Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:01):
You're listening to Bill Handle on demand from KFI AM
six forty.
Speaker 2 (00:09):
KFI AM six forty Bill Handle here on a Saturday morning,
two more hours to go. Number eight hundred five two
zero one five three four. We're pretty good phone calls,
but still top of the hour. We have lines open.
Eight hundred five two zero one five three four. This
(00:29):
is Handle on the law, marginal legal advice where I
tell you have absolutely no case and hopefully that is
what happens. I love those kinds of phone calls. Let
me tell you what happened in California. I always tell
you California because number one, I live here, and number two,
California is crazy state because all the social issues and
(00:52):
progress progressives live here. Whether whatever side of the coin
you're on politically, all the stuff happens here or in
many cases, okay, this has to do with cell phones.
There is a state law in California's not alone and
a prohibits drivers from texting or talking on a cell
phone while you're holding it. You can't do it. You
(01:14):
can't text and drive. And I got nailed on that
once and I'm not going to do that again. Now
here's what happened there's this guy, Nathaniel Porter was ticketed
after looking at a map while holding his phone in
his left hand and driving. So the cop ticketed him
(01:35):
and said, you are holding your phone and you're texting
or driving. Because all I was doing was looking at
my phone. I was looking at a map application either
ways or Google Maps, not texting, not talking, and so
(01:56):
look at the law, it just says texting or talking
holding the phone. So what ended up happening is lower
court said now, now no, and he paid the fin
one hundred and fifty eight dollars. Now that's surprising that
it's only one hundred and fifty eight dollars, because particularly
here in Los Angeles or southern California, you get a
(02:20):
ticket for ninety bucks, it's four hundred dollars. I mean,
the added attractions are they just keep on throwing fees
after fee after fee at you because it's a revenue
call and you really have no choice. So he contested,
and he said, I was not talking, I was not texting.
(02:40):
I was just looking at the map application. And the
State Court of Appeal said, nah, you know what texting
driving or looking at the cell application while holding your
phone is a no no can't do that. That's considered
(03:03):
texting and driving, and that was just decided by the
appeals court. Now the phone is mounted, then you can talk,
and you could look at the map for a second,
just a moment, because otherwise it's distracted driving, and then
do a swipe that you're allowed to do, but you're
(03:23):
not allowed to hold that phone. I mean, think about yeah,
I think about that. It is the same. If you're
holding it, you're not paying attention. But it kind of
interesting because if you're holding it not paying attention and
you're looking at a map, you're not paying attention, but
you don't have both hands on the wheel. So there
you go. Yep, yep, yep. The California State Court of
(03:48):
Appeal and said you are done. Finished. That's texting while driving.
Just don't hold your phone. You know, that's just not
a good idea. Why would you, I mean, everything shows
up on a map anyway. If you have a newer car,
it's on the screen and you can mount your phone.
I mean, why would you hold it anyway? Because where
(04:09):
do you put it? So it makes sense. All right,
let's go ahead and take some phone calls. Louise talking
about cars. Hey, Louise, Yes.
Speaker 3 (04:19):
Thanks for taking my call. In twenty twenty three, we
bought a Hyundai Santa Cruz. It was twenty twenty four.
The left flight has a design where it has a
black spot and when you drive, that black spot on
the left side follows you. Therefore, if anybody comes off
(04:41):
the curb, you don't see them until it's too late.
Speaker 2 (04:45):
Wow.
Speaker 3 (04:46):
If you do city driving, you do not see the
black spot. But we live in Arizona where there's not
a lot of city ry.
Speaker 2 (04:54):
When you talk about black spot, is that wait, black spot?
Is that a dead spot? I don't quite understand. It's
a dead spot that you can't see at one point.
All right, fair enough, So what's what is your question?
Speaker 3 (05:10):
Well, we tried going to attorney for Lemon law, but
that said, because it's a design, it does not follow
under the Lemon law.
Speaker 2 (05:20):
Yeah, because that's yeah, describe it. Yeah, designed out defects
are they don't do that? It's manufacturing a defects is
the problem, not design defects. That's what the Lemon law
is about. All right, So it has a dead spot.
Now here's a question. Have you been in an accident
as a result of that? No, okay, So let me
(05:43):
give you a rule of law, Louise. If my grandmother
had a pair of nerds go nads, she'd be my grandfather.
She is not my grandfather because she doesn't. You have
not been injured. You're not my grandfather. Now if something
(06:05):
happens to you, then okay, And you're gonna argue design defect.
By the way, Louis, that is a horrific lawsuit. If
you don't think that these these car manufacturers are going
to fight that with everything they have. The last thing
they need is a decision that they have a design defect.
(06:29):
That's usually the National Association and the Transportation Organization that's
you know, whoever oversees the auto industry and asking for
a recall and redesign it. They're going to fight it
like crazy. You're in way over your league on this one.
So here's your choice. You return the car and they're
(06:49):
gonna go too bad. He tried, Yeah, of course they're
going to go too bad. So you have a car
with a dead spot. That's all. Yep, that's it. I mean,
there's not much you can do. I mean, are they wrong?
Is it a design defect? Based on what you say?
It is, but you haven't been injured, so you're gonna
go in and ask for a judicial determination that this
(07:10):
is a car. What do you want? By the way,
let me ask you this, assuming you can get into
court and a lawyer would represent you, what do you want?
Speaker 3 (07:18):
I want them to repurchase the car, Okay, but I.
Speaker 4 (07:21):
Can buy another one.
Speaker 2 (07:23):
Okay, fair enough. That's what you're going to ask the
judge to do. You're going to ask the judge to
determine the car is defective. That's can you see the
problem with that? I do, Yeah, I mean that's uh,
it's don't buy that car again.
Speaker 5 (07:39):
I know.
Speaker 2 (07:39):
Let me tell you, I'd be upset too. Uh. You know,
unless I hit someone I didn't like, then then it's okay.
Speaker 6 (07:47):
Uh.
Speaker 2 (07:47):
Let me let me talk about being in pain. I
live with someone who is in pain constantly and chronic pain.
And she has a podcast called The Pain Game Podcast.
And I didn't know there was this kind of pain
until I met her, Amanda. She deal with it heroically.
She's got a great sense of humor. I mean, she's
(08:08):
bigger than life and deals with this kind of pain
like a trooper. And I didn't get it until she
started doing the Pain Game Podcast. And this is all
about helping people. That's how she deals with her pain.
Guests live with, dealt with, have treated those living in
pain and trauma, and she talks about her herself with
(08:29):
a lot of humor and a little bit of depravity too.
That's the Pain Game Podcast. Every episode ends with a
message of hope. And strangely enough, I didn't understand this either.
You'll understand the show is about giving pain purpose and
you'll know what I'm talking about if once you listen
to one of these podcasts. It's the Pain Game Podcast,
(08:49):
the Pain Game Podcast, Social Address At the Pain Game Podcast.
Season three just started dropping. That's the Pain Game Podcast.
This is Handle on the Law by eight and six
forty Bill Handle here on a Saturday morning. Welcome back
(09:09):
Handle on the Law, Marginal Legal Advice. Hello Peter, Welcome
to the show. What can I do for you?
Speaker 4 (09:16):
Hey, I'm asking about like a traffic tickets? M hm,
So how come Let's say I cross the double line,
go to the one and fast struck length and then
I got put over, I got a ticket, and later
on I drive in and then I see the police
officer and there's like other people that cross the line
to also doubt double line and he doesn't put them over.
Speaker 7 (09:38):
Yeah, that's like an unfair thing.
Speaker 2 (09:40):
Yeah, no, it's good. That's a good question.
Speaker 7 (09:42):
Speeding.
Speaker 2 (09:43):
Yeah, no, that's a good question with speeding. Like yeah,
so let me ask you this. Let's get practiced. No,
I get it, you can stop there. I understand. Unfair.
They choose one person that they're gonna go after, and
they let someone else who has done exactly the same thing. Okay,
let's do a practical matter. Because they decide and I've
said that, the police decide who they go after, and
(10:03):
if they don't want to, they don't. All right, three
people speeding? Okay, who do they go after? All three?
How does one cop go after three people? That's for starters.
Second of all, sometimes the cops don't care, and they
have they shouldn't. They should, in fact, go after anybody
(10:27):
who violates the law, Peter, that's all they would be
doing every minute of every day, I mean every second.
So someone has a gun to my head and I
call the police, there's nobody there because they're too busy
stopping everybody that goes How about this sixty six miles
(10:50):
an hour instead of sixty five miles an hour and
a sixty five mile an hour zone. So it's a
practical it's just a practical issue for one thing, and
the allows him because they're the ones that decide. So
what do you do? And you're right, And what you
said is other people were doing exactly what I did. Well, okay,
(11:12):
other people. Did you see one, two, three? And let's
say they're stopping you and pull you over and someone
else goes way over the speed limit right when you're
getting a ticket. Now, what is the cop supposed to do?
Stop the ticket right there and go after the speeder.
Actually I saw that once where a guy came up
(11:35):
and a cop told me about this, and he pulled
someone over for speeding, and he hadn't written the ticket
yet yet. At a guy zips passed at like ninety
miles an hour and the cop turned to the driver
that he was about the ticket, goes, you're lucky you
just got off the hook, and the cop jumped in
the car started chasing the guy who was doing ninety.
(11:57):
So there's the answer. It's a practical matter. Yeah, you
got to pay the ticket. And that's a good ticket too,
by the way, it's a really good ticket. Scotty, Hi Scotty,
Welcome Scotty.
Speaker 8 (12:11):
You there taking a call?
Speaker 2 (12:13):
Sure, I have a question.
Speaker 9 (12:15):
Oh I'm sick.
Speaker 8 (12:18):
I'm a teacher and I saw at work and I
broke my femur and now I have a titanium lot?
Speaker 3 (12:22):
Do I have a case?
Speaker 2 (12:23):
Okay, you're a teacher and you brought How did you
break your femur?
Speaker 10 (12:26):
What?
Speaker 2 (12:27):
What? What happened?
Speaker 3 (12:29):
I sell?
Speaker 5 (12:30):
Ah?
Speaker 2 (12:31):
And what did you fall over on?
Speaker 3 (12:34):
I was walking and I just saw I might book
got caught in a rut.
Speaker 2 (12:39):
Okay, So here's the bottom line. You sue whoever causes
or was involved in causing the damage because they were negligent.
All right, you have to have negligence there to sue.
What did the school do that you ended up falling?
Where are they negligent? Did you or did you just.
Speaker 8 (13:05):
Fall It's a good question.
Speaker 2 (13:08):
Yeah, no, it is a good question. And that is
the question. And if you just by your very answer,
there's nothing there. You know, you're allowed to be a klutz.
It's not everybody's fault that you just fall over and
hurt yourself. And you can't just assume that because you
do and you're on the school, you're on school property
or on private property or at a friend's home, and
(13:30):
you take a spill. They've done anything, They've done anything wrong.
So boy, do you have nothing there? Could you imagine
every time someone fell just because there were klutz or
because whoever they are walking with trip them by mistake. Oh,
I want to sue the property owner. Kathy, Hi, Kathy, Hello, yes, ma'am.
Speaker 6 (13:54):
Okay. So I went to a gas station on it
was actually thirty first, and I purchased two hard boiled
eggs shelled, and I was a Leary ballot.
Speaker 4 (14:08):
So I asked.
Speaker 6 (14:09):
I looked at the expiration date and it said July
thirty first, I mean July thirteenth. So I went home
and I said okay. And a week later, approximately week later,
I ate them and.
Speaker 3 (14:25):
I got sick.
Speaker 6 (14:26):
So I looked at the I looked at the expiration
date again. It was correct, and on the ingredients it's
just said eggs. But then on you know the nutrition
count thing, you know, the nutritional value thing, we list
all the you know, yeah, vitamin nules whatever, it said
(14:48):
sodium one hundred and thirty five grams, but they didn't
list that on the ingredients. And I did call the company.
It's in Minnesota. I won't name the company, but and
they did not answer the phone.
Speaker 2 (15:00):
Okay, all right, first, yeah, you want to know what
to do about it?
Speaker 7 (15:03):
Right?
Speaker 2 (15:04):
And you got sick and you got sick?
Speaker 7 (15:05):
How sick?
Speaker 6 (15:06):
How sick did you get?
Speaker 2 (15:09):
How sick did you get? Kathy?
Speaker 6 (15:13):
Oh well it was eggs, and I know it's how.
Speaker 2 (15:16):
Sick did you get? How sick did you get? I
threw up?
Speaker 5 (15:20):
Of course?
Speaker 2 (15:20):
Okay, you threw up? All right, Richie? Who is I
understand you almost fainded it. No, you can do that
with eggs that go past their expiration date. And I
know I understand. That's that's serious stuff. Richie. Let's start
with you. Who is my screener? I am tired of
people who ate eggs at a gas station and got sick.
(15:43):
All right, that's enough in terms of these calls. Don't
want any more this hour? Wow, that's for starting. Oh, Kathy,
you are going to get my attention on this one, okay.
And that is I think strangely enough, under those circumstances,
the courts have come back and given some pretty good
damages under because you have liability as to gas stations
(16:07):
and mislabeling of eggs where you get sick a week
later and they give you they put a date or sodium,
and they don't put it someplace else, They only put
it in one place. I think, Well, let me tell you,
I think you have a lawsuit there. That's probably a
quarter of a million dollars if I read it correctly. Yeah, no,
(16:31):
I am not kidding you. Yeah, there have been cases
out there exactly that boiled eggs out of a gas
station that are peeled that did have the correct expiration
date but didn't on another part of the packaging. Damn right.
(16:51):
Courts have been very, very leary of not giving big awards.
So I'm going to suggest you talk to a lawyer
who will help you out on that. Okay, tell me
how much I love doing this show. I mean, I
just love it all. I'll tell you what I'm having
(17:12):
a very difficult time doing, and that is my business
with the tariffs, and I had the problem with the
supply chain. It's just harder to do business these days.
And if you are in business, for example, you do
two million dollars or more in business. You've got a
business and you're dealing with accounting and you're dealing with
(17:33):
maybe inventory which I did, which I do financial management HR,
which if you have one employee you have to deal
with that, and it's all difficult stuff. So let me
make it really easy for you, and that is looking
at NetSuite dot com slash handle. NetSuite is the number
one cloud business management system, bringing all of it into
one efficient dashboard effectively accounting, financial management, inventory HR. That's
(18:00):
all taken care of by NetSuite easily instantly, allowing you
to do business, get business, stay with it, collect forecast,
which is very difficult these days. So let me suggest
downloading the free CFOs guide AI to aim machine learning
(18:21):
to see if NetSuite can work for you. And I'll
bet you a does, and forty thousand businesses have done
exactly this. So go to NetSuite dot com slash handle
net suite suite is an office suitees NetSuite dot com
slash handle. This is Handle on the Law.
Speaker 1 (18:41):
You're listening to bill handle on demand from KFI AM
six forty.
Speaker 2 (18:47):
PFI handle here on a Saturday morning. Eight hundred and
five two zero one, five three four is a number
to call for my kind of legal advice. Welcome back.
Handle on the Law marginal marginal legal advice Pepper, Hello Pepper.
Speaker 10 (19:03):
Welcome, Hi, thank you for taking my call. Sure, I
have a question, that's a question. I have dentres. That
means not one tooth in my mouth, that is now.
Speaker 2 (19:14):
One to You have no teeth, but you you have
an active sex life? Okay now es, yeah, go ahead.
So you have so you have dentures. Okay, uh? Now what.
Speaker 10 (19:28):
So I have to go for a re line because
the bottom tensor, you know, gums received, So you need
a re line. So this seed better, which I totally understand.
So they go in, they put some gunk in your mouth, happy,
bite down, and they make a form. What I don't
get is they they want to x ray my jaw
(19:51):
every sixth months in order to do this. So I refuse.
I refuse the x ray. I don't need to be
saved at. I don't have any teeth. I don't have
a problem with my chow. But they want to X
ray you, so I said no, I don't want one.
Then I say, Dan, we cannot give you every line
for your cheese.
Speaker 2 (20:12):
Okay.
Speaker 10 (20:12):
Do I have any rights here? Medical rights, my body,
my choice?
Speaker 2 (20:17):
Of course, of course, you have all the rights in
the world, your body, your choice. Uh, let me ask you. Uh,
since they're just saying, if you don't do this, this
is our practice. Uh, we're not going to treat you.
And so what are your rights? Well, you can call
the denture police and see if they'll go out and
(20:38):
arrest the dentist. But here's the bottom line. Your your
choice is to go there or not go there. What
they're saying is, hey, it's my practice, and our practice
is we x ray you because I'm not a dentist,
although my mother was, and we just want to see
if there's any movement in the jaw we're going to
That's that's our reasoning. So the only right you have, peppers,
(21:02):
just go to another dentist. They're not handcuffing you.
Speaker 10 (21:06):
No, they all want to x ray you.
Speaker 2 (21:09):
Okay, they so they all want to x ray you. Fine,
So what then don't? Then don't? Then don't then just
go to the store and buy that gum and put
your dentures in there and do it yourself. Or if
you want a steak dinner, put it into a blender
and you can have a steak milkshake. It's whatever you want.
(21:32):
But no, the bottom line Pepper is you can't force
someone or tell them I disagree with the way you
practice dentistry because well, Pepper, let me ask you this. Okay,
fair enough. My mom went to the University of So
Paulo Dental School in Brazil, where I was born, and
that was one of the premier dental schools in South America,
(21:53):
if not the pre premier dental school. Pepper, where did
you go to dental school? I did think you didn't
go to dental school. But you've decided that you should
not have an X ray when the dentist wants to
give it to you. All right, that's I get these questions.
(22:14):
I don't know why today I'm getting all these questions
like this. Some days. Some days nine, Hey, Aaron, welcome.
Speaker 5 (22:24):
Hello, thank you for call, for taking a call. Just
a mobile warehouse. Lean realized I have an asbesta shingle roof.
So when I go to sell it on the TDS,
it'll say clay tile, cementtile, blah blah blah, composite composite tile.
Should I mark a composite tile or should I specific
specifically say it's an asbestos shingle?
Speaker 2 (22:46):
Well, hang on a minute, hold on, I mean is
it is it clay or is it composite. I mean,
I've got a clay roof and it's a clay roof.
So at that point I'm a little.
Speaker 5 (22:58):
Confused because an as bessive shingle is is mixed.
Speaker 2 (23:02):
Okay, Okay, it's mixed. So uh, let me get this right,
because I'm not a roofer and you're going to teach
me something that I don't know. They make or did
make clay roofs which incorporated asbestos in the roof.
Speaker 5 (23:17):
No, it was a cement, a cement, okay, so that.
Speaker 2 (23:20):
In which in which asbestis was in it? Correct?
Speaker 5 (23:24):
Correct. That's why I'm I haven't you know, I don't understand.
Speaker 2 (23:28):
I understand. Okay, a couple of things here. I think
under the law you have a duty to tell a
buyer that there's asbestus in the house. I think that's
the case. Now you can try to get around it,
and you don't give a grant deed. Uh, that's for sure.
What you do is you give just a quick claim
deed and you tell the buyer it's on you. I'm
(23:48):
not guaranteeing anything. I'm not going to tell you anything
about this house.
Speaker 5 (23:51):
It's all on property.
Speaker 2 (23:54):
Uh, it's I'm sorry, it's what property.
Speaker 5 (23:58):
I don't know how to say the word.
Speaker 2 (23:59):
But cattle chattel property, I don't chattle is property, So
I don't quite under I.
Speaker 5 (24:07):
Was told that there was no grand deeds for that.
Speaker 2 (24:09):
Okay, well, okay, but that's property. Chattle is property. So
I'm confused. Maybe there's a term that I'm not aware of.
But here's the bottom line. If there is a statute
out there that says you must inform a buyer that
there's his bestess in the house, you have no choice
otherwise you're gonna get nailed.
Speaker 11 (24:28):
All right, that's for anyways.
Speaker 5 (24:30):
Correct.
Speaker 2 (24:31):
Well, yeah, but here's the other situation. If you're talking
about as best as being incorporated into the roof, into
the concrete, it may be sealed where it doesn't affect anything,
doesn't go into the atmosphere, no one can breathe it.
It's in the concrete. And you have to find that out.
And then you go ahead and you say that, you
(24:51):
tell them, yeah, there's the bestus in the concrete. It
means nothing. It means absolutely nothing. So just to yeah,
you have to be a little bit careful about But
I tell you if I'm buying your house, Aaron, and
you tell me, by the way, Bill there was asbestos
in this house. WHOA, I'm looking twice because I had
a house that was built in nineteen twenty seven and
(25:13):
it had as we were redoing the heating system and
the ducting around well the asbestos. Yeah, I was allligned
with asbestos insulation. Had to tear it all out, and man,
it was thousands and thousands of dollars. The guys come
in looking like they're in moonsuits now, a lot of
like astronauts coming in. But I think, I think you're
(25:35):
going to be okay if it's incorporated in the concrete,
and look at the law and to be safe, what
I would do is find out and you can ask
the real estate broker if asbestos is in the concrete.
You know, they mix it all together. I think you're
probably gonna be okay because it's not going to come out.
But yeah, I don't know if I answered that question
or not, But what the hell? Scott, Hi, Scott, welcome, Hi, Hi.
Speaker 7 (26:00):
I had an accident in using the bathroom in the gym.
It was a shower. I use the disability chair that
ripped off the wall as I was sitting.
Speaker 2 (26:16):
Oh wow, okay.
Speaker 7 (26:19):
So I reached out for the handle and I hurt
my hand?
Speaker 2 (26:23):
How badly? How badly? How badly did you hurt your hands? Shot?
Speaker 7 (26:27):
Not too bad, But I definitely injured the tending where
I got now a trigger finger, So I went to
the doctor. I reported it. So I used my hands
a lot, and they're very important. I got more upper
strain because of my lower back and little body and stuff.
Speaker 2 (26:45):
Are you are you a sperm donor by niche hands?
Speaker 7 (26:50):
Uh?
Speaker 2 (26:50):
No, okay, case that would be. The damages would be
far far higher if you were. All right, So what
do you do that you use your hands a lot?
Speaker 7 (27:00):
Well, just because of my upper body strength and I'm
dominanting upper body because of my leg. I got a
bad leg just by bird.
Speaker 2 (27:07):
Okay, all right, this whole this whole case is about damages.
That's where it's at, Scott, How badly were you injured?
That's this entire case.
Speaker 12 (27:18):
So the trigger finger, which is I know, is damage
and I know people that get operated on that, BUTO, okay,
for me, the hands are more important because of my
lower head.
Speaker 2 (27:29):
Yeah, no, I understand, And that makes no By the way,
that makes sense because of your disability, you rely more
on your hands than someone who was able to walk
and use their legs. Oh no, that's totally legitimate. You
know that's a personal injury. And now it's a question
of exploring. Uh, you know the value of where you are,
(27:52):
and you have some extenuating circumstances that I think affect
the case to your benefit legally, to or benefit not
necessarily you know, physically, to your benefit. I'm going to
suggest you talk. You talk to a personal injury lawyer
to go to my website, go to handle on the
Law dot com and you'll start getting some really good advice.
(28:14):
You'll talk probably to You'll probably talk to Mark so
handle on the Law dot com. And I think that
is one of those cases that makes makes a case.
And look at the extenuating circumstance disabled needs his hands
more than the rest of us would to be mobile
and injure the hand because the seat fell. Yeah, that
(28:37):
makes sense. This is handle on. Oh before we do that, okay,
before we take a break, I want to tell you
about something called the Pain Game podcast. And this is
for people who live in chronic pain. Know someone who
lives in chronic pain, which means pain all of the
time and or treats people and chronic pain if you've
(28:58):
been around it, I mean, this is really fun. I
live with someone who suffers from this, and I mean
she's a hero to me. I don't get it. The
pain sometimes is so intense. So what she did is
create something called the Pain Game Podcast. She does this
not only for her to deal with it, but to
help people. She gets a lot of solace from that.
And it's very funny at times, and sometimes it's very
(29:21):
serious and it's just worth listening to. So if you
live in chronic pain or you know someone who does,
let me suggest listening to the Pain Game Podcast. It
ends with a message of hope every single episode. Season
three just started dropping the Pain Game Podcast. Social address
(29:42):
at the Pain Game Podcast and wherever you listen to podcasts,
it's the Pain Game Podcast. This is Handle on the Law,
and this is KFI AM six forty. Don't handle here
on a Saturday morning, eight hundred and five to two
zero one five three four eight hundred and five two
(30:04):
zero one five three four and welcome back. Handle on
the Law, Marginal Legal Advice, Micaeh, Hello, Michael welcome readings.
Speaker 9 (30:15):
Hey, I during the last fire over there, uh in
January in LA, I was in Danpoint covering a fire
hydrant that had got hit by a car.
Speaker 7 (30:27):
What do you mean?
Speaker 2 (30:28):
Hold on? What do you mean you were covering? What
does that mean?
Speaker 9 (30:33):
I was investigating?
Speaker 2 (30:35):
Oh you're okay? What do you do that? You investigate
fire hydrants?
Speaker 9 (30:41):
Well, it was it was a it was a geyser.
So someone hit. Someone hit.
Speaker 2 (30:46):
No, I understand, But you said you were investigating it.
What what? What gives you the authority to investigate? Do
you work for some agency where that is part of
your job?
Speaker 7 (30:59):
Uh?
Speaker 9 (31:00):
Not exactly?
Speaker 2 (31:01):
Okay, well okay, not exactly. Okay, let's go back. Do
you work for a city agency that deals with fire hydrants?
Speaker 7 (31:14):
No?
Speaker 2 (31:14):
Okay, So you are a civilian that saw a geyser
where a fire hydrant was damage and there there has
and you were quote investigating it. I don't know what
that means, by the way you want to.
Speaker 9 (31:30):
There was I had heard on the news there was
a sewage leak about two miles inland. Okay, okay, And
then we're doing that, you know, we're having enough LA
fires and there.
Speaker 2 (31:42):
There's Yeah, I still want to know what I was investigating.
It means I don't know if you can, uh, you know,
give me a little bit more information on.
Speaker 9 (31:53):
That just I was out in public.
Speaker 2 (31:57):
Well, did we just lose him? I guess we did.
That's what happens with phone calls. If he comes back,
we'll put him on because it's uh, I really like
to get into that.
Speaker 8 (32:07):
Lulu, Hi, Lulu, Hey, good morning, Bill.
Speaker 12 (32:10):
How's it going?
Speaker 2 (32:11):
Go ahead?
Speaker 3 (32:12):
Question for you.
Speaker 8 (32:13):
Yeah, my sixty year old mom, she walked into Walgreens.
She fell, She hit her face on one of the shelves.
She did have an open gash on her eyebrow. We
took her to the emergency room. She needed, you know,
a care for that. So we received a call from
Walgreens insurance company saying that there's no claim. That would
not be reimbursing us for anything. I just wanted to see,
(32:35):
you know, do we have a claim? Is there a claim?
Speaker 2 (32:38):
Well, let me ask this. Okay, when you say she fell,
what how did she fall? Did she trip on something? Yeah?
Speaker 8 (32:45):
I asked her. She says she doesn't recall.
Speaker 2 (32:46):
She just doesn't.
Speaker 8 (32:47):
She remembers, you know, trying to bring.
Speaker 2 (32:49):
That's that's the problem. Yeah, Lulu, think about this. In
order for Walgreens to be responsible, they have to do
something wrong. They have to be negligent. Got your I'm
just falling. I mean the law allows her to be
a klutz. Uh and if she falls, she falls. I've
fallen before and it is no fun. Now the fact
(33:10):
that she fell and hit her head on a shelf,
how do you sell goods without a shelf? There?
Speaker 5 (33:17):
Right?
Speaker 8 (33:18):
Yeah?
Speaker 2 (33:18):
So yeah you can't? So there, yeah, so there, there
is nothing there. Walgreens is absolutely correct on that, Albert, Hi, Albert,
Albert love your show. Of course you hi?
Speaker 11 (33:32):
Okay, go ahead, you correct me up every Saturday. Thanks?
Speaker 7 (33:36):
So?
Speaker 11 (33:37):
Can so Security take my assets from my bank account
and lean my house and my savings that I have
in my trading account if they feel I owe them
over payments for the last two years. I'm sixtyfore I've
been taking it in some Okay, all.
Speaker 2 (33:56):
Right, I mean it's not so Security that does the
collect but I understand the feral government, Okay, how much?
So they're asking for their money back, right, Albert.
Speaker 11 (34:05):
Not yet, but I got a long story behind it
that it looks like they're going to send me a
letter saying that I'm going to have to, you know, pay.
Speaker 2 (34:14):
It back back.
Speaker 5 (34:15):
Okay.
Speaker 2 (34:15):
There when when they overpay by mistake, which they did,
no one did it on purpose. Excuse me, You've got
to pay it back. I mean they're entitled to their
money back if they've overpaid you. Okay. So with that,
the first thing you do is you negotiate with them
and you say, hey, I don't have the money. I
(34:35):
can't afford it. And you've got a very long series
of appeals going up. I mean, can they take bank accounts? Yeah,
they're not going to lean your house. That they don't do,
but certainly I mean, you know the irs can. But
this is not taxes. This is so security that you
got more money than not. I think you're gonna be okay,
(34:57):
but I when you get the left or you call
them and well, what you should do, and this is
what the law says. You let them know that you're
being overpaid and a mistake is being done. And it
depends on what they're going to do. For example, someone
dies and gets so security and so security is not
(35:18):
told about it for three months. They okay, fine, they
waive that. So hopefully you get someone that says, all right,
you know we've overpaid you leave it alone. How much
have they overpaid you per month?
Speaker 11 (35:31):
Well, the total they paid me in two years forty
eight grand?
Speaker 2 (35:35):
How much? How much over how much overpayment have they
given you? Overpayment?
Speaker 11 (35:41):
I don't know. You know they give me total about
forty eight grand. Okay, last two years.
Speaker 2 (35:45):
I understand. But you you know, there's a statement you
get from Social Security that says this is how much
you get. I get that statement all the time. So
you don't you don't know what you're entitled to at
this point, and you don't know what the overpayment is,
all right, So that's the first that's the first thing
you got to You have to call so Security and
find out and then starting negotiating because you don't want
(36:08):
to be at the back end of this after five
years and all of a sudden, we'd like you to
write a huge check. On the other hand, maybe maybe
it slips through the cracks. I've heard that happen before too. Man,
you got your choices there, all of them being bad.
Let me tell you how difficult it is uh to
uh rut No, you know what that's uh that's later on.
(36:29):
Uh Okay, let me tell you about Zelman's minty Mouth
mints or actually it's not even a mint, it's a
Zelman's minty mouth. That's them right here, and that's they
that these are them, I guess uh. These are little
capsules that are covered with a real good, strong mint,
and you suck on the mint like any min and
(36:51):
then instead of just being finished, the capsules are either
bit into or you swallow them. And where they get
to work after the min part in your mouth is
in your gut, where bad breath can start and stay
there for hours. I, for example, have coffee breath every
morning because I drink tons of coffee, and so in
(37:12):
order for me to actually feel good and have fresh
breadth for hours and hours, a couple of Zelmans, and
boy does that work. Zelman's mintiemuth far better than any
mint because it's a double hit in your mouth and
in your stomach. And here is their offer until July fourth,
twenty percent discount on a five pack. Go to Zelmans
(37:34):
dot com slash kfi twenty percent off on a five pack.
So it's Zelman's Zelmans dot com slash kfi, z E
L M I n s Zelmans dot com slash kfi.
This is handle on the law. You've been listening to
the Bill Handle Show. Catch my show Monday through Friday,
(37:56):
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):
KFI AM six forty Bill Handle here on a Saturday morning,
two more hours to go. Number eight hundred five two
zero one five three four. We're pretty good phone calls,
but still top of the hour. We have lines open.
Eight hundred five two zero one five three four. This
(00:29):
is Handle on the law, marginal legal advice where I
tell you have absolutely no case and hopefully that is
what happens. I love those kinds of phone calls. Let
me tell you what happened in California. I always tell
you California because number one, I live here, and number two,
California is crazy state because all the social issues and
(00:52):
progress progressives live here. Whether whatever side of the coin
you're on politically, all the stuff happens here or in
many cases, okay, this has to do with cell phones.
There is a state law in California's not alone and
a prohibits drivers from texting or talking on a cell
phone while you're holding it. You can't do it. You
(01:14):
can't text and drive. And I got nailed on that
once and I'm not going to do that again. Now
here's what happened there's this guy, Nathaniel Porter was ticketed
after looking at a map while holding his phone in
his left hand and driving. So the cop ticketed him
(01:35):
and said, you are holding your phone and you're texting
or driving. Because all I was doing was looking at
my phone. I was looking at a map application either
ways or Google Maps, not texting, not talking, and so
(01:56):
look at the law, it just says texting or talking
holding the phone. So what ended up happening is lower
court said now, now no, and he paid the fin
one hundred and fifty eight dollars. Now that's surprising that
it's only one hundred and fifty eight dollars, because particularly
here in Los Angeles or southern California, you get a
(02:20):
ticket for ninety bucks, it's four hundred dollars. I mean,
the added attractions are they just keep on throwing fees
after fee after fee at you because it's a revenue
call and you really have no choice. So he contested,
and he said, I was not talking, I was not texting.
(02:40):
I was just looking at the map application. And the
State Court of Appeal said, nah, you know what texting
driving or looking at the cell application while holding your
phone is a no no can't do that. That's considered
(03:03):
texting and driving, and that was just decided by the
appeals court. Now the phone is mounted, then you can talk,
and you could look at the map for a second,
just a moment, because otherwise it's distracted driving, and then
do a swipe that you're allowed to do, but you're
(03:23):
not allowed to hold that phone. I mean, think about yeah,
I think about that. It is the same. If you're
holding it, you're not paying attention. But it kind of
interesting because if you're holding it not paying attention and
you're looking at a map, you're not paying attention, but
you don't have both hands on the wheel. So there
you go. Yep, yep, yep. The California State Court of
(03:48):
Appeal and said you are done. Finished. That's texting while driving.
Just don't hold your phone. You know, that's just not
a good idea. Why would you, I mean, everything shows
up on a map anyway. If you have a newer car,
it's on the screen and you can mount your phone.
I mean, why would you hold it anyway? Because where
(04:09):
do you put it? So it makes sense. All right,
let's go ahead and take some phone calls. Louise talking
about cars. Hey, Louise, Yes.
Speaker 3 (04:19):
Thanks for taking my call. In twenty twenty three, we
bought a Hyundai Santa Cruz. It was twenty twenty four.
The left flight has a design where it has a
black spot and when you drive, that black spot on
the left side follows you. Therefore, if anybody comes off
(04:41):
the curb, you don't see them until it's too late.
Speaker 2 (04:45):
Wow.
Speaker 3 (04:46):
If you do city driving, you do not see the
black spot. But we live in Arizona where there's not
a lot of city ry.
Speaker 2 (04:54):
When you talk about black spot, is that wait, black spot?
Is that a dead spot? I don't quite understand. It's
a dead spot that you can't see at one point.
All right, fair enough, So what's what is your question?
Speaker 3 (05:10):
Well, we tried going to attorney for Lemon law, but
that said, because it's a design, it does not follow
under the Lemon law.
Speaker 2 (05:20):
Yeah, because that's yeah, describe it. Yeah, designed out defects
are they don't do that? It's manufacturing a defects is
the problem, not design defects. That's what the Lemon law
is about. All right, So it has a dead spot.
Now here's a question. Have you been in an accident
as a result of that? No, okay, So let me
(05:43):
give you a rule of law, Louise. If my grandmother
had a pair of nerds go nads, she'd be my grandfather.
She is not my grandfather because she doesn't. You have
not been injured. You're not my grandfather. Now if something
(06:05):
happens to you, then okay, And you're gonna argue design defect.
By the way, Louis, that is a horrific lawsuit. If
you don't think that these these car manufacturers are going
to fight that with everything they have. The last thing
they need is a decision that they have a design defect.
(06:29):
That's usually the National Association and the Transportation Organization that's
you know, whoever oversees the auto industry and asking for
a recall and redesign it. They're going to fight it
like crazy. You're in way over your league on this one.
So here's your choice. You return the car and they're
(06:49):
gonna go too bad. He tried, Yeah, of course they're
going to go too bad. So you have a car
with a dead spot. That's all. Yep, that's it. I mean,
there's not much you can do. I mean, are they wrong?
Is it a design defect? Based on what you say?
It is, but you haven't been injured, so you're gonna
go in and ask for a judicial determination that this
(07:10):
is a car. What do you want? By the way,
let me ask you this, assuming you can get into
court and a lawyer would represent you, what do you want?
Speaker 3 (07:18):
I want them to repurchase the car, Okay, but I.
Speaker 4 (07:21):
Can buy another one.
Speaker 2 (07:23):
Okay, fair enough. That's what you're going to ask the
judge to do. You're going to ask the judge to
determine the car is defective. That's can you see the
problem with that? I do, Yeah, I mean that's uh,
it's don't buy that car again.
Speaker 5 (07:39):
I know.
Speaker 2 (07:39):
Let me tell you, I'd be upset too. Uh. You know,
unless I hit someone I didn't like, then then it's okay.
Speaker 6 (07:47):
Uh.
Speaker 2 (07:47):
Let me let me talk about being in pain. I
live with someone who is in pain constantly and chronic pain.
And she has a podcast called The Pain Game Podcast.
And I didn't know there was this kind of pain
until I met her, Amanda. She deal with it heroically.
She's got a great sense of humor. I mean, she's
(08:08):
bigger than life and deals with this kind of pain
like a trooper. And I didn't get it until she
started doing the Pain Game Podcast. And this is all
about helping people. That's how she deals with her pain.
Guests live with, dealt with, have treated those living in
pain and trauma, and she talks about her herself with
(08:29):
a lot of humor and a little bit of depravity too.
That's the Pain Game Podcast. Every episode ends with a
message of hope. And strangely enough, I didn't understand this either.
You'll understand the show is about giving pain purpose and
you'll know what I'm talking about if once you listen
to one of these podcasts. It's the Pain Game Podcast,
(08:49):
the Pain Game Podcast, Social Address At the Pain Game Podcast.
Season three just started dropping. That's the Pain Game Podcast.
This is Handle on the Law by eight and six
forty Bill Handle here on a Saturday morning. Welcome back
(09:09):
Handle on the Law, Marginal Legal Advice. Hello Peter, Welcome
to the show. What can I do for you?
Speaker 4 (09:16):
Hey, I'm asking about like a traffic tickets? M hm,
So how come Let's say I cross the double line,
go to the one and fast struck length and then
I got put over, I got a ticket, and later
on I drive in and then I see the police
officer and there's like other people that cross the line
to also doubt double line and he doesn't put them over.
Speaker 7 (09:38):
Yeah, that's like an unfair thing.
Speaker 2 (09:40):
Yeah, no, it's good. That's a good question.
Speaker 7 (09:42):
Speeding.
Speaker 2 (09:43):
Yeah, no, that's a good question with speeding. Like yeah,
so let me ask you this. Let's get practiced. No,
I get it, you can stop there. I understand. Unfair.
They choose one person that they're gonna go after, and
they let someone else who has done exactly the same thing. Okay,
let's do a practical matter. Because they decide and I've
said that, the police decide who they go after, and
(10:03):
if they don't want to, they don't. All right, three
people speeding? Okay, who do they go after? All three?
How does one cop go after three people? That's for starters.
Second of all, sometimes the cops don't care, and they
have they shouldn't. They should, in fact, go after anybody
(10:27):
who violates the law, Peter, that's all they would be
doing every minute of every day, I mean every second.
So someone has a gun to my head and I
call the police, there's nobody there because they're too busy
stopping everybody that goes How about this sixty six miles
(10:50):
an hour instead of sixty five miles an hour and
a sixty five mile an hour zone. So it's a
practical it's just a practical issue for one thing, and
the allows him because they're the ones that decide. So
what do you do? And you're right, And what you
said is other people were doing exactly what I did. Well, okay,
(11:12):
other people. Did you see one, two, three? And let's
say they're stopping you and pull you over and someone
else goes way over the speed limit right when you're
getting a ticket. Now, what is the cop supposed to do?
Stop the ticket right there and go after the speeder.
Actually I saw that once where a guy came up
(11:35):
and a cop told me about this, and he pulled
someone over for speeding, and he hadn't written the ticket
yet yet. At a guy zips passed at like ninety
miles an hour and the cop turned to the driver
that he was about the ticket, goes, you're lucky you
just got off the hook, and the cop jumped in
the car started chasing the guy who was doing ninety.
(11:57):
So there's the answer. It's a practical matter. Yeah, you
got to pay the ticket. And that's a good ticket too,
by the way, it's a really good ticket. Scotty, Hi Scotty,
Welcome Scotty.
Speaker 8 (12:11):
You there taking a call?
Speaker 2 (12:13):
Sure, I have a question.
Speaker 9 (12:15):
Oh I'm sick.
Speaker 8 (12:18):
I'm a teacher and I saw at work and I
broke my femur and now I have a titanium lot?
Speaker 3 (12:22):
Do I have a case?
Speaker 2 (12:23):
Okay, you're a teacher and you brought How did you
break your femur?
Speaker 10 (12:26):
What?
Speaker 2 (12:27):
What? What happened?
Speaker 3 (12:29):
I sell?
Speaker 5 (12:30):
Ah?
Speaker 2 (12:31):
And what did you fall over on?
Speaker 3 (12:34):
I was walking and I just saw I might book
got caught in a rut.
Speaker 2 (12:39):
Okay, So here's the bottom line. You sue whoever causes
or was involved in causing the damage because they were negligent.
All right, you have to have negligence there to sue.
What did the school do that you ended up falling?
Where are they negligent? Did you or did you just.
Speaker 8 (13:05):
Fall It's a good question.
Speaker 2 (13:08):
Yeah, no, it is a good question. And that is
the question. And if you just by your very answer,
there's nothing there. You know, you're allowed to be a klutz.
It's not everybody's fault that you just fall over and
hurt yourself. And you can't just assume that because you
do and you're on the school, you're on school property
or on private property or at a friend's home, and
(13:30):
you take a spill. They've done anything, They've done anything wrong.
So boy, do you have nothing there? Could you imagine
every time someone fell just because there were klutz or
because whoever they are walking with trip them by mistake. Oh,
I want to sue the property owner. Kathy, Hi, Kathy, Hello, yes, ma'am.
Speaker 6 (13:54):
Okay. So I went to a gas station on it
was actually thirty first, and I purchased two hard boiled
eggs shelled, and I was a Leary ballot.
Speaker 4 (14:08):
So I asked.
Speaker 6 (14:09):
I looked at the expiration date and it said July
thirty first, I mean July thirteenth. So I went home
and I said okay. And a week later, approximately week later,
I ate them and.
Speaker 3 (14:25):
I got sick.
Speaker 6 (14:26):
So I looked at the I looked at the expiration
date again. It was correct, and on the ingredients it's
just said eggs. But then on you know the nutrition
count thing, you know, the nutritional value thing, we list
all the you know, yeah, vitamin nules whatever, it said
(14:48):
sodium one hundred and thirty five grams, but they didn't
list that on the ingredients. And I did call the company.
It's in Minnesota. I won't name the company, but and
they did not answer the phone.
Speaker 2 (15:00):
Okay, all right, first, yeah, you want to know what
to do about it?
Speaker 7 (15:03):
Right?
Speaker 2 (15:04):
And you got sick and you got sick?
Speaker 7 (15:05):
How sick?
Speaker 6 (15:06):
How sick did you get?
Speaker 2 (15:09):
How sick did you get? Kathy?
Speaker 6 (15:13):
Oh well it was eggs, and I know it's how.
Speaker 2 (15:16):
Sick did you get? How sick did you get? I
threw up?
Speaker 5 (15:20):
Of course?
Speaker 2 (15:20):
Okay, you threw up? All right, Richie? Who is I
understand you almost fainded it. No, you can do that
with eggs that go past their expiration date. And I
know I understand. That's that's serious stuff. Richie. Let's start
with you. Who is my screener? I am tired of
people who ate eggs at a gas station and got sick.
(15:43):
All right, that's enough in terms of these calls. Don't
want any more this hour? Wow, that's for starting. Oh, Kathy,
you are going to get my attention on this one, okay.
And that is I think strangely enough, under those circumstances,
the courts have come back and given some pretty good
damages under because you have liability as to gas stations
(16:07):
and mislabeling of eggs where you get sick a week
later and they give you they put a date or sodium,
and they don't put it someplace else, They only put
it in one place. I think, Well, let me tell you,
I think you have a lawsuit there. That's probably a
quarter of a million dollars if I read it correctly. Yeah, no,
(16:31):
I am not kidding you. Yeah, there have been cases
out there exactly that boiled eggs out of a gas
station that are peeled that did have the correct expiration
date but didn't on another part of the packaging. Damn right.
(16:51):
Courts have been very, very leary of not giving big awards.
So I'm going to suggest you talk to a lawyer
who will help you out on that. Okay, tell me
how much I love doing this show. I mean, I
just love it all. I'll tell you what I'm having
(17:12):
a very difficult time doing, and that is my business
with the tariffs, and I had the problem with the
supply chain. It's just harder to do business these days.
And if you are in business, for example, you do
two million dollars or more in business. You've got a
business and you're dealing with accounting and you're dealing with
(17:33):
maybe inventory which I did, which I do financial management HR,
which if you have one employee you have to deal
with that, and it's all difficult stuff. So let me
make it really easy for you, and that is looking
at NetSuite dot com slash handle. NetSuite is the number
one cloud business management system, bringing all of it into
one efficient dashboard effectively accounting, financial management, inventory HR. That's
(18:00):
all taken care of by NetSuite easily instantly, allowing you
to do business, get business, stay with it, collect forecast,
which is very difficult these days. So let me suggest
downloading the free CFOs guide AI to aim machine learning
(18:21):
to see if NetSuite can work for you. And I'll
bet you a does, and forty thousand businesses have done
exactly this. So go to NetSuite dot com slash handle
net suite suite is an office suitees NetSuite dot com
slash handle. This is Handle on the Law.
Speaker 1 (18:41):
You're listening to bill handle on demand from KFI AM
six forty.
Speaker 2 (18:47):
PFI handle here on a Saturday morning. Eight hundred and
five two zero one, five three four is a number
to call for my kind of legal advice. Welcome back.
Handle on the Law marginal marginal legal advice Pepper, Hello Pepper.
Speaker 10 (19:03):
Welcome, Hi, thank you for taking my call. Sure, I
have a question, that's a question. I have dentres. That
means not one tooth in my mouth, that is now.
Speaker 2 (19:14):
One to You have no teeth, but you you have
an active sex life? Okay now es, yeah, go ahead.
So you have so you have dentures. Okay, uh? Now what.
Speaker 10 (19:28):
So I have to go for a re line because
the bottom tensor, you know, gums received, So you need
a re line. So this seed better, which I totally understand.
So they go in, they put some gunk in your mouth, happy,
bite down, and they make a form. What I don't
get is they they want to x ray my jaw
(19:51):
every sixth months in order to do this. So I refuse.
I refuse the x ray. I don't need to be
saved at. I don't have any teeth. I don't have
a problem with my chow. But they want to X
ray you, so I said no, I don't want one.
Then I say, Dan, we cannot give you every line
for your cheese.
Speaker 2 (20:12):
Okay.
Speaker 10 (20:12):
Do I have any rights here? Medical rights, my body,
my choice?
Speaker 2 (20:17):
Of course, of course, you have all the rights in
the world, your body, your choice. Uh, let me ask you. Uh,
since they're just saying, if you don't do this, this
is our practice. Uh, we're not going to treat you.
And so what are your rights? Well, you can call
the denture police and see if they'll go out and
(20:38):
arrest the dentist. But here's the bottom line. Your your
choice is to go there or not go there. What
they're saying is, hey, it's my practice, and our practice
is we x ray you because I'm not a dentist,
although my mother was, and we just want to see
if there's any movement in the jaw we're going to
That's that's our reasoning. So the only right you have, peppers,
(21:02):
just go to another dentist. They're not handcuffing you.
Speaker 10 (21:06):
No, they all want to x ray you.
Speaker 2 (21:09):
Okay, they so they all want to x ray you. Fine,
So what then don't? Then don't? Then don't then just
go to the store and buy that gum and put
your dentures in there and do it yourself. Or if
you want a steak dinner, put it into a blender
and you can have a steak milkshake. It's whatever you want.
(21:32):
But no, the bottom line Pepper is you can't force
someone or tell them I disagree with the way you
practice dentistry because well, Pepper, let me ask you this. Okay,
fair enough. My mom went to the University of So
Paulo Dental School in Brazil, where I was born, and
that was one of the premier dental schools in South America,
(21:53):
if not the pre premier dental school. Pepper, where did
you go to dental school? I did think you didn't
go to dental school. But you've decided that you should
not have an X ray when the dentist wants to
give it to you. All right, that's I get these questions.
(22:14):
I don't know why today I'm getting all these questions
like this. Some days. Some days nine, Hey, Aaron, welcome.
Speaker 5 (22:24):
Hello, thank you for call, for taking a call. Just
a mobile warehouse. Lean realized I have an asbesta shingle roof.
So when I go to sell it on the TDS,
it'll say clay tile, cementtile, blah blah blah, composite composite tile.
Should I mark a composite tile or should I specific
specifically say it's an asbestos shingle?
Speaker 2 (22:46):
Well, hang on a minute, hold on, I mean is
it is it clay or is it composite. I mean,
I've got a clay roof and it's a clay roof.
So at that point I'm a little.
Speaker 5 (22:58):
Confused because an as bessive shingle is is mixed.
Speaker 2 (23:02):
Okay, Okay, it's mixed. So uh, let me get this right,
because I'm not a roofer and you're going to teach
me something that I don't know. They make or did
make clay roofs which incorporated asbestos in the roof.
Speaker 5 (23:17):
No, it was a cement, a cement, okay, so that.
Speaker 2 (23:20):
In which in which asbestis was in it? Correct?
Speaker 5 (23:24):
Correct. That's why I'm I haven't you know, I don't understand.
Speaker 2 (23:28):
I understand. Okay, a couple of things here. I think
under the law you have a duty to tell a
buyer that there's asbestus in the house. I think that's
the case. Now you can try to get around it,
and you don't give a grant deed. Uh, that's for sure.
What you do is you give just a quick claim
deed and you tell the buyer it's on you. I'm
(23:48):
not guaranteeing anything. I'm not going to tell you anything
about this house.
Speaker 5 (23:51):
It's all on property.
Speaker 2 (23:54):
Uh, it's I'm sorry, it's what property.
Speaker 5 (23:58):
I don't know how to say the word.
Speaker 2 (23:59):
But cattle chattel property, I don't chattle is property, So
I don't quite under I.
Speaker 5 (24:07):
Was told that there was no grand deeds for that.
Speaker 2 (24:09):
Okay, well, okay, but that's property. Chattle is property. So
I'm confused. Maybe there's a term that I'm not aware of.
But here's the bottom line. If there is a statute
out there that says you must inform a buyer that
there's his bestess in the house, you have no choice
otherwise you're gonna get nailed.
Speaker 11 (24:28):
All right, that's for anyways.
Speaker 5 (24:30):
Correct.
Speaker 2 (24:31):
Well, yeah, but here's the other situation. If you're talking
about as best as being incorporated into the roof, into
the concrete, it may be sealed where it doesn't affect anything,
doesn't go into the atmosphere, no one can breathe it.
It's in the concrete. And you have to find that out.
And then you go ahead and you say that, you
(24:51):
tell them, yeah, there's the bestus in the concrete. It
means nothing. It means absolutely nothing. So just to yeah,
you have to be a little bit careful about But
I tell you if I'm buying your house, Aaron, and
you tell me, by the way, Bill there was asbestos
in this house. WHOA, I'm looking twice because I had
a house that was built in nineteen twenty seven and
(25:13):
it had as we were redoing the heating system and
the ducting around well the asbestos. Yeah, I was allligned
with asbestos insulation. Had to tear it all out, and man,
it was thousands and thousands of dollars. The guys come
in looking like they're in moonsuits now, a lot of
like astronauts coming in. But I think, I think you're
(25:35):
going to be okay if it's incorporated in the concrete,
and look at the law and to be safe, what
I would do is find out and you can ask
the real estate broker if asbestos is in the concrete.
You know, they mix it all together. I think you're
probably gonna be okay because it's not going to come out.
But yeah, I don't know if I answered that question
or not, But what the hell? Scott, Hi, Scott, welcome, Hi, Hi.
Speaker 7 (26:00):
I had an accident in using the bathroom in the gym.
It was a shower. I use the disability chair that
ripped off the wall as I was sitting.
Speaker 2 (26:16):
Oh wow, okay.
Speaker 7 (26:19):
So I reached out for the handle and I hurt
my hand?
Speaker 2 (26:23):
How badly? How badly? How badly did you hurt your hands? Shot?
Speaker 7 (26:27):
Not too bad, But I definitely injured the tending where
I got now a trigger finger, So I went to
the doctor. I reported it. So I used my hands
a lot, and they're very important. I got more upper
strain because of my lower back and little body and stuff.
Speaker 2 (26:45):
Are you are you a sperm donor by niche hands?
Speaker 7 (26:50):
Uh?
Speaker 2 (26:50):
No, okay, case that would be. The damages would be
far far higher if you were. All right, So what
do you do that you use your hands a lot?
Speaker 7 (27:00):
Well, just because of my upper body strength and I'm
dominanting upper body because of my leg. I got a
bad leg just by bird.
Speaker 2 (27:07):
Okay, all right, this whole this whole case is about damages.
That's where it's at, Scott, How badly were you injured?
That's this entire case.
Speaker 12 (27:18):
So the trigger finger, which is I know, is damage
and I know people that get operated on that, BUTO, okay,
for me, the hands are more important because of my
lower head.
Speaker 2 (27:29):
Yeah, no, I understand, And that makes no By the way,
that makes sense because of your disability, you rely more
on your hands than someone who was able to walk
and use their legs. Oh no, that's totally legitimate. You
know that's a personal injury. And now it's a question
of exploring. Uh, you know the value of where you are,
(27:52):
and you have some extenuating circumstances that I think affect
the case to your benefit legally, to or benefit not
necessarily you know, physically, to your benefit. I'm going to
suggest you talk. You talk to a personal injury lawyer
to go to my website, go to handle on the
Law dot com and you'll start getting some really good advice.
(28:14):
You'll talk probably to You'll probably talk to Mark so
handle on the Law dot com. And I think that
is one of those cases that makes makes a case.
And look at the extenuating circumstance disabled needs his hands
more than the rest of us would to be mobile
and injure the hand because the seat fell. Yeah, that
(28:37):
makes sense. This is handle on. Oh before we do that, okay,
before we take a break, I want to tell you
about something called the Pain Game podcast. And this is
for people who live in chronic pain. Know someone who
lives in chronic pain, which means pain all of the
time and or treats people and chronic pain if you've
(28:58):
been around it, I mean, this is really fun. I
live with someone who suffers from this, and I mean
she's a hero to me. I don't get it. The
pain sometimes is so intense. So what she did is
create something called the Pain Game Podcast. She does this
not only for her to deal with it, but to
help people. She gets a lot of solace from that.
And it's very funny at times, and sometimes it's very
(29:21):
serious and it's just worth listening to. So if you
live in chronic pain or you know someone who does,
let me suggest listening to the Pain Game Podcast. It
ends with a message of hope every single episode. Season
three just started dropping the Pain Game Podcast. Social address
(29:42):
at the Pain Game Podcast and wherever you listen to podcasts,
it's the Pain Game Podcast. This is Handle on the Law,
and this is KFI AM six forty. Don't handle here
on a Saturday morning, eight hundred and five to two
zero one five three four eight hundred and five two
(30:04):
zero one five three four and welcome back. Handle on
the Law, Marginal Legal Advice, Micaeh, Hello, Michael welcome readings.
Speaker 9 (30:15):
Hey, I during the last fire over there, uh in
January in LA, I was in Danpoint covering a fire
hydrant that had got hit by a car.
Speaker 7 (30:27):
What do you mean?
Speaker 2 (30:28):
Hold on? What do you mean you were covering? What
does that mean?
Speaker 9 (30:33):
I was investigating?
Speaker 2 (30:35):
Oh you're okay? What do you do that? You investigate
fire hydrants?
Speaker 9 (30:41):
Well, it was it was a it was a geyser.
So someone hit. Someone hit.
Speaker 2 (30:46):
No, I understand, But you said you were investigating it.
What what? What gives you the authority to investigate? Do
you work for some agency where that is part of
your job?
Speaker 7 (30:59):
Uh?
Speaker 9 (31:00):
Not exactly?
Speaker 2 (31:01):
Okay, well okay, not exactly. Okay, let's go back. Do
you work for a city agency that deals with fire hydrants?
Speaker 7 (31:14):
No?
Speaker 2 (31:14):
Okay, So you are a civilian that saw a geyser
where a fire hydrant was damage and there there has
and you were quote investigating it. I don't know what
that means, by the way you want to.
Speaker 9 (31:30):
There was I had heard on the news there was
a sewage leak about two miles inland. Okay, okay, And
then we're doing that, you know, we're having enough LA
fires and there.
Speaker 2 (31:42):
There's Yeah, I still want to know what I was investigating.
It means I don't know if you can, uh, you know,
give me a little bit more information on.
Speaker 9 (31:53):
That just I was out in public.
Speaker 2 (31:57):
Well, did we just lose him? I guess we did.
That's what happens with phone calls. If he comes back,
we'll put him on because it's uh, I really like
to get into that.
Speaker 8 (32:07):
Lulu, Hi, Lulu, Hey, good morning, Bill.
Speaker 12 (32:10):
How's it going?
Speaker 2 (32:11):
Go ahead?
Speaker 3 (32:12):
Question for you.
Speaker 8 (32:13):
Yeah, my sixty year old mom, she walked into Walgreens.
She fell, She hit her face on one of the shelves.
She did have an open gash on her eyebrow. We
took her to the emergency room. She needed, you know,
a care for that. So we received a call from
Walgreens insurance company saying that there's no claim. That would
not be reimbursing us for anything. I just wanted to see,
(32:35):
you know, do we have a claim? Is there a claim?
Speaker 2 (32:38):
Well, let me ask this. Okay, when you say she fell,
what how did she fall? Did she trip on something? Yeah?
Speaker 8 (32:45):
I asked her. She says she doesn't recall.
Speaker 2 (32:46):
She just doesn't.
Speaker 8 (32:47):
She remembers, you know, trying to bring.
Speaker 2 (32:49):
That's that's the problem. Yeah, Lulu, think about this. In
order for Walgreens to be responsible, they have to do
something wrong. They have to be negligent. Got your I'm
just falling. I mean the law allows her to be
a klutz. Uh and if she falls, she falls. I've
fallen before and it is no fun. Now the fact
(33:10):
that she fell and hit her head on a shelf,
how do you sell goods without a shelf? There?
Speaker 5 (33:17):
Right?
Speaker 8 (33:18):
Yeah?
Speaker 2 (33:18):
So yeah you can't? So there, yeah, so there, there
is nothing there. Walgreens is absolutely correct on that, Albert, Hi, Albert,
Albert love your show. Of course you hi?
Speaker 11 (33:32):
Okay, go ahead, you correct me up every Saturday. Thanks?
Speaker 7 (33:36):
So?
Speaker 11 (33:37):
Can so Security take my assets from my bank account
and lean my house and my savings that I have
in my trading account if they feel I owe them
over payments for the last two years. I'm sixtyfore I've
been taking it in some Okay, all.
Speaker 2 (33:56):
Right, I mean it's not so Security that does the
collect but I understand the feral government, Okay, how much?
So they're asking for their money back, right, Albert.
Speaker 11 (34:05):
Not yet, but I got a long story behind it
that it looks like they're going to send me a
letter saying that I'm going to have to, you know, pay.
Speaker 2 (34:14):
It back back.
Speaker 5 (34:15):
Okay.
Speaker 2 (34:15):
There when when they overpay by mistake, which they did,
no one did it on purpose. Excuse me, You've got
to pay it back. I mean they're entitled to their
money back if they've overpaid you. Okay. So with that,
the first thing you do is you negotiate with them
and you say, hey, I don't have the money. I
(34:35):
can't afford it. And you've got a very long series
of appeals going up. I mean, can they take bank accounts? Yeah,
they're not going to lean your house. That they don't do,
but certainly I mean, you know the irs can. But
this is not taxes. This is so security that you
got more money than not. I think you're gonna be okay,
(34:57):
but I when you get the left or you call
them and well, what you should do, and this is
what the law says. You let them know that you're
being overpaid and a mistake is being done. And it
depends on what they're going to do. For example, someone
dies and gets so security and so security is not
(35:18):
told about it for three months. They okay, fine, they
waive that. So hopefully you get someone that says, all right,
you know we've overpaid you leave it alone. How much
have they overpaid you per month?
Speaker 11 (35:31):
Well, the total they paid me in two years forty
eight grand?
Speaker 2 (35:35):
How much? How much over how much overpayment have they
given you? Overpayment?
Speaker 11 (35:41):
I don't know. You know they give me total about
forty eight grand. Okay, last two years.
Speaker 2 (35:45):
I understand. But you you know, there's a statement you
get from Social Security that says this is how much
you get. I get that statement all the time. So
you don't you don't know what you're entitled to at
this point, and you don't know what the overpayment is,
all right, So that's the first that's the first thing
you got to You have to call so Security and
find out and then starting negotiating because you don't want
(36:08):
to be at the back end of this after five
years and all of a sudden, we'd like you to
write a huge check. On the other hand, maybe maybe
it slips through the cracks. I've heard that happen before too. Man,
you got your choices there, all of them being bad.
Let me tell you how difficult it is uh to
uh rut No, you know what that's uh that's later on.
(36:29):
Uh Okay, let me tell you about Zelman's minty Mouth
mints or actually it's not even a mint, it's a
Zelman's minty mouth. That's them right here, and that's they
that these are them, I guess uh. These are little
capsules that are covered with a real good, strong mint,
and you suck on the mint like any min and
(36:51):
then instead of just being finished, the capsules are either
bit into or you swallow them. And where they get
to work after the min part in your mouth is
in your gut, where bad breath can start and stay
there for hours. I, for example, have coffee breath every
morning because I drink tons of coffee, and so in
(37:12):
order for me to actually feel good and have fresh
breadth for hours and hours, a couple of Zelmans, and
boy does that work. Zelman's mintiemuth far better than any
mint because it's a double hit in your mouth and
in your stomach. And here is their offer until July fourth,
twenty percent discount on a five pack. Go to Zelmans
(37:34):
dot com slash kfi twenty percent off on a five pack.
So it's Zelman's Zelmans dot com slash kfi, z E
L M I n s Zelmans dot com slash kfi.
This is handle on the law. You've been listening to
the Bill Handle Show. Catch my show Monday through Friday,
(37:56):
six am to nine am, and anytime on demand on
the iHeartRadio app.
Popular Podcasts
Stuff You Should Know
If you've ever wanted to know about champagne, satanism, the Stonewall Uprising, chaos theory, LSD, El Nino, true crime and Rosa Parks, then look no further. Josh and Chuck have you covered.
Dateline NBC
Current and classic episodes, featuring compelling true-crime mysteries, powerful documentaries and in-depth investigations. Follow now to get the latest episodes of Dateline NBC completely free, or subscribe to Dateline Premium for ad-free listening and exclusive bonus content: DatelinePremium.com
24/7 News: The Latest
The latest news in 4 minutes updated every hour, every day.