December 6, 2025 • 37 mins
Handel on the Law. Marginal Legal Advice.
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Speaker 1 (00:00):
You're listening to kf I AM six forty, the Bill
Handles show on demand on the iHeartRadio.
Speaker 2 (00:06):
F tf I AM six forty.
Speaker 1 (00:10):
Bill Handle here Saturday morning, last hour of the Legal
Show for Richard Murrale comes aboard with the Tech Show
eleven to two, and then Neil Savedra, who I work
with every day. He has his own food show, the
FOK Report, and that's from two to five. And the
phone number here always top of the always top of
(00:33):
the hour, and it is eight hundred five to zero
one five three four, eight hundred five to zero one
five three.
Speaker 2 (00:41):
Four, and we do have lines open. Okay.
Speaker 1 (00:44):
With that, Welcome to handle on the law. Marginal legal
advice where I tell you have absolutely no case. And
if you've been listening for the last little while, I'm
talking about in the last couple of hours, I've joyfully
told people they have no case, because that's what makes me.
When you do have a case, eh, it can go
all the way from eh to I'm your own No,
(01:10):
you have nothing. So it depends on how much of
a nothing case you have. Now, let's move on to
a couple of cases that are kind of fine. These
are food oriented First of all, in a historic, a first,
it's never been done, San Francisco became the first government
of any kind to file a lawsuit against food manufacturers
(01:34):
over ultra process snacks and drinks. That lawsuit argues is
wreaking havoc on Americans health, and it names ten of
the most popular food manufacturers known for highly processed foods,
Craft Hinds, Mondolez, read Oreos, Post Holdings, Coca Cola, PepsiCo,
(01:56):
General Mills, Nestley, Kellogg's, Mars Canagara Brands that the lawsuit
says these companies knew that these processed foods were in
fact making people sick, and they did nothing about it
except continue to market and particularly marketing and targeting children.
(02:21):
WHOA Okay, now, this reminds us specifically of big tobacco, when,
if you remember, if you were around long enough before
the settlement came well afterually decades ago, big tobacco would
tell you that nicotine is good for you, that nicotine
(02:42):
actually helps you, if you can imagine this helps relax
you with all the nicotine in it, all the cigarettes
and the nicotine's in the cigarettes. Well, it turned out
and they knew that it caused lung cancer and still
went forward and marketed cigarettes as a healthful alternative to
(03:03):
whatever miserable life you're having. Well, that lawsuit, I think
for seventy billion dollars. Estates got the money and individuals
got money.
Speaker 2 (03:11):
A little complicated. The other one is big pharma.
Speaker 1 (03:15):
And this isn't knowing that there's dangerous, but big pharma,
the major pharmaceutical companies are arguing now that high prices
are good for you. Wait a minute, they're actually arguing
that if the price of drugs goes down, that's bad
(03:36):
for the consumer. You bet that's exactly what they're arguing. Wow,
all right, So that was one story. The other story
is kind of fun. Their Ocean Spray is investigating after
a viral video showing cans of thanks Giving cranberry juice
(03:59):
were filled with water. There was a TikTok video posted
someone is opening a can of Ocean Spray and as
they open, the water comes out the top of the can.
It was filled with water. The video generated one hundred
and two thousand views. What a shocker, and Ocean Spray
is looking into it is investigating it.
Speaker 2 (04:21):
Now.
Speaker 1 (04:22):
I don't know what you say to that. You got
what so you have some cans that have water. Is
there any danger to anybody? Probably not. Is there a
class action suit? Probably not. What if you bought a
can of Ocean Spray within the last five years, you
can get a coupon for fifty percent off the next
(04:44):
can of ocean Spray. I mean that's typically with food issues,
that when you have class action food issues unless people
get really ill.
Speaker 2 (04:54):
This is just a fun one.
Speaker 1 (04:56):
And what's going to see as Ocean Spray investigating this
because I think there were several of these, which makes
it at a little bit more has a little more
valid because two other open cans with water inside. We're
(05:16):
sitting on the counter, and I don't know how much
of that is real.
Speaker 2 (05:21):
That video of.
Speaker 1 (05:22):
The two other open cans has over ten million views.
I mean, go figure, all right, I don't know what's
going to come out of that, obviously not Cranberry's or
Cranberry sauce.
Speaker 2 (05:36):
All right, let's go ahead and take some.
Speaker 1 (05:40):
Phone calls. Let's start with all right, Gail's been with
her for a while. Hello, Gail, welcome.
Speaker 3 (05:50):
Good morning, Yes, ma'am, my husband died up. My husband
died a few months ago. He had a living trust
I am both the come beneficiary as well as the
surviving successor trustee. I've been contacting the attorney who set
up the trust for him to request this certificate of
(06:11):
trust so that I can conduct trust business with financial institutions,
et cetera. I sent the request letter included a notarized
proof of my identity a notarized withdrawal letter from the
previous success or trustee. I sent them in the mail certified.
(06:32):
Of course, I cannot get him to respond. I've called
his office.
Speaker 2 (06:37):
Okay, yeah, all right. Now I have a question.
Speaker 1 (06:40):
All right, Uh, when depends on the financial institution that
wants you to have some kind of a certified trust.
The only, the only certification for a trust that I'm
aware of, it has to be notarized. I said, you,
I have a note, you have a notarized trust, and
which is I?
Speaker 2 (07:00):
You know?
Speaker 1 (07:00):
For example, I have a trustee, I have a trust
and the trustee. I'm a trustee, my ex is a trustee,
and then there's a successor trustee, and then there's another
successor trustee in the event that everybody dies. And all
I did was do original wet signatures on all of
the trusts and notarize every one of those. And I
(07:26):
am kind of surprised that you need a certificate what
the lawyer ascertaining that these are real trusts. I don't
quite understand what the lawyer's supposed to do.
Speaker 2 (07:35):
I'm missing something here.
Speaker 3 (07:37):
Sure, perhaps that's my explanation, and I do apologize. I
don't have the original trust. Dot. Yeah, then my husband died.
I don't know where anything is.
Speaker 1 (07:49):
Okay, understood, understood, all right, now, I get it. Yes,
so you don't have a copy of the trust, and
the lawyer who does have a copy of the trust
is not forwarding to you a copy of the trust.
Speaker 2 (08:01):
Correct.
Speaker 3 (08:02):
No, no, Bill, I have a photo copy, but not
like legal No, I understand.
Speaker 2 (08:07):
No, you have a photocopy of the trust.
Speaker 4 (08:09):
I get that.
Speaker 2 (08:10):
Okay. No, I understand that.
Speaker 1 (08:11):
By the way, a copy of the trust, when there
is no original trust, does have legal validity.
Speaker 2 (08:18):
It can be used.
Speaker 1 (08:19):
Now, financial institutions, some of them go, no, not going
to do it.
Speaker 2 (08:23):
It's their call. It's literally their call.
Speaker 1 (08:26):
For example, if you're gonna do real estate, there's no
chance in hell they're gonna let you sell or buy
a piece of property with a photocopied trust. But if
there is an original, and if a lawyer is holding
on to the original, he has a notarized copy of
the trust. Very few lawyers would not say notarize this puppy.
So he's got it and he won't give it to you.
(08:49):
So you call him up or send a letter and say,
my next step is my next step is filing complaint
with a state bar because you have abandoned a client
the magic word you want to use, abandoned a client,
and the bar does not like that. Now theoretically, when
not even theoretically, you can go to court and uh,
(09:09):
the court will mandate that the attorney turn over the
trust to you, the original documents to you. And is
the judge going to ignore a judge? I mean, is
the attorney go to ignore a judge making an order?
I mean, what attorney's going.
Speaker 5 (09:24):
To do that?
Speaker 2 (09:25):
Screw you, your honor.
Speaker 1 (09:26):
I have no intention of turning over this trust to Gail. Really,
so here's what I would do.
Speaker 2 (09:36):
Try.
Speaker 3 (09:37):
Yeah, So with my husband's death, doesn't a client attorney
relationship end because I was not his client my husband.
Speaker 1 (09:50):
No, it doesn't matter. You are No, you are the trustee.
You are the trustee. He has to the relationship ends.
I mean, he's not your attorney, but he has a
turnover the documents to you.
Speaker 2 (10:02):
That he has to do.
Speaker 1 (10:04):
And if he refuses to, there's an abandonment issue. And
you say I'm going to court, You.
Speaker 2 (10:09):
Go to court. And I guarantee you that if it's
going to.
Speaker 1 (10:13):
Take a court order. Now you're gonna have to pay
upfront to a lawyer to do this. I'm hoping you
have the money, You'll get the money back, you'll get
sanctions on top of that. No judge is not going
to nail a lawyer who wrote a trust who refuses
to give the trustee and the beneficiary a copy of
the trust.
Speaker 2 (10:33):
So try that.
Speaker 1 (10:35):
Yeah, yeah, trust you. Here are the rules, right a trust.
You have to be notarized. Now you have a trust.
Now there are a couple of other rules that to
signatures and dates, et cetera.
Speaker 2 (10:48):
But that's all you really need.
Speaker 1 (10:51):
So this certificate is well, the lawyers they don't create
certificates of some kind. They just produce original documents. This
is handle on the law.
Speaker 2 (11:04):
Yeah, fine, handle here. On Saturday morning, it's the last hour.
Speaker 1 (11:10):
On top of the hour, it's it's rich the Murrow
with a text show Neil Savedra is two to five
this afternoon with the Fork Report his food show, and
the phone number here is eight hundred five to zero
one five to three four eight hundred five two zero
one five three four.
Speaker 2 (11:31):
Uh Frank, Hello, Frank, welcome.
Speaker 6 (11:35):
Yeah, Hello.
Speaker 5 (11:36):
Yeah.
Speaker 7 (11:37):
So my question is I was working for a guy
and uh to trainer to go to the dump and
my transmission went capoop, and so I'm wondering if he's
liable to fix that.
Speaker 1 (11:52):
Well, let me ask you, Yeah, did he do anything
wrong that you know of?
Speaker 8 (11:58):
No?
Speaker 1 (11:58):
Okay, and his job no, I understand, I understand. You
let him use you let him use it. His defense
is it was gonna break down anyway. How old is
the vehicle, Frank?
Speaker 2 (12:11):
It's old?
Speaker 7 (12:11):
Is the two thousand and two?
Speaker 2 (12:13):
Okay? So there he is.
Speaker 1 (12:14):
He's borrowing your your truck to go to the vehicle
where he says, I want the truck. And why would
he be responsible unless he crashed into something and cause damage.
So you're gonna you're arguing this. I have a car
that's twenty two years old. He drives it. He's done
nothing wrong, He's just driving down the road and the transmission.
Speaker 2 (12:36):
Goes, Yeah, yeah, he did by the truck as well. Well,
I mean that doesn't matter.
Speaker 1 (12:43):
I mean, other if you argue that he gave you
a truck with a defective transmission, but then that's hard
to prove because how do you know. So now, just
because he's driving, it doesn't mean that there's liability. Now
if he got into if he got into a car
accident or an accident with the truck and you're the
registered owner, yeah, there's liability on your part, and he
(13:08):
is also liable because he's the one that caused the accident.
But a transmission falling in the middle of the road, no,
he is not responsible for that at all.
Speaker 2 (13:19):
Lance. Hello Lance, Hello Bill, Yes, sir, what I do.
Speaker 9 (13:25):
Is, oh, thank you. My question is can a local
municipality override California law when it comes to privileges on
a placarding handicapped permit?
Speaker 2 (13:39):
Nope, absolutely not. State law came.
Speaker 9 (13:42):
Up, Go ahead, it came up a couple of years ago.
Speaker 2 (13:46):
Yeah, but state law supersedes city laws. That's all straight there.
Speaker 9 (13:50):
Yes, and that's exactly that's what I thought. The City
of West Hollywood is posting signs. This came up about
three years ago. That handicap vehicles displaying a handicap handicap
placard must be in a handicap zone. If not, they
must pay posted parking meter rates.
Speaker 1 (14:13):
Okay, if the lass, well, I've got news for you.
I think the law does say if you're not parking
in a handicap zone.
Speaker 2 (14:23):
Maybe I'm wrong on this.
Speaker 1 (14:26):
Then you're talking about city Are you talking about city
parking lots, the.
Speaker 2 (14:29):
Streets, et cetera, the regular park Yeah, okay, you just
fight it, that's all. That's it.
Speaker 1 (14:37):
You just fight it and you go. California law supersedes.
Speaker 2 (14:41):
That's it.
Speaker 1 (14:42):
The city can do whatever the hell it wants. No,
absolutely not. The judges have to give it to California law.
California the state, because the state supersedes the city or
the county. The Feds supersede the states. Right there, that's constitutional. Daniella, Hello, Danielle, welcome, Hi, thank.
Speaker 3 (15:05):
You for gving my call. Sure, a couple questions here.
Speaker 10 (15:10):
I lived in my home for twelve years. The owner
told me they needed the unit to move family and
file the no fault evictions. After that, they started serving
you with these three day notices to perform or quit,
claiming that I have not paid my rent. They removed
my usual payment and refused every attempt made to pay,
including emails calls.
Speaker 2 (15:28):
And did you attempt to pay within the three days?
Speaker 1 (15:34):
Yes, they have to take the rent, and their ability
to kick you out for whatever reason disappears. Especially see
they chose to give you a three day notice to
pay rent or quit, and within that three days you
pay the rent or you attempted to pay the rent.
That stops everything. That just stops everything, because they're morons.
(15:59):
If it's a question of asking you to leave based on,
for example, a family member coming into the piece of property.
And this is rent by the way, for people who
are listening, this is rent control.
Speaker 2 (16:11):
This is rent control.
Speaker 1 (16:14):
Is pretty weird stuff, but anyway, rent control certain rent
control areas. I'm assuming is this the city of Los
Angeles or Santa Monica?
Speaker 2 (16:23):
Which city or you and.
Speaker 3 (16:23):
Danielle the Los Angeles area.
Speaker 1 (16:26):
Okay, so you're in Los Angeles, which is rent controlled,
and the law is real simple where if you own
a piece of property and it's rent controlled, you can't
throw someone out arbitrarily. However, if you have a family
member that's coming in, yes you can force the tenant out. However,
you have to give notice. You have to give sixty
(16:49):
days notice. And I think there's relocation money on top
of that for them simply to say, here's a three
day notice, pay rent or quit when you're current with rent,
and and you're gonna pay within the prescribed period of time.
They're out to lunch, Danielle. And not only are you
gonna win, you're gonna get attorneys fees on this one.
Speaker 10 (17:09):
They now serve me an unlawful detainer.
Speaker 2 (17:12):
And you defend it.
Speaker 1 (17:13):
You say no, you have five days to say, no,
thank you, you're not And here's your defense. You paid
or attempted to pay within the three days, and here's
the proof.
Speaker 3 (17:23):
Okay, So what are they going.
Speaker 1 (17:24):
To I mean, what are they gonna say? What are
they gonna say, you didn't attempt it. Here are the emails,
here the attempt or copies of the checks. What are
they going to say? None of that exists.
Speaker 2 (17:34):
Yeah they're true. Yeah, they're screwed.
Speaker 1 (17:37):
They're screwed, and they're and they're idiots on top of that,
I mean, they are morons beyond morons. Uh So you're fine, no,
no problem. They're not kicking you at any time.
Speaker 8 (17:46):
Soon.
Speaker 2 (17:47):
All right, let's sew.
Speaker 1 (17:49):
We talk about car accidents all the time and getting lawyers.
And how often do I tell people you need a lawyer,
you need a real estate lawyer.
Speaker 2 (17:58):
You can't do this on your own.
Speaker 1 (17:59):
You need a medical map practice sarney, you can't do
this on your own. Sometimes I tell you you can
do this on your own, and you do not need
a lawyer. Well, in the case of personal injury, where
you are injured and it's not your fault, you bet
you need a lawyer.
Speaker 2 (18:13):
And why is that?
Speaker 1 (18:14):
Because you're going against the driver or the owner of
the store, let's say a big box store, and you're
going against their insurance company. And if you've ever gone
against an insurance company, that's not a joke. These adjusters,
these experts are well they are they're experts at not
paying you.
Speaker 2 (18:32):
They're real good at not paying you. You're out of
your league.
Speaker 1 (18:35):
If you do this one on your own, which is
why I'm suggesting you go to handle on the law
dot com vetted attorneys. This is what they do if
there is a problem with the lawyer. I make the
phone call and I start screaming, you pay nothing out
of pocket because it's contingency. That's what happens with virtually
all the personal injury lawyers, certainly the ones I know of,
(18:57):
and so as you see, let's say you've been injured
and you've been in a car to accident, rear ended
or t boned or whatever, or involved in a slip
and fall, you're at a store and it's not your
fault and you get injured, Well, handle on the law
dot com. That's where I'm going to suggest you go.
Handle on the law dot com. This is Handle on
(19:18):
the Law.
Speaker 11 (19:19):
You're listening to Bill Handle on demand from kf I
Am six forty.
Speaker 2 (19:26):
Five AM, six forty Bill. Handle here. It is a
Saturday morning.
Speaker 4 (19:31):
Yeah.
Speaker 1 (19:31):
Now we've gone through these phone calls pretty quickly view
in case you haven't noticed. So lines are certainly open
if you want to call in. Eight hundred five to
zero one five three four. Eight hundred five to zero
one five three four. That is the number to call.
Speaker 2 (19:52):
Welcome back.
Speaker 1 (19:53):
It's Handle on the Law, Marginal Legal ad Vice.
Speaker 2 (19:58):
Bill. He's a name to remember. Hello Bill, Good.
Speaker 8 (20:01):
Morning Bill, great name, by the way. Yeah, absolutely son.
Speaker 4 (20:06):
My son was out for a walk with his new girlfriend.
The old girlfriend showed up, assaulted him broke his tooth.
He immediately went down to the share station following the
saut report, But at the same time, the old girlfriend
shot down to the courthouse and filed it was a trom.
(20:27):
In the meantime, I'm sorry, go ahead, I'm listening, okay.
Speaker 8 (20:32):
And in the meantime, he's been trying to get on
with law enforcement.
Speaker 4 (20:35):
He tried with a local PD here in the South Bay.
They went all the way to the interview with him
to the chief. The chief said, we want to hire you,
but we got this thing hanging over your head.
Speaker 1 (20:47):
Okay, wait, wait, wait, wait, wait, wait, hold on, he's
trying to be a cop, right.
Speaker 8 (20:51):
He's trying to be a cop.
Speaker 1 (20:53):
Yes, okay, And so the police department is saying, because
you have this hanging over you a temporary restraining order,
and is that the only thing that is involved here?
Speaker 4 (21:06):
Just a tro Well, let's we can back up a
little bit. He never got served. We found out about
the tro to a solicitation in the mail, so we
kept watching the case on the website. So finally we
got our lawyer. She kept asking for extensions for three
or four different times.
Speaker 8 (21:25):
We finally went in.
Speaker 2 (21:26):
Okay, you're lawyer. Hold on, your lawyer kept not asking
for extensions.
Speaker 4 (21:32):
No, the girl that filed the restraining order to keep
extending it out, okay, understood, So we so we blindsided
her one day. We showed it at the hearing and
we got the thing dismissed with prejudice.
Speaker 8 (21:46):
She dropped charges. But now this thing is still hanging
over his head and.
Speaker 4 (21:51):
He's so he recently filed for CHP and they kicked
it back saying, sorry, this thing's hanging over your head.
You know, come back, you know, in a couple of years.
So I'm wondering, is there something we can file something
with the court to get this thing sealed?
Speaker 2 (22:08):
No, I don't think so public you know, No, I
don't think so. I don't think so.
Speaker 1 (22:14):
I mean, you're gonna try and see if the judge
is going to handle it. But they're still going to
ask the question just because it's sealed, and they asked
the question along those lines. You can't lie and say
it doesn't exist. There just isn't a public.
Speaker 2 (22:29):
Record of it. Now.
Speaker 1 (22:30):
What I find interesting is once it is dismissed, here
you do you have an altercation with a former girlfriend
in this case who said you did a B, C
and D and got a TRO that you got dismissed.
And there is nothing there other than a dismissal. How
(22:54):
can they say you have this hanging over your over
your head. You're gonna be hanging It's gonna be hanging
over your head forever, your TRO and your TRO was dismissed.
If you go into a police department ten years from now,
you still have a TRO. Right, So I don't understand
where they're going I don't understand where they're going on
this because that should not preclude you from being your
(23:20):
son from being hired, because there's nothing more for you
to do. It was dismissed, nothing, there's nothing more. That's
like saying you're a witness. That's like saying, as someone
saw you at a bank and you are and you're innocent,
you have nothing to do with it. Well, we can't
hire you and still for ten years because you know,
(23:41):
there you are on the record of being a witness,
and then we said you're not a witness.
Speaker 2 (23:45):
See, it doesn't make any sense.
Speaker 4 (23:48):
Yeah, well the other thing is we've disclosed it. When
he has to do his background check, of course, then
they go and they interview her and then she completely
bad mouths him.
Speaker 2 (23:57):
I understand, but it was dismissed.
Speaker 1 (24:00):
Of course she's gonna bad mouth him. And it was
an altercation. It was a girlfriend scorned. I mean, you've
got a couple of whimps for police departments that are saying,
any complaint, obviously, any complaint you have, we're gonna hold
up hiring someone. It doesn't matter if it's valid, It
doesn't matter if it's invalid. In this case, it was invalid.
Speaker 2 (24:22):
It was.
Speaker 1 (24:22):
And then the question becomes, why would they interview someone
that got a tro against you, that was dismissed with prejudice,
and they're gonna go to her. They're gonna basically, well,
your son, according to her, it probably killed children, wiped
out kindergarten classes with act with an axe.
Speaker 4 (24:43):
Now when she says disparaging things, he's racist, he's this,
he's that.
Speaker 1 (24:47):
And yeah, no, I understand. I mean, is it gonna
be sealed? No, But you can also sue her for defamation.
Not that that matters because she has no money. You
can do a cease and desist's. I don't know where
to go with that.
Speaker 2 (25:01):
I don't.
Speaker 1 (25:03):
Because even sealing it, they're still going to add they're
still going to talk to her, right, as a matter
of fact, that you don't want you don't want to want,
you don't want it sealed.
Speaker 2 (25:14):
You want it on the record that it was dismissed.
Speaker 8 (25:18):
Right.
Speaker 5 (25:19):
Yeah.
Speaker 2 (25:20):
So I don't understand that.
Speaker 1 (25:21):
I do not understand the police departments saying nope, we're
not going to hire you because this woman is complaining
about you.
Speaker 2 (25:30):
Yeah, for sure, Marietta. Hello Marietta, Hi.
Speaker 12 (25:36):
Bill, I appreciate you taking my call. I have a
landlord tenant issue. I'm really in a pickle. I received
the partial deposit refund check from my landlord and she withdrew.
I'm taking him to court because he got double paid
for December. Okay, I drew it from my deposit, all right.
So what I'm trying to find out is should I
(25:58):
cash that check in the meantime?
Speaker 7 (26:01):
Uh?
Speaker 1 (26:02):
Yeah, this is a refund of your deposit, correct of
the So yeah, that's a security deposit issue.
Speaker 2 (26:09):
Is very different than the rent issue.
Speaker 1 (26:13):
But you only got a part and you only got
a partial refund on the.
Speaker 2 (26:19):
On the security deposit.
Speaker 3 (26:20):
Correct, correct.
Speaker 12 (26:23):
And I have writ that he would refund me the
whole amount.
Speaker 2 (26:26):
Okay, got it? I would go ahead.
Speaker 1 (26:28):
I would go ahead and cash that part and you
assume him for the rest.
Speaker 12 (26:33):
Oh okay, I'll think some reason I thought I couldn't.
Speaker 2 (26:35):
No, I don't think so.
Speaker 1 (26:38):
Yeah, you can't argue that he's going to say you
accepted that and you let him know. I'm here's what
I do. What I would do is you say, I
am cashing this check and it is not in uh full,
you have any release as to the rest of it,
so there's no issue. He can't argue, Well, you accept
(27:00):
to the check, therefore that means you have released me
from any further liability.
Speaker 2 (27:05):
Absolutely not. You let them know.
Speaker 1 (27:07):
Hey, no, I'm not releasing you. You still owe me
the money, but I'll take what you've given me and
I'll just sue you for the rest. I think you're
gonna I think you're gonna be okay, and you certainly
sue for the double rent. Oh, absolutely on that one.
Not a problem, not an issue either. I think we
can take one more before we bail out of here
(27:30):
and take the next break.
Speaker 2 (27:32):
Gloria, Hi, Gloria, Hi.
Speaker 12 (27:36):
Yes, let me put you up all off the speaker.
Speaker 2 (27:41):
That would be good.
Speaker 1 (27:42):
Yes, you gotta speak a little louder, and you don't
want to go on speaker. You want to go the
other way, Gloria, take you take go off speaker and
use the phone without the speaker.
Speaker 2 (27:55):
Okay, okay, thank you, there you go.
Speaker 3 (27:58):
Could you hear me now?
Speaker 2 (27:59):
I can now?
Speaker 12 (28:01):
Okay, Sorry, I have.
Speaker 3 (28:05):
My granddaughter on my life insurance. It's not that much, but.
Speaker 1 (28:12):
Okay, you know what, Gloria, I don't know who's asking
that question in the background, but I have to talk
to someone who actually is asking the question.
Speaker 3 (28:23):
I'm sorry.
Speaker 2 (28:24):
I have to you.
Speaker 1 (28:24):
Every time I ask you a question, I hear someone
in the background telling you either the what question you're asking?
Speaker 12 (28:31):
Do you have nobody here?
Speaker 8 (28:33):
Nobody?
Speaker 1 (28:34):
Okay, I'm hearing something going on. All right, then I'm
going deaf. I'm going deaf.
Speaker 12 (28:39):
All right, you know what, I'm going to turn off
the radio.
Speaker 1 (28:42):
That would be helpful, Yeah, because you're hearing in delay.
Speaker 2 (28:45):
Yeah, I'm sorry, that's okay, don't worry about it, all right?
All right, so you have a life insurance policy. Hey, fie,
I am six forty will handle here Saturday morning. This
is our last segment.
Speaker 1 (28:59):
However, I will continue taking the phone calls off the
air as rich tomorrow comes in and I will be
doing it pretty quickly because as you can expect, or
I'll tell you that there are no breaks at all.
We zip right through and between, no breaks and no
patients usually on my part.
Speaker 2 (29:20):
What do you have?
Speaker 1 (29:21):
You have a lot of phone calls going through and
the number is eight hundred five to zero one five
three four eight hundred five two zero one five three
four That is the number two.
Speaker 2 (29:33):
Call a miya hi mia.
Speaker 13 (29:39):
Oh hi, I'm so excited. Okay, I got into a
car accident. It was like six years ago. My long
story short here. Then the insurance was going to settle
with me, but the guy that was helping me turned
out to be an insurance adgester. He said, no, don't
take the five thousand, wait and I'll get you fifty thousand. Well,
(29:59):
a couple of later, two detectives show up with my
door and want to know how I know this this
guy did? He claim to be an attorney and I
said no, And long story short again. So then the
next day, all the papers that he had been working
on for me, he just dropped them off in front
of my door. So I didn't follow through with it.
Am I too late? To collect the first five thousand.
(30:21):
It was Mercury insurance.
Speaker 1 (30:23):
Way too late, way way too late. Should have gone
to another lawyer instantly. As soon as the police showed up.
It looks like you had a decent case. And unfortunately,
oh yeah everything Now you're past the statute. Yeah, there's
no place to go. That's always fun when you have
(30:44):
a good case. And I've talked to people who have
great cases for big money. I happened five years ago,
Bill statues, four years I happened four years ago, Bill
statues three years And what do you do, llo, John?
Speaker 2 (31:03):
Welcome, you're up?
Speaker 6 (31:05):
Yeah, hi Bill. I bought a car from a company
in Texas for twenty five thousand dollars. They sent the
car out.
Speaker 2 (31:18):
Everybody was fine.
Speaker 6 (31:19):
I mean I registered, I have been paying the fees
on the new license every year. And then now I
got a call from the Department of Motor Vehicles for
me to take the car into Highway Patrol, the highway
Patrol because they said there was something wrong with the VN. Well,
(31:40):
the Highway Patrol says that the car had been stolen,
and so they're holding onto the car and I don't
know where I'll ever get the car back.
Speaker 2 (31:51):
Oh, you'll get it back.
Speaker 1 (31:53):
You'll get it back unfortunately, or you won't because if
it was stolen, they can't find whoever it is. At
some point you'll get it back, won't. Well, well I disagree.
I think you will, but that's my take on it.
But either way, yeah, it's gonna take a while. Either way,
(32:13):
it's gonna take a while. And I hope I'm right too,
although you probably have better information than I do. So
what can I do?
Speaker 2 (32:26):
Jeffrey, Hi, Jeffrey welcome, Yes.
Speaker 5 (32:30):
I welcome. My question is to you today. Can I
have a trust because I have real estate? Can somebody
sue a trust?
Speaker 3 (32:40):
Well?
Speaker 1 (32:41):
Yeah, because the trust is a revocable trust, is really
you that that's only for disbursement of property. So let's
say I have a trust, Well, it's really my money.
It's not a separate entity. Now, A a non revocable
trust you have nothing to do with you know, Then
(33:04):
you're fine because you no longer own anything but a
revocable trust.
Speaker 2 (33:08):
It's all yours. By the way, why wouldn't you have
insurance that takes care of all of that?
Speaker 5 (33:15):
The insurance only takes let's say the insurance pays out
one hundred thousand or whatever, and it goes over the amount.
Speaker 2 (33:23):
Yeah, that's pretty rare.
Speaker 1 (33:24):
When it goes over the amount, you've got to have
some pretty serious assets. And from one hundred thousand, so
you got one hundred three hundred thousand, one hundred thousand
per per episode or per incident, and then you can
go up to three hundred thousand with multiple plaintiffs. Would I,
if you've got serious assets, what I would do is
(33:47):
yank it up to two fifty five hundred. It isn't
that much more money. That's how you protect yourself. I mean,
the last thing you want to do is deal with
someone suing you. The insurance company pays off, and you're
still there on the hook or uh. The insurance company says,
I want you to waive liability and and the other
(34:08):
driver says, no, thank you.
Speaker 2 (34:10):
Now you've got a problem. Just get well.
Speaker 1 (34:13):
Let me ask you this. How rich are you are?
You just asking hypothetically, Yeah, I.
Speaker 5 (34:20):
Have you know, a duplex that's worth you know, some
money and so on. But so you're saying always because
I've been lowering my library.
Speaker 2 (34:29):
Yeah, and that's you don't want to lower you want
to raise it.
Speaker 1 (34:31):
So in terms of how rich are you If you
put all your assets together the home, which is uh,
you know, and that's kind of out of the way.
But if you put stocks, bonds, money, property, what kind
of money do you have?
Speaker 5 (34:44):
Maybe about two to two and a half million.
Speaker 1 (34:47):
Okay, I would get some more insurance, okay, and on
top of that, I'd get and on top of that
an umbrella policy, which is very cheap. And what umbrella
policies do is you take the top tier of the insurance.
So let's say you have two fifty let's say you
have one hundred three hundred, Well, you buy an insurance
(35:08):
policy that starts at three hundred and goes up to
a million. So now you have a million dollars of insurance,
but the first hundred thousand is covered by your own
insurance company. Obviously, the bigger your own insurance company is paying,
the bigger that policy is, the less the umbrella policy costs.
(35:29):
I'm a big fan of insurance, I really am.
Speaker 2 (35:32):
It's hard not.
Speaker 1 (35:33):
To be over insured, and certainly in my opinion, Okay,
we're done. Before we leave, I want to tell you
about Zelman's minty mouth.
Speaker 2 (35:45):
You know, bad breath is an absolute killer.
Speaker 1 (35:48):
I mean, you know, try to go to someone you
have bad breath and they start reeling and you know
something's wrong, and so what do you do? You take
a mint? Okay, and we're for an hour less or more,
and then what happens, Well, you still have bad breath.
How does that work well? Because the food that gave
you the bad breath, the onions, the garlic, and the
(36:09):
morning breath, particularly the garlic and onions and food go
into your stomach and it burns and it turns the
acids happening and guess what the food is being digested
there too, And where do you think the breath comes out? Well,
usually through your mouth. And this is where Zelmans comes in.
Zelmans is beyond a breath mint. It is both a mint.
(36:32):
It's this capsule, little capsule of partially seed oil. You
pop two or three in your mouth, coated with a
nice strong coating.
Speaker 2 (36:38):
Also has spearmint.
Speaker 1 (36:39):
By the way, they just introduce a spearmint flavor and
then you either bite into them or you swallow them
and they go to work in your gut. And now
you've got a double hit and no mint out there?
Speaker 2 (36:52):
Does that?
Speaker 1 (36:52):
Go to Zelmons dot com. Zelmans dot com. Also, I
am wrapping it up. For those of you that are
on the phone, stay put. I will get to you
off the air. Also, I'll be doing that for about
half an hour forty minutes, give or take. And so
if you want to call in and you happen to
(37:13):
be listening and you want to come in with a question,
you can dial it and I will answer it because,
as I said earlier, there are no interruptions.
Speaker 2 (37:22):
There are no news, no weather, no traffic, no.
Speaker 1 (37:25):
Commercials, just me and you and no patience either. And
the number is eight hundred five two zero one five
three four eight hundred five two zero one five three four.
This is Handle on the Law.
Speaker 11 (37:43):
You're listening to Bill Handle on demand from KFI AM
six forty
You're listening to kf I AM six forty, the Bill
Handles show on demand on the iHeartRadio.
Speaker 2 (00:06):
F tf I AM six forty.
Speaker 1 (00:10):
Bill Handle here Saturday morning, last hour of the Legal
Show for Richard Murrale comes aboard with the Tech Show
eleven to two, and then Neil Savedra, who I work
with every day. He has his own food show, the
FOK Report, and that's from two to five. And the
phone number here always top of the always top of
(00:33):
the hour, and it is eight hundred five to zero
one five three four, eight hundred five to zero one
five three.
Speaker 2 (00:41):
Four, and we do have lines open. Okay.
Speaker 1 (00:44):
With that, Welcome to handle on the law. Marginal legal
advice where I tell you have absolutely no case. And
if you've been listening for the last little while, I'm
talking about in the last couple of hours, I've joyfully
told people they have no case, because that's what makes me.
When you do have a case, eh, it can go
all the way from eh to I'm your own No,
(01:10):
you have nothing. So it depends on how much of
a nothing case you have. Now, let's move on to
a couple of cases that are kind of fine. These
are food oriented First of all, in a historic, a first,
it's never been done, San Francisco became the first government
of any kind to file a lawsuit against food manufacturers
(01:34):
over ultra process snacks and drinks. That lawsuit argues is
wreaking havoc on Americans health, and it names ten of
the most popular food manufacturers known for highly processed foods,
Craft Hinds, Mondolez, read Oreos, Post Holdings, Coca Cola, PepsiCo,
(01:56):
General Mills, Nestley, Kellogg's, Mars Canagara Brands that the lawsuit
says these companies knew that these processed foods were in
fact making people sick, and they did nothing about it
except continue to market and particularly marketing and targeting children.
(02:21):
WHOA Okay, now, this reminds us specifically of big tobacco, when,
if you remember, if you were around long enough before
the settlement came well afterually decades ago, big tobacco would
tell you that nicotine is good for you, that nicotine
(02:42):
actually helps you, if you can imagine this helps relax
you with all the nicotine in it, all the cigarettes
and the nicotine's in the cigarettes. Well, it turned out
and they knew that it caused lung cancer and still
went forward and marketed cigarettes as a healthful alternative to
(03:03):
whatever miserable life you're having. Well, that lawsuit, I think
for seventy billion dollars. Estates got the money and individuals
got money.
Speaker 2 (03:11):
A little complicated. The other one is big pharma.
Speaker 1 (03:15):
And this isn't knowing that there's dangerous, but big pharma,
the major pharmaceutical companies are arguing now that high prices
are good for you. Wait a minute, they're actually arguing
that if the price of drugs goes down, that's bad
(03:36):
for the consumer. You bet that's exactly what they're arguing. Wow,
all right, So that was one story. The other story
is kind of fun. Their Ocean Spray is investigating after
a viral video showing cans of thanks Giving cranberry juice
(03:59):
were filled with water. There was a TikTok video posted
someone is opening a can of Ocean Spray and as
they open, the water comes out the top of the can.
It was filled with water. The video generated one hundred
and two thousand views. What a shocker, and Ocean Spray
is looking into it is investigating it.
Speaker 2 (04:21):
Now.
Speaker 1 (04:22):
I don't know what you say to that. You got
what so you have some cans that have water. Is
there any danger to anybody? Probably not. Is there a
class action suit? Probably not. What if you bought a
can of Ocean Spray within the last five years, you
can get a coupon for fifty percent off the next
(04:44):
can of ocean Spray. I mean that's typically with food issues,
that when you have class action food issues unless people
get really ill.
Speaker 2 (04:54):
This is just a fun one.
Speaker 1 (04:56):
And what's going to see as Ocean Spray investigating this
because I think there were several of these, which makes
it at a little bit more has a little more
valid because two other open cans with water inside. We're
(05:16):
sitting on the counter, and I don't know how much
of that is real.
Speaker 2 (05:21):
That video of.
Speaker 1 (05:22):
The two other open cans has over ten million views.
I mean, go figure, all right, I don't know what's
going to come out of that, obviously not Cranberry's or
Cranberry sauce.
Speaker 2 (05:36):
All right, let's go ahead and take some.
Speaker 1 (05:40):
Phone calls. Let's start with all right, Gail's been with
her for a while. Hello, Gail, welcome.
Speaker 3 (05:50):
Good morning, Yes, ma'am, my husband died up. My husband
died a few months ago. He had a living trust
I am both the come beneficiary as well as the
surviving successor trustee. I've been contacting the attorney who set
up the trust for him to request this certificate of
(06:11):
trust so that I can conduct trust business with financial institutions,
et cetera. I sent the request letter included a notarized
proof of my identity a notarized withdrawal letter from the
previous success or trustee. I sent them in the mail certified.
(06:32):
Of course, I cannot get him to respond. I've called
his office.
Speaker 2 (06:37):
Okay, yeah, all right. Now I have a question.
Speaker 1 (06:40):
All right, Uh, when depends on the financial institution that
wants you to have some kind of a certified trust.
The only, the only certification for a trust that I'm
aware of, it has to be notarized. I said, you,
I have a note, you have a notarized trust, and
which is I?
Speaker 2 (07:00):
You know?
Speaker 1 (07:00):
For example, I have a trustee, I have a trust
and the trustee. I'm a trustee, my ex is a trustee,
and then there's a successor trustee, and then there's another
successor trustee in the event that everybody dies. And all
I did was do original wet signatures on all of
the trusts and notarize every one of those. And I
(07:26):
am kind of surprised that you need a certificate what
the lawyer ascertaining that these are real trusts. I don't
quite understand what the lawyer's supposed to do.
Speaker 2 (07:35):
I'm missing something here.
Speaker 3 (07:37):
Sure, perhaps that's my explanation, and I do apologize. I
don't have the original trust. Dot. Yeah, then my husband died.
I don't know where anything is.
Speaker 1 (07:49):
Okay, understood, understood, all right, now, I get it. Yes,
so you don't have a copy of the trust, and
the lawyer who does have a copy of the trust
is not forwarding to you a copy of the trust.
Speaker 2 (08:01):
Correct.
Speaker 3 (08:02):
No, no, Bill, I have a photo copy, but not
like legal No, I understand.
Speaker 2 (08:07):
No, you have a photocopy of the trust.
Speaker 4 (08:09):
I get that.
Speaker 2 (08:10):
Okay. No, I understand that.
Speaker 1 (08:11):
By the way, a copy of the trust, when there
is no original trust, does have legal validity.
Speaker 2 (08:18):
It can be used.
Speaker 1 (08:19):
Now, financial institutions, some of them go, no, not going
to do it.
Speaker 2 (08:23):
It's their call. It's literally their call.
Speaker 1 (08:26):
For example, if you're gonna do real estate, there's no
chance in hell they're gonna let you sell or buy
a piece of property with a photocopied trust. But if
there is an original, and if a lawyer is holding
on to the original, he has a notarized copy of
the trust. Very few lawyers would not say notarize this puppy.
So he's got it and he won't give it to you.
(08:49):
So you call him up or send a letter and say,
my next step is my next step is filing complaint
with a state bar because you have abandoned a client
the magic word you want to use, abandoned a client,
and the bar does not like that. Now theoretically, when
not even theoretically, you can go to court and uh,
(09:09):
the court will mandate that the attorney turn over the
trust to you, the original documents to you. And is
the judge going to ignore a judge? I mean, is
the attorney go to ignore a judge making an order?
I mean, what attorney's going.
Speaker 5 (09:24):
To do that?
Speaker 2 (09:25):
Screw you, your honor.
Speaker 1 (09:26):
I have no intention of turning over this trust to Gail. Really,
so here's what I would do.
Speaker 2 (09:36):
Try.
Speaker 3 (09:37):
Yeah, So with my husband's death, doesn't a client attorney
relationship end because I was not his client my husband.
Speaker 1 (09:50):
No, it doesn't matter. You are No, you are the trustee.
You are the trustee. He has to the relationship ends.
I mean, he's not your attorney, but he has a
turnover the documents to you.
Speaker 2 (10:02):
That he has to do.
Speaker 1 (10:04):
And if he refuses to, there's an abandonment issue. And
you say I'm going to court, You.
Speaker 2 (10:09):
Go to court. And I guarantee you that if it's
going to.
Speaker 1 (10:13):
Take a court order. Now you're gonna have to pay
upfront to a lawyer to do this. I'm hoping you
have the money, You'll get the money back, you'll get
sanctions on top of that. No judge is not going
to nail a lawyer who wrote a trust who refuses
to give the trustee and the beneficiary a copy of
the trust.
Speaker 2 (10:33):
So try that.
Speaker 1 (10:35):
Yeah, yeah, trust you. Here are the rules, right a trust.
You have to be notarized. Now you have a trust.
Now there are a couple of other rules that to
signatures and dates, et cetera.
Speaker 2 (10:48):
But that's all you really need.
Speaker 1 (10:51):
So this certificate is well, the lawyers they don't create
certificates of some kind. They just produce original documents. This
is handle on the law.
Speaker 2 (11:04):
Yeah, fine, handle here. On Saturday morning, it's the last hour.
Speaker 1 (11:10):
On top of the hour, it's it's rich the Murrow
with a text show Neil Savedra is two to five
this afternoon with the Fork Report his food show, and
the phone number here is eight hundred five to zero
one five to three four eight hundred five two zero
one five three four.
Speaker 2 (11:31):
Uh Frank, Hello, Frank, welcome.
Speaker 6 (11:35):
Yeah, Hello.
Speaker 5 (11:36):
Yeah.
Speaker 7 (11:37):
So my question is I was working for a guy
and uh to trainer to go to the dump and
my transmission went capoop, and so I'm wondering if he's
liable to fix that.
Speaker 1 (11:52):
Well, let me ask you, Yeah, did he do anything
wrong that you know of?
Speaker 8 (11:58):
No?
Speaker 1 (11:58):
Okay, and his job no, I understand, I understand. You
let him use you let him use it. His defense
is it was gonna break down anyway. How old is
the vehicle, Frank?
Speaker 2 (12:11):
It's old?
Speaker 7 (12:11):
Is the two thousand and two?
Speaker 2 (12:13):
Okay? So there he is.
Speaker 1 (12:14):
He's borrowing your your truck to go to the vehicle
where he says, I want the truck. And why would
he be responsible unless he crashed into something and cause damage.
So you're gonna you're arguing this. I have a car
that's twenty two years old. He drives it. He's done
nothing wrong, He's just driving down the road and the transmission.
Speaker 2 (12:36):
Goes, Yeah, yeah, he did by the truck as well. Well,
I mean that doesn't matter.
Speaker 1 (12:43):
I mean, other if you argue that he gave you
a truck with a defective transmission, but then that's hard
to prove because how do you know. So now, just
because he's driving, it doesn't mean that there's liability. Now
if he got into if he got into a car
accident or an accident with the truck and you're the
registered owner, yeah, there's liability on your part, and he
(13:08):
is also liable because he's the one that caused the accident.
But a transmission falling in the middle of the road, no,
he is not responsible for that at all.
Speaker 2 (13:19):
Lance. Hello Lance, Hello Bill, Yes, sir, what I do.
Speaker 9 (13:25):
Is, oh, thank you. My question is can a local
municipality override California law when it comes to privileges on
a placarding handicapped permit?
Speaker 2 (13:39):
Nope, absolutely not. State law came.
Speaker 9 (13:42):
Up, Go ahead, it came up a couple of years ago.
Speaker 2 (13:46):
Yeah, but state law supersedes city laws. That's all straight there.
Speaker 9 (13:50):
Yes, and that's exactly that's what I thought. The City
of West Hollywood is posting signs. This came up about
three years ago. That handicap vehicles displaying a handicap handicap
placard must be in a handicap zone. If not, they
must pay posted parking meter rates.
Speaker 1 (14:13):
Okay, if the lass, well, I've got news for you.
I think the law does say if you're not parking
in a handicap zone.
Speaker 2 (14:23):
Maybe I'm wrong on this.
Speaker 1 (14:26):
Then you're talking about city Are you talking about city
parking lots, the.
Speaker 2 (14:29):
Streets, et cetera, the regular park Yeah, okay, you just
fight it, that's all. That's it.
Speaker 1 (14:37):
You just fight it and you go. California law supersedes.
Speaker 2 (14:41):
That's it.
Speaker 1 (14:42):
The city can do whatever the hell it wants. No,
absolutely not. The judges have to give it to California law.
California the state, because the state supersedes the city or
the county. The Feds supersede the states. Right there, that's constitutional. Daniella, Hello, Danielle, welcome, Hi, thank.
Speaker 3 (15:05):
You for gving my call. Sure, a couple questions here.
Speaker 10 (15:10):
I lived in my home for twelve years. The owner
told me they needed the unit to move family and
file the no fault evictions. After that, they started serving
you with these three day notices to perform or quit,
claiming that I have not paid my rent. They removed
my usual payment and refused every attempt made to pay,
including emails calls.
Speaker 2 (15:28):
And did you attempt to pay within the three days?
Speaker 1 (15:34):
Yes, they have to take the rent, and their ability
to kick you out for whatever reason disappears. Especially see
they chose to give you a three day notice to
pay rent or quit, and within that three days you
pay the rent or you attempted to pay the rent.
That stops everything. That just stops everything, because they're morons.
(15:59):
If it's a question of asking you to leave based on,
for example, a family member coming into the piece of property.
And this is rent by the way, for people who
are listening, this is rent control.
Speaker 2 (16:11):
This is rent control.
Speaker 1 (16:14):
Is pretty weird stuff, but anyway, rent control certain rent
control areas. I'm assuming is this the city of Los
Angeles or Santa Monica?
Speaker 2 (16:23):
Which city or you and.
Speaker 3 (16:23):
Danielle the Los Angeles area.
Speaker 1 (16:26):
Okay, so you're in Los Angeles, which is rent controlled,
and the law is real simple where if you own
a piece of property and it's rent controlled, you can't
throw someone out arbitrarily. However, if you have a family
member that's coming in, yes you can force the tenant out. However,
you have to give notice. You have to give sixty
(16:49):
days notice. And I think there's relocation money on top
of that for them simply to say, here's a three
day notice, pay rent or quit when you're current with rent,
and and you're gonna pay within the prescribed period of time.
They're out to lunch, Danielle. And not only are you
gonna win, you're gonna get attorneys fees on this one.
Speaker 10 (17:09):
They now serve me an unlawful detainer.
Speaker 2 (17:12):
And you defend it.
Speaker 1 (17:13):
You say no, you have five days to say, no,
thank you, you're not And here's your defense. You paid
or attempted to pay within the three days, and here's
the proof.
Speaker 3 (17:23):
Okay, So what are they going.
Speaker 1 (17:24):
To I mean, what are they gonna say? What are
they gonna say, you didn't attempt it. Here are the emails,
here the attempt or copies of the checks. What are
they going to say? None of that exists.
Speaker 2 (17:34):
Yeah they're true. Yeah, they're screwed.
Speaker 1 (17:37):
They're screwed, and they're and they're idiots on top of that,
I mean, they are morons beyond morons. Uh So you're fine, no,
no problem. They're not kicking you at any time.
Speaker 8 (17:46):
Soon.
Speaker 2 (17:47):
All right, let's sew.
Speaker 1 (17:49):
We talk about car accidents all the time and getting lawyers.
And how often do I tell people you need a lawyer,
you need a real estate lawyer.
Speaker 2 (17:58):
You can't do this on your own.
Speaker 1 (17:59):
You need a medical map practice sarney, you can't do
this on your own. Sometimes I tell you you can
do this on your own, and you do not need
a lawyer. Well, in the case of personal injury, where
you are injured and it's not your fault, you bet
you need a lawyer.
Speaker 2 (18:13):
And why is that?
Speaker 1 (18:14):
Because you're going against the driver or the owner of
the store, let's say a big box store, and you're
going against their insurance company. And if you've ever gone
against an insurance company, that's not a joke. These adjusters,
these experts are well they are they're experts at not
paying you.
Speaker 2 (18:32):
They're real good at not paying you. You're out of
your league.
Speaker 1 (18:35):
If you do this one on your own, which is
why I'm suggesting you go to handle on the law
dot com vetted attorneys. This is what they do if
there is a problem with the lawyer. I make the
phone call and I start screaming, you pay nothing out
of pocket because it's contingency. That's what happens with virtually
all the personal injury lawyers, certainly the ones I know of,
(18:57):
and so as you see, let's say you've been injured
and you've been in a car to accident, rear ended
or t boned or whatever, or involved in a slip
and fall, you're at a store and it's not your
fault and you get injured, Well, handle on the law
dot com. That's where I'm going to suggest you go.
Handle on the law dot com. This is Handle on
(19:18):
the Law.
Speaker 11 (19:19):
You're listening to Bill Handle on demand from kf I
Am six forty.
Speaker 2 (19:26):
Five AM, six forty Bill. Handle here. It is a
Saturday morning.
Speaker 4 (19:31):
Yeah.
Speaker 1 (19:31):
Now we've gone through these phone calls pretty quickly view
in case you haven't noticed. So lines are certainly open
if you want to call in. Eight hundred five to
zero one five three four. Eight hundred five to zero
one five three four. That is the number to call.
Speaker 2 (19:52):
Welcome back.
Speaker 1 (19:53):
It's Handle on the Law, Marginal Legal ad Vice.
Speaker 2 (19:58):
Bill. He's a name to remember. Hello Bill, Good.
Speaker 8 (20:01):
Morning Bill, great name, by the way. Yeah, absolutely son.
Speaker 4 (20:06):
My son was out for a walk with his new girlfriend.
The old girlfriend showed up, assaulted him broke his tooth.
He immediately went down to the share station following the
saut report, But at the same time, the old girlfriend
shot down to the courthouse and filed it was a trom.
(20:27):
In the meantime, I'm sorry, go ahead, I'm listening, okay.
Speaker 8 (20:32):
And in the meantime, he's been trying to get on
with law enforcement.
Speaker 4 (20:35):
He tried with a local PD here in the South Bay.
They went all the way to the interview with him
to the chief. The chief said, we want to hire you,
but we got this thing hanging over your head.
Speaker 1 (20:47):
Okay, wait, wait, wait, wait, wait, wait, hold on, he's
trying to be a cop, right.
Speaker 8 (20:51):
He's trying to be a cop.
Speaker 1 (20:53):
Yes, okay, And so the police department is saying, because
you have this hanging over you a temporary restraining order,
and is that the only thing that is involved here?
Speaker 4 (21:06):
Just a tro Well, let's we can back up a
little bit. He never got served. We found out about
the tro to a solicitation in the mail, so we
kept watching the case on the website. So finally we
got our lawyer. She kept asking for extensions for three
or four different times.
Speaker 8 (21:25):
We finally went in.
Speaker 2 (21:26):
Okay, you're lawyer. Hold on, your lawyer kept not asking
for extensions.
Speaker 4 (21:32):
No, the girl that filed the restraining order to keep
extending it out, okay, understood, So we so we blindsided
her one day. We showed it at the hearing and
we got the thing dismissed with prejudice.
Speaker 8 (21:46):
She dropped charges. But now this thing is still hanging
over his head and.
Speaker 4 (21:51):
He's so he recently filed for CHP and they kicked
it back saying, sorry, this thing's hanging over your head.
You know, come back, you know, in a couple of years.
So I'm wondering, is there something we can file something
with the court to get this thing sealed?
Speaker 2 (22:08):
No, I don't think so public you know, No, I
don't think so. I don't think so.
Speaker 1 (22:14):
I mean, you're gonna try and see if the judge
is going to handle it. But they're still going to
ask the question just because it's sealed, and they asked
the question along those lines. You can't lie and say
it doesn't exist. There just isn't a public.
Speaker 2 (22:29):
Record of it. Now.
Speaker 1 (22:30):
What I find interesting is once it is dismissed, here
you do you have an altercation with a former girlfriend
in this case who said you did a B, C
and D and got a TRO that you got dismissed.
And there is nothing there other than a dismissal. How
(22:54):
can they say you have this hanging over your over
your head. You're gonna be hanging It's gonna be hanging
over your head forever, your TRO and your TRO was dismissed.
If you go into a police department ten years from now,
you still have a TRO. Right, So I don't understand
where they're going I don't understand where they're going on
this because that should not preclude you from being your
(23:20):
son from being hired, because there's nothing more for you
to do. It was dismissed, nothing, there's nothing more. That's
like saying you're a witness. That's like saying, as someone
saw you at a bank and you are and you're innocent,
you have nothing to do with it. Well, we can't
hire you and still for ten years because you know,
(23:41):
there you are on the record of being a witness,
and then we said you're not a witness.
Speaker 2 (23:45):
See, it doesn't make any sense.
Speaker 4 (23:48):
Yeah, well the other thing is we've disclosed it. When
he has to do his background check, of course, then
they go and they interview her and then she completely
bad mouths him.
Speaker 2 (23:57):
I understand, but it was dismissed.
Speaker 1 (24:00):
Of course she's gonna bad mouth him. And it was
an altercation. It was a girlfriend scorned. I mean, you've
got a couple of whimps for police departments that are saying,
any complaint, obviously, any complaint you have, we're gonna hold
up hiring someone. It doesn't matter if it's valid, It
doesn't matter if it's invalid. In this case, it was invalid.
Speaker 2 (24:22):
It was.
Speaker 1 (24:22):
And then the question becomes, why would they interview someone
that got a tro against you, that was dismissed with prejudice,
and they're gonna go to her. They're gonna basically, well,
your son, according to her, it probably killed children, wiped
out kindergarten classes with act with an axe.
Speaker 4 (24:43):
Now when she says disparaging things, he's racist, he's this,
he's that.
Speaker 1 (24:47):
And yeah, no, I understand. I mean, is it gonna
be sealed? No, But you can also sue her for defamation.
Not that that matters because she has no money. You
can do a cease and desist's. I don't know where
to go with that.
Speaker 2 (25:01):
I don't.
Speaker 1 (25:03):
Because even sealing it, they're still going to add they're
still going to talk to her, right, as a matter
of fact, that you don't want you don't want to want,
you don't want it sealed.
Speaker 2 (25:14):
You want it on the record that it was dismissed.
Speaker 8 (25:18):
Right.
Speaker 5 (25:19):
Yeah.
Speaker 2 (25:20):
So I don't understand that.
Speaker 1 (25:21):
I do not understand the police departments saying nope, we're
not going to hire you because this woman is complaining
about you.
Speaker 2 (25:30):
Yeah, for sure, Marietta. Hello Marietta, Hi.
Speaker 12 (25:36):
Bill, I appreciate you taking my call. I have a
landlord tenant issue. I'm really in a pickle. I received
the partial deposit refund check from my landlord and she withdrew.
I'm taking him to court because he got double paid
for December. Okay, I drew it from my deposit, all right.
So what I'm trying to find out is should I
(25:58):
cash that check in the meantime?
Speaker 7 (26:01):
Uh?
Speaker 1 (26:02):
Yeah, this is a refund of your deposit, correct of
the So yeah, that's a security deposit issue.
Speaker 2 (26:09):
Is very different than the rent issue.
Speaker 1 (26:13):
But you only got a part and you only got
a partial refund on the.
Speaker 2 (26:19):
On the security deposit.
Speaker 3 (26:20):
Correct, correct.
Speaker 12 (26:23):
And I have writ that he would refund me the
whole amount.
Speaker 2 (26:26):
Okay, got it? I would go ahead.
Speaker 1 (26:28):
I would go ahead and cash that part and you
assume him for the rest.
Speaker 12 (26:33):
Oh okay, I'll think some reason I thought I couldn't.
Speaker 2 (26:35):
No, I don't think so.
Speaker 1 (26:38):
Yeah, you can't argue that he's going to say you
accepted that and you let him know. I'm here's what
I do. What I would do is you say, I
am cashing this check and it is not in uh full,
you have any release as to the rest of it,
so there's no issue. He can't argue, Well, you accept
(27:00):
to the check, therefore that means you have released me
from any further liability.
Speaker 2 (27:05):
Absolutely not. You let them know.
Speaker 1 (27:07):
Hey, no, I'm not releasing you. You still owe me
the money, but I'll take what you've given me and
I'll just sue you for the rest. I think you're
gonna I think you're gonna be okay, and you certainly
sue for the double rent. Oh, absolutely on that one.
Not a problem, not an issue either. I think we
can take one more before we bail out of here
(27:30):
and take the next break.
Speaker 2 (27:32):
Gloria, Hi, Gloria, Hi.
Speaker 12 (27:36):
Yes, let me put you up all off the speaker.
Speaker 2 (27:41):
That would be good.
Speaker 1 (27:42):
Yes, you gotta speak a little louder, and you don't
want to go on speaker. You want to go the
other way, Gloria, take you take go off speaker and
use the phone without the speaker.
Speaker 2 (27:55):
Okay, okay, thank you, there you go.
Speaker 3 (27:58):
Could you hear me now?
Speaker 2 (27:59):
I can now?
Speaker 12 (28:01):
Okay, Sorry, I have.
Speaker 3 (28:05):
My granddaughter on my life insurance. It's not that much, but.
Speaker 1 (28:12):
Okay, you know what, Gloria, I don't know who's asking
that question in the background, but I have to talk
to someone who actually is asking the question.
Speaker 3 (28:23):
I'm sorry.
Speaker 2 (28:24):
I have to you.
Speaker 1 (28:24):
Every time I ask you a question, I hear someone
in the background telling you either the what question you're asking?
Speaker 12 (28:31):
Do you have nobody here?
Speaker 8 (28:33):
Nobody?
Speaker 1 (28:34):
Okay, I'm hearing something going on. All right, then I'm
going deaf. I'm going deaf.
Speaker 12 (28:39):
All right, you know what, I'm going to turn off
the radio.
Speaker 1 (28:42):
That would be helpful, Yeah, because you're hearing in delay.
Speaker 2 (28:45):
Yeah, I'm sorry, that's okay, don't worry about it, all right?
All right, so you have a life insurance policy. Hey, fie,
I am six forty will handle here Saturday morning. This
is our last segment.
Speaker 1 (28:59):
However, I will continue taking the phone calls off the
air as rich tomorrow comes in and I will be
doing it pretty quickly because as you can expect, or
I'll tell you that there are no breaks at all.
We zip right through and between, no breaks and no
patients usually on my part.
Speaker 2 (29:20):
What do you have?
Speaker 1 (29:21):
You have a lot of phone calls going through and
the number is eight hundred five to zero one five
three four eight hundred five two zero one five three
four That is the number two.
Speaker 2 (29:33):
Call a miya hi mia.
Speaker 13 (29:39):
Oh hi, I'm so excited. Okay, I got into a
car accident. It was like six years ago. My long
story short here. Then the insurance was going to settle
with me, but the guy that was helping me turned
out to be an insurance adgester. He said, no, don't
take the five thousand, wait and I'll get you fifty thousand. Well,
(29:59):
a couple of later, two detectives show up with my
door and want to know how I know this this
guy did? He claim to be an attorney and I
said no, And long story short again. So then the
next day, all the papers that he had been working
on for me, he just dropped them off in front
of my door. So I didn't follow through with it.
Am I too late? To collect the first five thousand.
(30:21):
It was Mercury insurance.
Speaker 1 (30:23):
Way too late, way way too late. Should have gone
to another lawyer instantly. As soon as the police showed up.
It looks like you had a decent case. And unfortunately,
oh yeah everything Now you're past the statute. Yeah, there's
no place to go. That's always fun when you have
(30:44):
a good case. And I've talked to people who have
great cases for big money. I happened five years ago,
Bill statues, four years I happened four years ago, Bill
statues three years And what do you do, llo, John?
Speaker 2 (31:03):
Welcome, you're up?
Speaker 6 (31:05):
Yeah, hi Bill. I bought a car from a company
in Texas for twenty five thousand dollars. They sent the
car out.
Speaker 2 (31:18):
Everybody was fine.
Speaker 6 (31:19):
I mean I registered, I have been paying the fees
on the new license every year. And then now I
got a call from the Department of Motor Vehicles for
me to take the car into Highway Patrol, the highway
Patrol because they said there was something wrong with the VN. Well,
(31:40):
the Highway Patrol says that the car had been stolen,
and so they're holding onto the car and I don't
know where I'll ever get the car back.
Speaker 2 (31:51):
Oh, you'll get it back.
Speaker 1 (31:53):
You'll get it back unfortunately, or you won't because if
it was stolen, they can't find whoever it is. At
some point you'll get it back, won't. Well, well I disagree.
I think you will, but that's my take on it.
But either way, yeah, it's gonna take a while. Either way,
(32:13):
it's gonna take a while. And I hope I'm right too,
although you probably have better information than I do. So
what can I do?
Speaker 2 (32:26):
Jeffrey, Hi, Jeffrey welcome, Yes.
Speaker 5 (32:30):
I welcome. My question is to you today. Can I
have a trust because I have real estate? Can somebody
sue a trust?
Speaker 3 (32:40):
Well?
Speaker 1 (32:41):
Yeah, because the trust is a revocable trust, is really
you that that's only for disbursement of property. So let's
say I have a trust, Well, it's really my money.
It's not a separate entity. Now, A a non revocable
trust you have nothing to do with you know, Then
(33:04):
you're fine because you no longer own anything but a
revocable trust.
Speaker 2 (33:08):
It's all yours. By the way, why wouldn't you have
insurance that takes care of all of that?
Speaker 5 (33:15):
The insurance only takes let's say the insurance pays out
one hundred thousand or whatever, and it goes over the amount.
Speaker 2 (33:23):
Yeah, that's pretty rare.
Speaker 1 (33:24):
When it goes over the amount, you've got to have
some pretty serious assets. And from one hundred thousand, so
you got one hundred three hundred thousand, one hundred thousand
per per episode or per incident, and then you can
go up to three hundred thousand with multiple plaintiffs. Would I,
if you've got serious assets, what I would do is
(33:47):
yank it up to two fifty five hundred. It isn't
that much more money. That's how you protect yourself. I mean,
the last thing you want to do is deal with
someone suing you. The insurance company pays off, and you're
still there on the hook or uh. The insurance company says,
I want you to waive liability and and the other
(34:08):
driver says, no, thank you.
Speaker 2 (34:10):
Now you've got a problem. Just get well.
Speaker 1 (34:13):
Let me ask you this. How rich are you are?
You just asking hypothetically, Yeah, I.
Speaker 5 (34:20):
Have you know, a duplex that's worth you know, some
money and so on. But so you're saying always because
I've been lowering my library.
Speaker 2 (34:29):
Yeah, and that's you don't want to lower you want
to raise it.
Speaker 1 (34:31):
So in terms of how rich are you If you
put all your assets together the home, which is uh,
you know, and that's kind of out of the way.
But if you put stocks, bonds, money, property, what kind
of money do you have?
Speaker 5 (34:44):
Maybe about two to two and a half million.
Speaker 1 (34:47):
Okay, I would get some more insurance, okay, and on
top of that, I'd get and on top of that
an umbrella policy, which is very cheap. And what umbrella
policies do is you take the top tier of the insurance.
So let's say you have two fifty let's say you
have one hundred three hundred, Well, you buy an insurance
(35:08):
policy that starts at three hundred and goes up to
a million. So now you have a million dollars of insurance,
but the first hundred thousand is covered by your own
insurance company. Obviously, the bigger your own insurance company is paying,
the bigger that policy is, the less the umbrella policy costs.
(35:29):
I'm a big fan of insurance, I really am.
Speaker 2 (35:32):
It's hard not.
Speaker 1 (35:33):
To be over insured, and certainly in my opinion, Okay,
we're done. Before we leave, I want to tell you
about Zelman's minty mouth.
Speaker 2 (35:45):
You know, bad breath is an absolute killer.
Speaker 1 (35:48):
I mean, you know, try to go to someone you
have bad breath and they start reeling and you know
something's wrong, and so what do you do? You take
a mint? Okay, and we're for an hour less or more,
and then what happens, Well, you still have bad breath.
How does that work well? Because the food that gave
you the bad breath, the onions, the garlic, and the
(36:09):
morning breath, particularly the garlic and onions and food go
into your stomach and it burns and it turns the
acids happening and guess what the food is being digested
there too, And where do you think the breath comes out? Well,
usually through your mouth. And this is where Zelmans comes in.
Zelmans is beyond a breath mint. It is both a mint.
(36:32):
It's this capsule, little capsule of partially seed oil. You
pop two or three in your mouth, coated with a
nice strong coating.
Speaker 2 (36:38):
Also has spearmint.
Speaker 1 (36:39):
By the way, they just introduce a spearmint flavor and
then you either bite into them or you swallow them
and they go to work in your gut. And now
you've got a double hit and no mint out there?
Speaker 2 (36:52):
Does that?
Speaker 1 (36:52):
Go to Zelmons dot com. Zelmans dot com. Also, I
am wrapping it up. For those of you that are
on the phone, stay put. I will get to you
off the air. Also, I'll be doing that for about
half an hour forty minutes, give or take. And so
if you want to call in and you happen to
(37:13):
be listening and you want to come in with a question,
you can dial it and I will answer it because,
as I said earlier, there are no interruptions.
Speaker 2 (37:22):
There are no news, no weather, no traffic, no.
Speaker 1 (37:25):
Commercials, just me and you and no patience either. And
the number is eight hundred five two zero one five
three four eight hundred five two zero one five three four.
This is Handle on the Law.
Speaker 11 (37:43):
You're listening to Bill Handle on demand from KFI AM
six forty
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