Episode Transcript
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Speaker 1 (00:00):
Okay, let's start with my monologue that I do at
the beginning of every hour. This is handle on the law,
marginal legal advice, where I tell you you have absolutely
no case. The ongoing case against Rudy Giuliani. Giuliani, who
(00:20):
was America's mayor. He was a mayor of New York
during the nine to eleven attack and became worldwide. He
became known worldwide about how as to how he handled
the attacks and how New York handled it, because of
course it was a local New York story as well
as an international international story. And prior to that, he
(00:42):
was probably, if not the most successful one and most
successful attorneys general in the United States or US attorney
for the Southern District of New York. And he single
handedly brought down the mafia. I mean, this guy is extraordinary.
And then he became part of the Trump circle and
(01:04):
went completely nuts, just thought of his mind, and so
he tried to undo the election accusations like crazy. And
there was one case in which two women in Georgia,
a mother and a daughter, he outright accused of cheating
and flipping votes to Joe Biden that were votes for
Donald Trump, and election fraud and he.
Speaker 2 (01:27):
Kept on repeating that. Well, they suited him.
Speaker 1 (01:29):
They sued him for defamation because he couldn't come up
with any proof. It was a straight out allegation. So
they got a judgment of one hundred and forty million
dollars for defamation.
Speaker 2 (01:39):
And he kept up on appealing it, and the court said, no, no, no,
you never came up with allegations.
Speaker 1 (01:45):
There was one case I don't know if it was
this one where he was involved, and the judge said,
mister Giuliani, you have simply made allegations.
Speaker 2 (01:54):
Do you have any proof. It's in my hotel room. Okay.
Speaker 1 (01:59):
The judge recessed and came back, and everybody came back,
and he goes, okay, mister Giuliani.
Speaker 2 (02:06):
Let's come up with the proof.
Speaker 1 (02:08):
I can't find him, but I know it's there. Boom,
all right, judgment for the defendant or judgment for the
plaintiff against Giuliani.
Speaker 2 (02:15):
So in any case, So he's.
Speaker 1 (02:17):
Been nailed, he's out of appeals, and now a judge
ordered him that he must turn over his condo in
New York. He must turn over all of the memorabilia
that he has, and he has some big, heavy duty memborabilia,
for example, a jersey signed by Joe DiMaggio. He's got
(02:39):
expensive furniture, He's got a ton of sports memorabilia, including
two rings super Bowl rings, and it just goes on
and on. Giuliani has a week to turn that stuff over,
and if he doesn't, you know, it's gonna happen contempt
of court, and he may end up looking through bars.
(03:01):
And here's the scary part, because I know people that
know people who actually know Giuliani, and so I have
it on. I have the news of people who know
him through inside Baseball, and that is when I ask.
Speaker 2 (03:14):
Is he that crazier? He is crazier than that.
Speaker 1 (03:19):
In fact, through all of this, he's still a true believer.
He thinks all of it was worthwhile. If he ends
up in a dumpster because they took away his law license,
he's been disbarred, and on top of that, he lost
his radio show and his advertisers, and now he is
living on the large ESTs of people who are real
(03:41):
Maga believers who look at him as a hero, and
it's basically it's all gone. Yep, it was worth every
bit of it. David, There you are, David, Welcome the show.
Speaker 3 (03:54):
Thank you, thank you, good morning. My question is I'm
going to be undergoing surgery here in a couple of weeks.
I went on Stay Disability and open up a claim.
I'm allotted to about fourteen dollars a week. My question
to you is, legally I am receiving a pension from
previous occupation. Are they legally able to deduct my pension
(04:15):
money from what my monthly disability counture you should or
payment should be.
Speaker 1 (04:21):
You know, that's a very good question, and I don't
know the answer to that. But if you stay tuned
next week, I'll call in and ask myself that question
and we'll see if we.
Speaker 2 (04:33):
Can get a better answer. Ah, Lisa, Hi, Lisa, welcome.
Speaker 4 (04:40):
Yes, the people that I went from want to sell
the house. They did already and I've been here twenty
seven years, and I was wondering if how long they
would have to give me to move out, and would
they have to help me locate.
Speaker 2 (04:56):
Yeah, First of all, it depends on where you live.
Speaker 1 (05:00):
Certain cities have certain rules that are even stronger than California.
Speaker 2 (05:08):
And so let's start with where you live, all right.
Speaker 4 (05:10):
Lisa, Sun Valley, California.
Speaker 1 (05:13):
Okay, So you're within the city of Los Angeles. By
the fact, the reason I know Sun Valley is in
the San Fernando Valley is I went to school at
Sun Valley Junior High School.
Speaker 2 (05:23):
All right, So the city of Los.
Speaker 1 (05:26):
Angeles is a little stricter in favor of the tenant.
California says that you are going to get depending on
how you live, how long you've lived there. And I
think you can get twenty five hundred dollars for relocation.
Speaker 2 (05:44):
I think that.
Speaker 1 (05:44):
I think that's what California does. It may be stricter
in the city of LA and they have to give
you sixty days. Okay, that's it, sixty days.
Speaker 2 (05:55):
I love you, ohe me too. That's what I want
to hear.
Speaker 1 (05:59):
Usually, Bill, you're a complete ass. You should see the
emails that I get. It used to be where I
would get letters, I mean we're talking, you know, years
and years ago, or and or emails, and then I
would print those out and I had in my office.
When I had an office here at the radio station,
I had a wall of hate filling up an entire wall.
(06:20):
Now I only have a cubicle because that's all anybody has.
Welcome to the new world of work. And this was
a terrific wall of hate and it was, oh, you
should die things, crazy stuff.
Speaker 2 (06:36):
Hitler was right, you have no business being on the radio.
Speaker 1 (06:41):
It was very entertaining, and unfortunately I don't get those
kinds of emails anymore. I don't know why. Maybe people
are just used to me and they I don't know.
It's really depressing. So I welcome those letters because you know,
as lovely as this lady was, come on, isn't that bored?
Speaker 2 (07:00):
I mean, who the hell wants to hear that? For sure?
Speaker 1 (07:04):
Chad, Hello, Chad, welcome, Good morning, Bill.
Speaker 2 (07:07):
Yes, I do for you.
Speaker 5 (07:10):
So this is about my mother in law. She rented
a small apartment attached to the owner's house and in
the contract, first she was asked to evict or you know, move,
and that was fine, but in the clause in the
contract there's a clause for a no fault eviction, which
is what it was. And I sent him the request
(07:33):
for the clause that you get one month free rent
or one month hey, yeah.
Speaker 2 (07:38):
You know, that's kind of interesting.
Speaker 1 (07:39):
So it was a it was a lease that says
at the end of the lease, she leaves and it
will be a no fault eviction if she doesn't leave.
Speaker 2 (07:51):
Is that correct? Or yes? Or she can't go to
court a stipulated judgment? Do I have that right? You
have that correct?
Speaker 1 (07:59):
Ooh, that's interesting because what you're done, what's happened, there
is no at this point, there's no legal situation here.
I don't think they can ask for a stipulated judgment
starting up front. I think there has to be some
kind of court action. Basically, it's you know, why if
(08:22):
she leaves, why would there be a judgment? She's leaving
under the terms of the contract. So the only way
that there could be a judgment is he sues her
and then based on the contract, she can't answer, and
that means that there is a judgment. That's what a
stipulated judgment is. You agree that you can't go further ahead.
(08:45):
But usually that's an agreement. Usually that's after a court
filing has taken place. So the bottom line is how
to avert all of that. He can't get a judgment
if she's left, there's nothing to sue for.
Speaker 2 (09:00):
Does that make sense?
Speaker 5 (09:02):
I guess so. I guess we're looking at it from
my mother in law's point of view, as he never
gave her that free month's rent or that moving expense.
Speaker 1 (09:10):
Well, he has to under law, and she's in there
for more than a year. What he's doing is asking
her to waive it. How old your mom.
Speaker 2 (09:18):
Seventy five?
Speaker 1 (09:19):
Yeah, you can argue that there's an elder issue going
on because there's laws that say older people are treated
differently than people that are under the age. I don't
even know what when it comes in at seventy two
or sixty five or whatever. And so the argument is,
I didn't know what the hell I was signing. I'm old,
I'm decrepit, and you know you're you can't do it.
Speaker 2 (09:40):
So that's what I are.
Speaker 1 (09:41):
I wouldn't worry about the judgment that she agrees to
that she can't answer if there's no lawsuit there.
Speaker 2 (09:51):
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Speaker 1 (09:53):
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Speaker 2 (09:58):
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Speaker 1 (09:59):
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(10:20):
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(10:41):
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Speaker 2 (10:53):
Sure it will.
Speaker 1 (10:54):
Very few businesses are not NetSuite dot com slash handle
net suite as an office suite. NetSuite dot com slash handle.
Speaker 2 (11:04):
Oh here's an interesting one. Stephanie Hi, Stephanie.
Speaker 1 (11:06):
Okay, yeah, go ahead, good morning, Yes, ma'am head.
Speaker 6 (11:11):
Can the statute of limitations be put aside for a
lawyer who is now disbarred he used his license to
steal and in a serial fraud inheritance scheme for over
thirty years.
Speaker 2 (11:28):
Were you hit by this? Yes?
Speaker 6 (11:32):
In nineteen ninety seven, my mother was a widow died,
befriended this ex lawyer became very.
Speaker 7 (11:41):
Close at that time.
Speaker 6 (11:44):
Yes, he had drafted the will trust and he made
donate his gifts to himself and his perpetrators.
Speaker 1 (11:55):
Hmmm, okay, and so what so this happens in nineteen
ninety seven, and so okay, and you're wondering if the
statute of limitations going after the lawyer Civilly from nineteen
ninety seven still applies.
Speaker 6 (12:12):
Yeah, probably judget of limitations is protecting this criminal.
Speaker 1 (12:19):
No I understand, No, no, I understand. And so there's
two issues here. One is one is criminal. Yeah, one
is criminal, and the other one is civil. Okay, both
have a statute of limitations, and the probably the criminal.
Speaker 2 (12:35):
I'm sorry.
Speaker 6 (12:36):
And who's able to move those statute of limitations.
Speaker 2 (12:40):
It would be the judge. It would be the judge
or statutory law or statute.
Speaker 1 (12:45):
For example, in the case of child abuse, the state
of California legislature opened up the statute of limitations for
a period of time where a fifty year old could
go back forty years and file the lawsuit. But that
was a period of time and that took state law
to do that. No judge I think could have done that. So,
(13:06):
if I had to guess, I think the statute is
long gone on both, When did you discover this happened?
Speaker 6 (13:14):
In way around two thousand and.
Speaker 2 (13:20):
Five, I was contacted. Okay, so now you're going back.
Speaker 1 (13:24):
Okay, so you're going back almost twenty years when you
knew this was happening. Yeah, you've the statute is long gone. Yeah,
there's not much you can.
Speaker 2 (13:33):
Do about that.
Speaker 1 (13:34):
And you know, what can I say? You know lawyers
practicing law who don't have licenses.
Speaker 2 (13:40):
I would assume based.
Speaker 1 (13:41):
On that that the lawyer was not only disbarred, but
criminal charges were made against him.
Speaker 2 (13:48):
I can't imagine that wouldn't have happened. Gus, Hi, Gus,
good morning.
Speaker 7 (13:54):
Yes, I have just a quick question. Was my son
is renting a candle. There was a accidental fire at
the candle.
Speaker 2 (14:05):
UH.
Speaker 7 (14:05):
He filed a claim with his insurance company. The insurance
company has since paid UH directly the money directly to
the h o A for the amount of the claim
they enter into. The HU enter into a contract with
a contract to the third party. They have finished the
repairs and the for the damages, but the h o
A has only paid them one third of the money,
(14:28):
claiming that they don't have the rest of the money.
Speaker 2 (14:31):
Even though they received all of the money.
Speaker 7 (14:33):
Yes, okay, they have received the money and repreved because
you know they check this version. My question, my question
is uh, and of course the contractor has now turned
over the account into collections because they refuse to pay.
My question is, can the contractor, the h o A
now uh, based on and you know, whatever long it takes,
(14:56):
go after the owner of the candle and my son
as the renter, are you know?
Speaker 1 (15:01):
No? Because no, no, because the uh the owner uh
does he is? The owner is not responsible for the repair.
It's the h o A that is responsible for the
ap pair repair and the h o A got paid
for the repair.
Speaker 2 (15:17):
Uh So if the.
Speaker 1 (15:19):
And I'm assuming if the h o A filed the
claim and the insurance company pay the h o A, uh,
it was a common area issue. Uh, it wasn't a
personal issue within the condo where uh the renter was
not nailed for any negligence.
Speaker 2 (15:34):
Correct, that is correct?
Speaker 1 (15:36):
Okay, Yeah, here's here's what's going on. First of all,
the h o A is not doing what's supposed to
be doing. And uh, I think there's personal liability on
behalf of whoever made that decision to keep the money, Okay,
and that's the board and that is a big problem.
That's violation of state law right there. And so uh,
you have to let the all the other members of
(16:00):
the HOA should write a letter saying here, here's what happened, guys.
I'm assuming they all know. And you, Renter, I think
has a lawsuit against the h o A because you
are a beneficiary basically of the repair that has to
be done. So it's a you're a third party beneficiary.
I don't know if that's a legal term, but yeah, yeah,
(16:21):
I think you got an HOA that's screwing.
Speaker 2 (16:23):
All of you, is what you have. Yeah, exactly.
Speaker 7 (16:26):
Another question is why would you think the h o
A would be claiming now that they don't have the
money when the money Well.
Speaker 2 (16:32):
Because they took the money and spend it something. Yeah,
it's easy. They took the money and spend it someplace else.
That's all, ok.
Speaker 1 (16:38):
Now, that's what they do unless someone has stolen that money,
which has happened. Because the h o A, the members
of the board control all the finances. Now, there are
certain rules that apply to them and they can. There's
there's a duty of fiduciary duty they have to the
h o A. Ord members have a duty to the
(17:02):
rest of you. Members of the HOA to appropriately disperse funds,
can collect, can put in special assessments, They can do
virtually virtually anything.
Speaker 2 (17:15):
But I'll tell you what they can't do. Right. They
can't steal the money that goes in.
Speaker 1 (17:19):
They can't take insurance proceeds to repair part of the
buildings and say we don't have the money because when
someplace else that they can't do.
Speaker 2 (17:31):
So you want to look at maybe the rest how
many members are in the HOA. How many units?
Speaker 7 (17:37):
I don't know they are. I don't they own several
the condo in particular where my son rings is that.
I think they have like forty units.
Speaker 1 (17:48):
Okay, you have to okay, the owner is not the
ho A. Well wait a second, the owner there is
no ho A. If there's a single owner, all the
units have to be owned separately.
Speaker 2 (18:00):
Noah, yeah, okay, so there's no owner.
Speaker 1 (18:02):
Okay, So you have forty units that are owned either
rented out or owned by the individuals and they have
they can go after the board and they should go
after the board. I mean, I was a member of
an HOA and it was it was about they didn't
(18:23):
steal any money, but man, they.
Speaker 2 (18:25):
Didn't pay bills.
Speaker 1 (18:26):
And we got a special assessment to pay the bills
for a year and we had to kick out the board.
And it was a mess and it costs big, big money,
which is one of the reasons I sold my house
and I moved into a new place that has a
well run HOA, which is a joy.
Speaker 2 (18:45):
Nick, you're up. Welcome to the show, all right, Nick, Hey,
what's that bill?
Speaker 8 (18:51):
So I moved into an apartment but in early June,
their conditioning didn't work when I first got there. They
tried to remedy it like three or four times. Wasn't
working consistently for over three months. They never brought in
a profession or anything like that. And we went through
that big heatwave in that time period. I got two
(19:11):
kids and a dog that couldn't cook in my house.
The whole thing.
Speaker 1 (19:14):
Wow.
Speaker 8 (19:14):
They gave me two options. Yeah, they gave me two options.
They said, either move it, move to another unit which
was sub part of mine or not not equivalent.
Speaker 5 (19:23):
Or.
Speaker 8 (19:25):
Uh, they would let me out of my lease scott free.
But they were offering moving assistance.
Speaker 2 (19:30):
They were say they weren't offering moving assistance. Is that correct?
Or they were not correct?
Speaker 1 (19:35):
They were Okay, a couple of questions. Number one, did
the dog die? Don't care about the kids? You know,
I don't give it.
Speaker 2 (19:41):
An they died. But did the dog die?
Speaker 1 (19:44):
No, Okay, so that's helpful.
Speaker 2 (19:47):
Yeah, I mean they're in breach.
Speaker 1 (19:48):
They're in breach of the lease from the moment in
the moment it stopped working.
Speaker 2 (19:53):
It's not a habitability issue.
Speaker 1 (19:55):
But in the case of the heat wave that we had,
which was just brutal, I mean brutal. Yeah, So you
got a couple of choices here, but keep in mind that.
Speaker 2 (20:08):
Any one of these.
Speaker 1 (20:09):
Is going to destroy your relationship with your landlord except
moving out. And I think you are entitled to relocation
money based on the fact that they're letting you out.
Well maybe not legally, but I think in the case
of a lawsuit, a judge would give it to you.
So how big a deal is it to repair the.
Speaker 8 (20:29):
They were telling me they gave me this off because like, oh,
it's obviously uninhabitable, so we can't get the part we
need for like four weeks or something. I got so
because they didn't offer me any moving assistance, I was
unable to move.
Speaker 1 (20:41):
Yeah, right, So how much would it cost to fix it?
Speaker 3 (20:48):
It got fit?
Speaker 8 (20:48):
They finally got the party.
Speaker 2 (20:49):
Okay, okay, So let me ask you this.
Speaker 1 (20:52):
I had that same situation going when for a period
of time because I was between places, I sold my
house and then remodeling the new one, and so I
had to get an apartment for a small period of
time and the air conditioning didn't work, and I raised
all kinds of hell.
Speaker 2 (21:11):
They brought in portable air conditioners.
Speaker 1 (21:15):
Temporary portable air conditioners they brought in Otherwise, I said, otherwise,
I'm going to assue you. And I happen to be
a lawyer, and thank goodness, they don't listen to the show,
so they don't know the quality of lawyer I am.
Speaker 2 (21:27):
And so you know, you could have made that demand.
But now it is, you have it, it's already been fixed.
Speaker 1 (21:35):
I think the only answer now is if you want
to stay there is file a small claimsuit and argue, yeah.
Speaker 2 (21:43):
Well you know what.
Speaker 1 (21:44):
I don't know, but I would go for the full
ten thousand dollars that you're allowed to under the law.
Speaker 2 (21:52):
And see what the judge says.
Speaker 1 (21:54):
And if I'm the judge, I'm going to look at
you and go three months without air conditioning during that heat.
Speaker 2 (22:01):
Are you kidding? Now?
Speaker 1 (22:02):
Here's the defense. There were no parts, you're honor. We
ordered the part. There was nothing we could do other
than spend.
Speaker 8 (22:13):
To figure out what the problem was.
Speaker 1 (22:14):
Okay, okay, so fair enough. That is their responsibility. I
would go ahead and file a small claim suit, ask
for the full amount, argue that it's worth ten thousand
dollars because your kids or your you know, your dog
was suffering panting and hair fell out or whatever, and
the kids were suffering and they were demented or whatever.
(22:37):
I mean, just throw in everything you possibly can see
what happens.
Speaker 2 (22:40):
Now. Are you gonna win something? Yeah? I think you are. However,
now you have a landlord that's really pissed off at you,
so you.
Speaker 1 (22:48):
Have to take that into account too. The joys of
renting are delightful, and I'm right there.
Speaker 2 (22:55):
It happens. Fernando, Hello, Fernando.
Speaker 1 (23:00):
BI, Yes, all right, this is not good.
Speaker 2 (23:04):
Frnando. You're on a speaker phone and this is not pleasant.
Speaker 8 (23:08):
Okay, let me take you often.
Speaker 2 (23:10):
Okay, thank you, can you hear me know? I can?
Speaker 3 (23:15):
Okay, Bill, I have a question regarding.
Speaker 2 (23:19):
List pending a list pendance, list pendance l I S
p E N d E S list pendence.
Speaker 1 (23:26):
Okay, all right, so what's the question?
Speaker 2 (23:29):
What happened?
Speaker 8 (23:30):
Okay? Okay.
Speaker 5 (23:32):
I purchased a property a year ago.
Speaker 2 (23:34):
I purchased sellers finance.
Speaker 7 (23:37):
I just received the list pending notice, but it doesn't
not name me as a respondent in thanks the previous owner,
which is who?
Speaker 1 (23:45):
Yeah, the previous owner doesn't doesn't own the property? Correct,
wor's title.
Speaker 2 (23:51):
I'm on the title. Yes, okay, you own the property
as title. So what are they doing?
Speaker 1 (23:55):
Why are they putting your property up with any dispute
they have with anybody?
Speaker 8 (24:01):
That's what I'm trying to think.
Speaker 2 (24:02):
That's a good that's a good question.
Speaker 1 (24:04):
At this point, you file emotion to dismiss the list pendants,
and the judge will give it to you, because there's
no way that a non property owner or someone that's
not in dispute with the property owner and it has
to do with the property itself. For example, let's say
(24:24):
I'm suing you and you own the property, and I'm
suing you for a breach because there was a business
issue going on. I can't cloud up, but I can't
cloud your title. I can't put your house at risk.
I just can't do it. A lot doesn't allow it
until after a judgment. But that's that's a different story.
Speaker 2 (24:40):
What you have is you have to get an order
on this one.
Speaker 1 (24:47):
If he's still on the title, he's not going to
do a list pendance on his own because that ties
up his ability to sell.
Speaker 3 (24:56):
No.
Speaker 7 (24:56):
I mean, he is his spouse, from what I know,
is a petitioner.
Speaker 1 (25:01):
And that doesn't it doesn't matter. It doesn't know. It
doesn't work that way. If there is if your cloud
or cloud has been if there's a cloud on your title,
which means that you don't own the place free and
clear without any people filing claims et cetera on the
property and they have no basis, which is the case,
(25:23):
they have no basis to do that. Then you file
emotion and they're getting hit with attorney's fievees. You got
to get a lawyer in this one.
Speaker 7 (25:30):
Uh.
Speaker 2 (25:30):
Yeah, that's just that's just the way it works.
Speaker 1 (25:32):
It can't just arbitrarily say I'm gonna throw a lawsuit
on your property and tie it up so you can
never sell it.
Speaker 2 (25:39):
Now, you heard about bad breath last spot. You heard
me talking about Zelman's Minty Mouthmens.
Speaker 1 (25:45):
And there is a world to that because you know,
people suffer from bad breath, especially the people that are
smelling your breath.
Speaker 2 (25:54):
And so let me suggest Zelman's Minty Mouthmens. And here's why.
First of all, it's far more than a mint.
Speaker 1 (26:00):
It's clearly a mint because there's mint on the outside
of this little capsule. But when the mint has been finished,
you sucked the mint off the capsule. You then swallow
it or bite into it, and then it goes into
your gut. And people have to understand that bad breath
emanates from your gut a lot of the time, especially
garlic and onions, which I love, and Zelmans has been
(26:22):
tested clinically.
Speaker 2 (26:23):
Against garlic and onions.
Speaker 1 (26:26):
And then when that is done, I mean, you're basically
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Okay, let's start with my monologue that I do at
the beginning of every hour. This is handle on the law,
marginal legal advice, where I tell you you have absolutely
no case. The ongoing case against Rudy Giuliani. Giuliani, who
(00:20):
was America's mayor. He was a mayor of New York
during the nine to eleven attack and became worldwide. He
became known worldwide about how as to how he handled
the attacks and how New York handled it, because of
course it was a local New York story as well
as an international international story. And prior to that, he
(00:42):
was probably, if not the most successful one and most
successful attorneys general in the United States or US attorney
for the Southern District of New York. And he single
handedly brought down the mafia. I mean, this guy is extraordinary.
And then he became part of the Trump circle and
(01:04):
went completely nuts, just thought of his mind, and so
he tried to undo the election accusations like crazy. And
there was one case in which two women in Georgia,
a mother and a daughter, he outright accused of cheating
and flipping votes to Joe Biden that were votes for
Donald Trump, and election fraud and he.
Speaker 2 (01:27):
Kept on repeating that. Well, they suited him.
Speaker 1 (01:29):
They sued him for defamation because he couldn't come up
with any proof. It was a straight out allegation. So
they got a judgment of one hundred and forty million
dollars for defamation.
Speaker 2 (01:39):
And he kept up on appealing it, and the court said, no, no, no,
you never came up with allegations.
Speaker 1 (01:45):
There was one case I don't know if it was
this one where he was involved, and the judge said,
mister Giuliani, you have simply made allegations.
Speaker 2 (01:54):
Do you have any proof. It's in my hotel room. Okay.
Speaker 1 (01:59):
The judge recessed and came back, and everybody came back,
and he goes, okay, mister Giuliani.
Speaker 2 (02:06):
Let's come up with the proof.
Speaker 1 (02:08):
I can't find him, but I know it's there. Boom,
all right, judgment for the defendant or judgment for the
plaintiff against Giuliani.
Speaker 2 (02:15):
So in any case, So he's.
Speaker 1 (02:17):
Been nailed, he's out of appeals, and now a judge
ordered him that he must turn over his condo in
New York. He must turn over all of the memorabilia
that he has, and he has some big, heavy duty memborabilia,
for example, a jersey signed by Joe DiMaggio. He's got
(02:39):
expensive furniture, He's got a ton of sports memorabilia, including
two rings super Bowl rings, and it just goes on
and on. Giuliani has a week to turn that stuff over,
and if he doesn't, you know, it's gonna happen contempt
of court, and he may end up looking through bars.
(03:01):
And here's the scary part, because I know people that
know people who actually know Giuliani, and so I have
it on. I have the news of people who know
him through inside Baseball, and that is when I ask.
Speaker 2 (03:14):
Is he that crazier? He is crazier than that.
Speaker 1 (03:19):
In fact, through all of this, he's still a true believer.
He thinks all of it was worthwhile. If he ends
up in a dumpster because they took away his law license,
he's been disbarred, and on top of that, he lost
his radio show and his advertisers, and now he is
living on the large ESTs of people who are real
(03:41):
Maga believers who look at him as a hero, and
it's basically it's all gone. Yep, it was worth every
bit of it. David, There you are, David, Welcome the show.
Speaker 3 (03:54):
Thank you, thank you, good morning. My question is I'm
going to be undergoing surgery here in a couple of weeks.
I went on Stay Disability and open up a claim.
I'm allotted to about fourteen dollars a week. My question
to you is, legally I am receiving a pension from
previous occupation. Are they legally able to deduct my pension
(04:15):
money from what my monthly disability counture you should or
payment should be.
Speaker 1 (04:21):
You know, that's a very good question, and I don't
know the answer to that. But if you stay tuned
next week, I'll call in and ask myself that question
and we'll see if we.
Speaker 2 (04:33):
Can get a better answer. Ah, Lisa, Hi, Lisa, welcome.
Speaker 4 (04:40):
Yes, the people that I went from want to sell
the house. They did already and I've been here twenty
seven years, and I was wondering if how long they
would have to give me to move out, and would
they have to help me locate.
Speaker 2 (04:56):
Yeah, First of all, it depends on where you live.
Speaker 1 (05:00):
Certain cities have certain rules that are even stronger than California.
Speaker 2 (05:08):
And so let's start with where you live, all right.
Speaker 4 (05:10):
Lisa, Sun Valley, California.
Speaker 1 (05:13):
Okay, So you're within the city of Los Angeles. By
the fact, the reason I know Sun Valley is in
the San Fernando Valley is I went to school at
Sun Valley Junior High School.
Speaker 2 (05:23):
All right, So the city of Los.
Speaker 1 (05:26):
Angeles is a little stricter in favor of the tenant.
California says that you are going to get depending on
how you live, how long you've lived there. And I
think you can get twenty five hundred dollars for relocation.
Speaker 2 (05:44):
I think that.
Speaker 1 (05:44):
I think that's what California does. It may be stricter
in the city of LA and they have to give
you sixty days. Okay, that's it, sixty days.
Speaker 2 (05:55):
I love you, ohe me too. That's what I want
to hear.
Speaker 1 (05:59):
Usually, Bill, you're a complete ass. You should see the
emails that I get. It used to be where I
would get letters, I mean we're talking, you know, years
and years ago, or and or emails, and then I
would print those out and I had in my office.
When I had an office here at the radio station,
I had a wall of hate filling up an entire wall.
(06:20):
Now I only have a cubicle because that's all anybody has.
Welcome to the new world of work. And this was
a terrific wall of hate and it was, oh, you
should die things, crazy stuff.
Speaker 2 (06:36):
Hitler was right, you have no business being on the radio.
Speaker 1 (06:41):
It was very entertaining, and unfortunately I don't get those
kinds of emails anymore. I don't know why. Maybe people
are just used to me and they I don't know.
It's really depressing. So I welcome those letters because you know,
as lovely as this lady was, come on, isn't that bored?
Speaker 2 (07:00):
I mean, who the hell wants to hear that? For sure?
Speaker 1 (07:04):
Chad, Hello, Chad, welcome, Good morning, Bill.
Speaker 2 (07:07):
Yes, I do for you.
Speaker 5 (07:10):
So this is about my mother in law. She rented
a small apartment attached to the owner's house and in
the contract, first she was asked to evict or you know, move,
and that was fine, but in the clause in the
contract there's a clause for a no fault eviction, which
is what it was. And I sent him the request
(07:33):
for the clause that you get one month free rent
or one month hey, yeah.
Speaker 2 (07:38):
You know, that's kind of interesting.
Speaker 1 (07:39):
So it was a it was a lease that says
at the end of the lease, she leaves and it
will be a no fault eviction if she doesn't leave.
Speaker 2 (07:51):
Is that correct? Or yes? Or she can't go to
court a stipulated judgment? Do I have that right? You
have that correct?
Speaker 1 (07:59):
Ooh, that's interesting because what you're done, what's happened, there
is no at this point, there's no legal situation here.
I don't think they can ask for a stipulated judgment
starting up front. I think there has to be some
kind of court action. Basically, it's you know, why if
(08:22):
she leaves, why would there be a judgment? She's leaving
under the terms of the contract. So the only way
that there could be a judgment is he sues her
and then based on the contract, she can't answer, and
that means that there is a judgment. That's what a
stipulated judgment is. You agree that you can't go further ahead.
(08:45):
But usually that's an agreement. Usually that's after a court
filing has taken place. So the bottom line is how
to avert all of that. He can't get a judgment
if she's left, there's nothing to sue for.
Speaker 2 (09:00):
Does that make sense?
Speaker 5 (09:02):
I guess so. I guess we're looking at it from
my mother in law's point of view, as he never
gave her that free month's rent or that moving expense.
Speaker 1 (09:10):
Well, he has to under law, and she's in there
for more than a year. What he's doing is asking
her to waive it. How old your mom.
Speaker 2 (09:18):
Seventy five?
Speaker 1 (09:19):
Yeah, you can argue that there's an elder issue going
on because there's laws that say older people are treated
differently than people that are under the age. I don't
even know what when it comes in at seventy two
or sixty five or whatever. And so the argument is,
I didn't know what the hell I was signing. I'm old,
I'm decrepit, and you know you're you can't do it.
Speaker 2 (09:40):
So that's what I are.
Speaker 1 (09:41):
I wouldn't worry about the judgment that she agrees to
that she can't answer if there's no lawsuit there.
Speaker 2 (09:51):
Now, let me tell you about NetSuite.
Speaker 1 (09:53):
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the more margin you're going.
Speaker 2 (09:58):
To have and the more money you keep.
Speaker 1 (09:59):
That's not very complicated, and everything is more expensive these days.
Go to a restaurant, costs have gone up on materials, employees, distribution, borrowing.
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(10:20):
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you don't have now slashing any manual task any errors.
(10:41):
By the way, thirty seven thousand companies have made this move.
So let me suggest going to NetSuite dot com slash
handle and of course that's free to see if your
business is going to be helped by NetSuite, and I am.
Speaker 2 (10:53):
Sure it will.
Speaker 1 (10:54):
Very few businesses are not NetSuite dot com slash handle
net suite as an office suite. NetSuite dot com slash handle.
Speaker 2 (11:04):
Oh here's an interesting one. Stephanie Hi, Stephanie.
Speaker 1 (11:06):
Okay, yeah, go ahead, good morning, Yes, ma'am head.
Speaker 6 (11:11):
Can the statute of limitations be put aside for a
lawyer who is now disbarred he used his license to
steal and in a serial fraud inheritance scheme for over
thirty years.
Speaker 2 (11:28):
Were you hit by this? Yes?
Speaker 6 (11:32):
In nineteen ninety seven, my mother was a widow died,
befriended this ex lawyer became very.
Speaker 7 (11:41):
Close at that time.
Speaker 6 (11:44):
Yes, he had drafted the will trust and he made
donate his gifts to himself and his perpetrators.
Speaker 1 (11:55):
Hmmm, okay, and so what so this happens in nineteen
ninety seven, and so okay, and you're wondering if the
statute of limitations going after the lawyer Civilly from nineteen
ninety seven still applies.
Speaker 6 (12:12):
Yeah, probably judget of limitations is protecting this criminal.
Speaker 1 (12:19):
No I understand, No, no, I understand. And so there's
two issues here. One is one is criminal. Yeah, one
is criminal, and the other one is civil. Okay, both
have a statute of limitations, and the probably the criminal.
Speaker 2 (12:35):
I'm sorry.
Speaker 6 (12:36):
And who's able to move those statute of limitations.
Speaker 2 (12:40):
It would be the judge. It would be the judge
or statutory law or statute.
Speaker 1 (12:45):
For example, in the case of child abuse, the state
of California legislature opened up the statute of limitations for
a period of time where a fifty year old could
go back forty years and file the lawsuit. But that
was a period of time and that took state law
to do that. No judge I think could have done that. So,
(13:06):
if I had to guess, I think the statute is
long gone on both, When did you discover this happened?
Speaker 6 (13:14):
In way around two thousand and.
Speaker 2 (13:20):
Five, I was contacted. Okay, so now you're going back.
Speaker 1 (13:24):
Okay, so you're going back almost twenty years when you
knew this was happening. Yeah, you've the statute is long gone. Yeah,
there's not much you can.
Speaker 2 (13:33):
Do about that.
Speaker 1 (13:34):
And you know, what can I say? You know lawyers
practicing law who don't have licenses.
Speaker 2 (13:40):
I would assume based.
Speaker 1 (13:41):
On that that the lawyer was not only disbarred, but
criminal charges were made against him.
Speaker 2 (13:48):
I can't imagine that wouldn't have happened. Gus, Hi, Gus,
good morning.
Speaker 7 (13:54):
Yes, I have just a quick question. Was my son
is renting a candle. There was a accidental fire at
the candle.
Speaker 2 (14:05):
UH.
Speaker 7 (14:05):
He filed a claim with his insurance company. The insurance
company has since paid UH directly the money directly to
the h o A for the amount of the claim
they enter into. The HU enter into a contract with
a contract to the third party. They have finished the
repairs and the for the damages, but the h o
A has only paid them one third of the money,
(14:28):
claiming that they don't have the rest of the money.
Speaker 2 (14:31):
Even though they received all of the money.
Speaker 7 (14:33):
Yes, okay, they have received the money and repreved because
you know they check this version. My question, my question
is uh, and of course the contractor has now turned
over the account into collections because they refuse to pay.
My question is, can the contractor, the h o A
now uh, based on and you know, whatever long it takes,
(14:56):
go after the owner of the candle and my son
as the renter, are you know?
Speaker 1 (15:01):
No? Because no, no, because the uh the owner uh
does he is? The owner is not responsible for the repair.
It's the h o A that is responsible for the
ap pair repair and the h o A got paid
for the repair.
Speaker 2 (15:17):
Uh So if the.
Speaker 1 (15:19):
And I'm assuming if the h o A filed the
claim and the insurance company pay the h o A, uh,
it was a common area issue. Uh, it wasn't a
personal issue within the condo where uh the renter was
not nailed for any negligence.
Speaker 2 (15:34):
Correct, that is correct?
Speaker 1 (15:36):
Okay, Yeah, here's here's what's going on. First of all,
the h o A is not doing what's supposed to
be doing. And uh, I think there's personal liability on
behalf of whoever made that decision to keep the money, Okay,
and that's the board and that is a big problem.
That's violation of state law right there. And so uh,
you have to let the all the other members of
(16:00):
the HOA should write a letter saying here, here's what happened, guys.
I'm assuming they all know. And you, Renter, I think
has a lawsuit against the h o A because you
are a beneficiary basically of the repair that has to
be done. So it's a you're a third party beneficiary.
I don't know if that's a legal term, but yeah, yeah,
(16:21):
I think you got an HOA that's screwing.
Speaker 2 (16:23):
All of you, is what you have. Yeah, exactly.
Speaker 7 (16:26):
Another question is why would you think the h o
A would be claiming now that they don't have the
money when the money Well.
Speaker 2 (16:32):
Because they took the money and spend it something. Yeah,
it's easy. They took the money and spend it someplace else.
That's all, ok.
Speaker 1 (16:38):
Now, that's what they do unless someone has stolen that money,
which has happened. Because the h o A, the members
of the board control all the finances. Now, there are
certain rules that apply to them and they can. There's
there's a duty of fiduciary duty they have to the
h o A. Ord members have a duty to the
(17:02):
rest of you. Members of the HOA to appropriately disperse funds,
can collect, can put in special assessments, They can do
virtually virtually anything.
Speaker 2 (17:15):
But I'll tell you what they can't do. Right. They
can't steal the money that goes in.
Speaker 1 (17:19):
They can't take insurance proceeds to repair part of the
buildings and say we don't have the money because when
someplace else that they can't do.
Speaker 2 (17:31):
So you want to look at maybe the rest how
many members are in the HOA. How many units?
Speaker 7 (17:37):
I don't know they are. I don't they own several
the condo in particular where my son rings is that.
I think they have like forty units.
Speaker 1 (17:48):
Okay, you have to okay, the owner is not the
ho A. Well wait a second, the owner there is
no ho A. If there's a single owner, all the
units have to be owned separately.
Speaker 2 (18:00):
Noah, yeah, okay, so there's no owner.
Speaker 1 (18:02):
Okay, So you have forty units that are owned either
rented out or owned by the individuals and they have
they can go after the board and they should go
after the board. I mean, I was a member of
an HOA and it was it was about they didn't
(18:23):
steal any money, but man, they.
Speaker 2 (18:25):
Didn't pay bills.
Speaker 1 (18:26):
And we got a special assessment to pay the bills
for a year and we had to kick out the board.
And it was a mess and it costs big, big money,
which is one of the reasons I sold my house
and I moved into a new place that has a
well run HOA, which is a joy.
Speaker 2 (18:45):
Nick, you're up. Welcome to the show, all right, Nick, Hey,
what's that bill?
Speaker 8 (18:51):
So I moved into an apartment but in early June,
their conditioning didn't work when I first got there. They
tried to remedy it like three or four times. Wasn't
working consistently for over three months. They never brought in
a profession or anything like that. And we went through
that big heatwave in that time period. I got two
(19:11):
kids and a dog that couldn't cook in my house.
The whole thing.
Speaker 1 (19:14):
Wow.
Speaker 8 (19:14):
They gave me two options. Yeah, they gave me two options.
They said, either move it, move to another unit which
was sub part of mine or not not equivalent.
Speaker 5 (19:23):
Or.
Speaker 8 (19:25):
Uh, they would let me out of my lease scott free.
But they were offering moving assistance.
Speaker 2 (19:30):
They were say they weren't offering moving assistance. Is that correct?
Or they were not correct?
Speaker 1 (19:35):
They were Okay, a couple of questions. Number one, did
the dog die? Don't care about the kids? You know,
I don't give it.
Speaker 2 (19:41):
An they died. But did the dog die?
Speaker 1 (19:44):
No, Okay, so that's helpful.
Speaker 2 (19:47):
Yeah, I mean they're in breach.
Speaker 1 (19:48):
They're in breach of the lease from the moment in
the moment it stopped working.
Speaker 2 (19:53):
It's not a habitability issue.
Speaker 1 (19:55):
But in the case of the heat wave that we had,
which was just brutal, I mean brutal. Yeah, So you
got a couple of choices here, but keep in mind that.
Speaker 2 (20:08):
Any one of these.
Speaker 1 (20:09):
Is going to destroy your relationship with your landlord except
moving out. And I think you are entitled to relocation
money based on the fact that they're letting you out.
Well maybe not legally, but I think in the case
of a lawsuit, a judge would give it to you.
So how big a deal is it to repair the.
Speaker 8 (20:29):
They were telling me they gave me this off because like, oh,
it's obviously uninhabitable, so we can't get the part we
need for like four weeks or something. I got so
because they didn't offer me any moving assistance, I was
unable to move.
Speaker 1 (20:41):
Yeah, right, So how much would it cost to fix it?
Speaker 3 (20:48):
It got fit?
Speaker 8 (20:48):
They finally got the party.
Speaker 2 (20:49):
Okay, okay, So let me ask you this.
Speaker 1 (20:52):
I had that same situation going when for a period
of time because I was between places, I sold my
house and then remodeling the new one, and so I
had to get an apartment for a small period of
time and the air conditioning didn't work, and I raised
all kinds of hell.
Speaker 2 (21:11):
They brought in portable air conditioners.
Speaker 1 (21:15):
Temporary portable air conditioners they brought in Otherwise, I said, otherwise,
I'm going to assue you. And I happen to be
a lawyer, and thank goodness, they don't listen to the show,
so they don't know the quality of lawyer I am.
Speaker 2 (21:27):
And so you know, you could have made that demand.
But now it is, you have it, it's already been fixed.
Speaker 1 (21:35):
I think the only answer now is if you want
to stay there is file a small claimsuit and argue, yeah.
Speaker 2 (21:43):
Well you know what.
Speaker 1 (21:44):
I don't know, but I would go for the full
ten thousand dollars that you're allowed to under the law.
Speaker 2 (21:52):
And see what the judge says.
Speaker 1 (21:54):
And if I'm the judge, I'm going to look at
you and go three months without air conditioning during that heat.
Speaker 2 (22:01):
Are you kidding? Now?
Speaker 1 (22:02):
Here's the defense. There were no parts, you're honor. We
ordered the part. There was nothing we could do other
than spend.
Speaker 8 (22:13):
To figure out what the problem was.
Speaker 1 (22:14):
Okay, okay, so fair enough. That is their responsibility. I
would go ahead and file a small claim suit, ask
for the full amount, argue that it's worth ten thousand
dollars because your kids or your you know, your dog
was suffering panting and hair fell out or whatever, and
the kids were suffering and they were demented or whatever.
(22:37):
I mean, just throw in everything you possibly can see
what happens.
Speaker 2 (22:40):
Now. Are you gonna win something? Yeah? I think you are. However,
now you have a landlord that's really pissed off at you,
so you.
Speaker 1 (22:48):
Have to take that into account too. The joys of
renting are delightful, and I'm right there.
Speaker 2 (22:55):
It happens. Fernando, Hello, Fernando.
Speaker 1 (23:00):
BI, Yes, all right, this is not good.
Speaker 2 (23:04):
Frnando. You're on a speaker phone and this is not pleasant.
Speaker 8 (23:08):
Okay, let me take you often.
Speaker 2 (23:10):
Okay, thank you, can you hear me know? I can?
Speaker 3 (23:15):
Okay, Bill, I have a question regarding.
Speaker 2 (23:19):
List pending a list pendance, list pendance l I S
p E N d E S list pendence.
Speaker 1 (23:26):
Okay, all right, so what's the question?
Speaker 2 (23:29):
What happened?
Speaker 8 (23:30):
Okay? Okay.
Speaker 5 (23:32):
I purchased a property a year ago.
Speaker 2 (23:34):
I purchased sellers finance.
Speaker 7 (23:37):
I just received the list pending notice, but it doesn't
not name me as a respondent in thanks the previous owner,
which is who?
Speaker 1 (23:45):
Yeah, the previous owner doesn't doesn't own the property? Correct,
wor's title.
Speaker 2 (23:51):
I'm on the title. Yes, okay, you own the property
as title. So what are they doing?
Speaker 1 (23:55):
Why are they putting your property up with any dispute
they have with anybody?
Speaker 8 (24:01):
That's what I'm trying to think.
Speaker 2 (24:02):
That's a good that's a good question.
Speaker 1 (24:04):
At this point, you file emotion to dismiss the list pendants,
and the judge will give it to you, because there's
no way that a non property owner or someone that's
not in dispute with the property owner and it has
to do with the property itself. For example, let's say
(24:24):
I'm suing you and you own the property, and I'm
suing you for a breach because there was a business
issue going on. I can't cloud up, but I can't
cloud your title. I can't put your house at risk.
I just can't do it. A lot doesn't allow it
until after a judgment. But that's that's a different story.
Speaker 2 (24:40):
What you have is you have to get an order
on this one.
Speaker 1 (24:47):
If he's still on the title, he's not going to
do a list pendance on his own because that ties
up his ability to sell.
Speaker 3 (24:56):
No.
Speaker 7 (24:56):
I mean, he is his spouse, from what I know,
is a petitioner.
Speaker 1 (25:01):
And that doesn't it doesn't matter. It doesn't know. It
doesn't work that way. If there is if your cloud
or cloud has been if there's a cloud on your title,
which means that you don't own the place free and
clear without any people filing claims et cetera on the
property and they have no basis, which is the case,
(25:23):
they have no basis to do that. Then you file
emotion and they're getting hit with attorney's fievees. You got
to get a lawyer in this one.
Speaker 7 (25:30):
Uh.
Speaker 2 (25:30):
Yeah, that's just that's just the way it works.
Speaker 1 (25:32):
It can't just arbitrarily say I'm gonna throw a lawsuit
on your property and tie it up so you can
never sell it.
Speaker 2 (25:39):
Now, you heard about bad breath last spot. You heard
me talking about Zelman's Minty Mouthmens.
Speaker 1 (25:45):
And there is a world to that because you know,
people suffer from bad breath, especially the people that are
smelling your breath.
Speaker 2 (25:54):
And so let me suggest Zelman's Minty Mouthmens. And here's why.
First of all, it's far more than a mint.
Speaker 1 (26:00):
It's clearly a mint because there's mint on the outside
of this little capsule. But when the mint has been finished,
you sucked the mint off the capsule. You then swallow
it or bite into it, and then it goes into
your gut. And people have to understand that bad breath
emanates from your gut a lot of the time, especially
garlic and onions, which I love, and Zelmans has been
(26:22):
tested clinically.
Speaker 2 (26:23):
Against garlic and onions.
Speaker 1 (26:26):
And then when that is done, I mean, you're basically
cleaned up and you feel great. You know how when
you brush your teeth you just feel really good for
a while.
Speaker 2 (26:33):
Well, Zelmans does that to you.
Speaker 1 (26:36):
Zelman's Minty Mouth Mints free shipping if you order multiple packs,
money back guarantee.
Speaker 2 (26:41):
I've never seen anybody use that one.
Speaker 1 (26:43):
And you go too, zelmans dot com fifteen percent off
when you use the code handle at checkout and take
advantage of fifteen percent. That's the code handle at checkout.
Visit Zelman's Z E L M I N S. Zelmans
dot com
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