Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:00):
This is hand.
Speaker 2 (00:01):
Before we do that, let me give you some phone numbers. Yeah,
because wait, we have some lines, but I like a
full board.
Speaker 1 (00:06):
It makes me feel better.
Speaker 2 (00:07):
Eight hundred five two zero one five three four The
numbers top of the hour, as you know.
Speaker 1 (00:11):
Eight hundred five two zero one five three four.
Speaker 2 (00:15):
This is handle on the law, marginal legal advice.
Speaker 1 (00:19):
Remember Susan Smith. This was nineteen ninety four.
Speaker 2 (00:23):
She was sentenced to thirty years, a life sentence, but
with the possibility of parole.
Speaker 1 (00:29):
If you remember the story, good God.
Speaker 2 (00:32):
She was twenty three at the time and she claimed
that a black man in South Carolina, South Carolina had
kidnapped her kids when she was carjacked and there was
a huge man hunt. Turned out that she's the one
that rolled her car into the lake with her kids
strapped in, her two little ones strapped in. She was
(00:54):
having an affair with her boss's son who had just
broken up with her. He didn't want children, so she said, okay,
I'll have no kids. Basically, I'll kill my kids. And
so she was convicted with the possibility of parole. So
now she goes in front of the parole board and
she's asking for her release.
Speaker 1 (01:14):
I know what I did was horrible.
Speaker 2 (01:17):
So the parole board asks her, how about the previous
disciplinary charges in prison that you had. I've learned from
my mistakes, and she ends her plea with I am
a Christian and God is a big part of my life,
and I know He has forgiven me, and I know
that that's the case by his grace and mercy. I
just asked that you show the same kind of mercy
(01:37):
as well. Well that's a jump.
Speaker 1 (01:39):
Maybe God didn't forgive her for killing her toddlers, now,
is that possible.
Speaker 2 (01:44):
Well, as you can imagine, they said no, thank you,
back you go. I don't know she's ever ever going
to get parole, not with this kind of crime. Charles
Manson he had originally gotten the death penalty. It was
overturned by law, and that was in general across the board,
and so he got life in prison with the possibility
(02:04):
of parole because that was the law in those days. Well,
he went in front of the parole board half a
dozen times and they said no. But the fact that
he came in and had slashed the swastika on his
forehead didn't help. And he came in screaming to the
parole board it was all their fault, so needless to say,
he died in prison. But it's not easy, not easy
to get out with parole.
Speaker 1 (02:26):
They just don't jump on it. Yeah, all right, Tom,
You have a question.
Speaker 3 (02:31):
Tom, Hey, Bill, how you doing?
Speaker 1 (02:35):
Yes, sir, what can I do for you?
Speaker 4 (02:37):
All right?
Speaker 3 (02:37):
Question for you. I want to see if you know
about this law. California became the first state to ban
student gender notification policies.
Speaker 1 (02:46):
Yeah. Couldn't tell the parents.
Speaker 2 (02:47):
Yeah, yeah, schools can't tell the parents if the student
it identifies himself for herself as the opposite sex.
Speaker 1 (02:54):
Yeah, I can't tell mom and dad.
Speaker 3 (02:57):
Is that a bill or is not a law?
Speaker 2 (02:59):
It's a law, and it was a bill. It didn't
go it went through the legislature. I think it didn't
go proposition. It wasn't a proposition. It was the legislature
put that up. The governor signed it.
Speaker 3 (03:11):
I don't remember getting a chance to vote on that.
Speaker 1 (03:13):
You didn't because it was through the legislature.
Speaker 3 (03:16):
That's outrageous.
Speaker 1 (03:17):
Oh god, yeah, I know it.
Speaker 2 (03:19):
Just you know the fact that legislature legislators pass laws
that you don't agree with.
Speaker 1 (03:23):
I boy, you're right, that is outrageous.
Speaker 3 (03:26):
Well, but That's why I'm asking. You know it should
have been voted on, don't you think not necessarily?
Speaker 2 (03:32):
I mean, propositions happen all the time. You can put
a proposition, you can reverse that, and you put up
a proposition and you get half a million or seven
hundred thousand signatures that are verified, which means you have
to get like nine hundred thousand because they're really careful
about it, and then you put it to the vote
and then the people of California.
Speaker 3 (03:53):
Yeah, I know, you don't have a lot of time
to check this out. I'm sixty six years old. When
I was in grade school, they used to have peak
parent parent teacher converences.
Speaker 4 (04:02):
Remember that.
Speaker 3 (04:02):
Yeah, so obviously if your child is saying something to
the teacher in school, the parent would want to know
about that. I mean maybe.
Speaker 1 (04:12):
Maybe, but it doesn't matter. The law's gone the other way.
Speaker 2 (04:17):
Yeah, yeah, there's I mean, there's not much you can
do about it. You know, welcome to democracy. And there's
two ways you pass laws in California. One through the
well actually three ways. One through the legislature where they
straight out do a law. Here we go, they vote
on it majority or two thirds if it's attacks whatever
the rules are, and then it goes to the governor
who either.
Speaker 1 (04:37):
Vetos it or it's a pocket veto.
Speaker 2 (04:40):
If he doesn't sign it, it becomes vetoed anyway, or
he signs it and becomes law.
Speaker 1 (04:44):
That's one way. The other one is proposition.
Speaker 2 (04:46):
Just like I explained that, you put it to the
voters and the legislature has nothing to do with it.
Speaker 5 (04:52):
Uh.
Speaker 2 (04:52):
The other way, the legislature can put it as a proposition.
That way they don't have to vote on it, so
they don't get tagged.
Speaker 1 (04:59):
One way the other. I mean, it's kind of a
chicken way to do it.
Speaker 2 (05:02):
But they put it out there and the voters, you know,
say yay, your nay and whatever.
Speaker 1 (05:07):
Legislators said, Hey, I left it up to the voters.
I didn't vote on it. So that's how that works.
Oh all right. Joel, Hi, Joel, welcome.
Speaker 4 (05:19):
Hi, good morning, mister handle pleasure speaking with you. I've
been listening for years. What can I do for a
twenty years ago, a public utility ten feet wide was
abandoned between myself and my neighbor's property, and so they
offered it for sale. I went down to the county,
I bought my five feet, and I bought the neighbor's
five feet, So at the end of the day, before
(05:42):
the easement was abandoned, before I bought it, the neighbor
had built this pool up to the property line. So
now I have part of a pool, a water slide,
and a waterfall on your proper.
Speaker 2 (05:51):
By the way, do you have tid Do you have
now title to that piece of land?
Speaker 1 (05:56):
Has the easeman been reversed?
Speaker 2 (05:59):
Yes, sir, okay, So usually they don't sell you easements.
I haven't heard of that, but okay, I'll buy that.
So they had an easement, they don't want them anymore.
They turned around and I guess sold you their rights
to that piece of property.
Speaker 1 (06:13):
Do I have that right?
Speaker 4 (06:14):
Yes? I own Yes, okay, I.
Speaker 1 (06:16):
Got it all right.
Speaker 2 (06:17):
And now you have a neighbor who has built on
your property?
Speaker 4 (06:22):
Yes, okay, what's your question? My neighbor was such a
nasty cantanker's person. I wouldn't even think about this and
starting a war. But I am ready to approach him
and say, hey, buy the five feet or move your pool.
But I haven't do anything about it.
Speaker 2 (06:34):
In twenty this, don't even buy the five feet, not
don't even buy the five feet move.
Speaker 4 (06:38):
Your pool, Move your pool.
Speaker 1 (06:41):
Yeah, move your.
Speaker 4 (06:41):
Pool, and I'm going to corposition. Doesn't hurt me.
Speaker 2 (06:45):
No, No, And he's built on it now, I now
he's gonna argue you knew I was building on it,
and you knew I was building on your property, and
you didn't do anything about it. You didn't say anything.
You waited until it was finished. That is going to
be a defense that they're going to use.
Speaker 4 (07:05):
But it was already built when I bought it, so
I didn't.
Speaker 2 (07:07):
Oh, then you're fine, then you go then just yeah,
I don't know how many years it's been there, and
I don't know when you bought the easement. Was the
property already when you bought the easement, was the pool
already there?
Speaker 4 (07:19):
Yes, sir?
Speaker 2 (07:20):
Okay, now you got a situation with a real estate
attorney to deal with this, Okay, because now you've got
a little complication. But in the end, if the guy
is really a jerk, you smile and go move your pool.
Speaker 1 (07:31):
How about that?
Speaker 4 (07:32):
Okay?
Speaker 2 (07:33):
All right, Yeah, that's that's what I would do legally.
I mean, I don't know how much its gonna cost
to hire a lawyer on that. That's not easy, a
lot of defenses, the easement, I mean all of that. Now,
before we take a break, I want to tell you
about the Pain Game Podcast. And this is about chronic
pain and trauma. Now, if you live in chronic pain
(07:53):
or you know someone who does, the Pain Game Podcast
is about that and and the trauma that causes the pain.
Speaker 1 (08:00):
It's half to prave. I love that part.
Speaker 2 (08:03):
Guests on the show have we either live with, have
dealt with? Treated those living in pain? And the host
Lindsey Soprano I've known for years and years and she
deals with chronic pain. She has it twenty four to seven.
Every episode ends with a message of hope. And here's
something counterintuitive. It really is about giving pain purpose. That
(08:25):
was weird, but you'll see when you listen to it.
The Pain Game Podcast, The Pain Game Podcast.
Speaker 6 (08:32):
Karen.
Speaker 1 (08:32):
Hi, Karen, welcome to hand Al on the Law.
Speaker 7 (08:35):
HI question for you.
Speaker 4 (08:37):
Yeah, I know a family.
Speaker 7 (08:40):
The mother died, Oh nice left the minors.
Speaker 4 (08:43):
Well happens.
Speaker 7 (08:45):
Mother died left a minor child and an adult child,
but nothing in writing taking care of the kid.
Speaker 4 (08:52):
The girl.
Speaker 7 (08:53):
The sister took the child, never enrolled her in school.
She's now nine years old. This was a boyfriend and
another couple in a one bedroom apartment. I've suggested consulting
with an attorney, but they've done nothing. Can I give
them your number?
Speaker 2 (09:10):
Well, no, because I'm not gonna be able to do
anything unless they want to listen to the show and
I'll tell them, you know, I'll give him marginal legal advice. No,
but I will talk a little bit about the law
and what they're doing. And they're violating the law big time.
It's criminal violations what they're doing. And it's not a
lawyer that should be involved, should be the district attorney. Now,
(09:33):
is the sister the only aunt that this child has are.
Speaker 4 (09:39):
The other This is the sister of the child.
Speaker 1 (09:43):
Oh, she's living with the sister of the child. Yeah,
but not in school?
Speaker 2 (09:48):
You know what, I call the authorities on that because
what what she is de facto a parent. She's taken
the child even without which can happen all the time.
I mean, you know, brother sister can take kids and
they don't have to go to court if no one's
contesting it. But not putting the kid in school, that
is a violation big time.
Speaker 1 (10:09):
So you go to uh, you go to the DA,
or you go to That's what I would do, or
even call the school board.
Speaker 2 (10:15):
They'll they'll tell you where to go. Yeah, that one's
a no no. And you don't need a lawyer for that,
and you certainly don't need me.
Speaker 1 (10:21):
Do I give them your number? What the hell are Okay? Sure?
Eight hundred and five two zero one five three four.
We can call in.
Speaker 2 (10:28):
People are very strange and they for some reason they
want to retain me, and I wouldn't retain me.
Speaker 1 (10:35):
Is very hard.
Speaker 2 (10:36):
Oh all right, Nash, Hello, Nash, welcome.
Speaker 8 (10:41):
Good morning, mister Handel.
Speaker 1 (10:42):
Yes, sir, what can I do for you?
Speaker 4 (10:44):
Now here?
Speaker 9 (10:45):
The second time Harry call you a date on my case,
we went to a settlement conference and my lawyer had
told me two days before everything looks good. Our settlements
should go through and give me a call the next day.
He never did found out that the case from now
going to trial. I'm trying to figure out what happens next?
Speaker 3 (11:05):
Is my trial?
Speaker 2 (11:07):
You got a trial? Obviously there was no settlement. However,
let me ask something. Had you already agreed to the number?
Have you agreed to the do you agree to the
settlement figure?
Speaker 3 (11:19):
No?
Speaker 4 (11:19):
I was never informed.
Speaker 2 (11:20):
Okay, then there was, then there was nothing there. Then
it's as if the mediation didn't occur because.
Speaker 1 (11:25):
Your lawyer has to tell you do you agree to
this number.
Speaker 2 (11:30):
Or the insurance company agrees to that number. I mean,
that's what mediation is all about. And if there isn't
an agreement, then there's no agreement. So it's are you
the one that's suing?
Speaker 4 (11:42):
Nash?
Speaker 1 (11:42):
Are you suing? Okay, So here's what happens.
Speaker 2 (11:48):
You have you know, the other side to say no,
I don't want to settle, let's go to trial, all right,
then go to trial.
Speaker 1 (11:54):
You don't have much of a choice. So that's what
happens next. Fact, Now here's the problem.
Speaker 2 (12:01):
You're a lawyer not telling you that. That's problematic. Yeah,
you wonder what that's a red flag that you're a
lawyer not telling you how much money? How much money
are you asking for?
Speaker 4 (12:12):
Nash?
Speaker 1 (12:14):
I haven't asked for a penny?
Speaker 2 (12:16):
Well, then what are you settling? What's what's the settlement
agreement about?
Speaker 9 (12:21):
That's what I was trying to get from mind, What
do you what do you want a new lifestyle?
Speaker 3 (12:27):
I'm just kidding, No, I just I just want this
to be over, to be honest.
Speaker 1 (12:30):
Okay, well then then dismissed the case. Then walk away.
Then just dismiss it. I'm done. I don't want to
deal with it anymore. People do that. Or you can
go to another lawyer. Yeah, call your lawyer and I'll
tell you what you can also do.
Speaker 8 (12:46):
Uh.
Speaker 2 (12:46):
There, handle on the Law dot com does personal injury.
Speaker 1 (12:50):
They have personal injury lawyers.
Speaker 2 (12:52):
So go to handle on the Law dot com and
you'll talk to one or two of the lawyers. And
then they're very good. I mean they're not going to
try to grab a case or anything. Uh, but they'll
tell you, hey, here are your options, here's what you
should do.
Speaker 1 (13:03):
They'll ask you many more questions that.
Speaker 2 (13:06):
I do because I just don't have time, which is
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Speaker 1 (14:11):
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Speaker 1 (14:35):
Hell am I goel.
Speaker 8 (14:37):
Hey Bill, I called you last week, but I got
cut off and I didn't hear your ANIR.
Speaker 1 (14:42):
I probably hung up on you. Okay, yeah, I got you.
Speaker 8 (14:46):
I've got a thirteen acre parcels land with a really
simple straight note interest only for five years that I
was in the process of selling someone and just tew
days before I had to foreclose on them because they
have been paying neither the property tax or anything. They
(15:07):
could claim the property.
Speaker 6 (15:08):
To a relative and yeah relative, Yeah, no you can.
Speaker 2 (15:13):
Here's the problem. You're gonna have to unravel it. It
made it really complicated. Uh, you are a creditor and
you are going to have to go into bankruptcy court
to unravel all of that and give you back your property.
And the bankruptcy court will do it. You just have
to find out when the hearing is.
Speaker 1 (15:29):
You should, they should give you the hearing. But you can.
Speaker 2 (15:34):
You can find out because it's the name of the
person and it's it's a public document bankruptcy court, and
you can look it up because when the filing took
place of that relative, it is right there in the
bankruptcy proceedings in the documentation.
Speaker 8 (15:52):
My question was it was it wasn't dulive.
Speaker 6 (15:56):
It was on the I had to do it via.
Speaker 4 (16:02):
Zoom.
Speaker 2 (16:03):
Okay, so that's fine, yeah, of course, oh yeah, yeah, yeah,
it's fine. They do uh oh yeah, proceedings were on
zoom constantly.
Speaker 1 (16:12):
As a matter of fact.
Speaker 2 (16:13):
Uh, You've got all kinds of motions on zoom, even
criminal stuff, which you have to be there. Uh, when
indictments are there and the pleas are there.
Speaker 1 (16:21):
Yeah, that's done on zoom. Yeah. It's the only.
Speaker 2 (16:24):
Thing is trials, criminal trials, jury trials.
Speaker 10 (16:29):
Uh.
Speaker 2 (16:30):
There, those have to be live in person for sure.
Speaker 1 (16:36):
Mary. Hi, Mary, welcome to handle on the law.
Speaker 11 (16:40):
Hi, this is Mary. Yes, it is okay. I work
for a large root chain. I'm a cake decorator and
I was off the next day. I come then the
cay case is empty, and so I have preful rofty
in my legs and my feet, and the doctor put
me on for four hours a day only in there,
(17:01):
she says, threw the cake case up and I had
your thirty cakes. She left nails on myself. I ended
up and she is absolutely no overtime. So I woke
ten hours okay, all.
Speaker 1 (17:14):
Right, they and they didn't pay overtime, all right?
Speaker 11 (17:16):
Uh no all the time.
Speaker 1 (17:19):
Okay, and they do it all the time. Okay. What's
your question?
Speaker 11 (17:23):
Well, anyhow, because it's working on all those hours.
Speaker 1 (17:26):
No, okay, So I'm assuming your question is what do
I do? Bill?
Speaker 9 (17:32):
Well?
Speaker 11 (17:33):
Can I do anything?
Speaker 2 (17:34):
Because I yes, yes, okay, So all right, so ask
me the question here it is, I'm going to quote
for you.
Speaker 1 (17:41):
What do I do? Bill? Go ahead and ask.
Speaker 11 (17:43):
Me what do I Can I sue for injury?
Speaker 1 (17:47):
Because no, you can't sue for injury. It's a worker's
comp situation. So what you have to do?
Speaker 2 (17:53):
Yeah, it's workers comp. You can't sue for injury because
you're suing your own company. And uh under it's a
work comp because we're californ is a work comp state. However,
you've got all kinds of violations going on, and so
what I'm going to suggest you get hold of the
labor board and that's in quotes, and that's the Department
of Industrial Relations, that's the department at handle the State
of California Wage Enforcement Division, and they'll take care of
(18:18):
you and you don't need a lawyer. They do it
all and next time and if you're still working there,
you know what on cakes on? You know, because you
do happy birthday and all that stuff and names the people, right, yeah,
misspell every misspell everybody's name. Okay, sure you can, you know,
(18:40):
and then put on car you know, all kinds of phrases,
you know, happy birthday you're really ugly. I mean, you
can do a lot of stuff with cake decorating. Okay, well,
then you can't.
Speaker 1 (18:52):
See what I like to do if I'm ever asked
to bring a birthday cake. Here's what's fun.
Speaker 2 (18:58):
Is you put down you buy cake, and let's say
you are buying a cake for Susan, and so do
you buy the cake and you asked the decorator to
write Happy Birthday, Alice, and you cross that out and
an angle you put Susan's name, and you say I
got the cake for half price. I've done that very strong.
(19:21):
People really don't ask me anymore to do that. But
that's okay, all right, John, you're up?
Speaker 1 (19:27):
Hello John?
Speaker 12 (19:30):
Yes me, Yeah, calling me about pro big loss?
Speaker 1 (19:32):
Okay.
Speaker 5 (19:34):
My girlfriend has been in probate since twenty twenty one.
Involves a condo and Palm Springs that's sold. She's living
in the house in Los Angeles. There's ho eight fees
that were not paid for thirty seven thousand dollars on
the condo. So they want my girlfriend to pay the.
Speaker 12 (19:53):
Thirty seven thousand dollars plus lawyers see, and she says no,
I mean, you know, did she and she inherited the
property right, John, Yes, okay she and and so she's
inheriting a piece of property with thirty nine thousand dollars
ot on it.
Speaker 1 (20:13):
And she could say no, and let me ask you
what's it worth? John?
Speaker 5 (20:19):
The condo?
Speaker 12 (20:19):
Yeah, it's sold for a hundred it's sold one hundred
and forty five thousand.
Speaker 2 (20:25):
Okay, and it's so did she sell it or it sold?
And you say she's living in it?
Speaker 1 (20:31):
So what is the owner doing?
Speaker 4 (20:35):
I don't. We don't know the owner of the okay.
Speaker 2 (20:38):
So she so she she owned it and then she
sold it.
Speaker 1 (20:41):
Correct, I get.
Speaker 5 (20:44):
And all the the husband owned it before.
Speaker 12 (20:47):
He passed away?
Speaker 1 (20:48):
Whose husband?
Speaker 4 (20:50):
My girlfriend?
Speaker 2 (20:51):
Okay, her husband owned it and passed away. Then you
find out and was it in joint tenancy?
Speaker 1 (20:58):
Was it his soul? And separate property?
Speaker 2 (21:02):
The top property tax and HOA fees flow with the property.
And she doesn't owe any money. She doesn't know what
the she doesn't own the property.
Speaker 5 (21:14):
Well, they're telling her that she has to pay the thirty.
Speaker 2 (21:17):
No, no, no, she doesn't have to pay because she's
gonna end up paying somebody else's property. She sold the
property with a lean on it, basically is what she did.
Speaker 1 (21:30):
Here you go.
Speaker 2 (21:30):
I'm selling you a piece of property. By the way,
ten thousand dollars zode in taxes. Do you want the property?
Speaker 1 (21:36):
Yes or no? And so what the buyer does.
Speaker 2 (21:38):
Normally, what I would do is say, Okay, I'm buying it,
give me a ten thousand dollars credit. So I don't
quite understand what's going on with this. You're making it
a little bit confused, and I don't care. Hello, John, welcome,
Yes John, John, John, p yes, John.
Speaker 6 (21:59):
Yes, thank you. Yeah. So I bought an all encompassing
a tour to Iceland, including hotel tours, this, that, and
the other. It's a tune of five thousand dollars. It
was scheduled for two weeks two weeks to go. They
canceled it at the last minute, and I said that there,
(22:22):
we're going to reschedule it for one year later. I
can't go.
Speaker 1 (22:26):
Do you say you want your money back? That's all John,
You want your money back?
Speaker 6 (22:30):
Yeah, And they said in the terms and conditions on
the website that they only do refunds if it's canceled.
But since it's rescheduled.
Speaker 1 (22:39):
Oh yeah, I don't for a year.
Speaker 2 (22:41):
No, I don't buy that. I mean, you know it
may say that and you agreed to it. But if
you're talking about rescheduling a year from now and you're
arguing that not really, I would.
Speaker 1 (22:52):
Take him a small claim score. A judge may very
well say, you know what, John, you signed it. There
it is.
Speaker 2 (22:58):
It says if they reschedule or refunds, if it's canceled,
then they're going to argue rescheduling.
Speaker 1 (23:03):
Now, I would argue that's a technicality.
Speaker 2 (23:05):
I would argue that in principle, they cancel that a
year later, to me, is not a rescheduling.
Speaker 1 (23:13):
Although Iceland has a limited.
Speaker 2 (23:17):
A limited season that you know, you're not gonna go
in the winter because it gets pretty cold. By the way,
I just want to point something out. I've been to Iceland, Okay,
to waste the time. Go someplace, yeah, go someplace.
Speaker 1 (23:31):
Else unless you have.
Speaker 4 (23:34):
But you have a case.
Speaker 2 (23:36):
Yeah yeah, yeah yeah. By the way, are you an
outdoorsy person?
Speaker 6 (23:42):
I am?
Speaker 2 (23:42):
Oh, then okay, then that works because you know, for me,
I'm a deli kind of guy. You know, you know Iceland,
they don't have any good Jewish delis there.
Speaker 1 (23:50):
They don't have any Jews there.
Speaker 2 (23:52):
You know, what can I tell you but anyway, that's
uh yeah, I would consider taking a small claims court
and arguing that that is a canceling and their defenses
are exactly what I have pointed out. Now, if you
happen to live in chronic pain where you know someone
who does, I'm going to suggest a podcast for you,
The Pain Game Podcast. It's about living in with chronic
(24:16):
pain and the trauma that can cause it's have to prave.
I love this show because it is guests I have
lived with, dealt with, treated those living in pain. And
I've known the host, Lindsay Soprano for years and she's
really good.
Speaker 1 (24:31):
She deals with.
Speaker 2 (24:32):
Chronic pain herself twenty four to seven and heroically every
episode ends with a message of hope and counterintuitively, she
shows you how your pain can truly be given purpose.
Speaker 1 (24:46):
I mean it's wild, but you'll see how that works.
Speaker 2 (24:49):
Listen to the iHeartRadio app or any place, or you
listen to podcasts. It's the Pain Game Podcast. The Pain
Game Podcast, Johnny, your turn, welcome.
Speaker 1 (25:00):
Going to do for you?
Speaker 4 (25:01):
Hey, Bill, I was wondering, if you're a bartender and
you overserve somebody and.
Speaker 6 (25:05):
They get in trouble, how does that come back to you.
Speaker 4 (25:07):
How do they how do you prove that they didn't
drink somewhere else, et cetera.
Speaker 2 (25:10):
Okay, let me ask you this. Will you get in
trouble as what does that mean? Get in trouble?
Speaker 4 (25:15):
Well, they say, as a bartender, if you overserve somebody,
you're held liable if they cause an accident.
Speaker 1 (25:20):
Yeah, okay, and that's true. They have to cause an accident,
that's true.
Speaker 2 (25:25):
The law says that a bartender cannot serve someone who
is obviously drunk. And then the problem is is that
I don't know what that means, because now they have
to prove that they look drunk. You're not going to
give him a breathalyzer as a bartender, so they have
to put it together. He used to be called a
dram act. I think that's called. That does make the
(25:48):
bar responsible for any liability if someone is hurt someone,
For example, the drug driver goes out and plows into
a car, hurts someone, and it can all be traced back.
Speaker 1 (25:59):
To the bar where it was over where too much
booze was sold. But then there are defenses to that.
You know, he looked fine with me, and then there
are witnesses. They have to get him.
Speaker 2 (26:09):
Let's say, say he killed somebody and you have, of
course the planeff's attorney. Now they're they're asking everybody in
the bar, what did you see?
Speaker 1 (26:17):
How many drinks did you see? Did he appear drunk?
Was he doddering out of there?
Speaker 10 (26:25):
Uh?
Speaker 1 (26:25):
You know, I mean that's.
Speaker 2 (26:28):
How it works. Yeah, it's not easy to prove. But
in the end, well, let me put it this way.
If someone is hurt enough, believe me, they'll be an
attorney jumping all over it.
Speaker 1 (26:38):
You've heard me say that.
Speaker 6 (26:40):
Go ahead, I have to hurt somebody further to be
any further.
Speaker 1 (26:43):
Yeah, yeah, civil suit, Yeah, someone has to hurt.
Speaker 2 (26:45):
Now there's criminal violation where a bar cannot serve someone
who is obviously completely drunk.
Speaker 1 (26:53):
But you know, I mean, who's.
Speaker 2 (26:54):
Gonna complain about that if no one's hurt. So that's
that's the.
Speaker 1 (26:59):
Reality of it. Yeah, Hey, Mark, welcome to handle on
the law. Hi.
Speaker 10 (27:05):
Yeah, Mark, yes, Hi, thank you for taking my call.
Speaker 4 (27:08):
Sure.
Speaker 10 (27:10):
So, uh, my girlfriend, her mom passed away and left
her and her sister apartment.
Speaker 1 (27:21):
I'm sorry you're cutting out left her and her sister?
What and then she hold on wait, wait, wait.
Speaker 2 (27:26):
Hold on, you cut out we were at left her
and her sister and then I lost it after.
Speaker 10 (27:33):
That, there's her apartment complex, okay, got it, and the
stepdad was trying to take it for his Okay, and
so it was left. It wasn't in both of their names,
It's just in a mother's name. And so supposedly she
the mom wrote a will, but that was thrown out
when my girlfriend ejected.
Speaker 3 (27:54):
To the petition for probate.
Speaker 2 (27:56):
Okay, so mom, okay, So the mother died right, yeah, yes, okay,
and her husband died.
Speaker 9 (28:04):
No, No, her husband's still lives.
Speaker 2 (28:06):
Okay, but the but the mom owned the property. The
husband had nothing to do with the property, correct, they
got it?
Speaker 1 (28:12):
Okay, So mom writes a will and who she leave
the money to? Who she leave the property to?
Speaker 6 (28:19):
The stepdad wrote the will five days before she died.
Speaker 2 (28:22):
But how does the stepdad if it's it was, if
it's in the mom's name, what does stepdad have to
do with it?
Speaker 10 (28:29):
I'm sorry, I'm sorry, I apologizes.
Speaker 3 (28:30):
The husband wrote the will.
Speaker 2 (28:32):
To Okay, the husband wrote the will, but he didn't
but he didn't own the property. It was all the mom, correct, Okay,
and your sister and who was the property left to.
Speaker 4 (28:43):
Then my girlfriend. It was it was just name, okay, and.
Speaker 2 (28:48):
She was she attacked the will because the property was
left to someone other than your girlfriend.
Speaker 10 (28:55):
No, because the property is said that it goes to
to them. But then he was trying to get control
of everything.
Speaker 1 (29:03):
But he doesn't own the property.
Speaker 10 (29:05):
No, no, he doesn't own the property.
Speaker 9 (29:07):
So they threw the will out.
Speaker 2 (29:08):
Wait why did you throw the will out if it
was left to your girlfriend? Why would if that was
the intention, why would they throw the will out that
the mother signed.
Speaker 10 (29:18):
Well, because it was he wrote it and he has,
you know, interest.
Speaker 6 (29:23):
In the property.
Speaker 1 (29:24):
Oh so he was a beneficiary, yes, exactly. Okay, god,
all right, boy, that was different. All right? So what's
your question? All right, what's your question?
Speaker 11 (29:35):
How do you get paid?
Speaker 10 (29:37):
Everything's all said and done, it said final distribution and everything.
How do you he's not paying my girlfriend?
Speaker 6 (29:42):
So how do you get paid?
Speaker 1 (29:42):
What do you mean he's not paying? What is he gonna?
What's he supposed to pay? Your girlfriend?
Speaker 10 (29:46):
The rent? The rent that's been a collect so he wait.
Speaker 2 (29:48):
A second, he is collecting the rent? Yes, you sue.
This is so complicated. Yeah, there's too much there. You're
doing a horrible job of ex playing it to me,
and just yeah, good for you. And that's what this
show is all about. It is unintelligible questions. Bad breath,
(30:09):
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It's these little capsules. You pop two or three in
your mouth and they're covered with mint, and then you're
(30:30):
sucking with a mint. And then you swallow or you
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Other mints don't do that, so you end up with fresh,
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(30:52):
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Speaker 1 (31:21):
This is handle on the law
This is hand.
Speaker 2 (00:01):
Before we do that, let me give you some phone numbers. Yeah,
because wait, we have some lines, but I like a
full board.
Speaker 1 (00:06):
It makes me feel better.
Speaker 2 (00:07):
Eight hundred five two zero one five three four The
numbers top of the hour, as you know.
Speaker 1 (00:11):
Eight hundred five two zero one five three four.
Speaker 2 (00:15):
This is handle on the law, marginal legal advice.
Speaker 1 (00:19):
Remember Susan Smith. This was nineteen ninety four.
Speaker 2 (00:23):
She was sentenced to thirty years, a life sentence, but
with the possibility of parole.
Speaker 1 (00:29):
If you remember the story, good God.
Speaker 2 (00:32):
She was twenty three at the time and she claimed
that a black man in South Carolina, South Carolina had
kidnapped her kids when she was carjacked and there was
a huge man hunt. Turned out that she's the one
that rolled her car into the lake with her kids
strapped in, her two little ones strapped in. She was
(00:54):
having an affair with her boss's son who had just
broken up with her. He didn't want children, so she said, okay,
I'll have no kids. Basically, I'll kill my kids. And
so she was convicted with the possibility of parole. So
now she goes in front of the parole board and
she's asking for her release.
Speaker 1 (01:14):
I know what I did was horrible.
Speaker 2 (01:17):
So the parole board asks her, how about the previous
disciplinary charges in prison that you had. I've learned from
my mistakes, and she ends her plea with I am
a Christian and God is a big part of my life,
and I know He has forgiven me, and I know
that that's the case by his grace and mercy. I
just asked that you show the same kind of mercy
(01:37):
as well. Well that's a jump.
Speaker 1 (01:39):
Maybe God didn't forgive her for killing her toddlers, now,
is that possible.
Speaker 2 (01:44):
Well, as you can imagine, they said no, thank you,
back you go. I don't know she's ever ever going
to get parole, not with this kind of crime. Charles
Manson he had originally gotten the death penalty. It was
overturned by law, and that was in general across the board,
and so he got life in prison with the possibility
(02:04):
of parole because that was the law in those days. Well,
he went in front of the parole board half a
dozen times and they said no. But the fact that
he came in and had slashed the swastika on his
forehead didn't help. And he came in screaming to the
parole board it was all their fault, so needless to say,
he died in prison. But it's not easy, not easy
to get out with parole.
Speaker 1 (02:26):
They just don't jump on it. Yeah, all right, Tom,
You have a question.
Speaker 3 (02:31):
Tom, Hey, Bill, how you doing?
Speaker 1 (02:35):
Yes, sir, what can I do for you?
Speaker 4 (02:37):
All right?
Speaker 3 (02:37):
Question for you. I want to see if you know
about this law. California became the first state to ban
student gender notification policies.
Speaker 1 (02:46):
Yeah. Couldn't tell the parents.
Speaker 2 (02:47):
Yeah, yeah, schools can't tell the parents if the student
it identifies himself for herself as the opposite sex.
Speaker 1 (02:54):
Yeah, I can't tell mom and dad.
Speaker 3 (02:57):
Is that a bill or is not a law?
Speaker 2 (02:59):
It's a law, and it was a bill. It didn't
go it went through the legislature. I think it didn't
go proposition. It wasn't a proposition. It was the legislature
put that up. The governor signed it.
Speaker 3 (03:11):
I don't remember getting a chance to vote on that.
Speaker 1 (03:13):
You didn't because it was through the legislature.
Speaker 3 (03:16):
That's outrageous.
Speaker 1 (03:17):
Oh god, yeah, I know it.
Speaker 2 (03:19):
Just you know the fact that legislature legislators pass laws
that you don't agree with.
Speaker 1 (03:23):
I boy, you're right, that is outrageous.
Speaker 3 (03:26):
Well, but That's why I'm asking. You know it should
have been voted on, don't you think not necessarily?
Speaker 2 (03:32):
I mean, propositions happen all the time. You can put
a proposition, you can reverse that, and you put up
a proposition and you get half a million or seven
hundred thousand signatures that are verified, which means you have
to get like nine hundred thousand because they're really careful
about it, and then you put it to the vote
and then the people of California.
Speaker 3 (03:53):
Yeah, I know, you don't have a lot of time
to check this out. I'm sixty six years old. When
I was in grade school, they used to have peak
parent parent teacher converences.
Speaker 4 (04:02):
Remember that.
Speaker 3 (04:02):
Yeah, so obviously if your child is saying something to
the teacher in school, the parent would want to know
about that. I mean maybe.
Speaker 1 (04:12):
Maybe, but it doesn't matter. The law's gone the other way.
Speaker 2 (04:17):
Yeah, yeah, there's I mean, there's not much you can
do about it. You know, welcome to democracy. And there's
two ways you pass laws in California. One through the
well actually three ways. One through the legislature where they
straight out do a law. Here we go, they vote
on it majority or two thirds if it's attacks whatever
the rules are, and then it goes to the governor
who either.
Speaker 1 (04:37):
Vetos it or it's a pocket veto.
Speaker 2 (04:40):
If he doesn't sign it, it becomes vetoed anyway, or
he signs it and becomes law.
Speaker 1 (04:44):
That's one way. The other one is proposition.
Speaker 2 (04:46):
Just like I explained that, you put it to the
voters and the legislature has nothing to do with it.
Speaker 5 (04:52):
Uh.
Speaker 2 (04:52):
The other way, the legislature can put it as a proposition.
That way they don't have to vote on it, so
they don't get tagged.
Speaker 1 (04:59):
One way the other. I mean, it's kind of a
chicken way to do it.
Speaker 2 (05:02):
But they put it out there and the voters, you know,
say yay, your nay and whatever.
Speaker 1 (05:07):
Legislators said, Hey, I left it up to the voters.
I didn't vote on it. So that's how that works.
Oh all right. Joel, Hi, Joel, welcome.
Speaker 4 (05:19):
Hi, good morning, mister handle pleasure speaking with you. I've
been listening for years. What can I do for a
twenty years ago, a public utility ten feet wide was
abandoned between myself and my neighbor's property, and so they
offered it for sale. I went down to the county,
I bought my five feet, and I bought the neighbor's
five feet, So at the end of the day, before
(05:42):
the easement was abandoned, before I bought it, the neighbor
had built this pool up to the property line. So
now I have part of a pool, a water slide,
and a waterfall on your proper.
Speaker 2 (05:51):
By the way, do you have tid Do you have
now title to that piece of land?
Speaker 1 (05:56):
Has the easeman been reversed?
Speaker 2 (05:59):
Yes, sir, okay, So usually they don't sell you easements.
I haven't heard of that, but okay, I'll buy that.
So they had an easement, they don't want them anymore.
They turned around and I guess sold you their rights
to that piece of property.
Speaker 1 (06:13):
Do I have that right?
Speaker 4 (06:14):
Yes? I own Yes, okay, I.
Speaker 1 (06:16):
Got it all right.
Speaker 2 (06:17):
And now you have a neighbor who has built on
your property?
Speaker 4 (06:22):
Yes, okay, what's your question? My neighbor was such a
nasty cantanker's person. I wouldn't even think about this and
starting a war. But I am ready to approach him
and say, hey, buy the five feet or move your pool.
But I haven't do anything about it.
Speaker 2 (06:34):
In twenty this, don't even buy the five feet, not
don't even buy the five feet move.
Speaker 4 (06:38):
Your pool, Move your pool.
Speaker 1 (06:41):
Yeah, move your.
Speaker 4 (06:41):
Pool, and I'm going to corposition. Doesn't hurt me.
Speaker 2 (06:45):
No, No, And he's built on it now, I now
he's gonna argue you knew I was building on it,
and you knew I was building on your property, and
you didn't do anything about it. You didn't say anything.
You waited until it was finished. That is going to
be a defense that they're going to use.
Speaker 4 (07:05):
But it was already built when I bought it, so
I didn't.
Speaker 2 (07:07):
Oh, then you're fine, then you go then just yeah,
I don't know how many years it's been there, and
I don't know when you bought the easement. Was the
property already when you bought the easement, was the pool
already there?
Speaker 4 (07:19):
Yes, sir?
Speaker 2 (07:20):
Okay, now you got a situation with a real estate
attorney to deal with this, Okay, because now you've got
a little complication. But in the end, if the guy
is really a jerk, you smile and go move your pool.
Speaker 1 (07:31):
How about that?
Speaker 4 (07:32):
Okay?
Speaker 2 (07:33):
All right, Yeah, that's that's what I would do legally.
I mean, I don't know how much its gonna cost
to hire a lawyer on that. That's not easy, a
lot of defenses, the easement, I mean all of that. Now,
before we take a break, I want to tell you
about the Pain Game Podcast. And this is about chronic
pain and trauma. Now, if you live in chronic pain
(07:53):
or you know someone who does, the Pain Game Podcast
is about that and and the trauma that causes the pain.
Speaker 1 (08:00):
It's half to prave. I love that part.
Speaker 2 (08:03):
Guests on the show have we either live with, have
dealt with? Treated those living in pain? And the host
Lindsey Soprano I've known for years and years and she
deals with chronic pain. She has it twenty four to seven.
Every episode ends with a message of hope. And here's
something counterintuitive. It really is about giving pain purpose. That
(08:25):
was weird, but you'll see when you listen to it.
The Pain Game Podcast, The Pain Game Podcast.
Speaker 6 (08:32):
Karen.
Speaker 1 (08:32):
Hi, Karen, welcome to hand Al on the Law.
Speaker 7 (08:35):
HI question for you.
Speaker 4 (08:37):
Yeah, I know a family.
Speaker 7 (08:40):
The mother died, Oh nice left the minors.
Speaker 4 (08:43):
Well happens.
Speaker 7 (08:45):
Mother died left a minor child and an adult child,
but nothing in writing taking care of the kid.
Speaker 4 (08:52):
The girl.
Speaker 7 (08:53):
The sister took the child, never enrolled her in school.
She's now nine years old. This was a boyfriend and
another couple in a one bedroom apartment. I've suggested consulting
with an attorney, but they've done nothing. Can I give
them your number?
Speaker 2 (09:10):
Well, no, because I'm not gonna be able to do
anything unless they want to listen to the show and
I'll tell them, you know, I'll give him marginal legal advice. No,
but I will talk a little bit about the law
and what they're doing. And they're violating the law big time.
It's criminal violations what they're doing. And it's not a
lawyer that should be involved, should be the district attorney. Now,
(09:33):
is the sister the only aunt that this child has are.
Speaker 4 (09:39):
The other This is the sister of the child.
Speaker 1 (09:43):
Oh, she's living with the sister of the child. Yeah,
but not in school?
Speaker 2 (09:48):
You know what, I call the authorities on that because
what what she is de facto a parent. She's taken
the child even without which can happen all the time.
I mean, you know, brother sister can take kids and
they don't have to go to court if no one's
contesting it. But not putting the kid in school, that
is a violation big time.
Speaker 1 (10:09):
So you go to uh, you go to the DA,
or you go to That's what I would do, or
even call the school board.
Speaker 2 (10:15):
They'll they'll tell you where to go. Yeah, that one's
a no no. And you don't need a lawyer for that,
and you certainly don't need me.
Speaker 1 (10:21):
Do I give them your number? What the hell are Okay? Sure?
Eight hundred and five two zero one five three four.
We can call in.
Speaker 2 (10:28):
People are very strange and they for some reason they
want to retain me, and I wouldn't retain me.
Speaker 1 (10:35):
Is very hard.
Speaker 2 (10:36):
Oh all right, Nash, Hello, Nash, welcome.
Speaker 8 (10:41):
Good morning, mister Handel.
Speaker 1 (10:42):
Yes, sir, what can I do for you?
Speaker 4 (10:44):
Now here?
Speaker 9 (10:45):
The second time Harry call you a date on my case,
we went to a settlement conference and my lawyer had
told me two days before everything looks good. Our settlements
should go through and give me a call the next day.
He never did found out that the case from now
going to trial. I'm trying to figure out what happens next?
Speaker 3 (11:05):
Is my trial?
Speaker 2 (11:07):
You got a trial? Obviously there was no settlement. However,
let me ask something. Had you already agreed to the number?
Have you agreed to the do you agree to the
settlement figure?
Speaker 3 (11:19):
No?
Speaker 4 (11:19):
I was never informed.
Speaker 2 (11:20):
Okay, then there was, then there was nothing there. Then
it's as if the mediation didn't occur because.
Speaker 1 (11:25):
Your lawyer has to tell you do you agree to
this number.
Speaker 2 (11:30):
Or the insurance company agrees to that number. I mean,
that's what mediation is all about. And if there isn't
an agreement, then there's no agreement. So it's are you
the one that's suing?
Speaker 4 (11:42):
Nash?
Speaker 1 (11:42):
Are you suing? Okay, So here's what happens.
Speaker 2 (11:48):
You have you know, the other side to say no,
I don't want to settle, let's go to trial, all right,
then go to trial.
Speaker 1 (11:54):
You don't have much of a choice. So that's what
happens next. Fact, Now here's the problem.
Speaker 2 (12:01):
You're a lawyer not telling you that. That's problematic. Yeah,
you wonder what that's a red flag that you're a
lawyer not telling you how much money? How much money
are you asking for?
Speaker 4 (12:12):
Nash?
Speaker 1 (12:14):
I haven't asked for a penny?
Speaker 2 (12:16):
Well, then what are you settling? What's what's the settlement
agreement about?
Speaker 9 (12:21):
That's what I was trying to get from mind, What
do you what do you want a new lifestyle?
Speaker 3 (12:27):
I'm just kidding, No, I just I just want this
to be over, to be honest.
Speaker 1 (12:30):
Okay, well then then dismissed the case. Then walk away.
Then just dismiss it. I'm done. I don't want to
deal with it anymore. People do that. Or you can
go to another lawyer. Yeah, call your lawyer and I'll
tell you what you can also do.
Speaker 8 (12:46):
Uh.
Speaker 2 (12:46):
There, handle on the Law dot com does personal injury.
Speaker 1 (12:50):
They have personal injury lawyers.
Speaker 2 (12:52):
So go to handle on the Law dot com and
you'll talk to one or two of the lawyers. And
then they're very good. I mean they're not going to
try to grab a case or anything. Uh, but they'll
tell you, hey, here are your options, here's what you
should do.
Speaker 1 (13:03):
They'll ask you many more questions that.
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Speaker 1 (14:35):
Hell am I goel.
Speaker 8 (14:37):
Hey Bill, I called you last week, but I got
cut off and I didn't hear your ANIR.
Speaker 1 (14:42):
I probably hung up on you. Okay, yeah, I got you.
Speaker 8 (14:46):
I've got a thirteen acre parcels land with a really
simple straight note interest only for five years that I
was in the process of selling someone and just tew
days before I had to foreclose on them because they
have been paying neither the property tax or anything. They
(15:07):
could claim the property.
Speaker 6 (15:08):
To a relative and yeah relative, Yeah, no you can.
Speaker 2 (15:13):
Here's the problem. You're gonna have to unravel it. It
made it really complicated. Uh, you are a creditor and
you are going to have to go into bankruptcy court
to unravel all of that and give you back your property.
And the bankruptcy court will do it. You just have
to find out when the hearing is.
Speaker 1 (15:29):
You should, they should give you the hearing. But you can.
Speaker 2 (15:34):
You can find out because it's the name of the
person and it's it's a public document bankruptcy court, and
you can look it up because when the filing took
place of that relative, it is right there in the
bankruptcy proceedings in the documentation.
Speaker 8 (15:52):
My question was it was it wasn't dulive.
Speaker 6 (15:56):
It was on the I had to do it via.
Speaker 4 (16:02):
Zoom.
Speaker 2 (16:03):
Okay, so that's fine, yeah, of course, oh yeah, yeah, yeah,
it's fine. They do uh oh yeah, proceedings were on
zoom constantly.
Speaker 1 (16:12):
As a matter of fact.
Speaker 2 (16:13):
Uh, You've got all kinds of motions on zoom, even
criminal stuff, which you have to be there. Uh, when
indictments are there and the pleas are there.
Speaker 1 (16:21):
Yeah, that's done on zoom. Yeah. It's the only.
Speaker 2 (16:24):
Thing is trials, criminal trials, jury trials.
Speaker 10 (16:29):
Uh.
Speaker 2 (16:30):
There, those have to be live in person for sure.
Speaker 1 (16:36):
Mary. Hi, Mary, welcome to handle on the law.
Speaker 11 (16:40):
Hi, this is Mary. Yes, it is okay. I work
for a large root chain. I'm a cake decorator and
I was off the next day. I come then the
cay case is empty, and so I have preful rofty
in my legs and my feet, and the doctor put
me on for four hours a day only in there,
(17:01):
she says, threw the cake case up and I had
your thirty cakes. She left nails on myself. I ended
up and she is absolutely no overtime. So I woke
ten hours okay, all.
Speaker 1 (17:14):
Right, they and they didn't pay overtime, all right?
Speaker 11 (17:16):
Uh no all the time.
Speaker 1 (17:19):
Okay, and they do it all the time. Okay. What's
your question?
Speaker 11 (17:23):
Well, anyhow, because it's working on all those hours.
Speaker 1 (17:26):
No, okay, So I'm assuming your question is what do
I do? Bill?
Speaker 9 (17:32):
Well?
Speaker 11 (17:33):
Can I do anything?
Speaker 2 (17:34):
Because I yes, yes, okay, So all right, so ask
me the question here it is, I'm going to quote
for you.
Speaker 1 (17:41):
What do I do? Bill? Go ahead and ask.
Speaker 11 (17:43):
Me what do I Can I sue for injury?
Speaker 1 (17:47):
Because no, you can't sue for injury. It's a worker's
comp situation. So what you have to do?
Speaker 2 (17:53):
Yeah, it's workers comp. You can't sue for injury because
you're suing your own company. And uh under it's a
work comp because we're californ is a work comp state. However,
you've got all kinds of violations going on, and so
what I'm going to suggest you get hold of the
labor board and that's in quotes, and that's the Department
of Industrial Relations, that's the department at handle the State
of California Wage Enforcement Division, and they'll take care of
(18:18):
you and you don't need a lawyer. They do it
all and next time and if you're still working there,
you know what on cakes on? You know, because you
do happy birthday and all that stuff and names the people, right, yeah,
misspell every misspell everybody's name. Okay, sure you can, you know,
(18:40):
and then put on car you know, all kinds of phrases,
you know, happy birthday you're really ugly. I mean, you
can do a lot of stuff with cake decorating. Okay, well,
then you can't.
Speaker 1 (18:52):
See what I like to do if I'm ever asked
to bring a birthday cake. Here's what's fun.
Speaker 2 (18:58):
Is you put down you buy cake, and let's say
you are buying a cake for Susan, and so do
you buy the cake and you asked the decorator to
write Happy Birthday, Alice, and you cross that out and
an angle you put Susan's name, and you say I
got the cake for half price. I've done that very strong.
(19:21):
People really don't ask me anymore to do that. But
that's okay, all right, John, you're up?
Speaker 1 (19:27):
Hello John?
Speaker 12 (19:30):
Yes me, Yeah, calling me about pro big loss?
Speaker 1 (19:32):
Okay.
Speaker 5 (19:34):
My girlfriend has been in probate since twenty twenty one.
Involves a condo and Palm Springs that's sold. She's living
in the house in Los Angeles. There's ho eight fees
that were not paid for thirty seven thousand dollars on
the condo. So they want my girlfriend to pay the.
Speaker 12 (19:53):
Thirty seven thousand dollars plus lawyers see, and she says no,
I mean, you know, did she and she inherited the
property right, John, Yes, okay she and and so she's
inheriting a piece of property with thirty nine thousand dollars
ot on it.
Speaker 1 (20:13):
And she could say no, and let me ask you
what's it worth? John?
Speaker 5 (20:19):
The condo?
Speaker 12 (20:19):
Yeah, it's sold for a hundred it's sold one hundred
and forty five thousand.
Speaker 2 (20:25):
Okay, and it's so did she sell it or it sold?
And you say she's living in it?
Speaker 1 (20:31):
So what is the owner doing?
Speaker 4 (20:35):
I don't. We don't know the owner of the okay.
Speaker 2 (20:38):
So she so she she owned it and then she
sold it.
Speaker 1 (20:41):
Correct, I get.
Speaker 5 (20:44):
And all the the husband owned it before.
Speaker 12 (20:47):
He passed away?
Speaker 1 (20:48):
Whose husband?
Speaker 4 (20:50):
My girlfriend?
Speaker 2 (20:51):
Okay, her husband owned it and passed away. Then you
find out and was it in joint tenancy?
Speaker 1 (20:58):
Was it his soul? And separate property?
Speaker 2 (21:02):
The top property tax and HOA fees flow with the property.
And she doesn't owe any money. She doesn't know what
the she doesn't own the property.
Speaker 5 (21:14):
Well, they're telling her that she has to pay the thirty.
Speaker 2 (21:17):
No, no, no, she doesn't have to pay because she's
gonna end up paying somebody else's property. She sold the
property with a lean on it, basically is what she did.
Speaker 1 (21:30):
Here you go.
Speaker 2 (21:30):
I'm selling you a piece of property. By the way,
ten thousand dollars zode in taxes. Do you want the property?
Speaker 1 (21:36):
Yes or no? And so what the buyer does.
Speaker 2 (21:38):
Normally, what I would do is say, Okay, I'm buying it,
give me a ten thousand dollars credit. So I don't
quite understand what's going on with this. You're making it
a little bit confused, and I don't care. Hello, John, welcome,
Yes John, John, John, p yes, John.
Speaker 6 (21:59):
Yes, thank you. Yeah. So I bought an all encompassing
a tour to Iceland, including hotel tours, this, that, and
the other. It's a tune of five thousand dollars. It
was scheduled for two weeks two weeks to go. They
canceled it at the last minute, and I said that there,
(22:22):
we're going to reschedule it for one year later. I
can't go.
Speaker 1 (22:26):
Do you say you want your money back? That's all John,
You want your money back?
Speaker 6 (22:30):
Yeah, And they said in the terms and conditions on
the website that they only do refunds if it's canceled.
But since it's rescheduled.
Speaker 1 (22:39):
Oh yeah, I don't for a year.
Speaker 2 (22:41):
No, I don't buy that. I mean, you know it
may say that and you agreed to it. But if
you're talking about rescheduling a year from now and you're
arguing that not really, I would.
Speaker 1 (22:52):
Take him a small claim score. A judge may very
well say, you know what, John, you signed it. There
it is.
Speaker 2 (22:58):
It says if they reschedule or refunds, if it's canceled,
then they're going to argue rescheduling.
Speaker 1 (23:03):
Now, I would argue that's a technicality.
Speaker 2 (23:05):
I would argue that in principle, they cancel that a
year later, to me, is not a rescheduling.
Speaker 1 (23:13):
Although Iceland has a limited.
Speaker 2 (23:17):
A limited season that you know, you're not gonna go
in the winter because it gets pretty cold. By the way,
I just want to point something out. I've been to Iceland, Okay,
to waste the time. Go someplace, yeah, go someplace.
Speaker 1 (23:31):
Else unless you have.
Speaker 4 (23:34):
But you have a case.
Speaker 2 (23:36):
Yeah yeah, yeah yeah. By the way, are you an
outdoorsy person?
Speaker 6 (23:42):
I am?
Speaker 2 (23:42):
Oh, then okay, then that works because you know, for me,
I'm a deli kind of guy. You know, you know Iceland,
they don't have any good Jewish delis there.
Speaker 1 (23:50):
They don't have any Jews there.
Speaker 2 (23:52):
You know, what can I tell you but anyway, that's
uh yeah, I would consider taking a small claims court
and arguing that that is a canceling and their defenses
are exactly what I have pointed out. Now, if you
happen to live in chronic pain where you know someone
who does, I'm going to suggest a podcast for you,
The Pain Game Podcast. It's about living in with chronic
(24:16):
pain and the trauma that can cause it's have to prave.
I love this show because it is guests I have
lived with, dealt with, treated those living in pain. And
I've known the host, Lindsay Soprano for years and she's
really good.
Speaker 1 (24:31):
She deals with.
Speaker 2 (24:32):
Chronic pain herself twenty four to seven and heroically every
episode ends with a message of hope and counterintuitively, she
shows you how your pain can truly be given purpose.
Speaker 1 (24:46):
I mean it's wild, but you'll see how that works.
Speaker 2 (24:49):
Listen to the iHeartRadio app or any place, or you
listen to podcasts. It's the Pain Game Podcast. The Pain
Game Podcast, Johnny, your turn, welcome.
Speaker 1 (25:00):
Going to do for you?
Speaker 4 (25:01):
Hey, Bill, I was wondering, if you're a bartender and
you overserve somebody and.
Speaker 6 (25:05):
They get in trouble, how does that come back to you.
Speaker 4 (25:07):
How do they how do you prove that they didn't
drink somewhere else, et cetera.
Speaker 2 (25:10):
Okay, let me ask you this. Will you get in
trouble as what does that mean? Get in trouble?
Speaker 4 (25:15):
Well, they say, as a bartender, if you overserve somebody,
you're held liable if they cause an accident.
Speaker 1 (25:20):
Yeah, okay, and that's true. They have to cause an accident,
that's true.
Speaker 2 (25:25):
The law says that a bartender cannot serve someone who
is obviously drunk. And then the problem is is that
I don't know what that means, because now they have
to prove that they look drunk. You're not going to
give him a breathalyzer as a bartender, so they have
to put it together. He used to be called a
dram act. I think that's called. That does make the
(25:48):
bar responsible for any liability if someone is hurt someone,
For example, the drug driver goes out and plows into
a car, hurts someone, and it can all be traced back.
Speaker 1 (25:59):
To the bar where it was over where too much
booze was sold. But then there are defenses to that.
You know, he looked fine with me, and then there
are witnesses. They have to get him.
Speaker 2 (26:09):
Let's say, say he killed somebody and you have, of
course the planeff's attorney. Now they're they're asking everybody in
the bar, what did you see?
Speaker 1 (26:17):
How many drinks did you see? Did he appear drunk?
Was he doddering out of there?
Speaker 10 (26:25):
Uh?
Speaker 1 (26:25):
You know, I mean that's.
Speaker 2 (26:28):
How it works. Yeah, it's not easy to prove. But
in the end, well, let me put it this way.
If someone is hurt enough, believe me, they'll be an
attorney jumping all over it.
Speaker 1 (26:38):
You've heard me say that.
Speaker 6 (26:40):
Go ahead, I have to hurt somebody further to be
any further.
Speaker 1 (26:43):
Yeah, yeah, civil suit, Yeah, someone has to hurt.
Speaker 2 (26:45):
Now there's criminal violation where a bar cannot serve someone
who is obviously completely drunk.
Speaker 1 (26:53):
But you know, I mean, who's.
Speaker 2 (26:54):
Gonna complain about that if no one's hurt. So that's
that's the.
Speaker 1 (26:59):
Reality of it. Yeah, Hey, Mark, welcome to handle on
the law. Hi.
Speaker 10 (27:05):
Yeah, Mark, yes, Hi, thank you for taking my call.
Speaker 4 (27:08):
Sure.
Speaker 10 (27:10):
So, uh, my girlfriend, her mom passed away and left
her and her sister apartment.
Speaker 1 (27:21):
I'm sorry you're cutting out left her and her sister?
What and then she hold on wait, wait, wait.
Speaker 2 (27:26):
Hold on, you cut out we were at left her
and her sister and then I lost it after.
Speaker 10 (27:33):
That, there's her apartment complex, okay, got it, and the
stepdad was trying to take it for his Okay, and
so it was left. It wasn't in both of their names,
It's just in a mother's name. And so supposedly she
the mom wrote a will, but that was thrown out
when my girlfriend ejected.
Speaker 3 (27:54):
To the petition for probate.
Speaker 2 (27:56):
Okay, so mom, okay, So the mother died right, yeah, yes, okay,
and her husband died.
Speaker 9 (28:04):
No, No, her husband's still lives.
Speaker 2 (28:06):
Okay, but the but the mom owned the property. The
husband had nothing to do with the property, correct, they
got it?
Speaker 1 (28:12):
Okay, So mom writes a will and who she leave
the money to? Who she leave the property to?
Speaker 6 (28:19):
The stepdad wrote the will five days before she died.
Speaker 2 (28:22):
But how does the stepdad if it's it was, if
it's in the mom's name, what does stepdad have to
do with it?
Speaker 10 (28:29):
I'm sorry, I'm sorry, I apologizes.
Speaker 3 (28:30):
The husband wrote the will.
Speaker 2 (28:32):
To Okay, the husband wrote the will, but he didn't
but he didn't own the property. It was all the mom, correct, Okay,
and your sister and who was the property left to.
Speaker 4 (28:43):
Then my girlfriend. It was it was just name, okay, and.
Speaker 2 (28:48):
She was she attacked the will because the property was
left to someone other than your girlfriend.
Speaker 10 (28:55):
No, because the property is said that it goes to
to them. But then he was trying to get control
of everything.
Speaker 1 (29:03):
But he doesn't own the property.
Speaker 10 (29:05):
No, no, he doesn't own the property.
Speaker 9 (29:07):
So they threw the will out.
Speaker 2 (29:08):
Wait why did you throw the will out if it
was left to your girlfriend? Why would if that was
the intention, why would they throw the will out that
the mother signed.
Speaker 10 (29:18):
Well, because it was he wrote it and he has,
you know, interest.
Speaker 6 (29:23):
In the property.
Speaker 1 (29:24):
Oh so he was a beneficiary, yes, exactly. Okay, god,
all right, boy, that was different. All right? So what's
your question? All right, what's your question?
Speaker 11 (29:35):
How do you get paid?
Speaker 10 (29:37):
Everything's all said and done, it said final distribution and everything.
How do you he's not paying my girlfriend?
Speaker 6 (29:42):
So how do you get paid?
Speaker 1 (29:42):
What do you mean he's not paying? What is he gonna?
What's he supposed to pay? Your girlfriend?
Speaker 10 (29:46):
The rent? The rent that's been a collect so he wait.
Speaker 2 (29:48):
A second, he is collecting the rent? Yes, you sue.
This is so complicated. Yeah, there's too much there. You're
doing a horrible job of ex playing it to me,
and just yeah, good for you. And that's what this
show is all about. It is unintelligible questions. Bad breath,
(30:09):
your bad breath, my bad breath. You care, well, most
of us do care, especially if you're breathing someone else's
bad breath. So let me suggest Zelman's minty mouth mins
to take care of it, because it does way more
than a mint. I don't even know why they call
it a mint. Well, there's a mint part of it.
It's these little capsules. You pop two or three in
your mouth and they're covered with mint, and then you're
(30:30):
sucking with a mint. And then you swallow or you
bite into the capsules and they're partially seed oil. They
go down into your stomach where they really get to work.
Other mints don't do that, so you end up with fresh,
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there that comes even close to doing that. And here
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(30:52):
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Speaker 1 (31:21):
This is handle on the law
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