(11/25) HOTL Hour 2

Handel on the Law, Marginal legal replay.

Episode Transcript

(00:01):
You're listening to Bill Handle on Demandfrom KFI AM six forty. This is
Handle on the Law marginal legal advice, where I tell you you have absolutely
no case. If you're injured needa lawyer, go to handle on the
law dot com. And if you'rea lawyer and want to help our listeners,
please go to handle on the lawdot com. Click on the join

(00:24):
today tab at the top of thepage. The following is up he recorded
program Veronica. Hello Veronica, HiBill. I have a question regarding some
insurance issue my mom. She's beenbattling cancer for the last year and a
half and she had to retire acouple of months ago, and she still

(00:47):
has insurance through her employer. However, the policy usually is over at the
end of December. My mom's deductiblehas been paid off. Recently they changed
over the insurance, but now shehas to pay the deductible all over again.
I just want wait, anut,wait, wait, wait, she
has to pay They changed it beforethe the insurance policy ends in December.

(01:12):
Let's say they've changed it before thatjust arbitrarily said we're not waiting for the
insurance policy to lapse or to end. We are now changing it mid stream.
Do I have that right? That'scorrect? Oh? Okay? Uh?
And now so she has a wholenew deductible to to pay ye surgery

(01:34):
coming up? And no, no, yeah, no, I get it
all right. Practically can she holdout off? Well, and that doesn't
matter, well, could she holdout off until the end of the year
or the start of the new year? Practically speaking, now, I'm just
saying, can she hold it off? We're close enough? No? No,
okay, Well, I just curiousbecause that would have uh been a
real easy answer and it's not alegal answer. It just would have happened.

(01:57):
They did tell us because because Iasked with the new policy, we
asked the new insurance company how longthis policy will ask if it's just going
to be until the end of theyear, but they said it's going to
be a whole twelve months, soit'll start over again October next time.
Wow, okay, so effectively,yeah, you paid. You know,

(02:23):
I know they can change the policyobviously, but do they change it when
the policies over well this month tomonth. I know my company I had
a kaiser plan, but it waswe could cancel it, I think within
sixty days, you know, what. I don't know the answer to that.
That's the problem. I really don'tknow the answer. So I think

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you have to talk to someone knowsinsurance and who does not give marginal insurance
advice. Does that help? Probablynot? Katie, Hi, Katie,
welcome? Oh hi Bill. Okay. My question is I have a neighbor
from Hell. I live in OrangeCounty. He has his music on all

(03:05):
the time after hours, so teneleven twelve that night. Okay. Are
you in a single family dwelling orare you an apartment or condo? We
are in a residential area. Okay, so you're a family, single family
home. Yes, okay, soyou st your next door neighbor and there's
the side yard and all that betweenyou. Correct, Yes, we live

(03:28):
close to each other. Okay,all right, I just wanted to get
that. All right, So let'smove on. He plays all kinds of
music after ten o'clock at night,right, Yes, can you call the
police? We've done that before.We have prior incidences. And what happens
is that he turns off his lightsand everything and just hides in his house.
Are there any other neighbors that canAre there any other neighbors that can

(03:49):
complain. Yes, other neighbors onthe other side, okay, and are
they complaining to the police. Theyhave complained about other incidences. Now,
if you're trying to stop him todo the music, it's the music,
it's the noise. So both ofyou, both of you have to complain.
How about all the lights on,videoing it and uh recording the music

(04:15):
and then you show the police.Uh here it is until you show up.
How do they know that you're callingthe police? The police show up,
let's say, and at that momentthe lights and them go off and
the music goes off. Yeah.Yeah, because you can see the police
lights, you know, the car, and he'll so any car that drives
up you go the car, Yeah, he'll just you know, he's he

(04:40):
you know, he's you know,he's mental and just every time on the
police. Yeah, no, Iknow, it's it's a yeah. I'm
just trying to figure out because thesethings are just a bear to deal with
legally, because you know, I'vesaid this so many times. Sometimes the
law is right on, and sometimesthe law is sloppy as hell, And
when you're dealing with next door neighborsand always now sloppy comes in. Why

(05:02):
too loud. Who determines it's tooloud makes it uninhabitable? I can't,
you know, I just can't livethis way? Why I could? You
can't. It's it's all subjective.That's the problem, all right. So
you record in the house. It'sin the house. You can hear the
vibration in the night past ten o'clock. And if I wanted to go proceed

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it through court, is there away I can get Is there a way
I can do it for free?Or do I need a hire? No?
You can do it. No,you can get a Well, here's
the problem. What you can dois get a restraining order. Court will
give you a restraining order, andthen now they're in violation, your neighbor's
violation the restraining order. You callthe police. Who's gonna come out?
Okay, he turns off his lights, he hides, no more music,

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and the police say, there's nothinghere. I don't see a restraint.
I don't see an order being violated. So now what you have to do
is tell you I would get andI don't know where you get this,
but this is where I would go. Because you don't want to go to
court if you possibly can't, issomehow record certainly the sound that's easy because

(06:12):
that's time dated. That's time datedon any device. And then as far
as the magnitude the decibel level,here's what I would do it. And
I don't know the answer. Thisis practical. Is there some way of
getting a device out there, rentinga device, hiring someone to actually record
the decibel level? I mean,I know that can be done. That

(06:33):
is easy. I had a problemwith neighbors upstairs in my daughter's place and
I had to get a sound engineerand that cost me fifteen hundred bucks.
But that was a different story.This, I think you don't have to
go that far. All you wantto do because there was a full written
report and all kinds of stuff.You just want a decibel level and if

(06:53):
you can possibly get that. Butit's really bad. It is when you
have a neighbor. It's almost yeah, really, do you have a baseball
Do you have a baseball bat athome? Do you have kids that play
baseball? Uh? No? Okay, okay, one more quick question,
don't sure? Okay, same neighbor. He has this big oak tree hanging

(07:16):
over our house and years, twoyears ago the branch is one of the
branches broke on the house. Wehad a PS thousand dollars small sport case.
Well, they saw you do wasget a judgment. But what I
do next time anything that hangs overyour house, anything you chop off.
If that tree is one inch overyour property, you can chop off the

(07:38):
branch and let him know, chopoff the branch where I'm going to do
it, and you do it andyoussue him for what it comes. Yeah,
he has no money though, butwe can. I can do it
that way where I can. Okay, so I can go. Yeah,
as long as you're as long asi'm your property, and you tell him
you're going to do it, yougotta matter what of me? He has
no money? How's the afford livingthere? You know he he has his
parents taking care of him and heis on disability. Oh boy, you

(08:00):
got a problem. Yeah, yeah, yeah, that's a problem. I
know. It's just that is boy. I did sometimes it just I can
know how frustrated it is. Andthere are no easy answers. Do you
ever see Pacific Heights a movie wherethe guy comes in and I'm trying to
remember who, Well, who's theguy that paid Beetle juice. Uh.

(08:22):
Anyway, he was in it.And he rented a place in the Pacific
Heights area of San Francisco, anduh he was mentally I mean way off,
mentally ill. He put the depositand everything down in cash. Uh
and it was healthy and he stoppedpaying, and he got into it with
the owners and finally they went tocourt. They I mean he's he was

(08:43):
turned out to be a trust baby. He couldn't be touched. And they
came in and the house was destroyed. I mean, toilets had been destroyed,
walls, electrical had been ripped out. It was like they gutted the
house. He gutted the house,and a damn thing that any could do
about it because of that exact setof circumstances. Family owns it trust mentally

(09:05):
ill has though control bills are paidfor by someone else, a CPA firm.
It's pretty crazy stuff. This ishandle on the law. And welcome
back to handle on the handle onthe law, where I tell you you

(09:26):
have absolutely no case. Bill,Hello, Bill, Welcome. What can
I do for you? Hey,good morning, Bill. I'm wondering if
I have a case. I spenttwenty seven years at a company and quit
my job, and when I wentto roll over my four one K,
the four one K company said thatI was not vested and I wouldn't get

(09:50):
all of my money. I wasconfused and told them I'd been there twenty
seven years, and they said thevesting period is only six years. So
I called the four oh one kadministrator and they said there must be an
error and they need to correct it. And I was confused and didn't take
action. So in the one dayit took them to take care of things,

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I lost a significant amount of money. How much did you lose losing
one day? Well, about aboutseventeen hundred dollars? You were making seventeen
hundred dollars a day on that fourone K plan. Wow, not in
this market. I lost seventeen hundreddollars in a day. If I would

(10:35):
have been able to move the money, I wouldn't have lost that seventeen hundred.
And it's a little tough. That'sa little tough. It's a lot
of kuld. It would have shouldI had I I had I moved it.
What if you decided not to moveit? Oh, I absolutely would
have moved it, because look atin hindsight, I lost seventeen hundred dollars.
I think you're gonna have a hardtime. I'm not saying you didn't

(10:56):
lose seventeen hundred dollars, but whatwere you moving it to another four oh
one K, to a brokerage account. Yes, and you know that that
brokerage account would have sold off orkept the money going. They would have
said, oh my god, themarket is going south. We have to
move that money into something else immediately. You see what you're saying. When

(11:18):
you move a four oh one Kplan, you move it and then they
have to start playing with it.I left the company in July. No,
I'm not arguing that you're talking onone day. One day. So
let's say I move my four ohone K plan and I go from one
firm to another, one major investmentfirm to another. So there they are.

(11:39):
I've got this many stocks, Igot this mutual fund, and you're
telling me the second I move it, the second that it transfers, they
immediately start selling and buying stocks duringthat one day. That would have saved
you seventeen hundred dollars. I'm notlooking at the games I would have had.
I'm looking at the loss I,okay, let me once again say

(12:01):
that they would have that day boughtand sold stocks that would have saved you
that seventeen hundred dollars that you lost. No, what okay, we've gotten
was the amount of money into mybroker's account. I understand. And what
would you have done and what wouldyou have done with that brokerage account?

(12:22):
I would have invested it eventually,you in one day, you would have
invested it. And in what stockswould you have invested in in that one
day that you know you wouldn't havelost seventeen hundred dollars. No, Bill,
I'm I'm going to get the checktoday. This occurred over I understand.
But you're losing one day, iswhat you're saying. And you lost
seventeen hundred dollars during that day.And your argument is is that they delayed

(12:46):
a day and during that day thestock market was such that I lost seventeen
hundred dollars. And here and you'resuing that, Yeah, what am I
missing? Considering it? Oh?Now? What am I missing here?
Well? Bill, what they didn'tshow me as vested? Oh? I
understand that you got it straightened out. That was straightened out one day okay.

(13:09):
Done. They screwed up for aday, then they saw their mistake.
Then you're getting the money. Andyou told me that you lost one
day, and during that one day, seventeen hundred dollars went south. And
now you're saying your honor when theysay, what are you talking about?
Your honor? I would have takenthose stocks and that day I would have

(13:30):
invested, or my brokerage company wouldhave invested, and I wouldn't have lost
that seventeen hundred dollars because they wouldhave sold off all the bad stock and
put me into good stock that day. Am I missing something? The assets
would have been frozen on the dayI called okay, because they weren't frozen.
Because I was confused, I wasn'tgoing to get my money. I
took no action. When they finallycorrected it a day later, I lost

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seventeen hundred ers. So what wouldyou have By the way, let's say
the money hadn't been transfer or andyou lost seventeen hundred dollars, what wait
you would have? You would havethat day changed and bought new stocks because
you knew said you knew this onMark was going to go down. Because
I'm okay, I'm I'm a check. I just got the checked. I

(14:15):
understand, uh you know what yougot me on this one, because none
of that makes any sense to me. It really doesn't. None of it
makes any sense. Yeah, theyscrewed up, and it costs you,
you know, a day. Andthe problem is when you invest in stocks
summer winter, summer losers, andyou're arguing, well, you lost that
day and you should have known norI would have known, and I wouldn't

(14:37):
have lost seventeen hundred dollars, andit's your fault. I don't know where
I'm maybe I'm missing something because Icertainly don't understand this. All right,
Jamie, uh, real quickly,because this is uh all right, go
ahead, all right. So Imanufacture cost the cabinets and furniture. I

(14:58):
had a neighbor. I did hiskitchen, his guest house, kitchen,
closets outside, would work, allhigh end custom work. He has need
to do his, Okay, Sobottom line is I have I don't want
to go through everything you've done.What's the extract? Okay? So he

(15:22):
said I didn't put enough led lightsin and he's not paying me the eighteen
thousand dollars back because you didn't putenough LED lights in. Yeah, okay.
How much is it going to costto put in led lights? Yeah?
How much? Two tho thousand?Founded? All right? Man,
So all right, so assuming thatyou should have, assuming that you put

(15:46):
in you should have put in twothousand dollars worth of lights. Let's give
him the benefit of the doubt.He is saying he's not paying you the
entire amount, right, yes,okay, Well, number one, you
negotiate. Number two, you sayI'm going to file a lawsuit against you,
and you try to defend it.And by the way, if I
assume you have a contractor's contract,right yep, okay, then you read

(16:11):
read on their attorney's fees clause andyou tell him, hey, I'm going
to assue you. I'm going tocollect because you just can't get twenty thousand
dollars worth the free cabita tree,and you're going to pay the attorney's fees.
That's it. That's that simple,you know, not complicated. Well,
there's a shocker of a question.See that's when I tell you sometimes

(16:33):
the law is sloppy, and sometimesthe law is right on. This one's
right on. It's easy. Hey, here's my contract. You owe me
twenty grand. Okay, I'm notpaying you because you screwed me out of
two thousand dollars. Okay, youowe me eighteen grand, and let's talk
about it. Nope, not payingyou at all. All right, Well,
what do you think I want totalk about pain for a moment.

(16:55):
Living in chronic pain. Well,it's painful. It's a pain, and
not just for those that live inand with chronic pain, but also for
their loved ones. Now I happento be a complete wiss. I actually
go to urging care when I havea paper cut. I mean, it's
ridiculous. That's pain for me,But for others, pain is chronic and
it can be debilitating. And ifyou happen to live in chronic pain or

(17:15):
know someone who does, especially ifit's a loved one, I suggest you
listen to The Pain Game podcast.It's a show about living in and with
chronic pain and trauma. It's funny, it's sad, it teaches, it
inspires sometimes half depraved, and it'snot about whining. It's about shifting your
mindset when life and you hurt.Lindsey Soprano, the show's host, shares

(17:38):
her stories of living in and withchronic pain and trauma. And she has
lots of it, and I meantwenty four to seven. Her guests have
either lived with or dealt with thispain and trauma. They range from experts
in the field to lawyers to stayat home moms. The show is raw,
it's real. Every episode ends witha message of hope, and you'll
understand that the show is really aboutgiving pain purpose. And I know and

(18:00):
see, I know how valuable thisis for people who listen to it.
Pain Game Podcast listen to the iHeartRadioapp or wherever you listen to podcasts,
that's the Pain Game Podcast. Thisis Handle on the Law. You're listening
to Bill Handle on demand from KFIAM six forty. This is Handle on

(18:22):
the Law marginal legal advice where Itell you you have no case. William,
that's an easy name. Remember HelloWilliam. Hello will Yes, sir,
longtime listener, first time call itexcellent. I have a question.
I need some direction. I openedto three pounds and during twenty nineteen and

(18:49):
twenty twenty first on Mature in twentytwenty three. Second one supposed to be
in June, the third one inSeptember now, the first one I missed
the date and they rolled it overautomatically for another three years, so nothing

(19:10):
you can do about it. Butthe two other ones matured on June twenty
three and September twenty three. Itried to collect my investment and for the
last two months I have been gettingthe run around. Okay, okay,

(19:30):
So they rolled it over. Andwhen you say you try to basically not
reinvest or not have it roll over, because when you buy a CD,
I think typically that's what we're talkingabout. You buy it for a period
of time. You can buy sixmonths, you can buy a year,
two years, and you did threeyears, and I'm assuming now if it
rolls over, you get a prettyhealthy return. The ones that have rolled

(19:52):
over recently. So the two thatyou say you tried to affect what you
tried to stop the rollover? Yousaid, Okay, I want my money.
How did you do that? Didyou email them? Did you call
them? I emailed them, Igot on the internet with the company.

(20:12):
Okay. And when all right,okay, you did everything right, and
they will not give you your moneyback? Correct, What do they say,
Well, I didn't have any ofthese funds. I talked to the
control. Wait a minute, youdidn't have any refunds. They just hold
on. They didn't give you yourmoney back. So you invet, how
much money did you invest in theCD Well, I have the three investments

(20:40):
that the two last ons that maturetotal around three Okay, all right.
So with that, you said,I at the end of the maturity period,
I want my money, and theydidn't give you the money, and
they're just keeping your money. That'sright? And wow, wow, they're
just saying we're just keeping your money. What kind of financial institution is this?

(21:06):
Well that there's a they have anice website. Okay, all right,
hang on, is this a isthis a well known major institution?
Is this a bank? No,it's not a bank that h It's called
the Pure Income Group and uh okay, And I don't know anything about that,
but I mean there is an issuehere if they're if they're keeping your

(21:30):
money and giving you the run around, because you're talking about a financial institution
that's registered, uh, that havegovernment has governmental oversight. And I don't
know what this is. Uh,yes, but I mean there's plenty of
protection there if it is a companythat's offshore. Uh. And it is
they're not. Okay, so it'suh, let's assume it's a legitimate company.

(21:53):
Man, you got me. They'rein violation of every single law and
contract that I can think of.Uh. And you and what do they
say to you when you say Iwant my money it's I don't want to
roll over us? What do theysay? I've talked to the control of
several times and emailed her back andtalk and this and that, and she

(22:15):
said she was going to talk tothe to the guys in charge, and
they were going to get back withme. But I never heard anything talk.
Okay, you've got you know,you've got a big Yeah, you've
got a big problem here. Igo to the authorities instantly. If this
is I don't know who controls oryou have to do some research as to
what, uh, what financial authorityoversees uh these people. That's for one.

(22:41):
If it's not a bank, it'snot gonna be the fd I C.
If it's not a public company,Uh, then you're not talking about
the SEC. You may want togo straight to the DOJ Department of Justice
and see if you've been defrauded.That's all I can think. Yeah,
yeah, because this is done,this is done obviously over the internet,

(23:03):
is done over state lines. Uh, you got a big issue on your
hands. If it turns out.I don't know, because it doesn't.
It doesn't make a lot of senseto me. It doesn't. I just
want to because of course you do. It's your money, William. It's
your money. Of course you do. And if you if you invest three
hundred thous into, for example,a CD and it matures at the end

(23:26):
of the year, like okay,I get my money back plus interest.
No, you don't. We're keepingyour money. I think there's a little
bit of a problem, to saythe least, just to questionify who oversees
that that's what the problem is orthat I think is the challenge. Uh,
Stacey, Hi, Stacey, welcomebill. As a condition of some

(23:48):
employment for school district, I wasrequired to get a TB test and live
scam and a what scan? Alive scan? A live scan is that
like a whole body scan, youknow, but it's like a background check.
Oh oh oh, a background check? Okay, I'm sorry, live
scan to me? Okay, soyou so you had to get a background

(24:11):
check. They made you get abackground check, correct, okay, and
made me pay for it as well. Why would they have you pay for
a background check so you can beyou can be hired, you can be
employed. Exactly. I've never heard. I've never heard of that. I
mean i've I I certainly did backgroundchecks when I had my surrogacy agency,

(24:33):
but I paid for him. Andwhen I hire someone, I do a
background check, I pay for it. So did you do it? Did
you pay for it? I didthinking that maybe it Sorry didn't wasn't really
aware of the rules that I savedthe receipts and she's still denied. Okay,
how much did you pay? Sototal for the test and the scam

(24:56):
was one hundred and fifty bucks.Uh huh, Okay, you're talking about
how much was the TV test?They charged thirty eight to do it and
then thirty nine for the results,which is weird, but that is you
know, I where did you gothat you had to do the I've never
heard of this. They did?They refer you to the people to do

(25:17):
this. Actually they suggested CBS Pharmacywas where I got the TV test.
And then there's actual locations like apostal say that do the life game?
Interesting? All right? And sodo you have the job I quit the
job. I quit the job,and how much? How much money are

(25:38):
in the hole? One hundred andfifty dollars at minimum wage? I really
didn't make anything? Wow? Minimumwage? Yeah, Stacey, why didn't
you say no? You know it'snot going for a minimum wage job?
And they say you got to payone hundred and fifty dollars for testing in
background check? Because I'm going tosay absolutely not exactly. Yeah, okay,

(26:00):
so all right, so you gotscrewed and you're an idiot on both
counts. Okay, you're you're tenon both, very very strong, good
having. This may be the idiotof the show. Congratulations, I like
that. Okay, this is idiotazure? All right? Would I sue
them? Yes? I would insmall claims court. They're going to say,

(26:22):
but you agreed to it, Stacey, and you're what are you gonna
say? What are you gonna say? I'm going to say. What I
said to you is that I thoughtmaybe Ahsar wasn't fully aware of all right,
well, so I would save thereceipts and get my Yeah, first
you make a claim. Okay,good for your at least kept your receipts.

(26:44):
I suppose just saying you did itall right, you're gonna sue I
guess the Board of education. Youhave to make a claim within six months.
It's a public entity, and you'resee if you can get in a
small claims court. There may bea claims period. I don't know how
it works, because usually when you'redealing against municipality or utilities or public entities,
you have to within six months,you have to make a claim saying

(27:07):
I want my money back, andthen you may have to go through an
appeal. They're gonna say no.They always say no, and then you're
gonna have to go through some kindof an appeals process. They'll lay it
all out for you, and that'swhat you're gonna have to do, and
you're probably gonna end up taking itto court and you're gonna end up a
small claims court for one hundred andfifty bucks and it's gonna cost you.
It's gonna cost you probably close toone hundred, one hundred and fifty dollars.

(27:30):
If you win, you get thatback. If you don't, you
lose that. But that's what you'relooking at, Okay, whether you want
to do it or not. Tellingme, I'm screwed. No, not
necessarily. But what I'm telling youis it's depending on how their appeals process
goes, and depending how long it'sgonna take. It's a hassle. And
then the gamble is do you getyour money back in front of a small

(27:52):
claims court judge? And who's gonnasay you agreed to it? That's the
problem. This is handle on thelaw. Then we go war handle on
the law. Marginal legal advice whereI tell you you have absolutely no case.

(28:14):
Richard, Hi, Richard, goodmorning, Bill. Yes, sir,
uh so, I this is basicallyalmost a complaint. I've been a
victim recently of Americans with Disability Actlawsuits for eighty eight parking lot spaces on
my my stores and during repairs.Obviously there was some you know, non

(28:41):
compliance you know to parking lot spaces, moving signs and stuff. Anyway,
I received the lawsuit to lawsuits andand you know, saying you didn't comply
with the handicap law. You know, we'll settle for four thousand dollars.
And I talked to the guy,says, what is it, you know,
and he says, oh, it'sa statue. You know, you
got to pay me four thousands.There's no statue. You're tell me what
there is a statute. There isa statute. There's no minimum fee.

(29:06):
Yeah, well it's with the judge. From what I understand, Uh that
I think there is. But that'sbesides the point. There is a statue,
So I do file them technical violations. I'm sorry, you know,
I just I just settled with andgot the cases dismissed with prejudice. But
what I'm asking here is, isn'tthere some the Bar Association, the RICO
Act, no, no, anythingthat can stop these guys. They take

(29:30):
advantage of the only thing you canstop those guys is to say, we'll
see you in court, but youhave to pay them to fight you,
so you can't take them to court. Yeah, well no, they take
you to court. You say no, thank you, and they take you
to court and they get attorney's feesand there you are. You in violation,
Yes you are, and you're righttechnical violation. But it's you are

(29:55):
in violation that's the problem. Okay, we win or lose. Let's say
you're not in violation, you stillhave to pay their fees and you don't
get any you know, victor's fees. In court. So you lose no
matter, Yeah, no, youdo lose. I know you don't get
attorney's fees when you win. Ididn't know that you have to pay them
just for filing. That. Ididn't know, but I'll take your word

(30:19):
for it. You have to paythem even to file, but then they
have to hold you. I don'tunderstand how if you win and the judge
says there's no violation, how youend up still having to pay the attorneys,
because that would mean four thousand attorneyswould be filing a lawsuit against you
tomorrow and you have to pay fourthousand attorneys just for filing. I think

(30:42):
the premise here is you violated.You were in technical violation, were you
not? No? No, evenif you're even if you're non in violation,
you have to pay their attorney fees. Win or lose. So hang
on a minute. So if Iif I drive past your store and you

(31:03):
were not in violation of anything,and I file a lawsuit that you were
in violation of the ADA when it'snot true, I get attorney's fees.
Yes, wow, So that's why. So why haven't you been sued twenty
third? Why haven't you been suedtwenty five thousand times. Why hasn't everybody
that has a handicap spans been usedbeen sued hundreds of thousands of times?

(31:29):
Okay, people have been sued.Man, Oh no, I know they've
been sued many times. No,no, no, I'm Richard. I'm
not disagreeing with that these are flakelawsuits. But there's a technical violation,
and I've talked about them before.For example, a ramp has to be
at, it has to go at. The inclient has to be x percent,
and if you're off half a percent, you get sued. But you're

(31:49):
in technical violation. You were offhalf a percent, or the mirror in
the bathroom was off a quarter ofan inch, but you're once is they
can sue you. But I think, okay, Richard, Richard, let
me let's go through the logic ofthis. Okay, you are not in
violation. Let's say you own arestaurant and the ADA says the mirror has

(32:14):
to be at thirty three inches.Let's say, and you're at thirty three
and a half inches. Okay,So or you're at thirty three inches,
you're not in violation. You're sayingthat anybody, any lawyer can file lawsuits
against you for not being in violation. All they have to do is argue
you are in violation. You haveto pay their attorney's fees. If my

(32:37):
understanding of the one Richard Richard,I am surprised that you are not out
of business, or any company isnot out of business, because if I
can just sue you under the ADAand you are not in violation and I
get attorney's fees, every business wouldbe sued hundreds of thousands of times a

(32:57):
day, and there would not bea company a lot in this world.
There wouldn't be a company. Youknow everything I can. The only thing
I can figure is either there's enoughpeople in violation to keep these guys busy.
That's exactly what just exactly sanction themfor frivolous lawsuits. It's not a
frivolous lawsuit, unfortunately, because thereis a violation, the Abbat violation,
they can still do it and thenwould be a frivolous lawsuit. So they

(33:20):
don't file frivolous lawsuit. That iscorrect. They only file against people who
are who are in violation. Sosomeone passes you and you don't have a
handicapped sign up and you don't havehandicapped parking, uh for two days because
you're repaving now. But the bottomline is when you lose, you pay
their attorney fees. I'm just ifthe courts you, it's a method to

(33:46):
stop a minute. If the courtsays you are not in violation, how
do you lose? That means everybodyis going to sue you that you're in
that you're not in violation. Yousee, that doesn't make any sense.
So of course it doesn't make anysense. Okay, by the way,
that thanks Richard. But that's animpossibility because if I can sue let's say

(34:08):
Amazon for any violation of the ADA, and they prove they didn't violate,
I still get attorney's fees. Thatwould be every law firm in the country
filing against every single company that exists. That makes no sense. Now to
his point, these are frivolous lawsuits, the technical violations of the ADA.

(34:29):
There are law firms who do nothingbut file those. There are plaintiffs who
do nothing but walk around guys inwheelchairs that go up ramps and they measure
the inclines, go into restrooms andrestaurants and measure how far the mirror is
off the floor measure, how highthe counter space go into handicap stalls,

(34:52):
and measure are they a quarter inchtoo small? Violation? And that,
by the way, is what's thegoing amount? Is four grand? Yeah?
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(35:35):
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(35:57):
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law. You've been listening to theBill Handle show. Catch my show Monday

(36:22):
through Friday, six am to nineam, and anytime on demand on the iHeartRadio app