October 4, 2025 • 37 mins
Handel on the Law. Marginal Legal Replay.
See omnystudio.com/listener for privacy information.
Mark as Played
Transcript
Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:00):
You're listen Saints KFI AM six forty. The bill handles
show on demand on the iHeartRadio f This is handle
on the law, marginal legal advice. Continuing on with the
abortion wars, and it's breaking down rather dramatically between the
(00:23):
Red states and the Blue states. Keep in mind, California,
New York will always have abortion allow abortions. Matter of fact,
in California, it is in the constitution specifically that abortion
is allowed and cannot be infringed on. Then you have
some of the southern states. Louisiana is pursuing a criminal
(00:47):
case against an out of state doctor who is accused
of mailing abortion pills to a patient in the state.
This doctor, out of California, of course, is in charge
large of violating one of the state abortion bands that
have taken effect since Roe v. Wade was overturned in
twenty twenty two. And this is a growing legal battle
(01:08):
between liberal and conservative states. And the abortion medication. Actually,
the Mazippi prone is the major abortion issue because over
half the abortions are because of this drug. And what's
going on is these doctors are prescribing this abortion medication
(01:29):
via telehealth and mailing them to patients, and in Louisiana
they passed a law saying that no patient in the
state can receive this medication and no doctor can prescribe. Well,
the problem is the doctors are out of Louisiana. And
(01:49):
is it possible for someone to have broken the law. Well, sure,
because a patient, a woman taking one of these drugs
is in violation of the law. But are they really
going to come down on these women because if you
look at all the anti abortion laws, if you look
at the criminal laws, the violation of criminal laws, it's
(02:10):
never the woman, it's always the provider, it's always the doctor.
And in this case, they're going after the doctor even
though the doctor is out of state. So what's going
to happen. Well, I'm assuming that there'll be an arrest
warrant issued against that doctor, and that doctor will I'm
going to suggest never go into Louisiana. Now, are they
(02:32):
going to know when the doctor takes a vacation in
the Louisiana Of course, not getting stopped for a ticket,
that's a problem. And so that guarantees that this doctor
is simply not going to be around. And in court filings,
this woman said she and her boyfriend used her email
(02:55):
address to order the drugs from this doctor, a Californian physician,
and sent the doctor one hundred and fifty dollars. And
she's had no other contact. And she said she didn't
want to take the pills, but felt she was forced to.
And the filing the trauma of the chemical abortion still
haunts me. She's actually part of suing the doctor, who
(03:17):
she says I was forced to take the pill. I
don't know where does Louisiana find these people? I have
absolutely no idea. All right, let's take some phone calls. Joel, Hello, Joel, welcome.
Speaker 2 (03:29):
Good morning Bill. My name is Joel. Like you said,
and I've been listening to you for about twenty years.
Oh don't know that the way you will handles. Yeah,
I really I have.
Speaker 1 (03:37):
Yeah, don't say that. Okay, twenty years just what I need. Okay.
I'm sure your parents listen to me too, and your grandparents. Okay,
what can I do for you, Joe?
Speaker 2 (03:46):
Okay, So I put you to vehical about a year ago.
This is a high end vehicle. It was a used Equals.
I paid about sixty thousand dollars. It's a Honda S
two thousand club Racer edition. Okay, and uh I bought
it in as this condition, and I knew I was
buying it an as his condition I was. I was
(04:09):
a little leery about it, but I bought it anyway.
The salesperson offered an extended warranty on the on the
vehicle which would cover repairs on the engine, transmission, everything.
Speaker 1 (04:20):
Okay.
Speaker 2 (04:21):
On on thehold. Eight months after I purchased the vehicle,
the engine dies completely. I take it into Gaudi Honda
and they tell me, yep, the engine is dead. It's
not good anymore. Uh So we uh we uh placed
a uh uh we We contacted the insurance company for
(04:45):
coverage and they sent an adjuster. The adjuster went to
the dealer where the car was and they and he said, well,
you know what it looks like. This car is modified.
Uh it has a uh a filter, an air filter
that shouldn't be the way it is and it allowed
some water damage into the engine which we never modified
(05:05):
the engine. We never touched the car. We left it
as we bought it.
Speaker 1 (05:10):
Okay, Okay, so the dealer, So the assumption would be
if it was a modified engine with that air filter,
then the dealer either must have known it or they
bought it as a used vehicle with that on. There
is that correct?
Speaker 3 (05:25):
That is correct?
Speaker 4 (05:25):
Okay?
Speaker 1 (05:26):
All right, so what's your question?
Speaker 3 (05:28):
Okay?
Speaker 2 (05:28):
So my question is is we contacted them after three
weeks of going back and forth with them, they said,
you're not covered, okay, because there's there's water damage to
the engine. All right, So we however, Glaudihanda says, you
know what, there's no evidence of water damage in this
vehicle in the engine.
Speaker 1 (05:48):
Okay.
Speaker 2 (05:48):
Do I have a case?
Speaker 1 (05:49):
Yeah you do, Yeah, you have it. Certainly you have
a case. You have a case for a new engine
or an engine repair. And you've got two dollars. Yeah,
you've got two defendants here. You have the insurance company
and you have the dealership, and you.
Speaker 2 (06:04):
Let them figure it out because the dealership told the
part assist.
Speaker 1 (06:09):
That's right, okay, but it doesn't matter as well. Yeah,
maybe you have a duty as is to have a
mechanic go through it and look at it, although how
are you going to know it's a modified air filter.
That's why you see both let them try to defend it.
The problem is how much is it going to cost
to fix the engine? It's dollars all right, Well, you're
gonna need a lawyer on that. That's the problem this guy.
(06:31):
You know, you're going to need a lawyer, Joel.
Speaker 2 (06:33):
And you have a cost for arbitration on those, all.
Speaker 1 (06:36):
Right, so you go to arbitration. You go to arbitration,
but I still think you have to have someone there
or you can try it on your own to arbitrate
and you simply say this is the insurance company. They
say it was modified, and they say there's water damage.
The dealership says there's no water damage. So I would
(06:56):
you're going to have to have an independent mechanic or
someone say there's water damage. You can't just walk in
and say there's you know, the insurance company says there's
water damage. Well, then the adjuster has to come in.
I mean, it's it's going to be, uh, you know,
a battle in arbitration. There's no way around it. And
then do you bring an attorney and look at the
sales agreement, look at your insurance company, look at the
(07:21):
insurance policy and is there an attorney's fees clause in it?
And if there is, uh, then the attorney then you
can hire a lawyer and you're going to win this
some way another. Uh yeah, I think so. I think
so unless they're going to argue you did. Here's the problem.
They're gonna argue you modified it, and you're gonna yeah,
(07:42):
and how do you win a second and you say
and you say no, So neither one of you can
prove it. This is why you want to see what
the arbitrator says. And I would at least talk to
an attorney who does that kind of law. And it's
called it's administrative law, is what it is. Because you're
in I have an arbitrator. This is Handle on the Law.
(08:04):
Welcome back, Handle on the Law, Marginal legal Advice. Remy, Hi, remy,
welcome to handle on the Law. Hi.
Speaker 5 (08:17):
My eighty one year old mother called me and she
said that my brother had come down to Florida, which
is where she was living with his wife, that they
had taken her intocy an attorney. She was worried about
some changes, and she was also nervous about some doctor's
appointments they set up. She asked me to come down.
They had since left and went back to New Jersey.
(08:39):
A little backstory. In New Jersey, my mom owned a
real estate company. My brother took it over, but he
was leasing the building. The building was always due to
be inherited by me and my brother fifty to fifty.
My stepfather had passed away a few years back. And
then it became an on stop. I guess they were
calling her and saying that his wife was saying they
wanted me off that off the will. I didn't want
(09:00):
to have a situation where they had the building and
they would have to deal with me.
Speaker 3 (09:05):
So it went on and on.
Speaker 5 (09:06):
And on, and eventually they ended up buying the building,
but they bought it for I think it was maybe
twenty percent of the value.
Speaker 1 (09:14):
So they bought the building from mom. Yeah, okay, so
they bought the building front your mother value, okay, right,
in order to in order to be matter. Okay, it
doesn't matter. The will originally said the building is split
between you and your brother. They come in and your
brother buys the building. I'm assuming, okay. So with that
(09:37):
being said, all right, now.
Speaker 5 (09:38):
What so then so that happened in twenty twenty, and
then she had called me this past Christmas and said
they've been down and made changes on the wheel.
Speaker 6 (09:47):
And I said, with.
Speaker 5 (09:48):
You, I don't understand, Mom, She's you know, getting a
little forgetable. What she said, I'm really scared, Please come down.
I flew out from here to Florida and she I
did contact her state attorney. He said, you know, come
in your mom is an appointment. I went there with
my mother. He said, showed me the changes that they
had made in the will where they put my brother.
(10:09):
If my brother were to die prior to my mother,
that my sister in law would inherit it inherit it,
and if she passed, it would go to her children.
If I passed, it would go to her or my
brother if he's alive, not to my daughter. So of
course I wanted Dad taken off. But there were several
other things. I saw a lot of red flags. The lawyer,
(10:31):
you know, flat out said that he did as well.
And I said, I think you need.
Speaker 3 (10:34):
To remove those, and he said that he would do that.
Speaker 5 (10:37):
He wanted to talk to my mom.
Speaker 1 (10:38):
Well, he can't remove he's not you. He can't remove
anything unless your mother tells him. It's your mom's will,
right right, and she is and she's still and she's
still around, right.
Speaker 3 (10:52):
Right, she is.
Speaker 1 (10:53):
Okay, So he's not gonna he's not going to change
anything unless Mom says I want you to change this.
Speaker 5 (11:01):
She went and did sign when they so she did,
all right?
Speaker 1 (11:05):
So she did change yet, Okay, but yes she did.
Speaker 3 (11:09):
She did sign all right.
Speaker 5 (11:11):
She ended up saying so then she so she When
I went to Florida, I realized they were going for
power of attorney. The lawyer told me. She said she
was very scared. They were going into have an appointment
to the doctor the one day and the next day
was the lawyer Woytman. They were going to attempt to
take power of attorney. Okay, she told me, can I
come back to California with you?
Speaker 3 (11:28):
She did.
Speaker 5 (11:29):
She has not left now. She wants to stay here
with me and and I run my own business. So
I'm spending a lot less time to.
Speaker 1 (11:37):
My business, right all right? She said, by the way,
it would change.
Speaker 5 (11:40):
She wants to change the will again, so she can.
Speaker 1 (11:42):
She can change the will all she wants. I did call.
Speaker 5 (11:46):
I called the estate attorney here. I was given a
referral and they said he they said, well, you know what,
we can't take your I mean, they're going to meet
with her. But he basically told me that they would
have a psychoval and all this other stuff done for her.
Speaker 1 (11:58):
Because yeah, it makes yeah, because they want to make
sure she's lucid.
Speaker 5 (12:04):
She she's lucid, but she's forgetful.
Speaker 1 (12:07):
Well that's a problem. So that's a problem because she
has to be in her right mind to make any changes.
So you've got two issues going on here. Number one
the will itself, and that is if you're going to
argue that it was coerced, you're going to argue that
there were all kinds of issues involved, and you look
at the behavior of brother and sister in law, look
(12:29):
at all the crap they did. Also, what I would
do is try to unravel that sale to them. If
they bought it a twenty percent of market, that smells
the high heaven. You can't do that. That right on
its face is indicated that that was coercion and duress.
Oh one, you need a trust in, a state lawyer
(12:50):
just representing you to get in there and start arguing
and just going out of your mind. You've got to
fight this. How much money are you talking about? What's
the building worth? What's your mom's a state work?
Speaker 5 (13:01):
Well the building was on a low estimate one point seven.
Speaker 1 (13:05):
Okay, So all right, okay, Well that's crazy, that's crazy. Okay,
how much else is your mom worth? Outside of the building.
Speaker 5 (13:14):
There's the other four homes are worth probably three million.
Speaker 1 (13:17):
Okay, you've got all right. This is a remy, remy, remy.
You need a trust an a state lawyer like immediately,
like instantly, like right now when you hang up, even
though it's the weekend like yesterday. Uh, and you've got
to unravel all of that based on what you say.
It can be done, it has to be done. You
are getting screwed. You are getting screwed, beyond screwed. And they,
(13:41):
based on what you say, they are taking taking such
advantage of your mom that it's uh, well, the court
assuming that what you.
Speaker 5 (13:50):
Say, she doesn't want to leave, she doesn't want to
go back.
Speaker 1 (13:52):
It doesn't matter you do it here in California. It
doesn't matter you do it here in California, and they
will apply uh new law. You need to trust in
a state lawyer like immediately. I mean, geez, Louise, that's
how you family, don't you love it? Family? Family? Family? Frank? Hello, Frank, welcome, Yeah, will.
Speaker 7 (14:16):
Handle Thank you were taking my call?
Speaker 1 (14:18):
Sure?
Speaker 7 (14:18):
Where'st of all? I'm retired, I have a union, pensions
and social Security. On my Social Security nine thousand dollars
was stolen? Put claims?
Speaker 1 (14:31):
Okay, wait a stone, hold on, hold on, let me
ask you a question on your Social Security nine thousand
dollars was stolen. Is this your bank account? Just your
bank account that it was deposited in, right, Yes, okay,
so it wasn't it? Just it doesn't matter where the
money comes from. In this case, it was social Security.
If the money comes from pension, it goes in the
same account, then it's your pension.
Speaker 3 (14:50):
So okay, No, I.
Speaker 1 (14:56):
Understand, But it's bank accounts that where the money was
taken from. No one inners accepted your social Security checks
and cash them. It's from the bank account, okay, got it? Okay,
So your bank So someone break into your bank accounts
and they got nine thousand dollars. Okay, now okay, all right,
let's move on.
Speaker 3 (15:14):
I put a.
Speaker 7 (15:15):
Plane to claims with a bank, okay, and then I'll
I'll put a plane with a police department. This happened
in January. I call back, the bank doesn't give me
any response, and the police doesn't have any response. Can
I do anything about it?
Speaker 1 (15:32):
Well, as far as the police is concerned, No, If
they don't want to take it. They don't take it.
That's their call. And there's they'll say this is a
civil matter, and yeah, no, one wants to deal with that.
And there isn't enough money. Nine thousand dollars theft to
the cops being absolutely nothing. They're too busy dealing with
quarter of a million or million dollars thefts and they
(15:52):
don't have enough cops for that. Now the issue is
the bank.
Speaker 8 (15:57):
Uh, and the money just.
Speaker 1 (16:00):
Oh and maybe not. No, no, you want to make
you They just won't even return your phone calls or
your emails.
Speaker 7 (16:09):
No, the people that stole they try to take the
accounts and no, no it doesn't matter.
Speaker 1 (16:15):
No, it doesn't matter. Does it doesn't matter? I don't
care what they tried to do. What they got is
nine thousand dollars from your account, correct, And the bank
won't even respond. Is that what you're saying?
Speaker 7 (16:27):
Exactly?
Speaker 1 (16:28):
Why don't you? When did you walk into the bank
and talk to a manager actually the.
Speaker 7 (16:34):
Bank to go with my soldiercurity, And all I do
is talk to them over the phone.
Speaker 1 (16:39):
No, don't do that. Walk in, walk in and talk
to a human being.
Speaker 7 (16:43):
Okay, And then you talk to the manager and then
you go up and then.
Speaker 1 (16:48):
You go up the food chain. That's what you have
to do.
Speaker 7 (16:51):
I'm talking about that at the place.
Speaker 1 (16:53):
All right, I'm pub losing you. Yeah, okay, did you
just thank me very much? Okay, go figure. This is
Handle on the Law. You're listening to bill Handle on
demand from KF. I am six forty Welcome back, marginal
(17:14):
legal addvice where I tell you you have no case? Okay, Vivian, Hi, Vivian, welcome.
Speaker 3 (17:23):
Thank you. I was in a minor car accident.
Speaker 9 (17:29):
Then my three months later, after I finished the therapy,
the treatment, my attorney dropped my case. So now I
I just received a bill from the chiropractor almost seven
(17:51):
dollars that if I don't pay, they can atturn it
to collections.
Speaker 1 (17:57):
Yeah they probably are. Yeah, they probably they are going
to turn you to collections. Let's let's start with some
personal stuff from you. How old are you, Vivian? Okay,
By the way, that's relevant. Usually I ask people how
old they are just to make fun of them, just
(18:17):
to say things like it sounds like you're going to
die before this conversation is over. This is relevant, okay.
And so here is the issue about your attorney dropping
the case. You are you are an elder person. According
to the law, you relied all on this attorney who
(18:41):
then referred you to this refer you to this chiropractor
or whatever medical provider that is. And the deal is
a normal personal injury cases, Vivian, is that the lawyer
takes a third of the money, the therapist gets a
third of the money. Let's say it's a fifteen thousand
(19:02):
dollars settlement. Five thousand goes to you, lawyer gets five thousand,
and the medical provider gets five thousand. Except if you
have a good lawyer, we'll negotiate with the chiropractor to
bring the chiropractor way down to get you some more money. Clearly,
the attorney screwed you over here, Vivian, especially by dropping
(19:23):
your case. I would call the lawyer and say, hey,
we have a real issue here. You're the one that
sent me there. I encourage seven thousand dollars worth of
bills because of you. Straighten this out. Now comes the
problem that you may have, and that is, are you
(19:46):
actually arguing that you didn't need seven thousand dollars worth
of medical work? Which means that you were getting seven
thousand dollars to increase what your going to be given
under a settlement. So it gets a little complicated because
you're sort of stuck between a rock and a hard place. Yeah,
(20:09):
they gave me seven thousand dollars. No, I really didn't
need it. I've been overcharged. But yeah, it's just it's
a mess. So I would get the attorney involved on
this one. Now again, the reason I'm asking you you're
clearly on Social Security is that all the money you
have Vivian. Yeah, okay, you live on Social Security and
(20:29):
that's it, right, correct. Okay, So now you're going to
call by a collection person who says you owe seven
thousand dollars, what do you want to do? And you
get to say, I'm on Social Security. That's it, that's
my entire income. They can't go after social Security, Vivian.
Social Security payments are yours. Those are you can't attack those.
(20:54):
So which is a home all right? But they're not
going to grab your house. I doubt they're going to
grab your house for seven thousand dollars.
Speaker 3 (21:03):
Okay, something.
Speaker 9 (21:06):
It's my car insurance responsible for.
Speaker 1 (21:09):
It, probably, Yeah, absolutely, that was the other question. I
was going to go sure your car insurance will pay
for it if assuming you have beyond just liability, if
you have comprehension, which okay, then yes, here's the problem.
Usually they're in your policy is you have to submit
(21:30):
within thirty days, and you didn't submit within thirty days
to have your insurance cover it. However, you're arguing with
your insurance exactly. Well, that's one. That's one. That's good.
That's one point. And the other point is that the
other side accepted liability, or theoretically accept liability. So you know,
(21:53):
the interesting part is that push comes to shove and
there you are looking at a seven thousand dollars bill
and I'd sue the attorney. You could do that in
small claims court too, So you've got some ways to
go here, there's different avenues to go, and you know
what I would do. Go ahead.
Speaker 3 (22:15):
I also been requesting my file from the.
Speaker 1 (22:19):
Oh yeah, they have to give that to you. They
won't give it to you. No, okay, Well that's a
complaint to the state bar. You tell them you have
to give me my file belongs to me, and if
you don't give it to me within ten days, are
reporting to the state bar. That's the easy one. Susie, Hi,
welcome to handle on the law.
Speaker 10 (22:39):
Still, my friend and her family attended a church and
apparently there's been some kind of misappreciation going on in
the past and the church. Well, my friend's son, who's
an adult now, he's in his twenties. When he was
a minor in middle school, him and one of the
other church River's kid had some misappropriate conducts. So now
(23:00):
this is all coming out and the church is telling
her that they're going to announce her son's name or
for the whole congregation so they'll know who this was.
Speaker 3 (23:09):
Can they do that?
Speaker 1 (23:11):
Well, yeah, I mean they can. You can do anything
you want. The question is there a liability? You know,
and it's a bad idea? Is it true? Is it defamation?
And you want to ask why are they doing that?
And how long ago did this happen?
Speaker 3 (23:29):
It's been at least ten years.
Speaker 1 (23:31):
Who cares? Or you only ask me who cares ten
years ago? Susie Literally, well.
Speaker 3 (23:37):
That's what we're thinking too, But they're going to it happened.
Speaker 1 (23:41):
Ten years ago. The guy was a kid, he's an
adult now. I mean, let me ask you this. You're
sitting there in church, right and all of a sudden.
Is it the pastor who's going to stand up and
say this is what happened. Yes, okay, so the pastor.
Why would the pastor do that, by the way, ten
years after.
Speaker 10 (23:58):
The fact, Because now there's some things that people are
threatening to pursue the church because of past mispro What
sue the church for?
Speaker 1 (24:07):
Wait a second, sue the church for what?
Speaker 3 (24:09):
I don't I'm baffled by it.
Speaker 1 (24:12):
To Bill, Okay, so here's a couple of here's a
couple Okay, here's a couple of things. So now you
hear the pastor say something about someone else's kid. Uh,
and it happened ten years ago. Now when you say
inappropriate conduct, how inappropriate are we talking about, Susie.
Speaker 3 (24:31):
I think there was some touching going on, some what touching?
Speaker 1 (24:37):
Oh so touching that sexual conduct? Okay, well all right,
let's get that gets a little bit more serious that accusation. Okay,
it's not just they got into a fight. They stole something. Okay, yeah,
a couple of things. I mean, can you stop the
pastor from doing it?
Speaker 8 (24:53):
No?
Speaker 1 (24:53):
And by the way, at what point do you stay
in a church where a pastor would do that?
Speaker 3 (25:00):
I agree?
Speaker 1 (25:01):
Yeah, you just get the hell out of Dodge, that's all.
And you obviously want to go to a church where
the pastor has you know, a little bit of compassion
because you know why and what we don't even know
what they're gonna the uh, he's the church's going to
be suited for and the and the question is we
won't sue you if you mentioned his name. I mean,
(25:21):
I don't get any of that. So you have a
gutlass pastor. You have pastor that probably, under these circumstances,
shouldn't be a pastor clearly doesn't care about his clergy,
his flock. And so you know, it's not like there
aren't churches on every corner. Susie true Well.
Speaker 10 (25:40):
Heard the pastor say that he's his legal counsel is
telling her that they have to be transparent about any
kind of misconduct going on.
Speaker 1 (25:49):
Not ten years ago. They don't not ten years ago.
Speaker 3 (25:56):
They may have to be.
Speaker 1 (25:57):
Transparent about misconduct now. And I wonder I think even
pastors are held to the law. For example, if there
is well not sexual misconduct, child abuse is it? Child
abuse is all? I mean? Sexual misconduct? Have him ten
years ago? No, I don't think there's any any requirement.
(26:20):
So counsel is giving not particularly good advice, and you
want to get the hell out of there anyway. Even
if the pastor is considering doing that, you have a
gutlass pastor who certainly isn't very And I'm putting in
quotes now, Christian, come on, do you do that to people? No?
This is handle on the law. Welcome back, handle on
(26:41):
the law, marginal legal advice. Hi, Jerry, welcome to handle
on the law.
Speaker 6 (26:48):
Thanks Bill. I have a house in a track that's
fairly hilly, and the house next door is on a
pad that's about six feet higher than my pad. The dirt, somebody,
I don't think. I don't think the builders, you know,
put in a retaining wall. They just sloped it down. Well,
the dirt has now keeps coming over and it's knocked
(27:11):
down the retaining wall that was put in. It was
a retaining wall put in before we bought the property.
Speaker 1 (27:16):
All right, who's the property on Who's property to pay
for the repair? Whose property is on the retaining wall?
Speaker 6 (27:23):
I think the property and the retaining wall is on
our property.
Speaker 1 (27:27):
Okay? And his dirt damaged your retaining wall? Correct?
Speaker 6 (27:32):
Pushed it over?
Speaker 3 (27:32):
Yes?
Speaker 1 (27:33):
Oh yeah, he's responsible. Oh good, Oh yeah, absolutely, he's irresponsible.
And there may or may not be insurance. How much
it is going to cost to fix this thing, you know,
maybe fifteen.
Speaker 6 (27:43):
Hundred to two thousand bucks. I'm I'm just happy if
he'd split it with us.
Speaker 1 (27:46):
That's let me tell you. You don't have to do that. Okay, yeah,
you don't have to. If you're willing to split it,
then you're the men's here. You're the good guy. And
you call him up and say, hey, I just talked
to an attorney. Just find out where I see. I
don't mention my name because they'll start laughing. I was
talking to an attorney and he said, you're responsible for this,
(28:06):
but I'll tell you what, let's split it. And who
in their right mind is going to say no? Would
you say no? I wouldn't say no.
Speaker 6 (28:16):
Okay, Well, just a little a little more information. Our
retaining wall is probably a foot to two feet past
our dividing line between the property, but it's his dirt
that's pushing it over. I think whoever own the house
before put that retaining wall? Okay, does that flow from
you know, coming to our property.
Speaker 1 (28:35):
But he's still responsible because it's great. Yeah, I would
argue he's still responsible. The only argument you can make
is you pushed you put up the retaining wall, and
you did it negligently. You didn't do it correctly, or
it was put in correct incorrectly, and the statute has passed.
We don't even know who built it. The builder has disappeared.
(28:56):
I mean any number of things. I mean, theoretically, go
after the builder, assume mean that the builder did it.
But in the end, fifteen hundred bucks, you guys split
it and you're done. That makes all the sense to me.
Good for you for saying that. Hello, Paul, welcome to
handle on the law. Oh here, did you'll speaker phone? Yeah,
that would be good.
Speaker 4 (29:17):
Hey, you know, thanks for taking my.
Speaker 1 (29:18):
Call real quick?
Speaker 4 (29:20):
Are you?
Speaker 3 (29:20):
This week?
Speaker 4 (29:21):
I was I was in a major supermarket, was in
the back of the market by the deli. Got detained
by two store employees, permarently just one stock stock clerk.
She indicated it was a female, indicated that I was
stealing from the store. There was no you know, I
(29:42):
demanded that there's no theft occurred, okay, And you know
I was just dressed, you know, in fact, I just
very handsomely, you know, well.
Speaker 1 (29:51):
There you go. There's a difference. There's your defense. I
was dressed handsodly, handsomely, and therefore I couldn't have stolen
because no one who dressed as well.
Speaker 4 (29:58):
Nevertheless, I told her to call the police, call the miniager,
and she's called me a thie three times. All right,
some other obscene derogatories threw me out of the market.
Speaker 3 (30:08):
I was just shocked in the kneze.
Speaker 4 (30:09):
I just can't believe what just occurred.
Speaker 1 (30:11):
Right real quick.
Speaker 4 (30:13):
I called the miniager up on the phone from the
parking lot. He you know, apologized to me like four
thousand times, said, you know, give me a good certificate.
I said, I don't want it. You know, I'm gonna
go see some you know, I'm gonna try to see
you know, legal aid.
Speaker 1 (30:27):
What's your what's your question, Paul at California?
Speaker 4 (30:30):
I guess there's no uh, I guess what I'm finding out.
Speaker 3 (30:33):
There's no really law against it.
Speaker 1 (30:35):
No, no, there isn't. I don't think in any state
there's a law against it. So let's talk about what
they did. When you said I was detained, how long
was that?
Speaker 4 (30:44):
My detention was about five minutes?
Speaker 1 (30:47):
Okay, So what they did is to check to see
if you've stolen, because they thought you stole something, okay,
and when they realized you didn't, they let you go.
They let you go, so.
Speaker 4 (30:58):
They threw no, they threw me out of the market.
Speaker 1 (31:01):
They have a right to do that.
Speaker 3 (31:02):
They have a right.
Speaker 1 (31:03):
They have a right, Paul, they have a right to
do that too. They have a right to do that.
They absolutely have a right to toss you out, and
they absolutely have a right you're not coming back. And
they also have a right to say, hey, I think
you're dressed way too good for coming in this market.
They have the right to do that. Then the issue
is how long they detained you. If they detained you
(31:25):
beyond the point of ascertaining that you didn't steal, they
detained you for half an hour. If they detained you
for an hour, that is detainment. Detaining you for five
minutes to ascertain whether or not you've stolen, that's legitimate.
Calling you dirty, filthy names, derogatory, being racist, perfectly legal.
(31:47):
They absolutely have the right to do that. To call
the manager, it doesn't matter, it doesn't matter. They have
every right to yell at you. Now, maybe against store policy.
They may get fired for it, but it is a
First Amendment issue. They have the right to detain you
(32:09):
for enough time to see if you've stolen. They have
the right to call you every name in the book,
and they have a right to ban you, throw you
out of the store and say, nah, we don't like him.
I don't like the way he talked to me. I
don't like the way he looked. I don't like the
way you know that he walked around and it made
him and he looked like he was stealing. They can
(32:30):
do all that. You don't have it. You don't have
a fundamental right to go into a store. Why would
you want to go to a store back anyway? Who
did that? I mean, how would you return to.
Speaker 4 (32:37):
That kind of I'm not That's not my issue. The
issue is, you know, do I at least have a
small thing?
Speaker 1 (32:43):
No? No, no, what are you assume him for? What
are you gonn assume him for? You? No? The wait
is that they called you names. They go in the
store and say, hey, Paul just stole from us, Paul
is a thief? Did they do that? Did they go
on the loud speaker and say that. Did they stop
people in the parking lot and say Hey, come over here.
(33:03):
I want to show you a thief. Did they do that?
Speaker 4 (33:07):
There's enough people that cause alarm that everybody looked at me?
Speaker 1 (33:12):
Who is everybody?
Speaker 4 (33:14):
I mean just bystanders.
Speaker 1 (33:15):
I mean okay, and by the way, let me ask you,
how are you defamed if they don't know who you are? Yeh,
goodness A good point. Yeah, that is the point among others.
Oh and I understand him being pissed off. I would too.
I would be angry you called me names. I didn't
steal anything. You got employees that are willing to do this.
(33:37):
If I were the manager, i'd fire those people. But
none of that is illegal, not one of them. Jennifer, Hello, Jennifer, welcome.
Speaker 4 (33:48):
Hello.
Speaker 8 (33:48):
I wanted to ask you a question regarding a family
member who died some I believe medical malpractice. The family
member had a pre existing condition which required one daily
support for all medical needs. They entered an ic you
for an infection. They were given a medication which required
a ventilation and that was not done after that. They
(34:12):
had respiratory sailor that was one of the conditions that
was what could happen because of the medification, not getting
having a ventilator and the person died. Is there a case?
Speaker 1 (34:23):
Yeah, probably based on what you said. Yeah, if they
knew what was going on and they knew that the
medication causes ventilation problems and they didn't supply the ventilation,
sure seems like a case to me. Now you don't know,
I don't know what else is going on. So at
this point, this point you get a medical malpractice attorney,
(34:44):
you go for it. If nothing else, just based on
what you said, a med mal attorney is going to
deal with it.
Speaker 8 (34:51):
Person had severe a severe infection.
Speaker 1 (34:54):
Well that's it, you know. But that's one of the issues.
The argument is going to be is it a he
or she who died? Ok So they're going to argue
he would have died anyway, that's true. Okay, that is,
But this is what the med mal attorney looks at.
So the med mal attorney pulls all the medical records,
hands it to a doctor to look at the medical
(35:17):
records and either tells you, no, we don't have anything here,
there's too many defenses, or Yep, we have him and
we're going to go forward. So go to handle on
the law dot com and just talk to a med
maal attorney. And that's a. That's a good question based
on what you said.
Speaker 8 (35:33):
As another question, since this person had no income required
one hundred percent support. I'm concerned about the damage issue
because when you.
Speaker 1 (35:41):
It's a wrongful death, it's a wrongful death. It's not
the person who died that's suing his family members that
are suing.
Speaker 8 (35:47):
Okay, so you think it would be worth looking into.
Speaker 1 (35:50):
I certainly would. It's not going to cost you anything.
Speaker 8 (35:52):
Okay, very good, Thank you very much.
Speaker 3 (35:54):
Okay.
Speaker 1 (35:55):
By now you know, I'm a huge fan of Zelman's matter.
In fact, I have them right around me all the time.
Right here in my studio. I have a pack of Zelmans.
And it's all about having good breath. Now, I wake
up in the morning like you do, and I have
morning breath. I mean that's a given. You drink coffee
like I do, you have coffee breath. And if you
eat the way I do, a lot of garlic onions,
(36:16):
for example, in the morning, and for some reason, I
love locks and bagels these days. I smell like smoked salmon.
That's my breath. And if you're concerned about fresh breath
and you want it to last for hours and hours,
Zelmans is the answer. These little capsules that you suck
the mint off, and then you bite into them or
swallow them, and they go to work in your gut
where bad breath or smelly breath can start. Go to
(36:38):
Zelmans dot com Zelmans dot com and you'll see how
well this works. Zelmans Z E L M I N S.
Use the code KFI. That's Zelmans dot Com code KFI.
This is Handle on the Law.
Speaker 6 (36:55):
You're listening to Bill Handle on Demand from KFI AM
six forty
You're listen Saints KFI AM six forty. The bill handles
show on demand on the iHeartRadio f This is handle
on the law, marginal legal advice. Continuing on with the
abortion wars, and it's breaking down rather dramatically between the
(00:23):
Red states and the Blue states. Keep in mind, California,
New York will always have abortion allow abortions. Matter of fact,
in California, it is in the constitution specifically that abortion
is allowed and cannot be infringed on. Then you have
some of the southern states. Louisiana is pursuing a criminal
(00:47):
case against an out of state doctor who is accused
of mailing abortion pills to a patient in the state.
This doctor, out of California, of course, is in charge
large of violating one of the state abortion bands that
have taken effect since Roe v. Wade was overturned in
twenty twenty two. And this is a growing legal battle
(01:08):
between liberal and conservative states. And the abortion medication. Actually,
the Mazippi prone is the major abortion issue because over
half the abortions are because of this drug. And what's
going on is these doctors are prescribing this abortion medication
(01:29):
via telehealth and mailing them to patients, and in Louisiana
they passed a law saying that no patient in the
state can receive this medication and no doctor can prescribe. Well,
the problem is the doctors are out of Louisiana. And
(01:49):
is it possible for someone to have broken the law. Well, sure,
because a patient, a woman taking one of these drugs
is in violation of the law. But are they really
going to come down on these women because if you
look at all the anti abortion laws, if you look
at the criminal laws, the violation of criminal laws, it's
(02:10):
never the woman, it's always the provider, it's always the doctor.
And in this case, they're going after the doctor even
though the doctor is out of state. So what's going
to happen. Well, I'm assuming that there'll be an arrest
warrant issued against that doctor, and that doctor will I'm
going to suggest never go into Louisiana. Now, are they
(02:32):
going to know when the doctor takes a vacation in
the Louisiana Of course, not getting stopped for a ticket,
that's a problem. And so that guarantees that this doctor
is simply not going to be around. And in court filings,
this woman said she and her boyfriend used her email
(02:55):
address to order the drugs from this doctor, a Californian physician,
and sent the doctor one hundred and fifty dollars. And
she's had no other contact. And she said she didn't
want to take the pills, but felt she was forced to.
And the filing the trauma of the chemical abortion still
haunts me. She's actually part of suing the doctor, who
(03:17):
she says I was forced to take the pill. I
don't know where does Louisiana find these people? I have
absolutely no idea. All right, let's take some phone calls. Joel, Hello, Joel, welcome.
Speaker 2 (03:29):
Good morning Bill. My name is Joel. Like you said,
and I've been listening to you for about twenty years.
Oh don't know that the way you will handles. Yeah,
I really I have.
Speaker 1 (03:37):
Yeah, don't say that. Okay, twenty years just what I need. Okay.
I'm sure your parents listen to me too, and your grandparents. Okay,
what can I do for you, Joe?
Speaker 2 (03:46):
Okay, So I put you to vehical about a year ago.
This is a high end vehicle. It was a used Equals.
I paid about sixty thousand dollars. It's a Honda S
two thousand club Racer edition. Okay, and uh I bought
it in as this condition, and I knew I was
buying it an as his condition I was. I was
(04:09):
a little leery about it, but I bought it anyway.
The salesperson offered an extended warranty on the on the
vehicle which would cover repairs on the engine, transmission, everything.
Speaker 1 (04:20):
Okay.
Speaker 2 (04:21):
On on thehold. Eight months after I purchased the vehicle,
the engine dies completely. I take it into Gaudi Honda
and they tell me, yep, the engine is dead. It's
not good anymore. Uh So we uh we uh placed
a uh uh we We contacted the insurance company for
(04:45):
coverage and they sent an adjuster. The adjuster went to
the dealer where the car was and they and he said, well,
you know what it looks like. This car is modified.
Uh it has a uh a filter, an air filter
that shouldn't be the way it is and it allowed
some water damage into the engine which we never modified
(05:05):
the engine. We never touched the car. We left it
as we bought it.
Speaker 1 (05:10):
Okay, Okay, so the dealer, So the assumption would be
if it was a modified engine with that air filter,
then the dealer either must have known it or they
bought it as a used vehicle with that on. There
is that correct?
Speaker 3 (05:25):
That is correct?
Speaker 4 (05:25):
Okay?
Speaker 1 (05:26):
All right, so what's your question?
Speaker 3 (05:28):
Okay?
Speaker 2 (05:28):
So my question is is we contacted them after three
weeks of going back and forth with them, they said,
you're not covered, okay, because there's there's water damage to
the engine. All right, So we however, Glaudihanda says, you
know what, there's no evidence of water damage in this
vehicle in the engine.
Speaker 1 (05:48):
Okay.
Speaker 2 (05:48):
Do I have a case?
Speaker 1 (05:49):
Yeah you do, Yeah, you have it. Certainly you have
a case. You have a case for a new engine
or an engine repair. And you've got two dollars. Yeah,
you've got two defendants here. You have the insurance company
and you have the dealership, and you.
Speaker 2 (06:04):
Let them figure it out because the dealership told the
part assist.
Speaker 1 (06:09):
That's right, okay, but it doesn't matter as well. Yeah,
maybe you have a duty as is to have a
mechanic go through it and look at it, although how
are you going to know it's a modified air filter.
That's why you see both let them try to defend it.
The problem is how much is it going to cost
to fix the engine? It's dollars all right, Well, you're
gonna need a lawyer on that. That's the problem this guy.
(06:31):
You know, you're going to need a lawyer, Joel.
Speaker 2 (06:33):
And you have a cost for arbitration on those, all.
Speaker 1 (06:36):
Right, so you go to arbitration. You go to arbitration,
but I still think you have to have someone there
or you can try it on your own to arbitrate
and you simply say this is the insurance company. They
say it was modified, and they say there's water damage.
The dealership says there's no water damage. So I would
(06:56):
you're going to have to have an independent mechanic or
someone say there's water damage. You can't just walk in
and say there's you know, the insurance company says there's
water damage. Well, then the adjuster has to come in.
I mean, it's it's going to be, uh, you know,
a battle in arbitration. There's no way around it. And
then do you bring an attorney and look at the
sales agreement, look at your insurance company, look at the
(07:21):
insurance policy and is there an attorney's fees clause in it?
And if there is, uh, then the attorney then you
can hire a lawyer and you're going to win this
some way another. Uh yeah, I think so. I think
so unless they're going to argue you did. Here's the problem.
They're gonna argue you modified it, and you're gonna yeah,
(07:42):
and how do you win a second and you say
and you say no, So neither one of you can
prove it. This is why you want to see what
the arbitrator says. And I would at least talk to
an attorney who does that kind of law. And it's
called it's administrative law, is what it is. Because you're
in I have an arbitrator. This is Handle on the Law.
(08:04):
Welcome back, Handle on the Law, Marginal legal Advice. Remy, Hi, remy,
welcome to handle on the Law. Hi.
Speaker 5 (08:17):
My eighty one year old mother called me and she
said that my brother had come down to Florida, which
is where she was living with his wife, that they
had taken her intocy an attorney. She was worried about
some changes, and she was also nervous about some doctor's
appointments they set up. She asked me to come down.
They had since left and went back to New Jersey.
(08:39):
A little backstory. In New Jersey, my mom owned a
real estate company. My brother took it over, but he
was leasing the building. The building was always due to
be inherited by me and my brother fifty to fifty.
My stepfather had passed away a few years back. And
then it became an on stop. I guess they were
calling her and saying that his wife was saying they
wanted me off that off the will. I didn't want
(09:00):
to have a situation where they had the building and
they would have to deal with me.
Speaker 3 (09:05):
So it went on and on.
Speaker 5 (09:06):
And on, and eventually they ended up buying the building,
but they bought it for I think it was maybe
twenty percent of the value.
Speaker 1 (09:14):
So they bought the building from mom. Yeah, okay, so
they bought the building front your mother value, okay, right,
in order to in order to be matter. Okay, it
doesn't matter. The will originally said the building is split
between you and your brother. They come in and your
brother buys the building. I'm assuming, okay. So with that
(09:37):
being said, all right, now.
Speaker 5 (09:38):
What so then so that happened in twenty twenty, and
then she had called me this past Christmas and said
they've been down and made changes on the wheel.
Speaker 6 (09:47):
And I said, with.
Speaker 5 (09:48):
You, I don't understand, Mom, She's you know, getting a
little forgetable. What she said, I'm really scared, Please come down.
I flew out from here to Florida and she I
did contact her state attorney. He said, you know, come
in your mom is an appointment. I went there with
my mother. He said, showed me the changes that they
had made in the will where they put my brother.
(10:09):
If my brother were to die prior to my mother,
that my sister in law would inherit it inherit it,
and if she passed, it would go to her children.
If I passed, it would go to her or my
brother if he's alive, not to my daughter. So of
course I wanted Dad taken off. But there were several
other things. I saw a lot of red flags. The lawyer,
(10:31):
you know, flat out said that he did as well.
And I said, I think you need.
Speaker 3 (10:34):
To remove those, and he said that he would do that.
Speaker 5 (10:37):
He wanted to talk to my mom.
Speaker 1 (10:38):
Well, he can't remove he's not you. He can't remove
anything unless your mother tells him. It's your mom's will,
right right, and she is and she's still and she's
still around, right.
Speaker 3 (10:52):
Right, she is.
Speaker 1 (10:53):
Okay, So he's not gonna he's not going to change
anything unless Mom says I want you to change this.
Speaker 5 (11:01):
She went and did sign when they so she did,
all right?
Speaker 1 (11:05):
So she did change yet, Okay, but yes she did.
Speaker 3 (11:09):
She did sign all right.
Speaker 5 (11:11):
She ended up saying so then she so she When
I went to Florida, I realized they were going for
power of attorney. The lawyer told me. She said she
was very scared. They were going into have an appointment
to the doctor the one day and the next day
was the lawyer Woytman. They were going to attempt to
take power of attorney. Okay, she told me, can I
come back to California with you?
Speaker 3 (11:28):
She did.
Speaker 5 (11:29):
She has not left now. She wants to stay here
with me and and I run my own business. So
I'm spending a lot less time to.
Speaker 1 (11:37):
My business, right all right? She said, by the way,
it would change.
Speaker 5 (11:40):
She wants to change the will again, so she can.
Speaker 1 (11:42):
She can change the will all she wants. I did call.
Speaker 5 (11:46):
I called the estate attorney here. I was given a
referral and they said he they said, well, you know what,
we can't take your I mean, they're going to meet
with her. But he basically told me that they would
have a psychoval and all this other stuff done for her.
Speaker 1 (11:58):
Because yeah, it makes yeah, because they want to make
sure she's lucid.
Speaker 5 (12:04):
She she's lucid, but she's forgetful.
Speaker 1 (12:07):
Well that's a problem. So that's a problem because she
has to be in her right mind to make any changes.
So you've got two issues going on here. Number one
the will itself, and that is if you're going to
argue that it was coerced, you're going to argue that
there were all kinds of issues involved, and you look
at the behavior of brother and sister in law, look
(12:29):
at all the crap they did. Also, what I would
do is try to unravel that sale to them. If
they bought it a twenty percent of market, that smells
the high heaven. You can't do that. That right on
its face is indicated that that was coercion and duress.
Oh one, you need a trust in, a state lawyer
(12:50):
just representing you to get in there and start arguing
and just going out of your mind. You've got to
fight this. How much money are you talking about? What's
the building worth? What's your mom's a state work?
Speaker 5 (13:01):
Well the building was on a low estimate one point seven.
Speaker 1 (13:05):
Okay, So all right, okay, Well that's crazy, that's crazy. Okay,
how much else is your mom worth? Outside of the building.
Speaker 5 (13:14):
There's the other four homes are worth probably three million.
Speaker 1 (13:17):
Okay, you've got all right. This is a remy, remy, remy.
You need a trust an a state lawyer like immediately,
like instantly, like right now when you hang up, even
though it's the weekend like yesterday. Uh, and you've got
to unravel all of that based on what you say.
It can be done, it has to be done. You
are getting screwed. You are getting screwed, beyond screwed. And they,
(13:41):
based on what you say, they are taking taking such
advantage of your mom that it's uh, well, the court
assuming that what you.
Speaker 5 (13:50):
Say, she doesn't want to leave, she doesn't want to
go back.
Speaker 1 (13:52):
It doesn't matter you do it here in California. It
doesn't matter you do it here in California, and they
will apply uh new law. You need to trust in
a state lawyer like immediately. I mean, geez, Louise, that's
how you family, don't you love it? Family? Family? Family? Frank? Hello, Frank, welcome, Yeah, will.
Speaker 7 (14:16):
Handle Thank you were taking my call?
Speaker 1 (14:18):
Sure?
Speaker 7 (14:18):
Where'st of all? I'm retired, I have a union, pensions
and social Security. On my Social Security nine thousand dollars
was stolen? Put claims?
Speaker 1 (14:31):
Okay, wait a stone, hold on, hold on, let me
ask you a question on your Social Security nine thousand
dollars was stolen. Is this your bank account? Just your
bank account that it was deposited in, right, Yes, okay,
so it wasn't it? Just it doesn't matter where the
money comes from. In this case, it was social Security.
If the money comes from pension, it goes in the
same account, then it's your pension.
Speaker 3 (14:50):
So okay, No, I.
Speaker 1 (14:56):
Understand, But it's bank accounts that where the money was
taken from. No one inners accepted your social Security checks
and cash them. It's from the bank account, okay, got it? Okay,
So your bank So someone break into your bank accounts
and they got nine thousand dollars. Okay, now okay, all right,
let's move on.
Speaker 3 (15:14):
I put a.
Speaker 7 (15:15):
Plane to claims with a bank, okay, and then I'll
I'll put a plane with a police department. This happened
in January. I call back, the bank doesn't give me
any response, and the police doesn't have any response. Can
I do anything about it?
Speaker 1 (15:32):
Well, as far as the police is concerned, No, If
they don't want to take it. They don't take it.
That's their call. And there's they'll say this is a
civil matter, and yeah, no, one wants to deal with that.
And there isn't enough money. Nine thousand dollars theft to
the cops being absolutely nothing. They're too busy dealing with
quarter of a million or million dollars thefts and they
(15:52):
don't have enough cops for that. Now the issue is
the bank.
Speaker 8 (15:57):
Uh, and the money just.
Speaker 1 (16:00):
Oh and maybe not. No, no, you want to make
you They just won't even return your phone calls or
your emails.
Speaker 7 (16:09):
No, the people that stole they try to take the
accounts and no, no it doesn't matter.
Speaker 1 (16:15):
No, it doesn't matter. Does it doesn't matter? I don't
care what they tried to do. What they got is
nine thousand dollars from your account, correct, And the bank
won't even respond. Is that what you're saying?
Speaker 7 (16:27):
Exactly?
Speaker 1 (16:28):
Why don't you? When did you walk into the bank
and talk to a manager actually the.
Speaker 7 (16:34):
Bank to go with my soldiercurity, And all I do
is talk to them over the phone.
Speaker 1 (16:39):
No, don't do that. Walk in, walk in and talk
to a human being.
Speaker 7 (16:43):
Okay, And then you talk to the manager and then
you go up and then.
Speaker 1 (16:48):
You go up the food chain. That's what you have
to do.
Speaker 7 (16:51):
I'm talking about that at the place.
Speaker 1 (16:53):
All right, I'm pub losing you. Yeah, okay, did you
just thank me very much? Okay, go figure. This is
Handle on the Law. You're listening to bill Handle on
demand from KF. I am six forty Welcome back, marginal
(17:14):
legal addvice where I tell you you have no case? Okay, Vivian, Hi, Vivian, welcome.
Speaker 3 (17:23):
Thank you. I was in a minor car accident.
Speaker 9 (17:29):
Then my three months later, after I finished the therapy,
the treatment, my attorney dropped my case. So now I
I just received a bill from the chiropractor almost seven
(17:51):
dollars that if I don't pay, they can atturn it
to collections.
Speaker 1 (17:57):
Yeah they probably are. Yeah, they probably they are going
to turn you to collections. Let's let's start with some
personal stuff from you. How old are you, Vivian? Okay,
By the way, that's relevant. Usually I ask people how
old they are just to make fun of them, just
(18:17):
to say things like it sounds like you're going to
die before this conversation is over. This is relevant, okay.
And so here is the issue about your attorney dropping
the case. You are you are an elder person. According
to the law, you relied all on this attorney who
(18:41):
then referred you to this refer you to this chiropractor
or whatever medical provider that is. And the deal is
a normal personal injury cases, Vivian, is that the lawyer
takes a third of the money, the therapist gets a
third of the money. Let's say it's a fifteen thousand
(19:02):
dollars settlement. Five thousand goes to you, lawyer gets five thousand,
and the medical provider gets five thousand. Except if you
have a good lawyer, we'll negotiate with the chiropractor to
bring the chiropractor way down to get you some more money. Clearly,
the attorney screwed you over here, Vivian, especially by dropping
(19:23):
your case. I would call the lawyer and say, hey,
we have a real issue here. You're the one that
sent me there. I encourage seven thousand dollars worth of
bills because of you. Straighten this out. Now comes the
problem that you may have, and that is, are you
(19:46):
actually arguing that you didn't need seven thousand dollars worth
of medical work? Which means that you were getting seven
thousand dollars to increase what your going to be given
under a settlement. So it gets a little complicated because
you're sort of stuck between a rock and a hard place. Yeah,
(20:09):
they gave me seven thousand dollars. No, I really didn't
need it. I've been overcharged. But yeah, it's just it's
a mess. So I would get the attorney involved on
this one. Now again, the reason I'm asking you you're
clearly on Social Security is that all the money you
have Vivian. Yeah, okay, you live on Social Security and
(20:29):
that's it, right, correct. Okay, So now you're going to
call by a collection person who says you owe seven
thousand dollars, what do you want to do? And you
get to say, I'm on Social Security. That's it, that's
my entire income. They can't go after social Security, Vivian.
Social Security payments are yours. Those are you can't attack those.
(20:54):
So which is a home all right? But they're not
going to grab your house. I doubt they're going to
grab your house for seven thousand dollars.
Speaker 3 (21:03):
Okay, something.
Speaker 9 (21:06):
It's my car insurance responsible for.
Speaker 1 (21:09):
It, probably, Yeah, absolutely, that was the other question. I
was going to go sure your car insurance will pay
for it if assuming you have beyond just liability, if
you have comprehension, which okay, then yes, here's the problem.
Usually they're in your policy is you have to submit
(21:30):
within thirty days, and you didn't submit within thirty days
to have your insurance cover it. However, you're arguing with
your insurance exactly. Well, that's one. That's one. That's good.
That's one point. And the other point is that the
other side accepted liability, or theoretically accept liability. So you know,
(21:53):
the interesting part is that push comes to shove and
there you are looking at a seven thousand dollars bill
and I'd sue the attorney. You could do that in
small claims court too, So you've got some ways to
go here, there's different avenues to go, and you know
what I would do. Go ahead.
Speaker 3 (22:15):
I also been requesting my file from the.
Speaker 1 (22:19):
Oh yeah, they have to give that to you. They
won't give it to you. No, okay, Well that's a
complaint to the state bar. You tell them you have
to give me my file belongs to me, and if
you don't give it to me within ten days, are
reporting to the state bar. That's the easy one. Susie, Hi,
welcome to handle on the law.
Speaker 10 (22:39):
Still, my friend and her family attended a church and
apparently there's been some kind of misappreciation going on in
the past and the church. Well, my friend's son, who's
an adult now, he's in his twenties. When he was
a minor in middle school, him and one of the
other church River's kid had some misappropriate conducts. So now
(23:00):
this is all coming out and the church is telling
her that they're going to announce her son's name or
for the whole congregation so they'll know who this was.
Speaker 3 (23:09):
Can they do that?
Speaker 1 (23:11):
Well, yeah, I mean they can. You can do anything
you want. The question is there a liability? You know,
and it's a bad idea? Is it true? Is it defamation?
And you want to ask why are they doing that?
And how long ago did this happen?
Speaker 3 (23:29):
It's been at least ten years.
Speaker 1 (23:31):
Who cares? Or you only ask me who cares ten
years ago? Susie Literally, well.
Speaker 3 (23:37):
That's what we're thinking too, But they're going to it happened.
Speaker 1 (23:41):
Ten years ago. The guy was a kid, he's an
adult now. I mean, let me ask you this. You're
sitting there in church, right and all of a sudden.
Is it the pastor who's going to stand up and
say this is what happened. Yes, okay, so the pastor.
Why would the pastor do that, by the way, ten
years after.
Speaker 10 (23:58):
The fact, Because now there's some things that people are
threatening to pursue the church because of past mispro What
sue the church for?
Speaker 1 (24:07):
Wait a second, sue the church for what?
Speaker 3 (24:09):
I don't I'm baffled by it.
Speaker 1 (24:12):
To Bill, Okay, so here's a couple of here's a
couple Okay, here's a couple of things. So now you
hear the pastor say something about someone else's kid. Uh,
and it happened ten years ago. Now when you say
inappropriate conduct, how inappropriate are we talking about, Susie.
Speaker 3 (24:31):
I think there was some touching going on, some what touching?
Speaker 1 (24:37):
Oh so touching that sexual conduct? Okay, well all right,
let's get that gets a little bit more serious that accusation. Okay,
it's not just they got into a fight. They stole something. Okay, yeah,
a couple of things. I mean, can you stop the
pastor from doing it?
Speaker 8 (24:53):
No?
Speaker 1 (24:53):
And by the way, at what point do you stay
in a church where a pastor would do that?
Speaker 3 (25:00):
I agree?
Speaker 1 (25:01):
Yeah, you just get the hell out of Dodge, that's all.
And you obviously want to go to a church where
the pastor has you know, a little bit of compassion
because you know why and what we don't even know
what they're gonna the uh, he's the church's going to
be suited for and the and the question is we
won't sue you if you mentioned his name. I mean,
(25:21):
I don't get any of that. So you have a
gutlass pastor. You have pastor that probably, under these circumstances,
shouldn't be a pastor clearly doesn't care about his clergy,
his flock. And so you know, it's not like there
aren't churches on every corner. Susie true Well.
Speaker 10 (25:40):
Heard the pastor say that he's his legal counsel is
telling her that they have to be transparent about any
kind of misconduct going on.
Speaker 1 (25:49):
Not ten years ago. They don't not ten years ago.
Speaker 3 (25:56):
They may have to be.
Speaker 1 (25:57):
Transparent about misconduct now. And I wonder I think even
pastors are held to the law. For example, if there
is well not sexual misconduct, child abuse is it? Child
abuse is all? I mean? Sexual misconduct? Have him ten
years ago? No, I don't think there's any any requirement.
(26:20):
So counsel is giving not particularly good advice, and you
want to get the hell out of there anyway. Even
if the pastor is considering doing that, you have a
gutlass pastor who certainly isn't very And I'm putting in
quotes now, Christian, come on, do you do that to people? No?
This is handle on the law. Welcome back, handle on
(26:41):
the law, marginal legal advice. Hi, Jerry, welcome to handle
on the law.
Speaker 6 (26:48):
Thanks Bill. I have a house in a track that's
fairly hilly, and the house next door is on a
pad that's about six feet higher than my pad. The dirt, somebody,
I don't think. I don't think the builders, you know,
put in a retaining wall. They just sloped it down. Well,
the dirt has now keeps coming over and it's knocked
(27:11):
down the retaining wall that was put in. It was
a retaining wall put in before we bought the property.
Speaker 1 (27:16):
All right, who's the property on Who's property to pay
for the repair? Whose property is on the retaining wall?
Speaker 6 (27:23):
I think the property and the retaining wall is on
our property.
Speaker 1 (27:27):
Okay? And his dirt damaged your retaining wall? Correct?
Speaker 6 (27:32):
Pushed it over?
Speaker 3 (27:32):
Yes?
Speaker 1 (27:33):
Oh yeah, he's responsible. Oh good, Oh yeah, absolutely, he's irresponsible.
And there may or may not be insurance. How much
it is going to cost to fix this thing, you know,
maybe fifteen.
Speaker 6 (27:43):
Hundred to two thousand bucks. I'm I'm just happy if
he'd split it with us.
Speaker 1 (27:46):
That's let me tell you. You don't have to do that. Okay, yeah,
you don't have to. If you're willing to split it,
then you're the men's here. You're the good guy. And
you call him up and say, hey, I just talked
to an attorney. Just find out where I see. I
don't mention my name because they'll start laughing. I was
talking to an attorney and he said, you're responsible for this,
(28:06):
but I'll tell you what, let's split it. And who
in their right mind is going to say no? Would
you say no? I wouldn't say no.
Speaker 6 (28:16):
Okay, Well, just a little a little more information. Our
retaining wall is probably a foot to two feet past
our dividing line between the property, but it's his dirt
that's pushing it over. I think whoever own the house
before put that retaining wall? Okay, does that flow from
you know, coming to our property.
Speaker 1 (28:35):
But he's still responsible because it's great. Yeah, I would
argue he's still responsible. The only argument you can make
is you pushed you put up the retaining wall, and
you did it negligently. You didn't do it correctly, or
it was put in correct incorrectly, and the statute has passed.
We don't even know who built it. The builder has disappeared.
(28:56):
I mean any number of things. I mean, theoretically, go
after the builder, assume mean that the builder did it.
But in the end, fifteen hundred bucks, you guys split
it and you're done. That makes all the sense to me.
Good for you for saying that. Hello, Paul, welcome to
handle on the law. Oh here, did you'll speaker phone? Yeah,
that would be good.
Speaker 4 (29:17):
Hey, you know, thanks for taking my.
Speaker 1 (29:18):
Call real quick?
Speaker 4 (29:20):
Are you?
Speaker 3 (29:20):
This week?
Speaker 4 (29:21):
I was I was in a major supermarket, was in
the back of the market by the deli. Got detained
by two store employees, permarently just one stock stock clerk.
She indicated it was a female, indicated that I was
stealing from the store. There was no you know, I
(29:42):
demanded that there's no theft occurred, okay, And you know
I was just dressed, you know, in fact, I just
very handsomely, you know, well.
Speaker 1 (29:51):
There you go. There's a difference. There's your defense. I
was dressed handsodly, handsomely, and therefore I couldn't have stolen
because no one who dressed as well.
Speaker 4 (29:58):
Nevertheless, I told her to call the police, call the miniager,
and she's called me a thie three times. All right,
some other obscene derogatories threw me out of the market.
Speaker 3 (30:08):
I was just shocked in the kneze.
Speaker 4 (30:09):
I just can't believe what just occurred.
Speaker 1 (30:11):
Right real quick.
Speaker 4 (30:13):
I called the miniager up on the phone from the
parking lot. He you know, apologized to me like four
thousand times, said, you know, give me a good certificate.
I said, I don't want it. You know, I'm gonna
go see some you know, I'm gonna try to see
you know, legal aid.
Speaker 1 (30:27):
What's your what's your question, Paul at California?
Speaker 4 (30:30):
I guess there's no uh, I guess what I'm finding out.
Speaker 3 (30:33):
There's no really law against it.
Speaker 1 (30:35):
No, no, there isn't. I don't think in any state
there's a law against it. So let's talk about what
they did. When you said I was detained, how long
was that?
Speaker 4 (30:44):
My detention was about five minutes?
Speaker 1 (30:47):
Okay, So what they did is to check to see
if you've stolen, because they thought you stole something, okay,
and when they realized you didn't, they let you go.
They let you go, so.
Speaker 4 (30:58):
They threw no, they threw me out of the market.
Speaker 1 (31:01):
They have a right to do that.
Speaker 3 (31:02):
They have a right.
Speaker 1 (31:03):
They have a right, Paul, they have a right to
do that too. They have a right to do that.
They absolutely have a right to toss you out, and
they absolutely have a right you're not coming back. And
they also have a right to say, hey, I think
you're dressed way too good for coming in this market.
They have the right to do that. Then the issue
is how long they detained you. If they detained you
(31:25):
beyond the point of ascertaining that you didn't steal, they
detained you for half an hour. If they detained you
for an hour, that is detainment. Detaining you for five
minutes to ascertain whether or not you've stolen, that's legitimate.
Calling you dirty, filthy names, derogatory, being racist, perfectly legal.
(31:47):
They absolutely have the right to do that. To call
the manager, it doesn't matter, it doesn't matter. They have
every right to yell at you. Now, maybe against store policy.
They may get fired for it, but it is a
First Amendment issue. They have the right to detain you
(32:09):
for enough time to see if you've stolen. They have
the right to call you every name in the book,
and they have a right to ban you, throw you
out of the store and say, nah, we don't like him.
I don't like the way he talked to me. I
don't like the way he looked. I don't like the
way you know that he walked around and it made
him and he looked like he was stealing. They can
(32:30):
do all that. You don't have it. You don't have
a fundamental right to go into a store. Why would
you want to go to a store back anyway? Who
did that? I mean, how would you return to.
Speaker 4 (32:37):
That kind of I'm not That's not my issue. The
issue is, you know, do I at least have a
small thing?
Speaker 1 (32:43):
No? No, no, what are you assume him for? What
are you gonn assume him for? You? No? The wait
is that they called you names. They go in the
store and say, hey, Paul just stole from us, Paul
is a thief? Did they do that? Did they go
on the loud speaker and say that. Did they stop
people in the parking lot and say Hey, come over here.
(33:03):
I want to show you a thief. Did they do that?
Speaker 4 (33:07):
There's enough people that cause alarm that everybody looked at me?
Speaker 1 (33:12):
Who is everybody?
Speaker 4 (33:14):
I mean just bystanders.
Speaker 1 (33:15):
I mean okay, and by the way, let me ask you,
how are you defamed if they don't know who you are? Yeh,
goodness A good point. Yeah, that is the point among others.
Oh and I understand him being pissed off. I would too.
I would be angry you called me names. I didn't
steal anything. You got employees that are willing to do this.
(33:37):
If I were the manager, i'd fire those people. But
none of that is illegal, not one of them. Jennifer, Hello, Jennifer, welcome.
Speaker 4 (33:48):
Hello.
Speaker 8 (33:48):
I wanted to ask you a question regarding a family
member who died some I believe medical malpractice. The family
member had a pre existing condition which required one daily
support for all medical needs. They entered an ic you
for an infection. They were given a medication which required
a ventilation and that was not done after that. They
(34:12):
had respiratory sailor that was one of the conditions that
was what could happen because of the medification, not getting
having a ventilator and the person died. Is there a case?
Speaker 1 (34:23):
Yeah, probably based on what you said. Yeah, if they
knew what was going on and they knew that the
medication causes ventilation problems and they didn't supply the ventilation,
sure seems like a case to me. Now you don't know,
I don't know what else is going on. So at
this point, this point you get a medical malpractice attorney,
(34:44):
you go for it. If nothing else, just based on
what you said, a med mal attorney is going to
deal with it.
Speaker 8 (34:51):
Person had severe a severe infection.
Speaker 1 (34:54):
Well that's it, you know. But that's one of the issues.
The argument is going to be is it a he
or she who died? Ok So they're going to argue
he would have died anyway, that's true. Okay, that is,
But this is what the med mal attorney looks at.
So the med mal attorney pulls all the medical records,
hands it to a doctor to look at the medical
(35:17):
records and either tells you, no, we don't have anything here,
there's too many defenses, or Yep, we have him and
we're going to go forward. So go to handle on
the law dot com and just talk to a med
maal attorney. And that's a. That's a good question based
on what you said.
Speaker 8 (35:33):
As another question, since this person had no income required
one hundred percent support. I'm concerned about the damage issue
because when you.
Speaker 1 (35:41):
It's a wrongful death, it's a wrongful death. It's not
the person who died that's suing his family members that
are suing.
Speaker 8 (35:47):
Okay, so you think it would be worth looking into.
Speaker 1 (35:50):
I certainly would. It's not going to cost you anything.
Speaker 8 (35:52):
Okay, very good, Thank you very much.
Speaker 3 (35:54):
Okay.
Speaker 1 (35:55):
By now you know, I'm a huge fan of Zelman's matter.
In fact, I have them right around me all the time.
Right here in my studio. I have a pack of Zelmans.
And it's all about having good breath. Now, I wake
up in the morning like you do, and I have
morning breath. I mean that's a given. You drink coffee
like I do, you have coffee breath. And if you
eat the way I do, a lot of garlic onions,
(36:16):
for example, in the morning, and for some reason, I
love locks and bagels these days. I smell like smoked salmon.
That's my breath. And if you're concerned about fresh breath
and you want it to last for hours and hours,
Zelmans is the answer. These little capsules that you suck
the mint off, and then you bite into them or
swallow them, and they go to work in your gut
where bad breath or smelly breath can start. Go to
(36:38):
Zelmans dot com Zelmans dot com and you'll see how
well this works. Zelmans Z E L M I N S.
Use the code KFI. That's Zelmans dot Com code KFI.
This is Handle on the Law.
Speaker 6 (36:55):
You're listening to Bill Handle on Demand from KFI AM
six forty
Popular Podcasts
Las Culturistas with Matt Rogers and Bowen Yang
Ding dong! Join your culture consultants, Matt Rogers and Bowen Yang, on an unforgettable journey into the beating heart of CULTURE. Alongside sizzling special guests, they GET INTO the hottest pop-culture moments of the day and the formative cultural experiences that turned them into Culturistas. Produced by the Big Money Players Network and iHeartRadio.
Crime Junkie
Does hearing about a true crime case always leave you scouring the internet for the truth behind the story? Dive into your next mystery with Crime Junkie. Every Monday, join your host Ashley Flowers as she unravels all the details of infamous and underreported true crime cases with her best friend Brit Prawat. From cold cases to missing persons and heroes in our community who seek justice, Crime Junkie is your destination for theories and stories you won’t hear anywhere else. Whether you're a seasoned true crime enthusiast or new to the genre, you'll find yourself on the edge of your seat awaiting a new episode every Monday. If you can never get enough true crime... Congratulations, you’ve found your people. Follow to join a community of Crime Junkies! Crime Junkie is presented by audiochuck Media Company.
Stuff You Should Know
If you've ever wanted to know about champagne, satanism, the Stonewall Uprising, chaos theory, LSD, El Nino, true crime and Rosa Parks, then look no further. Josh and Chuck have you covered.