Episode Transcript
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(00:00):
You're listening to k I AM sixforty the Bill Handles show on demand on
the iHeartRadio app. And this isKFI AM six forty Bill Handle here on
a Saturday morning. Yes, onemore hour to go, and then we
have Rich Dumurrow show up with theTech Show. He's on from eleven to
(00:23):
two, and then this afternoon fromtwo to five, it's the Fok Report
with Neil Savedra All Things Food,and Neil is on the Morning Show with
Me just started January first, whileit's been that long. We have a
great time in the morning. Andthen on Saturday he does the Food Show,
of which he is a foody extraordinary. Our phone number since its top
(00:45):
of the hour is eight hundred fiveto zero one five three four, eight
hundred five to zero one five threefour, and we do have lines that
are open. This is Handle onthe law marginal legal advice, where I
tell you you have absolutely no case. Here is an interesting lawsuit, and
(01:11):
I don't know where it's going togo. Actually I do know where it's
going to go. So this happensto the interesting fact situation. So you
have a satellite that's been put upby NASA or in this case, it
was the International Space Station. Andwhat they do is when they run out
of battery or battery runs off,they just jettison there goes, just goes
(01:34):
into space, and a lot ofgarbage goes into space. They don't keep
it, and so then you havewhatever up there then enters the Earth.
It enters Earth's atmosphere and burns upninety nine percent of the time with very
little leftover. And that's the wayspace works, the way we and all
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the other countries deal with space.They just jettison stuff. It goes into
the it just falls into Earth anddisappears. Okay. Now, occasionally there
will be part of a spacecraft thatsurvives that re entry and ends up on
Earth someplace, usually to the PacificOcean, because Pacific Ocean is by far
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the biggest mass we have on theplanet. It's the biggest thing we've got.
But sometimes it's on land. Sohere is what happened in Charlotte,
North Carolina. The Otero family.Alejandro Oterra and his family were sitting there
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at home and all of a sudden, a two pound cylindrical object comes tearing
through their roof and goes through thesubflooring and Thank goodness, no one was
hurt, but there are some damagesthere. They got to repair the roof,
they got to the subfloor, theygot to repair this stuff. And
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so they're making a claim against NASAand they want eighty thousand dollars. Now,
you can do a lot of repairfor eighty grand. So I think
they may be going a little bitoverboard on this one. And the question
is is NASA responsible? They wantmoney from NASA. Interesting question because if
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there's damage to your house and yousue whoever does it, you're arguing negligence.
You are arguing they did something wrong. Someone hits your property, a
neighbor's tree hits your property, andthe duty was to cut it. The
duty is people not supposed to drivethrough. A workman comes through and does
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some damage to your home. Youget money because of negligence. How is
NASA negligent? They don't know wherethings are going to land. And if
they weren't able to edison unused orparts that are simply done, what are
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they supposed to do? Are theysupposed to figure out where this stuff is
going? They can't. Are theygoing to figure out that? People have
to be warned? They can't there'sno other way for NASSA to work.
In order to make them liable,two things can happen. You can have
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strict liability saying it doesn't matter nomatter what happens, they're going to be
responsible for any damage, or they'renot negligence. And that's why God invented
home insurance. And I don't knowwhich way the court is going to go
at least I have never figured itout. If there is a case out
there, interesting case it really is, And if I were a judge,
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which way would I go? Idon't think i'd go. Well, strict
liability would probably have to be aloss. Strict liability means they are liable
no matter what, whether they're atfault or not at fault. That's workers.
For example, California is a nofault state, which means if you
get hurt at work, they arethe workers comp Fund pays doesn't matter,
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no fault, doesn't matter what faultit is, your employer is into the
fund and you get paid. IsNASA a no fault organization? I don't
know. All right, Phone calls, Hello Christine, welcome, Hi Bell,
Yes, I have a case thatactually occurred. July seventh, almost
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five years ago where I lost mygrandson in a fraid sorry car accident.
It was a drunk driver involved.And so anyway, there were three people
involved in this attorney issue that wehave since acquired, and it's again five
years. They have been giving usexcuse upon excuse upon why they cannot settle.
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And it's a very limited amount Sullythirty thousand coming from this, and
I just wonder if that's the reasonwhy they're not, you know, in
in a hurry to settle this case, or you know, that doesn't seem
that doesn't seem logical. Five yearsafter a lawsuit was filed. Yeah,
that's a long time, especially whenyou're talking a minimal amount of money relative
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to a wrongful death case. Andthirty thousand dollars when someone has died is
not a lot of money. Who'sactually suing, Christine? Because there was
three parties involved? No, No, who is actually suing? Are you
suing or the parents suing or boththe parents those divorced? Okay, And
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well that doesn't really matter because they'rejoining unless they want to split the lawsuit,
and very few people do that.When you say three parties are involved,
what does that mean? Three parties, meaning my son it was his
vehicle, my daughter in law itwas her those in the car with him,
and also severed injuries. Her boyfriendalso who was the driver, is
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the third party that they're all inparty with. Okay, so they're all
suing. They're all suing wrongful deathsfrom the parents and personal injury from those
people in the car that were thatwere injured. I don't know if yeah,
I don't know if it's important thatyour son owned the car. That
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just means that there's a property damagethat he's able to get. And I'm
assuming there was limited insurance on thedriver side exactly, and they killed.
I don't know why it took fiveyears. I can't tell you why.
It makes no sense. They're tellingme that they have records, medical records
of these miners to present the minorcourt. They're waiting for these I don't
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understand. I don't even know whatminor court is. This is a straight
wrongful death case against the drunk driveron behalf of the parents, right well,
juvenile court. The other two thatwere in the car were miners besides
my grandson, and they so someoneso someone that comes in with a Guardian
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ad linum On behalf of the parents. But you know they can they can
sue. I don't think it's miner'scourt, and he's a basically superior court
at least I don't know about thatminer's court in this regard. So you
know, I can't tell you whyit took so long. I just don't
know the answer. This is handleon the law. Pay fi handle here
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on a Saturday morning. Welcome back, Handle on the law, marginal legal
advice. Hey Barry, you're up. Welcome to handle on the law here.
Bill. I live in Ventura,and Ventura County has great roads,
but the city of Ventura the roadsof disasters. And the other day I
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had to blow out with a pothoole, crack my rim an damage to
my vehicle. Is there any waythat I clean? Well, how do
I go about? Okay, allright, here's what happens and the way
you do it. Simple answer.Yes, you can do something about it,
and you can sue. However,first you have to make a claim.
Okay, that's the first thing youdo is make a claim against the
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city. They're going to deny it. They always do, and so now
you take the denial and you're suingthe city a small claims court for the
wheel, the rim, the tire, whatever, And you have to prove
that they knew there was a problemthere, that they were told there was
a problem, and they did notfix it within a reasonable time. If
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they were told two weeks ago ora week ago. You know what,
every time they're told there's a problem, they they don't have the staff,
the resources to jump in and fixit. So that's problem number one.
Prove that they knew about it.Someone had complained and they knew about it,
and they didn't and they didn't fixit with a reasonable time. The
other thing is proving it was thatthat caused this damage, because they're gonna
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say it's entirely possible that it wassomeplace else. It wasn't here, it
wasn't there, And then you're infront of a small claims court, judge.
I mean that's how to do it. I take photos of the Yeah,
yeah, you take photos of everything. Yeah, you take you take
photos of everything, of the potholewith the tap and all of it,
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all of it. You do everythingyou can everything. Yeah. I wish
you had had your car next tothe pothole. Uh, that was timestamped.
But uh, if you don't havea photo of that, and no
one does, by the way,it's it's not like you did anything wrong.
No one does that. And youmake a claim, you go for
it and see what happens. Yougot nothing to lose, You got nothing
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to lose. And how much isgoing to cost you to fix it?
By the way, well it costsall right. Well, and if you
have auto insurance, if you havecomprehensive you against your auto. You go
against your auto insurance and at leastget most of it picked up. Most
people don't do it because it isa huge hassle. It really is.
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Marcy, Hi, Marcy welcome.Hell yeah, that's okay, Hi,
okay. Mycen was an accent sureover two years ago to where he was
a dui. Someone died. Soanyway, in jail, back and forth,
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the court car is impounded. Hehas items in the car and they
said they cannot you cannot get theseitems and tell if he has sentenced the
sentenced over a month ago. Andso through that whole thing, we're trying
to see where's the car, Howdo we get the items that were in
the car, And no one canseem to help us, even in his
attorney. Yeah, because it's inthe system, Marcy, And do you
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have every right to get that vehicleback because they're done with the investigation,
they're done with everything, and nowit's in this morass of bureaucracy. And
I if attorneys, attorneys don't getinvolved in this because there's just no upside
for it unless that's part of thepay that they get for defending. Wow.
(12:20):
You know, I don't even knowwhere to go other than the usual
channels, and that is calling thepolice department, trying to call maybe the
DA. Now, your son wasconvicted of DUI and and someone died as
a result of the accident. Yes, he had signed when he was got
(12:41):
a DUI and he was in histwenties, like early twenties. I got
a DUI and they said I'll signthis, saying it's the Watson Agreement,
blah blah blah. So now inhis forties he got in an accident DUI
and then the person a person inthe other vehicle had died. Okay,
So anyway, so in jail sentenceand how long how long? How long
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he is in jail for two years? Okay? Okay? Two years,
and they took it away, andthey took it away from him, took
what away? His time time served? Oh, they didn't credit him with
time served. No, because thepeople, the family of the other party,
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said they wanted him to do somuch time in jail. Yeah,
they generally did that. Yeah,the time served is usually virtually all the
time it's time served. But Ican understand the circumstances of it. And
I'm assuming his driver's license was takenaway for life, right. Well,
I have no idea on that,but probably doesn't matter because he's in jail
forever. So what do you meanyou said? You said to you said
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two years? No, ye hadtwo years in jail. He would have
gotten four years for time served.Oh and the judge gus saying, are
you sure you want to give thatup? And he said yes, because
I guess the family wanted him tomake sure he did twenty years in jail.
So what kind of sentence did heWhat kind of sentence did he get?
Whoa, whoa? I know,I know, I don't it's really
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bad. I don't know, reallyvery Yeah, that's really bad. I
know, it's really smart. Idon't know. Yeah, well, not
that smart. But okay, theanswer is, I don't know how you
go through the bureaucracy other than goingthrough the bureaucracy. And I know that
sounds a riddle, ridiculous, butyou get when you're caught up in that
(14:37):
and they've seized property. For example, when the Feds come in and seize
property, I've seen that go crazyand that becomes a civil seizure and it's
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Go to NetSuite dot com slash handle. NetSuite dot com slash handle.
This is Handle on the Law.You're listening to Bill Handle on demand from
kf I am six forty timey holdon bubbles done. Okay, there you
(16:15):
go. All right, welcome back. We'll handle here. Oh now I
have to sneeze. Come on,guys, all right, hang on a
minute. I hate that noise righton the edge. Right, Oh god,
come on, I'll probably sneeze rightin the middle of my next conversation.
Okay, Well, if it happens, it happens, all right,
Welcome back, everybody. Phone numbereight hundred five two zero one five three
(16:38):
four. Eight hundred five two zeroone five three four for legal advice.
Welcome back, Handle on the LawMarginal legal advice for you where you have
no case. All right, Lisa, Hi, Lisa, Welcome hi.
Bill. So my tent's left theirhouse and the trust. On their death,
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the house is to be sold andthe proceeds going to their four daughters.
Both parents died and a daughter died, so her portion is going to
her two kids. One of thekids is contesting a saying that the house
belongs to her, saying that mymom gave her the house. We went
to court, the judge ruled inmy favor, so now we're in the
(17:23):
process of eviction. My question toyou is her portion of the sale of
the house. Am I legally boundto give it to her brother? Or
can I do what I want withit? No? No? If the
judge rule that she has no ownership, correct? Correct? Okay, then
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if she has no ownership, herbrother would have no ownership. How would
that why she's the one that contests. She's the one she's fighting, not
her brother, I understand. Butif the judge rule that she doesn't have
any ownership based on what the factthat she is pursuing to the trust her
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situation as the daughter has no rights, that means her brother has no rights.
I'll be thinking about why would herbrother If the judge rule that she
has no rights to that property beingwhatever connection she has, then why will
your brother all of a sudden havesome kind of a connection that his sister
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doesn't because he is issue. Heis my sister's issue, and my sister
passed away. Well, and whois she then? Who's contesting it?
My niece who is my deceased sister'sdaughter. My deceased sister had two kids,
and her portion of the sell ofthe house was going to be split
(18:49):
between the two kids, right,and one of them, and one of
them is contesting it, saying Iwant all of it? Correct, correct?
Okay? And she lost. Nowdid the judge say you have no
rights or you're in the same positionas everybody else. What did the judge
say? The judge ruld in myfavorite thing. I don't know what that
means. She contested, saying sheowns a whatever piece of it, the
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property, or all of it.Did the judge say that she has no
rights? Yes, okay, Whywould her brother have rights because he's my
sister's issue. He had nothing inright, so she has no So she
is not your sister's issue. Well, she is my sister's child. Yes,
(19:37):
that is issue. That is issue. Right. You're driving me nuts
if they're both issues at the samepoint, and the judge rules that she
as issue has no rights. Whywould her brother as issue have rights.
Well, he's not contesting the Itdoesn't matter who's contested in it. Who
(20:00):
doesn't. You're out of your mind. But thank you for the phone call.
You know, I mean there's areal problem. You know, there's
no issue there to talk about.Well, there's an issue if there are
the children of Oh great, allright, Steve, Hello, Steve,
(20:22):
welcome, Hey Bill. I leaseda new vehicle about eleven months ago,
and in that time period, I'vetaken it in about five times for the
same issue, the latest time beingjust about a week ago. I've got
the vehicle back the same issue stillthere. Okay, So your question is
have a I think I have alemon on my hand. Now you do?
Is this something? Is this somethingI can handle myself? Or no?
(20:45):
That you recommend that I go towhat you have to get an attorney
who specializes in lemon law. Now, the good news is is that you
don't pay for the attorney and it'snot a contingency. They don't take a
piece of your settlement. So let'ssay the company comes back, the manufacturer
comes back, gives you a newcar, or whatever gives you x thousands
of dollars. The attorney doesn't takea piece of that. The attorney is
(21:11):
statutorially he's able or she is ableto get fees x number fees pursuing to
the amount of money that has beenawarded. There's number one, it's complicated.
Number two, you're out of yourleague on this one, as I
am if I had a Lemon Andthree, you don't pay for a lawyer,
so they don't take any of theany of the proceeds. That that's
(21:33):
correct. That's correct. They takeno proceeds. They're paid outside of the
proceeds. Yeah, so find aLemon law lawyer. Okay, we do
want to have them recommended on handlingthe law. We don't have any unhandle
on the law. No, butthe KFI, the station I work for,
does have one, and I knowthey're good, so you may want
(21:53):
to listen to them. Okay,thank you, Bill, Okay, you
got it. Yeah. A lotof people I don't know that about Lemon
law is that usually in contingency cases, let's say, personal injury. So
when you see these ads, lawyersare advertising we got five million dollars on
(22:14):
a case. They don't tell youthat they took forty percent of it because
these are contingency cases, meaning we'lldo the work for you, we lawyers,
and whatever settlement we get for yourwinning trial, we take a pretty
healthy percentage. With Lemon Law.It doesn't work that way with Lemon Law
lawyers. You hire Lemon Law lawyerand they get paid outside of that,
(22:36):
So that works all right, George, welcome to Handle on the law.
Hello George, Hey Bill, Hey, I appreciate you taking my college.
I have a kind of a uniquequestion. I've got a company out of
California. I live out of state, and they sent me a letter,
actually two of them, indicating thatthey paid my proper pretty taxes, which
(23:02):
I would Which company? Why woulda company pay your property taxes? What
kind of company it's it's a companyout of California and their name it's a
Loretta. They're they're a company thatpays other people's taxes, so investment properties
stuff like that. Okay, Butthen they have some kind of ownership or
interest in the property. I'm assumingno, not why would they pay Why
(23:25):
would they pay tax? With myquestion? Yeah, I mean that that
doesn't. Now let me ask youyou you uh you got a letter from
them saying that they paid your taxesand you want some they want some money
back. Yeah, they paid them. According to them, they paid them
in twenty twenty two. Okay,did you pay did you pay the tax
in twenty twenty two? Yeah,I wrote a check for the taxes.
(23:48):
Okay, and they and you canand they and the check cleared. Correct.
Uh, that's the part I haven'tfound. I haven't. I haven't
determined yet. I have to goback and determine whether the determined. But
in the meantime, just because theyyou know what, if they've paid your
taxes, you go thank you.It's been a pleasure, that's what.
And that's what I told them.I told them to go back to the
county and collect back from them ifif they over you know, if they
(24:11):
paid them by accident. But youknow, they said, well the county
won't refund them. Well that's justtoo bad. Well I show that's just
that's just too bad. If theyvoluntarily want to pay your taxes without any
kind of arrangement or any kind ofa contract, all you do is say
thank you. I really appreciate you. Guys are wonderful, wonderful people.
(24:33):
For paying my taxes. Can't tellyou how much I am thrilled with you.
And if you like, I willrecommend you to anybody else that you
will pay their taxes for free.The business legal things, no, no,
no, no, no, you'renot going to be exposed anything.
I mean, if they paid yourtaxes, I mean, that's crazy without
(24:56):
some kind of an underlying leak contractor uh. There's a few things.
If they're claiming adverse possession, forexample, they're claiming ownership of your property
by a concept called adverse possession,which means you have abandoned it. They're
using it, they're paying your taxes. And then there's something that's called open
(25:22):
and notorious, which is one ofthe elements. It has to be open.
They have to let everybody know thatthey're using your property, they pay
taxes on it, and effectively youhave to have abandoned the property. And
then they come in with certain rulesand if it isn't even close to that,
you know, they're out. They'reout to lunch. And by the
way, they don't ask for themoney back, they go for the ownership
(25:45):
of the property. Yeah, soyou're fine. It's it's some kind of
a scam, and if it isn't, it's a big thank you. Wow,
good for me, and thank youfor you. This is Handle on
the lot, and this is KFIAM six forty bill Handle here on a
(26:06):
Saturday morning. Last segment, anda couple of words about your phone calls.
I continue on with the phone callsafter the show, and I do
it off the air and no commercialsor anything, so as you can imagine,
I zip right through those, soyou can still call me at the
same number eight hundred five two zeroone five three four. And for those
(26:27):
of you that are on the lineand waiting, just stay put, don't
hang up when I finish the show, because I'll get right to you literally
seconds after I lock out. Sostay put and you can call. And
for those of you that want tocall right now, you're gonna get on
either on the air, probably offthe air. Eight hundred five two zero
(26:49):
one five three four. Welcome back, Handle on the Law, Marginal Legal
Advice, Hey Joel, Welcome.Hi. How's it going ahead? Hey,
sir, My sister. She hasa pension from Tillarry County and she's
on Social Security. She got divorcedabout ten years ago and her ex husband
(27:10):
passed away about a year or soago. But yeah, to Larry,
County is still giving four hundred dollarsa month to his son. Is that
no, I don't think so.Well. Depends on how the pension is
written, but I don't think so. I mean that would keep on going
(27:33):
forever he's dead, and the pensionhas to do being alive. So you
know my pension, For example,I have a pension through after Rid the
union I belong to, and whenI die it's sort of over. Yeah,
I get it. That's kind oflike Social Security, I think,
But anyway, the county is still. Yeah, there's someone you have to
(27:56):
go under. You have to gothrough that bureaucracy because it doesn't make any
sense at all. And you haveto look at the pension documents too,
how it works and how the documentand the choices that she had. For
example, I can go one oftwo ways. I can either keep the
pension it all goes to me andwhen I die it's over. Or I
(28:18):
can have a surviving spouse. Itake less money and then there's two of
us. If I die, shewould still get pension for the rest of
her life until she dies, andthen it dies. There or any combination,
So that didn't make a whole lotof sense to me at all.
Hi, Lisa, welcome, Hi, Hi, Hi tell you yes,
(28:42):
sure or yes ma'am? What canI do for you? So I'm calling
in reference to how do I keepmy sister from contesting the trust? So
I'm the trustee, and then mydaughter is the second trustee. She is
mentally ill, she has kIPS,a prenty of paranoia, so she's causing
a lot of problems. Right,Okay, let me ask when you say
(29:03):
you're the trustee, is she asuccessor trustee or are both of you trustee
simultaneously? Only me trustee and thenmy daughter is second trustee? Okay?
And who's and and who and andwho is contesting it? Your sister?
Yes? What is she saying?Contant? What for? What? On
what basis? When I asked herfor what, she won't answer. Then
(29:27):
she's got letter? Is she tellingyou? Is a lawyer involved in telling
you we're contesting? No? Sohere's what she said. She first turned
me the facility that took care ofmy dad in Clearwater, Florida. She
said they euthanized my father and thatI was a collaborator. Okay, who's
(29:47):
she's saying? Okay, Okay,Okay, Lisa, who did she say
that to? Who did she saythat to? She turned it into defects?
Okay, and what did they do? So two and fifty pages went
from the facility to the state andeverything's already been thrown out. Okay,
So that's done. So she cansay she evershew whatever. She can say
(30:08):
that you have sex with an alienand then the child is not yours or
it is yours and you're responsible.She can say anything she wants. She's
crazy. Yeah, she's crazy.So what is she threatening? So what
is she threatening? Can test youthrow out the entire She's not gonna do
it, Lisa, on what basisshe's Okay, So first she tried that
(30:29):
because she heard from the Florida Probatethat she could if she found me a
criminal. Okay, and you're nota criminal. Okay, So now what
So now she's saying she's still goingto go after me for criminals thing I
took funny up. So what forwhat? She has to prove it,
Lisa, she has to prove it. She has to come in. I'm
sorry, we paid his bills I'veonly paid his bills out of his lik
(30:51):
Lisa, why are you arguing ifshe calls you a giraffe? Are you
really going to say, I'm nota giraffe? And here the reasons I'm
not a giraffe. And let's lookat giraffes and you see they have four
legs. I only have two legs. Are you actually gonna get into an
argument with this? Come on?No, let her get an attorney.
(31:14):
Let her get an attorney. Noattorney's gonna take it unless she's got money,
and I mean big money to contest. Come on, Lisa, that
is a ludicrous question that you wouldask me. Are you really running scared
that your schizophrenic, crazy sister isgoing to be able to do anything to
you? As trustee? You're makingme feel so much better. No,
(31:37):
I'm making you feel stupid is whatI should do. No, No,
you shouldn't feel better. You shouldfeel like a moron. Okay, okay,
good, excellent. That's where wewanted to go. I've been telling
you about Zellman. Oh before Igo real quickly, before the Zelman spot,
I want to tell you that Iam still taking phone calls right after
(32:00):
or the show off the air.Uh and uh. So those of you
are on hold, stay put.I'll still get to you and you can
still call, and I'll continue todo this off the air for half an
hour forty five minutes, so youget all of your questions answered, and
I go through them very quickly.No brakes will be right back, I
(32:21):
mean zip right through them. Andthe phone number is eight hundred five two
zero one five three four eight hundredfive two zero one five three four.
Now let me tell you about Zelman'sMinty mouth Mins. And I've been doing
this for months and I don't knowwhy you haven't ordered any yet. This
is not just a mint way beyonda mint. It's a tiny little capsule
(32:43):
that you swallow. Here's my packageof Zelman's Minty Mouthmans, which I always
carry with me. And by theway, I am naked. I don't
even want to go to where Igot this from, but they're always with
me. Zelman's Minty Mouthmans. Youpop two or three in your mouth,
you suck on the MINTI coding,and then you swallow the capsule for fresh,
(33:04):
clean breath that lasts literally for hours. You can also bite into them.
That works, and it doesn't justcover up your breath, way beyond
that, it cleans your breath andthe way other men simply can't. They
don't. Zelman's goes into your gutand really goes to work. Money back
guarantee. I've never seen anybody useone, and free shipping if you buy
(33:25):
multiple packs, I know you're gonnawant multiple packs. That's Zelmans z E
l M i n S. Whenyou use the code HANDLE, you get
fifteen percent off at checkout. Sogo to Zelman's dot com and take advantage
of the fifteen percent Zelman's and thecode is HANDLE at checkout Zelman's Z E
(33:45):
l M I n S zelmans dotcom. This is Handle on the Law.
You're listening to Bill Handle on demandfrom KFI AM six forty