Episode Transcript
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Speaker 1 (00:00):
You're listening to KFI AM six forty. The bill handles
show on demand on the iHeartRadio f This is handle
on the law marginal legal advice where I tell you
you have absolutely no case. The FTC Federal Trade Commission
(00:20):
has sued a ticket reseller, Key Investment Group and hy Well.
This has to do with Taylor Swift and her Eras
tour that just finished up that grossed two billion dollars
or whatever. And here is why the lawsuit went forward
because Key Investment Group evaded the accusation is evaded purchasing
(00:44):
limits and they bought up thousands of these tickets to
events like Taylor Swift's tour and then resold them at markup.
Speaker 2 (00:54):
So why aren't they allowed to do that?
Speaker 1 (00:56):
Because the limit is six tickets per sale. And what
it does is operate ticket resale sites into total tickets.
Speaker 2 (01:06):
Dot Com is one of them.
Speaker 1 (01:09):
It uses thousands of Ticketmaster accounts, including fake purchased accounts.
Speaker 3 (01:16):
Now.
Speaker 1 (01:16):
Ticketmaster faced all kinds of criticism after its botch twenty
twenty two sale of tickets to Swift's new Eras tour.
Billions of requests from Swift fans and bots and ticket
resellers overwhelmed the website and the company canceled a ticket
sale event a plan ticket sale and for one Swift concert,
(01:38):
for example, Key Investment Group used forty nine different accounts
and purchase And this doesn't seem like a huge number
of two hundred and seventy three tickets and evaded the
six ticket purchase limit.
Speaker 2 (01:51):
But this one.
Speaker 1 (01:55):
One concert, right, one event, and she has had hundreds.
But let's say a local event which she's on for
a week, So one night they were able to purchase
two hundred and seventy three tickets, which doesn't seem like
a big deal unless you start adding the tickets across
the country per concert and around the world. Well, two
hundred and seventy three tickets and one thousand dollars ago
(02:18):
is two hundred and seventy three thousand dollars, and you
bet they charged that was only face value. Then you repurchase.
Remember the price of some of these tickets, they were
in the thousands of dollars and face price right was
not anywhere near that. So the FTC said, it's made
(02:41):
clear they intend to use the Bots Act to shut
down literally the entire secondary ticket market.
Speaker 2 (02:47):
Which is why you can't get a ticket.
Speaker 1 (02:50):
You have one of these go to concerts, and the
let's say sales starts at midnight on a given day,
well midnight, LUs ten seconds, it's sold out because these
fake concert purchasers have already overwhelmed the system with thousands,
(03:11):
tens of thousands of bots that buy them all. So
the federal government is saying, no, thank you, we're done. Now,
let's go ahead and take some phone calls. Jose, Louise,
do I have that right? Yeah?
Speaker 4 (03:26):
Right, Bill?
Speaker 5 (03:27):
I really enjoy your show.
Speaker 4 (03:29):
Listen.
Speaker 5 (03:30):
My question is if I'm getting sued, can they go
after my social Security?
Speaker 2 (03:36):
No? No, nope, nope.
Speaker 1 (03:39):
What they can do is go after the money in
the bank after you get your social Security. But if
they don't know the bank account, Jose, they can't touch you.
Speaker 4 (03:48):
Yeah. I did, and to touch them.
Speaker 5 (03:52):
Twenty fourteen, I started collecting social Security and I didn't
touch it, so you know I have a little bit
left in there. You know, I started, you should my
social security about four years ago. I'm seventy eight, I'm disabled,
not working, and I re rendered this lady.
Speaker 4 (04:18):
Going maybe maybe one mile an hour. What happened?
Speaker 2 (04:23):
I know that, you know, do you haven't you have
auto insurance hose?
Speaker 4 (04:27):
Oh yeah, sure, don't don't even worry.
Speaker 1 (04:29):
About don't even worry about it. Don't even worry about it.
Turn it over to your auto insurance and they'll take
care of it. This is what you have insured it.
Speaker 5 (04:38):
What about if she's not satisfied?
Speaker 1 (04:41):
Of course she's not gonna be satisfied. But you know
what's gonna happen. She's gonna settle. She's gonna settle. Yeah,
it's that simple. She will settle.
Speaker 2 (04:48):
Because insurance it.
Speaker 1 (04:50):
Of course they will. That's insurance. And because here's what
the insurance company does. They offer her fifteen hundred bucks, right,
they fix the bumper, and she manufacturers going to a chiropractor.
Speaker 2 (05:03):
Oh my neck, oh my back.
Speaker 1 (05:04):
Oh I can't walk.
Speaker 2 (05:06):
I'm out of a nightmare. It's all in there. It's crap.
And so the insurance company says.
Speaker 1 (05:12):
Okay, we'll fix the car, we'll pay a portion of
your medical and we're not going to give you a
die more. And usually she gets an attorney because it's
one of those attorneys, and the attorney demands, and you
know what happens.
Speaker 2 (05:27):
The insurance company goes, why don't you.
Speaker 1 (05:29):
Take us to court. Go right ahead and take us
to court, and you'll see what the.
Speaker 2 (05:34):
Court allows from you.
Speaker 1 (05:36):
For a one mile an hour minimal damage soft tissue injury.
We'll see what you get in court. By the way,
you've bought a trial. You you sleepball attorney, have bought
a full trial.
Speaker 2 (05:51):
So that's an.
Speaker 1 (05:53):
Insurance company that really does a good job. Now there
are other insurance companies because they have to do that,
because they can't get a reputation of rolling over. Now,
what they will do in many cases is say, okay,
we'll give you five thousand dollars just.
Speaker 2 (06:07):
To go away.
Speaker 1 (06:08):
And so the attorney gets a couple thousand dollars and
maybe she gets one thousand dollars and whatever. Chiropractor gets
a small amount of money. Let me tell you something,
jose Luis. Just turn it over your insurance company and
don't worry about it. This is nothing to worry about.
I mean zero to worry about. Hello, Ray, welcome to
(06:30):
handle on the law.
Speaker 6 (06:33):
Hello.
Speaker 1 (06:34):
Yes, I'm waiting.
Speaker 7 (06:41):
Oh I was trying to turn my radio off. I
had a swing fall and I want to pipe for
a job at a big restaurant. Is it too late
since it's been a year.
Speaker 2 (06:51):
No, not statute.
Speaker 1 (06:53):
Why so you have a slip and fall at a restaurant.
Tell me what happened at that restaurant.
Speaker 7 (06:58):
Well, I had an interview, it was my second interview,
and I went in and as I was leaving, you
have to walk from the dining area where the manager
was sitting out the door right which is straight, and
we passed through the bar and I slipped and fell
right there.
Speaker 2 (07:14):
Oh well, just what did you.
Speaker 4 (07:17):
What wouldn't fall on the floor?
Speaker 2 (07:20):
Yeah? What caused you to slip and fall?
Speaker 7 (07:23):
I don't know.
Speaker 1 (07:24):
I just want that's a problem. That is a bigger
problem than the statute. I mean, there's some issues going
on in terms of when you treated and when you.
Speaker 2 (07:32):
File, et cetera.
Speaker 1 (07:33):
But just because you fell doesn't mean they did anything wrong.
Speaker 2 (07:38):
Keep in mind, you've.
Speaker 1 (07:39):
Got to say there was something there, There was something
sticking up from the floor or something fell on you.
Speaker 2 (07:45):
But if you just say I fell and I want
some money, I fall, you fall, people are cuts as ray.
There just happens. So you've got to prove that they
did something wrong.
Speaker 7 (08:00):
Okay, that's that's a good point there on what definitely
their floor was really slippery with.
Speaker 2 (08:06):
Them all right, that's one argument.
Speaker 1 (08:09):
Okay, your floor was slippery.
Speaker 2 (08:11):
I don't know how you prove that. I don't know
how you prove that.
Speaker 1 (08:16):
It's a year later, but uh, how do you prove
that a year ago the floor was slippery?
Speaker 7 (08:23):
Yeah? So basically I Michael, forget it.
Speaker 2 (08:25):
Well, yeah, pretty much if you've done it earlier.
Speaker 1 (08:29):
Well, there's also, uh, what what happened to you physically?
Speaker 7 (08:35):
What my siatic nerve? Yeah?
Speaker 1 (08:39):
Okay, so you okay, your sciatic nerves started acting up
and you hadn't have a did not have a siatic
nerve problem before that?
Speaker 7 (08:48):
No? Never?
Speaker 2 (08:49):
Okay, all right, So.
Speaker 1 (08:50):
Now here you come a year later. Uh, and assuming
that you were able to prove yep, floor was slippery
and they're at fault. Okay, assuming that you're able to
prove that, which I think is gonna be very difficult,
and you're still within the statute. Okay, Now you're coming
back and saying this is what caused my sciatic nerve
to screw up, And they're going to say, could it
be something else?
Speaker 2 (09:11):
Ray, it's been a year since you had the slip
and fall. Do you think.
Speaker 1 (09:15):
Something could have happened between a year ago and now, yeah,
you have no case on two different levels. Congratulations, This
is handle on the law. Welcome back, handle on the law.
Speaker 2 (09:32):
Marginal legal advice.
Speaker 1 (09:34):
Joey, Hello, Joey, Hello Bill.
Speaker 4 (09:38):
Yeah, part of that voice. That's the reason I'm calling back.
In September of last year, right, parmary care physician in
my yearly physical set her sidelus plan is growing and
bicycle about it. Yeah, I'll just refer you to the
(10:01):
surgeon and we'll just remove it. That's the end of it. Okay, great, So.
Speaker 3 (10:06):
I go to the surgeon. The surgeon says, well, uh,
it's it's growing, and uh we can watch it. He
can turn cancerous, but uh uh we can just monitor
it or operate. So I hear the word cancer. I said,
now this operate. So he operates. After the surgery, he said,
(10:32):
you're going to be able to go back to work
a couple of weeks. Your diaphragm maybe move up to
the long all bit. But it's it's it's a coupathetic
of an excise. So now it's been a year later.
So I lost my voice. I'm sorry.
Speaker 1 (10:53):
I know you can hear it. Yes, clearly.
Speaker 4 (10:57):
I lose water vocal cords so I went back to
him and he said what happened? He said, well, he
was a large times grant and I had you know,
there was a lot of difficulty taking it out. So
your vocal course got compromise. Also, my die firm got compromise.
So I go to a specialist to get my voice back.
(11:20):
He says, we got to wait a year because sometimes
these things fix themselves. So now I have to have
two surgeries to repair the one surgery. But I lost
a year worth of work.
Speaker 2 (11:37):
All right, the worst that you have, all right?
Speaker 1 (11:39):
That I mean, assuming that you win this thing, and
based on what you said, there may be malpractice.
Speaker 2 (11:45):
Now, if you look at the consent form that you signed.
Speaker 1 (11:50):
H before the surgery, it gives you all the risk
factors and one of those things that may be at risk. Now,
a doctor is not allowed to weigh malpractice. That's not
a risk that you are incurring. Malpractice is not something
that you say, oh, if you malpractice, don't worry about it.
Speaker 2 (12:09):
I can't sue you.
Speaker 1 (12:11):
However, if a small percentage of cases occur the way
yours have, and there's and if there is no practice,
it just happens, especially under these conditions when you remove this,
and then the cord is going to have to be affected,
the vocal cords or whatever.
Speaker 2 (12:28):
And the doctor will explain all this because.
Speaker 1 (12:29):
This is a big case, Joey, this is a big
medical malpractice case, and you're gonna need a medical malpractice
attorney and you're gonna go to specialists up the ying yang.
Speaker 2 (12:40):
Do you have one yet?
Speaker 4 (12:42):
Yeah? I have a couple. I'm scheduled to have.
Speaker 2 (12:47):
Okay, got it. What's your question, Joey, what's your question?
Speaker 4 (12:51):
All right? My question was but basically because I did
sorry to consent for yeah.
Speaker 1 (12:56):
Okay, good question. Yes you did you sign the consent form.
That's exactly what I talk about. Okay. And by the way,
everybody signs a consent for him. You didn't do anything
that you have to do otherwise they won't touch you.
And there's an arbitration clause in that consent form, so
you don't go to court. You have to go to
an arbitrator, which always helps the doctor's office. And here
(13:18):
is the issue, and this is where your medical malpractice
attorney is going to send the medical notes to his
or her attorney I mean doctor and specialists and get
an opinion. Because medical malpractice has to be certified or
there has to be another doctor says, yeah, you have
a case, and based on what you said, there may
(13:40):
be a case. The fact that your consent form really
doesn't matter anything. It doesn't matter if there was malpractice negligence.
Speaker 2 (13:48):
So at this point you're doing everything right.
Speaker 1 (13:50):
And if the lawyer does the lawyer that you have does,
the lawyer say, you have a pretty good case and
we're moving forward on it.
Speaker 8 (13:58):
Yet, oh, I.
Speaker 4 (14:00):
Two of the doctor.
Speaker 2 (14:03):
Two doctors.
Speaker 1 (14:04):
Okay, so you've got to find What you have to
do is find a medical malpractice attorney.
Speaker 4 (14:09):
Uh.
Speaker 1 (14:09):
And even though uh we don't have uh, we don't
do medmal on handle on the law dot com. Uh,
there are referrals we have uh that handle on the
law dot com does refer to medical malpractice attorneys. So
go to handle on the law dot Com. You'll probably
talk to Mark who runs it and uh and you'll
(14:29):
sit down with a lawyer and we'll see if anything's there.
You know, if there is, uh, you know it's it's
a pretty big taste, Joey.
Speaker 2 (14:37):
So you know, good look, yeah, good line. I don't
want to.
Speaker 1 (14:40):
Get your hopes up too high. You're not gonna and
you're not gonna shame opera ever again. But you know,
maybe you have something there, Uh, Valerie High Valerie.
Speaker 9 (14:52):
Hi Bill.
Speaker 10 (14:53):
Yes, my friend lives in an apartment in Dana Point
and she has very reasonable rents. However, it's full of
mold and she's afraid to tell her manager because she
thinks he might say, if you don't like it, move out,
or he'll fix it.
Speaker 7 (15:12):
And then raise the rent.
Speaker 10 (15:14):
Well, they're only supposed to raise the rent ten percent
a year.
Speaker 1 (15:17):
Right, That's all they can do under California law, and
Data Point does not have rent control. If she were
in LA, you'd be talking to three percent a year
with the rent control that's in LA.
Speaker 2 (15:30):
So you know what I.
Speaker 1 (15:31):
Mean, she can suck it up, but he has to mediate.
I mean he's ameliorate the amelia rates.
Speaker 2 (15:41):
That the right word, remediate, remediate the mold.
Speaker 1 (15:46):
He can't keep the mold in there because what will
happen is she could get very sick. And if he
tries to evict her based on her complaint about mold,
that is a little problematic. So you know, it's it's
her choice at this point. Yeah, depending on the landlord.
When I was a landlord. I was a good guy,
(16:07):
which is one of the reasons I'm not a landlord
anymore because I would spend the money and the tenants
basically kick the crap out of me. But you know, okay,
that's you know, and that's legally. Can she go and
force him to fix it? Yes, legally. Can she throw him?
(16:29):
Can he throw her out?
Speaker 2 (16:30):
Yes?
Speaker 1 (16:31):
So it's going to be her call. It's exactly what
you thought. It is absolutely her call. All right, let's
talk about artificial insemination. In semination. I always keep doing that.
Artificial intelligence. You know, I go back to thirty five
years of work of in the reproductive law business. So
(16:54):
AI to me, what do you think it is?
Speaker 4 (16:56):
Right?
Speaker 1 (16:57):
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Speaker 2 (17:52):
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(18:14):
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Speaker 2 (18:17):
This is handle on the law.
Speaker 11 (18:20):
You're listening to Bill Handle on demand from KF I
am six forty.
Speaker 1 (18:27):
Welcome back Marginal legal Advice where I tell you have
no case?
Speaker 2 (18:36):
All right?
Speaker 1 (18:37):
Uh Star, Hello Star, welcome.
Speaker 6 (18:41):
Hey Bill, Yeah, uh thanks for taking my call.
Speaker 4 (18:46):
Sure I had a question.
Speaker 6 (18:48):
It's probably a real estate type attorney question. But I
have property and on one side of my property have
at easement. It's for access. They can access their property
which is behind me and the one of the owners
has really changed the usage of it. He said he
(19:12):
want to change it to his main driveways. And he
also is wanting me to cut down or cut back
trees because he's bought this fourteen foot high trailer. So
he doesn't want to scratch the top.
Speaker 2 (19:29):
Of his right, I understand. So all right, let me
ask you.
Speaker 1 (19:32):
He can easily use the main driveway, How does how
did an eastman come on your property for a secondary driveway?
Speaker 2 (19:40):
Can he not use the primary driveway to get to
his property?
Speaker 6 (19:45):
You can't get to the back of his property. He'd
have to change his property around.
Speaker 2 (19:50):
Well, okay, got it?
Speaker 1 (19:51):
So okay, that's so all right, So there really isn't
that easement is not a secondary easeman based on the
way he described it. It is the main Eastman, it's
the main entrance. So when you say he's using it
as his primary usage, does he never use the other driveway?
Speaker 2 (20:10):
Can he use the other driveway?
Speaker 6 (20:13):
He could? Yes, the other driveway is functional. He has
other cars parked there.
Speaker 2 (20:18):
Okay, all right, So all right, so what's happening now?
Speaker 6 (20:23):
So now he's just he's been parking his he's been
driving a lot more on the back. It's they're driving fast,
they're kicking up dust.
Speaker 1 (20:34):
Well they can drive okay, okay, driving more they're allowed
to do unless the Eastman says you can only drive
five times a day through there. So there you've got
no place to go as far as you know, asking
you to cut down the trees?
Speaker 2 (20:53):
No, no, no, thank you. He can argue that. But
what's he gonna do is he gonna take your court star?
Speaker 6 (21:02):
Well, he's you know, he offered to help get him trimmed.
I said, I'm not going to have a random person
do it. They're they're nice, mature trees, so they need
to be professionally trimmed, right, say that.
Speaker 4 (21:18):
I did.
Speaker 6 (21:18):
But also there's the fact that this this huge new
trailer that he's bought that I feel has changed the
access use. Well, he's got this big, oversized, huge camping
trailer that's fourteen feet high.
Speaker 2 (21:38):
Okay, we just talked about that. That's okay, that's true.
Speaker 1 (21:41):
Does he but it's his uh, it's his driveway, right,
it's exclusively for him?
Speaker 2 (21:46):
Is that correct?
Speaker 4 (21:47):
No?
Speaker 6 (21:48):
No, the easement, I own the property.
Speaker 2 (21:50):
Right now, I understand, But who uses that easement? Who
uses it to get in their house? Other than him.
Speaker 6 (21:59):
Well, my renters drive on it to get to the
house at the battle.
Speaker 2 (22:02):
Okay, all right?
Speaker 1 (22:03):
So all right, So are they not allowed to go
in because he has this huge trailer?
Speaker 2 (22:08):
Is he blocking off the Eastman at all?
Speaker 4 (22:12):
No?
Speaker 6 (22:12):
But the way that they're driving and everything. My renters
have a young toddler eighteen months and like I feel
it's unsafe for my renters, it's great.
Speaker 1 (22:24):
And you're an ex and you're an expert on safety. Star,
You've decided where is safety? What speed is safe?
Speaker 2 (22:30):
Do you think.
Speaker 6 (22:33):
Five to ten miles max?
Speaker 2 (22:34):
Five to ten miles an hour?
Speaker 1 (22:35):
So they're going fifteen and they're saying it's perfectly safe,
and you're saying, no, it's not. Well, you have to
bring an engineer in there. Someone's got to if someone
has to come in with some expertise, is the court
gonna say, of course, Star, we're gonna listen to what
you think is safe because you're the expert, Star, and
they're gonna say, we're driving perfectly safe.
Speaker 6 (22:59):
Right, You've got a problem on your hands.
Speaker 4 (23:02):
Yeah.
Speaker 1 (23:02):
And by the way, if they end up killing somebody,
that little kid, that's their problem, not yours. So all
you can do is get lots of insurance, take the
trees down if they're willing to pay with a professional arborist.
Speaker 2 (23:18):
Say, if you if you think I'm gonna have.
Speaker 1 (23:20):
Your friend who gardens as a hobby trim these trees,
you're crazy. And if you want to go, I'm willing
to do that. I'm willing to trim with a professional arborist.
And if they say no, fine, you leave the trees
where they are, let him scratch up his plate is
the r V or trailer as much as he wants,
(23:41):
and then you put him on.
Speaker 6 (23:44):
Yeah, what about maintaining the road?
Speaker 1 (23:48):
Like, whose job is that?
Speaker 2 (23:51):
Okay? Whose job is that?
Speaker 6 (23:54):
It is? Theoretically I own the property, so yeah.
Speaker 2 (23:57):
Yeah, well but there's an easement there too. Yeah.
Speaker 6 (24:00):
Yeah.
Speaker 1 (24:00):
You can tell them that your speed is causing dust
and I have to clean the dust, and you're responsible,
and you sue them for you assume them for that.
Speaker 2 (24:07):
So every month you clean up the dot. Where does
the dust go? By the way star, because.
Speaker 6 (24:12):
All over the house, the back house my house.
Speaker 1 (24:17):
Okay, wait, wait, the back house is not your problem,
nless you own the house.
Speaker 6 (24:20):
I do own that house.
Speaker 2 (24:22):
Okay. Then what you do is you let them know ye.
Speaker 1 (24:25):
What I would do is have a lawyer write a
letter at this point, because you know there's issues here, conflate,
they go over each other, Some make sense, some don't.
Speaker 4 (24:35):
See.
Speaker 1 (24:35):
You write a letter and he go and the lawyer
goes through the whole thing and says, here's the issue,
here's the issue, here's the issue. Here's the issue. You're
responsible for ABCD. You're on notice because of your speed.
You're on notice because of this, and then if something
happens it you know you're.
Speaker 2 (24:53):
Protected as much as possible. This is Handle on the Law.
Speaker 1 (24:58):
Welcome back, Handle on the law, Marginal legal advice.
Speaker 2 (25:04):
Ernest. Hello, Ernest, welcome to handle on the law.
Speaker 8 (25:07):
Hello Bill, how are you there?
Speaker 2 (25:08):
Yes, sir? What can I do for you?
Speaker 8 (25:12):
I have a situation where I was born in England
back in the fifties during the Cold War. My father
was a serving officer in the US Air Force, so
I spent the next sixty five years of my life
(25:34):
working and joy had been paying paying Social Security in
SSDI taxes. I have a Social Security card, but when
I was hospitalized recently as a result was coming down
with a fairly serious disease, I automatically got applied for Medicare,
(25:58):
and initially they gave me Part A and B, but
shortly after that, about a month after that, they said,
you're not a citizen, you're not entitled, and they pulled
all of it. So I've been paying for my own drugs.
Speaker 1 (26:13):
Yeah, okay, let me ask you, okay, started start. Are
you in California?
Speaker 8 (26:19):
Yes, I am.
Speaker 2 (26:20):
Okay. So there's medical.
Speaker 1 (26:25):
That's there and you're saying you applied for that and
you can't get it medicare.
Speaker 8 (26:31):
Col I applied for Medicare, okay.
Speaker 1 (26:35):
Medicare is a federal program, and they can say if
you're not legal, we're not going to pay.
Speaker 2 (26:41):
A matter of fact, they have said that.
Speaker 3 (26:43):
Uh.
Speaker 2 (26:43):
And the problem is, yeah.
Speaker 8 (26:46):
The problem is that unless I've got my fact froguess
you're the child of an American officer born overseas, you
are a citizen by definition.
Speaker 2 (26:56):
I don't think so. I think you were born overseas.
Speaker 1 (26:59):
Now, if you're a child of a diplomat and born overseas, well,
actually it would make you an American citizen.
Speaker 2 (27:07):
I don't even know if you can. You know, that's
a good question.
Speaker 1 (27:12):
Do you have to apply because you circainly can apply
for citizenship.
Speaker 2 (27:16):
You know what, you may be right on that.
Speaker 1 (27:18):
If if active duty serviceman and you are born overseas
of an active duty person serviceman, I think you may
be entitled to declare citizenship or you're automatically a citizen.
Speaker 2 (27:33):
Interesting question, Well, I've.
Speaker 8 (27:35):
Always believe that.
Speaker 2 (27:36):
Yeah, no, it doesn't matter. It doesn't Yeah, it doesn't matter.
Speaker 8 (27:39):
A security card, yeah, I know, I understand.
Speaker 1 (27:41):
But in those days, but in those days you could
get a Social Security card even if you weren't legal.
Many many years ago, I think you and they didn't
follow up on it and they take your money, and
they do that now where Social Security is taken out
of paycheck's illegal migrants.
Speaker 2 (27:58):
That's exactly what happens.
Speaker 1 (27:59):
They make up a Social Security Card number, they pay,
and they're gonna and they're not gonna get anything. So
the answer is, are you a legal US citizen because
your dad was a serviceman that was overseas.
Speaker 2 (28:15):
And was on active duty.
Speaker 1 (28:17):
If if that's the case, then you simply have to
appeal everything.
Speaker 2 (28:21):
And they all have appeals. Process. Medical has appeals, Medicare
has appeals, and you got to get through.
Speaker 1 (28:27):
You got to get through that because you may even
if you're an American citizen, which is god.
Speaker 2 (28:33):
I wish I knew that too. Uh, and I wish
I cared enough. You know what, Let me do this.
Let me go on Siri just to ask, because this
is fun.
Speaker 1 (28:42):
You Usually I don't care, you know, even if I'm wrong,
I don't care.
Speaker 2 (28:46):
But that one is interesting. I hate Siri.
Speaker 12 (28:48):
Yeah, if you are born overseas from an active duty serviceman,
are you an American citizen?
Speaker 2 (29:01):
Do do do?
Speaker 10 (29:03):
Uh?
Speaker 2 (29:04):
Oh?
Speaker 1 (29:05):
Wait a sec uh chillion overseas? Uh addresses it? Uh
uh all right? Uh uh yeah, I think so.
Speaker 2 (29:21):
I think so.
Speaker 4 (29:23):
I just think.
Speaker 1 (29:25):
I think you're good. I think you're good. All right,
all right, there's the answer. Uh and all right. That
was interesting because I actually, uh, this is way too
easy for or difficult for me to read on the
US for signing overseas.
Speaker 2 (29:41):
Let me see that.
Speaker 1 (29:42):
Uh one or both parents are US citizen's right active
duty visit. I must writ a physical present, require your
honorable service. Maybe physical presence? Uh oh, it says uh
uh maybe not, it doesn't. It isn't very well written.
But I told him that he is, so, you know,
I made his day, And I'm probably wrong.
Speaker 4 (30:04):
On that.
Speaker 2 (30:04):
Excellent, excellent, excellent.
Speaker 1 (30:08):
Oh okay, Pamela, Hello Pamela, Hi.
Speaker 9 (30:14):
Bill, how are you listen? I wanted to I had
a golf club that broke in half while I was
swinging it, and when it snapped, it ricocheted back and
hit me in the face and knocked out broke, actually
knocked out one of my twos. The other one crushed.
It had to be surgically removed, and cracked another one
(30:34):
on the side of my face. And I wondered if
I had any kind of recourse either with you know,
the club manufacture.
Speaker 1 (30:42):
Yeah, yeah, okay, Okay. Two things I want to bring up.
Number one, congratulations, I have doing this show for I've
been doing the show for decades, and I thought I
got every single question, or some derivative of every single
question you could ever imagine.
Speaker 2 (31:00):
You just broke them. Old, my dear, You've got me
a brand new call that I've never received.
Speaker 1 (31:06):
The answer is, yeah, I think I think there's something there.
Now is it a designed effect? It depends on how
old the club is. Let me give you some let
me give you some defenses. Okay, with the understanding, I
think there's a case there. So what is the defense, Well,
the club is so old that you shouldn't use it anymore,
(31:27):
although they're antique clubs. I don't know if that's gonna work. Two,
you hit the ball or you hit the ground in
such a way that the thing snapped. Because people snap
those things all the time when they know, when they
have a miserable game of golf, you know, they just
snap them over their knees. So the answer is, I
don't know, except this is one of those cases that
(31:50):
you absolutely talk to a personal injury lawyer. This may
be a designed efect, it can be all manner of things,
and you're damn are big enough to where a lawyer
would seriously look at it. Go to handle on the
law dot com, go to my website and you'll get
the advice you need.
Speaker 2 (32:11):
And they're very honest. I mean they're really good.
Speaker 1 (32:12):
If there's no case there, they'll tell you or they'll
say handle this on your own, or we don't do that,
or refer someone who's had experienced in this field, whatever
it is. But that's that's the website. Handle on the
law dot Com. Good luck to you, by the way.
Speaker 9 (32:27):
With no teeth, I know, so what a freaky thing.
But I know, really, I couldn't believe when it happened.
Speaker 8 (32:35):
But you know.
Speaker 9 (32:38):
I'm in northern California.
Speaker 7 (32:40):
Does that matter?
Speaker 1 (32:40):
No, it doesn't matter. You know, ninety percent of people
don't even meet their lawyers. It doesn't matter. As long
as it's California. It doesn't matter. What a weird case things.
Snaps comes back up, smash his teeth, he needs surgery.
Speaker 2 (32:55):
Wow, what a weird one.
Speaker 1 (32:57):
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(33:19):
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(33:42):
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Speaker 2 (33:55):
Promo code KFI. This is Handle on the Law.
Speaker 11 (34:01):
You're listening to Bill Handel on demand from KFI a
M six forty
You're listening to KFI AM six forty. The bill handles
show on demand on the iHeartRadio f This is handle
on the law marginal legal advice where I tell you
you have absolutely no case. The FTC Federal Trade Commission
(00:20):
has sued a ticket reseller, Key Investment Group and hy Well.
This has to do with Taylor Swift and her Eras
tour that just finished up that grossed two billion dollars
or whatever. And here is why the lawsuit went forward
because Key Investment Group evaded the accusation is evaded purchasing
(00:44):
limits and they bought up thousands of these tickets to
events like Taylor Swift's tour and then resold them at markup.
Speaker 2 (00:54):
So why aren't they allowed to do that?
Speaker 1 (00:56):
Because the limit is six tickets per sale. And what
it does is operate ticket resale sites into total tickets.
Speaker 2 (01:06):
Dot Com is one of them.
Speaker 1 (01:09):
It uses thousands of Ticketmaster accounts, including fake purchased accounts.
Speaker 3 (01:16):
Now.
Speaker 1 (01:16):
Ticketmaster faced all kinds of criticism after its botch twenty
twenty two sale of tickets to Swift's new Eras tour.
Billions of requests from Swift fans and bots and ticket
resellers overwhelmed the website and the company canceled a ticket
sale event a plan ticket sale and for one Swift concert,
(01:38):
for example, Key Investment Group used forty nine different accounts
and purchase And this doesn't seem like a huge number
of two hundred and seventy three tickets and evaded the
six ticket purchase limit.
Speaker 2 (01:51):
But this one.
Speaker 1 (01:55):
One concert, right, one event, and she has had hundreds.
But let's say a local event which she's on for
a week, So one night they were able to purchase
two hundred and seventy three tickets, which doesn't seem like
a big deal unless you start adding the tickets across
the country per concert and around the world. Well, two
hundred and seventy three tickets and one thousand dollars ago
(02:18):
is two hundred and seventy three thousand dollars, and you
bet they charged that was only face value. Then you repurchase.
Remember the price of some of these tickets, they were
in the thousands of dollars and face price right was
not anywhere near that. So the FTC said, it's made
(02:41):
clear they intend to use the Bots Act to shut
down literally the entire secondary ticket market.
Speaker 2 (02:47):
Which is why you can't get a ticket.
Speaker 1 (02:50):
You have one of these go to concerts, and the
let's say sales starts at midnight on a given day,
well midnight, LUs ten seconds, it's sold out because these
fake concert purchasers have already overwhelmed the system with thousands,
(03:11):
tens of thousands of bots that buy them all. So
the federal government is saying, no, thank you, we're done. Now,
let's go ahead and take some phone calls. Jose, Louise,
do I have that right? Yeah?
Speaker 4 (03:26):
Right, Bill?
Speaker 5 (03:27):
I really enjoy your show.
Speaker 4 (03:29):
Listen.
Speaker 5 (03:30):
My question is if I'm getting sued, can they go
after my social Security?
Speaker 2 (03:36):
No? No, nope, nope.
Speaker 1 (03:39):
What they can do is go after the money in
the bank after you get your social Security. But if
they don't know the bank account, Jose, they can't touch you.
Speaker 4 (03:48):
Yeah. I did, and to touch them.
Speaker 5 (03:52):
Twenty fourteen, I started collecting social Security and I didn't
touch it, so you know I have a little bit
left in there. You know, I started, you should my
social security about four years ago. I'm seventy eight, I'm disabled,
not working, and I re rendered this lady.
Speaker 4 (04:18):
Going maybe maybe one mile an hour. What happened?
Speaker 2 (04:23):
I know that, you know, do you haven't you have
auto insurance hose?
Speaker 4 (04:27):
Oh yeah, sure, don't don't even worry.
Speaker 1 (04:29):
About don't even worry about it. Don't even worry about it.
Turn it over to your auto insurance and they'll take
care of it. This is what you have insured it.
Speaker 5 (04:38):
What about if she's not satisfied?
Speaker 1 (04:41):
Of course she's not gonna be satisfied. But you know
what's gonna happen. She's gonna settle. She's gonna settle. Yeah,
it's that simple. She will settle.
Speaker 2 (04:48):
Because insurance it.
Speaker 1 (04:50):
Of course they will. That's insurance. And because here's what
the insurance company does. They offer her fifteen hundred bucks, right,
they fix the bumper, and she manufacturers going to a chiropractor.
Speaker 2 (05:03):
Oh my neck, oh my back.
Speaker 1 (05:04):
Oh I can't walk.
Speaker 2 (05:06):
I'm out of a nightmare. It's all in there. It's crap.
And so the insurance company says.
Speaker 1 (05:12):
Okay, we'll fix the car, we'll pay a portion of
your medical and we're not going to give you a
die more. And usually she gets an attorney because it's
one of those attorneys, and the attorney demands, and you
know what happens.
Speaker 2 (05:27):
The insurance company goes, why don't you.
Speaker 1 (05:29):
Take us to court. Go right ahead and take us
to court, and you'll see what the.
Speaker 2 (05:34):
Court allows from you.
Speaker 1 (05:36):
For a one mile an hour minimal damage soft tissue injury.
We'll see what you get in court. By the way,
you've bought a trial. You you sleepball attorney, have bought
a full trial.
Speaker 2 (05:51):
So that's an.
Speaker 1 (05:53):
Insurance company that really does a good job. Now there
are other insurance companies because they have to do that,
because they can't get a reputation of rolling over. Now,
what they will do in many cases is say, okay,
we'll give you five thousand dollars just.
Speaker 2 (06:07):
To go away.
Speaker 1 (06:08):
And so the attorney gets a couple thousand dollars and
maybe she gets one thousand dollars and whatever. Chiropractor gets
a small amount of money. Let me tell you something,
jose Luis. Just turn it over your insurance company and
don't worry about it. This is nothing to worry about.
I mean zero to worry about. Hello, Ray, welcome to
(06:30):
handle on the law.
Speaker 6 (06:33):
Hello.
Speaker 1 (06:34):
Yes, I'm waiting.
Speaker 7 (06:41):
Oh I was trying to turn my radio off. I
had a swing fall and I want to pipe for
a job at a big restaurant. Is it too late
since it's been a year.
Speaker 2 (06:51):
No, not statute.
Speaker 1 (06:53):
Why so you have a slip and fall at a restaurant.
Tell me what happened at that restaurant.
Speaker 7 (06:58):
Well, I had an interview, it was my second interview,
and I went in and as I was leaving, you
have to walk from the dining area where the manager
was sitting out the door right which is straight, and
we passed through the bar and I slipped and fell
right there.
Speaker 2 (07:14):
Oh well, just what did you.
Speaker 4 (07:17):
What wouldn't fall on the floor?
Speaker 2 (07:20):
Yeah? What caused you to slip and fall?
Speaker 7 (07:23):
I don't know.
Speaker 1 (07:24):
I just want that's a problem. That is a bigger
problem than the statute. I mean, there's some issues going
on in terms of when you treated and when you.
Speaker 2 (07:32):
File, et cetera.
Speaker 1 (07:33):
But just because you fell doesn't mean they did anything wrong.
Speaker 2 (07:38):
Keep in mind, you've.
Speaker 1 (07:39):
Got to say there was something there, There was something
sticking up from the floor or something fell on you.
Speaker 2 (07:45):
But if you just say I fell and I want
some money, I fall, you fall, people are cuts as ray.
There just happens. So you've got to prove that they
did something wrong.
Speaker 7 (08:00):
Okay, that's that's a good point there on what definitely
their floor was really slippery with.
Speaker 2 (08:06):
Them all right, that's one argument.
Speaker 1 (08:09):
Okay, your floor was slippery.
Speaker 2 (08:11):
I don't know how you prove that. I don't know
how you prove that.
Speaker 1 (08:16):
It's a year later, but uh, how do you prove
that a year ago the floor was slippery?
Speaker 7 (08:23):
Yeah? So basically I Michael, forget it.
Speaker 2 (08:25):
Well, yeah, pretty much if you've done it earlier.
Speaker 1 (08:29):
Well, there's also, uh, what what happened to you physically?
Speaker 7 (08:35):
What my siatic nerve? Yeah?
Speaker 1 (08:39):
Okay, so you okay, your sciatic nerves started acting up
and you hadn't have a did not have a siatic
nerve problem before that?
Speaker 7 (08:48):
No? Never?
Speaker 2 (08:49):
Okay, all right, So.
Speaker 1 (08:50):
Now here you come a year later. Uh, and assuming
that you were able to prove yep, floor was slippery
and they're at fault. Okay, assuming that you're able to
prove that, which I think is gonna be very difficult,
and you're still within the statute. Okay, Now you're coming
back and saying this is what caused my sciatic nerve
to screw up, And they're going to say, could it
be something else?
Speaker 2 (09:11):
Ray, it's been a year since you had the slip
and fall. Do you think.
Speaker 1 (09:15):
Something could have happened between a year ago and now, yeah,
you have no case on two different levels. Congratulations, This
is handle on the law. Welcome back, handle on the law.
Speaker 2 (09:32):
Marginal legal advice.
Speaker 1 (09:34):
Joey, Hello, Joey, Hello Bill.
Speaker 4 (09:38):
Yeah, part of that voice. That's the reason I'm calling back.
In September of last year, right, parmary care physician in
my yearly physical set her sidelus plan is growing and
bicycle about it. Yeah, I'll just refer you to the
(10:01):
surgeon and we'll just remove it. That's the end of it. Okay, great, So.
Speaker 3 (10:06):
I go to the surgeon. The surgeon says, well, uh,
it's it's growing, and uh we can watch it. He
can turn cancerous, but uh uh we can just monitor
it or operate. So I hear the word cancer. I said,
now this operate. So he operates. After the surgery, he said,
(10:32):
you're going to be able to go back to work
a couple of weeks. Your diaphragm maybe move up to
the long all bit. But it's it's it's a coupathetic
of an excise. So now it's been a year later.
So I lost my voice. I'm sorry.
Speaker 1 (10:53):
I know you can hear it. Yes, clearly.
Speaker 4 (10:57):
I lose water vocal cords so I went back to
him and he said what happened? He said, well, he
was a large times grant and I had you know,
there was a lot of difficulty taking it out. So
your vocal course got compromise. Also, my die firm got compromise.
So I go to a specialist to get my voice back.
(11:20):
He says, we got to wait a year because sometimes
these things fix themselves. So now I have to have
two surgeries to repair the one surgery. But I lost
a year worth of work.
Speaker 2 (11:37):
All right, the worst that you have, all right?
Speaker 1 (11:39):
That I mean, assuming that you win this thing, and
based on what you said, there may be malpractice.
Speaker 2 (11:45):
Now, if you look at the consent form that you signed.
Speaker 1 (11:50):
H before the surgery, it gives you all the risk
factors and one of those things that may be at risk. Now,
a doctor is not allowed to weigh malpractice. That's not
a risk that you are incurring. Malpractice is not something
that you say, oh, if you malpractice, don't worry about it.
Speaker 2 (12:09):
I can't sue you.
Speaker 1 (12:11):
However, if a small percentage of cases occur the way
yours have, and there's and if there is no practice,
it just happens, especially under these conditions when you remove this,
and then the cord is going to have to be affected,
the vocal cords or whatever.
Speaker 2 (12:28):
And the doctor will explain all this because.
Speaker 1 (12:29):
This is a big case, Joey, this is a big
medical malpractice case, and you're gonna need a medical malpractice
attorney and you're gonna go to specialists up the ying yang.
Speaker 2 (12:40):
Do you have one yet?
Speaker 4 (12:42):
Yeah? I have a couple. I'm scheduled to have.
Speaker 2 (12:47):
Okay, got it. What's your question, Joey, what's your question?
Speaker 4 (12:51):
All right? My question was but basically because I did
sorry to consent for yeah.
Speaker 1 (12:56):
Okay, good question. Yes you did you sign the consent form.
That's exactly what I talk about. Okay. And by the way,
everybody signs a consent for him. You didn't do anything
that you have to do otherwise they won't touch you.
And there's an arbitration clause in that consent form, so
you don't go to court. You have to go to
an arbitrator, which always helps the doctor's office. And here
(13:18):
is the issue, and this is where your medical malpractice
attorney is going to send the medical notes to his
or her attorney I mean doctor and specialists and get
an opinion. Because medical malpractice has to be certified or
there has to be another doctor says, yeah, you have
a case, and based on what you said, there may
(13:40):
be a case. The fact that your consent form really
doesn't matter anything. It doesn't matter if there was malpractice negligence.
Speaker 2 (13:48):
So at this point you're doing everything right.
Speaker 1 (13:50):
And if the lawyer does the lawyer that you have does,
the lawyer say, you have a pretty good case and
we're moving forward on it.
Speaker 8 (13:58):
Yet, oh, I.
Speaker 4 (14:00):
Two of the doctor.
Speaker 2 (14:03):
Two doctors.
Speaker 1 (14:04):
Okay, so you've got to find What you have to
do is find a medical malpractice attorney.
Speaker 4 (14:09):
Uh.
Speaker 1 (14:09):
And even though uh we don't have uh, we don't
do medmal on handle on the law dot com. Uh,
there are referrals we have uh that handle on the
law dot com does refer to medical malpractice attorneys. So
go to handle on the law dot Com. You'll probably
talk to Mark who runs it and uh and you'll
(14:29):
sit down with a lawyer and we'll see if anything's there.
You know, if there is, uh, you know it's it's
a pretty big taste, Joey.
Speaker 2 (14:37):
So you know, good look, yeah, good line. I don't
want to.
Speaker 1 (14:40):
Get your hopes up too high. You're not gonna and
you're not gonna shame opera ever again. But you know,
maybe you have something there, Uh, Valerie High Valerie.
Speaker 9 (14:52):
Hi Bill.
Speaker 10 (14:53):
Yes, my friend lives in an apartment in Dana Point
and she has very reasonable rents. However, it's full of
mold and she's afraid to tell her manager because she
thinks he might say, if you don't like it, move out,
or he'll fix it.
Speaker 7 (15:12):
And then raise the rent.
Speaker 10 (15:14):
Well, they're only supposed to raise the rent ten percent
a year.
Speaker 1 (15:17):
Right, That's all they can do under California law, and
Data Point does not have rent control. If she were
in LA, you'd be talking to three percent a year
with the rent control that's in LA.
Speaker 2 (15:30):
So you know what I.
Speaker 1 (15:31):
Mean, she can suck it up, but he has to mediate.
I mean he's ameliorate the amelia rates.
Speaker 2 (15:41):
That the right word, remediate, remediate the mold.
Speaker 1 (15:46):
He can't keep the mold in there because what will
happen is she could get very sick. And if he
tries to evict her based on her complaint about mold,
that is a little problematic. So you know, it's it's
her choice at this point. Yeah, depending on the landlord.
When I was a landlord. I was a good guy,
(16:07):
which is one of the reasons I'm not a landlord
anymore because I would spend the money and the tenants
basically kick the crap out of me. But you know, okay,
that's you know, and that's legally. Can she go and
force him to fix it? Yes, legally. Can she throw him?
(16:29):
Can he throw her out?
Speaker 2 (16:30):
Yes?
Speaker 1 (16:31):
So it's going to be her call. It's exactly what
you thought. It is absolutely her call. All right, let's
talk about artificial insemination. In semination. I always keep doing that.
Artificial intelligence. You know, I go back to thirty five
years of work of in the reproductive law business. So
(16:54):
AI to me, what do you think it is?
Speaker 4 (16:56):
Right?
Speaker 1 (16:57):
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 at competitive edge. I mean
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that does is help you do business better. Forecast makes
(17:23):
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Speaker 2 (17:30):
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Every program speaks to every other one because there's one
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Speaker 2 (17:52):
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Speaker 1 (17:54):
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(18:14):
NetSuite dot com slash handle.
Speaker 2 (18:17):
This is handle on the law.
Speaker 11 (18:20):
You're listening to Bill Handle on demand from KF I
am six forty.
Speaker 1 (18:27):
Welcome back Marginal legal Advice where I tell you have
no case?
Speaker 2 (18:36):
All right?
Speaker 1 (18:37):
Uh Star, Hello Star, welcome.
Speaker 6 (18:41):
Hey Bill, Yeah, uh thanks for taking my call.
Speaker 4 (18:46):
Sure I had a question.
Speaker 6 (18:48):
It's probably a real estate type attorney question. But I
have property and on one side of my property have
at easement. It's for access. They can access their property
which is behind me and the one of the owners
has really changed the usage of it. He said he
(19:12):
want to change it to his main driveways. And he
also is wanting me to cut down or cut back
trees because he's bought this fourteen foot high trailer. So
he doesn't want to scratch the top.
Speaker 2 (19:29):
Of his right, I understand. So all right, let me
ask you.
Speaker 1 (19:32):
He can easily use the main driveway, How does how
did an eastman come on your property for a secondary driveway?
Speaker 2 (19:40):
Can he not use the primary driveway to get to
his property?
Speaker 6 (19:45):
You can't get to the back of his property. He'd
have to change his property around.
Speaker 2 (19:50):
Well, okay, got it?
Speaker 1 (19:51):
So okay, that's so all right, So there really isn't
that easement is not a secondary easeman based on the
way he described it. It is the main Eastman, it's
the main entrance. So when you say he's using it
as his primary usage, does he never use the other driveway?
Speaker 2 (20:10):
Can he use the other driveway?
Speaker 6 (20:13):
He could? Yes, the other driveway is functional. He has
other cars parked there.
Speaker 2 (20:18):
Okay, all right, So all right, so what's happening now?
Speaker 6 (20:23):
So now he's just he's been parking his he's been
driving a lot more on the back. It's they're driving fast,
they're kicking up dust.
Speaker 1 (20:34):
Well they can drive okay, okay, driving more they're allowed
to do unless the Eastman says you can only drive
five times a day through there. So there you've got
no place to go as far as you know, asking
you to cut down the trees?
Speaker 2 (20:53):
No, no, no, thank you. He can argue that. But
what's he gonna do is he gonna take your court star?
Speaker 6 (21:02):
Well, he's you know, he offered to help get him trimmed.
I said, I'm not going to have a random person
do it. They're they're nice, mature trees, so they need
to be professionally trimmed, right, say that.
Speaker 4 (21:18):
I did.
Speaker 6 (21:18):
But also there's the fact that this this huge new
trailer that he's bought that I feel has changed the
access use. Well, he's got this big, oversized, huge camping
trailer that's fourteen feet high.
Speaker 2 (21:38):
Okay, we just talked about that. That's okay, that's true.
Speaker 1 (21:41):
Does he but it's his uh, it's his driveway, right,
it's exclusively for him?
Speaker 2 (21:46):
Is that correct?
Speaker 4 (21:47):
No?
Speaker 6 (21:48):
No, the easement, I own the property.
Speaker 2 (21:50):
Right now, I understand, But who uses that easement? Who
uses it to get in their house? Other than him.
Speaker 6 (21:59):
Well, my renters drive on it to get to the
house at the battle.
Speaker 2 (22:02):
Okay, all right?
Speaker 1 (22:03):
So all right, So are they not allowed to go
in because he has this huge trailer?
Speaker 2 (22:08):
Is he blocking off the Eastman at all?
Speaker 4 (22:12):
No?
Speaker 6 (22:12):
But the way that they're driving and everything. My renters
have a young toddler eighteen months and like I feel
it's unsafe for my renters, it's great.
Speaker 1 (22:24):
And you're an ex and you're an expert on safety. Star,
You've decided where is safety? What speed is safe?
Speaker 2 (22:30):
Do you think.
Speaker 6 (22:33):
Five to ten miles max?
Speaker 2 (22:34):
Five to ten miles an hour?
Speaker 1 (22:35):
So they're going fifteen and they're saying it's perfectly safe,
and you're saying, no, it's not. Well, you have to
bring an engineer in there. Someone's got to if someone
has to come in with some expertise, is the court
gonna say, of course, Star, we're gonna listen to what
you think is safe because you're the expert, Star, and
they're gonna say, we're driving perfectly safe.
Speaker 6 (22:59):
Right, You've got a problem on your hands.
Speaker 4 (23:02):
Yeah.
Speaker 1 (23:02):
And by the way, if they end up killing somebody,
that little kid, that's their problem, not yours. So all
you can do is get lots of insurance, take the
trees down if they're willing to pay with a professional arborist.
Speaker 2 (23:18):
Say, if you if you think I'm gonna have.
Speaker 1 (23:20):
Your friend who gardens as a hobby trim these trees,
you're crazy. And if you want to go, I'm willing
to do that. I'm willing to trim with a professional arborist.
And if they say no, fine, you leave the trees
where they are, let him scratch up his plate is
the r V or trailer as much as he wants,
(23:41):
and then you put him on.
Speaker 6 (23:44):
Yeah, what about maintaining the road?
Speaker 1 (23:48):
Like, whose job is that?
Speaker 2 (23:51):
Okay? Whose job is that?
Speaker 6 (23:54):
It is? Theoretically I own the property, so yeah.
Speaker 2 (23:57):
Yeah, well but there's an easement there too. Yeah.
Speaker 6 (24:00):
Yeah.
Speaker 1 (24:00):
You can tell them that your speed is causing dust
and I have to clean the dust, and you're responsible,
and you sue them for you assume them for that.
Speaker 2 (24:07):
So every month you clean up the dot. Where does
the dust go? By the way star, because.
Speaker 6 (24:12):
All over the house, the back house my house.
Speaker 1 (24:17):
Okay, wait, wait, the back house is not your problem,
nless you own the house.
Speaker 6 (24:20):
I do own that house.
Speaker 2 (24:22):
Okay. Then what you do is you let them know ye.
Speaker 1 (24:25):
What I would do is have a lawyer write a
letter at this point, because you know there's issues here, conflate,
they go over each other, Some make sense, some don't.
Speaker 4 (24:35):
See.
Speaker 1 (24:35):
You write a letter and he go and the lawyer
goes through the whole thing and says, here's the issue,
here's the issue, here's the issue. Here's the issue. You're
responsible for ABCD. You're on notice because of your speed.
You're on notice because of this, and then if something
happens it you know you're.
Speaker 2 (24:53):
Protected as much as possible. This is Handle on the Law.
Speaker 1 (24:58):
Welcome back, Handle on the law, Marginal legal advice.
Speaker 2 (25:04):
Ernest. Hello, Ernest, welcome to handle on the law.
Speaker 8 (25:07):
Hello Bill, how are you there?
Speaker 2 (25:08):
Yes, sir? What can I do for you?
Speaker 8 (25:12):
I have a situation where I was born in England
back in the fifties during the Cold War. My father
was a serving officer in the US Air Force, so
I spent the next sixty five years of my life
(25:34):
working and joy had been paying paying Social Security in
SSDI taxes. I have a Social Security card, but when
I was hospitalized recently as a result was coming down
with a fairly serious disease, I automatically got applied for Medicare,
(25:58):
and initially they gave me Part A and B, but
shortly after that, about a month after that, they said,
you're not a citizen, you're not entitled, and they pulled
all of it. So I've been paying for my own drugs.
Speaker 1 (26:13):
Yeah, okay, let me ask you, okay, started start. Are
you in California?
Speaker 8 (26:19):
Yes, I am.
Speaker 2 (26:20):
Okay. So there's medical.
Speaker 1 (26:25):
That's there and you're saying you applied for that and
you can't get it medicare.
Speaker 8 (26:31):
Col I applied for Medicare, okay.
Speaker 1 (26:35):
Medicare is a federal program, and they can say if
you're not legal, we're not going to pay.
Speaker 2 (26:41):
A matter of fact, they have said that.
Speaker 3 (26:43):
Uh.
Speaker 2 (26:43):
And the problem is, yeah.
Speaker 8 (26:46):
The problem is that unless I've got my fact froguess
you're the child of an American officer born overseas, you
are a citizen by definition.
Speaker 2 (26:56):
I don't think so. I think you were born overseas.
Speaker 1 (26:59):
Now, if you're a child of a diplomat and born overseas, well,
actually it would make you an American citizen.
Speaker 2 (27:07):
I don't even know if you can. You know, that's
a good question.
Speaker 1 (27:12):
Do you have to apply because you circainly can apply
for citizenship.
Speaker 2 (27:16):
You know what, you may be right on that.
Speaker 1 (27:18):
If if active duty serviceman and you are born overseas
of an active duty person serviceman, I think you may
be entitled to declare citizenship or you're automatically a citizen.
Speaker 2 (27:33):
Interesting question, Well, I've.
Speaker 8 (27:35):
Always believe that.
Speaker 2 (27:36):
Yeah, no, it doesn't matter. It doesn't Yeah, it doesn't matter.
Speaker 8 (27:39):
A security card, yeah, I know, I understand.
Speaker 1 (27:41):
But in those days, but in those days you could
get a Social Security card even if you weren't legal.
Many many years ago, I think you and they didn't
follow up on it and they take your money, and
they do that now where Social Security is taken out
of paycheck's illegal migrants.
Speaker 2 (27:58):
That's exactly what happens.
Speaker 1 (27:59):
They make up a Social Security Card number, they pay,
and they're gonna and they're not gonna get anything. So
the answer is, are you a legal US citizen because
your dad was a serviceman that was overseas.
Speaker 2 (28:15):
And was on active duty.
Speaker 1 (28:17):
If if that's the case, then you simply have to
appeal everything.
Speaker 2 (28:21):
And they all have appeals. Process. Medical has appeals, Medicare
has appeals, and you got to get through.
Speaker 1 (28:27):
You got to get through that because you may even
if you're an American citizen, which is god.
Speaker 2 (28:33):
I wish I knew that too. Uh, and I wish
I cared enough. You know what, Let me do this.
Let me go on Siri just to ask, because this
is fun.
Speaker 1 (28:42):
You Usually I don't care, you know, even if I'm wrong,
I don't care.
Speaker 2 (28:46):
But that one is interesting. I hate Siri.
Speaker 12 (28:48):
Yeah, if you are born overseas from an active duty serviceman,
are you an American citizen?
Speaker 2 (29:01):
Do do do?
Speaker 10 (29:03):
Uh?
Speaker 2 (29:04):
Oh?
Speaker 1 (29:05):
Wait a sec uh chillion overseas? Uh addresses it? Uh
uh all right? Uh uh yeah, I think so.
Speaker 2 (29:21):
I think so.
Speaker 4 (29:23):
I just think.
Speaker 1 (29:25):
I think you're good. I think you're good. All right,
all right, there's the answer. Uh and all right. That
was interesting because I actually, uh, this is way too
easy for or difficult for me to read on the
US for signing overseas.
Speaker 2 (29:41):
Let me see that.
Speaker 1 (29:42):
Uh one or both parents are US citizen's right active
duty visit. I must writ a physical present, require your
honorable service. Maybe physical presence? Uh oh, it says uh
uh maybe not, it doesn't. It isn't very well written.
But I told him that he is, so, you know,
I made his day, And I'm probably wrong.
Speaker 4 (30:04):
On that.
Speaker 2 (30:04):
Excellent, excellent, excellent.
Speaker 1 (30:08):
Oh okay, Pamela, Hello Pamela, Hi.
Speaker 9 (30:14):
Bill, how are you listen? I wanted to I had
a golf club that broke in half while I was
swinging it, and when it snapped, it ricocheted back and
hit me in the face and knocked out broke, actually
knocked out one of my twos. The other one crushed.
It had to be surgically removed, and cracked another one
(30:34):
on the side of my face. And I wondered if
I had any kind of recourse either with you know,
the club manufacture.
Speaker 1 (30:42):
Yeah, yeah, okay, Okay. Two things I want to bring up.
Number one, congratulations, I have doing this show for I've
been doing the show for decades, and I thought I
got every single question, or some derivative of every single
question you could ever imagine.
Speaker 2 (31:00):
You just broke them. Old, my dear, You've got me
a brand new call that I've never received.
Speaker 1 (31:06):
The answer is, yeah, I think I think there's something there.
Now is it a designed effect? It depends on how
old the club is. Let me give you some let
me give you some defenses. Okay, with the understanding, I
think there's a case there. So what is the defense, Well,
the club is so old that you shouldn't use it anymore,
(31:27):
although they're antique clubs. I don't know if that's gonna work. Two,
you hit the ball or you hit the ground in
such a way that the thing snapped. Because people snap
those things all the time when they know, when they
have a miserable game of golf, you know, they just
snap them over their knees. So the answer is, I
don't know, except this is one of those cases that
(31:50):
you absolutely talk to a personal injury lawyer. This may
be a designed efect, it can be all manner of things,
and you're damn are big enough to where a lawyer
would seriously look at it. Go to handle on the
law dot com, go to my website and you'll get
the advice you need.
Speaker 2 (32:11):
And they're very honest. I mean they're really good.
Speaker 1 (32:12):
If there's no case there, they'll tell you or they'll
say handle this on your own, or we don't do that,
or refer someone who's had experienced in this field, whatever
it is. But that's that's the website. Handle on the
law dot Com. Good luck to you, by the way.
Speaker 9 (32:27):
With no teeth, I know, so what a freaky thing.
But I know, really, I couldn't believe when it happened.
Speaker 8 (32:35):
But you know.
Speaker 9 (32:38):
I'm in northern California.
Speaker 7 (32:40):
Does that matter?
Speaker 1 (32:40):
No, it doesn't matter. You know, ninety percent of people
don't even meet their lawyers. It doesn't matter. As long
as it's California. It doesn't matter. What a weird case things.
Snaps comes back up, smash his teeth, he needs surgery.
Speaker 2 (32:55):
Wow, what a weird one.
Speaker 1 (32:57):
I eat lots of onions at Garlake and sometimes I
reek of it. I have morning breath, coffee breadth than
sometimes smelly breath for apparently no reason. Zelman's minty mouth
is my answer, probably yours. You pop two or three
capsules in your mouth, stuck on the minty coding, and
when that's gone, you swallow or bite into the capsule
and they go to work in your gut the parsley
(33:19):
seed oil where smelly breath can camp out. So Zelman's
is a double hit mouth and stomach, and no breath
mint can even touch Zelman's. Hours and hours of fresh,
clean breath that's in your future, and your family and
friends will still hate you, but they'll love your breath.
Go to zelmans dot com. Promo code KFI. Check out
their special discount. You'll have confidence, you'll get a promotion,
(33:42):
you'll find your soulmate, you'll win the lottery, all because
of your great breath. Okay, maybe not, but you will
have absolutely great breath. Go to Zelmans dot com zl
m I ns Zelmans dot com.
Speaker 2 (33:55):
Promo code KFI. This is Handle on the Law.
Speaker 11 (34:01):
You're listening to Bill Handel on demand from KFI a
M six forty
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