Episode Transcript
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Speaker 1 (00:01):
You're listening to Bill Handle on demand from KFI AM
six forty.
Speaker 2 (00:09):
This is now on the Law March League Advice where
I tell you you have absolutely no case. Oh President
Donald Trump's story, man, you never get these Well, the
President has now said he's announced that the administration will
(00:29):
seek the death penalty in all murder cases in Washington. Now,
there are all kinds of issues. Now, keep in mind, Washington,
Washington d C. Is a very strange jurisdiction because it
is both controlled by local authorities, the local police, as
well as the Feds. They have jurisdiction because of how
weird Washington DC fits into.
Speaker 3 (00:54):
The national picture.
Speaker 2 (00:55):
It's not a state, it is a city, but controlled
by the FEDS because as along to any state.
Speaker 3 (01:01):
So the President said, I'm going.
Speaker 2 (01:04):
To quote, anybody murders something in the capitol, capital punishment,
capital capital punishment. If someone killed someone in the capitol,
we're going to be seeking the death penalty. And this
was at a meeting with cabinet members and it happened last.
Speaker 3 (01:18):
Week, and he didn't outline any.
Speaker 2 (01:20):
Specifics, but called capital punishment a very strong preventive measure,
and we're going to have to make our own decisions.
Speaker 3 (01:29):
We have no choice.
Speaker 2 (01:30):
Well, the problem with the death penalty, it's not that easy.
Now convicting someone of a crime, even murder, assuming that
there is enough evidence, Okay, that can be done fairly easily.
Now asking the jury in this case, it would be
a jury to then put the defendant, now the convict,
(01:53):
the convicted person to death is a whole different animal.
Speaker 3 (01:59):
That just doesn't fly very quickly.
Speaker 2 (02:02):
And jurors have historic, historically not been convinced to impose
a capital punishment in DC after they have voted unanimously
to convict.
Speaker 3 (02:15):
And so the President is saying that it's tough. It
is tough.
Speaker 2 (02:21):
California, for example, we have the death penalty here, but
if you killed someone, death penalty doesn't fly. There are
certain categories, There are certain definitions of what kind of
crimes are committed, what kinds of murder, simple murder, you
want to call it simple murder, death penalty is not
going to apply.
Speaker 3 (02:42):
It has to be a murder.
Speaker 2 (02:43):
For example, lying in waiting, which means you are ambushing
someone and you kill that person. That qualifies killing a
police officer in the line of duty. That certainly qualifies
killing children or multiple people.
Speaker 3 (02:59):
That qualify but straight out murder.
Speaker 4 (03:02):
Uh huh.
Speaker 3 (03:03):
They don't even try with the death penalty. Uh, not
even close.
Speaker 2 (03:08):
So uh the President, I mean he says something, but uh,
you know certain things he says, are you know, legitimate,
not legitimate whether you believe it or not, but using
the power of the presidency, tariffs, immigration, that sort of thing,
where's legitimate power saying we're gonna is We're gonna have
(03:28):
the death penalty and not so easy? All right, Let's
go ahead and take some phone calls. Okay, Uh Jill, Hello, Jill, welcome, Jill?
Speaker 3 (03:41):
Are you there?
Speaker 5 (03:43):
Oh, I'm so here.
Speaker 3 (03:45):
Okay, what can I do for you?
Speaker 6 (03:46):
Jail?
Speaker 3 (03:47):
All right, go ahead and.
Speaker 5 (03:48):
I got okay, I will we go to coffee bean
and tea Leaf and in Manhattan Beach and okay.
Speaker 3 (03:56):
Who's we?
Speaker 5 (03:57):
Jill? Jill? Jill?
Speaker 3 (03:59):
Hold on? Who is we?
Speaker 4 (04:01):
Who is we?
Speaker 5 (04:02):
Well, my mom is eighty eight, It's my mother and me.
Speaker 3 (04:06):
Okay, so we is the two of you? All right?
Moving on? Okay, moving on?
Speaker 5 (04:13):
Okay. So uh we kept getting approached by this outreach,
coming into coffee being asking us if we need halp?
We need halp? Do you need help? And we keep
trying to get rid of them. It's like, look, get
out of here. And the thing is they're approaching us
at the car. They're yelling to us you need help,
you need It's like, what.
Speaker 3 (04:33):
The hell you need? You need? You're saying you need.
Speaker 5 (04:38):
You need help?
Speaker 2 (04:40):
Help, yeah, help health halp, what what is it?
Speaker 3 (04:43):
Is it?
Speaker 4 (04:43):
Health?
Speaker 5 (04:45):
Yeah? H e l P?
Speaker 7 (04:48):
Help got it?
Speaker 3 (04:48):
You need help?
Speaker 5 (04:49):
Help?
Speaker 3 (04:50):
Excellent. That's that's it.
Speaker 2 (04:51):
So people came up to you, hold on, hang on,
I want to get there.
Speaker 3 (04:56):
I want to get this right.
Speaker 2 (04:58):
So there you and your mom are sitting down having coffee,
right okay, and these people just show up. How many
people show up?
Speaker 5 (05:10):
Two women and one policeman?
Speaker 3 (05:13):
Okay?
Speaker 2 (05:13):
Why would the policeman come to you and these people
saying you need help when you're just sitting there having coffee.
Speaker 3 (05:20):
Why do you think they would do that?
Speaker 5 (05:23):
You tell me, okay, they just came out of the blue.
Speaker 2 (05:26):
They just a cop just with two with two workers,
come out of the blue and say do you need help?
And you say no, I don't need help, and then
they continue to harass you.
Speaker 3 (05:38):
And then they continue to harass.
Speaker 7 (05:40):
You, right, yes, okay?
Speaker 3 (05:42):
And how many times do they harass you?
Speaker 5 (05:45):
Enough enough, that's a good number.
Speaker 2 (05:48):
Excellent enough, well said, okay, So now the cop shows
up and with these two people and say do you
need help? And you say no, I don't need help
or we don't need help.
Speaker 3 (06:00):
What happens? What happens next? What happened next?
Speaker 5 (06:02):
Well, they showed up two times in coffee bean, but
we kept getting these other ones too, just alone, single ones.
You need app and uh, you know, it's like, look,
we don't need any help. So they keep going to
the bar and they're they're making remarks. Really it's started
(06:28):
with a lady who is yeah, that's right, and he
says to me, oh, oh, I get the f out
of Manhattan Beach.
Speaker 3 (06:40):
Oh okay.
Speaker 2 (06:43):
And that was in the and that was in the
coffee shop.
Speaker 5 (06:49):
It was outside in front of the coffee shop side,
and she just started yelling, get out of Manhattan Beach,
Get the f out of Manhattan Beach.
Speaker 2 (06:58):
Yes, by the way, is there any connection between hold on,
I got to get this right. Is there any connection
between the two workers with the police officer harassing you
and this woman?
Speaker 3 (07:10):
Is there any connection between the two.
Speaker 5 (07:14):
I would think so if she's trying to tell you
to get out of town.
Speaker 2 (07:19):
Yeah, so hold on, people coming up to you and
going do you need help is the same as someone
outside saying get the f out of Manhattan.
Speaker 3 (07:28):
Somehow the two were connected in your mind?
Speaker 5 (07:31):
Correct, Oh, they are connected.
Speaker 8 (07:33):
How do you know they're connected?
Speaker 5 (07:37):
Hold on? This outreach went to Allied Services in the
shopping mall and we were given a ticket. We can't
come to the shopping mall anymore.
Speaker 3 (07:48):
Oh, they threw you out of the shopping.
Speaker 5 (07:49):
Mall as of yesterday.
Speaker 3 (07:52):
Uh huh. And why do they throw you out?
Speaker 5 (07:56):
Oh they're trying to say we're loitering, and they keep
doing that.
Speaker 3 (08:04):
I have to I have to ask you a question, Jill.
Speaker 2 (08:07):
Uh when these people came up to you out of
the blue, with the police officers as or the police
officer as you were just sitting there having coffee and
they just came to you, guys, did it ever occur
to you that maybe you do need help?
Speaker 9 (08:22):
No?
Speaker 3 (08:23):
I think yeah, I think so. I think I think
you need a lot of help. Yeah, no, I get it.
I okay, want to No, No, no, you need help.
Speaker 2 (08:37):
You really need help, And I think you need medication
on top of that. This is handle on the law.
This is handle on the law marginal legal advice.
Speaker 3 (08:48):
Hey, Herb, you're up, welcome. What can I do for you?
Speaker 6 (08:53):
Yes, my suitcase got lost. No, I believe if it
never got here to uh LA and it's stuck in Atlanta.
So it's been two and a half weeks. I don't
see any effort from them. Guys a long time, you know,
put some effort into it to deliver my suitcase.
Speaker 2 (09:15):
Usually the airlines do a pretty good job, and so
they're usually right on top of it. All right, so
you put it, you put a claim in for a
law suitcase, right, herb? All right, okay, you already put
the claim in.
Speaker 6 (09:28):
Correct, Yes, well my daughter did that for me.
Speaker 2 (09:33):
It doesn't matter, and they're ignoring it but me.
Speaker 3 (09:39):
And they're ignoring your suitcase being returned.
Speaker 6 (09:43):
I'm not saying they're ignoring it, but there's no help
on their side making an effort to go and find it.
Speaker 2 (09:50):
How do you know how do you know there's no effort?
Speaker 6 (09:54):
Well, no, I don't know that, but I mean I
don't see any evidence, you know. Okay, the AfroB.
Speaker 3 (10:00):
Okay, that's fair, that's fair. And so at this point,
let's assume your.
Speaker 2 (10:05):
Suitcase is lost because after two and a half weeks,
if they haven't found it and delivered it to you,
it's probably lost. And so you make a claim for
the reimbursement of what's in the suitcase.
Speaker 3 (10:18):
And unfortunately, because of you got treaties.
Speaker 2 (10:22):
You've got you know, the Montreal Treaty, it used to
be the Warsaw treaty that everybody signs and that the
governments accept. That really limit the amount of money that
you can get. And usually I think it's three hundred
dollars or some ridiculous amount.
Speaker 3 (10:39):
What was in the suitcase, Herb, Well.
Speaker 6 (10:42):
The most expensive thing was my computer. Oh now, the
rest of the stuff is just clothing, yeah, okay, shoes
and that kind of stuff.
Speaker 2 (10:51):
The marital aids, the sex toys were not part of it, right,
and they're not worth that much money if they're used.
Speaker 3 (10:58):
Okay, how much was your computer?
Speaker 6 (11:04):
Boy? I believe it's been a few years now. I
don't remember exactly right. Well, I mean if it's a
small it's a small computer.
Speaker 2 (11:14):
Okay, Herb, it might be worth almost nothing. If it's
an older computer, and you might just you know, you
might say, hey, things happen, uh, and I'm gonna buy
myself another computer, and you buy yourself another computer. Now
did you back up the computer? Is the information in
the cloud or on a flash drive?
Speaker 9 (11:35):
No?
Speaker 2 (11:35):
No, of course, now you know now I know you're
one hundred and fifty years old. I get it hurt.
So let me ask, uh this, what was on the
computer that is critical to you?
Speaker 6 (11:48):
Well, there's bank statement on the butt already called the bank.
Speaker 3 (11:52):
Okay, so you're covering on that. What else sole okay, yeah,
what else?
Speaker 6 (11:57):
The rest of it is shoes and clothing on the computer?
Speaker 9 (12:00):
No?
Speaker 3 (12:00):
No, no, no, what was on the computer?
Speaker 6 (12:02):
No, no, no, on on the computer. It's basically just
the statements from the bank statement.
Speaker 3 (12:10):
Okay, you can, you can, you can get all of those.
Speaker 2 (12:12):
Okay, so that's not a problem, you know what I mean.
Suggest you do make a claim for reimbursement not finding
your computer because they or your suitcase, cause that obviously
look like it's gone. Get your three hundred bucks, make
a claim for the money, and there's a form for it.
(12:32):
Get whatever you get under the convention three hundred dollars
or five hundred dollars or whatever the hell it is,
and just and then just move on with your life,
you know, the legal part of it is, yeah, that
just doesn't help. I mean, at some point you just say, yeah,
I've been screwed. And I say this all the time,
but you know, at some point, yeah, what are you
gonna do under these circumstances? A bunch of old clothes,
(12:56):
an old computer, an old guy. You put it all
to together and you got come on, Bob, Hello, Bob.
Speaker 7 (13:06):
Bill handle so great to talk with you.
Speaker 3 (13:09):
Yes, it is. What can I do for you?
Speaker 7 (13:12):
Are you okay with the speakerphone in my car so
I can be hands free? Is that okay?
Speaker 9 (13:16):
Yeah?
Speaker 2 (13:16):
Yeah, I'm okay. It's it's pretty good. I'm okay. Thanks
for asking.
Speaker 7 (13:20):
Okay, you're welcome. First, thank you for your your unique
humor that you bring to everything.
Speaker 2 (13:26):
That you do.
Speaker 3 (13:28):
Thank you.
Speaker 2 (13:28):
Well, I thought you were going to thank me for
my vast knowledge of law, but I guess we're not
going in that direction.
Speaker 3 (13:33):
Okay.
Speaker 7 (13:36):
I've been listening to you for like twenty years, so
I know.
Speaker 9 (13:40):
Ok.
Speaker 7 (13:42):
My brother was staying at a board and care facility
in Winnett, Cut and the manager lady came to and said,
you have to move out, And he said, you know,
you have to give me your written notes. She said, no,
you got to be out by August fifteenth, or I'm
sorry July fifteenth, so July fifteenth, and then he tells
her again, you know you're supposed to give me thirty
days written notice. She sends in some guy to help
(14:06):
pack his stuff and get him out, and the guy
punches him and beats up on him, and my brother's
got a black eye. The police come and the thug
said that my brother hit him, which my brother did not,
and he lied. My brother said, I want to press charges,
(14:26):
and the police said, well, he said you hit him too,
so that we'd have to take both of you. So
my brother said, okay, forget it, I don't want to
press charges. Does he have any recourse to okay, yeah.
Speaker 2 (14:38):
Let's yeah, Okay, let's start with he had a black eye.
And if that's that's it. He had a black eye.
I mean, he didn't have broken bones, he wasn't put
in the hospital. He had a black eye, So your
damages are really small.
Speaker 3 (14:54):
The police can believe whoever.
Speaker 2 (14:56):
The police can believe whoever the police want to they
if they don't want to arrest, if they want to
believe the other guy who said yeah, Bob's brother hit
me first, or hit me they can believe it, and
then that disappears. They're not gonna wed press charges. You know,
police don't like doing small what they consider small cases
(15:17):
because they've got, you know, to their to their credit,
they've got a lot of fish to fry, and it's
this isn't big enough to deal with it.
Speaker 3 (15:26):
Okay.
Speaker 2 (15:27):
Then the other situation is a civil suit against that
against the facility. But the same thing is going to happen,
and that is thug is going to say Bob's brother
beat me up.
Speaker 3 (15:41):
Bob is going to say, thug beat me up.
Speaker 2 (15:44):
So there now there really isn't recourse and your brother
got screwed on this, there's no question about it. The
good news is he's not sitting there with contusions and
lacerations and broken bones, which could easily have happened your
brother being an imbortant care.
Speaker 3 (15:58):
What's going on with him that he needs? He's a
bored and care.
Speaker 7 (16:03):
He has mental illness. And one of the sidebar things
of this that he was telling me is this place
tried to get him to sign documents saying he was
getting hospice care. This this is for my brother. I
don't have this verified.
Speaker 5 (16:19):
My brother said.
Speaker 7 (16:20):
If they got hospice care, they would get ten thousand
a month from the state and and or federal government
for his hospice care. He was not getting hospice care.
He was getting a bed and getting me.
Speaker 2 (16:33):
All right, here's the problem that well, I understand. Yeah,
they tried to defraud. Yeah, they tried to defraud the government,
is what they tried to do. And they're arguing, well,
we never no, we never asked him no, and he
is mentally ill.
Speaker 3 (16:48):
So who are you going to believe us?
Speaker 2 (16:51):
And we run this facility and we're licensed, and we're
good guys, and there's never been complaints or there have
been very few, or your brother who is mentally ill,
and we didn't defraud the government. No, no application was
ever put in for hospice care. So where are you
gonna go with that? Get him to another place? That's
the bottom lane?
Speaker 3 (17:11):
Yeah, yeah, that's all right, all right. I can't keep
on going with that one. This is Handle on the Law.
Speaker 1 (17:19):
You're listening to Bill Handle on Demand from k f
I A M six forty.
Speaker 2 (17:26):
Welcome back and Handle on the Law Marginal Legal Advice.
Speaker 3 (17:32):
John. Welcome to Handle on the law. Hi, John, Oh hello, yes, Hi.
Speaker 9 (17:40):
This is a law suit regarding practice death to a
dog by veterinarian.
Speaker 2 (17:46):
And wait wait wait wait you took a dog to
a veterinarian, correct, m right? Okay, what happened? What happened
to the veterinarian?
Speaker 9 (17:57):
He they were they were making some sores off his body,
and Tim is into the operation.
Speaker 3 (18:06):
He died, Okay, didn't.
Speaker 9 (18:09):
My complaint is with my attorney, not the venerian.
Speaker 4 (18:12):
I was one.
Speaker 9 (18:13):
There's two important factors that that my attorney didn't inform
me about which would have made me not gone forward
with my case?
Speaker 3 (18:23):
Okay? Which is what.
Speaker 9 (18:26):
That he didn't inform me about. Dogs were considered personal
property and uh that required what negotiation proceeds were about?
Speaker 2 (18:38):
Okay, Well what negotiations procedures are about?
Speaker 10 (18:43):
Uh?
Speaker 3 (18:43):
Is something I don't think.
Speaker 2 (18:44):
Uh, there's an issue the fact that dogs are considered
property as opposed.
Speaker 3 (18:50):
To family members.
Speaker 2 (18:52):
Uh should he have told you? Yeah, properly. But let
me ask you how much money are you out?
Speaker 3 (18:57):
John?
Speaker 10 (19:00):
Quite a bit?
Speaker 3 (19:01):
Your way?
Speaker 2 (19:02):
It's so the dog, So the lawyer didn't take it
on contingency.
Speaker 3 (19:05):
You're writing a check, right, is it?
Speaker 9 (19:08):
Yeah, it's hourly.
Speaker 2 (19:11):
Wow, you have a basically a that he didn't tell you.
Uh yeah, that's kind of interesting. How much money did
you spend on this lawyer?
Speaker 5 (19:26):
Uh?
Speaker 9 (19:27):
Twenty five thousand.
Speaker 3 (19:29):
You spend twenty five thousand dollars for a lawyer, and
the lawyer took the money and your dog died on
the table. Wow?
Speaker 2 (19:39):
Okay, how let's let me go through some of some
of the practical issues here or some of the factual issues.
Speaker 3 (19:46):
How old was the dog? John?
Speaker 9 (19:49):
Uh? Ten years old?
Speaker 3 (19:51):
Ten years old? What kind of dog?
Speaker 5 (19:54):
It was?
Speaker 9 (19:54):
A John tuaha mix?
Speaker 2 (19:56):
Okay, so it was basically a mutt all right, ten
years old, a mutt? And it died on the table.
And so at that point you were seeing you were
suing the veterinarian, correct, right, Okay, how much did what
was the lawsuit for?
Speaker 3 (20:13):
What did the lawyer tell you? What can you expect?
Speaker 9 (20:16):
He told me he said his average winning his awards
in his firm was one hundred and twenty five thousand dollars.
Speaker 3 (20:23):
Okay, But.
Speaker 9 (20:26):
And he told me to sue for two million dollars.
Speaker 2 (20:29):
Oh yeah, they always do that, all right. I've yeah, yeah,
I think there is uh, there is malpractice here based
on what you say, there is malpractice a lawyer first
of all, lawyer, even taking that case, you know, how
much can you actually suit for. Well, you can sue
for whatever it costs you at the vet uh, and
(20:52):
you can sue. You can't sue for emotional damage because
it's property. It's not a member of your family, because
the law does not recognizes a dog as.
Speaker 3 (21:02):
A member of your family.
Speaker 2 (21:03):
The only thing the law recognizes is the property value
of the dog. So let's say you have a champion
dog that has one Westminster and can be worth twenty
five thousand dollars.
Speaker 3 (21:15):
Well, that's your lawsuit for the value of the dog.
Speaker 2 (21:18):
And I have a little doxy at home that's worth
several thousand dollars. I think it costs three thousand dollars
or something. That's the value of that dog.
Speaker 3 (21:30):
It's not. And by the way, they're family members. I
understand that.
Speaker 2 (21:33):
And I had a Chihuahua mix that actually also died
as a result of veterinary mail practice, and I didn't
sue because.
Speaker 8 (21:42):
It was a technician.
Speaker 9 (21:45):
Going ahead, this attorney tell me that his average winnings
were one hundred.
Speaker 2 (21:50):
Because it could be you know what it could be
that his average winnings are a one hundred and twenty
five thousand dollars. That may be absolutely true, but him
taking the case, he's charging you all hourly, makes absolutely
no sense. So here's what you get to do. You
demand your money back. That's for starters. You also, you
(22:12):
complain to the state bar California State Bar that you
have been ripped off. That's simple, and explain what happens
that you paid twenty five thousand dollars for this case.
He never told you that it was personal property, and
you want to get into there. Whether the bar does
anything or not, I don't know. Then the other issue
(22:33):
is hiring a malpractice attorney. That's not worth it, not
for twenty five thousand dollars because you have to prove
the underlying case that you had a case, and then
the twenty five thousand dollars. Yeah, it would be tough.
You can look for a legal malpractice attorney. I mean
they're out there, but I think the strongest position you
(22:55):
have is making a complaint to the state bar and
just straight out complaining that he rip you off. And
based on what you say, you know, I mean, I've
never heard of an attorney suing a vet for anything
other than the cost. Well, individual, and this is what
I tell you. My dog died on the table. Okay,
(23:16):
how much was a dog worth? Well, it's a mutt,
so that's worth nothing. It's a it's a pure bread.
And I paid eight thousand dollars for it. Okay, it's
eight thousand dollars. But an attorney taking twenty five thousand
dollars in legal fees and not saying you're not going
(23:37):
to get much money you get it's the cost of
the surgery, and it's the.
Speaker 3 (23:41):
Value of the dog, which is nothing. Ricardo, Hi, Ricardo,
welcome to handle on the law.
Speaker 4 (23:48):
Oh hi, hi, Bill's longtime listener.
Speaker 3 (23:51):
Okay, thank You's the scenario.
Speaker 4 (23:54):
My neighbor and coach us in my property. He built
a gate fence and the city gave him a permit.
His survey shows otherwise. But I had to get two
surveys to show the city that you guys gave him
a permit illegally or somehow. But it was an illegal story.
But he built this fence. Recently, I went to the
(24:17):
city to get my permit to you know, block him.
What ramifications will I have if I go on there?
And tear down his fence, and I build my fence.
I have the permit.
Speaker 2 (24:29):
Okay if it's well, you have a permit and he
has a permit, so you both have permits, which is hilarious.
In the end, it's your property, right correct, Okay, Once
it's your property and you have a permit, this is
an encroachment, and you don't care what he says, and
you don't care what the city says.
Speaker 3 (24:49):
This is your property.
Speaker 4 (24:51):
So to the city I did. To the city, I
beat him, but there was no indication when I had
counsel to revoke his license or the permit. And that's
where I'm at right now that I want to go
in there and tear it down. And since I have
my permit and he is in my property.
Speaker 3 (25:08):
Yeah, I would think you do.
Speaker 2 (25:10):
Now there may be a situation where the city has
decided you can't for whatever internal reasons, for example them
giving a permit, unless have they formally recognized that they
wrongfully gave him a permit.
Speaker 4 (25:25):
Well, they they sort of in the lawsuit, they realized
that they lost. They we beat them, basically, Okay.
Speaker 2 (25:34):
Hold On is part of the lawsuit saying that they
wrongfully gave him a.
Speaker 3 (25:39):
Permit that that was wrong. Yes, yes, okay, yes, and okay,
well that doesn't matter. It's just it's a wrongful permit. Yeah,
I think you can do it. Okay, I think you
can do it. For sure property, it's a fence. You've
got the permit.
Speaker 2 (25:53):
A lawsuit was filed and adjudicated that the permit he
has is invalid. You're fine. I'd go ahead and tear
down the fence. And then when he comes after you
with a shotgun, we'll talk about that later on. This
is handle on the law. Welcome back, handle on the law.
You'll handle here. Marginal legal advice.
Speaker 3 (26:15):
Show Jim, Do I have that right? Show Jim? Just Jim, Oh,
just Jim.
Speaker 2 (26:22):
Okay, I got it all right. We had a glitch
in the typing. Okay, what can I do for you?
Speaker 10 (26:30):
Driving home from Vegas?
Speaker 11 (26:31):
Got a eighty five and a seventy speeding ticket. Never
had a ticket, been driving done the caun over fifty years.
Asked him for a break, but he said it's too late.
Can't do it because he already wrote the ticket when
he handed me the iPad to sign it. I never
saw the ticket until after I signed anyway, just wonder
(26:54):
if it's worth talking to a lawyer about trying, you know,
to see if you know there be any exception.
Speaker 3 (27:00):
Yeah, it's not a question of acceptance.
Speaker 2 (27:02):
It's not a question of acceptance. First of all, it's
your word for it. The only I mean, let's say
you go to court and you fight it. You have
to say, I was not doing eighty five miles an
hour straight out, I wasn't. So you have to say
that if you admit doing eighty five. Conversation over, now,
how do you fight a cop who is tagging you
(27:26):
for eighty five? Well, the only way you can do
it is if it was a radar gun, and usually
they do it with a radar gun. Then you fight
the radar gun itself, the technology and every day the
radar gun has to be calibrated, and if it is
not calibrated correctly, then the radar guns information is gone
(27:52):
and it can't be used.
Speaker 3 (27:53):
And now there's no proof that you went eighty five
miles per hour. That is not an easy thing.
Speaker 10 (28:00):
I'm sorry, I'm sorry. He said he clocked me. He
didn't use radar, and he told me three or four
times that he clocked me at eighty five and a
seventy later on I read the ticket. There's a greater
Dan sign in front of the eighty five. In other words,
this says greater than the Okay.
Speaker 2 (28:18):
Well me, okay, that's not good news. But when he
said he clocked you, what did he mean?
Speaker 10 (28:24):
He said he was following me for a few miles.
Speaker 2 (28:26):
Ah, okay, that is a problem. Now it's your word
against his. And and keep in mind that you have
every reason to lie to get out of a ticket.
He has every reason to be objective. The presumption is
that the cop has no skin in the game. He
(28:48):
just sees you going and he nails you. Now, it
could be he's got plenty of skin in the game.
He didn't like the looks.
Speaker 3 (28:53):
It was time for him.
Speaker 2 (28:54):
He wanted to tag somebody he you know, didn't get
laid the night before, and he's going to punish drivers
for it. Wait whatever reason that he does. But it's
considered objective. He's not considered biased. Anything you say is
considered biased because obviously you're being tagged for it. So
it's hit his word versus your word.
Speaker 6 (29:17):
And I.
Speaker 3 (29:19):
Don't know where you go with that. And you're going
to is it? Is it in a reckless.
Speaker 2 (29:24):
I don't know if it's gotten into reckless, because if
it's reckless, that's the problem.
Speaker 10 (29:27):
If it's just speeding, yeah, it's not, it's not reckless.
And one one kind of funny comment he said, well
didn't you see me? I was founding you for a
few miles. Is using one of those new stealth HP cars.
Speaker 3 (29:42):
That you be Yeah, well there's no way I.
Speaker 10 (29:45):
Could see him.
Speaker 2 (29:46):
Yeah, why you say no, I didn't see you. But
it doesn't matter. You were still doing what you were doing.
So is it worth it to fight it? I don't
think so. I think you just got tagged as the
first one out. Don't get another ticket. Is it gonna
Is it gonna hurt you?
Speaker 3 (30:00):
It's just a straight speeding ticket.
Speaker 2 (30:02):
It's going to be expensive because what happens is, I
don't know, it's a couple hundred bucks and then you
can add all of these assessments to it, so may
end up costing you four or five hundred dollars on
top of that. Does your insurance tag you, I don't
know for one speeding ticket. It probably depends on the company.
My insurance probably wouldn't tag me for one speeding ticket.
Speaker 10 (30:26):
Traffic School Oh, yeah, you've got to.
Speaker 3 (30:27):
Do traffic school.
Speaker 10 (30:29):
Now.
Speaker 2 (30:29):
The other thing about traffic school is it could be
that the whole thing is dismissed. Once you finish traffic school.
They give you the one shot. I mean, you pay
your ticket, but they give you one shot to have
it removed from your record. Now, as far as your
insurance company is concerned, it's still there, but you won't
(30:49):
have it on your record if you finish traffic school.
Speaker 3 (30:52):
That's what they tell you.
Speaker 2 (30:54):
And traffic school, let me tell you how horrible traffic
school is. I mean truly, other have a root canal
than go to traffic school.
Speaker 3 (31:04):
Yeah, they're god awful. But you have to do what
you have to do. Those are the rules. So do
you fight it now? You really don't, you know, you
just say you're on or can I have or just
accept it?
Speaker 4 (31:15):
Yeah?
Speaker 2 (31:15):
Just and then you ask for traffic school. I don't
even know how it works. I mean, I haven't had
a ticket for.
Speaker 3 (31:20):
Years and years Joanne or Joan, Hello.
Speaker 5 (31:26):
Hi Bill.
Speaker 8 (31:28):
I live in a kind of a small resort town
and there is really a shortage of housing, especially low
cost housing, and property get snapped up pretty much even
before it hits the market and it's all cash fires.
Speaker 2 (31:42):
Yeah, is there any low cost housing anywhere in California?
Speaker 3 (31:45):
Am I missing something?
Speaker 6 (31:49):
Well?
Speaker 8 (31:49):
Actually this is in This is in Michigan, the Detroit area.
Speaker 3 (31:54):
Okay, got it, all right, fair enough?
Speaker 2 (31:56):
I thought it was California, all right, all right, I'm
sorry I interrupted.
Speaker 8 (32:03):
No, it's okay. So these houses are getting bought and
it's it's a summer resort business and people are, you know,
fairly wealthy. They're paying cash and they're making them into
short term rentals or they you know, bulldoze them and
make you know, put in brand new houses. So I
was able to get one of these houses and it
(32:25):
was a dump and it was cheap. And then lady
next door to me bought bought one and she tore
hers down to the studs and just fixed this fix
up this beautiful house. Well, I you know, remodeled mine
for what I could afford it, and I put it
up for rent. And I thought I should call you
because there was a caller who was getting sued by
(32:48):
who was going to sue couldn't sell their house because
of somebody who had lived in a dump next door
and wouldn't fix it up. Well, my house is well maintained,
the gardens nice, and the long gets mode. There's nothing,
no trash. But I tried to rent it to a family,
and families in town really can't afford what I have
to rent it for to pay my mortgage. And I
(33:10):
was approached by a company that's doing a large job
in town and needed housing for six workers, and they
offered me more than I was asking, so I rented
it to them. They they're very respectable guys, nice guys.
They just come, you know, home at night and go
to sleep, go to work early in the morning. But
(33:34):
I am wondering if my neighbor, she has told me
that how much she has put in her house, and
this is her retirement house, and she wishes I would
I would have just you know, bulldozed my home and
things like that. I know, I know she's not happy.
Speaker 3 (33:53):
No, I'm wondering. God, No, it's your house.
Speaker 2 (33:57):
You can do whatever the hell you want as long
as you or not, you know, have loud speakers in
her direction and you're playing music or radio at one
hundred and fifty decibels.
Speaker 3 (34:07):
It's your house. What's she going to sue you for?
Speaker 2 (34:10):
Let's let's say you Let's say you are asking me
if you can sue her. All right, let's reverse the situation.
Now it's your neighbor calling about you. What are you
asking for? What do you think she is asking for.
Speaker 10 (34:29):
That?
Speaker 8 (34:30):
If she if she tries to sell her house, she's
not going to get what she put into it.
Speaker 3 (34:35):
That's possible.
Speaker 8 (34:36):
I have an upgraded I haven't upgraded my house.
Speaker 2 (34:39):
Like, yeah, okay, so you have an upgraded your house.
What a court is going to order you to upgrade
your house? But I don't have the money, you're her?
Oh no, I don't care. I want you to upgrade
your house because your neighbor wants you to upgrade your house,
you don't worry about.
Speaker 8 (34:53):
Okay, Well you got me scared because there was a
call where somebody had tarp over their roof.
Speaker 9 (34:58):
One.
Speaker 2 (34:59):
Yeah, but that's different. But that's different. That is not
forcing you. This is that is a violation of law.
And that's what I was asking about. Was there an
ordinance that did not let you do that? And call
building in safety because now you have an unsafe condition
and you and the diminuation of your house, your house
(35:22):
not being torn down or remodeled to her specifications. Is
not a diminuation of her house. I mean she can
maybe it is, but that's her problem, it's not yours.
You are absolutely fine, okay, you do not worry about that.
That was a call earlier in which there was a
caller who's next door neighbor took the roof was out
(35:46):
and put this blue tarp and held it down with
old tires and it's been there for years doing that
and they can't sell the house because they're next door.
Very different, very different circumstances.
Speaker 3 (35:57):
Let me tell you about.
Speaker 2 (35:58):
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(36:21):
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(37:03):
Season three is now running around the Pain Game podcast.
Speaker 3 (37:09):
This is Handle on the Law. You've been listening to
the Bill Handle Show.
Speaker 2 (37:14):
Catch my show Monday through Friday, six am to nine am,
and anytime on demand on the iHeartRadio app.
You're listening to Bill Handle on demand from KFI AM
six forty.
Speaker 2 (00:09):
This is now on the Law March League Advice where
I tell you you have absolutely no case. Oh President
Donald Trump's story, man, you never get these Well, the
President has now said he's announced that the administration will
(00:29):
seek the death penalty in all murder cases in Washington. Now,
there are all kinds of issues. Now, keep in mind, Washington,
Washington d C. Is a very strange jurisdiction because it
is both controlled by local authorities, the local police, as
well as the Feds. They have jurisdiction because of how
weird Washington DC fits into.
Speaker 3 (00:54):
The national picture.
Speaker 2 (00:55):
It's not a state, it is a city, but controlled
by the FEDS because as along to any state.
Speaker 3 (01:01):
So the President said, I'm going.
Speaker 2 (01:04):
To quote, anybody murders something in the capitol, capital punishment,
capital capital punishment. If someone killed someone in the capitol,
we're going to be seeking the death penalty. And this
was at a meeting with cabinet members and it happened last.
Speaker 3 (01:18):
Week, and he didn't outline any.
Speaker 2 (01:20):
Specifics, but called capital punishment a very strong preventive measure,
and we're going to have to make our own decisions.
Speaker 3 (01:29):
We have no choice.
Speaker 2 (01:30):
Well, the problem with the death penalty, it's not that easy.
Now convicting someone of a crime, even murder, assuming that
there is enough evidence, Okay, that can be done fairly easily.
Now asking the jury in this case, it would be
a jury to then put the defendant, now the convict,
(01:53):
the convicted person to death is a whole different animal.
Speaker 3 (01:59):
That just doesn't fly very quickly.
Speaker 2 (02:02):
And jurors have historic, historically not been convinced to impose
a capital punishment in DC after they have voted unanimously
to convict.
Speaker 3 (02:15):
And so the President is saying that it's tough. It
is tough.
Speaker 2 (02:21):
California, for example, we have the death penalty here, but
if you killed someone, death penalty doesn't fly. There are
certain categories, There are certain definitions of what kind of
crimes are committed, what kinds of murder, simple murder, you
want to call it simple murder, death penalty is not
going to apply.
Speaker 3 (02:42):
It has to be a murder.
Speaker 2 (02:43):
For example, lying in waiting, which means you are ambushing
someone and you kill that person. That qualifies killing a
police officer in the line of duty. That certainly qualifies
killing children or multiple people.
Speaker 3 (02:59):
That qualify but straight out murder.
Speaker 4 (03:02):
Uh huh.
Speaker 3 (03:03):
They don't even try with the death penalty. Uh, not
even close.
Speaker 2 (03:08):
So uh the President, I mean he says something, but uh,
you know certain things he says, are you know, legitimate,
not legitimate whether you believe it or not, but using
the power of the presidency, tariffs, immigration, that sort of thing,
where's legitimate power saying we're gonna is We're gonna have
(03:28):
the death penalty and not so easy? All right, Let's
go ahead and take some phone calls. Okay, Uh Jill, Hello, Jill, welcome, Jill?
Speaker 3 (03:41):
Are you there?
Speaker 5 (03:43):
Oh, I'm so here.
Speaker 3 (03:45):
Okay, what can I do for you?
Speaker 6 (03:46):
Jail?
Speaker 3 (03:47):
All right, go ahead and.
Speaker 5 (03:48):
I got okay, I will we go to coffee bean
and tea Leaf and in Manhattan Beach and okay.
Speaker 3 (03:56):
Who's we?
Speaker 5 (03:57):
Jill? Jill? Jill?
Speaker 3 (03:59):
Hold on? Who is we?
Speaker 4 (04:01):
Who is we?
Speaker 5 (04:02):
Well, my mom is eighty eight, It's my mother and me.
Speaker 3 (04:06):
Okay, so we is the two of you? All right?
Moving on? Okay, moving on?
Speaker 5 (04:13):
Okay. So uh we kept getting approached by this outreach,
coming into coffee being asking us if we need halp?
We need halp? Do you need help? And we keep
trying to get rid of them. It's like, look, get
out of here. And the thing is they're approaching us
at the car. They're yelling to us you need help,
you need It's like, what.
Speaker 3 (04:33):
The hell you need? You need? You're saying you need.
Speaker 5 (04:38):
You need help?
Speaker 2 (04:40):
Help, yeah, help health halp, what what is it?
Speaker 3 (04:43):
Is it?
Speaker 4 (04:43):
Health?
Speaker 5 (04:45):
Yeah? H e l P?
Speaker 7 (04:48):
Help got it?
Speaker 3 (04:48):
You need help?
Speaker 5 (04:49):
Help?
Speaker 3 (04:50):
Excellent. That's that's it.
Speaker 2 (04:51):
So people came up to you, hold on, hang on,
I want to get there.
Speaker 3 (04:56):
I want to get this right.
Speaker 2 (04:58):
So there you and your mom are sitting down having coffee,
right okay, and these people just show up. How many
people show up?
Speaker 5 (05:10):
Two women and one policeman?
Speaker 3 (05:13):
Okay?
Speaker 2 (05:13):
Why would the policeman come to you and these people
saying you need help when you're just sitting there having coffee.
Speaker 3 (05:20):
Why do you think they would do that?
Speaker 5 (05:23):
You tell me, okay, they just came out of the blue.
Speaker 2 (05:26):
They just a cop just with two with two workers,
come out of the blue and say do you need help?
And you say no, I don't need help, and then
they continue to harass you.
Speaker 3 (05:38):
And then they continue to harass.
Speaker 7 (05:40):
You, right, yes, okay?
Speaker 3 (05:42):
And how many times do they harass you?
Speaker 5 (05:45):
Enough enough, that's a good number.
Speaker 2 (05:48):
Excellent enough, well said, okay, So now the cop shows
up and with these two people and say do you
need help? And you say no, I don't need help
or we don't need help.
Speaker 3 (06:00):
What happens? What happens next? What happened next?
Speaker 5 (06:02):
Well, they showed up two times in coffee bean, but
we kept getting these other ones too, just alone, single ones.
You need app and uh, you know, it's like, look,
we don't need any help. So they keep going to
the bar and they're they're making remarks. Really it's started
(06:28):
with a lady who is yeah, that's right, and he
says to me, oh, oh, I get the f out
of Manhattan Beach.
Speaker 3 (06:40):
Oh okay.
Speaker 2 (06:43):
And that was in the and that was in the
coffee shop.
Speaker 5 (06:49):
It was outside in front of the coffee shop side,
and she just started yelling, get out of Manhattan Beach,
Get the f out of Manhattan Beach.
Speaker 2 (06:58):
Yes, by the way, is there any connection between hold on,
I got to get this right. Is there any connection
between the two workers with the police officer harassing you
and this woman?
Speaker 3 (07:10):
Is there any connection between the two.
Speaker 5 (07:14):
I would think so if she's trying to tell you
to get out of town.
Speaker 2 (07:19):
Yeah, so hold on, people coming up to you and
going do you need help is the same as someone
outside saying get the f out of Manhattan.
Speaker 3 (07:28):
Somehow the two were connected in your mind?
Speaker 5 (07:31):
Correct, Oh, they are connected.
Speaker 8 (07:33):
How do you know they're connected?
Speaker 5 (07:37):
Hold on? This outreach went to Allied Services in the
shopping mall and we were given a ticket. We can't
come to the shopping mall anymore.
Speaker 3 (07:48):
Oh, they threw you out of the shopping.
Speaker 5 (07:49):
Mall as of yesterday.
Speaker 3 (07:52):
Uh huh. And why do they throw you out?
Speaker 5 (07:56):
Oh they're trying to say we're loitering, and they keep
doing that.
Speaker 3 (08:04):
I have to I have to ask you a question, Jill.
Speaker 2 (08:07):
Uh when these people came up to you out of
the blue, with the police officers as or the police
officer as you were just sitting there having coffee and
they just came to you, guys, did it ever occur
to you that maybe you do need help?
Speaker 9 (08:22):
No?
Speaker 3 (08:23):
I think yeah, I think so. I think I think
you need a lot of help. Yeah, no, I get it.
I okay, want to No, No, no, you need help.
Speaker 2 (08:37):
You really need help, And I think you need medication
on top of that. This is handle on the law.
This is handle on the law marginal legal advice.
Speaker 3 (08:48):
Hey, Herb, you're up, welcome. What can I do for you?
Speaker 6 (08:53):
Yes, my suitcase got lost. No, I believe if it
never got here to uh LA and it's stuck in Atlanta.
So it's been two and a half weeks. I don't
see any effort from them. Guys a long time, you know,
put some effort into it to deliver my suitcase.
Speaker 2 (09:15):
Usually the airlines do a pretty good job, and so
they're usually right on top of it. All right, so
you put it, you put a claim in for a
law suitcase, right, herb? All right, okay, you already put
the claim in.
Speaker 6 (09:28):
Correct, Yes, well my daughter did that for me.
Speaker 2 (09:33):
It doesn't matter, and they're ignoring it but me.
Speaker 3 (09:39):
And they're ignoring your suitcase being returned.
Speaker 6 (09:43):
I'm not saying they're ignoring it, but there's no help
on their side making an effort to go and find it.
Speaker 2 (09:50):
How do you know how do you know there's no effort?
Speaker 6 (09:54):
Well, no, I don't know that, but I mean I
don't see any evidence, you know. Okay, the AfroB.
Speaker 3 (10:00):
Okay, that's fair, that's fair. And so at this point,
let's assume your.
Speaker 2 (10:05):
Suitcase is lost because after two and a half weeks,
if they haven't found it and delivered it to you,
it's probably lost. And so you make a claim for
the reimbursement of what's in the suitcase.
Speaker 3 (10:18):
And unfortunately, because of you got treaties.
Speaker 2 (10:22):
You've got you know, the Montreal Treaty, it used to
be the Warsaw treaty that everybody signs and that the
governments accept. That really limit the amount of money that
you can get. And usually I think it's three hundred
dollars or some ridiculous amount.
Speaker 3 (10:39):
What was in the suitcase, Herb, Well.
Speaker 6 (10:42):
The most expensive thing was my computer. Oh now, the
rest of the stuff is just clothing, yeah, okay, shoes
and that kind of stuff.
Speaker 2 (10:51):
The marital aids, the sex toys were not part of it, right,
and they're not worth that much money if they're used.
Speaker 3 (10:58):
Okay, how much was your computer?
Speaker 6 (11:04):
Boy? I believe it's been a few years now. I
don't remember exactly right. Well, I mean if it's a
small it's a small computer.
Speaker 2 (11:14):
Okay, Herb, it might be worth almost nothing. If it's
an older computer, and you might just you know, you
might say, hey, things happen, uh, and I'm gonna buy
myself another computer, and you buy yourself another computer. Now
did you back up the computer? Is the information in
the cloud or on a flash drive?
Speaker 9 (11:35):
No?
Speaker 2 (11:35):
No, of course, now you know now I know you're
one hundred and fifty years old. I get it hurt.
So let me ask, uh this, what was on the
computer that is critical to you?
Speaker 6 (11:48):
Well, there's bank statement on the butt already called the bank.
Speaker 3 (11:52):
Okay, so you're covering on that. What else sole okay, yeah,
what else?
Speaker 6 (11:57):
The rest of it is shoes and clothing on the computer?
Speaker 9 (12:00):
No?
Speaker 3 (12:00):
No, no, no, what was on the computer?
Speaker 6 (12:02):
No, no, no, on on the computer. It's basically just
the statements from the bank statement.
Speaker 3 (12:10):
Okay, you can, you can, you can get all of those.
Speaker 2 (12:12):
Okay, so that's not a problem, you know what I mean.
Suggest you do make a claim for reimbursement not finding
your computer because they or your suitcase, cause that obviously
look like it's gone. Get your three hundred bucks, make
a claim for the money, and there's a form for it.
(12:32):
Get whatever you get under the convention three hundred dollars
or five hundred dollars or whatever the hell it is,
and just and then just move on with your life,
you know, the legal part of it is, yeah, that
just doesn't help. I mean, at some point you just say, yeah,
I've been screwed. And I say this all the time,
but you know, at some point, yeah, what are you
gonna do under these circumstances? A bunch of old clothes,
(12:56):
an old computer, an old guy. You put it all
to together and you got come on, Bob, Hello, Bob.
Speaker 7 (13:06):
Bill handle so great to talk with you.
Speaker 3 (13:09):
Yes, it is. What can I do for you?
Speaker 7 (13:12):
Are you okay with the speakerphone in my car so
I can be hands free? Is that okay?
Speaker 9 (13:16):
Yeah?
Speaker 2 (13:16):
Yeah, I'm okay. It's it's pretty good. I'm okay. Thanks
for asking.
Speaker 7 (13:20):
Okay, you're welcome. First, thank you for your your unique
humor that you bring to everything.
Speaker 2 (13:26):
That you do.
Speaker 3 (13:28):
Thank you.
Speaker 2 (13:28):
Well, I thought you were going to thank me for
my vast knowledge of law, but I guess we're not
going in that direction.
Speaker 3 (13:33):
Okay.
Speaker 7 (13:36):
I've been listening to you for like twenty years, so
I know.
Speaker 9 (13:40):
Ok.
Speaker 7 (13:42):
My brother was staying at a board and care facility
in Winnett, Cut and the manager lady came to and said,
you have to move out, And he said, you know,
you have to give me your written notes. She said, no,
you got to be out by August fifteenth, or I'm
sorry July fifteenth, so July fifteenth, and then he tells
her again, you know you're supposed to give me thirty
days written notice. She sends in some guy to help
(14:06):
pack his stuff and get him out, and the guy
punches him and beats up on him, and my brother's
got a black eye. The police come and the thug
said that my brother hit him, which my brother did not,
and he lied. My brother said, I want to press charges,
(14:26):
and the police said, well, he said you hit him too,
so that we'd have to take both of you. So
my brother said, okay, forget it, I don't want to
press charges. Does he have any recourse to okay, yeah.
Speaker 2 (14:38):
Let's yeah, Okay, let's start with he had a black eye.
And if that's that's it. He had a black eye.
I mean, he didn't have broken bones, he wasn't put
in the hospital. He had a black eye, So your
damages are really small.
Speaker 3 (14:54):
The police can believe whoever.
Speaker 2 (14:56):
The police can believe whoever the police want to they
if they don't want to arrest, if they want to
believe the other guy who said yeah, Bob's brother hit
me first, or hit me they can believe it, and
then that disappears. They're not gonna wed press charges. You know,
police don't like doing small what they consider small cases
(15:17):
because they've got, you know, to their to their credit,
they've got a lot of fish to fry, and it's
this isn't big enough to deal with it.
Speaker 3 (15:26):
Okay.
Speaker 2 (15:27):
Then the other situation is a civil suit against that
against the facility. But the same thing is going to happen,
and that is thug is going to say Bob's brother
beat me up.
Speaker 3 (15:41):
Bob is going to say, thug beat me up.
Speaker 2 (15:44):
So there now there really isn't recourse and your brother
got screwed on this, there's no question about it. The
good news is he's not sitting there with contusions and
lacerations and broken bones, which could easily have happened your
brother being an imbortant care.
Speaker 3 (15:58):
What's going on with him that he needs? He's a
bored and care.
Speaker 7 (16:03):
He has mental illness. And one of the sidebar things
of this that he was telling me is this place
tried to get him to sign documents saying he was
getting hospice care. This this is for my brother. I
don't have this verified.
Speaker 5 (16:19):
My brother said.
Speaker 7 (16:20):
If they got hospice care, they would get ten thousand
a month from the state and and or federal government
for his hospice care. He was not getting hospice care.
He was getting a bed and getting me.
Speaker 2 (16:33):
All right, here's the problem that well, I understand. Yeah,
they tried to defraud. Yeah, they tried to defraud the government,
is what they tried to do. And they're arguing, well,
we never no, we never asked him no, and he
is mentally ill.
Speaker 3 (16:48):
So who are you going to believe us?
Speaker 2 (16:51):
And we run this facility and we're licensed, and we're
good guys, and there's never been complaints or there have
been very few, or your brother who is mentally ill,
and we didn't defraud the government. No, no application was
ever put in for hospice care. So where are you
gonna go with that? Get him to another place? That's
the bottom lane?
Speaker 3 (17:11):
Yeah, yeah, that's all right, all right. I can't keep
on going with that one. This is Handle on the Law.
Speaker 1 (17:19):
You're listening to Bill Handle on Demand from k f
I A M six forty.
Speaker 2 (17:26):
Welcome back and Handle on the Law Marginal Legal Advice.
Speaker 3 (17:32):
John. Welcome to Handle on the law. Hi, John, Oh hello, yes, Hi.
Speaker 9 (17:40):
This is a law suit regarding practice death to a
dog by veterinarian.
Speaker 2 (17:46):
And wait wait wait wait you took a dog to
a veterinarian, correct, m right? Okay, what happened? What happened
to the veterinarian?
Speaker 9 (17:57):
He they were they were making some sores off his body,
and Tim is into the operation.
Speaker 3 (18:06):
He died, Okay, didn't.
Speaker 9 (18:09):
My complaint is with my attorney, not the venerian.
Speaker 4 (18:12):
I was one.
Speaker 9 (18:13):
There's two important factors that that my attorney didn't inform
me about which would have made me not gone forward
with my case?
Speaker 3 (18:23):
Okay? Which is what.
Speaker 9 (18:26):
That he didn't inform me about. Dogs were considered personal
property and uh that required what negotiation proceeds were about?
Speaker 2 (18:38):
Okay, Well what negotiations procedures are about?
Speaker 10 (18:43):
Uh?
Speaker 3 (18:43):
Is something I don't think.
Speaker 2 (18:44):
Uh, there's an issue the fact that dogs are considered
property as opposed.
Speaker 3 (18:50):
To family members.
Speaker 2 (18:52):
Uh should he have told you? Yeah, properly. But let
me ask you how much money are you out?
Speaker 3 (18:57):
John?
Speaker 10 (19:00):
Quite a bit?
Speaker 3 (19:01):
Your way?
Speaker 2 (19:02):
It's so the dog, So the lawyer didn't take it
on contingency.
Speaker 3 (19:05):
You're writing a check, right, is it?
Speaker 9 (19:08):
Yeah, it's hourly.
Speaker 2 (19:11):
Wow, you have a basically a that he didn't tell you.
Uh yeah, that's kind of interesting. How much money did
you spend on this lawyer?
Speaker 5 (19:26):
Uh?
Speaker 9 (19:27):
Twenty five thousand.
Speaker 3 (19:29):
You spend twenty five thousand dollars for a lawyer, and
the lawyer took the money and your dog died on
the table. Wow?
Speaker 2 (19:39):
Okay, how let's let me go through some of some
of the practical issues here or some of the factual issues.
Speaker 3 (19:46):
How old was the dog? John?
Speaker 9 (19:49):
Uh? Ten years old?
Speaker 3 (19:51):
Ten years old? What kind of dog?
Speaker 5 (19:54):
It was?
Speaker 9 (19:54):
A John tuaha mix?
Speaker 2 (19:56):
Okay, so it was basically a mutt all right, ten
years old, a mutt? And it died on the table.
And so at that point you were seeing you were
suing the veterinarian, correct, right, Okay, how much did what
was the lawsuit for?
Speaker 3 (20:13):
What did the lawyer tell you? What can you expect?
Speaker 9 (20:16):
He told me he said his average winning his awards
in his firm was one hundred and twenty five thousand dollars.
Speaker 3 (20:23):
Okay, But.
Speaker 9 (20:26):
And he told me to sue for two million dollars.
Speaker 2 (20:29):
Oh yeah, they always do that, all right. I've yeah, yeah,
I think there is uh, there is malpractice here based
on what you say, there is malpractice a lawyer first
of all, lawyer, even taking that case, you know, how
much can you actually suit for. Well, you can sue
for whatever it costs you at the vet uh, and
(20:52):
you can sue. You can't sue for emotional damage because
it's property. It's not a member of your family, because
the law does not recognizes a dog as.
Speaker 3 (21:02):
A member of your family.
Speaker 2 (21:03):
The only thing the law recognizes is the property value
of the dog. So let's say you have a champion
dog that has one Westminster and can be worth twenty
five thousand dollars.
Speaker 3 (21:15):
Well, that's your lawsuit for the value of the dog.
Speaker 2 (21:18):
And I have a little doxy at home that's worth
several thousand dollars. I think it costs three thousand dollars
or something. That's the value of that dog.
Speaker 3 (21:30):
It's not. And by the way, they're family members. I
understand that.
Speaker 2 (21:33):
And I had a Chihuahua mix that actually also died
as a result of veterinary mail practice, and I didn't
sue because.
Speaker 8 (21:42):
It was a technician.
Speaker 9 (21:45):
Going ahead, this attorney tell me that his average winnings
were one hundred.
Speaker 2 (21:50):
Because it could be you know what it could be
that his average winnings are a one hundred and twenty
five thousand dollars. That may be absolutely true, but him
taking the case, he's charging you all hourly, makes absolutely
no sense. So here's what you get to do. You
demand your money back. That's for starters. You also, you
(22:12):
complain to the state bar California State Bar that you
have been ripped off. That's simple, and explain what happens
that you paid twenty five thousand dollars for this case.
He never told you that it was personal property, and
you want to get into there. Whether the bar does
anything or not, I don't know. Then the other issue
(22:33):
is hiring a malpractice attorney. That's not worth it, not
for twenty five thousand dollars because you have to prove
the underlying case that you had a case, and then
the twenty five thousand dollars. Yeah, it would be tough.
You can look for a legal malpractice attorney. I mean
they're out there, but I think the strongest position you
(22:55):
have is making a complaint to the state bar and
just straight out complaining that he rip you off. And
based on what you say, you know, I mean, I've
never heard of an attorney suing a vet for anything
other than the cost. Well, individual, and this is what
I tell you. My dog died on the table. Okay,
(23:16):
how much was a dog worth? Well, it's a mutt,
so that's worth nothing. It's a it's a pure bread.
And I paid eight thousand dollars for it. Okay, it's
eight thousand dollars. But an attorney taking twenty five thousand
dollars in legal fees and not saying you're not going
(23:37):
to get much money you get it's the cost of
the surgery, and it's the.
Speaker 3 (23:41):
Value of the dog, which is nothing. Ricardo, Hi, Ricardo,
welcome to handle on the law.
Speaker 4 (23:48):
Oh hi, hi, Bill's longtime listener.
Speaker 3 (23:51):
Okay, thank You's the scenario.
Speaker 4 (23:54):
My neighbor and coach us in my property. He built
a gate fence and the city gave him a permit.
His survey shows otherwise. But I had to get two
surveys to show the city that you guys gave him
a permit illegally or somehow. But it was an illegal story.
But he built this fence. Recently, I went to the
(24:17):
city to get my permit to you know, block him.
What ramifications will I have if I go on there?
And tear down his fence, and I build my fence.
I have the permit.
Speaker 2 (24:29):
Okay if it's well, you have a permit and he
has a permit, so you both have permits, which is hilarious.
In the end, it's your property, right correct, Okay, Once
it's your property and you have a permit, this is
an encroachment, and you don't care what he says, and
you don't care what the city says.
Speaker 3 (24:49):
This is your property.
Speaker 4 (24:51):
So to the city I did. To the city, I
beat him, but there was no indication when I had
counsel to revoke his license or the permit. And that's
where I'm at right now that I want to go
in there and tear it down. And since I have
my permit and he is in my property.
Speaker 3 (25:08):
Yeah, I would think you do.
Speaker 2 (25:10):
Now there may be a situation where the city has
decided you can't for whatever internal reasons, for example them
giving a permit, unless have they formally recognized that they
wrongfully gave him a permit.
Speaker 4 (25:25):
Well, they they sort of in the lawsuit, they realized
that they lost. They we beat them, basically, Okay.
Speaker 2 (25:34):
Hold On is part of the lawsuit saying that they
wrongfully gave him a.
Speaker 3 (25:39):
Permit that that was wrong. Yes, yes, okay, yes, and okay,
well that doesn't matter. It's just it's a wrongful permit. Yeah,
I think you can do it. Okay, I think you
can do it. For sure property, it's a fence. You've
got the permit.
Speaker 2 (25:53):
A lawsuit was filed and adjudicated that the permit he
has is invalid. You're fine. I'd go ahead and tear
down the fence. And then when he comes after you
with a shotgun, we'll talk about that later on. This
is handle on the law. Welcome back, handle on the law.
You'll handle here. Marginal legal advice.
Speaker 3 (26:15):
Show Jim, Do I have that right? Show Jim? Just Jim, Oh,
just Jim.
Speaker 2 (26:22):
Okay, I got it all right. We had a glitch
in the typing. Okay, what can I do for you?
Speaker 10 (26:30):
Driving home from Vegas?
Speaker 11 (26:31):
Got a eighty five and a seventy speeding ticket. Never
had a ticket, been driving done the caun over fifty years.
Asked him for a break, but he said it's too late.
Can't do it because he already wrote the ticket when
he handed me the iPad to sign it. I never
saw the ticket until after I signed anyway, just wonder
(26:54):
if it's worth talking to a lawyer about trying, you know,
to see if you know there be any exception.
Speaker 3 (27:00):
Yeah, it's not a question of acceptance.
Speaker 2 (27:02):
It's not a question of acceptance. First of all, it's
your word for it. The only I mean, let's say
you go to court and you fight it. You have
to say, I was not doing eighty five miles an
hour straight out, I wasn't. So you have to say
that if you admit doing eighty five. Conversation over, now,
how do you fight a cop who is tagging you
(27:26):
for eighty five? Well, the only way you can do
it is if it was a radar gun, and usually
they do it with a radar gun. Then you fight
the radar gun itself, the technology and every day the
radar gun has to be calibrated, and if it is
not calibrated correctly, then the radar guns information is gone
(27:52):
and it can't be used.
Speaker 3 (27:53):
And now there's no proof that you went eighty five
miles per hour. That is not an easy thing.
Speaker 10 (28:00):
I'm sorry, I'm sorry. He said he clocked me. He
didn't use radar, and he told me three or four
times that he clocked me at eighty five and a
seventy later on I read the ticket. There's a greater
Dan sign in front of the eighty five. In other words,
this says greater than the Okay.
Speaker 2 (28:18):
Well me, okay, that's not good news. But when he
said he clocked you, what did he mean?
Speaker 10 (28:24):
He said he was following me for a few miles.
Speaker 2 (28:26):
Ah, okay, that is a problem. Now it's your word
against his. And and keep in mind that you have
every reason to lie to get out of a ticket.
He has every reason to be objective. The presumption is
that the cop has no skin in the game. He
(28:48):
just sees you going and he nails you. Now, it
could be he's got plenty of skin in the game.
He didn't like the looks.
Speaker 3 (28:53):
It was time for him.
Speaker 2 (28:54):
He wanted to tag somebody he you know, didn't get
laid the night before, and he's going to punish drivers
for it. Wait whatever reason that he does. But it's
considered objective. He's not considered biased. Anything you say is
considered biased because obviously you're being tagged for it. So
it's hit his word versus your word.
Speaker 6 (29:17):
And I.
Speaker 3 (29:19):
Don't know where you go with that. And you're going
to is it? Is it in a reckless.
Speaker 2 (29:24):
I don't know if it's gotten into reckless, because if
it's reckless, that's the problem.
Speaker 10 (29:27):
If it's just speeding, yeah, it's not, it's not reckless.
And one one kind of funny comment he said, well
didn't you see me? I was founding you for a
few miles. Is using one of those new stealth HP cars.
Speaker 3 (29:42):
That you be Yeah, well there's no way I.
Speaker 10 (29:45):
Could see him.
Speaker 2 (29:46):
Yeah, why you say no, I didn't see you. But
it doesn't matter. You were still doing what you were doing.
So is it worth it to fight it? I don't
think so. I think you just got tagged as the
first one out. Don't get another ticket. Is it gonna
Is it gonna hurt you?
Speaker 3 (30:00):
It's just a straight speeding ticket.
Speaker 2 (30:02):
It's going to be expensive because what happens is, I
don't know, it's a couple hundred bucks and then you
can add all of these assessments to it, so may
end up costing you four or five hundred dollars on
top of that. Does your insurance tag you, I don't
know for one speeding ticket. It probably depends on the company.
My insurance probably wouldn't tag me for one speeding ticket.
Speaker 10 (30:26):
Traffic School Oh, yeah, you've got to.
Speaker 3 (30:27):
Do traffic school.
Speaker 10 (30:29):
Now.
Speaker 2 (30:29):
The other thing about traffic school is it could be
that the whole thing is dismissed. Once you finish traffic school.
They give you the one shot. I mean, you pay
your ticket, but they give you one shot to have
it removed from your record. Now, as far as your
insurance company is concerned, it's still there, but you won't
(30:49):
have it on your record if you finish traffic school.
Speaker 3 (30:52):
That's what they tell you.
Speaker 2 (30:54):
And traffic school, let me tell you how horrible traffic
school is. I mean truly, other have a root canal
than go to traffic school.
Speaker 3 (31:04):
Yeah, they're god awful. But you have to do what
you have to do. Those are the rules. So do
you fight it now? You really don't, you know, you
just say you're on or can I have or just
accept it?
Speaker 4 (31:15):
Yeah?
Speaker 2 (31:15):
Just and then you ask for traffic school. I don't
even know how it works. I mean, I haven't had
a ticket for.
Speaker 3 (31:20):
Years and years Joanne or Joan, Hello.
Speaker 5 (31:26):
Hi Bill.
Speaker 8 (31:28):
I live in a kind of a small resort town
and there is really a shortage of housing, especially low
cost housing, and property get snapped up pretty much even
before it hits the market and it's all cash fires.
Speaker 2 (31:42):
Yeah, is there any low cost housing anywhere in California?
Speaker 3 (31:45):
Am I missing something?
Speaker 6 (31:49):
Well?
Speaker 8 (31:49):
Actually this is in This is in Michigan, the Detroit area.
Speaker 3 (31:54):
Okay, got it, all right, fair enough?
Speaker 2 (31:56):
I thought it was California, all right, all right, I'm
sorry I interrupted.
Speaker 8 (32:03):
No, it's okay. So these houses are getting bought and
it's it's a summer resort business and people are, you know,
fairly wealthy. They're paying cash and they're making them into
short term rentals or they you know, bulldoze them and
make you know, put in brand new houses. So I
was able to get one of these houses and it
(32:25):
was a dump and it was cheap. And then lady
next door to me bought bought one and she tore
hers down to the studs and just fixed this fix
up this beautiful house. Well, I you know, remodeled mine
for what I could afford it, and I put it
up for rent. And I thought I should call you
because there was a caller who was getting sued by
(32:48):
who was going to sue couldn't sell their house because
of somebody who had lived in a dump next door
and wouldn't fix it up. Well, my house is well maintained,
the gardens nice, and the long gets mode. There's nothing,
no trash. But I tried to rent it to a family,
and families in town really can't afford what I have
to rent it for to pay my mortgage. And I
(33:10):
was approached by a company that's doing a large job
in town and needed housing for six workers, and they
offered me more than I was asking, so I rented
it to them. They they're very respectable guys, nice guys.
They just come, you know, home at night and go
to sleep, go to work early in the morning. But
(33:34):
I am wondering if my neighbor, she has told me
that how much she has put in her house, and
this is her retirement house, and she wishes I would
I would have just you know, bulldozed my home and
things like that. I know, I know she's not happy.
Speaker 3 (33:53):
No, I'm wondering. God, No, it's your house.
Speaker 2 (33:57):
You can do whatever the hell you want as long
as you or not, you know, have loud speakers in
her direction and you're playing music or radio at one
hundred and fifty decibels.
Speaker 3 (34:07):
It's your house. What's she going to sue you for?
Speaker 2 (34:10):
Let's let's say you Let's say you are asking me
if you can sue her. All right, let's reverse the situation.
Now it's your neighbor calling about you. What are you
asking for? What do you think she is asking for.
Speaker 10 (34:29):
That?
Speaker 8 (34:30):
If she if she tries to sell her house, she's
not going to get what she put into it.
Speaker 3 (34:35):
That's possible.
Speaker 8 (34:36):
I have an upgraded I haven't upgraded my house.
Speaker 2 (34:39):
Like, yeah, okay, so you have an upgraded your house.
What a court is going to order you to upgrade
your house? But I don't have the money, you're her?
Oh no, I don't care. I want you to upgrade
your house because your neighbor wants you to upgrade your house,
you don't worry about.
Speaker 8 (34:53):
Okay, Well you got me scared because there was a
call where somebody had tarp over their roof.
Speaker 9 (34:58):
One.
Speaker 2 (34:59):
Yeah, but that's different. But that's different. That is not
forcing you. This is that is a violation of law.
And that's what I was asking about. Was there an
ordinance that did not let you do that? And call
building in safety because now you have an unsafe condition
and you and the diminuation of your house, your house
(35:22):
not being torn down or remodeled to her specifications. Is
not a diminuation of her house. I mean she can
maybe it is, but that's her problem, it's not yours.
You are absolutely fine, okay, you do not worry about that.
That was a call earlier in which there was a
caller who's next door neighbor took the roof was out
(35:46):
and put this blue tarp and held it down with
old tires and it's been there for years doing that
and they can't sell the house because they're next door.
Very different, very different circumstances.
Speaker 3 (35:57):
Let me tell you about.
Speaker 2 (35:58):
Pain, and if you live in chronic pain, you know
what I'm talking about. I mean, it's there all the time,
and that's what's horrible about chronic pain. So The Pain
Game podcast is a podcast that deals with people who
are in chronic pain or know someone who is, treats
people and what it does is develop a community because
(36:21):
a lot of people in chronic pain feel alone, and
by the way, people have lost people to chronic pain.
This is one of those things where people can hurt
themselves because they just can't take it anymore. And the
Pain Game podcast deals with people that are hurting, that
have had trauma, and every episode ends with a message
of hope, and you'll understand that the show is about
(36:42):
giving pain purpose. Puts a different perspective on it, because
that's really all you can do with today's technology in
chronic pain is giving pain purpose. Listen to the show
wherever you listen to podcasts, The Pain Game Podcast, the
Pain Game Podcast on Social at The Pain Game Podcast.
(37:03):
Season three is now running around the Pain Game podcast.
Speaker 3 (37:09):
This is Handle on the Law. You've been listening to
the Bill Handle Show.
Speaker 2 (37:14):
Catch my show Monday through Friday, six am to nine am,
and anytime on demand on the iHeartRadio app.
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