Episode Transcript
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(00:00):
Now, today's politics are completely insane. The polarization is just beyond anything I've
ever seen. Certainly, it's asbad as what the politics were during the
Civil War between North and South.So moving to the twenty twenty four election.
Of course, former President Trump hashis staunch supporters that will literally take
(00:24):
a bullet for him and will followhim to the death. On the other
side, there are plenty of peoplethat will do anything to keep him from
running or being elected president. Oneof those and this is what happened in
Michigan. The Secretary of State inMichigan filed a lawsuit to use the Fourteenth
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Amendments quote insurrectionist ban. I'll tellyou about that in a minute to remove
Donald Trump from the twenty twenty fourballot in Michigan, and the judge ruled,
first of all, Michigan secretary ofState doesn't even have the power under
state law to determine the former president'seligibility for office. And second of all,
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how do you define what a violationof the insurrectionist ban is? Because
here is what it is. Partof the Fourteenth Amendment says anyone who took
an oath to uphold the US Constitutionis banned from office if they engaged in
insurrection. And so the argument isthat Donald Trump, in his elected election
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denial mode, everything he did todeny the election and keep himself in power
illegally engaged in insurrection and therefore canbe banned from holding office. And in
this case, since it's the presidentialof course, Michigan can't stop a president
from being elected, except it canin its own state. Because the states
control the election process, not theFEDS. Every state has different rules,
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and every state has an issue ofelectors, and it's all a party issue.
So the court said no. AndI think here's the problem. By
the way, I don't know ifMichigan secretary of State could say no and
no to being on the ballot ifTrump is in fact convicted of engaging in
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insurrection, if there is a courtbattle. But at this point, well
there is a court battle, butthere's no conviction. There's been no determination
that he in fact did what hedid that is engage in election denial,
in the committing election fraud, becausehis position is, where's the fraud.
I still believe I won the election. There's no intent to undo an election.
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The intent is to undo a falseelection. So what I'm doing is
I'm actually upholding the constitution. That'sa president, former president Trump's position,
and whether or not he did ordidn't, what his intent is, that's
the issue for the jury. Butunder the ballot measure in twenty twenty four,
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we'll make it real simple. He'sshowing up on the ballot. He
is going to be on the ballotin Michigan for the twenty twenty four and
then the Minnesota Supreme Court in anothercase also said the same thing. No
chance ain't gonna happen. So we'vegot two states in which I try to
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remove Trump from the ballot. Uhhuh, No way, all right,
phone calls, all right, Scott, Hello, Scott, you've been there
for a minute or two. Welcometo handling a lot. So this contractor
for our roof we've been saving fora while here has gone ahead and finished
the well, they didn't really finishthe roof, knowing that the ease and
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rafters are just rotten with the termites. We interviewed several people before them as
well, so I gave him thescenario that everybody's getting the same thing.
But they didn't pay attention to thistruck sure, problems of the of the
of the house, including the bridgebeam which holds the epix of the roof
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up. You know that wasn't done. Okay, so he screwed up fair
enough. They claiming it's done.So nobody was painted, you know,
all right? Like what so anycase? Uh So they're saying it's done
and it's gone to the finance phase. And I still haven't gotten a detailed
invoy. I've been trended. Ohso you haven't paid yet, So Scott,
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you have not paid yet. I'veonly paid it down of ten thousand,
there's eight thousand to go, okay, And you're saying, well,
do you know how much it isto fix it completely and to do it
right? Yes? Actually I hadanother contractor that I interviewed prior to uh
and it was me four to sixthousand to do that work, okay,
forty six thousand for six right forfour to six oh for to six thousand,
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okay to finish it up. Allright? So now what's happening now?
Well, I was looking for apublic defender, going to Englewood City
Hall looking around. No no,no, no, no, no,
no, you know what I mean? That just what's what's happening now?
Okay, you haven't paid him.He wants to get paid. He wants
eight thousand dollars. Now, what'shappening right? Well, they gave me
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a pulmonary notice of Lian okay,and I called and said, well,
okay, we need to talk aboutyou know, what they have done or
claim day's done, and and youknow, work work things out, you
know, and he's just like angry, angry, angry. So oh we
finished everything all all right? Soall you've gotten is a preliminary notice of
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Lian. Has he actually filed alien against the property? Do you know?
No? I guess there's a twentyday to finish this preliminary But how
do I respond? Besides, youdon't, You don't at this point.
You wait for it. The ballsin his court, right, the balls
in his court. And as amatter of fact, I'll tell you what
you do if you owe him eightthousand dollars and it cost you four to
six to finish it all up,which probably means taking up the roof and
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repairing the damage. And you're talkingabout a lot of money. It's your
lawsuit against him, not his lawsuitagainst you. Right, And there's enough
money here. There's enough money hereto hire a lawyer. And the good
news there, I mean, you'regonna be writing a checks to a lawyer.
However, if you have, ifyou look at your contract and if
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it is a company that uses realcontracts, now there were several pages long,
and he's bonded, and he's licensedand all of the stuff is a
real contractor there is a clause inthere that is an attorney's fees clause that
says, in the event of alawsuit, prevailing party collects legal fees.
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So you sue, you win,he pays your attorney's fees as well as
paying whatever damages we're talking Now,there could be an arbitration clause in there,
and that's typically what happens is youdon't go to court. You go
in front of an arbitrator that youchoose the American Arbitration Associations, and you
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basically pay to have an arbitrator sitdown and decide who's right and who's wrong.
Usually you split the cost of anarbitrator, and those guys get really
expensive and you pay per day,like fifteen hundred dollars a day or something.
I've seen it up to five thousanddollars a day for arbitration. And
you know, but the same pointif you lay out you know, I'd
certainly hire a lawyer just to layit out, and just to write him
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a letter saying, hey, here'swhat happened ABCD. And by the way,
you are responsible for the roof,not so much the termite damage,
because that wasn't his problem. Hisproblem was putting a roof on with termite
damage underneath it, so that wasa negligence part. So what he'd be
responsible for is tearing out the roof, was replacing the roof. Certainly you
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get your ten thousand dollars back,I mean, that's sort of a given.
And then the other issue is heresponsible for doing it with someone else.
Now he probably say, hey,listen, you got your money back,
or even steven, and therefore youcan do whatever the hell you want.
That goes in front of the judge. So that's what you get to
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do. So the fact that hefiled the pullman notice of the lean means
nothing. And he may lean thehouse. He may file a lane and
then you fight it out. Youcan bond to the lane, You can
buy a bond against the lean.And the lian is removed. But you
only really have to worry about thelean when when you sell the house.
That's when the lean crops up.The rest of the time, I don't
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think there's a big deal. Hi, Susie, welcome to handle on the
law. Hi Bill, thank you. Sure. I was bitten by a
dog while I was in a majorcopy chain and I was wondering if if
there if the chain is responsible.Okay, yeah, all right, So
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tell me what happened. Okay,you're sitting down, you got your coffee.
You're sitting down at a table,right, yes, I was,
well, it's a long table,and we were like one chair apart,
okay, all right? And andwas it just the dog sitting on a
chair having coffee or there was anowner and there was a leash. There
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was an owner, there was aleash, okay, And prior to my
getting my coffee, the dog wasreally friendly, came up and licked me,
you know, I put my handdown backwards like you're supposed to do.
And then when I came back tothe table with my coffee, I
was talking to the gentleman and sayinggoodbye to the dog. I'm a big
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dog. Lover and he just torea hole in the back of my hand.
WHOA okay, stitch, I didn'tknow. They don't stitch them.
It was a big hole that theyhad to close up from the inside out.
I'm still doctoring. Actually it's beena month mmm okay. But my
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question really is that Starbucks did takea report and they did administer first aid
because I was bleeding pretty bad,but the owner left without anybody from Starbucks
getting his information. I wasn't reallyin any shape to do that in the
miment. I don't know if Starbuckswould be responsible for that. Certainly the
owner, there's no issue about that, But you have no idea who the
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owner is, so that becomes problematic. Now, does Starbucks have a duty
to stop the owner or to getthe information? I don't know. You
know what I'm going to ask youto do is go to handle on the
law dot com and talk to oneof our personal injury lawyers because dog bite
cases are usually pretty good anyway.There's a generally dog bite cases lawyers jump
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on because they, uh, justthe law just recognizes the dog owners and
people who are responsible for h theu for the dog's behavior have a lot
of liability. So go to handleon the Law dot com and talk to
one of the personal injury orders.That's a very good question, is what
duty did Starbucks have to get thename of the owner of the dog and
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to give that information? And yourargument is I was bit and I wasn't
in a position to do that,and so is it only the owner that
has liability? And I don't knowthe answer. Oh, okay, let
me go here. Uh Kathy,Hi, Kathy, welcome to Handle on
the Law. Thank you. Ilive in an apartment, very nice apartment,
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very nice area that in the city. Anyway, I've taken up banjo
lessons. Okay, yeah, NowI've been getting a lot of flat This
one neighbor, she hates banjo bankson the wall. She calls them our
lord. And their solution was,every time I play it, I have
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to show I have to close allof my windows. Now. They have
a rule at this apartment complex thatthey call it quiet time. Quiet time
is after ten at night and itand at eight o'clock you're free to make
noise. I follow the rules veryreligiously. At beginning, I'm sutainly not
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inviting Jimmy Hendrix and mc jaguary thisplug in the amplifiers and joined me in
a tune or two. I'm verybeginning. I'm loving it, but I'm
getting solver ass banging on the walls. And we said complaints. Yeah,
that's so. Yeah. Well,first of all is what is a landlord
doing or saying to you? Let'sstart with that. Nothing. Okay,
So the landlord is not The landlordis out of the picture. Basically,
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it's not going to get involved,correct, No, they called landlord.
Leonard calls me. The last messageI got for the lander was Hi,
we could still hear your band,Joe, please close your windows things,
and I just wroke back. Isaid, not gonna do it. Hey,
let me ask you a question.Okay, I will talk about the
the legal aspects in a minute.What is wrong with closing your windows?
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Well, first of all, likethe fresh air in the house, the
fresh air in the house, takingthem all to be it's a principle,
I don't. Oh. Okay,well okay, so how long are you
ban Joe lessons? I'm doing itover on the computer enough. They're about
forty minutes once a week, okay, and so forty minutes once a week
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is a problem closing the windows foryou, So it's become a I understand
fresh air, but you know,I'm sure being in an apartment for forty
minutes with a window closed isn't goingto kill you. I'm just talking practical
here, as opposed to the legalpart of it. Why why does it
Why does she urge to close herwindows because you're the one that's making the
noise. Because you're the one that'smaking the noise. Okay, that's the
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quick answer right by the way,I'm not making a value judgment here.
I love banjo playing. It's oneof my favorite instruments. So I don't
think that I'm gonna tell you suckit up. But I think I am
telling you to suck it up asa practical measure. Now, as far
as it's a principal thing, Ilove. It's a principal thing. So
bangs. So she continues to bangon the wall. All right, now,
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what are you going to do?Are you going to live with her
banging on the wall during banjo practiceor are you not? Are you going
to complain to the management who willtell her stop banging on the wall.
Then she says, I'm banging onthe wall because Kathy's take is hitting her
banjo and it's too loud. Sohere's the answer for the landlord. Kathy,
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roll up your windows, neighbor,stop banging on the wall. All
right, you're both at the sameplace again. She won't stop banging because
she can listen to your banjo becauseyour windows won't open, and it becomes
this wonderful circle. Okay. Sonow the legal answer is you get a
restraining order against her to make surethat to stop her from banging on the
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walls. Based on the fact thatyour banjo playing is not that loud,
She's going to argue it is,and so how do you prove that it
is or it isn't, because that'ssubjective. I got in one of those
once where there was a noise issue. I brought in a sound engineer and
that cost me twenty five hundred dollars. So that's that, County, the
legal work involved. Kathy, Justclose your windows for God's sake. Come
(15:31):
on, I want to talk aboutpain for a moment. Living in chronic
pain, Well, it's painful.It's pain, and not just for those
that live in and with chronic pain, but also for their loved ones.
Now I happen to be a completewoss. I actually go to urgent care
when I have a paper cut.I mean, it's ridiculous. That's pain
(15:52):
for me, but for others,pain is chronic and it can be debilitating.
And if you happen to live inchronic pain, or oh someone who
does, especially if it's a loveone, I suggest you listen to The
Pain Game podcast. It's a showabout living in and with chronic pain and
trauma. It's funny, it's sad, it teaches, it inspires sometimes half
depraved, and it's not about whiny. It's about shifting your mindset when life
(16:17):
and you hurt. Lindsey Soprano,the show's host, shares her stories of
living in and with chronic pain andtrauma, and she has lots of it,
and I mean twenty four to sevenher guests have either lived with or
dealt with this pain and trauma.They range from experts in the field to
lawyers to stay at home moms.The show is raw, it's real.
Every episode ends with a message ofhope, and you'll understand that the show
(16:37):
is really about giving pain purpose.And I know Lindsay, and I know
how valuable This is for people wholisten to it Pain Game podcast. Listen
to the iHeartRadio app or wherever youlisten to podcasts, that's the Pain Game
Podcasts. Okay, uh, Christy, Hi, Christy, welcome. Hi.
(17:02):
I have a question. If youget a judgment against a DBA entity
but the business is not showing anyprofits? Number one, can that company
be audited? And not by you? Not by you? Now here's what
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you can do. Uh, ifyou get a judgment, what you can
do is set up a judgment creditorexamination where the company that you have a
judgment against, actually it's the personbecause it's a DBA, and you haul
him in and not even in court. You can sit there in a conference
room and you ask him where areyour assets? What do you have?
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That you can ask? But asfar as audit, why would you pay
for an audit? You know muchaudits cost? There're thousands of dollars?
Attorney? Can the attorney do that? Can the attorney? Attorney can ask
for anything? But who's going topay for an audit? If you're sewing
me and you have a judgment,you walk in and go I want you
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to do an audit? Go poundsand Yeah, so can you go after
his personal assets? Yes? Witha judgment, you can go after personal
assets. Yes, absolutely. Okay, can you repeat again the first part
to do I'm sorry, can youwhat I'm sorry? I didn't understand.
Okay, the first part you saidat the beginning. I can request a
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judgment creditor examination. That you cando judge judgment creditor examination, and you
can bring him in and literally,under the penalty of perjury. He can
be asked, what are your assets? Doesn't matter if he made money or
not. Nobody cares. What assetsdo you have? What income do you
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have that you can ask and basedon that you can collect. But you
know, audit makes no sense atall. Edward, Hello, Edward,
Hello Bill, Yes, sir,got a quick question here. You gotta
speak on once. You gotta speaka lot louder. Get off the Okay,
hold on second, let me holdon, hold on, hold on.
(19:26):
Is that better? Yeah, that'sbetter. Okay, turn my own
volume up here. Okay. Hada long time friend who lived lived with
her. We never got married.I was the path a sub trustee for
when she died. Uh. Therewas a house involved. The house had
major drain, these problems in itUh. In fact, it was one
of the reasons for a really deepreduction on the price of the house.
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It was bought by a flipper whowas supposed to solve all these problems.
Uh. He of course we soldit, uh to another person. The
property is still Wait a minute,you sold it. Wait you sold it
to the flipper. Is who yousold it to? Yeah, okay,
yeah, I sold it to theOkay, sold it to the flippery.
The flipper was supposed to take careof all the draining problems. Escape.
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Uh he sold the house, fixedthe house up, they look really nice,
and told it to somebody else whowas still having major drain these problems
on it. And I was justcurious, could she goes back to the
to the flipper who knew full well? Sure of course, yeah, of
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course, of course you can goback to the flipper. Okay, now
here's the next question. Okay,because my neighbor just sent me some pictures
and stuff because she is completely Iguess re doing the uh the foundation on
the thing, foundation on what thingon the house? On the house that
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you sold to the flipper who soldit to someone? Okay, why is
your neighbor, why is your neighbor. What connection is your neighbor doing foundations
on the flips house? No,no, no, no, the neighbor.
The neighbor's not doing it. Weshe just we just got to keep
in touch about what's going on.Okay. I saw'm a little confused,
all right, So what's going onwith curiosity there? So anyways, I
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uh to send me pictures. You'reshowing the big trucks out there and they're
re redoing everything. The house isa split level house. It was brought
up. This is in Omesa,California out here. It was brought up
from the beach in the nineteen twenties. It doesn't matter, None of that
matters. Okay, yeah, yeah, So what what is the question?
Edward? Okay, so my nextquestion here is, now that she has
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gone ahead and started doing repairs herself, could she still go back to the
to the flipper. Okay, you'retalking. Is this a neighbor who bought
the house? I'm totally confused.No, no, no, no,
no, this was the lady Inever know. Okay, the lady who
bought the house from the flipper.Okay, could she go back to the
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flipper? Yes, she can goback to the flipper for anything the flipper
did not disclose that the flipper knewabout well, no, she disclosed disclosed
the issue by dad. But hewas supposed to fix it, all right,
So he didn't, so she sueshim. Okay, so he's supposed
to fix it and she didn't.Then he sues it and she sues him.
Now what okay, okay, mynext question here. Now, but
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she has been doing major work onthe thing herself. Okay, what's the
question. So she's doing major work, now what? Okay? Does that
pretty well because she didn't contact theflipper before she did? Get Yeah,
there's an argument. There's an argument. Sure, yeah, sure, he
says, Hey, you could havecontacted me and I would have fixed it.
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Sure, okay, all right,that's it. Boy. That was
terrific, wasn't it. It's justjust absolutely lovely. David. Hello,
David, David. You're up,Bill? Yep? Yes, hey,
Bill, I screwed up. I'mstupid, but I need your help.
I accidentally sent four hundred and twentyfour dollars to an unknown party on PayPal
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with the same name as a coworker. I was trying to give a payday
loan too. I even put inthe memo it's payday loan. I thought
when my phone was pulling this guy'sname out of my out of my contact
list, not out of PayPal's database. Of course, there's hundreds of the
same person by the same name orthe person's with the same name. I
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have messaged him, I requested themoney back. I've notified PayPal. They
say they're investigating. They really don'twant to have anything to do with it.
Yeah, and they, I mean, frankly, they don't have to
have anything to do with it.You sent it, and you know,
and they're not much as far asI do. But if it's known larceny,
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if they and they can verify,yeah, I understand it's a larceny.
The guy who got the money owesyou four hundred and twenty dollars and
you got to track him down andhopefully PayPal will give you all the information
the PayPal has. But there itis the only person to go after.
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Yeah, the only person you cango after is the guy who gave the
money to by mistake. Right,that's it. You're going to no place
else and good luck, by theway, Well, thank you, I'll
let you know. Yeah, wellI'll tell you what when I said,
good, look, that was sarcastic. I'll tell you exactly. You don't
have to let me know, okay, because I know already what you're gonna
let me know. You are notgoing to see at all. Yeah,
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exactly, that's it. I'll letyou know. Don't have to. It's
one of those things where I alreadydo you know, I'm prescient, I
know what's going on. Oscar,Hello, Oscar, welcome, Hey Bill.
So Toski is about a few monthsago in May. I went to
Tyser Urgent Care within forty eight hoursof the injury. They told me to
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come back within two months if itdidn't get any better. It didn't get
better, they scheduled an MRI.Got the MRI. Now they're telling me
that they asked me why would it'sso long to come back, and I
was like, well, because hetold me to. So now they're telling
me that the meniscus might be tornbeyond prepare okay after doing next week,
I just want to fa a case. Yeah, when you say you were
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told by the doctor to come backin two months, here is the problem.
If it's not in the notes,then you're the doctor's gonna say,
I didn't say that, right,I told Oscar to come back. If
it's not better, come back ina week. Okay. Now, if
it is on the record that hetold you to come back in two months
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or she uh. If it ison the record that the doctor told you
to come back in two months andthat was the cause of the exacerbation of
the injury so that there was alot more damage. In other words,
you wouldn't have been at this placehad you come back at the appropriate time.
That becomes a hell of a lawsuit. But now it's becomes this is
(26:11):
what he said. But I stillwant you to talk to a personal injury
lawyer, a medical malpractice attorney,because if you have permanent injuries, there
might be a case there. Goto handle on the law dot com and
just get hold of one of thepersonal injury lawyers. That's okay, that's
where you want to go. It'sworth whatever I've said this before. Whenever
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there are serious damages, whether it'squestionable on the liability, you know what,
go talk to a lawyer. Doesn'tcost anything. Lawyers that handle personal
injury always give you free consultations andthey'll tell you good or bad. Now,
even if there is liability where thedoctor screwed up and it's no harm,
no foul, you know. Okay, doctor was wrong, driver was
(26:55):
wrong. But you know you're notinjured or you're not injured enough. Oh
I hi in hi bill. Afew months ago, quite a few months
ago, I had a solar companycome out. I hired them to install
a solar system on my home.They basically threw the panels on the roof.
(27:19):
They never actually connected them, andI have had trouble contacting them ever
since. One of the biggest issuesis I actually checked with the city and
they never even opened up their permitswith the city. Okay, so what's
your question? So my question iswhat legal avenues do I have that I
(27:41):
can go down? You get thiseither, all right, here's it's easy.
Okay. First of all, there'sa lawsuit against them. There's a
breach of contract. Right, theyare done finished. The issue is how
much is it going to cost youto fix it? All right? How
much have you already paid? Isit a lease on the house or was
it a perch? Is directly fromthem where you pay them? So let's
(28:03):
start with that question. Is itattached to your home that you've you pay
part of your mortgage payments. No, I actually took that a loan.
It's one hundred thousand dollars and they'vealready been paid in full for it,
and the loans with a different company. They've been paid in full, even
though there was no permit and thereweren't progress payments made. That was the
(28:29):
issue. Yes, whoa, Okay, well you got You know, it's
interesting because there's a lawsuit there too. They loan you the money, they're
the ones that are paying them.They paid you directly. They paid them
directly without doing the work. Issuenumber one, number two have do you
know what it's going to cost toactually install it so it works? Yeah,
I've asked quite a few people andit looks like anywhere between fifteen to
(28:52):
twenty thousand goods to get it installed. Okay, well that's your lawsuit.
Okay, that is your lawsuit becauseyou already have the payanels. So if
you were to pay to fix orto install the panels the way they were
designed to be installed, you're outtwenty thirty thousand dollars because you had to
pay for the system anyway. It'sthe extra twenty thirty thousand dollars. That's
(29:14):
your lawsuit. So you've got twopeople to go after you have the First
of all, you can go tothe contractor's license Board State of California.
I would call them and ask themwhat do I do, because if they're
licensed, there's an avenue there ifI would certainly contact the lender and go,
what the hell's going on? We'vegot a problem here, and they
(29:37):
may get involved or not involved thecompany itself if they're not, if you
can't reach them. Is this abig company? No, it's a small
company. Actually No, Okay,well that may be the most problematic because
it's easy to go bankrupt when youhave a small company, usually when you're
installing something of this nature. Arethey even licensed? Do you know?
(30:00):
Ian? I did check their licensewith their license under an alarm company.
They're not licensed as a solar company. Yeah, and that may be legitimate.
I don't know, because I don'tknow if you have to pull a
separate license out and maybe a separatecompany completely check with the contractor's license board
and ask from some advice there,and then you can start. I have
(30:22):
any recourse against that one hundred thousanddollars. I've already spent only to the
extent that whatever it's going to costto fix the system and put it in
place the way it was designed toplay it, pay it. Because you've
already they've already delivered the solar panels. You could theoretically say you've reached the
contract, take everything back. Iwant my money back. But let me
tell you they're not going to handyou one hundred thousand dollars, right,
(30:48):
I don't even know. If youhave a lawsuit and you win, you're
going to get the twenty thousand dollars. You may want to also talk to
Yeah, you may also want totalk to a business attorney, a civil
attorney, just to see if wheredo I go because there's a bunch of
avenues there and there are a lotof moving pieces. But the people most
responsible is the solar company. Ifthey're not even willing to answer your phone
(31:11):
call, something is not looking goodin that direction. So I'm god I
made your day, all right.I want to tell you about Zelman's minty
Mouth, and this is a breathfreshener, but it really is much more
than that. It's not just amint, it's a functional breath freshener that
you swallow, and it's clinically testedagainst the toughest offenders, even garlic and
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onions. You put two or threein your mouth, you suck the minty
coating, and then you swallow thecapsule and now you have fresh, clean
breath that lasts four hours. Imean, this is for real. You
could actually eat off the back ofa garbage truck and Zelmans would still give
you the freshest breath. You've neverhad, never met anybody who did that,
but I'm told that's the way itworks. What I'll tell you that
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I know is you'll love the confidenceof long lasting fresh breath. Or your
money back, and that's guaranteed.But no one ever asks for their money
back. It's that good. Theygive you free shipping if you order three
packs or more. And I've knownthese folks for over thirty years. Zelmans
dot com that's z E l mi n s dot com. You get
fifteen percent off when you use thecode handle fifteen. That's handle fifteen.
(32:21):
That's the code. Go to Zelmanz E L M i n s dot
com. Zelmans dot com. Thisis handle on the law