Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:00):
All right.
Speaker 2 (00:00):
The phone numbers as always at the top of the
hour as we start the program, eight hundred five two
zero one five three four, eight hundred five two zero
one five.
Speaker 1 (00:13):
Three four, And always we start.
Speaker 2 (00:17):
The show with lines that are open, because you know
that transition between I've got a real.
Speaker 1 (00:25):
Issue with.
Speaker 2 (00:28):
The shingles on my roof. Relative to the shingles on
my roof. Someone fell off, broke his neck, his head
rolled down the hill.
Speaker 1 (00:38):
Am I liable?
Speaker 2 (00:39):
It's a different kind of question and a different kind
of answer. So the phone number is eight hundred five
two zero one five three four.
Speaker 1 (00:46):
You'll get right in.
Speaker 2 (00:47):
There are times when you won't hear me pitch the
number for two hours at a time because we are
so jammed, and there are times when I will say
call because we don't have many lines open, and then
it vasionally there are times when we are so short
of phone calls.
Speaker 1 (01:07):
This, Jacob, get ready, This is what you.
Speaker 2 (01:10):
Get, baby.
Speaker 1 (01:17):
Babye.
Speaker 2 (01:19):
My record for baby Shark, I think is about twelve
minutes straight of listening to this, and generally the lines exploded,
all right, home down already.
Speaker 1 (01:27):
I'm upset, Jacob, yep, yep, that's so.
Speaker 2 (01:30):
The phone numbers eight hundred and five two zero, one, five,
three four, and you will get right in. This is
handle on the law marginal legal advice, where I bill
handle tell you in certain name here that you have
absolutely no case, and you walk away miserable. Now there
(01:51):
is a case in front of the US Supreme Court.
Speaker 1 (01:55):
Man, this is a big one. Has a lot of pull.
Speaker 2 (01:58):
Even though it may not have some actual impact because
the numbers are going to be relatively low, what it
does have is huge social import So Tennessee passes a
lot that says there will be no gender affirming care
for transgender people, in other words, gender rights for people
(02:24):
under the eighteen.
Speaker 1 (02:25):
Under the age of eighteen, it can't happen.
Speaker 2 (02:28):
Mainly hormones we're talking about when you have a trans
part of transitioning is you got to do hormones.
Speaker 1 (02:34):
There's no way around it.
Speaker 2 (02:35):
Surgery at the far end of it, but hormones state
there forever and depending on what state you're in, it's
either a AA or an A in some.
Speaker 1 (02:45):
Cases, insurance pace for it.
Speaker 2 (02:48):
For example, Amazon pace for gender affirming surgery after the
age of eighteen. Well, Tennessee passes a lot that under
the age of eighteen.
Speaker 1 (03:00):
It's a no.
Speaker 2 (03:01):
There will be no gender affirming treatment, no hormones. Certainly,
very very few doctors will do a surgery with people
under eighteen. But the hormones, Yeah, And Tennessee said no,
ain't gonna happen.
Speaker 1 (03:17):
Well, an immediate lawsuit.
Speaker 2 (03:19):
Lawsuit was filed, as you would think, saying that that
law is discriminatory, unconstitutional because the rights should be given
to people under eighteen, because this is sexual discrimination, which
is illegal under the law. Now, there's tons of discrimination
that's legal, but you can't discriminate on the basis of race, religion, creed.
(03:47):
And it's almost like a law would be passed that
you can't treat kids under eighteen if they were Hispanic.
I mean, it's sort of on the same constitutional level.
So immediately you've got activist groups who filed a lawsuit
to have the Tennessee law declared unconstitutional and invalid, joined
by the Biden administration also says the same thing. And
(04:12):
the Supreme Court has now heard arguments. Usually you can
tell by the questions of the justices on the court
which way they're going to go, you know, questions ripping
into the concept or questions sort of well, touffball questions,
(04:33):
softball questions where you know where the judges are going
to go. It looks like this one Tennessee's law is
going to be upheld. Certainly looks that way based on
the questioning, and of course the conservative justices were the most. Now,
I am big time in favor of LGBTQ wrights.
Speaker 1 (04:52):
I was in favor of gay marriage very early on.
Speaker 2 (04:55):
As a matter of fact, I helped gay couples create
families with the help of sir get mothers. In nineteen
eighty I wrote my first surrogacy contract and I helped
couples create their families, gay couples in the first two
years of my practice. So the first gay couple I
helped it was nineteen eighty two.
Speaker 1 (05:16):
So I'm really on the side.
Speaker 2 (05:19):
Of LGBTQ rights. There is an argument here. Usually they say,
come on, there's no argument. What gay rights people? Gay
people can't get married. Stop it now, I'll.
Speaker 1 (05:30):
Give me a break. This one. They're saying, under the
age of eighteen, no one can make a concerted decision.
Speaker 2 (05:40):
You wait until eighteen before you begin this, so legitimacy
to it. Whether you agree with it or not, there's
a there there, and the Supreme Court I believe, is
going to go there in favor of the Tennessee law.
Speaker 1 (05:53):
Kathy, Hello, Kathy, welcome.
Speaker 3 (05:56):
Hey, Hi Still.
Speaker 4 (05:58):
I have a really weird question for you on your
other topic. Does the Tennessee law allow children who were
born with both sex features to continue hormone treatments after
their parents have made a choice which direction to go
and given the child surgery.
Speaker 1 (06:15):
That is actually a terrific question.
Speaker 2 (06:18):
And this has to do with as a follow up
to what I said in my monologue, Tennessee just passed
the law which is going before the Supreme Court that
there will be no gender affirming care for trance. Okay,
that's for starters under the age of eighteen. Kid has
to decide which way they're going to go. Over the
(06:38):
age of eighteen, fine, get the hormones. Don't get the
hormones under eighteen. No, even if a parents want it,
especially if the kid wants it. So there's a law
that's probably going to be affirmed by Supreme Court. So
what ends up happening whenever a court makes a decision,
all of a sudden, out of the court come the tentacles.
Speaker 1 (06:58):
How do you side.
Speaker 2 (07:00):
Which way do you go The court now is going
to get cases of first impression, for example this one. Now,
what normally happens when a kid is born as a
hermaphrodite both sexes, which does happen both the female parts
and the male parts. Usually the parents opt for going
(07:23):
towards the female because it's just easier. Surgically to create
a penis is very difficult out of vagina parts. To
create a vagina out of out of penis parts is
easier because there is usually stuff left over. Okay, that
may if that makes any sense, So they usually go
(07:43):
in that direction.
Speaker 1 (07:44):
Now, people are wired differently.
Speaker 2 (07:49):
If I were born with female parts, or if I
were born hermaphrodite and my parents had chosen female, and
I'm wired as a male, that's who I am.
Speaker 1 (08:00):
And people, I believe people are wired. You know this issue.
Speaker 2 (08:03):
About being gay, You choose being gay. I don't know
of people who choose being gay. I mean they that's
just how they are wired. So I believe your sexuality,
your gender identity, it happens even before you're a hermaphrodite
or born or want to switch over. So at this
point I think the courts would probably go this is
(08:28):
especially if at birth.
Speaker 1 (08:29):
This is not a transition.
Speaker 2 (08:31):
If the kid decides at the age of six or eight,
maybe there's something wrong with me. I really am not
a girl. I'm actually a guy. Nothing happens under the
age of eighteen just not gonna happen. I think that's
the way the Tennessee Court, the Supreme Court is going
to rule.
Speaker 1 (08:45):
That, and then the states will pass their own laws.
California will. It's always going to allow everything.
Speaker 2 (08:51):
You know, I mean, just you know, California being the
most liberal state, you can do whatever the hell you want,
but not in the South.
Speaker 1 (08:58):
Does that answer the question.
Speaker 4 (09:02):
More or less? The experience that I had a friend
who had a child who had both organs, and in
that case, the prestidure was easier to have the child
remain a male, but in order to have normal function
as an adult, he the child needed hormones throughout his life.
Speaker 2 (09:21):
No understood, No understood, But that was unfortinate.
Speaker 1 (09:25):
That's after the age of eighteen.
Speaker 4 (09:28):
No, no, no, no, they started the child on hormones immediately.
Speaker 1 (09:32):
Okay, well, I will tell you.
Speaker 2 (09:33):
That under Tennessee law, that means under Tennessee law, that
is now illegal. They've passed this bill and the Supreme
Court is probably going to uphold it, and it's going
to be very rough for fifteen sixteen year olds who
know they're the other sex.
Speaker 4 (09:49):
It might have been teenage years before they go again.
Speaker 2 (09:51):
It's the entire issue is eighteen all right? Something going
on with my screen? Let me do something with this screen.
There you go, Now I can hang up on you.
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Speaker 1 (11:29):
Tom, Hello Tom, Welcome Bill.
Speaker 5 (11:33):
Yeah, what car?
Speaker 6 (11:34):
I go out to get a marriage and death certificate
in La County.
Speaker 2 (11:39):
I'm a yeah, all right, so uh, we're not talking
about getting your death certificate correct, not yet?
Speaker 1 (11:47):
Okay, excellent. It's easy.
Speaker 2 (11:49):
It's a public it's public document in any county. You
simply go to the La County Recorder's office. It's on
the internet and just uh, they'll you look death certificates,
marrits atificates. It's all there, and you pay your three
bucks or four bucks or whatever to get a certified copy,
which is I mean maybe they're six dollars now and
those are stamped by the Recorder's office, so they are
(12:12):
they're considered originals.
Speaker 1 (12:13):
And that's how you do it. La County Recorder's office Internet,
Real easy. All right, now, what do you do? All right? Carol?
Speaker 3 (12:26):
Hi, Carol, Good morning Bill. I have a neighbor that's
been harassing me for like twenty years mmm and just
some minor things that this time he's crossed the line.
I guess no good deed goes unpunished. I allowed him
and his brother about twenty years ago to park in
my driveway on street sweeping days, and then they wouldn't
(12:46):
move their cars. So finally my friend got some orange
cones and put them in the driveway. Well then they
kept stealing the cones, and now they continue to drive
up my driveway, make tire tracks, throw dog poop over
the fans, fill up my trash. The last week, it
finally came to and I just ignore him. I just
don't even talk to him. And he came up to
(13:08):
my door and rang the doorbell and he said, you've
got to quit stealing my grocery ads that they throw
in the driveway. You've been stealing them, and I'm like, no,
I haven't. And then the next week after that, I left,
I came back and the neighbor across the street came
murder and he goes Carol, I've got to tell you.
My wife told me not to get involved. But so
and so just jumped over the fence, took both of
(13:30):
your adt long signs, broke them up, ran back over
his fence and I said, okay, will you if I
have the sheriff come out, will you tell them? And
he said yes. So sheriff came out, told him the situation,
what had happened through the years, and they said, you
want to press charges and I yes, I do because
this time it's actually stealing or trespassing. So the sheriff
(13:54):
came out. I talked to him and told him about
the situation about him accusing me of stealing the throwaway newspaper.
They go over there, they talk to the kid. He said, yes,
I admit it. I did it because she stole my mail.
Well wait a minute, he's accused me of student.
Speaker 1 (14:09):
Until I see okay. So what happened after that?
Speaker 3 (14:12):
Okay? So then they said they went looked in the
trash can to see if the signs were there, and
they came back out and to go to the guy,
well what did you do? And he says, I've disposed
of them at an undisclosed location. Oh, okay. So when
he came back and the sheriff told me what he said,
I said, mail, I didn't steal anybody's mail. I didn't
steal anybody's newspapers. So he's lying. He told one of
(14:33):
the other neighbors.
Speaker 2 (14:34):
Okay, you got it. Okay, what's the sheriff do. Let's
cut to thea.
Speaker 3 (14:37):
He took a report. He took a report, gave me
a little thing and said Petty Theft, had me sign
something on his laptop on a pad thing and said, okay,
we'll have a court case. You'll talk to the district attorney.
And I was so flustered when it all happened. I
didn't know. I wanted to find out if we're going
to actually go to court or if if I get there.
Speaker 1 (14:57):
Probably not.
Speaker 2 (14:58):
They're probably not the stealing signs is the city attorists
the city attorney.
Speaker 1 (15:02):
It wouldn't be the DA.
Speaker 2 (15:03):
I don't think, uh yeah, And they don't care. I mean,
they they'll they're you know, they press charges. I don't
even know if they're going to be held responsible.
Speaker 1 (15:12):
Or turned it over for a case. They just don't
do that.
Speaker 2 (15:15):
Unfortunately, Petty Theft, No one pays attention because there's a
lot bigger fish to fry, so I think using the
court system is going to be very tough. This is
one of those where the law doesn't really help you,
even though technically there's a prime a couple things. Your
ADT signs, electrify them, run two and twenty volts.
Speaker 1 (15:37):
Okay, next time.
Speaker 2 (15:38):
They grab those ADT signs, they're never gonna grab them again.
You're gonna actually see someone with all the limbs splayed
out and you can hear a zap.
Speaker 1 (15:47):
Video everything.
Speaker 5 (15:49):
I'm getting cameras, video everything, and the second that the
car is on the driveway, you call a toe company
and say they're on private property.
Speaker 3 (16:02):
Well, what about he's not parking there anymore?
Speaker 2 (16:04):
But then you can't do anything about Okay, so he's
not parking, so that's off the table. So just video
video at all, And then you're gonna file a harassment
suit that the cops will warn them and warn them
and eventually criminally they're not gonna do it. What you're
gonna do is you're gonna get an injunction against them
or restraining order. But you know they throw, they threw,
(16:25):
they throw dog poop over on your yard. Fine, you
collect everybody else's dog poop in the neighborhood, so you'll
clean it up, put it in a bag and throw
it over theirs a paper bag. Don't forget to light
that on fire. There are a bunch of things you
can do. Give it right back to them.
Speaker 1 (16:43):
Oh that's a lot.
Speaker 2 (16:44):
Don't even bother, don't. I mean, it's a big deal.
It's gonna cost you money. I mean, you could probably
do it on your own, but I don't think they're
gonna pay attention, you know what, Maybe they will, maybe
they will.
Speaker 1 (16:55):
You don't want to have a lawyer do that.
Speaker 2 (16:57):
You can go on the internet and just uh they're
all kinds of forms or templates and just put it
in you file it, and uh, the court will issue
a restraining order, and you want an emergency restraining order,
which they'll give pending a hearing, and they'll ignore it.
And now you're going to have a restraining order filed,
and then you go to the police, and then uh,
(17:20):
they're not gonna They're gonna leave you alone for six
times or eight times and finally they'll do something about it.
None of this is really good. Yeah, it's just it's
just neighbors doing this to neighbors. The law is very
sloppy on that.
Speaker 1 (17:35):
Oh okay, uh Christopher, Hi Christopher, Hi Bill?
Speaker 4 (17:41):
How are you?
Speaker 1 (17:41):
Yes, ma'am or sir can't tell you? Yes?
Speaker 7 (17:45):
Yes, another question for you?
Speaker 4 (17:47):
Yeah, when it happened?
Speaker 7 (17:50):
So what would it happen to my body or my belongings?
Speaker 1 (17:55):
Because why don't I have.
Speaker 4 (17:56):
A very strange relationship with them?
Speaker 1 (17:59):
Okay?
Speaker 2 (18:00):
I know what happens to your body after it dies
or after you die?
Speaker 4 (18:07):
Yes?
Speaker 1 (18:07):
Yeah, it rots, Christopher. You know that it starts decomposing
and it smells to high heaven. That's usually what happens
to bodies after they die.
Speaker 4 (18:19):
I know. But what do you think my dad or
anybody would do.
Speaker 1 (18:22):
I don't know. I don't know your dad. How old
are you, chrispher No one has any duty to do anything.
You know, you can die.
Speaker 2 (18:32):
On front of your dad's house on the sidewalk and
he has no duty. Okay, yeah, I mean there's uh,
you know, and usually the only person or the only
group that's going to pick you up will be the
county Morgue. They will have someone calls and says, Christopher
is sitting there rotting in front of my house with
(18:55):
someone pick up Christopher, and then if they're really busy,
they'll say the animal control people and they'll put them
in those vans.
Speaker 1 (19:01):
No, they won't.
Speaker 2 (19:02):
What they'll do is pick you up, take you to
the county morgue, and this is what they do in
the morgue.
Speaker 1 (19:07):
That's what happens. Doesn't that feel good?
Speaker 5 (19:10):
Yeah?
Speaker 2 (19:11):
You're going to die alone and no one's going to
be there to collect your body. That is so much fun.
How's that to make you feel good about humanity?
Speaker 1 (19:19):
I like that? All right, Andrea, you've been there for
a bit. Welcome to handle on the law. Oh, go ahead, Andrea,
good morning.
Speaker 5 (19:29):
Yes, I'm ready.
Speaker 7 (19:31):
I hired an architect. We have a contract. He designed
one ADU plan for me that was not to code
and that's in violation of our contract. He designed a
second plan and it was not workable on my site.
I asked for my deposit back. Now I read the
(19:54):
contract and see that there is an arbitration clause. However,
it's a very small claim and arbitration we would be
very expensive, and you know, small claims would be seventy
five dollars. Is there a way that I can take it?
Speaker 1 (20:10):
Yeah?
Speaker 2 (20:10):
Well, you've agreed The problem is if you you've agreed
to arbitration if there is a dispute.
Speaker 1 (20:16):
Okay, that's the problem, and it is going to be expensive.
But he has to pay for it too. Okay, you
split it in half.
Speaker 2 (20:27):
So here is if he invokes the arbitration clause, here's
what's going to happen.
Speaker 1 (20:33):
You guys are going to split the cost.
Speaker 2 (20:35):
And it's not going to be cheap because arbitrator is
going to cost a couple thousand dollars at least.
Speaker 1 (20:38):
So it's one thousand dollars each.
Speaker 2 (20:40):
But part of the arbitration clause, if you notice, is
prevailing party gets attorneys fees or gets all costs costs.
The attorney fees costs for you would be the call
would be the arbitration of fees itself.
Speaker 1 (20:57):
Okay.
Speaker 2 (20:57):
And so now the archite tech figures out, okay, am
I going to win? Is it code? Is it not code?
Now you have to prove that it's not to code.
You can't just say it's not to code.
Speaker 1 (21:12):
I'm sorry.
Speaker 7 (21:13):
It's easily done.
Speaker 1 (21:14):
I have that proof. That's okay, done? All right, all right,
and how do you what kind of prove you?
Speaker 4 (21:20):
Oh?
Speaker 7 (21:20):
Okay, he designed a two story structure in this in
the code it says it cannot be a two story streke.
Speaker 1 (21:27):
Okay, that's easy. Okay, that's easy. All right.
Speaker 2 (21:29):
You don't need an expert for that one. Great, great, great,
So you're in good shape. He may say there's a waiver,
but he never applied for the waivers. So you're fine.
So you go to arbitration and he has to look
at this and figure he's going to lose, which means, hey,
he pays for his half, he's going to pay for
your half, and you're going to get your money back.
(21:49):
And that's assuming that the arbitration clause is upheld. Unless
you're arguing fraud and you go to small claims court
and maybe you will. Maybe you argue you defrauded you,
which is impossible to prove, but get I understand your position. Unfortunately,
arbitration clauses are there all over the place. You can't
go to a doctor, for example, and not have an
(22:11):
arbitration clause.
Speaker 1 (22:12):
You can't. You won't be treated by a doctor you
don't sign the arbitration clause.
Speaker 2 (22:15):
No, thank you, I'm done, John, Hello, John, welcome to here.
Speaker 1 (22:19):
Ba ba law.
Speaker 6 (22:21):
Good morning Bill. Yes, oh yeah, back in May. I
Back in May, I made a reservation for a month
long stay at an RV park in Colorado. It required
a fifty percent non refundable deposit. When we arrived in September,
we paid the balance and it stayed for about two
and a half weeks. My wife got sick, ended up
(22:42):
in the hospital for a couple of days. We ended
up leaving eleven days early. And I tried to get
a refund from these people, and they say in their
paperwork there's no refunds. And I've checked their paperwork. The
only number I see that's not refundable was a deposit.
Nothing on their website or any of my paperwork there's
(23:05):
anything else about non refundable. I've written emails to them,
I've talked to people. They refuse saying it's their policy.
It's been their policy for the ten eleven years they've
owned the park. And I did receive via email from them,
what was a copy of an invoice that showed the
(23:27):
deposit from them being for the full amount. My copy
of the invoice from the original reservation shows that I
paid the fifty percent deposit. I don't know if they
falsified that or what they're trying to do. But the
bottom line is they refuse to refund me for eleven
days of the stay.
Speaker 1 (23:46):
So let me ask this.
Speaker 2 (23:47):
Okay, they were prepared to and they plan on you
spending the entire month there. Okay, yes, you bail out
eleven minute, eleven days earlier, and they're now stuck with
a eleven days with no rent and your position is
too bad. It doesn't matter because my wife is sick,
(24:08):
and therefore if you suck up eleven days, you suck
up eleven days.
Speaker 1 (24:12):
And they say, but you have a contract for the entire.
Speaker 2 (24:16):
Amount, and you say, it doesn't matter because my wife
was sick.
Speaker 1 (24:25):
What do you say, I mean, what do you say
to that? You say, yeah, yeah.
Speaker 2 (24:29):
And the fact that they say refundable not refundable, doesn't
mean anything. The only thing that matters is the word refundable.
That you can hold them too. But if they're silent
on it, uh no, they don't have to refund the money.
On top of that, I'll tell you what they do
have to do here is what the law forces them
to do is to mitigate the damage. In other words,
(24:50):
they have to make reasonable attempts to rent that place
out for those eleven days that you are gone, and
if they can get it rent it out, then you
are entitled to the refund because they're not allowed to
have a double hit here. They can't keep your eleven
days and rent it. So they're doing Uh that's unjust
(25:13):
in Richmond, they have just doubled their profit, which at
your expense, because you have effectively subsidized subsidized it.
Speaker 1 (25:20):
Uh, they're not allowed to do that.
Speaker 2 (25:22):
But you leaving eleven days early and then all of
a sudden you're bailing. And now how do they rent
the place for eleven days?
Speaker 1 (25:33):
I'll see yea very easily.
Speaker 6 (25:34):
There's people that come and go all the time, all.
Speaker 2 (25:36):
Right, and you have to then you have when they
when you sue them, you're going to have to say
they could have they could have easily, and they should
have tried. And they're going to say, just because people
are coming in and out, they have reservations, we have
to go out and start.
Speaker 1 (25:52):
Looking for people.
Speaker 2 (25:55):
Yeah, yeah, you got no place to go on that one.
Oh good news, no case, ex excellent.
Speaker 1 (26:02):
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Speaker 2 (26:04):
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You brush your teeth, okay, or you second on a
mint that helps the mouth part, But how about the
rest of it? Because bad breath sometimes starts stays in
your stomach because that's where the food is digesting and
gurgling and doing it stuff. And so Zelman's Mintya Mouthmen's
(26:27):
the only man I know that does both. Not only
does it take care of your mouth part, and boy,
it's a strong mint, really good.
Speaker 1 (26:33):
Tastes great.
Speaker 2 (26:34):
But then you swallow these little capsules or you bite
into them, and it's partially seed oil that goes down
into your gut and really gets to work. So that fresh, clean,
wonderful breath stays with you for hours and hours. And
that's the magic, the beauty of Zelman's Minty Mouth mints
clinically tested against even garlic and onions. So you can
(26:56):
tell I'm a big fan and I always have mine
with me.
Speaker 1 (26:59):
Zelman's been team Outhman.
Speaker 2 (27:00):
So here's what's going on right now until December thirty one,
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All right.
Speaker 2 (00:00):
The phone numbers as always at the top of the
hour as we start the program, eight hundred five two
zero one five three four, eight hundred five two zero
one five.
Speaker 1 (00:13):
Three four, And always we start.
Speaker 2 (00:17):
The show with lines that are open, because you know
that transition between I've got a real.
Speaker 1 (00:25):
Issue with.
Speaker 2 (00:28):
The shingles on my roof. Relative to the shingles on
my roof. Someone fell off, broke his neck, his head
rolled down the hill.
Speaker 1 (00:38):
Am I liable?
Speaker 2 (00:39):
It's a different kind of question and a different kind
of answer. So the phone number is eight hundred five
two zero one five three four.
Speaker 1 (00:46):
You'll get right in.
Speaker 2 (00:47):
There are times when you won't hear me pitch the
number for two hours at a time because we are
so jammed, and there are times when I will say
call because we don't have many lines open, and then
it vasionally there are times when we are so short
of phone calls.
Speaker 1 (01:07):
This, Jacob, get ready, This is what you.
Speaker 2 (01:10):
Get, baby.
Speaker 1 (01:17):
Babye.
Speaker 2 (01:19):
My record for baby Shark, I think is about twelve
minutes straight of listening to this, and generally the lines exploded,
all right, home down already.
Speaker 1 (01:27):
I'm upset, Jacob, yep, yep, that's so.
Speaker 2 (01:30):
The phone numbers eight hundred and five two zero, one, five,
three four, and you will get right in. This is
handle on the law marginal legal advice, where I bill
handle tell you in certain name here that you have
absolutely no case, and you walk away miserable. Now there
(01:51):
is a case in front of the US Supreme Court.
Speaker 1 (01:55):
Man, this is a big one. Has a lot of pull.
Speaker 2 (01:58):
Even though it may not have some actual impact because
the numbers are going to be relatively low, what it
does have is huge social import So Tennessee passes a
lot that says there will be no gender affirming care
for transgender people, in other words, gender rights for people
(02:24):
under the eighteen.
Speaker 1 (02:25):
Under the age of eighteen, it can't happen.
Speaker 2 (02:28):
Mainly hormones we're talking about when you have a trans
part of transitioning is you got to do hormones.
Speaker 1 (02:34):
There's no way around it.
Speaker 2 (02:35):
Surgery at the far end of it, but hormones state
there forever and depending on what state you're in, it's
either a AA or an A in some.
Speaker 1 (02:45):
Cases, insurance pace for it.
Speaker 2 (02:48):
For example, Amazon pace for gender affirming surgery after the
age of eighteen. Well, Tennessee passes a lot that under
the age of eighteen.
Speaker 1 (03:00):
It's a no.
Speaker 2 (03:01):
There will be no gender affirming treatment, no hormones. Certainly,
very very few doctors will do a surgery with people
under eighteen. But the hormones, Yeah, And Tennessee said no,
ain't gonna happen.
Speaker 1 (03:17):
Well, an immediate lawsuit.
Speaker 2 (03:19):
Lawsuit was filed, as you would think, saying that that
law is discriminatory, unconstitutional because the rights should be given
to people under eighteen, because this is sexual discrimination, which
is illegal under the law. Now, there's tons of discrimination
that's legal, but you can't discriminate on the basis of race, religion, creed.
(03:47):
And it's almost like a law would be passed that
you can't treat kids under eighteen if they were Hispanic.
I mean, it's sort of on the same constitutional level.
So immediately you've got activist groups who filed a lawsuit
to have the Tennessee law declared unconstitutional and invalid, joined
by the Biden administration also says the same thing. And
(04:12):
the Supreme Court has now heard arguments. Usually you can
tell by the questions of the justices on the court
which way they're going to go, you know, questions ripping
into the concept or questions sort of well, touffball questions,
(04:33):
softball questions where you know where the judges are going
to go. It looks like this one Tennessee's law is
going to be upheld. Certainly looks that way based on
the questioning, and of course the conservative justices were the most. Now,
I am big time in favor of LGBTQ wrights.
Speaker 1 (04:52):
I was in favor of gay marriage very early on.
Speaker 2 (04:55):
As a matter of fact, I helped gay couples create
families with the help of sir get mothers. In nineteen
eighty I wrote my first surrogacy contract and I helped
couples create their families, gay couples in the first two
years of my practice. So the first gay couple I
helped it was nineteen eighty two.
Speaker 1 (05:16):
So I'm really on the side.
Speaker 2 (05:19):
Of LGBTQ rights. There is an argument here. Usually they say,
come on, there's no argument. What gay rights people? Gay
people can't get married. Stop it now, I'll.
Speaker 1 (05:30):
Give me a break. This one. They're saying, under the
age of eighteen, no one can make a concerted decision.
Speaker 2 (05:40):
You wait until eighteen before you begin this, so legitimacy
to it. Whether you agree with it or not, there's
a there there, and the Supreme Court I believe, is
going to go there in favor of the Tennessee law.
Speaker 1 (05:53):
Kathy, Hello, Kathy, welcome.
Speaker 3 (05:56):
Hey, Hi Still.
Speaker 4 (05:58):
I have a really weird question for you on your
other topic. Does the Tennessee law allow children who were
born with both sex features to continue hormone treatments after
their parents have made a choice which direction to go
and given the child surgery.
Speaker 1 (06:15):
That is actually a terrific question.
Speaker 2 (06:18):
And this has to do with as a follow up
to what I said in my monologue, Tennessee just passed
the law which is going before the Supreme Court that
there will be no gender affirming care for trance. Okay,
that's for starters under the age of eighteen. Kid has
to decide which way they're going to go. Over the
(06:38):
age of eighteen, fine, get the hormones. Don't get the
hormones under eighteen. No, even if a parents want it,
especially if the kid wants it. So there's a law
that's probably going to be affirmed by Supreme Court. So
what ends up happening whenever a court makes a decision,
all of a sudden, out of the court come the tentacles.
Speaker 1 (06:58):
How do you side.
Speaker 2 (07:00):
Which way do you go The court now is going
to get cases of first impression, for example this one. Now,
what normally happens when a kid is born as a
hermaphrodite both sexes, which does happen both the female parts
and the male parts. Usually the parents opt for going
(07:23):
towards the female because it's just easier. Surgically to create
a penis is very difficult out of vagina parts. To
create a vagina out of out of penis parts is
easier because there is usually stuff left over. Okay, that
may if that makes any sense, So they usually go
(07:43):
in that direction.
Speaker 1 (07:44):
Now, people are wired differently.
Speaker 2 (07:49):
If I were born with female parts, or if I
were born hermaphrodite and my parents had chosen female, and
I'm wired as a male, that's who I am.
Speaker 1 (08:00):
And people, I believe people are wired. You know this issue.
Speaker 2 (08:03):
About being gay, You choose being gay. I don't know
of people who choose being gay. I mean they that's
just how they are wired. So I believe your sexuality,
your gender identity, it happens even before you're a hermaphrodite
or born or want to switch over. So at this
point I think the courts would probably go this is
(08:28):
especially if at birth.
Speaker 1 (08:29):
This is not a transition.
Speaker 2 (08:31):
If the kid decides at the age of six or eight,
maybe there's something wrong with me. I really am not
a girl. I'm actually a guy. Nothing happens under the
age of eighteen just not gonna happen. I think that's
the way the Tennessee Court, the Supreme Court is going
to rule.
Speaker 1 (08:45):
That, and then the states will pass their own laws.
California will. It's always going to allow everything.
Speaker 2 (08:51):
You know, I mean, just you know, California being the
most liberal state, you can do whatever the hell you want,
but not in the South.
Speaker 1 (08:58):
Does that answer the question.
Speaker 4 (09:02):
More or less? The experience that I had a friend
who had a child who had both organs, and in
that case, the prestidure was easier to have the child
remain a male, but in order to have normal function
as an adult, he the child needed hormones throughout his life.
Speaker 2 (09:21):
No understood, No understood, But that was unfortinate.
Speaker 1 (09:25):
That's after the age of eighteen.
Speaker 4 (09:28):
No, no, no, no, they started the child on hormones immediately.
Speaker 1 (09:32):
Okay, well, I will tell you.
Speaker 2 (09:33):
That under Tennessee law, that means under Tennessee law, that
is now illegal. They've passed this bill and the Supreme
Court is probably going to uphold it, and it's going
to be very rough for fifteen sixteen year olds who
know they're the other sex.
Speaker 4 (09:49):
It might have been teenage years before they go again.
Speaker 2 (09:51):
It's the entire issue is eighteen all right? Something going
on with my screen? Let me do something with this screen.
There you go, Now I can hang up on you.
Speaker 1 (10:09):
Excellent.
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Speaker 1 (11:29):
Tom, Hello Tom, Welcome Bill.
Speaker 5 (11:33):
Yeah, what car?
Speaker 6 (11:34):
I go out to get a marriage and death certificate
in La County.
Speaker 2 (11:39):
I'm a yeah, all right, so uh, we're not talking
about getting your death certificate correct, not yet?
Speaker 1 (11:47):
Okay, excellent. It's easy.
Speaker 2 (11:49):
It's a public it's public document in any county. You
simply go to the La County Recorder's office. It's on
the internet and just uh, they'll you look death certificates,
marrits atificates. It's all there, and you pay your three
bucks or four bucks or whatever to get a certified copy,
which is I mean maybe they're six dollars now and
those are stamped by the Recorder's office, so they are
(12:12):
they're considered originals.
Speaker 1 (12:13):
And that's how you do it. La County Recorder's office Internet,
Real easy. All right, now, what do you do? All right? Carol?
Speaker 3 (12:26):
Hi, Carol, Good morning Bill. I have a neighbor that's
been harassing me for like twenty years mmm and just
some minor things that this time he's crossed the line.
I guess no good deed goes unpunished. I allowed him
and his brother about twenty years ago to park in
my driveway on street sweeping days, and then they wouldn't
(12:46):
move their cars. So finally my friend got some orange
cones and put them in the driveway. Well then they
kept stealing the cones, and now they continue to drive
up my driveway, make tire tracks, throw dog poop over
the fans, fill up my trash. The last week, it
finally came to and I just ignore him. I just
don't even talk to him. And he came up to
(13:08):
my door and rang the doorbell and he said, you've
got to quit stealing my grocery ads that they throw
in the driveway. You've been stealing them, and I'm like, no,
I haven't. And then the next week after that, I left,
I came back and the neighbor across the street came
murder and he goes Carol, I've got to tell you.
My wife told me not to get involved. But so
and so just jumped over the fence, took both of
(13:30):
your adt long signs, broke them up, ran back over
his fence and I said, okay, will you if I
have the sheriff come out, will you tell them? And
he said yes. So sheriff came out, told him the situation,
what had happened through the years, and they said, you
want to press charges and I yes, I do because
this time it's actually stealing or trespassing. So the sheriff
(13:54):
came out. I talked to him and told him about
the situation about him accusing me of stealing the throwaway newspaper.
They go over there, they talk to the kid. He said, yes,
I admit it. I did it because she stole my mail.
Well wait a minute, he's accused me of student.
Speaker 1 (14:09):
Until I see okay. So what happened after that?
Speaker 3 (14:12):
Okay? So then they said they went looked in the
trash can to see if the signs were there, and
they came back out and to go to the guy,
well what did you do? And he says, I've disposed
of them at an undisclosed location. Oh, okay. So when
he came back and the sheriff told me what he said,
I said, mail, I didn't steal anybody's mail. I didn't
steal anybody's newspapers. So he's lying. He told one of
(14:33):
the other neighbors.
Speaker 2 (14:34):
Okay, you got it. Okay, what's the sheriff do. Let's
cut to thea.
Speaker 3 (14:37):
He took a report. He took a report, gave me
a little thing and said Petty Theft, had me sign
something on his laptop on a pad thing and said, okay,
we'll have a court case. You'll talk to the district attorney.
And I was so flustered when it all happened. I
didn't know. I wanted to find out if we're going
to actually go to court or if if I get there.
Speaker 1 (14:57):
Probably not.
Speaker 2 (14:58):
They're probably not the stealing signs is the city attorists
the city attorney.
Speaker 1 (15:02):
It wouldn't be the DA.
Speaker 2 (15:03):
I don't think, uh yeah, And they don't care. I mean,
they they'll they're you know, they press charges. I don't
even know if they're going to be held responsible.
Speaker 1 (15:12):
Or turned it over for a case. They just don't
do that.
Speaker 2 (15:15):
Unfortunately, Petty Theft, No one pays attention because there's a
lot bigger fish to fry, so I think using the
court system is going to be very tough. This is
one of those where the law doesn't really help you,
even though technically there's a prime a couple things. Your
ADT signs, electrify them, run two and twenty volts.
Speaker 1 (15:37):
Okay, next time.
Speaker 2 (15:38):
They grab those ADT signs, they're never gonna grab them again.
You're gonna actually see someone with all the limbs splayed
out and you can hear a zap.
Speaker 1 (15:47):
Video everything.
Speaker 5 (15:49):
I'm getting cameras, video everything, and the second that the
car is on the driveway, you call a toe company
and say they're on private property.
Speaker 3 (16:02):
Well, what about he's not parking there anymore?
Speaker 2 (16:04):
But then you can't do anything about Okay, so he's
not parking, so that's off the table. So just video
video at all, And then you're gonna file a harassment
suit that the cops will warn them and warn them
and eventually criminally they're not gonna do it. What you're
gonna do is you're gonna get an injunction against them
or restraining order. But you know they throw, they threw,
(16:25):
they throw dog poop over on your yard. Fine, you
collect everybody else's dog poop in the neighborhood, so you'll
clean it up, put it in a bag and throw
it over theirs a paper bag. Don't forget to light
that on fire. There are a bunch of things you
can do. Give it right back to them.
Speaker 1 (16:43):
Oh that's a lot.
Speaker 2 (16:44):
Don't even bother, don't. I mean, it's a big deal.
It's gonna cost you money. I mean, you could probably
do it on your own, but I don't think they're
gonna pay attention, you know what, Maybe they will, maybe
they will.
Speaker 1 (16:55):
You don't want to have a lawyer do that.
Speaker 2 (16:57):
You can go on the internet and just uh they're
all kinds of forms or templates and just put it
in you file it, and uh, the court will issue
a restraining order, and you want an emergency restraining order,
which they'll give pending a hearing, and they'll ignore it.
And now you're going to have a restraining order filed,
and then you go to the police, and then uh,
(17:20):
they're not gonna They're gonna leave you alone for six
times or eight times and finally they'll do something about it.
None of this is really good. Yeah, it's just it's
just neighbors doing this to neighbors. The law is very
sloppy on that.
Speaker 1 (17:35):
Oh okay, uh Christopher, Hi Christopher, Hi Bill?
Speaker 4 (17:41):
How are you?
Speaker 1 (17:41):
Yes, ma'am or sir can't tell you? Yes?
Speaker 7 (17:45):
Yes, another question for you?
Speaker 4 (17:47):
Yeah, when it happened?
Speaker 7 (17:50):
So what would it happen to my body or my belongings?
Speaker 1 (17:55):
Because why don't I have.
Speaker 4 (17:56):
A very strange relationship with them?
Speaker 1 (17:59):
Okay?
Speaker 2 (18:00):
I know what happens to your body after it dies
or after you die?
Speaker 4 (18:07):
Yes?
Speaker 1 (18:07):
Yeah, it rots, Christopher. You know that it starts decomposing
and it smells to high heaven. That's usually what happens
to bodies after they die.
Speaker 4 (18:19):
I know. But what do you think my dad or
anybody would do.
Speaker 1 (18:22):
I don't know. I don't know your dad. How old
are you, chrispher No one has any duty to do anything.
You know, you can die.
Speaker 2 (18:32):
On front of your dad's house on the sidewalk and
he has no duty. Okay, yeah, I mean there's uh,
you know, and usually the only person or the only
group that's going to pick you up will be the
county Morgue. They will have someone calls and says, Christopher
is sitting there rotting in front of my house with
(18:55):
someone pick up Christopher, and then if they're really busy,
they'll say the animal control people and they'll put them
in those vans.
Speaker 1 (19:01):
No, they won't.
Speaker 2 (19:02):
What they'll do is pick you up, take you to
the county morgue, and this is what they do in
the morgue.
Speaker 1 (19:07):
That's what happens. Doesn't that feel good?
Speaker 5 (19:10):
Yeah?
Speaker 2 (19:11):
You're going to die alone and no one's going to
be there to collect your body. That is so much fun.
How's that to make you feel good about humanity?
Speaker 1 (19:19):
I like that? All right, Andrea, you've been there for
a bit. Welcome to handle on the law. Oh, go ahead, Andrea,
good morning.
Speaker 5 (19:29):
Yes, I'm ready.
Speaker 7 (19:31):
I hired an architect. We have a contract. He designed
one ADU plan for me that was not to code
and that's in violation of our contract. He designed a
second plan and it was not workable on my site.
I asked for my deposit back. Now I read the
(19:54):
contract and see that there is an arbitration clause. However,
it's a very small claim and arbitration we would be
very expensive, and you know, small claims would be seventy
five dollars. Is there a way that I can take it?
Speaker 1 (20:10):
Yeah?
Speaker 2 (20:10):
Well, you've agreed The problem is if you you've agreed
to arbitration if there is a dispute.
Speaker 1 (20:16):
Okay, that's the problem, and it is going to be expensive.
But he has to pay for it too. Okay, you
split it in half.
Speaker 2 (20:27):
So here is if he invokes the arbitration clause, here's
what's going to happen.
Speaker 1 (20:33):
You guys are going to split the cost.
Speaker 2 (20:35):
And it's not going to be cheap because arbitrator is
going to cost a couple thousand dollars at least.
Speaker 1 (20:38):
So it's one thousand dollars each.
Speaker 2 (20:40):
But part of the arbitration clause, if you notice, is
prevailing party gets attorneys fees or gets all costs costs.
The attorney fees costs for you would be the call
would be the arbitration of fees itself.
Speaker 1 (20:57):
Okay.
Speaker 2 (20:57):
And so now the archite tech figures out, okay, am
I going to win? Is it code? Is it not code?
Now you have to prove that it's not to code.
You can't just say it's not to code.
Speaker 1 (21:12):
I'm sorry.
Speaker 7 (21:13):
It's easily done.
Speaker 1 (21:14):
I have that proof. That's okay, done? All right, all right,
and how do you what kind of prove you?
Speaker 4 (21:20):
Oh?
Speaker 7 (21:20):
Okay, he designed a two story structure in this in
the code it says it cannot be a two story streke.
Speaker 1 (21:27):
Okay, that's easy. Okay, that's easy. All right.
Speaker 2 (21:29):
You don't need an expert for that one. Great, great, great,
So you're in good shape. He may say there's a waiver,
but he never applied for the waivers. So you're fine.
So you go to arbitration and he has to look
at this and figure he's going to lose, which means, hey,
he pays for his half, he's going to pay for
your half, and you're going to get your money back.
(21:49):
And that's assuming that the arbitration clause is upheld. Unless
you're arguing fraud and you go to small claims court
and maybe you will. Maybe you argue you defrauded you,
which is impossible to prove, but get I understand your position. Unfortunately,
arbitration clauses are there all over the place. You can't
go to a doctor, for example, and not have an
(22:11):
arbitration clause.
Speaker 1 (22:12):
You can't. You won't be treated by a doctor you
don't sign the arbitration clause.
Speaker 2 (22:15):
No, thank you, I'm done, John, Hello, John, welcome to here.
Speaker 1 (22:19):
Ba ba law.
Speaker 6 (22:21):
Good morning Bill. Yes, oh yeah, back in May. I
Back in May, I made a reservation for a month
long stay at an RV park in Colorado. It required
a fifty percent non refundable deposit. When we arrived in September,
we paid the balance and it stayed for about two
and a half weeks. My wife got sick, ended up
(22:42):
in the hospital for a couple of days. We ended
up leaving eleven days early. And I tried to get
a refund from these people, and they say in their
paperwork there's no refunds. And I've checked their paperwork. The
only number I see that's not refundable was a deposit.
Nothing on their website or any of my paperwork there's
(23:05):
anything else about non refundable. I've written emails to them,
I've talked to people. They refuse saying it's their policy.
It's been their policy for the ten eleven years they've
owned the park. And I did receive via email from them,
what was a copy of an invoice that showed the
(23:27):
deposit from them being for the full amount. My copy
of the invoice from the original reservation shows that I
paid the fifty percent deposit. I don't know if they
falsified that or what they're trying to do. But the
bottom line is they refuse to refund me for eleven
days of the stay.
Speaker 1 (23:46):
So let me ask this.
Speaker 2 (23:47):
Okay, they were prepared to and they plan on you
spending the entire month there. Okay, yes, you bail out
eleven minute, eleven days earlier, and they're now stuck with
a eleven days with no rent and your position is
too bad. It doesn't matter because my wife is sick,
(24:08):
and therefore if you suck up eleven days, you suck
up eleven days.
Speaker 1 (24:12):
And they say, but you have a contract for the entire.
Speaker 2 (24:16):
Amount, and you say, it doesn't matter because my wife
was sick.
Speaker 1 (24:25):
What do you say, I mean, what do you say
to that? You say, yeah, yeah.
Speaker 2 (24:29):
And the fact that they say refundable not refundable, doesn't
mean anything. The only thing that matters is the word refundable.
That you can hold them too. But if they're silent
on it, uh no, they don't have to refund the money.
On top of that, I'll tell you what they do
have to do here is what the law forces them
to do is to mitigate the damage. In other words,
(24:50):
they have to make reasonable attempts to rent that place
out for those eleven days that you are gone, and
if they can get it rent it out, then you
are entitled to the refund because they're not allowed to
have a double hit here. They can't keep your eleven
days and rent it. So they're doing Uh that's unjust
(25:13):
in Richmond, they have just doubled their profit, which at
your expense, because you have effectively subsidized subsidized it.
Speaker 1 (25:20):
Uh, they're not allowed to do that.
Speaker 2 (25:22):
But you leaving eleven days early and then all of
a sudden you're bailing. And now how do they rent
the place for eleven days?
Speaker 1 (25:33):
I'll see yea very easily.
Speaker 6 (25:34):
There's people that come and go all the time, all.
Speaker 2 (25:36):
Right, and you have to then you have when they
when you sue them, you're going to have to say
they could have they could have easily, and they should
have tried. And they're going to say, just because people
are coming in and out, they have reservations, we have
to go out and start.
Speaker 1 (25:52):
Looking for people.
Speaker 2 (25:55):
Yeah, yeah, you got no place to go on that one.
Oh good news, no case, ex excellent.
Speaker 1 (26:02):
Now what happens if you have bad breath?
Speaker 2 (26:04):
Well, all of us have bread bad breath at one
time or another, and usually what do you do with it?
You brush your teeth, okay, or you second on a
mint that helps the mouth part, But how about the
rest of it? Because bad breath sometimes starts stays in
your stomach because that's where the food is digesting and
gurgling and doing it stuff. And so Zelman's Mintya Mouthmen's
(26:27):
the only man I know that does both. Not only
does it take care of your mouth part, and boy,
it's a strong mint, really good.
Speaker 1 (26:33):
Tastes great.
Speaker 2 (26:34):
But then you swallow these little capsules or you bite
into them, and it's partially seed oil that goes down
into your gut and really gets to work. So that fresh, clean,
wonderful breath stays with you for hours and hours. And
that's the magic, the beauty of Zelman's Minty Mouth mints
clinically tested against even garlic and onions. So you can
(26:56):
tell I'm a big fan and I always have mine
with me.
Speaker 1 (26:59):
Zelman's been team Outhman.
Speaker 2 (27:00):
So here's what's going on right now until December thirty one,
till the end of the year. An automatic fifteen percent
discount if you go to Zelmans dot com z E
L M I N S. Zelmans dot com slash kfi
zelmans dot com slash kfi that's zelmans dot com.
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