The Troubleshooter 12-04-25

Episode Transcript

Speaker 1 (00:00):
Yeah, ripped up.

Speaker 2 (00:07):
You need advice so.

Speaker 1 (00:09):
You don't happen.

Speaker 3 (00:12):
Come run in ass as we can.

Speaker 2 (00:16):
Shooter is gonna help.

Speaker 4 (00:17):
Come Man six is the Troubleshooter Show. No Tom Martine, Hey, hey, Hey.

Speaker 5 (00:24):
What's going on?

Speaker 6 (00:25):
We've got Tom Martino and Mark Major Mark what's happening
in your life? This hour brought to you by Frank
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(00:49):
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zero sixteen twenty two. We have John Fuller with us
from Fuller Law talking about personal injury and the law
in general. He is our He is our fill in
when we're not here, and we love having him. He
knows what he's talking about when it comes to stuff.

Speaker 5 (01:11):
We're going to talk to Jan, who had a really
weird problem yesterday.

Speaker 6 (01:17):
I wanted to bring Jan back up and I just
felt it was when I say weird, it was unusual,
and let's talk about your problem.

Speaker 5 (01:26):
Jan, what's going on?

Speaker 1 (01:30):
Yeah, Hi Tom, thanks for Yeah, it was unusual. And
you know the backdrop was, I went through my Planet
Fitness and did my our workout. When I came back
to the locker room, my lock was gone and my
locker was empty.

Speaker 5 (01:45):
Now you had your own locker.

Speaker 6 (01:47):
Excuse me, it's it's conventional or traditional or whatever you say.
It's common practice there to take your own lock with you.
I mean to bring a block with you when you
go to Planet Fitness. Then you lock your stuff up.

Speaker 1 (01:59):
Right.

Speaker 5 (02:02):
What we have at our club we have two things.

Speaker 6 (02:04):
We have the executive locker room, where you keep a
locker all the time and you pay monthly. Then we
have another one where you punch in a code that's
good for that session. You punch in a code and
that code is good for you.

Speaker 5 (02:14):
It's like at a hotel safety that's a fancy where
you're punching a code. Yeah.

Speaker 6 (02:18):
Yeah, And then but Jan had one where you have
to put your own lock on the door. And I'm
interested in what you think and what John thinks about this.

Speaker 5 (02:28):
We have one core power yoga we go to all
the time.

Speaker 7 (02:31):
I have never brought a lock to any location and
We've gone to five different locations and I've gone over
seven hundred times. But you don't put your wallet stuff,
it's locked anything, Just use the cubby.

Speaker 5 (02:43):
Oh yeah, most of the time. You don't have a
lot with you.

Speaker 6 (02:47):
But when I go to the club, I have my
ear pieces, my cell phone, I put away, I put
certain things away. But I want to know, John, what
do you think Does Planet Fitness have any responsibility?

Speaker 5 (02:59):
Does it depend on what's signs there are?

Speaker 8 (03:01):
Jen?

Speaker 6 (03:02):
What is the what is the common practice there when
you put stuff in a locker? Are there signs that
say not responsible for theft or not responsible for items
or anything like that?

Speaker 5 (03:13):
And what are we talking?

Speaker 9 (03:15):
Like?

Speaker 2 (03:15):
What happened?

Speaker 5 (03:16):
How much are you missing? Everything?

Speaker 2 (03:19):
Everything happened? Where is it what they say? I need
to know the rest of all?

Speaker 6 (03:22):
Right, let's tell a story, Jan, I'll shut up. Tell
a story of what was taken and what you did.

Speaker 5 (03:27):
And what they did.

Speaker 1 (03:29):
And I have an interesting update, but I'll answer your question. Yes,
they do have a sign posted, so they provide the
empty locker if you bring your own lock They're not
responsible for any theft. Fair enough. They have cameras on property,
so you know they can record things. But I did
recover everything at the end.

Speaker 5 (03:46):
Of Wait, how did you recover everything?

Speaker 1 (03:49):
Well, it's a little embarrassing, but I'll share it with you.
Wrong locker, Mark, you you're kind of on the right track. No, No,
I was in a hurry to get to my session,
and I walked in, I dumped my stuff and I
went out, and when I came back and I'm like,
I don't get it. Well, you're not gonna believe this,

(04:10):
but the men's locker room in the lady's locker room
look identical.

Speaker 5 (04:16):
You were in the ladies' locker room. You got I'm shocked.
None of the ladies who is It's Jan right.

Speaker 2 (04:26):
This should never happened to Mark.

Speaker 5 (04:27):
Okay, so wait a minute, Wait a minute.

Speaker 6 (04:30):
So you went to the same exact locker number, in
the same exact location, in a.

Speaker 5 (04:35):
Mirrored locker room.

Speaker 1 (04:37):
That's correct.

Speaker 5 (04:38):
How did you discover I'm just.

Speaker 6 (04:39):
Curious about it, and thank you for coming back on
and subjecting yourself to our abuse?

Speaker 5 (04:44):
How did you figure it out?

Speaker 1 (04:47):
Yeah, I figured you guys would be good for being
up on this ball. Well, I told the guys and
there were three guys, well, two guys at the counter,
and I told them when I saw it was them,
said gee, you know what, maybe just for grins, maybe
it was in the women's locker room. And so one
of the guys at the desk, and I described him

(05:08):
with the lock looked like where the locker location was,
and he went in and he came out of a
few minutes later he said, no, nothing there. So now
I'm into canceling my credit cards. That's when I called you,
and I had nothing and then I didn't realize. Then
I realized I couldn't take an Uber home, but they
canceled my cards, so they had to buy me an Uber.

Speaker 6 (05:27):
And did you have your cell phone? I did have
my cell phone, right, and I'll tell you, yeah, that
is okay. So how did you if he went in
there and said there's nothing there? How did you figure
it out?

Speaker 1 (05:42):
So I got home, you know, got her in together,
and I had to take the Uber back because my
car was still there because they had my car keys,
you know, my car keys. Walker and I went back
in and I walked in the door. The guest manager
there as I walked in, he said, oh, oh, he
after you left, you know, the two guys went back

(06:03):
in the ladies locker room and they saw a locker
and they thought they saw some jeans and the locker,
so they busted the lock off, and here they come
around the corner stuff.

Speaker 10 (06:13):
Ah.

Speaker 1 (06:15):
So but I'm like, you went in there. He should
have just had me follow him in there when they
went to look, because then I would have known right away.
But you know, the kid goes in and says, no,
nothing there. Then then they go then they bust the lock.
Then they bring it up and they have the stuff,
and they had my phone number. They didn't even call
me and say, hey, come back, we found your stuff.

Speaker 6 (06:37):
Yeah, so listen, that's it is a good discussion, though
I don't see where a locker room where I don't
see where a club. And by the way, now that
I'm glad you found your stuff and good, it's a
good discussion.

Speaker 5 (06:50):
Though when are.

Speaker 6 (06:51):
Lock locker rooms aren't responsible for stuff, I mean, they're
just not responsible. You put a lock on there or
you have a combination lock and someone.

Speaker 7 (06:59):
Brings out like where you go where you said, they
give you a one hour code. It's all built in,
It's all a lot. It's the code is long.

Speaker 5 (07:06):
It's just good.

Speaker 6 (07:07):
They don't want you to use it overnight, but that
code is as good as it's.

Speaker 5 (07:10):
Like the hotel safe. Were you plugging the first time?

Speaker 11 (07:12):
You pill?

Speaker 5 (07:12):
Just saying because they're the ones giving it to you,
do they no?

Speaker 9 (07:16):
Do you?

Speaker 6 (07:16):
You program your You program your own lock. So it's
an empty locker. You open it, you put your stuff
in it, you close it, You put in a code
you want to hit locky.

Speaker 5 (07:25):
Next time you hit that code, it unlocks.

Speaker 7 (07:27):
So if I'm saying, if someone went in, okay and
got in and broke the lock, I don't know.

Speaker 5 (07:33):
I don't think there was. They have any liability.

Speaker 6 (07:35):
I mean, I doubt it unless it was an employee,
you know, if it was an inside job or something.

Speaker 5 (07:41):
Maybe, but even that that would be the scope of
their work. This brings up something that.

Speaker 6 (07:47):
I got to talk about because I find myself getting
pissed off and pissed off and pissed off. And I
mentioned it a little one time, but I'm serious It's okay.
I go to the gym and I have a routine.

Speaker 5 (07:59):
It's gonna be about how all the old guys are
always naked.

Speaker 6 (08:02):
No, no excessive nakedness I put up with. I just
said the hell with it, you know, I mean, and
that's a whole different ballgame. But it's true. Old men
love being naked in a locker room. And I swear
to God, the lower the balls, the more naked they are.
They just what they They just love walking around naked.

(08:25):
And I'm not sure why. It's like they just like
walking around naked and scratching themselves and talking to you
and they get too close, and it's just like, what
is going on?

Speaker 5 (08:35):
Why do people? I don't want to get into that.

Speaker 6 (08:36):
There is something else about gyms, and I'm telling you
something's got to be done, Something absolutely positively.

Speaker 5 (08:43):
Has to be done.

Speaker 6 (08:44):
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talks seven one three eight two five five.

Speaker 5 (09:56):
So here's what I know, Here's what I want to say,
and then I'll get back into it. They ought to
outlawn cell ol wall cell phones at health clubs. Okay,
it's downright abusive. Now here's what you have.

Speaker 6 (10:07):
You have some big ass piece of crap on a
machine working out and he'll do a sets of ten
or twenty or twenty five, and then he'll do them,
and you'll might do three sets or four sets.

Speaker 5 (10:19):
You have women and men both doing this. They just
piss me off.

Speaker 6 (10:21):
They sit there in between sets and they get on
their phones and they text and they watch movies, they
listen to music, and they literally tie up the machine.
And there's a line for the machine. If you want
to do that. First of all, if you want to
rest in between thirty seconds, fine sit there thirty seconds later,
start your second set. But for God's sakes, for you

(10:43):
to sit there five and six minutes while people want
to use that machine and you sit there. I walk
up now and I say, excuse me. Here's what I
say exactly. I say, excuse me, if you're going to
be on your cell phone, can I work in? And
they go, well, I just have another set, And I said, yeah,
but you're texting people. I don't mind saying it anymore

(11:03):
because they're rude, and they're crude to sit there on
their phone. And I know, I know there are people
listening right now. I know there are that that it's
true they.

Speaker 5 (11:15):
Do it, and you know you do it.

Speaker 6 (11:17):
And I know at the club a lot of people Tom,
I listen to your show today. I listen I know
they listen, and I know that it and this happens
to be Lifetime Fitness at Cherry Creek. It's the worst
one I've ever seen in my life, the worst. And
I wrote to headquarters and said, can you know? I said,
can't you just have Here's what I said, Here's what

(11:40):
I said, can you have? Can you have a rule
that you don't use cell phones on machines? Period?

Speaker 5 (11:47):
Why do you need a cell phone on a machine?

Speaker 6 (11:49):
Why you don't need one?

Speaker 7 (11:50):
Anytime I'm on a treadmill or a bicycle, I always
have my cell phone there and I'm watching Netflix.

Speaker 6 (11:55):
If there's nothing wrong with that. Mark you're on a treadmill,
you're there for forty minutes. There's I'm talking about when
you're doing when you're doing chest presses, or you're doing
arm curls, or you're doing shoulder lifts, you don't need
a cell phone in your hand. Or if you do
have a cell phone and you're listening to music, fine,
I don't mind. But then in between sets, you want

(12:16):
to sit there and rest for thirty seconds. If you
truly rested for thirty seconds, that would be okay.

Speaker 5 (12:22):
But they don't.

Speaker 6 (12:23):
They stay there for five and six minutes worse, they
start having a conversation with a friend and they're tying
up the machine and I go up and I say,
excuse me, but can I use the machine? I'm not
being get off my yard. I'm not pointing a bony finger.

Speaker 5 (12:38):
Good think about think about how rude that is.

Speaker 2 (12:41):
Glad we got that up?

Speaker 6 (12:42):
Or now, think about how rude that is. Think about it.
They're sitting there with their cell phone. I may go
too with you.

Speaker 7 (12:49):
Unless there was other machines that were the same, you
can't obviously.

Speaker 2 (12:53):
What if you're taking a video of the hot chick
on the machine.

Speaker 5 (12:57):
So here's the thing.

Speaker 6 (12:58):
I one time took pictures of people timestamps that were
on machines not working out for five and six minutes long.

Speaker 5 (13:06):
I sent it.

Speaker 6 (13:07):
I really just send an email to Lifetime Fitness and
I said, you need to address this because people have
busy schedules and they don't have time to wait. I'm sincere,
by the way, I'm not just trying to drum up calls.
I'm telling you that there can't be there. I know
that there are many of you that have experienced this.
What do you do when you experience it? They're sitting there, okay,

(13:31):
And as Mark said, if there are other machines, go
to another machine. I don't mind going to another machine.
I'm talking about a busy time of the gym. You're
sitting there in between your sets for five and six
and seven, sometimes ten minutes, checking your emails, your texts,
looking at videos on YouTube. And I say to them,

(13:51):
if you're going to be on your cell phone, may
I use the machine? And you know what, people get
upset when I ask them because I don't say it
with a huff. I just say, excuse me, if you're
going to be on your cell phone, can I use
the machine?

Speaker 5 (14:03):
Can I work in?

Speaker 9 (14:04):
Well?

Speaker 5 (14:04):
All right?

Speaker 6 (14:05):
And what they should say is yes, I'm sorry about that,
or they should just do their next set.

Speaker 2 (14:11):
But but look are you naked when you do that?

Speaker 6 (14:14):
I just can't stand it, Okay if you First of all,
I do have equipment at home that I use, But
I like the gym because they have the hot tub
and the steam room and all the stuff, the accouterments.

Speaker 5 (14:25):
I like going to Lifetime. It's a great club.

Speaker 6 (14:28):
I did notice the one down in the Tech center
wherever it is off a dry creek. It's not as
bad with cell phones that the one at Cherry Creek's
the worst, the absolute worst, the absolute worst. In fact,
I will venture to say that most people on machines
are not working out most of the time. If you
could clock the machine, or if you could spy on it,

(14:50):
you would find that most of the time the machine
is tied up, people are not working out.

Speaker 5 (14:55):
Anyway, You see what you got me doing.

Speaker 6 (14:57):
Jan, Let me ask you this, Jen, at Planet Fitness,
do people sit their asses on a machine and look
at their cell phones? Not?

Speaker 1 (15:06):
I haven't seen that at all time.

Speaker 6 (15:07):
Okay, really, well, maybe maybe it's just maybe it's just
the self important people at Cherry Creek Lifetime that think
they they you know, they need to be they need
to be on their phone.

Speaker 12 (15:17):
I think there's a much higher percentage of selfish people
in Cherry Creek.

Speaker 2 (15:22):
They feel their entitled Well, definitely, I don't know, very
logical conclusion.

Speaker 6 (15:27):
Anyway, Jan, thanks for the call, appreciate it. Did you
have anything else on your mind with health clubs?

Speaker 9 (15:34):
No?

Speaker 1 (15:34):
I didn't. The only the thing I'll close with is,
you know, we don't have to talk about it now.
The hassle of getting cards replaced.

Speaker 6 (15:41):
You'll tie me. In other words, even though you found
your stuff, you went through all that trouble, and now
you're saying, while they may not be responsible for the theft,
they are responsible. Possibly they went and checked. Because now
that's another level of responsibility. The guy went in and said, no,
there's nothing there, And you told him you had a
locker that was locked and it may be it might

(16:04):
be in the women's room.

Speaker 5 (16:05):
And he went in there, and did you give him
the locker number?

Speaker 1 (16:11):
No, I didn't, but I showed him where the location
was in the locker room, and it was the identical
location in the women's room, because they're identical.

Speaker 6 (16:18):
Okay, well, I'll tell you what I would be pissed
if I asked a guy to check.

Speaker 5 (16:23):
This is another thing.

Speaker 6 (16:24):
For example, you're at a restaurant, let's say, and you
hang a coat up, or you have something at a restaurant.

Speaker 5 (16:31):
You ask them, this is john, this is a weird one.
So you go back to the restaurant. It's not there. Okay,
you lost it.

Speaker 6 (16:38):
I've I've lost things before, credit cards, I've lost coats
and jackets before because I can't remember where I left it.
Maybe even a pair of glasses. But here's one. This
is one that I think you've lost a full tractor before. Yeah,
I've lost equipment because people borrow stuff from me and
then you forget who's got it. I have guilty of
that anyway. But here's here's something. Here's something that pisses

(17:01):
me off or brings it to a different level. I
can see if you left something at a restaurant, you
go back, it's not there, you can't find it, snow
where to be found.

Speaker 5 (17:09):
No one's responsible for that but you.

Speaker 6 (17:11):
But what about when you call a restaurant and the
person say, oh, yeah, your jacket here it is?

Speaker 5 (17:16):
Is it blue?

Speaker 6 (17:17):
Does it have the uh Montclair patch on it or whatever?
I'm just I'm just name dropping the Montclair. But anyway,
then they so then you take the jacket and you say,
I'll be right in, I'll be in tomorrow, I'll be
in tonight.

Speaker 5 (17:30):
You go there and it's not there.

Speaker 6 (17:34):
Is that a different level of responsibility than if you
just left it you went back and dismissing.

Speaker 5 (17:39):
I think it is. I think they took bailman.

Speaker 2 (17:41):
I think check on right after that, somebody's like John,
I think official jacket.

Speaker 6 (17:47):
I think that if I called and said with the Columbia,
you see do you see my jacket?

Speaker 5 (17:53):
Do you see my jacket? Montclair? Did you did you see.

Speaker 2 (17:59):
In the pocket?

Speaker 6 (17:59):
Did you see that? And if they say yes, then
I think they have a responsibility. After that, I think
do you think no? Even then it's okay, I mean like, really,
what do you think, attorney, I think they have If
you call them and they say they say, yeah, we
have it, and you show up and it's.

Speaker 5 (18:21):
Gone, do they owe you a new one?

Speaker 11 (18:22):
Now?

Speaker 2 (18:23):
At the restaurants I go to, they don't have code checks.
Put my coat on the back of my chair, you know.

Speaker 6 (18:33):
Okay, these are just little things that come up. Okay,
I have another one. I think about these things. Okay,
I feel like the Larry David of consumer stuff. Okay,
here's what I think about you this and again I
I the restroom thing has me there. There has to
be places, there have to people have to be able

(18:55):
to use restrooms.

Speaker 9 (18:56):
Right.

Speaker 5 (18:56):
So you're at a restaurant.

Speaker 2 (18:57):
We're covering a lot of ground today.

Speaker 5 (18:58):
No, no, let me get let me get this out.

Speaker 6 (19:00):
You go to a restaurant, you use the restroom, No
big deal. You're a customer, you use the restroom. If
you come out off the street and ask do you
have a restroom?

Speaker 5 (19:08):
They won't. They say for customers only. Why would you ask?

Speaker 6 (19:11):
So you just go in and go to the rest
Sometimes you do, you would if you're really hurting, you would.
But here's what I want to know, though, at what
point are you not a customer?

Speaker 5 (19:19):
So you go and you have lunch.

Speaker 6 (19:20):
I did this in veil. I'm going to have lunch.
I leave six hours late, half hour later, half hour later.
I'm thinking, you know what, I got to give some
of this back. So when you think about that and
you go back to the restaurant, you walk in and
they say it's for customers only, you say, I just
had lunch here.

Speaker 5 (19:37):
At what point does that expire? It's a good question.
When does it expire? When are you no longer a customer?
I don't think I am still going to understand why
you ask.

Speaker 7 (19:48):
If I'm going to go in and use the restroom somewhere,
I don't stop and ask for a permission.

Speaker 5 (19:52):
No, I don't go to the rest You're right. Sometimes
I don't.

Speaker 6 (19:55):
Well, no, but I feel guilty, Like have you ever
gone to a convenience store and just bought something?

Speaker 5 (20:01):
Just so you could use the restaurant. Yes, yeah, yeah,
we all have done that.

Speaker 7 (20:05):
Yeah yeah, So anyway, and then you wish after seeing
the restroom you went somewhere else.

Speaker 2 (20:10):
So return whatever you fought.

Speaker 6 (20:13):
Never mind, Yeah right, okay, we got Listen.

Speaker 5 (20:16):
These are crazy things, but they happen.

Speaker 6 (20:18):
I want to know if you've encountered rudeness at a
health club where people are sitting their asses on machines
and they're on their cell phone. We walked, Susanna and
I walked into a restaurant on Monday, maybe it was Tuesday.

Speaker 5 (20:34):
Listen to this.

Speaker 7 (20:35):
We walk in, We've never been in there before. We
were actually going to the place next door, and I
was like, wow, that looks nice. I've never heard of
this new restaurant. It was in Parker and we walk
in and the lady looks at us at the little
stand yeah, and says, what do you want? We don't
open until five, and it was four forty five, and

(20:59):
I said, I.

Speaker 5 (21:00):
Don't want a damn thing from you.

Speaker 11 (21:02):
Let me.

Speaker 5 (21:03):
That's I ever heard of anything like that. What do
you want?

Speaker 1 (21:06):
Yeah?

Speaker 5 (21:06):
I know, weird, weird.

Speaker 6 (21:08):
Then this happened to me once, just once, and again,
I guess it's just become a tradition.

Speaker 5 (21:14):
But is it a right?

Speaker 6 (21:16):
We were at a place one time this happened in Colorado,
and we were leaving and paying the bill and the
woman said, how many I see iced tea down here?

Speaker 5 (21:28):
How many did you have? Now?

Speaker 2 (21:31):
Wait a minute, refills?

Speaker 5 (21:33):
Yeah? They just she said how many? She goes, I
think you had four? And I four different people had ice?

Speaker 4 (21:39):
No for you?

Speaker 2 (21:43):
Yes, okay.

Speaker 6 (21:44):
Now in New York, I've been charged for refills before.
Have you been charged? Isn't it a tradition now that
refills are free or not? Or is that going away?

Speaker 7 (21:54):
Last time I was charged for refills on a non
alcoholic beverage.

Speaker 5 (21:59):
Yes, that's not orange juice or something.

Speaker 7 (22:01):
Right, was kids drinks in Hugo's cellar in Las Vegas.
So we're talking a nice steakhouse.

Speaker 5 (22:10):
And they brought the tab and I was like, well,
that's weird.

Speaker 7 (22:13):
I thought it was going to be around two hundred
bucks for the four of us, and I looked down
and for every coke our eight to nine year old
had basically at the time, they charged six bucks.

Speaker 5 (22:23):
Holy cry.

Speaker 7 (22:25):
I went through the roof and I just didn't tip
it all. I said, well, your tips are my coke.

Speaker 2 (22:30):
I don't mean in my experience, and I don't drink
soft drinks, so I don't know, but it seems like
to me soft drinks would would incur another charge, But
things like tea and water do not, because I couldn't
containly get filled up from a picture. No, I know
it's less than full pores. But but a soda like
a pepsi or something I have never usually.

Speaker 6 (22:51):
Had a lot of times I've never been charged. I
don't know, I don't not anymore, but and especially not
iced tea. But but it But like Mark said, orange juice,
you don't expect free recooks.

Speaker 7 (23:03):
Coffee is weird because it used to be wherever you
got coffee, they just refilling it.

Speaker 5 (23:07):
I don't care where.

Speaker 7 (23:08):
Oh they still do right well except least you go
to Starbucks and sit around.

Speaker 5 (23:12):
That's true different, That's why. Why is it different?

Speaker 10 (23:15):
Though?

Speaker 6 (23:15):
If you're that is true if you think about it,
that the drip coffee we're not talking about, not some kind.

Speaker 5 (23:20):
Of fruit frue I'll drink you used to order and
I'd make.

Speaker 6 (23:24):
Fun of Yeah, a quad grundy sugar fore vanilla latti,
which vanilla breve latte.

Speaker 5 (23:30):
They literally came with the tampon.

Speaker 12 (23:32):
Well, I don't know that I've found if you had
to a breakfast place, Yes, they don't charge you for
refills of coffee.

Speaker 13 (23:38):
They expect when you have breakfast well.

Speaker 5 (23:40):
Or when you set a counter, even just having coffee
they give you free real Well, like you said one,
are you not a customer?

Speaker 7 (23:45):
So if you went into village in at nine am
and ordered coffee, can you come back at four and
then refill it?

Speaker 6 (23:53):
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(24:13):
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Remax Alliance three three nine to zero sixteen twenty two.

(24:35):
Hi tom Archino here, Welcome to the show. We got
a comment on health Club's jud Chris what do you think, Chris,
Same thing.

Speaker 14 (24:44):
Tom, And it's not just U Cherry Hills, it's everywhere.
My wife and I belong to Choose in Broomfield and
it's the same thing. And we go up, we'll see
somebody on a machine and they'll be on there pump
ten minutes between sets. Yeah, just sitting there leaning over,
looking at videos, texting and everything. And I'll go over.

(25:06):
I'm like, excuse me, are you done?

Speaker 1 (25:08):
Or can I get in?

Speaker 14 (25:08):
And you're right, it's not well received.

Speaker 5 (25:11):
No, And really they're rude. They are absolutely rude.

Speaker 6 (25:16):
I don't mind people doing texting and watching youtubes or anything,
but don't sit.

Speaker 5 (25:22):
On the machine while you're doing it.

Speaker 6 (25:24):
And I don't know why this club, why Lifetime or
any other club can't put out a simple rule, no
cell phones on machines, period. There's no reason. We don't
need our cell phones while we're on a machine. If
you want to talk or text or change music, do
it when you're off the machine. Now, when I say

(25:45):
no cell phones on machines, what I mean is no
operating them on machines.

Speaker 5 (25:49):
You know, music can be playing in your ear all
you want.

Speaker 6 (25:52):
I mean, but I just for the life of me
cannot figure out why someone believes they're privileged enough to
sit there while you're waiting for them. But you're right, though, Chris.
No matter how nicely you ask, people are put out
by that.

Speaker 14 (26:09):
Yeah, yeah, I'm gonna send an email to choose. I
don't know that I'll get anywhere with it. But it's
a same problem, and it happens just about every time
I know, and.

Speaker 6 (26:19):
It clogs up the workout. I swear to God, you
know what I do. I don't if I rest in
between no matter how long it is, I get off
the machine. I do not rest sitting on the machine.
I just think it's rude and I don't know why
people can't do that.

Speaker 5 (26:34):
Well.

Speaker 12 (26:34):
I use mine as a timer. If I want to
do a minute between sets, I'll use my phone as
a timer.

Speaker 13 (26:40):
I won't be talking.

Speaker 6 (26:41):
Listen, no, no, I understand. Yeah, and again I think
a minute is pushing it. Anything more than a minute,
get off the machine. If you're gonna sit in between
sets for a minute, that's fine. But and most of
the time you should have as little respite or a
little rest.

Speaker 5 (26:54):
In between sets.

Speaker 6 (26:55):
But what you shouldn't do is pick up your phone
every single time. And then another thing. I don't understand this,
even when you are working out and you're working out
on a machine. But there's something about women, females and
leg machines that I swear to God, I'm just gonna
say this, Ladies, if you weren't born with the legs,

(27:17):
you're not going to get them by exercising.

Speaker 5 (27:19):
Okay, there's just certain shapes of legs are going to
be and that's all there is. Because they fall in
love with these machines and sit on there.

Speaker 6 (27:27):
I've seen people on a machine and there's no reason
why one person should be on a machine for six
thirty minutes. I'm not talking about treadmill or anything like that,
or stair steppers. I'm not talking about those. I'm talking
about lifting machines. There is I can see no reason
why a woman should be on a leg machine for
for thirty minutes. I don't care who they are. Wow,
you're judging well Mark. If you go on a squat machine,

(27:51):
why would you ever be on there for thirty minutes? Ever,
no matter how much you work out competition, but you can't.
There's no reason to be on that machine for thirty
minus minutes I'm.

Speaker 5 (28:01):
Usually on our squat machine.

Speaker 6 (28:03):
Sure they're using it and they're resting in between, they're
not watching their cell phone. And you're right, Doc, I'm
contradicting myself. I say, as long as you work out, fine,
but then there's a certain statute of limitations here for
how long you should.

Speaker 5 (28:15):
Be on altogether. I mean, I believe you have to
be stewards of people's.

Speaker 13 (28:20):
Time the machine you have using the machine, but.

Speaker 5 (28:24):
There's no reason to be on one machine for thirty
minutes in your opinion. Don't you have all these machines
at your house.

Speaker 2 (28:30):
He's got an absolutely beautiful, big, huge workout too.

Speaker 5 (28:36):
It's funny, like.

Speaker 2 (28:37):
A quarter inch thick on it.

Speaker 5 (28:39):
Yeah, why don't you.

Speaker 6 (28:39):
Just throw a hot tub out back? I work out
at home sometimes. I like sometimes getting my ass out,
put a steam shower in and a heartbeat.

Speaker 5 (28:48):
You know you're right? Shawt eh. What's going on with
your daughter? What's happening?

Speaker 15 (28:55):
Thank good morning, Thank you so much for having me here.
I'm very honored. My daughter, Avery Klosmeyer, has been unconstitutionally
taken to the state of Maryland. I was impregnated by
her by her father at this the age of twenty
two when he was thirty two practicing dentists in Colorado.

(29:18):
And by the age of two, I realized that my
morals and my values differ drastically from that of her father.
And when I raised this as a conversation to be
held with the.

Speaker 6 (29:30):
Family, Dawda, hold on one second, you're talking about this child.

Speaker 5 (29:35):
How is the child now?

Speaker 15 (29:38):
My daughter is four years old.

Speaker 6 (29:40):
Okay, And you had your child out of as they say,
out of wedlock. You were not married to the biological dad.

Speaker 15 (29:47):
I was not married to the biological father. I was impregnated.
I was forcefully impregnated by him.

Speaker 5 (29:55):
Well, that sounds like rape to me.

Speaker 6 (29:57):
Were you you I mean when you say forcedful impregnated,
what do you mean by that?

Speaker 5 (30:02):
Exactly? Did did they he forcibly have sex with you?

Speaker 15 (30:07):
Yes, exactly. He wanted a child so desperately as he
was much older than I was, and.

Speaker 5 (30:13):
He rapes me to wa wait, hold on, did you
ever have him arrested for raping you?

Speaker 15 (30:20):
Well, I have police reports of sexual misconduct and sexual assaults.

Speaker 6 (30:26):
But okay, hold on, Shawd, hold on. I want to
give you more time. Just hang on, do not hang up.

Speaker 5 (30:33):
We'll we'll we'll figure this out. Coming back, I'm Tom Martine.

Speaker 6 (30:41):
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(31:02):
only customer when you choose Frank durand the real estate
Man dot com to list your home with Remax Alliance
three oh three nine two zero sixteen twenty two. Hey
Tom Martino here with John Fuller personally injury attorney, and
our legal expert and Major Mark major deputy docs here

(31:23):
as well, and what's going on in your life? Let's
talk about this serious issue.

Speaker 1 (31:29):
Now.

Speaker 6 (31:30):
We got to take this carefully because it's a it's
an explosive topic here, shade you.

Speaker 5 (31:38):
Let me get this straight. You say about four years
ago you were raped.

Speaker 6 (31:42):
About four or five years ago, you were raped, and
you had a daughter as a result of this rape.
What I need to know is this were you Was
he ever criminally prosecuted for rape?

Speaker 5 (31:55):
Ever? This man who did this to you?

Speaker 15 (31:58):
He has not been Because I was so young at
the time, I had no idea what was going on.

Speaker 5 (32:04):
With my How old were you at the time.

Speaker 15 (32:07):
I was twenty when he first when I was first
found by him?

Speaker 6 (32:13):
Sir, how'd you meet this guy? How'd you meet him?
And what do you mean found by him? Explain those circumstances.

Speaker 15 (32:20):
I was twenty years old on a walk through my
community of Denver, a pre medical student on track at
the university, and he was also on a walk, and
he approached me and my dog. And at first I
continued to walk, but he was walking alongside of me,

(32:41):
and I continued to walk.

Speaker 5 (32:44):
And now, how old was this guy? You were twenty?
How old was this guy?

Speaker 15 (32:50):
I was twenty, he was thirty, okay?

Speaker 5 (32:54):
And you were walking your dog and you were approached
by this man.

Speaker 6 (32:58):
Was he a student or what was he?

Speaker 9 (33:02):
No?

Speaker 15 (33:02):
He at the time was a day trader with the
credentials to be a practicing dentist in the community of Denver, Colorado.

Speaker 5 (33:13):
He was studying to be a dentist, or already had
the credentials.

Speaker 15 (33:18):
Already had the credentials as a thirty year old in
the community.

Speaker 6 (33:21):
Of Denver, Okay. And did he practice dentistry ever?

Speaker 15 (33:26):
Yes, he went on to practice dentistry at many different
locations in Colorado.

Speaker 6 (33:32):
Okay, here's what I need to know, and I don't
want to use any names right now. When he raped you?
Did you this is a weird question. Did you have
a relationship with him? In other words, were you going
out with him? Were you dating him? Were you having
any kind of relationship with him?

Speaker 15 (33:52):
He continued to show up at my place to to
harass me and to send me multiple messages That was
unwanted contact from him. But he made it very clear
that his priority in life was to have a child.

Speaker 5 (34:09):
Okay.

Speaker 11 (34:10):
And so you.

Speaker 6 (34:14):
You say he raped you, Now this is a weird
another weird question, but I need to ask did you
have sexual relations with him before he raped you?

Speaker 13 (34:24):
Ever?

Speaker 5 (34:25):
Like, did you ever have consensual sex with him?

Speaker 15 (34:30):
Yes, we had consensual sex.

Speaker 6 (34:34):
Okay, But you also had this time where you got
pregnant and that time was not consensual. Is that what
you're saying?

Speaker 15 (34:42):
Yes, it was not consensual?

Speaker 5 (34:46):
Okay? Had you broken off with him or what do
you mean?

Speaker 9 (34:50):
Like?

Speaker 6 (34:51):
Like, like, what I mean is was it during your
relationship or was it after you had broken up with him.
When did this this uh happen? This involuntary or this
this unwelcome sex?

Speaker 15 (35:04):
We were not together, but we were still living in
the same.

Speaker 6 (35:08):
House, okay, and that's when he said that, when he
had sex with you and you told him not to
and you did not want to hold on.

Speaker 5 (35:18):
Okay, we're going to come back to you.

Speaker 6 (35:22):
Go with a sure thing Denver's Best roofer Excel Roofing
dot com. You don't pay a cent until you're content
of time for an insurance check up free no obligation
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dozens of insurance companies find out now three O three
seven to seven to one help. You'll think you're his

(35:43):
only customer when you choose Frank durand the real estate
Man dot com to list your home with Remax Alliance
three three nine two zero sixteen twenty two.

Speaker 13 (35:59):
NED so you don't have.

Speaker 8 (36:04):
Come running.

Speaker 4 (36:05):
Just as fast as we can.

Speaker 2 (36:08):
Shooter is gonna help.

Speaker 4 (36:10):
Come man, this is the Troubleshooter Show. No Tom Martine, Hey,
what's going on?

Speaker 5 (36:17):
I'm Tom Martino.

Speaker 6 (36:18):
Our phone lines we have one line open at three
oh three seven one three talk seven one three eight
two five five. John Fuller is with US attorney at law,
and when he's not here, he's at his office. You
can always call him up front for initial consultations before
you even hire him, or if you never hire him,

(36:39):
he'll talk to you. If most attorneys want you to
sign up or at least sign in no obligation with John,
and then if you do decide to hire him. People
doubt this when I say it, I get emails now
and then saying is that for real? He gives you
a cell phone number that you can call her text
at any time, and it's true. So when he's not here,

(37:02):
he's at three h three five nine seven forty five hundred.
I know Deputy Dmitri's on with a follow up, but
I want to go back to Shawday because we have
some very important questions and we'll have somebody look into it.
But for those joining us now, Shawdey said she was
at twenty. About four years ago, she was a twenty
year old medical student out walking her dog and was

(37:23):
approached by a thirty year old man, a dentist. She
started dating him. They eventually started living together, having consensual sex,
but then they broke up but were still living together,
and it was during this time she claims he forced
himself on her for sex and she got pregnant. The

(37:44):
daughter is now four years old. That brings us up
to today. So, shaw Day, was your daughter taken away
from you?

Speaker 15 (37:54):
Yes, my daughter was taken away?

Speaker 5 (37:56):
When was your daughter taken away? And why.

Speaker 15 (38:00):
I thought it was taken away from me? Strategically the
first time a year ago. During that time, there was
there was no reasoning. I refused to have sex with
Jason because I don't believe in sex out of the
marital status.

Speaker 6 (38:17):
But you were having You were having sex outside of
the marital status before she was born.

Speaker 5 (38:23):
You had other sex with him.

Speaker 15 (38:24):
Right, Yes, but it was not out of my own
free will.

Speaker 6 (38:29):
I wait, wait, so you're saying you never had you
were living with this guy and never had consensual sex
with him, or you did say you were having some
consensual sex earlier. I'm not trying to trick you, I'm
trying to get I'm really trying to hear the story.

Speaker 10 (38:46):
John.

Speaker 2 (38:46):
They didn't take your child because you refuse to have
sex with this person out of wedlock. So why why
was your child taken away from you. That's that's why
you're calling today.

Speaker 15 (38:57):
Yes, they he hired a team to process our separation.
He stated that the legal team was to represent us
both in the matter.

Speaker 6 (39:12):
And he was trying to get when he went to
a lawyer for your separation, I think he was trying
to get visitation.

Speaker 5 (39:22):
Wasn't he.

Speaker 15 (39:25):
He was trying to take my child and all of
her rights and my rights away from.

Speaker 2 (39:29):
They were trying to establish a real responsibility.

Speaker 6 (39:33):
So the dad, the dad wanted this biological dad wanted
full custody.

Speaker 2 (39:40):
Yes, and and why granted that?

Speaker 5 (39:44):
Why did he not want you to be the mother?

Speaker 15 (39:50):
If he cannot possess a woman, he does not want
anything to do with.

Speaker 6 (39:57):
But the law who took the child away from you?
By the way, was it Social Services?

Speaker 9 (40:04):
No?

Speaker 15 (40:04):
He just told me that I was not welcome to
live at home with my child anymore, that I needed
to go immediately and get a job. And while I
was away working a night shift at the hospital one night,
he took her away from me.

Speaker 5 (40:20):
And did he move away?

Speaker 15 (40:22):
I never saw her after that?

Speaker 5 (40:26):
How long ago was that?

Speaker 15 (40:30):
That was about a year ago? Was the first time
that he first took her away from her?

Speaker 5 (40:35):
Where where did he take her?

Speaker 15 (40:38):
I am not aware of where he took her.

Speaker 2 (40:40):
Did a judge give him parental responsibility? Did a judge
grant him custody of your daughter.

Speaker 15 (40:47):
Later after this incident? Yes, a judge granted.

Speaker 11 (40:52):
Him and I fifty got him and you.

Speaker 5 (40:55):
But the said fifty to fifty. I said fifty to fifty.

Speaker 6 (40:59):
So after he took your daughter away, you went to court?
Did you have an attorney?

Speaker 15 (41:05):
I did not have an attorney. We did go to court,
and I was not represented because he's very familiar with
how the legal system is.

Speaker 6 (41:13):
Your right, Okay. Rather than keep talking about what he did,
I need to know what you did when you went
to court without an attorney?

Speaker 5 (41:21):
Did you argue for yourself? Did the judge listen to you?

Speaker 15 (41:27):
I was very fearful because what they were saying I
had done was criminal and not something that I even
have the capacity.

Speaker 5 (41:35):
What did What did they claim you? What did he
claim you did?

Speaker 9 (41:39):
What?

Speaker 5 (41:39):
Tell me what the charge was?

Speaker 15 (41:42):
They claimed thirty five false allegations, including the domestic violence
from me to my child. Okay, So child abuse is
what you're saying, child abuse, child neglut, and child molestation.

Speaker 6 (42:01):
Okay, child abuse, neglect, and molestation. That's pretty serious. And
let me ask you something. Let me ask you something.
The court sided with him? Did they find you guilty?

Speaker 14 (42:13):
Do you know.

Speaker 15 (42:15):
Everything was completely unfounded with zero scientific basis.

Speaker 5 (42:20):
I understand.

Speaker 6 (42:21):
What I'm asking you is this, What was the outcome
of that trial where you found guilty?

Speaker 15 (42:29):
I was not found guilty, but he was awarded one right?

Speaker 5 (42:32):
Okay, got it.

Speaker 2 (42:34):
Initially the judge gave you fifty to fifty, but ultimately
the judge changed this year went to one hundred percent.
The dead.

Speaker 5 (42:42):
The man took her to court for these allegations.

Speaker 2 (42:45):
Okay, I'm good. How can we help you today? That's
really what this is all about, Like.

Speaker 5 (42:53):
What what do you want? I mean, have you been
fighting this for a year?

Speaker 15 (42:59):
Yes, I've been fighting us for two years actually because
he had when he met me, he said, I want
to I want to protect and provide for you. I
was living alone and he.

Speaker 5 (43:15):
Was just trying to get your pants. So I mean,
but what do we do? What do you mean by that? No,
what I'm saying is he wanted custody. Were you refusing?

Speaker 6 (43:25):
First of all? What's really muddying all these waters? You
guys were living together when did you stop living together.

Speaker 15 (43:33):
We stopped living together multiple times, but he continued to
show up at my place of residency and requests that
I moved back in with him every time, including after
I was impregnated and gave birth.

Speaker 2 (43:49):
Okay, but I mean the answer to your question today
is that you're going to have to have an attorney
on your side to petition the court to reallocate parental
responsibility to give you some right now to see and
participate in your daughter's upbringing. Us simplest, right now, you have.

Speaker 6 (44:05):
No rights right now according to the court. Did they
take all your parental rights away?

Speaker 9 (44:10):
No.

Speaker 15 (44:11):
I have the rights to day's time with her twice
a week, and when this call occurs, Jason strategically puts
me on a green screen and only shows his face,
which is very traumatic for me. Regardless of the fact
that the court order states that we must have a

(44:31):
proclamator present during these calls. I have not seen or
heard my daughter's voice in over six months, regardless of
the court orders, regardless of the evaluations with dias.

Speaker 2 (44:42):
Wait a second, Wait a second, that's not that that
can't be simply the case, because if he's not complying
with the court order. You have the right to go
back to the court and present evidence that he's not
in compliance and get a contempt against him.

Speaker 6 (44:55):
Yeah, but she'd have to have an attorney to Yeah,
she doesn't know how to do that. Okay, I mean, John,
you make it sound like, well she has to do
is go to the court and said she's got to
get an attorney. They say, he's got to get an attorney.

Speaker 2 (45:10):
But there are people that that that will help her,
and there are guardian at items for the child, and
if the child is a in a you know, you
can always look. There are thousands of people that go
into court pro sae meeting without representation on child custody issues.
You know, the court's deal with that all the time.

Speaker 5 (45:29):
Should they are?

Speaker 6 (45:30):
Are are you working right now?

Speaker 5 (45:32):
Do you have a job.

Speaker 15 (45:34):
I'm not working right now. I do not have a job.
I'm not employed, and I have many resources. I have
just received funding and sponsorship for legal representation.

Speaker 13 (45:48):
Good.

Speaker 5 (45:49):
That's really good. You're going to have to get a
lawyer there?

Speaker 6 (45:52):
Or the kid is?

Speaker 5 (45:54):
Where is the child?

Speaker 1 (45:55):
Now?

Speaker 5 (45:55):
What state?

Speaker 15 (45:57):
My child is located in Maryland?

Speaker 6 (46:00):
Where you're so he the father took her to Maryland? Yes,
why Maryland? Was he connected? Was he connected in Maryland somehow?

Speaker 15 (46:11):
Yes? His mother lives in Maryland and that's where he
first began practicing as a dentist.

Speaker 6 (46:17):
Okay, so, but he was granted one custody right he
did this legally? Yes?

Speaker 5 (46:25):
Okay?

Speaker 13 (46:25):
Now can I ask you a question, Tom Chuck Day?

Speaker 1 (46:28):
Are you.

Speaker 12 (46:30):
Disabled or is that who? You're not working? Are you
able to care for child physically?

Speaker 6 (46:37):
Yes?

Speaker 15 (46:39):
She will need a lot of therapy.

Speaker 5 (46:41):
Though, Why why are you not working?

Speaker 13 (46:44):
Are you looking for job?

Speaker 15 (46:47):
I am a student of medicine.

Speaker 5 (46:53):
Oh, so you're going to school correctly, Yes, at c Denver.

Speaker 6 (46:58):
Okay, this you do know, Shade, You're going to have
to find an attorney in Maryland to fight this or
would it come back here?

Speaker 5 (47:07):
Would in Maryland or here?

Speaker 15 (47:09):
Yeah? The case is still open and ongoing in Colorado
because I have attempted to file many many motions the court,
the magistry, and the judges. Unfortunately, we've We've faced many
different judges, many different magistry in this case.

Speaker 1 (47:27):
And no matter what I.

Speaker 15 (47:31):
Say to her, no matter what I show to her, Unfortunately,
I've made many mistakes in my filing motion and so
I've had to refile.

Speaker 5 (47:38):
Many times, but you have you have the ability to
get an attorney now right.

Speaker 9 (47:44):
Now?

Speaker 15 (47:45):
Yes, I do, and I believe you could have a
Bonnie Shield this week.

Speaker 5 (47:49):
Do you think Bonnie can take to handle something like that?
Of course Bonnie could handle something like this. Okay, we
do have a recommendation if you want to call somebody.

Speaker 15 (48:00):
If I would be honored?

Speaker 5 (48:01):
Okay, uh Kaschina hold on one second? Shoulday? Can you
give her Bonnie Shield's phone number? Please? This is maybe
we get Bonnie on.

Speaker 6 (48:11):
Yeah, let's try to get Bonnie on too. I'm want
to go to uh, Teresa and Dmitri coming up. If Teresa,
if you could just hang there Dimitri who wants to
talk about this update on a very interesting call we
had last week, so stay tuned for that. Go with

(48:32):
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(48:53):
choose Frank durand the real estate Man dot com to
list your home with Remax Alliance three three nine two
zero sixteen twenty two.

Speaker 5 (49:06):
Hi Tom Martine here, Welcome to the show.

Speaker 6 (49:10):
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(49:33):
h three nine zero four two thousand, nine zero four
two thousand. So I have to go to Bonnie Shields.
She's on right now, an attorney at law who does
family law. And Bonnie, this is I and I was
talking to John Fuller off the air. We were discussing
this so many times when you get into child custody,

(49:55):
there are charges back and forth, going right back to
when she got pregnant. She was claiming the sex wasn't
consensual and that she was raped and that now he
took the child.

Speaker 5 (50:08):
But here's the bottom line.

Speaker 6 (50:10):
As far as the courts know, as far as the
courts know she's an unfit mother because they took the
child away for neglect and abuse, and he got one
hundred percent custody. Now she claims all kinds of stuff
before that that we really I have nothing to do

(50:31):
with what's going on today. What's going on today is
he took her out of state. He's living in Maryland.
The case is still opened in Colorado, but he got
one hundred percent custody and the only thing she's entitled
to by the court order, she said, our two FaceTime

(50:53):
phone calls per week, which he is not complying with.
He's not letting the daughter face time time. So what
do you do when you have a situation like this?
And shaw Day says she doesn't believe it's fair, it's

(51:13):
just it's right, and she wants the courts to take
another look at it. How do you get that done
when he's in Maryland?

Speaker 9 (51:22):
Well, I mean if the court, I mean, if the
case is still open here, yes, she could try to
modify it, but you know, when he gets more that
she's trying to modify it. If he's if the kid's
been living in Maryland at least six months, he's going
to try to get the case moved to Maryland. Then
at least a case of regarding parenting time, that's probably

(51:44):
going to get moved because Maryland would then have jurisdiction. Normally,
after child's been there six months, I don't know how long,
how long has he been there?

Speaker 5 (51:53):
How long shaw day has he been in Maryland.

Speaker 15 (51:57):
This is precisely his strategic approach. He's I had in
Maryland for about four months and has already begun filing
in the state of Maryland. They have the dismissed his case.

Speaker 5 (52:06):
On a no, no, what is that you? I don't
know what you just said.

Speaker 2 (52:10):
She hasn't been there long enough.

Speaker 5 (52:12):
For okay, So he's trying to get it moved to Maryland.

Speaker 13 (52:15):
Is that right?

Speaker 5 (52:15):
Shaday? And that would happen in two months, Bonnie, two
more months. You're gonna do something.

Speaker 9 (52:23):
Do it now, because Colorado has jurisdiction now, and if
they're in the middle of things when that six months
comes up, generally, generally the judges would get together on
the telephone and decide who's going to take jurisdiction right
now and if if you's got to matter that's already
on the you know, in process in Colorado. I would

(52:44):
think that it may stay here at least until that
matter is concluded.

Speaker 7 (52:48):
Hey, Bonnie, if we promised that, But Bonnie, if we
got you a case number, could you look at that?
She finally has resources to hire an attorney. She was
trying to do this on her own, but now she
has resources. If you look at the case, can you
see if just give a blush of what's going to happen,

(53:08):
will it stay here?

Speaker 5 (53:09):
Will she have to go to Maryland?

Speaker 9 (53:12):
I don't know if I could see that, but I
could see what's happened. Something really huge has happened, because
this almost never happens where a parent has no parenting time.
I'm guessing Department of Human Services was involved?

Speaker 8 (53:23):
Is that right?

Speaker 6 (53:25):
Shaw Day? Did the Department of Human Services get involved? Yes?

Speaker 15 (53:31):
And there I have complied with all orders necessary with
the Department of Human Services at all levels, and they
have not found evidence that is strong enough or scientifically
based to support their alleged claims.

Speaker 6 (53:53):
And you say scientifically base, you're talking about specifically the
molestation claims, all.

Speaker 15 (54:00):
Of their claims. There have been absolutely no blood test
or brain mapping evidence, truth based, not just hearsay to
provide then what.

Speaker 5 (54:13):
Did the courts use for their basis?

Speaker 6 (54:15):
If they had no evidence, why did they take away
all of your parenting rights?

Speaker 15 (54:21):
In the United States, you may pay for whatever service
you desire. You may hire a legal team and formulate
chaos if you desire to formulate chaos and hatred.

Speaker 6 (54:35):
You're saying because he had money and means, he was
able to hire an attorney to get this done, but
they still have to have evidence. You know, there must
have been some evidence of some of this stuff in
order for your parent your parenting rights to be taken away.

(54:57):
They didn't take.

Speaker 9 (55:00):
Huge for this to happen, really, and.

Speaker 6 (55:03):
Especially to let him take the baby out of state
as well. So you see what we're saying, shaw Day,
is that, no matter what you think in your opinion,
the courts do not take this stuff lightly. That there
would have had to have been some evidence for them

(55:23):
to do what they did, and you're claiming there was
no evidence whatsoever none?

Speaker 5 (55:28):
Is that what you're claiming? Yes, what exactly did he
allege that you did? He molested and abused and also neglected.
But I'm saying, like, what like punched the child?

Speaker 6 (55:43):
Yeah, I mean they are they saying that you.

Speaker 15 (55:46):
Beat the child, they said thirty five plus Paul's allegations
him and his mother pours a story together and like
this family has a history of taking their own family
to court.

Speaker 6 (56:03):
Well that doesn't matter. None of that matters. All of
the stuff outside of this case does not matter. Do
you want you want to give the case.

Speaker 7 (56:11):
Number off air so we can give it to Bonnie
so she can look at it and then come back
with some better advice.

Speaker 15 (56:19):
Yes, I would, all right, all right.

Speaker 6 (56:21):
That's what we're gonna do. Thank you shaw Day. Saw
Day's got an uphill battle right here. But uh, she
did get a grant somehow for these legal fees. So anyway,
I'm curious what Bonnie has to say after she pulls
the case, right, So let's get that case number over
to Bonnie. I'm Tom Martine. Three oh three seven one

(56:43):
three talk seven one three eight two five five, Deputy D.
We're not gonna take We're gonna take it right after
the Breakboad.

Speaker 5 (56:51):
I need to know is.

Speaker 6 (56:53):
That this is about the surge. What when was this call?
I'm trying to find it, Tom.

Speaker 3 (57:01):
It came in on Monday the first, and that's when
you and I and Bob Logan were at the other
studio working the show.

Speaker 5 (57:09):
By the way, is this the one with this surge
you rally? She paid twenty three grand.

Speaker 3 (57:15):
Yeah, that's the one. It's some kind of a real
estate investment program.

Speaker 2 (57:19):
Okay, surge you all.

Speaker 5 (57:21):
Right, hold on and we'll come back to this. She
claims she didn't get his money's work. We'll talk about
that in more.

Speaker 6 (57:27):
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(57:48):
when you choose Frank durand the real estate Man dot
com to list your home with Remax Alliance three all
three nine two zero sixteen twenty two. Hi Tom Martino here. Okay,
so here's what we're going to do. We're going to

(58:10):
bring up Deputy Dmitri. We appreciate you being here, and
d we have Teresa and Teresa paid twenty three grand.
Here's the bottom line. She paid twenty three grand for
an educational course. She said wasn't worth the money. She
didn't like it. She was pissed off and wanted her
money back. And she said something about it being faith based. Right,

(58:30):
I remember something about that, and it was a Surge
rally and it was about real estate. But we asked
you to look into it, d what did you find.

Speaker 11 (58:43):
Well, I did look into it, and it is a
faith based kind of.

Speaker 3 (58:47):
A very religious organization that combines these, you know, very
extravagant church like services, like these rallies, along with you know,
recruitment efforts. And it's still not very clear to me
what exactly they do, but but it seems to have
something to do with real estate investment training. Now, Teresa

(59:07):
paid a little over twenty three thousand for it just
a few weeks ago. And the thing that really concerned
me the most is that she said she went into
debt to do it.

Speaker 6 (59:17):
Well, they got her hooked up, she said, on some
credit cards, and they actually found her some credit cards.

Speaker 5 (59:24):
And by the way, yeah, we're not saying. Here's what
it says.

Speaker 6 (59:27):
If you look it up online, Surge you faith based
education to multiply your income. That's really that's really what
they and they have a website, surge you dot com.

Speaker 5 (59:40):
And as I remember, what we were gonna.

Speaker 6 (59:43):
Do d is just say, look, the woman just she's
you know, can't she just get her money back?

Speaker 5 (59:48):
She hasn't used the system. Can she just get her
money back?

Speaker 6 (59:53):
Yeah?

Speaker 3 (59:53):
So I spoke with him. I actually spoke with a
guy who's I think he's their national sales manager, and
he seemed to be pretty concerned with her concerns over
this matter, and he said he's going to look into
it and kind of evaluate her needs and their refund.

Speaker 11 (01:00:08):
Policy, and he said that he's going to get in.

Speaker 3 (01:00:11):
Touch with Teresa. So my understanding is he did get
in touch with Teresa, and I believe.

Speaker 6 (01:00:16):
That Teresa is on the other line.

Speaker 5 (01:00:17):
What's going on, Teresa? What can we what can we
hear from you on this? Teresa? Oh, it's me, it's
my fault. No, she's up. She's up, Teresa. Are you there?

Speaker 9 (01:00:33):
Can you hear me?

Speaker 5 (01:00:33):
Yes?

Speaker 6 (01:00:34):
I can?

Speaker 5 (01:00:34):
Now go ahead, Teresa.

Speaker 16 (01:00:36):
Sorry, thank you, thank you guys for having you. Guys
are amazing. I tried to communicate with this guy and
he did talk to me, but then he would ghost me.

Speaker 15 (01:00:45):
So twice.

Speaker 16 (01:00:46):
He had ghosted me, and I had texted him and
called him and he wasn't responding to me. So whatever
Dmitri did or how well, whatever he said to him,
this guy basically just called me and said, Hey, what
do we need to do? And I was like, uh, yeah,
you were supposed to send me a.

Speaker 15 (01:01:01):
Check already, but I haven't received.

Speaker 16 (01:01:03):
They were supposed to send me another contract design. I
don't know what that contract was going to say. But
so they're basically just complying and doing that.

Speaker 15 (01:01:12):
So thank you, thank you.

Speaker 6 (01:01:14):
You haven't gotten your you haven't gotten your money back yet, right.

Speaker 16 (01:01:18):
No, they say they're sending a check.

Speaker 5 (01:01:20):
Okay, well let's wait then, and that's good. That's good.

Speaker 6 (01:01:24):
And again, Teresa, like I said, I think you leaped
before you thought.

Speaker 5 (01:01:28):
On this thing.

Speaker 6 (01:01:30):
You were hoping to, you know, make some money on it,
and uh, and you were really worked up. And as
I I'm reading about this, and I'm not I'm not
saying there's anything wrong with it, but as I'm reading
about this, and Deputy d touched.

Speaker 5 (01:01:43):
On it a bit, they do have rallies.

Speaker 6 (01:01:47):
I mean they're they're kind of like almost like a
faith rally and it's about increasing income.

Speaker 5 (01:01:54):
And they do a lot.

Speaker 6 (01:01:55):
They they hire a lot of people, a lot of
celebrities and people to speak at these things, and they
try to get you to sign up for these courses. Basically,
they have a real estate course, a trade course, a
life course, they have a business surge impact class. They

(01:02:18):
have all kinds of classes, all kinds and it's amazing
how many.

Speaker 5 (01:02:23):
Classes they offer.

Speaker 6 (01:02:25):
And they say they're faith fueled experiences that move you forward. Again,
all we know is that you you know, you had
buyer's remorse. You didn't really experience them one way or another. Right,
I want to make that clear. It's not like you
took this course and we're disappointed with it. You just
decided you made a mistake.

Speaker 5 (01:02:44):
Is that right?

Speaker 16 (01:02:46):
Well, I was actually sick when I went to the
first event. I had just gotten out of the er,
so I was barely there. I was able to take
some notes, but not very much. I was just half
a sleep, so I was sick already. Basically, I just
got sick enough that I realized I need to move

(01:03:09):
from here, so I could not take part of in
the classes because they are here, not where I'm going to.
I'm going to Tennessee. I'm in Colorado, so trying to
They've tried to skettle me for classes here in Colorado,
but I'm literally leaving on Saturday to get out of here. Okay,
all right, Well there's a combination at a combination, yes.

Speaker 15 (01:03:33):
And Tom.

Speaker 3 (01:03:33):
At no point in my research I find any evidence
or even allegations of wrongdoing on the part of Surgeu.
It just seems like it wasn't the right thing for
Teresa at this particular point in time. And I'm just
I really do want to give them props for being
so flexible and committing to earlier this morning, committing to

(01:03:54):
refunding Teresa's purchase price. So I think that they just
did a great job of it.

Speaker 5 (01:03:59):
Yeah, we appreciate it.

Speaker 6 (01:04:00):
And I want to read what this says, if you
look at about it says, we believe your business investments
and influence can do more than build wealth. They can
advance the Kingdom of God. We equip purpose driven believers
with biblical wisdom and practical strategies to grow with integrity,

(01:04:23):
lead with experience or with excellence, and make a lasting impact. Again,
you know, they're all that's a lot of effort and
again I'm not. I'm not saying one way or another,
I have no I have zero knowledge of them, by
the way, zero knowledge. But it is something that is
a lot of people are apparently pleased with. And again

(01:04:44):
Teresa had some buyer's remorse on it. Thank you very much,
Deputy D. We appreciate it. Jim's got a question on unemployment.
Let's see, Jim, what is your question on unemployment?

Speaker 17 (01:04:57):
Yeah, so my my son though was.

Speaker 18 (01:05:01):
Very quickly was working for someone for budd a year
and then took another job, better pay, et cetera, et cetera,
and he got laid off like within three months. So
he went to get unemployment because he couldn't find work. Yeah,
and uh yeah, I'm sure you heard the story.

Speaker 1 (01:05:21):
A million times.

Speaker 17 (01:05:22):
And all they did was put him off. Put them off.
You can't they don't answer the phone.

Speaker 5 (01:05:26):
Who did? Who are you talking about the unemployment office?

Speaker 1 (01:05:30):
Yeah, what do you mean?

Speaker 5 (01:05:31):
I hear the absolute opposite. What do you mean saying?

Speaker 6 (01:05:34):
What do you mean they put them off? I don't
understand they put them off. They don't care about on them.
I mean it's not like they make money.

Speaker 2 (01:05:40):
File.

Speaker 5 (01:05:40):
Yeah, well, you don't need to talk to anybody to file.

Speaker 17 (01:05:45):
Well, he filed, and then they got the bottom line
is here they got back.

Speaker 18 (01:05:49):
Tom told me he didn't qualify.

Speaker 17 (01:05:51):
Oh okay, because he got He left his other job
for this job. He got laid off on it. And
they went back to the previous employer before the for
the job he got laid off on, and they for
whatever reason, because he didn't get laid off or anything,

(01:06:11):
he quit that job for a better job, and they
can't collect unemployment.

Speaker 2 (01:06:18):
All right, is something's wrong here?

Speaker 5 (01:06:20):
Well, so let me get this straight.

Speaker 6 (01:06:23):
He would have gotten unemployment if he was laid off
or fired, but he quit his previous He quit his
previous job and to get this new job, right right,
But he wasn't.

Speaker 5 (01:06:37):
And at the new job, did he quit or was
he laid off on the new job?

Speaker 17 (01:06:41):
He was laid off on the new job.

Speaker 5 (01:06:43):
Okay, got it. So here's what they do.

Speaker 6 (01:06:46):
They go back to the laying off part, and that's
a that's what you qualify if you're laid off. However,
because he hadn't worked there long enough, he didn't qualify,
and he wouldn't have qual He wouldn't have qualified at
his old job either. If he left, he would only
qualify if he was laid off.

Speaker 5 (01:07:07):
Was he going to be laid off at his old job?

Speaker 9 (01:07:11):
No?

Speaker 5 (01:07:12):
Okay, see, so he made a bad choice. I understand
what you're saying. Well, here's what they're saying.

Speaker 6 (01:07:18):
They don't want to count that job he had before
this one because that job did nothing wrong. They're not
going to charge their unemployment insurance because that job has
a job for him and he quit, so that he
doesn't qualify under.

Speaker 5 (01:07:34):
That particular job.

Speaker 6 (01:07:35):
They go back to You have to have a certain
number of months of employment to qualify.

Speaker 7 (01:07:41):
Here's what I'm reading about it though, So I'm not
understanding what's going on.

Speaker 5 (01:07:45):
You have to have a certain number of months for unemployment. Well, okay,
how long did he work at? How long did he work?

Speaker 6 (01:07:51):
From?

Speaker 2 (01:07:52):
Understood?

Speaker 5 (01:07:53):
Hold on?

Speaker 6 (01:07:53):
Hold on?

Speaker 5 (01:07:54):
Go ahead?

Speaker 14 (01:07:54):
Mark?

Speaker 5 (01:07:54):
How long did he work at the old company?

Speaker 2 (01:08:00):
About nine months I think it was.

Speaker 5 (01:08:01):
And then how about before that, prior to.

Speaker 18 (01:08:07):
That, you know, I'm not sure, maybe a year.

Speaker 7 (01:08:12):
But if you quit any previous joluntarily leaving a job
typically disqualifies you, right from benis benefits based on the
separation right However, Okay, if you leave a job for
a different offer, we're going.

Speaker 5 (01:08:28):
To the next excuse, Hold on, I'm not sure I
understand that.

Speaker 6 (01:08:35):
Go with a sure thing Denver's Best roofer Excel Roofing
dot com. You don't pay a cent until you're content.
Time for an insurance check up free no obligation comparison
call Compass Insurance paying too much your coverage at dozens
of insurance companies find out now three oh three seven
to seven to one help. You'll think you're his only

(01:08:56):
customer when you choose Frank durand the real estate Man
dot com. List your home with Remax Alliance three oh
three nine two zero sixteen twenty two. Hi Tom Martinez,
Hero Okay, Jim, Jim you the way Mark is reading
this and the way I just looked at it. He

(01:09:17):
should be eligible if he left the previous job.

Speaker 7 (01:09:19):
For a better job, and he the other qualifications are
twenty five hundred dollars in the last three or four
quarters total pay.

Speaker 6 (01:09:30):
So I don't understand why they're saying he's ineligible. He
quit his previous job to get a better job.

Speaker 5 (01:09:38):
Right, and never went on unemployment, right, And he didn't
go on unplayment.

Speaker 6 (01:09:41):
He just quit and went to a brand new job
and was laid off after three months.

Speaker 5 (01:09:47):
That's right, Well, something's wrong. Yeah, you just got to
appeal it.

Speaker 6 (01:09:53):
I mean, according to the rules themselves, as long as
he had enough work history and he did and leave,
and he left the job for a good reason, which
is to get a better job, then he should be
he should be covered. And don't we still have that
contact there? Do we still have a contact?

Speaker 5 (01:10:11):
Yes, we do. Hold on, we know the main dude, Yeah,
we got the main dude there.

Speaker 6 (01:10:15):
Hang on, Go with a sure thing Denver's Best roofer
Excel Roofing dot com. You don't pay a cent until
you're content. Leave time for an insurance check up free,
no obligation comparison call Compass Insurance paying too much your
coverage at dozens of insurance companies find out now three

(01:10:37):
O three seven to seven to one help. You'll think
you're his only customer when you choose Frank durand the
real estate Man dot com to list your home with
Remax Alliance three oh three nine two zero sixteen twenty two.

Speaker 5 (01:10:53):
Rip so you don't have.

Speaker 2 (01:11:01):
Come running, Just as as a cam shooter's gonna help come.

Speaker 4 (01:11:07):
Man six is the Troubleshooter show. No Tom Martino.

Speaker 6 (01:11:13):
Hey, I'm Tom Martino. Welcome to the show. Fighting for
you forty five years in Denver on the air, recovering
millions of dollars in cash, merchandise, exchanges, refunds and services
and what's on your mind. Listen, Don't let people take
advantage of you, don't let them lie to you, rip
you off, don't let them just put you off.

Speaker 5 (01:11:35):
That's the main thing. Many times they put you off.

Speaker 6 (01:11:39):
And delay it because the farther you get away from
the problem, the harder is for you to solve it.
So the question here is not whether you should call
or not. You should right away. Three zho three Martino.
You can call twenty four to seven three oh three
six two seven eight four sixty six. And by the way,
this hour brought to you by waterpros dot net. You
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(01:12:22):
eight six two five five five four. Okay, listen, uh shawday,
did we have Bonnie back. We're gonna get Bonnie back
on this.

Speaker 5 (01:12:31):
She reviewed the case. Number, she did review the case.

Speaker 6 (01:12:34):
Okay, so we're going to talk about that, and of course, uh,
we'll go back yesterday.

Speaker 5 (01:12:40):
Well, okay, go ahead. What do you got going on?

Speaker 6 (01:12:42):
Doc Deputy docks with us, and we got John Fuller
from Fuller Law, the military attorney ahead.

Speaker 13 (01:12:47):
Mary was concerned that a doctor gave her and.

Speaker 5 (01:12:51):
You might, no, it wasn't.

Speaker 6 (01:12:53):
It was a guy.

Speaker 5 (01:12:54):
I think it was a calcium, right, somebody gave her.

Speaker 13 (01:12:58):
I thought it was a doctor.

Speaker 5 (01:12:59):
The case called about her husband, right.

Speaker 6 (01:13:01):
She said that they gave her husband a prescription, not
a prescription, but orders to take thirty four hundred milligrams
of calcium per day. Correct, And she said it landed
him in the hospital. She wanted to know, isn't that malpractice?

Speaker 13 (01:13:17):
Well, here's the thing.

Speaker 12 (01:13:18):
You said, it takes a lot of money to do
my practice case, which is true. But John will backed
me up on this. I hope that if she sends
a letter to the Medical Board they will issue to
the doctor what's called the thirty day letter. He has
thirty days to reply to her complaint, and almost automatically,
the insurance attorneys will review that letter to make sure

(01:13:41):
that it's appropriate for the complaint. Many times, if it's COPIC,
they will just pay for the hospital bill.

Speaker 5 (01:13:47):
Well, when you say COVID, just start talking.

Speaker 12 (01:13:50):
Copic is the insurance carrier from about ninety something percent
of doctors in Colorado. So if they review it and
find that there was some kind of negligence, they won't
pay for pain and suffering. But very often they'll or
they will offer to just make the hospital and doctor
bills go away. So I would suggest to Mary write
a letter to the board and see what happens.

Speaker 13 (01:14:12):
You have nothing to lose.

Speaker 5 (01:14:14):
Do our boards really take complaints seriously?

Speaker 12 (01:14:17):
The Colorado Medical Board I've been, I've had letters the
things you wouldn't believe.

Speaker 5 (01:14:22):
Yeah, well, being in maternity, that's something no.

Speaker 12 (01:14:25):
But I'm talking about ridiculous things like telling a patient
she had the sister size of a Volkswagon.

Speaker 13 (01:14:31):
Or I got called out once because.

Speaker 12 (01:14:35):
There's a test that you have to give to somebody
who's had a certain kind of pregnancy. The kid was
fifteen years old, and she needed this blood test to
make sure that the cancer hadn't spread to her lungs.

Speaker 13 (01:14:48):
Her mother wouldn't do it. I tried certified letter. I
called it work.

Speaker 12 (01:14:52):
She called the board because I was quote harassing her
about her daughter.

Speaker 5 (01:14:56):
Oh my goodness, and you were just trying to save
her life.

Speaker 13 (01:14:58):
Right if they can't hasped twelve lines.

Speaker 6 (01:15:01):
You can't ignore that all right now. Bonnie Shields is
a tive. Bonnie Shields is an attorney at law Family Law.
Been with us for years on referral liss dot com
and it's been on the show.

Speaker 5 (01:15:12):
And anyway, we have.

Speaker 6 (01:15:15):
We have a case where shaw Day says, you know, uh,
she had a toxic relationship basically with a guy, that's
all you can call it, a toxic relationship. And as
a result, she got pregnant. And that was four years ago.
She got pregnant, she had a.

Speaker 5 (01:15:31):
Baby recently the guy or a year ago.

Speaker 6 (01:15:34):
The guy took the baby away in court by alleging abuse,
neglect and all kinds of bad stuff, I mean, you know,
like molestation.

Speaker 5 (01:15:46):
Anyway, he was granted one custody.

Speaker 6 (01:15:50):
Shawde said they had absolutely no evidence whatsoever, and it's
just because he could afford a good legal team that
this happened, and we said, we need to look in
to this case further. So we asked Bonnie Shields, have
we got the case number? Because she look at the
case and let's talk about it. Bonnie.

Speaker 5 (01:16:09):
Yes, what did you find out about the case?

Speaker 9 (01:16:13):
Well, this losing the custody didn't just happen. In July
of last year, twenty twenty four, the father filed a
motion to restrict parenting time because of allegations he was
making against mom and things that he'd seen her do
that sort of thing, right, And the court did restrict

(01:16:35):
her time at that time, and she's been restricted actually
since then. I've enough time to read all of it. Well,
some of it feiled and I can't read it. But
what I can tell you is that after that happened,
there was a child Family investigator appointed, which is the

(01:16:56):
neutral party. He goes in and it talks to everybody
and tells there's what I think. Yeah, and that person
didn't find that there'd been any domestic violence on the
part of the father, but there had been domestic violence
on the part of the mother, and some of the
things she even admitted, and.

Speaker 5 (01:17:14):
That's domestic violence of her against the guy, right right.

Speaker 9 (01:17:18):
And then they also the child family investigator also found
that there had been child abuse on.

Speaker 11 (01:17:23):
The part of mother.

Speaker 6 (01:17:25):
Really, so yes, did they say did they say what
the evidence was or anything like that because she said
they didn't have any evidence.

Speaker 9 (01:17:33):
Well, I do a lot of c if I work,
and there's got to be something, And you're right, there's
rarely a photograph or you know, an or a confession
or something. But you you add one and one together
and usually you come up with two. And I don't
know what evidence she had.

Speaker 6 (01:17:52):
Those reports are sealed, Okay, I say.

Speaker 9 (01:17:55):
I can't read what the c if I said. But anyway,
the see if I found that there had been child.

Speaker 5 (01:18:01):
Abuse and so, and that would be big enough. That
would be a big enough reason to take away her
parental rights.

Speaker 9 (01:18:10):
Yeah, allegations were pretty serious. And then the court ordered
the mom in this case your caller, yes, have a
psychological examination done earlier in twenty twenty five, I think,
and ordered a specific person to do it and what

(01:18:30):
kind of evaluation it needed to be, and said, hey,
if that person, if mom had moved, or if that
person's not available, then they set parameters, and so the
ear caller hasn't. It looks like they haven't complied with that.
They went and they were also supposed to. They want
to use somebody different get approval from the other side,
but they didn't. She didn't. She just went and had

(01:18:52):
somebody do it. That looks like maybe that person didn't
have the expertise it was supposed to happen. Doesn't look
like maybe it was done properly. That's not what the
court was looking for. So and your caller has already
filed a motion to modify because I could see that.
The other side filed a response to it on November eleventh.

(01:19:16):
Okay file your caller filed on ten twenty eight to
modify the parenting time. She filed a few things, and
so that motion to modify. The judge hasn't made any
rule on it. Usually on motions to modify, usually the
route is they make you go to mediation and then
they have a hearing if you didn't resolve it. In

(01:19:37):
this case, some of her things have just been flat
out turned down because she's not following procedure correctly. Yeah,
so I don't know what if the judge will do that.

Speaker 1 (01:19:51):
Rule on it or what.

Speaker 9 (01:19:53):
I can tell you that one of the judges has
been involved I'm not familiar with, and another one is
really highly respected. One of the ones that's been on
the case. I didn't look to see if those who
did what order, and it's time to do that. But
so also the judge was order. When the judge gave

(01:20:14):
an order recently saying that the father could move out
of state, they ordered him within ninety days to have
this case move.

Speaker 5 (01:20:23):
Oh they did. So they don't want it. They don't
want it here.

Speaker 9 (01:20:27):
They want where the kid is.

Speaker 5 (01:20:29):
So what will happen to her motion to modify?

Speaker 9 (01:20:34):
I don't know because it hasn't been moved yet. There
would be some indication in here. I would think, okay,
and I oga see if I could find it.

Speaker 6 (01:20:46):
But yeah, so right now she has a motion to modify,
but he was ordered to change venue. So what if
they they're going to crisscross? It seems like it sounds
like I'll bet you Colorado won't hear the motion to
modify because he's moved out of state.

Speaker 9 (01:21:06):
Yeah, I don't know. I mean, the other state doesn't
have jurisdiction yet, so I don't I don't know if
Colorado will do with it. I think there's a chance
they may just dismiss it because she didn't follow procedure.
You have to confer with the other side before you
file emotion, and she's been told this many, many times,
so it's a case of word that judges. It sounds
like the judges may be no longer going to just

(01:21:28):
excuse it because she's a pro state party, because now
she's unnoticed. You can't file emotion unless you confer and
she did it again.

Speaker 6 (01:21:36):
Okay, gotcha, So we appreciate this very much. Bonnie Bonnie Shields.
By the way, she's at three oh three, five nine sept.
Excuse me, that's that's John Fuller.

Speaker 5 (01:21:49):
Bonnie. What's your phone number? I'm sorry, I don't have
it in front of him.

Speaker 9 (01:21:51):
It's three oh three seven ninety eight, nineteen twenty.

Speaker 6 (01:21:54):
Seven, seven nine eight nineteen twenty seven. Bonnie Shields. Well,
thank you very much. Now here's the deal. Uh Shawday.
I don't know if you heard that, but the courts
ordered him to change venue back to where he lives
and U or where he is living now.

Speaker 5 (01:22:11):
So I have a feeling your motion to modify is
not going to.

Speaker 6 (01:22:14):
Go anywhere, and you're going to have to wait for
Maryland to pick it up and get an attorney out there.

Speaker 5 (01:22:19):
That's what it sounds like.

Speaker 15 (01:22:23):
So that's very instance. The orders that were in place
for a psychological evaluation, they were not qualified to do
the evaluation based on the consultation that I had with
the mental health counsel. So I had to to confer

(01:22:46):
with another council to evaluation.

Speaker 6 (01:22:49):
Yeah, but you have to get the approval. You got
to get the approval before you just change agencies. If
they ordered you to get an evaluation and you just
decided to get it from somewhere else, you got to
go approval from the court for that.

Speaker 5 (01:23:01):
You can't just go ahead and get it anywhere.

Speaker 15 (01:23:03):
You want, which I attempted to do on multiple accounts,
but I hadn't heard anything back.

Speaker 5 (01:23:10):
Given I am pro se, and I then shaw Day,
that's going to be the problem. You need to get
an attorney, and you need to get one in Maryland
pretty quickly, you really do. We did what we could
on the case.

Speaker 6 (01:23:22):
And found out that they did indeed have evidence of
abuse according to them. You're just going to have to
challenge all of this and that's right now going to
be transferred to Maryland. Tom, I got to take a break.
But you have a question about moving a car. Let
me ask you where are you moving from? Where to where?

Speaker 10 (01:23:39):
Connecticutte, Little Tim?

Speaker 5 (01:23:41):
And what kind of car is it?

Speaker 6 (01:23:43):
Is it a luxury, beautiful car or something that can
be driven or do you want something that's trailered.

Speaker 10 (01:23:49):
It's my mom's card. We had to put her in
a nursing home. It's Hyundai Alantra. Okay, twenty thirteen, about
fifty thousand miles.

Speaker 6 (01:23:59):
Okay, So in other words, there are you drive transports?

Speaker 5 (01:24:06):
Let me just explain this to you, Tom.

Speaker 6 (01:24:08):
One of the best ways to transport a car like
that is to hire somebody here to just fly out there,
pick it up, and drive it back. Car transporting companies
for an older car like that, they they can get
pretty pricey. You're not going to have it done for
less than probably eight hundred dollars.

Speaker 5 (01:24:29):
Maybe more.

Speaker 6 (01:24:31):
Usually car transporting companies are reserved for cars that need
kind of covered storage or stuff like that. Have you
looked into any of any of the ideas of having
somebody just fly out and get it, or is one
of the relatives driving it back and you fly them
back home.

Speaker 10 (01:24:48):
My brother thought about driving it to here and spend
a little bit of time here in Colorado.

Speaker 5 (01:24:54):
I get talk to Rod though.

Speaker 10 (01:24:55):
With JFR cars, yes, and I'm just waiting for a
return call. I would just want And if you've maybe
had more than one.

Speaker 6 (01:25:01):
Well we do. But we do have companies I do
that I personally use. They're not on the referral list.
One of the reasons they're not is because they don't
really need the work. I mean, to be honest with you,
that's one of the things. So I've given out their
numbers so many times. But again they're they're they're usually
for better cars, so I'm not sure that they're going

(01:25:26):
to they're going to be right that. I don't think
they're going to be what you want, is what I'm saying.
Let me just one is called JS Auto Transport, and
that's seven seven four eight eight excuse me, eight five
five seven seven four eight five five fourteen seventy three.

(01:25:48):
That's JS Auto Transport. That's one of them.

Speaker 13 (01:25:53):
Okay.

Speaker 5 (01:25:54):
The other one is Baha.

Speaker 6 (01:25:57):
And Baja uh Auto Transport is eight three oh three
eight seven to two thirty six seventy two.

Speaker 10 (01:26:12):
But and Tom, can you repeat the number for JS Autoah.

Speaker 5 (01:26:16):
I'll do it, We'll do I gotta do it off
the air bro Okay, just hold on.

Speaker 6 (01:26:24):
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Speaker 2 (01:26:44):
Help.

Speaker 6 (01:26:44):
You'll think you're his only customer when you choose Frank
durand the real estate Man dot com to list your
home with Remax Alliance three oh three nine two zero
sixteen twenty two. Hi Tom Martino, you're a troubleshooter. You know,
this time of year we start thinking about renewal and

(01:27:06):
stuff like that. So I wanted to just tell you
about Denverregen dot com. They do stem cell therapy. Now,
we've talked a lot about them in the past for
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kind of thing. And they also do that weight loss
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pennies on the dollar compared to the competitors or to

(01:27:27):
the doctors and pharmacies and all that. So you can
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cell therapy is still one of the forefront is the
forefront of what they do for painful joints and tendons.

Speaker 5 (01:27:39):
You don't have to live with it. They've done a
wonderful job for me.

Speaker 6 (01:27:42):
They also did hair replenishment for me Denverregen dot com.

Speaker 5 (01:27:47):
It really worked. I mean, it's amazing.

Speaker 6 (01:27:49):
My hair used to be hold on, John, I got
this hat on, but my hair used to be nothing
up there, right, I mean, it really did work.

Speaker 2 (01:27:56):
I'm not saying I'm coming back in there.

Speaker 5 (01:27:59):
No, it really did grow back in. I have a
hat on.

Speaker 6 (01:28:01):
I don't know why, anyway, I can your hair is
always dark. And now he claims he doesn't color his hair,
which is such a bs.

Speaker 2 (01:28:10):
That's a lie.

Speaker 5 (01:28:10):
It's such a lie.

Speaker 2 (01:28:11):
There's no you got like the Giuliani and it's all.

Speaker 6 (01:28:16):
It's all the same color and everything. Listen, people, well
now's the time. Okay, we've had we've had quite a
few calls, but now we have open lines, so get
your calls in and here's what I want to hear.
I want to hear from a lot of different things. Okay,
we talked about a lot of stuff today. First, we
have John Fuller in and I do have a couple
of texts for him on personal injury, and we'll get
to him, John Fuller, Fuller Law and and but also

(01:28:38):
we talked about gyms and and that kind of thing.
And do a lot of people use health clubs and
go to gyms or not? Or is that a minority
of people or do you think most people have a
gym or they have stuff at home?

Speaker 5 (01:28:51):
First of all, do you work.

Speaker 6 (01:28:52):
Out that's a good question, especially as we approach the
new year. A lot of people sign up for gym memberships,
you know, most of them sign up, and you know January,
that's that everyone does it.

Speaker 5 (01:29:02):
And then so you have the new Uh what do
you call them? The resolutions? The you know, the people
who make their resolution.

Speaker 6 (01:29:09):
Yeah, but the resolutions are the people what do you
have to call people that make resolutions?

Speaker 5 (01:29:13):
The resolvers? That's what they are, right or the result?

Speaker 6 (01:29:16):
Anyway, these people show up if you're demon crowded for
January and maybe February and then they're gone.

Speaker 5 (01:29:22):
That's that's when you can see that surge.

Speaker 15 (01:29:24):
Right.

Speaker 6 (01:29:26):
What I want to know, though, is if you do
use the gym, do you I think you know, I
think there's something social about it and something that keeps
you going and watching other people work out helps. I mean,
you know, it's just when you're around, when you're around
certain behavior and engender certain behavior.

Speaker 5 (01:29:47):
So that's a good thing, right.

Speaker 6 (01:29:49):
But I want to know, truly, now, have you encountered
the people that sit at machines?

Speaker 5 (01:30:00):
And why are you laughing so much? It's I can't
be the only one who's pissed off about this.

Speaker 2 (01:30:04):
I just want validation here, well.

Speaker 6 (01:30:06):
Because I unless am I that much of a curmudgeon
that I don't put up with it. If you are
working on machines, okay, obviously you wit your turn, but
what about the people that sit there in between?

Speaker 5 (01:30:20):
Okay?

Speaker 6 (01:30:21):
Many people do three or four sets, and a set
might be ten reps, that might be twenty reps, twenty
five reps. I happen to do a reps of twenty
five and I do four of them. I do one
hundred on every muscle group, and I do the opposite
of what most people do. Most people ratchet up. I
ratchet down, and there's there's a reason for that. There's

(01:30:42):
a very good reason for that. When you ratchet down,
you keep your muscle at total exertion and get more
reps in than you would if you ratchet it up.

Speaker 5 (01:30:53):
Let me explain what I mean.

Speaker 6 (01:30:55):
If you start at twenty five pounds and you do reps,
then you go to fifty reps, then do one hundred.
As you get higher on the higher ones, you won't
do as many reps before you get to exhaustion. If
you start at a heavyweight and do twenty five and
then go to the next weight down and do twenty five,
and then if you're finding yourself almost at total exhaustion,

(01:31:17):
but then you go two weights down or three weights
down weight classes, whether it's five or fifteen or ten
or whatever, your increments are cold you could theoretically be
at only twenty five pounds but still have full muscle exhaustion. See,
so it's not the weight that's doing it, it's the reps.
And because you've tired your muscles out in the beginning,

(01:31:41):
then you stay in that exhausted period, which is when
you build muscle. You stay in that muscle exhaustion period
longer as you ratchet down. So I do twenty five
at a very high rate than twenty five at the
next rate down, and then do that and then when
by the time I get to my lower rates, I'm
doing a lot of reps because it's lighter weight, but
still at exhaustion or near exhaustion.

Speaker 5 (01:32:03):
So so, but here's the point in between reps. People rest.

Speaker 6 (01:32:08):
By the way, resting more than thirty seconds is silly. Resting,
you know, resting a minute is fine, but more than
that's ridiculous. But what I don't like is when people
are working out and they don't rest. They're not resting
for thirty seconds. They're reading their phones, their emails, their texts.
I've seen them watching YouTube videos, they're emails and you know,

(01:32:32):
and or they're texting people. And I'm thinking, here, I
am waiting to get in and I'll be in there
and be out of there. I'll do that very quickly,
but I have to wait. Sometimes people in between their
sets will wait five and ten minutes. Well, I want
you to think about this, and I'm serious, I'm not exaggerating.
If you do four reps and in between each rep,

(01:32:56):
like you have three periods of rest when you do
four sets, and in between those three periods, if you
wait ten minutes, that's a half hour. That's a half
hour of just waiting for that machine, not counting the
reps you're doing. So it's just totally inconsiderate. And you know,
for some reason, though, people feel once they get on

(01:33:18):
a machine like they own it, and they they read
their text, they watch their some of them are watching.

Speaker 5 (01:33:26):
Movies, for god's sakes.

Speaker 6 (01:33:28):
There's nothing wrong with listening to music and using a phone,
but you shouldn't be using it to waste time in
between your reps.

Speaker 5 (01:33:35):
You should get off the damn machine.

Speaker 6 (01:33:37):
If you want to play a game on your phone,
or if you want a text or check emails or
something like that. That's all I'm asking. There's got to
be more than me that cares about that. I've heard
from a few people on text that say that they
notice it and they just try to find another machine.
A lot of people do believe, though, once they get
on a machine at a gym, they feel like once

(01:33:59):
they get on it, it's theirs until they're done with it,
and it's no one's business how long they rest or
it's no one's business what they do in between.

Speaker 5 (01:34:09):
They lay claim to the machine until they're done, and
I'm of the opinion that's not the way it is.
That you have to let others use it in between
if you're going to be that long. I don't know.
That's just my feeling, and it pisses me off.

Speaker 6 (01:34:24):
Okay, there's one other thing, and you would think people
would understand this by now. You would think people would
understand that when you work out, it's just a little bugaboo.

Speaker 5 (01:34:35):
I have have you ever seen people.

Speaker 6 (01:34:39):
That they're not even working the muscle group They think
they're working, they don't.

Speaker 5 (01:34:44):
They're not even working it. They're just like, it's just
like they sit there.

Speaker 12 (01:34:48):
What do you care?

Speaker 6 (01:34:49):
Well? I don't because it pisses me because people are
wasting time. I feel like, get out of here. You're
wasting time. Okay, if you did an arm curl the
right way, wait, wait, do you think I'm kidding? Right,
I'm not kidding. If you do an arm curl the
right way, your your upper arm should be totally stable.
You shouldn't be moving at all, and the only thing

(01:35:11):
that moves is from your elbow down to your wrist.
And your wrists shouldn't move. It should be one long
extension from your elbow to the tip of your fist
where you're holding the weight. And then you should curl
up without ever moving that upper arm. But and then
you should never move your back. But I see people,
I wish you could see me, the guys on YouTube.
But they're pulling up these weights and they're like leaning

(01:35:34):
back like they're they're they're pulling a sack of groceries
up or something.

Speaker 5 (01:35:38):
They're not they're not working the muscle groups. They're wasting time.
Then get off the damn machine, is what I'm saying.

Speaker 2 (01:35:44):
Well, then why don't you quit this job and get
you need to be a personal trainer anyway, forget about
this gig.

Speaker 6 (01:35:51):
And and so anyway, maybe I shouldn't just go to gym.
Maybe maybe I shouldn't go to gym's. Maybe I'm well,
somebody just texted me, Tom, why do you bother going
if it pisses you off?

Speaker 2 (01:36:01):
Exactly, Well, use the gym at the class. That's why
you have that beautiful home gym.

Speaker 6 (01:36:08):
Well, anyway, I just feel like I can't be the
only ones You go to the gym and you make
fun of others who aren't doing it right in your mind,
you do it. You don't tell them that. I feel
like going up and saying, you know you're wasting your time.
You know you're not working that muscle.

Speaker 2 (01:36:21):
I'm sure that they.

Speaker 5 (01:36:22):
Okay, one other thing I gotta tell you.

Speaker 6 (01:36:24):
Okay, never mind, I can't but one other thing and
then I promise I'll take your problems, questions, complaints coming up.
But there is one other thing that I want to
warn everyone about because they're going to end up in surgery.
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(01:36:48):
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three oh three nine two zero sixteen twenty two. Hi

(01:37:17):
Tom Martine Here, Rod wants to talk about a septic tank.
Go ahead, Rod, what's going on? Then I'll get to
some test here on personal injury.

Speaker 11 (01:37:24):
Go ahead, sir, Hey, I bought a house at the
end of twenty two in October, moved in in twenty three,
the very first month. It's first time I've ever had
a septic who went into July this year and decided
to go ahead and give us company a call to
see what the deal with or turning down a little

(01:37:44):
information on it. They said they have been doing their
maintenance in that property for the last I want to
say ten years, and said within the last five that
they have told the owner that that septic the tank
need to be replaced.

Speaker 6 (01:38:00):
Okay, Rod, When when did you actually close on the property?

Speaker 11 (01:38:04):
It been October of twenty two, all right?

Speaker 5 (01:38:09):
And when did you find this out about the septic system?

Speaker 11 (01:38:14):
July of twenty five, okay?

Speaker 6 (01:38:19):
And when you did a disclosure sheet? Did they have
anything down there about the septic system?

Speaker 13 (01:38:25):
They did?

Speaker 11 (01:38:26):
They the county passed it due to a guy came
in from the No.

Speaker 5 (01:38:31):
No, there's more to it than when you said the
county passed it.

Speaker 6 (01:38:35):
I don't understand. What do you mean the county passed it.
That's a whole different ballgame.

Speaker 5 (01:38:38):
You mean the Health Department.

Speaker 11 (01:38:41):
Yeah, public Health, I'm sorry, yes.

Speaker 5 (01:38:42):
Okay, they came out and what did they say about it?

Speaker 11 (01:38:47):
Well, they passed it due to another septic company coming
from Divide, came down and put in what they call
a Piranha system. That's an air system that is supposed
to basically eat the bad bacteria and put better bacteria
into this system.

Speaker 5 (01:39:07):
So when was that work done? You bought it in
October of twenty two.

Speaker 11 (01:39:13):
When was that system put in May of twenty two.

Speaker 6 (01:39:18):
So the guy obviously knew something was up with a
septic and had work done on it a few months
before he sold it, right.

Speaker 11 (01:39:27):
Yes, absolutely, okay.

Speaker 5 (01:39:29):
Then you had another company. So here's the way it looks.

Speaker 6 (01:39:33):
This guy was told by that one company that you
were in touch with that his system had to be replaced.

Speaker 2 (01:39:40):
Is that right?

Speaker 1 (01:39:41):
Yes?

Speaker 6 (01:39:42):
Then he called another company that said, probably your system
doesn't have.

Speaker 5 (01:39:48):
To be replaced, we just have to put in this
Piranha system. Yes, okay.

Speaker 6 (01:39:56):
In his mind he addressed the problem, which was first
further confirmed by the Health department, which said it's a okay.

Speaker 11 (01:40:08):
Yes, so after sixty after sixty days, I get.

Speaker 1 (01:40:12):
It, but hold on, but more days.

Speaker 6 (01:40:15):
The point I'm making is this a disclosure is a
disclosure of any problems that exist. And if you feel
you've addressed the problem, and the health department even said
you did, then you can't say that he didn't disclose
something because there was nothing.

Speaker 5 (01:40:34):
To disclose at that point.

Speaker 3 (01:40:37):
How do you?

Speaker 5 (01:40:39):
How do you well? What I'm getting at is this.

Speaker 6 (01:40:42):
If I am told by Company A I need a
new septic system, and Company B tells me I don't
and I just need to do this, and I do
this and the health department says my septic system passes,
then there would be nothing for me to disclose to you.
I don't have to disclose to you the entire journey.

(01:41:03):
I just have to disclose to you the end result.
The end result is I have an approved system. There's
nothing to disclose to you about problems. Now, if a
question is asked, have you ever had sewer backups? Not
do you have sewer problems? It depends on how the
questions asked. In most disclosure statements, this guy would be covered.

(01:41:27):
Where would he have disclosed this whole thing to you?
And what would he have disclosed to you? If the
health department said that the septic system was Okay, where
would he have disclosed that to.

Speaker 11 (01:41:37):
You as a homeowner. I'm not real sure, Tom, I
think the homeowner got duked, like I got duked by
the septive guy that put a promo system in and
comes in three days later and has somebody else come
over and say, you know everything's all right.

Speaker 6 (01:41:55):
Well, you say, what do you mean he had somebody
come in? Didn't you just tell me it was the
Can you tell me it was from the state that
came and inspected it.

Speaker 9 (01:42:04):
No, it was.

Speaker 11 (01:42:05):
Accepted guy to put the pirana in. Okay he basically
he says homeowner, or says the full cost.

Speaker 6 (01:42:12):
Rod Rod Rod hold on, just hold on. You're confusing
the hell out of me. You told me the health
department inspected it.

Speaker 5 (01:42:20):
Just hold on.

Speaker 6 (01:42:24):
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Speaker 2 (01:42:44):
Help.

Speaker 6 (01:42:44):
You'll think you're his only customer when you choose Frank
durand the real estate man dot com to list your
home with Remax Alliance three all three nine two zero
sixteen twenty two. Hi Tom Martine here, Okay, so uh
let's go to Rod. Hey, Rod, listen?

Speaker 15 (01:43:01):
Is it what?

Speaker 5 (01:43:02):
Let me just ask you this straight up? What's wrong
with your system? Right now?

Speaker 11 (01:43:06):
The leach field is bad?

Speaker 5 (01:43:08):
Okay?

Speaker 1 (01:43:08):
Now been bad.

Speaker 11 (01:43:10):
The septic company that typically does the maintenance on it
says they had a yearly reminder for this homeowner that
every year they would send him because it needed to
be pumped once a year because of the little leachfield
is bad.

Speaker 5 (01:43:23):
Okay, Here's what I want to ask you. Here's what
I want to ask you.

Speaker 6 (01:43:27):
You said when you bought the property in twenty twenty two,
who inspected it and said it was okay?

Speaker 5 (01:43:33):
Who inspected it?

Speaker 11 (01:43:35):
A septic remedy out of divide?

Speaker 2 (01:43:38):
Okay, local?

Speaker 11 (01:43:39):
Like the company that's been maintenance.

Speaker 6 (01:43:41):
Okay, So the county. The county never inspected it. The
health department never inspected it like you told me to
begin with.

Speaker 11 (01:43:50):
No, I'm sorry if I'm miscommunicated, okay.

Speaker 6 (01:43:53):
Okay, So you never had it inspected Normally the mortgage
company requires a health department to inspect it. But in
any case, had you bought the house and the place
when you bought it, did you hear from either company
when you bought it? This one in from Divide, the
septic company and Divide. Did they tell you anything about
the system?

Speaker 11 (01:44:14):
No? We actually called them after we bought it for
them to come down and try to explain the system of.

Speaker 13 (01:44:20):
I say it to us.

Speaker 6 (01:44:21):
Did they have a sticker on it or something? And
the sticker said had their name on it? Is that
why you call them?

Speaker 9 (01:44:29):
No?

Speaker 11 (01:44:29):
Because there's paperwork on that. What they installed that?

Speaker 6 (01:44:33):
Okay?

Speaker 11 (01:44:33):
That was supposed to cure everything.

Speaker 5 (01:44:35):
All right?

Speaker 6 (01:44:36):
Here you got two septic okay, you have two septic companies.
I'm going to answer your question real short. You think
you have a case against the Piranha System company, you don't.
They didn't do the work for you, They did it
for the previous homeowner. They didn't guarantee you anything. So
you can't go after that company because they did inadequate work.
If the first company has proof that they warned of

(01:44:58):
the guy that the eptic was bad, okay, And if
that seller did not tell you, you have a good
non disclosure.

Speaker 5 (01:45:06):
Case against that seller.

Speaker 6 (01:45:07):
It depends on how they filled out that non disclosure sheet,
but if they did not disclose a serious problem, then
you can sue them for damages. Go with a sure
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(01:45:32):
too much your coverage at dozens of insurance companies find
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You'll think you're his only customer when you choose Frank
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home with Remax Alliance three oh three nine two zero
sixteen twenty two.

Speaker 5 (01:45:52):
Ripped so you don't have.

Speaker 6 (01:46:00):
Come run in just as as we can.

Speaker 2 (01:46:04):
Shooter's gonna help come man.

Speaker 4 (01:46:07):
This is the Troubleshooter Show. No Tom Martine.

Speaker 6 (01:46:12):
Hey, I'm Tom Martino with John Fuller from Fuller Law.
By the way, this hour brought to you by one
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(01:46:34):
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seven zero thirty nine eighty seven. Welcome to the show. Now,
I do have some personal injury stuff I want to
get to. Let me get to my questions for John

(01:46:56):
Fuller that I've been putting off. We've had other issues
come up on the phone. And by the way, on
that septic system. Let me say this real quick. The
guy's not on the phone anymore. Non disclosure issues in
real estate are very simple. They have to disclose what
they know is wrong. Okay, they have to disclose that.
Now questions can be asked, is there a problem with

(01:47:18):
the foundation? Now? If you think that you fixed a
problem with the foundation, you don't have to say there
is a problem. It's only problems that exist at the
time of sale, unless it asks have you ever had
structural problems and how were they dealt with? Or have
you ever had work done on the foundation. There are
different ways that disclosure sheets are written. The most dangerous

(01:47:40):
part of a disclosure sheet is where an owner says
they don't know.

Speaker 13 (01:47:44):
I don't know.

Speaker 6 (01:47:45):
I don't know, because what they're doing is they're not
committing to a no, and they're not committing to a well,
the yes would be admitting something's wrong. When they say
they don't know, then you better really take note of that. Okay,
but let me explain something else on the SETTIC system. Okay,
if that owner knew there was a serious problem and

(01:48:06):
didn't disclose it, that would be actionable.

Speaker 5 (01:48:08):
Okay.

Speaker 6 (01:48:09):
If he has a company that says, wait a minute,
we told him he had a problem and he has
to replace the system, that's really good evidence. Now you
have to weigh the cost of going after that owner
for this non disclosure. You'll have to show that you
wouldn't have purchased it, or at the time it would
have cost this much money to fix it.

Speaker 5 (01:48:29):
They should have fixed it, or they should have told
me about it. John, I don't know how they determined
damages on that.

Speaker 6 (01:48:34):
Do you say, I wouldn't have purchased it and I
want to undo the deal, or I mean, how do
you on a non disclosure case, how do you even
assess damages.

Speaker 2 (01:48:44):
Well, probably in this case it's going to be the
cost of the you know, the leach field, and what
it's going to cost to remediate the problem. So the
costs of fixing the lead field.

Speaker 5 (01:48:54):
And by the way, for.

Speaker 6 (01:48:56):
Those listening, Solar's I mean, a septic system is very easy.
It's a big tank and this big tank is part
of the system. All of your sewage goes into this tank.
The solids drop to the bottom. The liquids go out
toward the top of the tank into a leach field,

(01:49:18):
which is gravel or sand or a combination, or if
you have a natural leach field, it would be a
sandy thing where it absorbs the liquids over a big
square many square feet, depending on the size of the house.
They tell you what size your leechfield has to be
and they calculate that. They calculate they face on the

(01:49:39):
number of bathrooms. So the water then goes from the
septic the waste water goes out to the leech field
and eventually is evaporated into the air.

Speaker 5 (01:49:49):
And then that's the system.

Speaker 6 (01:49:52):
The solids build up in the tank and eventually have
to be pumped out. The way they do that is
by introducing some liquid and pumping it out, and you
get that done in a good system maybe every five years,
so that's a naturally functioning system. Then you have other

(01:50:12):
systems that they don't have good leech fields, so they
have to go out farther to find one or build
one artificially with gravel and sand. And sometimes where they
locate the leach field is up from the tank elevation wise,

(01:50:35):
and they have to put a pump in the septic
tank to pump the liquids out into the leech field.
And that's a more complicated system. I know more about
septics than I should because of all the years of
living out in the country. Okay, on a personal injury note,
I'm just going to parse through all the extra crap
and get right to the question. This one is a
mattress fell off a car and it caused them to

(01:51:00):
have an accident. They ran into the side of the
road and it was the mattress and the car that
dropped the mattress kept going. Now I have an interesting question,
and actually it said somebody was injured too.

Speaker 5 (01:51:17):
They want to know if it's covered. Here's the thing.

Speaker 6 (01:51:19):
Would that be an uninsured or underinsured motorist coverage because
the guy that dropped the mattress left?

Speaker 2 (01:51:24):
Yes? Absolutely, really yep, So.

Speaker 5 (01:51:27):
You can collect on that from your own insurance.

Speaker 2 (01:51:30):
Sure, that's exactly what the insurance is for.

Speaker 6 (01:51:33):
When would it become comprehensive a road hazard or something?
I mean, would your company even fight as saying this
is not uninsured or under insured? Of course, the mattress
came from somewhere.

Speaker 2 (01:51:45):
Your comprehensive tom is mostly for property damage.

Speaker 5 (01:51:49):
Okay, you're right, not personal injury, you're right.

Speaker 2 (01:51:51):
So it's you're really tapping into the what the liability
policy of the at fault driver would have covered if
they had it or if they had stopped.

Speaker 6 (01:52:01):
Okay, somebody was hit by a bicycle while they were
out jogging to auto insurance.

Speaker 5 (01:52:09):
Does auto insurance kick in on anyone's side?

Speaker 2 (01:52:13):
Most likely not, But we would look to homeowner's insurance
for the owner of the bicycle.

Speaker 6 (01:52:18):
The owner of the bicycle could be liable and his
homeowners could cover him.

Speaker 2 (01:52:22):
I've had that case and we've successfully recovered on it.

Speaker 6 (01:52:25):
Could my personal injury what is it called the medpay
on my automobile cover me if I'm hit by a bicycle.

Speaker 9 (01:52:34):
It.

Speaker 2 (01:52:36):
Most likely not the definitions And I'm not speaking for
all policies, so you'd have to look at that language
and the policy. But most of them relate to the
operation of a motor vehicle, and so you know, in
all likelihood the bicycle is not going to be considered
a motor vehicle. But these days, you know that's a
gray area.

Speaker 5 (01:52:54):
My kid was injured.

Speaker 6 (01:52:56):
Again, I'm going I'm only picking out the lines for
genre the interest of time. You don't want to hear
the rest of the story. My kid was injured on
a trampoline. We signed a waiver, though, do waivers the
do waivers count YEP?

Speaker 2 (01:53:12):
They sure do they do.

Speaker 5 (01:53:14):
You can wave your right you can wave, you know,
you can wave.

Speaker 2 (01:53:17):
Simple negligents Okay, simple negligence is not intentional conduct. So
you can't sign a waiver and have somebody come out
and punch you and punch you or maliciously do something
that injures you. That's not going to be covered by
a waiver. But simple negligent absolutely courts enforce them all
the time.

Speaker 6 (01:53:34):
Okay, I was at a work, this is a I
was at a work sponsored event and I was injured.
They don't see how they were injured. What would would
workers comp apply? Or would I have a personal injury suit?
You can't suit your employer, right if it's a work

(01:53:55):
sponsored event but you're not on the clock, How does
that wear?

Speaker 2 (01:53:58):
So many variables in that question, and I can't give
you a straight answer. But if it was in the
course of the scope of your employment, it would be
a workers comp case all injuries that happened while in
the course of scope for your mpayers, So you could
call that the scope for employment.

Speaker 5 (01:54:11):
Right, But let's say if it was terry.

Speaker 2 (01:54:13):
Let's say if it was a work party at a
country club. Okay, y'ah, not going to be work related
even though you were there because of your work. It's
going to be more likely a premisst liability or a
negligence case against the country club that would not fall
under compts and would just be a whole different animal.
So I just need more details.

Speaker 6 (01:54:30):
Explain why premises liability is such a pain in the ass.
By the way, for those listening premises liability, call it
property liability. The property owner, the premises owner, what liability
do they.

Speaker 5 (01:54:44):
Have to you, and why is it so difficult to
collect on it? Why how much time do we have?

Speaker 6 (01:54:50):
Yeah, but people need to know because we get a
lot of questions about premises liability.

Speaker 2 (01:54:55):
In nineteen eighty six, the legislature decided that the world
would stop turning if they didn't make it really, really
hard for people to bring premises liability cases in Colorado.
And they set out to make them incredibly difficult, and
they succeeded property owners.

Speaker 5 (01:55:10):
They wanted to protect property.

Speaker 2 (01:55:11):
Owner absolutely, and they, in their wisdom, thought that the
economic impact on Colorado businesses would be so great if
people were able to just bring lawsuits all the time
anytime something bad happened, that it would be terrible for
the Colorado economy.

Speaker 5 (01:55:27):
Bar they raised the bar to here's.

Speaker 2 (01:55:29):
What they came up with. Okay, for most cases dealing
with you walking into some business or someplace where you
have a right to be you're a member of the public,
here's the standard. Now get your pencil out, Okay. It's
the landowner is responsible for their unreasonable failure to take
reasonable steps to protect against the dangerous condition that they

(01:55:50):
knew of, or that they should have known of.

Speaker 5 (01:55:52):
What the heck does that mean, I don't know what
it means.

Speaker 2 (01:55:54):
There's two unreasonables and a newer should have known in
the same sentence, go ahead. That's the reason why they're
so hard is that that standard is infinitely manipulable by
defense counsel that say, either we didn't know about it,
or if we did know about it, we took steps
to protect against it. And if we didn't take steps,
and it was unreasonable for us to take steps, and therefore,

(01:56:16):
under any of those circumpanions were not liable.

Speaker 5 (01:56:19):
You sound like you're kidding, but you're not.

Speaker 2 (01:56:21):
I'm not kidding at all. They are difficult. Seventy percent
of people that bring cases in court and go to
trial for premises liability lose. In the state of Colorado,
I've been doing those cases for twenty five years, but
they are the hardest. They almost always go into litigation
almost without a doubt. We don't even really take those

(01:56:41):
cases unless there's a broken bone or a surgery involved,
because the cost and the time commitment is so great
that you just can't do these.

Speaker 6 (01:56:49):
Easy answer would be that they should that that it's
something that they needed to know about and ignored.

Speaker 2 (01:56:57):
Yes, it needs to be in order's condition that they
love or that they just and in the exercise of
normal diligence, would.

Speaker 5 (01:57:05):
Have known about, but instead they ignored it.

Speaker 2 (01:57:07):
Correct.

Speaker 6 (01:57:08):
Okay, So that's the bottom line. Most people will never
ignore a dangerous dangerous.

Speaker 2 (01:57:15):
A reasonably prudent person would not.

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McKenzie law sooplans dot CO. All right, John Fuller, this
is one real quick here, and then I know we
have another one here. The apfault driver died in an

(01:59:00):
auto accident, and he didn't have great insurance limits. He
didn't have high limits, he had low limits. Can I
go after his estate? Can you actually go after the
estate of the atfault driver if he died.

Speaker 2 (01:59:15):
Yeah, potentially you could. I mean, the apple driver is
responsible for all of your damages, and so if the
driver was ensured generally at the time of his death,
you know you're limited to the limits of his insurance policy.
But you know that's only if you're really going after
the insurance policy.

Speaker 5 (01:59:34):
Itself.

Speaker 6 (01:59:35):
You know, if you don't want to go after the
insurance policy, can you choose to go after the Can
you choose that you're going to go after the estate instead?

Speaker 2 (01:59:45):
Yeah? I think if they have insurance, you're going to
be limited to that. Really.

Speaker 5 (01:59:48):
Yeah, but why if he was alive you could sue him,
I don't know, but they don't let you sue the estate,
is what you're saying.

Speaker 2 (01:59:55):
Correct.

Speaker 5 (01:59:56):
Oh that's very interesting, Deputy Bow.

Speaker 13 (01:59:59):
You have a follow up?

Speaker 5 (01:59:59):
What's going on? Both?

Speaker 11 (02:00:01):
Yes? From Edna?

Speaker 8 (02:00:05):
She called in on October second, learning okay and Mark
was the host. So you probably have zero notes on it.

Speaker 5 (02:00:13):
Well, we might have some. Sometimes there's a miracle here, Edna.

Speaker 6 (02:00:17):
I got it a new shower installed with issues the
installation of a jacuzzie tub and some other stuff Midwest Bath.

Speaker 5 (02:00:26):
They had to come out and look at it. They
say the design is wrong and anyway, what's going on
with it?

Speaker 2 (02:00:32):
Right?

Speaker 8 (02:00:32):
I'm glad you have the notes. So they installed a
two inch shower pan, and her contract clearly stated and
from the designer that it was supposed to before in
shower pan. So I've been called This job was installed
on July eighteenth and she'd just been fighting with them
to try to get the correct shower pan installed as

(02:00:53):
stest fight in the contract. Yes, after making a weekly call.
I was a hound dog on this. I called every
week since October sixteenth. I think they got a little
tired of the phone calls. And the owner of Midwest
Bath finally sent a contract over there last week and
they did the right thing, fulfill their contract and installed

(02:01:15):
the correct four inch.

Speaker 5 (02:01:16):
Wow, that is very cool. So they actually they actually
did the right pan.

Speaker 8 (02:01:23):
They did after us calling for several weeks, they took
the old two inch pan out that they installed incorrectly
and put into four inch one. That was best fight
inner contract.

Speaker 5 (02:01:36):
That is very cool. Thank you very much.

Speaker 1 (02:01:38):
Man.

Speaker 6 (02:01:38):
We need a dinger on this.

Speaker 16 (02:01:39):
Come.

Speaker 6 (02:01:40):
I need to give Deputy Boa my dinger, and I
left mine at home in the home studios. That's not
that dinger. That's a that's the most ridiculous thinger I
ever heard. There we go, Thank you vo. Okay, this
is a case that shows you the value of searching. Okay,

(02:02:02):
you get a settlement and you have to decide to
take it or not from the insurance company. John, But
how do you know?

Speaker 5 (02:02:10):
And this did come up.

Speaker 6 (02:02:12):
That's why I'm bringing it up. How do you know
to look for other insurances? And how does that pay off?
And how do you even know to look? Can you
give that scenario that actually happened.

Speaker 2 (02:02:25):
Yeah, so, I mean this comes up all the time. Tom.
One of the things that we do that I think
is really challenging for a regular homeowner to do, or
not a homeowner, but a regular driver victim of a
car crash is you know, we know all the different
ways that you can go out and find other coverage
that might apply. And we could be talking about, you know,
commercial coverage that might step in to provide coverage. We

(02:02:47):
could be talking about umbrellas that are out there that
are not disclosed by the insurance company. We could be
talking about uninsured motorist policies that will step in to apply,
resident relative policies that will step into apply. I mean,
these are all the things that we do on a
regular basis.

Speaker 6 (02:03:04):
Do they have to tell you all the insurances or
sometimes they may not even know.

Speaker 2 (02:03:08):
They don't have to tell you that, so you you
have to put them into a posture where they eventually
have to disclose it. Okay, that's that's not something they
just initially do all the time. And one of the
challenging things is that sometimes many times a company that
issues an umbrella may not be the same company that
has the underlying liability coverage.

Speaker 5 (02:03:28):
So how do you find out about them?

Speaker 2 (02:03:30):
You have to just be diligent. There are services that
we can use. We do discovery.

Speaker 5 (02:03:35):
We put the.

Speaker 6 (02:03:36):
First on in this particular case that I'm referencing.

Speaker 5 (02:03:39):
How did it come up?

Speaker 2 (02:03:40):
So we recently had a case where it was a
very bad catastrophic injury case, but the actual tort feeser,
meaning the guy that was at fault, only had fifty
thousand dollars of insurance. Okay, that's it, and we're talking
five million dollars of medical bills.

Speaker 9 (02:03:55):
Oh my god.

Speaker 2 (02:03:55):
It was a terrible, terrible case. But we just weren't
satisfied that they're was an additional coverage out there. And
the guy's insurance company was just wanting to write the check. Here,
let us just send it over. We'll we'll hand carry
it to you if you'll like it, right right, And
we just said no, no, no, no no, and we
kept investigating, kept investigating. What we find out is that

(02:04:16):
the guy that caused the accident was actually in the
process of doing a business transaction at his bank at
the time or immediately before the accident happened, thereby making
it a business trip.

Speaker 6 (02:04:29):
It wasn't on his way home, so he was he
went out of his way to do this errand for
his employer.

Speaker 2 (02:04:38):
For his own company that he owned, for his cost.
So there's a there's a rule in Colorado called the
coming and going rule that basically says, if you're coming
and going on behalf of a business, it's considered a
business act. And therefore the business insurance, even though they
didn't actually ensure that vehicle, they ensured that business. And
since it was a business act, Oh my god, you

(02:05:00):
were able to get an additional million dollars of coverage
for that accident that would not have been there had
we just taken the original fifty thousand dollars and moved
on down the road.

Speaker 6 (02:05:11):
And even this guy himself didn't know enough to talk
absolutely not.

Speaker 2 (02:05:16):
Yeah, and why would he, I mean, he didn't know
the evidentiary rule about bringing in additional policies and all
that stuff. So the point is, there is value to
bringing a professional in on a personal injury action, even
when you think there may not be enough insurance.

Speaker 5 (02:05:32):
Oh yeah, aaman always think in this case.

Speaker 6 (02:05:35):
In this case, if the insurance company said, here, let
me write the insurance limit, you might be thinking to yourself,
why bring in an attorney?

Speaker 5 (02:05:42):
I already got the limit.

Speaker 2 (02:05:43):
Well, I hear it all the time. I'm just going
to get nothing because the attorney's going to take everything.
And we bring this extra value to the table. In
this particular case, an extra million dollars, but in many
other cases there's an extra hundred, there's an extra twenty five,
an extra fifty, an extra million. And these are extra
because we've located and found the way that those policies

(02:06:05):
become assuckable to this act.

Speaker 6 (02:06:06):
But this was an accident in a vehicle that was
not insured by his company. That's correct, But it extended
to this accident because he was on a business errand
you got it.

Speaker 5 (02:06:20):
Wow, that's incredible.

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Speaker 2 (02:06:47):
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(02:07:10):
left if you want to give us a call. Three
oh three seven one three talks seven one three eight
two five five. I have this one email that I'll
get right to it, and it talks about wanting to
considering it a Tesla. If Tesla autopilot is in control,
is the is the person still at fault? They can't

(02:07:31):
they can't say it's Tesla autopilot.

Speaker 2 (02:07:34):
Right, Absolutely, the person is in control and is liable.

Speaker 5 (02:07:38):
And have these come up? Have these come?

Speaker 6 (02:07:40):
Oh?

Speaker 2 (02:07:41):
How many times?

Speaker 5 (02:07:42):
Okay?

Speaker 6 (02:07:42):
Have people tried to sue sue Tesla?

Speaker 2 (02:07:45):
Would you ever billions of dollars of damages have been
assessed against Tesla for auto driving accidents?

Speaker 5 (02:07:53):
Really?

Speaker 2 (02:07:53):
Yes?

Speaker 6 (02:07:55):
Would you name them as one of the defendants if
you were doing this and they were it was and
the guy said I had it or the other driver
said it was on autopilot.

Speaker 2 (02:08:04):
Yeah, for sure. It would depend on the case. But
I mean everything about the autopilot says you're still in charge.
You know, don't take your hands off the wheel, you
can't take a nap, you can't eat dinner. I mean,
you're still in charge of the car. You can't just
flip the switch and go about your way and expect

(02:08:24):
the car to drive you home. That's not how it works.
So you are still in charge. With that being said,
there are cases where the autopilot does things that are wrong. Okay,
I can think of one in Florida not too long
ago that was a mega, mega verdict against Tesla where
the autopilot drove into an intersection that was a te

(02:08:47):
intersection and it didn't know that it was a tea
intersection and just went straight into a actually a parked
car and a guardrail on the other side of the
road as if it was just a continuation of the
road that it was on. And it was clearly an
autopilot mistake. Yeah, but the driver should have been aware

(02:09:07):
to say there's a problem here and to hit the
brakes and they could have avoided the accident. But neither
the driver nor the autopilot did so. And and some
people got really badly hurt, and so yeah, I would
absolutely name Tesla.

Speaker 6 (02:09:22):
I was driving down the street, somebody opened their door
into traffic, I swerved and hit the car in the
next lane, and they are claiming injuries. Can I hold
that guy responsible or the woman whoever? They didn't say
who opened the door? Like, does that driver if you're

(02:09:45):
parked and you open your door and that causes someone
to swerve. Because the police did get their name in number,
would they be part of this accident? Would they be
part of something you could collect on if you're in
that car of someone who got injured, would you feel
comfortable going after that person as well and their insurance
if they opened their door and caused injury.

Speaker 2 (02:10:07):
Well, you know, I've not had that particular case present itself,
but I have had cases where people open the doors
and a bicycle hits them, and they're liable to the bicyclist.
So I think if that that rule applies to a bicyclist,
it would also apply to an oncoming car. And so
certainly the car would say it's not my fault because
that guy opened his door at the last minute, So

(02:10:29):
they would probably name them as a third party at fault,
and so why not just to fend off the suggestion
that somebody else was at fault, let's name them all.
I would probably name them.

Speaker 5 (02:10:41):
Okay, sos caam, that's what?

Speaker 2 (02:10:42):
Right?

Speaker 13 (02:10:43):
Another incident, now, now I.

Speaker 6 (02:10:44):
Did another question about I did that question about dash cans.
It said, I've noticed lately some dash cans being advertised
that have rear front and angles. Do they really make
a difference? I mean other than you're going to see
more right, I mean, so they would make a difference obviously,
because what you see is what you get.

Speaker 5 (02:11:04):
Are they all john?

Speaker 6 (02:11:05):
There is a move toward I think eventually, I think
it's going to be standard equipment. In other too, I
think they're just going to come with dash cans.

Speaker 2 (02:11:12):
I agree.

Speaker 6 (02:11:13):
And what I want to know is are they admissible
in court? Is there a way that they're not admissible?
Or are they even one that I buy and put
stick on my windshield that's admissible?

Speaker 2 (02:11:24):
You bet. Yeah. It's a living color video of what happened.
As long as it can be authenticated with date and
time and place and all that stuff, Yes, it's going
to come in the door as evidence. And they are compelling.
In fact, I've never had a dash cam case that
required going into or much further in litigation after the

(02:11:45):
dash cam was produced. It completely eliminates the issue of
liability one way or the other, good or bad, and
then the only thing from that point on is damages.
It's very powerful evidence.

Speaker 5 (02:11:57):
One thing that really pissed me off was today driving.

Speaker 2 (02:12:00):
Okay, just real quick from the gym.

Speaker 6 (02:12:03):
No, yeah, no, no, okay. Did you see the ice?
Did you see the roads? I mean it literally looked
like an ice an ice rink. When on Bonnie Berry
Boulevard especially, I saw and I swear to god, it
was it was ice. It's like just and it wasn't
even the clear ice. It was like ice ice.

Speaker 5 (02:12:25):
Okay.

Speaker 6 (02:12:26):
And then I went out on the highway and it
was ice ice. But I know we hear this all
the time, but these escalades and navigators and these.

Speaker 5 (02:12:33):
People think they're bulletproof.

Speaker 6 (02:12:35):
I swear to god, they're just crazy the way they're
driving on this ice.

Speaker 12 (02:12:41):
I know it's great to go, but it doesn't do
anything to help you stop.

Speaker 6 (02:12:46):
But it's it's just it just baffles me that with
everything we know, they still drive like freaking idiots.

Speaker 2 (02:12:54):
Ye, And it's true. I mean that. I don't know
why the comes as a shock to people, but that's
been the rule for a zillion years. You know, four
wheel drive. We we used to joke about Texans. You know,
they come to town there all four wheel drive, and
you know, but the reality is, it's just physics. You

(02:13:16):
lock up those wheels, that thing is skidding like an ice.
It's a shocking you can do.

Speaker 6 (02:13:21):
I mean they're big, yeah, big.

Speaker 5 (02:13:23):
As UV's Okay.

Speaker 6 (02:13:24):
One other thing somebody texts me, he said, you never
you said there was one other thing about the gym,
and I swear they want to know what it was.

Speaker 5 (02:13:31):
There was a thing I did tease something saying you're
gonna have surgery. Okay.

Speaker 6 (02:13:36):
My surgeon told me this when I had back surgery.
My back is perfect. I got it all fixed years ago. Kettlebells,
he said, creates more business for him than any other exercise.

Speaker 5 (02:13:48):
You know what a kettlebell is? Where you hold that
thing and you squat.

Speaker 13 (02:13:53):
Here trying to think about why it would be that way.

Speaker 6 (02:13:55):
Where's the one he's talking about where they swing it
from that it's between their legs and they're in a square.

Speaker 5 (02:14:01):
Then they stand up and swing it.

Speaker 6 (02:14:03):
Up over their heads and then back down again. He
said that exercise probably is responsible for more crap in
your back than anything the kettlebells, you know, for surgeries.
But so it's the swinging motion.

Speaker 5 (02:14:19):
We weren't meant to swing like that, I guess.

Speaker 2 (02:14:21):
I mean Madden pickleball or crippleball.

Speaker 6 (02:14:24):
Pickleball doesn't cause injury?

Speaker 2 (02:14:26):
Are you kidding me? What I can tell most orthopedic
surgeons love pickleball more than anything else. Was the greatest
invention in the world because it's made them gazillions of dollars.
They call it crippleball.