(7/06) HOTL Hour 3

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 handle onthe 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 dotcom. And if you're a lawyer
and want to join our team becausepeople desperately need your help, go to

(00:24):
handle on the Law dot com andclick on the join today tab at the
top of the page. The followingis a pre recorded program. Very interesting
bill that has been introduced in theCalifornia Legislature SB fourteen forty six, and
this has to do with checkout lanesin supermarkets and they were supposed to be

(00:47):
the end all be all. Thiswas the magic formula that would enable the
consumer to zip through very quickly becauseyou can put a lot more of these
checkout little stations and you can't ona checkout stand in normal with the conveyorilt,
covetor belt, et cetera. They'renot as great as everybody thought,
but they're still pretty good. AndI think they've gotten the answer because a

(01:10):
lot of people have a difficult time, you know. I put it up
you know, put your stuff inthe bagging area, and if you don't
you put it back, everything stops. And so the way they figured it
out, that works. And thishappened to me matter of fact, a
couple of days ago, when forsome reason something happened and I had to
call someone to help me. Orthey have a little call attendant button.
So just say there's six little stationsthere, they have one person who is

(01:36):
walking around and helping people. Soyou have one clerk at six stations instead
of six clerks at six checkout yournormal checkout counters. All right, So
with that, you can bet thatthe retail clerks unions are not very happy
about that because that means cutting downon staff. And so there's no way

(01:57):
they're going to make this illegal.That's not going to happen because the politics
aren't there. They're just two toomuch part and parcel of how we live
now. So this bill SB fourteenforty six, this is a really weird
one, would prohibit grocery or retaileddrug stores from offering self checkout options.

(02:19):
You can't do it unless you notallow well, you have to have a
sort of a study group at thestore to figure out if it's going to
work well. In other words,you can't the store won't just have the
ability to put in six kiosks.Oh no, no, you have to

(02:42):
study to see how that's going towork. And stores looking to implement the
new technology not only have to havethis study prior to implementation. Can you
imagine you own a supermarket you wantto put in these self serving checkout counters
kiosks, and the law says,oh no, no, you have to

(03:06):
have a study now before you canimplement them. And the study has to
be limited. You have to notifyemployees at least sixty days before drafting the
study, you have to tell theunion about it before drafting the study,

(03:27):
and then you have to wait atleast sixty days before in implementing those as
self checkout counters. Come on,really, I mean, who is in
favor? Of course, organized labor? Who is opposed? How about business
groups? The stores? California Chamberof Commerce And this is just one of
the weirdest ones I've ever seen.Union hates those. Clerks hate those because

(03:53):
it cuts down on the number ofclerks in a store. We can't attack
them and make them illegal directly,So let's do it. Sort of through
the side. Okay, you haveto do a study before you put him
in. You have to wait sixtydays, and you have to tell the
union before you put him in.You have to report and then once you've
decided, are you going to puthim in? Another sixty days? Pass?

(04:14):
I mean, it's just welcome toCalifornia. No surprise, is it?
Oh right, let's do it.Phone calls. All right, Elane's
been there for a while. I'llgo with you. Probably boring as hell,
but let's go for it. Okay, Lane, Hey Bill, how

(04:38):
are you listen? I bottom mobilehome in Newbury Park. I'm at the
bottom of the Chanta Monica Mountains.With all the rain water came up underneath
my house. It did not flowoff of the mountain. It came up
underneath the water table roads. Thereare about one hundred and eighty homes in

(04:58):
my mobile home. Some have somepumps, some have French strains. This
was never disclosed to me that watercould be a challenge in this neighborhood when
I closed Escro last August. Okay, so they never informed you that there
could be a problem as in thewater table rises. I mean, is

(05:23):
that foreseeable? Well? If youlook at how much rain we had left,
that's the whole point. That isexactly the point. You look at
how much rain? Is that foreseeable? When we've had more rain than we
ever had in history, and you'resaying we have to foresee it. How

(05:44):
about this? What if we geta weird, weird like a hurricane coming
in which we got once I thinka few years ago we got the remnants
of a hurricane. Are you readyfor this for the first time at one
hundred years Well, you should haveknown that a hurricane can come. It
happened one hundred years ago. Youhave to tell me about that. I

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mean, this is foreseeable, Elane. That's what you have to talk about
here. But if other homes inthis global home parks specifically have some pumps,
homes that are not even back upagainst the mountains, then okay,
so they want to So what sothey want to have some pumps? If

(06:26):
I'm selling you a house and it'snot foreseeing, if I'm how do you
know that's why they have them becausethey could foresee that there was going to
be that No, because they hadwater under your house, and then they
got proactive and put something Okay,did you have water? Did you have
water under your house before all thishappened, No, sir, Okay,

(06:46):
so it's not foreseeable they had water. You didn't. You never had water
under your house. You have thebiggest rains in the history of California,
and you should have foreseen that.You tell the cell I just think that
the here's it's not the cellar,it's the realtor. Okay, let me

(07:09):
ask you something you should Okay,you tell the realtor. You should have
foreseen the heaviest rains we've ever hadwere gonna come, and you didn't tell
us that. You should foresee thata case. Then every one hundred years
we should have a hurricane, andyou didn't. You should foresee that there
is you could get hit by ameteorite going through the roof of the house.

(07:31):
You should have informed me that thishouse is liable to be hit by
a meteorite. What's foreseeable here,Well, that other homes in this specific
park because they had water, becausethey had water issues. You didn't what
the tape right, Okay? Allright? Uh? Jack, Hey,

(07:59):
Jack, welcome? Yes, Ohno, Jack, let me put you
on hold. Jack, let meput you on hold. Because I'll get
to it. I ran over timeon this one because I got really angry
with her. I left her onway, way too long. I've got
to calm down and take another handfulof Wimketel. We'll be right back,
Jack, Do not go away.This is handle on the law. More
handle on the on the law,marginal legal advice. All right, Jack,

(08:22):
now we can take a couple ofminutes. What can I do for
you. Well, I've been amember of the Auto Club for over fifty
years and the other day I hadan experience that was particularly irritating, and
I want to get your advice.Okay. So I always make it a
habit of paying my auto insurance andhomeowners insurance in person at a Triple A

(08:45):
office. So my earthquake insurance andmy homeowners insurance was coming due. We
wrote the checks, made the seconddated made the second I went into the
Triple A office on May the eighth, and the lady said, oh,

(09:05):
this is for the payment for theearthquake insurance. And she said you have
to change the date to May theeighth, And I says, no,
I don't, right, sir.Change the date on your check to May
the eighth. I says, well, that's not necessary. The check wrote

(09:26):
over the date. She made sucha mess that it's not even readable.
And uh and I says, Isaid, I didn't give you permission to
do that. Okay, got it? Did you check Claire was insurance?
And did the check Claire on that? And uh? In the check Claire,

(09:48):
what's that? Did the check clear? Uh? Well, it's only
been a couple of days. Idon't know. I'd have to check,
all right, So you have towait and uh uh, Now I have
a question to ask you. Sinceyou walked in and paid it May eighth,
you're going to be credited with aMay eighth payment, not May second.

(10:13):
It's going to be May eighth,because that's when the money physically went
in. Really doesn't matter. Youcan have a check this five months from
now, and if you walk insix months from now, or you can
date it today and walk in amonth from now. It's when you make
the payment. Right. So let'ssay the check clears, it doesn't clear.
It's a couple of days, andyou're told about it, and those

(10:37):
three days two three days cost you? What what are your damages other than
she did it without your permission?If it clears no damage. So what
do you want to do well?I wanted to I wanted to find out
is is that Isn't that bill yougo further? Probably? Yeah, it

(11:03):
probably is. Yeah, I'm guessingit is. Now what all right?
What do you want to do well? I guess you're right. I have
no case. That's correct. Youhave no case? Clear, that's it.
Yes, so you're just pissed off. She shouldn't have done it.
It's kind of clear, so therereally is no damage. Charles, Hello,

(11:24):
Charles, Hello? Yes, whatcan I do for you? Charles?
I want to say if you ifI got a case here? Yeah,
you got to talk loud. Youhave to speak louder. Charles.
Okay, I want to know ifI have a case? Okay, dance,
Am I allowed to say any ofthe insurance company's name? Yeah,
I don't care. Okay. Thirtyyears ago, I'm seventy five years old.

(11:50):
So I left into an insurance pagent'soffice and I asked him with I
brought in a previous policy one hundredthousand dollars. Oh. I was originally
going to give it to American familybecause I had just had policy with him.
So because this other agent had myhomeowner's insurance and business insurance. I

(12:13):
said, well not, let's go. Let's go see him. So I
brought in the policy, showed himthe whole life. I said, I
want exactly the same thing, wholelife with a payment that's about one hundred
and twenty five and thirty five dollars. Well, he first looked at that
policy. Oh mind you, Ihave a family member come with me,
a brother forty years old at thetimely And so he fan through the policy

(12:39):
that I had and then he setit down, put it down, and
then he went on his computer andhe says, I got one for you,
and it's better. And then Isaid, oh good. He says
it's got better debt than a bit. Not one time did he switched me
on it that He never said anyword that I'm moving on. Excuse me.

(13:03):
So did he switch you, Charles? Yes, he did, Okay,
and all right, and this wasthirty years ago. Yeah. Now
here's how I found out. Uhhe he he. I was at a
bank advisor's office and uh, justjust I don't care, Charles, it

(13:24):
doesn't matter how you found out.You found out that he switched you thirty
years ago. Yes, to it. Okay, what is the difference in
the death penalty between what you haveand what he said you're going to have?
He said it was a he alwayssaid. He pumped it up,
saying you got a great that that'skind Yeah, what is it? Yeah,

(13:45):
Charles, what was it? What'sthe difference? Did he give you
a number? Yes, he did, he said at that time it was
like it was growing, So itwas like about maybe at that time,
it was like, okay, sohe told you that it would have you
a one twenty policy, and youthought, and he's and it was actually
a one hundred policy, and sowhen he switched you, well mixed up.

(14:09):
It's not the whole life. Hesaid, the death benefit only is
better than the one you Okay,here's the problem, Charles, thirty years
ago, if he's still alive,he's gonna say I never said that.
I have a witness. Okay,winn is still alive. So you think
you think you think there may bea statute issue for what happened thirty years

(14:30):
ago. Okay, yes, Iagree with you, but I'm still being
stroked and scammed by the guy,and I'm still making house. So how
are you being stammed? By theguy because he's because up until the time
I found out that I had aturnbolicy in that a whole life, he's

(14:50):
kept on the season. Okay,here's the problem you're going to have is
he's going to deny talking to youabout it. And it's your brother that
is a witness. What kind ofcredibility is that. Of course, your
brother is going to say anything youwant him to say. Okay, yeah,
so it's a problem. I meanthirty years and it was all verbal

(15:13):
and the witness is a brother whois now what also one hundred and fifty
years old. Now, no matterwhat business you happen to be in,
and I have no idea what itis, I'll tell you what is the
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only a bet you can make moremoney. And this is where oracle By

(15:35):
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(15:58):
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(16:22):
it's absolutely free to download the checklistyou see for yourself. Okay, this
makes sense and it probably will goto NetSuite dot com slash handle NetSuite as
an office suite, NetSuite dot comslash handle. This is Handle on the
Law. You're listening to Bill Handleon demand from KFI AM six forty Welcome

(16:47):
back, Handle on the Law.Marginal Legal Advice. Jim Hello, Jim
Hello. Bill. Fifteen years ago, I made a personal second trusteede loan
to a party who had a firsttrusteed with Countrywide. The person made payments

(17:10):
to me for for payments once amonth for payments, and then stopped making
payments. And of course, thereal estate market was in a mess,
and Countrywide was in a mess,and so forth. So I was not
in a position to make her firsttrusteed payment, so I foreclosed on her.

(17:32):
The property was then deeded to me, but since I couldn't make the
payments on her first trustee, Itried to deed the property back to Countrywide
slash Bank of America at the time. The paperwork didn't never got accepted by
a Countrywide Bank of America, andso unbeknownst to me, And so for

(17:57):
fifteen years, everything went along.You know, Wait, everything went along
with everything went along without making paymentson and outstanding alone. Correct, Well,
she wasn't making payments, No,I understand. So you have a
loan that's outstanding. On the first, you fore clothes on it. And

(18:21):
since you're buying the property, Idon't know the rules whether you're responsible or
not if you foreclose, but noone bothered you for fifteen years. Is
that correct? That's correct? Butshe was making payments? Oh, so
she was making payments. You saidshe wasn't making payments. She wasn't making
payments to me on the second.Oh, okay, so you foreclosed,
fair enough, all right, Sonow you own a property and she's made

(18:45):
payments. And now you own aproperty that there's a first on it that
you owe some money which I couldn'tpay at the time. Okay. So
I tried to deed the property,all right, and they said no.
And they said no, right,Jim, Well they didn't say no.
Everyth didn't seem to be fine exceptthat wait, wait, everything she was

(19:06):
still making Wait a second, youtake over the property and nobody is making
the payments, or she continues tomake payments on a property that she hasn't
known anymore the ladder. Okay,so she continued to make payments. Great,
she didn't know that she didn't ownthe property. So she's making payments
on your house, all right.And that went on for that went on

(19:26):
for fifteen years. Yeah. Sothen Bank of America wakes up one day
and they say, oh my god, we can't either. Okay, so
they're hitting How much are they Howmuch are they hitting you for? Well,
they're not hitting me for anything.They just initially a year and a
half ago, which is how longthis has been going on, they wanted
me to go to court and havethe court make a decision who really owns

(19:52):
this property? Do I still ownit. You probably do because you foreclosed
on it. Well, who's property? Here's on TI? No problem,
who's on title? Problem? Theproblem is we have spent more money now
on attorney fees and yeah the originalamount was. Yeah, that's a problem.
What happens. What happens if Itell the attorney just stop, we

(20:18):
can't keep paying money on this sortof thing, then they're gonna be Then
there's gonna be a default judgment andthe bank is going to go to court
and they're not going to be theredefending, or you defend on your own,
so it's not a big deal.Then it's a big deal because it's
going to cost you a ton ofmoney and you're going to be by yourself
up and against an attorney who hasa lot of experience in this. Yeah,

(20:41):
I tell you, I don't knowhow to do it. Uh,
this is pretty complicated loss. SoI'd have to hire an attorney. And
if I didn't have the money tohire an attorney, you know, you're
screwed. Welcome to America. Andthere's no attorney's fees clause I'm assuming assuming
maybe there is, I don't know, but no, no easy way out
of that one. There you go. See, don't I make people happy?

(21:03):
Happy? Oh? Okay, lusterhigh luster, Hey how are you?
Yes, sir? What can Ido for you? Okay? So
yeah, I got quite a complicatedthing. But try to please God.
I hate these all right, makeit quick, please, I know,
well, yes, for sure.So my wife and I went in to

(21:26):
purchase a property in twenty eighteen,and when we purchased a property, it
said in the mortgage my first name, my wife's second name name, and
then it said husband and wife.So Indiana is a tenants by the entirety
state and you have to have thisphrase husband and wife. The bank,
the mortgage company, basically said thatbecause I was the primary bread winner,

(21:51):
they wanted to just have me onon on the loan and not my wife
also, so then they just havemy name a married man. But then
it didn't say husband and wife.So they said, it's no big deal.
You can go and transfer this later. You can go and fix this
later. So we went ahead likethe next business day, and we started
a trust, a revocable trust,and my wife and I were both co

(22:12):
settlers and co trustees of this trust. And I did a quick claim deed
of the property into them. Soit's been the title is being held in
the name of my wife and Iand our trust. So it's just like,
okay, so the title is nowowned by the trust and you were
the trustees. Okay, so farI got it. Yes, okay.

(22:32):
So six months after we had putthis into the trust, I get sued
by some people over some extly.This is the crazest thing I've ever heard.
Money that they owed me, andwhen they refused to pay on this
money, I recorded a document atthe county recorder in Indiana. And three

(22:53):
years after that, so now twentynineteen, what document Okay, they owe
you money and you recorded a document? What document did you record when someone
owes you money? I'm ill?I literally again, I was at the
time trying to lawyer, which Ishouldn't have done. You No, I
understand. What what document did yourecord? Debt notice? I called it

(23:14):
a bond debt notice? So thesewere the debt notice? Was there a
bond? Oh no? Yeah?So so my grandfather was a pastor and
he built this church in nineteen sixtysix in a row that's way beyond me.
I don't know Indiana law, butyou did you file a law suit?
Or just filed this document. Well, well, no, I filed

(23:37):
the document. They followed the lawsuitfor slander title. But that's not even
my main question. I don't wantto get sidetracked. My main question is
they got a judgment this This crazyjudge says from behind the back. Yeah,
okay, you have to you haveto feel it gives them a judgment
against me. I understand. Butthe issue is I get this judgment,
well, the judgments against me personally, not again to my trust. And

(24:00):
then then the judge says, well, you can go ahead and put it
against the trust. So they've ignoredmy wife. So what's your question,
Lester, what's your question? Somy question is how can they ignore I
have no idea. I have noidea. You have a Schorely judge.
You have a Schorely judge and ithappens all the time. Okay, so
you got you know, unfortunately youhave to unravel it and you get to

(24:22):
pay for a lawyer way out ofit. So they no, I got
plenty of lawyers. The point is, I guess My question is is that
they set a house for sheriff saleand claim that because I'm one of the
coach restees. They can if youhave plenty of lawyer. If you have
if you have plenty of lawyers,why aren't you in court on Monday?

(24:45):
Uh getting a court order to stopthe sale pending all of this going on?
And if you have plenty of lawyers. Went to the Indian there's the
Court of Appeals and they basically saidthat they can put it against the trust.
You know what, I have absolutelyno idea. That is, did
you understand any of that? Ididn't you know not that I'm yeah,

(25:08):
I just didn't. I don't evengo into it. Let's just take a
break. We'll be back and we'llfinish it up. Handle on the law.
Welcome back, Handle on the law. Marginal legal advice. Hello Tim
Jim, Yes, sir, whatcan I do for you? I got
hit a gumple of weekends ago.His brother owns his business, his hard

(25:34):
pucky cowboys. Put your business.Okay, Tim, When you say you
got hit car accident, what areyou saying? No, he's hit me
with his fit. Oh you gotpunched? Okay, that's nice. Yeah.
And then so when he I said, why are you hitting me?
Because I asked him, I said, you want to hit me? Dun't

(25:56):
check, because you know I didsomething. I left a mess on the
stable. He told me almost Ijust stupid crap. And then and I
go, you want to hit me? Don yet? And he immediately started
hitting me, okay, like fourtimes before I hit him back. Okay.
And now now it gets even better, Bill, it gets even better.
I went to the emergency room todocument everything, okay, and and

(26:18):
it was about eleven o'clock, andI remember getting invented. I'm on a
gurney and my next memory is they'rewaking me up. A police officer.
There's me and him in the emergencyrate waiting room. He's waking me up,
telling me I got to go,and I go. I said to
him, I said, I'm waiting. He said I can. I came
here for some fulk for it happened, and he goes, I don't know,
he said, but you got togo. And they told me not

(26:40):
to let you come back. AndI go, this is the hospital.
You're on a gurney in the hospital, and the cop says you've got to
go, and they told me tonot let you come back. Is that
correct? Apparently they released me andI told him I'm not going anywhere,
because hey, it's fifty degrees.I'll try they got a button down,
silk and so all right, Sowhat happened? What happened after that?

(27:03):
I don't know. See, Ihave no memory. I'm just guessing the
security guard hit me. The securityguard hit you. Okay, So you
get punched in the first shop,and then you get punched by a security
guard at the hospital while you're ona journey waiting to see a doctor.
Okay, No, I wasn't ona gurney. They have released me,
I'm pretty sure. Okay, Sowhat are you doing? Okay, you're

(27:26):
out in the waiting room because itwas too cold, and you were just
hanging out there after you've been released. Okay, all right, So what's
your question, Tim, Well,what can I do about this? Because
I'm that's a problem. Yeah,that's a problem. Yeah. I don't
know what you mean. You knowwhat I mean? If I were with

(27:48):
you, if you were coming intomy office, I'd probably punch you too.
But you know, uh, yeah, I don't know how badly were
you injured, Tim, I haveattached whoa, you have a detached retina
because of you getting punched. Holdon, stop, stop, you have
a detached retina. Were there witnessesthat saw you getting hit? Yes?

(28:14):
Sure, okay, yeah you gotyou got a case? Oh yeah,
No, there's a case there.There's a case. If anybody believes you,
there's a case. Now all thatthey were all probably going to be
employees because I don't know what happens, have no idea. There's probably video,
there's probably video. Where where Tim, where do you live? Where
are you? Okay? All right? Fair enough? You live in a

(28:37):
house, you live in a tent, you live in a dumpster. Where
do you live? Actually? Ijust moved into the Morongo Valley. I
live there now. And but thishappened with you doesn't matter. That doesn't
matter. No, it's local.It's all local. All right, You've
got you absolutely have to talk toa personal injury lawyer one if you,
as a result of what happened,you have a detached retina, and they

(29:00):
can connect it to you being hit, and they're witnesses that can put it
together. There's something there. There'ssomething there. Now you're hoping that.
It's hoping that your security guard atthe hospital. That's going to be your
problem. First of all, youhave a problem just having anybody believe you.
But beyond that, you've got twopeople. You've got two people that

(29:23):
have punched you. All right,and I'll tell you what. Person number
two is going to say it wasperson number one that caused the attached retina.
Person number one is going to sayit was person number two that caused
the attached retina. I wish youhad only been hit by one person that

(29:44):
would have helped enormously. Okay,yeah, how old are you? By
the way, tim, how oldare you? You're sixty? Wait?
Wait, you're sixty eight years old. You have any idea how old you
actually sound? You look like you'regonna be dead by the time the conversation

(30:07):
is over. You sound so old? Oh yes you do? Oh no,
no, no, no, youabsolutely do. Yeah. All right.
Malpractice attorney, now sorry, apersonal injury lawyer, Personal injury lawyer.
Go to handle on the law dotcom. Go to the website.
Talk to one of our PI lawyers. Actually, you talk to one PI
lawyer and we'll see and if it'sliterally a detached retina, believe me,

(30:32):
uh they're gonna look at it reallyhard for sure, lawyers. I mean,
that's that's serious, serious damage.Uh. So before I end,
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(30:56):
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(31:18):
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(31:40):
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