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 f This is handle
on the Law marginal legal advice, where I tell you
have absolutely no case. 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
(00:21):
go to handle on the law dot com. Click on
the join today tab at the top of the page.
Speaker 2 (00:26):
The followings will be recorded program.
Speaker 1 (00:30):
School lunches are just a force of nature onto themselves.
Speaker 2 (00:36):
I mean, there are stories after story of school lunches.
Speaker 1 (00:38):
We've all undergone the joys of school lunches, all the
way from inedible to just horrible. And now in California,
of course California, the governor signed a first in the
nation legislation that will prevent public schools in California from
serving food dyes that cover or color fruit loops.
Speaker 2 (01:01):
No more fruit loops.
Speaker 1 (01:02):
Flame and hot Cheetos. No more flame and hot Cheetos
in school. It's the blue, green, yellow, and red additives
that have been linked to hyperactivity and other behavioral issues.
And so now in California done, No more fruit loops,
no more Cheetos, no more anything in the schools that
(01:25):
use blue, green, yellow, and red additives colors can't do it.
Speaker 2 (01:30):
Now. There is one company that has been affected by this.
Speaker 1 (01:37):
This is the twenty twenty three band, and that's Peeps. Now,
I'm one of the few people I know that really
enjoys peeps. It's one of my all time favorite things
to eat. I just love this concoction of marshmallow and
sugar and sprinkles. I mean, it's horrible for you, but
I love them. Peeps got in front of the band
(01:57):
and it chose to change their formula rather than withdraw
those marshmallow chicks from the store shells. So peeps are
still available. They can be bought in school, though. You
know when I was going to school, we are you
able to buy that stuff? You can't today, that's for sure.
Speaker 2 (02:14):
Now.
Speaker 1 (02:15):
The new law says that stores will still be able
to sell foods containing these dyes covered by the new law,
but schools can't. And here is what's going to happen,
is that products are probably not going to be used
using these dyes because the handwriting is on the wall.
And if schools can't do it, and California is moving
(02:37):
in that direction. California is such an enormous market that
it's just easy for these companies to follow California and
California laws.
Speaker 2 (02:45):
That's one of the thing about California is at the forefront.
Speaker 1 (02:48):
You know, for example, the emissions control that California has
on cars, you know, stricter than anybody else in the country.
Speaker 2 (02:55):
They're all the same.
Speaker 1 (02:56):
California's too big a market, and the car manufacturers aren't
going to do different kinds of mission standards. So the
same thing is happening here. California is such a huge
market that you're going to see either Fruit Loops changes
its formula or Fruit Loops is.
Speaker 2 (03:12):
Gone from the schools.
Speaker 1 (03:13):
Tell your kids, all right, let's go ahead and take
a phone call or two.
Speaker 3 (03:20):
Uh hi, Ira, I have an interesting problem which you
may have may or may not have heard. I'm an
old far well, an old return said that I have
an old fart who has had eighteen procedures on their
lower back trying to relieve the retard following the first
loa back surgery. If some doctors said to me, I
(03:43):
think I can help you, my next question is can
we do it this afternoon? I ended up having a
procedure done in May of last year. The procedure went well.
I was in We started at four in the afternoon.
At four in the morning, the nurses came into the
room where they wanted them sure I was alive and
just sleeping or whether something else has happened. So they
(04:05):
asked me to sit up, which I did, and then
they said come and just stand up right by the
side of your bed, which I just slipped off the
bed and stood up, at which point the nurse that
was with me walked over to open the bathroom door, figuring, uh,
I would need to go to the bathroom. The next
thing I remember I saying to myself, ooh, that hurt.
(04:26):
And then the next thing I heard was did the
bleeding stop yet, at which time said yes, it's stop
with pressure. Let's get them to the xtray and make
sure there's no bleeding inside his head. The thing is
I had authostatic hypotension, which of course you know is
low blood pressure when your son they go from a
(04:47):
I fell was knocked out completely, all right. I fell
and bounced my head off before with unconscious and unconscious
for a period of time while they stopped the bleeding.
All right. So now I had this autostatic hypotensia as
the cause of the fall, and they weren't saying, well,
let's what can we do about it? Nothing. I kept
(05:10):
in the hospital for seventeen days. The blood fresh has
stayed low, sometimes getting up to sixty over thirty. How
does that sound? Were the blood fresh? So now the
problem is what to do with what I was left with?
Speaker 2 (05:27):
What were you left with?
Speaker 3 (05:28):
The worst thing of all, Bill, As you remember, when
you're a doctor, you know that the taste is not
in your tongue. The tongue only tastes salt, sweet, sour,
and something go umummy. Most of your taste goes through
the upper portion of your nose into the brain, where
the nerve determines what the taste was and tells the
(05:51):
rest of the brain Yeah, oh that steak really tastes.
Speaker 1 (05:55):
Got it all right, By the way, amount a doctor
all the way, play one on radio.
Speaker 3 (05:59):
I remember when you they used to give your words
to say so people thought you knew what you were saying.
Speaker 1 (06:05):
You don't have taste, Okay.
Speaker 3 (06:07):
You don't have tastes. And so the greatest taste for
me in all my life was that fine chocolate followed
by that that Chad rare steak right.
Speaker 2 (06:17):
Okay, what's your Okay, Ira, I'm getting hungry. You just
talking about it? What is your question? Ira?
Speaker 3 (06:22):
All foods taste like nothing.
Speaker 2 (06:24):
Okay, that's not a question. Go ahead.
Speaker 3 (06:26):
Well that's a statement.
Speaker 2 (06:28):
Okay, what's your question?
Speaker 3 (06:29):
It's not going to get better after Okamer, the central
nervous system was healed very slowly or not? What is
your question left? I'm left with no taste?
Speaker 2 (06:38):
Okay.
Speaker 3 (06:39):
What's your consult as a result of falling in my hand?
Speaker 4 (06:42):
No?
Speaker 2 (06:42):
I understand that, so Ira, I'm going to give it
one more shot. Okay, what is your question?
Speaker 3 (06:48):
Is there anything since the hospital?
Speaker 2 (06:51):
Okay?
Speaker 3 (06:52):
Because allowing me to fall them bokay?
Speaker 1 (06:55):
No, yes, yes, based on what you said, there does
seem to be liable medical malpractice.
Speaker 2 (07:02):
I don't know how much lack of taste is worth.
Speaker 3 (07:06):
Uh, it's worth everything?
Speaker 1 (07:07):
No, no, no, no, no, talk about legally, Ira, I'm not
talking about legal. I'm talking legally. What the what lack
of taste is worth?
Speaker 2 (07:15):
How old are you?
Speaker 3 (07:15):
Ira, I'm just a kid. I'll be ninety two and
ninety two.
Speaker 2 (07:19):
Well here's their defense.
Speaker 3 (07:22):
Ira, for a couple of years I understand.
Speaker 2 (07:25):
Ira.
Speaker 1 (07:25):
Here's okay, you're ninety when it happened. Here's their defense. Ira,
you're ninety, you've tasted enough.
Speaker 3 (07:31):
You don't need to taste there is, that's what you say.
I disagree with you.
Speaker 2 (07:35):
Okay, Well I'm glad you. I'm glad you're disagreeing with that.
Speaker 1 (07:38):
Yes, you've got that issue going on, lack of taste.
Speaker 2 (07:42):
I don't know what that's worth.
Speaker 1 (07:43):
I don't uh, And it is obviously to you worth everything,
but I don't know what it's worth legally.
Speaker 3 (07:48):
Well, what would it be worth for you, Bill?
Speaker 2 (07:51):
I don't know, you know, I have no idea. I
don't know.
Speaker 3 (07:55):
I don't know what to be worth a million?
Speaker 2 (07:57):
All right, I don't it's not going to be in
the millions of dollars.
Speaker 3 (08:00):
How about your back? How about your back?
Speaker 2 (08:03):
What happened to that? Your back during the fall or
as a result of the fall.
Speaker 3 (08:07):
It's just as bad as it's still okay?
Speaker 2 (08:09):
Does what did it get worse because of it? You
wouldn't know. Yeah, you wouldn't know because you Yeah, because
you're just out of the surgery.
Speaker 1 (08:17):
Well, irit's worth talking to a medical malpractice attorney.
Speaker 2 (08:22):
Yeah, you go to handle on the law dot com
and you'll.
Speaker 1 (08:25):
Ask that's where I want to go because I don't
hand on the law dot com.
Speaker 2 (08:29):
And you'll talk to one of our attorneys.
Speaker 3 (08:31):
And we'll go to mediation and mediate.
Speaker 1 (08:35):
I wouldn't be mediation, maybe mediation, but would probably be arbitration.
Speaker 3 (08:39):
Um.
Speaker 1 (08:42):
I'm curious as to how much lack of taste. And
I understand it's a big deal. I mean, don't don't misunderstand.
I'm not trying to poopoo it.
Speaker 3 (08:50):
But used to go to down south where you live
down in Orange Town. It doesn't pay to go there anymore.
You have no taste.
Speaker 1 (09:00):
It doesn't pa. I couldn't agree with you more. No
taste is not any I wouldn't do yeh money.
Speaker 4 (09:06):
No, this is.
Speaker 2 (09:08):
Handle on the law. Welcome back to handle on the law. Hey, Tammy,
welcome to handle on the law. Thank you, Yeah, Tammy,
go ahead.
Speaker 4 (09:22):
Okay.
Speaker 5 (09:23):
I was at I was shopping at home depot and
one of the associates excuse me, associates was helping me.
So we were walking down one of the paint aisles
and on the way back to the paint section, I
(09:43):
slipped on a very oily substance and I hit the ground.
I did have a pre existing hip problem, and I
fell and hit the ground, and I was so stunned.
I got up real quick because I was so embarrassed.
But I did file an accident report, and I was
(10:08):
walking with one of the associates and he seemed very concerned.
I filled out the paperwork and left, and then they
started calling me, and one of the guy that's been
calling me from Home Depot said, well, how do we
(10:28):
know that it was a Home Depot's fault. We can't
say that we were at fault for that. And I said,
what do you mean? I was shopping at your store,
buying your products with one of your employees, and I'm
sure I was on camera.
Speaker 1 (10:45):
Okay, all right, all right, I got it, I got it.
Just ignore what that employee said. I mean, that is total,
totally irrelevant here. Now, I have some questions when we
talk about how how banged up were you? Did you?
I assume you went to the doctor and what happened
as a result.
Speaker 5 (11:06):
But actually I was already seeing the doctor for my
hip problem.
Speaker 1 (11:10):
Okay, how banged up were you? How banged up were you?
Speaker 5 (11:15):
Both my knees and it did make my hip a
little worse.
Speaker 2 (11:20):
Okay. Are you going to have surgery as a result.
Speaker 5 (11:23):
I just did at the end of December, okay.
Speaker 1 (11:26):
And are you going to have additional surgery or how
much more treatment do you need beyond what would have
happened had this not happened.
Speaker 5 (11:38):
I just finished physical therapy, So as far as one
follow up visit from the surgeon, I don't think anything.
Speaker 1 (11:47):
Okay, So your damages are relatively low, and one of
the defenses we're not talking about liability here.
Speaker 2 (11:54):
That's another issue.
Speaker 1 (11:55):
One of the defenses as to damages, and that is
your physical injury, is that number one was pre existing.
Number two there wasn't really much more going on than
what was going on prior to the fall. You're not
looking at huge exasceration, you're not looking at more surgery,
(12:16):
you're not looking at additional physical therapy.
Speaker 2 (12:19):
So the damages are fairly minimal.
Speaker 1 (12:23):
And then always when there's pre existing that's always a discussion,
I mean always as to how much liability relative to
the pre existing you had. So let's say you have
X damages, they're going to argue we're only responsible for
five percent more, and you're going to say you're responsible
for ninety percent more So, that's always the argument. And
(12:44):
as far as liability is concerned, you slipped on an
oily substance, I'm assuming that it was videoed, and you're
probably right because everything's on video. That doesn't prove there
was an oily subs since there. I don't think when
there was a report written, did that employee who was
(13:06):
walking with you, was there any indication or was there
any written document that he said you slipped on or
she said you slipped on an oily substance.
Speaker 5 (13:18):
Well, he was there and he saw it.
Speaker 1 (13:20):
No, I understand, No, I understand he saw you slip.
I mean you could have just you could be. I'm
not saying you are, and I'm not disbelieving you. What
I'm saying is people slip all the time.
Speaker 2 (13:34):
They are klutzes. I have fallen down.
Speaker 1 (13:36):
I don't care how many times I can tell you
how many times I've fallen down.
Speaker 2 (13:40):
And I'm just a klutz and I fall.
Speaker 1 (13:43):
So the bottom line is there's probably some liability there,
depending on how you can prove it or not. But
you're not damaged enough. You haven't been hurt enough to
do anything about it. No lawyer is going to touch it, Tammy.
Speaker 5 (13:59):
Oh hey, that's what I was getting out.
Speaker 3 (14:01):
Yeah.
Speaker 2 (14:01):
No, no lawyer is going to touch it.
Speaker 1 (14:03):
I mean if you had blown out your back and
you needed back surgery and there were all kinds of problems, yeah,
and they would have argued liability. But unfortunately, from a
lawyer's point of view, you weren't.
Speaker 2 (14:16):
Really banged up enough.
Speaker 1 (14:17):
I mean, I'd love to see you paralyzed, never walk again,
be a complete paralygic would.
Speaker 2 (14:22):
Have helped a lot, but it didn't. Lucky for you.
No lawyer will touch it.
Speaker 1 (14:29):
So they're gonna offer you some money and you can
negotiate just to go away. You can talk to a
PI lawyer and say this is this worth anything?
Speaker 3 (14:37):
Uh?
Speaker 2 (14:37):
And it could be. You know, basically I think it's
nuisance value.
Speaker 1 (14:42):
But sometimes if the lawyer has a history of going
against the store, or the store has just been tagged
big time on a case that's similar, they made more
app to to settle for a decent amount.
Speaker 2 (14:57):
You know, go to handle on the law dot com.
Speaker 1 (15:00):
Personal injury lawyers and there's one that's going to talk
to you and just say I suggested you go and
at least talk because you can't take my word for
anything other than tell you you have absolutely no case,
even when you have the greatest case in the world.
So go to the website handle on the law dot.
Speaker 2 (15:16):
Com and see what happens.
Speaker 1 (15:19):
All right, let me tell you about your business life.
The less your business spends on delivering your product or service,
the more margin you have. Simply the more money you make.
Everything is more expensive these days, go out to lunch.
Costs have gone up on materials and employees and distribution
and borrowing.
Speaker 2 (15:36):
And you can.
Speaker 1 (15:37):
Reduce those costs. You can reduce your headaches with NetSuite
by Oracle. What net suite is is the number one
cloud financial system bringing accounting, financial management inventory. If you
do that, nhr all into one platform. And here's how
you reduce it costs because NetSuite lives in the cloud
and no hardware is required and it can be accessive
(15:59):
from anywhere. So all of your platforms, which is now one,
you don't need hardware for it. You cut the costs
of maintaining multiple systems because again you've got one unified
business management suite and it's so easy to use improve
efficiency bringing in all your business processes all on that
one platform and also manual tasks errors gone. Over thirty
(16:23):
seven thousand companies have made the move. Visit netsuitet dot
com slash handle. That's net sweet sweet as an office
suites netsuitet dot com slash handle.
Speaker 2 (16:33):
This is handle on the Law.
Speaker 6 (16:36):
You're listening to bill handle on demand from KFI AM
six forty.
Speaker 1 (16:43):
This is handle on the Law marginal legal advice where
I tell you you have absolutely no case.
Speaker 2 (16:52):
Frank, Hello, Frank, welcome.
Speaker 4 (16:54):
I'm Frank. I'm the landlord. Okay, and I have an
issue with Mike Tennant where because of repairs that need
to be made in the plumbing, I needed to issue
him a direction instruction to vacate the property. He he's
(17:14):
ignoring the the instruction and I sent him basically already
noticed that he's in breach of the of the lease. Right,
so do I what's the next step a victim? Okay, yeah,
just make them.
Speaker 2 (17:33):
Now, let me ask a couple of questions.
Speaker 1 (17:35):
Okay, are the repairs so extensive that he can't be
there while the repairs are being made?
Speaker 4 (17:42):
Well, it's a two story town home and there was
a plumbing league.
Speaker 2 (17:46):
I'm just asking you.
Speaker 1 (17:47):
The question is are the are the repairs so extensive
that he can't be there while the repairs are being made.
Speaker 4 (17:55):
Okay, it's a two story place. The bottom, the first story,
the kitchen, the living room basically are not usable.
Speaker 2 (18:02):
Okay, I didn't ask you that. I didn't ask you that.
I asked you.
Speaker 1 (18:07):
If you go in and repair the place, do you
physically have to have him out or can he live
in the other corner without a kitchen?
Speaker 4 (18:15):
To me?
Speaker 1 (18:16):
Okay, So with that being said, Okay, okay, now let's
go to the next step.
Speaker 3 (18:21):
All right.
Speaker 2 (18:22):
You tell him the place has to be vacated. He
says no. You tell him this is going to happen.
Speaker 1 (18:27):
There will be no water, there will be no toilets,
there will be you won't have hot water, you won't
be able to use your kitchen.
Speaker 2 (18:34):
Therefore you have to leave.
Speaker 1 (18:37):
And by the way, you've got to put him up
in a hotel while the repairs are being made. Unless
they are so extensive, you're effectively remodeling the place. And
if they say no, you say, okay, you're still going
to pay the rent and you get to live in
two hundred square feet of a twelve hundred square foot property.
Speaker 2 (18:55):
That's fine.
Speaker 1 (18:56):
The point is is that if he elects to stay
and it's not dangerous and you can make the repairs
while he is still there, that's his problem, not yours.
Speaker 4 (19:08):
Well again again I've been trying to get that answer.
But to me, I'm in construction, so I do engineering
in construction.
Speaker 2 (19:15):
Okay, then you a victim.
Speaker 1 (19:16):
Then you just straight out a victim for breach, for
breach of the lease, file file an eviction notice, and
you're gonna be fine if you have all of this
in writing and he ignores it, and you say things like,
this is the second notice, this is a third notice,
this was going to happen, this is the date we're
going to start. You have a right to go in
(19:37):
there as the landlord for exitgen circumstances. If you give
him twenty four hour notice. If he says no, not
anybody in here, that's the eviction. I mean, that day
the eviction notice is given, that's it. You get them out,
and you want those guys out of there.
Speaker 2 (19:52):
If someone's willing to do that to you, why would
you even want them in the apartment. Exactly, Yeah, that's
what you do.
Speaker 1 (19:58):
There is a basis for throwing him out. I mean,
usually the law is always on the tenant side. But
you know, there there is some weasonable accommodations that have
to be made.
Speaker 4 (20:12):
Poon.
Speaker 2 (20:13):
Hello, Poon, welcome.
Speaker 7 (20:14):
Yes, my son passed away unfortunately March.
Speaker 2 (20:17):
Oh, I'm sorry. How old was he?
Speaker 3 (20:19):
A month?
Speaker 7 (20:21):
Only forty seven?
Speaker 2 (20:22):
Oh that's tough. I'm sorry.
Speaker 7 (20:24):
Yeah, thank you sir. Anyway, he went to visit a
friend in Las Vegas in April of this year, had
some chest pains, went to a local er there. They
did some test on him and determined it was probably
acid reflex reflex. They told him, of course, to follow
with his family doctor back here in California, which he
(20:45):
did a month later. They I guess, prescribed him, you know,
as a reflex medicine, and then never sent him to
a cardiologist. No, no, of course, March of this here, while
visiting at home, he suffered a heart attack and despite
the paramedics arriving, passed away.
Speaker 2 (21:09):
All right, yeah, you might, you might. And here are
a couple of questions.
Speaker 1 (21:14):
And I always take the defense's the defense position because
I tell you what you have to fight. So that's
really the argument that I bring up. So did anybody
do an ekg.
Speaker 4 (21:29):
Yes?
Speaker 2 (21:29):
Okay, did anybody do an echo? Cardiogram.
Speaker 7 (21:35):
I'm not sure.
Speaker 1 (21:37):
Okay, So here is the bottom line. You go to
the er, and the er people are probably negligent. You're
going to sue a couple of people here, the er,
people with acid reflux. They're going to claim this is
normal acid reflex. We did not violate or we did
not go against the concept of the normal care. We
(22:01):
met the standards of what normal care is. By the way,
the standards of care are very different in different cities.
The standards of care, for example, at a first world
hospital in Los Angeles, a Cedars Hospital, Cedars of Sinai,
or the various other ones where we're talking world class hospitals,
(22:21):
very different than a clinic in Las Vegas, for example.
All right, so it is so therefore the emergency room
may very well have met the standard of care in
that facility in that area without me naming names. Did
he go to a major hospital for the emergency room for.
Speaker 2 (22:41):
His acid reflux?
Speaker 3 (22:44):
Yes?
Speaker 1 (22:45):
Okay, just between you and me and between us chickens.
The medical care in southern Nevada is absolutely horrific.
Speaker 2 (22:55):
It is absolutely horrible.
Speaker 1 (22:59):
There's a phrase out there, if you're in pain, get
on a plane, and that is not a joke. That
is not a joke. And there there's another one that says,
if if you're really in pain, the best place to
go is terminal three, and you get the hell out
of town. So that and you didn't know that, and
(23:20):
a lot a lot of people do that. You go in,
you go to Las Vegas, you go to emergency's room.
Speaker 2 (23:24):
Something happening.
Speaker 1 (23:24):
Now a month later, he goes to he goes to
an interness. Correct or he goes to another er okay, interness,
and they did an echo. And if the echo shows
no problem and the acid reflux is taken care of,
that it could be just a fluke poon that it
(23:47):
just happens that under certain circumstances, this happens, and there
is no there is no negligence, there is no malpractice.
But poon, the fact that your son died is enough,
certainly enough in terms of legal damages that you talk
(24:07):
to a medical malpractice attorney. And I mean right now,
because that's uh. Again, I don't know if malpractice sits
or not, but man, you you you have to know
whether it is or isn't.
Speaker 2 (24:19):
You can't let this just go past, because if someone
is responsible for your son's death. Uh.
Speaker 1 (24:26):
They they've got to come to the table. I mean
to force them the table. I mean you have to
drag him to the table. And they'll be the defenses
like crazy and they're probably not gonna settle. But if
it's big enough, uh, you know what, go to handle
on the Law dot com. Uh, and you'll talk to
a guy named Mark probably who runs who is overseas
(24:46):
handle on the Law dot Com. He's a personal injury lawyer,
one of the best out there, by the way, and
h he will direct you, uh and give you where
to go because you I want you to have taught
notch uh care or when it comes to medical mail
practice attorney. Okay, Handle on the Law dot Com. A
H boy, that's tough, you know, losing your kid at
(25:07):
forty seven or losing your kid at twenty two. You know,
my daughters are twenty eight and I've been just a
thought of losing them is although it'd be a lot
cheaper frankly for me.
Speaker 2 (25:17):
But you know, I shouldn't have gone there. I really shouldn't.
This is Handle on the Law. Welcome back to Handle
on the Law. Enrique.
Speaker 1 (25:28):
Hello Enrique, Hi, good morning, Yes, sir, Bill, I have
been divorced for six years.
Speaker 8 (25:38):
I'm about to retire. I'm seventy and a half. And
the question is, actually, I do have a court to
try to change the aly money that I give to
my ex wife. Would I need to continue paying after
I retire?
Speaker 7 (25:56):
Well?
Speaker 2 (25:57):
Yeah, hold on, well okay, So here is what you
have to look at. You have to look at two things.
Speaker 1 (26:03):
One, you have to look at the divorce decree itself
that says Enriki will pay his ex wife eighteen hundred.
Speaker 2 (26:11):
Dollars usually per month. Usually in the.
Speaker 1 (26:15):
Vast majority of those decisions, in the vast majority of
the orders that the judges give when retirement hits, that stops,
or it's modified, and something doesn't make any sense that
that order was not given.
Speaker 2 (26:33):
I'm assuming you had a lawyer, right, Enrique during the divorce. Yeah, okay, something.
Speaker 1 (26:38):
You have to look at the divorce decree and that's easy.
If you don't have a copy of it, you can
pull that out. It's a public record. You can go
on the internet and pull it. And you look at
the divorce decree itself, and you look at the provision
that is the alimony provision or spousal support provision, and
you look and it'll tell you right there when it
stops upon retur hirement, it stops or it drops whatever.
Speaker 2 (27:02):
The other thing you can do is you.
Speaker 1 (27:04):
Can open up the case right now because you have
a change of circumstance big time. What is how much
is your income drop between having worked and retiring?
Speaker 2 (27:16):
Give me a percentage?
Speaker 8 (27:21):
Well, it stops completely. I just get social Security?
Speaker 2 (27:25):
Okay? Yeah? That wow?
Speaker 1 (27:30):
Okay, So you have no four to one case, no pension,
none of that.
Speaker 2 (27:34):
All you get is social Security?
Speaker 3 (27:35):
Do I do?
Speaker 2 (27:36):
Okay?
Speaker 1 (27:37):
So with that, your ex is entitled. I don't think
you can be touched with social Security. I think that's yours.
I think you're you know, how do you pay eighteen
hundred dollars a month on Social Security? How much is
your social Security checkup every month?
Speaker 2 (27:51):
Enrique?
Speaker 8 (27:54):
About twenty twenty eight.
Speaker 2 (27:58):
Twenty eight, So you pay her eighteen hundred and that.
Speaker 1 (28:01):
Leaves you one thousand dollars for rent, for food, for transportation.
Speaker 2 (28:07):
And where do you live in? Rique?
Speaker 8 (28:10):
In my house?
Speaker 3 (28:11):
My own?
Speaker 2 (28:12):
Great? Thank you? Yeah, I live in my house too.
What city? What state you live in?
Speaker 8 (28:17):
Murretta, California?
Speaker 1 (28:18):
Okay, so you live Murrietta is out there in the desert,
and you're living in California, which is one of the
most expensive places you can live.
Speaker 2 (28:27):
In Marietta.
Speaker 1 (28:28):
I don't know what the property values are because it's
way out there, but even so, our property taxes are high. Yeah,
you could get that turned around in two seconds. In Rique,
so read the order first of all, and then if
the says and it doesn't make any sense that it says,
it keeps on going at eighteen hundred dollars a month
after retirement. How much did you earn when you were
(28:50):
working in Rique?
Speaker 8 (28:53):
Well right now?
Speaker 1 (28:55):
No, no, not when you're working. What's your salary when
you're working?
Speaker 8 (28:59):
Still working?
Speaker 2 (29:00):
Okay? How much do you earn?
Speaker 8 (29:02):
How much do you earn right now? One thousand a year?
Speaker 1 (29:06):
Okay, So eighteen hundred dollars is not unusual. I mean,
that's not unreasonable. Eighteen hundred dollars out of your Social
Security check of twenty eight hundred dollars. That's unreasonable that
you can get changed around instantly.
Speaker 2 (29:19):
Hey, let me ask you.
Speaker 1 (29:20):
You make one hundred thousand dollars a year and you
have nothing, no savings, nothing.
Speaker 8 (29:24):
No, no, no, I do, I do, I do. I'm sorry,
I do.
Speaker 1 (29:28):
Okay, well, if you earn okay, now, if you earn.
Oh by the way, was that split up during the retirement?
Speaker 2 (29:37):
No? Excuse me?
Speaker 1 (29:37):
When when the divorce decree was issued? Were your savings split?
Speaker 2 (29:41):
Did she get half of it?
Speaker 8 (29:43):
Everything? Even my retirement and whatever you said you don't have.
Speaker 1 (29:48):
You said you don't have a retirement, then you already
have Social Security?
Speaker 2 (29:55):
Is that correct? That's what you said? Is that incorrect?
Speaker 8 (29:58):
Okay? I didn't count that up income, but I do
have a four to oh one K.
Speaker 2 (30:03):
And you're taking money from the four oh one K.
Speaker 8 (30:06):
No, not right now?
Speaker 2 (30:07):
Okay, So it's just.
Speaker 1 (30:08):
Sitting there and she got her half for the four
oh one k? Correct, yes, okay, So let me ask
how much? How Yeah, we're gonna just do some numbers. Now,
how much do you have in your four oh one.
Speaker 8 (30:19):
K all together? Probably about about five hundred.
Speaker 1 (30:27):
Five hundred thousand, Yeah, okay, so let's say five percent. Uh,
that gets you twenty five hundred dollars a month on top.
Speaker 2 (30:36):
Of your Social Security.
Speaker 1 (30:37):
So now you're talking twenty eight hundred plus twenty five hundred.
Now you're in the five six thousand dollars a month range. Uh,
just wondering you know that that has nothing to do
legally because she's already gotten her half.
Speaker 2 (30:52):
So yeah, you're gonna be You're gonna be able to
un revel yours.
Speaker 1 (30:55):
Yeah, and we go back to what I said, look
at the divorce decree and you can always open it
up with a change of circumstance, and retiring is certainly
a change of circumstance. All right, let me tell you
about your bad breath, and man, you have plenty of it,
we all do.
Speaker 2 (31:10):
So let me suggest a way out of it.
Speaker 1 (31:12):
With the Zelman's mint mouthmans, tiny little capsules that you swallow.
First of all, there's mint coded, the coded with mint.
You suck on the mint, then they're gone.
Speaker 2 (31:23):
The mint is gone. Then you swallow or bite into.
Speaker 1 (31:25):
Them and the parsley seed oil and the capsules goes
to work inside the gut.
Speaker 2 (31:28):
And other mint's don't do that.
Speaker 1 (31:30):
And that works on bad breath, and if you have
dry mouth, that helps.
Speaker 2 (31:35):
And also they just make it feel good.
Speaker 1 (31:37):
You know, there's nothing like when you brush your teeth,
for example, we have that fresh feeling we do with hours.
Speaker 2 (31:41):
With Zelman's minte mouthmens, these things really work.
Speaker 1 (31:45):
So let me suggest you get a hold of Zelman's
zelmans dot com z l m i ns dot com
fifteen percent off when you use the code handle at
checkout and take advantage of the fifteen percent Zelman's This
is handle on
Speaker 6 (32:02):
The Law You're listening to Bill Handle on Demand from
kf I A M six forty
You're listening to KFI AM six forty the Bill Handles
show on demand on the iHeartRadio f This is handle
on the Law marginal legal advice, where I tell you
have absolutely no case. 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
(00:21):
go to handle on the law dot com. Click on
the join today tab at the top of the page.
Speaker 2 (00:26):
The followings will be recorded program.
Speaker 1 (00:30):
School lunches are just a force of nature onto themselves.
Speaker 2 (00:36):
I mean, there are stories after story of school lunches.
Speaker 1 (00:38):
We've all undergone the joys of school lunches, all the
way from inedible to just horrible. And now in California,
of course California, the governor signed a first in the
nation legislation that will prevent public schools in California from
serving food dyes that cover or color fruit loops.
Speaker 2 (01:01):
No more fruit loops.
Speaker 1 (01:02):
Flame and hot Cheetos. No more flame and hot Cheetos
in school. It's the blue, green, yellow, and red additives
that have been linked to hyperactivity and other behavioral issues.
And so now in California done, No more fruit loops,
no more Cheetos, no more anything in the schools that
(01:25):
use blue, green, yellow, and red additives colors can't do it.
Speaker 2 (01:30):
Now. There is one company that has been affected by this.
Speaker 1 (01:37):
This is the twenty twenty three band, and that's Peeps. Now,
I'm one of the few people I know that really
enjoys peeps. It's one of my all time favorite things
to eat. I just love this concoction of marshmallow and
sugar and sprinkles. I mean, it's horrible for you, but
I love them. Peeps got in front of the band
(01:57):
and it chose to change their formula rather than withdraw
those marshmallow chicks from the store shells. So peeps are
still available. They can be bought in school, though. You
know when I was going to school, we are you
able to buy that stuff? You can't today, that's for sure.
Speaker 2 (02:14):
Now.
Speaker 1 (02:15):
The new law says that stores will still be able
to sell foods containing these dyes covered by the new law,
but schools can't. And here is what's going to happen,
is that products are probably not going to be used
using these dyes because the handwriting is on the wall.
And if schools can't do it, and California is moving
(02:37):
in that direction. California is such an enormous market that
it's just easy for these companies to follow California and
California laws.
Speaker 2 (02:45):
That's one of the thing about California is at the forefront.
Speaker 1 (02:48):
You know, for example, the emissions control that California has
on cars, you know, stricter than anybody else in the country.
Speaker 2 (02:55):
They're all the same.
Speaker 1 (02:56):
California's too big a market, and the car manufacturers aren't
going to do different kinds of mission standards. So the
same thing is happening here. California is such a huge
market that you're going to see either Fruit Loops changes
its formula or Fruit Loops is.
Speaker 2 (03:12):
Gone from the schools.
Speaker 1 (03:13):
Tell your kids, all right, let's go ahead and take
a phone call or two.
Speaker 3 (03:20):
Uh hi, Ira, I have an interesting problem which you
may have may or may not have heard. I'm an
old far well, an old return said that I have
an old fart who has had eighteen procedures on their
lower back trying to relieve the retard following the first
loa back surgery. If some doctors said to me, I
(03:43):
think I can help you, my next question is can
we do it this afternoon? I ended up having a
procedure done in May of last year. The procedure went well.
I was in We started at four in the afternoon.
At four in the morning, the nurses came into the
room where they wanted them sure I was alive and
just sleeping or whether something else has happened. So they
(04:05):
asked me to sit up, which I did, and then
they said come and just stand up right by the
side of your bed, which I just slipped off the
bed and stood up, at which point the nurse that
was with me walked over to open the bathroom door, figuring, uh,
I would need to go to the bathroom. The next
thing I remember I saying to myself, ooh, that hurt.
(04:26):
And then the next thing I heard was did the
bleeding stop yet, at which time said yes, it's stop
with pressure. Let's get them to the xtray and make
sure there's no bleeding inside his head. The thing is
I had authostatic hypotension, which of course you know is
low blood pressure when your son they go from a
(04:47):
I fell was knocked out completely, all right. I fell
and bounced my head off before with unconscious and unconscious
for a period of time while they stopped the bleeding.
All right. So now I had this autostatic hypotensia as
the cause of the fall, and they weren't saying, well,
let's what can we do about it? Nothing. I kept
(05:10):
in the hospital for seventeen days. The blood fresh has
stayed low, sometimes getting up to sixty over thirty. How
does that sound? Were the blood fresh? So now the
problem is what to do with what I was left with?
Speaker 2 (05:27):
What were you left with?
Speaker 3 (05:28):
The worst thing of all, Bill, As you remember, when
you're a doctor, you know that the taste is not
in your tongue. The tongue only tastes salt, sweet, sour,
and something go umummy. Most of your taste goes through
the upper portion of your nose into the brain, where
the nerve determines what the taste was and tells the
(05:51):
rest of the brain Yeah, oh that steak really tastes.
Speaker 1 (05:55):
Got it all right, By the way, amount a doctor
all the way, play one on radio.
Speaker 3 (05:59):
I remember when you they used to give your words
to say so people thought you knew what you were saying.
Speaker 1 (06:05):
You don't have taste, Okay.
Speaker 3 (06:07):
You don't have tastes. And so the greatest taste for
me in all my life was that fine chocolate followed
by that that Chad rare steak right.
Speaker 2 (06:17):
Okay, what's your Okay, Ira, I'm getting hungry. You just
talking about it? What is your question? Ira?
Speaker 3 (06:22):
All foods taste like nothing.
Speaker 2 (06:24):
Okay, that's not a question. Go ahead.
Speaker 3 (06:26):
Well that's a statement.
Speaker 2 (06:28):
Okay, what's your question?
Speaker 3 (06:29):
It's not going to get better after Okamer, the central
nervous system was healed very slowly or not? What is
your question left? I'm left with no taste?
Speaker 2 (06:38):
Okay.
Speaker 3 (06:39):
What's your consult as a result of falling in my hand?
Speaker 4 (06:42):
No?
Speaker 2 (06:42):
I understand that, so Ira, I'm going to give it
one more shot. Okay, what is your question?
Speaker 3 (06:48):
Is there anything since the hospital?
Speaker 2 (06:51):
Okay?
Speaker 3 (06:52):
Because allowing me to fall them bokay?
Speaker 1 (06:55):
No, yes, yes, based on what you said, there does
seem to be liable medical malpractice.
Speaker 2 (07:02):
I don't know how much lack of taste is worth.
Speaker 3 (07:06):
Uh, it's worth everything?
Speaker 1 (07:07):
No, no, no, no, no, talk about legally, Ira, I'm not
talking about legal. I'm talking legally. What the what lack
of taste is worth?
Speaker 2 (07:15):
How old are you?
Speaker 3 (07:15):
Ira, I'm just a kid. I'll be ninety two and
ninety two.
Speaker 2 (07:19):
Well here's their defense.
Speaker 3 (07:22):
Ira, for a couple of years I understand.
Speaker 2 (07:25):
Ira.
Speaker 1 (07:25):
Here's okay, you're ninety when it happened. Here's their defense. Ira,
you're ninety, you've tasted enough.
Speaker 3 (07:31):
You don't need to taste there is, that's what you say.
I disagree with you.
Speaker 2 (07:35):
Okay, Well I'm glad you. I'm glad you're disagreeing with that.
Speaker 1 (07:38):
Yes, you've got that issue going on, lack of taste.
Speaker 2 (07:42):
I don't know what that's worth.
Speaker 1 (07:43):
I don't uh, And it is obviously to you worth everything,
but I don't know what it's worth legally.
Speaker 3 (07:48):
Well, what would it be worth for you, Bill?
Speaker 2 (07:51):
I don't know, you know, I have no idea. I
don't know.
Speaker 3 (07:55):
I don't know what to be worth a million?
Speaker 2 (07:57):
All right, I don't it's not going to be in
the millions of dollars.
Speaker 3 (08:00):
How about your back? How about your back?
Speaker 2 (08:03):
What happened to that? Your back during the fall or
as a result of the fall.
Speaker 3 (08:07):
It's just as bad as it's still okay?
Speaker 2 (08:09):
Does what did it get worse because of it? You
wouldn't know. Yeah, you wouldn't know because you Yeah, because
you're just out of the surgery.
Speaker 1 (08:17):
Well, irit's worth talking to a medical malpractice attorney.
Speaker 2 (08:22):
Yeah, you go to handle on the law dot com
and you'll.
Speaker 1 (08:25):
Ask that's where I want to go because I don't
hand on the law dot com.
Speaker 2 (08:29):
And you'll talk to one of our attorneys.
Speaker 3 (08:31):
And we'll go to mediation and mediate.
Speaker 1 (08:35):
I wouldn't be mediation, maybe mediation, but would probably be arbitration.
Speaker 3 (08:39):
Um.
Speaker 1 (08:42):
I'm curious as to how much lack of taste. And
I understand it's a big deal. I mean, don't don't misunderstand.
I'm not trying to poopoo it.
Speaker 3 (08:50):
But used to go to down south where you live
down in Orange Town. It doesn't pay to go there anymore.
You have no taste.
Speaker 1 (09:00):
It doesn't pa. I couldn't agree with you more. No
taste is not any I wouldn't do yeh money.
Speaker 4 (09:06):
No, this is.
Speaker 2 (09:08):
Handle on the law. Welcome back to handle on the law. Hey, Tammy,
welcome to handle on the law. Thank you, Yeah, Tammy,
go ahead.
Speaker 4 (09:22):
Okay.
Speaker 5 (09:23):
I was at I was shopping at home depot and
one of the associates excuse me, associates was helping me.
So we were walking down one of the paint aisles
and on the way back to the paint section, I
(09:43):
slipped on a very oily substance and I hit the ground.
I did have a pre existing hip problem, and I
fell and hit the ground, and I was so stunned.
I got up real quick because I was so embarrassed.
But I did file an accident report, and I was
(10:08):
walking with one of the associates and he seemed very concerned.
I filled out the paperwork and left, and then they
started calling me, and one of the guy that's been
calling me from Home Depot said, well, how do we
(10:28):
know that it was a Home Depot's fault. We can't
say that we were at fault for that. And I said,
what do you mean? I was shopping at your store,
buying your products with one of your employees, and I'm
sure I was on camera.
Speaker 1 (10:45):
Okay, all right, all right, I got it, I got it.
Just ignore what that employee said. I mean, that is total,
totally irrelevant here. Now, I have some questions when we
talk about how how banged up were you? Did you?
I assume you went to the doctor and what happened
as a result.
Speaker 5 (11:06):
But actually I was already seeing the doctor for my
hip problem.
Speaker 1 (11:10):
Okay, how banged up were you? How banged up were you?
Speaker 5 (11:15):
Both my knees and it did make my hip a
little worse.
Speaker 2 (11:20):
Okay. Are you going to have surgery as a result.
Speaker 5 (11:23):
I just did at the end of December, okay.
Speaker 1 (11:26):
And are you going to have additional surgery or how
much more treatment do you need beyond what would have
happened had this not happened.
Speaker 5 (11:38):
I just finished physical therapy, So as far as one
follow up visit from the surgeon, I don't think anything.
Speaker 1 (11:47):
Okay, So your damages are relatively low, and one of
the defenses we're not talking about liability here.
Speaker 2 (11:54):
That's another issue.
Speaker 1 (11:55):
One of the defenses as to damages, and that is
your physical injury, is that number one was pre existing.
Number two there wasn't really much more going on than
what was going on prior to the fall. You're not
looking at huge exasceration, you're not looking at more surgery,
(12:16):
you're not looking at additional physical therapy.
Speaker 2 (12:19):
So the damages are fairly minimal.
Speaker 1 (12:23):
And then always when there's pre existing that's always a discussion,
I mean always as to how much liability relative to
the pre existing you had. So let's say you have
X damages, they're going to argue we're only responsible for
five percent more, and you're going to say you're responsible
for ninety percent more So, that's always the argument. And
(12:44):
as far as liability is concerned, you slipped on an
oily substance, I'm assuming that it was videoed, and you're
probably right because everything's on video. That doesn't prove there
was an oily subs since there. I don't think when
there was a report written, did that employee who was
(13:06):
walking with you, was there any indication or was there
any written document that he said you slipped on or
she said you slipped on an oily substance.
Speaker 5 (13:18):
Well, he was there and he saw it.
Speaker 1 (13:20):
No, I understand, No, I understand he saw you slip.
I mean you could have just you could be. I'm
not saying you are, and I'm not disbelieving you. What
I'm saying is people slip all the time.
Speaker 2 (13:34):
They are klutzes. I have fallen down.
Speaker 1 (13:36):
I don't care how many times I can tell you
how many times I've fallen down.
Speaker 2 (13:40):
And I'm just a klutz and I fall.
Speaker 1 (13:43):
So the bottom line is there's probably some liability there,
depending on how you can prove it or not. But
you're not damaged enough. You haven't been hurt enough to
do anything about it. No lawyer is going to touch it, Tammy.
Speaker 5 (13:59):
Oh hey, that's what I was getting out.
Speaker 3 (14:01):
Yeah.
Speaker 2 (14:01):
No, no lawyer is going to touch it.
Speaker 1 (14:03):
I mean if you had blown out your back and
you needed back surgery and there were all kinds of problems, yeah,
and they would have argued liability. But unfortunately, from a
lawyer's point of view, you weren't.
Speaker 2 (14:16):
Really banged up enough.
Speaker 1 (14:17):
I mean, I'd love to see you paralyzed, never walk again,
be a complete paralygic would.
Speaker 2 (14:22):
Have helped a lot, but it didn't. Lucky for you.
No lawyer will touch it.
Speaker 1 (14:29):
So they're gonna offer you some money and you can
negotiate just to go away. You can talk to a
PI lawyer and say this is this worth anything?
Speaker 3 (14:37):
Uh?
Speaker 2 (14:37):
And it could be. You know, basically I think it's
nuisance value.
Speaker 1 (14:42):
But sometimes if the lawyer has a history of going
against the store, or the store has just been tagged
big time on a case that's similar, they made more
app to to settle for a decent amount.
Speaker 2 (14:57):
You know, go to handle on the law dot com.
Speaker 1 (15:00):
Personal injury lawyers and there's one that's going to talk
to you and just say I suggested you go and
at least talk because you can't take my word for
anything other than tell you you have absolutely no case,
even when you have the greatest case in the world.
So go to the website handle on the law dot.
Speaker 2 (15:16):
Com and see what happens.
Speaker 1 (15:19):
All right, let me tell you about your business life.
The less your business spends on delivering your product or service,
the more margin you have. Simply the more money you make.
Everything is more expensive these days, go out to lunch.
Costs have gone up on materials and employees and distribution
and borrowing.
Speaker 2 (15:36):
And you can.
Speaker 1 (15:37):
Reduce those costs. You can reduce your headaches with NetSuite
by Oracle. What net suite is is the number one
cloud financial system bringing accounting, financial management inventory. If you
do that, nhr all into one platform. And here's how
you reduce it costs because NetSuite lives in the cloud
and no hardware is required and it can be accessive
(15:59):
from anywhere. So all of your platforms, which is now one,
you don't need hardware for it. You cut the costs
of maintaining multiple systems because again you've got one unified
business management suite and it's so easy to use improve
efficiency bringing in all your business processes all on that
one platform and also manual tasks errors gone. Over thirty
(16:23):
seven thousand companies have made the move. Visit netsuitet dot
com slash handle. That's net sweet sweet as an office
suites netsuitet dot com slash handle.
Speaker 2 (16:33):
This is handle on the Law.
Speaker 6 (16:36):
You're listening to bill handle on demand from KFI AM
six forty.
Speaker 1 (16:43):
This is handle on the Law marginal legal advice where
I tell you you have absolutely no case.
Speaker 2 (16:52):
Frank, Hello, Frank, welcome.
Speaker 4 (16:54):
I'm Frank. I'm the landlord. Okay, and I have an
issue with Mike Tennant where because of repairs that need
to be made in the plumbing, I needed to issue
him a direction instruction to vacate the property. He he's
(17:14):
ignoring the the instruction and I sent him basically already
noticed that he's in breach of the of the lease. Right,
so do I what's the next step a victim? Okay, yeah,
just make them.
Speaker 2 (17:33):
Now, let me ask a couple of questions.
Speaker 1 (17:35):
Okay, are the repairs so extensive that he can't be
there while the repairs are being made?
Speaker 4 (17:42):
Well, it's a two story town home and there was
a plumbing league.
Speaker 2 (17:46):
I'm just asking you.
Speaker 1 (17:47):
The question is are the are the repairs so extensive
that he can't be there while the repairs are being made.
Speaker 4 (17:55):
Okay, it's a two story place. The bottom, the first story,
the kitchen, the living room basically are not usable.
Speaker 2 (18:02):
Okay, I didn't ask you that. I didn't ask you that.
I asked you.
Speaker 1 (18:07):
If you go in and repair the place, do you
physically have to have him out or can he live
in the other corner without a kitchen?
Speaker 4 (18:15):
To me?
Speaker 1 (18:16):
Okay, So with that being said, Okay, okay, now let's
go to the next step.
Speaker 3 (18:21):
All right.
Speaker 2 (18:22):
You tell him the place has to be vacated. He
says no. You tell him this is going to happen.
Speaker 1 (18:27):
There will be no water, there will be no toilets,
there will be you won't have hot water, you won't
be able to use your kitchen.
Speaker 2 (18:34):
Therefore you have to leave.
Speaker 1 (18:37):
And by the way, you've got to put him up
in a hotel while the repairs are being made. Unless
they are so extensive, you're effectively remodeling the place. And
if they say no, you say, okay, you're still going
to pay the rent and you get to live in
two hundred square feet of a twelve hundred square foot property.
Speaker 2 (18:55):
That's fine.
Speaker 1 (18:56):
The point is is that if he elects to stay
and it's not dangerous and you can make the repairs
while he is still there, that's his problem, not yours.
Speaker 4 (19:08):
Well again again I've been trying to get that answer.
But to me, I'm in construction, so I do engineering
in construction.
Speaker 2 (19:15):
Okay, then you a victim.
Speaker 1 (19:16):
Then you just straight out a victim for breach, for
breach of the lease, file file an eviction notice, and
you're gonna be fine if you have all of this
in writing and he ignores it, and you say things like,
this is the second notice, this is a third notice,
this was going to happen, this is the date we're
going to start. You have a right to go in
(19:37):
there as the landlord for exitgen circumstances. If you give
him twenty four hour notice. If he says no, not
anybody in here, that's the eviction. I mean, that day
the eviction notice is given, that's it. You get them out,
and you want those guys out of there.
Speaker 2 (19:52):
If someone's willing to do that to you, why would
you even want them in the apartment. Exactly, Yeah, that's
what you do.
Speaker 1 (19:58):
There is a basis for throwing him out. I mean,
usually the law is always on the tenant side. But
you know, there there is some weasonable accommodations that have
to be made.
Speaker 4 (20:12):
Poon.
Speaker 2 (20:13):
Hello, Poon, welcome.
Speaker 7 (20:14):
Yes, my son passed away unfortunately March.
Speaker 2 (20:17):
Oh, I'm sorry. How old was he?
Speaker 3 (20:19):
A month?
Speaker 7 (20:21):
Only forty seven?
Speaker 2 (20:22):
Oh that's tough. I'm sorry.
Speaker 7 (20:24):
Yeah, thank you sir. Anyway, he went to visit a
friend in Las Vegas in April of this year, had
some chest pains, went to a local er there. They
did some test on him and determined it was probably
acid reflex reflex. They told him, of course, to follow
with his family doctor back here in California, which he
(20:45):
did a month later. They I guess, prescribed him, you know,
as a reflex medicine, and then never sent him to
a cardiologist. No, no, of course, March of this here, while
visiting at home, he suffered a heart attack and despite
the paramedics arriving, passed away.
Speaker 2 (21:09):
All right, yeah, you might, you might. And here are
a couple of questions.
Speaker 1 (21:14):
And I always take the defense's the defense position because
I tell you what you have to fight. So that's
really the argument that I bring up. So did anybody
do an ekg.
Speaker 4 (21:29):
Yes?
Speaker 2 (21:29):
Okay, did anybody do an echo? Cardiogram.
Speaker 7 (21:35):
I'm not sure.
Speaker 1 (21:37):
Okay, So here is the bottom line. You go to
the er, and the er people are probably negligent. You're
going to sue a couple of people here, the er,
people with acid reflux. They're going to claim this is
normal acid reflex. We did not violate or we did
not go against the concept of the normal care. We
(22:01):
met the standards of what normal care is. By the way,
the standards of care are very different in different cities.
The standards of care, for example, at a first world
hospital in Los Angeles, a Cedars Hospital, Cedars of Sinai,
or the various other ones where we're talking world class hospitals,
(22:21):
very different than a clinic in Las Vegas, for example.
All right, so it is so therefore the emergency room
may very well have met the standard of care in
that facility in that area without me naming names. Did
he go to a major hospital for the emergency room for.
Speaker 2 (22:41):
His acid reflux?
Speaker 3 (22:44):
Yes?
Speaker 1 (22:45):
Okay, just between you and me and between us chickens.
The medical care in southern Nevada is absolutely horrific.
Speaker 2 (22:55):
It is absolutely horrible.
Speaker 1 (22:59):
There's a phrase out there, if you're in pain, get
on a plane, and that is not a joke. That
is not a joke. And there there's another one that says,
if if you're really in pain, the best place to
go is terminal three, and you get the hell out
of town. So that and you didn't know that, and
(23:20):
a lot a lot of people do that. You go in,
you go to Las Vegas, you go to emergency's room.
Speaker 2 (23:24):
Something happening.
Speaker 1 (23:24):
Now a month later, he goes to he goes to
an interness. Correct or he goes to another er okay, interness,
and they did an echo. And if the echo shows
no problem and the acid reflux is taken care of,
that it could be just a fluke poon that it
(23:47):
just happens that under certain circumstances, this happens, and there
is no there is no negligence, there is no malpractice.
But poon, the fact that your son died is enough,
certainly enough in terms of legal damages that you talk
(24:07):
to a medical malpractice attorney. And I mean right now,
because that's uh. Again, I don't know if malpractice sits
or not, but man, you you you have to know
whether it is or isn't.
Speaker 2 (24:19):
You can't let this just go past, because if someone
is responsible for your son's death. Uh.
Speaker 1 (24:26):
They they've got to come to the table. I mean
to force them the table. I mean you have to
drag him to the table. And they'll be the defenses
like crazy and they're probably not gonna settle. But if
it's big enough, uh, you know what, go to handle
on the Law dot com. Uh, and you'll talk to
a guy named Mark probably who runs who is overseas
(24:46):
handle on the Law dot Com. He's a personal injury lawyer,
one of the best out there, by the way, and
h he will direct you, uh and give you where
to go because you I want you to have taught
notch uh care or when it comes to medical mail
practice attorney. Okay, Handle on the Law dot Com. A
H boy, that's tough, you know, losing your kid at
(25:07):
forty seven or losing your kid at twenty two. You know,
my daughters are twenty eight and I've been just a
thought of losing them is although it'd be a lot
cheaper frankly for me.
Speaker 2 (25:17):
But you know, I shouldn't have gone there. I really shouldn't.
This is Handle on the Law. Welcome back to Handle
on the Law. Enrique.
Speaker 1 (25:28):
Hello Enrique, Hi, good morning, Yes, sir, Bill, I have
been divorced for six years.
Speaker 8 (25:38):
I'm about to retire. I'm seventy and a half. And
the question is, actually, I do have a court to
try to change the aly money that I give to
my ex wife. Would I need to continue paying after
I retire?
Speaker 7 (25:56):
Well?
Speaker 2 (25:57):
Yeah, hold on, well okay, So here is what you
have to look at. You have to look at two things.
Speaker 1 (26:03):
One, you have to look at the divorce decree itself
that says Enriki will pay his ex wife eighteen hundred.
Speaker 2 (26:11):
Dollars usually per month. Usually in the.
Speaker 1 (26:15):
Vast majority of those decisions, in the vast majority of
the orders that the judges give when retirement hits, that stops,
or it's modified, and something doesn't make any sense that
that order was not given.
Speaker 2 (26:33):
I'm assuming you had a lawyer, right, Enrique during the divorce. Yeah, okay, something.
Speaker 1 (26:38):
You have to look at the divorce decree and that's easy.
If you don't have a copy of it, you can
pull that out. It's a public record. You can go
on the internet and pull it. And you look at
the divorce decree itself, and you look at the provision
that is the alimony provision or spousal support provision, and
you look and it'll tell you right there when it
stops upon retur hirement, it stops or it drops whatever.
Speaker 2 (27:02):
The other thing you can do is you.
Speaker 1 (27:04):
Can open up the case right now because you have
a change of circumstance big time. What is how much
is your income drop between having worked and retiring?
Speaker 2 (27:16):
Give me a percentage?
Speaker 8 (27:21):
Well, it stops completely. I just get social Security?
Speaker 2 (27:25):
Okay? Yeah? That wow?
Speaker 1 (27:30):
Okay, So you have no four to one case, no pension,
none of that.
Speaker 2 (27:34):
All you get is social Security?
Speaker 3 (27:35):
Do I do?
Speaker 2 (27:36):
Okay?
Speaker 1 (27:37):
So with that, your ex is entitled. I don't think
you can be touched with social Security. I think that's yours.
I think you're you know, how do you pay eighteen
hundred dollars a month on Social Security? How much is
your social Security checkup every month?
Speaker 2 (27:51):
Enrique?
Speaker 8 (27:54):
About twenty twenty eight.
Speaker 2 (27:58):
Twenty eight, So you pay her eighteen hundred and that.
Speaker 1 (28:01):
Leaves you one thousand dollars for rent, for food, for transportation.
Speaker 2 (28:07):
And where do you live in? Rique?
Speaker 8 (28:10):
In my house?
Speaker 3 (28:11):
My own?
Speaker 2 (28:12):
Great? Thank you? Yeah, I live in my house too.
What city? What state you live in?
Speaker 8 (28:17):
Murretta, California?
Speaker 1 (28:18):
Okay, so you live Murrietta is out there in the desert,
and you're living in California, which is one of the
most expensive places you can live.
Speaker 2 (28:27):
In Marietta.
Speaker 1 (28:28):
I don't know what the property values are because it's
way out there, but even so, our property taxes are high. Yeah,
you could get that turned around in two seconds. In Rique,
so read the order first of all, and then if
the says and it doesn't make any sense that it says,
it keeps on going at eighteen hundred dollars a month
after retirement. How much did you earn when you were
(28:50):
working in Rique?
Speaker 8 (28:53):
Well right now?
Speaker 1 (28:55):
No, no, not when you're working. What's your salary when
you're working?
Speaker 8 (28:59):
Still working?
Speaker 2 (29:00):
Okay? How much do you earn?
Speaker 8 (29:02):
How much do you earn right now? One thousand a year?
Speaker 1 (29:06):
Okay, So eighteen hundred dollars is not unusual. I mean,
that's not unreasonable. Eighteen hundred dollars out of your Social
Security check of twenty eight hundred dollars. That's unreasonable that
you can get changed around instantly.
Speaker 2 (29:19):
Hey, let me ask you.
Speaker 1 (29:20):
You make one hundred thousand dollars a year and you
have nothing, no savings, nothing.
Speaker 8 (29:24):
No, no, no, I do, I do, I do. I'm sorry,
I do.
Speaker 1 (29:28):
Okay, well, if you earn okay, now, if you earn.
Oh by the way, was that split up during the retirement?
Speaker 2 (29:37):
No? Excuse me?
Speaker 1 (29:37):
When when the divorce decree was issued? Were your savings split?
Speaker 2 (29:41):
Did she get half of it?
Speaker 8 (29:43):
Everything? Even my retirement and whatever you said you don't have.
Speaker 1 (29:48):
You said you don't have a retirement, then you already
have Social Security?
Speaker 2 (29:55):
Is that correct? That's what you said? Is that incorrect?
Speaker 8 (29:58):
Okay? I didn't count that up income, but I do
have a four to oh one K.
Speaker 2 (30:03):
And you're taking money from the four oh one K.
Speaker 8 (30:06):
No, not right now?
Speaker 2 (30:07):
Okay, So it's just.
Speaker 1 (30:08):
Sitting there and she got her half for the four
oh one k? Correct, yes, okay, So let me ask
how much? How Yeah, we're gonna just do some numbers. Now,
how much do you have in your four oh one.
Speaker 8 (30:19):
K all together? Probably about about five hundred.
Speaker 1 (30:27):
Five hundred thousand, Yeah, okay, so let's say five percent. Uh,
that gets you twenty five hundred dollars a month on top.
Speaker 2 (30:36):
Of your Social Security.
Speaker 1 (30:37):
So now you're talking twenty eight hundred plus twenty five hundred.
Now you're in the five six thousand dollars a month range. Uh,
just wondering you know that that has nothing to do
legally because she's already gotten her half.
Speaker 2 (30:52):
So yeah, you're gonna be You're gonna be able to
un revel yours.
Speaker 1 (30:55):
Yeah, and we go back to what I said, look
at the divorce decree and you can always open it
up with a change of circumstance, and retiring is certainly
a change of circumstance. All right, let me tell you
about your bad breath, and man, you have plenty of it,
we all do.
Speaker 2 (31:10):
So let me suggest a way out of it.
Speaker 1 (31:12):
With the Zelman's mint mouthmans, tiny little capsules that you swallow.
First of all, there's mint coded, the coded with mint.
You suck on the mint, then they're gone.
Speaker 2 (31:23):
The mint is gone. Then you swallow or bite into.
Speaker 1 (31:25):
Them and the parsley seed oil and the capsules goes
to work inside the gut.
Speaker 2 (31:28):
And other mint's don't do that.
Speaker 1 (31:30):
And that works on bad breath, and if you have
dry mouth, that helps.
Speaker 2 (31:35):
And also they just make it feel good.
Speaker 1 (31:37):
You know, there's nothing like when you brush your teeth,
for example, we have that fresh feeling we do with hours.
Speaker 2 (31:41):
With Zelman's minte mouthmens, these things really work.
Speaker 1 (31:45):
So let me suggest you get a hold of Zelman's
zelmans dot com z l m i ns dot com
fifteen percent off when you use the code handle at
checkout and take advantage of the fifteen percent Zelman's This
is handle on
Speaker 6 (32:02):
The Law You're listening to Bill Handle on Demand from
kf I A M six forty
Popular Podcasts
24/7 News: The Latest
The latest news in 4 minutes updated every hour, every day.
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.
Dateline NBC
Current and classic episodes, featuring compelling true-crime mysteries, powerful documentaries and in-depth investigations. Follow now to get the latest episodes of Dateline NBC completely free, or subscribe to Dateline Premium for ad-free listening and exclusive bonus content: DatelinePremium.com