Pepperdine's Dead Man's Curve

Handel on the Law. Marginal Legal Advice.

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Episode Transcript

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

Speaker 2 (00:09):
This is Handle on the marginal Legal Advice. Would I
tell you have absolutely no case? This one is here
in southern California. There is a school, Pepperdine University, And
what happened was there were four Pepperdine University's sorority sisters

(00:30):
that were crossing Pacific Coast Highway. Now, this is a
highway where people's right next to the beach and Pepperdine
overlooks the ocean. It's a fabulous campus and you can
walk along the beach, which a lot of students do,
and they have to walk across the street to get there,
and people drive through there at just incredible speeds. Well,

(00:52):
a guy they named Frasier Boehm was driving at more
than one hundred miles an hour when he plowed into them,
and he's charged with four counts of murder and vehicular
manslaughter with gross negligence. Has happened in twenty twenty three,
and that stretch of PCH Pacific Coast Highway is known

(01:13):
as dead Man's Curved. He plows into a parked cars
and killing the woman, and he is charged with murder
based on this concept called implied malice.

Speaker 3 (01:25):
He didn't actually intend to.

Speaker 2 (01:27):
Kill anybody, and usually murder is the killing of someone with.

Speaker 3 (01:31):
The intent to kill.

Speaker 2 (01:34):
Implied malice is that he did something so negligent or
he did something so outrageous that he had a conscious
disregard for human life. And that's exactly the argument here,
because he was at one hundred and four miles an
hour before the crash.

Speaker 3 (01:55):
So his new lawyer, and.

Speaker 2 (01:58):
This is a guy who is very high ends has
defended a lot of people, he argued that speed alone
is an implied malice based on rulings by the California
Supreme Court, so the murder charge.

Speaker 3 (02:15):
Should be dismissed.

Speaker 2 (02:18):
And he said that there was insufficient evidence presented at
the preliminary hearing.

Speaker 3 (02:23):
To show that the driver Boeham.

Speaker 2 (02:29):
Knew that there was a good chance of death. Conscious
disregard for human life, I don't know. And he also
said that the argument that Boeham crashed because he was
being chased by a road rage driver, which is a
complete croc But the implied malice is one that is

(02:54):
not easy to prove, except when what someone is doing
is so out rageous it's like shooting.

Speaker 3 (03:02):
A gun into a group of people.

Speaker 2 (03:04):
You're not intending to kill anyone, but it is such
disregard for human life because you know it could and
when you do, it's murder.

Speaker 3 (03:15):
And that's the case here.

Speaker 2 (03:16):
So judge said, no, we're going to go forward with
murder charges as well as the judge should. All right,
let's go ahead and take some phone calls. Jony Hi,
Jony Hi.

Speaker 4 (03:30):
Will Yes, I want to leave something to a person.
He's not a relative in my will. Besides his name,
would information, if any would I need to include about
him in the will?

Speaker 3 (03:42):
Well, I would put.

Speaker 2 (03:45):
His size, his weight, any commuticable diseases that he has,
whether he's ever had an STD, any birthmarks he may have.
You probably just have to leave his name and to
make sure that it's him. All he has to do
is prove that it's him, which you don't want happening.

(04:06):
Is someone coming in with the same name. So you
just described this is a friend of mine who's been
with me for whatever, and the what I would do
is just describe him in a way that no one
could come in or there's going to be no discussion
as to who he is or isn't.

Speaker 3 (04:23):
That's what you need to do.

Speaker 4 (04:25):
Is his birth date or an address or a phone number.

Speaker 2 (04:30):
I would do it all. I would do it all,
throwing as much stuff as you can. Yeah, the more
the merrier. This is just a straight inheritance, a will
or a trust.

Speaker 4 (04:40):
No, it's going well. Oh that was another question? Is it?
Do you need to have both a will and a no?

Speaker 5 (04:47):
Just one?

Speaker 3 (04:47):
No one or the other? In your case, it would
be there's a rollover.

Speaker 2 (04:51):
Thing, but that as far as he's concerned, it's simply
a will or a trust.

Speaker 3 (04:55):
How much you're going to leave him, Jonny.

Speaker 4 (04:58):
Well, it's not money, it's the thing.

Speaker 2 (05:01):
Okay, then you probably need a will and not a trust.
And what is the thing that you're What is the
thing you're leaving here?

Speaker 4 (05:10):
I knew you would want to know.

Speaker 3 (05:13):
Oh wow, you betcha.

Speaker 2 (05:16):
You want to make it as specific as you possibly can.

Speaker 3 (05:22):
Very nice for you to do that, seriously nice. Wow.
Okay answers that question? Uh, Hello, Pat, welcome, Hi Bill.

Speaker 6 (05:33):
I got a neighbor that has a huge overgrown tree
in his yard and the tree is starting to go
on to my roof, parts of it and mess with
my souler. Oh also, you know it's gotten the trunk
has gotten so big it's up against my brick wall,

(05:56):
and I can start to see like cracks.

Speaker 3 (05:59):
Okay, yeah, you've got, you've got, you've got.

Speaker 2 (06:01):
You have some real issues there, and certainly any damage
to the brick to your wall they have to repair,
and you can force them to say you've got to
you know, you have to do something about the tree,
either cutroots or whatever.

Speaker 3 (06:16):
It is getting worse and worse.

Speaker 2 (06:18):
Now you can get theoretically you can get a court
order where the judge orders them to take care of it.
I don't know if the judge is going to do that,
or every time there's damage to your wall, you fix
it and you sue them in small claims court and
you fix the wall, and let's say it cracks again
a month from now.

Speaker 3 (06:37):
You sue them again. And if you have to assue.

Speaker 2 (06:41):
Them every month, and at some point, they're going to
do something because it's a new issue every month, because
they continuously are causing damage. Now, as for the solar
part of it, that one gets interesting because they're allowed
to grow a tree as high as they want. Is
their property now the law and it's sort of up

(07:01):
in the air. I mean, I have neighbors that are terrific.
I have a solar panel system at the house, and
I've got neighbors who the tree was grew to the
point where it interfered. And told the neighbors they were terrific.
I said, I'll pay for the pruning, and they said, no,
of course not, they'll pay for it. But those are
the neighbors I have. I'm assuming you don't have those

(07:24):
kinds of neighbors, am I right?

Speaker 5 (07:27):
Yeah, they don't want to trim it at all.

Speaker 2 (07:29):
All, Right, then you can force the issue. Is any
part of it on your property? Are the branches, leaves,
anything hanging over?

Speaker 6 (07:37):
Yeah, the branches are off.

Speaker 3 (07:38):
Okay, you can cut those. Yeah, you can cut those.

Speaker 2 (07:42):
Anything that's anything that's on your property over the property line,
you can cut.

Speaker 3 (07:46):
You have to let them know. You've got to.

Speaker 2 (07:48):
Say, hey, your your tree is now past the property
line as in my property, get rid of those branches.
And they can do that, and then you find out
what the what the law is, which I don't know
right now. I don't know if the law as far
as and there is case law on this, there's then

(08:09):
there's all kinds of all kinds of statutes involved blocking
someone's solar panel and when they were put in, and
is a growth to the point where you were first
and or was it that area already in shade and
then you put in the solar panel. So there's a
whole bunch of reasons on that one, or a whole
bunch of issues, but the bottom line is, yeah, you've

(08:32):
got some real uh, you've got some real damages there
that works.

Speaker 3 (08:37):
This is Handle on the Law.

Speaker 2 (08:39):
Welcome back, Handle on the Law, Marginal Legal Advice.

Speaker 3 (08:45):
Michael. Hello, Michael, welcome to Handle on the Law.

Speaker 7 (08:50):
Thank you, Mikay Handle. I have a quick question for you.
I pick up these gentlemen at a gentleman's glove on tonight.
It was raining, and when he came in, he told me, hey,
you didn't anything see me? And I said, sir, you
were in black, it's raining, it's dark the parking lot,

(09:13):
and I am like, look, sir, I'm not taking you.
I canceled the rye and I said I need you
to get out of my carriage. And we have a
little argument, but it wasn't much, nothing, nothing to it.
So he went right back to the street clop and
I left and I stopped like about four blocks away,
and I sent a message why I canceled the ride.

(09:35):
Five minutes later, I got disconnected. I got disconnected for
twenty eight days. This guy accused me of injuring him
I seeing him, and that I broke his leg.

Speaker 3 (09:47):
Okay, of course, what you're gonna do? What's your question?
What's like that? What's your question?

Speaker 7 (09:54):
My question is that he's protecting this person's identity. I
cannot find out who he is because I want to
take it to court.

Speaker 2 (10:03):
Okay, here's what you can do. Hang on, here's what
you can do. And what are you suing him for?

Speaker 5 (10:10):
By the way, because can you excuse me of something?

Speaker 3 (10:14):
I understand? No, I get it. I get it. No,
I understand.

Speaker 2 (10:17):
And you're arguing that he costs you twenty eight days of.

Speaker 7 (10:20):
Employment completely, I must have lost seventy five hundred dollars.

Speaker 2 (10:25):
Okay, so there's your damages. Okay, seventy five hundred dollars
are your damages?

Speaker 3 (10:30):
Right?

Speaker 2 (10:32):
Well, no, you can't say minimum. You have to find out.
I mean, there has to be some experience. What does
minimum need? Minimum seventy five hundred, maximum one hundred and
fifty thousand. So the way you're going to have to
prove it is a history of what happened over the
last years, how much people make or what is the
average that's paid for during that year for drivers in

(10:54):
your area who work as many hours as you do
in your area.

Speaker 3 (10:58):
And you have to have a whole history that. So
you produce the history of it.

Speaker 5 (11:01):
And you come up with a figure.

Speaker 3 (11:03):
Okay.

Speaker 2 (11:03):
Fine, So let's say you come up with a figure
and it's eight thousand dollars.

Speaker 3 (11:06):
Okay, and you're going to sue him for eight.

Speaker 2 (11:09):
Thousand dollars because he fraudulently said you broke his legs. Okay,
right now, Lift has the right to fire you on
one complaint. Lyft has the right to say one person complains,
whether it's true or not, you're out the door.

Speaker 3 (11:25):
Okay.

Speaker 2 (11:26):
That is, Let's say I'm in a bad mood and
I take Lyft and I'm not a happy guy, and
I'm just really pissed off, and the Lyft driver isn't
a wonderful person.

Speaker 3 (11:36):
I put a one star just because I'm pissed off. Okay.

Speaker 2 (11:39):
Lift looks at that and goes WHOA, and can in fact,
the policy can be you get one bad complaint you're out.

Speaker 3 (11:46):
That's that's they have the right to do that.

Speaker 2 (11:48):
Now you want to sue the guy for seventy five thousand,
seventy five hundred dollars, Now you don't have You don't
know who it's going to be. You have to go
in and you're going to have to get an order.

Speaker 3 (11:59):
That lift.

Speaker 2 (12:01):
Give you the drivers, it gives you the passenger's name.
So you're going to have to start with that because
there's no one to sue.

Speaker 5 (12:10):
I was told.

Speaker 7 (12:11):
I was told that if I has to get a
lawyer to pull the file on him, but nobody wants
to do it.

Speaker 2 (12:17):
Oh, no, they'll do it if you pay them.

Speaker 3 (12:21):
Oh they'll do it, Michael.

Speaker 2 (12:22):
If you're willing to pay six hundred bucks an hour
to a lawyer, sure, I mean, no lawyer is.

Speaker 3 (12:29):
Going to say no to money. It's just going to
end up costing you thousands.

Speaker 2 (12:35):
Of dollars, that's all. It's going to end up costing
you a bucket of money. You lost your job for
a month. That's the bottom line, Michael. You know you
got the wrong guy at the wrong time, at the
wrong place. You're dealing with a company that that's the
way they work.

Speaker 3 (12:48):
Uber lift.

Speaker 2 (12:48):
They do the same thing. That's how they operate. And
you know you got the job. Why aren't you also
working for Uber? And a lot of people do both.

Speaker 7 (13:01):
I had a problem with Uber too, but.

Speaker 2 (13:05):
Okay, but you have so, you know what, I don't
know what to tell you. You have a problem with Lyft,
you have a problem with Uber, and uh, it's going
to cost you a bucket of money to unravel it.
And you just suck it up, you know. I mean,
there's there's not.

Speaker 3 (13:19):
Much to do.

Speaker 2 (13:19):
I can't tell you what to do under those circumstances. Gina, Hi, Gina,
welcome to handle on the law.

Speaker 3 (13:31):
Arrested, Oh, Gina, can barely hear you? What's going on there?

Speaker 4 (13:35):
All right?

Speaker 7 (13:36):
It's my earbed?

Speaker 3 (13:37):
Oh okay, now I can a little louder please.

Speaker 8 (13:42):
I was wrongfully arrested and convicted, okay, and for charges
that had.

Speaker 9 (13:50):
No merit in any event.

Speaker 8 (13:52):
I followed the quorum nobus back.

Speaker 9 (13:55):
In the same trial court, which got denied and years,
like twenty years later.

Speaker 4 (14:01):
Could I file a core.

Speaker 2 (14:02):
No, No, you really can't, because there's a statutory time
in which you file.

Speaker 3 (14:09):
To overturn a conviction.

Speaker 2 (14:14):
Now, if there's new evidence and This is usually in
really serious like a death penalty cases. But no, you
can't come back twenty years You can't come back twenty
years later.

Speaker 3 (14:24):
And was it a felony or was it a misdemeanor?

Speaker 2 (14:27):
Yeah, okay, But here's what you can do is you
can make a motion to have it drop to a
misdemeanor and then make a motion to have that expunged completely.

Speaker 3 (14:39):
That's where you're gonna go and get it removed. Not
this appeals business.

Speaker 2 (14:43):
Yeah, because I think twenty years later, no way, way
past the time you could do it. And especially since
you lost, you appealed it and you lost, they're not
going to come back on what's going to be the
basis of your appeal since you lost first.

Speaker 6 (15:00):
Appeal ineffective assistance a council.

Speaker 2 (15:04):
That's the first time, that's the first appeal, that's not
twenty years later.

Speaker 3 (15:08):
Did you bring up ineffective.

Speaker 2 (15:09):
Assistance of council at that first appeal? No, Well you
can't do it twenty years later. It doesn't work that way. So,
as I said, go for the reduction to a misdemeanor.
And by the way, what was the felony?

Speaker 3 (15:25):
Gina Stockey? So I'm sorry Okay, hold on, I didn't
hear that. What was the felony sacking stocking stocking stocking?
I think, yeah, I don't think that's a serious offense.

Speaker 2 (15:37):
I think they can well, I think that they can
bring that down to a misdemeanor and then expunge, especially
if you're talking it happened twenty years ago. Once you
bring it down, then you go to the court. I've
been cleaned for twenty years the only time it happened.

Speaker 3 (15:52):
And when you're making a motion for expungement or bringing
it down, you're saying, hey, it happened.

Speaker 2 (16:00):
And while I was in the throes of whatever, I
just lost my boyfriend, my dog just died.

Speaker 3 (16:07):
I found out my mother was dying. I mean whatever, and.

Speaker 8 (16:11):
Oh yes, the problem is that they put it all
over the internet.

Speaker 3 (16:15):
That doesn't matter. That doesn't matter, It doesn't matter.

Speaker 4 (16:20):
Employers are not hiring me.

Speaker 3 (16:22):
That's why you want to bring it down. That's why
you want to expunge it. And then you.

Speaker 2 (16:28):
Explain to employer this was twenty years ago, and let
me tell you what actually happened. And I had a
lawyer that said, plead guilty, and I shouldn't have I mean,
if you go to me if I'm hiring you, Gina,
if I'm looking at you as an employee, and you're
telling me this was twenty years ago, and let me

(16:49):
tell you the story. Bill. You know I'm going to
pay attention to that, and employers will what have you
done for the last twenty years about employment?

Speaker 8 (16:58):
By the way, it's been hard for me to find
word because no of have.

Speaker 2 (17:03):
You been Have you been employed? You've been unemployed for
twenty years.

Speaker 3 (17:07):
No, I've worked.

Speaker 9 (17:08):
I've worked here, here and there.

Speaker 3 (17:10):
Okay, well you can probably work here and there. Again.
It's it's just explaining to employers that's not easy. I
get it.

Speaker 2 (17:17):
You know there it is on your record of felony.
But you can't come back twenty years later and say
I had ineffective counsel. Oh I forgot to put.

Speaker 3 (17:24):
That in there. No, doesn't work that way. This is
handle on the law.

Speaker 1 (17:32):
You're listening to Bill handle on demand from KF I
am six forty.

Speaker 2 (17:38):
This is handle on the law, marginal legal advice, where
I tell you you have absolutely no case.

Speaker 5 (17:48):
Bobby, Hello, Bobby, mister Bill, how are you, sir?

Speaker 3 (17:52):
Yes, sir? What can I do for you?

Speaker 5 (17:54):
Okay? So last year I played in a golf tournament
at a very exclusive resource. In the course of them
putting our golf bags on the golf cart, three of
us had our Rolex watches stolen. We didn't find it out, obviously,
until we were finished playing. But we also found out
that same situation occurred about six months prior at this

(18:18):
same resort. My question is, got a situation where there
were no security guards, no cameras.

Speaker 2 (18:28):
Well, men, hold on a minute, wait, wait, you're on
a golf course. Where should they put a camera?

Speaker 5 (18:35):
No, right around the pro shop where they loaded your
bank onto the cart.

Speaker 3 (18:39):
Okay, but how would they know that anybody stole it?

Speaker 2 (18:43):
So assuming that, you know, I mean, you can argue, yeah,
there's an argument there, I mean, criminal intervening acts.

Speaker 3 (18:52):
There's a whole issue to that.

Speaker 2 (18:54):
But all right, so let's say they were told about it,
it happened at the same place, right, okay, and they
did nothing about it. They didn't put up any cameras,
which they should have been. All Right, I would argue,
you know, that's a decent argument. I don't know how
far it's going to go.

Speaker 5 (19:11):
But okay, just about just about every country club in
and around southern California as cameras. Okay, that's good shop.

Speaker 3 (19:21):
Okay, that helps, that helps? All right, You're you're.

Speaker 2 (19:23):
Making more of a case as this conversation continues.

Speaker 3 (19:27):
Now, you had Rolex stolen.

Speaker 2 (19:29):
How do you prove that it was Rolex and not
the time X that I have on my wrist, which
cost me twenty eight dollars.

Speaker 5 (19:37):
I just had the Rolex service.

Speaker 2 (19:40):
No, no, no, that doesn't mean you don't known a Rolex.
I'm not arguing that, Bobby. The question is do you
did you have a Rolex on? For example? Is there
a picture of you.

Speaker 3 (19:50):
With the Rolex at that point or before?

Speaker 5 (19:53):
I mean, that would help, but prior?

Speaker 2 (19:56):
Yeah, okay, Well, here's I mean, here's the problem is
a question of proof, because here's here I am on
the golf course and saying, yeah, we've had a problem,
and you've asked me.

Speaker 3 (20:09):
You know, you're asking me for the value of the.

Speaker 2 (20:11):
Rolex, And now, how do I know you even had
a Rolex, even if you did have a watchtole and
how do you know it's a Rolex? Well, the three
of you got together and all three of you had Rolexes.
So what stops me from golfing being the fourth person there,
and I'm wearing a time X that's worth twenty eight bucks,
and I say I had a Rolex.

Speaker 3 (20:32):
Too, How do I prove it?

Speaker 2 (20:33):
Oh? I own a Rolex, and I have a receipt
for my Rolex, but it's it's in my bedroom, next
to next to me in the drawer, and I'm wearing.

Speaker 3 (20:44):
A time X. I mean, it's a question of proof.

Speaker 2 (20:46):
It's not impossible, Bobby, but it's a question of proof,
and it's going to be.

Speaker 3 (20:52):
And then the other thing is even I just I.

Speaker 5 (20:56):
Just feel it's negligence on the part of the time.

Speaker 3 (20:58):
It probably is, but I but here's but here's the question.

Speaker 2 (21:01):
You've got someone reaches in, maybe it's a caddy, if
there's a video of someone reaching in to each individual case,
So why would you put a Rolex into your golf
bag and not wear it on your wrist when you go.

Speaker 5 (21:15):
Golfing because you're not supposed to wear a watch as
a result of the shock when you hit the golf ball.

Speaker 2 (21:24):
And why would you then why would you bring a
Rolex to the golf course?

Speaker 5 (21:29):
Oh, I mean I just wear it all the time.

Speaker 2 (21:31):
Yeah, okay, so you take it off, you put in
the golf bag, all right, you know what I mean.
It's plausible, you know it's I probably do the same thing.
If I can't wear my Rolex, I want to all right,
take it off, put it in golf bag, and hopefully
no one steals it.

Speaker 5 (21:44):
Okay, you think so? Watching an attorney in Santa Barbara
County that would take the case.

Speaker 3 (21:49):
No, absolutely, not absolutely.

Speaker 2 (21:51):
How much is a rolex worth? How much is your
how much is your rolex worth?

Speaker 5 (21:55):
Thirty thousand?

Speaker 2 (21:56):
Wow, thirty thousand dollars? And you put it in a
golf bag?

Speaker 3 (22:01):
Holy moly.

Speaker 5 (22:03):
And at no time that we leave the bag unattended.

Speaker 2 (22:09):
Then who took it if it was if it was
not unattended, and even if they had video of no
one reaching in there, right.

Speaker 5 (22:17):
No, they didn't have cameras. So that's that's the problem.

Speaker 3 (22:19):
I understand. But you didn't leave it. But you left
it unattended. You didn't leave it unattended. You were there
the whole time.

Speaker 5 (22:27):
I would say, I never was more than I don't
care the distance.

Speaker 3 (22:30):
I don't care.

Speaker 2 (22:31):
I don't care about the distance because there are people
that can pickpocket you when you're right there. But uh,
did you see, anybody could have anybody just reached in,
uh and pulled out a rolex? And how do they
know that it was in there? And where do they go?
Where do you put a rolex in your bag?

Speaker 5 (22:51):
There's a little pouch in the side. It's kind of
like where you put your wallet in your.

Speaker 2 (22:54):
Okay, and it's out and it's outside, and it's outside
the bag.

Speaker 5 (22:59):
Well it's a but it's on the.

Speaker 3 (23:01):
Outside, it's not on the inside.

Speaker 5 (23:03):
Correct.

Speaker 3 (23:04):
And you put a thirty thousand dollars rolex in there? Okay? Uh,
it's you get to prove that it was a rolex
that was stolen.

Speaker 2 (23:13):
Yes, good luck and no, Yeah, an attorney will take it,
but you're gonna have to pay. But you're gonna be
paying some money, right, Yeah, they're not gonna do it
on contingency.

Speaker 5 (23:23):
If I can't get an attorney. You think I got
a small claims action for ten thousands?

Speaker 3 (23:28):
Yeah, for ten thousand dollars, right, Uh?

Speaker 2 (23:32):
And I got to tell you based on what based
on what you said, I wouldn't give it to you
if I'm the if I'm the judge, right, it's.

Speaker 3 (23:40):
Not a question.

Speaker 2 (23:40):
They weren't negligent. It's a question of how do you
connect it? No, I have no proof of anybody reaching
in there, your honor none.

Speaker 4 (23:48):
Uh.

Speaker 3 (23:48):
And were you.

Speaker 2 (23:49):
Next to the bag? I never, It was never unattended.
So who reached in I don't know. And all three
of you three different bags, and they knew to open up.

Speaker 3 (23:58):
I don't know. I mean, I don't doubt by.

Speaker 2 (24:00):
The way that your thirty thousand dollars watch was taken.
I also don't doubt that you're a complete moron for
having taken a thirty thousand dollars watch into a golf
tournament or a golf course and then putting it in
the pouch.

Speaker 3 (24:13):
But you know it's it's.

Speaker 2 (24:15):
Going to cost you someoney. It's an interesting case. A
lawyer will take it. It's just you're going to pay
for it. Interesting case, very interesting.

Speaker 3 (24:22):
Wow, Uh, Julie, welcome to handle on the law. Hi, Julie, Yes, Hi.

Speaker 9 (24:30):
So I started going to a new dentist and the
first egg dam they told me that I had really
bad issues, and so they sold me a product. Do
you want to know the name?

Speaker 5 (24:45):
Does it matter?

Speaker 3 (24:45):
No, not the name, but the product that does what.

Speaker 9 (24:48):
So they sold me a product, a gel that I'm
going to put into a trade. They made a mold
of my teeth and it would come into weeks and
it would fix all my problems.

Speaker 3 (24:58):
Well what what?

Speaker 7 (24:59):
Wait?

Speaker 2 (24:59):
Wait, wait, what problems, Julie? Do you have that they
can fix it?

Speaker 3 (25:04):
That simply.

Speaker 9 (25:07):
Exactly so, they said, because I had cavities along the
gun line. They said, Oh, all of this is caused
by what's going on underneath your gun, and this gel
is going to make your cheeth healthy and your gun
is healthier.

Speaker 3 (25:23):
Julie, your sounds scammy to me.

Speaker 9 (25:27):
Well, I'll tell you what later on. I read up
about it on the Dental Association papers, and it is
actually something that's amazing only when it's used only when
it's used with what's called a route planning and scaling procedure. Now,
because I'm a medical, I have medical The dentist is

(25:49):
supposed to submit requests for everything, even if they know
it's going to be declined, they're required to. So this
is only good with this route planning and scaling. Sure,
and to be quoified. For this to actually get it done,
you have to have pocket depth in.

Speaker 5 (26:06):
Your gum, of a certain depth whatever it is.

Speaker 2 (26:09):
Okay, You're you're going you know what I you know,
I don't want a dentistry lesson here?

Speaker 3 (26:14):
What ended up happening? What did you pay? What did
they do? And what do you look like?

Speaker 9 (26:18):
Five hundred dollars and I didn't even get what was
needed to actually make that work.

Speaker 3 (26:24):
You sue the dentist for five hundred dollars in small
claims court?

Speaker 9 (26:27):
And how do I assume? What kind of court and
what kind of.

Speaker 3 (26:30):
Small claims court? Don't look it up on the internet.
Small claims court.

Speaker 2 (26:33):
You do it yourself, and you're going to argue that
I didn't I paid the money and I got nothing
in return. And you can tell the judge everything that
you just said, because I sure as hell don't understand
any of it. But look up small claims court. That's
where you're going to go with that one. Who I love?
These medical lessons sounded like a scam to me, But

(26:56):
I guess that's a legitimate go figure. This is handle
on the law. This is handle on the law. Marginal
legal advice. MEMI, Hello, Mimi, welcome.

Speaker 8 (27:14):
Welcome to you, thank you, I'm my father.

Speaker 2 (27:18):
Or you want to speak away way way MEI, or
you want to speak are you on a speaker phone
by any chands.

Speaker 8 (27:23):
I have an ear piece. I think it's a bad
ear piece.

Speaker 3 (27:26):
It could be all right, all right, we'll give it
a shot. We'll give it a shot. I'll let you
fly on that one.

Speaker 4 (27:30):
I'm here.

Speaker 3 (27:31):
Oh there you are. So you didn't have a bad earpiece, Okay.

Speaker 8 (27:35):
I took it off. Well, okay, long story short. My
father was in Nevada, had a slab leak. Never put
a claimant for his insurance for over twenty five years,
same insurance company. Everything he comes out, that insurance says
they don't cover slab leaks. They'll cover water damage. But
they didn't see any visible damage. I don't think they

(27:57):
really looked. They My dad caused the plumber out and
they found mold underneath the kitchen cabinet, you know where
the water area was waking. And so we called the
insurance back out and they said, oh, well, we don't
know how long that was there for.

Speaker 2 (28:16):
So yeah, because because it happened twenty five years ago,
the slab leak.

Speaker 8 (28:22):
No no, no, no, I said, he's had the same
insurance for over twenty oh.

Speaker 2 (28:27):
I see, okay, And then they're saying, we don't know
how much mold is well. Usually insurance companies don't cover
mold at all. That's for starters. Mold is not something
they cover. So now you're going to Now you just
have a pissing match between the two of them. They're
saying no, he says yes, And you figure out how
much it's going to cost, and you sue the insurance company.

Speaker 3 (28:47):
You go, hey, you know you have to cover this,
and they're saying not. Yeah.

Speaker 2 (28:52):
Now, if you read the policy, you'll see mold as excluded.
Probably certainly, isn't my policy at home?

Speaker 8 (28:59):
No, actually isn't.

Speaker 4 (29:00):
It's concluding.

Speaker 8 (29:01):
And the only reason I even told him that put
the claim on the insurance is because I've had that
same type of issue.

Speaker 3 (29:07):
And they covered it and they and they covered the mold.
But here is.

Speaker 8 (29:13):
I'm sorry and plus some you know, you know, they
did oh love and beyond, and I feel like they've
taken advantage of my father care.

Speaker 2 (29:22):
I understand, but I'm a little confused. So he there's
slab leak. He goes to the insurance company. They send
an adjuster out who says, we don't see any damage.

Speaker 3 (29:33):
You have a photograph of mold, which, by the way,
it depends if it's.

Speaker 2 (29:37):
Covered, it's covered. It's just not covered my insurance policy.
And they're saying, no, we don't cover it, even though
it's covered under the insurance policy. They're saying, there's no damage.
You prove there's damage. You're making the claim. You're making
the claim within the appropriate time, you're making the claim
timely because you have X number of months, ninety days,

(29:57):
thirty days, whatever policy says, doing everything, and they're just
saying we don't cover it, right.

Speaker 8 (30:04):
Yes, several times, and they've hung up on me because
well that's.

Speaker 2 (30:07):
Okay, my father, Yeah, all right. So you're dealing with
the insurance company doesn't want to deal with it.

Speaker 3 (30:11):
What's it going to cost to fix it?

Speaker 8 (30:15):
It already cost two thousand to fix it, which was nothing, Right,
that's less than what they pay for their policy.

Speaker 2 (30:21):
Oh, it doesn't matter, it doesn't matter, It doesn't matter.
It depends on the deductible and they have to pay it,
all right. So you probably have a clause in the
insurance company and the policy that says, if you have
a dispute, you go to arbitration under the rules of arbitration,
and that's what you do. You go to arbitration you
go ahead and file for arbitration, and depending on the policy,

(30:43):
you split the cost.

Speaker 3 (30:44):
You don't split the cost. Whatever pays the cost.

Speaker 2 (30:46):
I have no idea, and you just argue in front
of the arbitrator, you know, sir, I don't think you
say you're honor in front of an arbitrator. But the
insurance company says that they are not liable. Here's the proof.
They're saying there's no damage. Here's the proof. It's up
to them to prove that that proof is not proof.

Speaker 6 (31:05):
But there's no damage to arbitration.

Speaker 8 (31:07):
And how do I start that process?

Speaker 2 (31:10):
You? Okay, you file with the American Arbitration Association.

Speaker 3 (31:14):
They'll tell you. They'll tell you all about it.

Speaker 2 (31:16):
Usually the clause says it goes under the American Arbitration Association.
You call them and they'll tell you how to file,
and they'll tell you how much it costs too. You
may be thrilled to find out how much that puppy
cost you exactly.

Speaker 8 (31:29):
That's why I don't want to add any more headaches
to my father.

Speaker 2 (31:32):
Well, then just having you know, if it's a couple
thousand dollars, just suck it up, you know, especially, Yeah,
I mean at some point it doesn't cost you more
than that just to file for arbitration.

Speaker 8 (31:44):
Now it will say somewhere else.

Speaker 3 (31:47):
Oh yeah, absolutely, go somewhere else. But here's what happens.

Speaker 2 (31:50):
Probably it says that the prevailing party pays for the
arbitration fees, and if you lose, you're gonna end up
paying thousands and thousands of dollars if you lose. If
it's a couple thousand dollars and your dad has that money,
it's not like it's it's not as if he's going
to have to eat dog food if he spends two
thousand dollars.

Speaker 3 (32:12):
Now, at what point do you simply say it's not
worth it?

Speaker 2 (32:15):
You know? That's it's one of those situations where, yeah,
legally you probably have them.

Speaker 3 (32:21):
But okay, now what do you do, Ralph?

Speaker 2 (32:24):
Hello, Ralph, eight to ten dollars.

Speaker 3 (32:30):
That's a lot of money.

Speaker 2 (32:31):
It's time to definitely talk to a trust in, a
state lawyer, Ralph, because you're talking to the wrong guy. Man,
you're talking to someone asking for advice on an eight
million dollar estate. No, it's definitely time for a trust
and a state lawyer who will explain everything. But everything
you talked about you can absolutely do. You can do

(32:52):
anything with a trust and you control it, and when
you die, the trustee has to in fact follow the
term the trust. That's the law and trust and a
state lawyer will set you up and you definitely need one.

Speaker 3 (33:07):
There's no question.

Speaker 6 (33:08):
I called your office and I never got anybody.

Speaker 3 (33:11):
Okay, I don't think. Yeah, I don't think we have
too many trusts in estate lawyers. So here's what you
get to do.

Speaker 2 (33:18):
I would go do a Google shirt search trust in
a state lawyers, law firms and see how many lawyers,
how many people specialize, how long and you go through names,
how long they're practicing, all the reviews, see if there's
any complaints to the state bar. Because for that much money,

(33:39):
you really need to do some research and getting hold
of a handle on the law dot com. I don't
even know if we have trust in estate lawyers. You
may want to try again, because I'm surprised and you
never got a phone call back. You left a message,
Yeah I left the message, and yeah.

Speaker 3 (33:56):
That's weird. Try it again because that's strange, because that's
not what happens.

Speaker 2 (34:00):
Usually things don't fall through the cracks because they're pretty
good at answering those kinds of questions.

Speaker 3 (34:06):
Okay, let me see.

Speaker 2 (34:10):
All right, real quickly, I want to talk about pain,
like he has a living pain. If you happen to
be living in chronic pain twenty four to seven. If so,
I'm going to suggest you listen to the Pain Game podcast.
This is a podcast about pain and trauma and guests
have lived with, dealt with, treated those living in pain

(34:33):
and chronic illness. And a lot of people have lost
their loved ones to chronic conditions for a whole lot
of different reasons and the show speaks to that as well.
And the host, Lindsay Soprano deals with this rare pain
condition called CRPS and it's debilitating chronic pain twenty four

(34:53):
to seven, and man, she does this heroically. So she
started the Pain Game podcast to help people. The interviews
are there, it's people who have lived this, have family members,
and she helps herself doing that. And every episode ends
with a message of hope and you'll understand that. And
this is a weird one, but it really does work
when you listen to it. It's about giving pain purpose. Yep,

(35:17):
there is a method to that, and people who live
in chronic pain, I think will get so much, so
much information out of this podcast. It's the Pain Game Podcast.
The Pain Game Podcast. You can follow on social media
at the Pain Game Podcast, and you can listen to
the show wherever you listen to podcasts.

Speaker 3 (35:38):
This is Handle on the Law. You've been listening to
the Bill Handle Show.

Speaker 2 (35:43):
Catch my show Monday through Friday, six am to nine am,
and anytime on demand on the iHeartRadio app.