Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
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
and need a lawyer, go to Handle on the law
dot com. And if you're a lawyer and want to
join our team because people desperately need your help, go
to Handle on the Law dot Com and click on
the join today tab at the top of the page.
Speaker 2 (00:21):
The following is a pre recorded program.
Speaker 1 (00:25):
Now, does Warner Brothers Discovery have a case. They filed
the lawsuit against the NBA over what they said was
the league's unjustified rejection of the company's matching rights proposal
earlier in the week.
Speaker 2 (00:44):
And this a.
Speaker 1 (00:45):
Matching rights clause is effectively this, if at the end
of the contract an offer comes in, or I'm going
someplace else, or you're going someplace else, or a business
is going someplace else, track holder has the right to
match the other offer and you have to stay. And
(01:06):
that is this lawsuit that Warner Brothers says that the
NBA refused to honor their match. Warner Brothers sells out
about one point two billion dollars annually for the rights
to these games, and that's the rights to the NBA game,
and that expires at the end of next season, and
(01:27):
under the terms of the twenty twenty four slash twenty
twenty five seven season, the company maintains a rights package
that includes sixty four regular season games at least thirty
playoff games. I mean, this is let's just say, it's
pretty impressive and very expensive and makes a lot of money.
(01:48):
So TBS the subsidiary of Warner Brothers. Let's call it
Warner Brothers. And here is what the complaint reads. Warner
Brothers has a vested interest in maintaining these distribution rights,
and it's carefully developed forty year brand. On top of
the billions of dollars it pays the NBA for distribution rights,
(02:10):
Warners has invested hundreds of millions of dollars in production talent,
including the award winning Inside the NBA program. The NBA says, uh,
Warner Brothers claims or without merit, and our lawyers will
address it. Warner brothers most recent proposal did not match
(02:31):
the terms of Amazon's proposal, and therefore this is the
NBA We've entered into a long term arrangement with Amazon.
I mean, this is a bunch of decades and Amazon
has stolen it and there is a lawsuit there. It
is let's take some phone calls. Harrison, Hi, Harrison.
Speaker 3 (02:53):
Hi, how are you doing?
Speaker 4 (02:54):
Bill?
Speaker 2 (02:55):
Yeah, I'm I'm good or I'm horrible, probably, So what
can I do for you?
Speaker 5 (03:00):
Question is regarding a company I used to work for
and a union that you know, the company was involved with,
And basically, long story short is I got a promotion
with the company and the union is supposed to move
you into that promotion within thirty forty days something like that,
and they ended up not doing anything at all. I
(03:23):
stayed at my same position, didn't get into the promotion at.
Speaker 3 (03:26):
All for a year and a half.
Speaker 5 (03:28):
And after a year and a half, there is these
triannual negotiation or triannualine negotiations with the union, and long
story short, they ended up getting rid of the position
that I was supposed to be promoted to. And my
question is is even though they got rid of that
position altogether for the time that I was supposed to
(03:48):
be in that position, and the union really didn't do
anything despite me going to my union reps, do would
I have a potential case to you know, for the
wages that I would.
Speaker 2 (03:59):
Have here's my question. I'm a little confused here.
Speaker 1 (04:02):
What does your promotion have to do with the collective
bargaining agreement with the company and the union?
Speaker 2 (04:09):
Connect those two.
Speaker 3 (04:11):
What the promotion has to do with?
Speaker 2 (04:13):
Yeah, we're about to be promoted.
Speaker 1 (04:14):
The union comes in, negotiates whatever new deal or the
pump company unionizes.
Speaker 2 (04:21):
How did the union stop the promotion?
Speaker 5 (04:24):
Well, the union and stop it. The union was actually
well what I thought was on my side, they were
supposed to get me into the position.
Speaker 2 (04:32):
No, well, so what let me ask you something.
Speaker 1 (04:34):
How does the union get you into a position as
opposed to the other union member right next to you.
Speaker 5 (04:42):
Well, the union rep goes to management and they basically
press the issue.
Speaker 2 (04:47):
Hang on it.
Speaker 1 (04:48):
So management follows what the union demands as to who
is going to be promoted?
Speaker 3 (04:57):
Une, the company does the promotion right and then but.
Speaker 1 (05:03):
The union, but the union can stop it and say
you're not going to promote our union member.
Speaker 3 (05:10):
Oh no, the union didn't stop it.
Speaker 2 (05:12):
No, no, okay.
Speaker 1 (05:13):
So if you didn't get the promotion and the union
didn't stop at and the company just didn't promote you,
even if they said even that promise, they're going to
promote you, and they decided not to promote you. I
don't see where the connection with the union. Are you
arguing that the union should have come in and defended
you to make sure you were promoted?
Speaker 2 (05:35):
Is that your position use here?
Speaker 4 (05:37):
Yeah?
Speaker 1 (05:37):
No, you would have been in a better position. Okay,
if you get promoted, you're a better position. And the
company says, we changed our mind. You're not going to
be promoted. And the union comes in and says, you know, what,
you really should promote Harrison, And the company says, hey,
it's our call who we promote and how much we
pay after the union minimum. Obviously the union minimum is
(06:00):
to be recognized. And the company says, no, you know,
we've changed our mind and then tells the union and
if you think you're going to tell us when and
how to promote someone, your nuts? Okay, yeah, unless there
is a collective bargaining as to you're an hourly worker
and after X number of years you are automatically promoted
(06:23):
to a new pay I mean that happens when you
hit journeyman. For example, my dad was the union electrician,
and after apprenticeship you hit journeymen.
Speaker 2 (06:31):
You had to be paid X dollars, but after that. Nah, promotions.
Speaker 3 (06:35):
Oh yeah, this was a teamster's union. It wasn't anything
like that.
Speaker 2 (06:39):
Okay, then no, no, the answer is no, no, you
got no place to go on that. Hey, Paul, welcome
to handle on the law.
Speaker 6 (06:47):
Okay, Bill or esquire handle, Yes, sir, this.
Speaker 7 (06:51):
Is not particularly well. I'm going to try to phrase
it as a legal question. Would it be legal to
put homeless people in compounds built after patterned after military basis,
using prefab units?
Speaker 2 (07:04):
Sure? Why are you talking about a governmental enterity doing that?
Speaker 7 (07:08):
Yeah?
Speaker 6 (07:08):
I would show you the federal government building.
Speaker 1 (07:11):
So what why wouldn't it It's just h you know,
we'll look at shelters, you know, I mean if you
know people put them out on tents and uh sure,
matter of fact, homeless people would love it.
Speaker 6 (07:20):
And yeah, I think it'd be good for everybody. It's
out of the general population.
Speaker 1 (07:25):
Yeah, but it'd be perfectly legal, absolutely. Jesse, Hi, Jesse welcome, Yes, Bill,
thank you.
Speaker 8 (07:34):
Sure, I'd live in a Los Angeles unincorporated unincorporated area
and uh of Woodier. Some years ago they had a
big meeting about the commercial vehicles coming in to the
neighborhood and the signs are posted, and of late, these
(07:57):
trucks have been coming in.
Speaker 1 (08:00):
Especially some of those flatbed tot trucks where the back
of the bed is in line.
Speaker 8 (08:05):
With the windshield of a car.
Speaker 9 (08:07):
Okay, this is a hypothetical.
Speaker 8 (08:09):
What happens if somebody loses control and runs into one
of these vehicles, there's.
Speaker 2 (08:17):
Still Yeah, that's a good question.
Speaker 1 (08:19):
It's I still think they'd be responsible for losing the control.
I mean, one of the defenses would be that's an
overweight truck. But I don't know if there is necessarily
a connection between the truck being overweight and someone losing control.
Speaker 2 (08:34):
The negligence is someone losing control, So.
Speaker 1 (08:38):
I think there's a defense, and there may be some
comparative negligence, because that's what California is.
Speaker 2 (08:45):
If there's one.
Speaker 1 (08:45):
Hundred percent liability, the courts or the lot can split
up the liability. For example, someone running a red light
and blowing through an intersection and someone speeding through that
intersection that gets hit sort of comparative at fault.
Speaker 2 (09:06):
With the guy who runs who is speeding through the
red light is eighty percent at fault.
Speaker 1 (09:11):
So yeah, it's just question figuring out the insurance companies
figure that out.
Speaker 2 (09:15):
Or juries do. But that's something like that would never
go to a jury unless someone was really.
Speaker 1 (09:21):
Insured, and then a personal injury lawyer would take it
and probably take it that way to trial.
Speaker 9 (09:27):
Okay, yeah, because even yeah.
Speaker 2 (09:29):
Because even though calls have been made about these vehicles, that's.
Speaker 1 (09:33):
Understand that, and that's the enforcement people don't want to enforce.
And if they don't want to take those trucks off
the street, that's their problem. And if someone runs into them.
Now we go back to the comparative negligence.
Speaker 2 (09:43):
This is Handle on the law.
Speaker 10 (09:47):
You're listening to Bill Handle on demand from KFI AM
six forty.
Speaker 2 (09:54):
Uh. Wayne, Hello, Wayne, Hi Bill.
Speaker 11 (09:59):
Yeah, Hey, I have a question. I'm practicing marginal legal
law here in California. I'm writing a will and I
have a question as far as California law with regards
to UH requirements to use the witness witnesses or yeah,
(10:19):
Uh can I notarize it?
Speaker 2 (10:21):
Yeah, of course you can. Doesn't hurt, but you don't
have to.
Speaker 11 (10:25):
But if I don't have witnesses, well.
Speaker 1 (10:28):
If you don't have if you haven't quote published, if
you don't have two people that have said I have
seen him publish the will, which means I have seen
him sign the will and that's who he is. It's
basically a notary. Without a notary, you don't have those witnesses.
You don't have a will.
Speaker 11 (10:44):
You have to have witnesses.
Speaker 2 (10:45):
Yes, you have to.
Speaker 1 (10:46):
Have two witnesses to publish, which means make the will valid.
That'll say yes, these uh that Wayne wrote this will
and yes that's his will and.
Speaker 2 (10:58):
He signed the will. Yeah, it's yeah, of course you do.
And by the way, are you riding a will? And
what do you care? How do you have nobody that
you can talk to? How about a neighbor?
Speaker 11 (11:09):
Well, okay, then I have a question. Do the witnesses
signatures have to be no?
Speaker 2 (11:15):
Direct, No, they do not. It doesn't hurt.
Speaker 1 (11:19):
It doesn't hurt because if there's an allegation that you
forged it or an allegation that that person doesn't exist,
the notary helps certainly doesn't hurt it. Just yeah, so
it doesn't matter. So yeah, you have to have the
two witnesses sign.
Speaker 2 (11:32):
Off on this thing. Ricky, Hi, Ricky, welcome to handle
on the law.
Speaker 12 (11:40):
Hi, Bill, how are you can do?
Speaker 8 (11:43):
Yeah?
Speaker 2 (11:43):
I'm okay or I'm miserable. Either way. What can I
do for you.
Speaker 12 (11:47):
Okay. So I'm a business owner and are the business
is going through an eminent domain? The property owner already
sold the property to the city, and the city gave
told me that they are willing to give me forty
thousand dollars for your business total loss of good world.
Speaker 2 (12:08):
Okay, for your business? And how much did you pay.
Speaker 12 (12:10):
For the business? I paid three hundred and thirty thousand dollars.
Speaker 3 (12:15):
Okay?
Speaker 2 (12:15):
Were you told? Were you told.
Speaker 1 (12:18):
By the owner that the property was under eminent domain
or the city was getting involved?
Speaker 7 (12:27):
Was I?
Speaker 12 (12:27):
Was I told by the property owner?
Speaker 2 (12:29):
Yeah?
Speaker 12 (12:31):
So no, I wasn't told by the property owner. I
had to keep contacting him.
Speaker 2 (12:35):
Okay, So how did you find out it was under
eminent domain? The city came to me, the pity city.
Speaker 3 (12:42):
What the.
Speaker 12 (12:46):
Person from the city of Ontario came to me and
told me about it.
Speaker 1 (12:50):
The city the person the owner paid. I don't understand
because I'm having a hard time hearing you. The property
owner was paid to leave?
Speaker 2 (12:58):
Is that correct?
Speaker 8 (13:02):
Yeah?
Speaker 12 (13:02):
So the property owner was paid to leave.
Speaker 1 (13:05):
Okay, I see, I don't get that because he wasn't
paid to leave. He was paid the value of the property.
Speaker 2 (13:09):
Is what he was paid.
Speaker 12 (13:11):
He was paid, Yes, he was paid the value of
the property.
Speaker 1 (13:13):
Okay, and he never told you that there was an
eminent domain basically lawsuit.
Speaker 2 (13:19):
Or move for the property, correct he did?
Speaker 8 (13:23):
Yeah?
Speaker 2 (13:24):
Okay, Well then yeah, yeah, then you have a lawsuit.
Then you have a lawsuit for misrepresentation.
Speaker 1 (13:29):
I would argue even fraud, but you never go for
fraud on that because they never give you fraud. But yeah, yeah,
I mean you're out a business that you paid a
pile of money and the property owner knowing the city
was going to take the property and you wouldn't have
a business because there was a freeway going through there.
It took three hundred and thirty thousand dollars from you
knowing that it that there was not going to be
(13:51):
any ground to put.
Speaker 2 (13:52):
The business on. Yeah, that's a lawsuit for sure.
Speaker 1 (13:57):
And on top of that, I'm assuming that what kind
of business is it? By the way, Okay, so you
have so I know for a fact, if you're dealing
with a national franchise and I'm sure the sales agreement
was you know, forty eight pages, uh that you will
see an attorney's fees clause in there that prevailing party
(14:19):
will get attorneys fees, and he's gonna fight it. He's
gonna fight it for sure. I mean, he's gonna pay
for his defense lawyer, uh, to fight it. And based
on what you say, I don't see how you're not
going to win the case. So he's gonna pay for
his defense lawyer. He's going to pay for your defense lawyer.
And he is going to pay the damages. He's going
to pay you what you paid because effectively, he sold
(14:42):
you nothing. He sold you a business that won't exist.
Now does he have that kind of money? Is he
going to go bankrupt on you?
Speaker 2 (14:54):
Also?
Speaker 1 (14:55):
You may look at No, you're not buying the property either,
and uh they're building section.
Speaker 12 (15:02):
Over the compantyh.
Speaker 2 (15:03):
Yeah, No, I understand, uh you whatever they're doing, I understand.
Speaker 1 (15:06):
But I'm trying to figure out if there was now
because you're just buying, Uh you're just you know, you're
just buying uh uh.
Speaker 2 (15:15):
The business itself. You're not buying the land at all? Right,
or did you buy.
Speaker 3 (15:19):
The land right?
Speaker 12 (15:21):
No, just the business itself.
Speaker 2 (15:23):
Uh okay.
Speaker 1 (15:24):
And he owned the property at that time, and he
was going to get rent for he was going to
get rent for the land, correct, Yes, Okay, yeah, Yeah,
it's time to talk to a land It's time to
talk to a real estate attorney, no question about it.
Speaker 2 (15:38):
Yeah, you've got you've got a big case.
Speaker 1 (15:41):
And he paid three hundred and thirty thousand dollars, So
there's that attorney's fees was just going to go forever.
Speaker 2 (15:45):
I mean it's a big, big case.
Speaker 1 (15:46):
It's half million dollar case and the problem is you
go bankrupt on it, and now what do you do?
Speaker 2 (15:52):
Boy? Is that bad? Bad luck?
Speaker 8 (15:55):
Now?
Speaker 1 (15:55):
No matter what business you happen to be in, technology
is absolutely part of it. And this is where NetSuite
by Oracle comes into play because they're going to customize
a solution for you.
Speaker 2 (16:07):
So why do you need them?
Speaker 1 (16:08):
Well, what NetSuite does is help you do what all
business owners want us we business owners, and that's to
make more profit.
Speaker 2 (16:15):
That's what they do.
Speaker 1 (16:17):
You get a snapshot of your business performance right now,
at this moment, so you know exactly inventory, if you
deal with that. Finance is what you owe, what you
have in the bank, what you're looking at, and that
helps you make a lot of good decisions.
Speaker 2 (16:34):
Basically, you've got the information. They upgrade your.
Speaker 1 (16:37):
Accounting and finance and they've been doing this for twenty
five years and they have only thirty seven thousand businesses
that swear by them. So NetSuite dot com is where
I suggest you go NetSuite and you can download this
for free to find out if they can help you,
which I'm sure they're going to help. Net suite suite
(16:57):
as in office suites, nextsuite dot com slash handle, next
suite dot Com slash handle.
Speaker 2 (17:06):
This is Handle on the Law.
Speaker 10 (17:10):
You're listening to Bill Handle on Demand from KFI A
M six forty.
Speaker 2 (17:17):
Hi Cynthia, Welcome to Handle on the Law.
Speaker 9 (17:23):
Hi, Bill.
Speaker 13 (17:24):
So my question is that I got this email from
a company called Copytrack saying that they were representing foreign
countries regarding image use a you know, copyrighting fringement, basically
claiming that image I use on my website and they
want to be paid nine hundred eurosky's your question, So,
(17:46):
you know, and so I at my website company, you know,
I use a c SEO company. And so they googled
it and they said that there's a lot of posts
saying that you know, this is probably a scare, right,
but I don't know whether I need to, you know,
let's just ignore it.
Speaker 2 (18:00):
Yeah, you ignore it.
Speaker 1 (18:01):
No, you just ignore it if it's legitimate. See, if
you're gonna get if it's legitimate, you're.
Speaker 2 (18:08):
Gonna get a cease and desist.
Speaker 11 (18:10):
Uh.
Speaker 2 (18:11):
That's for startings, and that's what normally happens.
Speaker 1 (18:14):
And then if you do get a cease and desist
from a law firm, legitimate law firm, then you just
stop doing it.
Speaker 2 (18:22):
And then if they turn yeah, you're fine. I wouldn't
worry about it. German Company and uh yeah, there's it's
scam after scam after scam.
Speaker 1 (18:33):
That's out there, and you don't even know there's so
many out there. So let me tell you what I do, Uh,
is I buy stuff and never pay for it. I
go into stores and I just shoplift because I'm convinced,
for example, that target is the whole thing is a scam.
Just kidding you, Okay, just uh cheaper than work, by
(18:56):
the way, living that life is fairly cheap.
Speaker 2 (19:00):
Steve, Hello, Steve.
Speaker 14 (19:02):
Hey Bill. So, I was arrested when I was about
eighteen years old. I'm now forty five years old. I
was arrested in Florida for concealed carrying a firearm wound
up ending up in the Marine Corps for about thirteen years.
Honorably discharged combat veteran. I'm forty five years old applying
for gun rights in California, and I've been denied, but
(19:24):
adjudication has been withheld on my gun charge. I wonder
if you have any information, yeah, or any advice.
Speaker 1 (19:30):
Yes, First of all, you've got to talk to a
criminal lawyer who's done this. Second of all, the issue
becomes if I'm.
Speaker 2 (19:40):
Assuming it was a felony, correct, correct? And you were
convicted correct?
Speaker 14 (19:48):
Well I was under the impression, yes, But when I
got out of the military and everybody was telling me, oh,
why would they let you in the military, this and that,
I wound up pulled my record and found out that
the charge got dropped and a communication was with help,
Oh if the charge.
Speaker 1 (20:03):
If the charge was dropped, then you weren't convicted, and.
Speaker 2 (20:09):
So all you were was charged. So I don't understand.
Speaker 1 (20:13):
How California has denied you a license when you've never
been convicted of a crime, a gun crime under any circumstances.
Speaker 2 (20:24):
Yes, so am I? So am I?
Speaker 1 (20:28):
Especially on the conviction or the non conviction doesn't make
any sense. So you get to talk to a criminal
lawyer and just ask that question. And I'm going to
make it even easier for you, and that is I
would call the NRA.
Speaker 2 (20:45):
I would call any.
Speaker 1 (20:46):
Of these gun organizations, these Second Amendment organizations, and believe me,
you're going to get lawyers who are really fanatic about
Second Amendment rights, and my guess is going to either
be very low cast.
Speaker 2 (21:00):
Or even pro bono.
Speaker 1 (21:01):
So okay, I mean, what kind of a gun did
you want to purchase that you were denied.
Speaker 14 (21:07):
I'm looking at some sort of nine milimeter probably a
D nine or a Baretta.
Speaker 2 (21:10):
Oh okay, So you're.
Speaker 1 (21:11):
Not talking about like five assault weapons with magazines of
I don't know, eighty bullets.
Speaker 3 (21:17):
In them, correct, got it correct?
Speaker 2 (21:19):
Yeah.
Speaker 1 (21:20):
I can't do that in California anyway, but that's where
I would go.
Speaker 2 (21:24):
Try that out and that should help. Brian. Hello, Brian, welcome,
good morning.
Speaker 3 (21:32):
Yes, the.
Speaker 8 (21:34):
House in Tucson, Arizona burned down.
Speaker 2 (21:39):
Just a house, your house.
Speaker 8 (21:42):
It's a family house. Okay, okay, burned down three years ago.
Insurance company has been funding in dribs and drabs. Once
the investigation was finished, an attorney was retained. The attorney
took most of the dribs and drabs and is no
(22:04):
longer returning calls or responding to letters. Does handle on
the law practice in Arizona, No, it does not.
Speaker 1 (22:13):
To find an Arizona first, I wouldn't even go to
a lawyer yet. I'd call the Arizona State Bar and
talk to someone there, because if the attorney is taking
most of the money that the insurance company is giving
you to rebuild or repair the property, something is not
kosher in Denmark, even though it's not in Denmark, so
(22:36):
you've got to go there. But no, we don't have
anybody in Arizona at this point trying to expand it.
But no, it's yeah, we don't, yes, yeah, because that's Arizona.
I don't know how many people live in Arizona, althoughy
Erizona is kind of a neat place. I have to
say don hello, don.
Speaker 6 (22:55):
Hey, Bill, thanks for taking my call.
Speaker 8 (22:58):
So I was.
Speaker 15 (22:59):
Involved in a lot awsuit in the late nineties where
I won a where I won the award or whatnot,
and unfortunately I'm going through a divorce and how do
I prove that that money that was you know, paid
out in early two thousands, you know, sitting in my
(23:20):
bank how can I experience?
Speaker 1 (23:21):
Okay, now, just one quick question. Was this uh an
accident that you got paid money for?
Speaker 15 (23:29):
No, it was a it was in with boy Scouts
and the okay got it.
Speaker 2 (23:35):
It was a Molla station case of some kind. Okay.
Uh So what did you do with the money that
you got?
Speaker 1 (23:45):
Uh?
Speaker 15 (23:45):
There are three annuity payments and two of them I
put them into my savings and into a CD account and.
Speaker 2 (23:54):
In your name or both of your names.
Speaker 15 (23:57):
Oh, my name not.
Speaker 8 (23:58):
I've want to get married for seven years.
Speaker 2 (24:00):
So just your name. It's your money. Don You don't
have to prove anything. It's your money. The only thing
you have to prove is the accounts in your name.
Speaker 1 (24:08):
And you got the award, okay, that is that's not
community property at all. How big an award did you get?
Speaker 14 (24:16):
I must not.
Speaker 2 (24:17):
And that was in the early nineties.
Speaker 15 (24:19):
Yeah, yeah, I can only imagine it would be inflated today.
Speaker 2 (24:22):
But you know, okay, but you know have do you
know how much money is in those accounts?
Speaker 1 (24:26):
Well, you got an annuity, so it's an annuity at
fifty grand. Yeah, it's not a huge amount of money,
but it's all yours. Yeah.
Speaker 15 (24:35):
Yeah, No, that's that's great. It's just the whole discovery
thing with the financials and the divorce. I just don't
know how to.
Speaker 2 (24:43):
Are you represented? Yes, okay.
Speaker 1 (24:47):
Your lawyer will just say here is the annuity, here's
the money that don is getting. It is put in
a separate account in his name, and therefore she's not
entitled any of it.
Speaker 2 (25:01):
You're fine. The internio will try.
Speaker 1 (25:03):
To blow smoke, but that's why you have your lawyer
to looking out. Now doesn't work that way.
Speaker 2 (25:08):
You should be okay and.
Speaker 1 (25:09):
Make sure that you if it's a substantial amount of money,
now you show your wife and your ex wife and
hopefully make her miserable.
Speaker 2 (25:17):
This is Handle on the Law.
Speaker 10 (25:22):
You're listening to Bill Handle on demand from KFI AM
six forty.
Speaker 2 (25:30):
Marginal Legal Advice. Robin.
Speaker 4 (25:34):
It's a Lemon law question. My daughter bought Hyundai Kona
about a year ago. It was sold to her as
a certified pre owned. It's been in the shop for
repairs fifteen times a piece at one.
Speaker 1 (25:47):
Time up toring month got it and it was a
dealership that sold it to you.
Speaker 4 (25:51):
A dealership.
Speaker 2 (25:52):
Yes, okay, have you talked to we can't the carfax?
Speaker 4 (25:56):
No go ahead?
Speaker 2 (25:57):
Have you talked to a Lemon law or a lawyer.
Speaker 4 (25:59):
We have a approached one, but we were wondering if
maybe we should approach the dealership.
Speaker 11 (26:04):
Furst.
Speaker 1 (26:05):
No, no, no, no, no, absolutely not under these circumstances,
you go to a Lemon law lawyer because you're already
into statutory language as to responsibility and there keep in
mind the dealerships can do everything it can to not
(26:25):
give you any money or not get involved saying this
is your problem. You're in way over your head on
this one. And when it comes to interpreting the law,
what's available, what is not, what has to be done?
A Lemon law lawyer will pick this up based on.
Speaker 6 (26:38):
What you say.
Speaker 4 (26:39):
One quick question. The car was sold as a certified
pre owned. They cannot produce the document. She's called them
half a dozen times now. The Lemon lawyer told us
that he thinks we have a really good case to
prevail if it's certified pre owned. Otherwise you know he's
going to have to fight.
Speaker 1 (27:00):
You say, do you have a hold on a minute,
do you have any of the sales documents?
Speaker 2 (27:05):
I mean, you bought the car, right.
Speaker 4 (27:06):
We do not have the documents. That gave her a
flash drive that when she's tried to open it, it
might be on there. She can't open it. In addition,
she's called them half a dozen times.
Speaker 2 (27:16):
They're not going to help you. They're not going to
help you.
Speaker 1 (27:18):
And so here's ok I think the lawyer, Well, what
will happen is even if you don't find the documents,
if you don't have them, they they'll certainly have them.
If I mean there's a dealership where if a car
is certified, I mean there's documentation there. Uh, and so
it'll be there'll be a subpoena to grab those documents
(27:41):
from them if you'll get them. So just you've got
a good Lemon law case. So just go okay, Okay,
there you go.
Speaker 2 (27:50):
Hey, Paul.
Speaker 9 (27:52):
Question is I signed a contract with a solar company
two years ago. They've been stalling for a long time.
Last year, it was late last year they started the project.
They basically installed the panel that's going to go with
the electrical panel for the house to change up. I
just received notice yesterday that the canceling the project.
Speaker 2 (28:14):
Okay, and what they are they billing you for the
electrical panel?
Speaker 1 (28:18):
No, not yet Okay, So you now have ostensibly a
free electrical panel.
Speaker 2 (28:25):
Any idea how much that was worth putting in an
electrical panel?
Speaker 9 (28:28):
Thirty five hundred bucks.
Speaker 1 (28:29):
Okay, so that's money. That's that's serious money. Okay, So
with that in mind, But.
Speaker 9 (28:35):
Here's the here's the wrinkle on it. When they signed
a contract. The contract was for seventy thousand dollars to
put roof on and soler. Okay, and now if I
were to do the very same thing, now it's double
the price.
Speaker 2 (28:48):
Whoa, that's probably why they canceled it. Double the price, okay,
double the price, all right?
Speaker 1 (28:54):
All right, so yeah, that's probably why they're going to
walk away. And let's you have thirty five hundred all right,
so that gets easy. You what was the reason that
they canceled the contract?
Speaker 2 (29:06):
They give you one?
Speaker 9 (29:07):
Well, it's the rumor is that they don't have manpower
to do it. They basically are are canceling time.
Speaker 2 (29:13):
No, I don't care what the rumor is.
Speaker 1 (29:16):
All I care about is did they give you a
reason other than they just.
Speaker 9 (29:21):
They said they are no longer doing solar in our area.
Speaker 1 (29:24):
So okay, okay, right, all right, so that's a bunch
of crap. All right, So here is what you get
to do. And this is one of those, Well your contract,
does your contract have an attorney's fees clause in it?
Most do one arbitration clause probably.
Speaker 2 (29:42):
And the other one. The other part of it is
the prevailing party pays all attorneys fees. Do you have
to know if that's the case.
Speaker 3 (29:50):
I don't know.
Speaker 1 (29:51):
Okay, you're probably going to find that. My guess is
you're probably going to find that. Then the other question
is is this a solid company? I mean, do they
have assets, do they have money? Or are they on
the verge of going out of business?
Speaker 3 (30:03):
Do you have any idea they're a solid company?
Speaker 1 (30:06):
Okay, all right, good news. All right, Yeah that's pretty good. Yeah,
that's reasonably solid. So here's what you get to do.
Because this is a big, big deal. I mean, you're
talking seventy thousand dollars worth of damages just in installing,
and you're talking about the utilities.
Speaker 2 (30:30):
That you are paying that you should not have paid.
That's a little bit more. That's a little bit problematic,
as you will.
Speaker 1 (30:37):
Actually it's just a question of numbers because you have
to figure out what you pay versus what you would
have paid.
Speaker 2 (30:44):
And there's net metering.
Speaker 1 (30:46):
And that's up to your lawyer's office to figure all
that out. Now, the good news is you've got a
seventy thousand dollars case. You have the money lost on
the utilities that should not have been lost that you've
had to pay, and they're probably going to be credited
with thirty five hundred dollars in the end when it's
(31:06):
all said and done that they put in a system
and you got thirty five hundred dollars for free, and
that's all in the mix. If it turns out you
get a judgment for the full amount, the judge will
say or the arbitrator will say, yeah, that's minus thirty
five hundred dollars that you already have. So you get
to find a lawyer that The good news is it
looks like you have them.
Speaker 2 (31:25):
That's why I asked about is a solid company.
Speaker 1 (31:28):
The bad news is you get to pay the lawyer
and then collect it at the back end because you're
suing for seventy you're suing for seventy thousand.
Speaker 2 (31:36):
Dollars, okay, plus electricity?
Speaker 9 (31:39):
Something about the different what about the difference in the
net metering? Is the way you said, an attorney will
figure that out. Net metering. Now that I've got a
different contractor who's going to be doing the work, I'm
falling out of net metering two point no.
Speaker 1 (31:51):
Point zh And that's part of it. Oh, that's absolutely
part of it. And then there's some kind of formula
that has to be created over the average length of
someone staying there. I mean, you're not going to get
forty years, but you're also going to get more than
three years. So I don't even know how they figure
that out, because that is really speculative stuff because once
(32:15):
you move out, you know, it's not your problem anymore,
and so you can't collect forty years of the difference
in net metering when you sell your house in five years.
Speaker 2 (32:24):
So I don't know how they figure that out.
Speaker 1 (32:27):
But from what you tell me, you've got a pretty
good case, and you get to find yourself a lawyer's
a straight business lawyer because you're just.
Speaker 2 (32:33):
Talking about suing.
Speaker 1 (32:34):
Okay, Yeah, Now I want to tell you about Zelman's
minty Mouth mints. This is stuff that I absolutely love.
That's my pack of Zelman's right here. As a matter
of fact, I have two packs of Zelman's.
Speaker 2 (32:46):
See that's my second.
Speaker 1 (32:47):
Pack, well, three packs four packs, especially just one pack.
But this is radio so you can't see Zelman's Minty
Mouth Mints.
Speaker 2 (32:56):
It's far more than a mint.
Speaker 1 (32:58):
If you have an issue with bad breath or just
wanting to have fresh, clean breath for hours and hours,
let me suggest Selman's Minty Mouth mints.
Speaker 2 (33:08):
First of all, the mint.
Speaker 1 (33:09):
That codes this little capsule makes your mouth feel great,
and then you swallow or you bite into the capsule.
It gets to work in your gut, and that's where
the foods you eat sometimes cause you know bad breath,
and Zelmans takes care.
Speaker 2 (33:22):
Of that for hours and hours. And how good are they? Well,
they have a money back guarantee.
Speaker 1 (33:27):
I've never seen anybody use multiple If you order multiple packs,
you get free shipping, and you probably will try to
get multiple packs or will get multiple packs. So go
to Zelman's z l m I N s zelmans dot
com fifteen percent off when you use the code handle
at check out. Take advantage of the fifteen percent. Go
(33:48):
to the website Zelman's z l M i N s
Zelmans dot com.
Speaker 2 (33:54):
This is handle on the law. You've been listening to
the bill handle a show.
Speaker 1 (34:00):
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
and need a lawyer, go to Handle on the law
dot com. And if you're a lawyer and want to
join our team because people desperately need your help, go
to Handle on the Law dot Com and click on
the join today tab at the top of the page.
Speaker 2 (00:21):
The following is a pre recorded program.
Speaker 1 (00:25):
Now, does Warner Brothers Discovery have a case. They filed
the lawsuit against the NBA over what they said was
the league's unjustified rejection of the company's matching rights proposal
earlier in the week.
Speaker 2 (00:44):
And this a.
Speaker 1 (00:45):
Matching rights clause is effectively this, if at the end
of the contract an offer comes in, or I'm going
someplace else, or you're going someplace else, or a business
is going someplace else, track holder has the right to
match the other offer and you have to stay. And
(01:06):
that is this lawsuit that Warner Brothers says that the
NBA refused to honor their match. Warner Brothers sells out
about one point two billion dollars annually for the rights
to these games, and that's the rights to the NBA game,
and that expires at the end of next season, and
(01:27):
under the terms of the twenty twenty four slash twenty
twenty five seven season, the company maintains a rights package
that includes sixty four regular season games at least thirty
playoff games. I mean, this is let's just say, it's
pretty impressive and very expensive and makes a lot of money.
(01:48):
So TBS the subsidiary of Warner Brothers. Let's call it
Warner Brothers. And here is what the complaint reads. Warner
Brothers has a vested interest in maintaining these distribution rights,
and it's carefully developed forty year brand. On top of
the billions of dollars it pays the NBA for distribution rights,
(02:10):
Warners has invested hundreds of millions of dollars in production talent,
including the award winning Inside the NBA program. The NBA says, uh,
Warner Brothers claims or without merit, and our lawyers will
address it. Warner brothers most recent proposal did not match
(02:31):
the terms of Amazon's proposal, and therefore this is the
NBA We've entered into a long term arrangement with Amazon.
I mean, this is a bunch of decades and Amazon
has stolen it and there is a lawsuit there. It
is let's take some phone calls. Harrison, Hi, Harrison.
Speaker 3 (02:53):
Hi, how are you doing?
Speaker 4 (02:54):
Bill?
Speaker 2 (02:55):
Yeah, I'm I'm good or I'm horrible, probably, So what
can I do for you?
Speaker 5 (03:00):
Question is regarding a company I used to work for
and a union that you know, the company was involved with,
And basically, long story short is I got a promotion
with the company and the union is supposed to move
you into that promotion within thirty forty days something like that,
and they ended up not doing anything at all. I
(03:23):
stayed at my same position, didn't get into the promotion at.
Speaker 3 (03:26):
All for a year and a half.
Speaker 5 (03:28):
And after a year and a half, there is these
triannual negotiation or triannualine negotiations with the union, and long
story short, they ended up getting rid of the position
that I was supposed to be promoted to. And my
question is is even though they got rid of that
position altogether for the time that I was supposed to
(03:48):
be in that position, and the union really didn't do
anything despite me going to my union reps, do would
I have a potential case to you know, for the
wages that I would.
Speaker 2 (03:59):
Have here's my question. I'm a little confused here.
Speaker 1 (04:02):
What does your promotion have to do with the collective
bargaining agreement with the company and the union?
Speaker 2 (04:09):
Connect those two.
Speaker 3 (04:11):
What the promotion has to do with?
Speaker 2 (04:13):
Yeah, we're about to be promoted.
Speaker 1 (04:14):
The union comes in, negotiates whatever new deal or the
pump company unionizes.
Speaker 2 (04:21):
How did the union stop the promotion?
Speaker 5 (04:24):
Well, the union and stop it. The union was actually
well what I thought was on my side, they were
supposed to get me into the position.
Speaker 2 (04:32):
No, well, so what let me ask you something.
Speaker 1 (04:34):
How does the union get you into a position as
opposed to the other union member right next to you.
Speaker 5 (04:42):
Well, the union rep goes to management and they basically
press the issue.
Speaker 2 (04:47):
Hang on it.
Speaker 1 (04:48):
So management follows what the union demands as to who
is going to be promoted?
Speaker 3 (04:57):
Une, the company does the promotion right and then but.
Speaker 1 (05:03):
The union, but the union can stop it and say
you're not going to promote our union member.
Speaker 3 (05:10):
Oh no, the union didn't stop it.
Speaker 2 (05:12):
No, no, okay.
Speaker 1 (05:13):
So if you didn't get the promotion and the union
didn't stop at and the company just didn't promote you,
even if they said even that promise, they're going to
promote you, and they decided not to promote you. I
don't see where the connection with the union. Are you
arguing that the union should have come in and defended
you to make sure you were promoted?
Speaker 2 (05:35):
Is that your position use here?
Speaker 4 (05:37):
Yeah?
Speaker 1 (05:37):
No, you would have been in a better position. Okay,
if you get promoted, you're a better position. And the
company says, we changed our mind. You're not going to
be promoted. And the union comes in and says, you know, what,
you really should promote Harrison, And the company says, hey,
it's our call who we promote and how much we
pay after the union minimum. Obviously the union minimum is
(06:00):
to be recognized. And the company says, no, you know,
we've changed our mind and then tells the union and
if you think you're going to tell us when and
how to promote someone, your nuts? Okay, yeah, unless there
is a collective bargaining as to you're an hourly worker
and after X number of years you are automatically promoted
(06:23):
to a new pay I mean that happens when you
hit journeyman. For example, my dad was the union electrician,
and after apprenticeship you hit journeymen.
Speaker 2 (06:31):
You had to be paid X dollars, but after that. Nah, promotions.
Speaker 3 (06:35):
Oh yeah, this was a teamster's union. It wasn't anything
like that.
Speaker 2 (06:39):
Okay, then no, no, the answer is no, no, you
got no place to go on that. Hey, Paul, welcome
to handle on the law.
Speaker 6 (06:47):
Okay, Bill or esquire handle, Yes, sir, this.
Speaker 7 (06:51):
Is not particularly well. I'm going to try to phrase
it as a legal question. Would it be legal to
put homeless people in compounds built after patterned after military basis,
using prefab units?
Speaker 2 (07:04):
Sure? Why are you talking about a governmental enterity doing that?
Speaker 7 (07:08):
Yeah?
Speaker 6 (07:08):
I would show you the federal government building.
Speaker 1 (07:11):
So what why wouldn't it It's just h you know,
we'll look at shelters, you know, I mean if you
know people put them out on tents and uh sure,
matter of fact, homeless people would love it.
Speaker 6 (07:20):
And yeah, I think it'd be good for everybody. It's
out of the general population.
Speaker 1 (07:25):
Yeah, but it'd be perfectly legal, absolutely. Jesse, Hi, Jesse welcome, Yes, Bill,
thank you.
Speaker 8 (07:34):
Sure, I'd live in a Los Angeles unincorporated unincorporated area
and uh of Woodier. Some years ago they had a
big meeting about the commercial vehicles coming in to the
neighborhood and the signs are posted, and of late, these
(07:57):
trucks have been coming in.
Speaker 1 (08:00):
Especially some of those flatbed tot trucks where the back
of the bed is in line.
Speaker 8 (08:05):
With the windshield of a car.
Speaker 9 (08:07):
Okay, this is a hypothetical.
Speaker 8 (08:09):
What happens if somebody loses control and runs into one
of these vehicles, there's.
Speaker 2 (08:17):
Still Yeah, that's a good question.
Speaker 1 (08:19):
It's I still think they'd be responsible for losing the control.
I mean, one of the defenses would be that's an
overweight truck. But I don't know if there is necessarily
a connection between the truck being overweight and someone losing control.
Speaker 2 (08:34):
The negligence is someone losing control, So.
Speaker 1 (08:38):
I think there's a defense, and there may be some
comparative negligence, because that's what California is.
Speaker 2 (08:45):
If there's one.
Speaker 1 (08:45):
Hundred percent liability, the courts or the lot can split
up the liability. For example, someone running a red light
and blowing through an intersection and someone speeding through that
intersection that gets hit sort of comparative at fault.
Speaker 2 (09:06):
With the guy who runs who is speeding through the
red light is eighty percent at fault.
Speaker 1 (09:11):
So yeah, it's just question figuring out the insurance companies
figure that out.
Speaker 2 (09:15):
Or juries do. But that's something like that would never
go to a jury unless someone was really.
Speaker 1 (09:21):
Insured, and then a personal injury lawyer would take it
and probably take it that way to trial.
Speaker 9 (09:27):
Okay, yeah, because even yeah.
Speaker 2 (09:29):
Because even though calls have been made about these vehicles, that's.
Speaker 1 (09:33):
Understand that, and that's the enforcement people don't want to enforce.
And if they don't want to take those trucks off
the street, that's their problem. And if someone runs into them.
Now we go back to the comparative negligence.
Speaker 2 (09:43):
This is Handle on the law.
Speaker 10 (09:47):
You're listening to Bill Handle on demand from KFI AM
six forty.
Speaker 2 (09:54):
Uh. Wayne, Hello, Wayne, Hi Bill.
Speaker 11 (09:59):
Yeah, Hey, I have a question. I'm practicing marginal legal
law here in California. I'm writing a will and I
have a question as far as California law with regards
to UH requirements to use the witness witnesses or yeah,
(10:19):
Uh can I notarize it?
Speaker 2 (10:21):
Yeah, of course you can. Doesn't hurt, but you don't
have to.
Speaker 11 (10:25):
But if I don't have witnesses, well.
Speaker 1 (10:28):
If you don't have if you haven't quote published, if
you don't have two people that have said I have
seen him publish the will, which means I have seen
him sign the will and that's who he is. It's
basically a notary. Without a notary, you don't have those witnesses.
You don't have a will.
Speaker 11 (10:44):
You have to have witnesses.
Speaker 2 (10:45):
Yes, you have to.
Speaker 1 (10:46):
Have two witnesses to publish, which means make the will valid.
That'll say yes, these uh that Wayne wrote this will
and yes that's his will and.
Speaker 2 (10:58):
He signed the will. Yeah, it's yeah, of course you do.
And by the way, are you riding a will? And
what do you care? How do you have nobody that
you can talk to? How about a neighbor?
Speaker 11 (11:09):
Well, okay, then I have a question. Do the witnesses
signatures have to be no?
Speaker 2 (11:15):
Direct, No, they do not. It doesn't hurt.
Speaker 1 (11:19):
It doesn't hurt because if there's an allegation that you
forged it or an allegation that that person doesn't exist,
the notary helps certainly doesn't hurt it. Just yeah, so
it doesn't matter. So yeah, you have to have the
two witnesses sign.
Speaker 2 (11:32):
Off on this thing. Ricky, Hi, Ricky, welcome to handle
on the law.
Speaker 12 (11:40):
Hi, Bill, how are you can do?
Speaker 8 (11:43):
Yeah?
Speaker 2 (11:43):
I'm okay or I'm miserable. Either way. What can I
do for you.
Speaker 12 (11:47):
Okay. So I'm a business owner and are the business
is going through an eminent domain? The property owner already
sold the property to the city, and the city gave
told me that they are willing to give me forty
thousand dollars for your business total loss of good world.
Speaker 2 (12:08):
Okay, for your business? And how much did you pay.
Speaker 12 (12:10):
For the business? I paid three hundred and thirty thousand dollars.
Speaker 3 (12:15):
Okay?
Speaker 2 (12:15):
Were you told? Were you told.
Speaker 1 (12:18):
By the owner that the property was under eminent domain
or the city was getting involved?
Speaker 7 (12:27):
Was I?
Speaker 12 (12:27):
Was I told by the property owner?
Speaker 2 (12:29):
Yeah?
Speaker 12 (12:31):
So no, I wasn't told by the property owner. I
had to keep contacting him.
Speaker 2 (12:35):
Okay, So how did you find out it was under
eminent domain? The city came to me, the pity city.
Speaker 3 (12:42):
What the.
Speaker 12 (12:46):
Person from the city of Ontario came to me and
told me about it.
Speaker 1 (12:50):
The city the person the owner paid. I don't understand
because I'm having a hard time hearing you. The property
owner was paid to leave?
Speaker 2 (12:58):
Is that correct?
Speaker 8 (13:02):
Yeah?
Speaker 12 (13:02):
So the property owner was paid to leave.
Speaker 1 (13:05):
Okay, I see, I don't get that because he wasn't
paid to leave. He was paid the value of the property.
Speaker 2 (13:09):
Is what he was paid.
Speaker 12 (13:11):
He was paid, Yes, he was paid the value of
the property.
Speaker 1 (13:13):
Okay, and he never told you that there was an
eminent domain basically lawsuit.
Speaker 2 (13:19):
Or move for the property, correct he did?
Speaker 8 (13:23):
Yeah?
Speaker 2 (13:24):
Okay, Well then yeah, yeah, then you have a lawsuit.
Then you have a lawsuit for misrepresentation.
Speaker 1 (13:29):
I would argue even fraud, but you never go for
fraud on that because they never give you fraud. But yeah, yeah,
I mean you're out a business that you paid a
pile of money and the property owner knowing the city
was going to take the property and you wouldn't have
a business because there was a freeway going through there.
It took three hundred and thirty thousand dollars from you
knowing that it that there was not going to be
(13:51):
any ground to put.
Speaker 2 (13:52):
The business on. Yeah, that's a lawsuit for sure.
Speaker 1 (13:57):
And on top of that, I'm assuming that what kind
of business is it? By the way, Okay, so you
have so I know for a fact, if you're dealing
with a national franchise and I'm sure the sales agreement
was you know, forty eight pages, uh that you will
see an attorney's fees clause in there that prevailing party
(14:19):
will get attorneys fees, and he's gonna fight it. He's
gonna fight it for sure. I mean, he's gonna pay
for his defense lawyer, uh, to fight it. And based
on what you say, I don't see how you're not
going to win the case. So he's gonna pay for
his defense lawyer. He's going to pay for your defense lawyer.
And he is going to pay the damages. He's going
to pay you what you paid because effectively, he sold
(14:42):
you nothing. He sold you a business that won't exist.
Now does he have that kind of money? Is he
going to go bankrupt on you?
Speaker 2 (14:54):
Also?
Speaker 1 (14:55):
You may look at No, you're not buying the property either,
and uh they're building section.
Speaker 12 (15:02):
Over the compantyh.
Speaker 2 (15:03):
Yeah, No, I understand, uh you whatever they're doing, I understand.
Speaker 1 (15:06):
But I'm trying to figure out if there was now
because you're just buying, Uh you're just you know, you're
just buying uh uh.
Speaker 2 (15:15):
The business itself. You're not buying the land at all? Right,
or did you buy.
Speaker 3 (15:19):
The land right?
Speaker 12 (15:21):
No, just the business itself.
Speaker 2 (15:23):
Uh okay.
Speaker 1 (15:24):
And he owned the property at that time, and he
was going to get rent for he was going to
get rent for the land, correct, Yes, Okay, yeah, Yeah,
it's time to talk to a land It's time to
talk to a real estate attorney, no question about it.
Speaker 2 (15:38):
Yeah, you've got you've got a big case.
Speaker 1 (15:41):
And he paid three hundred and thirty thousand dollars, So
there's that attorney's fees was just going to go forever.
Speaker 2 (15:45):
I mean it's a big, big case.
Speaker 1 (15:46):
It's half million dollar case and the problem is you
go bankrupt on it, and now what do you do?
Speaker 2 (15:52):
Boy? Is that bad? Bad luck?
Speaker 8 (15:55):
Now?
Speaker 1 (15:55):
No matter what business you happen to be in, technology
is absolutely part of it. And this is where NetSuite
by Oracle comes into play because they're going to customize
a solution for you.
Speaker 2 (16:07):
So why do you need them?
Speaker 1 (16:08):
Well, what NetSuite does is help you do what all
business owners want us we business owners, and that's to
make more profit.
Speaker 2 (16:15):
That's what they do.
Speaker 1 (16:17):
You get a snapshot of your business performance right now,
at this moment, so you know exactly inventory, if you
deal with that. Finance is what you owe, what you
have in the bank, what you're looking at, and that
helps you make a lot of good decisions.
Speaker 2 (16:34):
Basically, you've got the information. They upgrade your.
Speaker 1 (16:37):
Accounting and finance and they've been doing this for twenty
five years and they have only thirty seven thousand businesses
that swear by them. So NetSuite dot com is where
I suggest you go NetSuite and you can download this
for free to find out if they can help you,
which I'm sure they're going to help. Net suite suite
(16:57):
as in office suites, nextsuite dot com slash handle, next
suite dot Com slash handle.
Speaker 2 (17:06):
This is Handle on the Law.
Speaker 10 (17:10):
You're listening to Bill Handle on Demand from KFI A
M six forty.
Speaker 2 (17:17):
Hi Cynthia, Welcome to Handle on the Law.
Speaker 9 (17:23):
Hi, Bill.
Speaker 13 (17:24):
So my question is that I got this email from
a company called Copytrack saying that they were representing foreign
countries regarding image use a you know, copyrighting fringement, basically
claiming that image I use on my website and they
want to be paid nine hundred eurosky's your question, So,
(17:46):
you know, and so I at my website company, you know,
I use a c SEO company. And so they googled
it and they said that there's a lot of posts
saying that you know, this is probably a scare, right,
but I don't know whether I need to, you know,
let's just ignore it.
Speaker 2 (18:00):
Yeah, you ignore it.
Speaker 1 (18:01):
No, you just ignore it if it's legitimate. See, if
you're gonna get if it's legitimate, you're.
Speaker 2 (18:08):
Gonna get a cease and desist.
Speaker 11 (18:10):
Uh.
Speaker 2 (18:11):
That's for startings, and that's what normally happens.
Speaker 1 (18:14):
And then if you do get a cease and desist
from a law firm, legitimate law firm, then you just
stop doing it.
Speaker 2 (18:22):
And then if they turn yeah, you're fine. I wouldn't
worry about it. German Company and uh yeah, there's it's
scam after scam after scam.
Speaker 1 (18:33):
That's out there, and you don't even know there's so
many out there. So let me tell you what I do, Uh,
is I buy stuff and never pay for it. I
go into stores and I just shoplift because I'm convinced,
for example, that target is the whole thing is a scam.
Just kidding you, Okay, just uh cheaper than work, by
(18:56):
the way, living that life is fairly cheap.
Speaker 2 (19:00):
Steve, Hello, Steve.
Speaker 14 (19:02):
Hey Bill. So, I was arrested when I was about
eighteen years old. I'm now forty five years old. I
was arrested in Florida for concealed carrying a firearm wound
up ending up in the Marine Corps for about thirteen years.
Honorably discharged combat veteran. I'm forty five years old applying
for gun rights in California, and I've been denied, but
(19:24):
adjudication has been withheld on my gun charge. I wonder
if you have any information, yeah, or any advice.
Speaker 1 (19:30):
Yes, First of all, you've got to talk to a
criminal lawyer who's done this. Second of all, the issue
becomes if I'm.
Speaker 2 (19:40):
Assuming it was a felony, correct, correct? And you were
convicted correct?
Speaker 14 (19:48):
Well I was under the impression, yes, But when I
got out of the military and everybody was telling me, oh,
why would they let you in the military, this and that,
I wound up pulled my record and found out that
the charge got dropped and a communication was with help,
Oh if the charge.
Speaker 1 (20:03):
If the charge was dropped, then you weren't convicted, and.
Speaker 2 (20:09):
So all you were was charged. So I don't understand.
Speaker 1 (20:13):
How California has denied you a license when you've never
been convicted of a crime, a gun crime under any circumstances.
Speaker 2 (20:24):
Yes, so am I? So am I?
Speaker 1 (20:28):
Especially on the conviction or the non conviction doesn't make
any sense. So you get to talk to a criminal
lawyer and just ask that question. And I'm going to
make it even easier for you, and that is I
would call the NRA.
Speaker 2 (20:45):
I would call any.
Speaker 1 (20:46):
Of these gun organizations, these Second Amendment organizations, and believe me,
you're going to get lawyers who are really fanatic about
Second Amendment rights, and my guess is going to either
be very low cast.
Speaker 2 (21:00):
Or even pro bono.
Speaker 1 (21:01):
So okay, I mean, what kind of a gun did
you want to purchase that you were denied.
Speaker 14 (21:07):
I'm looking at some sort of nine milimeter probably a
D nine or a Baretta.
Speaker 2 (21:10):
Oh okay, So you're.
Speaker 1 (21:11):
Not talking about like five assault weapons with magazines of
I don't know, eighty bullets.
Speaker 3 (21:17):
In them, correct, got it correct?
Speaker 2 (21:19):
Yeah.
Speaker 1 (21:20):
I can't do that in California anyway, but that's where
I would go.
Speaker 2 (21:24):
Try that out and that should help. Brian. Hello, Brian, welcome,
good morning.
Speaker 3 (21:32):
Yes, the.
Speaker 8 (21:34):
House in Tucson, Arizona burned down.
Speaker 2 (21:39):
Just a house, your house.
Speaker 8 (21:42):
It's a family house. Okay, okay, burned down three years ago.
Insurance company has been funding in dribs and drabs. Once
the investigation was finished, an attorney was retained. The attorney
took most of the dribs and drabs and is no
(22:04):
longer returning calls or responding to letters. Does handle on
the law practice in Arizona, No, it does not.
Speaker 1 (22:13):
To find an Arizona first, I wouldn't even go to
a lawyer yet. I'd call the Arizona State Bar and
talk to someone there, because if the attorney is taking
most of the money that the insurance company is giving
you to rebuild or repair the property, something is not
kosher in Denmark, even though it's not in Denmark, so
(22:36):
you've got to go there. But no, we don't have
anybody in Arizona at this point trying to expand it.
But no, it's yeah, we don't, yes, yeah, because that's Arizona.
I don't know how many people live in Arizona, althoughy
Erizona is kind of a neat place. I have to
say don hello, don.
Speaker 6 (22:55):
Hey, Bill, thanks for taking my call.
Speaker 8 (22:58):
So I was.
Speaker 15 (22:59):
Involved in a lot awsuit in the late nineties where
I won a where I won the award or whatnot,
and unfortunately I'm going through a divorce and how do
I prove that that money that was you know, paid
out in early two thousands, you know, sitting in my
(23:20):
bank how can I experience?
Speaker 1 (23:21):
Okay, now, just one quick question. Was this uh an
accident that you got paid money for?
Speaker 15 (23:29):
No, it was a it was in with boy Scouts
and the okay got it.
Speaker 2 (23:35):
It was a Molla station case of some kind. Okay.
Uh So what did you do with the money that
you got?
Speaker 1 (23:45):
Uh?
Speaker 15 (23:45):
There are three annuity payments and two of them I
put them into my savings and into a CD account and.
Speaker 2 (23:54):
In your name or both of your names.
Speaker 15 (23:57):
Oh, my name not.
Speaker 8 (23:58):
I've want to get married for seven years.
Speaker 2 (24:00):
So just your name. It's your money. Don You don't
have to prove anything. It's your money. The only thing
you have to prove is the accounts in your name.
Speaker 1 (24:08):
And you got the award, okay, that is that's not
community property at all. How big an award did you get?
Speaker 14 (24:16):
I must not.
Speaker 2 (24:17):
And that was in the early nineties.
Speaker 15 (24:19):
Yeah, yeah, I can only imagine it would be inflated today.
Speaker 2 (24:22):
But you know, okay, but you know have do you
know how much money is in those accounts?
Speaker 1 (24:26):
Well, you got an annuity, so it's an annuity at
fifty grand. Yeah, it's not a huge amount of money,
but it's all yours. Yeah.
Speaker 15 (24:35):
Yeah, No, that's that's great. It's just the whole discovery
thing with the financials and the divorce. I just don't
know how to.
Speaker 2 (24:43):
Are you represented? Yes, okay.
Speaker 1 (24:47):
Your lawyer will just say here is the annuity, here's
the money that don is getting. It is put in
a separate account in his name, and therefore she's not
entitled any of it.
Speaker 2 (25:01):
You're fine. The internio will try.
Speaker 1 (25:03):
To blow smoke, but that's why you have your lawyer
to looking out. Now doesn't work that way.
Speaker 2 (25:08):
You should be okay and.
Speaker 1 (25:09):
Make sure that you if it's a substantial amount of money,
now you show your wife and your ex wife and
hopefully make her miserable.
Speaker 2 (25:17):
This is Handle on the Law.
Speaker 10 (25:22):
You're listening to Bill Handle on demand from KFI AM
six forty.
Speaker 2 (25:30):
Marginal Legal Advice. Robin.
Speaker 4 (25:34):
It's a Lemon law question. My daughter bought Hyundai Kona
about a year ago. It was sold to her as
a certified pre owned. It's been in the shop for
repairs fifteen times a piece at one.
Speaker 1 (25:47):
Time up toring month got it and it was a
dealership that sold it to you.
Speaker 4 (25:51):
A dealership.
Speaker 2 (25:52):
Yes, okay, have you talked to we can't the carfax?
Speaker 4 (25:56):
No go ahead?
Speaker 2 (25:57):
Have you talked to a Lemon law or a lawyer.
Speaker 4 (25:59):
We have a approached one, but we were wondering if
maybe we should approach the dealership.
Speaker 11 (26:04):
Furst.
Speaker 1 (26:05):
No, no, no, no, no, absolutely not under these circumstances,
you go to a Lemon law lawyer because you're already
into statutory language as to responsibility and there keep in
mind the dealerships can do everything it can to not
(26:25):
give you any money or not get involved saying this
is your problem. You're in way over your head on
this one. And when it comes to interpreting the law,
what's available, what is not, what has to be done?
A Lemon law lawyer will pick this up based on.
Speaker 6 (26:38):
What you say.
Speaker 4 (26:39):
One quick question. The car was sold as a certified
pre owned. They cannot produce the document. She's called them
half a dozen times now. The Lemon lawyer told us
that he thinks we have a really good case to
prevail if it's certified pre owned. Otherwise you know he's
going to have to fight.
Speaker 1 (27:00):
You say, do you have a hold on a minute,
do you have any of the sales documents?
Speaker 2 (27:05):
I mean, you bought the car, right.
Speaker 4 (27:06):
We do not have the documents. That gave her a
flash drive that when she's tried to open it, it
might be on there. She can't open it. In addition,
she's called them half a dozen times.
Speaker 2 (27:16):
They're not going to help you. They're not going to
help you.
Speaker 1 (27:18):
And so here's ok I think the lawyer, Well, what
will happen is even if you don't find the documents,
if you don't have them, they they'll certainly have them.
If I mean there's a dealership where if a car
is certified, I mean there's documentation there. Uh, and so
it'll be there'll be a subpoena to grab those documents
(27:41):
from them if you'll get them. So just you've got
a good Lemon law case. So just go okay, Okay,
there you go.
Speaker 2 (27:50):
Hey, Paul.
Speaker 9 (27:52):
Question is I signed a contract with a solar company
two years ago. They've been stalling for a long time.
Last year, it was late last year they started the project.
They basically installed the panel that's going to go with
the electrical panel for the house to change up. I
just received notice yesterday that the canceling the project.
Speaker 2 (28:14):
Okay, and what they are they billing you for the
electrical panel?
Speaker 1 (28:18):
No, not yet Okay, So you now have ostensibly a
free electrical panel.
Speaker 2 (28:25):
Any idea how much that was worth putting in an
electrical panel?
Speaker 9 (28:28):
Thirty five hundred bucks.
Speaker 1 (28:29):
Okay, so that's money. That's that's serious money. Okay, So
with that in mind, But.
Speaker 9 (28:35):
Here's the here's the wrinkle on it. When they signed
a contract. The contract was for seventy thousand dollars to
put roof on and soler. Okay, and now if I
were to do the very same thing, now it's double
the price.
Speaker 2 (28:48):
Whoa, that's probably why they canceled it. Double the price, okay,
double the price, all right?
Speaker 1 (28:54):
All right, so yeah, that's probably why they're going to
walk away. And let's you have thirty five hundred all right,
so that gets easy. You what was the reason that
they canceled the contract?
Speaker 2 (29:06):
They give you one?
Speaker 9 (29:07):
Well, it's the rumor is that they don't have manpower
to do it. They basically are are canceling time.
Speaker 2 (29:13):
No, I don't care what the rumor is.
Speaker 1 (29:16):
All I care about is did they give you a
reason other than they just.
Speaker 9 (29:21):
They said they are no longer doing solar in our area.
Speaker 1 (29:24):
So okay, okay, right, all right, so that's a bunch
of crap. All right, So here is what you get
to do. And this is one of those, Well your contract,
does your contract have an attorney's fees clause in it?
Most do one arbitration clause probably.
Speaker 2 (29:42):
And the other one. The other part of it is
the prevailing party pays all attorneys fees. Do you have
to know if that's the case.
Speaker 3 (29:50):
I don't know.
Speaker 1 (29:51):
Okay, you're probably going to find that. My guess is
you're probably going to find that. Then the other question
is is this a solid company? I mean, do they
have assets, do they have money? Or are they on
the verge of going out of business?
Speaker 3 (30:03):
Do you have any idea they're a solid company?
Speaker 1 (30:06):
Okay, all right, good news. All right, Yeah that's pretty good. Yeah,
that's reasonably solid. So here's what you get to do.
Because this is a big, big deal. I mean, you're
talking seventy thousand dollars worth of damages just in installing,
and you're talking about the utilities.
Speaker 2 (30:30):
That you are paying that you should not have paid.
That's a little bit more. That's a little bit problematic,
as you will.
Speaker 1 (30:37):
Actually it's just a question of numbers because you have
to figure out what you pay versus what you would
have paid.
Speaker 2 (30:44):
And there's net metering.
Speaker 1 (30:46):
And that's up to your lawyer's office to figure all
that out. Now, the good news is you've got a
seventy thousand dollars case. You have the money lost on
the utilities that should not have been lost that you've
had to pay, and they're probably going to be credited
with thirty five hundred dollars in the end when it's
(31:06):
all said and done that they put in a system
and you got thirty five hundred dollars for free, and
that's all in the mix. If it turns out you
get a judgment for the full amount, the judge will
say or the arbitrator will say, yeah, that's minus thirty
five hundred dollars that you already have. So you get
to find a lawyer that The good news is it
looks like you have them.
Speaker 2 (31:25):
That's why I asked about is a solid company.
Speaker 1 (31:28):
The bad news is you get to pay the lawyer
and then collect it at the back end because you're
suing for seventy you're suing for seventy thousand.
Speaker 2 (31:36):
Dollars, okay, plus electricity?
Speaker 9 (31:39):
Something about the different what about the difference in the
net metering? Is the way you said, an attorney will
figure that out. Net metering. Now that I've got a
different contractor who's going to be doing the work, I'm
falling out of net metering two point no.
Speaker 1 (31:51):
Point zh And that's part of it. Oh, that's absolutely
part of it. And then there's some kind of formula
that has to be created over the average length of
someone staying there. I mean, you're not going to get
forty years, but you're also going to get more than
three years. So I don't even know how they figure
that out, because that is really speculative stuff because once
(32:15):
you move out, you know, it's not your problem anymore,
and so you can't collect forty years of the difference
in net metering when you sell your house in five years.
Speaker 2 (32:24):
So I don't know how they figure that out.
Speaker 1 (32:27):
But from what you tell me, you've got a pretty
good case, and you get to find yourself a lawyer's
a straight business lawyer because you're just.
Speaker 2 (32:33):
Talking about suing.
Speaker 1 (32:34):
Okay, Yeah, Now I want to tell you about Zelman's
minty Mouth mints. This is stuff that I absolutely love.
That's my pack of Zelman's right here. As a matter
of fact, I have two packs of Zelman's.
Speaker 2 (32:46):
See that's my second.
Speaker 1 (32:47):
Pack, well, three packs four packs, especially just one pack.
But this is radio so you can't see Zelman's Minty
Mouth Mints.
Speaker 2 (32:56):
It's far more than a mint.
Speaker 1 (32:58):
If you have an issue with bad breath or just
wanting to have fresh, clean breath for hours and hours,
let me suggest Selman's Minty Mouth mints.
Speaker 2 (33:08):
First of all, the mint.
Speaker 1 (33:09):
That codes this little capsule makes your mouth feel great,
and then you swallow or you bite into the capsule.
It gets to work in your gut, and that's where
the foods you eat sometimes cause you know bad breath,
and Zelmans takes care.
Speaker 2 (33:22):
Of that for hours and hours. And how good are they? Well,
they have a money back guarantee.
Speaker 1 (33:27):
I've never seen anybody use multiple If you order multiple packs,
you get free shipping, and you probably will try to
get multiple packs or will get multiple packs. So go
to Zelman's z l m I N s zelmans dot
com fifteen percent off when you use the code handle
at check out. Take advantage of the fifteen percent. Go
(33:48):
to the website Zelman's z l M i N s
Zelmans dot com.
Speaker 2 (33:54):
This is handle on the law. You've been listening to
the bill handle a show.
Speaker 1 (34:00):
Catch my show Monday through Friday six am to nine am,
and anytime on demand on the iHeartRadio app.
Popular Podcasts
1. Stuff You Should Know
If you've ever wanted to know about champagne, satanism, the Stonewall Uprising, chaos theory, LSD, El Nino, true crime and Rosa Parks, then look no further. Josh and Chuck have you covered.
2. Start Here
A straightforward look at the day's top news in 20 minutes. Powered by ABC News. Hosted by Brad Mielke.
3. Dateline NBC
Current and classic episodes, featuring compelling true-crime mysteries, powerful documentaries and in-depth investigations.