Judge questions tenant’s credibility, testimony
By all appearances Wayne Reiner’s case against his former landlord was rock solid. But his credibility wasn’t.
“Credibility is an issue in all of these matters,” said Santa Monica Small Claims Judge Pro Tem Hugh Siegman. “The stories you hear are diametrically opposed to each other, so someone isn’t telling the truth.”
Siegman found major inconsistencies in Reiner’s testimony and therefore ruled against him. That’s despite that Reiner produced photographs, letters and a sworn affidavit from a witness supporting his claims.
Reiner took the owners of an apartment complex at 1015 Second Street to court for $5,000. He claimed when he moved into the apartment in November, 2001 the electricity in the kitchen would flip the breaker in his unit’s utility box.
He said the building manager, Sindy Jensen, told him to turn the breaker back on when it happened. He testified that she never called in an electrician to fix the faulty switch.
Then on Jan. 28, 2002, the breaker flipped off. When Reiner went to turn it back on he said he got a shock that threw him to the floor and knocked him unconscious for about 10 seconds.
3FB,“The reason we are here is not because of the money but because I had requested their assistance... and they refused,” Reiner said. “If they are doing this to me they are doing it to other tenants too.”
But Jensen presented a report from a local electrician who was hired to investigate the unit’s electrical wiring after Reiner was allegedly shocked. The electrician found the unit was up to code and the electrical outlets worked properly.
She also told the court that Reiner’s story was rife with inaccuracies. She said when he submitted his application to rent the $1,495-a-month apartment, Reiner had told her he was a UCLA student with a scholarship from Santa Monica and Chrysalis, a charity that helps the homeless find work.
Only after she had rented the unit to Reiner did she find out nobody by Reiner’s name had ever enrolled at UCLA. And not only did local Chrysalis officials write to the court saying they didn’t know Reiner, they used different stationary than what was on Reiner’s scholarship letter.
Also, the only financial aid Reiner was receiving from Santa Monica was Section 8 money, which is awarded to low-income workers to subsidize their housing. Coincidentally, Singer pointed out the city had rescinded Reiner’s Section 8 grant two weeks before he had received the electrical shock.
“It is our belief that he has fabricated this entire story to get out of his lease,” Jensen said. “And I believe when he applied for this apartment he did not reveal he was a Section 8 candidate. We don’t accept Section 8 funds because it requires an annual review process.”
Reiner moved out of his apartment on Feb. 2 and the owners refunded him his $2,990 security deposit, even though he had broken the lease agreement. Typically when tenants break their lease the security deposit is forfeited.
The only bills Reiner was seeking re-imbursement for were moving costs and medical bills. Combined, the costs came to about $300 even though he was asking for $5,000.
“I am deeply disturbed by the Chrysalis letter,” Siegman said. “It gives me severe doubt about your credibility. Then tack on the other discrepancies — though none are nearly as damaging as the letter —and your credibility becomes a major issue.”
Originally published in the Santa Monica Daily Press print edition on June 15, 2002. Read the original PDF.