Episode Transcript
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Speaker 1 (00:00):
You're listening to KFI AM six forty the Bill Handles
show on demand on the iHeartRadio app. If you're injured
need a lawyer, go to handle on the law dot com.
And if you're a lawyer and want to help our listeners,
please go to handle on the law dot com. Click
on the join today tab at the top of the page.
The following US up here recorded program. Here's a real
(00:24):
interesting one. And I love these. I mean when these
come across my desk, I go yes, and I look
up in the sky and I say, thank you God
for giving me today. And this has to do with
a Catholic media site and a lawsuit and grinder and
(00:46):
a Catholic priest, as a matter of fact, a Catholic
priest who was way way up there, Monseignor Jeffrey Burrill,
who is the top administrator of the US Conference of
Catholic Bishops. And remember Catholic priests take about celibacy. Catholic
teaching opposes sexual activity outside of hero heterosexual marriage. Well,
(01:11):
it turns out that the media site reported that Monseigneur
Burrell had been using grinder. Grinder, in case you don't know,
it is a gay dating site that's mainly sexual in nature.
How do I go beyond that well endowed man looking
for smallish man to take advantage of will have a
(01:36):
great time. I mean, that's Grinder, and so you got
this guy caught. He had to resign, of course, and
then he's turning around and suing Grinder. Why because someone
was able to get into Grinder where Grinder had sold
data and that had come out, and therefore it is
(01:59):
Burrell lawsuit. He was damaged, his reputation was damaged, and
Grinder is at fault now the reputation being damaged. I guess.
I guess if you're a monseignor and you are outed
for going on a homosexual dating app, yeah, I can
see that's a problem with your reputation. By the way,
(02:22):
his resignation made national hell headlines in twenty twenty one
and dividing Catholics. Some are actually on his side, which
I can't believe. Good Lord, see I love these cases.
Tell me that's not wonderful. Okay, let's go ahead and
take some phone calls. Hey, Daniel, welcome, Hi, how you doing.
Speaker 2 (02:45):
Yes, sir, so, I'm a wedding videographer for over twenty
years and I recently had a phone call from a
client from which I did in two thousand and five,
and he's demanding his wedding video after all the time.
He says that he did not ever receive it in
the mail. And I'll tell him it's been too late.
Speaker 1 (03:05):
It's been years and years. It's almost twenty it's been
almost twenty years.
Speaker 2 (03:10):
So he's the maning proof of delivery. No, otherwise he
wants his money back.
Speaker 1 (03:15):
You say no on either account. You go, no, no,
I'm not going to give it to you, he said.
Speaker 2 (03:22):
He said, well, we had a contract.
Speaker 3 (03:24):
I never received the video of the product.
Speaker 1 (03:26):
Fine, So the question is, you know what part of
you have to sue within four years? Am I missing? Here?
You explain that one to me, mister customer, you're really
going to do? What are you doing twenty years later? Well,
you know, to take me to court? Is that what
you're gonna do?
Speaker 4 (03:41):
He said?
Speaker 2 (03:42):
He yeah, he said he's been busy because he had kids,
he had things to do.
Speaker 1 (03:45):
And then I understand that, and you go, that is
an app that's a great reason. So you know what
I would do is say, why don't you wait another
ten years and it'll be thirty years since this happened,
because you know, you've been busy, you've had kids, you
now have grandkids, and it's you know, I understand how
(04:06):
life can really get in the way over twenty years. Daniel,
you tell him to go pound Sand? You go, Come on, guy,
you know another idiot calls in. Not you. I'm talking
about the clown who is saying I want to I
want my money back. Number one, you don't even keep
videos after twenty years. That's for starters. Number two, I
(04:29):
don't know what the hell you're talking about. I always
send my videos. And if you had a problem and
you didn't get my video, that was twenty years ago
when you didn't get it. What that's it? Oh my god,
I didn't get my video. Come on, you're gonna be fine.
Don't worry about it.
Speaker 5 (04:43):
Yea.
Speaker 2 (04:44):
And even even if he's demanding the proof of sending,
you don't have.
Speaker 1 (04:47):
To send it. You don't have You don't have to
do anything, Daniel, don't you tell him to go pound Sand?
Is what you do. That's all you do. And yeah,
even if he's demanding the proof, come on, really, Christian, Hi, Christian,
welcome to handle on the law.
Speaker 6 (05:06):
Bill I mean I had I was dealing with an
issue with my right foot where I had some toe
amplicated or whatever. Yeah, but then the doctor noticed I
had a callous on my left toe.
Speaker 4 (05:23):
So he opens it up and he takes it all
the way down to the bone. Okay, knowing I'm a diabetic,
and that seems that seems.
Speaker 1 (05:34):
Pretty drastic to take it down to the bone. I mean,
I don't know. I mean, what happens now? All right?
So now what happened. You have a callous that was
taking down to the bone. Now tell me what happens
a results.
Speaker 4 (05:46):
I man, I'm infected and I'm at risk of getting
a bone infection.
Speaker 1 (05:50):
Okay, don't talk to me about at risk of That
doesn't mean anything. Okay, it's when you do get a
bone infection is when we start talking medical malpractice. Not
it could happen. I might have happened. I was in
a crosswalk and someone sped through the crosswalk and I
might have been hit. Uh No, So now you have
(06:10):
the callous removed down to the bone. Is that what
they do normally with diabetics. I don't know the answer
to that.
Speaker 7 (06:16):
Uh.
Speaker 1 (06:17):
And if you're basically okay, then you just heal and
say okay, and you can find out well, then you talk, well, no,
you are a high risk. Uh, there's no question about that.
But when you get a bone infection, then you start
calling a medical malpractice attorney whether they're going to pick
I'm sorry, I have a I have a case. But
(06:40):
I don't know, Christian, I don't know. Uh, you you
might depends on what uh you know, whether that's appropriate
uh medical procedure. Uh it's uh literally he'll have a
saying yeah, we do this all the time. A callous
on a diabetic toe. We go down to the bone
to remove it.
Speaker 7 (06:58):
Uh.
Speaker 1 (06:58):
And I don't know the answer to that. So wait
until you do get your bone, your towbone infected, and
then hopefully in order to have a case if your
foot falls off, probably a pretty good case. If it
goes up to the knee and it falls off, better
better case. Okay, Lisa High, Lisa welcome.
Speaker 8 (07:22):
Hey Bill.
Speaker 5 (07:25):
We have moved from California to Missouri about a year ago,
and we own a condo in San Diego County that
is paid off for and clear. We want to transfer
from our personal names community property to a Missouri LLC.
Sure that we just opened. Can we do it ourselves?
Speaker 1 (07:47):
Yeah, yeah, that's fairly easy to do. Whatever you're holding
title is to the condo, which is you and whoever
in joint tenancy or tenants in common. It doesn't matter.
You are now transferring a title to whatever.
Speaker 4 (08:02):
I mean.
Speaker 1 (08:02):
You can do it to a person, you can do
it to a corporation, you can do it to an LLC,
and you simply transfer that title. And if the property
is in San Diego, it's transferred in the county, it'll
be the county recorder that will hold it. So it's
now in the name of an LLC, and LLC now
(08:23):
owns the property in San Diego. It doesn't matter where
the LLC is. There are New York corporations that own
property in LA in Arkansas, so that's not a problem. Okay.
Speaker 5 (08:35):
Is it a quick claim?
Speaker 1 (08:36):
Yeah, it is a quick claim. Yep. Those are easies.
Speaker 5 (08:39):
And then we do a preliminary change of ownership to
record it in San Diego.
Speaker 1 (08:43):
Yeah you can do that. Sure, Yeah, you do it.
Speaker 6 (08:46):
You know.
Speaker 1 (08:46):
Yeah, you're saying all the right things, so there's no
issue with that. This is handle on the law.
Speaker 9 (08:55):
You're listening to Bill handle on demand from KFI A
M six forty.
Speaker 1 (09:01):
Hi Mariam, welcome to handle on the law. Hello Bill, Yes, ma'am, I.
Speaker 8 (09:08):
Listen to you pretty much every day. So I'm trying
to help a young girl. She works at McDonald's. She
had a partial evulsion of her thumb.
Speaker 5 (09:16):
I saw it.
Speaker 8 (09:17):
I'm a nurse.
Speaker 2 (09:17):
I saw it.
Speaker 8 (09:18):
And when this happened, she wanted to go to the hospital,
and her manager at McDonald's said, if you go to
the hospital, you're on your own. If you don't, will
take care of it. She was never told to fill
out workness com papers, which I think she should have.
Speaker 1 (09:34):
Oh yeah, and.
Speaker 8 (09:38):
Hours were reduced reduced, okay.
Speaker 1 (09:41):
First thing she does is go to a doctor and
the doctor whatever doctor she wants, and the doctor will
ask one of the questions, is this a workplace accident?
And yes it is. Now then she can go to
the er okay, And she told them it was a
workplace accident. Yeah, okay. Also, on the wall of McDonald's,
(10:04):
inside the break room or whatever there is, there should
be the name of the medical group that they belong to.
You don't have to necessarily go there, it's just easier
if you do. And she should be at the doctor's office.
The fact that the management said, you're on your own
if you go to the doctor. What was the alternative,
By the way, he said, if you go to the doctor,
(10:25):
you're on your own. If you don't, what happens he.
Speaker 8 (10:29):
Said, we'll take care of it. I don't know if
he meant it. They would send her to.
Speaker 1 (10:34):
Probably, I mean that is that's sort of if he
will take care of it. And then the next one is,
this is the doctor you call and if you go
out on your you're on your own. I guess to
some extent you can interpret that many different ways. She
has to go on workers comp I mean that is
absolutely so that's one thing. As far as the other
(10:55):
thing is concerned. If she's disabled for the while, she
can go on temporary disability and now she's back to work.
Speaker 2 (11:01):
But cut her hours, which well.
Speaker 1 (11:03):
That's a different issue. You know, you have to now
you have to establish she cut her They cut her
hours because she went to the doctor, and that is uh,
you know, have they never cut anybody else's hours before?
Speaker 4 (11:15):
Uh?
Speaker 1 (11:15):
Is this aberrational? You know, how do you how do
you prove you connect the two or discrimination? It's impossible
to prove so she's doing everything she's doing, and I
don't know if she's in therapy. And how badly did
she bang up her thumb? I mean, what exactly is
the energy?
Speaker 10 (11:32):
I saw it.
Speaker 8 (11:34):
It's not really bad, it's but it is a partial evulsion.
Speaker 1 (11:38):
What does that mean? Partial evulsion?
Speaker 8 (11:43):
Well, you know so much about medicine and you don't
know what that is.
Speaker 1 (11:46):
No, I don't because my my expertise is proctology and
a few others.
Speaker 8 (11:51):
Stop okay, stop, no, she cut she cut off a
little piece of her thumb. Definite avulsion.
Speaker 1 (11:58):
Okay, got it, so right? So what happens with those?
It's like a salamander? Does it grow back?
Speaker 8 (12:06):
Probably not right, but it won't be or anything.
Speaker 1 (12:11):
So disfiguring is it?
Speaker 8 (12:15):
It's a thumb. I wouldn't say that it's really disfiguring.
Speaker 1 (12:19):
Okay, I mean if would someone have picked up a
hitchhiker if you were hitchhiking.
Speaker 8 (12:23):
Notice, Bill, stop, you're trying to to go in the
comedy store.
Speaker 1 (12:31):
Funny, Okay, that's fine. Yeah, Hey, this is I thought
there was legitimate legal questions. You know, where do you
go with that? Huh? Hey, lydia hi hi Bill?
Speaker 11 (12:48):
Yeah, so I have an orthopedic surgeon who's performed two
surgeries on me, and before the last surgery, I came
into his new office and I was making a payment
and his nurse came in, opened the door right and
back on me and hit me with the door. This
is the second time I called you, by the way.
So his nurse opened the door and hit me right
(13:09):
in the back, right in the section area, right in
the collarbone. His she came in, she was late and
coming in for work, and hit me really hard. So
when I mentioned that to the doctor, his answer was,
it's not my building. I had to go to the ar.
They gave me pain killers that day. That's been like
(13:32):
ten months ago and I'm still experiencing pain. She's still
my orthopedic surgeon.
Speaker 1 (13:37):
Okay, once you file a lawsuit, he's not going to
be your orthopedic surgeon. You have you gone to a
doctor to determine the the pain connected to it and
what exactly would be the prognosis? Yeah, you got to
connect all the dots here, So have you gone to
another Have you gone to another doctor?
Speaker 11 (14:00):
Primary doctor? They've done MRIs and they think he might
have hit something in my call in my own ohnody
that doesn't work.
Speaker 1 (14:07):
They think he might have doesn't work. It's yes, we
see it, and yes that is consistent with you being
hit with a door in that area. And yes, you've
been complaining of pain ever since it happened and it's
still there. You have to connect the dots now, Do
I think it's a big case? Not particularly. You can
(14:28):
go to Handle on the law dot com. There are
personal injury lawyers that are that. We have one in
particularly the answers of phone calls, who's very, very good,
who will give you advice. He'll say, yeah, we've got
something there, or no we don't, because I do not
practice law. And when I did, it was a question
of third party reproductive law. You had a frozen embryo
(14:50):
issue that was defrosting. I can tell you all about it.
This is the law of Bill Handle, which is questionable,
to say the least. So I'm not going to tell
you have no case when you might have a case.
And even though I don't think you have a case,
it's certainly worth a phone call. So call and by
the way, the building that's a stupid thing for him
(15:13):
to say. I mean, if they're responsible, if you can
connect the dots between the door what happened and your
injury and you and it's a serious injury or more
serious than just I have a sore collar bone, then
it will be the doctor's office that you go after,
and he probably won't be your arthpedic surgeon anymore, as
my guess. So go to handle on the law, Handle
(15:36):
on the law dot com and get a phone number
there and you'll be able to call. All right, let
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(15:57):
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This is handle All on the Law.
Speaker 9 (17:02):
You're listening to Bill Handle on demand from KFI AM six.
Speaker 1 (17:06):
Forty marginal legal advice, where I tell you have absolutely
no case. Hey, Ron, welcome to Handle on the Law.
Thank you, mil sure appreciate taking my call back.
Speaker 7 (17:21):
In September of last year, I contracted with Verizon, the
manager at the store, and he says, you can just
use this wireless stuff instead of your landlines for your
facts and your for your other phone. And I said okay,
and he says how much is it? And I said
it runs, you know, forty dollars a month. But all
you do is plug it into the wall and you
can play. Well, I plugged it in the wall, never played.
(17:42):
We went back and forth with all the representatives from
Verizon ver since September of last year until about two
months ago this year, and they finally sent me I
was forty dollars a month for the service, which I
never received. So I spent you know, close to you know,
seven eight hundred dollars in the last bill they sent
me back was four hundred and seventy five dollars and
(18:02):
thirty nine cents. The manager signed a form saying that
I returned all the equipment back in October. But verizon
a knowledge is the fact that they never received this
equipment back.
Speaker 1 (18:13):
Way, they never received the equipment, right, is that what
they're saying?
Speaker 7 (18:17):
That's correct?
Speaker 1 (18:18):
Okay, And I'm assuming that you have tracking numbers, and
when you how did you send it back? How did
you send back the equipment?
Speaker 7 (18:26):
I brought it into the store and gave it to
the manager, and the manager signed a received for me.
Speaker 1 (18:31):
Oh okay, and you and Verizon is still charging you.
Speaker 7 (18:36):
No, they're not charging me anymore because they finally disconnected.
Speaker 1 (18:40):
Understand I get that, but they're charging you even though
you didn't have the equipment or you sent it back
and it never worked, and the manager has acknowledged that
that's correct. Okay, well, you obviously have to talk to
someone at Verizon. If you're out six seven, eight hundred dollars,
what are you gonna do. You're gonna go small claims
court used, I mean you could, and someone's going to
(19:03):
answer and eventually you'll get your money. But I would
think that someone at Verizon, you've got the food chain.
I mean, they have a customer service relation or a
customer service department, and you just have to talk to
a physically human being, which I know is almost impossible.
Can you get the manager? We can help you with this.
Speaker 7 (19:23):
Oh yeah, we called four times with the manager at
the store, spending three four hours with these people.
Speaker 1 (19:29):
All right, then they have to sue a small then
you have sue in small claims. But I wouldn't sue
the manager. I mean, I mean you could, but this
guy is on your side. What you want to do
is go after Verizon and here is the problem that
you might have, and that, as a matter of policy, Verizon,
(19:53):
whenever it gets sued, kicks it up to superior court.
And now you. You have a lawyer on their side.
Now are they going to return seven hundred dollars for
you to you? I don't know, because you know they're suing.
They're getting sued constantly, and if their policy is to
kick it up. Now all of a sudden, people realize
(20:15):
they're going to be up against a lawyer. It's no
longer small claims. It is a full blown lawsuit, even
if it's eight hundred dollars. Because you know, jurisdiction, you
can go down to virtually nothing. You know you can.
It's kind of crazy, you know. When you talk about,
(20:35):
you know, ten thousand dollars limitation for small claims court,
that's on the far end that nothing. Nothing says you
can't sue superior court for below that, and that's what
you're suing for, so small claims court case. I have
the where Clearly that store is a Verizon dealership. It's
not a Horizon store, is it correct?
Speaker 7 (20:57):
Correct? It's a dealership, right.
Speaker 1 (20:58):
Okay, it's a dealership. Yeah, I don't know where to
go on.
Speaker 7 (21:01):
It's a Horizon store. It's a Horizon store. It's rising
and everything is Horizon on it.
Speaker 1 (21:05):
Oh, no, so it is. It is a company store.
That's correct, and they won't pay attention to the manager
of the company store. That's paid for his paycheck is
a Verizon paycheck.
Speaker 7 (21:19):
That's correct. Wow, boy, the manager has been on the
phone for me for four or five Yeah.
Speaker 1 (21:24):
I know, boy, yeah, I know what you do short
of short of a small claims court case? I mean,
what do you do with that? Hey, Catherine, welcome to you. Yes, okay,
you got let me say hello, welcome to handle on
the law. You can't interrupt that, Catherine, Okay, okay, all right,
so let's do that again. Hey, Catherine, welcome to handle
(21:45):
on the law.
Speaker 10 (21:46):
My son in law is owned one hundred and eighteen
thousand dollars in child support. I want to know if
that is still own after the child tunes eighteen?
Speaker 1 (21:56):
Yeah, your son in law. How old is your son
in law in his seventies?
Speaker 5 (22:00):
No?
Speaker 10 (22:01):
Oh, okay, he's thirty eight.
Speaker 1 (22:03):
He's thirty eight. Okay. How old is your.
Speaker 10 (22:06):
Daughter, the daughter that sels a child's support?
Speaker 1 (22:11):
No? How old is she?
Speaker 10 (22:13):
Fifteen?
Speaker 7 (22:15):
Oh?
Speaker 1 (22:15):
Fifteen? Okay, so no, no, no paid? How old is
she your daughter? Your daughter?
Speaker 10 (22:25):
Oh? My daughter, it's thirty.
Speaker 1 (22:27):
Two, thirty two? Wow, jeez, were you like seventy when
you had her. That's very impressive, all right, Catherine, it
was one hundred and eighteen thousand dollars. Yes, it does
not disappear, Catherine. It's still owing and it's owing forever
as well.
Speaker 10 (22:46):
The mother used to be a hooker. They want to
get any money for him, but now she's worn.
Speaker 1 (22:52):
Out, so job hold on, let me get this right.
Your daughter used to be a hooker.
Speaker 10 (22:58):
No, the daughter is the mother is a daughter that
sold the child supported.
Speaker 1 (23:04):
By your son in law.
Speaker 10 (23:06):
My son in law's ex girlfriend who had a child
used to be a hooker, so they couldn't collect any
child support.
Speaker 1 (23:15):
Well, hookers can make very good money. I'm telling you, yes,
you do. You know all my experience with hookers is
they it was really expensive, it was they make very
good money.
Speaker 10 (23:25):
Okay, they make it though, and they don't care about
their children.
Speaker 7 (23:29):
Yeah.
Speaker 1 (23:30):
Well, let me ask you this because I'm confused. Okay,
your son in law's ex girlfriend I've connected to with
your daughter. I want to know how it all connects
because I'm a little confused here.
Speaker 10 (23:42):
Okay, my daughter married a person that had a child
with his previous.
Speaker 1 (23:49):
Girlfriend, and that girlfriend was a hooker.
Speaker 10 (23:53):
Yeah, when I want to. After she had the child,
then she became a hooker street walker. Anyway, she owes
my son in law one hundred and eighteen thousand dollars
in child support.
Speaker 1 (24:08):
Okay, all right, okay, I understand it does not end.
It does not end. So the one hundred and eighteen
thousand dollars is owed, and so effectively, one hundred eighteen
thousand dollars is owed by a hooker to your son
in law. Correct, correct, okay, good, good, All right. There's
a couple of ways of collecting the one hundred and
(24:29):
eighteen thousand dollars. One of them is try to grab
a bank account, but you can't because obviously hookers generally
don't have bank accounts that you can attach. So there
is that. Now, there is something called a receiver in
the law, and that is a marshal. Usually this is
done in businesses where literally a marshall camps out at
(24:53):
the business and as money comes in, the marshall takes
it and puts it into a county account and then
it takes a few months to then go to whoever
has the judgment, and that's getting the marshals involved. County marshals.
Now this one is kind of interesting, although I have
to tell you there'd be a lot of marshals who
(25:13):
would volunteer for this one. And that is camping out
with a hooker and taking the money as she was working.
So the bottom line, to answer your question specifically, the
one hundred and eighteen thousand dollars stays on the books,
and it doesn't matter if the turn, if the kid
is eighteen or twenty or twenty five, she still owes
(25:36):
the money. The problem is collecting it, as you would
probably know. So there's the answer. This is Handle on
the Law.
Speaker 9 (25:48):
You're listening to Bill Handle on Demand from KFI AM
six forty.
Speaker 1 (25:55):
Hey, Rod, welcome to a Handle on the Law.
Speaker 12 (26:02):
Hello, yes, sir, Hey, thanks for taking my call.
Speaker 3 (26:06):
I'll make it brief and to the point.
Speaker 12 (26:09):
I'm the vice principal of a small French English elementary
school in SoCal and we do not take any federal,
state or local money. It's all tuition driven. So parents
sign a contract. It's a ten month contract to pay
tuition so we can pay for things. Obviously, this parent
(26:30):
decided during the Christmas holidays that they didn't want to
come back to our school. The only way you can
get out of your tuition contract is clear three ways.
One you're expelled, Two you move more than fifty miles
away from home, or three you lose your job a
financial hardship, you close your business. This guy owns a
(26:54):
vaping supply company and he made up some stories that
they were broken into, etc. So he had to move,
but he closed his business.
Speaker 1 (27:04):
I followed his business.
Speaker 12 (27:06):
He stopped advertising for about thirty days, but now we're
back on in February advertising all kinds of stuff on Facebook,
et cetera, et cetera. Last thing I spent fifty dollars
called one of those attorneys, told him a situation and
they said, I probably won't be able to collect because
(27:28):
I didn't specify.
Speaker 3 (27:30):
You must show proof.
Speaker 12 (27:32):
I think that's a load of crap.
Speaker 1 (27:33):
But yeah, prob yeah, it's a load of crap. How
much money does he owe you? About ten grand? Okay,
so there is there's an easy small claims court on
behalf of the school against him against him individually, because
I'm sure he signed the contract individually, which is very
helpful for you because it doesn't matter what business, doesn't
(27:54):
matter if his business code bank, it goes bankrupt. It
doesn't matter unless he personally goes bankrupt, and I don't
know if he's going to do it for ten thousand dollars.
Now you get your judgment, which I think you're going
to win. That's going to be easy because no judge
is going to rule. You didn't say proof. I mean,
that's just crap. You signed it, it said here are
the reasons why, and a small claim. They're not going
(28:16):
to go into the minutia there they're not, and it's
crap to begin with. So now you're going to have
a judgment against this guy. The problem is going to
be collecting because he bounce around and he if he
owns his business, he's going to argue he doesn't get
any money, he doesn't get a paycheck. So you're not
going to be able to garnish all that. So what's
the ammunition you have? Well, Rod, you're going to ruin
(28:39):
his credit for the rest of his life. Yes, yes,
that's what I want to do. Yep, And that's going
to happen. He will never be able to buy a house,
and the only way he would ever be able to
buy a house is to pay you your ten thousand
dollars plus interest.
Speaker 7 (28:53):
You got it.
Speaker 1 (28:53):
Yeah, that's where you're going. That's where you're going to go.
And the ten thousand dollars is just at the jurisdictional limitation.
So that's right how to handle it. And so that
lawyer is I think he just scrapped. Yeah, I think so. Yeah,
I think so. So just go ahead and follow that
(29:14):
small claim suit you'll be okay.
Speaker 3 (29:17):
John, Hello, Hi there, Yeah, yes, So my question is
an hro A question, and I own a town home
here in Los Angeles County. So we have written written
ccn rs and the place was built in the nineteen seventies.
So a lot a lot of people on the board
are all those are outdated and antiquated. Well, they're still
(29:40):
an effect, right, So.
Speaker 1 (29:41):
They may be outdated and antiquated, but so what they're
they're still in effect.
Speaker 3 (29:46):
Okay, there's still so specifically the rule in our in
our CCNRS that say how they can raise the dues
and it's very specific spelled out. This is, you know,
you have to get you know the La County California
recognized inflation rate and quit that and then and it
(30:08):
says if you need more, you then put it out
to the mass you know, you put it out to
all the members and say, listen, I need eighty thousand
dollars and we've got to do this otherwise our place
is going to go with the Okay, cool. Well, so
that's the way you do it. Well, I'm sure you're
familiar with it. You know, data Sterling Act came out,
you know, twenty five thirty years after our place was built,
and in there it just flat out says you can
(30:30):
raise it twenty percent. That's what it says. Now, I've
been told by other attorneys like, well, that's in case
there's an absence of a rule like we have. That's
what I've been told.
Speaker 1 (30:40):
And he says, that.
Speaker 3 (30:41):
Doesn't mean ignore your rule. And now you could do
twenty percent arbitrarily already.
Speaker 1 (30:46):
Right, I've got it all right, John, I've got news.
Now you're talking about a statutory bill that supersedes what
your contract says, what the CCNR says it is. Now
this statutorily, I'm assuming it goes it's retroactive, don't know.
(31:09):
I haven't read the bill. You probably haven't. And if
it's been interpreted the way you think it has, now
you have to look at the interpretation of that statutory provision.
It's that simple. What did the court say? Because you
know someone took it to court, there is a decision,
(31:29):
and if it isn't an appellate decision, which it usually isn't,
that's not binding and you get to talk to an
HOA Attorney's that simple. Boy, It's above my grade scale.
But those are the steps you're going to have to
take because you're going to have to read the cases
and interpret the cases saying, well, like you said, it
(31:51):
either aplies or doesn't apply. So there are lawyers out
there that specialize in HOA. That's what they do. It's
so big, so you're gonna have to go there. Unfortunately,
I can't help you. As a matter of fact, the
HOA I belong to has a provision where in case
of ejugen circumstances, the HOA can arbitrarily act and you
(32:13):
don't have to have a vote. And man, I tell you,
they just nailed the homeowners of which I'm part of obviously,
for an assessment that I couldn't believe, and or any
of them when we looked, I mean, we went to
an attorney says, oh yeah, they're absolutely allowed to do it,
(32:35):
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This is handle on the law. You've been listening to
the bill he handles show. Catch my Show Monday through Friday,
six am to nine am, and anytime on demand on
the iHeartRadio app
You're listening to KFI AM six forty the Bill Handles
show on demand on the iHeartRadio app. If you're injured
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And if you're a lawyer and want to help our listeners,
please go to handle on the law dot com. Click
on the join today tab at the top of the page.
The following US up here recorded program. Here's a real
(00:24):
interesting one. And I love these. I mean when these
come across my desk, I go yes, and I look
up in the sky and I say, thank you God
for giving me today. And this has to do with
a Catholic media site and a lawsuit and grinder and
(00:46):
a Catholic priest, as a matter of fact, a Catholic
priest who was way way up there, Monseignor Jeffrey Burrill,
who is the top administrator of the US Conference of
Catholic Bishops. And remember Catholic priests take about celibacy. Catholic
teaching opposes sexual activity outside of hero heterosexual marriage. Well,
(01:11):
it turns out that the media site reported that Monseigneur
Burrell had been using grinder. Grinder, in case you don't know,
it is a gay dating site that's mainly sexual in nature.
How do I go beyond that well endowed man looking
for smallish man to take advantage of will have a
(01:36):
great time. I mean, that's Grinder, and so you got
this guy caught. He had to resign, of course, and
then he's turning around and suing Grinder. Why because someone
was able to get into Grinder where Grinder had sold
data and that had come out, and therefore it is
(01:59):
Burrell lawsuit. He was damaged, his reputation was damaged, and
Grinder is at fault now the reputation being damaged. I guess.
I guess if you're a monseignor and you are outed
for going on a homosexual dating app, yeah, I can
see that's a problem with your reputation. By the way,
(02:22):
his resignation made national hell headlines in twenty twenty one
and dividing Catholics. Some are actually on his side, which
I can't believe. Good Lord, see I love these cases.
Tell me that's not wonderful. Okay, let's go ahead and
take some phone calls. Hey, Daniel, welcome, Hi, how you doing.
Speaker 2 (02:45):
Yes, sir, so, I'm a wedding videographer for over twenty
years and I recently had a phone call from a
client from which I did in two thousand and five,
and he's demanding his wedding video after all the time.
He says that he did not ever receive it in
the mail. And I'll tell him it's been too late.
Speaker 1 (03:05):
It's been years and years. It's almost twenty it's been
almost twenty years.
Speaker 2 (03:10):
So he's the maning proof of delivery. No, otherwise he
wants his money back.
Speaker 1 (03:15):
You say no on either account. You go, no, no,
I'm not going to give it to you, he said.
Speaker 2 (03:22):
He said, well, we had a contract.
Speaker 3 (03:24):
I never received the video of the product.
Speaker 1 (03:26):
Fine, So the question is, you know what part of
you have to sue within four years? Am I missing? Here?
You explain that one to me, mister customer, you're really
going to do? What are you doing twenty years later? Well,
you know, to take me to court? Is that what
you're gonna do?
Speaker 4 (03:41):
He said?
Speaker 2 (03:42):
He yeah, he said he's been busy because he had kids,
he had things to do.
Speaker 1 (03:45):
And then I understand that, and you go, that is
an app that's a great reason. So you know what
I would do is say, why don't you wait another
ten years and it'll be thirty years since this happened,
because you know, you've been busy, you've had kids, you
now have grandkids, and it's you know, I understand how
(04:06):
life can really get in the way over twenty years. Daniel,
you tell him to go pound Sand? You go, Come on, guy,
you know another idiot calls in. Not you. I'm talking
about the clown who is saying I want to I
want my money back. Number one, you don't even keep
videos after twenty years. That's for starters. Number two, I
(04:29):
don't know what the hell you're talking about. I always
send my videos. And if you had a problem and
you didn't get my video, that was twenty years ago
when you didn't get it. What that's it? Oh my god,
I didn't get my video. Come on, you're gonna be fine.
Don't worry about it.
Speaker 5 (04:43):
Yea.
Speaker 2 (04:44):
And even even if he's demanding the proof of sending,
you don't have.
Speaker 1 (04:47):
To send it. You don't have You don't have to
do anything, Daniel, don't you tell him to go pound Sand?
Is what you do. That's all you do. And yeah,
even if he's demanding the proof, come on, really, Christian, Hi, Christian,
welcome to handle on the law.
Speaker 6 (05:06):
Bill I mean I had I was dealing with an
issue with my right foot where I had some toe
amplicated or whatever. Yeah, but then the doctor noticed I
had a callous on my left toe.
Speaker 4 (05:23):
So he opens it up and he takes it all
the way down to the bone. Okay, knowing I'm a diabetic,
and that seems that seems.
Speaker 1 (05:34):
Pretty drastic to take it down to the bone. I mean,
I don't know. I mean, what happens now? All right?
So now what happened. You have a callous that was
taking down to the bone. Now tell me what happens
a results.
Speaker 4 (05:46):
I man, I'm infected and I'm at risk of getting
a bone infection.
Speaker 1 (05:50):
Okay, don't talk to me about at risk of That
doesn't mean anything. Okay, it's when you do get a
bone infection is when we start talking medical malpractice. Not
it could happen. I might have happened. I was in
a crosswalk and someone sped through the crosswalk and I
might have been hit. Uh No, So now you have
(06:10):
the callous removed down to the bone. Is that what
they do normally with diabetics. I don't know the answer
to that.
Speaker 7 (06:16):
Uh.
Speaker 1 (06:17):
And if you're basically okay, then you just heal and
say okay, and you can find out well, then you talk, well, no,
you are a high risk. Uh, there's no question about that.
But when you get a bone infection, then you start
calling a medical malpractice attorney whether they're going to pick
I'm sorry, I have a I have a case. But
(06:40):
I don't know, Christian, I don't know. Uh, you you
might depends on what uh you know, whether that's appropriate
uh medical procedure. Uh it's uh literally he'll have a
saying yeah, we do this all the time. A callous
on a diabetic toe. We go down to the bone
to remove it.
Speaker 7 (06:58):
Uh.
Speaker 1 (06:58):
And I don't know the answer to that. So wait
until you do get your bone, your towbone infected, and
then hopefully in order to have a case if your
foot falls off, probably a pretty good case. If it
goes up to the knee and it falls off, better
better case. Okay, Lisa High, Lisa welcome.
Speaker 8 (07:22):
Hey Bill.
Speaker 5 (07:25):
We have moved from California to Missouri about a year ago,
and we own a condo in San Diego County that
is paid off for and clear. We want to transfer
from our personal names community property to a Missouri LLC.
Sure that we just opened. Can we do it ourselves?
Speaker 1 (07:47):
Yeah, yeah, that's fairly easy to do. Whatever you're holding
title is to the condo, which is you and whoever
in joint tenancy or tenants in common. It doesn't matter.
You are now transferring a title to whatever.
Speaker 4 (08:02):
I mean.
Speaker 1 (08:02):
You can do it to a person, you can do
it to a corporation, you can do it to an LLC,
and you simply transfer that title. And if the property
is in San Diego, it's transferred in the county, it'll
be the county recorder that will hold it. So it's
now in the name of an LLC, and LLC now
(08:23):
owns the property in San Diego. It doesn't matter where
the LLC is. There are New York corporations that own
property in LA in Arkansas, so that's not a problem. Okay.
Speaker 5 (08:35):
Is it a quick claim?
Speaker 1 (08:36):
Yeah, it is a quick claim. Yep. Those are easies.
Speaker 5 (08:39):
And then we do a preliminary change of ownership to
record it in San Diego.
Speaker 1 (08:43):
Yeah you can do that. Sure, Yeah, you do it.
Speaker 6 (08:46):
You know.
Speaker 1 (08:46):
Yeah, you're saying all the right things, so there's no
issue with that. This is handle on the law.
Speaker 9 (08:55):
You're listening to Bill handle on demand from KFI A
M six forty.
Speaker 1 (09:01):
Hi Mariam, welcome to handle on the law. Hello Bill, Yes, ma'am, I.
Speaker 8 (09:08):
Listen to you pretty much every day. So I'm trying
to help a young girl. She works at McDonald's. She
had a partial evulsion of her thumb.
Speaker 5 (09:16):
I saw it.
Speaker 8 (09:17):
I'm a nurse.
Speaker 2 (09:17):
I saw it.
Speaker 8 (09:18):
And when this happened, she wanted to go to the hospital,
and her manager at McDonald's said, if you go to
the hospital, you're on your own. If you don't, will
take care of it. She was never told to fill
out workness com papers, which I think she should have.
Speaker 1 (09:34):
Oh yeah, and.
Speaker 8 (09:38):
Hours were reduced reduced, okay.
Speaker 1 (09:41):
First thing she does is go to a doctor and
the doctor whatever doctor she wants, and the doctor will
ask one of the questions, is this a workplace accident?
And yes it is. Now then she can go to
the er okay, And she told them it was a
workplace accident. Yeah, okay. Also, on the wall of McDonald's,
(10:04):
inside the break room or whatever there is, there should
be the name of the medical group that they belong to.
You don't have to necessarily go there, it's just easier
if you do. And she should be at the doctor's office.
The fact that the management said, you're on your own
if you go to the doctor. What was the alternative,
By the way, he said, if you go to the doctor,
(10:25):
you're on your own. If you don't, what happens he.
Speaker 8 (10:29):
Said, we'll take care of it. I don't know if
he meant it. They would send her to.
Speaker 1 (10:34):
Probably, I mean that is that's sort of if he
will take care of it. And then the next one is,
this is the doctor you call and if you go
out on your you're on your own. I guess to
some extent you can interpret that many different ways. She
has to go on workers comp I mean that is
absolutely so that's one thing. As far as the other
(10:55):
thing is concerned. If she's disabled for the while, she
can go on temporary disability and now she's back to work.
Speaker 2 (11:01):
But cut her hours, which well.
Speaker 1 (11:03):
That's a different issue. You know, you have to now
you have to establish she cut her They cut her
hours because she went to the doctor, and that is uh,
you know, have they never cut anybody else's hours before?
Speaker 4 (11:15):
Uh?
Speaker 1 (11:15):
Is this aberrational? You know, how do you how do
you prove you connect the two or discrimination? It's impossible
to prove so she's doing everything she's doing, and I
don't know if she's in therapy. And how badly did
she bang up her thumb? I mean, what exactly is
the energy?
Speaker 10 (11:32):
I saw it.
Speaker 8 (11:34):
It's not really bad, it's but it is a partial evulsion.
Speaker 1 (11:38):
What does that mean? Partial evulsion?
Speaker 8 (11:43):
Well, you know so much about medicine and you don't
know what that is.
Speaker 1 (11:46):
No, I don't because my my expertise is proctology and
a few others.
Speaker 8 (11:51):
Stop okay, stop, no, she cut she cut off a
little piece of her thumb. Definite avulsion.
Speaker 1 (11:58):
Okay, got it, so right? So what happens with those?
It's like a salamander? Does it grow back?
Speaker 8 (12:06):
Probably not right, but it won't be or anything.
Speaker 1 (12:11):
So disfiguring is it?
Speaker 8 (12:15):
It's a thumb. I wouldn't say that it's really disfiguring.
Speaker 1 (12:19):
Okay, I mean if would someone have picked up a
hitchhiker if you were hitchhiking.
Speaker 8 (12:23):
Notice, Bill, stop, you're trying to to go in the
comedy store.
Speaker 1 (12:31):
Funny, Okay, that's fine. Yeah, Hey, this is I thought
there was legitimate legal questions. You know, where do you
go with that? Huh? Hey, lydia hi hi Bill?
Speaker 11 (12:48):
Yeah, so I have an orthopedic surgeon who's performed two
surgeries on me, and before the last surgery, I came
into his new office and I was making a payment
and his nurse came in, opened the door right and
back on me and hit me with the door. This
is the second time I called you, by the way.
So his nurse opened the door and hit me right
(13:09):
in the back, right in the section area, right in
the collarbone. His she came in, she was late and
coming in for work, and hit me really hard. So
when I mentioned that to the doctor, his answer was,
it's not my building. I had to go to the ar.
They gave me pain killers that day. That's been like
(13:32):
ten months ago and I'm still experiencing pain. She's still
my orthopedic surgeon.
Speaker 1 (13:37):
Okay, once you file a lawsuit, he's not going to
be your orthopedic surgeon. You have you gone to a
doctor to determine the the pain connected to it and
what exactly would be the prognosis? Yeah, you got to
connect all the dots here, So have you gone to
another Have you gone to another doctor?
Speaker 11 (14:00):
Primary doctor? They've done MRIs and they think he might
have hit something in my call in my own ohnody
that doesn't work.
Speaker 1 (14:07):
They think he might have doesn't work. It's yes, we
see it, and yes that is consistent with you being
hit with a door in that area. And yes, you've
been complaining of pain ever since it happened and it's
still there. You have to connect the dots now, Do
I think it's a big case? Not particularly. You can
(14:28):
go to Handle on the law dot com. There are
personal injury lawyers that are that. We have one in
particularly the answers of phone calls, who's very, very good,
who will give you advice. He'll say, yeah, we've got
something there, or no we don't, because I do not
practice law. And when I did, it was a question
of third party reproductive law. You had a frozen embryo
(14:50):
issue that was defrosting. I can tell you all about it.
This is the law of Bill Handle, which is questionable,
to say the least. So I'm not going to tell
you have no case when you might have a case.
And even though I don't think you have a case,
it's certainly worth a phone call. So call and by
the way, the building that's a stupid thing for him
(15:13):
to say. I mean, if they're responsible, if you can
connect the dots between the door what happened and your
injury and you and it's a serious injury or more
serious than just I have a sore collar bone, then
it will be the doctor's office that you go after,
and he probably won't be your arthpedic surgeon anymore, as
my guess. So go to handle on the law, Handle
(15:36):
on the law dot com and get a phone number
there and you'll be able to call. All right, let
me tell you about cyber thieves. And this is where
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(15:57):
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But here is the difference. I have LifeLock. I have
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This is handle All on the Law.
Speaker 9 (17:02):
You're listening to Bill Handle on demand from KFI AM six.
Speaker 1 (17:06):
Forty marginal legal advice, where I tell you have absolutely
no case. Hey, Ron, welcome to Handle on the Law.
Thank you, mil sure appreciate taking my call back.
Speaker 7 (17:21):
In September of last year, I contracted with Verizon, the
manager at the store, and he says, you can just
use this wireless stuff instead of your landlines for your
facts and your for your other phone. And I said okay,
and he says how much is it? And I said
it runs, you know, forty dollars a month. But all
you do is plug it into the wall and you
can play. Well, I plugged it in the wall, never played.
(17:42):
We went back and forth with all the representatives from
Verizon ver since September of last year until about two
months ago this year, and they finally sent me I
was forty dollars a month for the service, which I
never received. So I spent you know, close to you know,
seven eight hundred dollars in the last bill they sent
me back was four hundred and seventy five dollars and
(18:02):
thirty nine cents. The manager signed a form saying that
I returned all the equipment back in October. But verizon
a knowledge is the fact that they never received this
equipment back.
Speaker 1 (18:13):
Way, they never received the equipment, right, is that what
they're saying?
Speaker 7 (18:17):
That's correct?
Speaker 1 (18:18):
Okay, And I'm assuming that you have tracking numbers, and
when you how did you send it back? How did
you send back the equipment?
Speaker 7 (18:26):
I brought it into the store and gave it to
the manager, and the manager signed a received for me.
Speaker 1 (18:31):
Oh okay, and you and Verizon is still charging you.
Speaker 7 (18:36):
No, they're not charging me anymore because they finally disconnected.
Speaker 1 (18:40):
Understand I get that, but they're charging you even though
you didn't have the equipment or you sent it back
and it never worked, and the manager has acknowledged that
that's correct. Okay, well, you obviously have to talk to
someone at Verizon. If you're out six seven, eight hundred dollars,
what are you gonna do. You're gonna go small claims
court used, I mean you could, and someone's going to
(19:03):
answer and eventually you'll get your money. But I would
think that someone at Verizon, you've got the food chain.
I mean, they have a customer service relation or a
customer service department, and you just have to talk to
a physically human being, which I know is almost impossible.
Can you get the manager? We can help you with this.
Speaker 7 (19:23):
Oh yeah, we called four times with the manager at
the store, spending three four hours with these people.
Speaker 1 (19:29):
All right, then they have to sue a small then
you have sue in small claims. But I wouldn't sue
the manager. I mean, I mean you could, but this
guy is on your side. What you want to do
is go after Verizon and here is the problem that
you might have, and that, as a matter of policy, Verizon,
(19:53):
whenever it gets sued, kicks it up to superior court.
And now you. You have a lawyer on their side.
Now are they going to return seven hundred dollars for
you to you? I don't know, because you know they're suing.
They're getting sued constantly, and if their policy is to
kick it up. Now all of a sudden, people realize
(20:15):
they're going to be up against a lawyer. It's no
longer small claims. It is a full blown lawsuit, even
if it's eight hundred dollars. Because you know, jurisdiction, you
can go down to virtually nothing. You know you can.
It's kind of crazy, you know. When you talk about,
(20:35):
you know, ten thousand dollars limitation for small claims court,
that's on the far end that nothing. Nothing says you
can't sue superior court for below that, and that's what
you're suing for, so small claims court case. I have
the where Clearly that store is a Verizon dealership. It's
not a Horizon store, is it correct?
Speaker 7 (20:57):
Correct? It's a dealership, right.
Speaker 1 (20:58):
Okay, it's a dealership. Yeah, I don't know where to
go on.
Speaker 7 (21:01):
It's a Horizon store. It's a Horizon store. It's rising
and everything is Horizon on it.
Speaker 1 (21:05):
Oh, no, so it is. It is a company store.
That's correct, and they won't pay attention to the manager
of the company store. That's paid for his paycheck is
a Verizon paycheck.
Speaker 7 (21:19):
That's correct. Wow, boy, the manager has been on the
phone for me for four or five Yeah.
Speaker 1 (21:24):
I know, boy, yeah, I know what you do short
of short of a small claims court case? I mean,
what do you do with that? Hey, Catherine, welcome to you. Yes, okay,
you got let me say hello, welcome to handle on
the law. You can't interrupt that, Catherine, Okay, okay, all right,
so let's do that again. Hey, Catherine, welcome to handle
(21:45):
on the law.
Speaker 10 (21:46):
My son in law is owned one hundred and eighteen
thousand dollars in child support. I want to know if
that is still own after the child tunes eighteen?
Speaker 1 (21:56):
Yeah, your son in law. How old is your son
in law in his seventies?
Speaker 5 (22:00):
No?
Speaker 10 (22:01):
Oh, okay, he's thirty eight.
Speaker 1 (22:03):
He's thirty eight. Okay. How old is your.
Speaker 10 (22:06):
Daughter, the daughter that sels a child's support?
Speaker 1 (22:11):
No? How old is she?
Speaker 10 (22:13):
Fifteen?
Speaker 7 (22:15):
Oh?
Speaker 1 (22:15):
Fifteen? Okay, so no, no, no paid? How old is
she your daughter? Your daughter?
Speaker 10 (22:25):
Oh? My daughter, it's thirty.
Speaker 1 (22:27):
Two, thirty two? Wow, jeez, were you like seventy when
you had her. That's very impressive, all right, Catherine, it
was one hundred and eighteen thousand dollars. Yes, it does
not disappear, Catherine. It's still owing and it's owing forever
as well.
Speaker 10 (22:46):
The mother used to be a hooker. They want to
get any money for him, but now she's worn.
Speaker 1 (22:52):
Out, so job hold on, let me get this right.
Your daughter used to be a hooker.
Speaker 10 (22:58):
No, the daughter is the mother is a daughter that
sold the child supported.
Speaker 1 (23:04):
By your son in law.
Speaker 10 (23:06):
My son in law's ex girlfriend who had a child
used to be a hooker, so they couldn't collect any
child support.
Speaker 1 (23:15):
Well, hookers can make very good money. I'm telling you, yes,
you do. You know all my experience with hookers is
they it was really expensive, it was they make very
good money.
Speaker 10 (23:25):
Okay, they make it though, and they don't care about
their children.
Speaker 7 (23:29):
Yeah.
Speaker 1 (23:30):
Well, let me ask you this because I'm confused. Okay,
your son in law's ex girlfriend I've connected to with
your daughter. I want to know how it all connects
because I'm a little confused here.
Speaker 10 (23:42):
Okay, my daughter married a person that had a child
with his previous.
Speaker 1 (23:49):
Girlfriend, and that girlfriend was a hooker.
Speaker 10 (23:53):
Yeah, when I want to. After she had the child,
then she became a hooker street walker. Anyway, she owes
my son in law one hundred and eighteen thousand dollars
in child support.
Speaker 1 (24:08):
Okay, all right, okay, I understand it does not end.
It does not end. So the one hundred and eighteen
thousand dollars is owed, and so effectively, one hundred eighteen
thousand dollars is owed by a hooker to your son
in law. Correct, correct, okay, good, good, All right. There's
a couple of ways of collecting the one hundred and
(24:29):
eighteen thousand dollars. One of them is try to grab
a bank account, but you can't because obviously hookers generally
don't have bank accounts that you can attach. So there
is that. Now, there is something called a receiver in
the law, and that is a marshal. Usually this is
done in businesses where literally a marshall camps out at
(24:53):
the business and as money comes in, the marshall takes
it and puts it into a county account and then
it takes a few months to then go to whoever
has the judgment, and that's getting the marshals involved. County marshals.
Now this one is kind of interesting, although I have
to tell you there'd be a lot of marshals who
(25:13):
would volunteer for this one. And that is camping out
with a hooker and taking the money as she was working.
So the bottom line, to answer your question specifically, the
one hundred and eighteen thousand dollars stays on the books,
and it doesn't matter if the turn, if the kid
is eighteen or twenty or twenty five, she still owes
(25:36):
the money. The problem is collecting it, as you would
probably know. So there's the answer. This is Handle on
the Law.
Speaker 9 (25:48):
You're listening to Bill Handle on Demand from KFI AM
six forty.
Speaker 1 (25:55):
Hey, Rod, welcome to a Handle on the Law.
Speaker 12 (26:02):
Hello, yes, sir, Hey, thanks for taking my call.
Speaker 3 (26:06):
I'll make it brief and to the point.
Speaker 12 (26:09):
I'm the vice principal of a small French English elementary
school in SoCal and we do not take any federal,
state or local money. It's all tuition driven. So parents
sign a contract. It's a ten month contract to pay
tuition so we can pay for things. Obviously, this parent
(26:30):
decided during the Christmas holidays that they didn't want to
come back to our school. The only way you can
get out of your tuition contract is clear three ways.
One you're expelled, Two you move more than fifty miles
away from home, or three you lose your job a
financial hardship, you close your business. This guy owns a
(26:54):
vaping supply company and he made up some stories that
they were broken into, etc. So he had to move,
but he closed his business.
Speaker 1 (27:04):
I followed his business.
Speaker 12 (27:06):
He stopped advertising for about thirty days, but now we're
back on in February advertising all kinds of stuff on Facebook,
et cetera, et cetera. Last thing I spent fifty dollars
called one of those attorneys, told him a situation and
they said, I probably won't be able to collect because
(27:28):
I didn't specify.
Speaker 3 (27:30):
You must show proof.
Speaker 12 (27:32):
I think that's a load of crap.
Speaker 1 (27:33):
But yeah, prob yeah, it's a load of crap. How
much money does he owe you? About ten grand? Okay,
so there is there's an easy small claims court on
behalf of the school against him against him individually, because
I'm sure he signed the contract individually, which is very
helpful for you because it doesn't matter what business, doesn't
(27:54):
matter if his business code bank, it goes bankrupt. It
doesn't matter unless he personally goes bankrupt, and I don't
know if he's going to do it for ten thousand dollars.
Now you get your judgment, which I think you're going
to win. That's going to be easy because no judge
is going to rule. You didn't say proof. I mean,
that's just crap. You signed it, it said here are
the reasons why, and a small claim. They're not going
(28:16):
to go into the minutia there they're not, and it's
crap to begin with. So now you're going to have
a judgment against this guy. The problem is going to
be collecting because he bounce around and he if he
owns his business, he's going to argue he doesn't get
any money, he doesn't get a paycheck. So you're not
going to be able to garnish all that. So what's
the ammunition you have? Well, Rod, you're going to ruin
(28:39):
his credit for the rest of his life. Yes, yes,
that's what I want to do. Yep, And that's going
to happen. He will never be able to buy a house,
and the only way he would ever be able to
buy a house is to pay you your ten thousand
dollars plus interest.
Speaker 7 (28:53):
You got it.
Speaker 1 (28:53):
Yeah, that's where you're going. That's where you're going to go.
And the ten thousand dollars is just at the jurisdictional limitation.
So that's right how to handle it. And so that
lawyer is I think he just scrapped. Yeah, I think so. Yeah,
I think so. So just go ahead and follow that
(29:14):
small claim suit you'll be okay.
Speaker 3 (29:17):
John, Hello, Hi there, Yeah, yes, So my question is
an hro A question, and I own a town home
here in Los Angeles County. So we have written written
ccn rs and the place was built in the nineteen seventies.
So a lot a lot of people on the board
are all those are outdated and antiquated. Well, they're still
(29:40):
an effect, right, So.
Speaker 1 (29:41):
They may be outdated and antiquated, but so what they're
they're still in effect.
Speaker 3 (29:46):
Okay, there's still so specifically the rule in our in
our CCNRS that say how they can raise the dues
and it's very specific spelled out. This is, you know,
you have to get you know the La County California
recognized inflation rate and quit that and then and it
(30:08):
says if you need more, you then put it out
to the mass you know, you put it out to
all the members and say, listen, I need eighty thousand
dollars and we've got to do this otherwise our place
is going to go with the Okay, cool. Well, so
that's the way you do it. Well, I'm sure you're
familiar with it. You know, data Sterling Act came out,
you know, twenty five thirty years after our place was built,
and in there it just flat out says you can
(30:30):
raise it twenty percent. That's what it says. Now, I've
been told by other attorneys like, well, that's in case
there's an absence of a rule like we have. That's
what I've been told.
Speaker 1 (30:40):
And he says, that.
Speaker 3 (30:41):
Doesn't mean ignore your rule. And now you could do
twenty percent arbitrarily already.
Speaker 1 (30:46):
Right, I've got it all right, John, I've got news.
Now you're talking about a statutory bill that supersedes what
your contract says, what the CCNR says it is. Now
this statutorily, I'm assuming it goes it's retroactive, don't know.
(31:09):
I haven't read the bill. You probably haven't. And if
it's been interpreted the way you think it has, now
you have to look at the interpretation of that statutory provision.
It's that simple. What did the court say? Because you
know someone took it to court, there is a decision,
(31:29):
and if it isn't an appellate decision, which it usually isn't,
that's not binding and you get to talk to an
HOA Attorney's that simple. Boy, It's above my grade scale.
But those are the steps you're going to have to
take because you're going to have to read the cases
and interpret the cases saying, well, like you said, it
(31:51):
either aplies or doesn't apply. So there are lawyers out
there that specialize in HOA. That's what they do. It's
so big, so you're gonna have to go there. Unfortunately,
I can't help you. As a matter of fact, the
HOA I belong to has a provision where in case
of ejugen circumstances, the HOA can arbitrarily act and you
(32:13):
don't have to have a vote. And man, I tell you,
they just nailed the homeowners of which I'm part of obviously,
for an assessment that I couldn't believe, and or any
of them when we looked, I mean, we went to
an attorney says, oh yeah, they're absolutely allowed to do it,
(32:35):
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This is handle on the law. You've been listening to
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