Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:00):
You're listenings KFI AM six forty the bill handles show
on demand on the iHeartRadio f KFI AM six forty.
Bill handle here. It is a Saturday morning. Eight hundred
and five two zero one five three four is the
number to call last hour for your legal questions. Coming
(00:22):
up at eleven o'clock, Rich Dumurrow comes aboard with the
Tech Show, and then this afternoon two to five is
the foodie show Fork Report with Neil Sabadra. And Neil,
who's with me Monday through Friday every morning on my show,
is a foody extraordinary. As a matter of fact, he
is helping me learn how to grill. I got this
(00:43):
new griller thing and I made my first brisket and.
Speaker 2 (00:46):
It's a disaster. Was a disaster.
Speaker 1 (00:48):
So I get to call Neil as soon as I
get off this show and say what I do, Please
help me, and he will.
Speaker 2 (00:55):
He's that good, all right.
Speaker 1 (00:56):
That's from two to five o'clock this afternoon, and the
number here again we have some calls. Top of the hour,
always the best time to call. Eight hundred and five
to zero one five three four. This is handle on
the law marginal legal advice, where I tell you you
have absolutely no case. This is a case maybe, well,
(01:18):
it is certainly a case where a judge made a decision,
and this has to do with the deportation of the
Venezuelans under the Alien Enemies Act. Now, this Act was
passed in the late seventeen hundreds, just as the United
States had become a country, and it said that anybody
(01:40):
who is an alien, not a citizen in the United
States or allowed to be here legally, can be thrown
out of this country, can be deported under this Act.
And what it did is simply allow the president to
not use any other reason, just invoke the alien the
Alien Enemies Act.
Speaker 2 (02:00):
Here's the problem.
Speaker 1 (02:03):
It has to do with invading of armies into the
United States. It's a war time provision that's been used
actually twice in modern times, and one of them was
the unfortunately interment of the Japanese Americans during World War Two.
(02:24):
I was under the Alien Enemies Act and it's just ridiculous.
Speaker 2 (02:27):
And the court held it up, which is nuts.
Speaker 1 (02:31):
Well, a judge barred that saying, no, the people that
are here this is not an invasion, as Trump has
called it, illegal gang members coming into this country. He
views as a wartime invasion, and the judge says, there
are other ways of tossing out people. I'm not arguing
that that the White House doesn't have the ability, the
(02:53):
Justice Department doesn't have ability to make that happen. But
what you can't do is use this Act. That's the problem.
Neither the court nor the parties question. The executive branch
can direct the detention removal of aliens who engage in
criminal activity in the United States, but the president's invocation
(03:14):
of the Aea the Aliens Act through this proclamation he did,
this executive order exceeds the scope of the statute and
it goes beyond the ordinary meaning of the terms of
the statute. Now, why is this such a big deal.
I'll tell you why this is such a big deal,
because this is part and parcel of President Trump stretching
(03:37):
executive powers wherever he can, testing how far the president
has powers, taking laws and saying I have the ability
to do this, we are Heretofore, no president would ever
think of doing stuff like this. And he is rewriting,
He literally is rewriting the way government is run.
Speaker 2 (03:59):
And he has a Republican majority.
Speaker 1 (04:01):
Well, he has a Republican party that is bent to
his will no matter what he says there for it.
Speaker 2 (04:09):
And so we're going to.
Speaker 1 (04:10):
See, I mean, the last bastion of this stuff is
the courts. And does he pay attention, for example, that
one Venezuelan Ms. Thirteen, the gang member who there's an
issue as to whether the gang member was in fact
a gang member, and he was deported to Venezuela and
he was here legally, he was under a program where
(04:33):
he was here legally, and they tossed him and.
Speaker 2 (04:35):
The court said no.
Speaker 1 (04:38):
The Supreme Court said you have to bring him back
or facilitate his return, and Trump just said no, not interested.
Speaker 2 (04:47):
So we don't know how far that's going to go.
Speaker 1 (04:50):
But at this point, the Enemies an Alien Act, according
to this judge, cannot be used. It'll be appealed, it,
no doubt will go to the Supreme Court inevitably, because
everything he does go to the screen Court. Is It's
fascinating to see how business is just being completely completely rewritten.
Speaker 2 (05:09):
All right, phone call, let's do it all right? James, Hi, James, welcome,
Hey Bill.
Speaker 3 (05:18):
When I first got married to ten years ago, my
wife took out a student loan but never consulted me.
About it, and I'm wondering what kind of exposure I
might have or liability in Yeah, that's a good.
Speaker 2 (05:33):
That's a good question. Now you now you were not
on the loan, correct, that's correct. Oh, I think you're okay.
Speaker 1 (05:41):
I think I mean, it depends if they go to
a collection agency, and inevitably they do. When they just
go to regular collection agencies the government, you know, they
don't do They don't have collection people who get on
the phone and say, hey, where's the money and file lawsuits,
et cetera. They don't do that, so they outsource that
and you get to tell them I have nothing to
(06:02):
do with this.
Speaker 2 (06:03):
I didn't know about it.
Speaker 1 (06:04):
And then the argument is, you know you were married,
and it depends on you know, I don't know how
the law works with student loans. You know, for example,
going bankrupt on a student loan is much much more
difficult than it is with any other kind of loan.
If you borrow money from me and you don't pay
(06:25):
me back and I assue you, or you just go bankrupt,
you're allowed to go bankrupt. Student loans are different animals.
So I think you are okay, just.
Speaker 2 (06:35):
For okay, I think you all right, I hope. So
now whether or not you're okay, you know, I don't know.
Speaker 1 (06:43):
Hey, let me tell you quickly about Zelman Zelman's minty
Mouth before I take a quick break. They just introduced
their new Spearman flavor and they're saying, hey, try it
for free.
Speaker 2 (06:54):
Now.
Speaker 1 (06:54):
It's still the same tiny capsule that has partially seen inside,
but instead of the peppermint flavor, it now has a
sort of sweeter, very delicious spearmint flavor. And people have
been asking for this kind of change, and so there's
an exclusive KFI offer you visit Selmans dot com slash
(07:15):
kfi free pack of spearmen when you ordered three packs
or more of the original peppermint. This is until the
end of the month or until it's sold out. And
this is a limited run. This is the first run
of its kind, so they will sell out before the
end of the month, so take advantage. And the only
way to claim this is to go to Zelmans dot
(07:35):
com slash kfi z L M I n S dot
com slash kfi and if you buy a three pack
or more, guess what a free pack of Spearman's. That's
Zelmans dot com slash KFI.
Speaker 2 (07:49):
This is Handle on the Law.
Speaker 4 (07:53):
KFI M six forty.
Speaker 2 (07:55):
If you don't handle it.
Speaker 1 (07:56):
It is a Saturday morning and we're on show goes
on till eleven o'clock and then after eleven, as I
lock out and Rich Murroa comes board, I'll still take
phone calls off the air.
Speaker 2 (08:08):
In the meantime.
Speaker 1 (08:09):
The phone number here is eight hundred five two zero
one five three four eight hundred five two zero one
five three four.
Speaker 2 (08:18):
Back we go more Handle on the Law. Hi, Michelle, welcome.
Speaker 5 (08:23):
What can I do for you?
Speaker 2 (08:24):
Yes, yes, ma'am.
Speaker 6 (08:27):
I'm recently certified in micro blading and okay starting.
Speaker 2 (08:32):
Hang on, explain what micro blading is please.
Speaker 6 (08:36):
Micro Blading is a cosmetic tattooing process to enhance eyebrows.
Speaker 2 (08:43):
Basically, okay, so you just tatt okay, hold on.
Speaker 1 (08:47):
Basically you tattoo black stuff ink on your eyebrows.
Speaker 4 (08:51):
Is that it?
Speaker 2 (08:51):
Or is there more to that.
Speaker 6 (08:54):
A little more?
Speaker 7 (08:55):
But yes, you have it?
Speaker 1 (08:56):
Okay, So permanent eyeball of eyelashes or excuse me, eyebrows?
Speaker 2 (09:01):
Got it? Okay? Moving on?
Speaker 6 (09:03):
Correct?
Speaker 8 (09:04):
Moving on.
Speaker 6 (09:05):
Yeah, So I'm going to be starting my own business
and I want to do my due diligence, So beforehand,
I would like to get liability insurance as well as
I there. This is my part of my question. Would
it be better for me to start an LLC or
(09:25):
is it sufficient just to get a DBA.
Speaker 1 (09:29):
It has to do with liability. It is sufficient for
you to get a DBA. But if you get a DBA,
you are responsible. It's any kind of liability in the
sense that let's say you tattoo a eyebrow going straight
up instead of over, or you mistakenly tattoo with swastika
(09:51):
right over someone's eyebrows, and you get sued, okay for malpractice.
Speaker 2 (09:56):
Occasionally what it is is actually what it is.
Speaker 1 (09:58):
DBA, and this is miss Shell DBA swastika tattoo. Company
you get, you get sued individually, you are responsible dB
Now LLC it's the company that did it, so gives
you a lot more protection.
Speaker 2 (10:16):
So always do an LLC as opposed to a DBA.
Speaker 1 (10:20):
A DBA just forces you to unless you call it
Michelle's microblading, then you don't even need a DBA. If
you call it ACME microblading, you need a DBA. Michelle
DBA doing business ads and so that's your first answer, LLC.
Speaker 2 (10:36):
Is there a downside?
Speaker 1 (10:38):
Well, I mean you have to do two tax returns.
The LLC has to file a tax return. You have
to tile a tax return. But I think the protect protection.
Speaker 2 (10:45):
Is worth it.
Speaker 1 (10:47):
The real protection here, Hold on the real protection here.
You started that conversation insurance E n O insurance, errors
and emissions, malpractice in insurance. You have a good insurance policy, Michelle,
You're covered.
Speaker 2 (11:05):
You are covered. That is the real insurance is buying insurance.
Speaker 1 (11:10):
Have you looked at the cost of insurance for your business.
Speaker 6 (11:15):
Yes, I'm just starting to look into that, and there
is insurance for what I do, and the cost is
very low, which scares me a little bit.
Speaker 2 (11:28):
No, not necessarily. Not necessarily.
Speaker 1 (11:30):
It could be the cost is low because so few
claims are filed against the cost. You know, for example,
to buy umbrella insurance that's over and above your other liability.
For example, my auto insurance. I have two fifty five
hundred I believe in insurance, which means two hundred and
fifty thousand dollars per incident five hundred thousand, five hundred
(11:55):
thousand maximum. If there's more than one person involved suing me,
I have an umbrella policy on top of that that
goes to I don't know, a couple of million dollars.
Speaker 2 (12:04):
That's very cheap.
Speaker 1 (12:05):
Why because the claims almost never go over too fifty
The chances have been going over very low.
Speaker 2 (12:12):
And the argument I'm making here is it.
Speaker 1 (12:14):
Could be that the the policy, the premiums are so
low because people in your business just don't get sued
very often. So don't assume that there is something wrong
with that. How much do they want for insurance?
Speaker 3 (12:30):
Oh?
Speaker 6 (12:30):
Gosh, it was it was so low.
Speaker 2 (12:34):
A few a few hundred dollars a year.
Speaker 6 (12:37):
Even less than that.
Speaker 2 (12:38):
Yeah, okay, all.
Speaker 1 (12:39):
Right, Well and well how much coverage are we talking about?
Speaker 6 (12:45):
One hundred thousand?
Speaker 1 (12:47):
Okay? I mean that's no one's going to sue you
for more than one hundred thousand dollars, so that's pretty healthy.
Call other insurance companies. Okay, call some insurance brokers and
see which way to go on that, because I'm not
at all concern about really low premiums, because you know,
I mean.
Speaker 2 (13:06):
This is tattooing, you know, now, it's tattooing.
Speaker 1 (13:09):
On your eye, you know, next to your eyeballs, So
it may be more expensive than tattooing on your arm, right,
So yeah, So, so the bottom line is insurance is
first and then LLC is second. And I wouldn't do
a DBA good questions by the way, And when you
do get sued for putting something ridiculous on someone's eyeballs,
(13:32):
let me know and we'll talk about it.
Speaker 2 (13:35):
Okay, okay, all right, there you go. Why not? All right? Hello,
ken Yata, welcome. What can I do for you?
Speaker 4 (13:48):
Well, I have been waiting, being an avid fan of yours,
I've been waiting for years to catch you on something.
Now I'm not an attorney, but I do have a
master's degree in legal studies. I know enough to be dangerous.
So let me say this. You missed your handle. You
had a caller about an hour ago talk about a
coyote problem. Yeah, and they are not a protected species
(14:08):
in the state of California. As a matter of fact,
there's no bag limit. There are non gain animals.
Speaker 2 (14:14):
Then why then, let me ask you?
Speaker 1 (14:15):
When I called animal control uh here where I live,
and I asked them to take away the coyotes or
grind the because they're in my yard, and they said, now,
we're not interested in doing that.
Speaker 2 (14:30):
I go, okay, so what do I do?
Speaker 1 (14:31):
And he said the only thing you can do, uh
is trap them and have them moved. You can't kill
them unless they are attacking you or your pet. That
was Animal Control that told me that. I'm not making
that one up, So I don't know what to tell you.
Can Yatta?
Speaker 4 (14:52):
I know, yes, sir, that's that's right.
Speaker 7 (14:55):
No, outside of the hundred outside of one hundred.
Speaker 4 (14:58):
And fifty yard rule with five arms, you know, dwelling
and so forth, they're fair game.
Speaker 1 (15:03):
Literally all right, Okay, well you know what I'll call.
I'll call animal control again. And by the way, thank
you for correcting me. This will be the last phone
call you will ever.
Speaker 2 (15:12):
Make to this show. I just want you to understand that. Okay, Bill, Yeah,
you got it.
Speaker 1 (15:16):
The rule is no one corrects me even if I'm wrong.
I am absolutely not interested.
Speaker 2 (15:22):
This is Handle on the Law.
Speaker 4 (15:26):
You're listening to Bill Handle on demand from KFI AM
six forty.
Speaker 1 (15:32):
Kf I am six forty Handle here on a Saturday,
half an hour to go until we bail out of here,
and rich Dmurrow shows up with the Tech Show, and
then at two o'clock it's Neil Sabedra with the fork
report his foodie show, eight hundred five two zero one
(15:53):
five three four. Number to call eight hundred five to
two zero one five three four and welcome back. Handle
on the law marginal legal advice. Okay, James, Hello James,
Welcome Patty.
Speaker 7 (16:09):
I was going to kiss your butt for a second
because that last coyote caller. If you don't mind, but
my question, can I give a few meat and potatoes
of the thing asking?
Speaker 2 (16:20):
Sure, but quickly.
Speaker 7 (16:22):
My stepdad worked for the railroad for over forty years,
retired at the highest tier at seventy. He died two
years later. My mom was supposed to get retirement when
she turned sixty this year February. There was an issue
February twenty fifth. She was supposed to see a doctor
for a competency report. That doctor said, see a psych.
(16:44):
That psych said no.
Speaker 2 (16:46):
So wait a second.
Speaker 1 (16:48):
She was supposed to see her for a competency report
and the psych said, know as to what that she
was competent or incompetent and this has to do with
her mental.
Speaker 7 (17:00):
Already sink two paid form from retirement, two paid form
from the retirement. Any MD can sign actually doesn't have okay,
but what.
Speaker 2 (17:07):
Does it say.
Speaker 1 (17:08):
Wait a second, what is the document when you say competency?
I don't understand. Is it her mental functions?
Speaker 2 (17:17):
Is that what's at risk here?
Speaker 7 (17:20):
I didn't want to give too much detail because it
could go on forever. But the day my mom went
in there, my aunt was with her, and my mom
recently started taking prozac and was drinking. My aunt was
trying to take conservatorship of or I'm not sure if
that's quick word, but wanted the retirement money.
Speaker 3 (17:37):
So they.
Speaker 7 (17:39):
Stopped it or whatever and offered this two page form.
And it's pretty basic. It's this person able to take
care of theirselfs or manager finances.
Speaker 2 (17:50):
What is the retire what are the retirement people have
to do with that? Their job is just to give
her the money to make sure.
Speaker 7 (17:58):
I guess they just want to make sure she wasn't
going to spend It's.
Speaker 2 (18:01):
Not the problem, it's not there. It's not you know what,
she spend it all she wants.
Speaker 5 (18:04):
I don't.
Speaker 2 (18:04):
I don't get it.
Speaker 1 (18:05):
She they cannot make I don't think they can make
the determination whether she's mentally competent not competent.
Speaker 2 (18:13):
Here is a woman who asks for retirement so I
don't get this.
Speaker 7 (18:18):
But we even saw a third doctor very recently and
she said no, that she wanted to collaborate with a psychiatrist.
Speaker 2 (18:24):
Okay. When they say no, they know that she is
competent or know that she is not competent.
Speaker 7 (18:31):
They wouldn't sign it until something further. But it's been
since February. It's now me.
Speaker 2 (18:38):
Okay, man, yeah, and boy, you know this one.
Speaker 1 (18:42):
I don't understand a pension plan saying no, we're not
going to give you the money because we don't think
you're competent enough to receive the money, or you're going
to spend the money inappropriately, or you can't take care
of yourself.
Speaker 2 (18:58):
I don't understand. Is it how it's their call.
Speaker 7 (19:02):
And I've called them several times. I don't what can
be done.
Speaker 2 (19:06):
I think someone has to represent your mom or your stepmom.
Speaker 7 (19:10):
Well here's my question. Can they be sued for the lump?
Speaker 5 (19:13):
Yes?
Speaker 1 (19:14):
Oh yeah, Oh no, they'll get it. She'll get it back.
I mean she'll get it all and probably some sanctions.
That's not a problem. I mean it's savings at this point.
Speaker 2 (19:21):
Oh, she'll get it.
Speaker 7 (19:23):
We're even being asked to vacate a property right now
where we're at. They only give us three day warning.
Speaker 1 (19:28):
But they can't give you three They can't just give
you three day warning, ask for vacate.
Speaker 2 (19:33):
Why vacating the property? What's the reason for asking you
to vacate?
Speaker 7 (19:37):
It's that travel trailer we're in California listed as we
can stay in it for emergencies. But the city code
we're at now says an accessory vehicle can't be used
as a dwelling. Three days to vacate.
Speaker 2 (19:52):
Okay, this is the city telling you. So you're not
being evicted.
Speaker 1 (19:56):
Okay, an accessory vehicle cannot be used as a a dwelling.
Speaker 2 (20:01):
So, uh, you're in a trailer park.
Speaker 7 (20:04):
No, no, No, my aunt's property. It's kind of being foreclosed.
Speaker 2 (20:09):
Okay, you're right, they are. They're a huge amount of issues.
Speaker 5 (20:12):
That one.
Speaker 2 (20:13):
I'll leave along to that one. You know, the city,
you know what kind of vehicle is it?
Speaker 1 (20:17):
Uh? Okay, fine, Uh, But as far as the pension
is concerned, I don't for the life of me understand
uh how the sons and and somehow her sister coming
in and says give me the money. Yep, it's fine,
And and they decide they're going to give her the money,
(20:39):
or it's a possibility without a court order, without someone
declaring that she's incompetent, without a conservator.
Speaker 2 (20:45):
What if I came in and said, give me the money.
So I mean, uh yeah, uh.
Speaker 1 (20:55):
At this at this point, when I get an attorney, Yeah,
I there's somebody there.
Speaker 2 (21:01):
Was she part Was she part of a union by
any chance?
Speaker 7 (21:05):
No, she was just married to my stepdad who was
with the railroad, So whatever that was part of Uh.
Speaker 1 (21:11):
Yeah, if it's part if it's part of his retirement,
then oh then the union should get involved. If it's
part of his retirement, the union is going to get involved.
And that's what you call and get the union rep.
Because that now you're talking.
Speaker 2 (21:27):
I'm sorry, I.
Speaker 7 (21:28):
Don't expect the left car as in I only have
a bachelor's in history, by the way, so I know
you're not going to know all the codes in the
United States California, blah blah blah. But you do give
good advice.
Speaker 2 (21:38):
So all right, well, thank you. I appreciate that.
Speaker 1 (21:40):
Now, clearly he's got some issues going on, because ninety
percent of the time I wouldn't listen to me. But
that's you know, Okay, here we go, Jake, Hello, Jake, welcome.
Speaker 8 (21:54):
So I had an accident back in August twenty twenty four.
I was side sight by Mercedes. As my car received
a substantial amount of the damage. He only had a
few scratches. As soon as he got out of the car,
he was like, oh, I think I have some bad
of course.
Speaker 2 (22:13):
I was like, yeah, of course.
Speaker 8 (22:15):
So I hired a lawyer, which I regret.
Speaker 2 (22:19):
Why would you hire a way? Why would why would you?
Why would you hire a lawyer? Jake? Do you haven't?
Do you have insurance?
Speaker 8 (22:30):
Yeah?
Speaker 2 (22:32):
The insurance company, if you need to, gives you the lawyer.
Speaker 1 (22:35):
That's why insurance companies are there. Not only do they
pay or go. They go after people on your behalf.
And if you need a lawyer, they supply the lawyer.
You paid, You got a lawyer on your own.
Speaker 8 (22:48):
Yeah.
Speaker 1 (22:49):
Oh wow, Okay, So I mean that starts the conversation. Okay,
moving on.
Speaker 8 (22:55):
So suffice to say, I I chose to have this
lawyer not represent me anymore because they didn't attend something
called arbitration. I don't right.
Speaker 2 (23:08):
Yeah.
Speaker 1 (23:08):
That means that under your insurance, under your insurance policy,
which is kind of interesting because you don't have to
attend arbitration unless you unless you've signed an arbitration agreement,
or your insurance company forces you to go to arbitration. Uh,
based on the fact that there's some dispute with them.
(23:29):
So I don't understand that one either. So you didn't
show up at the arbitration or the lawyer didn't show
up at.
Speaker 8 (23:35):
The lawyer didn't show up. So because the lawyer didn't
show up, now I'm at fault. And the letter that
IRBSHU says that I have thirty days to do.
Speaker 2 (23:45):
Okay, wait a minute, hold on, no no, no, no, no, no,
no no no. If you have binding arbitration, you didn't
show up, how much are they asking you to pay?
Speaker 8 (23:56):
Forty seven dollars?
Speaker 2 (23:57):
Okay, this, I mean jake everything wrong.
Speaker 1 (24:01):
I would tell you turn it over to your insurance company,
but I know that they're going to tell you no,
thank you, because you're past the time.
Speaker 2 (24:07):
You have thirty days in which to in which to
file your claim. Man, Oh god, I don't. I just don't.
I just don't get it.
Speaker 1 (24:18):
I mean, that's the first thing you do is turn
it over to your insurance company. I mean, that's the
first thing you do. All right, So I don't understand
how they got you into arbitration other than your lawyer
agreed to arbitration.
Speaker 2 (24:33):
I guess without your permission. I don't know. And you've
is there a judgment against you?
Speaker 1 (24:40):
Do you know?
Speaker 8 (24:43):
I don't know?
Speaker 2 (24:45):
Okay, Well, yeah, okay, it's a lawyer. The lawyer just
sent you a letter saying you owe forty seven hundred dollars.
Speaker 8 (24:51):
Right, well, the lawyer on the other guys, Yeah, he.
Speaker 2 (24:56):
Just sent you a letter. He just sent you a
letter saying you owe forty seven hundred dollars.
Speaker 1 (25:00):
He didn't he didn't attach a decision by an arbitrator
or a judge in this case would be an arbitrator.
Speaker 2 (25:06):
He didn't attach a decision.
Speaker 1 (25:08):
You're fine, you're telling the God pound sand at this point,
God Jake, Yeah, I mean, that's well so far today
you win the Idiot of the Show award. Very very impressive,
to say the least.
Speaker 2 (25:24):
Shelley Hi, Shelley.
Speaker 3 (25:27):
Hi.
Speaker 9 (25:27):
I have a Metris van and I received a letter
in the mail that there was five recalls on the vehicle.
I took the vehicle to a very well known dealership
in Orange County and Mercedes dealership to get the five
recalls done. They did that, they took and they also
did an oil change, which I paid for at a
(25:49):
pocket The five recalls were free.
Speaker 7 (25:50):
Of course.
Speaker 3 (25:52):
We took.
Speaker 9 (25:53):
We picked up the vehicle, brought it home within a week,
less than four five miles that we put on the vehicle,
the entire engine seized up.
Speaker 2 (26:05):
Ooh okay, yeah, all right. A couple of things.
Speaker 1 (26:08):
First of all, was that engine seizing have anything to
do with the recall? Is there any connection there?
Speaker 9 (26:15):
The only thing is there was a fuel line, two
fuel lines that they replaced, which was very dangerous.
Speaker 2 (26:21):
Okay, So it's not a question. It's not a question
of seizing up. It is a question.
Speaker 1 (26:27):
I mean fuel lines. You sort of run out of gas.
So that's not going to seize the engine, I don't think.
And so the the recall wasn't connected to it.
Speaker 2 (26:36):
How old is the car?
Speaker 9 (26:39):
Twenty sixteen?
Speaker 1 (26:40):
Okay, so you've got a car that's basically it's nine
years old and so correct.
Speaker 9 (26:45):
And they did a full video of the engine, and
what do they say.
Speaker 1 (26:50):
By the way, okay, they did what look if they
did a full video of the engine when you brought
it in for.
Speaker 2 (26:55):
A recall correct. Oh all right, well the car's not
under warranty. Did you ask the dealer? Did you ask
the dealership? What's this about?
Speaker 9 (27:05):
Absolutely?
Speaker 2 (27:05):
I called the dealer and the and with the dealers,
and what the dealership say?
Speaker 9 (27:10):
Service manager said, send me your oil change records, which
I did, all right, and lots of games being played,
not returning my call.
Speaker 2 (27:19):
All right? How much is it going to cost her?
How much is it going to cost to replace the engine?
Speaker 9 (27:23):
Thirteen thousand dollars?
Speaker 1 (27:25):
Okay, well you got twelve five hundred dollars in small
claims court, and I would just instantly file lawsuit against
the dealership, even Mercedes, but mainly the dealership.
Speaker 5 (27:37):
Yeah.
Speaker 1 (27:37):
Well, it depends on what they're going to say. Why
would an engine seize up?
Speaker 9 (27:42):
Uh?
Speaker 2 (27:43):
For no reason?
Speaker 1 (27:44):
You know? That's uh yeah, yeah, I would argue it's defective.
You may also want to go real quickly, go ahead.
Speaker 9 (27:53):
And here's my question. We filled up the vehicle with
gas and literally within five miles this noise, like a
little flat noise, and then the engine just died.
Speaker 1 (28:06):
Okay, okay, so what you know, whether you filled it
up or didn't fill it up, that's gonna be you
you're gonna have to bring in an expert who says, yeah,
there's something wrong, something, there's no reason for it.
Speaker 2 (28:17):
And then it depends on the Small Claims Court judge
as to.
Speaker 5 (28:21):
What he believes.
Speaker 2 (28:22):
Whatever you do when you sue it.
Speaker 1 (28:23):
When you sue, bring as much information as you can
and a for example, a mechanic saying there's no reason
for this, that it seesed up. Something is defective about this,
and you got twelve five hundred dollars to play with. Now,
before we take our break, let me tell you about
living in chronic pain. If you know someone who does.
(28:44):
If you live in chronic pain, which is pain all
the time, let's say trauma was involved, let me suggest
you listen to the Pain Game podcast because this is
about chronic pain. This is basically my wife, who lives
with chronic pain ever since I've known.
Speaker 2 (28:59):
Her, and it is god awful. Although she's a trooper,
she's a hero the way she does this.
Speaker 1 (29:03):
And so what she started, she created the Pain Game
podcast for herself and to help people deal with chronic
pain and trauma. And boy does it work. If you
hurt all the time, and if you know someone who hurts,
so you're treating someone who hurts. Let me suggest listening
to the Pain Game podcasts wherever you listen to podcasts.
And this really is about giving pain purpose if you
(29:25):
can believe that. It's counterintuitive, but boy does it work.
The Pain Game podcast on social media. It's at the
Pain Game Podcast. Season three just started Pain Game, the
Pain Game Podcast.
Speaker 2 (29:40):
This is Handle on the Law.
Speaker 1 (29:43):
Sayah bye, Handle here on a Saturday, last segment of
the show. But I continue on with phone calls as
I lock out, and we'll take your phone calls and
answer questions off the air, and we go through them
very quickly as you can imagine, because there're no breaks
of any kind. Numbers eight hundred five two zero one
five three four lines are open right now eight hundred
(30:05):
five to two zero one five three four And welcome back.
Speaker 2 (30:11):
Handle on the Law. Marginal Legal Advice.
Speaker 1 (30:17):
Toshiku, Hi Toshiko. I'm assuming you're Japanese. I'm assuming you're
death in Japanese.
Speaker 9 (30:28):
No, I'm not.
Speaker 5 (30:29):
I'm getting death.
Speaker 2 (30:30):
Oh okay, got it all right? What can I do
for you?
Speaker 5 (30:36):
My brother got a job and then he was complaining
that they're taking out taxes too much, and he wanted to.
He asked my dad if he could put his name
on the house that he bought my dad bought, and
my dad refused, you know, to have been that he
should go and get it a house for himself so
(30:56):
he can have deduction. But instead he went and got
life insurance on my mom and dad, and my dad
was only fifty six years old. But he took my
dad out and got into a car accident and he
really slammed into a brick wall a building and palm tree,
and my dad lost his manhood. He was he was
(31:20):
intensive care and he was bedridden for a year and
a half. But before that he had did his will
and trust and and had it done for my brother,
me and my sister. But thirty five years later, he
just killed my brother, just killed my mom. And I
(31:42):
didn't take it because he.
Speaker 2 (31:45):
How'd you rather do it? How'd you brother kill her?
Speaker 5 (31:46):
Does she go? I wanted to investigate my mom. He
carried my mom to the hospital with a black eye,
and she had.
Speaker 3 (31:58):
Had I.
Speaker 2 (32:00):
Kill her.
Speaker 5 (32:03):
I don't know, there's lots of he didn't. He was
a caretaker, and he had lots of throw rugs, and
he probably she probably slipped, you know, that's what he said.
Speaker 2 (32:15):
So he kills your dad, doesn't kill your dad.
Speaker 1 (32:19):
He just has your dad Shawns removed, so your dad
had to have a sponse ectomy.
Speaker 2 (32:24):
Uh and uh so let me get this right.
Speaker 5 (32:26):
So just a little confus he did kill my dad
because I went to work on Mother's Day and my
mother led him in that my brother, my mother let
my brother in the house and while he was sleeping
and they suffocated him.
Speaker 2 (32:44):
So what's your question, my dear to she go, because
I'm just basically.
Speaker 5 (32:47):
Anyway, my brother just passed away. But before he passed away,
he went and made a new will in trust, so
he gives the house to my nephew, his his Can
you do that?
Speaker 1 (33:01):
Okay, here's who I want you to ask. I don't
think based on what you have asked me, I can't
answer the question. So this afternoon, when you go into
your group meeting at the facility that you're at, I
would ask the psychiatrist who's actually running the meeting and
ask the same question, because I'm sure that will help
(33:23):
you a whole lot. All right, Well, it's good call
for the hour, I have to admit, all right, I
want to end the hour telling you about Zelman's and
what's going on Zelman's Mint Team Mouth. I mean you
know about him by now, you certainly should. And these
are little capsules parsley seed oil. They are covered in mint,
strong mint, and once you pop them in your mouth
(33:45):
and the mint part is gone, you're sucking on them,
then you swallow them or bite into them and they
go to work in your gut where it where bad
breath can start does start. And what this is all
about is the good, clean, delicious breath for hours and hours.
Speaker 2 (33:59):
That's now they have a new spearmint flavor and they
want you to try it. And this is for free.
Speaker 1 (34:06):
It's the same exactly the same capsule. Instead of covered
with mint, it's covered with spearmint. And there's an exclusive
offer going on right now, and that is when you
order a three pack or more of the original peppermint,
then you get a free spearmint pack. It's a limited order,
it's a limited run, so it's limited. Well obviously it's
(34:27):
time is limited. It's only till the end of the month,
but supply is also limited. They're gonna run out, so
take advantage. You order a three pack or more, a
free spearmint pack of Zelman's go to Zelmans dot com,
z E L M, I N S. Zelmans dot com,
slash kfi zelmans dot com slash kfi.
Speaker 5 (34:49):
And let me do this.
Speaker 1 (34:50):
I'm gonna be taking phone calls right after the show
as I lock out.
Speaker 2 (34:54):
For those of you that are on the phone, stay put.
Speaker 1 (34:57):
I will get to you, and you're on hold, and
if you can call in, you can call in any
time over the next few minutes, because you know, I
go through these phone calls very very quickly. And the
number eight hundred five two zero one five three four,
eight hundred five two zero one five three four. This
is Handle on the Law.
Speaker 2 (35:18):
You're listening to Bill Handle on demand from KFI AM
six forty
You're listenings KFI AM six forty the bill handles show
on demand on the iHeartRadio f KFI AM six forty.
Bill handle here. It is a Saturday morning. Eight hundred
and five two zero one five three four is the
number to call last hour for your legal questions. Coming
(00:22):
up at eleven o'clock, Rich Dumurrow comes aboard with the
Tech Show, and then this afternoon two to five is
the foodie show Fork Report with Neil Sabadra. And Neil,
who's with me Monday through Friday every morning on my show,
is a foody extraordinary. As a matter of fact, he
is helping me learn how to grill. I got this
(00:43):
new griller thing and I made my first brisket and.
Speaker 2 (00:46):
It's a disaster. Was a disaster.
Speaker 1 (00:48):
So I get to call Neil as soon as I
get off this show and say what I do, Please
help me, and he will.
Speaker 2 (00:55):
He's that good, all right.
Speaker 1 (00:56):
That's from two to five o'clock this afternoon, and the
number here again we have some calls. Top of the hour,
always the best time to call. Eight hundred and five
to zero one five three four. This is handle on
the law marginal legal advice, where I tell you you
have absolutely no case. This is a case maybe, well,
(01:18):
it is certainly a case where a judge made a decision,
and this has to do with the deportation of the
Venezuelans under the Alien Enemies Act. Now, this Act was
passed in the late seventeen hundreds, just as the United
States had become a country, and it said that anybody
(01:40):
who is an alien, not a citizen in the United
States or allowed to be here legally, can be thrown
out of this country, can be deported under this Act.
And what it did is simply allow the president to
not use any other reason, just invoke the alien the
Alien Enemies Act.
Speaker 2 (02:00):
Here's the problem.
Speaker 1 (02:03):
It has to do with invading of armies into the
United States. It's a war time provision that's been used
actually twice in modern times, and one of them was
the unfortunately interment of the Japanese Americans during World War Two.
(02:24):
I was under the Alien Enemies Act and it's just ridiculous.
Speaker 2 (02:27):
And the court held it up, which is nuts.
Speaker 1 (02:31):
Well, a judge barred that saying, no, the people that
are here this is not an invasion, as Trump has
called it, illegal gang members coming into this country. He
views as a wartime invasion, and the judge says, there
are other ways of tossing out people. I'm not arguing
that that the White House doesn't have the ability, the
(02:53):
Justice Department doesn't have ability to make that happen. But
what you can't do is use this Act. That's the problem.
Neither the court nor the parties question. The executive branch
can direct the detention removal of aliens who engage in
criminal activity in the United States, but the president's invocation
(03:14):
of the Aea the Aliens Act through this proclamation he did,
this executive order exceeds the scope of the statute and
it goes beyond the ordinary meaning of the terms of
the statute. Now, why is this such a big deal.
I'll tell you why this is such a big deal,
because this is part and parcel of President Trump stretching
(03:37):
executive powers wherever he can, testing how far the president
has powers, taking laws and saying I have the ability
to do this, we are Heretofore, no president would ever
think of doing stuff like this. And he is rewriting,
He literally is rewriting the way government is run.
Speaker 2 (03:59):
And he has a Republican majority.
Speaker 1 (04:01):
Well, he has a Republican party that is bent to
his will no matter what he says there for it.
Speaker 2 (04:09):
And so we're going to.
Speaker 1 (04:10):
See, I mean, the last bastion of this stuff is
the courts. And does he pay attention, for example, that
one Venezuelan Ms. Thirteen, the gang member who there's an
issue as to whether the gang member was in fact
a gang member, and he was deported to Venezuela and
he was here legally, he was under a program where
(04:33):
he was here legally, and they tossed him and.
Speaker 2 (04:35):
The court said no.
Speaker 1 (04:38):
The Supreme Court said you have to bring him back
or facilitate his return, and Trump just said no, not interested.
Speaker 2 (04:47):
So we don't know how far that's going to go.
Speaker 1 (04:50):
But at this point, the Enemies an Alien Act, according
to this judge, cannot be used. It'll be appealed, it,
no doubt will go to the Supreme Court inevitably, because
everything he does go to the screen Court. Is It's
fascinating to see how business is just being completely completely rewritten.
Speaker 2 (05:09):
All right, phone call, let's do it all right? James, Hi, James, welcome,
Hey Bill.
Speaker 3 (05:18):
When I first got married to ten years ago, my
wife took out a student loan but never consulted me.
About it, and I'm wondering what kind of exposure I
might have or liability in Yeah, that's a good.
Speaker 2 (05:33):
That's a good question. Now you now you were not
on the loan, correct, that's correct. Oh, I think you're okay.
Speaker 1 (05:41):
I think I mean, it depends if they go to
a collection agency, and inevitably they do. When they just
go to regular collection agencies the government, you know, they
don't do They don't have collection people who get on
the phone and say, hey, where's the money and file lawsuits,
et cetera. They don't do that, so they outsource that
and you get to tell them I have nothing to
(06:02):
do with this.
Speaker 2 (06:03):
I didn't know about it.
Speaker 1 (06:04):
And then the argument is, you know you were married,
and it depends on you know, I don't know how
the law works with student loans. You know, for example,
going bankrupt on a student loan is much much more
difficult than it is with any other kind of loan.
If you borrow money from me and you don't pay
(06:25):
me back and I assue you, or you just go bankrupt,
you're allowed to go bankrupt. Student loans are different animals.
So I think you are okay, just.
Speaker 2 (06:35):
For okay, I think you all right, I hope. So
now whether or not you're okay, you know, I don't know.
Speaker 1 (06:43):
Hey, let me tell you quickly about Zelman Zelman's minty
Mouth before I take a quick break. They just introduced
their new Spearman flavor and they're saying, hey, try it
for free.
Speaker 2 (06:54):
Now.
Speaker 1 (06:54):
It's still the same tiny capsule that has partially seen inside,
but instead of the peppermint flavor, it now has a
sort of sweeter, very delicious spearmint flavor. And people have
been asking for this kind of change, and so there's
an exclusive KFI offer you visit Selmans dot com slash
(07:15):
kfi free pack of spearmen when you ordered three packs
or more of the original peppermint. This is until the
end of the month or until it's sold out. And
this is a limited run. This is the first run
of its kind, so they will sell out before the
end of the month, so take advantage. And the only
way to claim this is to go to Zelmans dot
(07:35):
com slash kfi z L M I n S dot
com slash kfi and if you buy a three pack
or more, guess what a free pack of Spearman's. That's
Zelmans dot com slash KFI.
Speaker 2 (07:49):
This is Handle on the Law.
Speaker 4 (07:53):
KFI M six forty.
Speaker 2 (07:55):
If you don't handle it.
Speaker 1 (07:56):
It is a Saturday morning and we're on show goes
on till eleven o'clock and then after eleven, as I
lock out and Rich Murroa comes board, I'll still take
phone calls off the air.
Speaker 2 (08:08):
In the meantime.
Speaker 1 (08:09):
The phone number here is eight hundred five two zero
one five three four eight hundred five two zero one
five three four.
Speaker 2 (08:18):
Back we go more Handle on the Law. Hi, Michelle, welcome.
Speaker 5 (08:23):
What can I do for you?
Speaker 2 (08:24):
Yes, yes, ma'am.
Speaker 6 (08:27):
I'm recently certified in micro blading and okay starting.
Speaker 2 (08:32):
Hang on, explain what micro blading is please.
Speaker 6 (08:36):
Micro Blading is a cosmetic tattooing process to enhance eyebrows.
Speaker 2 (08:43):
Basically, okay, so you just tatt okay, hold on.
Speaker 1 (08:47):
Basically you tattoo black stuff ink on your eyebrows.
Speaker 4 (08:51):
Is that it?
Speaker 2 (08:51):
Or is there more to that.
Speaker 6 (08:54):
A little more?
Speaker 7 (08:55):
But yes, you have it?
Speaker 1 (08:56):
Okay, So permanent eyeball of eyelashes or excuse me, eyebrows?
Speaker 2 (09:01):
Got it? Okay? Moving on?
Speaker 6 (09:03):
Correct?
Speaker 8 (09:04):
Moving on.
Speaker 6 (09:05):
Yeah, So I'm going to be starting my own business
and I want to do my due diligence, So beforehand,
I would like to get liability insurance as well as
I there. This is my part of my question. Would
it be better for me to start an LLC or
(09:25):
is it sufficient just to get a DBA.
Speaker 1 (09:29):
It has to do with liability. It is sufficient for
you to get a DBA. But if you get a DBA,
you are responsible. It's any kind of liability in the
sense that let's say you tattoo a eyebrow going straight
up instead of over, or you mistakenly tattoo with swastika
(09:51):
right over someone's eyebrows, and you get sued, okay for malpractice.
Speaker 2 (09:56):
Occasionally what it is is actually what it is.
Speaker 1 (09:58):
DBA, and this is miss Shell DBA swastika tattoo. Company
you get, you get sued individually, you are responsible dB
Now LLC it's the company that did it, so gives
you a lot more protection.
Speaker 2 (10:16):
So always do an LLC as opposed to a DBA.
Speaker 1 (10:20):
A DBA just forces you to unless you call it
Michelle's microblading, then you don't even need a DBA. If
you call it ACME microblading, you need a DBA. Michelle
DBA doing business ads and so that's your first answer, LLC.
Speaker 2 (10:36):
Is there a downside?
Speaker 1 (10:38):
Well, I mean you have to do two tax returns.
The LLC has to file a tax return. You have
to tile a tax return. But I think the protect protection.
Speaker 2 (10:45):
Is worth it.
Speaker 1 (10:47):
The real protection here, Hold on the real protection here.
You started that conversation insurance E n O insurance, errors
and emissions, malpractice in insurance. You have a good insurance policy, Michelle,
You're covered.
Speaker 2 (11:05):
You are covered. That is the real insurance is buying insurance.
Speaker 1 (11:10):
Have you looked at the cost of insurance for your business.
Speaker 6 (11:15):
Yes, I'm just starting to look into that, and there
is insurance for what I do, and the cost is
very low, which scares me a little bit.
Speaker 2 (11:28):
No, not necessarily. Not necessarily.
Speaker 1 (11:30):
It could be the cost is low because so few
claims are filed against the cost. You know, for example,
to buy umbrella insurance that's over and above your other liability.
For example, my auto insurance. I have two fifty five
hundred I believe in insurance, which means two hundred and
fifty thousand dollars per incident five hundred thousand, five hundred
(11:55):
thousand maximum. If there's more than one person involved suing me,
I have an umbrella policy on top of that that
goes to I don't know, a couple of million dollars.
Speaker 2 (12:04):
That's very cheap.
Speaker 1 (12:05):
Why because the claims almost never go over too fifty
The chances have been going over very low.
Speaker 2 (12:12):
And the argument I'm making here is it.
Speaker 1 (12:14):
Could be that the the policy, the premiums are so
low because people in your business just don't get sued
very often. So don't assume that there is something wrong
with that. How much do they want for insurance?
Speaker 3 (12:30):
Oh?
Speaker 6 (12:30):
Gosh, it was it was so low.
Speaker 2 (12:34):
A few a few hundred dollars a year.
Speaker 6 (12:37):
Even less than that.
Speaker 2 (12:38):
Yeah, okay, all.
Speaker 1 (12:39):
Right, Well and well how much coverage are we talking about?
Speaker 6 (12:45):
One hundred thousand?
Speaker 1 (12:47):
Okay? I mean that's no one's going to sue you
for more than one hundred thousand dollars, so that's pretty healthy.
Call other insurance companies. Okay, call some insurance brokers and
see which way to go on that, because I'm not
at all concern about really low premiums, because you know,
I mean.
Speaker 2 (13:06):
This is tattooing, you know, now, it's tattooing.
Speaker 1 (13:09):
On your eye, you know, next to your eyeballs, So
it may be more expensive than tattooing on your arm, right,
So yeah, So, so the bottom line is insurance is
first and then LLC is second. And I wouldn't do
a DBA good questions by the way, And when you
do get sued for putting something ridiculous on someone's eyeballs,
(13:32):
let me know and we'll talk about it.
Speaker 2 (13:35):
Okay, okay, all right, there you go. Why not? All right? Hello,
ken Yata, welcome. What can I do for you?
Speaker 4 (13:48):
Well, I have been waiting, being an avid fan of yours,
I've been waiting for years to catch you on something.
Now I'm not an attorney, but I do have a
master's degree in legal studies. I know enough to be dangerous.
So let me say this. You missed your handle. You
had a caller about an hour ago talk about a
coyote problem. Yeah, and they are not a protected species
(14:08):
in the state of California. As a matter of fact,
there's no bag limit. There are non gain animals.
Speaker 2 (14:14):
Then why then, let me ask you?
Speaker 1 (14:15):
When I called animal control uh here where I live,
and I asked them to take away the coyotes or
grind the because they're in my yard, and they said, now,
we're not interested in doing that.
Speaker 2 (14:30):
I go, okay, so what do I do?
Speaker 1 (14:31):
And he said the only thing you can do, uh
is trap them and have them moved. You can't kill
them unless they are attacking you or your pet. That
was Animal Control that told me that. I'm not making
that one up, So I don't know what to tell you.
Can Yatta?
Speaker 4 (14:52):
I know, yes, sir, that's that's right.
Speaker 7 (14:55):
No, outside of the hundred outside of one hundred.
Speaker 4 (14:58):
And fifty yard rule with five arms, you know, dwelling
and so forth, they're fair game.
Speaker 1 (15:03):
Literally all right, Okay, well you know what I'll call.
I'll call animal control again. And by the way, thank
you for correcting me. This will be the last phone
call you will ever.
Speaker 2 (15:12):
Make to this show. I just want you to understand that. Okay, Bill, Yeah,
you got it.
Speaker 1 (15:16):
The rule is no one corrects me even if I'm wrong.
I am absolutely not interested.
Speaker 2 (15:22):
This is Handle on the Law.
Speaker 4 (15:26):
You're listening to Bill Handle on demand from KFI AM
six forty.
Speaker 1 (15:32):
Kf I am six forty Handle here on a Saturday,
half an hour to go until we bail out of here,
and rich Dmurrow shows up with the Tech Show, and
then at two o'clock it's Neil Sabedra with the fork
report his foodie show, eight hundred five two zero one
(15:53):
five three four. Number to call eight hundred five to
two zero one five three four and welcome back. Handle
on the law marginal legal advice. Okay, James, Hello James,
Welcome Patty.
Speaker 7 (16:09):
I was going to kiss your butt for a second
because that last coyote caller. If you don't mind, but
my question, can I give a few meat and potatoes
of the thing asking?
Speaker 2 (16:20):
Sure, but quickly.
Speaker 7 (16:22):
My stepdad worked for the railroad for over forty years,
retired at the highest tier at seventy. He died two
years later. My mom was supposed to get retirement when
she turned sixty this year February. There was an issue
February twenty fifth. She was supposed to see a doctor
for a competency report. That doctor said, see a psych.
(16:44):
That psych said no.
Speaker 2 (16:46):
So wait a second.
Speaker 1 (16:48):
She was supposed to see her for a competency report
and the psych said, know as to what that she
was competent or incompetent and this has to do with
her mental.
Speaker 7 (17:00):
Already sink two paid form from retirement, two paid form
from the retirement. Any MD can sign actually doesn't have okay,
but what.
Speaker 2 (17:07):
Does it say.
Speaker 1 (17:08):
Wait a second, what is the document when you say competency?
I don't understand. Is it her mental functions?
Speaker 2 (17:17):
Is that what's at risk here?
Speaker 7 (17:20):
I didn't want to give too much detail because it
could go on forever. But the day my mom went
in there, my aunt was with her, and my mom
recently started taking prozac and was drinking. My aunt was
trying to take conservatorship of or I'm not sure if
that's quick word, but wanted the retirement money.
Speaker 3 (17:37):
So they.
Speaker 7 (17:39):
Stopped it or whatever and offered this two page form.
And it's pretty basic. It's this person able to take
care of theirselfs or manager finances.
Speaker 2 (17:50):
What is the retire what are the retirement people have
to do with that? Their job is just to give
her the money to make sure.
Speaker 7 (17:58):
I guess they just want to make sure she wasn't
going to spend It's.
Speaker 2 (18:01):
Not the problem, it's not there. It's not you know what,
she spend it all she wants.
Speaker 5 (18:04):
I don't.
Speaker 2 (18:04):
I don't get it.
Speaker 1 (18:05):
She they cannot make I don't think they can make
the determination whether she's mentally competent not competent.
Speaker 2 (18:13):
Here is a woman who asks for retirement so I
don't get this.
Speaker 7 (18:18):
But we even saw a third doctor very recently and
she said no, that she wanted to collaborate with a psychiatrist.
Speaker 2 (18:24):
Okay. When they say no, they know that she is
competent or know that she is not competent.
Speaker 7 (18:31):
They wouldn't sign it until something further. But it's been
since February. It's now me.
Speaker 2 (18:38):
Okay, man, yeah, and boy, you know this one.
Speaker 1 (18:42):
I don't understand a pension plan saying no, we're not
going to give you the money because we don't think
you're competent enough to receive the money, or you're going
to spend the money inappropriately, or you can't take care
of yourself.
Speaker 2 (18:58):
I don't understand. Is it how it's their call.
Speaker 7 (19:02):
And I've called them several times. I don't what can
be done.
Speaker 2 (19:06):
I think someone has to represent your mom or your stepmom.
Speaker 7 (19:10):
Well here's my question. Can they be sued for the lump?
Speaker 5 (19:13):
Yes?
Speaker 1 (19:14):
Oh yeah, Oh no, they'll get it. She'll get it back.
I mean she'll get it all and probably some sanctions.
That's not a problem. I mean it's savings at this point.
Speaker 2 (19:21):
Oh, she'll get it.
Speaker 7 (19:23):
We're even being asked to vacate a property right now
where we're at. They only give us three day warning.
Speaker 1 (19:28):
But they can't give you three They can't just give
you three day warning, ask for vacate.
Speaker 2 (19:33):
Why vacating the property? What's the reason for asking you
to vacate?
Speaker 7 (19:37):
It's that travel trailer we're in California listed as we
can stay in it for emergencies. But the city code
we're at now says an accessory vehicle can't be used
as a dwelling. Three days to vacate.
Speaker 2 (19:52):
Okay, this is the city telling you. So you're not
being evicted.
Speaker 1 (19:56):
Okay, an accessory vehicle cannot be used as a a dwelling.
Speaker 2 (20:01):
So, uh, you're in a trailer park.
Speaker 7 (20:04):
No, no, No, my aunt's property. It's kind of being foreclosed.
Speaker 2 (20:09):
Okay, you're right, they are. They're a huge amount of issues.
Speaker 5 (20:12):
That one.
Speaker 2 (20:13):
I'll leave along to that one. You know, the city,
you know what kind of vehicle is it?
Speaker 1 (20:17):
Uh? Okay, fine, Uh, But as far as the pension
is concerned, I don't for the life of me understand
uh how the sons and and somehow her sister coming
in and says give me the money. Yep, it's fine,
And and they decide they're going to give her the money,
(20:39):
or it's a possibility without a court order, without someone
declaring that she's incompetent, without a conservator.
Speaker 2 (20:45):
What if I came in and said, give me the money.
So I mean, uh yeah, uh.
Speaker 1 (20:55):
At this at this point, when I get an attorney, Yeah,
I there's somebody there.
Speaker 2 (21:01):
Was she part Was she part of a union by
any chance?
Speaker 7 (21:05):
No, she was just married to my stepdad who was
with the railroad, So whatever that was part of Uh.
Speaker 1 (21:11):
Yeah, if it's part if it's part of his retirement,
then oh then the union should get involved. If it's
part of his retirement, the union is going to get involved.
And that's what you call and get the union rep.
Because that now you're talking.
Speaker 2 (21:27):
I'm sorry, I.
Speaker 7 (21:28):
Don't expect the left car as in I only have
a bachelor's in history, by the way, so I know
you're not going to know all the codes in the
United States California, blah blah blah. But you do give
good advice.
Speaker 2 (21:38):
So all right, well, thank you. I appreciate that.
Speaker 1 (21:40):
Now, clearly he's got some issues going on, because ninety
percent of the time I wouldn't listen to me. But
that's you know, Okay, here we go, Jake, Hello, Jake, welcome.
Speaker 8 (21:54):
So I had an accident back in August twenty twenty four.
I was side sight by Mercedes. As my car received
a substantial amount of the damage. He only had a
few scratches. As soon as he got out of the car,
he was like, oh, I think I have some bad
of course.
Speaker 2 (22:13):
I was like, yeah, of course.
Speaker 8 (22:15):
So I hired a lawyer, which I regret.
Speaker 2 (22:19):
Why would you hire a way? Why would why would you?
Why would you hire a lawyer? Jake? Do you haven't?
Do you have insurance?
Speaker 8 (22:30):
Yeah?
Speaker 2 (22:32):
The insurance company, if you need to, gives you the lawyer.
Speaker 1 (22:35):
That's why insurance companies are there. Not only do they
pay or go. They go after people on your behalf.
And if you need a lawyer, they supply the lawyer.
You paid, You got a lawyer on your own.
Speaker 8 (22:48):
Yeah.
Speaker 1 (22:49):
Oh wow, Okay, So I mean that starts the conversation. Okay,
moving on.
Speaker 8 (22:55):
So suffice to say, I I chose to have this
lawyer not represent me anymore because they didn't attend something
called arbitration. I don't right.
Speaker 2 (23:08):
Yeah.
Speaker 1 (23:08):
That means that under your insurance, under your insurance policy,
which is kind of interesting because you don't have to
attend arbitration unless you unless you've signed an arbitration agreement,
or your insurance company forces you to go to arbitration. Uh,
based on the fact that there's some dispute with them.
(23:29):
So I don't understand that one either. So you didn't
show up at the arbitration or the lawyer didn't show
up at.
Speaker 8 (23:35):
The lawyer didn't show up. So because the lawyer didn't
show up, now I'm at fault. And the letter that
IRBSHU says that I have thirty days to do.
Speaker 2 (23:45):
Okay, wait a minute, hold on, no no, no, no, no, no,
no no no. If you have binding arbitration, you didn't
show up, how much are they asking you to pay?
Speaker 8 (23:56):
Forty seven dollars?
Speaker 2 (23:57):
Okay, this, I mean jake everything wrong.
Speaker 1 (24:01):
I would tell you turn it over to your insurance company,
but I know that they're going to tell you no,
thank you, because you're past the time.
Speaker 2 (24:07):
You have thirty days in which to in which to
file your claim. Man, Oh god, I don't. I just don't.
I just don't get it.
Speaker 1 (24:18):
I mean, that's the first thing you do is turn
it over to your insurance company. I mean, that's the
first thing you do. All right, So I don't understand
how they got you into arbitration other than your lawyer
agreed to arbitration.
Speaker 2 (24:33):
I guess without your permission. I don't know. And you've
is there a judgment against you?
Speaker 1 (24:40):
Do you know?
Speaker 8 (24:43):
I don't know?
Speaker 2 (24:45):
Okay, Well, yeah, okay, it's a lawyer. The lawyer just
sent you a letter saying you owe forty seven hundred dollars.
Speaker 8 (24:51):
Right, well, the lawyer on the other guys, Yeah, he.
Speaker 2 (24:56):
Just sent you a letter. He just sent you a
letter saying you owe forty seven hundred dollars.
Speaker 1 (25:00):
He didn't he didn't attach a decision by an arbitrator
or a judge in this case would be an arbitrator.
Speaker 2 (25:06):
He didn't attach a decision.
Speaker 1 (25:08):
You're fine, you're telling the God pound sand at this point,
God Jake, Yeah, I mean, that's well so far today
you win the Idiot of the Show award. Very very impressive,
to say the least.
Speaker 2 (25:24):
Shelley Hi, Shelley.
Speaker 3 (25:27):
Hi.
Speaker 9 (25:27):
I have a Metris van and I received a letter
in the mail that there was five recalls on the vehicle.
I took the vehicle to a very well known dealership
in Orange County and Mercedes dealership to get the five
recalls done. They did that, they took and they also
did an oil change, which I paid for at a
(25:49):
pocket The five recalls were free.
Speaker 7 (25:50):
Of course.
Speaker 3 (25:52):
We took.
Speaker 9 (25:53):
We picked up the vehicle, brought it home within a week,
less than four five miles that we put on the vehicle,
the entire engine seized up.
Speaker 2 (26:05):
Ooh okay, yeah, all right. A couple of things.
Speaker 1 (26:08):
First of all, was that engine seizing have anything to
do with the recall? Is there any connection there?
Speaker 9 (26:15):
The only thing is there was a fuel line, two
fuel lines that they replaced, which was very dangerous.
Speaker 2 (26:21):
Okay, So it's not a question. It's not a question
of seizing up. It is a question.
Speaker 1 (26:27):
I mean fuel lines. You sort of run out of gas.
So that's not going to seize the engine, I don't think.
And so the the recall wasn't connected to it.
Speaker 2 (26:36):
How old is the car?
Speaker 9 (26:39):
Twenty sixteen?
Speaker 1 (26:40):
Okay, so you've got a car that's basically it's nine
years old and so correct.
Speaker 9 (26:45):
And they did a full video of the engine, and
what do they say.
Speaker 1 (26:50):
By the way, okay, they did what look if they
did a full video of the engine when you brought
it in for.
Speaker 2 (26:55):
A recall correct. Oh all right, well the car's not
under warranty. Did you ask the dealer? Did you ask
the dealership? What's this about?
Speaker 9 (27:05):
Absolutely?
Speaker 2 (27:05):
I called the dealer and the and with the dealers,
and what the dealership say?
Speaker 9 (27:10):
Service manager said, send me your oil change records, which
I did, all right, and lots of games being played,
not returning my call.
Speaker 2 (27:19):
All right? How much is it going to cost her?
How much is it going to cost to replace the engine?
Speaker 9 (27:23):
Thirteen thousand dollars?
Speaker 1 (27:25):
Okay, well you got twelve five hundred dollars in small
claims court, and I would just instantly file lawsuit against
the dealership, even Mercedes, but mainly the dealership.
Speaker 5 (27:37):
Yeah.
Speaker 1 (27:37):
Well, it depends on what they're going to say. Why
would an engine seize up?
Speaker 9 (27:42):
Uh?
Speaker 2 (27:43):
For no reason?
Speaker 1 (27:44):
You know? That's uh yeah, yeah, I would argue it's defective.
You may also want to go real quickly, go ahead.
Speaker 9 (27:53):
And here's my question. We filled up the vehicle with
gas and literally within five miles this noise, like a
little flat noise, and then the engine just died.
Speaker 1 (28:06):
Okay, okay, so what you know, whether you filled it
up or didn't fill it up, that's gonna be you
you're gonna have to bring in an expert who says, yeah,
there's something wrong, something, there's no reason for it.
Speaker 2 (28:17):
And then it depends on the Small Claims Court judge
as to.
Speaker 5 (28:21):
What he believes.
Speaker 2 (28:22):
Whatever you do when you sue it.
Speaker 1 (28:23):
When you sue, bring as much information as you can
and a for example, a mechanic saying there's no reason
for this, that it seesed up. Something is defective about this,
and you got twelve five hundred dollars to play with. Now,
before we take our break, let me tell you about
living in chronic pain. If you know someone who does.
(28:44):
If you live in chronic pain, which is pain all
the time, let's say trauma was involved, let me suggest
you listen to the Pain Game podcast because this is
about chronic pain. This is basically my wife, who lives
with chronic pain ever since I've known.
Speaker 2 (28:59):
Her, and it is god awful. Although she's a trooper,
she's a hero the way she does this.
Speaker 1 (29:03):
And so what she started, she created the Pain Game
podcast for herself and to help people deal with chronic
pain and trauma. And boy does it work. If you
hurt all the time, and if you know someone who hurts,
so you're treating someone who hurts. Let me suggest listening
to the Pain Game podcasts wherever you listen to podcasts.
And this really is about giving pain purpose if you
(29:25):
can believe that. It's counterintuitive, but boy does it work.
The Pain Game podcast on social media. It's at the
Pain Game Podcast. Season three just started Pain Game, the
Pain Game Podcast.
Speaker 2 (29:40):
This is Handle on the Law.
Speaker 1 (29:43):
Sayah bye, Handle here on a Saturday, last segment of
the show. But I continue on with phone calls as
I lock out, and we'll take your phone calls and
answer questions off the air, and we go through them
very quickly as you can imagine, because there're no breaks
of any kind. Numbers eight hundred five two zero one
five three four lines are open right now eight hundred
(30:05):
five to two zero one five three four And welcome back.
Speaker 2 (30:11):
Handle on the Law. Marginal Legal Advice.
Speaker 1 (30:17):
Toshiku, Hi Toshiko. I'm assuming you're Japanese. I'm assuming you're
death in Japanese.
Speaker 9 (30:28):
No, I'm not.
Speaker 5 (30:29):
I'm getting death.
Speaker 2 (30:30):
Oh okay, got it all right? What can I do
for you?
Speaker 5 (30:36):
My brother got a job and then he was complaining
that they're taking out taxes too much, and he wanted to.
He asked my dad if he could put his name
on the house that he bought my dad bought, and
my dad refused, you know, to have been that he
should go and get it a house for himself so
(30:56):
he can have deduction. But instead he went and got
life insurance on my mom and dad, and my dad
was only fifty six years old. But he took my
dad out and got into a car accident and he
really slammed into a brick wall a building and palm tree,
and my dad lost his manhood. He was he was
(31:20):
intensive care and he was bedridden for a year and
a half. But before that he had did his will
and trust and and had it done for my brother,
me and my sister. But thirty five years later, he
just killed my brother, just killed my mom. And I
(31:42):
didn't take it because he.
Speaker 2 (31:45):
How'd you rather do it? How'd you brother kill her?
Speaker 5 (31:46):
Does she go? I wanted to investigate my mom. He
carried my mom to the hospital with a black eye,
and she had.
Speaker 3 (31:58):
Had I.
Speaker 2 (32:00):
Kill her.
Speaker 5 (32:03):
I don't know, there's lots of he didn't. He was
a caretaker, and he had lots of throw rugs, and
he probably she probably slipped, you know, that's what he said.
Speaker 2 (32:15):
So he kills your dad, doesn't kill your dad.
Speaker 1 (32:19):
He just has your dad Shawns removed, so your dad
had to have a sponse ectomy.
Speaker 2 (32:24):
Uh and uh so let me get this right.
Speaker 5 (32:26):
So just a little confus he did kill my dad
because I went to work on Mother's Day and my
mother led him in that my brother, my mother let
my brother in the house and while he was sleeping
and they suffocated him.
Speaker 2 (32:44):
So what's your question, my dear to she go, because
I'm just basically.
Speaker 5 (32:47):
Anyway, my brother just passed away. But before he passed away,
he went and made a new will in trust, so
he gives the house to my nephew, his his Can
you do that?
Speaker 1 (33:01):
Okay, here's who I want you to ask. I don't
think based on what you have asked me, I can't
answer the question. So this afternoon, when you go into
your group meeting at the facility that you're at, I
would ask the psychiatrist who's actually running the meeting and
ask the same question, because I'm sure that will help
(33:23):
you a whole lot. All right, Well, it's good call
for the hour, I have to admit, all right, I
want to end the hour telling you about Zelman's and
what's going on Zelman's Mint Team Mouth. I mean you
know about him by now, you certainly should. And these
are little capsules parsley seed oil. They are covered in mint,
strong mint, and once you pop them in your mouth
(33:45):
and the mint part is gone, you're sucking on them,
then you swallow them or bite into them and they
go to work in your gut where it where bad
breath can start does start. And what this is all
about is the good, clean, delicious breath for hours and hours.
Speaker 2 (33:59):
That's now they have a new spearmint flavor and they
want you to try it. And this is for free.
Speaker 1 (34:06):
It's the same exactly the same capsule. Instead of covered
with mint, it's covered with spearmint. And there's an exclusive
offer going on right now, and that is when you
order a three pack or more of the original peppermint,
then you get a free spearmint pack. It's a limited order,
it's a limited run, so it's limited. Well obviously it's
(34:27):
time is limited. It's only till the end of the month,
but supply is also limited. They're gonna run out, so
take advantage. You order a three pack or more, a
free spearmint pack of Zelman's go to Zelmans dot com,
z E L M, I N S. Zelmans dot com,
slash kfi zelmans dot com slash kfi.
Speaker 5 (34:49):
And let me do this.
Speaker 1 (34:50):
I'm gonna be taking phone calls right after the show
as I lock out.
Speaker 2 (34:54):
For those of you that are on the phone, stay put.
Speaker 1 (34:57):
I will get to you, and you're on hold, and
if you can call in, you can call in any
time over the next few minutes, because you know, I
go through these phone calls very very quickly. And the
number eight hundred five two zero one five three four,
eight hundred five two zero one five three four. This
is Handle on the Law.
Speaker 2 (35:18):
You're listening to Bill Handle on demand from KFI AM
six forty
Popular Podcasts
Dateline NBC
Current and classic episodes, featuring compelling true-crime mysteries, powerful documentaries and in-depth investigations. Follow now to get the latest episodes of Dateline NBC completely free, or subscribe to Dateline Premium for ad-free listening and exclusive bonus content: DatelinePremium.com
Stuff You Should Know
If you've ever wanted to know about champagne, satanism, the Stonewall Uprising, chaos theory, LSD, El Nino, true crime and Rosa Parks, then look no further. Josh and Chuck have you covered.
Intentionally Disturbing
Join me on this podcast as I navigate the murky waters of human behavior, current events, and personal anecdotes through in-depth interviews with incredible people—all served with a generous helping of sarcasm and satire. After years as a forensic and clinical psychologist, I offer a unique interview style and a low tolerance for bullshit, quickly steering conversations toward depth and darkness. I honor the seriousness while also appreciating wit. I’m your guide through the twisted labyrinth of the human psyche, armed with dark humor and biting wit.