Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:00):
And welcome to Handle on the law.
Speaker 2 (00:03):
Before I get into the monologue and start taking phone calls,
I want to remind you that I have a podcast
that's up and running, and it's the Bill Handle Show podcast,
and it's not what I do in the morning Monday
through Friday. It's a separate podcast which I talk about
current events and throw history in there and my analysis
whatever that's worth than just stuff and what it has
(00:27):
drop Every Tuesday and Thursday, a new episode drops at
nine o'clock Pacific and what recently would I've done? Then
some news on the assassination attempts and Boeing the Boeing
Company of its problems, and then stuff like two episodes
on how dying is better than living.
Speaker 1 (00:47):
I love stuff like that.
Speaker 2 (00:48):
It's the Bill Handle Show podcast and the website is
the Bill handleshowpodcast dot com. Now I want to tell
you about a lawsuit that has just been filed. Back
in twenty twenty three, there was yet another accident on
Pacific Coast Highway in Malibu and four Pepperdine students. And
Pepperdine is a school right above Pacific Coast Highway overlooking
(01:11):
the beach. As gorgeous campus So there were four Pepperdine
students that were walking. They were killed when a car
swerved off the road, and they filed lawsuits against the
state of California, against Caltrans, against the California Coastal Commission,
against a La County, and against the City of Malibu.
Speaker 1 (01:34):
Why because the.
Speaker 2 (01:35):
Argument is allegedly dangerous roadway design. And this gets to
be a really tricky lawsuit because I mean, obviously there
are always very severe damages. People die, they are permanently damaged,
traumatic brain injury or whatever. And the argument is that
the roadway was so badly designed and built. And this
(01:58):
is you're talking about a county roadway or in this
case a local roadway overseen by Caltrans California Transportation Department,
that all of a sudden, now.
Speaker 1 (02:10):
You're talking about a serious lawsuit.
Speaker 2 (02:12):
That's what happened here, four kids dying, and okay, you know,
I mean that's a real difficult lawsuit to prove. First
of all, you have to have all kinds of engineers.
They are experts who are going to argue it's badly designed.
And these guys are hundreds of dollars an hour. I mean,
it's thousands and thousands of dollars just to get the
experts going. And of course you can bet the city
(02:34):
the county is going to have their experts, their engineers
argue the other way. But let me tell you why
I think this lawsuit may actually fly. Since twenty ten,
fifty nine people have been killed on that portion of
Pacific Coast Highway. Fifty nine people. Now we're not talking
about just an occasional death that happens as a result
(02:57):
of negligence. And they know people's speed and they have
now that for years and have never changed the way
the roadway is maintained or it's designed.
Speaker 1 (03:07):
It's really and I don't know what they could do.
Speaker 2 (03:10):
I'm not a designer, obviously, I'm not a roadway engineer,
but I'm thinking that this one, this one is going
to fly. And usually you go for deep pockets. And
you know, I always tell you and when you say it,
can I sue?
Speaker 3 (03:24):
I go?
Speaker 1 (03:24):
Of course you can sue.
Speaker 2 (03:25):
Do I have a case. Of course I have a case?
Or of course you have a case. Now how do
you collect the money? Is the defendant assuming you win,
do you have a chance of paying getting paid all?
That may be a problem. Yeah, that may be a problem.
So you always reach for deep pockets. This is what
I told you. If you're gonna get run over and
you gotta lose your head in a car accident, get
hit by an Amazon truck or Coca Cola or UPS delivery,
(03:49):
that's what you want to get hit by. In this case,
let me tell you the deep pockets are that. I
think there's money there, the State of California, Caltrans, the
Coastal Commission, La County.
Speaker 1 (04:00):
Yeah, I think there are deep pockets there, to say
the least.
Speaker 2 (04:03):
All right, phone calls that hello Dad, Yeah, Bill, good morning.
Speaker 1 (04:10):
Yes, sir.
Speaker 4 (04:12):
Parton, My with English with Me is actually an English Okay.
Speaker 1 (04:16):
Where are you from? Give you a where are you from?
Speaker 3 (04:18):
I'm from Vitnam?
Speaker 1 (04:19):
Oh okay, all right, came here.
Speaker 4 (04:22):
In the nineteen nineties. Listen to your shows ever since?
Speaker 3 (04:25):
Were you?
Speaker 4 (04:25):
Were you English?
Speaker 5 (04:27):
And everything?
Speaker 1 (04:27):
Were you speak great English?
Speaker 3 (04:28):
By the way?
Speaker 1 (04:29):
Were you a boat person?
Speaker 4 (04:31):
Oh no, I'm not lucky me?
Speaker 3 (04:33):
All right?
Speaker 1 (04:34):
So you were a seven forty seven person?
Speaker 3 (04:37):
Yes?
Speaker 1 (04:37):
Okay, of course. Okay, what can I do for you?
Speaker 6 (04:40):
Dad?
Speaker 4 (04:41):
So I listened to your podcast episode about President show Parton,
and I have a feeling that it kind of has
a conflict with the Constitution of the United States. Ok
supposedly it said. I supposedly it said no one is
above the law.
Speaker 1 (05:00):
Right, Okay, that's actually that.
Speaker 2 (05:03):
Usually these hypothetical constitutional several lights questions I throw away
saying get a life.
Speaker 1 (05:09):
But this happens to be a very actually a very
very good one.
Speaker 2 (05:12):
So I'm going to go back to my law school
and where I taught law school. So I'm going to
be a professor of law, and there you are that
you're a student, and I am going to say that
while it appears that the pardon is in conflict with
the concept that no one is above the law, let
(05:33):
me let me ask you this and how how you
answer this one.
Speaker 1 (05:38):
The pardon power is in the Constitution.
Speaker 2 (05:41):
Specifically, the president is given the ability of absolute ability
to pardon. The concept of no one is above the
law doesn't appear in the constitution. It's just implicit in
the Constitution. I mean, there isn't no specific language. And
I don't see how the two connect, because if the less,
it is given the right to pardon people and it's
(06:03):
in the constitution. You know, it's written right there, Dad, Yeah,
So there really is there isn't There isn't a conflict,
but good for you thinking about that, that is good
for you. You know, I've always thought that the Vietnam
boat people, although Dak came over on seven forty seven,
so it was probably a little easier.
Speaker 1 (06:22):
The food's better because when they're going across.
Speaker 2 (06:25):
These little boats for three thousand miles and there's two
hundred people in a rowboat and you know, half of
them die, it's a little easier. Maybe the food isn't
good on a seven forty seven, you know, on whatever
air carrier, But the people who have traveled that far
to come to America escaping in this case, it was
escaping Vietnam. Is it's extraordinary story. This is not crossing
(06:50):
the border. This is not coming in from Cuba, which
is ninety miles. This is three thousand miles of open ocean.
I mean, it is no joe. And then to give
you an idea of the strength of the Vietnamese people
who do this, I mean it is extraordinary. They get
off the boat, don't speak a word of English, which
(07:11):
is the case of debt, not a word, and I
mean his English is superb. But I'll tell you the
kids that come over right, they're teenagers. They come over
at ten or eleven, and those kids are there for
here for six months, and they win the Westinghouse science contests.
I mean, these kids are insane. It's it's a it's
a very strong culture.
Speaker 1 (07:32):
I admire.
Speaker 2 (07:33):
I admire that culture very very much. And and I
like Vietnamese food too. It's great stuff, a lot of lemongrass,
very very good stuff.
Speaker 1 (07:42):
We'll start with you, Nancy.
Speaker 5 (07:43):
Hi, Nancy, Yeah, thank you. I would like to know
if legal to put the cash in the safety box
in the bank.
Speaker 2 (07:57):
Uh yeah, Well, let me ask you this. How did
you get the cash? Did you rob a bank?
Speaker 3 (08:03):
Did you? Uh?
Speaker 2 (08:05):
How where did you get the cash? And how much
cash are we talking about here, Nancy.
Speaker 5 (08:11):
I'm calling for my friend, you know, a hypothetical friend okay,
passed away? Yeah, and she have a life insurance Okay.
Speaker 2 (08:23):
She wants to Okay, So okay, So the cash is
from life insurance, yes, okay. So so she gets a
check for life insurance.
Speaker 1 (08:32):
You have to know how much life insurance.
Speaker 5 (08:33):
There was, oh, sixty.
Speaker 2 (08:37):
Sixty thousand dollars, yes, okay, and then she transferred that
into sixty thousand dollars in cash, right, yes, Okay, So
she goes to the bank with a sixty thousand dollars
check and goes here, I would like sixty thousand dollars
in cash.
Speaker 1 (08:51):
Correct.
Speaker 5 (08:53):
The first time when she had it, she put in
the bank first, she put it in saving for saving first,
and then she took out like five or sick or something.
She hold on to it. Now she wants to put
she doesn't want to put in the bank in the
safe okay.
Speaker 2 (09:12):
She wants it in a safe deposit box as opposed
to the bank holding it because you know, she doesn't
trust banks or whatever. By the way, I just wanted
to go through the story just to let you know, Nancy,
it is perfectly legal to put as much money in
cash as you want. You can find you put five
million dollars of cash into your.
Speaker 1 (09:29):
Safe deposit box. The issue is how you got.
Speaker 2 (09:32):
The money, and anything over ten thousand dollars is immediately
reported to the government. I just want to let you
know that because of the fear this is drug money.
That's why I went back to you know, where did
she get the money? And I knew it was legal.
I was just kidding you.
Speaker 1 (09:47):
At that point.
Speaker 2 (09:48):
But yeah, there is nothing illegal about having cash. There
is nothing illegal about putting it wherever you want. You
can put it under mattresses, and you could put it
in a safety deposit. B. And if sixty thousand dollars
taken at one point, the government is is told about it,
and the irs is.
Speaker 1 (10:07):
Told about it.
Speaker 2 (10:08):
But you know, okay, now what most of the time
they don't even investigate. And if it's if it's a
lot of money, I mean, they ain't come around and ask,
you know, Nancy, where did you get sixty.
Speaker 1 (10:19):
Thousand dollars in cash?
Speaker 2 (10:20):
And you say, well, here's the checks from an insurance company.
Speaker 1 (10:22):
I asked for a cash because I don't trust the bank.
You're done. Yes, you can keep as much as she
wants in the bank.
Speaker 2 (10:28):
Okay, you're fine. Yeah, sort of a long I should
have just answered it. Yeah, she can take as miss
cash as she wants.
Speaker 1 (10:36):
Christine, Hi, Christine, welcome.
Speaker 5 (10:39):
Try.
Speaker 7 (10:40):
In June of twenty eleven, I went to the emergency
room and the surgeon found that I had a schemeral hernia,
so they put in a mesh and fast forward. I
had repair surgery because the mesh failed. In July of
twenty twenty two, you see, la. They fixed it, but
about two weeks after that, my leg just swelled up.
(11:03):
So they tested me for being found gross or anything
like that. Didn't find anything. So I am basically working
with my new doctor. They've got cardiology involved, potentially lymphatic,
but my leg is swelling all this. Wow, all right,
pressure cuff. Yeah, that's really depressing.
Speaker 1 (11:25):
No kidding, Christine, what's your question?
Speaker 7 (11:29):
So it was one of the first mesh, was one
of the bad meshes that are recalled. I just don't
know if this is worth you know, looking into.
Speaker 1 (11:38):
Yeah, it's worth looking into. It was recalled. Was there
a class action suit?
Speaker 8 (11:44):
Was there?
Speaker 1 (11:45):
Did you opt out of the suit? Were you not
were you notified?
Speaker 2 (11:48):
There's a million questions here that have to be answered.
And if the mesh was replaced and it blew up
two years ago, is that a single defective mesh that
was put in replacement and the damages are high in
this case, there may be a class action lawsuit, there
may not be. But here's what you get to look at, Christine.
(12:11):
The name of the company the.
Speaker 1 (12:14):
Mesh, I know, I know that.
Speaker 7 (12:15):
Yeah, I know the name of the company.
Speaker 2 (12:17):
No, I understand what you throw all of this into
a Internet search and throw in all these words lawsuit, lawyers,
name of the company, and my guess is you are
not alone on this.
Speaker 1 (12:29):
If you are alone on this, and it could be, it.
Speaker 2 (12:31):
Could be you just got a single defective mesh on
your hands, then what you want is a straight out
medical malpractice attorney that's actually going to go to design
defect because they're going to go after not the doctor
who put it in, because it doesn't sound like there's
any mail practice there, but it's the manufacturer of the device.
Speaker 1 (12:49):
The stem being, the stent being a device.
Speaker 2 (12:53):
So first look up see if there's any legal action
going on right now regarding that mesh that was put in,
the stent that was put in, you contact the lawyers
and if not, straight out med malpractice attorney. And yeah,
because it sounds like you got something there, it really does.
Speaker 7 (13:09):
Well. I talk I have another attorney working on a case,
but they just declined. I think it was before the
adema started.
Speaker 1 (13:18):
Okay, well, there's one or two things there.
Speaker 2 (13:20):
You've got an attorney who a lot of them just
don't want to do the work because we're talking about
if you're talking design defect or a device that is
that is defective.
Speaker 1 (13:31):
It's a lot of work because the company's really really
back that up. I mean, they don't just roll over.
Speaker 2 (13:37):
The other thing is that the lawyer may have simply
said it's not there's not enough there for me to
continue it. Now that you have a dema and there
look like other complications, yeah, you.
Speaker 1 (13:49):
Know, now it may be worth more.
Speaker 2 (13:51):
You may want to contact the lawyers say hey, this
is what's happened.
Speaker 1 (13:54):
Since does that change your position?
Speaker 2 (13:57):
And if the lawyer still says no, then just go
out and start looking for med malpractice attorneys and you'll
know whether the case is worth it or not.
Speaker 1 (14:06):
You go through two or.
Speaker 2 (14:07):
Three of them, and if all three say nah, I'm
not interested, then you know there isn't much there. But
it sounds like there is. How big is your one
leg versus the other?
Speaker 7 (14:17):
And it's pretty at least one shoe size larger and
pantlings and all that.
Speaker 2 (14:23):
Oh, so you can see it. So one leg is
like ballooning in public if I were to look at you. Yeah, okay, okay,
how's that for self esteem?
Speaker 9 (14:32):
Huh?
Speaker 10 (14:33):
Oh?
Speaker 7 (14:33):
Absolutely?
Speaker 2 (14:35):
Therapy for excellent well said, well said. Now, the less
your business spends on delivering your product or service, the
more margin margin you're going to have and the more
money you're going to keep.
Speaker 1 (14:48):
Everything is more expensive of these days. I mean everything.
Speaker 2 (14:50):
Costs have gone up on materials, employees, distribution, borrowing money,
I mean, all of it is insane. Just go to
a restaurant. I just did that yesterday. I can't believe
these prices. This is for two people, not one.
Speaker 6 (15:01):
Wrong.
Speaker 2 (15:02):
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as an office suitees NetSuite dot com slash handle NetSuite
dot com slash handle Hello Joe, what can I do
for you?
Speaker 8 (16:00):
Well, hey, Bill, I own a property out of state
or rental property, and about three years ago I had
a contractor. I hired a contractor to do a bunch
of work on it. Now I'm getting notified from a
subcontractor of his that I'm being I'm included in a
(16:20):
lawsuit for not being paid. And so my question is
is do I have any kind of defense for I've
never I don't even know who the subcontractor is, never
hired him, never talked to him.
Speaker 2 (16:32):
Well, usually you don't know who subcontractors are. I mean
when you hire a general contractor, I mean, do you
know who the subs are?
Speaker 1 (16:39):
Do you talk to them.
Speaker 2 (16:41):
I'm in the middle of the remodeling house. I bought
a new house and I had to do some work.
So I hired a general and people show up and
do work on it, and I have no idea who
they are. All I know is that, Okay, the guy's
putting up baseboards and you know there he is.
Speaker 1 (16:56):
So did the subcontractor work on your property? That's for starters.
Speaker 8 (17:03):
I wouldn't know it's out of state.
Speaker 2 (17:05):
Okay, then I mean that you have to find out
and have you already been sued or is this merely
a letter?
Speaker 8 (17:12):
No, I've actually have a court case.
Speaker 1 (17:14):
Oh okay, And I'm assuming you how much money do
they want?
Speaker 8 (17:19):
I believe it's around ten.
Speaker 1 (17:20):
Ten thousand dollars.
Speaker 2 (17:21):
Well, you may have to hire a lawyer to straighten
this out because you could be liable if your general
did not pay your sub there it depends on the state,
and I don't know how Arizona works, but I am
assuming a preliminary notice of lean was not filed on
the property because you didn't receive it from the sub
(17:43):
And in California, for example, subcontractors can sue homeowners if
they don't get paid, even if you've paid the contractor,
but they have to file something called preliminary notice of
lean within ninety days, giving them the right to sue you.
Speaker 1 (17:58):
All kinds of rules.
Speaker 2 (17:59):
So if this is Arizona, you've got to talk to
an Arizona lawyer that does construction law.
Speaker 1 (18:05):
And that's it. You buy half an hour.
Speaker 2 (18:08):
You just ask the question and you say, can I
just show you this? And you know you'll see what
you can do, and then it becomes a negotiation process.
Speaker 1 (18:15):
I mean, it could be that you're not liable at all.
Speaker 2 (18:17):
It could be that he does have some case, but
then he has to prove he's done the work. He's
got to prove that it's worth ten thousand dollars. I mean,
it's not the easiest thing in the world. Just give
me some money, so it's worth it's worth having a
lawyer talk to that subcontractor. That's when construction law kicks in,
and that gets second be pretty complicated stuff. You know.
(18:38):
I spend a lot of time telling people you got
to get a lawyer because a lot of people don't know.
Rarely do I say, now, you can do this when yourself,
because I just don't get that many what don't I get?
Speaker 1 (18:50):
Hey, Bill, can I do a divorce on my own?
Speaker 3 (18:52):
Yeah?
Speaker 1 (18:53):
Go to the website. Hey can I do on my own?
Speaker 3 (18:55):
Yeah?
Speaker 1 (18:56):
Small small claims court?
Speaker 2 (18:58):
Yeah, you do that yourself, and then you get the
other stuff and it guys me completely nuts.
Speaker 1 (19:02):
Okay, Cheryl, let's go to you. Hello, Cheryl Hie.
Speaker 9 (19:09):
Okay, I got my I'm suing a fencing company due
to the fact that it blew over after a couple
of weeks, the company or your friends, my friends, oh.
Speaker 1 (19:20):
Your friends blew over? Okay, I just didn't want to
conflate the two, all right.
Speaker 9 (19:24):
It was it was real crappy material. So I paid
them with a check for my trust and it was
like twenty seven thousand dollars. There was a lot of fencing.
And I'm a beneficiary on that trust.
Speaker 1 (19:38):
And how did you pay that?
Speaker 3 (19:40):
Wait?
Speaker 1 (19:40):
Wait, wait, wait wait wait, Cheryl h.
Speaker 2 (19:43):
How did you pay them out of the trust If
you're not the trustee.
Speaker 9 (19:50):
I'm the beneficiary.
Speaker 1 (19:51):
That doesn't matter.
Speaker 2 (19:52):
So is oh wait, wait, wait, wait wait wait a
little conflated here, a little bit confused. Okay, is the
property owned by the trust the trust wrote the check?
Speaker 1 (20:02):
Correct?
Speaker 2 (20:03):
Yes, And you are not the trustee. You're a beneficiary under.
Speaker 1 (20:06):
The trust, that's right.
Speaker 2 (20:08):
How did you write the check if you're not the trustee?
Beneficiaries don't doubt the ability to write checks against the trust.
Speaker 1 (20:16):
I know only the trustees have a right to do that.
Speaker 9 (20:19):
He did, he did it?
Speaker 3 (20:20):
Okay? Who did it?
Speaker 9 (20:21):
He wrote the check? Who the trustee wrote the check?
Speaker 7 (20:24):
Oh?
Speaker 2 (20:25):
Okay, so you didn't pay the trustee wrote the check?
Speaker 9 (20:28):
Okay, now right, but I hired the fencing company.
Speaker 1 (20:31):
Yeah, I know, I understand that makes sense. Okay.
Speaker 2 (20:32):
And the trustee wrote the check and wrote a twenty
seven thousand dollars check.
Speaker 1 (20:36):
Okay, Now what your question? You hate it?
Speaker 2 (20:39):
You they did a rotten job. You want to you
want to sue the fence company?
Speaker 1 (20:44):
Correct?
Speaker 9 (20:44):
I'm suing them? Yes?
Speaker 1 (20:46):
Are you suing them? Are you hold on? Are you
suing them individually?
Speaker 9 (20:52):
Yes?
Speaker 1 (20:53):
Okay. The trust is not suing this.
Speaker 9 (20:56):
No, the trust is suing them. The trust is suing them.
I had to have the trust sue them because he
wrote the check.
Speaker 1 (21:03):
That is correct. So what's your question, Cheryl?
Speaker 9 (21:06):
My question is does my trustee have to be present
at the hearing?
Speaker 3 (21:12):
Yeah?
Speaker 1 (21:12):
Probably? And this is twenty seven thousand dollars.
Speaker 9 (21:18):
No, it's just ten thousand. It's ten thousand because it
cost me ten thousand dollars to repair to put the
fens back.
Speaker 2 (21:25):
Okay, ten thousand dollars, I mean, yeah, probably, Because here's
what the defendant's going to do.
Speaker 1 (21:32):
Who wrote the check? Well, my trustee, who's a trustee?
Where's your trustee?
Speaker 2 (21:37):
How can you prove that that trustee that that's the
check written out of the trust. Yeah, he probably has
to show up because he's the one.
Speaker 1 (21:43):
That's suing, right, Yeah, he's the one that's suing.
Speaker 2 (21:48):
You can't have you can't have a trust, a trust
walk in and sue without some human being there because
trusts can't talk.
Speaker 9 (21:58):
I thought maybe it would be okay.
Speaker 1 (22:02):
No beneficiaries.
Speaker 2 (22:03):
No, you being a beneficiary under the trust has nothing
to do with this this.
Speaker 1 (22:06):
Lawsuit where the trust is suing for breach.
Speaker 2 (22:10):
Uh okay, uh Charles hi, Charles, yeah, Charles, you're up.
Speaker 3 (22:21):
Okay.
Speaker 6 (22:22):
The situation is about an immigration a couple they were
previously married to the United States citizens chief from Great Britain.
They parried in the United States for the years they
got there. She moved back at Great Britain, Howard and
then connected. She wants to move back to the United
(22:42):
States and get married to this gentleman. And the immigration
is now that she has to apply for citizenship and
stay in Great Britain. Yeah, freaking fire back and forth.
Speaker 1 (22:57):
Yeah, that's the rules. Yeah, they yeah, they change the rules.
Speaker 2 (23:02):
Okay, hold on, hold on. The answer is yes, they've
changed the rules to that one. So now what uh so,
what's the situation now? She wants to move back, and
they're telling her she has to stay in Great Britain.
Speaker 6 (23:14):
Child wants to get married here so that she can
travel free back to Great Britain and okay, the United States.
Speaker 1 (23:21):
All right, so what's the question.
Speaker 6 (23:24):
The question is, because they were married prior in the
United States, is there any loophole?
Speaker 2 (23:31):
No, no, no, either they're no no no, no, Charles.
Either they're married or they're not married. If they're married,
it's a different set of rules than if they're not married.
And clearly they're not married. Now if they get married again,
then the were married rules kick in. So that's what
(23:52):
they have to do is get married. Previous marriages mean nothing,
nothing care us. Jerry, Hi, Jerry.
Speaker 3 (24:06):
Morning Bell. I had a question for you.
Speaker 8 (24:09):
Went to our public dog park and there's no leashes.
Speaker 4 (24:15):
The dogs all run around and play with each other,
chase each other, smelling each other all that.
Speaker 3 (24:21):
To make it short, my dog was.
Speaker 8 (24:24):
Playing with another dog and they bit the dog on
the ear.
Speaker 3 (24:30):
So the lady that had the dog got all excited
and said, your dog bit me.
Speaker 6 (24:34):
Your dog bit my dog.
Speaker 3 (24:36):
And we looked at a little tiny scratch almost so
she said, I'm taking it to the vet and This
was on a weekend, so that's an event emergency, and
the costs go up big on the weekends. But anyway,
so this was on a weekend.
Speaker 8 (24:57):
So I saw her a couple of days later the
dog park and she came up to me and she.
Speaker 3 (25:02):
Said, oh, I've left it. Left a bill in the
car for you. And she says, I took it to
the vent and it was eight hundred dollars, right, and
she said, and she wants me to pay eight hundred dollars.
Speaker 1 (25:15):
I wants your questions my dog.
Speaker 3 (25:18):
My question is do I have to do that?
Speaker 2 (25:20):
Or well, Jerry, if she wins in small claims court, yeah,
you have to.
Speaker 1 (25:25):
Do that, but I would start with no, thank you.
I'd rather not.
Speaker 2 (25:30):
And because they were playing with each other, your dog
provoked my dog. And when you go to a dog
park and the dogs are unleashed, and everybody knows that
there is a risk that the dogs can nip at
each other or bite each other, unless your dog has
a reputation of biting, unless your dog is known to
(25:53):
be aggressive.
Speaker 1 (25:55):
And if none of that happens, what kind of dog
do you have?
Speaker 3 (25:59):
Labrador?
Speaker 1 (26:00):
Ooh, what kind of dog? Did your dog eat it?
Speaker 3 (26:05):
Looks kind of like a snousier.
Speaker 1 (26:07):
Oh, it's like a like a Schnauzer. So your dog
is like hugely bigger than the Schnauzer.
Speaker 3 (26:13):
Quite a bit.
Speaker 2 (26:14):
Okay, well all right, but you know I mean, oh,
your dog's a lab. Oh.
Speaker 1 (26:21):
No, labs are great. Labs are the sweetest people in
the world.
Speaker 2 (26:23):
I thought you for some reason, I thought you were
gonna get a Rottwiler or no whatever. No, labs are great. Yeah,
labs are the sweetest, sweetest dogs in the world.
Speaker 1 (26:33):
Are Yeah.
Speaker 2 (26:33):
I would you know, I would just tell her no.
She may end up suing you in small claims court
for all I know. But the argument is going to
be your honor. This was a dog park. I have
a lab, sweetest dog ever. There's never been any indication
this dog provoked my lab. They were playing, or they
were just nipping each other, and she went on a
(26:56):
weekend and hopefully your h the judge is a lab
owner as opposed to a miniature Schnauzer owner. But you
simply tell her no, or if she decides she's going
to sue.
Speaker 1 (27:07):
You, you negotiate with her.
Speaker 2 (27:09):
But the answer is you don't have to pay until
there is a judgment against you.
Speaker 1 (27:13):
Okay, all right, all right, there you go dog eating
dog stories. Denise, you're up. What can I do for you?
Hi Bill?
Speaker 9 (27:24):
Yes, mam, I had some property.
Speaker 10 (27:26):
Yeah, I have some property in San Bernard. Do you
know two lots. They were vertical lots. There was nothing
on them, just dirt lots, vertical.
Speaker 1 (27:33):
Lots, one on top of the other. How many feet apart?
Were they? Side side by side, side by side?
Speaker 2 (27:39):
Because I was singing gravity and all of that issue, okay, just.
Speaker 3 (27:43):
Side by side.
Speaker 10 (27:44):
But okay, well you can't build on them.
Speaker 6 (27:45):
They were just dirt lots.
Speaker 10 (27:46):
We went at them and you can't build anything. So anyway,
we sold them about a year ago, two years ago.
Then I get a letter from them about six to
eight months later saying, oh, we want you to sell
us the mineral rights. And I go, I don't know
about any mineral rights, and they said, well, yeah it
has mineral rights, but you know, we want to buy
the mineral rights. And I said, well, how much are
(28:09):
you going to give me? And they said one hundred dollars?
Speaker 4 (28:11):
So I said, I don't think so, you.
Speaker 10 (28:13):
See, I think you better come up with a little
bit more money than that.
Speaker 1 (28:16):
Well, how do you don't even know?
Speaker 3 (28:17):
Me?
Speaker 2 (28:17):
You if you don't even know there are mineral rights
and there are mineral rights, Denise, wouldn't you find out
how much what the mineral rights are usually it's oil,
and what it's worth and how much you the company
is paying.
Speaker 1 (28:32):
For the rights.
Speaker 7 (28:33):
Yeah, see, that's what I don't know.
Speaker 2 (28:35):
Then you find out and forget about this. There's no
legal issue here. You're at the investigative stage. You get
to find out. You can find out who has the
mineral rights. That's easy. You pull title on that and
you so if you have the mineral rights, you have
to track down. You have to track down where those rights,
who is paying for those rights?
Speaker 1 (28:57):
And to whom? How long did you have this property?
Speaker 10 (29:00):
Oh see what was passed down to my from my god?
Speaker 7 (29:04):
There?
Speaker 1 (29:04):
Yeah, you get to find out, you both.
Speaker 2 (29:06):
Yeah, you better find out who who is paying that
U and it could be worth a hell of a
lot more than one hundred dollars.
Speaker 3 (29:14):
I'm sure it is.
Speaker 1 (29:15):
Yeah.
Speaker 2 (29:15):
I mean I had a house that I sold and
I bought it with mineral rights. It came with mineral rights,
very unusual in Los Angeles, and my mineral rights, I
mean it wasn't huge, but I was getting about three hundred,
three hundred and.
Speaker 1 (29:28):
Fifty dollars a quarter.
Speaker 2 (29:29):
Okay, so let's say it was twelve thirteen hundred dollars
a year that I was getting in mineral rights. I mean,
that's not a fortune, but it's worth a lot more
than one hundred bucks.
Speaker 9 (29:39):
I'm sure it is.
Speaker 10 (29:40):
Yeah, and said, we're not selling no mineral rights to anybody,
all right, then find.
Speaker 2 (29:44):
Out but you should be getting the but you should
be getting the royalties, So find out where they're coming from.
Speaker 1 (29:52):
Samuel, Hi, Samuel, welcome, Thank you.
Speaker 3 (29:56):
For taking my call. Okay, here's a situation disabled individual, Okay.
And I lived near downtown, but I was up in
north Ridge, Okay, which I think is a good area.
But and I was near the Jack in the Box
over there on Plumber Street, okay. Uh. And I was
(30:16):
in a wheelchair and I was waiting for my ride,
and the you know, the the the inside portion of
the restaurant was not open, you know, because it was late,
about ten thirty at night. And I went over and
a guy did me a favor and and got me
some food like some tacos and whichever, which actually is
part of the point. The guy that was there, he
(30:38):
actually saw them get me the tacos. So he came
over and he demanded the tacos.
Speaker 2 (30:43):
And some guy, somebody just demanded the tacos. I'm confused.
Not the person that gave you the tacos. No, someone
else demanded the tacos.
Speaker 3 (30:53):
No. He was a homeless guy with a big tattoo
on his chest. He was like, gang, Okay.
Speaker 1 (31:00):
Is that the fellow who gave you the tacos?
Speaker 3 (31:02):
No?
Speaker 2 (31:03):
Okay, So it's someone else who was in there, correct, right, okay, right?
Speaker 3 (31:07):
And so he demands the tacos. I said no, So
he starts to grab them. So I got up out
of the wheelchair and we were sizing each other up,
and then he punches me in the nose and he
causes a fracture on the bridge of my nose, and
then he runs away. Yeah. I did a police report
and a paramedics report. My question is I probably can't
see him. I probably won't be able to find him.
(31:30):
I don't know. Maybe the police did, maybe they have cameras.
But can I sue Jack in the box for what?
Speaker 1 (31:36):
What did they do wrong? What did they do that
was negligent?
Speaker 3 (31:39):
Oh, they were on their on their property and they
didn't have any security or something.
Speaker 1 (31:43):
They don't need. We don't need security.
Speaker 2 (31:45):
And by the way, how do you discriminate someone who's
homeless who comes in and buy stuff. I mean, there's trespassing,
but if he is there legally, which he was.
Speaker 3 (31:54):
No, no, no, he was outside. He was outside.
Speaker 1 (31:57):
I mean, what is jackens? Let me ask you what
is in the box? Supposed to do have armed security there?
I don't know, but yeah, the answer is no. Then
you've got nothing there.
Speaker 2 (32:10):
I know everybody wants a deep pocket, but no, there's
nothing there. All right, before we bail, I want to
tell you about your bad breath, My bad breath and
Zelman's minty mouth bitts. Zelman's minty mouth bitts is really
a neat products.
Speaker 1 (32:26):
It's a mint.
Speaker 2 (32:26):
So when you have bad breath or well, I love
garlic and onions, and it's hard to deal with garlic
and onions, particularly coming out of my stomach and out
of my pores. I really like garlic. How do you
deal with it?
Speaker 3 (32:39):
Well?
Speaker 2 (32:39):
With Zelman minty mouth bits, you put them in your
mouth and you suck on the mint and then the
little capsules that are Zelmans that you've already sucked off
the mint. Then they go into your stomach, either bite
into them or swallow them, and they get to work
in your gut where bad breath can start because of
the foods you eat, and they work there. Also, if
(32:59):
you have a dry mouth, fabulous for that and he
just feel good, you feel fresh.
Speaker 1 (33:04):
You know how you feel when you brush your teeth
and it just feels good for a little while. Zelman's
does that to you.
Speaker 2 (33:09):
Also, Zelman's Minty Mouth Mints free shipping if you order
multiple packs, money back guarantee. I've never heard of anybody
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Speaker 1 (33:29):
Visit Zelmans dot com. And for those of you that
are still on the phone, stay put.
Speaker 2 (33:37):
You're on hold, but I will get back to you
and I will start in just a moment answering your
phone calls off the air, and I still have a few,
so please feel free. Also, you can call it well,
just let's just do the ones that are on hold
and just stay put.
Speaker 1 (33:52):
This is handle on the law
And welcome to Handle on the law.
Speaker 2 (00:03):
Before I get into the monologue and start taking phone calls,
I want to remind you that I have a podcast
that's up and running, and it's the Bill Handle Show podcast,
and it's not what I do in the morning Monday
through Friday. It's a separate podcast which I talk about
current events and throw history in there and my analysis
whatever that's worth than just stuff and what it has
(00:27):
drop Every Tuesday and Thursday, a new episode drops at
nine o'clock Pacific and what recently would I've done? Then
some news on the assassination attempts and Boeing the Boeing
Company of its problems, and then stuff like two episodes
on how dying is better than living.
Speaker 1 (00:47):
I love stuff like that.
Speaker 2 (00:48):
It's the Bill Handle Show podcast and the website is
the Bill handleshowpodcast dot com. Now I want to tell
you about a lawsuit that has just been filed. Back
in twenty twenty three, there was yet another accident on
Pacific Coast Highway in Malibu and four Pepperdine students. And
Pepperdine is a school right above Pacific Coast Highway overlooking
(01:11):
the beach. As gorgeous campus So there were four Pepperdine
students that were walking. They were killed when a car
swerved off the road, and they filed lawsuits against the
state of California, against Caltrans, against the California Coastal Commission,
against a La County, and against the City of Malibu.
Speaker 1 (01:34):
Why because the.
Speaker 2 (01:35):
Argument is allegedly dangerous roadway design. And this gets to
be a really tricky lawsuit because I mean, obviously there
are always very severe damages. People die, they are permanently damaged,
traumatic brain injury or whatever. And the argument is that
the roadway was so badly designed and built. And this
(01:58):
is you're talking about a county roadway or in this
case a local roadway overseen by Caltrans California Transportation Department,
that all of a sudden, now.
Speaker 1 (02:10):
You're talking about a serious lawsuit.
Speaker 2 (02:12):
That's what happened here, four kids dying, and okay, you know,
I mean that's a real difficult lawsuit to prove. First
of all, you have to have all kinds of engineers.
They are experts who are going to argue it's badly designed.
And these guys are hundreds of dollars an hour. I mean,
it's thousands and thousands of dollars just to get the
experts going. And of course you can bet the city
(02:34):
the county is going to have their experts, their engineers
argue the other way. But let me tell you why
I think this lawsuit may actually fly. Since twenty ten,
fifty nine people have been killed on that portion of
Pacific Coast Highway. Fifty nine people. Now we're not talking
about just an occasional death that happens as a result
(02:57):
of negligence. And they know people's speed and they have
now that for years and have never changed the way
the roadway is maintained or it's designed.
Speaker 1 (03:07):
It's really and I don't know what they could do.
Speaker 2 (03:10):
I'm not a designer, obviously, I'm not a roadway engineer,
but I'm thinking that this one, this one is going
to fly. And usually you go for deep pockets. And
you know, I always tell you and when you say it,
can I sue?
Speaker 3 (03:24):
I go?
Speaker 1 (03:24):
Of course you can sue.
Speaker 2 (03:25):
Do I have a case. Of course I have a case?
Or of course you have a case. Now how do
you collect the money? Is the defendant assuming you win,
do you have a chance of paying getting paid all?
That may be a problem. Yeah, that may be a problem.
So you always reach for deep pockets. This is what
I told you. If you're gonna get run over and
you gotta lose your head in a car accident, get
hit by an Amazon truck or Coca Cola or UPS delivery,
(03:49):
that's what you want to get hit by. In this case,
let me tell you the deep pockets are that. I
think there's money there, the State of California, Caltrans, the
Coastal Commission, La County.
Speaker 1 (04:00):
Yeah, I think there are deep pockets there, to say
the least.
Speaker 2 (04:03):
All right, phone calls that hello Dad, Yeah, Bill, good morning.
Speaker 1 (04:10):
Yes, sir.
Speaker 4 (04:12):
Parton, My with English with Me is actually an English Okay.
Speaker 1 (04:16):
Where are you from? Give you a where are you from?
Speaker 3 (04:18):
I'm from Vitnam?
Speaker 1 (04:19):
Oh okay, all right, came here.
Speaker 4 (04:22):
In the nineteen nineties. Listen to your shows ever since?
Speaker 3 (04:25):
Were you?
Speaker 4 (04:25):
Were you English?
Speaker 5 (04:27):
And everything?
Speaker 1 (04:27):
Were you speak great English?
Speaker 3 (04:28):
By the way?
Speaker 1 (04:29):
Were you a boat person?
Speaker 4 (04:31):
Oh no, I'm not lucky me?
Speaker 3 (04:33):
All right?
Speaker 1 (04:34):
So you were a seven forty seven person?
Speaker 3 (04:37):
Yes?
Speaker 1 (04:37):
Okay, of course. Okay, what can I do for you?
Speaker 6 (04:40):
Dad?
Speaker 4 (04:41):
So I listened to your podcast episode about President show Parton,
and I have a feeling that it kind of has
a conflict with the Constitution of the United States. Ok
supposedly it said. I supposedly it said no one is
above the law.
Speaker 1 (05:00):
Right, Okay, that's actually that.
Speaker 2 (05:03):
Usually these hypothetical constitutional several lights questions I throw away
saying get a life.
Speaker 1 (05:09):
But this happens to be a very actually a very
very good one.
Speaker 2 (05:12):
So I'm going to go back to my law school
and where I taught law school. So I'm going to
be a professor of law, and there you are that
you're a student, and I am going to say that
while it appears that the pardon is in conflict with
the concept that no one is above the law, let
(05:33):
me let me ask you this and how how you
answer this one.
Speaker 1 (05:38):
The pardon power is in the Constitution.
Speaker 2 (05:41):
Specifically, the president is given the ability of absolute ability
to pardon. The concept of no one is above the
law doesn't appear in the constitution. It's just implicit in
the Constitution. I mean, there isn't no specific language. And
I don't see how the two connect, because if the less,
it is given the right to pardon people and it's
(06:03):
in the constitution. You know, it's written right there, Dad, Yeah,
So there really is there isn't There isn't a conflict,
but good for you thinking about that, that is good
for you. You know, I've always thought that the Vietnam
boat people, although Dak came over on seven forty seven,
so it was probably a little easier.
Speaker 1 (06:22):
The food's better because when they're going across.
Speaker 2 (06:25):
These little boats for three thousand miles and there's two
hundred people in a rowboat and you know, half of
them die, it's a little easier. Maybe the food isn't
good on a seven forty seven, you know, on whatever
air carrier, But the people who have traveled that far
to come to America escaping in this case, it was
escaping Vietnam. Is it's extraordinary story. This is not crossing
(06:50):
the border. This is not coming in from Cuba, which
is ninety miles. This is three thousand miles of open ocean.
I mean, it is no joe. And then to give
you an idea of the strength of the Vietnamese people
who do this, I mean it is extraordinary. They get
off the boat, don't speak a word of English, which
(07:11):
is the case of debt, not a word, and I
mean his English is superb. But I'll tell you the
kids that come over right, they're teenagers. They come over
at ten or eleven, and those kids are there for
here for six months, and they win the Westinghouse science contests.
I mean, these kids are insane. It's it's a it's
a very strong culture.
Speaker 1 (07:32):
I admire.
Speaker 2 (07:33):
I admire that culture very very much. And and I
like Vietnamese food too. It's great stuff, a lot of lemongrass,
very very good stuff.
Speaker 1 (07:42):
We'll start with you, Nancy.
Speaker 5 (07:43):
Hi, Nancy, Yeah, thank you. I would like to know
if legal to put the cash in the safety box
in the bank.
Speaker 2 (07:57):
Uh yeah, Well, let me ask you this. How did
you get the cash? Did you rob a bank?
Speaker 3 (08:03):
Did you? Uh?
Speaker 2 (08:05):
How where did you get the cash? And how much
cash are we talking about here, Nancy.
Speaker 5 (08:11):
I'm calling for my friend, you know, a hypothetical friend okay,
passed away? Yeah, and she have a life insurance Okay.
Speaker 2 (08:23):
She wants to Okay, So okay, So the cash is
from life insurance, yes, okay. So so she gets a
check for life insurance.
Speaker 1 (08:32):
You have to know how much life insurance.
Speaker 5 (08:33):
There was, oh, sixty.
Speaker 2 (08:37):
Sixty thousand dollars, yes, okay, and then she transferred that
into sixty thousand dollars in cash, right, yes, Okay, So
she goes to the bank with a sixty thousand dollars
check and goes here, I would like sixty thousand dollars
in cash.
Speaker 1 (08:51):
Correct.
Speaker 5 (08:53):
The first time when she had it, she put in
the bank first, she put it in saving for saving first,
and then she took out like five or sick or something.
She hold on to it. Now she wants to put
she doesn't want to put in the bank in the
safe okay.
Speaker 2 (09:12):
She wants it in a safe deposit box as opposed
to the bank holding it because you know, she doesn't
trust banks or whatever. By the way, I just wanted
to go through the story just to let you know, Nancy,
it is perfectly legal to put as much money in
cash as you want. You can find you put five
million dollars of cash into your.
Speaker 1 (09:29):
Safe deposit box. The issue is how you got.
Speaker 2 (09:32):
The money, and anything over ten thousand dollars is immediately
reported to the government. I just want to let you
know that because of the fear this is drug money.
That's why I went back to you know, where did
she get the money? And I knew it was legal.
I was just kidding you.
Speaker 1 (09:47):
At that point.
Speaker 2 (09:48):
But yeah, there is nothing illegal about having cash. There
is nothing illegal about putting it wherever you want. You
can put it under mattresses, and you could put it
in a safety deposit. B. And if sixty thousand dollars
taken at one point, the government is is told about it,
and the irs is.
Speaker 1 (10:07):
Told about it.
Speaker 2 (10:08):
But you know, okay, now what most of the time
they don't even investigate. And if it's if it's a
lot of money, I mean, they ain't come around and ask,
you know, Nancy, where did you get sixty.
Speaker 1 (10:19):
Thousand dollars in cash?
Speaker 2 (10:20):
And you say, well, here's the checks from an insurance company.
Speaker 1 (10:22):
I asked for a cash because I don't trust the bank.
You're done. Yes, you can keep as much as she
wants in the bank.
Speaker 2 (10:28):
Okay, you're fine. Yeah, sort of a long I should
have just answered it. Yeah, she can take as miss
cash as she wants.
Speaker 1 (10:36):
Christine, Hi, Christine, welcome.
Speaker 5 (10:39):
Try.
Speaker 7 (10:40):
In June of twenty eleven, I went to the emergency
room and the surgeon found that I had a schemeral hernia,
so they put in a mesh and fast forward. I
had repair surgery because the mesh failed. In July of
twenty twenty two, you see, la. They fixed it, but
about two weeks after that, my leg just swelled up.
(11:03):
So they tested me for being found gross or anything
like that. Didn't find anything. So I am basically working
with my new doctor. They've got cardiology involved, potentially lymphatic,
but my leg is swelling all this. Wow, all right,
pressure cuff. Yeah, that's really depressing.
Speaker 1 (11:25):
No kidding, Christine, what's your question?
Speaker 7 (11:29):
So it was one of the first mesh, was one
of the bad meshes that are recalled. I just don't
know if this is worth you know, looking into.
Speaker 1 (11:38):
Yeah, it's worth looking into. It was recalled. Was there
a class action suit?
Speaker 8 (11:44):
Was there?
Speaker 1 (11:45):
Did you opt out of the suit? Were you not
were you notified?
Speaker 2 (11:48):
There's a million questions here that have to be answered.
And if the mesh was replaced and it blew up
two years ago, is that a single defective mesh that
was put in replacement and the damages are high in
this case, there may be a class action lawsuit, there
may not be. But here's what you get to look at, Christine.
(12:11):
The name of the company the.
Speaker 1 (12:14):
Mesh, I know, I know that.
Speaker 7 (12:15):
Yeah, I know the name of the company.
Speaker 2 (12:17):
No, I understand what you throw all of this into
a Internet search and throw in all these words lawsuit, lawyers,
name of the company, and my guess is you are
not alone on this.
Speaker 1 (12:29):
If you are alone on this, and it could be, it.
Speaker 2 (12:31):
Could be you just got a single defective mesh on
your hands, then what you want is a straight out
medical malpractice attorney that's actually going to go to design
defect because they're going to go after not the doctor
who put it in, because it doesn't sound like there's
any mail practice there, but it's the manufacturer of the device.
Speaker 1 (12:49):
The stem being, the stent being a device.
Speaker 2 (12:53):
So first look up see if there's any legal action
going on right now regarding that mesh that was put in,
the stent that was put in, you contact the lawyers
and if not, straight out med malpractice attorney. And yeah,
because it sounds like you got something there, it really does.
Speaker 7 (13:09):
Well. I talk I have another attorney working on a case,
but they just declined. I think it was before the
adema started.
Speaker 1 (13:18):
Okay, well, there's one or two things there.
Speaker 2 (13:20):
You've got an attorney who a lot of them just
don't want to do the work because we're talking about
if you're talking design defect or a device that is
that is defective.
Speaker 1 (13:31):
It's a lot of work because the company's really really
back that up. I mean, they don't just roll over.
Speaker 2 (13:37):
The other thing is that the lawyer may have simply
said it's not there's not enough there for me to
continue it. Now that you have a dema and there
look like other complications, yeah, you.
Speaker 1 (13:49):
Know, now it may be worth more.
Speaker 2 (13:51):
You may want to contact the lawyers say hey, this
is what's happened.
Speaker 1 (13:54):
Since does that change your position?
Speaker 2 (13:57):
And if the lawyer still says no, then just go
out and start looking for med malpractice attorneys and you'll
know whether the case is worth it or not.
Speaker 1 (14:06):
You go through two or.
Speaker 2 (14:07):
Three of them, and if all three say nah, I'm
not interested, then you know there isn't much there. But
it sounds like there is. How big is your one
leg versus the other?
Speaker 7 (14:17):
And it's pretty at least one shoe size larger and
pantlings and all that.
Speaker 2 (14:23):
Oh, so you can see it. So one leg is
like ballooning in public if I were to look at you. Yeah, okay, okay,
how's that for self esteem?
Speaker 9 (14:32):
Huh?
Speaker 10 (14:33):
Oh?
Speaker 7 (14:33):
Absolutely?
Speaker 2 (14:35):
Therapy for excellent well said, well said. Now, the less
your business spends on delivering your product or service, the
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Everything is more expensive of these days. I mean everything.
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Costs have gone up on materials, employees, distribution, borrowing money,
I mean, all of it is insane. Just go to
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these prices. This is for two people, not one.
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Wrong.
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Speaker 8 (16:00):
Well, hey, Bill, I own a property out of state
or rental property, and about three years ago I had
a contractor. I hired a contractor to do a bunch
of work on it. Now I'm getting notified from a
subcontractor of his that I'm being I'm included in a
(16:20):
lawsuit for not being paid. And so my question is
is do I have any kind of defense for I've
never I don't even know who the subcontractor is, never
hired him, never talked to him.
Speaker 2 (16:32):
Well, usually you don't know who subcontractors are. I mean
when you hire a general contractor, I mean, do you
know who the subs are?
Speaker 1 (16:39):
Do you talk to them.
Speaker 2 (16:41):
I'm in the middle of the remodeling house. I bought
a new house and I had to do some work.
So I hired a general and people show up and
do work on it, and I have no idea who
they are. All I know is that, Okay, the guy's
putting up baseboards and you know there he is.
Speaker 1 (16:56):
So did the subcontractor work on your property? That's for starters.
Speaker 8 (17:03):
I wouldn't know it's out of state.
Speaker 2 (17:05):
Okay, then I mean that you have to find out
and have you already been sued or is this merely
a letter?
Speaker 8 (17:12):
No, I've actually have a court case.
Speaker 1 (17:14):
Oh okay, And I'm assuming you how much money do
they want?
Speaker 8 (17:19):
I believe it's around ten.
Speaker 1 (17:20):
Ten thousand dollars.
Speaker 2 (17:21):
Well, you may have to hire a lawyer to straighten
this out because you could be liable if your general
did not pay your sub there it depends on the state,
and I don't know how Arizona works, but I am
assuming a preliminary notice of lean was not filed on
the property because you didn't receive it from the sub
(17:43):
And in California, for example, subcontractors can sue homeowners if
they don't get paid, even if you've paid the contractor,
but they have to file something called preliminary notice of
lean within ninety days, giving them the right to sue you.
Speaker 1 (17:58):
All kinds of rules.
Speaker 2 (17:59):
So if this is Arizona, you've got to talk to
an Arizona lawyer that does construction law.
Speaker 1 (18:05):
And that's it. You buy half an hour.
Speaker 2 (18:08):
You just ask the question and you say, can I
just show you this? And you know you'll see what
you can do, and then it becomes a negotiation process.
Speaker 1 (18:15):
I mean, it could be that you're not liable at all.
Speaker 2 (18:17):
It could be that he does have some case, but
then he has to prove he's done the work. He's
got to prove that it's worth ten thousand dollars. I mean,
it's not the easiest thing in the world. Just give
me some money, so it's worth it's worth having a
lawyer talk to that subcontractor. That's when construction law kicks in,
and that gets second be pretty complicated stuff. You know.
(18:38):
I spend a lot of time telling people you got
to get a lawyer because a lot of people don't know.
Rarely do I say, now, you can do this when yourself,
because I just don't get that many what don't I get?
Speaker 1 (18:50):
Hey, Bill, can I do a divorce on my own?
Speaker 3 (18:52):
Yeah?
Speaker 1 (18:53):
Go to the website. Hey can I do on my own?
Speaker 3 (18:55):
Yeah?
Speaker 1 (18:56):
Small small claims court?
Speaker 2 (18:58):
Yeah, you do that yourself, and then you get the
other stuff and it guys me completely nuts.
Speaker 1 (19:02):
Okay, Cheryl, let's go to you. Hello, Cheryl Hie.
Speaker 9 (19:09):
Okay, I got my I'm suing a fencing company due
to the fact that it blew over after a couple
of weeks, the company or your friends, my friends, oh.
Speaker 1 (19:20):
Your friends blew over? Okay, I just didn't want to
conflate the two, all right.
Speaker 9 (19:24):
It was it was real crappy material. So I paid
them with a check for my trust and it was
like twenty seven thousand dollars. There was a lot of fencing.
And I'm a beneficiary on that trust.
Speaker 1 (19:38):
And how did you pay that?
Speaker 3 (19:40):
Wait?
Speaker 1 (19:40):
Wait, wait, wait wait wait, Cheryl h.
Speaker 2 (19:43):
How did you pay them out of the trust If
you're not the trustee.
Speaker 9 (19:50):
I'm the beneficiary.
Speaker 1 (19:51):
That doesn't matter.
Speaker 2 (19:52):
So is oh wait, wait, wait, wait wait wait a
little conflated here, a little bit confused. Okay, is the
property owned by the trust the trust wrote the check?
Speaker 1 (20:02):
Correct?
Speaker 2 (20:03):
Yes, And you are not the trustee. You're a beneficiary under.
Speaker 1 (20:06):
The trust, that's right.
Speaker 2 (20:08):
How did you write the check if you're not the trustee?
Beneficiaries don't doubt the ability to write checks against the trust.
Speaker 1 (20:16):
I know only the trustees have a right to do that.
Speaker 9 (20:19):
He did, he did it?
Speaker 3 (20:20):
Okay? Who did it?
Speaker 9 (20:21):
He wrote the check? Who the trustee wrote the check?
Speaker 7 (20:24):
Oh?
Speaker 2 (20:25):
Okay, so you didn't pay the trustee wrote the check?
Speaker 9 (20:28):
Okay, now right, but I hired the fencing company.
Speaker 1 (20:31):
Yeah, I know, I understand that makes sense. Okay.
Speaker 2 (20:32):
And the trustee wrote the check and wrote a twenty
seven thousand dollars check.
Speaker 1 (20:36):
Okay, Now what your question? You hate it?
Speaker 2 (20:39):
You they did a rotten job. You want to you
want to sue the fence company?
Speaker 1 (20:44):
Correct?
Speaker 9 (20:44):
I'm suing them? Yes?
Speaker 1 (20:46):
Are you suing them? Are you hold on? Are you
suing them individually?
Speaker 9 (20:52):
Yes?
Speaker 1 (20:53):
Okay. The trust is not suing this.
Speaker 9 (20:56):
No, the trust is suing them. The trust is suing them.
I had to have the trust sue them because he
wrote the check.
Speaker 1 (21:03):
That is correct. So what's your question, Cheryl?
Speaker 9 (21:06):
My question is does my trustee have to be present
at the hearing?
Speaker 3 (21:12):
Yeah?
Speaker 1 (21:12):
Probably? And this is twenty seven thousand dollars.
Speaker 9 (21:18):
No, it's just ten thousand. It's ten thousand because it
cost me ten thousand dollars to repair to put the
fens back.
Speaker 2 (21:25):
Okay, ten thousand dollars, I mean, yeah, probably, Because here's
what the defendant's going to do.
Speaker 1 (21:32):
Who wrote the check? Well, my trustee, who's a trustee?
Where's your trustee?
Speaker 2 (21:37):
How can you prove that that trustee that that's the
check written out of the trust. Yeah, he probably has
to show up because he's the one.
Speaker 1 (21:43):
That's suing, right, Yeah, he's the one that's suing.
Speaker 2 (21:48):
You can't have you can't have a trust, a trust
walk in and sue without some human being there because
trusts can't talk.
Speaker 9 (21:58):
I thought maybe it would be okay.
Speaker 1 (22:02):
No beneficiaries.
Speaker 2 (22:03):
No, you being a beneficiary under the trust has nothing
to do with this this.
Speaker 1 (22:06):
Lawsuit where the trust is suing for breach.
Speaker 2 (22:10):
Uh okay, uh Charles hi, Charles, yeah, Charles, you're up.
Speaker 3 (22:21):
Okay.
Speaker 6 (22:22):
The situation is about an immigration a couple they were
previously married to the United States citizens chief from Great Britain.
They parried in the United States for the years they
got there. She moved back at Great Britain, Howard and
then connected. She wants to move back to the United
(22:42):
States and get married to this gentleman. And the immigration
is now that she has to apply for citizenship and
stay in Great Britain. Yeah, freaking fire back and forth.
Speaker 1 (22:57):
Yeah, that's the rules. Yeah, they yeah, they change the rules.
Speaker 2 (23:02):
Okay, hold on, hold on. The answer is yes, they've
changed the rules to that one. So now what uh so,
what's the situation now? She wants to move back, and
they're telling her she has to stay in Great Britain.
Speaker 6 (23:14):
Child wants to get married here so that she can
travel free back to Great Britain and okay, the United States.
Speaker 1 (23:21):
All right, so what's the question.
Speaker 6 (23:24):
The question is, because they were married prior in the
United States, is there any loophole?
Speaker 2 (23:31):
No, no, no, either they're no no no, no, Charles.
Either they're married or they're not married. If they're married,
it's a different set of rules than if they're not married.
And clearly they're not married. Now if they get married again,
then the were married rules kick in. So that's what
(23:52):
they have to do is get married. Previous marriages mean nothing,
nothing care us. Jerry, Hi, Jerry.
Speaker 3 (24:06):
Morning Bell. I had a question for you.
Speaker 8 (24:09):
Went to our public dog park and there's no leashes.
Speaker 4 (24:15):
The dogs all run around and play with each other,
chase each other, smelling each other all that.
Speaker 3 (24:21):
To make it short, my dog was.
Speaker 8 (24:24):
Playing with another dog and they bit the dog on
the ear.
Speaker 3 (24:30):
So the lady that had the dog got all excited
and said, your dog bit me.
Speaker 6 (24:34):
Your dog bit my dog.
Speaker 3 (24:36):
And we looked at a little tiny scratch almost so
she said, I'm taking it to the vet and This
was on a weekend, so that's an event emergency, and
the costs go up big on the weekends. But anyway,
so this was on a weekend.
Speaker 8 (24:57):
So I saw her a couple of days later the
dog park and she came up to me and she.
Speaker 3 (25:02):
Said, oh, I've left it. Left a bill in the
car for you. And she says, I took it to
the vent and it was eight hundred dollars, right, and
she said, and she wants me to pay eight hundred dollars.
Speaker 1 (25:15):
I wants your questions my dog.
Speaker 3 (25:18):
My question is do I have to do that?
Speaker 2 (25:20):
Or well, Jerry, if she wins in small claims court, yeah,
you have to.
Speaker 1 (25:25):
Do that, but I would start with no, thank you.
I'd rather not.
Speaker 2 (25:30):
And because they were playing with each other, your dog
provoked my dog. And when you go to a dog
park and the dogs are unleashed, and everybody knows that
there is a risk that the dogs can nip at
each other or bite each other, unless your dog has
a reputation of biting, unless your dog is known to
(25:53):
be aggressive.
Speaker 1 (25:55):
And if none of that happens, what kind of dog
do you have?
Speaker 3 (25:59):
Labrador?
Speaker 1 (26:00):
Ooh, what kind of dog? Did your dog eat it?
Speaker 3 (26:05):
Looks kind of like a snousier.
Speaker 1 (26:07):
Oh, it's like a like a Schnauzer. So your dog
is like hugely bigger than the Schnauzer.
Speaker 3 (26:13):
Quite a bit.
Speaker 2 (26:14):
Okay, well all right, but you know I mean, oh,
your dog's a lab. Oh.
Speaker 1 (26:21):
No, labs are great. Labs are the sweetest people in
the world.
Speaker 2 (26:23):
I thought you for some reason, I thought you were
gonna get a Rottwiler or no whatever. No, labs are great. Yeah,
labs are the sweetest, sweetest dogs in the world.
Speaker 1 (26:33):
Are Yeah.
Speaker 2 (26:33):
I would you know, I would just tell her no.
She may end up suing you in small claims court
for all I know. But the argument is going to
be your honor. This was a dog park. I have
a lab, sweetest dog ever. There's never been any indication
this dog provoked my lab. They were playing, or they
were just nipping each other, and she went on a
(26:56):
weekend and hopefully your h the judge is a lab
owner as opposed to a miniature Schnauzer owner. But you
simply tell her no, or if she decides she's going
to sue.
Speaker 1 (27:07):
You, you negotiate with her.
Speaker 2 (27:09):
But the answer is you don't have to pay until
there is a judgment against you.
Speaker 1 (27:13):
Okay, all right, all right, there you go dog eating
dog stories. Denise, you're up. What can I do for you?
Hi Bill?
Speaker 9 (27:24):
Yes, mam, I had some property.
Speaker 10 (27:26):
Yeah, I have some property in San Bernard. Do you
know two lots. They were vertical lots. There was nothing
on them, just dirt lots, vertical.
Speaker 1 (27:33):
Lots, one on top of the other. How many feet apart?
Were they? Side side by side, side by side?
Speaker 2 (27:39):
Because I was singing gravity and all of that issue, okay, just.
Speaker 3 (27:43):
Side by side.
Speaker 10 (27:44):
But okay, well you can't build on them.
Speaker 6 (27:45):
They were just dirt lots.
Speaker 10 (27:46):
We went at them and you can't build anything. So anyway,
we sold them about a year ago, two years ago.
Then I get a letter from them about six to
eight months later saying, oh, we want you to sell
us the mineral rights. And I go, I don't know
about any mineral rights, and they said, well, yeah it
has mineral rights, but you know, we want to buy
the mineral rights. And I said, well, how much are
(28:09):
you going to give me? And they said one hundred dollars?
Speaker 4 (28:11):
So I said, I don't think so, you.
Speaker 10 (28:13):
See, I think you better come up with a little
bit more money than that.
Speaker 1 (28:16):
Well, how do you don't even know?
Speaker 3 (28:17):
Me?
Speaker 2 (28:17):
You if you don't even know there are mineral rights
and there are mineral rights, Denise, wouldn't you find out
how much what the mineral rights are usually it's oil,
and what it's worth and how much you the company
is paying.
Speaker 1 (28:32):
For the rights.
Speaker 7 (28:33):
Yeah, see, that's what I don't know.
Speaker 2 (28:35):
Then you find out and forget about this. There's no
legal issue here. You're at the investigative stage. You get
to find out. You can find out who has the
mineral rights. That's easy. You pull title on that and
you so if you have the mineral rights, you have
to track down. You have to track down where those rights,
who is paying for those rights?
Speaker 1 (28:57):
And to whom? How long did you have this property?
Speaker 10 (29:00):
Oh see what was passed down to my from my god?
Speaker 7 (29:04):
There?
Speaker 1 (29:04):
Yeah, you get to find out, you both.
Speaker 2 (29:06):
Yeah, you better find out who who is paying that
U and it could be worth a hell of a
lot more than one hundred dollars.
Speaker 3 (29:14):
I'm sure it is.
Speaker 1 (29:15):
Yeah.
Speaker 2 (29:15):
I mean I had a house that I sold and
I bought it with mineral rights. It came with mineral rights,
very unusual in Los Angeles, and my mineral rights, I
mean it wasn't huge, but I was getting about three hundred,
three hundred and.
Speaker 1 (29:28):
Fifty dollars a quarter.
Speaker 2 (29:29):
Okay, so let's say it was twelve thirteen hundred dollars
a year that I was getting in mineral rights. I mean,
that's not a fortune, but it's worth a lot more
than one hundred bucks.
Speaker 9 (29:39):
I'm sure it is.
Speaker 10 (29:40):
Yeah, and said, we're not selling no mineral rights to anybody,
all right, then find.
Speaker 2 (29:44):
Out but you should be getting the but you should
be getting the royalties, So find out where they're coming from.
Speaker 1 (29:52):
Samuel, Hi, Samuel, welcome, Thank you.
Speaker 3 (29:56):
For taking my call. Okay, here's a situation disabled individual, Okay.
And I lived near downtown, but I was up in
north Ridge, Okay, which I think is a good area.
But and I was near the Jack in the Box
over there on Plumber Street, okay. Uh. And I was
(30:16):
in a wheelchair and I was waiting for my ride,
and the you know, the the the inside portion of
the restaurant was not open, you know, because it was late,
about ten thirty at night. And I went over and
a guy did me a favor and and got me
some food like some tacos and whichever, which actually is
part of the point. The guy that was there, he
(30:38):
actually saw them get me the tacos. So he came
over and he demanded the tacos.
Speaker 2 (30:43):
And some guy, somebody just demanded the tacos. I'm confused.
Not the person that gave you the tacos. No, someone
else demanded the tacos.
Speaker 3 (30:53):
No. He was a homeless guy with a big tattoo
on his chest. He was like, gang, Okay.
Speaker 1 (31:00):
Is that the fellow who gave you the tacos?
Speaker 3 (31:02):
No?
Speaker 2 (31:03):
Okay, So it's someone else who was in there, correct, right, okay, right?
Speaker 3 (31:07):
And so he demands the tacos. I said no, So
he starts to grab them. So I got up out
of the wheelchair and we were sizing each other up,
and then he punches me in the nose and he
causes a fracture on the bridge of my nose, and
then he runs away. Yeah. I did a police report
and a paramedics report. My question is I probably can't
see him. I probably won't be able to find him.
(31:30):
I don't know. Maybe the police did, maybe they have cameras.
But can I sue Jack in the box for what?
Speaker 1 (31:36):
What did they do wrong? What did they do that
was negligent?
Speaker 3 (31:39):
Oh, they were on their on their property and they
didn't have any security or something.
Speaker 1 (31:43):
They don't need. We don't need security.
Speaker 2 (31:45):
And by the way, how do you discriminate someone who's
homeless who comes in and buy stuff. I mean, there's trespassing,
but if he is there legally, which he was.
Speaker 3 (31:54):
No, no, no, he was outside. He was outside.
Speaker 1 (31:57):
I mean, what is jackens? Let me ask you what
is in the box? Supposed to do have armed security there?
I don't know, but yeah, the answer is no. Then
you've got nothing there.
Speaker 2 (32:10):
I know everybody wants a deep pocket, but no, there's
nothing there. All right, before we bail, I want to
tell you about your bad breath, My bad breath and
Zelman's minty mouth bitts. Zelman's minty mouth bitts is really
a neat products.
Speaker 1 (32:26):
It's a mint.
Speaker 2 (32:26):
So when you have bad breath or well, I love
garlic and onions, and it's hard to deal with garlic
and onions, particularly coming out of my stomach and out
of my pores. I really like garlic. How do you
deal with it?
Speaker 3 (32:39):
Well?
Speaker 2 (32:39):
With Zelman minty mouth bits, you put them in your
mouth and you suck on the mint and then the
little capsules that are Zelmans that you've already sucked off
the mint. Then they go into your stomach, either bite
into them or swallow them, and they get to work
in your gut where bad breath can start because of
the foods you eat, and they work there. Also, if
(32:59):
you have a dry mouth, fabulous for that and he
just feel good, you feel fresh.
Speaker 1 (33:04):
You know how you feel when you brush your teeth
and it just feels good for a little while. Zelman's
does that to you.
Speaker 2 (33:09):
Also, Zelman's Minty Mouth Mints free shipping if you order
multiple packs, money back guarantee. I've never heard of anybody
using that. So go to Zelmans dot com z E
L M I NS dot com fifteen percent off when
you use the code handle at checkout. That's handle at
checkout and take advantage of the fifteen percent.
Speaker 1 (33:29):
Visit Zelmans dot com. And for those of you that
are still on the phone, stay put.
Speaker 2 (33:37):
You're on hold, but I will get back to you
and I will start in just a moment answering your
phone calls off the air, and I still have a few,
so please feel free. Also, you can call it well,
just let's just do the ones that are on hold
and just stay put.
Speaker 1 (33:52):
This is handle on the law
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