Episode Transcript
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Speaker 1 (00:00):
You're listenings KF I AM six forty. The bill handles
show on demand on the iHeartRadio f This is handle
on the law marginal legal advice where I tell you
you have absolutely no case. Always a pleasure to tell
you you have absolutely no case. Robert Kennedy Jr. As
(00:22):
you know, is completely nuts. And for some reason it
seems like everything is connected to autism. That ridiculous connection
between vaccine and autism turns out not to be. It
turned out that a doctor wrote one study which then
was debunked because the study facts turned out he made
(00:47):
him up and he lost his license. And based on that,
RFK Junior says, and he's a Secretary of Health and
Human Services and over rides the overviews of Food and
Drug administration.
Speaker 2 (01:02):
I mean, it's crazy stuff.
Speaker 1 (01:04):
So anyway, in light of so many good, good, good studies,
vaccines do not cause autism.
Speaker 2 (01:13):
Well here's another one Thailand.
Speaker 1 (01:16):
All now, if given to a woman as she is pregnant,
that may cause autism.
Speaker 2 (01:25):
And there have been so many studies of a cidemenafin.
Speaker 1 (01:29):
And there have been so many well been viewsed for
what a cedamnafon one hundred years and there's a lot
of information on that, and so he says, thailand All
is linked to autism. And I don't even know where
he got those numbers there. It drives me completely nuts.
So he makes that decision, and then you have the
(01:52):
maker of thailand All, a company called ken View, is
fighting this thing like crazy. The FDA and ken View
both have repeatedly found there is no causal association between
the two. That labeling request is unsupported by scientific evidence
and would represent an unexplained departure from FDA's long standing
(02:16):
position on a set of metaphine during pregnancy. It doesn't exist.
Here's the analogy. Pregnant women. Let's say eighty percent of
pregnant women eat pizza and x percentage of pregnant women
have kids who have autism. We know that therefore, eating
(02:37):
pizza causes or is connected to autism. How about passing
a McDonald's and how that is connected to women who
are pregnant and somehow they have kids that have autism.
I mean, it is completely insane. Can't wait for the
next one. All right, let's take some phone calls.
Speaker 2 (03:00):
Debbie, Hi, Debbie, welcome.
Speaker 3 (03:03):
Hi.
Speaker 4 (03:03):
Yes, my twenty four year old son sign and I,
as the co signer, signed a one year lease for
an apartment in Culver City, a studio apartments. The lease
includes a reserved, secured parking spot.
Speaker 5 (03:17):
We didn't.
Speaker 4 (03:18):
We neglected to look at the exact parking spot the
day we saw the apartment. However, when he moved into
the apartment and was assigned his parking spot, it's not usable.
Speaker 5 (03:30):
Tell me the regular.
Speaker 1 (03:31):
Normal, all right, tell me tell me how, Tell me
how unusable it is.
Speaker 2 (03:36):
What does that mean?
Speaker 4 (03:36):
There's a divot, there's a divot in the asphalt, and
when he pulls into the parking spot, it's his.
Speaker 5 (03:44):
Car bottom it fair enough?
Speaker 2 (03:46):
Okay, that's usual.
Speaker 4 (03:47):
He has asked for a new to be assigned to
a different parking spot, and they have They will not
respond to him.
Speaker 2 (03:55):
Okay, that's easy.
Speaker 3 (03:56):
Just by you said he do.
Speaker 2 (03:57):
You say I'm out of here?
Speaker 4 (03:58):
He's had the park on the street.
Speaker 1 (04:00):
Yeah, you say I'm out of here, I'm out of here.
It's a breach of contract. You said, parking spot, I
don't have one. I don't have one. Either you fix
it or get me another spot, or so I'm gone,
I'm moving and I'm going to charge you.
Speaker 2 (04:13):
Why not?
Speaker 4 (04:15):
Well, you have to find a different apartment, that's.
Speaker 1 (04:17):
Correct, and you're going to hit them for all the
moving costs and let them know that that's exactly correct.
Speaker 2 (04:24):
You say, hey, here's the deal.
Speaker 1 (04:26):
You've preached the lease because you can't give me a
parking spot that you can't park in.
Speaker 2 (04:32):
That's not a parking spot where I come from.
Speaker 1 (04:35):
And you say, and I have to find another place
because you've breached the lease, and you're going to pay
for my moving expenses. You're going to pay for all
of the damages by your breach. And now they're looking
at thousands of dollars. So they got a couple of choices.
Fix the just fix the divot. I'm assuming fixing the
divot is not going to cost them a fortune. Correct,
(04:56):
it's concrete, so yeah, you know, and just get aggressive
with them, really and and if they tell you to
go pound sand I would spend a couple one hundred
dollars for a lawyer letter, and I say it's time
to write a letter. And then when they look at
a letter from a lawyer, then you know, what do
they do?
Speaker 2 (05:16):
Then you just move and you sue.
Speaker 4 (05:17):
Them, take them to small claims court.
Speaker 1 (05:22):
No small claims court. No, no, no, they're going to
have to sue you for they're going to try to
sue you for the rent. You're going to sue them
for the moving expenses, and it could very well be
small claims court.
Speaker 2 (05:33):
Yeah, yeah, that would work.
Speaker 1 (05:34):
Okay, Yeah, And now are they going to go through
all of that and not fix spend two hundred dollars
put some concrete in the divot?
Speaker 2 (05:41):
I don't know.
Speaker 1 (05:44):
Maybe they're that crazy, Who the hell knows? Carolyn, Hi, Carolyn, Hello, Yes.
Speaker 6 (05:51):
I'd like to take possession of a burial plus that
my stepfather had purchased with his ex wife, who both
are dead. My mother passed, his newest wife, she's passed,
and it's worth twelve thousand dollars and I want to
try to sell it.
Speaker 2 (06:08):
Well, you can't until you own it.
Speaker 6 (06:11):
And how do I get to own it though? Because
it should have passed to my stepfather and then to
my mom.
Speaker 1 (06:15):
You've got to go all the way back and established
airs and who gets the heirs and if you're the
closest person to the stepdad who owned the property, it's
just property.
Speaker 2 (06:27):
It's like a house like anything else.
Speaker 6 (06:28):
Well, her his ex wife's name is on the deed
in the burial, and the funeral home says that it
goes to her next Again, she died in nineteen ninety nine.
She has no next akin.
Speaker 1 (06:38):
Okay, then you go in, Well, then here's the problem.
Then we go to the closest person and they're even
a fifth sixth cousin would prevail Carolyn if you're not
related by blood. No, if it's step parent and stepparent
and you don't, and they're the adoption hasn't been done.
(06:59):
It's who's ever related by blood? And adoption by the way,
the same thing. Yeah, you're not going to get a
free plot here. It's not going to work.
Speaker 6 (07:08):
So my mother thought had passed to her upon his death.
That was the concusion we had.
Speaker 2 (07:13):
Well, it's there's the ownership.
Speaker 1 (07:16):
Was it owned and joint tendancy that I don't know.
That's what you got to find out, you gotta you know.
I don't even know if they have title of those
and in the recorder's office, I have no idea. But
the funeral yeah, yeah, the funeral home, I don't know
if it's a deed or not. I I don't remember
because when my huh, yeah, I don't I don't know
(07:39):
if it's a deed and maybe a title of ownership.
I don't know, because I know when my parents died,
we had pre arranged everything, and I just made a
phone call and I go, just throw them in the ground,
you know, throw them in the ground.
Speaker 2 (07:49):
And fine. Yeah, So just I don't know, you know.
Speaker 1 (07:54):
Other than you know, you just can't walk in and say, uh, stepmom,
et cetera.
Speaker 2 (07:59):
And now it doesn't work that way unfortunately. Ah. This
is handle on the law.
Speaker 1 (08:07):
This is handle on the law, marginal legal advice where
I tell you you have absolutely no case.
Speaker 2 (08:19):
Dan, Hi, Dan, welcome.
Speaker 7 (08:22):
Hey, bail.
Speaker 8 (08:23):
My daughter got busted for domestic violence.
Speaker 3 (08:27):
She was.
Speaker 2 (08:29):
Your daughter was arrested for domestic violence. Yeah, okay, he with.
Speaker 8 (08:34):
A breastad The bail are out four thousand dollars with
a fifty thousand dollars bond for basically a scratch on
her boyfriend's neck which he made up.
Speaker 2 (08:45):
Okay.
Speaker 8 (08:46):
The reason they were having this fight is the cops
were called because they we're having a disturbance at a restaurant,
and he stole her battery charger. You know, they have
these portable battery chargers you buy a Costco yeah, walked
off with that. She was trying to get it back.
That's what was causing the disturbance. If the cop showed
(09:09):
up and they said somebody is going to jail, and
he claimed he had a scratch on the neck, so
he goes, okay, you have to go to jay. You
scratch this deck. But this is what happened. Do I
need to get a lawyer to get her out of it?
Speaker 1 (09:24):
Well, well, she's already out because you may bail, correct, right, Okay,
so she's out.
Speaker 2 (09:32):
Do you need a lawyer? Not yet? Not yet.
Speaker 1 (09:35):
What she gets to do there will be an arraignment,
She will be charged.
Speaker 2 (09:42):
Does she have a does she have a date already
to show up in court?
Speaker 5 (09:45):
Yeah?
Speaker 1 (09:46):
So she shows up in court and it'll probably be
a city attorney that is going to prosecute this because
it's a misdemeanor, unless the DA decides this is a felony.
Speaker 9 (09:58):
Said, oh, well, because the cop says it's a felony
doesn't mean they're gonna wait because the cop, the cop
is not the person who makes the decision as to
how to charge it.
Speaker 2 (10:10):
It is the DA district attorney.
Speaker 1 (10:13):
If they're going to file it as a felony or
if it's a misdemeanor, the DA can also handle it,
but usually it's a city attorney that that deals with it.
Speaker 2 (10:20):
She should co She should go up to.
Speaker 1 (10:23):
Court that day and talk to the DAH, talk to
the city attorney and say, hey, can I talk to you.
I don't have an attorney. Can we have a conversation?
See what they're going to do. And my guess is
they may drop it, or they may say they may
try to cut a deal saying if you plead guilty
(10:45):
to a misdemeanor assault charge, you won't get you.
Speaker 2 (10:49):
We're not going to give any date jail for you. You'll
pay a fine whatever it is.
Speaker 1 (10:54):
If and they're gonna make that argument, you can actually
negotiate it. The other possibility is at that point you
tell the court when you're asked to plead guilty or
not guilty, you simply say, or she says in court,
your honor, I haven't had a chance to get an
attorney yet, and i'd like I'd like to have an
(11:15):
extension so I can get an attorney. It's automatic, She'll
get an attorney automatic, and the judge will give it
to you, and then you.
Speaker 2 (11:22):
Talk to an attorney.
Speaker 1 (11:23):
You talk to a criminal attorney to see whether the
attorney is going to pick it up or not.
Speaker 2 (11:29):
How much money does she have?
Speaker 1 (11:30):
Does she have a decent job and maybe money in
the bank, Then she's then she's then she's eligible for
a public defender. Then she's elible. So what she does
is if she is charged, uh, and if they go
forward with it, if the city attorney doesn't want to
drop the case, Uh, then it's in front of the judge.
(11:52):
How do you plead guilty or not guilty, your honor,
I'm applying to have the public defender represent me, and
I'd like to have an attorney president when I plead,
and that's automatic too. And then you make the application
for the public defender and they'll ask you all kinds
of financial questions or ask her. And if she's as
(12:13):
broke as you say, she gets she gets a public defender.
Now she gets an attorney who is going to represent her,
who knows the system, who knows everybody at the DA's office,
knows everybody at the city Attorney's office, will talk to
her and she'll explain what happens. And my guess is
they'll probably drop it or there'll be a guilty plead
(12:36):
or a misdemeanor with almost no repercussions.
Speaker 8 (12:40):
Now, could I throw something else? And hear the charger
that she wanted? That the fight was all about the cop,
She goes, can I get my charger back at least?
Speaker 4 (12:51):
Yeah?
Speaker 2 (12:51):
How much of the charger worth?
Speaker 5 (12:53):
It's one hundred dollars?
Speaker 7 (12:56):
All right?
Speaker 1 (12:56):
And so what happened and what happened to the charger?
The cop just kept it.
Speaker 5 (13:01):
No, the guy kept it. The boys had kept it.
Speaker 1 (13:04):
You drive right, Well, she can all right, Well, she
can sue him for one hundred dollars in small claim scort.
Speaker 2 (13:10):
That's what she can do.
Speaker 5 (13:12):
That's well, what about the cops, the cops?
Speaker 2 (13:14):
That cop.
Speaker 1 (13:15):
You're not going to be able to touch the cop.
You're not gonna be able to touch at all.
Speaker 2 (13:19):
Okay, cop can do cop. I will not be able
to touch at all.
Speaker 1 (13:24):
Uh. And that is uh, that's the least of her problems.
One hundred dollars. Annie, Hello, Annie, welcome to handle on
the law.
Speaker 10 (13:33):
Hello, I am sixty four. My husband's sixty six.
Speaker 1 (13:38):
Sound yeah, you sound a whole lot older than that. Annie,
I must tell you, no, I don't. Oh yeah, yeah,
but that's okay.
Speaker 10 (13:44):
I'll raise my voice. I want to raise my voice
a little bit.
Speaker 1 (13:46):
It's not raising your voice more forceful. Hey, my name
is Annie. But then you sound like you're in the
middle of a sex change. So let's go back to uh,
let's go back to the original part. Okay, Annie, you've
been married for how long?
Speaker 10 (13:58):
Four years?
Speaker 1 (13:58):
Four years? All right, so you're newlywed. It's good for you,
all right. Yeah, what's your question?
Speaker 10 (14:03):
Annie, we're shopping for a house. Look an out of state.
I have a pension, my husband doesn't. I have an
inheritance coming maybe in the next four years or so,
and I have a savings account that would help with
buying a house. So I want to leave the house
(14:24):
to my family because that house might be purchased with inheritance.
I want my husband to be able to live in
that house until he passes, but I want to guarantee
that it's going to go to my family.
Speaker 2 (14:39):
Okay, that's an easy one, Annie. Okay.
Speaker 1 (14:42):
First of all, since it's your separate money, you make
sure that you're on title and that's it.
Speaker 10 (14:47):
I can be on the title of the house that's
purchased alone.
Speaker 1 (14:51):
Yes, yes, yes, as long as you keep the money separate,
you buy it, and you're talking about buying it out
right right without a mortgage, it would.
Speaker 10 (15:03):
Be maybe one hundred thousand dollars in the beginning.
Speaker 1 (15:06):
Well, you don't want his name to be on the mortgage, okay,
you don't want him to borrow the money, and you
have all the income and the pension anyway, so you
want to keep it that you're responsible for paying separately,
and it's paid for the cleanest ways to pay for
it out of out of pension money, where it's all separate, okay,
where he is not involved at all.
Speaker 2 (15:25):
That's the easiest way of doing it, so he can't
come back and attack. But that's one part of it.
Speaker 1 (15:30):
The other part of it is part of your inheritance
that the property goes to your family.
Speaker 2 (15:37):
You give him a life estate as what it's called.
Speaker 1 (15:41):
A life estate, an interest in the house, not his ownership,
but simply he's allowed to stay there until he dies.
That's a life estate, and the second he dies, then
the kids get the house. Actually it's already in their name.
They just can't do anything with it, and he has
to stay. He stays there until he dies, and then
(16:02):
they can do anything they want with their property. It
happens all the time. Okay, yeah, you want to talk
to any real estate agent is not in a real
estate any lawyer that does trust in estates.
Speaker 2 (16:13):
I mean I would do that.
Speaker 1 (16:15):
Yeah, it's an easy one and it happens all the time.
There was a great case out of France where literally
the oldest woman in the world ended up being the
oldest woman in the world. And she had a life
estate in an apartment in a small village in France,
(16:35):
and she ended up well, let me put it this way.
The people who own the property couldn't take it, of course,
because she was so old, and then their kids who
owned the property couldn't take it because she had a
life estate. And then their kids couldn't take it because
she had a life estate.
Speaker 2 (16:53):
I mean, she lasted seventy.
Speaker 1 (16:55):
Years or sixty years past everybody died, and she stayed
and she stayed in the house until she died and
happened to die as the oldest woman in the world.
But you yeah, it's a great story. But you can
do that absolutely. This is Handle on the Law.
Speaker 8 (17:14):
You're listening to Bill Handle on Demand from KFI AM
six forty.
Speaker 1 (17:21):
Welcome back handle on the law marginal legal advice.
Speaker 2 (17:26):
Hello, Dennis Ynis, Yeah, welcome.
Speaker 5 (17:30):
I had a thank you.
Speaker 8 (17:32):
I had a travel trader stolen out of a storage
facility that was supposed to be secured fans and the
gate that you put a code in and so forth,
the gate was left open for at least twenty four hours,
and that's when the trader was stolen.
Speaker 2 (17:48):
Okay, how do you know it was left open for
twenty four hours?
Speaker 8 (17:52):
I was there the day before it was stolen at
three o'clock in the afternoon, went back there the next
day at three o'clock in the afternoon and it was okay.
Speaker 2 (18:02):
Let me stop you right here.
Speaker 1 (18:03):
That just proves it was open when you were there, uh,
the first time and the second time. It could have
been locked the entire time thereafter unless there's video showing
it open.
Speaker 8 (18:13):
I haven't seen the video. But they I called them
and told them that their gate was inoperative, and they said, oh, well,
we didn't know that. I'll send somebody out to fix it. Okay,
So all right, story short, I've seen several different times
after that that it was open and no one was around.
Speaker 2 (18:29):
Okay, your question.
Speaker 8 (18:32):
So anyway, they deny that they have any kind of liability.
I did sign the lease agreement that says that I
park at my own risk. I understand that, but then
that was because you know, they were supposed to have
a secure location and obviously the game I catch you.
Speaker 2 (18:48):
I get it, all right, So what's your question?
Speaker 8 (18:51):
Well, do they have liability? Can I go?
Speaker 1 (18:54):
Yeah?
Speaker 7 (18:55):
Maybe?
Speaker 2 (18:55):
Maybe? How much was how much is your how much
is it worth your travel trailer?
Speaker 8 (18:59):
But about thirty dollars?
Speaker 2 (19:01):
Okay? So now, uh do you have do you have
insurance on it?
Speaker 11 (19:07):
I do, and I have.
Speaker 8 (19:08):
I have turned it over to the insurance company, and
you know, they're being very well, they're doing very well,
very well with me. However, I feel like that there's
some other liability I might not be able to collect
for what, well, like my stuff inside the the travel trader,
I'm not sure that.
Speaker 1 (19:27):
The how do you prove it? How do you prove
what you how do you prove what you have inside there?
Speaker 8 (19:32):
I have a list of all the stuff that was
in there because I helped send it on using okay,
using this for RV share.
Speaker 1 (19:39):
Okay, Okay, that helps. I mean it doesn't prove it,
but that helps, all right. So here here's your choice.
Is one, you could just collect the insurance. If you
collect the whatever you collect the insurance, they're going to
have you sign off saying this is it.
Speaker 2 (19:54):
You're done. You can't go after the guy. You just
take the.
Speaker 1 (19:57):
Money, all right, and then that's it, And then they
go after the on a subrogation claim because you turn
effectively you turn your rights over to them. Or if
you want to go after the place yourself, then you
tell your insurance company, no, thank you, I'll handle it,
and then you file the lawsuit for thirty thousand dollars.
(20:17):
And if you want to hire a lawyer, that's going
to cost you several thousand dollars to hire the lawyer.
Are they going to be held Inevitably, they're going to argue,
so you'll have two lawyers fighting each other.
Speaker 2 (20:30):
It's going to cost you a ton of money. Uh
don't know.
Speaker 1 (20:33):
If you can collect lawyer's fees depends on the contract
you signed. Practically speaking, if I were you, I would
just take the insurance money and let them worry about it.
But you may want to just go yourself. Oh, by
the way, if they don't have any money, if they're
in deep debt, you're not going to see a dime
because you have to collect from them.
Speaker 8 (20:53):
Yeah, they're a large nationwide company.
Speaker 2 (20:56):
Oh there, then you should be okay.
Speaker 1 (20:57):
But keep in mind they're going to fight it like crazy, Dennis.
I don't know if they're going to roll over. So
those are your risks.
Speaker 8 (21:07):
I needed to have somebody tell me that that was
the right way to do it, because I'm the kind
of guy that, like, you know, somebody did me wrong.
Speaker 2 (21:14):
No, I understand, No, Dennis, don't misunderstand me.
Speaker 1 (21:17):
I mean, I've gone to trial where here are my
damages and they're offering me seventy five percent, which everybody
is telling me, Bill, you're crazy not to take it,
and I'm saying I'm not taking it. I'm not taking it.
I'll go to court. I don't care what I spend.
So I understand where you're coming from. But here is
your risk. Your risk is, yes, you're spending money for
(21:40):
a lawyer and then collecting afterwards, and this could be
years by the way before you get there.
Speaker 2 (21:47):
Okay, okay, or you go to the insurance company.
Speaker 1 (21:50):
But either way, yes, I think they're liable based on
what you said because of lack of lack of security,
and you signed up in the anticipation.
Speaker 2 (22:01):
You know, I'm not receiving you're not responsible.
Speaker 1 (22:03):
Hey, you can't say there's security there and there isn't
and then you go, oh, you see you signed for
the risk. Uh, it doesn't work that way, Hey, John,
welcome to handle on the law.
Speaker 3 (22:14):
Yes, Bill, I was any Anika riot in New York State.
Now there was a book written about it, and they
put my name in the book, and I didn't I
don't want my name in the book. Can I sue
them for that?
Speaker 2 (22:27):
Okay? Well were you there? And is this is news?
Speaker 5 (22:30):
Right?
Speaker 1 (22:31):
It's just what ended up happening. They put your name
in there, saying John showed up right? Yes, yeah, you
know what I yeah, what are you going to sue
them for? You know, for putting the name your name
in the book?
Speaker 2 (22:44):
You know, I don't know.
Speaker 3 (22:45):
I want some money?
Speaker 2 (22:47):
Yeah, but what are your damages? You know that's that's
the problem. Yeah, what do you let me ask you this?
What do you what do you think? What do you
think that's worth?
Speaker 5 (22:59):
Uh?
Speaker 3 (23:00):
I don't know a couple of thousand dollars?
Speaker 1 (23:02):
All right, Well, at least you're not crazy and saying
you want five million. That's good news, you know what.
I think that would be very tough. And when was
this book written.
Speaker 3 (23:14):
I'm not sure when the book was written. You can
buy it on Amazon.
Speaker 5 (23:19):
The book is called.
Speaker 2 (23:19):
Blood h Yeah. And what did you describe? What riots?
Speaker 5 (23:26):
The Attica riot in New York State?
Speaker 2 (23:28):
Oh, the Attica riots. Were you in prison at the time, yes?
Speaker 1 (23:33):
Oh yeah, yeah, I don't think so. What were you
in prison for?
Speaker 3 (23:38):
By the way, Johan, Well, back back in them days,
if you violated probation, that's where they sent you.
Speaker 2 (23:46):
Ah.
Speaker 3 (23:46):
And I was in I was out of probation for
stealing a car and they violated me and they sent
me to Attica. And I was only in there two
weeks and then they cut you loose, right, No, they
sent me to a camp.
Speaker 1 (24:03):
Ah Okay, Yeah, my guess is no, I don't think so.
And you're never going to find an attorney that is
going to pick up the case anyway, because there's just
not enough money in it.
Speaker 2 (24:14):
So if I had to guess, I would say no.
Speaker 1 (24:17):
But you know what I would do if I were you,
Number one, not listen to me, because I wouldn't hire me.
Second of all, there are copyright attorneys out there by
the dozens. So you can just check out and do
an ad search under a copyright attorney. And that's a
simple question. Hey, I have a question for the attorney,
and here it is. And so most attorneys will get
(24:40):
on the phone and answer that question. And you may
have something there. But my guess is the answer is
a big no. Hey, Mark, welcome to handle on the law.
Speaker 11 (24:52):
Good morning.
Speaker 7 (24:53):
Ask got a question. We are on the freeway next
to the carpool in there was a tour bus traveling
in the carpoli and a passenger on the bus supposedly
had opened the emergency hatch on top of this bus
and debris spewed out of it. The hatch flew off,
(25:15):
and I have about eleven thousand dollars in damage on
my truck.
Speaker 11 (25:20):
So yeah, so I called.
Speaker 7 (25:23):
The turbus company, saw the claim. They said, fine, well
we'll get back to you. I just got a letter
two weeks ago saying that they were uninsured at the
time of the accident. They had failed to pay their insurance.
Speaker 2 (25:38):
All right, well, let me ask this. Where are they located?
You have any Are they in La? Okay, you're in La.
Speaker 7 (25:46):
Too, right, I'm actually in Orange County traveling through Orange.
Speaker 2 (25:51):
That's easy, all right. All you do, you're within the
jurisdiction of small claims.
Speaker 1 (25:57):
You simply file a lawsuit in small claim scored against
the tour company. The fact that they're not insured doesn't
make them any less liable. It just means that they're
going to have to deal with it instead of the
insurance company. Now do you have uninsured motorists on your car?
Speaker 11 (26:13):
I do.
Speaker 7 (26:14):
My insurance company said, technically it is not a collision,
and my uninsured motorists would not qualify.
Speaker 1 (26:23):
That is a croc a man. I don't get that.
I really don't, because.
Speaker 7 (26:28):
They a brief falling off a vehicle hitting your car
doesn't qualify as an actual accident.
Speaker 2 (26:36):
I depends on which insurance company is this. This is okay.
I'm not familiar with one.
Speaker 1 (26:43):
WEISA, but that I find that kind of bizarre that
they're saying you have to be in an accident, right,
not uninsured?
Speaker 2 (26:54):
All right? So if a tree falls on your car
that we don't cover that.
Speaker 1 (26:58):
We only cover accidents where I guess the collision occurs.
That's that's a weird one for me, But okay, so
be it. So you're not going to go in that direction,
so you have to do it yourself. And doing it
yourself is filing a small claim suit against the bus company.
Speaker 7 (27:14):
That's all you can do, okay, And what are the
limits for small claims?
Speaker 2 (27:18):
Fifteen twelve twelve five dollars? All right, all right, this
is Handle on the Law.
Speaker 1 (27:26):
Welcome back marginal legal advice where I tell you have
no case.
Speaker 2 (27:36):
Chris, Hello, Chris, welcome to Handle on the Law.
Speaker 5 (27:40):
Hey, good morning, village. Is a quick question. I bought
an RV for seven thousand dollars. I went to the DMV,
did the transfer of ownership the non op is one
hundred and eighty bucks roughly. They gave me papers that
said it was incomplete and I was missing the signature.
Fast forward a year. My cousin was like, hey, I'll
buy the RV and I was like, you know, suite.
(28:01):
I gave her all the paperwork. I said, register it
and then you know, give me the seven thousand that
I paid and you could have it. She called Sacramento.
Sacramento said that there was a payment on the registration
of like one hundred and thirty five dollars. She figured
that was kind of weird because it's been in my
possession for over that year. And then she called Sacramento
(28:21):
again and they said, oh no, don't worry, just go
to the field office, sign the paperwork and you're good
to go. So now on this Monday that we just
had go to the DMV surrender all the paperwork. My
d she says, no problem, we got to get ahold
of Sacramento. Everything makes sense, nixt thing I know. There's
an officer behind me, basically takes me out of the chair,
(28:42):
puts me in the corner, doesn't give me a badge number, name,
what sheriff office? Where he's at. He wants to know
where the vehicle is. How I got up, how I
attained the vehicle, all this paperwork, and now the backstory
of the lady. I bought it from her husband, purchased
it before retireing he passed away. She had it, she
didn't know what to do with it. I said, hey,
(29:04):
I'll buy it. I believe she may have used her
daughter's signature and not her signature.
Speaker 2 (29:09):
But Chris, you have a you have a sales document, right.
Speaker 5 (29:13):
So she gave me the pink slip. She gave me
a bill of sale the first time I went to
the DMV. I believe they removed the pink slip, and
they only gave me your DMV the game Mary that.
Speaker 2 (29:23):
You know what to say. They removed the pink slip.
That's your pink slip.
Speaker 1 (29:28):
All I can do is record the numbers and you
keep the original pink slip.
Speaker 5 (29:33):
Chris, No, sir, everything was stable together.
Speaker 1 (29:37):
I well, you've got to you get to go to
the DMV and unravel the whole thing. And the fact
is that you have a signed sales document and if
it's not her signature, although I don't know how the
DMV knows whose signature it is and who isn't uh
you know, you know who's arguing that it's it's a
fraudulent signature.
Speaker 2 (29:58):
I have no idea.
Speaker 1 (30:00):
But a cop doesn't have to tell you what his
you know what his badge number.
Speaker 2 (30:05):
He can simply pull you aside reasonable cause.
Speaker 1 (30:08):
If it was reported stolen the vehicle or some question,
he's allowed to pull you over.
Speaker 2 (30:14):
And I'm assuming you weren't arrested.
Speaker 3 (30:16):
Right.
Speaker 5 (30:17):
He threatened to arrest me because I should be in handcuffs,
but he did.
Speaker 2 (30:21):
Wait a second, because you were. Were you in handcuffs?
Speaker 1 (30:24):
No?
Speaker 5 (30:24):
Sir, I was not in handcuffs, but he said that
you're lucky you're not in the handcuffs.
Speaker 1 (30:28):
Okay, okay, all right, So he's saying, you're lucky you're
not in handcuffs.
Speaker 5 (30:32):
All right, yes, And I'm lucky.
Speaker 1 (30:34):
I'm not in handcuffs. Do I sue someone for that?
A cop tells me I'm lucky? So that is that's irrelevant? Okay, okay, No,
You've got to just go to the DMV and get
this straightened out.
Speaker 2 (30:46):
I mean, you've got a lot of paperwork to deal with.
Speaker 1 (30:49):
You've got the sales agreement, you've got the attempt to
register it. And by the way, how did the cops
know that the car was stolen or there was an
issue if someone reported stolen.
Speaker 5 (31:00):
So I so, like I said, the husband bought it.
I assumed the wife inherited everything. But I believe the
daughter got involved in the daughter is the one that
reported it. So on. But I've called Sacramento twice and
not be into the DMV the first time, and nobody
had ever said the vehicle.
Speaker 2 (31:16):
Oh yeah, all right, so you had it slipped through
the cracks.
Speaker 1 (31:19):
There's a mess going on, and you it's it's it's
you going to the DMV. It's that simple and dealing
with it. I mean, that's You've got to just sit
down with someone. You got to make an appointment, and
that may take you three and a half years, but
you you've got to do it.
Speaker 2 (31:39):
Peter, Hello, Peter.
Speaker 5 (31:41):
How are you?
Speaker 3 (31:42):
Yees?
Speaker 11 (31:42):
Oh, I should have said that, I'm starting, Bill I have.
I got my Screen Actors Guild card in nineteen fifty
seven and I worked in films up until nineteen seventy
and I went to the pension department. It seems to
be separate from the regular Screen Actors Guild, although it's
a you know, it's a separate department from them. And
(32:05):
I probably need a very good pension lawyer, but I've
been a hard term finding one.
Speaker 1 (32:11):
Yeah, well here's what So are they screwing you out
of your pension?
Speaker 2 (32:15):
Is that what's going on?
Speaker 3 (32:17):
Oh?
Speaker 11 (32:17):
Yeah, they invested me for seven years. I went up
to the Burbank offices and at that time, that was
a few years ago, and they said, well, we don't
keep records before in nineteen sixty two. This was their
first excuse, and I'm going, well, okay, you know, I
got my card when I was nineteen sixty seven.
Speaker 1 (32:36):
Yeah, yeah, Peter, Here here's the problem you got. First
of all, getting a pension lawyer is not going to
help you because no one's going to eat. The best
you're going to do is get reinstated and get your
money that is owed to you, whatever they screwed you
out of.
Speaker 2 (32:49):
And it's not going to be hundreds of thousands of dollars.
Speaker 1 (32:52):
Well, let me ask you this, how much do you
think you have been screwed out of?
Speaker 11 (32:56):
Well, I'm thinking my sister were both working the same
industry and we work in the same time. They vested her.
She did an Elvis movie, and you know she worked
quite a bit too. But I work the same amount.
You know, but in TV shows, old TV shows, black
and white, color, you know, wagon trains, all those old shit.
Speaker 1 (33:16):
But I think it's very different, the residuals and the pension.
Speaker 2 (33:21):
And I don't know. I'm a member of sag Aftra,
so I have both.
Speaker 11 (33:24):
Yeah me too.
Speaker 2 (33:25):
Yeah, I have a.
Speaker 1 (33:26):
Pension, but you know I didn't start in nineteen fifty seven,
and I keep track of it constantly.
Speaker 2 (33:34):
But let me ask you this.
Speaker 1 (33:36):
Your sister working in movies, and I would guess that
TV movies, especially back then, very different animals in terms
of wolves paid into the pension plan. Also in terms
of working, it's how much you work in that calendar year,
and that's how they figure it out. So if you
worked let's say, eighteen days of shooting or forty eight
days of shooting, whatever it is, and your sister worked
(33:58):
fifty five or eighty, again, that's a different animal too.
And then the amount of money that you got paid
changes everything too. If someone's making fifty thousand dollars a
year working in the industry versus someone is making two
hundred thousand dollars a year, that's a very different amount
of money. So do you at this point, do you
(34:19):
have any idea of who how much money you did
get screwed out of?
Speaker 11 (34:26):
Well, I'm thinking, you know, I think my sister's getting about,
you know, eight hundred dollars a month or something over there. Yeah,
and you're talking about and you're getting what I would
have retired from it, and I'm getting nothing from them. Okay,
I do get residuals, but you know they're very ago.
Speaker 2 (34:42):
Yeah, I know, it's I was.
Speaker 1 (34:43):
I was in one movie and I honest to god
get residual checks for forty five cents.
Speaker 2 (34:49):
Yeah, I just.
Speaker 11 (34:50):
Can't match that, but I can almost match.
Speaker 1 (34:52):
Yeah, I know, it's completely crazy. Okay, it's gonna be
tough getting.
Speaker 2 (34:57):
A lawyer on this.
Speaker 1 (35:00):
What I would do is call your union representative, okay,
and ask say, hey, the pension department is screwing me,
because you're right, there're two different departments.
Speaker 2 (35:11):
You're absolutely right. Yeah, yeah, So that's where you want
to go.
Speaker 1 (35:16):
So, Peter, where you want to go is to the
union rep who represents you. That's where I would go
and get started there, because going to a lawyer is
crazy making. It's not going to help you at all.
Before we go, I want to talk about your bad breath.
Don't get too close to the speaker because the speaker
might actually melt. And so I'm going to suggest which
(35:38):
I do and have for well, I've known these people
as Zelman's for thirty years. I mean, this is family,
and a couple of years now I've been talking about
Zelman's mintye Mouth because well, they created Zelmans and it's
all about your breath and having fresh breath, which most
(35:58):
of us want, fresh clean breath that lasts for hours
and hours. And here's what Zelman's does. It's a little
capsule that has parsley seed oil in it.
Speaker 2 (36:07):
It's covered with mint, nice strong mint.
Speaker 1 (36:09):
So you pop two or three in your mouth and
you suck on the mint part like any other mint.
Then you swallow the capsule and it goes to work
in your gut. Because a lot of people don't realize
bad breath also comes from your stomach. I mean, the
food goes down there, the garlic, the onions, and it
burns and it churns, and the acids in.
Speaker 2 (36:27):
Your stomach that creates bad breath too, and.
Speaker 1 (36:30):
Zelmans takes care of that also, And no mint in
the world does that. So Zelman's, where do you get it?
Not at Walmart, not a Trader Joe's, not a costco.
You know where you get it at Zelmans dot com,
Z E L M I N S. Zellmans dot com.
This is Handle on the Law.
Speaker 2 (36:51):
You're listening to Bill Handle on Demand from KFI AM
six forty
You're listenings KF I AM six forty. The bill handles
show on demand on the iHeartRadio f This is handle
on the law marginal legal advice where I tell you
you have absolutely no case. Always a pleasure to tell
you you have absolutely no case. Robert Kennedy Jr. As
(00:22):
you know, is completely nuts. And for some reason it
seems like everything is connected to autism. That ridiculous connection
between vaccine and autism turns out not to be. It
turned out that a doctor wrote one study which then
was debunked because the study facts turned out he made
(00:47):
him up and he lost his license. And based on that,
RFK Junior says, and he's a Secretary of Health and
Human Services and over rides the overviews of Food and
Drug administration.
Speaker 2 (01:02):
I mean, it's crazy stuff.
Speaker 1 (01:04):
So anyway, in light of so many good, good, good studies,
vaccines do not cause autism.
Speaker 2 (01:13):
Well here's another one Thailand.
Speaker 1 (01:16):
All now, if given to a woman as she is pregnant,
that may cause autism.
Speaker 2 (01:25):
And there have been so many studies of a cidemenafin.
Speaker 1 (01:29):
And there have been so many well been viewsed for
what a cedamnafon one hundred years and there's a lot
of information on that, and so he says, thailand All
is linked to autism. And I don't even know where
he got those numbers there. It drives me completely nuts.
So he makes that decision, and then you have the
(01:52):
maker of thailand All, a company called ken View, is
fighting this thing like crazy. The FDA and ken View
both have repeatedly found there is no causal association between
the two. That labeling request is unsupported by scientific evidence
and would represent an unexplained departure from FDA's long standing
(02:16):
position on a set of metaphine during pregnancy. It doesn't exist.
Here's the analogy. Pregnant women. Let's say eighty percent of
pregnant women eat pizza and x percentage of pregnant women
have kids who have autism. We know that therefore, eating
(02:37):
pizza causes or is connected to autism. How about passing
a McDonald's and how that is connected to women who
are pregnant and somehow they have kids that have autism.
I mean, it is completely insane. Can't wait for the
next one. All right, let's take some phone calls.
Speaker 2 (03:00):
Debbie, Hi, Debbie, welcome.
Speaker 3 (03:03):
Hi.
Speaker 4 (03:03):
Yes, my twenty four year old son sign and I,
as the co signer, signed a one year lease for
an apartment in Culver City, a studio apartments. The lease
includes a reserved, secured parking spot.
Speaker 5 (03:17):
We didn't.
Speaker 4 (03:18):
We neglected to look at the exact parking spot the
day we saw the apartment. However, when he moved into
the apartment and was assigned his parking spot, it's not usable.
Speaker 5 (03:30):
Tell me the regular.
Speaker 1 (03:31):
Normal, all right, tell me tell me how, Tell me
how unusable it is.
Speaker 2 (03:36):
What does that mean?
Speaker 4 (03:36):
There's a divot, there's a divot in the asphalt, and
when he pulls into the parking spot, it's his.
Speaker 5 (03:44):
Car bottom it fair enough?
Speaker 2 (03:46):
Okay, that's usual.
Speaker 4 (03:47):
He has asked for a new to be assigned to
a different parking spot, and they have They will not
respond to him.
Speaker 2 (03:55):
Okay, that's easy.
Speaker 3 (03:56):
Just by you said he do.
Speaker 2 (03:57):
You say I'm out of here?
Speaker 4 (03:58):
He's had the park on the street.
Speaker 1 (04:00):
Yeah, you say I'm out of here, I'm out of here.
It's a breach of contract. You said, parking spot, I
don't have one. I don't have one. Either you fix
it or get me another spot, or so I'm gone,
I'm moving and I'm going to charge you.
Speaker 2 (04:13):
Why not?
Speaker 4 (04:15):
Well, you have to find a different apartment, that's.
Speaker 1 (04:17):
Correct, and you're going to hit them for all the
moving costs and let them know that that's exactly correct.
Speaker 2 (04:24):
You say, hey, here's the deal.
Speaker 1 (04:26):
You've preached the lease because you can't give me a
parking spot that you can't park in.
Speaker 2 (04:32):
That's not a parking spot where I come from.
Speaker 1 (04:35):
And you say, and I have to find another place
because you've breached the lease, and you're going to pay
for my moving expenses. You're going to pay for all
of the damages by your breach. And now they're looking
at thousands of dollars. So they got a couple of choices.
Fix the just fix the divot. I'm assuming fixing the
divot is not going to cost them a fortune. Correct,
(04:56):
it's concrete, so yeah, you know, and just get aggressive
with them, really and and if they tell you to
go pound sand I would spend a couple one hundred
dollars for a lawyer letter, and I say it's time
to write a letter. And then when they look at
a letter from a lawyer, then you know, what do
they do?
Speaker 2 (05:16):
Then you just move and you sue.
Speaker 4 (05:17):
Them, take them to small claims court.
Speaker 1 (05:22):
No small claims court. No, no, no, they're going to
have to sue you for they're going to try to
sue you for the rent. You're going to sue them
for the moving expenses, and it could very well be
small claims court.
Speaker 2 (05:33):
Yeah, yeah, that would work.
Speaker 1 (05:34):
Okay, Yeah, And now are they going to go through
all of that and not fix spend two hundred dollars
put some concrete in the divot?
Speaker 2 (05:41):
I don't know.
Speaker 1 (05:44):
Maybe they're that crazy, Who the hell knows? Carolyn, Hi, Carolyn, Hello, Yes.
Speaker 6 (05:51):
I'd like to take possession of a burial plus that
my stepfather had purchased with his ex wife, who both
are dead. My mother passed, his newest wife, she's passed,
and it's worth twelve thousand dollars and I want to
try to sell it.
Speaker 2 (06:08):
Well, you can't until you own it.
Speaker 6 (06:11):
And how do I get to own it though? Because
it should have passed to my stepfather and then to
my mom.
Speaker 1 (06:15):
You've got to go all the way back and established
airs and who gets the heirs and if you're the
closest person to the stepdad who owned the property, it's
just property.
Speaker 2 (06:27):
It's like a house like anything else.
Speaker 6 (06:28):
Well, her his ex wife's name is on the deed
in the burial, and the funeral home says that it
goes to her next Again, she died in nineteen ninety nine.
She has no next akin.
Speaker 1 (06:38):
Okay, then you go in, Well, then here's the problem.
Then we go to the closest person and they're even
a fifth sixth cousin would prevail Carolyn if you're not
related by blood. No, if it's step parent and stepparent
and you don't, and they're the adoption hasn't been done.
(06:59):
It's who's ever related by blood? And adoption by the way,
the same thing. Yeah, you're not going to get a
free plot here. It's not going to work.
Speaker 6 (07:08):
So my mother thought had passed to her upon his death.
That was the concusion we had.
Speaker 2 (07:13):
Well, it's there's the ownership.
Speaker 1 (07:16):
Was it owned and joint tendancy that I don't know.
That's what you got to find out, you gotta you know.
I don't even know if they have title of those
and in the recorder's office, I have no idea. But
the funeral yeah, yeah, the funeral home, I don't know
if it's a deed or not. I I don't remember
because when my huh, yeah, I don't I don't know
(07:39):
if it's a deed and maybe a title of ownership.
I don't know, because I know when my parents died,
we had pre arranged everything, and I just made a
phone call and I go, just throw them in the ground,
you know, throw them in the ground.
Speaker 2 (07:49):
And fine. Yeah, So just I don't know, you know.
Speaker 1 (07:54):
Other than you know, you just can't walk in and say, uh, stepmom,
et cetera.
Speaker 2 (07:59):
And now it doesn't work that way unfortunately. Ah. This
is handle on the law.
Speaker 1 (08:07):
This is handle on the law, marginal legal advice where
I tell you you have absolutely no case.
Speaker 2 (08:19):
Dan, Hi, Dan, welcome.
Speaker 7 (08:22):
Hey, bail.
Speaker 8 (08:23):
My daughter got busted for domestic violence.
Speaker 3 (08:27):
She was.
Speaker 2 (08:29):
Your daughter was arrested for domestic violence. Yeah, okay, he with.
Speaker 8 (08:34):
A breastad The bail are out four thousand dollars with
a fifty thousand dollars bond for basically a scratch on
her boyfriend's neck which he made up.
Speaker 2 (08:45):
Okay.
Speaker 8 (08:46):
The reason they were having this fight is the cops
were called because they we're having a disturbance at a restaurant,
and he stole her battery charger. You know, they have
these portable battery chargers you buy a Costco yeah, walked
off with that. She was trying to get it back.
That's what was causing the disturbance. If the cop showed
(09:09):
up and they said somebody is going to jail, and
he claimed he had a scratch on the neck, so
he goes, okay, you have to go to jay. You
scratch this deck. But this is what happened. Do I
need to get a lawyer to get her out of it?
Speaker 1 (09:24):
Well, well, she's already out because you may bail, correct, right, Okay,
so she's out.
Speaker 2 (09:32):
Do you need a lawyer? Not yet? Not yet.
Speaker 1 (09:35):
What she gets to do there will be an arraignment,
She will be charged.
Speaker 2 (09:42):
Does she have a does she have a date already
to show up in court?
Speaker 5 (09:45):
Yeah?
Speaker 1 (09:46):
So she shows up in court and it'll probably be
a city attorney that is going to prosecute this because
it's a misdemeanor, unless the DA decides this is a felony.
Speaker 9 (09:58):
Said, oh, well, because the cop says it's a felony
doesn't mean they're gonna wait because the cop, the cop
is not the person who makes the decision as to
how to charge it.
Speaker 2 (10:10):
It is the DA district attorney.
Speaker 1 (10:13):
If they're going to file it as a felony or
if it's a misdemeanor, the DA can also handle it,
but usually it's a city attorney that that deals with it.
Speaker 2 (10:20):
She should co She should go up to.
Speaker 1 (10:23):
Court that day and talk to the DAH, talk to
the city attorney and say, hey, can I talk to you.
I don't have an attorney. Can we have a conversation?
See what they're going to do. And my guess is
they may drop it, or they may say they may
try to cut a deal saying if you plead guilty
(10:45):
to a misdemeanor assault charge, you won't get you.
Speaker 2 (10:49):
We're not going to give any date jail for you. You'll
pay a fine whatever it is.
Speaker 1 (10:54):
If and they're gonna make that argument, you can actually
negotiate it. The other possibility is at that point you
tell the court when you're asked to plead guilty or
not guilty, you simply say, or she says in court,
your honor, I haven't had a chance to get an
attorney yet, and i'd like I'd like to have an
(11:15):
extension so I can get an attorney. It's automatic, She'll
get an attorney automatic, and the judge will give it
to you, and then you.
Speaker 2 (11:22):
Talk to an attorney.
Speaker 1 (11:23):
You talk to a criminal attorney to see whether the
attorney is going to pick it up or not.
Speaker 2 (11:29):
How much money does she have?
Speaker 1 (11:30):
Does she have a decent job and maybe money in
the bank, Then she's then she's then she's eligible for
a public defender. Then she's elible. So what she does
is if she is charged, uh, and if they go
forward with it, if the city attorney doesn't want to
drop the case, Uh, then it's in front of the judge.
(11:52):
How do you plead guilty or not guilty, your honor,
I'm applying to have the public defender represent me, and
I'd like to have an attorney president when I plead,
and that's automatic too. And then you make the application
for the public defender and they'll ask you all kinds
of financial questions or ask her. And if she's as
(12:13):
broke as you say, she gets she gets a public defender.
Now she gets an attorney who is going to represent her,
who knows the system, who knows everybody at the DA's office,
knows everybody at the city Attorney's office, will talk to
her and she'll explain what happens. And my guess is
they'll probably drop it or there'll be a guilty plead
(12:36):
or a misdemeanor with almost no repercussions.
Speaker 8 (12:40):
Now, could I throw something else? And hear the charger
that she wanted? That the fight was all about the cop,
She goes, can I get my charger back at least?
Speaker 4 (12:51):
Yeah?
Speaker 2 (12:51):
How much of the charger worth?
Speaker 5 (12:53):
It's one hundred dollars?
Speaker 7 (12:56):
All right?
Speaker 1 (12:56):
And so what happened and what happened to the charger?
The cop just kept it.
Speaker 5 (13:01):
No, the guy kept it. The boys had kept it.
Speaker 1 (13:04):
You drive right, Well, she can all right, Well, she
can sue him for one hundred dollars in small claim scort.
Speaker 2 (13:10):
That's what she can do.
Speaker 5 (13:12):
That's well, what about the cops, the cops?
Speaker 2 (13:14):
That cop.
Speaker 1 (13:15):
You're not going to be able to touch the cop.
You're not gonna be able to touch at all.
Speaker 2 (13:19):
Okay, cop can do cop. I will not be able
to touch at all.
Speaker 1 (13:24):
Uh. And that is uh, that's the least of her problems.
One hundred dollars. Annie, Hello, Annie, welcome to handle on
the law.
Speaker 10 (13:33):
Hello, I am sixty four. My husband's sixty six.
Speaker 1 (13:38):
Sound yeah, you sound a whole lot older than that. Annie,
I must tell you, no, I don't. Oh yeah, yeah,
but that's okay.
Speaker 10 (13:44):
I'll raise my voice. I want to raise my voice
a little bit.
Speaker 1 (13:46):
It's not raising your voice more forceful. Hey, my name
is Annie. But then you sound like you're in the
middle of a sex change. So let's go back to uh,
let's go back to the original part. Okay, Annie, you've
been married for how long?
Speaker 10 (13:58):
Four years?
Speaker 1 (13:58):
Four years? All right, so you're newlywed. It's good for you,
all right. Yeah, what's your question?
Speaker 10 (14:03):
Annie, we're shopping for a house. Look an out of state.
I have a pension, my husband doesn't. I have an
inheritance coming maybe in the next four years or so,
and I have a savings account that would help with
buying a house. So I want to leave the house
(14:24):
to my family because that house might be purchased with inheritance.
I want my husband to be able to live in
that house until he passes, but I want to guarantee
that it's going to go to my family.
Speaker 2 (14:39):
Okay, that's an easy one, Annie. Okay.
Speaker 1 (14:42):
First of all, since it's your separate money, you make
sure that you're on title and that's it.
Speaker 10 (14:47):
I can be on the title of the house that's
purchased alone.
Speaker 1 (14:51):
Yes, yes, yes, as long as you keep the money separate,
you buy it, and you're talking about buying it out
right right without a mortgage, it would.
Speaker 10 (15:03):
Be maybe one hundred thousand dollars in the beginning.
Speaker 1 (15:06):
Well, you don't want his name to be on the mortgage, okay,
you don't want him to borrow the money, and you
have all the income and the pension anyway, so you
want to keep it that you're responsible for paying separately,
and it's paid for the cleanest ways to pay for
it out of out of pension money, where it's all separate, okay,
where he is not involved at all.
Speaker 2 (15:25):
That's the easiest way of doing it, so he can't
come back and attack. But that's one part of it.
Speaker 1 (15:30):
The other part of it is part of your inheritance
that the property goes to your family.
Speaker 2 (15:37):
You give him a life estate as what it's called.
Speaker 1 (15:41):
A life estate, an interest in the house, not his ownership,
but simply he's allowed to stay there until he dies.
That's a life estate, and the second he dies, then
the kids get the house. Actually it's already in their name.
They just can't do anything with it, and he has
to stay. He stays there until he dies, and then
(16:02):
they can do anything they want with their property. It
happens all the time. Okay, yeah, you want to talk
to any real estate agent is not in a real
estate any lawyer that does trust in estates.
Speaker 2 (16:13):
I mean I would do that.
Speaker 1 (16:15):
Yeah, it's an easy one and it happens all the time.
There was a great case out of France where literally
the oldest woman in the world ended up being the
oldest woman in the world. And she had a life
estate in an apartment in a small village in France,
(16:35):
and she ended up well, let me put it this way.
The people who own the property couldn't take it, of course,
because she was so old, and then their kids who
owned the property couldn't take it because she had a
life estate. And then their kids couldn't take it because
she had a life estate.
Speaker 2 (16:53):
I mean, she lasted seventy.
Speaker 1 (16:55):
Years or sixty years past everybody died, and she stayed
and she stayed in the house until she died and
happened to die as the oldest woman in the world.
But you yeah, it's a great story. But you can
do that absolutely. This is Handle on the Law.
Speaker 8 (17:14):
You're listening to Bill Handle on Demand from KFI AM
six forty.
Speaker 1 (17:21):
Welcome back handle on the law marginal legal advice.
Speaker 2 (17:26):
Hello, Dennis Ynis, Yeah, welcome.
Speaker 5 (17:30):
I had a thank you.
Speaker 8 (17:32):
I had a travel trader stolen out of a storage
facility that was supposed to be secured fans and the
gate that you put a code in and so forth,
the gate was left open for at least twenty four hours,
and that's when the trader was stolen.
Speaker 2 (17:48):
Okay, how do you know it was left open for
twenty four hours?
Speaker 8 (17:52):
I was there the day before it was stolen at
three o'clock in the afternoon, went back there the next
day at three o'clock in the afternoon and it was okay.
Speaker 2 (18:02):
Let me stop you right here.
Speaker 1 (18:03):
That just proves it was open when you were there, uh,
the first time and the second time. It could have
been locked the entire time thereafter unless there's video showing
it open.
Speaker 8 (18:13):
I haven't seen the video. But they I called them
and told them that their gate was inoperative, and they said, oh, well,
we didn't know that. I'll send somebody out to fix it. Okay,
So all right, story short, I've seen several different times
after that that it was open and no one was around.
Speaker 2 (18:29):
Okay, your question.
Speaker 8 (18:32):
So anyway, they deny that they have any kind of liability.
I did sign the lease agreement that says that I
park at my own risk. I understand that, but then
that was because you know, they were supposed to have
a secure location and obviously the game I catch you.
Speaker 2 (18:48):
I get it, all right, So what's your question?
Speaker 8 (18:51):
Well, do they have liability? Can I go?
Speaker 1 (18:54):
Yeah?
Speaker 7 (18:55):
Maybe?
Speaker 2 (18:55):
Maybe? How much was how much is your how much
is it worth your travel trailer?
Speaker 8 (18:59):
But about thirty dollars?
Speaker 2 (19:01):
Okay? So now, uh do you have do you have
insurance on it?
Speaker 11 (19:07):
I do, and I have.
Speaker 8 (19:08):
I have turned it over to the insurance company, and
you know, they're being very well, they're doing very well,
very well with me. However, I feel like that there's
some other liability I might not be able to collect
for what, well, like my stuff inside the the travel trader,
I'm not sure that.
Speaker 1 (19:27):
The how do you prove it? How do you prove
what you how do you prove what you have inside there?
Speaker 8 (19:32):
I have a list of all the stuff that was
in there because I helped send it on using okay,
using this for RV share.
Speaker 1 (19:39):
Okay, Okay, that helps. I mean it doesn't prove it,
but that helps, all right. So here here's your choice.
Is one, you could just collect the insurance. If you
collect the whatever you collect the insurance, they're going to
have you sign off saying this is it.
Speaker 2 (19:54):
You're done. You can't go after the guy. You just
take the.
Speaker 1 (19:57):
Money, all right, and then that's it, And then they
go after the on a subrogation claim because you turn
effectively you turn your rights over to them. Or if
you want to go after the place yourself, then you
tell your insurance company, no, thank you, I'll handle it,
and then you file the lawsuit for thirty thousand dollars.
(20:17):
And if you want to hire a lawyer, that's going
to cost you several thousand dollars to hire the lawyer.
Are they going to be held Inevitably, they're going to argue,
so you'll have two lawyers fighting each other.
Speaker 2 (20:30):
It's going to cost you a ton of money. Uh
don't know.
Speaker 1 (20:33):
If you can collect lawyer's fees depends on the contract
you signed. Practically speaking, if I were you, I would
just take the insurance money and let them worry about it.
But you may want to just go yourself. Oh, by
the way, if they don't have any money, if they're
in deep debt, you're not going to see a dime
because you have to collect from them.
Speaker 8 (20:53):
Yeah, they're a large nationwide company.
Speaker 2 (20:56):
Oh there, then you should be okay.
Speaker 1 (20:57):
But keep in mind they're going to fight it like crazy, Dennis.
I don't know if they're going to roll over. So
those are your risks.
Speaker 8 (21:07):
I needed to have somebody tell me that that was
the right way to do it, because I'm the kind
of guy that, like, you know, somebody did me wrong.
Speaker 2 (21:14):
No, I understand, No, Dennis, don't misunderstand me.
Speaker 1 (21:17):
I mean, I've gone to trial where here are my
damages and they're offering me seventy five percent, which everybody
is telling me, Bill, you're crazy not to take it,
and I'm saying I'm not taking it. I'm not taking it.
I'll go to court. I don't care what I spend.
So I understand where you're coming from. But here is
your risk. Your risk is, yes, you're spending money for
(21:40):
a lawyer and then collecting afterwards, and this could be
years by the way before you get there.
Speaker 2 (21:47):
Okay, okay, or you go to the insurance company.
Speaker 1 (21:50):
But either way, yes, I think they're liable based on
what you said because of lack of lack of security,
and you signed up in the anticipation.
Speaker 2 (22:01):
You know, I'm not receiving you're not responsible.
Speaker 1 (22:03):
Hey, you can't say there's security there and there isn't
and then you go, oh, you see you signed for
the risk. Uh, it doesn't work that way, Hey, John,
welcome to handle on the law.
Speaker 3 (22:14):
Yes, Bill, I was any Anika riot in New York State.
Now there was a book written about it, and they
put my name in the book, and I didn't I
don't want my name in the book. Can I sue
them for that?
Speaker 2 (22:27):
Okay? Well were you there? And is this is news?
Speaker 5 (22:30):
Right?
Speaker 1 (22:31):
It's just what ended up happening. They put your name
in there, saying John showed up right? Yes, yeah, you
know what I yeah, what are you going to sue
them for? You know, for putting the name your name
in the book?
Speaker 2 (22:44):
You know, I don't know.
Speaker 3 (22:45):
I want some money?
Speaker 2 (22:47):
Yeah, but what are your damages? You know that's that's
the problem. Yeah, what do you let me ask you this?
What do you what do you think? What do you
think that's worth?
Speaker 5 (22:59):
Uh?
Speaker 3 (23:00):
I don't know a couple of thousand dollars?
Speaker 1 (23:02):
All right, Well, at least you're not crazy and saying
you want five million. That's good news, you know what.
I think that would be very tough. And when was
this book written.
Speaker 3 (23:14):
I'm not sure when the book was written. You can
buy it on Amazon.
Speaker 5 (23:19):
The book is called.
Speaker 2 (23:19):
Blood h Yeah. And what did you describe? What riots?
Speaker 5 (23:26):
The Attica riot in New York State?
Speaker 2 (23:28):
Oh, the Attica riots. Were you in prison at the time, yes?
Speaker 1 (23:33):
Oh yeah, yeah, I don't think so. What were you
in prison for?
Speaker 3 (23:38):
By the way, Johan, Well, back back in them days,
if you violated probation, that's where they sent you.
Speaker 2 (23:46):
Ah.
Speaker 3 (23:46):
And I was in I was out of probation for
stealing a car and they violated me and they sent
me to Attica. And I was only in there two
weeks and then they cut you loose, right, No, they
sent me to a camp.
Speaker 1 (24:03):
Ah Okay, Yeah, my guess is no, I don't think so.
And you're never going to find an attorney that is
going to pick up the case anyway, because there's just
not enough money in it.
Speaker 2 (24:14):
So if I had to guess, I would say no.
Speaker 1 (24:17):
But you know what I would do if I were you,
Number one, not listen to me, because I wouldn't hire me.
Second of all, there are copyright attorneys out there by
the dozens. So you can just check out and do
an ad search under a copyright attorney. And that's a
simple question. Hey, I have a question for the attorney,
and here it is. And so most attorneys will get
(24:40):
on the phone and answer that question. And you may
have something there. But my guess is the answer is
a big no. Hey, Mark, welcome to handle on the law.
Speaker 11 (24:52):
Good morning.
Speaker 7 (24:53):
Ask got a question. We are on the freeway next
to the carpool in there was a tour bus traveling
in the carpoli and a passenger on the bus supposedly
had opened the emergency hatch on top of this bus
and debris spewed out of it. The hatch flew off,
(25:15):
and I have about eleven thousand dollars in damage on
my truck.
Speaker 11 (25:20):
So yeah, so I called.
Speaker 7 (25:23):
The turbus company, saw the claim. They said, fine, well
we'll get back to you. I just got a letter
two weeks ago saying that they were uninsured at the
time of the accident. They had failed to pay their insurance.
Speaker 2 (25:38):
All right, well, let me ask this. Where are they located?
You have any Are they in La? Okay, you're in La.
Speaker 7 (25:46):
Too, right, I'm actually in Orange County traveling through Orange.
Speaker 2 (25:51):
That's easy, all right. All you do, you're within the
jurisdiction of small claims.
Speaker 1 (25:57):
You simply file a lawsuit in small claim scored against
the tour company. The fact that they're not insured doesn't
make them any less liable. It just means that they're
going to have to deal with it instead of the
insurance company. Now do you have uninsured motorists on your car?
Speaker 11 (26:13):
I do.
Speaker 7 (26:14):
My insurance company said, technically it is not a collision,
and my uninsured motorists would not qualify.
Speaker 1 (26:23):
That is a croc a man. I don't get that.
I really don't, because.
Speaker 7 (26:28):
They a brief falling off a vehicle hitting your car
doesn't qualify as an actual accident.
Speaker 2 (26:36):
I depends on which insurance company is this. This is okay.
I'm not familiar with one.
Speaker 1 (26:43):
WEISA, but that I find that kind of bizarre that
they're saying you have to be in an accident, right,
not uninsured?
Speaker 2 (26:54):
All right? So if a tree falls on your car
that we don't cover that.
Speaker 1 (26:58):
We only cover accidents where I guess the collision occurs.
That's that's a weird one for me, But okay, so
be it. So you're not going to go in that direction,
so you have to do it yourself. And doing it
yourself is filing a small claim suit against the bus company.
Speaker 7 (27:14):
That's all you can do, okay, And what are the
limits for small claims?
Speaker 2 (27:18):
Fifteen twelve twelve five dollars? All right, all right, this
is Handle on the Law.
Speaker 1 (27:26):
Welcome back marginal legal advice where I tell you have
no case.
Speaker 2 (27:36):
Chris, Hello, Chris, welcome to Handle on the Law.
Speaker 5 (27:40):
Hey, good morning, village. Is a quick question. I bought
an RV for seven thousand dollars. I went to the DMV,
did the transfer of ownership the non op is one
hundred and eighty bucks roughly. They gave me papers that
said it was incomplete and I was missing the signature.
Fast forward a year. My cousin was like, hey, I'll
buy the RV and I was like, you know, suite.
(28:01):
I gave her all the paperwork. I said, register it
and then you know, give me the seven thousand that
I paid and you could have it. She called Sacramento.
Sacramento said that there was a payment on the registration
of like one hundred and thirty five dollars. She figured
that was kind of weird because it's been in my
possession for over that year. And then she called Sacramento
(28:21):
again and they said, oh no, don't worry, just go
to the field office, sign the paperwork and you're good
to go. So now on this Monday that we just
had go to the DMV surrender all the paperwork. My
d she says, no problem, we got to get ahold
of Sacramento. Everything makes sense, nixt thing I know. There's
an officer behind me, basically takes me out of the chair,
(28:42):
puts me in the corner, doesn't give me a badge number, name,
what sheriff office? Where he's at. He wants to know
where the vehicle is. How I got up, how I
attained the vehicle, all this paperwork, and now the backstory
of the lady. I bought it from her husband, purchased
it before retireing he passed away. She had it, she
didn't know what to do with it. I said, hey,
(29:04):
I'll buy it. I believe she may have used her
daughter's signature and not her signature.
Speaker 2 (29:09):
But Chris, you have a you have a sales document, right.
Speaker 5 (29:13):
So she gave me the pink slip. She gave me
a bill of sale the first time I went to
the DMV. I believe they removed the pink slip, and
they only gave me your DMV the game Mary that.
Speaker 2 (29:23):
You know what to say. They removed the pink slip.
That's your pink slip.
Speaker 1 (29:28):
All I can do is record the numbers and you
keep the original pink slip.
Speaker 5 (29:33):
Chris, No, sir, everything was stable together.
Speaker 1 (29:37):
I well, you've got to you get to go to
the DMV and unravel the whole thing. And the fact
is that you have a signed sales document and if
it's not her signature, although I don't know how the
DMV knows whose signature it is and who isn't uh
you know, you know who's arguing that it's it's a
fraudulent signature.
Speaker 2 (29:58):
I have no idea.
Speaker 1 (30:00):
But a cop doesn't have to tell you what his
you know what his badge number.
Speaker 2 (30:05):
He can simply pull you aside reasonable cause.
Speaker 1 (30:08):
If it was reported stolen the vehicle or some question,
he's allowed to pull you over.
Speaker 2 (30:14):
And I'm assuming you weren't arrested.
Speaker 3 (30:16):
Right.
Speaker 5 (30:17):
He threatened to arrest me because I should be in handcuffs,
but he did.
Speaker 2 (30:21):
Wait a second, because you were. Were you in handcuffs?
Speaker 1 (30:24):
No?
Speaker 5 (30:24):
Sir, I was not in handcuffs, but he said that
you're lucky you're not in the handcuffs.
Speaker 1 (30:28):
Okay, okay, all right, So he's saying, you're lucky you're
not in handcuffs.
Speaker 5 (30:32):
All right, yes, And I'm lucky.
Speaker 1 (30:34):
I'm not in handcuffs. Do I sue someone for that?
A cop tells me I'm lucky? So that is that's irrelevant? Okay, okay, No,
You've got to just go to the DMV and get
this straightened out.
Speaker 2 (30:46):
I mean, you've got a lot of paperwork to deal with.
Speaker 1 (30:49):
You've got the sales agreement, you've got the attempt to
register it. And by the way, how did the cops
know that the car was stolen or there was an
issue if someone reported stolen.
Speaker 5 (31:00):
So I so, like I said, the husband bought it.
I assumed the wife inherited everything. But I believe the
daughter got involved in the daughter is the one that
reported it. So on. But I've called Sacramento twice and
not be into the DMV the first time, and nobody
had ever said the vehicle.
Speaker 2 (31:16):
Oh yeah, all right, so you had it slipped through
the cracks.
Speaker 1 (31:19):
There's a mess going on, and you it's it's it's
you going to the DMV. It's that simple and dealing
with it. I mean, that's You've got to just sit
down with someone. You got to make an appointment, and
that may take you three and a half years, but
you you've got to do it.
Speaker 2 (31:39):
Peter, Hello, Peter.
Speaker 5 (31:41):
How are you?
Speaker 3 (31:42):
Yees?
Speaker 11 (31:42):
Oh, I should have said that, I'm starting, Bill I have.
I got my Screen Actors Guild card in nineteen fifty
seven and I worked in films up until nineteen seventy
and I went to the pension department. It seems to
be separate from the regular Screen Actors Guild, although it's
a you know, it's a separate department from them. And
(32:05):
I probably need a very good pension lawyer, but I've
been a hard term finding one.
Speaker 1 (32:11):
Yeah, well here's what So are they screwing you out
of your pension?
Speaker 2 (32:15):
Is that what's going on?
Speaker 3 (32:17):
Oh?
Speaker 11 (32:17):
Yeah, they invested me for seven years. I went up
to the Burbank offices and at that time, that was
a few years ago, and they said, well, we don't
keep records before in nineteen sixty two. This was their
first excuse, and I'm going, well, okay, you know, I
got my card when I was nineteen sixty seven.
Speaker 1 (32:36):
Yeah, yeah, Peter, Here here's the problem you got. First
of all, getting a pension lawyer is not going to
help you because no one's going to eat. The best
you're going to do is get reinstated and get your
money that is owed to you, whatever they screwed you
out of.
Speaker 2 (32:49):
And it's not going to be hundreds of thousands of dollars.
Speaker 1 (32:52):
Well, let me ask you this, how much do you
think you have been screwed out of?
Speaker 11 (32:56):
Well, I'm thinking my sister were both working the same
industry and we work in the same time. They vested her.
She did an Elvis movie, and you know she worked
quite a bit too. But I work the same amount.
You know, but in TV shows, old TV shows, black
and white, color, you know, wagon trains, all those old shit.
Speaker 1 (33:16):
But I think it's very different, the residuals and the pension.
Speaker 2 (33:21):
And I don't know. I'm a member of sag Aftra,
so I have both.
Speaker 11 (33:24):
Yeah me too.
Speaker 2 (33:25):
Yeah, I have a.
Speaker 1 (33:26):
Pension, but you know I didn't start in nineteen fifty seven,
and I keep track of it constantly.
Speaker 2 (33:34):
But let me ask you this.
Speaker 1 (33:36):
Your sister working in movies, and I would guess that
TV movies, especially back then, very different animals in terms
of wolves paid into the pension plan. Also in terms
of working, it's how much you work in that calendar year,
and that's how they figure it out. So if you
worked let's say, eighteen days of shooting or forty eight
days of shooting, whatever it is, and your sister worked
(33:58):
fifty five or eighty, again, that's a different animal too.
And then the amount of money that you got paid
changes everything too. If someone's making fifty thousand dollars a
year working in the industry versus someone is making two
hundred thousand dollars a year, that's a very different amount
of money. So do you at this point, do you
(34:19):
have any idea of who how much money you did
get screwed out of?
Speaker 11 (34:26):
Well, I'm thinking, you know, I think my sister's getting about,
you know, eight hundred dollars a month or something over there. Yeah,
and you're talking about and you're getting what I would
have retired from it, and I'm getting nothing from them. Okay,
I do get residuals, but you know they're very ago.
Speaker 2 (34:42):
Yeah, I know, it's I was.
Speaker 1 (34:43):
I was in one movie and I honest to god
get residual checks for forty five cents.
Speaker 2 (34:49):
Yeah, I just.
Speaker 11 (34:50):
Can't match that, but I can almost match.
Speaker 1 (34:52):
Yeah, I know, it's completely crazy. Okay, it's gonna be
tough getting.
Speaker 2 (34:57):
A lawyer on this.
Speaker 1 (35:00):
What I would do is call your union representative, okay,
and ask say, hey, the pension department is screwing me,
because you're right, there're two different departments.
Speaker 2 (35:11):
You're absolutely right. Yeah, yeah, So that's where you want
to go.
Speaker 1 (35:16):
So, Peter, where you want to go is to the
union rep who represents you. That's where I would go
and get started there, because going to a lawyer is
crazy making. It's not going to help you at all.
Before we go, I want to talk about your bad breath.
Don't get too close to the speaker because the speaker
might actually melt. And so I'm going to suggest which
(35:38):
I do and have for well, I've known these people
as Zelman's for thirty years. I mean, this is family,
and a couple of years now I've been talking about
Zelman's mintye Mouth because well, they created Zelmans and it's
all about your breath and having fresh breath, which most
(35:58):
of us want, fresh clean breath that lasts for hours
and hours. And here's what Zelman's does. It's a little
capsule that has parsley seed oil in it.
Speaker 2 (36:07):
It's covered with mint, nice strong mint.
Speaker 1 (36:09):
So you pop two or three in your mouth and
you suck on the mint part like any other mint.
Then you swallow the capsule and it goes to work
in your gut. Because a lot of people don't realize
bad breath also comes from your stomach. I mean, the
food goes down there, the garlic, the onions, and it
burns and it churns, and the acids in.
Speaker 2 (36:27):
Your stomach that creates bad breath too, and.
Speaker 1 (36:30):
Zelmans takes care of that also, And no mint in
the world does that. So Zelman's, where do you get it?
Not at Walmart, not a Trader Joe's, not a costco.
You know where you get it at Zelmans dot com,
Z E L M I N S. Zellmans dot com.
This is Handle on the Law.
Speaker 2 (36:51):
You're listening to Bill Handle on Demand from KFI AM
six forty
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CrimeLess: Hillbilly Heist
It’s 1996 in rural North Carolina, and an oddball crew makes history when they pull off America’s third largest cash heist. But it’s all downhill from there. Join host Johnny Knoxville as he unspools a wild and woolly tale about a group of regular ‘ol folks who risked it all for a chance at a better life. CrimeLess: Hillbilly Heist answers the question: what would you do with 17.3 million dollars? The answer includes diamond rings, mansions, velvet Elvis paintings, plus a run for the border, murder-for-hire-plots, and FBI busts.