Episode Transcript
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Speaker 1 (00:00):
You're listening to KFI AM six forty. The bill Handles
show on demand on the iheartradiop This is Handle on
the Law Marginal Legal Advice, where I tell you have
absolutely no case. If you're injured and need a lawyer,
go to handle on the law dot com. And if
you're a lawyer and want to join our team because
(00:23):
people desperately need your help, go to handle on the
Law dot com and click on the join today tab
at the top of the page.
Speaker 2 (00:30):
The followings up pre recorded program.
Speaker 1 (00:31):
The city of Huntington Beach, which is in Orange County
of the Los Angeles area, is a pretty controversial city.
It's very very conservative. It backs virtually every policy of
President Trump. And this is a story that is actually
(00:51):
national in scope. It was picked up by virtually every
news outlet in the United States. So Honeyson Beach is
being sued by three residents along with an Orange County
based community group over library policies. And to give you
an idea, this lawsuit was filed in Orange County by
the ACLU Foundation of Southern California, the First Amendment Coalition,
(01:14):
the Community Legal Aid SoCal. It alleges that Huntington Beach
is in violation of the California Freedom to Read Act
it was passed in twenty twenty four, as well as
the California Constitution.
Speaker 2 (01:29):
And its policies.
Speaker 1 (01:31):
We're talking about the policies of Huntington Beach, which includes
a parent guardian children's book review board. So one of
the plaintiffs, Alianza TRANSLATINIX, describes itself as the first transgender
led organization by transgender people of color in Orange County,
(01:53):
and two teenagers are listed as plaintiffs, and in a statement,
the chief executive officer, founding member of Alianza trans LATINIX
said library should reflect not a race, the spaces and
be spaces where young people can discover who they are,
(02:15):
which means, well, you know here we are, we're trans,
we're of color, and we are not going to be erased.
So in twenty twenty three, the Huntington Beach City Council
brought forward the idea of making books deemed obscene and
or pornographic inaccessible to kids okay, and the item passed
(02:38):
by a split vote four to three, and on February seventh,
twenty twenty four, right after that, librarians began moving books
from the children's section on the first floor to an adult.
Speaker 2 (02:48):
Section on the fourth floor.
Speaker 1 (02:51):
This Advisory Book Review or the Children's Book Advisory Board,
features up to twenty one residents appointed by the Council
members established by ordinance, reviewing new children's library books that
it deems possibly inappropriate, stopping them from being going into circulation,
and of course not ordering the books or having the
(03:12):
power to move them different parts of the library and miners.
By the way, children means anybody under the age of eighteen.
So if the board deems that a particular book, let's say,
talks about trans or trans rights is inappropriate, it moves
it to the adult section, even though it is geared
(03:33):
for young people. Well, of course, the lawsuit is going
to hit, and it has.
Speaker 2 (03:39):
And in the political climate, I don't know where it's
going to go. Frankly, it's a very different world. All right.
Let's go ahead and take some phone calls. Hello, brooke them,
thank you.
Speaker 3 (03:54):
So I purchased a vi go ahead and Commas. Yeah,
I purchased a vehicle from Commacs.
Speaker 4 (03:59):
In twenty seventeen. We had twenty thousand miles on the
O Domita. Yesterday we went to trading our vehicle and
they said there's a discrepancy in the odomitor reading from
when we prior to us purchasing the vehicle. So the
vehicle shows in twenty sixteen it was serviced twice thing
twenty nine thousand miles and then thirty seven miles, thirty
(04:19):
seven thousand miles, and then when Cormacks sold us the car,
it had twenty thousand miles on it. So we were told.
Speaker 3 (04:25):
To contact an attorney because they would not the dealership
we were trying to sell a Carty would not take
it because of this. And whether that Commacks reached a
contract by selling us a car that had unbeverified miles
on it.
Speaker 2 (04:40):
Yeah, I don't know if cole.
Speaker 1 (04:42):
I haven't seen a contract with CarMax. I sold a
car to CarMax and they're pretty good. I mean I
got a good chunk of money, more so than I
would have done if I just sold it on the street. So,
and CarMax has a really good reputation. So before you
talk about an attorney, what is Carmack saying.
Speaker 5 (05:02):
Nothing.
Speaker 3 (05:02):
I'm going in there right now, so I want to
find out prior to going in all right, then.
Speaker 1 (05:06):
You talk to them and don't and don't mention, don't
get aggressive, by the way, what they did, if they
did that, and their duty bound to do that, and
I don't know the laws on this one. Is a
crime to move the odometer setting. I mean that is
a straight out violation of law. And it's not a
civil issue. It is a crime, although obviously someone who's
(05:28):
been hurt by that has a civil case.
Speaker 2 (05:31):
That's all you can go. I'd go in.
Speaker 1 (05:33):
There and simply say, kind of speak to a manager
police and just say, hey, this is what happened.
Speaker 2 (05:37):
What can you guys do. That's the start of which.
Speaker 1 (05:41):
Do not mention the law, Do not mention violation, Do
not mention that they screwed you, Do not mention that
somehow they purposely did it. Just say hey, hey, we've
got a problem here. What can you do about to
help me out? And then we take it from there,
(06:02):
and then you call me and then I yell you
later on. Okay, that's how to handle it. I say,
you always try to go outside the law. I mean,
I've got an issue going on right now with the
batteries on my solar system and something's really squirrely with them,
and it's a long, complicated story. But I'm going back
(06:23):
to the original seller and going, hey, I just need
some help here, I really do, would you please? And
that's where you start. That's always where you start. Now
if you happen to live in chronic pain, I mean
you're in pain all the time, or maybe you know
someone who does. Let me suggest you listen to The
Pain Game podcasts because this is about people who have
(06:45):
lived with, who have dealt with, who have treated folks
living in pain. The host, Lindsay Soprano, who I know
very well, deals with chronic pain twenty four to seven
and does it heroically and I see this every day
episode ends with a message of hope. She's a real
optimist and you will quickly understand that every show is
(07:06):
about giving pain purpose. Now I don't get it to me.
Pain is pain, but this goes way beyond that. So
listen to the show. Wherever you listen to podcasts, it's
the Pain Game podcast The Pain Game podcasts.
Speaker 2 (07:22):
This is Handle on the Law and welcome back.
Speaker 1 (07:26):
Handle on the Law, Marginal legal Advice where I tell
you have no case.
Speaker 6 (07:33):
Matt, Hello, Matt, Hey, Hey Bill. All right, here's the background.
So I'm part of a HOA. One of the members
of the HOA filed a claim and insurance claim against
her insurance for an injury sustained by their twelve year
old kid. Twelve year old was playing in one of
the retention basins that we have after a storm and
got sucked into one of the drainage colverts and was
(07:56):
injured and then is filing a claim. So insurance insurance
is basically I think they're going to litigation. But the
comedy of errors with this is that our insurance was
up and we had to get a new insurance company
to provide coverage, and since there's an open claim, jacked
up the insurance premiums and we've got all a special
assessment of basically six hundred bucks per per member of
(08:20):
the HOA that they're going to have to we're.
Speaker 2 (08:22):
Going to happen for how long? How long is assessment
gonna go through?
Speaker 6 (08:26):
Yeah, it's going to be every year, is what the
Board of Directors is telling us. So six hundred dollars
every year and then.
Speaker 1 (08:31):
Okay until I'm assuming, until the litigation is over, until
the decision is made.
Speaker 2 (08:36):
Okay's right.
Speaker 6 (08:37):
So, and just a little bit more backstory. Twelve year old,
the parents were not at home, they're out of the
country when this injury was sustained. And also the city
does an annual review of these drainage basins or the
retention basins, and everything was up to code.
Speaker 7 (08:52):
Right.
Speaker 6 (08:53):
My question to you is, I'm planning on and once
I get that special assessment checking the mail here in
a couple of weeks, I was actually going to send
a demand letter to these parents to say, hey, pay
this fee for me or reimburse me before then having
to take them to small claims. But I want to
get your take on if that's a legitimate small what.
Speaker 1 (09:13):
Are you going to do in small claims court against them?
Speaker 2 (09:16):
It's no small money. Yeah, that's way, it's way.
Speaker 1 (09:19):
Beyond a small claim court ability to deal with this
ain't gonna happen in small claims court. Uh, because the
case is wide open right now. It's wide open, so
there's been no judicial determination, So that doesn't help you.
Speaker 2 (09:37):
That's one of your defenses.
Speaker 1 (09:39):
And what ends up happening after the case is over
then you go against the parents for the money that
the h o A has lost, saying it's your fault.
Speaker 2 (09:51):
We won this case. Clearly, it's your fault.
Speaker 1 (09:54):
We want our money back that it cost us to litigate,
and our money, I would argue, is the jacked up
insurance costs and that's where it sits. So it's way
premature at this point. How badly was the kid banged out?
Speaker 6 (10:09):
Pretty bad? They there are pictures posted on one of
the social media comes.
Speaker 1 (10:13):
Okay, hey he's so, let me ask me he's the
kid is twelve years old?
Speaker 8 (10:17):
Right?
Speaker 5 (10:18):
Correct?
Speaker 2 (10:19):
Okay?
Speaker 1 (10:20):
And there was no one at home, the parents were
on vacation. Who was taking care of the twelve year old?
Speaker 6 (10:25):
Based on the social media posts, I'm thinking as an
older brother, that's okay?
Speaker 2 (10:29):
And how old is the older brother?
Speaker 6 (10:32):
I think eighteen? I think yeah, I think that's.
Speaker 1 (10:35):
You know what, that's enough because you have somewhat of
majority taking care of the kids, so you're not going
to be able to say unsupervised, the kid is unsupervised.
There was some kind of child in neglects, so I
don't thinking go there now. It's just a question of
how negligent was the.
Speaker 9 (10:50):
Kid, right, you know, if the kid if the.
Speaker 1 (10:54):
Court, yeah, if the kid, if the court determines that
the kid is negligent to whatever extent and in California,
we have something called comparative negligence, which means, let's say
there were one hundred percent damages. Let's say one hundred
thousand dollars worth of damages. That's medical bills of pain
and suffering, et cetera. If the kid is ninety percent
(11:15):
at fault, the ho is responsible for ten thousand dollars
of it. And that's so that's what's going to happen.
In the meantime, your insurance company is defending. They clear
Obviously the claim is astronomical because insurance companies, if it's reasonable,
settle up, and or they're saying, we are that's you
when we use the word we are insured, is not
(11:37):
responsible at all. That the HOA did everything reasonable under
the circumstances.
Speaker 2 (11:45):
For example, have a high enough fence.
Speaker 1 (11:47):
For example, have a big honkin sign that says this
is dangerous, don't go over.
Speaker 2 (11:52):
We've got a culvert down here. Any number of things.
Speaker 1 (11:56):
That you could have or should have or would have done.
The more difficult you make it for someone to commit that,
commit that in destruction, or violate what is reasonable under
the circumstances. There's also something called attractive attractive nuisance in
(12:16):
which there was a situation where a twelve year old
kid would want to do that because twelve year old
kids love to climb on stuff.
Speaker 2 (12:26):
And one of the arguments going to be that's what happened.
Speaker 1 (12:29):
So it's a little complicated, but the bottom line is
based on what you said, assuming that you did everything reasonable,
and you're going to argue code, we've met all code.
Speaker 2 (12:37):
You know what your insurance.
Speaker 1 (12:38):
Company handles it, and believe me, you're gonna go there's
gonna be a trial, and based on what you said,
that kid's lawyer is not going.
Speaker 2 (12:46):
To be happy at the end of it. All right,
all right, there it is. That's all of that.
Speaker 6 (12:57):
Hey, Paul, welcome, Yeah, all right, Hey, I had a
trial and I won in a court and the U
so the judge.
Speaker 5 (13:09):
Wanted to seize the assets of the of the defendant,
so he made an order for the sheriff to seize
the assets. So the sheriff did this, and in this
case it happened to be a boat, large boat, seventy
foot yacht. So the sheriff sees that they're supposed to
sell sell it and all posts are supposed to go
to me. Well, the sheriffs had the boat for a
(13:31):
year and a half or better and give me a rule.
Speaker 10 (13:34):
Yeah, they haven't.
Speaker 5 (13:35):
They haven't done anything. You know, what do I do?
Speaker 1 (13:39):
Well, at this point, you can do a couple of things.
Go back to the court and I actually have the
sheriff's department be held in contempt for not following a
court order.
Speaker 2 (13:50):
Also, you know, getting practical.
Speaker 1 (13:52):
I mean, if you don't want to go to court,
I'd call the county Supervisor's office and just go, hey,
what the hell is going on? You guys control the
sheriff And here I am, I'm a constituent, I vote,
I'm a citizen, and you are letting the county Sheriff's
department not do anything when I have a court order.
That's where I'd first go is see what a county supervisor,
(14:12):
the County Supervisor's office does, because every one of those
county offices, every congressional office, has a liison to the constituent.
You know, they take complaints and they say, okay, we'll
do what we can do. So that's where i'd go.
Try that, right, all right, see what happens on that one.
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Speaker 2 (16:00):
This is Handle on the Law.
Speaker 5 (16:04):
You're listening to bill handle on demand from KF I
am six forty.
Speaker 2 (16:10):
Welcome back. Handle on the Law.
Speaker 1 (16:13):
Marginal legal advice, Caring Hello, Caring Hello, y.
Speaker 5 (16:22):
I have.
Speaker 8 (16:25):
Three acres of land. I have a fence around the
entire property, and then I have a fence around the house.
I was gone one day and four dogs got into
my yard and beat up my dog.
Speaker 1 (16:45):
I had beat them up like phizzicley, took their pause
and started just beating them up, not like boxers.
Speaker 2 (16:54):
Who I just thought of that? Were they boxers? Damn,
that's funny. I didn't even I didn't even try for
that one. All right, So they they attacked your dog? Right, yes, okay?
How what happened to your dog? How much? How much?
Speaker 8 (17:12):
Thousand dollars?
Speaker 2 (17:13):
One thousand bucks?
Speaker 5 (17:14):
All right?
Speaker 11 (17:15):
And so what do I do do?
Speaker 1 (17:18):
I as, Yeah, you assume a small claims court for
a one thousand dollars, that's what you do.
Speaker 2 (17:24):
Yeah?
Speaker 1 (17:25):
Yeah, I also have let me throw something at you.
You ever heard of poison meat?
Speaker 5 (17:33):
Yes?
Speaker 1 (17:33):
Yeah, okay, just wanted to say that, you know, just
you know, you want to look at that possibly okay,
but yes you have you have a case against the
owner of the other dogs that beat your dog up
for a thousand bucks.
Speaker 2 (17:47):
You kind of lucky it was only a thousand dollars
I had. I had a shelter dog that was in
my backyard.
Speaker 1 (17:55):
It was a coyote attacked this little guy actually sot
and it was oh yeah, it was horrific. Surgery six
thousand dollars and then there was an infection that set
in and they wanted to do another surgery, and I
said how much for all of it?
Speaker 2 (18:14):
And they said it'll be another twelve thousand dollars.
Speaker 1 (18:16):
And then I said, tell you what, if my kids
needed twelve thousand dollars out of my pocket to help
them survive, that wouldn't be happening. So she was in
a lot of pain and we put her down and
it was pretty horrific. Now I moved into a new
place and I have and I live up in the
hills and I have a coyote fence around my yard
(18:40):
and it's thirty feet high and it's electrified. And if
you want to see a coyote that is fried, then
you come to my house. But anyway, yeah, you'll get
your you'll get your thousand dollars. That's an easy peasy one. Johnny, Hello, Johnny,
Hello Yo, Johnny.
Speaker 6 (19:01):
Yes, yeah, you're a brilliant, brilliant.
Speaker 2 (19:04):
Yes, I am.
Speaker 1 (19:05):
By the way, are you on a are you what
are you doing on? What device are you on? Are
you're on a speaker or are you in bluetooth? What's
going on?
Speaker 9 (19:12):
Okay, okay, this is what's going on.
Speaker 2 (19:14):
Okay, better, So I'm okay better.
Speaker 5 (19:17):
Yeah.
Speaker 9 (19:17):
So I do a lot of sales and I sell
cars on the side, and what I wanted to find
out is when you give them a bill of sale,
can you just say, yeah, this is as is, sold
as is, And that should have been covering me from
them coming back and saying, oh yeah I don't like
(19:38):
the cut.
Speaker 1 (19:39):
Yeah, absolutely, absolutely, you sell this car is just exactly
what you say, is as is, and you I am
not responsible for anything that may be wrong with it,
not is wrong with it, that may be wrong with it.
In some language saying it is your responsibility to U
(20:00):
get it looked at, I mean whatever, any kind of
language like that. But as is is the magical phrase. Yep, yeah,
and they're gonna sue you anyway. You know that, Johnny, you.
Speaker 2 (20:09):
Sell them a car. How much do these cars go for?
Let me ask that, how much you sell go car for?
Speaker 6 (20:13):
Yeah, they go for like five grand?
Speaker 1 (20:15):
Okay, So with that, you gotta get hit in small
claims court all the time because cars go south.
Speaker 2 (20:21):
A five thousand dollars car is pretty.
Speaker 1 (20:23):
Old and very few five thousand dollars cars don't have
issues with them, and you're gonna get sued in small
claims court because that's what they do. The buyer is
going to lose in small claims court. You are going
to then then what's going to happen is the buyer
has a right to appeal and so the appeal will
(20:45):
be filed, which means you get to go back to
small claims court and in the end, whatever it costs you,
you get attorney's fees if there are any, You get
all costs.
Speaker 2 (20:56):
Is what you do.
Speaker 1 (20:57):
And I would argue all costs including lou using work,
although the course generally don't give you that. But that's
what's going to happen to your To start the question
that to start the segment.
Speaker 2 (21:07):
You said, do I just put as is? Yes, you do, right,
And that's a great answer. And then don't we have.
Speaker 6 (21:14):
To have five days when you do a sale of
a car.
Speaker 1 (21:16):
No, no, that's a consumer sale. No that's different, that's different. No, Nope,
you sold the car. It happens immediately. I mean, for example,
you buy a new car off a lot, they register
the lot, and you drive off and you get into
this horrific car accident. You've gotten a new car accident
with a used car, because as soon as it's registered,
(21:38):
it's used. So how can you do it's actually a
three day notice, a.
Speaker 2 (21:43):
Consumer three day notice. Hey Gary, welcome, Hey bill, go ahead.
Speaker 10 (21:53):
Regarding a bill for from a lawyer from my friend,
you did a work on a track. I'm selling house
to where you know where they pay cash and then
they fix it up and then they sell it. You
get part of the money. But this lawyer has builled
twenty three hundred dollars once and now there's another bill
(22:14):
for forty five hundred dollars which this lawyer. My friend
saw the lawyer wants and the lawyer thomised she would
do things, and she never did. Okay, my friend isout
liking this bill.
Speaker 1 (22:29):
All right, so of course you know I can bill
his contention as the lawyer did nothing right.
Speaker 10 (22:34):
Pretty much?
Speaker 2 (22:35):
Okay, So there's an easy one.
Speaker 1 (22:37):
Let me tell you what you do legally and under
the law. You say no, you say no, thank you.
You want to assume me, go ahead and sue me. Now,
how do you prove that the lawyer did nothing? Or
the lawyer has to prove that the lawyer did some work.
So the lawyer's going to say, was there paperwork involved?
Were documents provided to the lawyer?
Speaker 10 (23:02):
I think, Saul?
Speaker 2 (23:03):
Okay, So now here's what.
Speaker 1 (23:04):
The lawyer said, I had to go through the documents. Now,
a simple transaction like this, This was a piece of property.
Speaker 2 (23:13):
Is that correct?
Speaker 5 (23:15):
Correct?
Speaker 10 (23:16):
That where you pay these people the lawyer is connected
to this real estate plan.
Speaker 7 (23:22):
Okay?
Speaker 1 (23:22):
I mean all right that that makes it even worse
for the lawyer. But was there a signed retainer that
your friend had with the lawyer?
Speaker 10 (23:29):
I don't think so.
Speaker 2 (23:31):
Well, the lawyer, well, you have to have a sign
retainer with a lawyer. Okay, Well, that's what happens. And
if there's no sound, if there's no sign retainer, the
lawyer's got some issues. Okay, So just say no at
this point, just have him say no, thank you.
Speaker 1 (23:47):
If you want to go to court, then I'll be
more happy to argue that you didn't do all the
work that you did, and you have to prove you did.
Speaker 2 (23:53):
And you know what, can I tell you now? The
lawyer will manufacture some hours. But you know how much?
How much does a lawyer charge?
Speaker 7 (24:05):
Hell?
Speaker 10 (24:06):
Yeah, hid me four?
Speaker 2 (24:12):
Okay? Was that put in writing?
Speaker 10 (24:15):
Well, I've got the bill here.
Speaker 2 (24:17):
Now, I don't care about the bill. Was it put
in writing that? That's what he charges?
Speaker 10 (24:23):
I think?
Speaker 5 (24:23):
So?
Speaker 1 (24:24):
I think. Then there's a Then there's a retainer agreement
that your buddy signed.
Speaker 2 (24:29):
Okay, yeah, you're making it.
Speaker 1 (24:31):
You're conflating everything. Here, there's a retainer agreement. The lawyer
charges four hundred and seventy five dollars an hour. You
say that's Your buddy says you only did one hour
of work or you can't have done more than that.
Speaker 2 (24:45):
The lawyer says, no, I did all of this work.
Lawyer has to prove it. In other words, but here's
what the lawyer does to prove it.
Speaker 1 (24:53):
He simply writes down, looking at the looking at the documents,
verifying the value of the house. I mean, just goes
on and on and on, all kind of crap they do.
But the bottom line is can the lawyer charge of course?
Speaker 2 (25:09):
Is it crap?
Speaker 1 (25:10):
Probably? And your buddy just says no. I mean, there's
not much more to that.
Speaker 2 (25:15):
This is handle on the law. All right, let's finish
it up.
Speaker 1 (25:19):
Number.
Speaker 2 (25:19):
This is handle on the law. Marginal legal advice. Linda Yo,
Linda Yo, Hi.
Speaker 12 (25:29):
Hey, thank you.
Speaker 11 (25:30):
I live in a beach bluff home in a Coastal
Commission area, so it's a delicate situation. I have an
extra neighbor that had a house that was a nuisance
and the city took it over and they hired a
receivership in the state to come in and clean it up,
fix it up. However, what's been happening is they have
(25:56):
done some things. I feel like I'm bullied. My lines
are wrong.
Speaker 2 (26:02):
I'm sorry, your lines are what hold on? What your
lines are? What rung? I don't know what that means.
Speaker 11 (26:09):
All right, God it takes up and the lines were wrung,
and I do have an easement driveway with his neighbor.
Speaker 13 (26:16):
I'm sorry there's all these details, but anyway, the receivership
one day, just started grading and coming into my.
Speaker 1 (26:29):
Okay, and you know, and you hold on a second.
You know they came on to your property to do that.
Speaker 2 (26:34):
Is that correct?
Speaker 5 (26:35):
Yes?
Speaker 11 (26:36):
Yes, the city attorney came out and admitted it.
Speaker 2 (26:39):
Okay, all right, well I'm they're going to deny the
came out and admitted it.
Speaker 1 (26:42):
But all right, so let me stop you right there,
real estate attorney right now, because you are fighting against
the city.
Speaker 2 (26:51):
What they are doing is illegal. They're not allowed to
do that.
Speaker 1 (26:56):
They can't come onto your property and start grading your property.
Ignore the property lines and certainly ignore what you know.
The property lines are determined very early line the very
early days, you know, when the property is zoned.
Speaker 2 (27:16):
Yeah, it's all there on the record.
Speaker 1 (27:17):
You've got you've got some damages there, and so you
want to definitely go ahead.
Speaker 11 (27:23):
The monument was even taken out, okay, so they.
Speaker 2 (27:26):
Can figure that out. I mean, you know, the surveyor
comes back and figures all that out.
Speaker 1 (27:30):
So yeah, it's it's absolutely time to get to get
a real estate attorney.
Speaker 2 (27:37):
And I have a problem with my icone. Okay, there
you go. That makes a lot of sense. Jesse Hi
Jesse welcome to handle on the law.
Speaker 6 (27:47):
Hey Bill, Hey man, I'm thinking about.
Speaker 14 (27:49):
Getting one of those dash cameras from my car. I
was just wondering, if I get an accident and it
happens to be my fault, am I compelled to show
that to the authorities or Yeah, not so much the authorities.
Speaker 1 (28:04):
But if you get an accident and you are sued,
they can subpoena whoever sues you can subpoena that as evidence,
and it does not help you at all if.
Speaker 2 (28:15):
It's your fault.
Speaker 1 (28:16):
On the other hand, if it's not your fault, it
can help you if you get an accident that you
are suing for damages or whatever, or you are tagged
by the police for doing something wrong and you can
prove it with your dash cam camera.
Speaker 2 (28:32):
Yeah.
Speaker 1 (28:32):
All it does is establish the truth, and it basically
expands the truth.
Speaker 2 (28:39):
They can help or it can hurt. That's all.
Speaker 11 (28:42):
Well, I have a good weekend.
Speaker 2 (28:44):
Yeah, all right.
Speaker 1 (28:46):
It's actually a pretty decent question, you know, I mean,
what do you do with dash cam dash cam? Dash
cams and then virtually every car now has a black box,
which gets really interesting, especially the newer cars electric cars.
From what I understand, they have a black box, that's
my understanding, which means they record how fast the car
(29:07):
is going. So you claim that the other side was
doing eighty miles an hour down the street.
Speaker 7 (29:11):
Don't know.
Speaker 1 (29:11):
I was, no, no, and I was doing the speed
limit when I smashed into your car, and you go no,
there's the evidence right there.
Speaker 2 (29:21):
Nicole. Hi, Nicole, welcome. What can I do for you?
Speaker 12 (29:25):
Good morning, Bill, Thank you for shaking my Now. Yes,
I'm calling because we were in a rental property for
over a year, which turned into a month to month lease,
and we received notification to vacate the premises in ninety days.
We went ahead and started looking immediately. We've got three
teenage boys and needed to get settled, and so we
(29:47):
found a place and we went ahead and let him
know nineteen days before we moved out, we're going to
give him the keys that we were moving out. He
is now stating that we needed to give him a
thirty day notice, which I do not.
Speaker 2 (30:00):
Yeah, no, that is right.
Speaker 1 (30:01):
You have to give him a thirty day notice. Yeah,
you have to, but negotiate with him. Say hey, you
know it took a while. Can we negotiate. Can I
pay you some of the money. But yeah, there has
to be a thirty day notice.
Speaker 2 (30:14):
And even though you're on.
Speaker 1 (30:15):
A month to month, that's you just can't up and
pack away nineteen days.
Speaker 2 (30:19):
How about nine days notice? I mean, yeah, why not.
I'm leaving tomorrow morning.
Speaker 1 (30:26):
So yeah, there's a thirty day notice. Is definitely the laws.
So yeah, you're screwed for you know, eleven days basically
if it's a thirty day month.
Speaker 2 (30:38):
Mike, Hello, Mike, Hi Bill, thanks for taking my call. Sure,
I have a problem.
Speaker 7 (30:45):
I have a flooding question. A neighbor moved in next door.
We live on a canyon and his property is downhill
of ours. Now, I've lived here almost fifty years, and
every time it rains, the water flows from east to west.
(31:07):
It flows from my neighbor's property onto me, and then
from me it flows over to this property in question.
The guy put up a non permitted lock wall concrete wall,
and I was afraid of this. I talked to him
about it, he ignored it. And now with the first
(31:30):
heavy rain which we had last what was it Thursday night,
the water was up to my knees along the wall.
It backed up and actually came into the house.
Speaker 2 (31:42):
Ooh, Okay, so you had some pretty serious damage there.
Speaker 7 (31:46):
Well, I don't have serious damage because it kind of
it came in just a little bit about six inches
eight inches in a low lying area which was a porch.
Speaker 2 (31:58):
Oh so it didn't go into your home. It came
into your onto your property kind of.
Speaker 14 (32:02):
No.
Speaker 7 (32:03):
No, no, it's all of my property.
Speaker 1 (32:06):
No, I understand, But you said you said it came
into your home. Maybe I misunderstood there it did. It
came under the door and into the house. Okay, and
there's no problem and there's no property damage with water
coming in three inches six.
Speaker 7 (32:19):
Inches day, I don't think so, because it's you know,
to dry it off.
Speaker 1 (32:24):
Well, you may know, Okay, you want to find out
because there may be the beginning of mold and all
kinds of things.
Speaker 2 (32:30):
Uh, So, what what is your question?
Speaker 7 (32:33):
Okay, my question is he has impeded.
Speaker 2 (32:37):
The exactly what is your question? You're absolutely right, he
has impeded. So what is your question.
Speaker 7 (32:41):
I have called the city, and yes, they don't.
Speaker 2 (32:45):
Do anything about it.
Speaker 1 (32:46):
I understand you've got to really push push hard with
the city and if not, uh, and he is in violating.
Speaker 2 (32:52):
You can't force the city to do anything. They just can't.
But if he's in violation of a building code, he's
in violation.
Speaker 1 (32:58):
Of some word ordinance, you sue him.
Speaker 2 (33:01):
Well, you may have to go to court. Go ahead,
let me tell you.
Speaker 7 (33:06):
I've already reported him to the city for separate issue.
Speaker 6 (33:09):
He moved in here.
Speaker 7 (33:10):
This is an agricultural residential area. He moved in here
and broad in stucco equipment which he's not supposed to
store here. They've already cited him for that.
Speaker 2 (33:21):
All right, that's all you can do.
Speaker 1 (33:23):
I mean, they're going to be really slow of citing him,
and you just have to have any damage that he
does to your property you nail him for and you
can have a court order forcing him to do that.
Speaker 2 (33:34):
And so he's now.
Speaker 1 (33:35):
Got two issues, a citation from the city, and he
would have a court order.
Speaker 2 (33:40):
I mean, that's that's all you can do.
Speaker 1 (33:42):
This is a horrible situation with the city and neighbors
and all of that. All right, Before we end the program,
I want to tell you about Zelman's Zelman's minty Mouth
Mints with I've been telling you about four months and months,
and I want to give you a heads up. Let
me tell you when these are my friends that started
(34:02):
this company, and I've been known them for thirty years ago,
and so when they started Zelmons, you know I did.
Speaker 2 (34:07):
I bought into it. That's how much I believe in
Zelman's minty mouth mints.
Speaker 1 (34:12):
They are that good and clinically tested against the toughest offenders,
even garlic and onions, which I eat lots of. And
it's all about bad breath, and it's all about having
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Speaker 2 (34:27):
And here's the way it works. These are little capsules.
Speaker 1 (34:29):
You pop two or three in your mouth, You suck
on the minty coating, and then when that's gone, you
swallow the capsule or bite into it, and then it
goes down in your gut for fresh, clean breath that
lasts four hours.
Speaker 2 (34:41):
That's what Zelmans does and no other mint does that. Clearly.
Speaker 1 (34:46):
I use them all the time, of course, and obviously
love them because I obviously loves them. So if you
order a three pack until the end of the month,
you order a three pack, you'll get an automatic fifteen
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(35:08):
n S dot com slash kf I fifteen percent off
Zelmans dot com slash kf I.
Speaker 2 (35:16):
This is Handle on the Law.
Speaker 5 (35:20):
You're listening to Bill Handle on demand from kf I
a M six forty
You're listening to KFI AM six forty. The bill Handles
show on demand on the iheartradiop This is Handle on
the Law Marginal Legal Advice, where I tell you have
absolutely no case. If you're injured and need a lawyer,
go to handle on the law dot com. And if
you're a lawyer and want to join our team because
(00:23):
people desperately need your help, go to handle on the
Law dot com and click on the join today tab
at the top of the page.
Speaker 2 (00:30):
The followings up pre recorded program.
Speaker 1 (00:31):
The city of Huntington Beach, which is in Orange County
of the Los Angeles area, is a pretty controversial city.
It's very very conservative. It backs virtually every policy of
President Trump. And this is a story that is actually
(00:51):
national in scope. It was picked up by virtually every
news outlet in the United States. So Honeyson Beach is
being sued by three residents along with an Orange County
based community group over library policies. And to give you
an idea, this lawsuit was filed in Orange County by
the ACLU Foundation of Southern California, the First Amendment Coalition,
(01:14):
the Community Legal Aid SoCal. It alleges that Huntington Beach
is in violation of the California Freedom to Read Act
it was passed in twenty twenty four, as well as
the California Constitution.
Speaker 2 (01:29):
And its policies.
Speaker 1 (01:31):
We're talking about the policies of Huntington Beach, which includes
a parent guardian children's book review board. So one of
the plaintiffs, Alianza TRANSLATINIX, describes itself as the first transgender
led organization by transgender people of color in Orange County,
(01:53):
and two teenagers are listed as plaintiffs, and in a statement,
the chief executive officer, founding member of Alianza trans LATINIX
said library should reflect not a race, the spaces and
be spaces where young people can discover who they are,
(02:15):
which means, well, you know here we are, we're trans,
we're of color, and we are not going to be erased.
So in twenty twenty three, the Huntington Beach City Council
brought forward the idea of making books deemed obscene and
or pornographic inaccessible to kids okay, and the item passed
(02:38):
by a split vote four to three, and on February seventh,
twenty twenty four, right after that, librarians began moving books
from the children's section on the first floor to an adult.
Speaker 2 (02:48):
Section on the fourth floor.
Speaker 1 (02:51):
This Advisory Book Review or the Children's Book Advisory Board,
features up to twenty one residents appointed by the Council
members established by ordinance, reviewing new children's library books that
it deems possibly inappropriate, stopping them from being going into circulation,
and of course not ordering the books or having the
(03:12):
power to move them different parts of the library and miners.
By the way, children means anybody under the age of eighteen.
So if the board deems that a particular book, let's say,
talks about trans or trans rights is inappropriate, it moves
it to the adult section, even though it is geared
(03:33):
for young people. Well, of course, the lawsuit is going
to hit, and it has.
Speaker 2 (03:39):
And in the political climate, I don't know where it's
going to go. Frankly, it's a very different world. All right.
Let's go ahead and take some phone calls. Hello, brooke them,
thank you.
Speaker 3 (03:54):
So I purchased a vi go ahead and Commas. Yeah,
I purchased a vehicle from Commacs.
Speaker 4 (03:59):
In twenty seventeen. We had twenty thousand miles on the
O Domita. Yesterday we went to trading our vehicle and
they said there's a discrepancy in the odomitor reading from
when we prior to us purchasing the vehicle. So the
vehicle shows in twenty sixteen it was serviced twice thing
twenty nine thousand miles and then thirty seven miles, thirty
(04:19):
seven thousand miles, and then when Cormacks sold us the car,
it had twenty thousand miles on it. So we were told.
Speaker 3 (04:25):
To contact an attorney because they would not the dealership
we were trying to sell a Carty would not take
it because of this. And whether that Commacks reached a
contract by selling us a car that had unbeverified miles
on it.
Speaker 2 (04:40):
Yeah, I don't know if cole.
Speaker 1 (04:42):
I haven't seen a contract with CarMax. I sold a
car to CarMax and they're pretty good. I mean I
got a good chunk of money, more so than I
would have done if I just sold it on the street. So,
and CarMax has a really good reputation. So before you
talk about an attorney, what is Carmack saying.
Speaker 5 (05:02):
Nothing.
Speaker 3 (05:02):
I'm going in there right now, so I want to
find out prior to going in all right, then.
Speaker 1 (05:06):
You talk to them and don't and don't mention, don't
get aggressive, by the way, what they did, if they
did that, and their duty bound to do that, and
I don't know the laws on this one. Is a
crime to move the odometer setting. I mean that is
a straight out violation of law. And it's not a
civil issue. It is a crime, although obviously someone who's
(05:28):
been hurt by that has a civil case.
Speaker 2 (05:31):
That's all you can go. I'd go in.
Speaker 1 (05:33):
There and simply say, kind of speak to a manager
police and just say, hey, this is what happened.
Speaker 2 (05:37):
What can you guys do. That's the start of which.
Speaker 1 (05:41):
Do not mention the law, Do not mention violation, Do
not mention that they screwed you, Do not mention that
somehow they purposely did it. Just say hey, hey, we've
got a problem here. What can you do about to
help me out? And then we take it from there,
(06:02):
and then you call me and then I yell you
later on. Okay, that's how to handle it. I say,
you always try to go outside the law. I mean,
I've got an issue going on right now with the
batteries on my solar system and something's really squirrely with them,
and it's a long, complicated story. But I'm going back
(06:23):
to the original seller and going, hey, I just need
some help here, I really do, would you please? And
that's where you start. That's always where you start. Now
if you happen to live in chronic pain, I mean
you're in pain all the time, or maybe you know
someone who does. Let me suggest you listen to The
Pain Game podcasts because this is about people who have
(06:45):
lived with, who have dealt with, who have treated folks
living in pain. The host, Lindsay Soprano, who I know
very well, deals with chronic pain twenty four to seven
and does it heroically and I see this every day
episode ends with a message of hope. She's a real
optimist and you will quickly understand that every show is
(07:06):
about giving pain purpose. Now I don't get it to me.
Pain is pain, but this goes way beyond that. So
listen to the show. Wherever you listen to podcasts, it's
the Pain Game podcast The Pain Game podcasts.
Speaker 2 (07:22):
This is Handle on the Law and welcome back.
Speaker 1 (07:26):
Handle on the Law, Marginal legal Advice where I tell
you have no case.
Speaker 6 (07:33):
Matt, Hello, Matt, Hey, Hey Bill. All right, here's the background.
So I'm part of a HOA. One of the members
of the HOA filed a claim and insurance claim against
her insurance for an injury sustained by their twelve year
old kid. Twelve year old was playing in one of
the retention basins that we have after a storm and
got sucked into one of the drainage colverts and was
(07:56):
injured and then is filing a claim. So insurance insurance
is basically I think they're going to litigation. But the
comedy of errors with this is that our insurance was
up and we had to get a new insurance company
to provide coverage, and since there's an open claim, jacked
up the insurance premiums and we've got all a special
assessment of basically six hundred bucks per per member of
(08:20):
the HOA that they're going to have to we're.
Speaker 2 (08:22):
Going to happen for how long? How long is assessment
gonna go through?
Speaker 6 (08:26):
Yeah, it's going to be every year, is what the
Board of Directors is telling us. So six hundred dollars
every year and then.
Speaker 1 (08:31):
Okay until I'm assuming, until the litigation is over, until
the decision is made.
Speaker 2 (08:36):
Okay's right.
Speaker 6 (08:37):
So, and just a little bit more backstory. Twelve year old,
the parents were not at home, they're out of the
country when this injury was sustained. And also the city
does an annual review of these drainage basins or the
retention basins, and everything was up to code.
Speaker 7 (08:52):
Right.
Speaker 6 (08:53):
My question to you is, I'm planning on and once
I get that special assessment checking the mail here in
a couple of weeks, I was actually going to send
a demand letter to these parents to say, hey, pay
this fee for me or reimburse me before then having
to take them to small claims. But I want to
get your take on if that's a legitimate small what.
Speaker 1 (09:13):
Are you going to do in small claims court against them?
Speaker 2 (09:16):
It's no small money. Yeah, that's way, it's way.
Speaker 1 (09:19):
Beyond a small claim court ability to deal with this
ain't gonna happen in small claims court. Uh, because the
case is wide open right now. It's wide open, so
there's been no judicial determination, So that doesn't help you.
Speaker 2 (09:37):
That's one of your defenses.
Speaker 1 (09:39):
And what ends up happening after the case is over
then you go against the parents for the money that
the h o A has lost, saying it's your fault.
Speaker 2 (09:51):
We won this case. Clearly, it's your fault.
Speaker 1 (09:54):
We want our money back that it cost us to litigate,
and our money, I would argue, is the jacked up
insurance costs and that's where it sits. So it's way
premature at this point. How badly was the kid banged out?
Speaker 6 (10:09):
Pretty bad? They there are pictures posted on one of
the social media comes.
Speaker 1 (10:13):
Okay, hey he's so, let me ask me he's the
kid is twelve years old?
Speaker 8 (10:17):
Right?
Speaker 5 (10:18):
Correct?
Speaker 2 (10:19):
Okay?
Speaker 1 (10:20):
And there was no one at home, the parents were
on vacation. Who was taking care of the twelve year old?
Speaker 6 (10:25):
Based on the social media posts, I'm thinking as an
older brother, that's okay?
Speaker 2 (10:29):
And how old is the older brother?
Speaker 6 (10:32):
I think eighteen? I think yeah, I think that's.
Speaker 1 (10:35):
You know what, that's enough because you have somewhat of
majority taking care of the kids, so you're not going
to be able to say unsupervised, the kid is unsupervised.
There was some kind of child in neglects, so I
don't thinking go there now. It's just a question of
how negligent was the.
Speaker 9 (10:50):
Kid, right, you know, if the kid if the.
Speaker 1 (10:54):
Court, yeah, if the kid, if the court determines that
the kid is negligent to whatever extent and in California,
we have something called comparative negligence, which means, let's say
there were one hundred percent damages. Let's say one hundred
thousand dollars worth of damages. That's medical bills of pain
and suffering, et cetera. If the kid is ninety percent
(11:15):
at fault, the ho is responsible for ten thousand dollars
of it. And that's so that's what's going to happen.
In the meantime, your insurance company is defending. They clear
Obviously the claim is astronomical because insurance companies, if it's reasonable,
settle up, and or they're saying, we are that's you
when we use the word we are insured, is not
(11:37):
responsible at all. That the HOA did everything reasonable under
the circumstances.
Speaker 2 (11:45):
For example, have a high enough fence.
Speaker 1 (11:47):
For example, have a big honkin sign that says this
is dangerous, don't go over.
Speaker 2 (11:52):
We've got a culvert down here. Any number of things.
Speaker 1 (11:56):
That you could have or should have or would have done.
The more difficult you make it for someone to commit that,
commit that in destruction, or violate what is reasonable under
the circumstances. There's also something called attractive attractive nuisance in
(12:16):
which there was a situation where a twelve year old
kid would want to do that because twelve year old
kids love to climb on stuff.
Speaker 2 (12:26):
And one of the arguments going to be that's what happened.
Speaker 1 (12:29):
So it's a little complicated, but the bottom line is
based on what you said, assuming that you did everything reasonable,
and you're going to argue code, we've met all code.
Speaker 2 (12:37):
You know what your insurance.
Speaker 1 (12:38):
Company handles it, and believe me, you're gonna go there's
gonna be a trial, and based on what you said,
that kid's lawyer is not going.
Speaker 2 (12:46):
To be happy at the end of it. All right,
all right, there it is. That's all of that.
Speaker 6 (12:57):
Hey, Paul, welcome, Yeah, all right, Hey, I had a
trial and I won in a court and the U
so the judge.
Speaker 5 (13:09):
Wanted to seize the assets of the of the defendant,
so he made an order for the sheriff to seize
the assets. So the sheriff did this, and in this
case it happened to be a boat, large boat, seventy
foot yacht. So the sheriff sees that they're supposed to
sell sell it and all posts are supposed to go
to me. Well, the sheriffs had the boat for a
(13:31):
year and a half or better and give me a rule.
Speaker 10 (13:34):
Yeah, they haven't.
Speaker 5 (13:35):
They haven't done anything. You know, what do I do?
Speaker 1 (13:39):
Well, at this point, you can do a couple of things.
Go back to the court and I actually have the
sheriff's department be held in contempt for not following a
court order.
Speaker 2 (13:50):
Also, you know, getting practical.
Speaker 1 (13:52):
I mean, if you don't want to go to court,
I'd call the county Supervisor's office and just go, hey,
what the hell is going on? You guys control the
sheriff And here I am, I'm a constituent, I vote,
I'm a citizen, and you are letting the county Sheriff's
department not do anything when I have a court order.
That's where I'd first go is see what a county supervisor,
(14:12):
the County Supervisor's office does, because every one of those
county offices, every congressional office, has a liison to the constituent.
You know, they take complaints and they say, okay, we'll
do what we can do. So that's where i'd go.
Try that, right, all right, see what happens on that one.
Speaker 2 (14:33):
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Speaker 2 (16:00):
This is Handle on the Law.
Speaker 5 (16:04):
You're listening to bill handle on demand from KF I
am six forty.
Speaker 2 (16:10):
Welcome back. Handle on the Law.
Speaker 1 (16:13):
Marginal legal advice, Caring Hello, Caring Hello, y.
Speaker 5 (16:22):
I have.
Speaker 8 (16:25):
Three acres of land. I have a fence around the
entire property, and then I have a fence around the house.
I was gone one day and four dogs got into
my yard and beat up my dog.
Speaker 1 (16:45):
I had beat them up like phizzicley, took their pause
and started just beating them up, not like boxers.
Speaker 2 (16:54):
Who I just thought of that? Were they boxers? Damn,
that's funny. I didn't even I didn't even try for
that one. All right, So they they attacked your dog? Right, yes, okay?
How what happened to your dog? How much? How much?
Speaker 8 (17:12):
Thousand dollars?
Speaker 2 (17:13):
One thousand bucks?
Speaker 5 (17:14):
All right?
Speaker 11 (17:15):
And so what do I do do?
Speaker 1 (17:18):
I as, Yeah, you assume a small claims court for
a one thousand dollars, that's what you do.
Speaker 2 (17:24):
Yeah?
Speaker 1 (17:25):
Yeah, I also have let me throw something at you.
You ever heard of poison meat?
Speaker 5 (17:33):
Yes?
Speaker 1 (17:33):
Yeah, okay, just wanted to say that, you know, just
you know, you want to look at that possibly okay,
but yes you have you have a case against the
owner of the other dogs that beat your dog up
for a thousand bucks.
Speaker 2 (17:47):
You kind of lucky it was only a thousand dollars
I had. I had a shelter dog that was in
my backyard.
Speaker 1 (17:55):
It was a coyote attacked this little guy actually sot
and it was oh yeah, it was horrific. Surgery six
thousand dollars and then there was an infection that set
in and they wanted to do another surgery, and I
said how much for all of it?
Speaker 2 (18:14):
And they said it'll be another twelve thousand dollars.
Speaker 1 (18:16):
And then I said, tell you what, if my kids
needed twelve thousand dollars out of my pocket to help
them survive, that wouldn't be happening. So she was in
a lot of pain and we put her down and
it was pretty horrific. Now I moved into a new
place and I have and I live up in the
hills and I have a coyote fence around my yard
(18:40):
and it's thirty feet high and it's electrified. And if
you want to see a coyote that is fried, then
you come to my house. But anyway, yeah, you'll get
your you'll get your thousand dollars. That's an easy peasy one. Johnny, Hello, Johnny,
Hello Yo, Johnny.
Speaker 6 (19:01):
Yes, yeah, you're a brilliant, brilliant.
Speaker 2 (19:04):
Yes, I am.
Speaker 1 (19:05):
By the way, are you on a are you what
are you doing on? What device are you on? Are
you're on a speaker or are you in bluetooth? What's
going on?
Speaker 9 (19:12):
Okay, okay, this is what's going on.
Speaker 2 (19:14):
Okay, better, So I'm okay better.
Speaker 5 (19:17):
Yeah.
Speaker 9 (19:17):
So I do a lot of sales and I sell
cars on the side, and what I wanted to find
out is when you give them a bill of sale,
can you just say, yeah, this is as is, sold
as is, And that should have been covering me from
them coming back and saying, oh yeah I don't like
(19:38):
the cut.
Speaker 1 (19:39):
Yeah, absolutely, absolutely, you sell this car is just exactly
what you say, is as is, and you I am
not responsible for anything that may be wrong with it,
not is wrong with it, that may be wrong with it.
In some language saying it is your responsibility to U
(20:00):
get it looked at, I mean whatever, any kind of
language like that. But as is is the magical phrase. Yep, yeah,
and they're gonna sue you anyway. You know that, Johnny, you.
Speaker 2 (20:09):
Sell them a car. How much do these cars go for?
Let me ask that, how much you sell go car for?
Speaker 6 (20:13):
Yeah, they go for like five grand?
Speaker 1 (20:15):
Okay, So with that, you gotta get hit in small
claims court all the time because cars go south.
Speaker 2 (20:21):
A five thousand dollars car is pretty.
Speaker 1 (20:23):
Old and very few five thousand dollars cars don't have
issues with them, and you're gonna get sued in small
claims court because that's what they do. The buyer is
going to lose in small claims court. You are going
to then then what's going to happen is the buyer
has a right to appeal and so the appeal will
(20:45):
be filed, which means you get to go back to
small claims court and in the end, whatever it costs you,
you get attorney's fees if there are any, You get
all costs.
Speaker 2 (20:56):
Is what you do.
Speaker 1 (20:57):
And I would argue all costs including lou using work,
although the course generally don't give you that. But that's
what's going to happen to your To start the question
that to start the segment.
Speaker 2 (21:07):
You said, do I just put as is? Yes, you do, right,
And that's a great answer. And then don't we have.
Speaker 6 (21:14):
To have five days when you do a sale of
a car.
Speaker 1 (21:16):
No, no, that's a consumer sale. No that's different, that's different. No, Nope,
you sold the car. It happens immediately. I mean, for example,
you buy a new car off a lot, they register
the lot, and you drive off and you get into
this horrific car accident. You've gotten a new car accident
with a used car, because as soon as it's registered,
(21:38):
it's used. So how can you do it's actually a
three day notice, a.
Speaker 2 (21:43):
Consumer three day notice. Hey Gary, welcome, Hey bill, go ahead.
Speaker 10 (21:53):
Regarding a bill for from a lawyer from my friend,
you did a work on a track. I'm selling house
to where you know where they pay cash and then
they fix it up and then they sell it. You
get part of the money. But this lawyer has builled
twenty three hundred dollars once and now there's another bill
(22:14):
for forty five hundred dollars which this lawyer. My friend
saw the lawyer wants and the lawyer thomised she would
do things, and she never did. Okay, my friend isout
liking this bill.
Speaker 1 (22:29):
All right, so of course you know I can bill
his contention as the lawyer did nothing right.
Speaker 10 (22:34):
Pretty much?
Speaker 2 (22:35):
Okay, So there's an easy one.
Speaker 1 (22:37):
Let me tell you what you do legally and under
the law. You say no, you say no, thank you.
You want to assume me, go ahead and sue me. Now,
how do you prove that the lawyer did nothing? Or
the lawyer has to prove that the lawyer did some work.
So the lawyer's going to say, was there paperwork involved?
Were documents provided to the lawyer?
Speaker 10 (23:02):
I think, Saul?
Speaker 2 (23:03):
Okay, So now here's what.
Speaker 1 (23:04):
The lawyer said, I had to go through the documents. Now,
a simple transaction like this, This was a piece of property.
Speaker 2 (23:13):
Is that correct?
Speaker 5 (23:15):
Correct?
Speaker 10 (23:16):
That where you pay these people the lawyer is connected
to this real estate plan.
Speaker 7 (23:22):
Okay?
Speaker 1 (23:22):
I mean all right that that makes it even worse
for the lawyer. But was there a signed retainer that
your friend had with the lawyer?
Speaker 10 (23:29):
I don't think so.
Speaker 2 (23:31):
Well, the lawyer, well, you have to have a sign
retainer with a lawyer. Okay, Well, that's what happens. And
if there's no sound, if there's no sign retainer, the
lawyer's got some issues. Okay, So just say no at
this point, just have him say no, thank you.
Speaker 1 (23:47):
If you want to go to court, then I'll be
more happy to argue that you didn't do all the
work that you did, and you have to prove you did.
Speaker 2 (23:53):
And you know what, can I tell you now? The
lawyer will manufacture some hours. But you know how much?
How much does a lawyer charge?
Speaker 7 (24:05):
Hell?
Speaker 10 (24:06):
Yeah, hid me four?
Speaker 2 (24:12):
Okay? Was that put in writing?
Speaker 10 (24:15):
Well, I've got the bill here.
Speaker 2 (24:17):
Now, I don't care about the bill. Was it put
in writing that? That's what he charges?
Speaker 10 (24:23):
I think?
Speaker 5 (24:23):
So?
Speaker 1 (24:24):
I think. Then there's a Then there's a retainer agreement
that your buddy signed.
Speaker 2 (24:29):
Okay, yeah, you're making it.
Speaker 1 (24:31):
You're conflating everything. Here, there's a retainer agreement. The lawyer
charges four hundred and seventy five dollars an hour. You
say that's Your buddy says you only did one hour
of work or you can't have done more than that.
Speaker 2 (24:45):
The lawyer says, no, I did all of this work.
Lawyer has to prove it. In other words, but here's
what the lawyer does to prove it.
Speaker 1 (24:53):
He simply writes down, looking at the looking at the documents,
verifying the value of the house. I mean, just goes
on and on and on, all kind of crap they do.
But the bottom line is can the lawyer charge of course?
Speaker 2 (25:09):
Is it crap?
Speaker 1 (25:10):
Probably? And your buddy just says no. I mean, there's
not much more to that.
Speaker 2 (25:15):
This is handle on the law. All right, let's finish
it up.
Speaker 1 (25:19):
Number.
Speaker 2 (25:19):
This is handle on the law. Marginal legal advice. Linda Yo,
Linda Yo, Hi.
Speaker 12 (25:29):
Hey, thank you.
Speaker 11 (25:30):
I live in a beach bluff home in a Coastal
Commission area, so it's a delicate situation. I have an
extra neighbor that had a house that was a nuisance
and the city took it over and they hired a
receivership in the state to come in and clean it up,
fix it up. However, what's been happening is they have
(25:56):
done some things. I feel like I'm bullied. My lines
are wrong.
Speaker 2 (26:02):
I'm sorry, your lines are what hold on? What your
lines are? What rung? I don't know what that means.
Speaker 11 (26:09):
All right, God it takes up and the lines were wrung,
and I do have an easement driveway with his neighbor.
Speaker 13 (26:16):
I'm sorry there's all these details, but anyway, the receivership
one day, just started grading and coming into my.
Speaker 1 (26:29):
Okay, and you know, and you hold on a second.
You know they came on to your property to do that.
Speaker 2 (26:34):
Is that correct?
Speaker 5 (26:35):
Yes?
Speaker 11 (26:36):
Yes, the city attorney came out and admitted it.
Speaker 2 (26:39):
Okay, all right, well I'm they're going to deny the
came out and admitted it.
Speaker 1 (26:42):
But all right, so let me stop you right there,
real estate attorney right now, because you are fighting against
the city.
Speaker 2 (26:51):
What they are doing is illegal. They're not allowed to
do that.
Speaker 1 (26:56):
They can't come onto your property and start grading your property.
Ignore the property lines and certainly ignore what you know.
The property lines are determined very early line the very
early days, you know, when the property is zoned.
Speaker 2 (27:16):
Yeah, it's all there on the record.
Speaker 1 (27:17):
You've got you've got some damages there, and so you
want to definitely go ahead.
Speaker 11 (27:23):
The monument was even taken out, okay, so they.
Speaker 2 (27:26):
Can figure that out. I mean, you know, the surveyor
comes back and figures all that out.
Speaker 1 (27:30):
So yeah, it's it's absolutely time to get to get
a real estate attorney.
Speaker 2 (27:37):
And I have a problem with my icone. Okay, there
you go. That makes a lot of sense. Jesse Hi
Jesse welcome to handle on the law.
Speaker 6 (27:47):
Hey Bill, Hey man, I'm thinking about.
Speaker 14 (27:49):
Getting one of those dash cameras from my car. I
was just wondering, if I get an accident and it
happens to be my fault, am I compelled to show
that to the authorities or Yeah, not so much the authorities.
Speaker 1 (28:04):
But if you get an accident and you are sued,
they can subpoena whoever sues you can subpoena that as evidence,
and it does not help you at all if.
Speaker 2 (28:15):
It's your fault.
Speaker 1 (28:16):
On the other hand, if it's not your fault, it
can help you if you get an accident that you
are suing for damages or whatever, or you are tagged
by the police for doing something wrong and you can
prove it with your dash cam camera.
Speaker 2 (28:32):
Yeah.
Speaker 1 (28:32):
All it does is establish the truth, and it basically
expands the truth.
Speaker 2 (28:39):
They can help or it can hurt. That's all.
Speaker 11 (28:42):
Well, I have a good weekend.
Speaker 2 (28:44):
Yeah, all right.
Speaker 1 (28:46):
It's actually a pretty decent question, you know, I mean,
what do you do with dash cam dash cam? Dash
cams and then virtually every car now has a black box,
which gets really interesting, especially the newer cars electric cars.
From what I understand, they have a black box, that's
my understanding, which means they record how fast the car
(29:07):
is going. So you claim that the other side was
doing eighty miles an hour down the street.
Speaker 7 (29:11):
Don't know.
Speaker 1 (29:11):
I was, no, no, and I was doing the speed
limit when I smashed into your car, and you go no,
there's the evidence right there.
Speaker 2 (29:21):
Nicole. Hi, Nicole, welcome. What can I do for you?
Speaker 12 (29:25):
Good morning, Bill, Thank you for shaking my Now. Yes,
I'm calling because we were in a rental property for
over a year, which turned into a month to month lease,
and we received notification to vacate the premises in ninety days.
We went ahead and started looking immediately. We've got three
teenage boys and needed to get settled, and so we
(29:47):
found a place and we went ahead and let him
know nineteen days before we moved out, we're going to
give him the keys that we were moving out. He
is now stating that we needed to give him a
thirty day notice, which I do not.
Speaker 2 (30:00):
Yeah, no, that is right.
Speaker 1 (30:01):
You have to give him a thirty day notice. Yeah,
you have to, but negotiate with him. Say hey, you
know it took a while. Can we negotiate. Can I
pay you some of the money. But yeah, there has
to be a thirty day notice.
Speaker 2 (30:14):
And even though you're on.
Speaker 1 (30:15):
A month to month, that's you just can't up and
pack away nineteen days.
Speaker 2 (30:19):
How about nine days notice? I mean, yeah, why not.
I'm leaving tomorrow morning.
Speaker 1 (30:26):
So yeah, there's a thirty day notice. Is definitely the laws.
So yeah, you're screwed for you know, eleven days basically
if it's a thirty day month.
Speaker 2 (30:38):
Mike, Hello, Mike, Hi Bill, thanks for taking my call. Sure,
I have a problem.
Speaker 7 (30:45):
I have a flooding question. A neighbor moved in next door.
We live on a canyon and his property is downhill
of ours. Now, I've lived here almost fifty years, and
every time it rains, the water flows from east to west.
(31:07):
It flows from my neighbor's property onto me, and then
from me it flows over to this property in question.
The guy put up a non permitted lock wall concrete wall,
and I was afraid of this. I talked to him
about it, he ignored it. And now with the first
(31:30):
heavy rain which we had last what was it Thursday night,
the water was up to my knees along the wall.
It backed up and actually came into the house.
Speaker 2 (31:42):
Ooh, Okay, so you had some pretty serious damage there.
Speaker 7 (31:46):
Well, I don't have serious damage because it kind of
it came in just a little bit about six inches
eight inches in a low lying area which was a porch.
Speaker 2 (31:58):
Oh so it didn't go into your home. It came
into your onto your property kind of.
Speaker 14 (32:02):
No.
Speaker 7 (32:03):
No, no, it's all of my property.
Speaker 1 (32:06):
No, I understand, But you said you said it came
into your home. Maybe I misunderstood there it did. It
came under the door and into the house. Okay, and
there's no problem and there's no property damage with water
coming in three inches six.
Speaker 7 (32:19):
Inches day, I don't think so, because it's you know,
to dry it off.
Speaker 1 (32:24):
Well, you may know, Okay, you want to find out
because there may be the beginning of mold and all
kinds of things.
Speaker 2 (32:30):
Uh, So, what what is your question?
Speaker 7 (32:33):
Okay, my question is he has impeded.
Speaker 2 (32:37):
The exactly what is your question? You're absolutely right, he
has impeded. So what is your question.
Speaker 7 (32:41):
I have called the city, and yes, they don't.
Speaker 2 (32:45):
Do anything about it.
Speaker 1 (32:46):
I understand you've got to really push push hard with
the city and if not, uh, and he is in violating.
Speaker 2 (32:52):
You can't force the city to do anything. They just can't.
But if he's in violation of a building code, he's
in violation.
Speaker 1 (32:58):
Of some word ordinance, you sue him.
Speaker 2 (33:01):
Well, you may have to go to court. Go ahead,
let me tell you.
Speaker 7 (33:06):
I've already reported him to the city for separate issue.
Speaker 6 (33:09):
He moved in here.
Speaker 7 (33:10):
This is an agricultural residential area. He moved in here
and broad in stucco equipment which he's not supposed to
store here. They've already cited him for that.
Speaker 2 (33:21):
All right, that's all you can do.
Speaker 1 (33:23):
I mean, they're going to be really slow of citing him,
and you just have to have any damage that he
does to your property you nail him for and you
can have a court order forcing him to do that.
Speaker 2 (33:34):
And so he's now.
Speaker 1 (33:35):
Got two issues, a citation from the city, and he
would have a court order.
Speaker 2 (33:40):
I mean, that's that's all you can do.
Speaker 1 (33:42):
This is a horrible situation with the city and neighbors
and all of that. All right, Before we end the program,
I want to tell you about Zelman's Zelman's minty Mouth
Mints with I've been telling you about four months and months,
and I want to give you a heads up. Let
me tell you when these are my friends that started
(34:02):
this company, and I've been known them for thirty years ago,
and so when they started Zelmons, you know I did.
Speaker 2 (34:07):
I bought into it. That's how much I believe in
Zelman's minty mouth mints.
Speaker 1 (34:12):
They are that good and clinically tested against the toughest offenders,
even garlic and onions, which I eat lots of. And
it's all about bad breath, and it's all about having
your mouth, your breath just feel fresh and clean.
Speaker 2 (34:27):
And here's the way it works. These are little capsules.
Speaker 1 (34:29):
You pop two or three in your mouth, You suck
on the minty coating, and then when that's gone, you
swallow the capsule or bite into it, and then it
goes down in your gut for fresh, clean breath that
lasts four hours.
Speaker 2 (34:41):
That's what Zelmans does and no other mint does that. Clearly.
Speaker 1 (34:46):
I use them all the time, of course, and obviously
love them because I obviously loves them. So if you
order a three pack until the end of the month,
you order a three pack, you'll get an automatic fifteen
percent off. Automatic you get fifteen percent off. You don't
put any code or anything. So go to Zelmans dot
com slash k F I Z E l M I
(35:08):
n S dot com slash kf I fifteen percent off
Zelmans dot com slash kf I.
Speaker 2 (35:16):
This is Handle on the Law.
Speaker 5 (35:20):
You're listening to Bill Handle on demand from kf I
a M six forty
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