Episode Transcript
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Speaker 1 (00:00):
You're listening to k I AM six forty the Bill
Handles show on demand on the iHeartRadio f.
Speaker 2 (00:08):
KFI AM six forty.
Speaker 1 (00:10):
Bill Handle here on a Saturday morning, last hour together.
But I'll still take I will still take phone calls
as I get off the air at the top of
the hour, so everybody has a chance to answer. I'll
answer everybody's questions and no one gets hung out to dry.
And the phone number. We have some lines open. We're
pretty fill full, but we do have some lines open.
(00:31):
Eight hundred five two zero one five three four, eight
hundred five two zero one five three four. This is
handle on the law marginal legal advice where I tell
you we have absolutely where you have absolutely no case.
(00:53):
This is State Bar of California. Oh, this is the test.
Speaker 2 (00:56):
For the state Bar.
Speaker 1 (00:57):
This is when someone basically finished law school wants to
become a lawyer and takes the bar bar exam and
it's given out. It's done two times a year, once
in February and once in July. And I think I
took the July Bar and got sworn in in November
to California, to California State Bar.
Speaker 2 (01:20):
And the test is absolutely brutal I mean, it is
not fun.
Speaker 1 (01:26):
It is three days, two different kinds of testing. One
is essay, where you simply i'll give you an example
of the question, kind of crazy. And then there's multiple choice.
The multiple choice, you have four answers. They'll ask you
a question, and there are four answers ABCD or E
(01:46):
and I think none of the above, but I think
it's four answers, all four right. So one is more
wrong than the others, and you have two both of
them being right at about the same right.
Speaker 2 (01:59):
And then there's one that's the most right.
Speaker 1 (02:02):
But it's very nuanced to the point whereas people take
the test, if half the people answered the most right
number one and two, they throw out the question because
it's just too close. So that's just a bear to do.
And so what happened is the questions are written by
(02:26):
people who write the state bar.
Speaker 2 (02:28):
Now they're using artificial intelligence.
Speaker 1 (02:30):
Tried it this time around, and it turns out that
the bar was The exam was plagued with technical problems
and all kinds of irregularities. And it is so bad
because first of all, there was a subset of questions
that were recycled from a first year law student exam.
They're not supposed to do that. Others were developed with
(02:53):
the assistance of AI by an AI company, and.
Speaker 2 (02:57):
It was just a cluster truck.
Speaker 1 (03:00):
And according to the assistant dean of academic Skills that
you see are Vine Law School, this debacle that was
a February twenty twenty five bar exam is worse than
we imagine.
Speaker 2 (03:09):
I'm almost speechless.
Speaker 1 (03:11):
Having the question as drafted by non lawyers using artificial
intelligence is just unbelievable.
Speaker 2 (03:18):
And here's why.
Speaker 1 (03:19):
Because these were AI developed questions written by non legally
trained psychometricians. I guess those people that write these things
represented an obvious conflict of interests and it made absolutely
no sense.
Speaker 2 (03:33):
The questions just made no sense.
Speaker 1 (03:37):
And so they're tossing that out and I guess they're
redoing that part of it, but just give you an
idea on the essay part. Here's a typical question. I
remember something like this. Okay, John gets in his car
and drives off. Turns out that John had just gone
to a mechanic and the mechanic said the car is fine.
(03:58):
John then is learning, puts on the brake, and the
brakes fail. He plows into a telephone poll that had
just been examined by the city, had just been looked at,
and the city inspector said it was fine. It was defective,
(04:18):
and it fell on a car that was going the
wrong way and the driver was injured. Discuss the liabilities,
Who's at fault, how much it fault. That's the typical.
That was the bar exam that was fine and had
gone beyond that. So that one written by I believe lawyers.
(04:41):
I don't know at this point whether AI or not.
Speaker 2 (04:43):
All right, let's go ahead and take some phone calls.
Let me see, let me see me, you see me
see all right?
Speaker 3 (04:51):
Mark? Mark?
Speaker 2 (04:52):
Hello? Oh are you actually in Japan? Mark?
Speaker 3 (04:55):
I really am Bill?
Speaker 2 (04:57):
Wow? And oh that's great.
Speaker 1 (05:00):
And so you're I don't know what the hell time
it is over there? I yes, your morning time the
next day or even at time.
Speaker 3 (05:07):
At two am, a little after two am, and.
Speaker 2 (05:10):
You're Roup, Okay, what can I do if you're Mark?
Speaker 3 (05:14):
So let's say thank you for taking the call. Built.
Let's say that I'm in a religious cult and I
believe that the leader of the cult is God, and
in whatever way I upset him, and he takes a
golf club and he destroys the windshield of my car.
(05:37):
Can I file a claim on that as being an
act of God?
Speaker 1 (05:43):
Well, first of all, if you're filing the claim, you're
if it's a nack of God. It's the people who
are on the other side they're claiming an act of God.
Speaker 2 (05:54):
Okay, you're asking for this is a great question my way.
Speaker 1 (05:57):
I've never had these, but I'm having fun with this,
mainly because you're in your and then I'm going to
tell you a quick a quick story.
Speaker 2 (06:04):
Last time I was in Japan.
Speaker 1 (06:05):
So you're asking someone to replace your windshield. They're going
to argue it was an act of God because his
cult leader is God.
Speaker 2 (06:14):
That's for starters. You're trying.
Speaker 1 (06:16):
What you're trying to do is Yeah, what we're trying
to do is say that you're an active God.
Speaker 2 (06:21):
Therefore no one's at fault. You're saying this guy's at fault.
Speaker 1 (06:23):
So active God is a defense active God. For example,
cruise ships that have done everything to get out of
a hurricane and it hits, and that's an active God.
You know weather, you know fires that burn, you know
the wind is one hundred miles an hour. A lot
of that is active God. Now, the fact that it's
(06:46):
a cult leader. How does a cult leader become a god?
I mean you can consider it's an everything he or
she does is an active god. So no, so not
only have I never been asked that question, it's not
real bright. And the last time have you been to
Heroshia by any chance? I'm sure you have.
Speaker 3 (07:02):
I have both a Rushima and Nagataki.
Speaker 1 (07:04):
I've been right as I have, and last time I
was there, matter of fact, the only time I was there.
Speaker 2 (07:10):
I know.
Speaker 1 (07:10):
They have the Peace Park where ground zero was, and
that exposition hall that you see the skeleton of that building.
Speaker 2 (07:17):
And people think it's the church. It wasn't. It's an
exhibition hall. And that was two hundred.
Speaker 3 (07:21):
Yards the atomic dome.
Speaker 1 (07:23):
Right, and that was two hundred yards away from ground zero.
I mean that bomb just was, you know, a thirty
five hundred feet or fifteen hundred feet right above there.
And so there is that rail around it. And every
school kid in Japan goes to the Peace Park, that's
what it's called now, and the paper cranes and it's
just it's a big deal. And there were two Japanese
(07:46):
businessmen that were sitting at the railing about fifteen feet
from me, and I was looking as by myself and
they're talking and they're looking at the dome and I
turned to them and I said, don't screw with us again.
And I don't know if they spoke English or not.
But you know, the Japanese are they're not very emotive,
(08:09):
as you know, they just very very They just don't
react very much.
Speaker 2 (08:13):
What are you doing in Japan? Real quickly, before we
take a break.
Speaker 3 (08:17):
I'm retired now. I was here in the Navy on
active duty and then as a civilian, but I just
retired on the first of this month.
Speaker 2 (08:26):
Oh, good for you. I do speak Japanese.
Speaker 3 (08:30):
I speak Tarzan in Japanese.
Speaker 1 (08:33):
Oh that's funny, that is see, that was funny. And
so what do you do? How do you live in
Japan not speaking Japanese? I mean, what do you do?
Speaker 3 (08:41):
No? I mean I do, I do speak it, but
just not well No, I understand.
Speaker 2 (08:45):
Okay, I understand. But what do you do? I mean,
what do you do you wake up at the morning?
You're in Japan?
Speaker 4 (08:49):
Now, what.
Speaker 3 (08:51):
Well, recently I've started this hike of eighty eight temples
down in Chikoku. It's like a seven hundred and sixty
mile track. But that's my thing right now.
Speaker 2 (09:03):
Wow, okay, just curious, all right, good call. Never had
one of those not from Japan.
Speaker 1 (09:10):
And by the way, i'm to this day, I wonder
if those Japanese businessmen understood what I said. Ah now,
let me move over to talking about your pain. If
you're suffering from pain, if you're suffering from chronic pain,
which means all the time, or a loved one is.
And I know this because I have a loved one.
(09:31):
My wife suffers from chronic pain, and I'm looking at
I don't know how.
Speaker 2 (09:35):
She does it. It's it's really tough.
Speaker 1 (09:37):
And so if you are suffering, or you're dealing with someone,
or you live with someone, you're treating with someone, let
me suggest her podcast, which is The Pain Game podcast,
because it's about chronic pain and trauma and it's about
dealing with chronic pain and how she deals with it.
She created this podcast to help people who are suffering
with chronic pain and people who live with people.
Speaker 2 (10:00):
We're suffering from chronic pain, which is my situation.
Speaker 1 (10:03):
And it's all about helping people and it really works.
So let me suggest listening to this podcast. It's The
Pain Game podcast. The Pain Game Podcast.
Speaker 2 (10:13):
Also, she's kind of out of her mind and there's
a lot.
Speaker 1 (10:17):
Of funny and humor, and she's somewhat depraved as well
as gets very serious.
Speaker 2 (10:21):
It's worth listening to.
Speaker 1 (10:23):
It's the Pain Game Podcast. You can follow on social
network at the Pain Game Podcast. Season three drops next
week wherever you listen to podcasts. The Pain Game Podcast.
This is handle on the law.
Speaker 2 (10:41):
AM six forty Bill handle here.
Speaker 1 (10:43):
It is a Saturday morning eight hundred and five two
zero one five three four.
Speaker 2 (10:49):
And welcome back.
Speaker 4 (10:52):
Ah.
Speaker 2 (10:52):
This is great stuff today. Take some good questions. Who
Hey Randy, welcome.
Speaker 5 (10:58):
Hi Bill.
Speaker 6 (11:00):
Since you recently traveled to Europe and came back, I
wanted to ask this question. I am going to Europe
with a friend and that person was born in Cuba,
even though they lived here for fifty years and have
an American passport. Is there any concern about coming back
in the country.
Speaker 1 (11:16):
Yes, they will arrest her and put her in jail
for forty years. She is an American citizen, lady. She
it doesn't matter where she was born. She's a US
citizen and by law, US citizens are allowed back in
the country under any circumstances.
Speaker 2 (11:32):
And the fact that she was born in Europe means Cuba.
Cuba means absolutely nothing. Nothing.
Speaker 4 (11:39):
Okay, So you.
Speaker 2 (11:41):
Guys are flying. You know, here's what you're going to get.
Speaker 1 (11:44):
You're going to get the same thing that everybody else
gets when they walk in the country. Welcome back, all right,
I'm coughing my way through this one. Claire, Hi, Claire,
welcome to him.
Speaker 5 (12:00):
Yes, ma'am, Yes, I'm in a lawsuit.
Speaker 4 (12:04):
Of course, you are been settled.
Speaker 5 (12:07):
And I signed the paper saying I agree with the settlement.
Speaker 2 (12:12):
Okay.
Speaker 5 (12:13):
But then I got a text yesterday from my attorney
saying that the defense would be calling me for a deposition.
Speaker 1 (12:23):
Well, it could be a deposition because you settled, it
doesn't mean other people have not settled it.
Speaker 2 (12:29):
That's the first thing that I think of.
Speaker 1 (12:31):
If the lawsuit is still alive and you're already settled,
you are out of the lawsuit, and now you're coming
in as a witness.
Speaker 2 (12:42):
That's my guess.
Speaker 1 (12:46):
I was in the accident, Well, it doesn't matter, it
doesn't matter. Were there other people? Are there other people
involved in the accident?
Speaker 5 (12:53):
Claire, Yes, but not in this lawsuit.
Speaker 1 (12:57):
Not in this lawsuit. It was only a lawsuit. Well,
let me ask you. The deposition is regardless. I'm sure
that it is to do with the other lawsuits. And
you were there. I'm sure you were a witness to it.
And so yeah, I mean, I don't know for a fact,
but there can't be any other any other reason I
can think of. Monica, Hi Monica, Yo, Monica.
Speaker 7 (13:24):
Hi Bill, thank you for taking my call.
Speaker 2 (13:26):
Sure.
Speaker 7 (13:27):
My question is is there a statue of limitations to
sue a company that possibly caused a death?
Speaker 1 (13:35):
Okay, so tell me what kind of company and whose.
Speaker 3 (13:40):
Death it was?
Speaker 7 (13:43):
My mother. She was in treatment. She was in a
dialysis center and the port that she had was near
her heart.
Speaker 4 (13:52):
Ah, the.
Speaker 7 (13:55):
Nurse broke the needle off in the port and they
were working on it. She went into cardiac arrest.
Speaker 2 (14:05):
Okay.
Speaker 1 (14:05):
And yeah, that's based on what you say. And I'm
assuming the notes. I'll say that right. All the medical
notes discuss what happened, the port, the breaking of the needle,
the cardiac arrest.
Speaker 2 (14:17):
It's all there on paper, that portion it is.
Speaker 1 (14:23):
Okay, fair enough, So you asked about so far, so good.
Now you asked about the statute of limitation. When did
this happen?
Speaker 7 (14:32):
Eleven years ago?
Speaker 1 (14:34):
Why are you waiting eleven years to make this moone call?
Speaker 7 (14:40):
You know, Bill, I'm not one of those people that
you know, sued.
Speaker 2 (14:43):
My mom died and by the way.
Speaker 1 (14:45):
And you still and you're still one of those people
that don't sue.
Speaker 2 (14:51):
I just want to point that out, you know, Yeah,
eleven years ago?
Speaker 1 (14:55):
No thanks, statute of limitation is long, long, long gone.
Speaker 2 (15:03):
Sure? Why not? Michael Hi, Michael.
Speaker 3 (15:08):
Hi?
Speaker 2 (15:09):
Hello, guys, go ahead take my call.
Speaker 4 (15:12):
I was confused as to which of the dates I
should be using for my correct identification because I found
out that there's three.
Speaker 2 (15:27):
Different ones, three different three different what.
Speaker 4 (15:32):
Three different versions of my birth certificate?
Speaker 1 (15:37):
Three different versions of you see, you have three different
birth certificates with different days of birth.
Speaker 4 (15:45):
Yes? Wow, so the first one's purple.
Speaker 1 (15:50):
I know, it doesn't matter, It doesn't matter. Don't worry
about the colors. I don't get that the only one.
Speaker 2 (15:56):
Now, do you have?
Speaker 1 (15:57):
Well, let's go ahead and talk about the birth certificates themselves.
Speaker 2 (16:00):
Is there a stamp? Is there a seal.
Speaker 1 (16:04):
On the birth recorder on the birth certificate from the
in this case probably be the recorder's.
Speaker 2 (16:09):
Office when it was recorded?
Speaker 4 (16:11):
Yes?
Speaker 2 (16:12):
Okay? Do all three have that stamp.
Speaker 4 (16:16):
No, okay, well, well I'm much. I couldn't tell you
that one.
Speaker 1 (16:21):
Well, you have to because you have to see him.
And if there's one that has the stamp, that's that's
your legitimate legal birth certificate. The other two I have
absolutely no idea. So if you have one that has
a stamp on it by the recorder's office, there it is,
there's your day to birth.
Speaker 2 (16:39):
And if you don't have them in front of you,
how do you know you have three of them?
Speaker 3 (16:44):
I do have the because one is a small version
like a itself.
Speaker 1 (16:52):
Oh I understand there's long version in the short versions
which one has the stamp on it? The the short
small one that is your certificate.
Speaker 2 (17:06):
That's the date that you were born. I don't know
if it matters unless they're fifteen years apart.
Speaker 1 (17:13):
Oh, John, Hi John, welcome, Good morning.
Speaker 2 (17:21):
John. Let me do this, John.
Speaker 1 (17:22):
Let me put you on hold of a minute, because
I want to take I'd have to stop you because
I got a spot to do.
Speaker 2 (17:27):
So don't go away. I'll be back with you. All right.
Speaker 1 (17:30):
I'm talking to business people now, okay, now I got it. Yeah,
you're there. I'm talking to business people who have two
million dollars or more in sales or business, and I
will tell you about what's going on with your business.
I'm sure I think you're losing money, productivity and a
competitive edge. How do I know that, Well, if you're
not using a I, if you're not using net Suite,
(17:54):
I think that's happening. Net Suite actually helps control costs,
increase efficiency, You make more money, you are more productive,
you have a competitive edge. What it is is the
number one cloud business management system. It brings accounting and
financial management, inventory if that's part of what you do HR,
which everybody does, into one efficient suite. So it's the
(18:18):
same numbers being shared with all aspects of your business.
Nothing is done manually and so it's easy to deal
with it, easy to do business and probably the most importantly,
easy to forecast what's going on. You have the information
in front of you net Suite. If you do two
million dollars or more, you want to look at NetSuite.
By the way, forty one thousand companies have done exactly
(18:41):
that and use NetSuite. So download the net Suite CFOs
Guide to AI and Machine Learning.
Speaker 2 (18:49):
The download is.
Speaker 1 (18:50):
Easy, it is fast, and you'll see if NetSuite it
works for you, and I'll bet you it does. Go
to NetSuite dot com slash handle NetSuite as an office suite,
NetSuite dot com slash handle A J N D E
L NetSuite dot com slash handle.
Speaker 2 (19:09):
This is Handle on the Law. You're listening to bill
handle on demand from KF. I am six forty.
Speaker 1 (19:18):
JFI am six forty handle here on a Saturday morning.
Eight hundred five two zero one five three four is
the number. And welcome back to Handle on the Law.
And let me see if I can bring John back.
Speaker 3 (19:34):
John?
Speaker 2 (19:34):
Are you there.
Speaker 4 (19:37):
All right?
Speaker 2 (19:37):
What did I do?
Speaker 3 (19:38):
Oh?
Speaker 2 (19:38):
I lost John? All right? Well and he only waited
for four hours. Nope, here we go. Excellent. All right, John?
There you are there? I am yeah there, Yeah, there
you are all right? What can I do for you?
Speaker 4 (19:50):
John? Hey, I got a real problem about two and
a half years ago. Three years ago, I hired a
bookkeeper to come and keep books and pay the bills
at my business. And as it turns out, she decided
that she was going to take all the money out
(20:11):
of the bank, not pay any of the bills, and
bill me for for paying the bills and doing all
the bookwork that she hadn't done. So now I'm in
big trouble with the tax people with this.
Speaker 2 (20:22):
Yeah, hang on a minute, I'm a little confused.
Speaker 1 (20:24):
She took all the money and then build you explain
that to me.
Speaker 4 (20:29):
Well, she was billing me for all the work she
was supposed to be doing.
Speaker 2 (20:32):
But she she was billing you for her work. I
got it.
Speaker 4 (20:35):
Okay, yes, all right, but she didn't didn't pay your taxes.
Speaker 2 (20:39):
Now, okay, how much how much you owe your how
much you owe in taxes?
Speaker 4 (20:43):
Oh, about twenty thousand dollars.
Speaker 2 (20:45):
Okay, So she took all the money.
Speaker 4 (20:48):
She took all.
Speaker 2 (20:49):
I understand it. I get it. I get it.
Speaker 1 (20:51):
So here's what you have to do is you have
to go to an accountant who is an enrolled agent with.
Speaker 2 (20:59):
The I r S.
Speaker 1 (21:00):
Okay, these are people who have registered with the I
R S and have experience appearing on behalf of the
taxpayer their clients in front of the I R S.
Speaker 2 (21:11):
Because what you have you have a couple of things
going on.
Speaker 1 (21:13):
First of all, you're an innocent victim of what happened,
and that has to be established instantly with the I
R S.
Speaker 2 (21:20):
I r S doesn't know that your book keeper ripped
you off.
Speaker 1 (21:24):
All they all the i r S knows is that
you have X amount of income and you didn't pay
your taxes.
Speaker 2 (21:30):
Yea, and so they're going after you.
Speaker 4 (21:33):
I thole to complain against your with the Sheriff's department.
Speaker 2 (21:35):
And yeah, that does that's true, Okay, I get it.
That's fine.
Speaker 1 (21:37):
That's but that's totally different in terms of what you
find what you go in front of the I R
S with. Now, your accountant will use that and show
the I R S and say, hey, John is an
innocent victim of this, and then start cutting deals with
the I r S.
Speaker 2 (21:54):
This is one you do not want to do on
your own.
Speaker 1 (21:57):
You need the expertise of someone who has has appeared
in front of the I r S. And there you
have to do a little research because it's not just
your normal accountant, it's your non normal.
Speaker 2 (22:09):
Accountant, innormal, not particularly a normal.
Speaker 1 (22:11):
Accountant who has experienced dealing dealing with the IRS under
these circumstances, and they're out there. The only issue is
you get to find out who and what they are.
Speaker 2 (22:21):
James, Hello, James.
Speaker 8 (22:24):
Hey Bill, good morning, an sir. My question is my
mother owns a house that my wife and I live in.
If she passes away and I inherit the house, does
the house become community property?
Speaker 2 (22:40):
Nope, it's all yours. How much is the house worth?
Speaker 8 (22:45):
About a million?
Speaker 3 (22:46):
Oh?
Speaker 2 (22:47):
How long you been married?
Speaker 3 (22:49):
Ten years?
Speaker 2 (22:50):
Hmm?
Speaker 1 (22:51):
You think you're right? Your wife's going to ask for
an interest in the house.
Speaker 3 (22:57):
Well, of course.
Speaker 1 (22:58):
Okay, here's what you have to do is I would
go to one of those international dictionaries and find out
how many ways you can say so o l in
various languages to your wife.
Speaker 2 (23:13):
There you go, there it is. There's the answer. It
is yours. Inheritance is not community property. Inheritance is yours.
Speaker 4 (23:21):
Can I ask one more quick question?
Speaker 1 (23:22):
Yeah, and one quick and by the way, one quick one.
In order to keep it yours, do not transfer it
into community. Don't put her name on the on the deed.
Once you do that, she owns half the house. Okay,
what's your next question?
Speaker 8 (23:36):
I just wanted to know about mingling?
Speaker 2 (23:38):
Is That's exactly what all right? I caught you early.
Speaker 1 (23:42):
Don't keep that property separate, never transferred into her name.
Speaker 2 (23:47):
It is your house, separate property.
Speaker 1 (23:52):
Mingle you com mingle, she loves you and she owns
half the house.
Speaker 2 (23:57):
That really works really well when when you're getting divorced. Hello, Sandra, welcome.
What can I do for you?
Speaker 9 (24:09):
Hi, Sara, thank you for taking the call. I don't
know if I need to report my employer to the
FTC or the California labor law or if we have
a class action. But my coworker and I just found
out that our four to one K contributions or individual
contributions have not been deposited into our one K accounts.
And the company that handled it said that it's our
(24:31):
employer's issue. It's his accounting issue. It's been going on
since twenty twenty three. Come to find out it's around
seventy to eighty grand for about employees in total.
Speaker 1 (24:40):
Yeah, I mean, what do you mean do you have
to No, you don't have to report anything.
Speaker 2 (24:44):
Do you want to?
Speaker 3 (24:45):
Hell?
Speaker 1 (24:45):
Yes, because your employer stole your money? Is what your
employer did. Now, let me ask you is when it's
seventy eighty thousand dollars, is this matching four oh one
K money.
Speaker 9 (25:00):
No, that's just our individual money coming out of our
paychecks that was supposed to go into our for one case.
Speaker 1 (25:05):
Okay, so you elected to take your paycheck and put
it into four oh one K plan and instead your.
Speaker 2 (25:10):
Employer took the money. Correct.
Speaker 1 (25:12):
And your employer took the money yeah, okay, and noted
on your statement that he was taking your money out
and putting it into a four to oh one K plan.
Speaker 2 (25:21):
Correct.
Speaker 9 (25:23):
Correct?
Speaker 1 (25:23):
Yeah, that's criminal. Yeah, you go to the authorities on
that one. Do you have to report it?
Speaker 4 (25:28):
No?
Speaker 2 (25:28):
Do you want to report it?
Speaker 1 (25:29):
Yes, it's not a class action. It's only the twenty
employees that I gotten screwed. But the good news is
there are twenty of you, So whatever legal fees are involved,
you split it because there's.
Speaker 2 (25:43):
Twenty play nets. You split it. But among twenty people. Yeah.
Speaker 9 (25:47):
Yeah, another building with other employees as well.
Speaker 3 (25:50):
Yeah.
Speaker 2 (25:50):
No, you go for it. You just go for it.
Speaker 1 (25:52):
Find an attorney. Yeah, just find a business attorney, No
question about that. Oh, Sharon, Hi, Sharon, Yes, go.
Speaker 2 (26:00):
Ahead, thanks, call sure.
Speaker 10 (26:03):
My grandmother is My grandmother is in a nursing home
and we pay about seventy five hundred dollars a month
for her care. Two thousand dollars of that care is
considered medical because of the memory care aspect of the home,
and it's it states that on the invoice that we
pay every month. So now we're asking United Healthcare through
(26:23):
Medicare to reimburse us for the medical part that two
thousand dollars.
Speaker 5 (26:30):
They have declined.
Speaker 10 (26:31):
We've appealed, they've declined again, stating that they will not
pay because they the home is not a Medicare provider.
Speaker 11 (26:44):
And my reply to that is, we have looked.
Speaker 10 (26:49):
You don't give us a Medicare provider. There are no
in network Medicare providers in our area.
Speaker 7 (26:55):
So do we have a case?
Speaker 2 (26:57):
Boy? You got me. I have absolutely no idea. It's
the rules. It's probably the rules of Medicare.
Speaker 1 (27:05):
And I can see Medicare is saying you have to
be it has to be a provider. Okay, fair enough,
has to be in the network. What if there is
no provider that in your area? Like you say, what
are the rules? Has there been litigation? As anybody believe me,
you're not by yourself. This isn't the first time they've
gone through this rodeo, and so you have to find
(27:26):
out what just do a history of exactly what happened
there and find out are there court cases on this?
Have there been decisions made by the Medicare people. I think,
what if Medicare is under Department of Health and Human Services.
I don't know when it's under, but you have to
figure out. And I don't know whether you have a
case or not, but you're gonna find out pretty quickly
(27:50):
when you do all of that research. All right, let's
go ahead and take a break, our final break of
the hour, and we'll be back. And then at the
top of the hour, I'll tell you how I'm going
to continue on with the phone calls off the air.
This is Handle on the Law, and this is KFI
Bill Handle here, And as we are in the last
(28:11):
segment of the show, a quick word that at the
top of the hour, when I lock out and Richard
Murrow comes aboard, I will still take phone calls off
the air, and I'll go through them very quickly.
Speaker 2 (28:24):
And the number is the.
Speaker 1 (28:25):
Same as it is now, eight hundred and five two
zero one, five three four, And you can call anytime
after that.
Speaker 2 (28:31):
And if you're on.
Speaker 1 (28:32):
Hold at the end of the hour, stay put because
I will get to you.
Speaker 2 (28:39):
Oh.
Speaker 1 (28:39):
Yes, welcome back, Hi, Veronica, welcome to Handle on the Law.
Speaker 4 (28:45):
Hi.
Speaker 11 (28:46):
Yes, okay, So I am so our company is had
gotten a letter trying to see if they could go
on with suing us to see if they had a case.
Speaker 1 (29:00):
Okay, hold on, your company wants to sue you.
Speaker 11 (29:08):
For an employee wants to sue our company.
Speaker 2 (29:12):
Ah, okay, got it?
Speaker 4 (29:14):
Yes, okay.
Speaker 11 (29:16):
She she was fired about going on a year and
a half ago, and so uh, the attorney had sent
us a letter. So I contacted our attorney, and so
they said, let's just get all the documentation. Let's write
(29:37):
them a letter. Let's you know, let them know so highlighted,
cross checked everything everything that she was she wanted to
sue for. I pretty much gave them all information and
I wasn't. I didn't have an answer yet with the attorney.
So I called asked them if they can give me
(29:58):
some an answer. So I got an email, just a
vake email from the attorney.
Speaker 2 (30:03):
Who is you? Who give you?
Speaker 4 (30:06):
Wait a minute yesterday?
Speaker 2 (30:08):
Which attorney?
Speaker 3 (30:09):
Which is it?
Speaker 2 (30:10):
Hold On? You're not making it easy.
Speaker 11 (30:12):
I hate to ruin your weekend. Receive demand from the attorney.
Wil the demand is which attorney? It isn't as high as.
Speaker 2 (30:23):
Okay, I'm sorry about that. There's some screw up where
you couldn't hear me. There was a little confusion there. Okay,
that was easy. She calls back, We'll try to do
this again. Ricky, Hi, Ricky, Ricky are there, yes, sir?
Speaker 12 (30:40):
Hey, So I was wondering what happens with all the
money Sean Diddy compound when he goes off to prison.
Speaker 4 (30:48):
You have to create a trust and.
Speaker 1 (30:50):
Oh, that's a good question. That's a good question. The
answer is, it's his money. He can do whatever the
hell he wants with it. All right, They're not going
to take his money unless the argument from the government
is he got his money through illegal means, then the
government can grab it. But I don't think that's the case.
I think he got his money legally because he's uh,
(31:10):
you know, did he and so he's you know, a
wealthy guy and didn't steal any money because his issue
is a sexual sexual issue.
Speaker 2 (31:19):
Now can't you Can he use his money in prison?
Speaker 3 (31:25):
No?
Speaker 1 (31:26):
Uh, he's only allowed a couple hundred bucks a month
to put into you know, into the kiddy where he
buys Dolrito's and Cheetos and ramen from the commissary. And
that's all he's about. That's all he gets. But his
wealth keeps on going, you know, and does yeah.
Speaker 2 (31:45):
Go ahead.
Speaker 1 (31:46):
I don't know if what about the Mendes brothers if
they get released from prison, do they get Daddy's money,
Mommy and Daddy's money. No, because they committed the crime
unless they are pardoned and then they can, but that
money is gone.
Speaker 2 (32:00):
I mean, that's you know, that was a long long
time ago. As we continue on.
Speaker 1 (32:05):
Interesting Barbara, Hi, Barbara, welcome.
Speaker 3 (32:10):
Hi.
Speaker 12 (32:11):
Yes, I was in a parking lot. I pulled in,
I turned off the key and was sitting in my
car with you know, the ignition was off, and somebody
just backed into me, rearanded me and it was like
six dollars worth of damage because they knocked in my trunk.
(32:33):
So I had my insurance you know, cover it. And
then I was trying to go back under and get
my deductible because they found me no fault. And now
the other insurance company is saying that they want to
see my black box, they want to go into the
engine in my car, and it just seems kind of aggressive.
Speaker 1 (32:51):
And yeah, I mean for six for six, for six
thousand dollars, they're hiring someone to analyze the black box.
That is so bizarre and okay, okay, unless unless they subpoena.
Speaker 2 (33:07):
You go no, thank you, no thanks? Yeah, I mean,
you know, and it doesn't make any sense. I mean,
I don't know why they would even do that.
Speaker 1 (33:14):
And when you go no, thank you, are they going
to go to court to have a judge order you
to turn over the information. I wouldn't even know how
to turn it over, to turn over the information on
a six thousand dollars case, So it makes zero sense
to me. I have no idea why they're doing this.
All right, we're back to Veronica. All right, Veronica, real quickly.
(33:37):
You're in a company that's being sued by a former
employee who was fired.
Speaker 2 (33:43):
Correct, that's the last I heard, is Veronica?
Speaker 4 (33:49):
There?
Speaker 1 (33:53):
All right? So much for there you go, yes quickly,
all right, okay, let me let me really quickly. You
you work for a company, the company's fired, but a
former employee, and the attorney reaches out and wants what
at this point and which attorney? That was the confusing part, Veronica,
is you kept on saying the attorney, the attorney, I
(34:15):
don't know which one, which side?
Speaker 11 (34:18):
Yes, so it's for representing us, so representing our company?
Speaker 2 (34:22):
Okay?
Speaker 11 (34:23):
Yes, So she reached out because I wanted to get
status on it. So okay, she said, I hate to
ruin your weekend, but I received a settlement demand from
the person's attorney, the former employee. Okay, attorney. While the
demand is high, it isn't as high as the trend
has been going. The demand is sixty five thousand. Let
(34:46):
me know if you like to send over a counter
offer or otherwise. We can chat about this.
Speaker 1 (34:51):
By the way, Veronica, are you the one that's going
to make this decision. Yes, okay, you're going to make
the decision.
Speaker 2 (34:58):
Okay.
Speaker 1 (34:58):
So they want sixty five thousand, and the offer was
made and then your attorney says, let's do a counter Okay.
Speaker 2 (35:04):
Do you say to the attorney, what do you suggest?
Speaker 11 (35:08):
So that's all the information I was given in the email,
So I she has all the documentation in the letter
I provided. I have every documentation that it proves.
Speaker 2 (35:20):
What's your question?
Speaker 12 (35:21):
So my question.
Speaker 11 (35:22):
Is is this I mean stating this is the this
is the trend right now? I don't care about the trend.
I care about the facts. If there's no facts or
is it just are they?
Speaker 2 (35:37):
Then you say no, no, you say no, But attorney's
going to want to settle, because if it settles, the
attorney gets his cut no matter what.
Speaker 1 (35:45):
Okay, unless you're paying, unless you're paying your attorney hourly.
And if it's you know, it's it's your call. You
what you have to do with trend? Okay, show me
the trend, show me what's going on. And here's a problem.
You're not going to know the trend of settlements because
they're not public.
Speaker 2 (36:02):
Okay, that's the problem.
Speaker 1 (36:04):
So I don't know even where the attorney gets the
information for trends. Okay, because virtually every settlement is a silence,
a non disclosure.
Speaker 2 (36:13):
Everybody agrees not to talk about it all.
Speaker 1 (36:16):
Right, before we finish up real quickly, I want to
talk about your breath and my breath, and how when
you eat garlic and onions and all kinds of fun food.
This morning I woke up and I had locks and bagels,
smoked salmon, Oh so good, onion the best. But you know,
my breath smells like salmon and onions, and.
Speaker 2 (36:37):
So what am I going to do?
Speaker 1 (36:39):
Well, if I see anybody, I'm going to take a
bunch of Zelman's minty mouth. Zelman's minty Mouth is not
a mint, even though these capsules small capsules are covered
with a very strong mint. So you pop two or
three in your mouth and the mint part disappears after
you're sucking on the mint for a while, and that
(37:00):
takes care of the breath in your mouth. And then
you swallow them or bite into them, and the partially
seed oil inside the capsule starts working in your stomach
where bad breath can start. And it does because after
you eat the salmon and the onions, it's in your stomach.
And this is where Zelman's minty mouth really goes to work.
And you'll see exactly what I mean. So until the
(37:21):
end of the month, if you buy a three pack
or more, you will get fifteen percent off. Go to
zelmansz L M I N S. Zelmans dot com. This
is Handle on the Law.
Speaker 2 (37:35):
You're listening to Bill Handle on demand from KFI AM
six forty
You're listening to k I AM six forty the Bill
Handles show on demand on the iHeartRadio f.
Speaker 2 (00:08):
KFI AM six forty.
Speaker 1 (00:10):
Bill Handle here on a Saturday morning, last hour together.
But I'll still take I will still take phone calls
as I get off the air at the top of
the hour, so everybody has a chance to answer. I'll
answer everybody's questions and no one gets hung out to dry.
And the phone number. We have some lines open. We're
pretty fill full, but we do have some lines open.
(00:31):
Eight hundred five two zero one five three four, eight
hundred five two zero one five three four. This is
handle on the law marginal legal advice where I tell
you we have absolutely where you have absolutely no case.
(00:53):
This is State Bar of California. Oh, this is the test.
Speaker 2 (00:56):
For the state Bar.
Speaker 1 (00:57):
This is when someone basically finished law school wants to
become a lawyer and takes the bar bar exam and
it's given out. It's done two times a year, once
in February and once in July. And I think I
took the July Bar and got sworn in in November
to California, to California State Bar.
Speaker 2 (01:20):
And the test is absolutely brutal I mean, it is
not fun.
Speaker 1 (01:26):
It is three days, two different kinds of testing. One
is essay, where you simply i'll give you an example
of the question, kind of crazy. And then there's multiple choice.
The multiple choice, you have four answers. They'll ask you
a question, and there are four answers ABCD or E
(01:46):
and I think none of the above, but I think
it's four answers, all four right. So one is more
wrong than the others, and you have two both of
them being right at about the same right.
Speaker 2 (01:59):
And then there's one that's the most right.
Speaker 1 (02:02):
But it's very nuanced to the point whereas people take
the test, if half the people answered the most right
number one and two, they throw out the question because
it's just too close. So that's just a bear to do.
And so what happened is the questions are written by
(02:26):
people who write the state bar.
Speaker 2 (02:28):
Now they're using artificial intelligence.
Speaker 1 (02:30):
Tried it this time around, and it turns out that
the bar was The exam was plagued with technical problems
and all kinds of irregularities. And it is so bad
because first of all, there was a subset of questions
that were recycled from a first year law student exam.
They're not supposed to do that. Others were developed with
(02:53):
the assistance of AI by an AI company, and.
Speaker 2 (02:57):
It was just a cluster truck.
Speaker 1 (03:00):
And according to the assistant dean of academic Skills that
you see are Vine Law School, this debacle that was
a February twenty twenty five bar exam is worse than
we imagine.
Speaker 2 (03:09):
I'm almost speechless.
Speaker 1 (03:11):
Having the question as drafted by non lawyers using artificial
intelligence is just unbelievable.
Speaker 2 (03:18):
And here's why.
Speaker 1 (03:19):
Because these were AI developed questions written by non legally
trained psychometricians. I guess those people that write these things
represented an obvious conflict of interests and it made absolutely
no sense.
Speaker 2 (03:33):
The questions just made no sense.
Speaker 1 (03:37):
And so they're tossing that out and I guess they're
redoing that part of it, but just give you an
idea on the essay part. Here's a typical question. I
remember something like this. Okay, John gets in his car
and drives off. Turns out that John had just gone
to a mechanic and the mechanic said the car is fine.
(03:58):
John then is learning, puts on the brake, and the
brakes fail. He plows into a telephone poll that had
just been examined by the city, had just been looked at,
and the city inspector said it was fine. It was defective,
(04:18):
and it fell on a car that was going the
wrong way and the driver was injured. Discuss the liabilities,
Who's at fault, how much it fault. That's the typical.
That was the bar exam that was fine and had
gone beyond that. So that one written by I believe lawyers.
(04:41):
I don't know at this point whether AI or not.
Speaker 2 (04:43):
All right, let's go ahead and take some phone calls.
Let me see, let me see me, you see me
see all right?
Speaker 3 (04:51):
Mark? Mark?
Speaker 2 (04:52):
Hello? Oh are you actually in Japan? Mark?
Speaker 3 (04:55):
I really am Bill?
Speaker 2 (04:57):
Wow? And oh that's great.
Speaker 1 (05:00):
And so you're I don't know what the hell time
it is over there? I yes, your morning time the
next day or even at time.
Speaker 3 (05:07):
At two am, a little after two am, and.
Speaker 2 (05:10):
You're Roup, Okay, what can I do if you're Mark?
Speaker 3 (05:14):
So let's say thank you for taking the call. Built.
Let's say that I'm in a religious cult and I
believe that the leader of the cult is God, and
in whatever way I upset him, and he takes a
golf club and he destroys the windshield of my car.
(05:37):
Can I file a claim on that as being an
act of God?
Speaker 1 (05:43):
Well, first of all, if you're filing the claim, you're
if it's a nack of God. It's the people who
are on the other side they're claiming an act of God.
Speaker 2 (05:54):
Okay, you're asking for this is a great question my way.
Speaker 1 (05:57):
I've never had these, but I'm having fun with this,
mainly because you're in your and then I'm going to
tell you a quick a quick story.
Speaker 2 (06:04):
Last time I was in Japan.
Speaker 1 (06:05):
So you're asking someone to replace your windshield. They're going
to argue it was an act of God because his
cult leader is God.
Speaker 2 (06:14):
That's for starters. You're trying.
Speaker 1 (06:16):
What you're trying to do is Yeah, what we're trying
to do is say that you're an active God.
Speaker 2 (06:21):
Therefore no one's at fault. You're saying this guy's at fault.
Speaker 1 (06:23):
So active God is a defense active God. For example,
cruise ships that have done everything to get out of
a hurricane and it hits, and that's an active God.
You know weather, you know fires that burn, you know
the wind is one hundred miles an hour. A lot
of that is active God. Now, the fact that it's
(06:46):
a cult leader. How does a cult leader become a god?
I mean you can consider it's an everything he or
she does is an active god. So no, so not
only have I never been asked that question, it's not
real bright. And the last time have you been to
Heroshia by any chance? I'm sure you have.
Speaker 3 (07:02):
I have both a Rushima and Nagataki.
Speaker 1 (07:04):
I've been right as I have, and last time I
was there, matter of fact, the only time I was there.
Speaker 2 (07:10):
I know.
Speaker 1 (07:10):
They have the Peace Park where ground zero was, and
that exposition hall that you see the skeleton of that building.
Speaker 2 (07:17):
And people think it's the church. It wasn't. It's an
exhibition hall. And that was two hundred.
Speaker 3 (07:21):
Yards the atomic dome.
Speaker 1 (07:23):
Right, and that was two hundred yards away from ground zero.
I mean that bomb just was, you know, a thirty
five hundred feet or fifteen hundred feet right above there.
And so there is that rail around it. And every
school kid in Japan goes to the Peace Park, that's
what it's called now, and the paper cranes and it's
just it's a big deal. And there were two Japanese
(07:46):
businessmen that were sitting at the railing about fifteen feet
from me, and I was looking as by myself and
they're talking and they're looking at the dome and I
turned to them and I said, don't screw with us again.
And I don't know if they spoke English or not.
But you know, the Japanese are they're not very emotive,
(08:09):
as you know, they just very very They just don't
react very much.
Speaker 2 (08:13):
What are you doing in Japan? Real quickly, before we
take a break.
Speaker 3 (08:17):
I'm retired now. I was here in the Navy on
active duty and then as a civilian, but I just
retired on the first of this month.
Speaker 2 (08:26):
Oh, good for you. I do speak Japanese.
Speaker 3 (08:30):
I speak Tarzan in Japanese.
Speaker 1 (08:33):
Oh that's funny, that is see, that was funny. And
so what do you do? How do you live in
Japan not speaking Japanese? I mean, what do you do?
Speaker 3 (08:41):
No? I mean I do, I do speak it, but
just not well No, I understand.
Speaker 2 (08:45):
Okay, I understand. But what do you do? I mean,
what do you do you wake up at the morning?
You're in Japan?
Speaker 4 (08:49):
Now, what.
Speaker 3 (08:51):
Well, recently I've started this hike of eighty eight temples
down in Chikoku. It's like a seven hundred and sixty
mile track. But that's my thing right now.
Speaker 2 (09:03):
Wow, okay, just curious, all right, good call. Never had
one of those not from Japan.
Speaker 1 (09:10):
And by the way, i'm to this day, I wonder
if those Japanese businessmen understood what I said. Ah now,
let me move over to talking about your pain. If
you're suffering from pain, if you're suffering from chronic pain,
which means all the time, or a loved one is.
And I know this because I have a loved one.
(09:31):
My wife suffers from chronic pain, and I'm looking at
I don't know how.
Speaker 2 (09:35):
She does it. It's it's really tough.
Speaker 1 (09:37):
And so if you are suffering, or you're dealing with someone,
or you live with someone, you're treating with someone, let
me suggest her podcast, which is The Pain Game podcast,
because it's about chronic pain and trauma and it's about
dealing with chronic pain and how she deals with it.
She created this podcast to help people who are suffering
with chronic pain and people who live with people.
Speaker 2 (10:00):
We're suffering from chronic pain, which is my situation.
Speaker 1 (10:03):
And it's all about helping people and it really works.
So let me suggest listening to this podcast. It's The
Pain Game podcast. The Pain Game Podcast.
Speaker 2 (10:13):
Also, she's kind of out of her mind and there's
a lot.
Speaker 1 (10:17):
Of funny and humor, and she's somewhat depraved as well
as gets very serious.
Speaker 2 (10:21):
It's worth listening to.
Speaker 1 (10:23):
It's the Pain Game Podcast. You can follow on social
network at the Pain Game Podcast. Season three drops next
week wherever you listen to podcasts. The Pain Game Podcast.
This is handle on the law.
Speaker 2 (10:41):
AM six forty Bill handle here.
Speaker 1 (10:43):
It is a Saturday morning eight hundred and five two
zero one five three four.
Speaker 2 (10:49):
And welcome back.
Speaker 4 (10:52):
Ah.
Speaker 2 (10:52):
This is great stuff today. Take some good questions. Who
Hey Randy, welcome.
Speaker 5 (10:58):
Hi Bill.
Speaker 6 (11:00):
Since you recently traveled to Europe and came back, I
wanted to ask this question. I am going to Europe
with a friend and that person was born in Cuba,
even though they lived here for fifty years and have
an American passport. Is there any concern about coming back
in the country.
Speaker 1 (11:16):
Yes, they will arrest her and put her in jail
for forty years. She is an American citizen, lady. She
it doesn't matter where she was born. She's a US
citizen and by law, US citizens are allowed back in
the country under any circumstances.
Speaker 2 (11:32):
And the fact that she was born in Europe means Cuba.
Cuba means absolutely nothing. Nothing.
Speaker 4 (11:39):
Okay, So you.
Speaker 2 (11:41):
Guys are flying. You know, here's what you're going to get.
Speaker 1 (11:44):
You're going to get the same thing that everybody else
gets when they walk in the country. Welcome back, all right,
I'm coughing my way through this one. Claire, Hi, Claire,
welcome to him.
Speaker 5 (12:00):
Yes, ma'am, Yes, I'm in a lawsuit.
Speaker 4 (12:04):
Of course, you are been settled.
Speaker 5 (12:07):
And I signed the paper saying I agree with the settlement.
Speaker 2 (12:12):
Okay.
Speaker 5 (12:13):
But then I got a text yesterday from my attorney
saying that the defense would be calling me for a deposition.
Speaker 1 (12:23):
Well, it could be a deposition because you settled, it
doesn't mean other people have not settled it.
Speaker 2 (12:29):
That's the first thing that I think of.
Speaker 1 (12:31):
If the lawsuit is still alive and you're already settled,
you are out of the lawsuit, and now you're coming
in as a witness.
Speaker 2 (12:42):
That's my guess.
Speaker 1 (12:46):
I was in the accident, Well, it doesn't matter, it
doesn't matter. Were there other people? Are there other people
involved in the accident?
Speaker 5 (12:53):
Claire, Yes, but not in this lawsuit.
Speaker 1 (12:57):
Not in this lawsuit. It was only a lawsuit. Well,
let me ask you. The deposition is regardless. I'm sure
that it is to do with the other lawsuits. And
you were there. I'm sure you were a witness to it.
And so yeah, I mean, I don't know for a fact,
but there can't be any other any other reason I
can think of. Monica, Hi Monica, Yo, Monica.
Speaker 7 (13:24):
Hi Bill, thank you for taking my call.
Speaker 2 (13:26):
Sure.
Speaker 7 (13:27):
My question is is there a statue of limitations to
sue a company that possibly caused a death?
Speaker 1 (13:35):
Okay, so tell me what kind of company and whose.
Speaker 3 (13:40):
Death it was?
Speaker 7 (13:43):
My mother. She was in treatment. She was in a
dialysis center and the port that she had was near
her heart.
Speaker 4 (13:52):
Ah, the.
Speaker 7 (13:55):
Nurse broke the needle off in the port and they
were working on it. She went into cardiac arrest.
Speaker 2 (14:05):
Okay.
Speaker 1 (14:05):
And yeah, that's based on what you say. And I'm
assuming the notes. I'll say that right. All the medical
notes discuss what happened, the port, the breaking of the needle,
the cardiac arrest.
Speaker 2 (14:17):
It's all there on paper, that portion it is.
Speaker 1 (14:23):
Okay, fair enough, So you asked about so far, so good.
Now you asked about the statute of limitation. When did
this happen?
Speaker 7 (14:32):
Eleven years ago?
Speaker 1 (14:34):
Why are you waiting eleven years to make this moone call?
Speaker 7 (14:40):
You know, Bill, I'm not one of those people that
you know, sued.
Speaker 2 (14:43):
My mom died and by the way.
Speaker 1 (14:45):
And you still and you're still one of those people
that don't sue.
Speaker 2 (14:51):
I just want to point that out, you know, Yeah,
eleven years ago?
Speaker 1 (14:55):
No thanks, statute of limitation is long, long, long gone.
Speaker 2 (15:03):
Sure? Why not? Michael Hi, Michael.
Speaker 3 (15:08):
Hi?
Speaker 2 (15:09):
Hello, guys, go ahead take my call.
Speaker 4 (15:12):
I was confused as to which of the dates I
should be using for my correct identification because I found
out that there's three.
Speaker 2 (15:27):
Different ones, three different three different what.
Speaker 4 (15:32):
Three different versions of my birth certificate?
Speaker 1 (15:37):
Three different versions of you see, you have three different
birth certificates with different days of birth.
Speaker 4 (15:45):
Yes? Wow, so the first one's purple.
Speaker 1 (15:50):
I know, it doesn't matter, It doesn't matter. Don't worry
about the colors. I don't get that the only one.
Speaker 2 (15:56):
Now, do you have?
Speaker 1 (15:57):
Well, let's go ahead and talk about the birth certificates themselves.
Speaker 2 (16:00):
Is there a stamp? Is there a seal.
Speaker 1 (16:04):
On the birth recorder on the birth certificate from the
in this case probably be the recorder's.
Speaker 2 (16:09):
Office when it was recorded?
Speaker 4 (16:11):
Yes?
Speaker 2 (16:12):
Okay? Do all three have that stamp.
Speaker 4 (16:16):
No, okay, well, well I'm much. I couldn't tell you
that one.
Speaker 1 (16:21):
Well, you have to because you have to see him.
And if there's one that has the stamp, that's that's
your legitimate legal birth certificate. The other two I have
absolutely no idea. So if you have one that has
a stamp on it by the recorder's office, there it is,
there's your day to birth.
Speaker 2 (16:39):
And if you don't have them in front of you,
how do you know you have three of them?
Speaker 3 (16:44):
I do have the because one is a small version
like a itself.
Speaker 1 (16:52):
Oh I understand there's long version in the short versions
which one has the stamp on it? The the short
small one that is your certificate.
Speaker 2 (17:06):
That's the date that you were born. I don't know
if it matters unless they're fifteen years apart.
Speaker 1 (17:13):
Oh, John, Hi John, welcome, Good morning.
Speaker 2 (17:21):
John. Let me do this, John.
Speaker 1 (17:22):
Let me put you on hold of a minute, because
I want to take I'd have to stop you because
I got a spot to do.
Speaker 2 (17:27):
So don't go away. I'll be back with you. All right.
Speaker 1 (17:30):
I'm talking to business people now, okay, now I got it. Yeah,
you're there. I'm talking to business people who have two
million dollars or more in sales or business, and I
will tell you about what's going on with your business.
I'm sure I think you're losing money, productivity and a
competitive edge. How do I know that, Well, if you're
not using a I, if you're not using net Suite,
(17:54):
I think that's happening. Net Suite actually helps control costs,
increase efficiency, You make more money, you are more productive,
you have a competitive edge. What it is is the
number one cloud business management system. It brings accounting and
financial management, inventory if that's part of what you do HR,
which everybody does, into one efficient suite. So it's the
(18:18):
same numbers being shared with all aspects of your business.
Nothing is done manually and so it's easy to deal
with it, easy to do business and probably the most importantly,
easy to forecast what's going on. You have the information
in front of you net Suite. If you do two
million dollars or more, you want to look at NetSuite.
By the way, forty one thousand companies have done exactly
(18:41):
that and use NetSuite. So download the net Suite CFOs
Guide to AI and Machine Learning.
Speaker 2 (18:49):
The download is.
Speaker 1 (18:50):
Easy, it is fast, and you'll see if NetSuite it
works for you, and I'll bet you it does. Go
to NetSuite dot com slash handle NetSuite as an office suite,
NetSuite dot com slash handle A J N D E
L NetSuite dot com slash handle.
Speaker 2 (19:09):
This is Handle on the Law. You're listening to bill
handle on demand from KF. I am six forty.
Speaker 1 (19:18):
JFI am six forty handle here on a Saturday morning.
Eight hundred five two zero one five three four is
the number. And welcome back to Handle on the Law.
And let me see if I can bring John back.
Speaker 3 (19:34):
John?
Speaker 2 (19:34):
Are you there.
Speaker 4 (19:37):
All right?
Speaker 2 (19:37):
What did I do?
Speaker 3 (19:38):
Oh?
Speaker 2 (19:38):
I lost John? All right? Well and he only waited
for four hours. Nope, here we go. Excellent. All right, John?
There you are there? I am yeah there, Yeah, there
you are all right? What can I do for you?
Speaker 4 (19:50):
John? Hey, I got a real problem about two and
a half years ago. Three years ago, I hired a
bookkeeper to come and keep books and pay the bills
at my business. And as it turns out, she decided
that she was going to take all the money out
(20:11):
of the bank, not pay any of the bills, and
bill me for for paying the bills and doing all
the bookwork that she hadn't done. So now I'm in
big trouble with the tax people with this.
Speaker 2 (20:22):
Yeah, hang on a minute, I'm a little confused.
Speaker 1 (20:24):
She took all the money and then build you explain
that to me.
Speaker 4 (20:29):
Well, she was billing me for all the work she
was supposed to be doing.
Speaker 2 (20:32):
But she she was billing you for her work. I
got it.
Speaker 4 (20:35):
Okay, yes, all right, but she didn't didn't pay your taxes.
Speaker 2 (20:39):
Now, okay, how much how much you owe your how
much you owe in taxes?
Speaker 4 (20:43):
Oh, about twenty thousand dollars.
Speaker 2 (20:45):
Okay, So she took all the money.
Speaker 4 (20:48):
She took all.
Speaker 2 (20:49):
I understand it. I get it. I get it.
Speaker 1 (20:51):
So here's what you have to do is you have
to go to an accountant who is an enrolled agent with.
Speaker 2 (20:59):
The I r S.
Speaker 1 (21:00):
Okay, these are people who have registered with the I
R S and have experience appearing on behalf of the
taxpayer their clients in front of the I R S.
Speaker 2 (21:11):
Because what you have you have a couple of things
going on.
Speaker 1 (21:13):
First of all, you're an innocent victim of what happened,
and that has to be established instantly with the I
R S.
Speaker 2 (21:20):
I r S doesn't know that your book keeper ripped
you off.
Speaker 1 (21:24):
All they all the i r S knows is that
you have X amount of income and you didn't pay
your taxes.
Speaker 2 (21:30):
Yea, and so they're going after you.
Speaker 4 (21:33):
I thole to complain against your with the Sheriff's department.
Speaker 2 (21:35):
And yeah, that does that's true, Okay, I get it.
That's fine.
Speaker 1 (21:37):
That's but that's totally different in terms of what you
find what you go in front of the I R
S with. Now, your accountant will use that and show
the I R S and say, hey, John is an
innocent victim of this, and then start cutting deals with
the I r S.
Speaker 2 (21:54):
This is one you do not want to do on
your own.
Speaker 1 (21:57):
You need the expertise of someone who has has appeared
in front of the I r S. And there you
have to do a little research because it's not just
your normal accountant, it's your non normal.
Speaker 2 (22:09):
Accountant, innormal, not particularly a normal.
Speaker 1 (22:11):
Accountant who has experienced dealing dealing with the IRS under
these circumstances, and they're out there. The only issue is
you get to find out who and what they are.
Speaker 2 (22:21):
James, Hello, James.
Speaker 8 (22:24):
Hey Bill, good morning, an sir. My question is my
mother owns a house that my wife and I live in.
If she passes away and I inherit the house, does
the house become community property?
Speaker 2 (22:40):
Nope, it's all yours. How much is the house worth?
Speaker 8 (22:45):
About a million?
Speaker 3 (22:46):
Oh?
Speaker 2 (22:47):
How long you been married?
Speaker 3 (22:49):
Ten years?
Speaker 2 (22:50):
Hmm?
Speaker 1 (22:51):
You think you're right? Your wife's going to ask for
an interest in the house.
Speaker 3 (22:57):
Well, of course.
Speaker 1 (22:58):
Okay, here's what you have to do is I would
go to one of those international dictionaries and find out
how many ways you can say so o l in
various languages to your wife.
Speaker 2 (23:13):
There you go, there it is. There's the answer. It
is yours. Inheritance is not community property. Inheritance is yours.
Speaker 4 (23:21):
Can I ask one more quick question?
Speaker 1 (23:22):
Yeah, and one quick and by the way, one quick one.
In order to keep it yours, do not transfer it
into community. Don't put her name on the on the deed.
Once you do that, she owns half the house. Okay,
what's your next question?
Speaker 8 (23:36):
I just wanted to know about mingling?
Speaker 2 (23:38):
Is That's exactly what all right? I caught you early.
Speaker 1 (23:42):
Don't keep that property separate, never transferred into her name.
Speaker 2 (23:47):
It is your house, separate property.
Speaker 1 (23:52):
Mingle you com mingle, she loves you and she owns
half the house.
Speaker 2 (23:57):
That really works really well when when you're getting divorced. Hello, Sandra, welcome.
What can I do for you?
Speaker 9 (24:09):
Hi, Sara, thank you for taking the call. I don't
know if I need to report my employer to the
FTC or the California labor law or if we have
a class action. But my coworker and I just found
out that our four to one K contributions or individual
contributions have not been deposited into our one K accounts.
And the company that handled it said that it's our
(24:31):
employer's issue. It's his accounting issue. It's been going on
since twenty twenty three. Come to find out it's around
seventy to eighty grand for about employees in total.
Speaker 1 (24:40):
Yeah, I mean, what do you mean do you have
to No, you don't have to report anything.
Speaker 2 (24:44):
Do you want to?
Speaker 3 (24:45):
Hell?
Speaker 1 (24:45):
Yes, because your employer stole your money? Is what your
employer did. Now, let me ask you is when it's
seventy eighty thousand dollars, is this matching four oh one
K money.
Speaker 9 (25:00):
No, that's just our individual money coming out of our
paychecks that was supposed to go into our for one case.
Speaker 1 (25:05):
Okay, so you elected to take your paycheck and put
it into four oh one K plan and instead your.
Speaker 2 (25:10):
Employer took the money. Correct.
Speaker 1 (25:12):
And your employer took the money yeah, okay, and noted
on your statement that he was taking your money out
and putting it into a four to oh one K plan.
Speaker 2 (25:21):
Correct.
Speaker 9 (25:23):
Correct?
Speaker 1 (25:23):
Yeah, that's criminal. Yeah, you go to the authorities on
that one. Do you have to report it?
Speaker 4 (25:28):
No?
Speaker 2 (25:28):
Do you want to report it?
Speaker 1 (25:29):
Yes, it's not a class action. It's only the twenty
employees that I gotten screwed. But the good news is
there are twenty of you, So whatever legal fees are involved,
you split it because there's.
Speaker 2 (25:43):
Twenty play nets. You split it. But among twenty people. Yeah.
Speaker 9 (25:47):
Yeah, another building with other employees as well.
Speaker 3 (25:50):
Yeah.
Speaker 2 (25:50):
No, you go for it. You just go for it.
Speaker 1 (25:52):
Find an attorney. Yeah, just find a business attorney, No
question about that. Oh, Sharon, Hi, Sharon, Yes, go.
Speaker 2 (26:00):
Ahead, thanks, call sure.
Speaker 10 (26:03):
My grandmother is My grandmother is in a nursing home
and we pay about seventy five hundred dollars a month
for her care. Two thousand dollars of that care is
considered medical because of the memory care aspect of the home,
and it's it states that on the invoice that we
pay every month. So now we're asking United Healthcare through
(26:23):
Medicare to reimburse us for the medical part that two
thousand dollars.
Speaker 5 (26:30):
They have declined.
Speaker 10 (26:31):
We've appealed, they've declined again, stating that they will not
pay because they the home is not a Medicare provider.
Speaker 11 (26:44):
And my reply to that is, we have looked.
Speaker 10 (26:49):
You don't give us a Medicare provider. There are no
in network Medicare providers in our area.
Speaker 7 (26:55):
So do we have a case?
Speaker 2 (26:57):
Boy? You got me. I have absolutely no idea. It's
the rules. It's probably the rules of Medicare.
Speaker 1 (27:05):
And I can see Medicare is saying you have to
be it has to be a provider. Okay, fair enough,
has to be in the network. What if there is
no provider that in your area? Like you say, what
are the rules? Has there been litigation? As anybody believe me,
you're not by yourself. This isn't the first time they've
gone through this rodeo, and so you have to find
(27:26):
out what just do a history of exactly what happened
there and find out are there court cases on this?
Have there been decisions made by the Medicare people. I think,
what if Medicare is under Department of Health and Human Services.
I don't know when it's under, but you have to
figure out. And I don't know whether you have a
case or not, but you're gonna find out pretty quickly
(27:50):
when you do all of that research. All right, let's
go ahead and take a break, our final break of
the hour, and we'll be back. And then at the
top of the hour, I'll tell you how I'm going
to continue on with the phone calls off the air.
This is Handle on the Law, and this is KFI
Bill Handle here, And as we are in the last
(28:11):
segment of the show, a quick word that at the
top of the hour, when I lock out and Richard
Murrow comes aboard, I will still take phone calls off
the air, and I'll go through them very quickly.
Speaker 2 (28:24):
And the number is the.
Speaker 1 (28:25):
Same as it is now, eight hundred and five two
zero one, five three four, And you can call anytime
after that.
Speaker 2 (28:31):
And if you're on.
Speaker 1 (28:32):
Hold at the end of the hour, stay put because
I will get to you.
Speaker 2 (28:39):
Oh.
Speaker 1 (28:39):
Yes, welcome back, Hi, Veronica, welcome to Handle on the Law.
Speaker 4 (28:45):
Hi.
Speaker 11 (28:46):
Yes, okay, So I am so our company is had
gotten a letter trying to see if they could go
on with suing us to see if they had a case.
Speaker 1 (29:00):
Okay, hold on, your company wants to sue you.
Speaker 11 (29:08):
For an employee wants to sue our company.
Speaker 2 (29:12):
Ah, okay, got it?
Speaker 4 (29:14):
Yes, okay.
Speaker 11 (29:16):
She she was fired about going on a year and
a half ago, and so uh, the attorney had sent
us a letter. So I contacted our attorney, and so
they said, let's just get all the documentation. Let's write
(29:37):
them a letter. Let's you know, let them know so highlighted,
cross checked everything everything that she was she wanted to
sue for. I pretty much gave them all information and
I wasn't. I didn't have an answer yet with the attorney.
So I called asked them if they can give me
(29:58):
some an answer. So I got an email, just a
vake email from the attorney.
Speaker 2 (30:03):
Who is you? Who give you?
Speaker 4 (30:06):
Wait a minute yesterday?
Speaker 2 (30:08):
Which attorney?
Speaker 3 (30:09):
Which is it?
Speaker 2 (30:10):
Hold On? You're not making it easy.
Speaker 11 (30:12):
I hate to ruin your weekend. Receive demand from the attorney.
Wil the demand is which attorney? It isn't as high as.
Speaker 2 (30:23):
Okay, I'm sorry about that. There's some screw up where
you couldn't hear me. There was a little confusion there. Okay,
that was easy. She calls back, We'll try to do
this again. Ricky, Hi, Ricky, Ricky are there, yes, sir?
Speaker 12 (30:40):
Hey, So I was wondering what happens with all the
money Sean Diddy compound when he goes off to prison.
Speaker 4 (30:48):
You have to create a trust and.
Speaker 1 (30:50):
Oh, that's a good question. That's a good question. The
answer is, it's his money. He can do whatever the
hell he wants with it. All right, They're not going
to take his money unless the argument from the government
is he got his money through illegal means, then the
government can grab it. But I don't think that's the case.
I think he got his money legally because he's uh,
(31:10):
you know, did he and so he's you know, a
wealthy guy and didn't steal any money because his issue
is a sexual sexual issue.
Speaker 2 (31:19):
Now can't you Can he use his money in prison?
Speaker 3 (31:25):
No?
Speaker 1 (31:26):
Uh, he's only allowed a couple hundred bucks a month
to put into you know, into the kiddy where he
buys Dolrito's and Cheetos and ramen from the commissary. And
that's all he's about. That's all he gets. But his
wealth keeps on going, you know, and does yeah.
Speaker 2 (31:45):
Go ahead.
Speaker 1 (31:46):
I don't know if what about the Mendes brothers if
they get released from prison, do they get Daddy's money,
Mommy and Daddy's money. No, because they committed the crime
unless they are pardoned and then they can, but that
money is gone.
Speaker 2 (32:00):
I mean, that's you know, that was a long long
time ago. As we continue on.
Speaker 1 (32:05):
Interesting Barbara, Hi, Barbara, welcome.
Speaker 3 (32:10):
Hi.
Speaker 12 (32:11):
Yes, I was in a parking lot. I pulled in,
I turned off the key and was sitting in my
car with you know, the ignition was off, and somebody
just backed into me, rearanded me and it was like
six dollars worth of damage because they knocked in my trunk.
(32:33):
So I had my insurance you know, cover it. And
then I was trying to go back under and get
my deductible because they found me no fault. And now
the other insurance company is saying that they want to
see my black box, they want to go into the
engine in my car, and it just seems kind of aggressive.
Speaker 1 (32:51):
And yeah, I mean for six for six, for six
thousand dollars, they're hiring someone to analyze the black box.
That is so bizarre and okay, okay, unless unless they subpoena.
Speaker 2 (33:07):
You go no, thank you, no thanks? Yeah, I mean,
you know, and it doesn't make any sense. I mean,
I don't know why they would even do that.
Speaker 1 (33:14):
And when you go no, thank you, are they going
to go to court to have a judge order you
to turn over the information. I wouldn't even know how
to turn it over, to turn over the information on
a six thousand dollars case, So it makes zero sense
to me. I have no idea why they're doing this.
All right, we're back to Veronica. All right, Veronica, real quickly.
(33:37):
You're in a company that's being sued by a former
employee who was fired.
Speaker 2 (33:43):
Correct, that's the last I heard, is Veronica?
Speaker 4 (33:49):
There?
Speaker 1 (33:53):
All right? So much for there you go, yes quickly,
all right, okay, let me let me really quickly. You
you work for a company, the company's fired, but a
former employee, and the attorney reaches out and wants what
at this point and which attorney? That was the confusing part, Veronica,
is you kept on saying the attorney, the attorney, I
(34:15):
don't know which one, which side?
Speaker 11 (34:18):
Yes, so it's for representing us, so representing our company?
Speaker 2 (34:22):
Okay?
Speaker 11 (34:23):
Yes, So she reached out because I wanted to get
status on it. So okay, she said, I hate to
ruin your weekend, but I received a settlement demand from
the person's attorney, the former employee. Okay, attorney. While the
demand is high, it isn't as high as the trend
has been going. The demand is sixty five thousand. Let
(34:46):
me know if you like to send over a counter
offer or otherwise. We can chat about this.
Speaker 1 (34:51):
By the way, Veronica, are you the one that's going
to make this decision. Yes, okay, you're going to make
the decision.
Speaker 2 (34:58):
Okay.
Speaker 1 (34:58):
So they want sixty five thousand, and the offer was
made and then your attorney says, let's do a counter Okay.
Speaker 2 (35:04):
Do you say to the attorney, what do you suggest?
Speaker 11 (35:08):
So that's all the information I was given in the email,
So I she has all the documentation in the letter
I provided. I have every documentation that it proves.
Speaker 2 (35:20):
What's your question?
Speaker 12 (35:21):
So my question.
Speaker 11 (35:22):
Is is this I mean stating this is the this
is the trend right now? I don't care about the trend.
I care about the facts. If there's no facts or
is it just are they?
Speaker 2 (35:37):
Then you say no, no, you say no, But attorney's
going to want to settle, because if it settles, the
attorney gets his cut no matter what.
Speaker 1 (35:45):
Okay, unless you're paying, unless you're paying your attorney hourly.
And if it's you know, it's it's your call. You
what you have to do with trend? Okay, show me
the trend, show me what's going on. And here's a problem.
You're not going to know the trend of settlements because
they're not public.
Speaker 2 (36:02):
Okay, that's the problem.
Speaker 1 (36:04):
So I don't know even where the attorney gets the
information for trends. Okay, because virtually every settlement is a silence,
a non disclosure.
Speaker 2 (36:13):
Everybody agrees not to talk about it all.
Speaker 1 (36:16):
Right, before we finish up real quickly, I want to
talk about your breath and my breath, and how when
you eat garlic and onions and all kinds of fun food.
This morning I woke up and I had locks and bagels,
smoked salmon, Oh so good, onion the best. But you know,
my breath smells like salmon and onions, and.
Speaker 2 (36:37):
So what am I going to do?
Speaker 1 (36:39):
Well, if I see anybody, I'm going to take a
bunch of Zelman's minty mouth. Zelman's minty Mouth is not
a mint, even though these capsules small capsules are covered
with a very strong mint. So you pop two or
three in your mouth and the mint part disappears after
you're sucking on the mint for a while, and that
(37:00):
takes care of the breath in your mouth. And then
you swallow them or bite into them, and the partially
seed oil inside the capsule starts working in your stomach
where bad breath can start. And it does because after
you eat the salmon and the onions, it's in your stomach.
And this is where Zelman's minty mouth really goes to work.
And you'll see exactly what I mean. So until the
(37:21):
end of the month, if you buy a three pack
or more, you will get fifteen percent off. Go to
zelmansz L M I N S. Zelmans dot com. This
is Handle on the Law.
Speaker 2 (37:35):
You're listening to Bill Handle on demand from KFI AM
six forty
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