October 18, 2025 • 37 mins
Handel on the Law. Marginal Legal Advice.
Handel handles your legal problems... You may need a 2nd opinion.
Just sayin'...
Handel handles your legal problems... You may need a 2nd opinion.
Just sayin'...
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Transcript
Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:00):
You're listening to KFI AM six forty the Bill Handles
show on demand on the iHeartRadio f This is KFI
AM six forty Bill Handle here on a Saturday morning,
last hour of the program and that ends, well, how
about this in an hour because this is the last hour. God,
(00:22):
I'm good today, you know, just good analysis. Coming up
at eleven o'clock it's Rich Demurrow with the Tech Show
and that's for three hours until two, and then Neil
Sebadram with the Fork Report.
Speaker 2 (00:36):
He is a Fork reporter.
Speaker 1 (00:38):
We do Foody Friday on Friday on my Monday through
Friday show, and he is with me of course the
entire show on Monday through Friday. Our phone number eight
hundred five to two zero one five three four. Eight
hundred five two zero one five three four. That's the
number to call. Welcome to Handle on the law Marginal
(01:01):
Legal Advice.
Speaker 2 (01:02):
I love lawsuits, as you know, I just you.
Speaker 1 (01:05):
Know, I just like litigation because it's except when I'm involved,
because it's interesting. You never know what the cases are about,
and they take spins. And here's what I want to
share with you. There's a lawsuit going on right now.
Speaker 2 (01:18):
JM.
Speaker 1 (01:19):
Smucker company Smuckers that have untouchables. Smuckers, excuse me, uncrustables
also untouchable because they're horrible. Anyway, they're suing Trader Joe's.
I don't know if Trader Joe's is national, maybe just
a regional, regional chain. It's a supermarket, but really interesting.
(01:41):
I love the way they do business, and they have
a lot of Trader Joe's labeled stuff. For example, they
have salsa, which is Trader jose I just like the
way they do business. Anyway, they have a product that
is very similar to us Smuckers uncrustables, and so Smuckers
(02:03):
is suing Trader Joe's. And here's what they're saying is
that the peanut butter and jelly sandwiches and these are
frozen sandwiches. I can't I don't even get peanut butter
and jelly sandwiches frozen, and the crusts are in fact
cut off because they're uncrustables. And Smucker saying that what
(02:24):
Trader Joe's doing it's way too close to design and
packaging that the uncrustables have.
Speaker 2 (02:33):
There's Trader Joe's. What they sell is too close.
Speaker 1 (02:37):
So the round crustless sandwiches, by the way, that Trader
joe sells has the same crimp markings. The piel like
crimp markings on the edges, just as Uncrustables do. Smucker
said the design violates its trademark the same blue color
it uses for the lettering on Uncrustables. Also, the Trader
(03:00):
Joe's boxes show a sandwich with a bite mark taken out,
very similar to what the Smucker and Crustables do. Interesting now,
the company said in the lawsuit, Smucker does not take
issue with others in the marketplace selling prepackaged frozen thaw
and eat crustless sandwiches.
Speaker 2 (03:20):
Even if it did, what are they going to do?
Speaker 1 (03:22):
I mean, that's not a violation, And it went and
then further it said, but we cannot allow others to
use Smucker's valuable intellectual property to make these sales, like
crimping the edge of a sandwich. That's valuable stuff. They
want restitution from Trader Joe's. I don't know what kind
(03:42):
of restitution and how far back it goes.
Speaker 2 (03:45):
I'd love to see that figure.
Speaker 1 (03:47):
And it wants the judge to require Trader Joe's to
deliver all the products all the packaging to Smucker to
be destroyed. Now, I can't imagine a judge would do
that because I would think, let's say I'm the judge
on this one, which of course i'll never be, And
even if I gave it to Smuckers, I would tell
(04:08):
Trader Joe's, okay, sell your products, finish selling your products,
and you can't do this anymore. And Trader Joe's it
doesn't take much to change the packaging. Let's say it's
just a different a different color, and you don't take
the bite mark, or you make it a different bite mark,
and let's say the crimping is not the same, you
(04:28):
don't have a violation. So Trader Joe's could also argue
that the crimping, for example, on its sandwich is simply functional.
Speaker 2 (04:40):
That's how we know finish off our sandwich.
Speaker 1 (04:43):
We crimp it, and that's not something that could be trademarked. Also,
Trader Joe's sandwiches, they say they're a little bit more
square than the encrustables, so the Smuckers people can't argue
that the shape isn't the same, or they can't argue
(05:04):
the shape is the same.
Speaker 2 (05:06):
Interesting, interesting way to.
Speaker 1 (05:07):
Go Okay, let's go ahead and take some phone calls here,
starting with Jim. Hello, Jim, welcome, Hello, Yeah, Jim, go ahead?
Speaker 2 (05:19):
Can you yeah? I can?
Speaker 3 (05:22):
Okay, thank you. How are you today, sir?
Speaker 2 (05:24):
I'm great? What can I do for you?
Speaker 3 (05:27):
Yeah? I live in South Arne County and an association
and I take minutely walks and I found out just
by Glands that there's a hillside in South Orange County
near the Kodo area that they put up a religious cross,
beautiful cross, and it's in the common area of the association.
(05:54):
And when I went to the board meeting to bring
it to their attention, they told me it's been there
since twenty eighteen into my own business, and I said, well,
it's breaking the law. Can't Why can't we move it
to a community park and put it on the association
(06:14):
agenda formal agenda and also put a Star of David
next to it so we can't get sued under the
state law that says that. And you could put up
religious monuments in your guard but you can't put them
in community areas.
Speaker 2 (06:32):
Why not? Where's the law that same way?
Speaker 1 (06:34):
Where's the law that says you can't put them in
community areas?
Speaker 3 (06:39):
There's a new lie says that all the homeowners must
vote on it.
Speaker 1 (06:43):
It's okay, But that's okay, and I'm not arguing that.
But where's the law that says you cannot put them
up in community areas because if the homeowners association, but
if the homeowners voted, you can put it up.
Speaker 3 (06:55):
That's right. I take that back. Okay, that's not what
I meant. I'm for across the memorial the kid that
died of cancer. I'm just saying that I'm worried that
our association, the home owners, will get sued because four
members of the board approved it without the whole community
(07:16):
sign off on it.
Speaker 2 (07:18):
Yeah, I don't know anything. You have to look at
the CCNR.
Speaker 1 (07:20):
You have to look at the CCNRS and how much
power the board the board has. Can the board do
that without a general election because I'll tell you the
ccn RS do not stay in there. They don't talk
about crosses and stars of David's and where you can
put up religious signals as religious signs that they don't
(07:44):
do not the CCNRS.
Speaker 2 (07:47):
So I don't know what your I don't know what
your question is.
Speaker 3 (07:50):
It says that you can't put stuff on common property
without a vote of the association.
Speaker 1 (07:55):
Okay, the entire association, right, yes, okay, all right, So okay,
I understand you want to put a star. You want
to put a star of David up there. I get it,
And the board is saying no. All right, So what
you get to do is sue.
Speaker 2 (08:10):
The board.
Speaker 1 (08:13):
And force the issue. Here's the problem. You get to
pay for a lawyer, and the association gets the lawyer,
and you get to pay for that too, because the
homeowners pay for representation of the association. So let's say
you just put up a star of David. They're going
to tear it down. Maybe I don't know, but it's
(08:36):
it depends on whether the CCNRS, the conditions that establish
the condo association allows them to do that. And if not, yeah,
it doesn't matter. It doesn't matter. Homeowners is homeowners and
they're basically the same. And then so you know if
(08:59):
they if they don't let you do it, and they
do let a cross goes up.
Speaker 2 (09:02):
Sue them.
Speaker 1 (09:04):
Well are you gonna do how how much does that
bother you that it's worth going to court for?
Speaker 4 (09:10):
It's not.
Speaker 3 (09:11):
I just don't want someone that doesn't want the thing
to be able to sue all the homeowners.
Speaker 1 (09:18):
Well they can, well, you know it doesn't it doesn't.
You know, they're not going to be able to sue
all the homeowners. Firstly, you sue the association, you sue
the h o A. And just because they don't want it,
they have you have the homeowners have the ability to
do that. So you know, it's not public land. So
the okay, I'm glad you're worried about that. It's it's
not going to happen. That was, I don't know, made
(09:40):
some sense somewhere. Okay, Uh, we're gonna take a break
and come back and continue continue on.
Speaker 2 (09:48):
With more handle on the law.
Speaker 1 (09:52):
Okay, if I handle here on a Saturday morning phone
number and we now have some lines open, we're pretty
good for a while there. I jammed up, but I
go through these pretty quickly. And that's why you know
we I'm saying you got to call it in because
I go through these very quickly. I don't have patience
with you good people.
Speaker 2 (10:11):
Eight hundred and.
Speaker 1 (10:11):
Five two zero one five three four eight hundred five
two zero one five three four.
Speaker 2 (10:20):
Beck, we go more handle on the law.
Speaker 1 (10:23):
Marginal legal advice where I tell you. You have no
case and hello Ann, welcome.
Speaker 5 (10:31):
Hi Bill. How are you.
Speaker 2 (10:32):
Yes, sir s'am, I'm horrible. What can I do for you?
Speaker 5 (10:35):
Yes, I have a house in the valley that was
built in the early fifties. Over the years it had
been expanded and grown, but it's not a third of
an acre and everything was approved by the city and
permits were all standing. A few years ago, my next
door neighbor came to me and said, you know, your
house is on our property.
Speaker 6 (10:56):
We had a survey.
Speaker 5 (10:57):
Done and I said, well, that's great, and they said,
write a check to me for fifty thousand dollars and
we'll call it quit. I said, now, I don't think
so let's talk to a lawyer. Back and forth with lawyers. Basically,
I have signed agreem notes from the previous owners of
both properties saying that the assumed borderline since the fifties
(11:23):
was a row of cypress trees that have been there forever,
and we were going on the basis of adverse procession
of the property. They kept fighting and fighting and they
gave up. So it stands in limbo on the county
records because they had a survey done. The borderline goes
(11:44):
through my house, but they have put up a wrought
iron fence on the assumed property line. My question is
I have a transfer on death deed that's filed with
the city and county so that it goes to my daughter,
and I have a prenup with my husband that gives
him no right to the property. Now with this question
(12:08):
on the border, will that affect my daughter when she
inherits the property.
Speaker 2 (12:12):
No, no, she's gonna inherit. That's not the point.
Speaker 1 (12:15):
The point is that that property line and adverse possession
because under the rules of adverse possession, you would be
able to grab the property. For those people that don't
what adverse possession is is exactly it. I'm taking possession
of the property and the road that you have abandoned
or you have not.
Speaker 2 (12:33):
Used, or you.
Speaker 1 (12:36):
Simply are not making claim or having made a claim
for years and years. And then the rules are have
you been using living the property?
Speaker 2 (12:44):
Yes?
Speaker 1 (12:45):
Have you been paying taxes on that property? Don't know
because it's the tax base the property, because taxes are
both land and structures, So we have to figure out.
Speaker 6 (12:57):
Right to the county.
Speaker 5 (12:58):
And they said the tax was based on the visible borders.
Speaker 2 (13:01):
When they are on the visible borders.
Speaker 1 (13:02):
Okay, then what you want to do is get the
county borders changed so it is legal. Boom unlet's they
give you an easement. But even then, you don't own it.
I think that you have to have the recording of
the property line changed to where it goes to.
Speaker 5 (13:23):
You won't do it because it costs both of us
like five dollars a piece.
Speaker 4 (13:29):
You know it.
Speaker 1 (13:30):
Fine, then you pay it because you're the one that's
claiming the property. You're you're the one that's saying I
wouldn't pay it if I'm going to lose. Let's say
I'm your neighbor, I'm not going to pay to help you.
Now if i'm if I'm fighting you.
Speaker 2 (13:46):
I have to pay.
Speaker 1 (13:48):
But you've got you've got to change that up. And
then then it seems that you do have a case
under adverse possession, which means you say that is your
property because you follow all of these rules or all
you that you've followed all the laws. So yeah, but
you're the inheritance. The inheritance isn't affected at all. Okay,
(14:09):
all right, nice talking to you. That was a that is.
Speaker 2 (14:11):
A pretty complicated case. Not bad Jerry, Hi, Jerry, welcome,
Hi Bill.
Speaker 4 (14:20):
Yeah, I've got a letter that I received from Canada
quote an attorney what I call the bar Association and
that province. They have no listing of them for claiming
they want to help me, uh with a thirtieth million
dollars uh a state, so I can claim part of it? Yeah?
Speaker 1 (14:44):
And what and what and how much and and how
much money do they want you to give them to
help them out?
Speaker 2 (14:50):
Help you out?
Speaker 4 (14:51):
Well, always say a letter percent go to charity.
Speaker 1 (14:56):
Yeah, okay, yeah, how about that? So? So wow, you're
looking at fifteen million dollars. Huh you think it's a scam, Jerry, Well,
of course it's a scam. Of course it's a scam.
Are you throw it in the trash? Is what you do?
Speaker 2 (15:13):
You know what you do with that document when they
send you the letter?
Speaker 1 (15:16):
I know what you can do is take a pair
of scissors and cut it into four inch squares and
then you put it in the bathroom just in case
you run out of toilet paper.
Speaker 2 (15:27):
Okay, that's what you do with that letter? Wow? How
about that? Rick?
Speaker 5 (15:35):
Hi?
Speaker 2 (15:35):
Rick, Welcome.
Speaker 3 (15:39):
Bill.
Speaker 6 (15:39):
I owned four condos in a ten unit condo building.
Can you hear me.
Speaker 2 (15:46):
Yeah I can.
Speaker 4 (15:46):
I'm listening, okay.
Speaker 6 (15:50):
And the building building burn down, and the HOA is
fighting with the HOA insurance company. We received one point
four million dollars. We're asking for three million dollars. The
question is I'm trying to get the HOA to knock
down the existing building so we can make some progress.
(16:11):
They're reticent on spending the money that they've already received
to move forward until entire litigation is completed.
Speaker 1 (16:22):
Okay, how many units are actually how many the units
are occupied? Out of those ten.
Speaker 6 (16:28):
Units, none of them are occupied. Now the building is
going to have to be scraped.
Speaker 2 (16:34):
Okay, got it?
Speaker 1 (16:35):
And there and and so the board is saying, we're
going to wait until the litigation is finished, all right,
And so what's your question?
Speaker 6 (16:42):
So I want to take the one point four million dollars,
scrape the building, pull the permits, scrape the building, get
an architect, and get the ball rolling. I mean, you
know how long this stuff takes you. It could be
two three more years.
Speaker 1 (16:56):
Well, I'm glad to hear that. You know, I understand that.
I understand you want to do that. So have you
brought that up with the board.
Speaker 6 (17:03):
Yeah, they don't have a backbone. And then okay, then you.
Speaker 2 (17:07):
Get to I suggest you get elected to the board
and you start this thing going unless you want.
Speaker 1 (17:16):
Unless you want to start a lawsuit and you pay
for the lawyer.
Speaker 2 (17:20):
Uh, and you go.
Speaker 1 (17:21):
In front of a judge where the judge is going
to order that the money is to be taken and
get the ball rolling, which the judge won't do because
the Homeowner Association really does have the power and the
courts give h o as a lot of deference.
Speaker 2 (17:39):
So you get to either file lawsuit, wait.
Speaker 1 (17:42):
And the esiest ways get elected on the board, you know,
run for the board and on your premise saying this
is my position, I want to get this going.
Speaker 2 (17:54):
That's what I would do. That's what I would do.
All right, you got it?
Speaker 1 (17:59):
Uh?
Speaker 2 (17:59):
All right.
Speaker 1 (18:00):
Before we take a break, a quick word about Zelman's
minty mouth. If you happen to have bad breath, and
believe me, you wake up in the morning, you have
morning breath. If you drink coffee like I do, it's
coffee breath or garlic onions.
Speaker 2 (18:12):
Come on.
Speaker 1 (18:13):
And if you happen to have that, which we all do,
sorry about that. Let me suggest Zelman's minty mouth. Now
notice I don't say minty mouth mint because it's far,
far more than a mint. These little capsules parsley seed
oil that are covered with mint. There is a mint
part of it that you pop two or three in
(18:34):
your mouth and the mint part has gone. You suck
that off, nice strong, minty flavor, and then you swallow
her bite into the capsules and they start to work
in your stomach, where bad breath can.
Speaker 2 (18:43):
Start, because where does the food go.
Speaker 1 (18:45):
You know, it goes down in your gut with the
burning and the churning and the acids, et cetera. So
Zelmans does that. No mint does that. So Zelmons. You
can't get it at Trader Joe's. You can't get it
at Costco or Walmart. Only get Zelmon dot com, Z
E L M I N S Zelmans dot com.
Speaker 2 (19:05):
Let's check in with well. First, this is Handle on
the Law.
Speaker 6 (19:10):
You're listening to Bill Handle on demand from kf I
A M six forty.
Speaker 1 (19:17):
T f I Handle here on a Saturday morning and
another half hour give or take to uh finish up
the show, and there's still phone calls to answer and
give you marginal legal advice. The number eight hundred five
two zero one five three four, and we do have
lines open for the first time in about an hour.
(19:37):
Eight hundred five two zero one five three four. That's
number to call. And then I'll jump right in, You'll
jump right in, and then we go crazy here. Eight
hundred five two zero one five three four. All right,
welcome back. Handle on the law marginal legal advice. Uh John,
(19:59):
Hello John, your.
Speaker 7 (20:02):
Hey baille.
Speaker 8 (20:03):
Yeah, I am not a licensed contractor. I was giving
a job to do, and now they're asking me for
a written warranty. I heard years ago that if I
do something like or if anybody does something like that,
they're impersonating a contractor and you could get in trouble.
Speaker 6 (20:17):
Is this true? Am I incorrect?
Speaker 1 (20:19):
Well, I mean you're impersonating a contractor just by doing
the job. And by the way, even if you're not
say and if you say that, I even if you
tell him you're a contractor, we're not a licensed contractor.
And they go, fine, we don't care about a license.
You still can't do it because you have to. You
have to be licensed to do five hundred dollars or
(20:41):
more worth of work. So do they know your license
or unlicensed.
Speaker 8 (20:47):
No, Well, the general contractor knows that I'm not licensed
and I'm working.
Speaker 2 (20:50):
Okay, wait are you hold on?
Speaker 1 (20:53):
You're wait wait wait, you're working under a general contractor, right.
Speaker 2 (20:58):
He brought me in? Yes, okay, and what do you do? Roofing?
Speaker 1 (21:05):
And they want a they want a written warranty from you? Right?
Speaker 3 (21:11):
Yes?
Speaker 2 (21:11):
Yeah?
Speaker 8 (21:11):
All right?
Speaker 1 (21:12):
Well, I mean it depends on whether you want to
give it to them or not. I've never heard of
getting out giving written warranties from subcontractors. But then again,
I don't know why it wouldn't happen. I would First
of all, you tell them go to the general contractor.
That's the contract you have. You don't have a contract
with me. Your contract is with a general not with
(21:33):
the homeowner.
Speaker 2 (21:35):
That's for starters. You don't have a contract with them.
Speaker 8 (21:37):
But the general Okay, the general. After as I started
working by there, two tell me, oh, well guess what.
Speaker 2 (21:43):
You're not working for me?
Speaker 3 (21:44):
No, the homewner.
Speaker 6 (21:45):
You're working on your own?
Speaker 1 (21:46):
Like what No, because you don't have a note, you
don't have a you don't have a contract. Did you
sign a contract with a contractor? Do you have any
kind of a written agreement?
Speaker 8 (21:57):
No?
Speaker 2 (21:58):
No, you're just doing it? Okay? How much? How big
is the job? How much money.
Speaker 9 (22:05):
I'm making?
Speaker 6 (22:05):
An amazingly four thousand dollars?
Speaker 2 (22:07):
Okay?
Speaker 1 (22:07):
Well uh yeah, yeah, yeah, there's a bunch.
Speaker 2 (22:13):
Of issues here.
Speaker 8 (22:14):
Thirty thirty three square jobs?
Speaker 2 (22:16):
Yeah, and you are you done with the job?
Speaker 4 (22:18):
Okay? To me?
Speaker 8 (22:19):
Yeah, no, I'm done with the job.
Speaker 4 (22:20):
That's me. Okay, so much?
Speaker 8 (22:21):
How much money I'm making?
Speaker 4 (22:22):
No?
Speaker 2 (22:23):
How big?
Speaker 8 (22:23):
But am I obligated to give him a no?
Speaker 2 (22:26):
No, no, you're not obligated. No, no you're not No, no,
you're if Have you been paid already?
Speaker 6 (22:32):
No?
Speaker 4 (22:32):
Not yet?
Speaker 2 (22:33):
Okay, Now you got a real interest in that.
Speaker 8 (22:36):
Yeah, I was done and okay.
Speaker 1 (22:40):
And they don't want to pay okay, and the contractor
is stiffing you unless you give him a warranty.
Speaker 8 (22:45):
But no, no, no, no, we haven't got We have
not gotten there yet.
Speaker 3 (22:48):
No.
Speaker 8 (22:48):
I've worked for this guy before and that never had
a problem. But soil now he wants to written guarantee
for the homeowner. And I'm like, I don't think I have.
Speaker 1 (22:55):
The Okay, so let me ask you you you have
no Okay, hold on a second, and John, you have
not gotten paid yet?
Speaker 2 (23:02):
Is that correct?
Speaker 8 (23:05):
That's correct, because I haven't officially finished the jo complete
that you have to paint the pipes and that's it.
Speaker 6 (23:09):
Then I'm done.
Speaker 2 (23:10):
Okay, Yeah, you got an issue.
Speaker 1 (23:12):
First of all, you're doing this illegally because you need
a roofer's contract. I believe contractor's license to do roofing,
and I know if that's true or not, you can
do it.
Speaker 2 (23:22):
A general can do it. I don't know if it turns.
Speaker 1 (23:24):
Out that you don't need a contractor's license, and you
can look that one up.
Speaker 2 (23:28):
I'm not talking about a general. I'm talking about roofing.
Speaker 1 (23:30):
You know, for example, if you're doing electrical work, you're
doing plumbing, you have to be licensed. If you are,
unless you're working directly for the contractor, and if your
deal is with the contractor you're just an employee of his,
then I think you can put the roof upon the general.
So here's the problem you've got, and that is if
you say no, then they're gonna say we're not paying you.
(23:55):
And so therefore you now get the sue in a
small claim suit. You get to sue the contractor. You
can't sue the homeowner because you don't have a contract
with a homeowner, verbal or written? And so what's gonna
what gives you all the power is number one? Do
you need a license to do roofing even as a
sub h And do you have any kind of an agreement?
(24:18):
And if it's all verbal, you got all kinds of issues. Yeah,
I mean you got Yeah. I can't answer that because
I don't know the exact relationship. Oh there you go.
What can I tell you? Oh it wasn't that good?
Now if that made any sense to you at all,
it made none to me.
Speaker 2 (24:33):
I just want to point that out. Uh go figure
Shannon Hi, Shannon.
Speaker 10 (24:40):
Hi, Bill, Just a quick question, Can you explain segregation
to me?
Speaker 2 (24:45):
I'm okay, yeah, got it. Okay, here's subrogation.
Speaker 1 (24:51):
You get into a car accident, for example, and it's
not your fault. And this will give me a quick
segue to a cheap, cheesy commercial for handle on the
Law dot Com where if you get into a car
accident it's not your fault, you go to handle on
the Law dot Com if you're injured. Okay, I'm done
with a cheesy pitch. Here's what subrogation is is usually
(25:15):
you go to your own insurance company and the other
side is at fault, but they're not paying you. And
there it is a huge hassle between you and the
insurance company. Your own insurance company pays you and then
takes the case against the other side. In other words,
they accept or you give them the right to sue
(25:38):
the other potter party. You suprogate your right to them.
So let me give you an example. Okay, I get
into a car accident and I'm not at fault, and
so the other side and and me.
Speaker 2 (25:52):
We're into this, this pissing match.
Speaker 1 (25:55):
They don't want to pay me. So I go to
my insurance company and I say, okay, hey, you're dealing
with this now. They pay me, and then they go
after the driver of the other side. That's subrogation. Okay,
someone simply takes your case usually it's an insurance company
almost always, and files to get their money back.
Speaker 2 (26:17):
What happened to you, by the way, you got a
car accident.
Speaker 10 (26:21):
Yeah, I got in the car accident. I gave it
all to my insurance company. They cut the check to
the other side, called me uh, and then filed suit
after the check was already mailed.
Speaker 1 (26:35):
You talked to your insurance company because you didn't what
do you mean they cut the check. You didn't agree
to it, did you?
Speaker 10 (26:42):
No?
Speaker 2 (26:42):
No, no, okay, yeah, yeah, I just talked to her.
Speaker 1 (26:44):
Yeah they Yeah, they're blowing smoke just because we cut
the check and we mailed it. Cut the check based
on what we didn't agree to anything. We're not negotiation.
That's when you turn over to your insur insurance company.
This is why God invented insurance companies. Okay, yeah, you're
gonna be fine. Yeah, you're gonna be fine. Insurance companies,
(27:05):
don't you just love them? Some are great, by the way,
there's some insurance companies that are terrific.
Speaker 2 (27:11):
And here's a cheap plug.
Speaker 1 (27:13):
I happen to be insured by Mercury Insurance and I've
gotten in a few fender benders, never any major accident.
But I gotta tell you they were great, you know,
came right to the table, helped out.
Speaker 2 (27:25):
I mean, they were just wonderful.
Speaker 1 (27:27):
Others or not, But then again, I didn't have one
hundred and fifty thousand dollars case either. You know, I'm
not a quadriplegic. We're going for millions of dollars and
then it gets really complicated.
Speaker 2 (27:38):
But they were pretty terrific.
Speaker 1 (27:41):
And so just to let you know, with insurance companies,
the less the damage is, the more cooperative they are.
Speaker 2 (27:51):
They love you.
Speaker 1 (27:52):
If you get into a fender bender and there's two
hundred dollars worth of damage, that's not an issue. You
get into a fender bender where not only the fen goes,
but the entire car is totaled and you end up
in the hospital and for example, you you're missing ahead, right,
or you come out of the hospital as a human
torso right, that's all you have.
Speaker 2 (28:13):
Legs and arms are gone.
Speaker 1 (28:14):
That's the case, and that's when it really boils.
Speaker 2 (28:18):
Down to some serious litigation.
Speaker 1 (28:22):
We'll be back. This is Handle on the Law. Hey,
M six forty Bill Handle here.
Speaker 2 (28:30):
Saturday morning.
Speaker 1 (28:31):
Hey, it's last segment of the Legal Show. But we
do have lines open, and so if you want to
jump in. Eight hundred five two zero one five three
four eight hundred five two zero one five three four.
Speaker 2 (28:45):
And welcome back Handle on the Law. James, you're up.
Welcome to the show. What can I do for you?
Speaker 9 (28:54):
Hey, uncle Bill? So, I was living out of my
vehicle because my mom's recent passing in the high desert
in Hysperia and not even driving the vehicle. I was
detained for questioning in Highland. They towed my tahoe from
Hysperia down to Highland back up to Hysperia, resulting in
(29:18):
a five hour tow bill of about two thousand dollars.
And I was told by the tow yard that they
didn't even look at my vehicle only in Hysperia. So
what should have only been ten minute tow resulted in
a five hour tow. They say I have to.
Speaker 3 (29:38):
Pay for right, okay?
Speaker 2 (29:40):
Hold on a couple of things.
Speaker 1 (29:41):
First of all, the police called the towyard correct, yes, okay,
and they do that. And because what did they say
you were in violation of that they had to grab
the car and tow it away.
Speaker 9 (29:57):
Did they say it a questioning about a an answer
event that happened in Highland?
Speaker 2 (30:09):
Okay?
Speaker 1 (30:11):
And what happened in Highland that they detained you and
questioned you about.
Speaker 9 (30:17):
A bomb scare that happened because I put a tracker
on my aunt's truck, which I admitted to and everything.
But my issue is.
Speaker 2 (30:32):
Yeah, no, I understand what your issue is.
Speaker 1 (30:34):
They didn't he didn't have to tow it five hours
and charge of two thousand dollars.
Speaker 2 (30:37):
I get that. So they're legally about to do this.
Did you is the car still in the towyard?
Speaker 9 (30:46):
Yeah, it's been there about two weeks now.
Speaker 1 (30:48):
Okay, well they charge you every day for storage too.
By the way, congratulations on that one. Yeah, yeah, you
got a mess on your hands. First of all, you
got to get the car out. Do you have two
thousand dollars?
Speaker 9 (31:00):
I don't know what American has two thousand dollars to
throw at a tobill.
Speaker 7 (31:03):
Yeah.
Speaker 1 (31:03):
Well, I'm no nobody wants to throw it now. Some
people have it. I mean, it could be a it's
a big hit for a lot of people. I mean, okay,
you don't have it, so man, Wow, you first have
to make a claim with the police on this one,
and you know, say it was taken illegally, but it
(31:24):
probably was taken legally and you just may and god,
you know, there's nothing easy about this one, James, because
everything was legal. I would argue they didn't have to
tow it to Hysperia.
Speaker 2 (31:42):
Yeah, you know what I think.
Speaker 9 (31:43):
I was told by the towyard that an officer came
to their yard to look at it because it was
placed on the evidence block and okay, but why not
in Highland?
Speaker 2 (31:57):
Like, yeah, no, I understand.
Speaker 1 (31:58):
The question is they understand they took the car instead
of a ten minute tow to a towyard. Now it
could be that there is no contractual arrangement between the
cops and a towyard in Hysperia.
Speaker 2 (32:12):
These are all done by contract.
Speaker 1 (32:15):
So you have toe companies that have a deal with
the police department and they call one of several or
just one, and the only place they have is five
hours away. And man, you know this is not easy.
You've got a huge mess on your hands. God, I
don't even know where to go on that. I really don't.
(32:38):
I know, I'm not going to go to Hysperia. Sorry
about that. I don't know what you do about that.
And I understand your frustration. I get it. If I
called me and asked that question and I told me
that I didn't know what the answer is to that one,
I would be upset with me. Al Hello, al welcome, Hey.
Speaker 7 (32:54):
How you doing Bill?
Speaker 2 (32:55):
Yes, sir?
Speaker 7 (32:57):
The question I have here was I got signed up
with my domestic partner and she passed away, and that
was in twenty twelve, so they gave me well prior
to that, you know, I received medical benefits then on
and all that, and then you know, I went through
the years of the process of trying to obtain the
(33:18):
survivor benefits and I finally got them. And then when
they gave them to me, they deposited the money in
my account for the back pay. And then they pulled
the money out.
Speaker 2 (33:32):
How much.
Speaker 7 (33:34):
Sixty one thousand?
Speaker 1 (33:35):
Okay, all right, So and they pulled the money out
based on the fact that they say, you are not eligible.
Speaker 7 (33:43):
Yeah, they said, I'm not well, they said, because we
signed up in twenty twelve with the State of California,
and State of California grant the domestic partnership, and then
the County of Los Angeles also accepted the domestic partnership,
and between that process, once she was still alive, I
got medical and dental benefits.
Speaker 2 (34:03):
Yeah, but what does the why did they why did
they say they're yanking it? Did they give you a reason?
Speaker 7 (34:09):
Because they said the law changed. They said the law
changed in twenty twenty, and they said that the state
of counts me.
Speaker 1 (34:17):
Boy, okay, I mean, you know, I have no idea
what the law is. I would do on its face,
I would think you are eligible and this is the
franchise tax board that took the money away or was
it the county who was.
Speaker 7 (34:29):
The County of Los Angeles got it.
Speaker 1 (34:31):
All right, So you get okay, here's what you get
to do. Obviously, you make a claim against the county.
They're gonna tell you to go pound sand. Then the
next step is for you to go to your county
supervisor and have the supervisor help you, because every supervisor
has a constituent relations person because they want you to
(34:51):
vote for that person.
Speaker 2 (34:53):
And after that, you make the claim.
Speaker 1 (34:57):
You're gonna appeal that claim because you're gonna lose, and
you're gonna appeal it again because you're gonna lose, and
at some point maybe you win on this one.
Speaker 2 (35:04):
Again.
Speaker 1 (35:04):
This is one of those ones that just is not
easy unfortunately. All right, I want to finish up with
talking about your bad breath. I wake up in the
morning and I have morning breath, and happened this morning.
So I go down and my dogs come up there
and they're all happy, and they come up to me
and they want to lick my face. And as soon
as they smell my breath, they actually start shrieking and
(35:28):
pulling back and just I have nothing to do with me.
It's a breath issue because they love me, and the
same thing happens with my wife. And the bottom line
is I have morning breath, and I have coffee breath,
and I love garlic and onions, and that causes all
this smelly, bad breath. And so let me suggest Zelman's
minty mouth. So you notice I don't use the word
(35:50):
minty mouth mint, although there is a mint. Part of
it is these little capsules that are covered with mint
parsley seed oil inside. So you pop two, two or
three in your mouth and then you suck on the
mint part and when that's done, you swallow her bite
into the capsules, and then the parsley seed goes to
work in your stomach. Why because where does all this
(36:11):
garlic and onion and coffee go.
Speaker 2 (36:13):
It goes into your stomach.
Speaker 1 (36:15):
And you know it smells in your stomach, and guess
where it comes out. Well, okay, let's talk about coming
out of your mouth. The other side of it is
a whole different conversation. So it comes out and you
have this bad breath that's caused by the food in
your stomach.
Speaker 2 (36:33):
Zelmans takes care of that.
Speaker 1 (36:35):
Now, no mint does that both your mouth and your stomach.
Speaker 2 (36:38):
Zelman's.
Speaker 1 (36:39):
And you won't find Zelmons at Trader Joe's, so you
won't find Zelmans at Walmart or Costco. Only at Zelmans
dot com. That Z E L M I N S.
Zelmans dot com. Zelmans dot com. This is Handle on
the Law.
Speaker 2 (37:00):
You've been listening to the Bill Handle Show.
Speaker 1 (37:01):
Catch my show Monday through Friday, six am to nine am,
and anytime on demand on the iHeartRadio app
You're listening to KFI AM six forty the Bill Handles
show on demand on the iHeartRadio f This is KFI
AM six forty Bill Handle here on a Saturday morning,
last hour of the program and that ends, well, how
about this in an hour because this is the last hour. God,
(00:22):
I'm good today, you know, just good analysis. Coming up
at eleven o'clock it's Rich Demurrow with the Tech Show
and that's for three hours until two, and then Neil
Sebadram with the Fork Report.
Speaker 2 (00:36):
He is a Fork reporter.
Speaker 1 (00:38):
We do Foody Friday on Friday on my Monday through
Friday show, and he is with me of course the
entire show on Monday through Friday. Our phone number eight
hundred five to two zero one five three four. Eight
hundred five two zero one five three four. That's the
number to call. Welcome to Handle on the law Marginal
(01:01):
Legal Advice.
Speaker 2 (01:02):
I love lawsuits, as you know, I just you.
Speaker 1 (01:05):
Know, I just like litigation because it's except when I'm involved,
because it's interesting. You never know what the cases are about,
and they take spins. And here's what I want to
share with you. There's a lawsuit going on right now.
Speaker 2 (01:18):
JM.
Speaker 1 (01:19):
Smucker company Smuckers that have untouchables. Smuckers, excuse me, uncrustables
also untouchable because they're horrible. Anyway, they're suing Trader Joe's.
I don't know if Trader Joe's is national, maybe just
a regional, regional chain. It's a supermarket, but really interesting.
(01:41):
I love the way they do business, and they have
a lot of Trader Joe's labeled stuff. For example, they
have salsa, which is Trader jose I just like the
way they do business. Anyway, they have a product that
is very similar to us Smuckers uncrustables, and so Smuckers
(02:03):
is suing Trader Joe's. And here's what they're saying is
that the peanut butter and jelly sandwiches and these are
frozen sandwiches. I can't I don't even get peanut butter
and jelly sandwiches frozen, and the crusts are in fact
cut off because they're uncrustables. And Smucker saying that what
(02:24):
Trader Joe's doing it's way too close to design and
packaging that the uncrustables have.
Speaker 2 (02:33):
There's Trader Joe's. What they sell is too close.
Speaker 1 (02:37):
So the round crustless sandwiches, by the way, that Trader
joe sells has the same crimp markings. The piel like
crimp markings on the edges, just as Uncrustables do. Smucker
said the design violates its trademark the same blue color
it uses for the lettering on Uncrustables. Also, the Trader
(03:00):
Joe's boxes show a sandwich with a bite mark taken out,
very similar to what the Smucker and Crustables do. Interesting now,
the company said in the lawsuit, Smucker does not take
issue with others in the marketplace selling prepackaged frozen thaw
and eat crustless sandwiches.
Speaker 2 (03:20):
Even if it did, what are they going to do?
Speaker 1 (03:22):
I mean, that's not a violation, And it went and
then further it said, but we cannot allow others to
use Smucker's valuable intellectual property to make these sales, like
crimping the edge of a sandwich. That's valuable stuff. They
want restitution from Trader Joe's. I don't know what kind
(03:42):
of restitution and how far back it goes.
Speaker 2 (03:45):
I'd love to see that figure.
Speaker 1 (03:47):
And it wants the judge to require Trader Joe's to
deliver all the products all the packaging to Smucker to
be destroyed. Now, I can't imagine a judge would do
that because I would think, let's say I'm the judge
on this one, which of course i'll never be, And
even if I gave it to Smuckers, I would tell
(04:08):
Trader Joe's, okay, sell your products, finish selling your products,
and you can't do this anymore. And Trader Joe's it
doesn't take much to change the packaging. Let's say it's
just a different a different color, and you don't take
the bite mark, or you make it a different bite mark,
and let's say the crimping is not the same, you
(04:28):
don't have a violation. So Trader Joe's could also argue
that the crimping, for example, on its sandwich is simply functional.
Speaker 2 (04:40):
That's how we know finish off our sandwich.
Speaker 1 (04:43):
We crimp it, and that's not something that could be trademarked. Also,
Trader Joe's sandwiches, they say they're a little bit more
square than the encrustables, so the Smuckers people can't argue
that the shape isn't the same, or they can't argue
(05:04):
the shape is the same.
Speaker 2 (05:06):
Interesting, interesting way to.
Speaker 1 (05:07):
Go Okay, let's go ahead and take some phone calls here,
starting with Jim. Hello, Jim, welcome, Hello, Yeah, Jim, go ahead?
Speaker 2 (05:19):
Can you yeah? I can?
Speaker 3 (05:22):
Okay, thank you. How are you today, sir?
Speaker 2 (05:24):
I'm great? What can I do for you?
Speaker 3 (05:27):
Yeah? I live in South Arne County and an association
and I take minutely walks and I found out just
by Glands that there's a hillside in South Orange County
near the Kodo area that they put up a religious cross,
beautiful cross, and it's in the common area of the association.
(05:54):
And when I went to the board meeting to bring
it to their attention, they told me it's been there
since twenty eighteen into my own business, and I said, well,
it's breaking the law. Can't Why can't we move it
to a community park and put it on the association
(06:14):
agenda formal agenda and also put a Star of David
next to it so we can't get sued under the
state law that says that. And you could put up
religious monuments in your guard but you can't put them
in community areas.
Speaker 2 (06:32):
Why not? Where's the law that same way?
Speaker 1 (06:34):
Where's the law that says you can't put them in
community areas?
Speaker 3 (06:39):
There's a new lie says that all the homeowners must
vote on it.
Speaker 1 (06:43):
It's okay, But that's okay, and I'm not arguing that.
But where's the law that says you cannot put them
up in community areas because if the homeowners association, but
if the homeowners voted, you can put it up.
Speaker 3 (06:55):
That's right. I take that back. Okay, that's not what
I meant. I'm for across the memorial the kid that
died of cancer. I'm just saying that I'm worried that
our association, the home owners, will get sued because four
members of the board approved it without the whole community
(07:16):
sign off on it.
Speaker 2 (07:18):
Yeah, I don't know anything. You have to look at
the CCNR.
Speaker 1 (07:20):
You have to look at the CCNRS and how much
power the board the board has. Can the board do
that without a general election because I'll tell you the
ccn RS do not stay in there. They don't talk
about crosses and stars of David's and where you can
put up religious signals as religious signs that they don't
(07:44):
do not the CCNRS.
Speaker 2 (07:47):
So I don't know what your I don't know what
your question is.
Speaker 3 (07:50):
It says that you can't put stuff on common property
without a vote of the association.
Speaker 1 (07:55):
Okay, the entire association, right, yes, okay, all right, So okay,
I understand you want to put a star. You want
to put a star of David up there. I get it,
And the board is saying no. All right, So what
you get to do is sue.
Speaker 2 (08:10):
The board.
Speaker 1 (08:13):
And force the issue. Here's the problem. You get to
pay for a lawyer, and the association gets the lawyer,
and you get to pay for that too, because the
homeowners pay for representation of the association. So let's say
you just put up a star of David. They're going
to tear it down. Maybe I don't know, but it's
(08:36):
it depends on whether the CCNRS, the conditions that establish
the condo association allows them to do that. And if not, yeah,
it doesn't matter. It doesn't matter. Homeowners is homeowners and
they're basically the same. And then so you know if
(08:59):
they if they don't let you do it, and they
do let a cross goes up.
Speaker 2 (09:02):
Sue them.
Speaker 1 (09:04):
Well are you gonna do how how much does that
bother you that it's worth going to court for?
Speaker 4 (09:10):
It's not.
Speaker 3 (09:11):
I just don't want someone that doesn't want the thing
to be able to sue all the homeowners.
Speaker 1 (09:18):
Well they can, well, you know it doesn't it doesn't.
You know, they're not going to be able to sue
all the homeowners. Firstly, you sue the association, you sue
the h o A. And just because they don't want it,
they have you have the homeowners have the ability to
do that. So you know, it's not public land. So
the okay, I'm glad you're worried about that. It's it's
not going to happen. That was, I don't know, made
(09:40):
some sense somewhere. Okay, Uh, we're gonna take a break
and come back and continue continue on.
Speaker 2 (09:48):
With more handle on the law.
Speaker 1 (09:52):
Okay, if I handle here on a Saturday morning phone
number and we now have some lines open, we're pretty
good for a while there. I jammed up, but I
go through these pretty quickly. And that's why you know
we I'm saying you got to call it in because
I go through these very quickly. I don't have patience
with you good people.
Speaker 2 (10:11):
Eight hundred and.
Speaker 1 (10:11):
Five two zero one five three four eight hundred five
two zero one five three four.
Speaker 2 (10:20):
Beck, we go more handle on the law.
Speaker 1 (10:23):
Marginal legal advice where I tell you. You have no
case and hello Ann, welcome.
Speaker 5 (10:31):
Hi Bill. How are you.
Speaker 2 (10:32):
Yes, sir s'am, I'm horrible. What can I do for you?
Speaker 5 (10:35):
Yes, I have a house in the valley that was
built in the early fifties. Over the years it had
been expanded and grown, but it's not a third of
an acre and everything was approved by the city and
permits were all standing. A few years ago, my next
door neighbor came to me and said, you know, your
house is on our property.
Speaker 6 (10:56):
We had a survey.
Speaker 5 (10:57):
Done and I said, well, that's great, and they said,
write a check to me for fifty thousand dollars and
we'll call it quit. I said, now, I don't think
so let's talk to a lawyer. Back and forth with lawyers. Basically,
I have signed agreem notes from the previous owners of
both properties saying that the assumed borderline since the fifties
(11:23):
was a row of cypress trees that have been there forever,
and we were going on the basis of adverse procession
of the property. They kept fighting and fighting and they
gave up. So it stands in limbo on the county
records because they had a survey done. The borderline goes
(11:44):
through my house, but they have put up a wrought
iron fence on the assumed property line. My question is
I have a transfer on death deed that's filed with
the city and county so that it goes to my daughter,
and I have a prenup with my husband that gives
him no right to the property. Now with this question
(12:08):
on the border, will that affect my daughter when she
inherits the property.
Speaker 2 (12:12):
No, no, she's gonna inherit. That's not the point.
Speaker 1 (12:15):
The point is that that property line and adverse possession
because under the rules of adverse possession, you would be
able to grab the property. For those people that don't
what adverse possession is is exactly it. I'm taking possession
of the property and the road that you have abandoned
or you have not.
Speaker 2 (12:33):
Used, or you.
Speaker 1 (12:36):
Simply are not making claim or having made a claim
for years and years. And then the rules are have
you been using living the property?
Speaker 2 (12:44):
Yes?
Speaker 1 (12:45):
Have you been paying taxes on that property? Don't know
because it's the tax base the property, because taxes are
both land and structures, So we have to figure out.
Speaker 6 (12:57):
Right to the county.
Speaker 5 (12:58):
And they said the tax was based on the visible borders.
Speaker 2 (13:01):
When they are on the visible borders.
Speaker 1 (13:02):
Okay, then what you want to do is get the
county borders changed so it is legal. Boom unlet's they
give you an easement. But even then, you don't own it.
I think that you have to have the recording of
the property line changed to where it goes to.
Speaker 5 (13:23):
You won't do it because it costs both of us
like five dollars a piece.
Speaker 4 (13:29):
You know it.
Speaker 1 (13:30):
Fine, then you pay it because you're the one that's
claiming the property. You're you're the one that's saying I
wouldn't pay it if I'm going to lose. Let's say
I'm your neighbor, I'm not going to pay to help you.
Now if i'm if I'm fighting you.
Speaker 2 (13:46):
I have to pay.
Speaker 1 (13:48):
But you've got you've got to change that up. And
then then it seems that you do have a case
under adverse possession, which means you say that is your
property because you follow all of these rules or all
you that you've followed all the laws. So yeah, but
you're the inheritance. The inheritance isn't affected at all. Okay,
(14:09):
all right, nice talking to you. That was a that is.
Speaker 2 (14:11):
A pretty complicated case. Not bad Jerry, Hi, Jerry, welcome,
Hi Bill.
Speaker 4 (14:20):
Yeah, I've got a letter that I received from Canada
quote an attorney what I call the bar Association and
that province. They have no listing of them for claiming
they want to help me, uh with a thirtieth million
dollars uh a state, so I can claim part of it? Yeah?
Speaker 1 (14:44):
And what and what and how much and and how
much money do they want you to give them to
help them out?
Speaker 2 (14:50):
Help you out?
Speaker 4 (14:51):
Well, always say a letter percent go to charity.
Speaker 1 (14:56):
Yeah, okay, yeah, how about that? So? So wow, you're
looking at fifteen million dollars. Huh you think it's a scam, Jerry, Well,
of course it's a scam. Of course it's a scam.
Are you throw it in the trash? Is what you do?
Speaker 2 (15:13):
You know what you do with that document when they
send you the letter?
Speaker 1 (15:16):
I know what you can do is take a pair
of scissors and cut it into four inch squares and
then you put it in the bathroom just in case
you run out of toilet paper.
Speaker 2 (15:27):
Okay, that's what you do with that letter? Wow? How
about that? Rick?
Speaker 5 (15:35):
Hi?
Speaker 2 (15:35):
Rick, Welcome.
Speaker 3 (15:39):
Bill.
Speaker 6 (15:39):
I owned four condos in a ten unit condo building.
Can you hear me.
Speaker 2 (15:46):
Yeah I can.
Speaker 4 (15:46):
I'm listening, okay.
Speaker 6 (15:50):
And the building building burn down, and the HOA is
fighting with the HOA insurance company. We received one point
four million dollars. We're asking for three million dollars. The
question is I'm trying to get the HOA to knock
down the existing building so we can make some progress.
(16:11):
They're reticent on spending the money that they've already received
to move forward until entire litigation is completed.
Speaker 1 (16:22):
Okay, how many units are actually how many the units
are occupied? Out of those ten.
Speaker 6 (16:28):
Units, none of them are occupied. Now the building is
going to have to be scraped.
Speaker 2 (16:34):
Okay, got it?
Speaker 1 (16:35):
And there and and so the board is saying, we're
going to wait until the litigation is finished, all right,
And so what's your question?
Speaker 6 (16:42):
So I want to take the one point four million dollars,
scrape the building, pull the permits, scrape the building, get
an architect, and get the ball rolling. I mean, you
know how long this stuff takes you. It could be
two three more years.
Speaker 1 (16:56):
Well, I'm glad to hear that. You know, I understand that.
I understand you want to do that. So have you
brought that up with the board.
Speaker 6 (17:03):
Yeah, they don't have a backbone. And then okay, then you.
Speaker 2 (17:07):
Get to I suggest you get elected to the board
and you start this thing going unless you want.
Speaker 1 (17:16):
Unless you want to start a lawsuit and you pay
for the lawyer.
Speaker 2 (17:20):
Uh, and you go.
Speaker 1 (17:21):
In front of a judge where the judge is going
to order that the money is to be taken and
get the ball rolling, which the judge won't do because
the Homeowner Association really does have the power and the
courts give h o as a lot of deference.
Speaker 2 (17:39):
So you get to either file lawsuit, wait.
Speaker 1 (17:42):
And the esiest ways get elected on the board, you know,
run for the board and on your premise saying this
is my position, I want to get this going.
Speaker 2 (17:54):
That's what I would do. That's what I would do.
All right, you got it?
Speaker 1 (17:59):
Uh?
Speaker 2 (17:59):
All right.
Speaker 1 (18:00):
Before we take a break, a quick word about Zelman's
minty mouth. If you happen to have bad breath, and
believe me, you wake up in the morning, you have
morning breath. If you drink coffee like I do, it's
coffee breath or garlic onions.
Speaker 2 (18:12):
Come on.
Speaker 1 (18:13):
And if you happen to have that, which we all do,
sorry about that. Let me suggest Zelman's minty mouth. Now
notice I don't say minty mouth mint because it's far,
far more than a mint. These little capsules parsley seed
oil that are covered with mint. There is a mint
part of it that you pop two or three in
(18:34):
your mouth and the mint part has gone. You suck
that off, nice strong, minty flavor, and then you swallow
her bite into the capsules and they start to work
in your stomach, where bad breath can.
Speaker 2 (18:43):
Start, because where does the food go.
Speaker 1 (18:45):
You know, it goes down in your gut with the
burning and the churning and the acids, et cetera. So
Zelmans does that. No mint does that. So Zelmons. You
can't get it at Trader Joe's. You can't get it
at Costco or Walmart. Only get Zelmon dot com, Z
E L M I N S Zelmans dot com.
Speaker 2 (19:05):
Let's check in with well. First, this is Handle on
the Law.
Speaker 6 (19:10):
You're listening to Bill Handle on demand from kf I
A M six forty.
Speaker 1 (19:17):
T f I Handle here on a Saturday morning and
another half hour give or take to uh finish up
the show, and there's still phone calls to answer and
give you marginal legal advice. The number eight hundred five
two zero one five three four, and we do have
lines open for the first time in about an hour.
(19:37):
Eight hundred five two zero one five three four. That's
number to call. And then I'll jump right in, You'll
jump right in, and then we go crazy here. Eight
hundred five two zero one five three four. All right,
welcome back. Handle on the law marginal legal advice. Uh John,
(19:59):
Hello John, your.
Speaker 7 (20:02):
Hey baille.
Speaker 8 (20:03):
Yeah, I am not a licensed contractor. I was giving
a job to do, and now they're asking me for
a written warranty. I heard years ago that if I
do something like or if anybody does something like that,
they're impersonating a contractor and you could get in trouble.
Speaker 6 (20:17):
Is this true? Am I incorrect?
Speaker 1 (20:19):
Well, I mean you're impersonating a contractor just by doing
the job. And by the way, even if you're not
say and if you say that, I even if you
tell him you're a contractor, we're not a licensed contractor.
And they go, fine, we don't care about a license.
You still can't do it because you have to. You
have to be licensed to do five hundred dollars or
(20:41):
more worth of work. So do they know your license
or unlicensed.
Speaker 8 (20:47):
No, Well, the general contractor knows that I'm not licensed
and I'm working.
Speaker 2 (20:50):
Okay, wait are you hold on?
Speaker 1 (20:53):
You're wait wait wait, you're working under a general contractor, right.
Speaker 2 (20:58):
He brought me in? Yes, okay, and what do you do? Roofing?
Speaker 1 (21:05):
And they want a they want a written warranty from you? Right?
Speaker 3 (21:11):
Yes?
Speaker 2 (21:11):
Yeah?
Speaker 8 (21:11):
All right?
Speaker 1 (21:12):
Well, I mean it depends on whether you want to
give it to them or not. I've never heard of
getting out giving written warranties from subcontractors. But then again,
I don't know why it wouldn't happen. I would First
of all, you tell them go to the general contractor.
That's the contract you have. You don't have a contract
with me. Your contract is with a general not with
(21:33):
the homeowner.
Speaker 2 (21:35):
That's for starters. You don't have a contract with them.
Speaker 8 (21:37):
But the general Okay, the general. After as I started
working by there, two tell me, oh, well guess what.
Speaker 2 (21:43):
You're not working for me?
Speaker 3 (21:44):
No, the homewner.
Speaker 6 (21:45):
You're working on your own?
Speaker 1 (21:46):
Like what No, because you don't have a note, you
don't have a you don't have a contract. Did you
sign a contract with a contractor? Do you have any
kind of a written agreement?
Speaker 8 (21:57):
No?
Speaker 2 (21:58):
No, you're just doing it? Okay? How much? How big
is the job? How much money.
Speaker 9 (22:05):
I'm making?
Speaker 6 (22:05):
An amazingly four thousand dollars?
Speaker 2 (22:07):
Okay?
Speaker 1 (22:07):
Well uh yeah, yeah, yeah, there's a bunch.
Speaker 2 (22:13):
Of issues here.
Speaker 8 (22:14):
Thirty thirty three square jobs?
Speaker 2 (22:16):
Yeah, and you are you done with the job?
Speaker 4 (22:18):
Okay? To me?
Speaker 8 (22:19):
Yeah, no, I'm done with the job.
Speaker 4 (22:20):
That's me. Okay, so much?
Speaker 8 (22:21):
How much money I'm making?
Speaker 4 (22:22):
No?
Speaker 2 (22:23):
How big?
Speaker 8 (22:23):
But am I obligated to give him a no?
Speaker 2 (22:26):
No, no, you're not obligated. No, no you're not No, no,
you're if Have you been paid already?
Speaker 6 (22:32):
No?
Speaker 4 (22:32):
Not yet?
Speaker 2 (22:33):
Okay, Now you got a real interest in that.
Speaker 8 (22:36):
Yeah, I was done and okay.
Speaker 1 (22:40):
And they don't want to pay okay, and the contractor
is stiffing you unless you give him a warranty.
Speaker 8 (22:45):
But no, no, no, no, we haven't got We have
not gotten there yet.
Speaker 3 (22:48):
No.
Speaker 8 (22:48):
I've worked for this guy before and that never had
a problem. But soil now he wants to written guarantee
for the homeowner. And I'm like, I don't think I have.
Speaker 1 (22:55):
The Okay, so let me ask you you you have
no Okay, hold on a second, and John, you have
not gotten paid yet?
Speaker 2 (23:02):
Is that correct?
Speaker 8 (23:05):
That's correct, because I haven't officially finished the jo complete
that you have to paint the pipes and that's it.
Speaker 6 (23:09):
Then I'm done.
Speaker 2 (23:10):
Okay, Yeah, you got an issue.
Speaker 1 (23:12):
First of all, you're doing this illegally because you need
a roofer's contract. I believe contractor's license to do roofing,
and I know if that's true or not, you can
do it.
Speaker 2 (23:22):
A general can do it. I don't know if it turns.
Speaker 1 (23:24):
Out that you don't need a contractor's license, and you
can look that one up.
Speaker 2 (23:28):
I'm not talking about a general. I'm talking about roofing.
Speaker 1 (23:30):
You know, for example, if you're doing electrical work, you're
doing plumbing, you have to be licensed. If you are,
unless you're working directly for the contractor, and if your
deal is with the contractor you're just an employee of his,
then I think you can put the roof upon the general.
So here's the problem you've got, and that is if
you say no, then they're gonna say we're not paying you.
(23:55):
And so therefore you now get the sue in a
small claim suit. You get to sue the contractor. You
can't sue the homeowner because you don't have a contract
with a homeowner, verbal or written? And so what's gonna
what gives you all the power is number one? Do
you need a license to do roofing even as a
sub h And do you have any kind of an agreement?
(24:18):
And if it's all verbal, you got all kinds of issues. Yeah,
I mean you got Yeah. I can't answer that because
I don't know the exact relationship. Oh there you go.
What can I tell you? Oh it wasn't that good?
Now if that made any sense to you at all,
it made none to me.
Speaker 2 (24:33):
I just want to point that out. Uh go figure
Shannon Hi, Shannon.
Speaker 10 (24:40):
Hi, Bill, Just a quick question, Can you explain segregation
to me?
Speaker 2 (24:45):
I'm okay, yeah, got it. Okay, here's subrogation.
Speaker 1 (24:51):
You get into a car accident, for example, and it's
not your fault. And this will give me a quick
segue to a cheap, cheesy commercial for handle on the
Law dot Com where if you get into a car
accident it's not your fault, you go to handle on
the Law dot Com if you're injured. Okay, I'm done
with a cheesy pitch. Here's what subrogation is is usually
(25:15):
you go to your own insurance company and the other
side is at fault, but they're not paying you. And
there it is a huge hassle between you and the
insurance company. Your own insurance company pays you and then
takes the case against the other side. In other words,
they accept or you give them the right to sue
(25:38):
the other potter party. You suprogate your right to them.
So let me give you an example. Okay, I get
into a car accident and I'm not at fault, and
so the other side and and me.
Speaker 2 (25:52):
We're into this, this pissing match.
Speaker 1 (25:55):
They don't want to pay me. So I go to
my insurance company and I say, okay, hey, you're dealing
with this now. They pay me, and then they go
after the driver of the other side. That's subrogation. Okay,
someone simply takes your case usually it's an insurance company
almost always, and files to get their money back.
Speaker 2 (26:17):
What happened to you, by the way, you got a
car accident.
Speaker 10 (26:21):
Yeah, I got in the car accident. I gave it
all to my insurance company. They cut the check to
the other side, called me uh, and then filed suit
after the check was already mailed.
Speaker 1 (26:35):
You talked to your insurance company because you didn't what
do you mean they cut the check. You didn't agree
to it, did you?
Speaker 10 (26:42):
No?
Speaker 2 (26:42):
No, no, okay, yeah, yeah, I just talked to her.
Speaker 1 (26:44):
Yeah they Yeah, they're blowing smoke just because we cut
the check and we mailed it. Cut the check based
on what we didn't agree to anything. We're not negotiation.
That's when you turn over to your insur insurance company.
This is why God invented insurance companies. Okay, yeah, you're
gonna be fine. Yeah, you're gonna be fine. Insurance companies,
(27:05):
don't you just love them? Some are great, by the way,
there's some insurance companies that are terrific.
Speaker 2 (27:11):
And here's a cheap plug.
Speaker 1 (27:13):
I happen to be insured by Mercury Insurance and I've
gotten in a few fender benders, never any major accident.
But I gotta tell you they were great, you know,
came right to the table, helped out.
Speaker 2 (27:25):
I mean, they were just wonderful.
Speaker 1 (27:27):
Others or not, But then again, I didn't have one
hundred and fifty thousand dollars case either. You know, I'm
not a quadriplegic. We're going for millions of dollars and
then it gets really complicated.
Speaker 2 (27:38):
But they were pretty terrific.
Speaker 1 (27:41):
And so just to let you know, with insurance companies,
the less the damage is, the more cooperative they are.
Speaker 2 (27:51):
They love you.
Speaker 1 (27:52):
If you get into a fender bender and there's two
hundred dollars worth of damage, that's not an issue. You
get into a fender bender where not only the fen goes,
but the entire car is totaled and you end up
in the hospital and for example, you you're missing ahead, right,
or you come out of the hospital as a human
torso right, that's all you have.
Speaker 2 (28:13):
Legs and arms are gone.
Speaker 1 (28:14):
That's the case, and that's when it really boils.
Speaker 2 (28:18):
Down to some serious litigation.
Speaker 1 (28:22):
We'll be back. This is Handle on the Law. Hey,
M six forty Bill Handle here.
Speaker 2 (28:30):
Saturday morning.
Speaker 1 (28:31):
Hey, it's last segment of the Legal Show. But we
do have lines open, and so if you want to
jump in. Eight hundred five two zero one five three
four eight hundred five two zero one five three four.
Speaker 2 (28:45):
And welcome back Handle on the Law. James, you're up.
Welcome to the show. What can I do for you?
Speaker 9 (28:54):
Hey, uncle Bill? So, I was living out of my
vehicle because my mom's recent passing in the high desert
in Hysperia and not even driving the vehicle. I was
detained for questioning in Highland. They towed my tahoe from
Hysperia down to Highland back up to Hysperia, resulting in
(29:18):
a five hour tow bill of about two thousand dollars.
And I was told by the tow yard that they
didn't even look at my vehicle only in Hysperia. So
what should have only been ten minute tow resulted in
a five hour tow. They say I have to.
Speaker 3 (29:38):
Pay for right, okay?
Speaker 2 (29:40):
Hold on a couple of things.
Speaker 1 (29:41):
First of all, the police called the towyard correct, yes, okay,
and they do that. And because what did they say
you were in violation of that they had to grab
the car and tow it away.
Speaker 9 (29:57):
Did they say it a questioning about a an answer
event that happened in Highland?
Speaker 2 (30:09):
Okay?
Speaker 1 (30:11):
And what happened in Highland that they detained you and
questioned you about.
Speaker 9 (30:17):
A bomb scare that happened because I put a tracker
on my aunt's truck, which I admitted to and everything.
But my issue is.
Speaker 2 (30:32):
Yeah, no, I understand what your issue is.
Speaker 1 (30:34):
They didn't he didn't have to tow it five hours
and charge of two thousand dollars.
Speaker 2 (30:37):
I get that. So they're legally about to do this.
Did you is the car still in the towyard?
Speaker 9 (30:46):
Yeah, it's been there about two weeks now.
Speaker 1 (30:48):
Okay, well they charge you every day for storage too.
By the way, congratulations on that one. Yeah, yeah, you
got a mess on your hands. First of all, you
got to get the car out. Do you have two
thousand dollars?
Speaker 9 (31:00):
I don't know what American has two thousand dollars to
throw at a tobill.
Speaker 7 (31:03):
Yeah.
Speaker 1 (31:03):
Well, I'm no nobody wants to throw it now. Some
people have it. I mean, it could be a it's
a big hit for a lot of people. I mean, okay,
you don't have it, so man, Wow, you first have
to make a claim with the police on this one,
and you know, say it was taken illegally, but it
(31:24):
probably was taken legally and you just may and god,
you know, there's nothing easy about this one, James, because
everything was legal. I would argue they didn't have to
tow it to Hysperia.
Speaker 2 (31:42):
Yeah, you know what I think.
Speaker 9 (31:43):
I was told by the towyard that an officer came
to their yard to look at it because it was
placed on the evidence block and okay, but why not
in Highland?
Speaker 2 (31:57):
Like, yeah, no, I understand.
Speaker 1 (31:58):
The question is they understand they took the car instead
of a ten minute tow to a towyard. Now it
could be that there is no contractual arrangement between the
cops and a towyard in Hysperia.
Speaker 2 (32:12):
These are all done by contract.
Speaker 1 (32:15):
So you have toe companies that have a deal with
the police department and they call one of several or
just one, and the only place they have is five
hours away. And man, you know this is not easy.
You've got a huge mess on your hands. God, I
don't even know where to go on that. I really don't.
(32:38):
I know, I'm not going to go to Hysperia. Sorry
about that. I don't know what you do about that.
And I understand your frustration. I get it. If I
called me and asked that question and I told me
that I didn't know what the answer is to that one,
I would be upset with me. Al Hello, al welcome, Hey.
Speaker 7 (32:54):
How you doing Bill?
Speaker 2 (32:55):
Yes, sir?
Speaker 7 (32:57):
The question I have here was I got signed up
with my domestic partner and she passed away, and that
was in twenty twelve, so they gave me well prior
to that, you know, I received medical benefits then on
and all that, and then you know, I went through
the years of the process of trying to obtain the
(33:18):
survivor benefits and I finally got them. And then when
they gave them to me, they deposited the money in
my account for the back pay. And then they pulled
the money out.
Speaker 2 (33:32):
How much.
Speaker 7 (33:34):
Sixty one thousand?
Speaker 1 (33:35):
Okay, all right, So and they pulled the money out
based on the fact that they say, you are not eligible.
Speaker 7 (33:43):
Yeah, they said, I'm not well, they said, because we
signed up in twenty twelve with the State of California,
and State of California grant the domestic partnership, and then
the County of Los Angeles also accepted the domestic partnership,
and between that process, once she was still alive, I
got medical and dental benefits.
Speaker 2 (34:03):
Yeah, but what does the why did they why did
they say they're yanking it? Did they give you a reason?
Speaker 7 (34:09):
Because they said the law changed. They said the law
changed in twenty twenty, and they said that the state
of counts me.
Speaker 1 (34:17):
Boy, okay, I mean, you know, I have no idea
what the law is. I would do on its face,
I would think you are eligible and this is the
franchise tax board that took the money away or was
it the county who was.
Speaker 7 (34:29):
The County of Los Angeles got it.
Speaker 1 (34:31):
All right, So you get okay, here's what you get
to do. Obviously, you make a claim against the county.
They're gonna tell you to go pound sand. Then the
next step is for you to go to your county
supervisor and have the supervisor help you, because every supervisor
has a constituent relations person because they want you to
(34:51):
vote for that person.
Speaker 2 (34:53):
And after that, you make the claim.
Speaker 1 (34:57):
You're gonna appeal that claim because you're gonna lose, and
you're gonna appeal it again because you're gonna lose, and
at some point maybe you win on this one.
Speaker 2 (35:04):
Again.
Speaker 1 (35:04):
This is one of those ones that just is not
easy unfortunately. All right, I want to finish up with
talking about your bad breath. I wake up in the
morning and I have morning breath, and happened this morning.
So I go down and my dogs come up there
and they're all happy, and they come up to me
and they want to lick my face. And as soon
as they smell my breath, they actually start shrieking and
(35:28):
pulling back and just I have nothing to do with me.
It's a breath issue because they love me, and the
same thing happens with my wife. And the bottom line
is I have morning breath, and I have coffee breath,
and I love garlic and onions, and that causes all
this smelly, bad breath. And so let me suggest Zelman's
minty mouth. So you notice I don't use the word
(35:50):
minty mouth mint, although there is a mint. Part of
it is these little capsules that are covered with mint
parsley seed oil inside. So you pop two, two or
three in your mouth and then you suck on the
mint part and when that's done, you swallow her bite
into the capsules, and then the parsley seed goes to
work in your stomach. Why because where does all this
(36:11):
garlic and onion and coffee go.
Speaker 2 (36:13):
It goes into your stomach.
Speaker 1 (36:15):
And you know it smells in your stomach, and guess
where it comes out. Well, okay, let's talk about coming
out of your mouth. The other side of it is
a whole different conversation. So it comes out and you
have this bad breath that's caused by the food in
your stomach.
Speaker 2 (36:33):
Zelmans takes care of that.
Speaker 1 (36:35):
Now, no mint does that both your mouth and your stomach.
Speaker 2 (36:38):
Zelman's.
Speaker 1 (36:39):
And you won't find Zelmons at Trader Joe's, so you
won't find Zelmans at Walmart or Costco. Only at Zelmans
dot com. That Z E L M I N S.
Zelmans dot com. Zelmans dot com. This is Handle on
the Law.
Speaker 2 (37:00):
You've been listening to the Bill Handle Show.
Speaker 1 (37:01):
Catch my show Monday through Friday, six am to nine am,
and anytime on demand on the iHeartRadio app
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