Episode Transcript
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Speaker 1 (00:00):
You're listening.
Speaker 2 (00:01):
I am six forty the bill Handles show on demand
on the iHeartRadio FKFI AM six forty bill Handle.
Speaker 3 (00:12):
Here.
Speaker 1 (00:12):
It is a Saturday morning.
Speaker 2 (00:14):
One more hour to go for the Legal Show, and
then Rich Dumurrow comes in eleven to two with the
Tech Show, and then Neil Sebedra Fork Report. My buddy
Neil who works with me Monday through Friday and he's
the foody extraordinaire. So this afternoon two to five is
all things foods.
Speaker 1 (00:31):
Fun show. Now.
Speaker 2 (00:34):
Phone numbers top of the hour, best time to call
as always. Today today's actually been a little light.
Speaker 1 (00:40):
Sometimes we're jams, sometimes we're not.
Speaker 2 (00:43):
So the phone number here is eight hundred five two
zero one five three four, eight hundred five to two
zero one five three four. I go through these phone
calls pretty quickly because I have no patience. Have you
noticed that unless the story is really good, or unless
you are a moron and I'm not understanding anything that
you're saying and I'm trying to figure it out and
(01:07):
it's not working, and then I lose my patience and
then I think you're a moron. Switches to I think
I'm a moron. For having done this and listening. So
number eight hundred five two zero one five three four.
We're gonna get through it quickly. I'm gonna give you
this great, well not so great, but marginal legal advice.
We're gonna have a great time. Eight hundred five two
(01:29):
zero one five three four. This is handle on the law,
marginal legal advice, where I tell you you have no case.
California is known as the most liberal state in the
United States by a long shot, and the fight between
President Trump and California is gonna go on right through
(01:49):
the end of the end of Trump's term.
Speaker 1 (01:53):
I mean this.
Speaker 2 (01:53):
I think there have already been twenty four or twenty
five lawsuits, and we're talking about the first four months
and there are four years to three and a half
years to go. So a bastion of conservatism is in
Orange County.
Speaker 1 (02:09):
Orange County is.
Speaker 2 (02:11):
A very conservative county in southern California. Although it is
now purple, it is no longer read because some Democrats
are moving in and it's about half and half.
Speaker 1 (02:20):
But the city of Huntington beach Man, that.
Speaker 2 (02:22):
Is the poster child of conservatism here in southern California.
And in March of twenty twenty four, fifty three percent
of Huntington Beach voters supported a charter amendment that says
that local officials may require photo ID for municipal.
Speaker 1 (02:44):
Elections starting in twenty twenty six.
Speaker 2 (02:49):
Well, State of California immediately sued, oh no, no, no, no,
no photo IDs because for some reason, there is an
argument among liberals slashmocrats that photo IDs somehow stop people
from voting, and it disenfranchises people because poor people can't
get IDs, and it's very, very difficult, and you have
(03:10):
to make it really easy for people to vote. And
anything that gets in the way, which I don't understand,
how about this, how about transportation?
Speaker 1 (03:18):
Really?
Speaker 2 (03:19):
How about knowing the address? Well they do it by mail.
What if you're homeless and you don't have an address.
Speaker 1 (03:24):
I mean, go on and on and on, but the
bottom line is State of California instantly appealed. You can't
do that. You can't ask for photo ID.
Speaker 2 (03:33):
It's an interesting story because last time I now vote
by mail, but the last time I voted, I would
go to the polling place right the location because I
like to vote physically. I like to feel the paper
and put in, you know, across the little x's and fill.
Speaker 1 (03:48):
In the little round tabs there.
Speaker 2 (03:51):
And I offered my ID to show who I am,
and they go, we don't want to see it. I said,
I want to prove to you that I am William Handle.
Speaker 1 (04:02):
Now we do not understand. Now, don't want to see it.
They wouldn't even look at.
Speaker 2 (04:06):
My ID to prove who I am. And Huntington b said,
that's a bunch of crapola. You know, you say you're
William Handle. We want to prove. We want proof that
you're William Handled to vote, because it's real simple American
citizens and you have to know what the hell who
you are. Improve it all right? Huntington Beach says, Nope,
you don't have to do it. State of California instantly
(04:29):
filed the lawsuit. The local judge, Orange County Superior Court
judge said that the state has not shown that a
voter ID requirement compromises the integrity of a municipal election.
Speaker 1 (04:43):
Ruled in favor of Huntington Beach.
Speaker 2 (04:48):
That's now on appeal, and we'll see what the appeals
court has to say. Oh my god, asking people to
actually prove who they are to vote. Oh okay, isn't
that special by Jim. Let's start with you welcome to
handle on the law.
Speaker 4 (05:05):
Hi.
Speaker 5 (05:06):
Yeah, I have a guy who works for me who's
constantly sending other people text messages off the clock that
are like f U things like that. I was just
wondering what kind of recourse an employer has, How.
Speaker 1 (05:26):
About firing him straight out? You're fired. I don't like
what you're doing, that's all. And then you can quote
the clock didn't matter. You can quote California law which says.
Speaker 2 (05:40):
I can fire you for any reason or no reason.
Speaker 1 (05:46):
That's the law.
Speaker 2 (05:47):
Now, there are a few exceptions, race, creed, religion, gender.
Speaker 1 (05:55):
Physical disability.
Speaker 2 (05:57):
So if he happened to be a Pacific islander who
is gay, in a wheelchair, is blind, and his trans
maybe you have a problem.
Speaker 1 (06:08):
And even then he's got to prove it that that's
why you fired him for that.
Speaker 2 (06:12):
So based on you don't like what he is doing,
even off the clock. You just don't like his personality,
you don't think the morale is bad, knowing that he
does that, every bit of that is reasonable.
Speaker 1 (06:24):
Fire is ass Jim.
Speaker 2 (06:26):
Just you know you're gone, Okay, got it, you got
you got you have the law in uh right there
in your pocket.
Speaker 1 (06:34):
It's on your side. Steve, Hi, Steve, welcome.
Speaker 6 (06:42):
Hi Jill, Steve san Diego, longtime listener. Hey, last week
my neighbors decided to put a light up on the
back of their house, which is uh like Dodger Stadium
in my yard. Now we got to keep the curtains closed.
A sleep at night, can't in the hota without being
blinded our solar lights.
Speaker 7 (07:02):
At the backyard.
Speaker 6 (07:04):
Just the atmosphere just disappeared. What can I do about it?
Speaker 1 (07:07):
Okay, two things you can do, all right? That I
have a pretty good answer for.
Speaker 2 (07:13):
Number One, what they are doing can be stopped because
they are interfering with your ability to live on your
property and simply enjoy your property.
Speaker 1 (07:26):
They're simply interfering with your lifestyle. It can't do that.
Speaker 2 (07:29):
You can't have excessive noise, for example. You can't have
lighting to the point where.
Speaker 1 (07:35):
It is so ridiculous.
Speaker 2 (07:36):
I mean, obviously you're allowed to light your own property,
but you can't do that where it affects your neighbors
to that extent.
Speaker 1 (07:45):
Sorry.
Speaker 2 (07:46):
So that means that if they don't stop it, you
send them a letter. You have a lawyer, maybe send
them a letter and that they're going to tell you
to go pound sand. Then you can file as for
a straining order. A judge will probably granted. And that's
a hassle.
Speaker 1 (08:04):
Okay.
Speaker 2 (08:04):
The other way that I think is far far more,
far far more effective by a bb gun.
Speaker 1 (08:16):
It's that simple. And do it at night, is the answer.
Speaker 3 (08:22):
You.
Speaker 1 (08:25):
Huh. See, I thought that was a good answer. See,
at some point, just gonna have to be practical, don't you.
Speaker 2 (08:34):
All right, let's take a break and we'll come back
and do plenty more of handle on the law.
Speaker 1 (08:41):
Say a fie handle here. It is a Saturday morning.
Speaker 2 (08:45):
Eight hundred five two zero one five three four. Eight
hundred five two zero one five three four is the
number to call, and we actually we're doing pretty good
right now, but we do have lines open, so feel free.
And at the end of the hour, I'll tell you
you how I'm going to continue on off the air
and still answer phone calls. And I do that really quickly.
(09:07):
All right, back we go more handle on the law. Hello, Nick,
you're right, welcome to the show.
Speaker 3 (09:14):
All right, thank you.
Speaker 8 (09:15):
I was ready. I was on a head on collision
with a do you a drunk driver and it's been
over a six months and the DA will not release
the police report, and I wonder if there's a logic.
Speaker 5 (09:30):
To that or advantage.
Speaker 2 (09:31):
Let me ask you, Nick, what do you need to
police report for.
Speaker 8 (09:37):
For the my lawyer, Well.
Speaker 1 (09:39):
Only one. He's gonna he's gonna sue anyway.
Speaker 2 (09:41):
I mean, he's not you know, the guy's not going
to deny that there, that it was ahead on. I'm
assumed did he get arrested, yes, all right, So I'm
just I'm just yeah, but what do you need it for?
Speaker 1 (09:56):
Think about this.
Speaker 2 (09:57):
Your lawyer wants it because it makes it easier for
your lawyer, Okay, but why do you think you need
a police report to prove something that is provable? And
right there it's been proved that it was a head
on and the guy was drunk.
Speaker 6 (10:11):
Well, we were trying not to go to court.
Speaker 8 (10:13):
We're trying to settle and trying to get more information,
and my passenger also died.
Speaker 1 (10:20):
In the in the oh man, that's all. Yeah, that's
a tough one. Okay.
Speaker 2 (10:24):
Uh, the DA can or does not have to release
on your schedule, and can say I don't want to
release it if the DA is going forward on it Uh,
and it's filed, you can pull Uh, you can certainly
pull the police record, the arrest record, all of that's available.
But you know, you can't force the DA to release
a piece of a you know, to release a document,
(10:45):
unless you subpoena. And I don't even know if you
can do that if the lawsuit's already been filed.
Speaker 1 (10:50):
I'm assuming, assuming a subpoena has been.
Speaker 3 (10:52):
Issued, and I'm assuming he's trying to get as much.
Speaker 1 (10:57):
No, I get that.
Speaker 5 (10:58):
No, I don't understand that.
Speaker 1 (10:59):
No, you want to get the evidence.
Speaker 2 (11:00):
But uh, from what I understand, all things being equal,
the DA is gonna do what he's gonna do at
his or her timeline. Doesn't matter what you say or
don't say. For example, telling a cop and you'd have
to arrest that person.
Speaker 8 (11:15):
No, I don't, right, And he has a court date
coming up at the end of this month, and I
can I go to it?
Speaker 1 (11:25):
And yes, yes, absolutely, go to it.
Speaker 9 (11:29):
Go to it.
Speaker 1 (11:30):
Sure, damn right, you go to it.
Speaker 8 (11:33):
I'm wondering why they're not asking me to be a witness.
Speaker 1 (11:36):
Or because you don't because they don't have to, because
they don't need you. Yeah, you know what, what what
good does it do.
Speaker 2 (11:44):
Yes, I was there. Well, of course you were there.
We have all the evidence, so it's not it's not
a big deal. But you know, wow, that must have
been a hell of an accident.
Speaker 1 (11:53):
This is a guy. I don't even know if the
insurance would cover it.
Speaker 2 (11:57):
Insurance may say if you get an accident with the
DUI not covering it.
Speaker 1 (12:01):
I don't know the answer to that.
Speaker 2 (12:03):
All right, that's a that's a real weird one. Well,
it's not weird, it's just that's what happens in the
world of the police and DA and enforcement of the law.
Speaker 1 (12:13):
Hi Anthony, Hi Anthony.
Speaker 7 (12:18):
Yeah, we had a recently dis journey this week from
a from my employer without reason. I was basically on
a job as a union contractor.
Speaker 8 (12:33):
For both Caltrans and Metro.
Speaker 10 (12:38):
In a bit of the verbal altercation with a quality
control the specter of over something that they did as
a safety violation.
Speaker 7 (12:48):
This happened less than twenty four hours after.
Speaker 6 (12:53):
The incident happened.
Speaker 7 (12:54):
Is do I have our con termination case?
Speaker 1 (12:57):
Okay?
Speaker 2 (12:59):
Yeah, not on its face, because you can be fired
for any reason you want.
Speaker 1 (13:04):
You know, your employer can go.
Speaker 2 (13:05):
I just don't like the way you look, Anthony, I
woke up this morning and I had a dream or
I went to a seance yesterday, and the person who's
running the seance looked at me and said.
Speaker 1 (13:15):
Hey, I will fire Anthony.
Speaker 2 (13:18):
Now if it is if you're part of a union
and now you have the collective bargaining agreement, then there
may be.
Speaker 1 (13:27):
They have to prove cause to let you go.
Speaker 2 (13:30):
So I think the only protection you're going to have
is the relationship your union has with that employer. That's
your protection. Legally, they can fire you for any reason
they want. Strangely enough, California is an at at will state,
and literally they can fire you. Other than if you're
a protected if you're a protected status, religion, race, you know, creed, gender,
(13:56):
all of that stuff, disability, they can't fire you for
those reasons. But let me give it to you worse
is what the Supreme Court said. Even if you can
prove that you were fired for one of those reasons
as part of the reason, the employer can come up
with any other reason and if it's reasonable, no discrimination lawsuit.
Speaker 1 (14:18):
So you're probably screwed unless there.
Speaker 2 (14:21):
Is an agreement, a collective bargaining agreement with the union.
If there is, you get the union rep involved. That's
what you do, all right. Let me tell you about
your business really quickly. AI Artificial intelligence is out there,
and if your business isn't using it, you are behind
the eight ball. You're probably losing money, probably losing productivity,
(14:42):
probably losing a competitive edge, and your competitors are probably
using AI. So let me suggest you look at the
folks at net suite, and what net Suite does is
run your business. Helps you run your business a lot
more efficiently, and you just have more time to do
your business business.
Speaker 1 (15:01):
Follow up, produce what you do.
Speaker 2 (15:04):
NetSuite is the number one cloud business management system out
there and it brings accounting and financial management inventory HR
into one efficient business suite.
Speaker 1 (15:14):
So let me.
Speaker 2 (15:16):
Suggest going to NetSuite dot com slash handle H A,
N D, E L and download the free CFOs guide
to AI and Machine Learning and see if NetSuite can
help your business. Obviously you're not paying, you're paying for that,
but it is a good way of seeing if they
can help you.
Speaker 1 (15:34):
It's fast, it is easy.
Speaker 2 (15:36):
It's at NetSuite as an office Suite's NetSuite dot com
slash handle NetSuite dot com slash handle.
Speaker 1 (15:44):
This is Handle on the Law. You're listening to Bill
Handle on demand from KFI a M six forty KFI.
Speaker 2 (15:54):
Handle here on a Saturday morning. Half an hour to
go until we'll we end of the show. At SD
the Morou shows up from eleven to two for the
Tech Show, and then Neil Sebaidra the Foodie Show, the
Folk Report. The number eight hundred five two zero one
five three four eight hundred five two zero one five
(16:16):
three four. This is Handle on the Law. Welcome back
Marginal Legal Advice.
Speaker 1 (16:25):
Tricia. Hello Tricia, Hi Bill.
Speaker 4 (16:29):
Yes, I'd like to find out if I have a
case about over a year ago, about a year and
a month ago, I tripped over an entrance walking into
a freestanding building, an office, private office, and I tripped
over the entrance bar and fell on my knee. Ever
since then, I've had trouble with my knee, and just
(16:51):
two weeks ago I had to go through the er
because I was an excruciating pain with the same knee obviously,
and so I ended up getting a s in my
knee because of the pains. I'm an also doctor, so
I'm just wondering if.
Speaker 1 (17:06):
I have a case you might what'd you trip over.
Speaker 4 (17:11):
The entrance bar at the bottom where it holds the door, Like, okay.
Speaker 2 (17:15):
The threat basically the threshold, right and what yeah, whatever
that little I get. It's it's a threshold, I think,
is what it is. And was it sticking way up?
Was it broken in some way or part of it
you you tripped on something sticking out?
Speaker 1 (17:32):
Or was it just yeah, well picking up?
Speaker 4 (17:35):
And you know it's an old building, so I'm just
wondering if it was. I wondered if I took pictures
of it, I was wondering.
Speaker 1 (17:42):
Okay, yeah, it's you know what I don't know. If
you have a case, you probably have a case.
Speaker 2 (17:47):
Now the issue is, I mean, I feel a lot
better legally if you lost your leg, you know, and
you call me, you go, bill, h, you know mid thigh,
my leg is gone.
Speaker 1 (17:58):
You think I have a case? I go, yeh.
Speaker 2 (17:59):
It's a better case than just getting a shot on
your knee. I'm going to suggest that see if you
have something there, and that is to call one of
the lawyers and handle on the law dot com. They
do personal injury. Don't know if you have one or not,
maybe depending on basically depending on how the damage is
(18:21):
and if you're talking about excruciating pain. A year later,
there may be some permitive stuff going on. You're still
within the statute of limitations, so you're okay on that one.
The only issue is going to be, let's say there
is a case they're going to say that whatever you're
experiencing in terms of pain really has nothing to do
with the injury that happened.
Speaker 1 (18:41):
It's something else.
Speaker 2 (18:42):
Believe me, you'll get doctors or they'll get doctors on
the other side that'll say there's nothing wrong with you,
which is why I always suggest and under these circumstances
you need a personal injury lawyer because they send you
to the doctors. Now, this is not we're not talking fraud.
What we're talking about is looking at the most concentsservative
approach within the law. In other words, these are not doctors.
(19:05):
Say I take a couple of aspirin and go home.
They go no, no, no, you need treatment, and you
do and you can take it one up to eight.
So go to the website, go to handle on the
law dot com to see if there's anything there.
Speaker 1 (19:16):
Al Hello, al, welcome.
Speaker 5 (19:19):
Hello sir.
Speaker 1 (19:20):
Yeah.
Speaker 11 (19:23):
Almost a year ago, on July fifth, early in the
morning after the fourth of July, I was coming home
from work and I got hit by three cars on
the freeway.
Speaker 1 (19:37):
Three cars.
Speaker 2 (19:38):
Faut Okay, explain to me how you got hit by
three cars.
Speaker 1 (19:43):
Give me the scenario here.
Speaker 11 (19:45):
The first car ramdo into the back of me. Okay,
we were going I was going at fifty five and
the first call ramd in to the back of me.
I spun out and then stop in the middle of
the freeway. About a minute later, a second car came
and hit me on the passenger side and then knocked
(20:12):
me into the h ob lane. And then the third
car came and hit me on the driver's side on
this got it?
Speaker 1 (20:24):
Got it? Okay? So and you were injured.
Speaker 11 (20:29):
Yes, sir, I had two broken ribs. I had had
contusions and my right knee, my right leg was busted up.
Speaker 1 (20:40):
Got it all right? So what what is your question? Now?
Speaker 11 (20:45):
My question is I obtained a long firm that is
supposed to be helping me with this, but it's been
almost a year now and there's still not will and
willing to make a settlement.
Speaker 2 (21:05):
Okay, it's I don't know if it's Hold on a minute, Okay,
let me let me go through it a little bit.
If it's not your law firm that's at fault for
not making the settlement, it's the other side. If there
is a delay, and it could. This could be very
complicated because you are talking about being hit by three
(21:28):
different cars, one of which is primarily at fault, and
the person who's primarily at fault is going to say,
your injury didn't happen because I hit you. Your injury
happened because the other two guys hit you, And the
other two guys are saying, oh no, it's because the
first guy now probably is the first guy out.
Speaker 1 (21:49):
But already it's complicated.
Speaker 2 (21:51):
Now you're talking about people pointing fingers at each other,
your damages are fine, and then they're talking to insurance companies.
Your lawyer is talking to insurance companies, and so this
is a complicated case and you have to find out
was a lawsuit filed. Because your lawyers may be doing
everything right, it doesn't seem to me a year later,
(22:14):
I mean it's it takes a while.
Speaker 1 (22:17):
That may seem a long time.
Speaker 2 (22:18):
But if you have insurance companies on the other side,
they're not willing to come to the table, and a
lot of them don't. Sometimes it takes the threat of litigation.
Sometimes it takes litigation. Al Okay, so your lawyers may
very well be doing a good job. Let me suggest
what you do on this one as and I normally
(22:40):
don't tell you to go to another lawyer, but I
am going to suggest you go to handle on the
Law dot Com and I'll tell you why. You tell
your story to the lawyers at handle on the Law
dot com, the company that I'm involved with.
Speaker 1 (22:53):
They are scrupulously honest.
Speaker 2 (22:56):
They will look into it al and will tell you
your lawyer is doing everything right and don't move, You're
in good shape.
Speaker 1 (23:05):
I don't know enough about the case.
Speaker 2 (23:06):
I'd have to read the file, so I don't know
enough about it, but they will look into it and say, yeah,
you're doing okay, your lawyer's right.
Speaker 1 (23:15):
Or you know what, maybe not.
Speaker 2 (23:17):
I mean, there's a good offer on the table. They're
really sloughing off. Don't know which way it is. But
if you go to the website, they're gonna give you
basically the truth. They're not there to do anything else,
otherwise I wouldn't be involved. These are good guys, they
really are, So go to handle on thelat dot com
try that out. But a year is not off base
(23:39):
with complicated cases, and it depends on how big the
policies are too. If the policies are small, if it's
fifteen thirty, you get the check immediately. I mean, they're
not gonna argue if you're sitting on one hundred thousand
dollars case and there's only thirty thousand dollars of insurance.
The thirty thousand dollars is written in two weeks. But
when it gets bigger than that and there's a lot
(23:59):
of applications.
Speaker 1 (24:01):
Yeah, yeah, Mike, Hello, Mike, welcome.
Speaker 12 (24:06):
Yeah, Hi Bell.
Speaker 1 (24:08):
A question.
Speaker 12 (24:08):
My ninety year old mother has racked up, unbeknownst to US,
fifty thousand dollars in credit card debt, and she's in
a reverse mortgage and she's living on Social Security. So
my question is should she file banks she wants to
file bankruptcy, Should she file bankruptcy or should she just
ignore the correspondence.
Speaker 2 (24:30):
I don't think she should ignore the correspondence because if
everybody knows that she has no money, the fact the
filing for bankruptcy has nothing to do with a reverse
mortgage at all, She's still goett to get her money.
Speaker 1 (24:44):
They still have this security.
Speaker 2 (24:45):
The issue is the fifty thousand dollars in credit card debt.
Speaker 1 (24:50):
Sort of up in the air on that one.
Speaker 2 (24:52):
The credit card debt disappears if she files for bankruptcy,
depending on when's the last time she used the credit card, if.
Speaker 1 (25:01):
She's used it up too recently. Yeah, she's used it recently.
Speaker 2 (25:05):
It's more complicated. I would talk to a bankruptcy attorney.
They're out there. Most of them will give you a
free consultation and just find out the ones that are
that give you. I mean, your mother's case is not
very complicated. I mean, bankruptcies can be really complicated. Yours
is really simple. Moms is really simple. And that is
shows a bunch of credit card debt and she can't
(25:26):
afford it, and now what do we do? Is it
worthwhile to fight to file for bankruptcy?
Speaker 1 (25:30):
And she's ninety years old?
Speaker 2 (25:33):
Yes, sir, Yeah, so she probably doesn't know what the
hell's going on anyway, right, Probably not yeah, probably not.
Speaker 12 (25:43):
Trouble.
Speaker 1 (25:44):
Oh yeah that way, yeah, I would just it's an
easy one.
Speaker 2 (25:47):
I think a bankruptcy attorney would give you advice and
say yes or no, and they're either way I don't
think they're going to be able to grab any part
of her house or do anything to her. It's just
cleaning it up, and I think that's where it's going
to go. At by the way, real quickly before we
take a break, quick suggestion about Zelman's minti mouth.
Speaker 1 (26:07):
You've been hearing me talk about this for months.
Speaker 2 (26:09):
The offer for Zelmans is a five pack and you
get a twenty percent off twenty percent discount if you
buy a five pack of Zelman's Capsules minty Coding. This
is about your bad or smelly breath. Cleans it up
for hours and hours. Suck on the minty coding, swallow
the capsules to bite into him goes to work in
your gut, and man, that does more than any other
(26:31):
product out there.
Speaker 1 (26:33):
So just go to Zelmans dot com. Z E L
M I N S.
Speaker 2 (26:36):
Zellman's dot com slash kfi Zelman's dot com slash kfi.
This is handle on the law Kfi handle here on
a Saturday morning, And just a quick word. This is
our last segment. And for those of you that are
on the phone and waiting, just hang loose.
Speaker 1 (26:56):
I will get to you right after the show. I
take phone calls off the air, and you go.
Speaker 2 (27:02):
Through them very quickly, as you can imagine, because there
are no breaks at all, and you can even call
in afterwards.
Speaker 1 (27:06):
And I'll tell you about that as I log out
and we've finished the show. Oh okay, welcome back. And
this is Handle on the Law and that is Mary.
Speaker 2 (27:18):
Hello, Mary, Hello, Mary?
Speaker 1 (27:22):
I will drafted?
Speaker 9 (27:25):
Can you can you hear me?
Speaker 1 (27:26):
Yeah? I can hear you. Yeah, you had a will drafted?
Go ahead, great?
Speaker 9 (27:31):
Yeah, about ten years ago, I lived in Pennsylvania, paid
a lawyer to do it. I now live in California.
My assets has changed, and I want to change the instructions.
I want to change one of the executors. And basically
the instructions are going to be sell everything and donated.
Speaker 4 (27:49):
Can I just do that online?
Speaker 9 (27:51):
Or do I need to pay a lawyer on thousands
of dollars?
Speaker 2 (27:54):
Well, it wouldn't be thousands of dollars. How much money
are you talking about? What are you talking about?
Speaker 1 (28:00):
What as that you're gonna leave? What are you gonna
leave the charity?
Speaker 9 (28:06):
I have a property to sell and then investments.
Speaker 1 (28:09):
Okay, how much money?
Speaker 9 (28:13):
Two and a half million?
Speaker 1 (28:14):
Oh, get a lawyer, Mary, Mary, that's a lot of money.
Speaker 2 (28:19):
Get a Yeah, I know you're cheap, but get a lawyer,
for God's sake.
Speaker 1 (28:23):
And by the way, it's not going to change much.
Speaker 2 (28:25):
All you're doing is changing the executor and you're changing
the beneficiary. So it's it's not gonna be thousands of dollars.
Maybe it'd be a thousand, but Mary is two and
a half million dollars, for God's sake, Really for one
thousand dollars, Just so the people you're cutting out or
the previous executor comes in and contests and say I
(28:46):
was the executor and Mary didn't know what she was doing,
and uh, there's a lot of money there, Mary. And
at some point you just go come on, uh yeah,
don't do it online.
Speaker 1 (28:56):
I mean you could, but you know why, you know why.
Speaker 2 (29:03):
I mean you basically you have a medical Uh you
have a medical condition that is serious enough that you
need a super specialist and you're talking about going to
a general physician. Go here, take care of it. No, no,
you so get a lawyer, please, And.
Speaker 1 (29:20):
It won't be that complicated, it really won't. Brent, Hi, Brent, welcome.
Speaker 3 (29:29):
Hello, how are you?
Speaker 1 (29:30):
Yes, yes, sir?
Speaker 3 (29:32):
All right, So we were on a vacation at a
resort vacation rental resort in Kawai And long story short,
my wife was taking my son out for a walker
in the morning four I am. It was dark, nothing lit.
She stepped over a ledge and fell about three feet
under the ground and she actually fractured fibula and her
foot in two places. Just want to know what your.
Speaker 2 (29:55):
Thoughts on if if it was not well lit, was
it a walkway that was not well lit?
Speaker 3 (30:02):
So my car was it was in the parking stall.
My wife was walking between the two cars to get
to the trunk as I backed in the car. So
when she stepped over the ledge, she thought there was grass,
but in fact it was a drainage ditch. No visibility.
Speaker 2 (30:17):
Ah, okay, yeah, I mean that's that's a case. Yeah,
I would think so, Brent. Uh, you know they're going
to argue liability. Your damages are a great shape. I
mean there's no question fracturing a bone. Did she end
up having surgery be any chance?
Speaker 9 (30:34):
No, it just got back on Monday.
Speaker 2 (30:36):
Okay, all right, so no surgery, which is unfortunate.
Speaker 1 (30:39):
Is she going to be able to keep her leg? Yes?
Speaker 12 (30:44):
Oh, also unfortunate, But she's on disability right now.
Speaker 1 (30:48):
Right, No, I understand.
Speaker 2 (30:49):
I mean she's pretty banged up and there there there
is a personal injury case there. Now the issue is
going to be liability. Okay, how much that fault? Were
they to me? If it's a place that's unlit and
there is a ditch there that you don't see and
you're getting out of the car where people would get
(31:10):
out of their car, I mean, it's not as if
she's out there and going to the corner of the
property and fall someplace. This is where people walk out
of their cars. Yeah, I think there's something there. So
you'd have to get a lawyer, probab Well, do.
Speaker 1 (31:26):
You get one here? To you get one in Hawaii?
You know what?
Speaker 2 (31:28):
Go to handle on the law dot com. Go to
the website and talk to one of the lawyers and
they'll tell you. You'll get some good advice there, whether
you do it here or there. But it sounds like
she has Yeah, sounds like she has a good case.
So give that a shot, all right. Sometimes sometimes people
have cases. Unfortunately. What can you do?
Speaker 1 (31:50):
Lisa Hi, Lisa.
Speaker 3 (31:53):
Hi.
Speaker 13 (31:54):
I have a dispute with my landlord hmm about our
security deposit. We moved out April sixth, and we had
a three thousand dollars security deposit and about six weeks
he didn't he didn't return the security deposit. We took
care of the home, and about six weeks later he
(32:14):
finally got us an invoice with all kinds of charges
that went beyond the security deposit.
Speaker 1 (32:24):
Okay, and your question.
Speaker 13 (32:26):
So, so my question is We've sent two certified letters
requesting the full the full amount back.
Speaker 1 (32:33):
He has ignored them.
Speaker 13 (32:35):
And I'm wondering if I can take him to small
claims for.
Speaker 2 (32:38):
Oh, yes you can, yes, you can, ye and has
no correct and he had I'm sorry.
Speaker 4 (32:46):
I can small claims for bad faith?
Speaker 12 (32:48):
Right, that's three.
Speaker 2 (32:49):
No, no, no, no, then no and just not bad faith.
I mean no one cares about bad faith. I mean
that just doesn't exist. Straight breach, all right, and and
failure to follow the law. The law is real simple
in California. He's got thirty days to give you an accounting,
thirty days to give you an accounting and return any
unused security deposit. Now he can manufacture all the charges
(33:15):
he wants and.
Speaker 1 (33:17):
Then you dispute it.
Speaker 2 (33:18):
If he has it within thirty days, then you have
a dispute with him. He doesn't do it within thirty days.
As you are pointing out that he went beyond there,
he has no defense, he can't bring it up. He
just loses.
Speaker 1 (33:31):
That's the law. Of course. You sew him in small
claims court.
Speaker 2 (33:34):
You sew him in small claims court, and for the
entire security deposit.
Speaker 1 (33:40):
Okay, you're gonna get it.
Speaker 2 (33:41):
Okay, right, I tell him and tell him you got
a second opinion.
Speaker 1 (33:45):
And my attorney thinks you're ugly too, okay, love it
all right? All right, there we go. We are done,
guys with the show.
Speaker 2 (33:54):
Just a quick word is I'm taking phone calls off
the air, free to call right now. And we do
have some minds open and it'll be I'll go through
them very very quickly.
Speaker 1 (34:06):
As you can imagine. Oh, before we do leave, let
me also tell you about chronic pain and chronic pain.
Speaker 2 (34:13):
This is my wife who has this podcast all about
chronic pain because she hurts. She hurts all the time
and it's not fun to see this. And what she
did to help herself is to help other people, and
that's the.
Speaker 1 (34:26):
Pain Game podcast.
Speaker 2 (34:27):
She talks about chronic pain, pain all the time, and
she hurts a lot, and boy is she a trooper.
Speaker 1 (34:32):
I just look at her and I wonder how great
she is.
Speaker 2 (34:35):
And so every episode on the Pain Game Podcast ends
with a message of hope. If you're suffering from chronic
pain or you know someone who is and the trauma involved,
this will be really helpful. It'll help you with the community,
it'll help you across the board understanding that you know
you can actually give pain purpose.
Speaker 1 (34:54):
I mean, that's so weird, but it does work that way.
Speaker 2 (34:57):
The Pain Game Podcast follow on social at the Pain
Game Podcast. Season three just started dropping the Pain Game Podcast.
Speaker 1 (35:05):
And I'm finishing up with I am.
Speaker 2 (35:07):
Taking calls right now off the air, and the number
is eight hundred five two zero one five three four.
Speaker 1 (35:14):
This is Handle on the Law. You've been listening to
the Bill Handle Show.
Speaker 2 (35:18):
Catch my show Monday through Friday six am to nine am,
and anytime on demand on the iHeartRadio app.
You're listening.
Speaker 2 (00:01):
I am six forty the bill Handles show on demand
on the iHeartRadio FKFI AM six forty bill Handle.
Speaker 3 (00:12):
Here.
Speaker 1 (00:12):
It is a Saturday morning.
Speaker 2 (00:14):
One more hour to go for the Legal Show, and
then Rich Dumurrow comes in eleven to two with the
Tech Show, and then Neil Sebedra Fork Report. My buddy
Neil who works with me Monday through Friday and he's
the foody extraordinaire. So this afternoon two to five is
all things foods.
Speaker 1 (00:31):
Fun show. Now.
Speaker 2 (00:34):
Phone numbers top of the hour, best time to call
as always. Today today's actually been a little light.
Speaker 1 (00:40):
Sometimes we're jams, sometimes we're not.
Speaker 2 (00:43):
So the phone number here is eight hundred five two
zero one five three four, eight hundred five to two
zero one five three four. I go through these phone
calls pretty quickly because I have no patience. Have you
noticed that unless the story is really good, or unless
you are a moron and I'm not understanding anything that
you're saying and I'm trying to figure it out and
(01:07):
it's not working, and then I lose my patience and
then I think you're a moron. Switches to I think
I'm a moron. For having done this and listening. So
number eight hundred five two zero one five three four.
We're gonna get through it quickly. I'm gonna give you
this great, well not so great, but marginal legal advice.
We're gonna have a great time. Eight hundred five two
(01:29):
zero one five three four. This is handle on the law,
marginal legal advice, where I tell you you have no case.
California is known as the most liberal state in the
United States by a long shot, and the fight between
President Trump and California is gonna go on right through
(01:49):
the end of the end of Trump's term.
Speaker 1 (01:53):
I mean this.
Speaker 2 (01:53):
I think there have already been twenty four or twenty
five lawsuits, and we're talking about the first four months
and there are four years to three and a half
years to go. So a bastion of conservatism is in
Orange County.
Speaker 1 (02:09):
Orange County is.
Speaker 2 (02:11):
A very conservative county in southern California. Although it is
now purple, it is no longer read because some Democrats
are moving in and it's about half and half.
Speaker 1 (02:20):
But the city of Huntington beach Man, that.
Speaker 2 (02:22):
Is the poster child of conservatism here in southern California.
And in March of twenty twenty four, fifty three percent
of Huntington Beach voters supported a charter amendment that says
that local officials may require photo ID for municipal.
Speaker 1 (02:44):
Elections starting in twenty twenty six.
Speaker 2 (02:49):
Well, State of California immediately sued, oh no, no, no, no,
no photo IDs because for some reason, there is an
argument among liberals slashmocrats that photo IDs somehow stop people
from voting, and it disenfranchises people because poor people can't
get IDs, and it's very, very difficult, and you have
(03:10):
to make it really easy for people to vote. And
anything that gets in the way, which I don't understand,
how about this, how about transportation?
Speaker 1 (03:18):
Really?
Speaker 2 (03:19):
How about knowing the address? Well they do it by mail.
What if you're homeless and you don't have an address.
Speaker 1 (03:24):
I mean, go on and on and on, but the
bottom line is State of California instantly appealed. You can't
do that. You can't ask for photo ID.
Speaker 2 (03:33):
It's an interesting story because last time I now vote
by mail, but the last time I voted, I would
go to the polling place right the location because I
like to vote physically. I like to feel the paper
and put in, you know, across the little x's and fill.
Speaker 1 (03:48):
In the little round tabs there.
Speaker 2 (03:51):
And I offered my ID to show who I am,
and they go, we don't want to see it. I said,
I want to prove to you that I am William Handle.
Speaker 1 (04:02):
Now we do not understand. Now, don't want to see it.
They wouldn't even look at.
Speaker 2 (04:06):
My ID to prove who I am. And Huntington b said,
that's a bunch of crapola. You know, you say you're
William Handle. We want to prove. We want proof that
you're William Handled to vote, because it's real simple American
citizens and you have to know what the hell who
you are. Improve it all right? Huntington Beach says, Nope,
you don't have to do it. State of California instantly
(04:29):
filed the lawsuit. The local judge, Orange County Superior Court
judge said that the state has not shown that a
voter ID requirement compromises the integrity of a municipal election.
Speaker 1 (04:43):
Ruled in favor of Huntington Beach.
Speaker 2 (04:48):
That's now on appeal, and we'll see what the appeals
court has to say. Oh my god, asking people to
actually prove who they are to vote. Oh okay, isn't
that special by Jim. Let's start with you welcome to
handle on the law.
Speaker 4 (05:05):
Hi.
Speaker 5 (05:06):
Yeah, I have a guy who works for me who's
constantly sending other people text messages off the clock that
are like f U things like that. I was just
wondering what kind of recourse an employer has, How.
Speaker 1 (05:26):
About firing him straight out? You're fired. I don't like
what you're doing, that's all. And then you can quote
the clock didn't matter. You can quote California law which says.
Speaker 2 (05:40):
I can fire you for any reason or no reason.
Speaker 1 (05:46):
That's the law.
Speaker 2 (05:47):
Now, there are a few exceptions, race, creed, religion, gender.
Speaker 1 (05:55):
Physical disability.
Speaker 2 (05:57):
So if he happened to be a Pacific islander who
is gay, in a wheelchair, is blind, and his trans
maybe you have a problem.
Speaker 1 (06:08):
And even then he's got to prove it that that's
why you fired him for that.
Speaker 2 (06:12):
So based on you don't like what he is doing,
even off the clock. You just don't like his personality,
you don't think the morale is bad, knowing that he
does that, every bit of that is reasonable.
Speaker 1 (06:24):
Fire is ass Jim.
Speaker 2 (06:26):
Just you know you're gone, Okay, got it, you got
you got you have the law in uh right there
in your pocket.
Speaker 1 (06:34):
It's on your side. Steve, Hi, Steve, welcome.
Speaker 6 (06:42):
Hi Jill, Steve san Diego, longtime listener. Hey, last week
my neighbors decided to put a light up on the
back of their house, which is uh like Dodger Stadium
in my yard. Now we got to keep the curtains closed.
A sleep at night, can't in the hota without being
blinded our solar lights.
Speaker 7 (07:02):
At the backyard.
Speaker 6 (07:04):
Just the atmosphere just disappeared. What can I do about it?
Speaker 1 (07:07):
Okay, two things you can do, all right? That I
have a pretty good answer for.
Speaker 2 (07:13):
Number One, what they are doing can be stopped because
they are interfering with your ability to live on your
property and simply enjoy your property.
Speaker 1 (07:26):
They're simply interfering with your lifestyle. It can't do that.
Speaker 2 (07:29):
You can't have excessive noise, for example. You can't have
lighting to the point where.
Speaker 1 (07:35):
It is so ridiculous.
Speaker 2 (07:36):
I mean, obviously you're allowed to light your own property,
but you can't do that where it affects your neighbors
to that extent.
Speaker 1 (07:45):
Sorry.
Speaker 2 (07:46):
So that means that if they don't stop it, you
send them a letter. You have a lawyer, maybe send
them a letter and that they're going to tell you
to go pound sand. Then you can file as for
a straining order. A judge will probably granted. And that's
a hassle.
Speaker 1 (08:04):
Okay.
Speaker 2 (08:04):
The other way that I think is far far more,
far far more effective by a bb gun.
Speaker 1 (08:16):
It's that simple. And do it at night, is the answer.
Speaker 3 (08:22):
You.
Speaker 1 (08:25):
Huh. See, I thought that was a good answer. See,
at some point, just gonna have to be practical, don't you.
Speaker 2 (08:34):
All right, let's take a break and we'll come back
and do plenty more of handle on the law.
Speaker 1 (08:41):
Say a fie handle here. It is a Saturday morning.
Speaker 2 (08:45):
Eight hundred five two zero one five three four. Eight
hundred five two zero one five three four is the
number to call, and we actually we're doing pretty good
right now, but we do have lines open, so feel free.
And at the end of the hour, I'll tell you
you how I'm going to continue on off the air
and still answer phone calls. And I do that really quickly.
(09:07):
All right, back we go more handle on the law. Hello, Nick,
you're right, welcome to the show.
Speaker 3 (09:14):
All right, thank you.
Speaker 8 (09:15):
I was ready. I was on a head on collision
with a do you a drunk driver and it's been
over a six months and the DA will not release
the police report, and I wonder if there's a logic.
Speaker 5 (09:30):
To that or advantage.
Speaker 2 (09:31):
Let me ask you, Nick, what do you need to
police report for.
Speaker 8 (09:37):
For the my lawyer, Well.
Speaker 1 (09:39):
Only one. He's gonna he's gonna sue anyway.
Speaker 2 (09:41):
I mean, he's not you know, the guy's not going
to deny that there, that it was ahead on. I'm
assumed did he get arrested, yes, all right, So I'm
just I'm just yeah, but what do you need it for?
Speaker 1 (09:56):
Think about this.
Speaker 2 (09:57):
Your lawyer wants it because it makes it easier for
your lawyer, Okay, but why do you think you need
a police report to prove something that is provable? And
right there it's been proved that it was a head
on and the guy was drunk.
Speaker 6 (10:11):
Well, we were trying not to go to court.
Speaker 8 (10:13):
We're trying to settle and trying to get more information,
and my passenger also died.
Speaker 1 (10:20):
In the in the oh man, that's all. Yeah, that's
a tough one. Okay.
Speaker 2 (10:24):
Uh, the DA can or does not have to release
on your schedule, and can say I don't want to
release it if the DA is going forward on it Uh,
and it's filed, you can pull Uh, you can certainly
pull the police record, the arrest record, all of that's available.
But you know, you can't force the DA to release
a piece of a you know, to release a document,
(10:45):
unless you subpoena. And I don't even know if you
can do that if the lawsuit's already been filed.
Speaker 1 (10:50):
I'm assuming, assuming a subpoena has been.
Speaker 3 (10:52):
Issued, and I'm assuming he's trying to get as much.
Speaker 1 (10:57):
No, I get that.
Speaker 5 (10:58):
No, I don't understand that.
Speaker 1 (10:59):
No, you want to get the evidence.
Speaker 2 (11:00):
But uh, from what I understand, all things being equal,
the DA is gonna do what he's gonna do at
his or her timeline. Doesn't matter what you say or
don't say. For example, telling a cop and you'd have
to arrest that person.
Speaker 8 (11:15):
No, I don't, right, And he has a court date
coming up at the end of this month, and I
can I go to it?
Speaker 1 (11:25):
And yes, yes, absolutely, go to it.
Speaker 9 (11:29):
Go to it.
Speaker 1 (11:30):
Sure, damn right, you go to it.
Speaker 8 (11:33):
I'm wondering why they're not asking me to be a witness.
Speaker 1 (11:36):
Or because you don't because they don't have to, because
they don't need you. Yeah, you know what, what what
good does it do.
Speaker 2 (11:44):
Yes, I was there. Well, of course you were there.
We have all the evidence, so it's not it's not
a big deal. But you know, wow, that must have
been a hell of an accident.
Speaker 1 (11:53):
This is a guy. I don't even know if the
insurance would cover it.
Speaker 2 (11:57):
Insurance may say if you get an accident with the
DUI not covering it.
Speaker 1 (12:01):
I don't know the answer to that.
Speaker 2 (12:03):
All right, that's a that's a real weird one. Well,
it's not weird, it's just that's what happens in the
world of the police and DA and enforcement of the law.
Speaker 1 (12:13):
Hi Anthony, Hi Anthony.
Speaker 7 (12:18):
Yeah, we had a recently dis journey this week from
a from my employer without reason. I was basically on
a job as a union contractor.
Speaker 8 (12:33):
For both Caltrans and Metro.
Speaker 10 (12:38):
In a bit of the verbal altercation with a quality
control the specter of over something that they did as
a safety violation.
Speaker 7 (12:48):
This happened less than twenty four hours after.
Speaker 6 (12:53):
The incident happened.
Speaker 7 (12:54):
Is do I have our con termination case?
Speaker 1 (12:57):
Okay?
Speaker 2 (12:59):
Yeah, not on its face, because you can be fired
for any reason you want.
Speaker 1 (13:04):
You know, your employer can go.
Speaker 2 (13:05):
I just don't like the way you look, Anthony, I
woke up this morning and I had a dream or
I went to a seance yesterday, and the person who's
running the seance looked at me and said.
Speaker 1 (13:15):
Hey, I will fire Anthony.
Speaker 2 (13:18):
Now if it is if you're part of a union
and now you have the collective bargaining agreement, then there
may be.
Speaker 1 (13:27):
They have to prove cause to let you go.
Speaker 2 (13:30):
So I think the only protection you're going to have
is the relationship your union has with that employer. That's
your protection. Legally, they can fire you for any reason
they want. Strangely enough, California is an at at will state,
and literally they can fire you. Other than if you're
a protected if you're a protected status, religion, race, you know, creed, gender,
(13:56):
all of that stuff, disability, they can't fire you for
those reasons. But let me give it to you worse
is what the Supreme Court said. Even if you can
prove that you were fired for one of those reasons
as part of the reason, the employer can come up
with any other reason and if it's reasonable, no discrimination lawsuit.
Speaker 1 (14:18):
So you're probably screwed unless there.
Speaker 2 (14:21):
Is an agreement, a collective bargaining agreement with the union.
If there is, you get the union rep involved. That's
what you do, all right. Let me tell you about
your business really quickly. AI Artificial intelligence is out there,
and if your business isn't using it, you are behind
the eight ball. You're probably losing money, probably losing productivity,
(14:42):
probably losing a competitive edge, and your competitors are probably
using AI. So let me suggest you look at the
folks at net suite, and what net Suite does is
run your business. Helps you run your business a lot
more efficiently, and you just have more time to do
your business business.
Speaker 1 (15:01):
Follow up, produce what you do.
Speaker 2 (15:04):
NetSuite is the number one cloud business management system out
there and it brings accounting and financial management inventory HR
into one efficient business suite.
Speaker 1 (15:14):
So let me.
Speaker 2 (15:16):
Suggest going to NetSuite dot com slash handle H A,
N D, E L and download the free CFOs guide
to AI and Machine Learning and see if NetSuite can
help your business. Obviously you're not paying, you're paying for that,
but it is a good way of seeing if they
can help you.
Speaker 1 (15:34):
It's fast, it is easy.
Speaker 2 (15:36):
It's at NetSuite as an office Suite's NetSuite dot com
slash handle NetSuite dot com slash handle.
Speaker 1 (15:44):
This is Handle on the Law. You're listening to Bill
Handle on demand from KFI a M six forty KFI.
Speaker 2 (15:54):
Handle here on a Saturday morning. Half an hour to
go until we'll we end of the show. At SD
the Morou shows up from eleven to two for the
Tech Show, and then Neil Sebaidra the Foodie Show, the
Folk Report. The number eight hundred five two zero one
five three four eight hundred five two zero one five
(16:16):
three four. This is Handle on the Law. Welcome back
Marginal Legal Advice.
Speaker 1 (16:25):
Tricia. Hello Tricia, Hi Bill.
Speaker 4 (16:29):
Yes, I'd like to find out if I have a
case about over a year ago, about a year and
a month ago, I tripped over an entrance walking into
a freestanding building, an office, private office, and I tripped
over the entrance bar and fell on my knee. Ever
since then, I've had trouble with my knee, and just
(16:51):
two weeks ago I had to go through the er
because I was an excruciating pain with the same knee obviously,
and so I ended up getting a s in my
knee because of the pains. I'm an also doctor, so
I'm just wondering if.
Speaker 1 (17:06):
I have a case you might what'd you trip over.
Speaker 4 (17:11):
The entrance bar at the bottom where it holds the door, Like, okay.
Speaker 2 (17:15):
The threat basically the threshold, right and what yeah, whatever
that little I get. It's it's a threshold, I think,
is what it is. And was it sticking way up?
Was it broken in some way or part of it
you you tripped on something sticking out?
Speaker 1 (17:32):
Or was it just yeah, well picking up?
Speaker 4 (17:35):
And you know it's an old building, so I'm just
wondering if it was. I wondered if I took pictures
of it, I was wondering.
Speaker 1 (17:42):
Okay, yeah, it's you know what I don't know. If
you have a case, you probably have a case.
Speaker 2 (17:47):
Now the issue is, I mean, I feel a lot
better legally if you lost your leg, you know, and
you call me, you go, bill, h, you know mid thigh,
my leg is gone.
Speaker 1 (17:58):
You think I have a case? I go, yeh.
Speaker 2 (17:59):
It's a better case than just getting a shot on
your knee. I'm going to suggest that see if you
have something there, and that is to call one of
the lawyers and handle on the law dot com. They
do personal injury. Don't know if you have one or not,
maybe depending on basically depending on how the damage is
(18:21):
and if you're talking about excruciating pain. A year later,
there may be some permitive stuff going on. You're still
within the statute of limitations, so you're okay on that one.
The only issue is going to be, let's say there
is a case they're going to say that whatever you're
experiencing in terms of pain really has nothing to do
with the injury that happened.
Speaker 1 (18:41):
It's something else.
Speaker 2 (18:42):
Believe me, you'll get doctors or they'll get doctors on
the other side that'll say there's nothing wrong with you,
which is why I always suggest and under these circumstances
you need a personal injury lawyer because they send you
to the doctors. Now, this is not we're not talking fraud.
What we're talking about is looking at the most concentsservative
approach within the law. In other words, these are not doctors.
(19:05):
Say I take a couple of aspirin and go home.
They go no, no, no, you need treatment, and you
do and you can take it one up to eight.
So go to the website, go to handle on the
law dot com to see if there's anything there.
Speaker 1 (19:16):
Al Hello, al, welcome.
Speaker 5 (19:19):
Hello sir.
Speaker 1 (19:20):
Yeah.
Speaker 11 (19:23):
Almost a year ago, on July fifth, early in the
morning after the fourth of July, I was coming home
from work and I got hit by three cars on
the freeway.
Speaker 1 (19:37):
Three cars.
Speaker 2 (19:38):
Faut Okay, explain to me how you got hit by
three cars.
Speaker 1 (19:43):
Give me the scenario here.
Speaker 11 (19:45):
The first car ramdo into the back of me. Okay,
we were going I was going at fifty five and
the first call ramd in to the back of me.
I spun out and then stop in the middle of
the freeway. About a minute later, a second car came
and hit me on the passenger side and then knocked
(20:12):
me into the h ob lane. And then the third
car came and hit me on the driver's side on
this got it?
Speaker 1 (20:24):
Got it? Okay? So and you were injured.
Speaker 11 (20:29):
Yes, sir, I had two broken ribs. I had had
contusions and my right knee, my right leg was busted up.
Speaker 1 (20:40):
Got it all right? So what what is your question? Now?
Speaker 11 (20:45):
My question is I obtained a long firm that is
supposed to be helping me with this, but it's been
almost a year now and there's still not will and
willing to make a settlement.
Speaker 2 (21:05):
Okay, it's I don't know if it's Hold on a minute, Okay,
let me let me go through it a little bit.
If it's not your law firm that's at fault for
not making the settlement, it's the other side. If there
is a delay, and it could. This could be very
complicated because you are talking about being hit by three
(21:28):
different cars, one of which is primarily at fault, and
the person who's primarily at fault is going to say,
your injury didn't happen because I hit you. Your injury
happened because the other two guys hit you, And the
other two guys are saying, oh no, it's because the
first guy now probably is the first guy out.
Speaker 1 (21:49):
But already it's complicated.
Speaker 2 (21:51):
Now you're talking about people pointing fingers at each other,
your damages are fine, and then they're talking to insurance companies.
Your lawyer is talking to insurance companies, and so this
is a complicated case and you have to find out
was a lawsuit filed. Because your lawyers may be doing
everything right, it doesn't seem to me a year later,
(22:14):
I mean it's it takes a while.
Speaker 1 (22:17):
That may seem a long time.
Speaker 2 (22:18):
But if you have insurance companies on the other side,
they're not willing to come to the table, and a
lot of them don't. Sometimes it takes the threat of litigation.
Sometimes it takes litigation. Al Okay, so your lawyers may
very well be doing a good job. Let me suggest
what you do on this one as and I normally
(22:40):
don't tell you to go to another lawyer, but I
am going to suggest you go to handle on the
Law dot Com and I'll tell you why. You tell
your story to the lawyers at handle on the Law
dot com, the company that I'm involved with.
Speaker 1 (22:53):
They are scrupulously honest.
Speaker 2 (22:56):
They will look into it al and will tell you
your lawyer is doing everything right and don't move, You're
in good shape.
Speaker 1 (23:05):
I don't know enough about the case.
Speaker 2 (23:06):
I'd have to read the file, so I don't know
enough about it, but they will look into it and say, yeah,
you're doing okay, your lawyer's right.
Speaker 1 (23:15):
Or you know what, maybe not.
Speaker 2 (23:17):
I mean, there's a good offer on the table. They're
really sloughing off. Don't know which way it is. But
if you go to the website, they're gonna give you
basically the truth. They're not there to do anything else,
otherwise I wouldn't be involved. These are good guys, they
really are, So go to handle on thelat dot com
try that out. But a year is not off base
(23:39):
with complicated cases, and it depends on how big the
policies are too. If the policies are small, if it's
fifteen thirty, you get the check immediately. I mean, they're
not gonna argue if you're sitting on one hundred thousand
dollars case and there's only thirty thousand dollars of insurance.
The thirty thousand dollars is written in two weeks. But
when it gets bigger than that and there's a lot
(23:59):
of applications.
Speaker 1 (24:01):
Yeah, yeah, Mike, Hello, Mike, welcome.
Speaker 12 (24:06):
Yeah, Hi Bell.
Speaker 1 (24:08):
A question.
Speaker 12 (24:08):
My ninety year old mother has racked up, unbeknownst to US,
fifty thousand dollars in credit card debt, and she's in
a reverse mortgage and she's living on Social Security. So
my question is should she file banks she wants to
file bankruptcy, Should she file bankruptcy or should she just
ignore the correspondence.
Speaker 2 (24:30):
I don't think she should ignore the correspondence because if
everybody knows that she has no money, the fact the
filing for bankruptcy has nothing to do with a reverse
mortgage at all, She's still goett to get her money.
Speaker 1 (24:44):
They still have this security.
Speaker 2 (24:45):
The issue is the fifty thousand dollars in credit card debt.
Speaker 1 (24:50):
Sort of up in the air on that one.
Speaker 2 (24:52):
The credit card debt disappears if she files for bankruptcy,
depending on when's the last time she used the credit card, if.
Speaker 1 (25:01):
She's used it up too recently. Yeah, she's used it recently.
Speaker 2 (25:05):
It's more complicated. I would talk to a bankruptcy attorney.
They're out there. Most of them will give you a
free consultation and just find out the ones that are
that give you. I mean, your mother's case is not
very complicated. I mean, bankruptcies can be really complicated. Yours
is really simple. Moms is really simple. And that is
shows a bunch of credit card debt and she can't
(25:26):
afford it, and now what do we do? Is it
worthwhile to fight to file for bankruptcy?
Speaker 1 (25:30):
And she's ninety years old?
Speaker 2 (25:33):
Yes, sir, Yeah, so she probably doesn't know what the
hell's going on anyway, right, Probably not yeah, probably not.
Speaker 12 (25:43):
Trouble.
Speaker 1 (25:44):
Oh yeah that way, yeah, I would just it's an
easy one.
Speaker 2 (25:47):
I think a bankruptcy attorney would give you advice and
say yes or no, and they're either way I don't
think they're going to be able to grab any part
of her house or do anything to her. It's just
cleaning it up, and I think that's where it's going
to go. At by the way, real quickly before we
take a break, quick suggestion about Zelman's minti mouth.
Speaker 1 (26:07):
You've been hearing me talk about this for months.
Speaker 2 (26:09):
The offer for Zelmans is a five pack and you
get a twenty percent off twenty percent discount if you
buy a five pack of Zelman's Capsules minty Coding. This
is about your bad or smelly breath. Cleans it up
for hours and hours. Suck on the minty coding, swallow
the capsules to bite into him goes to work in
your gut, and man, that does more than any other
(26:31):
product out there.
Speaker 1 (26:33):
So just go to Zelmans dot com. Z E L
M I N S.
Speaker 2 (26:36):
Zellman's dot com slash kfi Zelman's dot com slash kfi.
This is handle on the law Kfi handle here on
a Saturday morning, And just a quick word. This is
our last segment. And for those of you that are
on the phone and waiting, just hang loose.
Speaker 1 (26:56):
I will get to you right after the show. I
take phone calls off the air, and you go.
Speaker 2 (27:02):
Through them very quickly, as you can imagine, because there
are no breaks at all, and you can even call
in afterwards.
Speaker 1 (27:06):
And I'll tell you about that as I log out
and we've finished the show. Oh okay, welcome back. And
this is Handle on the Law and that is Mary.
Speaker 2 (27:18):
Hello, Mary, Hello, Mary?
Speaker 1 (27:22):
I will drafted?
Speaker 9 (27:25):
Can you can you hear me?
Speaker 1 (27:26):
Yeah? I can hear you. Yeah, you had a will drafted?
Go ahead, great?
Speaker 9 (27:31):
Yeah, about ten years ago, I lived in Pennsylvania, paid
a lawyer to do it. I now live in California.
My assets has changed, and I want to change the instructions.
I want to change one of the executors. And basically
the instructions are going to be sell everything and donated.
Speaker 4 (27:49):
Can I just do that online?
Speaker 9 (27:51):
Or do I need to pay a lawyer on thousands
of dollars?
Speaker 2 (27:54):
Well, it wouldn't be thousands of dollars. How much money
are you talking about? What are you talking about?
Speaker 1 (28:00):
What as that you're gonna leave? What are you gonna
leave the charity?
Speaker 9 (28:06):
I have a property to sell and then investments.
Speaker 1 (28:09):
Okay, how much money?
Speaker 9 (28:13):
Two and a half million?
Speaker 1 (28:14):
Oh, get a lawyer, Mary, Mary, that's a lot of money.
Speaker 2 (28:19):
Get a Yeah, I know you're cheap, but get a lawyer,
for God's sake.
Speaker 1 (28:23):
And by the way, it's not going to change much.
Speaker 2 (28:25):
All you're doing is changing the executor and you're changing
the beneficiary. So it's it's not gonna be thousands of dollars.
Maybe it'd be a thousand, but Mary is two and
a half million dollars, for God's sake, Really for one
thousand dollars, Just so the people you're cutting out or
the previous executor comes in and contests and say I
(28:46):
was the executor and Mary didn't know what she was doing,
and uh, there's a lot of money there, Mary. And
at some point you just go come on, uh yeah,
don't do it online.
Speaker 1 (28:56):
I mean you could, but you know why, you know why.
Speaker 2 (29:03):
I mean you basically you have a medical Uh you
have a medical condition that is serious enough that you
need a super specialist and you're talking about going to
a general physician. Go here, take care of it. No, no,
you so get a lawyer, please, And.
Speaker 1 (29:20):
It won't be that complicated, it really won't. Brent, Hi, Brent, welcome.
Speaker 3 (29:29):
Hello, how are you?
Speaker 1 (29:30):
Yes, yes, sir?
Speaker 3 (29:32):
All right, So we were on a vacation at a
resort vacation rental resort in Kawai And long story short,
my wife was taking my son out for a walker
in the morning four I am. It was dark, nothing lit.
She stepped over a ledge and fell about three feet
under the ground and she actually fractured fibula and her
foot in two places. Just want to know what your.
Speaker 2 (29:55):
Thoughts on if if it was not well lit, was
it a walkway that was not well lit?
Speaker 3 (30:02):
So my car was it was in the parking stall.
My wife was walking between the two cars to get
to the trunk as I backed in the car. So
when she stepped over the ledge, she thought there was grass,
but in fact it was a drainage ditch. No visibility.
Speaker 2 (30:17):
Ah, okay, yeah, I mean that's that's a case. Yeah,
I would think so, Brent. Uh, you know they're going
to argue liability. Your damages are a great shape. I
mean there's no question fracturing a bone. Did she end
up having surgery be any chance?
Speaker 9 (30:34):
No, it just got back on Monday.
Speaker 2 (30:36):
Okay, all right, so no surgery, which is unfortunate.
Speaker 1 (30:39):
Is she going to be able to keep her leg? Yes?
Speaker 12 (30:44):
Oh, also unfortunate, But she's on disability right now.
Speaker 1 (30:48):
Right, No, I understand.
Speaker 2 (30:49):
I mean she's pretty banged up and there there there
is a personal injury case there. Now the issue is
going to be liability. Okay, how much that fault? Were
they to me? If it's a place that's unlit and
there is a ditch there that you don't see and
you're getting out of the car where people would get
(31:10):
out of their car, I mean, it's not as if
she's out there and going to the corner of the
property and fall someplace. This is where people walk out
of their cars. Yeah, I think there's something there. So
you'd have to get a lawyer, probab Well, do.
Speaker 1 (31:26):
You get one here? To you get one in Hawaii?
You know what?
Speaker 2 (31:28):
Go to handle on the law dot com. Go to
the website and talk to one of the lawyers and
they'll tell you. You'll get some good advice there, whether
you do it here or there. But it sounds like
she has Yeah, sounds like she has a good case.
So give that a shot, all right. Sometimes sometimes people
have cases. Unfortunately. What can you do?
Speaker 1 (31:50):
Lisa Hi, Lisa.
Speaker 3 (31:53):
Hi.
Speaker 13 (31:54):
I have a dispute with my landlord hmm about our
security deposit. We moved out April sixth, and we had
a three thousand dollars security deposit and about six weeks
he didn't he didn't return the security deposit. We took
care of the home, and about six weeks later he
(32:14):
finally got us an invoice with all kinds of charges
that went beyond the security deposit.
Speaker 1 (32:24):
Okay, and your question.
Speaker 13 (32:26):
So, so my question is We've sent two certified letters
requesting the full the full amount back.
Speaker 1 (32:33):
He has ignored them.
Speaker 13 (32:35):
And I'm wondering if I can take him to small
claims for.
Speaker 2 (32:38):
Oh, yes you can, yes, you can, ye and has
no correct and he had I'm sorry.
Speaker 4 (32:46):
I can small claims for bad faith?
Speaker 12 (32:48):
Right, that's three.
Speaker 2 (32:49):
No, no, no, no, then no and just not bad faith.
I mean no one cares about bad faith. I mean
that just doesn't exist. Straight breach, all right, and and
failure to follow the law. The law is real simple
in California. He's got thirty days to give you an accounting,
thirty days to give you an accounting and return any
unused security deposit. Now he can manufacture all the charges
(33:15):
he wants and.
Speaker 1 (33:17):
Then you dispute it.
Speaker 2 (33:18):
If he has it within thirty days, then you have
a dispute with him. He doesn't do it within thirty days.
As you are pointing out that he went beyond there,
he has no defense, he can't bring it up. He
just loses.
Speaker 1 (33:31):
That's the law. Of course. You sew him in small
claims court.
Speaker 2 (33:34):
You sew him in small claims court, and for the
entire security deposit.
Speaker 1 (33:40):
Okay, you're gonna get it.
Speaker 2 (33:41):
Okay, right, I tell him and tell him you got
a second opinion.
Speaker 1 (33:45):
And my attorney thinks you're ugly too, okay, love it
all right? All right, there we go. We are done,
guys with the show.
Speaker 2 (33:54):
Just a quick word is I'm taking phone calls off
the air, free to call right now. And we do
have some minds open and it'll be I'll go through
them very very quickly.
Speaker 1 (34:06):
As you can imagine. Oh, before we do leave, let
me also tell you about chronic pain and chronic pain.
Speaker 2 (34:13):
This is my wife who has this podcast all about
chronic pain because she hurts. She hurts all the time
and it's not fun to see this. And what she
did to help herself is to help other people, and
that's the.
Speaker 1 (34:26):
Pain Game podcast.
Speaker 2 (34:27):
She talks about chronic pain, pain all the time, and
she hurts a lot, and boy is she a trooper.
Speaker 1 (34:32):
I just look at her and I wonder how great
she is.
Speaker 2 (34:35):
And so every episode on the Pain Game Podcast ends
with a message of hope. If you're suffering from chronic
pain or you know someone who is and the trauma involved,
this will be really helpful. It'll help you with the community,
it'll help you across the board understanding that you know
you can actually give pain purpose.
Speaker 1 (34:54):
I mean, that's so weird, but it does work that way.
Speaker 2 (34:57):
The Pain Game Podcast follow on social at the Pain
Game Podcast. Season three just started dropping the Pain Game Podcast.
Speaker 1 (35:05):
And I'm finishing up with I am.
Speaker 2 (35:07):
Taking calls right now off the air, and the number
is eight hundred five two zero one five three four.
Speaker 1 (35:14):
This is Handle on the Law. You've been listening to
the Bill Handle Show.
Speaker 2 (35:18):
Catch my show Monday through Friday six am to nine am,
and anytime on demand on the iHeartRadio app.
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