(05/11) HOTL Hour 3

Handel on the Law, Marginal Legal Advice. 

Episode Transcript

(00:00):
This is handle on the law bill. Handle here giving you marginal legal advice
and telling you, hopefully you haveabsolutely no case. Very interesting bill that
has been introduced in the California LegislatureSB fourteen forty six, and this has
to do with checkout lanes in supermarketsand they were supposed to be the end

(00:24):
all be all. This was themagic formula that would enable the consumer to
zip through very quickly because you canput a lot more of these checkout little
stations and you can't a checkout standin normal with the conveyor built covetor belt,
et cetera. They're not as greatas everybody thought, but they're still
pretty good. And I think they'vegotten the answer because a lot of people

(00:47):
have a difficult time, you know, put it, you know, put
your stuff in the bagging area,and if you don't you put it back,
everything stops. And so the waythey figured it out that works.
And this happened to me, matterof fact, a couple of days ago,
when for some reason something happened andI had to call someone to help
me. Or they have a littlecall attendant button. So they say there's

(01:07):
six little stations there. They haveone person who is walking around and helping
people. So you have one clerkat six stations instead of six clerks at
six checkout your normal checkout counters.All right, So with that, you
can bet that the retail clerks unionsare not very happy about that because that

(01:30):
means cutting down on staff. Andso there's no way they're going to make
this illegal. That's not going tohappen because the politics aren't there. They're
just two too much part and parcelof how we live now. So this
bill SP. Fourteen forty six,this is a really weird one, would
prohibit grocery or retailed drug stores fromoffering self checkout options. You can't do

(01:56):
it unless you not allow well,you have to have a sort of a
study group at the store to figureout if it's going to work well.
In other words, you can't thestore won't just have the ability to put
in six chios, Oh no,no, you have to study to see

(02:20):
how that's going to work. Andstores looking to implement the new technology not
only have to have this study priorto implementation. Can you imagine you own
a supermarket you want to put inthese self serving checkout counters, certain kiosks
and the law says, oh no, no, you have to have a

(02:43):
study now before you can implement them, and the study has to be limited.
You have to notify employees at leastsixty days before drafting the study.
You have to tell the union aboutit before drafting the study, and then

(03:04):
you have to wait at least sixtydays before in implementing those chios self checkout
counters. Come on, really,I mean, who is in favor?
Of course, organized labor? Whois opposed? How about business groups?
The stores, California Chamber of Commerce, And this is just one of the
weirdest ones I've ever seen. Unionhates those. Clerks hate those because it

(03:30):
cuts down on the number of clerksin the store. We can't attack them
and make them illegal directly. Solet's do it sort of through the side.
Okay, you have to do astudy before you put them in.
You have to wait sixty days,and you have to tell the union before
you put them in. You haveto report, and then once you've decided
you're going to put them in anothersixty days past. I mean, it's

(03:51):
just welcome to California, no surprise, is it. Oh right, let's
do it phone call, all right, Elane's been there for a while.
Yeah, I'll go with you.Probably boring as hell, but let's go
for it. Okay, Lane,Hey Bill, how are you listen?

(04:15):
I bought a mobile home in NewburyPark. I'm at the bottom of the
Santa Monica Mountains. With all therain, water came up underneath my house.
It did not flow off of themountain. It came up underneath the
water table rows. There are aboutone hundred and eighty homes in my mobile

(04:35):
home park. Some have some pumps, some have French strains. This was
never disclosed to me that water couldbe a challenge in this neighborhood when I
closed escrow last August. Okay,so they never informed you that there could

(04:55):
be a problem as in the watertable rises. I mean, is that
foreseeable? Well, if you lookat how much rain we had left,
that's the whole point. That isexactly the point. You look at how
much rain? Is that foreseeable?When we've had more rain than we ever
had in history, and you're sayingwe have to foresee it? How about

(05:20):
this? What if we get aweird, weird like a hurricane coming in,
which we got once I think afew years ago, we got the
remnants of a hurricane. Are youready for this for the first time at
one hundred years Well, you shouldhave known that a hurricane can come.
It happened one hundred years ago.You have to tell me about that.

(05:43):
I mean, this is foreseeable,Elaine, That's what you have to talk
about here. But if other homesin this bobble home parks specifically have some
pumps, homes that are not evenback up against the mountain, Okay,
so they want to So what sothey want to have some pumps. If
I'm selling you a house and it'snot foreseeing, if I'm how do you

(06:06):
know? That's why they have thembecause they could foresee that there was going
to be that. Uh no,because they had water under your house and
then they got proactive and put something. Okay, did you have water?
Did you have water under your housebefore all this happened? No, sir,
Okay, so it's not foreseeable theyhad water. You didn't. You

(06:29):
never had water under your house.You have the biggest rains in the history
of California, and you should haveforeseen that. You tell the cellar,
I just think that the here's it'snot the cellar it's the realtor who Okay,
let me ask you something you shouldOkay, you tell the realtor you

(06:49):
should have foreseen the heaviest rains we'veever had were gonna come, and you
didn't tell us that you should foreseethat occasion. Then every hundred years we
shoud have a hurricane and you didn't. You should foresee that there is you
could get hit by a meteorite goingthrough the roof of the house. You

(07:09):
should have informed me that this houseis liable to be hit by a meteorite.
What's foreseeable here? Well, thatother homes in this specific park because
they had water, because they hadwater issues. You did what the tape
right? Okay, All right,all right, Jack, Now we can

(07:32):
take a couple of minutes. Whatcan I do for you. Well,
I've been a member of the AutoClub for over fifty years, and the
other day I had an experience thatwas particularly irritating, and I want to
get your advice. Okay. SoI always make it a habit of paying
my auto insurance and homeowners insurance inperson at a triple A office. So

(07:57):
my earthquake insurance and my homeowners andinsurance was coming due. We wrote the
checks. Uh, made the seconddated made the second. I went into
the Triple A office on May theeighth, and the lady said, oh,
this is for the payment for theearthquake insurance. And she said,

(08:18):
you have to change the date toMay the eighth. And he says,
no, I don't, sir,change the date on your check to May
the eighth. I says, well, that's not necessary. The check wrote
over the date. She made sucha mess that it's not even readable.

(08:41):
And uh, And I says you. I said, I didn't give you
permission to do that. Okay,got it? Did you check Claire Most
Insurance? And did the check Claireon that? And uh? In the
chela, what's that? Did thecheck clear? Well, it's only been

(09:03):
a couple of days. I don'tknow. I'd have to check, all
right, So you have to wait. And now I have a question to
ask you. Since you walked inand paid it May eighth, you're going
to be credited with a May eighthpayment, not May second. It's going

(09:24):
to be May eighth, because that'swhen the money physically went in. Really
doesn't matter. You can have acheck this five months from now. And
if you walk in six months fromnow, or you can date it today
and walk in a month from now. It's when you make the payment.
Right, So let's say the checkclears, it doesn't clear. It's a
couple of days and you're told aboutit, and those three days two three

(09:48):
days cost you? What what areyour damages other than she did it without
your permission? If it clears,no damage? So what do you want
to do? Well? I wantedto I wanted to find out is is
that? Isn't that illegal? ForProbably? Yeah? I would it probably

(10:13):
is. Yeah, I'm guessing itis. Now what all right? What
do you want to do? Well? I guess you're right. I have
no case. That's correct, youhave no case clear? That's it.
Yes, So you're just pissed off. She shouldn't have done it. It's
gonna clear, so there really isno damage. Charles, Hello, Charles,

(10:37):
Hello? Yes, what can Ido for you? Charles? I
want to say you if I gota case here? Yeah, you got
to talk loud. You have tospeak louder, Charles. Okay, I
want to know if I have acase. Okay, Am I allowed to
say any of the insurance company's name? Yeah, I don't care, Okay,
thirty years ago. I'm seventy fiveyears old. So I walked into

(11:01):
an insurance agent's office and I askedhim. I brought in a previous policy,
one hundred thousand dollars whole life.I was originally going to give it
to American family because I had justhad policy with him. So, because
this other agent had my homeowner's insuranceand business insurance, I said, well

(11:24):
not, let's go. Let's gosee him. So I brought in the
policy, showed him the whole life, said I want exactly the same thing,
whole life with a payment that's aboutone hundred and twenty five hundred and
thirty five dollars. Well, hefirst looked at that policy. Oh mind
you, I have a family membercome with me, a brother forty years
old at the timely And so hefan through the policy that I had and

(11:50):
then he sat it down, putit down, and then he went on
his computer and he says, Igot one for you, and it's better.
And then I said, oh good. He says it's got better death
than a bit. Not one timedid he switch me on it at that.
He never said any word that I'mmoving on. Excuse me? Did

(12:15):
he switch you, Charles, Yeshe did, okay, and all right,
and this was thirty years ago.Yeah. Now here's how I found
out, uh he he he.I was at a bank advisor's office and
uh just just I don't care,Charles, it doesn't matter how you found
out. You found out that heswitched you thirty years ago. Yes to

(12:41):
Okay, what is the difference inthe death penalty between what you have and
what he said you're going to have? He said it was a he always
said, he pumped it up,saying you got a great death of Yeah,
what is it? Yeah, Charles, what was it? What's the
difference? Did he give you anumber? Yes, he did, said
at that time it was like itwas growing, so it was like about

(13:03):
maybe at that time, it waslike, okay, so he told you
that, when have you a onetwenty policy? And you thought, and
uh he's and it was actually aone hundred policy. And uh so when
he switched you, well, nextup, it's not the whole life.
He said, the death benefit onlyis better than the one you Okay,

(13:24):
here's the problem, Charles, thirtyyears ago, if he's still alive,
he's going to say, I neversaid that I have a witness. Okay,
when is still alive, you thinkyou think you think there may be
a statute issue for what happened thirtyyears ago. Okay, uh, yes,
I agree with you, but I'mstill being stroked and scammed by the

(13:46):
guy and I'm still making house.So how are you being scammed by the
guy because he's because up until thetime I found out that I had a
turnbolicy in that a whole life,he's kept on the seating. Okay,
here's the problem you're going to haveis he's going to deny talking to you

(14:09):
about it. And it's your brotherthat is a witness. What kind of
credibility is that. Of course yourbrother is going to say anything you want
him to say. Okay, yeah, so it's a problem. I mean
thirty years and it was all verbaland the witness is a brother who is
now what also one hundred and fiftyyears old. Now, no matter what

(14:31):
business you happen to be in,and I have no idea what it is,
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of it. And frankly, I'monly a bet you can make more money.
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(14:54):
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(15:18):
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And you're gonna find out it's absolutelyfree to download the checklist you see for
yourself. Okay, this makes senseand it probably will go to NetSuite dot

(15:39):
com slash handle NetSuite as an officesuite NetSuite dot com slash handle Hello Jim,
Hello Bill. Fifteen years ago,I made a personal second trusteed loan
to a party who had a firsttrusteed with country. The person made payments

(16:04):
to me for for payments once amonth for payments, and then stopped making
payments. And of course the realestate market was in a mess, and
Countrywide was in a mess, andso forth. So I was not in
a position to make her first trusteepayment. So I foreclosed on her.

(16:27):
The property was then deeded to me. But since I couldn't make the payments
on her first trustee, I triedto deed the property back to Countrywide slash
Bank of America at the time,the paperwork didn't never got accepted by a

(16:48):
Countrywide Bank of America, and so, unbeknownst to me, and so for
fifteen years, everything went along,you know, everything went along with everything
went along without making payments on andoutstanding a loan. Correct, Well,
she wasn't making payments, No,I understand. So you have a loan

(17:11):
that's outstanding on the first you foreclothes on it, and since you're buying
the property, I don't know therules whether you're responsible or not if you
foreclose, But no one bothered youfor fifteen years. Is that correct?
That's correct? But she was makingpayments. Oh, so she was making
payments. She wasn't making payments.She wasn't making payments to me on the

(17:34):
second. Oh okay, so youforeclosed fair enough, all right, So
now you own a property and she'smade payments. And now you own a
property that there's a first on itthat you owe some money which I couldn't
pay at the time. Okay,So I tried to deed the property,
all right, and they said no. And they said no, right,
Jim, Well they didn't say no. Every didn't seem to be fine except

(17:59):
that wait, wait, everything shewas still making Wait a second, you
take over the property and nobody ismaking the payments, or she continues to
make payments on a property that shehasn't known anymore the ladder. Okay,
so she continued to make payments.Great, she didn't know that she didn't
own the property. So she's makingpayments on your house, all right.

(18:19):
And that went on for that wenton for fifteen years. Yeah, So
the Bank of America wakes up oneday and they say, oh my god,
we can't either got okay, Sothey're hitting you. How much are
they How much are they hitting youfor? Well, they're not hitting me
for anything. They just initially ayear and a half ago, which is
how long this has been going on. They wanted me to go to court

(18:44):
and have the court make a decision. Who really owns this property? Do
I still own it? You probablydo because you're foreclosed on it. Well,
who's property? Who's on title problem? Who's on title problem? Bill?
The problem is we have spent moremoney now on attorney fees, and

(19:04):
yeah, the original amount was.Yeah, that's a problem. What happens.
What happens if I tell the attorneyjust stop, we can't keep paying
money on this sort of thing,then you're gonna be Then there's gonna be
a default judgment and the bank isgoing to go to court and they're not
going to be there defending, oryou defend on your own. So it's

(19:26):
not a big deal. Then it'sa big deal because it's going to cost
you a ton of money and you'regoing to be by yourself up and against
an attorney who has a lot ofexperience in this. Yeah, I tell
you, I don't know how todo it. Uh, this is pretty
complicated loss. So I'd have tohire an attorney. And if I didn't
have the money to hire an attorney, you know, you're screwed. Welcome

(19:48):
to America, and there's no attorney'sfees clause. I'm assuming assuming. Maybe
there is, I don't know,but no, no easy way out of
that one. There you go.See, don't I make people happy?
Happy? Ooh okay, luster highluster, Hey how are you? Yes,
sir? What can I do foryou? Okay? So yeah,

(20:11):
I got quite a complicated thing,but trying to please God. I hate
these all right, make it quick, please, I know? Well,
yes, for sure. So mywife and I went in to purchase a
property in twenty eighteen, and whenwe purchased a property, it said in
the mortgage my first name, mywife's second name name, and then it

(20:33):
said husband and wife. So Indianais a tenants by the entirety state and
you have to have this phraise husbandand wife. The bank, the mortgage
company basically said that because I wasthe primary bread winner, they wanted to
just have me on on on theloan and not my wife also, So
then they just had my name amarried man. But then it didn't say

(20:53):
husband and wife. So they said, it's no big deal. You can
go and transfer this later. Youcan go and fix this later. So
we went ahead like the next businessday, and we started a trust,
a revocable trust, and My wifeand I were both co settlers and co
trustees of this trust, and Idid a quick claim deed of the property

(21:15):
into them. So it's been thetitle is being held in the name of
my wife and I and our trust. So it's just that. Okay.
So the title is now owned bythe trust and you were the trustees.
Okay, so far I've got it. Yes, Okay. So six months
after we had put this into thetrust, I get sued by some people

(21:36):
over some extly. This is thecreatest thing I've ever heard. Money that
they owed me, and when theyrefused to pay on this money, I
recorded a document at the county recorderin Indiana. And three years after that,
so now twenty nineteen, what document? Okay, they owe you money
and you recorded a document? Whatdocument did you record when someone owes you?

(22:00):
I recall I literally again, Iwas at the time trying to lawyer,
which I shouldn't have done. No, I understand. What what document
did you record? Debt notice?I called it a bond debt notice?
So these were the notice? Wasthere a bond? Oh? No?
Yeah. So So my grandfather wasa pastor and he built this church in

(22:21):
nineteen sixty six, in a Rowkay, that's way beyond me. I don't
know Indiana law. But you didyou file a law suit or just filed
this document? Well, well,no, I filed the document. They
filed the law duit for slander title. But that's not even my main question.
I don't want to get sidetracked.My main question is they got a
judgment this This crazy judge says frombehind the back. Yeah, okay,

(22:45):
you you have to you have togive them a judgment against me. I
understand. But the issue is Iget this judgment. Well, the judgments
against me personally, not against mytrust. And then then the judge says,
well you can go ahead and putit against the turch. So they've
ignored my wife. So what's yourquestion, Lester, what's your question?
So my question is how can theyignore I have no idea? I have

(23:08):
no idea. You have a Schorelyjudge. You have a Schorely judge,
and it happens all the time.Okay, so you got you know,
unfortunately you have to unravel it andyou get to pay for a lawyer out
of it. So no, Igot plenty of lawyers. The point is,
I guess My question is is thatthey set a house for sheriff sale
and claim that because I'm one ofthe coach restees, they can if you

(23:33):
have plenty of lawyer. If youhave if you have plenty of lawyers,
why aren't you in court on Monday? Uh getting a court order to stop
the sale pending all of this goingon? And if you have plenty of
lawyers went to the Indian there's theCourt of Appeals and they basically said that
they can put it against the trust. You know what, I have absolutely

(23:56):
no idea. That is did youunderstand any of that? I didn't you
know, not that I'm yeah,I just didn't. Hello, Tim,
Yes, sir, what can Ido for you? I I got hit
a gumple of weekends ago. UhUh. His brother owns the business is

(24:21):
hard tru tucky talkboy. It's likea forty year business. Okay, Tim,
When you say you got hit caraccident, what are you saying?
No, he's hit me with hisfit. Oh you got pun Okay,
that's nice. Yeah. And thenso when he I said, why are
you hitting me? Because I askedhim, I said, you want to

(24:41):
hit me? Dun't yet? BecauseI you know, I did something.
I left a mess on his table. He called me almost I just stupid
crap. And then and I go, you want to hit me, dun't
chet And he immediately started hitting melike four times before I hit him back.
Okay. And now now it getseven better, Bill, it gets
even better. I I went tothe emergency room to document everything, okay,

(25:03):
And it was about eleven o'clock andI remember getting admitted. I'm on
a gurney and my next memory isthey're waking me up. A police officer,
just me and him in the emergencyright waiting room. He's waking me
up, telling me I got togo, and I go. I said
to him, I said, waiting, say I I came here for some
for happened and he goes, Idon't know, he said, but you

(25:25):
got to go. And they toldme not to let you come back.
And I go, this is thehospital. You're on a gurney in the
hospital and the cop says you've gotto go, and they told me to
not let you come back. Isthat correct? Apparently they released me and
I told him I'm not going anywherebecause they it's fifty degrees. I'll either
got a button down silk and okay, So all right, so what happened?

(25:48):
What happened after that? I don'tknow, See, I have no
memory. I'm just guessing the securityguard hit here. Oh, the security
guard hit you. Okay, Soyou get punched in the first shop,
and then you get punched by asecurity guard at the hospital while you're on
a gurney waiting to see a doctor. Okay, yes, no, I
wasn't on a gurney. They havereleased me, I'm pretty sure. Okay.

(26:11):
Oh what are you doing? Okay, you're out in the waiting room
because it was too cold, andyou were just hanging out there after you've
been released. Okay, all right, So what's your question, Tim?
Well, what can I do aboutthis? Because that's a problem. Yeah,
that's a problem. Uh yeah,I don't know what you do.

(26:32):
I mean, you know what Imean. If I were with you,
if you were coming into my office, I'd probably punch you too. But
you know, uh yeah, Idon't know how badly were you injured?
Tim? Whoa, you have adetached retina because of you getting punched.

(26:52):
Hold on, stop, stop,you have a detached retina. Were there
witnesses that saw you getting hit?Yes? Sure, Okay, yeah,
you got you got a case.Oh yeah, no, there's a case
there, there's a case. Ifanybody believes you, there's a case.
Now all that they were all probablygoing to be employees because I don't know
what happens, have no idea.There's probably video, there's probably video.

(27:15):
Where where Tim, Where do youlive? Where are you? Okay?
All right, fair enough? Youlive in a house, you live in
a tent, you live in adumpster? Where do you live? Actually
I just moved into Morongo Valley?I live there now, and that this
happened. Okay, it doesn't matter. That doesn't matter. No, it's

(27:36):
local, it's all local. Allright. You've got you absolutely have to
talk to a personal injury lawyer oneif you, as a result of what
happened, you have a detached retina, and they can connect it to you
being hit, and there are witnessesthat can put it together. There there's
something there, there's something there.Now you're hoping that it's certainly hoping that

(27:59):
you're security guard at the hospital.That's going to be your problem. First
of all, you have a problemjust having anybody believe you. But beyond
that, you've got two people,You've got two people that have punched you.
All right, and I'll tell youwhat. Person number two is going
to say it was person number onethat caused the detached retina. Person number
one is going to say it wasperson number two that caused the attached retina.

(28:26):
I wish you had only been hitby one person that would have helped
enormously. Okay, yeah, howold are you? By the way,
tim, how old are you?You're sixty Wait wait, you're sixty eight
years old. You have any ideahow old you actually sound? You look

(28:51):
like you're going to be dead bythe time the conversation is over. You
sound so old? Oh yes youdo? Oh no, no, no,
no, you absolutely do. Yeah, all right. Malpractice attorney,
now sorry, a personal injury lawyer. Personal injury lawyer. Go to handle
on the law dot com, Goto the website, talk to one of

(29:11):
our PI lawyers. Actually, youtalk to one PI lawyer and we'll see
and if it's literally a detached retina, believe me, they're gonna look at
it really hard for sure, lawyers. I mean, that's that's serious,
serious damage. So before I end, I want to tell you about your
bad breath or your loved one's badbreath or your family member's bad breath.

(29:33):
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(29:53):
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Matter of fact, that even helpswith stomach problems. I know people would
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(30:15):
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(30:37):
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people are still on the phone.Hang loose. I will get to you

(30:59):
and you can listen to the onthe phone. The other thing I want
to point out is if the linesare full, feel free to call me
in five minutes. Because I gothrough these phone calls very quickly. I
don't take breaks. I just gostraight through until forty five minutes, give
or a take. And the numberis always is eight hundred five to two
zero one five three four eight hundredfive two zero one five three four.

(31:26):
This is handle on the law.