Episode Transcript
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Speaker 1 (00:00):
You're listening to Can't I Am six forty the bill
handles show on demand on the iHeartRadio f There is
a fun case, and this has to do with a trademark.
Usually trademark cases they're kind of boring. I'll get phone
calls and sometimes that's a trademark case.
Speaker 2 (00:20):
Not interested.
Speaker 1 (00:21):
And trademarks are phrases, for example, that are unique.
Speaker 2 (00:28):
Some of them you.
Speaker 1 (00:30):
Can say are general use describing virtually everything, and the
courts will say, nah, that can't be trademarked, it is
too generic.
Speaker 2 (00:42):
They're also in Europe.
Speaker 1 (00:44):
If you try to trademark, there is the European Union
that controls it.
Speaker 2 (00:50):
So it's all the countries in Europe who belong to THEEU.
Speaker 1 (00:53):
If there is a trademark violation or you're arguing that
you should have a trademark, go in front of the EU.
Speaker 2 (01:01):
So this has to do with Ukraine.
Speaker 1 (01:03):
Ukraine's border guards and the border guards sort of their.
Speaker 2 (01:07):
Army for the border guards and there.
Speaker 1 (01:11):
If you remember when Ukraine was first invaded by Russia.
Speaker 2 (01:17):
The very first part of.
Speaker 1 (01:20):
Ukraine that was invaded was Snake Island, this little tiny
island that had several of Ukrainian border guards guarding it,
and there was a Russian warship that pulled up and
called for the surrender of these several Ukrainian border Guard
(01:40):
troops and the cry back, and this was done with
loud speakers saying Russian warship, go f yourself.
Speaker 2 (01:54):
And they used the for full F word and it man.
Speaker 1 (02:00):
It exploded all over the world, and there were t
shirts and there were memes. And what the Ukrainian border
guards did is they asked for a trademark.
Speaker 2 (02:13):
Russian warship, go f yourself.
Speaker 1 (02:17):
And the European Union said, Nah, you can't trademark it
because it is a political slogan, and you cannot trademark
political slogan. The General Court of the European Union said,
the phrase quickly became a symbol of Ukraine's fight against
Russian aggression, that is one percent political, and therefore it
(02:41):
cannot be trademarked at all. They were going to use
that trademark we're talking about the Border Guard of Ukraine
to sell all kinds of merch, all kinds of publishing.
They were going to use it for education, entertainment, even
sports services. And the court ruled that the trademark of
(03:04):
that phrase would fail to fulfill its essential function, and
what consumers would do is perceive a political message rather
than a commercial message, and commercial messages are allowed. Coca Cola,
you know, we're the best coal in the world, or
whatever you can think of. Private or public companies trademarking
(03:27):
various phrases describing what they do, and this becomes a
political slogan kind of interesting stuff. So no trademark for you,
even though everybody loves that phrase.
Speaker 2 (03:41):
Russians Russian worship. Go f yourself. Okay, let's do it.
We've got few phone calls.
Speaker 1 (03:52):
Uh yeah, let me think.
Speaker 2 (03:56):
Okay, Gabriela, we'll start with you. Hey, Gabriela or Gabiel,
what can I do for you?
Speaker 3 (04:02):
Hi?
Speaker 4 (04:02):
Bill, thank you so much for taking my call. My
eighteen year old son got in a solo car accident
last Christmas Day. He ran head on into a pole.
Thank god he wasn't hurt or his girlfriend, but the
poll got knocked down and insurance company contacted me that
(04:23):
the city is demanding an additional nine thousand dollars nine
thousand plus the insurance covered ten grand of the damage
to the pole, So now the city is coming after
my son for additional damages.
Speaker 2 (04:38):
Okay, that's the window. So they paid.
Speaker 1 (04:40):
They paid the city nine thousand dollars. They paid the
city what eight thousand dollars for a nine thousand dollars poll.
Speaker 4 (04:47):
They paid the city ten grand, which was what are policies?
Speaker 2 (04:51):
Okay? And okay, your policy limits?
Speaker 1 (04:53):
And they want an additional nine nine now, and the
city accept to the ten thousand dollars.
Speaker 4 (05:03):
They did, but they want an additional.
Speaker 2 (05:05):
Nine Okay, but I'm assuming they didn't cash the check.
Speaker 5 (05:10):
I the CD.
Speaker 4 (05:11):
I have no idea.
Speaker 2 (05:12):
Yeah, probably not, yeah, probably not. Well, here's the policy.
Speaker 1 (05:16):
If you only have ten thousand dollars, you have ten
thousand dollars and that's all the insurance company is going
to pay.
Speaker 2 (05:22):
And so the city at this point has its choice.
Speaker 1 (05:26):
Do they accept the ten thousand dollars from the insurance
company and then it's over, or do they say, no,
we want nineteen thousand dollars for you from the poll
and they go ahead and file acclaim. It can actually
sue you for the amount of money. It's kind of weird.
Ten thousand dollars in property damage? Are their defenses to that?
(05:47):
Can you argue the poll jumped in front of the car.
I will try that. No, that probably won't work. Okay, yeah,
I mean your kid damaged the pole. It's nineteen thousand
dollars that you can negotiate it.
Speaker 2 (06:02):
You can call the city and say.
Speaker 1 (06:03):
Hey, I don't have any money, I'm eighteen years old.
Take the ten thousand dollars and leave me alone.
Speaker 2 (06:10):
You're I mean, you're.
Speaker 1 (06:11):
Probably going to negotiate with whatever administrative agency that deals
with polls being run over by cars. I don't know
what that is. Maybe the city attorney's office. I have
no idea, but yeah, they can do that. If your
kid did that much damage, they don't have to take
what the insurance says.
Speaker 2 (06:27):
They can go after the kid, but they will they
there's no money there.
Speaker 4 (06:33):
The city refused to negotiate.
Speaker 2 (06:34):
My sense called okay, well that's a problem. Then that's
a problem.
Speaker 1 (06:38):
If they don't want to negotiate and they want their
nineteen thousand dollars and let the city go after your son,
that's what they're going to do.
Speaker 2 (06:46):
There's not much you can do.
Speaker 4 (06:48):
Are we better off just agreeing to pay than I
don't know.
Speaker 2 (06:51):
You can cut you know, you can try to cut
a deal with the city.
Speaker 1 (06:55):
Have him argue, I have no money. You're never going
to see a dime of it because I am broke,
I have eighteen years old and maybe maybe they're going
to file a lawsuit and get a judgment which stays
with your kid for ten years and and he goes
bankrupt on them and they won't see a dime. I mean,
it's in the fact the city says they're not negotiating.
(07:18):
Just start talking to everybody over there. But legally, your
kid's kind of screwed. And so what's the takeaway?
Speaker 2 (07:24):
Don't run into polls? Okay, that's the takeaway company.
Speaker 4 (07:29):
The insurance company, Peter To say that they would offer
legal representation if my son wanted that.
Speaker 6 (07:37):
They have to.
Speaker 2 (07:38):
They have to if the city suites.
Speaker 1 (07:41):
Okay, yeah, but again, all they're going to pay is
ten thousand dollars.
Speaker 2 (07:45):
That's it. Those are your policy limits.
Speaker 1 (07:48):
Your insurance company doesn't have to pay a dime more
than that because those are that's the kind of insurance,
or that's limited insurance that you paid for.
Speaker 2 (07:58):
This is Handle on the Law.
Speaker 7 (08:02):
You're listening to Bill Handle on demand from KFI A
six forty.
Speaker 2 (08:08):
Ricky, Hi, Ricky, what can I do for you?
Speaker 3 (08:12):
Bill.
Speaker 2 (08:13):
Yes, Hey, I was wondering.
Speaker 5 (08:14):
So if the men and his brothers ever were released
from prison, would they become millionaires?
Speaker 2 (08:19):
Oh that's a good question.
Speaker 1 (08:21):
Actually, normally, I just I don't go into these big,
you know, policy questions. So you're talking about inheriting the
money that their parents have the estate or selling their story.
Speaker 2 (08:37):
Yeah, well, inheriting any money that they're fathering.
Speaker 1 (08:40):
Yeah, I don't think so, because if their conviction still
stands that you can't inherit money. You can't inherit by
killing someone. If you are a beneficiary, the law doesn't
let you do that. The other side of it, they
can't sell their story. They can't benefit in terms of
(09:00):
the value of what they did and their story.
Speaker 2 (09:03):
So both sides, the answer is no. Oh that's great.
Speaker 8 (09:08):
So hopefully they'll end up on skid row.
Speaker 2 (09:11):
Well, and you know, they may not.
Speaker 1 (09:13):
They may not because they have a lot of family
that believes that they have paid the price, that.
Speaker 2 (09:20):
There was some genuine, genuine.
Speaker 1 (09:23):
Assault by sexual assault and physical assault as well as
emotional assault by their dad. So and they spent thirty
five years in prison. If they get released, so you know,
that's a different story. Yeah, Okay, I rarely, rarely do that,
but that's kind of neat.
Speaker 2 (09:42):
Devon, Hi Devon, Hey, good morning.
Speaker 8 (09:45):
Be Yes sir, quick question, quick question for you brother.
Speaker 9 (09:49):
The state of California not recently been, but has banned
mynthow cigarettes.
Speaker 2 (09:55):
Yes, all other cigarettes are.
Speaker 9 (09:58):
Completely legal to smoke.
Speaker 2 (10:00):
Yes.
Speaker 9 (10:01):
My question is is it legal for the state to
ban these cigarettes?
Speaker 10 (10:06):
When?
Speaker 9 (10:06):
Absolutely when the rest of the country.
Speaker 2 (10:08):
Yes, yes, how can because the state passed the law?
Speaker 1 (10:13):
You know, for example, the state has different smog restrictions
of the rest of the country. It says we're going
to have a more onerous emission level for gasoline.
Speaker 2 (10:24):
We can do that. The state can charge us separate
property tax.
Speaker 1 (10:29):
But wait a second, they charge a different tax in
other parts of the country.
Speaker 2 (10:32):
So what the state has the right to do that? Absolutely?
Speaker 9 (10:37):
Okay, So can I argue if that's the case, then
why why not banned bullets and people can only use
non lethal round understood?
Speaker 1 (10:46):
And that is a question because there is no Second
Amendment right to smoke menthol cigarettes.
Speaker 2 (10:53):
It's not in the constitution. Why there's a genius for you?
Speaker 1 (10:58):
Oh all right, Nikki, Hi, Nikki, yeah, Nikki?
Speaker 2 (11:07):
Is there one minute? Why am I waiting.
Speaker 11 (11:12):
Hello, yes, you hear me, I can okay, yeah, sorry,
So one year ago, somebody stole the key to our
community him box. Unfortunately, the driver license for my son
just came in. So they opened a fraudulent business account
with my son name. Uh. They deposited seventy six thousand
(11:35):
dollars with I don't know, fraudulent uh checks or they
took the name looked like medical places and then they
would draw the money. So we have to take him
through all the bullets go back and forth.
Speaker 1 (11:49):
Wait, wait, wait a minute, hold on, Uh, was money
stolen from you?
Speaker 5 (11:55):
No?
Speaker 11 (11:55):
No, they you hit named open a banker.
Speaker 2 (11:58):
Okay, they owned my bank account and they they put money.
Speaker 1 (12:00):
Okay, they put money in and then withdrew money and
et cetera.
Speaker 2 (12:04):
And they just use your son's name.
Speaker 11 (12:05):
By the time they found out seventy six dollars.
Speaker 2 (12:09):
Yeah, but who's who's seventy six thousand dollars?
Speaker 11 (12:12):
Was it? They from variety of medical places?
Speaker 2 (12:17):
Okay?
Speaker 1 (12:18):
So wait a second, seventy six thousand dollars was stolen
from a variety of medical places.
Speaker 2 (12:25):
Okay? And have they gone after your.
Speaker 11 (12:27):
Son for that money?
Speaker 2 (12:29):
Nikki?
Speaker 1 (12:29):
Have they gone after your son for that money.
Speaker 11 (12:33):
The police go to the neck door neighbor at twelve Niki.
Speaker 1 (12:37):
Have they gone after your son for the money? Has
anybody sued or demanded that your son pay the money.
Speaker 11 (12:47):
They they sent?
Speaker 3 (12:50):
Uh?
Speaker 11 (12:52):
What do you call collector?
Speaker 1 (12:54):
Okay, so they're asking your son for the seventy six
thousand dollars?
Speaker 2 (12:57):
Is that correct?
Speaker 11 (13:00):
Not yet? But what I'm saying so let me no.
Speaker 2 (13:04):
No, no, I don't have the patience for this. Not
a chance.
Speaker 1 (13:07):
Oh, Cynthia, see I mister your patience here, Cynthia.
Speaker 2 (13:12):
What can I do for you?
Speaker 3 (13:13):
Oh?
Speaker 1 (13:13):
You know what, Cynthia, Let me put you on hold
because I think you actually may spend a minute or
two with me.
Speaker 2 (13:19):
I'll be right back. Don't go away on that one.
So let me tell you about your business for a moment.
The less your.
Speaker 1 (13:24):
Business spends on delivering your product or service, the more
margin you have, the more money keep. Everything is more
expensive these days. Just looked at the menu I'm going
to dinner tonight. I just can't believe the prices. The
other day I went to a deli and a sandwich
was twenty eight dollars.
Speaker 2 (13:42):
What the hell is that about?
Speaker 1 (13:44):
Costs have gone up, gone up on materials, employees, distribution, borrowing,
I mean all of it. So with net suite you
can reduce costs and headache headaches. And here's why it's
the number one cloud financial system for your business, accounting,
management and inventory.
Speaker 2 (14:00):
If you do that hr into one platform, you.
Speaker 1 (14:04):
Can reduce it costs because well, it.
Speaker 2 (14:06):
All lives in the clouds, so there's no hardware required.
Speaker 1 (14:10):
It can be accessed from anywhere, so you're not maintaining
multiple systems because you've got one.
Speaker 2 (14:16):
One unified business management suite.
Speaker 1 (14:18):
Over thirty seven thousand companies have made this, and I'm
willing to bet NetSuite can help you make your business
just more efficient.
Speaker 2 (14:26):
You'll make more money. It's a free download.
Speaker 1 (14:29):
By the way, visit NetSuite dot com slash handle NetSuite
as an office suitees NetSuite dot com slash handle.
Speaker 2 (14:38):
This is handle on the law.
Speaker 7 (14:42):
You're listening to Bill Handle on demand from KFI AM
six forty.
Speaker 2 (14:48):
All right, Cynthia, let's have it. What can I do
for you?
Speaker 10 (14:51):
All right?
Speaker 5 (14:52):
Thank you?
Speaker 12 (14:54):
Some property.
Speaker 1 (14:55):
If Cynthia, I'm having a hard time with this phone call,
you either have to peak louder.
Speaker 2 (15:00):
We need a better care. Yeah, Okay, Is that better?
Speaker 12 (15:03):
Yeah, property, an empty lot was given to me and
my boyfriend and there wasn't any money exchanged. The couple
just wanted to get rid of it, and so my
boyfriend didn't want it in his name, so he put
it into his child's name. Okay, and that was ten
(15:26):
years ago. And now I've been paying that the taxes
for the past ten years by myself. No one has
helped me. How do I get that person's name off
of the deed?
Speaker 2 (15:39):
You don't. I don't know that person owns the property.
Speaker 1 (15:44):
What I mean you just arbitrarily say, even though I've paid,
I want you to no longer own the property.
Speaker 2 (15:49):
I don't know how to do it.
Speaker 1 (15:52):
Because you pay the taxes doesn't mean you own the property.
The deed determines who owns the property, who holds title.
Speaker 2 (15:59):
It's you and this kid, So you don't not that complicated. Vern,
Welcome to handle on the lah Hi Vern Yo, Vern, Okay.
(16:20):
I have no idea what Vern is doing. Maybe Vern
is changing his batteries and his hearing aid. No idea
Vern going once I'm here? All right?
Speaker 12 (16:31):
Well?
Speaker 2 (16:31):
Yes, okay, Vern.
Speaker 8 (16:35):
Hi, thank you for taking my call.
Speaker 3 (16:36):
Bill.
Speaker 8 (16:36):
Sure, it was nice to meet you at the Wild
Fork and oh, okay, yeah, all right, real quick, I
know you're short on time.
Speaker 6 (16:45):
Hey.
Speaker 8 (16:46):
The summer before last we were in Kawai and we
had an aborted takeoff with the American Airlines. Absolute nightmare,
smoking brakes and fire trucks at the end of the runway.
We had to wait for many hours and got to
the desk and they said, we have no more vouchers.
You're on your own.
Speaker 12 (17:04):
Good luck.
Speaker 8 (17:04):
Here's forty bucks for food. So I called many places
around the airport, couldn't find anything. Finally found a place
that was about I don't know, twelve hundred bucks for
the three of us my family and I, oh.
Speaker 2 (17:17):
You're talking about the hotel. Yeah, okay.
Speaker 8 (17:21):
Anyways, we had to get a car tessplication, so came
out to fifteen hundred bucks, and all they reimbursed this
was for four hundred dollars. They refused to reverse this
for a ground transportation. They said, no, sorry, how did
you get is four hundred bucks? How do I?
Speaker 1 (17:38):
Well, okay, here's here. Here is the problem you may have.
It may be a limit of four hundred dollars. That's
all they have to reimburse. And there are all kinds
of regulations and federal rules about that sort of thing
that they comply with, and they're getting more and.
Speaker 2 (17:59):
More liberal role where the.
Speaker 1 (18:01):
Law is getting more and more restrictive towards the airline
and more liberal in terms of the money you get.
So I don't know what the rules are, but you
can certainly call the Department of Transportation.
Speaker 2 (18:13):
And you'll talk to somebody there and ask what happens,
How do I deal with it?
Speaker 1 (18:19):
Because there are restrictions, by the way, for American to
do that, that's just crappy, by the way, that's just
you know, you understand that you know, planes blow up, well,
in this case it didn't, but there are problems, mechanical problems.
I mean, you know, it just happens, and you know
you're lucky the plane didn't fall out of the sky,
but for them not to have reimbursed you your legitimate expenses, Yeah,
(18:44):
call it Department of Transportation and see what you're entitled
to legally, and then just start calling around, you know,
the vice president in charge of aborted takeoffs somewhere American Airlines.
Speaker 2 (18:55):
You'll be able to talk to someone. Yeah, that's a drag,
all right. Another airline question, Hi John, Hey Bill, how
you doing? Yes? Oh ahead, all right, real quick.
Speaker 10 (19:05):
I worked for a major airline that had a contract
that became amendable while I was still working for them,
but they didn't finalize the contract until twenty twenty three.
I retired in twenty twenty one. Am I entitled to
any of the back pay? Because no, of course not.
Speaker 2 (19:24):
No. Why would you be entitled to back pay if
that's the.
Speaker 10 (19:28):
Case still working there?
Speaker 1 (19:30):
If you're you're entitled to the pay from the time
the new deal is cut at that moment you get.
Speaker 2 (19:37):
The new deal. Okay, why would you get the deal?
Speaker 1 (19:40):
Why would why would you go back and say, you
know what I earned X dollars then, and now there's
a new pay schedule and I want back pay at
the new pay schedule.
Speaker 2 (19:51):
I don't understand what you're asking here.
Speaker 10 (19:54):
Well, because I was still working from that PIOD twenty
nineteen to twenty twenty one when I retired.
Speaker 1 (19:59):
Okay, but I don't okay, I don't understand. Was the
was the new deal retroactive or did it start at
date certain and you got more money?
Speaker 10 (20:12):
No, it was they paid back it was retroactive back to.
Speaker 1 (20:16):
Oh if it was retroactive and they didn't pay you. Yeah,
you're entitled the money. Of course, they have to pay
you if they say it's retroactive. So you know, it
happens all the time. You have a new teachers union contract,
new collective bargaining and it says, okay, you're negotiating for
a year and it goes, here's our new deal, and
(20:37):
we're that this new pay schedule goes retroactive to a
year ago. Okay, then you're entitled to it. If it's not,
then it's just from the time that the new deal
is cut. I don't understand. Does it is the new
pay level? Is it retroactive?
Speaker 10 (20:58):
They well, yeah, they paid back pay to almost people
for all those years.
Speaker 2 (21:01):
Okay, then you're entitled to it. Why wouldn't you be
a title to it.
Speaker 10 (21:06):
Since I'm retired, I'm out of luck.
Speaker 2 (21:07):
Oh yeah, if you're retired, you're out of luck. Yeah.
I think that cuts it off.
Speaker 1 (21:12):
I think you're done if you've retired. Yeah, that's my understanding.
I mean, I don't know what the union rules are
because that's a collective bargaining situation.
Speaker 2 (21:22):
Steve Hi, Steve, welcome.
Speaker 6 (21:25):
Hey, my daughter works at an Indian reservation and she
is not giving her breaks, and her manager is telling
her they don't have to give breaks because they're on
federal land.
Speaker 1 (21:37):
They're not on federal land, they're on sovereign land. They're
on It's really interesting with Indian reservations.
Speaker 2 (21:45):
It's quasi.
Speaker 1 (21:46):
It's a quasi sovereign country Indian reservations, and they are
not in most cases, they are not limited or they
don't have to adhere to rules. So I'm guessing that
he is right that, for example, a state law that
says you have to get breaks on an Indian reservation,
(22:08):
the state doesn't control.
Speaker 10 (22:11):
What about the Feds.
Speaker 2 (22:13):
Yeah, I don't think there is federal law. But even
then it really doesn't matter.
Speaker 1 (22:18):
For example, there's federal taxes right on gasoline.
Speaker 2 (22:21):
Not on an Indian reservation. There isn't there exempt from taxes.
Speaker 1 (22:26):
That's why you go to one of the Indian reservations
and you buy gasoline for a buck eighty less than
you pay right out of the Indian reservations.
Speaker 2 (22:36):
So I don't know. I don't know what the.
Speaker 1 (22:39):
Rules are, whether this specific rule, for example, breaks they
have to give. You know, for example, let's say it's
the sovereign nation. However, there are some limitations, one of
them being that the state of California in this case,
has a right to determine how many gaming tables or
(23:01):
slot machines in an Indian gaming establishment, gambling establishment, a hotel,
that there is some kind of regulation that is allowed.
It's insanely complicated as to how it's unique Indian reservations
in this country. It is truly a separate country, a
(23:22):
sovereign country onto itself, with all kinds of limitations.
Speaker 2 (23:27):
So for the gaming board, well we.
Speaker 1 (23:31):
Don't not the gaming board. That's the gaming board is
in Nevada. Now, this is I don't know who controls
the casinos.
Speaker 2 (23:43):
You know they have. I don't think you're allowed in California.
Speaker 1 (23:47):
You're allowed poker. I don't think you're allowed roulette. But yeah,
they that's those are negotiated. There's some laws that do
control and others don't. I'm telling you, it's insanely complicated.
I don't know the Indian law on this, but I'm
willing to guess that they're absolutely right now. I don't
think they have to give breaks unless the law says
(24:09):
they have to get breaks.
Speaker 2 (24:12):
This is handle on the law.
Speaker 7 (24:16):
You're listening to Bill Handle on demand from KF I
am six forty.
Speaker 2 (24:23):
David, Yes, sir, What can I do for you? David? Yes, sir, Hello, Yes, David,
go ahead, Yes, Hi.
Speaker 13 (24:35):
I am a dentist and I signed a excuse me,
I was dealing with my building manager in terms of
signing the lease, and she said, just sign a seven
year lease, no problem.
Speaker 2 (24:49):
And I explained to.
Speaker 5 (24:50):
Her, right then, first thing I said out out of
my mouth, I'm planning on retiring before that seven year
leases up. And she said, not to worry. We handle
this all the time, people retiring before the before the
lease is up.
Speaker 6 (25:04):
So I retired in this in UH in August.
Speaker 5 (25:08):
And now the company says that she did not the
building managers did not have time, she did not have
the authority to say what she did, and that I
still owe oh rent. And I said, had I known that,
I would never have signed the lease because I believed
that what am I supposed to do not beory the
building manager she was my contact. Yeah, David, second, Dave,
I would David, I would never have.
Speaker 1 (25:29):
You know, I understand, I understand, but here's a question.
You sign a lease that says seven years right there
on paper. Boom boom, boom boom.
Speaker 2 (25:36):
And there is nothing in the lease. There is no language.
Speaker 1 (25:41):
Whatsoever that says that if you retire somehow, the lease
at that point is terminated.
Speaker 2 (25:48):
Uh, you have the word of a manager.
Speaker 1 (25:50):
What if she gets hit by a truck after you
sign the lease and no one knows that she said that,
or she denies she says that, David, this is your fault.
Speaker 5 (26:04):
I'm not I'm not denying that.
Speaker 2 (26:06):
Okay, So what's your question.
Speaker 5 (26:09):
I think that I signed under false pretenses.
Speaker 1 (26:12):
Uh okay, that's your that's what you're saying.
Speaker 2 (26:16):
You sign under false pretenses.
Speaker 1 (26:18):
And you're gonna go that. You're gonna go to court
and you're going to say this is what happened. And
the building manager is the building manager still working there?
Speaker 5 (26:27):
Nope, she's not there anymore.
Speaker 2 (26:29):
Okay. Wow. So they're gonna bring her in and she's
gonna testify.
Speaker 1 (26:33):
Uh yeah, now I said that absolutely, and they're gonna
say she wasn't authorized to say that, and uh.
Speaker 2 (26:40):
Then the conversation is over.
Speaker 1 (26:43):
What if she said, uh, you know what, you're signing
a lease and you're you're we're charging you three thousand
dollars a month on the lease. And she says, by
the way, all you have to do is pay fifteen
hundred dollars.
Speaker 2 (26:56):
But she said, I only have to pay fifteen hundred dollars.
That's what she said. What if she had said to you,
you get a year's free rent. Are you going to
actually argue? But she said, I got a year's free rent.
Speaker 1 (27:12):
But she said I can retire early. You're screwed, David,
You are screwed.
Speaker 2 (27:18):
And I don't even want to hear that. But what
do you expect? Lydia, Lydia, Lydia, the tattooed lady.
Speaker 3 (27:27):
Yes, go ahead, Yes, I am her, Yes I do.
Speaker 7 (27:32):
So.
Speaker 3 (27:33):
I ordered a plea spray for my dogs from Amazon.
They delivered it. They delivered it. I try spraying my
dogs with the spray bottle and it wouldn't spray straight.
It would sprayed down, so it was effective. It was
going to try spraying them. It wouldn't work, So it's
sprayed down. I call Amazon let them know it's defective,
(27:55):
So can you please send me a barcode. I'm going
to return it. They send me a barcode to turn
it the next day. So I left the bottle of
spray on top of my table, the dining table, in
the box that it came in, ready to send out
the following day.
Speaker 12 (28:09):
To return it.
Speaker 3 (28:10):
Went to bed the next morning. When I woke up,
all that spray that was in the bottle just fell
out into the table and onto my wooden floors.
Speaker 4 (28:23):
Everything.
Speaker 3 (28:24):
There was a puddle of that stuff everywhere underneath the table,
and my house melt terrible. I call Amazon, let them
know what happened. They told me to send pictures, send
me as much information as you can, and I did.
They told me get an estimate of your damage floors
and the table. I did back and forth emails. They
(28:44):
send that case to their insurance company, which is Sedwick.
I'm waiting to hear from them right now. What do
you think is going to happen.
Speaker 11 (28:53):
With that case?
Speaker 2 (28:54):
I don't know at this point.
Speaker 1 (28:56):
I mean, if they're willing to do that and they
turn it over the insurance company and you have the
pictures and they said everything they're going to do.
Speaker 2 (29:03):
I mean, Amazon is not a small company.
Speaker 1 (29:05):
This is not a Mom and popper, and they have
obviously an entire department. They the fact that they said
this is what we need I don't think they were
pulling your chain. What I think is going to happen
is they're going to make you an offer of some kind.
How much damage are you claiming.
Speaker 3 (29:25):
A little bit under two thousand dollars?
Speaker 1 (29:26):
All right, well, you know are they going to pay it?
I don't know, man, I don't know who makes that decision.
I don't know who makes that decision in the insurance company,
and so I can't tell you. Bottom line is I
have no idea. And that's not even marginal legal advice.
That actually is I have no idea, and no one
has any idea. God how very rarely happens when usually
(29:50):
it's I have no idea. Generally it deals with the
law when I just don't know or I'm wrong.
Speaker 2 (29:56):
I have no idea. All right, Before I walk out.
Speaker 1 (30:00):
And say goodbye, I want to tell you about the
latest with Zelman's minty Mouth mins, the offer they're making.
Speaker 9 (30:07):
Now.
Speaker 1 (30:07):
I've been talking about Zelman's for I don't know how
many months now. And these are these mints that are
on these little packets and I use them all the time.
Speaker 2 (30:18):
I have them all over the place.
Speaker 1 (30:19):
And it has to do with your breath and if
you at all concerned about your bad breath. Throw a
couple of these in your mouth, and they have this
minty coating that's pretty.
Speaker 2 (30:29):
Strong and lasts for a while, and your mouth feels
so fresh and clean.
Speaker 1 (30:32):
And then you either bite into these capsules or you
swallow them. I swallow them and they go down in
your gut because it's sparsely seed oil, and it really
gets to work in your gut.
Speaker 2 (30:42):
No other mint does that, And.
Speaker 1 (30:43):
So the freshness and the fresh breath feel just goes
on for hours and hours, far more than any other
mint even pretends to do. So here is what they're offering,
and I've never seen them do this. If you order
a three pack, you will get a bonus pack. In
other words, you order three you'll get a fourth package
of Zelman's Minty Mouth Bitch. So go to zelmans dot
(31:07):
com slash handle Z E L M I N S.
Zelmans dot com slash handle, order three pack, get a
free pack on top of that three free. I have
to make sure you understand that because I barely do
zelmans dot com slash handle. Zelmans dot com slash handle,
(31:28):
this is handle on the law.
Speaker 2 (31:32):
You've been listening to the bill handle Show.
Speaker 1 (31:34):
Catch My Show Monday through Friday six am to nine am,
and anytime on demand on the iHeartRadio app
You're listening to Can't I Am six forty the bill
handles show on demand on the iHeartRadio f There is
a fun case, and this has to do with a trademark.
Usually trademark cases they're kind of boring. I'll get phone
calls and sometimes that's a trademark case.
Speaker 2 (00:20):
Not interested.
Speaker 1 (00:21):
And trademarks are phrases, for example, that are unique.
Speaker 2 (00:28):
Some of them you.
Speaker 1 (00:30):
Can say are general use describing virtually everything, and the
courts will say, nah, that can't be trademarked, it is
too generic.
Speaker 2 (00:42):
They're also in Europe.
Speaker 1 (00:44):
If you try to trademark, there is the European Union
that controls it.
Speaker 2 (00:50):
So it's all the countries in Europe who belong to THEEU.
Speaker 1 (00:53):
If there is a trademark violation or you're arguing that
you should have a trademark, go in front of the EU.
Speaker 2 (01:01):
So this has to do with Ukraine.
Speaker 1 (01:03):
Ukraine's border guards and the border guards sort of their.
Speaker 2 (01:07):
Army for the border guards and there.
Speaker 1 (01:11):
If you remember when Ukraine was first invaded by Russia.
Speaker 2 (01:17):
The very first part of.
Speaker 1 (01:20):
Ukraine that was invaded was Snake Island, this little tiny
island that had several of Ukrainian border guards guarding it,
and there was a Russian warship that pulled up and
called for the surrender of these several Ukrainian border Guard
(01:40):
troops and the cry back, and this was done with
loud speakers saying Russian warship, go f yourself.
Speaker 2 (01:54):
And they used the for full F word and it man.
Speaker 1 (02:00):
It exploded all over the world, and there were t
shirts and there were memes. And what the Ukrainian border
guards did is they asked for a trademark.
Speaker 2 (02:13):
Russian warship, go f yourself.
Speaker 1 (02:17):
And the European Union said, Nah, you can't trademark it
because it is a political slogan, and you cannot trademark
political slogan. The General Court of the European Union said,
the phrase quickly became a symbol of Ukraine's fight against
Russian aggression, that is one percent political, and therefore it
(02:41):
cannot be trademarked at all. They were going to use
that trademark we're talking about the Border Guard of Ukraine
to sell all kinds of merch, all kinds of publishing.
They were going to use it for education, entertainment, even
sports services. And the court ruled that the trademark of
(03:04):
that phrase would fail to fulfill its essential function, and
what consumers would do is perceive a political message rather
than a commercial message, and commercial messages are allowed. Coca Cola,
you know, we're the best coal in the world, or
whatever you can think of. Private or public companies trademarking
(03:27):
various phrases describing what they do, and this becomes a
political slogan kind of interesting stuff. So no trademark for you,
even though everybody loves that phrase.
Speaker 2 (03:41):
Russians Russian worship. Go f yourself. Okay, let's do it.
We've got few phone calls.
Speaker 1 (03:52):
Uh yeah, let me think.
Speaker 2 (03:56):
Okay, Gabriela, we'll start with you. Hey, Gabriela or Gabiel,
what can I do for you?
Speaker 3 (04:02):
Hi?
Speaker 4 (04:02):
Bill, thank you so much for taking my call. My
eighteen year old son got in a solo car accident
last Christmas Day. He ran head on into a pole.
Thank god he wasn't hurt or his girlfriend, but the
poll got knocked down and insurance company contacted me that
(04:23):
the city is demanding an additional nine thousand dollars nine
thousand plus the insurance covered ten grand of the damage
to the pole, So now the city is coming after
my son for additional damages.
Speaker 2 (04:38):
Okay, that's the window. So they paid.
Speaker 1 (04:40):
They paid the city nine thousand dollars. They paid the
city what eight thousand dollars for a nine thousand dollars poll.
Speaker 4 (04:47):
They paid the city ten grand, which was what are policies?
Speaker 2 (04:51):
Okay? And okay, your policy limits?
Speaker 1 (04:53):
And they want an additional nine nine now, and the
city accept to the ten thousand dollars.
Speaker 4 (05:03):
They did, but they want an additional.
Speaker 2 (05:05):
Nine Okay, but I'm assuming they didn't cash the check.
Speaker 5 (05:10):
I the CD.
Speaker 4 (05:11):
I have no idea.
Speaker 2 (05:12):
Yeah, probably not, yeah, probably not. Well, here's the policy.
Speaker 1 (05:16):
If you only have ten thousand dollars, you have ten
thousand dollars and that's all the insurance company is going
to pay.
Speaker 2 (05:22):
And so the city at this point has its choice.
Speaker 1 (05:26):
Do they accept the ten thousand dollars from the insurance
company and then it's over, or do they say, no,
we want nineteen thousand dollars for you from the poll
and they go ahead and file acclaim. It can actually
sue you for the amount of money. It's kind of weird.
Ten thousand dollars in property damage? Are their defenses to that?
(05:47):
Can you argue the poll jumped in front of the car.
I will try that. No, that probably won't work. Okay, yeah,
I mean your kid damaged the pole. It's nineteen thousand
dollars that you can negotiate it.
Speaker 2 (06:02):
You can call the city and say.
Speaker 1 (06:03):
Hey, I don't have any money, I'm eighteen years old.
Take the ten thousand dollars and leave me alone.
Speaker 2 (06:10):
You're I mean, you're.
Speaker 1 (06:11):
Probably going to negotiate with whatever administrative agency that deals
with polls being run over by cars. I don't know
what that is. Maybe the city attorney's office. I have
no idea, but yeah, they can do that. If your
kid did that much damage, they don't have to take
what the insurance says.
Speaker 2 (06:27):
They can go after the kid, but they will they
there's no money there.
Speaker 4 (06:33):
The city refused to negotiate.
Speaker 2 (06:34):
My sense called okay, well that's a problem. Then that's
a problem.
Speaker 1 (06:38):
If they don't want to negotiate and they want their
nineteen thousand dollars and let the city go after your son,
that's what they're going to do.
Speaker 2 (06:46):
There's not much you can do.
Speaker 4 (06:48):
Are we better off just agreeing to pay than I
don't know.
Speaker 2 (06:51):
You can cut you know, you can try to cut
a deal with the city.
Speaker 1 (06:55):
Have him argue, I have no money. You're never going
to see a dime of it because I am broke,
I have eighteen years old and maybe maybe they're going
to file a lawsuit and get a judgment which stays
with your kid for ten years and and he goes
bankrupt on them and they won't see a dime. I mean,
it's in the fact the city says they're not negotiating.
(07:18):
Just start talking to everybody over there. But legally, your
kid's kind of screwed. And so what's the takeaway?
Speaker 2 (07:24):
Don't run into polls? Okay, that's the takeaway company.
Speaker 4 (07:29):
The insurance company, Peter To say that they would offer
legal representation if my son wanted that.
Speaker 6 (07:37):
They have to.
Speaker 2 (07:38):
They have to if the city suites.
Speaker 1 (07:41):
Okay, yeah, but again, all they're going to pay is
ten thousand dollars.
Speaker 2 (07:45):
That's it. Those are your policy limits.
Speaker 1 (07:48):
Your insurance company doesn't have to pay a dime more
than that because those are that's the kind of insurance,
or that's limited insurance that you paid for.
Speaker 2 (07:58):
This is Handle on the Law.
Speaker 7 (08:02):
You're listening to Bill Handle on demand from KFI A
six forty.
Speaker 2 (08:08):
Ricky, Hi, Ricky, what can I do for you?
Speaker 3 (08:12):
Bill.
Speaker 2 (08:13):
Yes, Hey, I was wondering.
Speaker 5 (08:14):
So if the men and his brothers ever were released
from prison, would they become millionaires?
Speaker 2 (08:19):
Oh that's a good question.
Speaker 1 (08:21):
Actually, normally, I just I don't go into these big,
you know, policy questions. So you're talking about inheriting the
money that their parents have the estate or selling their story.
Speaker 2 (08:37):
Yeah, well, inheriting any money that they're fathering.
Speaker 1 (08:40):
Yeah, I don't think so, because if their conviction still
stands that you can't inherit money. You can't inherit by
killing someone. If you are a beneficiary, the law doesn't
let you do that. The other side of it, they
can't sell their story. They can't benefit in terms of
(09:00):
the value of what they did and their story.
Speaker 2 (09:03):
So both sides, the answer is no. Oh that's great.
Speaker 8 (09:08):
So hopefully they'll end up on skid row.
Speaker 2 (09:11):
Well, and you know, they may not.
Speaker 1 (09:13):
They may not because they have a lot of family
that believes that they have paid the price, that.
Speaker 2 (09:20):
There was some genuine, genuine.
Speaker 1 (09:23):
Assault by sexual assault and physical assault as well as
emotional assault by their dad. So and they spent thirty
five years in prison. If they get released, so you know,
that's a different story. Yeah, Okay, I rarely, rarely do that,
but that's kind of neat.
Speaker 2 (09:42):
Devon, Hi Devon, Hey, good morning.
Speaker 8 (09:45):
Be Yes sir, quick question, quick question for you brother.
Speaker 9 (09:49):
The state of California not recently been, but has banned
mynthow cigarettes.
Speaker 2 (09:55):
Yes, all other cigarettes are.
Speaker 9 (09:58):
Completely legal to smoke.
Speaker 2 (10:00):
Yes.
Speaker 9 (10:01):
My question is is it legal for the state to
ban these cigarettes?
Speaker 10 (10:06):
When?
Speaker 9 (10:06):
Absolutely when the rest of the country.
Speaker 2 (10:08):
Yes, yes, how can because the state passed the law?
Speaker 1 (10:13):
You know, for example, the state has different smog restrictions
of the rest of the country. It says we're going
to have a more onerous emission level for gasoline.
Speaker 2 (10:24):
We can do that. The state can charge us separate
property tax.
Speaker 1 (10:29):
But wait a second, they charge a different tax in
other parts of the country.
Speaker 2 (10:32):
So what the state has the right to do that? Absolutely?
Speaker 9 (10:37):
Okay, So can I argue if that's the case, then
why why not banned bullets and people can only use
non lethal round understood?
Speaker 1 (10:46):
And that is a question because there is no Second
Amendment right to smoke menthol cigarettes.
Speaker 2 (10:53):
It's not in the constitution. Why there's a genius for you?
Speaker 1 (10:58):
Oh all right, Nikki, Hi, Nikki, yeah, Nikki?
Speaker 2 (11:07):
Is there one minute? Why am I waiting.
Speaker 11 (11:12):
Hello, yes, you hear me, I can okay, yeah, sorry,
So one year ago, somebody stole the key to our
community him box. Unfortunately, the driver license for my son
just came in. So they opened a fraudulent business account
with my son name. Uh. They deposited seventy six thousand
(11:35):
dollars with I don't know, fraudulent uh checks or they
took the name looked like medical places and then they
would draw the money. So we have to take him
through all the bullets go back and forth.
Speaker 1 (11:49):
Wait, wait, wait a minute, hold on, Uh, was money
stolen from you?
Speaker 5 (11:55):
No?
Speaker 11 (11:55):
No, they you hit named open a banker.
Speaker 2 (11:58):
Okay, they owned my bank account and they they put money.
Speaker 1 (12:00):
Okay, they put money in and then withdrew money and
et cetera.
Speaker 2 (12:04):
And they just use your son's name.
Speaker 11 (12:05):
By the time they found out seventy six dollars.
Speaker 2 (12:09):
Yeah, but who's who's seventy six thousand dollars?
Speaker 11 (12:12):
Was it? They from variety of medical places?
Speaker 2 (12:17):
Okay?
Speaker 1 (12:18):
So wait a second, seventy six thousand dollars was stolen
from a variety of medical places.
Speaker 2 (12:25):
Okay? And have they gone after your.
Speaker 11 (12:27):
Son for that money?
Speaker 2 (12:29):
Nikki?
Speaker 1 (12:29):
Have they gone after your son for that money.
Speaker 11 (12:33):
The police go to the neck door neighbor at twelve Niki.
Speaker 1 (12:37):
Have they gone after your son for the money? Has
anybody sued or demanded that your son pay the money.
Speaker 11 (12:47):
They they sent?
Speaker 3 (12:50):
Uh?
Speaker 11 (12:52):
What do you call collector?
Speaker 1 (12:54):
Okay, so they're asking your son for the seventy six
thousand dollars?
Speaker 2 (12:57):
Is that correct?
Speaker 11 (13:00):
Not yet? But what I'm saying so let me no.
Speaker 2 (13:04):
No, no, I don't have the patience for this. Not
a chance.
Speaker 1 (13:07):
Oh, Cynthia, see I mister your patience here, Cynthia.
Speaker 2 (13:12):
What can I do for you?
Speaker 3 (13:13):
Oh?
Speaker 1 (13:13):
You know what, Cynthia, Let me put you on hold
because I think you actually may spend a minute or
two with me.
Speaker 2 (13:19):
I'll be right back. Don't go away on that one.
So let me tell you about your business for a moment.
The less your.
Speaker 1 (13:24):
Business spends on delivering your product or service, the more
margin you have, the more money keep. Everything is more
expensive these days. Just looked at the menu I'm going
to dinner tonight. I just can't believe the prices. The
other day I went to a deli and a sandwich
was twenty eight dollars.
Speaker 2 (13:42):
What the hell is that about?
Speaker 1 (13:44):
Costs have gone up, gone up on materials, employees, distribution, borrowing,
I mean all of it. So with net suite you
can reduce costs and headache headaches. And here's why it's
the number one cloud financial system for your business, accounting,
management and inventory.
Speaker 2 (14:00):
If you do that hr into one platform, you.
Speaker 1 (14:04):
Can reduce it costs because well, it.
Speaker 2 (14:06):
All lives in the clouds, so there's no hardware required.
Speaker 1 (14:10):
It can be accessed from anywhere, so you're not maintaining
multiple systems because you've got one.
Speaker 2 (14:16):
One unified business management suite.
Speaker 1 (14:18):
Over thirty seven thousand companies have made this, and I'm
willing to bet NetSuite can help you make your business
just more efficient.
Speaker 2 (14:26):
You'll make more money. It's a free download.
Speaker 1 (14:29):
By the way, visit NetSuite dot com slash handle NetSuite
as an office suitees NetSuite dot com slash handle.
Speaker 2 (14:38):
This is handle on the law.
Speaker 7 (14:42):
You're listening to Bill Handle on demand from KFI AM
six forty.
Speaker 2 (14:48):
All right, Cynthia, let's have it. What can I do
for you?
Speaker 10 (14:51):
All right?
Speaker 5 (14:52):
Thank you?
Speaker 12 (14:54):
Some property.
Speaker 1 (14:55):
If Cynthia, I'm having a hard time with this phone call,
you either have to peak louder.
Speaker 2 (15:00):
We need a better care. Yeah, Okay, Is that better?
Speaker 12 (15:03):
Yeah, property, an empty lot was given to me and
my boyfriend and there wasn't any money exchanged. The couple
just wanted to get rid of it, and so my
boyfriend didn't want it in his name, so he put
it into his child's name. Okay, and that was ten
(15:26):
years ago. And now I've been paying that the taxes
for the past ten years by myself. No one has
helped me. How do I get that person's name off
of the deed?
Speaker 2 (15:39):
You don't. I don't know that person owns the property.
Speaker 1 (15:44):
What I mean you just arbitrarily say, even though I've paid,
I want you to no longer own the property.
Speaker 2 (15:49):
I don't know how to do it.
Speaker 1 (15:52):
Because you pay the taxes doesn't mean you own the property.
The deed determines who owns the property, who holds title.
Speaker 2 (15:59):
It's you and this kid, So you don't not that complicated. Vern,
Welcome to handle on the lah Hi Vern Yo, Vern, Okay.
(16:20):
I have no idea what Vern is doing. Maybe Vern
is changing his batteries and his hearing aid. No idea
Vern going once I'm here? All right?
Speaker 12 (16:31):
Well?
Speaker 2 (16:31):
Yes, okay, Vern.
Speaker 8 (16:35):
Hi, thank you for taking my call.
Speaker 3 (16:36):
Bill.
Speaker 8 (16:36):
Sure, it was nice to meet you at the Wild
Fork and oh, okay, yeah, all right, real quick, I
know you're short on time.
Speaker 6 (16:45):
Hey.
Speaker 8 (16:46):
The summer before last we were in Kawai and we
had an aborted takeoff with the American Airlines. Absolute nightmare,
smoking brakes and fire trucks at the end of the runway.
We had to wait for many hours and got to
the desk and they said, we have no more vouchers.
You're on your own.
Speaker 12 (17:04):
Good luck.
Speaker 8 (17:04):
Here's forty bucks for food. So I called many places
around the airport, couldn't find anything. Finally found a place
that was about I don't know, twelve hundred bucks for
the three of us my family and I, oh.
Speaker 2 (17:17):
You're talking about the hotel. Yeah, okay.
Speaker 8 (17:21):
Anyways, we had to get a car tessplication, so came
out to fifteen hundred bucks, and all they reimbursed this
was for four hundred dollars. They refused to reverse this
for a ground transportation. They said, no, sorry, how did
you get is four hundred bucks? How do I?
Speaker 1 (17:38):
Well, okay, here's here. Here is the problem you may have.
It may be a limit of four hundred dollars. That's
all they have to reimburse. And there are all kinds
of regulations and federal rules about that sort of thing
that they comply with, and they're getting more and.
Speaker 2 (17:59):
More liberal role where the.
Speaker 1 (18:01):
Law is getting more and more restrictive towards the airline
and more liberal in terms of the money you get.
So I don't know what the rules are, but you
can certainly call the Department of Transportation.
Speaker 2 (18:13):
And you'll talk to somebody there and ask what happens,
How do I deal with it?
Speaker 1 (18:19):
Because there are restrictions, by the way, for American to
do that, that's just crappy, by the way, that's just
you know, you understand that you know, planes blow up, well,
in this case it didn't, but there are problems, mechanical problems.
I mean, you know, it just happens, and you know
you're lucky the plane didn't fall out of the sky,
but for them not to have reimbursed you your legitimate expenses, Yeah,
(18:44):
call it Department of Transportation and see what you're entitled
to legally, and then just start calling around, you know,
the vice president in charge of aborted takeoffs somewhere American Airlines.
Speaker 2 (18:55):
You'll be able to talk to someone. Yeah, that's a drag,
all right. Another airline question, Hi John, Hey Bill, how
you doing? Yes? Oh ahead, all right, real quick.
Speaker 10 (19:05):
I worked for a major airline that had a contract
that became amendable while I was still working for them,
but they didn't finalize the contract until twenty twenty three.
I retired in twenty twenty one. Am I entitled to
any of the back pay? Because no, of course not.
Speaker 2 (19:24):
No. Why would you be entitled to back pay if
that's the.
Speaker 10 (19:28):
Case still working there?
Speaker 1 (19:30):
If you're you're entitled to the pay from the time
the new deal is cut at that moment you get.
Speaker 2 (19:37):
The new deal. Okay, why would you get the deal?
Speaker 1 (19:40):
Why would why would you go back and say, you
know what I earned X dollars then, and now there's
a new pay schedule and I want back pay at
the new pay schedule.
Speaker 2 (19:51):
I don't understand what you're asking here.
Speaker 10 (19:54):
Well, because I was still working from that PIOD twenty
nineteen to twenty twenty one when I retired.
Speaker 1 (19:59):
Okay, but I don't okay, I don't understand. Was the
was the new deal retroactive or did it start at
date certain and you got more money?
Speaker 10 (20:12):
No, it was they paid back it was retroactive back to.
Speaker 1 (20:16):
Oh if it was retroactive and they didn't pay you. Yeah,
you're entitled the money. Of course, they have to pay
you if they say it's retroactive. So you know, it
happens all the time. You have a new teachers union contract,
new collective bargaining and it says, okay, you're negotiating for
a year and it goes, here's our new deal, and
(20:37):
we're that this new pay schedule goes retroactive to a
year ago. Okay, then you're entitled to it. If it's not,
then it's just from the time that the new deal
is cut. I don't understand. Does it is the new
pay level? Is it retroactive?
Speaker 10 (20:58):
They well, yeah, they paid back pay to almost people
for all those years.
Speaker 2 (21:01):
Okay, then you're entitled to it. Why wouldn't you be
a title to it.
Speaker 10 (21:06):
Since I'm retired, I'm out of luck.
Speaker 2 (21:07):
Oh yeah, if you're retired, you're out of luck. Yeah.
I think that cuts it off.
Speaker 1 (21:12):
I think you're done if you've retired. Yeah, that's my understanding.
I mean, I don't know what the union rules are
because that's a collective bargaining situation.
Speaker 2 (21:22):
Steve Hi, Steve, welcome.
Speaker 6 (21:25):
Hey, my daughter works at an Indian reservation and she
is not giving her breaks, and her manager is telling
her they don't have to give breaks because they're on
federal land.
Speaker 1 (21:37):
They're not on federal land, they're on sovereign land. They're
on It's really interesting with Indian reservations.
Speaker 2 (21:45):
It's quasi.
Speaker 1 (21:46):
It's a quasi sovereign country Indian reservations, and they are
not in most cases, they are not limited or they
don't have to adhere to rules. So I'm guessing that
he is right that, for example, a state law that
says you have to get breaks on an Indian reservation,
(22:08):
the state doesn't control.
Speaker 10 (22:11):
What about the Feds.
Speaker 2 (22:13):
Yeah, I don't think there is federal law. But even
then it really doesn't matter.
Speaker 1 (22:18):
For example, there's federal taxes right on gasoline.
Speaker 2 (22:21):
Not on an Indian reservation. There isn't there exempt from taxes.
Speaker 1 (22:26):
That's why you go to one of the Indian reservations
and you buy gasoline for a buck eighty less than
you pay right out of the Indian reservations.
Speaker 2 (22:36):
So I don't know. I don't know what the.
Speaker 1 (22:39):
Rules are, whether this specific rule, for example, breaks they
have to give. You know, for example, let's say it's
the sovereign nation. However, there are some limitations, one of
them being that the state of California in this case,
has a right to determine how many gaming tables or
(23:01):
slot machines in an Indian gaming establishment, gambling establishment, a hotel,
that there is some kind of regulation that is allowed.
It's insanely complicated as to how it's unique Indian reservations
in this country. It is truly a separate country, a
(23:22):
sovereign country onto itself, with all kinds of limitations.
Speaker 2 (23:27):
So for the gaming board, well we.
Speaker 1 (23:31):
Don't not the gaming board. That's the gaming board is
in Nevada. Now, this is I don't know who controls
the casinos.
Speaker 2 (23:43):
You know they have. I don't think you're allowed in California.
Speaker 1 (23:47):
You're allowed poker. I don't think you're allowed roulette. But yeah,
they that's those are negotiated. There's some laws that do
control and others don't. I'm telling you, it's insanely complicated.
I don't know the Indian law on this, but I'm
willing to guess that they're absolutely right now. I don't
think they have to give breaks unless the law says
(24:09):
they have to get breaks.
Speaker 2 (24:12):
This is handle on the law.
Speaker 7 (24:16):
You're listening to Bill Handle on demand from KF I
am six forty.
Speaker 2 (24:23):
David, Yes, sir, What can I do for you? David? Yes, sir, Hello, Yes, David,
go ahead, Yes, Hi.
Speaker 13 (24:35):
I am a dentist and I signed a excuse me,
I was dealing with my building manager in terms of
signing the lease, and she said, just sign a seven
year lease, no problem.
Speaker 2 (24:49):
And I explained to.
Speaker 5 (24:50):
Her, right then, first thing I said out out of
my mouth, I'm planning on retiring before that seven year
leases up. And she said, not to worry. We handle
this all the time, people retiring before the before the
lease is up.
Speaker 6 (25:04):
So I retired in this in UH in August.
Speaker 5 (25:08):
And now the company says that she did not the
building managers did not have time, she did not have
the authority to say what she did, and that I
still owe oh rent. And I said, had I known that,
I would never have signed the lease because I believed
that what am I supposed to do not beory the
building manager she was my contact. Yeah, David, second, Dave,
I would David, I would never have.
Speaker 1 (25:29):
You know, I understand, I understand, but here's a question.
You sign a lease that says seven years right there
on paper. Boom boom, boom boom.
Speaker 2 (25:36):
And there is nothing in the lease. There is no language.
Speaker 1 (25:41):
Whatsoever that says that if you retire somehow, the lease
at that point is terminated.
Speaker 2 (25:48):
Uh, you have the word of a manager.
Speaker 1 (25:50):
What if she gets hit by a truck after you
sign the lease and no one knows that she said that,
or she denies she says that, David, this is your fault.
Speaker 5 (26:04):
I'm not I'm not denying that.
Speaker 2 (26:06):
Okay, So what's your question.
Speaker 5 (26:09):
I think that I signed under false pretenses.
Speaker 1 (26:12):
Uh okay, that's your that's what you're saying.
Speaker 2 (26:16):
You sign under false pretenses.
Speaker 1 (26:18):
And you're gonna go that. You're gonna go to court
and you're going to say this is what happened. And
the building manager is the building manager still working there?
Speaker 5 (26:27):
Nope, she's not there anymore.
Speaker 2 (26:29):
Okay. Wow. So they're gonna bring her in and she's
gonna testify.
Speaker 1 (26:33):
Uh yeah, now I said that absolutely, and they're gonna
say she wasn't authorized to say that, and uh.
Speaker 2 (26:40):
Then the conversation is over.
Speaker 1 (26:43):
What if she said, uh, you know what, you're signing
a lease and you're you're we're charging you three thousand
dollars a month on the lease. And she says, by
the way, all you have to do is pay fifteen
hundred dollars.
Speaker 2 (26:56):
But she said, I only have to pay fifteen hundred dollars.
That's what she said. What if she had said to you,
you get a year's free rent. Are you going to
actually argue? But she said, I got a year's free rent.
Speaker 1 (27:12):
But she said I can retire early. You're screwed, David,
You are screwed.
Speaker 2 (27:18):
And I don't even want to hear that. But what
do you expect? Lydia, Lydia, Lydia, the tattooed lady.
Speaker 3 (27:27):
Yes, go ahead, Yes, I am her, Yes I do.
Speaker 7 (27:32):
So.
Speaker 3 (27:33):
I ordered a plea spray for my dogs from Amazon.
They delivered it. They delivered it. I try spraying my
dogs with the spray bottle and it wouldn't spray straight.
It would sprayed down, so it was effective. It was
going to try spraying them. It wouldn't work, So it's
sprayed down. I call Amazon let them know it's defective,
(27:55):
So can you please send me a barcode. I'm going
to return it. They send me a barcode to turn
it the next day. So I left the bottle of
spray on top of my table, the dining table, in
the box that it came in, ready to send out
the following day.
Speaker 12 (28:09):
To return it.
Speaker 3 (28:10):
Went to bed the next morning. When I woke up,
all that spray that was in the bottle just fell
out into the table and onto my wooden floors.
Speaker 4 (28:23):
Everything.
Speaker 3 (28:24):
There was a puddle of that stuff everywhere underneath the table,
and my house melt terrible. I call Amazon, let them
know what happened. They told me to send pictures, send
me as much information as you can, and I did.
They told me get an estimate of your damage floors
and the table. I did back and forth emails. They
(28:44):
send that case to their insurance company, which is Sedwick.
I'm waiting to hear from them right now. What do
you think is going to happen.
Speaker 11 (28:53):
With that case?
Speaker 2 (28:54):
I don't know at this point.
Speaker 1 (28:56):
I mean, if they're willing to do that and they
turn it over the insurance company and you have the
pictures and they said everything they're going to do.
Speaker 2 (29:03):
I mean, Amazon is not a small company.
Speaker 1 (29:05):
This is not a Mom and popper, and they have
obviously an entire department. They the fact that they said
this is what we need I don't think they were
pulling your chain. What I think is going to happen
is they're going to make you an offer of some kind.
How much damage are you claiming.
Speaker 3 (29:25):
A little bit under two thousand dollars?
Speaker 1 (29:26):
All right, well, you know are they going to pay it?
I don't know, man, I don't know who makes that decision.
I don't know who makes that decision in the insurance company,
and so I can't tell you. Bottom line is I
have no idea. And that's not even marginal legal advice.
That actually is I have no idea, and no one
has any idea. God how very rarely happens when usually
(29:50):
it's I have no idea. Generally it deals with the
law when I just don't know or I'm wrong.
Speaker 2 (29:56):
I have no idea. All right, Before I walk out.
Speaker 1 (30:00):
And say goodbye, I want to tell you about the
latest with Zelman's minty Mouth mins, the offer they're making.
Speaker 9 (30:07):
Now.
Speaker 1 (30:07):
I've been talking about Zelman's for I don't know how
many months now. And these are these mints that are
on these little packets and I use them all the time.
Speaker 2 (30:18):
I have them all over the place.
Speaker 1 (30:19):
And it has to do with your breath and if
you at all concerned about your bad breath. Throw a
couple of these in your mouth, and they have this
minty coating that's pretty.
Speaker 2 (30:29):
Strong and lasts for a while, and your mouth feels
so fresh and clean.
Speaker 1 (30:32):
And then you either bite into these capsules or you
swallow them. I swallow them and they go down in
your gut because it's sparsely seed oil, and it really
gets to work in your gut.
Speaker 2 (30:42):
No other mint does that, And.
Speaker 1 (30:43):
So the freshness and the fresh breath feel just goes
on for hours and hours, far more than any other
mint even pretends to do. So here is what they're offering,
and I've never seen them do this. If you order
a three pack, you will get a bonus pack. In
other words, you order three you'll get a fourth package
of Zelman's Minty Mouth Bitch. So go to zelmans dot
(31:07):
com slash handle Z E L M I N S.
Zelmans dot com slash handle, order three pack, get a
free pack on top of that three free. I have
to make sure you understand that because I barely do
zelmans dot com slash handle. Zelmans dot com slash handle,
(31:28):
this is handle on the law.
Speaker 2 (31:32):
You've been listening to the bill handle Show.
Speaker 1 (31:34):
Catch My Show Monday through Friday six am to nine am,
and anytime on demand on the iHeartRadio app
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