Episode Transcript
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Speaker 1 (00:00):
You're listening to KFI AM six forty the Bill Handles
show on demand on the iHeartRadio f.
Speaker 2 (00:08):
This is Handle on the Law marginal.
Speaker 1 (00:11):
Legal advice, where I tell you have absolutely no case.
If you're injured and need a lawyer, go to handle
on the law dot com. And if you're a lawyer
and want to join our team because people desperately need
your help, go to handle on the Law dot com
and click on the Joint Today tab at the top
of the page.
Speaker 2 (00:28):
The followings up pre recorded program.
Speaker 1 (00:32):
Oh, this is a great story about the suicide capsule
death in Switzerland. Now, I'm a big fan of assistant suicide.
I'm a big fan of you committing suicide. And if
you are miserable and horrible and you don't want to
live life anymore, fine, knock your socks off. I think
you ought to be able to go to the local
Walmart and look at the suicide aisle and pick up
(00:55):
whatever medication you need. So that's the way. I think
some people don't think quite that way. So let's start
with Switzerland. Because this took place in Switzerland. Assisted suicide
is legal. We have a right to Die Act here
in California, Oregon was the first one in the country,
but the restrictions are so enormous that only a couple
(01:16):
hundred people a year able to do it. So the
law in Switzerland says assists of suicide is legal if
a person does so without external assistance.
Speaker 2 (01:26):
Although I don't know how you do that. I guess
you overdose on your.
Speaker 1 (01:28):
Own and anyone who aids the individual in the process
does not have any self serving motive. So whoever helps
but not specifically assists, I don't quite understand how that works.
And where the line is drawn you can't have a
or that person can't have a self serving motive. So
(01:49):
enter Philip Nietzschke, an Australian doctor who created something called
the suicide capsule. And what it is is a sort
of a capsule that you sit in. It's it's like
you lie down, it's like a tanning bed kind of thing.
Speaker 2 (02:07):
And he is.
Speaker 1 (02:07):
Founder of the right to die advocacy nonprofit Exit International.
It's a great name and a sixty four year old
American woman traveled to Switzerland and became the first person
to use it. And you lie in the capsule, the
top goes down and there is a little button that
whoever is in there pushes and that starts the nitrogen
(02:30):
gas that enters the capsule and it overcomes the person
who is now sleeping and basically smothers to death, but
falls asleep first. That is a suicide capsule. Well, guess what.
Everybody involved has been arrested. Director of the Swiss decide
(02:51):
a Swiss Assistant Suicide Organization.
Speaker 2 (02:54):
The last resort.
Speaker 1 (02:55):
God love these names, was the only person present when
this woman died. And they keep on reiterating the woman
began the dying process by pushing that button herself, and
prior to her death, the psychiatrists who examined her confirmed
she was competent to undergo the procedure. Now, the right
to die laws, and i'll mention California. Let me tell
(03:18):
you how difficult it is to actually have assistant suicide is.
Two doctors have to be informed separately, and they have
to say, yep, you've got a terminal illness that you're
going to die within six months.
Speaker 2 (03:31):
You have to be able to verbally say I want
to die.
Speaker 1 (03:35):
The two doctors have to say yep, this person is rational,
and the convents have to be two weeks apart.
Speaker 2 (03:43):
Now what if you have als, what if you are.
Speaker 1 (03:49):
In such dire straits that you not only can't walk, talk,
I mean, you're totally immobilized.
Speaker 2 (03:55):
Up, it's not going to happen to you. So the
limitations are so great that it's very difficult.
Speaker 1 (04:02):
But you know, and arrest happens. So American woman sixty
four years old did this? Okay, let's take some phone calls.
Speaker 2 (04:11):
James, Hello, James.
Speaker 3 (04:12):
Okay, I have a question about It's not so much
wrongful termination, but being forced out of a company through intimidation.
Speaker 1 (04:21):
Okayway, not well, that is wrongful discrimination. But you were
forced out of a company because of what? Why intimidation?
Speaker 3 (04:32):
Well, my boss went out of his way to nitpick
and find things that were incredibly difficult to find, okay,
just so that he could build the case against me,
to get rid of me. All right, things that you
would never do to somebody else.
Speaker 1 (04:48):
Okay, And you know that he hasn't done it to
someone else.
Speaker 3 (04:53):
Yes, I do, because I know that other people in
the team made mistakes. I never made mistakes, all right.
Speaker 1 (04:59):
All right, fair enough? And so why did you have
to Why were you forced to leave? Why didn't you
wait till you were fired.
Speaker 3 (05:07):
Well, I didn't want to be put in the position
where now I was at the second round of the
what they call a probationary period. They put you, they
make you go into the office intimidate and.
Speaker 2 (05:23):
Okay, what do they do? What do you say they intimidate?
What does that mean?
Speaker 3 (05:27):
Well, everyone in the office would have started asking me, well,
why are you in the office and your boss and
all yours.
Speaker 1 (05:35):
And you say, I have no idea, I don't know.
That's easy. Let him ask you that. That's not intimidation
and that's not humiliation. You just go, hey, you know
what he's calling me in. He has every right to
haul you in and James, he has every right to
nitpick and saying I just think it's his opinion. I
just think James is not doing a good job.
Speaker 2 (05:56):
And here's why. Unfortunately, bosses have every right to do that.
Speaker 1 (06:00):
And when you talk about intimidation, you know you going
in the meeting on a probationary basis, that's not intimidation
that you going to a meeting on a on a
probationary area and basis.
Speaker 2 (06:12):
And when you go, well, go ahead.
Speaker 3 (06:15):
It's not a meeting I was. There was nobody nobody
in the office except for like some secretarial.
Speaker 2 (06:22):
So who asked you? So, who asked you? Why are
you going into that meeting?
Speaker 4 (06:27):
Well?
Speaker 3 (06:28):
Everyone that was It wasn't a meeting, sir, It was
I was told I had to report to the office,
sit there.
Speaker 1 (06:34):
All day, all right, and everybody and everybody knew secretary
and everybody knew that was happening.
Speaker 3 (06:38):
Okay, right, and everyone else got to work remote and
it made no sense for me to even be there.
Speaker 2 (06:45):
Okay, So what's your question?
Speaker 3 (06:48):
Okay, So in addition to that, the probationary period said
you don't get vacasion, you don't get this, you don't
get that.
Speaker 5 (06:55):
You know, you know how it is when you go
in the second round.
Speaker 1 (06:58):
Well, I don't know had that, but okay, so I
get that. Awful, all right, it is awful. So what's
your question?
Speaker 3 (07:05):
So, so the question is, it's if I feel like, well,
I know that other people have made mistakes, right that.
Speaker 2 (07:16):
I heard that. I heard that. So what's your question?
Speaker 3 (07:20):
My question is do I have any record No from
a company. No, everyone told me I should have no
file a lawsuit either.
Speaker 1 (07:27):
Way that you could have done that for hostile work environment,
which is different.
Speaker 2 (07:32):
But you know that's not. A hostile work environment is
not easy to prove, it really isn't. I mean, it's here,
It's the bottom line.
Speaker 1 (07:38):
You live in California, and California is a right to
work state, which means they can fire you for anything,
everything or nothing. Your company has a right to do. Now,
they don't have a right to. They don't have a
right to on the basis of race, creed, religion, or
any of that. They don't have a right to, for example,
(08:00):
a hostile work environment, humiliating you in front of everybody.
Speaker 2 (08:03):
But they didn't. They didn't.
Speaker 1 (08:05):
They just hauled you into a meeting or they gave you, uh,
they wrote you up, let me ask you, did they understand?
Speaker 2 (08:10):
They didn't?
Speaker 1 (08:11):
So, uh, the entire office knew that you they were nitpicking,
that you were being nitpicked?
Speaker 3 (08:17):
Right, yeah, And I wasn't. I wasn't hauled into a meeting.
Speaker 1 (08:22):
Okay, I understand that, I understand that. But what the
entire okay, entire office.
Speaker 2 (08:26):
Knew that you were being nitpicked? Is that correct?
Speaker 6 (08:30):
Yeah?
Speaker 3 (08:30):
Because when you're went on probation, everyone everyone around you
knows how you're in the office.
Speaker 1 (08:37):
Okay, Uh, all right, So what that's not uh, that's
that's not enough to prove a hostile work environment.
Speaker 2 (08:44):
You got, James, and you quit right.
Speaker 3 (08:47):
Well, I felt I had to.
Speaker 2 (08:49):
No, you didn't have to, James. You could have because I.
Speaker 4 (08:53):
Never would have.
Speaker 3 (08:54):
I never would have made the second round.
Speaker 2 (08:57):
All right, nice talking to you. It's been a pleasure.
This is handle on the Law.
Speaker 1 (09:04):
Welcome back to handle on the lawh Hi FOURTEENO.
Speaker 2 (09:09):
Welcome to handle on the law.
Speaker 7 (09:12):
So what happened? I had a girlfriend. We were together
for over eight years, close to ten, and we were
living together and after I moved in after about a
month after she moved in there, so it was a
partner was under her name. And about two years ago
(09:32):
in February, she brokes up with me and with you right, yes, okay, okay,
And she wanted me, but the rent is very very cheap,
and I said I cannot afford I cannot afford my
on a place and she says, yes, you can't. Any
long story short, and I should have moved sir, but
I can't afford it. And because the rent was we
(09:54):
were splitting the rand of six fifty and between both
of us, you know it's six to fifty. The total rant.
So we were like, I was paying three cipless bail anyway,
so she wanted to have big me and she kept
telling sending me these letters. You know, I think they
were fake and hold on, you.
Speaker 1 (10:10):
Think they were fake letters as if she didn't write them.
Speaker 7 (10:14):
No, they were written.
Speaker 2 (10:15):
But okay, what was fake about them?
Speaker 7 (10:17):
You never filed? Well she never filed. It was by
an attorney.
Speaker 2 (10:20):
What was hold on? What was fake about the letters?
Speaker 7 (10:24):
Well, they were never filed.
Speaker 2 (10:25):
Get file letters. You know you file lawsuits.
Speaker 7 (10:29):
Okay, Yeah, Well she was asked me to move in right.
Speaker 1 (10:32):
Way, So she was asking you to move okay, and
she did it via letters or just told you get.
Speaker 7 (10:37):
Out via letters.
Speaker 2 (10:39):
Okay, So she told you via letters to get out,
all right.
Speaker 7 (10:42):
What happened next anyway? So on this last February of
twenty twenty four, I paint the rent because I was
usually pay the rent and she would give me the
other hand, and I painted on the first anyway that
I think the next day I get home, Oh, because
we it was it's a one bedroom apartment. Would share
(11:02):
the apartment and at a certain point she decided to
move out of the room and she started leaving on
the on the couch and living room, and I asked her,
why do you move? I don't touch you. I mean,
I don't want I don't want to hear all that.
Speaker 2 (11:15):
No, no, I don't care about that, you know. Just
tell me what happened.
Speaker 1 (11:19):
Okay, So she moves on the couch. You're in the bedroom,
and now what Yeah?
Speaker 7 (11:24):
And then one day I get home and she took
my stuff from you know, a lot of my stuff
from the living room thround, I mean from the bedroom
thround the couch. And I left, and you know, and
I came back that evening and she had locked herself
in the bedroom. She goes, now, you're sleeping on the
couch and sit there all right?
Speaker 4 (11:40):
Turn up?
Speaker 2 (11:40):
So okay, got it all right?
Speaker 1 (11:43):
So are you asking about that situation or is there
more to the story?
Speaker 7 (11:47):
Well, that's a little bit more. So I brought I
was super enough to break the door. By the way,
we replaced the door very next day, the two days later.
And anyway, when I went in the room, I said,
I'm sleeping on the bed. I don't fit in the couch.
So I was going to sit on the bed to
take my shoes up, and she stuck her foot out
and she started screaming. She goes, Hi and she was
on the phone with her order. She goes, she's at me.
He's a taulting me. I said, massa, meybe your foot please,
(12:08):
and she would move it. And and so what happened?
Speaker 2 (12:11):
Did she called the hold on? Did she call the police?
Speaker 7 (12:13):
No?
Speaker 2 (12:14):
Okay, what does she do? What did she do? You know,
we're going through the whole story. She did this, and
I did this? What did she do legally? And what's
your question?
Speaker 7 (12:22):
Nothing? So the follow you know, anyway, day for seven
days later, I'm home, the deputies come over and they
whether a strain order. They kicked me out. Okay, so
you have to get all your step all right? And
then anyway, so I talked to her pairalego and she says,
there's no evidence ofation with the police car. No, was
there you arrested?
Speaker 8 (12:41):
No?
Speaker 7 (12:42):
Did you heard her?
Speaker 5 (12:43):
No?
Speaker 7 (12:43):
Is there police support?
Speaker 1 (12:44):
No?
Speaker 7 (12:45):
And she goes, I don't know why the judge granted this.
Speaker 1 (12:47):
So wait a second, you don't know why the judge
granted a restraining order?
Speaker 2 (12:51):
Yeah, No, judge granted a restraining.
Speaker 1 (12:54):
Order because she complained that you were assaulting her. That's
why the judge granted a restraining order and the judge
believed her.
Speaker 2 (13:02):
Yes, okay, that's it. I mean, that's why you that's
why a restraining order was granted. And if the deputies
and if the deputies.
Speaker 1 (13:09):
Have a restraining order in their hands, you're out the door.
Speaker 7 (13:13):
Yes, sir, So that's what happened.
Speaker 2 (13:15):
Okay, I got it. So what's your question.
Speaker 7 (13:17):
Well, the thing is, I don't know, she says, I
don't know why the judge was granted at the order.
There's no evidence.
Speaker 2 (13:22):
I just told you why the judge.
Speaker 1 (13:23):
Hold on, I just told you why the judge issued
a restraining order because she said you assaulted her.
Speaker 2 (13:32):
Based on that statement, there will be a restraining order.
Speaker 1 (13:35):
Judges do that all of the time, especially when women complain.
Speaker 2 (13:38):
So what is your question?
Speaker 7 (13:40):
Fourteenos, Well, you could sue her because you did nothing Brown.
Speaker 2 (13:45):
She just no, you can't sue her. Your friend's wrong.
Oh yeah, is your friend the lawyer?
Speaker 7 (13:50):
By the way, no, it's a peg.
Speaker 1 (13:53):
Yeah, all right, paralegal said you can sue her. By
the way, a paralegal cannot give you legal advice.
Speaker 8 (13:58):
You know that?
Speaker 2 (13:59):
Good? Yeah, I can't. I can give you.
Speaker 1 (14:01):
Legal advice, and I'm telling you. There's nothing there, so
you're out.
Speaker 2 (14:05):
You're done.
Speaker 1 (14:06):
She's not going to sue you for anything. You weren't arrested.
The restraining order is still in place. Even if you
could fight the restraining order, why.
Speaker 7 (14:15):
Would you get out of her life? Yes, you know,
that's it.
Speaker 2 (14:21):
Yeah, there's nothing more. So you're fine or you're not fine,
but there's nothing.
Speaker 7 (14:25):
All right, yeah, all right, good bye with man.
Speaker 2 (14:28):
Thank you.
Speaker 1 (14:28):
Okay, now, okay, good bye, Hey, Johnny, welcome to handle
my law.
Speaker 2 (14:34):
Thank you, Bill.
Speaker 4 (14:35):
Okay, So, yes, I was on the show, the show
last week. But it's about my mobile home. I want
to get work on it. But my insurance is crap.
It's just crap. What is my protection? When the service
people come to my property which I don't own.
Speaker 2 (14:52):
Make sure they have insurance for starters.
Speaker 1 (14:55):
And when you say crap, you don't have liability insurance.
Speaker 4 (14:59):
Well I don't have. A matter of fact, I don't
have insurance on the place because I own it out right.
My insurance is me.
Speaker 1 (15:06):
So when you say your insurance is crap, it's you. Okay, Well,
what is your protection getting insurance? Johnny, that's your protection
buying insurance.
Speaker 2 (15:16):
That's it.
Speaker 4 (15:17):
But Let's say let's say I I just when people
are betting these service related people, Can I bet them
and say you have insurance? Right?
Speaker 2 (15:27):
Yeah, of course you can.
Speaker 1 (15:28):
Say that, But that doesn't mean they don't certain that.
That doesn't mean that they're not going to argue that
you were at fault somehow and they got hurt and
it's your problem. Okay, then you get sued and then
they do you have insurance? No, no insurance? All right,
so now you're personally liable.
Speaker 2 (15:48):
All right. Let me tell you about your business life.
Speaker 1 (15:50):
The less your business spends on delivering your product or service,
the more margin you have.
Speaker 2 (15:55):
Simply, the more money you make. Everything is more expensive
these days. Go out to lunch. Costs have gone up.
Speaker 1 (16:00):
On materials and employees and distribution and borrowing.
Speaker 2 (16:04):
And you can reduce those costs.
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Speaker 2 (17:01):
This is handle on the law.
Speaker 7 (17:04):
You're listening to bill handle on demand from KFI AM
six forty.
Speaker 1 (17:10):
This is handle on the law marginal legal advice where
I tell you have absolutely no case.
Speaker 2 (17:19):
Karen, Hi, Karen, welcome.
Speaker 6 (17:21):
Since I'm a senior of seventy years of age, I'm
planning to have a power of attorney signed with the
notary public. And some people are saying they have to
be recorded.
Speaker 1 (17:32):
With No, they don't have to be recorded. But it's
a good idea. It's not a bad idea. There's no doubt,
there's no downside. But the power of attorney I still
think works. Yeah, I mean it has to be notarized
of course, but recorded I don't think so.
Speaker 6 (17:50):
Can I ask one quick question?
Speaker 2 (17:52):
Of course? Of course?
Speaker 6 (17:53):
Okay, So when a trustee disperses the trust to the errors,
is there a standard form yet that lets them know
that they have X amount of time to test?
Speaker 2 (18:08):
No?
Speaker 1 (18:09):
No, it's uh, it depends. There's two things that are
controlling here. One is the trust itself that we'll say, uh,
this has to be distributed within X period of time,
and the trustee has to follow those terms. If there
is no time, then it's uh what what the law
(18:32):
then puts in is a reasonable time that you can't
go beyond that as a matter of fact. Just reminded
me because I have a family trust and I don't
think there is a time. Yeah, it would be a
reasonable time. And by the way, I don't know what
that is. Depends on how complicated the trust is. So
let's say a trust has a bunch of properties and
(18:54):
a bunch of a bunch of stocks, and a bunch
of annuities and a bunch of insurance policies.
Speaker 2 (19:01):
A reasonable time can take a year.
Speaker 1 (19:04):
If the trust is one house, a reasonable time is.
Speaker 2 (19:08):
A couple of weeks.
Speaker 1 (19:11):
So whatever the reasonable time is, matter of fact, I
have to do that because I don't have a reasonable
time and I really have to put it.
Speaker 2 (19:19):
I'm sorry.
Speaker 6 (19:20):
Yeah, it's been it's been two and a half months
since my mother passed, and I had to move my
sister in. I'm trying to sell her place.
Speaker 2 (19:28):
Yeah, no, I know who's a trustee. Who's a trustee?
Speaker 8 (19:30):
Karen?
Speaker 2 (19:31):
Karen, who's a trustee? A? You are? Okay, so you've
got an extended.
Speaker 3 (19:34):
I have to give my brother.
Speaker 1 (19:36):
Okay, you've got extenuating circumstances. Okay, so out of the
trust here you have to do. You have to move
your mother in. You have to anticipate or your sister,
I'm sorry, you have to anticipate how long.
Speaker 2 (19:50):
She's going to be around.
Speaker 1 (19:52):
And if the trust says she has to be taken
care of first, well, the trust actually doesn't kick The
trust doesn't kick in until she dies.
Speaker 6 (19:59):
My mother did my mother made me fiduciary of my
sister because she's she.
Speaker 2 (20:04):
Okay, got it? Well, then the trust then then you
have to look at the trust.
Speaker 1 (20:08):
Does the trust first say, uh, what was what you
have to do first is take care of sister?
Speaker 2 (20:14):
Does it say that?
Speaker 6 (20:16):
Well, you see, since my mother passed, away. I was
in the hospital when she passed away, so when I
came home it took me a month and a half.
Speaker 2 (20:23):
Okay, I got it doesn't matter what I know. I
understand past that. Okay, I'm past that.
Speaker 1 (20:28):
You're well within a reason. Don't worry about it. You're
well within a reasonable time based.
Speaker 2 (20:31):
On all the circumstances.
Speaker 1 (20:33):
My question is, does the trust does it stipulate that
your sister is to be taken care of first?
Speaker 6 (20:42):
Well, it doesn't state that she has to be taken
care of first. It just it just it says that
if I fail, if I passed, my brother would be
produced here.
Speaker 1 (20:53):
Okay, that doesn't mean Okay, so he's so he's a
successor trustee. But let me ask you this, Who are
the beneficiaries under that trust?
Speaker 6 (21:00):
Karen, myself, my sister, and my brother.
Speaker 1 (21:03):
Okay, you cannot spend more If you guys are the
beneficiaries and the trust does not say sister has to
be taken care of first, you have one third. The
other siblings have one third each, and you can spend
your third to take care of your sister, but they
don't have to.
Speaker 3 (21:21):
Okay, do I am I? Okay?
Speaker 6 (21:24):
If I don't get it too, because it there's a lot.
She had one made in the nineties and I told
you no, yeah.
Speaker 1 (21:30):
I told you, yeah, you have to get the last Well,
let me put it. You have to get the last trust,
the last amended trust. And it doesn't matter how many
she's made before that. You know, I'm on my sixth
or seventh trust. I amend it all the time. You know,
my daughters are for the most part beneficiary, and every
time they act out, I change the trust and give
it to the other daughter. And then when that daughter
screws up, I give it to the other daughter and
(21:51):
I tell them, you know, your sister has all the
money until the following week. And then I go, you
know what, I've changed my mind. Your sister has all
the money. You can change it as often as you want.
The last trust, the last amended document, is the operative trust.
Speaker 2 (22:05):
Renee, Hello, Renee.
Speaker 9 (22:06):
I hired a contractor to do an earthquake retrofit for me,
and it turns out he's not licensed. He did a
substandard job. He grossly overcharged me by over twenty thousand dollars,
and then I had I discovered this from a bona
(22:26):
fide retrofitter who said, in order for them to come
in and undo and repair what he this guy did,
would charge me, they would charge twelve thousand. So that's
on top of the overcharge that I got from the
other guy. Is do I have any legal recourse?
Speaker 2 (22:45):
Sure?
Speaker 1 (22:46):
You go after the contractor who is unlicensed, the contractor
who did a horrible job that overcharged you. Yeah, you
got a case against him now and that's a winner. Now,
how do you collect? You're gonnassue. You're gonna get the judgment.
Now how do you collect?
Speaker 2 (23:01):
I don't know, God don't either.
Speaker 1 (23:04):
And so we go back to how did you hire
an unlicensed contractor? Did you look up his license when
he gave it to you.
Speaker 9 (23:10):
No, he was highly recommended from a friend who insisted
that he did have a license, that it was under Okay, call.
Speaker 1 (23:17):
Your friend and start and call your friend and go,
why did you say that clearly it's no friend?
Speaker 2 (23:23):
I mean, why would.
Speaker 1 (23:24):
Your friend even say that, yes, he has a license.
How do your friend know?
Speaker 2 (23:28):
You don't want to? You ask the contractor, I want
to see your license.
Speaker 1 (23:32):
Oh, and I want to see the bond that you
have put up as a licensed contractor.
Speaker 2 (23:38):
So if he does screw up, you go after the bond.
I mean, you did it all wrong, Renee. You know that,
I know, I know.
Speaker 1 (23:45):
Yeah, and it's probably going to cost you. Let's say
if the retrofit ends up costing you twelve thousand dollars.
And when you talk about retrofit, you're just talking about
the bottom near the foundation, right, and that's it like
a creep wall, right, yes, okay, that is to pay
twenty thousand dollars or something like that is completely insane.
Speaker 9 (24:04):
Well, he actually charged over twenty six thousand.
Speaker 2 (24:07):
It's completely insane. And you didn't get other bids. You
didn't get other.
Speaker 9 (24:11):
Bids, no, okay, all right, trust him.
Speaker 2 (24:15):
Yeah, you can't do that. You can't do that.
Speaker 3 (24:19):
I know.
Speaker 2 (24:20):
I'm sorry.
Speaker 1 (24:20):
You probably lost all your money or at least, yeah,
you lost probably all the money you gave him. You know.
Speaker 2 (24:26):
It's a good lesson, good lesson.
Speaker 7 (24:28):
All right.
Speaker 1 (24:29):
So here's the takeaway, boys and girls. You're doing construction work,
any construction work.
Speaker 2 (24:36):
Now, if you have a handyman come in and.
Speaker 1 (24:38):
Fix a faucet or a plumber, Okay, do you really
need all that? But let's say you're doing something that
does she did let me see your license. You check
with the contractor state license board to make sure the
license is good. You ask for the bond. Is a
bond in place? You ask referrals. What are the jobs
(25:03):
that you have done? Now that necessarily, I mean, you
do it anyway. But let's say I'm a contractor, which
I was, and I was a spectacular failure as a contractor.
Speaker 2 (25:13):
I worked my way through.
Speaker 1 (25:13):
Law school doing that, and I screwed up some pretty
good jobs.
Speaker 2 (25:18):
I mean, I did a miserable job.
Speaker 1 (25:20):
So when people ask for references, I would give the
people that I did a great job for, who would say, yeah,
builded a fabulous job for it for us, leaving out
the people that were really pissed off at me because.
Speaker 2 (25:34):
They thought I didn't do a good job.
Speaker 1 (25:36):
Now they ever overcharged nah, because unfortunately that's sort of me.
I mean, I would like to overcharge, but there's a
lot of Jewish.
Speaker 2 (25:44):
Guilt and stuff involved in that, so I'm not going
to go into that.
Speaker 1 (25:46):
But it's you got to be really really careful with
construction jobs, because those are I tell you, if you
had to come up with a list of litigation again
against virtually anybody, contractors would either be at the top
of the list or damn near the top of the list.
(26:09):
This is handle on the law. Welcome back to handle
on the law, marginal legal ad vice. Hey Dan, welcome
to handle on the law.
Speaker 8 (26:23):
Hey Bili, big Cam, thank you. This is an odd one.
Twenty years ago, I go to the guest quarters on
our ten acres and lead the wife. Everything's fine. We're
better friends than we were when we were together. One
of the first rebound boyfriend's courses arened divorce settlements five
(26:46):
hundred bucks, exactly half of the appraisal. Boyfriends go away,
where friends again or for seventeen years. Youngest son grows
up who doesn't particularly like me courses daring to read
bringing it back up again, the judge acts like everything's
(27:07):
the same. Seventeen years later, I am now a seventy
year old cancer patient brain tumor patient on an eleven
hundred dollars months of security, and that judge didn't care.
They pushed for a forced sale and one I was
told by two attorneys friends of friends that they would
(27:29):
the judge wouldn't court sale.
Speaker 2 (27:30):
Well he did, okay, so I'm a little confused. So
the two of you own a house. You and at that.
Speaker 8 (27:38):
Point your wife, right, Yeah, ken Acres was a double
double rectory home in a single rectory home.
Speaker 1 (27:45):
Okay, and you were living on it was she living
on the property.
Speaker 4 (27:50):
She was.
Speaker 8 (27:51):
And he is her CNA. He's the CNA now and
that's his meal ticket. I got for a restraining order
for you, five year restraining order to get him kicked off.
Speaker 2 (28:03):
Okay, knew her. Who owns the property?
Speaker 4 (28:06):
Now?
Speaker 8 (28:07):
No owners?
Speaker 2 (28:08):
Owners, you're both owners.
Speaker 1 (28:09):
And you where did that one hundred and twenty seven
thousand dollars come from that you gave her?
Speaker 8 (28:16):
I didn't. It's a divorce. It's just it's just the award.
I never gave it to her because we became.
Speaker 1 (28:23):
Okay, So I'm a little confused. So you don't qualify
for the loan. You so you need a loan for
what reason?
Speaker 8 (28:32):
Well, it's a fagure off. I would have to get
a loan eleven hundred dollars a month. Guy, I can't get.
Speaker 2 (28:37):
Yeah, you can't do it. You'll never qualify. But let
me ask you why.
Speaker 1 (28:41):
I mean, she can force the s she can force
the sale of the house.
Speaker 8 (28:44):
Dan, That's that's what they did.
Speaker 1 (28:48):
No, she has a right to sell the house. It's
called the partition. You cannot stay. You cannot stop the
forced sale of a house. She owns the property. If
he wants to sell it, she wants her half of
the money. You can't say to her, no, you're not
going to sell it. If the situation were reversed, she
didn't want to sell it and you wanted to, you
(29:09):
could force the sale.
Speaker 2 (29:12):
Okay, all right, Yeah, the judge is right. You know.
Speaker 1 (29:15):
He won't let you sell the house unless you both agree.
And uh, if you don't agree, the other party can
force the sale and you.
Speaker 2 (29:23):
Split the money.
Speaker 8 (29:25):
I see, I see ye.
Speaker 2 (29:26):
All right, and the brain cancer doesn't help, but that's
just the way it goes.
Speaker 1 (29:33):
Uh, benty, Do I have that right?
Speaker 7 (29:37):
Yes, sir?
Speaker 2 (29:38):
Okay? What can I do for you? Benty?
Speaker 5 (29:41):
Well, I have a judgment against someone, So instead of
trying to find account numbers in all godsill collection, why
don't I why can't I don't serve sale?
Speaker 2 (29:54):
And therefore, all right, why can't you?
Speaker 9 (29:56):
What?
Speaker 5 (29:58):
Why can't I does like a sure sale?
Speaker 2 (30:03):
You know, advertise for nstand advertise for what kind of sale?
I'm sort of losing you, BENTI.
Speaker 5 (30:10):
Jarry, sure you know the legal foreclosure.
Speaker 2 (30:14):
Oh okay, because you have a judgment. How much is
your judgment?
Speaker 1 (30:20):
Yeah, they're not gonna allow a foreclosure in ten thousand,
especially when you have other access.
Speaker 2 (30:25):
They're gonna do it.
Speaker 5 (30:26):
Who who excuse me? Who is not gonna always?
Speaker 1 (30:31):
Uh, you're gonna it's a it's a legal Uh, it
is a legal foreclosure based on a judgment that you have.
And for ten thousand dollars, they can stop the foreclosure.
Because what if it was two thousand dollars and you
have a judgment?
Speaker 2 (30:47):
Okay? Can I can you foreclose on that kind of
a you have a judgment?
Speaker 1 (30:51):
What if it's one thousand dollars and you don't go
after them?
Speaker 5 (30:55):
Well they would, they would have to pay for it.
That's what it is.
Speaker 1 (30:59):
Yeah, but they can't. But it's not going to be
foreclosed on a property. And especially if you're in California, BENTI,
that's just not gonna happen. You're gonna have to go
the other way. You don't foreclose on a property, at
least I don't think so. For ten thousand dollars.
Speaker 5 (31:14):
You mean the court doesn't allow me to file them?
Speaker 1 (31:16):
Yeah, because he's gonna Yeah, of course you can file,
but a foreclosure is illegal. Is a judge has to
okay a foreclosure. Now, what you can do is do
something called a debtor examination. Uh, and you haul that
person in, go where are your assets?
Speaker 2 (31:36):
And they have to tell you that you can do.
Speaker 5 (31:39):
Right, But then they can they can move accounts before
I can do anything.
Speaker 1 (31:45):
Yeah, but they're liars, you know, I mean they're liars.
But I mean you can talk to a collection attorney.
But I don't think on a ten thousand dollars judgment
you can foreclose on property.
Speaker 2 (31:56):
I don't think so.
Speaker 1 (31:59):
I may be wrong on but you know, you know
that's but then again, you see, I make up three
quarters of stuff that I say, and a lot of
it is logic. A lot of it is logic that
makes no sense, illogic. A lot of it I don't know.
But I sound like I'm talking about and I sound
like I know what I'm talking about. All Right, it's
(32:20):
a very interesting show, to say the least. All right,
let me tell you about your bad breath, and man.
Speaker 2 (32:26):
You have plenty of it, we all do. So let
me suggest a way out of it.
Speaker 1 (32:31):
With the Zelman's minty Mouthman's tiny little capsules.
Speaker 2 (32:35):
That you swallow.
Speaker 1 (32:36):
First of all, there's mint coated there, coated with mint.
You suck on the mint, then they're gone.
Speaker 2 (32:41):
The mint is gone.
Speaker 1 (32:42):
Then you swallow or bite into them, and the parsley
seed oil and the capsules goes to work inside the
gut and other mints don't do that.
Speaker 2 (32:49):
And that works on bad breath and if you have
dry mouth, that helps. And also they just make it
feel good.
Speaker 1 (32:55):
You know, there's nothing like when you brush your teeth,
for example, you have that fresh feeling we do with
hours zelmansvint Mouthmans.
Speaker 2 (33:01):
These things really work.
Speaker 1 (33:03):
So let me suggest you get a hold of Zelman's
Zelmans dot com z E L M I n S
dot com fifteen percent off when you use the code
handle at checkout and take advantage of the fifteen percent
Zelmans dot com.
Speaker 2 (33:19):
This is Handle on the Law.
Speaker 7 (33:22):
You're listening to bill Handle on Demand from kf I
A M six forty
You're listening to KFI AM six forty the Bill Handles
show on demand on the iHeartRadio f.
Speaker 2 (00:08):
This is Handle on the Law marginal.
Speaker 1 (00:11):
Legal advice, where I tell you have absolutely no case.
If you're injured and need a lawyer, go to handle
on the law dot com. And if you're a lawyer
and want to join our team because people desperately need
your help, go to handle on the Law dot com
and click on the Joint Today tab at the top
of the page.
Speaker 2 (00:28):
The followings up pre recorded program.
Speaker 1 (00:32):
Oh, this is a great story about the suicide capsule
death in Switzerland. Now, I'm a big fan of assistant suicide.
I'm a big fan of you committing suicide. And if
you are miserable and horrible and you don't want to
live life anymore, fine, knock your socks off. I think
you ought to be able to go to the local
Walmart and look at the suicide aisle and pick up
(00:55):
whatever medication you need. So that's the way. I think
some people don't think quite that way. So let's start
with Switzerland. Because this took place in Switzerland. Assisted suicide
is legal. We have a right to Die Act here
in California, Oregon was the first one in the country,
but the restrictions are so enormous that only a couple
(01:16):
hundred people a year able to do it. So the
law in Switzerland says assists of suicide is legal if
a person does so without external assistance.
Speaker 2 (01:26):
Although I don't know how you do that. I guess
you overdose on your.
Speaker 1 (01:28):
Own and anyone who aids the individual in the process
does not have any self serving motive. So whoever helps
but not specifically assists, I don't quite understand how that works.
And where the line is drawn you can't have a
or that person can't have a self serving motive. So
(01:49):
enter Philip Nietzschke, an Australian doctor who created something called
the suicide capsule. And what it is is a sort
of a capsule that you sit in. It's it's like
you lie down, it's like a tanning bed kind of thing.
Speaker 2 (02:07):
And he is.
Speaker 1 (02:07):
Founder of the right to die advocacy nonprofit Exit International.
It's a great name and a sixty four year old
American woman traveled to Switzerland and became the first person
to use it. And you lie in the capsule, the
top goes down and there is a little button that
whoever is in there pushes and that starts the nitrogen
(02:30):
gas that enters the capsule and it overcomes the person
who is now sleeping and basically smothers to death, but
falls asleep first. That is a suicide capsule. Well, guess what.
Everybody involved has been arrested. Director of the Swiss decide
(02:51):
a Swiss Assistant Suicide Organization.
Speaker 2 (02:54):
The last resort.
Speaker 1 (02:55):
God love these names, was the only person present when
this woman died. And they keep on reiterating the woman
began the dying process by pushing that button herself, and
prior to her death, the psychiatrists who examined her confirmed
she was competent to undergo the procedure. Now, the right
to die laws, and i'll mention California. Let me tell
(03:18):
you how difficult it is to actually have assistant suicide is.
Two doctors have to be informed separately, and they have
to say, yep, you've got a terminal illness that you're
going to die within six months.
Speaker 2 (03:31):
You have to be able to verbally say I want
to die.
Speaker 1 (03:35):
The two doctors have to say yep, this person is rational,
and the convents have to be two weeks apart.
Speaker 2 (03:43):
Now what if you have als, what if you are.
Speaker 1 (03:49):
In such dire straits that you not only can't walk, talk,
I mean, you're totally immobilized.
Speaker 2 (03:55):
Up, it's not going to happen to you. So the
limitations are so great that it's very difficult.
Speaker 1 (04:02):
But you know, and arrest happens. So American woman sixty
four years old did this? Okay, let's take some phone calls.
Speaker 2 (04:11):
James, Hello, James.
Speaker 3 (04:12):
Okay, I have a question about It's not so much
wrongful termination, but being forced out of a company through intimidation.
Speaker 1 (04:21):
Okayway, not well, that is wrongful discrimination. But you were
forced out of a company because of what? Why intimidation?
Speaker 3 (04:32):
Well, my boss went out of his way to nitpick
and find things that were incredibly difficult to find, okay,
just so that he could build the case against me,
to get rid of me. All right, things that you
would never do to somebody else.
Speaker 1 (04:48):
Okay, And you know that he hasn't done it to
someone else.
Speaker 3 (04:53):
Yes, I do, because I know that other people in
the team made mistakes. I never made mistakes, all right.
Speaker 1 (04:59):
All right, fair enough? And so why did you have
to Why were you forced to leave? Why didn't you
wait till you were fired.
Speaker 3 (05:07):
Well, I didn't want to be put in the position
where now I was at the second round of the
what they call a probationary period. They put you, they
make you go into the office intimidate and.
Speaker 2 (05:23):
Okay, what do they do? What do you say they intimidate?
What does that mean?
Speaker 3 (05:27):
Well, everyone in the office would have started asking me, well,
why are you in the office and your boss and
all yours.
Speaker 1 (05:35):
And you say, I have no idea, I don't know.
That's easy. Let him ask you that. That's not intimidation
and that's not humiliation. You just go, hey, you know
what he's calling me in. He has every right to
haul you in and James, he has every right to
nitpick and saying I just think it's his opinion. I
just think James is not doing a good job.
Speaker 2 (05:56):
And here's why. Unfortunately, bosses have every right to do that.
Speaker 1 (06:00):
And when you talk about intimidation, you know you going
in the meeting on a probationary basis, that's not intimidation
that you going to a meeting on a on a
probationary area and basis.
Speaker 2 (06:12):
And when you go, well, go ahead.
Speaker 3 (06:15):
It's not a meeting I was. There was nobody nobody
in the office except for like some secretarial.
Speaker 2 (06:22):
So who asked you? So, who asked you? Why are
you going into that meeting?
Speaker 4 (06:27):
Well?
Speaker 3 (06:28):
Everyone that was It wasn't a meeting, sir, It was
I was told I had to report to the office,
sit there.
Speaker 1 (06:34):
All day, all right, and everybody and everybody knew secretary
and everybody knew that was happening.
Speaker 3 (06:38):
Okay, right, and everyone else got to work remote and
it made no sense for me to even be there.
Speaker 2 (06:45):
Okay, So what's your question?
Speaker 3 (06:48):
Okay, So in addition to that, the probationary period said
you don't get vacasion, you don't get this, you don't
get that.
Speaker 5 (06:55):
You know, you know how it is when you go
in the second round.
Speaker 1 (06:58):
Well, I don't know had that, but okay, so I
get that. Awful, all right, it is awful. So what's
your question?
Speaker 3 (07:05):
So, so the question is, it's if I feel like, well,
I know that other people have made mistakes, right that.
Speaker 2 (07:16):
I heard that. I heard that. So what's your question?
Speaker 3 (07:20):
My question is do I have any record No from
a company. No, everyone told me I should have no
file a lawsuit either.
Speaker 1 (07:27):
Way that you could have done that for hostile work environment,
which is different.
Speaker 2 (07:32):
But you know that's not. A hostile work environment is
not easy to prove, it really isn't. I mean, it's here,
It's the bottom line.
Speaker 1 (07:38):
You live in California, and California is a right to
work state, which means they can fire you for anything,
everything or nothing. Your company has a right to do. Now,
they don't have a right to. They don't have a
right to on the basis of race, creed, religion, or
any of that. They don't have a right to, for example,
(08:00):
a hostile work environment, humiliating you in front of everybody.
Speaker 2 (08:03):
But they didn't. They didn't.
Speaker 1 (08:05):
They just hauled you into a meeting or they gave you, uh,
they wrote you up, let me ask you, did they understand?
Speaker 2 (08:10):
They didn't?
Speaker 1 (08:11):
So, uh, the entire office knew that you they were nitpicking,
that you were being nitpicked?
Speaker 3 (08:17):
Right, yeah, And I wasn't. I wasn't hauled into a meeting.
Speaker 1 (08:22):
Okay, I understand that, I understand that. But what the
entire okay, entire office.
Speaker 2 (08:26):
Knew that you were being nitpicked? Is that correct?
Speaker 6 (08:30):
Yeah?
Speaker 3 (08:30):
Because when you're went on probation, everyone everyone around you
knows how you're in the office.
Speaker 1 (08:37):
Okay, Uh, all right, So what that's not uh, that's
that's not enough to prove a hostile work environment.
Speaker 2 (08:44):
You got, James, and you quit right.
Speaker 3 (08:47):
Well, I felt I had to.
Speaker 2 (08:49):
No, you didn't have to, James. You could have because I.
Speaker 4 (08:53):
Never would have.
Speaker 3 (08:54):
I never would have made the second round.
Speaker 2 (08:57):
All right, nice talking to you. It's been a pleasure.
This is handle on the Law.
Speaker 1 (09:04):
Welcome back to handle on the lawh Hi FOURTEENO.
Speaker 2 (09:09):
Welcome to handle on the law.
Speaker 7 (09:12):
So what happened? I had a girlfriend. We were together
for over eight years, close to ten, and we were
living together and after I moved in after about a
month after she moved in there, so it was a
partner was under her name. And about two years ago
(09:32):
in February, she brokes up with me and with you right, yes, okay, okay,
And she wanted me, but the rent is very very cheap,
and I said I cannot afford I cannot afford my
on a place and she says, yes, you can't. Any
long story short, and I should have moved sir, but
I can't afford it. And because the rent was we
(09:54):
were splitting the rand of six fifty and between both
of us, you know it's six to fifty. The total rant.
So we were like, I was paying three cipless bail anyway,
so she wanted to have big me and she kept
telling sending me these letters. You know, I think they
were fake and hold on, you.
Speaker 1 (10:10):
Think they were fake letters as if she didn't write them.
Speaker 7 (10:14):
No, they were written.
Speaker 2 (10:15):
But okay, what was fake about them?
Speaker 7 (10:17):
You never filed? Well she never filed. It was by
an attorney.
Speaker 2 (10:20):
What was hold on? What was fake about the letters?
Speaker 7 (10:24):
Well, they were never filed.
Speaker 2 (10:25):
Get file letters. You know you file lawsuits.
Speaker 7 (10:29):
Okay, Yeah, Well she was asked me to move in right.
Speaker 1 (10:32):
Way, So she was asking you to move okay, and
she did it via letters or just told you get.
Speaker 7 (10:37):
Out via letters.
Speaker 2 (10:39):
Okay, So she told you via letters to get out,
all right.
Speaker 7 (10:42):
What happened next anyway? So on this last February of
twenty twenty four, I paint the rent because I was
usually pay the rent and she would give me the
other hand, and I painted on the first anyway that
I think the next day I get home, Oh, because
we it was it's a one bedroom apartment. Would share
(11:02):
the apartment and at a certain point she decided to
move out of the room and she started leaving on
the on the couch and living room, and I asked her,
why do you move? I don't touch you. I mean,
I don't want I don't want to hear all that.
Speaker 2 (11:15):
No, no, I don't care about that, you know. Just
tell me what happened.
Speaker 1 (11:19):
Okay, So she moves on the couch. You're in the bedroom,
and now what Yeah?
Speaker 7 (11:24):
And then one day I get home and she took
my stuff from you know, a lot of my stuff
from the living room thround, I mean from the bedroom
thround the couch. And I left, and you know, and
I came back that evening and she had locked herself
in the bedroom. She goes, now, you're sleeping on the
couch and sit there all right?
Speaker 4 (11:40):
Turn up?
Speaker 2 (11:40):
So okay, got it all right?
Speaker 1 (11:43):
So are you asking about that situation or is there
more to the story?
Speaker 7 (11:47):
Well, that's a little bit more. So I brought I
was super enough to break the door. By the way,
we replaced the door very next day, the two days later.
And anyway, when I went in the room, I said,
I'm sleeping on the bed. I don't fit in the couch.
So I was going to sit on the bed to
take my shoes up, and she stuck her foot out
and she started screaming. She goes, Hi and she was
on the phone with her order. She goes, she's at me.
He's a taulting me. I said, massa, meybe your foot please,
(12:08):
and she would move it. And and so what happened?
Speaker 2 (12:11):
Did she called the hold on? Did she call the police?
Speaker 7 (12:13):
No?
Speaker 2 (12:14):
Okay, what does she do? What did she do? You know,
we're going through the whole story. She did this, and
I did this? What did she do legally? And what's
your question?
Speaker 7 (12:22):
Nothing? So the follow you know, anyway, day for seven
days later, I'm home, the deputies come over and they
whether a strain order. They kicked me out. Okay, so
you have to get all your step all right? And
then anyway, so I talked to her pairalego and she says,
there's no evidence ofation with the police car. No, was
there you arrested?
Speaker 8 (12:41):
No?
Speaker 7 (12:42):
Did you heard her?
Speaker 5 (12:43):
No?
Speaker 7 (12:43):
Is there police support?
Speaker 1 (12:44):
No?
Speaker 7 (12:45):
And she goes, I don't know why the judge granted this.
Speaker 1 (12:47):
So wait a second, you don't know why the judge
granted a restraining order?
Speaker 2 (12:51):
Yeah, No, judge granted a restraining.
Speaker 1 (12:54):
Order because she complained that you were assaulting her. That's
why the judge granted a restraining order and the judge
believed her.
Speaker 2 (13:02):
Yes, okay, that's it. I mean, that's why you that's
why a restraining order was granted. And if the deputies
and if the deputies.
Speaker 1 (13:09):
Have a restraining order in their hands, you're out the door.
Speaker 7 (13:13):
Yes, sir, So that's what happened.
Speaker 2 (13:15):
Okay, I got it. So what's your question.
Speaker 7 (13:17):
Well, the thing is, I don't know, she says, I
don't know why the judge was granted at the order.
There's no evidence.
Speaker 2 (13:22):
I just told you why the judge.
Speaker 1 (13:23):
Hold on, I just told you why the judge issued
a restraining order because she said you assaulted her.
Speaker 2 (13:32):
Based on that statement, there will be a restraining order.
Speaker 1 (13:35):
Judges do that all of the time, especially when women complain.
Speaker 2 (13:38):
So what is your question?
Speaker 7 (13:40):
Fourteenos, Well, you could sue her because you did nothing Brown.
Speaker 2 (13:45):
She just no, you can't sue her. Your friend's wrong.
Oh yeah, is your friend the lawyer?
Speaker 7 (13:50):
By the way, no, it's a peg.
Speaker 1 (13:53):
Yeah, all right, paralegal said you can sue her. By
the way, a paralegal cannot give you legal advice.
Speaker 8 (13:58):
You know that?
Speaker 2 (13:59):
Good? Yeah, I can't. I can give you.
Speaker 1 (14:01):
Legal advice, and I'm telling you. There's nothing there, so
you're out.
Speaker 2 (14:05):
You're done.
Speaker 1 (14:06):
She's not going to sue you for anything. You weren't arrested.
The restraining order is still in place. Even if you
could fight the restraining order, why.
Speaker 7 (14:15):
Would you get out of her life? Yes, you know,
that's it.
Speaker 2 (14:21):
Yeah, there's nothing more. So you're fine or you're not fine,
but there's nothing.
Speaker 7 (14:25):
All right, yeah, all right, good bye with man.
Speaker 2 (14:28):
Thank you.
Speaker 1 (14:28):
Okay, now, okay, good bye, Hey, Johnny, welcome to handle
my law.
Speaker 2 (14:34):
Thank you, Bill.
Speaker 4 (14:35):
Okay, So, yes, I was on the show, the show
last week. But it's about my mobile home. I want
to get work on it. But my insurance is crap.
It's just crap. What is my protection? When the service
people come to my property which I don't own.
Speaker 2 (14:52):
Make sure they have insurance for starters.
Speaker 1 (14:55):
And when you say crap, you don't have liability insurance.
Speaker 4 (14:59):
Well I don't have. A matter of fact, I don't
have insurance on the place because I own it out right.
My insurance is me.
Speaker 1 (15:06):
So when you say your insurance is crap, it's you. Okay, Well,
what is your protection getting insurance? Johnny, that's your protection
buying insurance.
Speaker 2 (15:16):
That's it.
Speaker 4 (15:17):
But Let's say let's say I I just when people
are betting these service related people, Can I bet them
and say you have insurance? Right?
Speaker 2 (15:27):
Yeah, of course you can.
Speaker 1 (15:28):
Say that, But that doesn't mean they don't certain that.
That doesn't mean that they're not going to argue that
you were at fault somehow and they got hurt and
it's your problem. Okay, then you get sued and then
they do you have insurance? No, no insurance? All right,
so now you're personally liable.
Speaker 2 (15:48):
All right. Let me tell you about your business life.
Speaker 1 (15:50):
The less your business spends on delivering your product or service,
the more margin you have.
Speaker 2 (15:55):
Simply, the more money you make. Everything is more expensive
these days. Go out to lunch. Costs have gone up.
Speaker 1 (16:00):
On materials and employees and distribution and borrowing.
Speaker 2 (16:04):
And you can reduce those costs.
Speaker 1 (16:06):
You can reduce your headaches with NetSuite by Oracle. What
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(16:28):
of your platforms, which is now one. You don't need
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Speaker 2 (17:01):
This is handle on the law.
Speaker 7 (17:04):
You're listening to bill handle on demand from KFI AM
six forty.
Speaker 1 (17:10):
This is handle on the law marginal legal advice where
I tell you have absolutely no case.
Speaker 2 (17:19):
Karen, Hi, Karen, welcome.
Speaker 6 (17:21):
Since I'm a senior of seventy years of age, I'm
planning to have a power of attorney signed with the
notary public. And some people are saying they have to
be recorded.
Speaker 1 (17:32):
With No, they don't have to be recorded. But it's
a good idea. It's not a bad idea. There's no doubt,
there's no downside. But the power of attorney I still
think works. Yeah, I mean it has to be notarized
of course, but recorded I don't think so.
Speaker 6 (17:50):
Can I ask one quick question?
Speaker 2 (17:52):
Of course? Of course?
Speaker 6 (17:53):
Okay, So when a trustee disperses the trust to the errors,
is there a standard form yet that lets them know
that they have X amount of time to test?
Speaker 2 (18:08):
No?
Speaker 1 (18:09):
No, it's uh, it depends. There's two things that are
controlling here. One is the trust itself that we'll say, uh,
this has to be distributed within X period of time,
and the trustee has to follow those terms. If there
is no time, then it's uh what what the law
(18:32):
then puts in is a reasonable time that you can't
go beyond that as a matter of fact. Just reminded
me because I have a family trust and I don't
think there is a time. Yeah, it would be a
reasonable time. And by the way, I don't know what
that is. Depends on how complicated the trust is. So
let's say a trust has a bunch of properties and
(18:54):
a bunch of a bunch of stocks, and a bunch
of annuities and a bunch of insurance policies.
Speaker 2 (19:01):
A reasonable time can take a year.
Speaker 1 (19:04):
If the trust is one house, a reasonable time is.
Speaker 2 (19:08):
A couple of weeks.
Speaker 1 (19:11):
So whatever the reasonable time is, matter of fact, I
have to do that because I don't have a reasonable
time and I really have to put it.
Speaker 2 (19:19):
I'm sorry.
Speaker 6 (19:20):
Yeah, it's been it's been two and a half months
since my mother passed, and I had to move my
sister in. I'm trying to sell her place.
Speaker 2 (19:28):
Yeah, no, I know who's a trustee. Who's a trustee?
Speaker 8 (19:30):
Karen?
Speaker 2 (19:31):
Karen, who's a trustee? A? You are? Okay, so you've
got an extended.
Speaker 3 (19:34):
I have to give my brother.
Speaker 1 (19:36):
Okay, you've got extenuating circumstances. Okay, so out of the
trust here you have to do. You have to move
your mother in. You have to anticipate or your sister,
I'm sorry, you have to anticipate how long.
Speaker 2 (19:50):
She's going to be around.
Speaker 1 (19:52):
And if the trust says she has to be taken
care of first, well, the trust actually doesn't kick The
trust doesn't kick in until she dies.
Speaker 6 (19:59):
My mother did my mother made me fiduciary of my
sister because she's she.
Speaker 2 (20:04):
Okay, got it? Well, then the trust then then you
have to look at the trust.
Speaker 1 (20:08):
Does the trust first say, uh, what was what you
have to do first is take care of sister?
Speaker 2 (20:14):
Does it say that?
Speaker 6 (20:16):
Well, you see, since my mother passed, away. I was
in the hospital when she passed away, so when I
came home it took me a month and a half.
Speaker 2 (20:23):
Okay, I got it doesn't matter what I know. I
understand past that. Okay, I'm past that.
Speaker 1 (20:28):
You're well within a reason. Don't worry about it. You're
well within a reasonable time based.
Speaker 2 (20:31):
On all the circumstances.
Speaker 1 (20:33):
My question is, does the trust does it stipulate that
your sister is to be taken care of first?
Speaker 6 (20:42):
Well, it doesn't state that she has to be taken
care of first. It just it just it says that
if I fail, if I passed, my brother would be
produced here.
Speaker 1 (20:53):
Okay, that doesn't mean Okay, so he's so he's a
successor trustee. But let me ask you this, Who are
the beneficiaries under that trust?
Speaker 6 (21:00):
Karen, myself, my sister, and my brother.
Speaker 1 (21:03):
Okay, you cannot spend more If you guys are the
beneficiaries and the trust does not say sister has to
be taken care of first, you have one third. The
other siblings have one third each, and you can spend
your third to take care of your sister, but they
don't have to.
Speaker 3 (21:21):
Okay, do I am I? Okay?
Speaker 6 (21:24):
If I don't get it too, because it there's a lot.
She had one made in the nineties and I told
you no, yeah.
Speaker 1 (21:30):
I told you, yeah, you have to get the last Well,
let me put it. You have to get the last trust,
the last amended trust. And it doesn't matter how many
she's made before that. You know, I'm on my sixth
or seventh trust. I amend it all the time. You know,
my daughters are for the most part beneficiary, and every
time they act out, I change the trust and give
it to the other daughter. And then when that daughter
screws up, I give it to the other daughter and
(21:51):
I tell them, you know, your sister has all the
money until the following week. And then I go, you
know what, I've changed my mind. Your sister has all
the money. You can change it as often as you want.
The last trust, the last amended document, is the operative trust.
Speaker 2 (22:05):
Renee, Hello, Renee.
Speaker 9 (22:06):
I hired a contractor to do an earthquake retrofit for me,
and it turns out he's not licensed. He did a
substandard job. He grossly overcharged me by over twenty thousand dollars,
and then I had I discovered this from a bona
(22:26):
fide retrofitter who said, in order for them to come
in and undo and repair what he this guy did,
would charge me, they would charge twelve thousand. So that's
on top of the overcharge that I got from the
other guy. Is do I have any legal recourse?
Speaker 2 (22:45):
Sure?
Speaker 1 (22:46):
You go after the contractor who is unlicensed, the contractor
who did a horrible job that overcharged you. Yeah, you
got a case against him now and that's a winner. Now,
how do you collect? You're gonnassue. You're gonna get the judgment.
Now how do you collect?
Speaker 2 (23:01):
I don't know, God don't either.
Speaker 1 (23:04):
And so we go back to how did you hire
an unlicensed contractor? Did you look up his license when
he gave it to you.
Speaker 9 (23:10):
No, he was highly recommended from a friend who insisted
that he did have a license, that it was under Okay, call.
Speaker 1 (23:17):
Your friend and start and call your friend and go,
why did you say that clearly it's no friend?
Speaker 2 (23:23):
I mean, why would.
Speaker 1 (23:24):
Your friend even say that, yes, he has a license.
How do your friend know?
Speaker 2 (23:28):
You don't want to? You ask the contractor, I want
to see your license.
Speaker 1 (23:32):
Oh, and I want to see the bond that you
have put up as a licensed contractor.
Speaker 2 (23:38):
So if he does screw up, you go after the bond.
I mean, you did it all wrong, Renee. You know that,
I know, I know.
Speaker 1 (23:45):
Yeah, and it's probably going to cost you. Let's say
if the retrofit ends up costing you twelve thousand dollars.
And when you talk about retrofit, you're just talking about
the bottom near the foundation, right, and that's it like
a creep wall, right, yes, okay, that is to pay
twenty thousand dollars or something like that is completely insane.
Speaker 9 (24:04):
Well, he actually charged over twenty six thousand.
Speaker 2 (24:07):
It's completely insane. And you didn't get other bids. You
didn't get other.
Speaker 9 (24:11):
Bids, no, okay, all right, trust him.
Speaker 2 (24:15):
Yeah, you can't do that. You can't do that.
Speaker 3 (24:19):
I know.
Speaker 2 (24:20):
I'm sorry.
Speaker 1 (24:20):
You probably lost all your money or at least, yeah,
you lost probably all the money you gave him. You know.
Speaker 2 (24:26):
It's a good lesson, good lesson.
Speaker 7 (24:28):
All right.
Speaker 1 (24:29):
So here's the takeaway, boys and girls. You're doing construction work,
any construction work.
Speaker 2 (24:36):
Now, if you have a handyman come in and.
Speaker 1 (24:38):
Fix a faucet or a plumber, Okay, do you really
need all that? But let's say you're doing something that
does she did let me see your license. You check
with the contractor state license board to make sure the
license is good. You ask for the bond. Is a
bond in place? You ask referrals. What are the jobs
(25:03):
that you have done? Now that necessarily, I mean, you
do it anyway. But let's say I'm a contractor, which
I was, and I was a spectacular failure as a contractor.
Speaker 2 (25:13):
I worked my way through.
Speaker 1 (25:13):
Law school doing that, and I screwed up some pretty
good jobs.
Speaker 2 (25:18):
I mean, I did a miserable job.
Speaker 1 (25:20):
So when people ask for references, I would give the
people that I did a great job for, who would say, yeah,
builded a fabulous job for it for us, leaving out
the people that were really pissed off at me because.
Speaker 2 (25:34):
They thought I didn't do a good job.
Speaker 1 (25:36):
Now they ever overcharged nah, because unfortunately that's sort of me.
I mean, I would like to overcharge, but there's a
lot of Jewish.
Speaker 2 (25:44):
Guilt and stuff involved in that, so I'm not going
to go into that.
Speaker 1 (25:46):
But it's you got to be really really careful with
construction jobs, because those are I tell you, if you
had to come up with a list of litigation again
against virtually anybody, contractors would either be at the top
of the list or damn near the top of the list.
(26:09):
This is handle on the law. Welcome back to handle
on the law, marginal legal ad vice. Hey Dan, welcome
to handle on the law.
Speaker 8 (26:23):
Hey Bili, big Cam, thank you. This is an odd one.
Twenty years ago, I go to the guest quarters on
our ten acres and lead the wife. Everything's fine. We're
better friends than we were when we were together. One
of the first rebound boyfriend's courses arened divorce settlements five
(26:46):
hundred bucks, exactly half of the appraisal. Boyfriends go away,
where friends again or for seventeen years. Youngest son grows
up who doesn't particularly like me courses daring to read
bringing it back up again, the judge acts like everything's
(27:07):
the same. Seventeen years later, I am now a seventy
year old cancer patient brain tumor patient on an eleven
hundred dollars months of security, and that judge didn't care.
They pushed for a forced sale and one I was
told by two attorneys friends of friends that they would
(27:29):
the judge wouldn't court sale.
Speaker 2 (27:30):
Well he did, okay, so I'm a little confused. So
the two of you own a house. You and at that.
Speaker 8 (27:38):
Point your wife, right, Yeah, ken Acres was a double
double rectory home in a single rectory home.
Speaker 1 (27:45):
Okay, and you were living on it was she living
on the property.
Speaker 4 (27:50):
She was.
Speaker 8 (27:51):
And he is her CNA. He's the CNA now and
that's his meal ticket. I got for a restraining order
for you, five year restraining order to get him kicked off.
Speaker 2 (28:03):
Okay, knew her. Who owns the property?
Speaker 4 (28:06):
Now?
Speaker 8 (28:07):
No owners?
Speaker 2 (28:08):
Owners, you're both owners.
Speaker 1 (28:09):
And you where did that one hundred and twenty seven
thousand dollars come from that you gave her?
Speaker 8 (28:16):
I didn't. It's a divorce. It's just it's just the award.
I never gave it to her because we became.
Speaker 1 (28:23):
Okay, So I'm a little confused. So you don't qualify
for the loan. You so you need a loan for
what reason?
Speaker 8 (28:32):
Well, it's a fagure off. I would have to get
a loan eleven hundred dollars a month. Guy, I can't get.
Speaker 2 (28:37):
Yeah, you can't do it. You'll never qualify. But let
me ask you why.
Speaker 1 (28:41):
I mean, she can force the s she can force
the sale of the house.
Speaker 8 (28:44):
Dan, That's that's what they did.
Speaker 1 (28:48):
No, she has a right to sell the house. It's
called the partition. You cannot stay. You cannot stop the
forced sale of a house. She owns the property. If
he wants to sell it, she wants her half of
the money. You can't say to her, no, you're not
going to sell it. If the situation were reversed, she
didn't want to sell it and you wanted to, you
(29:09):
could force the sale.
Speaker 2 (29:12):
Okay, all right, Yeah, the judge is right. You know.
Speaker 1 (29:15):
He won't let you sell the house unless you both agree.
And uh, if you don't agree, the other party can
force the sale and you.
Speaker 2 (29:23):
Split the money.
Speaker 8 (29:25):
I see, I see ye.
Speaker 2 (29:26):
All right, and the brain cancer doesn't help, but that's
just the way it goes.
Speaker 1 (29:33):
Uh, benty, Do I have that right?
Speaker 7 (29:37):
Yes, sir?
Speaker 2 (29:38):
Okay? What can I do for you? Benty?
Speaker 5 (29:41):
Well, I have a judgment against someone, So instead of
trying to find account numbers in all godsill collection, why
don't I why can't I don't serve sale?
Speaker 2 (29:54):
And therefore, all right, why can't you?
Speaker 9 (29:56):
What?
Speaker 5 (29:58):
Why can't I does like a sure sale?
Speaker 2 (30:03):
You know, advertise for nstand advertise for what kind of sale?
I'm sort of losing you, BENTI.
Speaker 5 (30:10):
Jarry, sure you know the legal foreclosure.
Speaker 2 (30:14):
Oh okay, because you have a judgment. How much is
your judgment?
Speaker 1 (30:20):
Yeah, they're not gonna allow a foreclosure in ten thousand,
especially when you have other access.
Speaker 2 (30:25):
They're gonna do it.
Speaker 5 (30:26):
Who who excuse me? Who is not gonna always?
Speaker 1 (30:31):
Uh, you're gonna it's a it's a legal Uh, it
is a legal foreclosure based on a judgment that you have.
And for ten thousand dollars, they can stop the foreclosure.
Because what if it was two thousand dollars and you
have a judgment?
Speaker 2 (30:47):
Okay? Can I can you foreclose on that kind of
a you have a judgment?
Speaker 1 (30:51):
What if it's one thousand dollars and you don't go
after them?
Speaker 5 (30:55):
Well they would, they would have to pay for it.
That's what it is.
Speaker 1 (30:59):
Yeah, but they can't. But it's not going to be
foreclosed on a property. And especially if you're in California, BENTI,
that's just not gonna happen. You're gonna have to go
the other way. You don't foreclose on a property, at
least I don't think so. For ten thousand dollars.
Speaker 5 (31:14):
You mean the court doesn't allow me to file them?
Speaker 1 (31:16):
Yeah, because he's gonna Yeah, of course you can file,
but a foreclosure is illegal. Is a judge has to
okay a foreclosure. Now, what you can do is do
something called a debtor examination. Uh, and you haul that
person in, go where are your assets?
Speaker 2 (31:36):
And they have to tell you that you can do.
Speaker 5 (31:39):
Right, But then they can they can move accounts before
I can do anything.
Speaker 1 (31:45):
Yeah, but they're liars, you know, I mean they're liars.
But I mean you can talk to a collection attorney.
But I don't think on a ten thousand dollars judgment
you can foreclose on property.
Speaker 2 (31:56):
I don't think so.
Speaker 1 (31:59):
I may be wrong on but you know, you know
that's but then again, you see, I make up three
quarters of stuff that I say, and a lot of
it is logic. A lot of it is logic that
makes no sense, illogic. A lot of it I don't know.
But I sound like I'm talking about and I sound
like I know what I'm talking about. All Right, it's
(32:20):
a very interesting show, to say the least. All right,
let me tell you about your bad breath, and man.
Speaker 2 (32:26):
You have plenty of it, we all do. So let
me suggest a way out of it.
Speaker 1 (32:31):
With the Zelman's minty Mouthman's tiny little capsules.
Speaker 2 (32:35):
That you swallow.
Speaker 1 (32:36):
First of all, there's mint coated there, coated with mint.
You suck on the mint, then they're gone.
Speaker 2 (32:41):
The mint is gone.
Speaker 1 (32:42):
Then you swallow or bite into them, and the parsley
seed oil and the capsules goes to work inside the
gut and other mints don't do that.
Speaker 2 (32:49):
And that works on bad breath and if you have
dry mouth, that helps. And also they just make it
feel good.
Speaker 1 (32:55):
You know, there's nothing like when you brush your teeth,
for example, you have that fresh feeling we do with
hours zelmansvint Mouthmans.
Speaker 2 (33:01):
These things really work.
Speaker 1 (33:03):
So let me suggest you get a hold of Zelman's
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handle at checkout and take advantage of the fifteen percent
Zelmans dot com.
Speaker 2 (33:19):
This is Handle on the Law.
Speaker 7 (33:22):
You're listening to bill Handle on Demand from kf I
A M six forty
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