Episode Transcript
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Speaker 1 (00:01):
You're listening to Bill Handle on demand from kf I
am six forty.
Speaker 2 (00:09):
I Handle here on a Saturday morning. Nice to be back, actually,
you know, sitting back, and I haven't done this for
a couple of weeks. Phone number if you'd like to
call and ask a legal question, of which I'm going
to give you marginal legal advice, sometimes horrible legal advice,
to be honest with you once in a great while,
(00:29):
good legal advice, and then you can calendar that because
it just doesn't happen all that often. And I you know,
I'm joking about this, because you know my advice is phenomenal. No,
not really. I love talking to lawyers who always go, Bill,
what are you doing? What are you doing? And these
are specialists in insert name of field here. I go, Hey,
you know what can I tell you? I've been doing
this for decades and you know I have a good
(00:52):
time with it. The phone number here eight hundred five
two zero one five three four, eight hundred five two
zero one five three four, top of the hour. Best
time to call this is Handle on the low marginal
legal advice, where I tell you you have absolutely no case.
(01:12):
The Supreme Court ruled unanimously and that doesn't happen very often,
not with this court that the Food and Drug Administration
properly rejected applications from e vape companies to market fruit
and dessert flavored liquids for electronic cigarettes esigs that the agency,
(01:37):
the FDA says are popular with young people and risks
getting young people hooked on nicotine. Now, there was a
lower court ruling. A couple of companies went against the FDA.
The FDA said, no, you cannot market these products, especially
(01:57):
when we think that they are aimed at kids. And
the FDA has its rules, and one of them is
the application before a product could be marketed. Well, these
companies went to court after the FDA said no, and
lower court judge said, you know what, companies, you're absolutely
right that the agency unfairly shifted its standards for approving
(02:23):
e cigarette liquids when ruling on applications from two companies
wanted to sell new products with names like Jimmy the
Juice Man, Peachey Strawberry, Suicide, Bunny Mothers Milk and Cookies,
iced lemonade, and Killer Custard blueberry and that custard with
(02:44):
a K. Certainly it doesn't sound like they're marketing kids
for kids to be And so Justine Samuel Ledo wrote
the opinion. The unanum's opinion said, you know what, the
FDA when rejecting these applications, it was consistent with the
guidance that had given companies seeking to win approval. And
(03:07):
then he went on to say the potential dangers of
flavored E siggs, and then he went on beyond that
and now starts backing up. The decision doesn't have to.
The court can just say yay or nay and not
come in at all. But here the court thought it
was important, and Alito thought was important to lay out
the reasoning, and he wrote that the FDA rejection was
(03:30):
sufficiently consistent with the guidance that had given, and he
talked about potential dangers, and he mentioned that there is
a decade's old estimate and it found that there were
seventy seven hundred unique E liquid flavors. Right, basically, tobacco
(03:52):
siggs have two flavors and that is just plain old
tobacco flavor and menthol and now seventy seven hundred unique
flavors fruit, candy, dessert flavors appealing to non smokers. So
cigarette companies. These two companies are out of luck. So
(04:14):
you're not going to be able to buy Sunny Bunny
Mother's milk and cookies flavor. That's a tough one. I
feel very bad for those companies. All right, phone calls
Lydia tattooed lady, Hello, Lydia, welcome, Yes.
Speaker 3 (04:29):
I do. Finally, So, about two and a half weeks ago,
at a parking lot, I was key bone by a
woman that didn't turn back to see that I was
right in back of her. She was waiting for her
for her food at McDonald's. She went through the drive
through and they tell her go in and spawn number one,
two and three.
Speaker 2 (04:49):
All right, so she all right, so she tea boned you.
I don't think, all right, let's just move on from there.
I don't have to know which spot she was at,
so what happened?
Speaker 3 (04:58):
Okay, I was right about your right in back of
her to stop. There's a stop right in backup where
people park. And she didn't look back, and she.
Speaker 2 (05:05):
Teemed it doesn't matter. I'm letty, you don't have to
go through it. She t boned you. Your she's at fault. Now,
let's move on from there.
Speaker 3 (05:13):
Okay, So I am fifty seven years old. I have
an ostroporosis and arthritis. I was fine, my car is damaged.
They took responsibility. Her insurance is taking responsibility. But that
happened on a Thursday, On Friday, Saturday, and Sunday, I
was fine. On Monday, I started getting pain on my neck.
(05:33):
Called my doctor to make an appointment. I went to
the year on Tuesday. I'm still experiencing pain. I'm going
to the doctor getting MRIs down the next race. And
they're still they're sending me to physicult therapy.
Speaker 2 (05:46):
So, okay, what's what's your question?
Speaker 3 (05:49):
I just want to know if you think I have
a case.
Speaker 2 (05:51):
With any answer is yes, yes, The answer is you
have a case. Now I'm going to tell you to
go one step further because you have developed pain even
several days later, and the defense that's going to be well, no,
the insurance company has already said they've just accepted responsibility.
Now it's a question of damages. They're going to say,
(06:13):
you know you've got osteoporosis, it developed days later. A
lot could have happened, and they're going to try to
get the amount of money which they're going to pay
you less than you could get otherwise. So this is
where a personal injury lawyer comes into play, because let
me tell you what a personal injury lawyer is going
to do. It's going to send you to his or
her doctor. And these are people that write reports, these
(06:37):
doctors that we're not talking about malingering, we're not talking
about fraud. But there's a couple of ways of looking
at an injury, and that is being really cautious and
saying we have to give a prognosis and make sure
that lydia absolutely has the kind of care she needs.
(06:57):
Or there are doctors on the other side, I got
take some aspirin, you'll be okay, and all you need
is three bouts of therapy, where another doctor would say,
you know what you really need fifteen appointments and what
you want to do is again And I'm not talking
about fraud. I'm just talking about looking at it differently.
(07:20):
You know. For example, I'm a member of Kaiser, which
I love, but I'll tell you if I go in
with soft tissue injury, I'll tell you what Kaiser is
going to do. Here, have some aspirin. We'll talk to
you later, where another doctor would say Oh no, No,
you've got some issues going there. You know, this is
pain that just doesn't go away. Both of them are legitimate,
So you want to talk to a personal injury lawyer,
especially if you're talking about osteoporosis you already have. The
(07:43):
insurance company's going to argue pre existing. It's mainly because
you've got a problem that you had before and otherwise
you wouldn't be as severely injured. There's a bunch of things.
So the answer is, yes, you have a case. I
just explained to you why in this case you need
a personal injury lawyer because of the kind of medical
(08:06):
and the kind of specialists that works with insurance companies.
And I'm going to suggest you go to handle on
the Law dot com. We got lawyers there that do
exactly this and they're very good. A matter of fact,
my wife was injured in a car accident and of
course I suggested handle on the Law attorney and it
(08:26):
was Mark who handled the case and it was just
did a phenomenal job. So just go to the website. Okay,
talk to you, thank you, all right, you got it.
This is handle on the Law and welcome back. Handle
here on a Saturday morning right up until eleven o'clock.
Reached the bureau with a tech show two o'clock this
(08:47):
afternoon from two to five, Neil Savedra with the Fok Report.
Neil is with me Monday through Friday on the Morning show.
So I just thought I mentioned that I happened to
be a huge fan of Neil. Clearly, otherwise you wouldn't
be on the Morning show. See how that works? Okay,
very complicated stuff. Phone number eight hundred five two zero
(09:08):
one five three four is the number to call. We
have some lines open for the first time in an
hour and a half. Eight hundred five two zero one
five three four. Back we go. More Handle on the
Law Marginal legal Advice. Hello Simon, you're up. Welcome to
Handle on the Law.
Speaker 4 (09:27):
So I hire a property management company to run my business,
my rentalk business. One of my tenants was evicted because
they haven't paid rent for the last three months. So
I do have their pictures because they left all their
property behind and we have to dump it. And I
(09:49):
have some pictures, like all own pictures, So can I
use them?
Speaker 3 (09:53):
One?
Speaker 4 (09:53):
I have two questions for you. The first question is
can I use that to ask them for my money
they also owe me like cleaning.
Speaker 2 (10:02):
About what's your second question?
Speaker 4 (10:06):
And the second question is I wanted to sue them
in a court, in a small claim's court?
Speaker 2 (10:13):
And how much do they own? Okay, how much are
they they owe you nine thousand dollars? Right right, So
let's start with question number one. Can you say I'm
keeping your stuff and if you don't pay me, I'm
not giving you it back. No, you cannot, certainly, not legally. However,
(10:34):
you know there are ways around it, because that's considered uh,
that's considered extortion because one has nothing to do with
the other. You they owe you money for rent, and
they're entitled to their property and the two are separate. However,
you know there are ways around it. You say, hey,
I have your stuff, and by the way, you owe
(10:55):
me money. And if if I owe you money and
I want my stuff and you say, hey, Bill, I've
got some things you really want. I just want to
let you know you haven't picked them up yet. Oh,
by the way, you owe me nine thousand dollars. Are
they going to connect the two? Probably? You can't say
(11:15):
if you don't pay me, you don't get your stuff separate?
Can you sue them absolutely, and you do sue them
in the small claims court and you consume them for
the nine thousand dollars. In the fact you have a
management company doesn't really mean anything other than the management
company did a horrible job and these people would have
gone anyway. Or that's their argument is we did everything reasonable.
(11:37):
So that's kind of tough going up for the management company.
So yeah, you can sue them. Now are you going
to collect anything? People don't pay their rent generally don't
have a whole lot of money. So okay, does your
tenant work, for example, like a real job, getting paid
a paycheck by a company?
Speaker 4 (11:57):
I believe, So the thing is okay. My second question again,
and is the management company is refusing to give me
the information it's considered private information.
Speaker 2 (12:06):
Is what kind of private information? Whoa whoa, whoa, whoa whoa.
The management company won't give you what information.
Speaker 4 (12:14):
Like the employment Well, that's.
Speaker 2 (12:17):
Crazy, that's way wait wait, that's crazy. The management company
represents you. The management company is talking on your behalf.
The managed company doesn't have any duty. There's no privacy
issue between the management company and your tenant. So I
don't get that, man, I just don't understand the management
company saying no, you fire the management company if you
(12:40):
have to, you know, can you assue them for the information? Yeah,
you'd win. But now where do you go? So let's
just assume do you know the guy? Do you know
the person's name?
Speaker 4 (12:54):
It's actually in Florida, it's not in California.
Speaker 2 (12:56):
Okay, it doesn't matter. Do you know the person's name.
Speaker 4 (13:00):
Which named.
Speaker 2 (13:02):
The name? Oh?
Speaker 4 (13:04):
Yeah, yeah, I do.
Speaker 2 (13:05):
Okay, so you can, so you can track down the tenant.
It's not that hard. So yeah, he answer to all
of that. Where are you from? By the way, that's
kind of an interesting accent.
Speaker 4 (13:17):
It's actually I'm actually from Ethiopia.
Speaker 2 (13:19):
Oh you're oh Ethiopia. That's interesting. Yeah, okay, all right,
by just a slight accents. You've been here for a while.
I'm right, all right, you got it, all right? Uh? Norman, Hi, Norman, welcome.
Speaker 5 (13:38):
Good morning Bill.
Speaker 4 (13:39):
Yeah.
Speaker 5 (13:41):
In twenty nineteen, I produced a CD of original music.
I had a group called Terra Nova. About a week
or so ago, we came to find that that somebody
on the internet had hijacked the entire CD with a
cover and everything, and was using one of our songs
(14:02):
as a theme song without my permission, without anything about anything,
And I want to know how can I get this
guy to cease and assist?
Speaker 2 (14:11):
Yeah, all right, that's a pretty good question. First of all,
Terra Nova, I've heard of that band. Your music is
just terrible. You know that, don't you? For using bad music?
That's for starting us. Okay, So moving on, when did
you find out that your music was being used by
this guy?
Speaker 5 (14:31):
About five days ago?
Speaker 2 (14:33):
All right? And how is that music being used?
Speaker 3 (14:37):
So?
Speaker 5 (14:38):
Well, he took the entire CD with all of the
musical content and brought it on his platform, and he's
saying that it's his.
Speaker 2 (14:48):
Okay, what does he do?
Speaker 5 (14:51):
Well, he's a musician too, and also has a group
named Terranova.
Speaker 2 (14:54):
Oh so he also took the name Terra Nova.
Speaker 5 (14:58):
No, he has been according to what I've been able
to figure out, he had the name first. This was
like he started his thing.
Speaker 2 (15:03):
Okay, but you wrote the music. Yeah, well, first of all, yeah,
First of all, letter goes out from a lawyer, a
cease and desist letter. Just right now, you stop it,
I'm gonna sue your butt off. That usually does it,
because there's all kinds of violations that this guy has committed.
Did you copyright the music?
Speaker 5 (15:25):
By the way, Oh yes, all right, you.
Speaker 2 (15:27):
Got it, man, Yeah, you got it. It starts with
a cease and desist. Now are you going to sue
him for using your music to make money? And then
you have to prove yeah, and how much? And that
gets really complicated. And my guess, yeah, I guess says,
unless you're talking about you know, the Eagles, or you're
(15:50):
talking about people like the Rolling Stones using your music,
there really isn't a whole lot there. You just need
to see assist and desist from a lawyer, a real
strong How do I.
Speaker 5 (16:00):
How do I find him? All I know is his name?
Because yeah, you.
Speaker 2 (16:04):
Got to track him down. I mean, there's ways of
doing it. You know, I'm not a computer maven, but
there are ways of doing it. I mean, it's today.
You can find anybody for anything you have. You clearly
have a U r L. You clearly have where it's
coming from. And it's a question of just tracking him down.
As a matter of fact, probably if you talk to
(16:25):
a copyright attorney and just buy a couple of hours,
the copyright attorney will be able to track that person down. Okay,
before we go all right, done, We have to side
a little bit of a glitch here hanging up on people.
I don't know why, because I love hanging up on people.
All right, Before we break, I want to talk a
(16:46):
little bit about a podcast that I think you may
be interested in and will help you. If you live
in chronic pain, you know, and obviously if you do,
you know what it's about. I mean, you're just always
in pain, or you're treating someone who lives in pain,
or you have a family member or a loved one,
and so what do you do? Well, let me suggest
(17:06):
listening to The Pain Game podcast. The Pain Game podcast
is all about dealing with chronic pain and the trauma
that's involved. The host, Lindsay Soprano, who I'm very close with,
has lived with chronic pain twenty four to seven for years,
and boy does she do it heroically. I mean, what
a trooper she is. Every episode ends with a message
(17:29):
of hope and counterintuitively you'll understand and this is how
she does it. The show is about giving pain purpose.
I know that sounds weird, but wait till you listen
to the show, and it really it'll make sense to you.
And so listen to the Pain Game Podcast. Wherever you
listen to podcasts, the Pain Game Podcast. That's the Pain
(17:51):
Game Podcast. This is Handle on the Law.
Speaker 1 (17:55):
You're listening to Bill Handle on demand from KFI AM
six four.
Speaker 2 (18:01):
Hey if I handle here on a Saturday morning, eight
hundred five two zero one five three four, Welcome back
Handle on the Law Marginal Legal Advice Dorn. Hello Dorn,
you're up?
Speaker 4 (18:16):
Hey?
Speaker 1 (18:17):
Hey Bill, first time listener call him from Tampa, Florida.
How you doing?
Speaker 2 (18:20):
Okay?
Speaker 1 (18:22):
Anyway, my issue is I had a friend started out,
he needed a little bit of money. Let him some
money on some personal notes. They paid, they wanted more money,
they paid more money, they kept paying, and now they
owe me like eight hundred thousand and they're not paying
at all.
Speaker 2 (18:40):
Eight hundred thousand dollars. Well, that's a chunk of money
to loan a friend. Okay, I am assuming, and maybe
I'm assuming wrong that when you loaned big money to
this friend who probably is not a friend anymore, there
was a note and it was secured by probably property.
(19:01):
Does did that happen? No?
Speaker 1 (19:06):
Notes?
Speaker 2 (19:07):
WHOA? All?
Speaker 1 (19:08):
Right? Yeah?
Speaker 2 (19:13):
Okay, is this friend have the ability to pay you back?
Speaker 1 (19:18):
Probably not at this time. I mean the guy, the
guy I owned a taco restaurant.
Speaker 2 (19:22):
Uh, you know he was.
Speaker 1 (19:24):
He started out being a friend, and they.
Speaker 2 (19:25):
Need I understand these things. These things happened, now I understand.
I had when I was a landlord and I lived
in a duplex. I was on top and I had
a tenant down below, and it happened. That happened to
me over the course of a couple of years. And
it builds up and it builds up, and he was
always there paying and there was no issue. And then
(19:47):
the last time it was nowhere near the kind of
money that you're talking about. Uh, he was done and
he left, and there was there was no place to go.
I didn't even bother suing because I knew there wasn't
going to be any money. So all you can do
is file a lawsuit against him. You've got a verbal
con well, no, you have written contract. If you have notes,
(20:08):
whether they're secured or unsecured. Secured contracts secure notes just
make it easier go after the security. In other words,
if it's on property, you can go after the property.
For example, if you don't get paid, but unsecured means
all you can do is file a lawsuit and there is.
You've got him clearly. Here are the notes, here's the proof.
What's he going to say? No, Now the issue becomes
(20:30):
are there any assets there? But it's certainly worth getting
a judgment. He may not even show up in court.
I mean, if you're talking about notes that you probably
get a default judgment. So you'll get a judgment for
eight hundred thousand dollars. Now what do you do, Well, California,
the judgment is good for ten years and then you
can re establish for another ten years, so it stays
(20:50):
there forever, and he's going to end up having a
judgment which you're going to hold, and that's going to
screw up his credit clearly. But you know, collect the
eight hundred grand for someone who doesn't pay. That's a chunk.
That's a chunk.
Speaker 1 (21:05):
All right.
Speaker 2 (21:05):
All you can do is go to any any lawyer
because it's this is a simple case. It's just the
numbers are astronomical.
Speaker 1 (21:13):
Well, okay, there's more to it, a little bit more
to it that i'd like to talk about.
Speaker 2 (21:17):
All right, you got a minute, go ahead, I'll make
it quick.
Speaker 1 (21:20):
Okay. So I've talked to I still talk to the guy,
and I've told him the situation, and he said that
if you assume me you're going to a lawyer involved,
I'm gonna say that you knew this was for illicit activity,
for any illicit activity.
Speaker 2 (21:35):
It doesn't make You're gonna say no, You're gonna say no, no,
I didn't. Now what what do you do with that?
And he's is he willing to is he willing to
implicate himself?
Speaker 1 (21:48):
Yes?
Speaker 2 (21:49):
All right, Well all you do is say that's not true.
You just I just loaned your money.
Speaker 1 (21:55):
Okay, Yeah, it's you know, he's got to.
Speaker 2 (21:58):
Prove And by the way, that does n't change anything.
I mean theoretically, Uh, it's if it is illegal and
you knew it was illegal, and there may be a
policy issue, uh involve public policy. For example, if I
pay you money to help me rob a bank and
that contract is illegal, it's invalid, doesn't exist because it's
(22:20):
against public policy. And so this argument, I mean, it
has it has legal legs, but you know, how does
how does he prove it? By the way, what what
illegal uh illicit activity did he engage in that he says,
you knew about and you loan the money for it.
Speaker 1 (22:38):
I have no idea, but there you go.
Speaker 2 (22:40):
And that's exactly your argument.
Speaker 1 (22:43):
The thing is, he I'm concerned that if he does
something like that, now I could have like a criminal
case against me.
Speaker 2 (22:52):
He's got you got to prove it. Well, let me
put it. He he could if he implicates himself, there
is a criminal case against him. That's a given. And
because he's just admitted he said, I've done something illegal,
therefore Dorn should not be able to pit to pay me.
But your argument is, I don't know what you're talking about.
(23:15):
I just loan you money over the years. I had
no idea. I thought you were a friend and you
needed some money. And if he says he's willing to
implicate himself, no, I don't buy that because I'll tell
you what's much easier is simply going bankrupt on you, Dorn.
So he'd rather go to prison than go bankrupt.
Speaker 1 (23:36):
If you go.
Speaker 2 (23:37):
All you the ammunition you have is you have a
judgment against him, and you can force him into bankruptcy
with the judgment. And there's not much you can do
about that, you know, I mean, unfortunately you got taken
by this guy as I was taken. Because if you're
talking over the course of years, where you loaned, it's
paid back. You loaned, it was paid back, and that
does have a way of just going up and up,
(23:59):
and you know you have no reason to doubt it.
So unfortunately, I think you're just kind of screwed with
all of it. All. Right, before we break, I want
to tell you about Zelman's Minty Mouth. Now, these are
a little well they call them mints, but they're way
way beyond milk. The mints these little capsules that are
covered with a minty coating that you add and pop
(24:22):
two or three in your mouth, and then when the
mint part is gone, you then swallow or bite into
the capsule. This is where the difference, big difference, and
they go to work in your gut where bad breath
can start and stay there. And people don't realize that
bad breath in many cases is in your stomach, not
just in your mouth. And what Zelman's does is take
care of it on both ends. Gee, should I say
(24:43):
that on both ends? Well, you know what I'm talking about.
In any case, here is the offer from Zelman's which
I use constantly. If through this month the end of
the month, a three pack. If you order a three pack,
you get fifteen percent off automatically, and that is a discount.
That's a serious discount. Fifteen percent off automatically, no codes, nothing,
(25:06):
It's just an automatic fifteen percent off till the end
of April. If you order a three pack, go to
Zelmans z l M I N S. Zelmanns dot com,
slash kfi Zelmans dot com slash kfi. This is handle
on the Law KFI AM six forty bill handle. Here.
(25:27):
It is Saturday, and we got another few minutes of
this hour and then another hour to go right up
until eleven o'clock. Rich De Murrow with a Tech Show
eleven to two. Neil Savedra with the Fork Report, All
Things Food. Phone number eight hundred five two zero one
five three four eight hundred five two zero one five
(25:49):
three four Welcome back. Handle on the Law Marginal Legal Advice. Jimmy, Hello, Jimmy,
what can I do for you?
Speaker 6 (25:59):
Hey, good morning, good morning, Thank you for thank you
for for your phone number?
Speaker 2 (26:04):
Now god, oh, I always put the phone number on.
Speaker 4 (26:08):
No no, no, no, no no no no.
Speaker 2 (26:10):
Listen, okay, no no no, I never give a phone number.
All right, where you from? By the way, Jimmy, where's
that accent.
Speaker 6 (26:16):
From the Middle East.
Speaker 2 (26:17):
Where it's big place. Middle East.
Speaker 6 (26:21):
Lebanese.
Speaker 2 (26:22):
Oh your Lebanese. I love Lebanon. I actually went to
bay Root when be Root was one of the greatest
cities in the world. But that is when. Yeah, it's
still clear. Okay, all right, what can I do for you?
Speaker 6 (26:36):
Jimmy year a year and one month ago. All right,
I went to this slickery store. I have an argument
with somebody else. I was pulling in. He was pulling
out with crossword. I didn't listen to him. I used
went in. I parked. When I parked, I saw him
back him up. He got off his car and while
I was parking, he went on and pointed right on
(26:58):
the side of my head.
Speaker 2 (27:01):
I mean, what did he do with the side of
your head?
Speaker 6 (27:04):
He punched me.
Speaker 2 (27:06):
Okay, yeah, it was hard. Okay then and then uh uh.
Speaker 6 (27:13):
I went on the side. I got my phone and
again he ran to his car and he ran away.
I got his license plate. They called nine one one
the police. They came. They took my report, and they
went to the liquor store or right, and they with
aw the They withdrew the video and everything. Four five
days later, the police department, they called me they told
(27:34):
me difficulty. Go to the police department of the station,
to the station to ENTI five. They put a layout
six pictures. I showed number four. It was number six.
They tried to contact They tried to contact the guy
like for a couple of months, and they called the
LID message like a four or five six messages. The
guys didn't call it, didn't call it detective. But they didn't.
(27:58):
They didn't do anything else. They send the file to
the district attorney like two months after to the district attorney.
The district attorney after three four months, I called them
and they told me that they have no rebuilt the case.
Speaker 2 (28:14):
Okay, so they so they dropped. So they dropped the case, right, Jimmy,
the case is gone? All right? So what's your question?
Speaker 6 (28:20):
I told maybe the question a question because of that
the question, because if it wasn't course, I was not
able to identify with you.
Speaker 2 (28:26):
No, I understand. What's your question?
Speaker 6 (28:28):
Yeah? My question? Do I have a case against the
district attorney or the police department because they must handle
my case because.
Speaker 2 (28:38):
Let me ask you, uh in Lebanon, you speak uh
just straight Arabic? Or is there an I should know
this but is there a Lebanese language? Yeah, it Joe
straight Arabic.
Speaker 1 (28:52):
Okay, how do you how.
Speaker 2 (28:54):
Do you say as your so o L in Arabic?
I mean there has to be a phrase. Yeah, well, yeah,
I understand. There's a couple of ways of doing this. Jimmy,
you've got no place to go. Jimmy, you've got no
place to go. They have the right to once it's
turned over. The police have a right to investigate, not investigate. Uh.
(29:17):
The DA has a right to go forward with a
case or drop a case. And there is nothing you
can do on the criminal side. Now you can sue
the guy for whatever damage is. And he punched you
in the head, that's assault, okay, assault and civil But
you know you got punched in the head. I mean
(29:37):
how badly were you damaged? You know you have a
hole in your head that he punched through. You know,
is your brain rattling when they okay, going to the
hospital and what else? What else? What happened to you
physically as a result of getting punched in the head
other than getting punched?
Speaker 6 (29:53):
I them not looking for this laws?
Speaker 2 (29:57):
What do you want? Okay? So what are you looking?
You're not going to get it, I went, You're not
going to get it. It's that simple. That's the way
life works. You don't have a choice. It is the
authorities who decide they're going to either go forward or
not with the case. Carlos, Hello, Carlos.
Speaker 4 (30:22):
Allow, mister Bill this morning. I have a question.
Speaker 7 (30:25):
I was in the drive through lane a few days
ago and I was in the entrance, went into the
drive through and a woman came on the on the
opposite side of traffic and took a right typurn and
swap my my truck that I'm lessening from somebody.
Speaker 4 (30:39):
And she got off the car. She said, sorry, I
hate you.
Speaker 7 (30:42):
I was pending something else, and then I got her
information and then she took off. And then I came
the number of the guy who I'm listening to car from,
and the guy told me that what was my follow
or not, that I had to pay the damages because
that lady tans. Her story is saying that she we
won't move at the same time, but she wasn't the
in on the wrung side of the traffic lane.
Speaker 4 (31:02):
So do I have a case?
Speaker 7 (31:03):
Can I see because I'm gonna pay sure.
Speaker 2 (31:05):
Of course you're gonnahew her civilly, and what you have
a case is suing your civilly for the damage to
the car. I mean, she caused it, and she's gonna
say no, and you're saying yes, because that happens all
the time. People always have different stories. I remember I
got but I don't know how many years ago. But
I was making a right in a right turn lane
and the guy on the outside it was a double
(31:27):
right turn lane. You know how they have two lanes
to go right. Anyway, he ran right into me. And
then he changed his whole story and said, oh no, no,
Bill ran into me. Well you know, hey, you took
you went from one lane to the other. So I
ended up winning the case. But that's not the point.
The point is is everybody changes their story. So Carlos, yes,
(31:51):
all you have to establish it. You got video there
if you need it, and you if you have to,
you can subpoena the video, although I don't know if
you're gonna need it. And then the guy who you
lease the car from, yeah, you're probably responsible. He doesn't
care who you know who's at fault here. Uh, you
lease the car and now you can go after someone
(32:12):
who's at fault. But you can argue all day long.
If I have a leased car, for example, that's been
totaled by someone in a car accident, right and my
car is done, I still owe the money. I still
have to pay him, right.
Speaker 7 (32:28):
Right, So I'm fixing that. I'm fixing that as in
the spot. But my my other point was that can
can these if the woman if let's say we go
to go to the super court and she changes like she's
saying that it was fifty days when we were at
the same time. Because I have Toyo's driving record, clean
driving record.
Speaker 2 (32:45):
That doesn't matter. Nobody cares they have a clean driving record.
Totally irrelevant. So that's yeah, I don't care. Yeah, you're
gonna go to small claims car. How much damage to
the car, Carlos, she.
Speaker 7 (32:56):
Worked, it's a twenty two suburbines she worked.
Speaker 2 (32:59):
I don't care. What going on? How much damage to
your car? Carlos?
Speaker 6 (33:05):
All right?
Speaker 2 (33:05):
Four hundred bucks? All right, So there's your there's your
lawsuit and the fact that you have a clean record.
Nobody cares. A matter of fact, a small claims judge
won't even hear it, just say he'll go. Just shut up, Carlos,
who's it fault and four hundred dollars. By the way,
who only does four hundred damage four hundred dollars damage
to a car a bumper to day is nine thousand dollars. Uh,
(33:26):
So there couldn't have been a whole lot of damage there,
all right, Mary, Hi, Mary.
Speaker 8 (33:34):
Hi, Bill, go ahead, I have I have a squatter
in my house. Okay, Now I have heard that there
is a different term for a person that's squatting in
your house called a lodger.
Speaker 2 (33:51):
Well, actually a tenant. Now it's actually a squatter and
a tenant lodger is someone who's at a hotel, that
sort of thing. And the argument is a squatter you
can get kicked out. That's a violation. A tenant is
now now has to be evicted. And it gets a
(34:13):
little bit crazy. Someone who has established tenancy and that
is moved into the house and sort of you knew
about it, and you let that person stay. If a
squatter just moved in and you just discover that your
house has someone just moved in, you call the cops
and they'll move that person out. And the cops tend
to not want to deal with that, so a cop
(34:33):
will go this is a civil matter and you have
to evict, which sometimes you do because cops don't like
doing that. You know, cops enjoy playing cops and robbers.
You know, they like going to active shooter situations and
they like their cops because they want to be cops
and ask in rousting someone get the hell out of
(34:54):
here is not what's a lot of fun for them.
But let me tell you a little bit what happened here.
We only have a minute. How do you know when
you say you have a squad or what's the situation here?
Speaker 8 (35:06):
Well, she moved in in December and didn't have at
the time that she moved in, she was supposed to
give me the money.
Speaker 2 (35:14):
Oh, she's a tenant, Mary, she's a tenant. She's a tenant.
You're out got you've got a victor. That's not a squatter.
She moved in just and breached her contract. That's all
she did. Oh yeah, now you're out of luck on
that one. Usually, whenever there's a tendency, you pay up front.
Otherwise they don't let you move in, and if you
(35:34):
do move in, then you call the cops immediately. But this, uh,
what this is five months ago, four or five months ago, No,
that doesn't fly. Got a tenant on your hands. This
is Handle on the Law. You've been listening to the
Bill Handle Show. Catch My Show Monday through Friday six
am to nine am, and anytime on demand on the
(35:56):
iHeartRadio app
You're listening to Bill Handle on demand from kf I
am six forty.
Speaker 2 (00:09):
I Handle here on a Saturday morning. Nice to be back, actually,
you know, sitting back, and I haven't done this for
a couple of weeks. Phone number if you'd like to
call and ask a legal question, of which I'm going
to give you marginal legal advice, sometimes horrible legal advice,
to be honest with you once in a great while,
(00:29):
good legal advice, and then you can calendar that because
it just doesn't happen all that often. And I you know,
I'm joking about this, because you know my advice is phenomenal. No,
not really. I love talking to lawyers who always go, Bill,
what are you doing? What are you doing? And these
are specialists in insert name of field here. I go, Hey,
you know what can I tell you? I've been doing
this for decades and you know I have a good
(00:52):
time with it. The phone number here eight hundred five
two zero one five three four, eight hundred five two
zero one five three four, top of the hour. Best
time to call this is Handle on the low marginal
legal advice, where I tell you you have absolutely no case.
(01:12):
The Supreme Court ruled unanimously and that doesn't happen very often,
not with this court that the Food and Drug Administration
properly rejected applications from e vape companies to market fruit
and dessert flavored liquids for electronic cigarettes esigs that the agency,
(01:37):
the FDA says are popular with young people and risks
getting young people hooked on nicotine. Now, there was a
lower court ruling. A couple of companies went against the FDA.
The FDA said, no, you cannot market these products, especially
(01:57):
when we think that they are aimed at kids. And
the FDA has its rules, and one of them is
the application before a product could be marketed. Well, these
companies went to court after the FDA said no, and
lower court judge said, you know what, companies, you're absolutely
right that the agency unfairly shifted its standards for approving
(02:23):
e cigarette liquids when ruling on applications from two companies
wanted to sell new products with names like Jimmy the
Juice Man, Peachey Strawberry, Suicide, Bunny Mothers Milk and Cookies,
iced lemonade, and Killer Custard blueberry and that custard with
(02:44):
a K. Certainly it doesn't sound like they're marketing kids
for kids to be And so Justine Samuel Ledo wrote
the opinion. The unanum's opinion said, you know what, the
FDA when rejecting these applications, it was consistent with the
guidance that had given companies seeking to win approval. And
(03:07):
then he went on to say the potential dangers of
flavored E siggs, and then he went on beyond that
and now starts backing up. The decision doesn't have to.
The court can just say yay or nay and not
come in at all. But here the court thought it
was important, and Alito thought was important to lay out
the reasoning, and he wrote that the FDA rejection was
(03:30):
sufficiently consistent with the guidance that had given, and he
talked about potential dangers, and he mentioned that there is
a decade's old estimate and it found that there were
seventy seven hundred unique E liquid flavors. Right, basically, tobacco
(03:52):
siggs have two flavors and that is just plain old
tobacco flavor and menthol and now seventy seven hundred unique
flavors fruit, candy, dessert flavors appealing to non smokers. So
cigarette companies. These two companies are out of luck. So
(04:14):
you're not going to be able to buy Sunny Bunny
Mother's milk and cookies flavor. That's a tough one. I
feel very bad for those companies. All right, phone calls
Lydia tattooed lady, Hello, Lydia, welcome, Yes.
Speaker 3 (04:29):
I do. Finally, So, about two and a half weeks ago,
at a parking lot, I was key bone by a
woman that didn't turn back to see that I was
right in back of her. She was waiting for her
for her food at McDonald's. She went through the drive
through and they tell her go in and spawn number one,
two and three.
Speaker 2 (04:49):
All right, so she all right, so she tea boned you.
I don't think, all right, let's just move on from there.
I don't have to know which spot she was at,
so what happened?
Speaker 3 (04:58):
Okay, I was right about your right in back of
her to stop. There's a stop right in backup where
people park. And she didn't look back, and she.
Speaker 2 (05:05):
Teemed it doesn't matter. I'm letty, you don't have to
go through it. She t boned you. Your she's at fault. Now,
let's move on from there.
Speaker 3 (05:13):
Okay, So I am fifty seven years old. I have
an ostroporosis and arthritis. I was fine, my car is damaged.
They took responsibility. Her insurance is taking responsibility. But that
happened on a Thursday, On Friday, Saturday, and Sunday, I
was fine. On Monday, I started getting pain on my neck.
(05:33):
Called my doctor to make an appointment. I went to
the year on Tuesday. I'm still experiencing pain. I'm going
to the doctor getting MRIs down the next race. And
they're still they're sending me to physicult therapy.
Speaker 2 (05:46):
So, okay, what's what's your question?
Speaker 3 (05:49):
I just want to know if you think I have
a case.
Speaker 2 (05:51):
With any answer is yes, yes, The answer is you
have a case. Now I'm going to tell you to
go one step further because you have developed pain even
several days later, and the defense that's going to be well, no,
the insurance company has already said they've just accepted responsibility.
Now it's a question of damages. They're going to say,
(06:13):
you know you've got osteoporosis, it developed days later. A
lot could have happened, and they're going to try to
get the amount of money which they're going to pay
you less than you could get otherwise. So this is
where a personal injury lawyer comes into play, because let
me tell you what a personal injury lawyer is going
to do. It's going to send you to his or
her doctor. And these are people that write reports, these
(06:37):
doctors that we're not talking about malingering, we're not talking
about fraud. But there's a couple of ways of looking
at an injury, and that is being really cautious and
saying we have to give a prognosis and make sure
that lydia absolutely has the kind of care she needs.
(06:57):
Or there are doctors on the other side, I got
take some aspirin, you'll be okay, and all you need
is three bouts of therapy, where another doctor would say,
you know what you really need fifteen appointments and what
you want to do is again And I'm not talking
about fraud. I'm just talking about looking at it differently.
(07:20):
You know. For example, I'm a member of Kaiser, which
I love, but I'll tell you if I go in
with soft tissue injury, I'll tell you what Kaiser is
going to do. Here, have some aspirin. We'll talk to
you later, where another doctor would say Oh no, No,
you've got some issues going there. You know, this is
pain that just doesn't go away. Both of them are legitimate,
So you want to talk to a personal injury lawyer,
especially if you're talking about osteoporosis you already have. The
(07:43):
insurance company's going to argue pre existing. It's mainly because
you've got a problem that you had before and otherwise
you wouldn't be as severely injured. There's a bunch of things.
So the answer is, yes, you have a case. I
just explained to you why in this case you need
a personal injury lawyer because of the kind of medical
(08:06):
and the kind of specialists that works with insurance companies.
And I'm going to suggest you go to handle on
the Law dot com. We got lawyers there that do
exactly this and they're very good. A matter of fact,
my wife was injured in a car accident and of
course I suggested handle on the Law attorney and it
(08:26):
was Mark who handled the case and it was just
did a phenomenal job. So just go to the website. Okay,
talk to you, thank you, all right, you got it.
This is handle on the Law and welcome back. Handle
here on a Saturday morning right up until eleven o'clock.
Reached the bureau with a tech show two o'clock this
(08:47):
afternoon from two to five, Neil Savedra with the Fok Report.
Neil is with me Monday through Friday on the Morning show.
So I just thought I mentioned that I happened to
be a huge fan of Neil. Clearly, otherwise you wouldn't
be on the Morning show. See how that works? Okay,
very complicated stuff. Phone number eight hundred five two zero
(09:08):
one five three four is the number to call. We
have some lines open for the first time in an
hour and a half. Eight hundred five two zero one
five three four. Back we go. More Handle on the
Law Marginal legal Advice. Hello Simon, you're up. Welcome to
Handle on the Law.
Speaker 4 (09:27):
So I hire a property management company to run my business,
my rentalk business. One of my tenants was evicted because
they haven't paid rent for the last three months. So
I do have their pictures because they left all their
property behind and we have to dump it. And I
(09:49):
have some pictures, like all own pictures, So can I
use them?
Speaker 3 (09:53):
One?
Speaker 4 (09:53):
I have two questions for you. The first question is
can I use that to ask them for my money
they also owe me like cleaning.
Speaker 2 (10:02):
About what's your second question?
Speaker 4 (10:06):
And the second question is I wanted to sue them
in a court, in a small claim's court?
Speaker 2 (10:13):
And how much do they own? Okay, how much are
they they owe you nine thousand dollars? Right right, So
let's start with question number one. Can you say I'm
keeping your stuff and if you don't pay me, I'm
not giving you it back. No, you cannot, certainly, not legally. However,
(10:34):
you know there are ways around it, because that's considered uh,
that's considered extortion because one has nothing to do with
the other. You they owe you money for rent, and
they're entitled to their property and the two are separate. However,
you know there are ways around it. You say, hey,
I have your stuff, and by the way, you owe
(10:55):
me money. And if if I owe you money and
I want my stuff and you say, hey, Bill, I've
got some things you really want. I just want to
let you know you haven't picked them up yet. Oh,
by the way, you owe me nine thousand dollars. Are
they going to connect the two? Probably? You can't say
(11:15):
if you don't pay me, you don't get your stuff separate?
Can you sue them absolutely, and you do sue them
in the small claims court and you consume them for
the nine thousand dollars. In the fact you have a
management company doesn't really mean anything other than the management
company did a horrible job and these people would have
gone anyway. Or that's their argument is we did everything reasonable.
(11:37):
So that's kind of tough going up for the management company.
So yeah, you can sue them. Now are you going
to collect anything? People don't pay their rent generally don't
have a whole lot of money. So okay, does your
tenant work, for example, like a real job, getting paid
a paycheck by a company?
Speaker 4 (11:57):
I believe, So the thing is okay. My second question again,
and is the management company is refusing to give me
the information it's considered private information.
Speaker 2 (12:06):
Is what kind of private information? Whoa whoa, whoa, whoa whoa.
The management company won't give you what information.
Speaker 4 (12:14):
Like the employment Well, that's.
Speaker 2 (12:17):
Crazy, that's way wait wait, that's crazy. The management company
represents you. The management company is talking on your behalf.
The managed company doesn't have any duty. There's no privacy
issue between the management company and your tenant. So I
don't get that, man, I just don't understand the management
company saying no, you fire the management company if you
(12:40):
have to, you know, can you assue them for the information? Yeah,
you'd win. But now where do you go? So let's
just assume do you know the guy? Do you know
the person's name?
Speaker 4 (12:54):
It's actually in Florida, it's not in California.
Speaker 2 (12:56):
Okay, it doesn't matter. Do you know the person's name.
Speaker 4 (13:00):
Which named.
Speaker 2 (13:02):
The name? Oh?
Speaker 4 (13:04):
Yeah, yeah, I do.
Speaker 2 (13:05):
Okay, so you can, so you can track down the tenant.
It's not that hard. So yeah, he answer to all
of that. Where are you from? By the way, that's
kind of an interesting accent.
Speaker 4 (13:17):
It's actually I'm actually from Ethiopia.
Speaker 2 (13:19):
Oh you're oh Ethiopia. That's interesting. Yeah, okay, all right,
by just a slight accents. You've been here for a while.
I'm right, all right, you got it, all right? Uh? Norman, Hi, Norman, welcome.
Speaker 5 (13:38):
Good morning Bill.
Speaker 4 (13:39):
Yeah.
Speaker 5 (13:41):
In twenty nineteen, I produced a CD of original music.
I had a group called Terra Nova. About a week
or so ago, we came to find that that somebody
on the internet had hijacked the entire CD with a
cover and everything, and was using one of our songs
(14:02):
as a theme song without my permission, without anything about anything,
And I want to know how can I get this
guy to cease and assist?
Speaker 2 (14:11):
Yeah, all right, that's a pretty good question. First of all,
Terra Nova, I've heard of that band. Your music is
just terrible. You know that, don't you? For using bad music?
That's for starting us. Okay, So moving on, when did
you find out that your music was being used by
this guy?
Speaker 5 (14:31):
About five days ago?
Speaker 2 (14:33):
All right? And how is that music being used?
Speaker 3 (14:37):
So?
Speaker 5 (14:38):
Well, he took the entire CD with all of the
musical content and brought it on his platform, and he's
saying that it's his.
Speaker 2 (14:48):
Okay, what does he do?
Speaker 5 (14:51):
Well, he's a musician too, and also has a group
named Terranova.
Speaker 2 (14:54):
Oh so he also took the name Terra Nova.
Speaker 5 (14:58):
No, he has been according to what I've been able
to figure out, he had the name first. This was
like he started his thing.
Speaker 2 (15:03):
Okay, but you wrote the music. Yeah, well, first of all, yeah,
First of all, letter goes out from a lawyer, a
cease and desist letter. Just right now, you stop it,
I'm gonna sue your butt off. That usually does it,
because there's all kinds of violations that this guy has committed.
Did you copyright the music?
Speaker 5 (15:25):
By the way, Oh yes, all right, you.
Speaker 2 (15:27):
Got it, man, Yeah, you got it. It starts with
a cease and desist. Now are you going to sue
him for using your music to make money? And then
you have to prove yeah, and how much? And that
gets really complicated. And my guess, yeah, I guess says,
unless you're talking about you know, the Eagles, or you're
(15:50):
talking about people like the Rolling Stones using your music,
there really isn't a whole lot there. You just need
to see assist and desist from a lawyer, a real
strong How do I.
Speaker 5 (16:00):
How do I find him? All I know is his name?
Because yeah, you.
Speaker 2 (16:04):
Got to track him down. I mean, there's ways of
doing it. You know, I'm not a computer maven, but
there are ways of doing it. I mean, it's today.
You can find anybody for anything you have. You clearly
have a U r L. You clearly have where it's
coming from. And it's a question of just tracking him down.
As a matter of fact, probably if you talk to
(16:25):
a copyright attorney and just buy a couple of hours,
the copyright attorney will be able to track that person down. Okay,
before we go all right, done, We have to side
a little bit of a glitch here hanging up on people.
I don't know why, because I love hanging up on people.
All right, Before we break, I want to talk a
(16:46):
little bit about a podcast that I think you may
be interested in and will help you. If you live
in chronic pain, you know, and obviously if you do,
you know what it's about. I mean, you're just always
in pain, or you're treating someone who lives in pain,
or you have a family member or a loved one,
and so what do you do? Well, let me suggest
(17:06):
listening to The Pain Game podcast. The Pain Game podcast
is all about dealing with chronic pain and the trauma
that's involved. The host, Lindsay Soprano, who I'm very close with,
has lived with chronic pain twenty four to seven for years,
and boy does she do it heroically. I mean, what
a trooper she is. Every episode ends with a message
(17:29):
of hope and counterintuitively you'll understand and this is how
she does it. The show is about giving pain purpose.
I know that sounds weird, but wait till you listen
to the show, and it really it'll make sense to you.
And so listen to the Pain Game Podcast. Wherever you
listen to podcasts, the Pain Game Podcast. That's the Pain
(17:51):
Game Podcast. This is Handle on the Law.
Speaker 1 (17:55):
You're listening to Bill Handle on demand from KFI AM
six four.
Speaker 2 (18:01):
Hey if I handle here on a Saturday morning, eight
hundred five two zero one five three four, Welcome back
Handle on the Law Marginal Legal Advice Dorn. Hello Dorn,
you're up?
Speaker 4 (18:16):
Hey?
Speaker 1 (18:17):
Hey Bill, first time listener call him from Tampa, Florida.
How you doing?
Speaker 2 (18:20):
Okay?
Speaker 1 (18:22):
Anyway, my issue is I had a friend started out,
he needed a little bit of money. Let him some
money on some personal notes. They paid, they wanted more money,
they paid more money, they kept paying, and now they
owe me like eight hundred thousand and they're not paying
at all.
Speaker 2 (18:40):
Eight hundred thousand dollars. Well, that's a chunk of money
to loan a friend. Okay, I am assuming, and maybe
I'm assuming wrong that when you loaned big money to
this friend who probably is not a friend anymore, there
was a note and it was secured by probably property.
(19:01):
Does did that happen? No?
Speaker 1 (19:06):
Notes?
Speaker 2 (19:07):
WHOA? All?
Speaker 1 (19:08):
Right? Yeah?
Speaker 2 (19:13):
Okay, is this friend have the ability to pay you back?
Speaker 1 (19:18):
Probably not at this time. I mean the guy, the
guy I owned a taco restaurant.
Speaker 2 (19:22):
Uh, you know he was.
Speaker 1 (19:24):
He started out being a friend, and they.
Speaker 2 (19:25):
Need I understand these things. These things happened, now I understand.
I had when I was a landlord and I lived
in a duplex. I was on top and I had
a tenant down below, and it happened. That happened to
me over the course of a couple of years. And
it builds up and it builds up, and he was
always there paying and there was no issue. And then
(19:47):
the last time it was nowhere near the kind of
money that you're talking about. Uh, he was done and
he left, and there was there was no place to go.
I didn't even bother suing because I knew there wasn't
going to be any money. So all you can do
is file a lawsuit against him. You've got a verbal
con well, no, you have written contract. If you have notes,
(20:08):
whether they're secured or unsecured. Secured contracts secure notes just
make it easier go after the security. In other words,
if it's on property, you can go after the property.
For example, if you don't get paid, but unsecured means
all you can do is file a lawsuit and there is.
You've got him clearly. Here are the notes, here's the proof.
What's he going to say? No, Now the issue becomes
(20:30):
are there any assets there? But it's certainly worth getting
a judgment. He may not even show up in court.
I mean, if you're talking about notes that you probably
get a default judgment. So you'll get a judgment for
eight hundred thousand dollars. Now what do you do, Well, California,
the judgment is good for ten years and then you
can re establish for another ten years, so it stays
(20:50):
there forever, and he's going to end up having a
judgment which you're going to hold, and that's going to
screw up his credit clearly. But you know, collect the
eight hundred grand for someone who doesn't pay. That's a chunk.
That's a chunk.
Speaker 1 (21:05):
All right.
Speaker 2 (21:05):
All you can do is go to any any lawyer
because it's this is a simple case. It's just the
numbers are astronomical.
Speaker 1 (21:13):
Well, okay, there's more to it, a little bit more
to it that i'd like to talk about.
Speaker 2 (21:17):
All right, you got a minute, go ahead, I'll make
it quick.
Speaker 1 (21:20):
Okay. So I've talked to I still talk to the guy,
and I've told him the situation, and he said that
if you assume me you're going to a lawyer involved,
I'm gonna say that you knew this was for illicit activity,
for any illicit activity.
Speaker 2 (21:35):
It doesn't make You're gonna say no, You're gonna say no, no,
I didn't. Now what what do you do with that?
And he's is he willing to is he willing to
implicate himself?
Speaker 1 (21:48):
Yes?
Speaker 2 (21:49):
All right, Well all you do is say that's not true.
You just I just loaned your money.
Speaker 1 (21:55):
Okay, Yeah, it's you know, he's got to.
Speaker 2 (21:58):
Prove And by the way, that does n't change anything.
I mean theoretically, Uh, it's if it is illegal and
you knew it was illegal, and there may be a
policy issue, uh involve public policy. For example, if I
pay you money to help me rob a bank and
that contract is illegal, it's invalid, doesn't exist because it's
(22:20):
against public policy. And so this argument, I mean, it
has it has legal legs, but you know, how does
how does he prove it? By the way, what what
illegal uh illicit activity did he engage in that he says,
you knew about and you loan the money for it.
Speaker 1 (22:38):
I have no idea, but there you go.
Speaker 2 (22:40):
And that's exactly your argument.
Speaker 1 (22:43):
The thing is, he I'm concerned that if he does
something like that, now I could have like a criminal
case against me.
Speaker 2 (22:52):
He's got you got to prove it. Well, let me
put it. He he could if he implicates himself, there
is a criminal case against him. That's a given. And
because he's just admitted he said, I've done something illegal,
therefore Dorn should not be able to pit to pay me.
But your argument is, I don't know what you're talking about.
(23:15):
I just loan you money over the years. I had
no idea. I thought you were a friend and you
needed some money. And if he says he's willing to
implicate himself, no, I don't buy that because I'll tell
you what's much easier is simply going bankrupt on you, Dorn.
So he'd rather go to prison than go bankrupt.
Speaker 1 (23:36):
If you go.
Speaker 2 (23:37):
All you the ammunition you have is you have a
judgment against him, and you can force him into bankruptcy
with the judgment. And there's not much you can do
about that, you know, I mean, unfortunately you got taken
by this guy as I was taken. Because if you're
talking over the course of years, where you loaned, it's
paid back. You loaned, it was paid back, and that
does have a way of just going up and up,
(23:59):
and you know you have no reason to doubt it.
So unfortunately, I think you're just kind of screwed with
all of it. All. Right, before we break, I want
to tell you about Zelman's Minty Mouth. Now, these are
a little well they call them mints, but they're way
way beyond milk. The mints these little capsules that are
covered with a minty coating that you add and pop
(24:22):
two or three in your mouth, and then when the
mint part is gone, you then swallow or bite into
the capsule. This is where the difference, big difference, and
they go to work in your gut where bad breath
can start and stay there. And people don't realize that
bad breath in many cases is in your stomach, not
just in your mouth. And what Zelman's does is take
care of it on both ends. Gee, should I say
(24:43):
that on both ends? Well, you know what I'm talking about.
In any case, here is the offer from Zelman's which
I use constantly. If through this month the end of
the month, a three pack. If you order a three pack,
you get fifteen percent off automatically, and that is a discount.
That's a serious discount. Fifteen percent off automatically, no codes, nothing,
(25:06):
It's just an automatic fifteen percent off till the end
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Zelmans z l M I N S. Zelmanns dot com,
slash kfi Zelmans dot com slash kfi. This is handle
on the Law KFI AM six forty bill handle. Here.
(25:27):
It is Saturday, and we got another few minutes of
this hour and then another hour to go right up
until eleven o'clock. Rich De Murrow with a Tech Show
eleven to two. Neil Savedra with the Fork Report, All
Things Food. Phone number eight hundred five two zero one
five three four eight hundred five two zero one five
(25:49):
three four Welcome back. Handle on the Law Marginal Legal Advice. Jimmy, Hello, Jimmy,
what can I do for you?
Speaker 6 (25:59):
Hey, good morning, good morning, Thank you for thank you
for for your phone number?
Speaker 2 (26:04):
Now god, oh, I always put the phone number on.
Speaker 4 (26:08):
No no, no, no, no no no no.
Speaker 2 (26:10):
Listen, okay, no no no, I never give a phone number.
All right, where you from? By the way, Jimmy, where's
that accent.
Speaker 6 (26:16):
From the Middle East.
Speaker 2 (26:17):
Where it's big place. Middle East.
Speaker 6 (26:21):
Lebanese.
Speaker 2 (26:22):
Oh your Lebanese. I love Lebanon. I actually went to
bay Root when be Root was one of the greatest
cities in the world. But that is when. Yeah, it's
still clear. Okay, all right, what can I do for you?
Speaker 6 (26:36):
Jimmy year a year and one month ago. All right,
I went to this slickery store. I have an argument
with somebody else. I was pulling in. He was pulling
out with crossword. I didn't listen to him. I used
went in. I parked. When I parked, I saw him
back him up. He got off his car and while
I was parking, he went on and pointed right on
(26:58):
the side of my head.
Speaker 2 (27:01):
I mean, what did he do with the side of
your head?
Speaker 6 (27:04):
He punched me.
Speaker 2 (27:06):
Okay, yeah, it was hard. Okay then and then uh uh.
Speaker 6 (27:13):
I went on the side. I got my phone and
again he ran to his car and he ran away.
I got his license plate. They called nine one one
the police. They came. They took my report, and they
went to the liquor store or right, and they with
aw the They withdrew the video and everything. Four five
days later, the police department, they called me they told
(27:34):
me difficulty. Go to the police department of the station,
to the station to ENTI five. They put a layout
six pictures. I showed number four. It was number six.
They tried to contact They tried to contact the guy
like for a couple of months, and they called the
LID message like a four or five six messages. The
guys didn't call it, didn't call it detective. But they didn't.
(27:58):
They didn't do anything else. They send the file to
the district attorney like two months after to the district attorney.
The district attorney after three four months, I called them
and they told me that they have no rebuilt the case.
Speaker 2 (28:14):
Okay, so they so they dropped. So they dropped the case, right, Jimmy,
the case is gone? All right? So what's your question?
Speaker 6 (28:20):
I told maybe the question a question because of that
the question, because if it wasn't course, I was not
able to identify with you.
Speaker 2 (28:26):
No, I understand. What's your question?
Speaker 6 (28:28):
Yeah? My question? Do I have a case against the
district attorney or the police department because they must handle
my case because.
Speaker 2 (28:38):
Let me ask you, uh in Lebanon, you speak uh
just straight Arabic? Or is there an I should know
this but is there a Lebanese language? Yeah, it Joe
straight Arabic.
Speaker 1 (28:52):
Okay, how do you how.
Speaker 2 (28:54):
Do you say as your so o L in Arabic?
I mean there has to be a phrase. Yeah, well, yeah,
I understand. There's a couple of ways of doing this. Jimmy,
you've got no place to go. Jimmy, you've got no
place to go. They have the right to once it's
turned over. The police have a right to investigate, not investigate. Uh.
(29:17):
The DA has a right to go forward with a
case or drop a case. And there is nothing you
can do on the criminal side. Now you can sue
the guy for whatever damage is. And he punched you
in the head, that's assault, okay, assault and civil But
you know you got punched in the head. I mean
(29:37):
how badly were you damaged? You know you have a
hole in your head that he punched through. You know,
is your brain rattling when they okay, going to the
hospital and what else? What else? What happened to you
physically as a result of getting punched in the head
other than getting punched?
Speaker 6 (29:53):
I them not looking for this laws?
Speaker 2 (29:57):
What do you want? Okay? So what are you looking?
You're not going to get it, I went, You're not
going to get it. It's that simple. That's the way
life works. You don't have a choice. It is the
authorities who decide they're going to either go forward or
not with the case. Carlos, Hello, Carlos.
Speaker 4 (30:22):
Allow, mister Bill this morning. I have a question.
Speaker 7 (30:25):
I was in the drive through lane a few days
ago and I was in the entrance, went into the
drive through and a woman came on the on the
opposite side of traffic and took a right typurn and
swap my my truck that I'm lessening from somebody.
Speaker 4 (30:39):
And she got off the car. She said, sorry, I
hate you.
Speaker 7 (30:42):
I was pending something else, and then I got her
information and then she took off. And then I came
the number of the guy who I'm listening to car from,
and the guy told me that what was my follow
or not, that I had to pay the damages because
that lady tans. Her story is saying that she we
won't move at the same time, but she wasn't the
in on the wrung side of the traffic lane.
Speaker 4 (31:02):
So do I have a case?
Speaker 7 (31:03):
Can I see because I'm gonna pay sure.
Speaker 2 (31:05):
Of course you're gonnahew her civilly, and what you have
a case is suing your civilly for the damage to
the car. I mean, she caused it, and she's gonna
say no, and you're saying yes, because that happens all
the time. People always have different stories. I remember I
got but I don't know how many years ago. But
I was making a right in a right turn lane
and the guy on the outside it was a double
(31:27):
right turn lane. You know how they have two lanes
to go right. Anyway, he ran right into me. And
then he changed his whole story and said, oh no, no,
Bill ran into me. Well you know, hey, you took
you went from one lane to the other. So I
ended up winning the case. But that's not the point.
The point is is everybody changes their story. So Carlos, yes,
(31:51):
all you have to establish it. You got video there
if you need it, and you if you have to,
you can subpoena the video, although I don't know if
you're gonna need it. And then the guy who you
lease the car from, yeah, you're probably responsible. He doesn't
care who you know who's at fault here. Uh, you
lease the car and now you can go after someone
(32:12):
who's at fault. But you can argue all day long.
If I have a leased car, for example, that's been
totaled by someone in a car accident, right and my
car is done, I still owe the money. I still
have to pay him, right.
Speaker 7 (32:28):
Right, So I'm fixing that. I'm fixing that as in
the spot. But my my other point was that can
can these if the woman if let's say we go
to go to the super court and she changes like she's
saying that it was fifty days when we were at
the same time. Because I have Toyo's driving record, clean
driving record.
Speaker 2 (32:45):
That doesn't matter. Nobody cares they have a clean driving record.
Totally irrelevant. So that's yeah, I don't care. Yeah, you're
gonna go to small claims car. How much damage to
the car, Carlos, she.
Speaker 7 (32:56):
Worked, it's a twenty two suburbines she worked.
Speaker 2 (32:59):
I don't care. What going on? How much damage to
your car? Carlos?
Speaker 6 (33:05):
All right?
Speaker 2 (33:05):
Four hundred bucks? All right, So there's your there's your
lawsuit and the fact that you have a clean record.
Nobody cares. A matter of fact, a small claims judge
won't even hear it, just say he'll go. Just shut up, Carlos,
who's it fault and four hundred dollars. By the way,
who only does four hundred damage four hundred dollars damage
to a car a bumper to day is nine thousand dollars. Uh,
(33:26):
So there couldn't have been a whole lot of damage there,
all right, Mary, Hi, Mary.
Speaker 8 (33:34):
Hi, Bill, go ahead, I have I have a squatter
in my house. Okay, Now I have heard that there
is a different term for a person that's squatting in
your house called a lodger.
Speaker 2 (33:51):
Well, actually a tenant. Now it's actually a squatter and
a tenant lodger is someone who's at a hotel, that
sort of thing. And the argument is a squatter you
can get kicked out. That's a violation. A tenant is
now now has to be evicted. And it gets a
(34:13):
little bit crazy. Someone who has established tenancy and that
is moved into the house and sort of you knew
about it, and you let that person stay. If a
squatter just moved in and you just discover that your
house has someone just moved in, you call the cops
and they'll move that person out. And the cops tend
to not want to deal with that, so a cop
(34:33):
will go this is a civil matter and you have
to evict, which sometimes you do because cops don't like
doing that. You know, cops enjoy playing cops and robbers.
You know, they like going to active shooter situations and
they like their cops because they want to be cops
and ask in rousting someone get the hell out of
(34:54):
here is not what's a lot of fun for them.
But let me tell you a little bit what happened here.
We only have a minute. How do you know when
you say you have a squad or what's the situation here?
Speaker 8 (35:06):
Well, she moved in in December and didn't have at
the time that she moved in, she was supposed to
give me the money.
Speaker 2 (35:14):
Oh, she's a tenant, Mary, she's a tenant. She's a tenant.
You're out got you've got a victor. That's not a squatter.
She moved in just and breached her contract. That's all
she did. Oh yeah, now you're out of luck on
that one. Usually, whenever there's a tendency, you pay up front.
Otherwise they don't let you move in, and if you
(35:34):
do move in, then you call the cops immediately. But this, uh,
what this is five months ago, four or five months ago, No,
that doesn't fly. Got a tenant on your hands. This
is Handle on the Law. You've been listening to the
Bill Handle Show. Catch My Show Monday through Friday six
am to nine am, and anytime on demand on the
(35:56):
iHeartRadio app
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