Episode Transcript
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Speaker 1 (00:00):
You're listenings KFI AM six forty. The Bill Handles show
on demand on the iHeartRadio f This is Handle on
the Law where I give you marginal league advice until
you you have absolutely no case. Pete Heggsith. Hegsith is
the Defense Secretary. Actually he'll be the Secretary of War
(00:24):
because the President changed the name of that department. And
what he has done, and that's Pete Hegscith has approved
sending six hundred military lawyers to the Justice Department to
serve as temporary immigration judges.
Speaker 2 (00:41):
Now I can never have never heard of that happening.
Speaker 1 (00:44):
So the military will send groups of one hundred and
fifty lawyers at a time, both military and civilians, to
the Justice Department as soon as practicable. And of course
this is the administration's attempt and the administration's move to
get the entire immigration issue moving as quickly as possible
(01:06):
and deport as many illegal migrants. Okay, Now, the Trump
administration is turning to the military more and more as
it's cracking down on illegal immigration, as you know, attacking
Chicago and Los Angeles, and Trump had said, and we're
going to go after every other city where crime is
out of control. Of course, they're all blue cities, and
(01:29):
the military already includes troops patrolling the.
Speaker 2 (01:32):
US Mexico border.
Speaker 1 (01:34):
National Guard members being sent to US cities to support
immigration enforcement efforts, housing people on military bases to.
Speaker 2 (01:46):
Keep the detainees in.
Speaker 1 (01:49):
Basically in one place, right to house them, and using
military aircraft to carry out deportation. Now Here is where
it gets interesting. The administration's focus on illegal immigration, and
that seems to be the end all be all they're
dealing with. We're talking about the immigration system, the court
(02:11):
SimK system, the immigration court system. There is a backlog
of three point five million cases. So Pete heggsith is
saying the army will come in, I will do this,
and they will temporarily serve as immigration judges. Now, a
couple of things are happening. First of all, more than
(02:33):
one hundred immigration judges have been fired or they've left
voluntarily after taking deferred resignations that were offered by the
Trump administration. That's for starters, so they're down one hundred.
But Pete Heggs that has approved six hundred to come in.
The thing that's interesting about when you talk about immigration judges,
(02:54):
they are not independent judges.
Speaker 2 (02:56):
They work for the government.
Speaker 1 (02:58):
They usually the ju This shary is completely independent.
Speaker 2 (03:03):
Nope.
Speaker 1 (03:03):
Not in the case of immigration judges, or even in
the case of SEC judges.
Speaker 2 (03:08):
Hearing officers in front of the that.
Speaker 1 (03:12):
Control and do hearings in sec s carryous change commission
cases are not independent.
Speaker 2 (03:20):
So is this off base? You know, I don't know.
Speaker 1 (03:23):
I've never heard about it before. But you know, you
don't know what this administration is going to do. One
thing I guarantee you what it is doing, has done
and will continue to do, is stretch the limits of
presidential power as far as it can possibly go, and
in many cases the.
Speaker 2 (03:40):
Court has upheld it.
Speaker 1 (03:42):
There's a lot of recent wins by the Trump administration. Now,
will this be a taxed legally, Probably not, because I
think that the Defense Secretary excuse me, Secretary of War
has the ability to do that. But we'll see at
the lawsuits yet, and there'll be plenty of them. Okay,
(04:03):
let's take some phone calls.
Speaker 2 (04:05):
Hey, Jennet, welcome to handle on the law. What can
I do for you?
Speaker 3 (04:09):
Hi, Bill, thanks for taking my call. I live in
the County of Orange, city of Huntington Beach. We just
had a new retaining wall put up behind my back fence.
I have a seven foot block wall fence. There's a
thirty five foot easement between my wall and the new
retaining wall. They built it up from the drainings that
used to be there. They put it under house.
Speaker 1 (04:28):
That's the city and that's the county is building that wall. Correct, correct, Okay,
I'm thirty five feet from your house.
Speaker 2 (04:34):
Okay, okay.
Speaker 3 (04:35):
So they built the eastman up so high after putting
this drainage in that when you're walking and behind the
fence there where the homeless will continue to go back there,
they are over five feet looking down into my yard
now because it's six foot up. It was about six
and a half feet up. I have a seven foot wall,
so you're above me looking into to my yard. And
(04:56):
we had an incident where the homeless were looking at
me when I was working in my yard. We had
a problem a month ago where a homeless person was
so drugged out of his mind he took my neighbor's
security camera, ripped it so hard I thought he ripped
it out of the ground. He broke the camera. I've
dealt with Octa on this homeless issue. I went to
my family person I've gone to. Yeah yeah, everybody keeps
(05:19):
pushing me off.
Speaker 2 (05:20):
They call, yeah, yeah, what a mess you've got. And
here's some of the problems.
Speaker 1 (05:23):
Okay, the county has the easemen, and they're allowed to
put in a drainage system because they have the easement
and as part of what they do, uh, and the
retaining wall engineered or for whatever reason they're putting in.
It makes no it makes sense unless it is completely
crazy and arbitrary.
Speaker 2 (05:43):
They're allowed to do that.
Speaker 1 (05:44):
Now, what they've done is put you in danger. That's
the only shot you have is arguing how dangerous it
is for you in terms of the homeless people that
are there staring down on your property. You know, that's
a tough one. I gotta tell you, you've just been screwed.
Speaker 2 (06:04):
Beyond screwed. And I don't know where you're going to
go with this.
Speaker 3 (06:06):
And I've been there for fifty years.
Speaker 2 (06:07):
And yeah, nobody cares.
Speaker 3 (06:09):
What about the fact if I go to the board
meetings for the County of Orange, I have documentations that
I was in laws for work around attorneys for a
lot of years and I kept great notes, so I
have pictures of videos of these people being back there.
Do you think it would help to go to the.
Speaker 1 (06:23):
Yeah, listen, anything, anything would help, and they could you know,
one of the things they could do is fence off
the area.
Speaker 3 (06:32):
Because well they keep putting up chain link fences and
at the end they put a chain lient gate. Well
that lasts for about about three days and they cut it.
And I went to the mayor's office, said, you know what,
they just carry bolt cutters around.
Speaker 1 (06:43):
Okay, but how about you know, you may ask you know,
it could be that they have to put a block
wall fence.
Speaker 3 (06:48):
That's what I would ask for.
Speaker 2 (06:50):
Okay.
Speaker 1 (06:50):
And you go to and you go to the Board
of supervisors, you go, this is untenable.
Speaker 2 (06:54):
This is untenable.
Speaker 1 (06:55):
Not only is it is my place uninhabitable. Also the
value of my property has just plummeted. No one's going
to buy it.
Speaker 2 (07:04):
It is now worth zero exactly. Yeah.
Speaker 3 (07:07):
What's the difference between the Board of supervisor is and
the county board?
Speaker 1 (07:10):
So I go to the I don't know, but the
Board of Supervisors controls virtually everything. The Board of Supervisors
is the controlling entity. They have the final say on anything. Yeah,
a county board is is a board that has been appointed,
usually by whatever official. The Board of Supervisors is the
elected officials that have control over the county.
Speaker 2 (07:32):
So anyway, I feel terrible for you, but you know.
Speaker 3 (07:35):
It's my call because I do we get an attorney
and spend money.
Speaker 2 (07:40):
I don't know if that's going to help you. You
know what, I don't know.
Speaker 1 (07:42):
I would first go in front of the Board of
supervisors or you're who's ever representing your district, and I.
Speaker 3 (07:49):
Went to Assembly doesn't do anything.
Speaker 1 (07:51):
This is not an assembly issue, this is not a
state issue. You want to go to the district, the
board of supervisors, or even the city city council people.
And but if it's a yeah, yeah, try city care.
If you're within the city of Huntington Beach, you go
to the city council. And if it's a county issue,
if it's a county built wall, then you're probably gonna
(08:13):
end up with a board of supervisors. And the only
thing I can tell you is I'm glad it's you
and not me. Yeah, that's that's the last thing that
I'm going.
Speaker 2 (08:21):
To share with you. This is handle on the law.
Welcome back, Handle on the law.
Speaker 1 (08:28):
Marginal legal advice, Mike Hello, Mike, welcome.
Speaker 2 (08:32):
To handle on the law.
Speaker 4 (08:34):
Yeah, I'll get right into it. I've spoken to you, Senior,
had dinner with.
Speaker 2 (08:38):
You many times.
Speaker 4 (08:39):
Okay, this is about I took the bar exam in
February and it was the first time they had a
new laptop remote you could take it at home and
over the Wi Fi the internet would passwords, and the
disconnect and the delays and the loss of data and
(09:03):
the loss of the functions were so terrible they made
and I didn't pass it because of all the challenges
and the lack of the continuity of you know, being
able to take it uninterrupted for.
Speaker 1 (09:19):
The Let me ask you, was it only your Internet
connection or was this universal?
Speaker 5 (09:29):
No, this was universal.
Speaker 4 (09:30):
This was the State Bar has already gone to the
California Supreme Court and the Supreme Court ruled it was
a faux pas and to fix it.
Speaker 1 (09:40):
Yeah, I don't know what they're going to do because
you didn't pass the bar, and do they automatically get
everybody who then took it a pass on the bar.
I think what happened is you get to take it again.
And that's that's my understanding, and that's what the State Bar.
Speaker 2 (09:59):
Is going to do.
Speaker 1 (10:00):
I don't know what else they can do, and I
don't want to know what the Sport Court has done.
Speaker 2 (10:04):
Yeah, go ahead, Mike.
Speaker 4 (10:07):
Well, they did say that for those who got close
or reread, they they they passed. And then the ones
that took the performance part of the bar exam, the
part where you do the practical exercise, they let everybody
pass that section by imputation.
Speaker 2 (10:28):
They call it all right.
Speaker 1 (10:30):
So let me ask you how did that get through?
How did that get through? And the other part did not?
When it was a universal problem with the internet.
Speaker 4 (10:40):
They they recognized that everybody had complained about when you
did the laptop you didn't get a hard copy of
the tests. You didn't get notes of pencil and paper.
You had to sit at a desk with your camera
on and they looked at you and you had to
(11:00):
toggle back and forth on your laptop computer screen from
the question, then to your answer sheet and then to
a notes sheet. Well, that function didn't work, and there
were so many people that never even.
Speaker 5 (11:14):
Were I understand that.
Speaker 2 (11:16):
I got that. I got that.
Speaker 1 (11:18):
But there what part did work where they can ascertain
that if enough people passed one part and fail the
other part, it's a pass so what part did work?
Speaker 4 (11:30):
They they they have the essay and the multiple Troy
got estions.
Speaker 1 (11:35):
Okay, so with it, okay, okay, So with that, with that,
you get a reread and if you're close, they're going
to give it to you.
Speaker 2 (11:46):
So now you don't know what's a reread or not.
Speaker 1 (11:49):
I never got the test back to see what I
did and didn't do. And there's you know, I mean,
you get when their numbers are close enough, they do
a reread anyway, if you're just one point or two
points below. So I'm assuming that you didn't pass the
bar because you didn't make that number. You weren't high
(12:10):
enough up. I mean, what else could it be?
Speaker 2 (12:13):
Mike.
Speaker 4 (12:15):
So here's my twist, And I called you back in
two thousand and three. I came back from Afghanistan, the
people trying to blow us up and kill us way
back then, and I ended up with a pretty bad
case of PTSD. They gave me special accommodations at the bar.
But here's the very pointed, narrow question. They said they
(12:38):
will consider great adjustments for other considerations. So when you
have PTSD, they give you special accommodations instead of a
two day exam, they give you a four day exam.
But the reason why they give you the four days
is because you're busy. You know, I'm busy with flashbacks
(12:58):
in this in this stressful situation.
Speaker 5 (13:01):
Okay, now all right?
Speaker 4 (13:02):
The disconnections on top make it three times? Is stress
almost like PTSD from the bar compounded on top of.
Speaker 2 (13:11):
Yeah, I get it, I get it. Mike, let me
but Mike, let me ask you.
Speaker 1 (13:16):
It's so subjective when you talk about PTSD and how
it affects you, and how it affects you taking the
bar that they gave you, the accommodation that they do,
and you still didn't pass the bar. So what what
do you what do you want? Do you want them
to say you passed the bar even though you didn't
(13:38):
make the number, even with the accommodations.
Speaker 2 (13:41):
I don't know where you're going with at.
Speaker 4 (13:44):
Well, that's why I was asking you what.
Speaker 1 (13:46):
I don't think no, I would be I would be shocked.
But you can ask you can ask the state bar.
I mean, you still have to make the number under
any circumstances.
Speaker 2 (13:57):
Justin Hello, justin welcome, Hey, how's it?
Speaker 6 (14:01):
Go ahead?
Speaker 2 (14:01):
And yes, go ahead.
Speaker 7 (14:03):
So I'm renting an apartment complex and for the past
six seven months, they really haven't fixed anything. In the
very beginning of us renting it, the apartment wasn't ready
and they said that it was going to be, you know,
moving ready, which it wasn't. We had a weight h
like postpone our moving date a date.
Speaker 8 (14:25):
Because just one day?
Speaker 2 (14:27):
One day?
Speaker 1 (14:27):
Okay, what did it cost you to wait that extra day?
In terms of moving? Was there additional storage you had
to play?
Speaker 2 (14:35):
Pay?
Speaker 1 (14:35):
If you have a moving company, what what dollars did
it cost you for that one day's delay?
Speaker 8 (14:42):
Uh?
Speaker 7 (14:43):
I see what you're I see what you're saying. Well,
I guess let me change my question. Then there's multiple
things that are broken in the house.
Speaker 2 (14:51):
That I got it, I got it, and all right,
that's easy.
Speaker 1 (14:54):
Uh. And they said moving ready and then you move up.
First of all, you stopped with the rent. How to
go upon and like you stop renting, you stop paying
for the rent and you stay put. Now when you
say there's multiple things wrong, what does that mean?
Speaker 7 (15:09):
Like the something with electrical Since we moved in, we've
been telling them about the electrical for the stove. All right,
we had it. My sister bakes, she does like you know, cookies.
Speaker 2 (15:19):
Okay.
Speaker 1 (15:20):
So okay, so the stuff. Forget about your sister baking.
I mean, that's not real damages. But the fact that
your stove is I was.
Speaker 7 (15:25):
Going to get to the point. Yeah, so she turned
it on to warm it up, and after a while
it started just leaking gas.
Speaker 2 (15:36):
Okay, so the air and that's an that's an easy fix.
Speaker 1 (15:39):
So let me ask you this, okay, because that's one
of those at the law would say, just fix it
and conduct that from the rent. Come on, how as
much as it cost, I cost you a hundred bucks staff,
someone come out, you have the utility come out. They
don't charge you for coming out, so that one is
kind of easy. I still wouldn't pay the rent for
those days after you've demanded. Have you demanded that they
(15:59):
repair in writing or via email?
Speaker 6 (16:04):
Yeah?
Speaker 2 (16:04):
Okay, So have you demanded again that they fix.
Speaker 7 (16:09):
It multiple times?
Speaker 2 (16:12):
Okay? That's easy?
Speaker 1 (16:13):
All right? Fine, Then what you do is you let
them know you're withholding rent until that is all fixed. Obviously,
you send the copies of the demands with you, and
then say we'll see you in court because we're paying
the rent and you are not giving us what you
have promised. Us. Our contract says, or you said move
(16:34):
in ready, and there is nothing, nothing that was ready,
And they.
Speaker 2 (16:38):
Go, well, it doesn't it say move in ready?
Speaker 1 (16:41):
And your argument isn't what who rents a place that's
not ready to rent?
Speaker 2 (16:47):
So I think you do that.
Speaker 1 (16:49):
You just make that demand withhold the rent and they're
going to sue you for non payment of rent. And
here's your defense, and or you negosha because you may,
depending on who it is, you may end up in
court where they do an unlawful detainer, you know, three
day notice, pay rent or quit, which is the first step,
(17:11):
and then you go no, thank you. So that's the
way it works. This is Handle on the Law.
Speaker 4 (17:21):
You're listening to Bill Handle on Demand from kf I
A M six forty.
Speaker 1 (17:27):
Welcome back margin Legal Advice, where I tell you you
have no case.
Speaker 2 (17:35):
Victor, Hello, Hello Victor. Hello, Hi, yes, sir.
Speaker 6 (17:43):
Yeah, last year I've another contraction.
Speaker 9 (17:46):
In my home.
Speaker 2 (17:47):
It was Victor. You're not you're not Victor. You're not
on a speakerphone, are you?
Speaker 10 (17:54):
I am.
Speaker 2 (17:55):
I'm just we don't do that. We don't. We don't
put me on a speakerphone.
Speaker 8 (18:00):
Yes, yes, sorry about okay?
Speaker 2 (18:03):
Right worded? Great recording. Okay, what can I do for you?
Speaker 8 (18:10):
I ordered it by fifteen for fifteen windows form the
HO depots. Was the last year. In November, one side
become a wrong size and the costume by eighty seven
hundred dollars. A month later, they send me the new
one or I called back to my contractor, so we'll
(18:31):
install a window again? So do I have a case?
Take them to HUD the small Claim code for a mistake?
They don't.
Speaker 2 (18:38):
Okay, hang on, did you pay eighty seven hundred dollars extra.
Speaker 8 (18:44):
Extra for connect it's to the stall? A month later?
Contractor come back and how many?
Speaker 2 (18:51):
How many?
Speaker 1 (18:51):
How many windows were installed? The contractor? How many windows
were replaced and installed?
Speaker 8 (18:59):
I ordered by fifteen windows from depot?
Speaker 1 (19:03):
I understand, I got that, and how many of them
were wrong that had to be reinstalled?
Speaker 8 (19:08):
One of them?
Speaker 6 (19:09):
One?
Speaker 1 (19:09):
And the contractor charged you eighty seven hundred dollars to
install one window?
Speaker 8 (19:16):
Correct?
Speaker 5 (19:17):
Oh?
Speaker 1 (19:18):
Okay, Well that's going to be an interesting lawsuit because
if I'm the judge, I'm gonna go victor eighty seven
hundred dollars to install one window.
Speaker 2 (19:29):
Uh that's that's interesting. Uh did you pay him? Maybe
seven hundred dollars.
Speaker 8 (19:35):
Sure, that's including the stocks.
Speaker 1 (19:39):
I get it. Okay, all right, all right, okay, I
just thought I just thought they I just thought they
were a little bit off, but clearly off enough where
they had to restucko it.
Speaker 2 (19:48):
Can you see home Depot?
Speaker 1 (19:50):
Sure I would sue Home Depot because they're the ones
that referred them. Now as an independent contractor, Home Depot
does not install windows. But no, they referred you to
a contractor that is on their list of approved contractors.
Speaker 8 (20:10):
No, I checked my own contractors were still.
Speaker 2 (20:12):
Okay, and you want to and you okay, then that's
a tough one.
Speaker 1 (20:19):
So you just bought the windows from home Depot and uh,
they gave you the wrong windows. Right, well, let me okay,
let me ask you this, okay, Uh, fourteen of the
windows were properly installed.
Speaker 2 (20:32):
How much did you pay for those to be installed?
Speaker 8 (20:36):
It costs me in the promim me by thirty five thousand.
Speaker 1 (20:39):
How much should it cost you to install fourteen of
the fifteen windows?
Speaker 8 (20:44):
By thirty five thousand?
Speaker 2 (20:48):
Okay? So how much were the windows?
Speaker 1 (20:51):
Uh?
Speaker 8 (20:53):
The reason that I'm saying eighty seven hundred dollars eighty
seven because of the contractor came back.
Speaker 2 (21:00):
No, I understand, No, I understand, I understand.
Speaker 1 (21:03):
So you paid thirty five thousand dollars for the windows
and the installation was free, is what you're saying.
Speaker 8 (21:10):
No, I think it takes five thousand for installing the
fourteen windows.
Speaker 2 (21:13):
Okay, okay, but.
Speaker 1 (21:14):
You bought Okay, hang on, but you bought the windows
from home depot yourself right?
Speaker 8 (21:21):
Correct?
Speaker 2 (21:22):
Okay? How much can you differentiate?
Speaker 1 (21:24):
Can how much can you separate out the cost of
the windows from the cost of the labor to install
the windows?
Speaker 8 (21:33):
I can't make you make a calculation that calculation, but that.
Speaker 2 (21:40):
It should be.
Speaker 1 (21:44):
Victory, should be crystal clear because you don't pay tax
on the labor. You pay tax on the windows when
you buy windows to be installed.
Speaker 2 (21:53):
So how much were the windows?
Speaker 8 (21:57):
But the windows we never cost you? By twenty to
almost thirty five dollars twenty five thousand dollars for purchase
of windows twenty five okay, so it was all right?
Speaker 1 (22:07):
So it was ten thousand dollars to install fourteen of
them and eighty seven hundred dollars to install to reinstall one.
Speaker 10 (22:18):
Westall that they're wrong one they send me this, So
that cost you that cost you eighty seven hundred dollars,
where all the other windows cost you ten thousand dollars
to install, the other whole.
Speaker 8 (22:29):
Other windows costing by thirty five thousand to install it.
Speaker 2 (22:33):
No, so that means you got the windows for free. Okay. Picture,
It's been a pleasure talking to you. I don't know
why I went through that. George, welcome to handle on
the law.
Speaker 9 (22:48):
All right, Bill, My wife was leaving the Walmart parking
lot and a woman backed into her and did a
little damage by the by.
Speaker 5 (22:59):
The front door and send her probably a couple thousand
dollars worth, but at any rate, she send pictures to
her to that woman's insurance company, and I want to know. Oh,
and then she's been having physical therapy for her neck. Okay,
and a little emotional Yeah, emotional doesn't care.
Speaker 1 (23:23):
You can you can kiss away any emotional damage on that.
It's simply how much physical theory repairing the car? Did
they repair the car ready?
Speaker 2 (23:31):
George? No?
Speaker 1 (23:32):
All right, I'm just trying to think how much you
said a couple thousand dollars and you made a demand
for them repair the car.
Speaker 5 (23:43):
Oh yeah, they're going to repair the car.
Speaker 1 (23:45):
Okay, So now you're only talking. Okay, So that they've
accepted liability, that's no problem. So now the issue is
the physical therapy and her physical injuries. How long has
she been in physical therapy? And I'm assuming it's only
soft tissue damage or not bones broke or anything like that.
Speaker 2 (24:00):
It's all just you know.
Speaker 1 (24:02):
And by the way, I don't want to minimize it,
because you can get pretty serious soft tissue injuries.
Speaker 2 (24:07):
How long has she been in physical therapy?
Speaker 5 (24:11):
Oh? About three weeks maybe?
Speaker 2 (24:12):
Okay, all right, how long is she going to be
in physical therapy?
Speaker 5 (24:17):
I don't think she wants to go to it anymore.
Speaker 1 (24:20):
Well, okay, so three weeks worth of physical therapy and
then she stops. So it's predicated on her medical bills.
That's how they determine, because there's no other way to
determine what the damages are. Some people just take a
couple of aspirin and go home, and it depends on
your doctor. I'm a member of Kaiser, and if I
(24:40):
go in with soft tissue industry to go here some aspirin,
go home and we'll talk about it later. Where if
you go to a personal injury lawyer, they're going to
send you to the doctors who specialize in this, and
you'll get be treated up the ying Yang. The problem is,
is the value of a soft tissue injury based on
medical damages or medical costs?
Speaker 2 (25:02):
How much money have has she spent on her physical therapy?
Speaker 5 (25:10):
Nothing? I don't think she's paid of anything.
Speaker 2 (25:14):
So who's paying for the who's paying for it?
Speaker 5 (25:18):
I guess a woman that there's insurance.
Speaker 1 (25:21):
They're paying for it. Okay, So where are the damages?
The car is going to be fixed, medical bills are covered.
Now there is pain and suffering, but you know what
the insurance company is going to offer you nothing or
three hundred dollars. Maybe there are no damages there, George,
car fixed, medical bills paid for, and then all you
have left is pain and suffering, and pain and suffering
(25:43):
for what three weeks? I mean, there's something there, but
it's going to be a few hundred bucks and that's it.
And no lawyer is going to take it because there's
no money there. And the unfortunate part, and the unfortunate part, George,
is that your wife could have really suffered and her
(26:03):
neck is really screwed up.
Speaker 2 (26:04):
Although if you stop physical therapy and if it really
screwed up. You go to a doctor. You know it's
that's clear.
Speaker 1 (26:12):
But there's no way for the insurance company to know
that she is dying suffering and someone else is you know,
same injury. It depends on your tolerance for pain. So
it's all pred getting on medical bills and what you have.
There is a few hundred or one thousand dollars, so
there ain't much there.
Speaker 2 (26:28):
Angie, Hello Angie.
Speaker 6 (26:31):
Hi Bill.
Speaker 1 (26:32):
My question is does a spouse automatically inherit everything? Okay, No,
not inherent unless there is a buil you no, I
know that. Not inherent. That's not the issue. If the
spouse has no will, then an inheritance does take place.
(26:54):
Now what is We have to start asking a couple
of questions. When you say everything, what is everything in
both of your names?
Speaker 8 (27:04):
Yeah?
Speaker 1 (27:04):
Okay, then it's yours because if it's in joint tenancy,
and that's the way most people do it, homes, et cetera.
It's all in joint tenancy, then you you get you
get it all, and there's nothing else to do. By
operation of law. All you do is file the death
certificate and it all becomes yours. The other thing is, yeah,
it's uh okay. And the other issue is are there
(27:29):
any children?
Speaker 9 (27:31):
Yeah, that was my next.
Speaker 2 (27:33):
Okay, all right if it's children.
Speaker 10 (27:36):
But okay, but it's but it's on only one side.
Speaker 1 (27:40):
It's it doesn't matter. It's his shows. Hold on, it's
his kid, his children we're talking about. He has his
children around.
Speaker 2 (27:48):
Right, right? Okay for those things in the marriage. Okay, Well,
here is.
Speaker 1 (27:55):
The law if he if he has separate property that
is not in both both of your names as joint tenants,
then there is inheritance that comes through. And it's called
an intest state in testacy, which basically means an inheritance
without a will, and that is spit split equally between
(28:15):
you and whatever kids are. So if he has three kids,
they share fifty percent and you get fifty percent. How
much money we talking about here, angie, Wow?
Speaker 7 (28:29):
Maybe fie hundred?
Speaker 8 (28:30):
I thought, okay, you.
Speaker 1 (28:31):
Know what it's worth to just talk to a trust
in a state lawyer because paperwork has to be filled out,
it has to be done correctly. And when you're talking
half a million dollars, you know that's enough money to
spend a couple of thousand with a trust and a
state lawyer no question.
Speaker 2 (28:48):
This is handle on the Law.
Speaker 1 (28:50):
Welcome back, Handle on the Law, Marginal legal advice. Gary, Hello, Gary, welcome, Yes,
welcome to handle on the wall.
Speaker 6 (29:00):
Yes, hi, Bill, Hey, I I went to dermatology for
a mose technique. I've had mos before, one other one.
Speaker 2 (29:07):
All right, we wait, what's what's what's it's moe's m
O s.
Speaker 6 (29:11):
M O h mo's it's uh, it's a they. What
they do is a they take a biopsy out of
your cheek. Take the lab, they say. I came back
to some basil. He said, well, we need to we
need to take a little more out. So when I
went back in for the most technique, he put a
three and slice on my cheek.
Speaker 4 (29:27):
Okay up, yeah, doug.
Speaker 6 (29:29):
He dug out a little bit, dug out a little
bit before the procedure. I said, how many times A
you're gonna check with the lab.
Speaker 8 (29:34):
He goes, oh, once or twice.
Speaker 6 (29:35):
He never once checked with lab. He dug a bunch
of suff Hold on.
Speaker 2 (29:38):
A minute, Hang on.
Speaker 1 (29:39):
He dug out your cheek without confirming that you had
basil cells that could go south on you. In other words,
he had he had no proof that uh that even
needed to do that based on what you're saying, Do
I get that right?
Speaker 6 (29:55):
Well, the original biopsy showed some basil, Okay, so that's
why I went for the most technique.
Speaker 2 (30:01):
Okay, Okay.
Speaker 6 (30:02):
When he did it, he was supposed to take a
little bit test, yeah, and keep coming back. Okay, get
it all.
Speaker 2 (30:07):
Well he never did that, okay.
Speaker 1 (30:09):
So okay, now we're talking about standard of care and
you have this big honkin scar on your face.
Speaker 2 (30:15):
Correct, correct, Okay, let's do this. How ugly are you
to begin with, Gary, because that has a lot.
Speaker 4 (30:21):
To do with it.
Speaker 6 (30:23):
It's when I went through the stitches fell out that night,
then the procedure the nurse did to patch me up.
She's a woner that actually I think pulled the stitches
out because she kept putting us called pressure bandage on it.
They couldn't stop bleeding, okay, and she kept pushing and pushing. Actually,
I mean I was taking stitches out fifteen days later
after they pulled, but was.
Speaker 2 (30:43):
Right in there. All right, Gary, let me go back
to the original question.
Speaker 1 (30:48):
How ugly I mean were you before this procedure, because
the more ugly you are, actually you're arguing that a
big honk and three in scar doesn't do a whole
lot to make you in terms of how you look,
because that is what happens with facial surgery.
Speaker 2 (31:05):
For example, a model who gets a scar on her
face that's.
Speaker 1 (31:11):
Worth millions and millions of dollars, whereas someone who is
inherent I'm not kidding either, someone who's inherently ugly is
not going to get anything near that kind of money,
which is why I asked if you were ugly or not.
But well, that's more of a joke, Gary, that's more
of a joke, even though that's true what I said
(31:31):
about the model, about the model part of it.
Speaker 2 (31:33):
So now you have to look at standard of care.
Speaker 1 (31:36):
If the standard of care is such that a second
biop see should be done under virtually all circumstances, then
there's a really good case for medical malpractice. Then on
top of that, you've got the actual surgery itself. Was
that botched or does that normally happen as a result
(31:58):
of these procedures?
Speaker 6 (32:00):
Either way, I well, I had a most before and
it was done properly, a little bit, cut a little bit,
and I said, if you can't tell it, this guy,
you could just open me up in this scrape and
then the leading wouldn't start bleeding, didn't Gary, Gary?
Speaker 1 (32:16):
Yeah, let me stop you right there. Based on what
you said, this looks like a case of medical malpractice. Uh,
And the questions that are going to be asked of
you are much deeper. They're going to get the lawyers
are going to get into the minutia here because of
all the scarring UH that takes place, that is considered
the most serious legally is facial scoring, because that you
(32:39):
really can't hide.
Speaker 2 (32:40):
I mean, something on your upper arm. You can throw
a sleeve on it. And let's say, in front of
a jury, I'm saying, hey, you can throw a sleeve
on there. Come on, big deal, facial scarring.
Speaker 6 (32:49):
It's a psychological thing, what I've gone through.
Speaker 2 (32:52):
Yeah, but have you gone to have you wait, have
you gone to a shrink?
Speaker 6 (32:56):
Well, well, I don't know what that would do.
Speaker 2 (33:00):
I'll tell you, Okay, I'll tell you. Okay, I'll tell
you what it would do.
Speaker 1 (33:03):
First of all, it might help you because you're talking
psychological damage. Also, if you're arguing psychological damage, you have
to prove psychological damage. You just can't say I'm screwed
up because oh, okay, your opinion, you're screwed up, all right,
thank you boy. You have all kinds of opinions that
are based on real science and real degrees. So it's
(33:24):
going to take you going to a shrink and dealing
with the shrink and have the shrink go up on
the witness stand or part of the settlement and say,
Gary is screwed up because of what happened. And here
is how serious he screwed up?
Speaker 2 (33:42):
Right, here's a I understand. Okay, okay, now what Gary?
What is that worth that it's pissed you off?
Speaker 1 (33:52):
Where the opposing side is going to go, Well, some
people would be pissed off, someone not. They need some
determin domination to figure out that you even have damages
in the pissed off department. That's a professional shrink. That's
a shrink that comes to the table. Yeah, good luck
to you.
Speaker 2 (34:09):
Yeah, And still the same question comes up. This is
Handle on the Law.
Speaker 4 (34:17):
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 This is Handle on
the Law where I give you marginal league advice until
you you have absolutely no case. Pete Heggsith. Hegsith is
the Defense Secretary. Actually he'll be the Secretary of War
(00:24):
because the President changed the name of that department. And
what he has done, and that's Pete Hegscith has approved
sending six hundred military lawyers to the Justice Department to
serve as temporary immigration judges.
Speaker 2 (00:41):
Now I can never have never heard of that happening.
Speaker 1 (00:44):
So the military will send groups of one hundred and
fifty lawyers at a time, both military and civilians, to
the Justice Department as soon as practicable. And of course
this is the administration's attempt and the administration's move to
get the entire immigration issue moving as quickly as possible
(01:06):
and deport as many illegal migrants. Okay, Now, the Trump
administration is turning to the military more and more as
it's cracking down on illegal immigration, as you know, attacking
Chicago and Los Angeles, and Trump had said, and we're
going to go after every other city where crime is
out of control. Of course, they're all blue cities, and
(01:29):
the military already includes troops patrolling the.
Speaker 2 (01:32):
US Mexico border.
Speaker 1 (01:34):
National Guard members being sent to US cities to support
immigration enforcement efforts, housing people on military bases to.
Speaker 2 (01:46):
Keep the detainees in.
Speaker 1 (01:49):
Basically in one place, right to house them, and using
military aircraft to carry out deportation. Now Here is where
it gets interesting. The administration's focus on illegal immigration, and
that seems to be the end all be all they're
dealing with. We're talking about the immigration system, the court
(02:11):
SimK system, the immigration court system. There is a backlog
of three point five million cases. So Pete heggsith is
saying the army will come in, I will do this,
and they will temporarily serve as immigration judges. Now, a
couple of things are happening. First of all, more than
(02:33):
one hundred immigration judges have been fired or they've left
voluntarily after taking deferred resignations that were offered by the
Trump administration. That's for starters, so they're down one hundred.
But Pete Heggs that has approved six hundred to come in.
The thing that's interesting about when you talk about immigration judges,
(02:54):
they are not independent judges.
Speaker 2 (02:56):
They work for the government.
Speaker 1 (02:58):
They usually the ju This shary is completely independent.
Speaker 2 (03:03):
Nope.
Speaker 1 (03:03):
Not in the case of immigration judges, or even in
the case of SEC judges.
Speaker 2 (03:08):
Hearing officers in front of the that.
Speaker 1 (03:12):
Control and do hearings in sec s carryous change commission
cases are not independent.
Speaker 2 (03:20):
So is this off base? You know, I don't know.
Speaker 1 (03:23):
I've never heard about it before. But you know, you
don't know what this administration is going to do. One
thing I guarantee you what it is doing, has done
and will continue to do, is stretch the limits of
presidential power as far as it can possibly go, and
in many cases the.
Speaker 2 (03:40):
Court has upheld it.
Speaker 1 (03:42):
There's a lot of recent wins by the Trump administration. Now,
will this be a taxed legally, Probably not, because I
think that the Defense Secretary excuse me, Secretary of War
has the ability to do that. But we'll see at
the lawsuits yet, and there'll be plenty of them. Okay,
(04:03):
let's take some phone calls.
Speaker 2 (04:05):
Hey, Jennet, welcome to handle on the law. What can
I do for you?
Speaker 3 (04:09):
Hi, Bill, thanks for taking my call. I live in
the County of Orange, city of Huntington Beach. We just
had a new retaining wall put up behind my back fence.
I have a seven foot block wall fence. There's a
thirty five foot easement between my wall and the new
retaining wall. They built it up from the drainings that
used to be there. They put it under house.
Speaker 1 (04:28):
That's the city and that's the county is building that wall. Correct, correct, Okay,
I'm thirty five feet from your house.
Speaker 2 (04:34):
Okay, okay.
Speaker 3 (04:35):
So they built the eastman up so high after putting
this drainage in that when you're walking and behind the
fence there where the homeless will continue to go back there,
they are over five feet looking down into my yard
now because it's six foot up. It was about six
and a half feet up. I have a seven foot wall,
so you're above me looking into to my yard. And
(04:56):
we had an incident where the homeless were looking at
me when I was working in my yard. We had
a problem a month ago where a homeless person was
so drugged out of his mind he took my neighbor's
security camera, ripped it so hard I thought he ripped
it out of the ground. He broke the camera. I've
dealt with Octa on this homeless issue. I went to
my family person I've gone to. Yeah yeah, everybody keeps
(05:19):
pushing me off.
Speaker 2 (05:20):
They call, yeah, yeah, what a mess you've got. And
here's some of the problems.
Speaker 1 (05:23):
Okay, the county has the easemen, and they're allowed to
put in a drainage system because they have the easement
and as part of what they do, uh, and the
retaining wall engineered or for whatever reason they're putting in.
It makes no it makes sense unless it is completely
crazy and arbitrary.
Speaker 2 (05:43):
They're allowed to do that.
Speaker 1 (05:44):
Now, what they've done is put you in danger. That's
the only shot you have is arguing how dangerous it
is for you in terms of the homeless people that
are there staring down on your property. You know, that's
a tough one. I gotta tell you, you've just been screwed.
Speaker 2 (06:04):
Beyond screwed. And I don't know where you're going to
go with this.
Speaker 3 (06:06):
And I've been there for fifty years.
Speaker 2 (06:07):
And yeah, nobody cares.
Speaker 3 (06:09):
What about the fact if I go to the board
meetings for the County of Orange, I have documentations that
I was in laws for work around attorneys for a
lot of years and I kept great notes, so I
have pictures of videos of these people being back there.
Do you think it would help to go to the.
Speaker 1 (06:23):
Yeah, listen, anything, anything would help, and they could you know,
one of the things they could do is fence off
the area.
Speaker 3 (06:32):
Because well they keep putting up chain link fences and
at the end they put a chain lient gate. Well
that lasts for about about three days and they cut it.
And I went to the mayor's office, said, you know what,
they just carry bolt cutters around.
Speaker 1 (06:43):
Okay, but how about you know, you may ask you know,
it could be that they have to put a block
wall fence.
Speaker 3 (06:48):
That's what I would ask for.
Speaker 2 (06:50):
Okay.
Speaker 1 (06:50):
And you go to and you go to the Board
of supervisors, you go, this is untenable.
Speaker 2 (06:54):
This is untenable.
Speaker 1 (06:55):
Not only is it is my place uninhabitable. Also the
value of my property has just plummeted. No one's going
to buy it.
Speaker 2 (07:04):
It is now worth zero exactly. Yeah.
Speaker 3 (07:07):
What's the difference between the Board of supervisor is and
the county board?
Speaker 1 (07:10):
So I go to the I don't know, but the
Board of Supervisors controls virtually everything. The Board of Supervisors
is the controlling entity. They have the final say on anything. Yeah,
a county board is is a board that has been appointed,
usually by whatever official. The Board of Supervisors is the
elected officials that have control over the county.
Speaker 2 (07:32):
So anyway, I feel terrible for you, but you know.
Speaker 3 (07:35):
It's my call because I do we get an attorney
and spend money.
Speaker 2 (07:40):
I don't know if that's going to help you. You
know what, I don't know.
Speaker 1 (07:42):
I would first go in front of the Board of
supervisors or you're who's ever representing your district, and I.
Speaker 3 (07:49):
Went to Assembly doesn't do anything.
Speaker 1 (07:51):
This is not an assembly issue, this is not a
state issue. You want to go to the district, the
board of supervisors, or even the city city council people.
And but if it's a yeah, yeah, try city care.
If you're within the city of Huntington Beach, you go
to the city council. And if it's a county issue,
if it's a county built wall, then you're probably gonna
(08:13):
end up with a board of supervisors. And the only
thing I can tell you is I'm glad it's you
and not me. Yeah, that's that's the last thing that
I'm going.
Speaker 2 (08:21):
To share with you. This is handle on the law.
Welcome back, Handle on the law.
Speaker 1 (08:28):
Marginal legal advice, Mike Hello, Mike, welcome.
Speaker 2 (08:32):
To handle on the law.
Speaker 4 (08:34):
Yeah, I'll get right into it. I've spoken to you, Senior,
had dinner with.
Speaker 2 (08:38):
You many times.
Speaker 4 (08:39):
Okay, this is about I took the bar exam in
February and it was the first time they had a
new laptop remote you could take it at home and
over the Wi Fi the internet would passwords, and the
disconnect and the delays and the loss of data and
(09:03):
the loss of the functions were so terrible they made
and I didn't pass it because of all the challenges
and the lack of the continuity of you know, being
able to take it uninterrupted for.
Speaker 1 (09:19):
The Let me ask you, was it only your Internet
connection or was this universal?
Speaker 5 (09:29):
No, this was universal.
Speaker 4 (09:30):
This was the State Bar has already gone to the
California Supreme Court and the Supreme Court ruled it was
a faux pas and to fix it.
Speaker 1 (09:40):
Yeah, I don't know what they're going to do because
you didn't pass the bar, and do they automatically get
everybody who then took it a pass on the bar.
I think what happened is you get to take it again.
And that's that's my understanding, and that's what the State Bar.
Speaker 2 (09:59):
Is going to do.
Speaker 1 (10:00):
I don't know what else they can do, and I
don't want to know what the Sport Court has done.
Speaker 2 (10:04):
Yeah, go ahead, Mike.
Speaker 4 (10:07):
Well, they did say that for those who got close
or reread, they they they passed. And then the ones
that took the performance part of the bar exam, the
part where you do the practical exercise, they let everybody
pass that section by imputation.
Speaker 2 (10:28):
They call it all right.
Speaker 1 (10:30):
So let me ask you how did that get through?
How did that get through? And the other part did not?
When it was a universal problem with the internet.
Speaker 4 (10:40):
They they recognized that everybody had complained about when you
did the laptop you didn't get a hard copy of
the tests. You didn't get notes of pencil and paper.
You had to sit at a desk with your camera
on and they looked at you and you had to
(11:00):
toggle back and forth on your laptop computer screen from
the question, then to your answer sheet and then to
a notes sheet. Well, that function didn't work, and there
were so many people that never even.
Speaker 5 (11:14):
Were I understand that.
Speaker 2 (11:16):
I got that. I got that.
Speaker 1 (11:18):
But there what part did work where they can ascertain
that if enough people passed one part and fail the
other part, it's a pass so what part did work?
Speaker 4 (11:30):
They they they have the essay and the multiple Troy
got estions.
Speaker 1 (11:35):
Okay, so with it, okay, okay, So with that, with that,
you get a reread and if you're close, they're going
to give it to you.
Speaker 2 (11:46):
So now you don't know what's a reread or not.
Speaker 1 (11:49):
I never got the test back to see what I
did and didn't do. And there's you know, I mean,
you get when their numbers are close enough, they do
a reread anyway, if you're just one point or two
points below. So I'm assuming that you didn't pass the
bar because you didn't make that number. You weren't high
(12:10):
enough up. I mean, what else could it be?
Speaker 2 (12:13):
Mike.
Speaker 4 (12:15):
So here's my twist, And I called you back in
two thousand and three. I came back from Afghanistan, the
people trying to blow us up and kill us way
back then, and I ended up with a pretty bad
case of PTSD. They gave me special accommodations at the bar.
But here's the very pointed, narrow question. They said they
(12:38):
will consider great adjustments for other considerations. So when you
have PTSD, they give you special accommodations instead of a
two day exam, they give you a four day exam.
But the reason why they give you the four days
is because you're busy. You know, I'm busy with flashbacks
(12:58):
in this in this stressful situation.
Speaker 5 (13:01):
Okay, now all right?
Speaker 4 (13:02):
The disconnections on top make it three times? Is stress
almost like PTSD from the bar compounded on top of.
Speaker 2 (13:11):
Yeah, I get it, I get it. Mike, let me
but Mike, let me ask you.
Speaker 1 (13:16):
It's so subjective when you talk about PTSD and how
it affects you, and how it affects you taking the
bar that they gave you, the accommodation that they do,
and you still didn't pass the bar. So what what
do you what do you want? Do you want them
to say you passed the bar even though you didn't
(13:38):
make the number, even with the accommodations.
Speaker 2 (13:41):
I don't know where you're going with at.
Speaker 4 (13:44):
Well, that's why I was asking you what.
Speaker 1 (13:46):
I don't think no, I would be I would be shocked.
But you can ask you can ask the state bar.
I mean, you still have to make the number under
any circumstances.
Speaker 2 (13:57):
Justin Hello, justin welcome, Hey, how's it?
Speaker 6 (14:01):
Go ahead?
Speaker 2 (14:01):
And yes, go ahead.
Speaker 7 (14:03):
So I'm renting an apartment complex and for the past
six seven months, they really haven't fixed anything. In the
very beginning of us renting it, the apartment wasn't ready
and they said that it was going to be, you know,
moving ready, which it wasn't. We had a weight h
like postpone our moving date a date.
Speaker 8 (14:25):
Because just one day?
Speaker 2 (14:27):
One day?
Speaker 1 (14:27):
Okay, what did it cost you to wait that extra day?
In terms of moving? Was there additional storage you had
to play?
Speaker 2 (14:35):
Pay?
Speaker 1 (14:35):
If you have a moving company, what what dollars did
it cost you for that one day's delay?
Speaker 8 (14:42):
Uh?
Speaker 7 (14:43):
I see what you're I see what you're saying. Well,
I guess let me change my question. Then there's multiple
things that are broken in the house.
Speaker 2 (14:51):
That I got it, I got it, and all right,
that's easy.
Speaker 1 (14:54):
Uh. And they said moving ready and then you move up.
First of all, you stopped with the rent. How to
go upon and like you stop renting, you stop paying
for the rent and you stay put. Now when you
say there's multiple things wrong, what does that mean?
Speaker 7 (15:09):
Like the something with electrical Since we moved in, we've
been telling them about the electrical for the stove. All right,
we had it. My sister bakes, she does like you know, cookies.
Speaker 2 (15:19):
Okay.
Speaker 1 (15:20):
So okay, so the stuff. Forget about your sister baking.
I mean, that's not real damages. But the fact that
your stove is I was.
Speaker 7 (15:25):
Going to get to the point. Yeah, so she turned
it on to warm it up, and after a while
it started just leaking gas.
Speaker 2 (15:36):
Okay, so the air and that's an that's an easy fix.
Speaker 1 (15:39):
So let me ask you this, okay, because that's one
of those at the law would say, just fix it
and conduct that from the rent. Come on, how as
much as it cost, I cost you a hundred bucks staff,
someone come out, you have the utility come out. They
don't charge you for coming out, so that one is
kind of easy. I still wouldn't pay the rent for
those days after you've demanded. Have you demanded that they
(15:59):
repair in writing or via email?
Speaker 6 (16:04):
Yeah?
Speaker 2 (16:04):
Okay, So have you demanded again that they fix.
Speaker 7 (16:09):
It multiple times?
Speaker 2 (16:12):
Okay? That's easy?
Speaker 1 (16:13):
All right? Fine, Then what you do is you let
them know you're withholding rent until that is all fixed. Obviously,
you send the copies of the demands with you, and
then say we'll see you in court because we're paying
the rent and you are not giving us what you
have promised. Us. Our contract says, or you said move
(16:34):
in ready, and there is nothing, nothing that was ready,
And they.
Speaker 2 (16:38):
Go, well, it doesn't it say move in ready?
Speaker 1 (16:41):
And your argument isn't what who rents a place that's
not ready to rent?
Speaker 2 (16:47):
So I think you do that.
Speaker 1 (16:49):
You just make that demand withhold the rent and they're
going to sue you for non payment of rent. And
here's your defense, and or you negosha because you may,
depending on who it is, you may end up in
court where they do an unlawful detainer, you know, three
day notice, pay rent or quit, which is the first step,
(17:11):
and then you go no, thank you. So that's the
way it works. This is Handle on the Law.
Speaker 4 (17:21):
You're listening to Bill Handle on Demand from kf I
A M six forty.
Speaker 1 (17:27):
Welcome back margin Legal Advice, where I tell you you
have no case.
Speaker 2 (17:35):
Victor, Hello, Hello Victor. Hello, Hi, yes, sir.
Speaker 6 (17:43):
Yeah, last year I've another contraction.
Speaker 9 (17:46):
In my home.
Speaker 2 (17:47):
It was Victor. You're not you're not Victor. You're not
on a speakerphone, are you?
Speaker 10 (17:54):
I am.
Speaker 2 (17:55):
I'm just we don't do that. We don't. We don't
put me on a speakerphone.
Speaker 8 (18:00):
Yes, yes, sorry about okay?
Speaker 2 (18:03):
Right worded? Great recording. Okay, what can I do for you?
Speaker 8 (18:10):
I ordered it by fifteen for fifteen windows form the
HO depots. Was the last year. In November, one side
become a wrong size and the costume by eighty seven
hundred dollars. A month later, they send me the new
one or I called back to my contractor, so we'll
(18:31):
install a window again? So do I have a case?
Take them to HUD the small Claim code for a mistake?
They don't.
Speaker 2 (18:38):
Okay, hang on, did you pay eighty seven hundred dollars extra.
Speaker 8 (18:44):
Extra for connect it's to the stall? A month later?
Contractor come back and how many?
Speaker 2 (18:51):
How many?
Speaker 1 (18:51):
How many windows were installed? The contractor? How many windows
were replaced and installed?
Speaker 8 (18:59):
I ordered by fifteen windows from depot?
Speaker 1 (19:03):
I understand, I got that, and how many of them
were wrong that had to be reinstalled?
Speaker 8 (19:08):
One of them?
Speaker 6 (19:09):
One?
Speaker 1 (19:09):
And the contractor charged you eighty seven hundred dollars to
install one window?
Speaker 8 (19:16):
Correct?
Speaker 5 (19:17):
Oh?
Speaker 1 (19:18):
Okay, Well that's going to be an interesting lawsuit because
if I'm the judge, I'm gonna go victor eighty seven
hundred dollars to install one window.
Speaker 2 (19:29):
Uh that's that's interesting. Uh did you pay him? Maybe
seven hundred dollars.
Speaker 8 (19:35):
Sure, that's including the stocks.
Speaker 1 (19:39):
I get it. Okay, all right, all right, okay, I
just thought I just thought they I just thought they
were a little bit off, but clearly off enough where
they had to restucko it.
Speaker 2 (19:48):
Can you see home Depot?
Speaker 1 (19:50):
Sure I would sue Home Depot because they're the ones
that referred them. Now as an independent contractor, Home Depot
does not install windows. But no, they referred you to
a contractor that is on their list of approved contractors.
Speaker 8 (20:10):
No, I checked my own contractors were still.
Speaker 2 (20:12):
Okay, and you want to and you okay, then that's
a tough one.
Speaker 1 (20:19):
So you just bought the windows from home Depot and uh,
they gave you the wrong windows. Right, well, let me okay,
let me ask you this, okay, Uh, fourteen of the
windows were properly installed.
Speaker 2 (20:32):
How much did you pay for those to be installed?
Speaker 8 (20:36):
It costs me in the promim me by thirty five thousand.
Speaker 1 (20:39):
How much should it cost you to install fourteen of
the fifteen windows?
Speaker 8 (20:44):
By thirty five thousand?
Speaker 2 (20:48):
Okay? So how much were the windows?
Speaker 1 (20:51):
Uh?
Speaker 8 (20:53):
The reason that I'm saying eighty seven hundred dollars eighty
seven because of the contractor came back.
Speaker 2 (21:00):
No, I understand, No, I understand, I understand.
Speaker 1 (21:03):
So you paid thirty five thousand dollars for the windows
and the installation was free, is what you're saying.
Speaker 8 (21:10):
No, I think it takes five thousand for installing the
fourteen windows.
Speaker 2 (21:13):
Okay, okay, but.
Speaker 1 (21:14):
You bought Okay, hang on, but you bought the windows
from home depot yourself right?
Speaker 8 (21:21):
Correct?
Speaker 2 (21:22):
Okay? How much can you differentiate?
Speaker 1 (21:24):
Can how much can you separate out the cost of
the windows from the cost of the labor to install
the windows?
Speaker 8 (21:33):
I can't make you make a calculation that calculation, but that.
Speaker 2 (21:40):
It should be.
Speaker 1 (21:44):
Victory, should be crystal clear because you don't pay tax
on the labor. You pay tax on the windows when
you buy windows to be installed.
Speaker 2 (21:53):
So how much were the windows?
Speaker 8 (21:57):
But the windows we never cost you? By twenty to
almost thirty five dollars twenty five thousand dollars for purchase
of windows twenty five okay, so it was all right?
Speaker 1 (22:07):
So it was ten thousand dollars to install fourteen of
them and eighty seven hundred dollars to install to reinstall one.
Speaker 10 (22:18):
Westall that they're wrong one they send me this, So
that cost you that cost you eighty seven hundred dollars,
where all the other windows cost you ten thousand dollars
to install, the other whole.
Speaker 8 (22:29):
Other windows costing by thirty five thousand to install it.
Speaker 2 (22:33):
No, so that means you got the windows for free. Okay. Picture,
It's been a pleasure talking to you. I don't know
why I went through that. George, welcome to handle on
the law.
Speaker 9 (22:48):
All right, Bill, My wife was leaving the Walmart parking
lot and a woman backed into her and did a
little damage by the by.
Speaker 5 (22:59):
The front door and send her probably a couple thousand
dollars worth, but at any rate, she send pictures to
her to that woman's insurance company, and I want to know. Oh,
and then she's been having physical therapy for her neck. Okay,
and a little emotional Yeah, emotional doesn't care.
Speaker 1 (23:23):
You can you can kiss away any emotional damage on that.
It's simply how much physical theory repairing the car? Did
they repair the car ready?
Speaker 2 (23:31):
George? No?
Speaker 1 (23:32):
All right, I'm just trying to think how much you
said a couple thousand dollars and you made a demand
for them repair the car.
Speaker 5 (23:43):
Oh yeah, they're going to repair the car.
Speaker 1 (23:45):
Okay, So now you're only talking. Okay, So that they've
accepted liability, that's no problem. So now the issue is
the physical therapy and her physical injuries. How long has
she been in physical therapy? And I'm assuming it's only
soft tissue damage or not bones broke or anything like that.
Speaker 2 (24:00):
It's all just you know.
Speaker 1 (24:02):
And by the way, I don't want to minimize it,
because you can get pretty serious soft tissue injuries.
Speaker 2 (24:07):
How long has she been in physical therapy?
Speaker 5 (24:11):
Oh? About three weeks maybe?
Speaker 2 (24:12):
Okay, all right, how long is she going to be
in physical therapy?
Speaker 5 (24:17):
I don't think she wants to go to it anymore.
Speaker 1 (24:20):
Well, okay, so three weeks worth of physical therapy and
then she stops. So it's predicated on her medical bills.
That's how they determine, because there's no other way to
determine what the damages are. Some people just take a
couple of aspirin and go home, and it depends on
your doctor. I'm a member of Kaiser, and if I
(24:40):
go in with soft tissue industry to go here some aspirin,
go home and we'll talk about it later. Where if
you go to a personal injury lawyer, they're going to
send you to the doctors who specialize in this, and
you'll get be treated up the ying Yang. The problem is,
is the value of a soft tissue injury based on
medical damages or medical costs?
Speaker 2 (25:02):
How much money have has she spent on her physical therapy?
Speaker 5 (25:10):
Nothing? I don't think she's paid of anything.
Speaker 2 (25:14):
So who's paying for the who's paying for it?
Speaker 5 (25:18):
I guess a woman that there's insurance.
Speaker 1 (25:21):
They're paying for it. Okay, So where are the damages?
The car is going to be fixed, medical bills are covered.
Now there is pain and suffering, but you know what
the insurance company is going to offer you nothing or
three hundred dollars. Maybe there are no damages there, George,
car fixed, medical bills paid for, and then all you
have left is pain and suffering, and pain and suffering
(25:43):
for what three weeks? I mean, there's something there, but
it's going to be a few hundred bucks and that's it.
And no lawyer is going to take it because there's
no money there. And the unfortunate part, and the unfortunate part, George,
is that your wife could have really suffered and her
(26:03):
neck is really screwed up.
Speaker 2 (26:04):
Although if you stop physical therapy and if it really
screwed up. You go to a doctor. You know it's
that's clear.
Speaker 1 (26:12):
But there's no way for the insurance company to know
that she is dying suffering and someone else is you know,
same injury. It depends on your tolerance for pain. So
it's all pred getting on medical bills and what you have.
There is a few hundred or one thousand dollars, so
there ain't much there.
Speaker 2 (26:28):
Angie, Hello Angie.
Speaker 6 (26:31):
Hi Bill.
Speaker 1 (26:32):
My question is does a spouse automatically inherit everything? Okay, No,
not inherent unless there is a buil you no, I
know that. Not inherent. That's not the issue. If the
spouse has no will, then an inheritance does take place.
(26:54):
Now what is We have to start asking a couple
of questions. When you say everything, what is everything in
both of your names?
Speaker 8 (27:04):
Yeah?
Speaker 1 (27:04):
Okay, then it's yours because if it's in joint tenancy,
and that's the way most people do it, homes, et cetera.
It's all in joint tenancy, then you you get you
get it all, and there's nothing else to do. By
operation of law. All you do is file the death
certificate and it all becomes yours. The other thing is, yeah,
it's uh okay. And the other issue is are there
(27:29):
any children?
Speaker 9 (27:31):
Yeah, that was my next.
Speaker 2 (27:33):
Okay, all right if it's children.
Speaker 10 (27:36):
But okay, but it's but it's on only one side.
Speaker 1 (27:40):
It's it doesn't matter. It's his shows. Hold on, it's
his kid, his children we're talking about. He has his
children around.
Speaker 2 (27:48):
Right, right? Okay for those things in the marriage. Okay, Well,
here is.
Speaker 1 (27:55):
The law if he if he has separate property that
is not in both both of your names as joint tenants,
then there is inheritance that comes through. And it's called
an intest state in testacy, which basically means an inheritance
without a will, and that is spit split equally between
(28:15):
you and whatever kids are. So if he has three kids,
they share fifty percent and you get fifty percent. How
much money we talking about here, angie, Wow?
Speaker 7 (28:29):
Maybe fie hundred?
Speaker 8 (28:30):
I thought, okay, you.
Speaker 1 (28:31):
Know what it's worth to just talk to a trust
in a state lawyer because paperwork has to be filled out,
it has to be done correctly. And when you're talking
half a million dollars, you know that's enough money to
spend a couple of thousand with a trust and a
state lawyer no question.
Speaker 2 (28:48):
This is handle on the Law.
Speaker 1 (28:50):
Welcome back, Handle on the Law, Marginal legal advice. Gary, Hello, Gary, welcome, Yes,
welcome to handle on the wall.
Speaker 6 (29:00):
Yes, hi, Bill, Hey, I I went to dermatology for
a mose technique. I've had mos before, one other one.
Speaker 2 (29:07):
All right, we wait, what's what's what's it's moe's m
O s.
Speaker 6 (29:11):
M O h mo's it's uh, it's a they. What
they do is a they take a biopsy out of
your cheek. Take the lab, they say. I came back
to some basil. He said, well, we need to we
need to take a little more out. So when I
went back in for the most technique, he put a
three and slice on my cheek.
Speaker 4 (29:27):
Okay up, yeah, doug.
Speaker 6 (29:29):
He dug out a little bit, dug out a little
bit before the procedure. I said, how many times A
you're gonna check with the lab.
Speaker 8 (29:34):
He goes, oh, once or twice.
Speaker 6 (29:35):
He never once checked with lab. He dug a bunch
of suff Hold on.
Speaker 2 (29:38):
A minute, Hang on.
Speaker 1 (29:39):
He dug out your cheek without confirming that you had
basil cells that could go south on you. In other words,
he had he had no proof that uh that even
needed to do that based on what you're saying, Do
I get that right?
Speaker 6 (29:55):
Well, the original biopsy showed some basil, Okay, so that's
why I went for the most technique.
Speaker 2 (30:01):
Okay, Okay.
Speaker 6 (30:02):
When he did it, he was supposed to take a
little bit test, yeah, and keep coming back. Okay, get
it all.
Speaker 2 (30:07):
Well he never did that, okay.
Speaker 1 (30:09):
So okay, now we're talking about standard of care and
you have this big honkin scar on your face.
Speaker 2 (30:15):
Correct, correct, Okay, let's do this. How ugly are you
to begin with, Gary, because that has a lot.
Speaker 4 (30:21):
To do with it.
Speaker 6 (30:23):
It's when I went through the stitches fell out that night,
then the procedure the nurse did to patch me up.
She's a woner that actually I think pulled the stitches
out because she kept putting us called pressure bandage on it.
They couldn't stop bleeding, okay, and she kept pushing and pushing. Actually,
I mean I was taking stitches out fifteen days later
after they pulled, but was.
Speaker 2 (30:43):
Right in there. All right, Gary, let me go back
to the original question.
Speaker 1 (30:48):
How ugly I mean were you before this procedure, because
the more ugly you are, actually you're arguing that a
big honk and three in scar doesn't do a whole
lot to make you in terms of how you look,
because that is what happens with facial surgery.
Speaker 2 (31:05):
For example, a model who gets a scar on her
face that's.
Speaker 1 (31:11):
Worth millions and millions of dollars, whereas someone who is
inherent I'm not kidding either, someone who's inherently ugly is
not going to get anything near that kind of money,
which is why I asked if you were ugly or not.
But well, that's more of a joke, Gary, that's more
of a joke, even though that's true what I said
(31:31):
about the model, about the model part of it.
Speaker 2 (31:33):
So now you have to look at standard of care.
Speaker 1 (31:36):
If the standard of care is such that a second
biop see should be done under virtually all circumstances, then
there's a really good case for medical malpractice. Then on
top of that, you've got the actual surgery itself. Was
that botched or does that normally happen as a result
(31:58):
of these procedures?
Speaker 6 (32:00):
Either way, I well, I had a most before and
it was done properly, a little bit, cut a little bit,
and I said, if you can't tell it, this guy,
you could just open me up in this scrape and
then the leading wouldn't start bleeding, didn't Gary, Gary?
Speaker 1 (32:16):
Yeah, let me stop you right there. Based on what
you said, this looks like a case of medical malpractice. Uh,
And the questions that are going to be asked of
you are much deeper. They're going to get the lawyers
are going to get into the minutia here because of
all the scarring UH that takes place, that is considered
the most serious legally is facial scoring, because that you
(32:39):
really can't hide.
Speaker 2 (32:40):
I mean, something on your upper arm. You can throw
a sleeve on it. And let's say, in front of
a jury, I'm saying, hey, you can throw a sleeve
on there. Come on, big deal, facial scarring.
Speaker 6 (32:49):
It's a psychological thing, what I've gone through.
Speaker 2 (32:52):
Yeah, but have you gone to have you wait, have
you gone to a shrink?
Speaker 6 (32:56):
Well, well, I don't know what that would do.
Speaker 2 (33:00):
I'll tell you, Okay, I'll tell you. Okay, I'll tell
you what it would do.
Speaker 1 (33:03):
First of all, it might help you because you're talking
psychological damage. Also, if you're arguing psychological damage, you have
to prove psychological damage. You just can't say I'm screwed
up because oh, okay, your opinion, you're screwed up, all right,
thank you boy. You have all kinds of opinions that
are based on real science and real degrees. So it's
(33:24):
going to take you going to a shrink and dealing
with the shrink and have the shrink go up on
the witness stand or part of the settlement and say,
Gary is screwed up because of what happened. And here
is how serious he screwed up?
Speaker 2 (33:42):
Right, here's a I understand. Okay, okay, now what Gary?
What is that worth that it's pissed you off?
Speaker 1 (33:52):
Where the opposing side is going to go, Well, some
people would be pissed off, someone not. They need some
determin domination to figure out that you even have damages
in the pissed off department. That's a professional shrink. That's
a shrink that comes to the table. Yeah, good luck
to you.
Speaker 2 (34:09):
Yeah, And still the same question comes up. This is
Handle on the Law.
Speaker 4 (34:17):
You're listening to Bill Handle on demand from KFI AM
six forty
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