Episode Transcript
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Speaker 1 (00:00):
This is handle on the Law marginal legal advice where
I tell you you have absolutely no case. If you're
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top of the page.
Speaker 2 (00:17):
The following is ape recorded program.
Speaker 1 (00:19):
The ongoing case against Rudy Giuliani. Giuliani who was America's mayor.
He was a mayor of New York during the nine
to eleven attack and became worldwide. He became known worldwide
about how as to how he handled the attacks and
how New York handled it, because of course it was.
Speaker 2 (00:40):
A local New York story as well as an international
international story.
Speaker 1 (00:44):
And prior to that, he was probably, if not the
most successful, one of the most successful attorneys general in
the United States or US attorney for the Southern District
of New York. And he single handedly brought down the mafia.
I mean, this guy is extraordinary. And then he became
(01:06):
part of the Trump circle and went completely nuts, just
thought of his mind, and so he tried to undo
the election accusations like crazy. And there was one case
in which two women in Georgia, a mother and a daughter,
he outright accused of cheating and flipping votes to Joe
Biden that were votes for Donald Trump and election fraud.
Speaker 2 (01:30):
And he kept on repeating that. Well, they sued him.
He sued him for defamation because he couldn't come up
with any proof. It was a straight out allegation.
Speaker 1 (01:38):
So they got a judgment of one hundred and forty
million dollars for defamation, and he kept up on appealing it,
and the court said, no, no, no, you never came
up with allegations. There was one case, I don't know
if it was this one where he was involved, and
the judge said, mister Giuliani, you have simply made allegations.
Speaker 2 (01:57):
Do you have any proof it's in my hotel? Okay.
Speaker 1 (02:02):
The judge then recessed and came back, and everybody came back,
and he goes, okay, mister Giuliani.
Speaker 2 (02:09):
Let's come up with a proof.
Speaker 1 (02:11):
I can't find him, but I know it's there boom,
all right, judgment for the defendant or judgment for the
plaintiff against Giuliani.
Speaker 2 (02:19):
So in any case, so he's been nailed.
Speaker 1 (02:21):
He's out of appeals and now a judge ordered him
that he must turn over his condo in New York.
He must turn over all of the memorabilia that he has,
and he has some big, heavy duty memborabilia, for example,
a jersey signed by Joe DiMaggio.
Speaker 2 (02:43):
He's got expensive furniture.
Speaker 1 (02:44):
He's got a ton of sports memborabilia, including two rings
super Bowl rings, and it just goes on and on.
Giuliani has a week to turn that stuff over, and
if he doesn't, you know, it's gonna happen contempt of ort,
and he may end up looking through jail bars. And
(03:05):
here's the scary part, because I know people that know
people who actually know Giuliani, and so I have it on.
I have the news of people who know him through
inside Baseball, and that is when I ask.
Speaker 2 (03:18):
Is he that crazier? He is crazier than that.
Speaker 1 (03:22):
In fact, through all of this, he's still a true believer.
He thinks all of it was worthwhile. If he ends
up in a dumpster because they took away his law license,
he's been disbarred, and on top of that, he lost
his radio show and his advertisers, and now he is
living on the large ESTs of people who are real
(03:45):
maga believers who look at him as a hero, and
it's basically it's all gone. Yep, it was worth every
bit of it.
Speaker 3 (03:57):
Yes, I'm here, Yes, I'm here, go ahead, none of
them Hi there, sorry about it. Okay, So I'll make
a quick My dad had a Hendrich stroke on April first.
He was an offer for thirty seven days. Now you
got transferred to a facility. My point is I need
to figure out how to get a conservative ship. I
live with him.
Speaker 1 (04:16):
All right, we stop right there, Okay, hold on, all right,
how do you get a conservatorship?
Speaker 2 (04:20):
Boom question over? Trust and a state lawyer. That's where
you do. Actually, any civil lawyer. That's an easy one. Medvip.
Speaker 1 (04:30):
You're gonna get a conservatorship in about two seconds. Your
dad lives with you, he's had a stroke. Oh yeah,
just you just have to know he wants to bed. Yeah,
it's fine, it's real easy call it, you know.
Speaker 2 (04:41):
Contact.
Speaker 1 (04:42):
My guess is a trust and a state lawyer. I
think they're the easiest because they've done him before. But
any family law attorney can help you out on that,
so that's easy. Just yeah, just get you a lawyer.
That's a simple one. I wish they were all that simple.
Speaker 2 (04:58):
Connie, Hi, Connie, welcome.
Speaker 4 (05:00):
I gest you need to know. I'm six years old?
Speaker 2 (05:02):
How old? How old?
Speaker 4 (05:04):
From seventy six? Seventy six years old?
Speaker 2 (05:07):
Okay?
Speaker 4 (05:08):
Blind, completely blind, moved from a boarding care into an
assistant living.
Speaker 2 (05:14):
For Oh, good for you. So you went from usually
it's the other way.
Speaker 1 (05:19):
So you went from a much more restrictive facility to
a less restrictive facility.
Speaker 4 (05:25):
Good for you, No, because it turned out to be
more restrictive. From the boarding care, wow, okay, and not
only every I sent things to the laundry, they'd never
come back. I get long people's the laundry.
Speaker 2 (05:39):
So you're like out of underwhelm.
Speaker 5 (05:42):
Yeah, okay.
Speaker 4 (05:43):
From the big room that I paid for, they put
me into a little room used to be a.
Speaker 5 (05:51):
Storage place.
Speaker 4 (05:52):
All right, Okay, So anyway, because I didn't adhere to
their policies, meaning that I wasn't working into the community,
I had paid a two thousand dollars community fee that
was non refundable because they were supposedly acceptable to my conditions.
They didn't have any other blind people in there, and
(06:14):
the last blind person that was in there she had
to make out a little placard that said, please tell
me what's on my plate?
Speaker 5 (06:20):
I'm blind?
Speaker 4 (06:21):
Oh no, and she's gonna put that in front of me. No,
she was supposed to be prepared for my situation. I
was the only blind person there.
Speaker 1 (06:29):
And let me ask you, Okay, are you are you
arguing that they mistreated you because you're black?
Speaker 2 (06:35):
Connie?
Speaker 4 (06:37):
Now I'm miss I was mistreated because I'm old, I'm blind?
Speaker 1 (06:43):
Okay, all right, so you were, because you've made you
made reference you being black about four times now, and
I just want to know. And by the way, that's
it's a legitimate question. I mean, is your argument going
to be or is the argument? Do you believe they
treated you the way you they did is because you're black?
Do you think that's the case? Okay, good, So it's incidental.
(07:03):
It doesn't matter what color you are. Fair enough, So
they basically mistreated you because you're old and blind and
you didn't fit in and you didn't fit into the community.
That's their argument, correct, that's correct?
Speaker 2 (07:15):
Right? Okay, So what's your question, Connie?
Speaker 1 (07:18):
And they stole what They stole your clothes now we're
back to the underwear. Okay, So they stole your clothes.
What's your questions?
Speaker 2 (07:26):
Would heart? What's your question? What's your question?
Speaker 4 (07:29):
I want to know what do I take? I want
to go to small claims because it's actually two thousand dollars.
Speaker 2 (07:34):
Okay, well you do that? No, no, okay, that's legit.
Speaker 1 (07:37):
Are you in another place, Connie, are you in another facility?
Speaker 2 (07:41):
Okay? Got it?
Speaker 1 (07:42):
So they took they took your deposit. Here's their argument
is that we take we take your deposit. It's non refundable,
and it was your fault that you didn't get along
with people and you violated our policy.
Speaker 2 (07:55):
Your argument is you know who I was, and you
accepted me.
Speaker 1 (08:00):
Anyway, I want my two thousand dollars back, and I
want X dollars for my underwear? How much money worth
of underwear if you had to replace all your underwear,
which you probably did.
Speaker 2 (08:09):
Are we talking.
Speaker 4 (08:10):
About the c see?
Speaker 1 (08:13):
I thought that was a great story. Okay, so you're
only enterstedd in the two thousand dollars. Okay with that, Yeah,
you try a small claim scort, you go against them.
Now they're gonna argue refundable, non refundable. But hell, you're blind,
you don't know what the hell you signed you know all.
You know, so, yeah, I think I try.
Speaker 2 (08:33):
I would try. Here's the good.
Speaker 1 (08:34):
News is you're gonna be suing a facility and they're
going to bring in some executive facility.
Speaker 2 (08:41):
And there you are.
Speaker 1 (08:42):
You're blind, you're old, and you're African American. Which, by
the way, even if you're not arguing that there's racial discrimination,
there are tinges of it, especially if you're the only
African American there. So I wouldn't even argue that.
Speaker 2 (08:58):
I wouldn't even know.
Speaker 1 (08:59):
I would say you're the only African American there and
let the judge deal with it.
Speaker 2 (09:02):
Yeah, I go for it.
Speaker 4 (09:04):
I did oh on that because it's more than that.
It was the indignity said they put me under when
I was there.
Speaker 1 (09:13):
Yeah, you're not gonna get any now, you know what.
You're not gonna get anything for that, Connie. Nobody cares
about that. What you're gonna get is your two thousand
dollars back. And yeah, you're going to because because the
rest of it. If you go to a small claims
court and you talk about how they took away your
dignity and by the way, I'm not saying they didn't,
and how they mistreated you the small claims judge is
(09:33):
not going to make a determination as to how much
money that's worth.
Speaker 2 (09:38):
They just don't do that.
Speaker 1 (09:40):
But what they will do is make a determination about
that two thousand dollars that they will so go to
small claims court for the two grand I still go
for the underwear personally.
Speaker 2 (09:51):
David, there you are, David, welcome the show.
Speaker 6 (09:55):
Thank you, thank you, good morning. My question is I'm
going to be undergoing surgery here in a couple of weeks,
I went on stay disability and opened up a claim.
I'm allotted to about fourteen dollars a week. My question
to you is, legally I am receiving a pension from
previous occupation. Are they legally able to deduct my pension
(10:15):
money from what my monthly disability contribu should or payment
should be.
Speaker 2 (10:21):
You know, that's a very good question, and I don't
know the answer to that.
Speaker 1 (10:26):
But if you stay tuned next week, I'll call in
and ask myself that question and we'll see if we.
Speaker 2 (10:34):
Can get a better answer. Ah, Lisa, Hi, Lisa, welcome.
Speaker 7 (10:40):
Yes, the people that I went from want to sell
the house. They did already and I've been here twenty
seven years and I was wondering if how long they
would have to give me to move out, and would
they have to help me locate.
Speaker 2 (10:57):
Yeah, First of all, it depends on where you live.
Speaker 1 (11:01):
Certain cities have certain rules that are even stronger than California.
Speaker 2 (11:08):
And so let's start with where you live, all right.
Speaker 7 (11:10):
Lisa, Sun Valley, California.
Speaker 1 (11:13):
Okay, so you're within the city of Los Angeles. By
the fact, the reason I know Sun Valley is in
the San Fernando Valley is I went to school at
Sun Valley Junior High School.
Speaker 2 (11:24):
All right, So the city of Los.
Speaker 1 (11:26):
Angeles is a little stricter in favor of the tenant.
California says that you are going to get depending on how.
Speaker 2 (11:36):
You live, how long you've lived there.
Speaker 1 (11:38):
And I think you can get twenty five hundred dollars
for relocation. I think that. I think that's what California does.
It may be stricter in the city of LA and
they have to give you sixty days. Okay, that's it.
Sixty days.
Speaker 2 (11:55):
I love you, ohe me too.
Speaker 1 (11:58):
That's what I want to hear. Usually it's Bill, You're
a complete ass. You should see the emails that I get.
It used to be where I would get letters. I
mean we're talking, you know, years and years ago, or
and or emails, and then I would print those out.
And I had in my office. When I had an
office here at the radio station, I had a wall
of hate filling up an entire wall. Now I only
(12:22):
have a cubicle because that's all anybody has. Welcome to
the new world of work.
Speaker 2 (12:28):
And this was.
Speaker 1 (12:29):
A terrific wall of hate. And it was, oh, you
should die things, crazy stuff. Hitler was right, you have
no business being on the radio.
Speaker 2 (12:42):
It was very entertaining.
Speaker 1 (12:43):
And unfortunately I don't get those kinds of emails anymore.
Speaker 2 (12:47):
I don't know why. Maybe people are just used to
me and they I don't know. It's really depressing.
Speaker 1 (12:53):
So I welcome those letters because, you know, as lovely
as this lady was, come on that boring.
Speaker 2 (13:00):
I mean, who the hell wants to hear that? For sure?
Speaker 1 (13:04):
Chad, Hello, Chad, welcome, Good morning, Bill.
Speaker 2 (13:08):
Yes, what I do for you?
Speaker 8 (13:11):
So this is about my mother in law. She rented
a small apartment attached to the owner's house and in
the contract, well, first she was asked to evict or
you know, move, and that was fine, but in the
clause in the contract, there's a clause for a no
fault eviction, which is what it was, and I sent
(13:32):
him the request for the clause that you get one
month free rent or one month Hey.
Speaker 2 (13:38):
Yeah, you know that's kind of interesting. So it was
a It.
Speaker 1 (13:44):
Was a lease that says at the end of the lease,
she leaves and it will be a no fault eviction
if she doesn't leave.
Speaker 2 (13:52):
Is that correct? Or yes? Or she can't go to
court a stipulated judgment? Do I have that right?
Speaker 8 (13:59):
You have that correct?
Speaker 2 (14:00):
Okay?
Speaker 1 (14:00):
Ooh, that's interesting because what you're done, what's happened, there
is no at this point, there's no legal situation here.
I don't think they can ask for a stipulated judgment
starting up front.
Speaker 2 (14:15):
I think there has to be some kind of court action.
Speaker 1 (14:18):
Basically, it's you know, why if she leaves, why would
there be a judgment. She's leaving under the terms of
the contract. So the only way that there could be
a judgment is he sues her and then based on
the contract, she can't answer, and that means that there
is a judgment. That's what a stipulated judgment is. You
(14:41):
agree that you can't go further ahead, but usually that's
an agreement. Usually that's after a court filing has taken place.
So the bottom line is how to avert all of that.
He can't get a judgment. If she's left, there's nothing
to sue for.
Speaker 2 (15:00):
Does that make sense?
Speaker 8 (15:03):
I guess so. I guess we're looking at it from
my mother in law's point of view, as he never
gave her that free month's rent or that moving expense.
Speaker 1 (15:10):
Well, he has to under law, and she's in there
for more than a year. What he's doing is asking
her to waive it. How old your mom.
Speaker 8 (15:19):
Seventy five?
Speaker 2 (15:20):
Yeah, you can.
Speaker 1 (15:20):
Argue that there's an elder issue going on because there's
laws that say older people are treated differently than people
that are under the age. I don't even know when
it comes in at seventy two or sixty five or whatever.
And so the argument is, I didn't know what the
hell I was signing. I'm old, I'm decrepit, and you
know you're you can't do it.
Speaker 2 (15:41):
So that's what I are.
Speaker 1 (15:41):
I wouldn't worry about the judgment that she agrees to
that she can't answer if there's no lawsuit there.
Speaker 2 (15:51):
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Speaker 1 (15:53):
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Speaker 2 (15:59):
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Speaker 2 (16:55):
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Speaker 1 (16:56):
Are not NetSuite dot com slash handle net Suite as
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Speaker 2 (17:05):
Oh, here's an interesting one.
Speaker 1 (17:06):
Stephanie, Hi, Stephanie, Okay, yeah, go ahead, good morning, Yes, ma'am.
Speaker 9 (17:11):
He can the statute of limitations be put aside for
a lawyer who is now disbarred He used his license
to steal and in a serial fraud inheritance scheme for
over thirty years.
Speaker 2 (17:29):
Were you hit by this?
Speaker 5 (17:32):
Yes?
Speaker 10 (17:33):
In nineteen ninety seven, my mother was a widow, died
befriended this ex lawyer became very close at that time. Yes,
he had drafted the will trust and he made donate
his gifts to himself and his perpetrators.
Speaker 1 (17:55):
Hmmm, okay, and so what so this happens in nineteen
ninety seven, and so okay, And you're wondering if the
statute of limitations going after the lawyer Civilly from nineteen
ninety seven still applies.
Speaker 9 (18:13):
Yeah, probably judget of limitations is protecting this criminal.
Speaker 1 (18:20):
No I understand, No, no, I understand. And so there's
two issues here. One is one is criminal. Yeah, one
is criminal, and the other one is civil. Okay, both
have a statute of limitations and the probably the criminal,
I'm sorry.
Speaker 9 (18:37):
And who's able to move those statute of limitations?
Speaker 1 (18:41):
It would be the judge, it would be the judge
or statutory law or statute. For example, in the case
of child abuse, the state of California legislature opened up
the statute of Limitations for a period of time where
a fifty year old could go back forty years and
file the lawsuit. But that was a period of time,
and that took state law to do that. No judge,
(19:04):
I think could have done that. So, if I had
to guess, I think the statute is long gone on both.
When did you discover this happened?
Speaker 4 (19:15):
In way around two thousands five?
Speaker 9 (19:22):
I was contacted.
Speaker 2 (19:22):
Yeah, okay, so now you're going back.
Speaker 1 (19:25):
Okay, so you're going back almost twenty years when you
knew this was happening. Yeah, you've the statute is long gone. Yeah,
there's not much you can do about that. And you
know what can I say? You know lawyers practicing law
who don't have licenses. I would assume based on that
that the lawyer was not only disbarred, but criminal charges
(19:48):
were made against him.
Speaker 2 (19:49):
I can't imagine that wouldn't have happened. Gus, Hi, Gus,
good morning.
Speaker 5 (19:55):
Yes, I have just a quick question. Uh, there was
my son is renting a candle there was a accidental
fire at the candle.
Speaker 11 (20:06):
Uh.
Speaker 5 (20:06):
He filed a claim with his insurance company. The insurance
company has since paid UH directly the money directly to
the h o A for the amount of the claim
they enter into. The HU enter into a contract with
a contract to third party. They have finished the repairs
and the for the damages, but the h o A
has only paid them one third of the money, claiming
(20:29):
that they don't have the rest of the money.
Speaker 2 (20:31):
Even though they received all of the money.
Speaker 5 (20:34):
Yes, okay, they have received the money and are improved
because you know the checks this version. My question, My
question is uh. And of course the contractor has now
turned over the ACCOUNTO into collections because they refuse to pay.
My question is, can the contract of the h o
A now UH, based on and you know, whatever long
(20:56):
it takes, go after the owner of the candle and
my son has a renter or you know?
Speaker 2 (21:02):
No?
Speaker 1 (21:03):
Because no, no, because the uh the owner UH does
he is the owner is not responsible for the repair.
It's the h o A that is responsible for the
ap pair repair and the h o A got paid
for the repair.
Speaker 2 (21:18):
UH.
Speaker 1 (21:19):
So if the and I'm assuming if the h o
A filed the claim and the insurance company pay the
h o A. Uh it was a common area issue. Uh,
it wasn't a personal issue within the condo where uh
the renter was not nailed for any negligence.
Speaker 5 (21:35):
Correct, that's that is correct.
Speaker 1 (21:37):
Okay, Yeah, here's here's what's going on. First of all,
the h o A is not doing what's supposed to
be doing. And uh, I think there's personal liability on
behalf of whoever made that decision to keep the money. Okay,
and that's the board and that is a big problem.
That's violation of state law right there. And so uh
you have to let the all the other members of
(22:01):
the HOA should write a letter saying here, here's what happened.
Speaker 2 (22:03):
Guys. I'm assuming they all know.
Speaker 1 (22:05):
And uh, you, the renter, I think, has a lawsuit
against the h o A because you are a beneficiary
basically of the repair that has to be done. So
it's you're a third party beneficiary. I don't know if
that's a legal term, but yeah, yeah, I think you've
got an HOA that's screwing all of you, is what
you have.
Speaker 5 (22:26):
Yeah, exactly. My qu Another question is why would you
think the h o A would be claiming now that
they don't have.
Speaker 2 (22:32):
The money when the money because they took the money
and spend it something. Yeah, it's easy. They took the
money and spend it someplace else at all.
Speaker 1 (22:39):
Now that's what they do unless someone has stolen that money,
which has happened. Because the h o A, the members
of the board control all the finances. Now, there are
certain rules that apply to them, and they can. There's
there's a duty of fiduciary duty they have to the
h o A. The board members have a duty to
(23:02):
the rest of you. Members of the h o A
to appropriately disperse funds, can collect, can put in special assessments,
They can do virtually virtually anything. But I'll tell you
what they can't do, right. They can't steal the money
that goes in. They can't take insurance proceeds to repair
(23:24):
part of the buildings and say we don't have the
money because when someplace else that they can't do. So
you want to look at maybe the rest how many
members are in the HOA, how many units?
Speaker 5 (23:38):
I don't know they are. I don't they own several
the condo in particular, when my son ranks is I
think they have like forty units.
Speaker 1 (23:49):
Okay, you have to Okay, the owner is not the
ho A. Well wait a second, the owner there is
no ho A. If there's a single owner, all the units.
Speaker 2 (23:59):
Have to be owned separate. Yeah, noh yeah, okay, so
there's no owner.
Speaker 1 (24:03):
Okay, So you have forty units that are owned either
rented out or owned by the individuals and they have
they can go after the board. And they should go
after the board. I mean, I was a member of
an HOA and it was it was about they didn't
(24:24):
steal any money, but man, they didn't pay bills, and
we got a special assessment to pay the bills for
a year and we had to kick out the board.
And it was a mess and it costs big, big money,
which is one of the reasons I sold my house
and I moved into a new place that has a
well run HOA.
Speaker 2 (24:45):
Which is a joy. Nick, you're up. Welcome to the show,
all right, Nick, Hey, what's up?
Speaker 11 (24:51):
Bill? So I moved into an apartment in early June.
Their conditioning didn't work when I first got there. They
tried to remedy it like three or four times. Wasn't
working consistently for over three months. They never brought in
a profession or anything like that. And we went through
that big heatwave. In that time period, I got two
(25:12):
kids and a dog. I couldn't cook in my house,
the whole thing.
Speaker 10 (25:15):
Wow.
Speaker 11 (25:15):
They gave me two options. Yeah, they gave me two options.
They said, either move it moved to another unit which
was sub part of mine, or not not not equivalent,
or uh, they would let me out of my lease
scott free. But they were offering moving assistance.
Speaker 2 (25:31):
They were say they weren't offering moving assistance. Is that correct?
Speaker 3 (25:34):
Or they were not correct?
Speaker 1 (25:36):
They were Okay, a couple of questions. Number one, did
the dog die? Don't care about the kids, you know,
I don't give an.
Speaker 2 (25:43):
They died, But did the dog die?
Speaker 1 (25:45):
No, Okay, so that's helpful. Yeah, I mean they were
in breach. They're in breach of the lease from the
moment the moment it stopped working. It's not a habitability issue.
But in the case of the heat wave that we had,
which was.
Speaker 2 (26:00):
Brutal, I mean brutal.
Speaker 1 (26:02):
Yeah, So you got a couple of choices here, but
keep in mind that.
Speaker 2 (26:09):
Any one of these.
Speaker 1 (26:10):
Is going to destroy your relationship with your landlord except
moving out. And I think you are entitled to relocation
money based on the fact that they're letting you out.
Then well maybe not legally, but I think in the
case of a lawsuit, a judge would give it to you.
So how big a deal is it to repair the.
Speaker 11 (26:30):
They were telling me they gave me this because like, oh,
it's obviously uninhabitable, so we can't get the part we
need for like four weeks or something. I got so
because they didn't offer me any moving assistance, I was
unable to move.
Speaker 1 (26:42):
Yeah, right, So how much would it cost to fix it?
Speaker 11 (26:48):
It got thick? They finally got the party.
Speaker 2 (26:50):
Okay, okay, So let me ask you this.
Speaker 1 (26:53):
I had that same situation going when for a period
of time because I was between places.
Speaker 2 (26:58):
I sold.
Speaker 1 (27:00):
House and then remodeling the new one, and so I
had to get an apartment for a small period of
time and the air conditioning didn't work, and I raised
all kinds of hell.
Speaker 2 (27:12):
They brought in portable air conditioners. Temporary portable air.
Speaker 1 (27:18):
Conditioners they brought in Otherwise, I said, otherwise, I'm going
to assue you. And I happen to be a lawyer,
And thank goodness, they don't listen to the show so
they don't know.
Speaker 2 (27:26):
The quality of lawyer I am.
Speaker 1 (27:29):
And so you know you could have made that demand.
But now it is, you have it. It's already been fixed.
I think the only answer now is if you want
to stay there is file a small claim suit and argue, yeah, well,
you know what. I don't know, but I would go
for the full ten thousand dollars that you're allowed to
(27:52):
under the law, and see what the judge says.
Speaker 2 (27:55):
And if I'm the judge.
Speaker 1 (27:57):
I'm going to look at you and go three months
without air conditioning during that heat wave?
Speaker 2 (28:02):
Are you kidding? Now?
Speaker 1 (28:04):
Here's the defense. There were no parts. You're honor, we
ordered the part. There was nothing we could do other
than spend.
Speaker 11 (28:14):
To figure out what the problem was.
Speaker 1 (28:15):
Okay, okay, so fair enough. That is their responsibility. I
would go ahead and file a small claim suit, ask
for the full amount, argue that it's worth ten thousand
dollars because your kids or your you know, your dog
was suffering panting and hair fell out or whatever, and
the kids were suffering and they were demented or whatever.
(28:38):
I mean, just throw in everything you possibly can see
what happens.
Speaker 2 (28:42):
Now, are you gonna win something? Yeah? I think you are.
Speaker 1 (28:45):
However, now you have a landlord that's really pissed off
at you, so you have to take that into account too.
You know, the joys of renting are delightful, and I'm
right there.
Speaker 2 (28:56):
It happens. Fernando, Hello, Fernando.
Speaker 1 (29:01):
Bill, Yes, all right, this is not good.
Speaker 2 (29:05):
Fernando. You're on a speaker phone and this is not pleasant.
Speaker 12 (29:09):
Okay, let me take you often.
Speaker 2 (29:11):
Okay, thank you.
Speaker 6 (29:13):
Can you hear me?
Speaker 1 (29:14):
No?
Speaker 2 (29:14):
I can?
Speaker 12 (29:16):
Okay, Bill, I have a question regarding list pending a
list pendance.
Speaker 6 (29:23):
This a list.
Speaker 2 (29:24):
Pendance l I S P E N D E S
list pendence.
Speaker 1 (29:27):
Okay, all right, so what's the question.
Speaker 2 (29:30):
What happened?
Speaker 6 (29:31):
Okay, okay.
Speaker 12 (29:33):
I purchased a property a year ago. I purchased sellers finance.
I just received a list pending notice, but it does
not name me as a respondent in Thames. The previous
owner which is who?
Speaker 2 (29:46):
Yeah, the previous owner doesn't doesn't own the property? Correct?
Where's title?
Speaker 12 (29:52):
I'm on the title?
Speaker 2 (29:53):
Yes, okay, you own the property as title. So what
are they doing?
Speaker 1 (29:56):
Why are they putting your property up with any dispute
they have with any buddy?
Speaker 12 (30:02):
That's what I'm trying to think.
Speaker 2 (30:03):
That that's a good that's a good question.
Speaker 1 (30:05):
At this point, you file emotion to dismiss the list pendants,
and the judge will give it to you, because there's
no way that a non property owner or someone that's
not in dispute with the property owner and it has
to do with the property itself. For example, let's say
(30:25):
I'm suing you and you own the property and I'm
suing you for a breach because there was a business
issue going on. I can't cloud up, but I can't
cloud your title. I can't put your house at risk.
I just can't do it. A lot doesn't allow it
until after a judgment. But that's that's a different story.
What you have is you have to get a order
(30:46):
on this one. If he's still on the title, he's
not going to do a list pendance on his own
because that ties up his ability to sell.
Speaker 6 (30:57):
No.
Speaker 12 (30:57):
I mean he is hiss from what I know, is
the petitioner, and.
Speaker 2 (31:03):
That doesn't it doesn't matter, it does. It doesn't work
that way.
Speaker 1 (31:07):
If there is if your cloud or cloud has been,
if there's a cloud on your title, which means that
you don't own the place free and clear without any
people filing claims et cetera on the property and they
have no basis, which is the case, they have no
basis to do that. Then you file emotion and they're
(31:28):
getting hit with attorney's fieves. You got to get a lawyer.
Speaker 2 (31:30):
In this one. Uh yeah, that's just that's just the
way it works.
Speaker 1 (31:33):
It can't just arbitrarily say I'm gonna throw a lawsuit
on your property and tie it up so you can
never sell it.
Speaker 2 (31:40):
Now, you heard about bad breath last spot. You heard
me talking about Zelman's minty Mouthmens, And there.
Speaker 1 (31:47):
Is a world to that, because you know, people suffer
from bad breath, especially the people that are smelling your breath.
Speaker 2 (31:55):
And so let me suggest Zelman's minty Mouthmens. And here's why.
Speaker 1 (31:58):
First of all, it's far more than a mint. It's
clearly a mint because there's mint on the outside of
this little capsule. But when the mint has been finished,
you sucked the mint off the capsule. You then swallow
it or bite into it, and then it goes into
your gut. And people have to understand that bad breath
emanates from your gut a lot of the time, especially
garlic and onions, which I love and Zelmans has been
(32:23):
tested clinically.
Speaker 2 (32:24):
Against garlic and onions.
Speaker 1 (32:27):
And then when that is done, I mean you're basically
cleaned up and you feel great.
Speaker 2 (32:31):
You know how when you.
Speaker 1 (32:32):
Brush your teeth, you just feel really good for a while. Well,
Zelmans does that to you. Zelman's Minty Mouth Mints free
shipping if you order multiple packs, money back guarantee. I've
never seen anybody use that one. And you go to
Zelmans dot com fifteen percent off when you use the
code handle at checkout and take advantage of fifteen percent.
(32:53):
That's the code handle at checkout. Visit Zelman's ze l
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Speaker 2 (33:01):
This is handle on the law
This is handle on the Law marginal legal advice where
I tell you you have absolutely no case. If you're
injured need a lawyer, go to handle on the law
dot com. And if you're a lawyer and want to
help our listeners, please go to handle on the law
dot Com. Click on the join today tab at the
top of the page.
Speaker 2 (00:17):
The following is ape recorded program.
Speaker 1 (00:19):
The ongoing case against Rudy Giuliani. Giuliani who was America's mayor.
He was a mayor of New York during the nine
to eleven attack and became worldwide. He became known worldwide
about how as to how he handled the attacks and
how New York handled it, because of course it was.
Speaker 2 (00:40):
A local New York story as well as an international
international story.
Speaker 1 (00:44):
And prior to that, he was probably, if not the
most successful, one of the most successful attorneys general in
the United States or US attorney for the Southern District
of New York. And he single handedly brought down the mafia.
I mean, this guy is extraordinary. And then he became
(01:06):
part of the Trump circle and went completely nuts, just
thought of his mind, and so he tried to undo
the election accusations like crazy. And there was one case
in which two women in Georgia, a mother and a daughter,
he outright accused of cheating and flipping votes to Joe
Biden that were votes for Donald Trump and election fraud.
Speaker 2 (01:30):
And he kept on repeating that. Well, they sued him.
He sued him for defamation because he couldn't come up
with any proof. It was a straight out allegation.
Speaker 1 (01:38):
So they got a judgment of one hundred and forty
million dollars for defamation, and he kept up on appealing it,
and the court said, no, no, no, you never came
up with allegations. There was one case, I don't know
if it was this one where he was involved, and
the judge said, mister Giuliani, you have simply made allegations.
Speaker 2 (01:57):
Do you have any proof it's in my hotel? Okay.
Speaker 1 (02:02):
The judge then recessed and came back, and everybody came back,
and he goes, okay, mister Giuliani.
Speaker 2 (02:09):
Let's come up with a proof.
Speaker 1 (02:11):
I can't find him, but I know it's there boom,
all right, judgment for the defendant or judgment for the
plaintiff against Giuliani.
Speaker 2 (02:19):
So in any case, so he's been nailed.
Speaker 1 (02:21):
He's out of appeals and now a judge ordered him
that he must turn over his condo in New York.
He must turn over all of the memorabilia that he has,
and he has some big, heavy duty memborabilia, for example,
a jersey signed by Joe DiMaggio.
Speaker 2 (02:43):
He's got expensive furniture.
Speaker 1 (02:44):
He's got a ton of sports memborabilia, including two rings
super Bowl rings, and it just goes on and on.
Giuliani has a week to turn that stuff over, and
if he doesn't, you know, it's gonna happen contempt of ort,
and he may end up looking through jail bars. And
(03:05):
here's the scary part, because I know people that know
people who actually know Giuliani, and so I have it on.
I have the news of people who know him through
inside Baseball, and that is when I ask.
Speaker 2 (03:18):
Is he that crazier? He is crazier than that.
Speaker 1 (03:22):
In fact, through all of this, he's still a true believer.
He thinks all of it was worthwhile. If he ends
up in a dumpster because they took away his law license,
he's been disbarred, and on top of that, he lost
his radio show and his advertisers, and now he is
living on the large ESTs of people who are real
(03:45):
maga believers who look at him as a hero, and
it's basically it's all gone. Yep, it was worth every
bit of it.
Speaker 3 (03:57):
Yes, I'm here, Yes, I'm here, go ahead, none of
them Hi there, sorry about it. Okay, So I'll make
a quick My dad had a Hendrich stroke on April first.
He was an offer for thirty seven days. Now you
got transferred to a facility. My point is I need
to figure out how to get a conservative ship. I
live with him.
Speaker 1 (04:16):
All right, we stop right there, Okay, hold on, all right,
how do you get a conservatorship?
Speaker 2 (04:20):
Boom question over? Trust and a state lawyer. That's where
you do. Actually, any civil lawyer. That's an easy one. Medvip.
Speaker 1 (04:30):
You're gonna get a conservatorship in about two seconds. Your
dad lives with you, he's had a stroke. Oh yeah,
just you just have to know he wants to bed. Yeah,
it's fine, it's real easy call it, you know.
Speaker 2 (04:41):
Contact.
Speaker 1 (04:42):
My guess is a trust and a state lawyer. I
think they're the easiest because they've done him before. But
any family law attorney can help you out on that,
so that's easy. Just yeah, just get you a lawyer.
That's a simple one. I wish they were all that simple.
Speaker 2 (04:58):
Connie, Hi, Connie, welcome.
Speaker 4 (05:00):
I gest you need to know. I'm six years old?
Speaker 2 (05:02):
How old? How old?
Speaker 4 (05:04):
From seventy six? Seventy six years old?
Speaker 2 (05:07):
Okay?
Speaker 4 (05:08):
Blind, completely blind, moved from a boarding care into an
assistant living.
Speaker 2 (05:14):
For Oh, good for you. So you went from usually
it's the other way.
Speaker 1 (05:19):
So you went from a much more restrictive facility to
a less restrictive facility.
Speaker 4 (05:25):
Good for you, No, because it turned out to be
more restrictive. From the boarding care, wow, okay, and not
only every I sent things to the laundry, they'd never
come back. I get long people's the laundry.
Speaker 2 (05:39):
So you're like out of underwhelm.
Speaker 5 (05:42):
Yeah, okay.
Speaker 4 (05:43):
From the big room that I paid for, they put
me into a little room used to be a.
Speaker 5 (05:51):
Storage place.
Speaker 4 (05:52):
All right, Okay, So anyway, because I didn't adhere to
their policies, meaning that I wasn't working into the community,
I had paid a two thousand dollars community fee that
was non refundable because they were supposedly acceptable to my conditions.
They didn't have any other blind people in there, and
(06:14):
the last blind person that was in there she had
to make out a little placard that said, please tell
me what's on my plate?
Speaker 5 (06:20):
I'm blind?
Speaker 4 (06:21):
Oh no, and she's gonna put that in front of me. No,
she was supposed to be prepared for my situation. I
was the only blind person there.
Speaker 1 (06:29):
And let me ask you, Okay, are you are you
arguing that they mistreated you because you're black?
Speaker 2 (06:35):
Connie?
Speaker 4 (06:37):
Now I'm miss I was mistreated because I'm old, I'm blind?
Speaker 1 (06:43):
Okay, all right, so you were, because you've made you
made reference you being black about four times now, and
I just want to know. And by the way, that's
it's a legitimate question. I mean, is your argument going
to be or is the argument? Do you believe they
treated you the way you they did is because you're black?
Do you think that's the case? Okay, good, So it's incidental.
(07:03):
It doesn't matter what color you are. Fair enough, So
they basically mistreated you because you're old and blind and
you didn't fit in and you didn't fit into the community.
That's their argument, correct, that's correct?
Speaker 2 (07:15):
Right? Okay, So what's your question, Connie?
Speaker 1 (07:18):
And they stole what They stole your clothes now we're
back to the underwear. Okay, So they stole your clothes.
What's your questions?
Speaker 2 (07:26):
Would heart? What's your question? What's your question?
Speaker 4 (07:29):
I want to know what do I take? I want
to go to small claims because it's actually two thousand dollars.
Speaker 2 (07:34):
Okay, well you do that? No, no, okay, that's legit.
Speaker 1 (07:37):
Are you in another place, Connie, are you in another facility?
Speaker 2 (07:41):
Okay? Got it?
Speaker 1 (07:42):
So they took they took your deposit. Here's their argument
is that we take we take your deposit. It's non refundable,
and it was your fault that you didn't get along
with people and you violated our policy.
Speaker 2 (07:55):
Your argument is you know who I was, and you
accepted me.
Speaker 1 (08:00):
Anyway, I want my two thousand dollars back, and I
want X dollars for my underwear? How much money worth
of underwear if you had to replace all your underwear,
which you probably did.
Speaker 2 (08:09):
Are we talking.
Speaker 4 (08:10):
About the c see?
Speaker 1 (08:13):
I thought that was a great story. Okay, so you're
only enterstedd in the two thousand dollars. Okay with that, Yeah,
you try a small claim scort, you go against them.
Now they're gonna argue refundable, non refundable. But hell, you're blind,
you don't know what the hell you signed you know all.
You know, so, yeah, I think I try.
Speaker 2 (08:33):
I would try. Here's the good.
Speaker 1 (08:34):
News is you're gonna be suing a facility and they're
going to bring in some executive facility.
Speaker 2 (08:41):
And there you are.
Speaker 1 (08:42):
You're blind, you're old, and you're African American. Which, by
the way, even if you're not arguing that there's racial discrimination,
there are tinges of it, especially if you're the only
African American there. So I wouldn't even argue that.
Speaker 2 (08:58):
I wouldn't even know.
Speaker 1 (08:59):
I would say you're the only African American there and
let the judge deal with it.
Speaker 2 (09:02):
Yeah, I go for it.
Speaker 4 (09:04):
I did oh on that because it's more than that.
It was the indignity said they put me under when
I was there.
Speaker 1 (09:13):
Yeah, you're not gonna get any now, you know what.
You're not gonna get anything for that, Connie. Nobody cares
about that. What you're gonna get is your two thousand
dollars back. And yeah, you're going to because because the
rest of it. If you go to a small claims
court and you talk about how they took away your
dignity and by the way, I'm not saying they didn't,
and how they mistreated you the small claims judge is
(09:33):
not going to make a determination as to how much
money that's worth.
Speaker 2 (09:38):
They just don't do that.
Speaker 1 (09:40):
But what they will do is make a determination about
that two thousand dollars that they will so go to
small claims court for the two grand I still go
for the underwear personally.
Speaker 2 (09:51):
David, there you are, David, welcome the show.
Speaker 6 (09:55):
Thank you, thank you, good morning. My question is I'm
going to be undergoing surgery here in a couple of weeks,
I went on stay disability and opened up a claim.
I'm allotted to about fourteen dollars a week. My question
to you is, legally I am receiving a pension from
previous occupation. Are they legally able to deduct my pension
(10:15):
money from what my monthly disability contribu should or payment
should be.
Speaker 2 (10:21):
You know, that's a very good question, and I don't
know the answer to that.
Speaker 1 (10:26):
But if you stay tuned next week, I'll call in
and ask myself that question and we'll see if we.
Speaker 2 (10:34):
Can get a better answer. Ah, Lisa, Hi, Lisa, welcome.
Speaker 7 (10:40):
Yes, the people that I went from want to sell
the house. They did already and I've been here twenty
seven years and I was wondering if how long they
would have to give me to move out, and would
they have to help me locate.
Speaker 2 (10:57):
Yeah, First of all, it depends on where you live.
Speaker 1 (11:01):
Certain cities have certain rules that are even stronger than California.
Speaker 2 (11:08):
And so let's start with where you live, all right.
Speaker 7 (11:10):
Lisa, Sun Valley, California.
Speaker 1 (11:13):
Okay, so you're within the city of Los Angeles. By
the fact, the reason I know Sun Valley is in
the San Fernando Valley is I went to school at
Sun Valley Junior High School.
Speaker 2 (11:24):
All right, So the city of Los.
Speaker 1 (11:26):
Angeles is a little stricter in favor of the tenant.
California says that you are going to get depending on how.
Speaker 2 (11:36):
You live, how long you've lived there.
Speaker 1 (11:38):
And I think you can get twenty five hundred dollars
for relocation. I think that. I think that's what California does.
It may be stricter in the city of LA and
they have to give you sixty days. Okay, that's it.
Sixty days.
Speaker 2 (11:55):
I love you, ohe me too.
Speaker 1 (11:58):
That's what I want to hear. Usually it's Bill, You're
a complete ass. You should see the emails that I get.
It used to be where I would get letters. I
mean we're talking, you know, years and years ago, or
and or emails, and then I would print those out.
And I had in my office. When I had an
office here at the radio station, I had a wall
of hate filling up an entire wall. Now I only
(12:22):
have a cubicle because that's all anybody has. Welcome to
the new world of work.
Speaker 2 (12:28):
And this was.
Speaker 1 (12:29):
A terrific wall of hate. And it was, oh, you
should die things, crazy stuff. Hitler was right, you have
no business being on the radio.
Speaker 2 (12:42):
It was very entertaining.
Speaker 1 (12:43):
And unfortunately I don't get those kinds of emails anymore.
Speaker 2 (12:47):
I don't know why. Maybe people are just used to
me and they I don't know. It's really depressing.
Speaker 1 (12:53):
So I welcome those letters because, you know, as lovely
as this lady was, come on that boring.
Speaker 2 (13:00):
I mean, who the hell wants to hear that? For sure?
Speaker 1 (13:04):
Chad, Hello, Chad, welcome, Good morning, Bill.
Speaker 2 (13:08):
Yes, what I do for you?
Speaker 8 (13:11):
So this is about my mother in law. She rented
a small apartment attached to the owner's house and in
the contract, well, first she was asked to evict or
you know, move, and that was fine, but in the
clause in the contract, there's a clause for a no
fault eviction, which is what it was, and I sent
(13:32):
him the request for the clause that you get one
month free rent or one month Hey.
Speaker 2 (13:38):
Yeah, you know that's kind of interesting. So it was
a It.
Speaker 1 (13:44):
Was a lease that says at the end of the lease,
she leaves and it will be a no fault eviction
if she doesn't leave.
Speaker 2 (13:52):
Is that correct? Or yes? Or she can't go to
court a stipulated judgment? Do I have that right?
Speaker 8 (13:59):
You have that correct?
Speaker 2 (14:00):
Okay?
Speaker 1 (14:00):
Ooh, that's interesting because what you're done, what's happened, there
is no at this point, there's no legal situation here.
I don't think they can ask for a stipulated judgment
starting up front.
Speaker 2 (14:15):
I think there has to be some kind of court action.
Speaker 1 (14:18):
Basically, it's you know, why if she leaves, why would
there be a judgment. She's leaving under the terms of
the contract. So the only way that there could be
a judgment is he sues her and then based on
the contract, she can't answer, and that means that there
is a judgment. That's what a stipulated judgment is. You
(14:41):
agree that you can't go further ahead, but usually that's
an agreement. Usually that's after a court filing has taken place.
So the bottom line is how to avert all of that.
He can't get a judgment. If she's left, there's nothing
to sue for.
Speaker 2 (15:00):
Does that make sense?
Speaker 8 (15:03):
I guess so. I guess we're looking at it from
my mother in law's point of view, as he never
gave her that free month's rent or that moving expense.
Speaker 1 (15:10):
Well, he has to under law, and she's in there
for more than a year. What he's doing is asking
her to waive it. How old your mom.
Speaker 8 (15:19):
Seventy five?
Speaker 2 (15:20):
Yeah, you can.
Speaker 1 (15:20):
Argue that there's an elder issue going on because there's
laws that say older people are treated differently than people
that are under the age. I don't even know when
it comes in at seventy two or sixty five or whatever.
And so the argument is, I didn't know what the
hell I was signing. I'm old, I'm decrepit, and you
know you're you can't do it.
Speaker 2 (15:41):
So that's what I are.
Speaker 1 (15:41):
I wouldn't worry about the judgment that she agrees to
that she can't answer if there's no lawsuit there.
Speaker 2 (15:51):
Now, let me tell you about NetSuite.
Speaker 1 (15:53):
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the more margin you're going.
Speaker 2 (15:59):
To have and the more money keep.
Speaker 1 (16:00):
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(16:20):
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NetSuite lives in the cloud, there's no hardware required. You
can access it from anywhere, and you've got efficiency like
you don't have now slashing any manual task any errors.
(16:41):
By the way, thirty seven thousand companies have made this move.
So let me suggest going to NetSuite dot com slash
handle and of course that's free to see if your
business is going to be helped by NetSuite, and I
am sure it will.
Speaker 2 (16:55):
Very few businesses.
Speaker 1 (16:56):
Are not NetSuite dot com slash handle net Suite as
an office suite, NetSuite dot com slash handle.
Speaker 2 (17:05):
Oh, here's an interesting one.
Speaker 1 (17:06):
Stephanie, Hi, Stephanie, Okay, yeah, go ahead, good morning, Yes, ma'am.
Speaker 9 (17:11):
He can the statute of limitations be put aside for
a lawyer who is now disbarred He used his license
to steal and in a serial fraud inheritance scheme for
over thirty years.
Speaker 2 (17:29):
Were you hit by this?
Speaker 5 (17:32):
Yes?
Speaker 10 (17:33):
In nineteen ninety seven, my mother was a widow, died
befriended this ex lawyer became very close at that time. Yes,
he had drafted the will trust and he made donate
his gifts to himself and his perpetrators.
Speaker 1 (17:55):
Hmmm, okay, and so what so this happens in nineteen
ninety seven, and so okay, And you're wondering if the
statute of limitations going after the lawyer Civilly from nineteen
ninety seven still applies.
Speaker 9 (18:13):
Yeah, probably judget of limitations is protecting this criminal.
Speaker 1 (18:20):
No I understand, No, no, I understand. And so there's
two issues here. One is one is criminal. Yeah, one
is criminal, and the other one is civil. Okay, both
have a statute of limitations and the probably the criminal,
I'm sorry.
Speaker 9 (18:37):
And who's able to move those statute of limitations?
Speaker 1 (18:41):
It would be the judge, it would be the judge
or statutory law or statute. For example, in the case
of child abuse, the state of California legislature opened up
the statute of Limitations for a period of time where
a fifty year old could go back forty years and
file the lawsuit. But that was a period of time,
and that took state law to do that. No judge,
(19:04):
I think could have done that. So, if I had
to guess, I think the statute is long gone on both.
When did you discover this happened?
Speaker 4 (19:15):
In way around two thousands five?
Speaker 9 (19:22):
I was contacted.
Speaker 2 (19:22):
Yeah, okay, so now you're going back.
Speaker 1 (19:25):
Okay, so you're going back almost twenty years when you
knew this was happening. Yeah, you've the statute is long gone. Yeah,
there's not much you can do about that. And you
know what can I say? You know lawyers practicing law
who don't have licenses. I would assume based on that
that the lawyer was not only disbarred, but criminal charges
(19:48):
were made against him.
Speaker 2 (19:49):
I can't imagine that wouldn't have happened. Gus, Hi, Gus,
good morning.
Speaker 5 (19:55):
Yes, I have just a quick question. Uh, there was
my son is renting a candle there was a accidental
fire at the candle.
Speaker 11 (20:06):
Uh.
Speaker 5 (20:06):
He filed a claim with his insurance company. The insurance
company has since paid UH directly the money directly to
the h o A for the amount of the claim
they enter into. The HU enter into a contract with
a contract to third party. They have finished the repairs
and the for the damages, but the h o A
has only paid them one third of the money, claiming
(20:29):
that they don't have the rest of the money.
Speaker 2 (20:31):
Even though they received all of the money.
Speaker 5 (20:34):
Yes, okay, they have received the money and are improved
because you know the checks this version. My question, My
question is uh. And of course the contractor has now
turned over the ACCOUNTO into collections because they refuse to pay.
My question is, can the contract of the h o
A now UH, based on and you know, whatever long
(20:56):
it takes, go after the owner of the candle and
my son has a renter or you know?
Speaker 2 (21:02):
No?
Speaker 1 (21:03):
Because no, no, because the uh the owner UH does
he is the owner is not responsible for the repair.
It's the h o A that is responsible for the
ap pair repair and the h o A got paid
for the repair.
Speaker 2 (21:18):
UH.
Speaker 1 (21:19):
So if the and I'm assuming if the h o
A filed the claim and the insurance company pay the
h o A. Uh it was a common area issue. Uh,
it wasn't a personal issue within the condo where uh
the renter was not nailed for any negligence.
Speaker 5 (21:35):
Correct, that's that is correct.
Speaker 1 (21:37):
Okay, Yeah, here's here's what's going on. First of all,
the h o A is not doing what's supposed to
be doing. And uh, I think there's personal liability on
behalf of whoever made that decision to keep the money. Okay,
and that's the board and that is a big problem.
That's violation of state law right there. And so uh
you have to let the all the other members of
(22:01):
the HOA should write a letter saying here, here's what happened.
Speaker 2 (22:03):
Guys. I'm assuming they all know.
Speaker 1 (22:05):
And uh, you, the renter, I think, has a lawsuit
against the h o A because you are a beneficiary
basically of the repair that has to be done. So
it's you're a third party beneficiary. I don't know if
that's a legal term, but yeah, yeah, I think you've
got an HOA that's screwing all of you, is what
you have.
Speaker 5 (22:26):
Yeah, exactly. My qu Another question is why would you
think the h o A would be claiming now that
they don't have.
Speaker 2 (22:32):
The money when the money because they took the money
and spend it something. Yeah, it's easy. They took the
money and spend it someplace else at all.
Speaker 1 (22:39):
Now that's what they do unless someone has stolen that money,
which has happened. Because the h o A, the members
of the board control all the finances. Now, there are
certain rules that apply to them, and they can. There's
there's a duty of fiduciary duty they have to the
h o A. The board members have a duty to
(23:02):
the rest of you. Members of the h o A
to appropriately disperse funds, can collect, can put in special assessments,
They can do virtually virtually anything. But I'll tell you
what they can't do, right. They can't steal the money
that goes in. They can't take insurance proceeds to repair
(23:24):
part of the buildings and say we don't have the
money because when someplace else that they can't do. So
you want to look at maybe the rest how many
members are in the HOA, how many units?
Speaker 5 (23:38):
I don't know they are. I don't they own several
the condo in particular, when my son ranks is I
think they have like forty units.
Speaker 1 (23:49):
Okay, you have to Okay, the owner is not the
ho A. Well wait a second, the owner there is
no ho A. If there's a single owner, all the units.
Speaker 2 (23:59):
Have to be owned separate. Yeah, noh yeah, okay, so
there's no owner.
Speaker 1 (24:03):
Okay, So you have forty units that are owned either
rented out or owned by the individuals and they have
they can go after the board. And they should go
after the board. I mean, I was a member of
an HOA and it was it was about they didn't
(24:24):
steal any money, but man, they didn't pay bills, and
we got a special assessment to pay the bills for
a year and we had to kick out the board.
And it was a mess and it costs big, big money,
which is one of the reasons I sold my house
and I moved into a new place that has a
well run HOA.
Speaker 2 (24:45):
Which is a joy. Nick, you're up. Welcome to the show,
all right, Nick, Hey, what's up?
Speaker 11 (24:51):
Bill? So I moved into an apartment in early June.
Their conditioning didn't work when I first got there. They
tried to remedy it like three or four times. Wasn't
working consistently for over three months. They never brought in
a profession or anything like that. And we went through
that big heatwave. In that time period, I got two
(25:12):
kids and a dog. I couldn't cook in my house,
the whole thing.
Speaker 10 (25:15):
Wow.
Speaker 11 (25:15):
They gave me two options. Yeah, they gave me two options.
They said, either move it moved to another unit which
was sub part of mine, or not not not equivalent,
or uh, they would let me out of my lease
scott free. But they were offering moving assistance.
Speaker 2 (25:31):
They were say they weren't offering moving assistance. Is that correct?
Speaker 3 (25:34):
Or they were not correct?
Speaker 1 (25:36):
They were Okay, a couple of questions. Number one, did
the dog die? Don't care about the kids, you know,
I don't give an.
Speaker 2 (25:43):
They died, But did the dog die?
Speaker 1 (25:45):
No, Okay, so that's helpful. Yeah, I mean they were
in breach. They're in breach of the lease from the
moment the moment it stopped working. It's not a habitability issue.
But in the case of the heat wave that we had,
which was.
Speaker 2 (26:00):
Brutal, I mean brutal.
Speaker 1 (26:02):
Yeah, So you got a couple of choices here, but
keep in mind that.
Speaker 2 (26:09):
Any one of these.
Speaker 1 (26:10):
Is going to destroy your relationship with your landlord except
moving out. And I think you are entitled to relocation
money based on the fact that they're letting you out.
Then well maybe not legally, but I think in the
case of a lawsuit, a judge would give it to you.
So how big a deal is it to repair the.
Speaker 11 (26:30):
They were telling me they gave me this because like, oh,
it's obviously uninhabitable, so we can't get the part we
need for like four weeks or something. I got so
because they didn't offer me any moving assistance, I was
unable to move.
Speaker 1 (26:42):
Yeah, right, So how much would it cost to fix it?
Speaker 11 (26:48):
It got thick? They finally got the party.
Speaker 2 (26:50):
Okay, okay, So let me ask you this.
Speaker 1 (26:53):
I had that same situation going when for a period
of time because I was between places.
Speaker 2 (26:58):
I sold.
Speaker 1 (27:00):
House and then remodeling the new one, and so I
had to get an apartment for a small period of
time and the air conditioning didn't work, and I raised
all kinds of hell.
Speaker 2 (27:12):
They brought in portable air conditioners. Temporary portable air.
Speaker 1 (27:18):
Conditioners they brought in Otherwise, I said, otherwise, I'm going
to assue you. And I happen to be a lawyer,
And thank goodness, they don't listen to the show so
they don't know.
Speaker 2 (27:26):
The quality of lawyer I am.
Speaker 1 (27:29):
And so you know you could have made that demand.
But now it is, you have it. It's already been fixed.
I think the only answer now is if you want
to stay there is file a small claim suit and argue, yeah, well,
you know what. I don't know, but I would go
for the full ten thousand dollars that you're allowed to
(27:52):
under the law, and see what the judge says.
Speaker 2 (27:55):
And if I'm the judge.
Speaker 1 (27:57):
I'm going to look at you and go three months
without air conditioning during that heat wave?
Speaker 2 (28:02):
Are you kidding? Now?
Speaker 1 (28:04):
Here's the defense. There were no parts. You're honor, we
ordered the part. There was nothing we could do other
than spend.
Speaker 11 (28:14):
To figure out what the problem was.
Speaker 1 (28:15):
Okay, okay, so fair enough. That is their responsibility. I
would go ahead and file a small claim suit, ask
for the full amount, argue that it's worth ten thousand
dollars because your kids or your you know, your dog
was suffering panting and hair fell out or whatever, and
the kids were suffering and they were demented or whatever.
(28:38):
I mean, just throw in everything you possibly can see
what happens.
Speaker 2 (28:42):
Now, are you gonna win something? Yeah? I think you are.
Speaker 1 (28:45):
However, now you have a landlord that's really pissed off
at you, so you have to take that into account too.
You know, the joys of renting are delightful, and I'm
right there.
Speaker 2 (28:56):
It happens. Fernando, Hello, Fernando.
Speaker 1 (29:01):
Bill, Yes, all right, this is not good.
Speaker 2 (29:05):
Fernando. You're on a speaker phone and this is not pleasant.
Speaker 12 (29:09):
Okay, let me take you often.
Speaker 2 (29:11):
Okay, thank you.
Speaker 6 (29:13):
Can you hear me?
Speaker 1 (29:14):
No?
Speaker 2 (29:14):
I can?
Speaker 12 (29:16):
Okay, Bill, I have a question regarding list pending a
list pendance.
Speaker 6 (29:23):
This a list.
Speaker 2 (29:24):
Pendance l I S P E N D E S
list pendence.
Speaker 1 (29:27):
Okay, all right, so what's the question.
Speaker 2 (29:30):
What happened?
Speaker 6 (29:31):
Okay, okay.
Speaker 12 (29:33):
I purchased a property a year ago. I purchased sellers finance.
I just received a list pending notice, but it does
not name me as a respondent in Thames. The previous
owner which is who?
Speaker 2 (29:46):
Yeah, the previous owner doesn't doesn't own the property? Correct?
Where's title?
Speaker 12 (29:52):
I'm on the title?
Speaker 2 (29:53):
Yes, okay, you own the property as title. So what
are they doing?
Speaker 1 (29:56):
Why are they putting your property up with any dispute
they have with any buddy?
Speaker 12 (30:02):
That's what I'm trying to think.
Speaker 2 (30:03):
That that's a good that's a good question.
Speaker 1 (30:05):
At this point, you file emotion to dismiss the list pendants,
and the judge will give it to you, because there's
no way that a non property owner or someone that's
not in dispute with the property owner and it has
to do with the property itself. For example, let's say
(30:25):
I'm suing you and you own the property and I'm
suing you for a breach because there was a business
issue going on. I can't cloud up, but I can't
cloud your title. I can't put your house at risk.
I just can't do it. A lot doesn't allow it
until after a judgment. But that's that's a different story.
What you have is you have to get a order
(30:46):
on this one. If he's still on the title, he's
not going to do a list pendance on his own
because that ties up his ability to sell.
Speaker 6 (30:57):
No.
Speaker 12 (30:57):
I mean he is hiss from what I know, is
the petitioner, and.
Speaker 2 (31:03):
That doesn't it doesn't matter, it does. It doesn't work
that way.
Speaker 1 (31:07):
If there is if your cloud or cloud has been,
if there's a cloud on your title, which means that
you don't own the place free and clear without any
people filing claims et cetera on the property and they
have no basis, which is the case, they have no
basis to do that. Then you file emotion and they're
(31:28):
getting hit with attorney's fieves. You got to get a lawyer.
Speaker 2 (31:30):
In this one. Uh yeah, that's just that's just the
way it works.
Speaker 1 (31:33):
It can't just arbitrarily say I'm gonna throw a lawsuit
on your property and tie it up so you can
never sell it.
Speaker 2 (31:40):
Now, you heard about bad breath last spot. You heard
me talking about Zelman's minty Mouthmens, And there.
Speaker 1 (31:47):
Is a world to that, because you know, people suffer
from bad breath, especially the people that are smelling your breath.
Speaker 2 (31:55):
And so let me suggest Zelman's minty Mouthmens. And here's why.
Speaker 1 (31:58):
First of all, it's far more than a mint. It's
clearly a mint because there's mint on the outside of
this little capsule. But when the mint has been finished,
you sucked the mint off the capsule. You then swallow
it or bite into it, and then it goes into
your gut. And people have to understand that bad breath
emanates from your gut a lot of the time, especially
garlic and onions, which I love and Zelmans has been
(32:23):
tested clinically.
Speaker 2 (32:24):
Against garlic and onions.
Speaker 1 (32:27):
And then when that is done, I mean you're basically
cleaned up and you feel great.
Speaker 2 (32:31):
You know how when you.
Speaker 1 (32:32):
Brush your teeth, you just feel really good for a while. Well,
Zelmans does that to you. Zelman's Minty Mouth Mints free
shipping if you order multiple packs, money back guarantee. I've
never seen anybody use that one. And you go to
Zelmans dot com fifteen percent off when you use the
code handle at checkout and take advantage of fifteen percent.
(32:53):
That's the code handle at checkout. Visit Zelman's ze l
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Speaker 2 (33:01):
This is handle on the law
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