Episode Transcript
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Speaker 1 (00:01):
You're listening to Bill Handle on demand from KFI AM
six forty.
Speaker 2 (00:09):
Am six Storty Bill Hammer. Here it is a Saturday morning.
This is Handle on the law.
Speaker 3 (00:18):
Marginal legal advice, where I tell you you have absolutely
no case. There is an award that is given annually
and it's called the Profile Encourage Award, and this was
based on the book that John F.
Speaker 2 (00:35):
Kennedy wrote, Profiles Encourage.
Speaker 3 (00:38):
He actually wrote that in his last year at Harvard,
and he actually didn't write it.
Speaker 2 (00:45):
His dad paid for it to be ghosts written.
Speaker 3 (00:47):
His dad, Joseph Kennedy, was a very very wealthy man,
and this was part of a plan to get jfk
into politics. And it's a very long story, but anyway,
it was a bestseller and a talked about Americans who
took stands that were contrary to either public opinion or
even the law. The bad law at that time and prevailed.
(01:12):
And it was Profiles of Courage.
Speaker 2 (01:15):
And every year they give this award.
Speaker 3 (01:17):
So this year, former Vice President Mike Pence received the
John F. Kennedy Profile and Courage in Courage Award for
his refusal to go along with President Trump's efforts to
remain in office.
Speaker 2 (01:30):
After Trump lost the twenty twenty election.
Speaker 3 (01:33):
The award recognizes Pence for putting his life in career
on the line to ensure the constitutional transfer of presidential
power on June sixth, twenty twenty one. On January sixth,
sorry about that, twenty twenty one, and if you remember
the rally on January sixth, where Donald Trump had lost
(01:58):
the election and on the twentieth he was going to
leave the office of the presidency and Joe Biden was
going to come in. Trump argued, as well as many Republicans,
the election was rigged, that in fact, he won the election,
that Joe Biden is an illegal president. And so he
(02:19):
had this huge rally and it was in Washington, d C.
And there were thousands of people, and he pointed to
the Capitol Building and he said, go there and tell
them to do the right thing, and specifically mentioned Pence.
Pence has to do the right thing, thinking in some
crazy legal manner that if the vice president, Michael Pence
(02:44):
did not certify the election, somehow Trump would remain the president,
which is a complete crop by the way, it makes
those sense because the vice president under law merely counts
the votes and makes the declaration.
Speaker 2 (02:58):
The analogy here is you have a.
Speaker 3 (03:02):
Participant who gives out the Academy award, opens up the.
Speaker 2 (03:09):
Envelope and says, and the best Picture award is.
Speaker 3 (03:13):
And if he or she refuses to do that, does
that mean the award winner does not get the award?
Speaker 2 (03:20):
Of course not.
Speaker 3 (03:22):
That person is merely opening up an envelope. The Vice president,
Mike Pence, merely opens up the envelope, counts the votes
and says here it is, and then certifies I counted
the votes, and Joe Biden is now the president. And
Trump said, if you don't do that, refuse to certify,
then Joe Biden does not become president by default.
Speaker 2 (03:44):
I stay as president.
Speaker 3 (03:45):
I mean that philosophy, or that's legal thinking, was completely nuts.
The problem for Mike Pence is people broke into the
Capitol and you could hear the chanting, hang Mike pens
Hang Mike Pence. And remember if you look at the video,
(04:06):
these were people that, in my opinion, would have absolutely
hanged them. These were the patriots, by the way, who
were convicted, some sixteen hundred of them were convicted of
federal crimes of overrunning the capitol. In some cases sedition
attacking police officers, and of course Donald Trump when he
(04:29):
was elected called all of them heroes and patriots and
pardoned them profiles. Encourage Mike Pence, and he refused to
cow tell. He said, I'm going to do what the
Constitution tells me to do. All right, let's take some
phone calls. Simon, Hi, Simon, welcome to handle out of
the law.
Speaker 4 (04:50):
Oh hello, Bill, Good morning to you. Bill.
Speaker 5 (04:54):
I am a judgment creditor. We submitted notice of to
the Bank of the Editor. Bank sent me a note, well,
some documents indicating that all funds exempt pursuant pursuance to
(05:19):
telp c a CCP seven O four point two to zero,
no safety posit box was found. What is c ACCP
seven Ford? Are you have you heard of that exemption?
Speaker 6 (05:39):
You know?
Speaker 3 (05:39):
I got I wish you had asked me about CCP
seven O five because that I know really well, because
I tested that in law school.
Speaker 2 (05:50):
I don't know what the seven O four is.
Speaker 3 (05:52):
So you basically went in and you tried to get
into a safe deposit box pursuance to a levee. Boy,
I don't know how you do that. I think it is.
Speaker 2 (06:06):
The sheriff wanted to get into.
Speaker 3 (06:08):
Yeah, I wanted to get into a safe deposit box.
Now that gets interesting because I don't.
Speaker 2 (06:13):
Know how it's possible. You have a levee for how
much money?
Speaker 5 (06:19):
About twenty five hundred okay.
Speaker 3 (06:21):
Twenty five hundred dollars you send to the sheriff, They
go in, open up that safe deposit box.
Speaker 2 (06:26):
I want to what's in there?
Speaker 7 (06:27):
No, no, no, you know, I'm not talking about anything
about safety deposit box.
Speaker 2 (06:31):
Then what did you mention?
Speaker 8 (06:32):
Then?
Speaker 2 (06:32):
Why did you mention safe deposit box?
Speaker 7 (06:36):
On the forum it says all fronts exempts and there
is no They say no safetyposit box found?
Speaker 2 (06:44):
Okay, got in? All right?
Speaker 3 (06:45):
Got so something's going on. Someone's not understanding what's happening. Uh,
because that's all that's some kind of a form. Uh
did you list an account going on? Because I'm a
little confused here. All funds are exempt, and I don't
know er what exemption, probably under CCP section seven seven
for whatever the hell you you said? So yeah, well
(07:09):
you know, yeah, good news is I don't have the
foggiest notion what that is.
Speaker 7 (07:13):
Okay, all right, that's fine, and let me see can
I garnish your car. Cannot know you.
Speaker 3 (07:19):
Can't garnish your car. You can take the car, but
that's also exempt. The sheriff can grab her car, but
there is an exemption to that.
Speaker 2 (07:25):
So you're not going to get her car. That doesn't Yeah, no, no,
the shares is not going to be able to.
Speaker 3 (07:32):
Well, it's on your behalf. No, the sheriff's not going
to take her car. Does she Does she have a dog? Yeah?
She would be so much It would be so much
easier if you had a dog. Yeah, yeah, I know.
Speaker 2 (07:51):
There you go.
Speaker 3 (07:52):
She's a dog, all right, Sure, why not, Sophia, Yeah, yes.
Speaker 6 (08:02):
My question is I went to a community college and
I was on campus and I was going back to
my vehicle and I had to go down these steps.
I fell down. When I fell down, I injured my shoulders, yeah,
my stands, my knee.
Speaker 8 (08:21):
Yeah.
Speaker 2 (08:21):
No, it was a good fall. It was. It was
a good fall. Any broken bones, Sofia.
Speaker 6 (08:25):
No, okay, broken. I went to the doctor. That phrase,
no broken, Okay.
Speaker 2 (08:30):
What's good?
Speaker 3 (08:31):
I mean that's good. I mean, you know, legally, that's
not good. You know, I much rather have your head
come off as you fell. I mean, it's a better case.
But okay, I'll accept that there was no broken bones.
Now let's talk about the stairs, any.
Speaker 2 (08:46):
Water, any oil?
Speaker 8 (08:48):
Light?
Speaker 2 (08:48):
Was it at night and lights were not?
Speaker 8 (08:50):
There?
Speaker 3 (08:51):
Was it out of code? Which it could be today,
but it'd be grandfathered in. How did you fall?
Speaker 6 (08:59):
I was going down the steps. They're very steep and
a rest area, so in between the continuation of the
steps there is no rail, so I let all the
rail and when I was trying to grasp the or
the rail, I guess that's when I got it.
Speaker 3 (09:18):
All right, you got two problems with this issue. Problem
number one, and that's why I asked you if you
broke any bones or surgeries or whatever, is that you
weren't hurt enough that anybody's going to pick it up.
Problem number two. They have a terrific defense to that.
It's called the clutz defense. Sophia, You're a clutz.
Speaker 9 (09:39):
And people fall and they fall because they fall, And
I have fallen before and I ended up in the
hospital because I fell and I really hurt my back.
Speaker 3 (09:51):
You know who was responsible? No one except me, Sophia.
Because people fall, and that's what they do.
Speaker 2 (10:00):
This is handle on the law.
Speaker 8 (10:04):
Yeah bye, handle here?
Speaker 2 (10:05):
This is handle on the law.
Speaker 5 (10:07):
More than illegal.
Speaker 2 (10:11):
Kimberly. Hello Kimberly.
Speaker 10 (10:15):
So we rent a office building with our for a company,
and our water meter is a joint with the unit
next to us, which is Unit C. Okay, in our
in our contract, when we signed our contract, it states
that we have to pay a twenty five dollars water
bill to our leasing company, which our leasing company will
then credit our neighbor because the water bill is under
(10:37):
our neighbor's name. Okay, two months ago, my neighbor gave
me a call. He let me know that my unit
sounded like it was leaking a bunch of water. So
I rushed over there and we found out it was
just my toilet that was running. Uh So we got
our toilet fixed within.
Speaker 11 (10:52):
About a week.
Speaker 10 (10:54):
And then about a week ago, I get an email
from my.
Speaker 12 (10:56):
Leasing company stating iowa thousand dollars to them because the
water bill was used exless amount for the last two months.
Speaker 3 (11:08):
When okay, okay, when hold on a minute, two months
the water bill has been excessive and the toilet started leaking.
Speaker 2 (11:17):
How far into the two months? You said? What about
a week?
Speaker 10 (11:20):
So when we realized the toilet was leaking, it was
like in May. But we don't know how got it.
Speaker 3 (11:27):
You don't know how you got You don't know how long? Okay,
all right? And you got a thousand dollars bill?
Speaker 13 (11:32):
All right?
Speaker 3 (11:33):
And is there anything in the lease that says that
if there is excessive water usage, you get to you
get to pay. Well, all right, you have a bill
that says twenty five dollars a month. Okay, there there,
you're okay, you got twenty five dollars. Well, we need
one thousand dollars because of your toilet running twenty four
to seven for it could be weeks. But honey, but
(11:54):
let me ask you something. How do you when a
toilet runs? You know, you see it in the bowl
that the toilet is running, unless there's a leak way
down in the bowels.
Speaker 2 (12:05):
Of so to speak.
Speaker 3 (12:07):
Huh in you know, below the level of the toilet
as the drain comes down.
Speaker 2 (12:12):
I mean, where where was the leak?
Speaker 10 (12:14):
It wasn't easy fix. So the thing is, we work
with compressors, so it's very loud in our warehouse.
Speaker 3 (12:19):
Yeah, no, I understand, But where was the leak above
the floor?
Speaker 2 (12:22):
Below the floor?
Speaker 10 (12:24):
No, it was, It wasn't the bowl of the toilet.
Speaker 8 (12:25):
We can.
Speaker 2 (12:26):
Yeah, but just see it.
Speaker 3 (12:27):
You know what I got to tell you, just because
it's loud, you see it running. I mean, every time
you go to the toilet, it's running.
Speaker 2 (12:32):
It's running.
Speaker 3 (12:33):
Because I'm assuming, I'm assuming most of you go to
the toilet when you have to go to the toilet
as a post outside. So I would argue on I
would argue on their behalf saying, hey, you cause the
water bill, and this is a an issue.
Speaker 2 (12:48):
This is not an issue of the lease.
Speaker 3 (12:50):
You, on the other hand, says, there's the bill I
owe twenty five dollars a month, and there is nothing
that says I pay more than twenty five dollars a
month for whatever reason. And I'm going to see what
a judge has to say on that one. Because you're
gonna tell them to go pound sand. Now, how miserable
can they make you? Yeah, I mean no, no, let's
(13:11):
now let's talk practical, Kimberly. You're a tenant in a
building of which the management company on behalf of the
owner says a thousand bucks, right, and so assuming they go,
you go forward and tell them to go pound sand,
and obviously the relationship is I would say questionable.
Speaker 2 (13:29):
At that point, what can they do to you?
Speaker 3 (13:32):
Is it worth it not to pay a thousand dollars,
let's say, one hundred dollars a month over ten months
or whatever where you become enemies practically speaking? Is it
worth you to pay one hundred bucks a month to
keep on the good side?
Speaker 1 (13:46):
Yeah?
Speaker 2 (13:47):
I don't know.
Speaker 3 (13:47):
And try to negotiate, Try to negotiate and say, tell
you what.
Speaker 2 (13:52):
Let me tell you. It says twenty five dollars a month.
Speaker 3 (13:54):
I've got you legally, but I'm willing to say I'll
pay let's split it. Okay, nothing stops you, nothing stops
you from negotiating.
Speaker 10 (14:05):
Okay, I will negotiate with them. And so my neighbor's
name is on the bill. If let's say they don't
want to negotiate, art, will they pay his bill?
Speaker 3 (14:15):
If that's they have no choice, they have no choice.
Someone's got to pay that bill otherwise it's going to
be all shut off. I don't know how they shut
off water, Frank, Oh you can shut off water. Yeah,
I've never had water shut off. But you negotiating there.
Speaker 10 (14:31):
I think my neighbor paid it, and now the leasing
company wants okay, then so they could give it to him.
Speaker 3 (14:36):
Okay, well you you know, morally, which side are you on?
If if it was my toilet and I caused one
thousand dollars bill? Uh, you know, I'd start talking forget
about the legal part of it. Now it's said, is
there any other way do it? Can a single toilet
cause one thousand dollars water bill?
Speaker 10 (14:56):
Well, that's exactly what my point is. How do we
know it was?
Speaker 3 (15:00):
You called the Department of Water and Power, You call
whatever local utility you have, and you explain is it
possible that a toilet can cost one thousand dollars worth
of water of water usage over whatever period of time?
Speaker 2 (15:15):
That is what I would do, Mike, Hello, Mike, welcome.
Speaker 14 (15:20):
Hey, good morning girl. I've got a tenant who is
suing me to get most of their deposit back, although
I had to hold quite a bit back due to
the state that they left the home in. They didn't
do a walk through with me. They left censors on
the doors and windows for their alarm system that they
put in. Had to take those off cause finished damage.
(15:41):
The place was just left in an absolute mess. They
want most of their deposit back to taking me to
the small claims, and I'm trying to prepare something for
the judge there. I just want to make sure I'm
well prepared.
Speaker 3 (15:52):
Okay, that's easy, all right, So tell me if you
have done the following, taking a bunch of pictures of
everything they left time stamped.
Speaker 2 (16:03):
That's one. Number two.
Speaker 3 (16:05):
Demanded that they fix everything within a month, sent them
an accounting and saying I'm withholding the money because of
a B, C, D and E. You get the amount
of money it would cost you to fix everything. For example,
if you have to repaint the place because they have
(16:27):
destroyed the paint where and tear doesn't count. But let's
say you get a it has to be repainted, so
you get a bit of two thousand dollars to fix it.
If you need new carpeting, you have to get a
bid from a carpet installer saying it's going to cost
you three thousand dollars for new carpeting or repair. And
that's what you do. You have to have all of
(16:48):
your ducks in a row. Sure, and if you do that,
you're fine.
Speaker 2 (16:52):
You're gonna win, well, very good.
Speaker 14 (16:55):
Unfortunately, I had to have new tenants move in a
soon as possible. They left the place and just kind
of I guess I made the deductions accordingly and sent
them a bill which literally wasn't unreasonable. It was around
one thousand.
Speaker 2 (17:10):
Okay, did you you send them a bill?
Speaker 3 (17:11):
But did you specify what you had to do and
what it cost?
Speaker 14 (17:16):
Absolutely?
Speaker 8 (17:16):
They were the pavement.
Speaker 2 (17:18):
Okay, good and all you need? Fine? Fine, Okay, you're
fine there. And did you take pictures?
Speaker 8 (17:25):
Yes? I did.
Speaker 2 (17:26):
You're fine. Then what's your problem?
Speaker 15 (17:28):
Yeah?
Speaker 2 (17:28):
You did, You did everything right, You're gonna do fine?
What are they gonna say? Oh, you're fine.
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(17:56):
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Speaker 2 (18:29):
This is Handle on the Law.
Speaker 1 (18:32):
You're listening to Bill Handle on demand from kf I
am six forty.
Speaker 3 (18:39):
Canti handle here on a Saturday morning. This is Handle
on the Law marginal legal advice where I tell you
have no case Jack, Hello Jack.
Speaker 15 (18:51):
Welcome, Yes, Hi, Bill, thank you. I had a RV
stolen and I got a call here a couple of
weeks ago from the police department stating that the trailer
had been recovered and that they had taken it. It
was towed to a tow yard in Victor Velle. I
(19:14):
went out to Victor Velle and they informed me that
it was one thousand dollars towing fee and it's going
to be eighty five dollars a day to tow it
to store it. I looked at the trailer. They let
me go in and look at the trailer, and the
trailer was trashed. It was used as a math lab.
There's foil around the stove. There was a face masks
all over the place. They just destroyed the interior and
(19:38):
the exterior of the trailer, and so I told them
I don't want it. I mean, it's worthless. At this point,
tow hitch was on the ground. They couldn't even They
were going to have to send someone over with a
forklift to lift it up to put it onto my
truck because they had stolen the electric jack as well
as everything else off the trailer they had stolen. So
(20:00):
now I get a I told them I don't want it.
You know, you guys can keep it. It's trash. I
get a notice a week ago that says I owe
AM forty six storage and the towing and lean fees
and different things. I just need to know. Do I
have any rights?
Speaker 13 (20:19):
No?
Speaker 2 (20:19):
Well, let me tell you. I mean what you here,
we go, I don't want it, you keep it? And
they go, we don't want it. Yeah, we don't want it.
What do you want to do with it? And so
you walk in and you say, here, you keep it?
Speaker 15 (20:32):
And what if they say no, Yeah, I guess that's
the they're thing, right, right?
Speaker 3 (20:37):
So what if I go to your and I dump
a car in front of your yard and uh I
I and you say, excuse me, get it out of here,
and I go no, I don't want it.
Speaker 2 (20:45):
It's yours.
Speaker 15 (20:47):
But I didn't leave it there. The police had a same.
Speaker 2 (20:50):
Thing, same thing, the police. That's what the plate now,
But you're still responsible. The police do that. They're not
going to leave a stolen car on the street.
Speaker 3 (20:57):
My daughter's car was stolen and we got a call
from the cops.
Speaker 2 (21:01):
They told me this is the tow yard.
Speaker 3 (21:02):
It was two hundred and seventy five bucks for the
toe and the storage for whatever.
Speaker 2 (21:07):
A couple of days or one day or two days.
I don't even know how long it was there. And
you pay it.
Speaker 3 (21:11):
You have no choice. Now your insurance. I'm assuming you
had the RV insured, right.
Speaker 15 (21:18):
I did not know.
Speaker 2 (21:19):
Oh well you know what the.
Speaker 15 (21:21):
RV was being stored. I didn't have it insured.
Speaker 3 (21:24):
Yeah, well they're yeah, that's brilliant, you know, having an RV.
That having a vehicle that wasn't insured.
Speaker 2 (21:30):
Yeah, you know the money. Yeah, and get it out
of there, get it, get it.
Speaker 3 (21:35):
Out of there, take it to UH the UH to.
Speaker 15 (21:39):
The to the plan. I have to pay somebody to
come in.
Speaker 2 (21:44):
That's correct.
Speaker 3 (21:45):
Yes, Yes, it's yours, Jack, it belongs to me.
Speaker 2 (21:51):
It belongs I.
Speaker 8 (21:52):
Understand it was No, that's.
Speaker 2 (21:55):
Not true, it's always been yours.
Speaker 3 (21:58):
What do you mean after a vehicle has stolen and
all of a sudden it's not yours anymore?
Speaker 2 (22:02):
Where did you? Where did you get that?
Speaker 15 (22:06):
Well, it doesn't seem like I should be responsible for
these darn tofi that they can just mark up whatever
they want.
Speaker 3 (22:13):
Well that's yeah, but here's yeah, I understand. But here's
the problem you've got on this one. It's the police.
The city has a contract with these toe companies and
they get paid. It's a revenue share with them. And
it's okay. The law is there, the contract's valid. The
police see the vehicle, they're not going to leave it
(22:33):
on the street. They're going to take it to a
tow yard. The tow people are going to be picking
it up, storing it. Yeah, they have a right to
do all of that. Jack, And you know what your
resourse is. You turn it over to your insurance company.
Wait a minute, Bill, I don't have insurance. Yeah, that's
a lesson to be learned. Okay, Yeah, I shouldn't own
(22:56):
a vehicle that's been stolen and trash.
Speaker 2 (22:58):
Well, who who does? Tim?
Speaker 8 (23:04):
Hi?
Speaker 2 (23:05):
Tim, welcome.
Speaker 8 (23:06):
Hey, I'll make a quick can you hear me?
Speaker 2 (23:09):
Yeah, absolutely, Okay.
Speaker 8 (23:11):
I live in Redondo Beach and it's sixty two and
over subsidized apartment. Last I'm seventy years old, and the
tenant parking is two hundred yards away. Last this time
last year, I was diagnosed with a fib and I
thought I had a torn achillies and I was having
a certain days. I was having a hard time going
doing that two hundred yard walk. And I have a
(23:32):
handicap placard, so there's certain days I'd park in the
handicap spot. Certain tenants didn't like it, and they complained
to management here and they asked me to move the
car out of the handicap They see me struggling with
two walking sticks. They no, I went, I had a
cathe lasion. I went to the emergency room about a
month ago with the legs. I thought I had a
(23:52):
fractor of fibula. I just I've lost one hundred and
fifty one hundred and fifty pounds the last three years
and fifty in the fifteen. This last year, boy, you were,
I was four twenty five. I'm too eighty now. That's
the second time I've been four fifty down. The last
time I got down to three. I just quit drinking
(24:14):
and quit eating, and that's still to eighty and it's
still hard on my ankles.
Speaker 2 (24:18):
Yeah, that's hard. And how tall are you?
Speaker 8 (24:21):
A lawsuit? Now?
Speaker 2 (24:23):
But how tall are How tall are you?
Speaker 8 (24:25):
I'm six three?
Speaker 2 (24:26):
Okay, well it's not so two eighty six three is
not the end of the world. I thought you now
now I broke my gun. Yeah, nouit. But let me
ask you, who are you going to sue?
Speaker 8 (24:36):
I would sue the owners of the complex.
Speaker 2 (24:39):
All right, well, I is there what I mean? What
are they supposed to give you?
Speaker 3 (24:44):
Okay, they're going to give you five They're going to
give you a handicap placard or allow you to.
Speaker 8 (24:48):
I already have a handneycap blacker.
Speaker 2 (24:50):
They're going to give you a handicap space.
Speaker 3 (24:51):
So what they're saying is you cannot sue and you
cannot park in the handicap space because that is not
for tenant parking.
Speaker 2 (24:59):
Do I have that right?
Speaker 8 (25:00):
No? If for anybody who's got a handicapped blacker?
Speaker 3 (25:03):
Okay, so and so and so they're telling you that
you have to move the car.
Speaker 8 (25:09):
They told me to move the car back to my
regular space. Two hundred dards away.
Speaker 3 (25:13):
Okay, Well, and that's kind of weird. It really is
that they wouldn't accept that you that you are handicapped,
and they're going to make you walk two hundred yards
under these circumstances, I understand, and they're not willing to
do it. So you've got you've got a bunch of
asses who run the company.
Speaker 2 (25:31):
H Is there a lawsuit? Uh? You know what. I
don't know, but I don't want you to.
Speaker 3 (25:38):
Go to court and have uh have the court mandate
order them to allow you to park there. You know what,
there are plenty of organizations out there that help people
that are handicapped, and they deal with issues like this.
Speaker 8 (25:54):
Uh. As a matter of fact, I didn't listen to
you every Saturday.
Speaker 2 (25:59):
Oh my god, we're getting old.
Speaker 8 (26:00):
There are I remember when you were on CVS two
when you first started.
Speaker 3 (26:05):
Yeah, it was a long time ago.
Speaker 8 (26:08):
Yeah.
Speaker 2 (26:09):
So you want to look under.
Speaker 3 (26:12):
Handicap four hundred and twenty five pounds, that's very strong. Uh,
and just just start looking throwing in the words, Well,
oh there you go.
Speaker 2 (26:21):
You feel better.
Speaker 8 (26:22):
Uh.
Speaker 3 (26:23):
There are organizations out there that help people who are handicapped,
especially if you're in a.
Speaker 8 (26:27):
Subsidized house to what you would say, I think I
want to get your thoughts.
Speaker 3 (26:32):
Well, my thoughts are I think that it can be forced.
I think that the management of that place or a
bunch of jerks uh not allowing you to do that.
And if anybody complains, explaining to them, this is why
we're not moving his car or forcing him to move
his car.
Speaker 2 (26:49):
Because because of his medical issues.
Speaker 3 (26:52):
And so you want to go through that system, you
go to one of these nonprofit organizations that that help
people who have the kind of disability you have.
Speaker 2 (27:03):
Nancy, Hi, Nancy, welcome.
Speaker 11 (27:05):
Hi, Bill, thank you for making my call.
Speaker 2 (27:08):
Okay, so I got I got an.
Speaker 11 (27:10):
Issue with I'm an owner of a condominium. We had
a water leak in the building. The h OA and
the board took responsibility for that water leak. There was
quite a bit of mold in our unit. They had
to cut open walls remediate all the mold. Had the
blowers they used their company, They paid for it, had
(27:34):
to fight with them for the restoration of it, putting
the dry wall back, blah blah blah blah. The company,
the HOA, and the board have stated that they would
not pay to relocate my tenant, who could not live
in there. It was about a month. And secondly, they
are not going to pay for painting the drywalls I
(27:55):
put they said, that's my responsibility as well.
Speaker 2 (27:58):
Okay, they can say whatever they want.
Speaker 3 (28:00):
In the meantime, it is that's what the HOA is
there to protect you. And so what you do is
one of two things, you get yourself on the board,
or two you sue the HOA in Small claims court
unless there is a sorry about that coughing, unless under
(28:24):
the CRS, thank you. Unless under the CRS you have
to have an arbitration between you and the HOA. I
don't know what your CCR say, but it would.
Speaker 11 (28:36):
Be probably like a third party arbitrator.
Speaker 4 (28:39):
You would say, that's all.
Speaker 2 (28:40):
Arbitrator is always a third party.
Speaker 3 (28:42):
It's someone who's independent and evidence is presented and you say,
here are here are my damages and then they say
it's not covered. And if it is specific as to
the CCNRS, then you're out of luck, because.
Speaker 2 (29:01):
There it is.
Speaker 3 (29:01):
You agree to it when you bought the place, and
in the event there is something that happens like you did,
you're not going to be covered for relocation. You're not
going to be covered for painting.
Speaker 2 (29:09):
Or whatever it says.
Speaker 3 (29:10):
If it's silent on that, then your argument is going
to be you owe me that money, you are responsible,
and these are my damages, and if you're allowed to
go to court, you go to court.
Speaker 2 (29:23):
If not, you go to arbitration.
Speaker 11 (29:24):
That's it that you're saying is you're saying that if
there is language in the CCNRS that specifically talks about
painting and relocation, then I might not have, ay, not
be able to be reimbursed for it.
Speaker 3 (29:37):
God, that is correct, But I doubt you think.
Speaker 2 (29:41):
I doubt that's the case. I doubt that's the case.
Speaker 11 (29:43):
Answer me too. But but good, good point. Let me
look at the ccn RS and sect. So would I
sue the the HOA or the or the property management company?
Speaker 2 (29:53):
You sue the HOA.
Speaker 3 (29:55):
The property management company doesn't have the property management company
and have the doesn't have the power to make that decision.
Speaker 2 (30:02):
Ultimately, it's going to be the HOA.
Speaker 11 (30:05):
I see. So they need to get those those approve
of h yeah.
Speaker 2 (30:08):
Yeah, you get just exactly what you do.
Speaker 3 (30:10):
You read your HOA, you read your CCNRS, or whatever
the board has passed in which they're allowed to do
and sometimes the board says things we're not going to cover.
Speaker 2 (30:19):
Well, you're not allowed to say that. You got to
cover there.
Speaker 8 (30:22):
It is.
Speaker 2 (30:23):
This is handle on the law.
Speaker 3 (30:25):
I handle here on a Saturday morning right until eleven o'clock.
Speaker 2 (30:29):
This is handle on the law. Welcome back to the
legal show.
Speaker 3 (30:35):
Sharam, Hello Sharam, Yes, yes, go ahead, Yes.
Speaker 4 (30:43):
Bill, I have a property fifty to fifty with the
lady that passed away nine months ago.
Speaker 2 (30:49):
Uh huh.
Speaker 4 (30:50):
She put the property in the family trust before she
passed away, and the family trust is under the news.
Speaker 16 (30:58):
The executive she's a trustee. She's a trustee, your executive trustee.
She's willing to give a quick claim. But what I
like to know what I'm supposed to do? What I'm
gonna because she said her name, the mother name, both
is on the trustee.
Speaker 3 (31:13):
Okay, she's willing to give She's willing to give a
quick claim to whom to me?
Speaker 4 (31:18):
Okay, the whole property to myself.
Speaker 2 (31:20):
Okay, Well, both of them have to sign off.
Speaker 3 (31:24):
They can they can, Yeah, they can quit claim it
to you.
Speaker 2 (31:27):
Sharem I mean, that's I mean nice of them to
do that.
Speaker 3 (31:30):
Obviously, you have a good relationship with the two of
them or one of them.
Speaker 4 (31:36):
Okay, fair enough.
Speaker 3 (31:38):
And there's nothing wrong with a quick claim deed, but
it has to be well if she only it was
at a tendency in common, do you know how title
was held?
Speaker 4 (31:52):
The title showed also the family trust.
Speaker 3 (31:55):
Okay, so the trust, the trust owns the property, and
who's the trust the.
Speaker 2 (32:02):
Niece.
Speaker 3 (32:03):
The niece can quit claim it to anybody, But is
there another beneficiary of the trust's.
Speaker 4 (32:09):
Claiming that her mother too?
Speaker 3 (32:11):
If the mother is a beneficiary of the trust, and
if the trust doesn't specifically say that she has the
right or the property should go to you, Sharam, that's
the problem because you've got the mother saying, what are
you talking about? It's the trust owns it and you're
just arbitrarily giving the assets of the trust to someone.
Speaker 2 (32:34):
You're crazy. You can't do that. You have to have
everybody sign off.
Speaker 4 (32:39):
So the mother also quit claimed.
Speaker 2 (32:41):
That would be enough, That would be fine.
Speaker 3 (32:42):
Well, it's not a question of the mother quit claiming
because she's not on the property. The mother has to
just the mother has to sign off and agree to it. Sharam. No,
it's just no, it can be but you better have
a lawyer. She has to have a lawyer explained to her.
She'd better have you. You bet No, there's no special form,
(33:05):
but there needs to be a letter from a lawyer
saying she understands what she's doing. Where's she from, by
the way, sharam? Oh she's American, so okay, so English
is not a problem. Where are you from, by the way?
Speaker 2 (33:20):
Sharam for me? Ron okay. Yeah, but obviously obviously you've
been here for a very long time.
Speaker 4 (33:28):
Oh yeah, yeah, I didn't have fifty years.
Speaker 3 (33:29):
Fifty years, and you sound like you got off the
boat yesterday.
Speaker 4 (33:34):
Well there you go.
Speaker 2 (33:36):
No it never does, No, sure, no, it never does.
Speaker 3 (33:41):
My parents were here sixty years and they sounded like
they got off the boat yesterday till the day they died.
But anyway, if you're any get the quick claim from mom,
who is not even untitle but a beneficiary of the trust.
She has to okay it, and she has to and
you have to have a lawyer say she understands, because
she could come back.
Speaker 4 (34:03):
We can not take any stip.
Speaker 2 (34:05):
I wouldn't.
Speaker 3 (34:05):
I'll tell you why, because she could come back. Say
I don't understand, I didn't understand.
Speaker 4 (34:09):
Well, no, she's not going to come back.
Speaker 3 (34:12):
Well, then you're taking a risk. Well, I mean that's
up to you. But she could come back against the trustee.
She could come back against the trustee who actually signs
the quick claim saying I didn't understand you gave up.
Speaker 2 (34:24):
Assets of which I'm the beneficiary.
Speaker 3 (34:26):
That's why you have to have a lawyer saying she
understands that she is giving up this property. So I
mean that's important because whenever you're giving up something of
value through an estate, through a probate, through a trust,
you've got to you got to be covered.
Speaker 2 (34:45):
Mary. Hi, Mary, Hi, Yes, my question phil.
Speaker 13 (34:51):
Is I received a collection letter and it stems I
believe from two thousand and eight mortgage loan, when bad
mortgage loans were written. I believe it might be like
a residual balance. And I recently purchased a property and
(35:11):
I got a letter asking for a payment.
Speaker 4 (35:15):
Ooh yeah, two thousand and eight.
Speaker 2 (35:18):
Yeah, no, I understand. Hold on, did you send a payment?
Speaker 13 (35:23):
No?
Speaker 2 (35:24):
Good? I'm good, vice, Yes, oh, good for you for calling.
Speaker 3 (35:30):
First of all, the statute of limitation has long long runout,
and if you make eight if you make a payment,
that reinstates the contract.
Speaker 2 (35:44):
And that means and they'll you'll hear.
Speaker 3 (35:47):
Just make a good faith payment. Just give us one
hundred dollars. You know what, We'll do this. You know
you'll we'll bring it down to five hundred dollars. I mean,
they'll tell you just give us ten dollars a month
as good faith.
Speaker 13 (36:00):
Do not.
Speaker 3 (36:02):
You know, you are absolutely being scammed. I mean you
owe the money, but they can't collect it. Yeah.
Speaker 2 (36:10):
Yeah, how much do they want? How much do they want?
Speaker 13 (36:14):
It was fifty thousand.
Speaker 2 (36:15):
Yeah, I just say no, thank you.
Speaker 13 (36:18):
It wasn't on my credit report.
Speaker 11 (36:20):
I thought it was interesting.
Speaker 2 (36:21):
God help them.
Speaker 3 (36:22):
If they put it on your credit report from a
bill that was owed in two thousand and eight, that's
a big violation.
Speaker 2 (36:28):
They get nailed for that. That's when that's when you
sue them big time.
Speaker 13 (36:33):
Oh oh okay, so there can't be it's read on
lean on my property.
Speaker 2 (36:39):
No, you hope they let me put it this way.
You hope they lead your property.
Speaker 3 (36:46):
Because that's another lawsuit and a real good one.
Speaker 16 (36:50):
Oh.
Speaker 5 (36:50):
I'm so glad I called.
Speaker 2 (36:52):
Yep, yep, that's what you do.
Speaker 8 (36:54):
You will, all right.
Speaker 3 (36:55):
And by the way, if you do talk to them,
say two thousand and eight, you ever heard of the
Statute of limitation, and they're gonna lie. That's the other thing.
They're gonna lie. Oh, the statue doesn't apply here. It's
not true.
Speaker 2 (37:07):
This is an exception to the statue in California. I'm sorry,
what is it in four years? Four years?
Speaker 5 (37:15):
Oh my gosh, you're good?
Speaker 3 (37:17):
All right, all right, all right, let me tell you
a little bit about living in pain. Boy, you just
talk about living in pain. But if you live in
chronic pain, if you will live in the pain, that's
twenty four to seven. And I happen to live with
someone who suffers exactly. That happens to me and my wife.
So what she did is three years ago or two
(37:38):
years ago, started something called the Pain Game podcast, and
it's about helping herself, helping people who suffer from chronic pain,
or dealing with people who, let's say, treat chronic pain.
I mean, chronic pain can be very lonely and it's
just no fun. As I said, it's constant, and sometimes
(37:59):
it's really bad, and sometimes.
Speaker 2 (38:01):
It's really really bad.
Speaker 3 (38:03):
So let me suggest going to the Pain Game podcast,
and you can do this wherever you listen to podcasts.
It's someone who suffers from Chronic Pain who helps people
who suffer from chronic pain and trauma, and based on
the reports and the response, it really does help people.
So it's the Pain Game Podcast. You can listen to
(38:23):
it wherever you listen to podcasts, and every episode ends
with a message of hope.
Speaker 2 (38:27):
That's the good side of it.
Speaker 3 (38:28):
On social media, it's at the Pain Game Podcast. At
the Pain Game Podcast. Season three just started dropping The
Pain Game Podcast.
Speaker 2 (38:40):
This is Handle on the Law. You've been listening to
the Bill Handle Show.
Speaker 3 (38:44):
Catch my show Monday through Friday, six am to nine am,
and anytime on demand on the iHeartRadio app.
You're listening to Bill Handle on demand from KFI AM
six forty.
Speaker 2 (00:09):
Am six Storty Bill Hammer. Here it is a Saturday morning.
This is Handle on the law.
Speaker 3 (00:18):
Marginal legal advice, where I tell you you have absolutely
no case. There is an award that is given annually
and it's called the Profile Encourage Award, and this was
based on the book that John F.
Speaker 2 (00:35):
Kennedy wrote, Profiles Encourage.
Speaker 3 (00:38):
He actually wrote that in his last year at Harvard,
and he actually didn't write it.
Speaker 2 (00:45):
His dad paid for it to be ghosts written.
Speaker 3 (00:47):
His dad, Joseph Kennedy, was a very very wealthy man,
and this was part of a plan to get jfk
into politics. And it's a very long story, but anyway,
it was a bestseller and a talked about Americans who
took stands that were contrary to either public opinion or
even the law. The bad law at that time and prevailed.
(01:12):
And it was Profiles of Courage.
Speaker 2 (01:15):
And every year they give this award.
Speaker 3 (01:17):
So this year, former Vice President Mike Pence received the
John F. Kennedy Profile and Courage in Courage Award for
his refusal to go along with President Trump's efforts to
remain in office.
Speaker 2 (01:30):
After Trump lost the twenty twenty election.
Speaker 3 (01:33):
The award recognizes Pence for putting his life in career
on the line to ensure the constitutional transfer of presidential
power on June sixth, twenty twenty one. On January sixth,
sorry about that, twenty twenty one, and if you remember
the rally on January sixth, where Donald Trump had lost
(01:58):
the election and on the twentieth he was going to
leave the office of the presidency and Joe Biden was
going to come in. Trump argued, as well as many Republicans,
the election was rigged, that in fact, he won the election,
that Joe Biden is an illegal president. And so he
(02:19):
had this huge rally and it was in Washington, d C.
And there were thousands of people, and he pointed to
the Capitol Building and he said, go there and tell
them to do the right thing, and specifically mentioned Pence.
Pence has to do the right thing, thinking in some
crazy legal manner that if the vice president, Michael Pence
(02:44):
did not certify the election, somehow Trump would remain the president,
which is a complete crop by the way, it makes
those sense because the vice president under law merely counts
the votes and makes the declaration.
Speaker 2 (02:58):
The analogy here is you have a.
Speaker 3 (03:02):
Participant who gives out the Academy award, opens up the.
Speaker 2 (03:09):
Envelope and says, and the best Picture award is.
Speaker 3 (03:13):
And if he or she refuses to do that, does
that mean the award winner does not get the award?
Speaker 2 (03:20):
Of course not.
Speaker 3 (03:22):
That person is merely opening up an envelope. The Vice president,
Mike Pence, merely opens up the envelope, counts the votes
and says here it is, and then certifies I counted
the votes, and Joe Biden is now the president. And
Trump said, if you don't do that, refuse to certify,
then Joe Biden does not become president by default.
Speaker 2 (03:44):
I stay as president.
Speaker 3 (03:45):
I mean that philosophy, or that's legal thinking, was completely nuts.
The problem for Mike Pence is people broke into the
Capitol and you could hear the chanting, hang Mike pens
Hang Mike Pence. And remember if you look at the video,
(04:06):
these were people that, in my opinion, would have absolutely
hanged them. These were the patriots, by the way, who
were convicted, some sixteen hundred of them were convicted of
federal crimes of overrunning the capitol. In some cases sedition
attacking police officers, and of course Donald Trump when he
(04:29):
was elected called all of them heroes and patriots and
pardoned them profiles. Encourage Mike Pence, and he refused to
cow tell. He said, I'm going to do what the
Constitution tells me to do. All right, let's take some
phone calls. Simon, Hi, Simon, welcome to handle out of
the law.
Speaker 4 (04:50):
Oh hello, Bill, Good morning to you. Bill.
Speaker 5 (04:54):
I am a judgment creditor. We submitted notice of to
the Bank of the Editor. Bank sent me a note, well,
some documents indicating that all funds exempt pursuant pursuance to
(05:19):
telp c a CCP seven O four point two to zero,
no safety posit box was found. What is c ACCP
seven Ford? Are you have you heard of that exemption?
Speaker 6 (05:39):
You know?
Speaker 3 (05:39):
I got I wish you had asked me about CCP
seven O five because that I know really well, because
I tested that in law school.
Speaker 2 (05:50):
I don't know what the seven O four is.
Speaker 3 (05:52):
So you basically went in and you tried to get
into a safe deposit box pursuance to a levee. Boy,
I don't know how you do that. I think it is.
Speaker 2 (06:06):
The sheriff wanted to get into.
Speaker 3 (06:08):
Yeah, I wanted to get into a safe deposit box.
Now that gets interesting because I don't.
Speaker 2 (06:13):
Know how it's possible. You have a levee for how
much money?
Speaker 5 (06:19):
About twenty five hundred okay.
Speaker 3 (06:21):
Twenty five hundred dollars you send to the sheriff, They
go in, open up that safe deposit box.
Speaker 2 (06:26):
I want to what's in there?
Speaker 7 (06:27):
No, no, no, you know, I'm not talking about anything
about safety deposit box.
Speaker 2 (06:31):
Then what did you mention?
Speaker 8 (06:32):
Then?
Speaker 2 (06:32):
Why did you mention safe deposit box?
Speaker 7 (06:36):
On the forum it says all fronts exempts and there
is no They say no safetyposit box found?
Speaker 2 (06:44):
Okay, got in? All right?
Speaker 3 (06:45):
Got so something's going on. Someone's not understanding what's happening. Uh,
because that's all that's some kind of a form. Uh
did you list an account going on? Because I'm a
little confused here. All funds are exempt, and I don't
know er what exemption, probably under CCP section seven seven
for whatever the hell you you said? So yeah, well
(07:09):
you know, yeah, good news is I don't have the
foggiest notion what that is.
Speaker 7 (07:13):
Okay, all right, that's fine, and let me see can
I garnish your car. Cannot know you.
Speaker 3 (07:19):
Can't garnish your car. You can take the car, but
that's also exempt. The sheriff can grab her car, but
there is an exemption to that.
Speaker 2 (07:25):
So you're not going to get her car. That doesn't Yeah, no, no,
the shares is not going to be able to.
Speaker 3 (07:32):
Well, it's on your behalf. No, the sheriff's not going
to take her car. Does she Does she have a dog? Yeah?
She would be so much It would be so much
easier if you had a dog. Yeah, yeah, I know.
Speaker 2 (07:51):
There you go.
Speaker 3 (07:52):
She's a dog, all right, Sure, why not, Sophia, Yeah, yes.
Speaker 6 (08:02):
My question is I went to a community college and
I was on campus and I was going back to
my vehicle and I had to go down these steps.
I fell down. When I fell down, I injured my shoulders, yeah,
my stands, my knee.
Speaker 8 (08:21):
Yeah.
Speaker 2 (08:21):
No, it was a good fall. It was. It was
a good fall. Any broken bones, Sofia.
Speaker 6 (08:25):
No, okay, broken. I went to the doctor. That phrase,
no broken, Okay.
Speaker 2 (08:30):
What's good?
Speaker 3 (08:31):
I mean that's good. I mean, you know, legally, that's
not good. You know, I much rather have your head
come off as you fell. I mean, it's a better case.
But okay, I'll accept that there was no broken bones.
Now let's talk about the stairs, any.
Speaker 2 (08:46):
Water, any oil?
Speaker 8 (08:48):
Light?
Speaker 2 (08:48):
Was it at night and lights were not?
Speaker 8 (08:50):
There?
Speaker 3 (08:51):
Was it out of code? Which it could be today,
but it'd be grandfathered in. How did you fall?
Speaker 6 (08:59):
I was going down the steps. They're very steep and
a rest area, so in between the continuation of the
steps there is no rail, so I let all the
rail and when I was trying to grasp the or
the rail, I guess that's when I got it.
Speaker 3 (09:18):
All right, you got two problems with this issue. Problem
number one, and that's why I asked you if you
broke any bones or surgeries or whatever, is that you
weren't hurt enough that anybody's going to pick it up.
Problem number two. They have a terrific defense to that.
It's called the clutz defense. Sophia, You're a clutz.
Speaker 9 (09:39):
And people fall and they fall because they fall, And
I have fallen before and I ended up in the
hospital because I fell and I really hurt my back.
Speaker 3 (09:51):
You know who was responsible? No one except me, Sophia.
Because people fall, and that's what they do.
Speaker 2 (10:00):
This is handle on the law.
Speaker 8 (10:04):
Yeah bye, handle here?
Speaker 2 (10:05):
This is handle on the law.
Speaker 5 (10:07):
More than illegal.
Speaker 2 (10:11):
Kimberly. Hello Kimberly.
Speaker 10 (10:15):
So we rent a office building with our for a company,
and our water meter is a joint with the unit
next to us, which is Unit C. Okay, in our
in our contract, when we signed our contract, it states
that we have to pay a twenty five dollars water
bill to our leasing company, which our leasing company will
then credit our neighbor because the water bill is under
(10:37):
our neighbor's name. Okay, two months ago, my neighbor gave
me a call. He let me know that my unit
sounded like it was leaking a bunch of water. So
I rushed over there and we found out it was
just my toilet that was running. Uh So we got
our toilet fixed within.
Speaker 11 (10:52):
About a week.
Speaker 10 (10:54):
And then about a week ago, I get an email
from my.
Speaker 12 (10:56):
Leasing company stating iowa thousand dollars to them because the
water bill was used exless amount for the last two months.
Speaker 3 (11:08):
When okay, okay, when hold on a minute, two months
the water bill has been excessive and the toilet started leaking.
Speaker 2 (11:17):
How far into the two months? You said? What about
a week?
Speaker 10 (11:20):
So when we realized the toilet was leaking, it was
like in May. But we don't know how got it.
Speaker 3 (11:27):
You don't know how you got You don't know how long? Okay,
all right? And you got a thousand dollars bill?
Speaker 13 (11:32):
All right?
Speaker 3 (11:33):
And is there anything in the lease that says that
if there is excessive water usage, you get to you
get to pay. Well, all right, you have a bill
that says twenty five dollars a month. Okay, there there,
you're okay, you got twenty five dollars. Well, we need
one thousand dollars because of your toilet running twenty four
to seven for it could be weeks. But honey, but
(11:54):
let me ask you something. How do you when a
toilet runs? You know, you see it in the bowl
that the toilet is running, unless there's a leak way
down in the bowels.
Speaker 2 (12:05):
Of so to speak.
Speaker 3 (12:07):
Huh in you know, below the level of the toilet
as the drain comes down.
Speaker 2 (12:12):
I mean, where where was the leak?
Speaker 10 (12:14):
It wasn't easy fix. So the thing is, we work
with compressors, so it's very loud in our warehouse.
Speaker 3 (12:19):
Yeah, no, I understand, But where was the leak above
the floor?
Speaker 2 (12:22):
Below the floor?
Speaker 10 (12:24):
No, it was, It wasn't the bowl of the toilet.
Speaker 8 (12:25):
We can.
Speaker 2 (12:26):
Yeah, but just see it.
Speaker 3 (12:27):
You know what I got to tell you, just because
it's loud, you see it running. I mean, every time
you go to the toilet, it's running.
Speaker 2 (12:32):
It's running.
Speaker 3 (12:33):
Because I'm assuming, I'm assuming most of you go to
the toilet when you have to go to the toilet
as a post outside. So I would argue on I
would argue on their behalf saying, hey, you cause the
water bill, and this is a an issue.
Speaker 2 (12:48):
This is not an issue of the lease.
Speaker 3 (12:50):
You, on the other hand, says, there's the bill I
owe twenty five dollars a month, and there is nothing
that says I pay more than twenty five dollars a
month for whatever reason. And I'm going to see what
a judge has to say on that one. Because you're
gonna tell them to go pound sand. Now, how miserable
can they make you? Yeah, I mean no, no, let's
(13:11):
now let's talk practical, Kimberly. You're a tenant in a
building of which the management company on behalf of the
owner says a thousand bucks, right, and so assuming they go,
you go forward and tell them to go pound sand,
and obviously the relationship is I would say questionable.
Speaker 2 (13:29):
At that point, what can they do to you?
Speaker 3 (13:32):
Is it worth it not to pay a thousand dollars,
let's say, one hundred dollars a month over ten months
or whatever where you become enemies practically speaking? Is it
worth you to pay one hundred bucks a month to
keep on the good side?
Speaker 1 (13:46):
Yeah?
Speaker 2 (13:47):
I don't know.
Speaker 3 (13:47):
And try to negotiate, Try to negotiate and say, tell
you what.
Speaker 2 (13:52):
Let me tell you. It says twenty five dollars a month.
Speaker 3 (13:54):
I've got you legally, but I'm willing to say I'll
pay let's split it. Okay, nothing stops you, nothing stops
you from negotiating.
Speaker 10 (14:05):
Okay, I will negotiate with them. And so my neighbor's
name is on the bill. If let's say they don't
want to negotiate, art, will they pay his bill?
Speaker 3 (14:15):
If that's they have no choice, they have no choice.
Someone's got to pay that bill otherwise it's going to
be all shut off. I don't know how they shut
off water, Frank, Oh you can shut off water. Yeah,
I've never had water shut off. But you negotiating there.
Speaker 10 (14:31):
I think my neighbor paid it, and now the leasing
company wants okay, then so they could give it to him.
Speaker 3 (14:36):
Okay, well you you know, morally, which side are you on?
If if it was my toilet and I caused one
thousand dollars bill? Uh, you know, I'd start talking forget
about the legal part of it. Now it's said, is
there any other way do it? Can a single toilet
cause one thousand dollars water bill?
Speaker 10 (14:56):
Well, that's exactly what my point is. How do we
know it was?
Speaker 3 (15:00):
You called the Department of Water and Power, You call
whatever local utility you have, and you explain is it
possible that a toilet can cost one thousand dollars worth
of water of water usage over whatever period of time?
Speaker 2 (15:15):
That is what I would do, Mike, Hello, Mike, welcome.
Speaker 14 (15:20):
Hey, good morning girl. I've got a tenant who is
suing me to get most of their deposit back, although
I had to hold quite a bit back due to
the state that they left the home in. They didn't
do a walk through with me. They left censors on
the doors and windows for their alarm system that they
put in. Had to take those off cause finished damage.
(15:41):
The place was just left in an absolute mess. They
want most of their deposit back to taking me to
the small claims, and I'm trying to prepare something for
the judge there. I just want to make sure I'm
well prepared.
Speaker 3 (15:52):
Okay, that's easy, all right, So tell me if you
have done the following, taking a bunch of pictures of
everything they left time stamped.
Speaker 2 (16:03):
That's one. Number two.
Speaker 3 (16:05):
Demanded that they fix everything within a month, sent them
an accounting and saying I'm withholding the money because of
a B, C, D and E. You get the amount
of money it would cost you to fix everything. For example,
if you have to repaint the place because they have
(16:27):
destroyed the paint where and tear doesn't count. But let's
say you get a it has to be repainted, so
you get a bit of two thousand dollars to fix it.
If you need new carpeting, you have to get a
bid from a carpet installer saying it's going to cost
you three thousand dollars for new carpeting or repair. And
that's what you do. You have to have all of
(16:48):
your ducks in a row. Sure, and if you do that,
you're fine.
Speaker 2 (16:52):
You're gonna win, well, very good.
Speaker 14 (16:55):
Unfortunately, I had to have new tenants move in a
soon as possible. They left the place and just kind
of I guess I made the deductions accordingly and sent
them a bill which literally wasn't unreasonable. It was around
one thousand.
Speaker 2 (17:10):
Okay, did you you send them a bill?
Speaker 3 (17:11):
But did you specify what you had to do and
what it cost?
Speaker 14 (17:16):
Absolutely?
Speaker 8 (17:16):
They were the pavement.
Speaker 2 (17:18):
Okay, good and all you need? Fine? Fine, Okay, you're
fine there. And did you take pictures?
Speaker 8 (17:25):
Yes? I did.
Speaker 2 (17:26):
You're fine. Then what's your problem?
Speaker 15 (17:28):
Yeah?
Speaker 2 (17:28):
You did, You did everything right, You're gonna do fine?
What are they gonna say? Oh, you're fine.
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Speaker 2 (18:29):
This is Handle on the Law.
Speaker 1 (18:32):
You're listening to Bill Handle on demand from kf I
am six forty.
Speaker 3 (18:39):
Canti handle here on a Saturday morning. This is Handle
on the Law marginal legal advice where I tell you
have no case Jack, Hello Jack.
Speaker 15 (18:51):
Welcome, Yes, Hi, Bill, thank you. I had a RV
stolen and I got a call here a couple of
weeks ago from the police department stating that the trailer
had been recovered and that they had taken it. It
was towed to a tow yard in Victor Velle. I
(19:14):
went out to Victor Velle and they informed me that
it was one thousand dollars towing fee and it's going
to be eighty five dollars a day to tow it
to store it. I looked at the trailer. They let
me go in and look at the trailer, and the
trailer was trashed. It was used as a math lab.
There's foil around the stove. There was a face masks
all over the place. They just destroyed the interior and
(19:38):
the exterior of the trailer, and so I told them
I don't want it. I mean, it's worthless. At this point,
tow hitch was on the ground. They couldn't even They
were going to have to send someone over with a
forklift to lift it up to put it onto my
truck because they had stolen the electric jack as well
as everything else off the trailer they had stolen. So
(20:00):
now I get a I told them I don't want it.
You know, you guys can keep it. It's trash. I
get a notice a week ago that says I owe
AM forty six storage and the towing and lean fees
and different things. I just need to know. Do I
have any rights?
Speaker 13 (20:19):
No?
Speaker 2 (20:19):
Well, let me tell you. I mean what you here,
we go, I don't want it, you keep it? And
they go, we don't want it. Yeah, we don't want it.
What do you want to do with it? And so
you walk in and you say, here, you keep it?
Speaker 15 (20:32):
And what if they say no, Yeah, I guess that's
the they're thing, right, right?
Speaker 3 (20:37):
So what if I go to your and I dump
a car in front of your yard and uh I
I and you say, excuse me, get it out of here,
and I go no, I don't want it.
Speaker 2 (20:45):
It's yours.
Speaker 15 (20:47):
But I didn't leave it there. The police had a same.
Speaker 2 (20:50):
Thing, same thing, the police. That's what the plate now,
But you're still responsible. The police do that. They're not
going to leave a stolen car on the street.
Speaker 3 (20:57):
My daughter's car was stolen and we got a call
from the cops.
Speaker 2 (21:01):
They told me this is the tow yard.
Speaker 3 (21:02):
It was two hundred and seventy five bucks for the
toe and the storage for whatever.
Speaker 2 (21:07):
A couple of days or one day or two days.
I don't even know how long it was there. And
you pay it.
Speaker 3 (21:11):
You have no choice. Now your insurance. I'm assuming you
had the RV insured, right.
Speaker 15 (21:18):
I did not know.
Speaker 2 (21:19):
Oh well you know what the.
Speaker 15 (21:21):
RV was being stored. I didn't have it insured.
Speaker 3 (21:24):
Yeah, well they're yeah, that's brilliant, you know, having an RV.
That having a vehicle that wasn't insured.
Speaker 2 (21:30):
Yeah, you know the money. Yeah, and get it out
of there, get it, get it.
Speaker 3 (21:35):
Out of there, take it to UH the UH to.
Speaker 15 (21:39):
The to the plan. I have to pay somebody to
come in.
Speaker 2 (21:44):
That's correct.
Speaker 3 (21:45):
Yes, Yes, it's yours, Jack, it belongs to me.
Speaker 2 (21:51):
It belongs I.
Speaker 8 (21:52):
Understand it was No, that's.
Speaker 2 (21:55):
Not true, it's always been yours.
Speaker 3 (21:58):
What do you mean after a vehicle has stolen and
all of a sudden it's not yours anymore?
Speaker 2 (22:02):
Where did you? Where did you get that?
Speaker 15 (22:06):
Well, it doesn't seem like I should be responsible for
these darn tofi that they can just mark up whatever
they want.
Speaker 3 (22:13):
Well that's yeah, but here's yeah, I understand. But here's
the problem you've got on this one. It's the police.
The city has a contract with these toe companies and
they get paid. It's a revenue share with them. And
it's okay. The law is there, the contract's valid. The
police see the vehicle, they're not going to leave it
(22:33):
on the street. They're going to take it to a
tow yard. The tow people are going to be picking
it up, storing it. Yeah, they have a right to
do all of that. Jack, And you know what your
resourse is. You turn it over to your insurance company.
Wait a minute, Bill, I don't have insurance. Yeah, that's
a lesson to be learned. Okay, Yeah, I shouldn't own
(22:56):
a vehicle that's been stolen and trash.
Speaker 2 (22:58):
Well, who who does? Tim?
Speaker 8 (23:04):
Hi?
Speaker 2 (23:05):
Tim, welcome.
Speaker 8 (23:06):
Hey, I'll make a quick can you hear me?
Speaker 2 (23:09):
Yeah, absolutely, Okay.
Speaker 8 (23:11):
I live in Redondo Beach and it's sixty two and
over subsidized apartment. Last I'm seventy years old, and the
tenant parking is two hundred yards away. Last this time
last year, I was diagnosed with a fib and I
thought I had a torn achillies and I was having
a certain days. I was having a hard time going
doing that two hundred yard walk. And I have a
(23:32):
handicap placard, so there's certain days I'd park in the
handicap spot. Certain tenants didn't like it, and they complained
to management here and they asked me to move the
car out of the handicap They see me struggling with
two walking sticks. They no, I went, I had a
cathe lasion. I went to the emergency room about a
month ago with the legs. I thought I had a
(23:52):
fractor of fibula. I just I've lost one hundred and
fifty one hundred and fifty pounds the last three years
and fifty in the fifteen. This last year, boy, you were,
I was four twenty five. I'm too eighty now. That's
the second time I've been four fifty down. The last
time I got down to three. I just quit drinking
(24:14):
and quit eating, and that's still to eighty and it's
still hard on my ankles.
Speaker 2 (24:18):
Yeah, that's hard. And how tall are you?
Speaker 8 (24:21):
A lawsuit? Now?
Speaker 2 (24:23):
But how tall are How tall are you?
Speaker 8 (24:25):
I'm six three?
Speaker 2 (24:26):
Okay, well it's not so two eighty six three is
not the end of the world. I thought you now
now I broke my gun. Yeah, nouit. But let me
ask you, who are you going to sue?
Speaker 8 (24:36):
I would sue the owners of the complex.
Speaker 2 (24:39):
All right, well, I is there what I mean? What
are they supposed to give you?
Speaker 3 (24:44):
Okay, they're going to give you five They're going to
give you a handicap placard or allow you to.
Speaker 8 (24:48):
I already have a handneycap blacker.
Speaker 2 (24:50):
They're going to give you a handicap space.
Speaker 3 (24:51):
So what they're saying is you cannot sue and you
cannot park in the handicap space because that is not
for tenant parking.
Speaker 2 (24:59):
Do I have that right?
Speaker 8 (25:00):
No? If for anybody who's got a handicapped blacker?
Speaker 3 (25:03):
Okay, so and so and so they're telling you that
you have to move the car.
Speaker 8 (25:09):
They told me to move the car back to my
regular space. Two hundred dards away.
Speaker 3 (25:13):
Okay, Well, and that's kind of weird. It really is
that they wouldn't accept that you that you are handicapped,
and they're going to make you walk two hundred yards
under these circumstances, I understand, and they're not willing to
do it. So you've got you've got a bunch of
asses who run the company.
Speaker 2 (25:31):
H Is there a lawsuit? Uh? You know what. I
don't know, but I don't want you to.
Speaker 3 (25:38):
Go to court and have uh have the court mandate
order them to allow you to park there. You know what,
there are plenty of organizations out there that help people
that are handicapped, and they deal with issues like this.
Speaker 8 (25:54):
Uh. As a matter of fact, I didn't listen to
you every Saturday.
Speaker 2 (25:59):
Oh my god, we're getting old.
Speaker 8 (26:00):
There are I remember when you were on CVS two
when you first started.
Speaker 3 (26:05):
Yeah, it was a long time ago.
Speaker 8 (26:08):
Yeah.
Speaker 2 (26:09):
So you want to look under.
Speaker 3 (26:12):
Handicap four hundred and twenty five pounds, that's very strong. Uh,
and just just start looking throwing in the words, Well,
oh there you go.
Speaker 2 (26:21):
You feel better.
Speaker 8 (26:22):
Uh.
Speaker 3 (26:23):
There are organizations out there that help people who are handicapped,
especially if you're in a.
Speaker 8 (26:27):
Subsidized house to what you would say, I think I
want to get your thoughts.
Speaker 3 (26:32):
Well, my thoughts are I think that it can be forced.
I think that the management of that place or a
bunch of jerks uh not allowing you to do that.
And if anybody complains, explaining to them, this is why
we're not moving his car or forcing him to move
his car.
Speaker 2 (26:49):
Because because of his medical issues.
Speaker 3 (26:52):
And so you want to go through that system, you
go to one of these nonprofit organizations that that help
people who have the kind of disability you have.
Speaker 2 (27:03):
Nancy, Hi, Nancy, welcome.
Speaker 11 (27:05):
Hi, Bill, thank you for making my call.
Speaker 2 (27:08):
Okay, so I got I got an.
Speaker 11 (27:10):
Issue with I'm an owner of a condominium. We had
a water leak in the building. The h OA and
the board took responsibility for that water leak. There was
quite a bit of mold in our unit. They had
to cut open walls remediate all the mold. Had the
blowers they used their company, They paid for it, had
(27:34):
to fight with them for the restoration of it, putting
the dry wall back, blah blah blah blah. The company,
the HOA, and the board have stated that they would
not pay to relocate my tenant, who could not live
in there. It was about a month. And secondly, they
are not going to pay for painting the drywalls I
(27:55):
put they said, that's my responsibility as well.
Speaker 2 (27:58):
Okay, they can say whatever they want.
Speaker 3 (28:00):
In the meantime, it is that's what the HOA is
there to protect you. And so what you do is
one of two things, you get yourself on the board,
or two you sue the HOA in Small claims court
unless there is a sorry about that coughing, unless under
(28:24):
the CRS, thank you. Unless under the CRS you have
to have an arbitration between you and the HOA. I
don't know what your CCR say, but it would.
Speaker 11 (28:36):
Be probably like a third party arbitrator.
Speaker 4 (28:39):
You would say, that's all.
Speaker 2 (28:40):
Arbitrator is always a third party.
Speaker 3 (28:42):
It's someone who's independent and evidence is presented and you say,
here are here are my damages and then they say
it's not covered. And if it is specific as to
the CCNRS, then you're out of luck, because.
Speaker 2 (29:01):
There it is.
Speaker 3 (29:01):
You agree to it when you bought the place, and
in the event there is something that happens like you did,
you're not going to be covered for relocation. You're not
going to be covered for painting.
Speaker 2 (29:09):
Or whatever it says.
Speaker 3 (29:10):
If it's silent on that, then your argument is going
to be you owe me that money, you are responsible,
and these are my damages, and if you're allowed to
go to court, you go to court.
Speaker 2 (29:23):
If not, you go to arbitration.
Speaker 11 (29:24):
That's it that you're saying is you're saying that if
there is language in the CCNRS that specifically talks about
painting and relocation, then I might not have, ay, not
be able to be reimbursed for it.
Speaker 3 (29:37):
God, that is correct, But I doubt you think.
Speaker 2 (29:41):
I doubt that's the case. I doubt that's the case.
Speaker 11 (29:43):
Answer me too. But but good, good point. Let me
look at the ccn RS and sect. So would I
sue the the HOA or the or the property management company?
Speaker 2 (29:53):
You sue the HOA.
Speaker 3 (29:55):
The property management company doesn't have the property management company
and have the doesn't have the power to make that decision.
Speaker 2 (30:02):
Ultimately, it's going to be the HOA.
Speaker 11 (30:05):
I see. So they need to get those those approve
of h yeah.
Speaker 2 (30:08):
Yeah, you get just exactly what you do.
Speaker 3 (30:10):
You read your HOA, you read your CCNRS, or whatever
the board has passed in which they're allowed to do
and sometimes the board says things we're not going to cover.
Speaker 2 (30:19):
Well, you're not allowed to say that. You got to
cover there.
Speaker 8 (30:22):
It is.
Speaker 2 (30:23):
This is handle on the law.
Speaker 3 (30:25):
I handle here on a Saturday morning right until eleven o'clock.
Speaker 2 (30:29):
This is handle on the law. Welcome back to the
legal show.
Speaker 3 (30:35):
Sharam, Hello Sharam, Yes, yes, go ahead, Yes.
Speaker 4 (30:43):
Bill, I have a property fifty to fifty with the
lady that passed away nine months ago.
Speaker 2 (30:49):
Uh huh.
Speaker 4 (30:50):
She put the property in the family trust before she
passed away, and the family trust is under the news.
Speaker 16 (30:58):
The executive she's a trustee. She's a trustee, your executive trustee.
She's willing to give a quick claim. But what I
like to know what I'm supposed to do? What I'm
gonna because she said her name, the mother name, both
is on the trustee.
Speaker 3 (31:13):
Okay, she's willing to give She's willing to give a
quick claim to whom to me?
Speaker 4 (31:18):
Okay, the whole property to myself.
Speaker 2 (31:20):
Okay, Well, both of them have to sign off.
Speaker 3 (31:24):
They can they can, Yeah, they can quit claim it
to you.
Speaker 2 (31:27):
Sharem I mean, that's I mean nice of them to
do that.
Speaker 3 (31:30):
Obviously, you have a good relationship with the two of
them or one of them.
Speaker 4 (31:36):
Okay, fair enough.
Speaker 3 (31:38):
And there's nothing wrong with a quick claim deed, but
it has to be well if she only it was
at a tendency in common, do you know how title
was held?
Speaker 4 (31:52):
The title showed also the family trust.
Speaker 3 (31:55):
Okay, so the trust, the trust owns the property, and
who's the trust the.
Speaker 2 (32:02):
Niece.
Speaker 3 (32:03):
The niece can quit claim it to anybody, But is
there another beneficiary of the trust's.
Speaker 4 (32:09):
Claiming that her mother too?
Speaker 3 (32:11):
If the mother is a beneficiary of the trust, and
if the trust doesn't specifically say that she has the
right or the property should go to you, Sharam, that's
the problem because you've got the mother saying, what are
you talking about? It's the trust owns it and you're
just arbitrarily giving the assets of the trust to someone.
Speaker 2 (32:34):
You're crazy. You can't do that. You have to have
everybody sign off.
Speaker 4 (32:39):
So the mother also quit claimed.
Speaker 2 (32:41):
That would be enough, That would be fine.
Speaker 3 (32:42):
Well, it's not a question of the mother quit claiming
because she's not on the property. The mother has to
just the mother has to sign off and agree to it. Sharam. No,
it's just no, it can be but you better have
a lawyer. She has to have a lawyer explained to her.
She'd better have you. You bet No, there's no special form,
(33:05):
but there needs to be a letter from a lawyer
saying she understands what she's doing. Where's she from, by
the way, sharam? Oh she's American, so okay, so English
is not a problem. Where are you from, by the way?
Speaker 2 (33:20):
Sharam for me? Ron okay. Yeah, but obviously obviously you've
been here for a very long time.
Speaker 4 (33:28):
Oh yeah, yeah, I didn't have fifty years.
Speaker 3 (33:29):
Fifty years, and you sound like you got off the
boat yesterday.
Speaker 4 (33:34):
Well there you go.
Speaker 2 (33:36):
No it never does, No, sure, no, it never does.
Speaker 3 (33:41):
My parents were here sixty years and they sounded like
they got off the boat yesterday till the day they died.
But anyway, if you're any get the quick claim from mom,
who is not even untitle but a beneficiary of the trust.
She has to okay it, and she has to and
you have to have a lawyer say she understands, because
she could come back.
Speaker 4 (34:03):
We can not take any stip.
Speaker 2 (34:05):
I wouldn't.
Speaker 3 (34:05):
I'll tell you why, because she could come back. Say
I don't understand, I didn't understand.
Speaker 4 (34:09):
Well, no, she's not going to come back.
Speaker 3 (34:12):
Well, then you're taking a risk. Well, I mean that's
up to you. But she could come back against the trustee.
She could come back against the trustee who actually signs
the quick claim saying I didn't understand you gave up.
Speaker 2 (34:24):
Assets of which I'm the beneficiary.
Speaker 3 (34:26):
That's why you have to have a lawyer saying she
understands that she is giving up this property. So I
mean that's important because whenever you're giving up something of
value through an estate, through a probate, through a trust,
you've got to you got to be covered.
Speaker 2 (34:45):
Mary. Hi, Mary, Hi, Yes, my question phil.
Speaker 13 (34:51):
Is I received a collection letter and it stems I
believe from two thousand and eight mortgage loan, when bad
mortgage loans were written. I believe it might be like
a residual balance. And I recently purchased a property and
(35:11):
I got a letter asking for a payment.
Speaker 4 (35:15):
Ooh yeah, two thousand and eight.
Speaker 2 (35:18):
Yeah, no, I understand. Hold on, did you send a payment?
Speaker 13 (35:23):
No?
Speaker 2 (35:24):
Good? I'm good, vice, Yes, oh, good for you for calling.
Speaker 3 (35:30):
First of all, the statute of limitation has long long runout,
and if you make eight if you make a payment,
that reinstates the contract.
Speaker 2 (35:44):
And that means and they'll you'll hear.
Speaker 3 (35:47):
Just make a good faith payment. Just give us one
hundred dollars. You know what, We'll do this. You know
you'll we'll bring it down to five hundred dollars. I mean,
they'll tell you just give us ten dollars a month
as good faith.
Speaker 13 (36:00):
Do not.
Speaker 3 (36:02):
You know, you are absolutely being scammed. I mean you
owe the money, but they can't collect it. Yeah.
Speaker 2 (36:10):
Yeah, how much do they want? How much do they want?
Speaker 13 (36:14):
It was fifty thousand.
Speaker 2 (36:15):
Yeah, I just say no, thank you.
Speaker 13 (36:18):
It wasn't on my credit report.
Speaker 11 (36:20):
I thought it was interesting.
Speaker 2 (36:21):
God help them.
Speaker 3 (36:22):
If they put it on your credit report from a
bill that was owed in two thousand and eight, that's
a big violation.
Speaker 2 (36:28):
They get nailed for that. That's when that's when you
sue them big time.
Speaker 13 (36:33):
Oh oh okay, so there can't be it's read on
lean on my property.
Speaker 2 (36:39):
No, you hope they let me put it this way.
You hope they lead your property.
Speaker 3 (36:46):
Because that's another lawsuit and a real good one.
Speaker 16 (36:50):
Oh.
Speaker 5 (36:50):
I'm so glad I called.
Speaker 2 (36:52):
Yep, yep, that's what you do.
Speaker 8 (36:54):
You will, all right.
Speaker 3 (36:55):
And by the way, if you do talk to them,
say two thousand and eight, you ever heard of the
Statute of limitation, and they're gonna lie. That's the other thing.
They're gonna lie. Oh, the statue doesn't apply here. It's
not true.
Speaker 2 (37:07):
This is an exception to the statue in California. I'm sorry,
what is it in four years? Four years?
Speaker 5 (37:15):
Oh my gosh, you're good?
Speaker 3 (37:17):
All right, all right, all right, let me tell you
a little bit about living in pain. Boy, you just
talk about living in pain. But if you live in
chronic pain, if you will live in the pain, that's
twenty four to seven. And I happen to live with
someone who suffers exactly. That happens to me and my wife.
So what she did is three years ago or two
(37:38):
years ago, started something called the Pain Game podcast, and
it's about helping herself, helping people who suffer from chronic pain,
or dealing with people who, let's say, treat chronic pain.
I mean, chronic pain can be very lonely and it's
just no fun. As I said, it's constant, and sometimes
(37:59):
it's really bad, and sometimes.
Speaker 2 (38:01):
It's really really bad.
Speaker 3 (38:03):
So let me suggest going to the Pain Game podcast,
and you can do this wherever you listen to podcasts.
It's someone who suffers from Chronic Pain who helps people
who suffer from chronic pain and trauma, and based on
the reports and the response, it really does help people.
So it's the Pain Game Podcast. You can listen to
(38:23):
it wherever you listen to podcasts, and every episode ends
with a message of hope.
Speaker 2 (38:27):
That's the good side of it.
Speaker 3 (38:28):
On social media, it's at the Pain Game Podcast. At
the Pain Game Podcast. Season three just started dropping The
Pain Game Podcast.
Speaker 2 (38:40):
This is Handle on the Law. You've been listening to
the Bill Handle Show.
Speaker 3 (38:44):
Catch my show Monday through Friday, six am to nine am,
and anytime on demand on the iHeartRadio app.
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