Episode Transcript
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Speaker 1 (00:00):
You're listening to KFI AM six forty, the Bill Handles
show on demand on the iHeartRadio. F yeh I Am
six forty. Good morning, everybody, Saturday Morning. Yep, it's Saturday,
which means it's the Legal Show for three fun hours,
of which I get a bunch of legal cases. You know,
(00:24):
the last few weeks there actually have been some pretty
good cases where I had to say, yeah, yeah, there's
something there, and I get very depressed when that happens,
because I have much more for when I go, nah,
you got nothing. Yeah, not please, you're an idiot. Please
come on? You know what are you doing?
Speaker 2 (00:41):
Yeah?
Speaker 1 (00:42):
You feel entitled? You want the world? Those I like
and the ones that people are complete fruitcakes I love
too is most people do. So let's today. If you
are nuts, you are in a facility, as it were,
if you're in a straight jacket and don't really know
how to dial the phone. It used to be that way.
Now there's voice activated, which doesn't make it as entertaining.
(01:05):
You feel free to call in. So it's the kind
of legal advice that I've been giving for being giving
four decades and decades. Let's do it again. The number
eight hundred five two zero one five three four. Eight
hundred five two zero one five three four is the
number to call. And when's the best take the best
(01:27):
time to call if you've been listening to the show
for any length of time. Top of the hour, which
top of the hour is the best time to call.
The first hour as we get started and the phone
calls come in, and they do fill up, and occasionally
you will hear me actually more often than not not
even asked for note phone numbers. Why we're jammed and
(01:48):
you get to wait or hang on or a lot
of people waiting. Eight hundred five two zero one five
three four is the number to call, and we even
though we have some lines up, we do have lines open.
This is handle on the law marginal legal advice where
I bill handle tell you insert name here you have
(02:11):
absolutely no case, which is a joy for me to
tell you that. Oh yeah, I don't know if you've
ever been to La southern California in general. But what
people don't do who are driving when an ambulance or
a fire truck or a police vehicle has sirens going
(02:31):
full blasts, light flashing and either behind them or in
front of them, and particularly in front when you can
see it at a distance and certainly hear it. No
matter where you are. The people in southern California don't
pull over now, as I've been driving over the decades,
because I lived my entire life in Southern California. Well,
(02:53):
I got here when I was five and I've been
here ever since. It used to be that it was automatic.
People just pulled over. I mean, you see an ambulance,
of course you're gonna pull over. No one does anymore.
It's like calling nine to one one. You're on hold
for ten minutes. It's a different world, and it's gotten
to the point now where the La County Sheriff's Department
(03:16):
has launched the latest public safety campaign. You see emergency lights,
you hear the siren, pull to the right. That's the
civil code, that's the law. That's twenty eight eight oh six,
the vehicle code. You've got to do it. It is
in fraction now again, I have driven for well decades.
(03:40):
I've had my licenses. I've been sixteen years old, as
most people have. Except today today the kids don't get
their licenses. My daughter didn't get their driver's license until
they were eighteen years old. What is that about. I
have absolutely no idea. I mean, I got mine the
day I turned sixteen. I was first in line at
the Department of motor Vias and I was out. I
(04:01):
was at eight o'clock. It opened up eight fifteen. I
had my driver's license, not anymore today, and I pulled
over whenever there was an emergency vehicle. I have never
seen anybody ticketed for not pulling over. Never. So now
we have a campaign going, the public campaign with the
(04:23):
Sheriff's department. As a matter of fact, La County Sheriff
Robert Luna added during this press conference, drivers are even
unsure what to do when an emergency vehicle is approaching.
Not only do people flat out ignore it, they don't
even know what to do. I mean, how's that for crazy? Okay,
(04:43):
so if you come down here, you'll see a campaign
of brewing. All right, let's go ahead and take a
phone call Sam. Hi, Sam, you're up. Welcome.
Speaker 3 (04:57):
So my question is my wife and I a house
picked up to rent, and the landlord basically would be
a communication via text told us the house was ours
and we could move it at a certain date, and
then we had the terms of the house and how
long they're stay there in terms of rent and term lease.
(05:18):
And then twenty four hours before we were supposed to
move in, they backed out and gave the house to
a friend, which left us pretty much homeless and we
had to stand alone to find a house for twenty
four hours because our current house was what's done?
Speaker 1 (05:32):
Okay, okay, you found a house correct within the twenty
four hours? And how you were you were up against
the wall? Did you pay more money for the house
you rented and was it a lesser house in other words,
fewer rooms?
Speaker 3 (05:47):
Yeah, we paid. Yeah, we paid more money in the
house than we got. We're not happy to work at all.
It was a last of minute rush.
Speaker 1 (05:53):
Yeah, you know what I have to tell you. When
he told you it was yours, that was verbal, right.
Speaker 3 (05:59):
It was all the text messages.
Speaker 1 (06:01):
Oh oh to be a text he told you it
was yours.
Speaker 3 (06:04):
Yeah.
Speaker 1 (06:04):
Oh in the day before, in the day before he
were nigged. Do I have that right?
Speaker 3 (06:09):
Yeah?
Speaker 1 (06:10):
I think you got. I think I think you have something.
I think you have something there. The fact that a
friend moved in, it doesn't matter, the point is that
he yanked at the day before, and what you have
is a lawsuit for what is called detrimental reliance, and
that's exactly what it sounds like. You relied on his
word to move in to your detriment and you got nailed,
(06:33):
and you had to pay more, and you got lesser
of the of a home. Yeah. Now I don't know
what that's worth. Lesser of a home that I don't know,
But the money part is easy. You were forced to
take something that was more expensive. So that's the money
issue done finished, and then the issue of you know,
(06:57):
the living environment that was far less. Yeah, I think
you got something there. I do. How much rent did
you pay? And how much rent were you supposed to pay?
Speaker 3 (07:07):
So the house that we're supposed to get was about
like fifty eight hundred, and the house that we got
was smaller. We pay six thousand, and all the communication
was done via a real estate agent because the landlord.
Speaker 1 (07:19):
Why that's easy. I mean, that's easy. So had the
least been signed yet, by the way.
Speaker 3 (07:26):
For the new house or the house?
Speaker 1 (07:27):
Yeah? No, the old house.
Speaker 3 (07:30):
No, it wasn't like they taught us to be a
text you'll get the house and.
Speaker 1 (07:33):
A yeah, no, I understand, but no lease was signed. Okay,
I mean the day, belie, they told you, and no
lease was signed, and you were going to move in
with no lease.
Speaker 3 (07:42):
They basically taught us the houses are and by March
first will be done with all some fixes to fix it.
It never happened. March fifth never happened, and we got worried.
Speaker 1 (07:51):
But you never signed. But you never signed a lease.
Speaker 3 (07:54):
No, because they give told us that the lease will
be the next day.
Speaker 1 (07:58):
In the next day. All right, Well, I mean, here's
the problem you've got. You've got the least is one year,
so I'm guessing, so that's two hundred dollars a month.
You got nailed. So there's your twenty four hundred dollars. Okay,
that you're out, And then the issue becomes how much
were you out because you had to live in a
crappier place. I don't know what that's worth. There is
(08:20):
something there, but the damages may be so slight that
it's not worth it. Because you go to small claims court,
all you're going to probably get is the twenty four
hundred dollars, but you know the rest of it. You know,
talk to a real estate attorney, you know, I talk
to a landword tended attorney and see what that's worth,
because I don't know what that's worth. I mean the
twenty four the two hundred dollars a month. Yeah, that's easy.
(08:42):
But the rest of it, it's it's a little sloppy,
all right, for it. Take a break. I'm want to
tell you about you hurting. If you live in chronic
pain or know someone who does, let me suggest something
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I mean, you're still going to live in pain, but
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(09:05):
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to seven and I see this every day. I mean,
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it works. You'll see that pain actually has a purpose,
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(09:28):
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Visit the Pain Game Podcast. This is handle on the law. CAF.
(09:49):
I handle here on a Saturday morning phone number eight
hundred five two zero one five three four. That's eight
hundred five two zero one five three four. That's the number.
Call all right back we go more Handle on the
law Marginal Legal Advice, Greg. Hello, Greg, welcome the show.
Speaker 4 (10:08):
Hello Bill, I have I've been El Segundo and I
have a tenant with no lease and no months to
month's lease either, and I'd like to raise her rent
more than twenty percent because she hasn't had a race
in rent increase.
Speaker 2 (10:22):
In over eight years.
Speaker 4 (10:25):
Am I doing anything illegal?
Speaker 1 (10:26):
Yeah? According to California law, no more than ten percent.
That's for starters. And depending on whether you live in
a rent control jurisdiction. And is El Segunda part of
La City of La I have no idea. Is it is.
Speaker 2 (10:43):
It la La County?
Speaker 4 (10:44):
Is La County near the airport?
Speaker 1 (10:46):
Okay, La County. I think you're okay. I don't think
there's rent control in La County, City of Los Angeles.
You're nailed. You can only go what the rent Stabilization
Board allows you to do, and it's like two three
percent a year, so you're good for ten percent a
year and that's it. So otherwise, you know, you're looking
at lawsuits and all kinds of stuff and they'll roll
(11:06):
it back and penalties and all that stuff. So yeah, Vanessa, Hi, Vanessa, welcome.
Speaker 2 (11:14):
Hi Bill.
Speaker 5 (11:16):
We put in a front yard and backyard landscaping last
December ish, and we also put in a pool. And
I got a letter from the county assessor asking me
to fill out a form and you know how much
this was and how much that was, and I haven't
done anything with it. I just don't know if I
should do it. What will happen if I don't do it?
Speaker 1 (11:38):
Okay, all right, should you do it? Yeah? And here's
what's happening. I'm assuming the pool was put in with
a permit, correct, I mean you followed the law with
the pool. I can't imagine, Okay, I can't imagine.
Speaker 5 (11:49):
And I think that's why they even know about it.
Speaker 1 (11:51):
Yeah, that's probably true. And here's what the assessor is doing.
The assessor is assessing. And because you put in those movements,
the home is just worth more money. It's just worth more.
And the way the assessor works, taxes are predicated on
how much a home is worth. It's that simple. If
(12:13):
you have a home that's five hundred thousand dollars, it's
X taxes. It would be in a jurisdiction, for example,
La County, and this is what I know, one and
a quarter percent. So you're paying I don't know, fifty
five hundred dollars a year. If you improve the house
and it's worth another two hundred thousand dollars with all
these improvements, and they assess it, then it's going to
(12:37):
be at two hundred thousand dollars more. And now you're
going to be paying seven thousand dollars a year if
they assess it at that full value. I have go ahead.
Speaker 5 (12:48):
No, I was just going to say, I mean, we
bought it like twenty three years ago, so I.
Speaker 6 (12:51):
Mean, oh.
Speaker 1 (12:53):
Yeah, you're going to you're gonna get nailed. Oh yeah,
they're reassessing your Oh yeah, congratulations. How much do you pay? Well,
how much is the house worth right now?
Speaker 5 (13:06):
Probably close to one point one one point one million.
Speaker 1 (13:10):
So it's a little shack because this is southern California
and it's garbage. I'm just kidding you. People are astounded
how much what housing goes for here. What did you
pay for the house? Are you there? All right? Sam?
We lost her, so I don't know quite what's going on. Okay,
(13:33):
let's check it out in the meantime while we're trying
to figure out. And by the way, just really quickly,
as I finished this up, if someone bought a home
twenty years ago for sixty thousand dollars, it's almost nothing.
They probably haven't reassessed it. So they're reassessing now at
close to market value. And that's that becomes problematic. All right,
(13:54):
I'll tell you what else is problematic? Business? Can you
imagine what it's like today. I don't even know how
to forecast. I mean, I have a business and my
partner and I are talking every day about what's happening
in the future. What's going on with this tariffs because
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Handle on the Law.
Speaker 6 (15:13):
You're listening to Bill Handle on demand from kf I
AM six forty.
Speaker 1 (15:19):
Can't by candle here on a Saturday morning, right if
it till eleven o'clock. Phone number for legal questions eight
hundred five two zero one five three four eight hundred
five two zero one five three four. Welcome back, Handle
on the Law, Marginal Legal Advice, OSCAR, you're up.
Speaker 6 (15:37):
Welcome, Hey, Bill, how's it going. I'm having problems with
coyotes in my neighborhood. Yeah, and they're they're they're invading
the neighborhood in the place that I haven't seen coyotes
in years, and they killed my cat a couple of
years ago, and now they're back more than ever. It'sok
(15:58):
a whole swarm of coyotes. It's a coyote nato. And
the thing is, when I call the city, they don't
want to do anything. When animal controls, they don't want
to do anything. You want to call the police, they
don't want to do anything.
Speaker 1 (16:13):
Police aren't going now, they.
Speaker 6 (16:15):
Say, And now they see. If I want to get
rid of the coyotes, I got to pay for the
exterminator myself. How do you get the city to do
their job?
Speaker 1 (16:25):
All right? Oh, this gets interesting because a couple of
months ago, my little Gucci, a little rat terrier kind
of thing, was eaten by a coyote. We lost that
little dog. Coyote a jumped the back fence.
Speaker 6 (16:40):
I feel for you, Bill murdered by yao.
Speaker 1 (16:44):
It was yeah, it was a straight murder. So now
let's start with where do you live, Oscar?
Speaker 6 (16:50):
Well, I live in the El Serino area of La Okay.
So they've been stuted next store in Alhambro.
Speaker 1 (16:58):
Doesn't matter, does it doesn't matter? It doesn't matter. I
just want to know you live in California. Okay. With
that being said, and this is horrific. Now the city
won't do anything. They referred over to animal control. The
cops won't do anything. It's very hard to arrest a coyote.
They have a hard time understanding Miranda warnings. So that
(17:19):
leaves animal control and they're not touching it. And exterminators,
they can't kill coyotes. All you can do is trap
coyotes and then move them to another area, which gets
horrifically expensive. And you know why coyotes are protected, Oscar,
they are protected. You can't do jack about coyotes while
(17:41):
they eat your animals and kids and anybody who's out
there in the backyard, anybody who's under thirty pounds.
Speaker 6 (17:48):
Like a stand your ground law where I could shoot them.
Speaker 1 (17:51):
Okay, okay, okay, now that was going to be my
next one good question. By the way, you are allowed
to shoot a coyote if you are in self defense.
If the coyote is attacking you or even attacking your
dog or certainly your kid, you can then shoot the coyote.
(18:16):
But there are some rules and this isn't the law.
This is just me telling you. This is just good
legal advice. Once you shoot the coyote, make sure it's
facing you and not away from you, because shooting a
coyote in the back, of course, is not self defense.
So that's for starters. Turn the damn thing around and
(18:39):
make it face you where you were the other one.
What I would do is I would take a ghost
gun and put it in the front paw of that
coyote and say, I really was self defense, and you
can knock them out. I have a kyo. I even
put a coyote fence in my backyard. It's this metal
(19:00):
uh fence that has uh what you just metal uh
like a cord right, like a cable that goes up
several about four feet uh and and it's on top
of my fence to keep the coyotes from jumping over. Uh.
And I was thinking of electrifying that fence to get
a really good zap. And I was told, well, I
(19:23):
knew this that if some kid somehow climbs up the
hill and gets electrocuted, that's some big problems. And so yeah,
I mean there, it's horrific, and I understand. So the
only thing you can do, as horrible as it sounds, uh,
is I would you have to you.
Speaker 6 (19:43):
Have to the one resource I haven't tapped is my
city councilman.
Speaker 1 (19:49):
Doesn't matter. The counselman is not gonna do anything. Your
city councilman is not gonna do anything. You listen, you
want to really get a city city councilman to do something,
Trap one of the coyotes and let it loosen his yard.
That might do it, but even then nothing's going to happen.
They're protected, Oscar. They're protected, and they eat people. You
know about the eating dogs and cats. Remember JD Vance
(20:13):
And talked about the Haitians eat eating dogs and cats.
Speaker 6 (20:17):
Well, there was that one queue opened the valley that
almost got taken away by coyote.
Speaker 1 (20:22):
And it's horrible. By the way, Haitians only eat dogs
and cats when they have coyote pets. All right, Oscar,
I'm sorry to give you the bad news, but you
know I'm in the middle of that too, unfortunately. Angela,
Hi Angela.
Speaker 2 (20:41):
Hi Bill.
Speaker 7 (20:41):
I have a question about probate. My sister lived in Arizona.
She died about six months ago. Never married, no kids,
no will, no trust. Her total estate qualified as a
small estate, and I was appointed by the State of
Arizona to be the personal representative. She did have about
twenty eight thousand in a California only credit union. And
(21:04):
they're telling us that we have to get I have
to get State of California authorization to access those funds.
Do I need to get an attorney?
Speaker 1 (21:14):
And no, no, you know, no, you don't know. You
don't have to get an attorney. Now, let me ask you.
Those funds are with the state already or their bank accounts.
Speaker 7 (21:22):
They're in her bank account.
Speaker 1 (21:24):
Okay, so you know, so they have not it's cheated
to the state. That's a great words, cheated gone to
the state. Yeah. A lot of people, Yeah, a lot
of people think as cheat, as cheat, and that's a
whole Yeah. Well there's some logic to that. No, you
don't need an attorney. This is strictly procedural where you
simply file the paperwork. You will get the paperwork, and
with that paperwork, you walk into the bank, you get
(21:47):
you know, you bring in the death certificate and you.
Speaker 7 (21:51):
You also know they're not accepting that. They're not accepting
just the state of State of Arizona authorization. They're telling
me that the State of California has to authorize me
as the representative.
Speaker 1 (22:04):
Okay, wait a minute, hold on, are you a resident
of California.
Speaker 7 (22:09):
I am a resident of California, my dear.
Speaker 1 (22:11):
I know, but let me ask you for twenty eight
thousand dollars. You're not going to hire a lawyer, So
simply contact and you can do a little research, go
through the internet and talk about State of California authorizing you,
and then just go through the hoops. It's easy. You
just files. If they want it, you can probably get it.
I mean, they're not going to say you can't. And
(22:33):
if the State of California says no, then obviously you're
stuck between a rock and a hard place. And then
you get a lawyer, but I don't think you're going
to need one. So you're going to be authorized by
two states, big deal, and you come in with what
Arizona wants. You jump through the hoops. I mean, I
had that situation with my mother. She had a CD
and she was already in dementia, and I'm the one
(22:55):
that came in and controlled everything. It was Bank of America.
You have no idea what of America did to me
in terms of the hoops they had me to run
through and go through and finally, finally at the end
when it was all okayed by my mother had signed
a document allowing me to do that, and those bastards
(23:17):
at Bank of America literally said, this doesn't match the
other signature and we can't release the funds. And I said,
she has Parkinson's Are you guys nuts? And anyway, that
went all the way up. I mean, it took me
probably eight nine months to do this. It was crazy.
So I'm assuming you're the only beneficiary. Is there are
(23:38):
there any other siblings?
Speaker 2 (23:41):
Yes?
Speaker 7 (23:41):
And let me explain. We have authorization from State of Arizona.
Is no, I understand State of California is not accepting
the State of Arizona author right.
Speaker 1 (23:51):
You have to apply I get that. So just apply
for the State of California and just get permission under
summary probation law. This is not probation summary probate law.
This is a summary probate under forty thousand dollars or
whatever the figure is. Just apply to both states. That's all.
It's easy. You don't need a you don't need an
attorney for that. Yeah, just go, big deal. So you
(24:12):
get it from two states, okay, and then you get
your twenty eight thousand dollars and then theoretically you split
it with your sibling because there's no a state. And
are you close to your sibling? Yes, talk to each other.
That's too bad because if you weren't, I just take that.
I would just take all the money and not let
your sibling know. But you know, it depends on who
has ethics and who doesn't, and I don't. This is
(24:34):
handle odd. The law can't buy handle here up on
a Saturday morning. Eight hundred five two zero one five
three four eight hundred five two zero one five three four.
This is handle on the law. Marginal legal advice. Hello Dennis,
(24:56):
Hey Bill.
Speaker 8 (24:56):
So the deal is, I'm in liar's I'm a plaintiff
in the liar's cor currently. So, so what happens is
the guy's countersuing me, and he tried to serve me
personally during the mediation prior to meeting the judge. That
was not allowed. So then he gives the paperwork to
the bailiff, which gives it to the judge. The judge
(25:19):
accepts that as a proper serve. Now is that legal
or does the judge overstep his boundaries in doing so?
Speaker 1 (25:26):
Okay, the judge may have overstepped his bounds, and I
have no idea. But I'll tell you what I know.
If the judge he did, what do you plan on doing?
Because the only thing you can do is appeal the
service and have the appeals court then order the service
(25:47):
not appropriate and and you're going to do it yourself.
Speaker 8 (25:51):
Well, I file an appeal, Okay, I don't.
Speaker 1 (25:56):
I'm serious. So you know, go ahead, Now, if.
Speaker 8 (25:59):
I lose the case, can I appeal that as well?
Speaker 1 (26:02):
Of course you know you can. Of course you can
appeal the case. So if you lose, then you appeal
the case and you at that point also appeal the service.
But until that happens, I mean, yeah, you can argue
that wasn't the judge should not have approved the service.
Speaker 8 (26:18):
That was judicial misconduct.
Speaker 1 (26:21):
There, No, No, that's not where's the misconduct? He just
decided it's good service.
Speaker 8 (26:25):
Went beyond well, He goes beyond well, He goes beyond
what you and I would normally have to go by
following the law.
Speaker 1 (26:32):
By the way, that's not miss that's not misconduct. That's
not considered misconduct. Misconduct is uh, it goes way way
beyond that. How big a lawsuit is this, Dennis.
Speaker 2 (26:43):
No, it's it's in liar's court.
Speaker 8 (26:45):
You know.
Speaker 1 (26:45):
Oh it's okay, small claims court, all right, So you
know that the judges do whatever the hell they want
in small claims court. And if you're the plaintiff and
you lose, no, it's over. There's nothing to appeal. I
don't even know if they would take an appeal based
on a judge accepting service. And even if not, you're
gonna get served anyway, or you go ahead and get
(27:06):
it's easy to serve someone. What are you gonna do,
you know, evade service?
Speaker 3 (27:11):
You know?
Speaker 1 (27:11):
Yeah, they hire a process server, you know, and who
waits and waits outside the door. If it's a big
enough case, if you're willing to pay for it, how
much is suing for it, Dennis.
Speaker 8 (27:21):
Less than a thousand dollars?
Speaker 1 (27:23):
Oh man, you know, accept it? Just accepts service to
make your argument in court. Yeah, I mean the rest
of it is, yeah, the rest of it is kind
of crazy, you know. Yeah, Can I appeal it? It's wrong?
Can I call the police? Isn't it? Is that misconduct?
And even if it's not misconduct, but even if it
is misconduct, because that'll be determined just the wrong ruling.
(27:44):
Then all the court does is say okay, then service
was not accepted or not valid, and just start all
over again for a thousand bucks. Just argue the case.
Just argue it. That's what happens, and the rules are
in small claims court. If the plaintiff loses, boom, it's over.
(28:04):
If the defendant loses, then the offend then the defendant
can appeal. You have won, and the appeal, by the way,
brings you a new trial. It's not an appeal of
a portion of the trial like this, it's a what's
called a trial denovo. It's a brand new trial, as
if nothing had happened. It's as if it was a
(28:25):
new trial and the first one didn't happen. Really strange,
really really strange. John, Hello, John, Welcome.
Speaker 3 (28:34):
Hey Bill, John.
Speaker 2 (28:37):
Yes, sir, yes, sir, So I got a question for
you real quick. My daughter is a victim of a
bullying incident in school. She was hitting the head with
the basketball twice without her seeing it from behind. She
suffered severe concussion like Phase four concussions. About two months
(28:59):
later or uh, she felt that her eye was starting
to drift, So then we took her to a neurological
specialist and found out that she has neurological trauma. Uh.
They ordered a CT scan, MRI and all that, and
they noticed some uh what the dark spots or let
me ask you.
Speaker 1 (29:19):
Okay, I mean I got there, John, And it's a
horrific story. Is she permanently does she have permanent medical issues?
Is still?
Speaker 2 (29:28):
And they believe she's going to get through it. And
this all occurred in school during Yeah.
Speaker 1 (29:32):
No, that's great. I mean that's terrific. I mean that's
great news. So now, uh, now, the question is when
she got hit and they head on purpose? Was a teacher, supervisor,
coach there that saw it or knew about it?
Speaker 2 (29:48):
So they knew about it, but no one saw it.
She immediately advised three of her teachers that were there.
Speaker 1 (29:54):
Fair enough was and and they identified who had who
had done it? Correct.
Speaker 3 (29:59):
That is the problem.
Speaker 1 (30:00):
They don't know, they don't know who did it.
Speaker 2 (30:03):
Yeah, and they're not talking and no one's saying anything. Wow, Yeah,
did no investigation whatsoever. They actually brushed you under the rug,
didn't even tell us what happened.
Speaker 1 (30:13):
Our daughter had all right, and wow, how old your daughter?
Speaker 2 (30:17):
And I guess I have she's twelve.
Speaker 1 (30:19):
Okay.
Speaker 2 (30:19):
The question is, so the question I guess I have
for you, Bill, is is it possible? Is there any
standing for a third party lawsuit?
Speaker 1 (30:29):
Again?
Speaker 2 (30:29):
And the problem is, we're not looking to gain the party.
Speaker 1 (30:34):
What third party are you talking.
Speaker 2 (30:35):
About leaning suing the school.
Speaker 1 (30:37):
Or the Yeah, no, you're talking to Yeah, so that's
not third party, that's first party. You're suing the school
for negligence. Yeah, you're suing the school for lack of supervision,
for knowing about it and brushing under the rug. That's
a different issue. But you're arguing that there was a
duty for supervision and to watch out for your kid,
(30:59):
especially especially since your child was more vulnerable and was
a special needs kid. Yeah. Now the question is proving it.
Was it an accident? You know was a coach? There
was the coach looking the other way? What do you
want to do? Do you expect a coach to be
on top of everybody and look at every player at
(31:20):
all times. So that is the problem you've got, And
it's a tough proof. It's a good case, but the
problem is going to be proving it and did they
violate Did they violate their proof? Now the good news,
did they violate their duty? The good news legally speaking, well,
two good news. First of all, it's not permanent. It's
(31:41):
not permanent, which is wonderful, and that is the best
news of all. And there is real negligence. Maybe it's
you have to talk to a personal injury lawyer. Go
to handle on the dot com, go to the website.
Speaker 2 (31:56):
Yeah, I'll take care of that, Thank you so much.
Speaker 1 (31:57):
Bill. All right, Yeah, that's a tough one. But schools
do have a duty. They do. Now, I'll tell you
what a segue this is so stupid. Bad breath. Do
you have a duty to have good breath? Sure? Why not?
And you know that the food you eat caused bad breath?
But did you know the foods you eat and then
go in then go into your stomach, which is the
(32:20):
way it works, That your gut can also cause bad
breath that food, and it stays there. It can start there.
So I've been telling you about Zelman's mintye mouth, And
what you do is just pop two or three the
capsules in your mouth and you suck on them, and
the minty coating does a great job of the bad
breath in your mouth, But then it goes to work
in your gut and no other mint even comes close
(32:42):
to that, and let me tell you what's going on.
There's a new offer out there. They have a spearmint flavor,
not just mint, there's a Spearman flavor and that has
just come out. And until the end of the month,
if you order three or more a package of three
or more regular Zelmonds, you'll get a free pack of Spearmot.
And it's a limited offer. Let me tell you this
(33:03):
is a short run of these new capsules, so they're
gonna run out, So until the end of the month,
a free package of Spearmint Zelman's with a order of
three pack or more for the regular stuff. Go to
Zelmans dot com, z E L, M I n S.
Zelmans dot com slash kf I Zelmans dot com slash KFI.
(33:29):
This is Handle on the Law.
Speaker 2 (33:32):
You're listening to bill Handle on demand from kf I
A M six forty
You're listening to KFI AM six forty, the Bill Handles
show on demand on the iHeartRadio. F yeh I Am
six forty. Good morning, everybody, Saturday Morning. Yep, it's Saturday,
which means it's the Legal Show for three fun hours,
of which I get a bunch of legal cases. You know,
(00:24):
the last few weeks there actually have been some pretty
good cases where I had to say, yeah, yeah, there's
something there, and I get very depressed when that happens,
because I have much more for when I go, nah,
you got nothing. Yeah, not please, you're an idiot. Please
come on? You know what are you doing?
Speaker 2 (00:41):
Yeah?
Speaker 1 (00:42):
You feel entitled? You want the world? Those I like
and the ones that people are complete fruitcakes I love
too is most people do. So let's today. If you
are nuts, you are in a facility, as it were,
if you're in a straight jacket and don't really know
how to dial the phone. It used to be that way.
Now there's voice activated, which doesn't make it as entertaining.
(01:05):
You feel free to call in. So it's the kind
of legal advice that I've been giving for being giving
four decades and decades. Let's do it again. The number
eight hundred five two zero one five three four. Eight
hundred five two zero one five three four is the
number to call. And when's the best take the best
(01:27):
time to call if you've been listening to the show
for any length of time. Top of the hour, which
top of the hour is the best time to call.
The first hour as we get started and the phone
calls come in, and they do fill up, and occasionally
you will hear me actually more often than not not
even asked for note phone numbers. Why we're jammed and
(01:48):
you get to wait or hang on or a lot
of people waiting. Eight hundred five two zero one five
three four is the number to call, and we even
though we have some lines up, we do have lines open.
This is handle on the law marginal legal advice where
I bill handle tell you insert name here you have
(02:11):
absolutely no case, which is a joy for me to
tell you that. Oh yeah, I don't know if you've
ever been to La southern California in general. But what
people don't do who are driving when an ambulance or
a fire truck or a police vehicle has sirens going
(02:31):
full blasts, light flashing and either behind them or in
front of them, and particularly in front when you can
see it at a distance and certainly hear it. No
matter where you are. The people in southern California don't
pull over now, as I've been driving over the decades,
because I lived my entire life in Southern California. Well,
(02:53):
I got here when I was five and I've been
here ever since. It used to be that it was automatic.
People just pulled over. I mean, you see an ambulance,
of course you're gonna pull over. No one does anymore.
It's like calling nine to one one. You're on hold
for ten minutes. It's a different world, and it's gotten
to the point now where the La County Sheriff's Department
(03:16):
has launched the latest public safety campaign. You see emergency lights,
you hear the siren, pull to the right. That's the
civil code, that's the law. That's twenty eight eight oh six,
the vehicle code. You've got to do it. It is
in fraction now again, I have driven for well decades.
(03:40):
I've had my licenses. I've been sixteen years old, as
most people have. Except today today the kids don't get
their licenses. My daughter didn't get their driver's license until
they were eighteen years old. What is that about. I
have absolutely no idea. I mean, I got mine the
day I turned sixteen. I was first in line at
the Department of motor Vias and I was out. I
(04:01):
was at eight o'clock. It opened up eight fifteen. I
had my driver's license, not anymore today, and I pulled
over whenever there was an emergency vehicle. I have never
seen anybody ticketed for not pulling over. Never. So now
we have a campaign going, the public campaign with the
(04:23):
Sheriff's department. As a matter of fact, La County Sheriff
Robert Luna added during this press conference, drivers are even
unsure what to do when an emergency vehicle is approaching.
Not only do people flat out ignore it, they don't
even know what to do. I mean, how's that for crazy? Okay,
(04:43):
so if you come down here, you'll see a campaign
of brewing. All right, let's go ahead and take a
phone call Sam. Hi, Sam, you're up. Welcome.
Speaker 3 (04:57):
So my question is my wife and I a house
picked up to rent, and the landlord basically would be
a communication via text told us the house was ours
and we could move it at a certain date, and
then we had the terms of the house and how
long they're stay there in terms of rent and term lease.
(05:18):
And then twenty four hours before we were supposed to
move in, they backed out and gave the house to
a friend, which left us pretty much homeless and we
had to stand alone to find a house for twenty
four hours because our current house was what's done?
Speaker 1 (05:32):
Okay, okay, you found a house correct within the twenty
four hours? And how you were you were up against
the wall? Did you pay more money for the house
you rented and was it a lesser house in other words,
fewer rooms?
Speaker 3 (05:47):
Yeah, we paid. Yeah, we paid more money in the
house than we got. We're not happy to work at all.
It was a last of minute rush.
Speaker 1 (05:53):
Yeah, you know what I have to tell you. When
he told you it was yours, that was verbal, right.
Speaker 3 (05:59):
It was all the text messages.
Speaker 1 (06:01):
Oh oh to be a text he told you it
was yours.
Speaker 3 (06:04):
Yeah.
Speaker 1 (06:04):
Oh in the day before, in the day before he
were nigged. Do I have that right?
Speaker 3 (06:09):
Yeah?
Speaker 1 (06:10):
I think you got. I think I think you have something.
I think you have something there. The fact that a
friend moved in, it doesn't matter, the point is that
he yanked at the day before, and what you have
is a lawsuit for what is called detrimental reliance, and
that's exactly what it sounds like. You relied on his
word to move in to your detriment and you got nailed,
(06:33):
and you had to pay more, and you got lesser
of the of a home. Yeah. Now I don't know
what that's worth. Lesser of a home that I don't know,
But the money part is easy. You were forced to
take something that was more expensive. So that's the money
issue done finished, and then the issue of you know,
(06:57):
the living environment that was far less. Yeah, I think
you got something there. I do. How much rent did
you pay? And how much rent were you supposed to pay?
Speaker 3 (07:07):
So the house that we're supposed to get was about
like fifty eight hundred, and the house that we got
was smaller. We pay six thousand, and all the communication
was done via a real estate agent because the landlord.
Speaker 1 (07:19):
Why that's easy. I mean, that's easy. So had the
least been signed yet, by the way.
Speaker 3 (07:26):
For the new house or the house?
Speaker 1 (07:27):
Yeah? No, the old house.
Speaker 3 (07:30):
No, it wasn't like they taught us to be a
text you'll get the house and.
Speaker 1 (07:33):
A yeah, no, I understand, but no lease was signed. Okay,
I mean the day, belie, they told you, and no
lease was signed, and you were going to move in
with no lease.
Speaker 3 (07:42):
They basically taught us the houses are and by March
first will be done with all some fixes to fix it.
It never happened. March fifth never happened, and we got worried.
Speaker 1 (07:51):
But you never signed. But you never signed a lease.
Speaker 3 (07:54):
No, because they give told us that the lease will
be the next day.
Speaker 1 (07:58):
In the next day. All right, Well, I mean, here's
the problem you've got. You've got the least is one year,
so I'm guessing, so that's two hundred dollars a month.
You got nailed. So there's your twenty four hundred dollars. Okay,
that you're out, And then the issue becomes how much
were you out because you had to live in a
crappier place. I don't know what that's worth. There is
(08:20):
something there, but the damages may be so slight that
it's not worth it. Because you go to small claims court,
all you're going to probably get is the twenty four
hundred dollars, but you know the rest of it. You know,
talk to a real estate attorney, you know, I talk
to a landword tended attorney and see what that's worth,
because I don't know what that's worth. I mean the
twenty four the two hundred dollars a month. Yeah, that's easy.
(08:42):
But the rest of it, it's it's a little sloppy,
all right, for it. Take a break. I'm want to
tell you about you hurting. If you live in chronic
pain or know someone who does, let me suggest something
that may very well work for you, just to help you.
I mean, you're still going to live in pain, but
this is how to deal with it. And this is
a podcast called The Pain Game Podcast. Actually it's hosted
(09:05):
by my wife, who lives in chronic pain twenty four
to seven and I see this every day. I mean,
she's never out of pain. So she started this podcast
and to help her and to help people, and boy
it works. You'll see that pain actually has a purpose,
as weird as that sound. And she just helps you.
It helps you understand and how to cope and how
(09:28):
to deal. And if a loved one or you are
in chronic pain, visit the Pain Game Podcast. That's the
Pain Game Podcast. Season three has just started. Dropping Socialists
at the Pain Game Podcast. At the Pain Game Podcast.
Visit the Pain Game Podcast. This is handle on the law. CAF.
(09:49):
I handle here on a Saturday morning phone number eight
hundred five two zero one five three four. That's eight
hundred five two zero one five three four. That's the number.
Call all right back we go more Handle on the
law Marginal Legal Advice, Greg. Hello, Greg, welcome the show.
Speaker 4 (10:08):
Hello Bill, I have I've been El Segundo and I
have a tenant with no lease and no months to
month's lease either, and I'd like to raise her rent
more than twenty percent because she hasn't had a race
in rent increase.
Speaker 2 (10:22):
In over eight years.
Speaker 4 (10:25):
Am I doing anything illegal?
Speaker 1 (10:26):
Yeah? According to California law, no more than ten percent.
That's for starters. And depending on whether you live in
a rent control jurisdiction. And is El Segunda part of
La City of La I have no idea. Is it is.
Speaker 2 (10:43):
It la La County?
Speaker 4 (10:44):
Is La County near the airport?
Speaker 1 (10:46):
Okay, La County. I think you're okay. I don't think
there's rent control in La County, City of Los Angeles.
You're nailed. You can only go what the rent Stabilization
Board allows you to do, and it's like two three
percent a year, so you're good for ten percent a
year and that's it. So otherwise, you know, you're looking
at lawsuits and all kinds of stuff and they'll roll
(11:06):
it back and penalties and all that stuff. So yeah, Vanessa, Hi, Vanessa, welcome.
Speaker 2 (11:14):
Hi Bill.
Speaker 5 (11:16):
We put in a front yard and backyard landscaping last
December ish, and we also put in a pool. And
I got a letter from the county assessor asking me
to fill out a form and you know how much
this was and how much that was, and I haven't
done anything with it. I just don't know if I
should do it. What will happen if I don't do it?
Speaker 1 (11:38):
Okay, all right, should you do it? Yeah? And here's
what's happening. I'm assuming the pool was put in with
a permit, correct, I mean you followed the law with
the pool. I can't imagine, Okay, I can't imagine.
Speaker 5 (11:49):
And I think that's why they even know about it.
Speaker 1 (11:51):
Yeah, that's probably true. And here's what the assessor is doing.
The assessor is assessing. And because you put in those movements,
the home is just worth more money. It's just worth more.
And the way the assessor works, taxes are predicated on
how much a home is worth. It's that simple. If
(12:13):
you have a home that's five hundred thousand dollars, it's
X taxes. It would be in a jurisdiction, for example,
La County, and this is what I know, one and
a quarter percent. So you're paying I don't know, fifty
five hundred dollars a year. If you improve the house
and it's worth another two hundred thousand dollars with all
these improvements, and they assess it, then it's going to
(12:37):
be at two hundred thousand dollars more. And now you're
going to be paying seven thousand dollars a year if
they assess it at that full value. I have go ahead.
Speaker 5 (12:48):
No, I was just going to say, I mean, we
bought it like twenty three years ago, so I.
Speaker 6 (12:51):
Mean, oh.
Speaker 1 (12:53):
Yeah, you're going to you're gonna get nailed. Oh yeah,
they're reassessing your Oh yeah, congratulations. How much do you pay? Well,
how much is the house worth right now?
Speaker 5 (13:06):
Probably close to one point one one point one million.
Speaker 1 (13:10):
So it's a little shack because this is southern California
and it's garbage. I'm just kidding you. People are astounded
how much what housing goes for here. What did you
pay for the house? Are you there? All right? Sam?
We lost her, so I don't know quite what's going on. Okay,
(13:33):
let's check it out in the meantime while we're trying
to figure out. And by the way, just really quickly,
as I finished this up, if someone bought a home
twenty years ago for sixty thousand dollars, it's almost nothing.
They probably haven't reassessed it. So they're reassessing now at
close to market value. And that's that becomes problematic. All right,
(13:54):
I'll tell you what else is problematic? Business? Can you
imagine what it's like today. I don't even know how
to forecast. I mean, I have a business and my
partner and I are talking every day about what's happening
in the future. What's going on with this tariffs because
we import from China. Well, let me tell you something
that helps you a whole lot, and that's net Suite,
(14:15):
Especially if you're using old programming. What net Suite does
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(14:35):
which everybody should do into one business suite and everybody
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It's fast, it's easy to do this just to find
(14:55):
out whether it works for you or not. Of course
it's free. So download the free app NetSuite dot com
slash handle. That's net sweet s u I t e
as an Office suites dot Com slash handle. This is
Handle on the Law.
Speaker 6 (15:13):
You're listening to Bill Handle on demand from kf I
AM six forty.
Speaker 1 (15:19):
Can't by candle here on a Saturday morning, right if
it till eleven o'clock. Phone number for legal questions eight
hundred five two zero one five three four eight hundred
five two zero one five three four. Welcome back, Handle
on the Law, Marginal Legal Advice, OSCAR, you're up.
Speaker 6 (15:37):
Welcome, Hey, Bill, how's it going. I'm having problems with
coyotes in my neighborhood. Yeah, and they're they're they're invading
the neighborhood in the place that I haven't seen coyotes
in years, and they killed my cat a couple of
years ago, and now they're back more than ever. It'sok
(15:58):
a whole swarm of coyotes. It's a coyote nato. And
the thing is, when I call the city, they don't
want to do anything. When animal controls, they don't want
to do anything. You want to call the police, they
don't want to do anything.
Speaker 1 (16:13):
Police aren't going now, they.
Speaker 6 (16:15):
Say, And now they see. If I want to get
rid of the coyotes, I got to pay for the
exterminator myself. How do you get the city to do
their job?
Speaker 1 (16:25):
All right? Oh, this gets interesting because a couple of
months ago, my little Gucci, a little rat terrier kind
of thing, was eaten by a coyote. We lost that
little dog. Coyote a jumped the back fence.
Speaker 6 (16:40):
I feel for you, Bill murdered by yao.
Speaker 1 (16:44):
It was yeah, it was a straight murder. So now
let's start with where do you live, Oscar?
Speaker 6 (16:50):
Well, I live in the El Serino area of La Okay.
So they've been stuted next store in Alhambro.
Speaker 1 (16:58):
Doesn't matter, does it doesn't matter? It doesn't matter. I
just want to know you live in California. Okay. With
that being said, and this is horrific. Now the city
won't do anything. They referred over to animal control. The
cops won't do anything. It's very hard to arrest a coyote.
They have a hard time understanding Miranda warnings. So that
(17:19):
leaves animal control and they're not touching it. And exterminators,
they can't kill coyotes. All you can do is trap
coyotes and then move them to another area, which gets
horrifically expensive. And you know why coyotes are protected, Oscar,
they are protected. You can't do jack about coyotes while
(17:41):
they eat your animals and kids and anybody who's out
there in the backyard, anybody who's under thirty pounds.
Speaker 6 (17:48):
Like a stand your ground law where I could shoot them.
Speaker 1 (17:51):
Okay, okay, okay, now that was going to be my
next one good question. By the way, you are allowed
to shoot a coyote if you are in self defense.
If the coyote is attacking you or even attacking your
dog or certainly your kid, you can then shoot the coyote.
(18:16):
But there are some rules and this isn't the law.
This is just me telling you. This is just good
legal advice. Once you shoot the coyote, make sure it's
facing you and not away from you, because shooting a
coyote in the back, of course, is not self defense.
So that's for starters. Turn the damn thing around and
(18:39):
make it face you where you were the other one.
What I would do is I would take a ghost
gun and put it in the front paw of that
coyote and say, I really was self defense, and you
can knock them out. I have a kyo. I even
put a coyote fence in my backyard. It's this metal
(19:00):
uh fence that has uh what you just metal uh
like a cord right, like a cable that goes up
several about four feet uh and and it's on top
of my fence to keep the coyotes from jumping over. Uh.
And I was thinking of electrifying that fence to get
a really good zap. And I was told, well, I
(19:23):
knew this that if some kid somehow climbs up the
hill and gets electrocuted, that's some big problems. And so yeah,
I mean there, it's horrific, and I understand. So the
only thing you can do, as horrible as it sounds, uh,
is I would you have to you.
Speaker 6 (19:43):
Have to the one resource I haven't tapped is my
city councilman.
Speaker 1 (19:49):
Doesn't matter. The counselman is not gonna do anything. Your
city councilman is not gonna do anything. You listen, you
want to really get a city city councilman to do something,
Trap one of the coyotes and let it loosen his yard.
That might do it, but even then nothing's going to happen.
They're protected, Oscar. They're protected, and they eat people. You
know about the eating dogs and cats. Remember JD Vance
(20:13):
And talked about the Haitians eat eating dogs and cats.
Speaker 6 (20:17):
Well, there was that one queue opened the valley that
almost got taken away by coyote.
Speaker 1 (20:22):
And it's horrible. By the way, Haitians only eat dogs
and cats when they have coyote pets. All right, Oscar,
I'm sorry to give you the bad news, but you
know I'm in the middle of that too, unfortunately. Angela,
Hi Angela.
Speaker 2 (20:41):
Hi Bill.
Speaker 7 (20:41):
I have a question about probate. My sister lived in Arizona.
She died about six months ago. Never married, no kids,
no will, no trust. Her total estate qualified as a
small estate, and I was appointed by the State of
Arizona to be the personal representative. She did have about
twenty eight thousand in a California only credit union. And
(21:04):
they're telling us that we have to get I have
to get State of California authorization to access those funds.
Do I need to get an attorney?
Speaker 1 (21:14):
And no, no, you know, no, you don't know. You
don't have to get an attorney. Now, let me ask you.
Those funds are with the state already or their bank accounts.
Speaker 7 (21:22):
They're in her bank account.
Speaker 1 (21:24):
Okay, so you know, so they have not it's cheated
to the state. That's a great words, cheated gone to
the state. Yeah. A lot of people, Yeah, a lot
of people think as cheat, as cheat, and that's a
whole Yeah. Well there's some logic to that. No, you
don't need an attorney. This is strictly procedural where you
simply file the paperwork. You will get the paperwork, and
with that paperwork, you walk into the bank, you get
(21:47):
you know, you bring in the death certificate and you.
Speaker 7 (21:51):
You also know they're not accepting that. They're not accepting
just the state of State of Arizona authorization. They're telling
me that the State of California has to authorize me
as the representative.
Speaker 1 (22:04):
Okay, wait a minute, hold on, are you a resident
of California.
Speaker 7 (22:09):
I am a resident of California, my dear.
Speaker 1 (22:11):
I know, but let me ask you for twenty eight
thousand dollars. You're not going to hire a lawyer, So
simply contact and you can do a little research, go
through the internet and talk about State of California authorizing you,
and then just go through the hoops. It's easy. You
just files. If they want it, you can probably get it.
I mean, they're not going to say you can't. And
(22:33):
if the State of California says no, then obviously you're
stuck between a rock and a hard place. And then
you get a lawyer, but I don't think you're going
to need one. So you're going to be authorized by
two states, big deal, and you come in with what
Arizona wants. You jump through the hoops. I mean, I
had that situation with my mother. She had a CD
and she was already in dementia, and I'm the one
(22:55):
that came in and controlled everything. It was Bank of America.
You have no idea what of America did to me
in terms of the hoops they had me to run
through and go through and finally, finally at the end
when it was all okayed by my mother had signed
a document allowing me to do that, and those bastards
(23:17):
at Bank of America literally said, this doesn't match the
other signature and we can't release the funds. And I said,
she has Parkinson's Are you guys nuts? And anyway, that
went all the way up. I mean, it took me
probably eight nine months to do this. It was crazy.
So I'm assuming you're the only beneficiary. Is there are
(23:38):
there any other siblings?
Speaker 2 (23:41):
Yes?
Speaker 7 (23:41):
And let me explain. We have authorization from State of Arizona.
Is no, I understand State of California is not accepting
the State of Arizona author right.
Speaker 1 (23:51):
You have to apply I get that. So just apply
for the State of California and just get permission under
summary probation law. This is not probation summary probate law.
This is a summary probate under forty thousand dollars or
whatever the figure is. Just apply to both states. That's all.
It's easy. You don't need a you don't need an
attorney for that. Yeah, just go, big deal. So you
(24:12):
get it from two states, okay, and then you get
your twenty eight thousand dollars and then theoretically you split
it with your sibling because there's no a state. And
are you close to your sibling? Yes, talk to each other.
That's too bad because if you weren't, I just take that.
I would just take all the money and not let
your sibling know. But you know, it depends on who
has ethics and who doesn't, and I don't. This is
(24:34):
handle odd. The law can't buy handle here up on
a Saturday morning. Eight hundred five two zero one five
three four eight hundred five two zero one five three four.
This is handle on the law. Marginal legal advice. Hello Dennis,
(24:56):
Hey Bill.
Speaker 8 (24:56):
So the deal is, I'm in liar's I'm a plaintiff
in the liar's cor currently. So, so what happens is
the guy's countersuing me, and he tried to serve me
personally during the mediation prior to meeting the judge. That
was not allowed. So then he gives the paperwork to
the bailiff, which gives it to the judge. The judge
(25:19):
accepts that as a proper serve. Now is that legal
or does the judge overstep his boundaries in doing so?
Speaker 1 (25:26):
Okay, the judge may have overstepped his bounds, and I
have no idea. But I'll tell you what I know.
If the judge he did, what do you plan on doing?
Because the only thing you can do is appeal the
service and have the appeals court then order the service
(25:47):
not appropriate and and you're going to do it yourself.
Speaker 8 (25:51):
Well, I file an appeal, Okay, I don't.
Speaker 1 (25:56):
I'm serious. So you know, go ahead, Now, if.
Speaker 8 (25:59):
I lose the case, can I appeal that as well?
Speaker 1 (26:02):
Of course you know you can. Of course you can
appeal the case. So if you lose, then you appeal
the case and you at that point also appeal the service.
But until that happens, I mean, yeah, you can argue
that wasn't the judge should not have approved the service.
Speaker 8 (26:18):
That was judicial misconduct.
Speaker 1 (26:21):
There, No, No, that's not where's the misconduct? He just
decided it's good service.
Speaker 8 (26:25):
Went beyond well, He goes beyond well, He goes beyond
what you and I would normally have to go by
following the law.
Speaker 1 (26:32):
By the way, that's not miss that's not misconduct. That's
not considered misconduct. Misconduct is uh, it goes way way
beyond that. How big a lawsuit is this, Dennis.
Speaker 2 (26:43):
No, it's it's in liar's court.
Speaker 8 (26:45):
You know.
Speaker 1 (26:45):
Oh it's okay, small claims court, all right, So you
know that the judges do whatever the hell they want
in small claims court. And if you're the plaintiff and
you lose, no, it's over. There's nothing to appeal. I
don't even know if they would take an appeal based
on a judge accepting service. And even if not, you're
gonna get served anyway, or you go ahead and get
(27:06):
it's easy to serve someone. What are you gonna do,
you know, evade service?
Speaker 3 (27:11):
You know?
Speaker 1 (27:11):
Yeah, they hire a process server, you know, and who
waits and waits outside the door. If it's a big
enough case, if you're willing to pay for it, how
much is suing for it, Dennis.
Speaker 8 (27:21):
Less than a thousand dollars?
Speaker 1 (27:23):
Oh man, you know, accept it? Just accepts service to
make your argument in court. Yeah, I mean the rest
of it is, yeah, the rest of it is kind
of crazy, you know. Yeah, Can I appeal it? It's wrong?
Can I call the police? Isn't it? Is that misconduct?
And even if it's not misconduct, but even if it
is misconduct, because that'll be determined just the wrong ruling.
(27:44):
Then all the court does is say okay, then service
was not accepted or not valid, and just start all
over again for a thousand bucks. Just argue the case.
Just argue it. That's what happens, and the rules are
in small claims court. If the plaintiff loses, boom, it's over.
(28:04):
If the defendant loses, then the offend then the defendant
can appeal. You have won, and the appeal, by the way,
brings you a new trial. It's not an appeal of
a portion of the trial like this, it's a what's
called a trial denovo. It's a brand new trial, as
if nothing had happened. It's as if it was a
(28:25):
new trial and the first one didn't happen. Really strange,
really really strange. John, Hello, John, Welcome.
Speaker 3 (28:34):
Hey Bill, John.
Speaker 2 (28:37):
Yes, sir, yes, sir, So I got a question for
you real quick. My daughter is a victim of a
bullying incident in school. She was hitting the head with
the basketball twice without her seeing it from behind. She
suffered severe concussion like Phase four concussions. About two months
(28:59):
later or uh, she felt that her eye was starting
to drift, So then we took her to a neurological
specialist and found out that she has neurological trauma. Uh.
They ordered a CT scan, MRI and all that, and
they noticed some uh what the dark spots or let
me ask you.
Speaker 1 (29:19):
Okay, I mean I got there, John, And it's a
horrific story. Is she permanently does she have permanent medical issues?
Is still?
Speaker 2 (29:28):
And they believe she's going to get through it. And
this all occurred in school during Yeah.
Speaker 1 (29:32):
No, that's great. I mean that's terrific. I mean that's
great news. So now, uh, now, the question is when
she got hit and they head on purpose? Was a teacher, supervisor,
coach there that saw it or knew about it?
Speaker 2 (29:48):
So they knew about it, but no one saw it.
She immediately advised three of her teachers that were there.
Speaker 1 (29:54):
Fair enough was and and they identified who had who
had done it? Correct.
Speaker 3 (29:59):
That is the problem.
Speaker 1 (30:00):
They don't know, they don't know who did it.
Speaker 2 (30:03):
Yeah, and they're not talking and no one's saying anything. Wow, Yeah,
did no investigation whatsoever. They actually brushed you under the rug,
didn't even tell us what happened.
Speaker 1 (30:13):
Our daughter had all right, and wow, how old your daughter?
Speaker 2 (30:17):
And I guess I have she's twelve.
Speaker 1 (30:19):
Okay.
Speaker 2 (30:19):
The question is, so the question I guess I have
for you, Bill, is is it possible? Is there any
standing for a third party lawsuit?
Speaker 1 (30:29):
Again?
Speaker 2 (30:29):
And the problem is, we're not looking to gain the party.
Speaker 1 (30:34):
What third party are you talking.
Speaker 2 (30:35):
About leaning suing the school.
Speaker 1 (30:37):
Or the Yeah, no, you're talking to Yeah, so that's
not third party, that's first party. You're suing the school
for negligence. Yeah, you're suing the school for lack of supervision,
for knowing about it and brushing under the rug. That's
a different issue. But you're arguing that there was a
duty for supervision and to watch out for your kid,
(30:59):
especially especially since your child was more vulnerable and was
a special needs kid. Yeah. Now the question is proving it.
Was it an accident? You know was a coach? There
was the coach looking the other way? What do you
want to do? Do you expect a coach to be
on top of everybody and look at every player at
(31:20):
all times. So that is the problem you've got, And
it's a tough proof. It's a good case, but the
problem is going to be proving it and did they
violate Did they violate their proof? Now the good news,
did they violate their duty? The good news legally speaking, well,
two good news. First of all, it's not permanent. It's
(31:41):
not permanent, which is wonderful, and that is the best
news of all. And there is real negligence. Maybe it's
you have to talk to a personal injury lawyer. Go
to handle on the dot com, go to the website.
Speaker 2 (31:56):
Yeah, I'll take care of that, Thank you so much.
Speaker 1 (31:57):
Bill. All right, Yeah, that's a tough one. But schools
do have a duty. They do. Now, I'll tell you
what a segue this is so stupid. Bad breath. Do
you have a duty to have good breath? Sure? Why not?
And you know that the food you eat caused bad breath?
But did you know the foods you eat and then
go in then go into your stomach, which is the
(32:20):
way it works, That your gut can also cause bad
breath that food, and it stays there. It can start there.
So I've been telling you about Zelman's mintye mouth, And
what you do is just pop two or three the
capsules in your mouth and you suck on them, and
the minty coating does a great job of the bad
breath in your mouth, But then it goes to work
in your gut and no other mint even comes close
(32:42):
to that, and let me tell you what's going on.
There's a new offer out there. They have a spearmint flavor,
not just mint, there's a Spearman flavor and that has
just come out. And until the end of the month,
if you order three or more a package of three
or more regular Zelmonds, you'll get a free pack of Spearmot.
And it's a limited offer. Let me tell you this
(33:03):
is a short run of these new capsules, so they're
gonna run out, So until the end of the month,
a free package of Spearmint Zelman's with a order of
three pack or more for the regular stuff. Go to
Zelmans dot com, z E L, M I n S.
Zelmans dot com slash kf I Zelmans dot com slash KFI.
(33:29):
This is Handle on the Law.
Speaker 2 (33:32):
You're listening to bill Handle on demand from kf I
A M six forty
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