Saying One Thing and Doing Another (2023)

Introduction

The plaintiff joined the defendant’s exclusive club because he is trying to create a brand. He says the defendant charged him extra fees, so he’s suing for breach of contract. The defendant argues the plaintiff purchased a lifetime membership. She’s countersuing for time wasted and harassment.

Case #24-112

Video

This is the plaintiff jack amiyote.

He says he joined the defendant's club paid the initiation fee and then she illegally and without permission charged his credit card for additional monies, he's quite upset with the organization or lack of it.

His demands for a refund have fallen on deaf ears and that's why he's suing for five thousand dollars the maximum he's allowed? This is a defendant tonya.

She says the plaintiff sent in an application to be included in their who's who publication and he purchased a lifetime membership.

Then he agreed to be listed as their professional of the year and to be featured on their home page and he paid another 740 bucks soon after he demanded his money back trying to get it from his credit card company who ruled against him, and here they are she's, accused of saying one thing and doing another: the defendant's father countersued for five thousand dollars for time wasted and harassment all parties, please raise your right hands dc to come to order.

Please litigants have been foreign.

Thank you douglas, mr amiot.

You were suing uh.

The defendant's company you've asked us not to mention the company name uh or your last name, tonya's company uh, and that is a a registry of who's who type correct.

Okay for five thousand dollars that you say is owed to you for mental language plus money you paid to them because, according to you, they breached the contract, you're counterclaiming against him, five thousand dollars for harassment and wasting your time.

Let me hear from you first, mr emmyos.

Yes, thank you, your honor um I signed up for the presidential uh package, which was originally 1200.

Tell me how you first heard about the defendant's company um they emailed me, okay and they emailed you saying we have a who's who kind of book, and would you like to be a member and a part of our book? Yes and that okay so and you that would entitle a person to what? How did you pick him anyway, depending we send out invitations to? How do you screen? Who you're you invite anybody? No, we some who's! Who publications? Do we don't, and you have how many members we have approximately 70 thousand and it costs? How much to join it depends on which membership so what's the cheapest membership, uh sixty nine dollars, which is really nice? What's the most expensive membership um a lifetime membership which he chose, which is about 956 dollars, which means he's listed in the book and online.

He gets a user id and password to access other members to network them with them.

He gets a wall plaque of recognition.

He gets us as a personal assistant to send out targeted emails.

So for somebody to get a lifetime or a five-year membership, you know who's reading the who's who's stuff.

Isn't it just all the people who are in the houston, no there's different who's who's and that that's important that people know there's who's who in high school students is who's who, in college students there's who's who in healthcare there's who's who in education? Because I remember being super flattered when I would receive when I received the first who's whose letter and I go- oh man- I made it I'm 18 years old.

They think I'm somebody, then I received the other 4 200 of them right and then my god.

These people just want my money, so correct me, okay, how am I wrong because you know that's kind of like that's kind of like as I've lived a longer life and I can and now my kids are receiving the who's who's and they actually think they're somebody- and I have to spell it out to them that this is a business and etc.

So, when who's, who just so you know it's important, because you know again, there's there's bernie madoff who was a scam in the financial industry and then there's people that aren't okay.

We have integrity.

We do the right thing here.

So that's why? So? What made you want to list your name in the who's who well uh through the process of dna? I discovered that my original family 11th century from normandy, france, the ameons move.

They were the first jewish family to move to london and they were the personal bankers of richard the lionheart and they also contributed more money towards his ransom from austria at the time than any other family, okay and uh.

This is a registered coat of arms.

I couldn't be wearing this or have it.

You know as my on my person if it was not registered, and it was given to me by the college of arms which is in london, an institution that uh gets information from your ancestors and verifies it.

But what made you wanna um put that in the who's who you just felt it was worthy and wanted to, or did you have a goal of networking or business relation? What was your role? I'm trying to create a brand, a brand uh using the code of arms? Okay, and what is the brand that you're trying to create a brand for what um clothing, uh champagne and I'm trying to do it? For the you know, champagne, for the masses, create a six pack charge five dollars a piece.

I like the idea, but go on all right: okay, instead of a whole bottle that people say so when you, when you received an email from them, asking you if you wanted to join who's, who right? Obviously I was flattered, selected and flattered right and um.

Do you have the email do uh? No, I don't do you have the email that you sent folks, I don't have that on me.

Now: okay go ahead and I'm sure it was flattering and then you join and then what's the next pro step, you give them the information that you want to have appear in two places.

One is online and the other one is in a book correct, okay, and so you give them information and what goes wrong.

They wouldn't publish my daughter's names.

They said it would be an extra seven hundred dollars to do that.

Wait, publish your daughter's names.

Why? What did you want to say? Well, my both my daughters, um uh through john hopkins tyler, you search took the sats at age 11.

and they both uh, scored above the average for that for that particular year.

Okay, uh and I thought that would be added.

You know, because people can see that you know whatever I did sort of worked okay, so you wanted to put in there as one of your expertises, that you were able to what you tutored your daughters to get correct high scores at a young age on the s.a.t right.

They were both.

That was a problem why it was a problem because we have a specific format for people to follow, so there's no information about children or spouse.

In that specific format, let me see the contract that he sees before you take his first 1200.

he sees, but what he gets in the mail.

Do you want is his biographical profile.

I guess before I pay you 1200 right, you've told me: we have a specific format, and this is all you can tell us for 1200 right.

The information is verbally told of what they're getting as a member they're told they're going to get a rough draft.

Is there anything in writing that a client gets before? He pays you the first 1200, and then it goes into them, nope, just right, qvc, okay! So, according to you, they tell you.

If you pay us another 700, you can put in that your daughters took the sat at 11.

right, which I said a lot more than just that um I I would be glad to look at it.

That's what I said.

Okay, the final thing, and then this is what they sent back.

Okay, let me see this is like, and what is your complaint about this? The whole thing? Okay, I mean they wouldn't even put down esquire, and you know with my name.

Oh, why would they pick them that I did call up the college of arms in london? Personally, I spoke to paul um simon, and he told me that uh that you're getting that title, because anyone that is in service to the crown is it called an esquire ex squire.

So esquire came along so you have that title of esquire, and you know that in this country the term esquire means you went to law school for three years yeah.

I know that's this, that's what they said.

Well, that's across the pond, sir.

He says here I know, but you live across the pond.

I know hearing and then I said to him: can I use that he says you can use it worldwide, he's not the authority on that.

The law doesn't allow you to impersonate a lawyer.

Well, I'm not impersonating a lawyer, I'm not well! You can't I'm in service put esquire behind your name unless you're, actually a lawyer which you had told them, you weren't.

So how could you be mad at them that they won't allow you to impersonate, because I explained to them that in london I heard england okay, but that that's not something that you're right to be mad at them for well, you can't put doctor either this book is this book is worldwide, so it just isn't limited to the united states if it was limited to the united states.

I would say fine show me that what you said about some that you have the authority to call yourself esquire.

Do you have that in any paper there? Well, let me ask you a question.

You think he's unreasonable.

You think he's crazy, yes and I'll.

Tell you why, if I can and I'll be very brief, you asked if we just include anybody and anything if I was the type of company that just included everything and anything we wouldn't have questioned the esq.

As a matter of fact, he had called me an idiot because when he wanted to cancel, he said you're not even including my esq.

I said yes, I said.

Actually I noticed you don't have down under education where your jd is.

I said when I put esq after somebody's name.

That means they received a juris doctrine.

He goes you're an idiot, I don't have a jd, but I have an esq and I said to him: I'm an idiot.

I said where I come from in the states and esq means an attorney, so you're asking me to put down information.

Okay, that doesn't even make sense.

How can you contract with a crazy man? Well, he wasn't crazy.

In the beginning he became crazy.

He made him crazy.

He became crazy at the end with putting in the deceased wife.

You said something about your daughter hasn't spoken to you.

Since this yeah we've.

We sort of like can't be about this yeah.

We are because she actually believes them for some reason that they can that they can make it up.

So I said, listen uh, you know just leave because I have a headache and everything I can't.

I can't take this for right now I mean I'm supposed to be honored, not dishonored um here.

Can I show you something that somebody that really honored me wrote.

You show me that while I ask you a question sure thank you what you're paid to write what he wants you to write.

Why does this write? What he wants you to write? We did in the end.

He got everything he wanted and more.

He spoke to five different people changed his mind.

Excuse me, you don't still have money, you have him up still.

No, he took him down right.

Oh no, he's he's still up on the site, he's still up on the side.

Is he in the book he he's in the book too? It's a book with the improved new and improved version, or that hasn't come out.

Yet no history in the book, with all the business information that he gave us to know on the profile part and he's yesterday the profile part the upgraded membership.

Yes, sir, that's good in the book with that correct.

What's the book, can I see the book yeah just so you see the difference, the regular membership.

What is this um? I went to a um, a ball dressed as the baron of normandy and that person uh he's a an art agent and a critic, and he that's his webpage and he wrote that about me um, my secretary sort of like uh uh, you know pushed images, jack came and came up with that and I actually literally cried a little bit.

You know because I can't even believe I said.

Maybe I'm going to be recognized in you know in in my lifetime, because you're related to albert einstein, matisse, picasso and francois villon now read the next line.

It says he walks in their footsteps.

What did that right? Well, those are great people and I'm one of them.

Welcome back to the people's courthouse 11 here so is being in who's.

Who um awesome or lame? Well, I think people pay to go in there, so they're just kind of promoting themselves kind of lame huh yeah.

What do you think? I think it's pretty lame.

I think it's kind of for like older people that I don't know.

I don't think it's okay, fair enough, sir uh yeah.

It's lame.

I was in one when I was in high school, but didn't do anything.

Did you join it uh? No, I don't know, I think a teacher somebody submitted my name didn't do anything for you not like a nuclear scientist or enough.

No, no, okay, going inside the courtroom.

I just wanted to show you the two different programs I want to see.

Let me see, let me see what a person gets for 1900 bucks yeah.

I mean I said no to that and they put me in the book anyway, all right.

So here's our two versions- yeah, okay, so the so one is a little feature piece and the other one is oh, it's professional of the year it sounds like they got an award, but really they just paid you 700 bucks right.

Oh, it's an award you're in the front of the book, but I can get that award.

If I pay you 700 bucks, no right, no, no, not everyone.

If that was the case all right here, we go.

Let's look back here.

Okay, is he in this book? Not in that edition he's in the he's in the next edition? No, it's in print right now, oh, so you could just pull him out all right.

Thank you very.

Thank you very much.

I'm not sure you can contract with him.

I just I don't know.

I don't know I I um, you know, there's two ways to look at it.

You're right he's not so he can't sign a contract.

Therefore give him his money back or the other way to look at.

It is you're, not nuts.

You want what you want.

You paid a lot of money for, and she didn't give it to you.

So you get your money back.

We gave him everything he wanted now.

You have a counter claim against him for harassment and time wasted.

Can you tell me about that sure he harassed every single person in the editorial department, four different people, he called them names.

He called me an idiot.

He called them names you're, not listening.

He was screaming at them.

Okay, really, and truly I mean he's the one that I feel has serious issues here and I still tried to accommodate him by giving him everything he wanted, because he did pay for his service and I should give him what he wanted, because that's what the real problem is.

Your service is not.

You went in and laid tile.

You know, that's like a finite okay, objective kind of it's up to a court to look at it and say you know you laid tyler, you laid it right.

You should be paid your service.

Is this really different kind of thing? I'm gonna? Let you pay me so that you can honor yourself and that's.

This is how he wants to honor him.

Well, he did a press release and he's up on major search engines and we take him down.

I'm ordering you to return his money.

I don't think he can.

I'm ordering him you'd return his money, two thousand twenty five dollars and thirty five cents was the money I'm ordering it you to return it to him.

Take him off of everything.

As for the rest of your claim against her for mental anguish, no, it's a contracts case as to your claim against him.

I think you just filed that in anger because he made you crazy.

This is part of your business right.

Okay, not every one of your 70 000 clients are doctors.

Okay, these are people who you you don't take advantage of them, but you capitalize on their desire to be great.

So you can't complain when you have one who's difficult.

That's my judgment! Thank you, and can you take me out of that book? Please, whatever addition that it is, I don't I don't want it.

I just agreed to do that.

Okay, all right, so the plaintiff does get something back and come on in here the defendant, the who's who lady uh like this is part of the part of the business.

I guess it's part of the business.

We gave him everything that he wanted and you know that's all you can do had you wind up in court.

I you know what I still came out a winner, because I have integrity and I know what I do was right.

All right head around the corner with officer mcintosh there.

Thank you, okay, come on out here.

What do we call? You count, mr esquire um baron of normandy, baron baron.

What do you think of the outcome? I'm glad that I succeeded and I'm glad that the judge she knew what she was talking about.

Okay, what's it feel like to be a baron walking around in the streets of new york city? Well, uh, how's about this on the q on the q naught line, I told them that I was going to england to the college of arms and deliver the paperwork and uh everything was done for three thousand dollars.

I had an inside cab in this anything and all of a sudden boom.

I was up out of ten thousand dollars gratis to the queen and you know room and uh.

I had a fantastic voyage.

Congratulations! Okay, go sign your documents.

Thank you, harvey okay.

This is real simple.

You cannot get money from mental anguish for a breach of contract lawsuit, even if you really are anguished.

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