Episode Transcript
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Speaker 1 (00:01):
You're listening to Bill Handle on demand from kf I
Am six forty.
Speaker 2 (00:08):
KF five AM six forty a bill Handle here.
Speaker 3 (00:12):
It's a Saturday morning right up until eleven o'clock, and
I'll continue to take phone calls, but I'll tell you
about that later on.
Speaker 2 (00:18):
In the meantime.
Speaker 3 (00:19):
The phone number here eight hundred five two zero one
five three four, and it is the top of the hour,
which means lines are generally and they are open, So
jump in eight hundred five two zero one five three four.
Eight hundred five two zero one five three four last hour.
Boy did I get into it with a woman who
(00:40):
she just didn't want to hear what I had to say.
I don't know why people bother, but they you know,
fighting is fighting, and it's always fun to do an
oultier k an altercation or two. Eight hundred five two
zero one five three four. That's the number to hit.
That's not number to dial. Welcome to Handle on the law.
(01:03):
Marginal legal advice where I tell you have absolutely no case.
This is a case that has being was looked at
very very carefully, and that has to do with the
Texas Republicans redistricting taking the map of their congressional districts
(01:25):
and reshaping those districts jerrymandering, if you will, so that
Republicans are mainly in certain districts to effectually add Republican districts.
And the way it's done is you take all the
Democrats and you draw a line around the Democrats, and
(01:45):
you can draw a really weird, weird line with little
peninsulas and indentions and whatever, and so all the Democrats
are in that area, which means that the Democrats that
used to be in the other area are no longer there.
Speaker 2 (02:02):
And in the reverse, the Republicans.
Speaker 3 (02:05):
That used to be in those democratic or primarily democratic
areas aren't there anymore because of the redistricting.
Speaker 4 (02:12):
They are now.
Speaker 3 (02:13):
In what is primary primarily Republican areas, which means that
those particular districts are probably going to probably going to
go Republican. And with that, five new seats are being
created that are probably going probably going to lean.
Speaker 2 (02:29):
I mean, there are no seats are being.
Speaker 3 (02:31):
Created, but the way it is drawn up jerrymandering, redistricting.
All right, Well, it was sued, there was a lawsuit
that hit a whole bunch of people. Districts, you had
school boards individuals. We're arguing that the districting, the redistricting
(02:52):
of those those congressional districts, was not really politics.
Speaker 2 (02:56):
It was race. That's what the Texas legislation sure was doing.
Speaker 3 (03:01):
It was segregating white from black because the Democrats in
that area are primarily black. Republicans majority white. And so
the argument was, you guys, did this for racial purposes.
Now for political purposes. It's okay, purely political purposes. For
(03:25):
racial purposes, it's unconstitutional.
Speaker 2 (03:28):
You can't do that.
Speaker 3 (03:29):
So that was the case going up to the Supreme Court,
and you had the Democratic leaders and folks that were
against this redistricting filing that lawsuit saying it's rac it's
racist race, and the Republicans are saying, no, it's not,
it's politics as politics as politics. Well, the court gave
it to the Texas Republicans. The Supreme Court gave it
(03:49):
to them, saying it is not race, it is politics,
and we're going to let this fly. Another reason that
they're doing this the court has done this outside of
that decision is that the Supreme Court gives tremendous power
and leeway to state legislators also congress it's their job
(04:14):
to legislate. It's not our job to legislate. We merely interpret.
And so the court said that this is an issue
of interpretation.
Speaker 2 (04:27):
We've decided it is not racial.
Speaker 3 (04:30):
The fact that the Republicans happen to control the Legislative House.
Speaker 2 (04:36):
Okay, so they happen to control it.
Speaker 3 (04:38):
They have the ability to read district whenever they want,
because that's the other issue. They're redistricting in the middle
of the census period, and traditionally it happens at the
end of the census whenever census are taken. But it's
gone the other way too. So the legislature was in
its power to do what it did. It was not
(05:01):
racial in makeup. And so the Texas Republicans win this one.
Speaker 1 (05:07):
Oh.
Speaker 3 (05:07):
By the way, this started with President Trump and he
told the Texas Republicans to.
Speaker 2 (05:12):
Do exactly that.
Speaker 3 (05:14):
And I think Carolina, either North Carolina or South Carolina
followed suit. And I think you have Missouri now doing
the same thing. California with Prop. Fifty went the other
way and there was a fight, and that's that continues on.
It's gonna be very interesting to see what happens. All right,
let's do it with handle on the law. Joanna, Hello, Joanna, welcome.
Speaker 5 (05:42):
Oh hi Bill, let me set me off the speaker. Yeah. So,
first of all, I'm a senior citizen, so I don't
know if this plays into it. But I have a
camping van and I had a repair made in jail,
and I don't use the van all the time because
(06:04):
it's a camping van. And so a couple of months later,
when I was using it, I noticed that on the
level highest level of the air conditioner blower, it does
not blow at all level four. So they replaced the
heater core. It's a folk citing camping van. And I
looked up and indeed, that can happen when they replaced
(06:27):
the heater core. So I called and I.
Speaker 3 (06:31):
Got, okay, hang on glowing, let me there's a little
bit of confusion here.
Speaker 4 (06:38):
Uh.
Speaker 3 (06:38):
They replaced the heater core and you looked it up,
and the problem that you had can come.
Speaker 2 (06:44):
Out of a replaced heater core.
Speaker 5 (06:48):
Mm hmm.
Speaker 3 (06:49):
Okay, So they put in a heater core that sometimes
goes south. A new heater core sometimes doesn't work correct
on that level four.
Speaker 2 (06:59):
Okay.
Speaker 5 (07:02):
So when I called, which was a couple of months later,
because I don't use it, I'm senior. I don't even
know what to check for. I didn't even know what
to do. So the man was so aggressive, yelling and
screaming at me, and I said, sir, he said, this
isn't the part that I said. I know, but this
does happen with level four. He said, I'm going to
hang up on you, and he hung up and wouldn't
(07:24):
talk to me. All right, And then I had someone
else call for me, same thing. He just screaming and
yelling and hanging out. So I'm kind of intimidated to
go there. I don't know what to do.
Speaker 2 (07:35):
You're not going to go there.
Speaker 3 (07:36):
You'd assume a small claims court. And what you're going
to do is whatever the cost of replacing that heater
core is, is what.
Speaker 2 (07:47):
You are going to sue him for. Now. What is
his defense?
Speaker 3 (07:51):
Exactly what you said, and that is we will put
in Sometimes when we put in a new heater core,
it doesn't work. That is not our problem. What we
do is supply a new heater core. We put it in.
We've bought the equipment, we did the labor, and if
you have a problem, you go after the manufacture, not me,
(08:15):
And so you get to go file lawsuit against the
manufacture of the heater core because I think he's got
a defense.
Speaker 2 (08:21):
I think he has a defense.
Speaker 5 (08:23):
But here's the thing I looked up in this this
particular problem. When they put in the heater core, it
should just be a wire that's bumped. It can be
it's only something that happens when they are putting in
the heater core. They bump something or sensual.
Speaker 2 (08:38):
Okay, or you didn't tell me that.
Speaker 3 (08:39):
The only way it can happen if they negligently put
in the heater core.
Speaker 2 (08:43):
Correct. They have to do something wrong, is that right? Okay?
Speaker 3 (08:47):
So here's what you have to do is bring someone
else in because you won't talk to you fix it.
And there's the amount of money that is now. Oh,
first you make a demand in writing of the pair man,
the first guy, and you tell him, I expect you
to pay for it. Here's the bid. I got to
repair it or you come out and repair it. He's
(09:08):
probably gonna ignore you. And then you file a small
claim suit action against him. And the fact that you
are elderly. How old is elderly?
Speaker 2 (09:17):
How old are you three?
Speaker 5 (09:20):
Three?
Speaker 2 (09:21):
You're seventy three? Yeah, yeah, you're not elderly. I mean
not today.
Speaker 3 (09:25):
You know, seventy three is a new seventy two, so
it really doesn't matter. So when you are over I
think seventy two or sixty five, whatever it is, you can.
Speaker 2 (09:36):
Speed up going to trial.
Speaker 3 (09:39):
I don't know if that happens in small claims court
whether you can speed it up, because it goes pretty
quickly anyway, and you can't have a lawyer, and you
just make the argument. You bring someone else in who
does the whole thing, and you have the bid, you
have what was wrong with it, and there it is.
So first the demand, he'll ignore it. Then you get
the bid and you tell him this is when I
(10:01):
get a cost. You go ahead and pay for this
or repair, and then you sue in small claims court.
Speaker 2 (10:07):
That's it.
Speaker 5 (10:08):
My question. Do I send the letter the demand letter?
Do I send it registered mail?
Speaker 2 (10:13):
Yes?
Speaker 3 (10:14):
Yes, yes, you do email, You do registered mail, You
do everything you can, you send it via camel, whatever
you can to make sure that he can't say I
never got it.
Speaker 5 (10:27):
His argument. Other argument was, so you're yelling and screaming
at me. I said, just wait, I know what you're saying,
but this is something, oh that doesn't matter.
Speaker 3 (10:34):
Yeah, it doesn't matter. Yeah, the screaming doesn't matter. Court
doesn't care about that. Scream right back.
Speaker 2 (10:39):
Yell at him.
Speaker 3 (10:40):
When you call him up and you say you got
to repair it, just scream at him, same way. It's
all you have to do. It's not that complicated. Yeah,
Courts don't care how people act toward each other unless
they're threats. And he was just being obnoxious. He just
sounded like a complete bastard. That's all this is. Handle
on the Law, can't find a m A six forty,
(11:01):
don't handle Saturday morning right up until eleven o'clock. Richard
Murrow from eleven to two, and Neil Savadria with the
Fork Report All Things food and food Ease from two
to five. The phone number here for marginal A little
lesson Marginal, A little less than that eight hundred five
(11:24):
two zero one five three four eight hundred five two
zero one five three four. Oh, welcome back, Handle on
the Law, Marginal Legal Advice, John.
Speaker 2 (11:41):
Welcome John, Yes, h right, All right.
Speaker 4 (11:45):
Well, I got a I got a pretty complicated situation here.
Hellong story, but I'll try to be brief. I borrowed
my sister's car. She hates me all this, and she
took my cell phone because I wanted to call my
accountant where I used to live, so she wouldn't give
(12:09):
it to me. And the bottom line is I took
her car, drove to where my accountant lives, which is
about an hour and a half away, in the middle
of the night, doing like one hundred miles an hour
on the freeway. Anyway, I get to it. How we talk.
He takes care of my tax problem. And she had
(12:32):
loadjack on her car. And it's a piece of shoe.
It's a nineteen ninety eighty.
Speaker 3 (12:38):
Well me, okay, I'm a little I'm a little confused.
She you hate her, yet you borrowed her car. She
let you borrow it? Is that right?
Speaker 4 (12:46):
Okay? So the bottom eye line is she reports it stolen,
I go to jail. She won't drop the charges. So
now I'm trying to get it expunged off my record
because Okay, I had a public November. I was homeless, Okay,
I was living in the park.
Speaker 3 (13:05):
Yeah, Unfortunately that doesn't matter as far as the law
is concerned.
Speaker 2 (13:10):
So, uh, there you are.
Speaker 3 (13:11):
You were convicted of grand theft auto effectively correct? Yeah, correct, okay,
And uh that's it. That's the felony you were convicted of.
I have that writer.
Speaker 2 (13:22):
There are other crimes, correct, correct, Okay.
Speaker 4 (13:26):
Well there's there's a few other things that took place
while I was homeless too that I got arrested for
as well.
Speaker 3 (13:33):
That what happened in those cases. This was after the
after you were convicted for the auto deft.
Speaker 4 (13:39):
Super quick, somebody stole my bike. I'm living in the park.
One of the homeless people there goes, oh, hey, man,
I have a bike, just go pick it up.
Speaker 3 (13:48):
So okay, so that doesn't matter, but I don't care.
I don't care about the facts of that. Were you
convicted of any crime while you were homeless?
Speaker 4 (13:58):
Yes? Three.
Speaker 2 (14:00):
You were convicted of three more crimes. One was the
what were the trouble? A total of three okay, and
those crimes were what.
Speaker 4 (14:14):
Okay, first one my sister, right right.
Speaker 2 (14:17):
I understand that loads got it.
Speaker 3 (14:19):
I got it, I got it load Jack okay, yeah, okay.
Speaker 4 (14:23):
So so I don't want to go back to my
accountant's house to be embarrassing. So I walked briefly down
the street I lived in. Uh well, I don't want
to say any cities. I walked down the street and
I see this Ford Bronco all smashed up off road,
vehicle had been rolled, the workless, cave in, windows broken,
(14:46):
muddle over.
Speaker 2 (14:47):
Did you take it?
Speaker 1 (14:48):
So?
Speaker 4 (14:48):
I took it?
Speaker 2 (14:49):
Okay, took it.
Speaker 4 (14:50):
I drove it fifty.
Speaker 3 (14:51):
Okay, that's still theft. If it's worth over one thousand
dollars or nine hundred and fifty bucks, that's still fa Okay.
So there's another Okay, there's another with a language, So
the guy who stole it. So you stole a stolen car, right, okay?
And you were convicted, but you're still convicted of that theft? Yeah, okay,
(15:16):
what's the next one?
Speaker 4 (15:20):
And then the bicycle?
Speaker 2 (15:22):
Okay? So you were So you have three convictions? And
what what? What is all right? Okay? Burkelary, all right?
Was it the conviction for as a felony or misdemeanor?
Fellenny felony? So you have three felonies on your record?
What is your question?
Speaker 4 (15:41):
How do I get them expounds?
Speaker 2 (15:43):
Good luck?
Speaker 3 (15:44):
Okay, because you have some violent crimes involved in that.
Speaker 2 (15:49):
They are felonies. When did this happen? John? How long
are you?
Speaker 4 (15:57):
April thirteen, twenty twenty three.
Speaker 3 (16:00):
Oh, so you're only talking to a couple of three years. Yeah,
not gonna happen. Not gonna happen. Misdemeanors can be expunged.
Felonies very very difficult. And then you're talking. You know,
in some cases you can't at all because the law
is crystal there.
Speaker 2 (16:16):
In some cases it is wobbler. They can go either way.
One okay, one more thing, yeah, one more real quickly?
Speaker 4 (16:24):
Okay. So when I went into Ventura County, I weighed
two hundred and thirty pounds. I'm six foot four, played
football my whole life, right, I was a commissioner for
the city. I list okay, right, all right, okay. When
I came out, I weighed one hundred.
Speaker 3 (16:42):
Ft against the county. Having nothing to do with your felonies.
It's a separals, it's a several. It's a separate civil suit,
which is eminently defensible.
Speaker 2 (16:54):
You are so out of luck.
Speaker 3 (16:57):
It was a bunch of long stories, and these are
sab stories.
Speaker 2 (17:01):
Now.
Speaker 3 (17:01):
The stop stories have to do with mitigating the sentence,
and that is when a conviction happens. And now you're
looking at, for example, ten to twenty hypothetically. Then you
throw the sob stories up. Then you ask for the minimum,
then your return he goes, but your honor.
Speaker 2 (17:22):
Look at this.
Speaker 3 (17:23):
He was in the big murder cases, abused as a kid,
mentally ill. In John's case, look at everything that happened
to him. He turned out to be homeless when he
stole the bicycles. Look what the circumstances are when he
took his sister's car.
Speaker 2 (17:43):
I mean all of that, but the conviction not so good. Now,
let me tell you when you do need a lawyer.
Speaker 3 (17:52):
If you've been injured, let's say, get a car accident,
or you go to a big box store and a
big box falls on your head.
Speaker 2 (17:58):
I've had those happen. Or you're t boned, it doesn't matter.
Speaker 3 (18:02):
So if you've been injured in anyone of these vehicle
accidents or slipping falls, and now you're going after whoever,
you're going after the driver of the other car, you're
going after the store. And the more you're injured, the
more serious it gets, and the more you need an attorney.
Because at the other side, the insurance companies you are
(18:23):
going to be talking to, they're really good at not
paying you. That's what they do. These people make a
living not paying you or paying you less money. This
is where a lawyer comes in and a good lawyer
who represents you, and the good lawyer charges a percentage
of what is collected. There's never money out of pocket.
So how do you know when you have a good lawyer?
(18:45):
Do you look at one of those billboards? Do you
hear one of the commercials on radio or TV? And
some of these lawyers are excellent, by the way, not
arguing with that, some not so much. So how do
you know? Well, this is why I created handle on
the law dot Com.
Speaker 2 (19:03):
Handle on the law dot Com is.
Speaker 3 (19:05):
About vetted lawyers who if there is a phone call,
if there is a problem, I make the phone call
to the lawyer and I've done that.
Speaker 2 (19:12):
A couple of times over the years.
Speaker 3 (19:14):
So not your fault injured contact Handle on the law
dot com. Handle on the law dot com. This is
handle on the law.
Speaker 1 (19:25):
You're listening to bill Handle on demand from Kfi A
M six forty.
Speaker 2 (19:31):
KFI.
Speaker 3 (19:32):
Handle here Saturday morning right up until eleven o clock.
Phone number here to call in and ask me a
marginal question. Where I give you marginal advice is eight
hundred and five to zero.
Speaker 2 (19:47):
One five three four Welcome back.
Speaker 3 (19:52):
Handle on Law marginal legal advice. Steve, Hello, Steve, Europe, welcome.
Speaker 4 (20:00):
Handle.
Speaker 1 (20:01):
So yes, I buy a house in Yorba Linda. It
has a right of way eastman three hundred feet from
the road, and it is thirteen feet wide. When I
looked at my title and I went to the city
and I looked at the survey, it's supposed to be
twenty feet wide, not thirteen feet wide. Do I have
(20:21):
the right to take this seven feet from the neighbor?
Speaker 2 (20:24):
Okay?
Speaker 3 (20:25):
It's a first of all, you talking about an easement,
so it's a the ability to use it. If you're
talking about taking it, what do you plan. Let's say
you take back the seven feet. What are you gonna
do with it?
Speaker 1 (20:37):
Just because we're thirteen feet It is not possible, for example,
for one car to be part an emergency vehicle to
enter my home.
Speaker 2 (20:44):
Okay, got it? So it has to stay open. There's
no stay open.
Speaker 1 (20:48):
Anybody can access it.
Speaker 2 (20:49):
Right, Okay, fair enough.
Speaker 3 (20:51):
And so it was represented to you as a twenty
foot eastman and now you find out it's a thirteen
foot easement. Correct, Yes, physically okay, god, okay, Okay.
Speaker 2 (21:06):
There's a there's a few things that you can do uh.
Speaker 3 (21:10):
First and foremost, I think you can just unravel the sale,
just unravel it.
Speaker 2 (21:16):
When was when was his property by Steve? When when
did you buy?
Speaker 4 (21:21):
Oh?
Speaker 2 (21:21):
Okay, so you're okay, you're well within the statue.
Speaker 3 (21:24):
So uh you can just say I want my money back,
you have your property back.
Speaker 2 (21:28):
That's one thing you can do.
Speaker 4 (21:30):
Uh.
Speaker 2 (21:30):
The other thing you can do is to.
Speaker 3 (21:33):
Figure out, uh, the value of the home at thirteen
foot easement versus a twenty foot easement.
Speaker 1 (21:44):
But it is not possible if I just to add
to this with because.
Speaker 3 (21:49):
This now, no, you can't you know, it's already recorded
as that with You can't just walk in no, unless
it's recorded that you have a twenty.
Speaker 1 (21:58):
Foot yes, this this is my point. The title, the
title report says twenty feet. This title is thirteen feet.
Speaker 3 (22:05):
All right, I understand, I understand. And what you're saying
is you are out thirteen feet. Title says that you
have the twenty foot easement and they sold it to
you as a they sold it to.
Speaker 2 (22:21):
You with only thirteen feet.
Speaker 3 (22:24):
Okay, you have been damaged seven feet and what can
you do with it? Well, stays an easement was the
value of the property. It's gone down for sure. Now
you file a lawsuit. You can file a lawsuit, which
you have to basically unless well, no, you already own it.
I mean you own the twenty feet, so now what Okay,
(22:47):
you own the twenty feet so okay, so I don't
understand if you own the twenty feet, what's happening with
the property now?
Speaker 2 (22:55):
No?
Speaker 1 (22:55):
No, okay, I'll explain. Okay again right now, the easement physically,
if you go to my house and you take a
tape measure, it is thirteen feet by three hundred feet long.
Speaker 2 (23:04):
Yeah, I understand.
Speaker 3 (23:04):
What do you And here's my point, what do you
What are you using that extra seven feet for?
Speaker 1 (23:11):
I need to use the seven feet so I can
put so two cars can drive down this eastment at
the same time.
Speaker 2 (23:17):
Okay. And it is there a fence there?
Speaker 1 (23:20):
There is a fence at thirteen fourteen feet?
Speaker 3 (23:23):
Yes, okay, so you can't drive the car down, but
it's on your property.
Speaker 2 (23:28):
Rip out the fence, that's correct. Rip out the fence.
It's on your property. Yeah, you rip it out, it's okay. Yeah,
because the Eastman that depends on what the Eastman is
used for. Uh.
Speaker 3 (23:38):
And the problem is is you pointed out. Emergency vehicles
can't get in there. So I'm surprised the city doesn't
rip it out because all of a sudden there's an
easement that is put in and probably goes put in
a place for exactly that. Uh yeah, and then you sue,
you sue, you sue for the domination of value.
Speaker 1 (23:58):
It's the only entrance into this house.
Speaker 2 (24:01):
Okay, that makes it even more valuable.
Speaker 3 (24:03):
That makes it even more And you're saying that they
put up a fence that you can't even get into
your golf course.
Speaker 1 (24:10):
No, no, I can. I can get in, but only
during only through this thirteen foot section when it's supposed
to be twenty feet.
Speaker 2 (24:16):
I understand, I get it, I get it.
Speaker 3 (24:19):
The point is you own the other seven feet you
got screwed out of seven feet, or they're just using
the seven feet that you own.
Speaker 2 (24:28):
If they're using the.
Speaker 3 (24:29):
Seven feet, if they're using it, just tear out a fence.
It's on your property. You tell the neighbor to get
rid of the fence. You're on my property. I'm missing
something here.
Speaker 4 (24:41):
No, no, you're not missing anything.
Speaker 1 (24:43):
I just didn't think it was this simple.
Speaker 3 (24:44):
Yeah, it is. The and the Eastman still occurs. It's
going to be a twenty foot Eastman no matter what.
Speaker 1 (24:51):
So I just take back the seven feet that the
easement is supposed to be and that's it.
Speaker 2 (24:54):
But the ease one is already yah. Yeah, you can
take it back.
Speaker 3 (24:57):
But the problem is if an emergency vehicle can't get
down there, you just can't arbitrarily do it because that
stops emergency vehicles from kind of coming in. And you
can't drive down the You can't drive down the Eastman.
You can't drive down that piece of property. You need
a lawyer, a real estate lawyer is going to look
at this. And here's the good news is when you
(25:19):
bought the property, two things are happening here.
Speaker 2 (25:22):
Uh huh.
Speaker 3 (25:23):
That's good news because I'm such a maven in real
estate law because I've done so many real estate cases.
Speaker 2 (25:29):
In my life all zero.
Speaker 3 (25:30):
You're like you, yeah, I'm a smart guy, and I
still if you have a frozen embryo, I know what
I'm talking about. So here's good news on suing the
guy with the easement business. One attorney's fees are going
to be paid for by the seller because that's in
your contract. Prevailing the prevailing party gets attorney's fees. Number
(25:55):
two is he probably has title insurance and so you're
going after deep pockets and I just you get a
letter to you get a lawyer to figure that one out.
That's what I would do. And if I'm missing something,
you have to let me know. I'm I'm sure that
there'll be a lawyer out there that said, now you
(26:16):
know handle, you're completely wrong? All right, Cameron, Hello, Cameron, welcome.
Speaker 1 (26:26):
There.
Speaker 6 (26:27):
Yes, can you hear me?
Speaker 2 (26:28):
Yes? I can't go ahead?
Speaker 6 (26:30):
Okay, my wife was told by a co worker at
work that she needs to stay in a woman's place
or else she's going to get led in her head.
We met her management so far has done nothing besides
write them both up for having a verbal dispute. We've
spoken to, We've I reached out to two different law
(26:53):
firms and either one of them seemed very interested. I'm wondering,
does she have a case at all in this?
Speaker 3 (26:59):
Okay, Well, okay, let me ask you.
Speaker 2 (27:02):
Did anybody hear the threat?
Speaker 3 (27:06):
Did anybody overhear what that coworker said to her?
Speaker 6 (27:11):
Yes? Okay, there's there's been statements written. There's been written statements.
Speaker 3 (27:15):
Okay, so there have been Okay, so there have been
It is literally on the record that the worker said
that you are gonna get a head full of lead.
Speaker 6 (27:26):
Correct, yeah, he I guess he went around and tried
to try to do damage control, and he told another person, well,
I wouldn't say that, I would do it.
Speaker 2 (27:36):
Okay, but what's on the record. What's on the record, Cameron?
Speaker 6 (27:39):
I don't know, man, I don't know. I haven't seen
the records. I don't work there, you know. But what
I do know, I think she's allowed.
Speaker 2 (27:45):
I think she's allowed.
Speaker 3 (27:46):
Hold on, sorry, I'm coughing my way through that. I
think she's allowed to see her file. How big a company?
How big a company does she work for?
Speaker 2 (27:56):
Cameron?
Speaker 6 (27:58):
Huge, six hundred and forty five?
Speaker 3 (27:59):
Okay, all right, so there's okay, so there's an HR
department and there's a file which I think she's allowed
to see.
Speaker 2 (28:06):
I think a lot of it has to do.
Speaker 3 (28:08):
With with what is put in the file and what
witnesses will say and what they did say.
Speaker 2 (28:17):
Now, the attorney is going.
Speaker 3 (28:20):
To argue, you know what kind of you know, kind
of lawsuit is probably a hostile work environment. I mean,
you can sue the person who made the threat individually,
but you know, what are you gonna do. You know
they're gonna you're gonna hire a lawyer. You're gonna have
to pay money. They won't do it on contingency. That's
(28:40):
I I believe the only thing they have. And you
can and you sue the company for allowing hostile work environment,
and today you can go after companies company allows that
to happen.
Speaker 2 (28:50):
I think there's some liability there.
Speaker 3 (28:53):
But if two lawyers said no, it's not a question
that she doesn't have a case. It's a question of
there's not enough money for the lawyers. And even when
you are right, and you sound right based on what
you say, there's not enough money because they're going after
the insurance company of the company, and the insurance company
(29:14):
has lawyers. That's a tough way to go. This is
Handle on the Law kf I A M six forty.
Don't handle here. It is a Saturday morning. As we
continue on, welcome back Handle on the Law, Marginal Legal Advice.
Speaker 2 (29:34):
Hello Paul, good morning, Yes sir, yes, sir.
Speaker 7 (29:39):
Yeah, Bill, I came here today is to America legally
and from where I have been living from you hope,
well where in Europe?
Speaker 6 (29:53):
Italy? Oh?
Speaker 2 (29:55):
You're Italian.
Speaker 3 (29:56):
No, that's good, Okay, only because I like Italy a lot.
All right, So what your iss?
Speaker 2 (30:02):
No question?
Speaker 7 (30:03):
My issue is the my wife has been increasingly not
feeling well, and I'm just in that situation trying to
help whatever I can, but unfortunately, in case something happened
that you know, she passes, is my immigration going to
(30:23):
be affected by.
Speaker 4 (30:24):
This or not?
Speaker 2 (30:26):
Okay, I'm a little confused.
Speaker 3 (30:28):
Okay, your wife is not feeling well, and I missed
the first part. And how is your immigration status connected
to your wife?
Speaker 7 (30:41):
We've been married for now well over twenty years.
Speaker 2 (30:45):
Okay, who does one of you? Is one of you
legal and the other one is not?
Speaker 7 (30:52):
No? I am I came here also legally.
Speaker 2 (30:54):
I didn't care legally. And and your and your wife
is legal? Correct?
Speaker 4 (31:01):
Yeah?
Speaker 7 (31:01):
Well she's American?
Speaker 2 (31:03):
Okay, Well that's easy. So what's your question?
Speaker 7 (31:06):
My question is Bill, she's increasingly not feeling well since
the last three or four years, and in case something happened.
Speaker 2 (31:14):
That she dies or okay?
Speaker 7 (31:18):
Yeah, And is is my immigration going to be since
she has been in a petition in me? Okay, she's
going to be affected?
Speaker 2 (31:26):
Okay? Okay?
Speaker 3 (31:28):
Uh, we we first start with a question, have you
ever seen because you have to she has to go
in for an interview for you to uh, in fact
connect with her.
Speaker 2 (31:38):
Have you ever seen Breakfast at Bernie's? Probably not? Okay,
that's that's an important movie for you to have seen. Uh.
Speaker 3 (31:47):
The fact is, uh, you are legal because you have
a green card. You came here legally and you have
a green card.
Speaker 2 (31:53):
You're here.
Speaker 7 (31:55):
You're here here, yes, Bill. But when I came here,
they gave me and that's the sequent question, died that
I have. When I came here, they gave me a
permanent resident the card what I believe is a green card, right,
and then the card and the card they expired in
two thousand and nine. Now at that time, I thought,
(32:16):
this is permanent card for like forever, for all he
knew or whatever.
Speaker 3 (32:21):
No, it is, No, it is it is forever. You
are now a resident of the United States. Now, the
fact that your green card expires, there's some things about
working and hassle getting back when you travel, but you
are a legal resident, my friend, They're.
Speaker 2 (32:37):
Not going to toss you out.
Speaker 3 (32:38):
Thank you, thank you, all right, you got it, unless
you got President Bush. President of President Trump saying well, no,
we're not going to honor green cards matter. As a
matter of fact, he signed we're talking about the president now,
he signed a an executive order first day that he
(32:59):
was in office saying that people born in the United States,
if their parents don't have legal status, those kids born
in the United States are not legal, they are not residents,
and they are not citizens in the United States. That's
in violation of the fourteenth Amendment of the Constitution. That's
(33:23):
in the Constitution that these people are residents or citizens
if they're born in the United States. So the green
card do they redo that? Where green cards just disappear?
Who the hell knows? Who absolutely knows? All right, I
want to share with you a moment about handle on
the law dot Com. Handle on the law dot Com
(33:45):
is a referral service that I created several years ago
because I was getting phone calls and a whole lot
of them about referring lawyers with personal injury issues. And
if you look around you talk about the advertising lawyers do,
ninety percent of them are personal injury. There's so many
(34:06):
of them. And who do you know? Who's good? Who
do you trust? Some of them are very very good,
and some of them are not and you're up in
the air. So Handle on the Law dot Com. Attorneys
are vetted, they are well. It's a pretty good vetting system.
On top of that, if there's a problem with an
attorney who represents you, I handle on the law dot Com.
(34:27):
I make the phone call to that attorney that is oversight.
So if you've been injured, car accident, a slip and fall,
a box falls on you from a big box store,
it doesn't matter. If it's not your fault and you've
been injured, I'm going to suggest you go to handle
on the law dot com. Those are the attorneys that
I'm going to suggest handle. That's where I go to,
(34:50):
by the way, handle because I wouldn't handle my own case.
Never remember any there's a wonderful phrase, any lawyer who
represents himself has a fool for a client. Exactly correct.
Handleothlaw dot com. This is Handle on the Law.
Speaker 2 (35:07):
You've been listening to the Bill Handle Show.
Speaker 3 (35:09):
Catch my show Monday through Friday six am to nine am,
and anytime on demand on the iHeartRadio app.
You're listening to Bill Handle on demand from kf I
Am six forty.
Speaker 2 (00:08):
KF five AM six forty a bill Handle here.
Speaker 3 (00:12):
It's a Saturday morning right up until eleven o'clock, and
I'll continue to take phone calls, but I'll tell you
about that later on.
Speaker 2 (00:18):
In the meantime.
Speaker 3 (00:19):
The phone number here eight hundred five two zero one
five three four, and it is the top of the hour,
which means lines are generally and they are open, So
jump in eight hundred five two zero one five three four.
Eight hundred five two zero one five three four last hour.
Boy did I get into it with a woman who
(00:40):
she just didn't want to hear what I had to say.
I don't know why people bother, but they you know,
fighting is fighting, and it's always fun to do an
oultier k an altercation or two. Eight hundred five two
zero one five three four. That's the number to hit.
That's not number to dial. Welcome to Handle on the law.
(01:03):
Marginal legal advice where I tell you have absolutely no case.
This is a case that has being was looked at
very very carefully, and that has to do with the
Texas Republicans redistricting taking the map of their congressional districts
(01:25):
and reshaping those districts jerrymandering, if you will, so that
Republicans are mainly in certain districts to effectually add Republican districts.
And the way it's done is you take all the
Democrats and you draw a line around the Democrats, and
(01:45):
you can draw a really weird, weird line with little
peninsulas and indentions and whatever, and so all the Democrats
are in that area, which means that the Democrats that
used to be in the other area are no longer there.
Speaker 2 (02:02):
And in the reverse, the Republicans.
Speaker 3 (02:05):
That used to be in those democratic or primarily democratic
areas aren't there anymore because of the redistricting.
Speaker 4 (02:12):
They are now.
Speaker 3 (02:13):
In what is primary primarily Republican areas, which means that
those particular districts are probably going to probably going to
go Republican. And with that, five new seats are being
created that are probably going probably going to lean.
Speaker 2 (02:29):
I mean, there are no seats are being.
Speaker 3 (02:31):
Created, but the way it is drawn up jerrymandering, redistricting.
All right, Well, it was sued, there was a lawsuit
that hit a whole bunch of people. Districts, you had
school boards individuals. We're arguing that the districting, the redistricting
(02:52):
of those those congressional districts, was not really politics.
Speaker 2 (02:56):
It was race. That's what the Texas legislation sure was doing.
Speaker 3 (03:01):
It was segregating white from black because the Democrats in
that area are primarily black. Republicans majority white. And so
the argument was, you guys, did this for racial purposes.
Now for political purposes. It's okay, purely political purposes. For
(03:25):
racial purposes, it's unconstitutional.
Speaker 2 (03:28):
You can't do that.
Speaker 3 (03:29):
So that was the case going up to the Supreme Court,
and you had the Democratic leaders and folks that were
against this redistricting filing that lawsuit saying it's rac it's
racist race, and the Republicans are saying, no, it's not,
it's politics as politics as politics. Well, the court gave
it to the Texas Republicans. The Supreme Court gave it
(03:49):
to them, saying it is not race, it is politics,
and we're going to let this fly. Another reason that
they're doing this the court has done this outside of
that decision is that the Supreme Court gives tremendous power
and leeway to state legislators also congress it's their job
(04:14):
to legislate. It's not our job to legislate. We merely interpret.
And so the court said that this is an issue
of interpretation.
Speaker 2 (04:27):
We've decided it is not racial.
Speaker 3 (04:30):
The fact that the Republicans happen to control the Legislative House.
Speaker 2 (04:36):
Okay, so they happen to control it.
Speaker 3 (04:38):
They have the ability to read district whenever they want,
because that's the other issue. They're redistricting in the middle
of the census period, and traditionally it happens at the
end of the census whenever census are taken. But it's
gone the other way too. So the legislature was in
its power to do what it did. It was not
(05:01):
racial in makeup. And so the Texas Republicans win this one.
Speaker 1 (05:07):
Oh.
Speaker 3 (05:07):
By the way, this started with President Trump and he
told the Texas Republicans to.
Speaker 2 (05:12):
Do exactly that.
Speaker 3 (05:14):
And I think Carolina, either North Carolina or South Carolina
followed suit. And I think you have Missouri now doing
the same thing. California with Prop. Fifty went the other
way and there was a fight, and that's that continues on.
It's gonna be very interesting to see what happens. All right,
let's do it with handle on the law. Joanna, Hello, Joanna, welcome.
Speaker 5 (05:42):
Oh hi Bill, let me set me off the speaker. Yeah. So,
first of all, I'm a senior citizen, so I don't
know if this plays into it. But I have a
camping van and I had a repair made in jail,
and I don't use the van all the time because
(06:04):
it's a camping van. And so a couple of months later,
when I was using it, I noticed that on the
level highest level of the air conditioner blower, it does
not blow at all level four. So they replaced the
heater core. It's a folk citing camping van. And I
looked up and indeed, that can happen when they replaced
(06:27):
the heater core. So I called and I.
Speaker 3 (06:31):
Got, okay, hang on glowing, let me there's a little
bit of confusion here.
Speaker 4 (06:38):
Uh.
Speaker 3 (06:38):
They replaced the heater core and you looked it up,
and the problem that you had can come.
Speaker 2 (06:44):
Out of a replaced heater core.
Speaker 5 (06:48):
Mm hmm.
Speaker 3 (06:49):
Okay, So they put in a heater core that sometimes
goes south. A new heater core sometimes doesn't work correct
on that level four.
Speaker 2 (06:59):
Okay.
Speaker 5 (07:02):
So when I called, which was a couple of months later,
because I don't use it, I'm senior. I don't even
know what to check for. I didn't even know what
to do. So the man was so aggressive, yelling and
screaming at me, and I said, sir, he said, this
isn't the part that I said. I know, but this
does happen with level four. He said, I'm going to
hang up on you, and he hung up and wouldn't
(07:24):
talk to me. All right, And then I had someone
else call for me, same thing. He just screaming and
yelling and hanging out. So I'm kind of intimidated to
go there. I don't know what to do.
Speaker 2 (07:35):
You're not going to go there.
Speaker 3 (07:36):
You'd assume a small claims court. And what you're going
to do is whatever the cost of replacing that heater
core is, is what.
Speaker 2 (07:47):
You are going to sue him for. Now. What is
his defense?
Speaker 3 (07:51):
Exactly what you said, and that is we will put
in Sometimes when we put in a new heater core,
it doesn't work. That is not our problem. What we
do is supply a new heater core. We put it in.
We've bought the equipment, we did the labor, and if
you have a problem, you go after the manufacture, not me,
(08:15):
And so you get to go file lawsuit against the
manufacture of the heater core because I think he's got
a defense.
Speaker 2 (08:21):
I think he has a defense.
Speaker 5 (08:23):
But here's the thing I looked up in this this
particular problem. When they put in the heater core, it
should just be a wire that's bumped. It can be
it's only something that happens when they are putting in
the heater core. They bump something or sensual.
Speaker 2 (08:38):
Okay, or you didn't tell me that.
Speaker 3 (08:39):
The only way it can happen if they negligently put
in the heater core.
Speaker 2 (08:43):
Correct. They have to do something wrong, is that right? Okay?
Speaker 3 (08:47):
So here's what you have to do is bring someone
else in because you won't talk to you fix it.
And there's the amount of money that is now. Oh,
first you make a demand in writing of the pair man,
the first guy, and you tell him, I expect you
to pay for it. Here's the bid. I got to
repair it or you come out and repair it. He's
(09:08):
probably gonna ignore you. And then you file a small
claim suit action against him. And the fact that you
are elderly. How old is elderly?
Speaker 2 (09:17):
How old are you three?
Speaker 5 (09:20):
Three?
Speaker 2 (09:21):
You're seventy three? Yeah, yeah, you're not elderly. I mean
not today.
Speaker 3 (09:25):
You know, seventy three is a new seventy two, so
it really doesn't matter. So when you are over I
think seventy two or sixty five, whatever it is, you can.
Speaker 2 (09:36):
Speed up going to trial.
Speaker 3 (09:39):
I don't know if that happens in small claims court
whether you can speed it up, because it goes pretty
quickly anyway, and you can't have a lawyer, and you
just make the argument. You bring someone else in who
does the whole thing, and you have the bid, you
have what was wrong with it, and there it is.
So first the demand, he'll ignore it. Then you get
the bid and you tell him this is when I
(10:01):
get a cost. You go ahead and pay for this
or repair, and then you sue in small claims court.
Speaker 2 (10:07):
That's it.
Speaker 5 (10:08):
My question. Do I send the letter the demand letter?
Do I send it registered mail?
Speaker 2 (10:13):
Yes?
Speaker 3 (10:14):
Yes, yes, you do email, You do registered mail, You
do everything you can, you send it via camel, whatever
you can to make sure that he can't say I
never got it.
Speaker 5 (10:27):
His argument. Other argument was, so you're yelling and screaming
at me. I said, just wait, I know what you're saying,
but this is something, oh that doesn't matter.
Speaker 3 (10:34):
Yeah, it doesn't matter. Yeah, the screaming doesn't matter. Court
doesn't care about that. Scream right back.
Speaker 2 (10:39):
Yell at him.
Speaker 3 (10:40):
When you call him up and you say you got
to repair it, just scream at him, same way. It's
all you have to do. It's not that complicated. Yeah,
Courts don't care how people act toward each other unless
they're threats. And he was just being obnoxious. He just
sounded like a complete bastard. That's all this is. Handle
on the Law, can't find a m A six forty,
(11:01):
don't handle Saturday morning right up until eleven o'clock. Richard
Murrow from eleven to two, and Neil Savadria with the
Fork Report All Things food and food Ease from two
to five. The phone number here for marginal A little
lesson Marginal, A little less than that eight hundred five
(11:24):
two zero one five three four eight hundred five two
zero one five three four. Oh, welcome back, Handle on
the Law, Marginal Legal Advice, John.
Speaker 2 (11:41):
Welcome John, Yes, h right, All right.
Speaker 4 (11:45):
Well, I got a I got a pretty complicated situation here.
Hellong story, but I'll try to be brief. I borrowed
my sister's car. She hates me all this, and she
took my cell phone because I wanted to call my
accountant where I used to live, so she wouldn't give
(12:09):
it to me. And the bottom line is I took
her car, drove to where my accountant lives, which is
about an hour and a half away, in the middle
of the night, doing like one hundred miles an hour
on the freeway. Anyway, I get to it. How we talk.
He takes care of my tax problem. And she had
(12:32):
loadjack on her car. And it's a piece of shoe.
It's a nineteen ninety eighty.
Speaker 3 (12:38):
Well me, okay, I'm a little I'm a little confused.
She you hate her, yet you borrowed her car. She
let you borrow it? Is that right?
Speaker 4 (12:46):
Okay? So the bottom eye line is she reports it stolen,
I go to jail. She won't drop the charges. So
now I'm trying to get it expunged off my record
because Okay, I had a public November. I was homeless, Okay,
I was living in the park.
Speaker 3 (13:05):
Yeah, Unfortunately that doesn't matter as far as the law
is concerned.
Speaker 2 (13:10):
So, uh, there you are.
Speaker 3 (13:11):
You were convicted of grand theft auto effectively correct? Yeah, correct, okay,
And uh that's it. That's the felony you were convicted of.
I have that writer.
Speaker 2 (13:22):
There are other crimes, correct, correct, Okay.
Speaker 4 (13:26):
Well there's there's a few other things that took place
while I was homeless too that I got arrested for
as well.
Speaker 3 (13:33):
That what happened in those cases. This was after the
after you were convicted for the auto deft.
Speaker 4 (13:39):
Super quick, somebody stole my bike. I'm living in the park.
One of the homeless people there goes, oh, hey, man,
I have a bike, just go pick it up.
Speaker 3 (13:48):
So okay, so that doesn't matter, but I don't care.
I don't care about the facts of that. Were you
convicted of any crime while you were homeless?
Speaker 4 (13:58):
Yes? Three.
Speaker 2 (14:00):
You were convicted of three more crimes. One was the
what were the trouble? A total of three okay, and
those crimes were what.
Speaker 4 (14:14):
Okay, first one my sister, right right.
Speaker 2 (14:17):
I understand that loads got it.
Speaker 3 (14:19):
I got it, I got it load Jack okay, yeah, okay.
Speaker 4 (14:23):
So so I don't want to go back to my
accountant's house to be embarrassing. So I walked briefly down
the street I lived in. Uh well, I don't want
to say any cities. I walked down the street and
I see this Ford Bronco all smashed up off road,
vehicle had been rolled, the workless, cave in, windows broken,
(14:46):
muddle over.
Speaker 2 (14:47):
Did you take it?
Speaker 1 (14:48):
So?
Speaker 4 (14:48):
I took it?
Speaker 2 (14:49):
Okay, took it.
Speaker 4 (14:50):
I drove it fifty.
Speaker 3 (14:51):
Okay, that's still theft. If it's worth over one thousand
dollars or nine hundred and fifty bucks, that's still fa Okay.
So there's another Okay, there's another with a language, So
the guy who stole it. So you stole a stolen car, right, okay?
And you were convicted, but you're still convicted of that theft? Yeah, okay,
(15:16):
what's the next one?
Speaker 4 (15:20):
And then the bicycle?
Speaker 2 (15:22):
Okay? So you were So you have three convictions? And
what what? What is all right? Okay? Burkelary, all right?
Was it the conviction for as a felony or misdemeanor?
Fellenny felony? So you have three felonies on your record?
What is your question?
Speaker 4 (15:41):
How do I get them expounds?
Speaker 2 (15:43):
Good luck?
Speaker 3 (15:44):
Okay, because you have some violent crimes involved in that.
Speaker 2 (15:49):
They are felonies. When did this happen? John? How long
are you?
Speaker 4 (15:57):
April thirteen, twenty twenty three.
Speaker 3 (16:00):
Oh, so you're only talking to a couple of three years. Yeah,
not gonna happen. Not gonna happen. Misdemeanors can be expunged.
Felonies very very difficult. And then you're talking. You know,
in some cases you can't at all because the law
is crystal there.
Speaker 2 (16:16):
In some cases it is wobbler. They can go either way.
One okay, one more thing, yeah, one more real quickly?
Speaker 4 (16:24):
Okay. So when I went into Ventura County, I weighed
two hundred and thirty pounds. I'm six foot four, played
football my whole life, right, I was a commissioner for
the city. I list okay, right, all right, okay. When
I came out, I weighed one hundred.
Speaker 3 (16:42):
Ft against the county. Having nothing to do with your felonies.
It's a separals, it's a several. It's a separate civil suit,
which is eminently defensible.
Speaker 2 (16:54):
You are so out of luck.
Speaker 3 (16:57):
It was a bunch of long stories, and these are
sab stories.
Speaker 2 (17:01):
Now.
Speaker 3 (17:01):
The stop stories have to do with mitigating the sentence,
and that is when a conviction happens. And now you're
looking at, for example, ten to twenty hypothetically. Then you
throw the sob stories up. Then you ask for the minimum,
then your return he goes, but your honor.
Speaker 2 (17:22):
Look at this.
Speaker 3 (17:23):
He was in the big murder cases, abused as a kid,
mentally ill. In John's case, look at everything that happened
to him. He turned out to be homeless when he
stole the bicycles. Look what the circumstances are when he
took his sister's car.
Speaker 2 (17:43):
I mean all of that, but the conviction not so good. Now,
let me tell you when you do need a lawyer.
Speaker 3 (17:52):
If you've been injured, let's say, get a car accident,
or you go to a big box store and a
big box falls on your head.
Speaker 2 (17:58):
I've had those happen. Or you're t boned, it doesn't matter.
Speaker 3 (18:02):
So if you've been injured in anyone of these vehicle
accidents or slipping falls, and now you're going after whoever,
you're going after the driver of the other car, you're
going after the store. And the more you're injured, the
more serious it gets, and the more you need an attorney.
Because at the other side, the insurance companies you are
(18:23):
going to be talking to, they're really good at not
paying you. That's what they do. These people make a
living not paying you or paying you less money. This
is where a lawyer comes in and a good lawyer
who represents you, and the good lawyer charges a percentage
of what is collected. There's never money out of pocket.
So how do you know when you have a good lawyer?
(18:45):
Do you look at one of those billboards? Do you
hear one of the commercials on radio or TV? And
some of these lawyers are excellent, by the way, not
arguing with that, some not so much. So how do
you know? Well, this is why I created handle on
the law dot Com.
Speaker 2 (19:03):
Handle on the law dot Com is.
Speaker 3 (19:05):
About vetted lawyers who if there is a phone call,
if there is a problem, I make the phone call
to the lawyer and I've done that.
Speaker 2 (19:12):
A couple of times over the years.
Speaker 3 (19:14):
So not your fault injured contact Handle on the law
dot com. Handle on the law dot com. This is
handle on the law.
Speaker 1 (19:25):
You're listening to bill Handle on demand from Kfi A
M six forty.
Speaker 2 (19:31):
KFI.
Speaker 3 (19:32):
Handle here Saturday morning right up until eleven o clock.
Phone number here to call in and ask me a
marginal question. Where I give you marginal advice is eight
hundred and five to zero.
Speaker 2 (19:47):
One five three four Welcome back.
Speaker 3 (19:52):
Handle on Law marginal legal advice. Steve, Hello, Steve, Europe, welcome.
Speaker 4 (20:00):
Handle.
Speaker 1 (20:01):
So yes, I buy a house in Yorba Linda. It
has a right of way eastman three hundred feet from
the road, and it is thirteen feet wide. When I
looked at my title and I went to the city
and I looked at the survey, it's supposed to be
twenty feet wide, not thirteen feet wide. Do I have
(20:21):
the right to take this seven feet from the neighbor?
Speaker 2 (20:24):
Okay?
Speaker 3 (20:25):
It's a first of all, you talking about an easement,
so it's a the ability to use it. If you're
talking about taking it, what do you plan. Let's say
you take back the seven feet. What are you gonna
do with it?
Speaker 1 (20:37):
Just because we're thirteen feet It is not possible, for example,
for one car to be part an emergency vehicle to
enter my home.
Speaker 2 (20:44):
Okay, got it? So it has to stay open. There's
no stay open.
Speaker 1 (20:48):
Anybody can access it.
Speaker 2 (20:49):
Right, Okay, fair enough.
Speaker 3 (20:51):
And so it was represented to you as a twenty
foot eastman and now you find out it's a thirteen
foot easement. Correct, Yes, physically okay, god, okay, Okay.
Speaker 2 (21:06):
There's a there's a few things that you can do uh.
Speaker 3 (21:10):
First and foremost, I think you can just unravel the sale,
just unravel it.
Speaker 2 (21:16):
When was when was his property by Steve? When when
did you buy?
Speaker 4 (21:21):
Oh?
Speaker 2 (21:21):
Okay, so you're okay, you're well within the statue.
Speaker 3 (21:24):
So uh you can just say I want my money back,
you have your property back.
Speaker 2 (21:28):
That's one thing you can do.
Speaker 4 (21:30):
Uh.
Speaker 2 (21:30):
The other thing you can do is to.
Speaker 3 (21:33):
Figure out, uh, the value of the home at thirteen
foot easement versus a twenty foot easement.
Speaker 1 (21:44):
But it is not possible if I just to add
to this with because.
Speaker 3 (21:49):
This now, no, you can't you know, it's already recorded
as that with You can't just walk in no, unless
it's recorded that you have a twenty.
Speaker 1 (21:58):
Foot yes, this this is my point. The title, the
title report says twenty feet. This title is thirteen feet.
Speaker 3 (22:05):
All right, I understand, I understand. And what you're saying
is you are out thirteen feet. Title says that you
have the twenty foot easement and they sold it to
you as a they sold it to.
Speaker 2 (22:21):
You with only thirteen feet.
Speaker 3 (22:24):
Okay, you have been damaged seven feet and what can
you do with it? Well, stays an easement was the
value of the property. It's gone down for sure. Now
you file a lawsuit. You can file a lawsuit, which
you have to basically unless well, no, you already own it.
I mean you own the twenty feet, so now what Okay,
(22:47):
you own the twenty feet so okay, so I don't
understand if you own the twenty feet, what's happening with
the property now?
Speaker 2 (22:55):
No?
Speaker 1 (22:55):
No, okay, I'll explain. Okay again right now, the easement physically,
if you go to my house and you take a
tape measure, it is thirteen feet by three hundred feet long.
Speaker 2 (23:04):
Yeah, I understand.
Speaker 3 (23:04):
What do you And here's my point, what do you
What are you using that extra seven feet for?
Speaker 1 (23:11):
I need to use the seven feet so I can
put so two cars can drive down this eastment at
the same time.
Speaker 2 (23:17):
Okay. And it is there a fence there?
Speaker 1 (23:20):
There is a fence at thirteen fourteen feet?
Speaker 3 (23:23):
Yes, okay, so you can't drive the car down, but
it's on your property.
Speaker 2 (23:28):
Rip out the fence, that's correct. Rip out the fence.
It's on your property. Yeah, you rip it out, it's okay. Yeah,
because the Eastman that depends on what the Eastman is
used for. Uh.
Speaker 3 (23:38):
And the problem is is you pointed out. Emergency vehicles
can't get in there. So I'm surprised the city doesn't
rip it out because all of a sudden there's an
easement that is put in and probably goes put in
a place for exactly that. Uh yeah, and then you sue,
you sue, you sue for the domination of value.
Speaker 1 (23:58):
It's the only entrance into this house.
Speaker 2 (24:01):
Okay, that makes it even more valuable.
Speaker 3 (24:03):
That makes it even more And you're saying that they
put up a fence that you can't even get into
your golf course.
Speaker 1 (24:10):
No, no, I can. I can get in, but only
during only through this thirteen foot section when it's supposed
to be twenty feet.
Speaker 2 (24:16):
I understand, I get it, I get it.
Speaker 3 (24:19):
The point is you own the other seven feet you
got screwed out of seven feet, or they're just using
the seven feet that you own.
Speaker 2 (24:28):
If they're using the.
Speaker 3 (24:29):
Seven feet, if they're using it, just tear out a fence.
It's on your property. You tell the neighbor to get
rid of the fence. You're on my property. I'm missing
something here.
Speaker 4 (24:41):
No, no, you're not missing anything.
Speaker 1 (24:43):
I just didn't think it was this simple.
Speaker 3 (24:44):
Yeah, it is. The and the Eastman still occurs. It's
going to be a twenty foot Eastman no matter what.
Speaker 1 (24:51):
So I just take back the seven feet that the
easement is supposed to be and that's it.
Speaker 2 (24:54):
But the ease one is already yah. Yeah, you can
take it back.
Speaker 3 (24:57):
But the problem is if an emergency vehicle can't get
down there, you just can't arbitrarily do it because that
stops emergency vehicles from kind of coming in. And you
can't drive down the You can't drive down the Eastman.
You can't drive down that piece of property. You need
a lawyer, a real estate lawyer is going to look
at this. And here's the good news is when you
(25:19):
bought the property, two things are happening here.
Speaker 2 (25:22):
Uh huh.
Speaker 3 (25:23):
That's good news because I'm such a maven in real
estate law because I've done so many real estate cases.
Speaker 2 (25:29):
In my life all zero.
Speaker 3 (25:30):
You're like you, yeah, I'm a smart guy, and I
still if you have a frozen embryo, I know what
I'm talking about. So here's good news on suing the
guy with the easement business. One attorney's fees are going
to be paid for by the seller because that's in
your contract. Prevailing the prevailing party gets attorney's fees. Number
(25:55):
two is he probably has title insurance and so you're
going after deep pockets and I just you get a
letter to you get a lawyer to figure that one out.
That's what I would do. And if I'm missing something,
you have to let me know. I'm I'm sure that
there'll be a lawyer out there that said, now you
(26:16):
know handle, you're completely wrong? All right, Cameron, Hello, Cameron, welcome.
Speaker 1 (26:26):
There.
Speaker 6 (26:27):
Yes, can you hear me?
Speaker 2 (26:28):
Yes? I can't go ahead?
Speaker 6 (26:30):
Okay, my wife was told by a co worker at
work that she needs to stay in a woman's place
or else she's going to get led in her head.
We met her management so far has done nothing besides
write them both up for having a verbal dispute. We've
spoken to, We've I reached out to two different law
(26:53):
firms and either one of them seemed very interested. I'm wondering,
does she have a case at all in this?
Speaker 3 (26:59):
Okay, Well, okay, let me ask you.
Speaker 2 (27:02):
Did anybody hear the threat?
Speaker 3 (27:06):
Did anybody overhear what that coworker said to her?
Speaker 6 (27:11):
Yes? Okay, there's there's been statements written. There's been written statements.
Speaker 3 (27:15):
Okay, so there have been Okay, so there have been
It is literally on the record that the worker said
that you are gonna get a head full of lead.
Speaker 6 (27:26):
Correct, yeah, he I guess he went around and tried
to try to do damage control, and he told another person, well,
I wouldn't say that, I would do it.
Speaker 2 (27:36):
Okay, but what's on the record. What's on the record, Cameron?
Speaker 6 (27:39):
I don't know, man, I don't know. I haven't seen
the records. I don't work there, you know. But what
I do know, I think she's allowed.
Speaker 2 (27:45):
I think she's allowed.
Speaker 3 (27:46):
Hold on, sorry, I'm coughing my way through that. I
think she's allowed to see her file. How big a company?
How big a company does she work for?
Speaker 2 (27:56):
Cameron?
Speaker 6 (27:58):
Huge, six hundred and forty five?
Speaker 3 (27:59):
Okay, all right, so there's okay, so there's an HR
department and there's a file which I think she's allowed
to see.
Speaker 2 (28:06):
I think a lot of it has to do.
Speaker 3 (28:08):
With with what is put in the file and what
witnesses will say and what they did say.
Speaker 2 (28:17):
Now, the attorney is going.
Speaker 3 (28:20):
To argue, you know what kind of you know, kind
of lawsuit is probably a hostile work environment. I mean,
you can sue the person who made the threat individually,
but you know, what are you gonna do. You know
they're gonna you're gonna hire a lawyer. You're gonna have
to pay money. They won't do it on contingency. That's
(28:40):
I I believe the only thing they have. And you
can and you sue the company for allowing hostile work environment,
and today you can go after companies company allows that
to happen.
Speaker 2 (28:50):
I think there's some liability there.
Speaker 3 (28:53):
But if two lawyers said no, it's not a question
that she doesn't have a case. It's a question of
there's not enough money for the lawyers. And even when
you are right, and you sound right based on what
you say, there's not enough money because they're going after
the insurance company of the company, and the insurance company
(29:14):
has lawyers. That's a tough way to go. This is
Handle on the Law kf I A M six forty.
Don't handle here. It is a Saturday morning. As we
continue on, welcome back Handle on the Law, Marginal Legal Advice.
Speaker 2 (29:34):
Hello Paul, good morning, Yes sir, yes, sir.
Speaker 7 (29:39):
Yeah, Bill, I came here today is to America legally
and from where I have been living from you hope,
well where in Europe?
Speaker 6 (29:53):
Italy? Oh?
Speaker 2 (29:55):
You're Italian.
Speaker 3 (29:56):
No, that's good, Okay, only because I like Italy a lot.
All right, So what your iss?
Speaker 2 (30:02):
No question?
Speaker 7 (30:03):
My issue is the my wife has been increasingly not
feeling well, and I'm just in that situation trying to
help whatever I can, but unfortunately, in case something happened
that you know, she passes, is my immigration going to
(30:23):
be affected by.
Speaker 4 (30:24):
This or not?
Speaker 2 (30:26):
Okay, I'm a little confused.
Speaker 3 (30:28):
Okay, your wife is not feeling well, and I missed
the first part. And how is your immigration status connected
to your wife?
Speaker 7 (30:41):
We've been married for now well over twenty years.
Speaker 2 (30:45):
Okay, who does one of you? Is one of you
legal and the other one is not?
Speaker 7 (30:52):
No? I am I came here also legally.
Speaker 2 (30:54):
I didn't care legally. And and your and your wife
is legal? Correct?
Speaker 4 (31:01):
Yeah?
Speaker 7 (31:01):
Well she's American?
Speaker 2 (31:03):
Okay, Well that's easy. So what's your question?
Speaker 7 (31:06):
My question is Bill, she's increasingly not feeling well since
the last three or four years, and in case something happened.
Speaker 2 (31:14):
That she dies or okay?
Speaker 7 (31:18):
Yeah, And is is my immigration going to be since
she has been in a petition in me? Okay, she's
going to be affected?
Speaker 2 (31:26):
Okay? Okay?
Speaker 3 (31:28):
Uh, we we first start with a question, have you
ever seen because you have to she has to go
in for an interview for you to uh, in fact
connect with her.
Speaker 2 (31:38):
Have you ever seen Breakfast at Bernie's? Probably not? Okay,
that's that's an important movie for you to have seen. Uh.
Speaker 3 (31:47):
The fact is, uh, you are legal because you have
a green card. You came here legally and you have
a green card.
Speaker 2 (31:53):
You're here.
Speaker 7 (31:55):
You're here here, yes, Bill. But when I came here,
they gave me and that's the sequent question, died that
I have. When I came here, they gave me a
permanent resident the card what I believe is a green card, right,
and then the card and the card they expired in
two thousand and nine. Now at that time, I thought,
(32:16):
this is permanent card for like forever, for all he
knew or whatever.
Speaker 3 (32:21):
No, it is, No, it is it is forever. You
are now a resident of the United States. Now, the
fact that your green card expires, there's some things about
working and hassle getting back when you travel, but you
are a legal resident, my friend, They're.
Speaker 2 (32:37):
Not going to toss you out.
Speaker 3 (32:38):
Thank you, thank you, all right, you got it, unless
you got President Bush. President of President Trump saying well, no,
we're not going to honor green cards matter. As a
matter of fact, he signed we're talking about the president now,
he signed a an executive order first day that he
(32:59):
was in office saying that people born in the United States,
if their parents don't have legal status, those kids born
in the United States are not legal, they are not residents,
and they are not citizens in the United States. That's
in violation of the fourteenth Amendment of the Constitution. That's
(33:23):
in the Constitution that these people are residents or citizens
if they're born in the United States. So the green
card do they redo that? Where green cards just disappear?
Who the hell knows? Who absolutely knows? All right, I
want to share with you a moment about handle on
the law dot Com. Handle on the law dot Com
(33:45):
is a referral service that I created several years ago
because I was getting phone calls and a whole lot
of them about referring lawyers with personal injury issues. And
if you look around you talk about the advertising lawyers do,
ninety percent of them are personal injury. There's so many
(34:06):
of them. And who do you know? Who's good? Who
do you trust? Some of them are very very good,
and some of them are not and you're up in
the air. So Handle on the Law dot Com. Attorneys
are vetted, they are well. It's a pretty good vetting system.
On top of that, if there's a problem with an
attorney who represents you, I handle on the law dot Com.
(34:27):
I make the phone call to that attorney that is oversight.
So if you've been injured, car accident, a slip and fall,
a box falls on you from a big box store,
it doesn't matter. If it's not your fault and you've
been injured, I'm going to suggest you go to handle
on the law dot com. Those are the attorneys that
I'm going to suggest handle. That's where I go to,
(34:50):
by the way, handle because I wouldn't handle my own case.
Never remember any there's a wonderful phrase, any lawyer who
represents himself has a fool for a client. Exactly correct.
Handleothlaw dot com. This is Handle on the Law.
Speaker 2 (35:07):
You've been listening to the Bill Handle Show.
Speaker 3 (35:09):
Catch my show Monday through Friday six am to nine am,
and anytime on demand on the iHeartRadio app.
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