December 13, 2025 • 39 mins
Handel on the Law. Marginal Legal Advice.
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Speaker 1 (00:01):
You're listening to Bill Handle on demand from KFI AM
six forty.
Speaker 2 (00:09):
Five AM six forty Bill Handle here Saturday morning.
Speaker 3 (00:14):
Now, one more hour to go on the program, and
then I am going to take.
Speaker 2 (00:19):
Phone calls off the air at the end of the show.
Speaker 3 (00:22):
That's an hour from now, so I'll tell you more
about that a little bit later on. And the phone number,
because it is the top of the hour, always always
the best time to call, as I've been telling you
for decades. Now eight hundred five two zero one five
three four eight hundred five two zero one five three four. Now, well,
(00:46):
welcome to Handle on the law marginal legal advice. We
start with that, and then I want to talk about
discrimination and a lawsuit. Now, there's a lot that I
find very wrong with what the Trump administration is doing.
If you've been listening to me, either on the show
here or certainly in my morning show Monday through Friday
on KFI, my home station in Los Angeles. But there's
(01:10):
some places where the administration is dead on, and that's
certainly the case in finding their anti semitism on school
campuses and going after those schools.
Speaker 2 (01:24):
And you've got major, major.
Speaker 3 (01:26):
Schools like Columbia that have ponied up tens of millions
of dollars in settlements because of well, the fear of
what's going to happen with the administration going after them.
Speaker 2 (01:40):
Now it's a double edged sword.
Speaker 3 (01:41):
There are two reasons why the administration is going after them,
and not just administration.
Speaker 2 (01:45):
I'm gonna tell you about what California's.
Speaker 3 (01:47):
Just done, and that is one, going after the schools
for wokeism, and that is taking diversity inclusion that process,
which I think is fine, but taking it to an extreme,
which I have to agree with that. And then the
other issue is the issue of anti Semitism on school
campuses and the allowing of anti Semitism, not that the
(02:11):
school themselves this policy or anti Semitic, but certainly allowing
anti semitism and anti Jewish sentiment and even physical acts
of anti Semitism, for example blocking Jewish students from entering
classrooms and protesting on campus the pro Palestinian cause and
(02:34):
stopping any pro Israeli CAU demonstration.
Speaker 2 (02:37):
So there's no issue. Now.
Speaker 3 (02:39):
I went to school here in southern California, and I
mean a long time ago. I got my bachelor's degree
in the seventies and even then on school campuses, it
was very anti Israeli, very pro Palestinian and adamantly so.
(03:00):
And as a Jewish student, I mean, I knew there
was no question. College professors, college campuses, college students are
basically going for the underdog, and that means in this
case was pro Palestinian and anti Israel, because Israel is
not the underdog in that part of the world.
Speaker 2 (03:20):
Certainly was.
Speaker 3 (03:22):
I mean, just go back a few years, just a
few years before the founding of the State of Israel,
which happened in nineteen forty eight, and can you imagine
nineteen forty four, millions of Jews were still being exterminated
and that's the only word I can use, destroyed in Europe,
(03:42):
I mean, Hitler wiped out a third of the population,
probably half the population of European Jews. And so it
was tough to see how Israel was denigrated. Well, let
me tell you what's going on with the state of California.
The State of California, in three separate rulings, the Department
(04:03):
of Education has ruled that the Oakland Unified School District
created a discriminary environment against Jewish students and staff.
Speaker 2 (04:12):
And that's what the district found the district.
Speaker 3 (04:16):
The Department of Education also criticized the district for taking
more than a year longer than the sixty days that
were allowed to respond to Jewish families complaints of anti
Semitism and violating state law by not turning over reports
of its investigations straight out anti Semitic activity. And here
(04:38):
is the issue, and this is what a lot of
the pro Palestinian demonstrators say, We're not going after Jewish students,
We're going after pro Israel.
Speaker 2 (04:49):
We're talking about Zionists.
Speaker 3 (04:51):
And that is a political belief, not a religious belief.
Well that's a load of crap, because as Jewish students
tried to enter universities and we're wearing stars of David,
no one asked them if they were a Zionists or not.
Speaker 2 (05:05):
No one said, you.
Speaker 1 (05:06):
Know what they did.
Speaker 3 (05:06):
You're a Jew and we're not gonna let you through
the front door, and we're gonna harass you.
Speaker 2 (05:10):
And no one says, and by the way, are you
a Zionist.
Speaker 3 (05:13):
So that's happening in school districts across the country, and
I think led by the Trump administration to stop it.
Then you have states jumping on board so maybe at
some point we are going to get a fair shake
at being Jewish in the schools.
Speaker 2 (05:35):
By the way, it's fine to be pro Palestinians.
Speaker 3 (05:38):
But then, yeah, you know this university, they're still left
wing and they are that it's accepted. I mean, when
I went to school, it was so left wing it
was I mean, it was just crazy. But you know,
that's going to university. But this is going this is
going too far. I think, Okay, let's go ahead and
take some phone calls.
Speaker 2 (05:58):
Ruben, Hello, Ruben, you're up. Welcome.
Speaker 4 (06:01):
Hey, Hey, how you doing? Bill?
Speaker 2 (06:03):
Yes, sir, look at your bill.
Speaker 5 (06:05):
A twenty twenty three December twenty sixth or twenty seventh.
Speaker 4 (06:10):
On our belt, I was I was.
Speaker 5 (06:12):
Rear inded from the back of driver's corner panel Abatriota
Tacoma small truck and I was rear inded on the
back corner panel.
Speaker 4 (06:19):
I did get.
Speaker 5 (06:20):
Compensated through Farmer's insurance, but they didn't pay me what
they estimated the vehicle damage was. They showed me about
nine hundred dollars on the sums. So I moved on,
but I did want to want a file and open
up a claim. I need to find out how to
open up a claim within two years to get compensated on.
Speaker 2 (06:38):
Yeah, I get, I get. I have some question. I
have some questions to ask you.
Speaker 3 (06:42):
All right, let's start with what insurance paid you off
your insurance or the other driver's insurance.
Speaker 4 (06:48):
The other driver's insurance.
Speaker 3 (06:50):
Okay, And what you did when you cash the check.
You signed a document saying all liability is hereby waved.
Speaker 2 (06:57):
We're done.
Speaker 4 (06:59):
For the for the vehicle damage.
Speaker 2 (07:01):
Yeah, yeah, for the vehicle damage.
Speaker 3 (07:03):
So now you want to go and uh file the
case for personal injury. It sounds like you just want
the rest of the bumper replaced.
Speaker 5 (07:12):
I sound you know what I want. I want my
loss of use due to go into my emergency. I
went to my primary doctor. He wouldn't she wouldn't touch me.
She sent me to the emergency room to get us.
Speaker 3 (07:22):
Okay, but that's not the But that's not the insurance
company's fault. That's not the insurance company's fault. That's what
your doctor did. And if there's a third party claim,
doctors quite often would say, you go to the doctor
over there. You don't go to me, but here, you
got paid money to repair the car, and where's the
nine hundred dollars short that you were talking about.
Speaker 2 (07:40):
Was that to the damage of the car.
Speaker 5 (07:43):
Yes, they told me to get several estimates.
Speaker 3 (07:45):
Of okay, and then they offer you and then you
accepted one of the offers that was nine hundred dollars short,
and you accepted.
Speaker 4 (07:54):
That, right, Yes, yes, okay, you're done with that.
Speaker 3 (07:57):
Okay, forget the nine hundred dollars. You're finished. That's now
we're talking about the personal injury. Did you have a
lawyer on this?
Speaker 4 (08:04):
No? I did not, sirch.
Speaker 2 (08:05):
Okay, this is the fun part. How badly were you injured?
Speaker 5 (08:11):
I'll be honest with you. This is how I felt,
and I explained it to my doctor. It felt like
a spring, because when I got hit, I turned very
rapidly to my life.
Speaker 3 (08:20):
All right, So you had okay, all right, you had
a spring. Okay, I'll buy that, okay. And they took
X rays or whatever, and they found nothing there because
it's subjective pain. You can't find that out in an
X ray, broken bones or easy subjective pains.
Speaker 2 (08:35):
Oh my neck, I hurt my lumbago. That's subjective.
Speaker 4 (08:39):
Okay.
Speaker 2 (08:40):
That's on you. And what did the doctor have you
do as a result? Of that sprain.
Speaker 5 (08:46):
The doctor had me go get a CT scan at
the emergency before.
Speaker 2 (08:49):
So, okay, got it all right? Was that? Okay? Was
that covered by insurance?
Speaker 4 (08:55):
By my insurance covered in? Okay?
Speaker 2 (08:57):
All right? So you're not out of any money. So
what do you want?
Speaker 5 (09:01):
No, I wanted to get loss of use, my time
going to and from the doctor's goal.
Speaker 3 (09:05):
Yeah, but that's but that's part of but that's part
of your damage when or you you know, can you
open it up?
Speaker 6 (09:10):
Uh?
Speaker 3 (09:11):
Yeah, except that you you even with a property damage. Uh,
I since you did it on your own. Uh, I
don't know what document you signed.
Speaker 4 (09:20):
Uh.
Speaker 3 (09:20):
And by the way, that's not a case that a
doctor would deal with. And know, I wish you had
talked to me beforehand instead of saying two years later, Uh, it's.
Speaker 2 (09:29):
I don't think you're going to get in the game. Yeah,
it's it's.
Speaker 3 (09:32):
Late and uh and on top of that, uh, it's
too subjective and you can talk about loss of use, uh,
but uh, it's it's a tough one that that's not
something you jump on.
Speaker 2 (09:43):
It really isn't. And that's you know, normally I say,
you know, when I.
Speaker 3 (09:46):
Talk about handling a lot dot com For example, lawyers
who do this, they're not gonna take a case like this.
You know it's not enough damage. I mean, you got
to be injured. Now, the liability is perfect. Rear ended
your home, you're home free. I mean they're not gonna
what they're gonna say, I didn't rear end you. But yeah,
that is just you just don't go you don't go
very far with that.
Speaker 2 (10:07):
This is handle on the law.
Speaker 3 (10:10):
Can't fine am six forty bill handled here. It is
a Saturday morning, last hour of the show, but I
will continue with phone calls after the show.
Speaker 2 (10:19):
Off the air and phone number here.
Speaker 3 (10:21):
We have some minds open eight hundred five to two
zero one five three four eight hundred five two zero
one five three four and welcome back. Handle on the Law,
marginal legal advice. Right Sasha, Hello, Sasha, you're up.
Speaker 2 (10:40):
Welcome.
Speaker 7 (10:41):
I was fired last month for conduct. I'm an engineering manager.
I had ten engineering engineers under me. One was insubordinate,
made a hostile work environment. I was told by the
gm FCFO of the company that I cannot retaliate against
(11:06):
this subordinate who was directly in subordination. Okay, and I
want to know what this case is worth it. It's
strictly wrongful termination. You got fired.
Speaker 3 (11:19):
Yeah, all right, now it's probably wrongful termination. Now there's
two aspects of wrongful termination, and I want to really
make it clear. One is wrong termination that you were
wrongly terminated, and the other one fits within the legal
definition of wrongful termination. Now does your managers do the
(11:42):
management have the right to say you do not talk
to that person. We don't care if that person is insubordinate,
and that decision is not yours when it's made by
your superiors. And you were fired, what exactly do they
say you were fired for?
Speaker 7 (12:01):
Uh company company policy? Uh conduct? Now this this subordinate
was insubordinate and it was a safety issue, and I said,
get the f out of here. He will not take
my direction.
Speaker 3 (12:19):
Okay, yeah, okay, So now let me ask you. Okay,
you don't own the company. Okay, all right, So you
have superiors above you who clearly took his side, got it?
And what did they say that you did wrong conduct?
What exact conduct are they saying? Were they did they
(12:40):
specify or just your in violation of company policy?
Speaker 7 (12:46):
It said, yes, come, uh violation company policy conduct?
Speaker 2 (12:53):
And that's it. Yes, I'm okay, No, I get it.
Speaker 4 (12:55):
I get it.
Speaker 3 (12:58):
Okay, I understand. I understand, And now you have the
problem of visit your job to uphold safety issues.
Speaker 2 (13:06):
I don't know.
Speaker 3 (13:07):
The answer is company policy that anybody, anybody can stop,
for example, an assembly line cold.
Speaker 2 (13:15):
I mean, that's what manufacturers do.
Speaker 3 (13:17):
Some car manufacturers say that anybody can just stop anybody
on the line can just stop it because of safety issues.
So it depends on the policy of the company. But
the problem is you don't know what the policy. They
never let you know what the policy of the country
company is. They just arbitrarily said, yeah, this is a
company policy, so good for you, except that you're in
(13:40):
the state of California, right correct.
Speaker 2 (13:44):
Okay, here's the problem.
Speaker 3 (13:45):
It's a it's at a at will work state, and
that means that they can basically fire you for any
reason they want to. They can literally walk in the
door and say, you know what, Snashia, I just don't
like the way you look today, I don't like the
way you're dressing today. You're fired. They can do that. Now,
are you a protected class? That's the other issue. They
(14:07):
can't fire you because you're of gender, because you're gay,
or because of religion. Can they fire you because of age? Well,
you're a protected class, although that's the weakest of all
of the elements of being fired being protected class. And
the problem you also you have California law is really strange.
(14:27):
The court went crazy against workers on that one. The
court said that, and we're talking about Supreme Court said
that an employer can fire someone even somewhat of a
protected class if they can and doing it for the reason.
For example, let's say you're being fired only because you
are old, and you can prove it that's why they're
(14:50):
firing you because you're old. But if there's any other
reason that they put in there, you're kind of screwed.
You can talk to an employ employment discrimination a turn.
Speaker 2 (15:00):
I don't know where you're going with that. How old
are you, by the way, Sasha sixty one?
Speaker 3 (15:06):
Uh yeah, I mean that's I know you're you're kind
of pissed off.
Speaker 2 (15:11):
Have you gotten another job?
Speaker 7 (15:14):
No, it's only been a month building okay, yeah, all right.
I have been researching this and I'm looking at the
discriminations on the EEO C and I have proven that
this GM.
Speaker 3 (15:33):
You haven't proven anything. You haven't proven anything. You what
you're what you're doing is alleging and so. And then
the other thing is you have to file with theeo C,
of course, and they have to in fact certify that
there was discrimination, which did you generally do It isn't
that hard to do. So you get to talk to
an employment discrimination attorney and see if you've got anything there.
(15:56):
You've got some stuff there, they've got some stuff, and
you know, does it matter that it was a safety issue.
I don't know the answer to that. That may either
enhance your position or it may be irrelevant.
Speaker 2 (16:10):
And I don't know the answer. I've never done one
of these cases clearly, But that's what you do.
Speaker 3 (16:14):
You know, you pick up the phone, or you do
a little research or obviously a pretty good researcher. So
you find employment discrimination attorney, which is a specialty in
and of itself, and you get on the phone and
you go, hey, this is what happened. And I talked
to Bill and they're going to go Bill who And
you go, well, he has a legal show. Oh, and
then they start laughing, So don't mention me. All right,
(16:37):
that's where you want to go. All right, before we
take a break, I want to tell you what's going
on with Zelman's Mint Team Mint.
Speaker 2 (16:45):
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Speaker 3 (16:46):
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You pop two or three in your mouth and you
stuck on the mint part like any mint, and then
(17:08):
you bite into or swallow the capsules and they get
to work in your stomach. Because you eat garlic and
onions for example, right, you smell like garlic and onions,
and so you take a mint, this garlic and onions
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(17:29):
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Speaker 2 (17:38):
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Everything they have is twenty five percent off, both flavors,
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Speaker 2 (18:20):
This is Handle on the Law.
Speaker 1 (18:22):
You're listening to Bill Handle on demand from KFI A
M six forty.
Speaker 3 (18:29):
KFI AM six forty Handle here last half hour of
the Saturday Show and I will continue with phone question
phone calls and questions off the air as soon as
I walk out and say goodbye in half an hour,
and the number will be the same as it is now.
Eight hundred five two zero one five three four eight
(18:51):
hundred five two zero one five three four. That is
the number to call for marginal legal advice. This is
Handle on the Law. And welcome back, all right, James,
you're up.
Speaker 2 (19:06):
Welcome. What can I do for you? Oh? James, yes, James, Yes,
it is well, actually you're James, but go ahead.
Speaker 8 (19:17):
Yeah, Bill, I retired in twenty fourteen when my late
wife was diagnosed with cancer. She died in twenty sixteen.
At the time I retired, I didn't I had a
four oh one k going and I quit contributing to
that four oh one K. But I left it where
it was and it's been getting interest ever since then.
Speaker 2 (19:41):
Okay, there, I'm here, I'm listening.
Speaker 8 (19:43):
And I got remarried in twenty twenty. So I because
I'm seventy three and I need to start taking this,
you know, move it to an irah. I called up
the union where the money is and said that my
current wife, I've been married to five years, has to
(20:05):
sign a waiver giving up the fifty percent survivorship of
this money.
Speaker 2 (20:12):
I think, okay, hold on a minute.
Speaker 3 (20:15):
The survivorship was in the name of your previous now
passed away wife, right, she was a survivor.
Speaker 8 (20:25):
Well at that particular time, she was just the beneficiary
of it.
Speaker 2 (20:30):
Okay, well that's based on a survivorship.
Speaker 3 (20:32):
Yeah, I mean the beneficiary if you die, she gets
it basically, right.
Speaker 4 (20:37):
Yeah, okay, fair enough.
Speaker 8 (20:39):
What they're doing now? Yeah?
Speaker 4 (20:41):
What what?
Speaker 8 (20:41):
What they're doing when they say survivorship, they're trying to
nudge me into getting an annuity. And so who is they?
Speaker 2 (20:49):
Who is who is they?
Speaker 8 (20:52):
This is a union trust fund.
Speaker 2 (20:54):
The union is pushing you into an annuity.
Speaker 8 (20:58):
That's what I'm getting the feeling. Because give me this
form that says for you to be able to locate
into IRA.
Speaker 2 (21:05):
All right, here's what you have to do.
Speaker 3 (21:07):
You have to take it to an accountant and really
look at it very carefully. You're gonna need an independent
accountant because there they deal with IRA's constantly and transfers
of ownership. That's what I would do at this point.
You need some outside help, You need some outside advice.
Now I don't know if I'm giving you the right
advice because this really isn't a legal matter. This is
(21:30):
more of an accounting matter. And I would call my
accountant if I had the same question.
Speaker 2 (21:37):
So that's where you go.
Speaker 3 (21:38):
That's certainly where I suggest, you know, And yeah, there's
no place else for me to answer, because frankly, no,
can I tell you? H right, Laura, how unusual a
question I can't answer? Hello, Laura, welcome, Hi, I'm.
Speaker 9 (21:55):
Thank you for taking my car. Sure, Okay, So hired
an attorney for divorce. She said we should do the
restraining order first because there was a lot of physical abuse.
It went on for a whole year. We finally had
a court last week and the judge denied my petition.
She said, I have a strong case, but my lawyer
failed to submit a declaration form. Now she asked me
(22:19):
to get transcripts because she wants to reconsider and send
me another bail. It's been up to thirty thousand dollars
so far for a restraining order. What am I right?
Speaker 2 (22:28):
If plenty of rides.
Speaker 3 (22:29):
No, you've got plenty of rights. You probably have legal
malpractice on your hands. First of all, to get a
restraining order. To take a year to get a restraining order.
You can get a restraining order in two days, at
least the temporary restraining order.
Speaker 2 (22:43):
The tro.
Speaker 9 (22:45):
Suggudge that you paid her all this money.
Speaker 2 (22:47):
Yeah, yeah, no, I yet it, but I get it.
Speaker 3 (22:48):
What I'm telling you is in reference to I'm just
describing where it should have taken you days. The judge
said that the declaration wasn't filled out. You have legal
man practice on your hands, Laura. You got a straight
out legal malpractice case. You pay thirty thousand dollars and
you're gonna go after the attorney. Now you've got a
couple of choices, unfortunately.
Speaker 2 (23:10):
Legal mail.
Speaker 3 (23:11):
Well, there's a retainer agreement that you signed with the
with the attorney. You look at the retainer agreement and
may very well say a couple of things. Number one,
that any dispute has to go to arbitration.
Speaker 2 (23:24):
Typically that's the case.
Speaker 3 (23:26):
Also, there's probably a prevailing attorney's clause in there, prevailing
attorney's fee clause, which says, there, I'm sorry.
Speaker 9 (23:37):
What does that mean?
Speaker 2 (23:38):
Okay, exactly I was gonna describe it.
Speaker 3 (23:40):
That means that if you go into dispute, the loser
pays the other side legal fees. All right, So let's say,
and you're gonna have to bring an attorney in here,
or maybe not, Maybe you can go into arbitration yourself
and argue. I mean, it's hard to argue that that
that the attorney you know, didn't fill out or what's
(24:00):
the attorney going to say, yeah, I filled out the declaration.
Speaker 2 (24:03):
Can you get the transcripts of what the court said?
Can you get those transcripts?
Speaker 3 (24:08):
All right?
Speaker 2 (24:08):
Bring you bring those in.
Speaker 3 (24:11):
You bring those in and you make the argument, and
you simply point to what the judge said. And I
don't know if I would get an attorney on this one,
because that's a pretty clear cut. I don't know what
defence your attorney has. I really don't, okay, but.
Speaker 2 (24:24):
I still would talk.
Speaker 3 (24:25):
I would still talk to a I would still talk
to a legal malpractice attorney because there's no harm, no foul,
and so the only worry is you probably would win
a legal malpractice case and you'd get your money back.
No attorney's going to do this on contingency. They're gonna
want money. And the problem is if there is a
(24:47):
judgment against the lawyer. Lawyers like this don't usually have
malpractice insurance.
Speaker 2 (24:54):
They're kind of flaky.
Speaker 3 (24:56):
I don't know who the attorney is, but I'm just
telling you my experience is what.
Speaker 9 (25:01):
In Century City. I mean, all right, well then.
Speaker 3 (25:03):
They probably Okay, then they probably do have you know, insurance,
and I have malpractice insurance. So anyway, I would talk
to a.
Speaker 2 (25:12):
Legal malpractice attorney.
Speaker 3 (25:13):
There's probably the one right next door to your attorney's office.
Probably the next door has a lawyer that does legal malpractice.
And then just ask the question, ask the same question
you asked me, and you you should be in pretty
good shape. Hello, Judy, welcome Judy. Yes, I'm good. What
(25:37):
can I do for you?
Speaker 10 (25:39):
Okay? So I have a question about small claims court.
I purchased a dog in June for twenty six What
kind of dog? He's a golden doodle? Okay. He was
healthy and happy and beautiful, and as the tip gone on,
(26:00):
he is the sickest dog I've ever seen. He has
he has allergies so bad that he don't worry about.
Speaker 7 (26:10):
Okay, let's rive.
Speaker 2 (26:11):
You have a sick You have sick. I'm not a vet.
You have a sick dog on your hands.
Speaker 10 (26:14):
Okay. So yes, and I've spent thousands of medical bills
and special prescription diets and everything else.
Speaker 2 (26:20):
Yes, go ahead.
Speaker 10 (26:24):
Oh and I paid twenty six hundred dollars for him.
I was just wondering if I had a cash Yeah.
Speaker 2 (26:28):
Probably. Do you have a guarantee on the dog?
Speaker 10 (26:32):
I do have a one year guarantee. But it was
nothing official.
Speaker 3 (26:36):
It really was just a oh no, no, it has
to be official. You just lost it right.
Speaker 2 (26:41):
There, Judy.
Speaker 3 (26:42):
In a document, for example, I have a doxy. My
wife is crazy about doxies and like one hundred percent
of the times always gone to sheltered dogs. This time
we broke down, yes and yeah, and then we got
ourselves a Doxy. She bought one and it is she
got it from a really sketchy person. And the little
(27:05):
one got parvo and died within days. And this woman
who sold it disappeared, I mean literally, so she went
to and there was no place to go, and it
was like nine hundred dollars. Nine hundred dollars for a
pure bred Doxy is ridiculous because that's they're a lot
more expensive than that.
Speaker 2 (27:23):
So we have little Izzy.
Speaker 3 (27:24):
I was right next to me, and a little Izzy
has a guarantee and it's right there on paper. We
went to one of the major breeders, and these guys
are as about a high end as you can get.
They have an airplane, they fly dogs all over the country.
It's just it's really at the high end. And there's
the guarantee. And this little one is as healthy as
(27:47):
you can be. She's one year old. Now here's the problem.
The guarantee did not say right on there that she
was going to be this barky little bitch that will
not listen to anything I have to say that is
not covered by the guarantee. The point I'm making is
unless it is written. Because here's the defense. We gave
(28:09):
you a perfectly healthy dog and we don't know what
you did with it, so you're kind of out of luck.
Speaker 2 (28:15):
And so and the dog. You love that dog, right.
Speaker 10 (28:19):
I love Yes, I love the dog.
Speaker 2 (28:20):
I know.
Speaker 3 (28:21):
I'll bet you're gonna I bet you're gonna feel real
bad when you put it down because it's just really
too expensive to.
Speaker 2 (28:25):
Hold on to.
Speaker 10 (28:26):
Right, No, I can't. I don't know what I know.
Speaker 2 (28:31):
I know your heart. You know I got it, you know,
I mean what would I do with.
Speaker 3 (28:37):
Yeah, I understand, And so you know, sometimes you just
have to do what you have to do. I mean,
you have no idea how often I want to put
my little one down, like every other day because you're
so obnoxious. Yeah for barking? Yes, all right, this is
handle on the law KFI A M six forty handle
(28:58):
here on a Saturday morning segment. But I will continue
taking phone calls as I lock out and say.
Speaker 2 (29:05):
Goodbye, and then the same number applies.
Speaker 3 (29:09):
You can call right now because we have lines open
and you don't even call later on, but I'll explain
as I say goodbye off the show, how we're going
to handle that.
Speaker 2 (29:19):
In the meantime.
Speaker 3 (29:19):
We have lines open right now eight hundred five two
zero one five three four eight hundred five two zero
one five three four number to call. And as I said,
lines are open right now, you'll get right into it
and welcome back. Handle on the law marginal legal advice. Olga, Hello, Olga, Yes.
Speaker 5 (29:42):
Hi Bill, Yes, ma'am.
Speaker 6 (29:45):
Hi. So, my family and I were staying at Airbnb
the night before we were supposed to check out. I
was taking a shower and all of a sudden, the
water turn extremely hot, and it turned extremely hot, so
to prevent me from getting burnt, I reached out to
(30:05):
get the shower curtain to protect myself and cover myself,
and in the process of doing that, I slipped. And
when I slipped, I don't know how it happened so
quick I slipped and I fell or I went over
the pub and I hit my head on the toilet
and from that slipped. The next morning, my husband took
(30:28):
me to the year and I have a concussion. That
was two weeks ago, and I've been to the ear
twice ever since then, I've been slow, I've been getting
lost walking my doggies. I'm still not doing well if
I had out.
Speaker 3 (30:44):
Okay, let me throw a couple questions at you. You've
been to the doctor as a result of the concussion.
What is the prognosis. Do you have permanent injury? It's
going to take you a long time to heal? What
kind of damages I have incurred right now?
Speaker 6 (30:59):
Yes to the year doctor and my own primary doctor.
I just have to wait it out. It's a concussion.
It could take anywhere between two to three months. Just
kind of wait it out. Okay, Well, I can't drive.
Speaker 3 (31:13):
My husband's driving, all right, I know there's okay, there's
probably enough damage in there to make this thing happen legally.
I mean, there's some defenses here, and i'd which wish
you had cracked your head open and half your brain's
spilling out in the bathroom floor. That would have been
a much better case. Or it took your head right
off and the only thing that was left is a
(31:34):
torso with arms and legs. Better case. But okay, let's
assume it's going to take two three months to resolve,
and it resolves completely. The case is worth x number
of dollars. If it doesn't resolve, you've got some serious damage,
especially as a result of a concussion. Okay, so that's
number one. There's your case. Okay, you are suing the
(31:57):
the owner of the airbnb because of a defective water
heater where the it just gets super hot. Now, the
other issue is did the owner know about it?
Speaker 8 (32:11):
Any idea that can I'll tell you something.
Speaker 6 (32:15):
This is a it's a rental agency monitored or all right,
So we did let them know their relicious one We
first came in and one of the issues was that
during the night, we will hear this noise that came
in that came from the bathroom, the shower area.
Speaker 3 (32:33):
So okay, that doesn't mean that doesn't mean that the
water is super hot. That just means the noise was
coming in from the bathroom area. Those are dots that
can't be connected. One does not connect to the other
unless you bring in a plumber, a plumbing expert who goes,
oh yeah, noise equals hot shower, which I don't think
you're going to get.
Speaker 2 (32:53):
All right, So you have pretty.
Speaker 3 (32:55):
Good damages, assuming that you know, the worse the prognosis,
the better. The the cases in terms of damages. Now
you've got liability. Okay, shower was super hot, grab the
shower curtain, wrapped it around me, and I slipped on it,
and therefore it caused me to slip and then you
(33:16):
hit your head, et cetera. And I'm going to ask
why didn't you just get out of shower? Why would
you wrap a shower curtain around you? Why didn't you
just get out? And you're gonna say that's what I did.
It happened so quickly, so you know, is it a
decent case?
Speaker 2 (33:31):
It might be.
Speaker 3 (33:32):
It might be, but they're they're connecting all those dots.
May not be the easiest thing, but it's worth talking
to a personal injury lawyer.
Speaker 2 (33:44):
Did this happen in California?
Speaker 6 (33:47):
Yes?
Speaker 2 (33:47):
Yes, Okay, you may want.
Speaker 3 (33:49):
To go to handle on the law dot Com and
mention that we talked and one of the lawyers you
can talk to, probably Mark, you'll talk to and explain
what was going on and see if there's anything there.
Speaker 2 (34:00):
Now, I'm not an expert in this.
Speaker 4 (34:02):
He is.
Speaker 3 (34:03):
I mean, this is what his firm does, as well
as the other lawyers involved, and they are. That's why
I created HANDLE on the law dot Com because issues
like this, is there a case? Is there not a case?
And they'll tell you right up front that there is.
Do I think the damages are good? Yes, there is
a liability issue. I think there's an issue there too,
(34:26):
So go to the website, go to handle on the
law dot Com.
Speaker 2 (34:29):
Okay, d hi, d you welcome. Hi, good morning, Yes, ma'am.
Speaker 11 (34:37):
So, I just recently in September did a home improvement.
Repainted the house. I installed new pavers in the front
yard and when they were done, there was no one
that did a walk through with me. That the representatives
kind of said, walk around and tell me if you
like it or not. To my eyes, they looked lovely.
(35:00):
When my landscaper came to readjust sprinklers because I widened
my walkway, he realized that they built over a pipe
and broke a live pipe. And as he was working
on the retaining wall, he had asked me if they
compacted the soil, and I said I don't know. So
(35:20):
we asked the installer and he told us he did
not compact the soil, and so we asked if they
had the equipment and he said no, the company doesn't
have that type of equipment. I called the company to
see if the installers were like third party contractors or
if they were actually installers from the company. They did
tell me that these are installers hired by the company,
(35:43):
they are not third party, and that the equipment was
available for him to use. I went to I live
in Riverside City, so I went to public Works and
to see if I can get an inspector to come
out to take a look to make sure that it's
done within ordinance. They said, un fortunately, because it didn't
need to be permitted, there wouldn't be an inspector that
(36:03):
could come out. However, everything that I read with the
manufacturer instructions and the ordinance says that the Riverside City soil,
the native soil, is recommended to be compacted due to
seismic activity in the area.
Speaker 2 (36:21):
All right, you don't need to permit.
Speaker 3 (36:22):
I mean that, okay, But they don't need a permit,
so they're not going to come out, and what you're
going to be saying is that it should have been compacted.
Speaker 2 (36:29):
They're going to say you didn't need to compact it.
Speaker 3 (36:32):
They may recommend it, but don't you don't necessarily have
to compact it and we're not doing anything that is wrong.
I mean, it could have been done better, stronger, but
we're within our standard of care. And so should they
have compacted? Yeah, probably you're a walk around. Isn't going
to help you there, you are walking around on the pavers.
(36:54):
How the hell are you going to know it's compacted
or not. So that's not going to help you want
to get in another company to fix it. And one
of the things you could argue they should have compacted,
which means they after redo the whole thing, or if
it doesn't need to be compacted, because it sounds like
they just broke the pipe, and whether they compacted or not,
(37:15):
they would have broken the pipe. So it's one of
those where you got to find out first what's going
to cost. And it's not going to be cheap. You
have all the information and unfortunately it's going to cost
you more than ten thousand dollars probably to fix it,
which means or twelve thousand dollars. And it's small claims,
and you make that argument, it's not easy to make.
(37:36):
I mean, there's a lot of stuff going on. Permits
not permits, standard standard of care if that's a medical term.
But normal standards that have to be met, and so
I mean there's a lot to it. That wasn't a
simple question. Okay, before we leave, I want to tell
you what's going on with Zelman's. There's a flash sale
going on until midnight tomorrow night. And this is is
(38:00):
all about Zelman's mintimouth.
Speaker 2 (38:03):
Far more than a minth mint.
Speaker 3 (38:05):
This is getting rid of your bad breath, both in
your mouth with a minti part and then swallowing your
writing into the capsules takes care of it in your stomach.
So right now till tomorrow night, twenty five percent off
everything they have. It's a flash sale, twenty five percent
off both flavors spearmint and peppermint, perfect stocking stuffer, also
their tongue scrapers.
Speaker 2 (38:25):
You can add that to your card. Twenty five percent off.
Speaker 3 (38:29):
Only available online at Zelmans dot com z e l
m I N S Zelmans dot com. You have to
use the code flash twenty five percent off till tomorrow
night midnight Zelmans Z L M I N S Zelmans
dot com and the code is flash. And before you
we leave, I'm still taking phone calls. By the way,
(38:50):
don't go away. For those of you that are on hold.
Stay put. I'll get right to you and I'll be
going on with off the air for the next thirty
four forty five minutes, and that's eight hundred five two
zero one five three four. You can call right now
and you'll be up. And I go through these very
quickly because there are no breaks. As you can imagine,
this is Handle on the Law.
Speaker 2 (39:12):
You've been listening to the Bill Handle Show.
Speaker 3 (39:14):
Catch My Show Monday through Friday six am to nine am,
and anytime on demand on the iHeartRadio app.
You're listening to Bill Handle on demand from KFI AM
six forty.
Speaker 2 (00:09):
Five AM six forty Bill Handle here Saturday morning.
Speaker 3 (00:14):
Now, one more hour to go on the program, and
then I am going to take.
Speaker 2 (00:19):
Phone calls off the air at the end of the show.
Speaker 3 (00:22):
That's an hour from now, so I'll tell you more
about that a little bit later on. And the phone number,
because it is the top of the hour, always always
the best time to call, as I've been telling you
for decades. Now eight hundred five two zero one five
three four eight hundred five two zero one five three four. Now, well,
(00:46):
welcome to Handle on the law marginal legal advice. We
start with that, and then I want to talk about
discrimination and a lawsuit. Now, there's a lot that I
find very wrong with what the Trump administration is doing.
If you've been listening to me, either on the show
here or certainly in my morning show Monday through Friday
on KFI, my home station in Los Angeles. But there's
(01:10):
some places where the administration is dead on, and that's
certainly the case in finding their anti semitism on school
campuses and going after those schools.
Speaker 2 (01:24):
And you've got major, major.
Speaker 3 (01:26):
Schools like Columbia that have ponied up tens of millions
of dollars in settlements because of well, the fear of
what's going to happen with the administration going after them.
Speaker 2 (01:40):
Now it's a double edged sword.
Speaker 3 (01:41):
There are two reasons why the administration is going after them,
and not just administration.
Speaker 2 (01:45):
I'm gonna tell you about what California's.
Speaker 3 (01:47):
Just done, and that is one, going after the schools
for wokeism, and that is taking diversity inclusion that process,
which I think is fine, but taking it to an extreme,
which I have to agree with that. And then the
other issue is the issue of anti Semitism on school
campuses and the allowing of anti Semitism, not that the
(02:11):
school themselves this policy or anti Semitic, but certainly allowing
anti semitism and anti Jewish sentiment and even physical acts
of anti Semitism, for example blocking Jewish students from entering
classrooms and protesting on campus the pro Palestinian cause and
(02:34):
stopping any pro Israeli CAU demonstration.
Speaker 2 (02:37):
So there's no issue. Now.
Speaker 3 (02:39):
I went to school here in southern California, and I
mean a long time ago. I got my bachelor's degree
in the seventies and even then on school campuses, it
was very anti Israeli, very pro Palestinian and adamantly so.
(03:00):
And as a Jewish student, I mean, I knew there
was no question. College professors, college campuses, college students are
basically going for the underdog, and that means in this
case was pro Palestinian and anti Israel, because Israel is
not the underdog in that part of the world.
Speaker 2 (03:20):
Certainly was.
Speaker 3 (03:22):
I mean, just go back a few years, just a
few years before the founding of the State of Israel,
which happened in nineteen forty eight, and can you imagine
nineteen forty four, millions of Jews were still being exterminated
and that's the only word I can use, destroyed in Europe,
(03:42):
I mean, Hitler wiped out a third of the population,
probably half the population of European Jews. And so it
was tough to see how Israel was denigrated. Well, let
me tell you what's going on with the state of California.
The State of California, in three separate rulings, the Department
(04:03):
of Education has ruled that the Oakland Unified School District
created a discriminary environment against Jewish students and staff.
Speaker 2 (04:12):
And that's what the district found the district.
Speaker 3 (04:16):
The Department of Education also criticized the district for taking
more than a year longer than the sixty days that
were allowed to respond to Jewish families complaints of anti
Semitism and violating state law by not turning over reports
of its investigations straight out anti Semitic activity. And here
(04:38):
is the issue, and this is what a lot of
the pro Palestinian demonstrators say, We're not going after Jewish students,
We're going after pro Israel.
Speaker 2 (04:49):
We're talking about Zionists.
Speaker 3 (04:51):
And that is a political belief, not a religious belief.
Well that's a load of crap, because as Jewish students
tried to enter universities and we're wearing stars of David,
no one asked them if they were a Zionists or not.
Speaker 2 (05:05):
No one said, you.
Speaker 1 (05:06):
Know what they did.
Speaker 3 (05:06):
You're a Jew and we're not gonna let you through
the front door, and we're gonna harass you.
Speaker 2 (05:10):
And no one says, and by the way, are you
a Zionist.
Speaker 3 (05:13):
So that's happening in school districts across the country, and
I think led by the Trump administration to stop it.
Then you have states jumping on board so maybe at
some point we are going to get a fair shake
at being Jewish in the schools.
Speaker 2 (05:35):
By the way, it's fine to be pro Palestinians.
Speaker 3 (05:38):
But then, yeah, you know this university, they're still left
wing and they are that it's accepted. I mean, when
I went to school, it was so left wing it
was I mean, it was just crazy. But you know,
that's going to university. But this is going this is
going too far. I think, Okay, let's go ahead and
take some phone calls.
Speaker 2 (05:58):
Ruben, Hello, Ruben, you're up. Welcome.
Speaker 4 (06:01):
Hey, Hey, how you doing? Bill?
Speaker 2 (06:03):
Yes, sir, look at your bill.
Speaker 5 (06:05):
A twenty twenty three December twenty sixth or twenty seventh.
Speaker 4 (06:10):
On our belt, I was I was.
Speaker 5 (06:12):
Rear inded from the back of driver's corner panel Abatriota
Tacoma small truck and I was rear inded on the
back corner panel.
Speaker 4 (06:19):
I did get.
Speaker 5 (06:20):
Compensated through Farmer's insurance, but they didn't pay me what
they estimated the vehicle damage was. They showed me about
nine hundred dollars on the sums. So I moved on,
but I did want to want a file and open
up a claim. I need to find out how to
open up a claim within two years to get compensated on.
Speaker 2 (06:38):
Yeah, I get, I get. I have some question. I
have some questions to ask you.
Speaker 3 (06:42):
All right, let's start with what insurance paid you off
your insurance or the other driver's insurance.
Speaker 4 (06:48):
The other driver's insurance.
Speaker 3 (06:50):
Okay, And what you did when you cash the check.
You signed a document saying all liability is hereby waved.
Speaker 2 (06:57):
We're done.
Speaker 4 (06:59):
For the for the vehicle damage.
Speaker 2 (07:01):
Yeah, yeah, for the vehicle damage.
Speaker 3 (07:03):
So now you want to go and uh file the
case for personal injury. It sounds like you just want
the rest of the bumper replaced.
Speaker 5 (07:12):
I sound you know what I want. I want my
loss of use due to go into my emergency. I
went to my primary doctor. He wouldn't she wouldn't touch me.
She sent me to the emergency room to get us.
Speaker 3 (07:22):
Okay, but that's not the But that's not the insurance
company's fault. That's not the insurance company's fault. That's what
your doctor did. And if there's a third party claim,
doctors quite often would say, you go to the doctor
over there. You don't go to me, but here, you
got paid money to repair the car, and where's the
nine hundred dollars short that you were talking about.
Speaker 2 (07:40):
Was that to the damage of the car.
Speaker 5 (07:43):
Yes, they told me to get several estimates.
Speaker 3 (07:45):
Of okay, and then they offer you and then you
accepted one of the offers that was nine hundred dollars short,
and you accepted.
Speaker 4 (07:54):
That, right, Yes, yes, okay, you're done with that.
Speaker 3 (07:57):
Okay, forget the nine hundred dollars. You're finished. That's now
we're talking about the personal injury. Did you have a
lawyer on this?
Speaker 4 (08:04):
No? I did not, sirch.
Speaker 2 (08:05):
Okay, this is the fun part. How badly were you injured?
Speaker 5 (08:11):
I'll be honest with you. This is how I felt,
and I explained it to my doctor. It felt like
a spring, because when I got hit, I turned very
rapidly to my life.
Speaker 3 (08:20):
All right, So you had okay, all right, you had
a spring. Okay, I'll buy that, okay. And they took
X rays or whatever, and they found nothing there because
it's subjective pain. You can't find that out in an
X ray, broken bones or easy subjective pains.
Speaker 2 (08:35):
Oh my neck, I hurt my lumbago. That's subjective.
Speaker 4 (08:39):
Okay.
Speaker 2 (08:40):
That's on you. And what did the doctor have you
do as a result? Of that sprain.
Speaker 5 (08:46):
The doctor had me go get a CT scan at
the emergency before.
Speaker 2 (08:49):
So, okay, got it all right? Was that? Okay? Was
that covered by insurance?
Speaker 4 (08:55):
By my insurance covered in? Okay?
Speaker 2 (08:57):
All right? So you're not out of any money. So
what do you want?
Speaker 5 (09:01):
No, I wanted to get loss of use, my time
going to and from the doctor's goal.
Speaker 3 (09:05):
Yeah, but that's but that's part of but that's part
of your damage when or you you know, can you
open it up?
Speaker 6 (09:10):
Uh?
Speaker 3 (09:11):
Yeah, except that you you even with a property damage. Uh,
I since you did it on your own. Uh, I
don't know what document you signed.
Speaker 4 (09:20):
Uh.
Speaker 3 (09:20):
And by the way, that's not a case that a
doctor would deal with. And know, I wish you had
talked to me beforehand instead of saying two years later, Uh, it's.
Speaker 2 (09:29):
I don't think you're going to get in the game. Yeah,
it's it's.
Speaker 3 (09:32):
Late and uh and on top of that, uh, it's
too subjective and you can talk about loss of use, uh,
but uh, it's it's a tough one that that's not
something you jump on.
Speaker 2 (09:43):
It really isn't. And that's you know, normally I say,
you know, when I.
Speaker 3 (09:46):
Talk about handling a lot dot com For example, lawyers
who do this, they're not gonna take a case like this.
You know it's not enough damage. I mean, you got
to be injured. Now, the liability is perfect. Rear ended
your home, you're home free. I mean they're not gonna
what they're gonna say, I didn't rear end you. But yeah,
that is just you just don't go you don't go
very far with that.
Speaker 2 (10:07):
This is handle on the law.
Speaker 3 (10:10):
Can't fine am six forty bill handled here. It is
a Saturday morning, last hour of the show, but I
will continue with phone calls after the show.
Speaker 2 (10:19):
Off the air and phone number here.
Speaker 3 (10:21):
We have some minds open eight hundred five to two
zero one five three four eight hundred five two zero
one five three four and welcome back. Handle on the Law,
marginal legal advice. Right Sasha, Hello, Sasha, you're up.
Speaker 2 (10:40):
Welcome.
Speaker 7 (10:41):
I was fired last month for conduct. I'm an engineering manager.
I had ten engineering engineers under me. One was insubordinate,
made a hostile work environment. I was told by the
gm FCFO of the company that I cannot retaliate against
(11:06):
this subordinate who was directly in subordination. Okay, and I
want to know what this case is worth it. It's
strictly wrongful termination. You got fired.
Speaker 3 (11:19):
Yeah, all right, now it's probably wrongful termination. Now there's
two aspects of wrongful termination, and I want to really
make it clear. One is wrong termination that you were
wrongly terminated, and the other one fits within the legal
definition of wrongful termination. Now does your managers do the
(11:42):
management have the right to say you do not talk
to that person. We don't care if that person is insubordinate,
and that decision is not yours when it's made by
your superiors. And you were fired, what exactly do they
say you were fired for?
Speaker 7 (12:01):
Uh company company policy? Uh conduct? Now this this subordinate
was insubordinate and it was a safety issue, and I said,
get the f out of here. He will not take
my direction.
Speaker 3 (12:19):
Okay, yeah, okay, So now let me ask you. Okay,
you don't own the company. Okay, all right, So you
have superiors above you who clearly took his side, got it?
And what did they say that you did wrong conduct?
What exact conduct are they saying? Were they did they
(12:40):
specify or just your in violation of company policy?
Speaker 7 (12:46):
It said, yes, come, uh violation company policy conduct?
Speaker 2 (12:53):
And that's it. Yes, I'm okay, No, I get it.
Speaker 4 (12:55):
I get it.
Speaker 3 (12:58):
Okay, I understand. I understand, And now you have the
problem of visit your job to uphold safety issues.
Speaker 2 (13:06):
I don't know.
Speaker 3 (13:07):
The answer is company policy that anybody, anybody can stop,
for example, an assembly line cold.
Speaker 2 (13:15):
I mean, that's what manufacturers do.
Speaker 3 (13:17):
Some car manufacturers say that anybody can just stop anybody
on the line can just stop it because of safety issues.
So it depends on the policy of the company. But
the problem is you don't know what the policy. They
never let you know what the policy of the country
company is. They just arbitrarily said, yeah, this is a
company policy, so good for you, except that you're in
(13:40):
the state of California, right correct.
Speaker 2 (13:44):
Okay, here's the problem.
Speaker 3 (13:45):
It's a it's at a at will work state, and
that means that they can basically fire you for any
reason they want to. They can literally walk in the
door and say, you know what, Snashia, I just don't
like the way you look today, I don't like the
way you're dressing today. You're fired. They can do that. Now,
are you a protected class? That's the other issue. They
(14:07):
can't fire you because you're of gender, because you're gay,
or because of religion. Can they fire you because of age? Well,
you're a protected class, although that's the weakest of all
of the elements of being fired being protected class. And
the problem you also you have California law is really strange.
(14:27):
The court went crazy against workers on that one. The
court said that, and we're talking about Supreme Court said
that an employer can fire someone even somewhat of a
protected class if they can and doing it for the reason.
For example, let's say you're being fired only because you
are old, and you can prove it that's why they're
(14:50):
firing you because you're old. But if there's any other
reason that they put in there, you're kind of screwed.
You can talk to an employ employment discrimination a turn.
Speaker 2 (15:00):
I don't know where you're going with that. How old
are you, by the way, Sasha sixty one?
Speaker 3 (15:06):
Uh yeah, I mean that's I know you're you're kind
of pissed off.
Speaker 2 (15:11):
Have you gotten another job?
Speaker 7 (15:14):
No, it's only been a month building okay, yeah, all right.
I have been researching this and I'm looking at the
discriminations on the EEO C and I have proven that
this GM.
Speaker 3 (15:33):
You haven't proven anything. You haven't proven anything. You what
you're what you're doing is alleging and so. And then
the other thing is you have to file with theeo C,
of course, and they have to in fact certify that
there was discrimination, which did you generally do It isn't
that hard to do. So you get to talk to
an employment discrimination attorney and see if you've got anything there.
(15:56):
You've got some stuff there, they've got some stuff, and
you know, does it matter that it was a safety issue.
I don't know the answer to that. That may either
enhance your position or it may be irrelevant.
Speaker 2 (16:10):
And I don't know the answer. I've never done one
of these cases clearly, But that's what you do.
Speaker 3 (16:14):
You know, you pick up the phone, or you do
a little research or obviously a pretty good researcher. So
you find employment discrimination attorney, which is a specialty in
and of itself, and you get on the phone and
you go, hey, this is what happened. And I talked
to Bill and they're going to go Bill who And
you go, well, he has a legal show. Oh, and
then they start laughing, So don't mention me. All right,
(16:37):
that's where you want to go. All right, before we
take a break, I want to tell you what's going
on with Zelman's Mint Team Mint.
Speaker 2 (16:45):
Now, I've been telling you about Zelman's.
Speaker 3 (16:46):
For over a year now, and I've known these people
for over thirty years, so I have no problem endorsing
this product, which I use constantly. Zelman's is a breath
mint that's far more than a mint. Little capsule of
Parsiley seed oil covered with a nice strong MINTI covering.
You pop two or three in your mouth and you
stuck on the mint part like any mint, and then
(17:08):
you bite into or swallow the capsules and they get
to work in your stomach. Because you eat garlic and
onions for example, right, you smell like garlic and onions,
and so you take a mint, this garlic and onions
is still in your stomach, and that does cause bad
breadth where it stays there. Zelmans takes care of that
both sides. And here's what's going on with Zelmans right now.
(17:29):
It's twenty five percent off. The state wide twenty five
percent off is a sight wide sale.
Speaker 2 (17:38):
When you use the code flash.
Speaker 3 (17:39):
Everything they have is twenty five percent off, both flavors,
Spearman and Peppermint.
Speaker 2 (17:45):
Also, they have great tongue scrapers.
Speaker 3 (17:48):
While you're in the cart you click onunder the tongue
scrapers which are fabulous also twenty five percent off, all
of that being a great stocking stuffer. And that's only
good till tomorrow night, midnight, twenty five per sent off.
Speaker 2 (18:00):
I haven't seen this before.
Speaker 3 (18:01):
And that's the flash sale until midnight tomorrow and it's
only available at Zelmans dot com, Z E, L M
I n AS Zelmans dot com.
Speaker 2 (18:11):
Use the code.
Speaker 3 (18:12):
Flash at checkout for the flash sale Zelmans dot com
and the code is flash.
Speaker 2 (18:20):
This is Handle on the Law.
Speaker 1 (18:22):
You're listening to Bill Handle on demand from KFI A
M six forty.
Speaker 3 (18:29):
KFI AM six forty Handle here last half hour of
the Saturday Show and I will continue with phone question
phone calls and questions off the air as soon as
I walk out and say goodbye in half an hour,
and the number will be the same as it is now.
Eight hundred five two zero one five three four eight
(18:51):
hundred five two zero one five three four. That is
the number to call for marginal legal advice. This is
Handle on the Law. And welcome back, all right, James,
you're up.
Speaker 2 (19:06):
Welcome. What can I do for you? Oh? James, yes, James, Yes,
it is well, actually you're James, but go ahead.
Speaker 8 (19:17):
Yeah, Bill, I retired in twenty fourteen when my late
wife was diagnosed with cancer. She died in twenty sixteen.
At the time I retired, I didn't I had a
four oh one k going and I quit contributing to
that four oh one K. But I left it where
it was and it's been getting interest ever since then.
Speaker 2 (19:41):
Okay, there, I'm here, I'm listening.
Speaker 8 (19:43):
And I got remarried in twenty twenty. So I because
I'm seventy three and I need to start taking this,
you know, move it to an irah. I called up
the union where the money is and said that my
current wife, I've been married to five years, has to
(20:05):
sign a waiver giving up the fifty percent survivorship of
this money.
Speaker 2 (20:12):
I think, okay, hold on a minute.
Speaker 3 (20:15):
The survivorship was in the name of your previous now
passed away wife, right, she was a survivor.
Speaker 8 (20:25):
Well at that particular time, she was just the beneficiary
of it.
Speaker 2 (20:30):
Okay, well that's based on a survivorship.
Speaker 3 (20:32):
Yeah, I mean the beneficiary if you die, she gets
it basically, right.
Speaker 4 (20:37):
Yeah, okay, fair enough.
Speaker 8 (20:39):
What they're doing now? Yeah?
Speaker 4 (20:41):
What what?
Speaker 8 (20:41):
What they're doing when they say survivorship, they're trying to
nudge me into getting an annuity. And so who is they?
Speaker 2 (20:49):
Who is who is they?
Speaker 8 (20:52):
This is a union trust fund.
Speaker 2 (20:54):
The union is pushing you into an annuity.
Speaker 8 (20:58):
That's what I'm getting the feeling. Because give me this
form that says for you to be able to locate
into IRA.
Speaker 2 (21:05):
All right, here's what you have to do.
Speaker 3 (21:07):
You have to take it to an accountant and really
look at it very carefully. You're gonna need an independent
accountant because there they deal with IRA's constantly and transfers
of ownership. That's what I would do at this point.
You need some outside help, You need some outside advice.
Now I don't know if I'm giving you the right
advice because this really isn't a legal matter. This is
(21:30):
more of an accounting matter. And I would call my
accountant if I had the same question.
Speaker 2 (21:37):
So that's where you go.
Speaker 3 (21:38):
That's certainly where I suggest, you know, And yeah, there's
no place else for me to answer, because frankly, no,
can I tell you? H right, Laura, how unusual a
question I can't answer? Hello, Laura, welcome, Hi, I'm.
Speaker 9 (21:55):
Thank you for taking my car. Sure, Okay, So hired
an attorney for divorce. She said we should do the
restraining order first because there was a lot of physical abuse.
It went on for a whole year. We finally had
a court last week and the judge denied my petition.
She said, I have a strong case, but my lawyer
failed to submit a declaration form. Now she asked me
(22:19):
to get transcripts because she wants to reconsider and send
me another bail. It's been up to thirty thousand dollars
so far for a restraining order. What am I right?
Speaker 2 (22:28):
If plenty of rides.
Speaker 3 (22:29):
No, you've got plenty of rights. You probably have legal
malpractice on your hands. First of all, to get a
restraining order. To take a year to get a restraining order.
You can get a restraining order in two days, at
least the temporary restraining order.
Speaker 2 (22:43):
The tro.
Speaker 9 (22:45):
Suggudge that you paid her all this money.
Speaker 2 (22:47):
Yeah, yeah, no, I yet it, but I get it.
Speaker 3 (22:48):
What I'm telling you is in reference to I'm just
describing where it should have taken you days. The judge
said that the declaration wasn't filled out. You have legal
man practice on your hands, Laura. You got a straight
out legal malpractice case. You pay thirty thousand dollars and
you're gonna go after the attorney. Now you've got a
couple of choices, unfortunately.
Speaker 2 (23:10):
Legal mail.
Speaker 3 (23:11):
Well, there's a retainer agreement that you signed with the
with the attorney. You look at the retainer agreement and
may very well say a couple of things. Number one,
that any dispute has to go to arbitration.
Speaker 2 (23:24):
Typically that's the case.
Speaker 3 (23:26):
Also, there's probably a prevailing attorney's clause in there, prevailing
attorney's fee clause, which says, there, I'm sorry.
Speaker 9 (23:37):
What does that mean?
Speaker 2 (23:38):
Okay, exactly I was gonna describe it.
Speaker 3 (23:40):
That means that if you go into dispute, the loser
pays the other side legal fees. All right, So let's say,
and you're gonna have to bring an attorney in here,
or maybe not, Maybe you can go into arbitration yourself
and argue. I mean, it's hard to argue that that
that the attorney you know, didn't fill out or what's
(24:00):
the attorney going to say, yeah, I filled out the declaration.
Speaker 2 (24:03):
Can you get the transcripts of what the court said?
Can you get those transcripts?
Speaker 3 (24:08):
All right?
Speaker 2 (24:08):
Bring you bring those in.
Speaker 3 (24:11):
You bring those in and you make the argument, and
you simply point to what the judge said. And I
don't know if I would get an attorney on this one,
because that's a pretty clear cut. I don't know what
defence your attorney has. I really don't, okay, but.
Speaker 2 (24:24):
I still would talk.
Speaker 3 (24:25):
I would still talk to a I would still talk
to a legal malpractice attorney because there's no harm, no foul,
and so the only worry is you probably would win
a legal malpractice case and you'd get your money back.
No attorney's going to do this on contingency. They're gonna
want money. And the problem is if there is a
(24:47):
judgment against the lawyer. Lawyers like this don't usually have
malpractice insurance.
Speaker 2 (24:54):
They're kind of flaky.
Speaker 3 (24:56):
I don't know who the attorney is, but I'm just
telling you my experience is what.
Speaker 9 (25:01):
In Century City. I mean, all right, well then.
Speaker 3 (25:03):
They probably Okay, then they probably do have you know, insurance,
and I have malpractice insurance. So anyway, I would talk
to a.
Speaker 2 (25:12):
Legal malpractice attorney.
Speaker 3 (25:13):
There's probably the one right next door to your attorney's office.
Probably the next door has a lawyer that does legal malpractice.
And then just ask the question, ask the same question
you asked me, and you you should be in pretty
good shape. Hello, Judy, welcome Judy. Yes, I'm good. What
(25:37):
can I do for you?
Speaker 10 (25:39):
Okay? So I have a question about small claims court.
I purchased a dog in June for twenty six What
kind of dog? He's a golden doodle? Okay. He was
healthy and happy and beautiful, and as the tip gone on,
(26:00):
he is the sickest dog I've ever seen. He has
he has allergies so bad that he don't worry about.
Speaker 7 (26:10):
Okay, let's rive.
Speaker 2 (26:11):
You have a sick You have sick. I'm not a vet.
You have a sick dog on your hands.
Speaker 10 (26:14):
Okay. So yes, and I've spent thousands of medical bills
and special prescription diets and everything else.
Speaker 2 (26:20):
Yes, go ahead.
Speaker 10 (26:24):
Oh and I paid twenty six hundred dollars for him.
I was just wondering if I had a cash Yeah.
Speaker 2 (26:28):
Probably. Do you have a guarantee on the dog?
Speaker 10 (26:32):
I do have a one year guarantee. But it was
nothing official.
Speaker 3 (26:36):
It really was just a oh no, no, it has
to be official. You just lost it right.
Speaker 2 (26:41):
There, Judy.
Speaker 3 (26:42):
In a document, for example, I have a doxy. My
wife is crazy about doxies and like one hundred percent
of the times always gone to sheltered dogs. This time
we broke down, yes and yeah, and then we got
ourselves a Doxy. She bought one and it is she
got it from a really sketchy person. And the little
(27:05):
one got parvo and died within days. And this woman
who sold it disappeared, I mean literally, so she went
to and there was no place to go, and it
was like nine hundred dollars. Nine hundred dollars for a
pure bred Doxy is ridiculous because that's they're a lot
more expensive than that.
Speaker 2 (27:23):
So we have little Izzy.
Speaker 3 (27:24):
I was right next to me, and a little Izzy
has a guarantee and it's right there on paper. We
went to one of the major breeders, and these guys
are as about a high end as you can get.
They have an airplane, they fly dogs all over the country.
It's just it's really at the high end. And there's
the guarantee. And this little one is as healthy as
(27:47):
you can be. She's one year old. Now here's the problem.
The guarantee did not say right on there that she
was going to be this barky little bitch that will
not listen to anything I have to say that is
not covered by the guarantee. The point I'm making is
unless it is written. Because here's the defense. We gave
(28:09):
you a perfectly healthy dog and we don't know what
you did with it, so you're kind of out of luck.
Speaker 2 (28:15):
And so and the dog. You love that dog, right.
Speaker 10 (28:19):
I love Yes, I love the dog.
Speaker 2 (28:20):
I know.
Speaker 3 (28:21):
I'll bet you're gonna I bet you're gonna feel real
bad when you put it down because it's just really
too expensive to.
Speaker 2 (28:25):
Hold on to.
Speaker 10 (28:26):
Right, No, I can't. I don't know what I know.
Speaker 2 (28:31):
I know your heart. You know I got it, you know,
I mean what would I do with.
Speaker 3 (28:37):
Yeah, I understand, And so you know, sometimes you just
have to do what you have to do. I mean,
you have no idea how often I want to put
my little one down, like every other day because you're
so obnoxious. Yeah for barking? Yes, all right, this is
handle on the law KFI A M six forty handle
(28:58):
here on a Saturday morning segment. But I will continue
taking phone calls as I lock out and say.
Speaker 2 (29:05):
Goodbye, and then the same number applies.
Speaker 3 (29:09):
You can call right now because we have lines open
and you don't even call later on, but I'll explain
as I say goodbye off the show, how we're going
to handle that.
Speaker 2 (29:19):
In the meantime.
Speaker 3 (29:19):
We have lines open right now eight hundred five two
zero one five three four eight hundred five two zero
one five three four number to call. And as I said,
lines are open right now, you'll get right into it
and welcome back. Handle on the law marginal legal advice. Olga, Hello, Olga, Yes.
Speaker 5 (29:42):
Hi Bill, Yes, ma'am.
Speaker 6 (29:45):
Hi. So, my family and I were staying at Airbnb
the night before we were supposed to check out. I
was taking a shower and all of a sudden, the
water turn extremely hot, and it turned extremely hot, so
to prevent me from getting burnt, I reached out to
(30:05):
get the shower curtain to protect myself and cover myself,
and in the process of doing that, I slipped. And
when I slipped, I don't know how it happened so
quick I slipped and I fell or I went over
the pub and I hit my head on the toilet
and from that slipped. The next morning, my husband took
(30:28):
me to the year and I have a concussion. That
was two weeks ago, and I've been to the ear
twice ever since then, I've been slow, I've been getting
lost walking my doggies. I'm still not doing well if
I had out.
Speaker 3 (30:44):
Okay, let me throw a couple questions at you. You've
been to the doctor as a result of the concussion.
What is the prognosis. Do you have permanent injury? It's
going to take you a long time to heal? What
kind of damages I have incurred right now?
Speaker 6 (30:59):
Yes to the year doctor and my own primary doctor.
I just have to wait it out. It's a concussion.
It could take anywhere between two to three months. Just
kind of wait it out. Okay, Well, I can't drive.
Speaker 3 (31:13):
My husband's driving, all right, I know there's okay, there's
probably enough damage in there to make this thing happen legally.
I mean, there's some defenses here, and i'd which wish
you had cracked your head open and half your brain's
spilling out in the bathroom floor. That would have been
a much better case. Or it took your head right
off and the only thing that was left is a
(31:34):
torso with arms and legs. Better case. But okay, let's
assume it's going to take two three months to resolve,
and it resolves completely. The case is worth x number
of dollars. If it doesn't resolve, you've got some serious damage,
especially as a result of a concussion. Okay, so that's
number one. There's your case. Okay, you are suing the
(31:57):
the owner of the airbnb because of a defective water
heater where the it just gets super hot. Now, the
other issue is did the owner know about it?
Speaker 8 (32:11):
Any idea that can I'll tell you something.
Speaker 6 (32:15):
This is a it's a rental agency monitored or all right,
So we did let them know their relicious one We
first came in and one of the issues was that
during the night, we will hear this noise that came
in that came from the bathroom, the shower area.
Speaker 3 (32:33):
So okay, that doesn't mean that doesn't mean that the
water is super hot. That just means the noise was
coming in from the bathroom area. Those are dots that
can't be connected. One does not connect to the other
unless you bring in a plumber, a plumbing expert who goes,
oh yeah, noise equals hot shower, which I don't think
you're going to get.
Speaker 2 (32:53):
All right, So you have pretty.
Speaker 3 (32:55):
Good damages, assuming that you know, the worse the prognosis,
the better. The the cases in terms of damages. Now
you've got liability. Okay, shower was super hot, grab the
shower curtain, wrapped it around me, and I slipped on it,
and therefore it caused me to slip and then you
(33:16):
hit your head, et cetera. And I'm going to ask
why didn't you just get out of shower? Why would
you wrap a shower curtain around you? Why didn't you
just get out? And you're gonna say that's what I did.
It happened so quickly, so you know, is it a
decent case?
Speaker 2 (33:31):
It might be.
Speaker 3 (33:32):
It might be, but they're they're connecting all those dots.
May not be the easiest thing, but it's worth talking
to a personal injury lawyer.
Speaker 2 (33:44):
Did this happen in California?
Speaker 6 (33:47):
Yes?
Speaker 2 (33:47):
Yes, Okay, you may want.
Speaker 3 (33:49):
To go to handle on the law dot Com and
mention that we talked and one of the lawyers you
can talk to, probably Mark, you'll talk to and explain
what was going on and see if there's anything there.
Speaker 2 (34:00):
Now, I'm not an expert in this.
Speaker 4 (34:02):
He is.
Speaker 3 (34:03):
I mean, this is what his firm does, as well
as the other lawyers involved, and they are. That's why
I created HANDLE on the law dot Com because issues
like this, is there a case? Is there not a case?
And they'll tell you right up front that there is.
Do I think the damages are good? Yes, there is
a liability issue. I think there's an issue there too,
(34:26):
So go to the website, go to handle on the
law dot Com.
Speaker 2 (34:29):
Okay, d hi, d you welcome. Hi, good morning, Yes, ma'am.
Speaker 11 (34:37):
So, I just recently in September did a home improvement.
Repainted the house. I installed new pavers in the front
yard and when they were done, there was no one
that did a walk through with me. That the representatives
kind of said, walk around and tell me if you
like it or not. To my eyes, they looked lovely.
(35:00):
When my landscaper came to readjust sprinklers because I widened
my walkway, he realized that they built over a pipe
and broke a live pipe. And as he was working
on the retaining wall, he had asked me if they
compacted the soil, and I said I don't know. So
(35:20):
we asked the installer and he told us he did
not compact the soil, and so we asked if they
had the equipment and he said no, the company doesn't
have that type of equipment. I called the company to
see if the installers were like third party contractors or
if they were actually installers from the company. They did
tell me that these are installers hired by the company,
(35:43):
they are not third party, and that the equipment was
available for him to use. I went to I live
in Riverside City, so I went to public Works and
to see if I can get an inspector to come
out to take a look to make sure that it's
done within ordinance. They said, un fortunately, because it didn't
need to be permitted, there wouldn't be an inspector that
(36:03):
could come out. However, everything that I read with the
manufacturer instructions and the ordinance says that the Riverside City soil,
the native soil, is recommended to be compacted due to
seismic activity in the area.
Speaker 2 (36:21):
All right, you don't need to permit.
Speaker 3 (36:22):
I mean that, okay, But they don't need a permit,
so they're not going to come out, and what you're
going to be saying is that it should have been compacted.
Speaker 2 (36:29):
They're going to say you didn't need to compact it.
Speaker 3 (36:32):
They may recommend it, but don't you don't necessarily have
to compact it and we're not doing anything that is wrong.
I mean, it could have been done better, stronger, but
we're within our standard of care. And so should they
have compacted? Yeah, probably you're a walk around. Isn't going
to help you there, you are walking around on the pavers.
(36:54):
How the hell are you going to know it's compacted
or not. So that's not going to help you want
to get in another company to fix it. And one
of the things you could argue they should have compacted,
which means they after redo the whole thing, or if
it doesn't need to be compacted, because it sounds like
they just broke the pipe, and whether they compacted or not,
(37:15):
they would have broken the pipe. So it's one of
those where you got to find out first what's going
to cost. And it's not going to be cheap. You
have all the information and unfortunately it's going to cost
you more than ten thousand dollars probably to fix it,
which means or twelve thousand dollars. And it's small claims,
and you make that argument, it's not easy to make.
(37:36):
I mean, there's a lot of stuff going on. Permits
not permits, standard standard of care if that's a medical term.
But normal standards that have to be met, and so
I mean there's a lot to it. That wasn't a
simple question. Okay, before we leave, I want to tell
you what's going on with Zelman's. There's a flash sale
going on until midnight tomorrow night. And this is is
(38:00):
all about Zelman's mintimouth.
Speaker 2 (38:03):
Far more than a minth mint.
Speaker 3 (38:05):
This is getting rid of your bad breath, both in
your mouth with a minti part and then swallowing your
writing into the capsules takes care of it in your stomach.
So right now till tomorrow night, twenty five percent off
everything they have. It's a flash sale, twenty five percent
off both flavors spearmint and peppermint, perfect stocking stuffer, also
their tongue scrapers.
Speaker 2 (38:25):
You can add that to your card. Twenty five percent off.
Speaker 3 (38:29):
Only available online at Zelmans dot com z e l
m I N S Zelmans dot com. You have to
use the code flash twenty five percent off till tomorrow
night midnight Zelmans Z L M I N S Zelmans
dot com and the code is flash. And before you
we leave, I'm still taking phone calls. By the way,
(38:50):
don't go away. For those of you that are on hold.
Stay put. I'll get right to you and I'll be
going on with off the air for the next thirty
four forty five minutes, and that's eight hundred five two
zero one five three four. You can call right now
and you'll be up. And I go through these very
quickly because there are no breaks. As you can imagine,
this is Handle on the Law.
Speaker 2 (39:12):
You've been listening to the Bill Handle Show.
Speaker 3 (39:14):
Catch My Show Monday through Friday six am to nine am,
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