Episode Transcript
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Speaker 1 (00:00):
You're listening to k I AM six forty the bill
handles show on demand on the iHeartRadio f.
Speaker 2 (00:09):
KFI AM six forty Bill handle.
Speaker 1 (00:11):
It is a Saturday morning. This is handle on the law,
marginal legal advice where I tell you have absolutely no case.
LA County has done something that they actually should have
done a very long time ago.
Speaker 2 (00:31):
And there's a new policy.
Speaker 1 (00:34):
LA County prosecutors must speed up the filing of felony
charges against people accused of sex crimes or violence against
family members.
Speaker 2 (00:45):
So how did this come about?
Speaker 1 (00:47):
Well, there was a recent La Times report highlighting how
a backlog of criminal cases in the DA's office may
have played a role in the sexual assault and the
murder of a thirteen year old boy.
Speaker 2 (01:01):
The Deputy District.
Speaker 1 (01:02):
Attorney, Steve Katz, said that once a decision has been
made to seek an arrest warrant in a case like this,
the process to file a criminal complaint has to start
within one business day, and it doesn't matter what the
backlog is. A spokesperson for the DA said that there
was a push to streamline cases the case processing at
(01:25):
every single level, and here is why the announcement comes
About twenty four hours after, The La Times did an
investigative piece and published report confirming that a backlog of
thousands of pending cases. I mean, that's how crazy this is.
That the backlog may have probably did play a role
(01:50):
in delaying charges against Mario ed Gottardo Garcia Aquino, who
is a former Youth so Youth soccer coach who stands
accused of murder in the death of one of his players,
thirteen year old Oscar Omar Hernandez. And the argument is
(02:10):
that had criminal charges been filed timely, this guy would
never have been able to kill this thirteen year old.
And that is why this new policy is put into place.
And this makes sense. So what happens is if someone
is accused of sexual assault and in this case, murder,
(02:36):
it gets put to the front of the line. Criminal
charges have to be filed instantly, within twenty four hours.
Speaker 2 (02:45):
Let's take some phone calls.
Speaker 1 (02:47):
Troy, Hello, Troy.
Speaker 3 (02:50):
Bill, Yes, yes, sir, listen deal. I want to see
if I have a chase.
Speaker 2 (02:56):
Okay are you? Are you on a speaker phone?
Speaker 1 (02:58):
Troy, I am no, you had to get off the speakerphone.
Speaker 3 (03:02):
Okay, great, a second here, okay.
Speaker 2 (03:05):
Oh much better, Okay.
Speaker 3 (03:07):
Okay, great, Yeah, I want to say if I have
a case starts a store ste situation, is this that
I had a storee a vehicle stored on the storage
facility along with commercial vehicle and rving like that. Mine
was broke into ramshack, broke the windows all over the place.
(03:27):
The thing is that my vehicle was part You can
see the camera. You can see my vehicle from the camera.
But it's been about a week and a half now
and I've been trying to get some input on they
see the one that they saw something or whatever. They
keep from it off with it.
Speaker 2 (03:43):
They won't let you. They won't. They won't let you
go in to even see the vehicle.
Speaker 3 (03:48):
No, they won't. You can sit the vehicle, but they
won't run to take back for these two secrets.
Speaker 1 (03:53):
Okay, hold on, I didn't understand any of that. They
will let you go in and see the vehicle. And
then what did you say after that?
Speaker 3 (04:00):
Well, no, I saw my vehicle. I went there, but
I mean on a camera to see who was it.
Was it an inside job or it.
Speaker 1 (04:07):
Doesn't matter, It doesn't matter. What do you care if
it was an inside job or not. You just want
to get the value of what was in the car
and any damages that's there.
Speaker 2 (04:15):
That's their problem to figure out. So how much what
what ended up being stolen? Broken? What is it going
to costant repair?
Speaker 3 (04:22):
Oh, the window was broken, three of the two of
the window was broken out. It was remshag. I had
a computer, I had a camera.
Speaker 2 (04:30):
Okay, here's the problem.
Speaker 1 (04:31):
Wait a minute, what why would you leave a computer
in a car that's being stored.
Speaker 3 (04:37):
Well, it wasn't pretty much an old computer. I have
a second that was just old but was okay, so.
Speaker 1 (04:41):
It's not so it's not worth very much. An old
computer is not worth very much. And then the problem
because and then the problem becomes, how do you prove
it was in the How do you prove it anything
was in the car?
Speaker 2 (04:51):
That's the problem.
Speaker 1 (04:53):
So certainly they're going to be responsible, assuming that they're negligent,
but you know, you give them the expectation is that
they have a fence, that it's well secured, and so
I would argue they are negligent for any damage.
Speaker 2 (05:07):
That happened to the car. Okay, that's easy.
Speaker 1 (05:09):
Windows being broken, no problem, in any other damage, no problem.
The problem is what was in the car and if
there was something mechanically wrong with the car, you're gonna
have a problem proving that too. So it's basically just
what was obvious. So that's where you sit. That's why.
And then if they let you in, you can ascertain
the damage. You simply go to a glass company, car
(05:31):
company and go how much does it cost? Here's the
model of my car, here's the make What does it
cost to replace a windshield?
Speaker 2 (05:36):
Side windows? You don't have an idea about what the
damages are? Hello, James, you're up. Welcome to handle on
the law.
Speaker 3 (05:44):
Hey Bill, me and my ex wife have a house.
Speaker 2 (05:48):
She's there with the one minor child. We're both on
the deed.
Speaker 4 (05:53):
I'm just on the Morgan just keeps going late, like
three or four times a year, being in my credit it.
Speaker 5 (06:01):
I was wondering, is there anything I can do? Can
I take her back to court?
Speaker 6 (06:04):
Yeah?
Speaker 3 (06:04):
You can?
Speaker 1 (06:05):
And the support sure, I know it's not gonna affect
your it's not going to affect your child support that
they're not going to diminish.
Speaker 2 (06:10):
But here's the question. You ended.
Speaker 1 (06:11):
You're on the least, you're on the UH on the
mortgage and she's on title.
Speaker 2 (06:18):
Yes, or are you both on.
Speaker 5 (06:19):
Title, because we're both on title.
Speaker 2 (06:22):
I'm just on the loan, oh by yourself? Yes, all right?
Speaker 1 (06:27):
So and she's not making and what is it? And
what does the court order say? How much does she pay?
Speaker 3 (06:34):
Well, I give her almost a thousand child support.
Speaker 1 (06:37):
Yeah, that is nothing to do with how much does
she paid towards the mortgage? How much is she supposed
to pay towards the mortgage?
Speaker 3 (06:42):
Oh, the mortgage eighteen hundred.
Speaker 1 (06:44):
She's supposed to pay eighteen hundred dollars a month, right, yeah, okay,
and she's not paying it in your.
Speaker 3 (06:50):
Life thought, Ryan, thing's my credit for two years?
Speaker 2 (06:54):
I understand. I go back to court.
Speaker 3 (06:56):
Can I go back to court request child support resent
to the mortgage?
Speaker 1 (06:59):
No, but you could, but I don't think. But that's
your kid. The kid has nothing to do with it.
That's for the benefit of your child. And the court's
not going to say, oh, yeah, we're willing, We're willing
to screw your kid over to make sure that your
credit uh is in good shape.
Speaker 2 (07:14):
No, court's going to do that, Jim.
Speaker 5 (07:16):
She's she's screwing me over.
Speaker 1 (07:18):
Yes she is, Yes she is. But they're not going
to make your kids suffer for it. It's not your.
Speaker 3 (07:23):
Kid's fault, right, that's an option, right, No.
Speaker 2 (07:27):
It's not so. Uh.
Speaker 1 (07:29):
You have to effectively have a court order which she
has to pay, and she doesn't pay, you can nail
her for contempt if she has the money, and if
she doesn't have the money, you're screwed. And then you
can or you can you can force the sale of
the house. And I don't know, yeah, and I don't know,
(07:50):
and I don't know if the court is going to
allow you to sell the house because your minor child
has a place to live. That's where your divorce attorney
gets involved and starts negotiating with her attorney or with
her that if there's an alternative she has the money,
maybe it's an apartment. So you're off the hook and
you can pay off the house and force to sale
(08:10):
the house.
Speaker 2 (08:11):
That can be done, and you need a family.
Speaker 1 (08:13):
Law attorney to do it, so get Yeah that's it,
you know, So you can go to handle on the
law dot com, get a family law attorney, go euro it,
go to your existing attorney.
Speaker 5 (08:23):
Unscrewed one.
Speaker 2 (08:25):
Yeah, yeah, of course you're screwed. Yeah, what that's a shocker.
Speaker 1 (08:30):
Uh, Yeah, this is Handle on the Law. I handle
here on a Saturday morning, and welcome back to handle
on the law Marginal legal advice.
Speaker 4 (08:48):
Anna, Hi, Anna, Hi deal.
Speaker 7 (08:52):
How are you?
Speaker 2 (08:53):
I'm God? What can I do for you?
Speaker 1 (08:55):
Anna Deill?
Speaker 8 (08:57):
Question?
Speaker 7 (08:59):
My husband passed away under about two years ago. He
had many accounts, which I didn't even like it, but
he said, come on, we're going to banks and put
your name on account. But there's many accounts that we
didn't And uh, do I have to go to the
banks with a probate letter?
Speaker 8 (09:21):
Maybe if he does?
Speaker 1 (09:23):
Yeah?
Speaker 2 (09:24):
Maybe do you know which banks he had the accounts in?
Speaker 7 (09:28):
I'm not sure, but he had there's many different.
Speaker 1 (09:31):
Old Anna, you have to know which banks because if
you don't know which banks, how are you going to
get that money?
Speaker 2 (09:40):
Yeah?
Speaker 7 (09:40):
Well I have named theo many banks.
Speaker 5 (09:42):
Okay, they don't have proof of it.
Speaker 2 (09:44):
Okay, Well they have the proof.
Speaker 1 (09:47):
If you have the names of banks and your husband
had an account, they have the proof.
Speaker 2 (09:52):
And how much money do you think we're talking about?
Speaker 7 (09:54):
Anna, Well, between his nephews and I ended up with
a heart tech. They kept pounding them for a million
dollars from investor to put it in their name. So
they don't have to.
Speaker 8 (10:05):
Pay for how much?
Speaker 1 (10:06):
Okay, forget all that money is gone. Okay, forget about that.
What do you think is left?
Speaker 7 (10:12):
I take five hundred thousand?
Speaker 1 (10:14):
Okay, it's worth to get a trust in a state lawyer,
because that's a real complicated issue going after banks, going
after accounts to which your name was not on, and
it's it's a little complicated in a go to handle
on the law dot com and get a trust in
a state lawyer to help you on that one, because
it's there's a lot to that complicated amount and trying
(10:36):
to figure out if you can find banks that he
had an account in. So, yeah, you need some help.
Great story by the way, about W. C.
Speaker 2 (10:45):
Fields. If you knew who W. C.
Speaker 1 (10:48):
Fields was after in the thirties and forties, you know,
my little chickadee and very famous guy. And he was
crazy and didn't trust anybody, didn't trust anybody, and so
and he was part of the vaudeville circuit before he
went into films and the vaudeville or just the entertainment
that's done on stage or less that sort of thing.
(11:10):
And so he went all over the country in various
vaudeville groups and he would open up bank accounts in
almost every city that he was in, in different names,
and they figure that well, in those days it would
have been hundreds of thousands of dollars, which today is
worth tens of millions of dollars. And they never the
(11:34):
money never went any place because after he's dead, no
one knew where the money was, No one knew what
name the accounts were in. So the way it works
is the money goes into the bank and it stays
there for seven years and if there's no activity then
and the bank tries to find whoever is the beneficiary
of a bank account, and then the money goes to
(11:55):
the state. It is cheats, that's es ch EA tss G.
And then it goes to the state and there it
sits there for a number of years. And uh, there
is now a website where you go on and uh
you find out and you can look that up. Uh,
you know money is cheated to the state. Find out
if your money if they you know, there is any
there and uh then if there's no way makes a claim,
(12:18):
state just keeps it becomes part of their income. I
just got a little bit of money from a bank.
I've never heard of that somehow, and I got contacted
by the banks. They somehow find my found my address
and they said, by the way, next week it goes
to the next week, it goes to the state, and
it was a.
Speaker 2 (12:37):
Bank out of Florida. And so I filled out the forms.
I just got the check.
Speaker 1 (12:42):
You know, it wasn't impressive, but I got the check.
I mean, it'll buy me a cup of coffee at Starbucks.
But then again, that's thousands of dollars, isn't it. Uh?
Speaker 2 (12:53):
Is that funya? Do I have that right? Or a
ponia or pony?
Speaker 7 (12:57):
Hi?
Speaker 6 (12:58):
There?
Speaker 8 (12:58):
How are you? Good morning?
Speaker 6 (12:59):
There?
Speaker 1 (12:59):
You go?
Speaker 2 (12:59):
Yeah?
Speaker 6 (13:00):
Uh?
Speaker 2 (13:00):
How do you pronounce your name? It's where's that from? Pena?
Speaker 8 (13:05):
Yes, it's a Persian name.
Speaker 2 (13:07):
Oh Persian? Okay, got it?
Speaker 8 (13:09):
Just like your Persian palace?
Speaker 2 (13:11):
Yes, yes, and you have lots of chandlers at your place.
All right, what can I do for you?
Speaker 8 (13:15):
I'm at minimalist, but I'm not your typical Persian. But
I'm a man.
Speaker 5 (13:21):
I always listen to you every morning.
Speaker 8 (13:23):
And they briefly probably told you what happened with me.
Speaker 1 (13:27):
No, no, you got to tell you.
Speaker 3 (13:30):
I'll make it quick.
Speaker 8 (13:31):
And so I actually reached that to Michelle several John
Cobbles show because it really affected me when it happened
last night. So I was going to my peeo box
in Mission Diego and the two masked people imagine you're
a woman, you're going to your peel box and the
two people two guys hit too, told they're wearing black,
(13:55):
and they stuck a camera in my face and they
started speaking to me, and something I didn't understand turned
out to be Spanish, and I said, why are you
videotaping me?
Speaker 3 (14:05):
And speak English? Well?
Speaker 8 (14:09):
And then I said, the last time I take this
is America, speak English? Why are you videotaping me? And
you don't have my permission? So anyway, long story short,
I got really scared, and you know, I was like
off guard. I called the police. Police comes, Oh, well, lady,
very rude. Haven't you heard these people videotape people and
they want to agitate people, and you are so rude
(14:30):
to me? Anyways, and I said, well, they're videotaping me
and they have my they're videotaping my car, they have
my information. Oh, just sitting in your current leave. So
I started my car my left. I googled them. So
apparently they're like at that time, which was mail last year.
They're like fifty sixty posts.
Speaker 3 (14:48):
So they irritap people.
Speaker 4 (14:49):
Me.
Speaker 2 (14:50):
You, how did you know to Google them? Do they
give you a name of their organization?
Speaker 4 (14:55):
No?
Speaker 8 (14:55):
No, no, no no, I went on Google people videotaping.
Speaker 2 (15:00):
Okay, So they have an organization. Okay, so it's called
Long Beach Observed whatever it is.
Speaker 8 (15:06):
Whatever they are, So they agitate people. So if people
come and beat them up or whatever, so then they
get people get arrested. So they're basically agitators. Okay, and
it's okay if they mind it.
Speaker 2 (15:21):
You've got to get to the point here. We're running
a little long.
Speaker 6 (15:23):
Okay.
Speaker 8 (15:24):
So I'm a physician. They made a viral video of me,
so now it's racist Karen. And so when you go
google my name, so you know what, I've been practicing
for twenty thirty years. I have a good reputation. So
these a holes have my viral video out of context.
So it's on the YouTube I've been writing, so.
Speaker 2 (15:47):
Let me ask you. And YouTube will not eliminate it,
will not delete it.
Speaker 8 (15:50):
I'll not eliminate it.
Speaker 5 (15:52):
They will not delete it.
Speaker 8 (15:53):
And some other random guy from Philadelphia has made a
video on me. Oh, listen to the doctor Rahimi the
racist And all I said is speak English.
Speaker 3 (16:04):
This is America, all right?
Speaker 1 (16:05):
So okay, Yeah, you don't know what to do about it,
well other than contact YouTube. And I don't understand if
you make a formal complaint and to YouTube and whatever
complaint system they have. Uh, and they're not willing to
lead it. You're in a world a hurt because I mean,
what do you do? Do you file a lawsuit against YouTube?
Speaker 2 (16:22):
Yeah? Maybe? So they no?
Speaker 8 (16:25):
And then you don't want to bring more attention to yourself.
It's called barbarous rights and effects. And I talked to lawyers,
but I just wanted to see. I just listened to
the Trump's Uh.
Speaker 4 (16:38):
What what?
Speaker 2 (16:39):
What can I do?
Speaker 1 (16:40):
What?
Speaker 8 (16:40):
What?
Speaker 2 (16:41):
What do you asking?
Speaker 5 (16:41):
What do you think?
Speaker 2 (16:42):
What do I say?
Speaker 8 (16:43):
Do you think?
Speaker 1 (16:44):
What?
Speaker 5 (16:44):
Is there there a law called takedown law?
Speaker 3 (16:47):
Have you heard about that?
Speaker 4 (16:49):
No?
Speaker 2 (16:50):
So yeah I have, but I'm not going to get
into it. Uh it's a long story. But in the end,
what do you do?
Speaker 4 (16:57):
You know?
Speaker 2 (16:58):
You go to YouTube? I mean, can you hire an
attorney to go for it?
Speaker 7 (17:02):
Yeah?
Speaker 2 (17:03):
Are you going to?
Speaker 1 (17:04):
No?
Speaker 2 (17:05):
So you sort of live with it, you know, and
you just deal with it.
Speaker 1 (17:09):
And you know, so you have someone calling you a
racist on YouTube, Well do people go on YouTube. I
don't go on YouTube. I google people, I look at
you know, certainly websites. That's a tough calls happening more
and more.
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NetSuite dot com slash handle. This is Handle on the Law.
Speaker 2 (18:24):
You're listening to bill Handle on demand from kf I
AM six forty welcome back.
Speaker 1 (18:32):
Handle on the Law marginal legal advice Diane.
Speaker 2 (18:38):
Hello Diane, Oh yes, hello, Yes, ma'am.
Speaker 5 (18:44):
I'm calling regarding a two part question, the first part
being we were the weekends in a hotel with underground
parking that you can sometimes get for free or you
pay for it for frequent guests. Our car was stolen.
WHOA okay, underground parking. Talking to them, they have no cameras,
(19:07):
so that's a question there. We've since noticed they've mounted
a camera out the exit, right.
Speaker 1 (19:12):
They don't have to have there's nothing in the lot
says they have to have a camera. So let me
answer that question. All right, next question, But.
Speaker 5 (19:19):
Every other Marriott we've stated in the area we got
around the luck they did have camera.
Speaker 2 (19:24):
I don't think it really matters.
Speaker 1 (19:25):
They so they don't have a camera, but if you
expected a camera, But then again, you know, that doesn't
change the car was stolen. Maybe if someone was monitoring
it and looking at the camera, because usually cameras are
recording devices. Uh, they're not real time monitoring where someone
sits there and is looking at a camera.
Speaker 5 (19:43):
Usually, so sheriff, what happened, opportunity to go check the
reel to see you know who took it?
Speaker 2 (19:49):
Yeah, but does that mean. Okay, so what because the
car is still stolen.
Speaker 5 (19:55):
No, it was recovered and now salvaged.
Speaker 2 (19:57):
Okay, so it would have so let me ask us.
But let me really quickly, let's go to that.
Speaker 1 (20:02):
If the sheriff's knew about it and the car was
all chopped up anyway, that doesn't change what happened. They
just catch the guys versus you getting the car. But okay,
so what's your second question, Diane, The.
Speaker 5 (20:17):
Second half of that, since the insurance it was found
by the sheriff and they said, the many times there's
been other stolen cars I guess in the area of
the insurance company now and dealing with them, are offering
exactly half of what's going to cost to replace.
Speaker 7 (20:35):
Yeah.
Speaker 1 (20:35):
That happens all the time. Yeah, it happens all the time, Diane.
Happens all the time because wait, wait, hold on a minute.
When you talk about replacing the car, you're talking about
the same model, year, in the same mileage, correct, exactly, Okay,
And they're saying we're going to give you half of that. Yes,
(20:55):
you say, no, you know I'm not going to you know,
I'm not going to take half of the value of
the car. H it's the car is worth Let's say
if you go to blue Book, that mileage, the shape,
that car is in the year, and the model is
worth let's say ten thousand dollars, and they offer you
five thousand dollars. And when you point out to them, hey,
wait a minute, this car is worth ten thousand dollars
(21:18):
as it sits.
Speaker 2 (21:18):
Why aren't you paying me that? Have you had that conversation?
Speaker 5 (21:22):
We're just having it since this all just occurred with
them with the first offer.
Speaker 2 (21:27):
Well, you say no, no, you say, look at blue Book?
What the value I want? What the value of the
car is that you're entitled to have with the insurance company.
Speaker 1 (21:34):
Oh, so you don't even worry about you know, the
you know who's it falls video cameras, because what are
you gonna do.
Speaker 2 (21:40):
You're gonna start suing Marriott.
Speaker 1 (21:42):
They're going to say we don't have to have it,
and you get into a huge mess or with your
insurance company. Uh, you actually can sue your insurance company
if they don't want to pay you the value of
the car.
Speaker 5 (21:54):
Right about the contents that we're in it.
Speaker 2 (21:56):
That's a problems. Yeah, how do you prove that, Diane?
Speaker 5 (22:03):
I guess you'd have to just say my word.
Speaker 2 (22:06):
That doesn't work.
Speaker 5 (22:07):
Well, it was a weekend trip for fishing.
Speaker 1 (22:10):
Doesn't matter, okay, but you know, okay, so it's a
fishing rod. Now is your fishing rod worth twenty five
dollars or it was one of those incredibly expensive eight
hundred dollars reels?
Speaker 3 (22:21):
It was an expensive one.
Speaker 2 (22:22):
There you go, and I'm going to say, you can't
prove it.
Speaker 3 (22:25):
I guess we have receipts. We do have receipts.
Speaker 2 (22:28):
You do have receipts. Yes, oh, then you then you
have proof.
Speaker 3 (22:33):
Okay, then you have.
Speaker 1 (22:34):
Proof of what's there with receipts. It's a question when
I asked, how do you prove it? And you go,
I have receipts.
Speaker 6 (22:40):
That's true.
Speaker 5 (22:41):
Now the question goes back to again the dis possibility
of the hotel collecting.
Speaker 1 (22:46):
You can try, but they're going to say, but they're
going to say, there was an intervening criminal act. Not
usually stops liability intervening criminal acts. But if the standard
care is to have cameras, But then again they're going
to say it doesn't matter because they would have stole
in the car anyway.
Speaker 2 (23:02):
They don't care.
Speaker 4 (23:02):
So it is.
Speaker 1 (23:04):
It is a deterrent, But how much of a deterrent?
I mean, do you you have to prove that if
there were cameras there, these thieves would not have taken
the car. That's yeah, that's a stretch.
Speaker 2 (23:17):
Probably not.
Speaker 1 (23:18):
Probably doesn't work in court. You have to be very specific.
That's the problem. You can't do probably, and this is
what I think, et cetera. So, uh, it's it's kind
of difficult.
Speaker 2 (23:30):
Joey, Hi, Julie, welcome to handle on the law.
Speaker 4 (23:35):
Hi Bill, I'm bat Hey, listen to you every day.
Speaker 5 (23:38):
Oh, thank you.
Speaker 4 (23:39):
The problem is my problem is I refined my.
Speaker 3 (23:43):
Property for divorce reasons.
Speaker 8 (23:47):
It was recorded as a purchase. So when they assessed it,
I got assessed for over six thousand dollars on property tax.
I had to fight for that to have it reduced.
They told me time it would be eight months. They
forced me into pay the six thousand dollars.
Speaker 2 (24:04):
Yeah, yeah, you pay it, Yeah, you always pay it
now and then you worry about it now.
Speaker 4 (24:08):
They're telling right now, they're telling me I won't be
refunded for another two years.
Speaker 5 (24:16):
Oh that's your.
Speaker 3 (24:18):
Yeah.
Speaker 8 (24:19):
So are they.
Speaker 4 (24:21):
Mandated to pay interests since they're holding onto my money,
and is there anything else that could be done?
Speaker 2 (24:28):
Yeah, I don't think there. I don't think they're mandated
to pay interest. I think interest goes only one way
when you owe them.
Speaker 1 (24:34):
Certainly that works with the irs, and I think it's
the same with reassessment, where they send you money back.
Speaker 2 (24:41):
I have never heard of interest being paid, and a
couple of times.
Speaker 1 (24:45):
That I have reassessed, for example, once after the earthquake
in ninety four, I reassessed downwards, and during the recession
I asked for reassessment and.
Speaker 2 (24:59):
It went down.
Speaker 1 (25:00):
Also, I don't remember interest, So the answer is probably not.
Now the other side of it is what can you do.
I have not yet heard of a two year delay,
and it could be and nothing stops them from doing it,
because their argument is going to be, and this is
not arbitrary or capricious, the argument's going to be, we
(25:22):
are so backlogged that we simply don't have the personnel.
The city of Los Angeles right now is a billion
dollar deficit, and what do you do with that?
Speaker 6 (25:37):
Now?
Speaker 1 (25:37):
This is the county that assesses, and the county is
in reasonable shape. What I would do is and I
don't know if anything can be done to speed it up.
I would call your county supervisor, the office of the Supervisor,
because they have someone that does constituent relations. They always
do every office does because they like to get voted
back into back into office.
Speaker 2 (26:00):
I try that route. That's what I would do.
Speaker 1 (26:02):
Legally, there's nothing you can do, and you wait. What
it becomes is for savings, Julie.
Speaker 2 (26:08):
That's it.
Speaker 1 (26:09):
It's for savings where you take the money and you
don't get any interest, but you are forced to save it.
This is handle on the law, KF. I am six
forty bill handle here. It is a Saturday morning. This
is handle on the law. Marginal legal advice where I
(26:31):
tell you you have absolutely no case. Dana, Hi, Dana, Yes, Hi, Yes, Bill,
thank you.
Speaker 2 (26:39):
I'm glod what I do for you, Dana.
Speaker 4 (26:42):
I have a huge issue with my division of my
mother's estate. Okay, and it's very complicated, but my mother
always wanted everything to be equally divided. Three girls and
my sisters were able to take the house out of
(27:04):
the trust and put it up for sale, and they
got a bid on it. And they told me, if
I met that bid and paid each one ten thousand
dollars for the contents that I could purchase the house.
And this was a verbal, and I said, I agree
to meet that bid. And anyway, then I said, I'm
(27:27):
not sure about the ten thousand each for the contents,
because you already had an estate salesperson here and he
valued the contents at ten thousand, and there's three of us,
and I said, you know, it's not really exactly right.
But then my little sister was gone for a week
and the next time I talked to him there at
the attorney's office, my mother's trust attorney, and he said,
that was a verbal. It means nothing, and it's going
(27:49):
to go to sale to the highest bidder, and you
have to put a one percent good faith deposit down
and if you're overbid, you will be notified and you'll
have an opportunity to rebid. I did that and was
never notified by registered or certified letter. What I got
was a note from the attorney, a letter from the
(28:09):
attorney saying it sold for seven hundred and twenty five
thousand dollars and here's your check back, and now they
want me to sign the deed. And I said, no,
I never even wanted to sell. I never wanted to
sell the house.
Speaker 2 (28:25):
To begin with, and so what's your question.
Speaker 4 (28:30):
Well, I know they're going to take it to partition now, okay,
make a court.
Speaker 2 (28:33):
For Yep, that's what they're gonna do. So what's your question, Dana?
Speaker 4 (28:37):
Okay, So do I have another opportunity to bid or I.
Speaker 1 (28:42):
Think you do? I think you do because when they
partitioned it, they put it up for sale.
Speaker 4 (28:48):
And it started off for sale again.
Speaker 2 (28:50):
Anybody again, anybody bids on it. It's open market. Wow,
So you can rebid all you want.
Speaker 5 (28:59):
Well, there's an huge issue involved in all of this.
Speaker 4 (29:02):
My sister borrowed a large amount of money for my
mother to purchase a house in the Bay Area.
Speaker 2 (29:09):
She borrowed a large amount of money from your mom.
Speaker 4 (29:13):
Yes, okay, there was There was never anything written down.
Speaker 6 (29:16):
It was a verbal.
Speaker 2 (29:17):
It doesn't matter, and that your mom gave it to me.
Your mom gave her the money. She's just allowed to
do that, right.
Speaker 4 (29:25):
My sister was supposed to pay back, so they had
a house they were going to sell the house of
following spring, give mother that money, continue to make payment.
Speaker 1 (29:33):
Dana, it doesn't matter. Your mother gave up the money
and what other agreement they have. It was your mother
that goes after the sister, and if there was an
agreement that she breached. By the way, verbal agreements mean
nothing because you'll never be able to prove it because mom,
you know, parents give kids money all the time.
Speaker 3 (29:52):
Uh.
Speaker 1 (29:52):
If there was an agreement that can be established, then
the estate sues one of the sisters.
Speaker 4 (29:57):
Okay, and that's what I want to do. That's what
I want to do.
Speaker 1 (30:00):
Okay, on behalf of the estate. You do that, now
you may have to force the estate to sue. I mean,
obviously you need a probate attorney. This is a very
complicated situation, there's no question about it.
Speaker 3 (30:10):
Okay.
Speaker 8 (30:12):
Can I put a lean on the house?
Speaker 1 (30:13):
Yea?
Speaker 2 (30:14):
The house? Well you want to go, yeah, you might.
What your house is in the sister's.
Speaker 4 (30:18):
Name, the house that my my sister borrowed three hundred
and thirty thousand from my mother.
Speaker 2 (30:24):
And okay, and so which house is in your sister's name.
Speaker 4 (30:28):
The one that she spent at three hundred and thirty thousand.
Speaker 5 (30:31):
So that's not the house.
Speaker 1 (30:32):
So that's not the house in question here we're talking
about it. She's another house, right, it's the money.
Speaker 4 (30:38):
My sister borrowed from my mother, which affected everybody because
my mother had to take that money out of investment.
Speaker 2 (30:44):
She can do that, she can do that, she can
do whatever she wants. It's her money.
Speaker 4 (30:49):
But she wanted the money back and my sister no,
she only it's only paid back.
Speaker 8 (30:53):
Then it's up to one thousand dollars.
Speaker 2 (30:54):
Then it's up to the estate to sue the sister.
Speaker 4 (30:58):
And okay, And in the meantime, the attorney, her trust attorney,
got my sister to sign a promisory note because he said,
there's nothing in writing that shows that your mother lent
the money to you.
Speaker 2 (31:09):
That's correct. So your sister signed a promisory note to
the estate.
Speaker 4 (31:13):
Correct promisory note to my mother.
Speaker 2 (31:16):
Okay, that becomes part of the state.
Speaker 1 (31:18):
You know, this is getting way too complicated because you
got level upon a late level, you got an attorney
on it. You go to the attorney. Otherwise we're going
to spend half an hour on this. And not only
do we not have the time, I do only have
the patience.
Speaker 2 (31:32):
John, Hello, John, Welcome.
Speaker 6 (31:35):
Bill. I had an auto accident about three weeks ago,
and we exchanged all the information and everything, and I
notified my insurance and they made a claim member. And
then about four or five days ago, I got a
letter from the claimant statement of accident, and they've got
like two pages of question for me. You know, what
(31:59):
were you doing? Where were you're going? Everything? Do I
need to tell it out now?
Speaker 1 (32:05):
Now?
Speaker 2 (32:05):
You don't have to fill it out now, should you?
Speaker 1 (32:08):
It's but it's a different story if they're trying to
figure out liability. They're trying to figure out if it's
their insurance fault or your fault, and if in fact
it is, let's say there's a rear ender there.
Speaker 2 (32:21):
Well, let's let's go backwards for a moment. What happened
in the accident?
Speaker 8 (32:25):
Uh?
Speaker 6 (32:26):
A car in front This was on a rainy day,
and a car in front of me just jammed the brakes. Okay,
I hit my brake and instead of going into her,
I saw a street, so I turned right, and if
I turned right, there was another car coming off of
that street and I slid right into it.
Speaker 1 (32:44):
Oh okay, Well, here's what you do when you answer
that question the way you answered that question.
Speaker 7 (32:51):
Uh?
Speaker 1 (32:52):
And who uh, which insurance company did you turn the
the the information to? You're talking about the that you
hit that car right.
Speaker 8 (33:03):
Right?
Speaker 1 (33:03):
No, okay, No, I understand. And is it your company
that's asking for that information?
Speaker 7 (33:10):
No?
Speaker 6 (33:10):
No, her company?
Speaker 2 (33:12):
Okay, and you hit her right?
Speaker 5 (33:14):
Yes, okay.
Speaker 2 (33:16):
I would call my insurance company and say, you know what,
what do you want me to do with this?
Speaker 6 (33:21):
Okay?
Speaker 1 (33:21):
Yeah, let them figure out what you want to do
with this, because you don't want to You don't want
to admit that you're liable with the conversation is completely over.
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Speaker 2 (34:15):
This is handle on the Law. You're listening to Bill
Handle on demand from kf I AM six forty
You're listening to k I AM six forty the bill
handles show on demand on the iHeartRadio f.
Speaker 2 (00:09):
KFI AM six forty Bill handle.
Speaker 1 (00:11):
It is a Saturday morning. This is handle on the law,
marginal legal advice where I tell you have absolutely no case.
LA County has done something that they actually should have
done a very long time ago.
Speaker 2 (00:31):
And there's a new policy.
Speaker 1 (00:34):
LA County prosecutors must speed up the filing of felony
charges against people accused of sex crimes or violence against
family members.
Speaker 2 (00:45):
So how did this come about?
Speaker 1 (00:47):
Well, there was a recent La Times report highlighting how
a backlog of criminal cases in the DA's office may
have played a role in the sexual assault and the
murder of a thirteen year old boy.
Speaker 2 (01:01):
The Deputy District.
Speaker 1 (01:02):
Attorney, Steve Katz, said that once a decision has been
made to seek an arrest warrant in a case like this,
the process to file a criminal complaint has to start
within one business day, and it doesn't matter what the
backlog is. A spokesperson for the DA said that there
was a push to streamline cases the case processing at
(01:25):
every single level, and here is why the announcement comes
About twenty four hours after, The La Times did an
investigative piece and published report confirming that a backlog of
thousands of pending cases. I mean, that's how crazy this is.
That the backlog may have probably did play a role
(01:50):
in delaying charges against Mario ed Gottardo Garcia Aquino, who
is a former Youth so Youth soccer coach who stands
accused of murder in the death of one of his players,
thirteen year old Oscar Omar Hernandez. And the argument is
(02:10):
that had criminal charges been filed timely, this guy would
never have been able to kill this thirteen year old.
And that is why this new policy is put into place.
And this makes sense. So what happens is if someone
is accused of sexual assault and in this case, murder,
(02:36):
it gets put to the front of the line. Criminal
charges have to be filed instantly, within twenty four hours.
Speaker 2 (02:45):
Let's take some phone calls.
Speaker 1 (02:47):
Troy, Hello, Troy.
Speaker 3 (02:50):
Bill, Yes, yes, sir, listen deal. I want to see
if I have a chase.
Speaker 2 (02:56):
Okay are you? Are you on a speaker phone?
Speaker 1 (02:58):
Troy, I am no, you had to get off the speakerphone.
Speaker 3 (03:02):
Okay, great, a second here, okay.
Speaker 2 (03:05):
Oh much better, Okay.
Speaker 3 (03:07):
Okay, great, Yeah, I want to say if I have
a case starts a store ste situation, is this that
I had a storee a vehicle stored on the storage
facility along with commercial vehicle and rving like that. Mine
was broke into ramshack, broke the windows all over the place.
(03:27):
The thing is that my vehicle was part You can
see the camera. You can see my vehicle from the camera.
But it's been about a week and a half now
and I've been trying to get some input on they
see the one that they saw something or whatever. They
keep from it off with it.
Speaker 2 (03:43):
They won't let you. They won't. They won't let you
go in to even see the vehicle.
Speaker 3 (03:48):
No, they won't. You can sit the vehicle, but they
won't run to take back for these two secrets.
Speaker 1 (03:53):
Okay, hold on, I didn't understand any of that. They
will let you go in and see the vehicle. And
then what did you say after that?
Speaker 3 (04:00):
Well, no, I saw my vehicle. I went there, but
I mean on a camera to see who was it.
Was it an inside job or it.
Speaker 1 (04:07):
Doesn't matter, It doesn't matter. What do you care if
it was an inside job or not. You just want
to get the value of what was in the car
and any damages that's there.
Speaker 2 (04:15):
That's their problem to figure out. So how much what
what ended up being stolen? Broken? What is it going
to costant repair?
Speaker 3 (04:22):
Oh, the window was broken, three of the two of
the window was broken out. It was remshag. I had
a computer, I had a camera.
Speaker 2 (04:30):
Okay, here's the problem.
Speaker 1 (04:31):
Wait a minute, what why would you leave a computer
in a car that's being stored.
Speaker 3 (04:37):
Well, it wasn't pretty much an old computer. I have
a second that was just old but was okay, so.
Speaker 1 (04:41):
It's not so it's not worth very much. An old
computer is not worth very much. And then the problem
because and then the problem becomes, how do you prove
it was in the How do you prove it anything
was in the car?
Speaker 2 (04:51):
That's the problem.
Speaker 1 (04:53):
So certainly they're going to be responsible, assuming that they're negligent,
but you know, you give them the expectation is that
they have a fence, that it's well secured, and so
I would argue they are negligent for any damage.
Speaker 2 (05:07):
That happened to the car. Okay, that's easy.
Speaker 1 (05:09):
Windows being broken, no problem, in any other damage, no problem.
The problem is what was in the car and if
there was something mechanically wrong with the car, you're gonna
have a problem proving that too. So it's basically just
what was obvious. So that's where you sit. That's why.
And then if they let you in, you can ascertain
the damage. You simply go to a glass company, car
(05:31):
company and go how much does it cost? Here's the
model of my car, here's the make What does it
cost to replace a windshield?
Speaker 2 (05:36):
Side windows? You don't have an idea about what the
damages are? Hello, James, you're up. Welcome to handle on
the law.
Speaker 3 (05:44):
Hey Bill, me and my ex wife have a house.
Speaker 2 (05:48):
She's there with the one minor child. We're both on
the deed.
Speaker 4 (05:53):
I'm just on the Morgan just keeps going late, like
three or four times a year, being in my credit it.
Speaker 5 (06:01):
I was wondering, is there anything I can do? Can
I take her back to court?
Speaker 6 (06:04):
Yeah?
Speaker 3 (06:04):
You can?
Speaker 1 (06:05):
And the support sure, I know it's not gonna affect
your it's not going to affect your child support that
they're not going to diminish.
Speaker 2 (06:10):
But here's the question. You ended.
Speaker 1 (06:11):
You're on the least, you're on the UH on the
mortgage and she's on title.
Speaker 2 (06:18):
Yes, or are you both on.
Speaker 5 (06:19):
Title, because we're both on title.
Speaker 2 (06:22):
I'm just on the loan, oh by yourself? Yes, all right?
Speaker 1 (06:27):
So and she's not making and what is it? And
what does the court order say? How much does she pay?
Speaker 3 (06:34):
Well, I give her almost a thousand child support.
Speaker 1 (06:37):
Yeah, that is nothing to do with how much does
she paid towards the mortgage? How much is she supposed
to pay towards the mortgage?
Speaker 3 (06:42):
Oh, the mortgage eighteen hundred.
Speaker 1 (06:44):
She's supposed to pay eighteen hundred dollars a month, right, yeah, okay,
and she's not paying it in your.
Speaker 3 (06:50):
Life thought, Ryan, thing's my credit for two years?
Speaker 2 (06:54):
I understand. I go back to court.
Speaker 3 (06:56):
Can I go back to court request child support resent
to the mortgage?
Speaker 1 (06:59):
No, but you could, but I don't think. But that's
your kid. The kid has nothing to do with it.
That's for the benefit of your child. And the court's
not going to say, oh, yeah, we're willing, We're willing
to screw your kid over to make sure that your
credit uh is in good shape.
Speaker 2 (07:14):
No, court's going to do that, Jim.
Speaker 5 (07:16):
She's she's screwing me over.
Speaker 1 (07:18):
Yes she is, Yes she is. But they're not going
to make your kids suffer for it. It's not your.
Speaker 3 (07:23):
Kid's fault, right, that's an option, right, No.
Speaker 2 (07:27):
It's not so. Uh.
Speaker 1 (07:29):
You have to effectively have a court order which she
has to pay, and she doesn't pay, you can nail
her for contempt if she has the money, and if
she doesn't have the money, you're screwed. And then you
can or you can you can force the sale of
the house. And I don't know, yeah, and I don't know,
(07:50):
and I don't know if the court is going to
allow you to sell the house because your minor child
has a place to live. That's where your divorce attorney
gets involved and starts negotiating with her attorney or with
her that if there's an alternative she has the money,
maybe it's an apartment. So you're off the hook and
you can pay off the house and force to sale
(08:10):
the house.
Speaker 2 (08:11):
That can be done, and you need a family.
Speaker 1 (08:13):
Law attorney to do it, so get Yeah that's it,
you know, So you can go to handle on the
law dot com, get a family law attorney, go euro it,
go to your existing attorney.
Speaker 5 (08:23):
Unscrewed one.
Speaker 2 (08:25):
Yeah, yeah, of course you're screwed. Yeah, what that's a shocker.
Speaker 1 (08:30):
Uh, Yeah, this is Handle on the Law. I handle
here on a Saturday morning, and welcome back to handle
on the law Marginal legal advice.
Speaker 4 (08:48):
Anna, Hi, Anna, Hi deal.
Speaker 7 (08:52):
How are you?
Speaker 2 (08:53):
I'm God? What can I do for you?
Speaker 1 (08:55):
Anna Deill?
Speaker 8 (08:57):
Question?
Speaker 7 (08:59):
My husband passed away under about two years ago. He
had many accounts, which I didn't even like it, but
he said, come on, we're going to banks and put
your name on account. But there's many accounts that we
didn't And uh, do I have to go to the
banks with a probate letter?
Speaker 8 (09:21):
Maybe if he does?
Speaker 1 (09:23):
Yeah?
Speaker 2 (09:24):
Maybe do you know which banks he had the accounts in?
Speaker 7 (09:28):
I'm not sure, but he had there's many different.
Speaker 1 (09:31):
Old Anna, you have to know which banks because if
you don't know which banks, how are you going to
get that money?
Speaker 2 (09:40):
Yeah?
Speaker 7 (09:40):
Well I have named theo many banks.
Speaker 5 (09:42):
Okay, they don't have proof of it.
Speaker 2 (09:44):
Okay, Well they have the proof.
Speaker 1 (09:47):
If you have the names of banks and your husband
had an account, they have the proof.
Speaker 2 (09:52):
And how much money do you think we're talking about?
Speaker 7 (09:54):
Anna, Well, between his nephews and I ended up with
a heart tech. They kept pounding them for a million
dollars from investor to put it in their name. So
they don't have to.
Speaker 8 (10:05):
Pay for how much?
Speaker 1 (10:06):
Okay, forget all that money is gone. Okay, forget about that.
What do you think is left?
Speaker 7 (10:12):
I take five hundred thousand?
Speaker 1 (10:14):
Okay, it's worth to get a trust in a state lawyer,
because that's a real complicated issue going after banks, going
after accounts to which your name was not on, and
it's it's a little complicated in a go to handle
on the law dot com and get a trust in
a state lawyer to help you on that one, because
it's there's a lot to that complicated amount and trying
(10:36):
to figure out if you can find banks that he
had an account in. So, yeah, you need some help.
Great story by the way, about W. C.
Speaker 2 (10:45):
Fields. If you knew who W. C.
Speaker 1 (10:48):
Fields was after in the thirties and forties, you know,
my little chickadee and very famous guy. And he was
crazy and didn't trust anybody, didn't trust anybody, and so
and he was part of the vaudeville circuit before he
went into films and the vaudeville or just the entertainment
that's done on stage or less that sort of thing.
(11:10):
And so he went all over the country in various
vaudeville groups and he would open up bank accounts in
almost every city that he was in, in different names,
and they figure that well, in those days it would
have been hundreds of thousands of dollars, which today is
worth tens of millions of dollars. And they never the
(11:34):
money never went any place because after he's dead, no
one knew where the money was, No one knew what
name the accounts were in. So the way it works
is the money goes into the bank and it stays
there for seven years and if there's no activity then
and the bank tries to find whoever is the beneficiary
of a bank account, and then the money goes to
(11:55):
the state. It is cheats, that's es ch EA tss G.
And then it goes to the state and there it
sits there for a number of years. And uh, there
is now a website where you go on and uh
you find out and you can look that up. Uh,
you know money is cheated to the state. Find out
if your money if they you know, there is any
there and uh then if there's no way makes a claim,
(12:18):
state just keeps it becomes part of their income. I
just got a little bit of money from a bank.
I've never heard of that somehow, and I got contacted
by the banks. They somehow find my found my address
and they said, by the way, next week it goes
to the next week, it goes to the state, and
it was a.
Speaker 2 (12:37):
Bank out of Florida. And so I filled out the forms.
I just got the check.
Speaker 1 (12:42):
You know, it wasn't impressive, but I got the check.
I mean, it'll buy me a cup of coffee at Starbucks.
But then again, that's thousands of dollars, isn't it. Uh?
Speaker 2 (12:53):
Is that funya? Do I have that right? Or a
ponia or pony?
Speaker 7 (12:57):
Hi?
Speaker 6 (12:58):
There?
Speaker 8 (12:58):
How are you? Good morning?
Speaker 6 (12:59):
There?
Speaker 1 (12:59):
You go?
Speaker 2 (12:59):
Yeah?
Speaker 6 (13:00):
Uh?
Speaker 2 (13:00):
How do you pronounce your name? It's where's that from? Pena?
Speaker 8 (13:05):
Yes, it's a Persian name.
Speaker 2 (13:07):
Oh Persian? Okay, got it?
Speaker 8 (13:09):
Just like your Persian palace?
Speaker 2 (13:11):
Yes, yes, and you have lots of chandlers at your place.
All right, what can I do for you?
Speaker 8 (13:15):
I'm at minimalist, but I'm not your typical Persian. But
I'm a man.
Speaker 5 (13:21):
I always listen to you every morning.
Speaker 8 (13:23):
And they briefly probably told you what happened with me.
Speaker 1 (13:27):
No, no, you got to tell you.
Speaker 3 (13:30):
I'll make it quick.
Speaker 8 (13:31):
And so I actually reached that to Michelle several John
Cobbles show because it really affected me when it happened
last night. So I was going to my peeo box
in Mission Diego and the two masked people imagine you're
a woman, you're going to your peel box and the
two people two guys hit too, told they're wearing black,
(13:55):
and they stuck a camera in my face and they
started speaking to me, and something I didn't understand turned
out to be Spanish, and I said, why are you
videotaping me?
Speaker 3 (14:05):
And speak English? Well?
Speaker 8 (14:09):
And then I said, the last time I take this
is America, speak English? Why are you videotaping me? And
you don't have my permission? So anyway, long story short,
I got really scared, and you know, I was like
off guard. I called the police. Police comes, Oh, well, lady,
very rude. Haven't you heard these people videotape people and
they want to agitate people, and you are so rude
(14:30):
to me? Anyways, and I said, well, they're videotaping me
and they have my they're videotaping my car, they have
my information. Oh, just sitting in your current leave. So
I started my car my left. I googled them. So
apparently they're like at that time, which was mail last year.
They're like fifty sixty posts.
Speaker 3 (14:48):
So they irritap people.
Speaker 4 (14:49):
Me.
Speaker 2 (14:50):
You, how did you know to Google them? Do they
give you a name of their organization?
Speaker 4 (14:55):
No?
Speaker 8 (14:55):
No, no, no no, I went on Google people videotaping.
Speaker 2 (15:00):
Okay, So they have an organization. Okay, so it's called
Long Beach Observed whatever it is.
Speaker 8 (15:06):
Whatever they are, So they agitate people. So if people
come and beat them up or whatever, so then they
get people get arrested. So they're basically agitators. Okay, and
it's okay if they mind it.
Speaker 2 (15:21):
You've got to get to the point here. We're running
a little long.
Speaker 6 (15:23):
Okay.
Speaker 8 (15:24):
So I'm a physician. They made a viral video of me,
so now it's racist Karen. And so when you go
google my name, so you know what, I've been practicing
for twenty thirty years. I have a good reputation. So
these a holes have my viral video out of context.
So it's on the YouTube I've been writing, so.
Speaker 2 (15:47):
Let me ask you. And YouTube will not eliminate it,
will not delete it.
Speaker 8 (15:50):
I'll not eliminate it.
Speaker 5 (15:52):
They will not delete it.
Speaker 8 (15:53):
And some other random guy from Philadelphia has made a
video on me. Oh, listen to the doctor Rahimi the
racist And all I said is speak English.
Speaker 3 (16:04):
This is America, all right?
Speaker 1 (16:05):
So okay, Yeah, you don't know what to do about it,
well other than contact YouTube. And I don't understand if
you make a formal complaint and to YouTube and whatever
complaint system they have. Uh, and they're not willing to
lead it. You're in a world a hurt because I mean,
what do you do? Do you file a lawsuit against YouTube?
Speaker 2 (16:22):
Yeah? Maybe? So they no?
Speaker 8 (16:25):
And then you don't want to bring more attention to yourself.
It's called barbarous rights and effects. And I talked to lawyers,
but I just wanted to see. I just listened to
the Trump's Uh.
Speaker 4 (16:38):
What what?
Speaker 2 (16:39):
What can I do?
Speaker 1 (16:40):
What?
Speaker 8 (16:40):
What?
Speaker 2 (16:41):
What do you asking?
Speaker 5 (16:41):
What do you think?
Speaker 2 (16:42):
What do I say?
Speaker 8 (16:43):
Do you think?
Speaker 1 (16:44):
What?
Speaker 5 (16:44):
Is there there a law called takedown law?
Speaker 3 (16:47):
Have you heard about that?
Speaker 4 (16:49):
No?
Speaker 2 (16:50):
So yeah I have, but I'm not going to get
into it. Uh it's a long story. But in the end,
what do you do?
Speaker 4 (16:57):
You know?
Speaker 2 (16:58):
You go to YouTube? I mean, can you hire an
attorney to go for it?
Speaker 7 (17:02):
Yeah?
Speaker 2 (17:03):
Are you going to?
Speaker 1 (17:04):
No?
Speaker 2 (17:05):
So you sort of live with it, you know, and
you just deal with it.
Speaker 1 (17:09):
And you know, so you have someone calling you a
racist on YouTube, Well do people go on YouTube. I
don't go on YouTube. I google people, I look at
you know, certainly websites. That's a tough calls happening more
and more.
Speaker 2 (17:28):
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NetSuite dot com slash handle. This is Handle on the Law.
Speaker 2 (18:24):
You're listening to bill Handle on demand from kf I
AM six forty welcome back.
Speaker 1 (18:32):
Handle on the Law marginal legal advice Diane.
Speaker 2 (18:38):
Hello Diane, Oh yes, hello, Yes, ma'am.
Speaker 5 (18:44):
I'm calling regarding a two part question, the first part
being we were the weekends in a hotel with underground
parking that you can sometimes get for free or you
pay for it for frequent guests. Our car was stolen.
WHOA okay, underground parking. Talking to them, they have no cameras,
(19:07):
so that's a question there. We've since noticed they've mounted
a camera out the exit, right.
Speaker 1 (19:12):
They don't have to have there's nothing in the lot
says they have to have a camera. So let me
answer that question. All right, next question, But.
Speaker 5 (19:19):
Every other Marriott we've stated in the area we got
around the luck they did have camera.
Speaker 2 (19:24):
I don't think it really matters.
Speaker 1 (19:25):
They so they don't have a camera, but if you
expected a camera, But then again, you know, that doesn't
change the car was stolen. Maybe if someone was monitoring
it and looking at the camera, because usually cameras are
recording devices. Uh, they're not real time monitoring where someone
sits there and is looking at a camera.
Speaker 5 (19:43):
Usually, so sheriff, what happened, opportunity to go check the
reel to see you know who took it?
Speaker 2 (19:49):
Yeah, but does that mean. Okay, so what because the
car is still stolen.
Speaker 5 (19:55):
No, it was recovered and now salvaged.
Speaker 2 (19:57):
Okay, so it would have so let me ask us.
But let me really quickly, let's go to that.
Speaker 1 (20:02):
If the sheriff's knew about it and the car was
all chopped up anyway, that doesn't change what happened. They
just catch the guys versus you getting the car. But okay,
so what's your second question, Diane, The.
Speaker 5 (20:17):
Second half of that, since the insurance it was found
by the sheriff and they said, the many times there's
been other stolen cars I guess in the area of
the insurance company now and dealing with them, are offering
exactly half of what's going to cost to replace.
Speaker 7 (20:35):
Yeah.
Speaker 1 (20:35):
That happens all the time. Yeah, it happens all the time, Diane.
Happens all the time because wait, wait, hold on a minute.
When you talk about replacing the car, you're talking about
the same model, year, in the same mileage, correct, exactly, Okay,
And they're saying we're going to give you half of that. Yes,
(20:55):
you say, no, you know I'm not going to you know,
I'm not going to take half of the value of
the car. H it's the car is worth Let's say
if you go to blue Book, that mileage, the shape,
that car is in the year, and the model is
worth let's say ten thousand dollars, and they offer you
five thousand dollars. And when you point out to them, hey,
wait a minute, this car is worth ten thousand dollars
(21:18):
as it sits.
Speaker 2 (21:18):
Why aren't you paying me that? Have you had that conversation?
Speaker 5 (21:22):
We're just having it since this all just occurred with
them with the first offer.
Speaker 2 (21:27):
Well, you say no, no, you say, look at blue Book?
What the value I want? What the value of the
car is that you're entitled to have with the insurance company.
Speaker 1 (21:34):
Oh, so you don't even worry about you know, the
you know who's it falls video cameras, because what are
you gonna do.
Speaker 2 (21:40):
You're gonna start suing Marriott.
Speaker 1 (21:42):
They're going to say we don't have to have it,
and you get into a huge mess or with your
insurance company. Uh, you actually can sue your insurance company
if they don't want to pay you the value of
the car.
Speaker 5 (21:54):
Right about the contents that we're in it.
Speaker 2 (21:56):
That's a problems. Yeah, how do you prove that, Diane?
Speaker 5 (22:03):
I guess you'd have to just say my word.
Speaker 2 (22:06):
That doesn't work.
Speaker 5 (22:07):
Well, it was a weekend trip for fishing.
Speaker 1 (22:10):
Doesn't matter, okay, but you know, okay, so it's a
fishing rod. Now is your fishing rod worth twenty five
dollars or it was one of those incredibly expensive eight
hundred dollars reels?
Speaker 3 (22:21):
It was an expensive one.
Speaker 2 (22:22):
There you go, and I'm going to say, you can't
prove it.
Speaker 3 (22:25):
I guess we have receipts. We do have receipts.
Speaker 2 (22:28):
You do have receipts. Yes, oh, then you then you
have proof.
Speaker 3 (22:33):
Okay, then you have.
Speaker 1 (22:34):
Proof of what's there with receipts. It's a question when
I asked, how do you prove it? And you go,
I have receipts.
Speaker 6 (22:40):
That's true.
Speaker 5 (22:41):
Now the question goes back to again the dis possibility
of the hotel collecting.
Speaker 1 (22:46):
You can try, but they're going to say, but they're
going to say, there was an intervening criminal act. Not
usually stops liability intervening criminal acts. But if the standard
care is to have cameras, But then again they're going
to say it doesn't matter because they would have stole
in the car anyway.
Speaker 2 (23:02):
They don't care.
Speaker 4 (23:02):
So it is.
Speaker 1 (23:04):
It is a deterrent, But how much of a deterrent?
I mean, do you you have to prove that if
there were cameras there, these thieves would not have taken
the car. That's yeah, that's a stretch.
Speaker 2 (23:17):
Probably not.
Speaker 1 (23:18):
Probably doesn't work in court. You have to be very specific.
That's the problem. You can't do probably, and this is
what I think, et cetera. So, uh, it's it's kind
of difficult.
Speaker 2 (23:30):
Joey, Hi, Julie, welcome to handle on the law.
Speaker 4 (23:35):
Hi Bill, I'm bat Hey, listen to you every day.
Speaker 5 (23:38):
Oh, thank you.
Speaker 4 (23:39):
The problem is my problem is I refined my.
Speaker 3 (23:43):
Property for divorce reasons.
Speaker 8 (23:47):
It was recorded as a purchase. So when they assessed it,
I got assessed for over six thousand dollars on property tax.
I had to fight for that to have it reduced.
They told me time it would be eight months. They
forced me into pay the six thousand dollars.
Speaker 2 (24:04):
Yeah, yeah, you pay it, Yeah, you always pay it
now and then you worry about it now.
Speaker 4 (24:08):
They're telling right now, they're telling me I won't be
refunded for another two years.
Speaker 5 (24:16):
Oh that's your.
Speaker 3 (24:18):
Yeah.
Speaker 8 (24:19):
So are they.
Speaker 4 (24:21):
Mandated to pay interests since they're holding onto my money,
and is there anything else that could be done?
Speaker 2 (24:28):
Yeah, I don't think there. I don't think they're mandated
to pay interest. I think interest goes only one way
when you owe them.
Speaker 1 (24:34):
Certainly that works with the irs, and I think it's
the same with reassessment, where they send you money back.
Speaker 2 (24:41):
I have never heard of interest being paid, and a
couple of times.
Speaker 1 (24:45):
That I have reassessed, for example, once after the earthquake
in ninety four, I reassessed downwards, and during the recession
I asked for reassessment and.
Speaker 2 (24:59):
It went down.
Speaker 1 (25:00):
Also, I don't remember interest, So the answer is probably not.
Now the other side of it is what can you do.
I have not yet heard of a two year delay,
and it could be and nothing stops them from doing it,
because their argument is going to be, and this is
not arbitrary or capricious, the argument's going to be, we
(25:22):
are so backlogged that we simply don't have the personnel.
The city of Los Angeles right now is a billion
dollar deficit, and what do you do with that?
Speaker 6 (25:37):
Now?
Speaker 1 (25:37):
This is the county that assesses, and the county is
in reasonable shape. What I would do is and I
don't know if anything can be done to speed it up.
I would call your county supervisor, the office of the Supervisor,
because they have someone that does constituent relations. They always
do every office does because they like to get voted
back into back into office.
Speaker 2 (26:00):
I try that route. That's what I would do.
Speaker 1 (26:02):
Legally, there's nothing you can do, and you wait. What
it becomes is for savings, Julie.
Speaker 2 (26:08):
That's it.
Speaker 1 (26:09):
It's for savings where you take the money and you
don't get any interest, but you are forced to save it.
This is handle on the law, KF. I am six
forty bill handle here. It is a Saturday morning. This
is handle on the law. Marginal legal advice where I
(26:31):
tell you you have absolutely no case. Dana, Hi, Dana, Yes, Hi, Yes, Bill,
thank you.
Speaker 2 (26:39):
I'm glod what I do for you, Dana.
Speaker 4 (26:42):
I have a huge issue with my division of my
mother's estate. Okay, and it's very complicated, but my mother
always wanted everything to be equally divided. Three girls and
my sisters were able to take the house out of
(27:04):
the trust and put it up for sale, and they
got a bid on it. And they told me, if
I met that bid and paid each one ten thousand
dollars for the contents that I could purchase the house.
And this was a verbal, and I said, I agree
to meet that bid. And anyway, then I said, I'm
(27:27):
not sure about the ten thousand each for the contents,
because you already had an estate salesperson here and he
valued the contents at ten thousand, and there's three of us,
and I said, you know, it's not really exactly right.
But then my little sister was gone for a week
and the next time I talked to him there at
the attorney's office, my mother's trust attorney, and he said,
that was a verbal. It means nothing, and it's going
(27:49):
to go to sale to the highest bidder, and you
have to put a one percent good faith deposit down
and if you're overbid, you will be notified and you'll
have an opportunity to rebid. I did that and was
never notified by registered or certified letter. What I got
was a note from the attorney, a letter from the
(28:09):
attorney saying it sold for seven hundred and twenty five
thousand dollars and here's your check back, and now they
want me to sign the deed. And I said, no,
I never even wanted to sell. I never wanted to
sell the house.
Speaker 2 (28:25):
To begin with, and so what's your question.
Speaker 4 (28:30):
Well, I know they're going to take it to partition now, okay,
make a court.
Speaker 2 (28:33):
For Yep, that's what they're gonna do. So what's your question, Dana?
Speaker 4 (28:37):
Okay, So do I have another opportunity to bid or I.
Speaker 1 (28:42):
Think you do? I think you do because when they
partitioned it, they put it up for sale.
Speaker 4 (28:48):
And it started off for sale again.
Speaker 2 (28:50):
Anybody again, anybody bids on it. It's open market. Wow,
So you can rebid all you want.
Speaker 5 (28:59):
Well, there's an huge issue involved in all of this.
Speaker 4 (29:02):
My sister borrowed a large amount of money for my
mother to purchase a house in the Bay Area.
Speaker 2 (29:09):
She borrowed a large amount of money from your mom.
Speaker 4 (29:13):
Yes, okay, there was There was never anything written down.
Speaker 6 (29:16):
It was a verbal.
Speaker 2 (29:17):
It doesn't matter, and that your mom gave it to me.
Your mom gave her the money. She's just allowed to
do that, right.
Speaker 4 (29:25):
My sister was supposed to pay back, so they had
a house they were going to sell the house of
following spring, give mother that money, continue to make payment.
Speaker 1 (29:33):
Dana, it doesn't matter. Your mother gave up the money
and what other agreement they have. It was your mother
that goes after the sister, and if there was an
agreement that she breached. By the way, verbal agreements mean
nothing because you'll never be able to prove it because mom,
you know, parents give kids money all the time.
Speaker 3 (29:52):
Uh.
Speaker 1 (29:52):
If there was an agreement that can be established, then
the estate sues one of the sisters.
Speaker 4 (29:57):
Okay, and that's what I want to do. That's what
I want to do.
Speaker 1 (30:00):
Okay, on behalf of the estate. You do that, now
you may have to force the estate to sue. I mean,
obviously you need a probate attorney. This is a very
complicated situation, there's no question about it.
Speaker 3 (30:10):
Okay.
Speaker 8 (30:12):
Can I put a lean on the house?
Speaker 1 (30:13):
Yea?
Speaker 2 (30:14):
The house? Well you want to go, yeah, you might.
What your house is in the sister's.
Speaker 4 (30:18):
Name, the house that my my sister borrowed three hundred
and thirty thousand from my mother.
Speaker 2 (30:24):
And okay, and so which house is in your sister's name.
Speaker 4 (30:28):
The one that she spent at three hundred and thirty thousand.
Speaker 5 (30:31):
So that's not the house.
Speaker 1 (30:32):
So that's not the house in question here we're talking
about it. She's another house, right, it's the money.
Speaker 4 (30:38):
My sister borrowed from my mother, which affected everybody because
my mother had to take that money out of investment.
Speaker 2 (30:44):
She can do that, she can do that, she can
do whatever she wants. It's her money.
Speaker 4 (30:49):
But she wanted the money back and my sister no,
she only it's only paid back.
Speaker 8 (30:53):
Then it's up to one thousand dollars.
Speaker 2 (30:54):
Then it's up to the estate to sue the sister.
Speaker 4 (30:58):
And okay, And in the meantime, the attorney, her trust attorney,
got my sister to sign a promisory note because he said,
there's nothing in writing that shows that your mother lent
the money to you.
Speaker 2 (31:09):
That's correct. So your sister signed a promisory note to
the estate.
Speaker 4 (31:13):
Correct promisory note to my mother.
Speaker 2 (31:16):
Okay, that becomes part of the state.
Speaker 1 (31:18):
You know, this is getting way too complicated because you
got level upon a late level, you got an attorney
on it. You go to the attorney. Otherwise we're going
to spend half an hour on this. And not only
do we not have the time, I do only have
the patience.
Speaker 2 (31:32):
John, Hello, John, Welcome.
Speaker 6 (31:35):
Bill. I had an auto accident about three weeks ago,
and we exchanged all the information and everything, and I
notified my insurance and they made a claim member. And
then about four or five days ago, I got a
letter from the claimant statement of accident, and they've got
like two pages of question for me. You know, what
(31:59):
were you doing? Where were you're going? Everything? Do I
need to tell it out now?
Speaker 1 (32:05):
Now?
Speaker 2 (32:05):
You don't have to fill it out now, should you?
Speaker 1 (32:08):
It's but it's a different story if they're trying to
figure out liability. They're trying to figure out if it's
their insurance fault or your fault, and if in fact
it is, let's say there's a rear ender there.
Speaker 2 (32:21):
Well, let's let's go backwards for a moment. What happened
in the accident?
Speaker 8 (32:25):
Uh?
Speaker 6 (32:26):
A car in front This was on a rainy day,
and a car in front of me just jammed the brakes. Okay,
I hit my brake and instead of going into her,
I saw a street, so I turned right, and if
I turned right, there was another car coming off of
that street and I slid right into it.
Speaker 1 (32:44):
Oh okay, Well, here's what you do when you answer
that question the way you answered that question.
Speaker 7 (32:51):
Uh?
Speaker 1 (32:52):
And who uh, which insurance company did you turn the
the the information to? You're talking about the that you
hit that car right.
Speaker 8 (33:03):
Right?
Speaker 1 (33:03):
No, okay, No, I understand. And is it your company
that's asking for that information?
Speaker 7 (33:10):
No?
Speaker 6 (33:10):
No, her company?
Speaker 2 (33:12):
Okay, and you hit her right?
Speaker 5 (33:14):
Yes, okay.
Speaker 2 (33:16):
I would call my insurance company and say, you know what,
what do you want me to do with this?
Speaker 6 (33:21):
Okay?
Speaker 1 (33:21):
Yeah, let them figure out what you want to do
with this, because you don't want to You don't want
to admit that you're liable with the conversation is completely over.
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This is handle on the Law. You're listening to Bill
Handle on demand from kf I AM six forty
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