October 25, 2025 • 36 mins
Handel on the Law. Marginal Legal Replay.
See omnystudio.com/listener for privacy information.
Mark as Played
Transcript
Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:00):
You're listenings KFI AM six forty.
Speaker 2 (00:03):
The bill handles show on demand on the iHeartRadio f
This is Scandle on the law, Marginal legal advice, where
I tell you have absolutely no case. Always a pleasure
to tell you have absolutely no case. Robert Kennedy Jr.
As you know, is completely nuts. And for some reason
(00:26):
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 him up and he lost his license. And based
(00:50):
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. I mean, it's crazy stuff. So anyway,
in light of so many good, good, good studies, vaccines
(01:11):
do not cause autism.
Speaker 1 (01:13):
Well here's another one Thailand.
Speaker 2 (01:16):
All now, if given to a woman as she is pregnant,
that may cause autism. And there have been so many
studies of a cudamenifin and there have been so many
well been vieused for what a cedamenaphon one hundred years
(01:37):
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 maker of thailand All, a company
called ken View, is fighting this thing like crazy. The
(02:00):
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 position on a set of metaphine
during pregnancy. It doesn't exist. Here's the analogy pregnant women.
(02:25):
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 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
(02:50):
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 1 (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 a regular normal all.
Speaker 2 (03:32):
Right, tell me tell me how I'm tell me how
unusable it is.
Speaker 1 (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 car bottom.
Speaker 1 (03:45):
Fair enough, Okay, that's on 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 1 (03:55):
Okay, that's easy.
Speaker 3 (03:56):
Just by you said he do.
Speaker 1 (03:57):
You say I'm out of here?
Speaker 4 (03:58):
He's had the park on the street.
Speaker 2 (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 4 (04:13):
Why not, Well, you have to find a different apartment, that's.
Speaker 2 (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 1 (04:24):
You say, hey, here's the deal.
Speaker 2 (04:26):
You've preached the lease because you can't give me a
parking spot that you can't park in.
Speaker 1 (04:32):
That's not a parking spot where I come from.
Speaker 2 (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 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 1 (05:16):
Then you just move and you sue.
Speaker 4 (05:17):
Them to take them to small claims court.
Speaker 1 (05:22):
No, small claims court.
Speaker 2 (05:23):
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 1 (05:33):
Yeah, yeah, that would work. Okay, Yeah, And.
Speaker 2 (05:35):
Now are they going to go through all of that
and not fix spend two hundred dollars put some concrete
in the divot? I don't know. 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 1 (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 2 (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 1 (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, Okay.
Speaker 1 (06:39):
Then you go in, Well, then here's the problem.
Speaker 2 (06:41):
Then we go to the closest person, and they're even
a fifth sixth cousin would prevail Carolyn.
Speaker 1 (06:50):
If you're not related by blood.
Speaker 2 (06:53):
No, if it's step parent and stepparent and you don't
and they're the adoption hasn't been done. It's who's ever
related by blood and adoption by the way, it's the
same thing. Yeah, you're not going to get.
Speaker 1 (07:05):
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.
Speaker 3 (07:12):
That was the concusion we had.
Speaker 2 (07:13):
Well, it's there's the ownership. Was it owned and join tendancy?
Speaker 3 (07:18):
I don't know.
Speaker 1 (07:19):
That's what you got to find out. You gotta you know.
Speaker 2 (07:21):
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, the funeral yeah, the funeral home.
Speaker 1 (07:32):
I don't know if it's a deed or not.
Speaker 2 (07:33):
I I don't remember because when my huh, yeah, I don't.
I don't know 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,
and was fine.
Speaker 1 (07:50):
Yeah.
Speaker 2 (07:51):
So just I don't know, you know, other than you know,
you just can't walk in and say, uh, stepmom, et cetera.
Speaker 1 (07:59):
Now it doesn't work that way, unfortunately. Ah.
Speaker 2 (08:04):
This is handle on the law. This is handle on
the law, marginal legal advice where I tell you have
absolutely no case.
Speaker 1 (08:19):
Dan, Hi, Dan, welcome, Hey, bail.
Speaker 7 (08:23):
My daughter got busted for domestic violence.
Speaker 2 (08:27):
She was she was Your daughter was arrested for domestic violence.
Speaker 7 (08:33):
Yeah, okay, he with 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 1 (08:45):
Okay.
Speaker 7 (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. And 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
it 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.
Speaker 2 (09:23):
Of Well, she's already out because you may bail, correct, right, Okay,
so she's out.
Speaker 1 (09:32):
Do you need a lawyer? Not yet? Not yet.
Speaker 2 (09:35):
What she gets to do there will be an arraignment,
She will be charged. Does she have a does she
have a date already to show up in court?
Speaker 3 (09:45):
Yeah?
Speaker 2 (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.
Oh well, this is because the cop says it's a felony.
Does mean they're gonna wait because the cop, the cop
(10:07):
is not the person who makes the decision as to
how to charge it.
Speaker 1 (10:10):
It is the DA district attorney.
Speaker 2 (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.
She should co She should go up to 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
(10:34):
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 to
a misdemeanor assault charge, you won't get you. We're not
going to give any date jail for you. You'll pay
a fine whatever it is. If and they're gonna make
(10:55):
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 extension so I can get
(11:16):
an attorney. It's automatic, She'll get an attorney automatic, and
the judge will give it to you, and then you
talk to an attorney, You talk to a criminal attorney
to see whether the attorney is going to pick it
up or not. How much money does she have? 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.
Speaker 1 (11:40):
Then she's elible.
Speaker 2 (11:41):
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. 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
(12:03):
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 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
(12:25):
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 or a misdemeanor with
almost no repercussions.
Speaker 7 (12:40):
Now, could I throw something else? And here the charger
that she wanted? That the fight was all about the cop,
She goes, can I get by charger back at least?
Speaker 3 (12:51):
Yeah?
Speaker 1 (12:51):
How much of the charger worth?
Speaker 7 (12:53):
It's one hundred dollars?
Speaker 8 (12:56):
All right?
Speaker 1 (12:56):
And so what happened and what happened to the charger?
The cop just kept it?
Speaker 7 (13:01):
No, the guy kept it. The boys had kept it.
Speaker 9 (13:04):
You drive right?
Speaker 2 (13:04):
Well, she can all right, Well, she can sue him
for one hundred dollars in small claim scort.
Speaker 1 (13:10):
That's what she can do.
Speaker 7 (13:12):
That's well, what about the cops?
Speaker 9 (13:14):
The cops?
Speaker 2 (13:15):
Cop, you're not going to be able to touch the cop.
You're not gonna be able to touch at all. Okay,
cop can do Cop.
Speaker 1 (13:21):
I will not be able to touch at all.
Speaker 3 (13:24):
Uh.
Speaker 2 (13:24):
And that is uh, that's the least of her problems.
One hundred dollars. Annie, Hello, Annie, welcome to handle on
the law.
Speaker 3 (13:33):
Hello.
Speaker 10 (13:35):
I am sixty four. My husband's sixty six.
Speaker 2 (13:38):
The sound yeah, you sound a whole lot older than that, Annie,
I must tell you, no, I don't.
Speaker 1 (13:43):
Oh yeah, yeah, but that's okay.
Speaker 10 (13:44):
I'll raise my voice. I raise my voice a little bit.
Speaker 2 (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.
Speaker 1 (13:55):
Okay, Annie, you've been married for how long?
Speaker 10 (13:58):
Four years?
Speaker 2 (13:58):
Four years? All right, so you're newlywed. It's good for you,
all right. Yeah, what's your question, Annie, we're.
Speaker 10 (14:05):
Shopping for our 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 to
my family because that house might be purchased with inheritance.
(14:30):
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 1 (14:39):
Okay, that's an easy one, Annie.
Speaker 7 (14:41):
Okay.
Speaker 2 (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 2 (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.
Speaker 10 (15:03):
Would be maybe one hundred thousand dollars in the beginning.
Speaker 2 (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. That's the easiest
way of doing it, so he can't come back and attack.
(15:28):
But that's one part of it. The other part of
it is part of your inheritance that the property goes
to your family.
Speaker 1 (15:37):
You give him a life estate as what it's called.
Speaker 2 (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 1 (16:13):
I mean I would do that.
Speaker 2 (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 owned 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. I mean, she lasted seventy
(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 yeah, it's a great story. But you can do
that absolutely. This is Handle on the Law.
Speaker 1 (17:14):
You're listening to Bill Handle on Demand from KFI AM
six forty.
Speaker 2 (17:21):
Welcome back handle on the law marginal legal advice.
Speaker 1 (17:26):
Hello Dennis, Jennis, Yeah, welcome.
Speaker 11 (17:30):
I had a thank you. 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 1 (17:48):
Okay, how do you know you left open for twenty
four hours?
Speaker 11 (17:51):
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 1 (18:02):
Let me stop you right there.
Speaker 2 (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 11 (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.
Speaker 1 (18:22):
Okay, So all right, story.
Speaker 11 (18:23):
Short, I seen several different times after that that it
was open and no one was around.
Speaker 1 (18:29):
Okay, your question.
Speaker 11 (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.
Speaker 1 (18:47):
I catch you. I get it, all right, So what's
your question?
Speaker 11 (18:51):
Well, do they have liability?
Speaker 3 (18:53):
Can I go? Maybe?
Speaker 1 (18:54):
Yeah, maybe maybe?
Speaker 2 (18:56):
How much was how much is your how much is
it worth your travel trailer?
Speaker 11 (18:59):
But about thirty thousand dollars?
Speaker 1 (19:01):
Okay? So now, uh do you have do you have
insurance on it?
Speaker 11 (19:07):
I do, and I have. I have turned it over
to the insurance company, and 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
(19:27):
the how do you prove it?
Speaker 1 (19:28):
How do you prove what you how do you prove
what you have inside there?
Speaker 11 (19:32):
I have a list of all the stuff that was
in there because I I helped send it on using okay,
using this for RV share.
Speaker 2 (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 can 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 1 (19:54):
You're done.
Speaker 2 (19:54):
You can't go after the guy. You just take the 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. And
(20:18):
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 1 (20:30):
It's going to cost you a ton of money. Uh
don't know.
Speaker 2 (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.
Speaker 1 (20:42):
But you may want to just go yourself.
Speaker 2 (20:45):
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 11 (20:53):
Yeah, they're a large nationwide company.
Speaker 2 (20:56):
Oh there, then you should be okay. 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 11 (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. 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,
(21:38):
you're spending money for a lawyer and then collecting afterwards,
and this could be years by the way before you
get there.
Speaker 1 (21:47):
Okay, okay, or you go to the insurance company.
Speaker 2 (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 you know, I'm
not receiving or not responsible. 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
(22:10):
work that way. Hey, John, welcome to handle on the law.
Speaker 3 (22:14):
Yes, Bill, I was in the attik a riot in
New York State.
Speaker 12 (22:19):
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.
Speaker 3 (22:25):
Can I sue them for that?
Speaker 1 (22:27):
Okay? Well were you there? And is this is news?
Speaker 5 (22:30):
Right?
Speaker 2 (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 what are you going to sue them for?
You know, for putting the name your name in the book. No,
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 3 (22:59):
Uh? I don't know a couple of thousand dollars?
Speaker 2 (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 12 (23:14):
I'm not sure when the book was written. It you
can buy it on Amazon.
Speaker 3 (23:19):
Book is called blood h Yeah.
Speaker 1 (23:22):
And what did you describe? What riots?
Speaker 3 (23:26):
The Attic a riot in New York State?
Speaker 1 (23:28):
Oh, the Attica riots.
Speaker 2 (23:29):
Were you in prison at the time, yes, oh yeah, yeah.
Speaker 1 (23:36):
I don't think so. What were you in prison for?
Speaker 12 (23:37):
By the way, John, Well, back back in them days,
if you violated probation, that's where they sent you.
Speaker 1 (23:46):
Ah.
Speaker 12 (23:46):
And I was in I was on probation for stealing
a car and they violated me and they sent me
to Attica.
Speaker 3 (23:54):
And I was only in there.
Speaker 1 (23:55):
Two weeks and then they cut you loose, right.
Speaker 3 (24:00):
No, they sent me to a camp.
Speaker 2 (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. So if I had to guess,
I would say no. 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
(24:27):
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 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,
(24:48):
welcome to handle on the law.
Speaker 8 (24:52):
Good morning.
Speaker 1 (24:53):
Got a question.
Speaker 8 (24:54):
We are on the freeway next to the carpool and
there's a tour bus traveling in the carpoolie 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, and I have about eleven thousand
(25:17):
dollars in damage on my truck. So yeah, so I
called the tour bus 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 1 (25:38):
All right, well, let me ask this. Where are they located?
You have any Are they in La? Okay?
Speaker 8 (25:46):
You're in La too, right, I'm actually in Orange County
through Orange.
Speaker 1 (25:51):
That's easy, all right. All you do, you're within the
jurisdiction of small claims.
Speaker 2 (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 3 (26:13):
I do.
Speaker 8 (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 8 (26:28):
They start a brief falling off a vehicle hitting your
car doesn't qualify as an actual accident.
Speaker 1 (26:36):
I depends on which insurance company is this. This is okay.
Speaker 2 (26:42):
I'm not familiar with one, Weenisa, but that is I
find that kind of bizarre that they're saying you have
to be in an accident, right, not uninsured? All right,
So if a tree falls on your car that we
don't cover that. We only cover accidents where I guess
the collision occurs. That's that's a weird one for me,
(27:03):
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 9 (27:14):
That's all you can do, okay, And what are the
limits for small claims?
Speaker 1 (27:18):
Fifteen twelve twelve five dollars? All right, all right, this
is Handle on the Law.
Speaker 2 (27:26):
Welcome back marginal legal advice where I tell you you
have no case.
Speaker 1 (27:34):
Uh 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 a paper
that said it was incomplete and I was missing a 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 1 (29:09):
But Chris, you have a you have a sales document, right,
So she gave me.
Speaker 5 (29:14):
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.
Speaker 2 (29:22):
The wait marry that you know way to say they
removed the pink slip. That's your pink slip. 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 2 (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 1 (29:58):
I have no idea. 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, if it
was reported stolen the vehicle or some question, he's allowed
to pull you over.
Speaker 1 (30:13):
And I'm assuming you weren't arrested. Right.
Speaker 5 (30:17):
He threatened to arrest me because I should be in handcuffs,
but he did.
Speaker 1 (30:21):
Wait a second, because you were Were you in handcuffs?
Speaker 5 (30:24):
No, Sarah, I was not in handcuffs. But he said
that you're lucky you're not in the handcuffs.
Speaker 2 (30:28):
Okay, okay, all right, So he's saying you're lucky you're
not in handcuffs.
Speaker 1 (30:32):
All right, Yes, I'm lucky.
Speaker 2 (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. You've got a lot of paperwork to
deal with. You've got the sales agreement, you've got the
attempt to register it. And by the way, how did
(30:55):
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 wipe inherited everything. But I believe the
daughter got involved in the daughters the one that reported it.
So but I've called Sacramento twice and I'd 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. 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.
Speaker 1 (31:36):
You've got to do it. Peter, Hello, Peter, how are you? Yes?
Speaker 9 (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 time finding one.
Speaker 2 (32:11):
Yeah, well here's what So are they screwing you out
of your pension? Is that what's going on?
Speaker 3 (32:17):
Oh?
Speaker 9 (32:17):
Yeah, they vested 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.
Speaker 2 (32:40):
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. And it's not going to be hundreds
of thousands of dollars. Well, let me ask you this,
how much do you think you have been screwed out of?
Speaker 9 (32:56):
Well, I'm thinking my sister were both work in the
same industry and we work in the same time. They
vested her. She did an hell of this 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 suit But I think it's.
Speaker 1 (33:18):
Very different, the residuals and the pension. And I don't know.
I'm a member of sag Aftra, so I have both.
Speaker 9 (33:25):
Me too.
Speaker 2 (33:25):
Yeah, I have a pension, but you know, I didn't
start in nineteen fifty seven, and I keep track of
it constantly.
Speaker 1 (33:34):
But let me ask you this.
Speaker 2 (33:36):
Your sister working in movies, and I would guess that
TV movies, especially back then, very different animals in terms
of what was 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
(33:57):
sister worked 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 who's
making two hundred thousand dollars a year, that's.
Speaker 1 (34:15):
A very different amount of money.
Speaker 2 (34:18):
So do you at this point, do you have any
idea of who how much money you did get screwed
out of?
Speaker 9 (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.
Speaker 1 (34:32):
Yeah, and you're talking about and you're getting what.
Speaker 9 (34:34):
I would have retired from it, and I'm getting nothing
from them. Okay, I do get residuals, but you know
they're very.
Speaker 12 (34:41):
Ago.
Speaker 2 (34:42):
Yeah, I know it's I was I was in one
movie and I, honest to god get residual checks for
forty five cents.
Speaker 9 (34:49):
Yeah, I just can't match that, but I can almost
match it.
Speaker 1 (34:52):
Yeah, I know. It's completely crazy. Okay, it's gonna be
tough getting a lawyer on this.
Speaker 2 (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 are two different departments.
Speaker 1 (35:11):
You're absolutely right. Yeah, yeah, so that's where you want
to go. So, Peter, where you want to go is
to the union rep who represents you.
Speaker 2 (35:22):
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 I do and have
for well, I've known these people as Zelman's for thirty years.
(35:43):
I mean this is family, and a couple of years
now I've been talking about Zelman's minte Mouth because well,
they created Zelmans and it's all about your breath and
having fresh breath, which most 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
(36:06):
oil in it. It's covered with mint, nice strong mint.
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 your stomach
(36:27):
and that creates bad breath too, and 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
(36:49):
on the Law.
Speaker 1 (36:51):
You're listening to Bill Handle on Demand from KFI AM
six forty
You're listenings KFI AM six forty.
Speaker 2 (00:03):
The bill handles show on demand on the iHeartRadio f
This is Scandle on the law, Marginal legal advice, where
I tell you have absolutely no case. Always a pleasure
to tell you have absolutely no case. Robert Kennedy Jr.
As you know, is completely nuts. And for some reason
(00:26):
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 him up and he lost his license. And based
(00:50):
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. I mean, it's crazy stuff. So anyway,
in light of so many good, good, good studies, vaccines
(01:11):
do not cause autism.
Speaker 1 (01:13):
Well here's another one Thailand.
Speaker 2 (01:16):
All now, if given to a woman as she is pregnant,
that may cause autism. And there have been so many
studies of a cudamenifin and there have been so many
well been vieused for what a cedamenaphon one hundred years
(01:37):
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 maker of thailand All, a company
called ken View, is fighting this thing like crazy. The
(02:00):
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 position on a set of metaphine
during pregnancy. It doesn't exist. Here's the analogy pregnant women.
(02:25):
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 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
(02:50):
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 1 (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 a regular normal all.
Speaker 2 (03:32):
Right, tell me tell me how I'm tell me how
unusable it is.
Speaker 1 (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 car bottom.
Speaker 1 (03:45):
Fair enough, Okay, that's on 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 1 (03:55):
Okay, that's easy.
Speaker 3 (03:56):
Just by you said he do.
Speaker 1 (03:57):
You say I'm out of here?
Speaker 4 (03:58):
He's had the park on the street.
Speaker 2 (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 4 (04:13):
Why not, Well, you have to find a different apartment, that's.
Speaker 2 (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 1 (04:24):
You say, hey, here's the deal.
Speaker 2 (04:26):
You've preached the lease because you can't give me a
parking spot that you can't park in.
Speaker 1 (04:32):
That's not a parking spot where I come from.
Speaker 2 (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 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 1 (05:16):
Then you just move and you sue.
Speaker 4 (05:17):
Them to take them to small claims court.
Speaker 1 (05:22):
No, small claims court.
Speaker 2 (05:23):
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 1 (05:33):
Yeah, yeah, that would work. Okay, Yeah, And.
Speaker 2 (05:35):
Now are they going to go through all of that
and not fix spend two hundred dollars put some concrete
in the divot? I don't know. 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 1 (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 2 (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 1 (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, Okay.
Speaker 1 (06:39):
Then you go in, Well, then here's the problem.
Speaker 2 (06:41):
Then we go to the closest person, and they're even
a fifth sixth cousin would prevail Carolyn.
Speaker 1 (06:50):
If you're not related by blood.
Speaker 2 (06:53):
No, if it's step parent and stepparent and you don't
and they're the adoption hasn't been done. It's who's ever
related by blood and adoption by the way, it's the
same thing. Yeah, you're not going to get.
Speaker 1 (07:05):
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.
Speaker 3 (07:12):
That was the concusion we had.
Speaker 2 (07:13):
Well, it's there's the ownership. Was it owned and join tendancy?
Speaker 3 (07:18):
I don't know.
Speaker 1 (07:19):
That's what you got to find out. You gotta you know.
Speaker 2 (07:21):
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, the funeral yeah, the funeral home.
Speaker 1 (07:32):
I don't know if it's a deed or not.
Speaker 2 (07:33):
I I don't remember because when my huh, yeah, I don't.
I don't know 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,
and was fine.
Speaker 1 (07:50):
Yeah.
Speaker 2 (07:51):
So just I don't know, you know, other than you know,
you just can't walk in and say, uh, stepmom, et cetera.
Speaker 1 (07:59):
Now it doesn't work that way, unfortunately. Ah.
Speaker 2 (08:04):
This is handle on the law. This is handle on
the law, marginal legal advice where I tell you have
absolutely no case.
Speaker 1 (08:19):
Dan, Hi, Dan, welcome, Hey, bail.
Speaker 7 (08:23):
My daughter got busted for domestic violence.
Speaker 2 (08:27):
She was she was Your daughter was arrested for domestic violence.
Speaker 7 (08:33):
Yeah, okay, he with 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 1 (08:45):
Okay.
Speaker 7 (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. And 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
it 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.
Speaker 2 (09:23):
Of Well, she's already out because you may bail, correct, right, Okay,
so she's out.
Speaker 1 (09:32):
Do you need a lawyer? Not yet? Not yet.
Speaker 2 (09:35):
What she gets to do there will be an arraignment,
She will be charged. Does she have a does she
have a date already to show up in court?
Speaker 3 (09:45):
Yeah?
Speaker 2 (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.
Oh well, this is because the cop says it's a felony.
Does mean they're gonna wait because the cop, the cop
(10:07):
is not the person who makes the decision as to
how to charge it.
Speaker 1 (10:10):
It is the DA district attorney.
Speaker 2 (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.
She should co She should go up to 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
(10:34):
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 to
a misdemeanor assault charge, you won't get you. We're not
going to give any date jail for you. You'll pay
a fine whatever it is. If and they're gonna make
(10:55):
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 extension so I can get
(11:16):
an attorney. It's automatic, She'll get an attorney automatic, and
the judge will give it to you, and then you
talk to an attorney, You talk to a criminal attorney
to see whether the attorney is going to pick it
up or not. How much money does she have? 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.
Speaker 1 (11:40):
Then she's elible.
Speaker 2 (11:41):
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. 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
(12:03):
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 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
(12:25):
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 or a misdemeanor with
almost no repercussions.
Speaker 7 (12:40):
Now, could I throw something else? And here the charger
that she wanted? That the fight was all about the cop,
She goes, can I get by charger back at least?
Speaker 3 (12:51):
Yeah?
Speaker 1 (12:51):
How much of the charger worth?
Speaker 7 (12:53):
It's one hundred dollars?
Speaker 8 (12:56):
All right?
Speaker 1 (12:56):
And so what happened and what happened to the charger?
The cop just kept it?
Speaker 7 (13:01):
No, the guy kept it. The boys had kept it.
Speaker 9 (13:04):
You drive right?
Speaker 2 (13:04):
Well, she can all right, Well, she can sue him
for one hundred dollars in small claim scort.
Speaker 1 (13:10):
That's what she can do.
Speaker 7 (13:12):
That's well, what about the cops?
Speaker 9 (13:14):
The cops?
Speaker 2 (13:15):
Cop, you're not going to be able to touch the cop.
You're not gonna be able to touch at all. Okay,
cop can do Cop.
Speaker 1 (13:21):
I will not be able to touch at all.
Speaker 3 (13:24):
Uh.
Speaker 2 (13:24):
And that is uh, that's the least of her problems.
One hundred dollars. Annie, Hello, Annie, welcome to handle on
the law.
Speaker 3 (13:33):
Hello.
Speaker 10 (13:35):
I am sixty four. My husband's sixty six.
Speaker 2 (13:38):
The sound yeah, you sound a whole lot older than that, Annie,
I must tell you, no, I don't.
Speaker 1 (13:43):
Oh yeah, yeah, but that's okay.
Speaker 10 (13:44):
I'll raise my voice. I raise my voice a little bit.
Speaker 2 (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.
Speaker 1 (13:55):
Okay, Annie, you've been married for how long?
Speaker 10 (13:58):
Four years?
Speaker 2 (13:58):
Four years? All right, so you're newlywed. It's good for you,
all right. Yeah, what's your question, Annie, we're.
Speaker 10 (14:05):
Shopping for our 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 to
my family because that house might be purchased with inheritance.
(14:30):
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 1 (14:39):
Okay, that's an easy one, Annie.
Speaker 7 (14:41):
Okay.
Speaker 2 (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 2 (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.
Speaker 10 (15:03):
Would be maybe one hundred thousand dollars in the beginning.
Speaker 2 (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. That's the easiest
way of doing it, so he can't come back and attack.
(15:28):
But that's one part of it. The other part of
it is part of your inheritance that the property goes
to your family.
Speaker 1 (15:37):
You give him a life estate as what it's called.
Speaker 2 (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 1 (16:13):
I mean I would do that.
Speaker 2 (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 owned 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. I mean, she lasted seventy
(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 yeah, it's a great story. But you can do
that absolutely. This is Handle on the Law.
Speaker 1 (17:14):
You're listening to Bill Handle on Demand from KFI AM
six forty.
Speaker 2 (17:21):
Welcome back handle on the law marginal legal advice.
Speaker 1 (17:26):
Hello Dennis, Jennis, Yeah, welcome.
Speaker 11 (17:30):
I had a thank you. 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 1 (17:48):
Okay, how do you know you left open for twenty
four hours?
Speaker 11 (17:51):
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 1 (18:02):
Let me stop you right there.
Speaker 2 (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 11 (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.
Speaker 1 (18:22):
Okay, So all right, story.
Speaker 11 (18:23):
Short, I seen several different times after that that it
was open and no one was around.
Speaker 1 (18:29):
Okay, your question.
Speaker 11 (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.
Speaker 1 (18:47):
I catch you. I get it, all right, So what's
your question?
Speaker 11 (18:51):
Well, do they have liability?
Speaker 3 (18:53):
Can I go? Maybe?
Speaker 1 (18:54):
Yeah, maybe maybe?
Speaker 2 (18:56):
How much was how much is your how much is
it worth your travel trailer?
Speaker 11 (18:59):
But about thirty thousand dollars?
Speaker 1 (19:01):
Okay? So now, uh do you have do you have
insurance on it?
Speaker 11 (19:07):
I do, and I have. I have turned it over
to the insurance company, and 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
(19:27):
the how do you prove it?
Speaker 1 (19:28):
How do you prove what you how do you prove
what you have inside there?
Speaker 11 (19:32):
I have a list of all the stuff that was
in there because I I helped send it on using okay,
using this for RV share.
Speaker 2 (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 can 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 1 (19:54):
You're done.
Speaker 2 (19:54):
You can't go after the guy. You just take the 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. And
(20:18):
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 1 (20:30):
It's going to cost you a ton of money. Uh
don't know.
Speaker 2 (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.
Speaker 1 (20:42):
But you may want to just go yourself.
Speaker 2 (20:45):
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 11 (20:53):
Yeah, they're a large nationwide company.
Speaker 2 (20:56):
Oh there, then you should be okay. 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 11 (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. 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,
(21:38):
you're spending money for a lawyer and then collecting afterwards,
and this could be years by the way before you
get there.
Speaker 1 (21:47):
Okay, okay, or you go to the insurance company.
Speaker 2 (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 you know, I'm
not receiving or not responsible. 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
(22:10):
work that way. Hey, John, welcome to handle on the law.
Speaker 3 (22:14):
Yes, Bill, I was in the attik a riot in
New York State.
Speaker 12 (22:19):
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.
Speaker 3 (22:25):
Can I sue them for that?
Speaker 1 (22:27):
Okay? Well were you there? And is this is news?
Speaker 5 (22:30):
Right?
Speaker 2 (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 what are you going to sue them for?
You know, for putting the name your name in the book. No,
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 3 (22:59):
Uh? I don't know a couple of thousand dollars?
Speaker 2 (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 12 (23:14):
I'm not sure when the book was written. It you
can buy it on Amazon.
Speaker 3 (23:19):
Book is called blood h Yeah.
Speaker 1 (23:22):
And what did you describe? What riots?
Speaker 3 (23:26):
The Attic a riot in New York State?
Speaker 1 (23:28):
Oh, the Attica riots.
Speaker 2 (23:29):
Were you in prison at the time, yes, oh yeah, yeah.
Speaker 1 (23:36):
I don't think so. What were you in prison for?
Speaker 12 (23:37):
By the way, John, Well, back back in them days,
if you violated probation, that's where they sent you.
Speaker 1 (23:46):
Ah.
Speaker 12 (23:46):
And I was in I was on probation for stealing
a car and they violated me and they sent me
to Attica.
Speaker 3 (23:54):
And I was only in there.
Speaker 1 (23:55):
Two weeks and then they cut you loose, right.
Speaker 3 (24:00):
No, they sent me to a camp.
Speaker 2 (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. So if I had to guess,
I would say no. 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
(24:27):
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 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,
(24:48):
welcome to handle on the law.
Speaker 8 (24:52):
Good morning.
Speaker 1 (24:53):
Got a question.
Speaker 8 (24:54):
We are on the freeway next to the carpool and
there's a tour bus traveling in the carpoolie 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, and I have about eleven thousand
(25:17):
dollars in damage on my truck. So yeah, so I
called the tour bus 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 1 (25:38):
All right, well, let me ask this. Where are they located?
You have any Are they in La? Okay?
Speaker 8 (25:46):
You're in La too, right, I'm actually in Orange County
through Orange.
Speaker 1 (25:51):
That's easy, all right. All you do, you're within the
jurisdiction of small claims.
Speaker 2 (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 3 (26:13):
I do.
Speaker 8 (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 8 (26:28):
They start a brief falling off a vehicle hitting your
car doesn't qualify as an actual accident.
Speaker 1 (26:36):
I depends on which insurance company is this. This is okay.
Speaker 2 (26:42):
I'm not familiar with one, Weenisa, but that is I
find that kind of bizarre that they're saying you have
to be in an accident, right, not uninsured? All right,
So if a tree falls on your car that we
don't cover that. We only cover accidents where I guess
the collision occurs. That's that's a weird one for me,
(27:03):
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 9 (27:14):
That's all you can do, okay, And what are the
limits for small claims?
Speaker 1 (27:18):
Fifteen twelve twelve five dollars? All right, all right, this
is Handle on the Law.
Speaker 2 (27:26):
Welcome back marginal legal advice where I tell you you
have no case.
Speaker 1 (27:34):
Uh 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 a paper
that said it was incomplete and I was missing a 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 1 (29:09):
But Chris, you have a you have a sales document, right,
So she gave me.
Speaker 5 (29:14):
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.
Speaker 2 (29:22):
The wait marry that you know way to say they
removed the pink slip. That's your pink slip. 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 2 (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 1 (29:58):
I have no idea. 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, if it
was reported stolen the vehicle or some question, he's allowed
to pull you over.
Speaker 1 (30:13):
And I'm assuming you weren't arrested. Right.
Speaker 5 (30:17):
He threatened to arrest me because I should be in handcuffs,
but he did.
Speaker 1 (30:21):
Wait a second, because you were Were you in handcuffs?
Speaker 5 (30:24):
No, Sarah, I was not in handcuffs. But he said
that you're lucky you're not in the handcuffs.
Speaker 2 (30:28):
Okay, okay, all right, So he's saying you're lucky you're
not in handcuffs.
Speaker 1 (30:32):
All right, Yes, I'm lucky.
Speaker 2 (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. You've got a lot of paperwork to
deal with. You've got the sales agreement, you've got the
attempt to register it. And by the way, how did
(30:55):
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 wipe inherited everything. But I believe the
daughter got involved in the daughters the one that reported it.
So but I've called Sacramento twice and I'd 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. 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.
Speaker 1 (31:36):
You've got to do it. Peter, Hello, Peter, how are you? Yes?
Speaker 9 (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 time finding one.
Speaker 2 (32:11):
Yeah, well here's what So are they screwing you out
of your pension? Is that what's going on?
Speaker 3 (32:17):
Oh?
Speaker 9 (32:17):
Yeah, they vested 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.
Speaker 2 (32:40):
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. And it's not going to be hundreds
of thousands of dollars. Well, let me ask you this,
how much do you think you have been screwed out of?
Speaker 9 (32:56):
Well, I'm thinking my sister were both work in the
same industry and we work in the same time. They
vested her. She did an hell of this 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 suit But I think it's.
Speaker 1 (33:18):
Very different, the residuals and the pension. And I don't know.
I'm a member of sag Aftra, so I have both.
Speaker 9 (33:25):
Me too.
Speaker 2 (33:25):
Yeah, I have a pension, but you know, I didn't
start in nineteen fifty seven, and I keep track of
it constantly.
Speaker 1 (33:34):
But let me ask you this.
Speaker 2 (33:36):
Your sister working in movies, and I would guess that
TV movies, especially back then, very different animals in terms
of what was 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
(33:57):
sister worked 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 who's
making two hundred thousand dollars a year, that's.
Speaker 1 (34:15):
A very different amount of money.
Speaker 2 (34:18):
So do you at this point, do you have any
idea of who how much money you did get screwed
out of?
Speaker 9 (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.
Speaker 1 (34:32):
Yeah, and you're talking about and you're getting what.
Speaker 9 (34:34):
I would have retired from it, and I'm getting nothing
from them. Okay, I do get residuals, but you know
they're very.
Speaker 12 (34:41):
Ago.
Speaker 2 (34:42):
Yeah, I know it's I was I was in one
movie and I, honest to god get residual checks for
forty five cents.
Speaker 9 (34:49):
Yeah, I just can't match that, but I can almost
match it.
Speaker 1 (34:52):
Yeah, I know. It's completely crazy. Okay, it's gonna be
tough getting a lawyer on this.
Speaker 2 (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 are two different departments.
Speaker 1 (35:11):
You're absolutely right. Yeah, yeah, so that's where you want
to go. So, Peter, where you want to go is
to the union rep who represents you.
Speaker 2 (35:22):
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 I do and have
for well, I've known these people as Zelman's for thirty years.
(35:43):
I mean this is family, and a couple of years
now I've been talking about Zelman's minte Mouth because well,
they created Zelmans and it's all about your breath and
having fresh breath, which most 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
(36:06):
oil in it. It's covered with mint, nice strong mint.
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 your stomach
(36:27):
and that creates bad breath too, and 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
(36:49):
on the Law.
Speaker 1 (36:51):
You're listening to Bill Handle on Demand from KFI AM
six forty
Popular Podcasts
Las Culturistas with Matt Rogers and Bowen Yang
Ding dong! Join your culture consultants, Matt Rogers and Bowen Yang, on an unforgettable journey into the beating heart of CULTURE. Alongside sizzling special guests, they GET INTO the hottest pop-culture moments of the day and the formative cultural experiences that turned them into Culturistas. Produced by the Big Money Players Network and iHeartRadio.
The Joe Rogan Experience
The official podcast of comedian Joe Rogan.
Stuff You Should Know
If you've ever wanted to know about champagne, satanism, the Stonewall Uprising, chaos theory, LSD, El Nino, true crime and Rosa Parks, then look no further. Josh and Chuck have you covered.