(7/06) HOTL Hour 2

Handel on the Law. Marginal Legal Replay.

Episode Transcript

(00:01):
You're listening to Bill Handle on Demandfrom kf I AM six forty. This
is handle on the Law marginal legaladvice, where I tell you you have
absolutely no case. If you're injuredneed a lawyer, go to handle on
the law dot com. And ifyou're a lawyer and want to help our
listeners, please go to handle onthe law dot com. Click on the

(00:23):
join today tab at the top ofthe page. The followings up pre recorded
program. Let me tell you aboutFlorida. And I'm looking at this story
out of USA today, and youknow, I've always thought Ron DeSantis,

(00:43):
the governor, is kind of alittle bit, you know, he's over
the edge when it comes to kindof crazy and political. So here's what
he just signed a bill, andthat is the bill that Florida becomes the
first state to outlaw the manufacturer anddistribution of lab grown meat, lab grown
beef. Alabama, Arizona, Tennessee. Notice their pretty red states have similar

(01:07):
bills cooking right now. So thebill bands lab grown meat also called cultivated
meat. It's grown from animal stemcells. I mean, this is genetic
stuff. And here is what Dessantassaid when he signed the bill, take
your fake lab grown meat elsewhere.We're not going to do this in the
state of Florida. And why doeshe not want lab grown beef, which

(01:34):
is science, It's real beef,by the way, is just created out
of stem cells. Because we nowhave the ability to do that well,
protecting cattle ranchers and quote the integrityof American agriculture. HM. Fair enough.
Now, lab grown meat, bythe way, doesn't use much water,

(01:57):
certainly isn't You doesn't us much land, very little or feed or grain.
I mean, beef is a it'sa tough way to produce protein for
the amount of resources that it takes, enormous amount of water, enormous amount
of a feed, grain that hasto be grown, the manure, I

(02:19):
mean, all of it is prettytough. And right now it costs more
than three times as much to produce, but that's going to go way down.
It has the potential to reduce thecarbon footprint by ninety two percent,
land use by ninety percent, wateruse by sixty six percent. I mean,
when you talk about the environment,this makes so much sense. Now,

(02:44):
what is the reasoning that Ron DeSantis? This is where he went over
the edge. Quote, Florida isfighting back against the global elites plan to
force the world to eat meat grownin a petri dish or bugs to achieve
their authority tarian goals. Come on, please please. Our administration will continue

(03:07):
to focus on investing in local farmersand ranchers, and we will save our
beat that went out by you know, hey, say, you got a
politician who's very conservative, who wantsthe votes and the votes from ranchers and
people in the meat industry, whichis pretty big, are more important than
the people the elite, than thepeople who are pushing the lab grown meat.

(03:27):
That is a political choice. Iget that. It makes sense,
even though I'm on the other sideof that. But please, the global
elites plan to force the world toeat meat grown in a petrie dish to
achieve their authoritarian goals. Please please, I say, this is politics today.

(03:49):
It's completely insane, I mean,beyond insane. Let's go on and
take some phone calls. All right, Curtis, Hi, Curtis, welcome.
Hi Bill? Yeah, one second, Bill, Hi Bill? Can

(04:10):
you hear me? Yeah, butit's kind of yeah, you're not talking
loud enough. Are you want aspeaker? You're not on I'm not all
right? Well, yeah, justI talked louder. I'm sorry. I'm
sorry. All right, better,I've got a question for you. So
I want to know if I havea small claims case against a rental clock

(04:30):
company. Uh. I had anaccent in December last year, and they
sent me a quote for damages becauseI didn't have collision uh waiver on it.
Uh. So I'm using a creditcard to pay to make a payment
for that. So the credit cardis Automate made their payment. The rental

(04:51):
car company sent me a quote forthe damages. Then they sent me another
bill, and that bill was probablythirty five hundred dollars more than what.
Oh wow, do you have autoinsurance by the way, I did?
Okay, did you turn it overthe whole thing over to your auto insurance?
I actually would rather than not becausethey'll raise my rates. Yeah they

(05:15):
will. They're not going to raiseyour rates. Thirty eight hundred dollars or
what was the initial what was theinitial damage quote? The initial damage quote
was right around seventy five hundred dollarsseventy five and then they charged you ten
thousand dollars exactly. Yeah, whywouldn't you And you'd rather pay the seventy
five hundred dollars than turn it overto your insurance company. Cock do the

(05:36):
math. The reason being no,no, there was for a second.
The reason being is if if Ido turn over to my insurance company,
they're going to raise my rates.That's correct. Are they going to raise
your rates ten thousand dollars? No? Right, right? Do the math.
And by the way, when youlook at the original quote, I

(05:58):
guarantee as says, this is anapproximation, although in reality to be that
far off, they shouldn't have chargedyou that. Do you have a small
claims court? Did you dispute thecharge? I do, okay, And
you sent them the quote, I'massuming to the credit card company, I
have not since the quote because Idon't want to turn it over to my

(06:21):
insurance company. I'd rather pay iton my pocket. But wore no,
no, no, no to theno no no, Not to the credit
card company. I misspoke to Well, yeah, to the credit card company,
because they're the ones that paid.You're disputing the amount that was charged
by the rental company because they putit on your credit card, and you
are disputing it saying I don't oweten thousand dollars. I owe seventy five

(06:45):
hundred dollars. Look at the bill, look at my quote, and that
is my point. The quote saysseventy dollars. I understand. No,
no, get listen, Curtis,I get it. I'm not that stupid.
I get it. You did agood job of explaining it. I'm
telling you. The answer is youhave to dispute it. That's the only

(07:06):
way around that. Now you cansue. You can sue the credit card,
the rental car company for the thirtyfive hundred dollars in small claims court.
Yeah, I mean, you cangive that a shot. But you
better look at the contract that youhave with the rental car company. There's
a lot of small print on thereand you'd be surprised how little power you

(07:29):
have. But in the end,yeah, you can sue them for the
thirty five hundred dollars. And you'rea complete more on for not turning it
into your insurance company. Complete becauseif you lose, you're out ten grand.
So do you think they're going tocharge you ten thousand dollars more next
year for auto insurance? I haveno idea. My guess is no,

(07:49):
how much you pay for auto insurancenow? Curtis. Well, let's think
two thousands, So they're going tomove it to ten thousand dollars because you
had a collision. No, yeah, right, do the math. Yeah,
just turn over your insurance company.That's why, that's why you buy

(08:09):
insurance. Are all right? No, he doesn't get it. Brilliant Okay,
And as a genius, he probablywas on his way to a MENSA
meeting in his rental car. Thisis handle on the law welcome back handle
on the law bill handle here marginallegal advice where I tell you, whatever

(08:31):
your name is, you have absolutelyno case. Hello, Esther, you're
up. Wow. Yeah, Idon't been listening to you for years.
I don't tell me how many,because I'm done done with people telling me
since I've been you know, sinceyou know, like Kennedy was assassinated,
maybe half my maybe half my life. I don't do that. Don't do

(08:54):
that. Don't do that. Okay, not only half your life. And
you sound old is hell too ontop of that, so that's just what
I hate you. Oh, you'rewelcome, all right, Esther? What
can I do for you? Okay? Okay? We since twenty eighteen,
we've been receiving a bill from aregistered non profit mutual water company. We're

(09:16):
in the state of California, butwe're in a rural area up in the
Sierras in accounting north of Present Anyway. Uh in twenty eighteen, the people
that live in that area voted tohave this water company maintain their roads.
They have about four miles of roads. There's about one hundred parcels in that

(09:39):
home. Now we're we don't getwater from them. We're on a well,
our property doesn't bound you know,we're not connected to them boundary wise.
We live, they have a theyhave a You are not connected to
the area that voted for the maintenance. You have nothing to do with that.

(10:05):
It is a different district. Yes, Oh so you're just so you
could be one hundred miles away andit makes no difference. Yeah, okay,
got it right, all right,So what's your question? All right?
So they're sending you a bill,right, Yeah, they're setting us
the bill because they voted to there'sa side dirt road that we're on,

(10:26):
and the first half mile that we'reon, because we're only a tenth of
a mile from the county maintain road, we're on a public county non maintained
road. All right, so howhave you been paying this bill? No?
Okay, that is started in twentyeighteen, right yere okay, So

(10:46):
here we are six years later.You're still getting a bill? Is it
in collections? Yeah? Well no, it hasn't ever. They it's been
like this is the third time thatthey say, but they're not doing anything
about it. If they're not doinganything about it, why bother? Well,
that's what my question is. Myhusband's concerned that we've already sent them

(11:09):
a letter the first time in twentyeighteen that we got a BELLI all right,
I think I've been you or youcan just send them another letter.
Hey, per our letter of twentyeighteen, we don't owe the money.
We're not in the district. Wehave nothing to do with you. It's
been a pleasure. Oh that's saidone more letter. I wouldn't worry because
if they really thought you owed themoney, they would have gone after you

(11:30):
by now. There's oh okay,yeah, and so I at this point
I wouldn't worry about it. Youlive in a well. I don't know
anybody who actually has a well.Do you have to filter the water,
because aren't there all kinds of cootiesin the water. No, because our
well goes down almost thirteen hundred feetand granted, wow, and did you

(11:50):
dig? Did you dig it?Uh? No, it was already dug
before we bought. Okay, that'scool, all right, you got it
anyway? Yeah, another letter works? Sure? Why not? All right?
Sherman? Hi, Sherman, goodmorning, Bill. I rented a

(12:11):
trailer on a piece of property andthe owner and I became really good friends.
And like I said, twenty fiveyears nine years ago, he was
diagnosed with a bad disease. Andthis is at the VA. We're both

(12:33):
bets. So about a year intoit, he signs me on as his
next akin with the VA. Thatway I can deal with the doctors as
far as d the DA lets youdo that and put you down as Mexican,
and then you have the power that'sthere. So what's your question,

(12:54):
Sherman. Okay, So it wasa month and a half ago. He
fell out of his chair. Theycalled nine one one. They put a
pacemaker in and put him on oxygencenter him to a rehab center. Okay,
so he's a mess. Okay,Yeah, and so two about two
weeks after being in there, outof the blue one day says I want

(13:18):
you to be my power of attorney. Okay, so I said, okay,
I got a notary public. Hecome down. I his driver's license
is expired. He aspired on threetwenty. Okay, Truman, we gotta
we gotta wrap this one up.I don't have much time. I'm sorry.
The state would not accept the twoIDs. Ah, I see,

(13:41):
okay, but he can get allright because expired. Okay. Then then
what he gets to do is ishe able to Can you drag him into
a Department of d MV office?Did that two weeks ago, and they
have Have they gotten a have yougotten? Have you gotten the idea?
Have you got in California? Id yet? No? All right,

(14:01):
Well go in there, call themup and say I need it. This
guy's dying. I have to makedecisions. That's the whole problem. And
it's not a problem. It justtakes too much time. You got to
go in there, make an appointmentwith the DMV and say, hey,
I got a real issue here.Matter of fact. Are you remember the
auto club? Yes, they'll helpyou really yeah. Yeah, go to

(14:26):
the auto club. If you rememberthe Auto club saying I need some help
you know. I mean they'll theyhave connections. I don't know if they
have to need to do with thedriver's license or the ID that probably is
the DMV, but they'll at leastgive you some ideas. I went in
doubt you'd be surprised what the Autoclub could help you with. Last week

(14:46):
I called him asking for a cornbreadrecipe and they said, yeah, here
it is. I need to seeyour triple A card. It worked out
fail, it worked out fine.Hey, let me tell you about cyber
thieves, and it's all of usgetting nailed here. They commit silent crimes.
It happens in the dark. Someoneuses your name information online. You
don't even know what's happening. Andyou know when you find out your credit

(15:09):
card bill shows up with all thesecharges that you didn't charge. Cybercrime,
identity theft literally affect our lives everyday, or certainly will, because it's
a question of simply when not ifyou got to protect yourself. So let
me suggest LifeLock twenty four to seven. Online systems monitor billions of online transactions
looking for evidence that your information isbeing used illegally. I mean, that's

(15:33):
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and they immediately assign a dedicated USbased restoration specialist to help you unravel it.
That's LifeLock. Join save twenty fivepercent off your first year. Use
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(15:58):
you call eight hundred LifeLock or LifeLockdot com. Use the promo code LifeLock
dot com or call eight hundred LifeLock. This is Handle on the Law.
You're listening to Bill Handle on Demandfrom KFI AM six forty. All right,
back we go more Handle on theLaw Marginal Legal Advice. Hello Clark,

(16:22):
you're right, welcome to the show. Terrible morning, sir, terrible
morning, sir. You're able toruin my day even worse. Excellent.
You've been listening for a while,Yes, sir, what can I do
for you? Okay? February sixth, last year, I fell in compound
fracture right femur ooh on the eighth. I had a surgeon in the hospital

(16:47):
put that little little thing in thereto support it. Okay. The first
X rays we saw that there wasone screw that was maybe a quarter of
a way back out, and evento my untrained eyes, the bone did
not look aligned. In July oflast year, I had a visit with

(17:11):
a orthopedic reconstruction surgeon. He wentin completely redid that surgery. And I'm
still having problems with uh left byright tie because it was inacting for so
long. I've got that ugly bugcalled at trophy in it. Okay,

(17:34):
do I have a chance? Yeah? No, that's a good question.
Yeah. I think it sounds likebased on what you said, is uh,
you have a medical malpractica practice caseas against the first surgeon. Uh?
Now correct? But here here arethe issues? Okay, these cases
are not that simple. I meanI wish he had just taken off the

(17:56):
wrong lead. Uh, those aremuch more simple. Hey, I supposed
to go in on the right lege. You took off the wrong leg.
Okay, those those are reason allright? So here are on the left
leg not the right leg? Yeah, okay, So here here are the
issues involved, and that is didhe malpractice? Is it one of those
things where he did what a reasonablesurgeon would have done, even though another

(18:22):
surgeon disagrees that is a procedure thatis in the realm of reasonable, reasonable
medical procedure, even if it didn'tgo it didn't work. For example,
the the screw. Let's say thebone didn't take the screw. Okay,
let's say at that point the boneis weak and the screw didn't take and
the screw came out. Now I'mjust throwing things out. Obviously I'm not

(18:45):
a doctor, even though I playwhen I'm ready, I understand. So
I don't know the answer to that. Now, if the second surgeon who
did it tried to fix it,all right, and it comes back and
it wasn't fit, this is theguy you want to testify against the first
surgeon, And it's it's a prettycomplicated case, and it has to do

(19:08):
with the duty of care, anddid the doctor basically screw up the duty
of care? Number doctor number oneanother. And by the way, it's
depending where you live. Interestingly enough, if you're in a little rural hospital
where there's a surgeon who doesn't havea lot of experience, the duty of

(19:30):
care for someone like that is notas high as in a major center in
a major city where the expertise hasto be much greater, which is why
you don't get surgeries like that.You know, Buffalo ass Yoming, you
know, you go. The communityin which this surgery was done is about
two hundred thousand. Ooh okay,and that's a big, big issue too.

(19:53):
You obviously have to talk to amedical malpractice attorney to see if there's
anything there. I mean, there'sno way. Yeah, you can try,
try to go handle on the lawdot com. Usually it's personal injury,
but it's close enough where a referralcan be made because you definitely at
least have to talk to a medicalmalpractice attorney. And then the whole issue

(20:18):
is going to be duty of care. Did he screw up? Is it
within reason what he did? Wasit your body reacting negatively? Which does
happen? There are a lot ofissues there. Yeah, go to the
website and give that a shot.Nonette, Hello, Nonette, welcome,
you're there. Oh, this isbad. You're listening to the radio,

(20:40):
Nonet, and you can't do that. You have to listen on the phone.
All right, I'll putting a neton hold and you got to tell
her that and if she blows itagain, she is completely done. Jerry
Hi, Jerry Hi, Yeah,my wife, my wife passed away recently

(21:03):
and left me with some credit carddebt. I didn't even know about this.
Uh huh, it's the old creditcard debt. And how much credit
card debt? Did she leave youwith? Little over four thousand dollars.
That's not horrible, you know,I mean, that's not enough when you
find out, you're gonna kill heranyway. So okay, so she leaves
you with four thousand dollars, andyour question is my question, is am

(21:27):
I legally responsible? That's a goodquestion, and it's not that easy usually,
am I legal? Responding? Now? You're not? Now in your
case is different that you didn't evenknow about the credit card debt when she
applied for credit. Did she putyour income as part of her credit?

(21:49):
If you will her request for credit? Do you know? I have no
idea. Yeah, you got tolook at that, because here's what the
credit card company is going to do. They're going to go after you or
try and say this is a communitydebt because you were married at the time
and therefore you've got to pay.Your argument's going to be it had nothing
to do with me. I didn'ttake the card out. She did it

(22:14):
on her own. You gave herthe card on her own and I didn't
sign anything. It's sort of awobbler for four thousand dollars. Are they
going to go that far? Idon't think so. The problem you're going
to have if you don't pay it, they may ding your credit and so
yeah, is that worth it?Well? Still four grand's four grand?

(22:37):
So me and will negotiate with them. You may one of you a payment
plan. I mean, they'll talkto you, especially if you say I
have no money. You know,I'm broke. They did a credit report
on you, Jerry. Do youhave money? Yeah? I do.
Yeah, Well, okay, thatdoesn't help. I'd rather have you live
in a dumpster when you made thatphone call. That'd be a little easier

(22:59):
for you. Yeah, they're gonnago after you, and you're gonna argue
it. You're gonna argue it andwe'll see and you go, let's go
to court. But you don't wantyour credit to be ruined. That's the
problem. That's the ammunition these bastardshave, because in the end, you
can have a legitimate dispute you wouldwin in a court of law, and
they've ruined your credit. Yeah,And so that's the problem always. Yeah,

(23:23):
you gotta be really careful now nowif it's not you at all,
if it's a child, for example, or your sister or your aunt or
your mother. I get those questionsall the time, saying, g am
I responsible for my mom's dad.No, you're not not at all.
And if you get your credit dingedon that one, that's not good for
them. It's not good for thecredit dinger. You want to be the

(23:47):
dingee? Did that work? Sure? Why not? This is handle on
the law. This is handle onthe law marginal legal advice where I tell
you, whatever you're is, youhave no case and hopefully, if I'm
lucky, ruin your day. HelloTroy. Yeah, Bill, So a
while back, I bought a mooseheadand I wanted to sell it. My

(24:14):
wife this little mad that I'm fillingup the storage with a big old moosehead.
But yeah, I don't know ifI can even legally own it in
the state of California, much lessput it on the hood of my car
and try to sell it. Yeah, putting on the hood of your car
is kind of interesting because you knowthey do have those hood ornaments, and
you got admit, that's a statementwhen you put a stuffed moosehead on the

(24:37):
hood of your car. That isboy that I say a lot. So
it's actually a very good question.First of all, I want to congratulate
you. I very rarely get aquestion that I've never had before. I
mean, after doing this for overthirty years, you know, getting the
same question over and over again.Now the circumstances are different. That's what
makes the show fun. But gee, can I legally sell a moosehead?

(25:00):
Okay? First of all, ifit were an endangered species under State of
California law, you'd have to geta permit. Permits are not that hard
to get. They're really not.We're talking about displaying, I mean,
and we're not talking about hunting.That is a whole different animal that they

(25:22):
have a little problem with. Butyou know it's dead. You got a
dead moose there in your hands,so you're not you haven't hundred it.
You just have a stuffed moosehead.And so the answer is normally you do
need a permit, like one hundredand eighty bucks. I mean, they're
not very much. And you lookat the list of which animals are the
ones you need. Permits for mooseare not on their mooses. Misses are

(25:48):
not on that list. You donot need a permit. You can go
ahead and sell your moosehead all youwant. And I love the idea of
you putting it on the hood ofyour car and you know, moosehead for
sale. I mean there may besome traffic issues, you know, traffic
violations involved because like you can't seethe road. But other than that,

(26:08):
yeah, you're okay. Everything inCalifornia. But yeah, that's true.
You're okay, You're okay, goahead sell your moosehead. It is not
considered one of those problems. Uhtehold on, Anette Nett. We're gonna
try you again. Are you listeningto the radio? Ah? Yes?

(26:29):
Him, sorry about that. I'msorry, Okay. I have a question.
My my bank account, my computers, my phone, my credit cards
and other things were compromised about threeweeks ago, and now I'm we're working

(26:51):
to apply to a new apartment,senior apartment, and my credit score is
actually very high, like a tenderthirty one, and I was surprised when
the apartment manager told me that sincemy credit score is low, I have
to make an additional deposit of fivehundred, which is a total of one

(27:15):
thousand. Okay, so let meask something, Tonett. You say your
credit score is eight hundred and thirtyone, It clearly is not. Yes,
it's I mean, if that,how did the manager get a credit
store score that is low? Ifyour credit score is a thirty one?
What am I missing here? Oh? Well, I just talked to the

(27:37):
to the manager on the phone,and she said I can show you.
Yeah, have her show you.Have her show you, Nanett. My
guess is you no longer have aneight thirty one credit score? Yeah?
And I called the credit bureaus TransUnionand Equifax, and they told me I

(27:57):
do have a X and then score. Okay, get a copy. Get
a copy of your credit report.You're allowed to have one copy a year,
I believe, And show the landlordhere it is whoever told you or
wherever you ran credit? Because noneof that makes sense. If the landlord
runs your credit and it's miserable,and you show the credit report which says

(28:19):
you have eight thirty one, something'swrong here, don't know what it is?
Then that but something's wrong? Sodo I continue to say my problem
is not the money, because Ihave the money, Then pay the money.
Pay the money. And then worryabout it later. You want to
get in the apartment. Pay themoney. It's five hundred dollars. If
you have it, just pay itand work. Come there. I mean,
you don't want to be in aplace going to be a total of

(28:41):
one I understand, but I'm tellingyou if you're charging if they're charging you
an extra five hundred dollars deposit,I mean, how much is the rent?
Okay? And they're only asking forone thousand dollars deposit, right said,
I need to pay additional five hundredtoo, I understand. Come on,

(29:03):
I'm losing my patience than that.God, I hate this. Okay,
If they're asking for five hundred dollarsmore of a deposit, so it's
a total of one thousand dollars ona seventeen hundred dollars a month apartment,
that just pay it. Do youhave the five hundred dollars extra? Okay?
Just pay it and then work andthen work on your credit. Pay

(29:26):
it, get in the apartment,and then work on your credit. That's
how you do it. You donot want to start working on your credit,
uh and still look for a placeto live. You got a place
you pay five hundred bucks more.It's a deposit, you know. I
mean that's practical. It's not alegal issue. It's a practical issue.
Yeah, but I'm concerned about work. I have the right to look at

(29:48):
the credit report. Yes, yes, you do. You have a right
to look at your credit report.Get one from the manager who said,
I'm going to show it to you, and then pull your own you go.
You got TransUnion, you got Equifax, you can pull all of them.
Yeah. But what I'm saying isI'm concerned because in the future,
if I try to apply for ahome loan to buy my home home,

(30:10):
I'm afraid that this there's something wrongwith this. Uh, some somebody.
When do you plan on buying?When you plan on buying a home?
Internet? Oh, when the interestrates go down? Okay, so a
million? Where do you live?Where are you gonna buy a home?
I don't know yet, but I'mgoing to buy a home maybe because I

(30:30):
already got a proved for it towhere where? Okay, Well, then
you're going you have the down payment. You have the down payment, good,
then you worry about it later.Then you worry about it later.
Okay, not now you've been hearingme tell you about Zelman's Minty Mouth Mints.
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(30:52):
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Now you know occasionally you don't.But can you imagine what your social
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(31:17):
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(31:38):
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is Handle on the Law. You'vebeen listening to the Bill Handle Show.
Catch my show Monday through Friday,six am to nine am, and anytime

(32:00):
on demand on the iHeartRadio app