July 18, 2026 • 35 mins
Handel on the Law. Marginal Legal Advice.
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Speaker 1 (00:00):
You're listenings k I AM six forty the Bill Handles
show on demand on the iHeartRadio.
Speaker 2 (00:06):
F KFI AM six forty.
Speaker 3 (00:11):
Jill Handle here Saturday, this is our number two of
the Legal Show. And coming up at eleven o'clock right
after I lock out and say goodbye Rich to Murrow
with the Tech Show. And then at two o'clock this afternoon,
Neil Savedra with the Fork Report. His foodiness. He's just
(00:31):
really good on all things food. Is with me Monday
through Friday, and we do segments on food and it's
always Neil. We do have lines open because we're starting
another hour and it's well, you call right in and
you're gonna get in very quickly. Obviously, eight hundred five
two zero one five three four is the number to call.
Eight hundred five two zero one five three four, And
(00:54):
the normal rules apply. If you are unintelligible, generally you
go to the top. If you are some kind of ethnicity,
the more obscure, the better you go to the top.
If you have some kind of special needs, no arms,
no legs puts you to the top, especially if someone's
at fault, any combination of those, that's great. You definitely
(01:17):
go to the top. Eight hundred five two zero one
five three four is the number to call. Eight hundred
five two zero one five three four as I answer
all questions because my vast knowledge now it's not deep,
but it is very broad. Sort of a lot of
ripples in there too. And that's what I've been doing
(01:39):
this for so long. And I'm still wrong many many times,
which I probably will be in your case. Eight hundred
five two zero one five three four. This is handle
on the law, marginal legal advice, or I tell you
have absolutely no case. Now, this whole issue of AI,
(02:02):
of course, has just turned everything around, took our financial system,
put it's on its head, not necessarily in a negative
or positive way. It's sort of just an is and
it's going to do well. It's going to make business
very different to deal with. My daughter, for example, is
working on her master's degree in computer engineering because there's
(02:24):
no chance of her having gotten into what she wants
to do with an undergrad degree. I mean, and so
she's baking. She's at a bakery, and she loves cooking,
but that's what she's doing basically with a master's degree. Congratulations,
And so it's just changing everything. The other thing that
AI is dealing with and causing is that you need
(02:47):
massive amounts of energy to power these data centers. And
you need massive data centers to do this, I mean
acres of stuff that suck up so much water and
so much energy.
Speaker 2 (03:04):
That is the bad part of AI.
Speaker 3 (03:08):
And so there are jurisdictions who are saying don't want them.
Now a lot of towns and villages and counties do
want these because they generate a lot of taxes, and
they are saying come on a board. And then a
lot of them do not. New York became the first
state to halt construction of large new data center, imposing
(03:31):
a one year more toorium. Let's figure out what's going
on here before we allow any more of these data
centers to be built in our state. Why, because you
have power costs that are through the roof, water supplies
that are through the roof. Local communities are being burdened
(03:53):
because they have to build around them, build roads, etc.
Up to these huge, huge data centers. So we're looking
at one of the aspects of AI. As I told you,
it's changing everything. I mean everything. So we'll see by
the way the construction ban is only going to apply
(04:15):
to data centers that use fifty megawatts or more of power,
according to the Governor's office. Now, I have no idea
how big fifty megawatts of power is. Is that I
always read this stuff it's enough to power five hundred
thousand homes, or fifty thousand homes for a year, or
three billion homes for a year. I've never understood that,
(04:38):
but I would guess that that is a whole lot
of power. So under that it's I guess they can
build them. But then again, do they make any sense
to be built under fifty megawatts? And that's part of
the formula's being used. The number eight hundred five two
zero one five three four eight hundred five twos. They
(05:00):
are one five three four, all right, some phone calls here, Tricia, Hi, Tricia, welcome.
Speaker 4 (05:08):
Hi, Bill, Thank you for taking my call. Yes, ma'am,
I have a question about tenants rights. I live on
a property that has nine bungalows. Our old owner passed
away the end of February beginning of March. We have
new ownership. They closed on June twelfth. We have not
(05:32):
had any notice of new ownership. Serve to us whatsoever
they have come on the property on June eleventh asking
to speak to Well, they wanted to speak to me
because I paid my rent in advance and they wanted
(05:53):
to return my rent. I refused. Then they without twenty
four hours notice. On Wednesday of this week, they showed
up to come on the property to quote have a
meet and greet. They wanted us all to sign a
blank piece of paper with our names and our phone
(06:13):
numbers because they wanted updated information. We all, well, all
of us, except to decline to do that because I
feel like they're trying to trap us into all.
Speaker 3 (06:28):
Right, let me ask you real quickly. A blank piece
of paper and they said information. They didn't say specifically
as to what and how. It's just a blank piece
of paper with your signature on it. Is what they wanted?
Speaker 2 (06:42):
Correct?
Speaker 4 (06:43):
Yes, they wanted our names and our email addresses.
Speaker 2 (06:46):
Yeah, that's fine.
Speaker 3 (06:47):
I mean they can ask for that, but signing beyond
that a blank piece of paper, if it's only we
want your mail, we want your address.
Speaker 2 (06:58):
That's fine. They're allowed to do that.
Speaker 3 (06:59):
And then you put a sick church line right under
that those requests and you sign that and you date it,
and that's all they're allowed to get.
Speaker 2 (07:05):
That's, you know, legally, they're a title to that.
Speaker 3 (07:08):
I mean, the rest of it they're not entitled to
especially well they are if you agree, But good for
you for not signing it. Now, when you said they
went on the property, they went on to common ground.
Do they go specifically on your property? Do you own
the land that you are on?
Speaker 4 (07:25):
No, we don't. But they have not provided us with
proof of new ownership.
Speaker 3 (07:30):
Okay, that's fair, that's fair. That doesn't mean that doesn't
mean you still don't owe the money. You do they,
but they do have to provide you with a proof
of ownership because anybody could come in. I could come
in and say I'm the new owner, write me a check.
So yeah, it's legitimate for you to say no, I
need proof. Now, that doesn't mean you don't owe the money,
(07:52):
so put the money away, correct.
Speaker 2 (07:53):
Okay, So what's your question.
Speaker 4 (07:55):
Everybody's pay. Everybody's paid their rent on time, all right,
So what's your question? Pay they are during the meeting?
Speaker 2 (08:04):
He said?
Speaker 4 (08:05):
Okay, Well, if you refuse to refuse to sign, we
will just send everybody thirty day notices.
Speaker 2 (08:12):
All right, let them try here, where are you located? Right,
where are you located?
Speaker 4 (08:16):
Located in Long Beach and.
Speaker 3 (08:19):
Where I don't know if Long Beach has rank control,
probably doesn't.
Speaker 2 (08:22):
But yeah, if they evict you will give you a
thirty day notice.
Speaker 3 (08:26):
Your defense is going to be if you don't sign
a blank piece of paper, we're going to evict you.
That is a bad eviction. And if they go forward
with that, you have them for wrongfull eviction, maybe even
retaliatory eviction. Yeah. I mean, you're in pretty good shape.
And if it turns out they do file give you
(08:47):
a thirty day notice, you can ignore it or let
them know by email. We have no intention of leaving
because first of all, we don't know you're the owner.
Second of all, you're asking. It's extortion. Either you sign
a blank piece of paper that we can do anything with,
or we're evicting you. That's that's a court battle. Yeah,
both all of you hire one lawyer and you go
(09:08):
after them.
Speaker 2 (09:09):
You're going to be fine on that, Okay, Yeah.
Speaker 5 (09:12):
But just.
Speaker 4 (09:14):
Sorry, we're also part of the historical district.
Speaker 2 (09:17):
I don't think that.
Speaker 3 (09:18):
I don't think that matters because they're not going to remodel,
they're not going to tear it apart. This is simply
a red terror's situation, and being part of the historical
part is in your issue. It's with the city and
the new owners. Have you noticed, though this particularly this
last hour, how many questions or how many advertisers are
(09:38):
personal injury lawyers? I mean we get lawyer after lawyer
advertising on this show. Which makes sense? And which ones
do you go to? I mean, do you know which
ones are good? Which ones aren't? Some are excellent, some eh,
not so good. Which is why I created Handle on
the Law dot Com because these lawyers are excellent, They've
been vetted. I make the phone call if there's a problem,
(10:00):
and they're there to represent you. No money up front,
as is the case, they get a percentage of what
the settlement is. So visit Handle on the Law dot Com.
Call eight eight eight eight eight eight eight six six
eight Handle on the Law dot Com. This is Handle
on the Law.
Speaker 6 (10:17):
You're listening to Bill Handle on demand from kf I
am six forty.
Speaker 2 (10:23):
Handle here on Saturday morning.
Speaker 3 (10:26):
The number for a legal question which I will give
you a legal answer to is eight hundred five two
zero one five three four eight hundred five two zero
one five three four and about fifty fifty percent of
the time. We're so full you can't even get in
the lines. All read busy, but we do have the
(10:47):
lines open. So jump in eight hundred five two zero
one five three four and welcome back. Handle on the
law Marginal Legal Advice Martin. Hey Martin, you're right.
Speaker 5 (11:00):
Good morning, Bill.
Speaker 7 (11:01):
Yeah, my Monday four year old mother is basically bedridden.
She's had long term care insurance.
Speaker 5 (11:09):
She's been paying on that for twenty five years.
Speaker 7 (11:12):
Now that insurance company basically is refusing to pay m
We have submitted all the documents and they keep coming
back with if we don't receive more documents in the
two week period, we'll.
Speaker 5 (11:27):
Close the file.
Speaker 7 (11:28):
And yeah, that's so, who do I contact?
Speaker 3 (11:31):
You contact the insurance company, You contact the people that
issued the policy, because looks like a breach. And are
they telling you that they're simply not going to cover
or are they throwing obstacles in your way?
Speaker 2 (11:47):
Constantly throwing obstacles in the way. Yeah, I've had that.
I've had that.
Speaker 3 (11:52):
Yeah, just to give you an idea, I have a
pension because I belong to a union and it finally
came finally to fruition. I applied for it fourteen months
ago and pay through more obstacles than you could ever
imagine at me, and we finally got it. And this
is I am in the same position. All you can
(12:14):
keep is going and going. Now you may reach a
point and how long has it been since you have
made the claim for long term care?
Speaker 7 (12:24):
About nine months?
Speaker 3 (12:25):
Okay, that's enough. Okay, that's good. It's definitely time for
a lawyer. And here's what your contract says. It says
that to prevailing party, and I'm guaranteeing that. It says
that will pay all attorneys fees, which means if you lose,
you pay their attorneys fees. If they lose, they pay
your attorney's fees. And I have no idea why they're
(12:50):
doing that, because if you have submitted the proper information
and then they come back and say we want more,
and then they come back and say we want more,
and then that's what happened to me, and then they
come back and say we want more, then they're clearly
jerking your chain. And so that's where you go. You
(13:10):
keep on calling, you do whatever information, and it depends
on what they want too. I mean, if they're asking
for ridiculous minutia. Then they're making their case harder and harder.
But eventually you're going to sue these folks.
Speaker 2 (13:23):
That's it. You're going to sue them. There's no choice.
Speaker 3 (13:26):
And you're going to get retroactive everything from the time
you made the claim. And on top of that, you're
going to get attorney's fees based on what you say,
and you may even get sanctions from the court. If
I'm the judge, I'm going to be really pissed off
at the insurance company, especially paying twenty five years and
now you're making a claim and she's only collecting now
at ninety five or ninety four, and they're saying no.
Speaker 5 (13:49):
No, They're not saying no no.
Speaker 3 (13:51):
They're basically saying no no. They're basically saying no Martin.
Speaker 2 (13:55):
They're basically they just wanted to die.
Speaker 3 (13:57):
Yeah, of course, of course, but then you see on
her half too, so that's so fine.
Speaker 2 (14:03):
Jim, Hello, Jim.
Speaker 5 (14:05):
Oh hi there.
Speaker 8 (14:06):
Yeah, Well, good morning, Bill, thank you for taking my call.
I'm grateful. We live in Newport Beach, California, and we're
remodeling our backyard. We're putting papers in there and in
a barbecue and everything the landscapers took out all the
plants or up against our neighbor's wall, and then they
read they repotted them into some you know containers and put.
Speaker 2 (14:30):
Them on the side of the house, and.
Speaker 8 (14:33):
They said it's our responsibility to water them over there.
Speaker 5 (14:37):
So we've been watering them.
Speaker 8 (14:38):
But some of the plants are dying. Are they liable
for that?
Speaker 3 (14:42):
Sirt okay general rule that only the people who are
injured are able to sue, And obviously the injury here
is to the plants, so the plants would actually have
to sue. So you have to file on behalf of
a bogan v and or a fight this tree. Yeah,
(15:04):
it depends on your contract. Depends on your contract. For example,
if they have I've torn you know, houses apart and
put in new landscape as you have, and all it
says is we will move existing plants if possible. We
it's not part of our contract, or if it is,
we will move them. And I don't know if they
(15:24):
make a guarantee as to where they're going, where they're
going to be healthy or not. My guess is, all
things being equal, I don't think you have much there
unless your contract says we will move those plants. And
then the argument you're going to have is you put
them in the wrong place. Now, it could be that
(15:45):
they put him in the only place they could have
put him in. So look at your contract and how
much damage literally do you have you know.
Speaker 5 (15:53):
I mean probably a couple thousand dollars at.
Speaker 2 (15:58):
Yeah, and you're paying hundreds of thousands of dollars for
this thing, I'm assuming right right, it's ninety seven thous ye.
Speaker 3 (16:04):
Ask them to give you a credit. I can't imagine
a company that wouldn't do that. Say, hey, guys, you
know I'm spending one hundred and ninety thousand dollars with you.
I've got to pay two grand to replace my plants.
Come on, give me a credit for that. You should
be able to do, okay, I mean this is not
a legal issue. You you got to read contracts and yeah,
who needs that? I'll tell you whatever what else you
(16:26):
don't need? And that is your privacy being completely used online.
You think you have privacy, You have no privacy. Everything
about you is online. It can be found out your
home address, where you work, or your bank, what you
buy where, court records, accident history, DMV information, credit score,
your social media. I mean, it's all out there, and
(16:48):
what happens is that data brokers collect it because it's
not hard to collect, and then it gets sold to
anyone who wants to buy it, and your data is
available to to the bad guys.
Speaker 2 (17:01):
And by the way, can you demand that they get
rid of it? Well, are you going to contact hundreds
of data brokers? Well, that's what Incogniti does. They fight back.
Speaker 3 (17:11):
They contract hundreds of data brokers who have your information
or are selling it and demand that your information be deleted,
which by law it has to be.
Speaker 2 (17:20):
That's in Cogny.
Speaker 3 (17:22):
And before every show, I log on my Incognita account
and hundreds of removal requests there they are, and hundreds
of more are in progress and schedule there they are.
That's in Cogny. Get sixty percent off when you use
my name handle. Go to incogny dot com slash handle.
That's in cogni dot com slash handle.
Speaker 2 (17:45):
This is handle on the law.
Speaker 6 (17:47):
You're listening to bill handle on demand from KFI AM
six forty.
Speaker 2 (17:54):
The number eight.
Speaker 3 (17:55):
Hundred five two zero one five three four eight hundred
and five to zero one five three four. If you
want to go, get in and ask a question of
which I will give you an answer, not necessarily the
right answer, but an answer. Doing this for so long,
you think that I would have by this point a
(18:16):
very deep knowledge of the questions, because you know, over
thirty years, you know, there's not a whole lot new.
Speaker 2 (18:21):
But I do get them. I get them.
Speaker 4 (18:23):
Go.
Speaker 3 (18:23):
Whoa, I've never gotten that question before. Okay, back we go.
Speaker 2 (18:26):
More handle on the law, Marginal legal Advice. Caesar, Hello Caesar, Europe, Welcome.
Speaker 9 (18:34):
Hello Bill, Hey Bill. I just want to let you
know that I listened to you every Saturday, and you
you great. And also I got a question. I run
a small business and they I got a hobby liability
insurance on the business, and they do all died every
year and the last year they figured it out on
(18:58):
the old that I owed eighteen thousand dollars and there's
no way that I'm going to pay the money. I
don't know how they figure that. My question is if
I don't pay them, what they do.
Speaker 2 (19:10):
Well, if you don't pay them, they're going to cancel
your insurance.
Speaker 3 (19:14):
And then it's a little complicated where you can pay
them and then turn around and demand your money back.
Speaker 2 (19:23):
You can and then legally, they're responsible.
Speaker 5 (19:25):
If you tend the to the collection.
Speaker 3 (19:30):
Okay, what you have to do is, first of all,
tell the collection collection department that the audit was wrong.
Contact them, I assume you have and say you have
a wrong audit on this, and how do you prove it? Well,
you unfortunately, you have to have your own accountant come
in and do an audit and turn around and say
to them your audit is completely wrong. There is no
(19:52):
way that my business could have incurred this kind of
liability on insurance based on the numbers that you have
come up with.
Speaker 2 (20:01):
It's impossible.
Speaker 3 (20:02):
And so you produce your own audit, tell and you
tell them hold off on the collection agency because here's
what happens. What if they ding you the collection agencies,
even when they're wrong, they have the power to ruin
your credit. Now you have the ability to say I'm
disputing this, and so there are enough algorithms out there
(20:22):
and so hopefully if they hold off on any more moves,
because the only way they're going to collect, literally collect,
is to get a lawsuit against you and get a judgment.
They can't collect any other way. You know, they just
can't grab your money because they think that you owe
them money. So it's time to contact the insurance company
(20:44):
and say, hey, this is a dispute. Put take your
hound dogs off of me until we figure this out.
Speaker 2 (20:51):
I'm having an audit.
Speaker 3 (20:52):
And then you pay what you paid last year and
you because if you don't pay and you get hit
with a claim, they're going to say you're not insured,
and now you're looking at a lawsuit. It's even when
you're right, it's a god awful mess.
Speaker 2 (21:09):
What you do is you have an.
Speaker 3 (21:10):
Insurance company that's screwed up, call the adjuster, go up,
go up the food chain. Seas are literally go up
the few food chain as far as you can go.
That's where you start. You go you want to go
to the vice president in charge of over overcharging insurance claimants.
And that's one of those things where even when you're right,
(21:32):
you can get nailed, especially if the claims you owe
money and you don't and it goes to collections, and
if the collections go after somebody knowing that they shouldn't have, yeah,
there's a lawsuit. And in many cases a big one
way that's federal. Well, no federal offenses when you file
for bankruptcy.
Speaker 2 (21:52):
So there's liability there. But what a mess that is.
Speaker 3 (21:56):
Sometimes the law does not do a really good job
of dealing with problems. I mean, you have no place
else to go, but it gets a little bit sloppy.
If I loan you a thousand dollars, then you've written
you owe me a thousand dollars. You don't pay me.
That's an easy one. I sue you for a thousand dollars.
There's really not much you can say about that. But
if you're too caught calling, if you're talking about in
(22:17):
this case, audits and financial issues in which there can
be differences of opinion and differences of fact, it can
get a little bit difficult.
Speaker 2 (22:28):
But that's you know, sometimes you're just stuck that way.
Run hi Ron hi Will. Yeah.
Speaker 10 (22:33):
I am a retired teacher administrator, so forth, and I
took on a six week gig on the side, just
sort of fun for the summer, and I'm having trouble
collecting from the employers. Now. It's a small theater company
that is doing a summer camp, and so I'm about
(22:55):
one week from the show. So we were almost done
with the whole thing, and I'm supposed to get paid
every two weeks, didn't get paid the first time, a
lot of excuses, a lot of we're sorry. I mean
people are very very nice, but they're really good at this,
and so and so anyway, going on and on. Finally
got a check from them, and instead of the business check,
(23:16):
it was through her own personal I guess you got
a side business doing something else too, and that check bounce.
Speaker 2 (23:24):
Okay.
Speaker 10 (23:24):
The question is, I know it's an easy lot, it's
an easy small claims thing. But I was wondering, what
about labor board.
Speaker 3 (23:31):
Yeah, it's a violation. It's a violation. I would do both.
I would both report her that company to the labor board.
There's really no labor board. It's just head of California.
It's Wage Enforcement Division of the Department of Labor Relations.
And so you just find out just google California check
(23:53):
bounced employee ten ninety nine. I'm assuming you're a ten
ninety nine employee. Where is there a written contract here?
Speaker 5 (24:01):
Yes?
Speaker 2 (24:01):
Okay, that helps. And so they've bounced.
Speaker 10 (24:04):
A lot of emails. I have a lot of emails
her you promising pay.
Speaker 3 (24:10):
Yeah, you've got them. No, there's no question you have
the theater company. And if she's the sole proprietor as
opposed to a company. Well, it doesn't even matter because
if she's paid on a personal check, she's going to
be responsible, uh for the breach anyway, because you can
if there's a corporation with her paying personally, that corporation
legally sort of disappears in terms of your lawsuit.
Speaker 2 (24:32):
So you would file lawsuits.
Speaker 3 (24:33):
Against the theater company against her who owns the theater company,
and also go ahead and report that wages have not
been paid. One of the things about California and other states,
by the way, is paying back wages is one huge deal.
Speaker 2 (24:55):
I mean it is a big thing.
Speaker 3 (24:57):
The only thing more important as far as the a
state or the IRS is concerned, as you pay their taxes.
Speaker 2 (25:04):
That's number one.
Speaker 3 (25:05):
Actually, when you die and you will money, for example,
or you have money, the first thing is paid is burial.
Speaker 2 (25:12):
Then come taxes.
Speaker 3 (25:13):
And I'm surprised that the IRS lets burial expenses supersed
taxes and money owed is right at that level to employees.
So obviously you have a very strong, very strong case,
and you have to just jump through the hoops and
do it. You got her, You got her, Just go ahead,
do do all three and then you'll yeah, I mean
that was an easy one. Now, sometimes it's not easy.
(25:37):
If you've been injured and I've been telling you about
this for years now, and answer questions about personal injury
constantly the last hour. I don't know how many questions
I had. And so I tell you to go to
personal injury lawyer. Why, because that's all you can do
is get money. And if you're talking to the other
insurance company on the other side, they'll call you and
(25:58):
then start talking money. These people get paid for not
paying you, and they're experts. You're way out out of
your wheelhouse. And this is why a personal injury lawyer
is critical, especially if you've been injured and you really
banged up and it's not your fault. Then you're home
free and you get a good PI lawyer. Now, where
do you find them? Enough advertisements you hear on this
(26:21):
show and TV and radio and billboards. Yeah, and how
do you find the good ones? Some of them are excellent,
some of them not, which is why I created handle
on the law dot Com. These are lawyers who are vetted.
If there's a problem, I make the phone call. You
can call eight eight eight eight eight eight eight sixty
six eight eight eight eight eight eight eight eight six
six eight, or visit handle on the law dot com.
(26:43):
Handle on the law dot Com. This is Handle on
the Law.
Speaker 6 (26:48):
You're listening to Bill Handle on demand from KFI Am
six forty.
Speaker 2 (26:56):
This morning. The whole show.
Speaker 3 (26:57):
We've had lines open, sometimes close to the bar of
full board, sometimes not so much. And sometimes we have
all lines that are jammed and you call in and
there's a busy signal. So right now is a good
time to call in. The number here eight hundred and
five two zero one five three four. That's eight hundred
five two zero one five three four. Welcome back, Handle
(27:20):
on the Law, Marginal Legal Advice, Yo, Dennis, Welcome to
the show.
Speaker 11 (27:25):
Yeah, Bill, Yeah, it's a I live in a four
unit condo Townhouses. My roof was leaking during the last rains.
I contacted DHLA. They say it's up to the board.
There's only four units.
Speaker 5 (27:40):
I'm not on the board.
Speaker 11 (27:42):
We've had some roofers come over for estimates. They say
it's it was not up to code. Now it's five
years out of warranty. Last thing I heard they were
going to check with a law office that had won
a similar lawsuit against the bill. Now I want to,
(28:02):
you know, kind of press on people. So what would
be the first okay, seeing.
Speaker 3 (28:07):
All right, so let me let me start with okay,
got it, So let me start with when was the
building built?
Speaker 5 (28:17):
Oh, fifteen years ago?
Speaker 2 (28:18):
Okay, So that's a problem.
Speaker 3 (28:20):
So when a lawsuit when it once against when against
the builder, if it is within ten years, the builder
is liable and you can see the builder after ten
years no longer liability. So now you have a situation
where the roof is leaking. Is the roof a common roof?
Is it considered that the HOA, that members of the
(28:43):
HOA own the entire roof together under the HOA.
Speaker 5 (28:47):
That's what the HOA told me.
Speaker 3 (28:50):
Well, no, you have to look at the CCNRS. What
they told you is one thing, and what the CCNRS
say are is specific. You have to look at that.
And if you are responsible for your own roof over
your own condo, which I think is hard to do
when you think about it, when there's four units, I
assume it's one building, correct.
Speaker 5 (29:09):
It's two buildings.
Speaker 3 (29:10):
Okay, all right, So now you have two buildings and
two common roofs I guess, or each party is responsible
for It depends on what the CCNR say. And now
you have a leak and you're making a claim against
the HOA for a defective roof. The roof has to
be replaced and it has to come out of the reserves,
(29:31):
because that's exactly what hoa's are about. And money is
put away in reserve by law and that's used for
exactly this sort of thing. And so if the money
is there, you go to the HOA and say the
money is there.
Speaker 12 (29:45):
That's it.
Speaker 2 (29:46):
Now.
Speaker 3 (29:46):
Has anybody actually repaired the roof or it's just time
to repair the roof?
Speaker 5 (29:51):
No, no repairs have been done.
Speaker 3 (29:52):
Okay, so now you're talking about just repairing the roof.
What are the bids to repair the roof? It's for unit,
it's forty grand, all right, yeah, all right, So it
doesn't matter if the roof leaks. The roof leaks, and
if it's common area, the HOA has to replace it.
Because we've got a hole in the in the roof
(30:15):
and only one unit is affected. No, it's still a
common roof. And so do you have to know about
the reserves that are in the HOA?
Speaker 4 (30:24):
No?
Speaker 2 (30:24):
All right, you want to find out.
Speaker 3 (30:25):
First off, there's any money, but you make a claim
against the HOA, and if the HOA says no, I
don't know what you can do except sue them, sue
your own h HOA. And the bottom line, unfortunately for
that is that you're paying for a lawyer to defend
(30:48):
a lawsuit against you because the HOA hires a lawyer.
So that's what you have to do. And you go
to someone who specializes in HOA. I've got a friend
of mine who does exactly He specializes in HOA law,
and that's that's what you need. But you know a
lot of issues here what the HOA says, who is
(31:09):
responsible with the CCNRSA, that sort of thing. Hello, Grace,
you're up, welcome to you handle the law? Yes, Grace, Hi, there.
Speaker 12 (31:18):
So quick question. We rented. We rented in Orange County.
We were there just under twelve months, which she knew
what she was doing. She basically showed up one day
and says, we're not going to extend the lease. I
thought we had a year lease, but it was month
to month. So she gave us a sixty day notice
and then shortly after that we were she said, hey, listen,
(31:43):
if you decide to move out, sooner. You know, I'm
happy to give you a refund of your your rent
because the plumbers need to get in. So they did
pull pormits for plumbing, so I wanted to see what
recourse we had to. Honestly, we were planning to stay
there forever.
Speaker 3 (32:03):
And you're not going to stay there forever, because yeah,
what city are you doing?
Speaker 9 (32:06):
You know what I mean?
Speaker 5 (32:07):
Yeah?
Speaker 2 (32:07):
What city are you? Steal Beach?
Speaker 3 (32:09):
Okay, I don't think Seal Beach has a rent control
if I'm not mistaken. So with that, your landlord has
every ability and right to toss you out, especially on
a month to month.
Speaker 2 (32:20):
When you say month to month least, that means no lease.
Speaker 3 (32:23):
But they have to give you sixty days notice if
the issue of plumbing, unless it is an emergency and
they have to come in and fix plumbing because water
is leaking all over the place, and then you have
some rights. But if that's not the case, they just
want to redo the plumbing and everything is working. Sure,
they can say tell you what will refund the money?
Speaker 2 (32:45):
Just say no. You can say no.
Speaker 3 (32:46):
You can say hey, I'm going to stay till the
very last day and you get and don't forget.
Speaker 2 (32:50):
You get relocation money too, you know that.
Speaker 12 (32:52):
Well, that's what I thought she wouldn't. That's why I
thought she asked to sleep. We didn't get any relocation money.
Speaker 2 (32:57):
Have you already moved?
Speaker 12 (32:58):
That's what I was thinking of.
Speaker 3 (32:59):
Oh yes, yes, Oh well now you're going backwards. Yeah,
I don't know. I think you're still entitled the relocation money,
and I don't know if it's what twenty twenty five
hundred dollars is under state law. And that's if it
was LA City, you'd be there forever. They could never
get you out. So yeah, yeah, you've got some rights,
(33:20):
I would you know, there are all kinds of websites
out there and talk about landlord tenant rights and they'll
even be specific as to your city and what your
rights are. But the answer to your question is you
don't have to leave. You have to leave after a year.
If you have a year's wait, or they have to
give you sixty days notice, then you have to leave
(33:42):
at that point. But if they comply, yeah, you're out
the door. And you try to go for the relocation
money which they are required to give you. Now, let
me spend a moment talking about your privacy and my privacy,
There ain't none. I can find out everything about you.
It is easy. It's all all available online. Your home address,
where you work, or your bank, where you buy, what
(34:04):
you buy, court records, accident histories, DMV information, credit score.
I could go on for five minutes. It's all out
there and it's not very hard to get Now, can
you get rid of it? Yeah, you get rid of
it by telling the data brokers to delete it, and
they have to. But there are hundreds of data brokers
(34:26):
out there that collect your information and then they sell
it to anyone who wants to buy it. There goes
your privacy. So I got to tell you you probably
have hundreds of data brokers selling your information. Why don't
you call hundreds of data brokers in the next ten
minutes and help yourself in terms of your privacy and
make sure your information isn't sold. And Cogniti does exactly that.
(34:49):
They contact hundreds of data brokers and legally demand that
your information be deleted and they have to and before
the show. Every time I do this, I log on
to my Incognitate account. They are hundreds of removal requests
on the record, hundreds more in progress and schedule that's.
Speaker 2 (35:06):
What Incogni does so well.
Speaker 3 (35:09):
Go to incogniti dot com slash handle sixty percent off
when you use mine in handle I N C O
G N I in Cogni dot com slash handle. That's
in Cognity dot com slash handle. This is handle on
the law.
Speaker 1 (35:26):
You've been listening to the Bill Handle Show. Catch my
show Monday through Friday, six am to nine am, and
anytime on demand on the iHeartRadio app
You're listenings k I AM six forty the Bill Handles
show on demand on the iHeartRadio.
Speaker 2 (00:06):
F KFI AM six forty.
Speaker 3 (00:11):
Jill Handle here Saturday, this is our number two of
the Legal Show. And coming up at eleven o'clock right
after I lock out and say goodbye Rich to Murrow
with the Tech Show. And then at two o'clock this afternoon,
Neil Savedra with the Fork Report. His foodiness. He's just
(00:31):
really good on all things food. Is with me Monday
through Friday, and we do segments on food and it's
always Neil. We do have lines open because we're starting
another hour and it's well, you call right in and
you're gonna get in very quickly. Obviously, eight hundred five
two zero one five three four is the number to call.
Eight hundred five two zero one five three four, And
(00:54):
the normal rules apply. If you are unintelligible, generally you
go to the top. If you are some kind of ethnicity,
the more obscure, the better you go to the top.
If you have some kind of special needs, no arms,
no legs puts you to the top, especially if someone's
at fault, any combination of those, that's great. You definitely
(01:17):
go to the top. Eight hundred five two zero one
five three four is the number to call. Eight hundred
five two zero one five three four as I answer
all questions because my vast knowledge now it's not deep,
but it is very broad. Sort of a lot of
ripples in there too. And that's what I've been doing
(01:39):
this for so long. And I'm still wrong many many times,
which I probably will be in your case. Eight hundred
five two zero one five three four. This is handle
on the law, marginal legal advice, or I tell you
have absolutely no case. Now, this whole issue of AI,
(02:02):
of course, has just turned everything around, took our financial system,
put it's on its head, not necessarily in a negative
or positive way. It's sort of just an is and
it's going to do well. It's going to make business
very different to deal with. My daughter, for example, is
working on her master's degree in computer engineering because there's
(02:24):
no chance of her having gotten into what she wants
to do with an undergrad degree. I mean, and so
she's baking. She's at a bakery, and she loves cooking,
but that's what she's doing basically with a master's degree. Congratulations,
And so it's just changing everything. The other thing that
AI is dealing with and causing is that you need
(02:47):
massive amounts of energy to power these data centers. And
you need massive data centers to do this, I mean
acres of stuff that suck up so much water and
so much energy.
Speaker 2 (03:04):
That is the bad part of AI.
Speaker 3 (03:08):
And so there are jurisdictions who are saying don't want them.
Now a lot of towns and villages and counties do
want these because they generate a lot of taxes, and
they are saying come on a board. And then a
lot of them do not. New York became the first
state to halt construction of large new data center, imposing
(03:31):
a one year more toorium. Let's figure out what's going
on here before we allow any more of these data
centers to be built in our state. Why, because you
have power costs that are through the roof, water supplies
that are through the roof. Local communities are being burdened
(03:53):
because they have to build around them, build roads, etc.
Up to these huge, huge data centers. So we're looking
at one of the aspects of AI. As I told you,
it's changing everything. I mean everything. So we'll see by
the way the construction ban is only going to apply
(04:15):
to data centers that use fifty megawatts or more of power,
according to the Governor's office. Now, I have no idea
how big fifty megawatts of power is. Is that I
always read this stuff it's enough to power five hundred
thousand homes, or fifty thousand homes for a year, or
three billion homes for a year. I've never understood that,
(04:38):
but I would guess that that is a whole lot
of power. So under that it's I guess they can
build them. But then again, do they make any sense
to be built under fifty megawatts? And that's part of
the formula's being used. The number eight hundred five two
zero one five three four eight hundred five twos. They
(05:00):
are one five three four, all right, some phone calls here, Tricia, Hi, Tricia, welcome.
Speaker 4 (05:08):
Hi, Bill, Thank you for taking my call. Yes, ma'am,
I have a question about tenants rights. I live on
a property that has nine bungalows. Our old owner passed
away the end of February beginning of March. We have
new ownership. They closed on June twelfth. We have not
(05:32):
had any notice of new ownership. Serve to us whatsoever
they have come on the property on June eleventh asking
to speak to Well, they wanted to speak to me
because I paid my rent in advance and they wanted
(05:53):
to return my rent. I refused. Then they without twenty
four hours notice. On Wednesday of this week, they showed
up to come on the property to quote have a
meet and greet. They wanted us all to sign a
blank piece of paper with our names and our phone
(06:13):
numbers because they wanted updated information. We all, well, all
of us, except to decline to do that because I
feel like they're trying to trap us into all.
Speaker 3 (06:28):
Right, let me ask you real quickly. A blank piece
of paper and they said information. They didn't say specifically
as to what and how. It's just a blank piece
of paper with your signature on it. Is what they wanted?
Speaker 2 (06:42):
Correct?
Speaker 4 (06:43):
Yes, they wanted our names and our email addresses.
Speaker 2 (06:46):
Yeah, that's fine.
Speaker 3 (06:47):
I mean they can ask for that, but signing beyond
that a blank piece of paper, if it's only we
want your mail, we want your address.
Speaker 2 (06:58):
That's fine. They're allowed to do that.
Speaker 3 (06:59):
And then you put a sick church line right under
that those requests and you sign that and you date it,
and that's all they're allowed to get.
Speaker 2 (07:05):
That's, you know, legally, they're a title to that.
Speaker 3 (07:08):
I mean, the rest of it they're not entitled to
especially well they are if you agree, But good for
you for not signing it. Now, when you said they
went on the property, they went on to common ground.
Do they go specifically on your property? Do you own
the land that you are on?
Speaker 4 (07:25):
No, we don't. But they have not provided us with
proof of new ownership.
Speaker 3 (07:30):
Okay, that's fair, that's fair. That doesn't mean that doesn't
mean you still don't owe the money. You do they,
but they do have to provide you with a proof
of ownership because anybody could come in. I could come
in and say I'm the new owner, write me a check.
So yeah, it's legitimate for you to say no, I
need proof. Now, that doesn't mean you don't owe the money,
(07:52):
so put the money away, correct.
Speaker 2 (07:53):
Okay, So what's your question.
Speaker 4 (07:55):
Everybody's pay. Everybody's paid their rent on time, all right,
So what's your question? Pay they are during the meeting?
Speaker 2 (08:04):
He said?
Speaker 4 (08:05):
Okay, Well, if you refuse to refuse to sign, we
will just send everybody thirty day notices.
Speaker 2 (08:12):
All right, let them try here, where are you located? Right,
where are you located?
Speaker 4 (08:16):
Located in Long Beach and.
Speaker 3 (08:19):
Where I don't know if Long Beach has rank control,
probably doesn't.
Speaker 2 (08:22):
But yeah, if they evict you will give you a
thirty day notice.
Speaker 3 (08:26):
Your defense is going to be if you don't sign
a blank piece of paper, we're going to evict you.
That is a bad eviction. And if they go forward
with that, you have them for wrongfull eviction, maybe even
retaliatory eviction. Yeah. I mean, you're in pretty good shape.
And if it turns out they do file give you
(08:47):
a thirty day notice, you can ignore it or let
them know by email. We have no intention of leaving
because first of all, we don't know you're the owner.
Second of all, you're asking. It's extortion. Either you sign
a blank piece of paper that we can do anything with,
or we're evicting you. That's that's a court battle. Yeah,
both all of you hire one lawyer and you go
(09:08):
after them.
Speaker 2 (09:09):
You're going to be fine on that, Okay, Yeah.
Speaker 5 (09:12):
But just.
Speaker 4 (09:14):
Sorry, we're also part of the historical district.
Speaker 2 (09:17):
I don't think that.
Speaker 3 (09:18):
I don't think that matters because they're not going to remodel,
they're not going to tear it apart. This is simply
a red terror's situation, and being part of the historical
part is in your issue. It's with the city and
the new owners. Have you noticed, though this particularly this
last hour, how many questions or how many advertisers are
(09:38):
personal injury lawyers? I mean we get lawyer after lawyer
advertising on this show. Which makes sense? And which ones
do you go to? I mean, do you know which
ones are good? Which ones aren't? Some are excellent, some eh,
not so good. Which is why I created Handle on
the Law dot Com because these lawyers are excellent, They've
been vetted. I make the phone call if there's a problem,
(10:00):
and they're there to represent you. No money up front,
as is the case, they get a percentage of what
the settlement is. So visit Handle on the Law dot Com.
Call eight eight eight eight eight eight eight six six
eight Handle on the Law dot Com. This is Handle
on the Law.
Speaker 6 (10:17):
You're listening to Bill Handle on demand from kf I
am six forty.
Speaker 2 (10:23):
Handle here on Saturday morning.
Speaker 3 (10:26):
The number for a legal question which I will give
you a legal answer to is eight hundred five two
zero one five three four eight hundred five two zero
one five three four and about fifty fifty percent of
the time. We're so full you can't even get in
the lines. All read busy, but we do have the
(10:47):
lines open. So jump in eight hundred five two zero
one five three four and welcome back. Handle on the
law Marginal Legal Advice Martin. Hey Martin, you're right.
Speaker 5 (11:00):
Good morning, Bill.
Speaker 7 (11:01):
Yeah, my Monday four year old mother is basically bedridden.
She's had long term care insurance.
Speaker 5 (11:09):
She's been paying on that for twenty five years.
Speaker 7 (11:12):
Now that insurance company basically is refusing to pay m
We have submitted all the documents and they keep coming
back with if we don't receive more documents in the
two week period, we'll.
Speaker 5 (11:27):
Close the file.
Speaker 7 (11:28):
And yeah, that's so, who do I contact?
Speaker 3 (11:31):
You contact the insurance company, You contact the people that
issued the policy, because looks like a breach. And are
they telling you that they're simply not going to cover
or are they throwing obstacles in your way?
Speaker 2 (11:47):
Constantly throwing obstacles in the way. Yeah, I've had that.
I've had that.
Speaker 3 (11:52):
Yeah, just to give you an idea, I have a
pension because I belong to a union and it finally
came finally to fruition. I applied for it fourteen months
ago and pay through more obstacles than you could ever
imagine at me, and we finally got it. And this
is I am in the same position. All you can
(12:14):
keep is going and going. Now you may reach a
point and how long has it been since you have
made the claim for long term care?
Speaker 7 (12:24):
About nine months?
Speaker 3 (12:25):
Okay, that's enough. Okay, that's good. It's definitely time for
a lawyer. And here's what your contract says. It says
that to prevailing party, and I'm guaranteeing that. It says
that will pay all attorneys fees, which means if you lose,
you pay their attorneys fees. If they lose, they pay
your attorney's fees. And I have no idea why they're
(12:50):
doing that, because if you have submitted the proper information
and then they come back and say we want more,
and then they come back and say we want more,
and then that's what happened to me, and then they
come back and say we want more, then they're clearly
jerking your chain. And so that's where you go. You
(13:10):
keep on calling, you do whatever information, and it depends
on what they want too. I mean, if they're asking
for ridiculous minutia. Then they're making their case harder and harder.
But eventually you're going to sue these folks.
Speaker 2 (13:23):
That's it. You're going to sue them. There's no choice.
Speaker 3 (13:26):
And you're going to get retroactive everything from the time
you made the claim. And on top of that, you're
going to get attorney's fees based on what you say,
and you may even get sanctions from the court. If
I'm the judge, I'm going to be really pissed off
at the insurance company, especially paying twenty five years and
now you're making a claim and she's only collecting now
at ninety five or ninety four, and they're saying no.
Speaker 5 (13:49):
No, They're not saying no no.
Speaker 3 (13:51):
They're basically saying no no. They're basically saying no Martin.
Speaker 2 (13:55):
They're basically they just wanted to die.
Speaker 3 (13:57):
Yeah, of course, of course, but then you see on
her half too, so that's so fine.
Speaker 2 (14:03):
Jim, Hello, Jim.
Speaker 5 (14:05):
Oh hi there.
Speaker 8 (14:06):
Yeah, Well, good morning, Bill, thank you for taking my call.
I'm grateful. We live in Newport Beach, California, and we're
remodeling our backyard. We're putting papers in there and in
a barbecue and everything the landscapers took out all the
plants or up against our neighbor's wall, and then they
read they repotted them into some you know containers and put.
Speaker 2 (14:30):
Them on the side of the house, and.
Speaker 8 (14:33):
They said it's our responsibility to water them over there.
Speaker 5 (14:37):
So we've been watering them.
Speaker 8 (14:38):
But some of the plants are dying. Are they liable
for that?
Speaker 3 (14:42):
Sirt okay general rule that only the people who are
injured are able to sue, And obviously the injury here
is to the plants, so the plants would actually have
to sue. So you have to file on behalf of
a bogan v and or a fight this tree. Yeah,
(15:04):
it depends on your contract. Depends on your contract. For example,
if they have I've torn you know, houses apart and
put in new landscape as you have, and all it
says is we will move existing plants if possible. We
it's not part of our contract, or if it is,
we will move them. And I don't know if they
(15:24):
make a guarantee as to where they're going, where they're
going to be healthy or not. My guess is, all
things being equal, I don't think you have much there
unless your contract says we will move those plants. And
then the argument you're going to have is you put
them in the wrong place. Now, it could be that
(15:45):
they put him in the only place they could have
put him in. So look at your contract and how
much damage literally do you have you know.
Speaker 5 (15:53):
I mean probably a couple thousand dollars at.
Speaker 2 (15:58):
Yeah, and you're paying hundreds of thousands of dollars for
this thing, I'm assuming right right, it's ninety seven thous ye.
Speaker 3 (16:04):
Ask them to give you a credit. I can't imagine
a company that wouldn't do that. Say, hey, guys, you
know I'm spending one hundred and ninety thousand dollars with you.
I've got to pay two grand to replace my plants.
Come on, give me a credit for that. You should
be able to do, okay, I mean this is not
a legal issue. You you got to read contracts and yeah,
who needs that? I'll tell you whatever what else you
(16:26):
don't need? And that is your privacy being completely used online.
You think you have privacy, You have no privacy. Everything
about you is online. It can be found out your
home address, where you work, or your bank, what you
buy where, court records, accident history, DMV information, credit score,
your social media. I mean, it's all out there, and
(16:48):
what happens is that data brokers collect it because it's
not hard to collect, and then it gets sold to
anyone who wants to buy it, and your data is
available to to the bad guys.
Speaker 2 (17:01):
And by the way, can you demand that they get
rid of it? Well, are you going to contact hundreds
of data brokers? Well, that's what Incogniti does. They fight back.
Speaker 3 (17:11):
They contract hundreds of data brokers who have your information
or are selling it and demand that your information be deleted,
which by law it has to be.
Speaker 2 (17:20):
That's in Cogny.
Speaker 3 (17:22):
And before every show, I log on my Incognita account
and hundreds of removal requests there they are, and hundreds
of more are in progress and schedule there they are.
That's in Cogny. Get sixty percent off when you use
my name handle. Go to incogny dot com slash handle.
That's in cogni dot com slash handle.
Speaker 2 (17:45):
This is handle on the law.
Speaker 6 (17:47):
You're listening to bill handle on demand from KFI AM
six forty.
Speaker 2 (17:54):
The number eight.
Speaker 3 (17:55):
Hundred five two zero one five three four eight hundred
and five to zero one five three four. If you
want to go, get in and ask a question of
which I will give you an answer, not necessarily the
right answer, but an answer. Doing this for so long,
you think that I would have by this point a
(18:16):
very deep knowledge of the questions, because you know, over
thirty years, you know, there's not a whole lot new.
Speaker 2 (18:21):
But I do get them. I get them.
Speaker 4 (18:23):
Go.
Speaker 3 (18:23):
Whoa, I've never gotten that question before. Okay, back we go.
Speaker 2 (18:26):
More handle on the law, Marginal legal Advice. Caesar, Hello Caesar, Europe, Welcome.
Speaker 9 (18:34):
Hello Bill, Hey Bill. I just want to let you
know that I listened to you every Saturday, and you
you great. And also I got a question. I run
a small business and they I got a hobby liability
insurance on the business, and they do all died every
year and the last year they figured it out on
(18:58):
the old that I owed eighteen thousand dollars and there's
no way that I'm going to pay the money. I
don't know how they figure that. My question is if
I don't pay them, what they do.
Speaker 2 (19:10):
Well, if you don't pay them, they're going to cancel
your insurance.
Speaker 3 (19:14):
And then it's a little complicated where you can pay
them and then turn around and demand your money back.
Speaker 2 (19:23):
You can and then legally, they're responsible.
Speaker 5 (19:25):
If you tend the to the collection.
Speaker 3 (19:30):
Okay, what you have to do is, first of all,
tell the collection collection department that the audit was wrong.
Contact them, I assume you have and say you have
a wrong audit on this, and how do you prove it? Well,
you unfortunately, you have to have your own accountant come
in and do an audit and turn around and say
to them your audit is completely wrong. There is no
(19:52):
way that my business could have incurred this kind of
liability on insurance based on the numbers that you have
come up with.
Speaker 2 (20:01):
It's impossible.
Speaker 3 (20:02):
And so you produce your own audit, tell and you
tell them hold off on the collection agency because here's
what happens. What if they ding you the collection agencies,
even when they're wrong, they have the power to ruin
your credit. Now you have the ability to say I'm
disputing this, and so there are enough algorithms out there
(20:22):
and so hopefully if they hold off on any more moves,
because the only way they're going to collect, literally collect,
is to get a lawsuit against you and get a judgment.
They can't collect any other way. You know, they just
can't grab your money because they think that you owe
them money. So it's time to contact the insurance company
(20:44):
and say, hey, this is a dispute. Put take your
hound dogs off of me until we figure this out.
Speaker 2 (20:51):
I'm having an audit.
Speaker 3 (20:52):
And then you pay what you paid last year and
you because if you don't pay and you get hit
with a claim, they're going to say you're not insured,
and now you're looking at a lawsuit. It's even when
you're right, it's a god awful mess.
Speaker 2 (21:09):
What you do is you have an.
Speaker 3 (21:10):
Insurance company that's screwed up, call the adjuster, go up,
go up the food chain. Seas are literally go up
the few food chain as far as you can go.
That's where you start. You go you want to go
to the vice president in charge of over overcharging insurance claimants.
And that's one of those things where even when you're right,
(21:32):
you can get nailed, especially if the claims you owe
money and you don't and it goes to collections, and
if the collections go after somebody knowing that they shouldn't have, yeah,
there's a lawsuit. And in many cases a big one
way that's federal. Well, no federal offenses when you file
for bankruptcy.
Speaker 2 (21:52):
So there's liability there. But what a mess that is.
Speaker 3 (21:56):
Sometimes the law does not do a really good job
of dealing with problems. I mean, you have no place
else to go, but it gets a little bit sloppy.
If I loan you a thousand dollars, then you've written
you owe me a thousand dollars. You don't pay me.
That's an easy one. I sue you for a thousand dollars.
There's really not much you can say about that. But
if you're too caught calling, if you're talking about in
(22:17):
this case, audits and financial issues in which there can
be differences of opinion and differences of fact, it can
get a little bit difficult.
Speaker 2 (22:28):
But that's you know, sometimes you're just stuck that way.
Run hi Ron hi Will. Yeah.
Speaker 10 (22:33):
I am a retired teacher administrator, so forth, and I
took on a six week gig on the side, just
sort of fun for the summer, and I'm having trouble
collecting from the employers. Now. It's a small theater company
that is doing a summer camp, and so I'm about
(22:55):
one week from the show. So we were almost done
with the whole thing, and I'm supposed to get paid
every two weeks, didn't get paid the first time, a
lot of excuses, a lot of we're sorry. I mean
people are very very nice, but they're really good at this,
and so and so anyway, going on and on. Finally
got a check from them, and instead of the business check,
(23:16):
it was through her own personal I guess you got
a side business doing something else too, and that check bounce.
Speaker 2 (23:24):
Okay.
Speaker 10 (23:24):
The question is, I know it's an easy lot, it's
an easy small claims thing. But I was wondering, what
about labor board.
Speaker 3 (23:31):
Yeah, it's a violation. It's a violation. I would do both.
I would both report her that company to the labor board.
There's really no labor board. It's just head of California.
It's Wage Enforcement Division of the Department of Labor Relations.
And so you just find out just google California check
(23:53):
bounced employee ten ninety nine. I'm assuming you're a ten
ninety nine employee. Where is there a written contract here?
Speaker 5 (24:01):
Yes?
Speaker 2 (24:01):
Okay, that helps. And so they've bounced.
Speaker 10 (24:04):
A lot of emails. I have a lot of emails
her you promising pay.
Speaker 3 (24:10):
Yeah, you've got them. No, there's no question you have
the theater company. And if she's the sole proprietor as
opposed to a company. Well, it doesn't even matter because
if she's paid on a personal check, she's going to
be responsible, uh for the breach anyway, because you can
if there's a corporation with her paying personally, that corporation
legally sort of disappears in terms of your lawsuit.
Speaker 2 (24:32):
So you would file lawsuits.
Speaker 3 (24:33):
Against the theater company against her who owns the theater company,
and also go ahead and report that wages have not
been paid. One of the things about California and other states,
by the way, is paying back wages is one huge deal.
Speaker 2 (24:55):
I mean it is a big thing.
Speaker 3 (24:57):
The only thing more important as far as the a
state or the IRS is concerned, as you pay their taxes.
Speaker 2 (25:04):
That's number one.
Speaker 3 (25:05):
Actually, when you die and you will money, for example,
or you have money, the first thing is paid is burial.
Speaker 2 (25:12):
Then come taxes.
Speaker 3 (25:13):
And I'm surprised that the IRS lets burial expenses supersed
taxes and money owed is right at that level to employees.
So obviously you have a very strong, very strong case,
and you have to just jump through the hoops and
do it. You got her, You got her, Just go ahead,
do do all three and then you'll yeah, I mean
that was an easy one. Now, sometimes it's not easy.
(25:37):
If you've been injured and I've been telling you about
this for years now, and answer questions about personal injury
constantly the last hour. I don't know how many questions
I had. And so I tell you to go to
personal injury lawyer. Why, because that's all you can do
is get money. And if you're talking to the other
insurance company on the other side, they'll call you and
(25:58):
then start talking money. These people get paid for not
paying you, and they're experts. You're way out out of
your wheelhouse. And this is why a personal injury lawyer
is critical, especially if you've been injured and you really
banged up and it's not your fault. Then you're home
free and you get a good PI lawyer. Now, where
do you find them? Enough advertisements you hear on this
(26:21):
show and TV and radio and billboards. Yeah, and how
do you find the good ones? Some of them are excellent,
some of them not, which is why I created handle
on the law dot Com. These are lawyers who are vetted.
If there's a problem, I make the phone call. You
can call eight eight eight eight eight eight eight sixty
six eight eight eight eight eight eight eight eight six
six eight, or visit handle on the law dot com.
(26:43):
Handle on the law dot Com. This is Handle on
the Law.
Speaker 6 (26:48):
You're listening to Bill Handle on demand from KFI Am
six forty.
Speaker 2 (26:56):
This morning. The whole show.
Speaker 3 (26:57):
We've had lines open, sometimes close to the bar of
full board, sometimes not so much. And sometimes we have
all lines that are jammed and you call in and
there's a busy signal. So right now is a good
time to call in. The number here eight hundred and
five two zero one five three four. That's eight hundred
five two zero one five three four. Welcome back, Handle
(27:20):
on the Law, Marginal Legal Advice, Yo, Dennis, Welcome to
the show.
Speaker 11 (27:25):
Yeah, Bill, Yeah, it's a I live in a four
unit condo Townhouses. My roof was leaking during the last rains.
I contacted DHLA. They say it's up to the board.
There's only four units.
Speaker 5 (27:40):
I'm not on the board.
Speaker 11 (27:42):
We've had some roofers come over for estimates. They say
it's it was not up to code. Now it's five
years out of warranty. Last thing I heard they were
going to check with a law office that had won
a similar lawsuit against the bill. Now I want to,
(28:02):
you know, kind of press on people. So what would
be the first okay, seeing.
Speaker 3 (28:07):
All right, so let me let me start with okay,
got it, So let me start with when was the
building built?
Speaker 5 (28:17):
Oh, fifteen years ago?
Speaker 2 (28:18):
Okay, So that's a problem.
Speaker 3 (28:20):
So when a lawsuit when it once against when against
the builder, if it is within ten years, the builder
is liable and you can see the builder after ten
years no longer liability. So now you have a situation
where the roof is leaking. Is the roof a common roof?
Is it considered that the HOA, that members of the
(28:43):
HOA own the entire roof together under the HOA.
Speaker 5 (28:47):
That's what the HOA told me.
Speaker 3 (28:50):
Well, no, you have to look at the CCNRS. What
they told you is one thing, and what the CCNRS
say are is specific. You have to look at that.
And if you are responsible for your own roof over
your own condo, which I think is hard to do
when you think about it, when there's four units, I
assume it's one building, correct.
Speaker 5 (29:09):
It's two buildings.
Speaker 3 (29:10):
Okay, all right, So now you have two buildings and
two common roofs I guess, or each party is responsible
for It depends on what the CCNR say. And now
you have a leak and you're making a claim against
the HOA for a defective roof. The roof has to
be replaced and it has to come out of the reserves,
(29:31):
because that's exactly what hoa's are about. And money is
put away in reserve by law and that's used for
exactly this sort of thing. And so if the money
is there, you go to the HOA and say the
money is there.
Speaker 12 (29:45):
That's it.
Speaker 2 (29:46):
Now.
Speaker 3 (29:46):
Has anybody actually repaired the roof or it's just time
to repair the roof?
Speaker 5 (29:51):
No, no repairs have been done.
Speaker 3 (29:52):
Okay, so now you're talking about just repairing the roof.
What are the bids to repair the roof? It's for unit,
it's forty grand, all right, yeah, all right, So it
doesn't matter if the roof leaks. The roof leaks, and
if it's common area, the HOA has to replace it.
Because we've got a hole in the in the roof
(30:15):
and only one unit is affected. No, it's still a
common roof. And so do you have to know about
the reserves that are in the HOA?
Speaker 4 (30:24):
No?
Speaker 2 (30:24):
All right, you want to find out.
Speaker 3 (30:25):
First off, there's any money, but you make a claim
against the HOA, and if the HOA says no, I
don't know what you can do except sue them, sue
your own h HOA. And the bottom line, unfortunately for
that is that you're paying for a lawyer to defend
(30:48):
a lawsuit against you because the HOA hires a lawyer.
So that's what you have to do. And you go
to someone who specializes in HOA. I've got a friend
of mine who does exactly He specializes in HOA law,
and that's that's what you need. But you know a
lot of issues here what the HOA says, who is
(31:09):
responsible with the CCNRSA, that sort of thing. Hello, Grace,
you're up, welcome to you handle the law? Yes, Grace, Hi, there.
Speaker 12 (31:18):
So quick question. We rented. We rented in Orange County.
We were there just under twelve months, which she knew
what she was doing. She basically showed up one day
and says, we're not going to extend the lease. I
thought we had a year lease, but it was month
to month. So she gave us a sixty day notice
and then shortly after that we were she said, hey, listen,
(31:43):
if you decide to move out, sooner. You know, I'm
happy to give you a refund of your your rent
because the plumbers need to get in. So they did
pull pormits for plumbing, so I wanted to see what
recourse we had to. Honestly, we were planning to stay
there forever.
Speaker 3 (32:03):
And you're not going to stay there forever, because yeah,
what city are you doing?
Speaker 9 (32:06):
You know what I mean?
Speaker 5 (32:07):
Yeah?
Speaker 2 (32:07):
What city are you? Steal Beach?
Speaker 3 (32:09):
Okay, I don't think Seal Beach has a rent control
if I'm not mistaken. So with that, your landlord has
every ability and right to toss you out, especially on
a month to month.
Speaker 2 (32:20):
When you say month to month least, that means no lease.
Speaker 3 (32:23):
But they have to give you sixty days notice if
the issue of plumbing, unless it is an emergency and
they have to come in and fix plumbing because water
is leaking all over the place, and then you have
some rights. But if that's not the case, they just
want to redo the plumbing and everything is working. Sure,
they can say tell you what will refund the money?
Speaker 2 (32:45):
Just say no. You can say no.
Speaker 3 (32:46):
You can say hey, I'm going to stay till the
very last day and you get and don't forget.
Speaker 2 (32:50):
You get relocation money too, you know that.
Speaker 12 (32:52):
Well, that's what I thought she wouldn't. That's why I
thought she asked to sleep. We didn't get any relocation money.
Speaker 2 (32:57):
Have you already moved?
Speaker 12 (32:58):
That's what I was thinking of.
Speaker 3 (32:59):
Oh yes, yes, Oh well now you're going backwards. Yeah,
I don't know. I think you're still entitled the relocation money,
and I don't know if it's what twenty twenty five
hundred dollars is under state law. And that's if it
was LA City, you'd be there forever. They could never
get you out. So yeah, yeah, you've got some rights,
(33:20):
I would you know, there are all kinds of websites
out there and talk about landlord tenant rights and they'll
even be specific as to your city and what your
rights are. But the answer to your question is you
don't have to leave. You have to leave after a year.
If you have a year's wait, or they have to
give you sixty days notice, then you have to leave
(33:42):
at that point. But if they comply, yeah, you're out
the door. And you try to go for the relocation
money which they are required to give you. Now, let
me spend a moment talking about your privacy and my privacy,
There ain't none. I can find out everything about you.
It is easy. It's all all available online. Your home address,
where you work, or your bank, where you buy, what
(34:04):
you buy, court records, accident histories, DMV information, credit score.
I could go on for five minutes. It's all out
there and it's not very hard to get Now, can
you get rid of it? Yeah, you get rid of
it by telling the data brokers to delete it, and
they have to. But there are hundreds of data brokers
(34:26):
out there that collect your information and then they sell
it to anyone who wants to buy it. There goes
your privacy. So I got to tell you you probably
have hundreds of data brokers selling your information. Why don't
you call hundreds of data brokers in the next ten
minutes and help yourself in terms of your privacy and
make sure your information isn't sold. And Cogniti does exactly that.
(34:49):
They contact hundreds of data brokers and legally demand that
your information be deleted and they have to and before
the show. Every time I do this, I log on
to my Incognitate account. They are hundreds of removal requests
on the record, hundreds more in progress and schedule that's.
Speaker 2 (35:06):
What Incogni does so well.
Speaker 3 (35:09):
Go to incogniti dot com slash handle sixty percent off
when you use mine in handle I N C O
G N I in Cogni dot com slash handle. That's
in Cognity dot com slash handle. This is handle on
the law.
Speaker 1 (35:26):
You've been listening to the Bill Handle Show. Catch my
show Monday through Friday, six am to nine am, and
anytime on demand on the iHeartRadio app
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