December 27, 2025 • 34 mins
Handel on the Law. Marginal Legal Replay.
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Speaker 1 (00:01):
You're listening to bill Handle on Demand from KFI A
M six forty.
Speaker 2 (00:09):
This is handle on the law Marginal lea the advice
where I tell you have absolutely no case.
Speaker 3 (00:16):
Now that little.
Speaker 2 (00:18):
Recycle symbol that you see on packaging milk cartons, for example,
you're not going to see on milk cartons anymore. It's
the recycling symbol that's really coveted, and it has those
you know, chasing arrows in that triangular shape, and it
is now on its way out when it comes to
(00:41):
milk cartons, which is probably one of the most recycled
products that we have recycled packaging that exists.
Speaker 3 (00:48):
There was a letter.
Speaker 2 (00:51):
That Waste Management, one of the nation's largest waste companies,
letters sent to California.
Speaker 3 (00:58):
This is a California issue.
Speaker 2 (01:00):
Waste Management sent to the state that it would no
longer sort cartons out of the waste stream for recycling
at the big facility as in Sacramento. What it will
do is send those milk packages, those milk cartons straight
to the landfill.
Speaker 3 (01:18):
Now that is a very big deal.
Speaker 2 (01:20):
I mean, California is at the forefront of recycling, still is,
and the way recycling works, it's all hand done.
Speaker 3 (01:28):
It's all manual labor.
Speaker 2 (01:31):
Out of the recycling bins that people put in front
of the house is picked up by recycling trucks. It's
a separate bin that is then thrown into the center
and conveyor belts pick it up and people just literally
pick and choose. They have to pick up the stuff
that is recyclable and let the rest go. That goes
into a landfill, and then the recycling part of it
(01:53):
goes to various companies, various organizations that use that recycled material.
Well used to be that milk was part of it,
but it's just not being able to be recycled. It
really actually never was because of just how difficult it
is because beverage and food cartons, despite the fact that
(02:15):
they are paper, well they're really layers of paper and
plastic and sometimes aluminum, and this blend extends shelf life,
so it makes it really attractive for the manufacturers the companies,
but it really can't be recycled. And in California we're
(02:35):
so crazy about recycling that. Matter of fact, I literally
have two of these recycling bins in my house. One
is general recycling and the other one is paper recycling.
Where I do cartons, because everybody now does Amazon and
(02:56):
ships everything, so we have cartons up the inning. So
and it's waste management, by the way, the company that
picks up my trash, and well it used to be
and I drink milk. So those days are done. All right,
Let's take some phone calls. Marvin, Hello, Marvin, welcome. Good
(03:17):
more than yes.
Speaker 4 (03:18):
And my problem is that I actually purchased two different batteries.
Speaker 3 (03:24):
I came in and told them.
Speaker 4 (03:26):
For my boat, and there were six vote batteries I
turned in, and they inadvertently put twelve vote batteries in
my cart I installed the twelve vote batteries, not knowing
the difference, and it ended up burning up my motor.
(03:46):
I had two different mechanics come out and verified that
that is what damaged my boat.
Speaker 3 (03:53):
Okay, okay, fair enough, I'll buy that.
Speaker 2 (03:55):
So let me ask you how much the motor burned
out if you were to repair today or replaced it.
Speaker 3 (04:00):
How much mone are you talking about?
Speaker 4 (04:04):
Probably I think my bill was somewhere around twelve hundred dollars.
Speaker 2 (04:07):
Okay, So now it being said you when you said
they inadvertently, someone picked up a battery and put it in.
Speaker 3 (04:14):
Your cart, correct, yes or no batteries in okay?
Speaker 2 (04:19):
And then they wrote and then they replaced it in
the cart that you pull the cart, you put it
into the you went over to the auto repair place.
Speaker 3 (04:28):
Right, that is correct? Okay?
Speaker 4 (04:31):
On the battery, all right?
Speaker 3 (04:32):
And now all right they were confused, got it? Now
that gets interesting?
Speaker 2 (04:36):
So now my question is you does it say pretty
clearly twelve votes, twelve vote versus sixfold?
Speaker 5 (04:43):
Oh?
Speaker 6 (04:45):
Nowhere on it?
Speaker 2 (04:46):
Oh, you can't even tell what's a twelve vote? And
what's a six volt?
Speaker 4 (04:50):
Well, twelve vote has two openings to put water in,
and I guess a six volt only has one.
Speaker 3 (04:56):
That's what I oh?
Speaker 2 (04:58):
And that is the wait a second, and that is
the only difference. There isn't any kind of label or anything.
Speaker 3 (05:06):
What does What does the label say?
Speaker 5 (05:07):
It?
Speaker 3 (05:08):
Does it? Does it even give the name of the battery?
Speaker 2 (05:09):
Or is it just a battery that's a square battery
with nothing on it except to a whole or two
holes at the top.
Speaker 4 (05:16):
Yeah, it's just a bigger battery. It's bigger than a
six foot I'm not arguing.
Speaker 3 (05:20):
That is it. Just let me ask you this.
Speaker 2 (05:22):
It's just a black box with nose with basically this
with nothing on. It doesn't say battery, doesn't say the manufacturer,
doesn't say the voltage, nothing, it's just a black box. Yeah,
this is a manufacturer, okay, but it doesn't say voltage.
Speaker 3 (05:37):
It doesn't say voltage anywhere on.
Speaker 4 (05:39):
There no not that I can ever see.
Speaker 3 (05:42):
Wow, that's an interesting one.
Speaker 2 (05:43):
I can't imagine that a battery wouldn't say somewhere with
the voltage is okay, So what have you done about it?
Speaker 4 (05:51):
Well, I went to them a month ago and uh
he sets the information to his lawyers, who came back
and says is not responsible.
Speaker 3 (06:01):
Okay, that's all right, fair enough. So you assue them.
Speaker 2 (06:03):
So you take them a small claims court, and here's
your argument. You bring in you bring in the battery,
and you say you're honored. There's nothing here to indicate
it's a twelve vote or a six volt at all.
It's it's there's no signage on it or there's no
labeling it at all.
Speaker 3 (06:18):
And the only difference is one hole versus two holes
at the top.
Speaker 2 (06:23):
And if the judge says you're right, there's no way
to know which you know. I mean, I can't imagine
a manufacturer not putting even the voltage on a battery.
Speaker 3 (06:36):
I mean that one got me on that one.
Speaker 2 (06:38):
But should just argue if the judge buys you, they
put in the wrong voltage, and they're going to say, well,
this is what you asked for. Okay, that's what they're
gonna say, you asked for this battery. You go, no,
I didn't. I asked for the other battery, and they go, no,
you didn't, you asked for this one, and you I
have to effectively prove on that or more so that
(07:02):
what you say is the truth versus what they say,
because it's easy for them to say, you asked for
this battery, we put it in, and we put it
in your cart.
Speaker 6 (07:13):
Well goes, I need better.
Speaker 4 (07:15):
On my receipt is a six vote battery, but they
gave me a twelve vote battery.
Speaker 3 (07:20):
Well that helps.
Speaker 2 (07:21):
That helps, That helps, and that's part of your lawsuit.
You bring that into court. So give that a shot.
Speaker 3 (07:28):
That was kind of interesting.
Speaker 2 (07:29):
Have you ever seen a battery that doesn't have any
indication of what.
Speaker 3 (07:34):
The voltage is?
Speaker 2 (07:36):
Just basically a black box like a generic battery.
Speaker 3 (07:41):
Go figure that one out.
Speaker 2 (07:43):
This is handle on the law welcome back handle on
the law marginal legal Advice.
Speaker 6 (07:52):
Peter.
Speaker 3 (07:53):
Hello, Peter, welcome to handle on the law.
Speaker 6 (07:57):
Hey, how you doing?
Speaker 3 (07:59):
What can I do?
Speaker 6 (08:00):
Three part? I had a three part question for you,
if you don't mind. First of all, I was involved
in two automobile accidents twenty six days apart. The insurance
company rolled the first claim into the second claim and
said it was all one claim. I was insured for
two hundred and fifty thousand dollars personal injury protection on
(08:23):
each accident, as far as my policy said it specifically
said to each accident. After the accidents, they sent me
a letter detailing that that I had the two hundred
and fifty thousand dollars policy. They capped me at two
hundred and fifty thousand dollars.
Speaker 2 (08:40):
Oh wait a sec hold on how bad? Wait a minute, Peter?
How bad was this accident? I mean, how badly was
someone hurt?
Speaker 7 (08:51):
Well?
Speaker 6 (08:52):
I was. I was struck both times. I was not
at fault either time, and I received the injuries I've
had at one spinal fusion, Oh gumbo, Okay, I'm looking
at another one in amar.
Speaker 2 (09:06):
Okay, so you're the one that's banged up, all right,
So two hundred and fifty thousand dollars. I mean, you've
got some serious medical costs, all right. So they're saying
two fifty, you're saying five hundred thousand because it's two
separate accidents.
Speaker 3 (09:19):
Okay, And what is your question, Peter?
Speaker 6 (09:25):
Can I go after them for breach of contract?
Speaker 8 (09:28):
Now?
Speaker 2 (09:28):
You can only go after them for the money. You
have a lawyer in this, of course I do. Okay,
you turn it over to your lawyer and go. You
figure it out, because, believe me, the lawyer is as
motivated to get five hundred thousand dollars coverage as you
are to get five hundred thousand. If the lawyer isn't
(09:48):
aggressively going after that insurance company. I mean even to
the point where he's willing to file a lawsuit against
the insurance companies, not necessarily against the drivers who struck you,
which of course they're going to do.
Speaker 3 (10:01):
Uh, it's you've got the wrong attorney.
Speaker 6 (10:05):
Well, I have a lawsuit against the driver that struck me.
Yeah you have to. Yeah, it's gone to arbitration twice.
Two judges have told them to pay the policy they've
denied to pay.
Speaker 2 (10:18):
All right, trial, then you know what, there's nothing you do, Peter,
you go to trial. Yeah, your lawyer's gonna you've bought
yourself a trial if that's the case.
Speaker 6 (10:27):
So can I still go after the insurance company, Yeah.
Speaker 2 (10:30):
You're going to go after you. No, you're not going
to go after the insurance company. If it's their insurance company. Uh,
that's denying it. Then you're suing the driver. That's who
you're suing. And then they have to cover it. And
if they don't cover it, then it gets kind of
interesting because I've never heard of an insurance of of
(10:51):
a defendant losing the case and the insurance company saying
we don't care, we're not going to pay it.
Speaker 3 (10:58):
That is a breach.
Speaker 2 (11:00):
I mean, they'd lose their license to do business in
the state. That's ignoring a court decision by a judge
or a jury. That's a judgment that has in fact
been decided. They just can't arbitragally do that because then
you have insurance companies say, no, we're not going to
cover it. Now we're not, even though we're required by
a lot of cover it.
Speaker 3 (11:20):
No, we've just changed our minds.
Speaker 2 (11:22):
Maybe every insurance company would do that all day long,
and that's a violation of law and that's controlled by
the insurance commissioner. They'd lose their license to practice to
sell insurance policies in a heartbeat.
Speaker 3 (11:37):
So it's your lawyer tgles.
Speaker 6 (11:39):
At all, it's my insurance company.
Speaker 2 (11:42):
That it doesn't matter, It doesn't matter who you sue
if it's well, your insurance company is not going to
pay you unless you're declaring uninsured motors, which is not.
So you're just going to file a claim against your
insurance company.
Speaker 3 (11:57):
Now you've got to win against the drive.
Speaker 6 (12:01):
Isn't my insurance company responsible for the personal injury protection?
Speaker 2 (12:07):
Yeah, that's up to five thousand, that's probably up to
five thousand dollars.
Speaker 6 (12:11):
No, it's two hundred and fifty thousand.
Speaker 2 (12:13):
On medical expenses. It's under uninsured motors. Under your uninsured motorists,
you're responsible for two hundred and.
Speaker 6 (12:21):
Fifty that's no, that's not uninsured motors. That's personal injury protection.
This happened in the state of New Jersey.
Speaker 2 (12:28):
Okay, it's a little complicated, But in the end, because
I'm not familiar with the law of that, in the end,
it's your lawyer that's going to end up suing the
insurance company and saying it's five hundred thousand instead of
two fifty.
Speaker 3 (12:40):
It's that simple.
Speaker 2 (12:42):
It's it's it's basically a trial. You bought yourself a trial,
and so you do it. I'm assuming your lawyer is
willing to do that work.
Speaker 6 (12:51):
Well, yes, we're awaiting trial, okay, and then you're good.
Speaker 3 (12:54):
Then you're good.
Speaker 6 (12:55):
Against against the guy that hit me, but not with
my insurance co.
Speaker 2 (13:00):
Well, your insurance company is going to have to pay
because you've got legitimate medical expenses unless they say you're
you're at fault and we're not going to cover you.
But that's when you kick in where you pay me
come hell or high water. I haven't seen your policy,
but I think that's what's going to end up happening.
(13:20):
That was a little complicated, and I hope I understood
that correctly.
Speaker 3 (13:25):
And there's a very good chance I didn't understand any
of that.
Speaker 2 (13:28):
Uh.
Speaker 3 (13:29):
There you are, Sarah, Hello, Sarah, welcome.
Speaker 9 (13:35):
Hellow clad is it trust? I want to know how
iron clad is it? Trust?
Speaker 3 (13:40):
Okay?
Speaker 2 (13:40):
It depends on how will the trust is written. Now,
if the trust meets what the terms of the law,
it's iron clad. It's unless it is sloppily written, unless
there are holes.
Speaker 3 (13:55):
In it unless there are contradictions in it.
Speaker 2 (13:59):
Yeah, so you just want to know how iron clad
it depends on the trust. Just what's the issue here, Sarah,
what's the issue here? Why are you asking?
Speaker 9 (14:09):
Well, my mother dad recently interssed the houses to me
and my husband, but my brothers and sisters are trying
to get part of it.
Speaker 2 (14:16):
Yeah, of course they do. Yeah, that's Sarah. That's always family.
And if the if the house was owned by the trust,
and then I'm assuming that's that they met the rules
of the trust. Otherwise, if the house is not owned
by the trust, then then then the trust isn't funded.
Speaker 3 (14:33):
There's nothing there.
Speaker 2 (14:34):
But let's say it was appropriately put into the trust,
and in the trust it says it goes to you
and your husband, and that's it.
Speaker 3 (14:42):
That's ironclad. Now, of course people are.
Speaker 2 (14:46):
Going to go after it because that's what family does,
because they always go after the money.
Speaker 3 (14:52):
How much is the house worth, Sarah.
Speaker 9 (14:54):
Oh, by eight hundred thousand, All right, Well.
Speaker 3 (14:56):
That's enough to have family members go and attack it.
Speaker 2 (15:00):
And here's what ends up happening virtually all of the
time is if there is a trust that is an
ironclad trust, as you put it in other words, properly written,
properly funded, no holes in it. It's just your basic
good trust. Then they go to an attorney, let's say
(15:21):
a trust in, a state attorney, who will try to
attack the trust. If it is a good trust, no
legitimate attorney will take it. No legitimate trust and attorney
trust in, a state attorney will take it. The trust
in a state attorney will tell the family members who
are trying to get the money, hey, there's nothing here, Okay,
(15:41):
this is legitimate. Now there are a state attorneys trust
and state attorneys that sue the trust just.
Speaker 3 (15:50):
To negotiate and get nuisance value.
Speaker 2 (15:53):
Hey give us one hundred thousand dollars when you sell
the property and we'll go away right now. And so
I mean that is that's what happens. That's typically what happens.
If it's a good trust, you should be okay. And
they may file as a lawsuit okay. And if they do,
what ends up happening. If an attorney is dealing with
(16:15):
them for contingency, they're going to get a percentage, which
some lawyers do.
Speaker 3 (16:19):
There send me no money for that attorney none. The
problem is to defend it.
Speaker 2 (16:24):
The trust is going to have to spend some money.
Speaker 3 (16:28):
Yeah, you chose you don't spend the money. Yeah, I
know you.
Speaker 2 (16:33):
You don't spend You don't spend the money. The trust
does to defend itself trust, Yeah, well you have to
find that out. You got to find that out. If
the house is not in the trust, then it goes.
If the house is not in the trust, then it
goes by way of a will had in the trust,
(16:54):
then you're fined. Then you should be okay and tell
your family members to go pound sand. Congratulations having those
kind of family members.
Speaker 3 (17:02):
This is handle on the Law.
Speaker 1 (17:06):
You're listening to Bill Handle on Demand from KFI AM
six forty.
Speaker 2 (17:12):
This is handle on the Law marginal legal advice where
I tell you have absolutely no case.
Speaker 3 (17:22):
James, Hello James, So, yeah.
Speaker 7 (17:26):
Hi, I've got a I live in San Diego. I
got an orchard on my property where my house is fenced.
San Diego Gas and Electric contracts Davy Tree Service to
do brush clearing around the poles. I have two poles
on the property. I have or had a thirty year
old Macadamian nut tree there that was a very very
(17:49):
good tree, and they basically hacked it apart and left nothing,
and so I wanted them to replace it. The closest
replacement I can find is about half the size. It's
also about eleven one thousand dollars. And they're telling me
they're not going to do anything about it.
Speaker 3 (18:03):
Of course they're not.
Speaker 2 (18:04):
They're saying they're not going to do anything about it.
You know, I mean, welcome to bureaucracies. So this gets
easy that they're responsible for it. You first of all,
you sue both the county or the city as well
as the Tree Service. Now you have to let the
city know within six months that you are going to
(18:27):
you make a claim instantly to the city for the value.
Speaker 7 (18:30):
It's not the city, it's stg.
Speaker 3 (18:33):
And it doesn't matter. So it's still a quasei quasi.
Speaker 2 (18:38):
Municipal. It's considered a municipal authority. So you're find you
make a claim against them, they're going to say no.
You make a formal claim against them, and they're going
to say no, and then you assue them.
Speaker 3 (18:50):
That's it. You assue them.
Speaker 2 (18:52):
You see both the Tree Service and them, and you
get a date and you're going to take it to court.
That's easy, and you go here. It is all you
have to do is if they did it. No, I
have to prove is the value of the tree? Now
they have to replace the tree and pay for it.
The problem is there's no way that you can replace
it because there's no tree that size. You can't buy
(19:16):
a full grown, mature macadamia tree out there. I'm assuming
you can't.
Speaker 7 (19:21):
No, you can't. Okay, you can buy half size one
in their very much sensive. But what do I ask for?
I mean the planting will involve a tractor, and you know, yeah.
Speaker 3 (19:29):
You ask for all of it. You ask for all
of it. You ask for all of it. You asked
for all the planting.
Speaker 7 (19:35):
I would have the problem.
Speaker 3 (19:37):
Then, Yeah.
Speaker 2 (19:37):
The problem is is that small claims court where you're
going to go is ten thousand dollars.
Speaker 3 (19:44):
That's all you gotta get. Now, if you want to get.
Speaker 2 (19:47):
The value of the tree, let them figure out that it's.
Speaker 3 (19:54):
Well, let me ask you. Let me go the take
the other side.
Speaker 2 (19:56):
Can you get a nursery to say the value of
the tree was twenty thousand dollars?
Speaker 7 (20:01):
Yes, I already have yes, Okay.
Speaker 3 (20:03):
So that's your damage twenty thousand dollars. That's it. That's
your damage.
Speaker 2 (20:09):
Twenty thousand dollars and you want to leave alone when
they say, hey, you can't get a tree, and the
best you can only do is eleven thousand dollars, and
that's what we're responsible for because it is physically impossible
to replace that tree. And you're gonna argue, that's a
twenty thousand dollars tree, and I'm gonna get half of
a tree, but you owe me the full amount, and
(20:33):
the replacement has nothing to do with it.
Speaker 3 (20:36):
And so you're.
Speaker 2 (20:36):
Gonna get the cost of taking out the stump, the
cost of buying the tree, bringing in the crane, because
I had to replace an olive tree once. God, those
are expensive. And it was the worst fault. There was
a leak going through underneath with some pipe and it
just soaked everything. And you can't have two years of
soaking an olive tree a root without a going south.
(20:57):
But man, it was like the tree and it was
big and it was ten thousand dollars and they take forever,
and it took a crane and all of that, and
so those are your damages.
Speaker 5 (21:08):
Now.
Speaker 2 (21:08):
Anything above ten thousand dollars, you either wave saying okay,
I'm only ten, or if it's enough you have to
go into Superior Court.
Speaker 3 (21:19):
And you're gonna have and they're gonna have it.
Speaker 7 (21:20):
Because I didn't want to go ahead, No, you go ahead.
Oh I'm sorry, That's what I was trying to avoid.
I'd rather just they take it.
Speaker 3 (21:29):
Than sup for the ten. Do it and then sue
for the ten. That's it, soup for ten thousand dollars.
Speaker 2 (21:35):
And then you walk into court and you claim these
are my damages and they're way over ten thousand dollars
and that's your claim.
Speaker 7 (21:44):
You sound like this will fly? Or am I wasting
my time?
Speaker 8 (21:46):
No?
Speaker 2 (21:47):
No, I think it's gonna fly. You come in with
enough proof. I think you're gonna be okay. You show
them that they destroyed it. You prove that, you show
the uh what it's going to cost you to replace it.
Then you can just play a replace and it's only
going to be half the size. So already you've been
damaged and it's going to cost the crane, et cetera.
(22:07):
And there your damages. I mean, it's far greater than
ten thousand dollars. And I don't know what they're gonna say,
we didn't do it.
Speaker 3 (22:15):
It isn't eleven thousand dollars to place a tree. Okay,
I don't know what their.
Speaker 7 (22:21):
Defense is, all right, and this was like a month
and a half ago.
Speaker 2 (22:25):
It's you've got, you've got, You've got a couple of years.
Speaker 3 (22:29):
You have a couple of years to do it. So
I wouldn't worry about that, Dan or Dean, Hello, Dean, welcome.
Speaker 9 (22:37):
Hi Bill.
Speaker 5 (22:39):
A dog bite case where the dog bit me on
the face, okay, And I went yeah, and I went
through your network and they referred me to the lawyers.
This all happened in Pennsylvania, and so I got a
hold of a lawyer there and through all the month
found out that, well, the owner who's renting his house
(23:00):
does not have homeowners insurance or rental insurance.
Speaker 6 (23:03):
Yeah, okay, So the.
Speaker 5 (23:06):
Lawyer's thinking that we don't, we can't get any recovery.
Speaker 3 (23:10):
Out of it, right, But I can see that.
Speaker 5 (23:12):
What's your question, Well, the question is I was basically
on the job but not being paid because it was
a truck driving job where you get a mentor to
show you the ropes on the road. And so we
stopped by his house to visit his family and then
continue on with our arm work. So I wasn't on
(23:33):
the clock, but the company I work for refuses to
even acknowledge any connection because it.
Speaker 3 (23:41):
Was okay, well here you know, and I can see that.
Speaker 2 (23:43):
I can see the company saying, okay, you were on
the job, but then you stopped and you went to
visit you know someone and not. But then again, let's
say you're going to lunch and you say, hey, I'm
not entitled to lunch, and therefore I'm not on the clock.
Speaker 3 (23:59):
So I can see both sides.
Speaker 2 (24:02):
I would argue that the company is responsible, but no
lawyer is going to take personal injury. Lawyers probably aren't
going to take that because that's a work comp case.
If you were a bit now you can sue the
dog owner, Okay, that you can do, But there's no
insurance there, right, and so where is the lawyer going
(24:25):
to make the money?
Speaker 3 (24:27):
True?
Speaker 2 (24:28):
And that's the problem you have. So uh, if there
is no insurance on that side, all you have is
against the company. And you want to talk to a
work comp attorney in uh? In uh?
Speaker 3 (24:40):
Where was this Pennsylvania?
Speaker 5 (24:43):
Pennsylvania?
Speaker 3 (24:44):
Yeah, you want to.
Speaker 2 (24:44):
Talk to work comp attorney in Pennsylvania. That's who you
have to talk to, not a personal injury lawyer. So
at this point, because of that, yeah, you're you're with
the wrong lawyer. I mean, the lawyer looked and he says,
there's no money there, thank you.
Speaker 5 (24:58):
Yeah, low hanging Yeah, it's.
Speaker 3 (25:01):
Not even low hanging fruit, Dean. It's not even a
question of low hanging fruit.
Speaker 2 (25:05):
Let's say you're a contractor, right and the customer has
no money?
Speaker 3 (25:10):
Are you going to do the work?
Speaker 9 (25:13):
No?
Speaker 2 (25:14):
Exactly, And low hanging fruit means wow, You'll get all
the jobs you want for no money. So it's a
work comcase, is what it is. This is handle on
the law. This is handle on the law. Marginal legal advice.
Hello David, welcome.
Speaker 10 (25:36):
Yes, sir, I've got I've lived on a tennaker farm
and I've lived there since nineteen eighty one. And it
was my great aunt and uncles and they the last
one died in nineteen seventy seven. On the indeed, it
does have my mom's name. She had a brother and
(25:58):
a sister, and I have lived there since nineteen eighty one.
Speaker 11 (26:02):
I've played all the property tax I've taken care of
the property, taken care of the house, or models the house,
updated it several times. Can I take this project court.
Speaker 3 (26:13):
Well, hold on, hang on, I'm assuming there's no will.
Speaker 5 (26:17):
I mean, you're where are you, David, I'm in Tennessee.
Speaker 3 (26:21):
Got it a wall a shocker.
Speaker 2 (26:22):
I never would have guessed because you sound like you're
from the East coast with a hobbed accent. Okay, all right,
so uh there is no will? Is that correct?
Speaker 10 (26:34):
Correct?
Speaker 3 (26:35):
Okay?
Speaker 2 (26:35):
And now are you the only child or do you
how are their other kids?
Speaker 11 (26:41):
I've got a brother, but he's willing to I've lived
there so long he.
Speaker 10 (26:47):
Has no answers to it.
Speaker 2 (26:48):
Good for him, by the way, Good for him because
he's being at the goal because he has a right
to half of it. I'm assuming that Tennessee law is
the same as it is out here, because virtually inheritance
laws are the same. And what happens is parents die, Okay,
the last owner of the house dies. Then it goes down.
(27:11):
It goes by way of intestacy. No will, first kids, well,
first surviving spouse and kids. That's the way it is
in California, and you can look it up. If there
is no surviving spouse, then it goes down to the children,
not the uncle, not the brothers, The kids and so
(27:31):
it should be. I mean, you definitely want to get
a probate attorney because you want to transfer the property
to actually both you and your brother, and at the
same time, your brother transfers his portion to you, so
you own the property. I would do the same thing,
by the way, if you're my brother and you've paid
it for it for a bunch of years, and you've
(27:52):
maintained it and effectively you did all the work, you know,
I would ethically say no, actually I would, and David,
I'd go half of my house.
Speaker 3 (28:02):
You'd go pound sand Yeah, but that's me.
Speaker 2 (28:06):
In the meantime, you should be okay, but you can
call a I'd call a probate attorney and just asked
that question. I think you're going to be fine. And
then the procedure is you've got to transfer the property
into your name, because right now it's your who was
the last surviving spouse, your mom or your dad.
Speaker 3 (28:25):
I forgot.
Speaker 11 (28:28):
My mom died.
Speaker 5 (28:31):
Seven years ago, okay.
Speaker 3 (28:33):
And your dad had already died.
Speaker 11 (28:36):
Yes, he died twenty years ago.
Speaker 2 (28:38):
Okay, So the property reverted her. You know, the property
could still be in both their names. You pull title,
and I wouldn't be surprised if the property was not
in your mom and dad's name, because I'm sure your
mom just lived there. No one is going to try
to kick her out, and then when she dies, you
(29:01):
move in. You're paying the taxes, so certainly the county,
the state doesn't care. I mean, as long as it's
being paid. I mean, it's up to you to do
the transfer. They don't give a damn as long as
and if there's a mortgage, as long as a mortgage
company is being paid.
Speaker 3 (29:15):
So it's up to you to do the transfer.
Speaker 2 (29:18):
And that's easy, and you may want to go to
a probate attorney, but it's not going to cost you
very much. I mean, you and your brother owned the property,
and your brother's willing to give it to you.
Speaker 3 (29:28):
You're going to be fine, okay, all right?
Speaker 2 (29:31):
And if you have and if uncle and cousins wherever
go after it, you know what, you tell them to
go pound sand. And you guys all have shotguns down
there anyways, don't you.
Speaker 3 (29:43):
Of course you do. That's Tennessee. You know they go
hunting for squirrels and whatever the hell else they do
down there. Hey, Lucy, you welcome to handle on the law.
Speaker 5 (29:55):
Yes.
Speaker 2 (29:55):
So.
Speaker 8 (29:56):
Twenty five years ago I worked as a tutor in
a school district. One of my assignments was to help
a group of students developed stories, do their own illustrations
and book covers, et cetera. These stories were submitted to
the district for a story writing competition. One of the
(30:18):
stories one first place, and it was display all over
the district. About two to three years later, the story
was replicated in a movie, same storyline, even the same name.
(30:39):
We have never received any royal story a king.
Speaker 3 (30:42):
All right, Lucy, Now, students wrote this or did you
write it?
Speaker 6 (30:47):
Wrote?
Speaker 8 (30:48):
No, I helped the student develop the story.
Speaker 3 (30:52):
And how do you prove that.
Speaker 2 (30:54):
How do you prove that, five years ago you help
the student develop the story.
Speaker 3 (30:58):
How do you prove that?
Speaker 8 (31:00):
Well, I was in the group and she won first place.
Speaker 3 (31:03):
I understand, No, I understand.
Speaker 2 (31:05):
How do you prove that it was you developed the
story with her that you're entitled to at least half
of the royalties if there were any How do you
prove that?
Speaker 8 (31:17):
She would have to testify that that's what happened.
Speaker 3 (31:20):
That's correct.
Speaker 2 (31:20):
Now, you would have to say it was Lucy who
came up with the idea.
Speaker 3 (31:25):
Thirty years ago.
Speaker 2 (31:29):
And why didn't you file a lawsuit two years after
the fact. Why did you file a lawsuit twenty eight
years ago when it was made into a movie.
Speaker 8 (31:39):
Because I didn't understand, I didn't know nothing about the law.
Speaker 3 (31:43):
Was very nice, Lucy. Perhaps, Yeah, Lucy, it doesn't work
that way.
Speaker 2 (31:48):
First of all, proving that it was your idea, proving
that it was only your idea, or you worked with
her and there couldn't be anybody else. I was, for example, Apple,
the rights bought by the movie company. Did anybody receive royalties?
Probably not. So they came up with this movie. They're
(32:10):
gonna say, we came up with this independently. Uh, it
is is word for word? Is how how general the
idea is? Or is it specific? I mean really specific?
Speaker 3 (32:23):
Where you can argue they took on idea.
Speaker 8 (32:27):
Mister handle if you saw the story and the movie
and compare them, they're almost identical.
Speaker 3 (32:33):
Yeah, but you can't.
Speaker 2 (32:34):
But Lucy, you can't prove that even was your idea.
Speaker 8 (32:39):
The STUDI, even if I don't get any royalties, is
the is the student entitled I've lost No?
Speaker 3 (32:47):
No?
Speaker 2 (32:48):
Not it was a published work. No, Now that doesn't work.
Speaker 3 (32:53):
That way.
Speaker 2 (32:53):
I mean, I've had plenty of ideas that have turned
into movies and I can't install that.
Speaker 3 (32:59):
Uh, that doesn't that doesn't work.
Speaker 2 (33:02):
All right, Before we take a break, let me tell
you about handle on the Law dot Com. As I
tell people, when you do need a lawyer, and you
don't have to pay for a lawyer. In personal injury cases,
it's always contingency, which means that any money that is
either settled or goes to court, that goes to you,
the lawyer merely takes a percentage of. And there are
(33:25):
a lot of lawyers out there that specialize that do
personal injury. I mean, look at those billboards out there,
listen to the commercials here on KFI, look at the
print ads. Well, how do you know which ones are good?
I mean, you don't, bottom line. And so this is
why I created handle on the Law dot Com. Some
of them, by the way, are excellent, but you don't know.
(33:45):
Handle on the Law dot Com is a referral service
that tells you about lawyers who are good and they
are vetted, and if there's a problem, I make the
phone call to the lawyer. So that's why I'm suggesting
if you've been injured, either in a car accident, a
motorcycle accident, maybe a slip and fall, and it's not
(34:08):
your fault. Let me suggest you contact Handle on the
law dot com. Handle on the law dot com. This
is Handle on the Law. You've been listening to the
Bill Handle Show. 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 A
M six forty.
Speaker 2 (00:09):
This is handle on the law Marginal lea the advice
where I tell you have absolutely no case.
Speaker 3 (00:16):
Now that little.
Speaker 2 (00:18):
Recycle symbol that you see on packaging milk cartons, for example,
you're not going to see on milk cartons anymore. It's
the recycling symbol that's really coveted, and it has those
you know, chasing arrows in that triangular shape, and it
is now on its way out when it comes to
(00:41):
milk cartons, which is probably one of the most recycled
products that we have recycled packaging that exists.
Speaker 3 (00:48):
There was a letter.
Speaker 2 (00:51):
That Waste Management, one of the nation's largest waste companies,
letters sent to California.
Speaker 3 (00:58):
This is a California issue.
Speaker 2 (01:00):
Waste Management sent to the state that it would no
longer sort cartons out of the waste stream for recycling
at the big facility as in Sacramento. What it will
do is send those milk packages, those milk cartons straight
to the landfill.
Speaker 3 (01:18):
Now that is a very big deal.
Speaker 2 (01:20):
I mean, California is at the forefront of recycling, still is,
and the way recycling works, it's all hand done.
Speaker 3 (01:28):
It's all manual labor.
Speaker 2 (01:31):
Out of the recycling bins that people put in front
of the house is picked up by recycling trucks. It's
a separate bin that is then thrown into the center
and conveyor belts pick it up and people just literally
pick and choose. They have to pick up the stuff
that is recyclable and let the rest go. That goes
into a landfill, and then the recycling part of it
(01:53):
goes to various companies, various organizations that use that recycled material.
Well used to be that milk was part of it,
but it's just not being able to be recycled. It
really actually never was because of just how difficult it
is because beverage and food cartons, despite the fact that
(02:15):
they are paper, well they're really layers of paper and
plastic and sometimes aluminum, and this blend extends shelf life,
so it makes it really attractive for the manufacturers the companies,
but it really can't be recycled. And in California we're
(02:35):
so crazy about recycling that. Matter of fact, I literally
have two of these recycling bins in my house. One
is general recycling and the other one is paper recycling.
Where I do cartons, because everybody now does Amazon and
(02:56):
ships everything, so we have cartons up the inning. So
and it's waste management, by the way, the company that
picks up my trash, and well it used to be
and I drink milk. So those days are done. All right,
Let's take some phone calls. Marvin, Hello, Marvin, welcome. Good
(03:17):
more than yes.
Speaker 4 (03:18):
And my problem is that I actually purchased two different batteries.
Speaker 3 (03:24):
I came in and told them.
Speaker 4 (03:26):
For my boat, and there were six vote batteries I
turned in, and they inadvertently put twelve vote batteries in
my cart I installed the twelve vote batteries, not knowing
the difference, and it ended up burning up my motor.
(03:46):
I had two different mechanics come out and verified that
that is what damaged my boat.
Speaker 3 (03:53):
Okay, okay, fair enough, I'll buy that.
Speaker 2 (03:55):
So let me ask you how much the motor burned
out if you were to repair today or replaced it.
Speaker 3 (04:00):
How much mone are you talking about?
Speaker 4 (04:04):
Probably I think my bill was somewhere around twelve hundred dollars.
Speaker 2 (04:07):
Okay, So now it being said you when you said
they inadvertently, someone picked up a battery and put it in.
Speaker 3 (04:14):
Your cart, correct, yes or no batteries in okay?
Speaker 2 (04:19):
And then they wrote and then they replaced it in
the cart that you pull the cart, you put it
into the you went over to the auto repair place.
Speaker 3 (04:28):
Right, that is correct? Okay?
Speaker 4 (04:31):
On the battery, all right?
Speaker 3 (04:32):
And now all right they were confused, got it? Now
that gets interesting?
Speaker 2 (04:36):
So now my question is you does it say pretty
clearly twelve votes, twelve vote versus sixfold?
Speaker 5 (04:43):
Oh?
Speaker 6 (04:45):
Nowhere on it?
Speaker 2 (04:46):
Oh, you can't even tell what's a twelve vote? And
what's a six volt?
Speaker 4 (04:50):
Well, twelve vote has two openings to put water in,
and I guess a six volt only has one.
Speaker 3 (04:56):
That's what I oh?
Speaker 2 (04:58):
And that is the wait a second, and that is
the only difference. There isn't any kind of label or anything.
Speaker 3 (05:06):
What does What does the label say?
Speaker 5 (05:07):
It?
Speaker 3 (05:08):
Does it? Does it even give the name of the battery?
Speaker 2 (05:09):
Or is it just a battery that's a square battery
with nothing on it except to a whole or two
holes at the top.
Speaker 4 (05:16):
Yeah, it's just a bigger battery. It's bigger than a
six foot I'm not arguing.
Speaker 3 (05:20):
That is it. Just let me ask you this.
Speaker 2 (05:22):
It's just a black box with nose with basically this
with nothing on. It doesn't say battery, doesn't say the manufacturer,
doesn't say the voltage, nothing, it's just a black box. Yeah,
this is a manufacturer, okay, but it doesn't say voltage.
Speaker 3 (05:37):
It doesn't say voltage anywhere on.
Speaker 4 (05:39):
There no not that I can ever see.
Speaker 3 (05:42):
Wow, that's an interesting one.
Speaker 2 (05:43):
I can't imagine that a battery wouldn't say somewhere with
the voltage is okay, So what have you done about it?
Speaker 4 (05:51):
Well, I went to them a month ago and uh
he sets the information to his lawyers, who came back
and says is not responsible.
Speaker 3 (06:01):
Okay, that's all right, fair enough. So you assue them.
Speaker 2 (06:03):
So you take them a small claims court, and here's
your argument. You bring in you bring in the battery,
and you say you're honored. There's nothing here to indicate
it's a twelve vote or a six volt at all.
It's it's there's no signage on it or there's no
labeling it at all.
Speaker 3 (06:18):
And the only difference is one hole versus two holes
at the top.
Speaker 2 (06:23):
And if the judge says you're right, there's no way
to know which you know. I mean, I can't imagine
a manufacturer not putting even the voltage on a battery.
Speaker 3 (06:36):
I mean that one got me on that one.
Speaker 2 (06:38):
But should just argue if the judge buys you, they
put in the wrong voltage, and they're going to say, well,
this is what you asked for. Okay, that's what they're
gonna say, you asked for this battery. You go, no,
I didn't. I asked for the other battery, and they go, no,
you didn't, you asked for this one, and you I
have to effectively prove on that or more so that
(07:02):
what you say is the truth versus what they say,
because it's easy for them to say, you asked for
this battery, we put it in, and we put it
in your cart.
Speaker 6 (07:13):
Well goes, I need better.
Speaker 4 (07:15):
On my receipt is a six vote battery, but they
gave me a twelve vote battery.
Speaker 3 (07:20):
Well that helps.
Speaker 2 (07:21):
That helps, That helps, and that's part of your lawsuit.
You bring that into court. So give that a shot.
Speaker 3 (07:28):
That was kind of interesting.
Speaker 2 (07:29):
Have you ever seen a battery that doesn't have any
indication of what.
Speaker 3 (07:34):
The voltage is?
Speaker 2 (07:36):
Just basically a black box like a generic battery.
Speaker 3 (07:41):
Go figure that one out.
Speaker 2 (07:43):
This is handle on the law welcome back handle on
the law marginal legal Advice.
Speaker 6 (07:52):
Peter.
Speaker 3 (07:53):
Hello, Peter, welcome to handle on the law.
Speaker 6 (07:57):
Hey, how you doing?
Speaker 3 (07:59):
What can I do?
Speaker 6 (08:00):
Three part? I had a three part question for you,
if you don't mind. First of all, I was involved
in two automobile accidents twenty six days apart. The insurance
company rolled the first claim into the second claim and
said it was all one claim. I was insured for
two hundred and fifty thousand dollars personal injury protection on
(08:23):
each accident, as far as my policy said it specifically
said to each accident. After the accidents, they sent me
a letter detailing that that I had the two hundred
and fifty thousand dollars policy. They capped me at two
hundred and fifty thousand dollars.
Speaker 2 (08:40):
Oh wait a sec hold on how bad? Wait a minute, Peter?
How bad was this accident? I mean, how badly was
someone hurt?
Speaker 7 (08:51):
Well?
Speaker 6 (08:52):
I was. I was struck both times. I was not
at fault either time, and I received the injuries I've
had at one spinal fusion, Oh gumbo, Okay, I'm looking
at another one in amar.
Speaker 2 (09:06):
Okay, so you're the one that's banged up, all right,
So two hundred and fifty thousand dollars. I mean, you've
got some serious medical costs, all right. So they're saying
two fifty, you're saying five hundred thousand because it's two
separate accidents.
Speaker 3 (09:19):
Okay, And what is your question, Peter?
Speaker 6 (09:25):
Can I go after them for breach of contract?
Speaker 8 (09:28):
Now?
Speaker 2 (09:28):
You can only go after them for the money. You
have a lawyer in this, of course I do. Okay,
you turn it over to your lawyer and go. You
figure it out, because, believe me, the lawyer is as
motivated to get five hundred thousand dollars coverage as you
are to get five hundred thousand. If the lawyer isn't
(09:48):
aggressively going after that insurance company. I mean even to
the point where he's willing to file a lawsuit against
the insurance companies, not necessarily against the drivers who struck you,
which of course they're going to do.
Speaker 3 (10:01):
Uh, it's you've got the wrong attorney.
Speaker 6 (10:05):
Well, I have a lawsuit against the driver that struck me.
Yeah you have to. Yeah, it's gone to arbitration twice.
Two judges have told them to pay the policy they've
denied to pay.
Speaker 2 (10:18):
All right, trial, then you know what, there's nothing you do, Peter,
you go to trial. Yeah, your lawyer's gonna you've bought
yourself a trial if that's the case.
Speaker 6 (10:27):
So can I still go after the insurance company, Yeah.
Speaker 2 (10:30):
You're going to go after you. No, you're not going
to go after the insurance company. If it's their insurance company. Uh,
that's denying it. Then you're suing the driver. That's who
you're suing. And then they have to cover it. And
if they don't cover it, then it gets kind of
interesting because I've never heard of an insurance of of
(10:51):
a defendant losing the case and the insurance company saying
we don't care, we're not going to pay it.
Speaker 3 (10:58):
That is a breach.
Speaker 2 (11:00):
I mean, they'd lose their license to do business in
the state. That's ignoring a court decision by a judge
or a jury. That's a judgment that has in fact
been decided. They just can't arbitragally do that because then
you have insurance companies say, no, we're not going to
cover it. Now we're not, even though we're required by
a lot of cover it.
Speaker 3 (11:20):
No, we've just changed our minds.
Speaker 2 (11:22):
Maybe every insurance company would do that all day long,
and that's a violation of law and that's controlled by
the insurance commissioner. They'd lose their license to practice to
sell insurance policies in a heartbeat.
Speaker 3 (11:37):
So it's your lawyer tgles.
Speaker 6 (11:39):
At all, it's my insurance company.
Speaker 2 (11:42):
That it doesn't matter, It doesn't matter who you sue
if it's well, your insurance company is not going to
pay you unless you're declaring uninsured motors, which is not.
So you're just going to file a claim against your
insurance company.
Speaker 3 (11:57):
Now you've got to win against the drive.
Speaker 6 (12:01):
Isn't my insurance company responsible for the personal injury protection?
Speaker 2 (12:07):
Yeah, that's up to five thousand, that's probably up to
five thousand dollars.
Speaker 6 (12:11):
No, it's two hundred and fifty thousand.
Speaker 2 (12:13):
On medical expenses. It's under uninsured motors. Under your uninsured motorists,
you're responsible for two hundred and.
Speaker 6 (12:21):
Fifty that's no, that's not uninsured motors. That's personal injury protection.
This happened in the state of New Jersey.
Speaker 2 (12:28):
Okay, it's a little complicated, But in the end, because
I'm not familiar with the law of that, in the end,
it's your lawyer that's going to end up suing the
insurance company and saying it's five hundred thousand instead of
two fifty.
Speaker 3 (12:40):
It's that simple.
Speaker 2 (12:42):
It's it's it's basically a trial. You bought yourself a trial,
and so you do it. I'm assuming your lawyer is
willing to do that work.
Speaker 6 (12:51):
Well, yes, we're awaiting trial, okay, and then you're good.
Speaker 3 (12:54):
Then you're good.
Speaker 6 (12:55):
Against against the guy that hit me, but not with
my insurance co.
Speaker 2 (13:00):
Well, your insurance company is going to have to pay
because you've got legitimate medical expenses unless they say you're
you're at fault and we're not going to cover you.
But that's when you kick in where you pay me
come hell or high water. I haven't seen your policy,
but I think that's what's going to end up happening.
(13:20):
That was a little complicated, and I hope I understood
that correctly.
Speaker 3 (13:25):
And there's a very good chance I didn't understand any
of that.
Speaker 2 (13:28):
Uh.
Speaker 3 (13:29):
There you are, Sarah, Hello, Sarah, welcome.
Speaker 9 (13:35):
Hellow clad is it trust? I want to know how
iron clad is it? Trust?
Speaker 3 (13:40):
Okay?
Speaker 2 (13:40):
It depends on how will the trust is written. Now,
if the trust meets what the terms of the law,
it's iron clad. It's unless it is sloppily written, unless
there are holes.
Speaker 3 (13:55):
In it unless there are contradictions in it.
Speaker 2 (13:59):
Yeah, so you just want to know how iron clad
it depends on the trust. Just what's the issue here, Sarah,
what's the issue here? Why are you asking?
Speaker 9 (14:09):
Well, my mother dad recently interssed the houses to me
and my husband, but my brothers and sisters are trying
to get part of it.
Speaker 2 (14:16):
Yeah, of course they do. Yeah, that's Sarah. That's always family.
And if the if the house was owned by the trust,
and then I'm assuming that's that they met the rules
of the trust. Otherwise, if the house is not owned
by the trust, then then then the trust isn't funded.
Speaker 3 (14:33):
There's nothing there.
Speaker 2 (14:34):
But let's say it was appropriately put into the trust,
and in the trust it says it goes to you
and your husband, and that's it.
Speaker 3 (14:42):
That's ironclad. Now, of course people are.
Speaker 2 (14:46):
Going to go after it because that's what family does,
because they always go after the money.
Speaker 3 (14:52):
How much is the house worth, Sarah.
Speaker 9 (14:54):
Oh, by eight hundred thousand, All right, Well.
Speaker 3 (14:56):
That's enough to have family members go and attack it.
Speaker 2 (15:00):
And here's what ends up happening virtually all of the
time is if there is a trust that is an
ironclad trust, as you put it in other words, properly written,
properly funded, no holes in it. It's just your basic
good trust. Then they go to an attorney, let's say
(15:21):
a trust in, a state attorney, who will try to
attack the trust. If it is a good trust, no
legitimate attorney will take it. No legitimate trust and attorney
trust in, a state attorney will take it. The trust
in a state attorney will tell the family members who
are trying to get the money, hey, there's nothing here, Okay,
(15:41):
this is legitimate. Now there are a state attorneys trust
and state attorneys that sue the trust just.
Speaker 3 (15:50):
To negotiate and get nuisance value.
Speaker 2 (15:53):
Hey give us one hundred thousand dollars when you sell
the property and we'll go away right now. And so
I mean that is that's what happens. That's typically what happens.
If it's a good trust, you should be okay. And
they may file as a lawsuit okay. And if they do,
what ends up happening. If an attorney is dealing with
(16:15):
them for contingency, they're going to get a percentage, which
some lawyers do.
Speaker 3 (16:19):
There send me no money for that attorney none. The
problem is to defend it.
Speaker 2 (16:24):
The trust is going to have to spend some money.
Speaker 3 (16:28):
Yeah, you chose you don't spend the money. Yeah, I
know you.
Speaker 2 (16:33):
You don't spend You don't spend the money. The trust
does to defend itself trust, Yeah, well you have to
find that out. You got to find that out. If
the house is not in the trust, then it goes.
If the house is not in the trust, then it
goes by way of a will had in the trust,
(16:54):
then you're fined. Then you should be okay and tell
your family members to go pound sand. Congratulations having those
kind of family members.
Speaker 3 (17:02):
This is handle on the Law.
Speaker 1 (17:06):
You're listening to Bill Handle on Demand from KFI AM
six forty.
Speaker 2 (17:12):
This is handle on the Law marginal legal advice where
I tell you have absolutely no case.
Speaker 3 (17:22):
James, Hello James, So, yeah.
Speaker 7 (17:26):
Hi, I've got a I live in San Diego. I
got an orchard on my property where my house is fenced.
San Diego Gas and Electric contracts Davy Tree Service to
do brush clearing around the poles. I have two poles
on the property. I have or had a thirty year
old Macadamian nut tree there that was a very very
(17:49):
good tree, and they basically hacked it apart and left nothing,
and so I wanted them to replace it. The closest
replacement I can find is about half the size. It's
also about eleven one thousand dollars. And they're telling me
they're not going to do anything about it.
Speaker 3 (18:03):
Of course they're not.
Speaker 2 (18:04):
They're saying they're not going to do anything about it.
You know, I mean, welcome to bureaucracies. So this gets
easy that they're responsible for it. You first of all,
you sue both the county or the city as well
as the Tree Service. Now you have to let the
city know within six months that you are going to
(18:27):
you make a claim instantly to the city for the value.
Speaker 7 (18:30):
It's not the city, it's stg.
Speaker 3 (18:33):
And it doesn't matter. So it's still a quasei quasi.
Speaker 2 (18:38):
Municipal. It's considered a municipal authority. So you're find you
make a claim against them, they're going to say no.
You make a formal claim against them, and they're going
to say no, and then you assue them.
Speaker 3 (18:50):
That's it. You assue them.
Speaker 2 (18:52):
You see both the Tree Service and them, and you
get a date and you're going to take it to court.
That's easy, and you go here. It is all you
have to do is if they did it. No, I
have to prove is the value of the tree? Now
they have to replace the tree and pay for it.
The problem is there's no way that you can replace
it because there's no tree that size. You can't buy
(19:16):
a full grown, mature macadamia tree out there. I'm assuming
you can't.
Speaker 7 (19:21):
No, you can't. Okay, you can buy half size one
in their very much sensive. But what do I ask for?
I mean the planting will involve a tractor, and you know, yeah.
Speaker 3 (19:29):
You ask for all of it. You ask for all
of it. You ask for all of it. You asked
for all the planting.
Speaker 7 (19:35):
I would have the problem.
Speaker 3 (19:37):
Then, Yeah.
Speaker 2 (19:37):
The problem is is that small claims court where you're
going to go is ten thousand dollars.
Speaker 3 (19:44):
That's all you gotta get. Now, if you want to get.
Speaker 2 (19:47):
The value of the tree, let them figure out that it's.
Speaker 3 (19:54):
Well, let me ask you. Let me go the take
the other side.
Speaker 2 (19:56):
Can you get a nursery to say the value of
the tree was twenty thousand dollars?
Speaker 7 (20:01):
Yes, I already have yes, Okay.
Speaker 3 (20:03):
So that's your damage twenty thousand dollars. That's it. That's
your damage.
Speaker 2 (20:09):
Twenty thousand dollars and you want to leave alone when
they say, hey, you can't get a tree, and the
best you can only do is eleven thousand dollars, and
that's what we're responsible for because it is physically impossible
to replace that tree. And you're gonna argue, that's a
twenty thousand dollars tree, and I'm gonna get half of
a tree, but you owe me the full amount, and
(20:33):
the replacement has nothing to do with it.
Speaker 3 (20:36):
And so you're.
Speaker 2 (20:36):
Gonna get the cost of taking out the stump, the
cost of buying the tree, bringing in the crane, because
I had to replace an olive tree once. God, those
are expensive. And it was the worst fault. There was
a leak going through underneath with some pipe and it
just soaked everything. And you can't have two years of
soaking an olive tree a root without a going south.
(20:57):
But man, it was like the tree and it was
big and it was ten thousand dollars and they take forever,
and it took a crane and all of that, and
so those are your damages.
Speaker 5 (21:08):
Now.
Speaker 2 (21:08):
Anything above ten thousand dollars, you either wave saying okay,
I'm only ten, or if it's enough you have to
go into Superior Court.
Speaker 3 (21:19):
And you're gonna have and they're gonna have it.
Speaker 7 (21:20):
Because I didn't want to go ahead, No, you go ahead.
Oh I'm sorry, That's what I was trying to avoid.
I'd rather just they take it.
Speaker 3 (21:29):
Than sup for the ten. Do it and then sue
for the ten. That's it, soup for ten thousand dollars.
Speaker 2 (21:35):
And then you walk into court and you claim these
are my damages and they're way over ten thousand dollars
and that's your claim.
Speaker 7 (21:44):
You sound like this will fly? Or am I wasting
my time?
Speaker 8 (21:46):
No?
Speaker 2 (21:47):
No, I think it's gonna fly. You come in with
enough proof. I think you're gonna be okay. You show
them that they destroyed it. You prove that, you show
the uh what it's going to cost you to replace it.
Then you can just play a replace and it's only
going to be half the size. So already you've been
damaged and it's going to cost the crane, et cetera.
(22:07):
And there your damages. I mean, it's far greater than
ten thousand dollars. And I don't know what they're gonna say,
we didn't do it.
Speaker 3 (22:15):
It isn't eleven thousand dollars to place a tree. Okay,
I don't know what their.
Speaker 7 (22:21):
Defense is, all right, and this was like a month
and a half ago.
Speaker 2 (22:25):
It's you've got, you've got, You've got a couple of years.
Speaker 3 (22:29):
You have a couple of years to do it. So
I wouldn't worry about that, Dan or Dean, Hello, Dean, welcome.
Speaker 9 (22:37):
Hi Bill.
Speaker 5 (22:39):
A dog bite case where the dog bit me on
the face, okay, And I went yeah, and I went
through your network and they referred me to the lawyers.
This all happened in Pennsylvania, and so I got a
hold of a lawyer there and through all the month
found out that, well, the owner who's renting his house
(23:00):
does not have homeowners insurance or rental insurance.
Speaker 6 (23:03):
Yeah, okay, So the.
Speaker 5 (23:06):
Lawyer's thinking that we don't, we can't get any recovery.
Speaker 3 (23:10):
Out of it, right, But I can see that.
Speaker 5 (23:12):
What's your question, Well, the question is I was basically
on the job but not being paid because it was
a truck driving job where you get a mentor to
show you the ropes on the road. And so we
stopped by his house to visit his family and then
continue on with our arm work. So I wasn't on
(23:33):
the clock, but the company I work for refuses to
even acknowledge any connection because it.
Speaker 3 (23:41):
Was okay, well here you know, and I can see that.
Speaker 2 (23:43):
I can see the company saying, okay, you were on
the job, but then you stopped and you went to
visit you know someone and not. But then again, let's
say you're going to lunch and you say, hey, I'm
not entitled to lunch, and therefore I'm not on the clock.
Speaker 3 (23:59):
So I can see both sides.
Speaker 2 (24:02):
I would argue that the company is responsible, but no
lawyer is going to take personal injury. Lawyers probably aren't
going to take that because that's a work comp case.
If you were a bit now you can sue the
dog owner, Okay, that you can do, But there's no
insurance there, right, and so where is the lawyer going
(24:25):
to make the money?
Speaker 3 (24:27):
True?
Speaker 2 (24:28):
And that's the problem you have. So uh, if there
is no insurance on that side, all you have is
against the company. And you want to talk to a
work comp attorney in uh? In uh?
Speaker 3 (24:40):
Where was this Pennsylvania?
Speaker 5 (24:43):
Pennsylvania?
Speaker 3 (24:44):
Yeah, you want to.
Speaker 2 (24:44):
Talk to work comp attorney in Pennsylvania. That's who you
have to talk to, not a personal injury lawyer. So
at this point, because of that, yeah, you're you're with
the wrong lawyer. I mean, the lawyer looked and he says,
there's no money there, thank you.
Speaker 5 (24:58):
Yeah, low hanging Yeah, it's.
Speaker 3 (25:01):
Not even low hanging fruit, Dean. It's not even a
question of low hanging fruit.
Speaker 2 (25:05):
Let's say you're a contractor, right and the customer has
no money?
Speaker 3 (25:10):
Are you going to do the work?
Speaker 9 (25:13):
No?
Speaker 2 (25:14):
Exactly, And low hanging fruit means wow, You'll get all
the jobs you want for no money. So it's a
work comcase, is what it is. This is handle on
the law. This is handle on the law. Marginal legal advice.
Hello David, welcome.
Speaker 10 (25:36):
Yes, sir, I've got I've lived on a tennaker farm
and I've lived there since nineteen eighty one. And it
was my great aunt and uncles and they the last
one died in nineteen seventy seven. On the indeed, it
does have my mom's name. She had a brother and
(25:58):
a sister, and I have lived there since nineteen eighty one.
Speaker 11 (26:02):
I've played all the property tax I've taken care of
the property, taken care of the house, or models the house,
updated it several times. Can I take this project court.
Speaker 3 (26:13):
Well, hold on, hang on, I'm assuming there's no will.
Speaker 5 (26:17):
I mean, you're where are you, David, I'm in Tennessee.
Speaker 3 (26:21):
Got it a wall a shocker.
Speaker 2 (26:22):
I never would have guessed because you sound like you're
from the East coast with a hobbed accent. Okay, all right,
so uh there is no will? Is that correct?
Speaker 10 (26:34):
Correct?
Speaker 3 (26:35):
Okay?
Speaker 2 (26:35):
And now are you the only child or do you
how are their other kids?
Speaker 11 (26:41):
I've got a brother, but he's willing to I've lived
there so long he.
Speaker 10 (26:47):
Has no answers to it.
Speaker 2 (26:48):
Good for him, by the way, Good for him because
he's being at the goal because he has a right
to half of it. I'm assuming that Tennessee law is
the same as it is out here, because virtually inheritance
laws are the same. And what happens is parents die, Okay,
the last owner of the house dies. Then it goes down.
(27:11):
It goes by way of intestacy. No will, first kids, well,
first surviving spouse and kids. That's the way it is
in California, and you can look it up. If there
is no surviving spouse, then it goes down to the children,
not the uncle, not the brothers, The kids and so
(27:31):
it should be. I mean, you definitely want to get
a probate attorney because you want to transfer the property
to actually both you and your brother, and at the
same time, your brother transfers his portion to you, so
you own the property. I would do the same thing,
by the way, if you're my brother and you've paid
it for it for a bunch of years, and you've
(27:52):
maintained it and effectively you did all the work, you know,
I would ethically say no, actually I would, and David,
I'd go half of my house.
Speaker 3 (28:02):
You'd go pound sand Yeah, but that's me.
Speaker 2 (28:06):
In the meantime, you should be okay, but you can
call a I'd call a probate attorney and just asked
that question. I think you're going to be fine. And
then the procedure is you've got to transfer the property
into your name, because right now it's your who was
the last surviving spouse, your mom or your dad.
Speaker 3 (28:25):
I forgot.
Speaker 11 (28:28):
My mom died.
Speaker 5 (28:31):
Seven years ago, okay.
Speaker 3 (28:33):
And your dad had already died.
Speaker 11 (28:36):
Yes, he died twenty years ago.
Speaker 2 (28:38):
Okay, So the property reverted her. You know, the property
could still be in both their names. You pull title,
and I wouldn't be surprised if the property was not
in your mom and dad's name, because I'm sure your
mom just lived there. No one is going to try
to kick her out, and then when she dies, you
(29:01):
move in. You're paying the taxes, so certainly the county,
the state doesn't care. I mean, as long as it's
being paid. I mean, it's up to you to do
the transfer. They don't give a damn as long as
and if there's a mortgage, as long as a mortgage
company is being paid.
Speaker 3 (29:15):
So it's up to you to do the transfer.
Speaker 2 (29:18):
And that's easy, and you may want to go to
a probate attorney, but it's not going to cost you
very much. I mean, you and your brother owned the property,
and your brother's willing to give it to you.
Speaker 3 (29:28):
You're going to be fine, okay, all right?
Speaker 2 (29:31):
And if you have and if uncle and cousins wherever
go after it, you know what, you tell them to
go pound sand. And you guys all have shotguns down
there anyways, don't you.
Speaker 3 (29:43):
Of course you do. That's Tennessee. You know they go
hunting for squirrels and whatever the hell else they do
down there. Hey, Lucy, you welcome to handle on the law.
Speaker 5 (29:55):
Yes.
Speaker 2 (29:55):
So.
Speaker 8 (29:56):
Twenty five years ago I worked as a tutor in
a school district. One of my assignments was to help
a group of students developed stories, do their own illustrations
and book covers, et cetera. These stories were submitted to
the district for a story writing competition. One of the
(30:18):
stories one first place, and it was display all over
the district. About two to three years later, the story
was replicated in a movie, same storyline, even the same name.
(30:39):
We have never received any royal story a king.
Speaker 3 (30:42):
All right, Lucy, Now, students wrote this or did you
write it?
Speaker 6 (30:47):
Wrote?
Speaker 8 (30:48):
No, I helped the student develop the story.
Speaker 3 (30:52):
And how do you prove that.
Speaker 2 (30:54):
How do you prove that, five years ago you help
the student develop the story.
Speaker 3 (30:58):
How do you prove that?
Speaker 8 (31:00):
Well, I was in the group and she won first place.
Speaker 3 (31:03):
I understand, No, I understand.
Speaker 2 (31:05):
How do you prove that it was you developed the
story with her that you're entitled to at least half
of the royalties if there were any How do you
prove that?
Speaker 8 (31:17):
She would have to testify that that's what happened.
Speaker 3 (31:20):
That's correct.
Speaker 2 (31:20):
Now, you would have to say it was Lucy who
came up with the idea.
Speaker 3 (31:25):
Thirty years ago.
Speaker 2 (31:29):
And why didn't you file a lawsuit two years after
the fact. Why did you file a lawsuit twenty eight
years ago when it was made into a movie.
Speaker 8 (31:39):
Because I didn't understand, I didn't know nothing about the law.
Speaker 3 (31:43):
Was very nice, Lucy. Perhaps, Yeah, Lucy, it doesn't work
that way.
Speaker 2 (31:48):
First of all, proving that it was your idea, proving
that it was only your idea, or you worked with
her and there couldn't be anybody else. I was, for example, Apple,
the rights bought by the movie company. Did anybody receive royalties?
Probably not. So they came up with this movie. They're
(32:10):
gonna say, we came up with this independently. Uh, it
is is word for word? Is how how general the
idea is? Or is it specific? I mean really specific?
Speaker 3 (32:23):
Where you can argue they took on idea.
Speaker 8 (32:27):
Mister handle if you saw the story and the movie
and compare them, they're almost identical.
Speaker 3 (32:33):
Yeah, but you can't.
Speaker 2 (32:34):
But Lucy, you can't prove that even was your idea.
Speaker 8 (32:39):
The STUDI, even if I don't get any royalties, is
the is the student entitled I've lost No?
Speaker 3 (32:47):
No?
Speaker 2 (32:48):
Not it was a published work. No, Now that doesn't work.
Speaker 3 (32:53):
That way.
Speaker 2 (32:53):
I mean, I've had plenty of ideas that have turned
into movies and I can't install that.
Speaker 3 (32:59):
Uh, that doesn't that doesn't work.
Speaker 2 (33:02):
All right, Before we take a break, let me tell
you about handle on the Law dot Com. As I
tell people, when you do need a lawyer, and you
don't have to pay for a lawyer. In personal injury cases,
it's always contingency, which means that any money that is
either settled or goes to court, that goes to you,
the lawyer merely takes a percentage of. And there are
(33:25):
a lot of lawyers out there that specialize that do
personal injury. I mean, look at those billboards out there,
listen to the commercials here on KFI, look at the
print ads. Well, how do you know which ones are good?
I mean, you don't, bottom line. And so this is
why I created handle on the Law dot Com. Some
of them, by the way, are excellent, but you don't know.
(33:45):
Handle on the Law dot Com is a referral service
that tells you about lawyers who are good and they
are vetted, and if there's a problem, I make the
phone call to the lawyer. So that's why I'm suggesting
if you've been injured, either in a car accident, a
motorcycle accident, maybe a slip and fall, and it's not
(34:08):
your fault. Let me suggest you contact Handle on the
law dot com. Handle on the law dot com. This
is Handle on the Law. You've been listening to the
Bill Handle Show. Catch my show Monday through Friday, six
am to nine am, and anytime on demand on the
iHeartRadio app.
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