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 f This is handle on
the law marginal legal advice, where I tell you you
have absolutely no case. We have had some serious fires
here in southern California. Of course, you've heard about the
(00:24):
Pacific Palisades fire. You've heard about the Hurst Fire six thousand. Well,
excuse me, the Pacific Palisades and the Eton fire six
thousand homes have gone up, and it is well, it's
going to be billions and billions of dollars in the
story about people who have lost their homes and what's
happened in southern California and rebuilding that is in and
(00:48):
of itself. But moving to the Hurst fire, which happened
last January seventh, the authorities have figured out that it
was the utility company that was responsible for another fire
in the same area nearly six years ago. They've gone
(01:11):
back and figured out, okay, it was the utility company. Now,
this was the Saddle Ridge fire twenty nineteen, the Hearst
fire this year. Both of them started underneath an Edison
high voltage transmission line in Silmar. Now, if you don't
know the San Ferano Valley, and most people don't the
San Frano Valley at its northernmost point, there's a huge
(01:33):
transmission line center and it is one of those massive electrical.
Speaker 2 (01:39):
Centers with the.
Speaker 1 (01:44):
Polls that are made out of steel going up to
go hundreds of feet and they can be dangerous. We
never thought that those were started fire, and it turns
out they did. The lawyers are arguing that the January
fires that happened going back the six years is that
(02:07):
those fires and when they started because transmission lines were down.
That is further evidence that Edison in fact caused these fires.
They're putting it all together and heretofore we didn't figure
this was going to happen.
Speaker 2 (02:22):
Well, in the end, you're going to see that so.
Speaker 1 (02:26):
Cal Edison and up North Pacific Gas and Electric are
responsible for the vast majority of these fires.
Speaker 2 (02:33):
And can you imagine the kind of damages.
Speaker 1 (02:35):
We're talking about six thousand homes and businesses and people's
lives being upended, and not just the property damage.
Speaker 2 (02:44):
I'm talking about.
Speaker 1 (02:45):
The enormous emotional damage of people having to move, couldn't
go to work, the kids couldn't go to school.
Speaker 2 (02:53):
I mean, we're not going to figure this out for years,
all right.
Speaker 1 (02:59):
And the shape of it is is that since it's
a public utility guests, who gets to pay the bill? Inevitably,
of course it is the customer. It is the taxpayer,
not find at all. Let's try to figure out what
in God's name we can do here in southern California,
in California in general to deal with the wildfires, and
one of them being a hole of the hell a
(03:20):
lot more careful when it comes to dealing with transmission lines.
Speaker 2 (03:24):
Okay, let's go ahead and take some phone calls.
Speaker 3 (03:27):
Eddie, Hi, Eddie, mister Bill Handle, thanks for taking the
call this sure morning. I've learned some things over the
years from you, and I've also learned that occasionally there's
a little humor in your show, so thank you for
greatly appreciate it. I'm trying to find out about using
a handyman that we've had around our condos for twenty years.
Speaker 2 (03:48):
Hector is.
Speaker 4 (03:50):
A very good worker. He does good work.
Speaker 3 (03:53):
I'm trying to have him re pipe with plastic pets
piping at another condo. He's done some repiping here at
these condos. He also does some commercial and remodel work,
so he's been around for a long time. My question
is what happens if one of his crew members is
injured while repiping my condo?
Speaker 2 (04:13):
He's not bonded? Okay? Uh yeah, yeah, yeah, yeah yeah?
Speaker 1 (04:19):
Is he licensed or that it's just a handyman. I
mean you can find out if he is licensed, and
I think if he has license, you sort of have
to have a bond. So I'm assuming he's not licensed.
Speaker 4 (04:31):
I'm going to say no long licensed.
Speaker 2 (04:32):
Okay, So here is the easy one.
Speaker 1 (04:35):
Okay, what happens if one of the crew members is injured?
You're gonna get sued. Are you going to be held liable?
I don't know, probably.
Speaker 2 (04:44):
Not, but who needs the grief?
Speaker 1 (04:46):
What you want to do is check your insurance policy
that you have. Does it cover casual labor? Now, this
is not casual labor. If you're talking about repiping that,
I think you know need a permit and.
Speaker 2 (05:01):
You need someone who's licensed.
Speaker 1 (05:03):
I don't think a hand command is can legally repipe
a house. Uh now are you libel? Does the insurance company?
UH say, we will cover it if you have a
licensed person, do it. If you have an unlicensed person,
We're not going to cover it. I don't know the
answer to that. Do you have an insurance agent? Yes, sir, Okay,
(05:26):
call the insurance agent and say, does my insurance policy
cover someone who is repiping my house and is not licensed?
Speaker 2 (05:36):
Or I just hire him to do it.
Speaker 1 (05:40):
And yeah, and if it turns out so, yeah, the
trick is good insurance. That's on top of everything else.
I always go for insurance.
Speaker 5 (05:50):
So I didn't know there is such a thing anymore
as insurance.
Speaker 2 (05:53):
Yeah, well no, it still is. You just pay for
it up the yang.
Speaker 1 (05:57):
And when you're talking about insurance, there is the there.
They cover it either covers workers, casual labor, or people
coming in or it doesn't. If you are insured and
you have a comprehensive policy, it probably covers it. The
problem is with fire insurance and you can't afford it anymore.
Speaker 2 (06:18):
And that's the whole world.
Speaker 1 (06:19):
But if you still have insurance, you should be okay,
call your agent and make absolutely sure because if I'm
wrong and you get sued, Hector's gonna get his ass sued,
and you're going to get your ass sued, and you
and Hector are going to be having a drink at
a bar and really, just in your cups going, what
the hell happened?
Speaker 2 (06:40):
Mike? Hello Mike, Hi, Yes sir, What can I do
for you?
Speaker 6 (06:45):
Oh?
Speaker 7 (06:45):
Hi Bill?
Speaker 2 (06:46):
I was on your show back in the day. If
you did the gang culture.
Speaker 6 (06:49):
I don't know if you remember us.
Speaker 8 (06:51):
No anyway, Okay, still a last still around.
Speaker 6 (06:54):
So I just want to ask you.
Speaker 9 (06:57):
Refusing to give the deposit back of a twenty two
hundred dollars and he's not giving an itemized breakdown, what
can I do?
Speaker 1 (07:04):
You assume him for the twenty two hundred dollars. He's
not even allowed to defend himself. He has to give
you an itemized breakdown and has to do it within
thirty days, otherwise you're entitled to the entire amount. So
you sue him in a small claims court for twenty
two hundred dollars. And if he tries that, if he
(07:24):
tries to defend and come in with some kind of breakdown,
you say your honor.
Speaker 2 (07:30):
He didn't do it within thirty days, and he.
Speaker 1 (07:33):
Didn't give me a breakdown, son, thank you, And according
to law, he's not even allowed to bring it up.
Speaker 2 (07:40):
So you got a winner, there, no question about that one.
Hello Ann, welcome kind Bill.
Speaker 6 (07:48):
I was wondering is there a way to get a
moratorium on building in your neighborhood. I've been working from
home since twenty twenty and practically every single day. Yeah,
to this date, there's been work people.
Speaker 1 (08:03):
Right, Okay, them down, Okay, So let's start with the
fact that you work from home and nobody cares except you.
All right, that's for starters. Second of all, it's not
a question of putting a moratorium on the building.
Speaker 2 (08:17):
It's the other way.
Speaker 1 (08:19):
They want the buildings to go up, and there has
to be a reason for a moratorium, not just Hi,
I'm Anne, I want a moratorium. So the quick answer
is no, and the bit a little bit longer answer
is no.
Speaker 6 (08:40):
Okay, thank you.
Speaker 1 (08:41):
Enjoy I enjoy the construction going on. Fabulous, isn't it?
Speaker 2 (08:46):
All right? Let's take our first break. This is handle
on the law.
Speaker 1 (08:53):
Law advice, where I tell you you have absolutely no case.
Speaker 9 (08:59):
Daniel, Hi, Daniel, Yes, yes, mister Fandel and the law okay,
questions it. We have a property and Figueroi Street in
front of the Collise and is and my dad died,
my mother died. My father died fourteen years ago. My
(09:21):
mom died fourteen months ago, we need to sell the house.
We are six brothers, two sisters and four brothers. Four
are in in order to sell the house. Now he's
already and designer is already for sealing the house. But
they are asking my brother did trusting number one. He
(09:47):
is putting a high price. He don't want to move now.
He don't want to sell the house now the other
board we want to sell the house. Is any way
to force my brothers to sell the Oh?
Speaker 2 (10:00):
Yes, yes, yes, yes yes. So what a couple things.
Speaker 1 (10:07):
One, you can file something that's called a partition, which
an owner of a property with another owner can force
the sale of the house, absolutely force the sale of
the house.
Speaker 2 (10:19):
And one of two things happen if you can't agree.
Speaker 1 (10:23):
If one of the parties still says no and the
other one says yes, the court will ask you first
to buy out the other side. So you've got four
of you versus two that don't want to sell. You
come up with some kind of an appraisal, and the
four of you offer to buy the two out.
Speaker 2 (10:41):
And say here's the money.
Speaker 1 (10:43):
And then if the answer is no, by the way,
listing it at a ridiculously high price is the same
as not selling it, Daniel, it's the same as refusing
to sell it.
Speaker 2 (10:54):
All right.
Speaker 1 (10:54):
So when he says, oh, I'm trying to sell it
and it's twice market value, he's not trying to sell it, Daniel.
So I'm assuming he is asking for a price that's untenable.
Speaker 2 (11:05):
So it's not going to be sold.
Speaker 1 (11:06):
Assuming that's the case, Yes, make you file this lawsuit
for partition, forcing the sale of the house, and.
Speaker 2 (11:16):
Then the court will go, why don't you buy each
other out?
Speaker 10 (11:20):
One?
Speaker 1 (11:20):
Don't the four of you buy the two of you out?
And if you cannot come to an agreement, the court
orders the sale of the house straight out. And if
you can't agree on a realtor, the court will find
a realtor for you and the property will be sold.
How much is property worth, Daniel, Well.
Speaker 9 (11:41):
I two years ago was above four million?
Speaker 2 (11:45):
Wow?
Speaker 9 (11:47):
Wow, Now they are asking they went down three point
eight and the reactor says, no, it is too high.
We need to lower the price to locate to sell.
Speaker 1 (12:00):
How much is the realtor want to lower the price too?
Speaker 9 (12:04):
To two point eight or two point nine?
Speaker 1 (12:07):
All right, you've got to do an appraisal of that house. Yeah,
you have to do an independent appraisal of that house.
You have to have a real estate appraiser to find
out what the value of the house is because if
your brother is just asking for a high price within reason.
So let's say you have a piece of property that
(12:27):
goes that's appraises from three to four million dollars and
your brother lists said at four million.
Speaker 2 (12:34):
Dollars, that's legitimate.
Speaker 1 (12:37):
That is legitimate, and you can argue will do it
less than that, he goes, I'm the trustee.
Speaker 2 (12:44):
That's what I'm going to sell it for.
Speaker 9 (12:49):
Let me mention something. This house is in front of
the southern California the qual say one, you know that area. Also,
we have a map from the city that with the
prices of the houses around and the pressure the other
(13:11):
the other properties were solved by two million each.
Speaker 1 (13:15):
Okay, so that's now we're back to You have to
get a full appraisal, a real estate appraisal, which will
deal with comps, because you don't know what those other properties.
Speaker 2 (13:25):
Maybe they were falling apart.
Speaker 1 (13:27):
Uh maybe they needed half a million dollars worth of work.
Speaker 2 (13:30):
You weren't inside them. Uh, so you have no idea.
Speaker 1 (13:34):
So you need an appraisal and then based on that
you move forward.
Speaker 2 (13:38):
And I just told you everything you have to do.
Speaker 1 (13:41):
Antonio, Hello, Antonio, Hi, how are you? Yes, sir? What
can I do for you? Everybody asked me how I am?
You don't care, and I don't care. So what can
I do for you?
Speaker 5 (13:54):
Well, we have this conundrum. We are renting this uh
business uh property from this lady and she used to
run a clich from that facility. So she asked us.
She asked us for a couple of days to retain
use of an office so she can close out all
(14:15):
the paperwork that she needs to send to the state.
So we said fine. So those days turned in two weeks,
and then we asked her, well, when are you going
to move out? She said, oh, don't pressure me. I
still not done. Please be batient with me. So now
several months later, she comes up with this amendment to
our original rental agreement in which she will use indefinitely
(14:39):
that office.
Speaker 1 (14:40):
Of course, what's your I mean, what's First of all,
you can't do an indefinite lease. I mean that just
doesn't exist. But Antonio, what is your question?
Speaker 5 (14:51):
So can we do something about it?
Speaker 1 (14:53):
Though?
Speaker 6 (14:54):
Yeah?
Speaker 2 (14:54):
You yeah you yeah, Antonio, you have victor is what
you do.
Speaker 1 (15:00):
You go to you go to an eviction attorney, and
you throw her out and you collect the rent that
she owes you.
Speaker 5 (15:09):
Okay, even though she is the landlord.
Speaker 1 (15:12):
Oh, I'm sorry, she's the landlord. And hold on, I'm
confused here. She's the landlord, but you're saying she wants
to stay there.
Speaker 5 (15:23):
Exactly. She wants to retain use of an office.
Speaker 1 (15:27):
So we have you say no, You say no, you
say no, I'm renting the office.
Speaker 2 (15:34):
I'm renting the office.
Speaker 1 (15:35):
You can you can steal evict her even though she
owns the building, because you have full control of the property.
Speaker 2 (15:43):
She has rented it to you.
Speaker 1 (15:45):
Unless the rental agreement says that she has use of
an office.
Speaker 5 (15:51):
Yeah, the rental agreement says that she has the right
to come and inspect, but she has to let us
know when she's coming.
Speaker 1 (15:58):
Okay, what does that have to do with what what
does that have to do with your use of an office?
Speaker 5 (16:03):
Exactly? Yeah, yeah, it was it was just I.
Speaker 1 (16:07):
Think you, I think you, I think you can evict her.
Now the other side of it, she's gonna evict you, exactly.
Speaker 2 (16:14):
So you've got it. You've got an issue on your hands.
I mean that's that simple.
Speaker 1 (16:18):
You know, are you prepared to be evicted or are
you prepared to give up? Uh an office?
Speaker 2 (16:22):
How big of how big a space is it? Antonio?
Speaker 5 (16:25):
It's she doesn't take much of all right.
Speaker 2 (16:29):
All right, she doesn't take much.
Speaker 1 (16:30):
If she doesn't take much, I mean, you can evict her,
but she can always evict you. Uh, you know, unless
you have a signed lease, and you can't.
Speaker 2 (16:38):
She can't during the lease. So that's your choice. You know,
it's a business choice, not a legal issue.
Speaker 6 (16:45):
You know.
Speaker 2 (16:45):
It's just that's.
Speaker 1 (16:48):
See. Sometimes I get calls or questions that have very
little to do with the law.
Speaker 2 (16:53):
They're just straight, what do I do?
Speaker 1 (16:56):
And I hate giving that kind of advice because I
don't know what I'm talking about. All right, let me
tell you about artificial intelligence AI. And this is for
business people and it is everywhere. And if your business
is not using AI, I'm willing to bet your losing
money it can make a lot more. You're losing productivity,
a competitive edge because your competitors are certainly using AI.
(17:19):
Net Suite helps you control costs and increase sufficiency.
Speaker 2 (17:22):
It's that simple.
Speaker 1 (17:23):
It's the number one cloud business management system, bringing accounting
and financial management and inventory.
Speaker 2 (17:29):
My business does.
Speaker 1 (17:30):
That and hr Every business has more and more than
one employee should do that all in one efficient business suite,
and you just your business just does a whole lot better.
You can concentrate on doing business, getting business, creating business,
maintaining making money. Let net suite do all of.
Speaker 2 (17:53):
The administrative work for you.
Speaker 1 (17:56):
So download the free CFOs Guide to AI and Machine Learning.
Go to NetSuite dot com slash handle. See if it
works for you, Willie Bett. It does, obviously no downside
NetSuite dot com slash handle. That's net suitet as in
hotel suites NetSuite dot com slash handle.
Speaker 2 (18:17):
This is Handle on the Law.
Speaker 7 (18:20):
You're listening to Bill Handle on demand from KF I
am six forty.
Speaker 2 (18:26):
Let's keep on moving on.
Speaker 1 (18:27):
This is Handle on the Law. Hey Joseph, welcome to
Handle on the Law.
Speaker 4 (18:34):
Thanks a little. Yes, how are you doing?
Speaker 2 (18:37):
Yes, sir? What can I do for you?
Speaker 4 (18:39):
Okay?
Speaker 11 (18:40):
I was involved in an accident with a police officer.
I was going I was in Riverside, I was going
through the intercession.
Speaker 4 (18:50):
I had degree. He is coming the other way, not
the other way. He was coming like to t bow
with me.
Speaker 11 (18:57):
Let's say, uh, he didn't have his sirens on. I
believe he turned on the lights as.
Speaker 4 (19:06):
He was going into the intersection and we crashed.
Speaker 11 (19:12):
It totaled my car. My head broke the windshield of
the vehicle. I was not giving us I and I
was not giving anything.
Speaker 4 (19:20):
I was just taking at the hospital.
Speaker 11 (19:21):
At the at the hospital, now the officer was badgering me,
asked me if I was drunk or if I was
on drugs.
Speaker 4 (19:27):
And I wasn't. But that was the extent of that.
Speaker 2 (19:32):
Joseph, How bad, how badly were you injured?
Speaker 4 (19:36):
I don't actually don't know.
Speaker 11 (19:37):
The hospital, even the Riverside County Hospital Versie Regional, didn't
give me any any kind of paperwork.
Speaker 4 (19:42):
They just released me.
Speaker 2 (19:44):
And right, so you can't.
Speaker 1 (19:46):
So there's no there's no paperwork that, there's no medical
report that they didn't write anything up. They just released you.
There's no record of you even going in there.
Speaker 9 (19:55):
I have.
Speaker 4 (19:56):
All I have is the wristband that they gave me,
you know, when I was there, and I took some
photos of my head.
Speaker 2 (20:04):
All right, Well, how badly banged up were you? Oh?
Speaker 5 (20:07):
I was?
Speaker 4 (20:08):
I was, like I said, my head broke the windshield.
I wasn't wearing all right.
Speaker 2 (20:12):
How badly banged up were you?
Speaker 1 (20:15):
Stitches in your head, broken skull, brains flying out, you know,
pouring out.
Speaker 4 (20:20):
Of your head. No, it was I was bloody. I
was a bloody mess.
Speaker 1 (20:25):
Concussion, stitches, concussion. They told you he had a concussion,
and they didn't give you. They didn't give any paperwork
walking out the door. M interesting, all right, all right,
you go to another doctor.
Speaker 2 (20:36):
But I'm sorry.
Speaker 4 (20:40):
No, they had me sitting in the lobby where there
was no one until someone.
Speaker 1 (20:44):
Yeah they did that yet, Yeah, you sit in the
lobby forever. Every hospital does that, So that's that that
has no.
Speaker 4 (20:51):
I was doing.
Speaker 1 (20:54):
They had you sit in the lobby and and what
they wouldn't let you.
Speaker 2 (20:57):
Out the door.
Speaker 4 (20:59):
No, I was just sitting. I didn't even know what
was going on. I'd barely come too.
Speaker 12 (21:03):
And then this is so weird.
Speaker 1 (21:06):
So you were in the hospital, you're released, and they
don't give you any paperwork.
Speaker 2 (21:11):
I have never gone to have any kind.
Speaker 1 (21:14):
Of a medical procedure where you're not handed paperwork on
the way out.
Speaker 2 (21:17):
So already this is very weird. All right.
Speaker 1 (21:19):
Uh, as far as the fault of the cop. You
said he'd turned the light on in the intersection. Do
you other than your opinion or your what you saw,
is there anything else, any other witnesses that can describe
what happened?
Speaker 4 (21:39):
I don't know. I'm I'm sure there is. I contacted
two attorneys. One of them, he said, looked into it and
all that, and he said, well, yeah, it's not your fault,
but it's a hard thing to prove because it's in
the line of duty. But that's all I know. Was
did I don't?
Speaker 6 (21:54):
I don't.
Speaker 4 (21:54):
I don't. I don't remember like dating.
Speaker 2 (21:57):
All right, So what what's your Joseph, what's your question?
What's your question?
Speaker 4 (22:00):
My question is how could I try to get an attorney?
Speaker 2 (22:04):
Yeah? Good luck. I'll tell you. I'll tell you.
Speaker 1 (22:06):
I'll tell you why it's so difficult. First of all,
proving your damages. Uh, there's no paperwork there, which I
don't understand. Uh. Second of all, it's your word against
the cops word, because there are no witnesses that are
there that can say what you did versus what the
cop did. Third of all, it's not you're not just
suing someone, you're suing the city.
Speaker 4 (22:29):
Now you're really want to sue. I just want my
I just want to my vehicle replaced.
Speaker 2 (22:34):
Then well that you may have to sue for that.
Do you have insurance at the time.
Speaker 1 (22:41):
All right, then just turning over to your insurance coming,
have them, have them replace it, they have them deal
with it.
Speaker 2 (22:47):
Just say here you go, here's my policy, and pay
inductible and just have your card done.
Speaker 10 (22:53):
One more quick question, Well, I have to comment because
they didn't give me a they didn't cite me for anything.
Speaker 4 (23:04):
And does that I didn't do it?
Speaker 2 (23:07):
No, No, it proves nothing. It proves they didn't give
you a ticket.
Speaker 1 (23:12):
That's what it proves. It proves they didn't give you
a ticket because you're so complicated. You have no paperwork,
you have no proof of medical issues. Uh, there's no
proof of who was that fault, even though you say
I think his light.
Speaker 2 (23:26):
Was turned on. No, no, there's uh no.
Speaker 1 (23:31):
There's no.
Speaker 2 (23:32):
It doesn't work that way. Michelle him Michelle, welcome, go ahead.
Speaker 13 (23:40):
Our house is adjacent to a city park and there
are large pine trees. Uh, and they just put tons
and tons of pine needles into our backyard and our pool.
And we're wondering if we can through the city.
Speaker 2 (23:56):
Yeah, yep. Here, here's what you do. First of all,
you make a claim.
Speaker 1 (24:02):
You have to claim before you sue, all right, and
they're gonna deny. Yeah, you have to make a claim
in the city here, pine needles, ruining our pool whatever,
and they're gonna deny it because they deny everything. I mean,
they never turn around and accept liability for anything. Then
you turn around, you sue, and it's a question of
(24:24):
whatever it costs you X number of dollars it costs
you to clean it up, and then you go to
you go to small claims there.
Speaker 2 (24:34):
Then you do it again. But you have to give
them notice.
Speaker 1 (24:38):
You have to say I'm gonna sue you, and then
you sue them, and you just keep on going and
going and going. You may also want to talk to
your city city council person and see if they can
do something about that. But I don't know, But I
don't know what they can do. Do they remove the trees?
Speaker 13 (24:54):
No, they won't remove.
Speaker 1 (24:55):
Them, No, I know. But here's my question. Do they
remove the trees? That's the question. And I don't know
if the city is prepared to remove the trees. So
you're stuck between a rock and a hard place unless
some arrangement is made where the people that clean up
the park, that deal with it, that maintain the park,
(25:16):
and those are city employees. Somehow a deal is cut
between you and them so they come in and clean
up your place as a matter of maintaining it. Nothing
easy here, but yes, you can turn around and see
the city.
Speaker 2 (25:28):
It's really bad. Dan, Hello, Dan, Welcome.
Speaker 13 (25:33):
Hi Bill.
Speaker 14 (25:35):
Yeah, I just had a question about a trust. Yes,
after signing the release and approval of first and final
account by trustee, I made a mistake by signing it,
and I'm wondering is do I have the ability to
fight the after sting.
Speaker 1 (25:56):
I probably do, because you're gonna argue you mistakenly signed it.
Speaker 2 (26:03):
Yeah, I think I think I think you can set
it aside.
Speaker 1 (26:06):
Has the money already been distributed or we're just talking
about you agreeing to everything.
Speaker 14 (26:12):
The money has not been distributed?
Speaker 2 (26:14):
Okay, then you're okay.
Speaker 1 (26:15):
Then you're okay, Then you are then you should be okay.
Then what you do is you walk into court. How
much money are we talking about here, Dan.
Speaker 14 (26:24):
About probably one hundred and forty dollars or so.
Speaker 1 (26:26):
I would have I would have a trust and a
state lawyer walk in and represent you, and yeah, I
wouldn't do this on my own, not for that much money. Yeah,
but I think you can have it set aside based
on mistake. And then the lawyer is going to come
up when this is why I want you to have
a lawyer. Lawyer is going to come up with reasons
that are relevant. For example, you saying I didn't pay attention, that's.
Speaker 2 (26:50):
Not going to fly. I was confused. That's going to fly.
Speaker 1 (26:56):
Okay, okay, yeah, so I go ahead.
Speaker 14 (27:00):
I'm sorry, I didn't see the trust until after I
signed it. Actually between what do you mean you didn't see?
Speaker 1 (27:06):
You signed a letter saying I accept the trust and
you hadn't seen the trust yet.
Speaker 7 (27:12):
Yes, you're right.
Speaker 1 (27:13):
Okay, So here's your defense. Okay, all right, here's another
defense that might fly. I'm a moron, your honor. I
am so stupid. You can't believe it that I have
to be the dumbest person you have seen this year.
How about that for a defense? You need a lawyer. Yeah,
you want to trust in a state lawyer on that one?
(27:35):
Oh god, sure, I'll accept everything. What I haven't seen
it yet, I have no idea we are in a
changing world, the economy, technology, education, But there are a
couple of things that don't change.
Speaker 2 (27:51):
One of them, I'm an ass I always have been.
Speaker 1 (27:54):
And the other one is the success of Zelman's mentee mouth.
These are little cas that you swallow and at the
end of sucking off the minty coding, you either bite
into them or swallow, and they go into your gut
where they begin to work on the bad breath of
smelly breath in your stomach as well as in your mouth.
(28:14):
There's the difference Zelman's minty mouth if you're interested in
fresh breath.
Speaker 2 (28:20):
If you're like me, garlic onions. I love those.
Speaker 1 (28:23):
Coffee in the morning. Those all cause bad smelly breath. Zelmans,
It's a different animal completely. Go to Zelmans dot com.
Use the code KFI fifteen percent off until the end
of the month.
Speaker 2 (28:36):
Z E L M I N S dot com.
Speaker 1 (28:39):
Use the code KFI Zelmans dot com.
Speaker 2 (28:43):
This is handle on the law hight Welcome back. Handle
on the Law Marginal Legal Advice. Vita Hi, Vita, welcome Hi.
Speaker 15 (28:53):
How are you?
Speaker 2 (28:53):
Yes, ma'am?
Speaker 15 (28:55):
I love your show.
Speaker 2 (28:57):
Of course you do.
Speaker 15 (28:57):
I want I do for you, all right?
Speaker 2 (29:01):
So I.
Speaker 15 (29:03):
Went to an attorney that was that I had known
from a like long long time ago, and then I
asked him to do some revision on my trust. I
went there with my sister and I asked him how
much is this going to cost? He said anywhere from
three to five thousand dollars. I said, okay. So he
(29:27):
worked on it and we went back.
Speaker 13 (29:30):
And forth to review it, and when he finished.
Speaker 15 (29:33):
He said that it's going to be ten thousand dollars.
I said, this is not what we agreed on. And
I didn't ask you to do any more than what
we had agreed on. And why are you charging me
twice as much as what you had quoted me? He said, well,
(29:53):
I didn't know that he was gonna take so much time,
and I did the work and I should be paid
and pay me any time you can make payments, but
that's what's going to be. And before, because I've known
you for a long time ago, I give you a
ten only one thousand dollars discounts. So I'm very uncomfortable
(30:17):
with it.
Speaker 2 (30:17):
She did, of course you are. So he still was
holding under the trust right vena.
Speaker 16 (30:23):
Uh, he he has my trust. I do have the
the changes that is that he made because I.
Speaker 2 (30:36):
Have you have the changes in the document in the trust. Correct,
your trust is.
Speaker 15 (30:41):
Finished in my my, my, my original trust he has
because he and you don't have.
Speaker 2 (30:47):
A copy of your original trust.
Speaker 15 (30:50):
I think I do in my yea, probably my email.
Speaker 1 (30:55):
The original trust. By the way, how complicated is your trust?
Speaker 15 (31:00):
It's not, it's you know. It just says it's a
very simple trust.
Speaker 1 (31:05):
Rita, you got ripped off, Vita, you got ripped off badly.
Speaker 15 (31:09):
But what am I going to do with him?
Speaker 1 (31:12):
Well, first of all, you're gonna put You're going to
demand the that you you demand your trust, you finish trust.
How much have you paid him?
Speaker 15 (31:21):
I haven't paid him anything.
Speaker 1 (31:23):
Good, Demand your trust immediately. If he doesn't give it
to you, you're not to pay him at all until
you negotiate.
Speaker 2 (31:32):
You want to mediate with.
Speaker 1 (31:33):
The local bar association. And I would turn him into
the state bar for excessive charging, because that is crazy.
Ten thousand dollars for an uncomplicated to change an uncomplicated,
simple trust adding a couple of provisions for ten thousand dollars,
that is insanity.
Speaker 4 (31:56):
Okay, that is a You've.
Speaker 2 (31:59):
Been ripped off.
Speaker 1 (32:00):
If you pay it, you're ripped off call the bar,
put in a complaint to the bar Association and say
he is holding my trust and he wants ten thousand
dollars for this change.
Speaker 15 (32:15):
Okay, now you said that to negotiate through who you.
Speaker 2 (32:19):
Can mediate it.
Speaker 1 (32:20):
But I don't even know if i'd mediate it. Yeah,
I wouldn't even media.
Speaker 2 (32:24):
I just go straight to the bar. I would just
turn him on.
Speaker 1 (32:27):
I would just literally just make a complaint to the
state bar for excessive charging and extortion that he won't
let you have your trust unless you pay him ten
thousand dollars. That is totally violating every ethical canon you
can imagine.
Speaker 2 (32:43):
Yeah, I'd go to the state bar. That's crazy.
Speaker 1 (32:46):
That is crazy charging ten thousand dollars for a change
on a simple trust. First of all, a simple trust
shouldn't cost more than one thousand or maybe fifteen one
hundred dollars at the outside.
Speaker 2 (33:03):
All right, Kenny, welcome to handle on the law.
Speaker 4 (33:06):
Good morning, Bill.
Speaker 12 (33:07):
Yes, I ran an apartment at a large complex and
one of the apartment employees went to management and claimed
I threatened them with physical violence.
Speaker 4 (33:21):
What should I do?
Speaker 1 (33:22):
Well, Okay, let's start with have they done anything, kicked
you out, gave you a warning, find you anything at all.
They surprised me with a verbal warning, and you came
back and said none of that is true.
Speaker 2 (33:38):
Yes, okay, anything as a result of that, or they
just dropped it at that point.
Speaker 4 (33:44):
No, that was just yesterday.
Speaker 2 (33:46):
Okay.
Speaker 1 (33:47):
Well at this point, first of all, I would call
the police and fill a police report in just say hey,
I was threatened, I was threatened with violence, and get
a police report going.
Speaker 2 (33:59):
That's for starters.
Speaker 12 (34:00):
Who they claim I threatened the employee.
Speaker 2 (34:04):
Okay.
Speaker 1 (34:05):
Then well then you sit back and you do nothing. Then, Kenny,
I thought it was the other way around.
Speaker 2 (34:11):
You do nothing. There's nothing for you to do.
Speaker 1 (34:13):
All you do is tell the homeowner association the HOA,
that's not true. And when he does it again and
says that somehow you threaten him, we'll see if the
police pick you pick up something on this where they
come out and you deny that and at.
Speaker 2 (34:31):
Some point you consume him for harassment.
Speaker 1 (34:34):
Matter of fact, I would start there right now is
next time he threatens you, say hey, this is not happening, right,
I am not threatening you.
Speaker 2 (34:43):
I'm putting it down, writing it down. As a matter
of fact.
Speaker 1 (34:46):
What I would do is record it. Take out my
phone and go, hey, go ahead and threaten me. What
did you just say, Let's record it? So you just
got to come back. There's nothing for you to do
at this point. There really isn't other than deny.
Speaker 2 (35:02):
Okay, all right, that's it, you know, Devon hi, devon.
Speaker 5 (35:09):
Hey Bill.
Speaker 8 (35:10):
This is the second time the landlord has taken us
to court for eviction, unlawful detainer for no payment the rent.
We withheld the rent because of uninhabitable living conditions, mold,
roach infestation, and no heat. We emailed the landlord for
about a year and a half. Finally, the first go round,
the judge ordered him to remediate and fix the heat.
Speaker 1 (35:32):
The mold.
Speaker 8 (35:34):
He ended up painting over the mold.
Speaker 2 (35:36):
He remember, I remember the phone call. Okay, all right,
so now what's your what's your question now?
Speaker 5 (35:43):
All right?
Speaker 8 (35:43):
So my question is, uh, first off, we requested.
Speaker 2 (35:47):
The jury trial.
Speaker 8 (35:48):
They didn't want one. The judge rewarded us a jury
trial coming up here. My question is, if this goes
the trial, what can you see the outcome being.
Speaker 2 (35:57):
It can be pretty healthy, It can be pretty healthy.
Speaker 1 (36:00):
First of all, you're going to prevail like you did
the last time, because you have a proof in the world,
and you are going to argue how difficult it was
for you to live the kind of I think you
can even offer argue emotional damage here, argue well, you
(36:21):
can argue almost anything there. And I think the jury,
based on what you said, the jury's going to nail him.
I mean, I think you may end up getting You
may get tens of thousands of dollars on this, if
not more. He is nuts to go to a jury
trial based on what you said. I don't get it
at all, but I think you're going to be just
fine on that. You won every single time. And now
(36:44):
you're in front of a jury and you're showing how
miserable it is and how the infestation and how you
had to live and you can't afford any place else.
Speaker 2 (36:54):
Oh god, yeah. Can you imagine what a jury's going
to do on that one.
Speaker 1 (36:58):
Hey, I want to tell you about chronic pain. If
you happen to live in chronic pain pain all the time,
or know someone who does, or treats someone, you know
how miserable it can be.
Speaker 2 (37:10):
I happen to live with someone who.
Speaker 1 (37:12):
Suffers from chronic pain, my wife, and it kills me
to see her suffer that much, and so I'll tell
you what she did to deal with it is she
created the Pain Game Podcast. The Pain Game Podcast is
about dealing with pain, is about dealing with trauma and
does it help you?
Speaker 2 (37:32):
Bet?
Speaker 1 (37:33):
Now?
Speaker 2 (37:33):
Does it relieve pain.
Speaker 1 (37:35):
Sometimes depending on the treatment they talk about, but more importantly,
it helps you deal with the pain. Every episode ends
with a message of hope. By the way, there are
that she talks to experts and say why don't you
do A, B, C and D. And there's some huge
successes there. But you're going to understand that the show
is about giving pain purpose. I know that sounds weird,
(37:55):
but once you listen to it, you'll know what I'm
talking about. It's the Pain Game podcasts. Believe me, it
helps a lot of people chronic pain. Yeah, listen to
the Pain Game Podcast. Season three just started. Pain Game Podcast.
This is Handle on the Law.
Speaker 7 (38:15):
You're listening to Bill Handle on demand from KFI AM
six forty
You're listenings 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. We have had some serious fires
here in southern California. Of course, you've heard about the
(00:24):
Pacific Palisades fire. You've heard about the Hurst Fire six thousand. Well,
excuse me, the Pacific Palisades and the Eton fire six
thousand homes have gone up, and it is well, it's
going to be billions and billions of dollars in the
story about people who have lost their homes and what's
happened in southern California and rebuilding that is in and
(00:48):
of itself. But moving to the Hurst fire, which happened
last January seventh, the authorities have figured out that it
was the utility company that was responsible for another fire
in the same area nearly six years ago. They've gone
(01:11):
back and figured out, okay, it was the utility company. Now,
this was the Saddle Ridge fire twenty nineteen, the Hearst
fire this year. Both of them started underneath an Edison
high voltage transmission line in Silmar. Now, if you don't
know the San Ferano Valley, and most people don't the
San Frano Valley at its northernmost point, there's a huge
(01:33):
transmission line center and it is one of those massive electrical.
Speaker 2 (01:39):
Centers with the.
Speaker 1 (01:44):
Polls that are made out of steel going up to
go hundreds of feet and they can be dangerous. We
never thought that those were started fire, and it turns
out they did. The lawyers are arguing that the January
fires that happened going back the six years is that
(02:07):
those fires and when they started because transmission lines were down.
That is further evidence that Edison in fact caused these fires.
They're putting it all together and heretofore we didn't figure
this was going to happen.
Speaker 2 (02:22):
Well, in the end, you're going to see that so.
Speaker 1 (02:26):
Cal Edison and up North Pacific Gas and Electric are
responsible for the vast majority of these fires.
Speaker 2 (02:33):
And can you imagine the kind of damages.
Speaker 1 (02:35):
We're talking about six thousand homes and businesses and people's
lives being upended, and not just the property damage.
Speaker 2 (02:44):
I'm talking about.
Speaker 1 (02:45):
The enormous emotional damage of people having to move, couldn't
go to work, the kids couldn't go to school.
Speaker 2 (02:53):
I mean, we're not going to figure this out for years,
all right.
Speaker 1 (02:59):
And the shape of it is is that since it's
a public utility guests, who gets to pay the bill? Inevitably,
of course it is the customer. It is the taxpayer,
not find at all. Let's try to figure out what
in God's name we can do here in southern California,
in California in general to deal with the wildfires, and
one of them being a hole of the hell a
(03:20):
lot more careful when it comes to dealing with transmission lines.
Speaker 2 (03:24):
Okay, let's go ahead and take some phone calls.
Speaker 3 (03:27):
Eddie, Hi, Eddie, mister Bill Handle, thanks for taking the
call this sure morning. I've learned some things over the
years from you, and I've also learned that occasionally there's
a little humor in your show, so thank you for
greatly appreciate it. I'm trying to find out about using
a handyman that we've had around our condos for twenty years.
Speaker 2 (03:48):
Hector is.
Speaker 4 (03:50):
A very good worker. He does good work.
Speaker 3 (03:53):
I'm trying to have him re pipe with plastic pets
piping at another condo. He's done some repiping here at
these condos. He also does some commercial and remodel work,
so he's been around for a long time. My question
is what happens if one of his crew members is
injured while repiping my condo?
Speaker 2 (04:13):
He's not bonded? Okay? Uh yeah, yeah, yeah, yeah yeah?
Speaker 1 (04:19):
Is he licensed or that it's just a handyman. I
mean you can find out if he is licensed, and
I think if he has license, you sort of have
to have a bond. So I'm assuming he's not licensed.
Speaker 4 (04:31):
I'm going to say no long licensed.
Speaker 2 (04:32):
Okay, So here is the easy one.
Speaker 1 (04:35):
Okay, what happens if one of the crew members is injured?
You're gonna get sued. Are you going to be held liable?
I don't know, probably.
Speaker 2 (04:44):
Not, but who needs the grief?
Speaker 1 (04:46):
What you want to do is check your insurance policy
that you have. Does it cover casual labor? Now, this
is not casual labor. If you're talking about repiping that,
I think you know need a permit and.
Speaker 2 (05:01):
You need someone who's licensed.
Speaker 1 (05:03):
I don't think a hand command is can legally repipe
a house. Uh now are you libel? Does the insurance company?
UH say, we will cover it if you have a
licensed person, do it. If you have an unlicensed person,
We're not going to cover it. I don't know the
answer to that. Do you have an insurance agent? Yes, sir, Okay,
(05:26):
call the insurance agent and say, does my insurance policy
cover someone who is repiping my house and is not licensed?
Speaker 2 (05:36):
Or I just hire him to do it.
Speaker 1 (05:40):
And yeah, and if it turns out so, yeah, the
trick is good insurance. That's on top of everything else.
I always go for insurance.
Speaker 5 (05:50):
So I didn't know there is such a thing anymore
as insurance.
Speaker 2 (05:53):
Yeah, well no, it still is. You just pay for
it up the yang.
Speaker 1 (05:57):
And when you're talking about insurance, there is the there.
They cover it either covers workers, casual labor, or people
coming in or it doesn't. If you are insured and
you have a comprehensive policy, it probably covers it. The
problem is with fire insurance and you can't afford it anymore.
Speaker 2 (06:18):
And that's the whole world.
Speaker 1 (06:19):
But if you still have insurance, you should be okay,
call your agent and make absolutely sure because if I'm
wrong and you get sued, Hector's gonna get his ass sued,
and you're going to get your ass sued, and you
and Hector are going to be having a drink at
a bar and really, just in your cups going, what
the hell happened?
Speaker 2 (06:40):
Mike? Hello Mike, Hi, Yes sir, What can I do
for you?
Speaker 6 (06:45):
Oh?
Speaker 7 (06:45):
Hi Bill?
Speaker 2 (06:46):
I was on your show back in the day. If
you did the gang culture.
Speaker 6 (06:49):
I don't know if you remember us.
Speaker 8 (06:51):
No anyway, Okay, still a last still around.
Speaker 6 (06:54):
So I just want to ask you.
Speaker 9 (06:57):
Refusing to give the deposit back of a twenty two
hundred dollars and he's not giving an itemized breakdown, what
can I do?
Speaker 1 (07:04):
You assume him for the twenty two hundred dollars. He's
not even allowed to defend himself. He has to give
you an itemized breakdown and has to do it within
thirty days, otherwise you're entitled to the entire amount. So
you sue him in a small claims court for twenty
two hundred dollars. And if he tries that, if he
(07:24):
tries to defend and come in with some kind of breakdown,
you say your honor.
Speaker 2 (07:30):
He didn't do it within thirty days, and he.
Speaker 1 (07:33):
Didn't give me a breakdown, son, thank you, And according
to law, he's not even allowed to bring it up.
Speaker 2 (07:40):
So you got a winner, there, no question about that one.
Hello Ann, welcome kind Bill.
Speaker 6 (07:48):
I was wondering is there a way to get a
moratorium on building in your neighborhood. I've been working from
home since twenty twenty and practically every single day. Yeah,
to this date, there's been work people.
Speaker 1 (08:03):
Right, Okay, them down, Okay, So let's start with the
fact that you work from home and nobody cares except you.
All right, that's for starters. Second of all, it's not
a question of putting a moratorium on the building.
Speaker 2 (08:17):
It's the other way.
Speaker 1 (08:19):
They want the buildings to go up, and there has
to be a reason for a moratorium, not just Hi,
I'm Anne, I want a moratorium. So the quick answer
is no, and the bit a little bit longer answer
is no.
Speaker 6 (08:40):
Okay, thank you.
Speaker 1 (08:41):
Enjoy I enjoy the construction going on. Fabulous, isn't it?
Speaker 2 (08:46):
All right? Let's take our first break. This is handle
on the law.
Speaker 1 (08:53):
Law advice, where I tell you you have absolutely no case.
Speaker 9 (08:59):
Daniel, Hi, Daniel, Yes, yes, mister Fandel and the law okay,
questions it. We have a property and Figueroi Street in
front of the Collise and is and my dad died,
my mother died. My father died fourteen years ago. My
(09:21):
mom died fourteen months ago, we need to sell the house.
We are six brothers, two sisters and four brothers. Four
are in in order to sell the house. Now he's
already and designer is already for sealing the house. But
they are asking my brother did trusting number one. He
(09:47):
is putting a high price. He don't want to move now.
He don't want to sell the house now the other
board we want to sell the house. Is any way
to force my brothers to sell the Oh?
Speaker 2 (10:00):
Yes, yes, yes, yes yes. So what a couple things.
Speaker 1 (10:07):
One, you can file something that's called a partition, which
an owner of a property with another owner can force
the sale of the house, absolutely force the sale of
the house.
Speaker 2 (10:19):
And one of two things happen if you can't agree.
Speaker 1 (10:23):
If one of the parties still says no and the
other one says yes, the court will ask you first
to buy out the other side. So you've got four
of you versus two that don't want to sell. You
come up with some kind of an appraisal, and the
four of you offer to buy the two out.
Speaker 2 (10:41):
And say here's the money.
Speaker 1 (10:43):
And then if the answer is no, by the way,
listing it at a ridiculously high price is the same
as not selling it, Daniel, it's the same as refusing
to sell it.
Speaker 2 (10:54):
All right.
Speaker 1 (10:54):
So when he says, oh, I'm trying to sell it
and it's twice market value, he's not trying to sell it, Daniel.
So I'm assuming he is asking for a price that's untenable.
Speaker 2 (11:05):
So it's not going to be sold.
Speaker 1 (11:06):
Assuming that's the case, Yes, make you file this lawsuit
for partition, forcing the sale of the house, and.
Speaker 2 (11:16):
Then the court will go, why don't you buy each
other out?
Speaker 10 (11:20):
One?
Speaker 1 (11:20):
Don't the four of you buy the two of you out?
And if you cannot come to an agreement, the court
orders the sale of the house straight out. And if
you can't agree on a realtor, the court will find
a realtor for you and the property will be sold.
How much is property worth, Daniel, Well.
Speaker 9 (11:41):
I two years ago was above four million?
Speaker 2 (11:45):
Wow?
Speaker 9 (11:47):
Wow, Now they are asking they went down three point
eight and the reactor says, no, it is too high.
We need to lower the price to locate to sell.
Speaker 1 (12:00):
How much is the realtor want to lower the price too?
Speaker 9 (12:04):
To two point eight or two point nine?
Speaker 1 (12:07):
All right, you've got to do an appraisal of that house. Yeah,
you have to do an independent appraisal of that house.
You have to have a real estate appraiser to find
out what the value of the house is because if
your brother is just asking for a high price within reason.
So let's say you have a piece of property that
(12:27):
goes that's appraises from three to four million dollars and
your brother lists said at four million.
Speaker 2 (12:34):
Dollars, that's legitimate.
Speaker 1 (12:37):
That is legitimate, and you can argue will do it
less than that, he goes, I'm the trustee.
Speaker 2 (12:44):
That's what I'm going to sell it for.
Speaker 9 (12:49):
Let me mention something. This house is in front of
the southern California the qual say one, you know that area. Also,
we have a map from the city that with the
prices of the houses around and the pressure the other
(13:11):
the other properties were solved by two million each.
Speaker 1 (13:15):
Okay, so that's now we're back to You have to
get a full appraisal, a real estate appraisal, which will
deal with comps, because you don't know what those other properties.
Speaker 2 (13:25):
Maybe they were falling apart.
Speaker 1 (13:27):
Uh maybe they needed half a million dollars worth of work.
Speaker 2 (13:30):
You weren't inside them. Uh, so you have no idea.
Speaker 1 (13:34):
So you need an appraisal and then based on that
you move forward.
Speaker 2 (13:38):
And I just told you everything you have to do.
Speaker 1 (13:41):
Antonio, Hello, Antonio, Hi, how are you? Yes, sir? What
can I do for you? Everybody asked me how I am?
You don't care, and I don't care. So what can
I do for you?
Speaker 5 (13:54):
Well, we have this conundrum. We are renting this uh
business uh property from this lady and she used to
run a clich from that facility. So she asked us.
She asked us for a couple of days to retain
use of an office so she can close out all
(14:15):
the paperwork that she needs to send to the state.
So we said fine. So those days turned in two weeks,
and then we asked her, well, when are you going
to move out? She said, oh, don't pressure me. I
still not done. Please be batient with me. So now
several months later, she comes up with this amendment to
our original rental agreement in which she will use indefinitely
(14:39):
that office.
Speaker 1 (14:40):
Of course, what's your I mean, what's First of all,
you can't do an indefinite lease. I mean that just
doesn't exist. But Antonio, what is your question?
Speaker 5 (14:51):
So can we do something about it?
Speaker 1 (14:53):
Though?
Speaker 6 (14:54):
Yeah?
Speaker 2 (14:54):
You yeah you yeah, Antonio, you have victor is what
you do.
Speaker 1 (15:00):
You go to you go to an eviction attorney, and
you throw her out and you collect the rent that
she owes you.
Speaker 5 (15:09):
Okay, even though she is the landlord.
Speaker 1 (15:12):
Oh, I'm sorry, she's the landlord. And hold on, I'm
confused here. She's the landlord, but you're saying she wants
to stay there.
Speaker 5 (15:23):
Exactly. She wants to retain use of an office.
Speaker 1 (15:27):
So we have you say no, You say no, you
say no, I'm renting the office.
Speaker 2 (15:34):
I'm renting the office.
Speaker 1 (15:35):
You can you can steal evict her even though she
owns the building, because you have full control of the property.
Speaker 2 (15:43):
She has rented it to you.
Speaker 1 (15:45):
Unless the rental agreement says that she has use of
an office.
Speaker 5 (15:51):
Yeah, the rental agreement says that she has the right
to come and inspect, but she has to let us
know when she's coming.
Speaker 1 (15:58):
Okay, what does that have to do with what what
does that have to do with your use of an office?
Speaker 5 (16:03):
Exactly? Yeah, yeah, it was it was just I.
Speaker 1 (16:07):
Think you, I think you, I think you can evict her.
Now the other side of it, she's gonna evict you, exactly.
Speaker 2 (16:14):
So you've got it. You've got an issue on your hands.
I mean that's that simple.
Speaker 1 (16:18):
You know, are you prepared to be evicted or are
you prepared to give up? Uh an office?
Speaker 2 (16:22):
How big of how big a space is it? Antonio?
Speaker 5 (16:25):
It's she doesn't take much of all right.
Speaker 2 (16:29):
All right, she doesn't take much.
Speaker 1 (16:30):
If she doesn't take much, I mean, you can evict her,
but she can always evict you. Uh, you know, unless
you have a signed lease, and you can't.
Speaker 2 (16:38):
She can't during the lease. So that's your choice. You know,
it's a business choice, not a legal issue.
Speaker 6 (16:45):
You know.
Speaker 2 (16:45):
It's just that's.
Speaker 1 (16:48):
See. Sometimes I get calls or questions that have very
little to do with the law.
Speaker 2 (16:53):
They're just straight, what do I do?
Speaker 1 (16:56):
And I hate giving that kind of advice because I
don't know what I'm talking about. All right, let me
tell you about artificial intelligence AI. And this is for
business people and it is everywhere. And if your business
is not using AI, I'm willing to bet your losing
money it can make a lot more. You're losing productivity,
a competitive edge because your competitors are certainly using AI.
(17:19):
Net Suite helps you control costs and increase sufficiency.
Speaker 2 (17:22):
It's that simple.
Speaker 1 (17:23):
It's the number one cloud business management system, bringing accounting
and financial management and inventory.
Speaker 2 (17:29):
My business does.
Speaker 1 (17:30):
That and hr Every business has more and more than
one employee should do that all in one efficient business suite,
and you just your business just does a whole lot better.
You can concentrate on doing business, getting business, creating business,
maintaining making money. Let net suite do all of.
Speaker 2 (17:53):
The administrative work for you.
Speaker 1 (17:56):
So download the free CFOs Guide to AI and Machine Learning.
Go to NetSuite dot com slash handle. See if it
works for you, Willie Bett. It does, obviously no downside
NetSuite dot com slash handle. That's net suitet as in
hotel suites NetSuite dot com slash handle.
Speaker 2 (18:17):
This is Handle on the Law.
Speaker 7 (18:20):
You're listening to Bill Handle on demand from KF I
am six forty.
Speaker 2 (18:26):
Let's keep on moving on.
Speaker 1 (18:27):
This is Handle on the Law. Hey Joseph, welcome to
Handle on the Law.
Speaker 4 (18:34):
Thanks a little. Yes, how are you doing?
Speaker 2 (18:37):
Yes, sir? What can I do for you?
Speaker 4 (18:39):
Okay?
Speaker 11 (18:40):
I was involved in an accident with a police officer.
I was going I was in Riverside, I was going
through the intercession.
Speaker 4 (18:50):
I had degree. He is coming the other way, not
the other way. He was coming like to t bow
with me.
Speaker 11 (18:57):
Let's say, uh, he didn't have his sirens on. I
believe he turned on the lights as.
Speaker 4 (19:06):
He was going into the intersection and we crashed.
Speaker 11 (19:12):
It totaled my car. My head broke the windshield of
the vehicle. I was not giving us I and I
was not giving anything.
Speaker 4 (19:20):
I was just taking at the hospital.
Speaker 11 (19:21):
At the at the hospital, now the officer was badgering me,
asked me if I was drunk or if I was
on drugs.
Speaker 4 (19:27):
And I wasn't. But that was the extent of that.
Speaker 2 (19:32):
Joseph, How bad, how badly were you injured?
Speaker 4 (19:36):
I don't actually don't know.
Speaker 11 (19:37):
The hospital, even the Riverside County Hospital Versie Regional, didn't
give me any any kind of paperwork.
Speaker 4 (19:42):
They just released me.
Speaker 2 (19:44):
And right, so you can't.
Speaker 1 (19:46):
So there's no there's no paperwork that, there's no medical
report that they didn't write anything up. They just released you.
There's no record of you even going in there.
Speaker 9 (19:55):
I have.
Speaker 4 (19:56):
All I have is the wristband that they gave me,
you know, when I was there, and I took some
photos of my head.
Speaker 2 (20:04):
All right, Well, how badly banged up were you? Oh?
Speaker 5 (20:07):
I was?
Speaker 4 (20:08):
I was, like I said, my head broke the windshield.
I wasn't wearing all right.
Speaker 2 (20:12):
How badly banged up were you?
Speaker 1 (20:15):
Stitches in your head, broken skull, brains flying out, you know,
pouring out.
Speaker 4 (20:20):
Of your head. No, it was I was bloody. I
was a bloody mess.
Speaker 1 (20:25):
Concussion, stitches, concussion. They told you he had a concussion,
and they didn't give you. They didn't give any paperwork
walking out the door. M interesting, all right, all right,
you go to another doctor.
Speaker 2 (20:36):
But I'm sorry.
Speaker 4 (20:40):
No, they had me sitting in the lobby where there
was no one until someone.
Speaker 1 (20:44):
Yeah they did that yet, Yeah, you sit in the
lobby forever. Every hospital does that, So that's that that
has no.
Speaker 4 (20:51):
I was doing.
Speaker 1 (20:54):
They had you sit in the lobby and and what
they wouldn't let you.
Speaker 2 (20:57):
Out the door.
Speaker 4 (20:59):
No, I was just sitting. I didn't even know what
was going on. I'd barely come too.
Speaker 12 (21:03):
And then this is so weird.
Speaker 1 (21:06):
So you were in the hospital, you're released, and they
don't give you any paperwork.
Speaker 2 (21:11):
I have never gone to have any kind.
Speaker 1 (21:14):
Of a medical procedure where you're not handed paperwork on
the way out.
Speaker 2 (21:17):
So already this is very weird. All right.
Speaker 1 (21:19):
Uh, as far as the fault of the cop. You
said he'd turned the light on in the intersection. Do
you other than your opinion or your what you saw,
is there anything else, any other witnesses that can describe
what happened?
Speaker 4 (21:39):
I don't know. I'm I'm sure there is. I contacted
two attorneys. One of them, he said, looked into it and
all that, and he said, well, yeah, it's not your fault,
but it's a hard thing to prove because it's in
the line of duty. But that's all I know. Was
did I don't?
Speaker 6 (21:54):
I don't.
Speaker 4 (21:54):
I don't. I don't remember like dating.
Speaker 2 (21:57):
All right, So what what's your Joseph, what's your question?
What's your question?
Speaker 4 (22:00):
My question is how could I try to get an attorney?
Speaker 2 (22:04):
Yeah? Good luck. I'll tell you. I'll tell you.
Speaker 1 (22:06):
I'll tell you why it's so difficult. First of all,
proving your damages. Uh, there's no paperwork there, which I
don't understand. Uh. Second of all, it's your word against
the cops word, because there are no witnesses that are
there that can say what you did versus what the
cop did. Third of all, it's not you're not just
suing someone, you're suing the city.
Speaker 4 (22:29):
Now you're really want to sue. I just want my
I just want to my vehicle replaced.
Speaker 2 (22:34):
Then well that you may have to sue for that.
Do you have insurance at the time.
Speaker 1 (22:41):
All right, then just turning over to your insurance coming,
have them, have them replace it, they have them deal
with it.
Speaker 2 (22:47):
Just say here you go, here's my policy, and pay
inductible and just have your card done.
Speaker 10 (22:53):
One more quick question, Well, I have to comment because
they didn't give me a they didn't cite me for anything.
Speaker 4 (23:04):
And does that I didn't do it?
Speaker 2 (23:07):
No, No, it proves nothing. It proves they didn't give
you a ticket.
Speaker 1 (23:12):
That's what it proves. It proves they didn't give you
a ticket because you're so complicated. You have no paperwork,
you have no proof of medical issues. Uh, there's no
proof of who was that fault, even though you say
I think his light.
Speaker 2 (23:26):
Was turned on. No, no, there's uh no.
Speaker 1 (23:31):
There's no.
Speaker 2 (23:32):
It doesn't work that way. Michelle him Michelle, welcome, go ahead.
Speaker 13 (23:40):
Our house is adjacent to a city park and there
are large pine trees. Uh, and they just put tons
and tons of pine needles into our backyard and our pool.
And we're wondering if we can through the city.
Speaker 2 (23:56):
Yeah, yep. Here, here's what you do. First of all,
you make a claim.
Speaker 1 (24:02):
You have to claim before you sue, all right, and
they're gonna deny. Yeah, you have to make a claim
in the city here, pine needles, ruining our pool whatever,
and they're gonna deny it because they deny everything. I mean,
they never turn around and accept liability for anything. Then
you turn around, you sue, and it's a question of
(24:24):
whatever it costs you X number of dollars it costs
you to clean it up, and then you go to
you go to small claims there.
Speaker 2 (24:34):
Then you do it again. But you have to give
them notice.
Speaker 1 (24:38):
You have to say I'm gonna sue you, and then
you sue them, and you just keep on going and
going and going. You may also want to talk to
your city city council person and see if they can
do something about that. But I don't know, But I
don't know what they can do. Do they remove the trees?
Speaker 13 (24:54):
No, they won't remove.
Speaker 1 (24:55):
Them, No, I know. But here's my question. Do they
remove the trees? That's the question. And I don't know
if the city is prepared to remove the trees. So
you're stuck between a rock and a hard place unless
some arrangement is made where the people that clean up
the park, that deal with it, that maintain the park,
(25:16):
and those are city employees. Somehow a deal is cut
between you and them so they come in and clean
up your place as a matter of maintaining it. Nothing
easy here, but yes, you can turn around and see
the city.
Speaker 2 (25:28):
It's really bad. Dan, Hello, Dan, Welcome.
Speaker 13 (25:33):
Hi Bill.
Speaker 14 (25:35):
Yeah, I just had a question about a trust. Yes,
after signing the release and approval of first and final
account by trustee, I made a mistake by signing it,
and I'm wondering is do I have the ability to
fight the after sting.
Speaker 1 (25:56):
I probably do, because you're gonna argue you mistakenly signed it.
Speaker 2 (26:03):
Yeah, I think I think I think you can set
it aside.
Speaker 1 (26:06):
Has the money already been distributed or we're just talking
about you agreeing to everything.
Speaker 14 (26:12):
The money has not been distributed?
Speaker 2 (26:14):
Okay, then you're okay.
Speaker 1 (26:15):
Then you're okay, Then you are then you should be okay.
Then what you do is you walk into court. How
much money are we talking about here, Dan.
Speaker 14 (26:24):
About probably one hundred and forty dollars or so.
Speaker 1 (26:26):
I would have I would have a trust and a
state lawyer walk in and represent you, and yeah, I
wouldn't do this on my own, not for that much money. Yeah,
but I think you can have it set aside based
on mistake. And then the lawyer is going to come
up when this is why I want you to have
a lawyer. Lawyer is going to come up with reasons
that are relevant. For example, you saying I didn't pay attention, that's.
Speaker 2 (26:50):
Not going to fly. I was confused. That's going to fly.
Speaker 1 (26:56):
Okay, okay, yeah, so I go ahead.
Speaker 14 (27:00):
I'm sorry, I didn't see the trust until after I
signed it. Actually between what do you mean you didn't see?
Speaker 1 (27:06):
You signed a letter saying I accept the trust and
you hadn't seen the trust yet.
Speaker 7 (27:12):
Yes, you're right.
Speaker 1 (27:13):
Okay, So here's your defense. Okay, all right, here's another
defense that might fly. I'm a moron, your honor. I
am so stupid. You can't believe it that I have
to be the dumbest person you have seen this year.
How about that for a defense? You need a lawyer. Yeah,
you want to trust in a state lawyer on that one?
(27:35):
Oh god, sure, I'll accept everything. What I haven't seen
it yet, I have no idea we are in a
changing world, the economy, technology, education, But there are a
couple of things that don't change.
Speaker 2 (27:51):
One of them, I'm an ass I always have been.
Speaker 1 (27:54):
And the other one is the success of Zelman's mentee mouth.
These are little cas that you swallow and at the
end of sucking off the minty coding, you either bite
into them or swallow, and they go into your gut
where they begin to work on the bad breath of
smelly breath in your stomach as well as in your mouth.
(28:14):
There's the difference Zelman's minty mouth if you're interested in
fresh breath.
Speaker 2 (28:20):
If you're like me, garlic onions. I love those.
Speaker 1 (28:23):
Coffee in the morning. Those all cause bad smelly breath. Zelmans,
It's a different animal completely. Go to Zelmans dot com.
Use the code KFI fifteen percent off until the end
of the month.
Speaker 2 (28:36):
Z E L M I N S dot com.
Speaker 1 (28:39):
Use the code KFI Zelmans dot com.
Speaker 2 (28:43):
This is handle on the law hight Welcome back. Handle
on the Law Marginal Legal Advice. Vita Hi, Vita, welcome Hi.
Speaker 15 (28:53):
How are you?
Speaker 2 (28:53):
Yes, ma'am?
Speaker 15 (28:55):
I love your show.
Speaker 2 (28:57):
Of course you do.
Speaker 15 (28:57):
I want I do for you, all right?
Speaker 2 (29:01):
So I.
Speaker 15 (29:03):
Went to an attorney that was that I had known
from a like long long time ago, and then I
asked him to do some revision on my trust. I
went there with my sister and I asked him how
much is this going to cost? He said anywhere from
three to five thousand dollars. I said, okay. So he
(29:27):
worked on it and we went back.
Speaker 13 (29:30):
And forth to review it, and when he finished.
Speaker 15 (29:33):
He said that it's going to be ten thousand dollars.
I said, this is not what we agreed on. And
I didn't ask you to do any more than what
we had agreed on. And why are you charging me
twice as much as what you had quoted me? He said, well,
(29:53):
I didn't know that he was gonna take so much time,
and I did the work and I should be paid
and pay me any time you can make payments, but
that's what's going to be. And before, because I've known
you for a long time ago, I give you a
ten only one thousand dollars discounts. So I'm very uncomfortable
(30:17):
with it.
Speaker 2 (30:17):
She did, of course you are. So he still was
holding under the trust right vena.
Speaker 16 (30:23):
Uh, he he has my trust. I do have the
the changes that is that he made because I.
Speaker 2 (30:36):
Have you have the changes in the document in the trust. Correct,
your trust is.
Speaker 15 (30:41):
Finished in my my, my, my original trust he has
because he and you don't have.
Speaker 2 (30:47):
A copy of your original trust.
Speaker 15 (30:50):
I think I do in my yea, probably my email.
Speaker 1 (30:55):
The original trust. By the way, how complicated is your trust?
Speaker 15 (31:00):
It's not, it's you know. It just says it's a
very simple trust.
Speaker 1 (31:05):
Rita, you got ripped off, Vita, you got ripped off badly.
Speaker 15 (31:09):
But what am I going to do with him?
Speaker 1 (31:12):
Well, first of all, you're gonna put You're going to
demand the that you you demand your trust, you finish trust.
How much have you paid him?
Speaker 15 (31:21):
I haven't paid him anything.
Speaker 1 (31:23):
Good, Demand your trust immediately. If he doesn't give it
to you, you're not to pay him at all until
you negotiate.
Speaker 2 (31:32):
You want to mediate with.
Speaker 1 (31:33):
The local bar association. And I would turn him into
the state bar for excessive charging, because that is crazy.
Ten thousand dollars for an uncomplicated to change an uncomplicated,
simple trust adding a couple of provisions for ten thousand dollars,
that is insanity.
Speaker 4 (31:56):
Okay, that is a You've.
Speaker 2 (31:59):
Been ripped off.
Speaker 1 (32:00):
If you pay it, you're ripped off call the bar,
put in a complaint to the bar Association and say
he is holding my trust and he wants ten thousand
dollars for this change.
Speaker 15 (32:15):
Okay, now you said that to negotiate through who you.
Speaker 2 (32:19):
Can mediate it.
Speaker 1 (32:20):
But I don't even know if i'd mediate it. Yeah,
I wouldn't even media.
Speaker 2 (32:24):
I just go straight to the bar. I would just
turn him on.
Speaker 1 (32:27):
I would just literally just make a complaint to the
state bar for excessive charging and extortion that he won't
let you have your trust unless you pay him ten
thousand dollars. That is totally violating every ethical canon you
can imagine.
Speaker 2 (32:43):
Yeah, I'd go to the state bar. That's crazy.
Speaker 1 (32:46):
That is crazy charging ten thousand dollars for a change
on a simple trust. First of all, a simple trust
shouldn't cost more than one thousand or maybe fifteen one
hundred dollars at the outside.
Speaker 2 (33:03):
All right, Kenny, welcome to handle on the law.
Speaker 4 (33:06):
Good morning, Bill.
Speaker 12 (33:07):
Yes, I ran an apartment at a large complex and
one of the apartment employees went to management and claimed
I threatened them with physical violence.
Speaker 4 (33:21):
What should I do?
Speaker 1 (33:22):
Well, Okay, let's start with have they done anything, kicked
you out, gave you a warning, find you anything at all.
They surprised me with a verbal warning, and you came
back and said none of that is true.
Speaker 2 (33:38):
Yes, okay, anything as a result of that, or they
just dropped it at that point.
Speaker 4 (33:44):
No, that was just yesterday.
Speaker 2 (33:46):
Okay.
Speaker 1 (33:47):
Well at this point, first of all, I would call
the police and fill a police report in just say hey,
I was threatened, I was threatened with violence, and get
a police report going.
Speaker 2 (33:59):
That's for starters.
Speaker 12 (34:00):
Who they claim I threatened the employee.
Speaker 2 (34:04):
Okay.
Speaker 1 (34:05):
Then well then you sit back and you do nothing. Then, Kenny,
I thought it was the other way around.
Speaker 2 (34:11):
You do nothing. There's nothing for you to do.
Speaker 1 (34:13):
All you do is tell the homeowner association the HOA,
that's not true. And when he does it again and
says that somehow you threaten him, we'll see if the
police pick you pick up something on this where they
come out and you deny that and at.
Speaker 2 (34:31):
Some point you consume him for harassment.
Speaker 1 (34:34):
Matter of fact, I would start there right now is
next time he threatens you, say hey, this is not happening, right,
I am not threatening you.
Speaker 2 (34:43):
I'm putting it down, writing it down. As a matter
of fact.
Speaker 1 (34:46):
What I would do is record it. Take out my
phone and go, hey, go ahead and threaten me. What
did you just say, Let's record it? So you just
got to come back. There's nothing for you to do
at this point. There really isn't other than deny.
Speaker 2 (35:02):
Okay, all right, that's it, you know, Devon hi, devon.
Speaker 5 (35:09):
Hey Bill.
Speaker 8 (35:10):
This is the second time the landlord has taken us
to court for eviction, unlawful detainer for no payment the rent.
We withheld the rent because of uninhabitable living conditions, mold,
roach infestation, and no heat. We emailed the landlord for
about a year and a half. Finally, the first go round,
the judge ordered him to remediate and fix the heat.
Speaker 1 (35:32):
The mold.
Speaker 8 (35:34):
He ended up painting over the mold.
Speaker 2 (35:36):
He remember, I remember the phone call. Okay, all right,
so now what's your what's your question now?
Speaker 5 (35:43):
All right?
Speaker 8 (35:43):
So my question is, uh, first off, we requested.
Speaker 2 (35:47):
The jury trial.
Speaker 8 (35:48):
They didn't want one. The judge rewarded us a jury
trial coming up here. My question is, if this goes
the trial, what can you see the outcome being.
Speaker 2 (35:57):
It can be pretty healthy, It can be pretty healthy.
Speaker 1 (36:00):
First of all, you're going to prevail like you did
the last time, because you have a proof in the world,
and you are going to argue how difficult it was
for you to live the kind of I think you
can even offer argue emotional damage here, argue well, you
(36:21):
can argue almost anything there. And I think the jury,
based on what you said, the jury's going to nail him.
I mean, I think you may end up getting You
may get tens of thousands of dollars on this, if
not more. He is nuts to go to a jury
trial based on what you said. I don't get it
at all, but I think you're going to be just
fine on that. You won every single time. And now
(36:44):
you're in front of a jury and you're showing how
miserable it is and how the infestation and how you
had to live and you can't afford any place else.
Speaker 2 (36:54):
Oh god, yeah. Can you imagine what a jury's going
to do on that one.
Speaker 1 (36:58):
Hey, I want to tell you about chronic pain. If
you happen to live in chronic pain pain all the time,
or know someone who does, or treats someone, you know
how miserable it can be.
Speaker 2 (37:10):
I happen to live with someone who.
Speaker 1 (37:12):
Suffers from chronic pain, my wife, and it kills me
to see her suffer that much, and so I'll tell
you what she did to deal with it is she
created the Pain Game Podcast. The Pain Game Podcast is
about dealing with pain, is about dealing with trauma and
does it help you?
Speaker 2 (37:32):
Bet?
Speaker 1 (37:33):
Now?
Speaker 2 (37:33):
Does it relieve pain.
Speaker 1 (37:35):
Sometimes depending on the treatment they talk about, but more importantly,
it helps you deal with the pain. Every episode ends
with a message of hope. By the way, there are
that she talks to experts and say why don't you
do A, B, C and D. And there's some huge
successes there. But you're going to understand that the show
is about giving pain purpose. I know that sounds weird,
(37:55):
but once you listen to it, you'll know what I'm
talking about. It's the Pain Game podcasts. Believe me, it
helps a lot of people chronic pain. Yeah, listen to
the Pain Game Podcast. Season three just started. Pain Game Podcast.
This is Handle on the Law.
Speaker 7 (38:15):
You're listening to Bill Handle on demand from KFI AM
six forty
Popular Podcasts
Stuff You Should Know
If you've ever wanted to know about champagne, satanism, the Stonewall Uprising, chaos theory, LSD, El Nino, true crime and Rosa Parks, then look no further. Josh and Chuck have you covered.
24/7 News: The Latest
The latest news in 4 minutes updated every hour, every day.
The Joe Rogan Experience
The official podcast of comedian Joe Rogan.