Episode Transcript
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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 abortion as matter
of fact.
Speaker 2 (00:31):
In California, it is in.
Speaker 1 (00:33):
The constitution specifically that abortion is allowed and cannot be
infringed on.
Speaker 2 (00:40):
Then you have some of the southern states.
Speaker 1 (00:43):
Louisiana is pursuing a criminal case against an.
Speaker 2 (00:48):
Out of state doctor who is.
Speaker 1 (00:50):
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
between liberal and conservative states. And the abortion medication actually
(01:14):
in the Mazifi 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 via telehealth and mailing them to patients, and in
Louisiana they passed a law saying that no patient in
(01:38):
the state can receive this medication and no doctor can prescribe. Well,
the problem is the doctors are out of Louisiana. And
is it possible for someone to have broken the law. Well, sure,
because a patient, a woman taking one of these drugs
(01:58):
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
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.
Speaker 2 (02:20):
So what's going to happen. I'm assuming that there'll.
Speaker 1 (02:23):
Be an arrest warrant issued against that doctor, and that
doctor will I'm going to suggest, never go into Louisiana. Now,
are they 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
(02:44):
this doctor is simply not going to be around. And
in court filings, this woman said she and her boyfriend
used her email 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
(03:07):
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 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 3 (03:29):
Good morning Bill.
Speaker 4 (03:30):
My name is Joel. Like you said, and I've been
listening to you for about twenty years.
Speaker 2 (03:34):
Oh don't know.
Speaker 4 (03:35):
That's the way you handle Yeah, I really I have.
Speaker 2 (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, Joel?
Speaker 3 (03:46):
Okay?
Speaker 4 (03:47):
So I put you a vehical about a year ago.
This is a high end Vequal. It was the used equal.
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 ass this 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. Okay,
and behold, eight months after I purchased the vehicle, the
engine dies completely. I take it into Gaudi Honda and
(04:31):
they tell me, yeah, the engine is dead. It's not
good anymore. Uh So we uh we uh placed a uh.
Speaker 5 (04:42):
Uh we We contacted the insurance company for 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.
Speaker 4 (04:53):
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 the engine. We never touched the car.
We left it as we bought it.
Speaker 2 (05:10):
Okay, okay, so the dealer.
Speaker 1 (05:13):
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.
Speaker 2 (05:21):
It as a used vehicle with that on. There is
that correct?
Speaker 3 (05:25):
That is correct? Okay?
Speaker 2 (05:26):
All right, so what's your question?
Speaker 5 (05:28):
Okay, So my question is is we contacted them after
three weeks of going back and forth with then they
said you're not covered, okay, because there's there's water damage
to the engine. All right, So we however, Galudihanda says,
you know what, there's no evidence of water damage in
this vehicle in the engine.
Speaker 3 (05:48):
Okay.
Speaker 4 (05:48):
Do I have a case?
Speaker 2 (05:49):
Yeah?
Speaker 1 (05:50):
You do, Yeah, you have it. Certainly you have a case.
You have a case for a new engine or an
engine repair.
Speaker 3 (05:56):
And you've got two dollars.
Speaker 2 (05:57):
Yeah, you've got two defendants here.
Speaker 1 (05:59):
You have the insurance company and you have the dealership,
and you.
Speaker 4 (06:04):
Let them figure it out because the dealership sold the part.
Speaker 1 (06:08):
Assist 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 sue both. Let them try to defend it.
The problem is how much is it going to cost
to fix the engine?
Speaker 3 (06:27):
Dollars?
Speaker 1 (06:28):
All right, Well, you're gonna need a lawyer on that.
That's the problem this guy. You know, you're going to
need a lawyer.
Speaker 5 (06:32):
Joel, and you have a cost for arbitration on those,
all right, So you go to arbitration.
Speaker 1 (06:37):
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 you're going to have to have an
(06:57):
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.
Speaker 2 (07:07):
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.
Speaker 1 (07:14):
And then do you bring an attorney and look at
the sales agreement, look at your insurance company, look at
the 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 gonna win
this some way another Uh Yeah, I think so I
(07:35):
think so unless they're going to argue you did.
Speaker 2 (07:38):
Here's the problem. They're gonna argue you modified it.
Speaker 1 (07:41):
And you're gonna yeah, and how do you wait 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.
Speaker 2 (07:56):
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.
Speaker 1 (08:04):
Welcome back, Handle on the law, Marginal legal Advice.
Speaker 2 (08:12):
Remy, Hi, remy, welcome to handle on the Law.
Speaker 6 (08:17):
Hi.
Speaker 7 (08:18):
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 into see an attorney. She was worried
about some changes, and she was also nervous about some
doctor's appointments.
Speaker 3 (08:33):
They set up.
Speaker 7 (08:33):
She asked me to come down. They had since left
and went back to New Jersey. A little backstory. In
New Jersey, my mom owned a real estate company. My
brother took it over, but he was leasing the building.
Speaker 3 (08:44):
The building was.
Speaker 7 (08:45):
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 to have a situation where they had
the building and they would have to deal with me.
So it went on and on and on, and eventually
(09:08):
they ended up buying the building, but they bought it
for I think it was maybe twenty percent of the value.
Speaker 2 (09:14):
So they bought the building from mom.
Speaker 1 (09:20):
Yeah, okay, so they bought the building from your mother value, okay.
Speaker 7 (09:24):
Right, in order to in order to be the matter.
Speaker 2 (09:27):
Okay, it doesn't matter.
Speaker 1 (09:28):
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 being said,
all right.
Speaker 2 (09:38):
Now what.
Speaker 7 (09:40):
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 7 (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 that take it off. But there were
several other things. I saw a lot of red flags.
(10:30):
The lawyers, you know, flat out said that he did
as well. And I said, I think you need to
remove those, and he said that he would do that.
He wanted to talk to my mom.
Speaker 2 (10:39):
He can't remove.
Speaker 3 (10:40):
He's not you.
Speaker 1 (10:41):
He can't remove anything unless your mother tells him. It's
your mom's will.
Speaker 5 (10:45):
Right.
Speaker 1 (10:47):
Right, and she and she's and she's still around, right.
Speaker 4 (10:52):
Right, She is Okay, So he's not gonna.
Speaker 1 (10:55):
He's not going to change anything unless Mom says, I
want you to change this.
Speaker 7 (11:01):
She went and did sign.
Speaker 1 (11:04):
So she did, all right, So she did change yet, Okay,
but yes.
Speaker 7 (11:08):
She did, she did sign, all right. 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 women.
They were going to attempt to take power of attorney. Okay,
she told me, can I come back to California with you?
(11:28):
She did. 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 my.
Speaker 2 (11:37):
Business, right all right, said, by the way.
Speaker 3 (11:39):
It would change.
Speaker 7 (11:40):
She wants to change the will again.
Speaker 2 (11:41):
So she can. She can change the will all she wants.
I did call.
Speaker 7 (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.
Speaker 1 (11:58):
Her because made yeah, it makes yeah, because they want
to make sure she's lucid.
Speaker 7 (12:04):
She she's lucid, but she's forgetful.
Speaker 2 (12:07):
Well that's a problem.
Speaker 1 (12:08):
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 at all the crap they did. Also,
(12:31):
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.
Speaker 2 (12:39):
You can't do that. That right on.
Speaker 1 (12:41):
Its face is indicated that that was coercion and duress.
Oh one, you need a trust in, a state lawyer
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 7 (13:01):
Well, the building was, I mean on a low estimate,
one point seven Okay, all.
Speaker 1 (13:06):
Right, okay, well that's crazy, that's crazy. Okay, how much
else is your mom worth? Outside of the building?
Speaker 7 (13:15):
There's the other four homes are worth probably three million.
Speaker 2 (13:17):
Okay, You've got all right, this is easy. Remy, remy, remy.
Speaker 1 (13:21):
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,
based on what you say, they are taking taking such
(13:44):
advantage of your mom that it's uh, well, the court
assuming that.
Speaker 7 (13:50):
She doesn't want to leave, she doesn't want to go back,
it doesn't.
Speaker 1 (13:53):
Matter you do it here in California. It doesn't matter.
You do it here in California, and they will apply
new law. You need to trust an estate lawyer like immediately.
I mean, jeez, Louise, that's how you.
Speaker 2 (14:07):
Family, don't you love it? Family? Family?
Speaker 3 (14:10):
Family?
Speaker 2 (14:12):
Frank, Hello, Frank, welcome, Yeah, will.
Speaker 8 (14:16):
Handle, thank you for taking my call. Sure wherest of all,
I'm retired, I have a union, pension and social security.
On my soci security nine thousand dollars was stolen, claims.
Speaker 1 (14:31):
Okay, wait a sear hold on, hold on, let me
ask you a question on your Social Security nine thousand
dollars was stolen?
Speaker 2 (14:36):
Is this your bank account?
Speaker 1 (14:38):
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. H In this case, it was social Security.
If the money comes from pension, it goes in the
same account, then it's your pension, so.
Speaker 2 (14:52):
Okay.
Speaker 1 (14:54):
Other one union, no, I understand, But it's bank accounts
that where the money was taken from.
Speaker 2 (14:59):
No one inners accepted your social Security checks and cash them.
It's from the bank account, okay, god it okay.
Speaker 1 (15:06):
So your bank So someone breakly into your bank accounts
and they got nine thousand dollars.
Speaker 2 (15:10):
Okay, now, okay, all right.
Speaker 3 (15:14):
Let's move on.
Speaker 8 (15:14):
I put a plan 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 don't give any response.
Can I do anything about it?
Speaker 2 (15:32):
Well, as far as the police is concerned.
Speaker 8 (15:34):
No.
Speaker 2 (15:35):
If they don't want to take it, they don't take it.
Speaker 1 (15:37):
That's their call, and there's they'll say, this is a
civil matter, and no one.
Speaker 2 (15:42):
Wants to deal with that. And there isn't enough money.
Speaker 1 (15:45):
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 don't have enough cops for that.
Speaker 2 (15:54):
Now the issue is the bank.
Speaker 8 (15:57):
Uh, and so the money?
Speaker 2 (16:00):
Oh and maybe not.
Speaker 1 (16:01):
No, no, you want to make you They just won't
even return your phone calls or your emails.
Speaker 8 (16:09):
You know, 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.
Speaker 2 (16:25):
Is that what you're saying?
Speaker 8 (16:27):
Exactly?
Speaker 1 (16:28):
Why don't you? When did you walk into the bank
and talk to a manager?
Speaker 8 (16:33):
Actually the bank to go to my soldier courity, and
all I do is talk to them over the phone.
Speaker 2 (16:39):
No, don't do that. Walk in, walk in and talk
to a human.
Speaker 1 (16:42):
Being, okay, And then you talk to the manager and
then you go up, and then.
Speaker 2 (16:48):
You go up the food chain. That's what you have
to do.
Speaker 8 (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.
Speaker 2 (17:06):
You're listening to Bill Handle on demand from KFI AM
six forty.
Speaker 1 (17:12):
Welcome back, marginal legal addvice where I tell you have
no case?
Speaker 2 (17:20):
Okay, Vivian, Hi, Vivian, welcome.
Speaker 9 (17:23):
Thank you. I was in a minor car accident.
Speaker 6 (17:29):
Then my three months later, after I finished the therapy,
the treatment, my attorney dropped my case.
Speaker 9 (17:42):
So now I I just received a bill from the
chiropractor almost seven thousand dollars that if I don't pay,
they can atturn it to collections.
Speaker 1 (17:57):
Yeah they probably are. Yeah, they probably are going to
turn you to collections. Let's let's start with some personal
stuff from you.
Speaker 2 (18:07):
How old are you, Vivian? Okay, By the way, that's relevant.
Speaker 1 (18:14):
Usually I ask people how old they are just to
make fun of them, just to say things like it
sounds like you're going to die before this conversation is over.
Speaker 2 (18:22):
This is relevant, okay. And so.
Speaker 1 (18:27):
Here is the issue about your attorney dropping the case.
You are let's you are an elder person. According to
the law you relied on this attorney who then referred
you to this refer you to this chiropractor or whatever
medical provider that is. And the deal is a normal
(18:51):
personal injury cases, Vivian, is that the lawyer takes a
third of the money, the therapist gets a third of
the money.
Speaker 2 (19:00):
Let's say it's a fifteen thousand dollars settlement.
Speaker 1 (19:03):
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.
Speaker 2 (19:22):
By dropping your case. I would call the lawyer.
Speaker 1 (19:26):
And say, hey, we have a real issue here.
Speaker 2 (19:31):
You're the one that sent me there.
Speaker 1 (19:33):
I encourage seven thousand dollars worth of bills because of you.
Speaker 2 (19:39):
Straighten this out.
Speaker 1 (19:41):
Now comes the problem that you may have, and that is,
are you 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
(20:04):
complicated because you're sort of stuck between a rock and
a hard place. Yeah, they gave me seven thousand dollars. No,
I really didn't need it. I've been overcharged. But yeah,
it 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.
Speaker 2 (20:23):
Is that all the money you have Vivian.
Speaker 1 (20:27):
Yeah, okay, you live on Social Security and that's it right.
Speaker 3 (20:31):
Correct?
Speaker 2 (20:32):
Okay, So now.
Speaker 1 (20:34):
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 I have 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 9 (21:03):
Uh, okay something it's my car insurance responsible for.
Speaker 1 (21:10):
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 within
(21:30):
thirty days and you didn't submit within thirty days to
have your insurance cover it.
Speaker 2 (21:37):
However, you're arguing with your insurance exactly. Well, that's one.
That's one. That's good. That's one point.
Speaker 1 (21:44):
And the other point is that the other side accepted liability,
or theoretically accept liability. So you know, the interesting part
is that push comes to shove and there you are
looking at a seven thousand dollars bill and I'd.
Speaker 2 (22:01):
Sue the attorney.
Speaker 1 (22:03):
You could do that in small claim saw court too,
So you've got some ways to go here, there's different
avenues to go, and you know what I would.
Speaker 2 (22:11):
Do, Go ahead.
Speaker 10 (22:15):
I also been requesting my file from the Oh.
Speaker 2 (22:19):
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.
Speaker 1 (22:26):
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.
Speaker 2 (22:34):
That's the easy one. Susie Hi, welcome to handle on
the law.
Speaker 11 (22:39):
Still my friend and her family attended a church and
apparently there's been some kind of mis appreciation 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 member's kid had to misappropriate conduct. So
(23:00):
now this is all coming out, and the church is
telling her that they're going to announce her son's name
or from the whole congregation so they'll know who this was.
Speaker 3 (23:09):
Can they do that?
Speaker 2 (23:11):
Well, yeah, I mean they can. You can do anything
you want.
Speaker 1 (23:14):
The question is their a liability?
Speaker 9 (23:18):
You know?
Speaker 1 (23:18):
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 2 (23:31):
Who cares, r or you only ask me who cares
ten years ago? Susie?
Speaker 11 (23:35):
Literally, well that's what that's what we're thinking too.
Speaker 1 (23:38):
But it happened 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.
Speaker 2 (23:51):
And say this is what happened.
Speaker 1 (23:53):
Yes, okay, so the pastor, why would the pastor do that,
by the way, ten years after.
Speaker 11 (23:58):
The fact, Because now there's some things that people are
threatening to sue the church because of past mispro.
Speaker 3 (24:05):
What se the church for?
Speaker 2 (24:07):
Wait a second, sue the church for what?
Speaker 11 (24:09):
I don't I'm baffled by it.
Speaker 3 (24:12):
To Bill, Okay, so here's a couple.
Speaker 2 (24:14):
Here's a couple.
Speaker 4 (24:15):
Okay, here's a.
Speaker 2 (24:15):
Couple of things.
Speaker 1 (24:17):
So now you hear the pastor say something about someone
else's kid.
Speaker 2 (24:22):
Uh, and it happened ten years ago.
Speaker 1 (24:25):
Now when you say inappropriate conduct, how inappropriate are we
talking about, Susie?
Speaker 11 (24:31):
I think there was some touching going on some what touching?
Speaker 2 (24:37):
Oh so touching? Sexual conduct?
Speaker 1 (24:39):
Okay, well all right, 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 6 (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 4 (25:00):
I agree?
Speaker 2 (25:01):
Yeah, you just get the hell out of Dodge, that's all.
Speaker 1 (25:03):
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 and we don't even
know what they're gonna be.
Speaker 2 (25:13):
The uh, he's the church's going to be suited for.
Speaker 1 (25:15):
And the and the question is we won't sue you
if you mentioned his name. I mean, I don't get
any of that. So you have a gutlass pastor. You
have a 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
(25:37):
on every corner.
Speaker 2 (25:38):
Susie True, well heard back.
Speaker 11 (25:41):
Pastors say that he's his legal counsel is telling her
that they have to be transparent about any kind of
misconduct going on, not.
Speaker 2 (25:49):
Ten years ago. They don't not ten years ago.
Speaker 4 (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?
Speaker 3 (26:12):
Is it?
Speaker 2 (26:13):
Child abuse? Is all?
Speaker 3 (26:15):
I mean?
Speaker 1 (26:15):
Sexual misconduct? Have him ten years ago? No, I don't
think there's any any requirement. 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 gutless pastor who certainly isn't
very And I'm putting in quotes now, Christian, come on,
do you do that to people?
Speaker 2 (26:35):
No, this is handle on the law.
Speaker 1 (26:39):
Welcome back, handle on the law, marginal legal advice. Hi, Jerry,
welcome to handle on the law.
Speaker 12 (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.
All right, who's the property on Who's property to pay
for the repair?
Speaker 2 (27:20):
Whose property is on the retaining wall?
Speaker 12 (27:23):
I think the property and the retaining wall is on
our property.
Speaker 2 (27:27):
Okay. And his dirt damaged your retaining wall?
Speaker 3 (27:31):
Correct, pushed it over? Yes?
Speaker 2 (27:33):
Oh yeah he's responsible? Oh good, yeah, yeah, absolutely he's irresponsible.
Speaker 1 (27:38):
And there may or may not be insurance. How much
is going to cost to fix this thing?
Speaker 12 (27:41):
You know, maybe fifteen 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 say. 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 12 (28:16):
Okay, well I just a little a little more information.
Our retaining wall is probably a foot to two feets
past our dividing line between the property. But it's his
dirt that's pushing it over. I think whoever owned the
house before put that retaining wall. Okay, that flowed from
you know, coming to our property.
Speaker 1 (28:36):
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 as soon, 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 wall.
Speaker 3 (29:13):
Oh here did you speaker phone?
Speaker 2 (29:16):
Yeah, that would be good.
Speaker 3 (29:17):
Hey, you know, thanks for taking my call real quick?
Are you? This week?
Speaker 13 (29:21):
I was I was in a major supermarket, was in
the back of the market by the deli.
Speaker 3 (29:28):
Got detained by two store employees permanently, just one stock clerk.
Speaker 13 (29:34):
She indicated it was a female, indicated that I was
stealing from the store. There was no you know, I
demanded that there's no theft occurred, okay, And you know
I was just dressed.
Speaker 3 (29:47):
You know, in fact, I just very handsomely.
Speaker 2 (29:50):
You know, Well, there you go, there's a difference. There's
your defense.
Speaker 1 (29:53):
I was dressed handsodly, handsomely, and therefore I couldn't have
stolen because no one who dressed as well.
Speaker 13 (29:58):
Nevertheless, I told her to call the police, call the miniager,
and she's called me a th three times.
Speaker 3 (30:04):
All right, some other obscene derogatories threw me out of
the market. I was just shocked in the kneze.
Speaker 13 (30:09):
I just can't believe what just occurred, right real quick,
called the miniature.
Speaker 3 (30:14):
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 them, you know, I'm
gonna try to see, you know, legal aid of what's
what's your question, Paul at California.
Speaker 13 (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 2 (30:35):
No, no, there isn't. I don't think in any state
there's a law against it.
Speaker 1 (30:38):
So let's talk about what they did when you said
I was detained.
Speaker 3 (30:42):
How long was that? My detention was about five minutes, okay.
Speaker 1 (30:47):
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.
Speaker 3 (30:56):
They let you go, so they threw no, they threw
me out. They have a.
Speaker 2 (31:01):
Right to do that. They have a right.
Speaker 1 (31:03):
They have a right to 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.
Speaker 2 (32:31):
You don't have it.
Speaker 1 (32:31):
You don't have a fundamental right to go into a store.
Why would you want to go to a store back anyway?
Speaker 2 (32:35):
Who did that? I mean, I want to return to
that kind.
Speaker 3 (32:38):
I'm not That's not my issue. The issue is, you know,
do I at least have a small thing? No?
Speaker 2 (32:43):
No, no, what are you going assume him for? What
are you gonssume him for?
Speaker 3 (32:46):
You?
Speaker 2 (32:48):
No, they didn't wait a sec. They called you names.
Speaker 1 (32:51):
They go in the store and say, hey, Paul just
stole from us.
Speaker 2 (32:55):
Paul is a thief?
Speaker 1 (32:56):
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, I want
to show you a thief.
Speaker 2 (33:04):
Did they do that?
Speaker 3 (33:07):
There's enough people that cause alarmed that everybody looked at me.
Speaker 2 (33:12):
Who is everybody?
Speaker 3 (33:14):
I mean just bystanders. I'm okay.
Speaker 1 (33:16):
And by the way, do you let me ask you
how are you defamed if they don't know who you are?
Speaker 3 (33:22):
Eh? Goodness, A good point.
Speaker 1 (33:24):
Yeah, that is the point amongst others. Oh, and I
understand him being pissed off.
Speaker 2 (33:29):
I would too.
Speaker 1 (33:30):
I would be angry you called me names. I didn't
steal anything. You got employees that are willing to do this.
If I were the manager, i'd fire those people. But
none of that is illegal, not one of them.
Speaker 2 (33:45):
Jennifer, Hello, Jennifer, welcome.
Speaker 3 (33:48):
Hello.
Speaker 10 (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
of having a ventilator, and the person died. Is there
a case Yeah?
Speaker 2 (34:24):
Probably based on what you said.
Speaker 1 (34:25):
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, you go for it. If nothing else,
(34:46):
just based on what you said, a med male attorney
is going to deal with it.
Speaker 10 (34:51):
Person had see 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.
Speaker 2 (35:22):
Or Yep, we have him and we're going to go forward.
Speaker 1 (35:25):
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 10 (35:33):
As to another question, since this person had no income
required one hundred percent support. I'm concerned about the damage
issue because when.
Speaker 1 (35:41):
You 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 10 (35:47):
Okay, so you think it would be worth looking into.
Speaker 2 (35:50):
I certainly would. It's not going to cost you anything.
Speaker 10 (35:52):
Okay, very good, Thank you very much.
Speaker 12 (35:54):
Okay.
Speaker 1 (35:55):
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In fact, I have them right around me all the time.
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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
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(36:39):
Zelmans dot com Zelmans dot com and you'll see how
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Use the code KFI. That's Zelmans dot Com code KFI.
Speaker 2 (36:51):
This is Handle on the Law. 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 abortion as matter
of fact.
Speaker 2 (00:31):
In California, it is in.
Speaker 1 (00:33):
The constitution specifically that abortion is allowed and cannot be
infringed on.
Speaker 2 (00:40):
Then you have some of the southern states.
Speaker 1 (00:43):
Louisiana is pursuing a criminal case against an.
Speaker 2 (00:48):
Out of state doctor who is.
Speaker 1 (00:50):
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
between liberal and conservative states. And the abortion medication actually
(01:14):
in the Mazifi 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 via telehealth and mailing them to patients, and in
Louisiana they passed a law saying that no patient in
(01:38):
the state can receive this medication and no doctor can prescribe. Well,
the problem is the doctors are out of Louisiana. And
is it possible for someone to have broken the law. Well, sure,
because a patient, a woman taking one of these drugs
(01:58):
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
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.
Speaker 2 (02:20):
So what's going to happen. I'm assuming that there'll.
Speaker 1 (02:23):
Be an arrest warrant issued against that doctor, and that
doctor will I'm going to suggest, never go into Louisiana. Now,
are they 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
(02:44):
this doctor is simply not going to be around. And
in court filings, this woman said she and her boyfriend
used her email 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
(03:07):
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 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 3 (03:29):
Good morning Bill.
Speaker 4 (03:30):
My name is Joel. Like you said, and I've been
listening to you for about twenty years.
Speaker 2 (03:34):
Oh don't know.
Speaker 4 (03:35):
That's the way you handle Yeah, I really I have.
Speaker 2 (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, Joel?
Speaker 3 (03:46):
Okay?
Speaker 4 (03:47):
So I put you a vehical about a year ago.
This is a high end Vequal. It was the used equal.
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 ass this 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. Okay,
and behold, eight months after I purchased the vehicle, the
engine dies completely. I take it into Gaudi Honda and
(04:31):
they tell me, yeah, the engine is dead. It's not
good anymore. Uh So we uh we uh placed a uh.
Speaker 5 (04:42):
Uh we We contacted the insurance company for 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.
Speaker 4 (04:53):
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 the engine. We never touched the car.
We left it as we bought it.
Speaker 2 (05:10):
Okay, okay, so the dealer.
Speaker 1 (05:13):
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.
Speaker 2 (05:21):
It as a used vehicle with that on. There is
that correct?
Speaker 3 (05:25):
That is correct? Okay?
Speaker 2 (05:26):
All right, so what's your question?
Speaker 5 (05:28):
Okay, So my question is is we contacted them after
three weeks of going back and forth with then they
said you're not covered, okay, because there's there's water damage
to the engine. All right, So we however, Galudihanda says,
you know what, there's no evidence of water damage in
this vehicle in the engine.
Speaker 3 (05:48):
Okay.
Speaker 4 (05:48):
Do I have a case?
Speaker 2 (05:49):
Yeah?
Speaker 1 (05:50):
You do, Yeah, you have it. Certainly you have a case.
You have a case for a new engine or an
engine repair.
Speaker 3 (05:56):
And you've got two dollars.
Speaker 2 (05:57):
Yeah, you've got two defendants here.
Speaker 1 (05:59):
You have the insurance company and you have the dealership,
and you.
Speaker 4 (06:04):
Let them figure it out because the dealership sold the part.
Speaker 1 (06:08):
Assist 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 sue both. Let them try to defend it.
The problem is how much is it going to cost
to fix the engine?
Speaker 3 (06:27):
Dollars?
Speaker 1 (06:28):
All right, Well, you're gonna need a lawyer on that.
That's the problem this guy. You know, you're going to
need a lawyer.
Speaker 5 (06:32):
Joel, and you have a cost for arbitration on those,
all right, So you go to arbitration.
Speaker 1 (06:37):
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 you're going to have to have an
(06:57):
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.
Speaker 2 (07:07):
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.
Speaker 1 (07:14):
And then do you bring an attorney and look at
the sales agreement, look at your insurance company, look at
the 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 gonna win
this some way another Uh Yeah, I think so I
(07:35):
think so unless they're going to argue you did.
Speaker 2 (07:38):
Here's the problem. They're gonna argue you modified it.
Speaker 1 (07:41):
And you're gonna yeah, and how do you wait 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.
Speaker 2 (07:56):
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.
Speaker 1 (08:04):
Welcome back, Handle on the law, Marginal legal Advice.
Speaker 2 (08:12):
Remy, Hi, remy, welcome to handle on the Law.
Speaker 6 (08:17):
Hi.
Speaker 7 (08:18):
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 into see an attorney. She was worried
about some changes, and she was also nervous about some
doctor's appointments.
Speaker 3 (08:33):
They set up.
Speaker 7 (08:33):
She asked me to come down. They had since left
and went back to New Jersey. A little backstory. In
New Jersey, my mom owned a real estate company. My
brother took it over, but he was leasing the building.
Speaker 3 (08:44):
The building was.
Speaker 7 (08:45):
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 to have a situation where they had
the building and they would have to deal with me.
So it went on and on and on, and eventually
(09:08):
they ended up buying the building, but they bought it
for I think it was maybe twenty percent of the value.
Speaker 2 (09:14):
So they bought the building from mom.
Speaker 1 (09:20):
Yeah, okay, so they bought the building from your mother value, okay.
Speaker 7 (09:24):
Right, in order to in order to be the matter.
Speaker 2 (09:27):
Okay, it doesn't matter.
Speaker 1 (09:28):
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 being said,
all right.
Speaker 2 (09:38):
Now what.
Speaker 7 (09:40):
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 7 (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 that take it off. But there were
several other things. I saw a lot of red flags.
(10:30):
The lawyers, you know, flat out said that he did
as well. And I said, I think you need to
remove those, and he said that he would do that.
He wanted to talk to my mom.
Speaker 2 (10:39):
He can't remove.
Speaker 3 (10:40):
He's not you.
Speaker 1 (10:41):
He can't remove anything unless your mother tells him. It's
your mom's will.
Speaker 5 (10:45):
Right.
Speaker 1 (10:47):
Right, and she and she's and she's still around, right.
Speaker 4 (10:52):
Right, She is Okay, So he's not gonna.
Speaker 1 (10:55):
He's not going to change anything unless Mom says, I
want you to change this.
Speaker 7 (11:01):
She went and did sign.
Speaker 1 (11:04):
So she did, all right, So she did change yet, Okay,
but yes.
Speaker 7 (11:08):
She did, she did sign, all right. 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 women.
They were going to attempt to take power of attorney. Okay,
she told me, can I come back to California with you?
(11:28):
She did. 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 my.
Speaker 2 (11:37):
Business, right all right, said, by the way.
Speaker 3 (11:39):
It would change.
Speaker 7 (11:40):
She wants to change the will again.
Speaker 2 (11:41):
So she can. She can change the will all she wants.
I did call.
Speaker 7 (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.
Speaker 1 (11:58):
Her because made yeah, it makes yeah, because they want
to make sure she's lucid.
Speaker 7 (12:04):
She she's lucid, but she's forgetful.
Speaker 2 (12:07):
Well that's a problem.
Speaker 1 (12:08):
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 at all the crap they did. Also,
(12:31):
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.
Speaker 2 (12:39):
You can't do that. That right on.
Speaker 1 (12:41):
Its face is indicated that that was coercion and duress.
Oh one, you need a trust in, a state lawyer
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 7 (13:01):
Well, the building was, I mean on a low estimate,
one point seven Okay, all.
Speaker 1 (13:06):
Right, okay, well that's crazy, that's crazy. Okay, how much
else is your mom worth? Outside of the building?
Speaker 7 (13:15):
There's the other four homes are worth probably three million.
Speaker 2 (13:17):
Okay, You've got all right, this is easy. Remy, remy, remy.
Speaker 1 (13:21):
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,
based on what you say, they are taking taking such
(13:44):
advantage of your mom that it's uh, well, the court
assuming that.
Speaker 7 (13:50):
She doesn't want to leave, she doesn't want to go back,
it doesn't.
Speaker 1 (13:53):
Matter you do it here in California. It doesn't matter.
You do it here in California, and they will apply
new law. You need to trust an estate lawyer like immediately.
I mean, jeez, Louise, that's how you.
Speaker 2 (14:07):
Family, don't you love it? Family? Family?
Speaker 3 (14:10):
Family?
Speaker 2 (14:12):
Frank, Hello, Frank, welcome, Yeah, will.
Speaker 8 (14:16):
Handle, thank you for taking my call. Sure wherest of all,
I'm retired, I have a union, pension and social security.
On my soci security nine thousand dollars was stolen, claims.
Speaker 1 (14:31):
Okay, wait a sear hold on, hold on, let me
ask you a question on your Social Security nine thousand
dollars was stolen?
Speaker 2 (14:36):
Is this your bank account?
Speaker 1 (14:38):
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. H In this case, it was social Security.
If the money comes from pension, it goes in the
same account, then it's your pension, so.
Speaker 2 (14:52):
Okay.
Speaker 1 (14:54):
Other one union, no, I understand, But it's bank accounts
that where the money was taken from.
Speaker 2 (14:59):
No one inners accepted your social Security checks and cash them.
It's from the bank account, okay, god it okay.
Speaker 1 (15:06):
So your bank So someone breakly into your bank accounts
and they got nine thousand dollars.
Speaker 2 (15:10):
Okay, now, okay, all right.
Speaker 3 (15:14):
Let's move on.
Speaker 8 (15:14):
I put a plan 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 don't give any response.
Can I do anything about it?
Speaker 2 (15:32):
Well, as far as the police is concerned.
Speaker 8 (15:34):
No.
Speaker 2 (15:35):
If they don't want to take it, they don't take it.
Speaker 1 (15:37):
That's their call, and there's they'll say, this is a
civil matter, and no one.
Speaker 2 (15:42):
Wants to deal with that. And there isn't enough money.
Speaker 1 (15:45):
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 don't have enough cops for that.
Speaker 2 (15:54):
Now the issue is the bank.
Speaker 8 (15:57):
Uh, and so the money?
Speaker 2 (16:00):
Oh and maybe not.
Speaker 1 (16:01):
No, no, you want to make you They just won't
even return your phone calls or your emails.
Speaker 8 (16:09):
You know, 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.
Speaker 2 (16:25):
Is that what you're saying?
Speaker 8 (16:27):
Exactly?
Speaker 1 (16:28):
Why don't you? When did you walk into the bank
and talk to a manager?
Speaker 8 (16:33):
Actually the bank to go to my soldier courity, and
all I do is talk to them over the phone.
Speaker 2 (16:39):
No, don't do that. Walk in, walk in and talk
to a human.
Speaker 1 (16:42):
Being, okay, And then you talk to the manager and
then you go up, and then.
Speaker 2 (16:48):
You go up the food chain. That's what you have
to do.
Speaker 8 (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.
Speaker 2 (17:06):
You're listening to Bill Handle on demand from KFI AM
six forty.
Speaker 1 (17:12):
Welcome back, marginal legal addvice where I tell you have
no case?
Speaker 2 (17:20):
Okay, Vivian, Hi, Vivian, welcome.
Speaker 9 (17:23):
Thank you. I was in a minor car accident.
Speaker 6 (17:29):
Then my three months later, after I finished the therapy,
the treatment, my attorney dropped my case.
Speaker 9 (17:42):
So now I I just received a bill from the
chiropractor almost seven thousand dollars that if I don't pay,
they can atturn it to collections.
Speaker 1 (17:57):
Yeah they probably are. Yeah, they probably are going to
turn you to collections. Let's let's start with some personal
stuff from you.
Speaker 2 (18:07):
How old are you, Vivian? Okay, By the way, that's relevant.
Speaker 1 (18:14):
Usually I ask people how old they are just to
make fun of them, just to say things like it
sounds like you're going to die before this conversation is over.
Speaker 2 (18:22):
This is relevant, okay. And so.
Speaker 1 (18:27):
Here is the issue about your attorney dropping the case.
You are let's you are an elder person. According to
the law you relied on this attorney who then referred
you to this refer you to this chiropractor or whatever
medical provider that is. And the deal is a normal
(18:51):
personal injury cases, Vivian, is that the lawyer takes a
third of the money, the therapist gets a third of
the money.
Speaker 2 (19:00):
Let's say it's a fifteen thousand dollars settlement.
Speaker 1 (19:03):
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.
Speaker 2 (19:22):
By dropping your case. I would call the lawyer.
Speaker 1 (19:26):
And say, hey, we have a real issue here.
Speaker 2 (19:31):
You're the one that sent me there.
Speaker 1 (19:33):
I encourage seven thousand dollars worth of bills because of you.
Speaker 2 (19:39):
Straighten this out.
Speaker 1 (19:41):
Now comes the problem that you may have, and that is,
are you 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
(20:04):
complicated because you're sort of stuck between a rock and
a hard place. Yeah, they gave me seven thousand dollars. No,
I really didn't need it. I've been overcharged. But yeah,
it 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.
Speaker 2 (20:23):
Is that all the money you have Vivian.
Speaker 1 (20:27):
Yeah, okay, you live on Social Security and that's it right.
Speaker 3 (20:31):
Correct?
Speaker 2 (20:32):
Okay, So now.
Speaker 1 (20:34):
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 I have 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 9 (21:03):
Uh, okay something it's my car insurance responsible for.
Speaker 1 (21:10):
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 within
(21:30):
thirty days and you didn't submit within thirty days to
have your insurance cover it.
Speaker 2 (21:37):
However, you're arguing with your insurance exactly. Well, that's one.
That's one. That's good. That's one point.
Speaker 1 (21:44):
And the other point is that the other side accepted liability,
or theoretically accept liability. So you know, the interesting part
is that push comes to shove and there you are
looking at a seven thousand dollars bill and I'd.
Speaker 2 (22:01):
Sue the attorney.
Speaker 1 (22:03):
You could do that in small claim saw court too,
So you've got some ways to go here, there's different
avenues to go, and you know what I would.
Speaker 2 (22:11):
Do, Go ahead.
Speaker 10 (22:15):
I also been requesting my file from the Oh.
Speaker 2 (22:19):
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.
Speaker 1 (22:26):
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.
Speaker 2 (22:34):
That's the easy one. Susie Hi, welcome to handle on
the law.
Speaker 11 (22:39):
Still my friend and her family attended a church and
apparently there's been some kind of mis appreciation 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 member's kid had to misappropriate conduct. So
(23:00):
now this is all coming out, and the church is
telling her that they're going to announce her son's name
or from the whole congregation so they'll know who this was.
Speaker 3 (23:09):
Can they do that?
Speaker 2 (23:11):
Well, yeah, I mean they can. You can do anything
you want.
Speaker 1 (23:14):
The question is their a liability?
Speaker 9 (23:18):
You know?
Speaker 1 (23:18):
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 2 (23:31):
Who cares, r or you only ask me who cares
ten years ago? Susie?
Speaker 11 (23:35):
Literally, well that's what that's what we're thinking too.
Speaker 1 (23:38):
But it happened 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.
Speaker 2 (23:51):
And say this is what happened.
Speaker 1 (23:53):
Yes, okay, so the pastor, why would the pastor do that,
by the way, ten years after.
Speaker 11 (23:58):
The fact, Because now there's some things that people are
threatening to sue the church because of past mispro.
Speaker 3 (24:05):
What se the church for?
Speaker 2 (24:07):
Wait a second, sue the church for what?
Speaker 11 (24:09):
I don't I'm baffled by it.
Speaker 3 (24:12):
To Bill, Okay, so here's a couple.
Speaker 2 (24:14):
Here's a couple.
Speaker 4 (24:15):
Okay, here's a.
Speaker 2 (24:15):
Couple of things.
Speaker 1 (24:17):
So now you hear the pastor say something about someone
else's kid.
Speaker 2 (24:22):
Uh, and it happened ten years ago.
Speaker 1 (24:25):
Now when you say inappropriate conduct, how inappropriate are we
talking about, Susie?
Speaker 11 (24:31):
I think there was some touching going on some what touching?
Speaker 2 (24:37):
Oh so touching? Sexual conduct?
Speaker 1 (24:39):
Okay, well all right, 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 6 (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 4 (25:00):
I agree?
Speaker 2 (25:01):
Yeah, you just get the hell out of Dodge, that's all.
Speaker 1 (25:03):
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 and we don't even
know what they're gonna be.
Speaker 2 (25:13):
The uh, he's the church's going to be suited for.
Speaker 1 (25:15):
And the and the question is we won't sue you
if you mentioned his name. I mean, I don't get
any of that. So you have a gutlass pastor. You
have a 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
(25:37):
on every corner.
Speaker 2 (25:38):
Susie True, well heard back.
Speaker 11 (25:41):
Pastors say that he's his legal counsel is telling her
that they have to be transparent about any kind of
misconduct going on, not.
Speaker 2 (25:49):
Ten years ago. They don't not ten years ago.
Speaker 4 (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?
Speaker 3 (26:12):
Is it?
Speaker 2 (26:13):
Child abuse? Is all?
Speaker 3 (26:15):
I mean?
Speaker 1 (26:15):
Sexual misconduct? Have him ten years ago? No, I don't
think there's any any requirement. 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 gutless pastor who certainly isn't
very And I'm putting in quotes now, Christian, come on,
do you do that to people?
Speaker 2 (26:35):
No, this is handle on the law.
Speaker 1 (26:39):
Welcome back, handle on the law, marginal legal advice. Hi, Jerry,
welcome to handle on the law.
Speaker 12 (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.
All right, who's the property on Who's property to pay
for the repair?
Speaker 2 (27:20):
Whose property is on the retaining wall?
Speaker 12 (27:23):
I think the property and the retaining wall is on
our property.
Speaker 2 (27:27):
Okay. And his dirt damaged your retaining wall?
Speaker 3 (27:31):
Correct, pushed it over? Yes?
Speaker 2 (27:33):
Oh yeah he's responsible? Oh good, yeah, yeah, absolutely he's irresponsible.
Speaker 1 (27:38):
And there may or may not be insurance. How much
is going to cost to fix this thing?
Speaker 12 (27:41):
You know, maybe fifteen 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 say. 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 12 (28:16):
Okay, well I just a little a little more information.
Our retaining wall is probably a foot to two feets
past our dividing line between the property. But it's his
dirt that's pushing it over. I think whoever owned the
house before put that retaining wall. Okay, that flowed from
you know, coming to our property.
Speaker 1 (28:36):
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 as soon, 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 wall.
Speaker 3 (29:13):
Oh here did you speaker phone?
Speaker 2 (29:16):
Yeah, that would be good.
Speaker 3 (29:17):
Hey, you know, thanks for taking my call real quick?
Are you? This week?
Speaker 13 (29:21):
I was I was in a major supermarket, was in
the back of the market by the deli.
Speaker 3 (29:28):
Got detained by two store employees permanently, just one stock clerk.
Speaker 13 (29:34):
She indicated it was a female, indicated that I was
stealing from the store. There was no you know, I
demanded that there's no theft occurred, okay, And you know
I was just dressed.
Speaker 3 (29:47):
You know, in fact, I just very handsomely.
Speaker 2 (29:50):
You know, Well, there you go, there's a difference. There's
your defense.
Speaker 1 (29:53):
I was dressed handsodly, handsomely, and therefore I couldn't have
stolen because no one who dressed as well.
Speaker 13 (29:58):
Nevertheless, I told her to call the police, call the miniager,
and she's called me a th three times.
Speaker 3 (30:04):
All right, some other obscene derogatories threw me out of
the market. I was just shocked in the kneze.
Speaker 13 (30:09):
I just can't believe what just occurred, right real quick,
called the miniature.
Speaker 3 (30:14):
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 them, you know, I'm
gonna try to see, you know, legal aid of what's
what's your question, Paul at California.
Speaker 13 (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 2 (30:35):
No, no, there isn't. I don't think in any state
there's a law against it.
Speaker 1 (30:38):
So let's talk about what they did when you said
I was detained.
Speaker 3 (30:42):
How long was that? My detention was about five minutes, okay.
Speaker 1 (30:47):
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.
Speaker 3 (30:56):
They let you go, so they threw no, they threw
me out. They have a.
Speaker 2 (31:01):
Right to do that. They have a right.
Speaker 1 (31:03):
They have a right to 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.
Speaker 2 (32:31):
You don't have it.
Speaker 1 (32:31):
You don't have a fundamental right to go into a store.
Why would you want to go to a store back anyway?
Speaker 2 (32:35):
Who did that? I mean, I want to return to
that kind.
Speaker 3 (32:38):
I'm not That's not my issue. The issue is, you know,
do I at least have a small thing? No?
Speaker 2 (32:43):
No, no, what are you going assume him for? What
are you gonssume him for?
Speaker 3 (32:46):
You?
Speaker 2 (32:48):
No, they didn't wait a sec. They called you names.
Speaker 1 (32:51):
They go in the store and say, hey, Paul just
stole from us.
Speaker 2 (32:55):
Paul is a thief?
Speaker 1 (32:56):
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, I want
to show you a thief.
Speaker 2 (33:04):
Did they do that?
Speaker 3 (33:07):
There's enough people that cause alarmed that everybody looked at me.
Speaker 2 (33:12):
Who is everybody?
Speaker 3 (33:14):
I mean just bystanders. I'm okay.
Speaker 1 (33:16):
And by the way, do you let me ask you
how are you defamed if they don't know who you are?
Speaker 3 (33:22):
Eh? Goodness, A good point.
Speaker 1 (33:24):
Yeah, that is the point amongst others. Oh, and I
understand him being pissed off.
Speaker 2 (33:29):
I would too.
Speaker 1 (33:30):
I would be angry you called me names. I didn't
steal anything. You got employees that are willing to do this.
If I were the manager, i'd fire those people. But
none of that is illegal, not one of them.
Speaker 2 (33:45):
Jennifer, Hello, Jennifer, welcome.
Speaker 3 (33:48):
Hello.
Speaker 10 (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
of having a ventilator, and the person died. Is there
a case Yeah?
Speaker 2 (34:24):
Probably based on what you said.
Speaker 1 (34:25):
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, you go for it. If nothing else,
(34:46):
just based on what you said, a med male attorney
is going to deal with it.
Speaker 10 (34:51):
Person had see 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.
Speaker 2 (35:22):
Or Yep, we have him and we're going to go forward.
Speaker 1 (35:25):
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 10 (35:33):
As to another question, since this person had no income
required one hundred percent support. I'm concerned about the damage
issue because when.
Speaker 1 (35:41):
You 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 10 (35:47):
Okay, so you think it would be worth looking into.
Speaker 2 (35:50):
I certainly would. It's not going to cost you anything.
Speaker 10 (35:52):
Okay, very good, Thank you very much.
Speaker 12 (35:54):
Okay.
Speaker 1 (35:55):
By now you know, I'm a huge fan of Zelman's.
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
(36:39):
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.
Speaker 2 (36:51):
This is Handle on the Law. You're listening to Bill
Handle on Demand from KFI AM six forty
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