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July 12, 2025 • 40 mins
Handel on the Law. Marginal Legal Advice
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Episode Transcript

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Speaker 1 (00:00):
You're listening to KFI AM six forty the Bill Handles
show on demand on the iHeartRadio f KFI Bill Handle Here,
good morning, it's a Saturday, and we have ourselves three
fun hours of legal advice. Well, actually I have myself
three fun hours of legal advice.

Speaker 2 (00:22):
You may not, depending on the kind of phone call
you make.

Speaker 1 (00:25):
Either I tell you have a case in which it's
okay for you and not particularly good for me, or
you don't have a case and then fantastic for me
because I love doing that. The number eight hundred five
two zero one five three four calling in eight hundred
five two zero one five three four.

Speaker 2 (00:45):
Same rules apply.

Speaker 1 (00:46):
I've been saying this for decades. Top of the hour
always the best time to call. Top of the hour,
first hour, better time to call. So this is sort
of the high end in terms of times to call.
Right best time eight hundred five to zero one five

(01:08):
three four eight hundred five to zero one five three four.

Speaker 2 (01:12):
Normal rules apply.

Speaker 1 (01:14):
If you have an interesting case, good chance of coming up.
If you have absolutely no case and you sound like
a more on excellent chance of coming up. If you
are unintelligible, for example, you've come from a foreign country
and you are an immigrant here and no one can
understand a word you say. Good chance you jumping up
in front of the line if you've been here for

(01:37):
forty years and still don't speak English. Also very strong.
My parents came from Brazil. We immigrated to the United States,
and they were here for fifty years, my mother sixty
something years, my dad fifty years. Sounded like they got
off the boat yesterday afternoon, which is always a great

(01:59):
deal of five.

Speaker 3 (02:00):
Eight hundred and five two zero one five three four.

Speaker 1 (02:05):
This is handle on the law, marginal legal advice where
I tell you have absolutely no case. Now California, being California,
how unusual. Effective last January one, it was ill legal
to sell foam products. Read you go to the mainly restaurants,

(02:26):
and you either take home food at the end of
the meal take away please, or you're buying it to
take home. And it's usually in those foam containers. Once
in a while, so those cardboard containers which are kind
of neat, but and you figure out.

Speaker 2 (02:43):
Okay, that is recyclable.

Speaker 1 (02:45):
You know, in the back it has that recycle insignia,
and so okay, fair enough, And most of the time
it's these phone containers. It is illegal in the state
of California to sell or distribute those.

Speaker 2 (03:02):
Phone foam containers.

Speaker 1 (03:05):
If you were go to a restaurant today and you
have leftovers and say I want to take this home,
chances are better than not. The chances are excellent they're
going to put in a pham container, which is illegal.

Speaker 3 (03:19):
So there is a chef in San Diego.

Speaker 1 (03:22):
Owner of a company called Convivial Catering, and he is suing.

Speaker 3 (03:28):
He's suing a company called win Cup.

Speaker 1 (03:30):
It's out of Atlanta, and it's a foam foot food
wear product manufacturing company that sells and markets exactly those
foam products.

Speaker 2 (03:42):
And so the lawsuit.

Speaker 1 (03:43):
Says that win Cup continues to do that despite the
California state law that was supposed to ban sales starting
January one. Now, a couple of things about this lawsuit.
First of all, he is suing on behalf of himself,
which is really limited because if the court comes down

(04:04):
on behalf of him, it's only as to him that
win Cup cannot give him phone products. But what he's
trying to do, and this is where this case can
become enormous, he is attempting and a seeking class action
status on behalf of all Californians.

Speaker 3 (04:24):
Now we have a lawsuit on our hands, and I
mean a big.

Speaker 1 (04:27):
One, because how many people have gone to a restaurant
since January first and either a take home phone package
or a leftover phone package? Figure that number out and
I have done it dozens of times.

Speaker 2 (04:49):
And I am a.

Speaker 1 (04:50):
Member of the suit if it's certified as class action,
as you probably are if you live in California. And
once it gets class action status, which i've I think
it's going to happen. Oh man, you are going to
see some really serious, serious money. There'll be a settlement
of gargantuan proportions. Now, how much are we going to

(05:11):
get a plaintiffs because we're automatically plaintiffs. Okay, they try
to figure out, all, right, phone package illegal? How many times?
What's the average California is going? And so they figure
it all out, and we're going to get forty six
cents per person the lawyers millions and millions of dollars.

(05:31):
This is when God has decided lawyers are a class
that he or she decided to protect and to promote. Okay,
let's do it. Some phone calls, Uh, Steph We'll start
with you. Hello, Steph, Steph, are you there? Yes, ma'am staff.

Speaker 2 (06:01):
Here's how it works.

Speaker 1 (06:02):
You're on the phone, you asked me questions, and you're
and you're laughing.

Speaker 2 (06:07):
Are we having a problem?

Speaker 4 (06:08):
Here?

Speaker 2 (06:11):
Are you deaf?

Speaker 3 (06:12):
Are we doing an impression of Hell and Keller?

Speaker 2 (06:14):
Here?

Speaker 1 (06:15):
I guess so, okay, that was a good call. By
the way, why not David? Hello, David, welcome? What can
I do for you?

Speaker 4 (06:27):
Yes, sir, Hey, there's what I call in. I'm Millinois.
So I had a neighbor's house that was vacant. It
was for sale and the tree we had a storm
blow through the tree of major truck or the tree
broke and some of the branches that were just like

(06:50):
spears just came down and stuck right to my roof.
There's three holes in my roof. I called an arborist,
and an arborist came over. I looked at the tree
and said it was dead and dead. So I contacted
the realtor. Of the realtor gave me the insurance that
I was supposed to contact. So I contact them and

(07:12):
they had an adjuster come out. I had a roofer
come out. There was damage to my sighting on the
side of the house, and the roofer said, the siding
has discontinued. We can't replace, we can't fix that portion.
Though he made it the estimate for a full wrap.
The estimate came back from the insurance company and he

(07:35):
basically said that they'd given me thirty eight hundred dollars
for the actual damage that it cost, but the actual
damage was part of that, and then he wrapped in
actual cash value. And now I'm kind of arguing with that.

Speaker 2 (07:51):
Okay, how much money thirty eight dollars?

Speaker 1 (07:54):
How much did it cost to fix the roof and
put in the siding new sighting, because since the sighting
that you have cannot be replaced, how much money is
a whole shebang?

Speaker 4 (08:05):
The RUSS came back with an esti minute twenty seven
thousand dollars.

Speaker 2 (08:11):
Okay, fair enough, Okay, the whole thing.

Speaker 1 (08:15):
So twenty seven thousand dollars is to bring your house
back to where it was prior to the tree coming down,
and that includes replacing the sighting across the entire house,
around the entire house, because it's going to look totally.

Speaker 2 (08:31):
Different, right right, Okay, got it, all right?

Speaker 1 (08:36):
So your claim is for twenty seven thousand dollars. They're
offering you thirty eight hundred dollars. You're not very close.
So the next step is you get to sue the
owner of the house.

Speaker 2 (08:46):
You file a lawsuit.

Speaker 1 (08:48):
Now with that being said, you are they're going to
sit down and seriously start to negotiate with you, because
if they go to court on this one, I mean,
you have a bang winner. I mean, there is no
question the neighbor has a duty to maintain in this
case trees so it doesn't harm hurt other.

Speaker 2 (09:10):
People's process property.

Speaker 1 (09:12):
And if the tree is dead, that makes it even
a stronger argument for you because it's a question of
he could have known, he should have assumed that that
was going to happen. Now, if it's a live tree
and you have an act of God, all of a
sudden one hundred miles one hundred and fifty miles an
hour winds come in or a tornado comes in, you

(09:34):
know what, that's beyond anybody can ascertain reasonably what's going
to happen. You know, if a tree starts flying out
of the ground and hit your house, you know, is
it the neighbor's fault? No, that's when your homeowner's insurance kicks.

Speaker 4 (09:47):
In, so should I. That's something that he actually brought up. See, yeah,
he's like, give me your instance company.

Speaker 1 (09:53):
Yeah I would. I would, Yeah, I'd have your insurance come.
I do it because otherwise you get to file a
law suit against the guy next door.

Speaker 2 (10:02):
Yeah, and your insurance company then.

Speaker 1 (10:04):
Takes over and you're in it pays you because clearly
he is not paying. That's effectively a non insured incident.
If he's giving you a thirty eight hundred dollars or
twenty seven thousand dollars worth.

Speaker 4 (10:19):
Here, I mean that didn't cover that. That doesn't un
cover the roofs. The estimate on the roof came back
at like four thousand.

Speaker 2 (10:26):
Yeah, you do it all. You do it all.

Speaker 1 (10:27):
You add all of it together, and I would turn
it over my homeowner's policy and say, hey, guys, you
take care of it. And that's why God invented homeowners' policies.

Speaker 2 (10:39):
See how that works. This is Handle on the law.

Speaker 1 (10:43):
CANFI handle here Saturday morning, eight hundred and five two
zero one five three four Welcome back. Handle on the law.
Marginal legal advice. George, I am going to take your
phone call even though I've answered this probably one hundred
thousand times. So we're going to make this really quick

(11:03):
because maybe there are people out there that haven't listened
to this show and this will be yet. Let's calendar
this one for a few months. Okay, George, what can
I do for you.

Speaker 5 (11:13):
Question whether I should get a will or trust from
my seat?

Speaker 2 (11:18):
Ah? Okay, So what's it?

Speaker 1 (11:20):
Ever seen a will and a trust? Okay, let's start
out with where they are not different? Okay, the similarities
in both cases. You are dead, you are completely dead.
So now we're talking about who's going to get what.
A will you sort of just leave everything to everybody.

(11:40):
Here you go, I want my kids to have the house.
I want my other kid to have my bank accounts.
That's your will. A trust is basically.

Speaker 2 (11:50):
The same thing.

Speaker 1 (11:51):
Beneficiaries are named and they get whatever you have, and
there's a trustee, though you are telling someone to maintain
the trust and they're going to distribute it. Same thing
with an executor with a will, but a trust can
go on a lot longer, and they usually do, and

(12:13):
you have to put your assets into the trust. So
it's not your house that's being left in a will,
it's the trust that is leaving the house to whoever beneficiary.
So the advantages a will is overseen by a judge,
so there's more control a trust. The trustee does it all.

(12:34):
And the trustee has an enormous amount of power. It
can screw everybody. And you know that's you have to
trust the trustee.

Speaker 2 (12:42):
And a lot of.

Speaker 1 (12:43):
People do both. I do both because if you can't
put title in the trust. For example, I have a
family trust right, and so I have money, and I
have a house, and I leave it to my kids.
Let's say, and but you can't put in a trust.
Here's a piece of jewelry. I mean you could there,
but it's very hard. So just say, and all my
stuff in my garage goes to my two gifts to

(13:05):
be spleep split evenly. That's the trust part, or that's
the will part. Okay, So who do you want to
leave money to?

Speaker 4 (13:15):
I want to live between my wife and my daughter.

Speaker 1 (13:17):
Okay, here's what usually happens in a trust. A husband
and a wife. The other one becomes the trustee when
one of them dies. All right, now, if you're just
leaving your side, now, keep in mind if you've been
married for a long time, and there's one hundred thousand
dollars in a trust.

Speaker 2 (13:34):
Let me throw the figure out there.

Speaker 1 (13:37):
All the money goes into the trust if it stays
in the trust, for one of you dies and the
other one owns everything and can decide to change it around,
can decide almost anything, because remember you have half of
what happens, and you agree in a trust. My half
goes to my wife, and then the wife decides.

Speaker 3 (13:58):
So here's the deal.

Speaker 1 (14:00):
You leave a trust, you die, your wife is screwing
the pool boy, the eighteen year old pool boy, and
all of a sudden, your daughter gets screwed. Your wife
gets all the money, and you have a happy eighteen
year old pool boy, and you probably don't even have
a pool.

Speaker 2 (14:18):
Correct correct you see? You see? Natalie? Hi, Natalie, welcome.

Speaker 6 (14:26):
Hello. Yes, I had a question. In June twenty twenty four,
I was I found out I was pregnant, and then
on June tenth, I went to my first OBYGN and
I did routine a test and on June thirteenth a

(14:49):
my test re thought came positive for HTV. However I
wasn't notified. I also had to follow up appointments after that.
On Jane twenty fourth for a sonograph and then on
June twenty eighth for your follow up visit, and that
neither of those appointments was any of that discussed. I

(15:13):
had a miscarriage June thirty eighth.

Speaker 1 (15:15):
Okay, got it? And yeah, so let me ask you. Yeah, okay,
you're arguing the HPV is the cause of the miscarriage. Correct, No,
I'm not Okay, sorry, go ahead, I interrupted you.

Speaker 6 (15:29):
Yeah, it wasn't until February nineteenth of this year that
I found out I was positive for HTV, but the
strain that puts you at high risk for cancer. When
I called my old OBYGN and asked them, why didn't
they notify me, they said that they were going to

(15:51):
wait for my next appointment to let me know.

Speaker 2 (15:57):
All right, So what's your question?

Speaker 6 (16:00):
My question was, I wasn't notified as a positive test.

Speaker 2 (16:05):
No, I understand how I get it.

Speaker 1 (16:07):
You weren't. You weren't notified you had HPV and you
weren't notified until after you got pregnant and you miscarried.

Speaker 2 (16:12):
What's your question?

Speaker 6 (16:15):
Well? Can I go after them for no practice? Ah?

Speaker 2 (16:19):
That's your question?

Speaker 3 (16:20):
Okay, good question. That okay, good question.

Speaker 1 (16:24):
So let me ask you, I had you known that
you at HPV, would you not have gotten pregnant?

Speaker 2 (16:29):
Would you say? No, there's no way I'm.

Speaker 3 (16:30):
Going to have a kid.

Speaker 6 (16:32):
No, I wouldn't have had Oh okay?

Speaker 1 (16:35):
Uh?

Speaker 3 (16:36):
And can they treat HPV?

Speaker 6 (16:38):
What? Uh?

Speaker 5 (16:39):
Uh?

Speaker 2 (16:40):
I'm about an expert on this.

Speaker 1 (16:42):
If you have HPV and you want to get pregnant
and they do a test, uh, can it be treated
either before or after the pregnancy or has been confirmed?

Speaker 6 (16:51):
You know? Yeah? No. Well, the thing is with the
strain that I have, there are a systematic asystematics, so
there's no symptoms, so there's.

Speaker 2 (17:02):
No way for okay, so there's no symptoms. So okay,
got it.

Speaker 1 (17:05):
So is it normal for someone who is pregnant to
come in and have an.

Speaker 3 (17:11):
HPV test that shows that strain?

Speaker 1 (17:13):
I don't know if that's something they should have done,
and if they should have done it and didn't do
it and had given you a test before, for example,
as soon as you got pregnant. Because do people go
to the doctor prior to pregnancy and say I'm trying
to get pregnant and I want all the tests done.
I don't know anybody who does that. So have they malpracticed.

(17:38):
I don't know, but you have to prove that. Number one,
the miscarriage happened as a result of your HPV. If
you're arguing malpractice on the miscarriage and.

Speaker 2 (17:49):
Then you don't have cancer, not get well, not yet?
When do you plan? When do you plan on getting cancer?

Speaker 6 (18:00):
A mind is dormant?

Speaker 2 (18:02):
Okay, Oh, you do have cancer. It is dormant. Wait
a minute, you do have cancer?

Speaker 6 (18:08):
No, w what it is dormant?

Speaker 1 (18:11):
Hey, Natalie, this is very specific, Natalie, we're talking the
law here.

Speaker 2 (18:14):
Specificity.

Speaker 1 (18:16):
Dormant means you have the disease and it just hasn't
shown up yet, or it hasn't now manifested itself.

Speaker 2 (18:25):
So if you have the I'm.

Speaker 6 (18:28):
Sorry, I have the virus.

Speaker 1 (18:31):
Okay, but the virus and I don't know enough of it.
Does the virus say that you do have cancer? Or
you have a propensity to cancer?

Speaker 6 (18:39):
It has it's a propensity of cancer.

Speaker 1 (18:41):
You're not, so you don't have So you don't have cancer. Well,
let me ask you something. How what do you sue
for is I might have cancer? I may, and it
could be that I never have cancer.

Speaker 2 (18:53):
What do you sue.

Speaker 6 (18:54):
For duty to tell that I had this.

Speaker 5 (18:59):
Truck?

Speaker 6 (19:00):
Do this a STD? Because I had no knowledge of this?

Speaker 2 (19:03):
I don't I understand.

Speaker 6 (19:05):
I know.

Speaker 2 (19:05):
I'm not arguing that.

Speaker 1 (19:06):
I'm not arguing that you have to prove that as
a result of that.

Speaker 2 (19:13):
The the of the STD.

Speaker 1 (19:17):
As a result, you either miscarried, which is one aspect,
or you have cancer, or you might have cancer, or
you may never have cancer.

Speaker 2 (19:27):
You don't know. So how much money.

Speaker 1 (19:29):
Do you ask for that? Because it's money, that's all
you're asking for, Natalie.

Speaker 6 (19:35):
But the whole, but the whole point was that I
did not discover this, And.

Speaker 2 (19:39):
How much money do you want to suit for? What
do you think that's worth?

Speaker 6 (19:45):
You can't put a price on my life.

Speaker 2 (19:47):
Well, you got to ask for something.

Speaker 1 (19:48):
You can't go into court and say I want money,
but I don't know how much And you can't put
a price on it.

Speaker 2 (19:54):
What's the jury gonna do?

Speaker 6 (19:57):
No that That's why I'm calling you to see if I.

Speaker 1 (19:59):
Understand what I I'm telling you is I could have
would you know what? I could have stepped outside and
I could have gone in an office building and it
could have fallen in earthquake. But there was no earthquake.
But it didn't meet Earthcake standards.

Speaker 2 (20:14):
And I want to sue.

Speaker 1 (20:16):
Now you know, we're gonna go round and round and round.

Speaker 3 (20:20):
I don't have it, but I might have it, so
therefore you see.

Speaker 1 (20:23):
What happens with that. That that's a tough one and
it's very difficult to prove malpractice anyways. And I don't
know if taking an ed HPV shot, you know test,
do you do that before the pregnancy? I didn't well
because I never got pregnant. But you know, I don't
know if that's normal in any case. Let me tell
you about AI, artificial intelligence, and if your business is

(20:46):
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know why because all of your competitors are using AI.
So what next suite help you control costs and increase efficiency.
It's the number one cloud business management system. So you
have different software doing different things. What NetSuite does is

(21:10):
brings accounting, financial management, inventory HR into one efficient suite.
So all these programs talk to one another because there's
only one that's NetSuite. So go to NetSuite dot com
slash handle. It is a free download and it's a
free CFO guide to AI and.

Speaker 2 (21:28):
Machine learning, and you'll see if it works for you
or not. Probably will.

Speaker 1 (21:32):
So go to net suite as in hotel suites, NetSuite
dot com slash handle. That's NetSuite dot com slash handle,
H A, N D E L NetSuite dot com slash handle.

Speaker 2 (21:45):
This is handle on the law.

Speaker 4 (21:48):
You're listening to bill handle on demand from kf I
A M six forty.

Speaker 1 (21:55):
And this is a KFI bill handle here on a
Saturday morning. Eight hundred to zero one five three four
Ah right, du.

Speaker 2 (22:08):
Run, let's go to you. Hello ron.

Speaker 5 (22:12):
Oh hi, I am so it's just eating.

Speaker 7 (22:18):
My wife and I have an apartment in their back,
a converted garage which we've rented out for years, most
most recently Airbnb, and then a couple of months ago
we switched to a new company called Furnished Finders, which
apparently I don't have the background check that Airbnb has.

(22:38):
We got a couple of we got a couple that
came in uh for May and June, but immediately because
we've had so many different people. Most people have little
problems here and there, you know, whatever the electric, the
electrical or something. There's there's a port sort of a

(22:59):
common port in the back, and there's a shed that
we use. So we go back and forth, and almost
immediately there was some small complaint about you.

Speaker 4 (23:08):
You were on the.

Speaker 7 (23:08):
Porch when we were eating our lunch. It's like, well, sorry,
and then it's sort of those kind of I.

Speaker 2 (23:17):
Got the idea. They became a pain in the ass.

Speaker 7 (23:19):
Okay, now what Yeah, Well, they were supposed to leave
at the end of June, so they were hoping they'll
leave at the end of June, and they did, but
they left a week early, and so we waited. We look,
all this stuff is gone, and we waited next day,

(23:40):
two days nothing there. Well, I guess early, and there's
no communication because they started.

Speaker 2 (23:46):
Did they pay you till did they pay you for
that last week?

Speaker 7 (23:50):
Yeah? They paid paid for the fool two months.

Speaker 2 (23:53):
Okay, So if they've paid you it was there any
damage done to the unit?

Speaker 5 (23:58):
No?

Speaker 7 (23:58):
Everything was fine.

Speaker 2 (23:59):
So what is the problem. What is the problem? They
paid you, they left a week early, You got your money,
and so.

Speaker 3 (24:05):
Now what what's your complaint here?

Speaker 4 (24:08):
Oh?

Speaker 7 (24:09):
My complaint is that about three, three or four days
before the end of the month, we got a text
saying we came back to uh, we came back to
the apartment and someone had moved in.

Speaker 1 (24:29):
Okay, all right, So and did someone move did someone
move in?

Speaker 4 (24:34):
RN?

Speaker 7 (24:35):
No, No, no one had moved in.

Speaker 2 (24:36):
There was okay, fine in there. All right, So what's
your question? What's your question? This is going way too long.
What's your question?

Speaker 7 (24:45):
My question is we got a text and they said
we did someone stay there? We had We're in a
hotel now and we're paying two hundred dollars a night.

Speaker 1 (24:55):
All right, Yeah, I got it, and they want their money. Yeah,
yet all you do is say no one moved in.

Speaker 2 (24:59):
That's it.

Speaker 7 (25:01):
Well, yeah, we said no one moved So then they
sent a long, long letter and it said you were
going to court you.

Speaker 2 (25:09):
Yeah, yeah, I know you're getting. Yeah, No, you're getting.

Speaker 1 (25:11):
It's they're blowing smoke. No one moved in, goodbye. Conversation
over Okay.

Speaker 7 (25:18):
So even though they they in at the very end
they said, he it's like nine thousand dollars, It.

Speaker 1 (25:23):
Doesn't matter no one moves in. They can ask for
one hundred thousand dollars. If no one moved in and
they still had access to the unit and you didn't
move anybody in it was theirs.

Speaker 3 (25:33):
And if they want to leave early, they leave early.

Speaker 2 (25:36):
That's it. You're fine. Yeah, it doesn't matter.

Speaker 1 (25:40):
They can claim, they can claim that you killed a
member of the family. It doesn't matter what their claim is.
You don't want to hear it, man, You just don't
want to hear it, do you?

Speaker 2 (25:53):
I love this stuff. Shelley. Hi, Shelley, welcome. What can
I do for you?

Speaker 5 (26:02):
I'm here.

Speaker 8 (26:04):
I hired an attorney, actually through your legal service. Uh huh,
to open up, to open up an LLC.

Speaker 1 (26:12):
Wrong, we don't do LLCs. Those attorneys don't do LLCs.
They're only personal injury attorneys.

Speaker 8 (26:18):
Okay, Well I looked up your your legal maybe it
sent me to a different No, it didn't come.

Speaker 2 (26:25):
So it didn't. We only do personal We only do
personal injury.

Speaker 1 (26:28):
We don't refer anybody to anybody other than you talk
to someone and they go here, you go and they
don't get it.

Speaker 5 (26:34):
They got it, got it, got it?

Speaker 2 (26:35):
So what's your question?

Speaker 8 (26:37):
I just got so. I hired an attorney to form
an LLC for me, a sole owner of an LLC.
He charged me four hundred dollars, okay, and we got
that done. And then I went to the bank, and
I also went to my trust attorney because they wanted
to put the LLC in my trusty. And they said,
where's your operating agreement? So I went back to the

(26:59):
attorney and I said, the bank and my attorney is
asking for an operating agreement. He goes, oh, so that's
another four hundred dollars. So I thought it was through you.
So I told him that doesn't sound right. I think
that should be included. And I said, let me ask.
I said, let me ask Bill.

Speaker 4 (27:20):
Right, okay, But he says.

Speaker 1 (27:22):
All right, let me start with this real easy, okay,
operating agreement. You're four hundred dollars to file. File to
file for an LLC includes an operating agreement in your mind.
First of all, an LLC file by an attorney. I
don't know of any attorney that would do it for
only four hundred dollars. You got the worst attorney on
the on the planet that only does it for four

(27:43):
hundred dollars.

Speaker 2 (27:44):
Okay. You can go on a you can.

Speaker 1 (27:46):
Go on the internet and buy an Internet LLC formation kit.

Speaker 5 (27:50):
Hold on.

Speaker 1 (27:54):
That was a sneeze, okay, So an attorney fifteen hundred
dollars one thousand and fifteen hundred dollars for really simple LLC. Now,
an operating agreement. You don't even need an operating agreement
when you file for an LLC.

Speaker 2 (28:08):
I have no idea.

Speaker 1 (28:10):
Now the bank may want an ll an operating agreement,
but operating agreements those are another several thousand.

Speaker 2 (28:17):
Dollars to write. Okay, if you have any kind of complication.

Speaker 1 (28:22):
But at least so let's say an attorney, the charges
operating agreement will probably cost probably take him an hour
and a half two hours, okay, because they go through
they use a ten place, so let's call it two hours.
Every attorney I know charge at least six hundred bucks
an hour. I don't know if any attorney that only
charges four hundred dollars an hour. So to ask for
an LLC and an operating agreement, uh uh doesn't work

(28:47):
that way. Nope, okay, nope, yeah it's And how about
fixing my plumbing in my house?

Speaker 2 (28:53):
Here we go.

Speaker 1 (28:54):
I want an LLC, I want an operating agreement, and
my sink is claw and I want you to fix
that too for four hundred dollars.

Speaker 2 (29:05):
Why not? Susan, Hi, Susan, welcome eighty.

Speaker 9 (29:09):
Seven year old Mail up north, I'm down. I'm in
southern cal. He's in northern cal. Eighty seven year old
Mail got a storage unit. He's not very good at
written agreement, so he did not get a written agreement
in our contract. Got a little storage unit on the
third floor, which they sold is less like, less convenient,

(29:32):
so it's less money forty dollars a month. Seven weeks later,
he got a lovely letter in the mail, happy to
have you as a customer. Blah blah blah. Every now
and then we have to raise our rates to you know,
keep up with costs. It's now eighty dollars a month.

(29:52):
They doubled the rate. Yeah, eighty seven year old not
good with contracts. By the way, he owns a home
outright San Jose. He's not an idiot, however, okay, I
mean it doesn't matter.

Speaker 4 (30:03):
That's not enough.

Speaker 5 (30:04):
What would do it?

Speaker 9 (30:05):
What would do it?

Speaker 6 (30:06):
Okay?

Speaker 2 (30:08):
Okay.

Speaker 1 (30:09):
By the way, I want to congratulate you because you
went right into the question that rarely happens. It's not
Hey Bill, how are you? And I've got a question? Boom,
eighty seven year old Mail. I love that. I just
want to congratulate you on that. Okay, not having a
written agreement really unusual. Do you have to have a
written agreement? Well, if that's considered real estate, the answer

(30:31):
is yes. I don't know if that is considered real
estate at lease. Maybe it's a lease, I don't know.
If it's considered real estate, you have to have a
written agreement, and they're in violation, so there's no issue.
He can just stiff them and they have to show
a contract. Now, the other side of it is since
he did not have an agreement, they basically can say

(30:54):
almost anything they want, saying, hey.

Speaker 3 (30:57):
You know what, you agree to it. We do raise
our rate. Here's our policy. Uh now, even how big
is that storage unit?

Speaker 9 (31:05):
What do you think he should do? Should he get
out of there, go to a different place and get
an agreement. Yep, that's what I think you're going away
from these people.

Speaker 1 (31:13):
You're absolutely right. I think that's a great piece of advice. Okay,
that was good question, too, Absolutely a good question. Now
let me tell you about Zelman's minty mouth. And I
used to use the word mint Zelman's mintea mouth mint.
I don't because Zelman's is far more than just a

(31:36):
min I mean there's a mint component to it. There's
little capsules that are covered with very strong men and
then after the mint part has gone, after you've popped
me in your mouth, you then either swallow or bite
into them and the parsley seed oil inside goes to
work in your gut.

Speaker 2 (31:51):
What does all that mean? Good breath, fresh breath.

Speaker 1 (31:54):
For hours and hours of good, clean, fresh breath. And
if it matters to you, see, I don't care how
I smell. I breathe on you, and I smell like
the wrong end of a rhino.

Speaker 2 (32:02):
I'm fine with that.

Speaker 1 (32:03):
But for people that care about their breath and don't
want to smell like garlic onions coffee morning breath, Zelman's
clearly is the answer.

Speaker 2 (32:13):
And here is.

Speaker 1 (32:14):
Their offer for July until the end of the month.
Fifteen percent discount on your order. That's fifteen percent off
until the end of July. Zelman's Z E L M
I N S Zelmans dot com with the code KFI.
That's Zelmans dot Com with the code KFI. This is

(32:36):
handle on the law and this is KFI. Don't handles
here on a Saturday morning with the legal show. The
phone number eight hundred five two zero one five three four.
We do have some lines open eight hundred five to
zero one five three four and welcome back to handle
on the law marginal legal advice.

Speaker 2 (32:59):
Right, you're rop welcome.

Speaker 5 (33:02):
Hey Bill, I don't care how you are today.

Speaker 2 (33:05):
Excellent.

Speaker 5 (33:08):
The expot uh double wide mobile home on a little
bit of property before closing, got a home inspector come in.
He got underneath the cross base and said, oh, there's
a little bit something wrong. Excuse me. So it had

(33:32):
a mini split. She didn't like it, called the HVAC company.

Speaker 1 (33:37):
Okay, mini splitt being a small yet explain what this
is a lot of people don't know what mini splits are.

Speaker 5 (33:43):
Well, one of those little above the door air conditioners. Anyway,
she didn't like it. She called the HVAC company, had
him put in a heat pump. They got underneath the house.
Said there's been rats gotten into yours and they you know,
eat and tore down the air ducks and ate a

(34:09):
bunch of holes in them. Okay, and asked the HVAC company.
Should the home inspector have seen that? They said absolutely,
and they cost seven hundred bucks to get the air
ducks replaced. All right, Can I go back on the
home instead.

Speaker 2 (34:30):
I would.

Speaker 1 (34:31):
Now, the inspector has all kinds of waivers. You know,
you can't assume me if this happens or that happens,
or you're only I'm only suggesting a reasonable inspection.

Speaker 3 (34:43):
I mean all kinds of crap. But based on what
you say, yeah, I.

Speaker 1 (34:46):
Take them a small claims court, especially if the if
the HVAC company said, yeah, I mean it was obvious
there were holes all over the place.

Speaker 2 (34:55):
Anybody could have seen that.

Speaker 1 (34:56):
You could have put a three year old underneath that
in what I've noticed that there were holes in the
duct and something was wrong, and were there rat droppings
all over the place, Because inspectors have to know that,
oh yeah, it's yeah, yeah, I just yeah, make a
demand assuming.

Speaker 2 (35:12):
Small claims court. That is absolutely so easy.

Speaker 1 (35:17):
Uh Gus, oh gus, Bill.

Speaker 10 (35:23):
Yes, yes, thank you for taking my club bill last
year or now August I got I got, sir the
wrong case, and uh I didn't do anything about it
because it was not for me. But on the envelope,
the big.

Speaker 4 (35:43):
Envelope outside, somebody wrote because you know.

Speaker 10 (35:46):
My name, So I didn't do anything about it. In May,
we had the first hearing apparently conference whatever it's called,
and he got most phone. I mean, and even there
was not even a hearing. So I was told by
the clerk that he got was phoned. Okay, Jlight first,
So July first comes, I show up and the clerk says,

(36:10):
the case got bad vacated whatever that means.

Speaker 8 (36:15):
Yeah, I mean the.

Speaker 2 (36:16):
Case got vacated. I mean the case was basically thrown out.
It was done. You're finished, and you get to start
all over again. H. Unfortunately, there's no judgment or nothing.

Speaker 1 (36:27):
I don't know if cases vacated could have been with
a judgment.

Speaker 2 (36:30):
There could have been a judgment. But let me ask you.
Were you even served?

Speaker 1 (36:33):
Were you physically served the paperwork to start this thing?

Speaker 10 (36:38):
I was served, but with the wrong case paperwork.

Speaker 1 (36:42):
Okay, that's when you go that's when you go in.
Uh and uh what do they say?

Speaker 2 (36:46):
You did.

Speaker 5 (36:49):
Nothing? It said that it was there was never a carring.

Speaker 2 (36:54):
Okay, it doesn't matter.

Speaker 1 (36:55):
So you got served a lawsuit, but it says you
didn't do anything, so uh, okay, So they didn't ask
for any money. They don't allege that you did anything.
They just served you, like you go to a restaurant
and they just.

Speaker 2 (37:07):
Serve you dinner, So I went to the clerk. No,
I understand. You went to the court and they say
it was vacated. But I, you know, I can't help you.

Speaker 1 (37:18):
I mean, I don't know what that means. I was served,
but it was I didn't do it. They didn't ask
for anything.

Speaker 3 (37:26):
They just served me a piece of paper.

Speaker 10 (37:29):
I was I was being super over twenty thousand dollars.

Speaker 2 (37:32):
So for what what did you? What was the lawsuit for?

Speaker 5 (37:38):
For that?

Speaker 10 (37:39):
They wanted me to take on the back and refund
the money.

Speaker 2 (37:44):
Okay, all right, and you didn't do any of that.

Speaker 3 (37:46):
Okay, so now we know what the lawsuit was for.

Speaker 1 (37:49):
Next question is you try to go to court for
the hearing and you couldn't and it was set aside.

Speaker 2 (37:54):
Now you you have to get a motion. You've got
to go in front of the court and go back
to allowing you to go forward.

Speaker 1 (38:01):
Or if it was just vacated, it was just thrown out,
you start all over again. It's like it didn't happen.
It's like you've just been served, and you then go
in and you argue it wasn't me. I didn't do anything.
They serve the wrong person, and there's all those kinds
of arguments. Yeah, I don't know what to say. Have
I been hit before in cases that I had nothing
to do with Yeah, yeah, So unfortunately I have to

(38:23):
walk into court and say, hey, I had nothing to
do with this, and the court and then tosses it out.
I want to spend a minute talking about chronic pain.
Chronic pain means you hurt all the time. And if
you're in chronic pain, you know what I'm talking about.
But if you know someone who lives in chronic pain,
and I do. I live with someone. My wife is
in chronic pain, and I see what she goes through.

(38:45):
And what she did is start this pain cast or
this podcast called the Pain Game podcast, which deals with
her dealing with chronic pain with others dealing with it.
It's sort of a community that gets together and talks
about chronic pain. And she's the host, and she has experts,
she has people who are suffering, she has people who

(39:07):
live with people that are suffering like I do, and
it's pretty important.

Speaker 3 (39:13):
This really does help people.

Speaker 1 (39:15):
Who are living this way, who are tweeting people who
live this way, and it's unique and it's about pain
and you're not alone if you live in chronic pain
or live with someone with chronic pain or trauma. It's
The Pain Game Podcast, well worth listening to wherever you
listen to podcasts, podcasts, The Pain Game Podcast.

Speaker 3 (39:40):
Follow on social.

Speaker 1 (39:42):
At The Pain Game Podcast. Season three is well on
its way. Just started dropping The Pain Game Podcast. This
is Handle on the Law.

Speaker 4 (39:55):
You're listening to Bill Handle on demand from KFI AM
six meter Sorting
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