So Sue Me: A Playful Summer Ends in the Courtroom
We are a litigious society, this much we know. But it’s even worse than we feared. It’s reached even the lowest depths – Creature 2, a 10-year-old girl who has run a fictitious cat-sitting business from her basement all summer, has sued her lone client. I’m afraid it’s that bad.
Here’s the backstory. Creature 2, an incredibly imaginative and dramatic kid (I don’t mean dramatic as in eye-rolling, hands on her hips, OMG I’m going to sigh so loudly until you acknowledge my misery. That will surely follow after the dreaded puberty. Gulp.) But she puts on a lot of plays, holds art and cooking classes, and very early this summer, she opened a cat pet-sitting business. I work in one corner of the basement; she has her art table set up on the opposite side of the large room. She set up her “business” on her side, complete with a play room, conference room, and a crazy maze/tower made of moving and file boxes, into which she cut passages. The cat actually loves the tower of boxes and plays in it when Creature 2 is around, but don’t tell her, it will go straight to her head.
The day after she opened the cat sitting business in late June, she pretended to be a British house and office cleaning lady, but she quickly learned that even pretend clean-up sucks ass. So the cat sitting business opened its doors for Day 2.
She made a schedule for our kitten: play time, nap time, lunch time, the works. She drew up contracts, she sent mail, invoices, and warning letters if I was late picking up the kitten even once. She pretended her business won awards, signed by the mayor and everything. It was serious business, and horribly cute. It was a little annoying at times while I tried to answer emails, proofread documents, or prepare for client calls when she’d call over to my office (did I mention she was on the other side of the room) and ask if I still planned to visit my kitten at 2:30 p.m.
(I repeatedly asked why I had to visit the cat at all since it was, after all, baby sitting. She always found a way to ignore the question and ask if I still intended to visit).
So the incredibly long backstory concludes this way: About a week ago, she draws up this document in which I pledge to clean up after my cat, that “I will not blow off cat sitting when I have an appointment” and that I will not be able to sue cat sitting for any reason.
Sue. A fake business. Did I mention she’s 10?
So of course, if a kid makes me sign a nonsense document that says I’m not going to sue her company, what’s the ONLY thing I can do? Sue her company of course!
I type up a quick lawsuit, leave it on her desk, and watched her go nuts. She emailed all kinds of threats and correctly pointed out that I signed a document that said I would not sue her company.
So I dropped the lawsuit. And then I sued her. For a million bucks. Pain and suffering being what it is and all. (I mean, she put my cat in a box that was 4 feet wide and at least 30 inches tall. Inescapable. And above that box was a sign “Free Kitten’s” which offended me more for the punctuation lapse than anything else. But still there was pain and suffering.)
So what else does she do? She counter sues me. For 5 dollars.
We set up a court date the next morning at 9 a.m. She set her alarm for 8 a.m. so she could shower, get dressed and prepare for her big day. She trash talked me the night before, organized her papers and her entire case by three-hole punching her documents in an “important papers” binder, and planned her outfit for court.
It turns out she woke up at 6 a.m. because “I’m sooo excited for court.” We made her mom be the judge (including wearing her red bathrobe to be official) and convened in the basement court at 9 a.m., despite my change in venue motion (I’m serious).
I show up in court dressed in a dashing brown suit, blue shirt with a power tie, and a relaxed but serious pair of loafers. The site of me wearing anything but shorts and flip flops, a summer staple (okay an absolute since early June) made Creature 2 smile, and then laugh.
Can I tell you that she kicked my ass in court? Despite failing to disclose her exhibits and documents to me, threatening me via email, and admitting that the cat was left in the box unsupervised for up to 2 minutes at a time with a blanket and a bag (on either of which she could have suffocated) the judge tossed my lawsuit. Thankfully, her baseless lawsuit was also dismissed. She admitted in court she was simply seeking a blizzard at Dairy Queen and that she would turn over the remaining $1.05 to me afterwards.
She had her case lined up, argued it well, brought the right exhibits to make her point and even had the bag on hand (opening the cooler that was her seat to produce said evidence). I was a cocky over-priced attorney who intended to clog the system with baseless motions and yelling loudly.
She totallyt kicked my ass. All over the basement of our Indiana home.
An hour after court was adjourned she came over to my desk, shook my hand said “Congratulations on a good case,” then asked me what time I was going to visit my cat that day, and said flat-out she wouldn’t mind if I sued her again. I told her my suit was at the dry cleaner.
So while I’m thrilled that today is the first day of school and that I can return to a peaceful means of executing those things for which my clients pay me, a part of me will be sad that my cell phone won’t be ringing to remind me that I have an appointment to visit my kitten at 2:30 this afternoon. I’ll hope every day brings very little homework so we can spend that time playing whatever game she makes up for us.
But don’t for a second think that I won’t sue her again. I’ll just wear a different tie to court.