(04/13) HOTL Marginal Legal Replay Hour 1

Handel on the Law, Marginal Legal Advice. 

Episode Transcript

(00:00):
Okay, let's do it. Florida. Now you got you have Governor Ron
DeSantis, who is a pretty rightwing You have to you have to admit
that. And one of the thingsthat Florida passed. And do I think
Governor Santis is sort of too farright wing? Yeah? I do.

(00:22):
I think he's out of his mindand way too conservative, you know,
in many issues. I don't think. I don't think so. I mean,
he's got a real problem with aborder. Uh it's easy for someone
in Massachusetts, easy for someone inOregon or Washington to talk about the border
in the southern border, But whenyou're dealing with it, you're dealing with
it. And DeSantis has that issuefor sure, when you have people coming

(00:45):
in, not necessarily by land,but uh yeah, the Haitians that are
now going to be coming in,et cetera, et cetera. Now let's
talk about the Don't Say Gay lawthat he was able to have pasted.
They don't Say Gay statute said thatkids who were taught in school, not
only were they not to be taughtabout gay issues at all, gay issues

(01:11):
weren't even to be discussed in schoolkindergarten in the first few years of elementary
school. I think as it wentall the way up, if I'm mistaken,
because they I am into the law. You couldn't the teachers couldn't even
recognize there was a gay community,not even teaching about it, just recognizing
it. Student rais his hand.Hey, teacher, I want to talk

(01:34):
about gainness. What are you talkingabout? I have no idea what you're
talking about could not even be mentioned. Well, obviously, lawsuits and books
were banned referencing gay lifestyles, gaypolitics, gays a position in society,
much less the history of would gayshave given to society, which, of

(01:57):
course there's history after history of it. And so there was a lawsuit that
was filed by a group of parentsand civil libertarians that filed the lawsuit saying
you can't do that. Well,the state of Florida has settled. State
has settled. So now here's thesettlement. The law itself remains in place,

(02:24):
and the state must clearly specify thatit restricts only classroom instruction on particular
subject sexual orientation, gender identity.So you're talking about they cannot teach it,
but they can reference it and admitthat it's there. It's the boy

(02:45):
they're really shaving this one. Willyou talk about giving this a haircut?
So it does not restrict the meremention of homosexuality alternative lifestyles, but you
can't teach you can mention it,which I have a hard time trying to
figure out where that line is.Uh. The law law also can't be

(03:07):
applied to library books, a bunchof which were banned. Can't do that
anymore. You can't ban the books. Wow, that's yeah. I think
they settled because they knew they weregoing to lose big time. How do
you not teach kids or not evenrecognize that there is Yeah, there's an
alternative lifestyles genders choices, not evenchoices. Many cases, you're born with

(03:34):
what you're born with, all right, phone calls, Hi, Teresa,
you're up. Welcome to handle onthe law hither. I was the victim
of a hit and run late lastyear, and I've been able to obtain
any recourse, even though there waswitnesses at the scene, and one witness
followed the car a bit long enoughto get its license plate, and as

(04:00):
a result of that, I havethe name of the registered owner, who
is not who was not the driverbecause it was two young men that were
driving. But I have no I'vehad no recourse. I still have two
major dents in the background. Whenyou say you have no recourse, what
does that mean? I don't knowhow to get my car fixed because I

(04:21):
only had liability. Okay, okay, you have to find the drivers.
Uh, and or that's what I'mhaving a problem with. All right,
So who do you think is goingto help you? I have you No,
No, I don't go out.I don't. I don't go out
and search for people who have hitcars. I've sort of ang and cheng

(04:43):
and cheek. Okay, I havethe name of the registered owner, then
go and sue the registered owner.That's what I'd like to do. But
I want I guess I should havebeen more specific. I cannot obtain their
address. Oh then you don't know. Then you don't know where they are?
No, I don't Okay, Souh what's your question? Well,

(05:05):
I need to get my car fixed, and excellent, here's your answer.
You have to find out where thatperson lives or works, and you have
to file a lawsuit and have thatperson have that for a person served for
the amount of money, get acost d your car exactly and I'm aware
of those facts already. Okay,you have any suggestions on how to Yes,

(05:30):
you can hire. How much damage? How much damage? How much
damage you think there was a car? I have two major dents in the
Give give me a dollar figure athousand thousand dollars. Okay, it's a
little tough hiring a private investigator tochase them down, because that's going to
cost you more than a thousand dollars. So you don't know where the people

(05:51):
live. You don't know. Ihave your first name and last name,
and do the research. Then dothe research. No one's going to do
it for are you, Teresa?Do the research? Yes, do the
research. Internet searches is probably theeasiest way to go. Or do someone

(06:14):
who does that. I tried,Teresa. Then you're out of flock.
Things happen sometimes even though you havebeen wronged, there's nothing you can do
about it. And that's one ofthose. And this is one of those
where you have a case. Youcan't just move on the case or collect
for the wrongdoing that was done toyou. No case, Okay, fair

(06:40):
enough, all right? Number oneruined someone's life first out, Thomas,
Yes, I have a delivery truckwhich I have a part at a storage
yard. I made a contract withthe owner and I've in there about three
years. I received a viction noticeFebruary twentieth, thirty days I contacted the

(07:08):
owner probably well, I received well, it was dated the fifteenth. I
received it on the twentieth. Itelephonically contacted the owner on the twenty first.
She assured me that I could stayuntil March thirty first, which would
be the last month that I alreadypaid for. Now I hear you got

(07:30):
to get out now escrill has closedand I'm going there's no way I can
move it, probably not for anotherfour or five days. The vehicle's apart,
and because we're allowed to work onthe vehicle if you if you want
to. So what do I do? You stay? You stay put?
Stay put? Yeah, yeah,yeah yeah. First of all, if

(07:53):
you have a lease that is stillin effect, it's an effect. It
doesn't matter who buys or sells theproperty. Whoever buys the property has inherited
the lease. Unless it has gonewith bankrupt and it's going through a bankruptcy
proceeding whichever owns the company, thenthe lease is then the lease is gone.
Yeah, it's now. The momenttold me she's tired of the bulls

(08:16):
and there's too many dead bates,and she's seventy eight years old, and
it's it's time to get it out, all right. What does it have
to do with anything, well,exactly other than no, you just stay
pushed until you move. Now,you move, you move, and you
do it at a reasonable time.Because here's what's going to happen. They're
going to have to evict you.Okay, once the time is over right,

(08:39):
you're supposed to be out by thethirtieth. You're not out by the
thirtieth. Now, they have togive you thirty days to get out.
They'll give you a notice. Youhave to do free. I'm sorry,
I said I can get a monthfree. Well, no, you're gonna
be you'll get to oh the month, you're gonna owe the month. Yeah,

(09:00):
but they just can't you know.For example, let's say you owe
the rent and your lease expirers Marchthirtieth April. First that they can't come
in and marshals are not going tolock the place, grab your stuff and
throw it out on the sidewalk.There has to be a whole legal proceeding
that has to go forward, includinga notice that it's yeah, thirty days.

(09:26):
I think that's the statute. I'mnot sure on a commercial property,
but there's a notice that has tobe given to you. You have excellent
number of days. If you don'tmove out at the end of that time,
then an unlawful detainer is filed thatit's just you have violated the notice,
and here you go. And thenyou go through the process. Court
date has to be given. Canyou you can defend even though you're gonna

(09:48):
lose. You go, no,thank you. You lose that one several
weeks later, and then the marshalscome and grab your stuff. You've got
months if you leave five days afterthe expiration and you turn around, go
I'm out of here. I oweyou five days of rent and here you

(10:09):
go. And the whole point isthey can sue you for extending a lise
that doesn't exist, because if it'sa lease, you just stay put or
for money, you don't know anymoney. All they can do is kick
you out. But wait a minute, wait a minute, I'm out already.
Now is the court going to allowa hearing or a lawsuit for you

(10:31):
staying when you're not staying. Soare you gonna owe it? Is the
four or five days rent, that'sall, and offer it and you're done.
You'll be fine. Yeah, you'llbe fine. Yeah, you'll be
fine. People think that you havethirty days to leave. Okay, I'm
gonna take thirty two. I'm gonnatake thirty five. Well you can't do
that. I go, okay,you can't. When I move out thirty
five days later, you're gonna getfive days of rent. And what are

(10:52):
you gonna do, you know,file a lawsuit to get rid of me,
to get rid of someone who isin there? Go figure? All
right, hello David, Yes,sir, oh you know, David,
let me do this. Hold on, you know what. Let me put
you on hold because I want togive you time when we come back.
Okay, yes, sir, okay, yeah, because I hate doing that
to rush people. Really. Hey, hey, hey, I don't have

(11:15):
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(12:01):
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slash handle. Let's go, David, what can I do for you?
Yes, sir, I got visitedby a Sharf's deputy for loud music and

(12:24):
he opened the door, turned offthe music, opened the door. He
said, too loud. Okay,music's off, and I'm aware it's not
ten o'clock yet, I didn't thinkit was that loud. He goes,
it doesn't work that way, okay. He said, what's your name?
Trying to make you know what's yourname? And I was like, why,
what's your name? I was like, well, loud music, that's

(12:46):
it. So I closed the doorand he stuck his foot in the door.
He then told me, which askedme again my name, and then
he forcefully pushed me. Well,he didn't physically push me, but he
forcefully made entryway into my apartment.I backed up. We didn't make any
contact. I backed up, endedup, falling on my couch, grabbed
my cell phone, picked up avideo my phone to video and he I

(13:09):
told him to get out of myhouse. Yeah, no, right,
anyways, he put me in handcuffs, dragged me out of the house.
I told him I'm a disabled veteranand that he's hurting me. I told
him I had PTSD and he's stillcontinuing to throw me in the back of
his car, and he I toldhim my service animal was running all over
the place. If he could putit in my put my dog in my
apartment. He did. He cameback, took me out of the car.

(13:31):
After I was complaining again and thathe that that I was hurting.
He took the handcuffs off, lecturedme, and gave me a warning.
And I asked him, prior tohim coming into my house, am I
being detained and he didn't say anything. So that's why I closed the door.
So I'm just questioning. I don'tfeel I feel violated. I don't

(13:54):
feel yeah violated. Yeah, yeah, I would too. All right,
So let's talk about how you've beendamaged or how you were injured. I
had Okay, So you've got bruisesall over? Did you go to the
doctor? No? Because I'm assumingand I'm assuming you took pictures of it?

(14:16):
Yes I did, okay, andso you So there it is.
Cop comes in, you refuse togive him your name, which, by
the way, you have to identifyyourself to the police. Uh. That
happens to be the law. Theother thing is, uh in your house
because he came in and he didit based on a complaint that was being

(14:39):
made. Now should he have donethat? Probably not, He probably didn't.
And yeah, go ahead, I'msorry. One more thing. He
when he came to the door,he told me a resident wants to file
charges to have me arrested. Okay, So what if you said a resident
wants to file charges for murder?So that doesn't mean anything. Yeah,

(15:01):
it doesn't mean anything just because aresident complaint. I mean, he goes
out there because a resident complained.But he's not going to arrest someone just
because a resident complained, So that'snot it, all right? So,
yeah, you were violated. Whatdo you think that's worth when you sue,
I'm not looking for compensation. Whatare you looking for then, David?
What are you looking for? Sir? I just want to know if

(15:22):
it was right or not. No, it was wrong. It was wrong.
Good chance, he violated your civilrights and that's it, and he
probably won't even get reprimanded. Basically, you were I think the mistake you
made was here's my name, officer, and you're done because as soon as
you said I don't have to giveyou my name, all of a sudden
you're in a confrontation with a copand who wants to do that? And

(15:45):
you get here's another piece of advice. You get stopped for a traffic ticket
and you're outside the car and thecop goes up to you and you poke
them in the chest. Hey,buddy, I pay your salary. Not
a good idea either, So yeah, I think what ended up happening is
here's the problem when cops, evenwhen they're in the wrong, Okay,
you just do a lot of yes, sirs and no sirs, and you

(16:07):
absolutely pay attention to what they say. Unfortunately, because they hold the power.
You know, for example, throwyou on the hood of a car
and you completely cooperate. You don'tstart screaming, You stay as calm as
you want. Now. Throwing youon the hood of the car when there
is no cause? Is that wrong? Oh yes it is. So,

(16:29):
you know, I don't know whatto tell you. You were violated,
probably some civil right was involved,and you're not going to get anything.
And there's so many not going tofire him, So you know, I
mean, it happens. I mean, that's that's life, you know.
I mean, there are terrific copsout there who would never dream of doing
that ever, and there are copsthat enjoy their power, you know,

(16:52):
enjoy have using their power. AndI don't know what the exact circumstances were.
I have no idea what mood thecop was in. I have no
idea how Belligi and David you wereall right? Abraham, Hi, Abraham,
welcome, very good morning. Ihad a divorced six seven months ago
and then two we have two houses, one house under my name and the

(17:15):
other house I put hel on hername. And when we get to the
time to divorce, she said,okay, I take the other house,
and you just led me to refinancedunder her name and her son from previous
marriages. That's what she asked forthe court did hold on? Did the
court grant that? Yes? Thecourt said no, not at this point

(17:38):
to granted. But I already wantedto give it to her that they put
it under their name. And nowthe court said, we are separated.
Whom I will take the houses belongto them is done. But the other
lawyer, by the motion, theysaid they want to put that house under

(18:00):
her name. What the paper thatthey sent to me, They said that
you're going to be on the namethe house is going to be I'm a
computer. Okay, here's a housethat you owned with her right and now
the court says, you are goingto put the house in her name and

(18:22):
her son's name. Did you dothat? Did you transfer title? Which
not yet? And you have ado you have a court order to do
that? Uh? They send mea paper from the lawyer that oh no,
No, the paper from the lawyermeans nothing. Abraham, that means
nothing. Lawyers asked for the moonNo, no, No, your lawyer
can argue no to that. No, you're at the very early state,

(18:45):
early stages of that one. Thatonly counts when a judge makes the decision.
You know, lawyers asked for themoon. I mean they always do.
I'm surprised the lawyer didn't even askfor your house to be given to
her. Why not? Yes,I will do it. I have no
problem. Then do it, then, Abraham, then do it and the
conversation's over. What is your problem? Yeah, my problem is to filed

(19:07):
the motion, and my expensive lawyercalled me back again and said the other
look, file the motion. Sothey filed the motion, Abraham. So
they filed the motion for you todo what you're going to do anyway.
So just do it and the motiondisappears. Are you upset because a lawyer
filed the motion basically asking you foryou to do what you're going to do

(19:29):
anyway? No, my question isthe Oh my god, then the lawyer.
They're asking me for my lawyers.They're asking me to open the case
again. And you, if you'vealready done what you want to do,
Abraham, if you've already done itand you're happy with it, and your

(19:49):
lawyer wants to reopen the case.Why why he wants lawyer's fees? So
you got a crappy lawyer who justis looking for some money. Who all
right, Lynn high Land, welcome, Hi, Hi. I had cataracts
two years ago. I paid thesurgeon I got and I to bill a

(20:17):
surgery center, which I paid,and I am two years later getting a
bill from the surgery center in foralmost five hundred dollars. Is that unreasonable?
Well, if you've already paid allthe money, yeah, it is,
of course it is. Lynn.Well, well I don't know if

(20:37):
it's all so asked for. Waityou say, okay, you paid whatever
you paid, and they had tohave sent you a statement saying here's what
the insurance pay paid, or youdon't you've paid everything. For example,
I had cataracts and uh, Ididn't go through my normal insurance. I
went through a doctor that I haddone my LASAC with a bunch of years

(21:00):
ago, and I just wrote acheck for it. I mean, I
you know that's what I did.I did because I was willing to do
that. And after I wrote thecheck, I got a statement that says,
peyton full that's it. So I'mkind of missing. Did you get
any kind of document that said youpaid it in full? I do not.
I can't find any. Well,okay, then I can't help you

(21:23):
because you're going to argue it wasn'tpaid in full. You did, They're
saying you didn't. If they haverecords that shows a billing, you're screwed.
Well that's what I'm afraid of.Yeah, I don't blame you.
That's what's going to happen. Yeah, unless they come up with records and
they go, oh, yeah,you paid in full or the insurance the

(21:45):
copay ended up being this and youpaid it. Yeah, that's what's going
to happen. Teresa, Hello,Teresa, welcome. Hi. I have
a family member who recently passed awayand left his his entire state to nonprofit
organization. And I have a familymember who is the trustee of his estate

(22:07):
and he has you know, he'sgoing to distribute all of my family members
property and he's in charge of allof that to the non profit organization,
and he wants to sell the houseto He does to sell these to us
at a lower price, really lowrate? Do this or does he have

(22:32):
to sell it to us at marketrate? Okay? Well, let's first
talk about is it the property thatis turned over and does the trustee have
the right to sell the property andthen turn the money over to the nonprofit?
What is what are the terms ofthe trust or is it vague where
the trustee can do basically whatever hewants. Yep, that is correct.

(22:55):
So there's no specificity other than hisestate goes to and I see up here
at the computer the Salvation Army.Right, okay, fair enough, And
so what he wants to do isinstead of leaving the entire estate, the
Salvation Army to basically lower the priceto you and sell it at below market

(23:18):
rates. Therefore, the Salvation Armyisn't going to get the full value of
the trust that specified by the trustee. Well, here's what happens. The
Salvation Army either sues you with orwithout their marching band going to court.
Either way you are going to lose. You can't do that trustees in breach

(23:41):
of fiduciary duty. Market rate works, and I would even argue that you
have to get an independent mortgage.I mean theoretically you can argue, well,
no, it could be sold atmarket and then the mortgage could be
held by the Salvation Army. Theyhave to get the money on the mortgage,
so they have to. Basically,if you default, it goes to

(24:03):
them. No, I think you'dhave to go independent. I don't think
they would hold a mortgage. Sothe answer is a quick no on that
one. Now, yeah, youcan't screw a trust to help out a
family member. And by the way, if you don't think, these charities
sue all day long because the amountof property that is left to these charities

(24:26):
can be enormous, just enormous.As I've said many many times, I
have a family trust. My kidsare convinced that they are going to get
it. Most of it goes toa charity involving Wales, and as I've
said, I hate Wales and I'mstill going to do it. And I
don't know how Whales sue, butthey're going to have a hell of a

(24:47):
case if my trustee hands my kidsall the money. Mike, Hello,
Mike, Hi, Hey, Iwas working for someone and I've been released
from them. They said they wereconcerned about my age and they're not going
to hire anymore old people. Okay, after me, did you did you

(25:10):
quit or were you fired? Uh? Kind of both. I was okay,
all right, did you sign didyou sign a waiver when you you
know, what are those? Uh? I'm not going to go forward with
any case against you or to justwalked. No, just walked, okay.
And they were concerned about your wayage. How old are you?
Sixty six? Yeah, I'm concernedabout your age too, you know,

(25:33):
okay? Yeah, No, Iunderstand that you haven't got my You don't
got much there, as they say, Because even is such a thing as
a discrimination, this is a toughone. I'm a corporate pilot, okay.
And he brought me in to mentoryounger people. And ever since we
hired this younger person, I feltlike I was being pushed off. No,

(25:56):
I understand, no, and Iget it, and you probably are
being pushed out. The issue ishow strong is your case for discrimination?
What kind of aircraft do you fly? By the way, that was a
letter forty five? Oh squirrely littleplane? Aren't they not easy to fly?
Yeah? They're right, I meanonce you get the handle, ont
they're pretty easy. I've been flyingjust seven years. Yeah. I talk

(26:17):
to pilots and they go, theseare not easy flying. I mean,
you don't just anyway it doesn't matter. I could talk about So I was
a participant in a volunteer FA sponsoredstudy for cognitive abilities and judgement. I
cover the whole spectrum and I testedabove my scale for my age. Okay,
how about that aware? Okay?How about this is the pilot that

(26:37):
replaced you, that you mentored.Do they make less money than you do?
Uh? Yeah, that that alonewill enables them to do that?
Okay, Yeah, you don't havemuch. You don't bad breath? Mm
man? That is you talk topeople your bad breath that it's just horrible.
People in front of you have badbreath that s worse. So I

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com. This is handle on thelaw