Episode Transcript
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Speaker 1 (00:01):
You're listening to Bill Handle on demand from KFI AM
six forty.
Speaker 2 (00:08):
And CAFI.
Speaker 3 (00:10):
Handle here at Saturday morning with a legal show right
up until eleven o'clock at eleven rich tomorrow with the
Tech show in this afternoon from two to five my
buddy Neil, Neil Savadra who is on My morning show
Monday through Friday and then his own show Saturday and
(00:31):
Solve Things food.
Speaker 2 (00:32):
Because Neil is a foody extraordinary phone number here.
Speaker 4 (00:36):
We have some lines that are open. Also, we have
some lines that are sitting there.
Speaker 2 (00:40):
Too, which is kind of neat eight hundred five two
zero one five to three four. Eight hundred five two
zero one five three four. This is Handle on the Law,
Marginal legal advice where I tell you you have absolutely
no case. Southern California, okay, where I happen to live.
(01:02):
If you are a tenant, California is a great place
to be.
Speaker 4 (01:06):
Lots and lots of protections.
Speaker 2 (01:08):
If you are a tenant in Los Angeles, lots and
lots of protections. This is best place it could.
Speaker 4 (01:16):
Be in the country. If you happen to be a tenant.
Speaker 2 (01:19):
We have rent control. There are all kinds of protections.
So here's another one. Okay, and this is I read
this and I'm going really well. Tenants usually have to
give first and last month's rent and then a security
deposit on top of that. And they change the rules
recently where the security deposit could be no more than
one month's rent.
Speaker 4 (01:41):
And that's pretty stiff.
Speaker 2 (01:44):
For tenants to come up with, especially if someone's been evicted.
I mean, if your rent is three thousand dollars, which
is not unusual here in southern California at all. And
we're not talking about any kind of a high end,
really roomy apartment, talking three six nine thousand dollars. There's
your check, nine thousand dollars. Well, what happens if you
(02:08):
don't have a refrigerator? Well, I'll grab one in the apartment,
because of course everybody has a refrigerator right that they
move into a in to a rental property. Nope, don't
need one. The law does not view it is a
necessity by the state. Now, water heating, yes, you have
(02:31):
to have hot water, you have to have heat. You
don't have to have air conditioning. So California law requires
any building with a dwelling in it read apartment building
to maintain certain characteristics in order to be tenable, and
that is adequate heating, hot water systems. The roofs can't leak, particularly,
(02:53):
the windows can't be too drafty, that sort of thing.
I'll tell you what is not legally required. Refrigerator stoves
are not required. Literally, you can walk into an apartment
without a refrigerator, without a stove, and you're on your own.
You got to put one in, Okay, Now, putting a
(03:15):
refrigerator in a stove if you think that's expensive. And
when you leave, by the way, now who says or
who then says, I'll take the refrigerator, I'll take the
stove because it's so damn heavy. And then you move
into an apartment that does have a refrigerator in stove. Now,
the properties that I've always been involved in, and that
(03:36):
is as a landlord, and I got out of.
Speaker 4 (03:37):
That business because I couldn't take it anymore.
Speaker 2 (03:40):
Not only a refrigerator in stove, of course, but also
washers and dryers I always provided, and if they had
to provide their own, I didn't want theirs. I didn't
want to repair issue. So now law has been introduced
saying refrigerators and stoves have to be offered as a necessity.
(04:01):
Makes sense?
Speaker 4 (04:03):
Okay, phone calls Malca.
Speaker 2 (04:06):
Do I have that right? Malca?
Speaker 5 (04:08):
Yes?
Speaker 6 (04:09):
You do?
Speaker 2 (04:10):
All right?
Speaker 4 (04:10):
What can I do for you, Malka, Well.
Speaker 7 (04:13):
It's a real estate question. My mother in law passed
away about twenty years ago, and before she died, she
developed dementia. So two of the eleven children took it
upon themselves to transfer her property into their name. So
now two siblings hold title through a parent child transfer.
Speaker 2 (04:34):
So well, how do they How do they do that
without obtaining a conservatorship or forging her name and having
a notary ascertained or a notary represent that that's her
and her signature.
Speaker 4 (04:48):
How was that possible?
Speaker 7 (04:49):
We have no idea.
Speaker 2 (04:51):
Okay, so I'm assuming it's a forgery. Okay, let's assume that,
all right, because I can't think of any other way
of doing it without a conservatorship the power. Okay, So
two of them, all right, So two of them owned
the property.
Speaker 8 (05:03):
Now what.
Speaker 4 (05:05):
Now?
Speaker 7 (05:05):
One of the siblings has remembered that the mother wanted
to distribute the proceeds of the sale of the property
to all eleven children, and the other siblings says, not
a chance, I'm keeping it. So we heard there's such
a thing as a partition.
Speaker 2 (05:24):
Actually, yeah, there is, but that's among but that's among owners,
and all it does is split the property. Where if
you're fifty to fifty one wants to sell one doesn't.
There's the partition and the property is then sold and
the money is split if someone owns the property. Okay,
(05:46):
let let's go back to the beginning. You have two
siblings that own the property. Correct, correct, correct, Okay, somehow
it's understood that mom originally wanted the entire property or
half the property split among eleven eleven kids.
Speaker 4 (06:00):
Correct, all the property, all the.
Speaker 2 (06:03):
Property, but it's not in writing. It's owned by two
of them, right.
Speaker 7 (06:09):
Right, So okay, was an attorney and we have sol because.
Speaker 2 (06:13):
That is correct.
Speaker 6 (06:14):
You are.
Speaker 2 (06:14):
But I'll tell you what if you weren't, I'm jumped,
be in the fray, and I become number twelve. Why not.
Speaker 4 (06:22):
Your mom wanted me to have the property too.
Speaker 2 (06:26):
H doesn't work that way.
Speaker 7 (06:27):
One of the siblings has recalled that.
Speaker 2 (06:30):
The mother doesn't matter.
Speaker 4 (06:31):
It doesn't matter in that sibling.
Speaker 2 (06:33):
If you want a partition, then that sibling takes his
or her half of the property and distributes it the
other one says no, I'm not interested.
Speaker 4 (06:40):
I'm keeping it, which you could do.
Speaker 7 (06:44):
Yeah, I was just I figured that was going to happen.
Speaker 2 (06:48):
That's exactly what happened. Okay, that's that's one of the rules. Oh,
she wanted me to have this property. What did the
will say? Well, the will said something else. Well, okay,
now what do you do? All right? Before we bail,
I want to tell you about your pain or someone
else's paining. Chronic pain. And when I talk about chronic pain,
(07:08):
that's pain all of the time. There is a podcast
out there that I want to share with you called
The Pain Game Podcast, and it is hosted by a
woman who suffers and has for the last dozen years,
chronic pain, I mean big time, twenty four hour a
day pain and deals with it and it's not easy
(07:28):
to do. I've seen this. I mean this is Lindsay,
who I'm married to, and I watch her. She's such
a trooper. It's beyond belief because she takes her pain
and actually uses her pain to better her life. I
know that's crazy, but it does work. And that's what
the Pain Game podcast is about. It actually helps people
deal with their pain and trauma. Whether you're suffering, a
(07:50):
family member, a loved one, a friend suffering, and says
here's how you can help. And boy does it help,
because usually reaching out folks to doctors with chronic pain
is very difficult that people just don't know enough about it,
certainly the medical world. So listen to the Pain Game Podcast.
Follow it on Instagram at the Pain Game Podcast at
(08:13):
the Pain Game Podcast.
Speaker 4 (08:15):
You won't be sorry. This is Handle on the Law KFI.
Speaker 2 (08:21):
Handle here on a Saturday morning, eight hundred five two
zero one five three four eight hundred five two zero
one five three four And welcome back. More handle on
the law right here, James, Hi've been waiting for a bit.
Welcome James. We're gonna do for you.
Speaker 5 (08:41):
Yeah, Bill, I got a mechanics lean against my property.
Well work that was never done on my property.
Speaker 4 (08:49):
Ah okay, yes. And did you have a contract with
a contractor?
Speaker 5 (08:57):
Not at all. They name a contractor in the but
I don't know who that person is.
Speaker 2 (09:01):
Ah okay, got it, got it all right. So I'm
assuming a mistake was made. So what you get to
do is call the contractor and simply say, have you
talked to the contractor yet?
Speaker 8 (09:18):
No?
Speaker 5 (09:18):
My son called the claimant, which is a supply company,
a supply material to the contractor.
Speaker 2 (09:25):
Okay, wait, so you got a preliminary notice from the
materials company. Correct, Yes, okay, fine, so that's then you're
not dealing with the contractor. You're dealing with the supply company.
And all you have to do is call him and say, hey, guys,
I have nothing to do with this project at all.
(09:47):
There is no contract I have, I'm not building anything.
You just came up with a name. Now, it could
be innocent. It could be that the information was given
to him by a fraudulent contractor who just came up
with a name. I have no idea and took materials.
It's to protect the subs, and the supplier of material
(10:07):
is considered one of under the law, one of the
subs that can file a preliminary notice of clean. So
you let them know you've got nothing to do with this,
and you say please remove it. And if they don't
remove it, as a matter of fact, you really want
them not to remove it, because if they know that
you are not a legitimate target of a preliminary notice.
Speaker 4 (10:29):
And they keep on going, you've got them.
Speaker 2 (10:32):
You have got them, and they are gonna get nailed.
And so you make the phone call, see what they say,
and call me back and next week or the week after,
and we'll talk about the next step and you're gonna
be in very good shape at that point.
Speaker 4 (10:44):
All right, Okay, try that, see if it works. Rook
interesting name, Rook.
Speaker 2 (10:51):
Are you there? Hello? Rook Oh?
Speaker 8 (10:57):
Rick?
Speaker 2 (10:58):
Oh it's Rick. I got a screen. They can't spill.
Speaker 4 (11:01):
Okay, Rick, it's not ro Okay, fair enough?
Speaker 2 (11:04):
What can I do for you? Rick?
Speaker 9 (11:07):
I got a situation where I built a pool in
nineteen ninety two in the city of Yorblinda, And now
I'm getting a call from a lawyer who wants to
do a deposition because apparently when we built a pool,
we ran into a sewer line, which we ended up
getting a permit for to reroute it. Now, when we
(11:29):
go in for permits, one of the first things they
do is to make sure we're not building a pool
into an easement. Okay, and they gave us permits. Now
he's wanting me to do a deposition that I don't
even remember he building up.
Speaker 4 (11:44):
I mean, who's he suing?
Speaker 9 (11:45):
Address on?
Speaker 2 (11:46):
Who is he suing?
Speaker 9 (11:47):
Rick? He's really not sane, but it sounds like the city, all.
Speaker 2 (11:52):
Right, in the city and he's opposing you. All right,
he's opposing you as a witness. All right, what's your question?
Speaker 9 (12:00):
Should I even get involved with that?
Speaker 2 (12:02):
I mean, oh yeah, yeah, yeah, you want to get involved?
You've been named? Is a deposition, You call him and
you can have an attorney or not, but just tell
them your story. You know here it is the permit.
I mean, they're they're suing the city for issuing the
permit I assume.
Speaker 9 (12:18):
Right, yeah, issuing the permit and allowing my pool to
be built into an aeasement, which.
Speaker 2 (12:25):
I okay, all right. All they're going to do is
ask you questions about it. You can bring an attorney.
You can bring an attorney, but if you are not
part of it, then I'm okay with you going to
a deposition, especially if you clearly have nothing wrong. Now
keep in mind information you given a deposition may very
(12:46):
well be used against you, and you may do.
Speaker 4 (12:49):
You have a homeowner's policy? Yeah, all right, call your
assurance company.
Speaker 2 (12:56):
Okay, yeah, call your insurance company because that made it
very well become and they may assign an attorney to
you and they'll say, you know, you don't show.
Speaker 8 (13:04):
Up or you.
Speaker 9 (13:06):
Yeah, but the fact that the city actually gave me
perion no.
Speaker 2 (13:09):
I understand. No, I understand, And that is a complete
defense as far as I'm concerned. But that is going
to have to be part of the mix. It's not
that that's not that complicated. But yeah, you don't ignore
any kind of legal document ever, ever, ever now. And
if an attorney says I'd like to for a subpoena,
and go fine, it's a subpoena, me. I mean, that's
a that's a legal document. That is something that is
(13:32):
sanctioned by the court. For an attorney calls you and says,
will you or can you? You don't have to you
don't have to do anything, an attorney says. But if
it's a document, a legal document, you bet.
Speaker 6 (13:45):
Hey.
Speaker 4 (13:45):
Let me tell you what just happened to me.
Speaker 2 (13:47):
The other day. I was switching credit cards and I
was getting one up and going for another one, and
so of course they run the credit and I happen
to be at the bank. I was doing some work,
and so I sat down with one of the manager
people and we went ahead and did it, and I
applied and he went ahead and ran the credit right
(14:09):
push the button boom credit report.
Speaker 4 (14:13):
It couldn't have been ten seconds.
Speaker 2 (14:15):
Later that LifeLock texted me and I got a phone
call saying your credit has just been run?
Speaker 4 (14:23):
Is this you?
Speaker 2 (14:24):
I mean, that's the kind of protection that LifeLock gives you.
It protects your identity, It protects going after your personal
information that whichever party out there should not be doing. LifeLock.
I mean, this is real protection because today our identity
is out there and it gets stolen, it gets used.
(14:47):
You want to protect yourself. And obviously I'm a fan
of LifeLock, been a customer for years and years, and
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Speaker 4 (15:09):
This is Handle on the law.
Speaker 1 (15:12):
You're listening to Bill Handle on Demand from KFI AM
six forty.
Speaker 2 (15:18):
Can't bie handle here on a Saturday morning, As we
continue on until eleven o'clock. Rich Tomorrow with the Tech
Show from eleven to two, and then Neil Savager, my
great great buddy, Sorry about the dog barking in the background.
I'm broadcasting from the house and I have a dog
that won't shut up.
Speaker 4 (15:39):
Sam, Can you hear the dog or is that just
me talking?
Speaker 2 (15:44):
Oh good? All right, So never mind, ladies and gentlemen
of the jury, please don't pay attention to anything. Handle just said,
where was i? Oh Neil Savadra from two to five today.
Speaker 4 (15:55):
With the Fork Report all things food.
Speaker 2 (15:57):
Phone numbers. We actually have lines open because I'm going
through these reasonably quickly, and the number is eight hundred
five to zero one five three four. Eight hundred five
two zero one five three four, And you're gonna get
right in because most of our lines are open.
Speaker 6 (16:12):
You know.
Speaker 2 (16:12):
Sometimes we're jammed for hours, two hours. I've even had
shows we're all three hours. You couldn't get in because
it started, and then sometimes you know, you never know.
This is absolutely the luck of the draw, because it's
a you guys control the show.
Speaker 4 (16:29):
This is what you do without you, I don't.
Speaker 2 (16:31):
I don't have much of a show, which is why
on my morning show I never take phone calls.
Speaker 4 (16:35):
See how that works. Eight hundred five two zero one
five three four.
Speaker 2 (16:40):
Welcome back. Handle on the law marginally marginal legal advice.
Speaker 10 (16:46):
Dave Hey, Dave, welcome, Hi Bill, Thank you to answering.
I've got a question regarding hazardous materials that blew into
my property in my home, my swimming pool from the
Polus very fire. Wind carried, wind, carried the contaminants down
(17:09):
the coastline, uh and deposited on my patio, my roof,
my swimming pool, et cetera. The rain, the rains that
came subsequently after that kind of washed the stuff off
of my roof and off of my patio. But my
swimming pool is contaminated with the smoke and debris from
(17:35):
the fire, and I've left it there intentionally. I'm trying
to get someone to come out here and test these
materials to see if they have lead or cadmium or
the other myriad of dangerous materials that were quoted during
the fires. And the Orange County Health Department doesn't seem
(17:56):
to give it.
Speaker 2 (17:56):
Damn, I call, are you you talking about the Palisades fires? Right?
Speaker 5 (18:02):
Yeah?
Speaker 2 (18:03):
Okay? And what does Orange County have to do with it?
Because this is it's La County.
Speaker 10 (18:08):
Lives in an Orange County. The wind carried the contaminants down.
Speaker 2 (18:13):
Oh oh, I see. No, you live, so the wind
carry the contaminants. H whoa that far away into Orange County?
And you think contaminating your pool and Orange County is
not doing anything about it?
Speaker 6 (18:25):
Right?
Speaker 5 (18:26):
Yeah?
Speaker 10 (18:26):
I was wearing a K ninety five mask for three
days and two nights.
Speaker 2 (18:31):
All right.
Speaker 4 (18:32):
So what what's your question?
Speaker 10 (18:36):
Well, the question is do you have any advice on
how I can get Orange County?
Speaker 8 (18:42):
Yeah?
Speaker 2 (18:42):
I do?
Speaker 10 (18:43):
Yeah, got interested?
Speaker 2 (18:45):
Yeah, of course you're not interesting because it costs the money. Yeah.
The only advice I can give you is get yourself tested.
Go to a testing lab and see what kind of
contaminants are in there. By the way, you ever thought
of just cleaning the pool, having a pool company out
there and draining the pool and you know, put in
tons of filters, replace them and get all the crap out.
Speaker 10 (19:07):
Well, no, because I've had two pool clinic companies out
here and they don't want to touch it. They say
it they're not hazardous waste handlers and they don't want
to Okay, they don't want the job.
Speaker 2 (19:18):
All right, So you now get to go to a
hazardous waste material company because I don't think Orange County
is going to do that I don't think the health
department is going to come out and do that unless
there's a department that does go out there, a hazardous
waste department. And if they're not willing to do it,
you get to go to the county government and you
(19:41):
go to the supervisor that represents you.
Speaker 10 (19:43):
Do that.
Speaker 2 (19:43):
You have done that.
Speaker 10 (19:44):
Channel Channel nine two nights ago had a story on
the Los Angeles County health departments concerned over the fact
that they're finding deposits, heavy deposits of lead distances away
from the found das of the homes that burned and
including many many miles away.
Speaker 4 (20:05):
Because okay, that's La County.
Speaker 2 (20:07):
Now it's a it's a different county, and it's a
different philosophy. That's you know, different counties just do it differently.
And if Orange County isn't going to do it, whichever
the Health Department of Orange County says, now I'm not interested,
then you have to do an end around. You're not
going to go to court and get a court order
saying that you have to that Orange County has to
(20:28):
do it, because that's thousands of dollars before you get
that court order. So you call a waste company. My house,
there this waste company. When I bought a home that
was built in nineteen twenty seven and there was asbestus.
When I was redoing the air conditioning, there was asbestos
in the ducting.
Speaker 4 (20:48):
I had to call a company to come in.
Speaker 2 (20:51):
And I spent those days thirty five hundred or four
thousand dollars. And this was thirty years ago, when four
thousand dollars actually it was money. So the other opportunity,
The other thing you do, and this is what I
would do, is go to your county supervisor. Every single
elected official, supervisor, council person has someone that does constituent relations.
(21:17):
Where you go, hey, I want to talk to the
constituent relations person, what can you do to help me?
And a phone call from the supervisor's office to building
in safety or to whatever agency deals with cleanup. That's
a very different animal than you calling because who the
hell cares about you.
Speaker 10 (21:34):
Reason the reason that I've left it in the pool
was before I had the pool demoed and cleaned up.
I wanted to see if, in fact I okay.
Speaker 2 (21:44):
But they're saying no. Day they're saying no, They're not interested.
They're not interested. So about what do you do? All right?
Speaker 4 (21:51):
You do what I told you to do.
Speaker 2 (21:53):
Either do it on your own or you go to
the supervisor. And you got contaminants flying around, go swimming,
and then people can take the temperature by shoving your
head down their throat because you're gonna have so much
mercury in your system.
Speaker 4 (22:11):
How are we doing for time?
Speaker 2 (22:12):
We're good?
Speaker 4 (22:13):
Hey, Steve, Well, welcome to handle on the law.
Speaker 8 (22:16):
Good morning, Thank you. I got a question about the
pros and cons of joining a class action. I have
a car that's subject to recall. The company says that
the fault may cause the fire, may destroy the engine.
The settlement there's the settlement on the class action, and
(22:39):
what the company is offering to do is replace the
engine if it's necessary, or uh, improve the sound sensor
in the engine to detect the knock. Okay, tell me.
Speaker 2 (22:53):
On what's what's your question? What's your Steve? What's your question?
Speaker 8 (23:00):
If we join a class action? You know, we don't
have a we don't have an engine problem yet. Right,
we joined their class action and we get the engine
problem next year? Are we out of lock?
Speaker 6 (23:13):
Uh?
Speaker 2 (23:14):
Yeah, you might be, you might be, But what's the
alternative here? You refuse to join the class action. Now
what do you do? Do you file an individual individual lawsuit?
Speaker 8 (23:24):
Yeah? No, clearly okay.
Speaker 2 (23:25):
You file an individual lawsuit saying this might happen to me.
It actually hasn't yet, So I'm suing for damages that
it might happen. Just like I walk across the street
and there's a car that's driving down the street and
I sue them.
Speaker 4 (23:41):
I sue the driver because I might get hit.
Speaker 8 (23:46):
Are we in a better posture if we don't have
the dealer, if it's.
Speaker 2 (23:53):
A recall, if it's a if it's a recall and
there and you have the opportunity to go in and
get the car fixed, and you purposely don't because there's
a difference between a situation where a car can cause
damage and there's not a recall and they figured out
it hadn't done it, and it does cause you damage,
it does blow up, it does like what your entire
(24:13):
vehicle on fire, whatever it is.
Speaker 4 (24:16):
But if it's a recall, why wouldn't you just go
in and get the car fixed.
Speaker 8 (24:20):
Well, they're not all they will determine if the engine right, okay.
Speaker 2 (24:26):
And if they determine it wrong, if they determine that
it's not it needs it. If they determined doesn't need it,
it turns out they did need it, and your car
blows up. You got a lawsuit because let me ask you,
is it your expertise to determine whether you need it
or not?
Speaker 4 (24:40):
Who's going to make that determination?
Speaker 8 (24:43):
Well, I'm incompetent, and I don't trust them.
Speaker 2 (24:46):
Well, hey, welcome to America. Boy, I've never heard that one.
I'm incompetent. I don't trust them by the way you
left off that they're incompetent too, good point. I don't
understand where he's coming from. You know, you look at
the frustration. You know I would too. All right, let
me tell here's frustrating is bad breath. And there you
(25:08):
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and over again. So you know, bad breath is part
of my life, except that it's not. And here's why
Zelman's been tea mouth. This is a mint sort of
kind of, but it's far more than a mynth.
Speaker 4 (25:30):
And I've known these people for thirty something years.
Speaker 2 (25:33):
What Zelmons is is these little capsules that are coated
with a very strong mint. You pop two or three
in your mouth, and then after the mint part is
gone and you have this fresh breath for a little while.
And then you swallow or bite into the capsules and
there's parsley seed oil inside and they get to work
in your gut where bad breath can does start and
(25:54):
stay there for long periods of time. With Zelmons, none
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(26:16):
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Speaker 4 (26:31):
This is KFI A M six.
Speaker 2 (26:33):
Forty KFI AM six forty handle here it is a
Saturday Morning eight hundred and five two zero one five
three four number to call and you get all kinds
of marginal legal advice. This is handle on the law
and back we go. Uh, Brandy, you're up, Welcome to
(26:56):
the show.
Speaker 6 (26:57):
Thanks for having me.
Speaker 7 (26:58):
Bill.
Speaker 2 (26:58):
Sure, what can I do for?
Speaker 6 (27:00):
Said?
Speaker 8 (27:01):
I bought a.
Speaker 6 (27:02):
Shed from somebody I don't know on marketplace, Facebook, marketplace,
and apparently she didn't pay it off. She bought it
from a rent to own company and the person who
moved the shed for me supposedly got the REPO on
his desk six months later, and then he gave the
company my information and they're trying to get the shed
(27:25):
for me.
Speaker 10 (27:26):
Can they do that?
Speaker 7 (27:27):
I don't have a contract with the cake.
Speaker 2 (27:29):
Yeah, I know, I don't think so. I think all
they can do is sue the person that didn't pay them,
because you don't have a contract.
Speaker 4 (27:35):
With them, right and yeah, I don't think.
Speaker 2 (27:39):
Yeah, you can tell them go ahead and sue me,
but based on what well the person delivered a shed
to me.
Speaker 7 (27:44):
Okay, but it has nothing to do with you.
Speaker 2 (27:48):
Yeah, Now, if they kept ownership of it, if there
was some kind of security with it, they could come
after that at and go for it. But no, I
don't think you simply tell the company I don't have
a contract with you. Well, we can come in and
pick it up. No, you can't. On what basis can
you come in and pick it up? You're gonna come
on my property and pick up a shed that you
(28:12):
don't have a contract to me. That's trespassing. Perfect, that's
what You'll be fine? Yeah, you law? I mean, where
do you live unless there's law? I mean, if you're
in you know, Texas or Tennessee or something, you know,
one of the deep blue the states where they let
you do that.
Speaker 4 (28:29):
But in California, right, Nope, Illinois, I think, yeah, I.
Speaker 2 (28:36):
Think they're not gonna do that in Illinois. You know
it's Illinois. I mean, when's the last time you had,
you know, squirrel soup? Realistically, it's been a minute. Yeah,
you see there you go. No, I think you're fine. Yeah,
they just can't come. You know, we didn't get paid
for our shed, therefore we want it back from you.
What are you talking about?
Speaker 4 (28:57):
Set the guy you know, Sue the guy you sold
it to. Louis Hi, Louis welcome.
Speaker 2 (29:05):
Bill.
Speaker 7 (29:06):
I got a no fault eviction on my door.
Speaker 2 (29:11):
Okay, Notice it says no fault eviction.
Speaker 5 (29:15):
The owner intending to move in.
Speaker 4 (29:18):
Yeah, and does it actually say no fault eviction on it?
Speaker 2 (29:22):
Yes, that's weird. Yeah, you know it's yeah, Okay, okay,
I'm just never seen one that says no fault eviction.
Now it is a no fault eviction. You're not being
You're not being tossed because of nonpayment. You're not being
tossed because somehow you breach the lease. What you're being
tossed for is what's allowable in the law. Under law,
(29:43):
I'm moving in. It's my place, Louis, Where do you live?
Speaker 5 (29:49):
This the is San Diego, and this San Diego?
Speaker 2 (29:52):
All right? Now, Uh, it depends on where you live.
And there are a lot of jurisdictions that say that
you can't be evicted if you're making sure that you
are not breaching the lease, if you're making if you're
making payments, et cetera, you can't be evicted. Are there
exceptions to it? You bet? For example, a family member
(30:16):
moving into that unit. That's the basis for eviction. Now
there is money that you get there. Someone's going to
write you a check for several thousand dollars. How long, Louis,
have you been in that apartment.
Speaker 5 (30:35):
Oh, it's a house.
Speaker 2 (30:36):
It's how long have you been in the house?
Speaker 9 (30:37):
Years?
Speaker 8 (30:38):
How long years?
Speaker 2 (30:41):
You're probably get I think you're going to get five
thousand dollars relocation money.
Speaker 8 (30:45):
Well that doesn't get me far over here.
Speaker 2 (30:48):
Yeah, but they can throw it. But you know what,
but Louis, they can't evict you with a family member
moving in. That's legit, that's allowed under the law. And
you don't have a defense. The only defense you have
is that they're not moving in. However, that comes up
when they don't move in, if they rent to someone else.
(31:08):
I mean, you got him. I mean what a lawsuit
you have. But short of that, you don't so moving
in the owners he's over one hundred years old, and
he doesn't matter.
Speaker 4 (31:18):
He could be one hundred and fifty years old.
Speaker 7 (31:21):
No, I don't don't think he's going to move in.
Speaker 2 (31:23):
Well, then that's different. Then that's now, that's different. Now.
The other issue is he intends on moving in and
he dies, then you don't have to leave. Then you're
home free.
Speaker 4 (31:33):
Yeah, then you're then you're fine. One hundred years old
not bad. Okay, let me see if I have anything
to do it right now? No, I don't. Oh yes
I do.
Speaker 2 (31:47):
Uh, nope, I don't. All right, I'm a little screwed up.
Speaker 4 (31:50):
With a copy today.
Speaker 2 (31:52):
So when we get out of here and do hour
number two, coming right up, this is Handle on the Law.
You've been listening to the Bill Handle Show. 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 KFI AM
six forty.
Speaker 2 (00:08):
And CAFI.
Speaker 3 (00:10):
Handle here at Saturday morning with a legal show right
up until eleven o'clock at eleven rich tomorrow with the
Tech show in this afternoon from two to five my
buddy Neil, Neil Savadra who is on My morning show
Monday through Friday and then his own show Saturday and
(00:31):
Solve Things food.
Speaker 2 (00:32):
Because Neil is a foody extraordinary phone number here.
Speaker 4 (00:36):
We have some lines that are open. Also, we have
some lines that are sitting there.
Speaker 2 (00:40):
Too, which is kind of neat eight hundred five two
zero one five to three four. Eight hundred five two
zero one five three four. This is Handle on the Law,
Marginal legal advice where I tell you you have absolutely
no case. Southern California, okay, where I happen to live.
(01:02):
If you are a tenant, California is a great place
to be.
Speaker 4 (01:06):
Lots and lots of protections.
Speaker 2 (01:08):
If you are a tenant in Los Angeles, lots and
lots of protections. This is best place it could.
Speaker 4 (01:16):
Be in the country. If you happen to be a tenant.
Speaker 2 (01:19):
We have rent control. There are all kinds of protections.
So here's another one. Okay, and this is I read
this and I'm going really well. Tenants usually have to
give first and last month's rent and then a security
deposit on top of that. And they change the rules
recently where the security deposit could be no more than
one month's rent.
Speaker 4 (01:41):
And that's pretty stiff.
Speaker 2 (01:44):
For tenants to come up with, especially if someone's been evicted.
I mean, if your rent is three thousand dollars, which
is not unusual here in southern California at all. And
we're not talking about any kind of a high end,
really roomy apartment, talking three six nine thousand dollars. There's
your check, nine thousand dollars. Well, what happens if you
(02:08):
don't have a refrigerator? Well, I'll grab one in the apartment,
because of course everybody has a refrigerator right that they
move into a in to a rental property. Nope, don't
need one. The law does not view it is a
necessity by the state. Now, water heating, yes, you have
(02:31):
to have hot water, you have to have heat. You
don't have to have air conditioning. So California law requires
any building with a dwelling in it read apartment building
to maintain certain characteristics in order to be tenable, and
that is adequate heating, hot water systems. The roofs can't leak, particularly,
(02:53):
the windows can't be too drafty, that sort of thing.
I'll tell you what is not legally required. Refrigerator stoves
are not required. Literally, you can walk into an apartment
without a refrigerator, without a stove, and you're on your own.
You got to put one in, Okay, Now, putting a
(03:15):
refrigerator in a stove if you think that's expensive. And
when you leave, by the way, now who says or
who then says, I'll take the refrigerator, I'll take the
stove because it's so damn heavy. And then you move
into an apartment that does have a refrigerator in stove. Now,
the properties that I've always been involved in, and that
(03:36):
is as a landlord, and I got out of.
Speaker 4 (03:37):
That business because I couldn't take it anymore.
Speaker 2 (03:40):
Not only a refrigerator in stove, of course, but also
washers and dryers I always provided, and if they had
to provide their own, I didn't want theirs. I didn't
want to repair issue. So now law has been introduced
saying refrigerators and stoves have to be offered as a necessity.
(04:01):
Makes sense?
Speaker 4 (04:03):
Okay, phone calls Malca.
Speaker 2 (04:06):
Do I have that right? Malca?
Speaker 5 (04:08):
Yes?
Speaker 6 (04:09):
You do?
Speaker 2 (04:10):
All right?
Speaker 4 (04:10):
What can I do for you, Malka, Well.
Speaker 7 (04:13):
It's a real estate question. My mother in law passed
away about twenty years ago, and before she died, she
developed dementia. So two of the eleven children took it
upon themselves to transfer her property into their name. So
now two siblings hold title through a parent child transfer.
Speaker 2 (04:34):
So well, how do they How do they do that
without obtaining a conservatorship or forging her name and having
a notary ascertained or a notary represent that that's her
and her signature.
Speaker 4 (04:48):
How was that possible?
Speaker 7 (04:49):
We have no idea.
Speaker 2 (04:51):
Okay, so I'm assuming it's a forgery. Okay, let's assume that,
all right, because I can't think of any other way
of doing it without a conservatorship the power. Okay, So
two of them, all right, So two of them owned
the property.
Speaker 8 (05:03):
Now what.
Speaker 4 (05:05):
Now?
Speaker 7 (05:05):
One of the siblings has remembered that the mother wanted
to distribute the proceeds of the sale of the property
to all eleven children, and the other siblings says, not
a chance, I'm keeping it. So we heard there's such
a thing as a partition.
Speaker 2 (05:24):
Actually, yeah, there is, but that's among but that's among owners,
and all it does is split the property. Where if
you're fifty to fifty one wants to sell one doesn't.
There's the partition and the property is then sold and
the money is split if someone owns the property. Okay,
(05:46):
let let's go back to the beginning. You have two
siblings that own the property. Correct, correct, correct, Okay, somehow
it's understood that mom originally wanted the entire property or
half the property split among eleven eleven kids.
Speaker 4 (06:00):
Correct, all the property, all the.
Speaker 2 (06:03):
Property, but it's not in writing. It's owned by two
of them, right.
Speaker 7 (06:09):
Right, So okay, was an attorney and we have sol because.
Speaker 2 (06:13):
That is correct.
Speaker 6 (06:14):
You are.
Speaker 2 (06:14):
But I'll tell you what if you weren't, I'm jumped,
be in the fray, and I become number twelve. Why not.
Speaker 4 (06:22):
Your mom wanted me to have the property too.
Speaker 2 (06:26):
H doesn't work that way.
Speaker 7 (06:27):
One of the siblings has recalled that.
Speaker 2 (06:30):
The mother doesn't matter.
Speaker 4 (06:31):
It doesn't matter in that sibling.
Speaker 2 (06:33):
If you want a partition, then that sibling takes his
or her half of the property and distributes it the
other one says no, I'm not interested.
Speaker 4 (06:40):
I'm keeping it, which you could do.
Speaker 7 (06:44):
Yeah, I was just I figured that was going to happen.
Speaker 2 (06:48):
That's exactly what happened. Okay, that's that's one of the rules. Oh,
she wanted me to have this property. What did the
will say? Well, the will said something else. Well, okay,
now what do you do? All right? Before we bail,
I want to tell you about your pain or someone
else's paining. Chronic pain. And when I talk about chronic pain,
(07:08):
that's pain all of the time. There is a podcast
out there that I want to share with you called
The Pain Game Podcast, and it is hosted by a
woman who suffers and has for the last dozen years,
chronic pain, I mean big time, twenty four hour a
day pain and deals with it and it's not easy
(07:28):
to do. I've seen this. I mean this is Lindsay,
who I'm married to, and I watch her. She's such
a trooper. It's beyond belief because she takes her pain
and actually uses her pain to better her life. I
know that's crazy, but it does work. And that's what
the Pain Game podcast is about. It actually helps people
deal with their pain and trauma. Whether you're suffering, a
(07:50):
family member, a loved one, a friend suffering, and says
here's how you can help. And boy does it help,
because usually reaching out folks to doctors with chronic pain
is very difficult that people just don't know enough about it,
certainly the medical world. So listen to the Pain Game Podcast.
Follow it on Instagram at the Pain Game Podcast at
(08:13):
the Pain Game Podcast.
Speaker 4 (08:15):
You won't be sorry. This is Handle on the Law KFI.
Speaker 2 (08:21):
Handle here on a Saturday morning, eight hundred five two
zero one five three four eight hundred five two zero
one five three four And welcome back. More handle on
the law right here, James, Hi've been waiting for a bit.
Welcome James. We're gonna do for you.
Speaker 5 (08:41):
Yeah, Bill, I got a mechanics lean against my property.
Well work that was never done on my property.
Speaker 4 (08:49):
Ah okay, yes. And did you have a contract with
a contractor?
Speaker 5 (08:57):
Not at all. They name a contractor in the but
I don't know who that person is.
Speaker 2 (09:01):
Ah okay, got it, got it all right. So I'm
assuming a mistake was made. So what you get to
do is call the contractor and simply say, have you
talked to the contractor yet?
Speaker 8 (09:18):
No?
Speaker 5 (09:18):
My son called the claimant, which is a supply company,
a supply material to the contractor.
Speaker 2 (09:25):
Okay, wait, so you got a preliminary notice from the
materials company. Correct, Yes, okay, fine, so that's then you're
not dealing with the contractor. You're dealing with the supply company.
And all you have to do is call him and say, hey, guys,
I have nothing to do with this project at all.
(09:47):
There is no contract I have, I'm not building anything.
You just came up with a name. Now, it could
be innocent. It could be that the information was given
to him by a fraudulent contractor who just came up
with a name. I have no idea and took materials.
It's to protect the subs, and the supplier of material
(10:07):
is considered one of under the law, one of the
subs that can file a preliminary notice of clean. So
you let them know you've got nothing to do with this,
and you say please remove it. And if they don't
remove it, as a matter of fact, you really want
them not to remove it, because if they know that
you are not a legitimate target of a preliminary notice.
Speaker 4 (10:29):
And they keep on going, you've got them.
Speaker 2 (10:32):
You have got them, and they are gonna get nailed.
And so you make the phone call, see what they say,
and call me back and next week or the week after,
and we'll talk about the next step and you're gonna
be in very good shape at that point.
Speaker 4 (10:44):
All right, Okay, try that, see if it works. Rook
interesting name, Rook.
Speaker 2 (10:51):
Are you there? Hello? Rook Oh?
Speaker 8 (10:57):
Rick?
Speaker 2 (10:58):
Oh it's Rick. I got a screen. They can't spill.
Speaker 4 (11:01):
Okay, Rick, it's not ro Okay, fair enough?
Speaker 2 (11:04):
What can I do for you? Rick?
Speaker 9 (11:07):
I got a situation where I built a pool in
nineteen ninety two in the city of Yorblinda, And now
I'm getting a call from a lawyer who wants to
do a deposition because apparently when we built a pool,
we ran into a sewer line, which we ended up
getting a permit for to reroute it. Now, when we
(11:29):
go in for permits, one of the first things they
do is to make sure we're not building a pool
into an easement. Okay, and they gave us permits. Now
he's wanting me to do a deposition that I don't
even remember he building up.
Speaker 4 (11:44):
I mean, who's he suing?
Speaker 9 (11:45):
Address on?
Speaker 2 (11:46):
Who is he suing?
Speaker 9 (11:47):
Rick? He's really not sane, but it sounds like the city, all.
Speaker 2 (11:52):
Right, in the city and he's opposing you. All right,
he's opposing you as a witness. All right, what's your question?
Speaker 9 (12:00):
Should I even get involved with that?
Speaker 2 (12:02):
I mean, oh yeah, yeah, yeah, you want to get involved?
You've been named? Is a deposition, You call him and
you can have an attorney or not, but just tell
them your story. You know here it is the permit.
I mean, they're they're suing the city for issuing the
permit I assume.
Speaker 9 (12:18):
Right, yeah, issuing the permit and allowing my pool to
be built into an aeasement, which.
Speaker 2 (12:25):
I okay, all right. All they're going to do is
ask you questions about it. You can bring an attorney.
You can bring an attorney, but if you are not
part of it, then I'm okay with you going to
a deposition, especially if you clearly have nothing wrong. Now
keep in mind information you given a deposition may very
(12:46):
well be used against you, and you may do.
Speaker 4 (12:49):
You have a homeowner's policy? Yeah, all right, call your
assurance company.
Speaker 2 (12:56):
Okay, yeah, call your insurance company because that made it
very well become and they may assign an attorney to
you and they'll say, you know, you don't show.
Speaker 8 (13:04):
Up or you.
Speaker 9 (13:06):
Yeah, but the fact that the city actually gave me
perion no.
Speaker 2 (13:09):
I understand. No, I understand, And that is a complete
defense as far as I'm concerned. But that is going
to have to be part of the mix. It's not
that that's not that complicated. But yeah, you don't ignore
any kind of legal document ever, ever, ever now. And
if an attorney says I'd like to for a subpoena,
and go fine, it's a subpoena, me. I mean, that's
a that's a legal document. That is something that is
(13:32):
sanctioned by the court. For an attorney calls you and says,
will you or can you? You don't have to you
don't have to do anything, an attorney says. But if
it's a document, a legal document, you bet.
Speaker 6 (13:45):
Hey.
Speaker 4 (13:45):
Let me tell you what just happened to me.
Speaker 2 (13:47):
The other day. I was switching credit cards and I
was getting one up and going for another one, and
so of course they run the credit and I happen
to be at the bank. I was doing some work,
and so I sat down with one of the manager
people and we went ahead and did it, and I
applied and he went ahead and ran the credit right
(14:09):
push the button boom credit report.
Speaker 4 (14:13):
It couldn't have been ten seconds.
Speaker 2 (14:15):
Later that LifeLock texted me and I got a phone
call saying your credit has just been run?
Speaker 4 (14:23):
Is this you?
Speaker 2 (14:24):
I mean, that's the kind of protection that LifeLock gives you.
It protects your identity, It protects going after your personal
information that whichever party out there should not be doing. LifeLock.
I mean, this is real protection because today our identity
is out there and it gets stolen, it gets used.
(14:47):
You want to protect yourself. And obviously I'm a fan
of LifeLock, been a customer for years and years, and
if you join now you'll get forty percent off your
first year using handle as your promo code. So call
eight hundred LifeLock Mention, Handle that your promo code and
you get forty percent off. Or go to LifeLock dot
com LifeLock dot com promo code Handle.
Speaker 4 (15:09):
This is Handle on the law.
Speaker 1 (15:12):
You're listening to Bill Handle on Demand from KFI AM
six forty.
Speaker 2 (15:18):
Can't bie handle here on a Saturday morning, As we
continue on until eleven o'clock. Rich Tomorrow with the Tech
Show from eleven to two, and then Neil Savager, my
great great buddy, Sorry about the dog barking in the background.
I'm broadcasting from the house and I have a dog
that won't shut up.
Speaker 4 (15:39):
Sam, Can you hear the dog or is that just
me talking?
Speaker 2 (15:44):
Oh good? All right, So never mind, ladies and gentlemen
of the jury, please don't pay attention to anything. Handle just said,
where was i? Oh Neil Savadra from two to five today.
Speaker 4 (15:55):
With the Fork Report all things food.
Speaker 2 (15:57):
Phone numbers. We actually have lines open because I'm going
through these reasonably quickly, and the number is eight hundred
five to zero one five three four. Eight hundred five
two zero one five three four, And you're gonna get
right in because most of our lines are open.
Speaker 6 (16:12):
You know.
Speaker 2 (16:12):
Sometimes we're jammed for hours, two hours. I've even had
shows we're all three hours. You couldn't get in because
it started, and then sometimes you know, you never know.
This is absolutely the luck of the draw, because it's
a you guys control the show.
Speaker 4 (16:29):
This is what you do without you, I don't.
Speaker 2 (16:31):
I don't have much of a show, which is why
on my morning show I never take phone calls.
Speaker 4 (16:35):
See how that works. Eight hundred five two zero one
five three four.
Speaker 2 (16:40):
Welcome back. Handle on the law marginally marginal legal advice.
Speaker 10 (16:46):
Dave Hey, Dave, welcome, Hi Bill, Thank you to answering.
I've got a question regarding hazardous materials that blew into
my property in my home, my swimming pool from the
Polus very fire. Wind carried, wind, carried the contaminants down
(17:09):
the coastline, uh and deposited on my patio, my roof,
my swimming pool, et cetera. The rain, the rains that
came subsequently after that kind of washed the stuff off
of my roof and off of my patio. But my
swimming pool is contaminated with the smoke and debris from
(17:35):
the fire, and I've left it there intentionally. I'm trying
to get someone to come out here and test these
materials to see if they have lead or cadmium or
the other myriad of dangerous materials that were quoted during
the fires. And the Orange County Health Department doesn't seem
(17:56):
to give it.
Speaker 2 (17:56):
Damn, I call, are you you talking about the Palisades fires? Right?
Speaker 5 (18:02):
Yeah?
Speaker 2 (18:03):
Okay? And what does Orange County have to do with it?
Because this is it's La County.
Speaker 10 (18:08):
Lives in an Orange County. The wind carried the contaminants down.
Speaker 2 (18:13):
Oh oh, I see. No, you live, so the wind
carry the contaminants. H whoa that far away into Orange County?
And you think contaminating your pool and Orange County is
not doing anything about it?
Speaker 6 (18:25):
Right?
Speaker 5 (18:26):
Yeah?
Speaker 10 (18:26):
I was wearing a K ninety five mask for three
days and two nights.
Speaker 2 (18:31):
All right.
Speaker 4 (18:32):
So what what's your question?
Speaker 10 (18:36):
Well, the question is do you have any advice on
how I can get Orange County?
Speaker 8 (18:42):
Yeah?
Speaker 2 (18:42):
I do?
Speaker 10 (18:43):
Yeah, got interested?
Speaker 2 (18:45):
Yeah, of course you're not interesting because it costs the money. Yeah.
The only advice I can give you is get yourself tested.
Go to a testing lab and see what kind of
contaminants are in there. By the way, you ever thought
of just cleaning the pool, having a pool company out
there and draining the pool and you know, put in
tons of filters, replace them and get all the crap out.
Speaker 10 (19:07):
Well, no, because I've had two pool clinic companies out
here and they don't want to touch it. They say
it they're not hazardous waste handlers and they don't want
to Okay, they don't want the job.
Speaker 2 (19:18):
All right, So you now get to go to a
hazardous waste material company because I don't think Orange County
is going to do that I don't think the health
department is going to come out and do that unless
there's a department that does go out there, a hazardous
waste department. And if they're not willing to do it,
you get to go to the county government and you
(19:41):
go to the supervisor that represents you.
Speaker 10 (19:43):
Do that.
Speaker 2 (19:43):
You have done that.
Speaker 10 (19:44):
Channel Channel nine two nights ago had a story on
the Los Angeles County health departments concerned over the fact
that they're finding deposits, heavy deposits of lead distances away
from the found das of the homes that burned and
including many many miles away.
Speaker 4 (20:05):
Because okay, that's La County.
Speaker 2 (20:07):
Now it's a it's a different county, and it's a
different philosophy. That's you know, different counties just do it differently.
And if Orange County isn't going to do it, whichever
the Health Department of Orange County says, now I'm not interested,
then you have to do an end around. You're not
going to go to court and get a court order
saying that you have to that Orange County has to
(20:28):
do it, because that's thousands of dollars before you get
that court order. So you call a waste company. My house,
there this waste company. When I bought a home that
was built in nineteen twenty seven and there was asbestus.
When I was redoing the air conditioning, there was asbestos
in the ducting.
Speaker 4 (20:48):
I had to call a company to come in.
Speaker 2 (20:51):
And I spent those days thirty five hundred or four
thousand dollars. And this was thirty years ago, when four
thousand dollars actually it was money. So the other opportunity,
The other thing you do, and this is what I
would do, is go to your county supervisor. Every single
elected official, supervisor, council person has someone that does constituent relations.
(21:17):
Where you go, hey, I want to talk to the
constituent relations person, what can you do to help me?
And a phone call from the supervisor's office to building
in safety or to whatever agency deals with cleanup. That's
a very different animal than you calling because who the
hell cares about you.
Speaker 10 (21:34):
Reason the reason that I've left it in the pool
was before I had the pool demoed and cleaned up.
I wanted to see if, in fact I okay.
Speaker 2 (21:44):
But they're saying no. Day they're saying no, They're not interested.
They're not interested. So about what do you do? All right?
Speaker 4 (21:51):
You do what I told you to do.
Speaker 2 (21:53):
Either do it on your own or you go to
the supervisor. And you got contaminants flying around, go swimming,
and then people can take the temperature by shoving your
head down their throat because you're gonna have so much
mercury in your system.
Speaker 4 (22:11):
How are we doing for time?
Speaker 2 (22:12):
We're good?
Speaker 4 (22:13):
Hey, Steve, Well, welcome to handle on the law.
Speaker 8 (22:16):
Good morning, Thank you. I got a question about the
pros and cons of joining a class action. I have
a car that's subject to recall. The company says that
the fault may cause the fire, may destroy the engine.
The settlement there's the settlement on the class action, and
(22:39):
what the company is offering to do is replace the
engine if it's necessary, or uh, improve the sound sensor
in the engine to detect the knock. Okay, tell me.
Speaker 2 (22:53):
On what's what's your question? What's your Steve? What's your question?
Speaker 8 (23:00):
If we join a class action? You know, we don't
have a we don't have an engine problem yet. Right,
we joined their class action and we get the engine
problem next year? Are we out of lock?
Speaker 6 (23:13):
Uh?
Speaker 2 (23:14):
Yeah, you might be, you might be, But what's the
alternative here? You refuse to join the class action. Now
what do you do? Do you file an individual individual lawsuit?
Speaker 8 (23:24):
Yeah? No, clearly okay.
Speaker 2 (23:25):
You file an individual lawsuit saying this might happen to me.
It actually hasn't yet, So I'm suing for damages that
it might happen. Just like I walk across the street
and there's a car that's driving down the street and
I sue them.
Speaker 4 (23:41):
I sue the driver because I might get hit.
Speaker 8 (23:46):
Are we in a better posture if we don't have
the dealer, if it's.
Speaker 2 (23:53):
A recall, if it's a if it's a recall and
there and you have the opportunity to go in and
get the car fixed, and you purposely don't because there's
a difference between a situation where a car can cause
damage and there's not a recall and they figured out
it hadn't done it, and it does cause you damage,
it does blow up, it does like what your entire
(24:13):
vehicle on fire, whatever it is.
Speaker 4 (24:16):
But if it's a recall, why wouldn't you just go
in and get the car fixed.
Speaker 8 (24:20):
Well, they're not all they will determine if the engine right, okay.
Speaker 2 (24:26):
And if they determine it wrong, if they determine that
it's not it needs it. If they determined doesn't need it,
it turns out they did need it, and your car
blows up. You got a lawsuit because let me ask you,
is it your expertise to determine whether you need it
or not?
Speaker 4 (24:40):
Who's going to make that determination?
Speaker 8 (24:43):
Well, I'm incompetent, and I don't trust them.
Speaker 2 (24:46):
Well, hey, welcome to America. Boy, I've never heard that one.
I'm incompetent. I don't trust them by the way you
left off that they're incompetent too, good point. I don't
understand where he's coming from. You know, you look at
the frustration. You know I would too. All right, let
me tell here's frustrating is bad breath. And there you
(25:08):
are reeking and onions garlic, which I love and I
eat lots and lots of it. Matter of fact, I'll
quite often have my onions simmered in garlic, just over
and over again. So you know, bad breath is part
of my life, except that it's not. And here's why
Zelman's been tea mouth. This is a mint sort of
kind of, but it's far more than a mynth.
Speaker 4 (25:30):
And I've known these people for thirty something years.
Speaker 2 (25:33):
What Zelmons is is these little capsules that are coated
with a very strong mint. You pop two or three
in your mouth, and then after the mint part is
gone and you have this fresh breath for a little while.
And then you swallow or bite into the capsules and
there's parsley seed oil inside and they get to work
in your gut where bad breath can does start and
(25:54):
stay there for long periods of time. With Zelmons, none
of that happens. I mean, it gets rid of your
breath and you have this fresh breath. It's a functional
breath freshener. Now you may not know what that means,
but bottom line is you'll have fresh breath for hours
and hours. That's Zelman's and right now until the end
of the month, if you buy a three pack, you
(26:16):
get fifteen percent automatically off fifteen percent discount with a
three pack. Go to Zelman's Z E L M I
N S. Zellmans dot com slash KFI. That's Zellman's dot
com slash KFI.
Speaker 4 (26:31):
This is KFI A M six.
Speaker 2 (26:33):
Forty KFI AM six forty handle here it is a
Saturday Morning eight hundred and five two zero one five
three four number to call and you get all kinds
of marginal legal advice. This is handle on the law
and back we go. Uh, Brandy, you're up, Welcome to
(26:56):
the show.
Speaker 6 (26:57):
Thanks for having me.
Speaker 7 (26:58):
Bill.
Speaker 2 (26:58):
Sure, what can I do for?
Speaker 6 (27:00):
Said?
Speaker 8 (27:01):
I bought a.
Speaker 6 (27:02):
Shed from somebody I don't know on marketplace, Facebook, marketplace,
and apparently she didn't pay it off. She bought it
from a rent to own company and the person who
moved the shed for me supposedly got the REPO on
his desk six months later, and then he gave the
company my information and they're trying to get the shed
(27:25):
for me.
Speaker 10 (27:26):
Can they do that?
Speaker 7 (27:27):
I don't have a contract with the cake.
Speaker 2 (27:29):
Yeah, I know, I don't think so. I think all
they can do is sue the person that didn't pay them,
because you don't have a contract.
Speaker 4 (27:35):
With them, right and yeah, I don't think.
Speaker 2 (27:39):
Yeah, you can tell them go ahead and sue me,
but based on what well the person delivered a shed
to me.
Speaker 7 (27:44):
Okay, but it has nothing to do with you.
Speaker 2 (27:48):
Yeah, Now, if they kept ownership of it, if there
was some kind of security with it, they could come
after that at and go for it. But no, I
don't think you simply tell the company I don't have
a contract with you. Well, we can come in and
pick it up. No, you can't. On what basis can
you come in and pick it up? You're gonna come
on my property and pick up a shed that you
(28:12):
don't have a contract to me. That's trespassing. Perfect, that's
what You'll be fine? Yeah, you law? I mean, where
do you live unless there's law? I mean, if you're
in you know, Texas or Tennessee or something, you know,
one of the deep blue the states where they let
you do that.
Speaker 4 (28:29):
But in California, right, Nope, Illinois, I think, yeah, I.
Speaker 2 (28:36):
Think they're not gonna do that in Illinois. You know
it's Illinois. I mean, when's the last time you had,
you know, squirrel soup? Realistically, it's been a minute. Yeah,
you see there you go. No, I think you're fine. Yeah,
they just can't come. You know, we didn't get paid
for our shed, therefore we want it back from you.
What are you talking about?
Speaker 4 (28:57):
Set the guy you know, Sue the guy you sold
it to. Louis Hi, Louis welcome.
Speaker 2 (29:05):
Bill.
Speaker 7 (29:06):
I got a no fault eviction on my door.
Speaker 2 (29:11):
Okay, Notice it says no fault eviction.
Speaker 5 (29:15):
The owner intending to move in.
Speaker 4 (29:18):
Yeah, and does it actually say no fault eviction on it?
Speaker 2 (29:22):
Yes, that's weird. Yeah, you know it's yeah, Okay, okay,
I'm just never seen one that says no fault eviction.
Now it is a no fault eviction. You're not being
You're not being tossed because of nonpayment. You're not being
tossed because somehow you breach the lease. What you're being
tossed for is what's allowable in the law. Under law,
(29:43):
I'm moving in. It's my place, Louis, Where do you live?
Speaker 5 (29:49):
This the is San Diego, and this San Diego?
Speaker 2 (29:52):
All right? Now, Uh, it depends on where you live.
And there are a lot of jurisdictions that say that
you can't be evicted if you're making sure that you
are not breaching the lease, if you're making if you're
making payments, et cetera, you can't be evicted. Are there
exceptions to it? You bet? For example, a family member
(30:16):
moving into that unit. That's the basis for eviction. Now
there is money that you get there. Someone's going to
write you a check for several thousand dollars. How long, Louis,
have you been in that apartment.
Speaker 5 (30:35):
Oh, it's a house.
Speaker 2 (30:36):
It's how long have you been in the house?
Speaker 9 (30:37):
Years?
Speaker 8 (30:38):
How long years?
Speaker 2 (30:41):
You're probably get I think you're going to get five
thousand dollars relocation money.
Speaker 8 (30:45):
Well that doesn't get me far over here.
Speaker 2 (30:48):
Yeah, but they can throw it. But you know what,
but Louis, they can't evict you with a family member
moving in. That's legit, that's allowed under the law. And
you don't have a defense. The only defense you have
is that they're not moving in. However, that comes up
when they don't move in, if they rent to someone else.
(31:08):
I mean, you got him. I mean what a lawsuit
you have. But short of that, you don't so moving
in the owners he's over one hundred years old, and
he doesn't matter.
Speaker 4 (31:18):
He could be one hundred and fifty years old.
Speaker 7 (31:21):
No, I don't don't think he's going to move in.
Speaker 2 (31:23):
Well, then that's different. Then that's now, that's different. Now.
The other issue is he intends on moving in and
he dies, then you don't have to leave. Then you're
home free.
Speaker 4 (31:33):
Yeah, then you're then you're fine. One hundred years old
not bad. Okay, let me see if I have anything
to do it right now? No, I don't. Oh yes
I do.
Speaker 2 (31:47):
Uh, nope, I don't. All right, I'm a little screwed up.
Speaker 4 (31:50):
With a copy today.
Speaker 2 (31:52):
So when we get out of here and do hour
number two, coming right up, this is Handle on the Law.
You've been listening to the Bill Handle Show. Catch my
show Monday through Friday, six am to nine am, and
anytime on demand on the iHeartRadio app.
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