Episode Transcript
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Speaker 1 (00:01):
You're listening to Bill Handle on Demand from kf I
AM six forty.
Speaker 2 (00:08):
This is as Handle on the Law marginal legal advice,
where I tell you have absolutely no case. If you're
injured and need a lawyer, go to handle on the
law dot Com. And if you're a lawyer and want
to join our team because people desperately need your help,
go to handle on the Law dot com and click
on the join today tab at the top of the page.
Speaker 1 (00:28):
The followings up pre recorded.
Speaker 2 (00:29):
Program the ongoing story of the killing, the assassination of
the United Healthcare CEO Brian Thompson.
Speaker 1 (00:40):
And as we.
Speaker 2 (00:41):
Know, Luigi Mangioni was arrested and has been charged with murder.
Speaker 1 (00:47):
And I don't know why.
Speaker 2 (00:48):
This happens in New York so many times it was
son of Sam and a bunch of other killers. Also
going way back in history, Saco and Vinzetti, I think.
Speaker 1 (00:57):
We're in New York.
Speaker 2 (00:58):
Leopold and Loeb also Knew York. Interesting historical little drops
of little tidbits of history. You can look those guys up.
But it seems that New York City is a place
where it all happens. In any case, MANGEONI is arrested
for shooting Brian Thompson in the back of the head
and after lying in wait and assassinates him. All right,
(01:22):
So now he goes into prison and he is by
law allowed to talk to his attorney as often as
he wants to. So what happens, Well, there is a
website set up on his defense by his defense, and
he is thanking people who have written to him as
(01:45):
he is jailed in a New York City detention facilities.
Probably rikers, I'm just guessing here. And this is how
crazy it has gotten. Women throw themselves at these guys,
knowing the heinous crimes they are committed, they have committed,
(02:05):
have already either been convicted, guilty to, or even being
accused of. Women love these guys. Well, I really like
the bad boys. I mean the kind that shoot people
in the back of the head after lying in wait. Yeah,
those kind of bad boys. And so hundreds of missives
of proposals of marriage. I'm surprised he hasn't published those.
(02:29):
I once interviewed the wife of the nightstalker who started
writing to him in prison, and he chose her out
of the dozens who proposed marriage, and they got married.
They got married in prison, and I asked her, how
could you marry such a guy, because he's a wonderful
(02:49):
human being.
Speaker 1 (02:51):
He killed all of these women, know he didn't.
Speaker 2 (02:55):
He's a nice, nice guy. He's innocent. Now did she
ever meet him? No? How did they get married? They
got married behind a plexiglass shield between them. They never
touched each other. But he's such a nice guy, Ted
Bundy remember him. I don't know how many women threw
themselves at him. Good looking guy, complete sociopath. All right,
(03:22):
let's take some phone calls. Kelly, Hello, Kelly, welcome.
Speaker 1 (03:29):
Hello, Yes, ma'am.
Speaker 3 (03:33):
Question, So I went on SMLA for work, and what's
the FM job PAYD family?
Speaker 1 (03:42):
Oh okay, you went on PAYD family? Okay, got it?
Speaker 3 (03:46):
Uh huh okay. So my job was still taking paying
into my benefits and they weren't paying me. So I
was in receiving payment from EDD and they said that want.
Speaker 4 (03:58):
Me to pay back like twenty seven hundred dollars that
they were paying when I was on the leave. And
I'm trying to see if there's any legal recourse or
in Okay.
Speaker 1 (04:05):
Hold on, hold on.
Speaker 2 (04:06):
So you go on paid family leave, you're not being
paid by your employer. Correct, No, okay, you just went
on paid family leave. Usually the employer pays for that.
So I'm a little concerned. Not concerned, I'm a little
curious as to who paid you the benefits.
Speaker 4 (04:27):
Well, I think the benefits come through like ed D.
Speaker 2 (04:32):
Okay if and I don't know if they do or not.
And now they want the money back from ed D.
Speaker 4 (04:37):
From you, Yeah, for the benefits that they said they
were still paying into my employee benefits.
Speaker 5 (04:44):
Okay, that's after you.
Speaker 1 (04:45):
Okay, that's after you.
Speaker 2 (04:46):
Okay, that's after you went to back to work. They
kept on paying, is that correct?
Speaker 4 (04:51):
Yes, No, they were paying while I was off on.
Speaker 1 (04:54):
Leave, yeah, going to work.
Speaker 2 (04:56):
Okay, they still were They still paying after came back
to work.
Speaker 1 (05:01):
Did you still get benefits?
Speaker 6 (05:02):
Yeah?
Speaker 2 (05:03):
Okay, that that's not your money. Of course they're.
Speaker 1 (05:07):
Entitled to get it back. Oh yeah.
Speaker 2 (05:11):
You know what if they make a mistake, they're allowed
to make a mistake, you know what I mean. Let
me ask you this, what if they by accident? How
much did you get on family leave?
Speaker 3 (05:23):
What was.
Speaker 1 (05:25):
Okay, what sixty five percent of your pay?
Speaker 4 (05:29):
Yeah?
Speaker 2 (05:30):
Okay, so let's say hypothetically, Well, I'm just throwing numbers out.
So hypothetically, let's say you make one thousand dollars a month, okay,
which of course you don't. That means six hundred and
fifty dollars a month you're getting under the paid family leave.
What if they make a mistake and it turns out
to be sixty five thousand dollars because they missed a
(05:51):
couple of decimals, Do you keep it?
Speaker 4 (05:54):
No, I would give it back because I would know
I would have to be responsible for paying that back
to them.
Speaker 2 (06:00):
So why would you not be responsible when they keep
on paying you.
Speaker 1 (06:07):
That you don't deserve. You don't deserve the money.
Speaker 3 (06:12):
I guess you're right because I didn't know the law.
Speaker 2 (06:16):
You know, I am right, and they can't ask for
money back, and they do. And when you go on
paid family leave for example, or unemployment and you now
start working, it is your obligation to tell them, Hey,
I am I've gotten money, and how do I return it?
Speaker 1 (06:36):
Otherwise I mean, yeah, you're already caught.
Speaker 2 (06:39):
I mean sometimes you just shut up and at the
end of the year they miss an audit or whatever.
But yeah, if they've asked for the money back, you
absolutely pay for it. Carlos. Welcome to handle on the law.
Speaker 5 (06:54):
Good morning, sir.
Speaker 1 (06:55):
How are you, Yes, sir? What can I do for you?
Speaker 7 (06:58):
Just kind a question. I had a car accident and
two years ago I had a lawyer in the settlement.
Was they basically settled the process? Now I was telling
the person was the lady that after the phone earlier,
that the police officer that showed up to the accident
(07:22):
basically reported an incident before, not an accident report.
Speaker 2 (07:25):
Okay, So let me ask you. You said you already
settled the case.
Speaker 7 (07:30):
Well, yeah, they did settle, But I'm trying to go
against the police department because they the police. Because the
police officer filed a wrong a wrong paperwork.
Speaker 1 (07:40):
What do you mean why why can't he call it
an incident.
Speaker 7 (07:44):
Because there's no there's no information of the other driver.
Speaker 6 (07:48):
The other driver fled on.
Speaker 2 (07:49):
Okay, So if he called it an accident, would he
get information on the other driver.
Speaker 7 (07:55):
Well that's the difference, right an accident reports as if there's.
Speaker 2 (07:59):
A no no, no, no, no, no, it's an incident,
and they don't go after drivers. Usually it's a hit
and run, they don't go after it. And you got
your money, By the way, Carlos, What difference does it make?
Why do you want to go after the police department?
What would you how much would you gain after you
settle the case? If the police report read accident instead
(08:22):
of incident, how would you be ahead of the game?
Speaker 8 (08:26):
Uh?
Speaker 7 (08:27):
Well, I mean that's what I'm trying to figure out.
Speaker 1 (08:29):
How would you be ahead of the game?
Speaker 2 (08:31):
Just you know, answer the question. Do you think you
would be ahead of the game. Do you think you
would have gotten more money? Do you think no? No,
you think you would have gotten more if the cop
says incident instead of an accident, the guy fled, it
was a hit and run.
Speaker 1 (08:46):
You got your money, all right?
Speaker 7 (08:50):
Thank you sir?
Speaker 1 (08:51):
All right, you got it all right. Carlos is a genius.
Speaker 2 (08:54):
He he's on his way to his Mensa meeting when
he stopped buying and made the phone call.
Speaker 1 (08:59):
X Terry, Hi, Terry, seek right Terry.
Speaker 5 (09:07):
This is Terry.
Speaker 2 (09:08):
This is not working this phone call either on a speaker,
someone else's talking to you. What's going on, Terry? I
can't I can't even hear you. Are you on a speaker?
Speaker 1 (09:29):
Okay?
Speaker 2 (09:29):
Great phone call, Terry, one of my best. This is
handle on the law. This is handle on the law
marginal legal ad ad vice.
Speaker 8 (09:42):
Uh?
Speaker 1 (09:44):
Is that missed din or messin last? Okay? What can
I do for you?
Speaker 9 (09:53):
All right?
Speaker 1 (09:53):
Where's that from?
Speaker 2 (09:54):
This?
Speaker 1 (09:54):
I'm kind of you know, where's that name come from?
Speaker 10 (09:57):
I'm my to other Jamaican.
Speaker 1 (10:00):
Oh, Jamaican. Okay, that's a great name, Messing. I haven't
heard it before.
Speaker 5 (10:04):
All right.
Speaker 2 (10:05):
I'm assuming you smoke a lot of pot, right, you
smoke a lot of pot.
Speaker 10 (10:11):
On the opposite, I've never smoked pot.
Speaker 2 (10:14):
You're Jamaican and you never smoke pot. There's something seriously
wrong with you.
Speaker 1 (10:20):
Grew up around seriously.
Speaker 10 (10:23):
Believe I grew up around it. Okay, I really just believe.
I don't do it.
Speaker 1 (10:28):
Okay, fair enough, all right, what can I do for you? Messing?
All right? So real quick?
Speaker 10 (10:33):
Uh, I'm Caribbean, so that's a good thing I have
on my teeth. Did a little feeling, however, I require
every three months to get my teeth clean. Went to
one place, went to several of different Dennis and get
my regular cleaning. However, there was one tooth in particular
that was a little problematic. Went to one Dennis and
(10:56):
they kind of did some stuff with it. They did
they tried to do a feeling on it, left a
hole in it, went to another thenist for a second
opinion on it. He did my cleaning, regular cleaning, and
the cars consultation which I went in for a consultation
and what procedure was going to be done. I requested
(11:16):
that he do. We discussed that he's going to do
a crown on a particular too, with a possibility of extraction. However,
I went in for the crown. He did the extraction
while under local anesthetic. He decided to change a procedure
and not only did he remove a root canal crown
(11:37):
that I had, but also weakened the tooth that was
around the extraction and put a bridge. So now I'm
having difficulty eating, I'm having pain, and and now I
while under local he changed the proceedures. Had me signed
(11:58):
right there?
Speaker 4 (11:59):
Do I have a case?
Speaker 2 (12:00):
Okay, well, here, hold on, here is you got a
couple of issues.
Speaker 1 (12:03):
Here.
Speaker 2 (12:04):
Issue number one. He's gonna say you signed it voluntarily.
You're going to say I did it under local anesthesia.
By the way, local anesthesia does not change your mindset.
It's not like general anesthesia or you have unless you're
arguing nitrous ox side is that what they call it
nitrous where you really get loopy and you're going to
argue that he's going to say, no, that didn't happen.
Speaker 1 (12:25):
So what that part I don't know about.
Speaker 2 (12:29):
Now, if you're second dentist or another dentist that you
go to says he shouldn't have removed the bridge, or
he shouldn't have removed the two put a crown, put
a bridge in there, you have trouble eating.
Speaker 1 (12:40):
That is a case.
Speaker 2 (12:42):
And the problem is is that enough of a case
to sue him as in superior court. Now, if you
sue him in in small claims court, which in California
is twelve thousand, five hundred bucks limit, and let's say
you sue for the twelve thousand, five hundred dollars, the
dentist's going to appear and say, hey, I did what
was reasonable under the circumstances. And you're gonna say no, no, no, no,
(13:04):
you're not a dentist.
Speaker 1 (13:05):
He is.
Speaker 2 (13:06):
So you've got a real issue there. What I would
do And if it continues on, don't listen to me.
Go contact a medical malpractice attorney who's done dental malpractice.
Speaker 1 (13:19):
It's the same kind.
Speaker 2 (13:20):
It's the same thing as someone a doctor screws up.
Doesn't matter if it's dental, medical or whatever. But someone
who's done dental malpractice who kind of knows what's going on.
You do a little bit of research and you call
and you say, hey, do I have anything here? And
you might, but there might not be enough money. That's
the problem. I would feel much better had he taken it.
I would feel better if he take every single tooth
(13:41):
out of your mouth, I would feel better in terms
of the case.
Speaker 10 (13:45):
Okay, how about the fact that I went in for
a consultation on the procedure that I wanted done.
Speaker 1 (13:50):
Well, but wait, wait, but you let him for that.
Wait a second.
Speaker 2 (13:54):
You just did a consultation and he threw you into
the chair, and against your will, he did a procedure.
Speaker 10 (14:00):
You all right, So I went in for a consultation
because I've had this problem with Dennis before once.
Speaker 1 (14:06):
No, I get it. So you went in for a consultation.
Speaker 2 (14:09):
Why if you're just going for consultation, why would you
let him do any procedure?
Speaker 1 (14:13):
Honor you if all you wanted was a consultation.
Speaker 10 (14:16):
So before the procedure, I went in for a visit
just for the consultation to end.
Speaker 2 (14:21):
Okay, so you went and okay, so you went for
the consultation and then you decided to go forward with
a crown correct, Yes, okay, I get it, all right,
we'll go.
Speaker 1 (14:31):
Around circles now, I get it. So forget about the consultation.
Speaker 2 (14:34):
You agreed to have a dental procedure, and you're saying
it was the wrong dental procedure, and you're saying you
didn't consent to it because you were on local anesthesia.
And here are my damages. I can't talk anymore. I've
got real kinds of dental issues. This is when you
talk to a doctor, or excuse me, you talk to
a lawyer who has done dental malpractice.
Speaker 1 (14:55):
You get to do the research.
Speaker 2 (14:56):
But it's easy dental man practice attorneys, you know, lawsuits, dentists, lawyers,
whatever you want.
Speaker 1 (15:03):
And then you just start talking.
Speaker 2 (15:05):
And my fear for you is there aren't enough damages
for a lawyer to take on this case because because
the insurance company of that doctor defends, now it could
be their willingness.
Speaker 1 (15:19):
I grievents.
Speaker 10 (15:21):
Okay, So what unfortunate thing with the Grievans right now
is they they did just as them on the grievents. Well,
I cannot have any more medical procedure.
Speaker 1 (15:31):
On Okay, I got it. So here's what you do.
That's part. That's part.
Speaker 2 (15:35):
That's part of the conversation you have with the Dento
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(15:56):
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Speaker 1 (17:16):
This is Handle on the Law.
Speaker 5 (17:19):
You're listening to Bill Handle on demand from KFI AM
six forty.
Speaker 2 (17:26):
This is Handle on the Law marginal legal advice where
I tell you you have absolutely no case.
Speaker 1 (17:34):
Napoleon, great name, Hi Napoleon.
Speaker 6 (17:37):
Yeah, go aheady. How's it going? Today is Saturday?
Speaker 10 (17:41):
To you?
Speaker 1 (17:42):
Go ahead?
Speaker 6 (17:42):
Thanks for being out here. I greatly appreciate you. Min
Lexury the radio show. Yeah, real brief.
Speaker 11 (17:50):
You had an advertisement about a half an hour ago,
maybe forty minutes now going into the broadcast, apartment landlord
tenant issue should be fairly pretty simple for you to
wrap up for me.
Speaker 6 (18:02):
In this case, let's see, moved.
Speaker 11 (18:05):
Into a property, a former property that I just moved
out of about about two weeks ago. Landlord tenant, private
dwelling couple. I was there for about nine months. Two
or three months later, they had a tenant move in
from Israel with a mother dog with no shots, no
rabies into the eastman of the home in a three
(18:29):
plus unit air house kind of set up like an Airbnb,
main common areas, you know, private private rooms. The mother
had nine letters in puppies in the home air ago.
Long story short, there was a yearine in fecal matter
throughout his hallway, the bathrooms, the common areas. I lost
(18:52):
my I had. I was in the process.
Speaker 6 (18:55):
Of going to school looking for jobs.
Speaker 11 (18:57):
Lost the probably about eight to ten hours, about eight
hours a day, seven days a week.
Speaker 6 (19:01):
Due to cleaning up the home. Because none of the
other tenants would want to clean up. She asked us
to take our shoes off of there. Okay, it was
pretty disgusting.
Speaker 1 (19:09):
So you owned the property? Do I have that right?
Speaker 6 (19:14):
I was renting inside the proper.
Speaker 2 (19:16):
You were renting and okay, so you decided you were
going to clean up.
Speaker 11 (19:22):
I decided I was going to clean up because it's
a health it's a healthy No, it is.
Speaker 1 (19:25):
It is a health issue. But why would he aide show?
Speaker 2 (19:28):
Were the other tenants prepared to live like to live
in that kind of uh uh filthy uh environment?
Speaker 6 (19:36):
Exactly? Who would have saw that coming? None of us?
Speaker 11 (19:38):
But but the but the issue is she she she
moved the gentleman in from Israel with no shot papers to.
Speaker 1 (19:45):
Yeah, shot paper doesn't matter.
Speaker 2 (19:48):
Yeah, you've got you know, I don't know where to
even go on that one, because you have a tennis.
Speaker 6 (19:54):
I was playing with the Orange County.
Speaker 1 (19:55):
Yeah. Did the tenant move out?
Speaker 6 (19:58):
The tenant moved out on his own.
Speaker 1 (20:00):
Okay, So now you've got a place. It's a filthy mess.
Speaker 2 (20:03):
And I would argue that the landlord would be responsible.
Did you ask the landlord, uh, the owner of the
property to clean it up?
Speaker 6 (20:13):
I did? I did, and they and.
Speaker 1 (20:14):
They and they said no, right.
Speaker 2 (20:18):
Wow, all right, Well here's the point is, you volunteered
to clean the place up.
Speaker 1 (20:25):
There's no contract there, there's no agreement there.
Speaker 2 (20:29):
You just decided, I mean, you could have moved and
I'm surprised that I'm gonna ask you what would have
happened if none of you cleaned it up? You were
all prepared to live like that.
Speaker 6 (20:38):
I guess that's a good question.
Speaker 1 (20:41):
Yeah, and you know, where are you going to.
Speaker 10 (20:44):
Go on that one?
Speaker 1 (20:45):
And who do you want to sue? Lord? No agreement?
Speaker 2 (20:48):
I moved out for making your life miserable? Where the
hell is he?
Speaker 1 (20:52):
And it's yeah, I don't know where to go on
that one.
Speaker 2 (20:55):
I don't think you have much. I don't know where
you're going to go. You're gonna step in dog crap,
is what you're going to do. Hi Ann welcome?
Speaker 12 (21:04):
Oh hi Bill? Yeah, quick question. I want to designate
beneficiaries for my retirement accounts and my savings accounts. Sure,
does this mean that that money is no longer available
for burial expenses and medical clawbacks?
Speaker 1 (21:24):
Oh, it's a good question.
Speaker 2 (21:26):
If they're the beneficiaries of the account, then they get
the account. Okay, that's easy, and that means that they
don't have to pay that So now that gets interesting. Yeah,
basically they get the money, here's the account. They just
(21:47):
have to prove you're dead and so you're sitting someplace
camped out.
Speaker 1 (21:51):
And there's no money there to pay for it.
Speaker 2 (21:55):
So you can set up an account where you have
a different account. The beneficiary becomes the or you just
you have no beneficiaries on that you just own the account.
Speaker 1 (22:09):
Or you make sure there's money left over.
Speaker 2 (22:12):
You don't just leave it to all just they become
all beneficiaries.
Speaker 12 (22:18):
Okay. So basically saying that that money is not subject
to medical clawback.
Speaker 2 (22:25):
Boy, I don't know if that's medical. I have no
idea on that one. She knows more about this than
I do. Boy, getting a lot of these these past
hours bill about that.
Speaker 1 (22:33):
I have no idea.
Speaker 2 (22:35):
I should you know what I should do is I
should ask these people this show should be listener on
the law that would be especially today it's a weird day.
Speaker 1 (22:47):
Hirena, Welcome, Hi, thank you.
Speaker 8 (22:51):
I'm a partner in a shopping center and for the
last two years we've been fighting the city because the
state is mandating housing no matter what happens to anybody
else around it. We're the shopping center behind where they're
putting in an infield project. And the thing that's happening
(23:15):
is that we had a parking study. We've been battling
this for two years and we had a parking study done.
We presented it to the city council, and the city council,
because they're mandated by the state, voted two to three,
two for it and three against it. I mean two
(23:37):
three were for the project. So the project went forward,
and now we're thinking of suing the city to see
if we can have the building and safety people to
look at the parking because it's not going to work.
Speaker 1 (23:52):
Well, here's the problem.
Speaker 2 (23:53):
You have state law that overrides any local ordinance. When
the state mandates that a city has to follow it,
it's a question of supremacy that state law superseded city law,
and then federal law supersedes state law, and that puts
you in an interesting position because under state law you
(24:17):
are under city law.
Speaker 1 (24:18):
You may not have enough parking.
Speaker 8 (24:23):
Our center won't have enough parking.
Speaker 1 (24:25):
No, they're not taking Maybe I'm misunderstood. They didn't take
any of your parking right.
Speaker 8 (24:31):
Well, they do because I Hoop is right next door
to us, and sometimes they park in our parking lot
and we practically we're usually one hundred percent full. People
don't move because the partners own the building and we
usually have just enough for us. We don't have any
extra parking.
Speaker 2 (24:51):
Okay, now you've got a complicated issue.
Speaker 1 (24:55):
Have you talked to a real estate lawyer?
Speaker 8 (25:00):
Yes, and they want to charge us a starting fee
of fifty thousand.
Speaker 1 (25:05):
Dollars because it's a yes, yeah, I can see that.
I think you have.
Speaker 8 (25:12):
We're not the only city fighting to give a couple
of other now that yeah.
Speaker 1 (25:18):
Things where you have to just a group of you
or the partners.
Speaker 2 (25:21):
Everybody has to find a lawyer in and it's expensive
because it's complicated, complicated law.
Speaker 1 (25:26):
So I don't even know where I would tell you
to go.
Speaker 2 (25:29):
I would be in the same position you are fifty
thousand dollars and it doesn't matter because okay, let's say
you have a ten thousand dollars retainer.
Speaker 1 (25:38):
You're going to blow through fifty thousand dollars anyway because
it's just that complicated.
Speaker 2 (25:42):
You're doing a city that is mandated to do something
by the state.
Speaker 1 (25:48):
Can you imagine that kind of litigation? This is handle
on the law, and welcome back to Handle on the Law.
Marginal Legal Advice. Herb, Hello, Herb, hi there.
Speaker 5 (26:04):
Oh yeah, I had a head of small business back
in twenty thirteen. And I was. It's worth about one
hundred thousand. That's what I sold it for. The guy
missed the last three payments on how this?
Speaker 1 (26:23):
What dates were the last three payments due?
Speaker 5 (26:29):
About two thousand?
Speaker 2 (26:31):
No?
Speaker 1 (26:31):
No, no, no, I don't know the money. What were the dates?
When was the last payment made?
Speaker 10 (26:37):
Oh?
Speaker 5 (26:38):
The last payment was made in two thy fourteen?
Speaker 12 (26:43):
Why?
Speaker 6 (26:44):
Okay?
Speaker 2 (26:44):
Great, So it's been ten years since the last payment
was made. You think you would have done something a
little earlier than this.
Speaker 5 (26:55):
You mean me do something?
Speaker 1 (26:56):
You do something?
Speaker 9 (26:57):
Yeah?
Speaker 1 (26:58):
He owes you what X dollars?
Speaker 2 (27:00):
He misses the last three payments and the last one,
so he stops paying you in twenty fourteen. Right, there's
something called the statute of limitations. You can't come back
ten years later.
Speaker 5 (27:14):
I don't want to go after him for the stuff.
He's out of business, he's not doing anything. I wanted
to resume the business.
Speaker 2 (27:22):
Well it's not yours, so you want to resume the business?
Speaker 1 (27:29):
Was there equipment? There?
Speaker 7 (27:31):
Was it?
Speaker 1 (27:31):
A distributorship? What kind of business was this?
Speaker 2 (27:33):
Herb?
Speaker 5 (27:35):
A little bit more of a I made appointment books,
so it's a little bit of a distributorship. And I
have several clients coming back to be saying, can you
make some of this because we can't get it anyway.
Speaker 1 (27:46):
Yeah, there is, of course you can, of course you can.
Speaker 5 (27:50):
I don't put my name on it. All of them
are blank. I put out.
Speaker 2 (27:54):
You can put your name on it. Herb you can
put your name on it. He's gone out of business.
He's given him many you know he's done. He's done.
You're fine.
Speaker 1 (28:01):
He's breached the contract just started up again.
Speaker 2 (28:05):
Got it.
Speaker 1 (28:05):
Yeah, it's just nothing happened.
Speaker 2 (28:07):
I mean you can't sue him, but he's not around
any longer.
Speaker 1 (28:15):
Hey, Ken, welcome to handle on the law morning bill.
Speaker 5 (28:19):
Yes, sir.
Speaker 9 (28:20):
Two weeks two weeks ago, my wife went to Knotsberry
Farm and parked across the street at a Chase Bank.
She was parked in a handicapped spot. She had her
handicapped placard displayed, and there's no restrictions on this parking
lot as as far as we're aware of. However, towing
company towed a bunch of cars from that parking lot
(28:41):
the same night, including my white's car. So they charged
her six hundred dollars to get it out of a tow.
And we want to know if we can go after
them for the six hundred dollars because they towed a
car where the handicap plattered on it.
Speaker 2 (28:52):
Yeah, but if you're not allowed to park there, you're
not allowed to park there. That's private property. And the
problem is do they have to tell you it's private property?
Speaker 1 (29:02):
I don't think so.
Speaker 2 (29:04):
I think that they generally do put signs up. But
I don't think you have the right to park in
someone's lot. It's almost like you're parking in someone's backyard
if they have a parking space.
Speaker 9 (29:20):
So no commercial is a commercial building though to space.
Speaker 2 (29:24):
I don't think it matters. I don't think it matters
the way I view it. You just can't park in
parking lots that are empty. Now there's a restaurant I
go to, which happens they have, strangely enough, a Chase Bank,
and the Chase Bank is about, I don't know, three
hundred four hundred yards from the restaurant, and after it
(29:46):
closes a bunch of people park there. But it is
private property, and everybody sort of knows, and even the
restaurant owner the staff of the restaurant say, hey, that
is private property.
Speaker 1 (29:57):
I want you to know. People have been towed.
Speaker 2 (30:00):
However, they haven't been because they don't enforce it for
a bunch of years. I think you're out of I
think you're out of luck. If I had to, I guess.
I don't even think i's much of a guess either.
Speaker 1 (30:12):
Caarra, Hello Kara, or Carra welcome. Hi.
Speaker 13 (30:15):
Yeah, So I have a question about long term healthcare insurance.
So my friend is in the stages of dementia. He
should be automatically qualified. The insurance somebody fought for like
a year and a half to not pay out at all.
They finally started paying out, but they're enforcing a monthly
(30:35):
cap on home care that doesn't exist in his contract
because they're enforcing that he was injured because he didn't
have a caregiver.
Speaker 3 (30:44):
At that time.
Speaker 1 (30:45):
How badly was he injured, Sagan, How badly was he injured?
Speaker 13 (30:51):
He fell and he practiced held us. It was pretty bad.
He was in rehab hospital for like a month.
Speaker 2 (30:55):
Okay, And you're the question is.
Speaker 13 (31:03):
Is the insurance company liable for a personal injury?
Speaker 2 (31:05):
Because it may be it may be that is a
personal injury matter. It's not a clean one in the
sense of here's a car accident. Here's someone at fault.
Here's a slip and fall. Here is an accident at
a Walmart or a Costco where something falls on your
head from a shelf.
Speaker 1 (31:25):
I mean those are clean.
Speaker 2 (31:27):
This one is a little more complicated, but it sounds
like there's a case there. So I'm gonna suggest you
guys call the lawyers on handle on the Law dot
com and they'll tell you.
Speaker 1 (31:36):
I mean, these guys are good. That's why I created
handle on the Law dot com.
Speaker 2 (31:40):
That's exactly the reason why, because this is a field
that I've always been interested in, and they know what
they're doing. So just go to the website and there's
a phone number and you just call the lawyer. It's
just say I was talking to Bill and he said
there may be something here.
Speaker 13 (31:55):
Okay, okay, Yeah, they're very well.
Speaker 1 (31:57):
Maybe that is an interesting one. Now.
Speaker 2 (32:00):
Bad breath absolutely no fun. No matter what you eat, well,
in my case, garlic and onions, it can cause bad breath.
And of course I'm talking about Zelman's minty Mouthmens, and
I have been saying or telling you about it for months.
And for those of you that have bought Zelman's Minty Mouthmens,
you know exactly what I'm talking about. Boy do they
(32:21):
work for those of you that have not. You have
horrible breath. You breathe on someone, they start reeling and
almost keel over. So what you can do is swallow
or bite into these little capsules that are coated with
a mint.
Speaker 1 (32:36):
Pop two or three in your mouth.
Speaker 2 (32:38):
You suck them in part until that's done, and then
you swallow or bite into them and it goes to
work in your gut where it really starts. That's where
bad breath can start and stay there. And no other
mint does that at all. That's Zelman's minty mouth mins.
And of course I've been using them well as long
as they've been around. So go to Zelmans dot slash
(33:01):
kf I. My station Wherry broadcast from zelman z l
m I n s dot com, slash kf i zelmans
dot com slash kf I.
Speaker 1 (33:13):
This is Handle on the Law. You've been listening to
the Bill Handle Show.
Speaker 2 (33:18):
Catch my show Monday through Friday six am to nine am,
and anytime on demand on the iHeartRadio app
You're listening to Bill Handle on Demand from kf I
AM six forty.
Speaker 2 (00:08):
This is as Handle on the Law marginal legal advice,
where I tell you have absolutely no case. If you're
injured and need a lawyer, go to handle on the
law dot Com. And if you're a lawyer and want
to join our team because people desperately need your help,
go to handle on the Law dot com and click
on the join today tab at the top of the page.
Speaker 1 (00:28):
The followings up pre recorded.
Speaker 2 (00:29):
Program the ongoing story of the killing, the assassination of
the United Healthcare CEO Brian Thompson.
Speaker 1 (00:40):
And as we.
Speaker 2 (00:41):
Know, Luigi Mangioni was arrested and has been charged with murder.
Speaker 1 (00:47):
And I don't know why.
Speaker 2 (00:48):
This happens in New York so many times it was
son of Sam and a bunch of other killers. Also
going way back in history, Saco and Vinzetti, I think.
Speaker 1 (00:57):
We're in New York.
Speaker 2 (00:58):
Leopold and Loeb also Knew York. Interesting historical little drops
of little tidbits of history. You can look those guys up.
But it seems that New York City is a place
where it all happens. In any case, MANGEONI is arrested
for shooting Brian Thompson in the back of the head
and after lying in wait and assassinates him. All right,
(01:22):
So now he goes into prison and he is by
law allowed to talk to his attorney as often as
he wants to. So what happens, Well, there is a
website set up on his defense by his defense, and
he is thanking people who have written to him as
(01:45):
he is jailed in a New York City detention facilities.
Probably rikers, I'm just guessing here. And this is how
crazy it has gotten. Women throw themselves at these guys,
knowing the heinous crimes they are committed, they have committed,
(02:05):
have already either been convicted, guilty to, or even being
accused of. Women love these guys. Well, I really like
the bad boys. I mean the kind that shoot people
in the back of the head after lying in wait. Yeah,
those kind of bad boys. And so hundreds of missives
of proposals of marriage. I'm surprised he hasn't published those.
(02:29):
I once interviewed the wife of the nightstalker who started
writing to him in prison, and he chose her out
of the dozens who proposed marriage, and they got married.
They got married in prison, and I asked her, how
could you marry such a guy, because he's a wonderful
(02:49):
human being.
Speaker 1 (02:51):
He killed all of these women, know he didn't.
Speaker 2 (02:55):
He's a nice, nice guy. He's innocent. Now did she
ever meet him? No? How did they get married? They
got married behind a plexiglass shield between them. They never
touched each other. But he's such a nice guy, Ted
Bundy remember him. I don't know how many women threw
themselves at him. Good looking guy, complete sociopath. All right,
(03:22):
let's take some phone calls. Kelly, Hello, Kelly, welcome.
Speaker 1 (03:29):
Hello, Yes, ma'am.
Speaker 3 (03:33):
Question, So I went on SMLA for work, and what's
the FM job PAYD family?
Speaker 1 (03:42):
Oh okay, you went on PAYD family? Okay, got it?
Speaker 3 (03:46):
Uh huh okay. So my job was still taking paying
into my benefits and they weren't paying me. So I
was in receiving payment from EDD and they said that want.
Speaker 4 (03:58):
Me to pay back like twenty seven hundred dollars that
they were paying when I was on the leave. And
I'm trying to see if there's any legal recourse or
in Okay.
Speaker 1 (04:05):
Hold on, hold on.
Speaker 2 (04:06):
So you go on paid family leave, you're not being
paid by your employer. Correct, No, okay, you just went
on paid family leave. Usually the employer pays for that.
So I'm a little concerned. Not concerned, I'm a little
curious as to who paid you the benefits.
Speaker 4 (04:27):
Well, I think the benefits come through like ed D.
Speaker 2 (04:32):
Okay if and I don't know if they do or not.
And now they want the money back from ed D.
Speaker 4 (04:37):
From you, Yeah, for the benefits that they said they
were still paying into my employee benefits.
Speaker 5 (04:44):
Okay, that's after you.
Speaker 1 (04:45):
Okay, that's after you.
Speaker 2 (04:46):
Okay, that's after you went to back to work. They
kept on paying, is that correct?
Speaker 4 (04:51):
Yes, No, they were paying while I was off on.
Speaker 1 (04:54):
Leave, yeah, going to work.
Speaker 2 (04:56):
Okay, they still were They still paying after came back
to work.
Speaker 1 (05:01):
Did you still get benefits?
Speaker 6 (05:02):
Yeah?
Speaker 2 (05:03):
Okay, that that's not your money. Of course they're.
Speaker 1 (05:07):
Entitled to get it back. Oh yeah.
Speaker 2 (05:11):
You know what if they make a mistake, they're allowed
to make a mistake, you know what I mean. Let
me ask you this, what if they by accident? How
much did you get on family leave?
Speaker 3 (05:23):
What was.
Speaker 1 (05:25):
Okay, what sixty five percent of your pay?
Speaker 4 (05:29):
Yeah?
Speaker 2 (05:30):
Okay, so let's say hypothetically, Well, I'm just throwing numbers out.
So hypothetically, let's say you make one thousand dollars a month, okay,
which of course you don't. That means six hundred and
fifty dollars a month you're getting under the paid family leave.
What if they make a mistake and it turns out
to be sixty five thousand dollars because they missed a
(05:51):
couple of decimals, Do you keep it?
Speaker 4 (05:54):
No, I would give it back because I would know
I would have to be responsible for paying that back
to them.
Speaker 2 (06:00):
So why would you not be responsible when they keep
on paying you.
Speaker 1 (06:07):
That you don't deserve. You don't deserve the money.
Speaker 3 (06:12):
I guess you're right because I didn't know the law.
Speaker 2 (06:16):
You know, I am right, and they can't ask for
money back, and they do. And when you go on
paid family leave for example, or unemployment and you now
start working, it is your obligation to tell them, Hey,
I am I've gotten money, and how do I return it?
Speaker 1 (06:36):
Otherwise I mean, yeah, you're already caught.
Speaker 2 (06:39):
I mean sometimes you just shut up and at the
end of the year they miss an audit or whatever.
But yeah, if they've asked for the money back, you
absolutely pay for it. Carlos. Welcome to handle on the law.
Speaker 5 (06:54):
Good morning, sir.
Speaker 1 (06:55):
How are you, Yes, sir? What can I do for you?
Speaker 7 (06:58):
Just kind a question. I had a car accident and
two years ago I had a lawyer in the settlement.
Was they basically settled the process? Now I was telling
the person was the lady that after the phone earlier,
that the police officer that showed up to the accident
(07:22):
basically reported an incident before, not an accident report.
Speaker 2 (07:25):
Okay, So let me ask you. You said you already
settled the case.
Speaker 7 (07:30):
Well, yeah, they did settle, But I'm trying to go
against the police department because they the police. Because the
police officer filed a wrong a wrong paperwork.
Speaker 1 (07:40):
What do you mean why why can't he call it
an incident.
Speaker 7 (07:44):
Because there's no there's no information of the other driver.
Speaker 6 (07:48):
The other driver fled on.
Speaker 2 (07:49):
Okay, So if he called it an accident, would he
get information on the other driver.
Speaker 7 (07:55):
Well that's the difference, right an accident reports as if there's.
Speaker 2 (07:59):
A no no, no, no, no, no, it's an incident,
and they don't go after drivers. Usually it's a hit
and run, they don't go after it. And you got
your money, By the way, Carlos, What difference does it make?
Why do you want to go after the police department?
What would you how much would you gain after you
settle the case? If the police report read accident instead
(08:22):
of incident, how would you be ahead of the game?
Speaker 8 (08:26):
Uh?
Speaker 7 (08:27):
Well, I mean that's what I'm trying to figure out.
Speaker 1 (08:29):
How would you be ahead of the game?
Speaker 2 (08:31):
Just you know, answer the question. Do you think you
would be ahead of the game. Do you think you
would have gotten more money? Do you think no? No,
you think you would have gotten more if the cop
says incident instead of an accident, the guy fled, it
was a hit and run.
Speaker 1 (08:46):
You got your money, all right?
Speaker 7 (08:50):
Thank you sir?
Speaker 1 (08:51):
All right, you got it all right. Carlos is a genius.
Speaker 2 (08:54):
He he's on his way to his Mensa meeting when
he stopped buying and made the phone call.
Speaker 1 (08:59):
X Terry, Hi, Terry, seek right Terry.
Speaker 5 (09:07):
This is Terry.
Speaker 2 (09:08):
This is not working this phone call either on a speaker,
someone else's talking to you. What's going on, Terry? I
can't I can't even hear you. Are you on a speaker?
Speaker 1 (09:29):
Okay?
Speaker 2 (09:29):
Great phone call, Terry, one of my best. This is
handle on the law. This is handle on the law
marginal legal ad ad vice.
Speaker 8 (09:42):
Uh?
Speaker 1 (09:44):
Is that missed din or messin last? Okay? What can
I do for you?
Speaker 9 (09:53):
All right?
Speaker 1 (09:53):
Where's that from?
Speaker 2 (09:54):
This?
Speaker 1 (09:54):
I'm kind of you know, where's that name come from?
Speaker 10 (09:57):
I'm my to other Jamaican.
Speaker 1 (10:00):
Oh, Jamaican. Okay, that's a great name, Messing. I haven't
heard it before.
Speaker 5 (10:04):
All right.
Speaker 2 (10:05):
I'm assuming you smoke a lot of pot, right, you
smoke a lot of pot.
Speaker 10 (10:11):
On the opposite, I've never smoked pot.
Speaker 2 (10:14):
You're Jamaican and you never smoke pot. There's something seriously
wrong with you.
Speaker 1 (10:20):
Grew up around seriously.
Speaker 10 (10:23):
Believe I grew up around it. Okay, I really just believe.
I don't do it.
Speaker 1 (10:28):
Okay, fair enough, all right, what can I do for you? Messing?
All right? So real quick?
Speaker 10 (10:33):
Uh, I'm Caribbean, so that's a good thing I have
on my teeth. Did a little feeling, however, I require
every three months to get my teeth clean. Went to
one place, went to several of different Dennis and get
my regular cleaning. However, there was one tooth in particular
that was a little problematic. Went to one Dennis and
(10:56):
they kind of did some stuff with it. They did
they tried to do a feeling on it, left a
hole in it, went to another thenist for a second
opinion on it. He did my cleaning, regular cleaning, and
the cars consultation which I went in for a consultation
and what procedure was going to be done. I requested
(11:16):
that he do. We discussed that he's going to do
a crown on a particular too, with a possibility of extraction. However,
I went in for the crown. He did the extraction
while under local anesthetic. He decided to change a procedure
and not only did he remove a root canal crown
(11:37):
that I had, but also weakened the tooth that was
around the extraction and put a bridge. So now I'm
having difficulty eating, I'm having pain, and and now I
while under local he changed the proceedures. Had me signed
(11:58):
right there?
Speaker 4 (11:59):
Do I have a case?
Speaker 2 (12:00):
Okay, well, here, hold on, here is you got a
couple of issues.
Speaker 1 (12:03):
Here.
Speaker 2 (12:04):
Issue number one. He's gonna say you signed it voluntarily.
You're going to say I did it under local anesthesia.
By the way, local anesthesia does not change your mindset.
It's not like general anesthesia or you have unless you're
arguing nitrous ox side is that what they call it
nitrous where you really get loopy and you're going to
argue that he's going to say, no, that didn't happen.
Speaker 1 (12:25):
So what that part I don't know about.
Speaker 2 (12:29):
Now, if you're second dentist or another dentist that you
go to says he shouldn't have removed the bridge, or
he shouldn't have removed the two put a crown, put
a bridge in there, you have trouble eating.
Speaker 1 (12:40):
That is a case.
Speaker 2 (12:42):
And the problem is is that enough of a case
to sue him as in superior court. Now, if you
sue him in in small claims court, which in California
is twelve thousand, five hundred bucks limit, and let's say
you sue for the twelve thousand, five hundred dollars, the
dentist's going to appear and say, hey, I did what
was reasonable under the circumstances. And you're gonna say no, no, no, no,
(13:04):
you're not a dentist.
Speaker 1 (13:05):
He is.
Speaker 2 (13:06):
So you've got a real issue there. What I would
do And if it continues on, don't listen to me.
Go contact a medical malpractice attorney who's done dental malpractice.
Speaker 1 (13:19):
It's the same kind.
Speaker 2 (13:20):
It's the same thing as someone a doctor screws up.
Doesn't matter if it's dental, medical or whatever. But someone
who's done dental malpractice who kind of knows what's going on.
You do a little bit of research and you call
and you say, hey, do I have anything here? And
you might, but there might not be enough money. That's
the problem. I would feel much better had he taken it.
I would feel better if he take every single tooth
(13:41):
out of your mouth, I would feel better in terms
of the case.
Speaker 10 (13:45):
Okay, how about the fact that I went in for
a consultation on the procedure that I wanted done.
Speaker 1 (13:50):
Well, but wait, wait, but you let him for that.
Wait a second.
Speaker 2 (13:54):
You just did a consultation and he threw you into
the chair, and against your will, he did a procedure.
Speaker 10 (14:00):
You all right, So I went in for a consultation
because I've had this problem with Dennis before once.
Speaker 1 (14:06):
No, I get it. So you went in for a consultation.
Speaker 2 (14:09):
Why if you're just going for consultation, why would you
let him do any procedure?
Speaker 1 (14:13):
Honor you if all you wanted was a consultation.
Speaker 10 (14:16):
So before the procedure, I went in for a visit
just for the consultation to end.
Speaker 2 (14:21):
Okay, so you went and okay, so you went for
the consultation and then you decided to go forward with
a crown correct, Yes, okay, I get it, all right,
we'll go.
Speaker 1 (14:31):
Around circles now, I get it. So forget about the consultation.
Speaker 2 (14:34):
You agreed to have a dental procedure, and you're saying
it was the wrong dental procedure, and you're saying you
didn't consent to it because you were on local anesthesia.
And here are my damages. I can't talk anymore. I've
got real kinds of dental issues. This is when you
talk to a doctor, or excuse me, you talk to
a lawyer who has done dental malpractice.
Speaker 1 (14:55):
You get to do the research.
Speaker 2 (14:56):
But it's easy dental man practice attorneys, you know, lawsuits, dentists, lawyers,
whatever you want.
Speaker 1 (15:03):
And then you just start talking.
Speaker 2 (15:05):
And my fear for you is there aren't enough damages
for a lawyer to take on this case because because
the insurance company of that doctor defends, now it could
be their willingness.
Speaker 1 (15:19):
I grievents.
Speaker 10 (15:21):
Okay, So what unfortunate thing with the Grievans right now
is they they did just as them on the grievents. Well,
I cannot have any more medical procedure.
Speaker 1 (15:31):
On Okay, I got it. So here's what you do.
That's part. That's part.
Speaker 2 (15:35):
That's part of the conversation you have with the Dento
malpractice attorney. Now, let me tell you about LifeLock that
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And let me tell you how quickly that happened. So
(15:56):
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Speaker 1 (16:00):
The button for the credit report.
Speaker 2 (16:03):
Ten seconds later, I get a notice from LifeLock. I mean,
it is absolutely that quick. To be protected by LifeLock
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Speaker 1 (16:17):
That's what LifeLock is about.
Speaker 2 (16:19):
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(17:14):
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Speaker 1 (17:16):
This is Handle on the Law.
Speaker 5 (17:19):
You're listening to Bill Handle on demand from KFI AM
six forty.
Speaker 2 (17:26):
This is Handle on the Law marginal legal advice where
I tell you you have absolutely no case.
Speaker 1 (17:34):
Napoleon, great name, Hi Napoleon.
Speaker 6 (17:37):
Yeah, go aheady. How's it going? Today is Saturday?
Speaker 10 (17:41):
To you?
Speaker 1 (17:42):
Go ahead?
Speaker 6 (17:42):
Thanks for being out here. I greatly appreciate you. Min
Lexury the radio show. Yeah, real brief.
Speaker 11 (17:50):
You had an advertisement about a half an hour ago,
maybe forty minutes now going into the broadcast, apartment landlord
tenant issue should be fairly pretty simple for you to
wrap up for me.
Speaker 6 (18:02):
In this case, let's see, moved.
Speaker 11 (18:05):
Into a property, a former property that I just moved
out of about about two weeks ago. Landlord tenant, private
dwelling couple. I was there for about nine months. Two
or three months later, they had a tenant move in
from Israel with a mother dog with no shots, no
rabies into the eastman of the home in a three
(18:29):
plus unit air house kind of set up like an Airbnb,
main common areas, you know, private private rooms. The mother
had nine letters in puppies in the home air ago.
Long story short, there was a yearine in fecal matter
throughout his hallway, the bathrooms, the common areas. I lost
(18:52):
my I had. I was in the process.
Speaker 6 (18:55):
Of going to school looking for jobs.
Speaker 11 (18:57):
Lost the probably about eight to ten hours, about eight
hours a day, seven days a week.
Speaker 6 (19:01):
Due to cleaning up the home. Because none of the
other tenants would want to clean up. She asked us
to take our shoes off of there. Okay, it was
pretty disgusting.
Speaker 1 (19:09):
So you owned the property? Do I have that right?
Speaker 6 (19:14):
I was renting inside the proper.
Speaker 2 (19:16):
You were renting and okay, so you decided you were
going to clean up.
Speaker 11 (19:22):
I decided I was going to clean up because it's
a health it's a healthy No, it is.
Speaker 1 (19:25):
It is a health issue. But why would he aide show?
Speaker 2 (19:28):
Were the other tenants prepared to live like to live
in that kind of uh uh filthy uh environment?
Speaker 6 (19:36):
Exactly? Who would have saw that coming? None of us?
Speaker 11 (19:38):
But but the but the issue is she she she
moved the gentleman in from Israel with no shot papers to.
Speaker 1 (19:45):
Yeah, shot paper doesn't matter.
Speaker 2 (19:48):
Yeah, you've got you know, I don't know where to
even go on that one, because you have a tennis.
Speaker 6 (19:54):
I was playing with the Orange County.
Speaker 1 (19:55):
Yeah. Did the tenant move out?
Speaker 6 (19:58):
The tenant moved out on his own.
Speaker 1 (20:00):
Okay, So now you've got a place. It's a filthy mess.
Speaker 2 (20:03):
And I would argue that the landlord would be responsible.
Did you ask the landlord, uh, the owner of the
property to clean it up?
Speaker 6 (20:13):
I did? I did, and they and.
Speaker 1 (20:14):
They and they said no, right.
Speaker 2 (20:18):
Wow, all right, Well here's the point is, you volunteered
to clean the place up.
Speaker 1 (20:25):
There's no contract there, there's no agreement there.
Speaker 2 (20:29):
You just decided, I mean, you could have moved and
I'm surprised that I'm gonna ask you what would have
happened if none of you cleaned it up? You were
all prepared to live like that.
Speaker 6 (20:38):
I guess that's a good question.
Speaker 1 (20:41):
Yeah, and you know, where are you going to.
Speaker 10 (20:44):
Go on that one?
Speaker 1 (20:45):
And who do you want to sue? Lord? No agreement?
Speaker 2 (20:48):
I moved out for making your life miserable? Where the
hell is he?
Speaker 1 (20:52):
And it's yeah, I don't know where to go on
that one.
Speaker 2 (20:55):
I don't think you have much. I don't know where
you're going to go. You're gonna step in dog crap,
is what you're going to do. Hi Ann welcome?
Speaker 12 (21:04):
Oh hi Bill? Yeah, quick question. I want to designate
beneficiaries for my retirement accounts and my savings accounts. Sure,
does this mean that that money is no longer available
for burial expenses and medical clawbacks?
Speaker 1 (21:24):
Oh, it's a good question.
Speaker 2 (21:26):
If they're the beneficiaries of the account, then they get
the account. Okay, that's easy, and that means that they
don't have to pay that So now that gets interesting. Yeah,
basically they get the money, here's the account. They just
(21:47):
have to prove you're dead and so you're sitting someplace
camped out.
Speaker 1 (21:51):
And there's no money there to pay for it.
Speaker 2 (21:55):
So you can set up an account where you have
a different account. The beneficiary becomes the or you just
you have no beneficiaries on that you just own the account.
Speaker 1 (22:09):
Or you make sure there's money left over.
Speaker 2 (22:12):
You don't just leave it to all just they become
all beneficiaries.
Speaker 12 (22:18):
Okay. So basically saying that that money is not subject
to medical clawback.
Speaker 2 (22:25):
Boy, I don't know if that's medical. I have no
idea on that one. She knows more about this than
I do. Boy, getting a lot of these these past
hours bill about that.
Speaker 1 (22:33):
I have no idea.
Speaker 2 (22:35):
I should you know what I should do is I
should ask these people this show should be listener on
the law that would be especially today it's a weird day.
Speaker 1 (22:47):
Hirena, Welcome, Hi, thank you.
Speaker 8 (22:51):
I'm a partner in a shopping center and for the
last two years we've been fighting the city because the
state is mandating housing no matter what happens to anybody
else around it. We're the shopping center behind where they're
putting in an infield project. And the thing that's happening
(23:15):
is that we had a parking study. We've been battling
this for two years and we had a parking study done.
We presented it to the city council, and the city council,
because they're mandated by the state, voted two to three,
two for it and three against it. I mean two
(23:37):
three were for the project. So the project went forward,
and now we're thinking of suing the city to see
if we can have the building and safety people to
look at the parking because it's not going to work.
Speaker 1 (23:52):
Well, here's the problem.
Speaker 2 (23:53):
You have state law that overrides any local ordinance. When
the state mandates that a city has to follow it,
it's a question of supremacy that state law superseded city law,
and then federal law supersedes state law, and that puts
you in an interesting position because under state law you
(24:17):
are under city law.
Speaker 1 (24:18):
You may not have enough parking.
Speaker 8 (24:23):
Our center won't have enough parking.
Speaker 1 (24:25):
No, they're not taking Maybe I'm misunderstood. They didn't take
any of your parking right.
Speaker 8 (24:31):
Well, they do because I Hoop is right next door
to us, and sometimes they park in our parking lot
and we practically we're usually one hundred percent full. People
don't move because the partners own the building and we
usually have just enough for us. We don't have any
extra parking.
Speaker 2 (24:51):
Okay, now you've got a complicated issue.
Speaker 1 (24:55):
Have you talked to a real estate lawyer?
Speaker 8 (25:00):
Yes, and they want to charge us a starting fee
of fifty thousand.
Speaker 1 (25:05):
Dollars because it's a yes, yeah, I can see that.
I think you have.
Speaker 8 (25:12):
We're not the only city fighting to give a couple
of other now that yeah.
Speaker 1 (25:18):
Things where you have to just a group of you
or the partners.
Speaker 2 (25:21):
Everybody has to find a lawyer in and it's expensive
because it's complicated, complicated law.
Speaker 1 (25:26):
So I don't even know where I would tell you
to go.
Speaker 2 (25:29):
I would be in the same position you are fifty
thousand dollars and it doesn't matter because okay, let's say
you have a ten thousand dollars retainer.
Speaker 1 (25:38):
You're going to blow through fifty thousand dollars anyway because
it's just that complicated.
Speaker 2 (25:42):
You're doing a city that is mandated to do something
by the state.
Speaker 1 (25:48):
Can you imagine that kind of litigation? This is handle
on the law, and welcome back to Handle on the Law.
Marginal Legal Advice. Herb, Hello, Herb, hi there.
Speaker 5 (26:04):
Oh yeah, I had a head of small business back
in twenty thirteen. And I was. It's worth about one
hundred thousand. That's what I sold it for. The guy
missed the last three payments on how this?
Speaker 1 (26:23):
What dates were the last three payments due?
Speaker 5 (26:29):
About two thousand?
Speaker 2 (26:31):
No?
Speaker 1 (26:31):
No, no, no, I don't know the money. What were the dates?
When was the last payment made?
Speaker 10 (26:37):
Oh?
Speaker 5 (26:38):
The last payment was made in two thy fourteen?
Speaker 12 (26:43):
Why?
Speaker 6 (26:44):
Okay?
Speaker 2 (26:44):
Great, So it's been ten years since the last payment
was made. You think you would have done something a
little earlier than this.
Speaker 5 (26:55):
You mean me do something?
Speaker 1 (26:56):
You do something?
Speaker 9 (26:57):
Yeah?
Speaker 1 (26:58):
He owes you what X dollars?
Speaker 2 (27:00):
He misses the last three payments and the last one,
so he stops paying you in twenty fourteen. Right, there's
something called the statute of limitations. You can't come back
ten years later.
Speaker 5 (27:14):
I don't want to go after him for the stuff.
He's out of business, he's not doing anything. I wanted
to resume the business.
Speaker 2 (27:22):
Well it's not yours, so you want to resume the business?
Speaker 1 (27:29):
Was there equipment? There?
Speaker 7 (27:31):
Was it?
Speaker 1 (27:31):
A distributorship? What kind of business was this?
Speaker 2 (27:33):
Herb?
Speaker 5 (27:35):
A little bit more of a I made appointment books,
so it's a little bit of a distributorship. And I
have several clients coming back to be saying, can you
make some of this because we can't get it anyway.
Speaker 1 (27:46):
Yeah, there is, of course you can, of course you can.
Speaker 5 (27:50):
I don't put my name on it. All of them
are blank. I put out.
Speaker 2 (27:54):
You can put your name on it. Herb you can
put your name on it. He's gone out of business.
He's given him many you know he's done. He's done.
You're fine.
Speaker 1 (28:01):
He's breached the contract just started up again.
Speaker 2 (28:05):
Got it.
Speaker 1 (28:05):
Yeah, it's just nothing happened.
Speaker 2 (28:07):
I mean you can't sue him, but he's not around
any longer.
Speaker 1 (28:15):
Hey, Ken, welcome to handle on the law morning bill.
Speaker 5 (28:19):
Yes, sir.
Speaker 9 (28:20):
Two weeks two weeks ago, my wife went to Knotsberry
Farm and parked across the street at a Chase Bank.
She was parked in a handicapped spot. She had her
handicapped placard displayed, and there's no restrictions on this parking
lot as as far as we're aware of. However, towing
company towed a bunch of cars from that parking lot
(28:41):
the same night, including my white's car. So they charged
her six hundred dollars to get it out of a tow.
And we want to know if we can go after
them for the six hundred dollars because they towed a
car where the handicap plattered on it.
Speaker 2 (28:52):
Yeah, but if you're not allowed to park there, you're
not allowed to park there. That's private property. And the
problem is do they have to tell you it's private property?
Speaker 1 (29:02):
I don't think so.
Speaker 2 (29:04):
I think that they generally do put signs up. But
I don't think you have the right to park in
someone's lot. It's almost like you're parking in someone's backyard
if they have a parking space.
Speaker 9 (29:20):
So no commercial is a commercial building though to space.
Speaker 2 (29:24):
I don't think it matters. I don't think it matters
the way I view it. You just can't park in
parking lots that are empty. Now there's a restaurant I
go to, which happens they have, strangely enough, a Chase Bank,
and the Chase Bank is about, I don't know, three
hundred four hundred yards from the restaurant, and after it
(29:46):
closes a bunch of people park there. But it is
private property, and everybody sort of knows, and even the
restaurant owner the staff of the restaurant say, hey, that
is private property.
Speaker 1 (29:57):
I want you to know. People have been towed.
Speaker 2 (30:00):
However, they haven't been because they don't enforce it for
a bunch of years. I think you're out of I
think you're out of luck. If I had to, I guess.
I don't even think i's much of a guess either.
Speaker 1 (30:12):
Caarra, Hello Kara, or Carra welcome. Hi.
Speaker 13 (30:15):
Yeah, So I have a question about long term healthcare insurance.
So my friend is in the stages of dementia. He
should be automatically qualified. The insurance somebody fought for like
a year and a half to not pay out at all.
They finally started paying out, but they're enforcing a monthly
(30:35):
cap on home care that doesn't exist in his contract
because they're enforcing that he was injured because he didn't
have a caregiver.
Speaker 3 (30:44):
At that time.
Speaker 1 (30:45):
How badly was he injured, Sagan, How badly was he injured?
Speaker 13 (30:51):
He fell and he practiced held us. It was pretty bad.
He was in rehab hospital for like a month.
Speaker 2 (30:55):
Okay, And you're the question is.
Speaker 13 (31:03):
Is the insurance company liable for a personal injury?
Speaker 2 (31:05):
Because it may be it may be that is a
personal injury matter. It's not a clean one in the
sense of here's a car accident. Here's someone at fault.
Here's a slip and fall. Here is an accident at
a Walmart or a Costco where something falls on your
head from a shelf.
Speaker 1 (31:25):
I mean those are clean.
Speaker 2 (31:27):
This one is a little more complicated, but it sounds
like there's a case there. So I'm gonna suggest you
guys call the lawyers on handle on the Law dot
com and they'll tell you.
Speaker 1 (31:36):
I mean, these guys are good. That's why I created
handle on the Law dot com.
Speaker 2 (31:40):
That's exactly the reason why, because this is a field
that I've always been interested in, and they know what
they're doing. So just go to the website and there's
a phone number and you just call the lawyer. It's
just say I was talking to Bill and he said
there may be something here.
Speaker 13 (31:55):
Okay, okay, Yeah, they're very well.
Speaker 1 (31:57):
Maybe that is an interesting one. Now.
Speaker 2 (32:00):
Bad breath absolutely no fun. No matter what you eat, well,
in my case, garlic and onions, it can cause bad breath.
And of course I'm talking about Zelman's minty Mouthmens, and
I have been saying or telling you about it for months.
And for those of you that have bought Zelman's Minty Mouthmens,
you know exactly what I'm talking about. Boy do they
(32:21):
work for those of you that have not. You have
horrible breath. You breathe on someone, they start reeling and
almost keel over. So what you can do is swallow
or bite into these little capsules that are coated with
a mint.
Speaker 1 (32:36):
Pop two or three in your mouth.
Speaker 2 (32:38):
You suck them in part until that's done, and then
you swallow or bite into them and it goes to
work in your gut where it really starts. That's where
bad breath can start and stay there. And no other
mint does that at all. That's Zelman's minty mouth mins.
And of course I've been using them well as long
as they've been around. So go to Zelmans dot slash
(33:01):
kf I. My station Wherry broadcast from zelman z l
m I n s dot com, slash kf i zelmans
dot com slash kf I.
Speaker 1 (33:13):
This is Handle on the Law. You've been listening to
the Bill Handle Show.
Speaker 2 (33:18):
Catch my show Monday through Friday six am to nine am,
and anytime on demand on the iHeartRadio app
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