(7/06) HOTL Hour 1

Handel on the Law. Marginal Legal Replay.

Episode Transcript

(00:00):
You're listening to KFI AM six fortythe Bill Handles show on demand on the
iHeartRadio app. This is Handled onthe Law Marginal Legal Advice. Here,
I tell you you have absolutely nocase. If you're injured and need a
lawyer, go to Handle on thelaw dot com. And if you're a
lawyer and want to join our teambecause people desperately need your help, go

(00:24):
to handle on the Law dot comand click on the join today tab at
the top of the page. Thefollowings up pre recorded program. Before I
dive into the story, I wantto share something that I just saw on
the computer screen where the phone callscome up prior to my show here in
Los Angeles on my home station KFI, there is a host. His name

(00:47):
is Dean Sharp, and he's justgreat at what he does, really really
good. He is a sort ofa do it yourself for he's a home
designer. It was a contractor,and this show is about helping people with
their homes and the roofs and advice. And I got to permit, do
I need one or my contractor screwedup? Or what kind of roofing should
I do? I mean anything involvingin the house, and he is way

(01:11):
too nice. I mean, Ithink he's phenomenal, but he's way too
nice. And what we want todo And I just thought about this when
one of his phone calls was stillon the board and someone had called in
and he didn't have time to answerthis. I wish I was able to
do it if we kept him onis how what's the best way to plant

(01:33):
a tree? And you know,other than roots down, leaves up?
Hey, thanks very much for thephone call. Where do you go with
that? Dean, on the otherhand, would have spent time with this
person who had a hard time understandingup and down. Just I've got to
do that. And we also havethe here again on my local station on

(01:57):
Saturday morning. It's also syndicated TheJesus Show, where we have one of
the radio personalities is Jesus answering questions. And you think it'd be blasphemous,
it's not. He is a realscholar in the world of the Bible,
and he is a Christian and itis as Jesus as if Jesus had a

(02:21):
radio call in show, and it'sdone very respectfully, and he gives spiritual
advice. And I've often asked tofill in. Please please let me fill
in so I can give marginal spiritualadvice. I mean, he gets people
that are suicidal who want advice andthey won't let me fill in. Jump.

(02:42):
You're taking way too much of mytime. Just jump off the damn
building and let's get it over with. They won't let me do it.
Oh okay, let's go ahead andmove on. And our phone number here
eight hundred and five to two zeroone five three four if you want to
call eight hundred and five to zeroone five three four. Supreme Court just

(03:07):
came down with a case. Thisis a very conservative Supreme Court, as
you can imagine, and this camedown a few days ago. And what
the court said is that people whohave their cars seized innocent owners of cars.
You've loaned your car to a friendwho then is committing a crime.
You've loaned your car, or you'vegiven your car to your child who goes

(03:30):
out and does something, is caughtwith drugs in the car, and then
there is something of not only thisperson arrested, but also the car seized,
and you get to go in frontof a judge just on the seizure
issue. I'm innocent, I wantmy car back. Well, the court
said that the constitution requires a timelyhearing, but not an immediate hearing.

(03:58):
You're gonna have your hearing, butyou can't walk into court the next day
and say I want my car back. And this is this is tough for
people who have had their cars seizedby the authorities legitimately, but they should
also and do have a chance togo, Wait a minute, I'm innocent
here. I had nothing to dowith this. It was the driver who

(04:19):
I innocently loaned my car to oryeah, basically not said I loaned my
car. I had nothing to dowith this. And the court said,
yeah, you get your hearing,and you need a separate preliminary hearing to
determine. Nope, you don't.And so it was the court coming down
six to three in favor of theauthorities. It's a very conservative court,

(04:44):
to say the least. All right, oh, do we have a let
me see do I take just Steve? Let me try Steve. I know
you're talking, but we're sort ofshort of phone calls here, Steve,
are you there? I'm here?All right? What can I do for
you? Steve? I wondered ifI could if I signed the fee waiver.
I have a case going superior courtcivil accident. Can Can I get

(05:10):
the court to pay for the deposition? No? No, courts don't pay
for depositions unless you have a criminalcase, and even then you don't do
depositions in criminal case. But youhave to be destitute to get any help
from the court. Once you doget help, you assigned a lawyer.
Then there the lawyer can do allkinds of things that the state pays for,

(05:32):
the county pays for. Not ina civil case, no way,
you're on your own. Were youinjured? Yes, well yes, but
it was it's a messed up casebecause they said it was my fault,
but it really wasn't. Okay,So you go to court, you go
to trial on it, and whodo you want to depose a witness?

(05:53):
Yes? No, well you getto pay for it. How much would
it cost for say a half hourthe minimum it's a four hour minimum,
and it's money. It's probably gonnacost you, you know, ay,
twelve hundred bucks, maybe fifteen hundreddollars. Also, do you know you
don't know the questions to ask?That's true. Yeah, so you're gonna
guess I think there's a minimum fourhours. Yeah, oh man, Yeah,

(06:15):
I think so, because you're you'reyou have a court reporter you have
to pay for and maybe half aday is the minimum and there are several
hundred dollars an hour. Yeah,and you can and you're not gonna do
it on your own because you don'tknow the proper questions. So yeah,
you don't want to do it.So yeah, you're a little bit over
your head on this one. Uh. This is handle on the law.

(06:41):
Welcome back or handle on the lawmarginal legal advice. Hi, Terry,
you're up. Welcome to handle onthe law. Good morning, Bill,
Yes, sir, thank you realquick. Okay, I was gonna act
you that twenty nineteen Okay, Ihad by surgery Knights surgery. The case
was supposed to be. The policythe guy had was for a million dollars.

(07:04):
My lawyer said, we're going togo after his assets too. Okay,
fast forward till now he's telling methat let's just settle for fifty thousand
because your medical took up all ofthe money. And I don't want to

(07:25):
do that, ol my brother fiftygrand Yeah, okay, So if you
settle for fifty thousand, you getnothing, basically, So that's not a
good idea. Now, if I'ma little concerned about your lawyer, well
I'm a lot concerned about your lawyersaying at first glance, we're not only
going to take that million dollars,We're going to go after or we're going

(07:46):
to ignore the million dollars and goafter assets. Because if even if you
settle for a million dollars, you'redone, that's it, finish. You
don't go beyond that. You haveto waive any additional damages. I got
to tell you somethings really weird aboutthis lawyer. One of two things are
happening. Either the case really sucksuh and or this lawyer just doesn't want
to go to trial. Uh.That's the bottom line, and it's uh.

(08:09):
And if you're going for these kindsof damages, who hit you?
Or tell me a little bit aboutthe accident. Okay, a guy hit
me his insurance's state farm. Andlike I said, the initial of all
the way, for years it wasokay, the million dollar policy are okay?
Is it a million dollars? Andthat's kind of a you know,

(08:31):
high figure. Is it five hundredthousand a million, five hundred dollars per
incident for a single incident, multipleincidents, or multiple defendants, multiple victims,
it's a million dollars. That's abig, big policy. Yeah,
because the guy was well off.So I'm not sure all of the details
of how how that, but Ijust know he said, we're gonna okay,

(08:54):
yeah, we'll ignore that. Ignorethat. You're your lawyer is completely
blowing. Oh yeah, settle forfifty thousand dollars. And by the way,
you get nothing. You've got thewrong lawyer. It's that simple.
So you go to another lawyer.That's for starters. I'm just a little
confused as to yeah, well it'smore than a million dollars. There's insurance
and we're going to take fifty thousand. Something's really squirrely about that, right,

(09:16):
But when I try to call otherlawyer's bill, no one want to
take the case because it was twentynineteen and I'm not stilling. Well is
toy? Yeah you filed the lawsuit, I'm assuming already, right, Yeah,
okay, so you're fine, You'refine, You're fine. I don't
understand. Go to the website,go to handle on the law dot com
you'll talk to a lawyer, theguy who runs it, who's a very

(09:39):
very fine personal injury lawyer, andhe'll just give you the advice. He's
not going to hustle the case.That's not what he does. He does
help people just say hey, yeah, you're okay, or no, your
lawyer is maybe not the lawyer youwant. That's the way I see it,
wrong lawyer, because if you're goingfor a million dollars or war,

(10:00):
you're talking about a state farm,let me tell you they're going to throw
everything they can at you. Becauseremember it's uh, it's his insurance company.
You're going after, well him,but through the insurance company, and
they're defending him. And if you'renot going to take the million dollars,
which is kind of bizarre, theydon't take a million dollars, and it's
kind of you know, no,well we we no. I don't want

(10:24):
to say we didn't want to takethe man guy. I said, That's
all he was saying before. Andthen just two weeks ago he say,
oh, let's not go with thatbecause the guy ended up dying two years
ago. And I say, oh, we can't cross examine him, so
we might just you know, what. I don't know enough about that because
that becomes problematic when people die onyou. And so here's why I want

(10:46):
you to go to the website,go to handle on the law doct okay,
and just ask the question, here'swhat's going on. We're supposed to
go to mediation on Tuesday. Stopeverything? Question? Yeah, stop stop
everything, stop everything. Call lawyeryou want to you know, you want
a continuance before you go on withthis lawyer. It just sounds too squirrely

(11:07):
to me. And there's nothing wrongwith getting a second opinion. And if
it's a bad lawyer, you switchlawyers. I mean, people, don't
you have a hard time understanding thelawyer is your You're the client. You
control it. Lawyer works for you, and you can fire a lawyer all
day long and there's not much theycan do about it. Now. I
don't know what business you are in. You have no idea, But I'll

(11:28):
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(11:52):
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(12:15):
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This is Handle on the Law.You're listening to Bill Handle on demand from

(12:37):
KFI AM six forty Hand on theLaw Marginal Legal Advice where I tell you,
whatever your name is, you haveno case and hopefully if I'm lucky,
ruin your day. Sally, Hello, Sally, welcome, Hi,
thank you listen. My husband diedlast November and he left me a vote

(12:58):
in Marina Delray, which I donot want. I found a buyer for
the boat. The terms of theagreement was he would make monthly payments for
me and also monthly money towards theslip rent, and I allowed him.
I gave him permission to go aboardthe boat when I wasn't there because I

(13:18):
lived ninety minutes away. Go ahead, if you want to check on the
maintenance, start the boat that's doinga favorite to me. In the meantime,
the marina informed me, in nouncertain terms that the leaf agreement I
have with them is that no oneis allowed on that boat unless I'm present
there. I didn't know that,and they threatened me with like a thirty
day notice if I don't comply,and this is of course I will comply

(13:39):
because I want to stay there.In the meant I wrote the buyer an
email stating the facts that came fromthe marina, and he has another boat
in the marina, so he's finnedthe same kind of contract I have with
them that he and I will goout of my way to if he lets
me, knowing the months to bethere, I will come down. He
can check out the boat that he'sbying blah blah blah. But he just

(14:01):
kind of went off again and wroteme back and said, I've purchased the
boat. It's my boat. Iown the boat. And if I can't,
whose name is it, Sally?Who is titled to the boat?
Me? Well, how about okay? So he is now claiming that he
owns the boat. How about this, I'm claiming I own the boat.

(14:22):
Now there are two of us whoare saying we own the boat. Do
you have a house, by theway, do you do you own a
piece property? Yes? I do. Okay, let's throw that in the
mix. I own your property.Get off of it. Gee, I
don't care if it's in your name. I just own your property. What
I would do is if he's onthe property on the boat, just say

(14:46):
get off my boat. And ifnot, I call the police. You
are trespassing, and you call thecops and you tell the marina exactly what's
going on, and you throw himoff for trespassing, and you let the
marina know you've got a trespasser.What what he what? Evidently he has
done? Now I was notified y, just because I was going to go
down to the boat today that hehas locked the boat up, locking and

(15:09):
just stay then unlock it. Geta locksmith and unlock your boat. Okay,
it's your boat. It's your boat. And then you see him a
small claims court for the cost ofhim locking up your boat, don't I
don't know how much of how muchis a locksmith cost a couple hundred bucks
to undo the lock yees? Probably? Okay, I'll hire a locksmith and

(15:31):
you you go there and you sayto him, I mean, if he's
there, I'm calling the police rightnow. You put in a complaint,
You let the marina know and sayI expect security from the marina. This
guy is he shows up on myboat, he is trespassing. I mean
the fact that he's claiming I mean, come on, really, I mean
it's in your name. You ownthe boat. You got a clown who
is saying I own it on whatbasis? Just I own it? So

(15:56):
what happens with his contract? Ifhe says I'm not paying this anymore,
you can sue him on that one? Is that small claims court? Yeah?
Well, it depends. It's howmuch money you're paying. You know
the contract is breached. How muchmoney does it cost? I mean,
you can't hold it in perpetuity.So the contract is basically over and you
pay him for whatever damages. Youfigure out how much until he left,

(16:18):
how much is he paid, andhow long does the contract run? And
you know, it just says forever, have to I have to pay him
back. No no, no,no, no absolutely not no no no
no no no, you sue himfor the rest of the contract. No,
you don't pay him to let himlet him sue you. That's the
way it works. Yeah, you'refine. I just I love that.

(16:41):
Oh good, isn't that terrific?Maliah or Malayah? Hello, yes,
yeah, hi. I have aquestion about a fertility clinic that tossed out
the embryos that were fertilized after weused one of three in an attempt for

(17:07):
a pregnancy that it failed, okay, and we decided we would use the
other two and they said they werediscarded. Ah, okay. Let's look
at the original agreement you made withthe fertility clinic. You signed an agreement
that said, we keep the embryosand we'll pay for the storage. You

(17:29):
can discard the embryos, or youcan donate the embryos, and that has
to be in a written agreement.Was there anything written at all when you
hired the fertility clinic? No,only the storage. Oh yeah, you
got them. It's a good lawsuit. Oh yeah, yeah, yeah,
it's a very good lawsuit. Andwhere do you which state? You live

(17:52):
in? Arizona? Hmm, okay, I don't know the laws of Arizona,
California. There's no issue is propertybased, although there's all kinds of
emotional damage. There's some big,big lawsuits. Uh. And then states,
So what is it Alabama? Maybeit's Arizona where they said embryos are
people and you have a wrongfull deathaction. You can sue them for killing

(18:15):
your child. Although that's not gonnafly clearly. I think the I believe
that the legislature unraveled that. Sothat's that's the extreme. But no,
you've got a lawsuit. I mean, there's no question its negligence. I
mean two frozen embryos that are viableand ailed a failed in vitro at tempt.
Yeah, that's a good lawsuit.And then it gets really interesting and

(18:40):
your case, the value of yourcase goes through the roof. If you
can't produce any more embryos, thenit becomes fairly astronomical. Yeah, it's
time for you to certainly get alawyer on this one. Mollia. Absolutely.
Now, I don't think I havestrangely enough, even though I did
this kind of law and I hadmy surrogacy age and see and this is

(19:00):
exactly what we did, id forbid. I actually know what I'm talking about
on this one. Calendar this Uh, this is the first time and I
don't know how many years I gota call where I actually know the answer.
It is, you want to geta lawyer who specializes in third party
reproductive law. And all my contactsdisappeared years ago. So look up reproductive
lawyer, reproductive law lawyer. There'sa ton of them out there. Uh,

(19:22):
there have one. There have beenones that have sued under these exact
circumstances, and you want to lookthem up. It's mainly just research here
because there are a few. Butthey have nailed IVF clinics for this.
It is not a small case.Yeah, it's a big case. Woo
Robert, Hello, Robert. Yes, my question is, sir, is

(19:47):
in two and twenty one I wentin I had a cordiac arrest at the
hospital and Robert, you got toyou got a cardiac arrest at the hospital.
Do I have that right? Yeah? Okay, got it? Okay,
when when I was visiting a friend, okay, to happen to happen
to have a defibrillator. So thatjust makes it even the story even more

(20:07):
funnier, just that I throw itin. Yeah, I know it's hilarious
when they bring you back to life. I know, it's just wonderful.
All right. So what happened?Okay? So, uh, like I
said, twenty twenty one in July, I go in there, I have
a cardiac arrest. So they keepme for thirteen days and they figure out,
okay, I have problems. Sotwo days later they put a loop
recorder, which is a heart monitor. Okay, then they realized that they

(20:33):
should have done that. The twocardiologists are arguing amongst each other, so
now they put a pacemaker in me. In between the loop corder and the
pachmaker. They couldn't do nothing becausethey they caused two blood cloths right under
my heart, so they couldn't donothing, So I had to wait a
little a couple more days. Thenthey put the pachmaker in and they messed

(20:53):
up on the lead. The leadwire that goes underneath my heart, the
lead wire to in that didn't takeso well. So once they realize that
they couldn't do nothing, they say, oh my god, Okay, well
just gonna have to wait because there'sno beds available with this COVID. It
was just you know. So finallywhen he went in there to do it,

(21:14):
they realized he couldn't do it becausenow they couldn't fix it because what
happened was a skin of tissues justlike welded itself in there. Okay,
they had scar tissue, all right, and so I'm assuming in the argument
had they done that timely, youwouldn't have had you been able to put
the lead in and had a pacemakerthat works. Do I have that correct?

(21:37):
Yes? Okay, and you're stillalive. I'd be far better if
you were calling me and you weredead, I'd be a much better case.
I mean, it's difficult they actuallyhave conversations with dead people. But
we tend when it's a really goodcase, we tend to stretch stretch that
concept here. I mean, obviouslyyou're going to talk to medical malpractice attorney.
However, let me tell you whatissues you're facing. One is this

(22:00):
happen? Number two, would younot have had this problem had they done
it at timely? And from whatyou tell me, the fact that the
lead came out of that area happens, that may not necessarily be negligence.

(22:21):
That's you have to prove they didsomething wrong. And there is a percentage
of leads that go in that don'twork without them doing anything wrong. It's
just one percent, two percent,three percent, whatever it is. And
you signed a waiver. You said, oh yeah, I'm willing to take
the risk. Now you can't signoff on malpractice and so you know,

(22:45):
and by the way, are yougoing to die? How are you?
I mean, you know how badlyare you screwed up? Can you not
walk? Do you you get dizzy? Do you fall down? What are
the medical complications of what happened toyou as a result of all this?
There's like clarity is not there anymore? I had to stop working all they

(23:07):
got some damage? Right now,you have to prove that's as a result
of what happened. But okay,I mean it's certainly worth the phone call
to a medical malpractice attorney. Sonow okay, I'll buy that there may
be something there and yet I gofor damages, you know, because oh
trust me, hospitals and doctors theydefend these things till the end of the

(23:29):
world. They don't just roll over. This is not just a small pi
to return to handle on the law. Marginal legal advice. Tom, Hello
Tom, Hey Bill, how areyou doing? Yes, sir, what
can I do for you? Questionfor you? Back on nine to eleven.
As you know that there was alot of chemicals in the air right

(23:52):
after the fact, and then afterthree days the EPA or the en Environmental
Protection Agency declared that the air weresafe to breathe in the area at ground
zero. One of my family membershas stage four cancer and respiratory. Wow,
major problem. Who I'm assuming whowas there at nine to eleven?

(24:12):
Correct, Yeah, he was.He was about he lived ten blocks from
ground zero? Okay, got it, and so he breathed that here.
And now what kind of cancer doeshe have? Well, I don't know
how much you know about it,but there was tritium man burium found in
the water around the Yeah, Iknow there's a big issue, but I'm
just curious as to what kind ofcancer he has U respiratory? Okay,

(24:37):
Well, he's got un cancer.So I was thinking about a class class.
No, now he's not going todo a class Now. First of
all, there probably is a classaction suit already out there. And here's
the problem is, I don't knowif anybody can sue. Certainly people who
were affected, there was a manybillions of dollars fund that was distributed,

(25:00):
and certainly for first responders. Idon't know how far it went for anybody
who was affected. If I'm tryingto remember, you know how far that
went. So you have to findout if lawsuits can even be filed.
And so that's one. But asfar as the class action lawsuit, believe
me, he's not alone. Thereare plenty of people who are going to

(25:22):
make that and probably legitimately make thatclaim and make that argument. But you
don't just start a class action lawsuitfor you know, from nine to eleven.
That doesn't work. I mean,you're going back twenty three years.
No, So he's got to findout what lawyer is out there, what
law firms. You know, himstarting a class is crazy years ago?

(25:47):
Oh wow, third, that's right, that's right. Yeah, So it's
you don't just come back and thenyou have to connect. You have to
connect that, but that's what thelawyers do. But the bottom line is
no, just do the research,find out and it's easy. Yeah.
Literally, you just google lawsuits nineto eleven cancer and put the drug and

(26:11):
the chemicals there and that's that's theway to do it. Yeah. You
don't start class action lawsuits. Absolutelynot. Oh Julie, Hi, Julie,
welcome. Hi. Alrighty. Somy mother recently passed away and her
state wasn't a trust, okay.So we were going through her effects and

(26:34):
I found some stock certificates. SoI took those certificates to my brokerage to
try and deposit them, and theytold me I needed provate information from the
court in order to deposit. Yeah, yeah, that makes sense. All
right. Let me ask you twothings. Here's a couple of questions I
have to throw at you. Numberone, were those stock certificates in the

(26:56):
trust? Yes, they were inthe trust in her name. They are
in her name, but the trusttransfers her estate, which is everything.
Okay, So the trust is thebeneficiary. So who is the trustee?
I am? Oh. Then yougo in and they're they're they're wrong because

(27:18):
you are the trustee. The trustsays that you're distributing the trust. The
property is owned by the trust.In other words, the stock certificates belong
to the trust. So it's they'renot in your mother's name. It's the
trust that owns them, and you'rethe trustee. Here are the documents.
Here's her death certificate. And you'recrazy. How much money are we talking

(27:40):
about? Oh, these stock certificatesare quite old, probably forty years.
That doesn't matter. It doesn't matterhow what is the value of those stock
certificates? Now we don't know?All right? Well, first of all,
I would get a praise. I'dget it a praise. Just find
out, you know, you callit broker and you go, you know,
I've got you know, GM stock. It's forty years old. Here

(28:03):
are the number of shares I have. What's it worth? You know,
what's it worth on the market.It doesn't matter when you bottom So that
one doesn't make a lot of sense. I you know, if it's if
it's substantial money, it may beworth to hire a trust and a state
lawyer to start handling that. Andthe estate pays that, by the way,
the trust will pay that. Soget ye to a trust and a

(28:26):
state lawyer. That's where you goon this one. It doesn't make a
lot of sense for them to dothat. You've been hearing me tell you
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(28:51):
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(29:32):
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listening to Bill Handle on demand fromkf I A M six forty