Episode Transcript
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Speaker 1 (00:00):
You're listenings KFI AM six forty the Bill Handles show
on demand on the iHeartRadio. F all right, it is Saturday.
Speaker 2 (00:11):
Morning, Good morning, everybody, handle here, three lovely hours of
legal advice, marginal legal advice, and following our show, rich
tomorrow with the Tech Show and then Neil Savedra at
Disconso a restaurant.
Speaker 1 (00:29):
And you can look that up because he's gonna have well,
you got to call in.
Speaker 2 (00:34):
I think his reservations and there's still may be time
or maybe not.
Speaker 1 (00:38):
He'll talk about Monday. How much is fun? You didn't
have the number, Sorry about that, a little bit of
a cough.
Speaker 2 (00:50):
The number is eight hundred five two zero one five
three four. That's the number to call in, and.
Speaker 1 (00:57):
I'll give you exactly the same news every single.
Speaker 2 (01:02):
Week when we start the show, top of the hour.
Best time to call, first hour, top of the hour.
That's when every line is open, and we're already getting
a couple of them. But we are free and clear,
so please feel free to call in and get up
in the queue. As they say, the number eight hundred
(01:23):
five two zero one five three four.
Speaker 1 (01:26):
All answers it.
Speaker 2 (01:29):
Brilliant legal analysis, of course, is what I give. Sometimes
I impress myself. Most of the time, I don't well
very rarely, well almost never. Eight hundred five two zero
one five three four is the number two call. This
(01:53):
is handle on the law, marginal legal advice, where I
tell you you have absolutely no case.
Speaker 3 (02:01):
Now.
Speaker 2 (02:01):
I don't know if you're a pot smoker. I was,
and I know a lot of people who do. And
it's pretty wide open now, of course, because pot is
not only decriminalized, but it is perfectly legal, much like alcohol.
And this is a story about Los Angeles, where I live,
and this has to do with marijuana businesses. Now, the
(02:26):
reason marijuana, or one of the reasons marijuana became legalized,
is because there's a lot of tax dollars available. You
go to a dispensary and you are charged a tax,
a very healthy one. The distributor charged a tax, a
very healthy one. The grower charged a tax, a very
(02:48):
healthy one. So by the end of the process, legal
marijuana that is coming out of dispensary is hideously expensive,
to the point that illegal marijuana, which the bill was
intended to kill, moving the pot buying over to the
(03:12):
legal system, of which the state would get tons of
tax dollars, which the city would get tons of tax
dollars actually worked, but.
Speaker 1 (03:19):
That's going down.
Speaker 2 (03:20):
Why because taxes are so high that people are going, Okay,
you know, we're done. We're better off buying from our dealer.
We're better off buying from people who selling on street
corners than we are paying these insane prices.
Speaker 1 (03:37):
So the industry is struggling. So what happens. What does
the city council decide?
Speaker 2 (03:43):
They said, because we're not making enough money on these
taxes and the money is going to the illegal distributors.
Speaker 1 (03:52):
Let's raise more taxes. That's it. We need more money.
Speaker 2 (03:59):
And so these new fees, which the La City Council
approved unanimously, expected to bring in about six million dollars
a year to the city's Department of Cannabis Regulation. By
the way, under law, it's required to recoup all of
its expenses through fees and other charges, and it is
(04:19):
losing money. Why is it losing money Because the regulations
are so insane, and then the taxes are so high
to pay for the regulations.
Speaker 1 (04:29):
The bureaucracy has become a nightmare. Well goodbye.
Speaker 2 (04:35):
It's now more taxes going to be more expensive, which
I'm assuming people are going to pay fewer taxes because
they're going to be buying less legal marijuana. Four straight years,
gross receipt from marijuana sales exceeded one hundred million dollars
and now it dropped to about ninety million dollars.
Speaker 1 (04:56):
That was last year.
Speaker 2 (04:58):
So you've got state, local taxes, the high cost of
doing business, lack of access to traditional banking and financing.
They can't go through the normal banking system because marijuana
is still a federal crime and there's no way the
back banking system, which is controlled federally, is going to
(05:22):
go against federal law. They can't, so traditional banking that's gone.
And so the problem is, unfortunately, if you buy legal pot,
you're going to be paying yet more taxes. Thank goodness
that I don't buy pot. I don't smoke pot, and
when I do, I get it for free. All right,
(05:46):
let's go ahead and take a.
Speaker 1 (05:50):
Phone call or to Roger. Hello, Roger, welcome.
Speaker 4 (05:55):
Hi Bill. Yeah, So my car was parked in front
of my house on the street and it was hit
and it's been claimed as a total loss by the
insurance company, and it was one of three cars that
were hit. Might happened to be the first one that
was hit. The other two did not sustain as much
damage at all. In fact, both of them were still drivable.
Speaker 5 (06:16):
Mine was not.
Speaker 4 (06:17):
Now the driver only had fifteen thousand dollars minimal coverage,
and I got my statement here from the insurance company
by the witch. It took them four months to do this,
and their settlement is they're telling me that I'm only
entitled to sixty one hundred and I disagree with that because,
(06:40):
first and foremost, it took four months to settle this.
I've been without the car, and sixty one hundred dollars
to me does not seem the right proportion of the
fifteen thousand. What recourse do I have?
Speaker 1 (06:53):
Not much? You could appeal it.
Speaker 2 (06:55):
You can appeal their decision and the end turnaround and
sue them. But let me ask you disagree with a
sixty one hundred dollars, which is, you know, less than
fifty percent of the damage. So the driver is completely
at fault obviously and has caused all of this damage,
(07:16):
and the insurance company now apportions the amount of money
that is paid. What what should you get?
Speaker 1 (07:25):
You think.
Speaker 6 (07:27):
I would settle for anything?
Speaker 7 (07:29):
You know?
Speaker 4 (07:29):
Seven thousand or more. My car is worth about ninety
five hundred.
Speaker 2 (07:35):
Yeah, that doesn't matter. Your car could be worth one
hundred thousand dollars. None of that matters. You know, Yeah,
you're gonna you could go with the underinsured part of
your policy if you have comprehensive but I don't think
they're gonna go much more in that, or they just
might write your check for nine hundred dollars, So appeal
(07:56):
it through whatever appeal system. The insurance company that's willing
to pay sixty one hundred dollars call your insurance agent
and find out do you want to claim under your
underinsured which shouldn't ding you, by the way, because you're
making a claim on a accident that wasn't your fault,
and see if that flies. But it's so close your
(08:17):
insurance company can say no, thank you. You do have comprehensive, right,
I do not.
Speaker 4 (08:23):
I had minimums on my car.
Speaker 1 (08:24):
Okay, you're screwed. You're screwed.
Speaker 4 (08:27):
I'm screwed. Okay, pretty much. What about small flames?
Speaker 2 (08:31):
You can try, But if you accept the sixty one
hundred dollars, then you've written it off. Then you're saying
I'm accepting sixty one hundred dollars. You can't accept it
and then go ahead and file a lawsuit because you
say the doctor file lawsuit.
Speaker 4 (08:50):
So the film ons it took them to give me
an offer. I don't have any record.
Speaker 1 (08:54):
Yeah, not really, not really.
Speaker 2 (08:56):
Yeah, there's I mean you can go under Well, no
you can't cause you don't have insurance. Yeah, you're pretty
well squad. But it's been a pleasure talking to you. Excellent.
Speaker 1 (09:06):
Mike.
Speaker 6 (09:07):
Oh, Mike, no, bill uh?
Speaker 8 (09:11):
Transfer?
Speaker 6 (09:11):
If I kick the bucket, I put my house?
Speaker 9 (09:16):
Can I should?
Speaker 6 (09:17):
I I like to do a TO D D. That's
what they call transfer on death, okay, and then leave
it to leave it to my beneficiaries. Milett, Well, I
have any PROBA problems lawyers going after it and stuff?
Speaker 2 (09:30):
Well, lawyers go after anything, depending on who you're leaving
money to. But why don't you throw it in a
trust and then the trustee transfers it.
Speaker 6 (09:39):
Can I still sell the house while I'm alive?
Speaker 1 (09:41):
Yep, yep. Because you're going to be the trustee, you
can do whatever the hell you want.
Speaker 6 (09:46):
So you don't advise a T O D D.
Speaker 2 (09:49):
I you know what I frankly, I have never heard
of to d D because no, I understand to transfer
on death, and I'm just trying to figure out when,
if you're in a trust, you transfer the property upon death.
And so there's something missing that I don't understand, and
it could very well be that transfers upon death are
(10:12):
all over the place.
Speaker 6 (10:13):
And I tell you are Bill, Bill, you are a
California lawyer, aren't you?
Speaker 3 (10:18):
Barely?
Speaker 1 (10:19):
Barely?
Speaker 6 (10:21):
But I will be you woke me up?
Speaker 7 (10:24):
All right?
Speaker 1 (10:24):
Great, all right?
Speaker 2 (10:25):
So, oh my god, we're in the first quarter of
the show, and I've already said I don't know, but
if any real estate lawyer can help me out on that,
don't bother.
Speaker 1 (10:38):
This is handle on the law. This is can't I
am six forty Bill handle.
Speaker 2 (10:45):
It is a Saturday morning, and we've got plenty of
handle on the law to go right until eleven o'clock
and then I still take phone calls, but I'll talk
about that way later. And the phone number is eight
hundred and five to two zero one five three four eight
hundred five.
Speaker 1 (11:03):
Two zero one five three four.
Speaker 2 (11:05):
And since we're close to the beginning of the show,
then we ramp up and get phone phone calls coming in.
And one of the things about this show is I
can't show do the show without you because it's an
advice show, and so it is what we call caller driven. Now,
if you listen to the morning show, which I am
(11:26):
the host, you'll notice we.
Speaker 1 (11:27):
Don't take phone calls.
Speaker 2 (11:28):
And the reason we don't take phone calls, particularly caller
driven phone calls, because you know, it's all predicated on
your calls. So the number eight hundred five two zero
one five three four eight hundred five two zero one
five three four. Also, keep in mind you're talking to
someone who has a fast, deep knowledge of the law,
(11:50):
and you don't often get that when you're talking to
an attorney, especially for free. So I just wanted to
point that out. One hundred and five two zero one
five three four. Welcome back. Handle on the law, Marginal
legal Advice. Michael Yello. Michael Yo, Michael. See, we have
(12:16):
a little bit of a delay on this just in
case people are going to be swey.
Speaker 1 (12:22):
See there you go. All right, Michael, what can I
do for you?
Speaker 9 (12:26):
I got a question for you, sir.
Speaker 7 (12:28):
Yeah, on let's see here ju June twenty fifth, No
excuse me, made May twenty third.
Speaker 1 (12:39):
Yeah, it doesn't matter. I mean, okay, all right, how
long ago?
Speaker 2 (12:43):
Just tell me eight weeks ago, five months ago, four
years ago, that's what I want to hear.
Speaker 4 (12:47):
Two years ago.
Speaker 1 (12:48):
Okay, that helps.
Speaker 5 (12:51):
And I had went into the hospital to get a
colonoscopy and during the procedure they punctured.
Speaker 1 (12:59):
Michael, ooh, those are not fun when that happens. And
I happen to like colon.
Speaker 2 (13:05):
By the way, I just to let you know, I
buy coop, I buy coupon books for colonoscopiece. You know
you do tend to get one free. Okay, So your
colon was punctured, which does happen? And that is no
fun at all?
Speaker 1 (13:17):
All right, go ahead, okay.
Speaker 5 (13:20):
And eventually they're telling me I have a case?
Speaker 1 (13:27):
Who is? Who is they? Michael?
Speaker 10 (13:30):
You got it?
Speaker 1 (13:31):
You gotta tell me who that is. A lawyer told
you you have a case. Okay, the case.
Speaker 5 (13:36):
Okay, So we file h swing teiser initially maybe for
two hundred and fifty thousand dollars, let me you know.
Speaker 1 (13:49):
That the starting Yeah, got it?
Speaker 5 (13:51):
So yeah, so uh, maybe a year later, the lawyer
calls me and I asked him, and so Sunday and
he says, and I asked him how much of this.
Speaker 4 (14:03):
Two hundred and fifty thousand dollars do I walk with?
And he said, oh, we're past that.
Speaker 5 (14:10):
I'm going to get you either three or one point
five or minimum seven hundred and fifty thousand dollars okay.
And now he's acting like I don't have a case okay,
and that it's about to close. Now I don't know.
Speaker 1 (14:33):
I mean, wait, wait, wait, wait, hold on, what is
what is about to close my case?
Speaker 2 (14:38):
And did he say why it's quote about to close?
Because I don't know what that means either.
Speaker 5 (14:44):
I mean, the case is going to be finalized, is
what I mean by clothes?
Speaker 1 (14:48):
Now, only if you agree to it. Only if you agree,
he's going to come to you and go, here's the offer,
here's what they're willing to pay. H And do you
accept it? Do you not accept it? It's your call?
Speaker 5 (15:01):
Oh, he never has came to me with that option.
Speaker 2 (15:04):
Yeah, it's always your car call, Michael. He's not going
to settle the case without you okaying it. That's malpractice.
He doesn't have the authority to settle the case without
your involvement. It's your case, it's not his, Michael.
Speaker 1 (15:21):
Okay. So did he settle the case.
Speaker 5 (15:25):
That's what I'm trying to get from you. How do
I find out if that is?
Speaker 4 (15:30):
Because I never got there?
Speaker 1 (15:31):
You ask him, You asked him, Well, he hasn't settled
the case because you asked him.
Speaker 2 (15:35):
Do you have any money? Did you settle it? How
much money did you get? What happened? Did you file
the lawsuit?
Speaker 1 (15:41):
If you're going against Kaiser, then it's what it is.
Speaker 2 (15:47):
It's an administrative decision. You're going into arbitration, usually binding arbitration.
So there's a lot of questions to ask. So you
have to ask him. Okay, here's what I want to know.
Speaker 3 (16:01):
Now.
Speaker 2 (16:01):
It could be he wants to bail out because the
case is a lot more complicated than he's originally said
or thought. But if he tells you it's worth two
hundred and fifty thousand dollars and later on he says
one point five million dollars, that stinks to high heaven.
I'll tell you that now, because it's the same injury.
Your colon was punctured, and people who have experience in
(16:24):
that would never do that. So something's going on that
I don't understand. But ask the questions, and the bottom line,
if you're unhappy, get another lawyer, Michael, you own the case.
It's yours, okay, at least it at least yeah, go ahead.
Speaker 9 (16:42):
They if he did, they.
Speaker 5 (16:44):
Give out on the case without my okay, what is
my what is MyD.
Speaker 1 (16:50):
What do you mean if if he did? Is that
what you're saying? Yes, well, Benet's there's no settlement, it
doesn't exist. You set it aside because you didn't agree
to it, and you turn them into the state bar.
Get another lawyer, at least at least get.
Speaker 2 (17:08):
A second opinion, because that seems to me not a
lot of that makes sense.
Speaker 1 (17:13):
I mean, lawyers don't settle the case.
Speaker 2 (17:14):
They'll come up and say, hey, they're willing to pay
you this much money or you have okayd if you
can get X dollars, mister lawyer representing me, I will
accept it.
Speaker 1 (17:27):
And you have up to.
Speaker 2 (17:28):
Two hundred and fifty thousand dollars, and that is that's
pain and suffering, plus you got compensatory how much how
much work did you lose? I mean all the rest
of it. And the other problem is is there a defense? Yeah,
you accept the risk of a colon puncture. Now is
that valid? Well, they say, it is, but you can't
(17:50):
waive malpractice.
Speaker 1 (17:51):
So I wasn't there, although I may have been in
the bed next to you, because I said, I really
like these colonoskies. I just enjoy them.
Speaker 2 (18:00):
All right, let's talk about artificial insemina in semination. I
always keep doing that artificial intelligence. You know, I go
back to thirty five years of work in the reproductive
law business.
Speaker 1 (18:17):
So AI to me, what do you think it is? Right?
Speaker 2 (18:20):
All right, Artificial intelligence AI. If your business is not
using AI, you're probably losing money and maybe a lot
of it. You're losing productivity, a competitive edge. I mean
that's sort of a given.
Speaker 1 (18:31):
Today. Let me tell you about NetSuite. This is a company.
Speaker 2 (18:35):
This is a program that helps you control costs and
increase efficiency. And what that does is help you do
business better. Forecast makes your business smoother, faster. It's the
number one cloud business management system, bringing accounting, financial management inventory.
If you do that, I do HR into one efficient suite,
(18:56):
so you don't have to worry about any of it.
It's all done. Every program speaks to every other one
because there's one allowing you to do what you do,
and that is run your business. So let me suggest
looking at NetSuite and it's a netsuitet dot com slash handle.
If you do two million dollars or more, download the
(19:18):
free guide to AI and Machine Learning and see if
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hotel suites, NetSuite dot com slash handle. That's NetSuite dot
com slash handle. This is handle on the law.
Speaker 10 (19:44):
You're listening to bill handle on demand from KF I
am six forty.
Speaker 2 (19:51):
KFI handle here on a Saturday morning, phone number eight
hundred and five two zero one five three four. Welcome back,
Marginal Lee, Go ad vice where I tell you you
have no case? Lisa, Hello Lisa, what can I do
for you?
Speaker 8 (20:09):
Hi? I'm in a new community in North Carolina and
there's eighty units and during the first year there was
a problem with my back patio wasn't pitched right, got
all stained and for many times they say they were
going to replace it.
Speaker 1 (20:28):
Now there, okay, hold on. I love it when people
say they said, you got to tell me who it
was that said it. Lisa the builder, the builder said
that he was he or she was going to replace it.
Got it? Thank you? That helps, go ahead?
Speaker 8 (20:44):
Okay, sorry, And three other men were standing there saying
it was needed to be replaced.
Speaker 1 (20:49):
Well, other men three way. Wait, wait, wait, we got
to get these facts straight.
Speaker 2 (20:54):
The builder and three other men from the building company
or from some city organization or from the hoau. Do
you know where the three other guys were from?
Speaker 8 (21:06):
Yes, co workers and journeymen who were attending to the
possible repairs.
Speaker 1 (21:13):
Okay, that'll yes, ma'am. So move on.
Speaker 8 (21:17):
So now that first year has passed, we're into the
second year where it's a builder's warranty and he has
to go onto the warranty. He's now finished and solds
his last two units. I think he has to put
a new road down to absolutely finish and walk away.
But nothing's been done. There's been one excuse after another
(21:38):
about the weather and pouring cement. Yet they've poured the
cement for the last two units without a problem. And
I'm getting less behind and I'm afraid he's just going
to walk away all right. He gets written.
Speaker 2 (21:51):
Off by the say sounds that way. Have you gotten
a bid in terms of fixing it, or redoing.
Speaker 8 (21:56):
It from a different contractor yeah, an outside contractor yep, no,
I have not.
Speaker 2 (22:03):
Okay, that's your next step. You get admit because that
that is your damage. Okay, your the court isn't going
to order him to fix it. That if he and
if you would get a court to order him to
fix it, he's gonna do a crap.
Speaker 1 (22:18):
Job for you. So your damages are x dollars.
Speaker 2 (22:23):
I don't know what the small claims jurisdictional limits are
from North Carolina, but here in California is twelve five
hundred dollars.
Speaker 1 (22:32):
So you look it up. Now.
Speaker 2 (22:33):
If it has to be redone completely, then you're in
lawyer time, especially if it's twenty thirty thousand dollars. I
have no idea what it costs to do a deck
where you live. I know that a deck where I
live can be astronomical.
Speaker 8 (22:51):
So is there a bond that he puts up to
this city?
Speaker 1 (22:54):
Yeah?
Speaker 2 (22:54):
Oh yeah, yeah builders, oh yeah yeah. The state will
probably have a bond. Again, all I can tell you
is my experience in California, but most states do this.
There probably is a bond, and you want to find
what that is about, and you make a claim against
the bond, But it's all predicated on how much it's
going to cost to fix or repair and the fact
(23:15):
he claims inclement weather.
Speaker 1 (23:19):
And still does it for someone else.
Speaker 2 (23:21):
Actually, the colder the temperature, the better it is to
pour cement because you don't want it to cure so
quickly that you have all kinds of issues with it
cracking and separating.
Speaker 1 (23:33):
So that's how you do it. That's a pretty good question,
actually not bad, Johnny, Hi, Johnny, welcome, Hey Bill, Yes.
Speaker 9 (23:44):
Okay, yes, And California where you retain legal counsel, what
is it a charge that the attorney's charged by the hour?
Speaker 5 (23:52):
How is that?
Speaker 1 (23:53):
Yeah, that's actually a good question. Okay.
Speaker 2 (23:55):
It depends on your case. It depends, frankly, on how
much money you have. It depends on the expertise of
the lawyer, because sort of the minimum lawyer that you're
looking at is probably four or five hundred dollars an hour,
and that's for a generalist, and it's sort of the
(24:17):
low end. That doesn't mean you're not going to get
a lawyer for four or five hundred dollars an hour,
but were a good one, but that is low end.
Speaker 1 (24:25):
Now we start moving up.
Speaker 2 (24:27):
Okay, there are divorce attorneys that charge one thousand dollars
an hour, and they are celebrity attorneys or they work
with high net worth people, and you walk in and
that's what they're going to give you, and you walk
out because you're not going to pay one thousand dollars
an hour. There are appeals lawyers that charge twelve and
(24:49):
thirteen hundred dollars an hour. So it runs the gamut.
It runs the gamut. And if you have a really
simple case, it may bee you go to a lawyer
that charges four or five hundred bucks. If you have
a very complicated case and you need a lawyer with
real experience, for example, a bankruptcy lawyer, and there are
(25:10):
a lot of assets over a big period or a
large geographical area, and you have a lot of people
involved in it making claims, et cetera. You're talking about
not only eight hundred, nine hundred dollars an hour, but
over years, those cases can easily cost in the hundreds
of thousands of dollars in legal fees. So, Johnny, let
(25:31):
me ask you, why do you need a lawyer or
are you just curious?
Speaker 4 (25:35):
Yeah, why do I need a lawyer?
Speaker 3 (25:37):
Well, I'm a small business owner and i'm you know,
I do sales and sometimes I go to areas where
I have to do what I have to do, and
you know, you're you just want to have someone in
(25:57):
your back pocket in case some litigation comes down.
Speaker 1 (26:02):
Okay, okays fair.
Speaker 2 (26:03):
But so you're talking about a lawyer on retainer, you
pay them a couple thousand dollars you well, then there
he is, you know, I mean.
Speaker 1 (26:09):
That's how you have a lawyer in your back pocket.
Speaker 2 (26:10):
Or there are these organizations, it's sort of quasi insurance
organizations where you pay one hundred dollars a month or
eighty bucks a month. You're not hiring an individual lawyer,
You're hiring the organization. It's an insurance company effectively that
then hires lawyers for you and.
Speaker 9 (26:27):
Will write Okay, okay. My second question two is like,
when the case is settled, can you just say take
that money, all of those repees out of the settlement,
out of the Yeah.
Speaker 2 (26:38):
They don't have to sure, you can ask, you can
ask anything. Huh, But does that mean they're going to
accept that? Not necessarily, So there are no hard and
fast rules at all on this OLGA.
Speaker 1 (26:53):
Hello, olga Hi, Yes.
Speaker 11 (26:55):
Yes, okay, switching to.
Speaker 12 (27:01):
I had to put my dog to sleep. She lived
with us, so fifteen years time came to put her
to sleep. So my dad said, you know, you should
do individual premation. You'll get your ashes with the urn.
You can bury it in your yard.
Speaker 11 (27:15):
I said, okay, I'll go for it.
Speaker 12 (27:17):
So I filled all the forms you know, to receive
the ashes with the dog so that me and the
kids can bury it. Blah blah blah. So a week
later I call and say, well, nobody called me.
Speaker 8 (27:29):
Was the deal?
Speaker 12 (27:29):
I was like, oopswe made a mistake.
Speaker 8 (27:31):
It's on our end.
Speaker 12 (27:33):
She was thrown into communal bearing. Do I have a
case for emotional distress?
Speaker 2 (27:39):
Okay, a couple of things. Let's start with I put
my dog to sleep. You didn't put your dog to sleep.
You had the dog killed. Let's be honest about it.
Speaker 1 (27:49):
I hate this.
Speaker 11 (27:49):
I put my That's fine, that's fine because she was
the suffering. She was very sleep.
Speaker 1 (27:55):
No. I have put down dogs. I have put down dogs.
Speaker 2 (28:01):
Yeah, yeah, and yeah that's tough because they last fifteen years.
Speaker 12 (28:04):
It was yeah.
Speaker 2 (28:07):
Usually it is euthanasia as opposed to taking a shotgun
and holding into their head.
Speaker 1 (28:11):
Okay.
Speaker 2 (28:11):
So now what he did is he threw it in
a common burial area, which as you described, and he
didn't give you the ashes. If he were to call
me and do on the other side, I would simply
ask him do you have a fireplace at home? But
that goes off in a whole different direction. Do you
(28:34):
have a case for emotional distress?
Speaker 1 (28:37):
Yeah you might. You might.
Speaker 2 (28:39):
Now you don't have a case for the value of
the dog, because first of all, it's a dead dog.
But emotional distress you might because he was negligent, this
is what he said was going to happen.
Speaker 1 (28:50):
Yeah, you very well might. Now the problem is how
do you prove emotional distress? How much emotionally distressed are you? Okay,
we don't know that.
Speaker 2 (29:02):
So you can't just say I'm emotionally distressed and say
I want a zillion dollars.
Speaker 1 (29:06):
You can't do that.
Speaker 2 (29:08):
So how do they figure that out? Well, you go
to a shrink, you go to away and then you.
Speaker 11 (29:14):
I'm sorry, I tell you, I tell you how we'll
figure it out.
Speaker 6 (29:18):
Is it a.
Speaker 12 (29:19):
Small claims court or is it full blown lawyer?
Speaker 1 (29:23):
It's a full blow. It's a full blow.
Speaker 2 (29:24):
It's full blown litigation, small claims court will never get
emotional distress. Ever, how much money do you want? Hung in, Oh,
how much money do you want? Because this is all
about money, that's it. How much money do you think
it's worth? How much you think it's worth.
Speaker 12 (29:38):
I think it's a fair deal around ten thousand, all right,
or at.
Speaker 1 (29:41):
Least you're not going for two hundred thousand dollars. But
what I would do reasonable? Yeah, well, yeah you are.
Speaker 2 (29:48):
I would know whether you're legally I have a legal basis.
The only way to prove it is to go to
a shrink and have the shrink actually testify how emotionally
distressed you are. The problem is that's probably going to
cost you more than ten thousand dollars.
Speaker 11 (30:03):
So that's okay, that's a good advice, because you know
I had rough few years. Everybody died.
Speaker 1 (30:10):
I get it.
Speaker 2 (30:12):
No, dogs are part of family. I happen to be
married to someone and we have two dogs. And if
she were to choose between me and the dogs, which
way do you think she'd go. I understand that people
love their animals.
Speaker 1 (30:26):
The problem is very.
Speaker 11 (30:28):
What I tell you more that in this country people
treat dogs better than people of course it comes to animals.
Everybody's united as they.
Speaker 1 (30:39):
Where are you from? All go where you're from?
Speaker 6 (30:42):
Russian?
Speaker 2 (30:42):
Yeah, I sound like a Russian name, very good, no
accent either. Okay, that's the answering, and it is a
legitimate question, but it's a question of proving it. And
emotional distress. I mean, that's so subjective. There has to
be some kind of objectivity. Now, I drink coffee and
I have coffee breath, and I also eat onions, so
(31:07):
I end up having onion breath, and I wake up
in the morning and I have morning breath.
Speaker 1 (31:13):
I mean, there's no way around it. And do you
have bad breath? Do you have smelly breath?
Speaker 2 (31:17):
Well, of course not, because you never wake up in
the morning, and you never drink coffee or you never
eat onions or garlic or anything that can cause smelly breath.
So let me suggest dealing with it with Zelmon's minty mouth.
These are little capsules that are covered with a pretty
strong minty coating. They're really good, and you pop two
(31:38):
or three in your mouth and that you suck off
the mint and that takes care of the mouthpart, nice
and fresh and clean, and then you swallow or bite
into the capsules and what happens is they go into
your stomach because the foods you eat cause bad breath.
It's not like the food just disappears. It's churning and
the acids and you know, smelly breath comes out. There's
(31:58):
no way around it. Well with him Zelman's minte mouth
mm hmm. That's fresh, clean breath that lasts for hours
and hours and it's a double hit with Zelman's mouth
stomach and no mint in the world does that. So
go to Zelmans dot com z E L M I
N S. Zelmans dot com and the promo code is KFI.
(32:20):
Zelmans dot com promo code KFI. This is Handle on
the Law. This is KFI bill handle here. Oh today,
by the way, is eighty years This remembering the bombing
of Nagasaki, the second atomic bomb that dropped on Japan.
Speaker 1 (32:41):
Phone number here is eight hundred five two zero one
five three four.
Speaker 2 (32:44):
Still have a few lines open eight hundred five to
zero one five three four.
Speaker 1 (32:51):
Welcome back. Handle on the Law. Marginal legal advice. Paul,
Hello Paul.
Speaker 10 (33:00):
In the morning.
Speaker 13 (33:01):
Yeah, on Sunday last Sunday, I went into a restaurant
and uh next day later, I said, very very sick,
and and yesterday I got tested with COVID?
Speaker 3 (33:16):
Okay, and which I.
Speaker 13 (33:17):
And any recourse against the restaurant?
Speaker 1 (33:21):
To let me?
Speaker 2 (33:23):
Let me okay, let me ask you a question. First
of all, where are you from? I don't recognize the.
Speaker 4 (33:26):
Accents where I'm from?
Speaker 5 (33:30):
Yeah?
Speaker 1 (33:30):
Yeah, where are you from? OPI got it? Okay? I
with you guess that?
Speaker 3 (33:35):
Uh?
Speaker 2 (33:36):
Do you have any recourse against the restaurant? Well, first
of all, you have to look at you go to
a restaurant and the next day you get sick. I
don't think COVID works that way. I think there is
an incubation period. So that's one defense.
Speaker 9 (33:51):
Uh.
Speaker 1 (33:51):
The other defense is, uh, Paul, could you have gotten
it anyplace else? Did you go any place? Did you
talk to anybody? Did you meet anybody? Or you went
to your house?
Speaker 2 (34:05):
From your house by yourself, drove to the restaurant, walked in.
You didn't sit next to anybody because the restaurant would
know they don't test for COVID. And then you went
back home and got sick the next day.
Speaker 1 (34:21):
What do you think?
Speaker 13 (34:23):
So I a friend of mine picked me up and
we went to.
Speaker 2 (34:29):
You.
Speaker 1 (34:29):
How do you know you didn't get COVID from your friend.
Speaker 13 (34:34):
She happened to be healthy, so I never had no
By the.
Speaker 1 (34:38):
Way, people people who have COVID sometimes don't show any symptoms.
Speaker 9 (34:43):
About it.
Speaker 1 (34:44):
Okay, yeah, so I know you got nothing there. Oh,
I forgot to ask what kind of restaurant? Ooh, there
you go, Daniel, Hi, Daniel, welcome. What can I do
for you? Hey?
Speaker 7 (34:56):
Bill?
Speaker 10 (34:56):
How you doing? Yes, sir, I got a question. I
have a house that is in need of roof replacement,
and I've done some quotes from different people and the
cost is is like phenomenal. Yeah, and a friend of
mine told me that I should go through my insurance
company for that roof replacement. And my question to you is,
(35:20):
if I do go through my insurance, can they drop
me if they don't pay for that roof replacement?
Speaker 2 (35:29):
Okay, ooh, that's a good question. So let me go
through the scenario with you. First of all, wear and
tear on your roof they're not going to pay for.
There has to be some incident that causes the roof
to go south, the tree goes through it, You've got
you know, the roof, some repair that was done badly, whatever.
Speaker 1 (35:49):
So it's not just my roof is going south and
how old is your roof?
Speaker 2 (35:54):
That's the question I'm asking because some roof I mean
roofs last what thirty years and then they have to
be rep and the insurance company isn't gonna pay for that. Now,
the issue is can they drop you if you don't
pay for it? Can they drop you if they do
pay for it? Daniel, they can drop you because it's Tuesday.
Speaker 5 (36:14):
Okay.
Speaker 2 (36:15):
There are plenty of reasons insurance companies drop the insured
drop customers. Number one, they don't want to be in
that area anymore. Number Two, there lost too much money
on roofs and they just exclude people. Now, we're not
going to cover roofs. It could be in a fire zone.
That's what we have here in southern California, tons and
tons of fire zones, and insurance companies simply they say
(36:38):
we're not gonna deal with that. So yeah, all kinds
of answers, all kinds of reasons. They can drop you
at any time. They don't have to give you a reason. Now,
can they drop you in the middle of your policy?
They cannot. They have to wait until the policy ends,
and then they will not renew. They'll tell you Nope,
we're done, or they'll tell you, yeah, you have to
(36:59):
renew and got thirty days, et cetera to do that.
So why is your roof needed or why is your
roof needing repair?
Speaker 10 (37:07):
Well, the roof, it's already the machine gus already coming
apart and falling off. I got a couple of leaks.
Speaker 11 (37:14):
Okay, how old?
Speaker 1 (37:15):
How old is the roof? How old is the roof?
Speaker 10 (37:17):
Daniel, It's about twenty years old.
Speaker 2 (37:19):
Yeah, see they're going to say it's about twenty years old,
and that's what happens. Yeah, so you're kind of out.
You're kind of out of luck there, as in, you
have no case you can try. I mean sometimes you
can argue, you know, weather and you know sometimes Okay,
they go, we'll cover, we'll uncover. Hey, are you in pain?
(37:40):
I mean chronic pain? I mean you hurt all the time.
Speaker 1 (37:44):
And I happen to live with someone who does, and
it's it's tough, not only to have the pain, but
to live with it.
Speaker 2 (37:52):
To be with someone who does. It's so frustrating, especially
when you can't do anything. So let me tell you
about the Pain Game podcast. The Pain Game Podcast is
about helping people who live in this kind of pain,
Who treat people who live in this kind of pain,
who live with people, just have loved ones, dear friends.
(38:14):
The Pain Game Podcast is about helping you. Actually, it
was started by a young lady who lives in chronic
pain and does it's tough to see. I live with her,
and so she started this as a way of dealing
with her pain and void does it help because people
are helped, they understand what it's about, they look for treatment,
(38:35):
they get referrals. That's the Pain Game Podcast. They set
up conversations with folks. So she has experts, she has
people who suffer, she has people who deal with it.
I mean, it's across the board. It is the Pain
Game Podcast. And every episode ends with a message of hope.
And here's one that is counterintuitive but absolutely well. You
(38:56):
see what I'm talking about if you listen to the
Pain Game Podcast. It's about giving pain purpose, making pain,
giving you purpose.
Speaker 1 (39:06):
That is something that the show does that you're not
going to find anyplace else. It's the Pain Game Podcast,
the Pain Game Podcast on social It's at The Pain
Game Podcast. Season three is now in full force. The
Pain Game Podcast This is Handle on the Law.
Speaker 10 (39:26):
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 all right, it is Saturday.
Speaker 2 (00:11):
Morning, Good morning, everybody, handle here, three lovely hours of
legal advice, marginal legal advice, and following our show, rich
tomorrow with the Tech Show and then Neil Savedra at
Disconso a restaurant.
Speaker 1 (00:29):
And you can look that up because he's gonna have well,
you got to call in.
Speaker 2 (00:34):
I think his reservations and there's still may be time
or maybe not.
Speaker 1 (00:38):
He'll talk about Monday. How much is fun? You didn't
have the number, Sorry about that, a little bit of
a cough.
Speaker 2 (00:50):
The number is eight hundred five two zero one five
three four. That's the number to call in, and.
Speaker 1 (00:57):
I'll give you exactly the same news every single.
Speaker 2 (01:02):
Week when we start the show, top of the hour.
Best time to call, first hour, top of the hour.
That's when every line is open, and we're already getting
a couple of them. But we are free and clear,
so please feel free to call in and get up
in the queue. As they say, the number eight hundred
(01:23):
five two zero one five three four.
Speaker 1 (01:26):
All answers it.
Speaker 2 (01:29):
Brilliant legal analysis, of course, is what I give. Sometimes
I impress myself. Most of the time, I don't well
very rarely, well almost never. Eight hundred five two zero
one five three four is the number two call. This
(01:53):
is handle on the law, marginal legal advice, where I
tell you you have absolutely no case.
Speaker 3 (02:01):
Now.
Speaker 2 (02:01):
I don't know if you're a pot smoker. I was,
and I know a lot of people who do. And
it's pretty wide open now, of course, because pot is
not only decriminalized, but it is perfectly legal, much like alcohol.
And this is a story about Los Angeles, where I live,
and this has to do with marijuana businesses. Now, the
(02:26):
reason marijuana, or one of the reasons marijuana became legalized,
is because there's a lot of tax dollars available. You
go to a dispensary and you are charged a tax,
a very healthy one. The distributor charged a tax, a
very healthy one. The grower charged a tax, a very
(02:48):
healthy one. So by the end of the process, legal
marijuana that is coming out of dispensary is hideously expensive,
to the point that illegal marijuana, which the bill was
intended to kill, moving the pot buying over to the
(03:12):
legal system, of which the state would get tons of
tax dollars, which the city would get tons of tax
dollars actually worked, but.
Speaker 1 (03:19):
That's going down.
Speaker 2 (03:20):
Why because taxes are so high that people are going, Okay,
you know, we're done. We're better off buying from our dealer.
We're better off buying from people who selling on street
corners than we are paying these insane prices.
Speaker 1 (03:37):
So the industry is struggling. So what happens. What does
the city council decide?
Speaker 2 (03:43):
They said, because we're not making enough money on these
taxes and the money is going to the illegal distributors.
Speaker 1 (03:52):
Let's raise more taxes. That's it. We need more money.
Speaker 2 (03:59):
And so these new fees, which the La City Council
approved unanimously, expected to bring in about six million dollars
a year to the city's Department of Cannabis Regulation. By
the way, under law, it's required to recoup all of
its expenses through fees and other charges, and it is
(04:19):
losing money. Why is it losing money Because the regulations
are so insane, and then the taxes are so high
to pay for the regulations.
Speaker 1 (04:29):
The bureaucracy has become a nightmare. Well goodbye.
Speaker 2 (04:35):
It's now more taxes going to be more expensive, which
I'm assuming people are going to pay fewer taxes because
they're going to be buying less legal marijuana. Four straight years,
gross receipt from marijuana sales exceeded one hundred million dollars
and now it dropped to about ninety million dollars.
Speaker 1 (04:56):
That was last year.
Speaker 2 (04:58):
So you've got state, local taxes, the high cost of
doing business, lack of access to traditional banking and financing.
They can't go through the normal banking system because marijuana
is still a federal crime and there's no way the
back banking system, which is controlled federally, is going to
(05:22):
go against federal law. They can't, so traditional banking that's gone.
And so the problem is, unfortunately, if you buy legal pot,
you're going to be paying yet more taxes. Thank goodness
that I don't buy pot. I don't smoke pot, and
when I do, I get it for free. All right,
(05:46):
let's go ahead and take a.
Speaker 1 (05:50):
Phone call or to Roger. Hello, Roger, welcome.
Speaker 4 (05:55):
Hi Bill. Yeah, So my car was parked in front
of my house on the street and it was hit
and it's been claimed as a total loss by the
insurance company, and it was one of three cars that
were hit. Might happened to be the first one that
was hit. The other two did not sustain as much
damage at all. In fact, both of them were still drivable.
Speaker 5 (06:16):
Mine was not.
Speaker 4 (06:17):
Now the driver only had fifteen thousand dollars minimal coverage,
and I got my statement here from the insurance company
by the witch. It took them four months to do this,
and their settlement is they're telling me that I'm only
entitled to sixty one hundred and I disagree with that because,
(06:40):
first and foremost, it took four months to settle this.
I've been without the car, and sixty one hundred dollars
to me does not seem the right proportion of the
fifteen thousand. What recourse do I have?
Speaker 1 (06:53):
Not much? You could appeal it.
Speaker 2 (06:55):
You can appeal their decision and the end turnaround and
sue them. But let me ask you disagree with a
sixty one hundred dollars, which is, you know, less than
fifty percent of the damage. So the driver is completely
at fault obviously and has caused all of this damage,
(07:16):
and the insurance company now apportions the amount of money
that is paid. What what should you get?
Speaker 1 (07:25):
You think.
Speaker 6 (07:27):
I would settle for anything?
Speaker 7 (07:29):
You know?
Speaker 4 (07:29):
Seven thousand or more. My car is worth about ninety
five hundred.
Speaker 2 (07:35):
Yeah, that doesn't matter. Your car could be worth one
hundred thousand dollars. None of that matters. You know, Yeah,
you're gonna you could go with the underinsured part of
your policy if you have comprehensive but I don't think
they're gonna go much more in that, or they just
might write your check for nine hundred dollars, So appeal
(07:56):
it through whatever appeal system. The insurance company that's willing
to pay sixty one hundred dollars call your insurance agent
and find out do you want to claim under your
underinsured which shouldn't ding you, by the way, because you're
making a claim on a accident that wasn't your fault,
and see if that flies. But it's so close your
(08:17):
insurance company can say no, thank you. You do have comprehensive, right,
I do not.
Speaker 4 (08:23):
I had minimums on my car.
Speaker 1 (08:24):
Okay, you're screwed. You're screwed.
Speaker 4 (08:27):
I'm screwed. Okay, pretty much. What about small flames?
Speaker 2 (08:31):
You can try, But if you accept the sixty one
hundred dollars, then you've written it off. Then you're saying
I'm accepting sixty one hundred dollars. You can't accept it
and then go ahead and file a lawsuit because you
say the doctor file lawsuit.
Speaker 4 (08:50):
So the film ons it took them to give me
an offer. I don't have any record.
Speaker 1 (08:54):
Yeah, not really, not really.
Speaker 2 (08:56):
Yeah, there's I mean you can go under Well, no
you can't cause you don't have insurance. Yeah, you're pretty
well squad. But it's been a pleasure talking to you. Excellent.
Speaker 1 (09:06):
Mike.
Speaker 6 (09:07):
Oh, Mike, no, bill uh?
Speaker 8 (09:11):
Transfer?
Speaker 6 (09:11):
If I kick the bucket, I put my house?
Speaker 9 (09:16):
Can I should?
Speaker 6 (09:17):
I I like to do a TO D D. That's
what they call transfer on death, okay, and then leave
it to leave it to my beneficiaries. Milett, Well, I
have any PROBA problems lawyers going after it and stuff?
Speaker 2 (09:30):
Well, lawyers go after anything, depending on who you're leaving
money to. But why don't you throw it in a
trust and then the trustee transfers it.
Speaker 6 (09:39):
Can I still sell the house while I'm alive?
Speaker 1 (09:41):
Yep, yep. Because you're going to be the trustee, you
can do whatever the hell you want.
Speaker 6 (09:46):
So you don't advise a T O D D.
Speaker 2 (09:49):
I you know what I frankly, I have never heard
of to d D because no, I understand to transfer
on death, and I'm just trying to figure out when,
if you're in a trust, you transfer the property upon death.
And so there's something missing that I don't understand, and
it could very well be that transfers upon death are
(10:12):
all over the place.
Speaker 6 (10:13):
And I tell you are Bill, Bill, you are a
California lawyer, aren't you?
Speaker 3 (10:18):
Barely?
Speaker 1 (10:19):
Barely?
Speaker 6 (10:21):
But I will be you woke me up?
Speaker 7 (10:24):
All right?
Speaker 1 (10:24):
Great, all right?
Speaker 2 (10:25):
So, oh my god, we're in the first quarter of
the show, and I've already said I don't know, but
if any real estate lawyer can help me out on that,
don't bother.
Speaker 1 (10:38):
This is handle on the law. This is can't I
am six forty Bill handle.
Speaker 2 (10:45):
It is a Saturday morning, and we've got plenty of
handle on the law to go right until eleven o'clock
and then I still take phone calls, but I'll talk
about that way later. And the phone number is eight
hundred and five to two zero one five three four eight
hundred five.
Speaker 1 (11:03):
Two zero one five three four.
Speaker 2 (11:05):
And since we're close to the beginning of the show,
then we ramp up and get phone phone calls coming in.
And one of the things about this show is I
can't show do the show without you because it's an
advice show, and so it is what we call caller driven. Now,
if you listen to the morning show, which I am
(11:26):
the host, you'll notice we.
Speaker 1 (11:27):
Don't take phone calls.
Speaker 2 (11:28):
And the reason we don't take phone calls, particularly caller
driven phone calls, because you know, it's all predicated on
your calls. So the number eight hundred five two zero
one five three four eight hundred five two zero one
five three four. Also, keep in mind you're talking to
someone who has a fast, deep knowledge of the law,
(11:50):
and you don't often get that when you're talking to
an attorney, especially for free. So I just wanted to
point that out. One hundred and five two zero one
five three four. Welcome back. Handle on the law, Marginal
legal Advice. Michael Yello. Michael Yo, Michael. See, we have
(12:16):
a little bit of a delay on this just in
case people are going to be swey.
Speaker 1 (12:22):
See there you go. All right, Michael, what can I
do for you?
Speaker 9 (12:26):
I got a question for you, sir.
Speaker 7 (12:28):
Yeah, on let's see here ju June twenty fifth, No
excuse me, made May twenty third.
Speaker 1 (12:39):
Yeah, it doesn't matter. I mean, okay, all right, how
long ago?
Speaker 2 (12:43):
Just tell me eight weeks ago, five months ago, four
years ago, that's what I want to hear.
Speaker 4 (12:47):
Two years ago.
Speaker 1 (12:48):
Okay, that helps.
Speaker 5 (12:51):
And I had went into the hospital to get a
colonoscopy and during the procedure they punctured.
Speaker 1 (12:59):
Michael, ooh, those are not fun when that happens. And
I happen to like colon.
Speaker 2 (13:05):
By the way, I just to let you know, I
buy coop, I buy coupon books for colonoscopiece. You know
you do tend to get one free. Okay, So your
colon was punctured, which does happen? And that is no
fun at all?
Speaker 1 (13:17):
All right, go ahead, okay.
Speaker 5 (13:20):
And eventually they're telling me I have a case?
Speaker 1 (13:27):
Who is? Who is they? Michael?
Speaker 10 (13:30):
You got it?
Speaker 1 (13:31):
You gotta tell me who that is. A lawyer told
you you have a case. Okay, the case.
Speaker 5 (13:36):
Okay, So we file h swing teiser initially maybe for
two hundred and fifty thousand dollars, let me you know.
Speaker 1 (13:49):
That the starting Yeah, got it?
Speaker 5 (13:51):
So yeah, so uh, maybe a year later, the lawyer
calls me and I asked him, and so Sunday and
he says, and I asked him how much of this.
Speaker 4 (14:03):
Two hundred and fifty thousand dollars do I walk with?
And he said, oh, we're past that.
Speaker 5 (14:10):
I'm going to get you either three or one point
five or minimum seven hundred and fifty thousand dollars okay.
And now he's acting like I don't have a case okay,
and that it's about to close. Now I don't know.
Speaker 1 (14:33):
I mean, wait, wait, wait, wait, hold on, what is
what is about to close my case?
Speaker 2 (14:38):
And did he say why it's quote about to close?
Because I don't know what that means either.
Speaker 5 (14:44):
I mean, the case is going to be finalized, is
what I mean by clothes?
Speaker 1 (14:48):
Now, only if you agree to it. Only if you agree,
he's going to come to you and go, here's the offer,
here's what they're willing to pay. H And do you
accept it? Do you not accept it? It's your call?
Speaker 5 (15:01):
Oh, he never has came to me with that option.
Speaker 2 (15:04):
Yeah, it's always your car call, Michael. He's not going
to settle the case without you okaying it. That's malpractice.
He doesn't have the authority to settle the case without
your involvement. It's your case, it's not his, Michael.
Speaker 1 (15:21):
Okay. So did he settle the case.
Speaker 5 (15:25):
That's what I'm trying to get from you. How do
I find out if that is?
Speaker 4 (15:30):
Because I never got there?
Speaker 1 (15:31):
You ask him, You asked him, Well, he hasn't settled
the case because you asked him.
Speaker 2 (15:35):
Do you have any money? Did you settle it? How
much money did you get? What happened? Did you file
the lawsuit?
Speaker 1 (15:41):
If you're going against Kaiser, then it's what it is.
Speaker 2 (15:47):
It's an administrative decision. You're going into arbitration, usually binding arbitration.
So there's a lot of questions to ask. So you
have to ask him. Okay, here's what I want to know.
Speaker 3 (16:01):
Now.
Speaker 2 (16:01):
It could be he wants to bail out because the
case is a lot more complicated than he's originally said
or thought. But if he tells you it's worth two
hundred and fifty thousand dollars and later on he says
one point five million dollars, that stinks to high heaven.
I'll tell you that now, because it's the same injury.
Your colon was punctured, and people who have experience in
(16:24):
that would never do that. So something's going on that
I don't understand. But ask the questions, and the bottom line,
if you're unhappy, get another lawyer, Michael, you own the case.
It's yours, okay, at least it at least yeah, go ahead.
Speaker 9 (16:42):
They if he did, they.
Speaker 5 (16:44):
Give out on the case without my okay, what is
my what is MyD.
Speaker 1 (16:50):
What do you mean if if he did? Is that
what you're saying? Yes, well, Benet's there's no settlement, it
doesn't exist. You set it aside because you didn't agree
to it, and you turn them into the state bar.
Get another lawyer, at least at least get.
Speaker 2 (17:08):
A second opinion, because that seems to me not a
lot of that makes sense.
Speaker 1 (17:13):
I mean, lawyers don't settle the case.
Speaker 2 (17:14):
They'll come up and say, hey, they're willing to pay
you this much money or you have okayd if you
can get X dollars, mister lawyer representing me, I will
accept it.
Speaker 1 (17:27):
And you have up to.
Speaker 2 (17:28):
Two hundred and fifty thousand dollars, and that is that's
pain and suffering, plus you got compensatory how much how
much work did you lose? I mean all the rest
of it. And the other problem is is there a defense? Yeah,
you accept the risk of a colon puncture. Now is
that valid? Well, they say, it is, but you can't
(17:50):
waive malpractice.
Speaker 1 (17:51):
So I wasn't there, although I may have been in
the bed next to you, because I said, I really
like these colonoskies. I just enjoy them.
Speaker 2 (18:00):
All right, let's talk about artificial insemina in semination. I
always keep doing that artificial intelligence. You know, I go
back to thirty five years of work in the reproductive
law business.
Speaker 1 (18:17):
So AI to me, what do you think it is? Right?
Speaker 2 (18:20):
All right, Artificial intelligence AI. If your business is not
using AI, you're probably losing money and maybe a lot
of it. You're losing productivity, a competitive edge. I mean
that's sort of a given.
Speaker 1 (18:31):
Today. Let me tell you about NetSuite. This is a company.
Speaker 2 (18:35):
This is a program that helps you control costs and
increase efficiency. And what that does is help you do
business better. Forecast makes your business smoother, faster. It's the
number one cloud business management system, bringing accounting, financial management inventory.
If you do that, I do HR into one efficient suite,
(18:56):
so you don't have to worry about any of it.
It's all done. Every program speaks to every other one
because there's one allowing you to do what you do,
and that is run your business. So let me suggest
looking at NetSuite and it's a netsuitet dot com slash handle.
If you do two million dollars or more, download the
(19:18):
free guide to AI and Machine Learning and see if
it works for you. And you wouldn't be alone because
way over forty thousand businesses have jumped on board on
this one. So go to net suite, sweet as in
hotel suites, NetSuite dot com slash handle. That's NetSuite dot
com slash handle. This is handle on the law.
Speaker 10 (19:44):
You're listening to bill handle on demand from KF I
am six forty.
Speaker 2 (19:51):
KFI handle here on a Saturday morning, phone number eight
hundred and five two zero one five three four. Welcome back,
Marginal Lee, Go ad vice where I tell you you
have no case? Lisa, Hello Lisa, what can I do
for you?
Speaker 8 (20:09):
Hi? I'm in a new community in North Carolina and
there's eighty units and during the first year there was
a problem with my back patio wasn't pitched right, got
all stained and for many times they say they were
going to replace it.
Speaker 1 (20:28):
Now there, okay, hold on. I love it when people
say they said, you got to tell me who it
was that said it. Lisa the builder, the builder said
that he was he or she was going to replace it.
Got it? Thank you? That helps, go ahead?
Speaker 8 (20:44):
Okay, sorry, And three other men were standing there saying
it was needed to be replaced.
Speaker 1 (20:49):
Well, other men three way. Wait, wait, wait, we got
to get these facts straight.
Speaker 2 (20:54):
The builder and three other men from the building company
or from some city organization or from the hoau. Do
you know where the three other guys were from?
Speaker 8 (21:06):
Yes, co workers and journeymen who were attending to the
possible repairs.
Speaker 1 (21:13):
Okay, that'll yes, ma'am. So move on.
Speaker 8 (21:17):
So now that first year has passed, we're into the
second year where it's a builder's warranty and he has
to go onto the warranty. He's now finished and solds
his last two units. I think he has to put
a new road down to absolutely finish and walk away.
But nothing's been done. There's been one excuse after another
(21:38):
about the weather and pouring cement. Yet they've poured the
cement for the last two units without a problem. And
I'm getting less behind and I'm afraid he's just going
to walk away all right. He gets written.
Speaker 2 (21:51):
Off by the say sounds that way. Have you gotten
a bid in terms of fixing it, or redoing.
Speaker 8 (21:56):
It from a different contractor yeah, an outside contractor yep, no,
I have not.
Speaker 2 (22:03):
Okay, that's your next step. You get admit because that
that is your damage. Okay, your the court isn't going
to order him to fix it. That if he and
if you would get a court to order him to
fix it, he's gonna do a crap.
Speaker 1 (22:18):
Job for you. So your damages are x dollars.
Speaker 2 (22:23):
I don't know what the small claims jurisdictional limits are
from North Carolina, but here in California is twelve five
hundred dollars.
Speaker 1 (22:32):
So you look it up. Now.
Speaker 2 (22:33):
If it has to be redone completely, then you're in
lawyer time, especially if it's twenty thirty thousand dollars. I
have no idea what it costs to do a deck
where you live. I know that a deck where I
live can be astronomical.
Speaker 8 (22:51):
So is there a bond that he puts up to
this city?
Speaker 1 (22:54):
Yeah?
Speaker 2 (22:54):
Oh yeah, yeah builders, oh yeah yeah. The state will
probably have a bond. Again, all I can tell you
is my experience in California, but most states do this.
There probably is a bond, and you want to find
what that is about, and you make a claim against
the bond, But it's all predicated on how much it's
going to cost to fix or repair and the fact
(23:15):
he claims inclement weather.
Speaker 1 (23:19):
And still does it for someone else.
Speaker 2 (23:21):
Actually, the colder the temperature, the better it is to
pour cement because you don't want it to cure so
quickly that you have all kinds of issues with it
cracking and separating.
Speaker 1 (23:33):
So that's how you do it. That's a pretty good question,
actually not bad, Johnny, Hi, Johnny, welcome, Hey Bill, Yes.
Speaker 9 (23:44):
Okay, yes, And California where you retain legal counsel, what
is it a charge that the attorney's charged by the hour?
Speaker 5 (23:52):
How is that?
Speaker 1 (23:53):
Yeah, that's actually a good question. Okay.
Speaker 2 (23:55):
It depends on your case. It depends, frankly, on how
much money you have. It depends on the expertise of
the lawyer, because sort of the minimum lawyer that you're
looking at is probably four or five hundred dollars an hour,
and that's for a generalist, and it's sort of the
(24:17):
low end. That doesn't mean you're not going to get
a lawyer for four or five hundred dollars an hour,
but were a good one, but that is low end.
Speaker 1 (24:25):
Now we start moving up.
Speaker 2 (24:27):
Okay, there are divorce attorneys that charge one thousand dollars
an hour, and they are celebrity attorneys or they work
with high net worth people, and you walk in and
that's what they're going to give you, and you walk
out because you're not going to pay one thousand dollars
an hour. There are appeals lawyers that charge twelve and
(24:49):
thirteen hundred dollars an hour. So it runs the gamut.
It runs the gamut. And if you have a really
simple case, it may bee you go to a lawyer
that charges four or five hundred bucks. If you have
a very complicated case and you need a lawyer with
real experience, for example, a bankruptcy lawyer, and there are
(25:10):
a lot of assets over a big period or a
large geographical area, and you have a lot of people
involved in it making claims, et cetera. You're talking about
not only eight hundred, nine hundred dollars an hour, but
over years, those cases can easily cost in the hundreds
of thousands of dollars in legal fees. So, Johnny, let
(25:31):
me ask you, why do you need a lawyer or
are you just curious?
Speaker 4 (25:35):
Yeah, why do I need a lawyer?
Speaker 3 (25:37):
Well, I'm a small business owner and i'm you know,
I do sales and sometimes I go to areas where
I have to do what I have to do, and
you know, you're you just want to have someone in
(25:57):
your back pocket in case some litigation comes down.
Speaker 1 (26:02):
Okay, okays fair.
Speaker 2 (26:03):
But so you're talking about a lawyer on retainer, you
pay them a couple thousand dollars you well, then there
he is, you know, I mean.
Speaker 1 (26:09):
That's how you have a lawyer in your back pocket.
Speaker 2 (26:10):
Or there are these organizations, it's sort of quasi insurance
organizations where you pay one hundred dollars a month or
eighty bucks a month. You're not hiring an individual lawyer,
You're hiring the organization. It's an insurance company effectively that
then hires lawyers for you and.
Speaker 9 (26:27):
Will write Okay, okay. My second question two is like,
when the case is settled, can you just say take
that money, all of those repees out of the settlement,
out of the Yeah.
Speaker 2 (26:38):
They don't have to sure, you can ask, you can
ask anything. Huh, But does that mean they're going to
accept that? Not necessarily, So there are no hard and
fast rules at all on this OLGA.
Speaker 1 (26:53):
Hello, olga Hi, Yes.
Speaker 11 (26:55):
Yes, okay, switching to.
Speaker 12 (27:01):
I had to put my dog to sleep. She lived
with us, so fifteen years time came to put her
to sleep. So my dad said, you know, you should
do individual premation. You'll get your ashes with the urn.
You can bury it in your yard.
Speaker 11 (27:15):
I said, okay, I'll go for it.
Speaker 12 (27:17):
So I filled all the forms you know, to receive
the ashes with the dog so that me and the
kids can bury it. Blah blah blah. So a week
later I call and say, well, nobody called me.
Speaker 8 (27:29):
Was the deal?
Speaker 12 (27:29):
I was like, oopswe made a mistake.
Speaker 8 (27:31):
It's on our end.
Speaker 12 (27:33):
She was thrown into communal bearing. Do I have a
case for emotional distress?
Speaker 2 (27:39):
Okay, a couple of things. Let's start with I put
my dog to sleep. You didn't put your dog to sleep.
You had the dog killed. Let's be honest about it.
Speaker 1 (27:49):
I hate this.
Speaker 11 (27:49):
I put my That's fine, that's fine because she was
the suffering. She was very sleep.
Speaker 1 (27:55):
No. I have put down dogs. I have put down dogs.
Speaker 2 (28:01):
Yeah, yeah, and yeah that's tough because they last fifteen years.
Speaker 12 (28:04):
It was yeah.
Speaker 2 (28:07):
Usually it is euthanasia as opposed to taking a shotgun
and holding into their head.
Speaker 1 (28:11):
Okay.
Speaker 2 (28:11):
So now what he did is he threw it in
a common burial area, which as you described, and he
didn't give you the ashes. If he were to call
me and do on the other side, I would simply
ask him do you have a fireplace at home? But
that goes off in a whole different direction. Do you
(28:34):
have a case for emotional distress?
Speaker 1 (28:37):
Yeah you might. You might.
Speaker 2 (28:39):
Now you don't have a case for the value of
the dog, because first of all, it's a dead dog.
But emotional distress you might because he was negligent, this
is what he said was going to happen.
Speaker 1 (28:50):
Yeah, you very well might. Now the problem is how
do you prove emotional distress? How much emotionally distressed are you? Okay,
we don't know that.
Speaker 2 (29:02):
So you can't just say I'm emotionally distressed and say
I want a zillion dollars.
Speaker 1 (29:06):
You can't do that.
Speaker 2 (29:08):
So how do they figure that out? Well, you go
to a shrink, you go to away and then you.
Speaker 11 (29:14):
I'm sorry, I tell you, I tell you how we'll
figure it out.
Speaker 6 (29:18):
Is it a.
Speaker 12 (29:19):
Small claims court or is it full blown lawyer?
Speaker 1 (29:23):
It's a full blow. It's a full blow.
Speaker 2 (29:24):
It's full blown litigation, small claims court will never get
emotional distress. Ever, how much money do you want? Hung in, Oh,
how much money do you want? Because this is all
about money, that's it. How much money do you think
it's worth? How much you think it's worth.
Speaker 12 (29:38):
I think it's a fair deal around ten thousand, all right,
or at.
Speaker 1 (29:41):
Least you're not going for two hundred thousand dollars. But
what I would do reasonable? Yeah, well, yeah you are.
Speaker 2 (29:48):
I would know whether you're legally I have a legal basis.
The only way to prove it is to go to
a shrink and have the shrink actually testify how emotionally
distressed you are. The problem is that's probably going to
cost you more than ten thousand dollars.
Speaker 11 (30:03):
So that's okay, that's a good advice, because you know
I had rough few years. Everybody died.
Speaker 1 (30:10):
I get it.
Speaker 2 (30:12):
No, dogs are part of family. I happen to be
married to someone and we have two dogs. And if
she were to choose between me and the dogs, which
way do you think she'd go. I understand that people
love their animals.
Speaker 1 (30:26):
The problem is very.
Speaker 11 (30:28):
What I tell you more that in this country people
treat dogs better than people of course it comes to animals.
Everybody's united as they.
Speaker 1 (30:39):
Where are you from? All go where you're from?
Speaker 6 (30:42):
Russian?
Speaker 2 (30:42):
Yeah, I sound like a Russian name, very good, no
accent either. Okay, that's the answering, and it is a
legitimate question, but it's a question of proving it. And
emotional distress. I mean, that's so subjective. There has to
be some kind of objectivity. Now, I drink coffee and
I have coffee breath, and I also eat onions, so
(31:07):
I end up having onion breath, and I wake up
in the morning and I have morning breath.
Speaker 1 (31:13):
I mean, there's no way around it. And do you
have bad breath? Do you have smelly breath?
Speaker 2 (31:17):
Well, of course not, because you never wake up in
the morning, and you never drink coffee or you never
eat onions or garlic or anything that can cause smelly breath.
So let me suggest dealing with it with Zelmon's minty mouth.
These are little capsules that are covered with a pretty
strong minty coating. They're really good, and you pop two
(31:38):
or three in your mouth and that you suck off
the mint and that takes care of the mouthpart, nice
and fresh and clean, and then you swallow or bite
into the capsules and what happens is they go into
your stomach because the foods you eat cause bad breath.
It's not like the food just disappears. It's churning and
the acids and you know, smelly breath comes out. There's
(31:58):
no way around it. Well with him Zelman's minte mouth
mm hmm. That's fresh, clean breath that lasts for hours
and hours and it's a double hit with Zelman's mouth
stomach and no mint in the world does that. So
go to Zelmans dot com z E L M I
N S. Zelmans dot com and the promo code is KFI.
(32:20):
Zelmans dot com promo code KFI. This is Handle on
the Law. This is KFI bill handle here. Oh today,
by the way, is eighty years This remembering the bombing
of Nagasaki, the second atomic bomb that dropped on Japan.
Speaker 1 (32:41):
Phone number here is eight hundred five two zero one
five three four.
Speaker 2 (32:44):
Still have a few lines open eight hundred five to
zero one five three four.
Speaker 1 (32:51):
Welcome back. Handle on the Law. Marginal legal advice. Paul,
Hello Paul.
Speaker 10 (33:00):
In the morning.
Speaker 13 (33:01):
Yeah, on Sunday last Sunday, I went into a restaurant
and uh next day later, I said, very very sick,
and and yesterday I got tested with COVID?
Speaker 3 (33:16):
Okay, and which I.
Speaker 13 (33:17):
And any recourse against the restaurant?
Speaker 1 (33:21):
To let me?
Speaker 2 (33:23):
Let me okay, let me ask you a question. First
of all, where are you from? I don't recognize the.
Speaker 4 (33:26):
Accents where I'm from?
Speaker 5 (33:30):
Yeah?
Speaker 1 (33:30):
Yeah, where are you from? OPI got it? Okay? I
with you guess that?
Speaker 3 (33:35):
Uh?
Speaker 2 (33:36):
Do you have any recourse against the restaurant? Well, first
of all, you have to look at you go to
a restaurant and the next day you get sick. I
don't think COVID works that way. I think there is
an incubation period. So that's one defense.
Speaker 9 (33:51):
Uh.
Speaker 1 (33:51):
The other defense is, uh, Paul, could you have gotten
it anyplace else? Did you go any place? Did you
talk to anybody? Did you meet anybody? Or you went
to your house?
Speaker 2 (34:05):
From your house by yourself, drove to the restaurant, walked in.
You didn't sit next to anybody because the restaurant would
know they don't test for COVID. And then you went
back home and got sick the next day.
Speaker 1 (34:21):
What do you think?
Speaker 13 (34:23):
So I a friend of mine picked me up and
we went to.
Speaker 2 (34:29):
You.
Speaker 1 (34:29):
How do you know you didn't get COVID from your friend.
Speaker 13 (34:34):
She happened to be healthy, so I never had no
By the.
Speaker 1 (34:38):
Way, people people who have COVID sometimes don't show any symptoms.
Speaker 9 (34:43):
About it.
Speaker 1 (34:44):
Okay, yeah, so I know you got nothing there. Oh,
I forgot to ask what kind of restaurant? Ooh, there
you go, Daniel, Hi, Daniel, welcome. What can I do
for you? Hey?
Speaker 7 (34:56):
Bill?
Speaker 10 (34:56):
How you doing? Yes, sir, I got a question. I
have a house that is in need of roof replacement,
and I've done some quotes from different people and the
cost is is like phenomenal. Yeah, and a friend of
mine told me that I should go through my insurance
company for that roof replacement. And my question to you is,
(35:20):
if I do go through my insurance, can they drop
me if they don't pay for that roof replacement?
Speaker 2 (35:29):
Okay, ooh, that's a good question. So let me go
through the scenario with you. First of all, wear and
tear on your roof they're not going to pay for.
There has to be some incident that causes the roof
to go south, the tree goes through it, You've got
you know, the roof, some repair that was done badly, whatever.
Speaker 1 (35:49):
So it's not just my roof is going south and
how old is your roof?
Speaker 2 (35:54):
That's the question I'm asking because some roof I mean
roofs last what thirty years and then they have to
be rep and the insurance company isn't gonna pay for that. Now,
the issue is can they drop you if you don't
pay for it? Can they drop you if they do
pay for it? Daniel, they can drop you because it's Tuesday.
Speaker 5 (36:14):
Okay.
Speaker 2 (36:15):
There are plenty of reasons insurance companies drop the insured
drop customers. Number one, they don't want to be in
that area anymore. Number Two, there lost too much money
on roofs and they just exclude people. Now, we're not
going to cover roofs. It could be in a fire zone.
That's what we have here in southern California, tons and
tons of fire zones, and insurance companies simply they say
(36:38):
we're not gonna deal with that. So yeah, all kinds
of answers, all kinds of reasons. They can drop you
at any time. They don't have to give you a reason. Now,
can they drop you in the middle of your policy?
They cannot. They have to wait until the policy ends,
and then they will not renew. They'll tell you Nope,
we're done, or they'll tell you, yeah, you have to
(36:59):
renew and got thirty days, et cetera to do that.
So why is your roof needed or why is your
roof needing repair?
Speaker 10 (37:07):
Well, the roof, it's already the machine gus already coming
apart and falling off. I got a couple of leaks.
Speaker 11 (37:14):
Okay, how old?
Speaker 1 (37:15):
How old is the roof? How old is the roof?
Speaker 10 (37:17):
Daniel, It's about twenty years old.
Speaker 2 (37:19):
Yeah, see they're going to say it's about twenty years old,
and that's what happens. Yeah, so you're kind of out.
You're kind of out of luck there, as in, you
have no case you can try. I mean sometimes you
can argue, you know, weather and you know sometimes Okay,
they go, we'll cover, we'll uncover. Hey, are you in pain?
(37:40):
I mean chronic pain? I mean you hurt all the time.
Speaker 1 (37:44):
And I happen to live with someone who does, and
it's it's tough, not only to have the pain, but
to live with it.
Speaker 2 (37:52):
To be with someone who does. It's so frustrating, especially
when you can't do anything. So let me tell you
about the Pain Game podcast. The Pain Game Podcast is
about helping people who live in this kind of pain,
Who treat people who live in this kind of pain,
who live with people, just have loved ones, dear friends.
(38:14):
The Pain Game Podcast is about helping you. Actually, it
was started by a young lady who lives in chronic
pain and does it's tough to see. I live with her,
and so she started this as a way of dealing
with her pain and void does it help because people
are helped, they understand what it's about, they look for treatment,
(38:35):
they get referrals. That's the Pain Game Podcast. They set
up conversations with folks. So she has experts, she has
people who suffer, she has people who deal with it.
I mean, it's across the board. It is the Pain
Game Podcast. And every episode ends with a message of hope.
And here's one that is counterintuitive but absolutely well. You
(38:56):
see what I'm talking about if you listen to the
Pain Game Podcast. It's about giving pain purpose, making pain,
giving you purpose.
Speaker 1 (39:06):
That is something that the show does that you're not
going to find anyplace else. It's the Pain Game Podcast,
the Pain Game Podcast on social It's at The Pain
Game Podcast. Season three is now in full force. The
Pain Game Podcast This is Handle on the Law.
Speaker 10 (39:26):
You're listening to Bill Handle on demand from KFI AM
six forty
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