Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:01):
You're listening to Bill Handle on Demand from KFI AM
six forty.
Speaker 2 (00:08):
This is Handle on the Law marginal legal advice, where
I tell you have absolutely no case. If you're injured
need a lawyer, go to handle on the law dot com.
And if you're a lawyer and want to help our listeners,
please go to handle on the Law dot com. Click
on the join today tab at the top of the page.
The following is up here recorded a program southern California
(00:29):
where I live. This is San Diego, quite a bit
south of where I live. In Los Angeles. There is
a man this is chu Leavista. Actually the town is
suing Starbucks for negligence and he was injured. Now you
think that this was maybe the coffee was too hot,
It was a slip and fall. There was either a
coffee or creamer or something on the floor and or whatever. No,
(00:54):
he went to charge his phone and he alleges that
the electrical outlet, the plug malfunctioned and exploded and it
severely shocked him and left him disabled. Now you know
this is one hundred and ten volts. I mean, it's
a good zap. I mean I've had it before. You
(01:15):
know where I've been hit by an electrical like a short,
But yeah, I think it's a little bit much. The
suit reads that the outlet was in a defective and
dangerous condition, Okay, that the defendant Starbucks should have known
or knew about it and didn't repair or warn customers.
He said he was shocked by the electrical current, lost consciousness,
(01:37):
suffered a head trauma along with a concussion, and he
is suffering from physical and mental pain in addition to
anxiety and embarrassment, and the injuries have left him permanently disabled. Yep,
sounds like a personal injury lawsuit to me. And this
(01:58):
is what happens. People call me all the time and go, Bill,
I'm being sued. I was in a rear ender. I
hit somebody, but it was six miles an hour, and
it's the bumper was scratched. And I'm looking at the
lawsuit and they're claiming embarrassment, humiliation, loss of use, can't sleep,
(02:18):
just all kinds of mental distress, and you know, physical distress.
I can't move my arm and my neck is sore,
and I, yeah, that's what happens all the time. I
would like to see what happens with this when Starbucks says, Okay,
go to our doctor, or let's go to an independent
(02:39):
doctor if you think we're gonna This is the insurance
company for Starbucks. Obviously, we'll see how much damage actually occurred.
And what lawyers do is they always go beyond anything
that's reasonable, because that's the way the lawsuits work. All right,
let's go ahead and take some phone calls. Let's start
(02:59):
with you, Roger. Welcome morning, Bill.
Speaker 3 (03:03):
My sister passed away recently and I was notified by
the metal examiner and uh, she's single, no kids, never married.
I'm the sole survivor of the family. When into her home,
was unable to find a will or trust. I called
(03:24):
the La County Department of Records. She owns the property outright,
and I also called the La County Courthouse and they
said she has no will on file. I'm assuming this
goes to probate. Do I need a lawyer? And how much?
Speaker 2 (03:41):
How much? What kind of property are we talking about?
What's the value.
Speaker 3 (03:44):
It's about six hundred thousand.
Speaker 2 (03:46):
It's a chunk of money. Now, do you need a lawyer?
Speaker 3 (03:49):
No?
Speaker 2 (03:50):
Would you get a lawyer? I would for six hundred grand,
only because it's easier unless you want to play lawyer
and follow all.
Speaker 3 (03:58):
The rules and ran in the house plus another eight
hundred grand in cash.
Speaker 2 (04:04):
Why would you not hire lawyer for one point two
million dollars? Just hey, just take care of it and
pay a couple thousand dollars. I mean, I don't know
why you would not. But can you do it your own? Yeah?
You can. You are the only beneficiary, So you file
probate in intestacy. It's called an intestinate pro probate where
(04:25):
there's nobody else out there and they have to look
for other people, and there are some things you have
to do, and just you know, why why hassle it
for one point two million dollars? You want it done
as quickly as possible. You pay two three thousand dollars.
I mean you're going to get eight hundred grand in
cash plus six hundred thousand dollars in property. No, you
(04:46):
don't have to have a lawyer. If you don't, why
wouldn't you With that kind of money, You're gonna get it.
You're gonna get You're gonna get all the property, because
that's the way the law works.
Speaker 3 (04:57):
How much does probate take out of out of the settlement.
Speaker 2 (05:01):
They don't take anything out of the settlement. It's the
lawyer who takes it unless there are taxes that are owed.
And I mean someone has to be the executor, and
usually it can be with the court as signs. If
there is nothing, then it's the lawyer figures something out.
That's why that part gets a little tricky, and generally
(05:22):
the court will assign a probate attorney to handle it
the executor and it's whatever he or she charges. But
you know it's minuscule relative to what you're going to get.
That's why I would get it. There's some things you
have to follow. I mean, you got jump through some hoops.
You really want to know how you want to learn
how to jump through hoops? You plan on doing that
(05:44):
forever and that's your career. No, so yes, you get
a probate lawyer, especially with numbers that high. I mean,
if it's forty thousand, if it's fifty thousand or twenty thousand,
which I've gotten phone calls to I've gotten phone calls about.
Then you do with summary probation, which is pretty easy.
You fill out some forms at court just okay, is
it because it's under whatever statutory limitation there is I
(06:07):
don't even know what those are. Forty thousand maybe in
La County, so no idea of that number. Now I
want to talk to you about chronic pain. If you
live in chronic pain or know someone who does hurts
all the time, I'm going to suggest you listen to
The Pain Game podcast. This really helps people. And I've
(06:32):
talked to people who have listened, and boy, this really
is truly helpful. Guests have dealt with, have treated people
with living in pain. The host, who I know very well,
Lindsay Soprano, She deals with chronic pain herself twenty four
to seven, and boy does she do it heroically. Every
episode ends with a message of hope, and you'll understand
(06:53):
the show is about giving pain purpose. As counterintuitive it
as that sounds, that's what it does. Listen to the
show wherever you listen to podcasts, The Pain Game podcast,
The Pain Game podcasts. This is Handle on the Law.
Welcome back, Handle on the Law. Marginal Marginal legal advice Hilanda, Yes, ma'am. Yes.
Speaker 4 (07:22):
About two years ago and they got away with about
two hundred and fifty thousand dollars.
Speaker 2 (07:28):
WHOA, WHOA? What? What was it what to WHOA wait
a second, two hundred and fifty thousand dollars worth of
what they got away with jewelry? Did you have it
in a safe?
Speaker 4 (07:41):
Well, no, we had some stuff out. We had most
of our stuff in the safe, but yeah we had okay,
so on the floor.
Speaker 2 (07:47):
Wow, okay.
Speaker 4 (07:48):
So our alarm never went off and the guy came
in through the back uh, and then he smashed our
unit with a sledgehammer, and the backup never went off.
So we hired an attorney, and the attorney took the
alarm company to court and the judge threw it out.
So my question is can I still pursue a lawsuit
(08:12):
or is it final once the judge throws it out.
Speaker 2 (08:14):
Well, you can appeal the judge's ruling. That's it. That's
basically it. And if the judge throws it out there
wasn't enough evidence, clearly, or there was some procedural mistake.
Hopefully it was a procedural mistake that was made, and
that's all you can do.
Speaker 4 (08:32):
I'm sorry. There was fine print in the contract that
said they are not responsible with the backup for someone.
Speaker 2 (08:38):
Well here's the argument. Yeah, I know, I get that.
How fine a print. That is really the question, because
the argument is you don't argue that you signed it.
You can't argue that it's there. You can't argue that
g I should have read it or it was you know,
it's pretty Blatant's pretty obvious. This is me thinking. The
(09:01):
argument I would think works is one of two. Number
one implied contract that it was implied that the damn
thing goes off when someone breaks in. And number two,
the print is so small or it's so convoluted, then
(09:22):
you're going to argue that that provision is not enforceable.
I mean, there have been cases where print has been
so ridiculous that the judge said, some insurance cases where
insurance policies were so ridiculous the judge said, I've been
a judge for twenty years. I don't understand this. And
(09:43):
so that's your argument, it's time for this kind of money.
Is trying to get another lawyer and maybe file. Let
me ask you how about insurance on this.
Speaker 4 (09:55):
Well, we had to cancel our insurance probably a month
prior to because the premiums just got so high.
Speaker 2 (10:03):
All right, So you're well, I tell you what they
weren't two hundred and fifty thousand dollars.
Speaker 4 (10:09):
Yeah, yeah, yeah.
Speaker 2 (10:12):
My homeowners doubled. My homeowners doubled. I lost my policy
where they wouldn't renew and they said, now not interested anymore,
and I had to go out and get a policy.
I was there for two and a half weeks. We're
talking about fire insurance. The place burned down. I'm out completely,
and so they doubled. I mean that's you know, I mean,
(10:32):
it's all you can do is appeal it for those reasons.
But it's worth seeing a lawyer about that. It is
worth spending a few hundred bucks just to see if
you have anything. Matt, Hi, Matt, welcome.
Speaker 5 (10:48):
Hey, good morning, chair, thanks for taking my call.
Speaker 2 (10:50):
Sure.
Speaker 5 (10:51):
I've been a government contractor for a long time. I
was working on an island in the in the middle
of one of our oceans, and I got hurt on
the job, and uh, basically they turned my workman's comp
uh claim down?
Speaker 2 (11:08):
Who is hey, workers? Okay, Department of I guess it
was the Department of Industrial Relations. Uh. And why did
they turn it down? What was the reason?
Speaker 5 (11:20):
Well, I really don't know. I I they thought the
guys there, the safety officers said, I wasn't hurt, and
I said, I am hurt, and uh, so I left
the island. And you know, I've I've worked with guys
all my life that I've been through the same thing.
And you know, after two weeks you start getting paid.
Speaker 6 (11:37):
Yeah.
Speaker 2 (11:37):
No, I understand they got it and you didn't. For
some reason, you didn't. And the administrative logudge or first
of all, the Department Workers' comp department said no, which
happens all the time. And then you instantly appeal it,
because that's what happened. By the way, most appeals win.
Uh And this is uh is it? What are you
talking about? Workers comp? Which agency did you sign under?
Speaker 5 (12:02):
Well, I worked for the Department Defense.
Speaker 2 (12:04):
I was okay, So they have their Okay, they have
their they have.
Speaker 5 (12:07):
Their own system. I was a government contractor and that
we sell under the Uh.
Speaker 2 (12:12):
Okay do you sorry? But that doesn't matter if they're
a government contractor. It's you work for a private company, correct.
Speaker 5 (12:21):
I worked for a government contract private company.
Speaker 2 (12:23):
Yes, okay, So it doesn't matter that there's a government contract.
You have a claim against your company for workers comp
and your and your company is based.
Speaker 7 (12:33):
Where uh in Texas?
Speaker 2 (12:38):
Okay? In Texas? Uh. And I don't know what the
Texas rules about workers comp but usually when you are
turned down, you instantly appeal it. And do you have
a work comp attorney?
Speaker 5 (12:51):
Bill? I did, I, but Monsieur, I was working overseas
for this company.
Speaker 2 (12:56):
Yeah, I know, I get it. Well, you weren't for example,
you weren't Okay, you weren't work king in the Gulf
of America for example. Right, I was.
Speaker 5 (13:03):
Working in an ocean and uh, for a company that
is very very popular.
Speaker 2 (13:09):
Okay, it's a big company. I get it.
Speaker 5 (13:11):
Uh, attorney, and you know I have an attorney. But
I just was wondering, in your opinion, is this a
common Factice?
Speaker 2 (13:19):
Yeah it is? Yeah, Yeah it is. Yeah it is.
And where was the workers can't comp filed? Was it
filed in Texas?
Speaker 5 (13:28):
Uh? Well, the I really don't know that. The company,
you know, they're they're obligated to file that when you
get hurt on the job.
Speaker 2 (13:34):
You're Yeah, you have to find out where where they filed.
I mean some administrative agency said no thank you, or
they said no thank you. But I don't know how
they can because you're filing with a government entity. And
if they just ignore it, you're going forward. It's not
as if they have okay, then you're doing everything right.
(13:55):
Then you're there's nothing more I can add, Matt, you're
doing everything right. Your attorney will appeal it. And on
the basis of if the administrative law attorney, the workers
comp and the administrative law judge who hears workers comp cases,
says I don't believe it, and you bring forward your evidence,
(14:15):
that is your doctor saying yes, and they, by the way,
the company has right say now you have to see
our doctors and then you have you a match going
on between the two of you. But that's what happens
in workers comp. What do you do? What do you do?
You appeal it. It's administrative law. There's not much you
can do about it. Now let me tell you about
LifeLock that has been protecting me. I just got a
(14:37):
new credit card, by the way, and LifeLock instantly told
me that someone was looking for my credit and looking
at my credit And let me tell you how quickly
that happened. So they take my credit information and I'm
at the bank. They press the button for the credit report.
(14:58):
Ten seconds later I get a notice from LifeLock. I mean,
it is absolutely that quick to be protected by LifeLock
certainly makes me feel a whole lot better. That's what
LifeLock is about. It's important to understand cybercrime, identity theft
affecting our lives and well. LifeLock does all of that,
(15:20):
even to the point where they did it for me yesterday.
Millions of data points are monitored a second for your
risks to online identity theft, because that's where it goes.
People pretend it's you, it pretend you are where they
are you and you are nailed. So let me tell
you about LifeLock again. Here's what happens. If there is
(15:41):
a potential identity theft like there was yesterday, they spot it.
They immediately get in touch with you, which they did yesterday.
And if you become a victim of identity theft, a
dedicated US based restoration specialists will fix it guaranteed or
your money back. I just said, yeah, this is legit.
So protect yourself with Lifeblock joins. Save up to forty
(16:01):
percent off your first year with handles your promo code
go to eight hundred life Block promo code handle or
lfe block dot Com promo code handle. This is handle on.
Speaker 1 (16:13):
The law you're listening to Bill Handle on demand from
KFI AM six forty.
Speaker 2 (16:20):
Welcome back. I got handle block marginal legal advice where
I tell you you have absolutely no case. Uh Mary,
Hi Mary Hi? Well.
Speaker 8 (16:36):
I went to small claims court and I I was
a playing.
Speaker 5 (16:41):
Up pronounce Suber twelve five hundred discuss.
Speaker 8 (16:44):
I say, fact, I talked to you about got my
case for away. He legally lucked me into the house.
Speaker 2 (16:49):
I was there twenty five years.
Speaker 4 (16:51):
He threw my step away.
Speaker 8 (16:52):
So you know all this stuff that I have, all
this proof I had. I had hotel receives I had,
I brought a witness, I had a bank statements, I
had voice messages that he admitted he threw.
Speaker 5 (17:01):
My stuff away.
Speaker 8 (17:02):
I have all this crucial evidence, easy case.
Speaker 2 (17:05):
I know I was going to win.
Speaker 8 (17:06):
So anyway, I go into court and before we the
judge came out quick says, by the way, you have
to exchange your evidence to one another suit. If you
don't do it, then judge won't.
Speaker 4 (17:17):
Won't read it so or won't look at it. So
I did that.
Speaker 8 (17:20):
You know, we we booked it that he heard his voicemails,
messages on my phone and all that. So then judge
comes out and she asked me why I was suing
for twelve thy five hundred, and I said, well, i'm
your civil code and she goes, I don't want to
hear any civil codes. I want to hear why you're
suing them. I said, well okay, I said, well he's
what he did. I gave said, well, I don't want
to hear that. Why you stood up?
Speaker 4 (17:40):
She'd cho was being rude.
Speaker 2 (17:42):
I mean that I lost.
Speaker 5 (17:43):
This is this is what it is.
Speaker 4 (17:44):
She was.
Speaker 8 (17:44):
She was cut me off, will let me talk.
Speaker 2 (17:47):
I was the one that, well, let me ask you.
Let me ask you. When she looked at you and
said why are you suing? And you mentioned under the law,
that's for the judge to determined. When you mentioned under
the civil code, probably the judge didn't even know the
civil code, just wanted why are you suing? What did
(18:08):
he do to you? That's it, okay, that's where you
made a huge mistake. And keep in mind, judges go ahead.
Speaker 8 (18:18):
So she was so she just didn't hear anything.
Speaker 5 (18:20):
I had to say.
Speaker 8 (18:20):
She didn't hear what else you have?
Speaker 5 (18:21):
What else do you have?
Speaker 8 (18:22):
I said, well, your honor, this is like real crucial
evidence here in my witness is right here.
Speaker 2 (18:26):
Okay, hang on, hang on, this is crucial evidence, another
legal opinion that you came up with. Oh gosh, yeah,
this is a judge. These judges a small claims court,
for the most part, are lawyers who volunteer. Yes, And
what they want to do is they feel they want
(18:46):
to feel powerful. They want to Very few high end
lawyers sit on the small claims court. So it's one
of those where I will decide what the law is.
I will tell you, don't tell me. That's probably what
happened to you, and the judge got really angry with you.
And there are judges. This is what I tell people
(19:09):
all the time in small claims court. Write it down,
get to the point, I mean, instantly, no stories, It's
just known it. I really got hassled it. Here it is,
this is what he did. This is the time he
did it. Here's the evidence. Here is the email that
(19:29):
said that where he said this, So what you did?
You pissed off a judge who, by the way, it
doesn't didn't believe you or didn't care. And that happens
all the time in small claims court, unfortunately, and judges
believe one or the other judges ignore evidence all the time,
and unfortunately, if.
Speaker 8 (19:47):
You're the audio tape, they have recording in there. And
so their firt comes down and she says, well, if
you want to copy of the audio tape audio clip
anybody for the for this hearing try you have to
after you get the city in mail, then you could
get one.
Speaker 4 (20:01):
And so so.
Speaker 5 (20:02):
I looked at the website.
Speaker 8 (20:04):
They's allow the steps on there and they denied me.
Went down there to deny me.
Speaker 2 (20:08):
Okay, what's your question? What's your question? So they judge
denies you. She hated you.
Speaker 8 (20:14):
An audio clip. I can't get audio clipped to the other.
Speaker 2 (20:16):
Hearing judge says, I don't want to hear it. Now.
Theoretically you can appeal that, except I think that small
Claims court for the plaintiff is a summary judgment, which
means they really don't go up and you can try
to say that the judge ignored evidence, and but I
don't know if that works in small claims court in
superior court.
Speaker 8 (20:34):
Letter, I write a letter to them, they really investigated
this step up the services skill of the commission.
Speaker 2 (20:39):
Who are you to write? Who are gonna write a
letter to the commissions?
Speaker 8 (20:43):
Up there the commissioner up there.
Speaker 2 (20:44):
What commissioner? What commission I don't know.
Speaker 8 (20:47):
If it's for judicial misconduct?
Speaker 2 (20:49):
Yeah, well that is that's a that's an offshoot of
the Supreme Court. Uh, that's who oversees the court. And
let me tell you what they're going to do with
your letter. Yeah, yeah, that's it. I mean, you just
got you caught, You got caught up, You got caught up.
And this is the judge that didn't want to hear it.
And this is why I always say, man, if you
can do your case in two minutes, do it. The
(21:12):
judge is hearing dozens of cases that day. I mean,
can you imagine if I'm the judge and I'm going
to say to you, Mary, I want to hear what
you have? What what did the defendant do? Well, you're
on her under the law. I don't want to hear
the law. I determine the law. See that's the problem. Yeah,
I am right, And you know what a lesson to
(21:34):
be learned. And a lot of not a lot of
people do that. But you can't throw that at you.
You can't at me. For example, someone says, well, under
the civil court, I go, what the hell do I know,
you think I have a civil code in front of me. Well,
the law says, hey, I don't care. And that's what
happens in small claims court, and that is that's a
tough lesson to learn. So not like Mary was an
(21:55):
idiot here, she really wasn't. Uh, And I'm not saying
that Mary didn't have a case. And if she had
been in front of another judge, a judge could have
said to her, you know what I'd call me. You know, Mary,
I determine the law. I make that decision and so.
And the other thing is that the defendant, when he
(22:16):
tells his story, he can say and you know, your honor,
it's up to you to determine the law. Not Mary.
So yeah, not fun didn't just got the wrong wrong judge.
Happens all the time. Mister Luna, is that what your
name is? Yes, mister Luna. What's your first name? We
(22:37):
go by first name. Joel. Joel, okay, Joel. What can
I do for you?
Speaker 5 (22:42):
Yeah?
Speaker 9 (22:42):
I've been living in this house for seventeen years, paying
nine to fifty a month, and all of a sudden
I got a letter in the mail at my house
and they raised my rent up to seventeen hundred.
Speaker 5 (22:54):
Can they do that?
Speaker 2 (22:55):
No? Not. In the state of California, they can't. They're entitled.
They're entitled that ten percent per year, and that is it.
And that's assuming you're an area that doesn't have rent control.
If you live, for example, in the city of Los Angeles,
you're a two and a half or three percent, and
that's what the rent stabilization comes out with because it's
(23:18):
all rent control and all they care about is inflation.
What city do you live in, Joel? What city you
live in?
Speaker 5 (23:25):
Okay?
Speaker 2 (23:25):
There is Okay, there is no rent control in San Berardino.
So they can raise it ten percent per year and
that's it. So you say no, no, and you tell
them it's here's the law, ten percent per year. And
you want to pull the law out, by the way,
and that's easy to find out. You just pull it
and you send them a copy of it and you go, hey,
what part of you can only raise it ten percent?
(23:47):
Are we having a hard time understanding here? By the way,
let me ask you, where where do you get a place?
And how big is it? For nine hundred and fifty
thousand dollars or nine hundred and fifty dollars a month
in southern California.
Speaker 9 (24:03):
We got lucky.
Speaker 2 (24:04):
You're no kidding, you got lucky. So they can raise
it a big ninety five dollars a year or per month,
and then the next year whatever, ten percent of that.
So you're fine, don't pay it. Don't pay it. Pull
pull the statute. It's there, and just send it to them.
(24:24):
Easy pas. Do we take a break, Yeah, let's take
a break at this point. Then we'll come back and
finish it up and give you plenty of time in
the next segment. This is Handle on the Law. Welcome back,
Handle on the law. Marginal legal advice. Hello, Lonnie, what
(24:45):
can I do for you? Hello Lonnie. Lonnie will probably
get on the phone in just a moment because we
have a delay, and she's listening to the radio, even
after being told old, don't listen to the radio. Listen
on the telephone, going once, going twice. Sold to the
(25:09):
next caller, Chris, Hi, Chris, welcome.
Speaker 7 (25:17):
Good morning Bill.
Speaker 2 (25:19):
Yeah, can you hear me? I can?
Speaker 7 (25:23):
Okay? So I own a property management company up in
Ventura County and we collect rent, we pay the owners,
blah blah blah. Back in November, we made a deposit
to an account and the account number was missing a digit. Uh,
(25:47):
the account went it was a Chase account.
Speaker 2 (25:49):
Okay, is that your wait? Wait wait, you made the mistake?
Is that correct?
Speaker 7 (25:53):
Yes? Okay, we caught the mistake within you know. The
owner calls said, hey, where's my mother. I'm like, hey,
I don't know. So we've looked into it and realized, okay,
there was only nine digits, not ten. Most accounts have
ten digits. So we we went. He went to Chase
himself at our customer and they said, sorry, we can't
(26:15):
help you out. You got to go to the company
that they had painted. Well, back and forth and back
and forth, and you know, wells Fargo is our main
bank that made the initial withdrawal from our account. But
it was like two hundred and fifty thousand dollars, so
a piece of that went into the Chase account incorrectly.
(26:37):
So we'd just been going round and round with Chase
on a local level to no avail. So at this
point I'm out the money. I had to make it
good to my car.
Speaker 2 (26:48):
How much How much are you out, Chris? Chris?
Speaker 5 (26:50):
How much are you out? Okay?
Speaker 2 (26:54):
And they're not cooperating at all. Where where did that
three thousand dollars go? Any idea?
Speaker 7 (26:59):
Yeah, yeah, well yeah we know the account number, but
of course for privacy lots, they can't tell me the
name on the account. But they said they they.
Speaker 2 (27:09):
Admit they put it into an account that had nine
numbers or ten numbers, and it was simply the wrong
account night night. So there are there are accounts that
have nine numbers apparently, okay, and they're and they're not
willing to pay you. All right? And how far up
the food chain have you gone.
Speaker 7 (27:32):
After going to local branches? You know, I'm getting mixed opinions.
I went to a local branch in end of December
and the lady said, oh, how do you start this process?
A month ago, we could have helped you. I'm like,
we tried, and they said no, So okay, I actually did.
I emailed the corporate office. I said, look, I need
(27:54):
this to be resolved, and they quickly opened up the
case and said, yeah, yeah, well look into it. And
then after about two more weeks they said no, well
we can't. We can't help you. There's non sufficient funds
in the account. I'm like, well, that's not my problem.
Speaker 2 (28:12):
Right, that's not okay. So here's what you get to do. Obviously,
you take them to court. I just don't know the
rules about taking a bank to court because the bank
is under all kinds of federal laws and those you know,
can you sue them a small claims court? Hell, I
don't know, and it could be that's the way to
go at this point. You also can complain to the
(28:36):
FDIIC and you can complain to the California banking authorities.
Have you done any of that?
Speaker 7 (28:42):
I haven't done that. I did look into small planes.
Speaker 2 (28:45):
At this point, do them both? Do them both go
after both of those avenues? And then and now I
don't know where to go at this point, I really
don't all it's yeah, all right, Michael, Hi, Michael, welcome. Yes, Hello, Yes,
what can I do for you? I have a quick question.
Speaker 6 (29:08):
So I had a worker's com case that closed two
and a half years ago, which I got fourteen percent
lifetime disability in case my injury reaggravated. Before I can
go back, about a month ago, I got a letter
for a deposition, and I'm trying to figure out why
(29:30):
would I get a letter?
Speaker 2 (29:31):
No idea? Have you contacted the lawyer who is asking
to depose you.
Speaker 6 (29:37):
Yes, I contacted my old lawyer and they said they
don't know.
Speaker 2 (29:41):
So they don't know why they asked you to sit
for a deposition.
Speaker 6 (29:47):
Correct, my old workers comp lawyer has no idea.
Speaker 2 (29:53):
Okay, how about the lawyer. There's a lawyer that is
sending you a demand for a deposition. Have you contacted
that lawyer or have you contacted who is asking for
the deposition? Whose name is on them?
Speaker 6 (30:09):
The lawyer and my old workplace.
Speaker 2 (30:14):
Okay, the lawyer four year old workplace. Well, do they
know that the case is closed?
Speaker 6 (30:21):
I have told them that numerous times. And then when
I called the other law firm that sent me the deposition,
they wouldn't talk to me.
Speaker 2 (30:30):
Okay, send an email out to everybody saying this case
was closed two years ago. Why do you want to
me go under? Why do you want me to be deposed?
And if they ignore it and they keep on going,
I'd go with a complaint with the state bar. I
mean they're going forward with a legal issue that has
(30:52):
already been disposed of. Just why. I mean that's abusive process.
I would argue that's harassment. So put it in an
email because they're gonna ignore the phone calls and just
ask why am I being deposed? And if they refuse
to answer, you immediately file with the state bar saying
I am now being harassed. This case was closed two
(31:13):
years ago. I can't think of anything else. Yeah, that's weird.
That's weird. Okay, I went to the end. I want
to end the hour talking about That's great news, isn't it?
Your horrible, disgusting bad breath which happens after you eat
a lot of food, including garlic and onions, which I do.
You wake up in the morning and good god, what
(31:35):
do you smell like? You can even smell your own
bad breath when that happens. So let me suggest, as
I have suggested, Zelman's minty mouth mints clinically tested against
even the toughest offenders, including garlic and onions. You pop
two or three in your mouth. There's a minty coating
around these little capsules, and then when the mint is gone,
(31:56):
you swallow the capsule where you bite into it, and
you now have fresh, clean breath that lasts four hours.
You know, if you feel have to brush your teeth
to get that wonderful fleck, you get the wonderful feeling
of fresh breath. This goes for hours. It also cleans
your breath in a way that other men simply can't.
I use them all the time. Obviously, I love them
(32:19):
because after the mint is gone, they go down to
your gut where they really get to work, and no
other mint does any of that. So if you order
a three pack, you're gonna get a fifteen percent discount automatically,
no codes or anything. Fifteen percent off right there when
you order a three pack. Go to Zelmans dot com,
(32:40):
z E L M I N S. Zelmans dot com,
slash kfi, Zelmans dot com, slash kfi. That's Zelman's I
love this company. Zelmans dot com, slash kfi. This is
Handle on the Law. You've been listening to the Bill
Handle Show. Catch My Show Monday through Friday, six am
(33:01):
to nine am, and anytime on demand on the iHeartRadio app.
You're listening to Bill Handle on Demand from KFI AM
six forty.
Speaker 2 (00:08):
This is Handle on the Law marginal legal advice, where
I tell you have absolutely no case. If you're injured
need a lawyer, go to handle on the law dot com.
And if you're a lawyer and want to help our listeners,
please go to handle on the Law dot com. Click
on the join today tab at the top of the page.
The following is up here recorded a program southern California
(00:29):
where I live. This is San Diego, quite a bit
south of where I live. In Los Angeles. There is
a man this is chu Leavista. Actually the town is
suing Starbucks for negligence and he was injured. Now you
think that this was maybe the coffee was too hot,
It was a slip and fall. There was either a
coffee or creamer or something on the floor and or whatever. No,
(00:54):
he went to charge his phone and he alleges that
the electrical outlet, the plug malfunctioned and exploded and it
severely shocked him and left him disabled. Now you know
this is one hundred and ten volts. I mean, it's
a good zap. I mean I've had it before. You
(01:15):
know where I've been hit by an electrical like a short,
But yeah, I think it's a little bit much. The
suit reads that the outlet was in a defective and
dangerous condition, Okay, that the defendant Starbucks should have known
or knew about it and didn't repair or warn customers.
He said he was shocked by the electrical current, lost consciousness,
(01:37):
suffered a head trauma along with a concussion, and he
is suffering from physical and mental pain in addition to
anxiety and embarrassment, and the injuries have left him permanently disabled. Yep,
sounds like a personal injury lawsuit to me. And this
(01:58):
is what happens. People call me all the time and go, Bill,
I'm being sued. I was in a rear ender. I
hit somebody, but it was six miles an hour, and
it's the bumper was scratched. And I'm looking at the
lawsuit and they're claiming embarrassment, humiliation, loss of use, can't sleep,
(02:18):
just all kinds of mental distress, and you know, physical distress.
I can't move my arm and my neck is sore,
and I, yeah, that's what happens all the time. I
would like to see what happens with this when Starbucks says, Okay,
go to our doctor, or let's go to an independent
(02:39):
doctor if you think we're gonna This is the insurance
company for Starbucks. Obviously, we'll see how much damage actually occurred.
And what lawyers do is they always go beyond anything
that's reasonable, because that's the way the lawsuits work. All right,
let's go ahead and take some phone calls. Let's start
(02:59):
with you, Roger. Welcome morning, Bill.
Speaker 3 (03:03):
My sister passed away recently and I was notified by
the metal examiner and uh, she's single, no kids, never married.
I'm the sole survivor of the family. When into her home,
was unable to find a will or trust. I called
(03:24):
the La County Department of Records. She owns the property outright,
and I also called the La County Courthouse and they
said she has no will on file. I'm assuming this
goes to probate. Do I need a lawyer? And how much?
Speaker 2 (03:41):
How much? What kind of property are we talking about?
What's the value.
Speaker 3 (03:44):
It's about six hundred thousand.
Speaker 2 (03:46):
It's a chunk of money. Now, do you need a lawyer?
Speaker 3 (03:49):
No?
Speaker 2 (03:50):
Would you get a lawyer? I would for six hundred grand,
only because it's easier unless you want to play lawyer
and follow all.
Speaker 3 (03:58):
The rules and ran in the house plus another eight
hundred grand in cash.
Speaker 2 (04:04):
Why would you not hire lawyer for one point two
million dollars? Just hey, just take care of it and
pay a couple thousand dollars. I mean, I don't know
why you would not. But can you do it your own? Yeah?
You can. You are the only beneficiary, So you file
probate in intestacy. It's called an intestinate pro probate where
(04:25):
there's nobody else out there and they have to look
for other people, and there are some things you have
to do, and just you know, why why hassle it
for one point two million dollars? You want it done
as quickly as possible. You pay two three thousand dollars.
I mean you're going to get eight hundred grand in
cash plus six hundred thousand dollars in property. No, you
(04:46):
don't have to have a lawyer. If you don't, why
wouldn't you With that kind of money, You're gonna get it.
You're gonna get You're gonna get all the property, because
that's the way the law works.
Speaker 3 (04:57):
How much does probate take out of out of the settlement.
Speaker 2 (05:01):
They don't take anything out of the settlement. It's the
lawyer who takes it unless there are taxes that are owed.
And I mean someone has to be the executor, and
usually it can be with the court as signs. If
there is nothing, then it's the lawyer figures something out.
That's why that part gets a little tricky, and generally
(05:22):
the court will assign a probate attorney to handle it
the executor and it's whatever he or she charges. But
you know it's minuscule relative to what you're going to get.
That's why I would get it. There's some things you
have to follow. I mean, you got jump through some hoops.
You really want to know how you want to learn
how to jump through hoops? You plan on doing that
(05:44):
forever and that's your career. No, so yes, you get
a probate lawyer, especially with numbers that high. I mean,
if it's forty thousand, if it's fifty thousand or twenty thousand,
which I've gotten phone calls to I've gotten phone calls about.
Then you do with summary probation, which is pretty easy.
You fill out some forms at court just okay, is
it because it's under whatever statutory limitation there is I
(06:07):
don't even know what those are. Forty thousand maybe in
La County, so no idea of that number. Now I
want to talk to you about chronic pain. If you
live in chronic pain or know someone who does hurts
all the time, I'm going to suggest you listen to
The Pain Game podcast. This really helps people. And I've
(06:32):
talked to people who have listened, and boy, this really
is truly helpful. Guests have dealt with, have treated people
with living in pain. The host, who I know very well,
Lindsay Soprano, She deals with chronic pain herself twenty four
to seven, and boy does she do it heroically. Every
episode ends with a message of hope, and you'll understand
(06:53):
the show is about giving pain purpose. As counterintuitive it
as that sounds, that's what it does. Listen to the
show wherever you listen to podcasts, The Pain Game podcast,
The Pain Game podcasts. This is Handle on the Law.
Welcome back, Handle on the Law. Marginal Marginal legal advice Hilanda, Yes, ma'am. Yes.
Speaker 4 (07:22):
About two years ago and they got away with about
two hundred and fifty thousand dollars.
Speaker 2 (07:28):
WHOA, WHOA? What? What was it what to WHOA wait
a second, two hundred and fifty thousand dollars worth of
what they got away with jewelry? Did you have it
in a safe?
Speaker 4 (07:41):
Well, no, we had some stuff out. We had most
of our stuff in the safe, but yeah we had okay,
so on the floor.
Speaker 2 (07:47):
Wow, okay.
Speaker 4 (07:48):
So our alarm never went off and the guy came
in through the back uh, and then he smashed our
unit with a sledgehammer, and the backup never went off.
So we hired an attorney, and the attorney took the
alarm company to court and the judge threw it out.
So my question is can I still pursue a lawsuit
(08:12):
or is it final once the judge throws it out.
Speaker 2 (08:14):
Well, you can appeal the judge's ruling. That's it. That's
basically it. And if the judge throws it out there
wasn't enough evidence, clearly, or there was some procedural mistake.
Hopefully it was a procedural mistake that was made, and
that's all you can do.
Speaker 4 (08:32):
I'm sorry. There was fine print in the contract that
said they are not responsible with the backup for someone.
Speaker 2 (08:38):
Well here's the argument. Yeah, I know, I get that.
How fine a print. That is really the question, because
the argument is you don't argue that you signed it.
You can't argue that it's there. You can't argue that
g I should have read it or it was you know,
it's pretty Blatant's pretty obvious. This is me thinking. The
(09:01):
argument I would think works is one of two. Number
one implied contract that it was implied that the damn
thing goes off when someone breaks in. And number two,
the print is so small or it's so convoluted, then
(09:22):
you're going to argue that that provision is not enforceable.
I mean, there have been cases where print has been
so ridiculous that the judge said, some insurance cases where
insurance policies were so ridiculous the judge said, I've been
a judge for twenty years. I don't understand this. And
(09:43):
so that's your argument, it's time for this kind of money.
Is trying to get another lawyer and maybe file. Let
me ask you how about insurance on this.
Speaker 4 (09:55):
Well, we had to cancel our insurance probably a month
prior to because the premiums just got so high.
Speaker 2 (10:03):
All right, So you're well, I tell you what they
weren't two hundred and fifty thousand dollars.
Speaker 4 (10:09):
Yeah, yeah, yeah.
Speaker 2 (10:12):
My homeowners doubled. My homeowners doubled. I lost my policy
where they wouldn't renew and they said, now not interested anymore,
and I had to go out and get a policy.
I was there for two and a half weeks. We're
talking about fire insurance. The place burned down. I'm out completely,
and so they doubled. I mean that's you know, I mean,
(10:32):
it's all you can do is appeal it for those reasons.
But it's worth seeing a lawyer about that. It is
worth spending a few hundred bucks just to see if
you have anything. Matt, Hi, Matt, welcome.
Speaker 5 (10:48):
Hey, good morning, chair, thanks for taking my call.
Speaker 2 (10:50):
Sure.
Speaker 5 (10:51):
I've been a government contractor for a long time. I
was working on an island in the in the middle
of one of our oceans, and I got hurt on
the job, and uh, basically they turned my workman's comp
uh claim down?
Speaker 2 (11:08):
Who is hey, workers? Okay, Department of I guess it
was the Department of Industrial Relations. Uh. And why did
they turn it down? What was the reason?
Speaker 5 (11:20):
Well, I really don't know. I I they thought the
guys there, the safety officers said, I wasn't hurt, and
I said, I am hurt, and uh, so I left
the island. And you know, I've I've worked with guys
all my life that I've been through the same thing.
And you know, after two weeks you start getting paid.
Speaker 6 (11:37):
Yeah.
Speaker 2 (11:37):
No, I understand they got it and you didn't. For
some reason, you didn't. And the administrative logudge or first
of all, the Department Workers' comp department said no, which
happens all the time. And then you instantly appeal it,
because that's what happened. By the way, most appeals win.
Uh And this is uh is it? What are you
talking about? Workers comp? Which agency did you sign under?
Speaker 5 (12:02):
Well, I worked for the Department Defense.
Speaker 2 (12:04):
I was okay, So they have their Okay, they have
their they have.
Speaker 5 (12:07):
Their own system. I was a government contractor and that
we sell under the Uh.
Speaker 2 (12:12):
Okay do you sorry? But that doesn't matter if they're
a government contractor. It's you work for a private company, correct.
Speaker 5 (12:21):
I worked for a government contract private company.
Speaker 2 (12:23):
Yes, okay, So it doesn't matter that there's a government contract.
You have a claim against your company for workers comp
and your and your company is based.
Speaker 7 (12:33):
Where uh in Texas?
Speaker 2 (12:38):
Okay? In Texas? Uh. And I don't know what the
Texas rules about workers comp but usually when you are
turned down, you instantly appeal it. And do you have
a work comp attorney?
Speaker 5 (12:51):
Bill? I did, I, but Monsieur, I was working overseas
for this company.
Speaker 2 (12:56):
Yeah, I know, I get it. Well, you weren't for example,
you weren't Okay, you weren't work king in the Gulf
of America for example. Right, I was.
Speaker 5 (13:03):
Working in an ocean and uh, for a company that
is very very popular.
Speaker 2 (13:09):
Okay, it's a big company. I get it.
Speaker 5 (13:11):
Uh, attorney, and you know I have an attorney. But
I just was wondering, in your opinion, is this a
common Factice?
Speaker 2 (13:19):
Yeah it is? Yeah, Yeah it is. Yeah it is.
And where was the workers can't comp filed? Was it
filed in Texas?
Speaker 5 (13:28):
Uh? Well, the I really don't know that. The company,
you know, they're they're obligated to file that when you
get hurt on the job.
Speaker 2 (13:34):
You're Yeah, you have to find out where where they filed.
I mean some administrative agency said no thank you, or
they said no thank you. But I don't know how
they can because you're filing with a government entity. And
if they just ignore it, you're going forward. It's not
as if they have okay, then you're doing everything right.
(13:55):
Then you're there's nothing more I can add, Matt, you're
doing everything right. Your attorney will appeal it. And on
the basis of if the administrative law attorney, the workers
comp and the administrative law judge who hears workers comp cases,
says I don't believe it, and you bring forward your evidence,
(14:15):
that is your doctor saying yes, and they, by the way,
the company has right say now you have to see
our doctors and then you have you a match going
on between the two of you. But that's what happens
in workers comp. What do you do? What do you do?
You appeal it. It's administrative law. There's not much you
can do about it. Now let me tell you about
LifeLock that has been protecting me. I just got a
(14:37):
new credit card, by the way, and LifeLock instantly told
me that someone was looking for my credit and looking
at my credit And let me tell you how quickly
that happened. So they take my credit information and I'm
at the bank. They press the button for the credit report.
(14:58):
Ten seconds later I get a notice from LifeLock. I mean,
it is absolutely that quick to be protected by LifeLock
certainly makes me feel a whole lot better. That's what
LifeLock is about. It's important to understand cybercrime, identity theft
affecting our lives and well. LifeLock does all of that,
(15:20):
even to the point where they did it for me yesterday.
Millions of data points are monitored a second for your
risks to online identity theft, because that's where it goes.
People pretend it's you, it pretend you are where they
are you and you are nailed. So let me tell
you about LifeLock again. Here's what happens. If there is
(15:41):
a potential identity theft like there was yesterday, they spot it.
They immediately get in touch with you, which they did yesterday.
And if you become a victim of identity theft, a
dedicated US based restoration specialists will fix it guaranteed or
your money back. I just said, yeah, this is legit.
So protect yourself with Lifeblock joins. Save up to forty
(16:01):
percent off your first year with handles your promo code
go to eight hundred life Block promo code handle or
lfe block dot Com promo code handle. This is handle on.
Speaker 1 (16:13):
The law you're listening to Bill Handle on demand from
KFI AM six forty.
Speaker 2 (16:20):
Welcome back. I got handle block marginal legal advice where
I tell you you have absolutely no case. Uh Mary,
Hi Mary Hi? Well.
Speaker 8 (16:36):
I went to small claims court and I I was
a playing.
Speaker 5 (16:41):
Up pronounce Suber twelve five hundred discuss.
Speaker 8 (16:44):
I say, fact, I talked to you about got my
case for away. He legally lucked me into the house.
Speaker 2 (16:49):
I was there twenty five years.
Speaker 4 (16:51):
He threw my step away.
Speaker 8 (16:52):
So you know all this stuff that I have, all
this proof I had. I had hotel receives I had,
I brought a witness, I had a bank statements, I
had voice messages that he admitted he threw.
Speaker 5 (17:01):
My stuff away.
Speaker 8 (17:02):
I have all this crucial evidence, easy case.
Speaker 2 (17:05):
I know I was going to win.
Speaker 8 (17:06):
So anyway, I go into court and before we the
judge came out quick says, by the way, you have
to exchange your evidence to one another suit. If you
don't do it, then judge won't.
Speaker 4 (17:17):
Won't read it so or won't look at it. So
I did that.
Speaker 8 (17:20):
You know, we we booked it that he heard his voicemails,
messages on my phone and all that. So then judge
comes out and she asked me why I was suing
for twelve thy five hundred, and I said, well, i'm
your civil code and she goes, I don't want to
hear any civil codes. I want to hear why you're
suing them. I said, well okay, I said, well he's
what he did. I gave said, well, I don't want
to hear that. Why you stood up?
Speaker 4 (17:40):
She'd cho was being rude.
Speaker 2 (17:42):
I mean that I lost.
Speaker 5 (17:43):
This is this is what it is.
Speaker 4 (17:44):
She was.
Speaker 8 (17:44):
She was cut me off, will let me talk.
Speaker 2 (17:47):
I was the one that, well, let me ask you.
Let me ask you. When she looked at you and
said why are you suing? And you mentioned under the law,
that's for the judge to determined. When you mentioned under
the civil code, probably the judge didn't even know the
civil code, just wanted why are you suing? What did
(18:08):
he do to you? That's it, okay, that's where you
made a huge mistake. And keep in mind, judges go ahead.
Speaker 8 (18:18):
So she was so she just didn't hear anything.
Speaker 5 (18:20):
I had to say.
Speaker 8 (18:20):
She didn't hear what else you have?
Speaker 5 (18:21):
What else do you have?
Speaker 8 (18:22):
I said, well, your honor, this is like real crucial
evidence here in my witness is right here.
Speaker 2 (18:26):
Okay, hang on, hang on, this is crucial evidence, another
legal opinion that you came up with. Oh gosh, yeah,
this is a judge. These judges a small claims court,
for the most part, are lawyers who volunteer. Yes, And
what they want to do is they feel they want
(18:46):
to feel powerful. They want to Very few high end
lawyers sit on the small claims court. So it's one
of those where I will decide what the law is.
I will tell you, don't tell me. That's probably what
happened to you, and the judge got really angry with you.
And there are judges. This is what I tell people
(19:09):
all the time in small claims court. Write it down,
get to the point, I mean, instantly, no stories, It's
just known it. I really got hassled it. Here it is,
this is what he did. This is the time he
did it. Here's the evidence. Here is the email that
(19:29):
said that where he said this, So what you did?
You pissed off a judge who, by the way, it
doesn't didn't believe you or didn't care. And that happens
all the time in small claims court, unfortunately, and judges
believe one or the other judges ignore evidence all the time,
and unfortunately, if.
Speaker 8 (19:47):
You're the audio tape, they have recording in there. And
so their firt comes down and she says, well, if
you want to copy of the audio tape audio clip
anybody for the for this hearing try you have to
after you get the city in mail, then you could
get one.
Speaker 4 (20:01):
And so so.
Speaker 5 (20:02):
I looked at the website.
Speaker 8 (20:04):
They's allow the steps on there and they denied me.
Went down there to deny me.
Speaker 2 (20:08):
Okay, what's your question? What's your question? So they judge
denies you. She hated you.
Speaker 8 (20:14):
An audio clip. I can't get audio clipped to the other.
Speaker 2 (20:16):
Hearing judge says, I don't want to hear it. Now.
Theoretically you can appeal that, except I think that small
Claims court for the plaintiff is a summary judgment, which
means they really don't go up and you can try
to say that the judge ignored evidence, and but I
don't know if that works in small claims court in
superior court.
Speaker 8 (20:34):
Letter, I write a letter to them, they really investigated
this step up the services skill of the commission.
Speaker 2 (20:39):
Who are you to write? Who are gonna write a
letter to the commissions?
Speaker 8 (20:43):
Up there the commissioner up there.
Speaker 2 (20:44):
What commissioner? What commission I don't know.
Speaker 8 (20:47):
If it's for judicial misconduct?
Speaker 2 (20:49):
Yeah, well that is that's a that's an offshoot of
the Supreme Court. Uh, that's who oversees the court. And
let me tell you what they're going to do with
your letter. Yeah, yeah, that's it. I mean, you just
got you caught, You got caught up, You got caught up.
And this is the judge that didn't want to hear it.
And this is why I always say, man, if you
can do your case in two minutes, do it. The
(21:12):
judge is hearing dozens of cases that day. I mean,
can you imagine if I'm the judge and I'm going
to say to you, Mary, I want to hear what
you have? What what did the defendant do? Well, you're
on her under the law. I don't want to hear
the law. I determine the law. See that's the problem. Yeah,
I am right, And you know what a lesson to
(21:34):
be learned. And a lot of not a lot of
people do that. But you can't throw that at you.
You can't at me. For example, someone says, well, under
the civil court, I go, what the hell do I know,
you think I have a civil code in front of me. Well,
the law says, hey, I don't care. And that's what
happens in small claims court, and that is that's a
tough lesson to learn. So not like Mary was an
(21:55):
idiot here, she really wasn't. Uh, And I'm not saying
that Mary didn't have a case. And if she had
been in front of another judge, a judge could have
said to her, you know what I'd call me. You know, Mary,
I determine the law. I make that decision and so.
And the other thing is that the defendant, when he
(22:16):
tells his story, he can say and you know, your honor,
it's up to you to determine the law. Not Mary.
So yeah, not fun didn't just got the wrong wrong judge.
Happens all the time. Mister Luna, is that what your
name is? Yes, mister Luna. What's your first name? We
(22:37):
go by first name. Joel. Joel, okay, Joel. What can
I do for you?
Speaker 5 (22:42):
Yeah?
Speaker 9 (22:42):
I've been living in this house for seventeen years, paying
nine to fifty a month, and all of a sudden
I got a letter in the mail at my house
and they raised my rent up to seventeen hundred.
Speaker 5 (22:54):
Can they do that?
Speaker 2 (22:55):
No? Not. In the state of California, they can't. They're entitled.
They're entitled that ten percent per year, and that is it.
And that's assuming you're an area that doesn't have rent control.
If you live, for example, in the city of Los Angeles,
you're a two and a half or three percent, and
that's what the rent stabilization comes out with because it's
(23:18):
all rent control and all they care about is inflation.
What city do you live in, Joel? What city you
live in?
Speaker 5 (23:25):
Okay?
Speaker 2 (23:25):
There is Okay, there is no rent control in San Berardino.
So they can raise it ten percent per year and
that's it. So you say no, no, and you tell
them it's here's the law, ten percent per year. And
you want to pull the law out, by the way,
and that's easy to find out. You just pull it
and you send them a copy of it and you go, hey,
what part of you can only raise it ten percent?
(23:47):
Are we having a hard time understanding here? By the way,
let me ask you, where where do you get a place?
And how big is it? For nine hundred and fifty
thousand dollars or nine hundred and fifty dollars a month
in southern California.
Speaker 9 (24:03):
We got lucky.
Speaker 2 (24:04):
You're no kidding, you got lucky. So they can raise
it a big ninety five dollars a year or per month,
and then the next year whatever, ten percent of that.
So you're fine, don't pay it. Don't pay it. Pull
pull the statute. It's there, and just send it to them.
(24:24):
Easy pas. Do we take a break, Yeah, let's take
a break at this point. Then we'll come back and
finish it up and give you plenty of time in
the next segment. This is Handle on the Law. Welcome back,
Handle on the law. Marginal legal advice. Hello, Lonnie, what
(24:45):
can I do for you? Hello Lonnie. Lonnie will probably
get on the phone in just a moment because we
have a delay, and she's listening to the radio, even
after being told old, don't listen to the radio. Listen
on the telephone, going once, going twice. Sold to the
(25:09):
next caller, Chris, Hi, Chris, welcome.
Speaker 7 (25:17):
Good morning Bill.
Speaker 2 (25:19):
Yeah, can you hear me? I can?
Speaker 7 (25:23):
Okay? So I own a property management company up in
Ventura County and we collect rent, we pay the owners,
blah blah blah. Back in November, we made a deposit
to an account and the account number was missing a digit. Uh,
(25:47):
the account went it was a Chase account.
Speaker 2 (25:49):
Okay, is that your wait? Wait wait, you made the mistake?
Is that correct?
Speaker 7 (25:53):
Yes? Okay, we caught the mistake within you know. The
owner calls said, hey, where's my mother. I'm like, hey,
I don't know. So we've looked into it and realized, okay,
there was only nine digits, not ten. Most accounts have
ten digits. So we we went. He went to Chase
himself at our customer and they said, sorry, we can't
(26:15):
help you out. You got to go to the company
that they had painted. Well, back and forth and back
and forth, and you know, wells Fargo is our main
bank that made the initial withdrawal from our account. But
it was like two hundred and fifty thousand dollars, so
a piece of that went into the Chase account incorrectly.
(26:37):
So we'd just been going round and round with Chase
on a local level to no avail. So at this
point I'm out the money. I had to make it
good to my car.
Speaker 2 (26:48):
How much How much are you out, Chris? Chris?
Speaker 5 (26:50):
How much are you out? Okay?
Speaker 2 (26:54):
And they're not cooperating at all. Where where did that
three thousand dollars go? Any idea?
Speaker 7 (26:59):
Yeah, yeah, well yeah we know the account number, but
of course for privacy lots, they can't tell me the
name on the account. But they said they they.
Speaker 2 (27:09):
Admit they put it into an account that had nine
numbers or ten numbers, and it was simply the wrong
account night night. So there are there are accounts that
have nine numbers apparently, okay, and they're and they're not
willing to pay you. All right? And how far up
the food chain have you gone.
Speaker 7 (27:32):
After going to local branches? You know, I'm getting mixed opinions.
I went to a local branch in end of December
and the lady said, oh, how do you start this process?
A month ago, we could have helped you. I'm like,
we tried, and they said no, So okay, I actually did.
I emailed the corporate office. I said, look, I need
(27:54):
this to be resolved, and they quickly opened up the
case and said, yeah, yeah, well look into it. And
then after about two more weeks they said no, well
we can't. We can't help you. There's non sufficient funds
in the account. I'm like, well, that's not my problem.
Speaker 2 (28:12):
Right, that's not okay. So here's what you get to do. Obviously,
you take them to court. I just don't know the
rules about taking a bank to court because the bank
is under all kinds of federal laws and those you know,
can you sue them a small claims court? Hell, I
don't know, and it could be that's the way to
go at this point. You also can complain to the
(28:36):
FDIIC and you can complain to the California banking authorities.
Have you done any of that?
Speaker 7 (28:42):
I haven't done that. I did look into small planes.
Speaker 2 (28:45):
At this point, do them both? Do them both go
after both of those avenues? And then and now I
don't know where to go at this point, I really
don't all it's yeah, all right, Michael, Hi, Michael, welcome. Yes, Hello, Yes,
what can I do for you? I have a quick question.
Speaker 6 (29:08):
So I had a worker's com case that closed two
and a half years ago, which I got fourteen percent
lifetime disability in case my injury reaggravated. Before I can
go back, about a month ago, I got a letter
for a deposition, and I'm trying to figure out why
(29:30):
would I get a letter?
Speaker 2 (29:31):
No idea? Have you contacted the lawyer who is asking
to depose you.
Speaker 6 (29:37):
Yes, I contacted my old lawyer and they said they
don't know.
Speaker 2 (29:41):
So they don't know why they asked you to sit
for a deposition.
Speaker 6 (29:47):
Correct, my old workers comp lawyer has no idea.
Speaker 2 (29:53):
Okay, how about the lawyer. There's a lawyer that is
sending you a demand for a deposition. Have you contacted
that lawyer or have you contacted who is asking for
the deposition? Whose name is on them?
Speaker 6 (30:09):
The lawyer and my old workplace.
Speaker 2 (30:14):
Okay, the lawyer four year old workplace. Well, do they
know that the case is closed?
Speaker 6 (30:21):
I have told them that numerous times. And then when
I called the other law firm that sent me the deposition,
they wouldn't talk to me.
Speaker 2 (30:30):
Okay, send an email out to everybody saying this case
was closed two years ago. Why do you want to
me go under? Why do you want me to be deposed?
And if they ignore it and they keep on going,
I'd go with a complaint with the state bar. I
mean they're going forward with a legal issue that has
(30:52):
already been disposed of. Just why. I mean that's abusive process.
I would argue that's harassment. So put it in an
email because they're gonna ignore the phone calls and just
ask why am I being deposed? And if they refuse
to answer, you immediately file with the state bar saying
I am now being harassed. This case was closed two
(31:13):
years ago. I can't think of anything else. Yeah, that's weird.
That's weird. Okay, I went to the end. I want
to end the hour talking about That's great news, isn't it?
Your horrible, disgusting bad breath which happens after you eat
a lot of food, including garlic and onions, which I do.
You wake up in the morning and good god, what
(31:35):
do you smell like? You can even smell your own
bad breath when that happens. So let me suggest, as
I have suggested, Zelman's minty mouth mints clinically tested against
even the toughest offenders, including garlic and onions. You pop
two or three in your mouth. There's a minty coating
around these little capsules, and then when the mint is gone,
(31:56):
you swallow the capsule where you bite into it, and
you now have fresh, clean breath that lasts four hours.
You know, if you feel have to brush your teeth
to get that wonderful fleck, you get the wonderful feeling
of fresh breath. This goes for hours. It also cleans
your breath in a way that other men simply can't.
I use them all the time. Obviously, I love them
(32:19):
because after the mint is gone, they go down to
your gut where they really get to work, and no
other mint does any of that. So if you order
a three pack, you're gonna get a fifteen percent discount automatically,
no codes or anything. Fifteen percent off right there when
you order a three pack. Go to Zelmans dot com,
(32:40):
z E L M I N S. Zelmans dot com,
slash kfi, Zelmans dot com, slash kfi. That's Zelman's I
love this company. Zelmans dot com, slash kfi. This is
Handle on the Law. You've been listening to the Bill
Handle Show. Catch My Show Monday through Friday, six am
(33:01):
to nine am, and anytime on demand on the iHeartRadio app.
Popular Podcasts
Stuff You Should Know
If you've ever wanted to know about champagne, satanism, the Stonewall Uprising, chaos theory, LSD, El Nino, true crime and Rosa Parks, then look no further. Josh and Chuck have you covered.
Dateline NBC
Current and classic episodes, featuring compelling true-crime mysteries, powerful documentaries and in-depth investigations. Follow now to get the latest episodes of Dateline NBC completely free, or subscribe to Dateline Premium for ad-free listening and exclusive bonus content: DatelinePremium.com
On Purpose with Jay Shetty
I’m Jay Shetty host of On Purpose the worlds #1 Mental Health podcast and I’m so grateful you found us. I started this podcast 5 years ago to invite you into conversations and workshops that are designed to help make you happier, healthier and more healed. I believe that when you (yes you) feel seen, heard and understood you’re able to deal with relationship struggles, work challenges and life’s ups and downs with more ease and grace. I interview experts, celebrities, thought leaders and athletes so that we can grow our mindset, build better habits and uncover a side of them we’ve never seen before. New episodes every Monday and Friday. Your support means the world to me and I don’t take it for granted — click the follow button and leave a review to help us spread the love with On Purpose. I can’t wait for you to listen to your first or 500th episode!