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):
This is Handle on the Law marginal legal advice, where
I Bill Hand will tell you in certain name here
that you have absolutely no case.
Speaker 3 (00:18):
And I've been doing this for I don't even want
to tell you how long I've been doing this. Okay.
Speaker 2 (00:23):
There was a decision by a federal appeals court in
Chicago that left intact a district orders judge borrowing the
President from deploying National Guard troops in the city and
the state pending the outcome of the appeal. And the
outcome of the appeal is going to happen later on.
(00:43):
This was simply an emergency order, a local order saying
until we figured out whether it is legitimate or not,
we are going to stop the president from deploying National Guard.
And that was pursuing to a district judge's order. Okay,
that's Chicago. Now we go to the Ninth Court, Nice
(01:06):
Circuit Court of Appeals on the West coast here and there,
and this was in Oregon. The appeals court said the
president can invoke and ask for the deployment of National
Guard in order to shut down the demonstrations, arguing that
the demonstrations are in fact a rebellion against the United States.
(01:31):
If the president declares a rebellion, then he is allowed
to go in and arbitrary, not even well arbitrarily, I guess,
and simply nationalize the Guard and go ahead and have
them come in in addition to the local police force.
And of course Portland said, you know what, we're in
good shape. We don't have that much political opposition, which
we do is not rebellion.
Speaker 3 (01:55):
There have been some instances of.
Speaker 2 (01:58):
People getting let's just say, there was some instances of
people getting hurt and in opposition to the police as
the police were coming in.
Speaker 3 (02:09):
But that was small potatoes.
Speaker 2 (02:10):
They said, literally, it's within a couple of blocks, and
that's what happened. The vast, vast number of people that
were demonstrating had nothing to do with rebellion. Well, what
the appeals court on the Nice Circus said, it's the
president's order. He has the ability under law to declare
(02:31):
a rebellion. Even though the judge the lower court said
there is no he is not tethered to the facts.
Rebellion didn't happen, and the court said, effectively, appeals court said,
if the president says it's a rebellion. It's a rebellion,
and he could you could have two hundred people demonstrating
(02:56):
in front of the federal building and that can be
labeled a rebellion if the president wants it to be
labeled a rebellion, which of course gives him the opportunity
to bring in the National Guard, even from another state.
And Quell put down the rebellion in local law enforcement said,
you know, we can deal with this. The governor of
(03:18):
California said, we can deal with this. This is for
local law enforcement. And the President says, nope, this is
a rebellion against the United States, trying to overthrow the government.
And yeah, where do you go with that? Man, I
have no idea. All right, let's take some phone calls Greg. Hello, Greg,
welcome to handle on the law.
Speaker 4 (03:38):
Yes, thank you, Bill. I've kind of had a little
bit of a disaster with hiring a employment firm, and
of all things, they quote, we do not give you
a contract. It kind of scared me, but I was
incredibly desperate and one of my employees, the key guy,
(03:59):
and he said, you know, got to eat and he
quit and went down the road and just about devastating
my business. I've been doing this since nineteen seventy six.
Speaker 3 (04:07):
What kind of business is it?
Speaker 4 (04:08):
By the way, Greg a professional answerveror?
Speaker 3 (04:12):
Okay, you're a land surveyor? All right, fair enough.
Speaker 4 (04:14):
Yes, we've talked before, and you know it's great to
talk to you. Thank you.
Speaker 3 (04:18):
Yes. Correct.
Speaker 4 (04:20):
So we go down the line here and I paid
my first go round, which is about five hundred dollars
for X amount of time, and I've got to have
fully nothing, and in that period of time, I'm losing
almost two thousand dollars a day. And I had to
do something. I had nowhere to go, and I just well,
(04:41):
let's go to the next rout. Next route was about
forty five hundred dollars.
Speaker 3 (04:46):
And that's forty five hundred dollars for what.
Speaker 4 (04:49):
To search for an employee?
Speaker 2 (04:50):
Okay, So it's a search firm that you got hold of. Yes,
I'm sorkay right, all right, So you paid forty five
hundred dollars for search firm number two?
Speaker 3 (04:59):
Okay?
Speaker 4 (05:01):
Correct. So I waited and waited and waited, and like
I said, no contract, no proposal, no nothing. They said,
it's all on the internet. That's all you need to know.
We said, well, you know, I write proposals four or
five days a week, ve times a week. And you
know you have to if anybody in the profession has
(05:22):
to have a proposal, right, I mean, you know, you
go to a car dealership.
Speaker 3 (05:26):
Greg, We're taking a little bit too long.
Speaker 2 (05:28):
So okay, so you had number two forty five hundred bucks.
Speaker 4 (05:34):
Now what So over the period of time, you know,
every day I'd check my emails, there'd be somebody there.
More than likely they were from India, another one from
South Africa, another one from Japan, that another one from
South America. You know, what the hell are they doing? Well,
as I found out, all these guys do, they never
(05:54):
investigate a person calling in for a job perform.
Speaker 3 (05:58):
Right, So let me ask you that. So you paid,
So did you get any good candidates?
Speaker 4 (06:04):
Well, let's put it this way. I got one candidate
that I thought would be acceptable. So it was marginal,
very marginal. That again, being very desperate, I had to
do something. I'm losing a ton of money, and I
hired the guy. I just didn't hire him. I said, here,
here's a job. It was a paper job, doing some
(06:24):
boundary calculations and things like that. So I gave it
to him. I said, here, do this for me. He
lasted one day.
Speaker 3 (06:32):
Okay, so he quit, so he fired him? No, well
he quit, Okay, that's all right.
Speaker 2 (06:36):
So your question is how much money? Well, let me
ask you how much money out?
Speaker 4 (06:41):
Almost six thousand?
Speaker 3 (06:42):
All right. Where's the company located?
Speaker 4 (06:46):
I think it's in Arizona?
Speaker 3 (06:47):
All right, Well that's the problem company.
Speaker 4 (06:50):
Yeah, you probably don't want the name of it.
Speaker 2 (06:51):
Yeah, Greg, I don't care about the name of it.
You'd have to sue in small claims court.
Speaker 3 (06:54):
That's it.
Speaker 4 (06:56):
Well, they go to ten thousand and I'm looking for
you know, I've lost.
Speaker 3 (07:01):
They don't care about that. That's not a question of
how much.
Speaker 4 (07:04):
That doesn't matter.
Speaker 2 (07:07):
They're not respond Yeah great, They're not responsible for how
much money you lost. They're responsible for not producing candidates. Uh,
in the least one marginal candidate. That quit is a
breach of an implied contract. And that's what you have.
You have your six thousand dollars small claim suit for breach.
(07:27):
It's a verbal contract, but it's still a contract.
Speaker 3 (07:30):
You prove they're there.
Speaker 2 (07:32):
Yeah, and that's all you can do. I mean, it's tough.
If you can't find people, you can't find people. It's
not their fault. I mean, here, we tried, Okay, we breached.
We owe you the money you gave to us.
Speaker 3 (07:43):
Susan Hi, Susan.
Speaker 5 (07:46):
Oh, I was.
Speaker 6 (07:48):
I went to the hospital the er they treated me
and sent me home, and I told him I still
didn't feel good. Uh. Driving home, I passed out and
wiped out and at an electrical box in the street
light and rex my foot so bad. I've had five surgeries,
(08:08):
fractured to vertebrae and the air bag fractured my surtom.
I'm still off my feet. The insurance company has said
that I am completely not at fault.
Speaker 2 (08:19):
Okay, which insurance company, Susan, Yeah, I know, but that's
your insurance company.
Speaker 6 (08:26):
My insurance company.
Speaker 3 (08:28):
Okay, you're insurance said you're not at fault.
Speaker 2 (08:30):
That doesn't necessarily mean the other insurance company, h and
that is the insurance company for the medical group, because
they have insurance. The er has insurance. And they may say, nah,
you really it was more you and it really was
a medical malpractice. And I mean that's what they're going
(08:50):
to say, So you had some insane injuries and probably
you're not at fault. If they're going to go back
and find out what kind of medication they gave you,
especially when you said you're not feeling well. And if
that's on the record, hopefully there's a note being taken
on that that there are notes, because those are going
(09:11):
to be subpoened.
Speaker 3 (09:12):
So you want to know what to do at this point.
You want to know if you have a case. What's
your question all.
Speaker 6 (09:18):
Of the above? Do I have a case? And if so,
what kind of attorney do I get?
Speaker 2 (09:22):
Okay, you're going to get a medical malpractice attorney, I believe,
maybe a personal injury attorney, probably med mel and I'm
going to suggest you go to the website, go to
handle on the law dot com and you'll get an opinion.
Speaker 3 (09:36):
I love these guys.
Speaker 2 (09:36):
That's why I started handling the Law dot com because
I wanted lawyers who I trust that will tell people, no,
you don't have much of a case, No we're not
we're not going to take it. Because if they can't,
they refer to people that are very good. So go
to handle on the law dot com and at least
talk to them. You'll probably talk to Mark, a guy
who actually runs it, and he answers the phone call.
(10:00):
This is handle on the law welcome back handle on
the law bill handle here marginal legal advice.
Speaker 3 (10:08):
Sherry, Hello, Sherry.
Speaker 7 (10:11):
Hello, Yes, I am calling to ask the question. My
son was convicted of a sex crime when he was nineteen.
He had just her nineteen. The after he was convicted
and already incarcerated, the nurse from the hospital came to
us and said that the girl who made the allegation,
(10:36):
her description of the person did not match my son.
I mean totally didn't match. Different races.
Speaker 2 (10:42):
Okay, I got and by the way, how is your
son convicted?
Speaker 7 (10:45):
Then they never brought They never told this on the stand.
Speaker 2 (10:52):
Okay, did the authorities of know that this one one
was there? Did they use her testimony to convict your son?
Speaker 8 (11:00):
One?
Speaker 3 (11:01):
Yeah, And they.
Speaker 2 (11:03):
Never brought up a nurse who said, by the way,
her allegation is ridiculous because nothing matches.
Speaker 3 (11:12):
Correct. The witness said that it was your son that
did it correct.
Speaker 7 (11:16):
Oh no, no, no, what happened was I asked the nurse,
why didn't you say something before trial?
Speaker 3 (11:23):
Right?
Speaker 7 (11:25):
Or a trial? Why don't you say something?
Speaker 9 (11:28):
She said, I would never ask that question.
Speaker 3 (11:30):
She doesn't have to be asked that question.
Speaker 2 (11:32):
I know that's the problem if the investigators, If the
investigators don't go to that, it's up to the defense
to find those people.
Speaker 3 (11:40):
Uh, and that's the problem.
Speaker 2 (11:43):
Now, if the investigators, if they should have asked, and
it was and it was exculpatory information. Yeah, but if
it's just someone out of the blue.
Speaker 3 (11:52):
It depends on how far.
Speaker 2 (11:55):
It depends on how far the investigation went and the conviction.
Speaker 3 (11:59):
Well, you know X crime.
Speaker 2 (12:01):
You know, I don't know how far they go in
terms of you know, let's uh go ahead and question
this person, and then the next person, and then the
janitor and it goes on and on. So I don't
know how reasonable it was in terms of the investigation
to go to this nurse because I don't know how
connected she was.
Speaker 7 (12:19):
Well, the nurse actually testified on the stand.
Speaker 3 (12:23):
I asked you that, did she testify?
Speaker 10 (12:26):
Yes, I said yes, she did testify, okay, and.
Speaker 2 (12:30):
Then later on so she testified that it was your son.
Speaker 11 (12:35):
No, she did not.
Speaker 7 (12:36):
She didn't say anything about no.
Speaker 2 (12:38):
Oh, okay, so she okay, So she didn't volunteer or
they didn't ask her the proper questions. No, the defense
didn't ask her the proper questions exactly. Okay, Okay, So
what's your what's your question?
Speaker 7 (12:52):
Okay, so we didn't know that this girl had said
that the person was totally different, got it?
Speaker 2 (12:59):
That's under when did it happen? When did she come
when did she come forward? How much time after the.
Speaker 10 (13:04):
Conviction of probably three years?
Speaker 3 (13:09):
Okay?
Speaker 2 (13:10):
And uh so what do you want the prosecution to
do because she didn't come forward because she just didn't
volunteer it, she didn't offer.
Speaker 7 (13:21):
No, I know that, But what my question is, can't
she be civilly suit for.
Speaker 2 (13:27):
No, No, she can't, she can't. And what are the
and what are the damages? Your your son went to
prison for how long? Life?
Speaker 3 (13:36):
Wow?
Speaker 2 (13:37):
Oh so this was a serious, serious allegation of sex.
Speaker 7 (13:41):
Crist Wait and and wait a minute. And the medical
report said that you couldn't even tell she had even
had sex.
Speaker 3 (13:50):
Okay, so here's my question.
Speaker 2 (13:51):
So let me ask you this, why why are you
concentrating on that as supposed to reopening the case based
on new evidence?
Speaker 7 (13:58):
That's where you go, Well, we are, yes, I understand that.
Speaker 2 (14:02):
Okay, you can't you can't sue her. No, no, you
can't sue whenness is who re can't? You just can't
do it.
Speaker 4 (14:11):
Wow.
Speaker 2 (14:12):
Interesting Brian. Hi, Brian, welcome to handle on the law.
Speaker 5 (14:18):
Yes. Hey, I'm a farmer in southern Utah and a
developer has purchased the farm next to me and he's
put a fence up. That's a precast fence that's on
the It's got the big concrete slabs that sit on
the piers. And he's put that fence on one foot
on my property.
Speaker 3 (14:35):
Ah.
Speaker 5 (14:35):
And I still want a farm, and I'm afraid he's
willing to compensate me. He's no problem there from my foot.
But the way they've did it, they've done it. They
just put the peers right on the ground.
Speaker 3 (14:47):
And where else would they put the piers up in
the air well?
Speaker 5 (14:51):
Yeah, well I thought they put them in they get
down into the more of a footing, okay. They put
him right on the ground, all right, and then they
put the panels on top of them, okay, And they
pushed this dirt up against them. And I think, as
I continue to water, the fence is going to come
towards me, you know, towards the water.
Speaker 3 (15:09):
Yeah, but you don't know that, Brian. You can't say
anything until that actually happens.
Speaker 5 (15:14):
Well, my question is do I take his money for
my fit of property, or do I just keep how
it is so I can say, well, your fences on
my property.
Speaker 2 (15:21):
Wor okay, well let me ask you how big is
your property such that? Well, how much is a foot
affect your property?
Speaker 5 (15:32):
Almost nothing?
Speaker 3 (15:32):
Okay? So with almost nothing? What ends up happening?
Speaker 2 (15:35):
Uh? You starting I here's what I would do. Legally,
you obviously can accept compensation. Number two, you can say, hey,
you're on my property, mister developer. It's time for you
to move your fence, get your stuff off my property,
and I'd like you to do it now. Now here's
(15:56):
what I suggest. And this is a business decision. This
is me putting on my businessman hat. I've had several businesses,
as you know, throughout my life I've been a small businessman,
most of which have been spectacular failures.
Speaker 3 (16:11):
Brian. So let's just start with that. Okay. I would
negotiate and take some money for it.
Speaker 2 (16:19):
And if you can find out how much it's going
to cost him to move it, the more it costs
him to movement, the more money you're going to get.
Speaker 3 (16:28):
Brian. Okay, Yeah, let's say it costs.
Speaker 2 (16:33):
Him forty dollars to move it. You go, I'll tell
you what it's going to cost you forty grand to
move it. Give me twenty grand. You've just saved half
your money.
Speaker 5 (16:41):
That those are just psychothetical thing to do that I
just don't know. Later down the line, I really think
the fence is going to come towards me and because
of well, if.
Speaker 2 (16:49):
It does, Brian okay, hang on, if it does, then
you have a lawsuit.
Speaker 3 (16:56):
Now.
Speaker 2 (16:56):
The easiest way of take taking care of that one
part of the sales agreement. You have to obviously draft
this up and I would do it by a lawyer.
By the way, uh part and by the way, the
him going on your property, does he buy the property,
which means it has to be basically rezoned if you
will it has or do you just give him an
(17:17):
easement on the property, which is what I would do.
So in the sales agreement you say, if there is
the fence moves in the subway, damages your property, or
the fence does a B, C or D, then you
have to move it, or I'm entitled to more compensation,
or you have to repair it such that it doesn't
(17:38):
do that.
Speaker 3 (17:39):
You're holding the cards.
Speaker 2 (17:40):
Brian Okay, Yeah, you're I mean you've got you, You've
got the aces here.
Speaker 3 (17:46):
That's why they're offering you money. You're in good shape.
Speaker 5 (17:49):
Yeah, no, that that sounds good. There's homes already being built.
I mean he's already sold some of the laws.
Speaker 3 (17:54):
Oh yeah, he's got.
Speaker 2 (17:55):
He's got some issues. I think he can get some
money here. I think he gets some pretty good money. Uh,
and I would I would find out how much it
actually costs for him to move it.
Speaker 3 (18:04):
I get an independent.
Speaker 2 (18:05):
Uh you know, ow an independent contractor, someone who deals
with contra, someone deals with foundation's concrete piers, that sort
of thing.
Speaker 3 (18:15):
Oh, Nancy, Hello, Yes, okay.
Speaker 10 (18:22):
I had my trust written and the attorney said you're
on your own to have it signed and notarized, and
it ended up being printed on double sided paper.
Speaker 3 (18:34):
Mm hmm.
Speaker 10 (18:36):
When they found out, they said, well, I think it's legal.
So I just wanted to see what you thought.
Speaker 2 (18:42):
Yeah, of course it's legal. You can put a trust
on anything. He doesn't say it has to be on paper.
You can actually have it printed on a slice of wonderbread.
And if you get the uh, if you get the
notarization and the proper sigatures, you're fine. Yeah, you're fine.
Of course, it is completely legal. Are you a beneficiary, Nancy.
Speaker 10 (19:02):
Uh, well, I'm the trustee okay.
Speaker 2 (19:06):
And are you a beneficiary also, Well, I guess.
Speaker 3 (19:13):
I mean you get money. You look at the trust.
You're the trustee.
Speaker 2 (19:16):
When when the trust door, the person who wrote the
trust put the money in or put the assets in trust.
Speaker 10 (19:21):
I wrote the trust.
Speaker 2 (19:22):
Oh you wrote the trust. Okay, and it's it's fine.
How much money is in the trust?
Speaker 10 (19:30):
Well, it's my house, which is probably over a million okay,
any mortgage on it, he's about eighty thousand.
Speaker 2 (19:39):
Wow, Okay, so you got a million dollars there or
almost Okay. What else do you have going?
Speaker 10 (19:43):
Well, I wasn't sure. I haven't put Uh there is
an investment account with probably maybe one hundred.
Speaker 3 (19:53):
Okay, Well, it doesn't matter.
Speaker 2 (19:55):
The point the point I was just curious find out
how much money and whoever is going to be the
beneficiary is going to whether they're going to try to kill.
Speaker 3 (20:00):
You or not, depending on the amount of money that
you have.
Speaker 2 (20:04):
Yeah, the point is double sided. Trust is just fine.
You don't have to worry about that at all. It
is perfectly legal. This is handle on the law.
Speaker 1 (20:14):
You're listening to Bill Handle on Demand from KFI AM
six forty.
Speaker 2 (20:21):
Welcome back and Handle on the Law Marginal Legal Advice.
Speaker 3 (20:30):
Hannah. Hello, Hannah, welcome to Handle on the Law.
Speaker 12 (20:33):
Hi, thanks for taking my call. I appreciate your time.
A quick synopsis of what's going on here. I'm a
household organizer for mostly the bereaved, the elderly, and the
hoarders of that type of situation. I had a client
for quite a few years here. His name was Glenn.
I say was past tense. Constantly would be on his
butt saying, please get your will in order, please get
(20:55):
your things in orc. You could see his decline, and
this past March he went into hospice. I kept saying,
please sign stuff over to whoever is in your life.
It doesn't have to be met because I'm not a charlatan.
But he decided to basically give everyone his life the
middle finger, except for one friend. The one friend was
appointed the executor of his bank account, and.
Speaker 3 (21:17):
That is it.
Speaker 12 (21:18):
So upon passing, the friend now has to dig up
what bank he may be a part of and where
the money is. So after that, charger hunt was said
and done with the house sits vacants, the new cars
in the garage vacant, the assets within the house vacant.
And my fear is that the state of California is
going to put this into probate and the loss will.
Speaker 3 (21:38):
Be No, they're not going to know, Hannah, They're not
going to put it into probate. No, they're not. No.
Speaker 2 (21:44):
No, what's going to happen is if taxes are not
paid on the house. Uh, they'll come and grab it
for taxes, and after a fairly long time they'll I'll
be four clothes on for taxes.
Speaker 12 (21:55):
As far as I go ahead and put my hat
in the ring, then.
Speaker 3 (21:58):
That you can't handle. On what basis are you gonna
put your hat in the ring?
Speaker 4 (22:02):
You have?
Speaker 2 (22:02):
You're not? You're not related? You are? Why don't I
put my hat in the ring?
Speaker 4 (22:09):
Hannah?
Speaker 2 (22:10):
You could?
Speaker 3 (22:10):
You could?
Speaker 12 (22:11):
He has no survivor.
Speaker 2 (22:12):
No, no, Hannah, I can't because I don't have legal
standing like you don't have legal standing. So if he
has no immediate relatives, then they just start looking. They
then go if there's no children, are there any siblings
he has? If not, are there any cousins he has?
If not, are there any second cousins? He has Somewhere
(22:34):
down the line, they're going to find someone is going
to be related to him, the close to someone. It
doesn't matter if it's five generations down the road. They're
the ones that have standing. So in the meantime, it's
it just the I mean, the place may just rot
because there's no one there.
Speaker 3 (22:53):
H Now you can.
Speaker 2 (22:54):
Now you can go and try to find whoever and say, hey,
I think I have access to some money. If I
do find it for you, can I get a third?
Can I get whatever? That happens all the time, but
you get but you get to find out who that is.
Speaker 12 (23:11):
And I did, and the one cousin I did find,
the one surviving last standing relative add on in this
entire bloodline is in Japan. When I got ahold of
them and said here's the situation. Please fly over. There's
war memorabilia, there's guns, et cetera. They said, I want
nothing to do.
Speaker 3 (23:29):
Then what you do?
Speaker 2 (23:30):
Then what you do is you get that person to
sign over any rights to you.
Speaker 3 (23:34):
Okay, okay, talk to a lawyer.
Speaker 2 (23:37):
Yeah oh yeah yeah yeah yeah yeah yeah yeah.
Speaker 3 (23:40):
You go through.
Speaker 2 (23:40):
You go to a lawyer and says, whatever rights I have,
I give to you, and I think that's going to work,
and then you start opening up the probate and also
power of attorney. I mean there's I don't know how
it works because I've never heard of this happening, but
but the closest relative gets it all, and the closest
(24:04):
relative can make any kind of a deal. Here, she
wants with you, Okay, so try try that and if
you luck out, you luck out. It's basically a lottery
win more than anything else. But the takeaway here is
just because you've taken care of someone for the rest
of yours or his life, his or her life doesn't
mean jack, not as far as an inheritance goes. Hello Allison,
(24:28):
welcome to handle on the law.
Speaker 11 (24:32):
HI. In two thousand and seven, we purchased two parcels
from Ventura County that are conjoined. We weren't given the
option of only purchasing one.
Speaker 4 (24:43):
We live on one.
Speaker 11 (24:44):
The other is a discontinued road or a disused road
from a mobile home park, and there are easements on
it to prevent us building anything on it. But we
were told by the realtor we were allowed to park
vehicles on it. This was fifteen years ago.
Speaker 3 (25:02):
Wow.
Speaker 11 (25:02):
Now, the county is now telling us that we have
open storage and that's not allowed, and so we have
to move our vehicles off the property. While we were
discussing this with them, they decided that actually that this
used road was a fire exit from the mobile home park.
So now they want us to move everything off of
(25:24):
the lot. We've got four five vehicles on it, and
they want us to make it available to be used
as an emergency fire exit and so forth. Can they
My question is can they confiscate the usage of our
property because.
Speaker 3 (25:41):
It will be Yeah, they can't.
Speaker 11 (25:42):
It will be it will be totally unusable to us,
and they aren't offering to compensate x at all.
Speaker 2 (25:50):
Yeah, it's it, they can. There are a lot of
parameters here, their defenses. They've changed the terms. By the way,
the original easeman doesn't matter what your real estate agent said, Alison.
Speaker 3 (26:03):
Uh, it's what the Eastman says. And you had an agent.
Speaker 2 (26:09):
Who told you differently than what the Eastman actually says
in title under the title, then you have an agent
that basically screwed you.
Speaker 3 (26:18):
Your agent.
Speaker 11 (26:20):
Do we have any recourse?
Speaker 6 (26:22):
No?
Speaker 3 (26:22):
And what fifteen years ago.
Speaker 11 (26:26):
Well it only came up this year.
Speaker 3 (26:28):
It doesn't matter. It doesn't matter. Yeah, you're gonna you're
gonna have a tough time.
Speaker 2 (26:31):
I would at least talk to a land use lawyer
to see where you go because this is complicated stuff,
because this is not this is not eminent domain. They're
just telling you now, we're going to use this for
a fire road. H And it's yeah, there's a lot
of pieces here, Alison. And the answer is no, they can't.
Yes they can, Yes you can. No you can't. Uh,
(26:54):
it's it's this, it's not it's a land loose use
lawyer situation. It's not just you know, my neighbors putting
a wall up on my on my side of the property.
So it's land use attorney. That's where you're gonna have
to go and figure out where you start. My guess,
if I had to guess, the county can do it,
(27:14):
you'd be amazed the power that a county has. But
you know you can fight the county. I mean, there's
no question. People do it all the time. This is
handle on the law, Handle on the law. Marginal legal advice. Natalie, Hi, Natalie, welcome.
(27:34):
Hey there are you Natalie?
Speaker 3 (27:37):
Are you on a speakerphone?
Speaker 4 (27:39):
Oh?
Speaker 9 (27:40):
No, I'm there. We go on the earbud.
Speaker 3 (27:44):
Okay, let's yeah.
Speaker 9 (27:46):
I had my SOB, my nineteen ninety one SOB towed
to my mechanic of twenty years, over two years ago.
At the time, the car started.
Speaker 7 (27:59):
But it didn't drive.
Speaker 9 (28:01):
Friend of mine said, it's probably a censor. I waited, waited,
waited for diagnoses. I sent him five hundred dollars an
incentive and a money order to incentivize him to diagnose it,
and then put the balance towards the repair. I called
the email that called uh no word. Finally he responded,
(28:21):
he said, if it makes you feel better, I've had
a guy's car here for a year. He hired an attorney,
so I had my attorneys deal with him. So of
course I said, how's how am I supposed to feel better?
He never diagnosed it. To start this fighting, claiming he
spent a lot of time.
Speaker 2 (28:36):
On KA Natalie, let me stop you right there. First question,
I have two years. Of course you're calling me two years.
It's been sitting there, all right, So that's for starters. Now,
let me ask this how much you think it's going
to cost to repair it?
Speaker 3 (28:52):
Any idea?
Speaker 9 (28:54):
I don't think it's it can be at this point
because the parts are virtually obsolete. It's a ninety one sub.
Speaker 3 (29:02):
I don't know.
Speaker 2 (29:03):
I mean, could have been report repaired two years ago?
Speaker 9 (29:07):
Yes, absolutely so the.
Speaker 3 (29:09):
Past two years the parts have become obsolete.
Speaker 9 (29:13):
The very good chance, according to the other sub people.
Speaker 12 (29:15):
I've talked to.
Speaker 3 (29:16):
Okay, that's good news.
Speaker 2 (29:18):
So what would be the value of that car repaired
two years ago?
Speaker 3 (29:24):
Any idea?
Speaker 9 (29:26):
Well, I have no idea. However, my plan, at the
very least was to take advantage of the California buy
back program.
Speaker 4 (29:34):
What did I did?
Speaker 9 (29:35):
A p and O?
Speaker 3 (29:37):
What I did?
Speaker 9 (29:37):
I think that's the non driving YadA after the DMB.
What I didn't know is if you don't keep up
on the registration, you are not allowed to take part
in I know.
Speaker 3 (29:50):
I think, and by the way, nineteen ninety one.
Speaker 2 (29:52):
I don't know if that's eligible anyway, but you know,
because I know it's the buy back Lemon law plan,
I don't plan. I don't know how far that goes back.
So now we go back to assuming you're not eligible
for any of that because of the registration issuers too old.
Now we have an issue if you can establish that
two years ago the parts were available now they're not.
Speaker 3 (30:12):
Here's the proof, sab dealer.
Speaker 2 (30:15):
I went to them, a letter from them saying no
parts are no longer available. They were available two years ago,
but there are no parts available now. All right, So
now you got it. Two years you've had in the car.
You could have repaired it, didn't do it. What is
the value of the car two years ago? And you
get to ask sub dealers what is the value of
the car two years ago? Or you do your research,
(30:36):
and you do your research and go through Edmunds, go
through Kelly Bluebook if they still have it. And so
let's say it's twenty two hundred dollars. I'm just throwing
a figure out here. I have no idea or or
forty five hundred dollars.
Speaker 3 (30:50):
You sue for that?
Speaker 2 (30:51):
You sue in small claims court. And by the way,
he says, well, I'll have my lawyer handl it. You
can't in small claims court.
Speaker 4 (30:59):
Oh, good point.
Speaker 3 (30:59):
Yeah, you can't. You can't have a lawyer in small
claims court.
Speaker 2 (31:02):
Now, theoretically you can have a lawyer, and what the
lawyer does is immediately make a motion to kick it
up to superior court.
Speaker 3 (31:11):
That you can do and then have a lawyer.
Speaker 2 (31:13):
Lawyers are five hundred dollars an hour, Natalie, I know
minimum stick with no, no, no, no, I'm talking about
his side. Okay, I'm not talking about you getting a lawyer. No,
you're not going to do that. I'm just saying, referring
to his threat, I've had my lawyer handle it. Well,
let's say the car's worth forty two hundred dollars. I mean,
(31:34):
what's the nineteen ninety one car worth anyway, working or not,
if it's working in the parks, fixed, et cetera.
Speaker 3 (31:40):
How much can that be? You know?
Speaker 2 (31:42):
Four thousand bucks, five thousand dollars. So he's going to
pay a lawyer two thousand dollars to kick it up,
you know, or three thousand dollars. He's not sum a
small claimscorre. You have to do your research, Natalie. You've
got to find I.
Speaker 9 (31:56):
Never diagnosed it. I'm smarter diagnosed it.
Speaker 3 (31:58):
It doesn't matter, it doesn't.
Speaker 2 (31:59):
Matter, don't matter. You let him have it for two
years and he's never repaired. He diagnosed, didn't diagnose. The
point is, and here's the issue, and this is the
tough one. It could have been fixed two years ago.
The parts are no longer available that I don't know,
but you get to do the research on that. Yeah,
it's a little faky because you go, wow, parts are
available in junk yards. But that's not my problem, that's
(32:20):
your problem. Oh yes, mister Patience, I deal with that
all the time.
Speaker 3 (32:30):
Devin, welcome to handle on the law bill.
Speaker 8 (32:34):
Hey, I've got a rental property in La County. Got
a tenant who hasn't paid me in about a year,
exceeding about twenty five to thirty grand. Recently, we've had
a leak above our place from another property in the
in the building, and my unit has got some mold
(32:56):
and some you know, obviously some damage to mind play.
My tenant has now been displaced and he's living in
a three hundred and fifty dollars a night hotel that
he wants me to pay for.
Speaker 3 (33:10):
Right the what.
Speaker 8 (33:14):
I'm looking for is I'm looking to sell this place
as soon as I can get him evicted. Now, would
he have recourse if I refuse to pay?
Speaker 2 (33:24):
You know what? You know, I don't do landlord tenant law,
but I think that I don't.
Speaker 3 (33:31):
Know if I would pay.
Speaker 2 (33:33):
Okay, and you have to check with a landlord tenant
attorney to find that out. I don't know if I
would pay. First of all, three fifty is ridiculous because
you can get a an expensive hotel room for one
hundred hundred and fifty dollars. There's no reason for yeah,
three fifty. No court is going to go No court
is going to go, oh yeah, three fifty?
Speaker 3 (33:50):
Why not?
Speaker 2 (33:51):
So that's for starters. Second of all, he is out
of the house already. Then he gets that gets yeah,
that gets interesting. You definitely need a landlord tatant attorney
because I don't know does he have the right to
go back he owes your money?
Speaker 3 (34:05):
Have you evicted him already?
Speaker 4 (34:08):
No?
Speaker 2 (34:09):
Yeah, it's time for you to call a landlord tendant
attorney to find out what your rights are? Your rights
and I know for a fact he still owes you
the money, no doubt. Okay that the law says absolutely
he owes you the money, but you got to find
out where it sits with the mold and whether you're
(34:29):
forced to pay for his hotel stay while this is
going on. And then the argument is three point fifty
is ridiculous. So at this point I would tell him
to go pound sand and whatever he does in the end.
Speaker 3 (34:44):
I think there's an offset. I think that's what it is.
Speaker 2 (34:49):
And let's they separate the two and then he gets
his judgment and you have to get yours separately.
Speaker 3 (34:54):
I mean, it's a mess. It is just a god
awful mess, all right. I want to finish you up
with talking about your bad breath.
Speaker 2 (35:02):
I wake up in the morning and I have morning breath,
and happened this morning. So I go down and my
dogs come up there and they're all happy, and they
come up to me and they want to lick my face,
and as soon as they smell my breath, they actually
start shrieking and pulling back, and just I have nothing
to do with me. It's a breath issue because they
(35:22):
love me. And the same thing happens with my wife.
And the bottom line is I have morning breath, and
I have coffee breath, and I love garlic and onions,
and that causes all this smelly bad breath.
Speaker 3 (35:34):
And so let me.
Speaker 2 (35:35):
Suggest Zelman's minty mouth. So you notice I don't use
the word minty mouth mint, although there is a mint.
Part of it is these little capsules that are covered
with mint parsley seed oil inside. So you pop two
or three in your mouth, and then you suck on
the mint part and when that's done, you swallow her
bite into the capsules, and then the parsley seed goes
(35:58):
to work in your stomach. Why because where does all
this garlic and onion and coffee go.
Speaker 3 (36:03):
It goes into your stomach, and you.
Speaker 2 (36:06):
Know it smells in your stomach, and guess where it
comes out. Well, okay, let's talk about coming out of
your mouth. The other side of it is a whole
different conversation. So it comes out and you have this
bad breath that's caused by the food in your stomach.
Zelmans takes care of that. Now, no mint does that
(36:26):
both your mouth and your stomach. Zelman's. And you won't
find Zelmans at Trader Joe's. So you won't find Zelmans
at Walmart or Costco. Only at Zelmans dot com. That
Z E L M I N S. Zelmans dot com.
Zelmans dot com. This is Handle on the Law.
Speaker 3 (36:49):
You've been listening to the Bill Handle Show.
Speaker 2 (36:50):
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):
This is Handle on the Law marginal legal advice, where
I Bill Hand will tell you in certain name here
that you have absolutely no case.
Speaker 3 (00:18):
And I've been doing this for I don't even want
to tell you how long I've been doing this. Okay.
Speaker 2 (00:23):
There was a decision by a federal appeals court in
Chicago that left intact a district orders judge borrowing the
President from deploying National Guard troops in the city and
the state pending the outcome of the appeal. And the
outcome of the appeal is going to happen later on.
(00:43):
This was simply an emergency order, a local order saying
until we figured out whether it is legitimate or not,
we are going to stop the president from deploying National Guard.
And that was pursuing to a district judge's order. Okay,
that's Chicago. Now we go to the Ninth Court, Nice
(01:06):
Circuit Court of Appeals on the West coast here and there,
and this was in Oregon. The appeals court said the
president can invoke and ask for the deployment of National
Guard in order to shut down the demonstrations, arguing that
the demonstrations are in fact a rebellion against the United States.
(01:31):
If the president declares a rebellion, then he is allowed
to go in and arbitrary, not even well arbitrarily, I guess,
and simply nationalize the Guard and go ahead and have
them come in in addition to the local police force.
And of course Portland said, you know what, we're in
good shape. We don't have that much political opposition, which
we do is not rebellion.
Speaker 3 (01:55):
There have been some instances of.
Speaker 2 (01:58):
People getting let's just say, there was some instances of
people getting hurt and in opposition to the police as
the police were coming in.
Speaker 3 (02:09):
But that was small potatoes.
Speaker 2 (02:10):
They said, literally, it's within a couple of blocks, and
that's what happened. The vast, vast number of people that
were demonstrating had nothing to do with rebellion. Well, what
the appeals court on the Nice Circus said, it's the
president's order. He has the ability under law to declare
(02:31):
a rebellion. Even though the judge the lower court said
there is no he is not tethered to the facts.
Rebellion didn't happen, and the court said, effectively, appeals court said,
if the president says it's a rebellion. It's a rebellion,
and he could you could have two hundred people demonstrating
(02:56):
in front of the federal building and that can be
labeled a rebellion if the president wants it to be
labeled a rebellion, which of course gives him the opportunity
to bring in the National Guard, even from another state.
And Quell put down the rebellion in local law enforcement said,
you know, we can deal with this. The governor of
(03:18):
California said, we can deal with this. This is for
local law enforcement. And the President says, nope, this is
a rebellion against the United States, trying to overthrow the government.
And yeah, where do you go with that? Man, I
have no idea. All right, let's take some phone calls Greg. Hello, Greg,
welcome to handle on the law.
Speaker 4 (03:38):
Yes, thank you, Bill. I've kind of had a little
bit of a disaster with hiring a employment firm, and
of all things, they quote, we do not give you
a contract. It kind of scared me, but I was
incredibly desperate and one of my employees, the key guy,
(03:59):
and he said, you know, got to eat and he
quit and went down the road and just about devastating
my business. I've been doing this since nineteen seventy six.
Speaker 3 (04:07):
What kind of business is it?
Speaker 4 (04:08):
By the way, Greg a professional answerveror?
Speaker 3 (04:12):
Okay, you're a land surveyor? All right, fair enough.
Speaker 4 (04:14):
Yes, we've talked before, and you know it's great to
talk to you. Thank you.
Speaker 3 (04:18):
Yes. Correct.
Speaker 4 (04:20):
So we go down the line here and I paid
my first go round, which is about five hundred dollars
for X amount of time, and I've got to have
fully nothing, and in that period of time, I'm losing
almost two thousand dollars a day. And I had to
do something. I had nowhere to go, and I just well,
(04:41):
let's go to the next rout. Next route was about
forty five hundred dollars.
Speaker 3 (04:46):
And that's forty five hundred dollars for what.
Speaker 4 (04:49):
To search for an employee?
Speaker 2 (04:50):
Okay, So it's a search firm that you got hold of. Yes,
I'm sorkay right, all right, So you paid forty five
hundred dollars for search firm number two?
Speaker 3 (04:59):
Okay?
Speaker 4 (05:01):
Correct. So I waited and waited and waited, and like
I said, no contract, no proposal, no nothing. They said,
it's all on the internet. That's all you need to know.
We said, well, you know, I write proposals four or
five days a week, ve times a week. And you
know you have to if anybody in the profession has
(05:22):
to have a proposal, right, I mean, you know, you
go to a car dealership.
Speaker 3 (05:26):
Greg, We're taking a little bit too long.
Speaker 2 (05:28):
So okay, so you had number two forty five hundred bucks.
Speaker 4 (05:34):
Now what So over the period of time, you know,
every day I'd check my emails, there'd be somebody there.
More than likely they were from India, another one from
South Africa, another one from Japan, that another one from
South America. You know, what the hell are they doing? Well,
as I found out, all these guys do, they never
(05:54):
investigate a person calling in for a job perform.
Speaker 3 (05:58):
Right, So let me ask you that. So you paid,
So did you get any good candidates?
Speaker 4 (06:04):
Well, let's put it this way. I got one candidate
that I thought would be acceptable. So it was marginal,
very marginal. That again, being very desperate, I had to
do something. I'm losing a ton of money, and I
hired the guy. I just didn't hire him. I said, here,
here's a job. It was a paper job, doing some
(06:24):
boundary calculations and things like that. So I gave it
to him. I said, here, do this for me. He
lasted one day.
Speaker 3 (06:32):
Okay, so he quit, so he fired him? No, well
he quit, Okay, that's all right.
Speaker 2 (06:36):
So your question is how much money? Well, let me
ask you how much money out?
Speaker 4 (06:41):
Almost six thousand?
Speaker 3 (06:42):
All right. Where's the company located?
Speaker 4 (06:46):
I think it's in Arizona?
Speaker 3 (06:47):
All right, Well that's the problem company.
Speaker 4 (06:50):
Yeah, you probably don't want the name of it.
Speaker 2 (06:51):
Yeah, Greg, I don't care about the name of it.
You'd have to sue in small claims court.
Speaker 3 (06:54):
That's it.
Speaker 4 (06:56):
Well, they go to ten thousand and I'm looking for
you know, I've lost.
Speaker 3 (07:01):
They don't care about that. That's not a question of
how much.
Speaker 4 (07:04):
That doesn't matter.
Speaker 2 (07:07):
They're not respond Yeah great, They're not responsible for how
much money you lost. They're responsible for not producing candidates. Uh,
in the least one marginal candidate. That quit is a
breach of an implied contract. And that's what you have.
You have your six thousand dollars small claim suit for breach.
(07:27):
It's a verbal contract, but it's still a contract.
Speaker 3 (07:30):
You prove they're there.
Speaker 2 (07:32):
Yeah, and that's all you can do. I mean, it's tough.
If you can't find people, you can't find people. It's
not their fault. I mean, here, we tried, Okay, we breached.
We owe you the money you gave to us.
Speaker 3 (07:43):
Susan Hi, Susan.
Speaker 5 (07:46):
Oh, I was.
Speaker 6 (07:48):
I went to the hospital the er they treated me
and sent me home, and I told him I still
didn't feel good. Uh. Driving home, I passed out and
wiped out and at an electrical box in the street
light and rex my foot so bad. I've had five surgeries,
(08:08):
fractured to vertebrae and the air bag fractured my surtom.
I'm still off my feet. The insurance company has said
that I am completely not at fault.
Speaker 2 (08:19):
Okay, which insurance company, Susan, Yeah, I know, but that's
your insurance company.
Speaker 6 (08:26):
My insurance company.
Speaker 3 (08:28):
Okay, you're insurance said you're not at fault.
Speaker 2 (08:30):
That doesn't necessarily mean the other insurance company, h and
that is the insurance company for the medical group, because
they have insurance. The er has insurance. And they may say, nah,
you really it was more you and it really was
a medical malpractice. And I mean that's what they're going
(08:50):
to say, So you had some insane injuries and probably
you're not at fault. If they're going to go back
and find out what kind of medication they gave you,
especially when you said you're not feeling well. And if
that's on the record, hopefully there's a note being taken
on that that there are notes, because those are going
(09:11):
to be subpoened.
Speaker 3 (09:12):
So you want to know what to do at this point.
You want to know if you have a case. What's
your question all.
Speaker 6 (09:18):
Of the above? Do I have a case? And if so,
what kind of attorney do I get?
Speaker 2 (09:22):
Okay, you're going to get a medical malpractice attorney, I believe,
maybe a personal injury attorney, probably med mel and I'm
going to suggest you go to the website, go to
handle on the law dot com and you'll get an opinion.
Speaker 3 (09:36):
I love these guys.
Speaker 2 (09:36):
That's why I started handling the Law dot com because
I wanted lawyers who I trust that will tell people, no,
you don't have much of a case, No we're not
we're not going to take it. Because if they can't,
they refer to people that are very good. So go
to handle on the law dot com and at least
talk to them. You'll probably talk to Mark, a guy
who actually runs it, and he answers the phone call.
(10:00):
This is handle on the law welcome back handle on
the law bill handle here marginal legal advice.
Speaker 3 (10:08):
Sherry, Hello, Sherry.
Speaker 7 (10:11):
Hello, Yes, I am calling to ask the question. My
son was convicted of a sex crime when he was nineteen.
He had just her nineteen. The after he was convicted
and already incarcerated, the nurse from the hospital came to
us and said that the girl who made the allegation,
(10:36):
her description of the person did not match my son.
I mean totally didn't match. Different races.
Speaker 2 (10:42):
Okay, I got and by the way, how is your
son convicted?
Speaker 7 (10:45):
Then they never brought They never told this on the stand.
Speaker 2 (10:52):
Okay, did the authorities of know that this one one
was there? Did they use her testimony to convict your son?
Speaker 8 (11:00):
One?
Speaker 3 (11:01):
Yeah, And they.
Speaker 2 (11:03):
Never brought up a nurse who said, by the way,
her allegation is ridiculous because nothing matches.
Speaker 3 (11:12):
Correct. The witness said that it was your son that
did it correct.
Speaker 7 (11:16):
Oh no, no, no, what happened was I asked the nurse,
why didn't you say something before trial?
Speaker 3 (11:23):
Right?
Speaker 7 (11:25):
Or a trial? Why don't you say something?
Speaker 9 (11:28):
She said, I would never ask that question.
Speaker 3 (11:30):
She doesn't have to be asked that question.
Speaker 2 (11:32):
I know that's the problem if the investigators, If the
investigators don't go to that, it's up to the defense
to find those people.
Speaker 3 (11:40):
Uh, and that's the problem.
Speaker 2 (11:43):
Now, if the investigators, if they should have asked, and
it was and it was exculpatory information. Yeah, but if
it's just someone out of the blue.
Speaker 3 (11:52):
It depends on how far.
Speaker 2 (11:55):
It depends on how far the investigation went and the conviction.
Speaker 3 (11:59):
Well, you know X crime.
Speaker 2 (12:01):
You know, I don't know how far they go in
terms of you know, let's uh go ahead and question
this person, and then the next person, and then the
janitor and it goes on and on. So I don't
know how reasonable it was in terms of the investigation
to go to this nurse because I don't know how
connected she was.
Speaker 7 (12:19):
Well, the nurse actually testified on the stand.
Speaker 3 (12:23):
I asked you that, did she testify?
Speaker 10 (12:26):
Yes, I said yes, she did testify, okay, and.
Speaker 2 (12:30):
Then later on so she testified that it was your son.
Speaker 11 (12:35):
No, she did not.
Speaker 7 (12:36):
She didn't say anything about no.
Speaker 2 (12:38):
Oh, okay, so she okay, So she didn't volunteer or
they didn't ask her the proper questions. No, the defense
didn't ask her the proper questions exactly. Okay, Okay, So
what's your what's your question?
Speaker 7 (12:52):
Okay, so we didn't know that this girl had said
that the person was totally different, got it?
Speaker 2 (12:59):
That's under when did it happen? When did she come
when did she come forward? How much time after the.
Speaker 10 (13:04):
Conviction of probably three years?
Speaker 3 (13:09):
Okay?
Speaker 2 (13:10):
And uh so what do you want the prosecution to
do because she didn't come forward because she just didn't
volunteer it, she didn't offer.
Speaker 7 (13:21):
No, I know that, But what my question is, can't
she be civilly suit for.
Speaker 2 (13:27):
No, No, she can't, she can't. And what are the
and what are the damages? Your your son went to
prison for how long? Life?
Speaker 3 (13:36):
Wow?
Speaker 2 (13:37):
Oh so this was a serious, serious allegation of sex.
Speaker 7 (13:41):
Crist Wait and and wait a minute. And the medical
report said that you couldn't even tell she had even
had sex.
Speaker 3 (13:50):
Okay, so here's my question.
Speaker 2 (13:51):
So let me ask you this, why why are you
concentrating on that as supposed to reopening the case based
on new evidence?
Speaker 7 (13:58):
That's where you go, Well, we are, yes, I understand that.
Speaker 2 (14:02):
Okay, you can't you can't sue her. No, no, you
can't sue whenness is who re can't? You just can't
do it.
Speaker 4 (14:11):
Wow.
Speaker 2 (14:12):
Interesting Brian. Hi, Brian, welcome to handle on the law.
Speaker 5 (14:18):
Yes. Hey, I'm a farmer in southern Utah and a
developer has purchased the farm next to me and he's
put a fence up. That's a precast fence that's on
the It's got the big concrete slabs that sit on
the piers. And he's put that fence on one foot
on my property.
Speaker 3 (14:35):
Ah.
Speaker 5 (14:35):
And I still want a farm, and I'm afraid he's
willing to compensate me. He's no problem there from my foot.
But the way they've did it, they've done it. They
just put the peers right on the ground.
Speaker 3 (14:47):
And where else would they put the piers up in
the air well?
Speaker 5 (14:51):
Yeah, well I thought they put them in they get
down into the more of a footing, okay. They put
him right on the ground, all right, and then they
put the panels on top of them, okay, And they
pushed this dirt up against them. And I think, as
I continue to water, the fence is going to come
towards me, you know, towards the water.
Speaker 3 (15:09):
Yeah, but you don't know that, Brian. You can't say
anything until that actually happens.
Speaker 5 (15:14):
Well, my question is do I take his money for
my fit of property, or do I just keep how
it is so I can say, well, your fences on
my property.
Speaker 2 (15:21):
Wor okay, well let me ask you how big is
your property such that? Well, how much is a foot
affect your property?
Speaker 5 (15:32):
Almost nothing?
Speaker 3 (15:32):
Okay? So with almost nothing? What ends up happening?
Speaker 2 (15:35):
Uh? You starting I here's what I would do. Legally,
you obviously can accept compensation. Number two, you can say, hey,
you're on my property, mister developer. It's time for you
to move your fence, get your stuff off my property,
and I'd like you to do it now. Now here's
(15:56):
what I suggest. And this is a business decision. This
is me putting on my businessman hat. I've had several businesses,
as you know, throughout my life I've been a small businessman,
most of which have been spectacular failures.
Speaker 3 (16:11):
Brian. So let's just start with that. Okay. I would
negotiate and take some money for it.
Speaker 2 (16:19):
And if you can find out how much it's going
to cost him to move it, the more it costs
him to movement, the more money you're going to get.
Speaker 3 (16:28):
Brian. Okay, Yeah, let's say it costs.
Speaker 2 (16:33):
Him forty dollars to move it. You go, I'll tell
you what it's going to cost you forty grand to
move it. Give me twenty grand. You've just saved half
your money.
Speaker 5 (16:41):
That those are just psychothetical thing to do that I
just don't know. Later down the line, I really think
the fence is going to come towards me and because
of well, if.
Speaker 2 (16:49):
It does, Brian okay, hang on, if it does, then
you have a lawsuit.
Speaker 3 (16:56):
Now.
Speaker 2 (16:56):
The easiest way of take taking care of that one
part of the sales agreement. You have to obviously draft
this up and I would do it by a lawyer.
By the way, uh part and by the way, the
him going on your property, does he buy the property,
which means it has to be basically rezoned if you
will it has or do you just give him an
(17:17):
easement on the property, which is what I would do.
So in the sales agreement you say, if there is
the fence moves in the subway, damages your property, or
the fence does a B, C or D, then you
have to move it, or I'm entitled to more compensation,
or you have to repair it such that it doesn't
(17:38):
do that.
Speaker 3 (17:39):
You're holding the cards.
Speaker 2 (17:40):
Brian Okay, Yeah, you're I mean you've got you, You've
got the aces here.
Speaker 3 (17:46):
That's why they're offering you money. You're in good shape.
Speaker 5 (17:49):
Yeah, no, that that sounds good. There's homes already being built.
I mean he's already sold some of the laws.
Speaker 3 (17:54):
Oh yeah, he's got.
Speaker 2 (17:55):
He's got some issues. I think he can get some
money here. I think he gets some pretty good money. Uh,
and I would I would find out how much it
actually costs for him to move it.
Speaker 3 (18:04):
I get an independent.
Speaker 2 (18:05):
Uh you know, ow an independent contractor, someone who deals
with contra, someone deals with foundation's concrete piers, that sort
of thing.
Speaker 3 (18:15):
Oh, Nancy, Hello, Yes, okay.
Speaker 10 (18:22):
I had my trust written and the attorney said you're
on your own to have it signed and notarized, and
it ended up being printed on double sided paper.
Speaker 3 (18:34):
Mm hmm.
Speaker 10 (18:36):
When they found out, they said, well, I think it's legal.
So I just wanted to see what you thought.
Speaker 2 (18:42):
Yeah, of course it's legal. You can put a trust
on anything. He doesn't say it has to be on paper.
You can actually have it printed on a slice of wonderbread.
And if you get the uh, if you get the
notarization and the proper sigatures, you're fine. Yeah, you're fine.
Of course, it is completely legal. Are you a beneficiary, Nancy.
Speaker 10 (19:02):
Uh, well, I'm the trustee okay.
Speaker 2 (19:06):
And are you a beneficiary also, Well, I guess.
Speaker 3 (19:13):
I mean you get money. You look at the trust.
You're the trustee.
Speaker 2 (19:16):
When when the trust door, the person who wrote the
trust put the money in or put the assets in trust.
Speaker 10 (19:21):
I wrote the trust.
Speaker 2 (19:22):
Oh you wrote the trust. Okay, and it's it's fine.
How much money is in the trust?
Speaker 10 (19:30):
Well, it's my house, which is probably over a million okay,
any mortgage on it, he's about eighty thousand.
Speaker 2 (19:39):
Wow, Okay, so you got a million dollars there or
almost Okay. What else do you have going?
Speaker 10 (19:43):
Well, I wasn't sure. I haven't put Uh there is
an investment account with probably maybe one hundred.
Speaker 3 (19:53):
Okay, Well, it doesn't matter.
Speaker 2 (19:55):
The point the point I was just curious find out
how much money and whoever is going to be the
beneficiary is going to whether they're going to try to kill.
Speaker 3 (20:00):
You or not, depending on the amount of money that
you have.
Speaker 2 (20:04):
Yeah, the point is double sided. Trust is just fine.
You don't have to worry about that at all. It
is perfectly legal. This is handle on the law.
Speaker 1 (20:14):
You're listening to Bill Handle on Demand from KFI AM
six forty.
Speaker 2 (20:21):
Welcome back and Handle on the Law Marginal Legal Advice.
Speaker 3 (20:30):
Hannah. Hello, Hannah, welcome to Handle on the Law.
Speaker 12 (20:33):
Hi, thanks for taking my call. I appreciate your time.
A quick synopsis of what's going on here. I'm a
household organizer for mostly the bereaved, the elderly, and the
hoarders of that type of situation. I had a client
for quite a few years here. His name was Glenn.
I say was past tense. Constantly would be on his
butt saying, please get your will in order, please get
(20:55):
your things in orc. You could see his decline, and
this past March he went into hospice. I kept saying,
please sign stuff over to whoever is in your life.
It doesn't have to be met because I'm not a charlatan.
But he decided to basically give everyone his life the
middle finger, except for one friend. The one friend was
appointed the executor of his bank account, and.
Speaker 3 (21:17):
That is it.
Speaker 12 (21:18):
So upon passing, the friend now has to dig up
what bank he may be a part of and where
the money is. So after that, charger hunt was said
and done with the house sits vacants, the new cars
in the garage vacant, the assets within the house vacant.
And my fear is that the state of California is
going to put this into probate and the loss will.
Speaker 3 (21:38):
Be No, they're not going to know, Hannah, They're not
going to put it into probate. No, they're not. No.
Speaker 2 (21:44):
No, what's going to happen is if taxes are not
paid on the house. Uh, they'll come and grab it
for taxes, and after a fairly long time they'll I'll
be four clothes on for taxes.
Speaker 12 (21:55):
As far as I go ahead and put my hat
in the ring, then.
Speaker 3 (21:58):
That you can't handle. On what basis are you gonna
put your hat in the ring?
Speaker 4 (22:02):
You have?
Speaker 2 (22:02):
You're not? You're not related? You are? Why don't I
put my hat in the ring?
Speaker 4 (22:09):
Hannah?
Speaker 2 (22:10):
You could?
Speaker 3 (22:10):
You could?
Speaker 12 (22:11):
He has no survivor.
Speaker 2 (22:12):
No, no, Hannah, I can't because I don't have legal
standing like you don't have legal standing. So if he
has no immediate relatives, then they just start looking. They
then go if there's no children, are there any siblings
he has? If not, are there any cousins he has?
If not, are there any second cousins? He has Somewhere
(22:34):
down the line, they're going to find someone is going
to be related to him, the close to someone. It
doesn't matter if it's five generations down the road. They're
the ones that have standing. So in the meantime, it's
it just the I mean, the place may just rot
because there's no one there.
Speaker 3 (22:53):
H Now you can.
Speaker 2 (22:54):
Now you can go and try to find whoever and say, hey,
I think I have access to some money. If I
do find it for you, can I get a third?
Can I get whatever? That happens all the time, but
you get but you get to find out who that is.
Speaker 12 (23:11):
And I did, and the one cousin I did find,
the one surviving last standing relative add on in this
entire bloodline is in Japan. When I got ahold of
them and said here's the situation. Please fly over. There's
war memorabilia, there's guns, et cetera. They said, I want
nothing to do.
Speaker 3 (23:29):
Then what you do?
Speaker 2 (23:30):
Then what you do is you get that person to
sign over any rights to you.
Speaker 3 (23:34):
Okay, okay, talk to a lawyer.
Speaker 2 (23:37):
Yeah oh yeah yeah yeah yeah yeah yeah yeah.
Speaker 3 (23:40):
You go through.
Speaker 2 (23:40):
You go to a lawyer and says, whatever rights I have,
I give to you, and I think that's going to work,
and then you start opening up the probate and also
power of attorney. I mean there's I don't know how
it works because I've never heard of this happening, but
but the closest relative gets it all, and the closest
(24:04):
relative can make any kind of a deal. Here, she
wants with you, Okay, so try try that and if
you luck out, you luck out. It's basically a lottery
win more than anything else. But the takeaway here is
just because you've taken care of someone for the rest
of yours or his life, his or her life doesn't
mean jack, not as far as an inheritance goes. Hello Allison,
(24:28):
welcome to handle on the law.
Speaker 11 (24:32):
HI. In two thousand and seven, we purchased two parcels
from Ventura County that are conjoined. We weren't given the
option of only purchasing one.
Speaker 4 (24:43):
We live on one.
Speaker 11 (24:44):
The other is a discontinued road or a disused road
from a mobile home park, and there are easements on
it to prevent us building anything on it. But we
were told by the realtor we were allowed to park
vehicles on it. This was fifteen years ago.
Speaker 3 (25:02):
Wow.
Speaker 11 (25:02):
Now, the county is now telling us that we have
open storage and that's not allowed, and so we have
to move our vehicles off the property. While we were
discussing this with them, they decided that actually that this
used road was a fire exit from the mobile home park.
So now they want us to move everything off of
(25:24):
the lot. We've got four five vehicles on it, and
they want us to make it available to be used
as an emergency fire exit and so forth. Can they
My question is can they confiscate the usage of our
property because.
Speaker 3 (25:41):
It will be Yeah, they can't.
Speaker 11 (25:42):
It will be it will be totally unusable to us,
and they aren't offering to compensate x at all.
Speaker 2 (25:50):
Yeah, it's it, they can. There are a lot of
parameters here, their defenses. They've changed the terms. By the way,
the original easeman doesn't matter what your real estate agent said, Alison.
Speaker 3 (26:03):
Uh, it's what the Eastman says. And you had an agent.
Speaker 2 (26:09):
Who told you differently than what the Eastman actually says
in title under the title, then you have an agent
that basically screwed you.
Speaker 3 (26:18):
Your agent.
Speaker 11 (26:20):
Do we have any recourse?
Speaker 6 (26:22):
No?
Speaker 3 (26:22):
And what fifteen years ago.
Speaker 11 (26:26):
Well it only came up this year.
Speaker 3 (26:28):
It doesn't matter. It doesn't matter. Yeah, you're gonna you're
gonna have a tough time.
Speaker 2 (26:31):
I would at least talk to a land use lawyer
to see where you go because this is complicated stuff,
because this is not this is not eminent domain. They're
just telling you now, we're going to use this for
a fire road. H And it's yeah, there's a lot
of pieces here, Alison. And the answer is no, they can't.
Yes they can, Yes you can. No you can't. Uh,
(26:54):
it's it's this, it's not it's a land loose use
lawyer situation. It's not just you know, my neighbors putting
a wall up on my on my side of the property.
So it's land use attorney. That's where you're gonna have
to go and figure out where you start. My guess,
if I had to guess, the county can do it,
(27:14):
you'd be amazed the power that a county has. But
you know you can fight the county. I mean, there's
no question. People do it all the time. This is
handle on the law, Handle on the law. Marginal legal advice. Natalie, Hi, Natalie, welcome.
(27:34):
Hey there are you Natalie?
Speaker 3 (27:37):
Are you on a speakerphone?
Speaker 4 (27:39):
Oh?
Speaker 9 (27:40):
No, I'm there. We go on the earbud.
Speaker 3 (27:44):
Okay, let's yeah.
Speaker 9 (27:46):
I had my SOB, my nineteen ninety one SOB towed
to my mechanic of twenty years, over two years ago.
At the time, the car started.
Speaker 7 (27:59):
But it didn't drive.
Speaker 9 (28:01):
Friend of mine said, it's probably a censor. I waited, waited,
waited for diagnoses. I sent him five hundred dollars an
incentive and a money order to incentivize him to diagnose it,
and then put the balance towards the repair. I called
the email that called uh no word. Finally he responded,
(28:21):
he said, if it makes you feel better, I've had
a guy's car here for a year. He hired an attorney,
so I had my attorneys deal with him. So of
course I said, how's how am I supposed to feel better?
He never diagnosed it. To start this fighting, claiming he
spent a lot of time.
Speaker 2 (28:36):
On KA Natalie, let me stop you right there. First question,
I have two years. Of course you're calling me two years.
It's been sitting there, all right, So that's for starters. Now,
let me ask this how much you think it's going
to cost to repair it?
Speaker 3 (28:52):
Any idea?
Speaker 9 (28:54):
I don't think it's it can be at this point
because the parts are virtually obsolete. It's a ninety one sub.
Speaker 3 (29:02):
I don't know.
Speaker 2 (29:03):
I mean, could have been report repaired two years ago?
Speaker 9 (29:07):
Yes, absolutely so the.
Speaker 3 (29:09):
Past two years the parts have become obsolete.
Speaker 9 (29:13):
The very good chance, according to the other sub people.
Speaker 12 (29:15):
I've talked to.
Speaker 3 (29:16):
Okay, that's good news.
Speaker 2 (29:18):
So what would be the value of that car repaired
two years ago?
Speaker 3 (29:24):
Any idea?
Speaker 9 (29:26):
Well, I have no idea. However, my plan, at the
very least was to take advantage of the California buy
back program.
Speaker 4 (29:34):
What did I did?
Speaker 9 (29:35):
A p and O?
Speaker 3 (29:37):
What I did?
Speaker 9 (29:37):
I think that's the non driving YadA after the DMB.
What I didn't know is if you don't keep up
on the registration, you are not allowed to take part
in I know.
Speaker 3 (29:50):
I think, and by the way, nineteen ninety one.
Speaker 2 (29:52):
I don't know if that's eligible anyway, but you know,
because I know it's the buy back Lemon law plan,
I don't plan. I don't know how far that goes back.
So now we go back to assuming you're not eligible
for any of that because of the registration issuers too old.
Now we have an issue if you can establish that
two years ago the parts were available now they're not.
Speaker 3 (30:12):
Here's the proof, sab dealer.
Speaker 2 (30:15):
I went to them, a letter from them saying no
parts are no longer available. They were available two years ago,
but there are no parts available now. All right, So
now you got it. Two years you've had in the car.
You could have repaired it, didn't do it. What is
the value of the car two years ago? And you
get to ask sub dealers what is the value of
the car two years ago? Or you do your research,
(30:36):
and you do your research and go through Edmunds, go
through Kelly Bluebook if they still have it. And so
let's say it's twenty two hundred dollars. I'm just throwing
a figure out here. I have no idea or or
forty five hundred dollars.
Speaker 3 (30:50):
You sue for that?
Speaker 2 (30:51):
You sue in small claims court. And by the way,
he says, well, I'll have my lawyer handl it. You
can't in small claims court.
Speaker 4 (30:59):
Oh, good point.
Speaker 3 (30:59):
Yeah, you can't. You can't have a lawyer in small
claims court.
Speaker 2 (31:02):
Now, theoretically you can have a lawyer, and what the
lawyer does is immediately make a motion to kick it
up to superior court.
Speaker 3 (31:11):
That you can do and then have a lawyer.
Speaker 2 (31:13):
Lawyers are five hundred dollars an hour, Natalie, I know
minimum stick with no, no, no, no, I'm talking about
his side. Okay, I'm not talking about you getting a lawyer. No,
you're not going to do that. I'm just saying, referring
to his threat, I've had my lawyer handle it. Well,
let's say the car's worth forty two hundred dollars. I mean,
(31:34):
what's the nineteen ninety one car worth anyway, working or not,
if it's working in the parks, fixed, et cetera.
Speaker 3 (31:40):
How much can that be? You know?
Speaker 2 (31:42):
Four thousand bucks, five thousand dollars. So he's going to
pay a lawyer two thousand dollars to kick it up,
you know, or three thousand dollars. He's not sum a
small claimscorre. You have to do your research, Natalie. You've
got to find I.
Speaker 9 (31:56):
Never diagnosed it. I'm smarter diagnosed it.
Speaker 3 (31:58):
It doesn't matter, it doesn't.
Speaker 2 (31:59):
Matter, don't matter. You let him have it for two
years and he's never repaired. He diagnosed, didn't diagnose. The
point is, and here's the issue, and this is the
tough one. It could have been fixed two years ago.
The parts are no longer available that I don't know,
but you get to do the research on that. Yeah,
it's a little faky because you go, wow, parts are
available in junk yards. But that's not my problem, that's
(32:20):
your problem. Oh yes, mister Patience, I deal with that
all the time.
Speaker 3 (32:30):
Devin, welcome to handle on the law bill.
Speaker 8 (32:34):
Hey, I've got a rental property in La County. Got
a tenant who hasn't paid me in about a year,
exceeding about twenty five to thirty grand. Recently, we've had
a leak above our place from another property in the
in the building, and my unit has got some mold
(32:56):
and some you know, obviously some damage to mind play.
My tenant has now been displaced and he's living in
a three hundred and fifty dollars a night hotel that
he wants me to pay for.
Speaker 3 (33:10):
Right the what.
Speaker 8 (33:14):
I'm looking for is I'm looking to sell this place
as soon as I can get him evicted. Now, would
he have recourse if I refuse to pay?
Speaker 2 (33:24):
You know what? You know, I don't do landlord tenant law,
but I think that I don't.
Speaker 3 (33:31):
Know if I would pay.
Speaker 2 (33:33):
Okay, and you have to check with a landlord tenant
attorney to find that out. I don't know if I
would pay. First of all, three fifty is ridiculous because
you can get a an expensive hotel room for one
hundred hundred and fifty dollars. There's no reason for yeah,
three fifty. No court is going to go No court
is going to go, oh yeah, three fifty?
Speaker 3 (33:50):
Why not?
Speaker 2 (33:51):
So that's for starters. Second of all, he is out
of the house already. Then he gets that gets yeah,
that gets interesting. You definitely need a landlord tatant attorney
because I don't know does he have the right to
go back he owes your money?
Speaker 3 (34:05):
Have you evicted him already?
Speaker 4 (34:08):
No?
Speaker 2 (34:09):
Yeah, it's time for you to call a landlord tendant
attorney to find out what your rights are? Your rights
and I know for a fact he still owes you
the money, no doubt. Okay that the law says absolutely
he owes you the money, but you got to find
out where it sits with the mold and whether you're
(34:29):
forced to pay for his hotel stay while this is
going on. And then the argument is three point fifty
is ridiculous. So at this point I would tell him
to go pound sand and whatever he does in the end.
Speaker 3 (34:44):
I think there's an offset. I think that's what it is.
Speaker 2 (34:49):
And let's they separate the two and then he gets
his judgment and you have to get yours separately.
Speaker 3 (34:54):
I mean, it's a mess. It is just a god
awful mess, all right. I want to finish you up
with talking about your bad breath.
Speaker 2 (35:02):
I wake up in the morning and I have morning breath,
and happened this morning. So I go down and my
dogs come up there and they're all happy, and they
come up to me and they want to lick my face,
and as soon as they smell my breath, they actually
start shrieking and pulling back, and just I have nothing
to do with me. It's a breath issue because they
(35:22):
love me. And the same thing happens with my wife.
And the bottom line is I have morning breath, and
I have coffee breath, and I love garlic and onions,
and that causes all this smelly bad breath.
Speaker 3 (35:34):
And so let me.
Speaker 2 (35:35):
Suggest Zelman's minty mouth. So you notice I don't use
the word minty mouth mint, although there is a mint.
Part of it is these little capsules that are covered
with mint parsley seed oil inside. So you pop two
or three in your mouth, and then you suck on
the mint part and when that's done, you swallow her
bite into the capsules, and then the parsley seed goes
(35:58):
to work in your stomach. Why because where does all
this garlic and onion and coffee go.
Speaker 3 (36:03):
It goes into your stomach, and you.
Speaker 2 (36:06):
Know it smells in your stomach, and guess where it
comes out. Well, okay, let's talk about coming out of
your mouth. The other side of it is a whole
different conversation. So it comes out and you have this
bad breath that's caused by the food in your stomach.
Zelmans takes care of that. Now, no mint does that
(36:26):
both your mouth and your stomach. Zelman's. And you won't
find Zelmans at Trader Joe's. So you won't find Zelmans
at Walmart or Costco. Only at Zelmans dot com. That
Z E L M I N S. Zelmans dot com.
Zelmans dot com. This is Handle on the Law.
Speaker 3 (36:49):
You've been listening to the Bill Handle Show.
Speaker 2 (36:50):
Catch My Show Monday through Friday, six am to nine am,
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