(9/02) HOTL Hour 1

Handel on the Law. Marginal Legal Advice.

Episode Transcript

(00:00):
You're listenings kf I AM six fortythe Bill Handles show on demand on the
iHeartRadio f the Sands KFI AM sixforty Bill Handled here and good morning on
a Saturday, and we have threelovely hours together where hopefully you make my
day. And how do you dothat by having a question that I can

(00:23):
make fun of you coming off asas a complete idiot? Different levels of
idiotc I like three four level levelsand above. And you got the rules
unintelligible. You're at the top.Special needs, You're at the top.
It just keeps on going and going, all right. So the number is
eight hundred five two zero one fivethree four. That's eight hundred five two

(00:46):
zero one five three four. That'sthe number that has been ever since I
started here at KFI, and that'sa lot of years ago. Eight hundred
five two zero one five three fourand top of the hour, best time
to call. We did open theshow with a few phone calls, a
couple open. But you know,oh, I'm looking at a board.

(01:08):
Excellent, excellent, So we arein pretty good shape. This is Handle
on the Law, marginal legal advicewhere I tell you you have absolutely no
case I've told you many times theLa City Council is probably the most liberal
city council in the country, oramong the most liberal. You got San

(01:30):
Francisco, you have Oakland. Imean there are some crazy city councils.
I remember Oakland passed a resolution whichhad absolutely zero zero impact, and Oakland
called itself a nuclear free zone.That any nuclear weapon that the federal government
was transferring on federal roads through thecity of Oakland, they couldn't do that.

(01:53):
They had to go around the city. Yeah great, I mean idiocy.
Right, all right, here isa here's a fun story. LA
City Council shocker. Shocker is pushingto for a lawsuit against Governor Greg Abbott
of Texas and the State of Texas. Now, what Abbott is doing is

(02:15):
he's putting illegal migrants on buses andhe is bussing them to Chicago, particularly
New York by the tune of overone hundred thousand, and say hey,
there's too many here in this state. You get him, and the state
is paying for the buses and transferringthese people and just letting them out.

(02:36):
You know, they hit the NewYork and or they hit Chicago and Los
Angeles. A few times, notnearly the extent of the other cities and
just letting them out. And whatends up happening is you have these these
cities who, as the mayor says, we welcome the illegal migrants coming in
to our city because we are asanctuary city. They get nonprofit meeting the

(03:00):
micrants and buses, putting him thechurches, putting in the facilities, food,
water, taking the kids, makingsure they have schooling. It's a
good thing, I think, tobe thrown on a bus. So the
city council is suing, saying whatyou're doing is illegal, and I'm trying
to figure out what the hell isthat. What's illegal about what they're doing.

(03:21):
Well, they're looking at city councilsays maybe this was kidnapping, Maybe
it's human trafficking. There you go, Come on, really, give me
a break. What jurisdiction does Californiahave over New York throwing people on a
bus. You know, we havethe right to go between states. We

(03:45):
don't have internal passports. California cannotstop someone from moving from Texas into California.
Likewise, if someone moves from Californiato Texas, what can the government
do. You can't move here.Come on, you know, break,
break, break crazy. All right, here's some phone calls. Let's start
with Tamara. Tamara, good morningor tomorrow? How do I pronounce it?

(04:06):
Tamra camera work? Okay, HeyTamara, what can I do for
you? I have a fifty sixyear old friend who just lost his ninety
year old dad. He has recentlybecome a beneficiary of a trust with invested
fund totaling four point five to fivemillion dollars. His dad designated the beneficiary's

(04:27):
cousin, who is seventy years old, as the trustee. There's no other
designated beneficiary after my friend dies,so the trustee can actually benefit or designate
himself eventually as a beneficiary. Well, hang on, whoa wait a minute.
The trust doesn't not mention him asa beneficiary. It's silent on the

(04:51):
cousin being a beneficiary. Correct,it is silent. But he is the
closest subten. Okay, he's theclosest relative to uh, the trust or
the person who wrote the trust,the current beneficiary my friends. Okay,

(05:12):
he is the current game. Yeah, he is his cousin, and they
none of them have sibling, aren'tall right? So there's only all right,
So there's only your friend and cousin. Cousin is the let me get
this right. Cousin is the trustee. Cousin is not named as a beneficiary.
Only friend is mentioned as a beneficiary. Correct, correct, Okay,

(05:35):
And the seventy year old cousin alsohas a sister around the same age who
is recently divorced having legal issues.So here's what's happening. What's happening right
now is that the trustee has juststarted asking my friend, the beneficiary,
to cut checks out of his personalchecking account in the name of the trustee's

(05:59):
sister. Yeah, yeah, youcan't. He can't do that. So
he did this once. Yeah,and he noted to my friend that this
is probably going to happen a fewmore times because the bill will probably be
about twenty thousand. Yeah, answers. The answers to that. It's that
simple. I mean, it's justhow do we So how do we?
How do we get this guy?Because what happened with the friends? And

(06:23):
here's how you get this guy.First of all, your friend wrote the
check voluntarily and I don't know,and the trust is, uh, has
has the money already been distributed tothe Yeah? The money is all there,
and now you have a trustee.By the way, once it's distributed,

(06:43):
Once it's distributed, there is notrust anymore. It's over. It's
distributed. So I don't quite understand. Uh, you know you have someone
the trustee has the power over thisgentleman's life. Well, hang on him,
and he didn't destroy Wait, doesthe trust say that the money stays
in the trust and the trustee controlshow much money the friend gets. The

(07:06):
trustee can kick him out of thetrust if there's any issue whatsoever, says,
Oh, it's time for litigation.It's time for litigation. There's no
question about it. He's got toget a trust in a state lawyer.
On this one. You have atrustee. He likes to know what,
like, how much evidence does heneeds? The trust and a state lawyer

(07:30):
will now put it all together.He doesn't have to worry about evidence.
He just has to worry about gettingthat attorney. Because it's the way the
trust is written. The way you'reexplaining it doesn't make a lot of sense.
So it's a trust that the moneydoes not transfer to the friend in
one lump sum. And if thetrust is written where the money is not

(07:51):
transferred my family trust. My kidsdon't get the full amount of the trust.
Uh, it's broken up over theirlife time. Right, So the
trust is all invested in stock.And it doesn't matter. That doesn't matter,
None of that matters. It's whois the beneficiary? What are the
terms of the trust? Who getswhat? Is a person of the power

(08:16):
over the gentleman's life? And nowthis trust, It depends on the way
it depends on the way the trustis written, tamarack. That's how it
works. If the trust allows themoney to stay in the trust and the
trustee has complete total control as towhat happens, the trustee can he's exhorting

(08:37):
the person. I understand. Iget it. You have to read the
trust. It's the language of thetrust. Okay, boy, how many
times could I say that? Yeah? A lot, a lot? All
right, Why don't we take abreak. And I'm gonna go back and
recount the number of times I saidthe trust and the last phone call this

(09:01):
is KA five day, five dama sixth morning, building me up here
on a Saturday morning. Welcome backto handle on the law and marginal legal
advice where I tell you you haveno case. Uh, pontos, I
have that right. Pantos are notthere? Yes, I can hear you.

(09:24):
Great, start my question. Okay, you are there, all right?
What can I do for you?Hey? I got a red light
camera ticket, and I was wonderingif those are legit? I have to
Yeah, I mean they're legit.Yeah, they're legit. Now, now
the question is, how do yourespond to a red light camera ticket?
Depends on the juristics state. Itgoes to the registered owner of the car.

(09:48):
That's a given right, and thereit is h You pay a fine
or whatever. And now we talkabout the jurisdiction. If it's not you
who's driving the car, then youcan say it's not me driving the car,
and you send in a picture andyou go, that's not me.
The one thing you can't do islie about this stuff. You do not

(10:09):
want to commit fraud upon the court. Believe me. You get caught on
that one and you're screwed. So, all right, if it's you,
you're done. If it's and youhave to be clearly seen, all right,
it has to be. If theycan't recognize who you are, then
it's not you. If you can'tbe recognized, basically, it's not you.
So now second step, all right, depends on the jurisdiction. Some

(10:31):
jurisdictions, if if the driver can'tbe recognized, send out a letter,
a fine letter to the registered ownerand it's seventy or eighty bucks or whatever
it costs, and the registered ownergets to pay that fine. You want
to be a little careful of whoyou own your card to. However,
if you get tagged for the fineas a registered owner, it doesn't go
against you. It's not considered blowingthrough a red light. All you have

(10:54):
to do is pay the fine.Sometimes, if you argue it's not me,
and you're asked, usually in aletter and affidavit, who was it
that's driving, that gets a littletricky too. I don't know, now
are they going to go beyond that? Probably not, because then you know
who was it and I gotta haulyou into court and put you under a

(11:16):
penalty of perjury, which the documentsays, but you know, what are
they going to do? So here'swhat I do is I make sure that
on knowing where red light cameras are, stay away from those intersections. And
even though even so, I wearone of those grout show masks whenever I
drive. You know those grout showmasks with a mustache and the glasses and

(11:39):
that way. It's never me.But it really depends like the jurisdiction,
and you can ignore it. Youcan say it wasn't me, and yeah,
that's Those are all your choices.None of them are very good.
In reality is most people just paythe fine because there's the ticket there.
I am, because they send theysend you a photo and if you are
clearly clearly you at that point,I just the check. It's usually not

(12:01):
very much. That's my call money. The only thing they haven't included the
ticket amount that they will. You'llget you'll get something in the mail that
is the ticket amount, and thenyou can go ahead and play the game
not to pay it. But keepin mind you're not going to get tagged.
Well you may if it's you andit's clearly discerned and you admit it's

(12:24):
you, but you've got to bea little careful in terms of not admitting
it's you. So that's a littletricky. And there I've heard of some
judges that don't believe in them atall and just throw them out. Now,
these are usually toll roads where youknow they take a picture of you
and the picture of your license plate, and so you know, when it
comes to the police and when itcomes to legal documents of some kind or

(12:48):
violations, I pay really close attention. You know. That's not to say
I'm the most honest guy in theworld, trust me. But when it
comes to that stuff, the downsideis too great. I'll just pay the
money. But then again, youknow it paying fifty or seventy five dollars
is not the end of the worldto me, and it can be some
real money to people. Uh.You know, that's not to say I'm

(13:09):
rich, but it is to saya lot of US fifty bucks and then
it goes away, so you know, uh, all right, Jim,
Hello, Yes, hi Bill.My boss yelled at me, called me
a word starts with an A,and then said I should take you out
and kick your And I'm wondering ifI have a case. All right,

(13:33):
he called you an a hole,and he said I'm going to take you
out and kick your ass. DoI have that right? Okay, I
can't say those words on the radio, So I appreciate you didn't. I
know you didn't, although I'll bemore happy to blame you. What you
have is uh, it's what youhave is a when he said I should
take you out, that's not enoughof a threat. That's uh, I

(13:56):
should is simply an opinion. Whatyou do have is a hostile work environment,
an issue. That's it. That'swhat you have, Jim, is
hostile work environment. And you're Imean, how important is your job that
you have to say working for him? Well? I really I really kind
of need it. Okay, fairenough, all right, okay we can

(14:16):
stop at that one. Is ita fairly big company. Does it have
an HR department? Yeah? Yes, yeah, Okay, well it's one
person. It's one person in theh Okay, well, you know,
I work for a company that havetens of thousands of employees, that's a
four billion a year company, andthey have one HR person. They fired
everybody else. So you got oneguy sitting in New York the only with

(14:39):
HR. Uh. You know,they really cut down, you know,
corporations, they really cut down onstuff. Uh. Not quite, but
I'm not far from being the truth. So here it is, uh you
can go in uh and complain andnow they're gonna open up a file and
then the issue becomes you know what, there's not enough proof there, Jim,
because he's as, he didn't doit, you say you did,

(15:01):
so we're not recorded. I wentI forgot to mention. I walked back
in his office after lunch and Ihit the record button on my phone to
get him to stay. He didn'tsay it, but he kind of.
When I said you can't do that, he goes, well, I did
it because okay, but that stilldoesn't prove the point here. The problem
is that doesn't prove the point.I wish you had recorded him actually doing

(15:24):
that. Are you taking a risk? You know, if they decide to
if they don't do anything about it, you've got a boss that hates you,
it's going to do everything to makeyou miserable, I mean miserable.
The other hand, if HR believeswhat happened, then a couple of things
can happen. HR well certainly notfire him for that, but we'll say
there's some credibility there, and youbetter not do that again. And then

(15:48):
he is running a little bit scaredbecause if he does it again, he'll
be fired for that. So thoseare the wording. Recording won't be as
won't be used at all. I'msure it can be that you can see.
Yeah, you can bring it in. Say here it is and what
he said. Sure, I meanit's certainly. I mean you can't use
it in a court. Actually youprobably could use it in a court,
but it because you can't know,well you really can't. But it doesn't

(16:11):
matter. This is not gonna beanything anything that goes to a legal issue.
Sure you bring that in, yougo, here's white proof. That's
it. That's There's not much moreto do. You gotta take a break.
This is Handle on the Law.You're listening to Bill Handle on demand
from kf I am six forty fine, am six forty Bill Handle here on

(16:36):
a Saturday morning. Let's go backto Handle on the Law. Marginal Legal
ad Vice. Jessica, Hello Jessica, Welcome. Hi. Still last week
and I took my four year olddaughter to a child's birthday party at a
friend's house, and she accidentally steppedon the dog, their dog inside the

(17:00):
house and fell or stepped on it, and the dog jumped up on her
shoulder, scratched her shoulder, andbit her cheek. It left a bruise
for she still has it if it'sbeen a week. But it did not
puncture the skin. I was soupset that I didn't think about taking her
to urgent care or calling any facilitiesif it. Hold on a second,

(17:25):
Jessica, if there was no brokenskin, why would you go to urgent
care? Right, That's kind ofwhat I was thinking. Yeah, that's
kind of like what anybody is thinking. Okay, all right, So what
is your question? Would I havea case again? Why? I'll tell

(17:45):
you why, because you know,I mean, it's kind of hard to
argue that the dog was unreasonable.When the dog was stepped on, that's
a little bit problematic. And inreality, you know, the damages are
so minutes. Skill she has abruise. Uh. Now if her face
got half bitten off, you know, if the dog, if the dog

(18:07):
literally ate her face, then there'sstill may be a liability issue as she
stepped on the dog. But believeme, a lawyer would pick that up,
especially for a little girl. Uh. And you wait for a long
term and the kids the statue oflimitation starts when they're eighteen years old,
so you got plenty of time.But the way the way I see it,

(18:27):
no, and you know, myadvice, my legal advice is don't
step on dogs. It's just notthat complicated. Dano, Gotto book him
Dano, Yes, what can Ido for you? So I have an
employment contract which has a non competeclause in it, and I'm in the

(18:48):
process of starting Slicks for a newjob. My question is how much credence
should I give to that that noncompete clause given the mlrb's Twine General's recent
ruling that such clauses violating labor laws. Yeah, that's been around a long
time. In California, non competeclauses are for the most part unenforceable,

(19:11):
unenforceable, So let me give youa non compete clause. The rules of
non compete clauses, because I've writtenenough of them, uh, And that
is if you are selling a business, for example, if you are part
of it as good will, anon compete clause is enforceable, usually not
for employees, but at non competeclause. For example, I sold a

(19:34):
business and I had a non competeclause that I couldn't start in the same
area and it went on for acouple of years in the same general area
around southern California. That's enforceable becauseit's reasonable. And there are some non
complete compete clauses. Ago, youcan't do this for ten years anywhere in

(19:55):
the world. That's a joke.You can't do this for fifty years,
that's a joke. So it hasto be a reasonable time within a geographic
area. Now it could be acrossthe United States, and it could be
the world. For example, Let'ssay you have an internet business that is
international. Then there's an argument.So now an employee, what are the

(20:15):
terms and the non compete dano.What are they saying? What did you
sign and how long? To whatextent? And what can't you do as
far as your former employee is concerned. So it's four to six months,
depending upon which version of the contract. I okay, I'm ruled pondered.
Okay, not unreasonable, Not unreasonableat all. We'll start with that.

(20:37):
Not unreasonable at all. Let's goon to the next one. Cal broad.
It's basically anything in a similar capacityemployee was doing with either a competitive
business or a customer. Okay,well, the customer is different, the
customer is different. Certainly, anythingthe employee was doing, You're right,
that can't be enforced. They cango pound sand on that one. They

(20:59):
cannot stop you from working someplace else. If you're an employee, now they
can stop you from giving away proprietaryinformation and hold you responsible. They can
stop you from, for example,taking a mailing list or a customer list
and going after the employee going afterthe customers. They can stop you from
doing that. H four to sixmonths reasonable and so okay, what can

(21:25):
you not doing being the same kindof field for four to six months?
Is that correct? Yeah? Orif there is a reasonable possibility to employee
may use a reply on confidential information, which act okay, hold on the
confidential information part is totally reasonable asa matter of fact, that it's only
four to six months, and thenyou can use confidential information. Wow,

(21:48):
boy, that's not much of anon compete clause even if it was reasonable.
But they all they also they couldalways if you're going after the same
customers, even beyond the non competeclause, is that you're stealing customers and
that's interference with contractual relations. Inother words, you're interfering with my relationship
with the customer. And then youtell them to go pound sayand and for

(22:10):
us. For some reason, theywant to enforce it. I don't know
why, but they have to provethe customer move would stay and nobody is
going to make is going to testifyto that. Bottom line is you're right,
they can go pound sand. Whatkind of field is it? Software
engineering? Oh yeah, come on, just don't take your secrets with you,
take your skills with you, andtell them to go pound sand.

(22:33):
And by the way, when youleave, you say, hey, listen,
the non compete cause is totally nonenforceable. I can get a job
at a place I gotta and yourcompany really sucks. By the way,
I did get a second opinion froma legal expert, and the legal expert
also agreed your company sucks. That'swhat I would do, So good question.

(22:56):
By the way, non competes arenot that inch. Are are not
that easy. They can be verycomplicated, but you usually it has to
do with selling businesses as opposed tothe non compete per se. Oh Paul,
Hello Paul, welcome to handle onthe law. Yes, hi,
I've got a question regarding some realestate property that I bought about three years

(23:21):
ago. I'm retired and my hobbyis working on cars and restoring vehicles and
collecting parts and farm equipment and stufflike that. I bought a half fenced
and half acre with a buyer's agent, my agent, and it was listed
by the seller's agent, and inthe listing it said ready for your custom

(23:41):
build manufactured home or just need astorage lot. And speaking with my buyer's
agent, they knew exactly what myintended purpose for the place was. And
I bought it, paid cash forit, and thirty four months later,
I just got served by code enforcementsaying that I'm in violation of the zoning.

(24:03):
Okay, and I need to moveeverything, all right, So my
question, I'm sorry, go ahead, Oh yeah, no, No,
your question is My question is doesit says in the in the in the
actual real estate listing and as presentedby my buyer's agent that I was fine
and good to go, and thatwill say, hold on, it doesn't

(24:25):
say anything in the sales agreement.Uh, that that's the case. I'm
assuming by what you said. Uh, and uh, there isn't title insurance.
You didn't buy a title policy?Oh I'm sure I did. Well,
then they turn up it if youbought a title policy, and uh,
it's there's Basically I would argue thatthat is a cloud on title.

(24:48):
Now I don't know if there isa title issue because no one else is
claiming the ownership. I would certainlyargue misrepresentation that I would argue total mis
representation on that. Uh note whatthey said, but what was written in
this in the advertisement. But youhave to prove it knew it. You
had to prove they knew it fromwhatever evidence you have. But yeah,

(25:11):
I would go after it. Inthe listing it says it's zoned are our
rural residential. Now I didn't knowit at the time. I was relying
on the expertise of my my particularagent. Uh that that does not include
you know, storage containers, youknow, ocean going containers. Oh so,
so in the listing it does givethe proper zoning. It does.

(25:33):
Yeah, yeah, you're screwed you. But you can go after your own
agent saying you have the expertise.But if they if everything is there,
man, that's your problem. Thatis your problem, because you've got the
seller says here it is, Isaid, and I advertised that it was
our r which it includes whatever.Uh, And you didn't do title title

(25:55):
insurance, you didn't do due diligence, and you're the selling agent. You
could argue you screwed me. Andyou go after the selling agent. Certainly
nothing verbal. Everything that was written, you go after. I don't care
what the agent said, because numberone, the agent is gonna lie about
it. And number two, whenit comes to any kind of real property,
verbal agreements mean nothing other than misrepresentation. And that's the only shot you

(26:18):
have. How much money are youlooking at losing on this? Well,
fortunately for me, the property hasincreased in value about fifty grands. All
right, so you're not so you'renot going to lose any money. Well,
I'm gonna I've already started to selloff all my stuff. Okay,
Well, you know what, ifyou can argue you were forced to sell

(26:40):
off this stuff, and you couldargue that they put you in that position,
you know, it's basically time forany civil lawyer. I would I
would go to a lawyer and say, hey, these are the what's happening.
It's not just an easy you know, you gave me a thousand dollars
and you're not paying kind of thing. This is handle on the law j
I I am six forty bill handlehere. It is a Saturday morning phone

(27:00):
number eight hundred and five two zeroone five three four back we go more
handle on the law marginal legal advice. Uh, yeah, this is
fine, okay, Walter, HelloWalter, Hi, good morning Bill.
I and I'm homeless, have beenfor the last thirteen years thirteen years old,

(27:25):
okay, yes, sir, andI live in a sixteen foot camper
truck as fifty one years old.I keep it running and stuff. I
was parking on the street in abusiness complex area until a business owner,
let's call it business ah. Hewalked out one day and he says,

(27:47):
hey, yeah, you can saymy property if you want to. The
property he leases from a from aproperty management company. So I say,
sure, you know, getting meoff the street and stuff. And I've
been living on the property with hispermission and blessing for the last eight and
a half years. He took theliberty of labeling me as his head of

(28:08):
security replete with canine unit. Imight add my furry friend. Wow,
so well, your furry friend,what is it? A little yorky uh
is little Chihuawa jack Russell jack RussellChuawa yep? I would yeah. You
know a lot of police departments aroundthe country use Chihuahua Jack Russell mixes for

(28:30):
canine units. Did you know thatyes, there they're. Yes, yes,
they're they're wonderful attack dogs. YeahI know. I mean the ankles
Uh of a lot of thieves havereally uh you know, screwed up ankles
because of that. Okay, indeed, yes, let's move on. Okay.
So anyway, I had a keenlyto a gate that goes into back

(28:52):
access to the building. I'm astraight and fair guy, right, yea,
I got a week ago. Aweek ago. Uh, the owner
of the company, mister A toldme, says the property management company about
a week ago told mister A,the guy in the campick truck has got
to get out of here. Debtymops the property. No one is to

(29:14):
live on the product, all right, That's what he told me. They
told him. And I'm nervous andscared, because yeah, I would be
too. I would be too.Okay. A couple of a couple of
issues here, and that is issuenumber one. What is the lead the
terms of the least between property ownerand company owner? A Okay, what

(29:37):
is that least? Does the lessowner of the business, not the property,
have the ability to put anybody youwant there? And he's going to
argue you our security and I meanthat's the case, because it doesn't matter
if you're security. I mean thek dying dog issue, that's let's say,
questionable. I would argue that althougha judge would love to hear that

(29:59):
one, tell you, a judgewould think that's one of the most intercasings,
interesting, interesting cases that have comedown the pike in a long time.
So you look at the terms.The other issue is eight and a
half years you let this happen andthere Yeah, therefore there's a stopble.
Yeah, no, there's a stopble. So if you have you have to
look at it. If if CompanyA owner is on your side, uh,

(30:23):
then you've got some legal issues.Let's look how long the terms of
the contract of the look at howlong the terms or the terms itself of
the lease. Uh. And ifCompany A has almost entitled entire use of
the property and it's legal what he'sdoing, the property owner probably won't be
able to do anything. I thinkyou're in pretty good shape. Okay,

(30:45):
just keep yeah, yeah, youknow, keep keep that dog. Okay,
yeah, just yeah, yeah,that's what you have to do now.
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(31:49):
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to Bill Handle on Demand from KFIA M six forty