Episode Transcript
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Speaker 1 (00:00):
You're listenings.
Speaker 2 (00:01):
I am six forty the Bill Handles show on demand
on the iHeartRadio.
Speaker 3 (00:06):
FFI Bill Handle on a Saturday morning, one hour more
to go on the program, and at eleven o'clock when.
Speaker 2 (00:17):
I say goodbye, I still would continue phone calls off
the air, so everybody has a chance to get questions answered,
because at the end of the hour, strangely enough, you know,
tends to build up a little bit. So I will
stay on after the air, after the show off the air,
the phone number here, and we have lines open because
(00:39):
we always do whenever we start an hour. Eight hundred
five two zero one five three four eight hundred five
two zero one five three four. This is Handle on
the law marginal legal advice.
Speaker 1 (00:58):
The name David.
Speaker 2 (01:01):
May not be familiar to you, but let me tell
you who David Geffen is. The guy was well still
is to some extent. I think he's still in the business.
Was a music mogul and started a company. And man
what a company he did.
Speaker 1 (01:21):
For example, he.
Speaker 2 (01:23):
Had he signed a little group called the Eagles and
Joni Mitchell and he co founded Dreamwork Picture. Now you
may not know the name named DreamWorks Pictures. He found
that it was Steven Spielberg and Jeff Katzenberg. But he's
produced movies such as Saving Private Ryan Shrek, so fabulously
(01:44):
successful and very wealthy, I mean in the billions of dollars.
And to give him credit, and I give him an enormous,
enormous amount of credit. He came out as gay many
many years ago when it wasn't.
Speaker 1 (01:58):
Cool to come out as gay.
Speaker 2 (02:00):
So with that being said, there is now a lawsuit
going after him, going against him. And keep in mind
Geffen is eighty two and Donovan Michaels is thirty two,
so there's only a fifty year difference.
Speaker 1 (02:19):
Do I have that right? Yeah?
Speaker 2 (02:22):
And Donovan Michaels is David Geffen's strange husband. They got married,
and now let's say that there is a big dispute,
And so Michaels is saying that David Geffen preyed on
his vulnerabilities as a young gay black man who came
from the foster system and trapped him into a manipulative
(02:46):
and abusive relationship.
Speaker 1 (02:48):
How did they meet?
Speaker 2 (02:50):
On a dating site called seeking Arrangements dot com, where
rich guys seek relationships with younger guys in return for
some form of compensation. You stook me, and I'll give
you a pile of money because I like young in
(03:11):
this case black. I don't think he necessarily that has
anything to do with it, but young, good looking guys.
I don't know what he looks like, but I'm assuming
he is. So they continue their relationship, and they were
married in twenty twenty three, met in twenty sixteen. They
didn't have a prenup, and now he May of this year,
(03:35):
Geffen filed for divorce.
Speaker 1 (03:36):
Obviously they've been strange.
Speaker 2 (03:38):
So now Michael's issuing Geffen for breach of contract, saying
that Geffen promised to take care of him financially but
left him near broke and homeless, and the lawsuit. The
lawsuit itself compares their relationship with the plot of the
Moody movie Trading Places, saying Geffen used Michaels as a
(04:00):
trophy to show off to his rich and famous friends.
Here is my trophy wife, in this case, my trophy husband.
Because they were gay. The complaint says it was a
sick game and Michaels became a prop in Geffen's theater
of virtue, paraded around as evidence of Geffen's supposed altruism
(04:21):
and he privately used this just simply use him as
a sexual commodity. Well, as you can imagine, Geffen's attorney
came back with quote, there was no contract, express, written, oral,
or implied.
Speaker 1 (04:35):
That's never existed.
Speaker 2 (04:37):
We will vigorously and righteously defend against this false, pathetic lawsuit.
And it's a thirty three page complaint and man, there
are explosive claims and facts through it.
Speaker 4 (04:52):
That.
Speaker 2 (04:53):
Yeah, and Geffen has a net worth of nine billion
dollars according to Forbes, and he is actually considered the
wealthiest man in or the wealthiest person in showbiz. Now,
does Michaels have a case? Okay, this is California, So
(05:14):
we're dealing with really strong arguments in favor of the community,
in favor of someone under these circumstances. And for Michaels
to argue, we met in twenty sixteen, he has been
supporting me since twenty sixteen. We even got married in
(05:35):
twenty twenty three, so we're talking ten years. Ten years
is a long time to be together. And for Geffen
to argue, oh no, no, I never promised to support him.
There's nothing here. You know, California law really doesn't matter
what you say. California law says, if you were supporting him,
(06:00):
then you can get nailed big time.
Speaker 1 (06:03):
How much he's going to.
Speaker 2 (06:04):
Get, Well, when you're talking about someone a ten thousand
that's worth ten billion dollars or nine billion dollars, I'm
assuming the lifestyle must be pretty healthy, and what Michaels
or any spouse would be entitled to is to maintain
a lifestyle that's sort of the basis.
Speaker 1 (06:24):
And it's not going to be five hundred bucks a month. Nope.
Speaker 2 (06:28):
So I think he's going to prevail on the other fact.
And I don't know if this well, it can make
some kind of difference. Michaels went into the Michigan foster
care system, and he was eighteen months old and grew
up in all kinds of foster and group homes where
he regularly experienced physical and emotional abuse, and no one
(06:50):
seems to refute that one. And he moved to Florida
at nineteen, and he became an exotic dancer, stripper and
he was in X rated videos to get by financially
interesting case. I think based on this story, I think
Michaels has a case and it's going to happen with him.
Speaker 1 (07:14):
All right, let's let's do it.
Speaker 2 (07:18):
Anna welcome, Hello, Anna.
Speaker 5 (07:23):
Hi, thank you for taking my call down. Sure, I'm
calling because my son was charged twenty five years ago
by jury, found guilty of nine counts of felonies.
Speaker 6 (07:36):
Two were aggravated assaults. He just finished his time three
days ago, and upon his release, I came to pick
him up and have him held at a facility for removal.
He's supposed to see an immigration judge. I want to
see how we can help him because the country he'll
be deported to, he's going to face Christian persecution. He
(07:59):
has tattoos with crosses on him. He had severe mental health, schizosnia, bipolar.
Speaker 2 (08:05):
All right, so I want to throw a couple questions
at you. You mentioned that he was charged twenty five
years ago, and he just got out of prison.
Speaker 6 (08:15):
Yes, I'm sorry, it was two thousand and one, so
about twenty two years. He just got out three days ago.
Speaker 2 (08:22):
So he got what twenty years in prison or twenty
two years in prison? Whoa, yeah, oh that assault must
have been pretty serious stuff.
Speaker 1 (08:32):
Okay, and he was convicted, so with.
Speaker 2 (08:34):
Thatlary, okay, yeah, well like that still seems really.
Speaker 6 (08:38):
High gun enhancements.
Speaker 2 (08:41):
Oh relation, All right, Well it's starting to add up
for sure.
Speaker 7 (08:46):
Yeah.
Speaker 2 (08:46):
Okay, So has he been picked up? Has he been
picked up by Ice?
Speaker 6 (08:52):
Yes, he's with them now. He had a temporary president card,
but it expired while he was going through this in
and out of in prison. He never went to finish
the paperwork when we naturalized in nineteen ninety six, when
we came to this country, and we brought him in
this country when he was four years old in nineteen
seventy nine. Yeah, escapes the country due to the persecution
(09:15):
of our which country?
Speaker 1 (09:17):
Which country?
Speaker 6 (09:18):
Iraq? Iraq?
Speaker 1 (09:21):
Okay?
Speaker 2 (09:22):
And he is you argue he's going to be persecuted
on religious grounds?
Speaker 1 (09:27):
Well, first of all, he has an argument.
Speaker 2 (09:29):
Of course, he has an argument based on where they're
reporting him.
Speaker 1 (09:34):
There's going to be persecution.
Speaker 2 (09:35):
They have the right to say, okay, they will deport
you someplace else.
Speaker 1 (09:39):
Does he go in front of an immigration judge?
Speaker 2 (09:41):
Does he have a right? Of course he does. Is
it going to happen? And probably not. The government now
is going berserk in terms of deporting people, especially criminals.
This is exactly what the Trump administration has said. He
is in fact the target of those that are going
(10:01):
to be deported.
Speaker 1 (10:02):
He fits right in there, not the innocent people, not
the people that are met home depot.
Speaker 2 (10:06):
Which they're picking up anyway. But man, he falls right
in line with this. Is a bad guy. He is
not a citizen. He doesn't have even a green card.
He is illegal in this country. I think he's going
to have big, big problems.
Speaker 1 (10:26):
And the only thing they can.
Speaker 6 (10:27):
Do, I'm sorry, even though he came here, even though
he came here with the card, we came with visa,
we got the amnesty through Reagan.
Speaker 1 (10:36):
That was you. That was you, not him.
Speaker 6 (10:41):
Yeah, okay, now I was now here.
Speaker 2 (10:44):
Now here's the question. You were naturalized as American citizens?
Speaker 6 (10:51):
Yes, and ninety all right?
Speaker 3 (10:53):
How old?
Speaker 4 (10:54):
How old?
Speaker 1 (10:55):
How old was he?
Speaker 6 (10:57):
Twenty one?
Speaker 2 (10:59):
Yeah, see I was naturalized when I was eleven, but
that was automatic. My parents became citizens, so he was
no longer a minor.
Speaker 7 (11:09):
Yeah.
Speaker 2 (11:09):
I think you've got big, big, big issues. And the
only thing you can do is go to an immigration attorney.
And even that, man, I don't know where you go.
I think he's on his way. Oh yeah, absolutely, absolutely,
all right, real quickly, I know you don't have a
bad or smelly breath.
Speaker 1 (11:27):
I get it.
Speaker 2 (11:28):
You don't wake up in the morning, you never drink coffee,
you never eat garlic or onions or any food whatsoever
that can cause that kind of breath. All right, So
you don't have to listen to this. Now, if you're
one of those people that do, which is everybody, let
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(11:53):
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and you suck off the mini coating and then here's
the difference. You swallow or bite into the capsules and
they go down into your stomach, and bad breath comes
(12:14):
out of your stomach because the food goes down there
and it's churning and burning and the acid and it
all mixes together, and of course it's going to cause
odor to come up.
Speaker 1 (12:22):
And no mint in the world deals with that. Zelmans does.
Speaker 2 (12:26):
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Speaker 1 (12:41):
Look for the special the.
Speaker 2 (12:42):
Discount Zelmans dot com promo code KFI.
Speaker 1 (12:48):
This is handle on the Law KFI. Handle here on
a Saturday.
Speaker 2 (12:54):
Welcome back to handle on the Law Marginal Legal Advice Monica,
hi On, Welcome, Hey.
Speaker 5 (13:01):
Bill, Thank you.
Speaker 8 (13:03):
In twenty twenty, I'm sorry. In two thousand and two,
I married husband number one and we ended up splitting up.
Six months later, I went to Canada, ended up beating
this guy and married husband number two. I was still
married to husband number one. I ended up being divorced.
I ended up being getting divorced a year later in
(13:25):
a twenty twenty three.
Speaker 1 (13:29):
My question, divorced from Canada from number two?
Speaker 8 (13:35):
Husband number one?
Speaker 1 (13:36):
Oh, you got divorced from husband number one?
Speaker 8 (13:39):
Yeah, I was married to husband number one. In the meantime,
I married husband number two.
Speaker 1 (13:43):
Okay, got it. So I wanted to know.
Speaker 8 (13:45):
I want to know is my marriage to husband number two?
Speaker 7 (13:48):
Valid?
Speaker 1 (13:48):
Okay? First of all, Hey, have you ever been to
Rome by any chance?
Speaker 2 (13:53):
Yeah?
Speaker 1 (13:54):
I have you have?
Speaker 6 (13:55):
And do you?
Speaker 7 (13:55):
Did?
Speaker 4 (13:56):
You?
Speaker 2 (13:56):
Were you there when the entire town was fogged in. No,
you know what they call a fogged in room. They
call that a big amiss.
Speaker 9 (14:08):
Yeah, I know.
Speaker 1 (14:09):
Okay, so well with that law.
Speaker 2 (14:12):
Uh well, you know, it's it's not like you're going
to go to prison or anything. It's this is not
a I mean big of me is I mean theoretically,
uh you know, a criminal violation, but no one cares.
Speaker 1 (14:24):
I mean, no one gets nailed for that. The issue
is a validity of the marriage. Uh. That's the problem.
So what you did is, uh you got married.
Speaker 2 (14:35):
Uh while you were still uh where you're still married
to someone else, So that second marriage is not valid.
Speaker 1 (14:43):
Now how you deal with it? Uh? Is you uh
a divorce number two?
Speaker 4 (14:49):
Uh?
Speaker 1 (14:50):
You uh?
Speaker 2 (14:52):
And then you I think since you were never separated,
uh you divorced number one, Uh, since you were married,
and then you go back and I guess remarried and
remarry number two.
Speaker 1 (15:07):
I mean that is.
Speaker 2 (15:08):
Fairly easy because you don't want to deal with any
period of time where you're married at the same time
to two people. The big issue is going to be support.
The big issue is going to be support in any
custody issue. Is there any problem with any of that?
Speaker 8 (15:21):
No, no, so I Yeah, so I ended up divorcing
husband number one like six months after marrying husband number two.
Speaker 2 (15:30):
Yeah, so husband number two, that marriage never happened. Okay,
it never happened, that's all. And you straighten it out
by divorcing and married. So the formula goes married number one,
divorce number two, divorce married number one, divorce number one,
married number and then you marry number two, and you
(15:51):
sort of throw everything away prior to that, and you're going.
Speaker 1 (15:54):
To be fine.
Speaker 2 (15:56):
Okay, sorry, goodbye. And I kind of liked the big
amiss joke. She obviously heard it, and I was very depressing,
you know that, really depressing. Savik Hello, Sevik?
Speaker 1 (16:10):
Hello, Yes, okay, here's how it works.
Speaker 2 (16:17):
I say, hello, you asked me a question. That's the
way the show works. Okay, what can I do for you?
Speaker 7 (16:24):
Yeah?
Speaker 6 (16:25):
Yeah, I've been followed for seven eight months and I've
been tinted windows cars and.
Speaker 4 (16:32):
They will.
Speaker 2 (16:37):
I guess we lost, Sevik. So you get to call back,
all right? Yeah, isn't that lovely when the call? That's
what I hate about cell phones. It used to be
when you didn't have a good line and you would
just hang out. Now if it comes through. It doesn't
matter how crappy the line is. I have to take it.
I mean, that's the way we talk. All right, Maggie,
(16:58):
you're up. What can I do for you?
Speaker 7 (17:02):
Hi?
Speaker 8 (17:02):
Bill?
Speaker 10 (17:02):
Yes, I do have a question. I decided to renovate
my kitchen and I interviewed some construction individuals. The contract
was over sixty thousand dollars and nothing was mentioned about
form of payment when we did the contract. When it
came time for the first payment, I was informed they
didn't take credit cards. When it came time for the
(17:23):
second payment, I also tried a credit cards. I was
hoping they had changed and they said no. So it
was over forty thousand dollars that they now have and
I have lost on the benefits of having a credit
card A company? Do that?
Speaker 1 (17:38):
Sure?
Speaker 7 (17:40):
Sure?
Speaker 1 (17:40):
Because why would they Why.
Speaker 2 (17:42):
Would they have to pay the three percent penalty? So
you get the miles.
Speaker 10 (17:49):
Well, it just seems that a lot of people depend
on their credit cards nowadays when you're doing a large cover.
Speaker 1 (17:55):
Okay, that's fine, a lot of people do.
Speaker 10 (17:58):
Obviously I should have been told no.
Speaker 1 (18:01):
Maybe maybe, but so what so what you know?
Speaker 3 (18:05):
Now?
Speaker 1 (18:05):
What what do you want to sue them?
Speaker 10 (18:06):
For I don't want to sue them. I just asked
you a question.
Speaker 1 (18:10):
Oh okay, Yes he can do that, Maggie.
Speaker 2 (18:12):
Absolutely they can do They can say you, we don't
accept credit cards.
Speaker 1 (18:17):
Happens all over the time.
Speaker 2 (18:18):
You go to restaurants and they say we don't accept
credit cards, we only accept cash. Yeah, they can all
do that as long as you pay for it. And
they is like, you know, if you say we, I'm
going to pay you with pennies. It used to be
And that's when you really want to screw with someone.
Is let's say it's a twenty thousand dollars bill and
you walk in with twenty thousand dollars with pennies. But
(18:41):
this is legal tender, this is money. They have to
accept it. Yeah, leave me alone. Okay, let's get serious.
Speaker 1 (18:48):
Okay.
Speaker 2 (18:48):
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on the law.
Speaker 11 (20:07):
You're listening to Bill handle on demand from kf I
AM six forty.
Speaker 1 (20:14):
And welcome back. One half hour more to go till
the end of the show.
Speaker 2 (20:19):
Bill handle here, and then taking phone calls off the
air after the show. But right now, we went through
some phones call phone calls pretty quickly, so we have
some lines open in the number to call right now
eight hundred five two zero one five three four eight
hundred five two zero one five three four.
Speaker 1 (20:40):
Because lines are open. All right, let's do it.
Speaker 2 (20:44):
Welcome back, more handle on the law, marginal legal advice.
Speaker 1 (20:50):
Hello Jennifer, Welcome to the program.
Speaker 4 (20:52):
Hi p Hi pel, how are you? Yes, ma'am Hi.
I live in a multi unit condle. I lived on
second floor and one day a few weeks ago, HOI
says there might be a leaking caused the damage to
the downstairs bathroom ceiling. The leaking might be from my toilet,
(21:13):
so I had a plumber, opened the toilet move and
replaced some small parts like a wax ring and a valve.
But the issue is there is no leaking, no any
sign in nowa unit. We don't have any damage. But anyway,
I filed a claim with my insurance company. But my
insurance company did the investigation read the plumber reports that
(21:37):
there is no negligence from my part, so we are
not legally responsible for the damage for downstairs. But however,
ho Is said, we don't care what your insurance say.
We will rule over because of your negligence. So they
sent me all the bill of the repair, downstairs, owner's relocation,
(22:00):
hotel bill, everything, and I don't know what to do,
how to deal with it? Please?
Speaker 2 (22:07):
Yeah, okay, now here is what used to be bad news. Yes,
you are responsible for it and you used to and
you would fight it.
Speaker 1 (22:18):
That's all.
Speaker 2 (22:20):
They issue the complaint, they issue the fines, and you
simply say nope, no, thank you, not paying, and you
want a hearing. You want to demonstrate that there's no leak.
Here's what the plumber said, the leak is below me.
I'm not causing any leak. And here is the proof.
In fact, the insurance company didn't say anything or wouldn't
(22:43):
pay because they thought there was no leak.
Speaker 1 (22:45):
Nope.
Speaker 2 (22:46):
Actually, the only thing could really help is the plumber.
So you have two plumbers that would say there's no leak.
You've got plumber number one that fixed the parts. Now,
was there a leak when he fixed it?
Speaker 4 (23:01):
No? No, no, no the plumber okay, no, there are
two plumber one plum.
Speaker 1 (23:06):
Understand I get it. I get it.
Speaker 8 (23:08):
Okay. So no leaking, no visible.
Speaker 6 (23:11):
Leak in a unit.
Speaker 1 (23:13):
Okay.
Speaker 2 (23:14):
So you say no to all of it, and you
produce the evidence, and the HOA says, we don't care
about the evidence.
Speaker 1 (23:20):
We've decided that there is a leak. Okay.
Speaker 2 (23:23):
Uh. So therefore, theoretically there's thousands of dollars worth of
damage and the HOA is filing against you. A law
has just been passed and makes the total liability one
hundred bucks.
Speaker 1 (23:37):
Uh that's it.
Speaker 2 (23:38):
Now does that include damages that you cause to someone else?
I don't know, because a law hasn't really been litigated yet,
and it goes on and on. It's brand new, and
it's complicated, and it was just passed, I mean a
couple of weeks ago, passed. So the argument that I
would use and in the end maybe they win because
(23:59):
they're not talking about you violating HOA laws, you causing damage,
but you didn't cause damage. So what you have to
do is go to the next board meeting or go
to the next general meeting.
Speaker 1 (24:13):
And ask to say, and you go, here is my fine,
Here is the proof.
Speaker 2 (24:20):
Here is the proof, And they're going to have to
say in the board, we don't care what kind of
proof there is. We have decided that even if there's
proof to the contrary, we're going to rule against you.
And then it gets really interesting. So I think you're
in pretty good shape. You just have to have you
(24:40):
happen to have an hoa. There are a bunch of
jerks and for some reason they they like your downstairs
neighbor and don't like your don't like you.
Speaker 1 (24:51):
Now, I'm assuming there is a leak.
Speaker 2 (24:53):
Because no one moves out voluntarily and goes to a
hotel room for no reason.
Speaker 1 (24:58):
So something's gone.
Speaker 4 (25:00):
Okay, there is a leak, okay, And but the leak
is under the leak is under my toilet, and they
didn't replace some parts.
Speaker 1 (25:10):
Okay.
Speaker 4 (25:10):
It's the issue is I have no knowledge.
Speaker 2 (25:13):
Okay, but hang on, hang on, okay, So but there
was you just wait a second. You said there is
a leak, but you have no knowledge there is a leak.
So how do you know there's a leak if you
have no knowledge.
Speaker 1 (25:24):
There's a leak.
Speaker 4 (25:27):
Because there is no water, no leaking in my unit
until the plumber opened and moved my toilet. They replaced
the wax ring.
Speaker 1 (25:36):
Was the water? Was there water? There was there a leak?
Speaker 7 (25:42):
Oh?
Speaker 4 (25:42):
In my plumbing report they didn't say there is water?
Speaker 2 (25:46):
Okay, but there then why did you replace the parts
if there was no leak?
Speaker 7 (25:51):
Oh?
Speaker 4 (25:51):
Because they used the device and the check to my
flaw said there the moisture level shows. There is water
and my toilet the toilet.
Speaker 1 (26:03):
Yeah, well that sure sounds like a leak to me.
Speaker 2 (26:06):
Uh that's uh yeah yeah, water under water under my toilet. Yeah,
replace the parts and yeah, boy, how's that for not
having a leak? That's absolutely tremendous. How are we doing
for time?
Speaker 1 (26:22):
We're good? Oh right, all right? Ian? Hello, Ian, welcome.
Speaker 6 (26:31):
Hi there, Hi, long long long time fan.
Speaker 1 (26:35):
Huge, thank you.
Speaker 7 (26:36):
I'm wondering.
Speaker 6 (26:36):
I'm wondering that when are you going to make the
handle on the Law of Game show?
Speaker 5 (26:40):
Because damn it, I would watch every episode.
Speaker 1 (26:43):
Thank you for that.
Speaker 7 (26:44):
All right?
Speaker 1 (26:44):
What can what can I do for you? In did
we just lose?
Speaker 2 (26:48):
Ian?
Speaker 1 (26:50):
We just lost?
Speaker 2 (26:50):
I Oh yes, yes, yes, Vince, Hi Vince.
Speaker 9 (26:57):
Good morning.
Speaker 7 (26:58):
How are you? Yes?
Speaker 2 (26:59):
All right?
Speaker 9 (27:00):
Quick quick question for you. Got a friend of mine,
she was living with her boy from for seven years.
He was planning a trip with seven thousand dollars. She
told him that she did not want to go on
that trip. It was to it was to someplace in Africa,
and she did not want to go, so he bought
he bought the tickets and he went on his own.
They are now separated and he is wanting her to
(27:24):
pay him back for the trip. She said, no, I
didn't want to go, but yet you still bought the tickets.
So he had an attorney send a letter of demand
to her, demanding the money seven thousand dollars, and her,
you know, her attorney said no, sorry, we're not going
to pay Hey, hold.
Speaker 2 (27:44):
On attorneys on both sides for seven thousand dollars.
Speaker 9 (27:50):
Yes, sir, wow, wow, for seven thousand dollars. They're gonna
have more attorney's fees than they're.
Speaker 1 (27:57):
Gonna have way, way more his fees.
Speaker 2 (28:00):
Okay, So her attorney says no, his attorney demands and
I assume your question is that is she going to
be Is he going to be forced to pay her back?
Speaker 1 (28:12):
Right? Do I have that right?
Speaker 9 (28:13):
Or she going to Is she going to be forced
to pay him back?
Speaker 4 (28:17):
No?
Speaker 9 (28:18):
Written no written contract?
Speaker 2 (28:19):
Okay, I'm a little I'm a little confused. He bought
That's maybe my fault. He bought two tickets and she
decided she doesn't want to go, and so, uh so
he's out a ticket and he wants her to pay.
Speaker 1 (28:36):
Do I have that right?
Speaker 6 (28:38):
Almost?
Speaker 9 (28:39):
She told him from the onset she did not want
to go, but he bought the tickets without I understand.
Speaker 1 (28:44):
No, I understand.
Speaker 2 (28:45):
So your question is, uh, you know, does she owe
him the money?
Speaker 4 (28:50):
Right?
Speaker 7 (28:52):
Correct?
Speaker 2 (28:53):
Yeah, and no she doesn't. So yeah, she's dreaming and
I you know, And here's what you do. You go, Okay,
we'll go to court and the judge will laugh his
or her ass off that over seven thousand dollars lawyers
are involved as opposed to why aren't you guys in
small claims court?
Speaker 1 (29:13):
Now? You you know, you can opt out of small
claims court. They can't.
Speaker 2 (29:17):
The judge can't throw you out. I mean, you are
entitled to a court case if you want it. But
I mean, come on, at what point do you just
say no thanks? I mean it's just it's small. I
don't I don't even get what.
Speaker 9 (29:35):
No, I agree with you, especially you know the attorneys there.
Speaker 1 (29:38):
Yeah, I don't. I don't know.
Speaker 9 (29:40):
Just keeps going up, and.
Speaker 1 (29:41):
Of course they do, of course they do. Yeah, of course.
Speaker 2 (29:48):
Oh it's going to go a lot more than seven grand,
a lot more than that if they keep on going.
This is Oh, let me give you some phone numbers first,
because we are short of the phone calls. Eight hundred
five two zero one five three four eight hundred five
two zero one five three four, and we are well,
(30:08):
I think we only have two and so feel free
because you get it. We're gonna get right to you.
Eight hundred five two zero one five three four. This
is Handle on the Law KFI AM six four.
Speaker 1 (30:20):
You will handle here.
Speaker 2 (30:22):
It is a Saturday morning, last segment of the show.
A couple of things I want to share with you.
First of all, at the top of the hour, I'm
done with the show and I say goodbye, but I
will continue taking phone calls off the air, and so
everybody gets a chance to get their questions answered. And
I've been doing that for a while because people actually
(30:44):
stay on hold and I don't want to nail them
on that. So the number you can still call eight
hundred five two zero one five three four and I'll
get to you pretty quickly.
Speaker 1 (30:52):
Eight hundred five two zero one five three four And.
Speaker 2 (30:56):
Welcome back to Handle on the Law Marginal legal advice. Now,
I want to say something which is fascinating as far
as I see it. We get one phone call in
any given topic. Let's say we have a personal injury call.
All of a sudden, I get dozens of personal injury calls. Now,
this morning I received a phone call about a leak
(31:21):
in a condo unit. And you know I'm looking at
leak questions, so why.
Speaker 1 (31:28):
Not Walt, Hello, Walt, give me your leak question. Hello, Walter,
you there?
Speaker 7 (31:38):
Hello, I'm here.
Speaker 1 (31:39):
Yes, what can I do for you?
Speaker 7 (31:40):
Walt? Yeah? Hi, Bill. This a little question about a
condominion complex. And our unit is on the ground floor,
and it's four story buildings and at some point in
time a leak developed inside the wall and it was
coming down and coming out into the ext door neighbors
unit on their floor. We knew nothing about it. That
(32:04):
neighbor called the association. They told them to get a
plumber because they thought it was from their club. The
plumber came out and said, no, it's inside the wall
and it's the association issue that's coming from like the
fourth floor. We still knew nothing about it. The plumber
advised the association that they had to fix it right
away or it was going to start causing a lot
of damage. And the association ignored it for a month,
(32:29):
and then they told us we had to stop using
our water because they had a leak to repair. That
was when we first found out about it. At that point,
the dry wall was soaked between our cabinets and the
framing of the building and it had already done some
damage to our cabinets. Again, we didn't know about it
until at this point they said they would send out
(32:49):
the association said they'd send out a remediation company to
you probably can't hear me.
Speaker 1 (32:55):
Huh no, I can't hear you.
Speaker 7 (32:57):
Oh okay, now lit a room. Oh you know, because
I walked away from my vehicle and I thought maybe
my truck grab it. So now said they would send
out a remediation company to take care of, you know,
to take the you know what dry wall out and
the cabinets out and everything. And after waiting about a
month and a half and I called them several times,
(33:18):
they sent nobody. I finally got my insurance company involved
and we did the job. But it cost, uh, you know,
thirty five thousand dollars. And I think because the negligence
of letting it leak for a month, knowing that it
was leaking, that they should be on the hook for it. Now,
the CCNRS say that water intrusion is your responsibility and
(33:41):
I and I would agree, okay, Well, if I had
a leak coming in and I saw it, I would
I would take care of it right away. But because
we didn't know anything about it, and they did, and
they did nothing. I think I understand, I get it.
Speaker 1 (33:53):
No, I get it. Did your assurance company cover it?
Speaker 7 (33:58):
They paid part of it?
Speaker 1 (33:59):
Okay? How much did you end up pay?
Speaker 7 (34:02):
About six thousand? But the okaying is the thing is
Bill that when I want this is California and so
but some other places that I have the I didn't
get renewed. They wouldn't renew this insurance.
Speaker 1 (34:16):
Yeah, that happens all the time. Company. Yeah.
Speaker 7 (34:19):
But when I called the companies, they said, well, we're
not going to insure you because of the leak you had.
Speaker 2 (34:23):
Yeah, okay, and that's what happens. And you know you
can't force that insurance. You can't force an insurance company
to cover. What are you gonna do? Are you going
to go to court and then the judge are going
to say you must cover Walt's insurance or you must
give them insurance?
Speaker 1 (34:36):
Doesn't work that way, So you're kind of time that way.
Speaker 2 (34:39):
So you can go now with the issue you have
is six thousand dollars out of pocket, and that's where
you go. I would go against the HOA on that one,
and push comes to shove. You know, it's a small
claims case and you have to look at the ccn
RS how it works when you go against you have
a complaint against the the HOA, because the argument is
going to be they're responsible. They're going to say, well,
(35:01):
we did wait a month. Maybe we're wrong, but we're
not responsible for all of it because they were already
was a leak and it says right there in the
CCRs that we're not responsible for leaks.
Speaker 1 (35:12):
You have to take care of it.
Speaker 2 (35:13):
So now you get to figure out along a chrona,
a timeline, how much was the damage when you complained,
how much was the damage at the end of that
one month period, and was it fifty percent, was it
twenty five percent that was added to the problem, eighty percent?
I don't know, But you're suing for a specific amount
(35:35):
and you're going to have to actually prove that yeah,
they're responsible for it, because they're going to argue, okay,
ten percent, and the arbitrator is going to either agree
or disagree. And if they're responsible for ten percent, here's
a check for six hundred bucks. The other issue notice,
I said arbitrator, because if you look at the CCNRS,
(35:56):
one hundred percent guaranteed that there is an uritration clause uh,
and usually it's binding.
Speaker 1 (36:04):
If it isn't binding, you still have.
Speaker 2 (36:06):
To go through all of the administrative remedies. That means arbitration.
That means, uh, you go to whatever hearing and then
you can go to court. Now chances are well, I'm
sure about this one too, that the that the CCNRS
do say whoever wins, whoever prevail prevails gets attorneys fees.
(36:28):
So you know you've got you've got an interesting mess
on your hands, and you have to figure out the
first thing is the damage, and I know there's additional damage.
How much if it was the delay of a month,
it's difficult. It is a difficult situation for sure. All Right,
we are at the end of the show, and as
(36:51):
I said, I'm still taking phone calls right after I
lock out, right right after I say goodbye, and the
number is a one hundred five two zero one five
three four. I'm doing this off the air, so you'll
have a chance to get all of your questions answered.
You can call in right now eight hundred five two
(37:12):
zero one five three four eight hundred five two zero
one five three four. And let me tell you what
happens when I start taking phone calls after the show
off the air. There are no commercials, there are no breaks,
there is no weather, there is no traffic, and in
my case, there is no patience. So we get through
these phone calls pretty quickly. Phone number eight hundred five
(37:35):
two zero one five three four. That's eight hundred five
two zero one five three four. This is Handle on
the Law.
Speaker 11 (37:45):
You're listening to Bill Handle on demand from KFI AM
six forty