Episode Transcript
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Speaker 1 (00:00):
Bill Handle here on a Saturday morning, last hour of
the Legal Show, coming up at eleven o'clock.
Speaker 2 (00:06):
The next hour is Richard Morreau with the Tech Show.
Speaker 1 (00:09):
I'll still be taking phone calls after the show, after
this show off the air, and I'll explain about I'll
explain all that a little bit later on two o'clock.
This afternoon Folk Report with Neil Savedra, who's with me
every morning throughout the week on the Morning show. And
this evening Michael Monks has a two hour special here
on KFI about the fire in the aftermath, What happens now.
Speaker 2 (00:36):
Phone numbers eight hundred five two zero one five three four.
That's number to call and yet top of the hour.
Speaker 1 (00:42):
I mean, we do have some calls, which is pretty
nice and pretty solid all day.
Speaker 2 (00:47):
Sometimes we don't. Sometimes you can't even get in.
Speaker 1 (00:50):
Eight hundred and five two zero one five three four
is the number to call, and it's always always top
of the hour. Best time to call. Eight hundred five
two zero one five three four. This is Handle on
the Law where I Bill Hand will give you, whatever
your name is, marginal legal advice and tell you have
(01:11):
absolutely no case. There are a few things about the
Trump administration and Donald Trump that are really going.
Speaker 2 (01:20):
To effect us, I mean every one of us, big time.
Speaker 1 (01:24):
The tariffs, absolutely, Immigration not so much other than a
moral philosophical approach as to, you know, people who come
here illegally shouldn't come here illegally, and we want them out.
Just for a sidebar story, my parents came to the
(01:45):
United States when I was five. My father, after World
War Two, was an Italy Holocaust survivor. He applied to
come to the United States in nineteen forty five and
he was given permission to come into the United States.
Speaker 2 (02:00):
Eleven years later. He followed the rules.
Speaker 1 (02:05):
So I'm really on the fence with this one, because
the only reason that people come for the most part
in the United States is to feed their families, because
where they're coming from is impossible. So I'm sort of
up in the air about that. Terrorists absolutely. If you're
a federal worker and you've been laid off, I wonder
(02:26):
how many federal workers who voted for Trump and have
lost or are going to lose their job, or are
anticipation of losing their job, are waking up and saying,
you know, I'm glad.
Speaker 2 (02:39):
I voted the way I voted.
Speaker 1 (02:41):
You know, my job goes small potatoes compared to where
I want the country to go, just saying.
Speaker 2 (02:48):
So those are pretty important.
Speaker 1 (02:52):
Then there's stuff that's just kind of eh, more entertainment
than anything else.
Speaker 2 (02:57):
And one of them is changing the title the name.
Speaker 1 (03:02):
Of the Gulf of Mexico to the Gulf of America
on maps. And this was a fairly big deal that
Donald Trump has said was a very big deal. And
so okay, he arbitrarily says, this is a Gulf of America.
By the way, I have some reasons for doing this
because it mainly circles America, I think, even more than
(03:24):
the Gulf of Mexico, Mexico itself.
Speaker 2 (03:26):
So he changes the name.
Speaker 1 (03:28):
Of Gulf of Mexico to the Gulf of Mexico, from
the Gulf of Mexico, excuse me, to the Gulf of America.
Speaker 2 (03:35):
So Google changes the name.
Speaker 1 (03:39):
So if you go on Google there it is the
Gulf of America. And in a statement posted on x
how unusual, Google said it would be complying with the
name change as part of its long standing practice of
adhering to official government names.
Speaker 2 (03:59):
This was falling the.
Speaker 1 (04:01):
Executive Order law that calls that body of water the
Gulf of America, and the Federal Board on Geographic Names
formerly changed it last week.
Speaker 2 (04:17):
And how can they do that? Well, because the Federal Board.
Speaker 1 (04:22):
On Geographic Names is a governmental agency part of the
Executive Branch. Also, the Geographic Names Information System, which also
controls all of this, is under the United States Geological Survey,
which provides names to Google Maps. So we've got a
couple of official name changes, and now what, Well, let's
(04:46):
get a little bit of history. The Gulf of Mexico
has been the Gulf of Mexico the name of it for.
Speaker 2 (04:53):
Four hundred years.
Speaker 1 (04:56):
Cape Canaveral became Cape Kennedy went back to Cape Canal
because the name of Cape Canaveral has been around for
hundreds of years. Mount McKinley became Mount McKinley in nineteen
fifteen subsequent to the assassination of McKinley. When Teddy Roosevelt
became president, it was Mount Denali, then it became McKinley,
(05:23):
then it went back to Mount Denali, and now it
is back to McKinley. And by the way, McKinley never
even visited Alaska ever. So I think we're going to
be seeing a lot of this coming up. By the way,
example of what's going on is the Sea of Japan.
Now this has been going on when countries are in
(05:44):
are disputing the names. So you got the Sea of
Japan or the East Sea, and that's been a dispute
between Japan and South Korea. Google Maps, it's the Sea
of Japan because that's the way the US government wants.
Speaker 2 (05:59):
It to be named.
Speaker 1 (06:02):
Okay, it's gonna be a lot of fun and that's
just entertainment value if nothing else.
Speaker 2 (06:08):
Oh, okay, Brook, we'll start with with you, Hello Brook,
Thank you.
Speaker 3 (06:18):
So I purchased a vehico from Commacks. Yeah, I purchased
a vehicle from Commacks in twenty seventeen. We had twenty.
Speaker 4 (06:25):
Thousand miles on the on the Domita.
Speaker 3 (06:28):
Yesterday we went to trading our vehicle and they said
there's a discrepancy in the odomitor reading from when we
prior to us purchasing the vehicle. So the vehicle shows
in twenty sixteen it was serviced twice, throwing twenty nine
thousand miles and then thirty seven miles thirty seven thousand miles,
and then when Comacks sold us the car, it had
twenty thousand miles on it. So we were told to
(06:51):
contact an attorney because they would not the dealership we
were trying to sell a party would not take it
because of this. And whether that Commacks reached a contract
by selling us car that had unbearified miles.
Speaker 1 (07:02):
On it, yeah, I don't know if I haven't seen
a contract with CarMax. I've sold a car to CarMax
and they're pretty good. I mean I got a good
chunk of money, more so than I would have done
if I just sold it on the street. So and
CarMax has a really good reputation. So before you talk
(07:23):
about an attorney, what is CarMax saying.
Speaker 5 (07:27):
Nothing.
Speaker 3 (07:27):
I'm going in there right now, so I want to
find out prior it's going in All right, then.
Speaker 1 (07:31):
You talk to them and don't don't and don't mention,
don't get aggressive.
Speaker 2 (07:35):
By the way, what they did, if they.
Speaker 1 (07:37):
Did that, and their duty bound to do that, And
I don't know the laws on this one.
Speaker 2 (07:42):
Is a crime to move the odometer setting.
Speaker 1 (07:45):
I mean that is a straight out violation of law,
and it's not a civil issue.
Speaker 2 (07:49):
It is a crime.
Speaker 1 (07:50):
Although obviously someone who's been hurt by that has a
civil case.
Speaker 2 (07:55):
That's all you can go. I'd go in there and simply.
Speaker 1 (07:58):
Say kind of speak to a manager please, and just say, hey,
this is what happened.
Speaker 2 (08:02):
What can you guys do. That's the start of which.
Speaker 1 (08:06):
Do not mention the law. Do not mention violation. Do
not mention that they screwed you. Do not mention that
somehow they purposely did it. Just say hey, hey, we've
got a problem here, what can you do about it
to help me out?
Speaker 2 (08:25):
And then we take it from there, and then you
call me and then I yell you later on. Okay,
that's how to handle it.
Speaker 1 (08:32):
I saw you always try to go outside the law.
I mean, I've got an issue going on right now
with the batteries on my solar system and something's really
squirrely with them. And it's a long, complicated story, but
I'm going back to the original seller and going, hey,
I just need some help here, I really do, would
(08:53):
you please? And that's where you start. That's always where
you start.
Speaker 2 (08:58):
Now.
Speaker 1 (08:58):
If you happen to live in pain, I mean you're
in pain all the time, or maybe you know someone
who does. Let me suggest you listen to the Pain
Game podcasts because this is about people who have lived with,
who have dealt with, who have treated folks living in pain.
The host, Lindsey Soprano, who I know very well, deals
(09:18):
with chronic pain twenty four to seven and does it heroically.
And I see this every day. Every episode ends with
a message of hope. She's a real optimist and you
will quickly understand that every show is about giving pain purpose.
Speaker 2 (09:33):
Now I don't get it. To me. Pain is pain,
but this goes way beyond that.
Speaker 1 (09:38):
So listen to the show wherever you listen to podcasts,
it's The Pain Game Podcast, The Pain Game Podcast.
Speaker 4 (09:46):
Hello Matt, Hey, Hey Bill. All right, here's the background.
So I'm part of HOA. One of the members of
the HOA file a claim and insurance claim against their
insurance for an injury sustained by their twelve year old kid.
Twelve year old was playing in one of the retention
basins that we have after a storm and got sucked
into one of the drainage culverts and was injured. And
(10:10):
then is following a claim. So insurance assurances is basically
I think they're going to litigation. But the comedy of
errors with this is that our insurance was up and
we had to get a new insurance company to provide coverage,
and since there's an open claim, jacked up the insurance premiums.
And we've got all a special assessment of basically six
(10:31):
hundred bucks per per member of the HOA that they're
going to have to we're going to have for how long?
Speaker 2 (10:36):
How long is assessment going to go through?
Speaker 4 (10:39):
Yeah, it's going to be every year, is what the
Board of Directors is telling us. So six hundred dollars
every year and then.
Speaker 1 (10:44):
Okay until I'm assuming, until the litigation is over, until
the decision is made.
Speaker 2 (10:49):
Okay, that's right.
Speaker 4 (10:50):
So and just a little bit more backstory twelve year old.
The parents were not at home, they're out of the
country when this injury was sustained. And also the city
does an annual review of these drainage basins or the
retention basins, and everything was up to code.
Speaker 2 (11:05):
Okay.
Speaker 4 (11:06):
My question to you is I'm planning on and once
I get that special assessment checking the mail here in
a couple of weeks, I was actually going to send
a demand letter to these parents to say, hey, pay
this fee for me or reimburse me before then having
to take them to small claims. But I want to
get your take on if that's a legitimate.
Speaker 1 (11:25):
Okay, small what are you going to do in small
claims court against them?
Speaker 2 (11:29):
It's no small money.
Speaker 1 (11:31):
That's way, it's way beyond a small claim court ability
to deal with this ain't gonna happen in small claims court. Uh,
because the case is wide open right now. It's wide open,
so there's been no judicial determination, So that doesn't help you.
Speaker 2 (11:50):
That's one of your defenses.
Speaker 1 (11:53):
And what ends up happening after the case is over
then you go against the parents for the money that
the HOA has lost, saying it's your fault.
Speaker 2 (12:04):
We won this case. Clearly, it's your fault.
Speaker 1 (12:07):
We want our money back that it cost us to
litigate and our money back, I would argue, is the
jacked up insurance costs and that's where it sits.
Speaker 2 (12:18):
So it's way premature at this point. How badly was
the kid banned?
Speaker 5 (12:21):
Up? Pretty bad?
Speaker 4 (12:23):
There were pictures posted on one of the social media comes.
Speaker 1 (12:26):
Okay, hey he's so, let me ask me he's the
kid is twelve years old?
Speaker 5 (12:30):
Right correct?
Speaker 2 (12:32):
Okay?
Speaker 1 (12:33):
And there was no one at home, the parents were
on vacation. Who was taking care of the twelve year.
Speaker 4 (12:37):
Old based on the social media post. I'm thinking as
older brother.
Speaker 6 (12:42):
That's okay.
Speaker 2 (12:43):
And how old is the older brother?
Speaker 4 (12:45):
I think eighteen? I think yeah, I think.
Speaker 1 (12:47):
That's you know what, that's enough because you have somewhat
of majority taking care of the kids, so you're not
going to be able to say unsupervised, the kid is unsupervised,
there was some kind of child in neglects go there.
Now is just a question of how negligent was the kid, right,
you know, if the kid, if the court, yeah, if
(13:09):
the kid, if the court determines that the kid is
negligent to whatever extent. And in California we have something
called comparative negligence, which means, let's say there were one
hundred percent damages. Let's say one hundred thousand dollars worth
of damages, that's medical bills of pain and suffering, et cetera.
If the kid is ninety percent at fault, the HOI
(13:30):
is responsible for ten.
Speaker 2 (13:31):
Thousand dollars of it. And that's so that's what's going
to happen.
Speaker 1 (13:35):
In the meantime, your insurance company is defending they clear
Obviously the claim is astronomical because insurance companies if it's reasonable,
settle up, and or they're saying we are that's you
when we use the word we are insured.
Speaker 2 (13:50):
Is not responsible at all.
Speaker 1 (13:53):
That the HOA did everything reasonable under the circumstances, for example,
have a high enough fent. For example, have a big
honkin sign that says this is dangerous, don't go over.
Speaker 2 (14:05):
We've got a culvert down here. Any number of things
that you could have or should have or would have done.
Speaker 1 (14:14):
The more difficult you make it for someone to commit that,
commit that in destruction, or violate what is reasonable under
the circumstances. There's also something called attractive attractive nuisance in
which there was a situation where a twelve year old
kid would want to do that because twelve year old
(14:35):
kids love to climb on stuff.
Speaker 2 (14:39):
And one of the argument is going to be that's
what happened.
Speaker 1 (14:42):
So it's a little complicated, but the bottom line is
based on what you said, assuming that you did everything reasonable,
and you're going to argue code.
Speaker 2 (14:49):
We've met all code.
Speaker 1 (14:50):
You know what your insurance company handles it, and believe me,
you're gonna go. There's gonna be a trial, and based
on what you said, that kid's lawyer is not going
to be happy at the end of it. All right, thanks,
all right, there it is, that's all of that, hey, Paul.
Speaker 4 (15:11):
Welcome, Yeah, all right.
Speaker 7 (15:13):
Hey.
Speaker 5 (15:14):
I had a trial and I won in a court
and the.
Speaker 4 (15:19):
Uh so, the judge.
Speaker 5 (15:22):
Wanted to seize the assets of the of the defendant,
so he made an order for the sheriff to seize
the assets. So the sheriff did this. And in this
case it happened to be a boat, large boat, seventy
foot yacht. So the sheriff sees that after they're supposed
to sell sell it and all posteds are supposed to
go to me. Well, the sheriffs had the boat for
(15:44):
a year and a half or better and can't give
me a rule. Yeah, they haven't. They haven't done anything.
You know, what do I do?
Speaker 2 (15:52):
Well, at this point, you can do a couple of things.
Go back to the court.
Speaker 1 (15:57):
And I actually have the sheriff to apartment be held
in contempt for not following a court order.
Speaker 2 (16:04):
Also, you know, getting practical.
Speaker 1 (16:05):
I mean, if you don't want to go to court,
I'd call a county supervisor's office and just say, hey,
what the hell's going on?
Speaker 2 (16:10):
You guys control the sheriff. And here I am.
Speaker 1 (16:13):
A constituent, I vote, I'm a citizen, and you are
letting the county sheriff's department not do anything when I
have a court order. That's where I'd first go is
see what a county supervisor, the county supervisor's office does,
because every one of those county offices, every congressional office
has a liaison to the constituent. You know, they take
(16:35):
complaints and they say, okay, we'll do what we can do.
Speaker 2 (16:39):
So that's where i'd go. Try that, all right, all right,
see what happens on that one. Let me tell you
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(17:08):
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Speaker 2 (17:10):
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(18:07):
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Speaker 2 (18:13):
Karen Hello, Karen Hello.
Speaker 8 (18:21):
Three acres of land. I have a fence around the
entire property, and then I have a fence around the house.
I was gone one day and four dogs got into
my yard and beat up my dog.
Speaker 1 (18:42):
I had beat them up like pizzically took their paws
and started, uh, just beating them up, not like boxers.
Speaker 2 (18:51):
I just thought of that, were they boxers? Damn? That's funny.
I didn't even I didn't even try for that one.
Speaker 1 (18:57):
All right, So they they attacked your dog, yes, okay,
how what happened to your dog?
Speaker 2 (19:04):
How much? How much?
Speaker 8 (19:08):
Thousand dollars?
Speaker 2 (19:09):
One thousand bucks?
Speaker 5 (19:10):
All right?
Speaker 9 (19:12):
And so what do I do?
Speaker 1 (19:14):
I as, Yeah, you assume a small claims court for one
thousand dollars.
Speaker 2 (19:18):
That's what you do.
Speaker 1 (19:20):
Yeah, yeah, I also have let me throw something at you.
Speaker 2 (19:25):
You ever heard of poison meat?
Speaker 5 (19:29):
Yes?
Speaker 2 (19:30):
Yeah, okay, just wanted to say that, you know, just
you know, you want to look at that.
Speaker 1 (19:34):
Possibly, okay, but yes you have. You have a case
against the owner of the other dogs that beat your
dog up for a thousand bucks. You kind of lucky.
It was only a thousand dollars I had. I had
a shelter dog that was in my backyard. It was
a coyote attacked this little guy, actually a little girl.
Speaker 2 (19:58):
It was oh yeah, it was horrific.
Speaker 1 (20:00):
Surgery six thousand dollars, and then there was an infection
that set in, and they wanted to do another surgery,
and I said how much for all of it?
Speaker 2 (20:10):
And they said it'll be another twelve thousand dollars. And
then I.
Speaker 1 (20:13):
Said tell you what, if my kids needed twelve thousand
dollars out of my pocket to help them survive, that
wouldn't be happening. So she was in a lot of
pain and we put her down and it was pretty horrific.
Now I moved into a new place and I have
and I live up in the hills, and I have
a coyote fence around my yard and it's thirty feet
(20:38):
high and it's electrified. And if you want to see
a coyote that is fried, then you come to my house.
But anyway, yeah, you'll get your you'll get.
Speaker 2 (20:47):
Your thousand dollars. That's an easy, peasy one. Johnny, Hello, Johnny,
hell yo, Johnny.
Speaker 7 (20:57):
Yes, yeah, you're a brilliant.
Speaker 2 (21:00):
Yes I am.
Speaker 1 (21:01):
By the way, are you on a are you what
are you doing on? What device are you on? Are
you on a speaker? Or are you in Bluetooth? What's
going on?
Speaker 2 (21:09):
Okay?
Speaker 10 (21:09):
Okay, this is what's going on?
Speaker 2 (21:11):
Okay better, So I'm okay better.
Speaker 11 (21:13):
Yeah.
Speaker 10 (21:14):
So I do a lot of sales and I sell
cars on the side. And what I wanted to find
out is when you give them a bill of sale,
can you just say, yeah, this is as is sold
as is, and that should have been covering me from
them coming back and saying, oh yeah, I don't like
(21:34):
the cut.
Speaker 1 (21:35):
Yeah, absolutely absolutely, you sell this car is just exactly
what you says, as is and you I am not
responsible for anything that may be wrong with it, not
is wrong with it, that may be wrong with it.
In some language saying it is your responsibility uh to
(21:55):
uh get it looked at, I mean whatever, any kind
of language like that.
Speaker 2 (21:59):
But as is is the magical phrase. Yep. Yeah, And
they're gonna sue you anyway. You know that, Johnny, you
sell them a car. How much do these cars go for?
Let me ask that. How much you sell those cars for?
Speaker 11 (22:09):
Yeah?
Speaker 4 (22:09):
They go for like five grand?
Speaker 1 (22:11):
Okay, So with that, you gotta get hit in small
claims court all the time because cars go south. The
five thousand dollars car is pretty old and very few
five thousand dollars cars don't have issues with them, And
you're gonna get sued in small claims court because that's
what they do. The buyer is going to lose in
(22:32):
small claims court. You are going to then then what's
going to happen is the buyer has a right to appeal,
and so the appeal will be filed, which means you
get to go back to small claims court.
Speaker 2 (22:46):
And in the end, whatever.
Speaker 1 (22:47):
It costs you, you get attorney's fees if there are any,
you get all costs, is what you do.
Speaker 2 (22:53):
And I would argue all.
Speaker 1 (22:55):
Costs, including losing work, although the courts generally don't give
you that. But that's what's going to happen to your
To start the question that to start the segment, you said,
do I just put as is, Yes, you.
Speaker 10 (23:06):
Do, right, and that's a great answer. And then don't
we have to have five days when you do a
sale of a car?
Speaker 1 (23:13):
No, no, that's a consumer sale. No that's different, that's different. No, Nope,
you sold the car. It happens immediately. I mean, for example,
you buy a new car off a lot, they register
the lot, and you drive off and you get into
this horrific car accident.
Speaker 2 (23:29):
You've gotten in a car accident with.
Speaker 1 (23:30):
A used car, because as soon as it's registered, it's used.
So how can you do it's actually a three day notice,
a consumer three day notice, Hey Gary, welcome.
Speaker 11 (23:47):
Hey bill.
Speaker 7 (23:49):
Ahead, A bill for from the lawyer from my friend
who did a work on a truck selling house, you know,
where they pay cash and then they fix it up
and then they sell it. You get part of the money.
But this lawyer has billed twenty three hundred dollars once,
(24:09):
and now there's another bill for forty five hundred dollars
which this lawyer, my friend saw, the lawyer wants and
the lawyer thomas she would do things and she never did. Okay,
my friend is not liking this bill.
Speaker 2 (24:25):
All right, So of course you and I can bill
his contention as the lawyer did nothing.
Speaker 7 (24:29):
Right pretty much.
Speaker 2 (24:31):
Okay, So there's an easy one.
Speaker 1 (24:33):
Let me tell you what you do legally and under
the law. You say no, you say no, thank you.
You want to assume me, go ahead and sue me. Now,
how do you prove that the lawyer did nothing? Or
the lawyer has to prove that the lawyer.
Speaker 2 (24:48):
Did some work.
Speaker 1 (24:49):
So the lawyer's going to say, was there paperwork involved?
Were documents provided to the lawyer?
Speaker 2 (24:58):
I think saud Okay, So now here's what the lawyer said.
I had to go through the documents.
Speaker 1 (25:04):
Now, a simple transaction like this, this was a piece
of property, is that correct?
Speaker 5 (25:11):
Correct?
Speaker 1 (25:12):
That?
Speaker 7 (25:13):
Where you pay these people? The lawyer is connected to
this real estate club.
Speaker 1 (25:18):
Okay, I mean all right that that makes it even
worse for the lawyer. But was there a signed retainer
that your friend had with the lawyer?
Speaker 7 (25:26):
I don't think so.
Speaker 2 (25:27):
Well the lawyer, Well, you have to have a sign
retainer with a lawyer. Okay, Well, then that's what happens.
And if there's no sound, if there's no sign retainer,
the lawyer's got some issues. Okay, So just say no
at this point, just have him say no, thank you.
Speaker 1 (25:43):
If you want to go to court, then I'll be
more happy to argue that you didn't do all the
work that you did, and you have to prove you did.
And you know what, can I tell you now? The
lawyer will manufacture some hours.
Speaker 2 (25:55):
But you know how much? How much does the lawyer charge?
Speaker 6 (26:01):
Hell?
Speaker 2 (26:02):
Yeah?
Speaker 7 (26:06):
Me four?
Speaker 2 (26:09):
Okay? Was that put in writing?
Speaker 7 (26:12):
Well, I've got the bill here now, I don't care
about the bill.
Speaker 2 (26:15):
Was it put in writing that that's what he charges?
Speaker 7 (26:19):
I think?
Speaker 5 (26:20):
So?
Speaker 1 (26:20):
I think then there's a Then there's a retainer agreement
that your buddy signed.
Speaker 2 (26:25):
Okay, yeah, you're making it. You're conflating everything here.
Speaker 1 (26:29):
There's a retainer agreement the lawyer charges four hundred and seventy.
Speaker 2 (26:34):
Five dollars an hour.
Speaker 1 (26:36):
You say that's your buddy says, you only did one
hour of work or you can't have done more than that.
The lawyer says, no, I did all of this work.
Lawyer has to prove it. In other words, but here's
what the lawyer does to prove it. He simply writes down,
looking at the looking at the documents, verifying the value
(26:57):
of the house. I mean, just goes on and on
and on of crap they do. But the bottom line
is can the lawyer charge of course?
Speaker 2 (27:05):
Is it crap?
Speaker 1 (27:06):
Probably? And your buddy just says no. I mean, there's
not much more to that.
Speaker 9 (27:10):
Yo, Linda, Yo, Hi, Hey, thank you. I live in
a beach bluff home in a coastal Commission area.
Speaker 2 (27:20):
Mm hmm.
Speaker 9 (27:21):
So it's a delicate situation. I have an extra neighbor
that had a house that was a nuisance and the
city took it over and they hired a receivership in
the state to come in and clean it up, fix
it up. However, what's been happening is they have done
some things. I feel like I'm bullied. My lines are wrong.
Speaker 2 (27:47):
Sorry, your lines are what hold on what your lines are?
What wrung? I don't know what that means?
Speaker 11 (27:54):
All right?
Speaker 9 (27:55):
God it takes up and the lines were wrong, and
I do have an easement drive away with his neighbor.
I'm sorry there's all these details. But anyway, the receivership
one day just started grading and coming into my easement.
Speaker 2 (28:14):
Okay.
Speaker 1 (28:14):
And you know, and you hold on a second. You
know they came on to your property to do that.
Speaker 2 (28:19):
Is that correct?
Speaker 5 (28:20):
Yes?
Speaker 9 (28:21):
Yes, the city a journey came out and admitted it.
Speaker 2 (28:24):
Okay, all right, well I'm they're going to deny. They
came out and admitted it.
Speaker 1 (28:27):
But all right, so let me stop you right there,
real estate attorney, right now, because you are fighting against
the city. What they are doing is illegal. They're not
allowed to do that. They can't come onto your property
and start grading your property. Ignore the property lines and
(28:49):
certainly ignore what you know. The property lines are determined
very early line the very early days. You know, when
the property is a zone. Yeah, it's all there on
the record. You've got you've got some damages there, and
so you want to definitely go ahead.
Speaker 9 (29:08):
The monument was even taken out, okay, so they.
Speaker 2 (29:11):
Can figure that out. I mean, you know, the surveyor
comes back and figures all that out.
Speaker 1 (29:15):
So yeah, it's just it's absolutely time to get to
get a real estate attorney.
Speaker 2 (29:22):
And I have a problem with my icon. Okay, there
you go. That makes a lot of sense. Jesse, Hi, Jesse,
welcome to handle on the law.
Speaker 11 (29:32):
Hey Bill, hey man, I'm thinking about getting one of
those dash cameras from my car. I was just wondering
if I get an accident and it happens to be
my fault, am I compelled to show that to the authorities.
Speaker 2 (29:46):
Or Yeah, not so much the authorities.
Speaker 1 (29:49):
But if you get an accident and you are sued,
they can subpoena whoever sues you can subpoena that as evidence,
and it does not help you at.
Speaker 2 (29:59):
All if it's your fault.
Speaker 1 (30:01):
On the other hand, if it's not your fault, it
can help you if you get an accident that you
are suing for damages or whatever, or you are tagged
by the police for doing something wrong and you can
prove it with your dash cam camera.
Speaker 2 (30:17):
Yeah.
Speaker 1 (30:17):
All it does is establish the truth, and it basically
expands the truth.
Speaker 2 (30:24):
It can help or it can hurt. That's all.
Speaker 11 (30:27):
Well, I have a good weekend.
Speaker 2 (30:29):
Yeah, all right.
Speaker 1 (30:31):
It's actually a pretty decent question, you know, I mean,
what do you do with dash dash dash cams?
Speaker 2 (30:38):
And then virtually every car now.
Speaker 1 (30:39):
Has a black box, which gets really interesting, especially the
newer cars, the electric cars. From what I understand, they
have a black box, that's my understanding, which means they
record how fast the car is going. So you claim
that the other side was doing eighty miles an hour
down the street, don't know. I was, no, no, and
I was doing the speed limit when I smashed into
your car, and you go no, there's the evidence right there.
Speaker 2 (31:06):
Nicole, Hi, Nicole, welcome. What can I do for you?
Speaker 12 (31:10):
Good morning, Bill, Thank you for shaking my Now. Yes,
I'm calling because we were in a rental property for
over a year, which turned into a month to month lease,
and we received notification to vacate the premises in ninety days.
We went ahead and started looking immediately. We've got three
teenage boys and needed to get settled, and so we
(31:32):
found a place and we went ahead and let him
know nineteen days before we moved out, we're going to
give him the keys that we were moving out. He
is now stating that we needed to give him a
thirty day notice, which I do not believe.
Speaker 2 (31:46):
Yeah, no, that is right. You have to give him
a thirty day notice.
Speaker 1 (31:50):
Yeah, you have to, but negotiate with him, say, hey,
you know it took a while. Can we negotiate. Can
I pay you some of the money. But yeah, there
has to be a thirty day notice.
Speaker 2 (31:59):
And even though you're on a month.
Speaker 1 (32:00):
To month, that's you just can't up and pack away
nineteen days. How about nine days notice? I mean, yeah,
why not.
Speaker 2 (32:09):
I'm leaving tomorrow morning. So yeah, there's a thirty day notice.
Is definitely the laws.
Speaker 1 (32:15):
So yeah, you're screwed for you know, eleven days basically
if it's a thirty day month.
Speaker 6 (32:23):
Mike, Hello, Mike, Hi Bill, thanks for taking my call.
Sure I have a problem. I have a flooding question.
A neighbor moved in next door. We live on a
canyon and his property is downhill of ours. Now, I've
(32:43):
lived here almost fifty years, and every time it rains,
the water flows from east to west. It flows from
my neighbor's property onto me, and then from me it
flows over to this property in question, the guy put
up a non permitted block wall concrete wall, and I
(33:08):
was afraid of this. I talked to him about it.
He ignored it. And now with the first heavy rain
which we had last what was it Thursday night, the
water was up to my knees along the wall. It
backed up and actually came into the house.
Speaker 2 (33:27):
Oh okay, so you had some pretty serious damage there.
Speaker 6 (33:31):
Well, I don't have serious damage because it kind of
it came in just a little bit about six inches
eight inches in a low lying area, which was a portion.
Speaker 1 (33:43):
Oh so it didn't go into your home. It came
into your onto your property kind of No.
Speaker 6 (33:48):
No, no, it's all of my property.
Speaker 2 (33:51):
No, I understand.
Speaker 1 (33:51):
But you said you said it came into your home.
Maybe I misunderstood.
Speaker 6 (33:55):
Yeah, yeah it did. It came under the door and
into the house.
Speaker 1 (34:00):
Okay, And there's no problem and there's no property damage
with water coming in three inches six.
Speaker 6 (34:04):
Inches day, I don't think so, because it's you know,
to dry it off.
Speaker 1 (34:09):
Well you may know, Okay, you want to find out
because there may be the beginning of mold and all
kinds of things.
Speaker 2 (34:15):
So what is your question?
Speaker 6 (34:18):
Okay, my question is he has impeded the now exactly
what is your question?
Speaker 2 (34:24):
You're absolutely right, he has impeded. So what is your question.
Speaker 6 (34:26):
I have called the city, and yes, they.
Speaker 2 (34:30):
Don't do anything about it.
Speaker 1 (34:31):
I understand you've got to really push, push hard with
the city. And if not and he is in violating,
you can't force the city to do anything.
Speaker 2 (34:38):
They just can't.
Speaker 1 (34:39):
But if he's in violation of a building code, he's
in violation of.
Speaker 2 (34:44):
Some ordinance, you sue him. Well, they have to go
to court. Go ahead. Let me tell you.
Speaker 6 (34:51):
I've already reported him to the city for separate issue.
Speaker 2 (34:54):
He moved in here.
Speaker 6 (34:56):
This is an agricultural residential area. He moved in here
and broad in stucco equipment which he's not supposed to
store here. They've already cited him for that.
Speaker 1 (35:06):
All right, that's all you can do. I mean, they're
going to be really slow of citing him. And you
just have to have any damage that he does to
your property you nail him for and you can have
a court order forcing him to do that.
Speaker 2 (35:20):
And so he's now got.
Speaker 1 (35:21):
Two issues, a citation from the city and he would
have a court order. I mean, that's that's all you
can do. This is a horrible situation with the city
and neighbors and.
Speaker 2 (35:31):
All of that all right.
Speaker 1 (35:32):
Before we end the program, I want to tell you
about Zelman's Zelman's Minty Mouth Mints with I've been telling
you about four months and months, and I want to
give you my heads up. Let me tell you when
These are my friends that started this company, and I've
been known him for thirty years ago, and so when
they started Zelman's, you know what I did.
Speaker 2 (35:52):
I bought into it.
Speaker 1 (35:53):
That's how much I believe in Zelman's minty mouth mints.
They are that good and clinically test sit.
Speaker 2 (36:00):
Against the toughest.
Speaker 1 (36:01):
Offenders, even garlic and onions, which I eat lots of.
And it's all about bad breath, and it's all about
having your mouth, your breath just feel fresh and clean.
Speaker 2 (36:12):
And here's the way it works. These are little capsules.
Speaker 1 (36:14):
You pop two or three in your mouth, you suck
on the minty coding, and then when that's gone, you
swallow the capsule or bite into it, and then it
goes down in your gut for fresh, clean breath.
Speaker 2 (36:25):
That lasts four hours. That's what Zelmans does, and no
other mint does that. Clearly. I use them all the time,
of course, and.
Speaker 1 (36:33):
Obviously love them because I obviously loves them, so if
you order a three pack until the end of the month.
You order a three pack, you'll get an automatic fifteen
percent off. Automatically you get fifteen percent off. You don't
put any code or anything, so go to Zelmans dot
com slash kfi z E l M I n S
(36:54):
dot com slash Kfi fifteen percent off. Zelmans dot com
lash kf i
Bill Handle here on a Saturday morning, last hour of
the Legal Show, coming up at eleven o'clock.
Speaker 2 (00:06):
The next hour is Richard Morreau with the Tech Show.
Speaker 1 (00:09):
I'll still be taking phone calls after the show, after
this show off the air, and I'll explain about I'll
explain all that a little bit later on two o'clock.
This afternoon Folk Report with Neil Savedra, who's with me
every morning throughout the week on the Morning show. And
this evening Michael Monks has a two hour special here
on KFI about the fire in the aftermath, What happens now.
Speaker 2 (00:36):
Phone numbers eight hundred five two zero one five three four.
That's number to call and yet top of the hour.
Speaker 1 (00:42):
I mean, we do have some calls, which is pretty
nice and pretty solid all day.
Speaker 2 (00:47):
Sometimes we don't. Sometimes you can't even get in.
Speaker 1 (00:50):
Eight hundred and five two zero one five three four
is the number to call, and it's always always top
of the hour. Best time to call. Eight hundred five
two zero one five three four. This is Handle on
the Law where I Bill Hand will give you, whatever
your name is, marginal legal advice and tell you have
(01:11):
absolutely no case. There are a few things about the
Trump administration and Donald Trump that are really going.
Speaker 2 (01:20):
To effect us, I mean every one of us, big time.
Speaker 1 (01:24):
The tariffs, absolutely, Immigration not so much other than a
moral philosophical approach as to, you know, people who come
here illegally shouldn't come here illegally, and we want them out.
Just for a sidebar story, my parents came to the
(01:45):
United States when I was five. My father, after World
War Two, was an Italy Holocaust survivor. He applied to
come to the United States in nineteen forty five and
he was given permission to come into the United States.
Speaker 2 (02:00):
Eleven years later. He followed the rules.
Speaker 1 (02:05):
So I'm really on the fence with this one, because
the only reason that people come for the most part
in the United States is to feed their families, because
where they're coming from is impossible. So I'm sort of
up in the air about that. Terrorists absolutely. If you're
a federal worker and you've been laid off, I wonder
(02:26):
how many federal workers who voted for Trump and have
lost or are going to lose their job, or are
anticipation of losing their job, are waking up and saying,
you know, I'm glad.
Speaker 2 (02:39):
I voted the way I voted.
Speaker 1 (02:41):
You know, my job goes small potatoes compared to where
I want the country to go, just saying.
Speaker 2 (02:48):
So those are pretty important.
Speaker 1 (02:52):
Then there's stuff that's just kind of eh, more entertainment
than anything else.
Speaker 2 (02:57):
And one of them is changing the title the name.
Speaker 1 (03:02):
Of the Gulf of Mexico to the Gulf of America
on maps. And this was a fairly big deal that
Donald Trump has said was a very big deal. And
so okay, he arbitrarily says, this is a Gulf of America.
By the way, I have some reasons for doing this
because it mainly circles America, I think, even more than
(03:24):
the Gulf of Mexico, Mexico itself.
Speaker 2 (03:26):
So he changes the name.
Speaker 1 (03:28):
Of Gulf of Mexico to the Gulf of Mexico, from
the Gulf of Mexico, excuse me, to the Gulf of America.
Speaker 2 (03:35):
So Google changes the name.
Speaker 1 (03:39):
So if you go on Google there it is the
Gulf of America. And in a statement posted on x
how unusual, Google said it would be complying with the
name change as part of its long standing practice of
adhering to official government names.
Speaker 2 (03:59):
This was falling the.
Speaker 1 (04:01):
Executive Order law that calls that body of water the
Gulf of America, and the Federal Board on Geographic Names
formerly changed it last week.
Speaker 2 (04:17):
And how can they do that? Well, because the Federal Board.
Speaker 1 (04:22):
On Geographic Names is a governmental agency part of the
Executive Branch. Also, the Geographic Names Information System, which also
controls all of this, is under the United States Geological Survey,
which provides names to Google Maps. So we've got a
couple of official name changes, and now what, Well, let's
(04:46):
get a little bit of history. The Gulf of Mexico
has been the Gulf of Mexico the name of it for.
Speaker 2 (04:53):
Four hundred years.
Speaker 1 (04:56):
Cape Canaveral became Cape Kennedy went back to Cape Canal
because the name of Cape Canaveral has been around for
hundreds of years. Mount McKinley became Mount McKinley in nineteen
fifteen subsequent to the assassination of McKinley. When Teddy Roosevelt
became president, it was Mount Denali, then it became McKinley,
(05:23):
then it went back to Mount Denali, and now it
is back to McKinley. And by the way, McKinley never
even visited Alaska ever. So I think we're going to
be seeing a lot of this coming up. By the way,
example of what's going on is the Sea of Japan.
Now this has been going on when countries are in
(05:44):
are disputing the names. So you got the Sea of
Japan or the East Sea, and that's been a dispute
between Japan and South Korea. Google Maps, it's the Sea
of Japan because that's the way the US government wants.
Speaker 2 (05:59):
It to be named.
Speaker 1 (06:02):
Okay, it's gonna be a lot of fun and that's
just entertainment value if nothing else.
Speaker 2 (06:08):
Oh, okay, Brook, we'll start with with you, Hello Brook,
Thank you.
Speaker 3 (06:18):
So I purchased a vehico from Commacks. Yeah, I purchased
a vehicle from Commacks in twenty seventeen. We had twenty.
Speaker 4 (06:25):
Thousand miles on the on the Domita.
Speaker 3 (06:28):
Yesterday we went to trading our vehicle and they said
there's a discrepancy in the odomitor reading from when we
prior to us purchasing the vehicle. So the vehicle shows
in twenty sixteen it was serviced twice, throwing twenty nine
thousand miles and then thirty seven miles thirty seven thousand miles,
and then when Comacks sold us the car, it had
twenty thousand miles on it. So we were told to
(06:51):
contact an attorney because they would not the dealership we
were trying to sell a party would not take it
because of this. And whether that Commacks reached a contract
by selling us car that had unbearified miles.
Speaker 1 (07:02):
On it, yeah, I don't know if I haven't seen
a contract with CarMax. I've sold a car to CarMax
and they're pretty good. I mean I got a good
chunk of money, more so than I would have done
if I just sold it on the street. So and
CarMax has a really good reputation. So before you talk
(07:23):
about an attorney, what is CarMax saying.
Speaker 5 (07:27):
Nothing.
Speaker 3 (07:27):
I'm going in there right now, so I want to
find out prior it's going in All right, then.
Speaker 1 (07:31):
You talk to them and don't don't and don't mention,
don't get aggressive.
Speaker 2 (07:35):
By the way, what they did, if they.
Speaker 1 (07:37):
Did that, and their duty bound to do that, And
I don't know the laws on this one.
Speaker 2 (07:42):
Is a crime to move the odometer setting.
Speaker 1 (07:45):
I mean that is a straight out violation of law,
and it's not a civil issue.
Speaker 2 (07:49):
It is a crime.
Speaker 1 (07:50):
Although obviously someone who's been hurt by that has a
civil case.
Speaker 2 (07:55):
That's all you can go. I'd go in there and simply.
Speaker 1 (07:58):
Say kind of speak to a manager please, and just say, hey,
this is what happened.
Speaker 2 (08:02):
What can you guys do. That's the start of which.
Speaker 1 (08:06):
Do not mention the law. Do not mention violation. Do
not mention that they screwed you. Do not mention that
somehow they purposely did it. Just say hey, hey, we've
got a problem here, what can you do about it
to help me out?
Speaker 2 (08:25):
And then we take it from there, and then you
call me and then I yell you later on. Okay,
that's how to handle it.
Speaker 1 (08:32):
I saw you always try to go outside the law.
I mean, I've got an issue going on right now
with the batteries on my solar system and something's really
squirrely with them. And it's a long, complicated story, but
I'm going back to the original seller and going, hey,
I just need some help here, I really do, would
(08:53):
you please? And that's where you start. That's always where
you start.
Speaker 2 (08:58):
Now.
Speaker 1 (08:58):
If you happen to live in pain, I mean you're
in pain all the time, or maybe you know someone
who does. Let me suggest you listen to the Pain
Game podcasts because this is about people who have lived with,
who have dealt with, who have treated folks living in pain.
The host, Lindsey Soprano, who I know very well, deals
(09:18):
with chronic pain twenty four to seven and does it heroically.
And I see this every day. Every episode ends with
a message of hope. She's a real optimist and you
will quickly understand that every show is about giving pain purpose.
Speaker 2 (09:33):
Now I don't get it. To me. Pain is pain,
but this goes way beyond that.
Speaker 1 (09:38):
So listen to the show wherever you listen to podcasts,
it's The Pain Game Podcast, The Pain Game Podcast.
Speaker 4 (09:46):
Hello Matt, Hey, Hey Bill. All right, here's the background.
So I'm part of HOA. One of the members of
the HOA file a claim and insurance claim against their
insurance for an injury sustained by their twelve year old kid.
Twelve year old was playing in one of the retention
basins that we have after a storm and got sucked
into one of the drainage culverts and was injured. And
(10:10):
then is following a claim. So insurance assurances is basically
I think they're going to litigation. But the comedy of
errors with this is that our insurance was up and
we had to get a new insurance company to provide coverage,
and since there's an open claim, jacked up the insurance premiums.
And we've got all a special assessment of basically six
(10:31):
hundred bucks per per member of the HOA that they're
going to have to we're going to have for how long?
Speaker 2 (10:36):
How long is assessment going to go through?
Speaker 4 (10:39):
Yeah, it's going to be every year, is what the
Board of Directors is telling us. So six hundred dollars
every year and then.
Speaker 1 (10:44):
Okay until I'm assuming, until the litigation is over, until
the decision is made.
Speaker 2 (10:49):
Okay, that's right.
Speaker 4 (10:50):
So and just a little bit more backstory twelve year old.
The parents were not at home, they're out of the
country when this injury was sustained. And also the city
does an annual review of these drainage basins or the
retention basins, and everything was up to code.
Speaker 2 (11:05):
Okay.
Speaker 4 (11:06):
My question to you is I'm planning on and once
I get that special assessment checking the mail here in
a couple of weeks, I was actually going to send
a demand letter to these parents to say, hey, pay
this fee for me or reimburse me before then having
to take them to small claims. But I want to
get your take on if that's a legitimate.
Speaker 1 (11:25):
Okay, small what are you going to do in small
claims court against them?
Speaker 2 (11:29):
It's no small money.
Speaker 1 (11:31):
That's way, it's way beyond a small claim court ability
to deal with this ain't gonna happen in small claims court. Uh,
because the case is wide open right now. It's wide open,
so there's been no judicial determination, So that doesn't help you.
Speaker 2 (11:50):
That's one of your defenses.
Speaker 1 (11:53):
And what ends up happening after the case is over
then you go against the parents for the money that
the HOA has lost, saying it's your fault.
Speaker 2 (12:04):
We won this case. Clearly, it's your fault.
Speaker 1 (12:07):
We want our money back that it cost us to
litigate and our money back, I would argue, is the
jacked up insurance costs and that's where it sits.
Speaker 2 (12:18):
So it's way premature at this point. How badly was
the kid banned?
Speaker 5 (12:21):
Up? Pretty bad?
Speaker 4 (12:23):
There were pictures posted on one of the social media comes.
Speaker 1 (12:26):
Okay, hey he's so, let me ask me he's the
kid is twelve years old?
Speaker 5 (12:30):
Right correct?
Speaker 2 (12:32):
Okay?
Speaker 1 (12:33):
And there was no one at home, the parents were
on vacation. Who was taking care of the twelve year.
Speaker 4 (12:37):
Old based on the social media post. I'm thinking as
older brother.
Speaker 6 (12:42):
That's okay.
Speaker 2 (12:43):
And how old is the older brother?
Speaker 4 (12:45):
I think eighteen? I think yeah, I think.
Speaker 1 (12:47):
That's you know what, that's enough because you have somewhat
of majority taking care of the kids, so you're not
going to be able to say unsupervised, the kid is unsupervised,
there was some kind of child in neglects go there.
Now is just a question of how negligent was the kid, right,
you know, if the kid, if the court, yeah, if
(13:09):
the kid, if the court determines that the kid is
negligent to whatever extent. And in California we have something
called comparative negligence, which means, let's say there were one
hundred percent damages. Let's say one hundred thousand dollars worth
of damages, that's medical bills of pain and suffering, et cetera.
If the kid is ninety percent at fault, the HOI
(13:30):
is responsible for ten.
Speaker 2 (13:31):
Thousand dollars of it. And that's so that's what's going
to happen.
Speaker 1 (13:35):
In the meantime, your insurance company is defending they clear
Obviously the claim is astronomical because insurance companies if it's reasonable,
settle up, and or they're saying we are that's you
when we use the word we are insured.
Speaker 2 (13:50):
Is not responsible at all.
Speaker 1 (13:53):
That the HOA did everything reasonable under the circumstances, for example,
have a high enough fent. For example, have a big
honkin sign that says this is dangerous, don't go over.
Speaker 2 (14:05):
We've got a culvert down here. Any number of things
that you could have or should have or would have done.
Speaker 1 (14:14):
The more difficult you make it for someone to commit that,
commit that in destruction, or violate what is reasonable under
the circumstances. There's also something called attractive attractive nuisance in
which there was a situation where a twelve year old
kid would want to do that because twelve year old
(14:35):
kids love to climb on stuff.
Speaker 2 (14:39):
And one of the argument is going to be that's
what happened.
Speaker 1 (14:42):
So it's a little complicated, but the bottom line is
based on what you said, assuming that you did everything reasonable,
and you're going to argue code.
Speaker 2 (14:49):
We've met all code.
Speaker 1 (14:50):
You know what your insurance company handles it, and believe me,
you're gonna go. There's gonna be a trial, and based
on what you said, that kid's lawyer is not going
to be happy at the end of it. All right, thanks,
all right, there it is, that's all of that, hey, Paul.
Speaker 4 (15:11):
Welcome, Yeah, all right.
Speaker 7 (15:13):
Hey.
Speaker 5 (15:14):
I had a trial and I won in a court
and the.
Speaker 4 (15:19):
Uh so, the judge.
Speaker 5 (15:22):
Wanted to seize the assets of the of the defendant,
so he made an order for the sheriff to seize
the assets. So the sheriff did this. And in this
case it happened to be a boat, large boat, seventy
foot yacht. So the sheriff sees that after they're supposed
to sell sell it and all posteds are supposed to
go to me. Well, the sheriffs had the boat for
(15:44):
a year and a half or better and can't give
me a rule. Yeah, they haven't. They haven't done anything.
You know, what do I do?
Speaker 2 (15:52):
Well, at this point, you can do a couple of things.
Go back to the court.
Speaker 1 (15:57):
And I actually have the sheriff to apartment be held
in contempt for not following a court order.
Speaker 2 (16:04):
Also, you know, getting practical.
Speaker 1 (16:05):
I mean, if you don't want to go to court,
I'd call a county supervisor's office and just say, hey,
what the hell's going on?
Speaker 2 (16:10):
You guys control the sheriff. And here I am.
Speaker 1 (16:13):
A constituent, I vote, I'm a citizen, and you are
letting the county sheriff's department not do anything when I
have a court order. That's where I'd first go is
see what a county supervisor, the county supervisor's office does,
because every one of those county offices, every congressional office
has a liaison to the constituent. You know, they take
(16:35):
complaints and they say, okay, we'll do what we can do.
Speaker 2 (16:39):
So that's where i'd go. Try that, all right, all right,
see what happens on that one. Let me tell you
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as an office suites or hotel suites NetSuite dot com
slash handle.
Speaker 2 (18:13):
Karen Hello, Karen Hello.
Speaker 8 (18:21):
Three acres of land. I have a fence around the
entire property, and then I have a fence around the house.
I was gone one day and four dogs got into
my yard and beat up my dog.
Speaker 1 (18:42):
I had beat them up like pizzically took their paws
and started, uh, just beating them up, not like boxers.
Speaker 2 (18:51):
I just thought of that, were they boxers? Damn? That's funny.
I didn't even I didn't even try for that one.
Speaker 1 (18:57):
All right, So they they attacked your dog, yes, okay,
how what happened to your dog?
Speaker 2 (19:04):
How much? How much?
Speaker 8 (19:08):
Thousand dollars?
Speaker 2 (19:09):
One thousand bucks?
Speaker 5 (19:10):
All right?
Speaker 9 (19:12):
And so what do I do?
Speaker 1 (19:14):
I as, Yeah, you assume a small claims court for one
thousand dollars.
Speaker 2 (19:18):
That's what you do.
Speaker 1 (19:20):
Yeah, yeah, I also have let me throw something at you.
Speaker 2 (19:25):
You ever heard of poison meat?
Speaker 5 (19:29):
Yes?
Speaker 2 (19:30):
Yeah, okay, just wanted to say that, you know, just
you know, you want to look at that.
Speaker 1 (19:34):
Possibly, okay, but yes you have. You have a case
against the owner of the other dogs that beat your
dog up for a thousand bucks. You kind of lucky.
It was only a thousand dollars I had. I had
a shelter dog that was in my backyard. It was
a coyote attacked this little guy, actually a little girl.
Speaker 2 (19:58):
It was oh yeah, it was horrific.
Speaker 1 (20:00):
Surgery six thousand dollars, and then there was an infection
that set in, and they wanted to do another surgery,
and I said how much for all of it?
Speaker 2 (20:10):
And they said it'll be another twelve thousand dollars. And
then I.
Speaker 1 (20:13):
Said tell you what, if my kids needed twelve thousand
dollars out of my pocket to help them survive, that
wouldn't be happening. So she was in a lot of
pain and we put her down and it was pretty horrific.
Now I moved into a new place and I have
and I live up in the hills, and I have
a coyote fence around my yard and it's thirty feet
(20:38):
high and it's electrified. And if you want to see
a coyote that is fried, then you come to my house.
But anyway, yeah, you'll get your you'll get.
Speaker 2 (20:47):
Your thousand dollars. That's an easy, peasy one. Johnny, Hello, Johnny,
hell yo, Johnny.
Speaker 7 (20:57):
Yes, yeah, you're a brilliant.
Speaker 2 (21:00):
Yes I am.
Speaker 1 (21:01):
By the way, are you on a are you what
are you doing on? What device are you on? Are
you on a speaker? Or are you in Bluetooth? What's
going on?
Speaker 2 (21:09):
Okay?
Speaker 10 (21:09):
Okay, this is what's going on?
Speaker 2 (21:11):
Okay better, So I'm okay better.
Speaker 11 (21:13):
Yeah.
Speaker 10 (21:14):
So I do a lot of sales and I sell
cars on the side. And what I wanted to find
out is when you give them a bill of sale,
can you just say, yeah, this is as is sold
as is, and that should have been covering me from
them coming back and saying, oh yeah, I don't like
(21:34):
the cut.
Speaker 1 (21:35):
Yeah, absolutely absolutely, you sell this car is just exactly
what you says, as is and you I am not
responsible for anything that may be wrong with it, not
is wrong with it, that may be wrong with it.
In some language saying it is your responsibility uh to
(21:55):
uh get it looked at, I mean whatever, any kind
of language like that.
Speaker 2 (21:59):
But as is is the magical phrase. Yep. Yeah, And
they're gonna sue you anyway. You know that, Johnny, you
sell them a car. How much do these cars go for?
Let me ask that. How much you sell those cars for?
Speaker 11 (22:09):
Yeah?
Speaker 4 (22:09):
They go for like five grand?
Speaker 1 (22:11):
Okay, So with that, you gotta get hit in small
claims court all the time because cars go south. The
five thousand dollars car is pretty old and very few
five thousand dollars cars don't have issues with them, And
you're gonna get sued in small claims court because that's
what they do. The buyer is going to lose in
(22:32):
small claims court. You are going to then then what's
going to happen is the buyer has a right to appeal,
and so the appeal will be filed, which means you
get to go back to small claims court.
Speaker 2 (22:46):
And in the end, whatever.
Speaker 1 (22:47):
It costs you, you get attorney's fees if there are any,
you get all costs, is what you do.
Speaker 2 (22:53):
And I would argue all.
Speaker 1 (22:55):
Costs, including losing work, although the courts generally don't give
you that. But that's what's going to happen to your
To start the question that to start the segment, you said,
do I just put as is, Yes, you.
Speaker 10 (23:06):
Do, right, and that's a great answer. And then don't
we have to have five days when you do a
sale of a car?
Speaker 1 (23:13):
No, no, that's a consumer sale. No that's different, that's different. No, Nope,
you sold the car. It happens immediately. I mean, for example,
you buy a new car off a lot, they register
the lot, and you drive off and you get into
this horrific car accident.
Speaker 2 (23:29):
You've gotten in a car accident with.
Speaker 1 (23:30):
A used car, because as soon as it's registered, it's used.
So how can you do it's actually a three day notice,
a consumer three day notice, Hey Gary, welcome.
Speaker 11 (23:47):
Hey bill.
Speaker 7 (23:49):
Ahead, A bill for from the lawyer from my friend
who did a work on a truck selling house, you know,
where they pay cash and then they fix it up
and then they sell it. You get part of the money.
But this lawyer has billed twenty three hundred dollars once,
(24:09):
and now there's another bill for forty five hundred dollars
which this lawyer, my friend saw, the lawyer wants and
the lawyer thomas she would do things and she never did. Okay,
my friend is not liking this bill.
Speaker 2 (24:25):
All right, So of course you and I can bill
his contention as the lawyer did nothing.
Speaker 7 (24:29):
Right pretty much.
Speaker 2 (24:31):
Okay, So there's an easy one.
Speaker 1 (24:33):
Let me tell you what you do legally and under
the law. You say no, you say no, thank you.
You want to assume me, go ahead and sue me. Now,
how do you prove that the lawyer did nothing? Or
the lawyer has to prove that the lawyer.
Speaker 2 (24:48):
Did some work.
Speaker 1 (24:49):
So the lawyer's going to say, was there paperwork involved?
Were documents provided to the lawyer?
Speaker 2 (24:58):
I think saud Okay, So now here's what the lawyer said.
I had to go through the documents.
Speaker 1 (25:04):
Now, a simple transaction like this, this was a piece
of property, is that correct?
Speaker 5 (25:11):
Correct?
Speaker 1 (25:12):
That?
Speaker 7 (25:13):
Where you pay these people? The lawyer is connected to
this real estate club.
Speaker 1 (25:18):
Okay, I mean all right that that makes it even
worse for the lawyer. But was there a signed retainer
that your friend had with the lawyer?
Speaker 7 (25:26):
I don't think so.
Speaker 2 (25:27):
Well the lawyer, Well, you have to have a sign
retainer with a lawyer. Okay, Well, then that's what happens.
And if there's no sound, if there's no sign retainer,
the lawyer's got some issues. Okay, So just say no
at this point, just have him say no, thank you.
Speaker 1 (25:43):
If you want to go to court, then I'll be
more happy to argue that you didn't do all the
work that you did, and you have to prove you did.
And you know what, can I tell you now? The
lawyer will manufacture some hours.
Speaker 2 (25:55):
But you know how much? How much does the lawyer charge?
Speaker 6 (26:01):
Hell?
Speaker 2 (26:02):
Yeah?
Speaker 7 (26:06):
Me four?
Speaker 2 (26:09):
Okay? Was that put in writing?
Speaker 7 (26:12):
Well, I've got the bill here now, I don't care
about the bill.
Speaker 2 (26:15):
Was it put in writing that that's what he charges?
Speaker 7 (26:19):
I think?
Speaker 5 (26:20):
So?
Speaker 1 (26:20):
I think then there's a Then there's a retainer agreement
that your buddy signed.
Speaker 2 (26:25):
Okay, yeah, you're making it. You're conflating everything here.
Speaker 1 (26:29):
There's a retainer agreement the lawyer charges four hundred and seventy.
Speaker 2 (26:34):
Five dollars an hour.
Speaker 1 (26:36):
You say that's your buddy says, you only did one
hour of work or you can't have done more than that.
The lawyer says, no, I did all of this work.
Lawyer has to prove it. In other words, but here's
what the lawyer does to prove it. He simply writes down,
looking at the looking at the documents, verifying the value
(26:57):
of the house. I mean, just goes on and on
and on of crap they do. But the bottom line
is can the lawyer charge of course?
Speaker 2 (27:05):
Is it crap?
Speaker 1 (27:06):
Probably? And your buddy just says no. I mean, there's
not much more to that.
Speaker 9 (27:10):
Yo, Linda, Yo, Hi, Hey, thank you. I live in
a beach bluff home in a coastal Commission area.
Speaker 2 (27:20):
Mm hmm.
Speaker 9 (27:21):
So it's a delicate situation. I have an extra neighbor
that had a house that was a nuisance and the
city took it over and they hired a receivership in
the state to come in and clean it up, fix
it up. However, what's been happening is they have done
some things. I feel like I'm bullied. My lines are wrong.
Speaker 2 (27:47):
Sorry, your lines are what hold on what your lines are?
What wrung? I don't know what that means?
Speaker 11 (27:54):
All right?
Speaker 9 (27:55):
God it takes up and the lines were wrong, and
I do have an easement drive away with his neighbor.
I'm sorry there's all these details. But anyway, the receivership
one day just started grading and coming into my easement.
Speaker 2 (28:14):
Okay.
Speaker 1 (28:14):
And you know, and you hold on a second. You
know they came on to your property to do that.
Speaker 2 (28:19):
Is that correct?
Speaker 5 (28:20):
Yes?
Speaker 9 (28:21):
Yes, the city a journey came out and admitted it.
Speaker 2 (28:24):
Okay, all right, well I'm they're going to deny. They
came out and admitted it.
Speaker 1 (28:27):
But all right, so let me stop you right there,
real estate attorney, right now, because you are fighting against
the city. What they are doing is illegal. They're not
allowed to do that. They can't come onto your property
and start grading your property. Ignore the property lines and
(28:49):
certainly ignore what you know. The property lines are determined
very early line the very early days. You know, when
the property is a zone. Yeah, it's all there on
the record. You've got you've got some damages there, and
so you want to definitely go ahead.
Speaker 9 (29:08):
The monument was even taken out, okay, so they.
Speaker 2 (29:11):
Can figure that out. I mean, you know, the surveyor
comes back and figures all that out.
Speaker 1 (29:15):
So yeah, it's just it's absolutely time to get to
get a real estate attorney.
Speaker 2 (29:22):
And I have a problem with my icon. Okay, there
you go. That makes a lot of sense. Jesse, Hi, Jesse,
welcome to handle on the law.
Speaker 11 (29:32):
Hey Bill, hey man, I'm thinking about getting one of
those dash cameras from my car. I was just wondering
if I get an accident and it happens to be
my fault, am I compelled to show that to the authorities.
Speaker 2 (29:46):
Or Yeah, not so much the authorities.
Speaker 1 (29:49):
But if you get an accident and you are sued,
they can subpoena whoever sues you can subpoena that as evidence,
and it does not help you at.
Speaker 2 (29:59):
All if it's your fault.
Speaker 1 (30:01):
On the other hand, if it's not your fault, it
can help you if you get an accident that you
are suing for damages or whatever, or you are tagged
by the police for doing something wrong and you can
prove it with your dash cam camera.
Speaker 2 (30:17):
Yeah.
Speaker 1 (30:17):
All it does is establish the truth, and it basically
expands the truth.
Speaker 2 (30:24):
It can help or it can hurt. That's all.
Speaker 11 (30:27):
Well, I have a good weekend.
Speaker 2 (30:29):
Yeah, all right.
Speaker 1 (30:31):
It's actually a pretty decent question, you know, I mean,
what do you do with dash dash dash cams?
Speaker 2 (30:38):
And then virtually every car now.
Speaker 1 (30:39):
Has a black box, which gets really interesting, especially the
newer cars, the electric cars. From what I understand, they
have a black box, that's my understanding, which means they
record how fast the car is going. So you claim
that the other side was doing eighty miles an hour
down the street, don't know. I was, no, no, and
I was doing the speed limit when I smashed into
your car, and you go no, there's the evidence right there.
Speaker 2 (31:06):
Nicole, Hi, Nicole, welcome. What can I do for you?
Speaker 12 (31:10):
Good morning, Bill, Thank you for shaking my Now. Yes,
I'm calling because we were in a rental property for
over a year, which turned into a month to month lease,
and we received notification to vacate the premises in ninety days.
We went ahead and started looking immediately. We've got three
teenage boys and needed to get settled, and so we
(31:32):
found a place and we went ahead and let him
know nineteen days before we moved out, we're going to
give him the keys that we were moving out. He
is now stating that we needed to give him a
thirty day notice, which I do not believe.
Speaker 2 (31:46):
Yeah, no, that is right. You have to give him
a thirty day notice.
Speaker 1 (31:50):
Yeah, you have to, but negotiate with him, say, hey,
you know it took a while. Can we negotiate. Can
I pay you some of the money. But yeah, there
has to be a thirty day notice.
Speaker 2 (31:59):
And even though you're on a month.
Speaker 1 (32:00):
To month, that's you just can't up and pack away
nineteen days. How about nine days notice? I mean, yeah,
why not.
Speaker 2 (32:09):
I'm leaving tomorrow morning. So yeah, there's a thirty day notice.
Is definitely the laws.
Speaker 1 (32:15):
So yeah, you're screwed for you know, eleven days basically
if it's a thirty day month.
Speaker 6 (32:23):
Mike, Hello, Mike, Hi Bill, thanks for taking my call.
Sure I have a problem. I have a flooding question.
A neighbor moved in next door. We live on a
canyon and his property is downhill of ours. Now, I've
(32:43):
lived here almost fifty years, and every time it rains,
the water flows from east to west. It flows from
my neighbor's property onto me, and then from me it
flows over to this property in question, the guy put
up a non permitted block wall concrete wall, and I
(33:08):
was afraid of this. I talked to him about it.
He ignored it. And now with the first heavy rain
which we had last what was it Thursday night, the
water was up to my knees along the wall. It
backed up and actually came into the house.
Speaker 2 (33:27):
Oh okay, so you had some pretty serious damage there.
Speaker 6 (33:31):
Well, I don't have serious damage because it kind of
it came in just a little bit about six inches
eight inches in a low lying area, which was a portion.
Speaker 1 (33:43):
Oh so it didn't go into your home. It came
into your onto your property kind of No.
Speaker 6 (33:48):
No, no, it's all of my property.
Speaker 2 (33:51):
No, I understand.
Speaker 1 (33:51):
But you said you said it came into your home.
Maybe I misunderstood.
Speaker 6 (33:55):
Yeah, yeah it did. It came under the door and
into the house.
Speaker 1 (34:00):
Okay, And there's no problem and there's no property damage
with water coming in three inches six.
Speaker 6 (34:04):
Inches day, I don't think so, because it's you know,
to dry it off.
Speaker 1 (34:09):
Well you may know, Okay, you want to find out
because there may be the beginning of mold and all
kinds of things.
Speaker 2 (34:15):
So what is your question?
Speaker 6 (34:18):
Okay, my question is he has impeded the now exactly
what is your question?
Speaker 2 (34:24):
You're absolutely right, he has impeded. So what is your question.
Speaker 6 (34:26):
I have called the city, and yes, they.
Speaker 2 (34:30):
Don't do anything about it.
Speaker 1 (34:31):
I understand you've got to really push, push hard with
the city. And if not and he is in violating,
you can't force the city to do anything.
Speaker 2 (34:38):
They just can't.
Speaker 1 (34:39):
But if he's in violation of a building code, he's
in violation of.
Speaker 2 (34:44):
Some ordinance, you sue him. Well, they have to go
to court. Go ahead. Let me tell you.
Speaker 6 (34:51):
I've already reported him to the city for separate issue.
Speaker 2 (34:54):
He moved in here.
Speaker 6 (34:56):
This is an agricultural residential area. He moved in here
and broad in stucco equipment which he's not supposed to
store here. They've already cited him for that.
Speaker 1 (35:06):
All right, that's all you can do. I mean, they're
going to be really slow of citing him. And you
just have to have any damage that he does to
your property you nail him for and you can have
a court order forcing him to do that.
Speaker 2 (35:20):
And so he's now got.
Speaker 1 (35:21):
Two issues, a citation from the city and he would
have a court order. I mean, that's that's all you
can do. This is a horrible situation with the city
and neighbors and.
Speaker 2 (35:31):
All of that all right.
Speaker 1 (35:32):
Before we end the program, I want to tell you
about Zelman's Zelman's Minty Mouth Mints with I've been telling
you about four months and months, and I want to
give you my heads up. Let me tell you when
These are my friends that started this company, and I've
been known him for thirty years ago, and so when
they started Zelman's, you know what I did.
Speaker 2 (35:52):
I bought into it.
Speaker 1 (35:53):
That's how much I believe in Zelman's minty mouth mints.
They are that good and clinically test sit.
Speaker 2 (36:00):
Against the toughest.
Speaker 1 (36:01):
Offenders, even garlic and onions, which I eat lots of.
And it's all about bad breath, and it's all about
having your mouth, your breath just feel fresh and clean.
Speaker 2 (36:12):
And here's the way it works. These are little capsules.
Speaker 1 (36:14):
You pop two or three in your mouth, you suck
on the minty coding, and then when that's gone, you
swallow the capsule or bite into it, and then it
goes down in your gut for fresh, clean breath.
Speaker 2 (36:25):
That lasts four hours. That's what Zelmans does, and no
other mint does that. Clearly. I use them all the time,
of course, and.
Speaker 1 (36:33):
Obviously love them because I obviously loves them, so if
you order a three pack until the end of the month.
You order a three pack, you'll get an automatic fifteen
percent off. Automatically you get fifteen percent off. You don't
put any code or anything, so go to Zelmans dot
com slash kfi z E l M I n S
(36:54):
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