Episode Transcript
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Speaker 1 (00:00):
You're listening to k I AM six forty, the Bill
Handles show on demand on the iHeartRadio.
Speaker 2 (00:06):
F It's can't Fine handle here. It's Saturday morning.
Speaker 1 (00:12):
I'm back from the vacation Wars. It was a fun vacation. Actually,
you know, I'd rather be here than where I was.
I was. I was on a cruise ship for half
the time and talking to people from all over the world,
and man, was that fun listening to what people cross
(00:33):
the world think of us, think of our political situation.
Speaker 2 (00:37):
Now, I've done a lot of this in my life.
Speaker 1 (00:39):
I have never seen what was going on, not only
here in the United States, but the way here in
the United States is perceived. The phone number for this
legal show is eight hundred five two zero one five
three four. Eight hundred five two zero one five three four.
That is the number to call, and we do have
(01:01):
lines open because it is the top of the hour,
and the top of the hour is always the best
time to call with lines being opened. Eight hundred five
two zero one five three four. You know, today was
a day where not a lot of phone calls. I mean,
obviously we have enough to do the show, but there
are some days where it's so jammed, we can't deal
(01:22):
with it and you can't get in for three hours.
And then there are days where it's pretty easy. Today
is pretty easy. Eight hundred five two zero one five
three four. Okay, this is a fun one. Welcome back
or welcome to handle on the law. Since twenty seventeen,
thousands of survivors have filed lawsuits sexual assault lawsuits against
(01:48):
Uber drivers. Well, there is, because obviously you've got Uber
drivers who are not screened other than are you a
good driver and do you have a reasonable new car
that's kept fairly clean and insurance? Ever, do they screen
if you are a complete cockroach and you assault women?
Speaker 2 (02:13):
Not unless you've been convicted. I don't even know that.
I think they do.
Speaker 1 (02:16):
Background checks to see if there are convictions. But there
are plenty of lawsuits from both drivers and riders who
have experienced sexual assault, harassment, even kidnapping, and so they've
all been put together and there is, well there are
(02:40):
a couple of experience. Ride share sexual assault attorneys has
gotten so big that there are now sub special subspecialty attorneys.
It's become its own subspecialty, and that is ride share
sexual assault attorneys. And so most of these cases against
(03:00):
Uber involved passengers with experienced sexual assault or harassment or
harm at the hands of Uber drivers. And here are
the allegations. And then I'll tell you what's been happening
as a result of that lack of safety measures, arguing
that Uber is vicariously liable for the action of his drivers.
(03:21):
Now keep in mind, the company had been able to
ascertain in itself and convince authorities that these are ten
ninety nine employees, that these are independent contractors. The company says, listen,
we just were. For example, I have a business, I
are a janitor, and the janitor goes ahead and abuses someone.
How's that my fault? Well, that's Uber's position. What the
(03:43):
survivor say, uh uh, Uber is liable for the actions
of its drivers. That the company was negligent because it
didn't implement appropriate safety measures, breach of contract, that they
failed to conduct adequate background checks for drivers, and not
(04:03):
allowing passengers to choose a preferred driver gender. Will they
change that one around? That's quick? And so is there
a lack of appropriate background checks? Well, the argument is,
we don't have a contract with you that we're going
to do that.
Speaker 2 (04:21):
That's not the contract. Well, this is an implicit contract.
Speaker 1 (04:25):
Part of the contract is that you, in fact do
that inadequate safety measures, complaints, safety features, misrepresented the safety
of the platform itself.
Speaker 2 (04:39):
Saying you didn't tell us how dangerous it is.
Speaker 1 (04:43):
Prioritization, prioritization of profit over safety. I don't know about
that one. I mean, you can argue that, but the
company said, we have a minimum level of safety, and
of course we have to talk about money because we
have to stay in business, and so they prioritized that's right.
Prioritize yeah, market growth and investor appeal over passenger safety. Nah,
(05:06):
that's a little bit. I don't know where that's going
to go. And the multidistrict litigation, there have been so
many of these file that that in and of itself
produces at least suspicion, which I don't know if that's
going to even be allowed in court, because I don't
know what that does for that particular case. Although you
(05:29):
don't know if it's going to fly or not, and
so what is Uber doing.
Speaker 2 (05:33):
Of course they're.
Speaker 1 (05:34):
Defending all of this saying no, no, no, but recently
it's just said women can't prefer women drivers, and I
think the other side is drivers can prefer only to.
Speaker 2 (05:47):
Drive women around.
Speaker 1 (05:49):
Now, since I don't even know the percentage of Uber
drivers that are men, I mean I use Uber, I
use Lyft, and the vast, vast majority of Uber drivers
are men who don't speak English. By the way, that's
another one, because for some reason.
Speaker 2 (06:06):
There is an uber.
Speaker 1 (06:10):
Uber headquarters in Pakistan that ask people to come over
and start driving Uber and make sure they never learn English.
Speaker 2 (06:20):
What can I tell you? But what a lawsuit? This is, man,
what a lawsuit?
Speaker 1 (06:23):
This is all right, We're gonna come back and we
will go ahead and take some phone calls after our
break in the meantime.
Speaker 2 (06:31):
This is handle on the law. Well, what time is
this sounds like No, it can't be the macarena, is it.
It's walk like an Egyptian. Oh, that's it, thanks Heather.
It's walk like an Egyptian.
Speaker 1 (06:46):
And you can talk like an Egyptian and you can
stoop like an Egyptian. I have no idea how that works.
All right, let's just show you how old I go.
See how old you are.
Speaker 2 (06:57):
I know I did out myself a little bit there, Yeah,
certainly did okay?
Speaker 1 (07:01):
Number here eight hundred five two zero one five three
four eight hundred five two zero one five four is
a number to call, and we do have lines open
and welcome back.
Speaker 2 (07:13):
There's plenty here.
Speaker 1 (07:14):
Welcome back to handle on the law marginal legal advice.
Speaker 2 (07:20):
Ellie, let's start with you. Hello, Ellie, Welcome.
Speaker 3 (07:23):
Hi Bill, thank you. This is in regards to an
inheritance that I have not received and it's been more
than ten years, and the trustee refuses to give it
to me. The executor of the estate. We are both beneficiaries,
and this person calls it their money. They're checking account
(07:45):
their inheritance.
Speaker 1 (07:46):
All right, So a few questions to ask you, Number one,
any particular reason you've been waiting ten years to deal
with this?
Speaker 4 (07:54):
Oh?
Speaker 3 (07:55):
I ask every year, and you ask.
Speaker 2 (07:57):
Every year how much money? How much money? We talking about.
Speaker 3 (08:02):
Couple of hundred thousand, and you say please, Well, I
say I want my money, and the other person, the executor,
says they don't need the money.
Speaker 1 (08:13):
Okay, I don't care about that. The executor says, no money.
And the next year you come back and say I
want my money. The executor tells you to pound sand.
You wait for another year to tell the executor you
want the money. A couple hundred thousand dollars, right, right.
Speaker 3 (08:31):
But also one of the things they said was they
want some jewelry that my mother had given me.
Speaker 1 (08:39):
Okay, was the jewelry? And well please, they're asking you
for the jewelry.
Speaker 3 (08:44):
Well, they said they deserve half of them.
Speaker 1 (08:46):
No, I mean, come on, they can say please, Elie,
they can say whatever they want. I mean, now we're
talking about people that are blowing smoke, pounding sand, and
you're letting them do that.
Speaker 2 (08:56):
So what you get to do.
Speaker 1 (08:58):
Is you hire a an a state lawyer, trust an
a state lawyer and go right after them.
Speaker 2 (09:04):
Because that's a lie.
Speaker 1 (09:05):
They're liable for that plus interest, and if they don't
have the money, then they're going to declare bankruptcy. But
I think you can get around that based on based
on their action. Uh, there is Yeah, this is ridiculous, Ellie.
I mean you know here, here's my opinion. Okay, Number one,
you have a good case. Uh. Number two, you waited
(09:29):
too long. Number three you were a complete more on
and so dumb. I can't believe it by waiting all
this time. Amazing all right, Mike, Hello, Mike, welcome.
Speaker 5 (09:42):
How's it going. Yes, the state of Maryland and recently was.
I was out on workers commonly for seven months, and
when I went back to work, they like put these
adverse changes on me and treat me like a new hire.
And like my original alfer would have said that I
was a work hours a week, but I was getting
forty five hours a week. And when I came back
(10:04):
from my leave, they changed my schedule from nine am
to are, from seven to four to nine to five
and imposed this mandatory Saturday shift. Well beforehand, like I've
never worked with saturdays like my entire yer.
Speaker 1 (10:17):
Okay, okay, so there's some stuff that they're allowed to do.
They can change hours unless you can prove they're changing
hours just to harm you. And so that one, I'm
going to argue is a little bit tough. Now, changing
your work conditions, what does that mean? What are they
doing to you that they didn't do before?
Speaker 5 (10:39):
Well, like they it's like they just did the whole
schedule change thing. It's like they put me from seven
to four, the mandatory saturdays all for letters stated occasional saturdays.
Speaker 1 (10:49):
And yeah, I know again that's sort of kind of iffy.
Does every do other people have mandatory saturdays?
Speaker 2 (10:57):
Or basically just you. Is it across the company, Well.
Speaker 5 (11:00):
It's among across a certain branch of the company, Okay.
Speaker 1 (11:04):
And how many others are getting hit with the same
mandatory saturdays as you are.
Speaker 5 (11:09):
There's like three others.
Speaker 2 (11:11):
Okay, all right, so that's pretty small.
Speaker 6 (11:14):
Uh.
Speaker 7 (11:16):
I assume it's a.
Speaker 5 (11:19):
Complaint with the Commission of Civil Rights in my state.
Speaker 1 (11:23):
Yeah, this is a civil rights Yeah, this is this
isn't civil rights at all? Your civil rights have not
been violated.
Speaker 5 (11:31):
Uh, retaliation from my disability.
Speaker 2 (11:34):
I don't know about the retaliation. You can file all
you want.
Speaker 1 (11:38):
Did you have I'm assuming you had an attorney on uh,
the workers comp disability.
Speaker 5 (11:43):
And I spoke with an employment attorney as well, like
one of the best in my area, and he said,
like they said that even an intake also at the
civil rights instead, that I have a strong prima facie case.
Speaker 1 (11:56):
Then why didn't they take premifacia? Then why didn't they
take it?
Speaker 5 (12:00):
They took it there. I'm waiting for the investigation start.
Speaker 2 (12:03):
Okay.
Speaker 1 (12:04):
So the attorney says, you, Obviously I don't agree with
the attorney, but I would take his opinion over my
opinion because that's what he does. And I'm sitting here
behind the microphone telling you what I don't know. That
is if an attorney who's the best one out there
is saying you've got a strong case, prima face is
on its face means we're looking at the facts and
(12:27):
right there it looks like there's a good case, then
there's nothing more to do.
Speaker 2 (12:32):
What do you what do you ask? You mean, Mike,
just one of these?
Speaker 5 (12:38):
You know, you know, it's if it's as good is
a good standing? You know what I mean?
Speaker 2 (12:43):
I don't know. I have no idea.
Speaker 1 (12:45):
The lawyer says you have a case, do you have
a good case? So yeah, I assume that would be
a a good case.
Speaker 2 (12:54):
Fair enough? All right, Lynetta, Hi, Linetta, welcome.
Speaker 8 (13:00):
There. Yeah, I'm calling from I'm in California and my
house is current. My house is in a trust to
be given to my son when I pass.
Speaker 1 (13:09):
Okay, so you're the trust. You're the trustee. Hold on
a minute, you're the trustee.
Speaker 8 (13:13):
Correct, Yes, I'm the trust Yes.
Speaker 1 (13:16):
Okay, well you're not. You don't own the trust. You
are the trust me, Yeah, I get it, I get it. Okay,
you're you control the trust okay, right.
Speaker 8 (13:24):
And my my son's the only beneficiary. So I'm we
currently just bought a house in California together, so my
name's on there, and I will am selling my house,
so I will be adding or be updating the address
when I get up there, because I'm going to build
the a d U and live on this property now,
(13:45):
is uh? And then when my son gets married and
in the event, you know, something happens and I passed
away and they get a divorce, will the house be
protected for him to keep the house or do? Yeah?
Speaker 1 (14:00):
Yeah, unless he unless he transfers ownership and brings the
wife in as an owner.
Speaker 2 (14:07):
And if you.
Speaker 1 (14:08):
Both forget about the trust at this point right now,
it's you and your son owning a house, correct, correct, Okay,
outside of the trust. The trust is not on title.
It's just you and your son, right okay. So trust
is gone. So trust is gone. That has nothing to
do with it. So the two of you own a
home and you want to build an ADU. Does your
(14:30):
son agree that the ADU is to be built?
Speaker 4 (14:34):
Yes?
Speaker 2 (14:34):
Okay, Well, if.
Speaker 1 (14:37):
You die, if it's joint tenancy, which is the way
it should be held on the property, because the ADU
simply becomes part of the property in other words, there
is a piece of property with a house, and now
there's piece of property with a house and an adu,
adu being a separate structure, which California now lets you build. Come,
you can't stop it. Yeah, it's it's his, it's his.
(15:00):
She has nothing to do with it, I know.
Speaker 8 (15:04):
But day say, in California, it doesn't matter what you
have before you get married. Once you get married and
then something happens, then everything's fifty to fifty.
Speaker 2 (15:11):
No, absolutely not.
Speaker 1 (15:13):
It's fifty to fifty only with money that was earned
and assets that were bought during the course of the
marriage before that. Any business that's owned now, the income
off that business certainly is community property.
Speaker 2 (15:28):
The business is not.
Speaker 1 (15:29):
If that house is rented and your son gets money,
then his purported wife would get half of the money
that he got. The property in and of itself stays
in his name. She has no claim to that whatsoever.
And so what you want to do is make damn
sure he wants to make damn sure he never ever
(15:53):
transfers the property into her name, and she's gonna.
Speaker 2 (15:57):
Go Please, if you really love me, you would do it. Yeah, Well,
that's when you don't do that.
Speaker 5 (16:02):
All right.
Speaker 1 (16:02):
Let me tell you about the Pain Game podcast. And
this is about a podcast. This podcast is about people
who live in pain. And it's hosted by someone who
I know, my wife, who has dealt with chronic pain.
She has a weird pain disease and she suffers. She
hurts twenty four to seven. And I watch this and
(16:25):
just it kills me because I'm hopeless. This is pain
that can't be explained. And she knows people who have
the same problem. You may know people, you may suffer
it yourself. I have a loved one, friends to treat people,
it doesn't matter. It is super hard to deal with.
And what she did is create this podcast to help
people and herself deal with pain. And what she came
(16:48):
up with and says, it's about giving pain purpose. There's
a purpose to this pain, and find it and use
it and make your life better. Don't just cave to
the pain. You can live a life. And that's what
the podcast is about. And so I'm going to suggest
you take a listen. If you have this kind of pain,
(17:08):
chronic pain, you know someone, you've treated, someone, you live
with someone, it doesn't matter. It's watching someone suffer and
it's horrific. This helps, it helps her, it helps you,
it helps your loved one. So listen to the Pain
Game Podcast. Wherever you listen to podcasts, the Pain Game
Podcast her social address or its social addresses at the
(17:32):
Pain Game Podcast, it's the Pain Game Podcast.
Speaker 2 (17:36):
This is Handle on the Law.
Speaker 5 (17:39):
You're listening to Bill Handle on demand from KFI AM six.
Speaker 1 (17:43):
Fortyfi Handle here on a Saturday morning. One more half
hour to go, and I will continue taking phone calls
after the show is over, and that's off the air
as you listen to the Tech Show with Rich Demurow,
and you will be able to talk to me. And
(18:04):
now I do these very quickly because we don't have commercials.
We don't have breaks or weather or traffic. What we
do news, we don't have It's just me and you.
So at the top of the hours, I lock out
and say goodbye. Just stay on the phone and I'll
explain that a little bit later on. Okay, this is
Handle on the Law Marginal legal advice where I tell
(18:26):
you you have no case. Chloe, Hello, Chloe, I have
a two part question, yes, ma'am.
Speaker 4 (18:35):
Part one, Part one, how do I find a workman
Federal Workman's comp Attorney? And part two, how do I
find a federal workman's comp attorney that doesn't want thousands
and thousands of dollars upfront?
Speaker 1 (18:47):
Okay, the first question, how do you find a federal
workers compensation attorney? Have you ever played hide and seek
where you go around the corner and go, hey, are
you a federal workers competition? All right, that's for starters.
They're not that easy to find. As a matter of fact,
I've never met one who does federal workers comp.
Speaker 2 (19:10):
Now I don't even know. And this is me completely ignorant.
Speaker 1 (19:15):
And that is worker's comp my opinion or my understanding.
Speaker 2 (19:21):
It's a state issue workers comp.
Speaker 1 (19:23):
I don't know, and you may know more than I
I do about a federal workers comp attorney.
Speaker 4 (19:28):
And if it is the federal government.
Speaker 1 (19:31):
Oh, they work for the federal government. And therefore, okay, no,
I understand. No, I understand clearly, because you want a
federal workers comp attorney, and here is the issue in
workers comp. Certainly I can only talk about the state
of California workers comp. Those attorneys are paid for by
(19:52):
the state. You don't pay for workers comp attorney.
Speaker 2 (19:56):
You don't are.
Speaker 1 (19:57):
Because the whole it's all statutory and they get a
percentage of the case automatically, and it's not very much.
Speaker 2 (20:04):
It's like thirteen percent.
Speaker 1 (20:06):
And so you have these work comp firms that they
do a lot of volume, that's what they do, and
the clients don't pay anything. Now on the federal side, man,
I have no idea how it works if there even
is a worker's comp on the federal level.
Speaker 2 (20:25):
So you can just get the research.
Speaker 1 (20:26):
You throw in a bunch of names or a bunch
of search words on your Google or whatever you're using,
and you throw in federal workers Comp attorney, and then
if you find one or two out there, then you
start talking about.
Speaker 2 (20:44):
Have they won?
Speaker 1 (20:45):
Have they not one? And if the case is it's
particularly complicated. You have no idea what happened to you
that you need one? Why do you want compensation? Or
you or your entitled compensation?
Speaker 4 (20:58):
So I was approved, I fell at work federal property
and this is several years ago, and they're giving me
a really hard time about reimbursement for hours and expenses.
Speaker 1 (21:14):
Okay, so you're still so you're still working for them,
and they're simply arguing, we're not going to pay you
for time off or we're not going.
Speaker 2 (21:24):
To pay you for whatever.
Speaker 1 (21:27):
We normally pay expenses expenses for what what?
Speaker 2 (21:30):
What are you asking for?
Speaker 4 (21:33):
There are times where I had to pay out of
pocket for care for urgent for urgent care visits, for
paying injections.
Speaker 1 (21:45):
Okay, And your insurance is with obviously the FEDS, and
is it supposed to cover all that and they're just
saying no, or are those items excluded?
Speaker 4 (21:56):
I'm just curious, correct, Yeah, they're just getting me a
really hard time about because I didn't go you know,
through their doctors or whatever, which aren't available on a Sunday.
Speaker 2 (22:09):
Right, Why did you have to go on a Sunday?
Why did you have to go on a Sunday?
Speaker 4 (22:14):
Well, like, if there are times where I had really
bad pain and I had to go into urgent care
for cair injections for pain, all right, And how much
wasn't there doctors?
Speaker 2 (22:26):
Okay? How much money are you talking about that year.
Speaker 4 (22:28):
Owed all together like with hours and stuff, about ten
twelve thousand dollars?
Speaker 2 (22:33):
All right?
Speaker 1 (22:34):
I don't know if it's a workers comp attorney that
you're talking about, you're simply going against the federal government
for effectively breach of contract that they should cover this.
So it's it's not work comp I don't believe that.
But again, you just you just go to the internet
(22:55):
and you start doing search words, and I think you're okay.
Speaker 2 (22:58):
And that's what I would.
Speaker 4 (22:59):
Do a regular personal interest.
Speaker 1 (23:04):
You know what, going against the federal government is in
and of itself a really interesting situation.
Speaker 2 (23:10):
Uh.
Speaker 1 (23:11):
The attorneys, the federal attorneys that I know are only
criminal justice attorneys that are federal. They specialize in federal
criminal justice. They're the ones that I know, and all
of them, I mean almost across the board. They worked
in the Department of Justice. They worked on the prosecutorial side,
(23:31):
and then they moved over.
Speaker 2 (23:33):
To the defense side.
Speaker 1 (23:34):
And that is the only relationship I have and I
don't know the other side of it. So just to
do what I would do, and it's real simple, and
just search around and then call me and say what
do you think of this person? And I'll tell you
I have absolutely no idea what this person does.
Speaker 2 (23:52):
I've never heard of this person.
Speaker 1 (23:54):
And because that's one of those things, usually I know
what's going on at least have an idea. Now do
I give specific recommendations.
Speaker 2 (24:03):
I don't.
Speaker 1 (24:04):
The only thing I do is I handle on the
Law dot com, which is personal injury, which a million
lawyers do, and that's a referral basis. And so if
you're injured, you go to handle on the Law dot com.
If you're injured by a for example, post office truck,
that gets a little bit trickier because you're going against
the federal government. But anyways, good luck and uh well.
Speaker 2 (24:27):
Actually I don't care, you know, enjoy yourself.
Speaker 1 (24:31):
This is handle on the Law, and this is I
can't find Doi'll handle here. It is the last segment
of the show. But don't worry about you not getting
your calls answered, because the way I work is at
the last segment of the show, I keep on answering
(24:52):
questions beyond the show, and that's off the air. And
what I do is I take your questions and there
are no breaks, no commercials, and no news, no weather,
no traffic, and no patience on my part.
Speaker 2 (25:06):
As you know, So you know, hang loose.
Speaker 1 (25:08):
And the number eight hundred and five two zero, one,
five three four is still the same number.
Speaker 2 (25:13):
All right, back we go. This is Handle on the
Law Marginal Legal Advice. Tom. Hello, Tom, you have a question.
Speaker 6 (25:25):
Hi Bill. Yeah, I had a situation where I rented
a box truck and I was in thousand dollars driving
down the road. There was a tree branch that was
hanging too low and I hit it with the truck. Now,
I took pictures and everything, and I submitted a claim
to the city. Of course, they denied it. My question
(25:47):
is is it worth pursuing this or am I just
going to spin on wheels because they have attorneys that
are just going to put all kinds of roadblocks in
the way.
Speaker 1 (25:55):
Okay, well, let's talk about how much damage occurred, dosuming
you weren't injured.
Speaker 5 (26:02):
I am I head insurance.
Speaker 6 (26:05):
I had insurance on the truck and my deductive was
two thousand. That's what Okay, So.
Speaker 2 (26:10):
You're suing the city for two thousand dollars.
Speaker 1 (26:12):
That's your out of pocket expense, and that's what you're
claiming that the city is responsible for. Okay, you make
a claim against the city, and you're right, absolutely, you're
going to be denied. Matter of fact, the city will
deny every single case I talk about. And half of
it's a joke and half of it isn't. Let's say
(26:32):
there is a city arborist, you know, the guys who
cut the branch off the branches off trees that are
on city property and you happen to be walking near
there and all of a sudden, the chainsaw flips off
and it takes.
Speaker 2 (26:45):
Off your leg.
Speaker 5 (26:47):
All right.
Speaker 1 (26:47):
Now, you would think that the city would be responsible
for that, and you may claim and the city says no.
And you ask the city, why would you say no
to that? Because you have another leg to hop on,
So therefore your damage isn't that great.
Speaker 2 (27:04):
That's the city. So of course they're going to.
Speaker 1 (27:07):
Say no, and then you appeal it, and you can
go all the way up and then once your appeals
are done, the way the law works is you have
to go through all of your administrative remedies.
Speaker 2 (27:20):
And this is what this is.
Speaker 1 (27:21):
This is an administrative remedy you are asking for.
Speaker 2 (27:25):
It's a civil issue.
Speaker 1 (27:26):
They're responsible, they have the upper they have the responsibility
to take care of their trees and they didn't. Now
what are the defenses. Well, how about this one, Tom,
you saw the damn branch. Why the hell didn't you
get out of the way. Okay, that's one, And you
(27:48):
can argue I didn't have a chance because we're cars
all over the place, and they go well, let's litigate
that one.
Speaker 2 (27:54):
You know what I would do on this. I would
go ahead and make your.
Speaker 1 (27:58):
Claim, get a deny, go all the way up that
you can, you appeal it, and whatever you do, then
the next appeal. And at that point you have two
thousand bucks and you see the city, you got nothing
to lose on that. You're going to sue in small
claims court. They may defend, they'll probably send some lawyer
to defend. And those arguments you're gonna make, and you're
(28:19):
gonna say, no, here it is. Here was the branch,
Here's how low it was hanging. It was impossible for
me to move out of the way because there was
traffic on both sides. They had a duty to keep
the streets safe and they breached that duty. And see
what happens. The worst that happens, you go to a
small claims court and you'll lose. Okay, so you're out.
Speaker 2 (28:42):
Yeah, go ahead.
Speaker 6 (28:45):
So I called him and I asked them why they
denied me, and they said that I left the scene,
which is not true because I actually I called the
police department. The police department transferred me to the city.
The city said they already knew about it. And said
do I need to stick around?
Speaker 1 (29:02):
They said no, Yeah, you know they're going to come
up with every reason in the book. I mean, you
don't even have to give me why they said no.
I'm surprised that they didn't say you don't need both legs.
You can still hop on one as a result.
Speaker 2 (29:19):
Of the injuries. So you know, in the end you
go up through it and is it worth it? Two
right off? Two thousand bucks? I don't know.
Speaker 1 (29:26):
It depends how wealthy you are. Two thousand dollars to
me is real money. Yeah, unless you have one of
those credit cards that pay for all that stuff. But
those are you know, do I have one of those
credit cards? I may very well have a credit card
that pays for everything and I pay six hundred bucks
a year, four or whatever, and I do that for miles.
Speaker 2 (29:46):
So you know that's where you go.
Speaker 1 (29:49):
You decide to take in the small claims court, they're
going to argue all Now you may win on the
way up, I mean, people do It depends on the
quote Administrative law judge, the independent judge Mark, welcome to
handle on the law.
Speaker 7 (30:05):
Thank you. I have a question about a house in
our neighborhood. It was sold about twenty twenty. They rented
it for a year. About twenty twenty two, they gutted
it out so it was empty access. It's a big lot.
Almost started to get into it, so then they put
a fence up. But right now it's got the fence,
(30:27):
it's just so overgrown, just an absolute eyesore to the neighborhood.
There's some coyoties that lived in there for a little bit,
so nobody in the surrounding houses could you know, go
in their backyard. I actually went to the county office
to see who is the actual title stop by, asked
them to clean it up. They haven't done anything. I'm
just wondering is there any kind of legal thing I.
Speaker 1 (30:49):
Can And there is there is, but it gets really complicated.
The problem is you're going to argue that number one,
it's sort of a kind of habitability events, but it's
the diminut diminuation of value of your property based on
what they're doing.
Speaker 2 (31:06):
Uh and uh that one.
Speaker 1 (31:08):
You know, how do you argue how much the property
has actually been diminished in value? Because you're talking about
the market, you're talking about comps. I would get building
and safety involved. When you said you went to the county.
Did you go to the Department of Building in Safety?
Speaker 5 (31:25):
Uh?
Speaker 7 (31:25):
So I went to were they, you know, the franchise
tax or the tax board that collects taxes. But I
did call them a couple of years back. The house
did have a permit. It's like they renew a permit.
Speaker 2 (31:36):
It doesn't matter. It doesn't matter, it doesn't matter.
Speaker 1 (31:39):
It may be in such an it may be it
may be completely unsafe. And then as far as overgrown
bushes and shrubs, that's under the city too, and uh
they people can do. The city can condemn that house
and they'll clean it up and send the owner a bill.
(31:59):
I mean, they're there's stuff to do. Going to the
franchise tax board means nothing. They don't care as long
as they're getting the property tax on it and it's
all being paid. And that's actually Is it the franchise
tax board that collects party tax?
Speaker 2 (32:11):
No, I don't think so. I think it's the county.
So that didn't help.
Speaker 1 (32:16):
Go to Building in Safety before you do anything else,
because you, I mean, the last thing you gonna do
is file lawsuit against these people and they're not going
to pay anyway, and you're gonna have to pay an attorney.
So that's what I would do, all right, before we bail. Oh,
first of all, let me tell you about Zelman's really quickly.
Now you know about bad breath that comes from morning
breath and drinking coffee, and if you smoke and you
(32:39):
eat garlic and onions and all of that, that's bad
breath and you have it in your mouth. But did
you know that a lot of bad breath comes from
your stomach where the foods you eat get churned up
and outcomes bad breath. And no mint in the world
takes care of that, and Zelman's does.
Speaker 2 (33:00):
Zelmans is the are these.
Speaker 1 (33:01):
Little capsules that are coated with a strong mint, and
when the mint part is gone gone, you stuck off
the mint and then you swallow her bite into the
capsules and they get to work in your stomach.
Speaker 2 (33:11):
Boy, are they effective. Nothing like them.
Speaker 1 (33:14):
I always keep Zelmans here at my studio, my disks.
A matter of fact, here's my package right here, and
I have another package right here, and another package right here,
and here's another one right here.
Speaker 2 (33:29):
Well there's only one, but this is radio, so I
can do that.
Speaker 1 (33:33):
The point is is that this is most effective way
I know to keep your breath fresh and clean for
hours and hours. Go to Zelmans dot com and use
the code KFI for fifteen percent off your first purchase.
You won't find it at Trader Joe's or Costco or Walmart.
You will find it at Zelmans dot com using the
(33:55):
code KFI for fifteen percent off your first purchase. Zelman
and z l M I n s Zelmans dot com.
And before we go, I am still gonna take phone
calls off the air. If you happen to be on
the on the phone right now, just stay around and
I'll be born happy to take your call. And then
(34:15):
as I walk out and say goodbye, hang on, and
if you have a question, call The number is eight
hundred five two zero one five three four. Eight hundred
five two zero one five three four and I zip
through those phone calls. So I'd love to have you
call eight hundred five two zero one five three four.
(34:39):
This is Handle on the Law.
Speaker 2 (34:42):
You've been listening to the Bill Handle Show.
Speaker 1 (34:44):
Catch My Show Monday through Friday six am to nine am,
and anytime on demand on the iHeartRadio app
You're listening to k I AM six forty, the Bill
Handles show on demand on the iHeartRadio.
Speaker 2 (00:06):
F It's can't Fine handle here. It's Saturday morning.
Speaker 1 (00:12):
I'm back from the vacation Wars. It was a fun vacation. Actually,
you know, I'd rather be here than where I was.
I was. I was on a cruise ship for half
the time and talking to people from all over the world,
and man, was that fun listening to what people cross
(00:33):
the world think of us, think of our political situation.
Speaker 2 (00:37):
Now, I've done a lot of this in my life.
Speaker 1 (00:39):
I have never seen what was going on, not only
here in the United States, but the way here in
the United States is perceived. The phone number for this
legal show is eight hundred five two zero one five
three four. Eight hundred five two zero one five three four.
That is the number to call, and we do have
(01:01):
lines open because it is the top of the hour,
and the top of the hour is always the best
time to call with lines being opened. Eight hundred five
two zero one five three four. You know, today was
a day where not a lot of phone calls. I mean,
obviously we have enough to do the show, but there
are some days where it's so jammed, we can't deal
(01:22):
with it and you can't get in for three hours.
And then there are days where it's pretty easy. Today
is pretty easy. Eight hundred five two zero one five
three four. Okay, this is a fun one. Welcome back
or welcome to handle on the law. Since twenty seventeen,
thousands of survivors have filed lawsuits sexual assault lawsuits against
(01:48):
Uber drivers. Well, there is, because obviously you've got Uber
drivers who are not screened other than are you a
good driver and do you have a reasonable new car
that's kept fairly clean and insurance? Ever, do they screen
if you are a complete cockroach and you assault women?
Speaker 2 (02:13):
Not unless you've been convicted. I don't even know that.
I think they do.
Speaker 1 (02:16):
Background checks to see if there are convictions. But there
are plenty of lawsuits from both drivers and riders who
have experienced sexual assault, harassment, even kidnapping, and so they've
all been put together and there is, well there are
(02:40):
a couple of experience. Ride share sexual assault attorneys has
gotten so big that there are now sub special subspecialty attorneys.
It's become its own subspecialty, and that is ride share
sexual assault attorneys. And so most of these cases against
(03:00):
Uber involved passengers with experienced sexual assault or harassment or
harm at the hands of Uber drivers. And here are
the allegations. And then I'll tell you what's been happening
as a result of that lack of safety measures, arguing
that Uber is vicariously liable for the action of his drivers.
(03:21):
Now keep in mind, the company had been able to
ascertain in itself and convince authorities that these are ten
ninety nine employees, that these are independent contractors. The company says, listen,
we just were. For example, I have a business, I
are a janitor, and the janitor goes ahead and abuses someone.
How's that my fault? Well, that's Uber's position. What the
(03:43):
survivor say, uh uh, Uber is liable for the actions
of its drivers. That the company was negligent because it
didn't implement appropriate safety measures, breach of contract, that they
failed to conduct adequate background checks for drivers, and not
(04:03):
allowing passengers to choose a preferred driver gender. Will they
change that one around? That's quick? And so is there
a lack of appropriate background checks? Well, the argument is,
we don't have a contract with you that we're going
to do that.
Speaker 2 (04:21):
That's not the contract. Well, this is an implicit contract.
Speaker 1 (04:25):
Part of the contract is that you, in fact do
that inadequate safety measures, complaints, safety features, misrepresented the safety
of the platform itself.
Speaker 2 (04:39):
Saying you didn't tell us how dangerous it is.
Speaker 1 (04:43):
Prioritization, prioritization of profit over safety. I don't know about
that one. I mean, you can argue that, but the
company said, we have a minimum level of safety, and
of course we have to talk about money because we
have to stay in business, and so they prioritized that's right.
Prioritize yeah, market growth and investor appeal over passenger safety. Nah,
(05:06):
that's a little bit. I don't know where that's going
to go. And the multidistrict litigation, there have been so
many of these file that that in and of itself
produces at least suspicion, which I don't know if that's
going to even be allowed in court, because I don't
know what that does for that particular case. Although you
(05:29):
don't know if it's going to fly or not, and
so what is Uber doing.
Speaker 2 (05:33):
Of course they're.
Speaker 1 (05:34):
Defending all of this saying no, no, no, but recently
it's just said women can't prefer women drivers, and I
think the other side is drivers can prefer only to.
Speaker 2 (05:47):
Drive women around.
Speaker 1 (05:49):
Now, since I don't even know the percentage of Uber
drivers that are men, I mean I use Uber, I
use Lyft, and the vast, vast majority of Uber drivers
are men who don't speak English. By the way, that's
another one, because for some reason.
Speaker 2 (06:06):
There is an uber.
Speaker 1 (06:10):
Uber headquarters in Pakistan that ask people to come over
and start driving Uber and make sure they never learn English.
Speaker 2 (06:20):
What can I tell you? But what a lawsuit? This is, man,
what a lawsuit?
Speaker 1 (06:23):
This is all right, We're gonna come back and we
will go ahead and take some phone calls after our
break in the meantime.
Speaker 2 (06:31):
This is handle on the law. Well, what time is
this sounds like No, it can't be the macarena, is it.
It's walk like an Egyptian. Oh, that's it, thanks Heather.
It's walk like an Egyptian.
Speaker 1 (06:46):
And you can talk like an Egyptian and you can
stoop like an Egyptian. I have no idea how that works.
All right, let's just show you how old I go.
See how old you are.
Speaker 2 (06:57):
I know I did out myself a little bit there, Yeah,
certainly did okay?
Speaker 1 (07:01):
Number here eight hundred five two zero one five three
four eight hundred five two zero one five four is
a number to call, and we do have lines open
and welcome back.
Speaker 2 (07:13):
There's plenty here.
Speaker 1 (07:14):
Welcome back to handle on the law marginal legal advice.
Speaker 2 (07:20):
Ellie, let's start with you. Hello, Ellie, Welcome.
Speaker 3 (07:23):
Hi Bill, thank you. This is in regards to an
inheritance that I have not received and it's been more
than ten years, and the trustee refuses to give it
to me. The executor of the estate. We are both beneficiaries,
and this person calls it their money. They're checking account
(07:45):
their inheritance.
Speaker 1 (07:46):
All right, So a few questions to ask you, Number one,
any particular reason you've been waiting ten years to deal
with this?
Speaker 4 (07:54):
Oh?
Speaker 3 (07:55):
I ask every year, and you ask.
Speaker 2 (07:57):
Every year how much money? How much money? We talking about.
Speaker 3 (08:02):
Couple of hundred thousand, and you say please, Well, I
say I want my money, and the other person, the executor,
says they don't need the money.
Speaker 1 (08:13):
Okay, I don't care about that. The executor says, no money.
And the next year you come back and say I
want my money. The executor tells you to pound sand.
You wait for another year to tell the executor you
want the money. A couple hundred thousand dollars, right, right.
Speaker 3 (08:31):
But also one of the things they said was they
want some jewelry that my mother had given me.
Speaker 1 (08:39):
Okay, was the jewelry? And well please, they're asking you
for the jewelry.
Speaker 3 (08:44):
Well, they said they deserve half of them.
Speaker 1 (08:46):
No, I mean, come on, they can say please, Elie,
they can say whatever they want. I mean, now we're
talking about people that are blowing smoke, pounding sand, and
you're letting them do that.
Speaker 2 (08:56):
So what you get to do.
Speaker 1 (08:58):
Is you hire a an a state lawyer, trust an
a state lawyer and go right after them.
Speaker 2 (09:04):
Because that's a lie.
Speaker 1 (09:05):
They're liable for that plus interest, and if they don't
have the money, then they're going to declare bankruptcy. But
I think you can get around that based on based
on their action. Uh, there is Yeah, this is ridiculous, Ellie.
I mean you know here, here's my opinion. Okay, Number one,
you have a good case. Uh. Number two, you waited
(09:29):
too long. Number three you were a complete more on
and so dumb. I can't believe it by waiting all
this time. Amazing all right, Mike, Hello, Mike, welcome.
Speaker 5 (09:42):
How's it going. Yes, the state of Maryland and recently was.
I was out on workers commonly for seven months, and
when I went back to work, they like put these
adverse changes on me and treat me like a new hire.
And like my original alfer would have said that I
was a work hours a week, but I was getting
forty five hours a week. And when I came back
(10:04):
from my leave, they changed my schedule from nine am
to are, from seven to four to nine to five
and imposed this mandatory Saturday shift. Well beforehand, like I've
never worked with saturdays like my entire yer.
Speaker 1 (10:17):
Okay, okay, so there's some stuff that they're allowed to do.
They can change hours unless you can prove they're changing
hours just to harm you. And so that one, I'm
going to argue is a little bit tough. Now, changing
your work conditions, what does that mean? What are they
doing to you that they didn't do before?
Speaker 5 (10:39):
Well, like they it's like they just did the whole
schedule change thing. It's like they put me from seven
to four, the mandatory saturdays all for letters stated occasional saturdays.
Speaker 1 (10:49):
And yeah, I know again that's sort of kind of iffy.
Does every do other people have mandatory saturdays?
Speaker 2 (10:57):
Or basically just you. Is it across the company, Well.
Speaker 5 (11:00):
It's among across a certain branch of the company, Okay.
Speaker 1 (11:04):
And how many others are getting hit with the same
mandatory saturdays as you are.
Speaker 5 (11:09):
There's like three others.
Speaker 2 (11:11):
Okay, all right, so that's pretty small.
Speaker 6 (11:14):
Uh.
Speaker 7 (11:16):
I assume it's a.
Speaker 5 (11:19):
Complaint with the Commission of Civil Rights in my state.
Speaker 1 (11:23):
Yeah, this is a civil rights Yeah, this is this
isn't civil rights at all? Your civil rights have not
been violated.
Speaker 5 (11:31):
Uh, retaliation from my disability.
Speaker 2 (11:34):
I don't know about the retaliation. You can file all
you want.
Speaker 1 (11:38):
Did you have I'm assuming you had an attorney on uh,
the workers comp disability.
Speaker 5 (11:43):
And I spoke with an employment attorney as well, like
one of the best in my area, and he said,
like they said that even an intake also at the
civil rights instead, that I have a strong prima facie case.
Speaker 1 (11:56):
Then why didn't they take premifacia? Then why didn't they
take it?
Speaker 5 (12:00):
They took it there. I'm waiting for the investigation start.
Speaker 2 (12:03):
Okay.
Speaker 1 (12:04):
So the attorney says, you, Obviously I don't agree with
the attorney, but I would take his opinion over my
opinion because that's what he does. And I'm sitting here
behind the microphone telling you what I don't know. That
is if an attorney who's the best one out there
is saying you've got a strong case, prima face is
on its face means we're looking at the facts and
(12:27):
right there it looks like there's a good case, then
there's nothing more to do.
Speaker 2 (12:32):
What do you what do you ask? You mean, Mike,
just one of these?
Speaker 5 (12:38):
You know, you know, it's if it's as good is
a good standing? You know what I mean?
Speaker 2 (12:43):
I don't know. I have no idea.
Speaker 1 (12:45):
The lawyer says you have a case, do you have
a good case? So yeah, I assume that would be
a a good case.
Speaker 2 (12:54):
Fair enough? All right, Lynetta, Hi, Linetta, welcome.
Speaker 8 (13:00):
There. Yeah, I'm calling from I'm in California and my
house is current. My house is in a trust to
be given to my son when I pass.
Speaker 1 (13:09):
Okay, so you're the trust. You're the trustee. Hold on
a minute, you're the trustee.
Speaker 8 (13:13):
Correct, Yes, I'm the trust Yes.
Speaker 1 (13:16):
Okay, well you're not. You don't own the trust. You
are the trust me, Yeah, I get it, I get it. Okay,
you're you control the trust okay, right.
Speaker 8 (13:24):
And my my son's the only beneficiary. So I'm we
currently just bought a house in California together, so my
name's on there, and I will am selling my house,
so I will be adding or be updating the address
when I get up there, because I'm going to build
the a d U and live on this property now,
(13:45):
is uh? And then when my son gets married and
in the event, you know, something happens and I passed
away and they get a divorce, will the house be
protected for him to keep the house or do? Yeah?
Speaker 1 (14:00):
Yeah, unless he unless he transfers ownership and brings the
wife in as an owner.
Speaker 2 (14:07):
And if you.
Speaker 1 (14:08):
Both forget about the trust at this point right now,
it's you and your son owning a house, correct, correct, Okay,
outside of the trust. The trust is not on title.
It's just you and your son, right okay. So trust
is gone. So trust is gone. That has nothing to
do with it. So the two of you own a
home and you want to build an ADU. Does your
(14:30):
son agree that the ADU is to be built?
Speaker 4 (14:34):
Yes?
Speaker 2 (14:34):
Okay, Well, if.
Speaker 1 (14:37):
You die, if it's joint tenancy, which is the way
it should be held on the property, because the ADU
simply becomes part of the property in other words, there
is a piece of property with a house, and now
there's piece of property with a house and an adu,
adu being a separate structure, which California now lets you build. Come,
you can't stop it. Yeah, it's it's his, it's his.
(15:00):
She has nothing to do with it, I know.
Speaker 8 (15:04):
But day say, in California, it doesn't matter what you
have before you get married. Once you get married and
then something happens, then everything's fifty to fifty.
Speaker 2 (15:11):
No, absolutely not.
Speaker 1 (15:13):
It's fifty to fifty only with money that was earned
and assets that were bought during the course of the
marriage before that. Any business that's owned now, the income
off that business certainly is community property.
Speaker 2 (15:28):
The business is not.
Speaker 1 (15:29):
If that house is rented and your son gets money,
then his purported wife would get half of the money
that he got. The property in and of itself stays
in his name. She has no claim to that whatsoever.
And so what you want to do is make damn
sure he wants to make damn sure he never ever
(15:53):
transfers the property into her name, and she's gonna.
Speaker 2 (15:57):
Go Please, if you really love me, you would do it. Yeah, Well,
that's when you don't do that.
Speaker 5 (16:02):
All right.
Speaker 1 (16:02):
Let me tell you about the Pain Game podcast. And
this is about a podcast. This podcast is about people
who live in pain. And it's hosted by someone who
I know, my wife, who has dealt with chronic pain.
She has a weird pain disease and she suffers. She
hurts twenty four to seven. And I watch this and
(16:25):
just it kills me because I'm hopeless. This is pain
that can't be explained. And she knows people who have
the same problem. You may know people, you may suffer
it yourself. I have a loved one, friends to treat people,
it doesn't matter. It is super hard to deal with.
And what she did is create this podcast to help
people and herself deal with pain. And what she came
(16:48):
up with and says, it's about giving pain purpose. There's
a purpose to this pain, and find it and use
it and make your life better. Don't just cave to
the pain. You can live a life. And that's what
the podcast is about. And so I'm going to suggest
you take a listen. If you have this kind of pain,
(17:08):
chronic pain, you know someone, you've treated, someone, you live
with someone, it doesn't matter. It's watching someone suffer and
it's horrific. This helps, it helps her, it helps you,
it helps your loved one. So listen to the Pain
Game Podcast. Wherever you listen to podcasts, the Pain Game
Podcast her social address or its social addresses at the
(17:32):
Pain Game Podcast, it's the Pain Game Podcast.
Speaker 2 (17:36):
This is Handle on the Law.
Speaker 5 (17:39):
You're listening to Bill Handle on demand from KFI AM six.
Speaker 1 (17:43):
Fortyfi Handle here on a Saturday morning. One more half
hour to go, and I will continue taking phone calls
after the show is over, and that's off the air
as you listen to the Tech Show with Rich Demurow,
and you will be able to talk to me. And
(18:04):
now I do these very quickly because we don't have commercials.
We don't have breaks or weather or traffic. What we
do news, we don't have It's just me and you.
So at the top of the hours, I lock out
and say goodbye. Just stay on the phone and I'll
explain that a little bit later on. Okay, this is
Handle on the Law Marginal legal advice where I tell
(18:26):
you you have no case. Chloe, Hello, Chloe, I have
a two part question, yes, ma'am.
Speaker 4 (18:35):
Part one, Part one, how do I find a workman
Federal Workman's comp Attorney? And part two, how do I
find a federal workman's comp attorney that doesn't want thousands
and thousands of dollars upfront?
Speaker 1 (18:47):
Okay, the first question, how do you find a federal
workers compensation attorney? Have you ever played hide and seek
where you go around the corner and go, hey, are
you a federal workers competition? All right, that's for starters.
They're not that easy to find. As a matter of fact,
I've never met one who does federal workers comp.
Speaker 2 (19:10):
Now I don't even know. And this is me completely ignorant.
Speaker 1 (19:15):
And that is worker's comp my opinion or my understanding.
Speaker 2 (19:21):
It's a state issue workers comp.
Speaker 1 (19:23):
I don't know, and you may know more than I
I do about a federal workers comp attorney.
Speaker 4 (19:28):
And if it is the federal government.
Speaker 1 (19:31):
Oh, they work for the federal government. And therefore, okay, no,
I understand. No, I understand clearly, because you want a
federal workers comp attorney, and here is the issue in
workers comp. Certainly I can only talk about the state
of California workers comp. Those attorneys are paid for by
(19:52):
the state. You don't pay for workers comp attorney.
Speaker 2 (19:56):
You don't are.
Speaker 1 (19:57):
Because the whole it's all statutory and they get a
percentage of the case automatically, and it's not very much.
Speaker 2 (20:04):
It's like thirteen percent.
Speaker 1 (20:06):
And so you have these work comp firms that they
do a lot of volume, that's what they do, and
the clients don't pay anything. Now on the federal side, man,
I have no idea how it works if there even
is a worker's comp on the federal level.
Speaker 2 (20:25):
So you can just get the research.
Speaker 1 (20:26):
You throw in a bunch of names or a bunch
of search words on your Google or whatever you're using,
and you throw in federal workers Comp attorney, and then
if you find one or two out there, then you
start talking about.
Speaker 2 (20:44):
Have they won?
Speaker 1 (20:45):
Have they not one? And if the case is it's
particularly complicated. You have no idea what happened to you
that you need one? Why do you want compensation? Or
you or your entitled compensation?
Speaker 4 (20:58):
So I was approved, I fell at work federal property
and this is several years ago, and they're giving me
a really hard time about reimbursement for hours and expenses.
Speaker 1 (21:14):
Okay, so you're still so you're still working for them,
and they're simply arguing, we're not going to pay you
for time off or we're not going.
Speaker 2 (21:24):
To pay you for whatever.
Speaker 1 (21:27):
We normally pay expenses expenses for what what?
Speaker 2 (21:30):
What are you asking for?
Speaker 4 (21:33):
There are times where I had to pay out of
pocket for care for urgent for urgent care visits, for
paying injections.
Speaker 1 (21:45):
Okay, And your insurance is with obviously the FEDS, and
is it supposed to cover all that and they're just
saying no, or are those items excluded?
Speaker 4 (21:56):
I'm just curious, correct, Yeah, they're just getting me a
really hard time about because I didn't go you know,
through their doctors or whatever, which aren't available on a Sunday.
Speaker 2 (22:09):
Right, Why did you have to go on a Sunday?
Why did you have to go on a Sunday?
Speaker 4 (22:14):
Well, like, if there are times where I had really
bad pain and I had to go into urgent care
for cair injections for pain, all right, And how much
wasn't there doctors?
Speaker 2 (22:26):
Okay? How much money are you talking about that year.
Speaker 4 (22:28):
Owed all together like with hours and stuff, about ten
twelve thousand dollars?
Speaker 2 (22:33):
All right?
Speaker 1 (22:34):
I don't know if it's a workers comp attorney that
you're talking about, you're simply going against the federal government
for effectively breach of contract that they should cover this.
So it's it's not work comp I don't believe that.
But again, you just you just go to the internet
(22:55):
and you start doing search words, and I think you're okay.
Speaker 2 (22:58):
And that's what I would.
Speaker 4 (22:59):
Do a regular personal interest.
Speaker 1 (23:04):
You know what, going against the federal government is in
and of itself a really interesting situation.
Speaker 2 (23:10):
Uh.
Speaker 1 (23:11):
The attorneys, the federal attorneys that I know are only
criminal justice attorneys that are federal. They specialize in federal
criminal justice. They're the ones that I know, and all
of them, I mean almost across the board. They worked
in the Department of Justice. They worked on the prosecutorial side,
(23:31):
and then they moved over.
Speaker 2 (23:33):
To the defense side.
Speaker 1 (23:34):
And that is the only relationship I have and I
don't know the other side of it. So just to
do what I would do, and it's real simple, and
just search around and then call me and say what
do you think of this person? And I'll tell you
I have absolutely no idea what this person does.
Speaker 2 (23:52):
I've never heard of this person.
Speaker 1 (23:54):
And because that's one of those things, usually I know
what's going on at least have an idea. Now do
I give specific recommendations.
Speaker 2 (24:03):
I don't.
Speaker 1 (24:04):
The only thing I do is I handle on the
Law dot com, which is personal injury, which a million
lawyers do, and that's a referral basis. And so if
you're injured, you go to handle on the Law dot com.
If you're injured by a for example, post office truck,
that gets a little bit trickier because you're going against
the federal government. But anyways, good luck and uh well.
Speaker 2 (24:27):
Actually I don't care, you know, enjoy yourself.
Speaker 1 (24:31):
This is handle on the Law, and this is I
can't find Doi'll handle here. It is the last segment
of the show. But don't worry about you not getting
your calls answered, because the way I work is at
the last segment of the show, I keep on answering
(24:52):
questions beyond the show, and that's off the air. And
what I do is I take your questions and there
are no breaks, no commercials, and no news, no weather,
no traffic, and no patience on my part.
Speaker 2 (25:06):
As you know, So you know, hang loose.
Speaker 1 (25:08):
And the number eight hundred and five two zero, one,
five three four is still the same number.
Speaker 2 (25:13):
All right, back we go. This is Handle on the
Law Marginal Legal Advice. Tom. Hello, Tom, you have a question.
Speaker 6 (25:25):
Hi Bill. Yeah, I had a situation where I rented
a box truck and I was in thousand dollars driving
down the road. There was a tree branch that was
hanging too low and I hit it with the truck. Now,
I took pictures and everything, and I submitted a claim
to the city. Of course, they denied it. My question
(25:47):
is is it worth pursuing this or am I just
going to spin on wheels because they have attorneys that
are just going to put all kinds of roadblocks in
the way.
Speaker 1 (25:55):
Okay, well, let's talk about how much damage occurred, dosuming
you weren't injured.
Speaker 5 (26:02):
I am I head insurance.
Speaker 6 (26:05):
I had insurance on the truck and my deductive was
two thousand. That's what Okay, So.
Speaker 2 (26:10):
You're suing the city for two thousand dollars.
Speaker 1 (26:12):
That's your out of pocket expense, and that's what you're
claiming that the city is responsible for. Okay, you make
a claim against the city, and you're right, absolutely, you're
going to be denied. Matter of fact, the city will
deny every single case I talk about. And half of
it's a joke and half of it isn't. Let's say
(26:32):
there is a city arborist, you know, the guys who
cut the branch off the branches off trees that are
on city property and you happen to be walking near
there and all of a sudden, the chainsaw flips off
and it takes.
Speaker 2 (26:45):
Off your leg.
Speaker 5 (26:47):
All right.
Speaker 1 (26:47):
Now, you would think that the city would be responsible
for that, and you may claim and the city says no.
And you ask the city, why would you say no
to that? Because you have another leg to hop on,
So therefore your damage isn't that great.
Speaker 2 (27:04):
That's the city. So of course they're going to.
Speaker 1 (27:07):
Say no, and then you appeal it, and you can
go all the way up and then once your appeals
are done, the way the law works is you have
to go through all of your administrative remedies.
Speaker 2 (27:20):
And this is what this is.
Speaker 1 (27:21):
This is an administrative remedy you are asking for.
Speaker 2 (27:25):
It's a civil issue.
Speaker 1 (27:26):
They're responsible, they have the upper they have the responsibility
to take care of their trees and they didn't. Now
what are the defenses. Well, how about this one, Tom,
you saw the damn branch. Why the hell didn't you
get out of the way. Okay, that's one, And you
(27:48):
can argue I didn't have a chance because we're cars
all over the place, and they go well, let's litigate
that one.
Speaker 2 (27:54):
You know what I would do on this. I would
go ahead and make your.
Speaker 1 (27:58):
Claim, get a deny, go all the way up that
you can, you appeal it, and whatever you do, then
the next appeal. And at that point you have two
thousand bucks and you see the city, you got nothing
to lose on that. You're going to sue in small
claims court. They may defend, they'll probably send some lawyer
to defend. And those arguments you're gonna make, and you're
(28:19):
gonna say, no, here it is. Here was the branch,
Here's how low it was hanging. It was impossible for
me to move out of the way because there was
traffic on both sides. They had a duty to keep
the streets safe and they breached that duty. And see
what happens. The worst that happens, you go to a
small claims court and you'll lose. Okay, so you're out.
Speaker 2 (28:42):
Yeah, go ahead.
Speaker 6 (28:45):
So I called him and I asked them why they
denied me, and they said that I left the scene,
which is not true because I actually I called the
police department. The police department transferred me to the city.
The city said they already knew about it. And said
do I need to stick around?
Speaker 1 (29:02):
They said no, Yeah, you know they're going to come
up with every reason in the book. I mean, you
don't even have to give me why they said no.
I'm surprised that they didn't say you don't need both legs.
You can still hop on one as a result.
Speaker 2 (29:19):
Of the injuries. So you know, in the end you
go up through it and is it worth it? Two
right off? Two thousand bucks? I don't know.
Speaker 1 (29:26):
It depends how wealthy you are. Two thousand dollars to
me is real money. Yeah, unless you have one of
those credit cards that pay for all that stuff. But
those are you know, do I have one of those
credit cards? I may very well have a credit card
that pays for everything and I pay six hundred bucks
a year, four or whatever, and I do that for miles.
Speaker 2 (29:46):
So you know that's where you go.
Speaker 1 (29:49):
You decide to take in the small claims court, they're
going to argue all Now you may win on the
way up, I mean, people do It depends on the
quote Administrative law judge, the independent judge Mark, welcome to
handle on the law.
Speaker 7 (30:05):
Thank you. I have a question about a house in
our neighborhood. It was sold about twenty twenty. They rented
it for a year. About twenty twenty two, they gutted
it out so it was empty access. It's a big lot.
Almost started to get into it, so then they put
a fence up. But right now it's got the fence,
(30:27):
it's just so overgrown, just an absolute eyesore to the neighborhood.
There's some coyoties that lived in there for a little bit,
so nobody in the surrounding houses could you know, go
in their backyard. I actually went to the county office
to see who is the actual title stop by, asked
them to clean it up. They haven't done anything. I'm
just wondering is there any kind of legal thing I.
Speaker 1 (30:49):
Can And there is there is, but it gets really complicated.
The problem is you're going to argue that number one,
it's sort of a kind of habitability events, but it's
the diminut diminuation of value of your property based on
what they're doing.
Speaker 2 (31:06):
Uh and uh that one.
Speaker 1 (31:08):
You know, how do you argue how much the property
has actually been diminished in value? Because you're talking about
the market, you're talking about comps. I would get building
and safety involved. When you said you went to the county.
Did you go to the Department of Building in Safety?
Speaker 5 (31:25):
Uh?
Speaker 7 (31:25):
So I went to were they, you know, the franchise
tax or the tax board that collects taxes. But I
did call them a couple of years back. The house
did have a permit. It's like they renew a permit.
Speaker 2 (31:36):
It doesn't matter. It doesn't matter, it doesn't matter.
Speaker 1 (31:39):
It may be in such an it may be it
may be completely unsafe. And then as far as overgrown
bushes and shrubs, that's under the city too, and uh
they people can do. The city can condemn that house
and they'll clean it up and send the owner a bill.
(31:59):
I mean, they're there's stuff to do. Going to the
franchise tax board means nothing. They don't care as long
as they're getting the property tax on it and it's
all being paid. And that's actually Is it the franchise
tax board that collects party tax?
Speaker 2 (32:11):
No, I don't think so. I think it's the county.
So that didn't help.
Speaker 1 (32:16):
Go to Building in Safety before you do anything else,
because you, I mean, the last thing you gonna do
is file lawsuit against these people and they're not going
to pay anyway, and you're gonna have to pay an attorney.
So that's what I would do, all right, before we bail. Oh,
first of all, let me tell you about Zelman's really quickly.
Now you know about bad breath that comes from morning
breath and drinking coffee, and if you smoke and you
(32:39):
eat garlic and onions and all of that, that's bad
breath and you have it in your mouth. But did
you know that a lot of bad breath comes from
your stomach where the foods you eat get churned up
and outcomes bad breath. And no mint in the world
takes care of that, and Zelman's does.
Speaker 2 (33:00):
Zelmans is the are these.
Speaker 1 (33:01):
Little capsules that are coated with a strong mint, and
when the mint part is gone gone, you stuck off
the mint and then you swallow her bite into the
capsules and they get to work in your stomach.
Speaker 2 (33:11):
Boy, are they effective. Nothing like them.
Speaker 1 (33:14):
I always keep Zelmans here at my studio, my disks.
A matter of fact, here's my package right here, and
I have another package right here, and another package right here,
and here's another one right here.
Speaker 2 (33:29):
Well there's only one, but this is radio, so I
can do that.
Speaker 1 (33:33):
The point is is that this is most effective way
I know to keep your breath fresh and clean for
hours and hours. Go to Zelmans dot com and use
the code KFI for fifteen percent off your first purchase.
You won't find it at Trader Joe's or Costco or Walmart.
You will find it at Zelmans dot com using the
(33:55):
code KFI for fifteen percent off your first purchase. Zelman
and z l M I n s Zelmans dot com.
And before we go, I am still gonna take phone
calls off the air. If you happen to be on
the on the phone right now, just stay around and
I'll be born happy to take your call. And then
(34:15):
as I walk out and say goodbye, hang on, and
if you have a question, call The number is eight
hundred five two zero one five three four. Eight hundred
five two zero one five three four and I zip
through those phone calls. So I'd love to have you
call eight hundred five two zero one five three four.
(34:39):
This is Handle on the Law.
Speaker 2 (34:42):
You've been listening to the Bill Handle Show.
Speaker 1 (34:44):
Catch My Show Monday through Friday six am to nine am,
and anytime on demand on the iHeartRadio app
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