Episode Transcript
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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.
Speaker 3 (00:17):
California is the absolute winner in the rights of workers.
The federal minimum wage is seven dollars and twenty five
cents an hour, and it hasn't changed in fifty years,
thirty five years, whatever they number of years it is.
And there are plenty of states, plenty of places where
(00:39):
seven to twenty five minimum wage is still in place. Now,
how anybody lives on seven dollars and twenty five cents
an hours beyond my comprehension. But I guess if you
go to Appalachia, you go to certain places in Tennessee,
in Arkansas where you pay your lawyers with sides of bacon.
I don't know, but I guess it works for some people.
(01:03):
Now California is very different. California minimum wage is in
the eighteen dollars an hour range, and it's going to
go up. The Olympics are coming to Los Angeles and
there was a big is a big move to get
the minimum wage for hotel workers and those that work
(01:26):
at LA Airport and make those wages much higher.
Speaker 2 (01:30):
And so what LA.
Speaker 3 (01:32):
Did is create a thirty dollars an hour hotel minimum wage.
And as you can imagine, there are plenty of well
organizations like hotels, other businesses, Chamber of Commerce saying wait
a minute, thirty dollars an hour for a minimum wage.
(01:54):
That's how do we make money on that? Now, I'm
in favor of enough.
Speaker 2 (01:59):
Money minimum so you can eat. And maybe it is
thirty dollars an hour. I don't know the answer to that.
Speaker 3 (02:06):
But at thirty dollars an hour, the way our system
is now devised, it's going to be very difficult for
businesses to deal with this. So the law says thirty
dollars an hour right now for hotel workers. And as
you can imagine, there is a group of businesses, including
(02:27):
the Chamber of Commerce, that says we've got to stop this.
And so the LA Alliance for Tourisms, Jobs and Progress
I had been hoping to persuade voters to repeal the
wage ordinance.
Speaker 2 (02:41):
That was approved by the city council.
Speaker 3 (02:44):
It's a referendum and it needed ninety three thousand signatures
to qualify for the ballot. Ninety three thousand signatures to
then qualify to put people allowing people to vote in
the November election.
Speaker 2 (02:59):
It couldn't even get ninety three thousand people. They just couldn't.
Speaker 3 (03:03):
Clearly, for those of those of us who live in
southern California, we are pro employee big time.
Speaker 2 (03:13):
And there's no surprise here.
Speaker 3 (03:17):
The city council is very liberal, The city is very liberal.
The politics of Southern California and California in general is
very liberal. The Democrats have a super majority in the
state legislature, so they can do anything at wants. It
has a governor who is a liberal Democrat, they can
do anything they want. And so now you have the
(03:40):
citizens of the Los Angeles saying we want the thirty
dollars hotel minimum wage, and too bad. If you make money,
you don't make money. Their position is you're going to
make money no matter what. Well, the Alliance says, no,
we're not. The tourism industry says no, we're not. The
(04:05):
hotel industry says no we're not. Doesn't seem to matter.
So it's off the ballot. Let's take some phone calls. Hi,
Mary welcome to handle on whether you are Mary welcome
to handle on the law.
Speaker 2 (04:21):
What can I do for you.
Speaker 4 (04:23):
Hi, I would like to know if there is a
time limit to claim a life insurance.
Speaker 5 (04:27):
Uh.
Speaker 2 (04:28):
No, not that I know of.
Speaker 3 (04:29):
You can claim life insurance, I mean there is. I
don't no, statutorially there is a time limit. Maybe there is,
but yeah, not really. How long ago did your person die?
Speaker 4 (04:42):
The person died approximately four years ago, and I just
found out that he may have a life life insurance
I was sponsored by the employer, but he was paying
a percentage toward that home.
Speaker 3 (04:53):
Okay, do you happen to know which life insurance company
is involved?
Speaker 4 (04:59):
I think get see, I'm nine hundred percent.
Speaker 2 (05:04):
Yeah. Do you have any paperwork?
Speaker 4 (05:06):
No, I don't have anything. I just I just realized
that through payroll deduction they were OK. But that's what
I'm trying to figure out, you know, because I'm very nervous.
I had some personal illness too, That's what I didn't
have a chance to.
Speaker 2 (05:22):
Yeah, all right, that's fine situation.
Speaker 3 (05:24):
But you're nervous about not enough time to file the claim,
all right? It depends on the policy. There may be
If there is a time limit on the policy, you
must file a claim within X number of years. I mean,
they're certainly going to give you at least a year
or two years. It's not gonna be Yeah, I mean there,
(05:44):
I mean there may be. You have to look at
the policy. Now your argument is I didn't even know
there was a policy, and so does that work?
Speaker 2 (05:53):
Does it not work? You don't need a copy of it.
Speaker 3 (05:55):
And if you know who he worked for, then you
call the HR department of that company. And if they deducted,
it has to be a pretty big company. The first
thing is you got to get hold of the policy
and figure out if your name is on it. Uh?
Speaker 2 (06:10):
Is it a cousin that left the policy? No?
Speaker 6 (06:15):
I mean who is it?
Speaker 4 (06:17):
We were not having a good a good communication?
Speaker 2 (06:21):
Is what is your relationship with the policy holder?
Speaker 4 (06:26):
He was my husband?
Speaker 7 (06:27):
Ah?
Speaker 2 (06:27):
Okay, got it? Got it? Okay?
Speaker 3 (06:29):
Were you named.
Speaker 4 (06:30):
As having open relationships? Okay, in regard to that term.
Speaker 2 (06:34):
Really he was stopping around?
Speaker 3 (06:35):
Huh wow, Okay, we're both of you stopping around, just him.
Speaker 4 (06:45):
I'd rather than discuss about that, Okay.
Speaker 2 (06:47):
That means yes, all right, thank you.
Speaker 3 (06:49):
Just curious, not that it has any you know, any
issue with the legality of it.
Speaker 2 (06:55):
You can you know, ship around as.
Speaker 4 (06:56):
Much as you are, There any any any anything and
generally a life insurance. Do they have a time limit
or something.
Speaker 3 (07:03):
I just told you it depends. It depends on the
policy that you have to file.
Speaker 4 (07:08):
Your company has different policies, That is correct.
Speaker 3 (07:11):
That's why you have to find out which company it was.
Then I'm going back to the original question that I had.
How big a company did he work for?
Speaker 4 (07:22):
Well, he worked for a different company for the bank,
and so.
Speaker 2 (07:24):
Okay, then okay? Then who all? Right?
Speaker 3 (07:26):
Which company then put in the money that was deducted
from his pay all of them?
Speaker 2 (07:32):
One of them, two of them.
Speaker 4 (07:34):
The problem is that he he used to work for
croked bank, and crooked ban was brought out by words
far it.
Speaker 2 (07:40):
Doesn't matter, It doesn't matter. Do you happen to know?
Speaker 3 (07:44):
You said that the money was deducted from his paycheck
to buy a policy.
Speaker 4 (07:50):
Now I just remember that it was done like that way.
But I have to begin into some own paper work,
if that's correct.
Speaker 3 (07:57):
That's correct. You have to get an old paper working
to find the policy. You have to find out if
the deduction still occurred on life insurance. You have to
find out whether he canceled it or not. Where he
said You know what, I don't want to do this anymore,
and he cancels it. You have homework to do, is
what you have? Yeah, you know, there's no way I
can answer the question. You've got a lot of homework
(08:18):
to do. Hopefully he was guilty because you should up
and a round on you and you weren't.
Speaker 2 (08:23):
Not that you're going to admit it, but you did
admit it by not admitting it.
Speaker 3 (08:26):
And it is that he felt guilty enough to leave
a healthy life insurance policy and you're the beneficiary. But
you've got to find that out. This is handle on
the law. This is handle on the law. Marginal legal advice. Barbara, Hello, Barbara.
Speaker 8 (08:46):
Oh hi Bill, Oh yeah, thank you for answering. Yeah, okay,
after four years with my did he tell you anything
that No?
Speaker 2 (08:54):
No, no, no, go ahead, you tell me.
Speaker 7 (08:57):
Okay.
Speaker 8 (08:58):
After for four years with my Beverly Hills doctor, he
said to me, I'm out of your insurance network and
can't treat you anymore unless you pay out of pocket.
Well I found out that wasn't true, and I got
an insurance card with his name on it, the Beverly
Hills doctor with his name on it, and he had
his nurse call me and tell me that he still
(09:21):
refuses to fill my meds or to see me. Okay,
and your question, I wondered. Oh, so he told me
to go to the doctor on the.
Speaker 9 (09:31):
Card, and I did.
Speaker 8 (09:33):
I did what he told me, But then I had
it reversed and had his name put on the card
because the doctor that he was on the card was
way out. And oh god, wait, okay, it doesn't matter.
Speaker 2 (09:44):
It doesn't matter. But let me ask you, what do
you mean you had it reversed.
Speaker 3 (09:48):
Okay, you have another doctor's name on the card, not
this doctor, because he's not network, and you had the
name reversed and put his name on again.
Speaker 2 (09:58):
I'm a little confused.
Speaker 8 (10:00):
No, he was in my network even though Okay, don't understand.
Speaker 2 (10:04):
Okay, I got it all right.
Speaker 3 (10:06):
So he's saying he's not in your network, so that
reverse business doesn't matter. So he is saying, at first,
because you're not in my network, you got to pay yourself.
He now finds out or you find out that he
is in the network, and you show him I am
in your network, and he.
Speaker 2 (10:19):
Will not treat you. Correct. Yes, okay, and what's that question? Okay,
what's your question?
Speaker 8 (10:26):
Well, I've been you know, I'm eighty one and I've
been trying to find another doctor. I went out the
way out, but whatever, they won't fill my meds?
Speaker 2 (10:36):
Who thereto? Well wait, wait does that say? Hang on
a minute, how do.
Speaker 3 (10:45):
You have a doctor who you're a patient of and
won't fill your meds?
Speaker 2 (10:49):
You're on Medicare and uh doctors? So you can't find
one doctor.
Speaker 3 (10:57):
That does not accept Medicare that's willing to treat you.
And by the way, when you and when you're on Medicare,
it's not in or out of network, it's do they
accept Medicare.
Speaker 2 (11:06):
Or they don't accept Medicare.
Speaker 3 (11:08):
And there's certain doctors that just say I don't accept
Medicare and they're just saying that's not me, which they're
allowed to do. So I let me start with he
has every right not to treat you, Barbara.
Speaker 2 (11:19):
Every right he.
Speaker 3 (11:20):
Can say, you know what, I'm done, I don't want
to treat you anymore.
Speaker 2 (11:24):
And you said, yeah, no, what are you gonna do?
Speaker 3 (11:26):
You get a court order where a judge is gonna
say to the doctor treat Barbara. Why would you ever
want to go to a doctor that doesn't want to
treat you?
Speaker 7 (11:38):
Right?
Speaker 2 (11:39):
Well, well good, you're gonna.
Speaker 3 (11:42):
Get You're gonna get meds from any doctor unless he
all you meds that are way over the top.
Speaker 8 (11:50):
They won't fill one med it's called Beenterman.
Speaker 2 (11:53):
Okay, okay, who is they? Who is They won't fill it?
Speaker 8 (11:59):
The doctor that he tells need to go to you
on my card?
Speaker 2 (12:01):
Okay, so you won't fill it.
Speaker 3 (12:03):
So go to another doctor that will Philly get on
the phone and go look at doctors and say, hey,
this is my issue I was with this doctor.
Speaker 2 (12:12):
Suggest that I go to you or I'm looking at you.
Speaker 3 (12:15):
I have been on venturemin or whatever the hell the
name of it is for years and years. Will that
doctor prescribe that to me?
Speaker 2 (12:21):
Nope? Then you go to the next doctor. Yeah, you
got to do it all. Yeah, it's on you, Barbara.
Speaker 8 (12:27):
Well yeah, but lots of times they won't come to
the phone, and so give the message to the yeah.
Speaker 2 (12:33):
That yeah, don't know.
Speaker 3 (12:34):
They'll ask, they'll ask and the the gallon front, whoever
is the nurse, whoever.
Speaker 2 (12:38):
Answers the phone. You'll get the answer. You'll get the answer.
Speaker 3 (12:41):
If they don't know, they'll look at it and say,
does you know talk to the nurse or talk to
the doctor do you prescribe this medication?
Speaker 2 (12:49):
And if they come.
Speaker 3 (12:50):
Back and says, okay, yeah, that's what you do, it's easy.
Speaker 2 (12:58):
Jerry, Hi, Jerry, welcome to handle on the law.
Speaker 10 (13:01):
Yes, hey, Bill, Yeah, I want to know if I
might have a case for misrepresentation against a major auto
manufacturer for knowingly having defective parts of the vehicle and
then subsequently charging the customers.
Speaker 3 (13:16):
Well that sounds yeah, that sounds like a class action
suit if nothing else. But you know, knowingly installing faulty parts. Okay,
that's first. How do you prove they knew about it?
Do you have internal you have internal emails? Do you
have emails?
Speaker 10 (13:32):
But there's a yeah, there is, there's a there's a
there's a technical service bulletin where they send out and
saying that they know that this fault is defective. They've
also modified their their warranties at certain times. Actually they
actually raised the warranty out to one hundred thousand miles
of ten years.
Speaker 3 (13:48):
Okay, so yeah, it sounds this sounds like a class
action suit because if you're going to sign file individually,
how have you been damaged? How much money are you out?
Speaker 10 (13:57):
I'm out?
Speaker 6 (13:57):
Thirty dollars.
Speaker 10 (13:58):
Okay, I was thinking about going to small claims, but
here's yeah, but I would I would name corporation dealer.
Speaker 3 (14:05):
Oh, Jerry, let me tell you what happens when you
file against dealers and small companies like Toyota.
Speaker 2 (14:12):
Uh what the first thing they do.
Speaker 3 (14:15):
The first thing they do when they get file when
a suit against them is they kick it up to
superior court.
Speaker 2 (14:22):
And they're allowed to do that. You can make a
motion to kick it up.
Speaker 3 (14:26):
Now you think they're going to admit there's any liability
assuming they're wrong?
Speaker 10 (14:32):
Can they do that from small claims? Kick it from
small claims the superior court?
Speaker 2 (14:36):
Yes they can? What Yeah? How about that?
Speaker 3 (14:39):
And now you're dealing Now you're dealing with two hundred
lawyers that Toyota is bringing in the table.
Speaker 10 (14:45):
Yeah, I think that the lawyers could could come to
the table because it's filed in small plane.
Speaker 3 (14:50):
No, because they can make a motion to kick it
up to superior court. They can't normally lawyers can't. But
there you're allowed to bring it up superior court. So
go ahead and suit Yoda for faulty parts and you
get to find out what you deal with.
Speaker 2 (15:06):
Dwayne Hi Dwayne.
Speaker 5 (15:09):
I don't I have a question on a wall between
two residential properties that the big win the week could
go blue down onto my neighbor's property. The property is
represented by a representative because the owners in China, I
asked them to turn in on the homeowners insurance. We're
telling their property. They don't want to. What do I
need to do?
Speaker 2 (15:30):
You tell them sue me.
Speaker 5 (15:32):
The representatives already threatened to take me to court.
Speaker 2 (15:36):
Okay, that's exactly what they're gonna have to do. They're
gonna sue you, and you are going.
Speaker 3 (15:41):
And your defense is these winds are so strong, they
were one hundred mile an hour winds, and there's no
way to build a fence. Is it a wooden fence?
Speaker 5 (15:52):
There was a block wall that being said, they didn't
use Rebard.
Speaker 3 (15:55):
Ah, okay, that now you have a defective wall because
how old is the wall?
Speaker 2 (16:01):
Dwayne, I don't know.
Speaker 5 (16:03):
I've owned it for fifty years and it had to
be a previous owner.
Speaker 3 (16:06):
Oh yeah, yeah, so your grant, So your argument is
your grandfathered in and one hundred mile an hour wins
going to be an interesting suit. Let me tell you
it's going to be an interesting lawsuit because matter doesn't
matter what.
Speaker 5 (16:21):
Who's property the wall actually fell on.
Speaker 2 (16:23):
Yeah, it does.
Speaker 3 (16:24):
It matters because the person who's damaged is the property
owner whose wall fell on. I mean, you're not damaged
other than the wall itself. And you call your insurance
company and you get that fixed. So have you called
your insurance company yet, Dwayne.
Speaker 5 (16:41):
That's what I was gonna issue because I turn it
on there.
Speaker 3 (16:44):
Yeah, you call it. Well, it doesn't matter. It doesn't matter.
You call your insurance company and let them deal with
the owners and the other insurance company. One of the things,
one of the things you pay for when you buy
insurance is number one, they have to defend you. Do
you know that you bought yourself legal representation on top
of liability and you can say you take it from here,
(17:05):
it's not my issue, or you pay me. I don't care.
I'll take it under my homeowners policy. So that's an
easy one. This is Handle on the Law.
Speaker 1 (17:16):
You're listening to Bill Handle on Demand from KFI AM
six forty.
Speaker 3 (17:23):
Welcome back, and it's Handle on the Law. Marginal Legal Advice.
Speaker 2 (17:29):
Cynthia. Hi, Cynthia, Hey, Bill.
Speaker 11 (17:33):
I'm so glad I bought a condo and Leisure World
in Seal Beach in twenty twenty three. I'm seventy two
years old now, and during COVID, the boutique I was managing,
you know, everybody went under.
Speaker 12 (17:48):
I got behind.
Speaker 11 (17:49):
I was dealing with them, they were, you know, okay,
and then all of a sudden, I get a letter
from the attorney. I'm sure you know about ha there
A lot of them are just, I don't know, mean spirited,
and I got an eviction notice. I guess I did
(18:10):
not understand a co op fully. And bottom line is,
and I'll give you more details if you want them,
but I was begging them, please don't make me homeless.
Now at seventy two years old, I've been paying you,
and I've offered to pay you all the bat dues
X offered to do it as our oldest son was
(18:32):
suffering from cancer passed away. Now anyway, they put the
place on the market last Sunday, you know for four fifteen.
I paid almost two And can they just.
Speaker 9 (18:46):
Take over my place like that?
Speaker 5 (18:47):
Do I get?
Speaker 3 (18:48):
Yeah? And just kind of yeah that first of all,
it's it's a co op and it's not an hoa,
which I find kind of interesting.
Speaker 2 (18:59):
It is a co op, is what you're saying that
usually you don't have a calls.
Speaker 3 (19:04):
Yeah, no, no, no, no, it's not a question of
what they call it. The difference between a co op
and an hoa are two different legal concepts. I mean
there is a legal difference. There is a definition of
each one. And when I think of co ops, I
think of New York and those apartment buildings where it
is a co op. None of those are hoas. So
(19:27):
that's for starters, which I don't understand that. There is
also a law that was just passed in California that
says that a homeowner in an hoa can only be
held to one hundred dollars fine, and our late payments
part of that one hundred dollars fine.
Speaker 2 (19:49):
I don't know.
Speaker 3 (19:50):
But what you have to do is you have to
get an hoa attorney to jump right in it.
Speaker 2 (19:54):
You have no choice.
Speaker 11 (19:56):
And oh, I know, but I can't seem to sign one.
Speaker 2 (20:00):
Oh, there are plenty.
Speaker 7 (20:01):
No, I don't give.
Speaker 3 (20:03):
I don't give referrals if I don't know them personally.
If I don't, Yeah, So I just don't do that
because if someone screws up, then you come back to me.
Now my referral ser you know, well, a handle on
the law dot com is different because I know these attorneys.
I set up a handle on the law doctor right so,
and they don't do ho A law. There are lawyers
(20:26):
who do cynthia.
Speaker 2 (20:28):
And you look.
Speaker 3 (20:28):
Just go to go on the on the on the
net and here are the search words attorney, h o
A co Op and you'll see things. You'll see attorneys
pop up because there are right it is. It is
a sub specialty, uh that in fact not only is recognized,
it has become big because there are so many h
(20:51):
oa's out there. I mean tens of thousands in California,
and uh there is plenty of litigation against h o
a's and h oo a's against members. So you'll be fine, God,
you'll be okay, especially if you're paying them off.
Speaker 11 (21:09):
The problem is built when I call those places back,
like in January and explained, they just said, oh, I
don't really deal with for some reason, they're that place
has a lot of clout. Even the sheriff told me, you.
Speaker 2 (21:24):
Know, no, no they don't know.
Speaker 3 (21:26):
They don't have clout against attorneys who represent HOA members. No,
they don't have cloud what do you think they pay
them off? You know what?
Speaker 11 (21:35):
No, no, no, no, no no. I didn't mean with
the attorneys. I meant with the sheriff, like you know,
I tried to get to get all my belongings were Okay.
Speaker 3 (21:45):
You need an attorney, Get an attorney. Just get an attorney. Yes,
I know, and they'll take care.
Speaker 2 (21:51):
And they'll take care of that.
Speaker 3 (21:52):
Look one up, and I just told you the search
words to use.
Speaker 2 (21:56):
Sue, Hello, sue, welcome. Yeah, yes, yes, ma'am.
Speaker 9 (22:03):
My brother passed away a couple of years ago, and
he left from savings bonds, about eight of them, and
that might be worth twenty five dollars apiece. But he
had signed the back of them. I don't know why
I just acquired him.
Speaker 8 (22:15):
And I don't know what to do with I want
to give my grandkids.
Speaker 3 (22:18):
Okay, so well, first of all, for twenty five bucks,
no one's going to argue at all.
Speaker 2 (22:23):
So he signed.
Speaker 3 (22:26):
Your brother signed the back And what I would do
is I'd sign the back of those two and say
I own them or whatever whatever form it is. I mean,
these savingspaonds, when were they issued too?
Speaker 9 (22:42):
A couple of years ago?
Speaker 3 (22:43):
Okay, okay, So they're worth less than twenty five dollars.
And how many are there? There's about eight, all right,
so you've got what a couple of one hundred dollars worth?
Speaker 2 (22:56):
And I mean that's what you have.
Speaker 3 (22:57):
And they're not worth twenty five dollars because when you
get a twenty five dollars bond, it's at the end
of the maturity.
Speaker 2 (23:04):
They're worth twenty five dollars. So yeah, so what do
you want?
Speaker 3 (23:09):
Just you want to be able to sign them over
to your kids, sign them and have.
Speaker 2 (23:12):
Your kids depositive and see what the bank says. That's all.
It's easy.
Speaker 3 (23:16):
I mean, you're certainly not going to take any legal
action on this, not for twenty five bucks. But that's
it's a good question. It actually is a good question.
What the hell do I do? Brother died, he signed them,
the other ones he didn't sign. How do I get
them to my kids? Actually that's not a bad question,
it really isn't. I mean, for the money, you just
give the grand kids two hundred bucks.
Speaker 2 (23:37):
Mike Hi, Micah, Hey, Bill, Yes, I'll.
Speaker 6 (23:41):
Get a question for you. So I have this old
student loan account that was from the late nineties, off
which I've paid off twice the first time.
Speaker 2 (23:51):
Wait wait, wait, wait, let me stop you right there.
How have you paid it off twice?
Speaker 3 (23:56):
Well, how have you paid off a second time after
you've already paid it off?
Speaker 6 (24:00):
Okay? The first time, the credit union contacted me and
said that I was paying to a bogus account.
Speaker 2 (24:06):
Okay, but it was fraud.
Speaker 6 (24:07):
Okay, So count of my lumps, you know, went and
paid the two hundred dollars a month for the next
ten years.
Speaker 3 (24:13):
Okay, Hold on, wait, wait, who were you paying the
the money to.
Speaker 6 (24:20):
Well, it was a local credit union.
Speaker 2 (24:22):
And that was and and they're saying that was fraud.
Speaker 6 (24:26):
The first time.
Speaker 3 (24:26):
Yeah, okay, and you were paying to Wait a second,
you were paying to the credit union. That's uh, that's
the name on the chest.
Speaker 2 (24:35):
Okay.
Speaker 3 (24:35):
And they're saying that was fraud. Correct, and you were
paying them correct. Yeah, that's a problem for them, I
would argue. They can't turn around and say, oh, it's
fraud you paid into What do you mean it's fraud
that I paid into it.
Speaker 2 (24:50):
I paid you, I paid.
Speaker 6 (24:52):
You at the time, and uh, I know, I just
went ahead and then.
Speaker 2 (24:55):
Yeah, you're okay. So yeah, on top of that, you
so you paid it off. Hold on, hold on, hold on,
you have to answer my questions.
Speaker 3 (25:04):
So then you paid it off a second time over
what period of years?
Speaker 6 (25:09):
It took about ten.
Speaker 3 (25:10):
Years again ten years, yes, another ten years okay, which
I had to documents for this and everything.
Speaker 6 (25:17):
So fast forward to the recent past. I went to
get a truck financed for my work because I'm self employed,
and they said, oh no, no, no, you still owe
us forty five hundred dollars student loan.
Speaker 2 (25:29):
Who who do you owe it to?
Speaker 5 (25:31):
Name?
Speaker 6 (25:31):
Credit Union?
Speaker 2 (25:32):
Credit Union? Credit Union. Okay, you got a one hell
of a lawsuit against the credit union.
Speaker 6 (25:39):
I had to get my parents to coson on.
Speaker 2 (25:41):
What on my forty five dollars? Oh god, I wish
you'd called me before. Good God.
Speaker 6 (25:48):
First of all, they wanted to take me to collections
in court.
Speaker 3 (25:52):
Oh yeah, let them take you to Oh no, no, Micah,
let them take you to court. The more they harass you,
because this case becomes malicious prosecution. They're using the court system,
especially if they have evidence that you've paid off this loan.
Speaker 2 (26:07):
Do they have that evidence?
Speaker 11 (26:11):
No?
Speaker 3 (26:11):
No, no, have you sent it to them? Okay, here's
what you have to do before anything. You contact them
with your proof that you paid it off, and you say,
yank the credit report, the negative credit report right now,
and I want to be credited for all the money
(26:32):
I paid. And you may need a lawyer for that, Micah,
because if there is fraud that is involved, I think
that credit union is up to its eyeballs in that,
especially when you didn't pay into an account you paid
into the credit union itself. Now, if there's an account
number at the bottom and it's a fraudulent account number,
(26:55):
just the fact that you've paid it twice, I mean,
I think there's liability. But let's go to you showing
that it's been paid and them ignoring that and still
keeping you in collections.
Speaker 2 (27:07):
And if you're lucky filing a.
Speaker 3 (27:09):
Lawsuit, that's when you get hold of a lawyer, because
that is big money there. I mean, I filed a
lawsuit against for against lawyers for malicious prosecution. Took me
to court even against all the evidence, and okay, so
they ended up settling. It took a while, but they
(27:29):
ended up settling. This is handle on the law. Bulcome back,
handle on the law. They'll handle here.
Speaker 2 (27:37):
Marginal legal advice. Hello Steve Hey, Yes, sir, I got
a question.
Speaker 9 (27:46):
Is it legal for a judge to deny you a
court appointed attorney?
Speaker 3 (27:52):
Well, it depends on what the case is about. It
depends on we're going to talk about that you were
in an accident, and so it's a civil case.
Speaker 2 (28:01):
It's a civil case, right.
Speaker 9 (28:02):
Well, no, I was then my son I went off
side of a mountain. The state trooper wrote me a
ticket for failure maintain control and no seat belt. Well,
I had proof that I was wearing a seat belt,
and I had proof there's ice on the highway. And
I was trying to explain that to the judge and
he was like, you're not allowed to defend yourself. And
I'm like, I'm not I'm just telling you the circumstances.
(28:24):
He said, no, you have to get a lawyer. And
I was like, I can't afford a lawyer. Will you
appoint me one? He said absolutely not. You're a cheat
where you make doctor money. I will not give you
a lawyer. And I've been out of work already for
two months. Okay because of the accident.
Speaker 2 (28:36):
Okay, So that's interesting. What's going on.
Speaker 3 (28:39):
First of all, he's half right, And the part in
which he is half right is that he doesn't have
to appoint you a lawyer. The only way you're going
to get a court a court appointed lawyer when you
are in a criminal case is you and it's a
private it just a public defender. You have to prove indigens.
(29:00):
She I always get that, and that you're injured in Oh,
come on, stop it, handle you know this is what
I do with word indigen.
Speaker 2 (29:06):
That's it indigen. Okay, you have to prove that you're indigen.
Speaker 3 (29:09):
You have to prove you have no money, so you
fill out affidavits and if you fall under that category,
then you will be provided a lawyer if.
Speaker 2 (29:18):
You can afford it. No.
Speaker 3 (29:19):
No, However, for him to not allow you to defend yourself,
that's unconstitutional. You have the right to defend yourself and
this judgment, oh yeah, you have the right to defend yourself,
every bit of it.
Speaker 2 (29:37):
You have the right to.
Speaker 3 (29:38):
Represent yourself and he cannot stop you from doing that.
Speaker 2 (29:41):
And for him to say.
Speaker 3 (29:43):
You can number one, I won't appoint a lawyer, which
you can, which you should. He's right about that, but
you can't defend yourself. He's violating the law. A matter
of fact, he's straight out violating the constitution straight out.
Speaker 9 (29:56):
Yes, you're trying to defend yourself. You can't do that.
You need to stop.
Speaker 5 (30:01):
You need a lawyer.
Speaker 9 (30:01):
And I was like, I can't afford a lawyer. And
he's like, well, then you need to get a lawyer,
and I'll dismiss this earth move this case to further
down the road until you get a lawyer.
Speaker 3 (30:08):
Well, and then you say, I want to represent myself
straight out, I want to represent myself, your honor, I
have a right to represent myself.
Speaker 2 (30:20):
I want to represent myself. Believe me. He's going to
let you do it, guarantee.
Speaker 3 (30:25):
Now, all right, now, the out of the issue is
you representing yourself is no fun either. You're being a
kut understand what is the what is the exact accusation?
What are they hitting you up with.
Speaker 9 (30:34):
There's no seat belt and failure to maintain control of
my vehicle, Okay, even though I was coming around a
curve and hit ice and went off side of you.
Speaker 2 (30:43):
Yeah, I understand, I understand, And that's what you're.
Speaker 3 (30:45):
Gonna Yeah, so you know, so you know, are you
not guilty?
Speaker 2 (30:49):
The seat belt is one thing.
Speaker 3 (30:50):
Uh So they're not going to take you to trial
on a seat belt issue. I can't even believe they're
taking you to trial and failure to maintain. But there
was someone severely injured on that thing. I'm assuming right
or not me human.
Speaker 9 (31:04):
It's just a personal actor.
Speaker 2 (31:06):
Yeah, I'll go wow, Okay, So let me get this right.
Speaker 3 (31:09):
Uh, you roll off a road and they're hitting you
with failure to maintain that you rolled off the road
and hit and hurt yourself. I gotta tell you something's
weird about this, Steve. And the judge won't let you
represent yourself. Uh yeah, first thing you want to do
is talk to I don't even know who's prosecuting. City
attorney or district attorney. Do you have any idea?
Speaker 9 (31:32):
I don't.
Speaker 2 (31:33):
Okay, you got to find out. You've got you You've
got to do.
Speaker 3 (31:36):
You've got to do a little bit of research, find
out who is uh who is prosecuting you?
Speaker 2 (31:41):
And that's going to go no place, not not with
that people. Do you think they care? So someone may
hate must hate you.
Speaker 11 (31:49):
Uh.
Speaker 2 (31:49):
As a matter of fact, I'm starting to hate you. Uh,
So there you go.
Speaker 3 (31:55):
Uh Deborah, Hello, Deborah.
Speaker 7 (31:59):
Yes, I'm calling because I have a sister who passed
away and she had told me before she passed that
she had once was going to leave me some of
the money, and that she had a will with one
of the attorneys in the city. This is another state,
just in Michigan.
Speaker 2 (32:13):
Okay.
Speaker 7 (32:13):
And now her son, I asked him about the will.
He's her adopted son, and I have a note.
Speaker 3 (32:22):
Are you cutting in and out? Deborah? The line is
really screwed up, all right? So she has an adopted son,
which means nothing. And the bottom line, the son is
hiding the will. Is he the administrator of the will?
Speaker 2 (32:35):
Is he the executor of the will? What's his position?
Speaker 7 (32:38):
Well, I don't know, we don't, we don't know.
Speaker 11 (32:40):
There was just all right, so let me answer the question.
Speaker 7 (32:47):
Was hiding allowed stuff to alright?
Speaker 3 (32:49):
She told him all right, So here's here's okay, hold on,
hold on.
Speaker 2 (32:53):
So here is instead of going through this long story,
here are the rules.
Speaker 5 (32:57):
All right.
Speaker 3 (32:57):
In order to uh distribute distribute under the will, it
has to be opened up.
Speaker 2 (33:02):
Probate has to be opened. And that is a public document.
Speaker 3 (33:05):
And you go to the county recorders and every day
you literally go on the internet and you'll see a
probate being open in the estate of and that would
be the name of your sister, and the will has
to be filed.
Speaker 2 (33:18):
It's a public document. You can see the will right there.
Otherwise they don't open probate.
Speaker 3 (33:23):
And in the alternative, how much money you think we're
talking about, Deborah.
Speaker 7 (33:27):
A half million dollars?
Speaker 2 (33:28):
Okay?
Speaker 3 (33:29):
With that, you can also hire a probate in a
state attorney and argue you want to see the will.
You're contesting it only on the basis that your sister
said you were going to get to money. That incidentally
does not matter legally in terms of getting the money.
Is it enough for the judge to grant an order turning.
Speaker 2 (33:49):
The will over to you or you seeing the will?
Speaker 3 (33:51):
I don't know, but you know, someone hiding a will
doesn't do anything because the will has to be executed.
The will has to be confirmed by the court, and
you can't have the court.
Speaker 2 (34:03):
Do anything without opening the documents.
Speaker 3 (34:05):
So the quick way is simply to check on all
of Yeah, here we go. The trick is to check
on all the documents and see if they've opened up
the probate.
Speaker 2 (34:20):
Rob. Hello, Rob, welcome to handle on the law.
Speaker 12 (34:24):
Hi Bill, Yes, I got pulled over last week for
a traffic violation. Which I'm not disputing. But when the
after he wrote the ticket, he told me I had
a warrant, and I said that it's impossible. But then
after thinking about it, and he said, think about it,
don't lie whatever. I had a warrant thirty years ago.
I'm not a warrant, but I remember I got arrested
thirty years ago for a stupid shoplifting thing when I
(34:44):
was twenty eight.
Speaker 2 (34:45):
And you never and you never and you never showed
up the court, right I.
Speaker 12 (34:48):
Went, I went to court, and I can't remember, and
I remember getting a fine, and I can't imagine not
paying it.
Speaker 3 (34:54):
But okay, I mean so long ago, so I would
I would at this point ignore it because for the
first of all, I mean at thirty years the statue
there has to be a statute there that's run out
and they can't do anything so as far as the
underlying as far as the underlying crime is concerned.
Speaker 2 (35:12):
Now, as far as.
Speaker 3 (35:13):
The warrant, the warrant is to show up or the
warrant is to make sure you paid a fine or whatever.
I don't know how long that goes. But Rob, thirty
years ago and you weren't arrested, right, there under a warrant,
but it.
Speaker 12 (35:26):
Was in Glendale. He told me, I can arrest you
right now, but I'm not going to.
Speaker 3 (35:30):
Okay, yeah he could because there was a there was
a I guess a warrant on the books. Now the
statute is passed before what they can charge you with.
But here's a cop looking at a warrant and does
he arrest you in good faith?
Speaker 2 (35:43):
Which he can or argue that. But you know, is
he supposed to know.
Speaker 3 (35:47):
When a warrant is run out? Is he supposed to
know the statute? I don't know, but I at this point, Rob,
you do nothing. You do absolutely nothing, and you're you're
gonna I think you're going to be fine. Let me
tell you about pain. And if you live in chronic pain,
you know what I'm talking about. I mean, it's there
(36:08):
all the time. And that's what's horrible about chronic pain.
So The Pain Game podcast is a podcast that deals
with people who are in chronic pain or know someone
who is. Treats people and what it does is develop
a community because a lot of people in chronic pain
feel alone and by the way, people have lost people
(36:30):
to chronic pain. This is one of those things where
people can hurt themselves because they just can't take it anymore.
And the Pain Game podcast deals with people that are hurting,
that have had trauma, and every episode ends with a
message of hope, and you'll understand that the show is
about giving pain purpose. Puts a different perspective on it
(36:51):
because that's really all you can do with today's technology
in chronic pain is giving pain purpose.
Speaker 2 (36:59):
Listening to the show wherever you listen.
Speaker 3 (37:00):
To podcasts, the Pain Game Podcast, the Pain Game Podcast
on social at The Pain Game Podcast Season three is
now running around the Pain Game podcast. This is Handle
on the Law.
Speaker 2 (37:17):
You've been listening to the Bill Handle Show.
Speaker 3 (37:19):
Catch My Show Monday through Friday, six am to nine am,
and anytime on demand on the iHeartRadio app.
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.
Speaker 3 (00:17):
California is the absolute winner in the rights of workers.
The federal minimum wage is seven dollars and twenty five
cents an hour, and it hasn't changed in fifty years,
thirty five years, whatever they number of years it is.
And there are plenty of states, plenty of places where
(00:39):
seven to twenty five minimum wage is still in place. Now,
how anybody lives on seven dollars and twenty five cents
an hours beyond my comprehension. But I guess if you
go to Appalachia, you go to certain places in Tennessee,
in Arkansas where you pay your lawyers with sides of bacon.
I don't know, but I guess it works for some people.
(01:03):
Now California is very different. California minimum wage is in
the eighteen dollars an hour range, and it's going to
go up. The Olympics are coming to Los Angeles and
there was a big is a big move to get
the minimum wage for hotel workers and those that work
(01:26):
at LA Airport and make those wages much higher.
Speaker 2 (01:30):
And so what LA.
Speaker 3 (01:32):
Did is create a thirty dollars an hour hotel minimum wage.
And as you can imagine, there are plenty of well
organizations like hotels, other businesses, Chamber of Commerce saying wait
a minute, thirty dollars an hour for a minimum wage.
(01:54):
That's how do we make money on that? Now, I'm
in favor of enough.
Speaker 2 (01:59):
Money minimum so you can eat. And maybe it is
thirty dollars an hour. I don't know the answer to that.
Speaker 3 (02:06):
But at thirty dollars an hour, the way our system
is now devised, it's going to be very difficult for
businesses to deal with this. So the law says thirty
dollars an hour right now for hotel workers. And as
you can imagine, there is a group of businesses, including
(02:27):
the Chamber of Commerce, that says we've got to stop this.
And so the LA Alliance for Tourisms, Jobs and Progress
I had been hoping to persuade voters to repeal the
wage ordinance.
Speaker 2 (02:41):
That was approved by the city council.
Speaker 3 (02:44):
It's a referendum and it needed ninety three thousand signatures
to qualify for the ballot. Ninety three thousand signatures to
then qualify to put people allowing people to vote in
the November election.
Speaker 2 (02:59):
It couldn't even get ninety three thousand people. They just couldn't.
Speaker 3 (03:03):
Clearly, for those of those of us who live in
southern California, we are pro employee big time.
Speaker 2 (03:13):
And there's no surprise here.
Speaker 3 (03:17):
The city council is very liberal, The city is very liberal.
The politics of Southern California and California in general is
very liberal. The Democrats have a super majority in the
state legislature, so they can do anything at wants. It
has a governor who is a liberal Democrat, they can
do anything they want. And so now you have the
(03:40):
citizens of the Los Angeles saying we want the thirty
dollars hotel minimum wage, and too bad. If you make money,
you don't make money. Their position is you're going to
make money no matter what. Well, the Alliance says, no,
we're not. The tourism industry says no, we're not. The
(04:05):
hotel industry says no we're not. Doesn't seem to matter.
So it's off the ballot. Let's take some phone calls. Hi,
Mary welcome to handle on whether you are Mary welcome
to handle on the law.
Speaker 2 (04:21):
What can I do for you.
Speaker 4 (04:23):
Hi, I would like to know if there is a
time limit to claim a life insurance.
Speaker 5 (04:27):
Uh.
Speaker 2 (04:28):
No, not that I know of.
Speaker 3 (04:29):
You can claim life insurance, I mean there is. I
don't no, statutorially there is a time limit. Maybe there is,
but yeah, not really. How long ago did your person die?
Speaker 4 (04:42):
The person died approximately four years ago, and I just
found out that he may have a life life insurance
I was sponsored by the employer, but he was paying
a percentage toward that home.
Speaker 3 (04:53):
Okay, do you happen to know which life insurance company
is involved?
Speaker 4 (04:59):
I think get see, I'm nine hundred percent.
Speaker 2 (05:04):
Yeah. Do you have any paperwork?
Speaker 4 (05:06):
No, I don't have anything. I just I just realized
that through payroll deduction they were OK. But that's what
I'm trying to figure out, you know, because I'm very nervous.
I had some personal illness too, That's what I didn't
have a chance to.
Speaker 2 (05:22):
Yeah, all right, that's fine situation.
Speaker 3 (05:24):
But you're nervous about not enough time to file the claim,
all right? It depends on the policy. There may be
If there is a time limit on the policy, you
must file a claim within X number of years. I mean,
they're certainly going to give you at least a year
or two years. It's not gonna be Yeah, I mean there,
(05:44):
I mean there may be. You have to look at
the policy. Now your argument is I didn't even know
there was a policy, and so does that work?
Speaker 2 (05:53):
Does it not work? You don't need a copy of it.
Speaker 3 (05:55):
And if you know who he worked for, then you
call the HR department of that company. And if they deducted,
it has to be a pretty big company. The first
thing is you got to get hold of the policy
and figure out if your name is on it. Uh?
Speaker 2 (06:10):
Is it a cousin that left the policy? No?
Speaker 6 (06:15):
I mean who is it?
Speaker 4 (06:17):
We were not having a good a good communication?
Speaker 2 (06:21):
Is what is your relationship with the policy holder?
Speaker 4 (06:26):
He was my husband?
Speaker 7 (06:27):
Ah?
Speaker 2 (06:27):
Okay, got it? Got it? Okay?
Speaker 3 (06:29):
Were you named.
Speaker 4 (06:30):
As having open relationships? Okay, in regard to that term.
Speaker 2 (06:34):
Really he was stopping around?
Speaker 3 (06:35):
Huh wow, Okay, we're both of you stopping around, just him.
Speaker 4 (06:45):
I'd rather than discuss about that, Okay.
Speaker 2 (06:47):
That means yes, all right, thank you.
Speaker 3 (06:49):
Just curious, not that it has any you know, any
issue with the legality of it.
Speaker 2 (06:55):
You can you know, ship around as.
Speaker 4 (06:56):
Much as you are, There any any any anything and
generally a life insurance. Do they have a time limit
or something.
Speaker 3 (07:03):
I just told you it depends. It depends on the
policy that you have to file.
Speaker 4 (07:08):
Your company has different policies, That is correct.
Speaker 3 (07:11):
That's why you have to find out which company it was.
Then I'm going back to the original question that I had.
How big a company did he work for?
Speaker 4 (07:22):
Well, he worked for a different company for the bank,
and so.
Speaker 2 (07:24):
Okay, then okay? Then who all? Right?
Speaker 3 (07:26):
Which company then put in the money that was deducted
from his pay all of them?
Speaker 2 (07:32):
One of them, two of them.
Speaker 4 (07:34):
The problem is that he he used to work for
croked bank, and crooked ban was brought out by words
far it.
Speaker 2 (07:40):
Doesn't matter, It doesn't matter. Do you happen to know?
Speaker 3 (07:44):
You said that the money was deducted from his paycheck
to buy a policy.
Speaker 4 (07:50):
Now I just remember that it was done like that way.
But I have to begin into some own paper work,
if that's correct.
Speaker 3 (07:57):
That's correct. You have to get an old paper working
to find the policy. You have to find out if
the deduction still occurred on life insurance. You have to
find out whether he canceled it or not. Where he
said You know what, I don't want to do this anymore,
and he cancels it. You have homework to do, is
what you have? Yeah, you know, there's no way I
can answer the question. You've got a lot of homework
(08:18):
to do. Hopefully he was guilty because you should up
and a round on you and you weren't.
Speaker 2 (08:23):
Not that you're going to admit it, but you did
admit it by not admitting it.
Speaker 3 (08:26):
And it is that he felt guilty enough to leave
a healthy life insurance policy and you're the beneficiary. But
you've got to find that out. This is handle on
the law. This is handle on the law. Marginal legal advice. Barbara, Hello, Barbara.
Speaker 8 (08:46):
Oh hi Bill, Oh yeah, thank you for answering. Yeah, okay,
after four years with my did he tell you anything
that No?
Speaker 2 (08:54):
No, no, no, go ahead, you tell me.
Speaker 7 (08:57):
Okay.
Speaker 8 (08:58):
After for four years with my Beverly Hills doctor, he
said to me, I'm out of your insurance network and
can't treat you anymore unless you pay out of pocket.
Well I found out that wasn't true, and I got
an insurance card with his name on it, the Beverly
Hills doctor with his name on it, and he had
his nurse call me and tell me that he still
(09:21):
refuses to fill my meds or to see me. Okay,
and your question, I wondered. Oh, so he told me
to go to the doctor on the.
Speaker 9 (09:31):
Card, and I did.
Speaker 8 (09:33):
I did what he told me, But then I had
it reversed and had his name put on the card
because the doctor that he was on the card was
way out. And oh god, wait, okay, it doesn't matter.
Speaker 2 (09:44):
It doesn't matter. But let me ask you, what do
you mean you had it reversed.
Speaker 3 (09:48):
Okay, you have another doctor's name on the card, not
this doctor, because he's not network, and you had the
name reversed and put his name on again.
Speaker 2 (09:58):
I'm a little confused.
Speaker 8 (10:00):
No, he was in my network even though Okay, don't understand.
Speaker 2 (10:04):
Okay, I got it all right.
Speaker 3 (10:06):
So he's saying he's not in your network, so that
reverse business doesn't matter. So he is saying, at first,
because you're not in my network, you got to pay yourself.
He now finds out or you find out that he
is in the network, and you show him I am
in your network, and he.
Speaker 2 (10:19):
Will not treat you. Correct. Yes, okay, and what's that question? Okay,
what's your question?
Speaker 8 (10:26):
Well, I've been you know, I'm eighty one and I've
been trying to find another doctor. I went out the
way out, but whatever, they won't fill my meds?
Speaker 2 (10:36):
Who thereto? Well wait, wait does that say? Hang on
a minute, how do.
Speaker 3 (10:45):
You have a doctor who you're a patient of and
won't fill your meds?
Speaker 2 (10:49):
You're on Medicare and uh doctors? So you can't find
one doctor.
Speaker 3 (10:57):
That does not accept Medicare that's willing to treat you.
And by the way, when you and when you're on Medicare,
it's not in or out of network, it's do they
accept Medicare.
Speaker 2 (11:06):
Or they don't accept Medicare.
Speaker 3 (11:08):
And there's certain doctors that just say I don't accept
Medicare and they're just saying that's not me, which they're
allowed to do. So I let me start with he
has every right not to treat you, Barbara.
Speaker 2 (11:19):
Every right he.
Speaker 3 (11:20):
Can say, you know what, I'm done, I don't want
to treat you anymore.
Speaker 2 (11:24):
And you said, yeah, no, what are you gonna do?
Speaker 3 (11:26):
You get a court order where a judge is gonna
say to the doctor treat Barbara. Why would you ever
want to go to a doctor that doesn't want to
treat you?
Speaker 7 (11:38):
Right?
Speaker 2 (11:39):
Well, well good, you're gonna.
Speaker 3 (11:42):
Get You're gonna get meds from any doctor unless he
all you meds that are way over the top.
Speaker 8 (11:50):
They won't fill one med it's called Beenterman.
Speaker 2 (11:53):
Okay, okay, who is they? Who is They won't fill it?
Speaker 8 (11:59):
The doctor that he tells need to go to you
on my card?
Speaker 2 (12:01):
Okay, so you won't fill it.
Speaker 3 (12:03):
So go to another doctor that will Philly get on
the phone and go look at doctors and say, hey,
this is my issue I was with this doctor.
Speaker 2 (12:12):
Suggest that I go to you or I'm looking at you.
Speaker 3 (12:15):
I have been on venturemin or whatever the hell the
name of it is for years and years. Will that
doctor prescribe that to me?
Speaker 2 (12:21):
Nope? Then you go to the next doctor. Yeah, you
got to do it all. Yeah, it's on you, Barbara.
Speaker 8 (12:27):
Well yeah, but lots of times they won't come to
the phone, and so give the message to the yeah.
Speaker 2 (12:33):
That yeah, don't know.
Speaker 3 (12:34):
They'll ask, they'll ask and the the gallon front, whoever
is the nurse, whoever.
Speaker 2 (12:38):
Answers the phone. You'll get the answer. You'll get the answer.
Speaker 3 (12:41):
If they don't know, they'll look at it and say,
does you know talk to the nurse or talk to
the doctor do you prescribe this medication?
Speaker 2 (12:49):
And if they come.
Speaker 3 (12:50):
Back and says, okay, yeah, that's what you do, it's easy.
Speaker 2 (12:58):
Jerry, Hi, Jerry, welcome to handle on the law.
Speaker 10 (13:01):
Yes, hey, Bill, Yeah, I want to know if I
might have a case for misrepresentation against a major auto
manufacturer for knowingly having defective parts of the vehicle and
then subsequently charging the customers.
Speaker 3 (13:16):
Well that sounds yeah, that sounds like a class action
suit if nothing else. But you know, knowingly installing faulty parts. Okay,
that's first. How do you prove they knew about it?
Do you have internal you have internal emails? Do you
have emails?
Speaker 10 (13:32):
But there's a yeah, there is, there's a there's a
there's a technical service bulletin where they send out and
saying that they know that this fault is defective. They've
also modified their their warranties at certain times. Actually they
actually raised the warranty out to one hundred thousand miles
of ten years.
Speaker 3 (13:48):
Okay, so yeah, it sounds this sounds like a class
action suit because if you're going to sign file individually,
how have you been damaged? How much money are you out?
Speaker 10 (13:57):
I'm out?
Speaker 6 (13:57):
Thirty dollars.
Speaker 10 (13:58):
Okay, I was thinking about going to small claims, but
here's yeah, but I would I would name corporation dealer.
Speaker 3 (14:05):
Oh, Jerry, let me tell you what happens when you
file against dealers and small companies like Toyota.
Speaker 2 (14:12):
Uh what the first thing they do.
Speaker 3 (14:15):
The first thing they do when they get file when
a suit against them is they kick it up to
superior court.
Speaker 2 (14:22):
And they're allowed to do that. You can make a
motion to kick it up.
Speaker 3 (14:26):
Now you think they're going to admit there's any liability
assuming they're wrong?
Speaker 10 (14:32):
Can they do that from small claims? Kick it from
small claims the superior court?
Speaker 2 (14:36):
Yes they can? What Yeah? How about that?
Speaker 3 (14:39):
And now you're dealing Now you're dealing with two hundred
lawyers that Toyota is bringing in the table.
Speaker 10 (14:45):
Yeah, I think that the lawyers could could come to
the table because it's filed in small plane.
Speaker 3 (14:50):
No, because they can make a motion to kick it
up to superior court. They can't normally lawyers can't. But
there you're allowed to bring it up superior court. So
go ahead and suit Yoda for faulty parts and you
get to find out what you deal with.
Speaker 2 (15:06):
Dwayne Hi Dwayne.
Speaker 5 (15:09):
I don't I have a question on a wall between
two residential properties that the big win the week could
go blue down onto my neighbor's property. The property is
represented by a representative because the owners in China, I
asked them to turn in on the homeowners insurance. We're
telling their property. They don't want to. What do I
need to do?
Speaker 2 (15:30):
You tell them sue me.
Speaker 5 (15:32):
The representatives already threatened to take me to court.
Speaker 2 (15:36):
Okay, that's exactly what they're gonna have to do. They're
gonna sue you, and you are going.
Speaker 3 (15:41):
And your defense is these winds are so strong, they
were one hundred mile an hour winds, and there's no
way to build a fence. Is it a wooden fence?
Speaker 5 (15:52):
There was a block wall that being said, they didn't
use Rebard.
Speaker 3 (15:55):
Ah, okay, that now you have a defective wall because
how old is the wall?
Speaker 2 (16:01):
Dwayne, I don't know.
Speaker 5 (16:03):
I've owned it for fifty years and it had to
be a previous owner.
Speaker 3 (16:06):
Oh yeah, yeah, so your grant, So your argument is
your grandfathered in and one hundred mile an hour wins
going to be an interesting suit. Let me tell you
it's going to be an interesting lawsuit because matter doesn't
matter what.
Speaker 5 (16:21):
Who's property the wall actually fell on.
Speaker 2 (16:23):
Yeah, it does.
Speaker 3 (16:24):
It matters because the person who's damaged is the property
owner whose wall fell on. I mean, you're not damaged
other than the wall itself. And you call your insurance
company and you get that fixed. So have you called
your insurance company yet, Dwayne.
Speaker 5 (16:41):
That's what I was gonna issue because I turn it
on there.
Speaker 3 (16:44):
Yeah, you call it. Well, it doesn't matter. It doesn't matter.
You call your insurance company and let them deal with
the owners and the other insurance company. One of the things,
one of the things you pay for when you buy
insurance is number one, they have to defend you. Do
you know that you bought yourself legal representation on top
of liability and you can say you take it from here,
(17:05):
it's not my issue, or you pay me. I don't care.
I'll take it under my homeowners policy. So that's an
easy one. This is Handle on the Law.
Speaker 1 (17:16):
You're listening to Bill Handle on Demand from KFI AM
six forty.
Speaker 3 (17:23):
Welcome back, and it's Handle on the Law. Marginal Legal Advice.
Speaker 2 (17:29):
Cynthia. Hi, Cynthia, Hey, Bill.
Speaker 11 (17:33):
I'm so glad I bought a condo and Leisure World
in Seal Beach in twenty twenty three. I'm seventy two
years old now, and during COVID, the boutique I was managing,
you know, everybody went under.
Speaker 12 (17:48):
I got behind.
Speaker 11 (17:49):
I was dealing with them, they were, you know, okay,
and then all of a sudden, I get a letter
from the attorney. I'm sure you know about ha there
A lot of them are just, I don't know, mean spirited,
and I got an eviction notice. I guess I did
(18:10):
not understand a co op fully. And bottom line is,
and I'll give you more details if you want them,
but I was begging them, please don't make me homeless.
Now at seventy two years old, I've been paying you,
and I've offered to pay you all the bat dues
X offered to do it as our oldest son was
(18:32):
suffering from cancer passed away. Now anyway, they put the
place on the market last Sunday, you know for four fifteen.
I paid almost two And can they just.
Speaker 9 (18:46):
Take over my place like that?
Speaker 5 (18:47):
Do I get?
Speaker 3 (18:48):
Yeah? And just kind of yeah that first of all,
it's it's a co op and it's not an hoa,
which I find kind of interesting.
Speaker 2 (18:59):
It is a co op, is what you're saying that
usually you don't have a calls.
Speaker 3 (19:04):
Yeah, no, no, no, no, it's not a question of
what they call it. The difference between a co op
and an hoa are two different legal concepts. I mean
there is a legal difference. There is a definition of
each one. And when I think of co ops, I
think of New York and those apartment buildings where it
is a co op. None of those are hoas. So
(19:27):
that's for starters, which I don't understand that. There is
also a law that was just passed in California that
says that a homeowner in an hoa can only be
held to one hundred dollars fine, and our late payments
part of that one hundred dollars fine.
Speaker 2 (19:49):
I don't know.
Speaker 3 (19:50):
But what you have to do is you have to
get an hoa attorney to jump right in it.
Speaker 2 (19:54):
You have no choice.
Speaker 11 (19:56):
And oh, I know, but I can't seem to sign one.
Speaker 2 (20:00):
Oh, there are plenty.
Speaker 7 (20:01):
No, I don't give.
Speaker 3 (20:03):
I don't give referrals if I don't know them personally.
If I don't, Yeah, So I just don't do that
because if someone screws up, then you come back to me.
Now my referral ser you know, well, a handle on
the law dot com is different because I know these attorneys.
I set up a handle on the law doctor right so,
and they don't do ho A law. There are lawyers
(20:26):
who do cynthia.
Speaker 2 (20:28):
And you look.
Speaker 3 (20:28):
Just go to go on the on the on the
net and here are the search words attorney, h o
A co Op and you'll see things. You'll see attorneys
pop up because there are right it is. It is
a sub specialty, uh that in fact not only is recognized,
it has become big because there are so many h
(20:51):
oa's out there. I mean tens of thousands in California,
and uh there is plenty of litigation against h o
a's and h oo a's against members. So you'll be fine, God,
you'll be okay, especially if you're paying them off.
Speaker 11 (21:09):
The problem is built when I call those places back,
like in January and explained, they just said, oh, I
don't really deal with for some reason, they're that place
has a lot of clout. Even the sheriff told me, you.
Speaker 2 (21:24):
Know, no, no they don't know.
Speaker 3 (21:26):
They don't have clout against attorneys who represent HOA members. No,
they don't have cloud what do you think they pay
them off? You know what?
Speaker 11 (21:35):
No, no, no, no, no no. I didn't mean with
the attorneys. I meant with the sheriff, like you know,
I tried to get to get all my belongings were Okay.
Speaker 3 (21:45):
You need an attorney, Get an attorney. Just get an attorney. Yes,
I know, and they'll take care.
Speaker 2 (21:51):
And they'll take care of that.
Speaker 3 (21:52):
Look one up, and I just told you the search
words to use.
Speaker 2 (21:56):
Sue, Hello, sue, welcome. Yeah, yes, yes, ma'am.
Speaker 9 (22:03):
My brother passed away a couple of years ago, and
he left from savings bonds, about eight of them, and
that might be worth twenty five dollars apiece. But he
had signed the back of them. I don't know why
I just acquired him.
Speaker 8 (22:15):
And I don't know what to do with I want
to give my grandkids.
Speaker 3 (22:18):
Okay, so well, first of all, for twenty five bucks,
no one's going to argue at all.
Speaker 2 (22:23):
So he signed.
Speaker 3 (22:26):
Your brother signed the back And what I would do
is I'd sign the back of those two and say
I own them or whatever whatever form it is. I mean,
these savingspaonds, when were they issued too?
Speaker 9 (22:42):
A couple of years ago?
Speaker 3 (22:43):
Okay, okay, So they're worth less than twenty five dollars.
And how many are there? There's about eight, all right,
so you've got what a couple of one hundred dollars worth?
Speaker 2 (22:56):
And I mean that's what you have.
Speaker 3 (22:57):
And they're not worth twenty five dollars because when you
get a twenty five dollars bond, it's at the end
of the maturity.
Speaker 2 (23:04):
They're worth twenty five dollars. So yeah, so what do
you want?
Speaker 3 (23:09):
Just you want to be able to sign them over
to your kids, sign them and have.
Speaker 2 (23:12):
Your kids depositive and see what the bank says. That's all.
It's easy.
Speaker 3 (23:16):
I mean, you're certainly not going to take any legal
action on this, not for twenty five bucks. But that's
it's a good question. It actually is a good question.
What the hell do I do? Brother died, he signed them,
the other ones he didn't sign. How do I get
them to my kids? Actually that's not a bad question,
it really isn't. I mean, for the money, you just
give the grand kids two hundred bucks.
Speaker 2 (23:37):
Mike Hi, Micah, Hey, Bill, Yes, I'll.
Speaker 6 (23:41):
Get a question for you. So I have this old
student loan account that was from the late nineties, off
which I've paid off twice the first time.
Speaker 2 (23:51):
Wait wait, wait, wait, let me stop you right there.
How have you paid it off twice?
Speaker 3 (23:56):
Well, how have you paid off a second time after
you've already paid it off?
Speaker 6 (24:00):
Okay? The first time, the credit union contacted me and
said that I was paying to a bogus account.
Speaker 2 (24:06):
Okay, but it was fraud.
Speaker 6 (24:07):
Okay, So count of my lumps, you know, went and
paid the two hundred dollars a month for the next
ten years.
Speaker 3 (24:13):
Okay, Hold on, wait, wait, who were you paying the
the money to.
Speaker 6 (24:20):
Well, it was a local credit union.
Speaker 2 (24:22):
And that was and and they're saying that was fraud.
Speaker 6 (24:26):
The first time.
Speaker 3 (24:26):
Yeah, okay, and you were paying to Wait a second,
you were paying to the credit union. That's uh, that's
the name on the chest.
Speaker 2 (24:35):
Okay.
Speaker 3 (24:35):
And they're saying that was fraud. Correct, and you were
paying them correct. Yeah, that's a problem for them, I
would argue. They can't turn around and say, oh, it's
fraud you paid into What do you mean it's fraud
that I paid into it.
Speaker 2 (24:50):
I paid you, I paid.
Speaker 6 (24:52):
You at the time, and uh, I know, I just
went ahead and then.
Speaker 2 (24:55):
Yeah, you're okay. So yeah, on top of that, you
so you paid it off. Hold on, hold on, hold on,
you have to answer my questions.
Speaker 3 (25:04):
So then you paid it off a second time over
what period of years?
Speaker 6 (25:09):
It took about ten.
Speaker 3 (25:10):
Years again ten years, yes, another ten years okay, which
I had to documents for this and everything.
Speaker 6 (25:17):
So fast forward to the recent past. I went to
get a truck financed for my work because I'm self employed,
and they said, oh no, no, no, you still owe
us forty five hundred dollars student loan.
Speaker 2 (25:29):
Who who do you owe it to?
Speaker 5 (25:31):
Name?
Speaker 6 (25:31):
Credit Union?
Speaker 2 (25:32):
Credit Union? Credit Union. Okay, you got a one hell
of a lawsuit against the credit union.
Speaker 6 (25:39):
I had to get my parents to coson on.
Speaker 2 (25:41):
What on my forty five dollars? Oh god, I wish
you'd called me before. Good God.
Speaker 6 (25:48):
First of all, they wanted to take me to collections
in court.
Speaker 3 (25:52):
Oh yeah, let them take you to Oh no, no, Micah,
let them take you to court. The more they harass you,
because this case becomes malicious prosecution. They're using the court system,
especially if they have evidence that you've paid off this loan.
Speaker 2 (26:07):
Do they have that evidence?
Speaker 11 (26:11):
No?
Speaker 3 (26:11):
No, no, have you sent it to them? Okay, here's
what you have to do before anything. You contact them
with your proof that you paid it off, and you say,
yank the credit report, the negative credit report right now,
and I want to be credited for all the money
(26:32):
I paid. And you may need a lawyer for that, Micah,
because if there is fraud that is involved, I think
that credit union is up to its eyeballs in that,
especially when you didn't pay into an account you paid
into the credit union itself. Now, if there's an account
number at the bottom and it's a fraudulent account number,
(26:55):
just the fact that you've paid it twice, I mean,
I think there's liability. But let's go to you showing
that it's been paid and them ignoring that and still
keeping you in collections.
Speaker 2 (27:07):
And if you're lucky filing a.
Speaker 3 (27:09):
Lawsuit, that's when you get hold of a lawyer, because
that is big money there. I mean, I filed a
lawsuit against for against lawyers for malicious prosecution. Took me
to court even against all the evidence, and okay, so
they ended up settling. It took a while, but they
(27:29):
ended up settling. This is handle on the law. Bulcome back,
handle on the law. They'll handle here.
Speaker 2 (27:37):
Marginal legal advice. Hello Steve Hey, Yes, sir, I got
a question.
Speaker 9 (27:46):
Is it legal for a judge to deny you a
court appointed attorney?
Speaker 3 (27:52):
Well, it depends on what the case is about. It
depends on we're going to talk about that you were
in an accident, and so it's a civil case.
Speaker 2 (28:01):
It's a civil case, right.
Speaker 9 (28:02):
Well, no, I was then my son I went off
side of a mountain. The state trooper wrote me a
ticket for failure maintain control and no seat belt. Well,
I had proof that I was wearing a seat belt,
and I had proof there's ice on the highway. And
I was trying to explain that to the judge and
he was like, you're not allowed to defend yourself. And
I'm like, I'm not I'm just telling you the circumstances.
(28:24):
He said, no, you have to get a lawyer. And
I was like, I can't afford a lawyer. Will you
appoint me one? He said absolutely not. You're a cheat
where you make doctor money. I will not give you
a lawyer. And I've been out of work already for
two months. Okay because of the accident.
Speaker 2 (28:36):
Okay, So that's interesting. What's going on.
Speaker 3 (28:39):
First of all, he's half right, And the part in
which he is half right is that he doesn't have
to appoint you a lawyer. The only way you're going
to get a court a court appointed lawyer when you
are in a criminal case is you and it's a
private it just a public defender. You have to prove indigens.
(29:00):
She I always get that, and that you're injured in Oh,
come on, stop it, handle you know this is what
I do with word indigen.
Speaker 2 (29:06):
That's it indigen. Okay, you have to prove that you're indigen.
Speaker 3 (29:09):
You have to prove you have no money, so you
fill out affidavits and if you fall under that category,
then you will be provided a lawyer if.
Speaker 2 (29:18):
You can afford it. No.
Speaker 3 (29:19):
No, However, for him to not allow you to defend yourself,
that's unconstitutional. You have the right to defend yourself and
this judgment, oh yeah, you have the right to defend yourself,
every bit of it.
Speaker 2 (29:37):
You have the right to.
Speaker 3 (29:38):
Represent yourself and he cannot stop you from doing that.
Speaker 2 (29:41):
And for him to say.
Speaker 3 (29:43):
You can number one, I won't appoint a lawyer, which
you can, which you should. He's right about that, but
you can't defend yourself. He's violating the law. A matter
of fact, he's straight out violating the constitution straight out.
Speaker 9 (29:56):
Yes, you're trying to defend yourself. You can't do that.
You need to stop.
Speaker 5 (30:01):
You need a lawyer.
Speaker 9 (30:01):
And I was like, I can't afford a lawyer. And
he's like, well, then you need to get a lawyer,
and I'll dismiss this earth move this case to further
down the road until you get a lawyer.
Speaker 3 (30:08):
Well, and then you say, I want to represent myself
straight out, I want to represent myself, your honor, I
have a right to represent myself.
Speaker 2 (30:20):
I want to represent myself. Believe me. He's going to
let you do it, guarantee.
Speaker 3 (30:25):
Now, all right, now, the out of the issue is
you representing yourself is no fun either. You're being a
kut understand what is the what is the exact accusation?
What are they hitting you up with.
Speaker 9 (30:34):
There's no seat belt and failure to maintain control of
my vehicle, Okay, even though I was coming around a
curve and hit ice and went off side of you.
Speaker 2 (30:43):
Yeah, I understand, I understand, And that's what you're.
Speaker 3 (30:45):
Gonna Yeah, so you know, so you know, are you
not guilty?
Speaker 2 (30:49):
The seat belt is one thing.
Speaker 3 (30:50):
Uh So they're not going to take you to trial
on a seat belt issue. I can't even believe they're
taking you to trial and failure to maintain. But there
was someone severely injured on that thing. I'm assuming right
or not me human.
Speaker 9 (31:04):
It's just a personal actor.
Speaker 2 (31:06):
Yeah, I'll go wow, Okay, So let me get this right.
Speaker 3 (31:09):
Uh, you roll off a road and they're hitting you
with failure to maintain that you rolled off the road
and hit and hurt yourself. I gotta tell you something's
weird about this, Steve. And the judge won't let you
represent yourself. Uh yeah, first thing you want to do
is talk to I don't even know who's prosecuting. City
attorney or district attorney. Do you have any idea?
Speaker 9 (31:32):
I don't.
Speaker 2 (31:33):
Okay, you got to find out. You've got you You've
got to do.
Speaker 3 (31:36):
You've got to do a little bit of research, find
out who is uh who is prosecuting you?
Speaker 2 (31:41):
And that's going to go no place, not not with
that people. Do you think they care? So someone may
hate must hate you.
Speaker 11 (31:49):
Uh.
Speaker 2 (31:49):
As a matter of fact, I'm starting to hate you. Uh,
So there you go.
Speaker 3 (31:55):
Uh Deborah, Hello, Deborah.
Speaker 7 (31:59):
Yes, I'm calling because I have a sister who passed
away and she had told me before she passed that
she had once was going to leave me some of
the money, and that she had a will with one
of the attorneys in the city. This is another state,
just in Michigan.
Speaker 2 (32:13):
Okay.
Speaker 7 (32:13):
And now her son, I asked him about the will.
He's her adopted son, and I have a note.
Speaker 3 (32:22):
Are you cutting in and out? Deborah? The line is
really screwed up, all right? So she has an adopted son,
which means nothing. And the bottom line, the son is
hiding the will. Is he the administrator of the will?
Speaker 2 (32:35):
Is he the executor of the will? What's his position?
Speaker 7 (32:38):
Well, I don't know, we don't, we don't know.
Speaker 11 (32:40):
There was just all right, so let me answer the question.
Speaker 7 (32:47):
Was hiding allowed stuff to alright?
Speaker 3 (32:49):
She told him all right, So here's here's okay, hold on,
hold on.
Speaker 2 (32:53):
So here is instead of going through this long story,
here are the rules.
Speaker 5 (32:57):
All right.
Speaker 3 (32:57):
In order to uh distribute distribute under the will, it
has to be opened up.
Speaker 2 (33:02):
Probate has to be opened. And that is a public document.
Speaker 3 (33:05):
And you go to the county recorders and every day
you literally go on the internet and you'll see a
probate being open in the estate of and that would
be the name of your sister, and the will has
to be filed.
Speaker 2 (33:18):
It's a public document. You can see the will right there.
Otherwise they don't open probate.
Speaker 3 (33:23):
And in the alternative, how much money you think we're
talking about, Deborah.
Speaker 7 (33:27):
A half million dollars?
Speaker 2 (33:28):
Okay?
Speaker 3 (33:29):
With that, you can also hire a probate in a
state attorney and argue you want to see the will.
You're contesting it only on the basis that your sister
said you were going to get to money. That incidentally
does not matter legally in terms of getting the money.
Is it enough for the judge to grant an order turning.
Speaker 2 (33:49):
The will over to you or you seeing the will?
Speaker 3 (33:51):
I don't know, but you know, someone hiding a will
doesn't do anything because the will has to be executed.
The will has to be confirmed by the court, and
you can't have the court.
Speaker 2 (34:03):
Do anything without opening the documents.
Speaker 3 (34:05):
So the quick way is simply to check on all
of Yeah, here we go. The trick is to check
on all the documents and see if they've opened up
the probate.
Speaker 2 (34:20):
Rob. Hello, Rob, welcome to handle on the law.
Speaker 12 (34:24):
Hi Bill, Yes, I got pulled over last week for
a traffic violation. Which I'm not disputing. But when the
after he wrote the ticket, he told me I had
a warrant, and I said that it's impossible. But then
after thinking about it, and he said, think about it,
don't lie whatever. I had a warrant thirty years ago.
I'm not a warrant, but I remember I got arrested
thirty years ago for a stupid shoplifting thing when I
(34:44):
was twenty eight.
Speaker 2 (34:45):
And you never and you never and you never showed
up the court, right I.
Speaker 12 (34:48):
Went, I went to court, and I can't remember, and
I remember getting a fine, and I can't imagine not
paying it.
Speaker 3 (34:54):
But okay, I mean so long ago, so I would
I would at this point ignore it because for the
first of all, I mean at thirty years the statue
there has to be a statute there that's run out
and they can't do anything so as far as the
underlying as far as the underlying crime is concerned.
Speaker 2 (35:12):
Now, as far as.
Speaker 3 (35:13):
The warrant, the warrant is to show up or the
warrant is to make sure you paid a fine or whatever.
I don't know how long that goes. But Rob, thirty
years ago and you weren't arrested, right, there under a warrant,
but it.
Speaker 12 (35:26):
Was in Glendale. He told me, I can arrest you
right now, but I'm not going to.
Speaker 3 (35:30):
Okay, yeah he could because there was a there was
a I guess a warrant on the books. Now the
statute is passed before what they can charge you with.
But here's a cop looking at a warrant and does
he arrest you in good faith?
Speaker 2 (35:43):
Which he can or argue that. But you know, is
he supposed to know.
Speaker 3 (35:47):
When a warrant is run out? Is he supposed to
know the statute? I don't know, but I at this point, Rob,
you do nothing. You do absolutely nothing, and you're you're
gonna I think you're going to be fine. Let me
tell you about pain. And if you live in chronic pain,
you know what I'm talking about. I mean, it's there
(36:08):
all the time. And that's what's horrible about chronic pain.
So The Pain Game podcast is a podcast that deals
with people who are in chronic pain or know someone
who is. Treats people and what it does is develop
a community because a lot of people in chronic pain
feel alone and by the way, people have lost people
(36:30):
to chronic pain. This is one of those things where
people can hurt themselves because they just can't take it anymore.
And the Pain Game podcast deals with people that are hurting,
that have had trauma, and every episode ends with a
message of hope, and you'll understand that the show is
about giving pain purpose. Puts a different perspective on it
(36:51):
because that's really all you can do with today's technology
in chronic pain is giving pain purpose.
Speaker 2 (36:59):
Listening to the show wherever you listen.
Speaker 3 (37:00):
To podcasts, the Pain Game Podcast, the Pain Game Podcast
on social at The Pain Game Podcast Season three is
now running around the Pain Game podcast. This is Handle
on the Law.
Speaker 2 (37:17):
You've been listening to the Bill Handle Show.
Speaker 3 (37:19):
Catch My Show Monday through Friday, six am to nine am,
and anytime on demand on the iHeartRadio app.
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