(06/15) HOTL Hour 3

Handel on the Law, Marginal Legal. 

Episode Transcript

(00:00):
This is handle on the law marginallegal advice where I tell you you have
absolutely no case. Okay, here'sone that when I saw this, I
go, oh yeah, this isgoing on this show. I'll tell you
I have many times told you aboutcrazy US cases. Matter of fact,

(00:23):
I'm starting a podcast in a coupleof weeks, and I think I'm going
to do one of the podcasts oncrazy ass cases, not only in America,
because no other country allows this kindof stuff. I mean, they
would laugh you out of court.Well, this one actually was laughed out
of court. So let me giveyou the facts on this one. It's

(00:44):
a case in which a Missouri womansues Geico why because she was stooping her
partner and he negligently infected her withhuman PEP coloma virus HPV, which is
an STD They had sex in histwenty fourteen Hyundai Genesis. She argues he

(01:11):
was aware that he had HPV butdidn't tell her he had HPV, and
they had unprotected sex and resulted theHPV resulted in past and future medical expenses,
mental and physical pain and suffering.Okay, I think it's a good

(01:32):
lawsuit against him, because if youhave a transmittable disease, and you don't
tell someone you're aware of it.I do believe there is an issue here,
But here's a fun one. Thisguy has no money, but he
has good insurance. She is suingthe insurance company, saying, because of

(01:57):
what happened, his negligence while hewas a insured by Geico, Therefore they
are responsible, just like if hehits somebody like he was driving negligently and
I have no idea. You know, maybe they were passing people. Well,
how do they know they even werehaving sex for people passing that he

(02:19):
did? They think she was bobbingfor apples. I have absolutely no idea
in the car, So there isno issue as to the facts. This
is what happened. Right they're inthe car, I'm assuming the back seat
stooping their brains out. We knowhe has HPV, we know he didn't
tell her they had unprotected sex.She got it. So she goes to

(02:40):
court and this is against Geico.She goes to court, and what do
you think the lower court says thedistrict court, This federal court says,
no, I don't think so,not only because he said, you know
what, I wouldn't have sex withtheir best your issue. What the court
said is that what he did maybe negligent, but it's not in the

(03:02):
scope of the ensurability of Geico.That's not what they mean by negligence.
It is driving, it is parking, it's not stooping. Now, if
he's driving and has sex, that'skind of fun. So, of course

(03:23):
the lower court judge said no,get out million dollar claim. By the
way, of course, Geico saidno because the injury didn't occur in the
normal use of the automobile, andthe judge agreed with that. So now
we're up to the Eighth Circuit appealslevel because she wants the district court to

(03:44):
reverse it. And she actually saysthe language of his insurance is so broad
that this would cover the transmission ofa disease by the way, she is
her HPV infection, and then wenton and on and so that actually is

(04:10):
an interesting question, as crazy asit is. What's the million dollars,
by the way, and you knowhow many people have HPV in society.
It's like eighty percent of people haveHPV. I mean, that's just the
way it goes, and it's easyto take care of, and it causes
infertility, It doesn't me It cancause you mental anguage, but it doesn't
cause you know, infections through ragethrough your body where organs are falling out,

(04:32):
none of that. So what doyou think happened? Huh, Well,
the court has not yet decided decidedwhat it is and we'll see what
happens in the appeals court. Whatdo you think which? Which way do
you think they're going to go?Mm? So what's the takeaway here?
If you're going to stup in thebackseat of a Hyundai, always wear a

(04:56):
condom always? Now what if thecondom breaks? Is the driver responsible for
that too? Don't know how farthat goes? I really don't. Fabulous
case, utterly fabulous. Okay,let's take at least one phone call before
we take a break. Hi,Sally, welcome. Hi, Yes,

(05:18):
yes, I I feel yes.I have a quick question. I want
to know if a spouse passed awayand if the name is, if the
husband and wife names are both onthe mortgage and on the deed, is
there need to remove the husband's name? I mean no, I mean you
can very easily, but you knowit's you're paying the mortgage, you're going

(05:41):
to transfer the property into your nameupon the death of a spouse. I'm
assuming that you held the parties.I don't know, is this you or
is this just a generic question mybest friend? Okay, your best friend.
So you don't know how title washeld, whether it was joey tendency,
probably joint tenancy. So with jointtenancy, the property goes to the

(06:04):
other spouse automatically, instantly and youand then the person who is still alive
gets the property transferred to him orher And that's easy. It's upon the
death of a joint tenant. Sothe property name is transferred and unless in
the papers, the mortgage papers,it says that it has to be refined.

(06:27):
I don't think so. I thinkyou're fine, all right, So
but the name should be transferred tothe mortgage. That's Maarten, what the
mortgage. That is the mortgage,That's what I'm talking about. So you
have title transfer, but the mortgagestay is exactly the same. Or you
tell the title company and they orthey, or you tell the mortgage company
they transferred just to the spouse name. But nothing's going to change. Nothing

(06:50):
is going to change. Dave,Hello, Dave, Yeah, yes,
sir, Yeah, I'm being aUS discriminating against the guy who wanted to
run an apartment from me because ofhis therapy dog. And he filed a

(07:12):
complaint with the Civil Rights Department aboutsix months ago. Okay, the civil
rights department of what what civil rightsto California? Okay, I don't think
there is a civil rights department ofCalifornia. So it's okay, with whatever
agency you filed the lawsuit. Andhe filed the six months ago. Correct,

(07:32):
he did not file the lawsuit.He filed a complaint. Okay.
Now now the Civil Rights Department isbugging me, calling and sending emails saying
that there is a mandatory mediation thatthey want to set up to decide if
they're going to go forward with theCivil Rights Department suing me. Okay,

(07:55):
and I told them what you said. I said, first of all,
I don't even know if you guysare and she said, we are real,
we've been around for twenty years.We be called something else. Yeah,
you know what if they say theCivil Rights Department already, that is
a woo. That's a red flagbecause I've never heard of the Civil Rights
department. But anyway, let's sayit is whatever agency and the guy complained

(08:20):
because now you mentioned the therapy dog. Is it a service dog or is
it a therapy dog? It's adog. Oh, then you're done.
That's it. Then they're done.They're done because anybody can say it's a
therapy dog. Yeah, you're gettingDave good for calling. That's it.
It's either a scam or they're blowingsmoke, or something's happening. I wouldn't
worry about it. Just say no, go ahead, no, no,

(08:43):
you go no place, you say, go ahead, file, I don't
care. First of all, it'snot even a service dog, it's a
therapy dog. Second of all,there are eight million reasons other than the
dog that I didn't want to rentto this guy. How about I didn't
like him, has nothing to dowith the dog. Uh, just I
didn't in my the way, mygut feeling is I'd rather rent to someone

(09:05):
else, having nothing to do withthe dog. And here's the argument that
he's going to make is that youdidn't rent to him because the dog.
And the loss is you can't discriminateagainst someone who has a service dog.
But it also doesn't give someone theright to be on top of anybody else,
be higher up on the food chainbecause they have a dog. It

(09:26):
doesn't work that way. So certificatefrom a psychologist not a shrink saying that
it's a therapy dog does that doesn'tmatter. It has to be a service
dog. They fight some a statuethat says that I broke it and I
haven't read it to say, youknow what, all you do is you

(09:48):
know what? I wouldn't even showup. What I would do. I
would say, you know what,go ahead and file, Go ahead and
file. I don't care. That'swhat I would do. Or you can
go, or you can check out. You know how legitimate? The civil
rights maybe a civil rights division ofsome organization. What exactly do you have

(10:13):
the document in front of you?Yes, it's a civil Rights Department of
California. The lady lawyer that calledme, I looked her up. She
does work for them. It's okay. What is so it's a civil rights
department of what? Uh? Lookat this logo here, civil Rights Department,
State of California. They have asort of official looking logo. I

(10:39):
got to tell you this, Ihave never heard of the Civil Rights Department
of the State of California. Ifit's it's new to me. Uh And
what the woman called you, andhave you gotten documentation as to a date
as to where you're going to go? Or is it just a phone call?
She gave me an option of alike a week, a couple of

(11:01):
weeks you've had choose one of thesedates and we'll say, hang on.
Is any of this in writing inan email? Yeah, it's an email
and it gives you God, Iwish I could see it. It just
it just smells the high heaven.Yeah, yeah, I would. You
know, you can investigate it,but it really stinks as far as I

(11:24):
can see it. I mean,just the Civil Rights Department of the State
of California. Someone who has aa therapy dog, which, by the
way, the only dogs that arelegitimate are service dogs that you can you
can't you can't discriminate. You've seenthose signs on restaurants, No dogs allowed,

(11:50):
and the exception are service dogs.That's the word. That's the appropriate
word. So something's going crazy here. I mean, that's just yeah.
Oh, and Tracy has a goodone, so I'll do. I'll come
back. Mark, let's go toyou. Hello, Mark, Welcome,
Hey Bill, thanks for taking thecall. I took a property management company

(12:11):
to court small claims because they knowwith holl the security deposit won the case.
They appealed the case. They didn'tshow up for the appeal. The
next day. They filed something askingthe judge to reconsider because they couldn't make
it to court on time. Justfound out the judge denied their request and
that the judgment stands. They're kindof a nasty company. I've done my

(12:35):
research. How do I collect myfunds? You have to do you have
any idea what their bank account is? No, okay, You're you're going
to have to go to a eithera collection agency that'll will go for it.
They'll take forty to fifty percent,or you're going to have to go

(12:58):
through all of the different diferent waysof doing it, and it's going to
take some work. It's going totake some work. One of the things
you can do is there is somethingcalled a UH there's a I forgot the
exact name, but you can forcethem to come in front of you.
The examination of a debtor UH whereyou file a document and they have to

(13:22):
come in front of you and yougo where are your assets? And that's
under the penalty of perjury. Soyou look at do you need a lawyer.
No, No, you do ityourself. Yeah, you do it
yourself. How much they how muchdo they do? How much they?
Yeah, lawyer, that's going tocost you more. So just do the

(13:45):
work and just nail them, andI would do the examination of the debtor,
examination of a judgment debtor, that'swhat they call it. Now.
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(14:31):
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(14:52):
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office suites NetSuite dot com slash handle. Hey Tracy, Welcome to handling the
law. Hi, Bill, Icalled you last week and let you knew

(15:15):
I was going to court for arestraining order the case about the Boom Boom.
But okay, I wrote out asworn declaration with thirteen things on it,
and my lungs are infected, soI had a hard time communicating with
the judge. So I gave himmy sworn declaration that was typed out and

(15:37):
let him read it so I wouldn'thave to talk too much. But I
let him know that my sister flewto Washington, d C. To assassinate
George W. Bush and was arrestedby the Secret Service, and that she
went to Devita dialysis to rip thetubes out of his arms. And he's
a double amputee. Korean War aboutGeorge Wait, George W. Bush is

(16:02):
a w amputee and he needed dialysis. No, my dad, Oh your
dad, Okay, I was justwondering. Okay, so you got to
connect the dots for me here.Okay, your sister goes to Washington,
d C. To assassinate George W. Bush. Connect your dad with the
double amputee and the dialysis for me? Yes, and my sister goes to

(16:27):
Bible study. And she lied underoath and denied it. Deny that she
went to Bible study, or deniedthat she tried to assassinate George W.
Bush, or denied that she hadanything to do with your dad with the
w imputation in the dialysis. I'ma little confused. She denied the assassination

(16:47):
attempt on George W. Bush.Okay. Was she arrested by the way,
Yeah, Tracy, was she arrested? She was arrested, and I
called the Secret Service told me Ihave to do a FIO freedom of Information
Act. Okay, hold on,she was arrested by the Secret Service?

(17:08):
Correct? Yes? Okay? Andwhy do you need the information on her
arrest? I don't get that one. So I could show the so I
could show the judge she's violent,mentally ill and unpredictable. Okay. So
okay, So assuming all that istrue, now, what what do you

(17:30):
what do you want? Did thejudge showed the judge, I have a
sister who is violent. She's mentallyill. She tried to assassinate George W.
Bush, which, by the way, was a while ago. You
know that he was president a wholelot of years ago. You're talking about
recently. She tried to assassinate him, right, No, no, long
time ago? Okay, got history? Okay, got it? So what

(17:52):
did you want the judge to do? I want after my infection is gone,
I want to be able to referencemyself and read them all thirteen sworn
declarations. Okay, but what doyou do? You want to represent yourself?
What are you asking for, Tracy? What do you want? What
do you want to judge? Forher? To stay away from me and

(18:14):
my mother? She worked at Disneylandand got caught stealing thirty thousand dollars and
my dad paid it back, soshe went to got us steal eat Tracy?
How do you steal thirty thousand dollarsfrom Disneyland? Trust me? She
is conniving, I understand, Buthow do you do it? Tracy?
That's amazing? How does she stealthirty thousand dollars from Disneyland? She's manipulative.

(18:38):
How did she do it? Iunderstand she's manipulative. She's good.
She wants to assassinate a former president. I get it. How did she
steal thirty thousand dollars? Okay?She would charge people? How do the
cash register? She would go onefor Disneyland, one for me, one
for Disneyland, one for me.Okay, what catchup? What cash register?

(19:00):
Tracy? Where where a cat?Where was the cash? Right?
It was at the I think itwas a blue Buyo by her to the
Caribbean restaurant. Okay, so she'sso she's at the entrance and she is
charging people to go into the restaurant. Correct, No, she's stringing up
their meal. Oh she walked there. So she worked at the Blue Byo

(19:26):
exactly? Oh god, all right. And she was able to take thirty
thousand dollars. They put a creditcard down and she was able to skim
the credit card and take thirty thousanddollars. Right. It was over over
a year a time, and whenthey audit it, she said, yes,
I did it, and my dadpaid thirty thousand dollars cash so she

(19:48):
wouldn't go to jail. She alsotried to buy a casino from Steve Win
in Las Vegas. That's more thanthirty thousand dollars. You know that,
don't you. Yeah, but shethought she was a baller. Okay,
but you know casinos running about twobillion dollars in Las Vegas. You know
that, Tracy, she bought bypeople that were homeless, brand new vehicles.

(20:15):
Okay. How was she able todo that? How was she able
to do that? Run the thirtythousand dollars from Disneyland? How many cars
did she buy for thirty thousand dollarsbut down payments on three thousand dollars?
I was one of them. Soyou're driving the car. So you're driving

(20:37):
the car she buy for you.No, that was a long time ago.
I got to repossessed. Okay,she only put down three thousand dollars.
Yeah, all right. So herehere's the problem you have, Tracy.
You've got a judge who clearly doesn'tbelieve anything you're saying, which I
don't understand. I mean, Idon't get why a judge wouldn't belie You've

(21:00):
you wouldn't believe you. I mean, you sound credible to me. You
you're making sense, even though it'skind of an interesting story. I'm shaking
my head and going, why whywouldn't the judge believe you as to what
your sister is doing? And youwant a restraining order against her? Because

(21:22):
why do you want her to stayaway from you? Because she attacked me?
My brother, Bill, that's aretired DA. My sister Donna,
who she gets boom boom with herhusband? And what is it? Okay?
What is both? Okay? Explainwhat boom boom with her husband is?
Please? It's Vietnamese for sex.Boom boom, wow, boom boom.

(21:45):
You know what I have to tellyou? Uh, you know what
I'm gonna Yeah, that is thebest legal advice I can think of,
and that is Bill, Uh,if I want to have sex and I
don't want to be deemed, forexample, accosting someone or harassing someone,
what do I do you say?How would you like to boom boom?

(22:08):
That's excellent, That's excellent. Yes, Tracy, thank you, I mean
you've made my day. All right, thanks, all right, thank you,
all right, we'll talk again.Thanks. Now. Usually I would
get incredibly pissed off that I spentan entire segment on one call, But

(22:30):
do me a favor. Just youwant to listen to this one on demand
and keep it. You should dothis for a ring tone. I know
it's a long run, but it'swell worth it, don't you think.
Yeah? All right, Timothy,you're up. Welcome? Oh hello Bill?
Yeah, I was calling. Wegot a restraining order and a kickout

(22:51):
order on a brother in law fromhis mother's house for two years. Who
is we? Oh? My motherin law and my wife and I went
to court and I had to geta lawyer to get him out of removed
from the house. Okay, becauseof elder abused. It's all filed.
Okay, So the restraining order wasagainst him, right, Timothy, Right,

(23:14):
okay, tim for two years.Right, he's removed for two years.
The kickout completely. You had tomove anything out of the house,
all right. He came with somedrug addict yesterday and the keys the locks
were changed and he was trying theold keys, and the doors went and
open. They walked around the houseand the brother in law went to the
other side and the druggie took ashovel through the sliding glass door and annihilated

(23:37):
the How did you did you seeit? Were you at home? Now?
The camera has picked it up.Oh, okay, the cameras picked
it up that my brother they brokein now because one of my younger brother
in laws was there and he toldhim he was calling the police. And
then the helicopters came. The copsall came with the guns. Found the

(24:00):
one guy. They found the oneguy. Okay, the one guy down
the road. Yeah, that's agreat story. All right, so far,
so good. So what's your question, Timothy? Okay, Well he's
got he's trying to file a restrainingorder against this because we put one on
him for trying to steal the mother. So what does he want you to
do? Stay away from him.Yeah, he don't live there no more,

(24:22):
and we live what is So whatis your question, Timothy? My
question? Do we need to keepgoing to court? We've gone and the
judge will listen to this, we'lllisten to the evidence. He said until
three people he's put a restraining orderagainst, and he said all three have
to be there before he'll listen tous. All right, well, judge
can if you want, if youwant to go away, yeah, probably

(24:45):
you have to be there. Thisis a judge saying I want to see
all three people. Otherwise there's norestraining order or there's no removal of this
training order. Yeah, judge cando that. Unfortunately, because he can't
leave. He don't leave the housebecause he has a anxiety problems. What
do you mean he won't leave thehouse. But you said he's not in
that court to go to court.Well, he doesn't go to court,

(25:07):
and then the judge is not goingto hear anything he has to say.
You can't do a restraining order andthere's a hearing and you don't show up,
I mean that no judge is goingto grant that. Well, we've
we've showed up, but my otherbrother in law didn't and he wasn't served
right. Well now they claim itserved right. Okay, just show up,

(25:29):
have him show up, have everybodyshow up. But he won't,
Well, then that's the Then therewon't. Then you say the then you
then you separate out your restraining orderand it's just you and your wife.
That's it. You do nothing todo with the others. That's it.
Yeah, the other the other Okay, Well try that. Now, do

(25:52):
do you think we still need togo? Even though they got a certain
they haven't worn out for the restbecause he violated the restraining order if the
judge, If the judge wants youthere, I would show up, show
up, Okay, yeah, Iwould if the judge. You know,
you don't want to go on theother side of a judge, now,
does it make sense? No?But what are you gonna do? The
judge can give some order against you, So that's kind of crazy. I

(26:17):
would, but that's me. Uhbe rude? Hello brude? Yes,
yes, what can I do foryou to take my call? Sure?
Listen? Is I was paintee formedical reason I couldn't attend the judgment without
prejudice? Was then I went toappeal at the window They told me you

(26:38):
cannot appeal. Why why couldn't youappeal? Why why couldn't you appeal?
He said, because it's in asmall claims called. You lose and you
cannot appeal. Okay, you filed, you filed the complaint. Hold on
a minute, you filed the complaintand you lost. Correct? Be rude,

(26:59):
because I wasn't. You just said, Okay, I don't care what
reason. It doesn't matter what thereason was. You you sued and you
lost. Is that correct? Yes? Okay? And now they're not letting
you appeal and you know why becauseyou can't appeal. A defendant can appeal,

(27:21):
but not a plaintiff. Those arethe rules of small claims. If
you sue someone and you lose,you cannot appeal that case. You just
lost it lost the case. Ifilled up the form they said you could
respond or answered I didn't know thebut I answer what and I explained,

(27:45):
answer what uh to? It's notthe appeal. What is it? To
the judgment? What is it?It's the I don't remember. But okay,
that doesn't help me. You can'tsay I don't remember what it was,
Bill, Can you help me outon that doesn't doesn't work that way.

(28:07):
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