Episode Transcript
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Speaker 1 (00:01):
You're listening to Bill Handle on Demand from KFI AM
six forty.
Speaker 2 (00:08):
This is Handle on the Law marginal legal advice where
I tell you you have absolutely no case. I want
to visit again COVID and as I said, when COVID
first became big news and almost a million Americans died
of COVID, and the way we reacted and starting the
(00:31):
testing and then coming up with the vaccines, and just
the politics between Biden and the Trump administrations in terms
of dealing with the vaccines. In the middle of all that,
Los Angeles, which is very pro renter and has a
very strict rent control ordinance where rents cannot be raised
(00:55):
more than whatever the Rent Stabilization Board allows two percent
three percent a year, while the City of California allows
up to ten percent a year. But areas that are
rent controlled can the rents are and can be reduced. Okay,
So Los Angeles has rent control and during COVID, the
(01:19):
city said that you cannot evict people who are in
the COVID areas for not paying their rent and therefore
we the renters, don't have to pay for that time.
You couldn't evict us. Maybe we owe the money, but
there's all kinds of programs, we don't have to pay it.
(01:41):
So it ended up happening. A coalition of apartment owners
who said they rent over forty eight hundred units in
luxury apartment communities, mainly to high income tenants, are suing
suing the city now asking for twenty million dollars in
damages from paid from tenants who did not pay their rent.
Because here's what happened. You couldn't force them out and
(02:04):
at the same time, you couldn't collect their rent until
the COVID epidemic was declared over. And these people just
stiffed the landlords and off they went. I mean, they
owed the money, but they hadn't paid for a year.
They had paid for two years, and that rent racked
up and they just left. Well, this whole organization is
suing the city for twenty million dollars in damages not
(02:27):
because of rent control, which the Supreme Court has ruled
over and over again. Rent control is something that is
allowed by the cities. Even though the coalition apartment owners
business owners fought that like crazy, what this is is
they argued it was a taking from the government. In
(02:50):
other words, what the government did effectively took away their
property for that period of time, and they ended up suing.
Speaker 3 (02:59):
Well.
Speaker 2 (03:00):
Supreme Court turned down that claim with only two conservative
justices in dissent. And the landlords, who say they lost
millions of dollars from unpaid rent, will not be able
to get it from the city. It just doesn't work.
The landlord said that the strict limits on evictions from
(03:24):
people not pay their rent actually took away their private property.
It's kind of a stretch, but their argument was it's
the same thing as taking away our property for that
period of time and violation of the constitution. And the
court said, no, we're not hearing it. Let's go ahead
(03:45):
and take some phone calls down.
Speaker 3 (03:47):
Hello, Jeff, hey Bill. If I pass away without a trust,
will my assets still go into probate or do they
give it to my wife.
Speaker 2 (03:59):
They're not gonna get it to your wife. It'll go
what your existing wife, the one you're married to now, right, Yeah,
she'll get it.
Speaker 3 (04:06):
Yeah, yeah, I don't have any kids.
Speaker 2 (04:07):
Oh yeah, she'll get it all. She'll get it all.
She'll get it all.
Speaker 3 (04:09):
There's no point, there's no it doesn't matter a long time,
not really.
Speaker 2 (04:13):
She'll file and intestate probate and she'll get it.
Speaker 3 (04:18):
Yeah. I just wonder is there any reader for me
to get a trust?
Speaker 2 (04:23):
It doesn't really matter. I mean, she's gonna get.
Speaker 3 (04:25):
It all anyway. I have some property, Yeah.
Speaker 2 (04:27):
So you put it into the trust. You want to
give her a trust, you want to put it in
the trust. You can leave it alone, you can write
a will she's if you want her to have it.
If you want the property to go someplace else, if
you want some other people to get part of what
you have, then you we either write a will or
(04:47):
you put it in your trust and you make those
accommodations for your side of it. Whatever you own, because
you own if all the property you own it was
during the course of the marriage that you bought, well,
how long you've been married.
Speaker 3 (05:01):
Jeff, I've been married twenty years. But one of the cases,
the property that I have is an inheritance that I
got like a year ago.
Speaker 2 (05:08):
Then they're yours. Then they're yours. And do you want
to leave all the property to your wife or do
you have anybody else you want to leave property to?
Speaker 3 (05:17):
No, just just her, assuming.
Speaker 2 (05:20):
Then you're fine, you know, just if you want to
make it easy for you, you write a will. If
you want to make it easier for her, then you
put it in the trust. But she's going to get
it under any circumstances. So yeah, okay, okay, goodbye, uh Frankie,
Hello Frankie, welcome.
Speaker 4 (05:38):
Hey Bill.
Speaker 1 (05:39):
I need a little reasonable legal advice. I'm a I
was in a real estate transaction and the seller had
post closing obligations that didn't do so I sued them.
Their attorney is a triple threat, devous, dishonest, and unethical,
and he's trying to or so my LLC saying either
(06:02):
I didn't file my statements of information on time, or
I went through twenty dollars for personal reasons out of
the LLC account. He's trying all this stuff to say
my LLC does not apply and provide me any protection
in what is any of that true?
Speaker 3 (06:20):
And what you can do?
Speaker 2 (06:22):
Yeah, but you know, piercing the corporate veil is what
you're talking about here for twenty bucks, It's not going
to happen. You know, no judge is going to go
because you're going to defend the LLC, assuming that the
LLC is still in place, it is still registered, all
the paperwork is there and he's dancing around saying, you
(06:44):
didn't file on time, and I don't know if you
did or didn't. I mean it helps him if you didn't.
But it's, you know, twenty bucks, little bits and pieces.
He's going to go no place with that. You're gonna
be Okay, Judges don't buy that because because inevitable you're
gonna go to court on this. Now, it doesn't you
know the Yeah, inevitably you're gonna sue, that's all. And
(07:06):
the defense is going to be not that the money
is an ode. The defense is here, we go corporate veil.
Twenty dollars didn't file on time? Yeah, so that's what
you're gonna have to do. Okay, that's yeah, twenty dollars.
Come on. Seriously, we are in a changing world, the economy, technology, education,
(07:32):
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is a Handle on the Law. Welcome back for Handle
on the Law marginal legal advice. Hey Karen, Welcome to
(08:36):
Handle on the Law. Hi Bill, Yes, ma'am.
Speaker 5 (08:42):
So we have a checking account and we tried to
deposit too. They got flagged for fraud, and long story short,
they have restricted our account.
Speaker 6 (08:55):
Not giving us our checks back and.
Speaker 5 (08:58):
Proposing our accounts to anything and being held hostage.
Speaker 2 (09:04):
And okay, so there, all right? They're holding onto your
money at this point, correct?
Speaker 5 (09:16):
Can you hear me, Bill?
Speaker 2 (09:17):
Yeah?
Speaker 3 (09:17):
I can.
Speaker 2 (09:18):
They are holding onto your money? Do I have that right?
Speaker 6 (09:21):
Exactly?
Speaker 2 (09:22):
Okay? How much money? How much money are they holding
onto that they will not cut loose?
Speaker 5 (09:28):
About three thousand dollars.
Speaker 2 (09:30):
Okay, so that's real money. And uh, how long have
they been holding onto your money?
Speaker 5 (09:36):
About a month?
Speaker 2 (09:38):
Oh my god. Okay, I'm assuming you talk to management.
Speaker 5 (09:43):
Yes, we have been on the brand and we've been
on the phone with them multiple times.
Speaker 2 (09:49):
What are they? What are they? What are they saying?
Speaker 5 (09:52):
They're saying that they need to whenever a check gets
flagged for fraud, they need to check on some California
business website for a phone number that they have to
call to verify the validity of the check. We don't
know what that number is, but they are unable to
verify it for whatever reason. We get them in touch
(10:15):
with the check writers.
Speaker 7 (10:16):
Yeah.
Speaker 2 (10:18):
And by the way, the check writers are the check
was it? Were they fraudulent checks?
Speaker 7 (10:23):
No?
Speaker 5 (10:23):
No, So my son received a couple of small scholarships
and so they were both from nonprofit organizations. One was
in the amount of twenty five hundred and the other
was about six hundred dollars, and for some reason, they
both got flagged when we tried to deposit them. So
the bank has been in touch with both of those organizations.
(10:44):
They've been telling them that they're valid checks, but they
they won't release the money. They won't even return the.
Speaker 6 (10:51):
Checks to us.
Speaker 5 (10:52):
All right, well we can't even take them elsewhere.
Speaker 2 (10:55):
No understood, understood? Yeah, yes, yeah, one of those things
when you're dealing with the bureaucracy of a major bank.
I would simply start going and complaining. You're not going
to file a lawsuit. I mean, maybe you are for
the three thousand dollars. And the problem is, I don't
know what the rules are about filing a lawsuit against
(11:17):
a federally insured bank. There you're not just filing a
lawsuit against your neighbor whose tree is encroaching on your property.
So I don't know those rules. But I would immediately
file a complaint with the FDIC instantly, and at the
same time, find whatever California regulatory agency is involved, and
(11:40):
move up the chain, as you know, just go as
far up the chain as you can, you know, find
the vice president in charge of holding onto money too long.
Because you're not going to get an attorney, I mean
that's side of the question. Maybe that's but again, maybe
you can, but again you have to look at the rule.
I don't know the rules about filing a small claims
(12:03):
suit against the bank, because there may be federal regulations involved.
But that's where you've got to go. It's just it's
a nightmare when you get caught up in these bureaucracies.
A nightmare. Yeah, I don't mind. You know, if it's
been flagged, I get it. So they hold on to
it for two, three days, four days, I get it.
You know, It's happened to me before where money was
(12:25):
held and you know, foreign money was put in and
they had to check and they and the check actually cleared,
the funds cleared, and we had a record the funds clearing,
and it still took two or three days for them
to figure it out. They got the What they did
is they had to buy money for a few days
and they didn't pay interest on it. And if you
(12:47):
add that millions of times on a monthly basis, imagine
how much money they make. So yeah, so that's where
I would go with that. That is not fun getting
caught up with that kind of a bureaucutic nightmare. Hey, Jeff,
welcome to your handle on the law.
Speaker 4 (13:07):
Hello, hey, doing, here's a question for you.
Speaker 3 (13:09):
M M.
Speaker 4 (13:10):
I am a heating and air contractor sub myself out.
I worked to work for a heating and air contractor.
I'm just a superintendent on the project. I'm having major
problems with the general contractor, the superintendent on the project.
He degrades me in front of people. He cusses me out,
(13:32):
goes on and on. This is the third time that's happened,
and I'm finally having to do something about it. I
told the owner of my company that was a file
complaint against the general contractor, and he said he didn't care.
So I'm wondering where can I go with this?
Speaker 3 (13:48):
I mean can't.
Speaker 2 (13:49):
Yeah, you can't because you're not employed by the contractor
who is harassing you? Basically, who's doing that? If your
boss doesn't care, basically, just suck it up. There's not
much there's. You know, you can't do too much because
you're gonna get your boss pissed off at you. Are
(14:11):
you an employee or are you a ten ninety nine contractor?
Speaker 4 (14:14):
Now I'm a I'm an employee for a two year project.
I took over to manage this.
Speaker 2 (14:19):
Well, so let's say this. Okay, you talk to an
employment discrimination attorney, all right, uh, and there may be
something here about a hostile work environment. You file complaint
and your boss doesn't care. Who's more important to your boss,
the other guy or.
Speaker 4 (14:35):
You I should be But he I don't think he
really gives a cramp.
Speaker 2 (14:39):
Okay, at that point, if it gets to really be
a problem, what will he get let you go or
will he walk out of the relationship with the other guy.
Speaker 4 (14:52):
He won't walk out of the lasership the other guy because,
like I say, it's a ten million dollars contract.
Speaker 2 (14:56):
Well then then you know, then you then you just
suck it up and you throw it right back at him.
And just throw it right back at him.
Speaker 3 (15:02):
You know.
Speaker 2 (15:02):
He talks about you and you can ignore it. Uh,
that's it. If here's where you really get him and
this is not a legal issue. If you don't care,
you know, and he says something to go, I don't care,
and he is not getting any response. At some point
he's gonna feel like an idiot because he's talking to
(15:22):
a wall.
Speaker 3 (15:24):
Right.
Speaker 4 (15:24):
Yeah, it's the thing is I mean, it's a it's
a big project. He just he's got away with it
because I've not punched him in the head the first time,
and I let him get away with it for the
next couple of times. And the third time was at
and he does it in front of people, you know.
Speaker 2 (15:38):
And I understand, I understand. So, yeah, you actually punched him.
Speaker 4 (15:42):
No, I was going to.
Speaker 2 (15:44):
Yeah, I know you can't do that. You can't do that.
But the easiest way of dealing with it, you know,
just the easiest way of dealing with it realistically, is
just don't give a damn. Just walk away, let him
talk to a wall.
Speaker 4 (15:56):
Yeah, it's hard to do though, I know it is.
Speaker 2 (15:58):
I know, I know, I know.
Speaker 4 (16:00):
A year and a half into retirement and having to
deal with this, Well, you.
Speaker 2 (16:04):
Can talk, you know, what you can do. You can
talk to him a discrimination law attorney and just see
if there's anything there. Maybe it's a letter to him saying, hey,
I'm gonna sue your ass off if you keep on
doing this. Maybe it'll stop him. Maybe it won't. Uh,
it's and if not, you sort of have to just
deal with it. I don't know what else to tell you.
(16:26):
Uh there, Yeah, I know, And sometimes it happens. Sometimes
you just are in a situation. Does uh does he
have a family? Do you know that.
Speaker 4 (16:37):
The general contractor Yeah, no, the.
Speaker 2 (16:39):
Guy who's harassing you.
Speaker 4 (16:41):
Yeah, yeah, yeah, he has a family of watching kids
and all that. Yeah, yeah, of course not.
Speaker 2 (16:47):
You know what, just hurt the kids. That'll get him.
Speaker 4 (16:51):
Okay, Well thanks for your help.
Speaker 2 (16:53):
Okay, see that's legal advice. You see, that's why people
call this show.
Speaker 3 (16:58):
All right.
Speaker 2 (16:58):
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(17:21):
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is handle on the law.
Speaker 1 (18:14):
You're listening to bill handle on demand from KF I
am six forty.
Speaker 2 (18:21):
This is handle on the law. Marginal legal advice. Uh, Aretha,
do I have that right? Or Aretha?
Speaker 6 (18:30):
Yes?
Speaker 2 (18:30):
Aretha, okay, not your Aretha, but Aria.
Speaker 6 (18:35):
Yes, it's for Retha.
Speaker 2 (18:37):
Got it? That makes it easier? Yeah, because I thought,
maybe you know your mother or father was a medical professional,
and uh, all right, never mind. Uh, okay, what can
I do for you?
Speaker 6 (18:49):
I love you, love you, love you, love you for years.
I just had to say that. But I had a
I bought a house in Whitewater. Whitewater is outside of
Pomp's Okay, okay, bought a house of Whitewater. It was a.
Speaker 4 (19:06):
Modular home, but I have million dollar views.
Speaker 6 (19:09):
Bought the house, went with the idea of.
Speaker 1 (19:12):
Getting solar, had solar.
Speaker 6 (19:14):
Put on the house. It went online, so it started
using the solar. In September and October eighteenth, my house
completely burned down. I had to run. I had to
run out the house. As I'm running out the house,
I saw the flames coming from the solar battery. They
(19:38):
were testa batteries that they put on the back of
my house and they exploded.
Speaker 2 (19:43):
Okay, and you lost. You lost your house.
Speaker 6 (19:47):
I lost my entire lot. Yes, I did lose my life,
but I lost everything.
Speaker 2 (19:52):
Right now, guy, I know you didn't lose your life,
because we're talking. I get that. So you're out of
the house. You lost your house, and your question is.
Speaker 6 (20:04):
I want to sue.
Speaker 2 (20:06):
Of course you do.
Speaker 6 (20:08):
Yeah, yeah, And my problem is that cal Fire wrote
the report, and the report says undetermined. If you would see,
if you would have seen the photos of the back
of the house, you could of the house, You could
tell where the fire started. You could see the next
(20:30):
So you've got.
Speaker 2 (20:30):
Someo Okay, you have some evidence that proves that just
because it says it's undetermined by cal Fire does not
mean that it did not start at the battery. It
doesn't hurt you. It doesn't help you. Now, if they
had said it was the battery that was at fault,
(20:51):
that helps you. But for them saying it's undetermined, okay,
they don't know. Next step, Let's get an expert in there,
because they're are fire experts who go out there and
say specifically, we'll look at photos. Is the house still
there by the way or has it been raised? Is
it all gone?
Speaker 6 (21:11):
It's being gone and being replaced with a new modular home.
Speaker 2 (21:18):
Okay, so you're getting in, So you're getting a new home, right.
Speaker 6 (21:22):
Yes, but I'm still I'm still in in the the.
Speaker 2 (21:28):
Lad I'm in the red Okay, you're in the red
howl because you're paying for Are you paying for the house?
Are you are you paying your mortgage payments?
Speaker 6 (21:37):
Yes, I'm paying my mortgage payments. I've lost all of
my items. I had to come out of pocket.
Speaker 2 (21:44):
Okay, well that's a claim. I mean, that's simply a
homeowner's claim.
Speaker 3 (21:48):
That's easy.
Speaker 2 (21:49):
And let them go after and let them go after Tesla.
I mean, you're not going to file lawsuits. Let them
do it. Let your homeowner association or a homeowner's policy
do it. So that one is easy and you're out
of pocket a lot. And again, your homeowners insurance should
cover all of that if you have a decent homeowners
(22:11):
policy your home.
Speaker 6 (22:14):
No, I have California share plans.
Speaker 2 (22:18):
Oh yeah you are WHOA. Yeah, that is tough, the
California Fair plan because all it covers is fire to
the home. It doesn't cover what's inside the home. It
doesn't cover rent. So you've got to go after Tesla
and I have to find a lawyer that's willing to
(22:39):
do that, and that's not going to be easy because
there isn't a whole lot of money to be made
when you think about it, because what do you have.
You have the interior of the house, you have whatever
you're paying for rent and you're having. You could argue
pain and suffering, but that's not going to go any place,
(23:00):
so your your damages are fairly limited. So getting a
lawyer that's going to go after I mean, how's the
lawyer going to make money if it's a few thousand dollars.
So you know what I would do. I would talk
to I would talk to a personal injury lawyer just
to get some advice. And you can go to handle
(23:24):
on the law dot com and talk to one of
my lawyers and just say we talked and I had
said I don't think that it is a I don't
think it's a personal injury case. But they may have
a recommendation that I don't have. So go to the
website and talk. You'll probably talk to Mark and just
(23:46):
ask the question and make sure that you tell them
that I said, I don't think there's a case there,
but does he have a referral? That's important. Jonathan, Hello,
Jonathan hid Bill.
Speaker 3 (23:58):
How are you?
Speaker 8 (23:59):
Yeah, yes, sir, okay, I've got I'm working with a
debt resolution specialist.
Speaker 3 (24:05):
I've got about.
Speaker 8 (24:05):
Forty thousand dollars worth of debt and we've renegotiated most
of my bills. A few of them were charged off,
and I have two that have recently filed lawsuits against me.
Speaker 2 (24:14):
What do I do You have to defend your lawsuit?
You have to call them up, negotiate and if they
say no and they take you to court, they're going
to get a judgment. If it's a legitimate debt, they
don't have to take any settlement. Absolutely not. You owe
them the money. Here is the contract. Most companies will negotiate.
(24:38):
Occasionally you'll see a company saying, nah, we'd rather go
to court. What is of those two companies? How much
do you owe each?
Speaker 3 (24:46):
One?
Speaker 8 (24:48):
Total is about fifteen ten thousand and one five thousand
the other.
Speaker 2 (24:52):
Yeah. You see, that's the problem, particularly the fifteen thousand
dollars company, because they may have done an asset search
and figure you can afford it, or at the very
last instance, you know, in the courthouse steps, they're negotiate
and say, tell you what, pay us twelve thousand dollars
and we'll give it to you. There isn't jack you
can do about it. If you have a good if
(25:14):
you have a good resolution company, and there are plenty
of good ones out there, good debt resolution companies. They're
negotiating like crazy on your behalf, and they should tell you, you know,
there's nothing we can do. These people will not negotiate,
and then you get nailed, and you get nailed and
you owe the money. That's the problem. You know, there
are consequences for being a flake. Now you can go
(25:35):
bankrupt on it. You can go bankrupt on it. That's easy. Ivan, Hi, Ivan,
welcome Hi. Yes.
Speaker 7 (25:46):
Yeah.
Speaker 9 (25:46):
Ten months ago I was rear rendered by an Amazon
delivery van.
Speaker 2 (25:52):
So far, so good.
Speaker 6 (25:55):
I just went through ten months.
Speaker 9 (25:57):
Of therapy and acupuncture and everything. Oh and finally my
back seems to be okay. All right, I just found
out that Jeff Bezos has only like two hundred and
thirty billion dollars. Would it be wrong to ask for
five million in settlement, of.
Speaker 2 (26:15):
Course not it wouldn't be wrong to ask for one
hundred million dollars because he can afford it. Now, Richard,
what is that worth? Okay? That's for starters. Do you
have an attorney, Ivan, Yes, okay, somebody excellent. Okay, So
let me ask you this. Has your attorney said or
(26:35):
told you anything of the value of the case.
Speaker 3 (26:40):
Not yet? No?
Speaker 2 (26:41):
Okay, Well, the attorney will. All right, the attorney will,
because predicated on the amount of the care that you've
been given, the treatment that you're going under over now,
ten months for a soft tissue injury is a long time.
I'm assuming you didn't have broken bones or any of
that at right. This is all sore next or back
(27:02):
kind of.
Speaker 3 (27:02):
Thing, exactly.
Speaker 2 (27:04):
Okay, okay, So what you're going to get is a
few thousand dollars because that's what the case is worth.
And by the way, it isn't Jeff Bezos who you're
going after. You're going after the company Amazon, and it's
(27:25):
their insurance company that is going to deal with your
attorney and will pay you, will write the check, so
they will. I have to tell you, though, if I'm
the insurance company and I'm looking at you, Ivan, and
you're telling me it's ten months of treatment, ten months
of treatment for soft tissue injury. I had to be
(27:48):
prepared for an adjuster saying we're not even going to
pay your medical costs or all of them. We're only
going to pay a portion of your medical costs and
you're not going to get a dime and pain and suffering.
So can you ask for five billion? Of course you can.
You can ask, Yeah, you can ask for a million,
you can ask for ten million, you can ask for
(28:12):
a trillion. Sure, you can ask for anything. Why not. Now,
let's say you live in chronic pain. If you hurt
a lot, I mean twenty four to seven, that's chronic pain.
I happen to be married to someone who does. It's
tough to look at, it's tough to see, it's tough
to deal with it because someone you love is just
(28:33):
hurting and that is no fun. And so let me
tell you what she did. What Lindsay did to help
her out and to help other people out, She created
The Pain Game podcast. Every week she talks to guests
who have dealt with pain, what they're doing about pain,
their doctors, talking to friends and setting up, they talk
(28:55):
to the community. I mean, it's really an impressive cast
and every episode ends with a message of hope. And
that's what makes it so absolutely wonderful this podcast. And
then you'll understand the show is truly about giving pain purpose.
I know that sounds crazy, but when you listen to it,
you'll know exactly what I'm talking about. It's the Pain
(29:17):
Game Podcast. The Pain Game Podcast season three just started
dropping her social addresses at the Pain Game Podcast and
you can listen to it wherever you listen to podcasts.
The Pain Game Podcasts. This is Handle on the Law.
Speaker 6 (29:36):
Back or.
Speaker 2 (29:39):
Handle on the Law. Hey John, Welcome, Good morning Belle.
Speaker 7 (29:44):
How yes, sir, listen Back in twenty twenty two, my
GP sent me for an end oscopy and they found
some gas stritus in my stomach and she basically gave
me promoted ing, which was as a sophisticated an acid,
and so I was on promotating for the longest period
(30:06):
of time. A year after that, I started experiencing some
shortness of breath in August, in the summer of twenty
twenty three. At the time, I was also experiencing some
nerve damage. So she sent me to a nerve specialist
and to check up on me and see what was
going on with my lungs. The nerve specialists couldn't figure
(30:28):
anything out, and basically they put up their hands. The
entire time since the moment I saw my doctor in
twenty twenty two, I was slowly experiencing weight loss, but
it wasn't until this last year of twenty twenty four
and into twenty twenty five.
Speaker 1 (30:45):
Then I experienced a.
Speaker 7 (30:46):
Tremendous amount of the weight loss, which of course was
all documented with my GP in her office every time
I see her, but she never did anything about it.
I kept reminding her, Hey, I'm still losing weight. I'm
still losing weight. I ended up losing like sixty pounds
fifty to fifty pounds, but in the meantime, with my
sharpness of breath, they finally because I was losing weight loss,
(31:08):
and I reminded my doctor at the very end of
twenty twenty four, I'm still experiencing weight loss. She sent
me in for a video swallow test and they showed
problems with swallowing and problems with my esophagus. And then
later it came to find out that it was because
of extreme acid reflux. And then later they summarized a
(31:29):
lung doctor had summarized that my lungs had been burned
from slowly ingesting acid vapors at night, and I've got
permanent lung damage and scarring.
Speaker 2 (31:41):
In mind, the acid reflux. The acid in your stomach
was coming up, which it does, and it was exiting
in your mouth and you were breathing it, and then
it came back into your lungs and the acid gave
you permanent damage in your lungs. Correct, Yeah, more like yeah, okay, good,
(32:07):
I think I'm getting I never heard of this case.
I'm assuming you have a doctor or a group of
doctors that will specifically say your lung problems are because
of the acid reflux and the doctor missed it and
it is a case of malpractice. I mean, it has
(32:28):
to be that specific, and you have doctors that are
willing to testify to that.
Speaker 7 (32:35):
Well, you know, doctors are sometimes very reluctant to testify.
Speaker 2 (32:42):
No, that's not true. You pay them all day long.
There are tons of doctors out there that testify. All
I have to do is pay them, you know, five
thousand dollars a day or whatever the hell they charge. Now,
have you talked to a man? Have you talked to
a medical malpractice attorney?
Speaker 3 (33:00):
No? I haven't.
Speaker 2 (33:01):
Okay, that's your next step. Okay, that is your next step.
And the med mal attorney will turn will send you
to a doctor, a specialist, who will do an exam
and find out if the connection is there or at
least indicate the connection is there, and then the insurance
(33:24):
company of the medical provider is called, and then there
is or is not medication in negotiation. I've never heard
of a case like this, But if that was the
case and you have permanent damage breathing damage is a
result of that, and it was missed and you can
prove it, then I think there's something there. The problem is,
(33:49):
it sounds pretty out there. So if I'm not going
to tell you not to go, I would go to
a medical malpractice attorney. Under these circumstances. It's a free
consultation and no one's going to charge you anything, and
it's not going to cost you out of pocket. But
I also will tell you it has to be a
dead certain case because to bring in a specialist, a doctor,
(34:13):
it is five thousand dollars a day, if not more,
and it's not cheap to do, so they have to
figure out they're going to get a good case. Brian, Hello, Brian, welcome, Hey,
how are you go? Ahead?
Speaker 6 (34:33):
Hey?
Speaker 3 (34:34):
HOA question?
Speaker 10 (34:36):
So I haven't been paying my HOA because I can't
find any paperwork from when I bought the house. They
can't produce any paperwork. They have a new management they want.
The new management keeps hounding me for payment that they
don't have any paperwork either.
Speaker 2 (34:55):
So how much do they want you to pay?
Speaker 10 (35:00):
From sixty I guess it used to be sixty dollars
now at sixty five dollars a month?
Speaker 2 (35:05):
How long have you been there, Brian?
Speaker 3 (35:09):
Just a year?
Speaker 2 (35:10):
All right? So they want seven hundred bucks because okay,
so you don't have any paperwork. They don't have any paperwork.
By the way, when you sign, did you sign the CCNRS?
Did you say I accept the CCNRS. Did you get
a pile of documents?
Speaker 3 (35:26):
No?
Speaker 2 (35:27):
Okay, all right, so they're going to say you did,
even though they don't have a record of it. And
they're gonna say you all the money you bought into
this place. It's sixty five bucks a month now we
raised it, which I've never heard of in HOA just
being sixty bucks a month. I mean, my god, I
mean that's the cheapest thing I've ever heard of in
my life. So, you know, since you bought the place
(35:50):
and there is no paperwork, do you think you should
not pay the HOA fees?
Speaker 10 (35:57):
Well, only because I didn't sign, no, I understand. But okay,
so but you brought anybody, anybody could just call me
up and say, hey, you owe me money, and I'm focused.
Speaker 2 (36:08):
But this is the ho A. This is this is
a community you moved into where everybody pays ho A fees.
This isn't someone down the street saying you owe me money.
This is the homeowner Association. Right, yeah, so I can
they probably would win. Yeah, I'd pay it. I'd pay it, yeah,
(36:29):
because you know, you know, it's they should have gotten
the paperwork. But in the end you can come in
and go well, just like I said, the argument is, well,
everybody else pays it, we just don't have a record
of it. We came in, we're a new organization, new
management company, and he owes the money.
Speaker 3 (36:47):
Yeah.
Speaker 2 (36:48):
Okay, Now, let me talk to you about being in
chronic pain or living with someone who's in chronic pain.
That's not fun. I live with someone who's in chronic pain,
and not only is it frustrating, your heart goes out
to these people because it's twenty four to seven of pain.
And that's my wife. And I don't know how she
does it. She's a trooper, but I'll tell you what
(37:08):
she did. She created the Pain Game Podcast and it
drops every week, and it's about helping people. It's about
helping herself and her guests talk about pain, what they've
done about it, who they have seen to treat it,
how they cope with it, and it just helps make
life easier for everybody, me in looking at it and
dealing with it, and her in suffering from it. That's
(37:31):
the Pain Game Podcast. And every episode ends with a
message of hope. I know that sounds strange, but it does.
And even more strange is you'll understand the show is
truly giving pain purpose and it does. I know that
sounds counterintuitive, but this really works. That's the Pain Game Podcast.
It's the Pain Game Podcast. It's available wherever you listen
(37:54):
to podcasts. You can follow on social at the Pain
Game Podcast. Season three. He just started the Pain Game Podcast.
This is handle on the Law
You're listening to Bill Handle on Demand from KFI AM
six forty.
Speaker 2 (00:08):
This is Handle on the Law marginal legal advice where
I tell you you have absolutely no case. I want
to visit again COVID and as I said, when COVID
first became big news and almost a million Americans died
of COVID, and the way we reacted and starting the
(00:31):
testing and then coming up with the vaccines, and just
the politics between Biden and the Trump administrations in terms
of dealing with the vaccines. In the middle of all that,
Los Angeles, which is very pro renter and has a
very strict rent control ordinance where rents cannot be raised
(00:55):
more than whatever the Rent Stabilization Board allows two percent
three percent a year, while the City of California allows
up to ten percent a year. But areas that are
rent controlled can the rents are and can be reduced. Okay,
So Los Angeles has rent control and during COVID, the
(01:19):
city said that you cannot evict people who are in
the COVID areas for not paying their rent and therefore
we the renters, don't have to pay for that time.
You couldn't evict us. Maybe we owe the money, but
there's all kinds of programs, we don't have to pay it.
(01:41):
So it ended up happening. A coalition of apartment owners
who said they rent over forty eight hundred units in
luxury apartment communities, mainly to high income tenants, are suing
suing the city now asking for twenty million dollars in
damages from paid from tenants who did not pay their rent.
Because here's what happened. You couldn't force them out and
(02:04):
at the same time, you couldn't collect their rent until
the COVID epidemic was declared over. And these people just
stiffed the landlords and off they went. I mean, they
owed the money, but they hadn't paid for a year.
They had paid for two years, and that rent racked
up and they just left. Well, this whole organization is
suing the city for twenty million dollars in damages not
(02:27):
because of rent control, which the Supreme Court has ruled
over and over again. Rent control is something that is
allowed by the cities. Even though the coalition apartment owners
business owners fought that like crazy, what this is is
they argued it was a taking from the government. In
(02:50):
other words, what the government did effectively took away their
property for that period of time, and they ended up suing.
Speaker 3 (02:59):
Well.
Speaker 2 (03:00):
Supreme Court turned down that claim with only two conservative
justices in dissent. And the landlords, who say they lost
millions of dollars from unpaid rent, will not be able
to get it from the city. It just doesn't work.
The landlord said that the strict limits on evictions from
(03:24):
people not pay their rent actually took away their private property.
It's kind of a stretch, but their argument was it's
the same thing as taking away our property for that
period of time and violation of the constitution. And the
court said, no, we're not hearing it. Let's go ahead
(03:45):
and take some phone calls down.
Speaker 3 (03:47):
Hello, Jeff, hey Bill. If I pass away without a trust,
will my assets still go into probate or do they
give it to my wife.
Speaker 2 (03:59):
They're not gonna get it to your wife. It'll go
what your existing wife, the one you're married to now, right, Yeah,
she'll get it.
Speaker 3 (04:06):
Yeah, yeah, I don't have any kids.
Speaker 2 (04:07):
Oh yeah, she'll get it all. She'll get it all.
She'll get it all.
Speaker 3 (04:09):
There's no point, there's no it doesn't matter a long time,
not really.
Speaker 2 (04:13):
She'll file and intestate probate and she'll get it.
Speaker 3 (04:18):
Yeah. I just wonder is there any reader for me
to get a trust?
Speaker 2 (04:23):
It doesn't really matter. I mean, she's gonna get.
Speaker 3 (04:25):
It all anyway. I have some property, Yeah.
Speaker 2 (04:27):
So you put it into the trust. You want to
give her a trust, you want to put it in
the trust. You can leave it alone, you can write
a will she's if you want her to have it.
If you want the property to go someplace else, if
you want some other people to get part of what
you have, then you we either write a will or
(04:47):
you put it in your trust and you make those
accommodations for your side of it. Whatever you own, because
you own if all the property you own it was
during the course of the marriage that you bought, well,
how long you've been married.
Speaker 3 (05:01):
Jeff, I've been married twenty years. But one of the cases,
the property that I have is an inheritance that I
got like a year ago.
Speaker 2 (05:08):
Then they're yours. Then they're yours. And do you want
to leave all the property to your wife or do
you have anybody else you want to leave property to?
Speaker 3 (05:17):
No, just just her, assuming.
Speaker 2 (05:20):
Then you're fine, you know, just if you want to
make it easy for you, you write a will. If
you want to make it easier for her, then you
put it in the trust. But she's going to get
it under any circumstances. So yeah, okay, okay, goodbye, uh Frankie,
Hello Frankie, welcome.
Speaker 4 (05:38):
Hey Bill.
Speaker 1 (05:39):
I need a little reasonable legal advice. I'm a I
was in a real estate transaction and the seller had
post closing obligations that didn't do so I sued them.
Their attorney is a triple threat, devous, dishonest, and unethical,
and he's trying to or so my LLC saying either
(06:02):
I didn't file my statements of information on time, or
I went through twenty dollars for personal reasons out of
the LLC account. He's trying all this stuff to say
my LLC does not apply and provide me any protection
in what is any of that true?
Speaker 3 (06:20):
And what you can do?
Speaker 2 (06:22):
Yeah, but you know, piercing the corporate veil is what
you're talking about here for twenty bucks, It's not going
to happen. You know, no judge is going to go
because you're going to defend the LLC, assuming that the
LLC is still in place, it is still registered, all
the paperwork is there and he's dancing around saying, you
(06:44):
didn't file on time, and I don't know if you
did or didn't. I mean it helps him if you didn't.
But it's, you know, twenty bucks, little bits and pieces.
He's going to go no place with that. You're gonna
be Okay, Judges don't buy that because because inevitable you're
gonna go to court on this. Now, it doesn't you
know the Yeah, inevitably you're gonna sue, that's all. And
(07:06):
the defense is going to be not that the money
is an ode. The defense is here, we go corporate veil.
Twenty dollars didn't file on time? Yeah, so that's what
you're gonna have to do. Okay, that's yeah, twenty dollars.
Come on. Seriously, we are in a changing world, the economy, technology, education,
(07:32):
but there are a couple of things that don't change.
One of them, I'm an ass I always have been.
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(07:53):
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(08:15):
use the code KFI fifteen percent off until the end
of the month. Ze E L M I N S
dot com. Use the code KFI Zelmans dot com. This
is a Handle on the Law. Welcome back for Handle
on the Law marginal legal advice. Hey Karen, Welcome to
(08:36):
Handle on the Law. Hi Bill, Yes, ma'am.
Speaker 5 (08:42):
So we have a checking account and we tried to
deposit too. They got flagged for fraud, and long story short,
they have restricted our account.
Speaker 6 (08:55):
Not giving us our checks back and.
Speaker 5 (08:58):
Proposing our accounts to anything and being held hostage.
Speaker 2 (09:04):
And okay, so there, all right? They're holding onto your
money at this point, correct?
Speaker 5 (09:16):
Can you hear me, Bill?
Speaker 2 (09:17):
Yeah?
Speaker 3 (09:17):
I can.
Speaker 2 (09:18):
They are holding onto your money? Do I have that right?
Speaker 6 (09:21):
Exactly?
Speaker 2 (09:22):
Okay? How much money? How much money are they holding
onto that they will not cut loose?
Speaker 5 (09:28):
About three thousand dollars.
Speaker 2 (09:30):
Okay, so that's real money. And uh, how long have
they been holding onto your money?
Speaker 5 (09:36):
About a month?
Speaker 2 (09:38):
Oh my god. Okay, I'm assuming you talk to management.
Speaker 5 (09:43):
Yes, we have been on the brand and we've been
on the phone with them multiple times.
Speaker 2 (09:49):
What are they? What are they? What are they saying?
Speaker 5 (09:52):
They're saying that they need to whenever a check gets
flagged for fraud, they need to check on some California
business website for a phone number that they have to
call to verify the validity of the check. We don't
know what that number is, but they are unable to
verify it for whatever reason. We get them in touch
(10:15):
with the check writers.
Speaker 7 (10:16):
Yeah.
Speaker 2 (10:18):
And by the way, the check writers are the check
was it? Were they fraudulent checks?
Speaker 7 (10:23):
No?
Speaker 5 (10:23):
No, So my son received a couple of small scholarships
and so they were both from nonprofit organizations. One was
in the amount of twenty five hundred and the other
was about six hundred dollars, and for some reason, they
both got flagged when we tried to deposit them. So
the bank has been in touch with both of those organizations.
(10:44):
They've been telling them that they're valid checks, but they
they won't release the money. They won't even return the.
Speaker 6 (10:51):
Checks to us.
Speaker 5 (10:52):
All right, well we can't even take them elsewhere.
Speaker 2 (10:55):
No understood, understood? Yeah, yes, yeah, one of those things
when you're dealing with the bureaucracy of a major bank.
I would simply start going and complaining. You're not going
to file a lawsuit. I mean, maybe you are for
the three thousand dollars. And the problem is, I don't
know what the rules are about filing a lawsuit against
(11:17):
a federally insured bank. There you're not just filing a
lawsuit against your neighbor whose tree is encroaching on your property.
So I don't know those rules. But I would immediately
file a complaint with the FDIC instantly, and at the
same time, find whatever California regulatory agency is involved, and
(11:40):
move up the chain, as you know, just go as
far up the chain as you can, you know, find
the vice president in charge of holding onto money too long.
Because you're not going to get an attorney, I mean
that's side of the question. Maybe that's but again, maybe
you can, but again you have to look at the rule.
I don't know the rules about filing a small claims
(12:03):
suit against the bank, because there may be federal regulations involved.
But that's where you've got to go. It's just it's
a nightmare when you get caught up in these bureaucracies.
A nightmare. Yeah, I don't mind. You know, if it's
been flagged, I get it. So they hold on to
it for two, three days, four days, I get it.
You know, It's happened to me before where money was
(12:25):
held and you know, foreign money was put in and
they had to check and they and the check actually cleared,
the funds cleared, and we had a record the funds clearing,
and it still took two or three days for them
to figure it out. They got the What they did
is they had to buy money for a few days
and they didn't pay interest on it. And if you
(12:47):
add that millions of times on a monthly basis, imagine
how much money they make. So yeah, so that's where
I would go with that. That is not fun getting
caught up with that kind of a bureaucutic nightmare. Hey, Jeff,
welcome to your handle on the law.
Speaker 4 (13:07):
Hello, hey, doing, here's a question for you.
Speaker 3 (13:09):
M M.
Speaker 4 (13:10):
I am a heating and air contractor sub myself out.
I worked to work for a heating and air contractor.
I'm just a superintendent on the project. I'm having major
problems with the general contractor, the superintendent on the project.
He degrades me in front of people. He cusses me out,
(13:32):
goes on and on. This is the third time that's happened,
and I'm finally having to do something about it. I
told the owner of my company that was a file
complaint against the general contractor, and he said he didn't care.
So I'm wondering where can I go with this?
Speaker 3 (13:48):
I mean can't.
Speaker 2 (13:49):
Yeah, you can't because you're not employed by the contractor
who is harassing you? Basically, who's doing that? If your
boss doesn't care, basically, just suck it up. There's not
much there's. You know, you can't do too much because
you're gonna get your boss pissed off at you. Are
(14:11):
you an employee or are you a ten ninety nine contractor?
Speaker 4 (14:14):
Now I'm a I'm an employee for a two year project.
I took over to manage this.
Speaker 2 (14:19):
Well, so let's say this. Okay, you talk to an
employment discrimination attorney, all right, uh, and there may be
something here about a hostile work environment. You file complaint
and your boss doesn't care. Who's more important to your boss,
the other guy or.
Speaker 4 (14:35):
You I should be But he I don't think he
really gives a cramp.
Speaker 2 (14:39):
Okay, at that point, if it gets to really be
a problem, what will he get let you go or
will he walk out of the relationship with the other guy.
Speaker 4 (14:52):
He won't walk out of the lasership the other guy because,
like I say, it's a ten million dollars contract.
Speaker 2 (14:56):
Well then then you know, then you then you just
suck it up and you throw it right back at him.
And just throw it right back at him.
Speaker 3 (15:02):
You know.
Speaker 2 (15:02):
He talks about you and you can ignore it. Uh,
that's it. If here's where you really get him and
this is not a legal issue. If you don't care,
you know, and he says something to go, I don't care,
and he is not getting any response. At some point
he's gonna feel like an idiot because he's talking to
(15:22):
a wall.
Speaker 3 (15:24):
Right.
Speaker 4 (15:24):
Yeah, it's the thing is I mean, it's a it's
a big project. He just he's got away with it
because I've not punched him in the head the first time,
and I let him get away with it for the
next couple of times. And the third time was at
and he does it in front of people, you know.
Speaker 2 (15:38):
And I understand, I understand. So, yeah, you actually punched him.
Speaker 4 (15:42):
No, I was going to.
Speaker 2 (15:44):
Yeah, I know you can't do that. You can't do that.
But the easiest way of dealing with it, you know,
just the easiest way of dealing with it realistically, is
just don't give a damn. Just walk away, let him
talk to a wall.
Speaker 4 (15:56):
Yeah, it's hard to do though, I know it is.
Speaker 2 (15:58):
I know, I know, I know.
Speaker 4 (16:00):
A year and a half into retirement and having to
deal with this, Well, you.
Speaker 2 (16:04):
Can talk, you know, what you can do. You can
talk to him a discrimination law attorney and just see
if there's anything there. Maybe it's a letter to him saying, hey,
I'm gonna sue your ass off if you keep on
doing this. Maybe it'll stop him. Maybe it won't. Uh,
it's and if not, you sort of have to just
deal with it. I don't know what else to tell you.
(16:26):
Uh there, Yeah, I know, And sometimes it happens. Sometimes
you just are in a situation. Does uh does he
have a family? Do you know that.
Speaker 4 (16:37):
The general contractor Yeah, no, the.
Speaker 2 (16:39):
Guy who's harassing you.
Speaker 4 (16:41):
Yeah, yeah, yeah, he has a family of watching kids
and all that. Yeah, yeah, of course not.
Speaker 2 (16:47):
You know what, just hurt the kids. That'll get him.
Speaker 4 (16:51):
Okay, Well thanks for your help.
Speaker 2 (16:53):
Okay, see that's legal advice. You see, that's why people
call this show.
Speaker 3 (16:58):
All right.
Speaker 2 (16:58):
Let me tell you about artificially intelligence AI. And this
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I mean, I'm a business person and it is a
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(17:21):
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(17:44):
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(18:06):
as in hotel suites netsuitet dot com slash handle. This
is handle on the law.
Speaker 1 (18:14):
You're listening to bill handle on demand from KF I
am six forty.
Speaker 2 (18:21):
This is handle on the law. Marginal legal advice. Uh, Aretha,
do I have that right? Or Aretha?
Speaker 6 (18:30):
Yes?
Speaker 2 (18:30):
Aretha, okay, not your Aretha, but Aria.
Speaker 6 (18:35):
Yes, it's for Retha.
Speaker 2 (18:37):
Got it? That makes it easier? Yeah, because I thought,
maybe you know your mother or father was a medical professional,
and uh, all right, never mind. Uh, okay, what can
I do for you?
Speaker 6 (18:49):
I love you, love you, love you, love you for years.
I just had to say that. But I had a
I bought a house in Whitewater. Whitewater is outside of
Pomp's Okay, okay, bought a house of Whitewater. It was a.
Speaker 4 (19:06):
Modular home, but I have million dollar views.
Speaker 6 (19:09):
Bought the house, went with the idea of.
Speaker 1 (19:12):
Getting solar, had solar.
Speaker 6 (19:14):
Put on the house. It went online, so it started
using the solar. In September and October eighteenth, my house
completely burned down. I had to run. I had to
run out the house. As I'm running out the house,
I saw the flames coming from the solar battery. They
(19:38):
were testa batteries that they put on the back of
my house and they exploded.
Speaker 2 (19:43):
Okay, and you lost. You lost your house.
Speaker 6 (19:47):
I lost my entire lot. Yes, I did lose my life,
but I lost everything.
Speaker 2 (19:52):
Right now, guy, I know you didn't lose your life,
because we're talking. I get that. So you're out of
the house. You lost your house, and your question is.
Speaker 6 (20:04):
I want to sue.
Speaker 2 (20:06):
Of course you do.
Speaker 6 (20:08):
Yeah, yeah, And my problem is that cal Fire wrote
the report, and the report says undetermined. If you would see,
if you would have seen the photos of the back
of the house, you could of the house, You could
tell where the fire started. You could see the next
(20:30):
So you've got.
Speaker 2 (20:30):
Someo Okay, you have some evidence that proves that just
because it says it's undetermined by cal Fire does not
mean that it did not start at the battery. It
doesn't hurt you. It doesn't help you. Now, if they
had said it was the battery that was at fault,
(20:51):
that helps you. But for them saying it's undetermined, okay,
they don't know. Next step, Let's get an expert in there,
because they're are fire experts who go out there and
say specifically, we'll look at photos. Is the house still
there by the way or has it been raised? Is
it all gone?
Speaker 6 (21:11):
It's being gone and being replaced with a new modular home.
Speaker 2 (21:18):
Okay, so you're getting in, So you're getting a new home, right.
Speaker 6 (21:22):
Yes, but I'm still I'm still in in the the.
Speaker 2 (21:28):
Lad I'm in the red Okay, you're in the red
howl because you're paying for Are you paying for the house?
Are you are you paying your mortgage payments?
Speaker 6 (21:37):
Yes, I'm paying my mortgage payments. I've lost all of
my items. I had to come out of pocket.
Speaker 2 (21:44):
Okay, well that's a claim. I mean, that's simply a
homeowner's claim.
Speaker 3 (21:48):
That's easy.
Speaker 2 (21:49):
And let them go after and let them go after Tesla.
I mean, you're not going to file lawsuits. Let them
do it. Let your homeowner association or a homeowner's policy
do it. So that one is easy and you're out
of pocket a lot. And again, your homeowners insurance should
cover all of that if you have a decent homeowners
(22:11):
policy your home.
Speaker 6 (22:14):
No, I have California share plans.
Speaker 2 (22:18):
Oh yeah you are WHOA. Yeah, that is tough, the
California Fair plan because all it covers is fire to
the home. It doesn't cover what's inside the home. It
doesn't cover rent. So you've got to go after Tesla
and I have to find a lawyer that's willing to
(22:39):
do that, and that's not going to be easy because
there isn't a whole lot of money to be made
when you think about it, because what do you have.
You have the interior of the house, you have whatever
you're paying for rent and you're having. You could argue
pain and suffering, but that's not going to go any place,
(23:00):
so your your damages are fairly limited. So getting a
lawyer that's going to go after I mean, how's the
lawyer going to make money if it's a few thousand dollars.
So you know what I would do. I would talk
to I would talk to a personal injury lawyer just
to get some advice. And you can go to handle
(23:24):
on the law dot com and talk to one of
my lawyers and just say we talked and I had
said I don't think that it is a I don't
think it's a personal injury case. But they may have
a recommendation that I don't have. So go to the
website and talk. You'll probably talk to Mark and just
(23:46):
ask the question and make sure that you tell them
that I said, I don't think there's a case there,
but does he have a referral? That's important. Jonathan, Hello,
Jonathan hid Bill.
Speaker 3 (23:58):
How are you?
Speaker 8 (23:59):
Yeah, yes, sir, okay, I've got I'm working with a
debt resolution specialist.
Speaker 3 (24:05):
I've got about.
Speaker 8 (24:05):
Forty thousand dollars worth of debt and we've renegotiated most
of my bills. A few of them were charged off,
and I have two that have recently filed lawsuits against me.
Speaker 2 (24:14):
What do I do You have to defend your lawsuit?
You have to call them up, negotiate and if they
say no and they take you to court, they're going
to get a judgment. If it's a legitimate debt, they
don't have to take any settlement. Absolutely not. You owe
them the money. Here is the contract. Most companies will negotiate.
(24:38):
Occasionally you'll see a company saying, nah, we'd rather go
to court. What is of those two companies? How much
do you owe each?
Speaker 3 (24:46):
One?
Speaker 8 (24:48):
Total is about fifteen ten thousand and one five thousand
the other.
Speaker 2 (24:52):
Yeah. You see, that's the problem, particularly the fifteen thousand
dollars company, because they may have done an asset search
and figure you can afford it, or at the very
last instance, you know, in the courthouse steps, they're negotiate
and say, tell you what, pay us twelve thousand dollars
and we'll give it to you. There isn't jack you
can do about it. If you have a good if
(25:14):
you have a good resolution company, and there are plenty
of good ones out there, good debt resolution companies. They're
negotiating like crazy on your behalf, and they should tell you, you know,
there's nothing we can do. These people will not negotiate,
and then you get nailed, and you get nailed and
you owe the money. That's the problem. You know, there
are consequences for being a flake. Now you can go
(25:35):
bankrupt on it. You can go bankrupt on it. That's easy. Ivan, Hi, Ivan,
welcome Hi. Yes.
Speaker 7 (25:46):
Yeah.
Speaker 9 (25:46):
Ten months ago I was rear rendered by an Amazon
delivery van.
Speaker 2 (25:52):
So far, so good.
Speaker 6 (25:55):
I just went through ten months.
Speaker 9 (25:57):
Of therapy and acupuncture and everything. Oh and finally my
back seems to be okay. All right, I just found
out that Jeff Bezos has only like two hundred and
thirty billion dollars. Would it be wrong to ask for
five million in settlement, of.
Speaker 2 (26:15):
Course not it wouldn't be wrong to ask for one
hundred million dollars because he can afford it. Now, Richard,
what is that worth? Okay? That's for starters. Do you
have an attorney, Ivan, Yes, okay, somebody excellent. Okay, So
let me ask you this. Has your attorney said or
(26:35):
told you anything of the value of the case.
Speaker 3 (26:40):
Not yet? No?
Speaker 2 (26:41):
Okay, Well, the attorney will. All right, the attorney will,
because predicated on the amount of the care that you've
been given, the treatment that you're going under over now,
ten months for a soft tissue injury is a long time.
I'm assuming you didn't have broken bones or any of
that at right. This is all sore next or back
(27:02):
kind of.
Speaker 3 (27:02):
Thing, exactly.
Speaker 2 (27:04):
Okay, okay, So what you're going to get is a
few thousand dollars because that's what the case is worth.
And by the way, it isn't Jeff Bezos who you're
going after. You're going after the company Amazon, and it's
(27:25):
their insurance company that is going to deal with your
attorney and will pay you, will write the check, so
they will. I have to tell you, though, if I'm
the insurance company and I'm looking at you, Ivan, and
you're telling me it's ten months of treatment, ten months
of treatment for soft tissue injury. I had to be
(27:48):
prepared for an adjuster saying we're not even going to
pay your medical costs or all of them. We're only
going to pay a portion of your medical costs and
you're not going to get a dime and pain and suffering.
So can you ask for five billion? Of course you can.
You can ask, Yeah, you can ask for a million,
you can ask for ten million, you can ask for
(28:12):
a trillion. Sure, you can ask for anything. Why not. Now,
let's say you live in chronic pain. If you hurt
a lot, I mean twenty four to seven, that's chronic pain.
I happen to be married to someone who does. It's
tough to look at, it's tough to see, it's tough
to deal with it because someone you love is just
(28:33):
hurting and that is no fun. And so let me
tell you what she did. What Lindsay did to help
her out and to help other people out, She created
The Pain Game podcast. Every week she talks to guests
who have dealt with pain, what they're doing about pain,
their doctors, talking to friends and setting up, they talk
(28:55):
to the community. I mean, it's really an impressive cast
and every episode ends with a message of hope. And
that's what makes it so absolutely wonderful this podcast. And
then you'll understand the show is truly about giving pain purpose.
I know that sounds crazy, but when you listen to it,
you'll know exactly what I'm talking about. It's the Pain
(29:17):
Game Podcast. The Pain Game Podcast season three just started
dropping her social addresses at the Pain Game Podcast and
you can listen to it wherever you listen to podcasts.
The Pain Game Podcasts. This is Handle on the Law.
Speaker 6 (29:36):
Back or.
Speaker 2 (29:39):
Handle on the Law. Hey John, Welcome, Good morning Belle.
Speaker 7 (29:44):
How yes, sir, listen Back in twenty twenty two, my
GP sent me for an end oscopy and they found
some gas stritus in my stomach and she basically gave
me promoted ing, which was as a sophisticated an acid,
and so I was on promotating for the longest period
(30:06):
of time. A year after that, I started experiencing some
shortness of breath in August, in the summer of twenty
twenty three. At the time, I was also experiencing some
nerve damage. So she sent me to a nerve specialist
and to check up on me and see what was
going on with my lungs. The nerve specialists couldn't figure
(30:28):
anything out, and basically they put up their hands. The
entire time since the moment I saw my doctor in
twenty twenty two, I was slowly experiencing weight loss, but
it wasn't until this last year of twenty twenty four
and into twenty twenty five.
Speaker 1 (30:45):
Then I experienced a.
Speaker 7 (30:46):
Tremendous amount of the weight loss, which of course was
all documented with my GP in her office every time
I see her, but she never did anything about it.
I kept reminding her, Hey, I'm still losing weight. I'm
still losing weight. I ended up losing like sixty pounds
fifty to fifty pounds, but in the meantime, with my
sharpness of breath, they finally because I was losing weight loss,
(31:08):
and I reminded my doctor at the very end of
twenty twenty four, I'm still experiencing weight loss. She sent
me in for a video swallow test and they showed
problems with swallowing and problems with my esophagus. And then
later it came to find out that it was because
of extreme acid reflux. And then later they summarized a
(31:29):
lung doctor had summarized that my lungs had been burned
from slowly ingesting acid vapors at night, and I've got
permanent lung damage and scarring.
Speaker 2 (31:41):
In mind, the acid reflux. The acid in your stomach
was coming up, which it does, and it was exiting
in your mouth and you were breathing it, and then
it came back into your lungs and the acid gave
you permanent damage in your lungs. Correct, Yeah, more like yeah, okay, good,
(32:07):
I think I'm getting I never heard of this case.
I'm assuming you have a doctor or a group of
doctors that will specifically say your lung problems are because
of the acid reflux and the doctor missed it and
it is a case of malpractice. I mean, it has
(32:28):
to be that specific, and you have doctors that are
willing to testify to that.
Speaker 7 (32:35):
Well, you know, doctors are sometimes very reluctant to testify.
Speaker 2 (32:42):
No, that's not true. You pay them all day long.
There are tons of doctors out there that testify. All
I have to do is pay them, you know, five
thousand dollars a day or whatever the hell they charge. Now,
have you talked to a man? Have you talked to
a medical malpractice attorney?
Speaker 3 (33:00):
No? I haven't.
Speaker 2 (33:01):
Okay, that's your next step. Okay, that is your next step.
And the med mal attorney will turn will send you
to a doctor, a specialist, who will do an exam
and find out if the connection is there or at
least indicate the connection is there, and then the insurance
(33:24):
company of the medical provider is called, and then there
is or is not medication in negotiation. I've never heard
of a case like this, But if that was the
case and you have permanent damage breathing damage is a
result of that, and it was missed and you can
prove it, then I think there's something there. The problem is,
(33:49):
it sounds pretty out there. So if I'm not going
to tell you not to go, I would go to
a medical malpractice attorney. Under these circumstances. It's a free
consultation and no one's going to charge you anything, and
it's not going to cost you out of pocket. But
I also will tell you it has to be a
dead certain case because to bring in a specialist, a doctor,
(34:13):
it is five thousand dollars a day, if not more,
and it's not cheap to do, so they have to
figure out they're going to get a good case. Brian, Hello, Brian, welcome, Hey,
how are you go? Ahead?
Speaker 6 (34:33):
Hey?
Speaker 3 (34:34):
HOA question?
Speaker 10 (34:36):
So I haven't been paying my HOA because I can't
find any paperwork from when I bought the house. They
can't produce any paperwork. They have a new management they want.
The new management keeps hounding me for payment that they
don't have any paperwork either.
Speaker 2 (34:55):
So how much do they want you to pay?
Speaker 10 (35:00):
From sixty I guess it used to be sixty dollars
now at sixty five dollars a month?
Speaker 2 (35:05):
How long have you been there, Brian?
Speaker 3 (35:09):
Just a year?
Speaker 2 (35:10):
All right? So they want seven hundred bucks because okay,
so you don't have any paperwork. They don't have any paperwork.
By the way, when you sign, did you sign the CCNRS?
Did you say I accept the CCNRS. Did you get
a pile of documents?
Speaker 3 (35:26):
No?
Speaker 2 (35:27):
Okay, all right, so they're going to say you did,
even though they don't have a record of it. And
they're gonna say you all the money you bought into
this place. It's sixty five bucks a month now we
raised it, which I've never heard of in HOA just
being sixty bucks a month. I mean, my god, I
mean that's the cheapest thing I've ever heard of in
my life. So, you know, since you bought the place
(35:50):
and there is no paperwork, do you think you should
not pay the HOA fees?
Speaker 10 (35:57):
Well, only because I didn't sign, no, I understand. But okay,
so but you brought anybody, anybody could just call me
up and say, hey, you owe me money, and I'm focused.
Speaker 2 (36:08):
But this is the ho A. This is this is
a community you moved into where everybody pays ho A fees.
This isn't someone down the street saying you owe me money.
This is the homeowner Association. Right, yeah, so I can
they probably would win. Yeah, I'd pay it. I'd pay it, yeah,
(36:29):
because you know, you know, it's they should have gotten
the paperwork. But in the end you can come in
and go well, just like I said, the argument is, well,
everybody else pays it, we just don't have a record
of it. We came in, we're a new organization, new
management company, and he owes the money.
Speaker 3 (36:47):
Yeah.
Speaker 2 (36:48):
Okay, Now, let me talk to you about being in
chronic pain or living with someone who's in chronic pain.
That's not fun. I live with someone who's in chronic pain,
and not only is it frustrating, your heart goes out
to these people because it's twenty four to seven of pain.
And that's my wife. And I don't know how she
does it. She's a trooper, but I'll tell you what
(37:08):
she did. She created the Pain Game Podcast and it
drops every week, and it's about helping people. It's about
helping herself and her guests talk about pain, what they've
done about it, who they have seen to treat it,
how they cope with it, and it just helps make
life easier for everybody, me in looking at it and
dealing with it, and her in suffering from it. That's
(37:31):
the Pain Game Podcast. And every episode ends with a
message of hope. I know that sounds strange, but it does.
And even more strange is you'll understand the show is
truly giving pain purpose and it does. I know that
sounds counterintuitive, but this really works. That's the Pain Game Podcast.
It's the Pain Game Podcast. It's available wherever you listen
(37:54):
to podcasts. You can follow on social at the Pain
Game Podcast. Season three. He just started the Pain Game Podcast.
This is handle on the Law
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