Episode Transcript
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Speaker 1 (00:00):
You're listening to kf I AM six forty the Bill
Handles show on demand on the iHeartRadio f kfive AM
six forty Bill Handle Here. It is a Saturday morning.
Speaker 2 (00:14):
As we continue with the Legal show for one.
Speaker 1 (00:17):
More hour, followed by Rich the Mureau with the Tech
show and the phone number here as always top of
the hour. Best time to call naturally eight hundred five
two zero one five three four. Eight hundred five two
zero one five three four is the number to call,
and we have a couple lines open.
Speaker 2 (00:35):
Pretty good.
Speaker 1 (00:36):
We had a slow start on the phone calls this morning,
but we're doing a who lot better. Eight hundred five
two zero one five three four. This is handle on
the law marginal legal advice where I tell you you
have absolutely no case.
Speaker 2 (00:53):
Now.
Speaker 1 (00:54):
You may not know the name Maureen Comy Comy, maybe
because Comy is the daughter of Comy James Comy, the.
Speaker 2 (01:05):
Former FBI director and to the.
Speaker 1 (01:09):
Least to no small extent and adversary of President Trump,
which is kind of interesting because Comy was probably more
responsible for his win over Hillary than anything else, because
he had released a statement about Hunter Biden's his computer
(01:29):
that had mentioned Hillary Clinton, and therefore he that is,
Comy goes out and says, we are looking at the
connection with Hillary Clinton and these illegal emails.
Speaker 2 (01:41):
Well that did it.
Speaker 1 (01:42):
That was eleven days before the election, and that basically
put Trump over the top. I think so in any case,
So his daughter, Maureen Comy is a federal prosecutor, actually
a former federal prosecutor, and she worked on the criminal
case against Jeffrey Epstein and Julayell. And you would think,
(02:03):
you know, the two wouldn't be connected to the president. Well,
it turns out that the president is connected to Jeffrey
Epstein because of this this Epstein file case. And it
won't go away because Epstein theoretically had this file which
doesn't exist.
Speaker 2 (02:23):
Does it not exist? Who the hell knows?
Speaker 1 (02:25):
And these were names on this file of people who
either were clients of or hung out with Jeffrey Epstein.
And Epstein, of course, was first convicted of having sex
with minors and then was arrested again a few leads
years later of doing exactly the same thing and trafficking
and sending miners over to his private island and having
(02:48):
his friends get involved with these sexual escapades. And the
question is was Trump was Bill Clinton any part of
that were other public fai. Here's Prince Andrew, for an example,
got a lot of trouble because there's pictures of him
with these young girls, and so the politics of that
(03:11):
are a different story. Because the government said no, there
is no list, after the Attorney General Pam Bondi said yes,
there is a list, and the while the actually now
the director of the FBI and the number two in
the Homeland Security is saying, we're adamant about saying yes
(03:38):
the list exists.
Speaker 2 (03:38):
Yeah, this is.
Speaker 1 (03:39):
During the Obamba years and certainly during Biden years.
Speaker 2 (03:44):
Yes the list exists. Now they're saying the list doesn't exist.
Speaker 1 (03:47):
And even the conservatives, the MAGA supporters of Donald Trump,
are saying, hey, we want to see what's going on.
So that's up in the air. In the meantime, Maureen
Comi was on the criminal case.
Speaker 2 (03:59):
She worked on the.
Speaker 1 (03:59):
Case Jeff Epstein and Julane Maxwell fired straight out fired.
Speaker 2 (04:06):
Was it because of this?
Speaker 1 (04:08):
I don't know, because even if it is, I don't
see the connection. And so she got a letter saying
she was fired. Interesting letter because in the letter it
cited Article two of the Constitution and describes the powers
of the president. That's according to two people who are involved.
(04:28):
And why would you say that? You know, that's according
to Article two of the Constitution. The president has the
right to fire you.
Speaker 2 (04:35):
Who would say that?
Speaker 1 (04:36):
Of course, the president has the right to fire her.
She's a federal prosecutor. She works for the president. So
I wonder why this became a huge story and why
the firing took place, And I just don't get it.
Speaker 2 (04:51):
And why wasn't she fired before?
Speaker 1 (04:54):
I guess only when the Epstein story broke and somehow
any connection. I mean, senior FBI agents have been fired
because they were part of the investigation against Trump and
the election. They were ordered to do so, but they've
been fired and it didn't matter. I mean, what are
(05:14):
they supposed to do? Say no in subordination at the time.
So anyway, it's obviously really interesting stuff to say the
least fair enough. Let's go ahead and take a phone
call or two here, Douglas, Hello, Douglas, welcome.
Speaker 3 (05:31):
Hey, Bill.
Speaker 4 (05:34):
Worked at doub for a few years, got terminated on
June nineteenth. You said they were going to give me
my final paycheck. Within the seventy two hours that came
and went.
Speaker 5 (05:44):
A few weeks later, I.
Speaker 4 (05:45):
Called the whole corporate headquarters and asked, hey, what's up
with my check? And they kid, don't get me to
run around? So I said, what to find out? Like,
what what do I do next?
Speaker 2 (05:56):
Okay?
Speaker 1 (05:56):
What you do is you go to the State of California,
because that's the violation of war, and you don't sue,
you don't do anything. You go to them and report,
report that, make a claim and then now you have
the State of California going after them on your behalf,
a lot more powerful than anybody you can hire or
have going for you on a personal level. So it's
(06:18):
the Department of Industrial Relations Wage Enforcement Division, State of California.
That's where you go, and that's all you have to
do and make that claim.
Speaker 2 (06:29):
Everett, Hi, Everett, welcome, Hey bo, how are you doing? Yes, sir,
what can I do for you?
Speaker 5 (06:36):
Okay? So, my mom's eighty five years old. She had
glaucoma and cataracts in her last eye. So I took her.
She got a REFRILL. She's on Medicaid. She got to Refril,
got approved. I took her to her consultation and they
told us that it was just going to be a
simple procedure maybe a half hour. They were going to
(06:57):
put a lens inside her eye and clear out the
cataracts and she'd be fine. Well that didn't happen because
we got home and my mom's head started pounding. She
was crying. She was in so much pain. So I
called the doctor. They said, wait it out, take time
and all. So the next day we took her back
because she was still in pain. Long story short, she's
(07:20):
blind now out of that eye and has been for
the past three months. And we went back and got
a second referral consipation. But it was through the same
doctor's office that did it. So they're saying that there's
she got a blood clot in her eye. They tried
(07:42):
to remove it, they couldn't get it all. But I'm
just wondering, is there a lawsuit or something we can get?
Speaker 2 (07:50):
Yeah, no, I get it. I mean she's blind, not
in both eyes, she's buying.
Speaker 5 (07:54):
In that one eye left back. It doesn't matter.
Speaker 1 (07:57):
Yeah, so you have a case. Maybe, And here's what
I say, maybe, just based on the facts. Here's the
surgery they blew.
Speaker 2 (08:07):
Theoretically.
Speaker 1 (08:09):
Now, when she signed her consent form, which everybody has
to sign, two things Number one, probably she has to
go to arbitration in the event of a dispute like this.
And two, there is a small percentage of people who
have problems like this no matter what the doctor does.
So the problem here is proving that what the doctor
(08:31):
did caused the blood clot that caused the eye to
go blind, and that's connecting the dots. It isn't that
clear because there's X percentage of people develop they developed problems,
(08:52):
you know, for example, clots and blood issues, and we
don't know. It could be that the doctor didn't malpractice
at all, did everything the doctor was supposed to do,
and this developed because let's say two percent of the
people had developed one percent and she may be within
that or it could be the doctor malpractice.
Speaker 2 (09:10):
So you got to go to a medical malpractice journey.
Speaker 5 (09:15):
Okay, because they never said that this was a risk.
Speaker 2 (09:18):
Because they did.
Speaker 1 (09:19):
Yeah, yeah, yeah, they did read the document.
Speaker 2 (09:24):
Read the informed concern. Yeah, the document.
Speaker 1 (09:29):
When we went for the act, Well, you know, what
are they going to do, go through Hang on a minute,
they're going to go through a list of everything that
can happen. They'd be talking to you for forty five
minutes just going through the list.
Speaker 5 (09:41):
Well, if they would have mentioned that there was a
chance that she would be blind years old.
Speaker 3 (09:45):
We wouldn't.
Speaker 2 (09:46):
Okay, how about this?
Speaker 1 (09:47):
If they had mentioned that she could have died under
the anesthesia, If they had mentioned that she was going
to be looking sideways, if they had mentioned she was
going to have horrible headaches, if they had mentioned that
she was going to have nightmares, if they had mentioned
she was going to lose her feeling in her face.
Speaker 2 (10:04):
If they had mentioned if they had mentioned do you
see the problem?
Speaker 1 (10:10):
Yeah, it's in the document, but doesn't stop you from
going to a malpractice attorney, a medical malpractice attorney, because
it could be that the doctor blew it. And then
what happens is the notes will be given to another
doctor who will do a consultation. The attorney does this,
The attorney handles all this. Zilman's been tea mouthed. Now
(10:33):
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smelly breath, and that happens to every one of us.
You wake up, you got morning breath. You drink coffee,
you got coffee breath. This morning, for example, I had
locks and bagels, smoked salmon on top of my bagel
(10:53):
with cream cheese. You think my breath doesn't smell like
cream cheese and locks and of course morning breath and
the coffee I had it happens. So let me suggest
Zelman's minty Mouth. Zelman's mintymouth are these little capsules that
are covered with a very strong mint. You pop two
or three in your mouth and you suck on the
(11:14):
mint part and then when that disappears, you either swallow
or you bite into the capsules, and they're parsley seed
oil in the capsules that go to work inside your stomach.
And that's where bad breath can start, and no mint
takes care of that at all. So here is the
offer from Zelman's until the end of the month, fifteen
percent off your order. Fifteen percent off your order of Zelmans.
(11:38):
Go to Zelmans dot com and the code is KFI
Zelman's Z E L M I N S Zelmans dot
com and the code is KFI. This is KFI AM
six forty. This is handle on the law KFI AM
six forty bill handle Here on a Saturday morning, I
(12:01):
just want another forty minutes to go till the end
of the hour, and we have phone calls. Welcome back
to handling the law marginal legal advice.
Speaker 2 (12:12):
Garrett. Hello, Garrett, Yes, sir.
Speaker 6 (12:15):
Hello, Yeah, Yeah, I actually designed and built and tested
a product.
Speaker 7 (12:26):
That it's primarily for the elderly and or the disabled, Okay,
And from what I can tell from my research, it
doesn't look like as anything even remotely lightness on the market.
So I'm looking to get a patent on this.
Speaker 8 (12:47):
Now.
Speaker 7 (12:48):
I believe I can actually apply for a patent on
my own. But I'm just wondering if you would suggest
that I in fact did a patent attorney.
Speaker 1 (12:58):
No, you don't need a patent attorney, but you do
need to do a patent search, and there are companies
that do that. Just because something is not on the
market does not mean it hasn't been patented. And you
cannot patent a device a product that is so close
to a patented a patented device that you cannot they
(13:22):
want to issue a patent, and there are companies that
do patent searches.
Speaker 2 (13:26):
This is what they specialize in.
Speaker 1 (13:28):
And it's not inexpensive. I mean, the last time I looked,
which was years and years ago, about it just too
for the hell of it, was about fifteen hundred dollars.
So today, I wouldn't be surprised if it's two three
thousand dollars. But that has to be done even a
patent attorney. The first thing the patent attorney will do
will hire a firm that does that does research, a
(13:53):
patent search, and then if the people that do the
search say no, there's nothing pretty close on this, you're
clear to go.
Speaker 2 (14:03):
Then you file for the patent. You can do it
on your own.
Speaker 3 (14:07):
Now.
Speaker 7 (14:09):
So I'm just curious on your website, do you have any.
Speaker 1 (14:12):
No, No, we don't. No, nope, no, unfortunately we don't.
There's a specialty and you get to look for one
on your own. I mean, people do ask, but the
handle on the law dot com really only does personal
injury because it's pretty clean personal injuries. It can be
very complicated, but it's real simple.
Speaker 2 (14:31):
Heye, someone injured you. Here's what your negligence is.
Speaker 1 (14:35):
Here's how you screwed up, and how I got hurt
and how badly did I get hurt?
Speaker 2 (14:42):
What are the damage is there? Okay? Maria, Hi Maria, welcome.
Speaker 9 (14:49):
Hi Bill. I'm in California and my dad passed away
in May. I have five kids, five siblings in this,
and I'm the only one that wants to buy out.
What is my statues? And if I'm able to get
a copy of my dad's death certificate, what should I do?
Speaker 2 (15:08):
Well, that's easy, that's a public document. You just file.
Speaker 1 (15:11):
You go to the county clerk and they'll have a
copy of the death certificate and.
Speaker 2 (15:15):
You're going to look at it instantly.
Speaker 1 (15:17):
And why do you need a copy of the certificate, Maria, I.
Speaker 9 (15:21):
Don't know, just in case I need to look into
some things. My brother takes forever for doing this. He
and I had a little falling out last week.
Speaker 1 (15:30):
Okay, all right, so let me ask you this. Was
it a trust or was the property in your dad's name?
Speaker 9 (15:37):
The property is in my dad's name, and from my understanding,
the will is kind of incomplete. And they my brother
has the lawyer to take care of my dad's affairs
because he's a veteran, and we were talking about the
situation and he got upset and he goes, let's just
do whatever we can to buy you out.
Speaker 2 (15:55):
That's what he said. That's what he said. They want
to buy you out.
Speaker 1 (15:58):
Okay, determine a price, uh, and say here it is.
And if they say no or you say no, then
they have to go in and do a partition forcing
the sale of the property. And that can be done
and the determination of how much is property worth. Then
who's ever the trustee of the sale, who's the court
(16:21):
will sign, figures out what the value the property is,
puts it and says here it is, here's the value.
And if you simply say no or yes, then you
go to court as to the value of the property.
So it can get complicated. So your brother wants to
buy you out, right, do I have that right?
Speaker 9 (16:39):
Correct? Because alicially he wanted to keep it in the family.
Speaker 1 (16:41):
Okay, I understand that, but why why So let me
ask you, why wouldn't you say yes?
Speaker 10 (16:47):
What? Oh?
Speaker 9 (16:47):
Yes, I said yes when he bought that up. I'm
all for it. I do want to be bought out,
absolutely so.
Speaker 2 (16:52):
All right. So, and he's not willing to move on it.
Speaker 9 (16:56):
I have a feeling he won't. This just happens.
Speaker 1 (16:58):
Then you do, Then you do, then you okay, Then
you do the partition and the court will order the
property to be sold. That's all okay, all right, you're
fine on that. Not complicated. Now, if you happen to
be living in chronic pain, or you know someone who
does live in chronic pain.
Speaker 2 (17:17):
I mean pain all the time. I mean a lot
of pain.
Speaker 1 (17:20):
I happen to live with someone who does exactly that. Lindsey,
my wife, is constantly in pain. It's just twenty four
to seven.
Speaker 2 (17:27):
That's how it works for her.
Speaker 1 (17:28):
And I feel helpless and she hurts. And so what
she did is create the Pain Game Podcast to help
her as well as to help other people who are
suffering like she is, or suffer from trauma. And every
episode of the Pain Game Podcast, what it does.
Speaker 2 (17:44):
Is give pain purpose. You understand that.
Speaker 1 (17:47):
And I know this sounds weird, but once you listen
to the podcast, you'll see exactly what I'm talking about. So,
if you live in chronic pain, or know someone who does,
or you're treating someone who does and it's part of
your life, let me suggest the Pain Game Podcast. Pain
Game Podcast, and every episode ends with a message of hope.
(18:09):
You could follow on social at The Pain Game Podcast.
Season three is now in full force. Listen to the
Pain Game Podcast. This is Handle on the Law.
Speaker 8 (18:23):
You're listening to Bill Handle on demand from KFI AM
six forty.
Speaker 1 (18:30):
KFI AM sixth forty Bill Handled here on a Saturday
morning at last half hour of the show, and at
the top of the hour, I'm going to continue making
phone calls after the show off the air, and so
I'll give you a little bit more information about that.
Speaker 2 (18:47):
So you have a chance to get your calls.
Speaker 1 (18:48):
Your question is answered, no matter what, and I'll tell
you about that towards the end of the show. Back
we go more Handle on the law Marginal legal advice.
Speaker 2 (18:58):
Brian, Hello, Brian, Welcome.
Speaker 3 (19:01):
Hi Bill.
Speaker 11 (19:02):
I believe I qualify as a putative spouse. I was wondering,
can I use a pairalegal to help me with this?
Speaker 3 (19:10):
If?
Speaker 1 (19:10):
Okay, tell me what's going on you you qualify as
a putative spouse.
Speaker 2 (19:14):
Explain this to me.
Speaker 11 (19:17):
We were married, the minister never sent in the paperwork.
Speaker 2 (19:21):
Okay, you know what that You know what that meant? Yeah,
you know what that means legally.
Speaker 1 (19:28):
Nothing, you No, it means plenty. That means you were
not married. That means you were living That means you
were living together for a whole bunch of years.
Speaker 3 (19:40):
Right now.
Speaker 1 (19:41):
For example, I got married in Italy. Okay, Italy. It
just so happens. There's no such thing as religious weddings
in Italy, you know, the clergyman or the priest does
his thing. And here in this country, uh, the clergy
a clergyman or the clergy person signs off on the
(20:02):
certificate that's filed and that is a legal marriage Italy
only civil marriages are allowed. So unless you go in
front of the county clerk, unless you go in front
of someone who has the authority as in a county
clerk or a city clerk, you're not married.
Speaker 2 (20:21):
So you can argue you're a putative spouse.
Speaker 1 (20:25):
That's all you are is a putative spouse, meaning I
think I am, I should be everything but a technicality.
Speaker 2 (20:33):
But you know what, Brian, you're not. But tell me
why you want to be.
Speaker 1 (20:37):
What are the circumstances that you want to prove that
you're married?
Speaker 11 (20:43):
Seeing the person I'm married is to say, a very
toxic person is to put it mildly. So I could
give you plenty of examples.
Speaker 2 (20:58):
No, no, it doesn't matter.
Speaker 1 (20:59):
So let me ask you, how does it help you
to be a spouse as opposed to a putative spouse.
Speaker 11 (21:04):
Well, I believe I have more rights than than I was.
Speaker 2 (21:09):
Then I it depends on what it depends on what
you're looking for spousal support.
Speaker 1 (21:15):
It doesn't matter most of the certain pensions. It matters
big time under a quadro, for example, where you would
get a portion of her pension certainly during the time
of her marriage that built up real estate.
Speaker 2 (21:32):
It doesn't matter.
Speaker 1 (21:33):
Are you or are you not on the Are you
or are you not on the d So what are
you concerned about just generally getting married?
Speaker 11 (21:46):
No, with we need to I need to leave. It's yeah,
I have I have to leave.
Speaker 2 (21:52):
It's not okay, So you're leaving.
Speaker 1 (21:53):
So you're okay, So you're leaving the putative marriage. You
got to bail out of there. Okay, So you're leaving
someone you've lived with for how.
Speaker 11 (22:00):
Long Brian twenty five years?
Speaker 2 (22:03):
Okay, what do you want?
Speaker 11 (22:08):
She makes a lot more money?
Speaker 3 (22:10):
Ah?
Speaker 2 (22:10):
Okay you want? Okay, how about that? You want?
Speaker 1 (22:12):
You want support? Basically, you want spousal support. Right, it
doesn't matter if you're married or not. You're in the
same position you've been living together and in Under California law,
the marriage certificate means nothing. What else would you like?
So therefore you don't need to be amputative or any
other spouse. So what else would you be looking for, Brian,
Does she have a healthy pension plan?
Speaker 2 (22:33):
For example?
Speaker 10 (22:34):
Yes?
Speaker 1 (22:35):
Okay, even then, you are probably entitled to something and
you have to talk to a divorce attorney about it.
And I'm assuming she earned quite a bit during the
course of the marriage.
Speaker 2 (22:44):
Do you have a pension plan?
Speaker 3 (22:47):
No?
Speaker 2 (22:48):
Okay? How much money does she make versus what you make?
Speaker 11 (22:54):
Over one hundred grand?
Speaker 2 (22:56):
Over one hundred grand more than what you make.
Speaker 11 (22:59):
Correct, well, seventy five eighty more.
Speaker 2 (23:03):
Yeah, yeah, that's pretty healthy. Okay.
Speaker 1 (23:07):
You're probably entitled to spousal support, so you get to
talk to and property or portions of property. Yeah, you
go to a divorce attorney, family law attorney, and you
sit down and you want to file pretty quickly. Twenty
five years of marriage gives you a lot of oomph
and putative spouse business. Yeah, it has some some influence,
(23:31):
some ammunition there, but it's the twenty five years you
have been together as everything.
Speaker 11 (23:35):
I called a couple of attorneys and they weren't interested in.
Speaker 1 (23:38):
The found because it gets pretty complicated, and so it
just call a couple of more.
Speaker 2 (23:45):
I mean, attorneys tend to be kind of lazy actually,
and you know, I don't know what to tell you.
I do not know what to tell you. Pierre. Hello, Pierre.
Speaker 8 (23:58):
My brother in law is and he just got married.
He owns a house. If he dies, the new wife
get the house.
Speaker 2 (24:08):
No, if it's in his name, he can do whatever
he wants with it.
Speaker 1 (24:11):
Now if he does not write a will, okay, or
the house does not go into a trust. And let's
say the family files what's called an intestinate, an intestacy
which means we have no will.
Speaker 2 (24:27):
We have to split up the money.
Speaker 1 (24:29):
The current wife gets half and the children get the
other half.
Speaker 2 (24:35):
So the easy way for him to do it says
he owns.
Speaker 1 (24:37):
The house, Pier is put it in a trust or
leave a will that says my house is to be
sold or given to whoever.
Speaker 2 (24:47):
And that's why he protects himself. Okay. And you know,
obviously don't like you like the current wife.
Speaker 8 (24:55):
I like her, but the whole family hates her.
Speaker 2 (24:57):
Oh good, good. How old is your brother?
Speaker 8 (25:00):
He's seventy five, she's forty.
Speaker 1 (25:03):
Oh I thought you were going to say she's seventy.
He's seventy five and she's twenty two. Okay, so you
only have twenty five you got.
Speaker 2 (25:12):
Forty, you have thirty five years difference. Good for him.
Speaker 8 (25:17):
Yeah, he almost did what you did, but he failed.
What does that mean meaning I'm sure he would have
left to get a younger one.
Speaker 1 (25:29):
He did, he got married to a woman forty years
and younger than he is.
Speaker 8 (25:36):
Yes, but you still got Indeed.
Speaker 1 (25:42):
I'm sorry, I totally missed that. I have no idea
what that's been about.
Speaker 4 (25:48):
Paul.
Speaker 2 (25:48):
Hello, Paul, welcome to handle on the law.
Speaker 10 (25:53):
Yeah, I do on right now.
Speaker 2 (25:56):
Yeah you are.
Speaker 10 (25:58):
Okay. Hey, I'm going to dispute with a with a
pool company. I have a sixteen year old pool and
I always took care of it myself, but I just
about sixty nine years old and it got to be
a little too much. So the end of June, I
hired a you know, make this company, and when we
were doing the initial walkthrough, he had convinced me to
(26:20):
replace the filter, which was sixteen years old, and you know,
so I said, okay, and then I showed him that
three of my spadjets were clogged and they've been clogged
for like five years because when it happened was during
COVID and my income was way way down. So I
just we just got used to it. So he said,
sent me an estimate for the replacement of the filter
(26:41):
and then for replacement, removal and replacement of the spodjets
three hundred dollars labor and like eight dollars and ninety
five cents do jet. So you know, I signed up
on the estimate and everything, and when they came and
did it, he they chipped him out with like a
(27:01):
hammer and a screwdriver, and then he realized that they
were a reverse thread jet nozzle and he hadn't seen
that before. And then they he said, well, I'll find
them and whatever. But this was like five weeks ago,
and I've been patient, but we finally talked yesterday and
(27:25):
he just said there's nothing I can do about it.
And they had to be removed because of the blockage.
It was dangerous. Your filter could have blown up. Which
I've been using that for five years, you know, like
two or three times a week, and there really was
no danger. So he just said, yeah, there's nothing I
could do. I had to remove them. I didn't have
(27:46):
X revision, I didn't know what was down there. And
he just said, I'm here, I'm going to text you
a name of a guy and a phone number that
can do this for you. It's kind of a specialty.
So I called this gentleman, and he said it would
be two thousand dollars a jet, twelve thousand dollars to
(28:07):
chip away the pastor and you know, we replace the
whole jet assembly and everything. I'm just I mean, I'm
like dumbfounded that he's just walking away. I feel like he's.
Speaker 1 (28:22):
Let me, okay, let me I understand, But let me
ask you this. If you find something that is not
his specialty, all right, and he's done everything reasonable and
he's never seen it before, do you expect him to
pay twelve thousand dollars?
Speaker 10 (28:35):
Yeah?
Speaker 2 (28:36):
I mean yeah, I mean I'm just not asking.
Speaker 1 (28:38):
I mean, you may very well be that some fact
decision maker says yeah, some judge may say, yeah, you
pay twelve thousand dollars. But he's going to argue, I've
never seen this before, it is not common. Is this
is what it's going to cost to fix it, which
effectively means it's not fixable. So let me ask you
to bring back those jets to where they were before clogged,
(29:02):
just they were How much does that cost?
Speaker 2 (29:03):
Since the chipping took place.
Speaker 10 (29:08):
I don't understand. How much did he charged me to
unclog them? Oh?
Speaker 1 (29:12):
Yeah, I mean that's uh so he charged you uncogged them,
and they can't be they can't be unclogged, so he
owes your money or you get money back on them.
Speaker 10 (29:20):
They're unclogged, but it's no longer a spall. It doesn't
generate any you know, bubbles or anything. It's just like
a big way.
Speaker 2 (29:28):
To wait a minute, how if they're away away? I
don't get this.
Speaker 1 (29:30):
They're unclogged yet at the same time, it's no longer
a jacuzzi kind of thing.
Speaker 2 (29:37):
There's no longer any.
Speaker 10 (29:38):
Bubbles, so it doesn't he had chipped away.
Speaker 1 (29:42):
Oh okay, yeah, I got it. He chipped away the
nozzles and they can't be replaced.
Speaker 8 (29:46):
Uh.
Speaker 2 (29:47):
You know, that's a wobbler. That's a wobbler.
Speaker 1 (29:49):
I mean, it's probably worth it to take him to court.
You can take them to court for twelve thousand dollars
that that's jurisdictional limits in the state, twelve five hundred,
and make the argument and bring another pool guy and
say he was negligent, he screwed up, and his defense
is I didn't screw up because I've never seen this.
Nobody has ever seen this. It's something that comes out
(30:11):
of the blue. And I did everything correctly until I
realized I can't do it. And here's the guy who
is going to fix it, and it's twelve grand and
so it depends on the judge which way he's going
to go. I mean that was that's six to one,
half a dozen of the others. So I have no idea.
All right, let me talk to you a little bit
about your breath, your smelly bad breath. This morning, for example,
(30:33):
this is my bad, bad breath day. So this morning
I woke up a head morning breath, which everybody does.
I didn't brush my teeth, God, because I knew I
was coming down having a cup of coffee, which I did.
And on top of that, I had locks and bagels
smoked salmon on cream cheese on a bagel, So we
add that to the mix. So let me tell you
(30:55):
it's not fun to be around me right now. But
I have Zelman's Zelman's minty mouth Zelmans, and these folks
I've known for thirty years, so I have no problem
indoor seeing them. Zelmans are these little capsules that are
covered with mint partially seed oil covered with a very
strong MINTI covering. I love the mint, and then you're
sucking on the mant. When that is gone, you either
(31:16):
swallow or bite into the capsules and there's partially seed
oil inside and that goes to work in your gut.
And BOYD does that clean up bad breath because a
lot of people don't know that bad breath can't start
in your stomach because that's where the food goes and
it gets chewed around and it gets digested and it
causes bread bad breath, and that can last a long time.
(31:37):
And Zelman's the only mint I know. It's not even
a mint. It takes care of this problem. It takes
care of these problems. So right now with Zelmans, you
get fifteen percent off every order and that's until the
end of the month.
Speaker 2 (31:49):
Use a code KFI.
Speaker 1 (31:51):
You go to Zelmans dot com, Z E L M
I N S Zelmans dot com. The code is KFI.
This is handle on the law. Tay Hi, I am
six forty bill handle. Here we are on the last
segment of the show, but I will continue with phone
calls after the show off the air. So I hang
(32:13):
loose fire and hold of course, I'll get to you,
and you can still call in and I will get
to you too. I'll be doing it about forty minutes,
so all questions will be answered. Eight hundred five two
zero one five three four.
Speaker 2 (32:24):
You can call now.
Speaker 1 (32:25):
We have a couple of rooms open. A couple of
lines open. A couple of rooms open, A couple of
lines open. Eight hundred five two zero one five three four. Sally, Hello, Sally, welcome, Sally,
You're there.
Speaker 2 (32:45):
Okay, love doing that. Jeff, Hello, Jeff, welcome.
Speaker 3 (32:52):
Hi. This is regarding property damage to my trees due
to a car crash on the road in front of
my house. I want to know who is responsible. There
was two people involved. What it is I live out
in the country and there's a straight away in front
(33:13):
of my house and cars trying to pass each other.
One car was trying to pass another one and there
was approaching car and instead of duck and falling back
and ducking behind her car, he pushed her over to
the edge. She hit the berm. She flew in the
air and knocked down to my trees. Oh, she's okay.
(33:36):
Who's damage that? Who's irresponsible?
Speaker 2 (33:39):
The driver of the car that caused the accident.
Speaker 3 (33:44):
Okay, the girl certainly, certainly.
Speaker 2 (33:46):
Not the woman who flew through the air and hit
your trees.
Speaker 3 (33:50):
Oh oh wait a minute. Okay, so it's the one
that pushed her over.
Speaker 8 (33:53):
Oh absolutely, okay, it's not her.
Speaker 2 (33:57):
Yeah no, what did she do wrong?
Speaker 3 (34:00):
Nothing. She was driving along exactly.
Speaker 1 (34:02):
And the guy who caused the accident was zipping through
traffic and doing everything wrong.
Speaker 3 (34:08):
Yeah. Right, he was trying to pass away.
Speaker 1 (34:10):
He doesn't understand that, but that's it. That's illegal. You
can't do that if there's cars coming the other way.
Speaker 3 (34:16):
Well, he saw the crash, rey part, he turned around
and turned himself in.
Speaker 2 (34:20):
Okay, Well that doesn't it doesn't make any difference.
Speaker 1 (34:22):
I mean, that just proves the case and he is
clearly responsible. I mean, there's zero issue with that. George, Hello, George, welcome.
Speaker 12 (34:35):
Good morning handle. I had a question.
Speaker 3 (34:37):
Now.
Speaker 12 (34:38):
A few years ago, my when my father was still alive,
him and my mom sold up some property to a
lady next door, I mean some property that had next door.
So she made the payments on time. Everything was good.
My father passed away a couple of years ago. My
mother got real sick, so I took over her financial situations.
And to fallow up attorney and everything else. Now that
(34:59):
this here, all of a sudden, the lady that bought
the property called me in Naples said, you know, I
can't make the payments anymore. Can you give me a
little time to you know, make someone get some money
together or what? I said, Sure, no problem. She's a
nice lady. So it's now July. She hasn't made payment yet.
You know, I contact her. You know, she says she's
trying to sell the property.
Speaker 1 (35:19):
Okay, Well, how can wait a second? She let me
ask you a question here. I want to get this straight.
So your dad and your mom, because I assume they're
both on the deed or were, Yes, yes, sell the
property to the lady next door.
Speaker 12 (35:35):
Well I'm not. It's the property she lived in another city.
She just wanted to.
Speaker 2 (35:39):
Pot Okay, so she sold. So they sold the property
to that lady.
Speaker 12 (35:42):
Correct, yes, okay.
Speaker 2 (35:45):
So they held onto the paper.
Speaker 1 (35:47):
They didn't go through the buyer, didn't go through a
bank and hand you a check. You held the paper
they owed you. The buyer owed you the money with interest.
Speaker 2 (35:56):
Correct, correct, okay, and now there is flaking out on it.
Speaker 1 (36:01):
Okay, So here's what and I'm assuming that the note
that you got I owe you, or that she owes
you X number of thousands of dollars was secured by
the house.
Speaker 2 (36:14):
Is that correct?
Speaker 12 (36:16):
I believe so.
Speaker 3 (36:17):
Yes.
Speaker 1 (36:17):
Okay, So now you have a breach of contract where
money is owed secured by the property. So you simply
sue the woman who owes the money, and she if
she can't pay or doesn't pay to your satisfaction, you
foreclose on the property and you get the property back.
Speaker 12 (36:39):
Okay, all right, that's a real estate attorney.
Speaker 2 (36:44):
No, but how much is the price? You know, let
me ask you something, George. How much is the property worth?
Speaker 12 (36:51):
About two dred fift okay?
Speaker 2 (36:53):
And how much how much is owed?
Speaker 12 (36:56):
Well, they take quite a bit of it off, ready,
So she owes like around maybe twelve on it.
Speaker 1 (37:00):
Oh, she only owes twelve thousand dollars. Wow, okay, I
would take it.
Speaker 12 (37:06):
To show plan on time. And then she did everything
you know, right?
Speaker 2 (37:09):
Yeah, no, I get it. She so until now yeah, no,
I understand.
Speaker 1 (37:12):
Yeah, so you have the right to foreclose on the property.
And I'm just thinking, wow, and it's only twelve thousand dollars?
Speaker 2 (37:20):
Is that worth it?
Speaker 3 (37:21):
You know?
Speaker 1 (37:21):
I would do it on my own, because it's pretty
clear cut, and I've never done it because usually hire
a lawyer. People will do their own foreclosing on property,
et cetera, on their own.
Speaker 2 (37:33):
But the amount is.
Speaker 1 (37:34):
So small it's probably worth doing a little research and
doing it yourself. I think I think they can be
done so, especially for about twelve thousand dollars.
Speaker 2 (37:44):
Fair enough. All right, this is the end of the show.
Speaker 1 (37:49):
I know there are a couple of people still on hold,
so stay put and I'll get to you because right
after the show, I'm going to start taking phone calls
off the air and I'll answer those. And when I do,
no commercials, no breaks, no weather, no traffic, and on
my behalf, no patience.
Speaker 2 (38:07):
So we go through these calls fairly quickly.
Speaker 1 (38:09):
The number is eight hundred five two zero one five
three four eight hundred five two zero one five three four, and.
Speaker 2 (38:20):
The lines are open.
Speaker 1 (38:22):
We have a few up there, but we have plenty
of live plenty of lines open, and so everybody all
have a chance to get their questions answered. And as
I said, I'm going to be doing this off the air.
This is Handle on the Law.
Speaker 2 (38:37):
You've been listening to the bill Handle Show.
Speaker 1 (38:39):
Catch My Show Monday through Friday six am to nine am,
and anytime on demand on the iHeartRadio app
You're listening to kf I AM six forty the Bill
Handles show on demand on the iHeartRadio f kfive AM
six forty Bill Handle Here. It is a Saturday morning.
Speaker 2 (00:14):
As we continue with the Legal show for one.
Speaker 1 (00:17):
More hour, followed by Rich the Mureau with the Tech
show and the phone number here as always top of
the hour. Best time to call naturally eight hundred five
two zero one five three four. Eight hundred five two
zero one five three four is the number to call,
and we have a couple lines open.
Speaker 2 (00:35):
Pretty good.
Speaker 1 (00:36):
We had a slow start on the phone calls this morning,
but we're doing a who lot better. Eight hundred five
two zero one five three four. This is handle on
the law marginal legal advice where I tell you you
have absolutely no case.
Speaker 2 (00:53):
Now.
Speaker 1 (00:54):
You may not know the name Maureen Comy Comy, maybe
because Comy is the daughter of Comy James Comy, the.
Speaker 2 (01:05):
Former FBI director and to the.
Speaker 1 (01:09):
Least to no small extent and adversary of President Trump,
which is kind of interesting because Comy was probably more
responsible for his win over Hillary than anything else, because
he had released a statement about Hunter Biden's his computer
(01:29):
that had mentioned Hillary Clinton, and therefore he that is,
Comy goes out and says, we are looking at the
connection with Hillary Clinton and these illegal emails.
Speaker 2 (01:41):
Well that did it.
Speaker 1 (01:42):
That was eleven days before the election, and that basically
put Trump over the top. I think so in any case,
So his daughter, Maureen Comy is a federal prosecutor, actually
a former federal prosecutor, and she worked on the criminal
case against Jeffrey Epstein and Julayell. And you would think,
(02:03):
you know, the two wouldn't be connected to the president. Well,
it turns out that the president is connected to Jeffrey
Epstein because of this this Epstein file case. And it
won't go away because Epstein theoretically had this file which
doesn't exist.
Speaker 2 (02:23):
Does it not exist? Who the hell knows?
Speaker 1 (02:25):
And these were names on this file of people who
either were clients of or hung out with Jeffrey Epstein.
And Epstein, of course, was first convicted of having sex
with minors and then was arrested again a few leads
years later of doing exactly the same thing and trafficking
and sending miners over to his private island and having
(02:48):
his friends get involved with these sexual escapades. And the
question is was Trump was Bill Clinton any part of
that were other public fai. Here's Prince Andrew, for an example,
got a lot of trouble because there's pictures of him
with these young girls, and so the politics of that
(03:11):
are a different story. Because the government said no, there
is no list, after the Attorney General Pam Bondi said yes,
there is a list, and the while the actually now
the director of the FBI and the number two in
the Homeland Security is saying, we're adamant about saying yes
(03:38):
the list exists.
Speaker 2 (03:38):
Yeah, this is.
Speaker 1 (03:39):
During the Obamba years and certainly during Biden years.
Speaker 2 (03:44):
Yes the list exists. Now they're saying the list doesn't exist.
Speaker 1 (03:47):
And even the conservatives, the MAGA supporters of Donald Trump,
are saying, hey, we want to see what's going on.
So that's up in the air. In the meantime, Maureen
Comi was on the criminal case.
Speaker 2 (03:59):
She worked on the.
Speaker 1 (03:59):
Case Jeff Epstein and Julane Maxwell fired straight out fired.
Speaker 2 (04:06):
Was it because of this?
Speaker 1 (04:08):
I don't know, because even if it is, I don't
see the connection. And so she got a letter saying
she was fired. Interesting letter because in the letter it
cited Article two of the Constitution and describes the powers
of the president. That's according to two people who are involved.
(04:28):
And why would you say that? You know, that's according
to Article two of the Constitution. The president has the
right to fire you.
Speaker 2 (04:35):
Who would say that?
Speaker 1 (04:36):
Of course, the president has the right to fire her.
She's a federal prosecutor. She works for the president. So
I wonder why this became a huge story and why
the firing took place, And I just don't get it.
Speaker 2 (04:51):
And why wasn't she fired before?
Speaker 1 (04:54):
I guess only when the Epstein story broke and somehow
any connection. I mean, senior FBI agents have been fired
because they were part of the investigation against Trump and
the election. They were ordered to do so, but they've
been fired and it didn't matter. I mean, what are
(05:14):
they supposed to do? Say no in subordination at the time.
So anyway, it's obviously really interesting stuff to say the
least fair enough. Let's go ahead and take a phone
call or two here, Douglas, Hello, Douglas, welcome.
Speaker 3 (05:31):
Hey, Bill.
Speaker 4 (05:34):
Worked at doub for a few years, got terminated on
June nineteenth. You said they were going to give me
my final paycheck. Within the seventy two hours that came
and went.
Speaker 5 (05:44):
A few weeks later, I.
Speaker 4 (05:45):
Called the whole corporate headquarters and asked, hey, what's up
with my check? And they kid, don't get me to
run around? So I said, what to find out? Like,
what what do I do next?
Speaker 2 (05:56):
Okay?
Speaker 1 (05:56):
What you do is you go to the State of California,
because that's the violation of war, and you don't sue,
you don't do anything. You go to them and report,
report that, make a claim and then now you have
the State of California going after them on your behalf,
a lot more powerful than anybody you can hire or
have going for you on a personal level. So it's
(06:18):
the Department of Industrial Relations Wage Enforcement Division, State of California.
That's where you go, and that's all you have to
do and make that claim.
Speaker 2 (06:29):
Everett, Hi, Everett, welcome, Hey bo, how are you doing? Yes, sir,
what can I do for you?
Speaker 5 (06:36):
Okay? So, my mom's eighty five years old. She had
glaucoma and cataracts in her last eye. So I took her.
She got a REFRILL. She's on Medicaid. She got to Refril,
got approved. I took her to her consultation and they
told us that it was just going to be a
simple procedure maybe a half hour. They were going to
(06:57):
put a lens inside her eye and clear out the
cataracts and she'd be fine. Well that didn't happen because
we got home and my mom's head started pounding. She
was crying. She was in so much pain. So I
called the doctor. They said, wait it out, take time
and all. So the next day we took her back
because she was still in pain. Long story short, she's
(07:20):
blind now out of that eye and has been for
the past three months. And we went back and got
a second referral consipation. But it was through the same
doctor's office that did it. So they're saying that there's
she got a blood clot in her eye. They tried
(07:42):
to remove it, they couldn't get it all. But I'm
just wondering, is there a lawsuit or something we can get?
Speaker 2 (07:50):
Yeah, no, I get it. I mean she's blind, not
in both eyes, she's buying.
Speaker 5 (07:54):
In that one eye left back. It doesn't matter.
Speaker 1 (07:57):
Yeah, so you have a case. Maybe, And here's what
I say, maybe, just based on the facts. Here's the
surgery they blew.
Speaker 2 (08:07):
Theoretically.
Speaker 1 (08:09):
Now, when she signed her consent form, which everybody has
to sign, two things Number one, probably she has to
go to arbitration in the event of a dispute like this.
And two, there is a small percentage of people who
have problems like this no matter what the doctor does.
So the problem here is proving that what the doctor
(08:31):
did caused the blood clot that caused the eye to
go blind, and that's connecting the dots. It isn't that
clear because there's X percentage of people develop they developed problems,
(08:52):
you know, for example, clots and blood issues, and we
don't know. It could be that the doctor didn't malpractice
at all, did everything the doctor was supposed to do,
and this developed because let's say two percent of the
people had developed one percent and she may be within
that or it could be the doctor malpractice.
Speaker 2 (09:10):
So you got to go to a medical malpractice journey.
Speaker 5 (09:15):
Okay, because they never said that this was a risk.
Speaker 2 (09:18):
Because they did.
Speaker 1 (09:19):
Yeah, yeah, yeah, they did read the document.
Speaker 2 (09:24):
Read the informed concern. Yeah, the document.
Speaker 1 (09:29):
When we went for the act, Well, you know, what
are they going to do, go through Hang on a minute,
they're going to go through a list of everything that
can happen. They'd be talking to you for forty five
minutes just going through the list.
Speaker 5 (09:41):
Well, if they would have mentioned that there was a
chance that she would be blind years old.
Speaker 3 (09:45):
We wouldn't.
Speaker 2 (09:46):
Okay, how about this?
Speaker 1 (09:47):
If they had mentioned that she could have died under
the anesthesia, If they had mentioned that she was going
to be looking sideways, if they had mentioned she was
going to have horrible headaches, if they had mentioned that
she was going to have nightmares, if they had mentioned
she was going to lose her feeling in her face.
Speaker 2 (10:04):
If they had mentioned if they had mentioned do you
see the problem?
Speaker 1 (10:10):
Yeah, it's in the document, but doesn't stop you from
going to a malpractice attorney, a medical malpractice attorney, because
it could be that the doctor blew it. And then
what happens is the notes will be given to another
doctor who will do a consultation. The attorney does this,
The attorney handles all this. Zilman's been tea mouthed. Now
(10:33):
here's a malady, and that is you have bad breath,
smelly breath, and that happens to every one of us.
You wake up, you got morning breath. You drink coffee,
you got coffee breath. This morning, for example, I had
locks and bagels, smoked salmon on top of my bagel
(10:53):
with cream cheese. You think my breath doesn't smell like
cream cheese and locks and of course morning breath and
the coffee I had it happens. So let me suggest
Zelman's minty Mouth. Zelman's mintymouth are these little capsules that
are covered with a very strong mint. You pop two
or three in your mouth and you suck on the
(11:14):
mint part and then when that disappears, you either swallow
or you bite into the capsules, and they're parsley seed
oil in the capsules that go to work inside your stomach.
And that's where bad breath can start, and no mint
takes care of that at all. So here is the
offer from Zelman's until the end of the month, fifteen
percent off your order. Fifteen percent off your order of Zelmans.
(11:38):
Go to Zelmans dot com and the code is KFI
Zelman's Z E L M I N S Zelmans dot
com and the code is KFI. This is KFI AM
six forty. This is handle on the law KFI AM
six forty bill handle Here on a Saturday morning, I
(12:01):
just want another forty minutes to go till the end
of the hour, and we have phone calls. Welcome back
to handling the law marginal legal advice.
Speaker 2 (12:12):
Garrett. Hello, Garrett, Yes, sir.
Speaker 6 (12:15):
Hello, Yeah, Yeah, I actually designed and built and tested
a product.
Speaker 7 (12:26):
That it's primarily for the elderly and or the disabled, Okay,
And from what I can tell from my research, it
doesn't look like as anything even remotely lightness on the market.
So I'm looking to get a patent on this.
Speaker 8 (12:47):
Now.
Speaker 7 (12:48):
I believe I can actually apply for a patent on
my own. But I'm just wondering if you would suggest
that I in fact did a patent attorney.
Speaker 1 (12:58):
No, you don't need a patent attorney, but you do
need to do a patent search, and there are companies
that do that. Just because something is not on the
market does not mean it hasn't been patented. And you
cannot patent a device a product that is so close
to a patented a patented device that you cannot they
(13:22):
want to issue a patent, and there are companies that
do patent searches.
Speaker 2 (13:26):
This is what they specialize in.
Speaker 1 (13:28):
And it's not inexpensive. I mean, the last time I looked,
which was years and years ago, about it just too
for the hell of it, was about fifteen hundred dollars.
So today, I wouldn't be surprised if it's two three
thousand dollars. But that has to be done even a
patent attorney. The first thing the patent attorney will do
will hire a firm that does that does research, a
(13:53):
patent search, and then if the people that do the
search say no, there's nothing pretty close on this, you're
clear to go.
Speaker 2 (14:03):
Then you file for the patent. You can do it
on your own.
Speaker 3 (14:07):
Now.
Speaker 7 (14:09):
So I'm just curious on your website, do you have any.
Speaker 1 (14:12):
No, No, we don't. No, nope, no, unfortunately we don't.
There's a specialty and you get to look for one
on your own. I mean, people do ask, but the
handle on the law dot com really only does personal
injury because it's pretty clean personal injuries. It can be
very complicated, but it's real simple.
Speaker 2 (14:31):
Heye, someone injured you. Here's what your negligence is.
Speaker 1 (14:35):
Here's how you screwed up, and how I got hurt
and how badly did I get hurt?
Speaker 2 (14:42):
What are the damage is there? Okay? Maria, Hi Maria, welcome.
Speaker 9 (14:49):
Hi Bill. I'm in California and my dad passed away
in May. I have five kids, five siblings in this,
and I'm the only one that wants to buy out.
What is my statues? And if I'm able to get
a copy of my dad's death certificate, what should I do?
Speaker 2 (15:08):
Well, that's easy, that's a public document. You just file.
Speaker 1 (15:11):
You go to the county clerk and they'll have a
copy of the death certificate and.
Speaker 2 (15:15):
You're going to look at it instantly.
Speaker 1 (15:17):
And why do you need a copy of the certificate, Maria, I.
Speaker 9 (15:21):
Don't know, just in case I need to look into
some things. My brother takes forever for doing this. He
and I had a little falling out last week.
Speaker 1 (15:30):
Okay, all right, so let me ask you this. Was
it a trust or was the property in your dad's name?
Speaker 9 (15:37):
The property is in my dad's name, and from my understanding,
the will is kind of incomplete. And they my brother
has the lawyer to take care of my dad's affairs
because he's a veteran, and we were talking about the
situation and he got upset and he goes, let's just
do whatever we can to buy you out.
Speaker 2 (15:55):
That's what he said. That's what he said. They want
to buy you out.
Speaker 1 (15:58):
Okay, determine a price, uh, and say here it is.
And if they say no or you say no, then
they have to go in and do a partition forcing
the sale of the property. And that can be done
and the determination of how much is property worth. Then
who's ever the trustee of the sale, who's the court
(16:21):
will sign, figures out what the value the property is,
puts it and says here it is, here's the value.
And if you simply say no or yes, then you
go to court as to the value of the property.
So it can get complicated. So your brother wants to
buy you out, right, do I have that right?
Speaker 9 (16:39):
Correct? Because alicially he wanted to keep it in the family.
Speaker 1 (16:41):
Okay, I understand that, but why why So let me
ask you, why wouldn't you say yes?
Speaker 10 (16:47):
What? Oh?
Speaker 9 (16:47):
Yes, I said yes when he bought that up. I'm
all for it. I do want to be bought out,
absolutely so.
Speaker 2 (16:52):
All right. So, and he's not willing to move on it.
Speaker 9 (16:56):
I have a feeling he won't. This just happens.
Speaker 1 (16:58):
Then you do, Then you do, then you okay, Then
you do the partition and the court will order the
property to be sold. That's all okay, all right, you're
fine on that. Not complicated. Now, if you happen to
be living in chronic pain, or you know someone who
does live in chronic pain.
Speaker 2 (17:17):
I mean pain all the time. I mean a lot
of pain.
Speaker 1 (17:20):
I happen to live with someone who does exactly that. Lindsey,
my wife, is constantly in pain. It's just twenty four
to seven.
Speaker 2 (17:27):
That's how it works for her.
Speaker 1 (17:28):
And I feel helpless and she hurts. And so what
she did is create the Pain Game Podcast to help
her as well as to help other people who are
suffering like she is, or suffer from trauma. And every
episode of the Pain Game Podcast, what it does.
Speaker 2 (17:44):
Is give pain purpose. You understand that.
Speaker 1 (17:47):
And I know this sounds weird, but once you listen
to the podcast, you'll see exactly what I'm talking about. So,
if you live in chronic pain, or know someone who does,
or you're treating someone who does and it's part of
your life, let me suggest the Pain Game Podcast. Pain
Game Podcast, and every episode ends with a message of hope.
(18:09):
You could follow on social at The Pain Game Podcast.
Season three is now in full force. Listen to the
Pain Game Podcast. This is Handle on the Law.
Speaker 8 (18:23):
You're listening to Bill Handle on demand from KFI AM
six forty.
Speaker 1 (18:30):
KFI AM sixth forty Bill Handled here on a Saturday
morning at last half hour of the show, and at
the top of the hour, I'm going to continue making
phone calls after the show off the air, and so
I'll give you a little bit more information about that.
Speaker 2 (18:47):
So you have a chance to get your calls.
Speaker 1 (18:48):
Your question is answered, no matter what, and I'll tell
you about that towards the end of the show. Back
we go more Handle on the law Marginal legal advice.
Speaker 2 (18:58):
Brian, Hello, Brian, Welcome.
Speaker 3 (19:01):
Hi Bill.
Speaker 11 (19:02):
I believe I qualify as a putative spouse. I was wondering,
can I use a pairalegal to help me with this?
Speaker 3 (19:10):
If?
Speaker 1 (19:10):
Okay, tell me what's going on you you qualify as
a putative spouse.
Speaker 2 (19:14):
Explain this to me.
Speaker 11 (19:17):
We were married, the minister never sent in the paperwork.
Speaker 2 (19:21):
Okay, you know what that You know what that meant? Yeah,
you know what that means legally.
Speaker 1 (19:28):
Nothing, you No, it means plenty. That means you were
not married. That means you were living That means you
were living together for a whole bunch of years.
Speaker 3 (19:40):
Right now.
Speaker 1 (19:41):
For example, I got married in Italy. Okay, Italy. It
just so happens. There's no such thing as religious weddings
in Italy, you know, the clergyman or the priest does
his thing. And here in this country, uh, the clergy
a clergyman or the clergy person signs off on the
(20:02):
certificate that's filed and that is a legal marriage Italy
only civil marriages are allowed. So unless you go in
front of the county clerk, unless you go in front
of someone who has the authority as in a county
clerk or a city clerk, you're not married.
Speaker 2 (20:21):
So you can argue you're a putative spouse.
Speaker 1 (20:25):
That's all you are is a putative spouse, meaning I
think I am, I should be everything but a technicality.
Speaker 2 (20:33):
But you know what, Brian, you're not. But tell me
why you want to be.
Speaker 1 (20:37):
What are the circumstances that you want to prove that
you're married?
Speaker 11 (20:43):
Seeing the person I'm married is to say, a very
toxic person is to put it mildly. So I could
give you plenty of examples.
Speaker 2 (20:58):
No, no, it doesn't matter.
Speaker 1 (20:59):
So let me ask you, how does it help you
to be a spouse as opposed to a putative spouse.
Speaker 11 (21:04):
Well, I believe I have more rights than than I was.
Speaker 2 (21:09):
Then I it depends on what it depends on what
you're looking for spousal support.
Speaker 1 (21:15):
It doesn't matter most of the certain pensions. It matters
big time under a quadro, for example, where you would
get a portion of her pension certainly during the time
of her marriage that built up real estate.
Speaker 2 (21:32):
It doesn't matter.
Speaker 1 (21:33):
Are you or are you not on the Are you
or are you not on the d So what are
you concerned about just generally getting married?
Speaker 11 (21:46):
No, with we need to I need to leave. It's yeah,
I have I have to leave.
Speaker 2 (21:52):
It's not okay, So you're leaving.
Speaker 1 (21:53):
So you're okay, So you're leaving the putative marriage. You
got to bail out of there. Okay, So you're leaving
someone you've lived with for how.
Speaker 11 (22:00):
Long Brian twenty five years?
Speaker 2 (22:03):
Okay, what do you want?
Speaker 11 (22:08):
She makes a lot more money?
Speaker 3 (22:10):
Ah?
Speaker 2 (22:10):
Okay you want? Okay, how about that? You want?
Speaker 1 (22:12):
You want support? Basically, you want spousal support. Right, it
doesn't matter if you're married or not. You're in the
same position you've been living together and in Under California law,
the marriage certificate means nothing. What else would you like?
So therefore you don't need to be amputative or any
other spouse. So what else would you be looking for, Brian,
Does she have a healthy pension plan?
Speaker 2 (22:33):
For example?
Speaker 10 (22:34):
Yes?
Speaker 1 (22:35):
Okay, even then, you are probably entitled to something and
you have to talk to a divorce attorney about it.
And I'm assuming she earned quite a bit during the
course of the marriage.
Speaker 2 (22:44):
Do you have a pension plan?
Speaker 3 (22:47):
No?
Speaker 2 (22:48):
Okay? How much money does she make versus what you make?
Speaker 11 (22:54):
Over one hundred grand?
Speaker 2 (22:56):
Over one hundred grand more than what you make.
Speaker 11 (22:59):
Correct, well, seventy five eighty more.
Speaker 2 (23:03):
Yeah, yeah, that's pretty healthy. Okay.
Speaker 1 (23:07):
You're probably entitled to spousal support, so you get to
talk to and property or portions of property. Yeah, you
go to a divorce attorney, family law attorney, and you
sit down and you want to file pretty quickly. Twenty
five years of marriage gives you a lot of oomph
and putative spouse business. Yeah, it has some some influence,
(23:31):
some ammunition there, but it's the twenty five years you
have been together as everything.
Speaker 11 (23:35):
I called a couple of attorneys and they weren't interested in.
Speaker 1 (23:38):
The found because it gets pretty complicated, and so it
just call a couple of more.
Speaker 2 (23:45):
I mean, attorneys tend to be kind of lazy actually,
and you know, I don't know what to tell you.
I do not know what to tell you. Pierre. Hello, Pierre.
Speaker 8 (23:58):
My brother in law is and he just got married.
He owns a house. If he dies, the new wife
get the house.
Speaker 2 (24:08):
No, if it's in his name, he can do whatever
he wants with it.
Speaker 1 (24:11):
Now if he does not write a will, okay, or
the house does not go into a trust. And let's
say the family files what's called an intestinate, an intestacy
which means we have no will.
Speaker 2 (24:27):
We have to split up the money.
Speaker 1 (24:29):
The current wife gets half and the children get the
other half.
Speaker 2 (24:35):
So the easy way for him to do it says
he owns.
Speaker 1 (24:37):
The house, Pier is put it in a trust or
leave a will that says my house is to be
sold or given to whoever.
Speaker 2 (24:47):
And that's why he protects himself. Okay. And you know,
obviously don't like you like the current wife.
Speaker 8 (24:55):
I like her, but the whole family hates her.
Speaker 2 (24:57):
Oh good, good. How old is your brother?
Speaker 8 (25:00):
He's seventy five, she's forty.
Speaker 1 (25:03):
Oh I thought you were going to say she's seventy.
He's seventy five and she's twenty two. Okay, so you
only have twenty five you got.
Speaker 2 (25:12):
Forty, you have thirty five years difference. Good for him.
Speaker 8 (25:17):
Yeah, he almost did what you did, but he failed.
What does that mean meaning I'm sure he would have
left to get a younger one.
Speaker 1 (25:29):
He did, he got married to a woman forty years
and younger than he is.
Speaker 8 (25:36):
Yes, but you still got Indeed.
Speaker 1 (25:42):
I'm sorry, I totally missed that. I have no idea
what that's been about.
Speaker 4 (25:48):
Paul.
Speaker 2 (25:48):
Hello, Paul, welcome to handle on the law.
Speaker 10 (25:53):
Yeah, I do on right now.
Speaker 2 (25:56):
Yeah you are.
Speaker 10 (25:58):
Okay. Hey, I'm going to dispute with a with a
pool company. I have a sixteen year old pool and
I always took care of it myself, but I just
about sixty nine years old and it got to be
a little too much. So the end of June, I
hired a you know, make this company, and when we
were doing the initial walkthrough, he had convinced me to
(26:20):
replace the filter, which was sixteen years old, and you know,
so I said, okay, and then I showed him that
three of my spadjets were clogged and they've been clogged
for like five years because when it happened was during
COVID and my income was way way down. So I
just we just got used to it. So he said,
sent me an estimate for the replacement of the filter
(26:41):
and then for replacement, removal and replacement of the spodjets
three hundred dollars labor and like eight dollars and ninety
five cents do jet. So you know, I signed up
on the estimate and everything, and when they came and
did it, he they chipped him out with like a
(27:01):
hammer and a screwdriver, and then he realized that they
were a reverse thread jet nozzle and he hadn't seen
that before. And then they he said, well, I'll find
them and whatever. But this was like five weeks ago,
and I've been patient, but we finally talked yesterday and
(27:25):
he just said there's nothing I can do about it.
And they had to be removed because of the blockage.
It was dangerous. Your filter could have blown up. Which
I've been using that for five years, you know, like
two or three times a week, and there really was
no danger. So he just said, yeah, there's nothing I
could do. I had to remove them. I didn't have
(27:46):
X revision, I didn't know what was down there. And
he just said, I'm here, I'm going to text you
a name of a guy and a phone number that
can do this for you. It's kind of a specialty.
So I called this gentleman, and he said it would
be two thousand dollars a jet, twelve thousand dollars to
(28:07):
chip away the pastor and you know, we replace the
whole jet assembly and everything. I'm just I mean, I'm
like dumbfounded that he's just walking away. I feel like he's.
Speaker 1 (28:22):
Let me, okay, let me I understand, But let me
ask you this. If you find something that is not
his specialty, all right, and he's done everything reasonable and
he's never seen it before, do you expect him to
pay twelve thousand dollars?
Speaker 10 (28:35):
Yeah?
Speaker 2 (28:36):
I mean yeah, I mean I'm just not asking.
Speaker 1 (28:38):
I mean, you may very well be that some fact
decision maker says yeah, some judge may say, yeah, you
pay twelve thousand dollars. But he's going to argue, I've
never seen this before, it is not common. Is this
is what it's going to cost to fix it, which
effectively means it's not fixable. So let me ask you
to bring back those jets to where they were before clogged,
(29:02):
just they were How much does that cost?
Speaker 2 (29:03):
Since the chipping took place.
Speaker 10 (29:08):
I don't understand. How much did he charged me to
unclog them? Oh?
Speaker 1 (29:12):
Yeah, I mean that's uh so he charged you uncogged them,
and they can't be they can't be unclogged, so he
owes your money or you get money back on them.
Speaker 10 (29:20):
They're unclogged, but it's no longer a spall. It doesn't
generate any you know, bubbles or anything. It's just like
a big way.
Speaker 2 (29:28):
To wait a minute, how if they're away away? I
don't get this.
Speaker 1 (29:30):
They're unclogged yet at the same time, it's no longer
a jacuzzi kind of thing.
Speaker 2 (29:37):
There's no longer any.
Speaker 10 (29:38):
Bubbles, so it doesn't he had chipped away.
Speaker 1 (29:42):
Oh okay, yeah, I got it. He chipped away the
nozzles and they can't be replaced.
Speaker 8 (29:46):
Uh.
Speaker 2 (29:47):
You know, that's a wobbler. That's a wobbler.
Speaker 1 (29:49):
I mean, it's probably worth it to take him to court.
You can take them to court for twelve thousand dollars
that that's jurisdictional limits in the state, twelve five hundred,
and make the argument and bring another pool guy and
say he was negligent, he screwed up, and his defense
is I didn't screw up because I've never seen this.
Nobody has ever seen this. It's something that comes out
(30:11):
of the blue. And I did everything correctly until I
realized I can't do it. And here's the guy who
is going to fix it, and it's twelve grand and
so it depends on the judge which way he's going
to go. I mean that was that's six to one,
half a dozen of the others. So I have no idea.
All right, let me talk to you a little bit
about your breath, your smelly bad breath. This morning, for example,
(30:33):
this is my bad, bad breath day. So this morning
I woke up a head morning breath, which everybody does.
I didn't brush my teeth, God, because I knew I
was coming down having a cup of coffee, which I did.
And on top of that, I had locks and bagels
smoked salmon on cream cheese on a bagel, So we
add that to the mix. So let me tell you
(30:55):
it's not fun to be around me right now. But
I have Zelman's Zelman's minty mouth Zelmans, and these folks
I've known for thirty years, so I have no problem
indoor seeing them. Zelmans are these little capsules that are
covered with mint partially seed oil covered with a very
strong MINTI covering. I love the mint, and then you're
sucking on the mant. When that is gone, you either
(31:16):
swallow or bite into the capsules and there's partially seed
oil inside and that goes to work in your gut.
And BOYD does that clean up bad breath because a
lot of people don't know that bad breath can't start
in your stomach because that's where the food goes and
it gets chewed around and it gets digested and it
causes bread bad breath, and that can last a long time.
(31:37):
And Zelman's the only mint I know. It's not even
a mint. It takes care of this problem. It takes
care of these problems. So right now with Zelmans, you
get fifteen percent off every order and that's until the
end of the month.
Speaker 2 (31:49):
Use a code KFI.
Speaker 1 (31:51):
You go to Zelmans dot com, Z E L M
I N S Zelmans dot com. The code is KFI.
This is handle on the law. Tay Hi, I am
six forty bill handle. Here we are on the last
segment of the show, but I will continue with phone
calls after the show off the air. So I hang
(32:13):
loose fire and hold of course, I'll get to you,
and you can still call in and I will get
to you too. I'll be doing it about forty minutes,
so all questions will be answered. Eight hundred five two
zero one five three four.
Speaker 2 (32:24):
You can call now.
Speaker 1 (32:25):
We have a couple of rooms open. A couple of
lines open. A couple of rooms open, A couple of
lines open. Eight hundred five two zero one five three four. Sally, Hello, Sally, welcome, Sally,
You're there.
Speaker 2 (32:45):
Okay, love doing that. Jeff, Hello, Jeff, welcome.
Speaker 3 (32:52):
Hi. This is regarding property damage to my trees due
to a car crash on the road in front of
my house. I want to know who is responsible. There
was two people involved. What it is I live out
in the country and there's a straight away in front
(33:13):
of my house and cars trying to pass each other.
One car was trying to pass another one and there
was approaching car and instead of duck and falling back
and ducking behind her car, he pushed her over to
the edge. She hit the berm. She flew in the
air and knocked down to my trees. Oh, she's okay.
(33:36):
Who's damage that? Who's irresponsible?
Speaker 2 (33:39):
The driver of the car that caused the accident.
Speaker 3 (33:44):
Okay, the girl certainly, certainly.
Speaker 2 (33:46):
Not the woman who flew through the air and hit
your trees.
Speaker 3 (33:50):
Oh oh wait a minute. Okay, so it's the one
that pushed her over.
Speaker 8 (33:53):
Oh absolutely, okay, it's not her.
Speaker 2 (33:57):
Yeah no, what did she do wrong?
Speaker 3 (34:00):
Nothing. She was driving along exactly.
Speaker 1 (34:02):
And the guy who caused the accident was zipping through
traffic and doing everything wrong.
Speaker 3 (34:08):
Yeah. Right, he was trying to pass away.
Speaker 1 (34:10):
He doesn't understand that, but that's it. That's illegal. You
can't do that if there's cars coming the other way.
Speaker 3 (34:16):
Well, he saw the crash, rey part, he turned around
and turned himself in.
Speaker 2 (34:20):
Okay, Well that doesn't it doesn't make any difference.
Speaker 1 (34:22):
I mean, that just proves the case and he is
clearly responsible. I mean, there's zero issue with that. George, Hello, George, welcome.
Speaker 12 (34:35):
Good morning handle. I had a question.
Speaker 3 (34:37):
Now.
Speaker 12 (34:38):
A few years ago, my when my father was still alive,
him and my mom sold up some property to a
lady next door, I mean some property that had next door.
So she made the payments on time. Everything was good.
My father passed away a couple of years ago. My
mother got real sick, so I took over her financial situations.
And to fallow up attorney and everything else. Now that
(34:59):
this here, all of a sudden, the lady that bought
the property called me in Naples said, you know, I
can't make the payments anymore. Can you give me a
little time to you know, make someone get some money
together or what? I said, Sure, no problem. She's a
nice lady. So it's now July. She hasn't made payment yet.
You know, I contact her. You know, she says she's
trying to sell the property.
Speaker 1 (35:19):
Okay, Well, how can wait a second? She let me
ask you a question here. I want to get this straight.
So your dad and your mom, because I assume they're
both on the deed or were, Yes, yes, sell the
property to the lady next door.
Speaker 12 (35:35):
Well I'm not. It's the property she lived in another city.
She just wanted to.
Speaker 2 (35:39):
Pot Okay, so she sold. So they sold the property
to that lady.
Speaker 12 (35:42):
Correct, yes, okay.
Speaker 2 (35:45):
So they held onto the paper.
Speaker 1 (35:47):
They didn't go through the buyer, didn't go through a
bank and hand you a check. You held the paper
they owed you. The buyer owed you the money with interest.
Speaker 2 (35:56):
Correct, correct, okay, and now there is flaking out on it.
Speaker 1 (36:01):
Okay, So here's what and I'm assuming that the note
that you got I owe you, or that she owes
you X number of thousands of dollars was secured by
the house.
Speaker 2 (36:14):
Is that correct?
Speaker 12 (36:16):
I believe so.
Speaker 3 (36:17):
Yes.
Speaker 1 (36:17):
Okay, So now you have a breach of contract where
money is owed secured by the property. So you simply
sue the woman who owes the money, and she if
she can't pay or doesn't pay to your satisfaction, you
foreclose on the property and you get the property back.
Speaker 12 (36:39):
Okay, all right, that's a real estate attorney.
Speaker 2 (36:44):
No, but how much is the price? You know, let
me ask you something, George. How much is the property worth?
Speaker 12 (36:51):
About two dred fift okay?
Speaker 2 (36:53):
And how much how much is owed?
Speaker 12 (36:56):
Well, they take quite a bit of it off, ready,
So she owes like around maybe twelve on it.
Speaker 1 (37:00):
Oh, she only owes twelve thousand dollars. Wow, okay, I
would take it.
Speaker 12 (37:06):
To show plan on time. And then she did everything
you know, right?
Speaker 2 (37:09):
Yeah, no, I get it. She so until now yeah, no,
I understand.
Speaker 1 (37:12):
Yeah, so you have the right to foreclose on the property.
And I'm just thinking, wow, and it's only twelve thousand dollars?
Speaker 2 (37:20):
Is that worth it?
Speaker 3 (37:21):
You know?
Speaker 1 (37:21):
I would do it on my own, because it's pretty
clear cut, and I've never done it because usually hire
a lawyer. People will do their own foreclosing on property,
et cetera, on their own.
Speaker 2 (37:33):
But the amount is.
Speaker 1 (37:34):
So small it's probably worth doing a little research and
doing it yourself. I think I think they can be
done so, especially for about twelve thousand dollars.
Speaker 2 (37:44):
Fair enough. All right, this is the end of the show.
Speaker 1 (37:49):
I know there are a couple of people still on hold,
so stay put and I'll get to you because right
after the show, I'm going to start taking phone calls
off the air and I'll answer those. And when I do,
no commercials, no breaks, no weather, no traffic, and on
my behalf, no patience.
Speaker 2 (38:07):
So we go through these calls fairly quickly.
Speaker 1 (38:09):
The number is eight hundred five two zero one five
three four eight hundred five two zero one five three four, and.
Speaker 2 (38:20):
The lines are open.
Speaker 1 (38:22):
We have a few up there, but we have plenty
of live plenty of lines open, and so everybody all
have a chance to get their questions answered. And as
I said, I'm going to be doing this off the air.
This is Handle on the Law.
Speaker 2 (38:37):
You've been listening to the bill Handle Show.
Speaker 1 (38:39):
Catch My Show Monday through Friday six am to nine am,
and anytime on demand on the iHeartRadio app
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