Episode Transcript
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Speaker 1 (00:00):
You're listening to KFI AM six forty the Bill Handles
show on demand on the iHeartRadio f This is Handle
on the Law marginal legal advice where I tell you
have absolutely no case. If you're injured need a lawyer,
go to handle on the law dot com. And if
you're a lawyer and want to help our listeners, please
go to handle on the Law dot Com. Click on
(00:23):
the join today tab at the top of the page.
The followings up recorded program the ongoing case against Rudy Giuliani. Juliani,
who was America's mayor. He was a mayor of New
York during the nine to eleven attack and became worldwide.
He became known worldwide about how as to how he
(00:44):
handled the attacks and how New York handled it, because
of course it was a local New York story as
well as an international international story. And prior to that,
he was probably, if not the most successful one and
most successful Attorneys general in the United States or US
attorney for the Southern District of New York. And he
(01:09):
single handedly brought down the mafia. I mean, this guy
is extraordinary. And then he became part of the Trump
circle and went completely nuts, just thought of his mind,
and so he tried to undo the election accusations like crazy.
And there was one case in which two women in Georgia,
a mother and a daughter, he outright accused of cheating
(01:30):
and flipping votes to Joe Biden that were votes for
Donald Trump and election fraud.
Speaker 2 (01:39):
And he kept on repeating that. Well, they sued him.
Speaker 1 (01:41):
He sued him for defamation because he couldn't come up
with any proof. It was a straight out allegation. So
they got a judgment of one hundred and forty million
dollars for defamation, and he kept up on appealing it
and the court said, no, no, no.
Speaker 2 (01:55):
You never came up with allegations.
Speaker 1 (01:57):
There was one case I don't know if it was
this one where where he was involved, and the judge said,
mister Giuliani, you have simply made allegations.
Speaker 2 (02:06):
Do you have any proof It's in my hotel room. Okay.
Speaker 1 (02:11):
The judge then recessed and came back, and everybody came back,
and he goes, okay, mister Giuliani, let's come up with
a proof. I can't find him, but I know it's there. Boom,
all right, judgment for the defendant or judgment for the
plaintiff against Giuliani.
Speaker 2 (02:27):
So in any case, so he's.
Speaker 1 (02:29):
Been nailed, he's out of appeals, and now a judge
ordered him that he must turn over his condo in
New York. He must turn over all of the memorabilia
that he has. And he has some big, heavy duty
member abilia, for example, a jersey signed by Joe DiMaggio.
Speaker 2 (02:51):
He's got expensive furniture.
Speaker 1 (02:53):
He's got a ton of sports memborabilia, including two rings
super Bowl rings, and it.
Speaker 2 (03:00):
Just goes on and on.
Speaker 1 (03:02):
Giuliani has a week to turn that stuff over, and
if he doesn't, you know, it's going to happen contempt
of court, and he may end up looking through jail bars.
And here's the scary part, because I know people that
know people who actually know Giuliani, and so I have
it on. I have the news of people who know
(03:22):
him through inside Baseball, and that is when I ask.
Speaker 2 (03:26):
Is he that crazier? He is crazier than that.
Speaker 1 (03:31):
In fact, through all of this, he's still a true believer.
He thinks all of it was worthwhile. If he ends
up in a dumpster because they took away his law license,
he's been disbarred, and on top of that, he lost
his radio show and his advertisers, and now he is
living on the large ESTs of people who are real
(03:53):
Maga believers who look at him as a hero. And
it's basically it's all gone. It was worth every bit
of it.
Speaker 3 (04:04):
There, Yes, I'm here, Yeah, I'm here, go ahead of
Hi there, sorry about it. Okay, So I'll make a
quick My dad had a Hendrich stroke on April first.
He was an offer for thirty seven days. Now you
got transferred to a facility. My point is I need
to figure out how to get a conservative ship.
Speaker 4 (04:23):
I live with him, all.
Speaker 1 (04:24):
Right, stop right there, okay, hold on, all right, how
do you get a conservatorship?
Speaker 2 (04:29):
Boom? Question over trust and a state lawyer. That's where
you do.
Speaker 1 (04:35):
Actually, any civil lawyer, that's an easy one, uh medvip.
You're gonna get a conservatorship in about two seconds. Your
dad lives with you, he's had a stroke. Oh yeah,
just you just.
Speaker 2 (04:45):
Have to know he wants Yeah, it's fine, it's real easy,
call it, you know. Contact.
Speaker 1 (04:50):
My guess is a trust and a state lawyer. I
think they're the easiest because they've done him before. But
any family law attorney can help you out on that.
Speaker 2 (04:59):
So that's easy. Just yeah, I just get you a lawyer.
That's a simple one. I wish they were all that simple. Connie, Hi, Connie, welcome.
Speaker 5 (05:08):
I need to know. I'm six years old?
Speaker 2 (05:11):
How old? How old?
Speaker 5 (05:12):
From seventy six? Seventy six years old?
Speaker 2 (05:15):
Okay?
Speaker 5 (05:16):
Blind completely blind? Moved from a boarding care into an
assistant living for Oh.
Speaker 2 (05:24):
Good for you. So you went from usually it's the
other way.
Speaker 1 (05:27):
So you went from a much more restrictive facility to
a less restrictive facility.
Speaker 5 (05:33):
Good for you, No, because it turned out to be
more restrictive. From the boarding care, wow, okay, not only
every I sent them to the laundry. They'd never come back.
I people's the laundry.
Speaker 2 (05:47):
So you're like out of underwhelm. Yeah, okay.
Speaker 5 (05:51):
From the big room that I paid for, they put
me into a little room. Used to be a place, right, Okay.
So anyway, because I didn't adhere to their policies, meaning
that I wasn't working into the community, I had paid
a two thousand dollars community fee that was non refundable
(06:16):
because they were supposedly acceptable to my conditions. They didn't
have any other blind people in there, and the last
blind person that was in there. She had to make
out a little placard that said, please tell me what's
on my plate? I'm blind? Oh no, and she's gonna
put that in front of me. No, she was supposed
to be prepared for my situation. I was the only
(06:36):
blind person there.
Speaker 2 (06:38):
And me, okay, are you are you.
Speaker 1 (06:40):
Arguing that they mistreated you because you're black?
Speaker 2 (06:43):
Connie?
Speaker 5 (06:45):
Now I'm miss I was mistreated because I'm old, I'm blind?
Speaker 1 (06:51):
Okay, all right, so you were because you've made you
made reference you being black about four times now, and
I just want to know. And by the way, that's uh,
it's a legitimate question. I mean, is your argument going
to be or is the argument? Do you believe they
treated you the way you they did is.
Speaker 2 (07:07):
Because you're black? Do you think that's the case? No? Okay, good,
So it's incidental. It doesn't matter what color you are.
Speaker 1 (07:13):
Fair enough, So they basically mistreated you because you're old
and blind and you didn't fit in and you didn't
fit into the community. That's their argument, correct, that's correct, right, Okay,
So what's your question, Connie?
Speaker 2 (07:26):
And they stole what.
Speaker 5 (07:29):
Clothes?
Speaker 2 (07:30):
They stole your clothes? Now we're back to the underwear. Okay,
so they stole your clothes. What's your questions? What's your question?
What's your question?
Speaker 5 (07:37):
I want to know what do I take? I want
to go to small claims because it's actually two thousand dollars.
Speaker 2 (07:42):
Okay, well you do that? No, no, okay, that's legit.
Speaker 1 (07:45):
Are you in another place, Connie, are you in another facility?
Speaker 4 (07:49):
Okay?
Speaker 6 (07:50):
Got it?
Speaker 1 (07:50):
So they took they took your deposit. Here's their argument
is that we take we take your deposit. It's non refundable,
and it was your fault that you didn't get along
with people and you violated our policy. Your argument is
you know who I was, and you accepted me. Anyway,
I want my two thousand dollars back, and I want
(08:12):
X dollars for my underwear. How much money worth of underwear?
If you had to replace all your underwear, which you
probably did.
Speaker 2 (08:18):
Are we talking about worried about the cube?
Speaker 5 (08:21):
See?
Speaker 1 (08:21):
I thought that was a great story. Okay, So you're
only interested in the two thousand dollars.
Speaker 2 (08:25):
Okay?
Speaker 1 (08:26):
With that, Yeah, you try a small claim scort, you
go against them. Now they're going to argue refundable, non refundable.
But hell, you're blind, you don't know what the hell
you signed, you know all? You know, so yeah, I
think I try. I would try. Here's the good news
is you're gonna be suing a facility and they're going
(08:47):
to bring in some executive facility. And there you are.
You're blind, you're old, and you're African American. Which, by
the way, even if you're not arguing that there's racial discrimination,
there are tinges of it, especially if you're the only
African American there.
Speaker 2 (09:05):
So I wouldn't even argue that.
Speaker 1 (09:06):
I wouldn't even get No, I would say, you're the
only African American there and let the judge deal with it.
Speaker 2 (09:11):
Yeah, I'd go for it.
Speaker 5 (09:12):
I didn't oh on that because it's more than that.
It was the indignities that they put me under when
I was there.
Speaker 1 (09:22):
Yeah, you're not gonna get any now, you know what.
You're not gonna get anything for that, Connie. Nobody cares
about that. What you're going to get is you're two
thousand dollars back. And yeah, you're going to because because
the rest of it. If you go to a small
claims court and you talk about how they took away
your dignity and by the way. I'm not saying they
didn't and how they mistreated you. The small claims judge
(09:42):
is not going to make a determination as to.
Speaker 2 (09:43):
How much money that's worth. They just don't do that.
Speaker 1 (09:48):
But what they will do is make a determination about
that two thousand dollars that they will so go to
small claims court for the two grand I'd still go
for the underwear.
Speaker 2 (09:58):
Personally, this is handle on the law and welcome back.
Speaker 1 (10:02):
We can give you handle on the law, marginal legal advice.
Speaker 2 (10:09):
Let me see, do I have David here? Hold on?
What did I do? David? There you are, David.
Speaker 7 (10:15):
Welcome the show, Thank you, thank you, good morning. My
question is I'm going to be undergoing surgery here in
a couple of weeks. I went on to Stay Disability
and opened up a claim. I'm allotted to about fourteen
a week. My question to you is, legally I am
receiving a pension from previous occupation. Are they legally able
(10:36):
to deduct my pension money from what my monthy disability
contribu should or payment should be.
Speaker 1 (10:43):
You know, that's a very good question, and I don't
know the answer to that. But if you stay tuned
next week, I'll call in and ask myself that question
and we'll see if we can.
Speaker 2 (10:56):
Get a better answer. Ah, Lisa, Hi, Lisa, welcome.
Speaker 8 (11:02):
Yes, the people that I went from want to sell
the house. They did already and I've been here twenty
seven years and I was wondering if how long they
would have to give me to move out, and would
they have to help me locate.
Speaker 2 (11:19):
Yeah, First of all, it depends on where you live.
Speaker 1 (11:23):
Certain cities have certain rules that are even stronger than California.
Speaker 2 (11:30):
And so let's start with where you live, all right.
Speaker 8 (11:33):
Lisa, Sun Valley, California.
Speaker 1 (11:35):
Okay, so you're within the city of Los Angeles by
the fact that the reason I know Sun Valley is
in the San Ferano Valley is I went to school
at Sun Valley Junior High School.
Speaker 2 (11:46):
All right, So the city of Los.
Speaker 1 (11:48):
Angeles is a little stricter in favor of the tenant.
California says that you are going to get depending on
how you live, how long you've lived there. And I
think you can get twenty five hundred dollars for relocation.
Speaker 2 (12:07):
I think that.
Speaker 1 (12:07):
I think that's what California does. It may be stricter
in city of LA and they have to give you
sixty days. Okay, that's it, sixty days.
Speaker 8 (12:17):
I love you.
Speaker 1 (12:18):
Oh me too, that's what I want to hear. Usually
it's Bill, You're a complete ass. You should see the
emails that I get. It used to be where I
would get letters. I mean we're talking, you know, years
and years ago, or and or emails, and then I
would print those out. And I had in my office
when I had an office here at the radio station,
(12:40):
I had a wall of hate filling up an entire wall.
Now I only have a cubicle because that's all anybody has.
Welcome to the new world of work. And this was
a terrific wall of hate, and it was, oh, you
should die things, crazy stuff. Hitler was right, you have
(13:01):
no business being on the radio.
Speaker 2 (13:03):
It was very entertaining.
Speaker 1 (13:05):
And unfortunately I don't get those kinds of emails anymore.
I don't know why. Maybe people are just used to
me and they've God, I don't know. It's really depressing.
So I welcome those letters because you know, as lovely
as this lady was, come on, isn't that boring?
Speaker 2 (13:22):
I mean, who the hell wants to hear that? For sure? Chad, Hello, Chad, welcome, good.
Speaker 4 (13:29):
Morning, Bill, I do for you.
Speaker 9 (13:33):
So this is about my mother in law. She rented
a small apartment attached to the owner's house and in
the contract.
Speaker 2 (13:41):
First she was asked to evict.
Speaker 9 (13:43):
Or you know, move, and that was fine. But in
the clause in the contract there's a clause for a
no fault eviction, which is what it was. And I
sent him the request for the clause that you get
one month free rent or one hey.
Speaker 2 (14:00):
Yeah, you know, that's kind of interesting.
Speaker 1 (14:02):
So it was a it was a lease that says
at the end of the lease, she leaves and it
will be a no fault eviction if she doesn't leave,
Is that correct?
Speaker 2 (14:14):
Or yes? Or she can't go to court a stipulated judgment.
Do I have that right?
Speaker 6 (14:21):
You have that correct?
Speaker 2 (14:22):
Okay?
Speaker 1 (14:23):
Ooh that's interesting because what you're done, what's happened, there
is no at this point, there's no legal situation here.
I don't think they can ask for a stipulated judgment
starting up front. I think I think there has to
be some kind of court action. Basically, it's you know,
(14:44):
why if she leaves, why would there be a judgment
she's leaving under the terms of the contract. So the
only way that there could be a judgment is he
sues her and then based on the contract, she can't answer,
and that means that there is a judgment. That's what
a stipulated judgment is. You agree that you can't go
(15:07):
further ahead. But usually that's an agreement. Usually that's after
a court filing has taken place. So the bottom line
is how to avert all of that. He can't get
a judgment if she's left, there's nothing to sue for.
Speaker 2 (15:22):
Does that make sense?
Speaker 9 (15:25):
I guess so. I guess we're looking at it from
my mother in law's point of view, as he never
gave her that free month's rent or that moving expense.
Speaker 1 (15:32):
Well, he has to under law, and she's in there
for more than a year. What he's doing is asking
her to waive it. How old your mom?
Speaker 2 (15:41):
Seventy five?
Speaker 1 (15:42):
Yeah, you can argue that there's an elder issue going
on because there's laws that say older people are treated
differently than people that are under the age. I don't
even know when it comes in at seventy two or
sixty five or whatever, And so the argument is, I
didn't know what the hell I was signing.
Speaker 2 (15:59):
I'm old I'm correct, and you know you're you can't
do it.
Speaker 1 (16:03):
So that's what I wouldn't worry about the judgment that
she agrees to that she can't answer if there's no
lawsuit there.
Speaker 2 (16:13):
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Speaker 2 (17:16):
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Are not NetSuite dot com slash handle, net suite as
an office suite, NetSuite dot com slash handle.
Speaker 2 (17:27):
This is Handle on the law.
Speaker 10 (17:30):
You're listening to bill Handle on demand from KFI AM
six forty welcome back.
Speaker 1 (17:38):
Handle on a law marginal legal advice where I.
Speaker 2 (17:42):
Tell you you have absolutely no case. Oh here's an
interesting one. Stephanie, Hi, Stephanie.
Speaker 1 (17:50):
Okay, yeah, go ahead, good morning, Yes, ma'am.
Speaker 11 (17:54):
Can the statute of limitations be put aside for a
lawyer who is now disbarred?
Speaker 5 (18:01):
He used his license to steal.
Speaker 11 (18:04):
And in a serial fraud inheritance scheme for over thirty years.
Speaker 2 (18:11):
Were you hit by this?
Speaker 7 (18:15):
Yes?
Speaker 11 (18:15):
In nineteen ninety seven, my mother was a widow, died
befriended this ex lawyer became very close at that time. Yes,
he had drafted the will trust and he made donate
his gifts to himself and his perpetrators.
Speaker 1 (18:38):
Hmmm, okay, and so what so this happens in nineteen
ninety seven and sold? Okay, And you're wondering if the
statute of limitations going after the lawyer Civilly from nineteen
ninety seven still applies.
Speaker 11 (18:56):
Yeah, probably jadget of limitations is protect seeing this criminal?
Speaker 1 (19:02):
H No, I understand, No, no, I understand. And so
there's two issues here is one is criminal. Yeah, one
is criminal and the other one is civil. Okay, both
have a statute of limitations and probably the criminal I'm sorry.
Speaker 11 (19:20):
And who's able to move those statute of limitations?
Speaker 2 (19:23):
It would be the judge. It would be the judge
or statutory law or statute.
Speaker 1 (19:28):
For example, in the case of child abuse, the state
of California legislature opened up the statute of limitations for
a period of time where a fifty year old could
go back forty years and file the lawsuit. But that
was a period of time, and that took state law
to do that.
Speaker 2 (19:46):
No judge, I think could have done that.
Speaker 1 (19:48):
So if I had to guess, I think the statute
is long gone on both.
Speaker 2 (19:53):
When did you discover this happened?
Speaker 5 (19:58):
In went around two thousand and five. I was contacted.
Speaker 2 (20:05):
Yeah, okay, so now you're going back.
Speaker 1 (20:08):
Okay, so you're going back almost twenty years when you
knew this was happening. Yeah, you've the statute is long gone, Yeah,
there's not much you can.
Speaker 2 (20:16):
Do about that. And uh, you know what can I say?
Speaker 1 (20:20):
You know larwriors practicing law who don't have licenses.
Speaker 2 (20:23):
I would assume based.
Speaker 1 (20:24):
On that that the lawyer was not only disbarred, but
criminal charges were made against him.
Speaker 2 (20:31):
I can't imagine that wouldn't have happened.
Speaker 4 (20:34):
Gus, Hi, Gus, good morning. Yes, I have just a
quick question. There was my son is renting a condo.
There was a fire, accidental fire at the condo. He
filed a claim with his insurance company. The insurance company
has since paid directly the money directly to the HOA
(20:56):
for the amount of the claim they enter into. The
h o enter into contract with the contract to the
third party. They have finished the repairs and the for
the damages, but the h o A has only paid
them one third of the money, claiming that they don't
have the rest of the money.
Speaker 2 (21:14):
Even though they received all of the money.
Speaker 4 (21:16):
Yes, okay, they have received the money and aren't true
because you know they checks this version. Yeah. My question
My question is uh, and of course the contractors now
turned over the accounting into collections because they refuse to pay.
My question is can the contract of the h o
A now uh, based on and you know, whatever long
(21:38):
it takes, go after the owner of the candle and
my son as the renter or you.
Speaker 1 (21:44):
Know no because no, no, because the the owner uh
does he is the owner is not responsible for the repair.
It's the h o A that is responsible for the
pair repair. And the h o A got paid for
the pair. So if the and I'm assuming if the
HOA filed the claim and the insurance company pay the
(22:07):
h o ah, it was a common area issue. It
wasn't a personal issue within the condo where the renter
was not nailed for any negligence.
Speaker 2 (22:17):
Correct, Yes, that is correct.
Speaker 1 (22:19):
Okay, Yeah, here's here's what's going on. First of all,
the h o A is not doing what's supposed to
be doing. And I think there's personal liability on behalf
of whoever made that decision to keep the money. Okay,
and that's the board and that is a big problem.
That's violation of state law right there. And so you
(22:40):
have to let the all the other members of the
HOA should write a letter saying here here's what happened.
Speaker 2 (22:46):
Guys.
Speaker 1 (22:46):
I'm assuming they all know and you the renter, I
think has a lawsuit against the HOA because you are
a beneficiary basically of the repair that has to be done.
So it's you're a party beneficiary. I don't know if
that's a legal term, but yeah, yeah, I think you
got an HOA that's screwing all of you, is what
(23:07):
you have.
Speaker 4 (23:08):
Yeah, exactly. Now another question is why would you think
the h A would be claiming now that they don't
have the money when the money because.
Speaker 2 (23:16):
They took the money and spend it something. Yeah, it's easy.
They took the money and spend it someplace else. Yeah,
that's what they do.
Speaker 1 (23:23):
Unless someone has stolen that money, which has happened. Because
the h o A, the members of the board control
all the finances. Now, there are certain rules that apply
to them, and they can There's there's a duty of
fiduciary duty they have to the h o A. The
board members have a duty to the rest of you.
(23:46):
Members of the h o A UH to appropriately disperse funds,
can collect, can put in special assessments, They can do
virtually virtually anything. But I'll tell you what they can't do, right.
They can't steal the money that goes in. They can't
take insurance proceeds to repair part of the buildings and
(24:09):
say we don't have the money because when someplace else
that they can't do. So you want to look at
maybe the rest. How many members are in the HOA?
Speaker 2 (24:19):
How many units?
Speaker 4 (24:21):
I don't know they are. I don't they own several
the condo in particular where my son rings is that.
I think they have like forty units.
Speaker 1 (24:31):
Okay, you have to just okay, the owner is not
the ho A. Well wait a second, the owner there
is no ho A. If there's a single owner, all
the units have to be owned separately.
Speaker 4 (24:43):
Yeah, there there Okay, so there's no owner.
Speaker 1 (24:46):
Okay, so you have forty units that are owned either
rented out or owned by the individuals and they have
they can go after the board, and they should go
after the board. I mean, I was a member of
an HOA and it was it was about they didn't
(25:06):
steal any money, but man, they didn't pay bills and
we got a special assessment to pay the bills for
a year and we had to kick out the board.
And it was a mess and it costs big, big money,
which is one of the reasons I sold my house
and I moved into a new place.
Speaker 2 (25:23):
That has a well, what run hoa? Which is a joy?
This is handle on the law. This is handle on
the law. Marginal league advice. Nick, you're up. Welcome to
the show, all right, Nick?
Speaker 12 (25:37):
Hey, what's up?
Speaker 5 (25:38):
Bill?
Speaker 9 (25:39):
So?
Speaker 12 (25:39):
I moved into an apartment but in early June. Their
conditioning didn't work when I first got there. They tried
to remedy it like three or four times. Wasn't working
consistently for over three months. They never brought in a
professional or anything like that. And we went through that
big heat with In that time period, I got two
kids and couldn't cook in my house a whole thing.
Speaker 2 (26:02):
Wow.
Speaker 12 (26:02):
They gave me two options. Yeah, they gave me two options.
They said, either move it, move to another unit which
was sub part of mine, or not not equivalent or uh,
they would let me out of my least scott free.
But they were offering moving assistance.
Speaker 2 (26:18):
They were You say they weren't offering moving assistance? Is
that correct? Or they were not correct?
Speaker 7 (26:23):
They were?
Speaker 1 (26:23):
Okay, A couple of questions. Number one, did the dog die?
Don't care about the kids? You know, I don't give
it an they died.
Speaker 2 (26:30):
But did the dog die? Okay, So that's helpful. Yeah,
I mean they're in breach.
Speaker 1 (26:36):
They're in breach of the lease from the moment the
moment it stopped working. It's not a habitability issue. But
in the case of the heat wave that we had,
which was just.
Speaker 2 (26:47):
Brutal, I mean brutal.
Speaker 1 (26:49):
Yeah, so you got a couple of choices here, but
keep in mind that.
Speaker 2 (26:56):
Any one of these.
Speaker 1 (26:57):
Is going to destroy your relationship with your landlord except
moving out. And I think you are entitled to relocation
money based on the fact that they're letting you out.
Then well maybe not legally, but I think in the
case of a lawsuit, a judge would give it to you.
So how big a deal is it to repair the.
Speaker 12 (27:17):
They were telling me they gave me this ouche because like, oh,
it's obviously uninhabitable, so we can't get the part we
need for like four weeks or something like that. So
because they didn't offer me any moving assistance, I was
unable to move.
Speaker 1 (27:29):
Yeah, right, So how much would it cost to fix it?
Speaker 12 (27:35):
It got thick? They finally got the party. Okay, Okay,
So let me ask you this.
Speaker 1 (27:40):
I had that same situation going when for a period
of time, because I was between places, I sold my
house and then remodeling the new one, and so I
had to get an apartment for a small period of time,
and the air conditioning didn't work, and I raised all
kinds of hell. They brought in portable air conditioners, temporary
(28:04):
portable air conditioners.
Speaker 2 (28:05):
They brought in. Otherwise, I said, otherwise, I'm going to
assue you.
Speaker 1 (28:09):
And I happen to be a lawyer, and thank goodness,
they don't listen to the show so they don't know
the quality of lawyer I am. And so you know,
you could have made that demand, but now it is,
you have it.
Speaker 2 (28:21):
It's already been fixed.
Speaker 1 (28:23):
I think the only answer now is if you want
to stay there is file a small claim suit and argue, yeah,
well you know what. I don't know, but I would
go for the full ten thousand dollars that you're allowed
to under the law and see what.
Speaker 2 (28:40):
The judge says.
Speaker 1 (28:41):
And if I'm the judge, I'm going to look at
you and go three months without air conditioning during that
heat wave?
Speaker 2 (28:49):
Are you kidding? Now? Here's the defense. There were no parts,
your honor. We ordered the part. There was nothing we
could do other than spend three.
Speaker 12 (29:00):
Months to figure out what the problem was Okay.
Speaker 1 (29:02):
Then there, okay, so fair enough. That is their responsibility.
I would go ahead and file a small claim suit,
ask for the full amount, argue that it's worth ten
thousand dollars because your kids or your you know, your
dog was suffering panting and hair fell out or whatever,
and the kids were suffering and they were demented or whatever.
(29:25):
I mean, just throw in everything you possibly can see
what happens.
Speaker 2 (29:28):
Now, are you gonna win something? Yeah? I think you are.
Speaker 1 (29:31):
However, now you have a landlord that's really pissed off
at you, so you have to take that into account too.
The joys of renting are delightful. And I'm right there.
It happens. Fernando, Hello, Fernando, Bill, Yes, all right, this
is not good.
Speaker 2 (29:52):
Fernando. You're on a speaker phone and this is not pleasant.
Speaker 6 (29:56):
Okay, let me take you.
Speaker 2 (29:58):
Okay, thank you.
Speaker 12 (30:00):
Can't you hear me?
Speaker 9 (30:01):
Know?
Speaker 2 (30:01):
I can?
Speaker 6 (30:03):
Okay, Bill, I have a question regarding your.
Speaker 2 (30:07):
List pending a list pendance.
Speaker 1 (30:10):
This a list.
Speaker 2 (30:11):
Pendance l I S P E N D E S
list pendence. Okay, all right, so what's the question. What happened?
Speaker 12 (30:18):
Okay?
Speaker 2 (30:19):
Okay?
Speaker 6 (30:19):
I purchased a property a year ago. I purchased Sellers Finance.
I just received the list pending notice, but it does
not name me as the respondent in James the previous owner,
which is who?
Speaker 1 (30:33):
Yeah, the previous owner doesn't doesn't own the property? Correct,
whor's title?
Speaker 6 (30:39):
I'm on the title.
Speaker 2 (30:39):
Yes, okay, you own the property as title. So what
are they doing?
Speaker 1 (30:43):
Why are they putting your property up with any dispute
they have with anybody?
Speaker 6 (30:49):
That's what I'm trying to figure.
Speaker 2 (30:50):
That's a good that's a good question.
Speaker 1 (30:52):
At this point, you file emotion to dismiss the list pendants,
and the judge will give it to you, because there's
no way that a non property owner or someone that's
not in dispute with the property owner and it has
to do with the property itself. For example, let's say
(31:12):
I'm suing you and you own the property, and I'm
suing you for a breach because there was a business
issue going on. I can't cloud up. But I can't
cloud your title. I can't put your house at risk.
I just can't do it. A lot doesn't allow it
until after a judgment. But that's that's a different story.
Speaker 2 (31:28):
What you have is you have to get a leader
on this one. If he's still on the title, he's
not going to.
Speaker 1 (31:38):
Do a list pendance on his own because that ties
up his ability to sell.
Speaker 2 (31:44):
No.
Speaker 6 (31:44):
I mean, he is his spouse from what I know,
is the petitioner.
Speaker 2 (31:49):
And that doesn't it doesn't matter, It doesn't know. It
doesn't work that way. If there is if your cloud er.
Speaker 1 (31:56):
Cloud has been if there's a cloud on your tide,
which means that you don't own the place free and
clear without any people filing claims etc.
Speaker 2 (32:06):
On the property.
Speaker 1 (32:09):
And they have no basis, which is the case, they
have no basis to do that. Then you file emotion
and they're getting hit with attorney's fees. You got to
get a lawyer in this one.
Speaker 2 (32:18):
Yeah, that's just the way it works.
Speaker 1 (32:20):
It can't just arbitrarily say I'm gonna throw a lawsuit
on your property and tie it up so you can
never sell it.
Speaker 2 (32:26):
Now, you heard about bad breath last spot.
Speaker 1 (32:30):
You heard me talking about Zelman's minty mouthmens, And there
is a world to that because you know, people suffer
from bad breath, especially the people that are smelling your breath.
Speaker 2 (32:41):
And so let me suggest Zelman's minty Mouthmens and here's why.
First of all, it's far more than a mint.
Speaker 1 (32:48):
It's clearly a mint because there's mint on the outside
of this little capsule. But when the mint has been finished,
you sucked the mint off the capsule. You then swallow
it or bite into it, and then it goes into
your gut. And people have to understand that bad breath
emanates from your gut a lot of the time, especially
garlic and onions, which I love, and Zelmans has been
(33:10):
tested clinically against garlic and onions.
Speaker 2 (33:13):
And then when that.
Speaker 1 (33:15):
Is done, I mean, you're basically cleaned up and you
feel great. You know how when you brush your teeth
you just feel really good for a while.
Speaker 2 (33:21):
Well, Zelmans does that to you.
Speaker 1 (33:24):
Zelman's Minty Mouth, MIT's free shipping if you order multiple packs,
money back guarantee.
Speaker 2 (33:29):
I've never seen anybody use that one.
Speaker 1 (33:31):
And you go to Zelmans dot com fifteen percent off
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Speaker 2 (33:40):
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Speaker 1 (33:42):
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Speaker 2 (33:47):
This is handle on the law.
Speaker 10 (33:52):
You're listening to bill Handle on demand from KF I
am six forty
You're listening to KFI AM six forty the Bill Handles
show on demand on the iHeartRadio f This is Handle
on the Law marginal legal advice where I tell you
have absolutely no case. If you're injured need a lawyer,
go to handle on the law dot com. And if
you're a lawyer and want to help our listeners, please
go to handle on the Law dot Com. Click on
(00:23):
the join today tab at the top of the page.
The followings up recorded program the ongoing case against Rudy Giuliani. Juliani,
who was America's mayor. He was a mayor of New
York during the nine to eleven attack and became worldwide.
He became known worldwide about how as to how he
(00:44):
handled the attacks and how New York handled it, because
of course it was a local New York story as
well as an international international story. And prior to that,
he was probably, if not the most successful one and
most successful Attorneys general in the United States or US
attorney for the Southern District of New York. And he
(01:09):
single handedly brought down the mafia. I mean, this guy
is extraordinary. And then he became part of the Trump
circle and went completely nuts, just thought of his mind,
and so he tried to undo the election accusations like crazy.
And there was one case in which two women in Georgia,
a mother and a daughter, he outright accused of cheating
(01:30):
and flipping votes to Joe Biden that were votes for
Donald Trump and election fraud.
Speaker 2 (01:39):
And he kept on repeating that. Well, they sued him.
Speaker 1 (01:41):
He sued him for defamation because he couldn't come up
with any proof. It was a straight out allegation. So
they got a judgment of one hundred and forty million
dollars for defamation, and he kept up on appealing it
and the court said, no, no, no.
Speaker 2 (01:55):
You never came up with allegations.
Speaker 1 (01:57):
There was one case I don't know if it was
this one where where he was involved, and the judge said,
mister Giuliani, you have simply made allegations.
Speaker 2 (02:06):
Do you have any proof It's in my hotel room. Okay.
Speaker 1 (02:11):
The judge then recessed and came back, and everybody came back,
and he goes, okay, mister Giuliani, let's come up with
a proof. I can't find him, but I know it's there. Boom,
all right, judgment for the defendant or judgment for the
plaintiff against Giuliani.
Speaker 2 (02:27):
So in any case, so he's.
Speaker 1 (02:29):
Been nailed, he's out of appeals, and now a judge
ordered him that he must turn over his condo in
New York. He must turn over all of the memorabilia
that he has. And he has some big, heavy duty
member abilia, for example, a jersey signed by Joe DiMaggio.
Speaker 2 (02:51):
He's got expensive furniture.
Speaker 1 (02:53):
He's got a ton of sports memborabilia, including two rings
super Bowl rings, and it.
Speaker 2 (03:00):
Just goes on and on.
Speaker 1 (03:02):
Giuliani has a week to turn that stuff over, and
if he doesn't, you know, it's going to happen contempt
of court, and he may end up looking through jail bars.
And here's the scary part, because I know people that
know people who actually know Giuliani, and so I have
it on. I have the news of people who know
(03:22):
him through inside Baseball, and that is when I ask.
Speaker 2 (03:26):
Is he that crazier? He is crazier than that.
Speaker 1 (03:31):
In fact, through all of this, he's still a true believer.
He thinks all of it was worthwhile. If he ends
up in a dumpster because they took away his law license,
he's been disbarred, and on top of that, he lost
his radio show and his advertisers, and now he is
living on the large ESTs of people who are real
(03:53):
Maga believers who look at him as a hero. And
it's basically it's all gone. It was worth every bit
of it.
Speaker 3 (04:04):
There, Yes, I'm here, Yeah, I'm here, go ahead of
Hi there, sorry about it. Okay, So I'll make a
quick My dad had a Hendrich stroke on April first.
He was an offer for thirty seven days. Now you
got transferred to a facility. My point is I need
to figure out how to get a conservative ship.
Speaker 4 (04:23):
I live with him, all.
Speaker 1 (04:24):
Right, stop right there, okay, hold on, all right, how
do you get a conservatorship?
Speaker 2 (04:29):
Boom? Question over trust and a state lawyer. That's where
you do.
Speaker 1 (04:35):
Actually, any civil lawyer, that's an easy one, uh medvip.
You're gonna get a conservatorship in about two seconds. Your
dad lives with you, he's had a stroke. Oh yeah,
just you just.
Speaker 2 (04:45):
Have to know he wants Yeah, it's fine, it's real easy,
call it, you know. Contact.
Speaker 1 (04:50):
My guess is a trust and a state lawyer. I
think they're the easiest because they've done him before. But
any family law attorney can help you out on that.
Speaker 2 (04:59):
So that's easy. Just yeah, I just get you a lawyer.
That's a simple one. I wish they were all that simple. Connie, Hi, Connie, welcome.
Speaker 5 (05:08):
I need to know. I'm six years old?
Speaker 2 (05:11):
How old? How old?
Speaker 5 (05:12):
From seventy six? Seventy six years old?
Speaker 2 (05:15):
Okay?
Speaker 5 (05:16):
Blind completely blind? Moved from a boarding care into an
assistant living for Oh.
Speaker 2 (05:24):
Good for you. So you went from usually it's the
other way.
Speaker 1 (05:27):
So you went from a much more restrictive facility to
a less restrictive facility.
Speaker 5 (05:33):
Good for you, No, because it turned out to be
more restrictive. From the boarding care, wow, okay, not only
every I sent them to the laundry. They'd never come back.
I people's the laundry.
Speaker 2 (05:47):
So you're like out of underwhelm. Yeah, okay.
Speaker 5 (05:51):
From the big room that I paid for, they put
me into a little room. Used to be a place, right, Okay.
So anyway, because I didn't adhere to their policies, meaning
that I wasn't working into the community, I had paid
a two thousand dollars community fee that was non refundable
(06:16):
because they were supposedly acceptable to my conditions. They didn't
have any other blind people in there, and the last
blind person that was in there. She had to make
out a little placard that said, please tell me what's
on my plate? I'm blind? Oh no, and she's gonna
put that in front of me. No, she was supposed
to be prepared for my situation. I was the only
(06:36):
blind person there.
Speaker 2 (06:38):
And me, okay, are you are you.
Speaker 1 (06:40):
Arguing that they mistreated you because you're black?
Speaker 2 (06:43):
Connie?
Speaker 5 (06:45):
Now I'm miss I was mistreated because I'm old, I'm blind?
Speaker 1 (06:51):
Okay, all right, so you were because you've made you
made reference you being black about four times now, and
I just want to know. And by the way, that's uh,
it's a legitimate question. I mean, is your argument going
to be or is the argument? Do you believe they
treated you the way you they did is.
Speaker 2 (07:07):
Because you're black? Do you think that's the case? No? Okay, good,
So it's incidental. It doesn't matter what color you are.
Speaker 1 (07:13):
Fair enough, So they basically mistreated you because you're old
and blind and you didn't fit in and you didn't
fit into the community. That's their argument, correct, that's correct, right, Okay,
So what's your question, Connie?
Speaker 2 (07:26):
And they stole what.
Speaker 5 (07:29):
Clothes?
Speaker 2 (07:30):
They stole your clothes? Now we're back to the underwear. Okay,
so they stole your clothes. What's your questions? What's your question?
What's your question?
Speaker 5 (07:37):
I want to know what do I take? I want
to go to small claims because it's actually two thousand dollars.
Speaker 2 (07:42):
Okay, well you do that? No, no, okay, that's legit.
Speaker 1 (07:45):
Are you in another place, Connie, are you in another facility?
Speaker 4 (07:49):
Okay?
Speaker 6 (07:50):
Got it?
Speaker 1 (07:50):
So they took they took your deposit. Here's their argument
is that we take we take your deposit. It's non refundable,
and it was your fault that you didn't get along
with people and you violated our policy. Your argument is
you know who I was, and you accepted me. Anyway,
I want my two thousand dollars back, and I want
(08:12):
X dollars for my underwear. How much money worth of underwear?
If you had to replace all your underwear, which you
probably did.
Speaker 2 (08:18):
Are we talking about worried about the cube?
Speaker 5 (08:21):
See?
Speaker 1 (08:21):
I thought that was a great story. Okay, So you're
only interested in the two thousand dollars.
Speaker 2 (08:25):
Okay?
Speaker 1 (08:26):
With that, Yeah, you try a small claim scort, you
go against them. Now they're going to argue refundable, non refundable.
But hell, you're blind, you don't know what the hell
you signed, you know all? You know, so yeah, I
think I try. I would try. Here's the good news
is you're gonna be suing a facility and they're going
(08:47):
to bring in some executive facility. And there you are.
You're blind, you're old, and you're African American. Which, by
the way, even if you're not arguing that there's racial discrimination,
there are tinges of it, especially if you're the only
African American there.
Speaker 2 (09:05):
So I wouldn't even argue that.
Speaker 1 (09:06):
I wouldn't even get No, I would say, you're the
only African American there and let the judge deal with it.
Speaker 2 (09:11):
Yeah, I'd go for it.
Speaker 5 (09:12):
I didn't oh on that because it's more than that.
It was the indignities that they put me under when
I was there.
Speaker 1 (09:22):
Yeah, you're not gonna get any now, you know what.
You're not gonna get anything for that, Connie. Nobody cares
about that. What you're going to get is you're two
thousand dollars back. And yeah, you're going to because because
the rest of it. If you go to a small
claims court and you talk about how they took away
your dignity and by the way. I'm not saying they
didn't and how they mistreated you. The small claims judge
(09:42):
is not going to make a determination as to.
Speaker 2 (09:43):
How much money that's worth. They just don't do that.
Speaker 1 (09:48):
But what they will do is make a determination about
that two thousand dollars that they will so go to
small claims court for the two grand I'd still go
for the underwear.
Speaker 2 (09:58):
Personally, this is handle on the law and welcome back.
Speaker 1 (10:02):
We can give you handle on the law, marginal legal advice.
Speaker 2 (10:09):
Let me see, do I have David here? Hold on?
What did I do? David? There you are, David.
Speaker 7 (10:15):
Welcome the show, Thank you, thank you, good morning. My
question is I'm going to be undergoing surgery here in
a couple of weeks. I went on to Stay Disability
and opened up a claim. I'm allotted to about fourteen
a week. My question to you is, legally I am
receiving a pension from previous occupation. Are they legally able
(10:36):
to deduct my pension money from what my monthy disability
contribu should or payment should be.
Speaker 1 (10:43):
You know, that's a very good question, and I don't
know the answer to that. But if you stay tuned
next week, I'll call in and ask myself that question
and we'll see if we can.
Speaker 2 (10:56):
Get a better answer. Ah, Lisa, Hi, Lisa, welcome.
Speaker 8 (11:02):
Yes, the people that I went from want to sell
the house. They did already and I've been here twenty
seven years and I was wondering if how long they
would have to give me to move out, and would
they have to help me locate.
Speaker 2 (11:19):
Yeah, First of all, it depends on where you live.
Speaker 1 (11:23):
Certain cities have certain rules that are even stronger than California.
Speaker 2 (11:30):
And so let's start with where you live, all right.
Speaker 8 (11:33):
Lisa, Sun Valley, California.
Speaker 1 (11:35):
Okay, so you're within the city of Los Angeles by
the fact that the reason I know Sun Valley is
in the San Ferano Valley is I went to school
at Sun Valley Junior High School.
Speaker 2 (11:46):
All right, So the city of Los.
Speaker 1 (11:48):
Angeles is a little stricter in favor of the tenant.
California says that you are going to get depending on
how you live, how long you've lived there. And I
think you can get twenty five hundred dollars for relocation.
Speaker 2 (12:07):
I think that.
Speaker 1 (12:07):
I think that's what California does. It may be stricter
in city of LA and they have to give you
sixty days. Okay, that's it, sixty days.
Speaker 8 (12:17):
I love you.
Speaker 1 (12:18):
Oh me too, that's what I want to hear. Usually
it's Bill, You're a complete ass. You should see the
emails that I get. It used to be where I
would get letters. I mean we're talking, you know, years
and years ago, or and or emails, and then I
would print those out. And I had in my office
when I had an office here at the radio station,
(12:40):
I had a wall of hate filling up an entire wall.
Now I only have a cubicle because that's all anybody has.
Welcome to the new world of work. And this was
a terrific wall of hate, and it was, oh, you
should die things, crazy stuff. Hitler was right, you have
(13:01):
no business being on the radio.
Speaker 2 (13:03):
It was very entertaining.
Speaker 1 (13:05):
And unfortunately I don't get those kinds of emails anymore.
I don't know why. Maybe people are just used to
me and they've God, I don't know. It's really depressing.
So I welcome those letters because you know, as lovely
as this lady was, come on, isn't that boring?
Speaker 2 (13:22):
I mean, who the hell wants to hear that? For sure? Chad, Hello, Chad, welcome, good.
Speaker 4 (13:29):
Morning, Bill, I do for you.
Speaker 9 (13:33):
So this is about my mother in law. She rented
a small apartment attached to the owner's house and in
the contract.
Speaker 2 (13:41):
First she was asked to evict.
Speaker 9 (13:43):
Or you know, move, and that was fine. But in
the clause in the contract there's a clause for a
no fault eviction, which is what it was. And I
sent him the request for the clause that you get
one month free rent or one hey.
Speaker 2 (14:00):
Yeah, you know, that's kind of interesting.
Speaker 1 (14:02):
So it was a it was a lease that says
at the end of the lease, she leaves and it
will be a no fault eviction if she doesn't leave,
Is that correct?
Speaker 2 (14:14):
Or yes? Or she can't go to court a stipulated judgment.
Do I have that right?
Speaker 6 (14:21):
You have that correct?
Speaker 2 (14:22):
Okay?
Speaker 1 (14:23):
Ooh that's interesting because what you're done, what's happened, there
is no at this point, there's no legal situation here.
I don't think they can ask for a stipulated judgment
starting up front. I think I think there has to
be some kind of court action. Basically, it's you know,
(14:44):
why if she leaves, why would there be a judgment
she's leaving under the terms of the contract. So the
only way that there could be a judgment is he
sues her and then based on the contract, she can't answer,
and that means that there is a judgment. That's what
a stipulated judgment is. You agree that you can't go
(15:07):
further ahead. But usually that's an agreement. Usually that's after
a court filing has taken place. So the bottom line
is how to avert all of that. He can't get
a judgment if she's left, there's nothing to sue for.
Speaker 2 (15:22):
Does that make sense?
Speaker 9 (15:25):
I guess so. I guess we're looking at it from
my mother in law's point of view, as he never
gave her that free month's rent or that moving expense.
Speaker 1 (15:32):
Well, he has to under law, and she's in there
for more than a year. What he's doing is asking
her to waive it. How old your mom?
Speaker 2 (15:41):
Seventy five?
Speaker 1 (15:42):
Yeah, you can argue that there's an elder issue going
on because there's laws that say older people are treated
differently than people that are under the age. I don't
even know when it comes in at seventy two or
sixty five or whatever, And so the argument is, I
didn't know what the hell I was signing.
Speaker 2 (15:59):
I'm old I'm correct, and you know you're you can't
do it.
Speaker 1 (16:03):
So that's what I wouldn't worry about the judgment that
she agrees to that she can't answer if there's no
lawsuit there.
Speaker 2 (16:13):
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(16:57):
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Speaker 2 (17:06):
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Speaker 1 (17:07):
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Speaker 2 (17:16):
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Speaker 2 (17:27):
This is Handle on the law.
Speaker 10 (17:30):
You're listening to bill Handle on demand from KFI AM
six forty welcome back.
Speaker 1 (17:38):
Handle on a law marginal legal advice where I.
Speaker 2 (17:42):
Tell you you have absolutely no case. Oh here's an
interesting one. Stephanie, Hi, Stephanie.
Speaker 1 (17:50):
Okay, yeah, go ahead, good morning, Yes, ma'am.
Speaker 11 (17:54):
Can the statute of limitations be put aside for a
lawyer who is now disbarred?
Speaker 5 (18:01):
He used his license to steal.
Speaker 11 (18:04):
And in a serial fraud inheritance scheme for over thirty years.
Speaker 2 (18:11):
Were you hit by this?
Speaker 7 (18:15):
Yes?
Speaker 11 (18:15):
In nineteen ninety seven, my mother was a widow, died
befriended this ex lawyer became very close at that time. Yes,
he had drafted the will trust and he made donate
his gifts to himself and his perpetrators.
Speaker 1 (18:38):
Hmmm, okay, and so what so this happens in nineteen
ninety seven and sold? Okay, And you're wondering if the
statute of limitations going after the lawyer Civilly from nineteen
ninety seven still applies.
Speaker 11 (18:56):
Yeah, probably jadget of limitations is protect seeing this criminal?
Speaker 1 (19:02):
H No, I understand, No, no, I understand. And so
there's two issues here is one is criminal. Yeah, one
is criminal and the other one is civil. Okay, both
have a statute of limitations and probably the criminal I'm sorry.
Speaker 11 (19:20):
And who's able to move those statute of limitations?
Speaker 2 (19:23):
It would be the judge. It would be the judge
or statutory law or statute.
Speaker 1 (19:28):
For example, in the case of child abuse, the state
of California legislature opened up the statute of limitations for
a period of time where a fifty year old could
go back forty years and file the lawsuit. But that
was a period of time, and that took state law
to do that.
Speaker 2 (19:46):
No judge, I think could have done that.
Speaker 1 (19:48):
So if I had to guess, I think the statute
is long gone on both.
Speaker 2 (19:53):
When did you discover this happened?
Speaker 5 (19:58):
In went around two thousand and five. I was contacted.
Speaker 2 (20:05):
Yeah, okay, so now you're going back.
Speaker 1 (20:08):
Okay, so you're going back almost twenty years when you
knew this was happening. Yeah, you've the statute is long gone, Yeah,
there's not much you can.
Speaker 2 (20:16):
Do about that. And uh, you know what can I say?
Speaker 1 (20:20):
You know larwriors practicing law who don't have licenses.
Speaker 2 (20:23):
I would assume based.
Speaker 1 (20:24):
On that that the lawyer was not only disbarred, but
criminal charges were made against him.
Speaker 2 (20:31):
I can't imagine that wouldn't have happened.
Speaker 4 (20:34):
Gus, Hi, Gus, good morning. Yes, I have just a
quick question. There was my son is renting a condo.
There was a fire, accidental fire at the condo. He
filed a claim with his insurance company. The insurance company
has since paid directly the money directly to the HOA
(20:56):
for the amount of the claim they enter into. The
h o enter into contract with the contract to the
third party. They have finished the repairs and the for
the damages, but the h o A has only paid
them one third of the money, claiming that they don't
have the rest of the money.
Speaker 2 (21:14):
Even though they received all of the money.
Speaker 4 (21:16):
Yes, okay, they have received the money and aren't true
because you know they checks this version. Yeah. My question
My question is uh, and of course the contractors now
turned over the accounting into collections because they refuse to pay.
My question is can the contract of the h o
A now uh, based on and you know, whatever long
(21:38):
it takes, go after the owner of the candle and
my son as the renter or you.
Speaker 1 (21:44):
Know no because no, no, because the the owner uh
does he is the owner is not responsible for the repair.
It's the h o A that is responsible for the
pair repair. And the h o A got paid for
the pair. So if the and I'm assuming if the
HOA filed the claim and the insurance company pay the
(22:07):
h o ah, it was a common area issue. It
wasn't a personal issue within the condo where the renter
was not nailed for any negligence.
Speaker 2 (22:17):
Correct, Yes, that is correct.
Speaker 1 (22:19):
Okay, Yeah, here's here's what's going on. First of all,
the h o A is not doing what's supposed to
be doing. And I think there's personal liability on behalf
of whoever made that decision to keep the money. Okay,
and that's the board and that is a big problem.
That's violation of state law right there. And so you
(22:40):
have to let the all the other members of the
HOA should write a letter saying here here's what happened.
Speaker 2 (22:46):
Guys.
Speaker 1 (22:46):
I'm assuming they all know and you the renter, I
think has a lawsuit against the HOA because you are
a beneficiary basically of the repair that has to be done.
So it's you're a party beneficiary. I don't know if
that's a legal term, but yeah, yeah, I think you
got an HOA that's screwing all of you, is what
(23:07):
you have.
Speaker 4 (23:08):
Yeah, exactly. Now another question is why would you think
the h A would be claiming now that they don't
have the money when the money because.
Speaker 2 (23:16):
They took the money and spend it something. Yeah, it's easy.
They took the money and spend it someplace else. Yeah,
that's what they do.
Speaker 1 (23:23):
Unless someone has stolen that money, which has happened. Because
the h o A, the members of the board control
all the finances. Now, there are certain rules that apply
to them, and they can There's there's a duty of
fiduciary duty they have to the h o A. The
board members have a duty to the rest of you.
(23:46):
Members of the h o A UH to appropriately disperse funds,
can collect, can put in special assessments, They can do
virtually virtually anything. But I'll tell you what they can't do, right.
They can't steal the money that goes in. They can't
take insurance proceeds to repair part of the buildings and
(24:09):
say we don't have the money because when someplace else
that they can't do. So you want to look at
maybe the rest. How many members are in the HOA?
Speaker 2 (24:19):
How many units?
Speaker 4 (24:21):
I don't know they are. I don't they own several
the condo in particular where my son rings is that.
I think they have like forty units.
Speaker 1 (24:31):
Okay, you have to just okay, the owner is not
the ho A. Well wait a second, the owner there
is no ho A. If there's a single owner, all
the units have to be owned separately.
Speaker 4 (24:43):
Yeah, there there Okay, so there's no owner.
Speaker 1 (24:46):
Okay, so you have forty units that are owned either
rented out or owned by the individuals and they have
they can go after the board, and they should go
after the board. I mean, I was a member of
an HOA and it was it was about they didn't
(25:06):
steal any money, but man, they didn't pay bills and
we got a special assessment to pay the bills for
a year and we had to kick out the board.
And it was a mess and it costs big, big money,
which is one of the reasons I sold my house
and I moved into a new place.
Speaker 2 (25:23):
That has a well, what run hoa? Which is a joy?
This is handle on the law. This is handle on
the law. Marginal league advice. Nick, you're up. Welcome to
the show, all right, Nick?
Speaker 12 (25:37):
Hey, what's up?
Speaker 5 (25:38):
Bill?
Speaker 9 (25:39):
So?
Speaker 12 (25:39):
I moved into an apartment but in early June. Their
conditioning didn't work when I first got there. They tried
to remedy it like three or four times. Wasn't working
consistently for over three months. They never brought in a
professional or anything like that. And we went through that
big heat with In that time period, I got two
kids and couldn't cook in my house a whole thing.
Speaker 2 (26:02):
Wow.
Speaker 12 (26:02):
They gave me two options. Yeah, they gave me two options.
They said, either move it, move to another unit which
was sub part of mine, or not not equivalent or uh,
they would let me out of my least scott free.
But they were offering moving assistance.
Speaker 2 (26:18):
They were You say they weren't offering moving assistance? Is
that correct? Or they were not correct?
Speaker 7 (26:23):
They were?
Speaker 1 (26:23):
Okay, A couple of questions. Number one, did the dog die?
Don't care about the kids? You know, I don't give
it an they died.
Speaker 2 (26:30):
But did the dog die? Okay, So that's helpful. Yeah,
I mean they're in breach.
Speaker 1 (26:36):
They're in breach of the lease from the moment the
moment it stopped working. It's not a habitability issue. But
in the case of the heat wave that we had,
which was just.
Speaker 2 (26:47):
Brutal, I mean brutal.
Speaker 1 (26:49):
Yeah, so you got a couple of choices here, but
keep in mind that.
Speaker 2 (26:56):
Any one of these.
Speaker 1 (26:57):
Is going to destroy your relationship with your landlord except
moving out. And I think you are entitled to relocation
money based on the fact that they're letting you out.
Then well maybe not legally, but I think in the
case of a lawsuit, a judge would give it to you.
So how big a deal is it to repair the.
Speaker 12 (27:17):
They were telling me they gave me this ouche because like, oh,
it's obviously uninhabitable, so we can't get the part we
need for like four weeks or something like that. So
because they didn't offer me any moving assistance, I was
unable to move.
Speaker 1 (27:29):
Yeah, right, So how much would it cost to fix it?
Speaker 12 (27:35):
It got thick? They finally got the party. Okay, Okay,
So let me ask you this.
Speaker 1 (27:40):
I had that same situation going when for a period
of time, because I was between places, I sold my
house and then remodeling the new one, and so I
had to get an apartment for a small period of time,
and the air conditioning didn't work, and I raised all
kinds of hell. They brought in portable air conditioners, temporary
(28:04):
portable air conditioners.
Speaker 2 (28:05):
They brought in. Otherwise, I said, otherwise, I'm going to
assue you.
Speaker 1 (28:09):
And I happen to be a lawyer, and thank goodness,
they don't listen to the show so they don't know
the quality of lawyer I am. And so you know,
you could have made that demand, but now it is,
you have it.
Speaker 2 (28:21):
It's already been fixed.
Speaker 1 (28:23):
I think the only answer now is if you want
to stay there is file a small claim suit and argue, yeah,
well you know what. I don't know, but I would
go for the full ten thousand dollars that you're allowed
to under the law and see what.
Speaker 2 (28:40):
The judge says.
Speaker 1 (28:41):
And if I'm the judge, I'm going to look at
you and go three months without air conditioning during that
heat wave?
Speaker 2 (28:49):
Are you kidding? Now? Here's the defense. There were no parts,
your honor. We ordered the part. There was nothing we
could do other than spend three.
Speaker 12 (29:00):
Months to figure out what the problem was Okay.
Speaker 1 (29:02):
Then there, okay, so fair enough. That is their responsibility.
I would go ahead and file a small claim suit,
ask for the full amount, argue that it's worth ten
thousand dollars because your kids or your you know, your
dog was suffering panting and hair fell out or whatever,
and the kids were suffering and they were demented or whatever.
(29:25):
I mean, just throw in everything you possibly can see
what happens.
Speaker 2 (29:28):
Now, are you gonna win something? Yeah? I think you are.
Speaker 1 (29:31):
However, now you have a landlord that's really pissed off
at you, so you have to take that into account too.
The joys of renting are delightful. And I'm right there.
It happens. Fernando, Hello, Fernando, Bill, Yes, all right, this
is not good.
Speaker 2 (29:52):
Fernando. You're on a speaker phone and this is not pleasant.
Speaker 6 (29:56):
Okay, let me take you.
Speaker 2 (29:58):
Okay, thank you.
Speaker 12 (30:00):
Can't you hear me?
Speaker 9 (30:01):
Know?
Speaker 2 (30:01):
I can?
Speaker 6 (30:03):
Okay, Bill, I have a question regarding your.
Speaker 2 (30:07):
List pending a list pendance.
Speaker 1 (30:10):
This a list.
Speaker 2 (30:11):
Pendance l I S P E N D E S
list pendence. Okay, all right, so what's the question. What happened?
Speaker 12 (30:18):
Okay?
Speaker 2 (30:19):
Okay?
Speaker 6 (30:19):
I purchased a property a year ago. I purchased Sellers Finance.
I just received the list pending notice, but it does
not name me as the respondent in James the previous owner,
which is who?
Speaker 1 (30:33):
Yeah, the previous owner doesn't doesn't own the property? Correct,
whor's title?
Speaker 6 (30:39):
I'm on the title.
Speaker 2 (30:39):
Yes, okay, you own the property as title. So what
are they doing?
Speaker 1 (30:43):
Why are they putting your property up with any dispute
they have with anybody?
Speaker 6 (30:49):
That's what I'm trying to figure.
Speaker 2 (30:50):
That's a good that's a good question.
Speaker 1 (30:52):
At this point, you file emotion to dismiss the list pendants,
and the judge will give it to you, because there's
no way that a non property owner or someone that's
not in dispute with the property owner and it has
to do with the property itself. For example, let's say
(31:12):
I'm suing you and you own the property, and I'm
suing you for a breach because there was a business
issue going on. I can't cloud up. But I can't
cloud your title. I can't put your house at risk.
I just can't do it. A lot doesn't allow it
until after a judgment. But that's that's a different story.
Speaker 2 (31:28):
What you have is you have to get a leader
on this one. If he's still on the title, he's
not going to.
Speaker 1 (31:38):
Do a list pendance on his own because that ties
up his ability to sell.
Speaker 2 (31:44):
No.
Speaker 6 (31:44):
I mean, he is his spouse from what I know,
is the petitioner.
Speaker 2 (31:49):
And that doesn't it doesn't matter, It doesn't know. It
doesn't work that way. If there is if your cloud er.
Speaker 1 (31:56):
Cloud has been if there's a cloud on your tide,
which means that you don't own the place free and
clear without any people filing claims etc.
Speaker 2 (32:06):
On the property.
Speaker 1 (32:09):
And they have no basis, which is the case, they
have no basis to do that. Then you file emotion
and they're getting hit with attorney's fees. You got to
get a lawyer in this one.
Speaker 2 (32:18):
Yeah, that's just the way it works.
Speaker 1 (32:20):
It can't just arbitrarily say I'm gonna throw a lawsuit
on your property and tie it up so you can
never sell it.
Speaker 2 (32:26):
Now, you heard about bad breath last spot.
Speaker 1 (32:30):
You heard me talking about Zelman's minty mouthmens, And there
is a world to that because you know, people suffer
from bad breath, especially the people that are smelling your breath.
Speaker 2 (32:41):
And so let me suggest Zelman's minty Mouthmens and here's why.
First of all, it's far more than a mint.
Speaker 1 (32:48):
It's clearly a mint because there's mint on the outside
of this little capsule. But when the mint has been finished,
you sucked the mint off the capsule. You then swallow
it or bite into it, and then it goes into
your gut. And people have to understand that bad breath
emanates from your gut a lot of the time, especially
garlic and onions, which I love, and Zelmans has been
(33:10):
tested clinically against garlic and onions.
Speaker 2 (33:13):
And then when that.
Speaker 1 (33:15):
Is done, I mean, you're basically cleaned up and you
feel great. You know how when you brush your teeth
you just feel really good for a while.
Speaker 2 (33:21):
Well, Zelmans does that to you.
Speaker 1 (33:24):
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Speaker 2 (33:29):
I've never seen anybody use that one.
Speaker 1 (33:31):
And you go to Zelmans dot com fifteen percent off
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Speaker 2 (33:40):
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Speaker 2 (33:47):
This is handle on the law.
Speaker 10 (33:52):
You're listening to bill Handle on demand from KF I
am six forty
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