Newsmax vs. Dominion

Handel on the Law. Marginal Legal Advice.

Episode Transcript

Speaker 1 (00:01):
You're listening to Bill Handle on Demand from KFI AM
six forty.

Speaker 2 (00:09):
This is Handle on the Law marginal legal advice, where
I tell you have absolutely no case. Now, have you
heard of a company called Dominion Voting Systems. If you
follow the twenty twenty election where Donald Trump lost to
Joe Biden, you heard, of course, the fix was in,

(00:31):
the election was stolen. Newsmax is a news organization. Say
they call themselves the news organization, very right wing, very
conspiracy theory oriented. And what they did is they went
ahead and made false claims about the voting technology that

(00:55):
Dominion Voting Systems engaged in and said it was lent.
The votes were miscounted, the Dominion voting machines were programmed
to take votes away from Donald Trump and give them
to Joe Biden, and the whole thing was rigged. Well,
what ended up happening with Fox News. They did the

(01:16):
same thing and they settled. Dominion settled with Fox for
seven hundred and eighty seven million dollars, and that's just
before it went to trial. Well, the same thing has
happened to Newsmas and they have agreed to pay only
sixty seven million dollars to settle this one point six
billion dollar defamation lawsuit. And I'm saying that this is

(01:39):
a huge win for Newsmax. I don't understand why Dominion
accepted this. And the settlement is going to be paid
in three installments over the next two.

Speaker 3 (01:47):
Years, So I mean, what a win for Newsmax.

Speaker 2 (01:54):
In April, Judi Eric Davis rule that Newsmacks did in
fact defame because they had a saying there was no
defamation at all, First Amendment rights and all that, and
the judge said, no, no, if you are defaming someone,
that's not particularly a First Amendment right. So the judge
rule that Newsmax ran more than two dozen defamatory and

(02:15):
false statements about Dominion, and it would go forward and
a jury is to decide whether Newsmax was liable for
actual malice, which means it knew it was lying or
it should have known it was lying, that's malice, and
whether Dominion could collect punitive damages, and a trial was

(02:40):
scheduled to go on later on this year. Newsmax comes
back after settling and said it did nothing wrong. It
believed it was critically important for the American people to
hear both sides of the election disputes that arose in
twenty twenty.

Speaker 3 (02:57):
Let me tell you how the first sits first side start.

Speaker 2 (03:00):
Donald Trump said, when it was going to be close,
if I lose, this election is rigged. It started with
that statement, and then it took off from there, and
the argument was rigging, rigging without a shred of evidence.

Speaker 3 (03:14):
By the way, those conspiracy theorists.

Speaker 2 (03:17):
Were never able to come up with any evidence sixty
three different cases in front of local judges, state judges,
federal judges, appeals courts, even the Supreme Court a couple
of times that said Nope, no proof of rigging at all.
And Newsmacks went ahead and said, it's important for the

(03:39):
American people to hear both sides of the election dispute.
Let me give you an analogy here. The conspiracy theorists
went on at some point. I'm not saying Newsmax did this,
but there was a conspiracy theory that had the Democratic
Congress people led by Hillary Clinton, in a cabal under

(03:59):
a Chicago pizza parlor where they sexually abused kids under
the age of fourteen.

Speaker 3 (04:07):
That was the accusation. Of course, there was no evidence.

Speaker 2 (04:10):
Now, according to Newsmacks, both sides should be heard on
that because the American people have a right to hear
opposing views no matter what. So the network also said
that Davis ruled in ways that strongly favored the plaintiffs
and limited Newsmacks ability to defend itself.

Speaker 3 (04:34):
And of course, the actions taken against.

Speaker 2 (04:39):
Newsmas represent a direct direct attack on free speech and
a free press, because they should be allowed to defae
people and go forward with any defamation. And that's free speech.
That's like arguing fire in a crowded theater. That's respeech.

(05:01):
Now there's a limit to it, all right, Let's go
ahead and take some phone calls.

Speaker 3 (05:05):
Hey, Joanne, welcome to handle on the law.

Speaker 4 (05:09):
Thank you. I'm a question. I am moving out of
state and I call to cancel Kinser Insurance and they
told me I cannot cancel.

Speaker 3 (05:18):
And why do they hold on?

Speaker 2 (05:21):
They told you can't cancel, They give you a they
give you a reason.

Speaker 4 (05:26):
They said they would roll it over to the state
I'm going to, and I don't. They don't have Kaiser
in the state I'm going to. I was going to
get new interance when I get there, but they said
I cannot cancel. My interns A lawyer.

Speaker 3 (05:42):
No No, No, you don't need a lawyer.

Speaker 2 (05:44):
You call and you go, why can't I cancel my insurance,
particularly since I'm moving someplace where I can't get medical care.
Explain that that's it's crazy. It doesn't roll over automatical. Yeah, now,
doesn't roll over automatically.

Speaker 3 (06:01):
You call them.

Speaker 4 (06:04):
It's a lot, Okay, it's on the news. Seven or
eight hospitals are suing Kaiser and there are ways on
the news. There's all kinds of lawsuits against Kaiser.

Speaker 2 (06:13):
Well, here's of course, there are lawsuits against Kaiser. You
want to know why there are always lawsuits against Kaiser
because Kaiser has almost five million members. And do you
think out of four or five million people, you're going
to get a lawsuit or two or five or ten. So, uh,

(06:33):
I'm a member of Kaiser and I'm pretty comfortable with Kaiser.
I mean, I've been Kaiser since I've been five and uh,
you know, I mean lawsuits go against Kaiser.

Speaker 3 (06:44):
I mean they do. They have doctors that malpractice like
anybody else.

Speaker 2 (06:48):
Yes, They've got thousands and thousands of doctors. So, uh,
you know, don't be surprised that there are lawsuits filed
against Well, anytime you have five million customers. Of course
you're going to get a a lawsuit or two, or
as I said, ten, Hi, Linda, welcome to handle on
the law.

Speaker 5 (07:07):
Hi. My question is in regards to a divorce.

Speaker 6 (07:11):
I've been married, legally married for nine and a half years.
He filed for divorce.

Speaker 7 (07:17):
However, I believe that we.

Speaker 6 (07:18):
Should go all the way back, not to nineteen ninety
nine when we got together, but from two thousand and five,
where I have court document that says we have to
go to parenting beyond conflict, so he could have custody
of his kids or we could have custody of his kids.

Speaker 2 (07:34):
Okay, just one quick question. Were you living together during
that time?

Speaker 8 (07:38):
Yes?

Speaker 6 (07:39):
Yes, having different apartment leases.

Speaker 2 (07:42):
Okay, sorry, yeah, yeah, I think you pretty well established
that you guys have been together for twenty years.

Speaker 3 (07:51):
So what's your question, Linda.

Speaker 6 (07:54):
I have a fee waiver with the court and I
have to do this also myself. So my question is
do I just include a declaration showing that and exhibits
showing sure that we were together the apartment leases the
court time.

Speaker 3 (08:09):
Yeah, and what are you asking for? Are you asking
for support?

Speaker 6 (08:14):
Basically yes, because he had me quit my job so
that I could be home with two kids because daycare
is too expensive. Okay, and I did that, and now
I'm sixty and on my own.

Speaker 3 (08:24):
How much money does he make, Linda?

Speaker 6 (08:28):
You know, I'm going to guess himate because he's really
good at cash money, So probably two fifty.

Speaker 2 (08:34):
Okay, the cash money you're gonna have hard time proving,
because of course he's going to say so. But at
two hundred and fifty thousand dollars a year, you're still
talking about a good chunk of money. So have you
looked at divorce attorneys?

Speaker 6 (08:49):
No, because again I don't have a job, and I
have to do this all by myself. So I went
and I found Sea Waiver.

Speaker 2 (08:58):
Not necessarily, not just not necessarily, because there are pro
bone organizations out there that help women in these cases.

Speaker 3 (09:09):
I mean, can you do it yourself? Yes?

Speaker 2 (09:12):
Is it a little complicated, yes? Is that information available?

Speaker 3 (09:17):
Yeah? And you just have to do some research and
go through the internet and just ask the questions.

Speaker 2 (09:22):
Especially now with chat GPT, it helps enormously. AI helps
put this together very very quickly. But what I would
do is talk to an attorney if you can get it,
call these women's organization you can do that one too.

Speaker 3 (09:37):
Just search up.

Speaker 2 (09:38):
Women, poor, divorce, all of those words that you can
possibly put together. Throw those search words up and see
what you get. And I'm willing to bet that you're
going to get some legal help because there's so many
women in your position where you have no money whatsoever,
you're on your own. You have an X that is

(09:59):
out there and not helping you out. So that's where
I would go. I think I think you can do it.
This is handle on the law. This is handle on
the law.

Speaker 3 (10:11):
Marginal legal advice. Yolanda, Hi, Yolanda.

Speaker 7 (10:15):
Welcome, Hi Billah. I'll try to make this as quick
as possible. Twenty twenty one, our friend's wife died suddenly.
He cannot afford to keep his home. He has irs,
tax queens, up, kind of stuff. He wants to downside.

(10:38):
We want to get a bigger home. So we decide
that we're going to purchase his home under the appraise
the value, and he's going to purchase our home. Now
his home is bigger, but it's a deplorable condition, which
we're going to fix up whatever ours is in moving conditions.

(11:02):
So okay, So he does not qualify because of his
terrible credit. He ends up acking us to give him
a three year lease, and during that time he claims
he's going to fix up his credit, save money so
he could purchase our house. Mind you, there was never

(11:24):
a intent to purchase real estate letter signed. He didn't
want to see that.

Speaker 3 (11:31):
This was this was all verbal, all verbal.

Speaker 7 (11:35):
Now, the rent, the rent of the lease agreement doesn't
say option to buy theirs.

Speaker 3 (11:43):
Okay, but wait a second.

Speaker 2 (11:44):
Okay, So you have a lease agreement that was written,
but all of the language regarding your credit's going down
or his credit's going to be improved and then he
can buy after three years, that's all verbal.

Speaker 3 (11:56):
All you have is a lease agreement, correct, all at
his verse.

Speaker 7 (12:01):
But in the least agreement, there is one sentence that says,
if you want to buy the property, you need to
perform before the end of the lease. He did not.

Speaker 3 (12:13):
Okay, well that's easy.

Speaker 2 (12:14):
And by the way, was there a price on that
if you want to buy the property you need to perform?

Speaker 3 (12:20):
Was there a price on there?

Speaker 7 (12:23):
Well, the letter of intent to purchase that he refused
to sign, there was a price.

Speaker 3 (12:28):
Okay, So there was no So there's no price.

Speaker 2 (12:31):
That's that's indicated on any of the paperwork, correct, Just.

Speaker 7 (12:36):
On the one that he didn't sign the.

Speaker 3 (12:38):
Intent, right, then there's no Then there is no price.

Speaker 2 (12:41):
The fact that he didn't sign it means it doesn't exist.

Speaker 7 (12:45):
Right right, Okay, so I don't.

Speaker 3 (12:47):
See the issue here. I don't see the issue.

Speaker 7 (12:49):
Well, well, the issue is that after three years of
him being a horrible tenant, I had to hire an
attorney to you, okay, you're nieces up, you need to
get out right. Two days later he ends up suing
me and my husband of course, yeah, of course one

(13:10):
of the same elder abuse.

Speaker 3 (13:13):
Yeah, yeah, yeah. How old is he by.

Speaker 5 (13:16):
The way, how old is he?

Speaker 7 (13:18):
Like seventy five? But he's very confident.

Speaker 2 (13:21):
Yeah, I mean, it's not going to go any place.
It's not it's not going any places, not going.

Speaker 7 (13:27):
And not only does he want the homes that he's
at now, he wants the home that we leave, of.

Speaker 3 (13:35):
Course he does, of course he does.

Speaker 2 (13:37):
And he wants a million dollars on top of that,
an he wants your first born, and he wants your
pension plan, and he wants your kids money. Leander, Where
do you think stuff like that goes? Where do you
think that goes you.

Speaker 3 (13:51):
Need a lawyer. You're going to need a lawyer. You're
going to need a lawyer.

Speaker 2 (13:55):
Yeah, yeah, okay, and the lawyer is going to obviously
defend and.

Speaker 7 (14:00):
Then cross complaint.

Speaker 3 (14:03):
Oh well no, he's just defend.

Speaker 2 (14:05):
I mean, I don't know if there's a cross complaint there,
you're gonna go no, you know, no, Now you could
if if a lawyer is involved on his side, you
go after the lawyer for abuse abusive.

Speaker 3 (14:17):
Process, right right, And that's where the.

Speaker 2 (14:20):
Case, that's where he is libel yowanda, because the lawyer
is using the courts to abuse you, using the system
to abuse you where there is no case and the
lawyer knows there is no case that happened to me,
that happened to me where I fired some people because

(14:43):
I closed the office. I had an office in San
Francisco when I had my surrogacy business and I closed it,
just shut down the business.

Speaker 3 (14:53):
Uh. There were two sisters that work there. They sued me.

Speaker 2 (14:58):
They sued me that I he purposely closed down the
office just to fire them. A lawyer picked that up
and by the time it was said and done, it
was a lawyer who settled with me for hundreds of
thousands of dollars because it cost me a fortune to defend.

Speaker 3 (15:14):
Oh yeah, I get a lawyer. Just defend it.

Speaker 2 (15:16):
You're gonna be fine. To Landa, You'll be fine. Don't
even you know that that happens.

Speaker 3 (15:20):
All the time. Jeez, Louise.

Speaker 2 (15:23):
You know they sue for everything. You get into a
fender bender, right, and the guy has a sore neck
and he has a headache, and he does two trips
to the chiropractor and he turns around and sues you
for five million dollars. Okay, great, and there's four hundred
dollars damage to the car. All right, why not you know,

(15:44):
why not forty million dollars? Why not one hundred million dollars?
If you're gonna sue, you might as well go for
the moon.

Speaker 9 (15:53):
Hey, Carol, I want to talk to you.

Speaker 3 (15:56):
Yeah, this is he Go ahead.

Speaker 10 (15:58):
Well, it's my neighbor's tree is they're growing into my
yard and I'm eighty five years old. I don't have
the money to keep criminum uh huh.

Speaker 3 (16:07):
So what's your question?

Speaker 10 (16:10):
What can I do to get her to tree?

Speaker 3 (16:13):
Okay?

Speaker 2 (16:13):
Uh, there's not much you can do to get her
trees other than tell her. You've got to trim your trees,
and if not, you're gonna sue her for the costs
that you would expend.

Speaker 3 (16:28):
But that's small claims court.

Speaker 2 (16:30):
But you have to you have to come up with
the money to pay for small claims court.

Speaker 3 (16:35):
Unless I think there is.

Speaker 2 (16:38):
A I think you're gonna you can claim indigens inn
Is that right, that you're indigen and I think they
can wave it, although I don't know.

Speaker 3 (16:49):
I think so. But then you still have to serve
how much well much would it be?

Speaker 2 (16:54):
It would be north of one hundred dollars. Uh, And
then you have to service But hold on a minute.
I think you can claim that you're really poor, and
I think you can get away to that, but you
still have to serve her, all right. Do you have
anybody that you know that can serve her that's still alive?

Speaker 10 (17:14):
Oh yeah, but I don't mind serving her.

Speaker 2 (17:16):
You can't.

Speaker 3 (17:17):
No, you can't, No, you can't.

Speaker 5 (17:19):
I can't, no, Carol, you.

Speaker 3 (17:20):
Can't serve yourself. Okay, good, okay, excellent.

Speaker 2 (17:24):
And so you want to know how much it's going
to cost, though you have to get a tree trimmer
out there to give you a price, saying I'm going
to charge eighty dollars two hundred dollars whatever it is,
and that's what you sue for. But first you tell them,
and you have to put it in writing, Carol, they
have to trim their trees because their tree is and

(17:45):
now on your property and it's causing all kinds of damage.

Speaker 3 (17:48):
Even if it isn't, they don't have right.

Speaker 2 (17:50):
To put your have their tree or their bushes or
whatever on your property.

Speaker 3 (17:54):
So that's what you do. You get a bid.

Speaker 2 (17:56):
All right, there you go eighty five. And the first
part of it was actually really really fun. This is
Handle on the Law.

Speaker 1 (18:07):
You're listening to Bill Handle on Demand from KFI AM
six forty.

Speaker 3 (18:13):
All right, Welcome back.

Speaker 2 (18:16):
On the Law, Marginal Leagal Advice, Sam, Hello, Sam, welcome.

Speaker 3 (18:23):
Hello, Yeah, go ahead, Sam.

Speaker 8 (18:28):
I got a cup of hot tea from one of
the little coffee stands. It's not Starbucks, but it's like that.
And I drove about a half a block away and
the darn thing spilled in my lap, giving me second
and third degree burns and I had to be I

(18:51):
had to be helicopter to UC Davis Burn Center and
where I spent a month.

Speaker 2 (18:57):
Wow, Okay, so you damages. Your damages are insane, all right,
you don't even go beyond that. I mean, you were really,
really injured. So we're already past that point. So now
we have to talk about liability because you need both.
You need serious injury to really score, and not that

(19:18):
you did. I'm not gonna argue you scored by getting
second and third degree burns. Now, the issue is you're
half a mile away, You're in your car, and so
there you are with your cup, and where was the
cup and were you holding its?

Speaker 8 (19:36):
Yeah, here's here's the deal on the cup. Apparently they
didn't have any of those cardboard holder things, so they
they double cupped it. And when I went to grab
it out of the cup holder, the lid flew off
and the whole thing spilled in my lap.

Speaker 3 (19:57):
Uh yeah, you know. Uh yeah, that's gonna be a
tough one. That's gonna be a tough one.

Speaker 2 (20:02):
Double cupping, yet, is actually better than those cup holders.

Speaker 3 (20:07):
That's what I do.

Speaker 2 (20:08):
I double cup my coffee cups when I'm at in
the studio, for example, or I'm going to one of
those coffee places.

Speaker 3 (20:15):
You know, I don't want to see him.

Speaker 8 (20:16):
I don't think they have the lid on all the way.

Speaker 3 (20:19):
Well that may be.

Speaker 2 (20:20):
That may be the case, but do you have any
responsibility to make sure the lid is on with a
hot cup of coffee?

Speaker 3 (20:28):
That's what I would argue if I were them, saying.

Speaker 2 (20:31):
Hey, you know what, a reasonable person would check to
see if the lid was on, and what Tom?

Speaker 3 (20:40):
Excuse me?

Speaker 2 (20:40):
What Sam did was not reasonable. He didn't check with
a hot cup of coffee.

Speaker 3 (20:46):
So is there Uh? Is there injury? Well, there's enough
that a lawyer. You certainly have to have a lawyer
look at it.

Speaker 2 (20:54):
I mean, I'm telling you if they can hang with
the kind of injuries that you have. So you smoke,
so let's it for second and third degree burns. You
were airlifted to the burn center. Uh so what kind
of permanent injury do you have? That's enough to really
get going? But uh do you where? Did you spill
it in your lap?

Speaker 8 (21:14):
Yep?

Speaker 3 (21:15):
Oh my god? Does your sponse? Does your schwans even
work anymore?

Speaker 8 (21:20):
Uh? It got burned as well?

Speaker 3 (21:22):
Wow?

Speaker 2 (21:23):
Okay, now we're talking some serious stuff because uh, this
is uh the doctrine. It is a legal doctrine called
the burnt Swans doctrine and.

Speaker 3 (21:35):
It Yeah, yeah, that works. That works. So here's what
I want you to do.

Speaker 2 (21:39):
I mean, like instantly, is go to a lawyer, because
it's big enough where a lawyer will certainly look at it.
I'm gonna suggest you go to the website handle on
the law dot com and you'll talk to a personal
injury lawyer. And these guys are very good and they'll
tell you if you have a case or but even
if you have a small case.

Speaker 3 (21:59):
Let's say, because we have comparative.

Speaker 2 (22:01):
Negligence in California, which means, let's say your injury is
worth a million and a half dollars, which, by the way,
I may be low on that compared to what happened
to you.

Speaker 3 (22:13):
And let's say you're ninety.

Speaker 2 (22:16):
Percent responsible because you didn't act appropriately, and they're ten
percent responsible because they didn't put the lid on appropriately.
You're still going to get ten percent. Let's say a
million and a half, So that's one hundred and fifty
thousand dollars. Now, the point is that they're going to
make is you took the lid off, We had nothing

(22:38):
to do with it, we put it down, we did
it appropriately. So it's you need a lawyer on this one.
You really need a lawyer. I mean, this is big
enough where and there's a lot of moving pieces here, Sam,
go to the website, go to handle what about what do.

Speaker 8 (22:54):
They any Do they have any liability with the temperature?

Speaker 3 (22:58):
Yeah, that's another one, Yes, yes they do.

Speaker 2 (23:01):
McDonald's got nailed on that one, I mean nailed.

Speaker 3 (23:06):
And why because there we are ready for this.

Speaker 2 (23:10):
Uh there were been burn victims and during the lawsuit
against McDonald's there were internal memos saying.

Speaker 3 (23:21):
That people ask for very, very hot coffee.

Speaker 2 (23:25):
We know those can cause damage, but we are well,
we should suck it up. And uh because the the
unhappy customers, I think it's McDonald's, I'm not, I'm wrong,
So I apologize McDonald's. Uh that the internal documents basically
said it'll cost us less in terms of paying off

(23:49):
any injuries than customers being unhappy with the coffee.

Speaker 3 (23:55):
And and the big one is uh, uh, the big case.

Speaker 2 (24:00):
I'm trying to remember the name where it was a
coffee cup and I don't remember which company it was,
but the lady was holding a coffee cup and maybe
that was the memo and the bottom of the coffee
cup just unraveled. In other words, the cup fell apart
and she was burned second, second and third degree burned

(24:24):
just like you. And there was a I think two
point three million dollar award on that because she got
nailed pretty badly. Yeah, so you know, I'm sorry about
the Schwan's part. You know, is it it's burned? Is
it like all wrinkled and everything because of the burn.

Speaker 8 (24:42):
I had to have skin grass, yeah, through.

Speaker 2 (24:46):
My oh yeah, well yeah, and they had to find
someone with an extraordinary big ones.

Speaker 3 (24:52):
You can get a lot of skin. Okay.

Speaker 2 (24:55):
Anyway, go to the website, you know, talk to one
of the lawyers. You definitely need to do that. All right,
this is one As I talk about these cases, you
noticed as he started talking about how badly injured he was,
I stopped him cold, and I said, okay, you can
stop right there. Because if a lawyer can literally hang

(25:17):
his hat on one nail on this one in terms
of liability, they'll do it because the money is big
enough when you have this level of injury.

Speaker 3 (25:30):
The Berne Shawn's doctrine very very strong.

Speaker 2 (25:35):
Sarah hi, Zarah, welcome, Oh Sarah.

Speaker 11 (25:43):
Hi hi hi, Yes, Sarah, I have I have a
small business in downtown Los Angeles, and I got a
letter from an attorney office representing Crocs that we were
selling in French products with him. Okay, and I don't
know have to respond to that. We're about to close
the business.

Speaker 3 (26:03):
We're like growth if you're closing the business that it
doesn't matter. If you're closing the business.

Speaker 2 (26:08):
You don't even respond other than saying we're closing the business.

Speaker 3 (26:11):
That's all you have to worry about.

Speaker 10 (26:12):
Okay.

Speaker 3 (26:12):
So after that.

Speaker 11 (26:15):
The letter, Yeah, I wrote a letter that I took
the products out and I'm closing the business.

Speaker 3 (26:20):
Okay, that's all you have to do. That's all you
have to They're not going to come after you, Sarah.
They're not going to come after you. Don't worry about it.

Speaker 5 (26:27):
No, okay, Yeah, you're.

Speaker 11 (26:28):
Fine as to like tell them where I bought them.

Speaker 2 (26:33):
No, you tell them, no, No, they're not going to
go after you. It's just it's not worth the hassle
because whoever owns that the business that's telling you that
you've infringed, they're they're not going to hire a lawyer
to go after a small business person that's no longer
in business. So yeah, that's I wouldn't even begin to

(26:54):
worry about that, Okay, liz.

Speaker 3 (26:58):
Hi, Liz.

Speaker 10 (27:01):
Hi, I'm one of ten investors on a property that
we took over and foreclosure back in oh I think
it was twenty twenty and we formed an LLC in
twenty twenty one. One of Okay, the managing partner, managing
member of the LLC is also an investor. My question

(27:25):
for you today is it's twenty twenty five. The house still.

Speaker 4 (27:29):
Is not done with the remodel.

Speaker 10 (27:31):
It's been this ongoing where here just getting fed all
this information, but through the paperwork of the LLC. As
the managing member, at the end of every year, he
is supposed to have given us a financial report and
we have never received that. I have asked him, and

(27:52):
he says, I don't have time.

Speaker 8 (27:54):
What's the course on that?

Speaker 2 (27:56):
Well why don't you ask him if he has time
to answer a lawsuit?

Speaker 8 (28:00):
Well, okay, quest Yeah, I think.

Speaker 3 (28:05):
So, And you can say you contacted an attorney.

Speaker 2 (28:08):
Don't mention my name because they okay, yeah, I never
mentioned my name, and who said that you are in
the wrong and you are liable for a lawsuit? And
you just tell him straight out and then you get
a lawyer letter if you have to from a lawyer. Yeah,
and since you've got ten of you, you're splitting up

(28:29):
the cost. So even if the lawyer, let's say seven
hundred dollars an hour, which is not on your six
hundred dollars an hour, it costs you sixty bucks an hour,
and you're in the same boat. So that's what I'm
going to suggest you do. In any business, leader works
the guy. Yeah, the guys in breach. Clearly I don't
have time to give you financials. Well, he'll have time
to answer a complaint. Hire a lawyer, he will, he will.

(28:52):
This is handle on the law. Welcome back, handle on
the law. They'll handle here. Marginal legal advice.

Speaker 3 (29:00):
Hey John, welcome to handle on the law.

Speaker 9 (29:04):
Hello Bill, I have three separate issues up. Try to
wrap it up into one small package.

Speaker 8 (29:09):
Here.

Speaker 9 (29:11):
I live in a building with sixty two condos. Seventeen
of us paid forty seven hundred dollars for a special assessment.
This is the third time in five years we've had to.

Speaker 5 (29:21):
Do something like this.

Speaker 9 (29:23):
So the association came down, workers started for about a
week and they pulled out. This was eighteen months to
two years ago. Left equipment would paneling boarded up to
holes between floors. There's one outside of my condo. There's
a hole in the floor in the main walkway. The
short of it is, I tripped on it several weeks ago.

(29:45):
I was going to work at two o'clock in the
morning and I grabbed onto the railing. I face planted
myself onto this steel ray all right, and.

Speaker 3 (29:52):
You were okay, got it.

Speaker 2 (29:53):
You were injured, and you did some pretty good injury yourself.
I'm assuming right, ye did okay?

Speaker 3 (30:00):
Are you there?

Speaker 5 (30:01):
So?

Speaker 3 (30:02):
Yes, go ahead.

Speaker 9 (30:03):
Now I did some unofficial Yeah, I know an attorney
at my company. I happen to work for the largest
casino in the state, and he came down unofficially, of course,
looked at the place and brought an engineer with him
just as a paper for me. And the engineer said
the place should be demolished. And this had actually come
up at previous meetings of buying us out, and they
said they couldn't do it because everybody has the sign

(30:25):
on board.

Speaker 3 (30:27):
Who was going to buy you out? Who's going to
buy you out?

Speaker 9 (30:30):
Well, they were talking about hypothetically a separate company come
in like a Marriott or a or a condo association
and just buying the building level and starting over.

Speaker 5 (30:41):
Has building is built back in the seventies, so you
can go high.

Speaker 2 (30:45):
I got it, now you got Yeah, you got a
bunch of interesting issues.

Speaker 3 (30:48):
Is there another issue you want to talk about?

Speaker 5 (30:52):
One small one?

Speaker 9 (30:54):
They normally, according to the CCNL, is they have to
hold the meeting on property. This is the first time
in the history of it they haven't. And when I
got in there, I ran the meeting. Basically they told
me they would not hold a meeting on property because
of asbestos and mold issues in the clubhouse. That's funny
because we had an independent contractor come in and say
it was safe.

Speaker 3 (31:13):
All right, So let me.

Speaker 2 (31:15):
I got a couple of questions they asked you, okay,
starting with why only seventeen out of sixty people paid
the assessment.

Speaker 5 (31:24):
The rest opted to do it month by month?

Speaker 2 (31:26):
Oh, okay, got it. So everybody is paid. I mean,
so no one is delinquented. This is month by month. Okay.
Interesting situation that Do you have a lawsuit against the
HOA yes, based on the injury part. And as far
as people signing off or not signing off on let's
say a potential purpose purchase. I got to tell you

(31:47):
if they condemned the building, no one's living there. When
he said, when that engineer said this building ought to
be demolished. If the city comes out and says that
you're all moving out.

Speaker 5 (32:00):
That's what we're trying to do. We want to know
how to go about that.

Speaker 2 (32:03):
You get the city build I'll tell you what you
get building in safety to come out and condemn the building, Okay,
And that puts you in a.

Speaker 3 (32:12):
Whole different position.

Speaker 2 (32:13):
Then people can say no all they want and that
doesn't matter.

Speaker 3 (32:17):
The city you will commit basically remove.

Speaker 5 (32:19):
Them and not having a meeting on the property.

Speaker 3 (32:23):
That doesn't matter. Yeah that's yeah, that that's crap. That
doesn't mean.

Speaker 9 (32:26):
I mean, that's they drag a whole bunch of old
people down the Carl's Bad thinking they're not going to go.

Speaker 2 (32:31):
Yeah, that's that's still small potatoes. Now the big issue
is the uh is the potential demolition and certainly the
red red carting of the of the of the building.

Speaker 5 (32:48):
Red tag they've got holding up.

Speaker 3 (32:51):
Uh yeah, now yeah that building. All you need is
building is safety, I do or red tag this thing
like crazy.

Speaker 2 (32:56):
Uh, that's where you want to go, don't don't do
your inning and yourself.

Speaker 3 (32:59):
Just hand it over them.

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(33:23):
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you've been listening to the Bill Handle Show. Catch My

(34:06):
Show Monday through Friday, six am to nine am, and
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