Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:00):
You're listenings KFI AM six forty the Bill Handles show
on demand on the iHeartRadio five. Handle here on a
Saturday morning with the Legal Show, and the phone number
is since it is the top of the hour and
we've been pretty good today, we've been pretty jammed up,
and we do have a few lines open because it
(00:22):
is the top of the hour. Eight hundred five two
zero one five three four. Eight hundred five two zero
one five three four. That's the number to call. And
at the at the end of the show an hour
for now, I'll still answer phone calls at off the.
Speaker 2 (00:41):
Air and I'll explain all that to you a little
bit later on.
Speaker 1 (00:43):
So let me repeat eight hundred five two zero one
five three four and you will get in fairly quickly.
Now this is Handle on the Law, marginal legal advice,
where I tell you you have absolutely no case ex
think case that went up to the Supreme Court which
the court did not hear. And here's what happens when
(01:09):
you go up in front of the Supreme Court, and
that is they can do a bunch of things.
Speaker 2 (01:14):
One of them is decide to hear the case and
then set up arguments.
Speaker 1 (01:17):
And there the argument on both sides is made and
the court then will make a decision later on, usually
months later.
Speaker 2 (01:26):
It's by the end of June the court is over,
so we're pretty close to.
Speaker 1 (01:30):
Getting final decisions. Last week is when the big booms
come by, and then it opens up in October and
usually by the questioning, you know which way the court's
going to go. When you have the judges ask questions
in a certain way, you kind of know where they're leaning.
Speaker 2 (01:44):
So that's one thing. They agree to hear the case.
Speaker 1 (01:47):
Number two, they don't agree to hear the case now,
we don't want to hear it. Keep in mind, the
court hears about eighty cases a year. Five thousand are
applied for five thousand cases submitted to the Supreme Court,
of which they hear about eighty of them. So they
deny the vast majority of the cases. They say, we
(02:07):
don't want to hear it, which means that the Appeals
Court decision under them stands effectively what they're saying. You know,
what the appeals court says is the last word, we
don't want to hear it, goodbye, and that is granting
or not granting cerciori. That's the term if the court
grant cerciori. That means they're going to hear it. And
(02:28):
if they don't grant serciori, they don't want.
Speaker 2 (02:30):
To hear it.
Speaker 1 (02:31):
So in this case kind of an interesting one that
this past week the court declined decline cerciary to hear
an Apache tribe religious challenge to the construction of a
copper mind in Arizona. This was federal land that the
Apache Tribe said, this is sacred to us, it is irreplaceable,
(02:55):
this is our religion. And usually the court does says, okay,
you know, religious freedom is religious freedom and the practice
of religion.
Speaker 2 (03:05):
We're going to lean towards. This one went the other way,
actually major the other way.
Speaker 1 (03:10):
The decision leaves intact that lower court's ruling against the
tribal members. Big loss for the Apache Stronghold, a group
that has argued that that mine the construction would violate
their religious rights by permanently wiping out a sacred site
used for religious ceremonies, a unique sacred site, and so
(03:33):
the decision allows the US Forest Service to move forward.
This again force federal land to move forward with plans
to issue a final environmental impact report. Here a last
round of public comment before issuing a decision on transferring
the land to Resolution Copper, a joint venture by a
bunch of mining companies, Rio Tinto, which is the biggest
(03:56):
copper mining company in.
Speaker 2 (03:57):
The world and BHP Group, which I've never heard of.
Speaker 1 (04:02):
And so what the court did is say we're not
going to stop it. The Court was asked to just
stop everything. Cold done, finished land can't be transferred, and
the Court refused to do that. So now it moves forward,
doesn't mean it's going to happen, because the US Fours
Service still has to issue a final environmental impact report
(04:26):
that's going to allow it or not allow it. Here
a last round of public comment before issuing their decision,
and if they decide in favor of the mining company,
then the land is transferred to Resolution Copper. And we'll
see which way the government goes on that one. But
this one a religious freedom argument saying we are harmed
(04:47):
religiously and our sacred lands are going to be affected.
The Supreme Court said, eh, not really, We really don't
care too bad, all right, In case to say the least,
let's go ahead and take a phone call here, Jerry.
You've been waiting a while. What can I do for you.
Speaker 3 (05:08):
Hello, my husband went out on workers' comp several years ago,
and I set him out. Was set aside for any
future surgery he may need. He has since retired now
and he is not going to need surgery. Are we
entitled to that?
Speaker 2 (05:26):
Stall?
Speaker 1 (05:27):
No? No, absolutely not. This is basically workers' comp said,
it's not really. I don't think the money is set aside.
They don't come up with a figure and say here
is the amount, because they have no idea how much
the surgery is gonna cost, no idea. So what what
amount of money do you set aside? Four and thirty
four dollars because he's going to need an extra bandage
(05:52):
which costs two hundred bucks because that's what they charge.
Speaker 2 (05:55):
So no, what what the decision was.
Speaker 1 (05:57):
If he needs the surgery, it is still valid years
later because they're going to view it as a result
of this injury. So he's entitled to the surgery. No,
you don't get the money.
Speaker 3 (06:10):
Even if you turn seventy, Oh.
Speaker 2 (06:12):
It doesn't matter.
Speaker 1 (06:12):
You could turn one hundred and seventy, it doesn't matter.
Speaker 2 (06:19):
Okay, even if you turn seventy wow, No, you.
Speaker 1 (06:22):
Know what, I take that back. If you do hit
one hundred and seventy. My guess is you could make
a claim and somebody will say, yeah, sure, you know
one hundred and seventy. Ah, yeah, why not, We're going
for it all right. Let me tell you about an
offer being made by Zelmans. Zelmans are these little capsules
(06:48):
that it's about your breath. It's making your breath fresh
and clean and for hours and I mean hours after that.
Speaker 2 (06:55):
And they're covered with a strong mint MINTI coding.
Speaker 1 (06:59):
And then what you do is you suck on the
mint part and when that disappears, you swallow or you
bite into the capsule and it goes into your gut
and gets to work there where bad breath can start
does start stay there.
Speaker 2 (07:11):
No mint in the world deals with that.
Speaker 1 (07:13):
So Zelmans has this strong minty coding and they just
introduced their new Spearman flavor of Zelmans and they'd like
you to try it. And so here is their offer,
which ends today.
Speaker 2 (07:26):
It ends at midnight tonight.
Speaker 1 (07:29):
So if you want a free pack of Spearman Flavor Zelman's.
Speaker 2 (07:33):
Here's what you do.
Speaker 1 (07:34):
You buy a three pack, which which the vast majority
of people do. So you order a three pack and
you will get a new pack of the Spearmant Flavor
absolutely free. So go to Zelmans dot com, z E
L M I n S. Zelmans dot com slash Kfi,
(07:58):
Zelmans dot com slash Kfi.
Speaker 2 (08:01):
Offer ends today.
Speaker 1 (08:03):
Zelmans dot Com slash Kfi.
Speaker 2 (08:07):
This is handle on the law Kfi.
Speaker 1 (08:11):
Handle here on a Saturday morning, right up until eleven o'clock.
And I'll continue taking phone calls off the air for
about forty five minutes, give or take, and so you'll
be still able to take well.
Speaker 2 (08:25):
I'll still be able to give you advice. Coming up
at eleven o'clock.
Speaker 1 (08:27):
Rich Demurrow is here with the Tech Show, and from
two to five Neil Savedra with the Fork Report. My
friend Neil been working with Neil for almost thirty years
and it's all things food and he is a foody
extraordinary And this afternoon from two to five, phone number
eight hundred five two zero one five three four.
Speaker 2 (08:50):
It's eight hundred five two zero one five three four.
This is handle on the law Welcome back, where I
give you marginal legal add vice.
Speaker 1 (09:04):
Uh. Donald, Hello Donald, Hello, Yes.
Speaker 4 (09:10):
Yes, I have a quick question. Bill, I have a case. Uh.
And it was up to the entry of default on
an accident hit and run where there was injuries and
my car was total and the clerk elected to not
do the entry so it can go before the judge
for a judgment, a court judgment on the grounds that
a statement of damages was not included, which should not
(09:35):
have been included with the original documents. So she sent
it back and then I refiled. Then she sent it
back again and saying that there was no proof of service,
which I had the marshal to serve the defendant. Then
she made it, then she did. I reapplied, then I
sent it back in, brought it back in. Then she
gave me a courtesy call saying that she was not
(09:55):
going to do the injury of default.
Speaker 2 (09:58):
And so I said, you give you away. You give
you a reason that third time when she called you.
Speaker 5 (10:02):
The third time was that the defendant had filed an
answer thirty days late. That means sixty days total for
the filing, but it was thirty days beyond the thirty
days allowed by the court.
Speaker 2 (10:15):
Wow.
Speaker 1 (10:16):
Yeah, so obviously the clerk, the clerk does not like
you at all.
Speaker 2 (10:22):
Uh.
Speaker 6 (10:24):
I follow a complaint and we have a court hearing
for for anything going on beyond the default entry, and
I went and talked to her supervisor.
Speaker 4 (10:34):
I spoke to the.
Speaker 5 (10:36):
Guy downtown and they all kind of like got quiet
on me.
Speaker 4 (10:39):
But I'm following an official complaint, right right.
Speaker 2 (10:43):
Okay, here's what's going to happen. You've got to show up.
Speaker 1 (10:45):
There's a date and you've got to show up to okay,
and you're going to argue with the judge. You're going
to bring the proof that the default should have been
entered and the clerk did this to you. And here
is the proof saying, for example, that there was no
proper service, your honor.
Speaker 2 (11:06):
Here's the marshall service right here in front of you.
Speaker 1 (11:11):
And what you're going to do is uh ask the
judge to grant the default right there. Now you've got
to prepare the case and case the judge says no.
Speaker 2 (11:23):
So you and I got all these and that's fine
for me. Then that's what you do. So one of
the two things is going to happen. Go ahead.
Speaker 5 (11:33):
The The problem is, I'm looking for money. I'm gonna
go for Vietnam better thirty nine years in the military.
Speaker 2 (11:39):
What are you looking for?
Speaker 5 (11:40):
And I'm looking for this woman not to do the
same thing again.
Speaker 2 (11:46):
The judge is not gonna order that. Yeah, that's not
gonna happen. Donald.
Speaker 1 (11:49):
All they're gonna hear is all they're gonna hear is
your your CA Okay.
Speaker 5 (11:54):
The bottom line is I got the assassination of PTSD
that I managed to manage.
Speaker 1 (11:59):
Then then why aren't you then why aren't you filing
a complaint for damages?
Speaker 4 (12:05):
I am following a complaint.
Speaker 1 (12:06):
Yeah, but you say you don't want anything. What are
your damages? What are your damages?
Speaker 5 (12:12):
My business was told total I had twenty thousand dollars
with the bills including medical care.
Speaker 2 (12:18):
Okay, that's those are your damages.
Speaker 1 (12:20):
So when you say you're not looking for money, you're
looking for money?
Speaker 4 (12:25):
Not really?
Speaker 1 (12:26):
No, then drop then If you're not looking for money
and the court will not order this woman not to
do this again, why are you bothering?
Speaker 4 (12:38):
The fact is I'm very disappointed.
Speaker 1 (12:42):
No, I understand, and I would be disappointed also based
on what you said, Donald, you got screwed by this
court clerk.
Speaker 2 (12:49):
You got screwed.
Speaker 1 (12:50):
But let's assume that you didn't get screwed and you
get your judgment.
Speaker 2 (12:55):
All you're going to do is get your judgment for
twenty thousand dollars. That's it.
Speaker 1 (12:59):
The court's not gonna say and don't ever do this
again to the other side.
Speaker 2 (13:03):
They don't do that.
Speaker 1 (13:04):
Now, there can be there can be someone who files
for an order for the court to make that, but
that is totally separate, and that is someone who in
fact has been damaged by that. You your damages are
your twenty thousand dollars.
Speaker 2 (13:22):
Now, can you file a separate motion to have the court?
Speaker 1 (13:25):
Let mean what it's very specific as to what the
court's order on basically a restraining order. But your damages
are twenty thousand dollars. So if you have it, you
go forward.
Speaker 2 (13:38):
That's it.
Speaker 5 (13:38):
But more than that, I lost, I lost eighty eighty
thousand dollars on a business that I paid for.
Speaker 4 (13:43):
Okay, you please that.
Speaker 1 (13:44):
Okay, Then that's another eighty thousand dollars of damages you're
asking for, Okay, Okay, So you just that, you add
up all the damages you go to court and for
and you first argue for the default. And I think
based on what you said, the judge's going to give
it to you and is going to the other side.
Speaker 2 (14:00):
You're done. The default has been answered.
Speaker 1 (14:04):
It's been a pleasure, go get a sandwich because you're
out of here. So your default would stay if you.
Speaker 4 (14:08):
Got my phone number, you got my phone number, GI me.
Speaker 2 (14:11):
A bill, yeah I wish.
Speaker 1 (14:14):
Unfortunately, unfortunately the bill isn't going to fly.
Speaker 2 (14:18):
I've tried that before and everybody, but.
Speaker 5 (14:22):
You shit a different light.
Speaker 2 (14:24):
Okay, all right, fair enough.
Speaker 1 (14:25):
Well I'm glad I gave you a different light because
sometimes you know, the law is not that easy. It
really isn't. It gets pretty sloppy sometimes not in this case.
I mean, hey, I've been damaged to one hundred and
twenty thousand dollars, but I'm not interested in the money.
I want the court to say to her, don't ever
do that again. It ain't gonna happen. So, you know,
ask for one hundred and twenty where in this case,
(14:46):
ask for the default. Now, let me talk about your
business for a minute.
Speaker 2 (14:50):
Today. It's crazy to do business. I mean completely insane.
Speaker 1 (14:54):
I mean every day the tariffs are changing, the market
is changing.
Speaker 2 (14:59):
One of the businesses I have.
Speaker 1 (15:00):
While I have one business or two businesses, now I
have a partnership and we bring in cookwear stainless steel
cooker from China.
Speaker 2 (15:09):
If you can believe that. Can you imagine how crazy
it is in these days.
Speaker 1 (15:14):
So what we do, my partner and I is we
just figure out wear manufacturing distribution and we really don't
have time to deal with the.
Speaker 2 (15:24):
Administrative part of this stuff.
Speaker 1 (15:26):
And AI is so important across the board, and if
you're not using AI, you're probably losing money, productivity, a
competitive edge.
Speaker 2 (15:35):
So let me tell you about net Suite.
Speaker 1 (15:36):
Net Suite is the number one cloud business management system.
Speaker 2 (15:40):
Here's what it does.
Speaker 1 (15:41):
It makes your business more efficient, easier, faster. It brings
accounting and financial management, inventory which we do, and HR
which we have to do into one efficient business suite.
Does it make sense you bet? How do you know
if it's going to work for you? Well, download the
free CFOs guide A to AI and man Machine leun
(16:05):
learning and it's absolutely free. So you look at whether
NetSuite can help your business, and I'm willing to bet
it has. Forty one thousand businesses so far are on
board with NetSuite. So go to NetSuite dot com slash handle,
net suite sweet as an office suitees NetSuite dot com
(16:25):
slash handle.
Speaker 2 (16:26):
This is handle on the law. You're listening to Bill
handle on demand from KFI AM six forty. Welcome back
bill handle here.
Speaker 1 (16:39):
It's another half hour ago till the end of the show,
and I will continue with phone calls off the air.
Talk about that a little bit later on. Rich Demorrow
shows up at eleven just as I am the show,
and then Nil Sebadri at two o'clock with a fork
report eight hundred five two zero one five I have
(17:00):
three four. This is handle on the law Marginal Legal Advice.
Speaker 2 (17:06):
Elaine. Hello, Elayne, welcome.
Speaker 7 (17:10):
Hello, Thank you for taking my call here. Sure, yes,
I am wondering. I have a rental agreement that I
signed and my leftar did not sign. It's a vacation
rental and she wants to keep a fifteen hundred dollars deposit.
(17:36):
That she does she did state in our original agreements
with her.
Speaker 8 (17:44):
Me just say this.
Speaker 7 (17:45):
We rented from her for three years and on this
fourth year rental, she sent a short term.
Speaker 4 (17:58):
A you call it a.
Speaker 7 (18:02):
Short term rental agreement.
Speaker 4 (18:04):
Okay.
Speaker 7 (18:05):
Mental agreement does not state that she can keep the
fifteen hundred dollars deposit.
Speaker 2 (18:13):
So what's your question?
Speaker 7 (18:14):
Agreement she did say she could, Okay, what's your question?
So wondering if I have any you know, if she ran.
Speaker 2 (18:22):
Yeah, she owes you fifteen hundred dollars.
Speaker 1 (18:24):
You don't have a written agreement at all, and here's
fifteen and written agreements have to be written. Well, they
have to have a writing in terms of real estate,
and so you can just move in and there is
a tendency. But she's holding on fifteen hundred dollars of
your money, which somehow you gave to her. But there's
no agreement. She didn't sign any agreement. So yeah, you're
(18:48):
owed fifteen hundred dollars.
Speaker 2 (18:51):
That simple.
Speaker 7 (18:51):
She didn't sign an idea, but it was okay.
Speaker 1 (18:53):
It doesn't matter, it's not both parties have to sign
the agreement. Yeah, she owes you fifteen she owes you
fifteen hundred bucks.
Speaker 2 (19:00):
It's just that simple. Mike, hell a, Mike, Yeah, Bill.
Speaker 4 (19:07):
I got an easy one for you. I hope.
Speaker 9 (19:11):
You've got me thinking when you said something about I can.
Speaker 4 (19:14):
Put a lien on your house.
Speaker 2 (19:15):
Yeah, I could whatever easily.
Speaker 5 (19:18):
I'm not going to tell you where I live.
Speaker 4 (19:21):
What's the Don't you have to have a judgment? No, No, you.
Speaker 2 (19:27):
Do not have to have Nope, you don't have to
have a judgment.
Speaker 1 (19:30):
Now you have you should have a reason for putting
a lien on a property.
Speaker 2 (19:35):
Uh, there's no question about that.
Speaker 1 (19:38):
And if you frivolously put a lien on a piece
of property, there are all kinds of ramifications consequences for that.
But actually filing a lean, that's a pretty simple process. Literally,
I pull the paperwork, I lean the property and for
whatever reason you owe me money, I just say something
and to file a lean.
Speaker 2 (19:58):
Now do people do that all the time.
Speaker 1 (20:01):
No, because the consequences are pretty severe, the sanctions.
Speaker 2 (20:05):
Uh, And it just begins.
Speaker 1 (20:07):
With attorney's fees for the other side. So uh, I
I but I could, I could. I would be nailed
for it, but I could.
Speaker 2 (20:18):
I don't think it matters. I don't think it matters, Mike.
Speaker 1 (20:21):
Filing a lean against the property is not something that
you do frivolously.
Speaker 2 (20:26):
Now, depending on the state you have to Yeah, yeah,
I think I think so. Well, you know, I don't
even know if you do.
Speaker 1 (20:34):
Uh. Now again that's if you do, that's another violation.
But it doesn't even matter sending you a note, if
they file a lean, you're going to go and make
a motion to get rid of it anyway.
Speaker 2 (20:44):
Uh, and you're going to ask for all kinds of sanctions.
But yeah, I can file a lean. Anybody can.
Speaker 1 (20:52):
Yeah, yeah, someone files a lean, you got you've got
to get rid of someone files a lean.
Speaker 2 (20:55):
You got to get rid of it unless you can
argue it's a fraudulent lean. And then yeah, it's a county.
Speaker 1 (21:02):
It's county. And then you can argue. And I don't
know how county. Different counties do it differently, and some
you have to state.
Speaker 2 (21:09):
A reason for it.
Speaker 1 (21:10):
And let's say it's a based on a judgment. We
want to see the judgment. We want some proof that
the lien is valid. I don't know which counties do what.
And you live back east so or the property is
back east so I have no idea, but.
Speaker 4 (21:25):
Yeah, it's here in California. I just want to see.
Speaker 2 (21:28):
Yeah, it's easy to file lean. It is easy to
file a lean. Unfortunately. Leo, Hi, Leo. Welcome to handle
on the law.
Speaker 9 (21:39):
Thank you, Bill. I had an altercation with a lady
at a local neighborhood Walmart. Basically she was, you know,
parked in the red zone on a corner nase spot
and put it on our makeup. So I lean out
take a picture and just go find a parking speech.
She pulls up says that what are you taking my
picture for? You start crying all this red pill stuff
(22:01):
like stranger danger, somebody call the police, I don't have
a phone, help, and all this stuff, you know, basic
accusing me of whatever. Anyway, that's slander. I know that
my question is the police officer. When I went to
go to the police station to follow the police sport,
he mentately was on her side again red pill.
Speaker 2 (22:19):
She explain, red pill. I don't understand what that is.
Speaker 9 (22:23):
Oh, it's a documentary by Cassie j came out twenty
sixteen about the lack of men's rights movement in California, America,
if not California, and validated a lot of stuff that
I was going through. Basically, it was crazy, all right, Okay,
So anyway, I know I got it for slander, but
my phone's kind of iffy, and I was finding a
(22:45):
police report because that's the sort she sprayed mace at me.
It didn't get on me because I sept for my
hands and phone because the wind was going different direction.
But the video from Walmart can clearly show everything that
happened from beginning to end, and she actually went into
her trunk parked while I was still trying to, you know,
get attention on this, and she reached into her trunk
(23:09):
and pulled out some mace. I didn't know what it
was until finally her and her friend that came out,
you know, started walking away and then yelling something like
I don't have to tell you the you know.
Speaker 4 (23:18):
The color of my braw some stupid stuff like that.
Speaker 9 (23:22):
Anyway, she dug she maced me, and the police officer
didn't want to say, it's an nitary report, not a crime. Well,
isn't using mace offensively a crime?
Speaker 8 (23:34):
No?
Speaker 2 (23:34):
Yeah, yeah, it's a violation. But let me ask you something.
How do you prove it's mace?
Speaker 1 (23:42):
I was burning on my hands and I was okay,
And so it's burning on your hands.
Speaker 2 (23:46):
So you went to the doctor.
Speaker 1 (23:49):
There is a medical report that your hands are burnt
or photos were taken of your hands being read and affected. Correct,
you have all the proof in the world that was mace.
Speaker 9 (24:01):
I didn't go to about that.
Speaker 8 (24:03):
I don't.
Speaker 9 (24:03):
Well, regardless, it doesn't matter. The video show her digging
into mace.
Speaker 2 (24:09):
No it doesn't. No, no, it doesn't show her digging
into mace.
Speaker 1 (24:12):
It shows her digging in and spraying you, and she
could have been framed spraying you with a.
Speaker 2 (24:16):
Breath freshener, is what she says. Huh uh, Yeah, that
was amazing that.
Speaker 9 (24:21):
The officer's responsibility to make now I get no, not really,
an obser can decide yes or no.
Speaker 1 (24:27):
An officer can decide yes or no as to whether
to file a report.
Speaker 2 (24:32):
It's the cops.
Speaker 1 (24:33):
The cops are Yeah, the cops have complete latitude to file,
not file, go forward, ask questions, unfortunately, to.
Speaker 9 (24:41):
The chief, and talk to see see if I can
talk to another police officer, and they might.
Speaker 2 (24:45):
Yeah, they don't care. But they don't care. They don't care.
Speaker 9 (24:48):
I understand it. I understand that.
Speaker 2 (24:50):
But so what's your question?
Speaker 9 (24:52):
I get the Can I get the video through the
insign report?
Speaker 2 (24:55):
No, no you can't. No, no you can't.
Speaker 9 (25:02):
Well, then that person for the police report.
Speaker 1 (25:04):
Yeah, well there isn't a police report. It's an instant report.
And how do you know there is a video? U
And who who's going to ask?
Speaker 2 (25:12):
Are the cops? Okay, are the cops going to ask
for the video?
Speaker 9 (25:17):
They are not once they have a police report, yes.
Speaker 1 (25:20):
Okay, if they don't want to follow, then you have
the right to file a police report. Go to the
station and file a police report. You have the right
to file a police report. So go to the go
to the station and file a police report.
Speaker 9 (25:32):
I did, and this officer came on basically was on
her side at the beginning, Okay.
Speaker 2 (25:35):
And that's what happened. Okay, Okay, Then he didn't. They
don't want to give it to you.
Speaker 1 (25:40):
So then you go to court, you file emotion and
have a court order that the video be released. And
the video isn't going to help you because it doesn't
prove Jack other than she just sprayed you. And if
I were her, I'd go, that's right, Leo had such
bad breath that I sprayed him with breath freshener.
Speaker 9 (26:01):
Well, then I need some of your breath pills that.
Speaker 2 (26:04):
You that's correct?
Speaker 1 (26:05):
You probably not, By the way, how do you prove
those breath pills were in your stomach at the time, Wallo,
it's a waste of time.
Speaker 2 (26:14):
I don't even know why I dealt with this.
Speaker 1 (26:15):
I thought maybe it'd be entertaining, but no, maybe it
was a good I can pitch Zelman's breath freshener pills
maybe that's what he did. Maybe it's the Zelman's folks
who put him up to this. That would be great,
wasn't it.
Speaker 2 (26:28):
All? Right?
Speaker 1 (26:30):
Last break of the hour, and then we're gonna come
back finish it up. And then phone calls continue after
I lock out of the show. This is Handle on
the Law and this is okay, bye, don't handle here.
Speaker 2 (26:44):
Last segment of the show. And if I do not
get to.
Speaker 1 (26:46):
You and you are still on hold, not to worry
because right after the show, I will continue answering calls
off the air. And it's it's as if we're talking
as a right now. And the number is eight hundred
five to zero one five three four, eight hundred five
(27:08):
to zero one five three four, And welcome back to
Handle on the Law Marginal Legal Advice. Hello, David, Yes, yes, David.
Speaker 8 (27:23):
Nicole, Yes, hello, Hello, Yes, I'm here. We have a pension.
I worked for about thirty years and we have a
four to one K and we'd like to divide the
money as a married couple if we can. If we can't,
then we'll have to do the divorce, that's the question.
(27:44):
And how do we divide it out of those thirty
years we were married for about fifteen years.
Speaker 1 (27:52):
Okay, Well the marriage part really doesn't matter. The argument's
going to be how long were you together.
Speaker 2 (28:01):
Over the course of your relationship.
Speaker 8 (28:06):
We were together four or four years before, so that.
Speaker 2 (28:11):
Means okay, So and then you were married and you
were married for how long?
Speaker 8 (28:15):
Fifteen years?
Speaker 1 (28:16):
Okay, so you've got nineteen years of a relationship. I'm
assuming you were living together. And is it a he
or is she or an it that you are married to.
It's a she?
Speaker 2 (28:29):
Okay, that's boring.
Speaker 1 (28:31):
You know, I'd much rather have a hermaphrodite or someone
else in there, but so be it. See, it's like
gender reveal parties and when they do the puff of smoke.
I've always wanted a blue and a pink. So it's
a hermaphrodite. You know, it's not quite one or the other. Anyway,
I am digressing here for a moment. So let's start
(28:52):
with whatever both of you agree to, and both of
you are represented or both were, the court sees both
of you clearly understand what the terms are. It doesn't matter.
Speaker 2 (29:05):
You can split it, not split it, you can split
it in half.
Speaker 1 (29:09):
You can Basically, she's entitled to everything that the community
has a crue during the course of the marriage. Now
you've been together for nineteen years, and how long have
you been putting money into a four oh one K plan?
Speaker 8 (29:28):
The entire thirty years?
Speaker 4 (29:29):
Did I win?
Speaker 1 (29:30):
Okay, So now nineteen of those thirty years she is
entitled to half of the value of the four to
oh one K plan or any other retirement plan, pension, whatever,
because that's the time. The rest of the time it
was separate, either after after separating or before marriage or
(29:50):
before living together. As far as the living the other
part and marriage is California, so it doesn't matter as
long as you're acting as a husband and wife. That's
the Marvin. If you look like walk like, talk like
a duck, you're a married duck.
Speaker 2 (30:03):
And so, and you split it that way.
Speaker 1 (30:06):
Now, if you've got to go to court, and let's
say you were in litigation and she's arguing for more,
you're arguing for more, then there's going to be an accounting.
They'll be in accounting that does the formula. They'll simply say, Okay,
the pension plan is worth x number of dollars over
thirty years. Seven it's seventeenth of thirty is what she's
(30:27):
entitled to half and the rest of it goes to David.
And you know, either you do it or the court
does it.
Speaker 2 (30:36):
It's that simple.
Speaker 8 (30:39):
Oh okay, so we can just go to so I
can fill out the form.
Speaker 4 (30:44):
Then it's just a math problem.
Speaker 9 (30:45):
It's nineteen Yeah, it's a math problem.
Speaker 2 (30:48):
It's yeah, it's it's a math problem.
Speaker 1 (30:50):
And the only thing is if she agrees to it,
you're fine. And if you're doing it pursuant to the law.
And I just told you what the law is. She's
entitled a half of seventeen percent that was accrued in
the pension plan. You're entitled to not only that half,
but also the rest of it. Yeah, it's exactly what
(31:12):
the court would say if you guys were fighting about it. So, yeah,
it's just a math problem. It's real easy, not a problem.
And you clearly understand the entitlement.
Speaker 2 (31:20):
Okay, I'll bet Janet hi Janet hi hi. Though, yes, ma'am.
Speaker 10 (31:30):
I a couple of months ago, well, actually in November,
I had my whole health filtration system replaced because the
old one had stopped functioning. And when the salesman came
out of the convinced me it was a great deal
and a good system, which I believe you also believe
it's a good system. And when they replaced it, within
(31:53):
two weeks, my two fully mature fruit bearing trees died.
Speaker 2 (31:57):
Ooh.
Speaker 10 (31:57):
And I called them and they said, oh, well that
shouldn't happen. I don't think you know, we don't let
the water go into the big planter box that I had,
the treason.
Speaker 7 (32:10):
And I said, well.
Speaker 10 (32:11):
The salesman told me they would, and he said, well,
we'll send somebody out. So they send somebody out and
they said, oh no, it goes into the drain, so
it's it's not us. And I said, yes, I didn't
think it was necessarily your system. But when you replace
the old system, which you had agreed to do, I
believe that you probably knocked it over and the.
Speaker 7 (32:28):
Salt at what was all right?
Speaker 2 (32:32):
Fair enough? All right?
Speaker 10 (32:34):
I've been emailing them and calling them and now they say, sorry,
not us, not mine.
Speaker 1 (32:39):
All right, So let me ask you a question. Okay, uh,
is this a company that I endorse?
Speaker 4 (32:45):
Yes? It is?
Speaker 2 (32:46):
Okay? With that, send me an email because I know
these people.
Speaker 1 (32:50):
So something's going on that either you're not aware of
I'm not aware of or they're not aware of. And
when I endorse a I'm really serious about it.
Speaker 2 (33:03):
So believe me, there's.
Speaker 7 (33:04):
That's part of why I went with.
Speaker 1 (33:06):
That, and I understand that, and I will make sure
that a matter of fact, let me put you on
hold for a moment, and Richie if you're listening, uh
you hold on Janet, Richie if you're listening, or Sam,
can you make sure that we get Janet's phone number
and information because I've got to follow up on that
(33:26):
because I take.
Speaker 2 (33:27):
My endorsements no, no, no, no no.
Speaker 1 (33:29):
If there is a problem, and it's always the case,
if there is a problem, I take care of it.
Speaker 2 (33:34):
Now.
Speaker 1 (33:34):
The good news is this seems very aberrational because one
of the things I check on or are these guys
do they follow up? So something's going on where there
may be somebody who is not doing something appropriate or
it's somehow you know, slipped through the cracks.
Speaker 2 (33:52):
But I'm going to follow up. Believe me, I'm going
to make sure this happens.
Speaker 4 (33:55):
Okay, thank you, thank you, Okay.
Speaker 2 (33:58):
No problem, no problem.
Speaker 1 (33:59):
So I'm gonna put you on hold, Sam if you
can deal with that, or Gee that I just.
Speaker 2 (34:05):
Hang up on her. Well, well she's still there.
Speaker 1 (34:10):
Good. Okay, you know what. Let me tell you a
little bit about Zelman's will end up. But it's another
company that I endorse and I'm very proud to do
it because I've known the people that Zelmans for thirty years.
And Zelmans is about your breath, fresh clean breath for
hours because it's a little capsule that has a strong
(34:32):
minty coating that you suck on the mint and then
you swallow the parsley seed oil or bite into the
little capsules so the fresh breath part in your mouth
works with the mint and that's for hours. Well when
you swallow or bite into the capsule, the parsley seed
oil works in your gut where your breath continues for hours,
(34:52):
feeling fresh and clean and you smell good.
Speaker 2 (34:54):
I mean that's Zelmans. And here is what Zelmans has
just done.
Speaker 1 (34:58):
They've introduced a new Spearman flavor and want you to
try it. And the way you get this is you
go to zelbans dot com slash handle, you order a
three pack and you will get a free peppermint no
excuse me, free spearmint flavor Zelmans for well nothing.
Speaker 2 (35:20):
So the regular pack.
Speaker 1 (35:21):
Is your normal peppermint and now you get a free
spearmint if you order a three pack. By the way,
the offer ends today today is it?
Speaker 2 (35:30):
You're done? Finished? And it ends at midnight.
Speaker 1 (35:33):
Go to Zelmans dot com, slash kfi, z E L M,
I n S dot com, slash kfi, Zelmans dot com
slash kfi. And as I told you earlier, I am
continuing to take phone calls off the air, and I
will and I'm obviously there are no brakes or traffic
(35:55):
or commercials or anything, so I go through them very quickly,
and there's no patience on my part, as you know.
So you can pick up the phone right now, and
if you're on the if you're on the phone, just
stay put, don't worry about it. I'm going to pick
you up in just a few minutes, and if you're not,
you can still call in for the next thirty forty minutes.
The number is eight hundred five two zero one five
three four eight hundred five two zero one five three four.
(36:20):
This is Handle on the Law.
Speaker 2 (36:24):
You've been listening to the Bill Handle Show.
Speaker 1 (36:26):
Catch My Show Monday through Friday six am to nine
am and anytime on demand on the iHeartRadio app.
You're listenings KFI AM six forty the Bill Handles show
on demand on the iHeartRadio five. Handle here on a
Saturday morning with the Legal Show, and the phone number
is since it is the top of the hour and
we've been pretty good today, we've been pretty jammed up,
and we do have a few lines open because it
(00:22):
is the top of the hour. Eight hundred five two
zero one five three four. Eight hundred five two zero
one five three four. That's the number to call. And
at the at the end of the show an hour
for now, I'll still answer phone calls at off the.
Speaker 2 (00:41):
Air and I'll explain all that to you a little
bit later on.
Speaker 1 (00:43):
So let me repeat eight hundred five two zero one
five three four and you will get in fairly quickly.
Now this is Handle on the Law, marginal legal advice,
where I tell you you have absolutely no case ex
think case that went up to the Supreme Court which
the court did not hear. And here's what happens when
(01:09):
you go up in front of the Supreme Court, and
that is they can do a bunch of things.
Speaker 2 (01:14):
One of them is decide to hear the case and
then set up arguments.
Speaker 1 (01:17):
And there the argument on both sides is made and
the court then will make a decision later on, usually
months later.
Speaker 2 (01:26):
It's by the end of June the court is over,
so we're pretty close to.
Speaker 1 (01:30):
Getting final decisions. Last week is when the big booms
come by, and then it opens up in October and
usually by the questioning, you know which way the court's
going to go. When you have the judges ask questions
in a certain way, you kind of know where they're leaning.
Speaker 2 (01:44):
So that's one thing. They agree to hear the case.
Speaker 1 (01:47):
Number two, they don't agree to hear the case now,
we don't want to hear it. Keep in mind, the
court hears about eighty cases a year. Five thousand are
applied for five thousand cases submitted to the Supreme Court,
of which they hear about eighty of them. So they
deny the vast majority of the cases. They say, we
(02:07):
don't want to hear it, which means that the Appeals
Court decision under them stands effectively what they're saying. You know,
what the appeals court says is the last word, we
don't want to hear it, goodbye, and that is granting
or not granting cerciori. That's the term if the court
grant cerciori. That means they're going to hear it. And
(02:28):
if they don't grant serciori, they don't want.
Speaker 2 (02:30):
To hear it.
Speaker 1 (02:31):
So in this case kind of an interesting one that
this past week the court declined decline cerciary to hear
an Apache tribe religious challenge to the construction of a
copper mind in Arizona. This was federal land that the
Apache Tribe said, this is sacred to us, it is irreplaceable,
(02:55):
this is our religion. And usually the court does says, okay,
you know, religious freedom is religious freedom and the practice
of religion.
Speaker 2 (03:05):
We're going to lean towards. This one went the other way,
actually major the other way.
Speaker 1 (03:10):
The decision leaves intact that lower court's ruling against the
tribal members. Big loss for the Apache Stronghold, a group
that has argued that that mine the construction would violate
their religious rights by permanently wiping out a sacred site
used for religious ceremonies, a unique sacred site, and so
(03:33):
the decision allows the US Forest Service to move forward.
This again force federal land to move forward with plans
to issue a final environmental impact report. Here a last
round of public comment before issuing a decision on transferring
the land to Resolution Copper, a joint venture by a
bunch of mining companies, Rio Tinto, which is the biggest
(03:56):
copper mining company in.
Speaker 2 (03:57):
The world and BHP Group, which I've never heard of.
Speaker 1 (04:02):
And so what the court did is say we're not
going to stop it. The Court was asked to just
stop everything. Cold done, finished land can't be transferred, and
the Court refused to do that. So now it moves forward,
doesn't mean it's going to happen, because the US Fours
Service still has to issue a final environmental impact report
(04:26):
that's going to allow it or not allow it. Here
a last round of public comment before issuing their decision,
and if they decide in favor of the mining company,
then the land is transferred to Resolution Copper. And we'll
see which way the government goes on that one. But
this one a religious freedom argument saying we are harmed
(04:47):
religiously and our sacred lands are going to be affected.
The Supreme Court said, eh, not really, We really don't
care too bad, all right, In case to say the least,
let's go ahead and take a phone call here, Jerry.
You've been waiting a while. What can I do for you.
Speaker 3 (05:08):
Hello, my husband went out on workers' comp several years ago,
and I set him out. Was set aside for any
future surgery he may need. He has since retired now
and he is not going to need surgery. Are we
entitled to that?
Speaker 2 (05:26):
Stall?
Speaker 1 (05:27):
No? No, absolutely not. This is basically workers' comp said,
it's not really. I don't think the money is set aside.
They don't come up with a figure and say here
is the amount, because they have no idea how much
the surgery is gonna cost, no idea. So what what
amount of money do you set aside? Four and thirty
four dollars because he's going to need an extra bandage
(05:52):
which costs two hundred bucks because that's what they charge.
Speaker 2 (05:55):
So no, what what the decision was.
Speaker 1 (05:57):
If he needs the surgery, it is still valid years
later because they're going to view it as a result
of this injury. So he's entitled to the surgery. No,
you don't get the money.
Speaker 3 (06:10):
Even if you turn seventy, Oh.
Speaker 2 (06:12):
It doesn't matter.
Speaker 1 (06:12):
You could turn one hundred and seventy, it doesn't matter.
Speaker 2 (06:19):
Okay, even if you turn seventy wow, No, you.
Speaker 1 (06:22):
Know what, I take that back. If you do hit
one hundred and seventy. My guess is you could make
a claim and somebody will say, yeah, sure, you know
one hundred and seventy. Ah, yeah, why not, We're going
for it all right. Let me tell you about an
offer being made by Zelmans. Zelmans are these little capsules
(06:48):
that it's about your breath. It's making your breath fresh
and clean and for hours and I mean hours after that.
Speaker 2 (06:55):
And they're covered with a strong mint MINTI coding.
Speaker 1 (06:59):
And then what you do is you suck on the
mint part and when that disappears, you swallow or you
bite into the capsule and it goes into your gut
and gets to work there where bad breath can start
does start stay there.
Speaker 2 (07:11):
No mint in the world deals with that.
Speaker 1 (07:13):
So Zelmans has this strong minty coding and they just
introduced their new Spearman flavor of Zelmans and they'd like
you to try it. And so here is their offer,
which ends today.
Speaker 2 (07:26):
It ends at midnight tonight.
Speaker 1 (07:29):
So if you want a free pack of Spearman Flavor Zelman's.
Speaker 2 (07:33):
Here's what you do.
Speaker 1 (07:34):
You buy a three pack, which which the vast majority
of people do. So you order a three pack and
you will get a new pack of the Spearmant Flavor
absolutely free. So go to Zelmans dot com, z E
L M I n S. Zelmans dot com slash Kfi,
(07:58):
Zelmans dot com slash Kfi.
Speaker 2 (08:01):
Offer ends today.
Speaker 1 (08:03):
Zelmans dot Com slash Kfi.
Speaker 2 (08:07):
This is handle on the law Kfi.
Speaker 1 (08:11):
Handle here on a Saturday morning, right up until eleven o'clock.
And I'll continue taking phone calls off the air for
about forty five minutes, give or take, and so you'll
be still able to take well.
Speaker 2 (08:25):
I'll still be able to give you advice. Coming up
at eleven o'clock.
Speaker 1 (08:27):
Rich Demurrow is here with the Tech Show, and from
two to five Neil Savedra with the Fork Report. My
friend Neil been working with Neil for almost thirty years
and it's all things food and he is a foody
extraordinary And this afternoon from two to five, phone number
eight hundred five two zero one five three four.
Speaker 2 (08:50):
It's eight hundred five two zero one five three four.
This is handle on the law Welcome back, where I
give you marginal legal add vice.
Speaker 1 (09:04):
Uh. Donald, Hello Donald, Hello, Yes.
Speaker 4 (09:10):
Yes, I have a quick question. Bill, I have a case. Uh.
And it was up to the entry of default on
an accident hit and run where there was injuries and
my car was total and the clerk elected to not
do the entry so it can go before the judge
for a judgment, a court judgment on the grounds that
a statement of damages was not included, which should not
(09:35):
have been included with the original documents. So she sent
it back and then I refiled. Then she sent it
back again and saying that there was no proof of service,
which I had the marshal to serve the defendant. Then
she made it, then she did. I reapplied, then I
sent it back in, brought it back in. Then she
gave me a courtesy call saying that she was not
(09:55):
going to do the injury of default.
Speaker 2 (09:58):
And so I said, you give you away. You give
you a reason that third time when she called you.
Speaker 5 (10:02):
The third time was that the defendant had filed an
answer thirty days late. That means sixty days total for
the filing, but it was thirty days beyond the thirty
days allowed by the court.
Speaker 2 (10:15):
Wow.
Speaker 1 (10:16):
Yeah, so obviously the clerk, the clerk does not like
you at all.
Speaker 2 (10:22):
Uh.
Speaker 6 (10:24):
I follow a complaint and we have a court hearing
for for anything going on beyond the default entry, and
I went and talked to her supervisor.
Speaker 4 (10:34):
I spoke to the.
Speaker 5 (10:36):
Guy downtown and they all kind of like got quiet
on me.
Speaker 4 (10:39):
But I'm following an official complaint, right right.
Speaker 2 (10:43):
Okay, here's what's going to happen. You've got to show up.
Speaker 1 (10:45):
There's a date and you've got to show up to okay,
and you're going to argue with the judge. You're going
to bring the proof that the default should have been
entered and the clerk did this to you. And here
is the proof saying, for example, that there was no
proper service, your honor.
Speaker 2 (11:06):
Here's the marshall service right here in front of you.
Speaker 1 (11:11):
And what you're going to do is uh ask the
judge to grant the default right there. Now you've got
to prepare the case and case the judge says no.
Speaker 2 (11:23):
So you and I got all these and that's fine
for me. Then that's what you do. So one of
the two things is going to happen. Go ahead.
Speaker 5 (11:33):
The The problem is, I'm looking for money. I'm gonna
go for Vietnam better thirty nine years in the military.
Speaker 2 (11:39):
What are you looking for?
Speaker 5 (11:40):
And I'm looking for this woman not to do the
same thing again.
Speaker 2 (11:46):
The judge is not gonna order that. Yeah, that's not
gonna happen. Donald.
Speaker 1 (11:49):
All they're gonna hear is all they're gonna hear is
your your CA Okay.
Speaker 5 (11:54):
The bottom line is I got the assassination of PTSD
that I managed to manage.
Speaker 1 (11:59):
Then then why aren't you then why aren't you filing
a complaint for damages?
Speaker 4 (12:05):
I am following a complaint.
Speaker 1 (12:06):
Yeah, but you say you don't want anything. What are
your damages? What are your damages?
Speaker 5 (12:12):
My business was told total I had twenty thousand dollars
with the bills including medical care.
Speaker 2 (12:18):
Okay, that's those are your damages.
Speaker 1 (12:20):
So when you say you're not looking for money, you're
looking for money?
Speaker 4 (12:25):
Not really?
Speaker 1 (12:26):
No, then drop then If you're not looking for money
and the court will not order this woman not to
do this again, why are you bothering?
Speaker 4 (12:38):
The fact is I'm very disappointed.
Speaker 1 (12:42):
No, I understand, and I would be disappointed also based
on what you said, Donald, you got screwed by this
court clerk.
Speaker 2 (12:49):
You got screwed.
Speaker 1 (12:50):
But let's assume that you didn't get screwed and you
get your judgment.
Speaker 2 (12:55):
All you're going to do is get your judgment for
twenty thousand dollars. That's it.
Speaker 1 (12:59):
The court's not gonna say and don't ever do this
again to the other side.
Speaker 2 (13:03):
They don't do that.
Speaker 1 (13:04):
Now, there can be there can be someone who files
for an order for the court to make that, but
that is totally separate, and that is someone who in
fact has been damaged by that. You your damages are
your twenty thousand dollars.
Speaker 2 (13:22):
Now, can you file a separate motion to have the court?
Speaker 1 (13:25):
Let mean what it's very specific as to what the
court's order on basically a restraining order. But your damages
are twenty thousand dollars. So if you have it, you
go forward.
Speaker 2 (13:38):
That's it.
Speaker 5 (13:38):
But more than that, I lost, I lost eighty eighty
thousand dollars on a business that I paid for.
Speaker 4 (13:43):
Okay, you please that.
Speaker 1 (13:44):
Okay, Then that's another eighty thousand dollars of damages you're
asking for, Okay, Okay, So you just that, you add
up all the damages you go to court and for
and you first argue for the default. And I think
based on what you said, the judge's going to give
it to you and is going to the other side.
Speaker 2 (14:00):
You're done. The default has been answered.
Speaker 1 (14:04):
It's been a pleasure, go get a sandwich because you're
out of here. So your default would stay if you.
Speaker 4 (14:08):
Got my phone number, you got my phone number, GI me.
Speaker 2 (14:11):
A bill, yeah I wish.
Speaker 1 (14:14):
Unfortunately, unfortunately the bill isn't going to fly.
Speaker 2 (14:18):
I've tried that before and everybody, but.
Speaker 5 (14:22):
You shit a different light.
Speaker 2 (14:24):
Okay, all right, fair enough.
Speaker 1 (14:25):
Well I'm glad I gave you a different light because
sometimes you know, the law is not that easy. It
really isn't. It gets pretty sloppy sometimes not in this case.
I mean, hey, I've been damaged to one hundred and
twenty thousand dollars, but I'm not interested in the money.
I want the court to say to her, don't ever
do that again. It ain't gonna happen. So, you know,
ask for one hundred and twenty where in this case,
(14:46):
ask for the default. Now, let me talk about your
business for a minute.
Speaker 2 (14:50):
Today. It's crazy to do business. I mean completely insane.
Speaker 1 (14:54):
I mean every day the tariffs are changing, the market
is changing.
Speaker 2 (14:59):
One of the businesses I have.
Speaker 1 (15:00):
While I have one business or two businesses, now I
have a partnership and we bring in cookwear stainless steel
cooker from China.
Speaker 2 (15:09):
If you can believe that. Can you imagine how crazy
it is in these days.
Speaker 1 (15:14):
So what we do, my partner and I is we
just figure out wear manufacturing distribution and we really don't
have time to deal with the.
Speaker 2 (15:24):
Administrative part of this stuff.
Speaker 1 (15:26):
And AI is so important across the board, and if
you're not using AI, you're probably losing money, productivity, a
competitive edge.
Speaker 2 (15:35):
So let me tell you about net Suite.
Speaker 1 (15:36):
Net Suite is the number one cloud business management system.
Speaker 2 (15:40):
Here's what it does.
Speaker 1 (15:41):
It makes your business more efficient, easier, faster. It brings
accounting and financial management, inventory which we do, and HR
which we have to do into one efficient business suite.
Does it make sense you bet? How do you know
if it's going to work for you? Well, download the
free CFOs guide A to AI and man Machine leun
(16:05):
learning and it's absolutely free. So you look at whether
NetSuite can help your business, and I'm willing to bet
it has. Forty one thousand businesses so far are on
board with NetSuite. So go to NetSuite dot com slash handle,
net suite sweet as an office suitees NetSuite dot com
(16:25):
slash handle.
Speaker 2 (16:26):
This is handle on the law. You're listening to Bill
handle on demand from KFI AM six forty. Welcome back
bill handle here.
Speaker 1 (16:39):
It's another half hour ago till the end of the show,
and I will continue with phone calls off the air.
Talk about that a little bit later on. Rich Demorrow
shows up at eleven just as I am the show,
and then Nil Sebadri at two o'clock with a fork
report eight hundred five two zero one five I have
(17:00):
three four. This is handle on the law Marginal Legal Advice.
Speaker 2 (17:06):
Elaine. Hello, Elayne, welcome.
Speaker 7 (17:10):
Hello, Thank you for taking my call here. Sure, yes,
I am wondering. I have a rental agreement that I
signed and my leftar did not sign. It's a vacation
rental and she wants to keep a fifteen hundred dollars deposit.
(17:36):
That she does she did state in our original agreements
with her.
Speaker 8 (17:44):
Me just say this.
Speaker 7 (17:45):
We rented from her for three years and on this
fourth year rental, she sent a short term.
Speaker 4 (17:58):
A you call it a.
Speaker 7 (18:02):
Short term rental agreement.
Speaker 4 (18:04):
Okay.
Speaker 7 (18:05):
Mental agreement does not state that she can keep the
fifteen hundred dollars deposit.
Speaker 2 (18:13):
So what's your question?
Speaker 7 (18:14):
Agreement she did say she could, Okay, what's your question?
So wondering if I have any you know, if she ran.
Speaker 2 (18:22):
Yeah, she owes you fifteen hundred dollars.
Speaker 1 (18:24):
You don't have a written agreement at all, and here's
fifteen and written agreements have to be written. Well, they
have to have a writing in terms of real estate,
and so you can just move in and there is
a tendency. But she's holding on fifteen hundred dollars of
your money, which somehow you gave to her. But there's
no agreement. She didn't sign any agreement. So yeah, you're
(18:48):
owed fifteen hundred dollars.
Speaker 2 (18:51):
That simple.
Speaker 7 (18:51):
She didn't sign an idea, but it was okay.
Speaker 1 (18:53):
It doesn't matter, it's not both parties have to sign
the agreement. Yeah, she owes you fifteen she owes you
fifteen hundred bucks.
Speaker 2 (19:00):
It's just that simple. Mike, hell a, Mike, Yeah, Bill.
Speaker 4 (19:07):
I got an easy one for you. I hope.
Speaker 9 (19:11):
You've got me thinking when you said something about I can.
Speaker 4 (19:14):
Put a lien on your house.
Speaker 2 (19:15):
Yeah, I could whatever easily.
Speaker 5 (19:18):
I'm not going to tell you where I live.
Speaker 4 (19:21):
What's the Don't you have to have a judgment? No, No, you.
Speaker 2 (19:27):
Do not have to have Nope, you don't have to
have a judgment.
Speaker 1 (19:30):
Now you have you should have a reason for putting
a lien on a property.
Speaker 2 (19:35):
Uh, there's no question about that.
Speaker 1 (19:38):
And if you frivolously put a lien on a piece
of property, there are all kinds of ramifications consequences for that.
But actually filing a lean, that's a pretty simple process. Literally,
I pull the paperwork, I lean the property and for
whatever reason you owe me money, I just say something
and to file a lean.
Speaker 2 (19:58):
Now do people do that all the time.
Speaker 1 (20:01):
No, because the consequences are pretty severe, the sanctions.
Speaker 2 (20:05):
Uh, And it just begins.
Speaker 1 (20:07):
With attorney's fees for the other side. So uh, I
I but I could, I could. I would be nailed
for it, but I could.
Speaker 2 (20:18):
I don't think it matters. I don't think it matters, Mike.
Speaker 1 (20:21):
Filing a lean against the property is not something that
you do frivolously.
Speaker 2 (20:26):
Now, depending on the state you have to Yeah, yeah,
I think I think so. Well, you know, I don't
even know if you do.
Speaker 1 (20:34):
Uh. Now again that's if you do, that's another violation.
But it doesn't even matter sending you a note, if
they file a lean, you're going to go and make
a motion to get rid of it anyway.
Speaker 2 (20:44):
Uh, and you're going to ask for all kinds of sanctions.
But yeah, I can file a lean. Anybody can.
Speaker 1 (20:52):
Yeah, yeah, someone files a lean, you got you've got
to get rid of someone files a lean.
Speaker 2 (20:55):
You got to get rid of it unless you can
argue it's a fraudulent lean. And then yeah, it's a county.
Speaker 1 (21:02):
It's county. And then you can argue. And I don't
know how county. Different counties do it differently, and some
you have to state.
Speaker 2 (21:09):
A reason for it.
Speaker 1 (21:10):
And let's say it's a based on a judgment. We
want to see the judgment. We want some proof that
the lien is valid. I don't know which counties do what.
And you live back east so or the property is
back east so I have no idea, but.
Speaker 4 (21:25):
Yeah, it's here in California. I just want to see.
Speaker 2 (21:28):
Yeah, it's easy to file lean. It is easy to
file a lean. Unfortunately. Leo, Hi, Leo. Welcome to handle
on the law.
Speaker 9 (21:39):
Thank you, Bill. I had an altercation with a lady
at a local neighborhood Walmart. Basically she was, you know,
parked in the red zone on a corner nase spot
and put it on our makeup. So I lean out
take a picture and just go find a parking speech.
She pulls up says that what are you taking my
picture for? You start crying all this red pill stuff
(22:01):
like stranger danger, somebody call the police, I don't have
a phone, help, and all this stuff, you know, basic
accusing me of whatever. Anyway, that's slander. I know that
my question is the police officer. When I went to
go to the police station to follow the police sport,
he mentately was on her side again red pill.
Speaker 2 (22:19):
She explain, red pill. I don't understand what that is.
Speaker 9 (22:23):
Oh, it's a documentary by Cassie j came out twenty
sixteen about the lack of men's rights movement in California, America,
if not California, and validated a lot of stuff that
I was going through. Basically, it was crazy, all right, Okay,
So anyway, I know I got it for slander, but
my phone's kind of iffy, and I was finding a
(22:45):
police report because that's the sort she sprayed mace at me.
It didn't get on me because I sept for my
hands and phone because the wind was going different direction.
But the video from Walmart can clearly show everything that
happened from beginning to end, and she actually went into
her trunk parked while I was still trying to, you know,
get attention on this, and she reached into her trunk
(23:09):
and pulled out some mace. I didn't know what it
was until finally her and her friend that came out,
you know, started walking away and then yelling something like
I don't have to tell you the you know.
Speaker 4 (23:18):
The color of my braw some stupid stuff like that.
Speaker 9 (23:22):
Anyway, she dug she maced me, and the police officer
didn't want to say, it's an nitary report, not a crime. Well,
isn't using mace offensively a crime?
Speaker 8 (23:34):
No?
Speaker 2 (23:34):
Yeah, yeah, it's a violation. But let me ask you something.
How do you prove it's mace?
Speaker 1 (23:42):
I was burning on my hands and I was okay,
And so it's burning on your hands.
Speaker 2 (23:46):
So you went to the doctor.
Speaker 1 (23:49):
There is a medical report that your hands are burnt
or photos were taken of your hands being read and affected. Correct,
you have all the proof in the world that was mace.
Speaker 9 (24:01):
I didn't go to about that.
Speaker 8 (24:03):
I don't.
Speaker 9 (24:03):
Well, regardless, it doesn't matter. The video show her digging
into mace.
Speaker 2 (24:09):
No it doesn't. No, no, it doesn't show her digging
into mace.
Speaker 1 (24:12):
It shows her digging in and spraying you, and she
could have been framed spraying you with a.
Speaker 2 (24:16):
Breath freshener, is what she says. Huh uh, Yeah, that
was amazing that.
Speaker 9 (24:21):
The officer's responsibility to make now I get no, not really,
an obser can decide yes or no.
Speaker 1 (24:27):
An officer can decide yes or no as to whether
to file a report.
Speaker 2 (24:32):
It's the cops.
Speaker 1 (24:33):
The cops are Yeah, the cops have complete latitude to file,
not file, go forward, ask questions, unfortunately, to.
Speaker 9 (24:41):
The chief, and talk to see see if I can
talk to another police officer, and they might.
Speaker 2 (24:45):
Yeah, they don't care. But they don't care. They don't care.
Speaker 9 (24:48):
I understand it. I understand that.
Speaker 2 (24:50):
But so what's your question?
Speaker 9 (24:52):
I get the Can I get the video through the
insign report?
Speaker 2 (24:55):
No, no you can't. No, no you can't.
Speaker 9 (25:02):
Well, then that person for the police report.
Speaker 1 (25:04):
Yeah, well there isn't a police report. It's an instant report.
And how do you know there is a video? U
And who who's going to ask?
Speaker 2 (25:12):
Are the cops? Okay, are the cops going to ask
for the video?
Speaker 9 (25:17):
They are not once they have a police report, yes.
Speaker 1 (25:20):
Okay, if they don't want to follow, then you have
the right to file a police report. Go to the
station and file a police report. You have the right
to file a police report. So go to the go
to the station and file a police report.
Speaker 9 (25:32):
I did, and this officer came on basically was on
her side at the beginning, Okay.
Speaker 2 (25:35):
And that's what happened. Okay, Okay, Then he didn't. They
don't want to give it to you.
Speaker 1 (25:40):
So then you go to court, you file emotion and
have a court order that the video be released. And
the video isn't going to help you because it doesn't
prove Jack other than she just sprayed you. And if
I were her, I'd go, that's right, Leo had such
bad breath that I sprayed him with breath freshener.
Speaker 9 (26:01):
Well, then I need some of your breath pills that.
Speaker 2 (26:04):
You that's correct?
Speaker 1 (26:05):
You probably not, By the way, how do you prove
those breath pills were in your stomach at the time, Wallo,
it's a waste of time.
Speaker 2 (26:14):
I don't even know why I dealt with this.
Speaker 1 (26:15):
I thought maybe it'd be entertaining, but no, maybe it
was a good I can pitch Zelman's breath freshener pills
maybe that's what he did. Maybe it's the Zelman's folks
who put him up to this. That would be great,
wasn't it.
Speaker 2 (26:28):
All? Right?
Speaker 1 (26:30):
Last break of the hour, and then we're gonna come
back finish it up. And then phone calls continue after
I lock out of the show. This is Handle on
the Law and this is okay, bye, don't handle here.
Speaker 2 (26:44):
Last segment of the show. And if I do not
get to.
Speaker 1 (26:46):
You and you are still on hold, not to worry
because right after the show, I will continue answering calls
off the air. And it's it's as if we're talking
as a right now. And the number is eight hundred
five to zero one five three four, eight hundred five
(27:08):
to zero one five three four, And welcome back to
Handle on the Law Marginal Legal Advice. Hello, David, Yes, yes, David.
Speaker 8 (27:23):
Nicole, Yes, hello, Hello, Yes, I'm here. We have a pension.
I worked for about thirty years and we have a
four to one K and we'd like to divide the
money as a married couple if we can. If we can't,
then we'll have to do the divorce, that's the question.
(27:44):
And how do we divide it out of those thirty
years we were married for about fifteen years.
Speaker 1 (27:52):
Okay, Well the marriage part really doesn't matter. The argument's
going to be how long were you together.
Speaker 2 (28:01):
Over the course of your relationship.
Speaker 8 (28:06):
We were together four or four years before, so that.
Speaker 2 (28:11):
Means okay, So and then you were married and you
were married for how long?
Speaker 8 (28:15):
Fifteen years?
Speaker 1 (28:16):
Okay, so you've got nineteen years of a relationship. I'm
assuming you were living together. And is it a he
or is she or an it that you are married to.
It's a she?
Speaker 2 (28:29):
Okay, that's boring.
Speaker 1 (28:31):
You know, I'd much rather have a hermaphrodite or someone
else in there, but so be it. See, it's like
gender reveal parties and when they do the puff of smoke.
I've always wanted a blue and a pink. So it's
a hermaphrodite. You know, it's not quite one or the other. Anyway,
I am digressing here for a moment. So let's start
(28:52):
with whatever both of you agree to, and both of
you are represented or both were, the court sees both
of you clearly understand what the terms are. It doesn't matter.
Speaker 2 (29:05):
You can split it, not split it, you can split
it in half.
Speaker 1 (29:09):
You can Basically, she's entitled to everything that the community
has a crue during the course of the marriage. Now
you've been together for nineteen years, and how long have
you been putting money into a four oh one K plan?
Speaker 8 (29:28):
The entire thirty years?
Speaker 4 (29:29):
Did I win?
Speaker 1 (29:30):
Okay, So now nineteen of those thirty years she is
entitled to half of the value of the four to
oh one K plan or any other retirement plan, pension, whatever,
because that's the time. The rest of the time it
was separate, either after after separating or before marriage or
(29:50):
before living together. As far as the living the other
part and marriage is California, so it doesn't matter as
long as you're acting as a husband and wife. That's
the Marvin. If you look like walk like, talk like
a duck, you're a married duck.
Speaker 2 (30:03):
And so, and you split it that way.
Speaker 1 (30:06):
Now, if you've got to go to court, and let's
say you were in litigation and she's arguing for more,
you're arguing for more, then there's going to be an accounting.
They'll be in accounting that does the formula. They'll simply say, Okay,
the pension plan is worth x number of dollars over
thirty years. Seven it's seventeenth of thirty is what she's
(30:27):
entitled to half and the rest of it goes to David.
And you know, either you do it or the court
does it.
Speaker 2 (30:36):
It's that simple.
Speaker 8 (30:39):
Oh okay, so we can just go to so I
can fill out the form.
Speaker 4 (30:44):
Then it's just a math problem.
Speaker 9 (30:45):
It's nineteen Yeah, it's a math problem.
Speaker 2 (30:48):
It's yeah, it's it's a math problem.
Speaker 1 (30:50):
And the only thing is if she agrees to it,
you're fine. And if you're doing it pursuant to the law.
And I just told you what the law is. She's
entitled a half of seventeen percent that was accrued in
the pension plan. You're entitled to not only that half,
but also the rest of it. Yeah, it's exactly what
(31:12):
the court would say if you guys were fighting about it. So, yeah,
it's just a math problem. It's real easy, not a problem.
And you clearly understand the entitlement.
Speaker 2 (31:20):
Okay, I'll bet Janet hi Janet hi hi. Though, yes, ma'am.
Speaker 10 (31:30):
I a couple of months ago, well, actually in November,
I had my whole health filtration system replaced because the
old one had stopped functioning. And when the salesman came
out of the convinced me it was a great deal
and a good system, which I believe you also believe
it's a good system. And when they replaced it, within
(31:53):
two weeks, my two fully mature fruit bearing trees died.
Speaker 2 (31:57):
Ooh.
Speaker 10 (31:57):
And I called them and they said, oh, well that
shouldn't happen. I don't think you know, we don't let
the water go into the big planter box that I had,
the treason.
Speaker 7 (32:10):
And I said, well.
Speaker 10 (32:11):
The salesman told me they would, and he said, well,
we'll send somebody out. So they send somebody out and
they said, oh no, it goes into the drain, so
it's it's not us. And I said, yes, I didn't
think it was necessarily your system. But when you replace
the old system, which you had agreed to do, I
believe that you probably knocked it over and the.
Speaker 7 (32:28):
Salt at what was all right?
Speaker 2 (32:32):
Fair enough? All right?
Speaker 10 (32:34):
I've been emailing them and calling them and now they say, sorry,
not us, not mine.
Speaker 1 (32:39):
All right, So let me ask you a question. Okay, uh,
is this a company that I endorse?
Speaker 4 (32:45):
Yes? It is?
Speaker 2 (32:46):
Okay? With that, send me an email because I know
these people.
Speaker 1 (32:50):
So something's going on that either you're not aware of
I'm not aware of or they're not aware of. And
when I endorse a I'm really serious about it.
Speaker 2 (33:03):
So believe me, there's.
Speaker 7 (33:04):
That's part of why I went with.
Speaker 1 (33:06):
That, and I understand that, and I will make sure
that a matter of fact, let me put you on
hold for a moment, and Richie if you're listening, uh
you hold on Janet, Richie if you're listening, or Sam,
can you make sure that we get Janet's phone number
and information because I've got to follow up on that
(33:26):
because I take.
Speaker 2 (33:27):
My endorsements no, no, no, no no.
Speaker 1 (33:29):
If there is a problem, and it's always the case,
if there is a problem, I take care of it.
Speaker 2 (33:34):
Now.
Speaker 1 (33:34):
The good news is this seems very aberrational because one
of the things I check on or are these guys
do they follow up? So something's going on where there
may be somebody who is not doing something appropriate or
it's somehow you know, slipped through the cracks.
Speaker 2 (33:52):
But I'm going to follow up. Believe me, I'm going
to make sure this happens.
Speaker 4 (33:55):
Okay, thank you, thank you, Okay.
Speaker 2 (33:58):
No problem, no problem.
Speaker 1 (33:59):
So I'm gonna put you on hold, Sam if you
can deal with that, or Gee that I just.
Speaker 2 (34:05):
Hang up on her. Well, well she's still there.
Speaker 1 (34:10):
Good. Okay, you know what. Let me tell you a
little bit about Zelman's will end up. But it's another
company that I endorse and I'm very proud to do
it because I've known the people that Zelmans for thirty years.
And Zelmans is about your breath, fresh clean breath for
hours because it's a little capsule that has a strong
(34:32):
minty coating that you suck on the mint and then
you swallow the parsley seed oil or bite into the
little capsules so the fresh breath part in your mouth
works with the mint and that's for hours. Well when
you swallow or bite into the capsule, the parsley seed
oil works in your gut where your breath continues for hours,
(34:52):
feeling fresh and clean and you smell good.
Speaker 2 (34:54):
I mean that's Zelmans. And here is what Zelmans has
just done.
Speaker 1 (34:58):
They've introduced a new Spearman flavor and want you to
try it. And the way you get this is you
go to zelbans dot com slash handle, you order a
three pack and you will get a free peppermint no
excuse me, free spearmint flavor Zelmans for well nothing.
Speaker 2 (35:20):
So the regular pack.
Speaker 1 (35:21):
Is your normal peppermint and now you get a free
spearmint if you order a three pack. By the way,
the offer ends today today is it?
Speaker 2 (35:30):
You're done? Finished? And it ends at midnight.
Speaker 1 (35:33):
Go to Zelmans dot com, slash kfi, z E L M,
I n S dot com, slash kfi, Zelmans dot com
slash kfi. And as I told you earlier, I am
continuing to take phone calls off the air, and I
will and I'm obviously there are no brakes or traffic
(35:55):
or commercials or anything, so I go through them very quickly,
and there's no patience on my part, as you know.
So you can pick up the phone right now, and
if you're on the if you're on the phone, just
stay put, don't worry about it. I'm going to pick
you up in just a few minutes, and if you're not,
you can still call in for the next thirty forty minutes.
The number is eight hundred five two zero one five
three four eight hundred five two zero one five three four.
(36:20):
This is Handle on the Law.
Speaker 2 (36:24):
You've been listening to the Bill Handle Show.
Speaker 1 (36:26):
Catch My Show Monday through Friday six am to nine
am and anytime on demand on the iHeartRadio app.
Popular Podcasts
24/7 News: The Latest
The latest news in 4 minutes updated every hour, every day.
Crime Junkie
Does hearing about a true crime case always leave you scouring the internet for the truth behind the story? Dive into your next mystery with Crime Junkie. Every Monday, join your host Ashley Flowers as she unravels all the details of infamous and underreported true crime cases with her best friend Brit Prawat. From cold cases to missing persons and heroes in our community who seek justice, Crime Junkie is your destination for theories and stories you won’t hear anywhere else. Whether you're a seasoned true crime enthusiast or new to the genre, you'll find yourself on the edge of your seat awaiting a new episode every Monday. If you can never get enough true crime... Congratulations, you’ve found your people. Follow to join a community of Crime Junkies! Crime Junkie is presented by audiochuck Media Company.
The Clay Travis and Buck Sexton Show
The Clay Travis and Buck Sexton Show. Clay Travis and Buck Sexton tackle the biggest stories in news, politics and current events with intelligence and humor. From the border crisis, to the madness of cancel culture and far-left missteps, Clay and Buck guide listeners through the latest headlines and hot topics with fun and entertaining conversations and opinions.