Episode Transcript
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Speaker 1 (00:01):
You're listening to Bill Handle on demand from KFI AM
six forty.
Speaker 2 (00:08):
This has handled on the law marginal legal advice, where
I tell you you have absolutely no case. The city
of Santa Monica, which is a city here in southern California,
which everybody knows about. It was and still probably is
the most liberal city in the United States. It's crazy
(00:29):
making the way the politics work. Well, they're about to
file for bankruptcy, and usually you don't see cities file
for bankruptcy. I mean it has happened. Stockton, California filed
for bankruptcy. Orange County here in southern California filed for bankruptcy.
Speaker 3 (00:48):
Utilities.
Speaker 2 (00:49):
There was a utility up in the state of Washington
that had to go bankrupt.
Speaker 3 (00:53):
So it does happen.
Speaker 2 (00:54):
So this has to do with a case relating to
a sexual abuser who worked for the city. The city
has already paid out more than two hundred and twenty
nine million dollars in settlements relating to sexual abuse by
this former Santa Monica police dispatcher, and the city is
also facing additional abuse claims from over one hundred and
(01:18):
eighty other people. Now this guy work with boys and
girls at a nonprofit after school department. And here is
why the city is writing checks like crazy because, according
to the story in the La Times, several former Santa
Monica City employees told the police they reported this guy's
(01:39):
misconduct and he still kept working there. And so the
problem is that they're just well, they're gonna go bankrupt.
Speaker 3 (01:51):
It's that simple. And it's gonna.
Speaker 2 (01:53):
That's gonna happen more and more because there's less and
less money available out there for anything. All right, let's
go ahead and take some phone calls. Hello, Henry, Henry,
welcome to handle on the law.
Speaker 4 (02:07):
Hello. Yes, so I have an issue here and I
would like some solution to that. I originally contracted with
a solar company to put the solo in my house.
I have a gurney flat. That's where I wanted the solo,
(02:28):
not on the main house. They put it on the
main house. Any case, I had an attorney helped me
to cancel the contract. The contract was canceled. In the conclusion,
they claimed that they were going to fix my roof,
(02:51):
remove the solar, fix my roof. And it's been over
a year since this. Three months ago, they removed the
solar partially removed the solar, the Toto panels. My roof
is still beer and leaking. I cannot get them to
(03:14):
to proceed with fixing my roof.
Speaker 3 (03:16):
Yeah they will. All you have to do is sue them.
Believe me, they'll lose that lawsuit. That's easy. What's the
what's the cost affixing your roof?
Speaker 4 (03:25):
Here's the thing they hardly sign. Well, it's called an
arbitration that I couldn't suit him for more than twenty
six thousand dollars.
Speaker 2 (03:33):
Yeah, I don't think it works that way unless they
call liquidata damages.
Speaker 3 (03:38):
I don't think so. You can talk to that lawyer again.
Speaker 2 (03:41):
But if the damages are greater than twenty six thousand dollars,
you know you can't say we can damage your home
one hundred thousand dollars and we're only liable for twenty
six thousand. I yeah, I have a real issue with that.
I don't think the law allows that. Now, the arbitration,
the law absolutely allows. I mean, you're going to be
in arbitration. Uh, And you've got to go in and
(04:03):
find out. When you go into arbitration, you've got to
show them the bid. Got to show the arbitrator how
much it's going to cost you to go back to
where you were before the solar company started doing the work.
You want to be exactly where you were before? And
how much is that going to cost you? And that
is your claim against them, That is the claim you're
(04:25):
making in arbitration.
Speaker 3 (04:27):
And how much you think it's going to cost?
Speaker 4 (04:32):
Well, I haven't, I haven't made an estimate of that.
Speaker 3 (04:37):
You think it's going to cost over twenty six thousand dollars?
Speaker 4 (04:40):
Definitely?
Speaker 3 (04:41):
Okay, Wow, okay, there's a lot.
Speaker 4 (04:43):
Of damage to that roof, all right? The house?
Speaker 3 (04:46):
Oh, it's a whole roof to the house.
Speaker 2 (04:47):
Well, yeah, I mean twenty six thousand dollars buys you
a big a lot of roof. How big is your house?
Your footprint or the size of the roof?
Speaker 4 (04:57):
It's the four bedroom house twenty two thousand square feet?
Speaker 2 (05:03):
No, no, no, it's not twenty two thousands, twenty two hundred.
Speaker 4 (05:06):
Square fet twenty two hundred sorry.
Speaker 2 (05:07):
Yeah, and the roof, so assuming it's a two story
house or one story house? Correct, two story house? Yes, okay,
so you're talking half of that, let's say roof, So
you're talking about eleven hundred, twelve hundred square feet. You know,
two hundred dollars a foot for a roof seems an
awful lot of money, since it costs probably four hundred
(05:28):
dollars to build the house. Four hundred dollars a foot,
so you're basically saying the roof is half the price
of building that house.
Speaker 3 (05:36):
I don't know, you know, my guess is.
Speaker 2 (05:38):
It would be under twenty six thousand dollars. Go out
and get some bids, and if it's under twenty six
thousand dollars, you don't even worry about it. You know,
you don't even have to worry about what you signed.
They're going to be liable. But the first step is
finding out how much it's going to cost to bring
you back, and then you make a claim for arbitration
and probably go ahead.
Speaker 4 (06:01):
There is something else that has to be added to that.
In addition to the house. The main house was being
rented as a vacation rental, and I haven't been able
to do that since they started this.
Speaker 2 (06:13):
Okay, well then that's part of your damages. Okay, that's
part of your damages. You look at you go back
in history and you see how much rent you you
were able to get, and you then just say to
the judge, the court or the arbitrator, hey, I lost
this much rent.
Speaker 3 (06:32):
And the and the soul war comings going to go.
Speaker 2 (06:34):
You can't prove how much you you would rent it for.
You can't prove anybody would even rent it. It's too speculative.
And you come back saying it's not because here is
the history of my rent through this time. And I
think you'll be okay on that. Again, I still think, well,
what do you rent it for?
Speaker 4 (06:52):
The house would be rented for at least six dollars
a month.
Speaker 2 (06:58):
WHOA, Okay, yeah, you're over twenty six thousand dollars. Certainly
your damages. Okay, that's fair.
Speaker 3 (07:03):
Yep.
Speaker 2 (07:03):
You're gonna have to ask the arbitrator to rule that
that part of the contract is invalid, the twenty six
thousand dollars, and if it's binding arbitration, and the arbitrator says, nope,
I'm going to enforce that part of the contract, then
you're screwed. You get your twenty six thousand dollars plus
attorney's fees, assuming you have an attorney's fees cost, which
(07:26):
you probably do.
Speaker 3 (07:28):
Yeah, you probably do.
Speaker 2 (07:29):
But anyway, I can't imagine saying, yeah, you're limited to
twenty six thousand dollars. And what happens if the house,
let's say they tear the house down, the whole place
falls apart.
Speaker 3 (07:43):
No, I don't think so, maybe I was I was wrong.
Speaker 2 (07:49):
This is handle on the law. Welcome back to handle
on the law. Marginal legal advice, Ingrid, Hello, Ingrad, welcome
to handle on the law.
Speaker 5 (08:00):
Hello.
Speaker 6 (08:01):
I was divorced in two thousand and six, and in
that degree I had a we had a piece of
property in Mexico. I quit claim the deed over to
my husband. There is a copy of that. He has
a copy of that. He is now trying to build
something on that property. And the country of Mexico does
(08:22):
not recognize that.
Speaker 3 (08:26):
Does not recognize that claim deed.
Speaker 6 (08:28):
Right, that's correct.
Speaker 3 (08:31):
Okay.
Speaker 6 (08:32):
He wants me to give him my power of attorney
so he can sign my name in Mexico to give
him that property. I do not want to give him
my power of attorney. Can he force me to do that?
Speaker 3 (08:46):
No, of course not.
Speaker 2 (08:47):
But I'm a little confused as to They don't accept
a quit claim deed a US quit claim deed, but
they allow a power of attorney where that is very strange.
Speaker 3 (09:05):
So the answer is coy. Of course he can't it
can't force the issue.
Speaker 7 (09:11):
Uh.
Speaker 6 (09:12):
Well, I got a letter yesterday. I got a letter
yesterday from an attorney that he has hired, uh with
a piece with a document in Spanish on the back
saying that I have to sign it and I'm not
going to sign it.
Speaker 2 (09:26):
Well, no, First of all, you have to have a
translated you have to know what you're signing. And he
so at this point, uh, you refresh my memory.
Speaker 3 (09:35):
He ownly on the deed right now? He is on
the deed, correct, he is?
Speaker 2 (09:40):
He is, okay the deed and for some reason they
want you to sign. I don't think they can force
you to sign.
Speaker 3 (09:46):
No.
Speaker 2 (09:47):
All they can do is, yeah, there's no way, So
just say no, thank you.
Speaker 3 (09:53):
I mean, what are they going to do? Call the uh,
the the deed police.
Speaker 7 (09:59):
What I th too?
Speaker 3 (10:00):
Yeah, no, no, you're fine.
Speaker 6 (10:01):
And I don't have the problem with him having the
pay the property. But I don't want to give him
my power of attorney.
Speaker 2 (10:08):
Well, let me ask you. Can you limit it just
for the purpose of the property.
Speaker 6 (10:13):
Yes, but I do not want. I don't want. I
will give it to my son. I will give it
to my daughter so they can sign it for me.
But I do not want my ex husband to have
my power of attorney for anything.
Speaker 2 (10:26):
All right, uh and uh, but you you quit claim
the property to him, correct?
Speaker 3 (10:33):
Ye? Now okay, Now, now they can't make you do anything.
Speaker 2 (10:36):
But he could probably go to court and get a
court order that either forces you to do it.
Speaker 3 (10:42):
That he can do because it's a.
Speaker 6 (10:45):
Question for me to give him my.
Speaker 2 (10:48):
He can well for the purposes of transferring that property
to him, because you transferred that property to him, and
he wants to do something with his property and it
is not allowed to do it based on the fact
that Mexico doesn't recognize Mexico doesn't recognize uh, the quick
(11:11):
claim deed that you uh in fact handed the property
over to him that you intended to that now he owns.
Can he go to court here in the United States?
You asked if the Mexican authorities can force it.
Speaker 3 (11:23):
Of course not.
Speaker 8 (11:24):
No, I'm asking you.
Speaker 6 (11:25):
I'm asking you. Can he take me to court here
and force me to give.
Speaker 3 (11:29):
Him he can take it. He can take you to
court and there'll be a court order.
Speaker 6 (11:33):
Yeah, yeah, okay, Because I got a letter from the
attorney saying.
Speaker 3 (11:37):
Oh, you have to translate it? Yeah, forget it. You
don't sign anything until you are represented. And certainly, how
do I know that that?
Speaker 6 (11:45):
Cannot do I have to sign that? Can I sign
a translated copy instead of the one that's in Spanish?
Speaker 3 (11:51):
Yeah, of course they're going to let you do that.
Or if you're.
Speaker 2 (11:54):
Attached, Okay, let me ask you, why didn't you give
him power of attorney for the purposes of him keeping
the property. You're doing something with the property that you
gave him so many years ago.
Speaker 6 (12:10):
He's gonna ask all right.
Speaker 2 (12:12):
So basically what you're saying, okay, And what you're saying.
Speaker 6 (12:15):
Is I don't want him to sign my name.
Speaker 2 (12:19):
You know, you want to sign your name. He wants
to No, I understand. But basically what you're saying is,
I'm never going to let you do anything with that property,
even if you want it, Even though I don't get
that property.
Speaker 6 (12:32):
You don't I would go down to Mexico and sign
the piece of paper. I don't have a problem with that.
Speaker 3 (12:38):
Okay, then tell him.
Speaker 8 (12:39):
That as to do.
Speaker 3 (12:41):
Okay, we'll suggest that.
Speaker 2 (12:43):
Okay, God, we're gonna go back and forth on this, Okay,
I'm done.
Speaker 6 (12:48):
Wow.
Speaker 2 (12:48):
You know you're not calling me to ask You're calling
me to scream about your husband.
Speaker 3 (12:53):
Doug. Hi, Doug, welcome?
Speaker 5 (12:57):
Ah right, Bill.
Speaker 3 (12:58):
Yeah.
Speaker 5 (13:01):
I went to France and the travel agent that set
up the flights for us. I was supposed to make
sure to get wheelchair access because my wife and I
are not to spry anymore. And anyway, LaGuardia is quite
a large airport and one of the things that the
travel agent did is she booked Air to heat Nui
(13:26):
and Air France flights. So in transmitting us in wheelchairs
to the different areas of the thing, it only goes
so far. With Air France. They will not take you
to Air Tahiti Nui. And what happens is there Tahiti
(13:47):
Nui won't come and get you. So what they do
is they drop you off at the airport transition people.
So you're in a third party, so to speak, and
you got to wait for them to get you to
the next area. Well, by the time you get bagage
and all this stuff to the next area, that flight's gone.
(14:10):
So that happened to us when we flew in there.
We were supposed to take another flight out.
Speaker 3 (14:15):
Okay, one then okay, were you able to get another flight?
Speaker 5 (14:20):
Yeah, we got another flight, but it cost us eight
hundred dollars because they said you have to forfeit your
your price of the flight. Okay, And the same thing
happened to us on the way back, so we ended
up spending additional I don't know, forty five hundred bucks
on flights. I just wanted to know it.
Speaker 2 (14:37):
How did if it's if it's eight hundred dollars and
you forfeited, oh, it's sixteen hundred dollars each? Was thirty
two hundred dollars, all right, if you talk about sixteen
hundred dollars each, So all right, forty I don't know
where you get forty five hundred dollars, but let's.
Speaker 3 (14:53):
Say it sell.
Speaker 5 (14:56):
Bill. We also missed on the way back, and it
cost us another you know, transcontin mill flight, so that
was another three thousand dollars.
Speaker 3 (15:04):
Still, okay, sorry.
Speaker 5 (15:06):
We're you know, weren't easy at five grand at least?
Speaker 3 (15:11):
All right, So you.
Speaker 5 (15:12):
Want to know she's a Triple A agent. Okay, she
works for Triple A. Do I sue her? Do I
sue Triple A?
Speaker 3 (15:23):
You sue Triple A? Yeah? I mean you can sue her,
But there's.
Speaker 2 (15:30):
The people response will be Triple A, and then the
argument's going to be is she should.
Speaker 3 (15:35):
Have known.
Speaker 6 (15:37):
Because she went to business for.
Speaker 2 (15:40):
Yeah, exactly, So you went to them, You went to
Triple A, and you went to this agent or they
assigned you this agent, and you're relying on them for
their expertise, and they knew you were in a wheelchair,
and clearly there was no way to do the transfer
successfully and they should have known, they should have known.
Speaker 3 (16:03):
Yeah, did you make a claim?
Speaker 5 (16:06):
We I had her get try with the airlines, both
Air France and Eric Tahiti Neui, they both gave the
finger to the opposite way.
Speaker 2 (16:16):
Yea. Let me ask you what, why why should they pay?
Speaker 3 (16:22):
Well, this is what they what they do, this is
what they do. Yeah, uh and uh, you know they
make no secret about of it.
Speaker 2 (16:30):
Go here, here is our schedule, here's when we fly,
here's where we are, and uh.
Speaker 3 (16:36):
That's it. You know, we're from this terminal, we're in
this terminal, and.
Speaker 2 (16:40):
So they're not at fault in any way, but certainly
the agency is the agent would be Yeah, I'd make
make a formal claim and ask them. You know, it's
a big organization. Just ask for a claim for him.
They're going to turn you down. And uh then you'll
see in the contract with your triple A membership there's
(17:02):
probably an arbitration clause in there, so you have to
go to arbitration. Yeah, but I would That's what I
would do. I'd get I would get angry for sure.
You know they should they should know. This is Handle
on the Law.
Speaker 3 (17:16):
You're listening to Bill Handle on demand from KFI AM
six forty. All right, let's do it.
Speaker 2 (17:24):
Welcome back more Handle on the Law, Marginal Legal Advice.
Speaker 3 (17:30):
Armand Hello Armond.
Speaker 9 (17:34):
Hey belle, Yeah, pleasure. I've been listening to you since
you're only on Saturdays.
Speaker 2 (17:41):
Yeah, it's great. It was too many years ago. All right,
we've both gotten all together and you look like crap. Armind,
all right, what can I.
Speaker 3 (17:47):
Do for you?
Speaker 9 (17:49):
Hey, listen, I've been with this. I've been the caretaker
for this girl lady. But now she's my wife, and
she's a shareholder in this retirement community and her sister
had her sign some signed the property over to them.
(18:10):
Then she dies. Since I've been here six years, do
I have a recourse to amend that?
Speaker 3 (18:18):
Okay?
Speaker 1 (18:18):
All right?
Speaker 2 (18:19):
Let me ask this. All right, you're a caregiver. She
did she own the property?
Speaker 9 (18:26):
Yeah? I was, uh see and hear did it?
Speaker 3 (18:29):
No?
Speaker 2 (18:29):
No? No, you know I'm talking about is the property
to be owned? I know people that go into uh
these independent living cells. Okay, so she owns the physical
property and she signed the proper So she dies and
her sister.
Speaker 3 (18:47):
How did her sister get the property?
Speaker 2 (18:49):
Was it a a will that she left the property?
Speaker 9 (18:53):
Well? They could, could they? U? She will pass this?
He was make her sisters happy, So she signed it
over to them.
Speaker 3 (19:02):
Okay. When when did she sign it.
Speaker 9 (19:04):
Over before we got married? Over to you?
Speaker 2 (19:07):
Okay?
Speaker 3 (19:08):
Okay, and what's your question?
Speaker 9 (19:11):
Well, do I have a recourse where I can stay
in this place?
Speaker 2 (19:15):
Only only if you can prove uh, well, it doesn't
even matter if you can prove that.
Speaker 3 (19:22):
Uh the document in which she signed over to.
Speaker 2 (19:25):
Her sister somehow is either fraudulent or under duress or
she was coerced.
Speaker 3 (19:32):
But she signed it over before you guys even got together.
Speaker 9 (19:36):
Yeah, but she has that mess and she doesn't have
all her mental capacity. So I think she was.
Speaker 3 (19:43):
You know, but how do you prove that she's But
she's dead.
Speaker 2 (19:49):
It's hard's cognitive testing on people that are dead. I
mean you have to was she buried or was she cremated?
Speaker 9 (19:57):
No, she's she's still alive.
Speaker 2 (19:59):
Ah Okay, I misunderstood and she signed, But she signed
it over before you guys got together, So you get
to prove that before you got.
Speaker 3 (20:11):
Together she had cognitive problems.
Speaker 2 (20:13):
I don't know how you're gonna do that because you
can't testify as to what she was like. You can't
testify as to what her relationship with her sister was like.
So you have no knowledge of what of what she's about.
You just suspect that she didn't have her mind in
the right place when she signed documents over to her sister. Now,
(20:35):
if it turns out that somehow you can attack it
and she doesn't have a will, yeah, yeah, you're married
and you are entitled, and if there are no children,
you get it all. But proving that she had that
disability before you even got together, how do you do that.
Speaker 9 (20:56):
She's had MS for decades.
Speaker 2 (20:58):
That means MS means that you cannot have cognitive skills, right,
you can't function.
Speaker 3 (21:07):
She's had MS for decades and she couldn't take care
of herself. She couldn't understand.
Speaker 4 (21:13):
She is not good at all.
Speaker 2 (21:16):
Yeah, but that's after you got married. How do you
prove what happened before you got married?
Speaker 3 (21:23):
Armand her? It doesn't matter.
Speaker 2 (21:30):
What I mean, her sisters know she has ms, So
what someone who has a mess doesn't have the ability
to transfer property.
Speaker 9 (21:39):
I don't believe what she does.
Speaker 2 (21:41):
I don't care if you believe it. You know, you
can believe whatever the hell you want. You can believe
to Today is Wednesday. It doesn't matter what you believe
you to be the law. The law mandates you have
to prove that she did not know what she was
doing when you signed it, when she signed the document
and gave her sister the property.
Speaker 3 (22:02):
You have to prove that.
Speaker 2 (22:04):
And if you think you're going to go into court
your honor, I believe, I think, and the court is
going to ask you what's your proof? Well, I don't
have any, but I think that happened. Where do you
think that's gonna go?
Speaker 3 (22:16):
Our mind?
Speaker 9 (22:18):
Yeah?
Speaker 3 (22:18):
Yeah, yeah that's true. Yeah you're screwed. Yeah, yeah, you're
completely screwed. Yeah time Monica.
Speaker 7 (22:25):
Hi, handle Yes, I me and my twin sister inherited
our condo. We've had it since we were sixteen. It
always we ski up in Manamos and there's they've always
had carpet. Now the new owner for at least ten
years now, he put a hardwood floor up there, and
it's like I can hear it too much and I
have to we have to go to another boat. Tell
the sleeproom were ever up there. We just wanted to
(22:47):
have enjoy.
Speaker 3 (22:48):
Yeah, I know, I get it, Monica. This was ten
years ago.
Speaker 2 (22:51):
It was installed, well maybe maybe five, but five years.
Speaker 3 (22:55):
Ago was installed.
Speaker 2 (22:56):
I mean, that's that's a little long. But your argument
is the noise increased to the point where our place
is uninhabitable. And that actually happened to me with a
guy that was actually it was a condo that my
daughters live in, and the guy underneath was really upset
(23:19):
and would pound broomsticks over.
Speaker 3 (23:24):
Yeah.
Speaker 2 (23:25):
So what ended up happening is there was a lawsuit
and their argument was, hey, you started it, No, you
started it. It was back and forth, and when you
go to court on those things, very very hard to prove.
What's too much noise, is my question, Monica, Because someone
else is not going to be bothered, or someone else
(23:46):
is going to be bothered far more than you see.
Speaker 3 (23:49):
That's the problem.
Speaker 2 (23:50):
Now there are codes that have to be met, and
there are actually decibel readings that if you're above or below.
If you're above that decibel reading, then you can have
them tear out the flooring.
Speaker 3 (24:03):
But it's it's complicated stuff. But if it's unlivable, you
talk to a lawyer. I mean, there's uh, that's it.
And we got into it.
Speaker 2 (24:13):
We finally settled, but it was it was a mess
just by the very nature of that kind of disagreement.
Speaker 3 (24:21):
It's very difficult.
Speaker 2 (24:23):
This is handle on the law and welcome back to
Handle on the law.
Speaker 3 (24:29):
Marginal legal Advice.
Speaker 6 (24:31):
Robert.
Speaker 3 (24:32):
Hello, Robert, Hey, Robert Bill.
Speaker 8 (24:35):
Yeah, okay, I'm amplying for coolbel Entry.
Speaker 5 (24:40):
I'm told that if you have a domesticanor you're to
prove dissolution.
Speaker 3 (24:46):
Yeah I don't.
Speaker 2 (24:46):
Yeah, well, first of all, I don't even know what
dissolution is other than a marriage or a corporation. Do
you have to prove that it no longer is in existence?
You have to prove that you have met all the
requirements of.
Speaker 3 (25:00):
Obation. Okay, yes, correct, okay, prova.
Speaker 5 (25:03):
It was just it was a it was a fraction.
Speaker 2 (25:06):
Do you like, okay, So I don't quite understand. Who
do you have to prove it to.
Speaker 1 (25:11):
Well, when you go in front of the FEDS, I.
Speaker 2 (25:15):
Know you just apply. I know you just apply. Uh
with I think it's border control. I think it is
where apartment is. No, I did all that I can, okay,
and they said okay, And they said no.
Speaker 5 (25:27):
No, they haven't said anything. All right.
Speaker 9 (25:29):
My neighbors and other crazy people that hey, if you
had a no.
Speaker 3 (25:34):
No, no, no, no no, don't listen to them.
Speaker 2 (25:37):
And you do you You described it perfectly, my crazy neighbors.
Speaker 3 (25:43):
Sean, Hey, Sean, welcome to handle on LAWA bill.
Speaker 1 (25:47):
Driving my car down the ten freeway, engine explodes. I
go to a guy, a new engine guy in Ontario.
Here twenty five dollars a new engine with a six
month warranty. I buy it, bring it to a mechanic.
Mechanic charged me one thousand dollars to put it in,
goes to start it. No compression. The motor is bad.
So now of course they're gonna honor the you know,
(26:08):
they're we're gonna give me a new motor. But amount
one thousand dollars. I got to pay the guy. Now
another thousand two.
Speaker 2 (26:13):
Yeah, you assume it's one thousand dollars. You've been damaged
one thousand bucks. Yeah, there's your lawsuit.
Speaker 1 (26:18):
Okay, Right, even though the warranty they say, okay, we'll
honor you a new motor. But I haven't even had
a chance to take care of the warrant because of
the new motor I put in, never even started.
Speaker 2 (26:28):
Yeah, so any kind of warranty, if they give you
a twenty four hour warranty, it's covered.
Speaker 3 (26:36):
So the motor though the motor.
Speaker 2 (26:38):
You said you already you said you already got paid
for the motor.
Speaker 3 (26:40):
They're giving you a new motor.
Speaker 1 (26:43):
Right, But here's the thing. So I bought the motor
from this company, but my mechanic is doing no I.
Speaker 3 (26:48):
Understand now, I get it.
Speaker 2 (26:49):
So they're supplying the motor, you have to spend another
thousand dollars to have it installed. After you've spent one
thousand dollars, that's your damage. Your motor is covered with
the in the elation the second time is not. That's
your damage one thousand bucks.
Speaker 3 (27:04):
Okay.
Speaker 1 (27:05):
Let's say hypothetically I'm driving three months down the road
and the motor does explode. Okay, they'll honor their warranty. Now,
am I was that something that I'll have to pay
out of pocket because they say, hey, look, your warranty's
on the motor, not on the installation. We'll cover the
motor after this.
Speaker 3 (27:18):
Yes. No, well, it depends on what the warranty is.
Speaker 2 (27:21):
If they do only parts and not labor or usually
what ends up happening is I want to buy your appliance.
For example, it's two years parts, one year labor. So
if it blows up at fourteen months, you get to
pay the labor. That's the guarantee that they give you.
Speaker 1 (27:36):
And I get that after three months, if it blows up,
I'll pay that they honored the new motor and I'll pay. Yeah,
this is that we didn't even get there this time.
Speaker 3 (27:44):
Right now, I understand that, Do I get it?
Speaker 6 (27:45):
No?
Speaker 2 (27:46):
No, you've already been damaged here. You don't have to
worry about any warranty, parts and labor. I mean, if
it happens immediately, I don't care what warranty. A thirty
day warranty probably would would be under this. So a
thousand bucks is what you're going to talk talk about.
Speaker 8 (28:01):
D or D D hi D D welcome, Hi del
I want a judgment in small claim Oh congratulations, great.
Speaker 2 (28:10):
Yeah.
Speaker 8 (28:10):
The defendant immediately filed emotion to vacate that judgment because
he called in on the phone and he says that
the court kept hanging up on him.
Speaker 2 (28:22):
All right, So, uh, first of all, is it a
motion to vacate or to he literally just asked for
a triald novo?
Speaker 3 (28:30):
Was it an appeal or a straight motion?
Speaker 6 (28:36):
Wow?
Speaker 2 (28:37):
Wait a second, hold on. So you have a small
claims court case that you won. The defendant takes it
to superior court and asks for emotion to vacate.
Speaker 3 (28:46):
Is that right?
Speaker 8 (28:49):
The emotion of vacate is held in the small flames court.
Speaker 2 (28:52):
Okay, then that is not a motion. That's not a
motion to vacate. That's just an appeal. It's basically a
trial denvo. The defendant is asking for a new trial.
And by the way, it doesn't matter if he showed
up or didn't show up and got connected or didn't
connect it. He's entitled by law to a new trial.
It's called a trial, as I said, trial denovo, and
it's like it's brand new. It starts from the beginning.
(29:12):
But he's ad his last shot to appeal. Uh, so
what is your question?
Speaker 8 (29:17):
My question is I didn't when he at the first
hearing of the trial.
Speaker 3 (29:24):
There was two hearings. There were two.
Speaker 8 (29:25):
Hearings, Yeah, the original date.
Speaker 3 (29:29):
And then and then and the judge okay, and then
the judge continued it.
Speaker 8 (29:32):
Right right, But he didn't he didn't call in. He
had his attorneys.
Speaker 2 (29:37):
It doesn't matter, it doesn't d it doesn't matter who
called in.
Speaker 3 (29:41):
The judge continued it, and the judge can do that.
Speaker 8 (29:44):
And then I won at the continuance.
Speaker 3 (29:47):
And so then, oh, you wanted the second trial at the.
Speaker 8 (29:51):
Trial the continuance, Oh, you want after the Cantel case.
Speaker 3 (29:53):
So now what's your question?
Speaker 8 (29:57):
So now they I put in a one seventy point
fix to get rid of that first judge, and they've
assigned it to a traffic traffic judge and it's they
put it off in another went all the way to
court yesterday and they didn't even tell me till I
get there and my phone was on everything in.
Speaker 3 (30:18):
Like, okay, and what did they tell you?
Speaker 8 (30:21):
They told me that because I filed a one seventy
to get to this was a PREMP three challenge of
the judge to get rid of that judge for bias
that they were going to send me into traffic court.
Speaker 3 (30:34):
Well I doesn't.
Speaker 2 (30:35):
Okay, they can send you wherever they want. Small Claims court,
they can put anybody there. A matter of fact, yeah,
they can put any judge. They can ask the Supreme
Court justice to sit in there are the majority of
small claims judges aren't even judges, they're lawyers who volunteer.
So the court can do that all day long. So
there you have no place to go. So what are
(30:56):
you looking for a new trial?
Speaker 8 (30:59):
Well, I already won, I already.
Speaker 2 (31:01):
Had, I know, but but the defendant has an appeal
that he can have. So after the motion, after the
defendant loses everything, then there is an appeal to just
have a new trial. They get two bytes. They get
two bytes of the apple, you get one.
Speaker 8 (31:20):
I know, I know all about that.
Speaker 3 (31:22):
Like, so what's your question? So what's your question? Did
he the.
Speaker 8 (31:26):
Only reason you could get emotion to vacate is if
you were not served properly d D.
Speaker 3 (31:32):
What is your question?
Speaker 8 (31:34):
My question is can he get he's saying he wasn't connected.
Speaker 3 (31:41):
With Okay, all right, so what's your question?
Speaker 8 (31:44):
Is that going to get him to fly.
Speaker 2 (31:46):
Yeah, probably, yeah, he's probably. It's probably gonna work. But
it doesn't matter as long as you get your day
in court. I mean, filing emotion and all that. I
don't even know why you do all that. You know,
just do your trial, get it out of the way,
you know, get your and then once you get your
judge with the defenditive appeals, you get a new trial.
Speaker 3 (32:03):
I mean, it's just tease. Can you complicate things?
Speaker 2 (32:06):
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for months now. For those of you who have tried it,
For those of you who use it, you know what
I'm talking about.
Speaker 3 (32:16):
For those of you that haven't. If you care all
about fresh breath.
Speaker 2 (32:22):
Well maybe you don't wake up in the morning and
have morning breath, or drink coffee and have coffee breath,
or eat foods that costs belly breath, then you don't
have to worry about it for the rest of us.
Zelman's really works little capsules that are coated with mint.
You suck off the mint and then they go into
your stomach where they really get to work. Because bad
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(32:43):
the way, you're not going to get this at Costco
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promo code KFI, and when you first use it, you'll
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(33:06):
I n S Zelmans dot com promo code KFI.
Speaker 3 (33:10):
This is Handle on the Law. You've been listening to
the Bill Handle Show.
Speaker 2 (33:15):
Catch my show Monday through Friday six am to nine am,
and anytime on demand on the iHeartRadio app.
You're listening to Bill Handle on demand from KFI AM
six forty.
Speaker 2 (00:08):
This has handled on the law marginal legal advice, where
I tell you you have absolutely no case. The city
of Santa Monica, which is a city here in southern California,
which everybody knows about. It was and still probably is
the most liberal city in the United States. It's crazy
(00:29):
making the way the politics work. Well, they're about to
file for bankruptcy, and usually you don't see cities file
for bankruptcy. I mean it has happened. Stockton, California filed
for bankruptcy. Orange County here in southern California filed for bankruptcy.
Speaker 3 (00:48):
Utilities.
Speaker 2 (00:49):
There was a utility up in the state of Washington
that had to go bankrupt.
Speaker 3 (00:53):
So it does happen.
Speaker 2 (00:54):
So this has to do with a case relating to
a sexual abuser who worked for the city. The city
has already paid out more than two hundred and twenty
nine million dollars in settlements relating to sexual abuse by
this former Santa Monica police dispatcher, and the city is
also facing additional abuse claims from over one hundred and
(01:18):
eighty other people. Now this guy work with boys and
girls at a nonprofit after school department. And here is
why the city is writing checks like crazy because, according
to the story in the La Times, several former Santa
Monica City employees told the police they reported this guy's
(01:39):
misconduct and he still kept working there. And so the
problem is that they're just well, they're gonna go bankrupt.
Speaker 3 (01:51):
It's that simple. And it's gonna.
Speaker 2 (01:53):
That's gonna happen more and more because there's less and
less money available out there for anything. All right, let's
go ahead and take some phone calls. Hello, Henry, Henry,
welcome to handle on the law.
Speaker 4 (02:07):
Hello. Yes, so I have an issue here and I
would like some solution to that. I originally contracted with
a solar company to put the solo in my house.
I have a gurney flat. That's where I wanted the solo,
(02:28):
not on the main house. They put it on the
main house. Any case, I had an attorney helped me
to cancel the contract. The contract was canceled. In the conclusion,
they claimed that they were going to fix my roof,
(02:51):
remove the solar, fix my roof. And it's been over
a year since this. Three months ago, they removed the
solar partially removed the solar, the Toto panels. My roof
is still beer and leaking. I cannot get them to
(03:14):
to proceed with fixing my roof.
Speaker 3 (03:16):
Yeah they will. All you have to do is sue them.
Believe me, they'll lose that lawsuit. That's easy. What's the
what's the cost affixing your roof?
Speaker 4 (03:25):
Here's the thing they hardly sign. Well, it's called an
arbitration that I couldn't suit him for more than twenty
six thousand dollars.
Speaker 2 (03:33):
Yeah, I don't think it works that way unless they
call liquidata damages.
Speaker 3 (03:38):
I don't think so. You can talk to that lawyer again.
Speaker 2 (03:41):
But if the damages are greater than twenty six thousand dollars,
you know you can't say we can damage your home
one hundred thousand dollars and we're only liable for twenty
six thousand. I yeah, I have a real issue with that.
I don't think the law allows that. Now, the arbitration,
the law absolutely allows. I mean, you're going to be
in arbitration. Uh, And you've got to go in and
(04:03):
find out. When you go into arbitration, you've got to
show them the bid. Got to show the arbitrator how
much it's going to cost you to go back to
where you were before the solar company started doing the work.
You want to be exactly where you were before? And
how much is that going to cost you? And that
is your claim against them, That is the claim you're
(04:25):
making in arbitration.
Speaker 3 (04:27):
And how much you think it's going to cost?
Speaker 4 (04:32):
Well, I haven't, I haven't made an estimate of that.
Speaker 3 (04:37):
You think it's going to cost over twenty six thousand dollars?
Speaker 4 (04:40):
Definitely?
Speaker 3 (04:41):
Okay, Wow, okay, there's a lot.
Speaker 4 (04:43):
Of damage to that roof, all right? The house?
Speaker 3 (04:46):
Oh, it's a whole roof to the house.
Speaker 2 (04:47):
Well, yeah, I mean twenty six thousand dollars buys you
a big a lot of roof. How big is your house?
Your footprint or the size of the roof?
Speaker 4 (04:57):
It's the four bedroom house twenty two thousand square feet?
Speaker 2 (05:03):
No, no, no, it's not twenty two thousands, twenty two hundred.
Speaker 4 (05:06):
Square fet twenty two hundred sorry.
Speaker 2 (05:07):
Yeah, and the roof, so assuming it's a two story
house or one story house? Correct, two story house? Yes, okay,
so you're talking half of that, let's say roof, So
you're talking about eleven hundred, twelve hundred square feet. You know,
two hundred dollars a foot for a roof seems an
awful lot of money, since it costs probably four hundred
(05:28):
dollars to build the house. Four hundred dollars a foot,
so you're basically saying the roof is half the price
of building that house.
Speaker 3 (05:36):
I don't know, you know, my guess is.
Speaker 2 (05:38):
It would be under twenty six thousand dollars. Go out
and get some bids, and if it's under twenty six
thousand dollars, you don't even worry about it. You know,
you don't even have to worry about what you signed.
They're going to be liable. But the first step is
finding out how much it's going to cost to bring
you back, and then you make a claim for arbitration
and probably go ahead.
Speaker 4 (06:01):
There is something else that has to be added to that.
In addition to the house. The main house was being
rented as a vacation rental, and I haven't been able
to do that since they started this.
Speaker 2 (06:13):
Okay, well then that's part of your damages. Okay, that's
part of your damages. You look at you go back
in history and you see how much rent you you
were able to get, and you then just say to
the judge, the court or the arbitrator, hey, I lost
this much rent.
Speaker 3 (06:32):
And the and the soul war comings going to go.
Speaker 2 (06:34):
You can't prove how much you you would rent it for.
You can't prove anybody would even rent it. It's too speculative.
And you come back saying it's not because here is
the history of my rent through this time. And I
think you'll be okay on that. Again, I still think, well,
what do you rent it for?
Speaker 4 (06:52):
The house would be rented for at least six dollars
a month.
Speaker 2 (06:58):
WHOA, Okay, yeah, you're over twenty six thousand dollars. Certainly
your damages. Okay, that's fair.
Speaker 3 (07:03):
Yep.
Speaker 2 (07:03):
You're gonna have to ask the arbitrator to rule that
that part of the contract is invalid, the twenty six
thousand dollars, and if it's binding arbitration, and the arbitrator says, nope,
I'm going to enforce that part of the contract, then
you're screwed. You get your twenty six thousand dollars plus
attorney's fees, assuming you have an attorney's fees cost, which
(07:26):
you probably do.
Speaker 3 (07:28):
Yeah, you probably do.
Speaker 2 (07:29):
But anyway, I can't imagine saying, yeah, you're limited to
twenty six thousand dollars. And what happens if the house,
let's say they tear the house down, the whole place
falls apart.
Speaker 3 (07:43):
No, I don't think so, maybe I was I was wrong.
Speaker 2 (07:49):
This is handle on the law. Welcome back to handle
on the law. Marginal legal advice, Ingrid, Hello, Ingrad, welcome
to handle on the law.
Speaker 5 (08:00):
Hello.
Speaker 6 (08:01):
I was divorced in two thousand and six, and in
that degree I had a we had a piece of
property in Mexico. I quit claim the deed over to
my husband. There is a copy of that. He has
a copy of that. He is now trying to build
something on that property. And the country of Mexico does
(08:22):
not recognize that.
Speaker 3 (08:26):
Does not recognize that claim deed.
Speaker 6 (08:28):
Right, that's correct.
Speaker 3 (08:31):
Okay.
Speaker 6 (08:32):
He wants me to give him my power of attorney
so he can sign my name in Mexico to give
him that property. I do not want to give him
my power of attorney. Can he force me to do that?
Speaker 3 (08:46):
No, of course not.
Speaker 2 (08:47):
But I'm a little confused as to They don't accept
a quit claim deed a US quit claim deed, but
they allow a power of attorney where that is very strange.
Speaker 3 (09:05):
So the answer is coy. Of course he can't it
can't force the issue.
Speaker 7 (09:11):
Uh.
Speaker 6 (09:12):
Well, I got a letter yesterday. I got a letter
yesterday from an attorney that he has hired, uh with
a piece with a document in Spanish on the back
saying that I have to sign it and I'm not
going to sign it.
Speaker 2 (09:26):
Well, no, First of all, you have to have a
translated you have to know what you're signing. And he
so at this point, uh, you refresh my memory.
Speaker 3 (09:35):
He ownly on the deed right now? He is on
the deed, correct, he is?
Speaker 2 (09:40):
He is, okay the deed and for some reason they
want you to sign. I don't think they can force
you to sign.
Speaker 3 (09:46):
No.
Speaker 2 (09:47):
All they can do is, yeah, there's no way, So
just say no, thank you.
Speaker 3 (09:53):
I mean, what are they going to do? Call the uh,
the the deed police.
Speaker 7 (09:59):
What I th too?
Speaker 3 (10:00):
Yeah, no, no, you're fine.
Speaker 6 (10:01):
And I don't have the problem with him having the
pay the property. But I don't want to give him
my power of attorney.
Speaker 2 (10:08):
Well, let me ask you. Can you limit it just
for the purpose of the property.
Speaker 6 (10:13):
Yes, but I do not want. I don't want. I
will give it to my son. I will give it
to my daughter so they can sign it for me.
But I do not want my ex husband to have
my power of attorney for anything.
Speaker 2 (10:26):
All right, uh and uh, but you you quit claim
the property to him, correct?
Speaker 3 (10:33):
Ye? Now okay, Now, now they can't make you do anything.
Speaker 2 (10:36):
But he could probably go to court and get a
court order that either forces you to do it.
Speaker 3 (10:42):
That he can do because it's a.
Speaker 6 (10:45):
Question for me to give him my.
Speaker 2 (10:48):
He can well for the purposes of transferring that property
to him, because you transferred that property to him, and
he wants to do something with his property and it
is not allowed to do it based on the fact
that Mexico doesn't recognize Mexico doesn't recognize uh, the quick
(11:11):
claim deed that you uh in fact handed the property
over to him that you intended to that now he owns.
Can he go to court here in the United States?
You asked if the Mexican authorities can force it.
Speaker 3 (11:23):
Of course not.
Speaker 8 (11:24):
No, I'm asking you.
Speaker 6 (11:25):
I'm asking you. Can he take me to court here
and force me to give.
Speaker 3 (11:29):
Him he can take it. He can take you to
court and there'll be a court order.
Speaker 6 (11:33):
Yeah, yeah, okay, Because I got a letter from the
attorney saying.
Speaker 3 (11:37):
Oh, you have to translate it? Yeah, forget it. You
don't sign anything until you are represented. And certainly, how
do I know that that?
Speaker 6 (11:45):
Cannot do I have to sign that? Can I sign
a translated copy instead of the one that's in Spanish?
Speaker 3 (11:51):
Yeah, of course they're going to let you do that.
Or if you're.
Speaker 2 (11:54):
Attached, Okay, let me ask you, why didn't you give
him power of attorney for the purposes of him keeping
the property. You're doing something with the property that you
gave him so many years ago.
Speaker 6 (12:10):
He's gonna ask all right.
Speaker 2 (12:12):
So basically what you're saying, okay, And what you're saying.
Speaker 6 (12:15):
Is I don't want him to sign my name.
Speaker 2 (12:19):
You know, you want to sign your name. He wants
to No, I understand. But basically what you're saying is,
I'm never going to let you do anything with that property,
even if you want it, Even though I don't get
that property.
Speaker 6 (12:32):
You don't I would go down to Mexico and sign
the piece of paper. I don't have a problem with that.
Speaker 3 (12:38):
Okay, then tell him.
Speaker 8 (12:39):
That as to do.
Speaker 3 (12:41):
Okay, we'll suggest that.
Speaker 2 (12:43):
Okay, God, we're gonna go back and forth on this, Okay,
I'm done.
Speaker 6 (12:48):
Wow.
Speaker 2 (12:48):
You know you're not calling me to ask You're calling
me to scream about your husband.
Speaker 3 (12:53):
Doug. Hi, Doug, welcome?
Speaker 5 (12:57):
Ah right, Bill.
Speaker 3 (12:58):
Yeah.
Speaker 5 (13:01):
I went to France and the travel agent that set
up the flights for us. I was supposed to make
sure to get wheelchair access because my wife and I
are not to spry anymore. And anyway, LaGuardia is quite
a large airport and one of the things that the
travel agent did is she booked Air to heat Nui
(13:26):
and Air France flights. So in transmitting us in wheelchairs
to the different areas of the thing, it only goes
so far. With Air France. They will not take you
to Air Tahiti Nui. And what happens is there Tahiti
(13:47):
Nui won't come and get you. So what they do
is they drop you off at the airport transition people.
So you're in a third party, so to speak, and
you got to wait for them to get you to
the next area. Well, by the time you get bagage
and all this stuff to the next area, that flight's gone.
(14:10):
So that happened to us when we flew in there.
We were supposed to take another flight out.
Speaker 3 (14:15):
Okay, one then okay, were you able to get another flight?
Speaker 5 (14:20):
Yeah, we got another flight, but it cost us eight
hundred dollars because they said you have to forfeit your
your price of the flight. Okay, And the same thing
happened to us on the way back, so we ended
up spending additional I don't know, forty five hundred bucks
on flights. I just wanted to know it.
Speaker 2 (14:37):
How did if it's if it's eight hundred dollars and
you forfeited, oh, it's sixteen hundred dollars each? Was thirty
two hundred dollars, all right, if you talk about sixteen
hundred dollars each, So all right, forty I don't know
where you get forty five hundred dollars, but let's.
Speaker 3 (14:53):
Say it sell.
Speaker 5 (14:56):
Bill. We also missed on the way back, and it
cost us another you know, transcontin mill flight, so that
was another three thousand dollars.
Speaker 3 (15:04):
Still, okay, sorry.
Speaker 5 (15:06):
We're you know, weren't easy at five grand at least?
Speaker 3 (15:11):
All right, So you.
Speaker 5 (15:12):
Want to know she's a Triple A agent. Okay, she
works for Triple A. Do I sue her? Do I
sue Triple A?
Speaker 3 (15:23):
You sue Triple A? Yeah? I mean you can sue her,
But there's.
Speaker 2 (15:30):
The people response will be Triple A, and then the
argument's going to be is she should.
Speaker 3 (15:35):
Have known.
Speaker 6 (15:37):
Because she went to business for.
Speaker 2 (15:40):
Yeah, exactly, So you went to them, You went to
Triple A, and you went to this agent or they
assigned you this agent, and you're relying on them for
their expertise, and they knew you were in a wheelchair,
and clearly there was no way to do the transfer
successfully and they should have known, they should have known.
Speaker 3 (16:03):
Yeah, did you make a claim?
Speaker 5 (16:06):
We I had her get try with the airlines, both
Air France and Eric Tahiti Neui, they both gave the
finger to the opposite way.
Speaker 2 (16:16):
Yea. Let me ask you what, why why should they pay?
Speaker 3 (16:22):
Well, this is what they what they do, this is
what they do. Yeah, uh and uh, you know they
make no secret about of it.
Speaker 2 (16:30):
Go here, here is our schedule, here's when we fly,
here's where we are, and uh.
Speaker 3 (16:36):
That's it. You know, we're from this terminal, we're in
this terminal, and.
Speaker 2 (16:40):
So they're not at fault in any way, but certainly
the agency is the agent would be Yeah, I'd make
make a formal claim and ask them. You know, it's
a big organization. Just ask for a claim for him.
They're going to turn you down. And uh then you'll
see in the contract with your triple A membership there's
(17:02):
probably an arbitration clause in there, so you have to
go to arbitration. Yeah, but I would That's what I
would do. I'd get I would get angry for sure.
You know they should they should know. This is Handle
on the Law.
Speaker 3 (17:16):
You're listening to Bill Handle on demand from KFI AM
six forty. All right, let's do it.
Speaker 2 (17:24):
Welcome back more Handle on the Law, Marginal Legal Advice.
Speaker 3 (17:30):
Armand Hello Armond.
Speaker 9 (17:34):
Hey belle, Yeah, pleasure. I've been listening to you since
you're only on Saturdays.
Speaker 2 (17:41):
Yeah, it's great. It was too many years ago. All right,
we've both gotten all together and you look like crap. Armind,
all right, what can I.
Speaker 3 (17:47):
Do for you?
Speaker 9 (17:49):
Hey, listen, I've been with this. I've been the caretaker
for this girl lady. But now she's my wife, and
she's a shareholder in this retirement community and her sister
had her sign some signed the property over to them.
(18:10):
Then she dies. Since I've been here six years, do
I have a recourse to amend that?
Speaker 3 (18:18):
Okay?
Speaker 1 (18:18):
All right?
Speaker 2 (18:19):
Let me ask this. All right, you're a caregiver. She
did she own the property?
Speaker 9 (18:26):
Yeah? I was, uh see and hear did it?
Speaker 3 (18:29):
No?
Speaker 2 (18:29):
No? No, you know I'm talking about is the property
to be owned? I know people that go into uh
these independent living cells. Okay, so she owns the physical
property and she signed the proper So she dies and
her sister.
Speaker 3 (18:47):
How did her sister get the property?
Speaker 2 (18:49):
Was it a a will that she left the property?
Speaker 9 (18:53):
Well? They could, could they? U? She will pass this?
He was make her sisters happy, So she signed it
over to them.
Speaker 3 (19:02):
Okay. When when did she sign it.
Speaker 9 (19:04):
Over before we got married? Over to you?
Speaker 2 (19:07):
Okay?
Speaker 3 (19:08):
Okay, and what's your question?
Speaker 9 (19:11):
Well, do I have a recourse where I can stay
in this place?
Speaker 2 (19:15):
Only only if you can prove uh, well, it doesn't
even matter if you can prove that.
Speaker 3 (19:22):
Uh the document in which she signed over to.
Speaker 2 (19:25):
Her sister somehow is either fraudulent or under duress or
she was coerced.
Speaker 3 (19:32):
But she signed it over before you guys even got together.
Speaker 9 (19:36):
Yeah, but she has that mess and she doesn't have
all her mental capacity. So I think she was.
Speaker 3 (19:43):
You know, but how do you prove that she's But
she's dead.
Speaker 2 (19:49):
It's hard's cognitive testing on people that are dead. I
mean you have to was she buried or was she cremated?
Speaker 9 (19:57):
No, she's she's still alive.
Speaker 2 (19:59):
Ah Okay, I misunderstood and she signed, But she signed
it over before you guys got together, So you get
to prove that before you got.
Speaker 3 (20:11):
Together she had cognitive problems.
Speaker 2 (20:13):
I don't know how you're gonna do that because you
can't testify as to what she was like. You can't
testify as to what her relationship with her sister was like.
So you have no knowledge of what of what she's about.
You just suspect that she didn't have her mind in
the right place when she signed documents over to her sister. Now,
(20:35):
if it turns out that somehow you can attack it
and she doesn't have a will, yeah, yeah, you're married
and you are entitled, and if there are no children,
you get it all. But proving that she had that
disability before you even got together, how do you do that.
Speaker 9 (20:56):
She's had MS for decades.
Speaker 2 (20:58):
That means MS means that you cannot have cognitive skills, right,
you can't function.
Speaker 3 (21:07):
She's had MS for decades and she couldn't take care
of herself. She couldn't understand.
Speaker 4 (21:13):
She is not good at all.
Speaker 2 (21:16):
Yeah, but that's after you got married. How do you
prove what happened before you got married?
Speaker 3 (21:23):
Armand her? It doesn't matter.
Speaker 2 (21:30):
What I mean, her sisters know she has ms, So
what someone who has a mess doesn't have the ability
to transfer property.
Speaker 9 (21:39):
I don't believe what she does.
Speaker 2 (21:41):
I don't care if you believe it. You know, you
can believe whatever the hell you want. You can believe
to Today is Wednesday. It doesn't matter what you believe
you to be the law. The law mandates you have
to prove that she did not know what she was
doing when you signed it, when she signed the document
and gave her sister the property.
Speaker 3 (22:02):
You have to prove that.
Speaker 2 (22:04):
And if you think you're going to go into court
your honor, I believe, I think, and the court is
going to ask you what's your proof? Well, I don't
have any, but I think that happened. Where do you
think that's gonna go?
Speaker 3 (22:16):
Our mind?
Speaker 9 (22:18):
Yeah?
Speaker 3 (22:18):
Yeah, yeah that's true. Yeah you're screwed. Yeah, yeah, you're
completely screwed. Yeah time Monica.
Speaker 7 (22:25):
Hi, handle Yes, I me and my twin sister inherited
our condo. We've had it since we were sixteen. It
always we ski up in Manamos and there's they've always
had carpet. Now the new owner for at least ten
years now, he put a hardwood floor up there, and
it's like I can hear it too much and I
have to we have to go to another boat. Tell
the sleeproom were ever up there. We just wanted to
(22:47):
have enjoy.
Speaker 3 (22:48):
Yeah, I know, I get it, Monica. This was ten
years ago.
Speaker 2 (22:51):
It was installed, well maybe maybe five, but five years.
Speaker 3 (22:55):
Ago was installed.
Speaker 2 (22:56):
I mean, that's that's a little long. But your argument
is the noise increased to the point where our place
is uninhabitable. And that actually happened to me with a
guy that was actually it was a condo that my
daughters live in, and the guy underneath was really upset
(23:19):
and would pound broomsticks over.
Speaker 3 (23:24):
Yeah.
Speaker 2 (23:25):
So what ended up happening is there was a lawsuit
and their argument was, hey, you started it, No, you
started it. It was back and forth, and when you
go to court on those things, very very hard to prove.
What's too much noise, is my question, Monica, Because someone
else is not going to be bothered, or someone else
(23:46):
is going to be bothered far more than you see.
Speaker 3 (23:49):
That's the problem.
Speaker 2 (23:50):
Now there are codes that have to be met, and
there are actually decibel readings that if you're above or below.
If you're above that decibel reading, then you can have
them tear out the flooring.
Speaker 3 (24:03):
But it's it's complicated stuff. But if it's unlivable, you
talk to a lawyer. I mean, there's uh, that's it.
And we got into it.
Speaker 2 (24:13):
We finally settled, but it was it was a mess
just by the very nature of that kind of disagreement.
Speaker 3 (24:21):
It's very difficult.
Speaker 2 (24:23):
This is handle on the law and welcome back to
Handle on the law.
Speaker 3 (24:29):
Marginal legal Advice.
Speaker 6 (24:31):
Robert.
Speaker 3 (24:32):
Hello, Robert, Hey, Robert Bill.
Speaker 8 (24:35):
Yeah, okay, I'm amplying for coolbel Entry.
Speaker 5 (24:40):
I'm told that if you have a domesticanor you're to
prove dissolution.
Speaker 3 (24:46):
Yeah I don't.
Speaker 2 (24:46):
Yeah, well, first of all, I don't even know what
dissolution is other than a marriage or a corporation. Do
you have to prove that it no longer is in existence?
You have to prove that you have met all the
requirements of.
Speaker 3 (25:00):
Obation. Okay, yes, correct, okay, prova.
Speaker 5 (25:03):
It was just it was a it was a fraction.
Speaker 2 (25:06):
Do you like, okay, So I don't quite understand. Who
do you have to prove it to.
Speaker 1 (25:11):
Well, when you go in front of the FEDS, I.
Speaker 2 (25:15):
Know you just apply. I know you just apply. Uh
with I think it's border control. I think it is
where apartment is. No, I did all that I can, okay,
and they said okay, And they said no.
Speaker 5 (25:27):
No, they haven't said anything. All right.
Speaker 9 (25:29):
My neighbors and other crazy people that hey, if you
had a no.
Speaker 3 (25:34):
No, no, no, no no, don't listen to them.
Speaker 2 (25:37):
And you do you You described it perfectly, my crazy neighbors.
Speaker 3 (25:43):
Sean, Hey, Sean, welcome to handle on LAWA bill.
Speaker 1 (25:47):
Driving my car down the ten freeway, engine explodes. I
go to a guy, a new engine guy in Ontario.
Here twenty five dollars a new engine with a six
month warranty. I buy it, bring it to a mechanic.
Mechanic charged me one thousand dollars to put it in,
goes to start it. No compression. The motor is bad.
So now of course they're gonna honor the you know,
(26:08):
they're we're gonna give me a new motor. But amount
one thousand dollars. I got to pay the guy. Now
another thousand two.
Speaker 2 (26:13):
Yeah, you assume it's one thousand dollars. You've been damaged
one thousand bucks. Yeah, there's your lawsuit.
Speaker 1 (26:18):
Okay, Right, even though the warranty they say, okay, we'll
honor you a new motor. But I haven't even had
a chance to take care of the warrant because of
the new motor I put in, never even started.
Speaker 2 (26:28):
Yeah, so any kind of warranty, if they give you
a twenty four hour warranty, it's covered.
Speaker 3 (26:36):
So the motor though the motor.
Speaker 2 (26:38):
You said you already you said you already got paid
for the motor.
Speaker 3 (26:40):
They're giving you a new motor.
Speaker 1 (26:43):
Right, But here's the thing. So I bought the motor
from this company, but my mechanic is doing no I.
Speaker 3 (26:48):
Understand now, I get it.
Speaker 2 (26:49):
So they're supplying the motor, you have to spend another
thousand dollars to have it installed. After you've spent one
thousand dollars, that's your damage. Your motor is covered with
the in the elation the second time is not. That's
your damage one thousand bucks.
Speaker 3 (27:04):
Okay.
Speaker 1 (27:05):
Let's say hypothetically I'm driving three months down the road
and the motor does explode. Okay, they'll honor their warranty. Now,
am I was that something that I'll have to pay
out of pocket because they say, hey, look, your warranty's
on the motor, not on the installation. We'll cover the
motor after this.
Speaker 3 (27:18):
Yes. No, well, it depends on what the warranty is.
Speaker 2 (27:21):
If they do only parts and not labor or usually
what ends up happening is I want to buy your appliance.
For example, it's two years parts, one year labor. So
if it blows up at fourteen months, you get to
pay the labor. That's the guarantee that they give you.
Speaker 1 (27:36):
And I get that after three months, if it blows up,
I'll pay that they honored the new motor and I'll pay. Yeah,
this is that we didn't even get there this time.
Speaker 3 (27:44):
Right now, I understand that, Do I get it?
Speaker 6 (27:45):
No?
Speaker 2 (27:46):
No, you've already been damaged here. You don't have to
worry about any warranty, parts and labor. I mean, if
it happens immediately, I don't care what warranty. A thirty
day warranty probably would would be under this. So a
thousand bucks is what you're going to talk talk about.
Speaker 8 (28:01):
D or D D hi D D welcome, Hi del
I want a judgment in small claim Oh congratulations, great.
Speaker 2 (28:10):
Yeah.
Speaker 8 (28:10):
The defendant immediately filed emotion to vacate that judgment because
he called in on the phone and he says that
the court kept hanging up on him.
Speaker 2 (28:22):
All right, So, uh, first of all, is it a
motion to vacate or to he literally just asked for
a triald novo?
Speaker 3 (28:30):
Was it an appeal or a straight motion?
Speaker 6 (28:36):
Wow?
Speaker 2 (28:37):
Wait a second, hold on. So you have a small
claims court case that you won. The defendant takes it
to superior court and asks for emotion to vacate.
Speaker 3 (28:46):
Is that right?
Speaker 8 (28:49):
The emotion of vacate is held in the small flames court.
Speaker 2 (28:52):
Okay, then that is not a motion. That's not a
motion to vacate. That's just an appeal. It's basically a
trial denvo. The defendant is asking for a new trial.
And by the way, it doesn't matter if he showed
up or didn't show up and got connected or didn't
connect it. He's entitled by law to a new trial.
It's called a trial, as I said, trial denovo, and
it's like it's brand new. It starts from the beginning.
(29:12):
But he's ad his last shot to appeal. Uh, so
what is your question?
Speaker 8 (29:17):
My question is I didn't when he at the first
hearing of the trial.
Speaker 3 (29:24):
There was two hearings. There were two.
Speaker 8 (29:25):
Hearings, Yeah, the original date.
Speaker 3 (29:29):
And then and then and the judge okay, and then
the judge continued it.
Speaker 8 (29:32):
Right right, But he didn't he didn't call in. He
had his attorneys.
Speaker 2 (29:37):
It doesn't matter, it doesn't d it doesn't matter who
called in.
Speaker 3 (29:41):
The judge continued it, and the judge can do that.
Speaker 8 (29:44):
And then I won at the continuance.
Speaker 3 (29:47):
And so then, oh, you wanted the second trial at the.
Speaker 8 (29:51):
Trial the continuance, Oh, you want after the Cantel case.
Speaker 3 (29:53):
So now what's your question?
Speaker 8 (29:57):
So now they I put in a one seventy point
fix to get rid of that first judge, and they've
assigned it to a traffic traffic judge and it's they
put it off in another went all the way to
court yesterday and they didn't even tell me till I
get there and my phone was on everything in.
Speaker 3 (30:18):
Like, okay, and what did they tell you?
Speaker 8 (30:21):
They told me that because I filed a one seventy
to get to this was a PREMP three challenge of
the judge to get rid of that judge for bias
that they were going to send me into traffic court.
Speaker 3 (30:34):
Well I doesn't.
Speaker 2 (30:35):
Okay, they can send you wherever they want. Small Claims court,
they can put anybody there. A matter of fact, yeah,
they can put any judge. They can ask the Supreme
Court justice to sit in there are the majority of
small claims judges aren't even judges, they're lawyers who volunteer.
So the court can do that all day long. So
there you have no place to go. So what are
(30:56):
you looking for a new trial?
Speaker 8 (30:59):
Well, I already won, I already.
Speaker 2 (31:01):
Had, I know, but but the defendant has an appeal
that he can have. So after the motion, after the
defendant loses everything, then there is an appeal to just
have a new trial. They get two bytes. They get
two bytes of the apple, you get one.
Speaker 8 (31:20):
I know, I know all about that.
Speaker 3 (31:22):
Like, so what's your question? So what's your question? Did
he the.
Speaker 8 (31:26):
Only reason you could get emotion to vacate is if
you were not served properly d D.
Speaker 3 (31:32):
What is your question?
Speaker 8 (31:34):
My question is can he get he's saying he wasn't connected.
Speaker 3 (31:41):
With Okay, all right, so what's your question?
Speaker 8 (31:44):
Is that going to get him to fly.
Speaker 2 (31:46):
Yeah, probably, yeah, he's probably. It's probably gonna work. But
it doesn't matter as long as you get your day
in court. I mean, filing emotion and all that. I
don't even know why you do all that. You know,
just do your trial, get it out of the way,
you know, get your and then once you get your
judge with the defenditive appeals, you get a new trial.
Speaker 3 (32:03):
I mean, it's just tease. Can you complicate things?
Speaker 2 (32:06):
My god, you've heard me talk about Zelman's minty Mouth
for months now. For those of you who have tried it,
For those of you who use it, you know what
I'm talking about.
Speaker 3 (32:16):
For those of you that haven't. If you care all
about fresh breath.
Speaker 2 (32:22):
Well maybe you don't wake up in the morning and
have morning breath, or drink coffee and have coffee breath,
or eat foods that costs belly breath, then you don't
have to worry about it for the rest of us.
Zelman's really works little capsules that are coated with mint.
You suck off the mint and then they go into
your stomach where they really get to work. Because bad
breath is both your mouth and your stomach. And by
(32:43):
the way, you're not going to get this at Costco
or Trader Joe's. It's at zelmans dot com and the
promo code is KFI until the end of the month.
Fifteen percent off your first purchase at zelmans dot com
promo code KFI, and when you first use it, you'll
know exactly what I'm talking about. Zelman Z l M
(33:06):
I n S Zelmans dot com promo code KFI.
Speaker 3 (33:10):
This is Handle on the Law. You've been listening to
the Bill Handle Show.
Speaker 2 (33:15):
Catch my show Monday through Friday six am to nine am,
and anytime on demand on the iHeartRadio app.
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