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August 2, 2025 • 40 mins
Handel on the Law. Marginal Legal Advice.
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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):
This is kay finey Bill Handle It here on a
Saturday morning up until eleven o'clock.

Speaker 1 (00:14):
Hour number two and the phone numbers eight hundred five
two zero one, five three four. We have lines open.
Today's kind of light.

Speaker 2 (00:22):
I mean, we do have lines coming in, so I'm
not going to be screaming at you and playing baby
Shark for you, at least not for the next little while.

Speaker 1 (00:29):
And let me see.

Speaker 2 (00:31):
Yeah, we've got some eight hundred five two zero one
five three four coming up at eleven o'clock. It will
be Rich tomorrow with a tech show, and I will
continue taking phone calls off the air so everybody has
a chance to get their questions answered. And I'll tell
you about that later on. And then this afternoon from
two to five, Neil Sevadra with a fork report.

Speaker 1 (00:51):
Neil, my buddy who.

Speaker 2 (00:53):
Is with me in the morning Monday through Friday, has
his own show on Saturday, which you will listen to,
hopefully at two o'clock this afternoon. Eight hundred and five
two zero one five three four. This is Handle on
the Law Marginal Legal Advice, where I tell you have

(01:16):
absolutely no case. Well, here is a case that is
just riveting the country, the politics of it, the sex,
the scandals, I mean, all of it. And this is
the Julane Maxwell case. Julane Maxwell being the procureur for
Jeffrey Epstein and getting those underage girls as well as

(01:38):
others that were of age into jeff Epstein's arms and
legs and other parts of his body. And she also
was accused of participating in them, setting up orgies, etc.
And she is accused of actually grooming young girls for
the purpose of engaging in sex with Epstein, and Epstein

(01:58):
within take them to his private eyeland and fly him
around in jets in the house in West Palm Beach,
and New York is very very wealthy guy. Anyway, he
had originally been convicted a bunch of years ago of
sex trafficking, got one year in prison. Boy, you talk
about a settlement, you talk about a sweetheart deal.

Speaker 1 (02:16):
One year in.

Speaker 2 (02:16):
Prison, which he did, and then he went out started
doing the same stuff. He was arrested again, and this
time he was going to spend a lifetime in jail,
so he killed himself in prison.

Speaker 1 (02:25):
And then of course there is.

Speaker 2 (02:27):
A conspiracy theorist theory he really didn't kill himself.

Speaker 1 (02:30):
Well, yeah, he did, all right.

Speaker 2 (02:31):
So Julane Maxwell, who was his buddy, she gets hit
with the sex trafficking because she did it also, and
so she gets twenty years in prison, and there is
a lawsuit she's trying to overturn the case and his
technical issue which he actually may have a shot at it,
and it has to do with the deal that Epstein

(02:54):
cut with the Feds, saying that when he testified in
a civil case couldn't be used against him in a
criminal case. It's a little technical and as complicated, but
she says she was included in that, so therefore all
of the evidence could not be used against her. So
therefore they have to toss the case out.

Speaker 1 (03:15):
All right.

Speaker 2 (03:15):
That's her position, and she's asked the Supreme Court to
look at it, and they very well might. Now the
other side, there's more to it than that, because this
thing is blown up. There is this list, this Epstein
list of which Trump and his MAGA base have been
screaming for years exists. And in that list are these

(03:37):
big players that were part and parcel of cooperating or
engaging in these sexual escapades with Jeff Epstein. We just
don't know the name the list and the names on it.

Speaker 1 (03:50):
And it was under the.

Speaker 2 (03:51):
Biden administration where this list theoretically was available or the
government had it and it wasn't being released deep state
secret and all of this is the hidden part of it,
and we don't know, all right. So now we have
the Trump administration coming in the Department of Justice, and

(04:12):
Pam Bondi, the Attorney General, says, yep, that list is
on my desk. Okay, Now everybody is frothing at the mouth.
Oooh the list is on her desk. And then as
this thing politically gets hotter, she says, oh, there is
no list. It really doesn't exist. What but you guys

(04:32):
were screaming. She was screaming about the list just a
couple of years ago, and now it doesn't exist. Well,
AMaGA base is going crazy. They're saying, hey, you know what, Basically,
you can lie to them, but you can't lie to us.
You can you can't expect us to be part of
this conspiracy theory which you had and we agreed with.

Speaker 1 (04:53):
And then you turn around and doesn't exist when you're
in power.

Speaker 2 (04:56):
No, So anyway, the Deputy Attorney General goes down and
interviews her for nine hours. We're talking about Jelaine Maxwell,
and we don't know what those questions were about. All
we do know is the latest spin is she has
been transferred to a minimum security prison from a medium
security prison without explanation. No one has any idea or

(05:21):
the government isn't telling us why.

Speaker 1 (05:24):
So this thing is just becoming.

Speaker 2 (05:26):
More and more convoluted by the moment, and we'll see
what happens. We'll see if the Supreme Court, as any say,
I think the Supreme Court is going to deny Sirciaria.

Speaker 1 (05:36):
I don't think they're going to hear it. My guess.

Speaker 2 (05:38):
I may be completely wrong on this, but I'm guessing
that's what's going to happen. This thing has such legs, unbelievable.
And who she is, Julaane Maxwell is another interesting one
because her dad.

Speaker 1 (05:52):
Was one of the great.

Speaker 2 (05:55):
Media barons of England who ended up passing his own
Ponds scheme and he committed suicide. And what he did
is he either jumped over his private yacht in middle
of the Atlantic or was pushed and no one knows.

Speaker 1 (06:12):
I mean, this story just keeps on going and going
and going all right.

Speaker 2 (06:15):
Talking about some phone calls now, Tammy, Hello, Tammy, welcome
to handle on the law.

Speaker 3 (06:21):
Hi, thank you Bill. I have been divorced since nineteen
ninety six, and in my divorce to Korea, I'm supposed
to collect alimony for life. In two thousand and four,
the last check I received from my ex bounced for
unsufficient funds three times, and I haven't received a dime since.

Speaker 4 (06:43):
I know.

Speaker 3 (06:44):
He does not make the kind of money that he
did at the time because he's no longer he was
disbarred and camp doesn't work. But he does own a house.
So I looked up on the deed and it looks
like he transferred it totally to his wife's name as

(07:05):
a sole owner. Is there any recourse I have to attend?

Speaker 5 (07:09):
Yeah?

Speaker 2 (07:09):
I well, let me ask me, why didn't you call
someone when they when that check bounced?

Speaker 3 (07:16):
Because my attorney at the time told me that child
support is prosecutable and alimony is not. That you cannot
You can't force or collect alimony. That was what they
told me at the time.

Speaker 1 (07:31):
Well, yeah, I mean you can.

Speaker 2 (07:32):
You have a contempt order and if he's able to pay,
then the court will issue contempt and you throw it there,
But you know they're.

Speaker 1 (07:40):
Not going to follow it up like child support.

Speaker 2 (07:43):
Out the fact that I transferred the property and there's
still an order, an alimony order in place, that's fraud, right, Yeah, when.

Speaker 1 (07:52):
Did he do that?

Speaker 3 (07:56):
He's been married to this third wife now for about
ten years.

Speaker 1 (08:00):
Doesn't matter. When did he transfer the property?

Speaker 3 (08:03):
That I'm not sure?

Speaker 1 (08:05):
Okay, okay, the deed will tell you the date right there.

Speaker 2 (08:10):
And if it turns out that while in order, if
he did this and transferred the deed to the wife,
that can be unraveled because you don't have a bona
fide purchaser there, and that can make all kinds of arguments. Uh,
they can unravel it, and you might very well get
a court order of forcing the sale of the house
because he owes you a ton of money.

Speaker 1 (08:29):
I mean, obviously a ton of money.

Speaker 2 (08:30):
What was he disbarred for, By the way, I always
love dispartment stuff.

Speaker 3 (08:36):
He took money out of the trust account.

Speaker 2 (08:39):
Oh, it's the normal, stealing money out of a trust account.

Speaker 1 (08:42):
Yeah, those will get so boring with lawyers. I mean,
every other lawyer does that. How much did he.

Speaker 3 (08:48):
Take five hundred thousands?

Speaker 2 (08:51):
Oh, that's good, that's a chunk that's worth it, that's
worth it in terms of either going for it and
certainly that'll do it. When you know, to get disbarred, Yeah, okay,
what kind of lot of you practice?

Speaker 3 (09:04):
Mostly criminal and divorce?

Speaker 1 (09:07):
Okay? Wow, all right, Well there's the answer.

Speaker 2 (09:11):
Lawyers being disbarred for criminality stealing money from a trust account.

Speaker 1 (09:16):
Boy, I've never heard of that ever. Ever.

Speaker 2 (09:19):
When I went to law school and we took an
ethics course, we had to take ethics courses were an
ethics course.

Speaker 1 (09:25):
That was required. By the way, here is a story.

Speaker 2 (09:29):
If you ever watched TMZ, the head of TMZ, you
see him on there all the time. Harvey Levin, he
created TMZ. He was my ethics professor. And if I
remember either day two or day the class number two
were class number three, I think Harvey stood there and
started a lecture with you can't embezzle money from your

(09:52):
trust account. I'm writing notes, Okay, you can't embezzle money
from your trust account? And I said a couple of
times you can abisal yeah, And then during the ethics exam,
the question was asked, can you embezzle money from the
trust account?

Speaker 1 (10:09):
See it's a It was multiple choice and they're right there.
I was, I knew it.

Speaker 2 (10:13):
The answer is no, you can't see. That's why I
passed the bar. Damn I'm good, aren't I?

Speaker 1 (10:19):
You bet you? This is Handle on.

Speaker 2 (10:22):
The Law, Hey, fye handle here on a Saturday morning.
Welcome back, Handle on the Law, Marginal Legal ad Vice.

Speaker 1 (10:32):
Hello Jackie, you're up. Welcome Hi.

Speaker 6 (10:37):
My fifteen year old daughter is on a club soccer
team and the coach recently got seven new players on
the team. I think, me think, just to fill the roster,
and their skill level is below where we want to be.

(10:57):
My daughter's been on the team. This will be the
third year. So my daughter wrote a note saying, you know, coach,
thanks for the last couple of years that I'm moving
on to what's better for me. And the coach wrote back,
that's unfortunate and went straight to money and.

Speaker 5 (11:13):
What what do you?

Speaker 1 (11:15):
Went straight to money? What does that mean?

Speaker 6 (11:18):
Started talking to her about how we have to pay
three thousand dollars where this season just hasn't even started,
we haven't played any games, we haven't yet, and and
we did, we did. Apparently the cutoff was July first,
and we told her this on July twenty seventh that
we were leaving. But since July first, she got seven

(11:40):
new players on the team, and I feel we did not.
I don't think we agreed to play with these seven players.
That happened after we started.

Speaker 1 (11:48):
So what is your question?

Speaker 6 (11:51):
Okay, So they're they're mate, they're holding her player's card.
They're not letting her move on to play anywhere else.

Speaker 2 (11:59):
What do you mean, how do they how do they
stop her from playing any place else? She leaves and
joins a club, you know, a club league, how do
they stop her from doing that?

Speaker 6 (12:09):
They until they want us to pay three thousand dollars.

Speaker 1 (12:12):
Okay, no, I understand that.

Speaker 2 (12:14):
Okay, they want but how do they physic what how
do they stop her from joining a club going to
someplace else.

Speaker 6 (12:20):
They won't release her player's card, so when a player
goes on the field, the referee has to see everyone's
players players.

Speaker 1 (12:27):
Okay, but if you're talking about it, okay, I'm confused.

Speaker 2 (12:31):
So she no longer plays for Oh this is this
is a private club?

Speaker 1 (12:35):
Correct?

Speaker 4 (12:36):
Correct?

Speaker 7 (12:36):
Correct?

Speaker 1 (12:37):
Okay, both of these are private clubs.

Speaker 2 (12:38):
So they want the three thousand dollars and your pat
and they we told you three weeks afterwards.

Speaker 1 (12:44):
Okay, you got a couple of choices here.

Speaker 2 (12:47):
By the way, the fact that you disagree with the
seven players just to fill the roster.

Speaker 1 (12:51):
It's not your call or your daughter's call. That's the
coach's call. You know.

Speaker 2 (12:55):
Now, what you're doing is second is second guessing the coach.
I'll tell you how to coach, coach those seven players
you shouldn't have brought in.

Speaker 1 (13:03):
They they are not good enough.

Speaker 2 (13:04):
Whatever you want to argue, Who's going to pay attention
to your opinion over there?

Speaker 1 (13:08):
Over the coaches, Jackie, nobody.

Speaker 2 (13:10):
Now the three thousand dollars and you can't play otherwise.

Speaker 1 (13:13):
That gets to be an interesting issue.

Speaker 2 (13:16):
So I'm assuming this is some kind of within some organization,
a national association or a California or a local association
of fifteen year old girl soccer players who have been
kicked out or something like that. Right there, there is
an organization.

Speaker 1 (13:33):
All right? Have you gone to the organization of appeal
this decision?

Speaker 6 (13:37):
Oh yeah, so it seems like the director is the
coach's dad.

Speaker 2 (13:41):
And yeah, okay, all right, now you've got a couple
of choices. Okay, now you got a couple of choices.
You cough up the three thousand bucks and then then
you turn around and sue them in small claims court
and that's going to put you in a real situation.
Or can you go to court and force them to
give up that card?

Speaker 1 (14:00):
Yeah? Probably? Are you going to win? Yeah? I would
think you would under these circumstances.

Speaker 2 (14:06):
Is it going to cost you thousands and thousands of dollars?

Speaker 1 (14:09):
You bet? Yeah, of course.

Speaker 2 (14:13):
You do absolutely have an avenue here, which I think
you have a very good argument.

Speaker 1 (14:19):
But someone's got to pay that lawyer to do it.

Speaker 6 (14:23):
That's the ple why they would want why we would play,
I mean pay and not play, and they know you
get on another club.

Speaker 1 (14:30):
Well, no, you're not paying and not playing.

Speaker 2 (14:32):
You're paying so you can play someplace else, right, Yeah,
that's the way you have to look at it.

Speaker 1 (14:38):
You're not paying to not play.

Speaker 2 (14:40):
You want to play, and they're basically extorting you and
saying we want three grand or you're not going to play.

Speaker 6 (14:48):
Right, but they know we will want to go somewhere
else and we're going to have to pay there.

Speaker 2 (14:53):
Also, unless you go to a different league, unless unless
you go to a totally different league. Okay, are there
different I'm assuming there are other sports clubs out.

Speaker 1 (15:02):
There, aren't there, Jockie, Yes, okay, that's yes, that's what
you do.

Speaker 2 (15:06):
Tell me, excuse me, tell them to go pound sand
What else are you going to do with that?

Speaker 1 (15:11):
David, Hello, David, welcome, Hi Bill.

Speaker 8 (15:15):
I think I have one you'll appreciate. I recently got
appointed as administrator of my parents' estate, and we found
out that my sister falsified on the state in February
of twenty two. She provided evidence supposedly of a court case,

(15:36):
but didn't provide a court number because it never went
to court, and she used that to change the title
to her name. Card Okay, all right, everything, and she
admitted in court when they appointed me administrator. But now
she's trying to squat I changed the locks, put a

(15:56):
lock on it. She's calling the cops on my brother,
who's the only tenant. Are still try to get him evicted.

Speaker 1 (16:03):
So, okay, the property is in her name.

Speaker 8 (16:07):
Now, yeah, we still haven't we know.

Speaker 1 (16:11):
You haven't gone.

Speaker 2 (16:12):
So she's got it, all right, And so she's trying
to get him evicted, and she is she still pretending
that she has control over all this, and she's still
the administrator all right, yes, all right, So what's your question?

Speaker 8 (16:27):
What can we do to you?

Speaker 2 (16:29):
Get a restraining order? You get a restraining order immediately.
You already have, you've already been named the administrator, and
she's off. Now what she's doing, she's already defrauded the estate.
Uh so now you need a court order just to
stop everything, to stop everything and then try to go
after criminally.

Speaker 1 (16:48):
I mean, she puzzled that money. She's she stole money
from the estate. It's not that complicated.

Speaker 8 (16:54):
Yeah, about one hundred thousand dollars bank accounts.

Speaker 2 (16:57):
So hopefully hopefully that's an for the cops to deal
with it.

Speaker 1 (17:01):
Hopefully.

Speaker 3 (17:02):
Yeah.

Speaker 8 (17:03):
Well, when we went to the cops and we talked
to them, they said, do you fear for your life
and my brain?

Speaker 1 (17:08):
It's one of the cops.

Speaker 2 (17:09):
Okay, So that that you know, what they're basically saying
is no, we're not going to touch it.

Speaker 1 (17:14):
So you have to go after her civilly.

Speaker 2 (17:16):
You have to file the lawsuit on behalf of the estate,
on behalf of the beneficiaries, and you'll get a judgment.

Speaker 1 (17:23):
You're gonna go after.

Speaker 2 (17:23):
You're gonna have to go after for everything she has,
and she'll probably based on based on this, she probably
won't be able to go bankrupt on it's it's going
to stay with her for the rest of her life.

Speaker 6 (17:34):
Yeah.

Speaker 8 (17:34):
But as far as the restraining order, if we if
he doesn't fear for his life, can he still get one.

Speaker 2 (17:40):
Yeah, no, no, no, it's not the restraining order. If
he fears for his life, it's not the restraining order.
It just stops any eviction. The restraining order just stops
an eviction. And now she can give them a three
day note to quit all day long and he just
ignores it. And then if she files an unlawful detainer
the restraining order is in place, she can't.

Speaker 8 (18:03):
Yeah, I mean we were able to stop that, but okay,
the judge said that everything would remain status quo. That
means brother would be the only tenant. And she tried
to move in, she changed the locks.

Speaker 2 (18:14):
And all right, so he doesn't, So he changes the
locks again. At that point he calls the cops. Yes,
I'm in danger of my life. She's trying to break
into my house. Then she has a couple of Then
he has a couple of choices. Yes, I'm fearful, fearful
for my life, or if he's very lucky. She tries
to do this in the middle of the night, and

(18:35):
he takes a shotgun and puts a whole in her
chest big enough to put.

Speaker 1 (18:39):
A watermelon through it.

Speaker 6 (18:42):
I like it.

Speaker 1 (18:43):
Yeah, there you go, all right.

Speaker 2 (18:46):
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(19:33):
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(19:57):
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Speaker 1 (20:04):
It's a free download of course.

Speaker 2 (20:06):
NetSuite dot com slash handle. This is Handle on the Law.

Speaker 1 (20:12):
You're listening to Bill Handle on demand from KFI AM
six forty KFI AM six forty. You handle here Saturday morning.

Speaker 2 (20:23):
Number is eight hundred and five to zero one five
three four And this is Handle.

Speaker 1 (20:31):
On the Law Marginal Legal Advice Scott. Welcome to Handle
on the Law.

Speaker 5 (20:39):
Hi.

Speaker 4 (20:39):
I bought a house in January of two thousand and three.
In October two thousand and three, I got married. My
wife moved into my house. In two thousand and eight,
the house burned down and we use insurance money from
the original house that I bought to rebuild a new house.
Now we're getting divorced. My wife's lawyer says we're trying

(21:01):
to split the value of the house in the divorce.
My wife lawyer says, I don't get any credit for
the original house I bought before we were married. I say,
I do. What do you think?

Speaker 2 (21:11):
Oh yeah, I mean not only do you do. I'm
going to argue that it's all yours. If you bought
the house, you came into the marriage with the house.
So unless you transferred the house into her name as
well as yours, if the house stayed in your name,
that's your house. And if it burns down and you

(21:32):
get money to repair the house, it doesn't make it
any less your house.

Speaker 1 (21:38):
Did you transfer the property, did you transfer.

Speaker 2 (21:40):
The name the the name of the house into her
name as well as yours?

Speaker 4 (21:46):
When the house burned down, the insurance when we got
yes with the house was put in both of our names.

Speaker 1 (21:51):
Okay, so got it all right?

Speaker 2 (21:53):
So they put it it's not a new house, it's
a replacement of the old house. I think that is
that that's I think legally you have to look at
it that way. And the argument is going to be
that because you transfer the house into both your names
and there is no agreement, I think that at that

(22:13):
point the lawyer is right because the law is going
to regard you transferring the house into her name as
a gift to the community. So whatever interest you had.
You you gave to the community, which I means, yeah,
she's probably gonna.

Speaker 4 (22:27):
Get half of it, so I don't get any credit
for the original amount and I paid for the house.

Speaker 2 (22:32):
Nope, it's considered a gift to the god. It's considered
a gift to the community. Okay, yeah, you gave the
community the house. There's no written agreement. Now, if there
was a written agreement between the two of you saying, hey,
you know, you're credited with putting you X number of dollars,
then there's no issue.

Speaker 1 (22:53):
But it doesn't exist that way.

Speaker 2 (22:54):
So you can't come back later and go, well, I
really didn't mean to give it to the community. What
I really what I want to do is hang on
to my own money, and therefore i'm credited. I don't
think it's going to work that way. I think you're
kind of screwed. How much is the houseworth? Houseworth?

Speaker 1 (23:09):
Now?

Speaker 4 (23:10):
Four and fifty?

Speaker 9 (23:13):
Oh?

Speaker 1 (23:13):
Okay, yeah, all right. How long were you married?

Speaker 4 (23:18):
Twenty three years?

Speaker 1 (23:21):
All right, yeah, all right.

Speaker 2 (23:25):
I was going to make some bad joke about that,
but I didn't. Elsie or Elise, Hello, Elise, welcome.

Speaker 10 (23:35):
Good morning, Thanks for taking my call. Yes, okay, my
question is this My ninety one year old mother has
a trust and her home is in the trust, and
there's four daughters. And what we want to do is
keep the cost basis the same, and so does she
when she passes away, and how to do that? And

(23:56):
there's one other caveat my daughter, her granddaughter has lived
there for three years, just so you know that with her.

Speaker 1 (24:04):
Okay, I don't think it's a caveat. So what's your question?

Speaker 10 (24:09):
How to keep the cost basis at her tax it would.

Speaker 2 (24:14):
Stay, it's the basis stays the same. I think it's
in her familial transfer. So when she dies, I you know,
I don't even know that when she when she dies,
and it's transfers into the name of the beneficiaries get
the property.

Speaker 1 (24:30):
You know, that's a tax question.

Speaker 2 (24:32):
I'll have to ask my tax Yeah, I have to ask.

Speaker 1 (24:35):
My accountant because that's what I do with tax questions. Paul, Hello, Paul, welcome.

Speaker 4 (24:43):
Hey Bill.

Speaker 11 (24:44):
Okay, this is going to start out sounding.

Speaker 5 (24:47):
Like it's asking for advice. I'm dating, and I just
trust me it's not.

Speaker 11 (24:51):
So.

Speaker 5 (24:52):
I'm seventy five, I live in Arizona. My girlfriend seventy
one lives.

Speaker 8 (24:57):
And wow, all this you think I know.

Speaker 2 (25:01):
Paul, sound hold on, Paul, hang on a minute. I
was just going to interrupt you. You sound great for
seventy five. Just want to let you know that usually, yeah, no,
you do. Usually it's high. I'm seventy five. Now you
sound like you're one hundred and five. Paul, you sound great. Okay,
so you're seventy five. Your girlfriend seventy one.

Speaker 5 (25:18):
Right, I live out of state. She lives in southern California. Okay, yes,
yes we do. Okay, But anyhow, so here's the problem.
We've been dating off and on for a year and
a half and now it's gotten to the point where
long distance dating is about to end, and we've talked
about my moving into her house. The problem that she

(25:42):
has with it is that she feels any outstanding deaths
that I have currently she's going to be liable for,
and any death that I incur in the future solely
on my behalf, that she will be liable for. And
I'm telling you these are totally separate circumstances. That's use
she said we can never get married because she would

(26:03):
lose a substantial amount of money.

Speaker 1 (26:05):
No, she wouldn't.

Speaker 2 (26:06):
No, she wouldn't, and you're gonna be responsible for your
own debts.

Speaker 1 (26:10):
And as long as she doesn't sign off.

Speaker 2 (26:13):
Actually, marriage means almost nothing in terms of the contractual
aspect of this. Let me ask something, Paul. You're I mean,
you're seventy five, she's seventy one.

Speaker 1 (26:23):
Why do you want to get married? You know, just
live together? I mean, big deal, you know now what really?
I mean, why why do you want to get married
at this point?

Speaker 7 (26:33):
You know what it's.

Speaker 5 (26:34):
This is gonna sound silly, but I'll go to the
gristing store and I'll see these older couples that actually
look seventy five and up, and they're holding hands and
they're doing this and that, and they have rings on it.
And I'm thinking, yeah, I want to be there to
do that. All right, so put it.

Speaker 1 (26:49):
Okay, here's here's the answer.

Speaker 9 (26:51):
Mary.

Speaker 2 (26:51):
Okay, how about this, Paul, Okay, hold.

Speaker 1 (26:54):
Hands and put a ring on and don't get married.

Speaker 11 (26:59):
And that's why I listened.

Speaker 1 (27:01):
Okay, thank you? All right? That is boy. How's that
for legal advice? That gets easy? All right?

Speaker 2 (27:07):
Tom, probably have a question that I have no idea
how to answer, but I'm going to put you up anyway.
What can I do for you? Hello, Tom, you're there.

Speaker 12 (27:17):
Yes, yeah, I've got a question for you. I want
to file a lawsuit against an LAPD officer.

Speaker 1 (27:23):
Okay, got pulled over.

Speaker 12 (27:25):
With my girlfriend on the car for supposedly my taglight
was out for the license plate light. So I give
the cop my license, insurance and registration. He noticed the
dash cam in on my dash and he says, sir,
it's okay if you record, I'm recording to Long story short.
He comes back to the car with my license and everything,

(27:48):
gives it back to me and he asked my wife
for her ID. My wife has her seat belt on.
By the way, she's not a criminal. There was no
criminal act going out in the car. And the officer
said to my wife, can I see your ID, ma'am?
And immediately I said, she doesn't have to show ID.
You're pulling me over. It's tickets for me. Can you

(28:12):
hear me?

Speaker 2 (28:13):
Oh yeah, I'm just shaking my head and going all right,
so tell me what happened.

Speaker 12 (28:18):
Okay, long story, Long story short. She kept refusing to ID.
She was filling them with her cell phone, and then
she told the cops said put your phone down, ma'am.
And step out of the car. So she's saying, why
don't I have to do that? And then she said
The cops says, well, if I tell you to get
out of the car, you got to get out of

(28:38):
the car. She said, I've been broken the law. What's
the problem? Long story short, He called for backup. A
couple more cops show up and they make her get
out of the car. Soon as she gets out of
the car, they say, put your hands behind your back, ma'am.
She drops her phone. It breaks her phone. Long story short.
They took her to jail for prayer to id so

(28:59):
I know a fourth amendment? Okay, if she didn't have
a seat belt on, there's a violation.

Speaker 1 (29:05):
But if okay, what's what's you want to take the
l A P. D Uh to court? How much money
do you want?

Speaker 12 (29:12):
Well, it's not so much about money.

Speaker 2 (29:14):
No, it is about money. That's what it's about. It's
about money because that's what you're gonna sue for. It's
all you can sue for it.

Speaker 12 (29:19):
Here's here, here's the problem. Even if we sue the officer,
he has qualified immunity.

Speaker 2 (29:25):
Correct, that's correct, because he was acting in good faith
or so he's going to argue. What so let's let's
go down to brass tax Tom. You can't argue. You
can't ask the judge to put the officer in jail
or to take away his ability to make a living.

Speaker 1 (29:38):
You can't say I want him was arrested, Okay.

Speaker 12 (29:41):
What do you want?

Speaker 10 (29:42):
Want?

Speaker 1 (29:43):
What do you want? Okay? And you think you're gonna get.

Speaker 12 (29:46):
It, Well, that's why we're trying to sue.

Speaker 1 (29:50):
It's well, go ahead. I'll tell you.

Speaker 2 (29:52):
No lawyer is going to take it unless you're willing
to pay, unless you're willing to pay lawyer's fees. And
if you're willing to pay, maybe a lawyer take it
on or not, or you get to play lawyer yourself.
And you know for you are you your constitutional rights?
Let me ask you a question. When they asked for
I D why don't just hand them the ID?

Speaker 1 (30:11):
Literally? Why don't just make it easy? Just here you go?
That's who I am?

Speaker 12 (30:14):
Any other questions, Here's here's why, because we have a right?
Is America?

Speaker 1 (30:20):
All right? Thank you?

Speaker 2 (30:22):
Yeah, yeah, I appreciate that. Good for you. I know
that's this show is way too practical. I'm way too
practical for that kind of noise. Okay, cop asks you
for I d okay, here's my idyo.

Speaker 1 (30:35):
Oh you don't have a right to hask for it?
Maybe not man, Maybe the cop is over overreaching. Is
the cop shooting you? Is a cop putting you to
the ground?

Speaker 2 (30:46):
Now?

Speaker 11 (30:46):
Are you?

Speaker 1 (30:46):
George Floyd? Is that what's going to happen? Give him
your ID?

Speaker 2 (30:50):
For God's sake, let me tell you what's going on
on October eleventh. October eleventh, we that's Neil savedra and
and I are inviting five people and their guests to
the Anaheim White House and we're going to put Zelman's
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Speaker 1 (31:09):
Zelmans.

Speaker 2 (31:09):
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Speaker 1 (31:13):
I mean, it's just magic stuff.

Speaker 2 (31:15):
And so we're gonna have a very special meal that's
going to be curated.

Speaker 1 (31:19):
Well, let me put it this way.

Speaker 2 (31:21):
The Anaheim White House does amazing food in Anaheim, and
we're going to have a garlic heavy meal. We're gonna
put Zelman's to the real test, garlic and onions and
show you how it works. So any order this month,
any order Zelman's, you will automatically be entered to win
to join us, and it's gonna be a lot of fun.
It's just going to be ten people and us and

(31:43):
we're gonna have dinner at the White House Restaurant the
special menu.

Speaker 1 (31:47):
We'll be able to test Zelmans.

Speaker 2 (31:49):
Go to Zelmans dot com promo code KFI and you'll
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Zelmans dot Com promo code KFI.

Speaker 1 (32:09):
This is Handle on the Law.

Speaker 2 (32:12):
And this is KFI Bill handle here Saturday morning, right
up until eleven o'clock phone number eight hundred five two
zero one five three four.

Speaker 1 (32:21):
We got through some calls pretty quickly.

Speaker 2 (32:23):
Here eight hundred and five to zero one five three four.
Welcome back, Handle on the Law, Marginal Legal Advice.

Speaker 1 (32:33):
Craig, Hello Craig.

Speaker 11 (32:36):
Yes, how you going, Bill? Yes, sir, I had two
big toe toenail cut and two sund and twenty one.
Okay on the right big toe half of the toenail
jail and it's very painful.

Speaker 2 (32:56):
So very what toe I'm sorry I missed that one
on the right toenail in the very toes. Yes, okay,
the big toes and the toenails, and half of them
will cut off, right, do I have that right?

Speaker 1 (33:08):
Okay?

Speaker 11 (33:09):
Yes, and so half of them it go back. Okay,
now there the big toe is very very brainful, and
I wonder this happened in twenty one. I wonder if
I can go to a hospital and have the big

(33:30):
toe empty teage it.

Speaker 2 (33:36):
So you're asking my medical opinion whether you can have
your big toe amputated.

Speaker 1 (33:42):
Let me ask you a question.

Speaker 2 (33:43):
You. I'm assuming you're on a cell phone, right, yeah, Okay.
Do you have WhatsApp or zoom or something where you
can show me the toe on the camera.

Speaker 11 (33:55):
Yeah, but I don't know how to do it.

Speaker 2 (33:57):
Yeah, because I've got to see the toe before I
can give you my medical opinion whether you you know,
have the toe amputator or not. You know, personally, I
would say yes to amputate your toe only because I
find toe amputations so incredibly entertaining. I mean, the whole
concept of the toe amputation is very strong for me.

(34:17):
So the answer is, Craig, you know, my legal advice is, I'm.

Speaker 1 (34:24):
Sorry, he get me put he put acid on your
he put who the doctor put acid on your toes.

Speaker 11 (34:35):
Yeah, he gave me a shot.

Speaker 2 (34:37):
Gave you a shot of acid. Yeah, the old shot
of acid on the toes trick. Yeah, don't know.

Speaker 11 (34:45):
The town wouldn't grow back.

Speaker 1 (34:47):
Ah yeah, okay, yeah half way back.

Speaker 2 (34:51):
No, I understand. So the acid didn't work. It worked halfway.
It was half acid, right right, half acid? Okay, So
he didn't do such your good job, Craig.

Speaker 1 (35:05):
Yeah. Uh, I'm gonna say, yeah, you know what, I think.

Speaker 2 (35:10):
You go to the doctor and say I talked to
Bill handle and upon his advice, Uh, I think you
ought to amputate my toe.

Speaker 1 (35:17):
I think that's going to work. I really do.

Speaker 12 (35:22):
Well.

Speaker 1 (35:23):
Patricia, Hello, Patricia, welcome.

Speaker 9 (35:26):
Hi.

Speaker 7 (35:27):
My sister has a Hi Bill, My sister has a
malpractice case filed against her. She isn't happy with how
her malpractice attorney is handling the case. Who does she
file a complaint with.

Speaker 1 (35:42):
As a complaint at all? At this point? What kind
of malpractice? What does she do that she's being sued?
I'll put her on no, okay, oh tell her? Why not?
All right? Being sued for what? That's okay?

Speaker 9 (35:54):
Uh, that's all right. I have a patient that is
a diabetic has purple roll in the rop he got
third degree burns on his feet from standing out on
his deck without shoes. He's been a diabet since he
was eighteen sixty seven, so he ended up getting an
infection in his fifth total.

Speaker 2 (36:12):
It doesn't matter. I'm just Patricia. It doesn't matter. All
I was, Oh, you're not Patricia, you're Patricia's sister.

Speaker 4 (36:18):
I'm not matter.

Speaker 1 (36:20):
It doesn't matter.

Speaker 2 (36:21):
You're being sued for malpractice, okay, and you're you're not
happy with your attorney that the insurance company is giving.

Speaker 1 (36:28):
You correct yet, Yeah, I why don't just ask for.

Speaker 2 (36:31):
Another attorney straight out? I'm not happy with the attorney.
I don't think the attorney's doing a good job. I
want another attorney, Okay, And that's it. And they're they're
not gonna they're not gonna argue with you. Believe me,
because if you can point out any kind of wrongdoing
or the suspicion of wrongdoing, they're gonna jump You'll you'll

(36:51):
get another attorney from the insurance company.

Speaker 9 (36:53):
If it makes sense. I had an attorney, they assigned
me one. She said, this is nothing, this is a
fervolous case. Will take care of it. I didn't here
for them from almost a year, and then when I
heard from them in a year, it was a new attorney.

Speaker 4 (37:04):
And that was all the time.

Speaker 1 (37:06):
Yeah, here's what ends up happening.

Speaker 2 (37:08):
This is these are insurance defense firms, your malepractice carrier.
What they do is they don't do their own cases.
They collect the insurance and what they do is, I
mean some stuff they do in house, but usually the
in house attorneys oversee the attorneys that are being contracted with.

Speaker 1 (37:26):
And so there are firms.

Speaker 2 (37:27):
That specialize in insurance defense.

Speaker 1 (37:31):
That's their that's their job.

Speaker 2 (37:33):
And so you have an insurance defense firm that a
year ago you had an attorney who either left or
got promoted, or got fired or ended up getting hit
by a truck whatever, and so they gave you another attorney.

Speaker 1 (37:49):
That happens all the time. I mean people leave jobs.

Speaker 9 (37:51):
Yeah, the old attorney is still there's she's an attorney.
They give me a so they they.

Speaker 2 (37:56):
Gave you a more junior attorney, or maybe because they
think the case is so flaky on the other side
that you don't need a senior partner. I mean that's
that they're the ones that handle it. They that insurance
company handles all of it for you.

Speaker 1 (38:09):
So yeah, just ask.

Speaker 3 (38:11):
For another term.

Speaker 9 (38:12):
They want me to settle, of course they do.

Speaker 2 (38:14):
But it's of course they want you to settle. Now
you can say no and force the trial, but you
know they own the case.

Speaker 1 (38:23):
It's not you because they're going to pay Patricia.

Speaker 2 (38:26):
So if you look at the agreement that you sign
with your E and O carrier, they can say we
can reasonably settle. And if you don't and you lose,
settle the damn thing unless you're arguing there was no
malpractice whatsoever. And you can't settle unless it was so arbitrary,

(38:48):
unless there's no chance that there was malpractice.

Speaker 1 (38:51):
And they're still going to argue for settling.

Speaker 2 (38:53):
But if there's no chance they're going to argue, they're
gotta give the guy five thousand dollars just to go away.

Speaker 12 (38:59):
Okay that's what I was.

Speaker 1 (39:00):
Okay, that's what's going to happen if there's no case. Yeah, okay,
what kind of doctor are you?

Speaker 9 (39:04):
By the way, I'm a nurse practitioner. I owned a
wo and I owned especially wound care clinic.

Speaker 1 (39:09):
With do you not do that anymore?

Speaker 4 (39:15):
Oh?

Speaker 9 (39:15):
I still do it. I still own the clinic.

Speaker 1 (39:16):
This is still good.

Speaker 9 (39:17):
Happened four years ago?

Speaker 1 (39:20):
Yeah, I know all the time.

Speaker 9 (39:21):
Okay, and no.

Speaker 2 (39:22):
That's fair, that's fair. No, I just want to know
if you're still owned the clinic or not. But that's
the way the life of insurance goes. Now, let me
talk about pain while we're talking medicine here. Uh, if
you happen to live in chronic pain, I mean, this
is twenty four to seven. You know what I'm talking about,
and it can be debilitating. I mean, it's no fun.
Or you live with someone who lives with chronic pain

(39:43):
like I do, or you're treating someone, or you know someone,
you know how much they're suffering, how much you're suffering.
So let me suggest listening to a podcast called The
Pain Game Podcast, because this is about living with dealing
with people in chronic pain, and man, this thing can work, wonders,

(40:03):
because there's a community out there of people that are
suffering the same way, and it's just you got to
know who those people are and you have to know
what they're doing. You have to know what the medicine
is about, what the latest about, because this is a
constant battle. So every episode of the Paining Game podcast
actually ends with a message of hope. There's hope at

(40:23):
the end of this and that's what the Pain Game
Podcast is all about. You can follow the Pain and
Game podcast at The Pain Game Podcast.

Speaker 1 (40:32):
Season three is going full blast right now. It's the
Pain Game Podcasts.

Speaker 2 (40:37):
Wherever podcasts are heard, the Pain Game Podcast.

Speaker 1 (40:42):
This is Handle on the Law. You've been listening to
the Bill Handle Show.

Speaker 2 (40:47):
Catch my show Monday through Friday, six am to nine am,
and anytime on demand on the iHeartRadio app.
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