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
you have absolutely no case. If you're injured and need
a lawyer, go to handle on the law dot com.
And if you're a lawyer and want to join our
team because people desperately need your help, go to handle
(00:23):
on the Law dot com and click on the join
today tab at the top of the page.
Speaker 2 (00:28):
The following is a pre recorded program.
Speaker 1 (00:29):
All right now the ongoing story of what happened in Baltimore.
And remember when the bridge collapsed a few months ago
and the ship that was owned by Grace Ocean Private
Limited and Synergy Marine Private Limited to Singaporean companies. That ship,
you know, it crashed into the bridge and the entire
(00:52):
bridge went down right there in the middle of Baltimore Harbor,
and the harbor was closed for a couple of months.
And the amount of damage that I did not only
to the bridge, which had to be removed and that
took months and had to be rebuilt, but to the
businesses and to a few.
Speaker 2 (01:09):
People that died on the bridge.
Speaker 1 (01:10):
Unfortunately, I mean we're talking in the billions of dollars
of damages. Well, the Justice Department, this is the US
Justice Department, has just reached the settlement with these two
companies for one hundred million dollars with the two companies
that owned and operated that container ship. Now that's just
the Justice Department. We're talking one hundred million dollars. That
(01:32):
does not count the Port of Baltimore, which the business
was closed down and they had to the port had
to take away the remnants of that bridge, which took months.
I mean, this was thousands of tons of metal and
concrete that had to be removed, and then they have
to rebuild. I mean, the damage is going to be
(01:53):
in the billions of dollars. And so there's that lawsuit.
We're talking about the Port of ball More. Then you
have the individual businesses that were affected. Then you have
the individuals themselves that were affected and couldn't get paid
and couldn't work for months, their lawsuit. And then of
(02:14):
course the families of those that were injured, especially those
six that were aboard were on top of the bridge
maintenance workers that were killed.
Speaker 2 (02:23):
And so this is just the start.
Speaker 1 (02:25):
I don't know how these companies are going to stay
in business because whatever insurance they have, the insurance company
is gonna write a check for the limit. But already
the city has filed its own claim. Families of three
of the victims said they are going to sue. Oh Man,
this is a tough one. This is a tough one.
(02:46):
And by the way, the money goes to the US
Treasury and through the treasury to several federal agencies that
were affected by the crash or involved in the response
of the crash. All right, let's go ahead and take
some phone calls here. Let me see people have been
on around all right, Ivan or Yvonne.
Speaker 2 (03:06):
Hello, Evon, you're there, Yes, hello, Yes.
Speaker 3 (03:12):
What's the easiest way to appoint a guardian for the
kids in case of parents?
Speaker 4 (03:19):
Both?
Speaker 1 (03:20):
No, wait, supply you go to the court and you
make an application. And who would be arguing for legal guardianship?
Speaker 5 (03:30):
My father, stepsister just in case?
Speaker 1 (03:32):
Okay, and the kids just just think this is hypothetical, yes, okay, great, great?
Speaker 2 (03:39):
And how would she die hypothetically speaking?
Speaker 5 (03:44):
No, no, no, it's about that.
Speaker 3 (03:47):
I don't want her to get just in case I die.
I don't want her to get any custody of my kids.
Speaker 4 (03:52):
Okay?
Speaker 2 (03:53):
How old are your kids?
Speaker 1 (03:55):
Five?
Speaker 2 (03:56):
Ten?
Speaker 6 (03:58):
Okay?
Speaker 2 (03:59):
And how do you plan on dying hypothetically?
Speaker 7 (04:02):
Uh?
Speaker 2 (04:03):
Car crush, car crash? Okay?
Speaker 8 (04:05):
Uh?
Speaker 1 (04:06):
And you don't want they This is your sister in law?
Is that who you're talking about?
Speaker 3 (04:12):
Yes?
Speaker 4 (04:12):
Okay, do you have Uh?
Speaker 2 (04:14):
Let me ask you. Do you have? Who are the
closest people to your family adults? I have like an uncle,
let's say an uncle? Okay, who would you rather have
the kids? Who would you have?
Speaker 1 (04:28):
Who do you want to have the kids in the
event you hypothetically die in a car crash?
Speaker 4 (04:33):
That uncle?
Speaker 2 (04:34):
That uncle? All right?
Speaker 1 (04:36):
Now, the fact that you're making that the request is
not particularly determinative. The court will take that in mind.
But it's whoever is best fit to take care of
the kids. Someone's got to be a guardian for the kids.
And if there's no one out there, the state takes
over and becomes a guardian.
Speaker 2 (04:53):
But it's all done through a court system.
Speaker 1 (04:54):
So can you guarantee that your sister in law doesn't
become a guardian? Not particularly unless there is a real
danger to the kids.
Speaker 2 (05:04):
Is your sister in law, for example, a drug addict? Hypothetically?
Speaker 1 (05:09):
Now is she a good person hypothetically. No, Okay, why
is she a bad person?
Speaker 3 (05:20):
Because there were issues in the past with some properties
and she wanted it all.
Speaker 1 (05:26):
Okay, how does that have to do with her? What
does that have to do with her being a bad
parent or guardian?
Speaker 5 (05:32):
Because I think if she would take care of my kids,
she would do it for the money that I have
in the bank or other property so that I have.
Speaker 2 (05:43):
Can you guarantee she doesn't do it? No?
Speaker 1 (05:46):
Can you put it in writing? This is why I
don't want her to be a guardian. Maybe, but she
seems far enough away. I mean a sister in law.
It's a little bit more difficult. All right, Let's take
one more and we'll take a break.
Speaker 7 (06:02):
Hello Tom, Hello, Yes.
Speaker 2 (06:08):
Go ahead, Tom.
Speaker 4 (06:10):
Okay.
Speaker 7 (06:12):
We've been a renter for twenty years to this particular house,
and I think I may have discovered inadvertently that our
landlord improved the property before we moved in and never
filed permits to do that.
Speaker 2 (06:30):
Okay, and this is twenty years ago.
Speaker 7 (06:34):
Yeah, I actually talked about twenty twenty five years ago.
So my question is now the side of the house
that is was improved is falling apart, and I'm wondering
if there's any recourse on my part. Sure in terms of.
Speaker 1 (06:48):
That, Sure, you tell them to fix it for one thing,
that's one. Or you're going to call the Department Building
in Safety. You called the Department of Building in Safety.
Although twenty four years ago, I don't know how far
they're gonna go with this, but they can just condemn
the thing.
Speaker 2 (07:03):
They can just shut it down, say you're done, and
then you're out.
Speaker 7 (07:08):
If that happens, and then you're out. Yeah, and then
does the landlord have to pay for a relocation?
Speaker 2 (07:14):
And probably? Yeah? Probably? How much are you paying in rent? Tom?
All right? And how big a place is it? And
where is it?
Speaker 7 (07:25):
Well, it's just four thousand square feet. It's in San
Diego County.
Speaker 1 (07:30):
Okay, so you're getting it for a hell of a price,
I'm assuming, right.
Speaker 7 (07:34):
Correct.
Speaker 1 (07:35):
Okay, Well, let's say you they let's say you call
the Department Building and Safety and they go ahead and
say you've got to not only let's say they pull
the permit and then they decide they're gonna they're gonna
condemn it, which they won't, but they'll make they will
make him bring it up to code.
Speaker 7 (07:50):
Uh.
Speaker 2 (07:50):
And so they give you relocation money.
Speaker 1 (07:52):
The landlord gives you relocation money, you're on your ass
out there, and then you get to look for a
piece of property. You are never going to get a
four thousand square foot home for thirty six hundred dollars
in a decent area of southern California, including San Diego County,
unless you're way out in the sticks.
Speaker 7 (08:10):
Yeah, I understand that. And we would probably have to
downsize because our children have moved out along, all.
Speaker 2 (08:16):
Right, so you would anyway. So what do you want?
What do you want? You want them to fix it
so you stay there?
Speaker 7 (08:23):
No, nothing, what do you want? Particularly?
Speaker 2 (08:25):
But what do you want?
Speaker 7 (08:27):
I'm just wondering if we'd be entitled to many damages
or anything.
Speaker 2 (08:31):
Now, No, you'd be entitled the relocation.
Speaker 1 (08:34):
Yeah, you're not going to be entitled to damages over
twenty four years of which they didn't have a permit. No,
you're entitled to walk out the door and get relocation money.
Speaker 2 (08:45):
This is handle on the law. We got more handle
on the law. Really interesting, Hi Joan, Hi knowl.
Speaker 5 (08:56):
My very best friend is sixty five and years and
years ago had a transitioned from a man to a woman. Okay,
and he was the police force for fifteen years in
a metro city and he kind of got forced out
(09:17):
because he was undergoing this procedure. I'll discuse I'll just
use the word they because it's a little confusing. They
were undergoing this procedure towards the end of that work
period and he got forced out and basically quit. Okay,
he's been a plumber ever since. And now he's wait.
Speaker 2 (09:38):
Wait, wait, say Joan, he is now a she. Right,
I'm sorry she.
Speaker 1 (09:43):
Yeah, you want to use the word she because if
she is listening and your best friend's gonna go, Joan,
what the hell is going on?
Speaker 2 (09:50):
I'm a she?
Speaker 1 (09:50):
But anyway, okay, so she is now a plumber. Sorry,
that's okay, don't apologize to me.
Speaker 2 (09:55):
It's your friend. So she is now a plumber, all right, let's.
Speaker 5 (09:59):
Move on, okay. And it's paid into the system. And
she got a letter from Social Security saying, hey, you
know the letter like, if you retire now, you get
this much. And you know if you wait, you're going
to get this much. So she went to apply not
just for Social Security but for Meta care right and
was turned down because she had a different name.
Speaker 3 (10:23):
Right with the police force.
Speaker 5 (10:24):
Okay, and she can't get anybody to help her.
Speaker 1 (10:29):
Okay, this is not that complicated. This is really not
that complicated. It's a straight name change. It's a straight
did did she legally change her name?
Speaker 6 (10:41):
Yes?
Speaker 2 (10:41):
Okay.
Speaker 1 (10:42):
So with the fact that it's like if you change
your name legally, I know someone who has changed her
name legally, still a female, but.
Speaker 2 (10:53):
Just changed last names. And once that legal name change.
Speaker 1 (10:58):
Was allowed by the court, and the court has to
approve it. But it's simply procedural, you know, as you know,
it's no big deal. You somebod to make the application boom,
and it's done. Then that name change is then filed
with Social Security, filed with the pension people that I am.
Now this person has that do with transitioning. They don't
get they don't care. Legally, it has no effect whatsoever
(11:21):
on Social Security or pensions or anything.
Speaker 2 (11:23):
So it has to do with the name change. That's it.
Speaker 1 (11:27):
And so she, uh, it's not a question of having help.
She can do it herself. She went ahead. She is
legally a different person. Correct, the name change has been
already approved by the court. Yes, okay, driver's license, all
of it, Social Security administration, all of it, right.
Speaker 5 (11:45):
Yes, However they're asking for previous ID.
Speaker 2 (11:50):
All right, so she has previous ideas.
Speaker 5 (11:52):
Okay, she has nothing, but it doesn't matter.
Speaker 2 (11:55):
She has nothing in her old name. No, well, sure,
there's a record of it with Social Security.
Speaker 1 (12:02):
There record with the police force, there's a record with
it with the pension people.
Speaker 2 (12:08):
What do you mean all disappeared?
Speaker 1 (12:10):
The fact that she had another name, That all disappears
when you have a name change.
Speaker 6 (12:16):
Yeah.
Speaker 5 (12:17):
Well, they're telling her that they don't believe she is
who she used to be.
Speaker 2 (12:21):
That doesn't matter because that's I don't know.
Speaker 1 (12:22):
That doesn't make any sense, because it doesn't make any
sense if you.
Speaker 2 (12:28):
Have the proof, if you come in with a proof.
Here I am, I'm Bill Handle.
Speaker 1 (12:32):
And let's say I want a trans which I think
about all the time because this is very rough for
me to be a male.
Speaker 2 (12:39):
But that's a different issue that's between me and my psychologist.
Speaker 1 (12:42):
So I want to be Billy Jean, okay, and so
I now change my name to Billy Jean legally as
opposed to William Wolf. And all I have to prove
I'm William Wolf.
Speaker 2 (12:52):
There are records all over the place of me being
William Wolf.
Speaker 1 (12:58):
And you're saying that the people say, we don't believe
that you were William Wolf, even though here are all
the documents. Something's going on that makes no sense here, Joan,
something's really weird. I agree, Yeah, yeah. I mean if
it turns out and who doesn't believe Social Security, the
pension people, Medicare, medical.
Speaker 2 (13:22):
Who doesn't believe her? How many agencies say no, thank you.
Speaker 5 (13:27):
Medicare and Social Security is okay?
Speaker 1 (13:30):
Well what you do is, or what she does, is
simply go into a Social Security office, ask for a
an appeal, ask for an appeals for him, and ask
to go in front of an administrator straight out. Here's
my proof, here's my proof. She Yeah, none of that
makes any sense, by the way. You know, am I
thinking about a you know, sex change?
Speaker 2 (13:53):
Yeah? Yeah, but that's the entirely different story. All right.
Speaker 1 (13:57):
I want to talk about netsweet for a moment, and
this is for business people like I have been most
of my life.
Speaker 2 (14:03):
And here's a rule.
Speaker 1 (14:04):
The less you spend on delivering your product or service,
the more margin you have. I mean, you make more
money if you don't spend as much money producing it.
And everything costs today. I mean, you look at restaurants. Yeah,
you look at costs, materials, employees, distribution, borrowing money is insane. Well,
you can reduce those costs, reduce those headaches with NetSuite
by Oracle. NetSuite is the number one cloud financial system
(14:28):
and what it does is bring accounting financial management inventory.
Speaker 2 (14:31):
If you do that HR into one.
Speaker 1 (14:33):
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talks to everybody else on this platform. NetSuite lives in
the clouds, so no hardware required, can be excessed from anywhere.
Speaker 2 (14:47):
You're on vacation and you're not having multiple systems.
Speaker 1 (14:50):
You've got one one system that runs everything, which improves
efficiency like crazy, and that slashes costs. It's not that complicated.
Thirty seven thousand companies have already made this move. So
visit NetSuite dot com slash handle, go to the website
and see if they can help you, and chances are
they can. Of course, it doesn't cost anything, no harm,
(15:11):
no foul on that one. NetSuite dot com slash handle.
Sweet as an office suitees NetSuite dot com slash handle.
Speaker 2 (15:20):
This is handle on the law.
Speaker 9 (15:24):
You're listening to bill handle on demand from KFI AM
six forty.
Speaker 4 (15:30):
Back.
Speaker 1 (15:30):
We are more handle on the law marginal legal advice.
Speaker 2 (15:34):
Hey Rod, welcome, Hi Bill, Yes, sir.
Speaker 3 (15:37):
Very good, Thank you. We have an installed generator at
our house and I spoke at our generator company yesterday
over the phone wanting to get a maintenance contract to
service it. He quoted me literally seventy four fifty. Oh,
hey man, that sounds great. Let's do it, and so
(15:58):
we get the I have a card in the mployee
today it's seven thousand, four hundred and fifty and my host.
Speaker 1 (16:06):
Are not necessarily well, let me ask you what this
is an annual contract to maintain your generator.
Speaker 3 (16:15):
Ten years. Yeah, twice a month, twice a year.
Speaker 2 (16:19):
Twice a year for ten years.
Speaker 3 (16:22):
Yeah.
Speaker 2 (16:22):
And you thought you were getting that for seventy four bucks, Yeah,
seven dollars a year for twice a year.
Speaker 1 (16:32):
Three dollars and fifty cents for them to come out
to maintain your generator every time.
Speaker 3 (16:39):
Yeah, it sounded like a deal though.
Speaker 1 (16:41):
Yeah, no, it sounds no, it sounds ridiculous. Yeah, it,
I mean it's completely insane. So what you do is
you have a miss you have a misunderstanding, and you
call them up and say uh uh misunderstood.
Speaker 2 (16:56):
I want my.
Speaker 1 (16:56):
Money back, and if they don't give you your money back,
depending on how ethical they are, you call your credit
card company and you dispute it.
Speaker 2 (17:04):
You say, hey, hey, hey, hang on, huge, huge.
Speaker 1 (17:09):
Disagreement, a misunderstanding, and if they haven't come out yet,
no harm, no foul. Right, okay, but let me I mean, how,
let me ask you something. I mean, Rod, how can
you possibly think that they're going to come out once
a year or twice a year for seven dollars?
Speaker 3 (17:32):
I can't. I can't justify that.
Speaker 2 (17:35):
No, no, you can't.
Speaker 1 (17:37):
So you were a completely delusional I mean, you know,
no question, you're out of your mind. But at the
same time, you're able to cancel that based on a misunderstanding.
If they haven't come out, call your credit card company
instantly and dispute it. Well, first you call them and say, hey,
huge misunderstanding.
Speaker 2 (17:55):
Put the money back.
Speaker 1 (17:57):
I don't want the contract, and if it might For example,
I have a maintenance contract with an HVAC company where
they come out once a year and they check out
and I don't know what the hell I pay for,
you know, four hundred five hundred bucks, you know, for
them to come out but they go through it with
a fine tooth comb. And why you know, is it
(18:18):
probably overpriced? Yeah, maybe a little bit. But the beauty
of that is if there is a problem and it's
one hundred and twenty degrees outside, I get first priority.
That's worth it for me. But no, it's not not
three dollars and fifty cents.
Speaker 3 (18:32):
So well, that's that's You gave me a good smack
on the head, well deserved.
Speaker 2 (18:37):
Yeah, no, that's okay. I mean you should you. It's
so insane.
Speaker 1 (18:40):
You should be able to get out of it either
by way of them returning the money, which they should
if they're ethical. My company would, or you simply dispute
it and you tell your you tell the credit card company.
Speaker 2 (18:52):
Absolutely not. Oh that was great. I love that one.
Hi Johnny, welcome, hey bell? Yeah, go ahead, all right.
Speaker 9 (19:02):
So I was at a bar, parked right out front
of the bar, and.
Speaker 2 (19:05):
Is not a joke A couple of guys walk into
a bar. Okay, no, go ahead, you were at a bar.
Speaker 9 (19:10):
Well, it kind of is a joke because I called
Triple A to tow me home, or just you know,
because I loved a block away and instead of giving
me serviuce. They called the police on me. They called
the HP and I got arrested for DUI.
Speaker 2 (19:23):
Okay, I mean, we're let's talk about this. Were you drunk?
Speaker 9 (19:29):
Yeah, but I was. I was waiting for him to
pick me up.
Speaker 2 (19:31):
Okay, were you in that? Were you in the car?
Speaker 3 (19:33):
Yeah?
Speaker 9 (19:34):
It was December seventh, it was cold, so I was
sitting waiting for I'm like an idiot.
Speaker 1 (19:37):
So you weren't driving, all right, Okay, so the cops
picked So the cops pick you up, okay, and they
rest you.
Speaker 2 (19:43):
Yeah, and what happened to the case. I'm assuming the
case is dropped?
Speaker 4 (19:46):
Right?
Speaker 1 (19:47):
Well?
Speaker 9 (19:47):
I thought it. I got a public defender. I fought
it for six months, but they we subpoenaed film, we
subpoened film, and they couldn't show any evidence that I
that I was driving.
Speaker 2 (19:55):
Okay, So they dropped the case.
Speaker 9 (19:58):
No, I I had plea, no content and I was convicted.
Speaker 1 (20:01):
Why if they couldn't show any evidence, why didn't you,
with your public defender, say I'm going to fight this.
Speaker 9 (20:07):
We did for six months and I, you know, I
just he said, We're not going to win this.
Speaker 4 (20:11):
We don't have any evidence to prove your innocent but.
Speaker 2 (20:13):
You don't have to prove whoa whoa, whoa whoa.
Speaker 1 (20:17):
A public defender tells you you don't have any evidence
to prove you are innocent.
Speaker 2 (20:23):
What are whatever happened to?
Speaker 1 (20:25):
Innocent until proven guilty?
Speaker 6 (20:28):
Exactly?
Speaker 2 (20:29):
All right, you got screwed by the public defender. Okay,
so now what's your what's your question?
Speaker 9 (20:33):
So my question is I had to pay that exact
same tow truck driver to get five hundred dollars to
get my car out the next way when I got
out of jail. Yeah, so I'm like, what a racket
he saw that?
Speaker 3 (20:44):
I was in front of a bar?
Speaker 9 (20:45):
Yeah, I was drinking, And.
Speaker 2 (20:46):
You're absolutely right, You're absolutely right, what a racket? So
what's your question?
Speaker 1 (20:51):
So?
Speaker 8 (20:51):
Do can I?
Speaker 9 (20:52):
Can I get an attorney and sue him for What
are your damages?
Speaker 2 (20:57):
What are your damages? What are your damages?
Speaker 7 (20:59):
I got?
Speaker 9 (21:00):
I got convicted.
Speaker 2 (21:01):
That doesn't matter. That's your choice. That's your choice.
Speaker 9 (21:05):
Oh okay, Well what about the simple conflict adventures that
I have triple.
Speaker 1 (21:08):
A That doesn't there's no conflict of interest? What do
do they own to not call the police? Hey, I
saw him and I thought he was drunk and I
called the cops.
Speaker 2 (21:19):
Where's the content at?
Speaker 4 (21:20):
But I called him to provide a ser doesn't matter.
Speaker 1 (21:23):
It's not a content. He doesn't owe you a duty
other than to do the job. So I don't think
there's a content.
Speaker 4 (21:29):
Didn't he just do the job?
Speaker 2 (21:31):
Because he didn't? Because he didn't. That's that simple. It's
a racket. You're absolutely right, but it's a legal racket.
Speaker 9 (21:39):
Okay, So that's it.
Speaker 2 (21:40):
I mean, you're done.
Speaker 1 (21:43):
You know I'm not going to sit there and argue
at all, right, uh Elsa, hi.
Speaker 2 (21:49):
Elsa, welcome, Hi Bill.
Speaker 10 (21:52):
I live next door to a homeowners association where we
share a fence, and they've notified me that they're going
to be replacing the fence, which is a good thing.
They've also notified me that I have to trim everything
with on my side of the fence twenty four inches
back away from their fence and give them access to
my property while they're installing the new fence. The twenty
(22:18):
four inches is fully landscaped, and I'm wondering if I
have if I can just say you have to deal
with your side.
Speaker 1 (22:26):
Right, You cannot my side, absolutely, I can't say that.
Speaker 2 (22:29):
Yeah, of course you can say that.
Speaker 1 (22:31):
Now, if the only way they can put up their
fence is to walk on your property, then you probably
have the duty to let them do that, but not
to damage your life's landscaping. They are responsible for any
damage to your landscaping.
Speaker 4 (22:51):
So can I.
Speaker 10 (22:51):
Tell them that I have to be there?
Speaker 2 (22:55):
Sure? Of course you can't say, yeah.
Speaker 10 (22:58):
Because this fence is mounted on like this you bolt thing.
Speaker 2 (23:01):
Yeah, I understand.
Speaker 8 (23:02):
You know.
Speaker 2 (23:03):
They they want to do it at their expense, no problem.
Speaker 1 (23:06):
They want to do it at their expense, and they're saying,
the only way we can do it is to walk
on your property. That's perfectly reasonable. You say, I have
to be there, perfectly reasonable. You say, any damage to
my landscape is your problem, that's fine. And for them
to say you have to cut back for twenty four inches, No.
Speaker 2 (23:25):
You can't tell me what to do with my property.
Were you crazy? Why not thirty six inches? Why not
five feet? Why not ten feet? What difference does it make?
So you're fine? Yeah, you can do everything you want
to do. There's absolutely no question about that. Hello Simon,
(23:48):
good morning, Bill.
Speaker 6 (23:49):
Yeah, Bill, I'm a senior citizen. Moved into this unit
back in twenty twelve with a roommate. We've been living
there since twenty twelve, current on rent. The property changed
(24:13):
hands back in twenty seventeen, and we both filled out
tenant estoppel certificate reflecting both names on the estapo.
Speaker 2 (24:27):
Okay, what is the estaple? What are they? Why would
you sign an estaple? What was that about.
Speaker 6 (24:34):
The original owner who knew me and had had knowledge
that I moved into the units?
Speaker 1 (24:43):
Yeah, it doesn't matter. I'm still concerned about estopple here.
You know, why would you what did you sign?
Speaker 6 (24:51):
The previous owner sold the property and apparently one of
the requirements in escrow was to get all your tenants
estopol which we both filled out and submitted.
Speaker 2 (25:06):
Okay, I understand the an agreement to move out?
Speaker 6 (25:10):
No, no, no estopel who lived in the units?
Speaker 1 (25:14):
I don't understand, Uh an estopel as to who lived
in the unit?
Speaker 2 (25:17):
I don't. I don't understand what how that connects? I mean,
I don't what were you as stopped from doing?
Speaker 1 (25:25):
When you sign an estopel, you are estopped, which means
you cannot do something.
Speaker 2 (25:30):
What is it that you cannot do that you agreed to?
Speaker 6 (25:36):
The estapole was basically to UH indicate who lives in
the units.
Speaker 1 (25:44):
Wait a second, that's not an estople, that's just a
new lease that says here's who lives in the unit.
I you know, I don't know where that's going to go,
but that's nice for that.
Speaker 2 (25:56):
You know, there's something I'm missing there, clearly. Uh, this
is hand on the law.
Speaker 1 (26:02):
Welcome back, handle on the law, marginal legal advice.
Speaker 2 (26:06):
Ralph, Hello Ralph, what can I do for you?
Speaker 3 (26:09):
Hi?
Speaker 2 (26:10):
Bill?
Speaker 4 (26:10):
I have a friend who was financed by a card
dealership for the purchase of a used vehicle. This was
back in two thousand and one. So now fast forward
twenty two years later, they have found him and have
started garnishing his wages to pay off the loan.
Speaker 2 (26:28):
Okay, how is that? Hang on a minute, How long
ago was this?
Speaker 4 (26:33):
This was back in two thousand and one.
Speaker 1 (26:35):
Okay, two thousand and one, and they got a judgment
against him clearly, then they went ahead and I guess
that's good for ten years. I'm assuming this is California,
and then it's good for another ten years. So yeah,
I got to tell you way past the statue. So
I don't know how they're garnishing wages because that's an
(26:56):
illegal garnishment.
Speaker 4 (27:01):
Okay, and he did contact a bankruptcy lawyer explain the situation.
The bankruptcy lawyer says, well, you can claim bankruptcy. You
may want to contact this financial institution and make a
deal to pay it off or make payments as opposed
to garnishment. But in a letter from the bankruptcy attorney
to my friend, it stated, do not disclose to the
(27:24):
financial institution you may consider bankruptcy.
Speaker 2 (27:27):
Okay.
Speaker 4 (27:27):
If the financial institution were to find out he wanted
to do that, are there any repercussions now?
Speaker 1 (27:34):
No, absolutely none, Nope, nope, no repercussions. He can say
whatever the hell he wants.
Speaker 4 (27:40):
Okay, that was yeah, he can't.
Speaker 2 (27:41):
But I'm but going back. I mean, you know, that's
an easy one.
Speaker 1 (27:45):
No one. You don't have to tell anybody anything unless
you have a duty to tell, and there's no duty here.
I'm just interested in how twenty three years later they're
garnishing wages. That one I'm interested in, and you may
want to or he may want to talk to a
debtor creditor attorney because I don't understand on what basis
(28:06):
at this point.
Speaker 4 (28:07):
He debtor creditor attorney.
Speaker 1 (28:08):
Yeah, debtor Curry and just look it up and you
can just research the whole thing. Statute limitations, judgment, statute
of limitations.
Speaker 2 (28:16):
Yeah, because I just don't get it for sure. Oh,
let me see where I want to start, Okay, Joseph, Hi, Joseph, welcome, Hi.
Speaker 8 (28:27):
Bill, Yes, sir, thanks for thanks for all the good
advices wanted to tell. Yeah, hey, you get some good
U good stuff there for sure. You know, I talked
to you a couple of years ago, I think, or
maybe a year ago. I'm not sure exactly how long
ago it was, but it was regarding a restaurant that
used to own about fifteen twenty years ago. It used
to be open, so it's been that long since been open.
(28:47):
But since then, I've kind of repackaged the whole concept
and kind of gone through and just kind of revitalized
and trying to just do a new like reboot of
the restaurant. It's a Mexican restaurant. It's a dual kitchen
kind of Mexican restaurant, that kind of thing. But anyways,
the question is, and you know, I think last time
you told me just go for it, you know, because
(29:08):
we basically are looking to open soon. We actually have
a business partner that wants to get involved with us.
But issue is, I think you told me last time,
no big deal, But there's a like a trademarkings involve
with a different same name but different different.
Speaker 1 (29:26):
Okay, did you sell a second when you talk about
the trademark involved. You're going to open the restaurant that
sounds like a trademark name that's already out there, right, Yeah.
Speaker 8 (29:38):
So we used to own it, but we weren't part
of the trademark. That was another restaurant in another state.
But it has the same name, okay, and our family
basically used to own it like way back when.
Speaker 2 (29:48):
It is all right, So well, okay, got it. So
what's your question, Joseph?
Speaker 8 (29:52):
The question is, I mean, I don't want to get
into like any issues with that, you know, Okay, let's make.
Speaker 2 (29:59):
It all right.
Speaker 1 (30:01):
If there is a restaurant that has that name that
is in business, then you're gonna have a huge problem, right,
you know, you just you're going to because unless they're
in a different area completely, and unless they're on the
East coast, for example, where there can be no confusion,
(30:23):
but you can't yeah, for example, you know.
Speaker 2 (30:28):
McDonald's all right, which is a ridiculous name. But you
come up with.
Speaker 1 (30:33):
A name that's close to McDonald's and you have arches
or whatever, and you want to it's close enough, that's
what you have to worry about. If it is close enough,
you can't use the name itself because that's copyrighted. But
if it is close enough to cause confusion in the
same market, you've.
Speaker 2 (30:49):
Got some problems. You're gonna get a cease and desist.
Are they out there? Is the new name out there?
Speaker 8 (30:57):
So we haven't ventured out and we haven't started, no,
I understand.
Speaker 1 (31:00):
But the name is it's another Mexican restaurant that's running
around with the name that you want to basically copy.
Speaker 8 (31:06):
Well, the other one's just been established kind of like
the same about the same amount of time that we
had been, but we closed since then, is what I'm saying.
Speaker 2 (31:13):
All Right, So they're the ones who has the copyright.
Who has the copyright? They So they own the copyright.
Speaker 1 (31:19):
All right, So you're going to be using a name
that they've copyrighted. You think it's a good idea.
Speaker 8 (31:24):
Well, I mean, we used to be in business.
Speaker 2 (31:25):
Though it doesn't matter. They own the copyright, it doesn't matter.
Speaker 1 (31:30):
And since and by the way, since it's how long
you've been out of business, Joseph.
Speaker 8 (31:35):
It's been a little over fifteen years.
Speaker 1 (31:38):
Then you just come up with another name. Yeah, I
just come up with another name, you know, I mean Joe.
You're gonna get into that cease and desist lawsuits?
Speaker 2 (31:46):
Who needs that? Bye? Quickly?
Speaker 1 (31:49):
Oh, talk about restaurants, talm a Mexican restaurants. You come
out of Mexican restaurant and you smell like, well, a
Mexican restaurant, and your breath smells like that, And what
do you want to do about it?
Speaker 6 (31:59):
Welln't.
Speaker 1 (32:00):
If you care about people smelling your breath, then you
may want to consider Zelman's minty mouth mints far more
than just a mint. You pop a couple in your mouth,
there's a minty coating and you suck on that. And
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a few minutes, then you swallow your bite into the capsule.
And this is where they really get to work, because
(32:21):
Zelman's Minty Mouth Mints is far far more than just
a mint. It goes into your gut and it gets
to work there and other Men's don't do this because
bad breath garlic onions and by the way, that's a
lot of Mexican food there. Bad breath can start there,
stay there, and Zelman's Minty Mouthmens takes care of that
one hundred percent.
Speaker 2 (32:40):
On top of that, you just feel good.
Speaker 1 (32:42):
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Minty Mouth min So free shipping. If you order multiple
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I know that.
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Speaker 2 (33:14):
This is Handle on the Law.
Speaker 9 (33:17):
You're listening to bill Handle on Demand from k f
I A M 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
you have absolutely no case. If you're injured and need
a lawyer, go to handle on the law dot com.
And if you're a lawyer and want to join our
team because people desperately need your help, go to handle
(00:23):
on the Law dot com and click on the join
today tab at the top of the page.
Speaker 2 (00:28):
The following is a pre recorded program.
Speaker 1 (00:29):
All right now the ongoing story of what happened in Baltimore.
And remember when the bridge collapsed a few months ago
and the ship that was owned by Grace Ocean Private
Limited and Synergy Marine Private Limited to Singaporean companies. That ship,
you know, it crashed into the bridge and the entire
(00:52):
bridge went down right there in the middle of Baltimore Harbor,
and the harbor was closed for a couple of months.
And the amount of damage that I did not only
to the bridge, which had to be removed and that
took months and had to be rebuilt, but to the
businesses and to a few.
Speaker 2 (01:09):
People that died on the bridge.
Speaker 1 (01:10):
Unfortunately, I mean we're talking in the billions of dollars
of damages. Well, the Justice Department, this is the US
Justice Department, has just reached the settlement with these two
companies for one hundred million dollars with the two companies
that owned and operated that container ship. Now that's just
the Justice Department. We're talking one hundred million dollars. That
(01:32):
does not count the Port of Baltimore, which the business
was closed down and they had to the port had
to take away the remnants of that bridge, which took months.
I mean, this was thousands of tons of metal and
concrete that had to be removed, and then they have
to rebuild. I mean, the damage is going to be
(01:53):
in the billions of dollars. And so there's that lawsuit.
We're talking about the Port of ball More. Then you
have the individual businesses that were affected. Then you have
the individuals themselves that were affected and couldn't get paid
and couldn't work for months, their lawsuit. And then of
(02:14):
course the families of those that were injured, especially those
six that were aboard were on top of the bridge
maintenance workers that were killed.
Speaker 2 (02:23):
And so this is just the start.
Speaker 1 (02:25):
I don't know how these companies are going to stay
in business because whatever insurance they have, the insurance company
is gonna write a check for the limit. But already
the city has filed its own claim. Families of three
of the victims said they are going to sue. Oh Man,
this is a tough one. This is a tough one.
(02:46):
And by the way, the money goes to the US
Treasury and through the treasury to several federal agencies that
were affected by the crash or involved in the response
of the crash. All right, let's go ahead and take
some phone calls here. Let me see people have been
on around all right, Ivan or Yvonne.
Speaker 2 (03:06):
Hello, Evon, you're there, Yes, hello, Yes.
Speaker 3 (03:12):
What's the easiest way to appoint a guardian for the
kids in case of parents?
Speaker 4 (03:19):
Both?
Speaker 1 (03:20):
No, wait, supply you go to the court and you
make an application. And who would be arguing for legal guardianship?
Speaker 5 (03:30):
My father, stepsister just in case?
Speaker 1 (03:32):
Okay, and the kids just just think this is hypothetical, yes, okay, great, great?
Speaker 2 (03:39):
And how would she die hypothetically speaking?
Speaker 5 (03:44):
No, no, no, it's about that.
Speaker 3 (03:47):
I don't want her to get just in case I die.
I don't want her to get any custody of my kids.
Speaker 4 (03:52):
Okay?
Speaker 2 (03:53):
How old are your kids?
Speaker 1 (03:55):
Five?
Speaker 2 (03:56):
Ten?
Speaker 6 (03:58):
Okay?
Speaker 2 (03:59):
And how do you plan on dying hypothetically?
Speaker 7 (04:02):
Uh?
Speaker 2 (04:03):
Car crush, car crash? Okay?
Speaker 8 (04:05):
Uh?
Speaker 1 (04:06):
And you don't want they This is your sister in law?
Is that who you're talking about?
Speaker 3 (04:12):
Yes?
Speaker 4 (04:12):
Okay, do you have Uh?
Speaker 2 (04:14):
Let me ask you. Do you have? Who are the
closest people to your family adults? I have like an uncle,
let's say an uncle? Okay, who would you rather have
the kids? Who would you have?
Speaker 1 (04:28):
Who do you want to have the kids in the
event you hypothetically die in a car crash?
Speaker 4 (04:33):
That uncle?
Speaker 2 (04:34):
That uncle? All right?
Speaker 1 (04:36):
Now, the fact that you're making that the request is
not particularly determinative. The court will take that in mind.
But it's whoever is best fit to take care of
the kids. Someone's got to be a guardian for the kids.
And if there's no one out there, the state takes
over and becomes a guardian.
Speaker 2 (04:53):
But it's all done through a court system.
Speaker 1 (04:54):
So can you guarantee that your sister in law doesn't
become a guardian? Not particularly unless there is a real
danger to the kids.
Speaker 2 (05:04):
Is your sister in law, for example, a drug addict? Hypothetically?
Speaker 1 (05:09):
Now is she a good person hypothetically. No, Okay, why
is she a bad person?
Speaker 3 (05:20):
Because there were issues in the past with some properties
and she wanted it all.
Speaker 1 (05:26):
Okay, how does that have to do with her? What
does that have to do with her being a bad
parent or guardian?
Speaker 5 (05:32):
Because I think if she would take care of my kids,
she would do it for the money that I have
in the bank or other property so that I have.
Speaker 2 (05:43):
Can you guarantee she doesn't do it? No?
Speaker 1 (05:46):
Can you put it in writing? This is why I
don't want her to be a guardian. Maybe, but she
seems far enough away. I mean a sister in law.
It's a little bit more difficult. All right, Let's take
one more and we'll take a break.
Speaker 7 (06:02):
Hello Tom, Hello, Yes.
Speaker 2 (06:08):
Go ahead, Tom.
Speaker 4 (06:10):
Okay.
Speaker 7 (06:12):
We've been a renter for twenty years to this particular house,
and I think I may have discovered inadvertently that our
landlord improved the property before we moved in and never
filed permits to do that.
Speaker 2 (06:30):
Okay, and this is twenty years ago.
Speaker 7 (06:34):
Yeah, I actually talked about twenty twenty five years ago.
So my question is now the side of the house
that is was improved is falling apart, and I'm wondering
if there's any recourse on my part. Sure in terms of.
Speaker 1 (06:48):
That, Sure, you tell them to fix it for one thing,
that's one. Or you're going to call the Department Building
in Safety. You called the Department of Building in Safety.
Although twenty four years ago, I don't know how far
they're gonna go with this, but they can just condemn
the thing.
Speaker 2 (07:03):
They can just shut it down, say you're done, and
then you're out.
Speaker 7 (07:08):
If that happens, and then you're out. Yeah, and then
does the landlord have to pay for a relocation?
Speaker 2 (07:14):
And probably? Yeah? Probably? How much are you paying in rent? Tom?
All right? And how big a place is it? And
where is it?
Speaker 7 (07:25):
Well, it's just four thousand square feet. It's in San
Diego County.
Speaker 1 (07:30):
Okay, so you're getting it for a hell of a price,
I'm assuming, right.
Speaker 7 (07:34):
Correct.
Speaker 1 (07:35):
Okay, Well, let's say you they let's say you call
the Department Building and Safety and they go ahead and
say you've got to not only let's say they pull
the permit and then they decide they're gonna they're gonna
condemn it, which they won't, but they'll make they will
make him bring it up to code.
Speaker 7 (07:50):
Uh.
Speaker 2 (07:50):
And so they give you relocation money.
Speaker 1 (07:52):
The landlord gives you relocation money, you're on your ass
out there, and then you get to look for a
piece of property. You are never going to get a
four thousand square foot home for thirty six hundred dollars
in a decent area of southern California, including San Diego County,
unless you're way out in the sticks.
Speaker 7 (08:10):
Yeah, I understand that. And we would probably have to
downsize because our children have moved out along, all.
Speaker 2 (08:16):
Right, so you would anyway. So what do you want?
What do you want? You want them to fix it
so you stay there?
Speaker 7 (08:23):
No, nothing, what do you want? Particularly?
Speaker 2 (08:25):
But what do you want?
Speaker 7 (08:27):
I'm just wondering if we'd be entitled to many damages
or anything.
Speaker 2 (08:31):
Now, No, you'd be entitled the relocation.
Speaker 1 (08:34):
Yeah, you're not going to be entitled to damages over
twenty four years of which they didn't have a permit. No,
you're entitled to walk out the door and get relocation money.
Speaker 2 (08:45):
This is handle on the law. We got more handle
on the law. Really interesting, Hi Joan, Hi knowl.
Speaker 5 (08:56):
My very best friend is sixty five and years and
years ago had a transitioned from a man to a woman. Okay,
and he was the police force for fifteen years in
a metro city and he kind of got forced out
(09:17):
because he was undergoing this procedure. I'll discuse I'll just
use the word they because it's a little confusing. They
were undergoing this procedure towards the end of that work
period and he got forced out and basically quit. Okay,
he's been a plumber ever since. And now he's wait.
Speaker 2 (09:38):
Wait, wait, say Joan, he is now a she. Right,
I'm sorry she.
Speaker 1 (09:43):
Yeah, you want to use the word she because if
she is listening and your best friend's gonna go, Joan,
what the hell is going on?
Speaker 2 (09:50):
I'm a she?
Speaker 1 (09:50):
But anyway, okay, so she is now a plumber. Sorry,
that's okay, don't apologize to me.
Speaker 2 (09:55):
It's your friend. So she is now a plumber, all right, let's.
Speaker 5 (09:59):
Move on, okay. And it's paid into the system. And
she got a letter from Social Security saying, hey, you
know the letter like, if you retire now, you get
this much. And you know if you wait, you're going
to get this much. So she went to apply not
just for Social Security but for Meta care right and
was turned down because she had a different name.
Speaker 3 (10:23):
Right with the police force.
Speaker 5 (10:24):
Okay, and she can't get anybody to help her.
Speaker 1 (10:29):
Okay, this is not that complicated. This is really not
that complicated. It's a straight name change. It's a straight
did did she legally change her name?
Speaker 6 (10:41):
Yes?
Speaker 2 (10:41):
Okay.
Speaker 1 (10:42):
So with the fact that it's like if you change
your name legally, I know someone who has changed her
name legally, still a female, but.
Speaker 2 (10:53):
Just changed last names. And once that legal name change.
Speaker 1 (10:58):
Was allowed by the court, and the court has to
approve it. But it's simply procedural, you know, as you know,
it's no big deal. You somebod to make the application boom,
and it's done. Then that name change is then filed
with Social Security, filed with the pension people that I am.
Now this person has that do with transitioning. They don't
get they don't care. Legally, it has no effect whatsoever
(11:21):
on Social Security or pensions or anything.
Speaker 2 (11:23):
So it has to do with the name change. That's it.
Speaker 1 (11:27):
And so she, uh, it's not a question of having help.
She can do it herself. She went ahead. She is
legally a different person. Correct, the name change has been
already approved by the court. Yes, okay, driver's license, all
of it, Social Security administration, all of it, right.
Speaker 5 (11:45):
Yes, However they're asking for previous ID.
Speaker 2 (11:50):
All right, so she has previous ideas.
Speaker 5 (11:52):
Okay, she has nothing, but it doesn't matter.
Speaker 2 (11:55):
She has nothing in her old name. No, well, sure,
there's a record of it with Social Security.
Speaker 1 (12:02):
There record with the police force, there's a record with
it with the pension people.
Speaker 2 (12:08):
What do you mean all disappeared?
Speaker 1 (12:10):
The fact that she had another name, That all disappears
when you have a name change.
Speaker 6 (12:16):
Yeah.
Speaker 5 (12:17):
Well, they're telling her that they don't believe she is
who she used to be.
Speaker 2 (12:21):
That doesn't matter because that's I don't know.
Speaker 1 (12:22):
That doesn't make any sense, because it doesn't make any
sense if you.
Speaker 2 (12:28):
Have the proof, if you come in with a proof.
Here I am, I'm Bill Handle.
Speaker 1 (12:32):
And let's say I want a trans which I think
about all the time because this is very rough for
me to be a male.
Speaker 2 (12:39):
But that's a different issue that's between me and my psychologist.
Speaker 1 (12:42):
So I want to be Billy Jean, okay, and so
I now change my name to Billy Jean legally as
opposed to William Wolf. And all I have to prove
I'm William Wolf.
Speaker 2 (12:52):
There are records all over the place of me being
William Wolf.
Speaker 1 (12:58):
And you're saying that the people say, we don't believe
that you were William Wolf, even though here are all
the documents. Something's going on that makes no sense here, Joan,
something's really weird. I agree, Yeah, yeah. I mean if
it turns out and who doesn't believe Social Security, the
pension people, Medicare, medical.
Speaker 2 (13:22):
Who doesn't believe her? How many agencies say no, thank you.
Speaker 5 (13:27):
Medicare and Social Security is okay?
Speaker 1 (13:30):
Well what you do is, or what she does, is
simply go into a Social Security office, ask for a
an appeal, ask for an appeals for him, and ask
to go in front of an administrator straight out. Here's
my proof, here's my proof. She Yeah, none of that
makes any sense, by the way. You know, am I
thinking about a you know, sex change?
Speaker 2 (13:53):
Yeah? Yeah, but that's the entirely different story. All right.
Speaker 1 (13:57):
I want to talk about netsweet for a moment, and
this is for business people like I have been most
of my life.
Speaker 2 (14:03):
And here's a rule.
Speaker 1 (14:04):
The less you spend on delivering your product or service,
the more margin you have. I mean, you make more
money if you don't spend as much money producing it.
And everything costs today. I mean, you look at restaurants. Yeah,
you look at costs, materials, employees, distribution, borrowing money is insane. Well,
you can reduce those costs, reduce those headaches with NetSuite
by Oracle. NetSuite is the number one cloud financial system
(14:28):
and what it does is bring accounting financial management inventory.
Speaker 2 (14:31):
If you do that HR into one.
Speaker 1 (14:33):
Platform, your entire business goes onto one platform and everybody
talks to everybody else on this platform. NetSuite lives in
the clouds, so no hardware required, can be excessed from anywhere.
Speaker 2 (14:47):
You're on vacation and you're not having multiple systems.
Speaker 1 (14:50):
You've got one one system that runs everything, which improves
efficiency like crazy, and that slashes costs. It's not that complicated.
Thirty seven thousand companies have already made this move. So
visit NetSuite dot com slash handle, go to the website
and see if they can help you, and chances are
they can. Of course, it doesn't cost anything, no harm,
(15:11):
no foul on that one. NetSuite dot com slash handle.
Sweet as an office suitees NetSuite dot com slash handle.
Speaker 2 (15:20):
This is handle on the law.
Speaker 9 (15:24):
You're listening to bill handle on demand from KFI AM
six forty.
Speaker 4 (15:30):
Back.
Speaker 1 (15:30):
We are more handle on the law marginal legal advice.
Speaker 2 (15:34):
Hey Rod, welcome, Hi Bill, Yes, sir.
Speaker 3 (15:37):
Very good, Thank you. We have an installed generator at
our house and I spoke at our generator company yesterday
over the phone wanting to get a maintenance contract to
service it. He quoted me literally seventy four fifty. Oh,
hey man, that sounds great. Let's do it, and so
(15:58):
we get the I have a card in the mployee
today it's seven thousand, four hundred and fifty and my host.
Speaker 1 (16:06):
Are not necessarily well, let me ask you what this
is an annual contract to maintain your generator.
Speaker 3 (16:15):
Ten years. Yeah, twice a month, twice a year.
Speaker 2 (16:19):
Twice a year for ten years.
Speaker 3 (16:22):
Yeah.
Speaker 2 (16:22):
And you thought you were getting that for seventy four bucks, Yeah,
seven dollars a year for twice a year.
Speaker 1 (16:32):
Three dollars and fifty cents for them to come out
to maintain your generator every time.
Speaker 3 (16:39):
Yeah, it sounded like a deal though.
Speaker 1 (16:41):
Yeah, no, it sounds no, it sounds ridiculous. Yeah, it,
I mean it's completely insane. So what you do is
you have a miss you have a misunderstanding, and you
call them up and say uh uh misunderstood.
Speaker 2 (16:56):
I want my.
Speaker 1 (16:56):
Money back, and if they don't give you your money back,
depending on how ethical they are, you call your credit
card company and you dispute it.
Speaker 2 (17:04):
You say, hey, hey, hey, hang on, huge, huge.
Speaker 1 (17:09):
Disagreement, a misunderstanding, and if they haven't come out yet,
no harm, no foul. Right, okay, but let me I mean, how,
let me ask you something. I mean, Rod, how can
you possibly think that they're going to come out once
a year or twice a year for seven dollars?
Speaker 3 (17:32):
I can't. I can't justify that.
Speaker 2 (17:35):
No, no, you can't.
Speaker 1 (17:37):
So you were a completely delusional I mean, you know,
no question, you're out of your mind. But at the
same time, you're able to cancel that based on a misunderstanding.
If they haven't come out, call your credit card company
instantly and dispute it. Well, first you call them and say, hey,
huge misunderstanding.
Speaker 2 (17:55):
Put the money back.
Speaker 1 (17:57):
I don't want the contract, and if it might For example,
I have a maintenance contract with an HVAC company where
they come out once a year and they check out
and I don't know what the hell I pay for,
you know, four hundred five hundred bucks, you know, for
them to come out but they go through it with
a fine tooth comb. And why you know, is it
(18:18):
probably overpriced? Yeah, maybe a little bit. But the beauty
of that is if there is a problem and it's
one hundred and twenty degrees outside, I get first priority.
That's worth it for me. But no, it's not not
three dollars and fifty cents.
Speaker 3 (18:32):
So well, that's that's You gave me a good smack
on the head, well deserved.
Speaker 2 (18:37):
Yeah, no, that's okay. I mean you should you. It's
so insane.
Speaker 1 (18:40):
You should be able to get out of it either
by way of them returning the money, which they should
if they're ethical. My company would, or you simply dispute
it and you tell your you tell the credit card company.
Speaker 2 (18:52):
Absolutely not. Oh that was great. I love that one.
Hi Johnny, welcome, hey bell? Yeah, go ahead, all right.
Speaker 9 (19:02):
So I was at a bar, parked right out front
of the bar, and.
Speaker 2 (19:05):
Is not a joke A couple of guys walk into
a bar. Okay, no, go ahead, you were at a bar.
Speaker 9 (19:10):
Well, it kind of is a joke because I called
Triple A to tow me home, or just you know,
because I loved a block away and instead of giving
me serviuce. They called the police on me. They called
the HP and I got arrested for DUI.
Speaker 2 (19:23):
Okay, I mean, we're let's talk about this. Were you drunk?
Speaker 9 (19:29):
Yeah, but I was. I was waiting for him to
pick me up.
Speaker 2 (19:31):
Okay, were you in that? Were you in the car?
Speaker 3 (19:33):
Yeah?
Speaker 9 (19:34):
It was December seventh, it was cold, so I was
sitting waiting for I'm like an idiot.
Speaker 1 (19:37):
So you weren't driving, all right, Okay, so the cops
picked So the cops pick you up, okay, and they
rest you.
Speaker 2 (19:43):
Yeah, and what happened to the case. I'm assuming the
case is dropped?
Speaker 4 (19:46):
Right?
Speaker 1 (19:47):
Well?
Speaker 9 (19:47):
I thought it. I got a public defender. I fought
it for six months, but they we subpoenaed film, we
subpoened film, and they couldn't show any evidence that I
that I was driving.
Speaker 2 (19:55):
Okay, So they dropped the case.
Speaker 9 (19:58):
No, I I had plea, no content and I was convicted.
Speaker 1 (20:01):
Why if they couldn't show any evidence, why didn't you,
with your public defender, say I'm going to fight this.
Speaker 9 (20:07):
We did for six months and I, you know, I
just he said, We're not going to win this.
Speaker 4 (20:11):
We don't have any evidence to prove your innocent but.
Speaker 2 (20:13):
You don't have to prove whoa whoa, whoa whoa.
Speaker 1 (20:17):
A public defender tells you you don't have any evidence
to prove you are innocent.
Speaker 2 (20:23):
What are whatever happened to?
Speaker 1 (20:25):
Innocent until proven guilty?
Speaker 6 (20:28):
Exactly?
Speaker 2 (20:29):
All right, you got screwed by the public defender. Okay,
so now what's your what's your question?
Speaker 9 (20:33):
So my question is I had to pay that exact
same tow truck driver to get five hundred dollars to
get my car out the next way when I got
out of jail. Yeah, so I'm like, what a racket
he saw that?
Speaker 3 (20:44):
I was in front of a bar?
Speaker 9 (20:45):
Yeah, I was drinking, And.
Speaker 2 (20:46):
You're absolutely right, You're absolutely right, what a racket? So
what's your question?
Speaker 1 (20:51):
So?
Speaker 8 (20:51):
Do can I?
Speaker 9 (20:52):
Can I get an attorney and sue him for What
are your damages?
Speaker 2 (20:57):
What are your damages? What are your damages?
Speaker 7 (20:59):
I got?
Speaker 9 (21:00):
I got convicted.
Speaker 2 (21:01):
That doesn't matter. That's your choice. That's your choice.
Speaker 9 (21:05):
Oh okay, Well what about the simple conflict adventures that
I have triple.
Speaker 1 (21:08):
A That doesn't there's no conflict of interest? What do
do they own to not call the police? Hey, I
saw him and I thought he was drunk and I
called the cops.
Speaker 2 (21:19):
Where's the content at?
Speaker 4 (21:20):
But I called him to provide a ser doesn't matter.
Speaker 1 (21:23):
It's not a content. He doesn't owe you a duty
other than to do the job. So I don't think
there's a content.
Speaker 4 (21:29):
Didn't he just do the job?
Speaker 2 (21:31):
Because he didn't? Because he didn't. That's that simple. It's
a racket. You're absolutely right, but it's a legal racket.
Speaker 9 (21:39):
Okay, So that's it.
Speaker 2 (21:40):
I mean, you're done.
Speaker 1 (21:43):
You know I'm not going to sit there and argue
at all, right, uh Elsa, hi.
Speaker 2 (21:49):
Elsa, welcome, Hi Bill.
Speaker 10 (21:52):
I live next door to a homeowners association where we
share a fence, and they've notified me that they're going
to be replacing the fence, which is a good thing.
They've also notified me that I have to trim everything
with on my side of the fence twenty four inches
back away from their fence and give them access to
my property while they're installing the new fence. The twenty
(22:18):
four inches is fully landscaped, and I'm wondering if I
have if I can just say you have to deal
with your side.
Speaker 1 (22:26):
Right, You cannot my side, absolutely, I can't say that.
Speaker 2 (22:29):
Yeah, of course you can say that.
Speaker 1 (22:31):
Now, if the only way they can put up their
fence is to walk on your property, then you probably
have the duty to let them do that, but not
to damage your life's landscaping. They are responsible for any
damage to your landscaping.
Speaker 4 (22:51):
So can I.
Speaker 10 (22:51):
Tell them that I have to be there?
Speaker 2 (22:55):
Sure? Of course you can't say, yeah.
Speaker 10 (22:58):
Because this fence is mounted on like this you bolt thing.
Speaker 2 (23:01):
Yeah, I understand.
Speaker 8 (23:02):
You know.
Speaker 2 (23:03):
They they want to do it at their expense, no problem.
Speaker 1 (23:06):
They want to do it at their expense, and they're saying,
the only way we can do it is to walk
on your property. That's perfectly reasonable. You say, I have
to be there, perfectly reasonable. You say, any damage to
my landscape is your problem, that's fine. And for them
to say you have to cut back for twenty four inches, No.
Speaker 2 (23:25):
You can't tell me what to do with my property.
Were you crazy? Why not thirty six inches? Why not
five feet? Why not ten feet? What difference does it make?
So you're fine? Yeah, you can do everything you want
to do. There's absolutely no question about that. Hello Simon,
(23:48):
good morning, Bill.
Speaker 6 (23:49):
Yeah, Bill, I'm a senior citizen. Moved into this unit
back in twenty twelve with a roommate. We've been living
there since twenty twelve, current on rent. The property changed
(24:13):
hands back in twenty seventeen, and we both filled out
tenant estoppel certificate reflecting both names on the estapo.
Speaker 2 (24:27):
Okay, what is the estaple? What are they? Why would
you sign an estaple? What was that about.
Speaker 6 (24:34):
The original owner who knew me and had had knowledge
that I moved into the units?
Speaker 1 (24:43):
Yeah, it doesn't matter. I'm still concerned about estopple here.
You know, why would you what did you sign?
Speaker 6 (24:51):
The previous owner sold the property and apparently one of
the requirements in escrow was to get all your tenants
estopol which we both filled out and submitted.
Speaker 2 (25:06):
Okay, I understand the an agreement to move out?
Speaker 6 (25:10):
No, no, no estopel who lived in the units?
Speaker 1 (25:14):
I don't understand, Uh an estopel as to who lived
in the unit?
Speaker 2 (25:17):
I don't. I don't understand what how that connects? I mean,
I don't what were you as stopped from doing?
Speaker 1 (25:25):
When you sign an estopel, you are estopped, which means
you cannot do something.
Speaker 2 (25:30):
What is it that you cannot do that you agreed to?
Speaker 6 (25:36):
The estapole was basically to UH indicate who lives in
the units.
Speaker 1 (25:44):
Wait a second, that's not an estople, that's just a
new lease that says here's who lives in the unit.
I you know, I don't know where that's going to go,
but that's nice for that.
Speaker 2 (25:56):
You know, there's something I'm missing there, clearly. Uh, this
is hand on the law.
Speaker 1 (26:02):
Welcome back, handle on the law, marginal legal advice.
Speaker 2 (26:06):
Ralph, Hello Ralph, what can I do for you?
Speaker 3 (26:09):
Hi?
Speaker 2 (26:10):
Bill?
Speaker 4 (26:10):
I have a friend who was financed by a card
dealership for the purchase of a used vehicle. This was
back in two thousand and one. So now fast forward
twenty two years later, they have found him and have
started garnishing his wages to pay off the loan.
Speaker 2 (26:28):
Okay, how is that? Hang on a minute, How long
ago was this?
Speaker 4 (26:33):
This was back in two thousand and one.
Speaker 1 (26:35):
Okay, two thousand and one, and they got a judgment
against him clearly, then they went ahead and I guess
that's good for ten years. I'm assuming this is California,
and then it's good for another ten years. So yeah,
I got to tell you way past the statue. So
I don't know how they're garnishing wages because that's an
(26:56):
illegal garnishment.
Speaker 4 (27:01):
Okay, and he did contact a bankruptcy lawyer explain the situation.
The bankruptcy lawyer says, well, you can claim bankruptcy. You
may want to contact this financial institution and make a
deal to pay it off or make payments as opposed
to garnishment. But in a letter from the bankruptcy attorney
to my friend, it stated, do not disclose to the
(27:24):
financial institution you may consider bankruptcy.
Speaker 2 (27:27):
Okay.
Speaker 4 (27:27):
If the financial institution were to find out he wanted
to do that, are there any repercussions now?
Speaker 1 (27:34):
No, absolutely none, Nope, nope, no repercussions. He can say
whatever the hell he wants.
Speaker 4 (27:40):
Okay, that was yeah, he can't.
Speaker 2 (27:41):
But I'm but going back. I mean, you know, that's
an easy one.
Speaker 1 (27:45):
No one. You don't have to tell anybody anything unless
you have a duty to tell, and there's no duty here.
I'm just interested in how twenty three years later they're
garnishing wages. That one I'm interested in, and you may
want to or he may want to talk to a
debtor creditor attorney because I don't understand on what basis
(28:06):
at this point.
Speaker 4 (28:07):
He debtor creditor attorney.
Speaker 1 (28:08):
Yeah, debtor Curry and just look it up and you
can just research the whole thing. Statute limitations, judgment, statute
of limitations.
Speaker 2 (28:16):
Yeah, because I just don't get it for sure. Oh,
let me see where I want to start, Okay, Joseph, Hi, Joseph, welcome, Hi.
Speaker 8 (28:27):
Bill, Yes, sir, thanks for thanks for all the good
advices wanted to tell. Yeah, hey, you get some good
U good stuff there for sure. You know, I talked
to you a couple of years ago, I think, or
maybe a year ago. I'm not sure exactly how long
ago it was, but it was regarding a restaurant that
used to own about fifteen twenty years ago. It used
to be open, so it's been that long since been open.
(28:47):
But since then, I've kind of repackaged the whole concept
and kind of gone through and just kind of revitalized
and trying to just do a new like reboot of
the restaurant. It's a Mexican restaurant. It's a dual kitchen
kind of Mexican restaurant, that kind of thing. But anyways,
the question is, and you know, I think last time
you told me just go for it, you know, because
(29:08):
we basically are looking to open soon. We actually have
a business partner that wants to get involved with us.
But issue is, I think you told me last time,
no big deal, But there's a like a trademarkings involve
with a different same name but different different.
Speaker 1 (29:26):
Okay, did you sell a second when you talk about
the trademark involved. You're going to open the restaurant that
sounds like a trademark name that's already out there, right, Yeah.
Speaker 8 (29:38):
So we used to own it, but we weren't part
of the trademark. That was another restaurant in another state.
But it has the same name, okay, and our family
basically used to own it like way back when.
Speaker 2 (29:48):
It is all right, So well, okay, got it. So
what's your question, Joseph?
Speaker 8 (29:52):
The question is, I mean, I don't want to get
into like any issues with that, you know, Okay, let's make.
Speaker 2 (29:59):
It all right.
Speaker 1 (30:01):
If there is a restaurant that has that name that
is in business, then you're gonna have a huge problem, right,
you know, you just you're going to because unless they're
in a different area completely, and unless they're on the
East coast, for example, where there can be no confusion,
(30:23):
but you can't yeah, for example, you know.
Speaker 2 (30:28):
McDonald's all right, which is a ridiculous name. But you
come up with.
Speaker 1 (30:33):
A name that's close to McDonald's and you have arches
or whatever, and you want to it's close enough, that's
what you have to worry about. If it is close enough,
you can't use the name itself because that's copyrighted. But
if it is close enough to cause confusion in the
same market, you've.
Speaker 2 (30:49):
Got some problems. You're gonna get a cease and desist.
Are they out there? Is the new name out there?
Speaker 8 (30:57):
So we haven't ventured out and we haven't started, no,
I understand.
Speaker 1 (31:00):
But the name is it's another Mexican restaurant that's running
around with the name that you want to basically copy.
Speaker 8 (31:06):
Well, the other one's just been established kind of like
the same about the same amount of time that we
had been, but we closed since then, is what I'm saying.
Speaker 2 (31:13):
All Right, So they're the ones who has the copyright.
Who has the copyright? They So they own the copyright.
Speaker 1 (31:19):
All right, So you're going to be using a name
that they've copyrighted. You think it's a good idea.
Speaker 8 (31:24):
Well, I mean, we used to be in business.
Speaker 2 (31:25):
Though it doesn't matter. They own the copyright, it doesn't matter.
Speaker 1 (31:30):
And since and by the way, since it's how long
you've been out of business, Joseph.
Speaker 8 (31:35):
It's been a little over fifteen years.
Speaker 1 (31:38):
Then you just come up with another name. Yeah, I
just come up with another name, you know, I mean Joe.
You're gonna get into that cease and desist lawsuits?
Speaker 2 (31:46):
Who needs that? Bye? Quickly?
Speaker 1 (31:49):
Oh, talk about restaurants, talm a Mexican restaurants. You come
out of Mexican restaurant and you smell like, well, a
Mexican restaurant, and your breath smells like that, And what
do you want to do about it?
Speaker 6 (31:59):
Welln't.
Speaker 1 (32:00):
If you care about people smelling your breath, then you
may want to consider Zelman's minty mouth mints far more
than just a mint. You pop a couple in your mouth,
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(32:21):
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Speaker 2 (32:40):
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Speaker 1 (32:42):
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Speaker 2 (33:14):
This is Handle on the Law.
Speaker 9 (33:17):
You're listening to bill Handle on Demand from k f
I A M six forty
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