Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:00):
Phone number eight hundred five two zero one five three
four as always morning, first hour, always the best time
to call, because that's when the lines are wide open,
and the number is eight hundred five two zero one
five three four. Eight hundred five two zero one five
(00:20):
three four lines wide open for you, and so you're
not going to hear a busy signal, which sometimes you
do for a while. I mean there are days when
now we are jammed for two hours and you can't
get in, and then there are days when the lines
are fairly open and it's a crapshoot. But when we
start the show, always, always we have phone lines open.
(00:42):
Eight hundred five two zero one five three four is.
Speaker 2 (00:47):
The number two call.
Speaker 1 (00:50):
This is handle on the Law, Marginal Legal advice, where
I tell you have absolutely no case. This is a
story that we covered and this is at a northern
California farm and there was this little girl named well,
we don't have her name actually, but we have her
mom's name, Jessica Long. And Jessica Long was part of
(01:15):
the Age Club right where they grow animals and then
they sell them at auction, and these little kids learn
how to be farmers, and they learn how to be ranchers,
and then they have these little dogs, or not dogs.
They have goats, and they have sheep and they have
cows and they raise them and then they sell them
(01:35):
and eat them. I guess I don't know how, but
they do in any case. So there's this little goat
named Cedar, and Cedar was raised at this northern California
farm owned by Jessica's mom or owned by Jessica, and
it's actually her daughter's goat. And so they deliver Cedar
(01:59):
to the shafts the county fair officials and said, here
is Cedar, the goat, and we're going to auction it
off like they do well. The little girl says, wait
a minute, I fell in love with this goat. I
want it back because I wanted to be part of
my family. Little nine year old girl pleading the Shasta
(02:21):
County Fair officials say no, no, you.
Speaker 2 (02:24):
Don't own the goat. We own the goat.
Speaker 1 (02:27):
You gave it to us to sell at auction, and
we are going to sell the goat.
Speaker 2 (02:33):
And this little girl says, no, please, it's my goat.
It's Cedar.
Speaker 1 (02:39):
And they basically said, no goat for you, okay, So
off it goes to auctioned off, and before you know it,
cedar is a part of goat stew somewhere and some
family really likes goat and cedar is gone. In the meantime, obviously,
(03:04):
everybody's upset, and the little girl sues through her mother,
sues the Shasta County Fair and Shasta County and says,
you know you can't do this to me. I'm a
little nine year old girl, and I changed my mind.
And their defense was, no goat for you. A deal
(03:25):
is a deal. We shook pause on it. Okay, here
comes the lawsuit, and somebody in the Shasta County I
guess would be part of the District Attorney's office city
the County attorney's office realized that if they go to
court and they put this little girl on the stand
(03:50):
and in front of a jury, she starts crying about
how they took her goat and made a little girl
so unhappy, arguing that, hey, a deal is a deal.
Speaker 2 (04:02):
Somebody got the idea this is not going to go
well in front of a jury.
Speaker 1 (04:07):
They settle for. They settle for three hundred thousand dollars.
Three hundred thousand dollars. Now I don't care how much in.
Speaker 2 (04:16):
Love with a goat.
Speaker 1 (04:17):
I am for three hundred grand. You can take my
goat any time. You can barbecue the goat. You can
barbecue the goat in front of me. You can feed
it to my family. You can make or dervs out
of the goat, and I'll throw a party. Three hundred thousand.
Speaker 2 (04:35):
Dollars buys you a lot of goat goes to show
you sometimes you have to. You have to look at reality.
You know, Well, we're willing to go to trial for
with a little girl.
Speaker 1 (04:49):
Screaming about how Shasta County destroyed her life. All right, Johnny, Hello, Johnny,
Welcome to the program.
Speaker 3 (04:57):
Welcome, welcome bill. Yeah, the cooling off period. I'm purchasing
a new or used car. This is what I don't get.
Once you sign the paperwork, the cooling period doesn't work.
Speaker 2 (05:10):
That's right.
Speaker 1 (05:11):
There is no cooling off period for automobiles. Doesn't exist. Okay,
but consumer services exist. You know, you're putting a fence in,
you're putting a you're buying a water conditioning system, three
days cooling off system.
Speaker 3 (05:28):
Not when it comes to cars, Okay, not when it
comes to cars. So then why do why why did
God invent lawyers who are who are promoting this like Lemon.
Speaker 1 (05:38):
Law, because there's a Lemon law on top of that. Okay,
you have no cooling off period. But then you buy
the car and the car doesn't work, and instead of
returning the car and saying I want a car back
or at my car, my money, you have to basically
sue the company. That's just the way the law works.
And so you file under the Lemon law. Here in
(06:00):
California there is the Lemon law. Other states have similar laws.
And the reason there's no cooling off period because as
you drive the car off the lot, it's registered already,
it's been filed with the state. That second, you have
a used car. That moment you have a used car,
and that's what it's worth. You buy a new car,
(06:21):
you drive it off the lot as a used car,
and the value drops.
Speaker 3 (06:25):
Okay, so you're dealing with these lawyers that work for
these big, huge car companies.
Speaker 2 (06:31):
No you don't. No, yeah, you're talking about on behalf
of the car companies.
Speaker 3 (06:36):
Yeah, because when you file a suit, yeah yeah, lawyers,
yeah you do, and yeah, and the lawyers are basically
their their whole they're coming from this point they're going
to say, hey, look at we're going to fight for
the car companies.
Speaker 2 (06:52):
Yeah, of course they are.
Speaker 1 (06:53):
They represent the car companies, Johnny.
Speaker 2 (06:56):
The lemon law lawyer.
Speaker 1 (06:58):
Represents, uh, the guy who buys the car who's unhappy
and has a lemon, and then the lawyers on the
other side, I represent the car companies.
Speaker 2 (07:06):
That's how the law works, Johnny. What what do you
have a problem with our legal system?
Speaker 4 (07:11):
No?
Speaker 3 (07:11):
No, no, I don't have a problem the legal odd
your question this is okay, this is my question.
Speaker 5 (07:17):
Okay, you say that a lot, Bill, you kind of.
Speaker 3 (07:19):
Pissed me off to Okay, Okay, this is what I'm
trying to say. I'm trying to say that, uh, when
you're suing these car companies, uh a handle under the law,
you have these lawyers, Yeah, I do. And okay, And
are the lawyers are they successful? Are they successful?
Speaker 2 (07:40):
A good a good Lemon law lawyer is very successful. Yes, yeah, Okay, Right.
I don't know where you're going with that, but that
was a weird call to say the least.
Speaker 1 (07:51):
Oh gosh, uh Tom, Hi Tom, welcome.
Speaker 6 (07:56):
Hey Bill transplant California, now living in Florida, and my
wife and I bought a piece of property that was
undeveloped on the water a couple of years ago, and
we have yet to build on it, but we have
completely landscaped, put in putting green and a nice bridge
(08:19):
over the little creek, and we've put in forever lawn
and it's really a beautiful People think it's a park. Well,
thirty five and forty pine trees, these beautiful majestic pine
trees are part of the landscape and they were in
good shape when we bought the property. But within the
(08:41):
past year, the next door neighbor his home was infested
with termites, I guess insects that took off all the
facure on the outside and all the wooden part of
the outside of his home. It's been an ongoing the
peer problem for the past couple of months now. My
(09:04):
beautiful thirty five and forty foot pine trees now have
become diseased and from insect infestation, and the homeowners association
said they've got to be removed. If you don't remove them,
we'll come in and remove.
Speaker 5 (09:18):
Them for you.
Speaker 3 (09:19):
Okay, safety you have, Okay.
Speaker 6 (09:22):
So my question is can there a line be drawn?
Can I hold my neighbor responsible for that.
Speaker 2 (09:31):
Okay, I understand, that's a very good question. Here's the problem.
Speaker 1 (09:34):
You've got to prove that your infestation was because of
his infestation, and his says, you know, it could be
any place. Termites fly all over the place, and you
have a hard time.
Speaker 6 (09:50):
My property if my property produced the turmites that damage
his home.
Speaker 2 (09:57):
Oh okay.
Speaker 1 (09:57):
And the homeowner association wants you to to take down
your trees.
Speaker 2 (10:01):
Of course they can't. They can. They have the right to.
Speaker 1 (10:03):
Do that because you're gonna infest everybody.
Speaker 2 (10:05):
Else in the neighborhood. Sure they have the right to
do that.
Speaker 6 (10:08):
So I'm just wondering if I have an arbrist to
come out and examine the trees and such. But they
did that when we bought the property and they were flying.
Speaker 1 (10:19):
Okay, so I got infested before that or after that. Yeah,
you're screwed.
Speaker 2 (10:22):
You got to You.
Speaker 1 (10:23):
Definitely have to take off to get rid of those
bugs and the neighbor. The day, the neighbor might go
after you saying, hey, my trees are screwed because of
your trees. All right, talking about your business for just
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Speaker 2 (10:45):
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handle Robert, Hello, Robert, welcome.
Speaker 3 (11:46):
Good morning.
Speaker 2 (11:47):
Yes, what can I do for you?
Speaker 7 (11:49):
Yes? I got a letter from a collection agency. This
was about ten years ago when I had the student loan.
I paid it off. Now this letter I don't recognize,
And what's my best route of dealing with this?
Speaker 2 (12:04):
Yeah, it's probably just a small it's a scam.
Speaker 1 (12:07):
If you have the proof that you've paid it off,
no one's going to do anything. They're not going to
take you to court, they're not going to ding your credit.
You have the proof, and it's a big violation. It's
a federal violation if they deal with that. So yeah,
just ignore it. They're scam upon scam upon scam.
Speaker 2 (12:25):
I mean you can call them.
Speaker 1 (12:26):
It's obviously a letter that's been generated by some algorithm.
Speaker 2 (12:31):
Is there a name on it? Is there a phone
number on it?
Speaker 5 (12:34):
Yes? There is.
Speaker 7 (12:35):
I got it just yesterday, very late in the evening,
so I can't call.
Speaker 1 (12:40):
You can call on Monday and just say hey, I've
paid this off and now what that's fine? And they go, oh, oh,
we want the proof. Okay, you say you said them
a proof, take a snap shot, or you take a
screenshot and boom send it to them and say it's
been a pleasure, or you ignore it. Either way you're
gonna go Kate Ted years paid it off. They're not
going to any place. You're fine us with it?
Speaker 6 (13:00):
Uh?
Speaker 2 (13:01):
Yeah, I hate that, you know.
Speaker 1 (13:02):
I get scams like that constantly, all of us do.
The big ones that I get is, uh, you know
your your your package is ready for pickup? Doesn't it
say where? It just says it's ready for pickup. By
the way, I have no package that's waiting for me
and click here? Oh really, are you going to click there?
Speaker 2 (13:27):
You are not? Absolutely not?
Speaker 3 (13:32):
Arthur, Hi, Arthur, Hello, good morning.
Speaker 2 (13:37):
Yes, what can I do for you?
Speaker 5 (13:38):
Arthur? Okay?
Speaker 8 (13:40):
So I bought a motel, an old motel in the
current county tax sale, and I called the treasure tax
collector and asked them if there were any leans and encumbrances.
They said no, there weren't. And I asked called the
code Compliance and asked them if there were any actions
(14:03):
against the property, any you know, any issues like that.
They said no, there weren't.
Speaker 6 (14:09):
And so I.
Speaker 8 (14:10):
Bought the property for twenty five thousand dollars And that
was an April. So last week I checked my tax
bill and there's a forty thousand dollars bill for abatement.
And I just don't know. I don't think that's you know,
I don't think it's fair for them to wait until
(14:30):
after the sales to put that, you know, that charge
on my tax bill?
Speaker 2 (14:34):
Okay?
Speaker 1 (14:34):
Did charge come after they said there's a there's no
lean on it? Yes, Okay, so now you're dealing. I mean,
there's no lean on it. Now you have an abatement?
Speaker 2 (14:46):
Do they's? Just is that explained at all?
Speaker 8 (14:50):
I haven't looked into it far enough. I just found
out about it.
Speaker 2 (14:53):
Okay.
Speaker 1 (14:53):
You want to look at when that happened, where that happened,
and the problem is one of the things.
Speaker 2 (14:58):
You can do. I'm assuming you didn't by title insurance.
Speaker 8 (15:02):
Well, of course not, it's a county tax sale.
Speaker 1 (15:05):
Yeah, but yeah, I don't even know if you can
buy title insurance.
Speaker 2 (15:11):
You know.
Speaker 1 (15:11):
The other The only thing I can think of is
you find out why. I don't know if they can
put it on afterwards. I have no idea how that works.
But if it turns out they can and it's hello surprise,
then unfortunately, I think you have to hire a lawyer
to undo forty thousand dollars, or you go through an
(15:31):
appeals process where you argue exactly what you're.
Speaker 2 (15:34):
Arguing with me. And you're probably gonna lose, and then
you go.
Speaker 1 (15:37):
Through a secondary appeal process because when an administrative decision
is made, you can't just go to court. The law
says you have to go through the various levels of appeals.
You have to quote exhaust your administrative remedies, so you
get to find out what it's about before anything else, and.
Speaker 2 (15:55):
Then you may have to hire a lawyer on that.
I mean, that happens, that seems a little say, was
a little rough Dennis Hi Dennis.
Speaker 8 (16:08):
Issue with the property I purchased.
Speaker 4 (16:11):
So if I purchased a property with a partner, he
had no credit, no verifiable income. It was for a
grow up north. So I purchased the property, took on
the loan, and with a substantial portion of the income
that that property is going to generate. It was put
into a trust with my wife and I and his
(16:32):
life and him. They have since started the divorce process
and it's pretty nasty. Can't get a hold of her
in regards to this property. So it's in a trust
with him and her and my wife and I. If
we can't get a hold of her, get her to
respond to this trust so that we can sell this property.
(16:53):
What avenues do we have?
Speaker 5 (16:54):
Do we have?
Speaker 2 (16:55):
You can force the sale. You can force the sale
datas as call a.
Speaker 1 (16:58):
Partition and partition and an attorney for that.
Speaker 2 (17:05):
How much is the property worth?
Speaker 4 (17:08):
Three close to four hundred thousand, three ninety or so?
Speaker 2 (17:12):
Yeah, I probably would.
Speaker 1 (17:15):
I mean if it's a small piece of property, but
you know, four hundred thousand, three hundred and ninety thousand
some serious money.
Speaker 2 (17:21):
I mean, you can do it on your own.
Speaker 1 (17:22):
Because the partition is fairly easy procedurally. I mean, there's
not going to be a contest though. You can't sell it.
You have the right to sell it. And you have
to serve her now because she's not around. You have
to make reasonable attempts to find her, and if you cannot,
(17:44):
then you can go forward and a judge will say
go ahead and do it reasonable attempts. Is where she
last lived all her previous addresses?
Speaker 2 (17:55):
I would I'm sorry, like across the hiring No, no, no,
well no, no, nope.
Speaker 1 (18:02):
You have to find out if you a process server
is just going to go to an address you give her,
you give the process server.
Speaker 2 (18:09):
You have to just.
Speaker 1 (18:11):
Try to find her because you're going to go in
front of the court and say I've tried to find
her and I can't. Then there is a mechanism by
which you can serve her under the law, and you
publish it.
Speaker 2 (18:23):
You take a circular.
Speaker 1 (18:25):
Of general population or a general circular I forgot what
they call it, that anybody can have, and you just
take out ads. And I still think that works. It's
been a long time since I've dealt with it. And
you actually ask whatever local newspaper, can I do a
service by taking on an ad?
Speaker 2 (18:46):
Not it's in the classified section. It's very small.
Speaker 1 (18:49):
I think you do those three weeks in a row
and that's considered service.
Speaker 2 (18:54):
And then you're in front of a judge. You have
to just look up the words, look up the rules.
Speaker 1 (18:58):
Of service, and then you walk in and you ask
for a partition, and the judge will give you the
right to sell the house.
Speaker 4 (19:06):
We'll say we weren't going to sell the home. Is
there also a mechanism to get her off the trust? No?
Speaker 2 (19:11):
No, no, no, she owns the trust. Trust, she own
for the rest of her life.
Speaker 1 (19:17):
Even if you can't, even if you can't, if you
can't find.
Speaker 4 (19:22):
Her, No, the only way to get rid of her
is to sell the home and get partitions.
Speaker 2 (19:26):
Yeah, ors buy her out if you can find her.
Speaker 1 (19:29):
Yeah, the only way I know is to get rid
of her that way, she's an owner. There's no way
around it. Phone number eight hundred five two zero one
five three four. We have lines open eight hundred five
two zero one five three four for marginal legal advice.
It's always good. Well, it's always entertaining. Eight hundred five
(19:51):
two zero one five three four.
Speaker 2 (19:53):
Mike, Hello, Mike, Hello, Mike, Mike.
Speaker 5 (19:56):
Yes, yes, I had a question. But we she took
somebody these small claims. It was a toying company, good
permission to be there, They told me two hours after
a park and we went and took them the small claims,
and the rules are that they can get four times
the amount of whatever damage is and stuff like that.
But also it says that that if you're the plane,
(20:18):
if you cannot appeal if the defendant wins, but if
the defendant loses, he can appeal it. Yeah, but it
also says that there there needs to be some kind
of reason why they appeled it, like no, we can.
Speaker 2 (20:30):
Just ask for a trial to novo just says I
want to appeal it.
Speaker 5 (20:34):
We won the first one.
Speaker 1 (20:36):
And so imagine, here's what's going to happen. He appeals it,
and you're going to do the same trial.
Speaker 5 (20:41):
Well we already did that. Well, what I'm saying is
he wouldn't have killed it, and he won, and the
judge did not want to take any of the information
or the.
Speaker 2 (20:48):
Yeah, that happens. So you win the first time, he
wins the second time. Correct. Yeah, Yeah, that's the final.
That's it.
Speaker 5 (20:57):
That's it. You can't against Yeah, that's really yeah, yeah
it is.
Speaker 2 (21:02):
Those are the rules of small glames. How much did
you sue for?
Speaker 5 (21:06):
Well, a lot of vehicles. I count afford to get
it out. So we went for gen grant and uh
and the first judge wrote out why, she figured out
why we were in the right, and the other judge
didn't write nothing.
Speaker 2 (21:16):
He just doesn't have to.
Speaker 1 (21:17):
It's a trial as it is. It's as if the
first trial doesn't even it doesn't even exist. How much
was the vehicle worth?
Speaker 5 (21:25):
It was worth six rd.
Speaker 2 (21:26):
Okay, and they gave you and they judge gave you
ten grand.
Speaker 5 (21:29):
Yeah, verse one. Yes. And I was reading where where
you once we go to superior court so that you
can actually appeal anything.
Speaker 1 (21:36):
Yeah, you can't, but you have to kick it up
to superior court.
Speaker 2 (21:40):
You have the right to make a motion to kick
it up to superior court. And you didn't do that.
Speaker 5 (21:45):
Well no, first it was a municipal and then when
it when it they appealed it. It went to the the
next one.
Speaker 1 (21:51):
So yeah, now you can't. Now I don't think you
can appeal it now. Get I think they're done.
Speaker 2 (21:58):
I think you're done.
Speaker 1 (22:00):
Oh Tom, Hello Tom, welcome, Hey Bill, how are you doing?
Speaker 2 (22:05):
Yes, sir, what can I do for you? So about
a year.
Speaker 9 (22:09):
I'm my landlord and renting a house in La County
and we had a kind of crappy tenant, but we
put them, put up with them, and never evicted him.
And about a year and a half ago he moved out.
We gave him an extended lease for three months and
so we thought it was this cool, you let the
(22:30):
pace kind of crappy, and we deducted some of his deposits,
gave him a list, and then a few days ago
we got an email from him saying he's suing us
for twelve two hundred dollars in small claims.
Speaker 1 (22:43):
Well, first of all, it's only ten thousand dollars but okay,
suing you for twelve thousand, five hundred dollars, all right
for what breach?
Speaker 9 (22:48):
I thought it's fifteen thousand.
Speaker 2 (22:50):
Now worrying it? You're California is ten thousand dollars? Yeah, yeah,
and I wouldn't worry about it. First of all, at
this point, he just emailed you. And what you have
to do now is file. You have to answer the complaints. Okay, yeah,
you have to.
Speaker 1 (23:09):
Oh, he's gonna have to serve you. He's gonna have
to give you a lawsuit. You have to be personally served.
Speaker 9 (23:16):
Email doesn't work, so it's just like a special email
says something like greens or or something, and.
Speaker 1 (23:23):
Now no, nope, you gotta have personal service. You can
say whatever he wants. So you have to be personally served.
Then you have thirty days to answer the suit and
push comes to shove. You're in front of a judge,
and if he is smart, he'll go to small small
claims court because otherwise he has to go to superior court.
And that's you know, judges, the superior court, they don't
(23:45):
like small claims cases. And that's what this is. That
should be a small claims case. So right now you're fine,
right now, don't worry about people threatening to sue is.
Speaker 2 (23:58):
I mean, it happens all long. Now Today I am
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(25:12):
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law
Phone number eight hundred five two zero one five three
four as always morning, first hour, always the best time
to call, because that's when the lines are wide open,
and the number is eight hundred five two zero one
five three four. Eight hundred five two zero one five
(00:20):
three four lines wide open for you, and so you're
not going to hear a busy signal, which sometimes you
do for a while. I mean there are days when
now we are jammed for two hours and you can't
get in, and then there are days when the lines
are fairly open and it's a crapshoot. But when we
start the show, always, always we have phone lines open.
(00:42):
Eight hundred five two zero one five three four is.
Speaker 2 (00:47):
The number two call.
Speaker 1 (00:50):
This is handle on the Law, Marginal Legal advice, where
I tell you have absolutely no case. This is a
story that we covered and this is at a northern
California farm and there was this little girl named well,
we don't have her name actually, but we have her
mom's name, Jessica Long. And Jessica Long was part of
(01:15):
the Age Club right where they grow animals and then
they sell them at auction, and these little kids learn
how to be farmers, and they learn how to be ranchers,
and then they have these little dogs, or not dogs.
They have goats, and they have sheep and they have
cows and they raise them and then they sell them
(01:35):
and eat them. I guess I don't know how, but
they do in any case. So there's this little goat
named Cedar, and Cedar was raised at this northern California
farm owned by Jessica's mom or owned by Jessica, and
it's actually her daughter's goat. And so they deliver Cedar
(01:59):
to the shafts the county fair officials and said, here
is Cedar, the goat, and we're going to auction it
off like they do well. The little girl says, wait
a minute, I fell in love with this goat. I
want it back because I wanted to be part of
my family. Little nine year old girl pleading the Shasta
(02:21):
County Fair officials say no, no, you.
Speaker 2 (02:24):
Don't own the goat. We own the goat.
Speaker 1 (02:27):
You gave it to us to sell at auction, and
we are going to sell the goat.
Speaker 2 (02:33):
And this little girl says, no, please, it's my goat.
It's Cedar.
Speaker 1 (02:39):
And they basically said, no goat for you, okay, So
off it goes to auctioned off, and before you know it,
cedar is a part of goat stew somewhere and some
family really likes goat and cedar is gone. In the meantime, obviously,
(03:04):
everybody's upset, and the little girl sues through her mother,
sues the Shasta County Fair and Shasta County and says,
you know you can't do this to me. I'm a
little nine year old girl, and I changed my mind.
And their defense was, no goat for you. A deal
(03:25):
is a deal. We shook pause on it. Okay, here
comes the lawsuit, and somebody in the Shasta County I
guess would be part of the District Attorney's office city
the County attorney's office realized that if they go to
court and they put this little girl on the stand
(03:50):
and in front of a jury, she starts crying about
how they took her goat and made a little girl
so unhappy, arguing that, hey, a deal is a deal.
Speaker 2 (04:02):
Somebody got the idea this is not going to go
well in front of a jury.
Speaker 1 (04:07):
They settle for. They settle for three hundred thousand dollars.
Three hundred thousand dollars. Now I don't care how much in.
Speaker 2 (04:16):
Love with a goat.
Speaker 1 (04:17):
I am for three hundred grand. You can take my
goat any time. You can barbecue the goat. You can
barbecue the goat in front of me. You can feed
it to my family. You can make or dervs out
of the goat, and I'll throw a party. Three hundred thousand.
Speaker 2 (04:35):
Dollars buys you a lot of goat goes to show
you sometimes you have to. You have to look at reality.
You know, Well, we're willing to go to trial for
with a little girl.
Speaker 1 (04:49):
Screaming about how Shasta County destroyed her life. All right, Johnny, Hello, Johnny,
Welcome to the program.
Speaker 3 (04:57):
Welcome, welcome bill. Yeah, the cooling off period. I'm purchasing
a new or used car. This is what I don't get.
Once you sign the paperwork, the cooling period doesn't work.
Speaker 2 (05:10):
That's right.
Speaker 1 (05:11):
There is no cooling off period for automobiles. Doesn't exist. Okay,
but consumer services exist. You know, you're putting a fence in,
you're putting a you're buying a water conditioning system, three
days cooling off system.
Speaker 3 (05:28):
Not when it comes to cars, Okay, not when it
comes to cars. So then why do why why did
God invent lawyers who are who are promoting this like Lemon.
Speaker 1 (05:38):
Law, because there's a Lemon law on top of that. Okay,
you have no cooling off period. But then you buy
the car and the car doesn't work, and instead of
returning the car and saying I want a car back
or at my car, my money, you have to basically
sue the company. That's just the way the law works.
And so you file under the Lemon law. Here in
(06:00):
California there is the Lemon law. Other states have similar laws.
And the reason there's no cooling off period because as
you drive the car off the lot, it's registered already,
it's been filed with the state. That second, you have
a used car. That moment you have a used car,
and that's what it's worth. You buy a new car,
(06:21):
you drive it off the lot as a used car,
and the value drops.
Speaker 3 (06:25):
Okay, so you're dealing with these lawyers that work for
these big, huge car companies.
Speaker 2 (06:31):
No you don't. No, yeah, you're talking about on behalf
of the car companies.
Speaker 3 (06:36):
Yeah, because when you file a suit, yeah yeah, lawyers,
yeah you do, and yeah, and the lawyers are basically
their their whole they're coming from this point they're going
to say, hey, look at we're going to fight for
the car companies.
Speaker 2 (06:52):
Yeah, of course they are.
Speaker 1 (06:53):
They represent the car companies, Johnny.
Speaker 2 (06:56):
The lemon law lawyer.
Speaker 1 (06:58):
Represents, uh, the guy who buys the car who's unhappy
and has a lemon, and then the lawyers on the
other side, I represent the car companies.
Speaker 2 (07:06):
That's how the law works, Johnny. What what do you
have a problem with our legal system?
Speaker 4 (07:11):
No?
Speaker 3 (07:11):
No, no, I don't have a problem the legal odd
your question this is okay, this is my question.
Speaker 5 (07:17):
Okay, you say that a lot, Bill, you kind of.
Speaker 3 (07:19):
Pissed me off to Okay, Okay, this is what I'm
trying to say. I'm trying to say that, uh, when
you're suing these car companies, uh a handle under the law,
you have these lawyers, Yeah, I do. And okay, And
are the lawyers are they successful? Are they successful?
Speaker 2 (07:40):
A good a good Lemon law lawyer is very successful. Yes, yeah, Okay, Right.
I don't know where you're going with that, but that
was a weird call to say the least.
Speaker 1 (07:51):
Oh gosh, uh Tom, Hi Tom, welcome.
Speaker 6 (07:56):
Hey Bill transplant California, now living in Florida, and my
wife and I bought a piece of property that was
undeveloped on the water a couple of years ago, and
we have yet to build on it, but we have
completely landscaped, put in putting green and a nice bridge
(08:19):
over the little creek, and we've put in forever lawn
and it's really a beautiful People think it's a park. Well,
thirty five and forty pine trees, these beautiful majestic pine
trees are part of the landscape and they were in
good shape when we bought the property. But within the
(08:41):
past year, the next door neighbor his home was infested
with termites, I guess insects that took off all the
facure on the outside and all the wooden part of
the outside of his home. It's been an ongoing the
peer problem for the past couple of months now. My
(09:04):
beautiful thirty five and forty foot pine trees now have
become diseased and from insect infestation, and the homeowners association
said they've got to be removed. If you don't remove them,
we'll come in and remove.
Speaker 5 (09:18):
Them for you.
Speaker 3 (09:19):
Okay, safety you have, Okay.
Speaker 6 (09:22):
So my question is can there a line be drawn?
Can I hold my neighbor responsible for that.
Speaker 2 (09:31):
Okay, I understand, that's a very good question. Here's the problem.
Speaker 1 (09:34):
You've got to prove that your infestation was because of
his infestation, and his says, you know, it could be
any place. Termites fly all over the place, and you
have a hard time.
Speaker 6 (09:50):
My property if my property produced the turmites that damage
his home.
Speaker 2 (09:57):
Oh okay.
Speaker 1 (09:57):
And the homeowner association wants you to to take down
your trees.
Speaker 2 (10:01):
Of course they can't. They can. They have the right to.
Speaker 1 (10:03):
Do that because you're gonna infest everybody.
Speaker 2 (10:05):
Else in the neighborhood. Sure they have the right to
do that.
Speaker 6 (10:08):
So I'm just wondering if I have an arbrist to
come out and examine the trees and such. But they
did that when we bought the property and they were flying.
Speaker 1 (10:19):
Okay, so I got infested before that or after that. Yeah,
you're screwed.
Speaker 2 (10:22):
You got to You.
Speaker 1 (10:23):
Definitely have to take off to get rid of those
bugs and the neighbor. The day, the neighbor might go
after you saying, hey, my trees are screwed because of
your trees. All right, talking about your business for just
a moment, the less your business spends on delivering your
product or service the more margin you have, the more
money you have, more money you keep.
Speaker 2 (10:45):
Now everything is more expensive these days.
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It's NetSuite dot com slash handle NetSuite dot com slash
handle Robert, Hello, Robert, welcome.
Speaker 3 (11:46):
Good morning.
Speaker 2 (11:47):
Yes, what can I do for you?
Speaker 7 (11:49):
Yes? I got a letter from a collection agency. This
was about ten years ago when I had the student loan.
I paid it off. Now this letter I don't recognize,
And what's my best route of dealing with this?
Speaker 2 (12:04):
Yeah, it's probably just a small it's a scam.
Speaker 1 (12:07):
If you have the proof that you've paid it off,
no one's going to do anything. They're not going to
take you to court, they're not going to ding your credit.
You have the proof, and it's a big violation. It's
a federal violation if they deal with that. So yeah,
just ignore it. They're scam upon scam upon scam.
Speaker 2 (12:25):
I mean you can call them.
Speaker 1 (12:26):
It's obviously a letter that's been generated by some algorithm.
Speaker 2 (12:31):
Is there a name on it? Is there a phone
number on it?
Speaker 5 (12:34):
Yes? There is.
Speaker 7 (12:35):
I got it just yesterday, very late in the evening,
so I can't call.
Speaker 1 (12:40):
You can call on Monday and just say hey, I've
paid this off and now what that's fine? And they go, oh, oh,
we want the proof. Okay, you say you said them
a proof, take a snap shot, or you take a
screenshot and boom send it to them and say it's
been a pleasure, or you ignore it. Either way you're
gonna go Kate Ted years paid it off. They're not
going to any place. You're fine us with it?
Speaker 6 (13:00):
Uh?
Speaker 2 (13:01):
Yeah, I hate that, you know.
Speaker 1 (13:02):
I get scams like that constantly, all of us do.
The big ones that I get is, uh, you know
your your your package is ready for pickup? Doesn't it
say where? It just says it's ready for pickup. By
the way, I have no package that's waiting for me
and click here? Oh really, are you going to click there?
Speaker 2 (13:27):
You are not? Absolutely not?
Speaker 3 (13:32):
Arthur, Hi, Arthur, Hello, good morning.
Speaker 2 (13:37):
Yes, what can I do for you?
Speaker 5 (13:38):
Arthur? Okay?
Speaker 8 (13:40):
So I bought a motel, an old motel in the
current county tax sale, and I called the treasure tax
collector and asked them if there were any leans and encumbrances.
They said no, there weren't. And I asked called the
code Compliance and asked them if there were any actions
(14:03):
against the property, any you know, any issues like that.
They said no, there weren't.
Speaker 6 (14:09):
And so I.
Speaker 8 (14:10):
Bought the property for twenty five thousand dollars And that
was an April. So last week I checked my tax
bill and there's a forty thousand dollars bill for abatement.
And I just don't know. I don't think that's you know,
I don't think it's fair for them to wait until
(14:30):
after the sales to put that, you know, that charge
on my tax bill?
Speaker 2 (14:34):
Okay?
Speaker 1 (14:34):
Did charge come after they said there's a there's no
lean on it? Yes, Okay, so now you're dealing. I mean,
there's no lean on it. Now you have an abatement?
Speaker 2 (14:46):
Do they's? Just is that explained at all?
Speaker 8 (14:50):
I haven't looked into it far enough. I just found
out about it.
Speaker 2 (14:53):
Okay.
Speaker 1 (14:53):
You want to look at when that happened, where that happened,
and the problem is one of the things.
Speaker 2 (14:58):
You can do. I'm assuming you didn't by title insurance.
Speaker 8 (15:02):
Well, of course not, it's a county tax sale.
Speaker 1 (15:05):
Yeah, but yeah, I don't even know if you can
buy title insurance.
Speaker 2 (15:11):
You know.
Speaker 1 (15:11):
The other The only thing I can think of is
you find out why. I don't know if they can
put it on afterwards. I have no idea how that works.
But if it turns out they can and it's hello surprise,
then unfortunately, I think you have to hire a lawyer
to undo forty thousand dollars, or you go through an
(15:31):
appeals process where you argue exactly what you're.
Speaker 2 (15:34):
Arguing with me. And you're probably gonna lose, and then
you go.
Speaker 1 (15:37):
Through a secondary appeal process because when an administrative decision
is made, you can't just go to court. The law
says you have to go through the various levels of appeals.
You have to quote exhaust your administrative remedies, so you
get to find out what it's about before anything else, and.
Speaker 2 (15:55):
Then you may have to hire a lawyer on that.
I mean, that happens, that seems a little say, was
a little rough Dennis Hi Dennis.
Speaker 8 (16:08):
Issue with the property I purchased.
Speaker 4 (16:11):
So if I purchased a property with a partner, he
had no credit, no verifiable income. It was for a
grow up north. So I purchased the property, took on
the loan, and with a substantial portion of the income
that that property is going to generate. It was put
into a trust with my wife and I and his
(16:32):
life and him. They have since started the divorce process
and it's pretty nasty. Can't get a hold of her
in regards to this property. So it's in a trust
with him and her and my wife and I. If
we can't get a hold of her, get her to
respond to this trust so that we can sell this property.
(16:53):
What avenues do we have?
Speaker 5 (16:54):
Do we have?
Speaker 2 (16:55):
You can force the sale. You can force the sale
datas as call a.
Speaker 1 (16:58):
Partition and partition and an attorney for that.
Speaker 2 (17:05):
How much is the property worth?
Speaker 4 (17:08):
Three close to four hundred thousand, three ninety or so?
Speaker 2 (17:12):
Yeah, I probably would.
Speaker 1 (17:15):
I mean if it's a small piece of property, but
you know, four hundred thousand, three hundred and ninety thousand
some serious money.
Speaker 2 (17:21):
I mean, you can do it on your own.
Speaker 1 (17:22):
Because the partition is fairly easy procedurally. I mean, there's
not going to be a contest though. You can't sell it.
You have the right to sell it. And you have
to serve her now because she's not around. You have
to make reasonable attempts to find her, and if you cannot,
(17:44):
then you can go forward and a judge will say
go ahead and do it reasonable attempts. Is where she
last lived all her previous addresses?
Speaker 2 (17:55):
I would I'm sorry, like across the hiring No, no, no,
well no, no, nope.
Speaker 1 (18:02):
You have to find out if you a process server
is just going to go to an address you give her,
you give the process server.
Speaker 2 (18:09):
You have to just.
Speaker 1 (18:11):
Try to find her because you're going to go in
front of the court and say I've tried to find
her and I can't. Then there is a mechanism by
which you can serve her under the law, and you
publish it.
Speaker 2 (18:23):
You take a circular.
Speaker 1 (18:25):
Of general population or a general circular I forgot what
they call it, that anybody can have, and you just
take out ads. And I still think that works. It's
been a long time since I've dealt with it. And
you actually ask whatever local newspaper, can I do a
service by taking on an ad?
Speaker 2 (18:46):
Not it's in the classified section. It's very small.
Speaker 1 (18:49):
I think you do those three weeks in a row
and that's considered service.
Speaker 2 (18:54):
And then you're in front of a judge. You have
to just look up the words, look up the rules.
Speaker 1 (18:58):
Of service, and then you walk in and you ask
for a partition, and the judge will give you the
right to sell the house.
Speaker 4 (19:06):
We'll say we weren't going to sell the home. Is
there also a mechanism to get her off the trust? No?
Speaker 2 (19:11):
No, no, no, she owns the trust. Trust, she own
for the rest of her life.
Speaker 1 (19:17):
Even if you can't, even if you can't, if you
can't find.
Speaker 4 (19:22):
Her, No, the only way to get rid of her
is to sell the home and get partitions.
Speaker 2 (19:26):
Yeah, ors buy her out if you can find her.
Speaker 1 (19:29):
Yeah, the only way I know is to get rid
of her that way, she's an owner. There's no way
around it. Phone number eight hundred five two zero one
five three four. We have lines open eight hundred five
two zero one five three four for marginal legal advice.
It's always good. Well, it's always entertaining. Eight hundred five
(19:51):
two zero one five three four.
Speaker 2 (19:53):
Mike, Hello, Mike, Hello, Mike, Mike.
Speaker 5 (19:56):
Yes, yes, I had a question. But we she took
somebody these small claims. It was a toying company, good
permission to be there, They told me two hours after
a park and we went and took them the small claims,
and the rules are that they can get four times
the amount of whatever damage is and stuff like that.
But also it says that that if you're the plane,
(20:18):
if you cannot appeal if the defendant wins, but if
the defendant loses, he can appeal it. Yeah, but it
also says that there there needs to be some kind
of reason why they appeled it, like no, we can.
Speaker 2 (20:30):
Just ask for a trial to novo just says I
want to appeal it.
Speaker 5 (20:34):
We won the first one.
Speaker 1 (20:36):
And so imagine, here's what's going to happen. He appeals it,
and you're going to do the same trial.
Speaker 5 (20:41):
Well we already did that. Well, what I'm saying is
he wouldn't have killed it, and he won, and the
judge did not want to take any of the information
or the.
Speaker 2 (20:48):
Yeah, that happens. So you win the first time, he
wins the second time. Correct. Yeah, Yeah, that's the final.
That's it.
Speaker 5 (20:57):
That's it. You can't against Yeah, that's really yeah, yeah
it is.
Speaker 2 (21:02):
Those are the rules of small glames. How much did
you sue for?
Speaker 5 (21:06):
Well, a lot of vehicles. I count afford to get
it out. So we went for gen grant and uh
and the first judge wrote out why, she figured out
why we were in the right, and the other judge
didn't write nothing.
Speaker 2 (21:16):
He just doesn't have to.
Speaker 1 (21:17):
It's a trial as it is. It's as if the
first trial doesn't even it doesn't even exist. How much
was the vehicle worth?
Speaker 5 (21:25):
It was worth six rd.
Speaker 2 (21:26):
Okay, and they gave you and they judge gave you
ten grand.
Speaker 5 (21:29):
Yeah, verse one. Yes. And I was reading where where
you once we go to superior court so that you
can actually appeal anything.
Speaker 1 (21:36):
Yeah, you can't, but you have to kick it up
to superior court.
Speaker 2 (21:40):
You have the right to make a motion to kick
it up to superior court. And you didn't do that.
Speaker 5 (21:45):
Well no, first it was a municipal and then when
it when it they appealed it. It went to the the
next one.
Speaker 1 (21:51):
So yeah, now you can't. Now I don't think you
can appeal it now. Get I think they're done.
Speaker 2 (21:58):
I think you're done.
Speaker 1 (22:00):
Oh Tom, Hello Tom, welcome, Hey Bill, how are you doing?
Speaker 2 (22:05):
Yes, sir, what can I do for you? So about
a year.
Speaker 9 (22:09):
I'm my landlord and renting a house in La County
and we had a kind of crappy tenant, but we
put them, put up with them, and never evicted him.
And about a year and a half ago he moved out.
We gave him an extended lease for three months and
so we thought it was this cool, you let the
(22:30):
pace kind of crappy, and we deducted some of his deposits,
gave him a list, and then a few days ago
we got an email from him saying he's suing us
for twelve two hundred dollars in small claims.
Speaker 1 (22:43):
Well, first of all, it's only ten thousand dollars but okay,
suing you for twelve thousand, five hundred dollars, all right
for what breach?
Speaker 9 (22:48):
I thought it's fifteen thousand.
Speaker 2 (22:50):
Now worrying it? You're California is ten thousand dollars? Yeah, yeah,
and I wouldn't worry about it. First of all, at
this point, he just emailed you. And what you have
to do now is file. You have to answer the complaints. Okay, yeah,
you have to.
Speaker 1 (23:09):
Oh, he's gonna have to serve you. He's gonna have
to give you a lawsuit. You have to be personally served.
Speaker 9 (23:16):
Email doesn't work, so it's just like a special email
says something like greens or or something, and.
Speaker 1 (23:23):
Now no, nope, you gotta have personal service. You can
say whatever he wants. So you have to be personally served.
Then you have thirty days to answer the suit and
push comes to shove. You're in front of a judge,
and if he is smart, he'll go to small small
claims court because otherwise he has to go to superior court.
And that's you know, judges, the superior court, they don't
(23:45):
like small claims cases. And that's what this is. That
should be a small claims case. So right now you're fine,
right now, don't worry about people threatening to sue is.
Speaker 2 (23:58):
I mean, it happens all long. Now Today I am
going to be in Laguna.
Speaker 1 (24:04):
Neguel at the Wild Fork for the Fork Report Neil
Savedra broadcasting from two to five and inviting you to
join me in Laguna Neguel and Zelman's Minty Mouth.
Speaker 2 (24:17):
Mints will be there.
Speaker 1 (24:17):
Well, actually Zelman's packages and the people that own it
very nice people, and samples are going to be brought out,
and there's also going to be special deals come out.
Speaker 2 (24:27):
It's just gonna be a lot of fun.
Speaker 1 (24:29):
And if you don't know anything about Zelman's, this is
a mint that is so far beyond the mint. It
takes care of your bad breath because it has a
minty coating on the outside of these capsules. And then
when the coating is done in your mouth after a
little while, you either swallow the capsules or bite down
and it goes to work in your gut where bad
(24:51):
breath quite often starts and stays there. So that takes
care of number two. Also, you have a fresh breath
that stays for hours, like after you brush your teeth, youse,
I've had that good feeling and if it's important to you,
the confidence of a fresh clean breath, that's Zelmans. So
come on out today. Uh, take a take a gander.
(25:12):
Or you can go to Zelmans dot com z E
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to Zelman's Zelmans dot com. This is handle on the
law
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