as I was. I assumed that he was more of an artisan
he was.
What did you say to Mr.
Aguilar when you saw the finished patio?
I said I was unhappy. I said the color of the brick was garish. That rather
evoking the stately, somewhat worn quality, such as you're apt to see in
Virginia or Massachusetts, that this called to mind the worst, most parvenu
sections of New Jersey.
I couldn't live with it. I didn't care what it entailed. I wanted it replaced.
You said that to Mr. Aguilar?
Well, not exactly in those words, obviously.
But I told him that I wanted it done over.
Did he tell you how much that would cost?
Yes, he did.
And did you agree to pay that amount?
What I agreed to was that I would take it up with my husband.
That's all I agreed to. But you did tell him, did you not, to start work?
I asked him to get started because I needed to get it done.
But by telling him to get started, weren't you tacitly agreeing to the
terms Mr. Aguilar presented?
Well, not at all.
I told him that we'd be fair.
Were you fair?
I think we were.
How long was he working at your house?
Six weeks, which, by the way, I endured without complaining. You endured?
Yes, I endured.
It's not easy having workmen at your house six days a week.
Do you know how much Mr. Aguilar's wages ended up being for this job, ma 'am?
All I know is that we made four payments of $500 each.
Would it surprise you to learn that after deducting the cost of materials
helper, he would be making just under $26 a day for a 10 -hour day that comes
out to $2 .60 an hour?
Well, I never really thought about what his hourly wage was.
I'm sure you didn't.
God, I can't believe I'm being put through this. You know, Andrew, it isn't
worth it. It just isn't worth it.
What's your occupation, Mr. Thunder? I'm the guy who tells you whether or not
you can afford to let your smile be your umbrella.
I'm the weatherman at KTLW.
And, by the way, is today a beautiful day or what?
Would you tell the court how you came to be the weatherman on KTLW?
I was appearing at the comedy store right here in West Hollywood, and one
Mel Rexhaver approached me and asked me to screen test. When he saw the results,
he offered me the job.
And what was your response?
My response was yes, as in definitely, as in where do I sign?
Were you able to start immediately?
Actually, no. No, I was booked on a cruise ship, and we couldn't get out of
so we agreed that I would start as soon as I got back.
To the best of your knowledge, who did Mr. Rex Schaefer hire in the interim?
I guess he hired Mr. Voss. What did Mr. Rex Schaefer indicate to you were the
requirements for a weatherman?
Timing, personality, the right look.
You know, that certain bubbing.
Did you know anything about meteorology?
I know that if you see a guy named Noah with a tape measure and a skill saw, a
pretty good chance it's going to rain.
This is the way he does his weather reports. That's enough, Mr. Vosch. Uh,
Thunder, did you have any science background of any kind?
I have no science background.
Did Mr. Ruckshaver ever express any concern about that?
No, we didn't. I told him I was a quick study. I told him that I would pick up
the ins and outs of forecasting as we went along, and that seemed to satisfy
just fine. Have you managed to do that? Mr. Voss, I've been at it for a year.
You must have it down pat by now. Mr. Voss, that's enough.
Wow, are we bitter.
Tell us, was Kyle Thunder your name at the time that Mr. Rexhaver first
approached you?
No. What was your name? Bobby Rappaport.
So, Kyle Thunder was, in effect, a creation of Mr. Rexhaver, wasn't he? No,
wasn't. Mr. Rexhaver and I sat down together in a room and came up with who
Thunder would be.
When was it that the two of you did that?
Right before I went on the cruise.
In other words, before Aaron Voss was ever approached to do the weather, you
Mel Rexhaver had already worked out who the weatherman would be.
You know, I never wanted to get dragged into this, okay? I have nothing against
Mr. Voss. I bring my own brand of high energy and happiness to a world that's
woefully in need of both.
I make people laugh.
What is wrong with that?
What's wrong is you're not supposed to make people laugh. Weather isn't funny.
Weather is serious. Mr. Voss, I'm going to hold you in contempt if you can't
manage to control yourself.
Your Honor, I have no further questions.
You may step down.
Aaron, the sunny side of the street.
Life can be so sweet on the sunny side of the street.
It's never painless, Mitchell.
It's never painless.
I have to tell you that legally she can claim a piece of his agency share as a
marital asset.
Which doesn't mean I've agreed to give it to her.
Just means we've got a problem.
A potential problem.
Now, we could all tell her what we think it's worth, make her an offer.
Maybe she'll accept it. But the likelihood is that she won't.
In which case, you want to examine our books and make her own appraisal of what
Mitchell's shares are worth.
Evan's been through this.
Did your wife ever ask to see the books?
Oh, yes, she did.
Fortunately, I had leverage.
What kind of leverage?
I threatened to sue for custody of the children.
Given that she'd just come out of the Betty Ford Center, she had a little
exposure on that flank.
Wow. Well, Dordam, just to keep the agency out of it, I just can't guarantee
that we'll be successful.
Permit me to share an anecdote with you, Mitchell.
Some years ago, there was a very significant agency.
And at that agency, there was a very significant young agent.
He was bringing in lots of commissions.
He was attracting a lot of attention.
He was showing every indication of being a major player in the industry. Then he
got divorced.
He allowed that to intrude on his work.
He allowed his wife access to areas of the business that by their very nature
require confidentiality.
Depositions were conducted.
Bank records were examined.
Clients... felt compromised.
They felt ill -used.
They felt the agent could have handled it in a better way than he did.
As a result, a great many of the clients left them.
Momentum was lost.
Perception was lost.
That young agent never became major, and he's no longer young.
He is now working in an office in Van Nuys.
And all the people that he represents are below the line.
Think about it.
You did hire Aaron Voss, did you not?
Yes, I did. What were you thinking at the time?
I needed a weatherman, and I thought going in a somewhat offbeat direction
actually work.
Mr. Rex Shaper, would you tell us why it is that you fired him?
Because it became obvious that I had made a mistake.
His physical appearance wasn't right. His delivery was stiff.
He lacked communication skills.
The fact that he knows about weather doesn't make him a weatherman. TV needs
personalities, and whatever else Aaron Voss might be, he ain't that. I made a
mistake when I hired him, and as soon as I recognized it as such, I took steps
to correct it. I have nothing further.
You said that Aaron Voss lacked communication skills. What exactly does
mean? It's an intangible quality. It's very hard to describe.
Did you ever encounter any difficulty understanding him yourself? The issue
isn't whether or not he was coherent.
It's whether or not he was right for my newscast.
I thought that going with a weatherman who actually understood what he was
talking about would make an interesting departure.
I was wrong. Come on, Mr. Rechhaver. You knew who you wanted for your weatherman
before you ever even approached Aaron Voss. You wanted Kyle Thunder. That's
true. You needed somebody to fill the spot until Kyle Thunder became
You found someone desperate for the job. Someone who could be summarily
dismissed just as soon as it became convenient for you to... Objection. Mr.
Thane, plaintiff's counsel will refrain from making speeches.
Look. I run a television show. I got all kinds of people wanting all kinds of
things. I got a 60 -year -old guy with a bad rug that wants to keep doing the
news till he's 90. I got a secretary that wants to be a producer, a producer
wants to be a director, a director who wants to be Francis Ford Coppola, and I,
I want to go to Palm Springs and sit on my ass for the next two years.
This guy wants to be a weatherman.
I gave him a shot. That's more than anyone else would have done. And now you
can't understand why it is he's not grateful, right?
That's right.
I have nothing further for this witness.
All right, here's what we're offering. Half the sale of the proceeds from the
sale of the house in Pacific Palisades, half the savings, half the stock
portfolio. She keeps her jewelry.
We value her share of Martha's Vineyard at $100 ,000.
And? And she gets a Jewish divorce.
And what about his share of the agency?
Off the table. How is it off the table? It just is. It's something you don't
get. All right, let me get this straight. On the House and Pacific
the savings account and the stock, what you're offering us is what we're
entitled to by law.
On the House and Martha's Vineyard, what you're offering us is probably 20 % of
what we're entitled to by law. And on the agency's share, what you're offering
us is nothing.
Now, why should we accept an offer like that?
Because we're agreeing to a Jewish divorce.
You're making that part of this negotiation?
Yes, I am.
Does that offend you?
It offends me.
The fact remains, no one can force a husband to give his wife a get, and
according to Jewish law, she can't marry without one. That shouldn't enter into
this discussion, Arnie. It's not a financial issue.
Leverage is leverage, my dear.
Allison, at this point, I think we should pack up our things and leave. No
in the state would allow him to deny you a piece of his interest in the agency.
No court in the state is going to grant her a Jewish divorce.
I'm not going to let him use that against her.
I'm going to let him. Allison, I'm not going to drag this out. I love Jonah,
I want to marry him. And however much I feel entitled to the things we're asking
for, I'm not going to let them stand in the way. Allison, this is a colossally
bad deal.
You can't understand what I see in him, can you, Mitchell?
Well, I never quite pictured you with a guy that drives a Taurus.
But other than that, he seems like a nice guy.
I accept your offer.
I expect to see you in the rabbi's office tomorrow morning at ten.
I'll be there.
You should be ashamed of yourself.
Like Robert Duvall said, Arnie, I love the smell of napalm in the morning.
This case asks a very simple question.
At what point do we hold someone accountable for lying?
There can be little doubt that Mel Rexhafer lied.
As a result, Aaron Voss changed his life, only to find himself unemployed
humiliated some scant two weeks later.
Now, if the defendant hadn't lied, none of that would have happened.
If he had told the truth, he would have said that he didn't want a real
weatherman for the job. He would have said that he wanted a stand -up
He would have said not only that he wanted a stand -up comedian, but that
already taken steps toward getting one.
He would have told Mr. Voss that the job would never be his, that the best he
could hope for would be to fill in temporarily until someone handsome and
someone who popped, came along.
He would have told him that, and then Aaron Voss would have acted accordingly.
But he didn't do that.
As a result, Aaron Voss was lied to.
He was used.
And in the end, he was dismissed.
At what point do we hold someone accountable for lying?
At the point that someone else is hurt.
Accordingly, I ask you to award Aaron Voss the sum of $1 million.
One thing I'm sure of after sitting through this trial, I wouldn't want Mel
Reckchafer's job.
I wouldn't want to have to be in a position to guarantee that every
made... was a right decision.
I wouldn't want to have to think that once I hired someone, I was foreclosed
from firing them.
I wouldn't want to have to factor into the way that I did my job whether or not
someone would be sufficiently disappointed to sue me.
Mel Rexshafer's job is to be a news director for a TV station.
L .A. is a very competitive market. Everybody lives or dies by ratings.
Part of what he does is to experiment.
He tries things.
Sometimes they work, sometimes they don't. The fact that he hired Aaron Voss
signifies that he was willing to take a chance.
In his best judgment, it proved to be a mistake.
Now, that's a subjective call. There are those of us who would differ with it,
but no one can deny that it was his call to make.
Mel Rex Schaefer was well within his rights to fire Aaron Voss. There was no
written agreement to forbid it. There was no guarantee in any way that it
wouldn't happen.
The fact that Aaron Voss was disappointed doesn't allow him to punish
for doing his job.
Did you
advise Mr. Aguilar as to your
wife's involvement with the job?
Yes, I did, and I was as clear as I could be.
on the subject of his getting her approval.
The fact that he didn't do that was nobody's fault but his own. Did he ever
indicate to you that the monetary terms of your agreement weren't acceptable to
him? No, he did not.
Did you ever have a discussion with him regarding payment for additional work?
There's nothing to discuss.
I did exactly what I said I would do.
I paid him what I owed him.
I have nothing further.
How is the patio you ended up with, Mr. Larrabee? Is it satisfactory?
It's just fine.
You're happy with it?
Your friends come over and sit on it? You have dinner on it once in a while?
Well, as I said, it's just fine.
And according to you, the fact that it took six weeks to build rather than two
weeks should have no bearing on the cost.
It wasn't my fault that it took six weeks.
Is it common practice in the building industry for a client to examine each
every brick prior to giving their approval?
I don't know whether it is or it isn't. You did know that brick color was an
issue of enormous importance to your wife, though, didn't you? Yes, I did,
told that to Mr. Aguilar.
Did your wife ever communicate to you how much Mr. Aguilar expected to be
To be honest, I really don't remember.
Now, if she said something about somebody wanting more money, it's
possible that I didn't hear it. She sometimes says that I'm selectively
And does she ever say that you're selectively dishonest?
No, she does not.
In other words, you didn't stiff Mr. Aguilar because he stands on a street
corner. You stiffed him because it's what you do.
Objection! Larry!
Sit down.
I want to answer this question.
I go down to that street corner for two reasons. One is I've had my fill of high
-priced contractors, and two, I want to put people to work.
Your people.
I will not sit here and be abused by you because I do that.
And who exactly are my people?
I am a fifth -generation Californian, Mr. Morales, and my family has always
out of its way to help the poor and the underprivileged.
I go down to Pico and Sautel, and I hire Mexican workers.
I have them in my house. I have them in my yard.
But there's one thing I won't do.
I will not let them take advantage of me.
I have nothing further for this witness.
You may step down, Mr. Larrabee.
That guy's in there writing the whole thing with a quill pen.
You know, I've been thinking, we may be missing a big opportunity here. What do
you mean?
When we leaned on her vis -a -vis the agency share, she folded like a deck
chair, so I would participate in this ceremony.
Why are we not seeking to better our end of the deal yet again? Mitchell, the
deal is already in place. The structure of the deal is in place. The specifics
of the deal remain, I think, somewhat fluid.
What are you doing, Mitchell?
I think we need to find out just what a Jewish divorce is worth to her. She's
already agreed to everything you've asked for. Which is exactly when the
negotiating begins.
Look, driving a hard bargain is one thing. Going back on your word is
else. Again, I've never done it before. I'm not going to do it now. Hey, hey,
hey, hey. Relax.
The meter's running.
All you got to do is just sit there.
Will the husband and wife who seek to part please draw near?
Moshe Ben Avram, Aviva Baschana. The sofa has prepared the get the witnesses
have signed.
Moshe Ben Avram, you give this get of your own free will?
Rabbi, Rabbi, Rabbi.
You know, I really don't.
You son of a bitch.
What is it that burdens you, Moshe Ben Avram?
It's a lot of things.
Like what?
Like feeling abandoned, Aviva Badkhana.
Like feeling betrayed.
Like feeling another man comes along, you turn your back on me. What is that?
You drove me away, Mitchell.
How? By working too hard? Mitchell. Excuse me for providing you with a
home. Excuse me for buying you a Mercedes 500 SL.
Did you not want me to do that?
Sorry. I must have been mistaken.
What do you want, Mitchell?
The house. The house? That's right.
I can't believe you want the house.
Woody, I knew nothing about this, I promise you.
Withholding a gift for a material gate is a shanda. You know this.
It's a shanda. I can live with it being a shanda. Permit me to tell you a story.
There were two brothers.
One day a stranger offered them food.
Before the younger one could eat, the older one took his food away from him
ate both portions.
Uh -huh.
The story doesn't have a happy ending, Moshe.
Tafasta marubah lo tafasta.
Rabbi. If you grab too much, you'll wind up with nothing.
Rabbi, with all due respect, spare me the mumbo -jumbo. You work your side of
the street, I'll work mine.
You want the house, Mitchell? Yes, sweetheart, I want the house. You want
house? You can have the house.
Viva Baskana. You should not be coerced like this. Mitchell doesn't care about
the Almighty, Rabbi. I pity you, Mitchell. If you want the house, you can
it.
Sounds to me like we've got a deal.
Come on, Rabbi, let's do it.
Please, remove all jewelry from your hands, and you'll repeat after me,
This be your get.
This be your get. And with it, be you divorced.
And with it, be you divorced. From this time forth.
From this time forth.
Mr. Aguilar's mistake in all of this, Your Honor, wasn't one of workmanship or
business acumen.
It was in assuming that when Miss Larrabee said his compensation would be
She meant paying him a wage commensured with the additional work she was asking
him to do. He didn't realize that in the Larrabee's world, fairness is an
adjustable concept, that it fluctuates based on a person's skin color, his
nationality, and his degree of powerlessness.
He didn't realize he was bargaining with people who believe the haves should
have, and the have -nots are lucky to get anything.
He didn't understand that part of the deal was he be passive and
grateful even.
that his very presence was endured.
This is a case, Your Honor, of quantum merit.
When Ms. Larrabee asked Mr. Aguilar to relay the patio, his original contract
with Mr. Larrabee became invalid.
Without a contract, his compensation should be based on the value of his
$2 ,700 for four extra weeks' labor.
That's why we're here, Your Honor. To ask you to tell the Larrabies to hold up
their end of the bargain and be fair.
Pay this man what they owe him.
This is not a civil rights case, Your Honor. It is a contract dispute, pure
simple. Mr. Aguilar was hired to build a patio to the Larrabee specifications
and satisfaction.
Mr. Aguilar said that he could accomplish that in two weeks, and the
agreed to a price.
That it ultimately took Mr. Aguilar three times longer to complete the patio
my client's satisfaction is unfortunate for both parties.
It does not, however, represent a breach of contract on the part of my client.
Mrs. Larrabee did not change her mind about the patio. She simply insisted
it be done as originally agreed.
We ask this court to uphold the basic tenets of contract law and fine for the
defendants.
The issues in this case seem clear -cut to me, so I'm going to render my
decision now.
Well, I admire your passion and sympathize with your concerns, Mr.
I believe that Mr. Greenhut is right in saying that legally what we have here is
a simple contract dispute, notwithstanding the ethnic prejudice of
and notwithstanding my revulsion at hearing that expressed.
I find there was a pre -existing contract between Mr. Aguilar and Mr.
and that Mrs. Larrabee's demands did nothing to invalidate or change that.
Consequently, regardless of my personal feeling...
about Mr. Larrabee's conduct legally, I must find for the defendant.
Case dismissed.
Congratulations.
You win?
I'm sorry.
He won't pay me for my work?
We gotta go.
As the jury reached
the verdict.
We have, Your Honor.
What say you?
We find for the plaintiff, Aaron Vaughn.
We award compensatory damages in the sum of $100 ,000 and punitive damages in
the sum of $500 ,000.
The jury is dismissed with the thanks of the court.
We stand adjourned.
Mr. Rex Schaefer. What do you want, Aaron? I have a proposition to make to
and I want you to hear it. Aaron, why don't you and I talk first, and then we
can schedule a conference?
I want to do this now, Ann. What's the proposition?
Keep Kyle as your regular weatherman. On rare occasions when climatic conditions
in Los Angeles are extreme, bring me in. What's extreme?
The highest recorded temperature in September is 108 degrees. If it goes to
I come in. If rainfall exceeds more than three -tenths of an inch in an hour...
I come in. If the barometric pressure drops below 28 inches, I come in. Whoa,
whoa, whoa. In other words, you want to play to a full house.
You come in when the weather leads the news, right? I come in when the full
forces of nature have been unleashed and snappy patter is simply inadequate to
explain to people exactly what's going on. I hate that. I will forego the
judgment in its entirety if you will put me back on the air. Aaron, you're
talking about a lot of money. I don't care about the money, Ann.
Not if I get to be a weatherman again. Let me be as clear and succinct about
this as possible, Aaron.
Let me also say, with all the trouble of scheduling another meeting, there could
be tornadoes in downtown Los Angeles.
There could be complete darkness in the middle of the afternoon, and I still
wouldn't put you on the evening news.
Brandon, Kyle, let's go.
Is Kyle Thunder going to be able to expound on the conditions we can expect
in the next two days? Four to six inches of rainfall, massive flooding,
mudslides, homes washed away. Is he going to have any comprehension of the
magnitude of the storm that's coming?
What storm?
Yeah. Daniel. Yeah.
Francisco's here.
Oh, bring him in.
Francisco.
I have some tremendous news for you. Mrs. Larrabee called me. She felt badly
about what happened today in court.
Why? Why does she feel bad? She win.
She must have discovered she has a conscience.
She sent over your whole $2 ,700.
No. Yeah.
But she says she's not going to tell her husband about it, so don't say
anything, okay?
Okay.
Okay. Thank you. Thank you. Thank you.
Amigo siempre?
Gracias, Morales. Gracias.
Thank you.
So, Mrs. Larrabee felt badly.
Yeah, she did.
You know, you didn't have to give him the money, Daniel.
Mrs. Larrabee gave him the money.
How did you get to be such a good man, Morales?
What are you talking about?
What are you doing for dinner?
As a matter of fact, I'm free.
I'll pick you up at seven.
Hey.
Um, and, uh, since you're out almost three grand, I'm buying.
This is ridiculous.
What the hell is going on out there?
Wow. Arnie, I have to tell you this is absolutely unconscionable. Hey, hey,
nobody put a gun to her head. She could have gone without a Jewish divorce.
She could have taken her chances invoking the wrath of the Almighty.
Enough, Mitchell. Don't make this any worse than it is.
Well, what is it?
Am I not sufficiently humble? Are we offended because I've been heard to mock
the tenets of someone's faith?
Am I in trouble with the man upstairs?
What?
Arnie, turn on the news. Channel 3.
Now, with a live update on some of the havoc the storm is causing here in the
Southland, our weatherman, Kyle Thunder.
Hi, honey, I'm home. What's for dinner? Hey, not much if you live here, folks.
Torrential rains have swept through Los Angeles, causing mucho tie -up on area
freeways and a major headache for Mitchell and Allison Shine, whose home
El Yunque Drive in the ultra -ripsy Pacific Palisades was utterly destroyed
mudslides. Fortunately, theirs was the only home to have suffered major damage.
So far, the crews on the site have recovered a cedar hope chest, and that's
about all.
Kyle Thunder, KTLW News.
Thank you, Kyle. And goodness sakes, get in and out of the rain.
The Southland was also experiencing weather.
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