Episode Transcript
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(00:00):
All right, you're ready to doit? Sure? Why not? This
is handle on the law, marginallegal advice where I tell you you have
absolutely no case. Before I diveinto the story, I want to share
something that I just saw on thecomputer screen where the phone calls come up
prior to my show here in LosAngeles on my home station KFI, there
(00:23):
is a host. His name isDean Sharp, and he's just great at
what he does, really really good. He is sort of a do it
yourself for he's a home designer.He was a contractor, and this show
is about helping people with their homesand the roofs and advice. And I
got to permit, do I needone or my contractor screwed up? Or
(00:44):
what kind of roofing should I do? I mean anything involving in the house.
And he is way too nice.I mean I think he's phenomenal,
but he's way too nice and whatwe want to do And I just thought
about this when one of his phonecalls was still on the board and someone
had called in and he didn't havetime to answer this. I wish I
(01:06):
was able to do it if wekept him on. Is how what's the
best way to plant a tree andyou know, other than roots down,
leaves up. Hey, thanks verymuch for the phone call. Where do
you go with that? Dean,on the other hand, would have spent
time with this person who had ahard time understanding up and down. Just
(01:30):
I've got to do that. Youknow. We also have the Here Again
on my local station on Saturday morning. It's also syndicated The Jesus Show,
where we have. One of theradio personalities is Jesus answering questions. And
you think it'd be blasphemous, it'snot. He is a real scholar in
(01:52):
the world of the Bible, andhe is a Christian, and it is
as Jesus as if Jesus had arace radio call in show. And it's
done very respectfully, and it's uh. And he gives spiritual advice and I've
often asked to fill in. Pleaseplease let me fill in so I can
give marginal spiritual advice. I mean, he gets people that are suicidal who
(02:15):
want advice, and they won't letme fill in. Jump. You're taking
way too much of my time.Just jump off the damn building and let's
get it over with. They won'tlet me do it. Oh, okay,
let's go ahead and move on.And our phone number here eight hundred
(02:36):
five to two zero one five threefour if you want to call eight hundred
five to zero one five three four. Supreme Court just came down with a
case. This is a very conservativeSupreme Court, as you can imagine,
and this came down a few daysago. And what the court said is
that people who have their cars seeinnocent owners of cars. You've loaned your
(03:02):
car to a friend who then iscommitting a crime. You've loaned your car,
or you've given your car to yourchild who goes out and does something
get is caught with drugs in thecar, and then there is something of
not only this person arrested, butalso the car seized. And you get
to go in front of a judgejust on the seizure issue. I'm innocent,
(03:24):
I want my car back. Well, the court said that the Constitution
requires a timely hearing, but notan immediate hearing. You're gonna have your
hearing, but you can't walk intocourt the next day and say I want
my car back. And this isthis is tough for people who have had
(03:47):
their cars seized by the authorities legitimately, but they should also and do have
a chance to go Wait a minute, I'm innocent here. I had nothing
to do with this. It wasthe driver who I innocently loan my car
to or Yeah. Basically that saidI loan my car RD nothing to do
with this, And the court said, yeah, you get your hearing and
(04:10):
you need a separate preliminary hearing todetermine. Nope, you don't. And
so it was the court coming downsix to three in favor of the authorities.
It's a very conservative court, tosay the least. All right,
Oh, do we have a letme see do I take just Steve?
Let me try Steve. I knowyou're talking, but we're sort of short
(04:30):
of phone calls here, Steve,are you there? I'm here all right?
What can I do for you?Steve? I wondered if I could
if I signed the fee waiver.I have a case going Superior court civil
accident, he can Can I getthe court to pay for the deposition?
(04:53):
No? No, courts don't payfor depositions unless you have a criminal case,
and even then you don't do deposit. It's a criminal case, but
you have to be destitute to getany help from the court. Once you
do get help, but you're assigneda lawyer. Then there the lawyer can
do all kinds of things that thestate pays for, the county pays for.
Not in a civil case, noway, you're on your own.
(05:15):
Were you injured? Yes, wellyes, but it was it's a messed
up case because they said it wasmy fault, but it really wasn't.
Okay, So you go to court, you go to trial on it,
and who do you want to deposea witness? Yes? Yeah, well
you get to pay for it.How much would it cost for say a
half hour the minimum? No,it's a four hour minimum, and it's
(05:40):
money. It's probably gonna cost youknow, ony twelve hundred bucks, maybe
fifteen hundred dollars. Also, doyou know you don't know the questions to
ask? That's true? Yeah,so you're gone. I think there's a
minimum four hours? Yeah? Ohman, yeah, I think so,
because you're you're you have a courtreporter you have to pay for and it
maybe today is the minimum and therewere several hundred dollars an hour. Oh
(06:03):
yeah, and you can and you'renot gonna do it on your own because
you don't know the proper questions.So yeah, you don't want to do
it. So, yeah, you'rea little bit over your head on this
one. Hi, Terry, you'reup. Welcome to handle on the law.
Good morning, Bille, Yes sir, thank you real quick. Okay.
I was in a accident twenty nineteen. Okay, I had back surgery,
(06:27):
next surgery. The case was supposedto be the policy the guy had
was for a million dollars. Mylawyer said, let's we're going to go
after his assets too. Okay,fast forward till now he's telling me that
let's just settle for fifty thousand becauseyour medical took up all of the money
(06:53):
and I don't want to do thehour my brother fifty grand Yeah, okay,
so if you settle for fifty thousand, you get nothing basically. So
that's not a good idea. Now, if I'm a little concerned about your
lawyer, well I'm a lot concernedabout your lawyer saying at first glance,
we're not only going to take thatmillion dollars, we're going to go after
(07:15):
or we're going to ignore the milliondollars and go after assets. Because if
even if you settle for a milliondollars, you're done. That's it.
Finish. You don't go beyond that. You have to waive any additional damages.
I had to tell you somethings reallyweird about this lawyer. One or
two things are happening. Either thecase really sucks and or this lawyer just
doesn't want to go to trial.That's the bottom line. And it's uh.
(07:38):
And if you're going for these kindsof damages, who hit you?
Or tell me a little bit aboutthe accident. Okay, a guy hit
me his insurance's state arm And likeI said, the initial of all the
way, for years it was okay, the million dollar policy are okay,
what is it? A million dollars? And that's kind of a you know,
(08:01):
high figure. Is it five hundredthousand? A million, five hundred
dollars per incident for a single incident, multiple incidents or multiple defendants, multiple
victims, it's a million dollars.That's a big, big policy. Yeah,
because the guy was well off.So I'm not sure all of the
details of how that, but Ijust know he said, we're gonna okay,
(08:24):
yeah, we'll ignore that. Ignorethat. You're your lawyer is completely
blowing smoke. Oh yeah, settlefor fifty thousand dollars, and by the
way, you get nothing. You'vegot the wrong lawyer. It's that simple.
So you go to another lawyer.That's for starters. I'm just a
little confused as to yeah, it'smore than a million dollars, there's insurance
and we're going to take fifty thousand. Something's really squirrely about that, right,
(08:46):
But when I try to call otherlawyers, Bill, no one want
to take the case because it wastwenty nineteen and I'm not stilling. Well
is to yeah, you filed alawsuit, I'm assuming already, right,
Yeah, okay, so you're fine, Fine, you're fine. I don't
understand. Go to the website,go to handle on the law dot com.
You'll talk to a lawyer, theguy who runs it, who's a
(09:07):
very very fine personal injury lawyer,and he'll just give you the advice.
He's not going to hustle the case. That's not what he does. He
does help people just say hey,yeah, you're okay, or no,
your lawyer is maybe not the lawyeryou want. That's the way I see
it, wrong lawyer, Because ifyou're going for a million dollars or more,
(09:30):
you're talking about a state farm.Let me tell you, they're going
to throw everything they can at you, because remember it's his insurance company.
You're going after, well him,but through the insurance company, and they're
defending him. And if you're notgoing to take the million dollars, which
is kind of bizarre, they don'ttake a million dollars and it's kind of
(09:50):
you know, no, well,no, I don't want to say we
didn't want to take the man.God, I said, that's all he
was saying before. And then justtwo weeks ago he said, all,
let's not go with that because theguy ended up dying two years ago.
And I say, oh, wecan't cross examine m so we might just
you know what, I don't knowenough about that because that becomes problematic when
(10:13):
people die on you. And sohere's why I want you to go to
the website, go to handle onthe law doct okay, and just ask
the question, here's what's going on. We're supposed to go to mediation on
Tuesday. Ye stop everything? Question? Yeah, stop stop everything, stop
everything. Call the law you wantto you know, you want a continuance
(10:33):
before you go on with this lawyer. It just sounds too squirrely to me,
and there's nothing wrong with getting asecond opinion, and if it's a
bad lawyer, you switch lawyers.I mean, people don't have a hard
time understanding the lawyer is your you'rethe client. You control it. Lawyer
works for you, and you canfire a lawyer all day long and there's
not much they can do about it. Now, I don't know what business
(10:56):
you are in. You have noidea, but I'll tell you what I
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of whoever's working there. And thisis where NetSuite comes into play. What
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(11:18):
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(11:39):
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handle NetSuite as an office Suite's NetSuitedot com slash handle Sally, Hello,
(12:00):
Sally, Welcome, Hi, thankyou. This is my husband died last
November and he left me a boatin Marina del Rey, which I do
not want. I found a buyerfor the boat. The terms of the
agreement was he would make monthly paymentsfor me and also monthly money towards the
slip rent, and I allowed him. I gave him permission to go aboard
(12:22):
the boat when I wasn't there becauseI lived ninety minutes away. Go ahead,
if you want to check on themaintenance, start the boat. That's
doing a favorite to me. Inthe meantime, the marina informed me,
in no uncertain terms that the leafagreement I have with them is that no
one is allowed on that boat unlessI'm present there. I didn't know that,
and they threatened me with like athirty day notice if I don't comply.
(12:46):
And this is of course I willcomply because I want to stay there.
In the meant I wrote the buyeran email stating the facts that came
from the marina. And he hasanother boat in the marina, so he's
finned the same kind of contract Ihave with him that he and I will
go out of my way to ifhe lets me, knowing months to be
there, I will come down.He can check on the boat that he's
(13:07):
bying. Blah blah blah. Buthe just kind of went off again,
and note wrote me back and said, I've purchased the boat. It's my
boat. I own the boat.And if I can't he whose name it
is it? Sally? Who istitled to the boat? Me? Okay,
well, how about okay? Sohe is now claiming that he owns
the boat. How about this,I'm claiming I own the boat. Now
(13:30):
there are two of us who aresaying we own the boat. Do you
have a house by the way,Do you do you own a piece property?
Yes? I do. Okay,let's throw that in the mix.
I own your property. Get offof it. Gee, I don't care
if it's in your name. Ijust own your property. What I would
do is if he's on the propertyon the boat. Just say get off
(13:54):
my boat, and if not,I call the police. You are trespassing.
And you call the and you tellthe marina exactly what's going on,
and you throw him off for trespassing, and you let the marina know you
got a trespasser. What was hewhat evidently he has done? Now I
was notified, yes, because Iwas going to go down to the boat
today that he has locked the boatup and then unlock it. Get a
(14:18):
locksmith and unlock your boat. Okay, it's your boat. It's your boat.
And then you sew him a smallclaims court for the cost of him
locking up your boat. I don'tknow how much. How much is a
locksmith cost a couple hundred bucks toundo the lock yep? Probably? Okay,
you hire a locksmith and you yougo there and you say to him,
(14:39):
I mean, if he's there,I'm calling the police right now.
You put in a complaint, Youlet the marina know and say I expect
security from the marina. This guyis he shows up on my boat,
he is trespassing, you know.I mean the fact that he's claiming I
mean, come on, really,I mean it's in your name, you
own the boat. You got aclown who is saying I own on what
(15:00):
basis? Just I own it?So what happens with his contract? Pieces
I'm not paying this anymore? Youcan sue him on that one. Is
that small claims court? Yeah?Well it it depends. It's how much
money you're paying. You know thecontract is breached. How much money does
it cost? I mean, youcan't hold it in perpetuity, So the
contract is basically over and you payhim for whatever damages. You figure out
(15:24):
how much until he left? Howmuch is he paid? And how long
does the contract run? And youknow, it just says forever. I
have to. I have to.I have to pay him back because no,
no, no, no, noabsolutely not no no no no no
no, you sue him for therest of the contract. No, you
don't pay him, let him,let him sue you. That's the way
(15:45):
it works. Yeah, you're fine. I just I love that. Oh
good, isn't that terrific? Oliahor Malayah? Hello, Yes, yeah,
hi. I have a question abouta fertility clinic that talked out the
(16:07):
embryos that were fertilized after we usedone of three in an attempt for a
pregnancy. That it fails. Okay, and we decided we would use the
other two and they said they werediscarded. Ah, okay. Let's look
at the original agreement you made withthe fertility clinic. You signed an agreement
(16:30):
that said, we keep the embryosand we'll pay for the storage. You
can discard the embryos or you candonate the embryos, and that has to
be in a written agreement. Wasthere anything written at all when you hired
the fertility clinic? No, onlythe storage. Oh yeah, you got
(16:52):
them. It's a good lawsuit.Oh yeah, yeah, yeah, it's
a very good lawsuit. And wheredo you what state do you live in?
Arizona? Hmm, okay, Idon't know the laws of Arizona,
California. There's no issue is propertybasically, although there's all kinds of emotional
damage. There's some big, biglawsuits and then states, So what is
(17:14):
it Alabama? Maybe it's Arizona wherethey said embryos are people and you have
a wrongfull death action you can suethem for killing your child, although that's
not gonna fly clearly. I thinkthe I believe that the legislature unraveled that.
So that's that's the extreme. Butno, you've got a lawsuit.
I mean there's no questions negligence.I mean two frozen embryos that are viable
(17:38):
and a failed in vitro at tamp. Yeah, that's a good lawsuit.
And then it gets really interesting andyour case, the value of your case
goes through the roof. If youcan't produce any more embryos, then it
becomes fairly astronomical. Yeah, it'stime for you to certainly get a lawyer
(17:59):
on this one. Willie. Absolutely. Now, I don't think I have,
strangely enough, even though I didthis kind of law, and I
had my surrogacy agency and this isexactly what we did, id forbid.
I actually know what I'm talking abouton this one. Calendar this. This
is the first time and I don'tknow how many years I got a call
where I actually know the answer.It is, you want to get a
lawyer who specializes in third party reproductivelaw. And all my contacts disappeared years
(18:23):
ago, So look up reproductive lawyer, reproductive law lawyer. There's a ton
of them out there. There havethere have been ones that have sued under
these exact circumstances, and you wantto look them up. It's mainly just
research here because there are a few, but they have nailed IVF clinics for
this. It is not a smallcase. Yeah, it's a big case.
(18:45):
Who Robert, Hello Robert, Yes, my question is, sir is
in two and twenty one, Iwent in I had a cordiac arrest at
the hospital. And during that way, wait, Robert, you got to
you got a cardiac arrest at thehospital? Do I have that right?
Yeah? Okay, got it.Okay, when I was visiting a friend,
(19:08):
Okay, to happen to happen tohave a defibrillator. So that just
makes it even the story even morefunny, just how I throw it in.
Yeah, I know it's hilarious whenthey bring you back to life.
I know, it's just wonderful.All right, So what happened? Okay,
So, like I said twenty twentyone in July, I go in
there, I have cardiac arrest.So they keep me for thirteen days and
(19:30):
they figure out, okay, Ihave problems. So two days later they
put a loop recorder, which isa heart monitor. Okay, then they
realized that they should have done that. The two cardiologists are arguing amongst each
other. So now they put apacemaker in me. In between the loop
corder and the pacemaker, they couldn'tdo nothing because they cause they caused two
(19:52):
blood cloths right under my heart.So they couldn't do nothing. So I
had to wait a little couple moredays. Then they put the the pacemaker,
and they messed up on the lead, the lead water that goes underneath
my heart, the lead word toin. That didn't take so very well.
So once they realized that they couldn'tdo nothing, they say, oh
my god, Okay, well I'mjust gonna have to wait because there's no
(20:14):
beds available with this COVID. Itwas just you know. So finally when
he went in there to do it, they realized he couldn't do it because
now they couldn't fix it because whathappened was a skin the tissue just like
welded itself in there. Okay,they had scar tissue, all right,
And so I'm assuming in the argument, had they done that timely, you
(20:37):
wouldn't have had you been able toput the lead in and had a pacemaker
that works. Do I have thatcorrect? Yes? Okay, and you're
still alive. I'd be far betterif you were calling me and you were
dead, I'd be a much bettercase. I mean, it's difficult they
actually have conversations with dead people.But we tend when it's a really good
case, we tend to stretch thatconcept here. I mean, obviously you're
(21:02):
going to talk to a medical malpracticeattorney. However, let me tell you
what issues you're facing. One,is this happen? Number two? Would
you not have had this problem hadthey done it at timely? And from
what you tell me, the factthat the lead came out of that area
(21:22):
happens. That may not necessarily benegligence. That's you have to prove they
did something wrong. And there isa percentage of leads that go in that
don't work without them doing anything wrong. It's just one percent, two percent,
three percent, whatever it is.And you signed a waiver, you
(21:45):
said, oh yeah, I'm willingto take the risk. Now you can't
sign off on malpractice and so youknow, and by the way, are
you going to die? Are you? I mean, you know, how
badly are you screwed? Upt?Can you not walk? Do you get
dizzy? Do you fall down?What are the medical complications of what happened
(22:07):
to you? As a result ofall this, there's like clarity is not
there anymore. I got to stopworking. They got some damage, right
now, you have to prove that'sas a result of what happened. But
okay, I mean it's certainly worththe phone call to a medical malpractice attorney.
So now, okay, I'll buythat there may be something there.
(22:29):
And yet I go for damages,you know, because oh, trust me,
hospitals and doctors they defend these thingstill the end of the world.
They don't just roll over. Thisis not just a small PI. Absolutely
not. Tom. Hello, Tom, Hey Bill, how you doing?
Yes, sir, what can Ido for you? Question for you?
(22:51):
Back on nine to eleven, Asyou know that there was a lot of
chemicals in the air right after theirfact and then after three days, the
EPA or the Environmental Environmental Protection Agencydeclared that the air were safe to breathe
in the area at ground zero.One of my family members has stage four
cancer and respiratory Wow, major problem. I'm assuming who was there at nine
(23:17):
to eleven? Correct, Yeah,he was, he was about he lived
ten blocks from ground zero? Okay, got it, And so he breathed
out here, and now what kindof cancer. Does he have Well,
I don't know how much you knowabout her, but there was tritium man
burium found in the water around.Yeah, I know there's a big issue,
but I'm just curious as to whatkind of cancer he has. Respiratory.
(23:41):
Okay, well he's got un cancer. So I was thinking about a
class class No, now he's notgoing to do a class Now. First
of all, there probably is aclass action suit already out there. And
here's the problem is, I don'tknow if anybody can sue. Certainly people
who were affected. Their was amany billions of dollars fund that was distributed,
(24:06):
and certainly for first responders. Idon't know how far it went for
anybody who was affected. If I'mtrying to remember, you know how far
that went. So you have tofind out if lawsuits can even be filed.
And so that's one. But asfar as the class action lawsuit,
believe me, he's not alone.There are plenty of people who are going
(24:26):
to make that and probably legitimately makethat claim and make that argument. But
you don't just start a class actionlawsuit for you know, from nine to
eleven. That doesn't work. Imean, you're going back twenty three years.
No, so he's got to findout what lawyer is out there,
what law firms. You know,him starting a class is crazy years ago?
(24:52):
Oh wow. Third, that's right, that's right. Yeah. So
it's you don't just come back andthen you have to connect. You have
to connect that. But that's whatthe lawyers do. But the bottom line
is no, just do the research, find out and it's easy. Yeah.
Literally, you just google lawsuits nineto eleven cancer and put the drug
(25:15):
and the chemicals there and that's that'sthe way to do it. Yeah.
You don't start class action lawsuits.Absolutely not. Oh Julie, Hi,
Julie, welcome. Hi. Alrighty. So my mother recently passed away and
(25:36):
her state was in a trust.Okay, So we were going through her
effects and I found some stock certificates. So I took those certificates to my
brokerage to try and deposit them,and they told me I needed probate information
from the court in order to positiveYeah. Yeah, that makes sense.
All right. Let me ask youtwo things. Here's a couple of questions
I have to throw at you.Number one, were those stock certificates in
(26:00):
the trust? Yes, they werein the trust. Not in her name.
They are in her name, butthe trust transfers her estate, which
is everything. Okay, so thetrust is the beneficiary. So who is
the trustee? I am. Oh. Then you go in and they're wrong
(26:22):
because you are the trustee. Thetrust says that you're distributing the trust.
The property is owned by the trust. In other words, the stock certificates
belong to the trust. So it'sthey're not in your mother's name, it's
the trust that owns them, andyou're the trustee. Here are the documents,
here's her death certificate. And you'recrazy. How much money are we
(26:45):
talking about? Oh? These stockcertificates are quite old, probably forty years.
That doesn't matter. It doesn't matter. What is the value of those
stock certificates? Now we don't know? All right, Well, first of
all, I would get a praise. I'd get it a praise. Just
find out, you know, youcall a broker and you go, you
know, I've got you know,GM stock, it's forty years old.
(27:07):
Here one of the number of sharesI have. What's it worth? You
know, what's it worth on themarket. It doesn't matter when you bottom
So that one doesn't make a lotof sense. I. You know,
I it's if it's substantial money,it may be worth to hire a trust
and a state lawyer to start handlingthat. And the estate pays that.
By the way, the trust willpay that. So get ye to a
(27:30):
trust and a state lawyer. That'swhere you go on this one. It
doesn't make a lot of sense forthem to do that. Last night,
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(27:53):
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(28:15):
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(28:38):
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(28:59):
zelman dot com. This is handleon the law
All right, you're ready to doit? Sure? Why not? This
is handle on the law, marginallegal advice where I tell you you have
absolutely no case. Before I diveinto the story, I want to share
something that I just saw on thecomputer screen where the phone calls come up
prior to my show here in LosAngeles on my home station KFI, there
(00:23):
is a host. His name isDean Sharp, and he's just great at
what he does, really really good. He is sort of a do it
yourself for he's a home designer.He was a contractor, and this show
is about helping people with their homesand the roofs and advice. And I
got to permit, do I needone or my contractor screwed up? Or
(00:44):
what kind of roofing should I do? I mean anything involving in the house.
And he is way too nice.I mean I think he's phenomenal,
but he's way too nice and whatwe want to do And I just thought
about this when one of his phonecalls was still on the board and someone
had called in and he didn't havetime to answer this. I wish I
(01:06):
was able to do it if wekept him on. Is how what's the
best way to plant a tree andyou know, other than roots down,
leaves up. Hey, thanks verymuch for the phone call. Where do
you go with that? Dean,on the other hand, would have spent
time with this person who had ahard time understanding up and down. Just
(01:30):
I've got to do that. Youknow. We also have the Here Again
on my local station on Saturday morning. It's also syndicated The Jesus Show,
where we have. One of theradio personalities is Jesus answering questions. And
you think it'd be blasphemous, it'snot. He is a real scholar in
(01:52):
the world of the Bible, andhe is a Christian, and it is
as Jesus as if Jesus had arace radio call in show. And it's
done very respectfully, and it's uh. And he gives spiritual advice and I've
often asked to fill in. Pleaseplease let me fill in so I can
give marginal spiritual advice. I mean, he gets people that are suicidal who
(02:15):
want advice, and they won't letme fill in. Jump. You're taking
way too much of my time.Just jump off the damn building and let's
get it over with. They won'tlet me do it. Oh, okay,
let's go ahead and move on.And our phone number here eight hundred
(02:36):
five to two zero one five threefour if you want to call eight hundred
five to zero one five three four. Supreme Court just came down with a
case. This is a very conservativeSupreme Court, as you can imagine,
and this came down a few daysago. And what the court said is
that people who have their cars seeinnocent owners of cars. You've loaned your
(03:02):
car to a friend who then iscommitting a crime. You've loaned your car,
or you've given your car to yourchild who goes out and does something
get is caught with drugs in thecar, and then there is something of
not only this person arrested, butalso the car seized. And you get
to go in front of a judgejust on the seizure issue. I'm innocent,
(03:24):
I want my car back. Well, the court said that the Constitution
requires a timely hearing, but notan immediate hearing. You're gonna have your
hearing, but you can't walk intocourt the next day and say I want
my car back. And this isthis is tough for people who have had
(03:47):
their cars seized by the authorities legitimately, but they should also and do have
a chance to go Wait a minute, I'm innocent here. I had nothing
to do with this. It wasthe driver who I innocently loan my car
to or Yeah. Basically that saidI loan my car RD nothing to do
with this, And the court said, yeah, you get your hearing and
(04:10):
you need a separate preliminary hearing todetermine. Nope, you don't. And
so it was the court coming downsix to three in favor of the authorities.
It's a very conservative court, tosay the least. All right,
Oh, do we have a letme see do I take just Steve?
Let me try Steve. I knowyou're talking, but we're sort of short
(04:30):
of phone calls here, Steve,are you there? I'm here all right?
What can I do for you?Steve? I wondered if I could
if I signed the fee waiver.I have a case going Superior court civil
accident, he can Can I getthe court to pay for the deposition?
(04:53):
No? No, courts don't payfor depositions unless you have a criminal case,
and even then you don't do deposit. It's a criminal case, but
you have to be destitute to getany help from the court. Once you
do get help, but you're assigneda lawyer. Then there the lawyer can
do all kinds of things that thestate pays for, the county pays for.
Not in a civil case, noway, you're on your own.
(05:15):
Were you injured? Yes, wellyes, but it was it's a messed
up case because they said it wasmy fault, but it really wasn't.
Okay, So you go to court, you go to trial on it,
and who do you want to deposea witness? Yes? Yeah, well
you get to pay for it.How much would it cost for say a
half hour the minimum? No,it's a four hour minimum, and it's
(05:40):
money. It's probably gonna cost youknow, ony twelve hundred bucks, maybe
fifteen hundred dollars. Also, doyou know you don't know the questions to
ask? That's true? Yeah,so you're gone. I think there's a
minimum four hours? Yeah? Ohman, yeah, I think so,
because you're you're you have a courtreporter you have to pay for and it
maybe today is the minimum and therewere several hundred dollars an hour. Oh
(06:03):
yeah, and you can and you'renot gonna do it on your own because
you don't know the proper questions.So yeah, you don't want to do
it. So, yeah, you'rea little bit over your head on this
one. Hi, Terry, you'reup. Welcome to handle on the law.
Good morning, Bille, Yes sir, thank you real quick. Okay.
I was in a accident twenty nineteen. Okay, I had back surgery,
(06:27):
next surgery. The case was supposedto be the policy the guy had
was for a million dollars. Mylawyer said, let's we're going to go
after his assets too. Okay,fast forward till now he's telling me that
let's just settle for fifty thousand becauseyour medical took up all of the money
(06:53):
and I don't want to do thehour my brother fifty grand Yeah, okay,
so if you settle for fifty thousand, you get nothing basically. So
that's not a good idea. Now, if I'm a little concerned about your
lawyer, well I'm a lot concernedabout your lawyer saying at first glance,
we're not only going to take thatmillion dollars, we're going to go after
(07:15):
or we're going to ignore the milliondollars and go after assets. Because if
even if you settle for a milliondollars, you're done. That's it.
Finish. You don't go beyond that. You have to waive any additional damages.
I had to tell you somethings reallyweird about this lawyer. One or
two things are happening. Either thecase really sucks and or this lawyer just
doesn't want to go to trial.That's the bottom line. And it's uh.
(07:38):
And if you're going for these kindsof damages, who hit you?
Or tell me a little bit aboutthe accident. Okay, a guy hit
me his insurance's state arm And likeI said, the initial of all the
way, for years it was okay, the million dollar policy are okay,
what is it? A million dollars? And that's kind of a you know,
(08:01):
high figure. Is it five hundredthousand? A million, five hundred
dollars per incident for a single incident, multiple incidents or multiple defendants, multiple
victims, it's a million dollars.That's a big, big policy. Yeah,
because the guy was well off.So I'm not sure all of the
details of how that, but Ijust know he said, we're gonna okay,
(08:24):
yeah, we'll ignore that. Ignorethat. You're your lawyer is completely
blowing smoke. Oh yeah, settlefor fifty thousand dollars, and by the
way, you get nothing. You'vegot the wrong lawyer. It's that simple.
So you go to another lawyer.That's for starters. I'm just a
little confused as to yeah, it'smore than a million dollars, there's insurance
and we're going to take fifty thousand. Something's really squirrely about that, right,
(08:46):
But when I try to call otherlawyers, Bill, no one want
to take the case because it wastwenty nineteen and I'm not stilling. Well
is to yeah, you filed alawsuit, I'm assuming already, right,
Yeah, okay, so you're fine, Fine, you're fine. I don't
understand. Go to the website,go to handle on the law dot com.
You'll talk to a lawyer, theguy who runs it, who's a
(09:07):
very very fine personal injury lawyer,and he'll just give you the advice.
He's not going to hustle the case. That's not what he does. He
does help people just say hey,yeah, you're okay, or no,
your lawyer is maybe not the lawyeryou want. That's the way I see
it, wrong lawyer, Because ifyou're going for a million dollars or more,
(09:30):
you're talking about a state farm.Let me tell you, they're going
to throw everything they can at you, because remember it's his insurance company.
You're going after, well him,but through the insurance company, and they're
defending him. And if you're notgoing to take the million dollars, which
is kind of bizarre, they don'ttake a million dollars and it's kind of
(09:50):
you know, no, well,no, I don't want to say we
didn't want to take the man.God, I said, that's all he
was saying before. And then justtwo weeks ago he said, all,
let's not go with that because theguy ended up dying two years ago.
And I say, oh, wecan't cross examine m so we might just
you know what, I don't knowenough about that because that becomes problematic when
(10:13):
people die on you. And sohere's why I want you to go to
the website, go to handle onthe law doct okay, and just ask
the question, here's what's going on. We're supposed to go to mediation on
Tuesday. Ye stop everything? Question? Yeah, stop stop everything, stop
everything. Call the law you wantto you know, you want a continuance
(10:33):
before you go on with this lawyer. It just sounds too squirrely to me,
and there's nothing wrong with getting asecond opinion, and if it's a
bad lawyer, you switch lawyers.I mean, people don't have a hard
time understanding the lawyer is your you'rethe client. You control it. Lawyer
works for you, and you canfire a lawyer all day long and there's
not much they can do about it. Now, I don't know what business
(10:56):
you are in. You have noidea, but I'll tell you what I
do know is technology is part ofit. There's no such thing as an
office anymore. Actually's been for probablydecades where there isn't a computer in front
of whoever's working there. And thisis where NetSuite comes into play. What
NetSuite does is help all of usbusiness owners well do what all of us
business owners want, make more money, more profit, and you'll get a
(11:18):
snapshot of your business performance that moment, that second, and it's not a
history, it's right there, howyou're doing. And with that, it's
better to make decisions and forecasts andfigure out which way you may or may
not go. Inventory management, ifyou do that, accounting finance, and
Netsuite's been doing this for twenty fiveyears. That's NetSuite everything you need to
(11:39):
grow everything for your business in oneplace. That is the magic of netsweet
Boy, what a dashboard that is. So download the net Suite checklist for
free to see if they can helpyou. Go to NetSuite dot com slash
handle NetSuite as an office Suite's NetSuitedot com slash handle Sally, Hello,
(12:00):
Sally, Welcome, Hi, thankyou. This is my husband died last
November and he left me a boatin Marina del Rey, which I do
not want. I found a buyerfor the boat. The terms of the
agreement was he would make monthly paymentsfor me and also monthly money towards the
slip rent, and I allowed him. I gave him permission to go aboard
(12:22):
the boat when I wasn't there becauseI lived ninety minutes away. Go ahead,
if you want to check on themaintenance, start the boat. That's
doing a favorite to me. Inthe meantime, the marina informed me,
in no uncertain terms that the leafagreement I have with them is that no
one is allowed on that boat unlessI'm present there. I didn't know that,
and they threatened me with like athirty day notice if I don't comply.
(12:46):
And this is of course I willcomply because I want to stay there.
In the meant I wrote the buyeran email stating the facts that came
from the marina. And he hasanother boat in the marina, so he's
finned the same kind of contract Ihave with him that he and I will
go out of my way to ifhe lets me, knowing months to be
there, I will come down.He can check on the boat that he's
(13:07):
bying. Blah blah blah. Buthe just kind of went off again,
and note wrote me back and said, I've purchased the boat. It's my
boat. I own the boat.And if I can't he whose name it
is it? Sally? Who istitled to the boat? Me? Okay,
well, how about okay? Sohe is now claiming that he owns
the boat. How about this,I'm claiming I own the boat. Now
(13:30):
there are two of us who aresaying we own the boat. Do you
have a house by the way,Do you do you own a piece property?
Yes? I do. Okay,let's throw that in the mix.
I own your property. Get offof it. Gee, I don't care
if it's in your name. Ijust own your property. What I would
do is if he's on the propertyon the boat. Just say get off
(13:54):
my boat, and if not,I call the police. You are trespassing.
And you call the and you tellthe marina exactly what's going on,
and you throw him off for trespassing, and you let the marina know you
got a trespasser. What was hewhat evidently he has done? Now I
was notified, yes, because Iwas going to go down to the boat
today that he has locked the boatup and then unlock it. Get a
(14:18):
locksmith and unlock your boat. Okay, it's your boat. It's your boat.
And then you sew him a smallclaims court for the cost of him
locking up your boat. I don'tknow how much. How much is a
locksmith cost a couple hundred bucks toundo the lock yep? Probably? Okay,
you hire a locksmith and you yougo there and you say to him,
(14:39):
I mean, if he's there,I'm calling the police right now.
You put in a complaint, Youlet the marina know and say I expect
security from the marina. This guyis he shows up on my boat,
he is trespassing, you know.I mean the fact that he's claiming I
mean, come on, really,I mean it's in your name, you
own the boat. You got aclown who is saying I own on what
(15:00):
basis? Just I own it?So what happens with his contract? Pieces
I'm not paying this anymore? Youcan sue him on that one. Is
that small claims court? Yeah?Well it it depends. It's how much
money you're paying. You know thecontract is breached. How much money does
it cost? I mean, youcan't hold it in perpetuity, So the
contract is basically over and you payhim for whatever damages. You figure out
(15:24):
how much until he left? Howmuch is he paid? And how long
does the contract run? And youknow, it just says forever. I
have to. I have to.I have to pay him back because no,
no, no, no, noabsolutely not no no no no no
no, you sue him for therest of the contract. No, you
don't pay him, let him,let him sue you. That's the way
(15:45):
it works. Yeah, you're fine. I just I love that. Oh
good, isn't that terrific? Oliahor Malayah? Hello, Yes, yeah,
hi. I have a question abouta fertility clinic that talked out the
(16:07):
embryos that were fertilized after we usedone of three in an attempt for a
pregnancy. That it fails. Okay, and we decided we would use the
other two and they said they werediscarded. Ah, okay. Let's look
at the original agreement you made withthe fertility clinic. You signed an agreement
(16:30):
that said, we keep the embryosand we'll pay for the storage. You
can discard the embryos or you candonate the embryos, and that has to
be in a written agreement. Wasthere anything written at all when you hired
the fertility clinic? No, onlythe storage. Oh yeah, you got
(16:52):
them. It's a good lawsuit.Oh yeah, yeah, yeah, it's
a very good lawsuit. And wheredo you what state do you live in?
Arizona? Hmm, okay, Idon't know the laws of Arizona,
California. There's no issue is propertybasically, although there's all kinds of emotional
damage. There's some big, biglawsuits and then states, So what is
(17:14):
it Alabama? Maybe it's Arizona wherethey said embryos are people and you have
a wrongfull death action you can suethem for killing your child, although that's
not gonna fly clearly. I thinkthe I believe that the legislature unraveled that.
So that's that's the extreme. Butno, you've got a lawsuit.
I mean there's no questions negligence.I mean two frozen embryos that are viable
(17:38):
and a failed in vitro at tamp. Yeah, that's a good lawsuit.
And then it gets really interesting andyour case, the value of your case
goes through the roof. If youcan't produce any more embryos, then it
becomes fairly astronomical. Yeah, it'stime for you to certainly get a lawyer
(17:59):
on this one. Willie. Absolutely. Now, I don't think I have,
strangely enough, even though I didthis kind of law, and I
had my surrogacy agency and this isexactly what we did, id forbid.
I actually know what I'm talking abouton this one. Calendar this. This
is the first time and I don'tknow how many years I got a call
where I actually know the answer.It is, you want to get a
lawyer who specializes in third party reproductivelaw. And all my contacts disappeared years
(18:23):
ago, So look up reproductive lawyer, reproductive law lawyer. There's a ton
of them out there. There havethere have been ones that have sued under
these exact circumstances, and you wantto look them up. It's mainly just
research here because there are a few, but they have nailed IVF clinics for
this. It is not a smallcase. Yeah, it's a big case.
(18:45):
Who Robert, Hello Robert, Yes, my question is, sir is
in two and twenty one, Iwent in I had a cordiac arrest at
the hospital. And during that way, wait, Robert, you got to
you got a cardiac arrest at thehospital? Do I have that right?
Yeah? Okay, got it.Okay, when I was visiting a friend,
(19:08):
Okay, to happen to happen tohave a defibrillator. So that just
makes it even the story even morefunny, just how I throw it in.
Yeah, I know it's hilarious whenthey bring you back to life.
I know, it's just wonderful.All right, So what happened? Okay,
So, like I said twenty twentyone in July, I go in
there, I have cardiac arrest.So they keep me for thirteen days and
(19:30):
they figure out, okay, Ihave problems. So two days later they
put a loop recorder, which isa heart monitor. Okay, then they
realized that they should have done that. The two cardiologists are arguing amongst each
other. So now they put apacemaker in me. In between the loop
corder and the pacemaker, they couldn'tdo nothing because they cause they caused two
(19:52):
blood cloths right under my heart.So they couldn't do nothing. So I
had to wait a little couple moredays. Then they put the the pacemaker,
and they messed up on the lead, the lead water that goes underneath
my heart, the lead word toin. That didn't take so very well.
So once they realized that they couldn'tdo nothing, they say, oh
my god, Okay, well I'mjust gonna have to wait because there's no
(20:14):
beds available with this COVID. Itwas just you know. So finally when
he went in there to do it, they realized he couldn't do it because
now they couldn't fix it because whathappened was a skin the tissue just like
welded itself in there. Okay,they had scar tissue, all right,
And so I'm assuming in the argument, had they done that timely, you
(20:37):
wouldn't have had you been able toput the lead in and had a pacemaker
that works. Do I have thatcorrect? Yes? Okay, and you're
still alive. I'd be far betterif you were calling me and you were
dead, I'd be a much bettercase. I mean, it's difficult they
actually have conversations with dead people.But we tend when it's a really good
case, we tend to stretch thatconcept here. I mean, obviously you're
(21:02):
going to talk to a medical malpracticeattorney. However, let me tell you
what issues you're facing. One,is this happen? Number two? Would
you not have had this problem hadthey done it at timely? And from
what you tell me, the factthat the lead came out of that area
(21:22):
happens. That may not necessarily benegligence. That's you have to prove they
did something wrong. And there isa percentage of leads that go in that
don't work without them doing anything wrong. It's just one percent, two percent,
three percent, whatever it is.And you signed a waiver, you
(21:45):
said, oh yeah, I'm willingto take the risk. Now you can't
sign off on malpractice and so youknow, and by the way, are
you going to die? Are you? I mean, you know, how
badly are you screwed? Upt?Can you not walk? Do you get
dizzy? Do you fall down?What are the medical complications of what happened
(22:07):
to you? As a result ofall this, there's like clarity is not
there anymore. I got to stopworking. They got some damage, right
now, you have to prove that'sas a result of what happened. But
okay, I mean it's certainly worththe phone call to a medical malpractice attorney.
So now, okay, I'll buythat there may be something there.
(22:29):
And yet I go for damages,you know, because oh, trust me,
hospitals and doctors they defend these thingstill the end of the world.
They don't just roll over. Thisis not just a small PI. Absolutely
not. Tom. Hello, Tom, Hey Bill, how you doing?
Yes, sir, what can Ido for you? Question for you?
(22:51):
Back on nine to eleven, Asyou know that there was a lot of
chemicals in the air right after theirfact and then after three days, the
EPA or the Environmental Environmental Protection Agencydeclared that the air were safe to breathe
in the area at ground zero.One of my family members has stage four
cancer and respiratory Wow, major problem. I'm assuming who was there at nine
(23:17):
to eleven? Correct, Yeah,he was, he was about he lived
ten blocks from ground zero? Okay, got it, And so he breathed
out here, and now what kindof cancer. Does he have Well,
I don't know how much you knowabout her, but there was tritium man
burium found in the water around.Yeah, I know there's a big issue,
but I'm just curious as to whatkind of cancer he has. Respiratory.
(23:41):
Okay, well he's got un cancer. So I was thinking about a
class class No, now he's notgoing to do a class Now. First
of all, there probably is aclass action suit already out there. And
here's the problem is, I don'tknow if anybody can sue. Certainly people
who were affected. Their was amany billions of dollars fund that was distributed,
(24:06):
and certainly for first responders. Idon't know how far it went for
anybody who was affected. If I'mtrying to remember, you know how far
that went. So you have tofind out if lawsuits can even be filed.
And so that's one. But asfar as the class action lawsuit,
believe me, he's not alone.There are plenty of people who are going
(24:26):
to make that and probably legitimately makethat claim and make that argument. But
you don't just start a class actionlawsuit for you know, from nine to
eleven. That doesn't work. Imean, you're going back twenty three years.
No, so he's got to findout what lawyer is out there,
what law firms. You know,him starting a class is crazy years ago?
(24:52):
Oh wow. Third, that's right, that's right. Yeah. So
it's you don't just come back andthen you have to connect. You have
to connect that. But that's whatthe lawyers do. But the bottom line
is no, just do the research, find out and it's easy. Yeah.
Literally, you just google lawsuits nineto eleven cancer and put the drug
(25:15):
and the chemicals there and that's that'sthe way to do it. Yeah.
You don't start class action lawsuits.Absolutely not. Oh Julie, Hi,
Julie, welcome. Hi. Alrighty. So my mother recently passed away and
(25:36):
her state was in a trust.Okay, So we were going through her
effects and I found some stock certificates. So I took those certificates to my
brokerage to try and deposit them,and they told me I needed probate information
from the court in order to positiveYeah. Yeah, that makes sense.
All right. Let me ask youtwo things. Here's a couple of questions
I have to throw at you.Number one, were those stock certificates in
(26:00):
the trust? Yes, they werein the trust. Not in her name.
They are in her name, butthe trust transfers her estate, which
is everything. Okay, so thetrust is the beneficiary. So who is
the trustee? I am. Oh. Then you go in and they're wrong
(26:22):
because you are the trustee. Thetrust says that you're distributing the trust.
The property is owned by the trust. In other words, the stock certificates
belong to the trust. So it'sthey're not in your mother's name, it's
the trust that owns them, andyou're the trustee. Here are the documents,
here's her death certificate. And you'recrazy. How much money are we
(26:45):
talking about? Oh? These stockcertificates are quite old, probably forty years.
That doesn't matter. It doesn't matter. What is the value of those
stock certificates? Now we don't know? All right, Well, first of
all, I would get a praise. I'd get it a praise. Just
find out, you know, youcall a broker and you go, you
know, I've got you know,GM stock, it's forty years old.
(27:07):
Here one of the number of sharesI have. What's it worth? You
know, what's it worth on themarket. It doesn't matter when you bottom
So that one doesn't make a lotof sense. I. You know,
I it's if it's substantial money,it may be worth to hire a trust
and a state lawyer to start handlingthat. And the estate pays that.
By the way, the trust willpay that. So get ye to a
(27:30):
trust and a state lawyer. That'swhere you go on this one. It
doesn't make a lot of sense forthem to do that. Last night,
I was having dinner with Anthony andLauren, the owners of the Zellman's minty
Mouth mins. They're also my partners, and we were talking about who in
our life has bad breath and itwas amazing how many do And I mentioned
(27:53):
my mother, My mother has rottenbreath, and they said, but your
mother is dead. I go,that's right. Dead people have rotten breath.
And so I suggested, well,it's kind of difficult to put minty
mouthmants. You have to go throughthe casket on her. But for the
rest of us who are alive andbad breath is part of our lives.
(28:15):
Zelman's minty mouth mint it's not justa min it's a breath freshener, tiny
little capsule that you swallow. Youput two or three in your mouth,
you suck on the minty coating andthen you swallow the capsules and they get
to work in your gut where badbreath starts. Many times because of the
foods that you eat, you canalso bite into them. That's Zelman's money
back guarantee. I've never heard anybodyusing one. Free shipping. If you
(28:38):
ordered three packs or more and you'regonna want to order more, I know
that. Boy, what a wayto clean up your breath. I mean,
people are still gonna hate you,but at least you're going to have
really terrific breath. Go to Zelman'sz e l m I ns Zelman's dot
com fifteen percent off when you usethe code handle Zelman's zel m I ns
(28:59):
zelman dot com. This is handleon the law
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