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 This is handle
on the Law Marginal Legal Advice, where I tell you
you have absolutely no case. If you're injured and need
a lawyer, go to handle on the law dot Com.
And if you're a lawyer and want to join our
(00:21):
team because people desperately need your help, go to handle
on the Law dot Com and click on the join
today tab at the top of the page. The followings
up pre recorded program. This is handle on the Law
Marginal Legal Advice, where I tell you have absolutely no
case whatsoever. All right, As I said earlier, this has
(00:43):
to do this case. It has to do with how
much power a federal judge has in determining where the
US goes and the separation, the procedural and policy separation
of agency to agency in the United States. One of
(01:04):
the aspects of the way the US does business business
is the IRS has all kinds of restrictions on it.
The IRS does not share information with other agencies. If
someone is an illegal alien here, for example, and it's
paying taxes, which a lot of illegal migrants do, exactly
(01:25):
that they pay taxes. Now they come up with false
social Security numbers, which means the government just gets to
keep the money, or they somehow subvert the system where
they're working and they pay taxes, some buy houses and
pay property tax. What the IRS does not do is
share that information where they live, phone numbers, work contacts
(01:50):
with for example, the Justice Department. It just doesn't do it.
So a federal judge denied an injunction requesting to prevent
the Department of Homeland Security and the IRS from partnering.
Partnering to permit US Customs and Immigration to access taxpayer
(02:11):
information to locate illegal immigrants that may be subject to
deportation or our subject to deportation. The bottom line is
that the government was going forward. There was an injunction
requested to prevent this partnering, and a federal judge said, nope,
(02:32):
I'm not going to go forward and grant the injunction.
In other words, the new policy with the IRS, which
again is under the control of the President the executive branch, says,
you are now going to start sharing information that if
someone now this is fairly limited, if someone is subject
(02:55):
to deportation, You're going to share all that information, which
heretofore was not the case, and so now, yep, we're
going to share all kinds of information. So there was
a plaintiff's centro to Tajadas Unidos, the center of We're
(03:16):
United Workers, and they wanted the court to prevent the
IRS from sharing personal tax information with DHS Department of
Homeland Security, to not give it to immigration enforcement purposes.
And the judge denied it, saying, I mean, it's going
to go out obviously in the courts. But the judge says,
right now is right now. The IRS is free to
(03:40):
share that information as to with anybody that the Justice
Department asks for, and the IRS is simply mandated to
do that. We're going in that direction. It's that simple,
all right. Let's take some phone calls. Hey, Dave, welcome
to handle on the law bill.
Speaker 2 (03:59):
Yes, sir, hey, quick question regarding security cameras intringing on
private property. My neighbor and I have a yard separated
by a fence. He has a security camera. Just put
up that line parallel to the fence, going along the
top of the fence, because you think I'm sabotaging his yard,
But half the camera field of view is going into
(04:19):
my yard into my bedrooms. The question is is that
illegal outside?
Speaker 1 (04:24):
He can do that. So you've got a couple of choices.
Number one, put up some shades in your bedroom. That's
that's not that hard to do. Number Two, you put
up a security camera pointing into his yard.
Speaker 3 (04:38):
Oh got it? Okay?
Speaker 2 (04:40):
I found I read that you can't have security cameras
going into someone's yard because of the California Right to Privacy.
Speaker 1 (04:45):
I don't think you I don't think. I mean it
is private, but you can. You can anything outside. I
do believe that you can do because it's outside. I
don't think you have an expectation. I don't think the
expectation of privacy is there. That's my understanding that there
you are, it's opened to anybody. What if you had
a drone and you were videoing straight down? Can they
(05:06):
stop you from doing that? No, they can't. Abel. Hello, Abel, welcome, Good.
Speaker 3 (05:13):
Hi Bill, Bill, excuse me. I've got a problem here.
I'm done in San Diego. I've got some great neighbors.
I've been here forty years and they're both ninety years old,
so they're kind of bedritten now. The daughter moved in
to take care of them. A couple of years ago,
and she's a crystal freak and she's got her son.
(05:35):
Lived in a motor home which was part on my
thing for the last ten years part time.
Speaker 1 (05:41):
I'm sorry parked where on parked on my It was
on my property okay, And you've let that happen for
ten years.
Speaker 3 (05:49):
Well I didn't let it happen. They just started about
two years ago when the kids moved in.
Speaker 1 (05:54):
So what about tan, So what goes back ten years?
Speaker 3 (05:57):
Well, they've been it's been on my property for tail
all right.
Speaker 1 (06:00):
So you've let them allow them to put it on
your property for ten years old and.
Speaker 3 (06:04):
I never allowed it on the property line. It was okay,
my property anyway, So they moved it. One of the
kids beat up his uncle, which his uncle is in
charge of the place here. He don't want to put
up a fence, so we're going round and around. He
wants me to pay for it. If you want a fence,
you put it up. And I'm just really sick. And
they the parents were the best neighbors in the world, right,
(06:27):
and now the kids moved in.
Speaker 1 (06:29):
Okay, what's your question able?
Speaker 3 (06:31):
Okay? What could I see him to pay for half
a fense. No, no, no, to eat it myself.
Speaker 1 (06:38):
If you want to put up a fence, you put
up a fence. That's the way it goes. We're there'll
be no fence. There's nothing you can do to force
them to pay for half your fence.
Speaker 3 (06:47):
Yeah, yeah, I just stop tired of watching people.
Speaker 1 (06:49):
I know, I know. Then put it. Then put up
a fence and pay for it. They're not that expensive.
You put up a wooden fence. Now, if you're putting
up a cinder block fence, that's going to cost you
some money.
Speaker 3 (06:57):
But no, it's a wouldn't it's a wouldn't fences and
you don't want to do half of it or nothing.
Speaker 1 (07:03):
No, he doesn't have to now. Unfortunately you cannot force
that issue. This is handle on the law. Noill handle
here on Saturday morning right up until eleven o'clock. Back
to go. More Handle on the Law. Marginal legal advice David.
Speaker 4 (07:22):
Hello David, I missed your hand out. Yes, but I
was involved in a bus accident with the Metro bus
back in May two thousand. I'm sorry. Back in two
thousand and ten, I had back surgery and I've been
getting my back checked up ever since. I got on
the Metro bus. Bus driver was texting. She ran a
stop sign, smashed a white automobile. I flew forward, landed
(07:45):
on her and banged my right shoulder on the pole.
Speaker 1 (07:47):
Okay.
Speaker 4 (07:48):
I filled out paperwork. I didn't want to make a
big thing about it, and I put on the paper
that I had mild back cane. I left the scene
of the accident, came home following day, went DLA. Tell
me hospital documented my shoulder. Angry into the poll and
the accidents around a month. You know, each day the
pain would get worse. But I didn't want to call
(08:08):
the room, the emergency room. We can't want me. I'm
going to hold cotton. I called Metro. I described to
them this accidents. They tell me we have no record. Okay.
I call the police department. They tell me as well,
no record. I then repeat the procedure, but this time
(08:30):
I record my calls because I'm having a panic attack.
I'm disabled from an accident I had four week around
six weeks ago. At that time, I can't walk because
of it. Horrible pain. I'm struck in my bed and
I'm being denied.
Speaker 1 (08:44):
Okay.
Speaker 4 (08:46):
I hired two attorneys from my bed. They couldn't locate
the accident.
Speaker 1 (08:50):
Let me ask you. Hang on a minute, Hold on
a minute. There is all the buses have video, so
it's kind of interesting. And if Metro is keeping it
from you, I don't get that. You've asked him. How
can they deny the accident? And you, by the way,
went to the doctor and you told them about it,
and that's there's a record of that. Correct.
Speaker 4 (09:12):
Sure, I filed my claim, I made an appointment. I
called the mayor. They're all jokes. They've ignored me.
Speaker 1 (09:20):
Yeah, well that that part, you know, Yeah, that part
doesn't matter.
Speaker 4 (09:23):
Now I had a discovery to respond to, and I
can't afford the bill because I can't use my right line.
Speaker 1 (09:30):
All right, David, what do you.
Speaker 4 (09:31):
Want to tell you where I'm living at? Because it's
quite sad? Okay, David, let me ask you one to
respond to the discovery?
Speaker 1 (09:37):
I don understand. So a lawsuit was hold on? A
lawsuit was filed?
Speaker 5 (09:41):
Then?
Speaker 1 (09:41):
Correct? Yes, sir, A lawsuit was filed, yes, sir? Okay?
Who filed it? Was it a lawyer or you did
it on your own?
Speaker 4 (09:51):
I went to the Stanley Mosque and a Jewish grandmother
was so kind. She filled it out for me, okay.
Speaker 1 (09:57):
And you're so it's in your so it's in your name, okay.
So and they've asked for this okay, and they've asked
for discovery, and you have a week to do it
and you can't. All you can do at this point is.
Speaker 4 (10:09):
Yes, because I can't afford it, okay.
Speaker 1 (10:11):
All you can do is ask for continuance that's for
starters with the court, and you can call the clerk
of the court and say, how do I get a
continuance because that you're going to need because you're going
to blow past the time of the response time and
then you're going to have to just find a plaintiff's lawyer,
who is if you're that banged up enough, you should
(10:34):
be able to find a personal injury lawyer.
Speaker 4 (10:37):
David, this is my situation.
Speaker 1 (10:39):
Yeah. No.
Speaker 4 (10:41):
On internal affairs, I have an appointment next week with
the Inspector General. I'm told that once I can get
my accident report, any lawyer will take my case.
Speaker 1 (10:51):
Right And there is no accident report internal affairs.
Speaker 4 (10:55):
She gave me a pile of paperwork, with me like
five months to get it from her, and she said,
here are our accident.
Speaker 1 (11:01):
What's your question. All right, and you already told me, David. David,
you told me that there's no record of the accident,
and so it's a question of proving there was an accident.
And you're gonna have to just find a lawyer that's
going to go through those steps because it's kind of bizarre.
Speaker 4 (11:16):
That meant the last six months.
Speaker 1 (11:18):
All right, I'm sorry, I just don't have the patience anymore.
I'm losing it. I've been at this long enough where hey,
I want to point something else. I didn't scream okay,
did not scream calm okay in my old age. Now
I'm getting calm. Don't do that to me, Ron, Hello, Ron, Hi. There.
Speaker 6 (11:43):
So I signed up for a credit card for some
new tires and they had a mix up with my
address and then so I didn't receive the card, and
then it turned into like a late sea thing and
they were calling me, you know, to collect.
Speaker 1 (12:00):
And well, what did you use? Did you use the card?
Speaker 3 (12:05):
No?
Speaker 6 (12:05):
But there was an annual fee that they had charged, okay,
and how much is that? It was like thirty bucks.
Speaker 1 (12:10):
Okay, and they're still charging you.
Speaker 6 (12:13):
Well yeah, but it wasn't it wasn't a problem for
me because I wanted to keep the card, and I
explained to him, you know, we figured out the issue.
They had the address wrong by one number, and then
they said, oh, okay, and so that's why I didn't
receive the bills. They waived the late fee and I
paid the annual fee and so now I have a
credit on the account of seventy eight dollars and that's what.
(12:36):
That's all good, But I still haven't received the card itself,
and I just every month I get like a notice
and it says the card is canceled and I have
a credit of seventy eight dollars. But when I call them,
I said, well, I don't want to cancel the card
because I want to I'm working on my credit score,
and as I understand, that goes against that. So can
you just reinstate the account send me the card? And
(12:58):
they always are very nice to me and they say, yes, yes,
we're going to send it.
Speaker 3 (13:02):
Watch for the mail.
Speaker 6 (13:03):
I wait, and I just get, you know, another.
Speaker 7 (13:05):
Statement with the thing.
Speaker 1 (13:06):
So, Ron, what's your question.
Speaker 6 (13:08):
I want to know, how do I get them to
just send me the card and keep my account open?
Speaker 1 (13:12):
Yeah, Well, the only thing you can do is what
you're doing is keep on talking to them and say, hey,
you know you've been sending me this after this, and
you send them a copy of everything they've sent you
and go, I want my card and that's it. Or
what you can do is spend a few thousand dollars
file a court order against them, or try to get
(13:34):
a court order and the judge will say you must
give Ron his card and that should know, that should
only cost you five six thousand dollars. You're doing everything.
You could just go up the just called the food
chain because obviously and you know they'll give it to you.
This is uh. I once had a problem with American
Express and we had to go through five literally five
(13:56):
goal rounds before I got my card. And you know,
it just happens. You fall through the cracks. Okay, let
me talk about your business for a moment. In general,
if you're not using AI, well, there's a good chance
that you're probably losing money because that's how effective AI is,
and you're probably losing productivity and a competitive edge. And
(14:17):
tell me how important that is today. So let me
suggest you look at NetSuite. It's the number one cloud
business management system out there and It brings all of
your business together into one system. I mean the accounting,
the financial management, inventory, if that's what you do HR.
And it's all in one efficient suite, so all the
(14:38):
numbers are the same. You're not going into different parts
of your business. It's all there. And that's what NetSuite
dot com does or NetSuite does, And so I'm going
to suggest you download the cfo's Guide to AI and
Machine Learning. It's an easy free download to see if
(14:58):
net suite can help you, and I am convinced they can.
Forty one thousand businesses say yes to that. So go
to NetSuite dot com slash handle. If your business has
two billion dollars or more annually, go to NetSuite dot
com slash handle. Nets, Sweet Sweets and office suites NetSuite
dot com slash handle. This is handle on the Law.
Speaker 7 (15:24):
You're listening to bill handle on demand from KFI AM
six forty.
Speaker 1 (15:32):
KFI handle here on a Saturday morning, Legal advice for
you and yours. Here eight hundred five two zero one
five three four is number to call top of the
hour lines open. Eight hundred five two zero one five
three four. This is handle on the law. This is
marginal legal advice where I tell you have absolutely no case,
(15:55):
which of course makes my day. Jeremy, Hello, Jeremy.
Speaker 3 (16:01):
Hello.
Speaker 8 (16:01):
Yes, yes, well a tesla crashed through my wife or
our new business.
Speaker 1 (16:09):
Congratulations, that's that's pretty impressive.
Speaker 8 (16:12):
That was the day we received the business license.
Speaker 4 (16:15):
I was very lucky. I was very lucky to live.
Speaker 1 (16:17):
Good for you.
Speaker 8 (16:19):
And unfortunately, later the driver passed away. I'm not sure
directly it was a result or not, but we have
been stuck and unable to get his insurance company to
follow through on giving us any money to get the
sad fixed of the new business.
Speaker 9 (16:36):
Okay, that's where it was sort of stuck, right, Yeah, Well.
Speaker 1 (16:38):
I mean you have a personal injury case there, and
you're going to go after the estate and certainly the
insurance company unless the paul is. I thought the insurance
company should be responsible under any circumstances. And when you
say you almost died, does that mean you were barely
hit or you were banged up?
Speaker 8 (16:58):
No, I mean I was actually extremely lucky. Surrounded by rubble,
but other than a little bit of a back issue
and some you know, some PTST type stuff, I was
physically fine.
Speaker 1 (17:09):
Yeah, and PTSD is pretty difficult to deal with, especially
in car access kind of thing. So you're very lucky
and very lucky in those situations. Means you have a
crappy case. If your if your chest had been crushed
and you, let's say, lost half your head, you'd have
a much better case. Have you talked to a personal
injury lawyer?
Speaker 8 (17:28):
I did back in August, and again it's sort of
the their interest was tentative because of my sort of
well because I was lucky.
Speaker 1 (17:36):
Basically, yeah, well you know what, but let me let
me go back to the PTSD business, because that may
be the hook. Have you been seeing a shrink any
psychiatric or psychological professional.
Speaker 2 (17:50):
A couple of times?
Speaker 1 (17:51):
Okay? And this happened how long ago this accident?
Speaker 3 (17:54):
August?
Speaker 10 (17:55):
Okay?
Speaker 1 (17:56):
Okay, so that's far enough ago that, I mean, feel
much better if you were in a you know, an
insane asylum or you're seeing a shrink three times a week.
Speaker 10 (18:05):
Uh.
Speaker 1 (18:06):
And so the issue is simply claiming against the insurance company. Now,
was the new business is at a What kind of
businesses it?
Speaker 11 (18:16):
Jeremy, It's a spa, a spa and massage.
Speaker 1 (18:19):
Okay, So so the bill is that you're building. No, okay,
did you buy business interruption insurance?
Speaker 8 (18:26):
Unfortunately my wife didn't get that covered by that.
Speaker 4 (18:28):
I mean this is a day of the open century.
Speaker 1 (18:30):
Yeah, okay, I mean that's a little I mean that's
a little negligent on your side, because you know, you
don't open it. You don't open a business unless you
get UH insurance business interruption insurance.
Speaker 3 (18:41):
That.
Speaker 1 (18:41):
Yeah, it's a hard lesson to uh to learn, and
people don't usually think of that when they open a business.
It's not usually top of mind. Oh and I anty
business interruption insurance. You know, I don't know where to
go on this. Uh. So you have loss of business
uh and I guess all you can do is go
to the against the estate, who then will turn it
over the insurance company. And then all you can do
(19:03):
is sue. And there's not much more to do. I mean,
I don't know where to I don't know where to
go beyond that. And you probably know all that. So
it's a tough place to be. Catherine. Hi, Catherine, welcome
to handle on the law.
Speaker 5 (19:19):
Yes, I go to the oral surgeon for consult in
the front office gives me six pages to sign my
name with writing on both pages. So I do that,
and I tell them I'm not buying a house anyway.
They give me a dirty look. I go in to
see the oral surgeon and he presents me with seven
(19:40):
more pages to sign my name in a small font,
sign my name in six different places again, an initial
in eight different places. How legal is this?
Speaker 1 (19:53):
Oh, it's not illegal. Depends on what he has you sign.
If it's a question of disclaimer after disclaimer after disclaimer.
Any consent form goes on forever with doctors now, and
what you probably signed is everything that could happen to you.
An arbitration clause that if you're arguing that there's medical
(20:13):
malpractice of any kind, you go to arbitration instead of
going to court. There's a bunch of different things. No,
there's nothing illegal about it. What you want to do
is just have them explain it. Okay, what am I
signing here? And they may take hours to explain it,
but that's it happens all the time. They're getting more
and more complicated by the day. And yeah, you talk,
(20:35):
you go to another dentist, you.
Speaker 5 (20:37):
A different name or not my name or something.
Speaker 1 (20:41):
No, you can't do that. You can't sign a different
name it's your name, you have to be honest about it.
And yeah, and they're not doing anything illegal. I just
I'd love to see what fifteen pages of disclaimers and
it looks like. But yeah, you can do it. Joe. Hello, Joe,
welcome to handle on the law.
Speaker 10 (21:00):
I have a bill.
Speaker 3 (21:01):
I have a question.
Speaker 10 (21:02):
I had a felony conviction three years ago, and I
was ordered to pay a restitution of two hundred and
forty thousand dollars wow, which I paid, which I paid
in full.
Speaker 1 (21:13):
WHOA, Well, let me stop you right there, because now
you've just fascinated me. Uh what was the felony conviction for?
And uh, how were you able to come up with
two hundred and forty thousand dollars in cash over three years?
Speaker 10 (21:27):
Well, it was an identity zet which was old because
they never I should have come through trial. But but
I decided to pay the cup financially well faced.
Speaker 3 (21:36):
Forty thousand was not the.
Speaker 1 (21:37):
Issue, Okay.
Speaker 10 (21:38):
The issue we're having now is two folds. One was
since the conviction has been now dismissed expanse and the
and the judge has ordered the case vacated, which means
the conviction was overturned.
Speaker 2 (21:50):
I have my two.
Speaker 10 (21:51):
Questions to you, And am I entitled to the restitution to.
Speaker 4 (21:54):
Be paid back by the plaintiffs?
Speaker 10 (21:56):
And second of all, they're trying to assue me Civilly
went while they signed a settlement agreement with the DA
and the original criminal case.
Speaker 1 (22:05):
Okay, what's the answer is. I don't think you're going
to get the money back. And if let's say the case,
they can no longer use the case against you on
a civil matter. Just because they signed with the DA,
it doesn't mean that they signed they don't go after you.
They can sue you still.
Speaker 10 (22:24):
Even if it's on bugus.
Speaker 1 (22:26):
Well yeah, then that that and that's that's your argument, Joe,
And then it's a statement of fact. So they sue you.
Speaker 10 (22:33):
They I worked for them and they paid us wages
for one hundred and seventy thousand, which we paid back,
and they are suing me for eleven million dollars.
Speaker 1 (22:41):
Okay, Well they're not. Yeah, they're not going to get
eleven million dollars. That's crazy, you know, unless they can
prove eleven million dollars worth of damages against you, okay,
or or there was so much fraud involved that they're
going for punitive damages. But that's really tough, Joe. They're
they're probably gonna sue you because it, sir, it's like
a really interesting relationship you have with them, and you
(23:03):
get a lawyer to defend, and uh, that's it. And
you're not going to get your two hundred and forty
thousand dollars back at least. Uh that's the way I
understand it. Hello, Scott, welcome to handle on the law.
Speaker 11 (23:15):
Yes, thank you for your time.
Speaker 7 (23:17):
Sure to be quick.
Speaker 11 (23:19):
I had a car in the street that was not registered,
you know, it was up the code and it wasn't insured.
It just came up a trailer, per se, and guy
drive down the street and I'll totally hit me. Okay,
now it is a legal car in the street. Is
the insurance company say.
Speaker 1 (23:38):
It is an illegal car on the street? Is that
what you said?
Speaker 11 (23:41):
Yeah, I mean the tags aren't up and it doesn't
have insurance, all.
Speaker 1 (23:45):
Right, So is the insurance company And to say no,
of course, I'm going to.
Speaker 11 (23:48):
Say no, of course.
Speaker 3 (23:50):
Yeah.
Speaker 1 (23:50):
You read your policy. Yeah, I mean it's yeah. I mean,
you know, if you're insuring a car and right there
in the policy you'll read it has to be a
car that's legals but right just started yadah, yeah, yah, YadA.
I'm guessing if it's silent on that, if it doesn't
say it doesn't restrict their coverage, then you're fined. Then
you're fine.
Speaker 11 (24:10):
What you say, well, I don't have insurance.
Speaker 1 (24:13):
Oh, then you're screwed. Then you can sew. Then you
can sue the person. They hit you in the car.
And by the way, the fact that it is not
insured and doesn't have tags, that doesn't change that they
damage your personal property. So you have a lawsuit. You
have a lawsuit against the driver. How much was the
car works got?
Speaker 11 (24:34):
That's a two thousand avalon. I don't I'm not really
not very much.
Speaker 1 (24:39):
But you get the value. Yeah, but you get the
value of the car. Maybe it's two thousand and three
thousand dollars. There's your lawsuit. Hugo, Hi, Hugo, welcome, Hey Bill.
Speaker 12 (24:49):
So, of course my name is Hugo. I've been trying
to get my birth certificate fixed because my social Security
name is Hugo, but on my first certificate is Hugh.
I to go get the California real ID and also
for me to get my passport, but I can't because
they don't match.
Speaker 1 (25:08):
WHOA okay, so uh yeah, all right, so you're probably
gonna have to go on your birth certificate is mine? Yes,
How did you get Hugo from Hugh? Where did that happen?
Speaker 12 (25:19):
I have no idea? All right, So I didn't like
that for the longest.
Speaker 1 (25:22):
All right, all right, So here is what I'm going
to suggest you do. The birth certificate is probably going
to control and uh. Then you contact the Social Security
Administration to have your Social Security card and number the
same as your birth certificate, and then you can call
yourself whatever you want, Hugo. I mean, you can go
(25:45):
by Hugo Huguenot and you know whatever. That doesn't matter.
But the two have to match. And you're right, that's
a real issue. The easiest way of doing it contact
the Social Security Administration. And they're actually pretty good about
answering phone calls. I have to tell you, you know, I've
been doing a lot of these Medicare commercials, and those
governmental authorities are actually pretty good now by answering phone calls,
(26:08):
and they're uh and they're cooperative and they help you out.
But I think that's where you want to go, is
you start at the birth certificate and just match everything
to your birth certificate, including your driver's license. And you
walk in and you go into the DMV and I
want to change this. You make an appointment to go
in there and go, here's my birth certificate. I'm really hugh,
can you change that? Tom? Hello? Tom?
Speaker 4 (26:32):
I know how you doing today?
Speaker 1 (26:34):
I'm good? What can I do for you?
Speaker 3 (26:35):
Good?
Speaker 1 (26:36):
Good?
Speaker 7 (26:36):
So technical question, So my uncle probably has about two
days to live, yes, terminal cancer, and he wants to
grant you his condo and his car to me. The
problem is they're both I have the title and the
pink slip to the car, but it's his wife's name.
Speaker 1 (26:54):
Okay, So your question, so, how.
Speaker 7 (26:57):
Can I retitle those assets?
Speaker 1 (26:58):
You can't the wife. His wife has to sign it over.
It's her, it's her stuff. Yeah, yeah, there's no way.
I mean she You've got to talk to her, and
I'm assuming you don't have a relationship to the extent
that she's willing to give you the car and the assets.
Speaker 9 (27:13):
Correct.
Speaker 1 (27:13):
Okay, Well, your so o l which is a legal term.
As you know, this is handle on the law. Back
more handle on the law. Marginal legal advice Albert, Hello, Albert,
welcome to handle on the law.
Speaker 9 (27:31):
Hi, Billy, this is Albert.
Speaker 3 (27:33):
Yes, I'm injured.
Speaker 9 (27:34):
That's that's my left elbow at work and injured my
wrists and my two shoulders. So I just need some
advice if I have any legal compensation before I settle,
because I don't know how this works.
Speaker 1 (27:49):
Yeah, it's a work com case, and I'm assuming you
have an attorney, a work comp attorney that's filed for
workers comp correct.
Speaker 9 (27:57):
I didn't because this is where I feel stupid. I'm
a supervisor at work. I protect employees at work every day.
We try and protect each other. Now I got injured
because mainan's moved a machine but didn't guard the back
of the rails of the board machine and I tripped
over that. So no, I got injured, and I'm trying
to do the right things. Well, right, I don't want
to be stupid, All right, Albert, and take it on
(28:20):
the shorts.
Speaker 1 (28:20):
Okay, Albert, it's it's it's time for you to get
a work comp attorney who is going to file for
work compensation. I'm assuming you have temporary disability during the
entire time you couldn't work correct.
Speaker 9 (28:33):
Correct, Okay, So now we're on the workers comfort ten
months okay.
Speaker 1 (28:36):
Uh. Then you were talking about, uh, work comp if
there's any injury, are you going back to work?
Speaker 9 (28:42):
So I just started about okay this month.
Speaker 1 (28:44):
Yeah, I don't know if you're going to be able
to get anything because you're you've gotten worker compensation, you've
been you are receiving that. And uh, then we're talking
about disability and it doesn't sound like you're disabled. If
you are partially disabled, then you file for disability. But
it sounds like it sounds like you're doing everything right, Albert.
Speaker 9 (29:05):
Okay, so maybe may be confused. I'm not I'm not disabled.
I'm recovering.
Speaker 1 (29:10):
No, I understand. No, No, what I'm saying is if
you were disabled, you would file under disability. But it
sounds like you're just going back to work and you've
been out for ten months and you and you got
compensation workers comp.
Speaker 9 (29:21):
Correct, Yes, yes, okay, what about anything for pain and
self things?
Speaker 1 (29:26):
No? No, no, that's all that's all covered by workers comp.
There is no third party claim. There isn't even a
first party claim other than workers comp. California no fault state,
which means if you are injured at work and there
is no third party who could be at fault. Let's
say the railing. You went through the railing because it
(29:47):
was defective because the people that installed it screwed up,
or the manufacturer screwed up and building it. It's it's
the fault of your employer and the employee and the
employee who works for your employer. That's all one and
the same. So there's nothing more you're going to get.
You got what you got, and that's it. That's the
whole way the system works in California. Harry, Hello, Harry, welcome,
(30:13):
Thank you. Yes.
Speaker 13 (30:15):
So I bought a fridge and by it broke down
more than eight or nine times.
Speaker 11 (30:22):
Costo decided to take the fridge back. Alg is offering me.
Speaker 9 (30:27):
A floor damage of seven hundred and fifty dollars incent of.
Speaker 11 (30:31):
One thousand dollars.
Speaker 2 (30:33):
And I couldn't communicate any more than what I'm communicating
with you.
Speaker 11 (30:37):
They're just telling me.
Speaker 13 (30:38):
This is all we can do.
Speaker 1 (30:39):
Okay, take it or leave it?
Speaker 11 (30:41):
Right? Do I take it now?
Speaker 1 (30:43):
It depends? Okay, So let's okay, Harry. Now you have
to decide where's the hassle. So you're now talking about
two hundred and fifty dollars the difference in what they're
offering and what you want. So if you can't come
to terms, the only thing you can do, Harry is
sue them for the damage to your floor. Whatever was damaged.
(31:06):
And now for two hundred and fifty bucks, you're gonna
have to sue in small claims court. You're going to
spend a couple hundred dollars. If you win, you're gonna
get the money back. And it's depends on you know,
how important two hundred and fifty dollars is to you,
And depends on how how much time and value you
place on yourself. And it's it literally is you know
(31:29):
what is worth the hassle. I wouldn't do it, Harry,
but then you know I do, okay financially, Now if
it was several thousand dollars, I do it. So Harry,
here's the question. Are you willing to go to court?
And are you willing to you know, spend the time.
It's a day in court, and it's filing and having
it served and fronting a couple hundred dollars for two
(31:51):
hundred fifty bucks. I mean, if it's if it's that
much damage, Harry, you're gonna get it. Yeah.
Speaker 13 (31:57):
No, I I think I'm walking in the same shoes
that you telling me.
Speaker 1 (32:00):
Yeah, it's just, it's just and yeah, And what really
hurts is you deserve the two fifty, Harry, and you're
sucking it up. But you know, if that's the only
thing you ever suck up in life, you know, consider
yourself lucky. Sam. Hello, Sam, welcome to handle on the law.
Speaker 13 (32:18):
Yes, good morning, mister hander.
Speaker 3 (32:21):
Yeah.
Speaker 1 (32:21):
Are you by the way, are you Sam? Are you
on a speaker? Yes, yes, we don't want to do that, okay, okay.
Speaker 13 (32:27):
I took it off the speaker. I my question is
I have I own a condo in restural condo in
San Diego, and in September, the unit upstairs had a
leak from their bathtop they had it turned out they
had a defective overflow steed and the water came down
(32:49):
the wall and flooded the bathroom on my unit, which
costs me twenty five hundred dollars to restore and repair.
And I told the owner to about that, and he
made a claim to his insurance and after a month
and a half investigation, they said that they deny the
(33:11):
claim because the owner was not in a position to know,
so it wasn't an exigence issue.
Speaker 11 (33:19):
And all right, so they united.
Speaker 1 (33:21):
Okay, so there you go. So what's your question.
Speaker 3 (33:24):
Do I have a case?
Speaker 1 (33:25):
Yes, yes, you take him a small claims court. Yes, absolutely, yes,
because it doesn't matter. It doesn't matter if he was
in a position or not a position to know. It's
his his unit caused damage.
Speaker 7 (33:41):
That's it, exactly, that's it.
Speaker 1 (33:43):
So you're fine. Small claims court sue the owner for
twenty so the owner or the owner of both, the
owner or both. But no, I do the owner and
then the owner can worry about it and you can
say it's not my fault. It's a tenants faull. Do
it with both, do it with absolutely both. All right.
I want to end up with talking you about bad
(34:04):
breath and how bad your breath is all of us.
I wake up in the morning. It's horrible breath. I
have coffee in the morning, it's coffee breath. I eat
onions and garlic and lots of it, and obviously I
have breath with that. And so I am a fan
of Zelman's Mintea Mouth. And I'll tell you why. It's
a double hit with Zelmons one. It's a little capsule
(34:26):
that you either bite into where you swallow after sucking
off the mint. You know, he takes a little capsule
strong mint. Those that's gone. You then swallow or bite
into the capsule and they get to work in your
gut and no mint takes care of that. That's Zelman's
Mintea mouth. Now we know it works, we know how
good it is, and it's mint flavored. However, they have
(34:48):
a new flavor and it's spearmint. People have actually asked
for this for a while. Okay, fine, so they're coming
out with their spearmint flavor Zelmans, and you can get
a free pack that wants you to try it on
slee A free pack of Zelman's Spearman if you buy
a free pack. If you buy a three pack of
regular Zelmans, you buy a three pack or more a
(35:11):
free pack of the Zelman's Spearmint flavor. Go to Zelmans
dot com, Z E, L M I N S. Zelmans
dot com, slash kfi Zelmans dot com slash kfi. This
is Handle on the Law. You've been listening to the
Bill Handle Show. Catch my show Monday through Friday, six
(35:33):
am to nine am, and anytime on demand on the
iHeartRadio app,
You're listening to KFI AM six forty the Bill Handles
show on demand on the iHeartRadio f This is handle
on the Law Marginal Legal Advice, where I tell you
you have absolutely no case. If you're injured and need
a lawyer, go to handle on the law dot Com.
And if you're a lawyer and want to join our
(00:21):
team because people desperately need your help, go to handle
on the Law dot Com and click on the join
today tab at the top of the page. The followings
up pre recorded program. This is handle on the Law
Marginal Legal Advice, where I tell you have absolutely no
case whatsoever. All right, As I said earlier, this has
(00:43):
to do this case. It has to do with how
much power a federal judge has in determining where the
US goes and the separation, the procedural and policy separation
of agency to agency in the United States. One of
(01:04):
the aspects of the way the US does business business
is the IRS has all kinds of restrictions on it.
The IRS does not share information with other agencies. If
someone is an illegal alien here, for example, and it's
paying taxes, which a lot of illegal migrants do, exactly
(01:25):
that they pay taxes. Now they come up with false
social Security numbers, which means the government just gets to
keep the money, or they somehow subvert the system where
they're working and they pay taxes, some buy houses and
pay property tax. What the IRS does not do is
share that information where they live, phone numbers, work contacts
(01:50):
with for example, the Justice Department. It just doesn't do it.
So a federal judge denied an injunction requesting to prevent
the Department of Homeland Security and the IRS from partnering.
Partnering to permit US Customs and Immigration to access taxpayer
(02:11):
information to locate illegal immigrants that may be subject to
deportation or our subject to deportation. The bottom line is
that the government was going forward. There was an injunction
requested to prevent this partnering, and a federal judge said, nope,
(02:32):
I'm not going to go forward and grant the injunction.
In other words, the new policy with the IRS, which
again is under the control of the President the executive branch, says,
you are now going to start sharing information that if
someone now this is fairly limited, if someone is subject
(02:55):
to deportation, You're going to share all that information, which
heretofore was not the case, and so now, yep, we're
going to share all kinds of information. So there was
a plaintiff's centro to Tajadas Unidos, the center of We're
(03:16):
United Workers, and they wanted the court to prevent the
IRS from sharing personal tax information with DHS Department of
Homeland Security, to not give it to immigration enforcement purposes.
And the judge denied it, saying, I mean, it's going
to go out obviously in the courts. But the judge says,
right now is right now. The IRS is free to
(03:40):
share that information as to with anybody that the Justice
Department asks for, and the IRS is simply mandated to
do that. We're going in that direction. It's that simple,
all right. Let's take some phone calls. Hey, Dave, welcome
to handle on the law bill.
Speaker 2 (03:59):
Yes, sir, hey, quick question regarding security cameras intringing on
private property. My neighbor and I have a yard separated
by a fence. He has a security camera. Just put
up that line parallel to the fence, going along the
top of the fence, because you think I'm sabotaging his yard,
But half the camera field of view is going into
(04:19):
my yard into my bedrooms. The question is is that
illegal outside?
Speaker 1 (04:24):
He can do that. So you've got a couple of choices.
Number one, put up some shades in your bedroom. That's
that's not that hard to do. Number Two, you put
up a security camera pointing into his yard.
Speaker 3 (04:38):
Oh got it? Okay?
Speaker 2 (04:40):
I found I read that you can't have security cameras
going into someone's yard because of the California Right to Privacy.
Speaker 1 (04:45):
I don't think you I don't think. I mean it
is private, but you can. You can anything outside. I
do believe that you can do because it's outside. I
don't think you have an expectation. I don't think the
expectation of privacy is there. That's my understanding that there
you are, it's opened to anybody. What if you had
a drone and you were videoing straight down? Can they
(05:06):
stop you from doing that? No, they can't. Abel. Hello, Abel, welcome, Good.
Speaker 3 (05:13):
Hi Bill, Bill, excuse me. I've got a problem here.
I'm done in San Diego. I've got some great neighbors.
I've been here forty years and they're both ninety years old,
so they're kind of bedritten now. The daughter moved in
to take care of them. A couple of years ago,
and she's a crystal freak and she's got her son.
(05:35):
Lived in a motor home which was part on my
thing for the last ten years part time.
Speaker 1 (05:41):
I'm sorry parked where on parked on my It was
on my property okay, And you've let that happen for
ten years.
Speaker 3 (05:49):
Well I didn't let it happen. They just started about
two years ago when the kids moved in.
Speaker 1 (05:54):
So what about tan, So what goes back ten years?
Speaker 3 (05:57):
Well, they've been it's been on my property for tail
all right.
Speaker 1 (06:00):
So you've let them allow them to put it on
your property for ten years old and.
Speaker 3 (06:04):
I never allowed it on the property line. It was okay,
my property anyway, So they moved it. One of the
kids beat up his uncle, which his uncle is in
charge of the place here. He don't want to put
up a fence, so we're going round and around. He
wants me to pay for it. If you want a fence,
you put it up. And I'm just really sick. And
they the parents were the best neighbors in the world, right,
(06:27):
and now the kids moved in.
Speaker 1 (06:29):
Okay, what's your question able?
Speaker 3 (06:31):
Okay? What could I see him to pay for half
a fense. No, no, no, to eat it myself.
Speaker 1 (06:38):
If you want to put up a fence, you put
up a fence. That's the way it goes. We're there'll
be no fence. There's nothing you can do to force
them to pay for half your fence.
Speaker 3 (06:47):
Yeah, yeah, I just stop tired of watching people.
Speaker 1 (06:49):
I know, I know. Then put it. Then put up
a fence and pay for it. They're not that expensive.
You put up a wooden fence. Now, if you're putting
up a cinder block fence, that's going to cost you
some money.
Speaker 3 (06:57):
But no, it's a wouldn't it's a wouldn't fences and
you don't want to do half of it or nothing.
Speaker 1 (07:03):
No, he doesn't have to now. Unfortunately you cannot force
that issue. This is handle on the law. Noill handle
here on Saturday morning right up until eleven o'clock. Back
to go. More Handle on the Law. Marginal legal advice David.
Speaker 4 (07:22):
Hello David, I missed your hand out. Yes, but I
was involved in a bus accident with the Metro bus
back in May two thousand. I'm sorry. Back in two
thousand and ten, I had back surgery and I've been
getting my back checked up ever since. I got on
the Metro bus. Bus driver was texting. She ran a
stop sign, smashed a white automobile. I flew forward, landed
(07:45):
on her and banged my right shoulder on the pole.
Speaker 1 (07:47):
Okay.
Speaker 4 (07:48):
I filled out paperwork. I didn't want to make a
big thing about it, and I put on the paper
that I had mild back cane. I left the scene
of the accident, came home following day, went DLA. Tell
me hospital documented my shoulder. Angry into the poll and
the accidents around a month. You know, each day the
pain would get worse. But I didn't want to call
(08:08):
the room, the emergency room. We can't want me. I'm
going to hold cotton. I called Metro. I described to
them this accidents. They tell me we have no record. Okay.
I call the police department. They tell me as well,
no record. I then repeat the procedure, but this time
(08:30):
I record my calls because I'm having a panic attack.
I'm disabled from an accident I had four week around
six weeks ago. At that time, I can't walk because
of it. Horrible pain. I'm struck in my bed and
I'm being denied.
Speaker 1 (08:44):
Okay.
Speaker 4 (08:46):
I hired two attorneys from my bed. They couldn't locate
the accident.
Speaker 1 (08:50):
Let me ask you. Hang on a minute, Hold on
a minute. There is all the buses have video, so
it's kind of interesting. And if Metro is keeping it
from you, I don't get that. You've asked him. How
can they deny the accident? And you, by the way,
went to the doctor and you told them about it,
and that's there's a record of that. Correct.
Speaker 4 (09:12):
Sure, I filed my claim, I made an appointment. I
called the mayor. They're all jokes. They've ignored me.
Speaker 1 (09:20):
Yeah, well that that part, you know, Yeah, that part
doesn't matter.
Speaker 4 (09:23):
Now I had a discovery to respond to, and I
can't afford the bill because I can't use my right line.
Speaker 1 (09:30):
All right, David, what do you.
Speaker 4 (09:31):
Want to tell you where I'm living at? Because it's
quite sad? Okay, David, let me ask you one to
respond to the discovery?
Speaker 1 (09:37):
I don understand. So a lawsuit was hold on? A
lawsuit was filed?
Speaker 5 (09:41):
Then?
Speaker 1 (09:41):
Correct? Yes, sir, A lawsuit was filed, yes, sir? Okay?
Who filed it? Was it a lawyer or you did
it on your own?
Speaker 4 (09:51):
I went to the Stanley Mosque and a Jewish grandmother
was so kind. She filled it out for me, okay.
Speaker 1 (09:57):
And you're so it's in your so it's in your name, okay.
So and they've asked for this okay, and they've asked
for discovery, and you have a week to do it
and you can't. All you can do at this point is.
Speaker 4 (10:09):
Yes, because I can't afford it, okay.
Speaker 1 (10:11):
All you can do is ask for continuance that's for
starters with the court, and you can call the clerk
of the court and say, how do I get a
continuance because that you're going to need because you're going
to blow past the time of the response time and
then you're going to have to just find a plaintiff's lawyer,
who is if you're that banged up enough, you should
(10:34):
be able to find a personal injury lawyer.
Speaker 4 (10:37):
David, this is my situation.
Speaker 1 (10:39):
Yeah. No.
Speaker 4 (10:41):
On internal affairs, I have an appointment next week with
the Inspector General. I'm told that once I can get
my accident report, any lawyer will take my case.
Speaker 1 (10:51):
Right And there is no accident report internal affairs.
Speaker 4 (10:55):
She gave me a pile of paperwork, with me like
five months to get it from her, and she said,
here are our accident.
Speaker 1 (11:01):
What's your question. All right, and you already told me, David. David,
you told me that there's no record of the accident,
and so it's a question of proving there was an accident.
And you're gonna have to just find a lawyer that's
going to go through those steps because it's kind of bizarre.
Speaker 4 (11:16):
That meant the last six months.
Speaker 1 (11:18):
All right, I'm sorry, I just don't have the patience anymore.
I'm losing it. I've been at this long enough where hey,
I want to point something else. I didn't scream okay,
did not scream calm okay in my old age. Now
I'm getting calm. Don't do that to me, Ron, Hello, Ron, Hi. There.
Speaker 6 (11:43):
So I signed up for a credit card for some
new tires and they had a mix up with my
address and then so I didn't receive the card, and
then it turned into like a late sea thing and
they were calling me, you know, to collect.
Speaker 1 (12:00):
And well, what did you use? Did you use the card?
Speaker 3 (12:05):
No?
Speaker 6 (12:05):
But there was an annual fee that they had charged, okay,
and how much is that? It was like thirty bucks.
Speaker 1 (12:10):
Okay, and they're still charging you.
Speaker 6 (12:13):
Well yeah, but it wasn't it wasn't a problem for
me because I wanted to keep the card, and I
explained to him, you know, we figured out the issue.
They had the address wrong by one number, and then
they said, oh, okay, and so that's why I didn't
receive the bills. They waived the late fee and I
paid the annual fee and so now I have a
credit on the account of seventy eight dollars and that's what.
(12:36):
That's all good, But I still haven't received the card itself,
and I just every month I get like a notice
and it says the card is canceled and I have
a credit of seventy eight dollars. But when I call them,
I said, well, I don't want to cancel the card
because I want to I'm working on my credit score,
and as I understand, that goes against that. So can
you just reinstate the account send me the card? And
(12:58):
they always are very nice to me and they say, yes, yes,
we're going to send it.
Speaker 3 (13:02):
Watch for the mail.
Speaker 6 (13:03):
I wait, and I just get, you know, another.
Speaker 7 (13:05):
Statement with the thing.
Speaker 1 (13:06):
So, Ron, what's your question.
Speaker 6 (13:08):
I want to know, how do I get them to
just send me the card and keep my account open?
Speaker 1 (13:12):
Yeah, Well, the only thing you can do is what
you're doing is keep on talking to them and say, hey,
you know you've been sending me this after this, and
you send them a copy of everything they've sent you
and go, I want my card and that's it. Or
what you can do is spend a few thousand dollars
file a court order against them, or try to get
(13:34):
a court order and the judge will say you must
give Ron his card and that should know, that should
only cost you five six thousand dollars. You're doing everything.
You could just go up the just called the food
chain because obviously and you know they'll give it to you.
This is uh. I once had a problem with American
Express and we had to go through five literally five
(13:56):
goal rounds before I got my card. And you know,
it just happens. You fall through the cracks. Okay, let
me talk about your business for a moment. In general,
if you're not using AI, well, there's a good chance
that you're probably losing money because that's how effective AI is,
and you're probably losing productivity and a competitive edge. And
(14:17):
tell me how important that is today. So let me
suggest you look at NetSuite. It's the number one cloud
business management system out there and It brings all of
your business together into one system. I mean the accounting,
the financial management, inventory, if that's what you do HR.
And it's all in one efficient suite, so all the
(14:38):
numbers are the same. You're not going into different parts
of your business. It's all there. And that's what NetSuite
dot com does or NetSuite does, And so I'm going
to suggest you download the cfo's Guide to AI and
Machine Learning. It's an easy free download to see if
(14:58):
net suite can help you, and I am convinced they can.
Forty one thousand businesses say yes to that. So go
to NetSuite dot com slash handle. If your business has
two billion dollars or more annually, go to NetSuite dot
com slash handle. Nets, Sweet Sweets and office suites NetSuite
dot com slash handle. This is handle on the Law.
Speaker 7 (15:24):
You're listening to bill handle on demand from KFI AM
six forty.
Speaker 1 (15:32):
KFI handle here on a Saturday morning, Legal advice for
you and yours. Here eight hundred five two zero one
five three four is number to call top of the
hour lines open. Eight hundred five two zero one five
three four. This is handle on the law. This is
marginal legal advice where I tell you have absolutely no case,
(15:55):
which of course makes my day. Jeremy, Hello, Jeremy.
Speaker 3 (16:01):
Hello.
Speaker 8 (16:01):
Yes, yes, well a tesla crashed through my wife or
our new business.
Speaker 1 (16:09):
Congratulations, that's that's pretty impressive.
Speaker 8 (16:12):
That was the day we received the business license.
Speaker 4 (16:15):
I was very lucky. I was very lucky to live.
Speaker 1 (16:17):
Good for you.
Speaker 8 (16:19):
And unfortunately, later the driver passed away. I'm not sure
directly it was a result or not, but we have
been stuck and unable to get his insurance company to
follow through on giving us any money to get the
sad fixed of the new business.
Speaker 9 (16:36):
Okay, that's where it was sort of stuck, right, Yeah, Well.
Speaker 1 (16:38):
I mean you have a personal injury case there, and
you're going to go after the estate and certainly the
insurance company unless the paul is. I thought the insurance
company should be responsible under any circumstances. And when you
say you almost died, does that mean you were barely
hit or you were banged up?
Speaker 8 (16:58):
No, I mean I was actually extremely lucky. Surrounded by rubble,
but other than a little bit of a back issue
and some you know, some PTST type stuff, I was
physically fine.
Speaker 1 (17:09):
Yeah, and PTSD is pretty difficult to deal with, especially
in car access kind of thing. So you're very lucky
and very lucky in those situations. Means you have a
crappy case. If your if your chest had been crushed
and you, let's say, lost half your head, you'd have
a much better case. Have you talked to a personal
injury lawyer?
Speaker 8 (17:28):
I did back in August, and again it's sort of
the their interest was tentative because of my sort of
well because I was lucky.
Speaker 1 (17:36):
Basically, yeah, well you know what, but let me let
me go back to the PTSD business, because that may
be the hook. Have you been seeing a shrink any
psychiatric or psychological professional.
Speaker 2 (17:50):
A couple of times?
Speaker 1 (17:51):
Okay? And this happened how long ago this accident?
Speaker 3 (17:54):
August?
Speaker 10 (17:55):
Okay?
Speaker 1 (17:56):
Okay, so that's far enough ago that, I mean, feel
much better if you were in a you know, an
insane asylum or you're seeing a shrink three times a week.
Speaker 10 (18:05):
Uh.
Speaker 1 (18:06):
And so the issue is simply claiming against the insurance company. Now,
was the new business is at a What kind of
businesses it?
Speaker 11 (18:16):
Jeremy, It's a spa, a spa and massage.
Speaker 1 (18:19):
Okay, So so the bill is that you're building. No, okay,
did you buy business interruption insurance?
Speaker 8 (18:26):
Unfortunately my wife didn't get that covered by that.
Speaker 4 (18:28):
I mean this is a day of the open century.
Speaker 1 (18:30):
Yeah, okay, I mean that's a little I mean that's
a little negligent on your side, because you know, you
don't open it. You don't open a business unless you
get UH insurance business interruption insurance.
Speaker 3 (18:41):
That.
Speaker 1 (18:41):
Yeah, it's a hard lesson to uh to learn, and
people don't usually think of that when they open a business.
It's not usually top of mind. Oh and I anty
business interruption insurance. You know, I don't know where to
go on this. Uh. So you have loss of business
uh and I guess all you can do is go
to the against the estate, who then will turn it
over the insurance company. And then all you can do
(19:03):
is sue. And there's not much more to do. I mean,
I don't know where to I don't know where to
go beyond that. And you probably know all that. So
it's a tough place to be. Catherine. Hi, Catherine, welcome
to handle on the law.
Speaker 5 (19:19):
Yes, I go to the oral surgeon for consult in
the front office gives me six pages to sign my
name with writing on both pages. So I do that,
and I tell them I'm not buying a house anyway.
They give me a dirty look. I go in to
see the oral surgeon and he presents me with seven
(19:40):
more pages to sign my name in a small font,
sign my name in six different places again, an initial
in eight different places. How legal is this?
Speaker 1 (19:53):
Oh, it's not illegal. Depends on what he has you sign.
If it's a question of disclaimer after disclaimer after disclaimer.
Any consent form goes on forever with doctors now, and
what you probably signed is everything that could happen to you.
An arbitration clause that if you're arguing that there's medical
(20:13):
malpractice of any kind, you go to arbitration instead of
going to court. There's a bunch of different things. No,
there's nothing illegal about it. What you want to do
is just have them explain it. Okay, what am I
signing here? And they may take hours to explain it,
but that's it happens all the time. They're getting more
and more complicated by the day. And yeah, you talk,
(20:35):
you go to another dentist, you.
Speaker 5 (20:37):
A different name or not my name or something.
Speaker 1 (20:41):
No, you can't do that. You can't sign a different
name it's your name, you have to be honest about it.
And yeah, and they're not doing anything illegal. I just
I'd love to see what fifteen pages of disclaimers and
it looks like. But yeah, you can do it. Joe. Hello, Joe,
welcome to handle on the law.
Speaker 10 (21:00):
I have a bill.
Speaker 3 (21:01):
I have a question.
Speaker 10 (21:02):
I had a felony conviction three years ago, and I
was ordered to pay a restitution of two hundred and
forty thousand dollars wow, which I paid, which I paid
in full.
Speaker 1 (21:13):
WHOA, Well, let me stop you right there, because now
you've just fascinated me. Uh what was the felony conviction for?
And uh, how were you able to come up with
two hundred and forty thousand dollars in cash over three years?
Speaker 10 (21:27):
Well, it was an identity zet which was old because
they never I should have come through trial. But but
I decided to pay the cup financially well faced.
Speaker 3 (21:36):
Forty thousand was not the.
Speaker 1 (21:37):
Issue, Okay.
Speaker 10 (21:38):
The issue we're having now is two folds. One was
since the conviction has been now dismissed expanse and the
and the judge has ordered the case vacated, which means
the conviction was overturned.
Speaker 2 (21:50):
I have my two.
Speaker 10 (21:51):
Questions to you, And am I entitled to the restitution to.
Speaker 4 (21:54):
Be paid back by the plaintiffs?
Speaker 10 (21:56):
And second of all, they're trying to assue me Civilly
went while they signed a settlement agreement with the DA
and the original criminal case.
Speaker 1 (22:05):
Okay, what's the answer is. I don't think you're going
to get the money back. And if let's say the case,
they can no longer use the case against you on
a civil matter. Just because they signed with the DA,
it doesn't mean that they signed they don't go after you.
They can sue you still.
Speaker 10 (22:24):
Even if it's on bugus.
Speaker 1 (22:26):
Well yeah, then that that and that's that's your argument, Joe,
And then it's a statement of fact. So they sue you.
Speaker 10 (22:33):
They I worked for them and they paid us wages
for one hundred and seventy thousand, which we paid back,
and they are suing me for eleven million dollars.
Speaker 1 (22:41):
Okay, Well they're not. Yeah, they're not going to get
eleven million dollars. That's crazy, you know, unless they can
prove eleven million dollars worth of damages against you, okay,
or or there was so much fraud involved that they're
going for punitive damages. But that's really tough, Joe. They're
they're probably gonna sue you because it, sir, it's like
a really interesting relationship you have with them, and you
(23:03):
get a lawyer to defend, and uh, that's it. And
you're not going to get your two hundred and forty
thousand dollars back at least. Uh that's the way I
understand it. Hello, Scott, welcome to handle on the law.
Speaker 11 (23:15):
Yes, thank you for your time.
Speaker 7 (23:17):
Sure to be quick.
Speaker 11 (23:19):
I had a car in the street that was not registered,
you know, it was up the code and it wasn't insured.
It just came up a trailer, per se, and guy
drive down the street and I'll totally hit me. Okay,
now it is a legal car in the street. Is
the insurance company say.
Speaker 1 (23:38):
It is an illegal car on the street? Is that
what you said?
Speaker 11 (23:41):
Yeah, I mean the tags aren't up and it doesn't
have insurance, all.
Speaker 1 (23:45):
Right, So is the insurance company And to say no,
of course, I'm going to.
Speaker 11 (23:48):
Say no, of course.
Speaker 3 (23:50):
Yeah.
Speaker 1 (23:50):
You read your policy. Yeah, I mean it's yeah. I mean,
you know, if you're insuring a car and right there
in the policy you'll read it has to be a
car that's legals but right just started yadah, yeah, yah, YadA.
I'm guessing if it's silent on that, if it doesn't
say it doesn't restrict their coverage, then you're fined. Then
you're fine.
Speaker 11 (24:10):
What you say, well, I don't have insurance.
Speaker 1 (24:13):
Oh, then you're screwed. Then you can sew. Then you
can sue the person. They hit you in the car.
And by the way, the fact that it is not
insured and doesn't have tags, that doesn't change that they
damage your personal property. So you have a lawsuit. You
have a lawsuit against the driver. How much was the
car works got?
Speaker 11 (24:34):
That's a two thousand avalon. I don't I'm not really
not very much.
Speaker 1 (24:39):
But you get the value. Yeah, but you get the
value of the car. Maybe it's two thousand and three
thousand dollars. There's your lawsuit. Hugo, Hi, Hugo, welcome, Hey Bill.
Speaker 12 (24:49):
So, of course my name is Hugo. I've been trying
to get my birth certificate fixed because my social Security
name is Hugo, but on my first certificate is Hugh.
I to go get the California real ID and also
for me to get my passport, but I can't because
they don't match.
Speaker 1 (25:08):
WHOA okay, so uh yeah, all right, so you're probably
gonna have to go on your birth certificate is mine? Yes,
How did you get Hugo from Hugh? Where did that happen?
Speaker 12 (25:19):
I have no idea? All right, So I didn't like
that for the longest.
Speaker 1 (25:22):
All right, all right, So here is what I'm going
to suggest you do. The birth certificate is probably going
to control and uh. Then you contact the Social Security
Administration to have your Social Security card and number the
same as your birth certificate, and then you can call
yourself whatever you want, Hugo. I mean, you can go
(25:45):
by Hugo Huguenot and you know whatever. That doesn't matter.
But the two have to match. And you're right, that's
a real issue. The easiest way of doing it contact
the Social Security Administration. And they're actually pretty good about
answering phone calls. I have to tell you, you know, I've
been doing a lot of these Medicare commercials, and those
governmental authorities are actually pretty good now by answering phone calls,
(26:08):
and they're uh and they're cooperative and they help you out.
But I think that's where you want to go, is
you start at the birth certificate and just match everything
to your birth certificate, including your driver's license. And you
walk in and you go into the DMV and I
want to change this. You make an appointment to go
in there and go, here's my birth certificate. I'm really hugh,
can you change that? Tom? Hello? Tom?
Speaker 4 (26:32):
I know how you doing today?
Speaker 1 (26:34):
I'm good? What can I do for you?
Speaker 3 (26:35):
Good?
Speaker 1 (26:36):
Good?
Speaker 7 (26:36):
So technical question, So my uncle probably has about two
days to live, yes, terminal cancer, and he wants to
grant you his condo and his car to me. The
problem is they're both I have the title and the
pink slip to the car, but it's his wife's name.
Speaker 1 (26:54):
Okay, So your question, so, how.
Speaker 7 (26:57):
Can I retitle those assets?
Speaker 1 (26:58):
You can't the wife. His wife has to sign it over.
It's her, it's her stuff. Yeah, yeah, there's no way.
I mean she You've got to talk to her, and
I'm assuming you don't have a relationship to the extent
that she's willing to give you the car and the assets.
Speaker 9 (27:13):
Correct.
Speaker 1 (27:13):
Okay, Well, your so o l which is a legal term.
As you know, this is handle on the law. Back
more handle on the law. Marginal legal advice Albert, Hello, Albert,
welcome to handle on the law.
Speaker 9 (27:31):
Hi, Billy, this is Albert.
Speaker 3 (27:33):
Yes, I'm injured.
Speaker 9 (27:34):
That's that's my left elbow at work and injured my
wrists and my two shoulders. So I just need some
advice if I have any legal compensation before I settle,
because I don't know how this works.
Speaker 1 (27:49):
Yeah, it's a work com case, and I'm assuming you
have an attorney, a work comp attorney that's filed for
workers comp correct.
Speaker 9 (27:57):
I didn't because this is where I feel stupid. I'm
a supervisor at work. I protect employees at work every day.
We try and protect each other. Now I got injured
because mainan's moved a machine but didn't guard the back
of the rails of the board machine and I tripped
over that. So no, I got injured, and I'm trying
to do the right things. Well, right, I don't want
to be stupid, All right, Albert, and take it on
(28:20):
the shorts.
Speaker 1 (28:20):
Okay, Albert, it's it's it's time for you to get
a work comp attorney who is going to file for
work compensation. I'm assuming you have temporary disability during the
entire time you couldn't work correct.
Speaker 9 (28:33):
Correct, Okay, So now we're on the workers comfort ten
months okay.
Speaker 1 (28:36):
Uh. Then you were talking about, uh, work comp if
there's any injury, are you going back to work?
Speaker 9 (28:42):
So I just started about okay this month.
Speaker 1 (28:44):
Yeah, I don't know if you're going to be able
to get anything because you're you've gotten worker compensation, you've
been you are receiving that. And uh, then we're talking
about disability and it doesn't sound like you're disabled. If
you are partially disabled, then you file for disability. But
it sounds like it sounds like you're doing everything right, Albert.
Speaker 9 (29:05):
Okay, so maybe may be confused. I'm not I'm not disabled.
I'm recovering.
Speaker 1 (29:10):
No, I understand. No, No, what I'm saying is if
you were disabled, you would file under disability. But it
sounds like you're just going back to work and you've
been out for ten months and you and you got
compensation workers comp.
Speaker 9 (29:21):
Correct, Yes, yes, okay, what about anything for pain and
self things?
Speaker 1 (29:26):
No? No, no, that's all that's all covered by workers comp.
There is no third party claim. There isn't even a
first party claim other than workers comp. California no fault state,
which means if you are injured at work and there
is no third party who could be at fault. Let's
say the railing. You went through the railing because it
(29:47):
was defective because the people that installed it screwed up,
or the manufacturer screwed up and building it. It's it's
the fault of your employer and the employee and the
employee who works for your employer. That's all one and
the same. So there's nothing more you're going to get.
You got what you got, and that's it. That's the
whole way the system works in California. Harry, Hello, Harry, welcome,
(30:13):
Thank you. Yes.
Speaker 13 (30:15):
So I bought a fridge and by it broke down
more than eight or nine times.
Speaker 11 (30:22):
Costo decided to take the fridge back. Alg is offering me.
Speaker 9 (30:27):
A floor damage of seven hundred and fifty dollars incent of.
Speaker 11 (30:31):
One thousand dollars.
Speaker 2 (30:33):
And I couldn't communicate any more than what I'm communicating
with you.
Speaker 11 (30:37):
They're just telling me.
Speaker 13 (30:38):
This is all we can do.
Speaker 1 (30:39):
Okay, take it or leave it?
Speaker 11 (30:41):
Right? Do I take it now?
Speaker 1 (30:43):
It depends? Okay, So let's okay, Harry. Now you have
to decide where's the hassle. So you're now talking about
two hundred and fifty dollars the difference in what they're
offering and what you want. So if you can't come
to terms, the only thing you can do, Harry is
sue them for the damage to your floor. Whatever was damaged.
(31:06):
And now for two hundred and fifty bucks, you're gonna
have to sue in small claims court. You're going to
spend a couple hundred dollars. If you win, you're gonna
get the money back. And it's depends on you know,
how important two hundred and fifty dollars is to you,
And depends on how how much time and value you
place on yourself. And it's it literally is you know
(31:29):
what is worth the hassle. I wouldn't do it, Harry,
but then you know I do, okay financially, Now if
it was several thousand dollars, I do it. So Harry,
here's the question. Are you willing to go to court?
And are you willing to you know, spend the time.
It's a day in court, and it's filing and having
it served and fronting a couple hundred dollars for two
(31:51):
hundred fifty bucks. I mean, if it's if it's that
much damage, Harry, you're gonna get it. Yeah.
Speaker 13 (31:57):
No, I I think I'm walking in the same shoes
that you telling me.
Speaker 1 (32:00):
Yeah, it's just, it's just and yeah, And what really
hurts is you deserve the two fifty, Harry, and you're
sucking it up. But you know, if that's the only
thing you ever suck up in life, you know, consider
yourself lucky. Sam. Hello, Sam, welcome to handle on the law.
Speaker 13 (32:18):
Yes, good morning, mister hander.
Speaker 3 (32:21):
Yeah.
Speaker 1 (32:21):
Are you by the way, are you Sam? Are you
on a speaker? Yes, yes, we don't want to do that, okay, okay.
Speaker 13 (32:27):
I took it off the speaker. I my question is
I have I own a condo in restural condo in
San Diego, and in September, the unit upstairs had a
leak from their bathtop they had it turned out they
had a defective overflow steed and the water came down
(32:49):
the wall and flooded the bathroom on my unit, which
costs me twenty five hundred dollars to restore and repair.
And I told the owner to about that, and he
made a claim to his insurance and after a month
and a half investigation, they said that they deny the
(33:11):
claim because the owner was not in a position to know,
so it wasn't an exigence issue.
Speaker 11 (33:19):
And all right, so they united.
Speaker 1 (33:21):
Okay, so there you go. So what's your question.
Speaker 3 (33:24):
Do I have a case?
Speaker 1 (33:25):
Yes, yes, you take him a small claims court. Yes, absolutely, yes,
because it doesn't matter. It doesn't matter if he was
in a position or not a position to know. It's
his his unit caused damage.
Speaker 7 (33:41):
That's it, exactly, that's it.
Speaker 1 (33:43):
So you're fine. Small claims court sue the owner for
twenty so the owner or the owner of both, the
owner or both. But no, I do the owner and
then the owner can worry about it and you can
say it's not my fault. It's a tenants faull. Do
it with both, do it with absolutely both. All right.
I want to end up with talking you about bad
(34:04):
breath and how bad your breath is all of us.
I wake up in the morning. It's horrible breath. I
have coffee in the morning, it's coffee breath. I eat
onions and garlic and lots of it, and obviously I
have breath with that. And so I am a fan
of Zelman's Mintea Mouth. And I'll tell you why. It's
a double hit with Zelmons one. It's a little capsule
(34:26):
that you either bite into where you swallow after sucking
off the mint. You know, he takes a little capsule
strong mint. Those that's gone. You then swallow or bite
into the capsule and they get to work in your
gut and no mint takes care of that. That's Zelman's
Mintea mouth. Now we know it works, we know how
good it is, and it's mint flavored. However, they have
(34:48):
a new flavor and it's spearmint. People have actually asked
for this for a while. Okay, fine, so they're coming
out with their spearmint flavor Zelmans, and you can get
a free pack that wants you to try it on
slee A free pack of Zelman's Spearman if you buy
a free pack. If you buy a three pack of
regular Zelmans, you buy a three pack or more a
(35:11):
free pack of the Zelman's Spearmint flavor. Go to Zelmans
dot com, Z E, L M I N S. Zelmans
dot com, slash kfi Zelmans dot com slash kfi. This
is Handle on the Law. You've been listening to the
Bill Handle Show. Catch my show Monday through Friday, six
(35:33):
am to nine am, and anytime on demand on the
iHeartRadio app,
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