(06/08) HOTL Hour 3

Handel on the Law, Marginal Legal Advice. 

Episode Transcript

(00:00):
This is handle on the law,marginal legal advice where I tell you you
have absolutely no case. Right.There are tourist towns and then there are
tourist towns. And when you havetowns like I don't know, Palm Beach.
You have towns in California and Mexicothat people go to and the people

(00:22):
go on break right student break,you know, the holiday breaks, and
everybody goes crazy. Or you've gotplaces that are just known for being crazy.
And that is the case in thetown of Placa de da or Otto
Placha de Auto. Okay, it'son Spain's Costa Brava and it is just

(00:43):
about northeast sixty miles give or takeof Barcelona, and it's a redorse a
resort town. And I'm assuming assumingthat they've had some real issues in terms
of the partygoers here, because theyhave now introduced finds hefty ones for anyone

(01:03):
daring to go out in public incostumes depicting Genitalia. You can't look and
you can't dress like a Schwantz orlook like you're wearing a podunka. You
just can't do it. Oh,and you can't carry sex dolls around with
you, which are always fun tohave, usually Japanese sex dolls. And

(01:27):
if you get caught for walking orstanding on a street or public space without
clothing do you imagine, or onlyin your underwear, then you can get
nailed for eight hundred and eleven dollarsanti social behavior, whatever the hell that

(01:47):
is, which causes more of adisturbance. That's sixteen hundred bucks first time
out. No going shirtless or venturingout in a bikini in urban areas away
from the beach. Now, Platchade Auto has a population of twelve five
hundred people. On summer weekends,it's one hundred and fifty thousand visitors a

(02:09):
day. Wow Council said it's seemingto hire more cops to enforce the rules.
I don't know if you've ever beento a beach where people dress up
like that. I have once,and when they dress up and look like
penises, you've got a whole differentIt's just really wild in terms of the

(02:32):
size. If it's Orthodox Jews,the penis is very small, very tight
costume. Otherwise, and I'm notgoing to go into the rest of it
because i still want to do thisshow next week. Okay, let's go
ahead and take some phone calls.All right, Steve, you've been waiting
there a while. What can Ido for you? Yes, these are

(02:55):
kind of like really, I don'tknow if they are kind of dumb questions,
but there's no dumb question. Butanyway I want to sell, say
in a garage cell, items thatI have. Let's say I'm just saying,
for example, if I sell atool and it and it and it
catches on fire, am I responsiblefor that? Or let's say if I
sell a pocket knife, you know, just a little pocket knife, do

(03:16):
have to ask that? No?Probably not? Probably not now because if
a tool catches on fire, whichthey don't unless it is a defective design,
And how are you going to knowthat? So, I mean it
just happens. No, you don'tsell these regularly. You're not a recipient

(03:38):
of complaints where there's two or threeor eight having been reported. Now you're
fine there, there's not any liability. How about a pocket knife would have?
Now? Now, pocket knives arefine. The only thing is whatever
a knife is illegal And the onlyknife I know that's illegal in California is
a switch plade. You know,I still think I still think they're illegal.

(04:01):
I don't know, it's been alot of years. I mean when
I was a kid. Yeah,we used to play with sway you get.
You'd get switchblades from Mexico, youknow, you go, you go,
we go down to Tijuana and pickup fireworks which were illegal, I
mean the M eighty's those little bombseffectively that you'd blow up in swimming pools
and they were spectacular. And switchblades that you got. So you're finding

(04:26):
a border along my tree, alittle bordered, like a little two by
four border on my tree, oron the common area between the sidewalk and
the street. And so let's saysomebody trips on it, would I'd be
responsible for that? Yeah? Wellif yeah, if you put it up
and it's it's and it sticks upenough where someone trips on it, sure,

(04:46):
sure you gotta be. That's whyyou don't see those. That's why
you either see it flat or there'sa big enough wall there or a big
enough border where you can see it. But if it's small and tripable,
yeah, I think I think there'dbe liability there. Uh. That's why
I got invented home insurance, althoughyou know, I really don't know,
Uh, you know, with yourinsurance or no the law on that one.

(05:09):
How unusual. Hey, Mike,welcome to handle on the law.
Oh hi Bill, Yeah, Ilive. I live on a golf course.
And this morning golf ball came inmy backyard, which captains all the
time. And then the golfer camein the backyard looking for his ball,
and I have signs that say notrespassing. Right away, I found this

(05:31):
ball, but he also found mybucket of balls in the golf and so
I said, hey, and he'sputting golf balls in his pocket in his
pocket in his pocket, and Isaid, well, what are you doing?
He says, what do you care? You live on the golf course.
You got to expect this. Andthen he just went and got back
on the golf course and fell offthe little wall I have, and he

(05:57):
says, I'm going to get youfor this too. It's like, what,
okay, All, what's your question, Mike. Do I call the
golf office and turn him in oryeah, do everything? You call the
golf office, turn him in.All. I don't know what they're gonna
do about it. Maybe uh,they're going to preclude him from golfing again.
I have no idea. I'm hopingyou have a camera back there so

(06:18):
you can prove it, because he'sgonna deny it. No, I have
my cell phone that oh you videothis? Okay, So you got a
guy stealing golf balls? How muchis the value of those golf balls?
Nothing? You know? Yeah?So all right, so you have you
know the value of basically nothing?So now what uh? But uh yeah?

(06:39):
The best you can do is uhuh turn him in, and you
know there's not much you can do. Uh yeah, what I would do
if I what I would do underyour circumstances, I'd buy a shotgun,
yeah, and blow and blow hishand off and say, try stealing again.
Yeah, you can't do that.That's not good advice. Uh.

(07:00):
But one of the things you cando is literally when he shows up again,
called the cops for trespassing. Youare they gonna do anything? I
don't know, but yeah, letme ask you this. How high?
How high a fence are you allowedto put up there? I don't know
that you can have as high asyou want. Okay, so you put

(07:21):
up Okay? Is there any restrictionsas to putting up concertina wire that's gonna
slice him up completely? No,you ain't want to look into that and
just put up and actually invite himto hop the fence. Yeah, that's
what I would do. Yeah,that's uh. Yeah. The problem is

(07:42):
what do you do? I know, I understand I'd get pissed off too.
You know, what are you gonnawhat are you gonna do about it?
You know, here's a I'm stealingyour golf balls, a bucket full
of old used golf balls, which, by the way, if you go
to the driving range that or youuse him for practice. You know,
I mean, I guess there weresomething. That's why the shotgun advice was
there. Not that right afterwards,you feel pretty bad because you're going to

(08:07):
get into trouble. But man,the satisfaction, right satisfaction, is unbelievable.
James, you're up, Welcome tothe show. What can I do
for you? Hello? Bill?Yes, there's an inmate that's currently in
status Corcoran State Prison and he's tryingto see if he could find legal counsel
for representing him for a The defendantwas committed of a violation for drugs in

(08:30):
jail and in person. Okay,hold on man. First of all,
corkorand that is not a fun prisonto be in. I mean that is
about as max as you can get. And he was convicted of what he
was convicted of violation drugs, alcoholin jail, and he landed in twenty
five years of life. But itsomehow now reads the abstract of judgment,

(08:52):
doesn't read that or nor the minuteorder, and it says it only has
the commitment already served. Therefore wehave recorded his defense. Okay, So
what's your question, James is whathow what is it going to take for
him to go back to court andbe brought before the judge too? Well,

(09:13):
he can make emotion on his own. He can make emotion, sure,
Yeah, the plenty of courthouse.There are plenty of jail house lawyers
out there. Some of them arevery good because they've had a lot of
practice. I mean, you haveas a prisoner, you have access to
the law library whenever you want.You certainly can talk to any lawyer you
want. There's no limitation as tovisiting times or hours or days, and

(09:37):
it's people do it on their own. Now finding a lawyer at this point
you have to pay for it.I mean, he's not gonna get it,
that's what he was doing. Yeah, you're not gonna pay for He's
not going to get a public defenderon this one. You get a public
defender for trials, you don't gethim for appeals. Yeah, and then
the emotion that he would have tosubmit to the court is yeah, Yeah,
he files the motion and he doesn'thave to the fee. He doesn't

(10:00):
have to pay the fee. Alot of them do it handwritten, and
it's I mean, it's rare foranything to win. But he can do
it. Plenty of plenty do.As a matter of fact, the vast
majority of appeals in criminal cases arein fact prisoners who are filing them,
so of course deal with it allthe time. And he asked for whatever

(10:24):
rights or violator he asked in thiscase, there was obviously there were some
mistakes made in the paperwork, andit cost him a whole lot. So
sure, John, Hello, John, welcome. Yes, we just went
through a successful eviction. And myquestion is what are the odds of getting

(10:46):
any unpaid rent and or damages returnedback? Okay, well, let's talk
about it. Not in a vacuum. The people were evicted because they don't
pay They didn't pay the rent?Correct, correct? Okay, how much
money is owed? Right? Nowjust about twenty thousands. Okay, So

(11:09):
I am assuming they didn't pay therent because they didn't have the money to
pay the rent. No, notat all. Yeah, they didn't like
that the utility has got raided.Okay, all right, okay, good,
good, good, good. Soyou got the eviction and you got
a money judgment correct, correct,Okay, and they're out of the place

(11:31):
and you're rerenting it. I'm assumingcorrect. Okay. So now it's just
a question of money. What arethe chances I don't know those people.
If they're working and one of themgets a paycheck, you can go ahead
and garnish those wages you. Ifthey haven't yet, for example, changed
their bank account, you're lucky.If they haven't, it's the same bank

(11:54):
account that they wrote checks to you, or they wired them money from whatever
account. I think you have accessto get into those accounts because it goes
through the marshals. Uh. Andyou get to look up on the internet
just throw believe me, there's lotsand lots of information. Just so where
in the search words eviction, uh, money judgment, collection, and you'll

(12:18):
get not only lawyers who did this, collection agencies and with the collection agency
you get. I don't know whatthey take thirty forty percent. I have
no idea, but that's so.So with the lawyer that we hired to
do the eviction, are they atthis point done with everything? Because that's
the case sprint that there's finished.Yeah, they're finished. They're finished unless
you're going back into court unless isthat what the order to show causes order?

(12:45):
You've been filed with an order toshow cause? There there's I just
have the case print in front ofme, and the lawyers aren't you know,
they're not very communicative. Yeah,So who filed? Who filed?
The order to show cause? Well, that's what I don't know. Is
scheduled for July? Okay, who'swell? Okay, how about reading plaintiff
and defendant on that one? Whichare you? Uh? It just says

(13:09):
unlawful detainer at one pm in department. But you've already gotten but you've already
gotten a judgment, right, okay, so orders show cause? What you've
got the eviction? You have thejudgment? You got me on that one.
I have no idea what that hearingis about. What you want to
call you a lawyer and go what'sthis about? I don't I don't.
I don't know. I just don'tdo evictions, you know, I don't

(13:31):
do a lot of stuff there.God, I wish someone would call me
about frozen embryos. Uh, itwould be so much easier for me.
Nancy, Hi, Nancy, Hello, Yes, ma'am, mister beal,
Yes, okay. I have abrother who was in the Marines. When

(13:52):
he got out of the Marines,he became a mailman. Then his legs
were bothering him. He had tohave surgery because though on his knees,
you know, they were war gettingwe're out. So now he's bed written
and he can't get up. Sothe Marines come and they give him therapy
and all this stuff, and hesays he well, he's dying. Okay,

(14:13):
he's not well at all. Ishe dying or dying? Nancy?
Is he dying or does he sayhe's dying? Well? Yes? And
no? Okay, all right,okay, all right. So's you say
he is? Okay? His kidssay he is because he can't get out
of bed there twenty four hours okay. So then when he had surgery done,

(14:33):
he had went to attorney and theysaid he got his kids who he
has a house, so they canhave part of the house. Okay,
So can I come in? Andif he passes away, I hate to
say it, but if he passesaway, can I have a piece of
that pie? It depends on howhe's written it. It depends on a

(14:56):
will or a trust, don't youdon't. Yeah, then it's going to
go to his kids. Nancy.Okay. Let me tell you something would
happen my stepmother. Okay, mystepmother, her aunt gave her the house.
Okay, gave her a house.Nancy? Is his name? Hang
on? Is it is the house? I don't want to hear any of
that? Is the house in yourbrother's name? Is the house in your

(15:18):
brother's name? He can leave itto anybody he wants, Nancy, Okay.
And if he's screwing you out ofthe money, don't worry about it.
By the way, I mean,does it really matter, because what
you're gonna be dead in what fourmonths? Anyway? Right? No?
Not me? Oh okay, okay, just all right, fair enough lot

(15:41):
for him, you know. Yeah, well you know what the problem is.
And I'm not by the way,I'm not arguing that you probably deserve
a piece of the house. Youprobably deserve all of it, considering what
you've done for him. None ofthat matters, Nancy, Nothing matters except
it's his house. He can leaveit to whoever the hell he wants.

(16:06):
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(16:29):
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(16:51):
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(17:12):
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Use the code handle at Zelman's ZE l M I N s zelmans dot
com. Hello Mike, welcome toHandle on the Law. Good morning there.

(17:33):
I have a medical issue. Iwaited more than four months to see
your neurologies for my team management andnerve damaged. They're really shortened neurologist,
and after almost four months I hadI was dead before wait before my appointment
and I had a lot of teasto do in that day. And fifteen
minutes after my appointment, I toldhim, look, I have to go.

(17:56):
I'm waiting for more four months.They said, this doctor is very
busy. You have to wait alittle bit. Unfortunately I had to leave.
I couldn't wait any long day afteralmost five months, and is it
I'm ceiling pain this just happened recently, and I want to know, is
there anything I can do about thisopinion? Suffering for five months? Well,

(18:18):
first of all, quick question,why yeah, why do you wait
so long to know? Because theyare busy? Okay, But why didn't
you get another pay management doctor?Why didn't you go to another pay management
doctor? Well, this is thegovernment. Medicare gave me medica. You
listen to a lot of people takeMedicare. This is medical or Medicare medical

(18:42):
medical. Okay, so you're allright, So you basically broke uh and
uh, they gave you, uha doctor. I think a lot of
doctors take medical. It's not likethey can send you to one doctor at
least I think so. I mean, I've ever done medical. I've been
with Kaiser forever. But you thinkyou're alone, by the way, Mike,

(19:03):
you think you're the only one that'shad this happen. No, Now,
so let me tell you that here'sthe here's the legal response to that
is, Mike, understood, understandthat you couldn't get a doctor for four
months, five months. They keptyou in the waiting room so long that
you had to leave. Uh.And so the recourse here is get in

(19:26):
line because you're not alone. Welcometo the American medical system. No,
you're not going to get any moneyfor pain and suffering. Ain't going to
happen because we would all get moneyfor pain and suffering based on trying to
get into a doctor or in awaiting room. So no, the answer
is a very quick note or avery slow no. Omar, we can

(19:55):
go to you. Hello, Omar, welcome, Hi, good morning Bill.
Yes, sir, A couple ofmonths ago, my neighbor backed out
into my car. Second time he'sdone this, another one, both on
two cars. Let the first onego, but the second one couldn't let
it go because it was the Tesla. Come to find out, he refused
to give me his insurance. Hewas drunk at the time to refuse to

(20:17):
give me insurance. Insurance company wentthrough, and Rea found out that he
didn't have insurance. The car wasn'tinsured, neither was the car in his
name. So what's my recourse car? Do you have insurance? Yes?
I do, turn it over yourown insurance company. I'm assuming you have
comprehensive and uninsured motorist, right,yes, yes, yeah, you've got
an uninsured motorist on your hand.And that's why you have uninsured motorist insurance.

(20:44):
That's why God invented under insured uninsuredmotorists for exactly this situation that you
are covering yourself in the event theother guy doesn't have it. And that's
exactly what happens here. You turnit over to your insurance company. It's
not going to be a ding againstyou, doesn't count against you, omar.
Uh, it's just yeah, yeah, you're gonna hit with a deductible.

(21:07):
How big is You're a deductible fivehundred Well, that's what it's going
to cost you. Yeah, there'sno I mean, there's no way around
it. You know. That's that'swhat they charge court. Yeah you could,
Well you have to ask your insurancecompany their permission. Yeah, but
uh yeah, you can take themsmall claims court for five hundred bucks.

(21:29):
Why not? Okay, all right, appreciate it, right, give it
a shot. Yeah. That's alsowhy I got in shotguns. But again
that's a different issue. You know, I've given that advice twice today.
Uh is the shotgun advice, andit's really not good advice. Uh,
you know, I can't do that. The state bar has a real problem

(21:52):
with lawyers telling people to shoot theirneighbors because you have no place to go,
or poison their dogs. You knowwhere I don't have a problem with,
ever, is when I tell peopleto kill their wives or husbands in
the middle of these horrible divorces.For some reason, I don't get in
trouble for that, but certainly,certainly, you know, killing the dog

(22:15):
next door woo, that becomes aproblem. Okay, Mary, Hi,
Mary, Yeah, Hi. I'mhaving trouble with my veteran son. He
came to live with me about ayear and a half ago, and I've
been trying to get rid of himsince he claims he doesn't have any veterans

(22:37):
benefits. I went to VA andthey said he's never transferred any of his
benefits to the state, and alsohe's rearranged everything. I gave him permission
to sleep on the sofa couch untilhe got himself established. He himself out,
bought a bed. How long tookthere, He's been there a year

(23:03):
and a half. I've called thepolice, going to do anything, Yeah,
I'm not gonna do anything. Idid the order to apprehend. He
went to the hospital and they turnedhim loose. They didn't all what you're
going to do. What you're gonnado? What's your question? Mary?
Well? At this point, youknow I've been told the only option I

(23:26):
have is to evict him, butput another that's the option you have.
So I put another crazy veteran onthe street. Okay, Oh yeah,
I mean, or you keep acrazy veteran on your couch. You choose,
Okay, yeah, I mean therewas The point is he is a

(23:48):
tenant. That's why I asked howlong he's been there? Uh, he
absolutely is a tenant. And allyou can do is a victor tenant.
That's the law, period, allright, Randall Low, yes, sir,
to you, yes, sir.About two years ago, my wife
and I lost her mother and wewere having a heated conversation on the porch

(24:11):
at my house and the neighbor acrossthe street, who didn't like me at
all, he called the police andsaid that I was beating my wife.
The police came. My wife said, he never touched me. We were
arguing and he asked me do youhave any guns? I said yes.

(24:32):
They went into my house, tookall my guns, put them in the
truck of their car, put mein handcuffs, put me in jail for
seventeen hours, even after your wifesaid you didn't he And there was no
evidence, there was no bruising,there was nothing. It was a neighbor
who said you're beating your wife up. That is correct. Wow, no

(24:55):
evidence whatsoever. That is interesting,Okay. And then they when they said
you have any guns, and yousaid yes, did you give them permission
to come inside the house? No? I did not. They just they
just broke through the door or theyjust pushed you aside. The door was
open. I was sitting on acot on the porch. Okay, how
do they know where? How dothey know where the guns were? Did

(25:17):
they just tear your house apart lookingfor them? No, they asked me
where they were, okay, AndI said, I keep I keep them
in the back, I said,okay, and and uh, anyway,
they returned all but one gun.It was an s k S Russian gun.
I don't know what that is?My automatic? Oh, it's an

(25:37):
old Russian assault weapon. Okay,single fire, you know, you just
have a clip in it and boom, boom boom okay. And they never
returned it. And I went thereand I said, where is my gun?
And I don't know what to do. I mean that they's okay.
Well, first of all, I'mnot the guy to talk to you about

(25:59):
that, but there is an easyanswer because any gun organization, the NRA,
I mean, any one of thosegun advocacy groups, believe me,
they're going to go in and representyou, whether it's a civil motion or
any of it. And by thesounds of things, I mean, that

(26:21):
is crazy. And I would considersuing your neighbor for filing a false police
report. On top of that,he moved. He moved six months later.
Oh you don't know where he is, Okay, so you don't worry
about Okay, all right, fairenough? Yeah, so you want to
go and definitely find one of thosegun advocacy groups in terms of getting the

(26:44):
gun down now assault weapons. Assaultweapons are illegal in California, but you
can or they grandfathered in. Idon't know how long you've had him.
I have no idea how that lawworks. I am not a gun guy.
I had the gun for twin Yeah, so I'll clearly your grandfather got
grandfathered into anything I am. I'mnot a gun guy. I don't have

(27:07):
weapons, and I'm scared to deathof those things. I once bought a
gun. Uh. And here insouthern California, I once bought a gun,
and I went to I went tothe gun range and had an instructor.
And as I was firing the gun, every time the gun would go
off, I had an uncontrollable erection. And I talked to my shrink about

(27:30):
that, and she said, youmay want to give up guns. And
I said, okay, and Idid. Well, you gotta keep you
gotta keep a pistol in the bedroom. Uh. Yeah, well, you
know interestingly enough. Let me giveyou a story. This is true.
Is uh there were the riot afterRodney King, uh in southern California,

(27:52):
and uh, the place just brokeout. The riots broke out. And
so after the riots, and Ilived in an area that was sort of
an oasis in a part of LosAngeles where it was a really good area
surrounded by an area that was kindof sketchy. Uh. You know,
Beverly Hills, for example, isin the middle of Los Angeles. It's

(28:15):
its own city. So I wasin an area that was much the same.
And after the riots, and thereare people up and down the street
that were rioting and breaking into storesthat were two blocks away, and I
asked a cop friend of mine,saying, you know, what, what
do I do? You know ifthis happens again? And he said,

(28:36):
well, you pick up the gunthat you have and you protect yourself.
And I said, I don't havea gun. He looked at me like
Randall I was from another planet.The possibility of not having a gun at
home he couldn't even understand. SoI get it, you know, And
these are cops saying that to me. Anyway, at the NR, I

(28:59):
think you should you have that right. I am that right. I'm not
going to get into the politics thoughI understand the Second Amendment, I understand
the courts, but I'm just tellingyou I'm not a gun guy. So,
Uh, there are gun groups outthere, the NRA, I mean
there. I don't think you're gonnabe paying for a lawyer on this one,
not even a little bit. Christine, Hi, Christine, welcome,

(29:25):
Christine, you're there. Hello,Yes, yes, I am. My
friend's daughter got in a car accident, killed her passenger. She admitted to
the cops that both of them hadbeen smoking pot prior to the accident.
Uh, what is it likely they'vecharged her with involuntary man's laughter. What
is the likelihood that she will spendtime in jail? Pretty good? Pretty

(29:48):
good? She's a mother of twoyoung kids. Yeah, I mean that
helps. But you know, involuntarymanslaughter is no small deal. I mean,
can get okay, I mean fifteento life something like that. And
you know, judges when you killpeople under the influence. I mean,

(30:10):
admitting to the cops that she wasunder the influence is crazy. But you
know, and again it's someone whoprobably doesn't have experience with the police has
just killed someone. I understand.I mean you're gonna say weird stuff or
things that there is one more thing. Yeah, she swerved because the motorcycle
was going in and out. Thereare videos of the motorcycle. People have

(30:33):
it on tape of going in.I mean that's helpful. Okay, Now,
now that is helpful because the argumentit's going to be that is she
did not drive in an uncontrollable mannerbecause she was high, she was evading
a motorcyclist, and there's video thatcertainly helps. And my guess is they're

(30:56):
going to be dropping the charges basedon what you said. She needs a
good criminal attorney, and I mean, now she has a lawyer, but
I don't know how well she's got. That's one thing you've got to help
her with is making sure that asan experience, seasoned, qualified criminal attorney

(31:18):
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let me tell you about NetSuite.We're going to start with that.
No matter what business you're in,I guarantee you technology is part of it.
NetSuite comes into play to help yourbusiness make more money. It's that
simple. You'll get a snapshot ofyour business performance right there. Everything about

(31:40):
your business. You'll know instantly what'sgoing on that helps you with accounting and
finance and inventory management. If youdo that reliable forecast, you'll improve margins,
you'll make more money. It's thatsimple. One customer customized place.
What a dashboard? This is?This is net suite to help your business.
How do you know? Well,download the checklist that doesn't cost you

(32:04):
any money and you'll see if thatsweet could help you. And I'm I'm
willing to bet they can. Butthe download is absolutely free. Go to
NetSuite dot com, slash handle,netsuitet dot com, net sweet sweet as
an office suites netsweet dot com slashhandle and as I lock out. This
is the end of the program.I am still taking phone calls off the

(32:29):
air, and I'll be doing that, what probably for forty minutes or so,
and there are no breaks at all, so I go through them very
quickly. And as you know,patience is my middle name, so I
go through these phone calls pretty quickly. The number is eight hundred five two
zero one five three four. Ifyou're on hold, now stay on.

(32:52):
You'll be able to listen to KFIright here on right there on your phone,
and so just hang around, listenfor a bit and I'll get to
you. Eight hundred five two zeroone five three four. This is handle
on the Law