Episode Transcript
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Speaker 1 (00:00):
You're listening to camp I AM six forty the Bill
Handles show on demand on the iHeartRadio fat by AM
six forty. Go'll handle here. It's a Saturday morning, three
hours until eleven o'clock. See I figured that out. Eight
to eleven is three hours. Damn. I'm good. Following the
(00:21):
show is Rich Tomorrow the Tech Show, and then at
two o'clock this afternoon it's Neil Savadra who is with
me Monday through Friday, and today it's his show, The
Fork Report, and it's all things food. And on Friday
we do the Footy Friday segment at eight o'clock on
my morning show. Number eight hundred and five to two
(00:44):
zero one five three four. That's number to call for
legal advice, marginal and sometimes worse every once in a while. Good.
The point is you probably don't know how to figure
that out. And I'll tell you why, because I don't
know how to figure it out when the is good.
So the number is eight hundred five to two zero
one five three four. And since it is the start
(01:07):
of the first hour, at the top of the hour,
inevitably lines are always open. And here we go and
we still have oh, we have a couple of calls
coming in eight hundred five two zero one five three four.
And the rules have never changed since I started this
show decades ago. And if you are unintelligible and no
(01:30):
one can understand a word you are saying, you get
to the top of the list. If you have some
kind of special needs and you're having a hard time
even holding onto the phone, that's also very good for you.
If you are completely out of your mind, maybe you
have some mental issues and you make no sense whatsoever, Yeah,
(01:51):
that's good. And if a bunch of aliens are sitting
with you right now in the very room you are in,
and you are having all kinds of discussions and you say,
excuse me, I've got to talk to Bill, and then
we'll go back to dealing with you talking to me
and figuring out what human beings are like, that's also
very very good. Eight hundred and five two zero one
(02:14):
five three four. This is handle on the law, marginal
legal advice, where I tell you you have absolutely no
case a really interesting one dealing with discrimination. And everybody
has heard of and maybe some of you have dealt
with discrimination. Discrimination is sex, gender orientation, religion. That's a
(02:44):
given Okay, we've had African Americans sue. We've had gay
people sue, We've had various ethnicity sioue. Religious groups sue saying, hey,
I've been discriminated against because I am of a particular group,
minority group. And then you have the Big Five, which
(03:04):
by law, it's not really difficult to get damages if
you can prove any kind of discrimination, you're home free
ethnicity particularly or religious particularly. Now, how about discrimination against
the majority person, and that's called reverse discrimination where let's
(03:25):
say I, as a white person, am arguing I've been
discriminated because I am a white person. And normally that
wouldn't fly because white people are not a protected class.
As I mentioned, those groups of people are protected classes
where they have instant access to sue. The case will
(03:46):
not be dismissed. If you're a majority white person, No, no,
you're not protected. Well, there's a case that came up
in which the Supreme Court ruled nine zero in a
case for a woman who argued she was denied a
promotion because she was a hetero sexual. Again, not a
protected class. And now it makes it easy from people
(04:10):
with majority backgrounds such as white or straight people, to
pursue claims alleging workplace to reverse discrimination. This was a
lower court's decision in which it rejected a civil rights
lawsuit by this woman, Marlene Ams, straight woman, against her employer.
(04:31):
They were working at the Department of Youth Services in Ohio,
and it went up. She appealed it and the Supreme
Court said, yeah, yeah, agreed. You were denied a promotion
with the department because you are straight. A lesbian was
hired for the job. Instead, she was demoted to a
lower position with lower pay. A gay man ended up
(04:54):
taking her role her previous role, and court said, yeah,
you're done. You know you can't do that. That is
discrimination on its face. The first discrimination case, and I
studied this in law school, was a case called Baki
versus the Regions of the State of California. This guy,
David Bockie, tried to get into medical school. In those days,
(05:17):
they had requirements where race. It was a quota system,
so many blacks had to get in no matter what.
And he had better qualifications. He was more qualified than
the African American who actually got the spot. Now, this
is per the university. He met the requirements that they wanted,
(05:37):
and so you had an African American who grabbed this
spot in medical school, and he sued for reverse discrimination,
and the court said, yeah, and what they established is
race cannot be the only criteria. It can be a
criteria for the school to determine. That was the first
of racial discrimination cases reversus fromination cases. And now this
(06:01):
one incorporates a straight woman who said I'm straight and
I got nailed for it. All right, interesting case nine zero.
Even the most liberal courts. All right, let's go ahead
and take a phone call. Hello, Jeremy, welcome. What can
I do for you?
Speaker 2 (06:19):
Yeah, good morning. I just had a quick question.
Speaker 1 (06:23):
My wife and I bought my kids a car when
they turned sixteen and what it was about to turn eighteen.
Speaker 3 (06:28):
Is it beneficial for us to put the cars in
their name or keep it in our name.
Speaker 1 (06:33):
You put it in their name, absolutely, you yes, you
put it in their name. That's not to say when
your kid runs over a kindergarten class that's in a
crosswalk leaving school, that you're not going to get sued.
You are going to get sued, But let me tell you, you're
not going to be automatically responsible. I think you're going
to get out of it. The argument is, you're they're
(06:55):
still at home and negligent supervision. But I bought my
kid a car when they were eighteen, and the first
thing I did was transfer the car into their name,
handed them a piece. Yeah, and here's the other thing.
Your kid has no assets, right, So here's what my
(07:16):
kid does. My kid has minimal insurance, has liability, has
collision insurance comprehensive. And that's it. That's it. I have
a zillion dollars worth an insurance for my car and
if I put if I, if it was in my name,
I'd be paying an extra and extra three thousand dollars.
(07:36):
And so as I've told my kids, cars in your name,
kill anybody you want at that point, because it's on you, okay, listening.
Speaker 4 (07:44):
Listening to you has made me up my insurance as
much as I can afford.
Speaker 1 (07:47):
So then good for you. Good for you. But that's you,
that's you. You're not gonna get nailed. You know, your
kids can kill people. It's okay. They can run over people,
you know, as long as you don't, all right. And
the other thing is, so I bought my kid's a
car when they were eighteen years old. They're thirty now
and ever since then, every birthday, G dad, what are
(08:08):
we going to get for your birthday? I go? What's
out in the driveway? And every holiday season, honkah, they go,
G dad, what are we getting for honkah? Go out
there and look at the what's in the driveway? This
is twelve years later, right, my kids are about to
have a birthday. They're going to ask the same thing,
G Dad, you think i'd get a birthday present? What's
(08:30):
out in the driveway? I'm going to wait till that
car falls apart, and then we're going to talk about
it again. All right. Let me tell you about someone
that I live with who lives in intense chronic pain,
and I mean it can get pretty bad. And this
is twenty four to seven. This happens to be my wife, Lindsay,
and she deals with people who live in chronic pain.
(08:52):
She has friends, she has acquaintances, she has a podcast
in which it's all about chronic pain and trauma. And
this is how she deals with it. In many ways,
she helps people. And if you live in chronic pain,
or know someone who does, or you're treating dealing with it,
and I see this every minute, the pain Game podcast
(09:16):
is where I suggest you go. The guests have lived with,
dealt with. I mean, it just goes on and on
and it really helps people. This is how she helps herself.
Every episode ends with a message of hope, which is
difficult to have when you're in this kind of pain.
And you'll understand and this one is very counterintuitive. It
took me a long time to understand this. The show
is about giving pain purpose. You'll see what I'm talking
(09:39):
about when you listen to the podcasts podcast. It's the
Pain Game Podcast, the Pain Game Podcast. Wherever you listen
to podcasts, you can follow her on at the Pain
Game Podcast. That's our social address. Season three just started dropping,
and listen to the Pain Game Podcast. This is Handle
(10:01):
on the Law AFI Handle here Saturday morning, eight hundred
and five to zero one, five three four. Welcome back.
Handle on the Law. Marginal Legal Advice where I tell
you you speak, I'm sorry, I tell you have absolutely
no case. There's someone here as a case about speaking Dan.
(10:23):
Hey Dan, welcome.
Speaker 3 (10:27):
Hey Dan.
Speaker 5 (10:28):
Yeah, I'm here, I'm here.
Speaker 1 (10:29):
Yeah, go ahead.
Speaker 5 (10:31):
Okay, So this is a tough one. It's been bugging
me for quite some time now, about twenty years ago.
I worked at McDonald's, you know, one of my first
jobs after high school, and this was in a city
called Fontana. So I worked at McDonald's. This sounds bad,
but I was one of the only white people that
seemed like to work there, which a lot.
Speaker 2 (10:51):
Of people spoke Spanish.
Speaker 5 (10:53):
I was required to pretty much speak Spanish trying to
talk to people. The manager spoke no English. The manager
worked for and she actually had to talk to me
all the time through other people. There was no direct
talking to me. One day, a teacher's yelling at me
in Spanish, and I told her that she's going to
(11:15):
be a manager, she needs to start learn to seak English.
And then the next day I came in got fired
for being racist.
Speaker 3 (11:22):
Could I have sued?
Speaker 5 (11:23):
I mean, it's something that kind of held with me
my next job, you know.
Speaker 1 (11:27):
Could you you know what normally normally I would say,
of course, the statute of limitation is long gone. But
your good question that you said, could high a half
sued and yeah, obviously you can't. But the answer is no. No,
The answer is no. We don't have a national language
in the United States, and if you're dealing with a
(11:48):
Hispanic community in which the customers are Hispanic and the
people behind the counter are expected to speak Spanish in
dealing with the clientele that comes in. Absolutely And for
you to tell a manager you have to speak English,
I'd fire you for that.
Speaker 5 (12:10):
Okay, So I'd.
Speaker 1 (12:12):
Fire you for insubordination is what i'd fire you for.
That's basically it. I mean the racist part, yeah, I
don't know, that's kind of stupid. But and also keeping California.
I mean, I know Fontana, which by the way, is
called Fontucky for yeah, I know, it's it's a knock
on Fontana. It's a wonderful place and it's yeah in
(12:35):
California is the same way. It's most liberal state. And
so be prepared. As a matter of fact, you go
to a fast food established and which I do all
the time. What really I find interesting is everybody behind
the counter is completely bilingual today. I mean they're English
is as good as my English, and they're Spanish is
(12:58):
as good as anybody span and it says a native tongue.
And it used to be when you were that bilingual man,
did you have a heads up you could get a
job any place.
Speaker 4 (13:07):
Today?
Speaker 1 (13:07):
Eh, they expect everybody to do that. And they do.
So the answer is you, Uh, it would have been
dismissed instantly. Uh. That And the bottom line is there's
no policy that makes you speak English. As matter of fact,
if Iran McDonald's and I don't know if i'd hire
you if you didn't speak English, I mean, if you
didn't yeah, if you, uh, if you if you didn't
(13:28):
speak Spanish. So that's actually a pretty good question, and
people don't know that. Is that racist? Yeah, I guess
that's racist to an extent. Uh. But again, you know,
as I've said before, first of all, you have to
have you have to be a protected class speaking English,
and being white is not a protected class. Now being Hispanic, uh,
and suing because they don't speak English, different story, but
(13:51):
again the same rules apply. All right, Uh, yeah, Morris,
I'm Morris. Welcome.
Speaker 4 (14:00):
Yeah, good morning, Bill. I have a problem with the
city of Los Angeles.
Speaker 1 (14:06):
Course, how unusual. I never heard that before. All right,
what's your problem?
Speaker 4 (14:11):
This war has been going on for Patsmay nine years.
I had a disgruntled neighbor that had just bought his
property at the time, complained about everything and anything in
my in my yard, my garage and the building of
Safety sent me out notices that I refused to comply.
Speaker 1 (14:35):
They complied with what what what was their complaint.
Speaker 4 (14:38):
To open my garage? They want to look inside my garage?
Speaker 1 (14:43):
And why So let me ask you this, why why
wouldn't you open the garage and let him see it?
Just as a practical measure, I.
Speaker 4 (14:51):
Wanted to know what's on the complaint. They wouldn't tell
me who the complaint was.
Speaker 1 (14:55):
Yeah, they do that all the time. They never tell
you who's on the complaint. Do you what are you
having the gara that you don't want them to see?
Speaker 4 (15:02):
I'm staring property and under city ordinance on a double
car garage, you only have you only allowed to have
one car.
Speaker 1 (15:12):
Okay, So all right, So you're filling so okay, you're
filling up the garage and one car is blocked off, right,
so you're okay, you're violation. So you're violation, right, okay.
And by the way, you're not the only one. I
can't tell you how many garages that are open I
see that are jammed all the way up. So you've
(15:33):
got you have a somebody in the city who either
knows this next door neighbor or is a real jerk.
But if they want to enforce, they can enforce. They
have the ability to enforce. Because you're in violation and
you've got to and you've got a neighbor who is
just a complete pain in the ass, Why don't you
call them the neighbor and have them, you know, figure
(15:54):
out where the neighbors in violation. Everybody's in violation of
some kind or another.
Speaker 4 (15:59):
Well, at any rate, that's not it. This I received
They apparently they penalized in the city. After they come
out of inspection. There's fees you have to pay for
their inspection. Once I realized that I didn't want to
cooperate with them no more. That's it.
Speaker 1 (16:14):
How much was the fee? How much was how much
was the fee?
Speaker 4 (16:18):
Total? Almost fourteen hundred?
Speaker 1 (16:20):
WHOA, Well, you appeal that, you appeal that we again.
Why don't you call on the neighbor every week and
let him pay fourteen hundred dollars?
Speaker 4 (16:31):
Well, that's that's far issue from what's what's happening now.
I three two weeks ago received a letter from Building
in Safety to peer in court on Superior Court. In July.
They sent me a letter which is okay, I have
enough evidence to show that there's intent.
Speaker 1 (16:49):
Okay, so what we're going We're going way too long here.
Speaker 4 (16:52):
So they said, what another letter addressed to me to
my sister's address. My letter came sealed with the postage
meter stamped, and you know, sealed. The letter addressed to
me to my sister's address came unsealed for the purpose
of someone else to read it.
Speaker 1 (17:10):
Oh, how do you know? That was their purpose? That
was their purpose? You know exactly what their motivation is?
Speaker 4 (17:16):
Well, at any rate, hold on, hold.
Speaker 1 (17:18):
On, hold on. So you you put the guy who
sent it on the stand? Did were you did you motivate?
Were you motivated to make sure that somebody read the
letter other than Morris? You know that, he will say, yes,
that was my motivation. Where are you going with that, Morris?
Speaker 4 (17:35):
Well? Is it legal what they did?
Speaker 6 (17:37):
Yeah?
Speaker 1 (17:38):
How they held? Do I know? Is it legal?
Speaker 4 (17:40):
Yeah?
Speaker 1 (17:40):
It's not illegal. You know. So they said they made
a mistake, they sent their letter to the wrong person
and then someone didn't seal the letter. Why don't you
sue him for that? You know what, spend five thousand
dollars and have a judge throw you out?
Speaker 7 (17:52):
Sure?
Speaker 4 (17:53):
Why not? Good? Well, the argument right now, what the
issues with my neighbor and what they want. They got involved.
I found out why they got involved and why they
did this.
Speaker 1 (18:04):
Okay, why before we take a break.
Speaker 4 (18:06):
Why Okay, the adjoining fence part of the center block wall.
Part of it is a wooden picking fence. The center
block block wall got damaged from the nineteen ninety four earthquake.
At that time, I went to the previous owner and
asked him if he would go half or we have
the center block wall replaced. He didn't want to budget
(18:29):
the extra money to have the wing replace.
Speaker 1 (18:32):
Yeah, this is going long. This is going long.
Speaker 4 (18:36):
I let it go the new owner, which is my
next door neighbor, when they went on an inspection on
the property because see the center block wall is damaged.
Speaker 1 (18:44):
Okay, so you say no, you say no, you don't
have a duty to build or repair a center block wall.
Speaker 4 (18:51):
Well that's what the issues where they win.
Speaker 1 (18:54):
Okay the city Has the city said to you, Has
the city said you must rebuild your wall?
Speaker 4 (19:00):
No?
Speaker 1 (19:00):
They okay, nor are they going to all right more,
It's just just lost me on all this stuff. I
just sometimes, you know, just I go crazy. All right,
for take a break. I want to talk to you
about your business for a moment. One of the things
that's going on right now with the tariffs and just
the difficulty in business is doing business and the administrative
(19:21):
part of it. You know, for example, if you're doing
a whole lot of administration manually, don't you want to
spend time working on your business? And so let me
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your different departments. And you do have departments, you have accounting,
(19:44):
you want to do financial management, inventory, that's what I do.
That's what I do. Hr I mean, it's important even
if you have one or two employees, you got to
deal with all this. So NetSuite dot com slash handle
this puts all of that together, allowing you to do
your business faster, better and forecasting, which is so important today,
(20:06):
particularly today. So download the free cfo's Guide to AI
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do two million dollars a year or more, let me
suggest going to NetSuite dot com slash handle. That's NetSuite
(20:29):
dot com Sweet as an apples as an office suite,
NetSuite dot com slash handle. This is Handle on the Law.
You're listening to bill handle on demand from KFI AM
six forty KFI handle here on a Saturday morning. We
do have some lines open eight hundred five two zero
(20:51):
one five three four if you would like some advice
eight hundred five two zero one five three four and
welcome back Handle on the Law Marginal Legal Advice where
I tell you you have no case. Johnny, Hello, Johnny,
welcome to the program.
Speaker 2 (21:12):
Hello. Yes, I leaned some money to learn money to
a co worker. He signed an IOU agreement and it's
past er, So I'm gonna have to go down and
take them to small claims. Now, I's gonna ask you.
I've heard you say on your show that there's such
a thing as a hearing for examination of passe sets.
Do you like, yes, ask for that at the same
time it's a file or what?
Speaker 1 (21:33):
All right, let's uh, let me let me go backwards.
Speaker 2 (21:35):
How much did you loan your coworker eighteen hundred bucks?
Speaker 1 (21:39):
Eighteen hundred bucks. That's a chunk of money. Did when
you wrote a note. Was there a period in which
they had to pay back? Was there an interest amounts?
Speaker 2 (21:53):
Okay, angry just signed it. Payback by last week.
Speaker 1 (21:56):
And he had Okay, he just says I will return
the money last week and he hasn't returned it all yet.
The answer to your question is no, you're not going
to be able to get an examination of assets because
this is a post judgment issue that you are allowed to.
It's an examination of a judgment debtor where you sit
(22:20):
down under the penalty of perjury and you ask him
straight out, how much money do you have? Where are
you working? Uh? That's that's assuming he doesn't pay you
after judgment. You can't do it immediately. Are you still
working with him? By the way, Johnny, yes, boy, that
makes it fun. What do you guys do? Can I ask? Uh?
Speaker 2 (22:41):
Samples at Costco?
Speaker 4 (22:43):
Oh?
Speaker 1 (22:43):
You go out samples at Costco? Wow? You don't sound
like an old Korean lady. What's going on here?
Speaker 2 (22:50):
Well? Just supplement and Social Security income?
Speaker 1 (22:54):
Okay, you know, I understand a lot of people do that,
so you know, I'm just curious. This is nothing to
do with any Lee stuff because I go to Costco
twice a week. I especially when I'm hungry, I go
have lunch, and I always notice that when they have
like burritos and fried foods, the line is forever. And
then when they do those drinks that have vitamins and
know it, it bothers because it's horrible. What do you
(23:16):
work for a company? A company or several companies that
do those samples?
Speaker 2 (23:22):
This is a pretty called CDs and they contract us.
Speaker 1 (23:27):
Okay, yes, all right, what's the training? Well, what's the training?
Speaker 7 (23:31):
Uh?
Speaker 1 (23:31):
You know when they you know, cut up tortillas and stuff,
you know, with how much? How long do you train? Uh?
Speaker 2 (23:38):
Some people they just put right in there and you
learn as you earn. Okay, they have training videos. They're real.
They're real big on cleanliness and oh yeah, no they're there.
Speaker 1 (23:47):
Yeah they're No, they're pretty fan Yeah, they're pretty fanatic
on those. Okay, Well, sorry about that. I'm coffee. Okay,
So the answer is, uh, you can't do it. And
by the way, you must have been really close. What
kind of okay, what were you giving out and what
was he giving out when you loan the eighteen hundred dollars?
Speaker 3 (24:10):
Uh?
Speaker 2 (24:11):
The samples?
Speaker 4 (24:12):
Yeah?
Speaker 1 (24:13):
Yeah, what kind of samples? Were you handing out? What
was it he handing out? When the eighteen hundred dollars.
Speaker 2 (24:17):
It was a caramelized onion burger ooh ooh through So
I like that, like that was you?
Speaker 4 (24:26):
Right?
Speaker 1 (24:27):
Okay? How about your uh, your your buddy? How what
was he handing out?
Speaker 2 (24:32):
They have the vegetable spring rolls on sale for nine
ninety nine.
Speaker 1 (24:35):
This, well, okay, you know what that's legit. I mean,
you know you have two high end products. I'd loan
him eighteen hundred dollars based on that. So the quick
answer is you got to just sue him for the
eighteen hundred dollars. You have the note, thank goodness now,
and it's written that you have to pay it all back,
(24:56):
which is good for you because it wasn't payments. So
he's in breach. You're going to get a judgment, clearly,
I don't know what kind of defense he has, virtually none,
and then you are going to have to collect, and
he's got thirty days and then you can file the
judgment with the Marshall's office and you then you can
also call and that's what you're gonna have to do
(25:17):
for a collection, and you can also do that judgment,
debtor examination, and then ask and it's under the penalty
of perjury. So there you go. Thanks, Yeah, good luck.
Speaker 2 (25:28):
Yeah, he's been trying to he's been trying to pay
me incrementally, and is it wise of me not to
take anything lessening I would take.
Speaker 1 (25:35):
I would take everything he gives you. I would take
here here it is. He still owes you all of that.
Now a small claims judge will say, hey, he's paying
it off, Johnny, Now kick back, Relax, he's paying you.
How much did he pay you the twelve hundred bucks
or eighteen hundred dollars?
Speaker 2 (25:54):
He paid me nothing yet?
Speaker 1 (25:56):
All right, then you're gonna get a judge.
Speaker 4 (25:58):
Yeah.
Speaker 1 (25:58):
There a second. He hasn't paid me anything yet yet.
Where half he's Okay? All right, that made no sense,
So congratulations on that one. Yeah that sound good. Caramelized cheeseburger,
Oh with the caramelized onions. Very strong, very Also, you
fight not only they have the Korean ladies who serve
(26:21):
up at least my Costco, but you're fighting the Korean ladies.
They're making a mad dash for the samples. Dennis Hi, Dennis, welcome, Good.
Speaker 4 (26:33):
Morning, Bill.
Speaker 3 (26:34):
Yeah, okay, so I live in San Diego. I'm a
medical courier. I drive up to LA numerous times a week.
My car was rear rendered on the freeway. I found
getting it the work done up in LA was about
thirty percent cheaper than down here in San Diego. I
(26:55):
was getting my parts from a place. You don't want
names of companies on your No, I.
Speaker 1 (27:00):
Do not, No, I do not.
Speaker 2 (27:02):
All right, okay?
Speaker 3 (27:03):
Now, so then and I said, hey, guys, you have
somebody who can install this. Basically it's a Honda Civic.
I just needed the bumper.
Speaker 1 (27:11):
They hang on, hang on, hold on, You're making no sense.
You bought the parts on your own, correct, from the
gentleman from Okay, from a from a Okay, from a
private party you brought. You bought the parts, and you
went to someone else to install it.
Speaker 3 (27:27):
From a business, from a business. And I asked them,
you guys have anybody good that can do the root
work on my car?
Speaker 4 (27:34):
Okay?
Speaker 3 (27:35):
They referred me to somebody. We came to agreement for
one thousand dollars. I came up, left my car, I
rented another car from Enterprise, and I took a picture
of my mileage before I got out of the car.
The last three digits were two eighty two. When I
got it back it was four eighty or four fifty four.
(27:57):
Excuse okay? All right, okay, So one hundred and seventy
plus miles. A confront of the gentleman about it, he says, uh,
first he tried to lie. Oh, we took it to promoter.
Then he backed up on that to get the work done.
And it's right in the mission district.
Speaker 1 (28:15):
I don't care where it is, yeah, Dennis, I don't
care where it is. Wait, you tell me what streets?
Speaker 6 (28:19):
He went on.
Speaker 1 (28:20):
All right, So what's your question?
Speaker 2 (28:22):
You it not done? Not done?
Speaker 3 (28:24):
Okay, the work was done, it's acceptable. But I looked
underneath the bumper. All the parts that I bought were
not installed. The metal parts that were bent and broken
were not installed.
Speaker 1 (28:38):
Okay, so they were still they were still broken parts
in there. Okay, got it.
Speaker 3 (28:42):
What's your question? Okay? And when I confronted him about it,
he said, uh, don't come around. I'll kill you.
Speaker 1 (28:51):
Okay, great, all right, what's your question?
Speaker 2 (28:54):
What do I do?
Speaker 1 (28:55):
Okay? First of all, you call the police on the threat.
That's for starters immediately. Second ball, you've got a situation
where the parts. Uh, you know, it's gonna cost X
number of dollars to have someone install the parts. That's damages,
that's out of pocket damages. And if they kept the parts,
then it's whatever it costs to buy new parts. And
as far as the mileage is concerned, I'm sorry, go ahead, No,
(29:19):
go on you I'm sorry.
Speaker 2 (29:21):
I interrupted.
Speaker 4 (29:21):
Gohe yeah you did.
Speaker 1 (29:22):
And then you're talking about the value of the damages
that you want to get for the mileage, right, I.
Speaker 3 (29:28):
Don't know how that's pretty okay.
Speaker 1 (29:30):
Let me ask, okay, let me ask. Let me ask
you a quick question. How many miles does the car
have on it?
Speaker 5 (29:37):
Um?
Speaker 1 (29:40):
How many miles do you have?
Speaker 3 (29:41):
You know, gosh, man, you're gonna kill me on that.
Speaker 1 (29:46):
How many you know?
Speaker 7 (29:47):
What is that is?
Speaker 1 (29:48):
That? Is that a difficult question? How many miles do
you have on it?
Speaker 2 (29:52):
Yes?
Speaker 3 (29:52):
It is because you're gonna just roll me over because
of that. You don't understand I build.
Speaker 1 (29:58):
All right, and here's the bottom line. All right, I'm
going to roll him over. The point is that an
extra two hundred miles? Yes, there is some diminishment of value.
How many miles do you have on your car? Which,
of course he wouldn't tell me. So let's say it's
one hundred thousand miles, which he probably has more. Adding
two hundred miles to that, Boy, that really diminishes the
(30:22):
value of the car, doesn't it. Now, if you can
prove some diminishment of the value, yeah, it's a lawsuit
the rest of it. No, it's also a violation of law,
federal law to screw around with an odometer. So you
want to go there, But it's not a question of
are the any damages that you occur Unless there are
(30:42):
statutory damages that I'm not aware of, there could very
well be. This is handle odd the law. He welcome back,
handle here on a Saturday morning eight hundred five two
zero one five three four and welcome back or handle
on the marginal legal advice or I tell you you
(31:04):
have no case? Jan, Hello, Jan, you're up?
Speaker 3 (31:10):
Hi Bill?
Speaker 7 (31:11):
Hey, I got a question about our family trust. We
had made our trust up when my husband was still alive,
but he has since passed and I would like to
change the trust from all of our children to just
some of the children. What do you say about that?
Speaker 1 (31:29):
Okay, first of all, I wouldn't want to be one
of the kids that you are disinheriting me no longer
being a beneficiary. That's for starters. Now your original trust.
And these are way most trusts are written. It's you
and your husband wrote the trust. Correct, yes, okay, And
in the event he dies or you die, all the
(31:49):
money goes to the other spouse, the trust goes and
all control goes to the other spouse. Correct, correct, Okay. Yeah,
that's the way trusts are written. Ninety nine percent of them. Okay,
here's the bottom line. You as the trust store, and
that is the person who has the assets and is
writing the trust, can change it as often as you want.
Speaker 2 (32:12):
Jan you can do it.
Speaker 1 (32:15):
You can do it tomorrow. You can do it a
week from tomorrow. You can do it tomorrow and a
week from tomorrow. And I change my family trust all
the time. Whenever I'm unhappy with my two daughters. If
I'm unhappy with one of them, I look at the
I show them the trust, I go your sister gets everything.
You know, you're screwed, and the other. And then the
(32:35):
next week it's the other way. So yeah, go ahead,
knock your socks off. You can change it as often
as you want. Ronald, Hi, Ronald you're up. Welcome, Hi Jill.
How you doing? Man?
Speaker 8 (32:47):
Good to seeing.
Speaker 1 (32:47):
All right, We're gonna do for you. Ronald.
Speaker 8 (32:50):
I incurred a metal expense, a laboratory expense at the
end of twenty twenty three. I was doing for it
and paid it off in April of twenty twenty four.
And these people have to continued to done me for
this thing.
Speaker 1 (33:09):
Yeah, they do that?
Speaker 2 (33:09):
What what what did you?
Speaker 1 (33:11):
What was a medical procedure that you underwent? Ronald? It
was a you know, a laboratory example, Okay, and they
just and they just build you for it, and you
paid them off and they're still paying and they're still
doning you all right. Uh. And I'm assuming you've called
them and you've showed them the payment, correct?
Speaker 4 (33:27):
Yeah?
Speaker 8 (33:28):
I had, Yes, they received it by meil, I had
the okay, all right.
Speaker 1 (33:32):
Have they acknowledged Have they acknowledged receiving it? No? All right,
all right, So what's your question? So?
Speaker 8 (33:42):
Uh what should I do?
Speaker 1 (33:44):
Okay? Good question? Ah? Hi, You see, even I knew
this way it was gonna go, all right, I would
just keep on. I would just keep on sending them
the payment schedule. That's all. Just prove it. Are they
doing it via I'm sorry, I'm.
Speaker 8 (34:00):
Trying to be in bothering with these people.
Speaker 1 (34:02):
Just keep on, just keep on sending them proof. That's
all you do. Keep on sending them proof you paid it,
and then pray that they either done your credit ding
your credit and or file a lawsuit. Pray they do that,
because after you've sent them proof of payment a dozen times. Uh,
they're going to have a hard time defending your lawsuit.
Speaker 4 (34:24):
Okay, that's what you do.
Speaker 1 (34:26):
Just keep on sending it back. Yeah, no, it's yeah,
it's easy. And if it's on email, that's the easiest
thing in the world because you already have it. Just
press send over and over again. Easy. Easy.
Speaker 4 (34:39):
Cora, Hi Cora, Hi Bill.
Speaker 6 (34:43):
About my mom falling to fail in a plaza. It
was like uneven pavements and the person came out. The
property management gave us the quan to complete so that
they will reach out within a particular time period. And
it's been about too long beyond that time period.
Speaker 1 (35:01):
Okay, how badly was okay? How badly was your mom hurt?
Speaker 6 (35:07):
Pretty bad? Lacy. The ambulance was called. She had issues
with her back forward a little bit.
Speaker 1 (35:13):
But she okay, Okay, that's not really banged up. How
she's doing now? Does she have permanent damage of any kind?
Speaker 6 (35:21):
No permanent damage?
Speaker 1 (35:23):
All right, Wow, you could go to a personal injury
attorn er attorney. Don't I would just keep on harassing
them at this point. It's that simple because they don't
have to respond. I mean, there's no duty. They can
just ignore it and then you get to sue them.
(35:43):
I'm surprised that they have not yet come back to you.
What timeline did they say they would they would get
back to.
Speaker 6 (35:51):
You in They said that we should receive a response
according to the paperwork re Form within forty eight hours.
Speaker 1 (35:58):
Oh and they're two months. Oh yeah, yeah, yeah, don't
worry about it, handling it. Yeah, it doesn't matter, that
doesn't Yeah, it doesn't matter that you're out of state. Yeah,
it's it's two months. I would just keep on harassing them,
that's all. Just keep on calling or sending emails, because
there's nothing going to happen after two months. This is
an insurance company, and insurance companies take forever. I mean,
(36:20):
it's a drag or they didn't turn it over their
insurance company. And yeah, two months in this day and
age means nothing. Hear that. That is a package of
Zelman's minty Mouth. And here's what you do. You take
two or three of these little capsules because I have
coffee breath right now, real bad coffee breath, and you
(36:42):
put them in your mouth and covered with this very
strong minty covering. And then when that part is gone,
it's going to be in a few minutes. I'm going
to have fresh, clean breath for hours now. Once they yeah,
it's really good. Once the mint part is finished, then
I swallow them or you can bite into them and
(37:05):
the partially sheet oil inside the capsules go to work
inside your gut. And that's where bad breath can start.
Oh it's a good, good mint flavor can start and
does stay there and no mint does that. That's Zelman's
mintye mouth. And boy does it work. If you're inested
in good breath, clean for it, breath, fresh breath, then
(37:27):
you want to try this. So here's their offer. Oh
torry about that. I'm going to prove to you they work.
Here's their offer. If you buy a five pack of Zelmans,
you are going to get twenty percent off. Say, I've
never seen this before. Twenty percent off with a five
pack of Zelmans. And here's how you do it. You
(37:51):
go to Zelmans dot com PFI hold, I'm gonna swallow. Okay,
now that it's gonna start to work in my guy.
Zelmans dot com slash k f I z E l
m I n S Zelmans dot com slash k f
I twenty percent off on a five pack Zelmans dot
(38:13):
com slash kf I. This is Handle on the Law.
You're listening to Bill Handle on Demand from k f
I A M six forty
You're listening to camp I AM six forty the Bill
Handles show on demand on the iHeartRadio fat by AM
six forty. Go'll handle here. It's a Saturday morning, three
hours until eleven o'clock. See I figured that out. Eight
to eleven is three hours. Damn. I'm good. Following the
(00:21):
show is Rich Tomorrow the Tech Show, and then at
two o'clock this afternoon it's Neil Savadra who is with
me Monday through Friday, and today it's his show, The
Fork Report, and it's all things food. And on Friday
we do the Footy Friday segment at eight o'clock on
my morning show. Number eight hundred and five to two
(00:44):
zero one five three four. That's number to call for
legal advice, marginal and sometimes worse every once in a while. Good.
The point is you probably don't know how to figure
that out. And I'll tell you why, because I don't
know how to figure it out when the is good.
So the number is eight hundred five to two zero
one five three four. And since it is the start
(01:07):
of the first hour, at the top of the hour,
inevitably lines are always open. And here we go and
we still have oh, we have a couple of calls
coming in eight hundred five two zero one five three four.
And the rules have never changed since I started this
show decades ago. And if you are unintelligible and no
(01:30):
one can understand a word you are saying, you get
to the top of the list. If you have some
kind of special needs and you're having a hard time
even holding onto the phone, that's also very good for you.
If you are completely out of your mind, maybe you
have some mental issues and you make no sense whatsoever, Yeah,
(01:51):
that's good. And if a bunch of aliens are sitting
with you right now in the very room you are in,
and you are having all kinds of discussions and you say,
excuse me, I've got to talk to Bill, and then
we'll go back to dealing with you talking to me
and figuring out what human beings are like, that's also
very very good. Eight hundred and five two zero one
(02:14):
five three four. This is handle on the law, marginal
legal advice, where I tell you you have absolutely no
case a really interesting one dealing with discrimination. And everybody
has heard of and maybe some of you have dealt
with discrimination. Discrimination is sex, gender orientation, religion. That's a
(02:44):
given Okay, we've had African Americans sue. We've had gay
people sue, We've had various ethnicity sioue. Religious groups sue saying, hey,
I've been discriminated against because I am of a particular group,
minority group. And then you have the Big Five, which
(03:04):
by law, it's not really difficult to get damages if
you can prove any kind of discrimination, you're home free
ethnicity particularly or religious particularly. Now, how about discrimination against
the majority person, and that's called reverse discrimination where let's
(03:25):
say I, as a white person, am arguing I've been
discriminated because I am a white person. And normally that
wouldn't fly because white people are not a protected class.
As I mentioned, those groups of people are protected classes
where they have instant access to sue. The case will
(03:46):
not be dismissed. If you're a majority white person, No, no,
you're not protected. Well, there's a case that came up
in which the Supreme Court ruled nine zero in a
case for a woman who argued she was denied a
promotion because she was a hetero sexual. Again, not a
protected class. And now it makes it easy from people
(04:10):
with majority backgrounds such as white or straight people, to
pursue claims alleging workplace to reverse discrimination. This was a
lower court's decision in which it rejected a civil rights
lawsuit by this woman, Marlene Ams, straight woman, against her employer.
(04:31):
They were working at the Department of Youth Services in Ohio,
and it went up. She appealed it and the Supreme
Court said, yeah, yeah, agreed. You were denied a promotion
with the department because you are straight. A lesbian was
hired for the job. Instead, she was demoted to a
lower position with lower pay. A gay man ended up
(04:54):
taking her role her previous role, and court said, yeah,
you're done. You know you can't do that. That is
discrimination on its face. The first discrimination case, and I
studied this in law school, was a case called Baki
versus the Regions of the State of California. This guy,
David Bockie, tried to get into medical school. In those days,
(05:17):
they had requirements where race. It was a quota system,
so many blacks had to get in no matter what.
And he had better qualifications. He was more qualified than
the African American who actually got the spot. Now, this
is per the university. He met the requirements that they wanted,
(05:37):
and so you had an African American who grabbed this
spot in medical school, and he sued for reverse discrimination,
and the court said, yeah, and what they established is
race cannot be the only criteria. It can be a
criteria for the school to determine. That was the first
of racial discrimination cases reversus fromination cases. And now this
(06:01):
one incorporates a straight woman who said I'm straight and
I got nailed for it. All right, interesting case nine zero.
Even the most liberal courts. All right, let's go ahead
and take a phone call. Hello, Jeremy, welcome. What can
I do for you?
Speaker 2 (06:19):
Yeah, good morning. I just had a quick question.
Speaker 1 (06:23):
My wife and I bought my kids a car when
they turned sixteen and what it was about to turn eighteen.
Speaker 3 (06:28):
Is it beneficial for us to put the cars in
their name or keep it in our name.
Speaker 1 (06:33):
You put it in their name, absolutely, you yes, you
put it in their name. That's not to say when
your kid runs over a kindergarten class that's in a
crosswalk leaving school, that you're not going to get sued.
You are going to get sued, But let me tell you, you're
not going to be automatically responsible. I think you're going
to get out of it. The argument is, you're they're
(06:55):
still at home and negligent supervision. But I bought my
kid a car when they were eighteen, and the first
thing I did was transfer the car into their name,
handed them a piece. Yeah, and here's the other thing.
Your kid has no assets, right, So here's what my
(07:16):
kid does. My kid has minimal insurance, has liability, has
collision insurance comprehensive. And that's it. That's it. I have
a zillion dollars worth an insurance for my car and
if I put if I, if it was in my name,
I'd be paying an extra and extra three thousand dollars.
(07:36):
And so as I've told my kids, cars in your name,
kill anybody you want at that point, because it's on you, okay, listening.
Speaker 4 (07:44):
Listening to you has made me up my insurance as
much as I can afford.
Speaker 1 (07:47):
So then good for you. Good for you. But that's you,
that's you. You're not gonna get nailed. You know, your
kids can kill people. It's okay. They can run over people,
you know, as long as you don't, all right. And
the other thing is, so I bought my kid's a
car when they were eighteen years old. They're thirty now
and ever since then, every birthday, G dad, what are
(08:08):
we going to get for your birthday? I go? What's
out in the driveway? And every holiday season, honkah, they go,
G dad, what are we getting for honkah? Go out
there and look at the what's in the driveway? This
is twelve years later, right, my kids are about to
have a birthday. They're going to ask the same thing,
G Dad, you think i'd get a birthday present? What's
(08:30):
out in the driveway? I'm going to wait till that
car falls apart, and then we're going to talk about
it again. All right. Let me tell you about someone
that I live with who lives in intense chronic pain,
and I mean it can get pretty bad. And this
is twenty four to seven. This happens to be my wife, Lindsay,
and she deals with people who live in chronic pain.
(08:52):
She has friends, she has acquaintances, she has a podcast
in which it's all about chronic pain and trauma. And
this is how she deals with it. In many ways,
she helps people. And if you live in chronic pain,
or know someone who does, or you're treating dealing with it,
and I see this every minute, the pain Game podcast
(09:16):
is where I suggest you go. The guests have lived with,
dealt with. I mean, it just goes on and on
and it really helps people. This is how she helps herself.
Every episode ends with a message of hope, which is
difficult to have when you're in this kind of pain.
And you'll understand and this one is very counterintuitive. It
took me a long time to understand this. The show
is about giving pain purpose. You'll see what I'm talking
(09:39):
about when you listen to the podcasts podcast. It's the
Pain Game Podcast, the Pain Game Podcast. Wherever you listen
to podcasts, you can follow her on at the Pain
Game Podcast. That's our social address. Season three just started dropping,
and listen to the Pain Game Podcast. This is Handle
(10:01):
on the Law AFI Handle here Saturday morning, eight hundred
and five to zero one, five three four. Welcome back.
Handle on the Law. Marginal Legal Advice where I tell
you you speak, I'm sorry, I tell you have absolutely
no case. There's someone here as a case about speaking Dan.
(10:23):
Hey Dan, welcome.
Speaker 3 (10:27):
Hey Dan.
Speaker 5 (10:28):
Yeah, I'm here, I'm here.
Speaker 1 (10:29):
Yeah, go ahead.
Speaker 5 (10:31):
Okay, So this is a tough one. It's been bugging
me for quite some time now, about twenty years ago.
I worked at McDonald's, you know, one of my first
jobs after high school, and this was in a city
called Fontana. So I worked at McDonald's. This sounds bad,
but I was one of the only white people that
seemed like to work there, which a lot.
Speaker 2 (10:51):
Of people spoke Spanish.
Speaker 5 (10:53):
I was required to pretty much speak Spanish trying to
talk to people. The manager spoke no English. The manager
worked for and she actually had to talk to me
all the time through other people. There was no direct
talking to me. One day, a teacher's yelling at me
in Spanish, and I told her that she's going to
(11:15):
be a manager, she needs to start learn to seak English.
And then the next day I came in got fired
for being racist.
Speaker 3 (11:22):
Could I have sued?
Speaker 5 (11:23):
I mean, it's something that kind of held with me
my next job, you know.
Speaker 1 (11:27):
Could you you know what normally normally I would say,
of course, the statute of limitation is long gone. But
your good question that you said, could high a half
sued and yeah, obviously you can't. But the answer is no. No,
The answer is no. We don't have a national language
in the United States, and if you're dealing with a
(11:48):
Hispanic community in which the customers are Hispanic and the
people behind the counter are expected to speak Spanish in
dealing with the clientele that comes in. Absolutely And for
you to tell a manager you have to speak English,
I'd fire you for that.
Speaker 5 (12:10):
Okay, So I'd.
Speaker 1 (12:12):
Fire you for insubordination is what i'd fire you for.
That's basically it. I mean the racist part, yeah, I
don't know, that's kind of stupid. But and also keeping California.
I mean, I know Fontana, which by the way, is
called Fontucky for yeah, I know, it's it's a knock
on Fontana. It's a wonderful place and it's yeah in
(12:35):
California is the same way. It's most liberal state. And
so be prepared. As a matter of fact, you go
to a fast food established and which I do all
the time. What really I find interesting is everybody behind
the counter is completely bilingual today. I mean they're English
is as good as my English, and they're Spanish is
(12:58):
as good as anybody span and it says a native tongue.
And it used to be when you were that bilingual man,
did you have a heads up you could get a
job any place.
Speaker 4 (13:07):
Today?
Speaker 1 (13:07):
Eh, they expect everybody to do that. And they do.
So the answer is you, Uh, it would have been
dismissed instantly. Uh. That And the bottom line is there's
no policy that makes you speak English. As matter of fact,
if Iran McDonald's and I don't know if i'd hire
you if you didn't speak English, I mean, if you
didn't yeah, if you, uh, if you if you didn't
(13:28):
speak Spanish. So that's actually a pretty good question, and
people don't know that. Is that racist? Yeah, I guess
that's racist to an extent. Uh. But again, you know,
as I've said before, first of all, you have to
have you have to be a protected class speaking English,
and being white is not a protected class. Now being Hispanic, uh,
and suing because they don't speak English, different story, but
(13:51):
again the same rules apply. All right, Uh, yeah, Morris,
I'm Morris. Welcome.
Speaker 4 (14:00):
Yeah, good morning, Bill. I have a problem with the
city of Los Angeles.
Speaker 1 (14:06):
Course, how unusual. I never heard that before. All right,
what's your problem?
Speaker 4 (14:11):
This war has been going on for Patsmay nine years.
I had a disgruntled neighbor that had just bought his
property at the time, complained about everything and anything in
my in my yard, my garage and the building of
Safety sent me out notices that I refused to comply.
Speaker 1 (14:35):
They complied with what what what was their complaint.
Speaker 4 (14:38):
To open my garage? They want to look inside my garage?
Speaker 1 (14:43):
And why So let me ask you this, why why
wouldn't you open the garage and let him see it?
Just as a practical measure, I.
Speaker 4 (14:51):
Wanted to know what's on the complaint. They wouldn't tell
me who the complaint was.
Speaker 1 (14:55):
Yeah, they do that all the time. They never tell
you who's on the complaint. Do you what are you
having the gara that you don't want them to see?
Speaker 4 (15:02):
I'm staring property and under city ordinance on a double
car garage, you only have you only allowed to have
one car.
Speaker 1 (15:12):
Okay, So all right, So you're filling so okay, you're
filling up the garage and one car is blocked off, right,
so you're okay, you're violation. So you're violation, right, okay.
And by the way, you're not the only one. I
can't tell you how many garages that are open I
see that are jammed all the way up. So you've
(15:33):
got you have a somebody in the city who either
knows this next door neighbor or is a real jerk.
But if they want to enforce, they can enforce. They
have the ability to enforce. Because you're in violation and
you've got to and you've got a neighbor who is
just a complete pain in the ass, Why don't you
call them the neighbor and have them, you know, figure
(15:54):
out where the neighbors in violation. Everybody's in violation of
some kind or another.
Speaker 4 (15:59):
Well, at any rate, that's not it. This I received
They apparently they penalized in the city. After they come
out of inspection. There's fees you have to pay for
their inspection. Once I realized that I didn't want to
cooperate with them no more. That's it.
Speaker 1 (16:14):
How much was the fee? How much was how much
was the fee?
Speaker 4 (16:18):
Total? Almost fourteen hundred?
Speaker 1 (16:20):
WHOA, Well, you appeal that, you appeal that we again.
Why don't you call on the neighbor every week and
let him pay fourteen hundred dollars?
Speaker 4 (16:31):
Well, that's that's far issue from what's what's happening now.
I three two weeks ago received a letter from Building
in Safety to peer in court on Superior Court. In July.
They sent me a letter which is okay, I have
enough evidence to show that there's intent.
Speaker 1 (16:49):
Okay, so what we're going We're going way too long here.
Speaker 4 (16:52):
So they said, what another letter addressed to me to
my sister's address. My letter came sealed with the postage
meter stamped, and you know, sealed. The letter addressed to
me to my sister's address came unsealed for the purpose
of someone else to read it.
Speaker 1 (17:10):
Oh, how do you know? That was their purpose? That
was their purpose? You know exactly what their motivation is?
Speaker 4 (17:16):
Well, at any rate, hold on, hold.
Speaker 1 (17:18):
On, hold on. So you you put the guy who
sent it on the stand? Did were you did you motivate?
Were you motivated to make sure that somebody read the
letter other than Morris? You know that, he will say, yes,
that was my motivation. Where are you going with that, Morris?
Speaker 4 (17:35):
Well? Is it legal what they did?
Speaker 6 (17:37):
Yeah?
Speaker 1 (17:38):
How they held? Do I know? Is it legal?
Speaker 4 (17:40):
Yeah?
Speaker 1 (17:40):
It's not illegal. You know. So they said they made
a mistake, they sent their letter to the wrong person
and then someone didn't seal the letter. Why don't you
sue him for that? You know what, spend five thousand
dollars and have a judge throw you out?
Speaker 7 (17:52):
Sure?
Speaker 4 (17:53):
Why not? Good? Well, the argument right now, what the
issues with my neighbor and what they want. They got involved.
I found out why they got involved and why they
did this.
Speaker 1 (18:04):
Okay, why before we take a break.
Speaker 4 (18:06):
Why Okay, the adjoining fence part of the center block wall.
Part of it is a wooden picking fence. The center
block block wall got damaged from the nineteen ninety four earthquake.
At that time, I went to the previous owner and
asked him if he would go half or we have
the center block wall replaced. He didn't want to budget
(18:29):
the extra money to have the wing replace.
Speaker 1 (18:32):
Yeah, this is going long. This is going long.
Speaker 4 (18:36):
I let it go the new owner, which is my
next door neighbor, when they went on an inspection on
the property because see the center block wall is damaged.
Speaker 1 (18:44):
Okay, so you say no, you say no, you don't
have a duty to build or repair a center block wall.
Speaker 4 (18:51):
Well that's what the issues where they win.
Speaker 1 (18:54):
Okay the city Has the city said to you, Has
the city said you must rebuild your wall?
Speaker 4 (19:00):
No?
Speaker 1 (19:00):
They okay, nor are they going to all right more,
It's just just lost me on all this stuff. I
just sometimes, you know, just I go crazy. All right,
for take a break. I want to talk to you
about your business for a moment. One of the things
that's going on right now with the tariffs and just
the difficulty in business is doing business and the administrative
(19:21):
part of it. You know, for example, if you're doing
a whole lot of administration manually, don't you want to
spend time working on your business? And so let me
suggest net Suite. Now. NetSuite is the number one cloud
business management system, and what it does is all of
your different departments. And you do have departments, you have accounting,
(19:44):
you want to do financial management, inventory, that's what I do.
That's what I do. Hr I mean, it's important even
if you have one or two employees, you got to
deal with all this. So NetSuite dot com slash handle
this puts all of that together, allowing you to do
your business faster, better and forecasting, which is so important today,
(20:06):
particularly today. So download the free cfo's Guide to AI
Machine Learning. The download is free to see if NETSUITEK
can help your business, and it's helped forty one thousand
businesses so far, so they're doing something right. If you
do two million dollars a year or more, let me
suggest going to NetSuite dot com slash handle. That's NetSuite
(20:29):
dot com Sweet as an apples as an office suite,
NetSuite dot com slash handle. This is Handle on the Law.
You're listening to bill handle on demand from KFI AM
six forty KFI handle here on a Saturday morning. We
do have some lines open eight hundred five two zero
(20:51):
one five three four if you would like some advice
eight hundred five two zero one five three four and
welcome back Handle on the Law Marginal Legal Advice where
I tell you you have no case. Johnny, Hello, Johnny,
welcome to the program.
Speaker 2 (21:12):
Hello. Yes, I leaned some money to learn money to
a co worker. He signed an IOU agreement and it's
past er, So I'm gonna have to go down and
take them to small claims. Now, I's gonna ask you.
I've heard you say on your show that there's such
a thing as a hearing for examination of passe sets.
Do you like, yes, ask for that at the same
time it's a file or what?
Speaker 1 (21:33):
All right, let's uh, let me let me go backwards.
Speaker 2 (21:35):
How much did you loan your coworker eighteen hundred bucks?
Speaker 1 (21:39):
Eighteen hundred bucks. That's a chunk of money. Did when
you wrote a note. Was there a period in which
they had to pay back? Was there an interest amounts?
Speaker 2 (21:53):
Okay, angry just signed it. Payback by last week.
Speaker 1 (21:56):
And he had Okay, he just says I will return
the money last week and he hasn't returned it all yet.
The answer to your question is no, you're not going
to be able to get an examination of assets because
this is a post judgment issue that you are allowed to.
It's an examination of a judgment debtor where you sit
(22:20):
down under the penalty of perjury and you ask him
straight out, how much money do you have? Where are
you working? Uh? That's that's assuming he doesn't pay you
after judgment. You can't do it immediately. Are you still
working with him? By the way, Johnny, yes, boy, that
makes it fun. What do you guys do? Can I ask? Uh?
Speaker 2 (22:41):
Samples at Costco?
Speaker 4 (22:43):
Oh?
Speaker 1 (22:43):
You go out samples at Costco? Wow? You don't sound
like an old Korean lady. What's going on here?
Speaker 2 (22:50):
Well? Just supplement and Social Security income?
Speaker 1 (22:54):
Okay, you know, I understand a lot of people do that,
so you know, I'm just curious. This is nothing to
do with any Lee stuff because I go to Costco
twice a week. I especially when I'm hungry, I go
have lunch, and I always notice that when they have
like burritos and fried foods, the line is forever. And
then when they do those drinks that have vitamins and
know it, it bothers because it's horrible. What do you
(23:16):
work for a company? A company or several companies that
do those samples?
Speaker 2 (23:22):
This is a pretty called CDs and they contract us.
Speaker 1 (23:27):
Okay, yes, all right, what's the training? Well, what's the training?
Speaker 7 (23:31):
Uh?
Speaker 1 (23:31):
You know when they you know, cut up tortillas and stuff,
you know, with how much? How long do you train? Uh?
Speaker 2 (23:38):
Some people they just put right in there and you
learn as you earn. Okay, they have training videos. They're real.
They're real big on cleanliness and oh yeah, no they're there.
Speaker 1 (23:47):
Yeah they're No, they're pretty fan Yeah, they're pretty fanatic
on those. Okay, Well, sorry about that. I'm coffee. Okay,
So the answer is, uh, you can't do it. And
by the way, you must have been really close. What
kind of okay, what were you giving out and what
was he giving out when you loan the eighteen hundred dollars?
Speaker 3 (24:10):
Uh?
Speaker 2 (24:11):
The samples?
Speaker 4 (24:12):
Yeah?
Speaker 1 (24:13):
Yeah, what kind of samples? Were you handing out? What
was it he handing out? When the eighteen hundred dollars.
Speaker 2 (24:17):
It was a caramelized onion burger ooh ooh through So
I like that, like that was you?
Speaker 4 (24:26):
Right?
Speaker 1 (24:27):
Okay? How about your uh, your your buddy? How what
was he handing out?
Speaker 2 (24:32):
They have the vegetable spring rolls on sale for nine
ninety nine.
Speaker 1 (24:35):
This, well, okay, you know what that's legit. I mean,
you know you have two high end products. I'd loan
him eighteen hundred dollars based on that. So the quick
answer is you got to just sue him for the
eighteen hundred dollars. You have the note, thank goodness now,
and it's written that you have to pay it all back,
(24:56):
which is good for you because it wasn't payments. So
he's in breach. You're going to get a judgment, clearly,
I don't know what kind of defense he has, virtually none,
and then you are going to have to collect, and
he's got thirty days and then you can file the
judgment with the Marshall's office and you then you can
also call and that's what you're gonna have to do
(25:17):
for a collection, and you can also do that judgment,
debtor examination, and then ask and it's under the penalty
of perjury. So there you go. Thanks, Yeah, good luck.
Speaker 2 (25:28):
Yeah, he's been trying to he's been trying to pay
me incrementally, and is it wise of me not to
take anything lessening I would take.
Speaker 1 (25:35):
I would take everything he gives you. I would take
here here it is. He still owes you all of that.
Now a small claims judge will say, hey, he's paying
it off, Johnny, Now kick back, Relax, he's paying you.
How much did he pay you the twelve hundred bucks
or eighteen hundred dollars?
Speaker 2 (25:54):
He paid me nothing yet?
Speaker 1 (25:56):
All right, then you're gonna get a judge.
Speaker 4 (25:58):
Yeah.
Speaker 1 (25:58):
There a second. He hasn't paid me anything yet yet.
Where half he's Okay? All right, that made no sense,
So congratulations on that one. Yeah that sound good. Caramelized cheeseburger,
Oh with the caramelized onions. Very strong, very Also, you
fight not only they have the Korean ladies who serve
(26:21):
up at least my Costco, but you're fighting the Korean ladies.
They're making a mad dash for the samples. Dennis Hi, Dennis, welcome, Good.
Speaker 4 (26:33):
Morning, Bill.
Speaker 3 (26:34):
Yeah, okay, so I live in San Diego. I'm a
medical courier. I drive up to LA numerous times a week.
My car was rear rendered on the freeway. I found
getting it the work done up in LA was about
thirty percent cheaper than down here in San Diego. I
(26:55):
was getting my parts from a place. You don't want
names of companies on your No, I.
Speaker 1 (27:00):
Do not, No, I do not.
Speaker 2 (27:02):
All right, okay?
Speaker 3 (27:03):
Now, so then and I said, hey, guys, you have
somebody who can install this. Basically it's a Honda Civic.
I just needed the bumper.
Speaker 1 (27:11):
They hang on, hang on, hold on, You're making no sense.
You bought the parts on your own, correct, from the
gentleman from Okay, from a from a Okay, from a
private party you brought. You bought the parts, and you
went to someone else to install it.
Speaker 3 (27:27):
From a business, from a business. And I asked them,
you guys have anybody good that can do the root
work on my car?
Speaker 4 (27:34):
Okay?
Speaker 3 (27:35):
They referred me to somebody. We came to agreement for
one thousand dollars. I came up, left my car, I
rented another car from Enterprise, and I took a picture
of my mileage before I got out of the car.
The last three digits were two eighty two. When I
got it back it was four eighty or four fifty four.
(27:57):
Excuse okay? All right, okay, So one hundred and seventy
plus miles. A confront of the gentleman about it, he says, uh,
first he tried to lie. Oh, we took it to promoter.
Then he backed up on that to get the work done.
And it's right in the mission district.
Speaker 1 (28:15):
I don't care where it is, yeah, Dennis, I don't
care where it is. Wait, you tell me what streets?
Speaker 6 (28:19):
He went on.
Speaker 1 (28:20):
All right, So what's your question?
Speaker 2 (28:22):
You it not done? Not done?
Speaker 3 (28:24):
Okay, the work was done, it's acceptable. But I looked
underneath the bumper. All the parts that I bought were
not installed. The metal parts that were bent and broken
were not installed.
Speaker 1 (28:38):
Okay, so they were still they were still broken parts
in there. Okay, got it.
Speaker 3 (28:42):
What's your question? Okay? And when I confronted him about it,
he said, uh, don't come around. I'll kill you.
Speaker 1 (28:51):
Okay, great, all right, what's your question?
Speaker 2 (28:54):
What do I do?
Speaker 1 (28:55):
Okay? First of all, you call the police on the threat.
That's for starters immediately. Second ball, you've got a situation
where the parts. Uh, you know, it's gonna cost X
number of dollars to have someone install the parts. That's damages,
that's out of pocket damages. And if they kept the parts,
then it's whatever it costs to buy new parts. And
as far as the mileage is concerned, I'm sorry, go ahead, No,
(29:19):
go on you I'm sorry.
Speaker 2 (29:21):
I interrupted.
Speaker 4 (29:21):
Gohe yeah you did.
Speaker 1 (29:22):
And then you're talking about the value of the damages
that you want to get for the mileage, right, I.
Speaker 3 (29:28):
Don't know how that's pretty okay.
Speaker 1 (29:30):
Let me ask, okay, let me ask. Let me ask
you a quick question. How many miles does the car
have on it?
Speaker 5 (29:37):
Um?
Speaker 1 (29:40):
How many miles do you have?
Speaker 3 (29:41):
You know, gosh, man, you're gonna kill me on that.
Speaker 1 (29:46):
How many you know?
Speaker 7 (29:47):
What is that is?
Speaker 1 (29:48):
That? Is that a difficult question? How many miles do
you have on it?
Speaker 2 (29:52):
Yes?
Speaker 3 (29:52):
It is because you're gonna just roll me over because
of that. You don't understand I build.
Speaker 1 (29:58):
All right, and here's the bottom line. All right, I'm
going to roll him over. The point is that an
extra two hundred miles? Yes, there is some diminishment of value.
How many miles do you have on your car? Which,
of course he wouldn't tell me. So let's say it's
one hundred thousand miles, which he probably has more. Adding
two hundred miles to that, Boy, that really diminishes the
(30:22):
value of the car, doesn't it. Now, if you can
prove some diminishment of the value, yeah, it's a lawsuit
the rest of it. No, it's also a violation of law,
federal law to screw around with an odometer. So you
want to go there, But it's not a question of
are the any damages that you occur Unless there are
(30:42):
statutory damages that I'm not aware of, there could very
well be. This is handle odd the law. He welcome back,
handle here on a Saturday morning eight hundred five two
zero one five three four and welcome back or handle
on the marginal legal advice or I tell you you
(31:04):
have no case? Jan, Hello, Jan, you're up?
Speaker 3 (31:10):
Hi Bill?
Speaker 7 (31:11):
Hey, I got a question about our family trust. We
had made our trust up when my husband was still alive,
but he has since passed and I would like to
change the trust from all of our children to just
some of the children. What do you say about that?
Speaker 1 (31:29):
Okay, first of all, I wouldn't want to be one
of the kids that you are disinheriting me no longer
being a beneficiary. That's for starters. Now your original trust.
And these are way most trusts are written. It's you
and your husband wrote the trust. Correct, yes, okay, And
in the event he dies or you die, all the
(31:49):
money goes to the other spouse, the trust goes and
all control goes to the other spouse. Correct, correct, Okay. Yeah,
that's the way trusts are written. Ninety nine percent of them. Okay,
here's the bottom line. You as the trust store, and
that is the person who has the assets and is
writing the trust, can change it as often as you want.
Speaker 2 (32:12):
Jan you can do it.
Speaker 1 (32:15):
You can do it tomorrow. You can do it a
week from tomorrow. You can do it tomorrow and a
week from tomorrow. And I change my family trust all
the time. Whenever I'm unhappy with my two daughters. If
I'm unhappy with one of them, I look at the
I show them the trust, I go your sister gets everything.
You know, you're screwed, and the other. And then the
(32:35):
next week it's the other way. So yeah, go ahead,
knock your socks off. You can change it as often
as you want. Ronald, Hi, Ronald you're up. Welcome, Hi Jill.
How you doing? Man?
Speaker 8 (32:47):
Good to seeing.
Speaker 1 (32:47):
All right, We're gonna do for you. Ronald.
Speaker 8 (32:50):
I incurred a metal expense, a laboratory expense at the
end of twenty twenty three. I was doing for it
and paid it off in April of twenty twenty four.
And these people have to continued to done me for
this thing.
Speaker 1 (33:09):
Yeah, they do that?
Speaker 2 (33:09):
What what what did you?
Speaker 1 (33:11):
What was a medical procedure that you underwent? Ronald? It
was a you know, a laboratory example, Okay, and they
just and they just build you for it, and you
paid them off and they're still paying and they're still
doning you all right. Uh. And I'm assuming you've called
them and you've showed them the payment, correct?
Speaker 4 (33:27):
Yeah?
Speaker 8 (33:28):
I had, Yes, they received it by meil, I had
the okay, all right.
Speaker 1 (33:32):
Have they acknowledged Have they acknowledged receiving it? No? All right,
all right, So what's your question? So?
Speaker 8 (33:42):
Uh what should I do?
Speaker 1 (33:44):
Okay? Good question? Ah? Hi, You see, even I knew
this way it was gonna go, all right, I would
just keep on. I would just keep on sending them
the payment schedule. That's all. Just prove it. Are they
doing it via I'm sorry, I'm.
Speaker 8 (34:00):
Trying to be in bothering with these people.
Speaker 1 (34:02):
Just keep on, just keep on sending them proof. That's
all you do. Keep on sending them proof you paid it,
and then pray that they either done your credit ding
your credit and or file a lawsuit. Pray they do that,
because after you've sent them proof of payment a dozen times. Uh,
they're going to have a hard time defending your lawsuit.
Speaker 4 (34:24):
Okay, that's what you do.
Speaker 1 (34:26):
Just keep on sending it back. Yeah, no, it's yeah,
it's easy. And if it's on email, that's the easiest
thing in the world because you already have it. Just
press send over and over again. Easy. Easy.
Speaker 4 (34:39):
Cora, Hi Cora, Hi Bill.
Speaker 6 (34:43):
About my mom falling to fail in a plaza. It
was like uneven pavements and the person came out. The
property management gave us the quan to complete so that
they will reach out within a particular time period. And
it's been about too long beyond that time period.
Speaker 1 (35:01):
Okay, how badly was okay? How badly was your mom hurt?
Speaker 6 (35:07):
Pretty bad? Lacy. The ambulance was called. She had issues
with her back forward a little bit.
Speaker 1 (35:13):
But she okay, Okay, that's not really banged up. How
she's doing now? Does she have permanent damage of any kind?
Speaker 6 (35:21):
No permanent damage?
Speaker 1 (35:23):
All right, Wow, you could go to a personal injury
attorn er attorney. Don't I would just keep on harassing
them at this point. It's that simple because they don't
have to respond. I mean, there's no duty. They can
just ignore it and then you get to sue them.
(35:43):
I'm surprised that they have not yet come back to you.
What timeline did they say they would they would get
back to.
Speaker 6 (35:51):
You in They said that we should receive a response
according to the paperwork re Form within forty eight hours.
Speaker 1 (35:58):
Oh and they're two months. Oh yeah, yeah, yeah, don't
worry about it, handling it. Yeah, it doesn't matter, that
doesn't Yeah, it doesn't matter that you're out of state. Yeah,
it's it's two months. I would just keep on harassing them,
that's all. Just keep on calling or sending emails, because
there's nothing going to happen after two months. This is
an insurance company, and insurance companies take forever. I mean,
(36:20):
it's a drag or they didn't turn it over their
insurance company. And yeah, two months in this day and
age means nothing. Hear that. That is a package of
Zelman's minty Mouth. And here's what you do. You take
two or three of these little capsules because I have
coffee breath right now, real bad coffee breath, and you
(36:42):
put them in your mouth and covered with this very
strong minty covering. And then when that part is gone,
it's going to be in a few minutes. I'm going
to have fresh, clean breath for hours now. Once they yeah,
it's really good. Once the mint part is finished, then
I swallow them or you can bite into them and
(37:05):
the partially sheet oil inside the capsules go to work
inside your gut. And that's where bad breath can start.
Oh it's a good, good mint flavor can start and
does stay there and no mint does that. That's Zelman's
mintye mouth. And boy does it work. If you're inested
in good breath, clean for it, breath, fresh breath, then
(37:27):
you want to try this. So here's their offer. Oh
torry about that. I'm going to prove to you they work.
Here's their offer. If you buy a five pack of Zelmans,
you are going to get twenty percent off. Say, I've
never seen this before. Twenty percent off with a five
pack of Zelmans. And here's how you do it. You
(37:51):
go to Zelmans dot com PFI hold, I'm gonna swallow. Okay,
now that it's gonna start to work in my guy.
Zelmans dot com slash k f I z E l
m I n S Zelmans dot com slash k f
I twenty percent off on a five pack Zelmans dot
(38:13):
com slash kf I. This is Handle on the Law.
You're listening to Bill Handle on Demand from k f
I A M six forty
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