Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:00):
This is handle on the law, marginal legal advice, where
I tell you you have no case all right. Now
the ongoing story of what happened in Baltimore.
Speaker 2 (00:10):
And remember when the bridge collapsed a few.
Speaker 1 (00:12):
Months ago and the ship that was owned by Grace
Ocean Private Limited and Synergy Marine Private Limited to Singaporean companies.
That ship, you know, it crashed into the bridge and
the entire bridge went down right there in the middle
of Baltimore Harbor, and the harbor was closed for a
(00:35):
couple of months. And the amount of damage that I
did not only to the bridge, which had to be
removed and that took months and had to be rebuilt,
but to the businesses and to a few people that
died on the bridge unfortunately. I mean we're talking in
the billions of dollars of damages. Well, the Justice Department,
this is the US Justice Department, has just reached the
(00:56):
settlement with these two companies for one hundred million dollars
with the two companies that owned and operated that container ship.
Now that's just the Justice Department. We're talking one hundred
million dollars. That does not count the Port of Baltimore,
which the business was closed down and they had to
(01:17):
the port had to take away the remnants of that bridge,
which took months. I mean, this was thousands of tons
of metal and concrete that had to be removed, and
then they have to rebuild. I mean, the damage is
going to be in the billions of dollars. And so
there's that lawsuit we're talking about the Port of Baltimore.
Then you have the individual businesses that were affected. Then
(01:42):
you have the individuals themselves that were affected and couldn't
get paid and couldn't work for months, their lawsuit. And
then of course the families of those that were injured,
especially those six that were aboard were on top of
the bridge maintenance workers that were killed.
Speaker 2 (02:00):
And so this is just the start. I don't know
how these companies are going to stay in business.
Speaker 1 (02:05):
Because whatever insurance they have, the insurance companies can write
a check for the limit. But already the city has
filed its own claim. Families of three of the victims
said they are going to sue.
Speaker 2 (02:19):
Oh Man, this is a tough one. This is a
tough one.
Speaker 1 (02:23):
And by the way, the money goes to the US Treasury,
and through the Treasury to several federal agencies that were affected.
By the crash or involved in the response of the crash.
All right, let's go ahead and take some phone calls here.
Speaker 2 (02:38):
Let me see people have been on around all right,
Ivan or Yvon? Hello, Eyvon, you're there?
Speaker 3 (02:45):
Yes?
Speaker 1 (02:46):
Hello, Yes.
Speaker 4 (02:49):
What's the easiest way to appoint a guardian for the
kids in case of parents?
Speaker 5 (02:56):
Both? No?
Speaker 2 (02:57):
Wait, just apply?
Speaker 1 (02:58):
You go to the court and you make an application.
And who who would be arguing for legal guardianship?
Speaker 4 (03:07):
My father, stepsister just in case?
Speaker 2 (03:09):
Okay?
Speaker 1 (03:10):
And the kids just just thinking this is hypothetical? Yes, okay, right, great?
And how would she die hypothetically speaking?
Speaker 4 (03:21):
No, no, no, it's about that. I don't want her
to get just in case I die. I don't want
her to get any custody of my kids.
Speaker 6 (03:29):
Okay.
Speaker 2 (03:30):
How old are your kids?
Speaker 4 (03:32):
Five?
Speaker 7 (03:33):
Ten?
Speaker 8 (03:35):
Okay?
Speaker 2 (03:36):
And how do you plan on dying hypothetically?
Speaker 4 (03:40):
Car crash?
Speaker 2 (03:41):
Car crash? Okay?
Speaker 1 (03:43):
And you don't want this is your sister in law?
Is that who you're talking about?
Speaker 3 (03:49):
Yes?
Speaker 2 (03:49):
Okay, do you have let me ask you. Do you
have who are the closest people to your family adults?
Speaker 4 (03:57):
I have like an uncle, let's say an uncle?
Speaker 2 (04:03):
Okay, who would you rather have the kids.
Speaker 1 (04:04):
Who would you have Who do you want to have
the kids in the event you hypothetically die in a
car crash?
Speaker 3 (04:10):
That uncle?
Speaker 2 (04:11):
That uncle? All right?
Speaker 1 (04:13):
Now, the fact that you're making that the request is
not particularly determinative.
Speaker 2 (04:18):
The court will take that in mind.
Speaker 1 (04:20):
But it's whoever is best fit to take care of
the kids. Someone's got to be a guardian for the kids.
And if there's no one out there, the state takes
over and becomes a guardian.
Speaker 2 (04:30):
But it's all done through a court system.
Speaker 1 (04:31):
So can you guarantee that your sister in law doesn't
become a guardian?
Speaker 9 (04:36):
Now?
Speaker 1 (04:37):
Not particularly unless there is a real danger to the kids.
Is your sister in law, for example, a drug addict hypothetically? No?
Speaker 6 (04:47):
Is she?
Speaker 2 (04:48):
Is she a good person hypothetically?
Speaker 4 (04:52):
No?
Speaker 2 (04:52):
Okay? What Why is she a bad person?
Speaker 4 (04:57):
Because there were issues in the past with properties and
she want it all?
Speaker 1 (05:03):
Okay, How does that have to do with her? What
does that have to do with her being a bad
parent or guardian?
Speaker 4 (05:09):
Because I think if she would take care of my kids,
she would do it for the money that I have
in the bank or other property, so that I have
right fair?
Speaker 2 (05:20):
Can you guarantee she doesn't do it?
Speaker 1 (05:22):
No, can you put it in writing? This is why
I don't want her to be a guardian. Yeah, maybe,
but she seems far enough away. I mean a sister
in law. It's a little bit more difficult. All right,
let's take one more and we'll take a break.
Speaker 2 (05:39):
Hello Tom, Hello, Yes, go ahead, Tom.
Speaker 5 (05:48):
Okay.
Speaker 8 (05:49):
We've been a renter for twenty years to this particular house,
and I think I may have discovered inadvertently that our
lord improve the property before we moved in and never
filed permits to do that.
Speaker 2 (06:07):
Okay, and this is twenty years ago.
Speaker 8 (06:11):
Yeah, I actually was about twenty twenty five years ago.
So my question is now the side of the house
that is was improved is falling apart, and I'm wondering
if there's any recourse on my part. Sure in terms
of that, Sure, you.
Speaker 2 (06:26):
Tell them to fix it for one thing.
Speaker 1 (06:29):
That's one, or you're going to call the Department Building
in Safety. You call the Department of Building in Safety.
Although twenty four years ago, I don't know how far
they're going to go with this, but they can just
condemn the thing. They can just shut it down, so
you're done and then you're out.
Speaker 8 (06:45):
If that happens, and then you're out. And then does
the landlord have to pay for a relocation?
Speaker 2 (06:51):
And probably? Yeah, probably? How much are you paying in rent?
Speaker 8 (06:55):
Tom thirty six fifty all right?
Speaker 2 (06:58):
And how big a place is it? And where is it?
Speaker 8 (07:02):
Well, it's just about four thousand square feet. It's in
San Diego County.
Speaker 1 (07:07):
Okay, so you're getting it for a hell of a price,
I'm assuming, right, correct. Okay, Well, let's say you they
let's say you call Department Building and Safety and they
go ahead and say you've got to not only let's
say they pull the permit and then they decide they're
gonna they're gonna condemn it, which they won't, but they'll
make they will make him bring it up to code.
(07:27):
And so they give you relocation money. The landlord gives
you relocation money. You're on your ass out there, and
then you get to look for a piece of property.
You are never going to get a four thousand square
foot home for thirty six hundred dollars in a decent
area of southern California, including San Diego County, unless you're
way out in the sticks.
Speaker 8 (07:47):
Yeah, I understand that, and we would probably have to
downsize because our children have moved out along.
Speaker 2 (07:53):
All right, so you would anyway. So what do you want?
What do you want? You want him to fix it?
So you stay there?
Speaker 8 (08:00):
No, nothing, what do you wanticularly?
Speaker 2 (08:03):
But what do you want?
Speaker 8 (08:04):
I'm just wondering if we'd be entitled to any damages
or anything.
Speaker 2 (08:08):
Now, now you'd be entitled the relocation.
Speaker 1 (08:11):
Yeah, you're not going to be entitled the damages over
twenty four years of which they didn't have a permit. No,
you're entitled to walk out the door and get relocation money.
Speaker 4 (08:22):
Hi, Joan, Hi Bill.
Speaker 7 (08:26):
My very best friend is sixty five and years and
years ago had a transitioned from a man to a woman, okay,
and he was a police force for fifteen years in
a metro city and he kind of got forced out
(08:47):
because he was undergoing this procedure. I'll excuse you. I'll
just use the word they because it's a little confusing.
They were undergoing this procedure towards the end of that
work period and he got four stout and basically quit. Okay,
he's been he's been a plumber ever since. And now
he's wait.
Speaker 2 (09:08):
Wait, wait, say Joan, he is now a she, right,
I'm sorry she. Yeah, you want to use.
Speaker 1 (09:13):
The word she because if she is listening and your
best friend's gonna go Joan, what the hell is going on?
Speaker 2 (09:20):
I'm a she?
Speaker 1 (09:20):
But anyway, okay, So she is now a plumber. Sorry,
that's okay, don't apologize to me.
Speaker 2 (09:25):
It's your friend. So she is now a plumber. All right,
let's move on.
Speaker 6 (09:31):
Okay.
Speaker 7 (09:31):
And it's paid into the system. And she got a
letter from Social Security saying, hey, you know the letter like,
if you retire now, you get this much. And you
know if you wait, you're going to get this much.
So she went to apply not just for Social Security
but for Meta care right, and was turned down because
she had a different name, right with the police force. Okay,
(09:55):
and she can't get anybody.
Speaker 6 (09:58):
To help her.
Speaker 1 (09:59):
Okay, this is not that complicated. This is really not
that complicated. It's a straight name change. It's a straight
Did did she legally change her name?
Speaker 3 (10:11):
Yes?
Speaker 2 (10:11):
Okay.
Speaker 1 (10:12):
So with the fact that it's like if you change
your name legally, I know someone who has changed her
name legally, still a female, but just changed last names.
And once that legal name change was allowed by the court,
and the court has to approve it. But it's simply procedural,
(10:33):
you know, as you know, it's no big deal. You
somebody to make the application, boom, and it's done. Then
that name change is then filed with Social Security, filed
with the pension people.
Speaker 2 (10:43):
That I am Now this person has that do with transitioning.
They don't get they don't care.
Speaker 1 (10:49):
Legally, it has no effect whatsoever on social security or
pensions or anything.
Speaker 2 (10:53):
So it has to do with the name change. That's it.
Speaker 1 (10:57):
And so she, uh, it's not a question of having help.
She can do it herself. She went ahead. She is
legally a different person.
Speaker 2 (11:05):
Correct. The name change has been already approved by the court.
Speaker 1 (11:08):
Yes, Okay, driver's license, all of it, social Security administration,
all of it.
Speaker 7 (11:13):
Right, Yes, However they're asking for previous ID.
Speaker 2 (11:20):
All right, so she has previous ideas.
Speaker 7 (11:22):
Okay, she has nothing.
Speaker 2 (11:24):
But it doesn't matter if she has nothing in her
old name. No, well, sure she does.
Speaker 1 (11:30):
There's a record of it with Social Security, the record
with the police force.
Speaker 2 (11:34):
There's a record with it. Uh, with the pension people.
What do you mean all disappeared?
Speaker 1 (11:40):
The fact that she had another name, That all disappears
when you have a name change.
Speaker 7 (11:46):
Yeah, Well, they're telling her that they don't believe she
is who she used to be.
Speaker 2 (11:51):
That doesn't matter because that's I don't know.
Speaker 1 (11:52):
That doesn't make any sense because it doesn't make any
sense if you have the proof, if you come in
with the proof. Here I am, I'm Bill Handle. And
let's say I want a trans which I think about
all the time because this is very rough for me
to be a male.
Speaker 2 (12:09):
But that's a different issue that's between me and my psychologist.
Speaker 1 (12:12):
So I want to be Billy Jean, okay, and so
I now change my name to Billy Jean legally as
opposed to William Wolf. And all I have to prove
I'm William Wolf. There are records all over.
Speaker 2 (12:24):
The place of me being William Wolf.
Speaker 1 (12:28):
And you're saying that the people say, we don't believe
that you were William Wolf, even though here are all
the documents.
Speaker 2 (12:38):
Something's going on that makes no sense here, Joan, something's
really weird.
Speaker 1 (12:42):
I agree, Yeah, yeah, I mean if it turns out,
and who doesn't believer Social Security, the pension, people, Medicare,
medical who doesn't believe how many agencies say no.
Speaker 2 (12:54):
Thank you.
Speaker 7 (12:57):
Medicare and Social Security as well?
Speaker 1 (12:59):
Okay, Well, what you do is or what she does
is simply go into a Social Security office, ask for
an appeal, ask for an appeals form, and ask to
go in front of an administrator straight out and just
say here's my proof, here's my proof. Yeah, none of
that makes any sense, by the way. You know, am
I thinking about a you know, sex change?
Speaker 9 (13:21):
Yeah?
Speaker 2 (13:23):
Yeah, yeah, but that's the entirely different story. All right.
Speaker 1 (13:27):
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Speaker 2 (13:33):
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Speaker 1 (13:34):
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And everything costs today, I mean you look at restaurants, Yeah,
you look at costs, materials, employees, distribution, borrowing money is insane. Well,
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Speaker 2 (13:54):
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Speaker 1 (13:56):
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Speaker 2 (14:17):
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Speaker 1 (14:20):
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(14:41):
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Speaker 2 (14:50):
Hey Rod, welcome, Hi Bill, Yes, sir.
Speaker 6 (14:54):
Very good, thank you. We have an installed generator at
our house and I spoke at our generator company yesterday
over the phone, wanting to get a maintenance contract to
service it. Uh he quoted me literally seventy four to fifty. Oh,
hey man, that sounds great. Let's do it. And so
(15:15):
we get the credit card and the voice today at
seven thousand, four hundred and fifty am.
Speaker 1 (15:22):
I host not not necessarily well, let me ask you
what this is an annual contract to maintain your generator.
Speaker 6 (15:32):
Ten years. Yeah, twice a month, twice of a year.
Speaker 2 (15:36):
Twice a year for ten years.
Speaker 1 (15:39):
Yeah, and you thought you were getting that for seventy
four bucks.
Speaker 2 (15:43):
Yeah, seven dollars a year for twice a year.
Speaker 1 (15:48):
Three dollars and fifty cents for them to come out
to maintain your generator every time.
Speaker 6 (15:56):
Yeah. It sounded like he of a deal though.
Speaker 1 (15:58):
Yeah, no, it sounds no, it sounds ridiculous. Yeah, I
mean it's completely insane. So what you do is you
have a miss you have a misunderstanding, and you call
them up and say, uh uh, misunderstood, I want my
money back, and if they don't give you your money back,
depending how ethical they are, you call your credit card
(16:20):
company and.
Speaker 2 (16:20):
You dispute it. You say, hey, hey, hey, hang on, huge, huge.
Speaker 1 (16:25):
Disagreement, a misunderstanding, and if they haven't come out yet,
no harm, no foul.
Speaker 2 (16:33):
Right, okay, but let me, I mean, how, let me
ask you something.
Speaker 9 (16:35):
I mean, Rod, how can you possibly think that they're
going to come out once a year or twice a
year for seven dollars?
Speaker 6 (16:48):
I can't I can't justify that.
Speaker 2 (16:52):
No, no, you can't.
Speaker 1 (16:53):
So you were a completely delusional. I mean, you know,
no question, you're out of your mind. But at the
same time, you're able to cancel that based on a misunderstanding.
If they haven't come out, call your credit card company
instantly and dispute it. Well, first you call them and say, hey,
huge misunderstanding. Put the money back. I don't want the contract.
(17:15):
And if my for example, I have a maintenance contract
with an HVAC company where they come out once a
year and they check out, and I don't know what
the hell I pay for, you know, four hundred five
hundred bucks, you know, for them to come out, but
they go through it with a fine tooth comb and
why you know, is it probably overpriced?
Speaker 2 (17:36):
Yeah, maybe a little bit.
Speaker 1 (17:37):
But the beauty of that is if there is a
problem and it's one hundred and twenty degrees outside, I
get first priority.
Speaker 2 (17:44):
That's worth it for me.
Speaker 1 (17:45):
But no, it's not not three dollars and fifty cents.
Speaker 6 (17:49):
So well, that's that's you gave me a good smack
on the head. Well deserved.
Speaker 2 (17:54):
Yeah, no, that's okay, I mean you should you it's
so insane.
Speaker 1 (17:57):
You should be able to get out of it either
by way of them returning the money, which they should.
Speaker 2 (18:01):
If they're ethical, my company.
Speaker 1 (18:02):
Would or you simply dispute it and you tell your
you tell the credit card company.
Speaker 2 (18:08):
Uh uh, absolutely not. Oh that was great. I love
that one. Hi Johnny, welcome, Hey Bell, I'll.
Speaker 10 (18:16):
Yeah, go ahead, all right. So I was at a bar,
park right off front of the bar.
Speaker 2 (18:21):
And is that a joke? A couple of guys walk
into a bar? Okay, no, go ahead, you were at
a bar.
Speaker 10 (18:27):
Well, it kind of is a joke because I called
Triple A to tow me home or just you know,
because I loved the block away and instead of giving
me serious, they called the police on me. They called
the HP and I got arrested for DUI.
Speaker 2 (18:40):
Okay, hold on a second, I mean we're let's talk
about this. Were you drunk?
Speaker 11 (18:45):
Yeah, but I was.
Speaker 10 (18:46):
I was waiting for him to pick me up.
Speaker 2 (18:47):
Okay, were you in that? Were you in the car?
Speaker 6 (18:50):
Yeah?
Speaker 10 (18:50):
It was December seventh, it was cold, so I was
sitting waiting.
Speaker 2 (18:53):
Idiot, So you weren't driving it, all right?
Speaker 1 (18:56):
Okay, so the cops picked So the cops pick you up, okay,
and they rest.
Speaker 2 (19:00):
Yeah, and what happened to the case, I'm assuming the
case is dropped?
Speaker 10 (19:03):
Right, Well, I thought it. I got a public defender.
I thought it for six months. But they have we
subpoenad film, We subpoenaed film, and they couldn't show any
evidence that that I was driving.
Speaker 2 (19:12):
Okay, so they dropped the case.
Speaker 10 (19:14):
No I I had a plea no contest and I
was convicted.
Speaker 1 (19:18):
Why if they couldn't show any evidence, why didn't you,
with your public defender, say I'm going to fight this.
Speaker 10 (19:24):
We did for six months and I you know, I
just he said, We're not going to win this. We
don't have any evidence to prove your innocent.
Speaker 1 (19:29):
But you don't have to prove who whoa whoa whoa
A public defender tells you you don't have any evidence
to prove you are innocent.
Speaker 2 (19:39):
What are whatever happened to?
Speaker 1 (19:41):
Innocent until proven guilty?
Speaker 3 (19:45):
Exactly?
Speaker 1 (19:45):
All right, you got screwed by the public defender. Okay,
So now what's your what's your question?
Speaker 10 (19:50):
So my question is I had to pay that exact
same tow truck driver to get five hundred dollars to
get my car out the next way when I got
out of jail. Yeah, so I'm like, what a racket
he saw that?
Speaker 2 (20:01):
Yeah? And you're absolutely right You're absolutely right. What a racket?
So what's your question?
Speaker 10 (20:08):
So do can I? Can I get an attorney to sue.
Speaker 6 (20:10):
Him for now?
Speaker 2 (20:12):
What are your damages? What are your damages? What are
your damages?
Speaker 10 (20:16):
I got, I got convicted.
Speaker 2 (20:17):
That doesn't matter. That's your choice. That's your choice.
Speaker 10 (20:21):
Oh okay, well what about the simple conflict of interest
that I have?
Speaker 6 (20:25):
Triple A?
Speaker 2 (20:26):
That doesn't there's no conflict of interest? What do do
they own to not call the police?
Speaker 1 (20:31):
Hey, I saw him and I thought he was drunk
and I called the cops.
Speaker 2 (20:36):
Where's the content yet?
Speaker 5 (20:37):
But I called him to do to provide a doesn't It's.
Speaker 2 (20:40):
Not a content. He doesn't owe you a duty other
than to do the job. So I don't think there's
a content.
Speaker 10 (20:46):
Didn't he just do the job because he didn't?
Speaker 2 (20:49):
Because he didn't. That's that simple. It's a racket. You're
absolutely right. But it's a legal racket.
Speaker 10 (20:56):
Okay, So that's it.
Speaker 2 (20:57):
I mean, you're done.
Speaker 1 (21:00):
You know, I'm not going to sit there to argue
at all, right, Elsa, Hi, Elsa.
Speaker 12 (21:06):
Welcome, Hi Bill. I live next door to a homeowners
association where we share a fence, and they've notified me
that they're going to be replacing the fence, which is
a good thing. They've also notified me that I have
to trim everything with on my side of the fence
twenty four inches back away from their fence and give
(21:28):
them access to my property while they're installing the new fence.
The twenty four inches is fully landscaped, and I'm wondering
if I have if I can just say, you have
to deal with your side.
Speaker 2 (21:43):
Right, you can't out my side? Absolutely, I can't say that. Yeah,
of course you can say that.
Speaker 1 (21:47):
Now, if the only way they can put up their
fence is to walk on your property, then you probably
have the duty to let them do that, but not
to damage your life's landscaping. They are responsible for any
damage to your landscaping.
Speaker 12 (22:07):
So can I tell them? Did I have to be there?
Speaker 3 (22:11):
Sure?
Speaker 2 (22:13):
Of course you can't.
Speaker 12 (22:14):
Yeah, this fence is mounted on like this U bolt thing.
Speaker 2 (22:18):
Yeah, I understand.
Speaker 1 (22:19):
You know they want to They want to do it
at their expense, no problem. They want to do it
at their expense, and they're saying, the only way we
can do it is to walk on your property. That's
perfectly reasonable. You say I have to be there? Perfectly reasonable?
You say, any damage to my landscape is your problem.
That's fine. And for them to say you have to
(22:39):
cut back for twenty four inches, No, you can't tell
me what to do with my property. Why you're crazy?
Why not thirty six inches? Why not five feet? Why
ten feet?
Speaker 2 (22:50):
What difference does it make? So you're fine? Yeah, you
can do everything you want to do. There's absolutely no
question about that. H Hello Simon, good morning Bell.
Speaker 3 (23:05):
Yeah, Bill, I'm a senior citizen. Moved into this unit
back in twenty twelve with a roommates. We've been living
there since twenty twelve, current on rent. The property changed
(23:29):
hands back in twenty seventeen, and we both filled out
tenant estoppel certificate reflecting both names on the estapole.
Speaker 2 (23:44):
Okay, what is the estaple? What are they? Why would
you sign an estable? What was that.
Speaker 3 (23:48):
About the original owner who knew me and had had
knowledge that I moved into the units?
Speaker 2 (23:59):
Yeah, it doesn't matter.
Speaker 1 (24:00):
I'm still concerned about estoppel here, you know, why would
you what?
Speaker 2 (24:04):
What did you sign?
Speaker 6 (24:06):
Uh?
Speaker 3 (24:08):
The previous owners sold the property and apparently one of
the requirements in es crew was to get all the
tenants estoppel which we both filled out and submitted.
Speaker 2 (24:23):
Okay, I understand the an agreement to move out?
Speaker 3 (24:27):
No, no, no estopel who lived.
Speaker 10 (24:29):
In the units?
Speaker 1 (24:30):
I don't understand. Uh an estopel as to who lived
in the unit?
Speaker 2 (24:34):
I don't know.
Speaker 1 (24:35):
I don't understand what how that connects. I mean, I
don't what were you as stopped from doing?
Speaker 2 (24:42):
When you sign an.
Speaker 1 (24:43):
Estopel, you are as stopped, which means you cannot do something.
Speaker 2 (24:47):
What is it that you cannot do that you agreed to?
Speaker 6 (24:52):
Uh?
Speaker 3 (24:53):
The estopol was basically to uh, uh indicate who lives
in the unit.
Speaker 2 (25:00):
Wait a second, that's not an estop ale.
Speaker 1 (25:02):
That's just a new lease that says here's who lives
in the unit. I know, I don't know where that's
going to go, but that's nice for that. You know,
there's something I'm missing there?
Speaker 2 (25:14):
Clearly, Hello Ralph, what can I do for you?
Speaker 4 (25:18):
Hi?
Speaker 3 (25:18):
Bill?
Speaker 5 (25:18):
I have a friend who was financed by a car
dealership for the purchase of a used vehicle. This was
back in two thousand and one. So now fast forward
twenty two years later. They have found him and have
started garnishing his wages to pay off the loan.
Speaker 2 (25:36):
Okay, how is that? Hang on a minute, how long
ago was this?
Speaker 5 (25:41):
This was back in two thousand and one.
Speaker 1 (25:43):
Okay, two thousand and one, and they got a judgment
against him clearly, then they went ahead and I guess
that's good for ten years. I'm assuming this is California,
and then it's good for another ten years. So I yeah,
I gotta tell you, way past the statute. So I
don't know how they're garnishing wages because that's an illegal garnishment.
Speaker 5 (26:07):
Interesting, okay, And he did contact a bankruptcy lawyer explain
the situation. The bankruptcy lawyer says, well, you can claim bankruptcy.
You may want to contact this financial institution and make
a deal to pay it off or make payments as
opposed to garnishment. But in a letter from the bankruptcy
(26:28):
attorney to my friend, it stated, do not disclose to
the financial institution you may consider bankruptcy. Okay, if the
financial institution were to find out he wanted to do that,
are there any repercussions now?
Speaker 2 (26:42):
No, absolutely none, Nope, nope, no repercussions. He can say
whatever the hell he wants. Okay, yeah, he can't. But
I'm but going back, I mean, you know, that's an
easy one.
Speaker 9 (26:53):
No one.
Speaker 1 (26:53):
You don't have to tell anybody anything unless you have
a duty to tell them.
Speaker 2 (26:56):
There's no duty here. I'm just interested in and how
twenty three.
Speaker 1 (27:01):
Years later they're garnishing wages that one I'm interested in.
And you may want to talk to or he may
want to talk to a debtor creditor attorney because I
don't understand on what basis at this point.
Speaker 5 (27:15):
Hey, creditor attorney, Yeah, debtor.
Speaker 2 (27:17):
Turry and just look it up and you can just
research the whole thing.
Speaker 1 (27:20):
Statute limitations, judgment statute of limitations.
Speaker 2 (27:24):
Yeah, because I just don't get it for sure. Oh,
let me see where I want to start, Okay, Joseph, Hi, Joseph, welcome.
Speaker 11 (27:35):
Hi Bill, Yes, sir, thanks for thanks for all the
good advices wanted to tell. Yeah, Hey, you got some
good good stuff there for sure. You know, I talked
to you a couple of years ago, I think, or
maybe a year ago. I'm not sure exactly how long
ago it was, but it was regarding a restaurant that
used to own about fifteen twenty years ago. It used
to be open, so it's been that long since been open,
(27:56):
but since then I've kind of repackaged the whole concept
and kind of gone through and just kind of revitalize
and trying to just do a new like reboot of
the restaurant. It's a Mexican restaurant. It's a dual kitchen
kind of fun, uh Mexican restaurant, that kind of thing.
But anyways, the question is, and you know, I think
last time you told me just go for it, you know,
(28:16):
because we basically are looking to open soon. We actually
have a business partner that wants to get involved with us.
But issue is, I think you told me last time,
no big deal. But there's a like a trademark involve
with a different same name, but different difference.
Speaker 1 (28:35):
Okay, did you sell a second when you talk about
the trademark involved?
Speaker 2 (28:38):
You're gonna open the restaurant.
Speaker 1 (28:40):
That sounds like a trademark name that's already out there, right.
Speaker 11 (28:46):
Yeah, so we used to own it, but we weren't
part of the trademark. That was another restaurant in another state.
But it has the same name. Okay, and our family
basically used to own it like way back when, is
all right?
Speaker 2 (28:57):
So well, okay, got it? So what's your question Joseph, the.
Speaker 11 (29:00):
Question is, I mean, I don't want to get into
like any issues with that.
Speaker 1 (29:05):
You know, say, okay, let's make it easy, all right.
If there is a restaurant that has that name that
is in business, then you're going to have a huge problem, right,
you know, you just you're going to because unless they're
in a different area completely, and unless they're on the
(29:27):
East Coast, for example, where there can be no confusion,
but you can't.
Speaker 2 (29:32):
Yeah, for example, you know McDonald's, all right, which is
a ridiculous name. But you come up with.
Speaker 1 (29:41):
A name that's close to McDonald's and you have arches
or whatever, and you want to it's close enough.
Speaker 2 (29:48):
That's what you have to worry about.
Speaker 1 (29:49):
If it is close enough, you can't use the name
itself because that's copyrighted. But if it is close enough
to cause confusion in the same market, you've got some problems.
You're going to get a cease and desist. Are they
out there? Is the new name out there?
Speaker 11 (30:05):
So we haven't ventured out and we haven't started.
Speaker 2 (30:08):
But no, I understand.
Speaker 1 (30:09):
But the name is it's another Mexican restaurant that's running
around with the name that you want to basically copy.
Speaker 11 (30:14):
Well, the other one's just been established kind of like
the same about the same amount of time that we
had been but we closed since then, is what I'm saying.
Speaker 2 (30:21):
All Right, So they're the ones who has the copyright.
Who has the copyright? They so they own the copyright, all.
Speaker 1 (30:27):
Right, So you're going to be using a name that
they've copyrighted. You think it's a good idea.
Speaker 11 (30:32):
Well, I mean we used to be in business, though.
Speaker 2 (30:34):
It doesn't matter. They own the copyright, it doesn't matter.
Speaker 1 (30:38):
And since and by the way, since it's how long
you've been out of business, Joseph.
Speaker 11 (30:44):
It's been a little over fifteen years.
Speaker 2 (30:46):
Oh, then you just come up with another name. Yeah,
I just come up with another name, you know.
Speaker 1 (30:51):
I mean, you're gonna get into that cease and desist lawsuits?
Speaker 2 (30:54):
Who needs that? Bye? Quickly?
Speaker 1 (30:57):
Oh, talk about restaurants, Tom, a Mexican restaur You come
out of a Mexican restaurant and you smell like, well,
a Mexican restaurant, and all your breath smells like that,
And what do you want to do about it? Well,
if you care about people smelling your breath, then you
may want to consider Zelman's minty mouth mints far more than.
Speaker 2 (31:15):
Just a mint.
Speaker 1 (31:16):
You pop a couple in your mouth, there's a minty
coating and you suck on that, and when the minty
coating is gone, and that happens over a few minutes,
then you swallow your bite into the capsule. And this
is where they really get to work, because Zelemen's minty
mouthmonts is far far more than just a mint. It
goes into your gut and it gets to work there.
And other Men's don't do this because bad breath, garlic
(31:38):
onions and by the way, that's a lot of Mexican
food there. Bad breath can start there stay there, and
Zelman's Minty Mouthmens takes care of that one hundred percent.
Speaker 2 (31:48):
On top of that, you just feel good.
Speaker 1 (31:50):
You just feel fresh and clean and wonderful and above
your waist, you know what I'm talking about. That's Zelman's
Minty Mouthmen. So free shipping if you order multiple packs,
money back garrantee which you're never gonna use and you're
gonna want more packs, I know that. Go to Zelman's
dot com Z E L M I N S. Zelman's
(32:11):
dot com fifteen percent off when you use the code
handle at check out and take advantage of that. Zelman's
z E L M I N S zelmans dot com.
And as I said earlier, I am still taking phone calls.
I'll be doing it off the air as soon as
I lock out. So for those of you that are
on hold, stay put. I will get to your phone
(32:32):
calls and do it quickly because there are no breaks,
no commercials, no news, no weather, no traffic, and no patience.
So you put all of that together and we're gonna
be zipping through the phone calls. Eight hundred five two
zero one five three four. Eight hundred five two zero
one five three four. This is handle on the law
This is handle on the law, marginal legal advice, where
I tell you you have no case all right. Now
the ongoing story of what happened in Baltimore.
Speaker 2 (00:10):
And remember when the bridge collapsed a few.
Speaker 1 (00:12):
Months ago and the ship that was owned by Grace
Ocean Private Limited and Synergy Marine Private Limited to Singaporean companies.
That ship, you know, it crashed into the bridge and
the entire bridge went down right there in the middle
of Baltimore Harbor, and the harbor was closed for a
(00:35):
couple of months. And the amount of damage that I
did not only to the bridge, which had to be
removed and that took months and had to be rebuilt,
but to the businesses and to a few people that
died on the bridge unfortunately. I mean we're talking in
the billions of dollars of damages. Well, the Justice Department,
this is the US Justice Department, has just reached the
(00:56):
settlement with these two companies for one hundred million dollars
with the two companies that owned and operated that container ship.
Now that's just the Justice Department. We're talking one hundred
million dollars. That does not count the Port of Baltimore,
which the business was closed down and they had to
(01:17):
the port had to take away the remnants of that bridge,
which took months. I mean, this was thousands of tons
of metal and concrete that had to be removed, and
then they have to rebuild. I mean, the damage is
going to be in the billions of dollars. And so
there's that lawsuit we're talking about the Port of Baltimore.
Then you have the individual businesses that were affected. Then
(01:42):
you have the individuals themselves that were affected and couldn't
get paid and couldn't work for months, their lawsuit. And
then of course the families of those that were injured,
especially those six that were aboard were on top of
the bridge maintenance workers that were killed.
Speaker 2 (02:00):
And so this is just the start. I don't know
how these companies are going to stay in business.
Speaker 1 (02:05):
Because whatever insurance they have, the insurance companies can write
a check for the limit. But already the city has
filed its own claim. Families of three of the victims
said they are going to sue.
Speaker 2 (02:19):
Oh Man, this is a tough one. This is a
tough one.
Speaker 1 (02:23):
And by the way, the money goes to the US Treasury,
and through the Treasury to several federal agencies that were affected.
By the crash or involved in the response of the crash.
All right, let's go ahead and take some phone calls here.
Speaker 2 (02:38):
Let me see people have been on around all right,
Ivan or Yvon? Hello, Eyvon, you're there?
Speaker 3 (02:45):
Yes?
Speaker 1 (02:46):
Hello, Yes.
Speaker 4 (02:49):
What's the easiest way to appoint a guardian for the
kids in case of parents?
Speaker 5 (02:56):
Both? No?
Speaker 2 (02:57):
Wait, just apply?
Speaker 1 (02:58):
You go to the court and you make an application.
And who who would be arguing for legal guardianship?
Speaker 4 (03:07):
My father, stepsister just in case?
Speaker 2 (03:09):
Okay?
Speaker 1 (03:10):
And the kids just just thinking this is hypothetical? Yes, okay, right, great?
And how would she die hypothetically speaking?
Speaker 4 (03:21):
No, no, no, it's about that. I don't want her
to get just in case I die. I don't want
her to get any custody of my kids.
Speaker 6 (03:29):
Okay.
Speaker 2 (03:30):
How old are your kids?
Speaker 4 (03:32):
Five?
Speaker 7 (03:33):
Ten?
Speaker 8 (03:35):
Okay?
Speaker 2 (03:36):
And how do you plan on dying hypothetically?
Speaker 4 (03:40):
Car crash?
Speaker 2 (03:41):
Car crash? Okay?
Speaker 1 (03:43):
And you don't want this is your sister in law?
Is that who you're talking about?
Speaker 3 (03:49):
Yes?
Speaker 2 (03:49):
Okay, do you have let me ask you. Do you
have who are the closest people to your family adults?
Speaker 4 (03:57):
I have like an uncle, let's say an uncle?
Speaker 2 (04:03):
Okay, who would you rather have the kids.
Speaker 1 (04:04):
Who would you have Who do you want to have
the kids in the event you hypothetically die in a
car crash?
Speaker 3 (04:10):
That uncle?
Speaker 2 (04:11):
That uncle? All right?
Speaker 1 (04:13):
Now, the fact that you're making that the request is
not particularly determinative.
Speaker 2 (04:18):
The court will take that in mind.
Speaker 1 (04:20):
But it's whoever is best fit to take care of
the kids. Someone's got to be a guardian for the kids.
And if there's no one out there, the state takes
over and becomes a guardian.
Speaker 2 (04:30):
But it's all done through a court system.
Speaker 1 (04:31):
So can you guarantee that your sister in law doesn't
become a guardian?
Speaker 9 (04:36):
Now?
Speaker 1 (04:37):
Not particularly unless there is a real danger to the kids.
Is your sister in law, for example, a drug addict hypothetically? No?
Speaker 6 (04:47):
Is she?
Speaker 2 (04:48):
Is she a good person hypothetically?
Speaker 4 (04:52):
No?
Speaker 2 (04:52):
Okay? What Why is she a bad person?
Speaker 4 (04:57):
Because there were issues in the past with properties and
she want it all?
Speaker 1 (05:03):
Okay, How does that have to do with her? What
does that have to do with her being a bad
parent or guardian?
Speaker 4 (05:09):
Because I think if she would take care of my kids,
she would do it for the money that I have
in the bank or other property, so that I have
right fair?
Speaker 2 (05:20):
Can you guarantee she doesn't do it?
Speaker 1 (05:22):
No, can you put it in writing? This is why
I don't want her to be a guardian. Yeah, maybe,
but she seems far enough away. I mean a sister
in law. It's a little bit more difficult. All right,
let's take one more and we'll take a break.
Speaker 2 (05:39):
Hello Tom, Hello, Yes, go ahead, Tom.
Speaker 5 (05:48):
Okay.
Speaker 8 (05:49):
We've been a renter for twenty years to this particular house,
and I think I may have discovered inadvertently that our
lord improve the property before we moved in and never
filed permits to do that.
Speaker 2 (06:07):
Okay, and this is twenty years ago.
Speaker 8 (06:11):
Yeah, I actually was about twenty twenty five years ago.
So my question is now the side of the house
that is was improved is falling apart, and I'm wondering
if there's any recourse on my part. Sure in terms
of that, Sure, you.
Speaker 2 (06:26):
Tell them to fix it for one thing.
Speaker 1 (06:29):
That's one, or you're going to call the Department Building
in Safety. You call the Department of Building in Safety.
Although twenty four years ago, I don't know how far
they're going to go with this, but they can just
condemn the thing. They can just shut it down, so
you're done and then you're out.
Speaker 8 (06:45):
If that happens, and then you're out. And then does
the landlord have to pay for a relocation?
Speaker 2 (06:51):
And probably? Yeah, probably? How much are you paying in rent?
Speaker 8 (06:55):
Tom thirty six fifty all right?
Speaker 2 (06:58):
And how big a place is it? And where is it?
Speaker 8 (07:02):
Well, it's just about four thousand square feet. It's in
San Diego County.
Speaker 1 (07:07):
Okay, so you're getting it for a hell of a price,
I'm assuming, right, correct. Okay, Well, let's say you they
let's say you call Department Building and Safety and they
go ahead and say you've got to not only let's
say they pull the permit and then they decide they're
gonna they're gonna condemn it, which they won't, but they'll
make they will make him bring it up to code.
(07:27):
And so they give you relocation money. The landlord gives
you relocation money. You're on your ass out there, and
then you get to look for a piece of property.
You are never going to get a four thousand square
foot home for thirty six hundred dollars in a decent
area of southern California, including San Diego County, unless you're
way out in the sticks.
Speaker 8 (07:47):
Yeah, I understand that, and we would probably have to
downsize because our children have moved out along.
Speaker 2 (07:53):
All right, so you would anyway. So what do you want?
What do you want? You want him to fix it?
So you stay there?
Speaker 8 (08:00):
No, nothing, what do you wanticularly?
Speaker 2 (08:03):
But what do you want?
Speaker 8 (08:04):
I'm just wondering if we'd be entitled to any damages
or anything.
Speaker 2 (08:08):
Now, now you'd be entitled the relocation.
Speaker 1 (08:11):
Yeah, you're not going to be entitled the damages over
twenty four years of which they didn't have a permit. No,
you're entitled to walk out the door and get relocation money.
Speaker 4 (08:22):
Hi, Joan, Hi Bill.
Speaker 7 (08:26):
My very best friend is sixty five and years and
years ago had a transitioned from a man to a woman, okay,
and he was a police force for fifteen years in
a metro city and he kind of got forced out
(08:47):
because he was undergoing this procedure. I'll excuse you. I'll
just use the word they because it's a little confusing.
They were undergoing this procedure towards the end of that
work period and he got four stout and basically quit. Okay,
he's been he's been a plumber ever since. And now
he's wait.
Speaker 2 (09:08):
Wait, wait, say Joan, he is now a she, right,
I'm sorry she. Yeah, you want to use.
Speaker 1 (09:13):
The word she because if she is listening and your
best friend's gonna go Joan, what the hell is going on?
Speaker 2 (09:20):
I'm a she?
Speaker 1 (09:20):
But anyway, okay, So she is now a plumber. Sorry,
that's okay, don't apologize to me.
Speaker 2 (09:25):
It's your friend. So she is now a plumber. All right,
let's move on.
Speaker 6 (09:31):
Okay.
Speaker 7 (09:31):
And it's paid into the system. And she got a
letter from Social Security saying, hey, you know the letter like,
if you retire now, you get this much. And you
know if you wait, you're going to get this much.
So she went to apply not just for Social Security
but for Meta care right, and was turned down because
she had a different name, right with the police force. Okay,
(09:55):
and she can't get anybody.
Speaker 6 (09:58):
To help her.
Speaker 1 (09:59):
Okay, this is not that complicated. This is really not
that complicated. It's a straight name change. It's a straight
Did did she legally change her name?
Speaker 3 (10:11):
Yes?
Speaker 2 (10:11):
Okay.
Speaker 1 (10:12):
So with the fact that it's like if you change
your name legally, I know someone who has changed her
name legally, still a female, but just changed last names.
And once that legal name change was allowed by the court,
and the court has to approve it. But it's simply procedural,
(10:33):
you know, as you know, it's no big deal. You
somebody to make the application, boom, and it's done. Then
that name change is then filed with Social Security, filed
with the pension people.
Speaker 2 (10:43):
That I am Now this person has that do with transitioning.
They don't get they don't care.
Speaker 1 (10:49):
Legally, it has no effect whatsoever on social security or
pensions or anything.
Speaker 2 (10:53):
So it has to do with the name change. That's it.
Speaker 1 (10:57):
And so she, uh, it's not a question of having help.
She can do it herself. She went ahead. She is
legally a different person.
Speaker 2 (11:05):
Correct. The name change has been already approved by the court.
Speaker 1 (11:08):
Yes, Okay, driver's license, all of it, social Security administration,
all of it.
Speaker 7 (11:13):
Right, Yes, However they're asking for previous ID.
Speaker 2 (11:20):
All right, so she has previous ideas.
Speaker 7 (11:22):
Okay, she has nothing.
Speaker 2 (11:24):
But it doesn't matter if she has nothing in her
old name. No, well, sure she does.
Speaker 1 (11:30):
There's a record of it with Social Security, the record
with the police force.
Speaker 2 (11:34):
There's a record with it. Uh, with the pension people.
What do you mean all disappeared?
Speaker 1 (11:40):
The fact that she had another name, That all disappears
when you have a name change.
Speaker 7 (11:46):
Yeah, Well, they're telling her that they don't believe she
is who she used to be.
Speaker 2 (11:51):
That doesn't matter because that's I don't know.
Speaker 1 (11:52):
That doesn't make any sense because it doesn't make any
sense if you have the proof, if you come in
with the proof. Here I am, I'm Bill Handle. And
let's say I want a trans which I think about
all the time because this is very rough for me
to be a male.
Speaker 2 (12:09):
But that's a different issue that's between me and my psychologist.
Speaker 1 (12:12):
So I want to be Billy Jean, okay, and so
I now change my name to Billy Jean legally as
opposed to William Wolf. And all I have to prove
I'm William Wolf. There are records all over.
Speaker 2 (12:24):
The place of me being William Wolf.
Speaker 1 (12:28):
And you're saying that the people say, we don't believe
that you were William Wolf, even though here are all
the documents.
Speaker 2 (12:38):
Something's going on that makes no sense here, Joan, something's
really weird.
Speaker 1 (12:42):
I agree, Yeah, yeah, I mean if it turns out,
and who doesn't believer Social Security, the pension, people, Medicare,
medical who doesn't believe how many agencies say no.
Speaker 2 (12:54):
Thank you.
Speaker 7 (12:57):
Medicare and Social Security as well?
Speaker 1 (12:59):
Okay, Well, what you do is or what she does
is simply go into a Social Security office, ask for
an appeal, ask for an appeals form, and ask to
go in front of an administrator straight out and just
say here's my proof, here's my proof. Yeah, none of
that makes any sense, by the way. You know, am
I thinking about a you know, sex change?
Speaker 9 (13:21):
Yeah?
Speaker 2 (13:23):
Yeah, yeah, but that's the entirely different story. All right.
Speaker 1 (13:27):
I want to talk about NetSuite for a moment, and
this is for business people like I have been most
of my life.
Speaker 2 (13:33):
And here's a rule.
Speaker 1 (13:34):
The less you spend on delivering your product or service,
the more margin you have. I mean, you make more
money if you don't spend as much money producing it.
And everything costs today, I mean you look at restaurants, Yeah,
you look at costs, materials, employees, distribution, borrowing money is insane. Well,
you can reduce those costs, reduce those headaches with NetSuite
by Oracle.
Speaker 2 (13:54):
NetSuite is the number one cloud.
Speaker 1 (13:56):
Financial system and what it does is bring accounting, financial
management inventory. If you do that HR into one platform,
your entire business goes onto one platform and everybody talks
to everybody else on this platform. NetSuite lives in the clouds,
so no hardware required can be excessed from anywhere.
Speaker 2 (14:17):
You're on vacation, and you're not having multiple systems.
Speaker 1 (14:20):
You've got one one system that runs everything, which improves
efficiency like crazy, and that slashes costs. It's not that complicated.
Thirty seven thousand companies have already made this move. So
visit NetSuite dot com slash handle, go to the website
and see if they can help you, and chances are
they can. Of course, it doesn't cost anything, no harm,
(14:41):
no foul on that one. NetSuite dot com slash handle,
Sweet as an office suitees NetSuite dot com slash handle.
Speaker 2 (14:50):
Hey Rod, welcome, Hi Bill, Yes, sir.
Speaker 6 (14:54):
Very good, thank you. We have an installed generator at
our house and I spoke at our generator company yesterday
over the phone, wanting to get a maintenance contract to
service it. Uh he quoted me literally seventy four to fifty. Oh,
hey man, that sounds great. Let's do it. And so
(15:15):
we get the credit card and the voice today at
seven thousand, four hundred and fifty am.
Speaker 1 (15:22):
I host not not necessarily well, let me ask you
what this is an annual contract to maintain your generator.
Speaker 6 (15:32):
Ten years. Yeah, twice a month, twice of a year.
Speaker 2 (15:36):
Twice a year for ten years.
Speaker 1 (15:39):
Yeah, and you thought you were getting that for seventy
four bucks.
Speaker 2 (15:43):
Yeah, seven dollars a year for twice a year.
Speaker 1 (15:48):
Three dollars and fifty cents for them to come out
to maintain your generator every time.
Speaker 6 (15:56):
Yeah. It sounded like he of a deal though.
Speaker 1 (15:58):
Yeah, no, it sounds no, it sounds ridiculous. Yeah, I
mean it's completely insane. So what you do is you
have a miss you have a misunderstanding, and you call
them up and say, uh uh, misunderstood, I want my
money back, and if they don't give you your money back,
depending how ethical they are, you call your credit card
(16:20):
company and.
Speaker 2 (16:20):
You dispute it. You say, hey, hey, hey, hang on, huge, huge.
Speaker 1 (16:25):
Disagreement, a misunderstanding, and if they haven't come out yet,
no harm, no foul.
Speaker 2 (16:33):
Right, okay, but let me, I mean, how, let me
ask you something.
Speaker 9 (16:35):
I mean, Rod, how can you possibly think that they're
going to come out once a year or twice a
year for seven dollars?
Speaker 6 (16:48):
I can't I can't justify that.
Speaker 2 (16:52):
No, no, you can't.
Speaker 1 (16:53):
So you were a completely delusional. I mean, you know,
no question, you're out of your mind. But at the
same time, you're able to cancel that based on a misunderstanding.
If they haven't come out, call your credit card company
instantly and dispute it. Well, first you call them and say, hey,
huge misunderstanding. Put the money back. I don't want the contract.
(17:15):
And if my for example, I have a maintenance contract
with an HVAC company where they come out once a
year and they check out, and I don't know what
the hell I pay for, you know, four hundred five
hundred bucks, you know, for them to come out, but
they go through it with a fine tooth comb and
why you know, is it probably overpriced?
Speaker 2 (17:36):
Yeah, maybe a little bit.
Speaker 1 (17:37):
But the beauty of that is if there is a
problem and it's one hundred and twenty degrees outside, I
get first priority.
Speaker 2 (17:44):
That's worth it for me.
Speaker 1 (17:45):
But no, it's not not three dollars and fifty cents.
Speaker 6 (17:49):
So well, that's that's you gave me a good smack
on the head. Well deserved.
Speaker 2 (17:54):
Yeah, no, that's okay, I mean you should you it's
so insane.
Speaker 1 (17:57):
You should be able to get out of it either
by way of them returning the money, which they should.
Speaker 2 (18:01):
If they're ethical, my company.
Speaker 1 (18:02):
Would or you simply dispute it and you tell your
you tell the credit card company.
Speaker 2 (18:08):
Uh uh, absolutely not. Oh that was great. I love
that one. Hi Johnny, welcome, Hey Bell, I'll.
Speaker 10 (18:16):
Yeah, go ahead, all right. So I was at a bar,
park right off front of the bar.
Speaker 2 (18:21):
And is that a joke? A couple of guys walk
into a bar? Okay, no, go ahead, you were at
a bar.
Speaker 10 (18:27):
Well, it kind of is a joke because I called
Triple A to tow me home or just you know,
because I loved the block away and instead of giving
me serious, they called the police on me. They called
the HP and I got arrested for DUI.
Speaker 2 (18:40):
Okay, hold on a second, I mean we're let's talk
about this. Were you drunk?
Speaker 11 (18:45):
Yeah, but I was.
Speaker 10 (18:46):
I was waiting for him to pick me up.
Speaker 2 (18:47):
Okay, were you in that? Were you in the car?
Speaker 6 (18:50):
Yeah?
Speaker 10 (18:50):
It was December seventh, it was cold, so I was
sitting waiting.
Speaker 2 (18:53):
Idiot, So you weren't driving it, all right?
Speaker 1 (18:56):
Okay, so the cops picked So the cops pick you up, okay,
and they rest.
Speaker 2 (19:00):
Yeah, and what happened to the case, I'm assuming the
case is dropped?
Speaker 10 (19:03):
Right, Well, I thought it. I got a public defender.
I thought it for six months. But they have we
subpoenad film, We subpoenaed film, and they couldn't show any
evidence that that I was driving.
Speaker 2 (19:12):
Okay, so they dropped the case.
Speaker 10 (19:14):
No I I had a plea no contest and I
was convicted.
Speaker 1 (19:18):
Why if they couldn't show any evidence, why didn't you,
with your public defender, say I'm going to fight this.
Speaker 10 (19:24):
We did for six months and I you know, I
just he said, We're not going to win this. We
don't have any evidence to prove your innocent.
Speaker 1 (19:29):
But you don't have to prove who whoa whoa whoa
A public defender tells you you don't have any evidence
to prove you are innocent.
Speaker 2 (19:39):
What are whatever happened to?
Speaker 1 (19:41):
Innocent until proven guilty?
Speaker 3 (19:45):
Exactly?
Speaker 1 (19:45):
All right, you got screwed by the public defender. Okay,
So now what's your what's your question?
Speaker 10 (19:50):
So my question is I had to pay that exact
same tow truck driver to get five hundred dollars to
get my car out the next way when I got
out of jail. Yeah, so I'm like, what a racket
he saw that?
Speaker 2 (20:01):
Yeah? And you're absolutely right You're absolutely right. What a racket?
So what's your question?
Speaker 10 (20:08):
So do can I? Can I get an attorney to sue.
Speaker 6 (20:10):
Him for now?
Speaker 2 (20:12):
What are your damages? What are your damages? What are
your damages?
Speaker 10 (20:16):
I got, I got convicted.
Speaker 2 (20:17):
That doesn't matter. That's your choice. That's your choice.
Speaker 10 (20:21):
Oh okay, well what about the simple conflict of interest
that I have?
Speaker 6 (20:25):
Triple A?
Speaker 2 (20:26):
That doesn't there's no conflict of interest? What do do
they own to not call the police?
Speaker 1 (20:31):
Hey, I saw him and I thought he was drunk
and I called the cops.
Speaker 2 (20:36):
Where's the content yet?
Speaker 5 (20:37):
But I called him to do to provide a doesn't It's.
Speaker 2 (20:40):
Not a content. He doesn't owe you a duty other
than to do the job. So I don't think there's
a content.
Speaker 10 (20:46):
Didn't he just do the job because he didn't?
Speaker 2 (20:49):
Because he didn't. That's that simple. It's a racket. You're
absolutely right. But it's a legal racket.
Speaker 10 (20:56):
Okay, So that's it.
Speaker 2 (20:57):
I mean, you're done.
Speaker 1 (21:00):
You know, I'm not going to sit there to argue
at all, right, Elsa, Hi, Elsa.
Speaker 12 (21:06):
Welcome, Hi Bill. I live next door to a homeowners
association where we share a fence, and they've notified me
that they're going to be replacing the fence, which is
a good thing. They've also notified me that I have
to trim everything with on my side of the fence
twenty four inches back away from their fence and give
(21:28):
them access to my property while they're installing the new fence.
The twenty four inches is fully landscaped, and I'm wondering
if I have if I can just say, you have
to deal with your side.
Speaker 2 (21:43):
Right, you can't out my side? Absolutely, I can't say that. Yeah,
of course you can say that.
Speaker 1 (21:47):
Now, if the only way they can put up their
fence is to walk on your property, then you probably
have the duty to let them do that, but not
to damage your life's landscaping. They are responsible for any
damage to your landscaping.
Speaker 12 (22:07):
So can I tell them? Did I have to be there?
Speaker 3 (22:11):
Sure?
Speaker 2 (22:13):
Of course you can't.
Speaker 12 (22:14):
Yeah, this fence is mounted on like this U bolt thing.
Speaker 2 (22:18):
Yeah, I understand.
Speaker 1 (22:19):
You know they want to They want to do it
at their expense, no problem. They want to do it
at their expense, and they're saying, the only way we
can do it is to walk on your property. That's
perfectly reasonable. You say I have to be there? Perfectly reasonable?
You say, any damage to my landscape is your problem.
That's fine. And for them to say you have to
(22:39):
cut back for twenty four inches, No, you can't tell
me what to do with my property. Why you're crazy?
Why not thirty six inches? Why not five feet? Why
ten feet?
Speaker 2 (22:50):
What difference does it make? So you're fine? Yeah, you
can do everything you want to do. There's absolutely no
question about that. H Hello Simon, good morning Bell.
Speaker 3 (23:05):
Yeah, Bill, I'm a senior citizen. Moved into this unit
back in twenty twelve with a roommates. We've been living
there since twenty twelve, current on rent. The property changed
(23:29):
hands back in twenty seventeen, and we both filled out
tenant estoppel certificate reflecting both names on the estapole.
Speaker 2 (23:44):
Okay, what is the estaple? What are they? Why would
you sign an estable? What was that.
Speaker 3 (23:48):
About the original owner who knew me and had had
knowledge that I moved into the units?
Speaker 2 (23:59):
Yeah, it doesn't matter.
Speaker 1 (24:00):
I'm still concerned about estoppel here, you know, why would
you what?
Speaker 2 (24:04):
What did you sign?
Speaker 6 (24:06):
Uh?
Speaker 3 (24:08):
The previous owners sold the property and apparently one of
the requirements in es crew was to get all the
tenants estoppel which we both filled out and submitted.
Speaker 2 (24:23):
Okay, I understand the an agreement to move out?
Speaker 3 (24:27):
No, no, no estopel who lived.
Speaker 10 (24:29):
In the units?
Speaker 1 (24:30):
I don't understand. Uh an estopel as to who lived
in the unit?
Speaker 2 (24:34):
I don't know.
Speaker 1 (24:35):
I don't understand what how that connects. I mean, I
don't what were you as stopped from doing?
Speaker 2 (24:42):
When you sign an.
Speaker 1 (24:43):
Estopel, you are as stopped, which means you cannot do something.
Speaker 2 (24:47):
What is it that you cannot do that you agreed to?
Speaker 6 (24:52):
Uh?
Speaker 3 (24:53):
The estopol was basically to uh, uh indicate who lives
in the unit.
Speaker 2 (25:00):
Wait a second, that's not an estop ale.
Speaker 1 (25:02):
That's just a new lease that says here's who lives
in the unit. I know, I don't know where that's
going to go, but that's nice for that. You know,
there's something I'm missing there?
Speaker 2 (25:14):
Clearly, Hello Ralph, what can I do for you?
Speaker 4 (25:18):
Hi?
Speaker 3 (25:18):
Bill?
Speaker 5 (25:18):
I have a friend who was financed by a car
dealership for the purchase of a used vehicle. This was
back in two thousand and one. So now fast forward
twenty two years later. They have found him and have
started garnishing his wages to pay off the loan.
Speaker 2 (25:36):
Okay, how is that? Hang on a minute, how long
ago was this?
Speaker 5 (25:41):
This was back in two thousand and one.
Speaker 1 (25:43):
Okay, two thousand and one, and they got a judgment
against him clearly, then they went ahead and I guess
that's good for ten years. I'm assuming this is California,
and then it's good for another ten years. So I yeah,
I gotta tell you, way past the statute. So I
don't know how they're garnishing wages because that's an illegal garnishment.
Speaker 5 (26:07):
Interesting, okay, And he did contact a bankruptcy lawyer explain
the situation. The bankruptcy lawyer says, well, you can claim bankruptcy.
You may want to contact this financial institution and make
a deal to pay it off or make payments as
opposed to garnishment. But in a letter from the bankruptcy
(26:28):
attorney to my friend, it stated, do not disclose to
the financial institution you may consider bankruptcy. Okay, if the
financial institution were to find out he wanted to do that,
are there any repercussions now?
Speaker 2 (26:42):
No, absolutely none, Nope, nope, no repercussions. He can say
whatever the hell he wants. Okay, yeah, he can't. But
I'm but going back, I mean, you know, that's an
easy one.
Speaker 9 (26:53):
No one.
Speaker 1 (26:53):
You don't have to tell anybody anything unless you have
a duty to tell them.
Speaker 2 (26:56):
There's no duty here. I'm just interested in and how
twenty three.
Speaker 1 (27:01):
Years later they're garnishing wages that one I'm interested in.
And you may want to talk to or he may
want to talk to a debtor creditor attorney because I
don't understand on what basis at this point.
Speaker 5 (27:15):
Hey, creditor attorney, Yeah, debtor.
Speaker 2 (27:17):
Turry and just look it up and you can just
research the whole thing.
Speaker 1 (27:20):
Statute limitations, judgment statute of limitations.
Speaker 2 (27:24):
Yeah, because I just don't get it for sure. Oh,
let me see where I want to start, Okay, Joseph, Hi, Joseph, welcome.
Speaker 11 (27:35):
Hi Bill, Yes, sir, thanks for thanks for all the
good advices wanted to tell. Yeah, Hey, you got some
good good stuff there for sure. You know, I talked
to you a couple of years ago, I think, or
maybe a year ago. I'm not sure exactly how long
ago it was, but it was regarding a restaurant that
used to own about fifteen twenty years ago. It used
to be open, so it's been that long since been open,
(27:56):
but since then I've kind of repackaged the whole concept
and kind of gone through and just kind of revitalize
and trying to just do a new like reboot of
the restaurant. It's a Mexican restaurant. It's a dual kitchen
kind of fun, uh Mexican restaurant, that kind of thing.
But anyways, the question is, and you know, I think
last time you told me just go for it, you know,
(28:16):
because we basically are looking to open soon. We actually
have a business partner that wants to get involved with us.
But issue is, I think you told me last time,
no big deal. But there's a like a trademark involve
with a different same name, but different difference.
Speaker 1 (28:35):
Okay, did you sell a second when you talk about
the trademark involved?
Speaker 2 (28:38):
You're gonna open the restaurant.
Speaker 1 (28:40):
That sounds like a trademark name that's already out there, right.
Speaker 11 (28:46):
Yeah, so we used to own it, but we weren't
part of the trademark. That was another restaurant in another state.
But it has the same name. Okay, and our family
basically used to own it like way back when, is
all right?
Speaker 2 (28:57):
So well, okay, got it? So what's your question Joseph, the.
Speaker 11 (29:00):
Question is, I mean, I don't want to get into
like any issues with that.
Speaker 1 (29:05):
You know, say, okay, let's make it easy, all right.
If there is a restaurant that has that name that
is in business, then you're going to have a huge problem, right,
you know, you just you're going to because unless they're
in a different area completely, and unless they're on the
(29:27):
East Coast, for example, where there can be no confusion,
but you can't.
Speaker 2 (29:32):
Yeah, for example, you know McDonald's, all right, which is
a ridiculous name. But you come up with.
Speaker 1 (29:41):
A name that's close to McDonald's and you have arches
or whatever, and you want to it's close enough.
Speaker 2 (29:48):
That's what you have to worry about.
Speaker 1 (29:49):
If it is close enough, you can't use the name
itself because that's copyrighted. But if it is close enough
to cause confusion in the same market, you've got some problems.
You're going to get a cease and desist. Are they
out there? Is the new name out there?
Speaker 11 (30:05):
So we haven't ventured out and we haven't started.
Speaker 2 (30:08):
But no, I understand.
Speaker 1 (30:09):
But the name is it's another Mexican restaurant that's running
around with the name that you want to basically copy.
Speaker 11 (30:14):
Well, the other one's just been established kind of like
the same about the same amount of time that we
had been but we closed since then, is what I'm saying.
Speaker 2 (30:21):
All Right, So they're the ones who has the copyright.
Who has the copyright? They so they own the copyright, all.
Speaker 1 (30:27):
Right, So you're going to be using a name that
they've copyrighted. You think it's a good idea.
Speaker 11 (30:32):
Well, I mean we used to be in business, though.
Speaker 2 (30:34):
It doesn't matter. They own the copyright, it doesn't matter.
Speaker 1 (30:38):
And since and by the way, since it's how long
you've been out of business, Joseph.
Speaker 11 (30:44):
It's been a little over fifteen years.
Speaker 2 (30:46):
Oh, then you just come up with another name. Yeah,
I just come up with another name, you know.
Speaker 1 (30:51):
I mean, you're gonna get into that cease and desist lawsuits?
Speaker 2 (30:54):
Who needs that? Bye? Quickly?
Speaker 1 (30:57):
Oh, talk about restaurants, Tom, a Mexican restaur You come
out of a Mexican restaurant and you smell like, well,
a Mexican restaurant, and all your breath smells like that,
And what do you want to do about it? Well,
if you care about people smelling your breath, then you
may want to consider Zelman's minty mouth mints far more than.
Speaker 2 (31:15):
Just a mint.
Speaker 1 (31:16):
You pop a couple in your mouth, there's a minty
coating and you suck on that, and when the minty
coating is gone, and that happens over a few minutes,
then you swallow your bite into the capsule. And this
is where they really get to work, because Zelemen's minty
mouthmonts is far far more than just a mint. It
goes into your gut and it gets to work there.
And other Men's don't do this because bad breath, garlic
(31:38):
onions and by the way, that's a lot of Mexican
food there. Bad breath can start there stay there, and
Zelman's Minty Mouthmens takes care of that one hundred percent.
Speaker 2 (31:48):
On top of that, you just feel good.
Speaker 1 (31:50):
You just feel fresh and clean and wonderful and above
your waist, you know what I'm talking about. That's Zelman's
Minty Mouthmen. So free shipping if you order multiple packs,
money back garrantee which you're never gonna use and you're
gonna want more packs, I know that. Go to Zelman's
dot com Z E L M I N S. Zelman's
(32:11):
dot com fifteen percent off when you use the code
handle at check out and take advantage of that. Zelman's
z E L M I N S zelmans dot com.
And as I said earlier, I am still taking phone calls.
I'll be doing it off the air as soon as
I lock out. So for those of you that are
on hold, stay put. I will get to your phone
(32:32):
calls and do it quickly because there are no breaks,
no commercials, no news, no weather, no traffic, and no patience.
So you put all of that together and we're gonna
be zipping through the phone calls. Eight hundred five two
zero one five three four. Eight hundred five two zero
one five three four. This is handle on the law
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