December 27, 2025 • 37 mins
Handel on the Law. Marginal Legal Replay.
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Speaker 1 (00:00):
You're list Saints KFI AM six forty. The bill handles
show on demand on the iHeartRadio f This is handle
on the law marginal legal advice where I tell you
have absolutely no case. Well, there is a case now
(00:21):
that has been decided by a San Diego federal judge
ruling in a class action lawsuit, which of course is
going to be appealed. But as of now, and this
would be in San Diego, but this is a class action,
so it goes across the board. Parents have a constitutional
right to be informed if their child starts to present
(00:42):
as a different gender at school. Now, this is an
interesting legal situation because normally you would think that parents
have to be told of any medical issue with a kid.
For example, the abortion issue is huge that by law,
the school cannot tell parents if the young actually even
(01:06):
a fourteen or fifteen year old girl in junior high
school is having an abortion. Can't share that information. And
that has now been shot down when it comes to
when it comes to the school informing parents about presenting
as a different gender. A fifty two page decision, this
(01:28):
Judge Roger Benitez rule that parents have the absolute right
to know and what it does is It bans public
school employees from misleading parents a child's gender presentation at school.
Speaker 2 (01:41):
In other words, if you have a boy who is now.
Speaker 1 (01:47):
Revealing as a girl, who now wants to be called
a different pronoun, who wants to wear clothing, who wants
to go into the girl's restroom, parents have to be notified.
Also bars employees from calling students by names or pronouns
pronouns that don't match their legal ones. If the parents subject, now,
(02:13):
is it a nickname? Let's say I'm a male and
I'm Charlie, okay, or I'm Charles, and then I want
to become Betty that's my nickname. Nope, school won't do it,
and parents have to be informed. It's a real touchy
issue where we're going with this, and the pendulum has
(02:34):
swung big time. This was viewed as part of LBGTQ
rights in terms of changing genders and transitioning, and it
was moving with California at the lead, of course, moving
in direction to expand those rights, and now we have
the Trump administration is going the other way. Where the
(02:56):
bottom line is, if you're born male, you are a
mail for the rest of your life. Doesn't matter what
you do. Doesn't matter about surgery nothing. You are a
male and that's what the federal government has just done
in terms of passports. They don't care. It's who you
are on that birth certificate. All right, let's take some
(03:16):
phone calls.
Speaker 3 (03:18):
Hello, Angie, Hi, I went to a dealer to buy
a car and they tucked me into lissing a car because.
Speaker 4 (03:32):
They asked me how many months I draw. So you
know that's not the issue.
Speaker 5 (03:38):
But I just wanted to start with that.
Speaker 6 (03:40):
I leased a car and I wanted to ask you
if they added features that they list on the stick
the windowsticker, if you are obligated to buy those and
uh no.
Speaker 1 (03:57):
No, listen, hold on a minute. You the contract says
what you get. Okay, this is what I get. This
is what I get.
Speaker 2 (04:05):
This is what I get.
Speaker 7 (04:08):
Yeah, the contract.
Speaker 4 (04:09):
They never mentioned to me that I had an option
and it was supposed to be in the contract. I
think that these are option features.
Speaker 1 (04:19):
They never.
Speaker 8 (04:22):
Know what.
Speaker 1 (04:23):
I've never heard of a contract that says these are
the option features you can have. I mean, I've leased
and bought a bunch of cars. All it says is
this is what you are getting.
Speaker 2 (04:34):
Uh, so you're let me. Let me get this right.
Speaker 1 (04:37):
You're saying, uh that the features were on that sticker
on the window, and they didn't tell you you could
have those, and they didn't get me.
Speaker 7 (04:48):
They didn't tell me if I had an option to
buy them.
Speaker 1 (04:51):
They all, right, let me ask you this, okay, Angie.
What happens when they say we never said that, Well.
Speaker 7 (05:01):
It should be in the contract.
Speaker 1 (05:02):
All yeah, Look, it is in the contract. What you
bought is in the contract. And you're arguing I should
have also gotten ABC DNE and it was a verbal
conversation that you had, and they're saying, no, it wasn't. Okay, okay.
Speaker 7 (05:21):
The other thing is the contract was supposed to be
eight pages.
Speaker 4 (05:26):
When I got home and I read everything, all the
fine print, and they only.
Speaker 7 (05:31):
Gave me five pages.
Speaker 1 (05:33):
Okay, and did you hold on? And I okay, and
just curious. Do you know what's on the other three pages?
I don't, okay. Usually you sign at the okay, So
how do you know it's eight pages? Is to say
at the bottom one of eight, two of eight, three
of eight.
Speaker 7 (05:53):
No it does not. But in the front page it
says make sure to read in detail all the A pages.
Speaker 1 (06:02):
Okay, okay, okay. Then did you say I need the
other three pages?
Speaker 2 (06:08):
Please?
Speaker 7 (06:10):
I did, They've given me.
Speaker 1 (06:11):
Then then you say no, even wait a second, Angie.
With that being said, I want the other three pages,
they don't give you the other three pages, and you
still sign the contract. Do I have that right?
Speaker 7 (06:27):
No, this is after the fact.
Speaker 1 (06:31):
Wait a minute, Okay, you're okay, okay. Once again, Angie,
I'm getting so confused with all of these calls today.
All right, let's go from the beginning. It says on
the contract, read carefully all eight pages. You got five pages,
and you're saying, and then you signed it.
Speaker 7 (06:51):
Correct, I didn't read that fine sprint.
Speaker 1 (06:56):
Oh okay, now all right, got it? And it says
please read all eight pages. Okay, Well, I got news
for you. There are contracts that I have signed that
I didn't read the fine print, and I wanted to sue.
And you know what they said, read the contract. That's
what controls nothing verbal. It's the contract. How big was
(07:20):
the print? How big was the print that says read
all eight pages?
Speaker 7 (07:25):
Oh my god? Very small.
Speaker 6 (07:28):
And the thing is that the guy in the finance
department was flipping the screen back.
Speaker 1 (07:35):
You know, top and bottom, and back Angie when he
does that, Hey, at what point, at what point do
you say, I'm not signing this because you guys are
doing just you're screwing me around?
Speaker 2 (07:45):
When do you do that?
Speaker 7 (07:47):
Yeah?
Speaker 1 (07:48):
I know, what point do you say something is not
kosher in Denmark? Here?
Speaker 7 (07:53):
Well, I got some things and I did, I did
tell all right, So what.
Speaker 1 (07:57):
Do you want to So what do you want to do?
What are you looking for?
Speaker 7 (08:00):
My what is my recourse?
Speaker 1 (08:02):
There is no there is none. This is handle on
the law and welcome back. And it's handle on the law.
Marginal legal advice. Robert, you're up. Welcome to handle on
the law, Robert, Hi will Yes.
Speaker 5 (08:24):
My question to you is going to be I need
to get a lawyer. I am having issues with my
with my neighbor. Last last summer, I had a water leak.
I'm sorry, I'm on in the street, okay. And so
(08:44):
I had a water leak. And my modern mainline is
on their on their side of the about two feet in,
no more than two feet in. I told her that
I was having a plumber coming. I gave her about
three days notice and we text back and forth, and
that when I told her I had a plumber coming,
she stopped replying. So I just thought maybe on on Friday,
(09:07):
the day that would come, they see all the work
I'm doing, They're going to say, okay, we'll turn it off,
we'll we'll help you out. So that day came, my
plumber did all the work, dugged up everything I needed
to to find where the leak is at. Couldn't find
it all right.
Speaker 1 (09:21):
Hang on him minute, wha, Robert, Now he went on
her property to find the water league is that correct?
Speaker 5 (09:31):
Not yet? At this point? That was I dug up
all my property without where mine and they waiting no leak.
So so yes, then I did before going to her property.
I did call her. I did text her. I actually
went knock in the door. She has a ring. I guess.
She ignored everything and she took off. She didn't want
to deal with me, so we were already in the
middle of eighting. So I did jump over and I
(09:51):
did access to property. So now because of that, she's
taking me to court for a while.
Speaker 1 (09:58):
She's taking you to court for what.
Speaker 5 (10:01):
Okay, I know, I know what.
Speaker 1 (10:03):
She's taking you to court for. What, Robert, what is
she asking for?
Speaker 5 (10:09):
She's asking what? At this point she says she's gonna
to the fullest extent whatever that means.
Speaker 1 (10:15):
I don't know what the fullest extent means. But what
is she asking for? Neither does she want money? I
mean if you've been sued, have you been sued yet?
Speaker 5 (10:23):
She sent me an email saying that.
Speaker 2 (10:25):
That means Yeah, that means nothing. Wait till you get sued.
Speaker 1 (10:27):
She sent you an email and saying I'm going to
go to the full extent of the law. What does
she want in the email?
Speaker 5 (10:32):
She was asking at the beginning she email, she was
asking for three five for what for? What? I don't
get it either, She Okay.
Speaker 1 (10:40):
Then you ignore it. Then you ignore it. And here's
the other thing. You call the uh, you call the
the water company, the utility, water and power company, and
if it's a main they will deal with it. And
it may not be because it's on her property. And
if I get a letter from the plumber and attach
(11:03):
it to your email, we'll get an email from the plumber,
attach it, send it to her and saying I'll tell
you where the lawsuit is. The lawsuit is me against you,
because if the leak is coming from your property, which
my plumber thinks it is, and you're not letting me
fix it, or you are not fixing it. All the
damage that that occurs or that causes my property, you
(11:26):
are going to be responsible for. You throw it right
back at her. But instead of asking for money, thirty
five hundred dollars for what, I don't even know where
she came up with thirty five hundred dollars because I'm
still trying to figure out what you did wrong, other
than go on her property to find out if it's
a leak. So did you dig up part of her property?
Was part of Is there a hole on her property?
(11:47):
Because the plumber went there?
Speaker 5 (11:50):
Yeah, so the plumber did to dig in on herself.
Speaker 1 (11:52):
Okay, all right, So the plumber found there was no leak.
Wait a second, he did was there a leak on
her property? Was there a leak coming from hers?
Speaker 5 (12:00):
The leak was coming from her from under the wall
on her side.
Speaker 1 (12:04):
Okay. And and your plumber and your plumber went over
there to look at it, correct, and dug up the
yard on her side? Correct? Yes? Okay? And she wants
thirty five hundred dollars for that? Yes, I know, Okay, Fine,
I'm surprised she's not asking for three and a half
million dollars, you might as well. You came over to
my property, you dug it up, and I assume the
(12:25):
dirt is back on. Correct?
Speaker 5 (12:27):
Yes, everything fine?
Speaker 1 (12:29):
And so okay, all right, So there's thirty five hundred.
I would ride her back and say, why only thirty
five hundred? If I were you, I'd assume me for
for thirty five million?
Speaker 8 (12:37):
Why not?
Speaker 1 (12:40):
So at this point, you've got to let her know
that if the leak is coming from her property, then
she is responsible for all the damage to your property.
But let me ask you a question. If your plumber
says it's not on your property and it's not coming
from her property, where's the leak coming from my Yeah? No,
(13:01):
If he went over and found no leak on her
property and no leak on your property, no leak from
the pipes, where is the leak coming from?
Speaker 5 (13:10):
Oh it was, it was on her side of the property,
but under of course it's in the ground on her.
Speaker 2 (13:14):
Okay, did it?
Speaker 1 (13:14):
But did he do? I'm confused? Now? Did he dig
it up?
Speaker 5 (13:18):
Yeah?
Speaker 1 (13:19):
Yeah, okay, and he didn't find a leak? Correct? Did
he find a leak?
Speaker 5 (13:22):
Yes, we did. We found a leak and fixed it
it fixed already.
Speaker 1 (13:25):
Oh you already fixed her leak. So you fixed her leak,
so now there's no damage, that there's no leak, and
she wants thirty five hundred dollars.
Speaker 5 (13:33):
Because I went over with all.
Speaker 1 (13:34):
Oh she's crazy, Yeah, she's she's crazy. You repaired her late.
Matter of fact, i'd sue her for the plumber repairing
her leak. Yeah, come on, you know it's just I mean,
she said, reason the letter, then the letter take you
to court? What do you care you're gonna win?
Speaker 5 (13:49):
I have no, I have no poem with it. I
was just saying, do I need a lawyer for No, it's.
Speaker 1 (13:52):
Going to be a small claims court matter. No, you
don't need a lawyer. No, you're fine, You're fine, not
a problem at all. Jill Becky, Hello, Becky, welcome.
Speaker 5 (14:05):
Thank you.
Speaker 9 (14:06):
Yeah, I'm on a bike.
Speaker 8 (14:09):
Can you hear me?
Speaker 9 (14:09):
Okay?
Speaker 1 (14:10):
Yeah? Actually can okay?
Speaker 5 (14:13):
I live in Ventura County in.
Speaker 9 (14:15):
A fifty five plus community. We have a private water company.
We pay ten dollars a month just to rent the meter.
And that's fine, okay, no problem. But now that water
company has started charging twenty dollars a month for administrative's feet.
Speaker 8 (14:40):
Is that legal?
Speaker 1 (14:40):
Sure, it's a private company. They can charge whatever the
hell they want, unless unless they are regulated by the
Public Utilities Commission, which I think they may be. So
call a PUC, call a pu see and said, is
this allowed? Is it in violation of whatever administrated decision
the PUC makes? But keep in mind it's a private company.
(15:02):
So switch switch companies?
Speaker 9 (15:05):
We can't, we can't.
Speaker 5 (15:07):
It's when you're in a condo unit.
Speaker 8 (15:09):
They own the meters.
Speaker 2 (15:10):
Who owns the meters?
Speaker 9 (15:13):
That meter company?
Speaker 1 (15:14):
Okay, and you can't go so they own the meters.
A meter company won't come in and switch out meters
a new one. And I don't know the answer. Yeah,
I don't know the answer. I don't know the answer.
And I would think that the board is really angry
at this and they're not here.
Speaker 9 (15:28):
Well, they'll no one even notice because people know.
Speaker 1 (15:32):
Okay, well, okay, you bring it up. Okay, good, you
bring it up to the board. And there are two
issues here. One, I don't know if they're allowed to
do that because your question, is that legal? Well, I mean,
it's a private company. They can do whatever they want.
I mean, when people know, is it illegal it's not
against public policy or anything. However, is there a limitation
under the Public Utilities Commission which regulates all utilities?
Speaker 2 (15:55):
And I'm assuming this falls.
Speaker 1 (15:56):
Under the utility And two can you switch out the
meter and simply get another company? And will they put
in free meters? And I don't know the answer. So
those are the choices you have.
Speaker 2 (16:07):
And by the way, you're riding a bike. How old
are you?
Speaker 9 (16:12):
I'm seventy four.
Speaker 7 (16:13):
I just swam an hour wow, and while I.
Speaker 1 (16:15):
Was on hold.
Speaker 8 (16:16):
While I was on hold, I did eight.
Speaker 9 (16:18):
Miles of my twelve mile micro Wow.
Speaker 2 (16:21):
Good for you. That's impressive. I have to tell you.
Speaker 1 (16:24):
That is impressive. All of a sudden, I care about
your water. I mean before you said that, I kind
of drug.
Speaker 5 (16:28):
Yeah, I couldn't.
Speaker 1 (16:29):
I couldn't care less about your water.
Speaker 2 (16:31):
That's good.
Speaker 4 (16:31):
Wall.
Speaker 1 (16:32):
That's impressive. Seventy four years old and doing that hour
swim or a two hour swim and then a twenty
five mile bike rider. Where the hell she did?
Speaker 5 (16:42):
Yeah?
Speaker 1 (16:42):
Ultra marathon, Yeah, I love it. I just saw a
documentary about it. There's an ultra marathon at least the
hardest race in the world is who the Sahara Desert, Morocco,
and people actually run it, and I mean it is bad.
I mean it's like it's crazy. It's days and days.
(17:02):
And there was like a lady in her seventies running it.
Now she didn't make it, but most people don't and
then they have the ambulances that come with it. I mean,
it's really interesting stuff. This is Handle on the Law.
You're listening to Bill Handle on Demand from KFI AM
six forty. Welcome back Handle on the Law. Bill Handle
(17:25):
here Marginal Legal Advice. Hi Anita, welcome.
Speaker 10 (17:29):
Hello, Yes, so happy to get through. My problem is
my vision. Well, that's one of my problems. I have
had cataract surgery and I don't know what they did.
They kept telling me, well, wait and see, we'll see
(17:52):
if it gets better. But I went from having mild
cataracts because I'm a realtor and I was having trouble
reading street signs and they were just mild. But they
also did some snipping and cutting and stitching to get
(18:15):
the fluid level down. But I found out later from
requesting my blood work from the lab core that they
my blood sugar then was twelve point nine and they
shouldn't have done the surgery at all. Oh okay, now
I cannot read.
Speaker 1 (18:36):
All right, Anita, that's a good case. You have a
decent you have. Yeah. Yeah, based on what you say,
that's a medical malpractice case. If they performed eye surgery
on you and there was a test that was done
in terms of which, of course, they do the glaucoma test,
(18:57):
and I mean they test the hell out of your eyes,
which they have to. And if they missed a test
and you're now more blind, you got them, Anita, you
have you know, And I don't know if they can
straighten it out. I mean, you're certainly not going to
go to the same ophthalmologist, but I don't know if
you can straighten it out.
Speaker 2 (19:15):
I don't know if it's permanent damage. I'm hoping not.
Speaker 10 (19:18):
How old are you, by the way, Anita, seventy eight?
Speaker 1 (19:22):
Okay, and you're still working.
Speaker 10 (19:27):
I have a referral real estate license.
Speaker 1 (19:30):
Oh I don't know what that means, but okay, yeah,
things I get paid if I give a referral app. Well,
you need you need a license for that.
Speaker 2 (19:39):
Yes, I didn't know that.
Speaker 1 (19:41):
In any case, I want you to talk to a
medical malpractice attorney and you can go to handle on
the law dot com because we have medmal attorneys on
the website Handle on the law dot com. And I
know you can't see the computer. Maybe someone's going to
do it for you. And how blind are you?
Speaker 10 (20:04):
They cannot make my dis division better? It's not even
as good as it was before.
Speaker 1 (20:11):
Right now, I'm not Yes, I understand that you had
said that how blind are you? Is what I'm asking, Anita.
Speaker 10 (20:18):
Well, let's see, I have a hard time unless I
know what it is seeing up eating scrambled eggs, mac
and cheese or mashed potatoes.
Speaker 1 (20:28):
Okay, so here's the way I here's how I determine Yeah,
here's the way I determined blindness. Okay, using a seeing
eye dog as sort of mid grounds. So you're seeing
eye dog minus or seeing eye dog plus. And I'm assuming,
(20:49):
based on what you said, it's seeing eye dog minus,
which is better than plus.
Speaker 2 (20:53):
You get that, but.
Speaker 1 (20:55):
It's it's still a yeah. No, it's still a good case.
And we are you driving before? Anita?
Speaker 5 (21:02):
Oh?
Speaker 1 (21:03):
Sure, yeah, yeah that's the case, Anita. You have no
you have a good case. So go to handle on
the law dot com and talk to one of our
medical malpractice attorneys.
Speaker 10 (21:13):
I think, yeah, I don't know if this would be
the same mail practice thing. But my husband died in
twenty fifteen, and he shouldn't have because I left the
letters and notes posted on his bulletin boards to cancel
(21:34):
on a Monday a procedure to drain the fluid from
his lungs because I thought he was way too weak.
And his other infectious disease doctor said, he doesn't need it,
that's not his problem, and they had a cancelation and
they did it anyway on Saturday.
Speaker 1 (21:53):
Who canceled it?
Speaker 10 (21:54):
You canceled it, No, I canceled the Monday or okay, Well.
Speaker 1 (22:00):
It doesn't matter. I mean, I mean it doesn't matter
for two reasons. One statutal limitations is gone. Number two
is because you any part of a medical determination that
you made he needs it, he doesn't need it. Nobody
cares because you are not a doctor. I mean, it's
going to be a doctor and make that decision. But
it doesn't matter because the statutal limitations had passed, which
(22:23):
is shame because if you bring a medical malpractice two cases,
you get a discount.
Speaker 2 (22:29):
You're not going to get two for the price of one.
Speaker 1 (22:31):
But unless you bring if you bring three, maybe you
get one free if you bring three, so we only
pay for two. I don't know how it works in
terms of the discount, but there's no case there with your.
Speaker 10 (22:48):
I did contact an the attorney, and I did get
all his records and I had everything ready, and then
I came home from California to Pennsylvania where I was
living then, and I caught a rare children's human metanoma
pneumonia virus.
Speaker 1 (23:09):
No, that's great. I mean, by the way, if this
is pencil, is this Pennsylvania where this happened with your husband?
Is it Pennsylvania? Have we lost in Nina? I guess
we have. And the reason I asked, if it's Pennsylvania,
(23:29):
then that's where the medical malpractice suit has to be
filed and in Pennsylvania, and different states are different rules
for in this case.
Speaker 2 (23:39):
I'm sure there's a statute issue.
Speaker 1 (23:41):
But if someone is sick who has the wrongful case
and there is an illness of some kind, that doesn't
allow him or her to go forward with a lawyer
because you're in bed and you're sort of out of
your mind or whatever, that may toll the statute which
means that may hold off the statute. For example, if
I can sue you and it's a three year stature.
(24:03):
If you go overseas and I can't get hold of you,
that tolls the statue.
Speaker 2 (24:07):
Which means that it's just been extended.
Speaker 1 (24:11):
Norman, Hi, Norman, welcome, Yeah, Hi, Bill.
Speaker 11 (24:15):
Look, I got a question. It's a trust in an
estate a question. And here's a question, Bill. My sister
wants to buy my dad's house. Dad passed away six
years ago. It's worth about seven hundred thousand dollars. She
already owns a home.
Speaker 1 (24:32):
Hang on, a single woman who owns a house. Wait, wait,
let me ask you a couple questions or I can
answer the trust. Okay, the trust owns the home.
Speaker 8 (24:41):
Yes, I'm the trustee.
Speaker 1 (24:42):
Okay, got it.
Speaker 11 (24:45):
Okay, So anyway, she wants to sell her Inglewood home
move to daddy's home. But she's wondering, how does the
the Jarvis tax How would it help her buying Daddy's
house in terms of taxes on Dad's house.
Speaker 1 (24:58):
It's going to try. I think it's going to be reassessed.
I mean, there's not going to be any taxes. You know.
The trust, Well, there's an income to the trust. So
you've got that and reassessment. So she's not going to
have to pay any taxes other than look at a reassessment. Probably,
so the property tax is going to go up because
(25:19):
she is buying the property from a trust. And I
think and I don't know the answer to this. This
is a little technical because if it's a family member,
if it's a child who is moving in the property.
But yeah, you know what, I think she's okay in
terms of the assessment a you know what, I think
it falls under Prop nineteen. I think it is you
get to do a little research. But Prompt nineteen here
(25:42):
in California, which says if you're over fifty five, the
tax base stays the same on the house, the assessment
tax and if you were a family member moving into
the property, but that's upon inheritance. I don't know if
it's upon the purchase of the price from the trust.
And that is the issue. I don't know the answer
to that, and the trust can.
Speaker 5 (26:02):
Help me with that.
Speaker 11 (26:03):
That's where we're at on this is who can help
me and give me a legitimate answer as to where
I stand on this.
Speaker 2 (26:09):
You have to call an accountant, Okay, the attorney way
help me.
Speaker 1 (26:14):
Yeah, you can be a state attorney will tell you also,
but you want to call the account as far as
the taxes that the trust has to pay and as
far as her moving in, I'd called the county recorder's office.
Speaker 2 (26:29):
Or yeah, she's.
Speaker 11 (26:30):
Buying, she's buying the property.
Speaker 1 (26:32):
Now now you want to buy the only issue, there's
only two issues here, Norman. Is a comp property going
to be assessed at a new tax base? When did
your date? Yeah? When did you? Well, of course you
worry about that because if the house is old, you're
the tax base is very low. And if the purchase,
if the house is purchased now, uh, and it's assessed now,
(26:53):
the tax can triple or quadruple depending on what the
old tax base is. So this is where you call
the account on your recorder's office or do you just
look it up and do a little bit of research.
That's what I would do, but I'm just too lazy
to do that. Also, you want to call an accountant
about the trust paying tax on that too.
Speaker 2 (27:11):
So that's those are the answer.
Speaker 1 (27:13):
I wish I had a better answer, but that predicates
me actually knowing something. See, that's always a problem. On
this show because you call up and you assume I
know the answer. What can I tell you? Good luck?
Speaker 2 (27:26):
This is Handle on the Law.
Speaker 1 (27:29):
This is Handle on the Law, marginal legal advice. All right, Hilanda,
welcome to Handle on the Law.
Speaker 8 (27:44):
Good morning. I have a question about the hippa law.
Speaker 1 (27:47):
Okay, and all right.
Speaker 8 (27:50):
This is what happened to me. Is I have senior
advantage plus on with my medical insurance. I went to
so that covers again. I went to the dentist that
they told me that I was.
Speaker 5 (28:04):
Able to go to.
Speaker 8 (28:05):
And when I walked in the office and went to
the dental hygh genius who had to be in her twenties,
and all of my medical records were all over this computer.
It was I was able to see it. It was
in an office where the door was open. Everybody else
could have seen it. This is my personal not that
I have anything to hide, but all of my personal
(28:25):
medical records on it. I told her, I said, how
did you guys get this? And they said that the
the the company that I have my medical insurance through,
you know, gave it to them. I never signed anything
releasing my medical insurance from my primary care provider.
Speaker 1 (28:49):
Yeah, you did when you sign your Yeah, you did
when you accepted the insurance company. Insurance companies, uh do
share or they do ask for all kinds of medical information.
Speaker 2 (29:00):
They do.
Speaker 1 (29:01):
So now the issue is your insurance company has it.
That's a given.
Speaker 2 (29:05):
The other thing is transferring to the medical office.
Speaker 1 (29:10):
Yeah. I don't know if that's a hip of violation
because it was the previous h it was the previous
medical It was the previous medical provider that sent the information.
Do you know where that information was sent? For that
the dentist office.
Speaker 8 (29:24):
Got I know exactly where it came from because it's
the service that I have. It's through Medical as a
good well a medical insurance provider through in California.
Speaker 1 (29:37):
So your information is sitting in a dentist office that
you didn't agree was sitting in a dentist office.
Speaker 5 (29:42):
Okay, I did not agree to.
Speaker 1 (29:44):
Okay, So what's your question?
Speaker 8 (29:47):
My question is do I have a recourse on this?
Speaker 1 (29:49):
Because for what what do you Okay? Okay, all right,
So let me ask you what would you like? What
do you think that what do you think that's worth?
Speaker 8 (29:58):
Well, they they wrote me and they said that, oh no,
we are allowed to send your stuff. Well, I'll tell
you what happened is that my medical records have been shared.
I got another letter in the mail from an independent
living system and said that my medical insurance has been
breached and my medical records have been breached, and to
go ahead and call Equifax and cancel all of my
(30:21):
credit stuff because they don't know what information has been
released to whatever this has gotten.
Speaker 5 (30:27):
So.
Speaker 1 (30:31):
They can't tell you where the medical records. Someone hacked
your medical records or they sent it out.
Speaker 2 (30:38):
By mistake against hip hop rules.
Speaker 1 (30:41):
Well, right, I mean there may be a violation, but
I don't think you're going to get anything out of
it because you haven't been now, you haven't been damaged
at all.
Speaker 8 (30:50):
Well, yes, I have. How basically if you if you
look at it, because well, I'm not saying I need money,
That's not what I'm looking for. I just don't want
my medical records us.
Speaker 1 (31:00):
They're out there, you know, distribute I mean, okay, okay,
but they're out there.
Speaker 2 (31:04):
So you get to find out where they are, and
you say.
Speaker 1 (31:07):
Don't distribute them, you know, because you're in violation of
HIPPA that they already have. I don't know what the
sanctions are. I don't know what the sanctions are.
Speaker 8 (31:15):
Well, I made a complaint to the company that I
have my medical insurance through, and they said that, yes,
they are able to send my medical records out, but
I also have something that my authorizations for the use
of disclosure information from cut.
Speaker 1 (31:31):
No, I understand. Okay, So let's say there, Okay, So
let's say there's a violation. Okay, all right, So let's
say they're a violation. All right, somewhere through that they
violated HIPPO though its medical procedure to medical person, that's
a whole different, and you're dealing with both medical providers
and insurance companies.
Speaker 2 (31:49):
I don't know if.
Speaker 1 (31:49):
That's a violation of HIPPA, but let's say it is. Okay, Now,
what do you want them to drop it? All you
make that demand, you complained the insurance company. They're not
helping you because they're saying, no, we had the ability
to do it.
Speaker 8 (32:07):
Okay, So I had no recourse?
Speaker 5 (32:08):
Yeah, no, I don't think so basically what that.
Speaker 1 (32:11):
Yeah, I don't think so. I think you know, hip
A violation is releasing the information out there to someone
who is unauthorized to get it, and.
Speaker 2 (32:20):
That's not what happened. John, Hi, John, Welcome.
Speaker 12 (32:26):
So my mother was staying with me out of town
and we got in a big fight and i don't
remember what we were fighting about, but I'm pretty sure
it was her fault, but she got madden stormed off,
and on her way home, she decided to stay at
a hotel. This hotel had partnered with a charity group
to vocationally rehabilitate x CON and my mother was going
(32:47):
back to hotel her hotel room, and this man followed
it down the hall and stuck his foot in the door.
When she entered her room, she didn't notice this, and
when she went to the bathroom and came out, this
man is standing there like a pro golfer working on
his putt, and my mother screamed and he ran away
and called the cops immediately, of course, and the cops
(33:08):
came out, looked at the security camera video, and arrested
the man. Well, my mom is now suing the hotel
and the charity, and I'm kind of not sure like
about like her lawyer, because he wants to ding the
hotel and the charity for a million dollars apiece.
Speaker 1 (33:23):
Yeah.
Speaker 2 (33:24):
They yeah, they that's what they do.
Speaker 1 (33:26):
They sue for I'm surprised it's not a fifty million
dollar lawsuit.
Speaker 2 (33:29):
That means nothing.
Speaker 1 (33:32):
Suing for a million dollars or two million or five million,
that's not going to happen.
Speaker 2 (33:37):
You remember the dominion suit against Fox.
Speaker 1 (33:41):
Yeah, yeah, that was they were asking for one point
six billion dollars and they settled for seven hundred and
fifty thousand dollars or seven hundred and fifty million dollars.
The company is worth one hundred million dollars and they
were able to get seven hundred and fifty million, which
is never been heard of.
Speaker 5 (34:00):
Bill.
Speaker 12 (34:02):
This hotel is one of the biggest hotel.
Speaker 1 (34:04):
I'm not arguing that, you know, I'm not arguing that.
All I'm saying is that there I tell you, if
I'm part of this hotel, unless it is one of
those people that were in the rehab, If it is
simply somebody walking in the door and they were able
to get in and it's a it's a public building.
(34:27):
If I were the hotel, I would defend it, say no,
it's just someone walking through, someone walking through the hall.
They are we going to know what happened?
Speaker 12 (34:35):
They know they subverted their hiring practices. To hire this
ex colony. He was an employee of the hotel.
Speaker 1 (34:42):
Oh okay? And and again what was he a drug addict?
Speaker 5 (34:48):
I don't know.
Speaker 1 (34:49):
I don't either, But it doesn't matter at this point.
We're just talking about a potential defense. But what's your question?
Speaker 12 (34:59):
Should I tell him to make her more, sue for more?
Speaker 1 (35:02):
No, yeah, it doesn't matter. She's never going to get
a million dollars anyway. I mean, what do you think,
what do you think she's going to get? Someone breaking
in a hotel room or walking in and and he walks.
Speaker 2 (35:14):
Away, and he runs away, and yeah, I understand.
Speaker 1 (35:18):
So I'm assuming she has already gone to a shrink
and her life is devastated, and the shrink is prepared
to say that her life is over, that she'll never
sleep again, that every time she sees any man she
immediately breaks down and hits the floor in a fetal
position and moans, I mean, it's not that easy, it's
not And then a million dollars ain't gonna happen, John,
(35:41):
it ain't. So Yeah, why don't you call your lawyer
and ask her to sue for fifty million? Sure? Why not?
Speaker 2 (35:50):
Maybe fifty million is too low? Maybe one hundred million.
Speaker 1 (35:54):
All right, before we bail, a quick word about your
bad breath.
Speaker 2 (35:59):
Now, do I know you have your breath bad breath?
Speaker 1 (36:01):
Nah?
Speaker 2 (36:01):
You probably don't because you never go to sleep, awake up.
Do you have morning breath? Or you don't drink coffee?
Well I do.
Speaker 1 (36:09):
And you never eat foods that are spicy. All you
eat is bland food, maainly dog food, which has no
spice at all. Well, let me tell you eat garlic
and onions and spicy food. I mean, obviously the bad
breath happens in your mouth, but then it's still garlic
and onions that go down in your stomach, and that
causes a lot of bad breath right from your stomach.
(36:32):
And a lot of people don't know that. But let
me tell you about Zelmon's. Zelman's minty mouth far more
than a mint, because it takes care of the mouth part.
It's a little capsule that has a nice strong minty
coating new flavor spearmint, by the way, And not only
does it work in your mouth, but then you swallow
it or bite into it when the mint part is finished,
(36:53):
and it goes to work in your gut, in your
stomach and It's hours and hours of fresh, clean breath
so you don't smell like the wrong end of a
rhinoceros in heat. Zelmans, you can't get it at Walmart,
you can't get it at Costco, or you can't get
it at Smart and Final. But you can get it
on the website. Go to Zelmans dot com. Z E
(37:16):
L M I N S. That's Zelmans dot com. Zelmans
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 list Saints KFI AM six forty. The bill handles
show on demand on the iHeartRadio f This is handle
on the law marginal legal advice where I tell you
have absolutely no case. Well, there is a case now
(00:21):
that has been decided by a San Diego federal judge
ruling in a class action lawsuit, which of course is
going to be appealed. But as of now, and this
would be in San Diego, but this is a class action,
so it goes across the board. Parents have a constitutional
right to be informed if their child starts to present
(00:42):
as a different gender at school. Now, this is an
interesting legal situation because normally you would think that parents
have to be told of any medical issue with a kid.
For example, the abortion issue is huge that by law,
the school cannot tell parents if the young actually even
(01:06):
a fourteen or fifteen year old girl in junior high
school is having an abortion. Can't share that information. And
that has now been shot down when it comes to
when it comes to the school informing parents about presenting
as a different gender. A fifty two page decision, this
(01:28):
Judge Roger Benitez rule that parents have the absolute right
to know and what it does is It bans public
school employees from misleading parents a child's gender presentation at school.
Speaker 2 (01:41):
In other words, if you have a boy who is now.
Speaker 1 (01:47):
Revealing as a girl, who now wants to be called
a different pronoun, who wants to wear clothing, who wants
to go into the girl's restroom, parents have to be notified.
Also bars employees from calling students by names or pronouns
pronouns that don't match their legal ones. If the parents subject, now,
(02:13):
is it a nickname? Let's say I'm a male and
I'm Charlie, okay, or I'm Charles, and then I want
to become Betty that's my nickname. Nope, school won't do it,
and parents have to be informed. It's a real touchy
issue where we're going with this, and the pendulum has
(02:34):
swung big time. This was viewed as part of LBGTQ
rights in terms of changing genders and transitioning, and it
was moving with California at the lead, of course, moving
in direction to expand those rights, and now we have
the Trump administration is going the other way. Where the
(02:56):
bottom line is, if you're born male, you are a
mail for the rest of your life. Doesn't matter what
you do. Doesn't matter about surgery nothing. You are a
male and that's what the federal government has just done
in terms of passports. They don't care. It's who you
are on that birth certificate. All right, let's take some
(03:16):
phone calls.
Speaker 3 (03:18):
Hello, Angie, Hi, I went to a dealer to buy
a car and they tucked me into lissing a car because.
Speaker 4 (03:32):
They asked me how many months I draw. So you
know that's not the issue.
Speaker 5 (03:38):
But I just wanted to start with that.
Speaker 6 (03:40):
I leased a car and I wanted to ask you
if they added features that they list on the stick
the windowsticker, if you are obligated to buy those and
uh no.
Speaker 1 (03:57):
No, listen, hold on a minute. You the contract says
what you get. Okay, this is what I get. This
is what I get.
Speaker 2 (04:05):
This is what I get.
Speaker 7 (04:08):
Yeah, the contract.
Speaker 4 (04:09):
They never mentioned to me that I had an option
and it was supposed to be in the contract. I
think that these are option features.
Speaker 1 (04:19):
They never.
Speaker 8 (04:22):
Know what.
Speaker 1 (04:23):
I've never heard of a contract that says these are
the option features you can have. I mean, I've leased
and bought a bunch of cars. All it says is
this is what you are getting.
Speaker 2 (04:34):
Uh, so you're let me. Let me get this right.
Speaker 1 (04:37):
You're saying, uh that the features were on that sticker
on the window, and they didn't tell you you could
have those, and they didn't get me.
Speaker 7 (04:48):
They didn't tell me if I had an option to
buy them.
Speaker 1 (04:51):
They all, right, let me ask you this, okay, Angie.
What happens when they say we never said that, Well.
Speaker 7 (05:01):
It should be in the contract.
Speaker 1 (05:02):
All yeah, Look, it is in the contract. What you
bought is in the contract. And you're arguing I should
have also gotten ABC DNE and it was a verbal
conversation that you had, and they're saying, no, it wasn't. Okay, okay.
Speaker 7 (05:21):
The other thing is the contract was supposed to be
eight pages.
Speaker 4 (05:26):
When I got home and I read everything, all the
fine print, and they only.
Speaker 7 (05:31):
Gave me five pages.
Speaker 1 (05:33):
Okay, and did you hold on? And I okay, and
just curious. Do you know what's on the other three pages?
I don't, okay. Usually you sign at the okay, So
how do you know it's eight pages? Is to say
at the bottom one of eight, two of eight, three
of eight.
Speaker 7 (05:53):
No it does not. But in the front page it
says make sure to read in detail all the A pages.
Speaker 1 (06:02):
Okay, okay, okay. Then did you say I need the
other three pages?
Speaker 2 (06:08):
Please?
Speaker 7 (06:10):
I did, They've given me.
Speaker 1 (06:11):
Then then you say no, even wait a second, Angie.
With that being said, I want the other three pages,
they don't give you the other three pages, and you
still sign the contract. Do I have that right?
Speaker 7 (06:27):
No, this is after the fact.
Speaker 1 (06:31):
Wait a minute, Okay, you're okay, okay. Once again, Angie,
I'm getting so confused with all of these calls today.
All right, let's go from the beginning. It says on
the contract, read carefully all eight pages. You got five pages,
and you're saying, and then you signed it.
Speaker 7 (06:51):
Correct, I didn't read that fine sprint.
Speaker 1 (06:56):
Oh okay, now all right, got it? And it says
please read all eight pages. Okay, Well, I got news
for you. There are contracts that I have signed that
I didn't read the fine print, and I wanted to sue.
And you know what they said, read the contract. That's
what controls nothing verbal. It's the contract. How big was
(07:20):
the print? How big was the print that says read
all eight pages?
Speaker 7 (07:25):
Oh my god? Very small.
Speaker 6 (07:28):
And the thing is that the guy in the finance
department was flipping the screen back.
Speaker 1 (07:35):
You know, top and bottom, and back Angie when he
does that, Hey, at what point, at what point do
you say, I'm not signing this because you guys are
doing just you're screwing me around?
Speaker 2 (07:45):
When do you do that?
Speaker 7 (07:47):
Yeah?
Speaker 1 (07:48):
I know, what point do you say something is not
kosher in Denmark? Here?
Speaker 7 (07:53):
Well, I got some things and I did, I did
tell all right, So what.
Speaker 1 (07:57):
Do you want to So what do you want to do?
What are you looking for?
Speaker 7 (08:00):
My what is my recourse?
Speaker 1 (08:02):
There is no there is none. This is handle on
the law and welcome back. And it's handle on the law.
Marginal legal advice. Robert, you're up. Welcome to handle on
the law, Robert, Hi will Yes.
Speaker 5 (08:24):
My question to you is going to be I need
to get a lawyer. I am having issues with my
with my neighbor. Last last summer, I had a water leak.
I'm sorry, I'm on in the street, okay. And so
(08:44):
I had a water leak. And my modern mainline is
on their on their side of the about two feet in,
no more than two feet in. I told her that
I was having a plumber coming. I gave her about
three days notice and we text back and forth, and
that when I told her I had a plumber coming,
she stopped replying. So I just thought maybe on on Friday,
(09:07):
the day that would come, they see all the work
I'm doing, They're going to say, okay, we'll turn it off,
we'll we'll help you out. So that day came, my
plumber did all the work, dugged up everything I needed
to to find where the leak is at. Couldn't find
it all right.
Speaker 1 (09:21):
Hang on him minute, wha, Robert, Now he went on
her property to find the water league is that correct?
Speaker 5 (09:31):
Not yet? At this point? That was I dug up
all my property without where mine and they waiting no leak.
So so yes, then I did before going to her property.
I did call her. I did text her. I actually
went knock in the door. She has a ring. I guess.
She ignored everything and she took off. She didn't want
to deal with me, so we were already in the
middle of eighting. So I did jump over and I
(09:51):
did access to property. So now because of that, she's
taking me to court for a while.
Speaker 1 (09:58):
She's taking you to court for what.
Speaker 5 (10:01):
Okay, I know, I know what.
Speaker 1 (10:03):
She's taking you to court for. What, Robert, what is
she asking for?
Speaker 5 (10:09):
She's asking what? At this point she says she's gonna
to the fullest extent whatever that means.
Speaker 1 (10:15):
I don't know what the fullest extent means. But what
is she asking for? Neither does she want money? I
mean if you've been sued, have you been sued yet?
Speaker 5 (10:23):
She sent me an email saying that.
Speaker 2 (10:25):
That means Yeah, that means nothing. Wait till you get sued.
Speaker 1 (10:27):
She sent you an email and saying I'm going to
go to the full extent of the law. What does
she want in the email?
Speaker 5 (10:32):
She was asking at the beginning she email, she was
asking for three five for what for? What? I don't
get it either, She Okay.
Speaker 1 (10:40):
Then you ignore it. Then you ignore it. And here's
the other thing. You call the uh, you call the
the water company, the utility, water and power company, and
if it's a main they will deal with it. And
it may not be because it's on her property. And
if I get a letter from the plumber and attach
(11:03):
it to your email, we'll get an email from the plumber,
attach it, send it to her and saying I'll tell
you where the lawsuit is. The lawsuit is me against you,
because if the leak is coming from your property, which
my plumber thinks it is, and you're not letting me
fix it, or you are not fixing it. All the
damage that that occurs or that causes my property, you
(11:26):
are going to be responsible for. You throw it right
back at her. But instead of asking for money, thirty
five hundred dollars for what, I don't even know where
she came up with thirty five hundred dollars because I'm
still trying to figure out what you did wrong, other
than go on her property to find out if it's
a leak. So did you dig up part of her property?
Was part of Is there a hole on her property?
(11:47):
Because the plumber went there?
Speaker 5 (11:50):
Yeah, so the plumber did to dig in on herself.
Speaker 1 (11:52):
Okay, all right, So the plumber found there was no leak.
Wait a second, he did was there a leak on
her property? Was there a leak coming from hers?
Speaker 5 (12:00):
The leak was coming from her from under the wall
on her side.
Speaker 1 (12:04):
Okay. And and your plumber and your plumber went over
there to look at it, correct, and dug up the
yard on her side? Correct? Yes? Okay? And she wants
thirty five hundred dollars for that? Yes, I know, Okay, Fine,
I'm surprised she's not asking for three and a half
million dollars, you might as well. You came over to
my property, you dug it up, and I assume the
(12:25):
dirt is back on. Correct?
Speaker 5 (12:27):
Yes, everything fine?
Speaker 1 (12:29):
And so okay, all right, So there's thirty five hundred.
I would ride her back and say, why only thirty
five hundred? If I were you, I'd assume me for
for thirty five million?
Speaker 8 (12:37):
Why not?
Speaker 1 (12:40):
So at this point, you've got to let her know
that if the leak is coming from her property, then
she is responsible for all the damage to your property.
But let me ask you a question. If your plumber
says it's not on your property and it's not coming
from her property, where's the leak coming from my Yeah? No,
(13:01):
If he went over and found no leak on her
property and no leak on your property, no leak from
the pipes, where is the leak coming from?
Speaker 5 (13:10):
Oh it was, it was on her side of the property,
but under of course it's in the ground on her.
Speaker 2 (13:14):
Okay, did it?
Speaker 1 (13:14):
But did he do? I'm confused? Now? Did he dig
it up?
Speaker 5 (13:18):
Yeah?
Speaker 1 (13:19):
Yeah, okay, and he didn't find a leak? Correct? Did
he find a leak?
Speaker 5 (13:22):
Yes, we did. We found a leak and fixed it
it fixed already.
Speaker 1 (13:25):
Oh you already fixed her leak. So you fixed her leak,
so now there's no damage, that there's no leak, and
she wants thirty five hundred dollars.
Speaker 5 (13:33):
Because I went over with all.
Speaker 1 (13:34):
Oh she's crazy, Yeah, she's she's crazy. You repaired her late.
Matter of fact, i'd sue her for the plumber repairing
her leak. Yeah, come on, you know it's just I mean,
she said, reason the letter, then the letter take you
to court? What do you care you're gonna win?
Speaker 5 (13:49):
I have no, I have no poem with it. I
was just saying, do I need a lawyer for No, it's.
Speaker 1 (13:52):
Going to be a small claims court matter. No, you
don't need a lawyer. No, you're fine, You're fine, not
a problem at all. Jill Becky, Hello, Becky, welcome.
Speaker 5 (14:05):
Thank you.
Speaker 9 (14:06):
Yeah, I'm on a bike.
Speaker 8 (14:09):
Can you hear me?
Speaker 9 (14:09):
Okay?
Speaker 1 (14:10):
Yeah? Actually can okay?
Speaker 5 (14:13):
I live in Ventura County in.
Speaker 9 (14:15):
A fifty five plus community. We have a private water company.
We pay ten dollars a month just to rent the meter.
And that's fine, okay, no problem. But now that water
company has started charging twenty dollars a month for administrative's feet.
Speaker 8 (14:40):
Is that legal?
Speaker 1 (14:40):
Sure, it's a private company. They can charge whatever the
hell they want, unless unless they are regulated by the
Public Utilities Commission, which I think they may be. So
call a PUC, call a pu see and said, is
this allowed? Is it in violation of whatever administrated decision
the PUC makes? But keep in mind it's a private company.
(15:02):
So switch switch companies?
Speaker 9 (15:05):
We can't, we can't.
Speaker 5 (15:07):
It's when you're in a condo unit.
Speaker 8 (15:09):
They own the meters.
Speaker 2 (15:10):
Who owns the meters?
Speaker 9 (15:13):
That meter company?
Speaker 1 (15:14):
Okay, and you can't go so they own the meters.
A meter company won't come in and switch out meters
a new one. And I don't know the answer. Yeah,
I don't know the answer. I don't know the answer.
And I would think that the board is really angry
at this and they're not here.
Speaker 9 (15:28):
Well, they'll no one even notice because people know.
Speaker 1 (15:32):
Okay, well, okay, you bring it up. Okay, good, you
bring it up to the board. And there are two
issues here. One, I don't know if they're allowed to
do that because your question, is that legal? Well, I mean,
it's a private company. They can do whatever they want.
I mean, when people know, is it illegal it's not
against public policy or anything. However, is there a limitation
under the Public Utilities Commission which regulates all utilities?
Speaker 2 (15:55):
And I'm assuming this falls.
Speaker 1 (15:56):
Under the utility And two can you switch out the
meter and simply get another company? And will they put
in free meters? And I don't know the answer. So
those are the choices you have.
Speaker 2 (16:07):
And by the way, you're riding a bike. How old
are you?
Speaker 9 (16:12):
I'm seventy four.
Speaker 7 (16:13):
I just swam an hour wow, and while I.
Speaker 1 (16:15):
Was on hold.
Speaker 8 (16:16):
While I was on hold, I did eight.
Speaker 9 (16:18):
Miles of my twelve mile micro Wow.
Speaker 2 (16:21):
Good for you. That's impressive. I have to tell you.
Speaker 1 (16:24):
That is impressive. All of a sudden, I care about
your water. I mean before you said that, I kind
of drug.
Speaker 5 (16:28):
Yeah, I couldn't.
Speaker 1 (16:29):
I couldn't care less about your water.
Speaker 2 (16:31):
That's good.
Speaker 4 (16:31):
Wall.
Speaker 1 (16:32):
That's impressive. Seventy four years old and doing that hour
swim or a two hour swim and then a twenty
five mile bike rider. Where the hell she did?
Speaker 5 (16:42):
Yeah?
Speaker 1 (16:42):
Ultra marathon, Yeah, I love it. I just saw a
documentary about it. There's an ultra marathon at least the
hardest race in the world is who the Sahara Desert, Morocco,
and people actually run it, and I mean it is bad.
I mean it's like it's crazy. It's days and days.
(17:02):
And there was like a lady in her seventies running it.
Now she didn't make it, but most people don't and
then they have the ambulances that come with it. I mean,
it's really interesting stuff. This is Handle on the Law.
You're listening to Bill Handle on Demand from KFI AM
six forty. Welcome back Handle on the Law. Bill Handle
(17:25):
here Marginal Legal Advice. Hi Anita, welcome.
Speaker 10 (17:29):
Hello, Yes, so happy to get through. My problem is
my vision. Well, that's one of my problems. I have
had cataract surgery and I don't know what they did.
They kept telling me, well, wait and see, we'll see
(17:52):
if it gets better. But I went from having mild
cataracts because I'm a realtor and I was having trouble
reading street signs and they were just mild. But they
also did some snipping and cutting and stitching to get
(18:15):
the fluid level down. But I found out later from
requesting my blood work from the lab core that they
my blood sugar then was twelve point nine and they
shouldn't have done the surgery at all. Oh okay, now
I cannot read.
Speaker 1 (18:36):
All right, Anita, that's a good case. You have a
decent you have. Yeah. Yeah, based on what you say,
that's a medical malpractice case. If they performed eye surgery
on you and there was a test that was done
in terms of which, of course, they do the glaucoma test,
(18:57):
and I mean they test the hell out of your eyes,
which they have to. And if they missed a test
and you're now more blind, you got them, Anita, you
have you know, And I don't know if they can
straighten it out. I mean, you're certainly not going to
go to the same ophthalmologist, but I don't know if
you can straighten it out.
Speaker 2 (19:15):
I don't know if it's permanent damage. I'm hoping not.
Speaker 10 (19:18):
How old are you, by the way, Anita, seventy eight?
Speaker 1 (19:22):
Okay, and you're still working.
Speaker 10 (19:27):
I have a referral real estate license.
Speaker 1 (19:30):
Oh I don't know what that means, but okay, yeah,
things I get paid if I give a referral app. Well,
you need you need a license for that.
Speaker 2 (19:39):
Yes, I didn't know that.
Speaker 1 (19:41):
In any case, I want you to talk to a
medical malpractice attorney and you can go to handle on
the law dot com because we have medmal attorneys on
the website Handle on the law dot com. And I
know you can't see the computer. Maybe someone's going to
do it for you. And how blind are you?
Speaker 10 (20:04):
They cannot make my dis division better? It's not even
as good as it was before.
Speaker 1 (20:11):
Right now, I'm not Yes, I understand that you had
said that how blind are you? Is what I'm asking, Anita.
Speaker 10 (20:18):
Well, let's see, I have a hard time unless I
know what it is seeing up eating scrambled eggs, mac
and cheese or mashed potatoes.
Speaker 1 (20:28):
Okay, so here's the way I here's how I determine Yeah,
here's the way I determined blindness. Okay, using a seeing
eye dog as sort of mid grounds. So you're seeing
eye dog minus or seeing eye dog plus. And I'm assuming,
(20:49):
based on what you said, it's seeing eye dog minus,
which is better than plus.
Speaker 2 (20:53):
You get that, but.
Speaker 1 (20:55):
It's it's still a yeah. No, it's still a good case.
And we are you driving before? Anita?
Speaker 5 (21:02):
Oh?
Speaker 1 (21:03):
Sure, yeah, yeah that's the case, Anita. You have no
you have a good case. So go to handle on
the law dot com and talk to one of our
medical malpractice attorneys.
Speaker 10 (21:13):
I think, yeah, I don't know if this would be
the same mail practice thing. But my husband died in
twenty fifteen, and he shouldn't have because I left the
letters and notes posted on his bulletin boards to cancel
(21:34):
on a Monday a procedure to drain the fluid from
his lungs because I thought he was way too weak.
And his other infectious disease doctor said, he doesn't need it,
that's not his problem, and they had a cancelation and
they did it anyway on Saturday.
Speaker 1 (21:53):
Who canceled it?
Speaker 10 (21:54):
You canceled it, No, I canceled the Monday or okay, Well.
Speaker 1 (22:00):
It doesn't matter. I mean, I mean it doesn't matter
for two reasons. One statutal limitations is gone. Number two
is because you any part of a medical determination that
you made he needs it, he doesn't need it. Nobody
cares because you are not a doctor. I mean, it's
going to be a doctor and make that decision. But
it doesn't matter because the statutal limitations had passed, which
(22:23):
is shame because if you bring a medical malpractice two cases,
you get a discount.
Speaker 2 (22:29):
You're not going to get two for the price of one.
Speaker 1 (22:31):
But unless you bring if you bring three, maybe you
get one free if you bring three, so we only
pay for two. I don't know how it works in
terms of the discount, but there's no case there with your.
Speaker 10 (22:48):
I did contact an the attorney, and I did get
all his records and I had everything ready, and then
I came home from California to Pennsylvania where I was
living then, and I caught a rare children's human metanoma
pneumonia virus.
Speaker 1 (23:09):
No, that's great. I mean, by the way, if this
is pencil, is this Pennsylvania where this happened with your husband?
Is it Pennsylvania? Have we lost in Nina? I guess
we have. And the reason I asked, if it's Pennsylvania,
(23:29):
then that's where the medical malpractice suit has to be
filed and in Pennsylvania, and different states are different rules
for in this case.
Speaker 2 (23:39):
I'm sure there's a statute issue.
Speaker 1 (23:41):
But if someone is sick who has the wrongful case
and there is an illness of some kind, that doesn't
allow him or her to go forward with a lawyer
because you're in bed and you're sort of out of
your mind or whatever, that may toll the statute which
means that may hold off the statute. For example, if
I can sue you and it's a three year stature.
(24:03):
If you go overseas and I can't get hold of you,
that tolls the statue.
Speaker 2 (24:07):
Which means that it's just been extended.
Speaker 1 (24:11):
Norman, Hi, Norman, welcome, Yeah, Hi, Bill.
Speaker 11 (24:15):
Look, I got a question. It's a trust in an
estate a question. And here's a question, Bill. My sister
wants to buy my dad's house. Dad passed away six
years ago. It's worth about seven hundred thousand dollars. She
already owns a home.
Speaker 1 (24:32):
Hang on, a single woman who owns a house. Wait, wait,
let me ask you a couple questions or I can
answer the trust. Okay, the trust owns the home.
Speaker 8 (24:41):
Yes, I'm the trustee.
Speaker 1 (24:42):
Okay, got it.
Speaker 11 (24:45):
Okay, So anyway, she wants to sell her Inglewood home
move to daddy's home. But she's wondering, how does the
the Jarvis tax How would it help her buying Daddy's
house in terms of taxes on Dad's house.
Speaker 1 (24:58):
It's going to try. I think it's going to be reassessed.
I mean, there's not going to be any taxes. You know.
The trust, Well, there's an income to the trust. So
you've got that and reassessment. So she's not going to
have to pay any taxes other than look at a reassessment. Probably,
so the property tax is going to go up because
(25:19):
she is buying the property from a trust. And I
think and I don't know the answer to this. This
is a little technical because if it's a family member,
if it's a child who is moving in the property.
But yeah, you know what, I think she's okay in
terms of the assessment a you know what, I think
it falls under Prop nineteen. I think it is you
get to do a little research. But Prompt nineteen here
(25:42):
in California, which says if you're over fifty five, the
tax base stays the same on the house, the assessment
tax and if you were a family member moving into
the property, but that's upon inheritance. I don't know if
it's upon the purchase of the price from the trust.
And that is the issue. I don't know the answer
to that, and the trust can.
Speaker 5 (26:02):
Help me with that.
Speaker 11 (26:03):
That's where we're at on this is who can help
me and give me a legitimate answer as to where
I stand on this.
Speaker 2 (26:09):
You have to call an accountant, Okay, the attorney way
help me.
Speaker 1 (26:14):
Yeah, you can be a state attorney will tell you also,
but you want to call the account as far as
the taxes that the trust has to pay and as
far as her moving in, I'd called the county recorder's office.
Speaker 2 (26:29):
Or yeah, she's.
Speaker 11 (26:30):
Buying, she's buying the property.
Speaker 1 (26:32):
Now now you want to buy the only issue, there's
only two issues here, Norman. Is a comp property going
to be assessed at a new tax base? When did
your date? Yeah? When did you? Well, of course you
worry about that because if the house is old, you're
the tax base is very low. And if the purchase,
if the house is purchased now, uh, and it's assessed now,
(26:53):
the tax can triple or quadruple depending on what the
old tax base is. So this is where you call
the account on your recorder's office or do you just
look it up and do a little bit of research.
That's what I would do, but I'm just too lazy
to do that. Also, you want to call an accountant
about the trust paying tax on that too.
Speaker 2 (27:11):
So that's those are the answer.
Speaker 1 (27:13):
I wish I had a better answer, but that predicates
me actually knowing something. See, that's always a problem. On
this show because you call up and you assume I
know the answer. What can I tell you? Good luck?
Speaker 2 (27:26):
This is Handle on the Law.
Speaker 1 (27:29):
This is Handle on the Law, marginal legal advice. All right, Hilanda,
welcome to Handle on the Law.
Speaker 8 (27:44):
Good morning. I have a question about the hippa law.
Speaker 1 (27:47):
Okay, and all right.
Speaker 8 (27:50):
This is what happened to me. Is I have senior
advantage plus on with my medical insurance. I went to
so that covers again. I went to the dentist that
they told me that I was.
Speaker 5 (28:04):
Able to go to.
Speaker 8 (28:05):
And when I walked in the office and went to
the dental hygh genius who had to be in her twenties,
and all of my medical records were all over this computer.
It was I was able to see it. It was
in an office where the door was open. Everybody else
could have seen it. This is my personal not that
I have anything to hide, but all of my personal
(28:25):
medical records on it. I told her, I said, how
did you guys get this? And they said that the
the the company that I have my medical insurance through,
you know, gave it to them. I never signed anything
releasing my medical insurance from my primary care provider.
Speaker 1 (28:49):
Yeah, you did when you sign your Yeah, you did
when you accepted the insurance company. Insurance companies, uh do
share or they do ask for all kinds of medical information.
Speaker 2 (29:00):
They do.
Speaker 1 (29:01):
So now the issue is your insurance company has it.
That's a given.
Speaker 2 (29:05):
The other thing is transferring to the medical office.
Speaker 1 (29:10):
Yeah. I don't know if that's a hip of violation
because it was the previous h it was the previous
medical It was the previous medical provider that sent the information.
Do you know where that information was sent? For that
the dentist office.
Speaker 8 (29:24):
Got I know exactly where it came from because it's
the service that I have. It's through Medical as a
good well a medical insurance provider through in California.
Speaker 1 (29:37):
So your information is sitting in a dentist office that
you didn't agree was sitting in a dentist office.
Speaker 5 (29:42):
Okay, I did not agree to.
Speaker 1 (29:44):
Okay, So what's your question?
Speaker 8 (29:47):
My question is do I have a recourse on this?
Speaker 1 (29:49):
Because for what what do you Okay? Okay, all right,
So let me ask you what would you like? What
do you think that what do you think that's worth?
Speaker 8 (29:58):
Well, they they wrote me and they said that, oh no,
we are allowed to send your stuff. Well, I'll tell
you what happened is that my medical records have been shared.
I got another letter in the mail from an independent
living system and said that my medical insurance has been
breached and my medical records have been breached, and to
go ahead and call Equifax and cancel all of my
(30:21):
credit stuff because they don't know what information has been
released to whatever this has gotten.
Speaker 5 (30:27):
So.
Speaker 1 (30:31):
They can't tell you where the medical records. Someone hacked
your medical records or they sent it out.
Speaker 2 (30:38):
By mistake against hip hop rules.
Speaker 1 (30:41):
Well, right, I mean there may be a violation, but
I don't think you're going to get anything out of
it because you haven't been now, you haven't been damaged
at all.
Speaker 8 (30:50):
Well, yes, I have. How basically if you if you
look at it, because well, I'm not saying I need money,
That's not what I'm looking for. I just don't want
my medical records us.
Speaker 1 (31:00):
They're out there, you know, distribute I mean, okay, okay,
but they're out there.
Speaker 2 (31:04):
So you get to find out where they are, and
you say.
Speaker 1 (31:07):
Don't distribute them, you know, because you're in violation of
HIPPA that they already have. I don't know what the
sanctions are. I don't know what the sanctions are.
Speaker 8 (31:15):
Well, I made a complaint to the company that I
have my medical insurance through, and they said that, yes,
they are able to send my medical records out, but
I also have something that my authorizations for the use
of disclosure information from cut.
Speaker 1 (31:31):
No, I understand. Okay, So let's say there, Okay, So
let's say there's a violation. Okay, all right, So let's
say they're a violation. All right, somewhere through that they
violated HIPPO though its medical procedure to medical person, that's
a whole different, and you're dealing with both medical providers
and insurance companies.
Speaker 2 (31:49):
I don't know if.
Speaker 1 (31:49):
That's a violation of HIPPA, but let's say it is. Okay, Now,
what do you want them to drop it? All you
make that demand, you complained the insurance company. They're not
helping you because they're saying, no, we had the ability
to do it.
Speaker 8 (32:07):
Okay, So I had no recourse?
Speaker 5 (32:08):
Yeah, no, I don't think so basically what that.
Speaker 1 (32:11):
Yeah, I don't think so. I think you know, hip
A violation is releasing the information out there to someone
who is unauthorized to get it, and.
Speaker 2 (32:20):
That's not what happened. John, Hi, John, Welcome.
Speaker 12 (32:26):
So my mother was staying with me out of town
and we got in a big fight and i don't
remember what we were fighting about, but I'm pretty sure
it was her fault, but she got madden stormed off,
and on her way home, she decided to stay at
a hotel. This hotel had partnered with a charity group
to vocationally rehabilitate x CON and my mother was going
(32:47):
back to hotel her hotel room, and this man followed
it down the hall and stuck his foot in the door.
When she entered her room, she didn't notice this, and
when she went to the bathroom and came out, this
man is standing there like a pro golfer working on
his putt, and my mother screamed and he ran away
and called the cops immediately, of course, and the cops
(33:08):
came out, looked at the security camera video, and arrested
the man. Well, my mom is now suing the hotel
and the charity, and I'm kind of not sure like
about like her lawyer, because he wants to ding the
hotel and the charity for a million dollars apiece.
Speaker 1 (33:23):
Yeah.
Speaker 2 (33:24):
They yeah, they that's what they do.
Speaker 1 (33:26):
They sue for I'm surprised it's not a fifty million
dollar lawsuit.
Speaker 2 (33:29):
That means nothing.
Speaker 1 (33:32):
Suing for a million dollars or two million or five million,
that's not going to happen.
Speaker 2 (33:37):
You remember the dominion suit against Fox.
Speaker 1 (33:41):
Yeah, yeah, that was they were asking for one point
six billion dollars and they settled for seven hundred and
fifty thousand dollars or seven hundred and fifty million dollars.
The company is worth one hundred million dollars and they
were able to get seven hundred and fifty million, which
is never been heard of.
Speaker 5 (34:00):
Bill.
Speaker 12 (34:02):
This hotel is one of the biggest hotel.
Speaker 1 (34:04):
I'm not arguing that, you know, I'm not arguing that.
All I'm saying is that there I tell you, if
I'm part of this hotel, unless it is one of
those people that were in the rehab, If it is
simply somebody walking in the door and they were able
to get in and it's a it's a public building.
(34:27):
If I were the hotel, I would defend it, say no,
it's just someone walking through, someone walking through the hall.
They are we going to know what happened?
Speaker 12 (34:35):
They know they subverted their hiring practices. To hire this
ex colony. He was an employee of the hotel.
Speaker 1 (34:42):
Oh okay? And and again what was he a drug addict?
Speaker 5 (34:48):
I don't know.
Speaker 1 (34:49):
I don't either, But it doesn't matter at this point.
We're just talking about a potential defense. But what's your question?
Speaker 12 (34:59):
Should I tell him to make her more, sue for more?
Speaker 1 (35:02):
No, yeah, it doesn't matter. She's never going to get
a million dollars anyway. I mean, what do you think,
what do you think she's going to get? Someone breaking
in a hotel room or walking in and and he walks.
Speaker 2 (35:14):
Away, and he runs away, and yeah, I understand.
Speaker 1 (35:18):
So I'm assuming she has already gone to a shrink
and her life is devastated, and the shrink is prepared
to say that her life is over, that she'll never
sleep again, that every time she sees any man she
immediately breaks down and hits the floor in a fetal
position and moans, I mean, it's not that easy, it's
not And then a million dollars ain't gonna happen, John,
(35:41):
it ain't. So Yeah, why don't you call your lawyer
and ask her to sue for fifty million? Sure? Why not?
Speaker 2 (35:50):
Maybe fifty million is too low? Maybe one hundred million.
Speaker 1 (35:54):
All right, before we bail, a quick word about your
bad breath.
Speaker 2 (35:59):
Now, do I know you have your breath bad breath?
Speaker 1 (36:01):
Nah?
Speaker 2 (36:01):
You probably don't because you never go to sleep, awake up.
Do you have morning breath? Or you don't drink coffee?
Well I do.
Speaker 1 (36:09):
And you never eat foods that are spicy. All you
eat is bland food, maainly dog food, which has no
spice at all. Well, let me tell you eat garlic
and onions and spicy food. I mean, obviously the bad
breath happens in your mouth, but then it's still garlic
and onions that go down in your stomach, and that
causes a lot of bad breath right from your stomach.
(36:32):
And a lot of people don't know that. But let
me tell you about Zelmon's. Zelman's minty mouth far more
than a mint, because it takes care of the mouth part.
It's a little capsule that has a nice strong minty
coating new flavor spearmint, by the way, And not only
does it work in your mouth, but then you swallow
it or bite into it when the mint part is finished,
(36:53):
and it goes to work in your gut, in your
stomach and It's hours and hours of fresh, clean breath
so you don't smell like the wrong end of a
rhinoceros in heat. Zelmans, you can't get it at Walmart,
you can't get it at Costco, or you can't get
it at Smart and Final. But you can get it
on the website. Go to Zelmans dot com. Z E
(37:16):
L M I N S. That's Zelmans dot com. Zelmans
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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