Episode Transcript
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(00:01):
You're listening to Bill Handle on Demandfrom KFI AM six forty. This is
Handle on the Law marginal legal advice, where I tell you you have absolutely
no case. If you're injured needa lawyer, go to handle on the
law dot com. And if you'rea lawyer and want to help our listeners,
please go to handle on the lawdot com. Click on the join
(00:23):
today tab at the top of thepage. The following is up be recorded
program. One of the most inescapableissues about living in the United States is
having to hear leaf blowers. Idon't know who invented leaf blowers, but
clearly is a form of torture.I don't know if you live near a
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piece of property that has a leafblower, it's used by gardeners, that
you hear a leaf blower. It'skind of hard not to. I broadcast
in the mornings, for example,from my house on a regular basis,
and there are gardeners who come toproper that are six eight ten houses down
the street, and there goes aleaf blower, and I hear it through
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the house. And I even havesoundproofing in the room where I broadcast,
and I can actually hear it.I don't know how many decibels these things
are, but they are loud,loud, loud. So you have city
and states that are banning them outrightor restricting blowers that run on gasoline.
And I don't know how good thatdoes, because I have an electric leaf
blower that for some crazy reason Ibought and I rarely use because it's so
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damn loud. Actually I let thegardener use it, then I make sure
that I'm not there, and it'sstill ridiculously loud, maybe not as loud
as a gas powered blower. Butthe laws have been changed in many states,
many cities, many counties where youcan only use electric blowers because ostensibly
and they're not as loud, andgas motors, of course, contribute to
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climate change and gasoline fossil fuels emissions, etc. So here are a bunch
of laws that are passed saying eitherno leaf blowers or restricted to electric leaf
blowers. Okay, So where's thepushback? Makes all the sense in the
world, right, And by theway, has anybody ever heard of a
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broom anymore? And a large dustpanto scoop up the leaves and put them
in a trash can and the leafblowers. Here's what happens. Your neighbor
has a bunch of leaves on theyard and outcomes a gardener or out comes
your neighbor with a leaf blower,and you get the leaves. And I
tell you what I do when ithappens is I let the gardener use my
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leaf blower again I'm not there,and blow the leaves right back on my
neighbor's property. Hey, a broomworks. So here is the pushback.
And by the way, it's thepeople who garden. I don't know if
you do your own gardening. Idon't, but it's a lot easier to
move leaves around with this huge,honking leaf blower. So responding to these
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laws, responding to the political pushare number one, the manufacturers of leaf
blowers and labor folks who represent gardenersare saying that, wait a minute,
that's unfair to us. Why becauseelectric blowers are far more expensive, they
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don't do as good a job.The new regulations make it more difficult for
us to work. And unless youmanufacture a leaf blower, unless you manufacture
leaf blowers, or you work withthem and kind of hate the electric ones.
Come on, guys, actually theyshould be made completely illegal. They
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should disappear by the year twenty twentysix. All right, let's take some
phone calls Arena or Arena. Hello, welcome to handle on the law.
Yes, ma'am. Yeah, isthis still handle it is? What can
I do for you? Well,I have a question about time share.
So I heard this rumor from multiplesources that if your parents own a timeshare
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and they die, that you necessarilyhave to inherit this thing with its annual
fee. Nope, nope, nope, nope, nope, that's a croc.
You don't. It is not forever. It dies with them. Oh
it does. Yeah, it dieswith them. Now you can. Now
you can inherit. But you justsay, let's say they do leave you
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in some weird, bizarre area ofthe universe where they believe this is actually
worth something, and they leave itto you. All you do say no
thank you? Not interested? Butwho? But who do I say no
thank you to? You? Don'tsay no thank you to anybody because it's
not in your name, Arena.Okay, it's not your name. Because
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someone told me I have to writea letter. You don't have to do
anything. You do nothing. Idon't have to do anything. Oh,
you accept that if they write,if they somehow contact you and they say
you're responsible, then you say,where's my name on anything? Why?
Why don't you file a lawsuit forforcing me to pay you for something I've
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never signed? So I wouldn't worryabout it. Yes, that's a croc.
I wouldn't worry about it at all, all right, Mark? Hello
Mark? Hi. I built ahillside deck out of wood for this wealthy
couple that was supposed to be temporary, like two weeks, so no permits
were pulled. It's not a legalstructure. It's a year and a half
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later, the deck is still there. I reached sent a text to the
woman asking that it'd be taken downso I wouldn't be liable if someone gets
hurt on it. And nothing's happened. So I'm wondering what I should do.
Yeah, that's a problem. Uh, that's a problem. You built
a deck that needed to be perpermitted, that you didn't have a permit.
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Is that correct? Yes? Okay, that is a problem for you
to build something that had to bepermitted, that you didn't get a permit,
and now the couple won't take itdown. What I would do is.
I would contact Building in Safety zoning. Yeah, not zoning, it's
Building in safety. Building in safety, that's the department, and they're going
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to come out and they're going toorder that deck be taken down and whatever
trouble you are in because you builtsomething without a permit. I don't know
what they're going to do to you, but it's something that should be taken
care of. Now. It happeneda year ago, and you know you're
the one that built it, andnow they won't let you unbuild it.
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I don't know how that works.I would call Building in Safety and just
ask that question. Go to theBuilding and Safety to go over the counter
and go, hey, I gota question. You know if this this
and this happened, don't admit thatyou do it, but just ask what
happens if okay, okay. Otherwiseyou know you are looking at some liability
there. You built it and it'snon permitted, and maybe it's non permitted
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and doesn't meet that. There's nonpermitted, and then there's non permitted.
There's non permitted which still meets code, you just don't have a permit,
and there's non permitted that is downrightdangerous. And I don't know where that
is. Jenny Hello, Jenny Hello, Yes, ma'am. I have with
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my home American Home Shield that coversappliances and everything in your house. And
I had I called them over amonth ago when we had our last reigned
and told them I had a smallleak in my roof, and they said
that they can't find anybody close tome to come out and fix my roof.
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Okay, and I've called time andtime again. I get it.
So they don't have anybody and they'renot well to come out. I got
it. Now, is your insurancepolicy does it cover roofs? Does it
cover roof? Okay? With that, Uh, you're obviously that you're gonna
have to get it fixed. Jenny. That's for starters. You have no
choice. Now, let me askyou, when you called over and over
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again, have you been able tosend any emails? Can you prove that
you called other than you said you'vecalled? They go, No, you
didn't you have any proof that youcalled? Well, they they know I
don't have proof of this. Theysay, I can see that you've called.
Uh, okay, we can't findany book. I understand. And
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when they say, now we don'thave. We didn't. We didn't receive
a phone call. You never calledit. We're working on she says,
we're working on. No, Iunderstand that's what she's saying. Now,
do you have any proof at allthat you called? Because they're going to
deny it. They're gonna say no, no, I don't. Okay,
that's problem number one. Now,theoretically you can know their phone records.
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And now you're talking about a hugedeal. How much is it going to
cost you to fix uh that leak? I don't know, but you've been
here. Okay, they say theysaid their limit is a thousand. Jenny,
Jenny, Jenny, you have aroof leak that they're not willing to
fix or can't fix, or forwhatever. Why won't you get it fixed
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on your own? Because when thenext rain comes, uh, you're gonna
get Yeah. I mean that's forstarters. Forget about forget about them.
No, No, you do ityourself, you asked. I am asking
you this question. Why aren't youfixing it now to make sure that the
whole doesn't really open up and yourhouse gets flooded? Why wouldn't you do
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that? Jenny? I said itto them and they said, it's been
a pleasure talking to you. Thisis Handle on the Law. Welcome back
to Handle on the Law. HeyBill, welcome to Handle on the Law.
Hell him, mister Handle, Goodmorning to you, sir. So
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as I was explaining to the girl, you know, it's it's been a
few months. I was riding onthe boardwalk in Newport Beach on my bicycle,
probably going eight nine miles an hour, just kind of a cruising early
Sunday morning, and a dog dartedout of a house that they had left
the gate open, and looks likethe door of the house they left open
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and got through outside and onto theporch and then through that boardwalk and it
just came out like a dark Imean, I didn't even have time to
react and fam it hit my frontwheel. I went down and landed hard,
heard heart on my shoulder, tourtmy arm pretty bad. Who was
bleeding? And you know, sothe question is, I don't know.
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I mean, I I was stunned. I was kind of like knocked out
in the shop. Yeah. Sothe owner came out, he perviously,
you know, apologized that you know, the dog was new got out.
The kids were on the sand rightnext to the boardwalk and uh and you
know, blah blah blah. Andyou know, I said, well,
I need something at least clean upmy damages. I got blood all over
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the place. So he found theold tool an a tool cut the first
aid kitt in his car and uhbut so I went to the emergency that
following morning because I was in somuch pain. I mean I didn't go
to work all week. I basicallycould barely move. It was my whole
left side of my from the topof my shoulder all the way down to
my leg and my knees and allcompletely black and blue. I mean,
I have pictures of it. Iwent to the emergency and I said,
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nothing's broken, but it was.He basically have severe blood trauma and uh
so and that was pretty much it. And he gave me some pain killers
and actually the first time I havewas taking some oxy coat and just to
eliminate the pain. So, youknow, I am in contacting the attorney.
I spoke with our corporate lawyer awhile back and he said, like
you should, and I just,yeah, I'm not that type of guy,
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but I just your advice, whatwhat would you do? The problem
with a couple of things. Theowner of the house. The owner of
the house is a prominent attorney.He's got a large, large, large.
Yeah, that doesn't matter. Thatdoesn't matter because he's not gonna get
he's not going to get involved withit. There's no way. So was
this beach was this beachfront property?Yes? Okay, so he's got so
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he's got a pile of money.That's for starters and he has he's got
a pile of money. Okay,great insurance. Is second home. Okay,
so he's got great insurance. Notthat it matters, But what kind
of dog was it? You know? It looked like it was a young
husky? You probably. And thereason I asked the reason I asked that
is because if you go after himlegally, uh, what he does is
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simply turn it over to his insurancecompany. His homeowner policy covers that,
uh, and a husky will becovered rottweiler, pit bull, German shepherd
or excluded from the homeowner's policy.Uh. So you know, so there's
insurance there. Now you know whatit's about. Another another thing though,
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because the dog is his son.Was it was his son's dog, It
doesn't matter. Doesn't live in thathouse. He doesn't. But I'm just
saying because he yeah, he saidit was my father's. They doesn't matter,
you know, he doesn't matter,doesn't matter. He's responsible. So
you've got the gate that's open.I don't know what defense he's going to
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have because it was his dog orhis son's dog that ran out. Uh.
And the only issue is going tobe that did the dog jump on
you and topple you or did youhave to get out of the way because
the dog that really doesn't matter either. Uh. And now the issue is
going to be damages. When yousay you're banged up? How long ago
did this happen? A month ago? Two months ago? It was September?
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And you know, my shoulder isstill super okay, So you've got
I think you may have a personalinjury case. Is it hundreds of thousands
of dollars? No? Would Ilegally feel much better if your head was
torn off? Yeah? Would itbe great if the dog mauled you and
ate your arm off? Great casebecause there's obviously lots of insurance. But
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there may be something there. Well, there is something there. It's just
a question of is is there enoughthere to have an attorney get involved and
there might be. So I'm goingto suggest you go to the website,
go to handle on the law dotcom because that's full of personal injury lawyers
and you'll get you'll get an answereither the lawyers will say, you know,
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it's worth it, it's not worthit. A lot has to do
with the insurance company and what insurancecompany they're talking to. Does the insurance
company fight everything, do they settle? And so there's a lot of that.
And then you're going to go toa doctor. That lawyer suggests you
go to h And by the way, the fact that he's a prominent attorney
means nothing. He will turn itover to his insurance company. It's that
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simple. No one wants to dealwith that. So yeah, yeah,
My thought is, you know,even if I don't even get an attorney
involved, and just go ahead andwrite him the letter and say no,
no, no, no, ifyou're gonna do it, you get an
attorney involved, because what do youwhat's you gonna do? You're gonna start
negotiating with him in terms of money, because it's all about money, and
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that's it. No, you negotiatewith your insurance company because yeah, we're
gonna get me you are going toget so much less with the insurance company.
First of all, you don't evenknow what it's worth. So when
they tell you, they tell youwe'll give you, we'll pay your medical
and we'll give you three thousand dollarsand that's it. And how how do
you know it's not fifteen thousand dollarsor twenty thousand dollars. You have no
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idea, I know, So Iwould suggest that then don't do it.
If you're not in it for themoney, then just don't do it,
Okay. I get that some peoplejust are insanely against litigation and they're not
interested, that's one way to go. But if you are interested and you've
been injured and you want some compensationbased on what you told me, you're
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crazy not to go to a doctor, you know, I mean a lawyer.
And for example, you call meup and you go, Bill,
I've had severe injuries, and doyou have Should I go to the doctor?
Absolutely not. You know, youcan take care of it yourself.
No problem with doing a small surgeryat home. Just make sure the pairing
knife is well sharpened. I mean, you know that's basically what you're talking
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about. So yeah, i'd goto the website. Let me tell you
about cyber thieves. Cyber thieves commitsilent crimes, and it happens in the
dark. Someone uses your name informationonline. You don't even know what's happening.
You don't tell you when you findout when your credit card bill shows
up and you see all these boguscharges. Cybercrime, identity theft affect every
one of us almost daily, andwe've got to protect ourselves against these crimes
(17:03):
because well, the odds are thatyou or a direct family member will be
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(17:25):
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(17:48):
or visit LifeLock dot com promo code. Handle. This is handle on the
law. You're listening to bill Handleon demand from KF I am six forty
this had handled one the marginal legaladvice where I tell you you have absolutely
(18:10):
no case. Dolors, Hello,Dolores. I have a tenant. Oh,
I had a tenant sixty two yearsold, lived alone, you know,
a menace to everyone that lived inthe property. Nobody liked him,
but you know, they were awareof his when he came and when he
went. They hadn't seen him infive days. So they called me and
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said, hey, something's up,and I said, yeah, I know.
He didn't pay his rent on thefirst So it turns out I called
LAPD to do a well check upand I did that about five o'clock in
the morning to get him out ofbed. Well. The LAPD came by
and said everything was fine, andthe tenants kept calling me, Hey,
something's up. You know something's up, and I said, well, you
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know, let me call again.So they said, oh, you already
put in the call and I said, yeah, I put in a call
that they said it thing was fun, and my other tenants are saying,
no, it's not fine. Sothe cops came out again, and it
turns out they go, how shouldwe go in? I said, well,
go in at you know window,you know, go in that window,
you know, break it, andyou know, they go, oh,
no, we're going in the door. So they broke down both the
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front door of the back door andboth security screens. So I mean they
kicked them off. Yeah, yeah, I get it. Okay, Okay,
hang on a minute. I missedthe first I missed the first part
of our conversation. Do you ownthe uh you own the unit? Yes?
I do? Okay? Is itis it an apartment? Is it
a house? It's a four plex? It's a four plex. Okay.
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So they kicked the back door,they kicked the front door, and they
find him sort of room temperature.Correct, it was dead yes, okay,
I mean I mean completely dead,like uh yeah, okay, he
had been dead for several days.Okay, that'll do it. Yeah,
okay, So that that that thatgoes over the line of yeah, he's
dead, all right. So theybroke the doors front and back, and
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uh, what okay, and whatis your question? Well, the cops
wanted me to identify him. Isaid, I'm not going to go see
what. I'm not gonna I can'tundersee that, so I will not identify
him, okay. And they said, well, we can't find his wallet.
I said, well, that's upto you. I said, he
doesn't have family as far as i'mno. And they said, well,
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it's up to you to find hisfamily. I said, I have no
clue. Right, No, youcalled it correctly. It is not up
to you, So tell me whathappened. The corner came out, you
know, picked him up, andthey said you can't go in there for
two weeks. We have to findhis family. And I thought, okay,
well, you know there's broken doors. Squatters can go in there.
You know there's for most people aroundthere. I know that. Yeah,
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I don't. I don't get that. I really don't understand that. You
can't go into after he's gone andhas taken off to the morgue. You
can't go in until they find thefamily because the family. The only thing
they're doing is identifying the body andtaking the bar from the morgue. It
has nothing to do with your apartment. So that is a weird one exactly.
Yeah. So you know I talkedto them, what is it the
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watch command? And I said,you know, I called it five in
the morning to get a well checkup on this guy. I didn't know
he was dead. But they saidthat everything was okay. You know,
by six o'clock they'd already done theiryou know, whatever they need to do.
Well, this guy never answered thefront door to anybody, you know,
no matter. So all right,you know, we went through what
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happened. All right, So he'sdead and they ignored the well call or
they said it was okay. Sowhat's your question? What's your question?
Who pays for my doors? Ithink you do. You can make a
claim against the city, But ifthey argue good faith and come up with
any reason whatsoever for going in therethat is legitimate, there's not anything you
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can do. Uh, you gottafix the door. Also, their will
bs about you not going into yourapartment, you can ignore that. What
are they going to do arrest youfor going into your apartment because for some
reason, I mean, that makesno sense. That's when you sue if
they arrest you for that, that'sgood news for you. But no,
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you get to you get to fixit all. Unfortunately, make a claim
that they could have done in aneasier way, but you'll get denied because
the city also always denies everything.And then you go through the process,
you appeal and back and forth,and inevitably you're taking a small claims court
at some point. How much isgoing to cost you to fix everything?
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Oh, it's been about twelve hundredbucks. Yeah, well there you go.
Now you get to deduct that.You know, that's a deduction,
so at least that is. ButI know, I know, you can
call the insurance company. Now youcan call your insurance company. But you
get to pay the deductible too.Oh they said that they wouldn't cover it
because the police did it. Ohokay, so there's an exclusion. Yeah,
you're out twelve hundred bucks. Hey, how much was he paying?
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Was he paying below market rent?He was paying two hundred and sixty one
dollars and seventy five cents a month? Yes, oh my goodness. So
let me ask you what is themarket rent for that fourplex erve? That
unit? Two thousand dollars, dolores. Are you insane? If I had
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known that, I would have askedyou, what did you do to kill
him and get away with it?Well, I inherited the properties. It
doesn't matter. It's worth two thousanddollars a month, and you're upset about
a twelve hundred dollars hit where youhave been getting two hundred and eighty dollars
a month and you're not going toget two thousand dollars a month, delaars?
What planet are you on? Bestthing that ever happened to you is
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this guy dying. He loves you, he died. He gave you a
market rent, you know, yes, mozle top. Yeah, it is
a big mozle top it is.He did you a huge favor by dying.
Wow. Hello, Rick, welcome. Yes, I've got a situation.
(24:06):
Are you there? Yeah? Igot into a loan back in two
thousand. It was a helock loan, and several years into the loan,
my wife lost her job and wecouldn't make the payment anymore. And then
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a couple of years after that,I got a statement from Saint Paul from
Bank of America that this loan wasforgiven, and I never heard anything about
it. Ten years later a companypicked up the loan, and now they
want the interest for all the moneythat I didn't pay. Okay, Well,
(24:51):
yeah, that doesn't work out forthem. You have a copy of
this loan is forgiven letter? Right, it was a charge back. Bank
of America had it as a chargeback. That doesn't That doesn't way,
That doesn't mean that it's forgiven.That's just an accounting situation for them.
I got some bad by in theearly two thousand and so I ignored it.
(25:18):
Oh yeah, you know, it'sjust because it shows charged off,
that doesn't mean you don't owe it. So, yeah, you've got some
bad advice. So now you havea three hundred thousand dollars demand for something
that, well, you owe themoney. Well, there may be some
(25:38):
defenses in that. I'm just tryingto think this through for a moment,
and I'm hoping I'm not too credand that is okay. When did okay,
wind did the last payment? Whenwas it made? I would say
around two thousand. Oh yeah,I think I think you're okay because if
they didn't go after you, theydidn't make demands. You know, there's
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only a four year statute in whichthey can sue you. And so if
you're looking at a company that's sayingthe interests that you didn't pay twenty years
ago or over twenty years you oweus, you go no, no,
not at all. No, You'vegot some defenses you don't pay that.
(26:21):
Now, the bank had the opportunityto sue you before the four years was
up twenty years ago, but theydidn't. And if they didn't, no
one can sue you. You're done. Okay, But okay, my question
is what I'm fearing. It's tiedas a real estate check in to my
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home, and now my real estatefirst is smaller than my second, and
I'm afraid that they're going to buyout my first in the foreclothes of my
house. They can try, andif I'm correct, Rick, if I
am correct, and they're going afteryou for money that is beyond what the
(27:07):
statute allows. And this is whereyou're going to have to talk to a
business lawyer because you don't want to. This is the wrong guy to ask
because this is way above my paygrade and my expertise. This is handle
on the law, and welcome backto handle on the law. Marginal legal
Advice, John Hello, John,welcome to handle on the law. Oh
(27:33):
hi Bill. I have a bookand it's medical malpractice law, and the
author, as a lawyer, saysthat in the court of law of the
medical records are considered a factual andtruthful account of what took place with a
patient, and you can rely onthem for a history of a patient so
forth. But do you know ofanything in the law that says that same
(27:56):
thing, like in the code ofcivil procedure or the civil code or statute
I'm sorry, other than the medicalrecord, or do I know that that's
the law? Well, yeah,do you know if that's the law?
I have no idea, absolutely noidea what you're referencing. Do you happen
to have a statute or do youhappen to have rules of court procedure Where
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medical records are considered to be truthfulon their face, you can always refute
them, by the way, thatdoesn't mean you can't refute them and say
no, they're not it's not true. But the presumption is that they are
a true and correct memorialization of whateverthe medical the medical condition is underlying medical
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issue. So no, I don'tknow the exact statute, but makes sense
to me. Yeah, why areyou asking? Well, I wonder if
I can rely on them to tellwhat took place with a family member was
Yeah, you know, I whynot? And who's going to refute it?
I mean, medical records are medicalrecords, even if it wasn't the
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law, even if it wasn't procedure. What else do you have. You
have medical records, a doctor wrotethem. There's a lot of credibility there.
Yeah, it's just that the expertsget involved and say no, it
means this or that. That's alwayswhat happens. The experts always get involved
and refute. Let's say you're suingsomebody based on medical malpractice and there are
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the medical records right there, andyou're arguing that. You don't think the
defendant is going to say those arewrong, that's not what happened. The
doctor made a mistake when he wrotethose medical records, or the nurse didn't
write it correctly. Of course they'regoing to defend and say that. Yeah.
Yeah, I mean that happens everysingle time. But having medical records
that say A is really good becausethe other side B has to say those
(29:49):
records are wrong and prove it.Yeah. Yeah, because the presumption is
with those medical records, especially ifit's law, especially if it's within code
or procedures, or it's been Thatconcept has been upheld by the appeals court,
which makes sense to me. Yeah, yeah, what happened? You
have someone in your family dying?Yeah, yeah, she was killed.
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It's actually a homicide. And I'msaying I'm claiming that to be the truth
based on the records. And Iwas there and I talked to numerous doctors.
Who's okay, and the and theautopsy said that she wasn't killed as
a result of a homicide. Yeah, at the time, we didn't know
what was going on, and theyput it down as a natural death.
I want to have it change.How was she killed by doctors incompetence?
(30:36):
And oh you're talking okay, you'retalking about malpractice? Medical malpractice? Yeah,
okay, what that certificate? Okay? What was the medical malpractice?
What do they do to kill youryour relative? Well, they left her
to get an infection over and overagain when she went to the hospital by
the Folly cath and she was onammusuppress and drug and she got one infection
(30:57):
at Okay, all right, allright, it sounds like a medical malpractice
case. So you go to ajust you should be talking to a med
mal attorney instead of me based onwhat you say. That's all over the
I mean, it smells like malpracticeall over the place. And a lot
of doctors cover up that stuff.Let me tell you, nurses cover up
(31:18):
because when they realize they screwed up, O, no, no, no,
we didn't and then they'll either changethe records or write the records as
to show that they didn't screw up. So that happens all the time.
How when did this happen? Whendid your relative die? A long time
ago? It's long ago. Ohyou're done, you're done. Yeah,
(31:40):
But I would like to have herdeath to corrected because well they're not.
It's not gonna happen. What areyou gonna do? How are you going
to have her death certificate corrected?Are you going to go into court and
prove that the malpractice took place eventhough you have no ability to sue?
So what you're going to do issue for the change of a document,
(32:04):
and no court is going to giveit to you. Based on the medical
records it should be. They're notgoing to pay attention to the medical records.
No court is going to pay attentionto medical records. Go oh,
this was wrong from two thousand andfour, twenty years ago. And by
the way, at this point,why does it matter why you want to
do this, John, Well,because it's it's not right that you should
(32:28):
be taught said to have died ofnatural causes. Okay, all right,
so let me do this. Youknow what I'm going to I'm going to
find you a lawyer who's probably onlygoing to one a ten thousand dollars retainer.
I wouldn't doubt that this is goingto cost you twenty five thirty thousand
dollars. And there are lawyers outthere that absolutely will take your money even
(32:51):
though there's almost no chance that thisis going to succeed. And if you're
prepared to do that, at least, sorry, what the truth is?
At the very least without doing that, can I say the truth? You
can say whatever you want, whatthe medical records say. You could say
whatever you want. Well, theymight charge defament, yeah, oh absolutely.
If you're acute, Oh yeah,if you're accusing a medical professional of
(33:15):
lying on a medical record, amedical form, of course, they can
sue you. Hey, but maybemaybe it's worth the defamation. Maybe it's
worth it where you get hit witha defamation suit. Okay, well,
they're gonna have to argue with themedical records because it's all documented in the
medical records. They're not gonna arguewith the medical records. They're going to
(33:36):
sue you and simply say none ofthis is true, or they're gonna say
those are the medical records. They'regonna say, yes, that's what happened.
And you don't have any proof thatit didn't happen. Well, then
then then they don't have any right. Oh god, all right, ayeah,
John, there we go. Heyyeah, yeah, yeah, I'm
damn it. You pound your table. This isn't right. This isn't right.
By the way, this happened twentyyears ago, but it doesn't matter.
(33:59):
This isn't right. All right,Yeah, congratulates you've been listening to
The Bill Handle Show. Catch MyShow Monday through Friday six am to nine
am, and anytime on demand onthe iHeartRadio app.
You're listening to Bill Handle on Demandfrom KFI AM six forty. This is
Handle on the Law marginal legal advice, where I tell you you have absolutely
no case. If you're injured needa lawyer, go to handle on the
law dot com. And if you'rea lawyer and want to help our listeners,
please go to handle on the lawdot com. Click on the join
(00:23):
today tab at the top of thepage. The following is up be recorded
program. One of the most inescapableissues about living in the United States is
having to hear leaf blowers. Idon't know who invented leaf blowers, but
clearly is a form of torture.I don't know if you live near a
(00:44):
piece of property that has a leafblower, it's used by gardeners, that
you hear a leaf blower. It'skind of hard not to. I broadcast
in the mornings, for example,from my house on a regular basis,
and there are gardeners who come toproper that are six eight ten houses down
the street, and there goes aleaf blower, and I hear it through
(01:07):
the house. And I even havesoundproofing in the room where I broadcast,
and I can actually hear it.I don't know how many decibels these things
are, but they are loud,loud, loud. So you have city
and states that are banning them outrightor restricting blowers that run on gasoline.
And I don't know how good thatdoes, because I have an electric leaf
blower that for some crazy reason Ibought and I rarely use because it's so
(01:32):
damn loud. Actually I let thegardener use it, then I make sure
that I'm not there, and it'sstill ridiculously loud, maybe not as loud
as a gas powered blower. Butthe laws have been changed in many states,
many cities, many counties where youcan only use electric blowers because ostensibly
and they're not as loud, andgas motors, of course, contribute to
(01:56):
climate change and gasoline fossil fuels emissions, etc. So here are a bunch
of laws that are passed saying eitherno leaf blowers or restricted to electric leaf
blowers. Okay, So where's thepushback? Makes all the sense in the
world, right, And by theway, has anybody ever heard of a
(02:16):
broom anymore? And a large dustpanto scoop up the leaves and put them
in a trash can and the leafblowers. Here's what happens. Your neighbor
has a bunch of leaves on theyard and outcomes a gardener or out comes
your neighbor with a leaf blower,and you get the leaves. And I
tell you what I do when ithappens is I let the gardener use my
(02:39):
leaf blower again I'm not there,and blow the leaves right back on my
neighbor's property. Hey, a broomworks. So here is the pushback.
And by the way, it's thepeople who garden. I don't know if
you do your own gardening. Idon't, but it's a lot easier to
move leaves around with this huge,honking leaf blower. So responding to these
(03:00):
laws, responding to the political pushare number one, the manufacturers of leaf
blowers and labor folks who represent gardenersare saying that, wait a minute,
that's unfair to us. Why becauseelectric blowers are far more expensive, they
(03:22):
don't do as good a job.The new regulations make it more difficult for
us to work. And unless youmanufacture a leaf blower, unless you manufacture
leaf blowers, or you work withthem and kind of hate the electric ones.
Come on, guys, actually theyshould be made completely illegal. They
(03:43):
should disappear by the year twenty twentysix. All right, let's take some
phone calls Arena or Arena. Hello, welcome to handle on the law.
Yes, ma'am. Yeah, isthis still handle it is? What can
I do for you? Well,I have a question about time share.
So I heard this rumor from multiplesources that if your parents own a timeshare
(04:06):
and they die, that you necessarilyhave to inherit this thing with its annual
fee. Nope, nope, nope, nope, nope, that's a croc.
You don't. It is not forever. It dies with them. Oh
it does. Yeah, it dieswith them. Now you can. Now
you can inherit. But you justsay, let's say they do leave you
(04:29):
in some weird, bizarre area ofthe universe where they believe this is actually
worth something, and they leave itto you. All you do say no
thank you? Not interested? Butwho? But who do I say no
thank you to? You? Don'tsay no thank you to anybody because it's
not in your name, Arena.Okay, it's not your name. Because
(04:53):
someone told me I have to writea letter. You don't have to do
anything. You do nothing. Idon't have to do anything. Oh,
you accept that if they write,if they somehow contact you and they say
you're responsible, then you say,where's my name on anything? Why?
Why don't you file a lawsuit forforcing me to pay you for something I've
(05:15):
never signed? So I wouldn't worryabout it. Yes, that's a croc.
I wouldn't worry about it at all, all right, Mark? Hello
Mark? Hi. I built ahillside deck out of wood for this wealthy
couple that was supposed to be temporary, like two weeks, so no permits
were pulled. It's not a legalstructure. It's a year and a half
(05:40):
later, the deck is still there. I reached sent a text to the
woman asking that it'd be taken downso I wouldn't be liable if someone gets
hurt on it. And nothing's happened. So I'm wondering what I should do.
Yeah, that's a problem. Uh, that's a problem. You built
a deck that needed to be perpermitted, that you didn't have a permit.
(06:01):
Is that correct? Yes? Okay, that is a problem for you
to build something that had to bepermitted, that you didn't get a permit,
and now the couple won't take itdown. What I would do is.
I would contact Building in Safety zoning. Yeah, not zoning, it's
Building in safety. Building in safety, that's the department, and they're going
(06:23):
to come out and they're going toorder that deck be taken down and whatever
trouble you are in because you builtsomething without a permit. I don't know
what they're going to do to you, but it's something that should be taken
care of. Now. It happeneda year ago, and you know you're
the one that built it, andnow they won't let you unbuild it.
(06:45):
I don't know how that works.I would call Building in Safety and just
ask that question. Go to theBuilding and Safety to go over the counter
and go, hey, I gota question. You know if this this
and this happened, don't admit thatyou do it, but just ask what
happens if okay, okay. Otherwiseyou know you are looking at some liability
there. You built it and it'snon permitted, and maybe it's non permitted
(07:05):
and doesn't meet that. There's nonpermitted, and then there's non permitted.
There's non permitted which still meets code, you just don't have a permit,
and there's non permitted that is downrightdangerous. And I don't know where that
is. Jenny Hello, Jenny Hello, Yes, ma'am. I have with
(07:26):
my home American Home Shield that coversappliances and everything in your house. And
I had I called them over amonth ago when we had our last reigned
and told them I had a smallleak in my roof, and they said
that they can't find anybody close tome to come out and fix my roof.
(07:54):
Okay, and I've called time andtime again. I get it.
So they don't have anybody and they'renot well to come out. I got
it. Now, is your insurancepolicy does it cover roofs? Does it
cover roof? Okay? With that, Uh, you're obviously that you're gonna
have to get it fixed. Jenny. That's for starters. You have no
choice. Now, let me askyou, when you called over and over
(08:16):
again, have you been able tosend any emails? Can you prove that
you called other than you said you'vecalled? They go, No, you
didn't you have any proof that youcalled? Well, they they know I
don't have proof of this. Theysay, I can see that you've called.
Uh, okay, we can't findany book. I understand. And
(08:37):
when they say, now we don'thave. We didn't. We didn't receive
a phone call. You never calledit. We're working on she says,
we're working on. No, Iunderstand that's what she's saying. Now,
do you have any proof at allthat you called? Because they're going to
deny it. They're gonna say no, no, I don't. Okay,
that's problem number one. Now,theoretically you can know their phone records.
(09:01):
And now you're talking about a hugedeal. How much is it going to
cost you to fix uh that leak? I don't know, but you've been
here. Okay, they say theysaid their limit is a thousand. Jenny,
Jenny, Jenny, you have aroof leak that they're not willing to
fix or can't fix, or forwhatever. Why won't you get it fixed
(09:24):
on your own? Because when thenext rain comes, uh, you're gonna
get Yeah. I mean that's forstarters. Forget about forget about them.
No, No, you do ityourself, you asked. I am asking
you this question. Why aren't youfixing it now to make sure that the
whole doesn't really open up and yourhouse gets flooded? Why wouldn't you do
(09:46):
that? Jenny? I said itto them and they said, it's been
a pleasure talking to you. Thisis Handle on the Law. Welcome back
to Handle on the Law. HeyBill, welcome to Handle on the Law.
Hell him, mister Handle, Goodmorning to you, sir. So
(10:07):
as I was explaining to the girl, you know, it's it's been a
few months. I was riding onthe boardwalk in Newport Beach on my bicycle,
probably going eight nine miles an hour, just kind of a cruising early
Sunday morning, and a dog dartedout of a house that they had left
the gate open, and looks likethe door of the house they left open
(10:28):
and got through outside and onto theporch and then through that boardwalk and it
just came out like a dark Imean, I didn't even have time to
react and fam it hit my frontwheel. I went down and landed hard,
heard heart on my shoulder, tourtmy arm pretty bad. Who was
bleeding? And you know, sothe question is, I don't know.
(10:48):
I mean, I I was stunned. I was kind of like knocked out
in the shop. Yeah. Sothe owner came out, he perviously,
you know, apologized that you know, the dog was new got out.
The kids were on the sand rightnext to the boardwalk and uh and you
know, blah blah blah. Andyou know, I said, well,
I need something at least clean upmy damages. I got blood all over
(11:11):
the place. So he found theold tool an a tool cut the first
aid kitt in his car and uhbut so I went to the emergency that
following morning because I was in somuch pain. I mean I didn't go
to work all week. I basicallycould barely move. It was my whole
left side of my from the topof my shoulder all the way down to
my leg and my knees and allcompletely black and blue. I mean,
I have pictures of it. Iwent to the emergency and I said,
(11:33):
nothing's broken, but it was.He basically have severe blood trauma and uh
so and that was pretty much it. And he gave me some pain killers
and actually the first time I havewas taking some oxy coat and just to
eliminate the pain. So, youknow, I am in contacting the attorney.
I spoke with our corporate lawyer awhile back and he said, like
you should, and I just,yeah, I'm not that type of guy,
(11:56):
but I just your advice, whatwhat would you do? The problem
with a couple of things. Theowner of the house. The owner of
the house is a prominent attorney.He's got a large, large, large.
Yeah, that doesn't matter. Thatdoesn't matter because he's not gonna get
he's not going to get involved withit. There's no way. So was
this beach was this beachfront property?Yes? Okay, so he's got so
(12:20):
he's got a pile of money.That's for starters and he has he's got
a pile of money. Okay,great insurance. Is second home. Okay,
so he's got great insurance. Notthat it matters, But what kind
of dog was it? You know? It looked like it was a young
husky? You probably. And thereason I asked the reason I asked that
is because if you go after himlegally, uh, what he does is
(12:43):
simply turn it over to his insurancecompany. His homeowner policy covers that,
uh, and a husky will becovered rottweiler, pit bull, German shepherd
or excluded from the homeowner's policy.Uh. So you know, so there's
insurance there. Now you know whatit's about. Another another thing though,
(13:09):
because the dog is his son.Was it was his son's dog, It
doesn't matter. Doesn't live in thathouse. He doesn't. But I'm just
saying because he yeah, he saidit was my father's. They doesn't matter,
you know, he doesn't matter,doesn't matter. He's responsible. So
you've got the gate that's open.I don't know what defense he's going to
(13:31):
have because it was his dog orhis son's dog that ran out. Uh.
And the only issue is going tobe that did the dog jump on
you and topple you or did youhave to get out of the way because
the dog that really doesn't matter either. Uh. And now the issue is
going to be damages. When yousay you're banged up? How long ago
did this happen? A month ago? Two months ago? It was September?
(13:58):
And you know, my shoulder isstill super okay, So you've got
I think you may have a personalinjury case. Is it hundreds of thousands
of dollars? No? Would Ilegally feel much better if your head was
torn off? Yeah? Would itbe great if the dog mauled you and
ate your arm off? Great casebecause there's obviously lots of insurance. But
(14:20):
there may be something there. Well, there is something there. It's just
a question of is is there enoughthere to have an attorney get involved and
there might be. So I'm goingto suggest you go to the website,
go to handle on the law dotcom because that's full of personal injury lawyers
and you'll get you'll get an answereither the lawyers will say, you know,
(14:45):
it's worth it, it's not worthit. A lot has to do
with the insurance company and what insurancecompany they're talking to. Does the insurance
company fight everything, do they settle? And so there's a lot of that.
And then you're going to go toa doctor. That lawyer suggests you
go to h And by the way, the fact that he's a prominent attorney
means nothing. He will turn itover to his insurance company. It's that
(15:07):
simple. No one wants to dealwith that. So yeah, yeah,
My thought is, you know,even if I don't even get an attorney
involved, and just go ahead andwrite him the letter and say no,
no, no, no, ifyou're gonna do it, you get an
attorney involved, because what do youwhat's you gonna do? You're gonna start
negotiating with him in terms of money, because it's all about money, and
(15:28):
that's it. No, you negotiatewith your insurance company because yeah, we're
gonna get me you are going toget so much less with the insurance company.
First of all, you don't evenknow what it's worth. So when
they tell you, they tell youwe'll give you, we'll pay your medical
and we'll give you three thousand dollarsand that's it. And how how do
you know it's not fifteen thousand dollarsor twenty thousand dollars. You have no
(15:54):
idea, I know, So Iwould suggest that then don't do it.
If you're not in it for themoney, then just don't do it,
Okay. I get that some peoplejust are insanely against litigation and they're not
interested, that's one way to go. But if you are interested and you've
been injured and you want some compensationbased on what you told me, you're
(16:14):
crazy not to go to a doctor, you know, I mean a lawyer.
And for example, you call meup and you go, Bill,
I've had severe injuries, and doyou have Should I go to the doctor?
Absolutely not. You know, youcan take care of it yourself.
No problem with doing a small surgeryat home. Just make sure the pairing
knife is well sharpened. I mean, you know that's basically what you're talking
(16:37):
about. So yeah, i'd goto the website. Let me tell you
about cyber thieves. Cyber thieves commitsilent crimes, and it happens in the
dark. Someone uses your name informationonline. You don't even know what's happening.
You don't tell you when you findout when your credit card bill shows
up and you see all these boguscharges. Cybercrime, identity theft affect every
one of us almost daily, andwe've got to protect ourselves against these crimes
(17:03):
because well, the odds are thatyou or a direct family member will be
a victim. I mean, Idon't think that's much of a stretch.
And protecting your identity online can beeasy with LifeLock. They're twenty four to
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(17:25):
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(17:48):
or visit LifeLock dot com promo code. Handle. This is handle on the
law. You're listening to bill Handleon demand from KF I am six forty
this had handled one the marginal legaladvice where I tell you you have absolutely
(18:10):
no case. Dolors, Hello,Dolores. I have a tenant. Oh,
I had a tenant sixty two yearsold, lived alone, you know,
a menace to everyone that lived inthe property. Nobody liked him,
but you know, they were awareof his when he came and when he
went. They hadn't seen him infive days. So they called me and
(18:30):
said, hey, something's up,and I said, yeah, I know.
He didn't pay his rent on thefirst So it turns out I called
LAPD to do a well check upand I did that about five o'clock in
the morning to get him out ofbed. Well. The LAPD came by
and said everything was fine, andthe tenants kept calling me, Hey,
something's up. You know something's up, and I said, well, you
(18:52):
know, let me call again.So they said, oh, you already
put in the call and I said, yeah, I put in a call
that they said it thing was fun, and my other tenants are saying,
no, it's not fine. Sothe cops came out again, and it
turns out they go, how shouldwe go in? I said, well,
go in at you know window,you know, go in that window,
you know, break it, andyou know, they go, oh,
no, we're going in the door. So they broke down both the
(19:15):
front door of the back door andboth security screens. So I mean they
kicked them off. Yeah, yeah, I get it. Okay, Okay,
hang on a minute. I missedthe first I missed the first part
of our conversation. Do you ownthe uh you own the unit? Yes?
I do? Okay? Is itis it an apartment? Is it
a house? It's a four plex? It's a four plex. Okay.
(19:37):
So they kicked the back door,they kicked the front door, and they
find him sort of room temperature.Correct, it was dead yes, okay,
I mean I mean completely dead,like uh yeah, okay, he
had been dead for several days.Okay, that'll do it. Yeah,
okay, So that that that thatgoes over the line of yeah, he's
dead, all right. So theybroke the doors front and back, and
(20:00):
uh, what okay, and whatis your question? Well, the cops
wanted me to identify him. Isaid, I'm not going to go see
what. I'm not gonna I can'tundersee that, so I will not identify
him, okay. And they said, well, we can't find his wallet.
I said, well, that's upto you. I said, he
doesn't have family as far as i'mno. And they said, well,
(20:21):
it's up to you to find hisfamily. I said, I have no
clue. Right, No, youcalled it correctly. It is not up
to you, So tell me whathappened. The corner came out, you
know, picked him up, andthey said you can't go in there for
two weeks. We have to findhis family. And I thought, okay,
well, you know there's broken doors. Squatters can go in there.
You know there's for most people aroundthere. I know that. Yeah,
(20:44):
I don't. I don't get that. I really don't understand that. You
can't go into after he's gone andhas taken off to the morgue. You
can't go in until they find thefamily because the family. The only thing
they're doing is identifying the body andtaking the bar from the morgue. It
has nothing to do with your apartment. So that is a weird one exactly.
Yeah. So you know I talkedto them, what is it the
(21:08):
watch command? And I said,you know, I called it five in
the morning to get a well checkup on this guy. I didn't know
he was dead. But they saidthat everything was okay. You know,
by six o'clock they'd already done theiryou know, whatever they need to do.
Well, this guy never answered thefront door to anybody, you know,
no matter. So all right,you know, we went through what
(21:30):
happened. All right, So he'sdead and they ignored the well call or
they said it was okay. Sowhat's your question? What's your question?
Who pays for my doors? Ithink you do. You can make a
claim against the city, But ifthey argue good faith and come up with
any reason whatsoever for going in therethat is legitimate, there's not anything you
(21:55):
can do. Uh, you gottafix the door. Also, their will
bs about you not going into yourapartment, you can ignore that. What
are they going to do arrest youfor going into your apartment because for some
reason, I mean, that makesno sense. That's when you sue if
they arrest you for that, that'sgood news for you. But no,
(22:15):
you get to you get to fixit all. Unfortunately, make a claim
that they could have done in aneasier way, but you'll get denied because
the city also always denies everything.And then you go through the process,
you appeal and back and forth,and inevitably you're taking a small claims court
at some point. How much isgoing to cost you to fix everything?
(22:37):
Oh, it's been about twelve hundredbucks. Yeah, well there you go.
Now you get to deduct that.You know, that's a deduction,
so at least that is. ButI know, I know, you can
call the insurance company. Now youcan call your insurance company. But you
get to pay the deductible too.Oh they said that they wouldn't cover it
because the police did it. Ohokay, so there's an exclusion. Yeah,
you're out twelve hundred bucks. Hey, how much was he paying?
(23:00):
Was he paying below market rent?He was paying two hundred and sixty one
dollars and seventy five cents a month? Yes, oh my goodness. So
let me ask you what is themarket rent for that fourplex erve? That
unit? Two thousand dollars, dolores. Are you insane? If I had
(23:21):
known that, I would have askedyou, what did you do to kill
him and get away with it?Well, I inherited the properties. It
doesn't matter. It's worth two thousanddollars a month, and you're upset about
a twelve hundred dollars hit where youhave been getting two hundred and eighty dollars
a month and you're not going toget two thousand dollars a month, delaars?
What planet are you on? Bestthing that ever happened to you is
(23:45):
this guy dying. He loves you, he died. He gave you a
market rent, you know, yes, mozle top. Yeah, it is
a big mozle top it is.He did you a huge favor by dying.
Wow. Hello, Rick, welcome. Yes, I've got a situation.
(24:06):
Are you there? Yeah? Igot into a loan back in two
thousand. It was a helock loan, and several years into the loan,
my wife lost her job and wecouldn't make the payment anymore. And then
(24:29):
a couple of years after that,I got a statement from Saint Paul from
Bank of America that this loan wasforgiven, and I never heard anything about
it. Ten years later a companypicked up the loan, and now they
want the interest for all the moneythat I didn't pay. Okay, Well,
(24:51):
yeah, that doesn't work out forthem. You have a copy of
this loan is forgiven letter? Right, it was a charge back. Bank
of America had it as a chargeback. That doesn't That doesn't way,
That doesn't mean that it's forgiven.That's just an accounting situation for them.
I got some bad by in theearly two thousand and so I ignored it.
(25:18):
Oh yeah, you know, it'sjust because it shows charged off,
that doesn't mean you don't owe it. So, yeah, you've got some
bad advice. So now you havea three hundred thousand dollars demand for something
that, well, you owe themoney. Well, there may be some
(25:38):
defenses in that. I'm just tryingto think this through for a moment,
and I'm hoping I'm not too credand that is okay. When did okay,
wind did the last payment? Whenwas it made? I would say
around two thousand. Oh yeah,I think I think you're okay because if
they didn't go after you, theydidn't make demands. You know, there's
(26:00):
only a four year statute in whichthey can sue you. And so if
you're looking at a company that's sayingthe interests that you didn't pay twenty years
ago or over twenty years you oweus, you go no, no,
not at all. No, You'vegot some defenses you don't pay that.
(26:21):
Now, the bank had the opportunityto sue you before the four years was
up twenty years ago, but theydidn't. And if they didn't, no
one can sue you. You're done. Okay, But okay, my question
is what I'm fearing. It's tiedas a real estate check in to my
(26:45):
home, and now my real estatefirst is smaller than my second, and
I'm afraid that they're going to buyout my first in the foreclothes of my
house. They can try, andif I'm correct, Rick, if I
am correct, and they're going afteryou for money that is beyond what the
(27:07):
statute allows. And this is whereyou're going to have to talk to a
business lawyer because you don't want to. This is the wrong guy to ask
because this is way above my paygrade and my expertise. This is handle
on the law, and welcome backto handle on the law. Marginal legal
Advice, John Hello, John,welcome to handle on the law. Oh
(27:33):
hi Bill. I have a bookand it's medical malpractice law, and the
author, as a lawyer, saysthat in the court of law of the
medical records are considered a factual andtruthful account of what took place with a
patient, and you can rely onthem for a history of a patient so
forth. But do you know ofanything in the law that says that same
(27:56):
thing, like in the code ofcivil procedure or the civil code or statute
I'm sorry, other than the medicalrecord, or do I know that that's
the law? Well, yeah,do you know if that's the law?
I have no idea, absolutely noidea what you're referencing. Do you happen
to have a statute or do youhappen to have rules of court procedure Where
(28:21):
medical records are considered to be truthfulon their face, you can always refute
them, by the way, thatdoesn't mean you can't refute them and say
no, they're not it's not true. But the presumption is that they are
a true and correct memorialization of whateverthe medical the medical condition is underlying medical
(28:41):
issue. So no, I don'tknow the exact statute, but makes sense
to me. Yeah, why areyou asking? Well, I wonder if
I can rely on them to tellwhat took place with a family member was
Yeah, you know, I whynot? And who's going to refute it?
I mean, medical records are medicalrecords, even if it wasn't the
(29:02):
law, even if it wasn't procedure. What else do you have. You
have medical records, a doctor wrotethem. There's a lot of credibility there.
Yeah, it's just that the expertsget involved and say no, it
means this or that. That's alwayswhat happens. The experts always get involved
and refute. Let's say you're suingsomebody based on medical malpractice and there are
(29:22):
the medical records right there, andyou're arguing that. You don't think the
defendant is going to say those arewrong, that's not what happened. The
doctor made a mistake when he wrotethose medical records, or the nurse didn't
write it correctly. Of course they'regoing to defend and say that. Yeah.
Yeah, I mean that happens everysingle time. But having medical records
that say A is really good becausethe other side B has to say those
(29:49):
records are wrong and prove it.Yeah. Yeah, because the presumption is
with those medical records, especially ifit's law, especially if it's within code
or procedures, or it's been Thatconcept has been upheld by the appeals court,
which makes sense to me. Yeah, yeah, what happened? You
have someone in your family dying?Yeah, yeah, she was killed.
(30:11):
It's actually a homicide. And I'msaying I'm claiming that to be the truth
based on the records. And Iwas there and I talked to numerous doctors.
Who's okay, and the and theautopsy said that she wasn't killed as
a result of a homicide. Yeah, at the time, we didn't know
what was going on, and theyput it down as a natural death.
I want to have it change.How was she killed by doctors incompetence?
(30:36):
And oh you're talking okay, you'retalking about malpractice? Medical malpractice? Yeah,
okay, what that certificate? Okay? What was the medical malpractice?
What do they do to kill youryour relative? Well, they left her
to get an infection over and overagain when she went to the hospital by
the Folly cath and she was onammusuppress and drug and she got one infection
(30:57):
at Okay, all right, allright, it sounds like a medical malpractice
case. So you go to ajust you should be talking to a med
mal attorney instead of me based onwhat you say. That's all over the
I mean, it smells like malpracticeall over the place. And a lot
of doctors cover up that stuff.Let me tell you, nurses cover up
(31:18):
because when they realize they screwed up, O, no, no, no,
we didn't and then they'll either changethe records or write the records as
to show that they didn't screw up. So that happens all the time.
How when did this happen? Whendid your relative die? A long time
ago? It's long ago. Ohyou're done, you're done. Yeah,
(31:40):
But I would like to have herdeath to corrected because well they're not.
It's not gonna happen. What areyou gonna do? How are you going
to have her death certificate corrected?Are you going to go into court and
prove that the malpractice took place eventhough you have no ability to sue?
So what you're going to do issue for the change of a document,
(32:04):
and no court is going to giveit to you. Based on the medical
records it should be. They're notgoing to pay attention to the medical records.
No court is going to pay attentionto medical records. Go oh,
this was wrong from two thousand andfour, twenty years ago. And by
the way, at this point,why does it matter why you want to
do this, John, Well,because it's it's not right that you should
(32:28):
be taught said to have died ofnatural causes. Okay, all right,
so let me do this. Youknow what I'm going to I'm going to
find you a lawyer who's probably onlygoing to one a ten thousand dollars retainer.
I wouldn't doubt that this is goingto cost you twenty five thirty thousand
dollars. And there are lawyers outthere that absolutely will take your money even
(32:51):
though there's almost no chance that thisis going to succeed. And if you're
prepared to do that, at least, sorry, what the truth is?
At the very least without doing that, can I say the truth? You
can say whatever you want, whatthe medical records say. You could say
whatever you want. Well, theymight charge defament, yeah, oh absolutely.
If you're acute, Oh yeah,if you're accusing a medical professional of
(33:15):
lying on a medical record, amedical form, of course, they can
sue you. Hey, but maybemaybe it's worth the defamation. Maybe it's
worth it where you get hit witha defamation suit. Okay, well,
they're gonna have to argue with themedical records because it's all documented in the
medical records. They're not gonna arguewith the medical records. They're going to
(33:36):
sue you and simply say none ofthis is true, or they're gonna say
those are the medical records. They'regonna say, yes, that's what happened.
And you don't have any proof thatit didn't happen. Well, then
then then they don't have any right. Oh god, all right, ayeah,
John, there we go. Heyyeah, yeah, yeah, I'm
damn it. You pound your table. This isn't right. This isn't right.
By the way, this happened twentyyears ago, but it doesn't matter.
(33:59):
This isn't right. All right,Yeah, congratulates you've been listening to
The Bill Handle Show. Catch MyShow Monday through Friday six am to nine
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