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June 15, 2024 27 mins
Handel on the Law, Marginal Legal Advice. 
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(00:00):
This is handle on the law marginallegal advice, where I tell you you
have absolutely no case. Another oneof these fun lawsuits. One of the
things about America is we are thelitigation country of the world, and here
in southern California where I live,we are the most litigous of the most

(00:24):
litigous. If you go to downtownLA, the courtroom is I believe,
the largest courtroom in the world wherethere's with eight floors, ten floors that.
Remember it's been a while since I'vebeen to court where there are courtrooms
going. There's a huge hallway incourtrooms on both sides, floor after floor.

(00:46):
I mean, it's really crazy stuffand it's a big, big building.
So we litigate in this country moreso than anyone or any place.
So does that mean we have crazylawsuits? Oh yeah, we have crazy
lawsuits, and we do something thatvery few other countries do, if any.

(01:07):
And these are these are class actionsuits. Class action suits, as
you may know or you have heardme talk about our suits in which you
get a group of plaintiffs who representa whole group usually consumers, filing a
lawsuit saying we all have been damaged, you have ripped off all of us,

(01:30):
and therefore, let's usually it's settledand the plaintiffs, that is,
the people that are suing. Certainlythe folks who are part of that class
all get thirty five cents each orforty two cents each unless they're massive damages
in terms of medical damages, andthe lawyers get several million dollars. So
lawyers always score. Okay, here'sone that has just been filed and and

(01:57):
it was ruled in favor of theplaintiffs. Now ido Coldstone Creamery. I
don't know if it goes across thecountry, if it's a national chain.
Coldstove Creamyery Creamery is a ice creamchain, and the way it works is
there's this cold stone, this reallyrefrigerated, cold frozen, big chunk I

(02:19):
think of marble, and you mixice creams in it, and the person
behind the counter grabs scoops of icecream, puts them on the coldstone and
then mixes them up. So thisthing is really hard frozen and it doesn't
go mushy, all right. Sowith that, one of the flavors that
Coldstone Creamery has is pistachio ice cream. Jenna Marie Duncan, Farmington, New

(02:43):
York filed a class action lawsuit onbehalf of anybody who has ever been to
Coldstone and ever ordered pistachio ice creamand saying she bought pistachio ice cream in
twenty twenty two in New York endquote reasonably reasonably believe that the pistachio ice
cream she purchased from defendant contained pistachio, later learning that on the website of

(03:09):
the company no pistachios in the icecream. It was pistachio flavoring, water,
ethanol, propylene glycol, artificial naturalflavors, yellow five and blue one
dyes, and again the document ofthe ingredients shows pistachio ice cream actually contained

(03:30):
pistachio flavoring. Lawsuit. Lawsuit,lawsuit claiming that had she known the product
didn't contain pistachios, she never wouldhave paid for pistachio ice cream. She
knew there were no pistachios. Okay, fair enough, and that's why she
has been damaged irretrievably, horrifically,emotionally, physically. She can't go past

(03:54):
a supermarket and seeing a bag ofpistachios without going into hysterics. She'll never
sleep again. I mean it justgoes on or I. And so in
the lawsuit, she says when customers, when consumers purchase pistachio ice cream,
they expect pistachio, not a concoctionof process ingredients. And then she compares

(04:16):
the Coldstone pistachio to Hogendas and Benand Jerry both include actual pistachios. So
she also says that Coldstone's mango coconutmint orange butter pecan ice cream orange flavor
surbet just flavored, not real.And so here's what happens. Lawsuit is

(04:41):
filed, it has to be certified. That means a court first has to
say you have a real lawsuit,otherwise it's dismissed at that point, and
then if the court says, yes, this is real, it goes forward.
So Coldstone Creamery immediately filed a suitto dismiss lawsuit, saying there ain't
nothing there, and the judge said, no, there is something there.

(05:02):
What is there? No pistachios,that's what's there. So when you have
no pistachios and you claim to havepistachios or pistachio ice cream, that not
the merits of the case. Hedid not the judge did not argue the
merits. Yes, no, hejust said this lawsuit can continue. It's

(05:24):
on its way to a jury oftrial, which means it's on its way
to a settlement. Is really whatit does? Oh Eddie, Hi Eddie,
welcome Era up, Good morning.Yes, sir, my daughter had
My daughter has a swimming pool servicefor several years and as well as some

(05:44):
of the neighbors, and they neverinvoiced her on a monthly basis, and
all of a sudden they're sending outbills to her and their neighbors. Okay,
hold on, mind, I'm feelingconfused. She has this service and
these are clients of hers. Confusedhere? No, she uses a pool
service, oh okay, and theynever sent invoices and now they're sending invoices.

(06:09):
Now they're sending enough voices to herand neighbors for as much as four
to six thousand dollars. Okay,Well, let me ask something. The
neighbors all use the same pool service, right, yes, okay? How
for over what period of time arethey sending invoices for which your daughter didn't

(06:29):
pay them monthly for two to threeyears but they never sent an invoice?
No, I understand. So shehad no problem accepting two to three years
worth of pool service. And you'resaying they didn't send invoices, therefore she
shouldn't pay. Therefore she should getfree pool service because they didn't invoice her.

(06:55):
No, they we call several timesand they didn't respond, and we're
willing to pay the bill. Okay. Then you negotiate. Then you negotiate
with them. Then you go,we're willing to pay it. We're not
going to write you a check forfour thousand dollars, that's for sure,
but we'll be more than happy topay the bill over a period of time.

(07:16):
She's not going to get free service. She's not going to get free
pool service for three years. Yeah, I actually we're not looking for it.
Okay. Then what you do isyou start negotiating right now and you
say, really simply exactly what youjust said Eddie, saying, hey,
we tried calling you, although youdon't have any proof of that. You

(07:39):
should have sent emails, you shouldhave sent something that you can prove,
because they're going to say, no, you didn't. As a matter of
fact, they're going to say wesent you in voices, and you're going
to say, no, well,we didn't, and so if they don't
have the proof, they're in thesame position you are, if they can
somehow cheat or somehow man you acturebackdated invoices and say we send them to

(08:03):
you. And then the same questiongoes, why did you give them three
years of service and do nothing?All you did was say invoices. Don't
you think there's something wrong there whensomeone doesn't pay you for three years?
So I think you both have incentiveto negotiate. I agree, I agree?

(08:24):
All right? Now there it isgood you agree, and that makes
sense? All right? Fair enough? Hello, Maggie, you're up.
Welcome Bill. Yes, an oldtime friend of mine is now. Come
on. She's in control of ourestate once I pass. How how is

(08:46):
she in control of our home?Or okay? Wait wait wait wait wait
wait. She's the trustee of theof your home and your money all that,
and you've put all of that intoa trust. Is that correct?
Into a trust? Okay? Andshe is the trust and she's the trustee.
She is a trustee. The firstof this year, I lost my

(09:09):
husband, my son, and mydaughter. What way you lost all three?
How did that happen? Maggie?God? I well, I don't
know. I really don't know.I guess God needed him for some reason.
Don't understand. But you know whatwas the how did God actually do

(09:31):
it? You know what was thevehicle that God took your family? Uh?
In his arm? No, Igot get that. That's great.
Okay, Well no, so withthat. Was it a car accident?
Was it? Was it a sickness? No? No, an illness.
My son and my daughter both hadwrong cancer. Wow? And your wow,

(09:54):
my husband had the zeothelioma. Hewas a navy man. Oh so
sorry, Maggie. That is yeah, lose your entire family, son,
daughters and in the same year.Wow, Okay, I have I have
another daughter's son. But you know, everything goes their inheritance goes, is

(10:18):
goes to their issues, by children'sissues. Okay, got it all right?
Fair enough, that seems logical.Okay. So anyway, Uh,
she feels that she should be placedon my personal savings account. And who
is she? Who is she thetrustee? The trustee? Okay? And

(10:41):
now is your personal savings account that'snot in the trust. That's simply your
personal savings account in your name outsideof the trust. Correct, yes,
okay, And she wants to be. She wants to be put on your
personal checking account or savings account.Right, she is on my she is
on my personal account, all right, so fair enough? What she wants

(11:05):
to be placed on my personal savingsaccount? And also she wants to be
added as a Beneficiarykay, all right, So what's what's your what's your question?
Maggie, Well, I don't feelcomfortable. No, I don't blame
you. So what's your question?What should I do that? Or no?

(11:26):
No? Not. If you feeluncomfortable, if you don't want her
as a beneficiary, you don't puther as a beneficiary. Maggie. Well,
I don't want it, then youdon't do it. Then you don't
do it, Maggie, then yousimply don't do it. Let me ask
you a question. How do youfeel about me being a beneficiary under your

(11:48):
trust? What do you think?Oh? I think that would be wonderful.
No, it wouldn't. It wouldnot Maggie. You are not comfortable
with me on that account. Sono, you don't have to change anything.
And by the way, I wouldfind another trustee and I would take
her name off of that bank account. Because when you have a trustee,

(12:11):
who says who is not a beneficiaryand says I want to be a beneficiary.
That's a red flag right there,Maggie. Well that's when the light
bulb came up. Good, good, Here's what I want you to do,
Maggie. I want you to finda trust and a state lawyer.
Okay, you have to do alittle research, look under trust, a
state lawyer, and you throw thosesearch words in near me and you just

(12:37):
start talking to them because they're goingto be as offended as I am that
this benefit that this trustee wants todo that. Yeah, you, good
for you for first calling me,and you are right on. And my
last name is spelled handle h AN D E L. And I'm so
sorry about your family. I knowthat's a tough one. Wow, losing

(13:00):
Can you imagine husband, daughter,son who in one year. Now,
let me talk about your business fora moment. No matter what business you're
in, technology is a big partof it. That's just simply a way
it works today. So how doyou get better? How do you make
more money? How do you makemore profit? Well, let me suggest
net suite by Oracle. You geta snapshot of your business right there,

(13:26):
and it's not your looking backwards.You're looking at that moment. How much
money do you have? What areyour sales, what's your inventory? What
are your liabilities? You know exactlywhat's going on, which helps you simply
make reliable forecasts, improve margins,drive down expenses, everything in one place.

(13:46):
That's what Oracle does with NetSuite.So download the net Suite checklist to
see if your business can be helped. I know it will be. That's
NetSuite dot com slash handle and itfree. By the way, the download
to see if it works. Netsweetdot com slash handle. That's netsweet dot
com slash handle. Hello Greg,Welcome to the show. What can I

(14:09):
do for you? Bill? Iwas accused two days ago of raping my
daughter in law. Whoa and didyou pay for any of that wedding?
By the way, No, Idid not. Oh good at least there
at least as positive. But anyway, she accused you. She accused you

(14:30):
of raping her. Yeah, attheir house with me and my wife sleeping
in the bed. I drugged her, I raped her and uh and she
don't she We're going down there forthe fourth of July. They live in
a different state. We see themfour times a year. Okay, So
obviously you're not going down there onthe fourth of July. Not I don't

(14:52):
know what to do. Well,okay, what First of all, you're
not going to see her again,and that's why I'm calling. Okay,
So I'm calling you. Yeah,okay, you don't see her again.
That's the number one. Now thatshe has accused my son, she wants
to do She wants me to takea polygraph test. You don't have to
do anything. You don't have todo anything. I mean you can if

(15:13):
you didn't do it, but Ido. Okay, hang on, hang
on. I mean that's a goodquestion. And I would be stunned too,
Greg, I'd be screaming for help. Okay. So now I don't
know what to do. Okay,hang on a minute, Hang on a
minut. I'm going to ask youa couple of questions. When you say
she accused you in what manner infront of the family to her husband?

(15:33):
Did you call the police? Haveyou been arrested? No? Okay?
Phone two days ago Okay, myson called me and said Jenny has something
to talk to you about. Okay, she goes you rap me two years
ago? All right, So nowhere is the question. Hold on,
you got to answer these questions.Does your son believe it? Sure?

(15:54):
Does your son believe it? No? No, no, he does not.
Oh good, all right. Sowith that being said, Uh,
first of all, I would notgo down there at all. Uh.
That's it. You. You youhave now stopped and you should stop any
communication. She's out of your life, and you tell your son, this

(16:18):
is going to cause a rift wherewe probably will never be able to see
each other again. If she isin the room, if she is there,
just want to let you know,son, that that is what she
has done. Now, if hedoesn't believe it, okay, then you've
done everything right. Then you're done. Then you do nothing, greg never

(16:38):
see your again. No, youdon't do the polygraph test. No,
no, you you are done.You are finished. You're done. And
if your son wants you to dothe polygraph test, you say, son,
this is crazy. I am notgoing to do this, and this
is causing a rift. You don'tbelieve it, you know it's not true.

(17:02):
You deal with it until she callsthe police and makes a formal accusation.
And if she does that, it'sjust her word for it. That's
not gonna fly. I don't thinkso. I mean the police, there
may be an investigation. But ifshe just says you did it, and
you know, no, I didn't, and it's not corroborated, I don't

(17:22):
know where she's gonna go. Man, that's bad luck. And your son
clearly married the wrong person. Wesleep in the same same hall. No,
you don't, not anymore. No, no, no, no,
it's done, Greg You don't sleepin the same house. You're done.
You're done ever getting near her finished. I'd be frightened too, and I

(17:45):
would congratulate my son, whatever hisname is. You certainly married the right
person. You know, there's abig mazle toe for you. Good God.
Angela, Hello Angela. Well themhim Bill, my husband and me
are co signers on my daughter's studentloan, and they are just harassing us,

(18:11):
putting us through all this stuff.And what I want to know is
if I decide to not pay forthe loan because they're they're acting like we
don't. My daughter on several occasionshas showed me her bank account that they
take it out of the same dayon the tenth of Okay, so the
bill, okay, hold on asecond Angela, So the payments are current,

(18:34):
right, yes, okay, andyou can prove the payment and you
can prove the payments are current.Yes, yes, okay, good.
And so next time they call you, what do they want? By the
way from you, do they wantthe entire amount? Do they want?
A? They want? What dothey want? Angela? They want money?

(18:55):
They want okay, how much?Twenty seven thousand? Want it all?
Now? Is what you're saying?No, no, no, no,
no, they just want They say, we're always late or not current,
and you can prove it, andyou can prove the difference. You
can prove that you are current.Yes, I can. No, it's
not hard to believe. It's notat all hard to believe. So,

(19:18):
Angela, what to do? Iget it? So? Now, why
is it that everybody's talking over mewhen I ask questions? Angela? Here's
what you do. You let yougive them the last two years of statements
where it shows the money was takenout and it shows that it was appropriately
paid for. You send it tothem someone is harassing you, or you

(19:41):
send it to the company. Ihave no idea how you get to whoever's
harassing you. But if you've gottenphone call, no, no, you
are not so next time someone callsyou, you smile and say, I
am recording this phone call. Youare harassing it. Hang up instantly.
If they don't hang up and theyhave information that you are a late paid

(20:06):
then then they're getting the wrong informationfrom the lender. And you say,
uh, there will be no morephone calls. Who do I send the
proof to that these payments are currentand we've never been late. Remember,
I'm recording this. Uh, they'regoing to drop it now. What you
want to do, Angela, ispray they keep harassing you. You want

(20:29):
them to harass you, because thatis a terrific lawsuit. It's a federal
offense for them to do this.It's in violation of federal law. For
them to continue harassing you use theword harassment. Make the payments or prove
to them the payments are on time. More chances, Bill, I'm sorry,
you don't. Can't. You haveto pay it, Angela. You

(20:53):
have to pay it. Every month. You have to pay. You have
to pay. One thing has nothingto do with the other. They are
harassing you. They are violating thelaw, but it does not change that
you owe the money. By theway, why is your daughter paying it?
Oh? They are fine. Idon't know. Then then I have
no idea why they're bugging you.But what they're doing is clearly setting themselves

(21:18):
up for a terrific lawsuit. Usethe word harassment. Send them the proof.
If they keep on doing it,send them a proof again. And
if they keep on doing it,send them a proof again, like no
other. Yeah, I wanted toknow, Bill was if I tell her
don't pay it, who are theygoing to come after? Are they going

(21:38):
to come after us? Yep,They're going to come after both of you.
They're going to come after both ofyou, yep, and there'll be
a judgment against you. Yep.You have to pay. You've got to
pay. But at the same timeI tell you they're in violation. That
is I mean, especially can youimagine, Hey, I don't know the

(21:59):
money, here's the proof. Youhave to pay us. Two weeks later,
I don't owe the money, here'sthe proof. I mean. Can
you imagine a collection agency or alaw firm that does collections doing that.
That's lawsuit city. Hello, goodmorning, Yes, sir, I'm a
diabetic and I have no credit card, I have no debt garden. I

(22:23):
was in LA I went to arestaurant to grab I need a glass of
juice to drink him, and theyrefused to take cash. I almost went
to a diabetic shock, and Mike, I have This is the two questions.
So instead of the basically start mockingme, they start mocking me.
You know, don't even where you'recoming from that you have no cash.

(22:47):
This is your you have no debt. Cardo. By the way, where
where do you come from? Ithink I recognize the accent. Where are
you coming from? You? Iwanted to do. That's almost a Brazilian
accent. You know, I wasborn in some polo, so we can
almost understand each other. Uh,you know, you'll follow Portuguese, follow

(23:10):
Portuguese and not quite but it's close. Okay. So they're mocking you because
you have an accent, and they'remocking you because you are cashless. Right
well, they're marking me one becausein libidot scheme and they told me to
go back to my country at thiscountry that we only use the credit okay,
all right, all right, Sothey're marking you and and the other

(23:33):
issue is you almost went into adiabetic shock. That's correct, okay.
And you want to know what youcan by the way, when you had
the drink and you try to paycash, did you end up drinking it
or they took the drink away fromme and they took the drink away from
Okay, all right, so andyou want to know what I need to

(23:55):
know if if I have two questions? First question, is illegal for the
business now? Unfortunately it's not atthis point. They're allowed to be a
cash list business. They're allowed todo that. Okay, I think,
yeah, there are cases going upthat I think are going to prevail saying
there are people like you who don'twant a credit card, or are too

(24:18):
poor or really don't have a wherewithalthe deal with banks and do they not
get the opportunity to buy anything.So there are court cases going up,
but not yet that hasn't been determinedyet. Good. So my second question
the bill, if you don't mindthat I gonna I'm gonna hire a social
media for six months to explain andto tell the you know, to trash

(24:41):
bsic or to thrash this business forwhat they did to me. The fact
that the understand no, I understand, I understand you're going to go on
social media and trash them. Igot it. So what's your question?
Is illegal for me to do that? It's not visual perfectly legal as long
as you don't say, this iswhat they do. They're a bunch of

(25:07):
thieves. They steal money. Justsay what they did to you, Paulo.
I'm just say, hey, hereis what happened to me, and
I want everybody to know about it. And they treated they treated me like
crap, and they did. Theymade fun of me, and they made

(25:30):
fun of my skin color. Ifthey did. If as long as you
just say exactly what happened, you'reokay. By the way, the fact
that you almost lent a new diabeticsstroke, that doesn't matter. Nobody cares
because almost doesn't work in the law. Can't do that. Almost is only
good in atomic weapons and horseshoes.That's it, Thank you, real.

(25:53):
I appreciate that, all right.Yeah. And the other phrase I always
have, and it's one of myfavorite, and that is, if my
grandmother had gonads, she would bemy grandfather. But she doesn't see how
that works. A meteorite almost tookmy head off while I was sitting in

(26:14):
a McDonald's. But it didn't,did it? No? But it could
have, all right, let's fora moment talk about your breath. That
can get pretty disgusting. As amatter of fact, someone else's breath that
your breathing is even worse. Sowhat can you do about it? Well,
you take a mint, all right, and that sort of works in
your mouth, and then a fewminutes later or a half an hour later,

(26:37):
that's all gone. With Zelman's MintyMouthmans, that's a very different thing
because Zelman's Minty Mouthmans are not justa mint, because you certainly suck off
the minty coating, but there arealso capsules that you swallow after that.
You can also bite into them,and those capsules have parsley seed oil and
you swallow it goes into your gutand so much bad breath comes out of

(26:57):
your stomach because the foods that youeat, Zelmans takes care of that.
I'm clinically tested against even garlic andonions. I mean, this is really
good stuff. A money back guaranteethat I know you're never gonna use,
never heard of anybody using it,and free shipping if you order multiple packs

(27:18):
Zelmans dot com. I've known themfor over thirty years. This stuff is
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fifteen percent off when you use thecode handle at check out and get your
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